E-Tender

Tender -1

THANE MUNICIPAL CORPORATION, THANE

WATER SUPPLY DEPARTMENT

TENDER DOCUMENT

Work Name : Providing labour for Regulating water supply from Gaodevi,
Eternity, Tekadi Bunglow ESR in Naupada Prabhag Samiti Area
(2023-2024).
2024).
 INDEX
Providing labour for Regulating water supply from Gaodevi,
Name of work :
Eternity, Tekadi Bunglow ESR in Naupada Prabhag Samiti Area
(2023-2024).

Chapter Page No.

Brief Description of contents
No. From To

I. Notice Inviting Tender 1 5

II. Detailed Tender Notice 6 23

III. General Conditions of Contract and 24 71

Additional Conditions of Contract
IV. Special Conditions of Contract 72 78

V. Declaration of Contractor 79 79

VI. Agreement B-1 Tender Form 80 105

VII. Schedule 'A' 106 107

VIII. Schedule 'B' 108 109

IX. Item wise specification 110 111

X. Forms 112 120

XI Drawings 121 122

 General Guidelines for online submission.

 E-tendering process will be conducted through http://mahatenders.gov the e-

tendering portalofGovernmentofMaharashtrainassociation with Department of
Information Technology, Govt. of Maharashtra, NIC & State Bank of India for e-
payment.To participate in e-tendering, the intending offerers shall register
themselves in the websiteof http://mahatenders.gov.in. Detail information for
registrationand submission of offers through e-tendering process are available in
Bidders Manual kit in the website mahatenders.gov.in. There is no charge for
registration for bidders.

 Tender form and relevant documents are not be sold /issued manually from
offices.

 The date and time for online submission of envelopes shall be strictly followed in
all cases. The bidder should ensure that their tender is submitted online before
the expiry of the scheduled date and time. No delay on account of any cause will
be entertained. Tender(s) not submitted online will not be entertained.

 If for any reason, any interested bidder fails to complete any online stages during
the complete tender cycle, department shall not be responsible for that and any
grievance regarding that shall not be entertained.

 Tender shall be submitted in two Envelopes i.e. Technical Bid in Envelope-1 &
Price Bidin Envelope-2 through e-Tendering procedure only on
http://mahatenders.gov.in portal.

 Tenderssubmitted withouttwoBidsystemsandbywithoute-Tendering
(http://mahatenders.gov.in) procedure shall be rejected.

 The Two Bids offer must be submitted along withdocument(s) as per the
guidelines given in tender document by e-Tendering procedure only.

 For technical bid, bidders has to make sure that there should not be any space or
special character in the file name. All the technical documents should be in .pdf
Or.rar format e.g. “Registration certificate.pdf” “Registration certificate.rar” is
wrong file name.The correct file name would be“registration_certificate.pdf”
“registration_certificate.rar”.

 The documents uploaded in the technical bid will be scrutinized by the Evaluation
Authority as per the document asked in the tender notice and tender
document.The decision of the Tender Evaluation Authority shall be final in this
regard.

 Bidder, in advance, should prepare the bid documents to be submitted as

indicated in the tender schedule and they should be in PDF(for technical bid) and
excel file formats(Microsoft Excel 2003 and above file) for BoQ or Price Bid. In
case of technical bid, if there is more than one document, they can be clubbed
together. i. e. for each cover of online envelop only single file need to be
uploaded. For e.g. to upload document having multiple pages, bidder has to scan
them as single document.
  For BOQ, do not modify the BOQ predefined name or sheet name of BOQ.

 Only Green cells of BOQ are for data entry.

 Do not use cut, copy or paste while data entry into the BOQ sheet.

 Any violation on the BOQ shall be subjected to rejection of the bid.

 Before uploading BOQ, kindly confirm that enter detail in BOQ hasbeen saved
correctly.

 EMD Payment will be accepted by the E-tendering process only once while
Bidding.

 It is important to note that, the bidder has to Click on the ‘Freeze BidButton’, to
ensure that he/she completes the Bid Submission Process.Bids which are not
frozenareconsidered as Incomplete/Invalid bids and shall notbe considered for
evaluation purposes.

For any queries relating to this eProcurement Portal, please call 24 x 7 Toll Free No.
1800-3070-2232.
 DISCLAIMER

1. Detailed Time Table for the various activities to be performed in

e-tendering process by the Tenderer for quoting their offer is given in this
Tender Document under "Detailed Tender Notice", Contractor should
carefully note down the ‘cut-off’ dates for carrying out each e-tendering
process /activity.

2. Every effort is being made to keep the Website upto-date and running
smoothly 24x7 by the Thane Municipal Corporation and the Service
Provider. However, Thane Municipal Corporation takes no responsibility,
and will not be liable for the website being temporarily unavailable due to
any technical issue at any point of time.

3. In that event Thane Municipal Corporation will not be liable or responsible

for any damages or expenses arising from any difficulty, error,
imperfection or inaccuracy with this Website, it includes all associated
services, or due to such unavailability of the Website or any part there
of or any contents or any associated services.

4. Tenderer must follow the timetable of e-tender in process and get their
activities of e –tender processes done well in advance so as to avoid any
inconvenience due to unforeseen technical problem, if any.

5. Thane Municipal Corporation will not be responsible for any incomplete

activity of e-tendering process of the tenderer due to technical
error/failure of website and it cannot be challenged by way of appeal,
arbitration and in the Court of Law. Contractors must get done all the e-
tendering activities well in advance.
 CHAPTER I

TENDER NOTICE
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PRESSNOTICE

(पाणी पुरवठा िवभाग, ठाणे)

नगर अिभयंता
ठाणे महानगरपािलका,
महानगरपािलका ठाणे.
ठामपा/ पीआरओ/पापु-

Signature of contractor No. of corrections Executive Engineer, TMC

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THANE MUNICIPAL CORPORATION

(Water Supply Department)
TENDER NOTICE

Thane Municipal Corporation invites E-Tenders for total 13 works of supply of

labours for ESR operation & water bill collection for financial year 2023-24. Blank
tender papers can be downloaded from the official e-tendering website of

TMC, www.thanecity.gov.in /www.mahatenders.gov.in from

16/05/2023 to 24/05/2023 up to 16.00 hrs. Online tenders shall be

received up to 16.00 hrs. on 24/05/2023 and will be opened on 26/05/2023
at 16.00 Hours if possible in the presence of the participated contractors or
their representatives.

City Engineer,
Thane Municipal Corporation, Thane.

TMC/PRO/WS-HQ/163/2023-24

Date : 15/05/2023

Signature of contractor No. of corrections Executive Engineer, TMC

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DETAILED TENDER NOTICE

On-line tenders are invited from Contractors who are registered in appropriate
category and class with Central Government/ State Government/ Public Sector
Undertaking /Corporation for the work of "Providing labour for Regulating water
supply from Gaodevi, Eternity, Tekadi Bunglow ESR in Naupada Prabhag Samiti Area
(2023 – 2024)..

Blank tender papers can be downloaded from the official e-tendering website of
TMC, https://mahatenders.gov.in from16.05.2023 to 24.05.2023 upto 16.00
hrs. Online tenders shall be received upto 16.00 hrs. on 24.05.2023 and will be
opened on 26.05.2023 at 16.00 hrs if possible in the presence of the willing
contractors or their representatives.
“Providing labour for Regulating water
1. Name of work :
supply from Gaodevi, Eternity, Tekadi
Bunglow ESR in Naupada Prabhag Samiti
Area (2023 – 2024)".

Rs.44,90,928/- (Rs. Forty four lacs ninety

2 Estimated Cost : thousand nine hundred twenty eight only)

3 Cost of blank tender form : Rs.2,360/-(Including GST @ 18%)

4 Earnest Money Deposit Rs. 45,000/-

Earnest money deposit Exemption

certificate shall not be accepted.

5 Security Deposit : 5% of the total contract cost

a. Initial Security Deposit: 2%

b. Further security Deposit 3%
to be deducted from RA bills

6 Stipulated Period of : Twelve (12) Months (Including Monsoon)

completion of work

7 Tender validity period : 180 days from last date of submission of

bid.

Signature of contractor No. of corrections Executive Engineer, TMC

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8 Pre-qualification criteria : Following are the eligibility and qualification

criterias that are required to be fulfilled by
the participating tenderer:

1. Class of Registration : Maharashtra

PWD / MJP Class V
2. Contractor should have successfully
completed at least one similar type of
work costing not less than 80% of the
cost put to tender/two similar type of
work costing not less than 50% of the
cost put to tender/ three similar type
of work costing not less than 40% of
the cost put to tender in last Three
financial years. (Similar type of work
means providing Labour for Daily Valve
Operation & Work order would not be
considered as Valid Certificate)
3. Average Annual Turnover of contractor
for last three years should not be less
than 75 % of the cost put to tender.
4. The Tenderer shoud be registered
under Employees State Insurance
Act, 1948 and should have paid
ESIC.
5. The Tenderer shoud be registered
under Employees Provident Fund Act
and should have paid EPF.

9 Defect Liability Period : 6 Months from the date of certified

completion

10 Detailed tender notice will be available on https://mahatenders.gov.in from

16.05.2023to 24.05.2023 upto 16.00 hrs.

11 If in any case, any discrepancy is observed in downloaded tender document

with printed tender document, the tenderer is bound to accept printed
tender document

12 Guidelines to Bidders on the operations of Electronic Tendering System of

Thane Municipal Corporation are available on official e-tendering website of
TMC, https://mahatenders.gov.in. For any further assistance on the use of

Signature of contractor No. of corrections Executive Engineer, TMC

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Electronic Tendering System, the Users may contact the 24 x 7 Toll Free
Telephonic Help Desk Number 1800-3070-2232. Mobile : +91-7878107985,
+91-7878107986 ,+ 91-7878007972 and +91-7878007973

13 In case of any query/ additional clarification required regarding the work,

the bidder may contact City Engineer, 3rd Floor, Mahapalika Bhavan, Dr.
Almeida Road, Chandanwadi, Panchpakhadi, Thane – 400 602

14 All bidders are cautioned that tenders containing any deviation from the
contractual terms and conditions, specifications or other requirements are
liable to be rejected outright as non responsive.

15 The cost incurred by the contractor for preparation and submission of bid
shall not be reimbursed by the Thane Municipal Corporation in any case.

16. Municipal Commissioner, TMC, Thane reserves the rights to accept the
tender in full or in part or reject any or all tenders without assigning any
reason.

17.The rates quoted by the Contractor shall be deemed to be inclusive of the

sales³GST´ and all other taxes that the Contractor will have to pay for the
performance of this Contract.The Employer will perform such duties in regard
to the deduction of such taxes at source as per applicable law.

18.The Contractor shall pay the monthly wages to the labour as per the “Minimum
Wages Act” as described in the tender document.

19.The Contractor shall pay Bonus,Provident fund Contribution as per the current
Govt.Rules.

20.The Contractor shall provide Uniform,Temporary Identity Card and Covid-19

safety measure to the labours.

21.The Contractor shall take photo,Education,Certificates,Aadhar Card

details,Address proof,Pan Card,Bank details of the existing labours.

22.The Contractor shall pay monthly wages through Cheque/RTGS/NEFT directly

through the labours account and proof of the same contractor can claim for the
Running Account(R.A.) bills.

23.The Contractor shall fix the labours duty as per schedule given by TMC and it is
mandatory to do valve operation as per shedule.Other than valve operation no
other works shall be allowed to the contract labour or as specified by the
Engineer-in Charge.

City Engineer
Thane Municipal Corporation,Thane

Signature of contractor No. of corrections Executive Engineer, TMC

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CHAPTER II

DETAILED TENDER
NOTICE

Signature of contractor No. of corrections Executive Engineer, TMC

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CHAPTER-II
DETAILED TENDER NOTICE
1. NAME OF WORK:

Providing labour for Regulating water supply from Gaodevi, Eternity,

Tekadi Bunglow ESR in Naupada Prabhag Samiti Area (2023 – 2024).

2. INVITATION:

2.1. Tenders hereunder are being invited in accordance with

competitive bidding procedures of Thane Municipal Corporation,
Thane.
2.2. All bidders are cautioned that tenders containing any deviation
from the contractual terms and conditions specifications or other
requirements are liable to be rejected outright as non responsive.
2.3. All tenderers should submit a written request to the office of
CityEngineer, Thane Municipal Corporation, Thane on matters
where clarification or additional information is desired.

3. GENRAL DESCRIPTION OF WORK:

The work is for ““Daily operation of valves”

4. ELIGIBILITY AND QUALIFICATION REQUIREMENTS:

1. Class of Registration : Maharashtra PWD/MJP Class V

2. Contractor should have successfully completed at least one similar
type of work costing not less than 80% of the cost put to tender/two
similar type of work costing not less than 50% of the cost put to
tender/ three similar type of work costing not less than 40% of the
cost put to tender in last Three financial years. (Similar type of work
means providing Labour for Daily Valve Operation & Work order
would not be considered as Valid Certificate)
3. Average Annual Turnover of contractor for last three years should
not be less than 75 % of the cost put to tender.
4. The Tenderer shoud be registered under Employees State
Insurance Act, 1948 and should have paid ESIC.
5. The Tenderer shoud be registered under Employees Provident
Fund Act and should have paid EPF.
6. The contractor should pay maximum three months payment in

Signature of contractor No. of corrections Executive Engineer, TMC

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advance before receiving from the department.

7. The Contractor shall pay the monthly wages to the labour as per
the “Minimum Wages Act” as described in the tender document.
8. The Contractor shall pay Bonus,Provident fund Contribution as
per the current Govt.Rules.
9. The Contractor shall provide Uniform,Temporary Identity Card
and Covid-19 safety measure to the labours.
10. The Contractor shall take photo,Education,Certificates,Aadhar
Card details,Address proof,Pan Card,Bank details of the existing
labours.
11. The Contractor shall pay monthly wages through
Cheque/RTGS/NEFT directly through the labours account and
proof of the same contractor can claim for the Running
Account(R.A.) bills.
12. The Contractor shall fix the labours duty as per schedule given
by TMC and it is mandatory to do valve operation as per
shedule.Other than valve operation no other works shall be
allowed to the contract labour or as specified by the Engineer-in
Charge.
13. The Contractor in this tender will be prohibited for those
tenderer against whom penal action of de-registration has been
taken / initiated by any Government / Semi Government / Public
Sector under taking / Urban Local body / Municipal Corporation
etc.

5. ISSUE OF BLANK TENDER FORMS :

Blank tender papers can be puschased from the official e-tendering

website ofTMC,https://mahatenders.gov.infrom 16.05.2023 to
24.05.2023 upto 16.00 hrs.after paying Tender Fees via online modeas
per the Tender Schedule.

6. COST OF BLANK TENDER FORM :

The Cost of Blank Tender formincludingGSTshallbeRs.2,360/-(Rs.

Two thousand three hundred sixty only)

The Cost of Blank Tender form is to be submitted via online modeas per
the Tender Schedule.

7. PERIOD OF COMPLETION :

The period of completion shall be Twelve (12)calender months

including monsoon from the date of order to proceed with the work.

Signature of contractor No. of corrections Executive Engineer, TMC

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8. EARNEST MONEY DEPOSIT:

i) The amount of Earnest Money is Rs. 45,000/- (Rs. Forty five

thousand only)

ii) Earnest Money Deposit must be deposited through online payment

gateway only.

iii) Earnest money deposit Exemption certificate shall not be

accepted.

iv) Earnest Money in the form of Demand Draft, Cheque or any other
Mode other than prescribed above will not be accepted. Tenders of
those contractors who do not deposit Earnest Money online shall be
summarily rejected.

v) The Earnest Money Deposit will be returned to the unsuccessful

tenderers immediately after issue of work order to successful
tenderer or at expiry of validity period if tenderer do not wish to
extend validity period. A written request to this will bemade by
tenderer, On receiving written request, engineer incharge shall
forward request of tenderer to finance department within three
working days.

vi) The earnest money deposit of the successful tenderer shall be

returned after he furnishes performance security and initial security
deposit and duly enters into contract.

vii) Within seven days from the date of receipt by him of the letter of
having acceptance of his tender, the successful tenderer shall
furnish the required performance security deposit and initial
Security Deposit and attend the office of the City Engineer, Thane
Municipal Corporation, Almeda Road, Pachpakhadi Thane for
execution of the contract document. If the successful tenderer fails
to furnish Security Deposit or to execute the contract his earnest
money deposit shall be forfeited and the tenderer may be
disqualified from tendering for further works in the Thane Municipal
Corporation, Thane.

9. SECURITY DEPOSIT:

The successful tenderer whose tender is accepted will have to pay

theInitial Security Deposit 2% of accepted costin the form of Bank
Guarantee in the form prescribed by the Thane Municipal Corporation,
Thane on Stamp Paper valued as per stamp duty act (The Specimen
form is enclosed in the tender Documents) for the entire period of
contract, including defect liability period of 06 months. The Bank
Guarantee should be of a Nationalised or scheduled bank only.

The balance Security Deposit of 3% of accepted tender costwill be

Signature of contractor No. of corrections Executive Engineer, TMC

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recovered from the Running Accounts Bills at 5% of Gross value of the

Bill.

Refund:The Security Deposit shall be refunded after successful

completion of defect liability period of 06 months from the date of
certified completion of work. After issue of completion certificate to
contractor.After successfully completion of defect liability period TMC
will issue maintanance certificate and contractor thereafter will have to
request in writing for release of Security Deposit.

10. ADDITIONAL PERFORMANCESECURITY FOR UNBALANCED BID:

The tenderer offering rates lower than the estimated cost put to tender
shall have payAdditional Performance Security as per GR Ref. No. बीडीजी
2016/ . . 2/इमा.2 dated 12.02.2016.(Also refer Ref. No. saIeTI2017/ . .
8/इमा.2 dated 26.11.2018).

The Performance Security to be paid shall be as under:

1. In case the tenderer offers ratesup to and inclusive of 10% lower
than the estimated cost put to tender, tenderer shall have to pay
additional performance security of 1% of estimated cost to put to
tender.

2. In case the tenderer offers the rates lower than 10% below the
estimated cost put to tender, tenderer shall have to pay
additional performance security deposit amounting to rebate
offered beyond 10%of the estimated cost of work in additional to
1% of estimated cost of work as per para 1 above.

(For example, if the quoted rate is 14% below, the additional

security deposit shall be 1% (As per Para 1 above) + (14%-10%)
= 4% (As per Para 2 above.) Thus the total additional security
deposit shall be 5% of the estimated cost of work)

Manner of submission of Additional Performance security:

1. The performance security shall be paid in the form of Demand

Draft in favor of Thane Municipal Corporation. The Demand Draft
shall be drawn from Nationalized or Scheduled Banks only.
Demand Draft shall bear MICR and IFSC code of the Bank and
shall be valid for minimum of 3 (three) months from the last date
of submission of tender.

2. The original demand draft shall be submitted in envelope in the

office of Tender Inviting Authority within Eight (8) working

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days from the last date of opening of bid.

Manner of refund of the Additional Performance Security:

1. The envelopes containing the Demand Drafts of the contractor,
whose technical bid does not qualify the pre-qualification
requirements shall be returned within 7 (Seven) days from
opening of Envelope no. 1 of the Tender on written request of the
contractor.
2. The Demand Drafts of the Contractors, except for the lowest two
bidders (L-1 & L-2), shall be returned within 7 (Seven) days from
opening of Envelope no. 2 of the Tender on written request of the
contractor.
3. The Demand Draft of the Second lowest bidder (L-2) shall be
returned within 3 (three) days after issue of Work Order to
lowest bidder.
4. The Additional Performance Security of successful bidder shall be
refunded within 3 (three) months on successful certified
completion of work.

Note:
1. For details and clarifications regarding Performance Security, GR
Ref. No. saIeTI2017/ . . 8/इमा.2 dated 26.11.2018 shall be referred

2. The Earnest Money Deposit of Contractors not fallowing the

procedure above and/ or submitting false documents/ Demand
Drafts shall stand forfeited and such contractors shall be
blacklisted from further tendering for a period of one year.
3. In case, the tenderer offers rates lower than 10% below the
estimated cost put to tender, tenderer shall have to submit
detailed description regarding planning of executing the work at
quoted rates. The detailed description shall include rate analysis
with supporting documents.
4. The contractor shall be bound to submit any additional
information, as required by the Executive Engineer, to
substantiate the explanation regarding the rates etc.
5. All such explanation and additional information/ documents shall
have to be submitted within 2 (two) days of opening of financial
bid.

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6. It the contractor fails to submit the said explanation/ additional

information/ documents within specified period, the bid of
contractor shall be treated as non-responsive and the Earnest
Money Deposit shall be forfeited.

11. WHOM TO CONTACT:

The City Engineer, Thane Municipal Corporation, Thane may be

contacted for any further information on the tender.

12. LANGUAGE OF TENDER:

The tenders shall be submitted in the prescribed forms in “English”

language only. Language for communication may be Marathi.

13. TENDER VALIDITY PERIOD:

Validity of the offer will be 180 days from the date of opening of tender
documents and thereafter unless extended if required to do so, to this
consent will be taken from tederers who wish to do so.

14. TENDER DOCUMENTS:

14.1 Contents of Tender Documents:

A set of tender documents issued for the purpose of tendering

shall comprise of
 Notice Inviting Tender
 Detailed Tender Notice.
 General Conditions & Additional Conditions of Contract.
 Special Conditions of Contract.
 Declaration of contractor
 Agreement Form ‘B- 1’
 Price variation clause.
 Schedule "B"
 Itemwise Specifications
 Forms
 Drawings
 Corrigendums/ Addendums/ Common Set of Deviation if issued

14.2 The tenderer is deemed to have examined carefully all

instructions, conditions, forms, terms, technical specifications,
contract data and Drawings in the tender documents. Failure to

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comply with the requirements of tender submission shall be at the

tenderer’s own risk. Tenders which are not substantially
responsive to the requirement of the tender documents are liable
to be summarily rejected.
14.3 The tenderer shall submit only an unconditional offer which
complies fully with the requirements of the tender documents.
14.4 All tenderers are cautioned that no alternative or conditional
offers, variations or deviations by the tenderers in respect of
specifications given by department shall be entertained or
considered further in the process of tender evaluation. Further
more, any deviation from the conditions of tender or technical
specifications or other requirements stipulated in these tender
documents shall be summarily rejected as non responsive.
14.5 The data furnished in the tender documents are only by way of
general information and the department will not entertain any
claims due to variation from this data or for any expenses
incurred by the tenderer in this connection. The tenderer shall
himself obtain all necessary information as to risk and costs and
other circumstances which may affect or influence this tender.No
extra charges consequent on any misunderstanding or, otherwise
shall be allowed.
14.6 At any time prior to the deadline for submission of tenders the City
Engineer, Thane Municipal Corporation, Thane, may for any reason
whether at his own initiative or in response to a clarification
requested by a prospective tenderer modify the tender documents
by the issuance of a corrigendum/ Addendum.The corrigendum/
addendum/ common set of deviations shall be published on the
official e-tendering website of TMC, https://mahatenders.gov.in
before the last date of submission of bids.
14.7 The corrigendum/ addendum published on the website shall be
binding upon theprospective tenderers irrespective of whether
they acknowledge receipt of the same or not.

14.8 In order to afford prospective tenderers reasonable time to take

the Addendum/ corrigendum into account for the preparation of
their tenders, the City Engineer, Thane Municipal Corporation,
Thane at his discretion extend the deadline for the submission of
tenders

15. MANNER OF SUBMISSION OF TENDER AND ITS

ACCOMPAINMENT:

Tenderer shall submit the tender and documents On-Line as per E-

Tendering procedure.

15.1 TECHNICAL BID (Submitted as per E-Tendering

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procedure) :

The tenderer shall submit the following documents in

TECHNICAL BID on line as per online tender procedure.

15.1.1
Earnest money deposit of Rs.45,000/-(Rupees Forty five
thousand only) and tender document fees of Rs.2,360/-
(Rs. Two thousand three hundred sixty only) .

along with the tender should be deposited on-line as per E-

tendering procedure.

15.1.2 Details of other works Tendered for and in hand (as per
Form-I) with value of unfinished works on the date of
submission of this Tender.

15.1.3 List of Machinery and Plants (as per Form II) in position with
the tenderer individually

15.1.4 Details of Technical Personnel on the Rolls of the Tenderer (as

per Form-III) to be appointed on the work.

15.1.5 Affidavit (as per Form-V) regarding Documents/Papers

submitted in Envelope-1

15.1.6 Other relevant documents

15.2 PRICE-BID (submitted as per E-Tendering Procedure):

1. The tenderer should quote his offer in percentage at

appropriate placeonline as per the e-tendering process.
2. Scanned copy of Demand Draft as per clause no. 10 of NIT
(If applicable)

15.3 ACCOMPANIMENTS: (submitted as per E-Tendering

Procedure):

The bid shall contain following accompaniments:

i. Online receipt of the cost of Blank Tender form
ii. Online receipt of the Earnest Money Deposit (EMD)
iii. Scanned copy of Demand Draft as per clause no. 10 of
NIT (If applicable) (In Envelope no. 2 (Price Bid))

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Bids not accompanying the above shall be rejected out

rightly.

16. LAST DATE OF SUBMISSION OF TENDERS:

Online tenders shall be received upto16.00 hrs.on 16.05.2023and will

be opened on 24.05.2023at 16.00 hrsif possible in the presence of
thewilling contractorsor their representatives.

The City Engineer, Thane Municipal Corporation, Thane may at his

discretion extend the deadline for the submission of tenders by issuing
an amendment in which case all rights and obligations of the City
Engineer, Thane Municipal Corporation, Thane and the tenderers
previously subject to the original deadline shall thereafter be subject to
the new deadline as extended.

17. OPENING OF TENDERS:

On due d ate and specif ied tim e fo llowing procedure w ill

be adopted for opening of the t ender.

Technical Bid:

First of all EMD and tender fee submitted by all tenderers on line as per
E-tendering procedure shall be verified

Technical bid document submitted by all tenderers online as per E-

tendering procedure will be opened to verify its contents as per tender
requirements.

All the tenderers should produce original documents for verification of

online submitted documents within two (2) days after opening of
Technical Bid.

If the bidder fails to produce the original documents for

verification within stipulated period, the tender shall be treated
as non-responsive. The Earnest Money Deposit of such bidder
shall be forfeited and in addition such bidder shall be blacklisted
from further tendering in Thane Municipal Corporation.

If any clarification is required regarding the documents submitted by

tenderer in Technical bid, same will be informed by TMC over
telephone/ email and it should be complied within stipulated time. In

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case of failure of contractor to provide necessary clarifications, the

Technical proposal of the contractor shall be disqualified.

The tenders are liable to be rejected outright, if while submitting the

tender, the tenderer proposes any alteration in the work specified in the
tender or in time allowed for carrying out work or any other
unacceptable condition.

If the required documents do not meet the tender requirements, it will

be recorded accordingly by the tender opening authority and the said
tenderer’s Price-Bid will not be considered/opened for further action and
the reason will be recorded.

18. TENDERERS TO NOTE:

i) In case of observing any discrepanc y/ambiguity in the

tender document, the bidder should approach the City
Engineer well in advance of last date of submission of bids and
get the discrepancy set right.

ii) If any discrepancy is pointed out by the Contractor during

execution, the decision of City Engineer, TMC shall be final and
binding on the successful bidder.

iii) The City Engineer, Thane Municipal Corporation, Thane shall have
the right to revise or to amend the contract documents prior to
the last date of submission

iv) Revisions or amendments or additions if any shall be

uploaded on website by TMC from time to time.It shall be
binding on the part of intending bidder to take note of
these updates before submission of tender. No claim for
non-receipt of any revision in the form of corrigendum/
addendum/ CSD shall be entertained on submission of the
bid.

v) The tender submitted by the bidder shall be deemed to be

submitted duly considering all the Revisions or
amendments or additions if any made to the tender
document issued before the last date of submission of the
tender.

vi) Income Tax, VAT, labourcess, Local Body Tax & other Taxes as
applicable and at the rate in force will be recovered from the
gross amount of each bill, whether for measured or advance
payment of each bill, and/or secured advance.

vii) Royalty charges as applicable and at the rate in force will be

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recovered from the gross amount of each bill if contactor fails to

produce original challans of payment of royalty.

viii) Ten (10) percent of the total contract cost shall be earmarked for
final bill.

ix) Schedule ‘B’ of contract shows the items of work to be executed,

the estimated quantity, the rate, amount of such item as per
estimate and the total estimated cost put to tender. The tenderer
should quote his rate in terms of percentage above or below the
said estimated cost.

x) The Contractor should particularly note the units on which the

rates are based. In case, any difference noticed in the unit shown
in the column of Unit the Contractor should approach the City
Engineer well in advance before submission of the tender and get
the discrepancy set right. If any discrepancynot pointed out by
the Contractor is noticed, later on the City engineer, decision will
be final and binding on the tenderer.

xi) No addition or alterations in the form of the tender or in the

tender and no additions in the shape of special stipulation etc. are
permitted. The tenders which do not fulfill all or any of the above
conditions or are incomplete in any respect are laible for
summary rejection.

xii) All pages of tender documents, Conditions, Specification and

drawings etc. shall be initialled at lower left hand corner and
signed where required in the tender papers by the tenderer, all
partners in case of partnership firms or person holding a power of
attorney authorising him to sign on behalf of the partnership
firms or person holding a power of attorney authorising him to
sign on behalf of the partnership.

xiii) The City Engineer, Thane Municipal Corporation, Thane shall have
the right to revise or to amend the contract documents prior to
the date of receipt or opening of the tenders.

xiv) The Contractor shall make at his own expenses all preliminary
arrangements including site clearance etc. immediately after the
contract is awarded to him.

xv) Similarly the Contractor will have to make his own arrangement
at his cost for supply of electricity and water for camp and work
site as may be necessary and he will not be entitled to any extra
payment whatsoever in this regard.

19. THE TENDER ACCEPTING AUTHORITY:

The acceptance of tender vests with the Municipal Commissioner of

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Thane Municipal Corporation, Thane who reserves the right to reject

any or all tender without assigning any reason thereof. The award of
the contract shall be at the discretion of the tender Accepting Authority.

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FORM-I

DETAILS OF OTHER WORKS TENDERED FOR AND IN HAND

AS ON THE DATE SUBMISSION OF THE TENDER

Name of the tenderer:-

Sr. Name Name Place Work in hand Antici Works tendered for Remarks
No. of the and &Cou Ten Cost pated Esti Date Stimulat
work address ndry dere of date mat when ed date
of the d remai of ed decis or
Organisat Cost ning compl cost ion is period
ion of work etion exep of
whom ected complec
the work tion
was done
1 2 3 4 5 6 7 8 9 10 11

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FORM-II

LIST OF MACHINERY AND CETERING FORM WORK OWNED & AVAILABLE

WITH THE TENDERER WHICH WILL BE USED ON THIS WORK

Name of the tenderer :-

Sr. Name of No. of Type Capacit Age of Present Whether Remarks

No. Equipme Unit & y Machi location the
nt makes nery with name Machinery
& address is
of the Hypothecat
Organisati ed to any
on division,
Bank or
Institution
1 2 3 4 5 6 7 8 9

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FORM - III

LIST OF TECHNICAL PERSONNEL AVAILABLE WITH THE TENDERER TO

BE APPOINTED ON THIS WORK

Name of the tenderer :- :-

Sr. Name of Designation/Post Academic Remarks (any

No. Person held/Status Qualification other points)
& Experience
in similar
works
1 2 3 4 5

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FORM -IV

BAR CHART SHOWING EXECUTION OF WORK & DEPLOYMENT OF

MANPOWER & MACHINERY FOR THIS WORK

Name of the tenderer :-

Sr. Nature of 1st M`onth -------- Month Last Month

No. work to
be Deployment of Deployment of Deployment of
complete
d Man Machine Physical % Man Machine Physical % Man Machine Physical %
Power ry Completio Power ry Completion Power ry Completio
n of Work of Work n of Work
1 2 3 4 5 6 7 8 9 10 11

2
Tot
al :

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FORM – V

FORMAT FOR AFFIDEVIT

(On stamp paper of Rs.100/-)

I/We ……………………………..Age ……..year, Residing at

………………………………………………………………………………………………………………………... by
this Affidavit, I/We are giving in writing that , I/We
……………………………………………………………….. Owner/Firm Proprietor/Partner of this
Company have submitted the Tender for the work of
………………………………………………………..All the Papers/Documents, that
I/We have submitted in this Tenders Envelope No.01 are True, Correct
and Complete. In this Tender Documents, If any Papers/Documents are
found misleading, False and incomplete then I/We will be responsible
and will remain responsible for the legal action taken by the Than
Municipal Corporation.

Contractor’s signature

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CHAPTER III

GENERAL
AND ADDITIONAL
CONDITIONS OF
CONTRACTS

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CHAPTER-III
GENERAL AND ADDITIONAL CONDITIONS OF CONTRACT

1. WORK AND SITE CONDITIONS:

General Description of Work:

The work is for “Daily operating valve”
The general description of the project is as follows: -

The Thane Municipal Corporation has constructed a ESR and Sump. This
work comprises P/S Labour for operating daily valves.

2. CONTRACTOR TO INFORM HIMSELF FULLY:

2.1 The Contractor shall be deemed to have carefully examined the work and
site conditions land including labour, the general and the special
conditions, the specifications, schedules, drawings and shall be deemed to
have visited the site of work and to have fully informed himself regarding
the local conditions and carried out his own investigations to arrive at
rates quoted in the tender. In this regard he will be given necessary
information to the best of knowledge of the department but without any
guarantee and liability about it.
If he shall have any doubt as to the meaning of any portions of these
general conditions or the special conditions or the scope of work or the
specifications and drawing or any other matter concerning the contract he
shall, in good time, before submitting his tender, set forth the particulars
thereof and submit them to the City Engineer, Thane Municipal
Corporation, Thane in writing in order that Such doubts may be clarified
authoritatively before tendering.
Once a tender is submitted, the matter will be decided according to tender
conditions, in the absence of any such authentic pre-clarification.

2.2 Errors, Omissions and Discrepancies:

(a) In case of errors and/or disagreement between written and scaled
dimensions on the drawing or between drawing and standard
specifications etc’. The following order of preference shall supply.

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(i) Between actual scaled and written dimension or description on a

drawing the latter shall be adopted.
(ii) Between the written or shown description of dimension in the
drawing and corresponding one in the specifications, the latter shall
apply.
(iii) Between the quantities shown in Schedule of quantities and those
arrived at from the drawings, the latter shall be adopted, subject of
course, to actual measurement at site.
(iv) Between the written description of the item in the schedule of
quantities and the detailed description in specifications of the same
items, the latter shall be adopted
(b) In case of discrepancy between percentage rate quoted in figures
and words, the lower of the two will be considered for acceptance of
the tender.
(c) In all cases of omissions and/or doubts for any items or
specification, a reference shall be made to the City Engineer, Thane
Municipal Corporation, Thane whose elucidation, elaboration or
decision shall be considered as authentic. The Contractor shall be
held responsible for any errors that may occur in the work through
lack of such reference and through lack of such precaution.

2.3 Working Methods:

Contractor shall submit, within the time stipulated by the Engineer-in-
charge in writing the details of actual methods that would be adopted by
the contractor for execution of any item as required by Engineer at each
of the locations supported by necessary detailed drawings and sketches
including those of the Plant and Machinery that would be used, their
locations, arrangement for conveying and handling material etc. and
obtain prior approval of the Engineer-in-charge well in advance of starting
of such item of work. The Engineer-in-charge reserves the right to
suggest modification or make complete changes in method proposed by
the Contractor, whether accepted previously or not, at any stages of work,
in order to obtain the desired accuracy, quality and progress of work
which shall be binding on the contractor and no claim on account of such
changes in method of execution will be entertained by Thane Municipal

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Corporation so long as specifications of the item remain unaltered. The

contractor shall be responsible for obtaining necessary permissions from
Traffic Police. The Thane Municipal Corporation shall issue Letter of
recommendation in the name of authority concerned for said permissions.
However, it will be sole responsibility of contractor to obtain the
permission from Traffic Police. No claim of compensation except justified
extension of time limit as decided by Engineer-in-Charge shall be
entertained on account of delay or any other reason whatsoever in
obtaining the permissions from concerned authorities.
The Contractor shall prepare and submit safety plan for the execution of
work and get it approved from Engineer-in-charge. The work shall be
executed as per the approved safety plan.

2.4 Progress Schedule:

(a) The contractor shall furnish within 7 days on receipt of order to
start the work, a progress schedule of all the works mentioned in
the tender in quadruplicate indicating the date of actual start, the
monthly progress expected to be achieved and anticipated
completion date 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 should be such as to be practicable of
achievement towards the completion of the whole work in the time
limit. The progress schedule will be scrutinized and approved
with/without modifications by the Engineer-in-charge. No revised
schedule shall be operative without such acceptance in writing. The
Engineer-in-charge further empowered to ask for more detailed
schedule or schedules say week by week, for any item or items, in
case of urgency of work as will be directed by him and the
contractor shall supply the same as and when asked for. The
contractor will be responsible for maintaining the progress
according to schedule laid down in contract. The progress schedule
shall be in the form of Bar chart /C.P.M. chart or any other form
prescribed by Engineer-in-charge.

(b) The contractor shall furnish sufficient plant and equipment and
labour as may be necessary to maintain the progress schedule. The

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working and shift hours restricted to two shifts a day for operations
to be done under the supervision shall be such as may be approved
by the Engineer Night work which requires supervision shall not be
permitted except when specifically allowed by the Engineer-in-
charge each time, if requested by the Contractor. The Contractor
shall provide necessary lighting arrangements etc. for night work,
as directed by the Engineer-in-charge at it his own cost. The list of
plant & machinery proposed for the work if found inadequate to
meet with target in that case , contractor will have to mobilized
additional plant, equipment & manpower to achieve target. No extra
cost will be paid for such arrangement for the reason because the
contractor has himself assessed equipment to be mobilized for the
work.

(c) Further the contractor shall submit the progress report of work at
intervals of one month or as may be specified by the Engineer-in-
charge

(d) The contractor shall maintain proforma charts, details regarding

machinery, equipment, labour, materials, personnel etc. are
actually employed and submit weekly report thereof or as may be
specified by the Engineer-in-charge.

2.5 Treasure Trove:

In the event of discovery by the contractor or his employees, during the
progress of the work of any treasure fossils, mineral or any other article of
value or interest, the contractor shall give immediate intimation thereof to
the Engineer-in-charge and forthwith handover to the Engineer-in-charge
such treasure things, which shall be the property of the Thane Municipal
Corporation.

2.6 Agent and Work Order Book:

The contractor shall himself manage the work or engage authorised all
time agent on the work capable of managing and guiding the work and
understanding the specifications and contract conditions. A qualified and
experienced graduate Engineer shall be provided by the Contractor as his
agent for technical matters in case Engineer-in-charge considers this as
essential for the work and so directs the contractor He will take order as

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will be given by the Engineer-in-charge or his representative and shall be

responsible for carrying, them out. This agent shall not be changed
without prior intimation to the Engineer-in-charge or his authorised
representative on the work site. The Contractor shall supply to the
Engineer the details of all supervisory and other staff 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 numbers of contractor’s supervisory staff and to order removal
from work of any staff member. The Contractor shall comply with such
orders and effect replacement to the satisfaction of Engineer-in-charge. A
work order book shall be maintained on site and it shall be
property of Thane Municipal Corporation, Thane and the contractor
shall promptly sign orders given therein by Engineer-in-charge his
representative on the work and comply with them. The compliance
shall be reported by the contractor to the Engineer-in-charge in good time
so that it can be checked.The blank work order book with machine
numbered pages will be provided by the Thane Municipal Corporation free
of charge for this purpose. The contractor will be allowed to copy out
instruction given therein from time to time.

2.7 Instructions/directives of the Representative of Engineer-in

charge
The contractor shall always execute the work under this contract in strict
compliance with the instructions/ directives by the representative of
Engineer-in-charge. Any act of non-compliance with the instructions
directives issued by the representative of Engineer-in-charge shall be
considered as default of contractor. The Engineer-in-charge shall be free
to take further appropriate action as provided in the contract for dealing
with such defaults of contractor. The decision of Representative of
Engineer-in-charge where there has been an act of non-compliance with
his instructions/ directives for the purpose of this clause shall be final and
conclusive.

2.8 Persistent non-compliance with instructions/ directives of

Representative of Engineer-in-charge
If the contractor does not comply with the instructions/ directives of the
Representative of Engineer-in-charge, apart from and in addition to the

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remedies available to Thane Municipal Corporation as per this contract and

without prejudice to TMC’s rights in this regard, the representative of
Engineer-in-charge, which for the purpose of this clause can suspend the
contractor’s work till the representative of Engineer-in-charge is satisfied
that the contractor is in a position to comply with the instructions/
directives issued by representative of Engineer-in-charge.

The decision of representative of Engineer-in-charge in this regard shall

be final and conclusive. The contractor shall not have any claim
whatsoever against the Thane Municipal Corporation for such short term/
long term suspension of the contract work.

During the above mentioned period of suspension of work the contractor

shall not in any manner attempt to carry out any activity at work site. Any
such work shall not be measured and paid for and further the same would
be unauthorised work. For such acts, the contractor shall then be liable for
further appropriate action under the relevant provisions of Law.

2.9 Initial Measurement for Record:

Where for proper measurement of the work, it is necessary to have an
initial set of levels or other measurement taken, the same as recorded in
the authorised field book or measurement book of Thane Municipal
Corporation by the Engineer-in-charge or his authorised representative
and will be signed by the contractor who will be entitled to have a true
copy of the same made at his cost. Any failure on the part of the
Contractor to get Such levels etc. recorded before starting the work, will
render him liable to accept the decision of the Engineer-in-charge as to
the basis of taking measurements, likewisethe contractor will not
cover any work which will render its subsequent measurements
difficult or impossible, without first getting the same jointly
measured by himself and the authorised representative of the
Engineer-in-charge. The record of such measurements made by the
department will be signed by the contractor and he will be entitled to
have true copy of the same made at his cost.

2.10 Handing Over the Work:

All the work and materials, before finally taken over by department will be
the entire liability of the contractor for guarding, maintaining and making
good any damage of any magnitude interim payments made for such work

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will not alter this position. The handing over by the contractor and taking
over by the Engineer-in-charge or his authorised representative will be
always in writing, copies of which will be going to the Engineer-in-charge
or his authorised representative and the contractor duly signed by both
the parties.

2.11 Assistance in Procuring Priorities Permits etc.:

The Engineer-in-charge on a written request by the contractor, will if in
his opinion, the request is reasonable and in the interest of work and its
progress, assist the contractor, in securing, the priorities for deliveries,
transport permits for controlled materials etc. when such are needed. The
Thane Municipal Corporation will not be responsible for the non-availability
of such facilities or delay in this behalf and no claim on account of such
failures or delay shall be allowed by the Thane Municipal Corporation. The
contractor shall have to make his own arrangement for machinery
required for the work.

2.12 Samples and Testing of Materials:

(i) All materials to be used on the work such as cement, lime, bricks,
aggregates, steel, stones, asphalt, wood, tiles bitumen etc. shall be
got approved in advance form the Engineer-in-charge or his
authorised representative on work and shall pass the test or
analysis
(ii) The contractor shall at his risk and cost make all
arrangements and/or shall provide for all such facilities as the
Engineer-in-charge or his authorised representative on work may
require for collecting, preparing and forwarding required
number of samples for tests or for analysis to the TMC
laboratory or the name of the laboratory directed by the engineer
In-Charge and bear all charges and cost of testing. Such
samples shall also be deposited with the Engineer-in-charge or his
authorised representative on work.
(iii) The contractor shall, if and when required, submit at his cost the
samples of the materials to be tested or analysed and if so directed,
shall not make use of or incorporate in the works any
material to be represented by the samples until the required

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test or analysis have been made and the materials finally

accepted by the Engineer-in-charge.
(iv) The contractor shall not be eligible for any claim or
compensation either arising Out of any delay in the work or
due to any corrective measure required to be taken on
account of and as a result of testing of the materials.
(v) The contractor or his authorised representative will be allowed to
remain present in the laboratory while testing the samples furnished
by him.

2.13 Co-ordination:
When several agencies for different sub-works or the Project are to work
simultaneously on the project site there must be full co-ordination
and co-operation between different contractors to ensure timely
and smooth completion of the project as a whole. The schedule
dates for completion specified in each contract shall therefore, be
strictly adhered to. No single contractor shall take or cause to take any
steps or action that may cause, disruption discontent or disturbance of
work, labour or arrangements etc. of other contractors in the project
location. Any action by any contractor which the Engineer-in-charge in his
unquestioned discretion may consider as infringement of the above code,
would be considered as a breach of the contract conditions and shall be
dealt with as such.

In case of any dispute, disagreement between the contractors, the

Engineer-in-charge’s decision regarding the co-ordination, co-operation
and facilities to be provided by the contractors shall be final and binding
on the contractor concerned and such a decision or decisions shall not
vitiate any contract nor absolve the contractor(s) of his/their obligations
under the contract nor consider for the grant for any claim or
compensation.

2.14 Payments:
The contractor must understand clearly that the rates quoted are for
completed work and include all costs due to designs, proof checking,
labour, scaffolding, plant, machinery, supervision, electric charges, water
supply charges, royalties, LBT, VAT and any other tax, and shall also

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include all expenses to cover the cost of night work if and when required
and no claim for additional payment beyond the prices or rates quoted will
be entertained.
Contractor will have to submit all relative data like levels, registers etc.,
required test reports, respective cross sections along with procedure of bill
recording. Failing of which claim of payment will not be entertained.
No delay in start or continuation of further work shall be accepted due to
lack of fund or delay in payment to the contractor.

2.15 Patented Device:

Whenever the contractor desires to use any designed devices, materials or
process covered by the letter of patent or copy right, the right for such
use shall be secured by suitable legal arrangement and agreement with
patent owner and the copy of their agreement shall be filed with the
Engineer-in-charge. If so desired by the letter.

2.16 Temporary Quarters:

The contractor shall make his own arrangement for temporary quarters
required for housing to his laboureres and supervisory staff at his own
cost with all necessary arrangements including the preventive measure
etc. as directed by the Engineer-in-charge. No labour hutments shall
be allowed within the work site.

2.17 Site Office for the Departmental Staff

On receipt of the work order the contractor will have to erect semi-
permanent type structure for site office. Before erecting the site office he
shall have to obtain permission from the concerned City Engineer and the
City Engineer shall approve the location of the site office proposed by the
contractor or may allow another suitable site. The porta cabin/ container
cabin shall preferably admeasure 10.00 Sq. m with 2 doors and proper
ventilation. It should have toilet facility. This site office should be
exclusively for use of municipal staff only and should be installed before
commencement of work. The site office should be equipped with electric
supply, fans,telephone arrangement, sufficiently with tables, chairs, water
filter and cupboard with locking arrangement etc. No separate payment
will be made for providing the site office and ancilliaryitems mentioned
above. The site office and laboratory will have to be removed from the

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site, leaving the site clear of all materials within the period of 7 days from
the date of completion of work. In case of failure to do so the site office
will be demolish without any intimation to the contractor at the risk and
cost and no request for compensation will be entertained.
3. SAFETY MEASURES AND AMENITIES:

3.1 Safety Measures:

The contractor shall take all necessary precautions for the safety of the
workers and preserving their health while working in such job as require
special protection and precaution. The following are some of the
requirements listed. The contractor shall also comply with directions
issued by the Engineer-in-charge in this behalf from time to time and at
all times.

3.1.1 Providing protective footwear to workers, in situations like mixing and

placing of concrete, cement mortar or bitumen mix in quarries and places
where the work if done under too much wet conditions as also for
movements over surfaces infested with oyster growth etc.

3.1.2 Providing protective headwear to workers, working in quarries etc. to

protect them against accidental fall of materials from above.

3.1.3 Taking such normal precaution like providing handrails at the edges of the
floating platform or barges not allowing nails or metal parts or useless
timber to spread around etc.

3.1.4 Supporting workmen with proper belt ropes etc. when working on any
masts, cranes, grabs, hoist, dredgers etc.

3.1.5 Taking necessary step, towards training the workers concerned in the
use of machinery before they are allowed to handle it independently and
taking all necessary precautions in and around the areas where machine
hoists and similar units are working.

3.1.6 Taking necessary precautions for the prevention from live electrical
cables.

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3.1.7 Making platforms, stages and temporary structures sufficiently strong so

as not to cause inconvenience and risk to the workmen and supervisory
staff.

3.1.8 Providing sufficient first aid facility at the work site to render immediate
first aid treatment in case of accidents due to suffocations, drowning and
other injuries.

3.1.9 Take all necessary precautions with regard to use of drivers.

3.1.10 Providing full length gum boots, leather hand gloves with fire proof apron
to cover the chest and back, reaching upto knees and protective goggles
for the eyes to the labourers working with hot asphalt handling, vibrator
in cement concrete and also where use of any or all these items is
beneficial in the interest of health and well being of the labourers in the
opinion of the Engineer.

3.2 Explosives:
The contractor shall at his own expenses construct and maintain proper
magazines, if such are required for the storage of explosives for use in
connection with works, and such magazines being situated, constructed
and maintained in accordance with Government Rules and Relevant legal
provisions applicable in that behalf. The contractor shall at his own
expenses obtain such licence or licences as may be necessary for storing
and using explosives. Notwithstanding that the location etc. for storage
of explosives are approved by the Engineer, the Government shall not
be incurring any responsibility whatever in connection with storage and
use of explosive on the site or any accident or occurrence whatsoever in
connection therewith, all operations in or for which explosives are
employed being at the risk of contractor and upon his sole responsibility
and the contractor hereby gives to government an absolute indemnity in
respect thereof.

3.3 Damage by Floods or Accidents:

The contractor shall take all precautions against damage by floods or
from accidents etc. No compensation will be allowed to the contractor on
this account or for correcting and repairing any such damage to the work
during construction. The contractor shall be liable to make good at his

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cost any plant or materials belonging to the Government lost or damaged

by flood or from any other cause which is in his charge.

3.4 Relation with Public Authorities:

The contractor shall comply with all rules regulations by laws and
directions given from time to time by any local or Public Authority in
connection with this work and shall himself pay fees or charges which
leviable on him without any extra cost to the Department.

3.5 Police Protection:

For the special protection of Camp and of the Contractor’s works, the
Department will help the Contractor as far as possible to arrange for such
protection with the concerned authorities if so requested by the contractor
in writing. The full cost of such protections will be borne by the
contractor.

3.6 Indemnity:
The Contractor shall indemnify the Thane Municipal Corporation all
actions, suits, claims and demands brought or made against him in
respect of anything done or committed to be done by the Contractor in
execution of or in connection with the work of this contract and against
any loss or damage to the Government in consequence of any Suit or
action being brought against the contractor for anything done or
committed to be done during execution of the work of this contract.

3.7 Labour and General Laws:

Labour Regulations:
3.7.1 The contractor shall employ labour sufficient numbers either directly or
through sub-contractors 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-in-charge.

3.7.2 The contractor shall not employ in connection with the works any person
who has not completed his eighteenth year of age.

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3.7.3 The contractor shall furnish to the Engineer-in-charge fortnightly

distribution return of the number and description by trades of works
people employed on the works.

3.7.4 The contractor is required to report immediately to the Engineer-in-

charge any accident or unusual occurrence connected with the work and
now he/they acted upon. The contractor shall also submit to Engineer-
in-charge a true statement showing in respect of the second half of the
preceding month and the first half on the current month.
(1) The accidents that occurred during the said fortnight showing the
circumstances under which they happened and the extent of
damage and injury cause by them and

(2) The number of female workers who have been allowed benefit
under Maternity Benefit Act, 1961 or Rules made thereunder and
the amount paid to them.

3.7.5 The contractor shall pay to the labour employed by him either directly or
through sub-contractor wages not less than fair wages as defined in the
contract labour regulations as contained hereinafter in regards to all
matters provided therein.

3.7.6 The contractor shall comply with the provisions of the payment Wages
Act, 1936, Minimum Wages Act, 1948, Employees Liability Act, 1937,
Workmen’s Compensation Act, 1923, Industrial Disputes Act, 1947 and
the Maternity Benefit Act, 1961, the contract Labour (Regulation &
Abolition) Act, 1970, and the Interstate Migrant workman (Regulation of
employment and conditions of service) Act, 1979, or any modification
thereof or any other law relating thereto and rules made thereunder from
time to time.
3.7.7 The contractor shall indemnify Thane Municipal Corporation payments to
be made under and for the observance of the Regulations aforesaid
without prejudice to his right to claim indemnify from his sub-
contractors.
3.7.8 The decision of the Engineer-in-charge in matters relating to the reports
from the Inspecting Officers, as defined in “Contractor Labour

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Regulation” (Contained hereinafter) shall be final and binding and

deductions for recovery of any liquidated damages in this respect may be
made from any amount payable to the contractor.

3.8 Model Rules for Labour Welfare:

The contractor shall at his own expenses comply with or cause to be
complied with the Model Rules for Labour Welfare as contained hereafter
or rules framed by Department from time to time for the protection of
health and for making sanitary arrangements for workers employed
directly or indirectly on the works. In case the Contractor fails to make
arrangements as aforesaid, the Engineer in-charge shall be entitled to do
so and recover the cost thereof from the contractor.

3.9 Safety Code:

The contractor shall at his own expense arrange for the safety provisions
indicated hereafter or as required by the Engineer-in-charge in respect of
all labour directly or indirectly employed for performance of the works and
shall provide all facilities in connection therewith. In case the Contractor
fails to make arrangements and provide necessary facilities as aforesaid
the Engineer-in-charge shall be entitled to do so and recover the cost
thereof from the contractors.

3.10 Nuisance:
3.10.1 The Contractor shall not at any time do,cause or permit any nuisance on
the site or do anything which shall cause unnecessary disturbance or
inconvenience to owners, tenants or occupants of other properties near
the site and to the public generally.
3.10.2 The contractor shall save, harmless and indemnify the Department in
respect of all claims, demands, proceedings damages, costs, charges and
expenses what so ever arising out of or in relation to any such matters in
so far as the contractor is responsible therefore.

3.11 Contract Labour Regulations:

Definitions:
In these regulations unless otherwise expressed or indicated the following
words and expressions shall have the meaning hereby assigned to them.

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(a) Labour would mean “Workmen” as defined in Chapter-I of the

Contract Labour (Regulation and Abolition) Act, 1970 as amended
from time to time.
(b) “Fair Wage” means Wages, which shall include wages for weekly
day of rest and other allowances whether for time or piece work
after taking into consideration prevailing market rates for similar
employments in the neighbourhood and shall not be less than the
minimum rites of wages fixed under the minimum Wages Act.
(c) “Contractor” for the purpose of these Regulations shall include an
agent or subcontractor 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
Organisation.
(e) “Form” means a form appended to these Regulations.

3.12 NOTICE AND COMMENCEMENT:

The contractor shall within seven days of commencement of the work,
furnish in writing to the Inspection Officer of the area concerned the
following information under intimation to the Engineer-in-charge.
(a) Name and situation of the work.
(b) Contractor’s name and address.
(c) Particulars of the Department for which the work is undertaken.
(d) Names and Addresses of sub-contractors as and when they are
appointed.
(e) Commencement and probable duration of the work.
(f) Number of workers employed and likely to be employed.
(g) “Fair Wage” for different categories of workers.

3.13 (I)Number of hours of work, which shall constitute normal working day:
The number of hours, which shall constitute a normal working day for an
adult, shall be 9 hours. The working day for an adult worker shall be so
arranged that inclusive of intervals, if any, for rest shall not spread over
more than twelve hours on any day. When an adult worker is made to
work for more than 9 hours on any day or for more than forty eight hours

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in any week he shall in respect of overtime work be paid wages at double

the ordinary rate of wages.
NOTE: The expression ordinary rate of wage means the fair wage
the worker is entitled to.

II) Weekly day of Rest:

Every worker shall be given a weekly day of rest, which shall be fixed and
noticed at least 10 days in advance. A worker shall not be required or
allowed to work on the weekly rest day unless he has or will have a
substituted rest day on one of the five days immediately before or after
the rest, provided that no substitution shall be made which will result in
the worker working for more than 10 days consecutively without a rest
day for a whole day.
Where in accordance with the foregoing provision a worker works on the
rest day and has been given a substitute rest day he shall be paid wages
for the work done on the weekly rest day at the overtime rate of wages.

3.14 Display of Notice regarding wages weekly day of rest etc.

The Contractor shall before he commences his work on contract, display
and correctly maintain and continue to display and correctly maintain in a
clean and legible condition in conspicuous places on the works, notices in
English and in a local Indian Language spoken by majority of workers,
giving the rates of fair wages, the hours of works for which Such wages
are payable, the weekly rest day, workers are entitled to and name and
addresses of the Inspecting Officer. The contractor shall send a copy of
each of such notice to the Inspecting Officer.

3.15 Fixation of Wage Periods:

The Contractor shall fix wage periods in respect of each wages that shall
be payable. No wage period shall normally exceed one week.

3.16 Payment of Wages:

(i) Wages due to every worker shall be paid to him directly All wages
shall be paid in current coins or currency or in both.
(ii) Wages of every workers employed on the contract shall be paid,
where the wage period is the week within three days from the end
of the wage period, and in any other case before the expiry of the

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seventh day or tenth day from the end of the wage period
according as number of workers does not exceed one thousand or
exceeds one thousand, respectively.
(iii) When employment of any worker is terminated by or on behalf of
the Contractor, the Wages earned by him shall be paid before
expiry of the day, succeeding the one on which his employment is
terminated.
(iv) Payment of wages shall be made at the work site on a working day
except when the work is completed before expiry of the wage
period, in which case final payment shall be made at the work site
within 8 hours of last working day and during normal working time.

NOTE: The term “working day” means a day, on which work, on

which labour is employed is in progress.

3.17 Register of Workmen:

A Register of workmen shall be maintained in Form-1 and kept at the
work site or as near to it as possible, and the relevant particulars of every
workman shall be entered therein within their days of his employment.

3.18 Employment Card:

The Contractor shall issue an employment card in Form-II each worker on
the day of worker’s entry into his employment. If a worker has already
any such card with his issued by the previous employer, the Contractor
shall clearly endorse that employment card with relevant entries. On
termination of employment the employment card shall be again endorsed
by the Contractor and returned to the worker.

3.19 Register of Wages etc:

(i) A Register of wages cum muster roll in Form-II shall be maintained
and kept at the work site as near to it its possible.
(ii) A wage slip Form-IV shall be issued to every worker employed by
the Contractor at least a day prior to disbursement of wages.

3.20 Fine and deductions which may be made from wages:

Wages of worker shall be paid to him without any deductions of any kind
except the following: -
(a) Fines.

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(b) Deductions for absence from duty i.e. from the place or the places
where by the term of his employment he is required to work. The
amount of deduction shall be proportionate to the period for which
he was absent.

(c) Deduction for damage to or loss of goods expressly entrusted to the

employed persons for custody or for loss of money which he is
required to account for, where such damage or loss in directly
attributable to his neglect or default.

(d) Deductions for recovery of advances or for adjustment of every

payment of wages. Advance granted shall be entered in a register
and

(e) Any other deduction, which the Department may form time to time,
allows.

(ii) No fines shall be imposed on any worker save in respect of

such act and omission on his part as have been approved of by
the Chief Labour Commissioner.

(iii) No fine shall be imposed on a worker and no deduction for

damage or loss shall be made from his wages until the worker
has been given on opportunity of showing cause against such
fines or deductions in writing.

(iv) The total amount of fines which may be imposed in any one
wage period on a worker shall not exceed an amount due to
him in respect of that wage period.

(v) No fine imposed on a worker shall be recovered from him in

instalments or after expiry of sixty days from the day on which
it was imposed. Every fine shall be deemed to have been
imposed on the day of the act or commissions in respect of
which it was imposed.

(vi) The Contractor shall maintain both in English and the local
Indian Language a list, approved by the Chief Labour
Commissioner clearly stating the acts and commission for
which penalty or fine may be imposed on a workmen and

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display it in good condition in a conspicuous place on the work

site.

3.21 Preservation of Registers

The register of workman 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.

3.22 Enforcement:
(i) The Inspecting Officer shall either on his own motion or on a
complaint received by him carry out investigations and send a
report to the Engineer-in-charge specifying the amounts
representing workers dues and amount of penalty to be imposed on
the Contractor for breach of these Regulations, that have to be
recovered from the Contractor, including full details of the
recoveries proposed and the reasons therefore. It shall be
obligatory on the part of the Engineer-in-charge on receipt of such a
report to deduct such amounts from payments due to the
Contractor.

(ii) The penalty for every default and breach of these Regulations shall,
however be a sum not exceeding Rs.5000/-. In the event of the
Contractor’s default continuing in this respect, the penalty may be
enhanced to Rs. 50/- per day for each day default subject to
maximum of one percent of the estimated cost of the work
put to tender.

3.23 Disposal of amount recovered from the Contractor:

The Engineer-in-charge shall arrange payment to workers concerned
within 46 days from receipt of report from Inspecting Officer except in
cases where the Contractor has made an appeal under Regulation 15 of
these Regulations. In case where there is an appeal payment of worker’s
dues would be arranged by the Engineer-in-charge wherever such
payments arise, within 30 days from the date of receipt of the decision of
the Regional Labour Commissioner (R.L.C.).

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3.24 Welfare Fund:

All moneys that are recovered by the Engineer-in-charge by way of
worker’s dues which could not be disbursed to workers within the time
limit prescribed above, due to reasons Such as where about of workers
not being known, death of a worker etc., and also amounts recovered as
penalty shall be credited to a fund to be kept under the custody of R.L.C.
for Such benefit and welfare of workmen employed by Contractors are
prescribed by the Chief Labour Commissioner.

3.25 Appeal against decision of Inspecting Officer

Any persons aggrieved by decision of the Inspecting Officer may appeal
against such decision to the Regional Labour Commissioner concerned
within 30 days from the date of the decision forwarding, simultaneously a
copy of his appeal to the Engineer-in-charge. The decision of the Regional
Labour Commissioner shall be final and binding upon the contractor and
the workmen.

3.26 Representation of Parties:

(i) A workmen shall be entitled to be represented in any investigation or

enquiry under the regulations by an officer or a registered trade
union of which he is a member or by any Officer or a federation of
trade union to which the said trade union is affiliated or where the
workmen is not a member of any registered trade union, by an
officer of a registered trade union connected with or by any other
workmen employed in the industries in which the workmen is
employed.

(ii) A Contractor shall be entitled to be represented in any investigation

or/enquiry under these regulations by an officer of an Association of
Contractors of which he is a member or by a an officer of a
federation or Associations of contractors to which the said
Association is affiliated or where the contractor is not a member of
an association by an Officer of association of employers, connected
with or by any other employer engaged in the industries in which
the contractor is engaged.
(iii) No party shall be entitled to be represented by legal practitioner in
any investigation or enquiry under these regulations.

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3.27 Inspection of Books and other Documents

The Contractor shall allow Inspection of the registers and other documents
prescribed under these regulations by Inspecting Officer and the Engineer-
in-charge his authorized representative at any time and by the worker or
his agent no receipts of due notice at a convenient time.

3.28 Amendments:
Thane Municipal Corporation may from time to time add to or amend
these regulations and issue such directions as it may consider necessary
for the proper implementation of these regulations or for the purpose of
removing any difficulties which may arise in the administration thereof.

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FORM - I
REGISTER OF WORKMEN
(Regulation - 7)

i) Name and Address :

of the Contractor

ii) Number and Date of :

the Contract

iii) Name and Address of :

the Department awarding
the Contract

iv) Nature of Contract :

and Location of work

v) Duration of the :
Contract
Sr. Name & Age Father’s/ Nature of Permanent Home
No. Surname & Husband’s Employment / Address of
of the Sex Name Designation Employees
Worker

1 2 3 4 5 6

Present Date of Date of Signature Remarks

Address commencement Termination or Thumb
of Employment or leaving Impression
Employment of
Employee
7 8 9 10 11

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FORM - II

EMPLOYMENT CARD
(Regulation - 8)
i) Name and sex of worker :
ii) Father's/ Husband's Name :
iii) Address :
iv) Age and Date of Birth :
v) Identification Marks :
Particular's of next of kin (wife/husband) and children, if any, or of dependant
next of kin in case the worker has no wife/husband or child.
Name :-
Full address of Dependants :
(Specify village,District& State)

Sr. Name & Particular’s of Total period Actual number

No. Address of location of work during which of days
Employer site and employed worked.
(Specify description of From …………
whether work done To ………..
contractor or
a Sub-
Contractor)
1 2 3 4 5

Leave Nature Wage Wage Total Remarks Signature

taken (No. of Period Rate (with wage of the
of days Work particulars earned Employer
should be done of unit in by the
specified) by the case of worker
worker piece during
work the
period
shown
under
Col.5
6 7 8 9 10 11 12

N.B. For a worker employed at one time on piece work basis and at another on
daily wages relevant entries in respect of each of employment should be made
separately.

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FORM - III
REGISTER OF WAGES CUM MUSTER ROLL
(Regulation)

i) Name and Address of the Contractor :

ii) Number and Date of the Contract :
iii) Name and Address of the Department :
awarding the Contract
iv) Nature of contract and Location of work :
v) Duration of the Contract :
vi) Wage period

Sr. Name Father’s/H Sex Designati Daily Total

No. Surname usband’s on and attendanc attendance
of the Name Nature of e (No. of Unit
worker work units
1,2,3 …… worked)
upto 31)
1 2 3 4 5 6 7

Fair Wages Wages paid Overtime worked Total

available Wages

Basic D.A. & Basic D.A. & Date No. Overtime paid

Other Other of wages

allowance allowance hours earned

8 9 10 11 12 13 14 15

Deduction from Wages Net Date Signat Re

Fin Deduct Hous Recov Other Wage of ure or mar

es ion for e ery deduct s Paym thumb ks

damag Rent ion ent impres

es sion of
worker

16 17 18 19 20 21 22 23 24

Reasons to be recorded in column 24.

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FORM - IV

(Regulation 9)

i) Name of the Contractor :

ii) Place :

_________________________________________________________

________________

1) Name of worker with father/husband's name :

2) Nature of Employment :

3) Wage period :

4) Rate of Wage Payable :

5) Total attendance/units of work done :

6) Dates of which overtime worked :

7) Overtime wages :

8) Gross wages payable :

9) Total deductions (including nature of deductions) :

10) Net wages payable :

Contractor’s Signature/ Employee’s

Signature/
Thumb impression Thumb
impression

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3.29 Model Rules for Labour Welfare

3.30 Definitions:
(a) Work Place: “Work Place” means a place at which on an average 20
or more workers are employed.
(b) Large workplace: “Large Work Place” means a place at which on
average 500 or more workers are employed.

3.31 First Aid:

At every work place, 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 appliance they shall be
placed under the charge of responsible person who shall be readily
available during working hours.

At large work places where hospital facilities are not available within easy
distance of the works, first-aid posts shall be established and be run by a
trained compounder.

Where large work places are remotely situated and far away from regular
hospitals indoor wards shall be provided with one bed for every 250
employees.

Where large work places are situated in cities, towns or in their suburbs
and no bed are considered necessary owing to the proximity of city to
town hospitals, suitable transport shall be provided to facilitate removal of
urgent cases to those hospitals. At other work places some conveyance
facilities shall be kept readily available to take injured person or persons
suddenly taken seriously ill, to the nearest hospital.

At large work places, there shall be provided and maintained an

Ambulance room of the prescribed size of such medical and nursing staff
as may be prescribed. For this purpose the relevant provisions of the
Factory Rules of the State Government of the Area where the work is
carried on may be taken as the prescribed standard.

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3.32 Accommodation for Labour:

The Contractor shall during the progress of the works provide, erect and
maintain necessary temporary living accommodation and ancillary
facilities for labour at his own expenses and to standards and scales as
approved by the Engineer-in-charge.

3.33 Drinking Water:

In every working places 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 work place shall be provided with storage where
drinking water shall be stored.

Every water supply storage shall be at a distance of not less than 15

meters from any latrine, drain or other source of pollution where water
has to be drawn from an existing well, which is in proximity of latrines,
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
and water proof.

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.

3.34 Washing and Bathing Places :

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

3.35 Scale of Accommodation in Latrines and Urinals :

There shall be provided within the premises of every work place, latrines
and urinals in an accessible place, and the accommodation separately for
each of these, shall not be less than at the following scales

No. of Seats
(a) Where number of persons does not exceed 50. 2
(b) Where number of persons exceeds 3

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50 but does not exceed 100.

(c) For additional persons
3 per. 100 orpart thereof.
In particular cases, the Engineer-in-charge shall have the power to vary
the scale, where necessary.

3.36 Latrines and Urinals:

Except in work places provided with water flushed latrines connection with
a water borne sewage system, all latrines shall be provided with
receptacles on dry earth system which shall be cleared at least four times
daily and 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 on the scale laid down in rule 6. Those
for men should be similarly marked “FOR MEN ONLY”. A poster showing
the figures of a men and of a women shall also be exhibited at the
entrance to latrines for each sex. There shall be adequate supply of water
close to latrines and Urinals.

3.37 Construction of Latrines:

Inside wall shall be constructed of masonry or other non-absorbent
materials 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 thatched roof.

3.38 Disposal of Excreta:

Unless otherwise arranged for by the local sanitary authority arrangement
for proper disposal of excreta by incineration at the work place shall be
made by means of suitable incinerator approved by the local medical,
health and municipal authorities.

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The Contractor shall, at his own expenses, carry out all instructions issued
to him by tile Engineer-in-charge to effect proper disposal of excreta and
other conservancy work in respect of contractor’s work people or
employees on the site. The contractor shall be responsible for payment of
any charges which may be levied by municipal authority for execution of
such work on his behalf

3.39 Provision of Shelter during Rest :

At every work place 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. Height of each shelter shall not be less than 3 meters
from floor level to lowest part of the roof Shed shall be kept clean and the
space provided shall be on the basis of at least 0.5 sq. meter per head.

3.40 Crèches:
At a place at which 20 or more women workers are ordinarily employed,
there shall be provided at least one hut for use of children under the age
of 6 years, of such 1 woman. Huts shall not be constructed of a standard
lower than that of thatched roof, mud floor and walls with wooden planks
spread over mud floor and covered with matting.

Huts shall be provided with suitable and sufficient opening for light and
ventilation. There shall be adequate provision of sweepers to keep the
places clean. There shall be two “Dais” in attendance. Sanitary utensils
shall be provided to the satisfaction of local medical, health and municipal
or cantonment authorities. Use of huts shall be restricted to children, their
attendants and mothers of children.

Where the number of women workers is more than 25 but less than 50,
the Contractor shall provide at least one Hut, one Dai to look after the
children of women workers, size of the crèche (s) shall vary according to
the number of women workers employed. Creche(s) shall be properly
maintained and necessary equipment like toys etc., provided.

3.41 Canteen :
A cooked food canteen on a moderate scale shall be provided for the
benefit of Workers wherever it is necessary.

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3.42 Planning sitting and erection of the above mentioned structures shall be
approved by the Engineer-in-charge 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-in-charge and at the Contractor’s expenses. The Contractor
shall confirm 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 such temporary structures shall be
cleared away, all rubbish burnt, excreta or other disposal pits ortrenches
filled in and effectively scaled off and the whole of site left clean and tidy
to the entire satisfaction of the Engineer-in-charge at the Contractor’s
expenses.

3.43 Anti-Malarial Precautions:

The Contractor shall, at his own expenses, conform all anti-malarial
instructions given to him by the Engineer-in-charge, including the filling
up of any borrow pits which may have been dug by him.

3.44 Nothing payable for extra facilities:

These are minimum facilities required to be provided. If the contractor
gives any extra facility, the Thane Municipal Corporation will not
compensate him for that.

3.45 Enforcement:
The inspecting Officer or any other officer nominated in this behalf by the
Engineer-in-charge shall report to the Engineer-in-charge all cases of
failure to comply with the provisions of these Rules either wholly or in
part, specifying the penalties to be levied for such breach of these
provisions.

3.46 The sum to be levied, as penalty shall, however, be fixed in accordance

with provision of clause 13(ii) of safety code.

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4 DEFINITIONS:
Unless excluded by or repugnant to the context.
(a) The expressions “TMC” and “Owner” as used in the tender papers
shall mean the Thane Municipal Corporation, Thane.
(b) The expression “Department” as used in the tender papers shall
mean the Public Works Department of the Thane Municipal
Corporation, Thane.
(c) The expression “City Engineer” as used anywhere in the tender
papers shall mean City Engineer, of the Public Works Department,
Thane Municipal Corporation Thane who is designated as such for
the time being in whose jurisdiction the work lies or the officer to
whom the function of the Engineer-in-charge may be subsequently
transferred.
(d) The expression Plant as used in the tender papers shall mean every
machinery necessary or considered necessary by the Engineer-in-
charge to execute; construct complete and maintain the works and
used in altered, modified, substituted and additional work, ordered
in the time and manner herein provided and all temporary materials
and special and other articles of appliances of every sort, kind and
description whatsoever intended or used therefore.
(e) “Drawing” shall mean the drawings referred to in specifications and
any modifications Of such drawings approved in writing by Engineer
and such other drawings as may from time to time be furnished or
approved in writing by the Engineer-in-charge.
(f) “City Engineer's Representative” shall mean an assistant of the City
Engineer i.e. rank of City Engineer who will be called as Engineer-
in-charge of work notified in writing to the Contractor by the City
Engineer.
(g) 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 place which may be allotted by Thane
Municipal Corporation or used for the purpose of contract.

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(h) Part(s) thereof as the case may be and shall include all extra or
additional, altered or substituted works as required for performance
of the Contract.
(i) The “Contract” shall mean the notice of tender, the sealed quotation
and the tender documents including the tender and acceptance
thereof together with the documents referred to therein, and the
accepted conditions with annexure mentioned therein including any
special conditions, specifications, designs, drawings, priced
schedule/bill of quantities and schedule of rates. All these
documents taken together shall be deemed to form one contract
and shall be complementary to one another.
(j) The “Contractor” shall mean the individual or firm or company
whether incorporated or not, undertaking the work and shall include
legal representative of such an individual or persons comprising
such firm or company as the case may be and permitted, assigns of
such individual or firm or company.
(k) The “Contract sum” shall mean the sum for which the tender is
accepted.
(l) A “Day” shall mean a day of 24 hours from midnight to midnight
irrespective of the number of hours worked in that day.

(m) A “Week” shall mean seven consecutive days without regard to the
number of hours worked in any day in that week.

(n) “Excepted Risks” are risks due to riots (otherwise than among
contractor’s employees) and civil commotion (in so far as both
these are un-insurable) war (whether declared or not), invasion, act
of foreign enemies, hostilities, civil war, rebellion, revolution,
insurrection, military or usurped power, any acts of God, such as
earthquake, lightening and un-precedent floods over which the
contractor has no control.

(o) “Temporary works” shall mean all temporary works of every kind
required in or about the execution completion or maintenance of
the works.

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(p) “Urgent works” shall mean any measures which, in the opinion of
the Engineer-in-charge, become necessary during the progress of
the works to obviate any risk or accident or failure or which become
necessary for security of the work or the persons working, thereon.

(q) Where the context so requires, word importing the singular number
only also include the plural number and vice-versa.

(r) Wherever there is mention of “Schedule of rates” or simply D.S.R.

or Schedule Rates in this tender it will be taken to mean as “The
Schedule of the rate of Thane Public Works Circle, Thane.

5 LEVELLING INSTRUMENTS:
If measurements of items of the work are based on volumetric
measurements calculated from levels taken before and after construction
of the item, a sufficient number of levelling instruments, staves, tapes etc.
will have to be kept available by the contractor at road site of work for
this purpose including theodolite. All instruments must be kept at road
site available for use to TMC staff. Lack of such levelling instruments,
staves, tapes etc., in required numbers may cause delay in measurements
and the work. The contractor will therefore to keep sufficient number of
these readily available at site.

6. COLLECTION OF MATERIALS:
(i) The contractor or piece worker shall make his own arrangements to
obtain the material from existing or a new quarries but before
starting collection the quarry shall be got approved by the
Engineer-in-charge or his representatives. The contractor or piece
worker shall pay all royalty charges, compensation etc. No claims
or responsibility on account of any obstructions caused to execution
of the work by difficulties arising out of private owners of land, will
be entertained.
(ii) No material shall be removed from the land touching it without the
written permission of the Engineer-in-charge or his authorised
representative. If any material is obtained unauthorised from such
places, the contractor or piece worker shall have to make good the

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damage and pay such compensation, in addition as may be decided

by the Engineer-in-charge and will have to stop further collection.
(iii) Any material that falls on any Thane Municipal Corporation Road
from the carting truck or other plant etc. during, conveyance shall
be immediately picked up and removed by the contractor or piece
worker, failing which it be got removed departmentally at his cost.
No heap shall be left prior to stacking even temporarily on the road
surface or in any way so as to cause any obstruction or danger to
the traffic. The contractor or the piece worker shall be liable to pay
claims or compensation etc. arising out of any accident etc. Any
such materials causing obstruction or danger etc. will be got
removed departmentally at his cost and no claims for any loss or
damage to the material thus removed will be entertained. The
contractor shall also be responsible for the damage or accident etc.
arising out of any material that falls on the road or track not in
charge of the department and shall attend to any complaints which
may be received.
(iv) The materials shall not be collected in place where it is liable to be
damaged or lost due to traffic passing over it, to be washed away
by rain or floods to be buried under the land slide etc. or to slip
down of embankment or hill side etc. No claims for any loss due to
these and similar cause will be entertained.
(v) Rubble/metal shall be free from all earth, rubbish, vegetable matter
and other extraneous substances and in the case of metal, screened
to gauge, if so directed when ready, it shall be collected entirely
clear of the roadway, on ground which has been cleaned of
vegetation and levelled.
(vi) The size of the stacks like rubble shall be of such size as may
directed by the City Engineer and all stacks shall be of the same
uniform size and shall be uniformly distributed over whole lengths.
(vii) The representative of the Engineer-in-charge shall supply the
contractor with statement showing Sub Km., wise quantities that
will be required in the order in which the utilisation is to be done.

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Any excess quantity shall be removed at the expenses of the

contractor before the material in the length is finally measured.
(viii) lf directed, the material shall be collected in the following order
according to availability of space: (1) Rubble (2) Metal (3) Soft
Murum and (4) Hard Murum, shall be collected on the side opposite
to that on which soft murum has been collected. Similarly metal
collected for petty repairs shall be stacked on the opposite to metal
for new layer.

All road materials shall be examined before it is spread. The labour

for measurements (and check measurements wherever carried out)
shall be supplied by the contractor or piece worker. If the
contractor or piece worker fails to attend the measurements of
material after receiving the notice from the Engineer’s
representative or his subordinate stating date and time of intention
of measuring the work, the work shall be measured exparte and no
complaint in this respect will be entertained later on. If the
contractor or piece worker fails to attend the measurement of
material after receiving the notice form the Engineer’s
representative or his subordinate stating date and time of intention
of measuring the work, the work shall be measured exparte and no
complaint in this respect will be entertained later on. If the
contractor or piece worker fails to supply sufficient labour or the
materials required at the time of measurements or check
measurement, after due notice has been given to him, the
expenses incurred on account of employing departmental labour or
material etc. shall be charged against his account.

7. MISCELLANEOUS
7.1 Rates shall be inclusive of Work Contract Tax, VAT, LBT and all other
taxes etc.

7.2 In case it becomes necessary for the due fulfilment of contract for the
contractor to occupy land outside the department limits, the contractor
will have to make his own arrangements with the land owners and to pay
such rent if any payable as mutually agreed between them.

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7.3 The special provision in detailed specifications or wording of any item shall
gain precedence over corresponding contradictory provision, (if any), in
the M.O.R.T.H specifications, IRC Specifications, Maharashtra P.W.D.
Standard specifications where reference to such specifications is given
without reproducing the details in contract.

7.4 It is presumed that the contractor has gone carefully through the
M.O.R.T.H specifications, IRC Specifications, Maharashtra P.W.D. Standard
specifications (Red Book) and the schedule of rate and Studied the site
condition before arriving at rates quoted by him. Decision of the Engineer-
in-charge shall be final as regards interpretation of specification.
7.5 The collection and storage of construction materials at site shall be in such
a manner as to prevent deterioration intrusion, of foreign matter and to
ensure the preservation of their quality, properties and fitness for the
work. Suitable precautions shall be taken by the contractor to protect the
material against atmospheric actions, fire and other hazards. The
materials likely to be carried away by wind shall be stored in suitable
stores or with suitable barricades and where there is likely hood of
subsidence of soil, such heavy materials shall be stored on paved
platforms.
7.6 The contractor shall be responsible for making good the damages done to
the existing property or work during construction by his men.
7.7 If it is found necessary from safety point of view to test any part of the
structure, the test shall be carried out by the Contractor with the help of
the department at his own cost.

7.8 Defective work is liable to be rejected at any stage. The

contractor, on no account can refuse to rectify the defects merely
on reasons that further work has been carried out. No extra
payment shall be made for rectification.
7.9 In the absence of specific directions to the contrary, the rates and prices
inserted in the items are to be considered as the full inclusive rates and
prices for the finished work described there under and are to cover all
labour, materials, wastage, temporary work, plant, overhead charges and
profits, as well as the general liabilities, obligations and risks arising out of
the General Condition of Contract.

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7.10 The rates for items shall also include the cost of preparation of designs
and drawings for temporary structures viz. formworks, temporary staging
etc.) and getting the same approved from Thane Municipal Corporation.

7.11 All measurements will be made in accordance with the methods indicated
in the elaborated in the Technical specifications, incorporated in the
tender document.

7.12 The details shown on drawing and all other information pertaining to the
works shall be treated as indicative and provisional only except for the
mandatory provisions.

7.13 Protection of underground telephone cable and aerial telephone wires and
Poles, transmission towers, electrical cables and water supplying lines is
the responsibility of the contractor.
During the execution of work, it is likely that the contractor may meet
with telephone cable, electrical cables, water supply lines, effluent pipe
line, oil pipe line, gas lines etc. it will therefore be the responsibility of the
contractor to protect them carefully. All such cases should be brought to
the notice of the Engineer-in-charge by the contractor and also to the
concerned Department. Any damage whatsoever done to these
cables and pipe lines by the Contractor shall be made good by him
at his cost.

8 LINING OUT:

The Contractor shall provide free of charge all labour and material and
instruments required for lining out, surveying, inspection decided by the
Engineer-in-charge as considered necessary for the proper and systematic
execution of the work.

9. PRIORITIES OF WORK TO BE EXECUTED :

Priorities for items to be executed shall be determined periodically keeping
in view the final time limit allowed for the work. The decision of Engineer-
in-charge shall be final and binding in this regard. No claim for
compensation on this account shall be entertained by Thane Municipal
Corporation.

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10 HANDING OVER OF WORK :

All the work and materials before finally taken over by Thane Municipal
Corporation, will be the entire liability of the contractor for guarding,
maintaining and making good any damages of any magnitude. Interim
payments made for such work will not alter this position.

11 DISPUTES AND ARBITRATION:

11.1 No Arbitration is allowed.

11.2 In case of disputes or difference of opinion arising between the

Engineer-in-charge and the Contractor, the Contractor refer the matter to
the Commissioner through the City Engineer with an advance copy to the
Commissioner and the decision of Municipal Commissioner, Thane
Municipal Corporation will be final and binding on the contractor in
this case.

12. TESTS:

12.1 The contractor shall at his own cost arrange to carry out the all tests of
materials, which are to be used on the work. The tests will have to be
carried out either in the field laboratory or in an approved laboratory
suggested by T.M.C.

12.2 Department will also carry out some of above mentioned tests
independently in Laboratory and testing charges thereof will be borne by
the contractor. Also the work portion where test results are not
satisfactory will have to be removed and redone at the cost of the
contractor.

12.3 In case of materials procured by the Contractor, testing as required by the

codes and specifications, the same shall be arranged by him at his own
cost. Testing shall be done in the presence of an authorised
representative of the Engineer-in-charge at the nearest approved
Laboratory. If additional testing other than as required by specification is
ordered, the testing charges shall be borne by the contractor.

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13 FINAL BILL :

13.1 The contractor should submit final bill within one month after completion
of the work. At least 10% of the contract value shall be earmarked for
final bill. Disputed items and claims, if any shall be excluded from the bill
and settled separately later on.

13.2 Claims for extra work shall be registered within 30 days of occurrence of
the event. However, bills for these claims including supporting
data/details may be submitted subsequently to the Engineer-in-charge.

13.3 Bills for extra work or for any claim shall be paid separately apart from
the interim bills for the main work. The payment of bills for the main work
shall not be withheld for want of decision on the extras on claims not
covered in the stipulation of the contract. The work shall not be hold or
progress of work shall not be slowed down for payment of Bills for extra
work or claims. Appropriate action as per clause no. 2 of B-1 agreement
shall be taken and no claims for compensation on this account shall be
entertained.

14 ELECTRIC POWER:

Arrangements for obtaining Electric Power connection will have to be

made by the contractor at his own cost.

15 PRELIMINARY ARRANGEMENTS:

15.1 The Contractor shall, if necessary construct, temporary roads and

maintain these in proper condition till the completion of the work at his
own cost. If necessary, he shall also, at his own expenses make
necessary arrangements for acquisition of land required by him in
connection with execution of the work.
15.2 The Contractor shall have to make at his own cost all preliminary
arrangements for labour, water, electricity and materials etc., immediately
after getting the work order. No claim for any extra payment or
application for extension of time on the grounds of any difficulty in
connection with the above matter will be entertained.

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15.3 The contractor shall at his own expenses engage watchman for guarding
the materials and plants and machinery and the work during day and
night against any pilferage or damages and also for prohibiting
trespassers or damage to them. Failing, Corporation may engage this
without intimation to contractor and payment will be recovered through
R.A. bills.
15.4 The Contractor shall have to make his own arrangements for water
required for watering the embankment or for any other purpose.

16. INSPECTION:
16.1 The contractor shall inform the Engineer-in-charge in writing when any
portion of the work is ready for inspection giving him sufficient notice to
enable him to inspect the same without affecting the further progress of
the work. The work shall not be considered to have been completed in
accordance with the terms of the contract until the Engineer-in-charge
shall have certified in writing to that effect. No approval of materials or
workmanship or approval of part of the work during the progress of
execution shall bind the Engineer-in-charge or in any way affect him even
to reject the work which is alleged to be completed and to suspend the
issue of his certificate of completion until such alternations and
modifications or reconstruction have been effected at the cost of the
contractor as shall enable him to certify that the work has been completed
to his satisfaction.
16.2 The contractor shall provide at his cost necessary ladders and such
arrangements as to provide necessary facilities and assistance for proper
inspection of all parts of the work at his own cost.
16.3 The contractor after completion of work shall have to clean the site of all
debris and remove all unused materials other than those supplied by the
Department and all plant and machinery, equipment, tools etc., belonging
to him within one month from the date of completion of the work, or
otherwise the same shall be removed by the Department at his cost and
the contractor shall not be entitled for payment of any compensation for
the same.

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17 PLANT:
All constructional plant, provided by the contractor shall when brought on
to the site be deemed to be exclusively intended for the construction of
this work and contractor shall not remove the same or any part thereof
(say for the purpose of moving it from one part of the site to another or
the repairs etc.) without the consent in writing of the Engineer-in-charge
which shall not be unreasonably withheld.

18 AUTHORITIES TO THE ENGINEER-IN-CHARGE’s REPRESENTATIVE:

18.1 The Engineer-in-charge may from time to time, in writing delegate to his
representative any powers and authorities vested in the Engineer-in-
charge and shall furnish to the contractor a copy of all such delegations of
powers and authorities. Any written instructions of approval given by the
representative of the Engineer-in-charge to the contractor within the
terms of such delegations (but not otherwise) shall bind the contractor
and the department as though it had been given by the Engineer-in-
charge provided always as follows: -
18.2 Failure of the representative of the Engineer-in-charge to disapprove any
work or materials shall not prejudice the power of the Engineer-in-charge
thereafter to disapprove such work or materials and to order the pulling
down, removal or breaking up thereof.

18.3 If the contractor shall be dissatisfied with any decision of the

representative of the Engineer-in-charge, he shall be entitled to refer the
matter to the Engineer in-charge, who shall there upon confirm, reverse
or vary such decision.

19. EXCEPTED RISKS :

19.1 The contractor shall be under no liability whatsoever by way of indemnity
or otherwise for or in respect of destruction of or damage to the works
(save work condemned under the provisions of specifications and
conditions of this tender prior to the occurrence of any excepted risk
hereinafter mentioned) or temporary works or to property whether of the
Department or third parties or in respect of injury or loss of life which is
the consequence whether direct or indirect, war hostilities (whether war

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be declared or not) invasion, act of forein enemies, rebelition, revolution,

insurrection or military of usurped power, civil war or riot, commotion or
disorder otherwise than among the contractor’s own employees or his
piece worker and sub-agencies (hereinafter comprehensively referred to
as “the said excepted risks”) and the Department shall indemnify and
save harmless the contractor against and from the same and against and
from all claims, demands, proceedings, damages, costs charges and
expenses, whatsoever arising thereout or in connection therewith and
shall compensate the contractor for any loss of or damage to property of
the contractor used for intended to be used for the purpose of the works
and laying at site of work and occasioned either directly or indirectly by
the said excepted risks.
19.2 lf the works sustain destruction or drainages by reasons of any of the said
excepted risks, the contractor shall be entitled to payment for any
permanent works and for any
materials so destroyed or damaged and shall be paid by the department
the cost of making good tiny such destruction or damages whether to the
works or Temporary works and for replacing,, or making good Such
materials so far as may be necessary for the completion of the works on a
prime costs basis as the Engineer-in-charge may certify to be reasonable.
The contractor shall lodge his claim, in writing, supported by Engineer-in-
charge immediately, but not later than 30 days of such occurrence of
damage to works by excepted risk.
19.3 Destruction, damage injury or loss caused by the explosion or impact
whenever and wherever occurring of any mine, bomb, shell, grenade or
other projectile missile or ammunition or explosive or was resulting from
action described in 19.1 above shall be deemed to be a consequence of
the said Excepted Risks.

20. ADDITIONAL WORKS SPECIFICACTIONS:

20.1 The whole work shall be carried out strictly in accordance with the
approved detailed drawing (unless otherwise directed) description of the
items, detailed specification of M.O.R.T.H for Bridge and Road Works
(latest and in force Revision) (with Indian Standard specification indicated

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therein) subject to the additional specification given for the relevant items
in IRC, P.W.D. specification and in the best workmen like manner.
20.2 While adopting the relevant number and pages for different items
of the M.O.R.T.H specifications for Bridges and Road Works or
P.W.D., Standard Specification Books, due care has been taken to
indicate correct number and page for the various items. However
if for some reasons or other it is noticed that the specification
numbers and pages quoted are not pertinent, the contractor is
bound to carry out the work in accordance with the correct
relevant specifications for the item or items from the standard
specification Book, after taking into account the description of the
items, scope and spirit of the work.
20.3 During the course of the execution, payment for certain items such as
R.C.C. works and the like which are done in stages, shall be made at part
rates which shall be decided by the Engineer-in-charge. Similarly in case if
certain component or components of an item are decided to be deleted,
payment for the remaining parts of the items shall be made at reduced
rates for such items which shall be decided by the Engineer-in-charge,
either on the basis of market rates or schedule rates or accepted tender
rates whichever are lowest for such component or components.
20.4 It is to be definitely and clearly understood that the specification
stipulated shall be rigidly enforced and no relaxation shall be allowed.
Extra charges or claims in respect of extra works shall not be entertained
unless they are clearly outside the scope of the item and its specifications
to which they relate or unless such works are ordered in writing by the
Engineer-in-charge and claimed for in specified manner before the same is
taken in hand.

21 CONTRACTOR’S LIABILITY AND INSURANCE:

21.1 From commencement to completion of the works, the Contractor shall
take full responsibility for the care thereof and for taking, precaution to
prevent loss or damage to the greatest extent possible and shall be liable
for any damage or loss that may happen to the works or any part thereof
from any cause whatsoever (save and except the Excepted Risks) and
shall at his own cost repair and make good the same so that at

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completion, the works shall be in good order and condition and in

conformity in every respect with requirements of the contract and
instructions of the Engineer-in-charge.

21.2 Without limiting his obligations and responsibilities under clause 21.2 the
contractor shall insure in the joint name of the Thane Municipal
Corporation and the contractor against all loss or damage from whatever
cause (other than the Excepted Risks) for which he is responsible under
the terms of the contract and in Such manner that the Thane Municipal
Corporation and the contract are covered during the period of construction
of the works for loss or damage arising from a cause occurring prior to the
commencement of the damage caused by the Contractor in the course of
any operation carried Out by him for the purpose of complying with his
obligations under clause 20 of Printed B-1 Tender Form (regarding Defect
Liability).
(i) The works and the temporary works to the full value of such works
executed from time to time.
(ii) The materials, constructional plant and other things brought to site
by the in contractor to the full value of such material, constructional
plant and other things.

21.3 The Contractor shall indemnify and keep indemnified the Thane Municipal
Corporation against all losses and claims for injuries or damages to any
person of contractor & TMC supervising the work or any third party,
property whatsoever which may arise out of or in consequence of the
construction and maintenance of the works and against all claims,
demands, proceedings, damages, accidents, costs, charges and expenses
whatsoever in respect of or in relation thereto provided always that
nothing herein contained shall be deemed to render the contractor liable
for in respect of or to indemnify the Department against any
compensation or damage caused by “EXCEPTED RISKS”.

21.4 Before commencing execution of the work, the contractor shall, without in
anyway limiting his obligations and responsibilities under the conditions,
insure against any damage, loss or injury which may occur to any
property (including that of Department) or to any person (including any
employee of Department) by or arising out of carrying out of the Contract.

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21.5 The contractor shall at all times indemnify the Department against all
claims, damages of compensation under the provisions of payments of
wages Act, 1936, Minimum Wages Act, 1948, Employment Liability Act,
1938, Industrial Disputes Act, 1947, and the Maternity Benefit Act, 1961
and Inter State Migrant Workmen (Regulation of Employment and
Conditions of Service) Act, 1979 or any modifications thereof or any other
law relating thereto, any rules made there under from time to time or as a
consequence of any accident or injury to any workmen or other person in
or about the 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 Department, their agents or servants and also against all costs,
charges and expenses or any suit, action or proceedings arising out of
such accident or injury and against all sum or sums which may with the
consent of the contractor be paid to compromise or compound any such
claim without limiting his 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.

21.6 All the aforesaid insurance policies shall provide that they shall not be
cancelled till the Engineer-in-charge has agreed to their cancellation.

21.7 The contractor shall prove to the Engineer-in-charge his authorised

representatives from time to time that he has taken out all the insurance
policies referred to above and has paid the necessary premia for keeping
the policies alive till the completion of the work.

21.8 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 department resulting from their failure to obtain adequate
insurance protection in connection thereof. The Contractor shall produce
or cause to be produced by his sub-contractors
(if any) as the case may be relevant policy or policies and premium
receipts as and when required by the Engineer-in-charge.

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If the Contractor and/or his Sub-contractor (if any) shall fail to effect and
keep in force the insurance referred to above or any other insurance
which he/they may be required to effect under the terms of the contract
then in any such case department may without being bound and to effect
and keep in force any such insurance and pay such premium or premia as
may be necessary for that purpose and from time to time deduct the
amount so paid by the department from any money due or which may
become due to the contractor or recover the same as a debt due from the
contractor.

21.9 Third party insurance

Before commencing the execution of the work , the contractor ( but
without limiting with obligation & responsibility under clause 21.10.1
hereof) shall insure in the joint names of the employer and the contractor
against any damage or lose or injury which may occur to any property or
to any person ( including property & employees of the employer) by or
arising out of the execution of the works or temporary works in carrying
out of the contract, such insurance shall be affected with an Indian
insurance company and in terms approved by the employer ( which
approval shall not be unreasonably with held ) and for atleast the amount
shown in the appendix to the tender as the contractor shall have to
produced to the engineer in charge the policy or policies of insurance
and the receipt for the payment of current premiums as liability of
any one incident. This shall be restored back to same value after every
incident, taking place till the completion of the contract.

21.9.1 Risk pending completion:

All the works of this contract until completion of contract and handling
over the work to the employer shall stand at the risk of the contractor
who shall be responsible and make good at his own costs all loses and
damages caused by or by due to fire, weather or any other cause and the
contractor shall handover such works complete in every respect on
completion of works.

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22 PRESERVATION OF PROPERTY:
The contractor shall take all reasonable precaution for the protection and
preservation of any or all existing road side trees, drains, sewers or other
surface drain pipes, conduits and any other structure under or above
ground which may be affected by the constructions, operations and which
in the opinion of the Engineer shall be continued in use without any
change. Safeguards taken by the contractors in this respect shall be got
approved by him from the engineer. However, if any of these objects is
damaged by reason of the contractor’s negligence, it shall be replaced or
restored to the original condition at his expense.

23 PROVISION OF LIGHTING OF WORK :

All excavations, trenches, obstructions, materials etc. taken in connection
with the works would be sufficiently lighted at night in order to gard
against any damage or danger to the traffic. The contractor shall take
such other measures as may be directed by the engineer from time to
time for the safety of the traffic.

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CHAPTER IV

SPECIAL CONDITIONS
OF CONTRACT

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CHAPTER-IV
SPECIAL CONDITIONS OF CONTRACT

1 Progress of the work:

The Contractor shall submit a detailed time programme to complete the

work in prescribed time limit in technical bid. The Contractor shall also
review and submit a revised programme whenever the previous
programme is inconsistent with actual progress.
If, at any time, the actual progress is too slow to complete within the
Time for Completion, and/or progress has fallen (or will fall) behind the
current programme the Engineer-in-charge shall instruct the Contractor
to submit, a revised programme and supporting report describing the
revised methods which the Contractor proposes to adopt in order to
expedite progress and complete within the Time for Completion.
Unless the Engineer notifies otherwise, the Contractor shall adopt these
revised methods, which may require increases in the working hours
and/or in the numbers of Contractor’s Personnel and/or Goods, at the
risk and cost of the Contractor.
Apart from the other contractual actions, if in the opinion of City
Engineer, the progress of the work or a particular component of work or
a milestone is unsatisfactory, he may direct the contractor to expedite
the progress within reasonable time limit. If the contractor fails to
achieve desired progress, a penalty as decided by City Engineer shall be
levied on the contractor to liquidate the delay damages and shall be
recovered through running account bills. However, if the contractor
completes the work within prescribed time limit, such delay damages
shall be refunded to the contractor.

2 Posting of Qualified/Experienced technical personnel on Site :

The contractor shall appoint at least oneexperienced Engineer and

sufficient qualified supervisors for day to day quality and quantity
control. No work whatsoever shall be allowed in the absence of qualified
technical personnel at site.

3 Documentation of records:

There shall be sufficient documentation of the work The contractor shall

provide necessary registers for recording the feld data/ test results etc.
at his cost. All the records in field and in the laboratory shall be signed
by representative of contractors.

4 Safety of Traffic during execution :

The work is to be executed on busy flyover portion. The bus trafficon the
bridge shall not be diverted during the progress of work. During the work

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proper diversion shall be maintained. Proper indicator boards shall be

provided for safety of vehicular and pedestrian traffic and labour, staff
working on site. Proper insurance of staff labour be drawn as indicated in
contract. Safety during construction shall be given top priority and to the
entire satisfaction of Engineer incharge.

Necessary traffic signs and boards including provision of traffic cones etc.
for traffic diversion, roadwork in progress, etc. as directed should be
fixed by at the Contractors own cost. Failing which a penalty of
Rs. 5000/- per day shall be levied on contractor.

5 Anti Skid treatment:

Thebitumenmastic whilestillhotandinplastic
conditionshallbespreadwithbitumenprecoatedfinegrainedhardstonechips/
aggregatesof approvedqualityof9.5mmto13.2mmsize,dependingupon
thethicknessofmastic,using
bitumen@2to3%[email protected](5.4-
8.1kg
persqm)andpressedintothesurfacewhenthetemperatureofbitumenmastici
sbetween 80°Cand100°C.Suchprecoatedaggregateswhenlaid
shouldprotrude3mmto4mmover
themasticsurface.FlakinessIndexofstoneaggregatesusedforanti-
skidmeasuresshallbe lessthan25percent.

6 Preparatory arrangements:

Beforelayingbitumen mastic over anexisting bridge deck, the

crossfall/camber, expansion joint members and water drainage spouts
shall be carefully examined for their proper functioning in the bridge
deck structure and any deficiency found shall first be rectified. Loose
elements in the expansion joint shall be firmly secured. The cracks in
the concrete surface if any shall be repaired and filled up properly or
replaced by new concrete of specified grade before laying the bitumen
mastic over the bridge deck.

7 Transportation of mix:
The bitumen mastic,duly preparedincludingaddition of coarse aggregates
at the manufacturing point, is to be transported over a long
distanceand delivered to the laying site, arrangements for its transport
shall be made in a towed mixer transporter with adequate provision for
heating and stirring so as to keep the aggregates and filler suspended
in the mix till the time of laying.

8 Submission of Bills by Contractor :

The contractor shall submit bills for measured quantities duly supported
with joint measurements along with copies of records of test results for
frequency as per specifications, accounts of bitumen purchase, use of
delivery challans of mix from plant to site etc. The City Engineer shall

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check the bills, and measurements submitted by the contractor and

submit the bills after joint measurements duly signed by contractor.

9 Tenderer should note that, during the execution of works, debries etc.
which is dumped on the work place shall have to be removed
immediately as per direction of Engineer in charge, failing which the
same shall be got removed at the risk and cost of contractor.

10 The work shall have to be carried out under supervision and as directed
by TMC/ Consultant of TMC

11 Contactor shall provide one car (Tata Vista, Maruti Swift or equivalent)
with driver shall be provided execlusively for Supervisory staff of TMC
from the date of work order till completion of work. The running charges
viz. fuel, lubes etc. shall be borne by contractor. No separate of extra
payment shall be made on this account.

12 The contractor shall provide one portable scanner (HP Scanjet

Professional 1000 Mobile or equivalent) to Thane Municipal Corporation
within seven days of issue of work order. The scanner shall be property
of Thane Municipal Corporation and no separate payment shall be done
on this account

13 Price variation shall not be applicable for this contract

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CHAPTER V

DECLARATION
OFCONTRACTOR

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DECLARATION OF NOT BLACK LISTED

(Sample Format on Companies letter head)

To,

The City Engineer

Thane Municipal Corporation, Thane.

Dear Sir,

Sub. : Declaration of non black listed.

Ref. No. : Your Tender Notice No._______________ Dated : _____________

I / We hereby declare that I / We are not black listed in any Govt. / Semi Govt. /
PSU/ ULB / Local Body organization and my / our Earnest Money Deposit / Additional
Performance Security Deposit / Security Deposit was never forfeited by any above
mentioned organisation.

(Sign and Stamp of the organization and

authorized person of the company).

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AFFIDAVIT

Affidavit (On Rs.100/- Stamp Paper)

I .................................................... age ...................................... address ...........................................................

(Authorized signatory to sign the contract), hereby submit, vide this affidavit in truth, that I am the owner
of the contracting firm .................................... / authorized signatory and I am submitting the documents in
envelope no.1 for the purpose of scrutiny of the contract. I hereby agree to the conditions mentioned
below :-

1. I am liable for action under Indian Penal Code for submission of any false / fraudulent
paper / information submitted in envelope no.1.
2. I am liable for action under Indian Penal Code if during contract period and defect
liability period, any false information, false bill of purchases supporting proof of
purchase, proof of testing submitted by my staff, subletting company or by myself, I will
be liable for action under Indian Penal Code.
3. I am liable for action under Indian Penal Code if any paper are found false / fraudulent
during contract period and even after the completion of contract
(finalisation of final bill ).

(Signature of contractor)
(seal of company)

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CHAPTER V

DECLARATION OF THE CONTRACTOR

I/We, hereby declare that I/We have made myself/ourself thoroughly

conversant with the sub-soil conditions local conditions regarding all materials
(such as stone, murum, sand. source of water, etc.) and Labour of which I/We
have based my/our rates of this work. The specifications, conditions, bore results
and lead of materials on this work have been carefully studied and understood
by me/us before submitting this tender. I/We undertake to use only the best
materials approved by the City Engineer, Thane Municipal Corporation, Thane of
his duly authorised assistant before starting the work and to abide by his
decision.
I/We have gone through all general conditions of contract, special
conditions of the contract document carefully.

Signature of Contractor(s).

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CHAPTER VI

AGREEMENT B-1
TENDER FORM

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THANE MUNICIPAL CORPORATION.,

CHAPTER –VI (a)
FORM B-1
Percentage Rate Tender and Contract for Works
TENDER FOR WORKS

1. I/We hereby tender for the execution, for the Thane Municipal
Corporation, Thane (hereinbefore and hereinafter referred to as ‘TMC,
Thane’) of the work specified in the underwritten memorandum within
the time specified in such memorandum at*
__________________________________________________________
________________________________________________________
(*in figure as well as in words) percent below/above the estimated rates
entered in schedule “B” (memorandum showing item of works to be
carried out) and in, accordance in all respects with the specifications,
designs, drawings and instructions in writing referred to in rule 1 hereof
and clause 13 of the annexed conditions of contract and agree that when
materials for the work are provided by Dy. City Engineer, TMC, Thane
such materials and rates to be paid for them shall be as provided in
schedule “A” hereto.

MEMORAN DUM

1 General Description : Daily operating of valves

2 Estimated Cost : Rs. 44,90,928/-

3 Earnest Money : Rs. 45,000/-

5 Security Deposit : 5% of the total contract cost

(Rs.2,24,547/-)
a. Initial Security Deposit: 2%
(Rs.89,819/-)
b. Further security Deposit:3%
(Rs.1,34,728/-)
to be deducted from current bills at a
rate of 5% of gross value of bill

6 The Time Period For : Twelve(12) Months

Completion

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7 Defect Liability : 06 Months from Certified date of

period Completion

8 Price variation : Not Payable

2. I/We agree that this offer shall remain open for acceptance for a
minimum period of 180 days from the date of opening the same and
thereafter until it is withdrawn by me/us by notice in writing duly
addressed to the authority opening the tenders and sent by registered
post A.D. or otherwise delivered, at the office of such authority. The
Earnest Money in form of receipted bank challan No.________ date
_______________ is herewith forwarded. The amount of Earnest Money
shall not bear interest and shall be liable to be forfeited to the TMC,
Thane should I/We fail to (i) abide by the stipulation to keep the offer
open for the period mentioned above or (ii) sign and complete the
contract documents as required by the Dy. City Engineer and furnish the
security deposit as specified in item (d) of the memorandum contained in
para - 1 above within the time limit, laid down in clause (1) of the
conditions of the contract. The amount of earnest money may be
adjusted towards the security deposit or refunded to me/us if so desired
by me/us in writing unless the same or any part thereof has been
forfeited as aforesaid.

3. Should this tender be accepted I/We hereby agree to abide by and fulfill
all the terms and provisions of the conditions of contract annexed hereto
so far as applicable and in default thereof to forfeit and pay to TMC,
Thane the sum of money mentioned in the said condition.
Contractor _____________________________________________
Name & Address _____________________________________________
_____________________________________________
Dated ___________ day of ___________ 2022 ___________

(Witness) _____________________________________________
Name & Address _____________________________________________
_____________________________________________
Occupation _____________________________________________

The above tender is hereby accepted by me for and on behalf of the

Thane Municipal Corporation.

Officer
__________________________________________________________
Dated _____________________ day of _____________ 2016.

City Engineer
Thane Municipal Corporation, Thane

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CHAPTER: VI – (b)
CONDITIONS OF CONTRACT
Security CLAUSE 1 : The person / persons whose tender may be accepted (hereinafter
Deposit
called “the contractor” which expression shall unless excluded by or repugnant to
the context include its heirs, executors, administrators, and assigns) shall (A) within
10 days (which may be extended by the Engineer concerned upto 15 days if he
thinks fit to do so) of the receipt by him of the notifications of the acceptance of his
tender, deposit with the Engineer (if deposited for more than 12 months) of sum
sufficient which will make up the full security deposit specified in the tender or (B)
(Permit T.M.C. at the time of making any payment to him for work done under the
contract to deduct such sum as will amount to five percent of all moneys so payable
such deductions to be held by the T.M.C. by way of security deposit) provided
always that in the event of the contractor depositing a lump sum by way of security
deposit as contemplated at (A) above, then and in such case, if the sum so deposited
shall not amount to five percent of the total estimated cost of the work, it shall be
lawful for T.M.C. at the time of making any payment to the contractor for work
done under the contract to make up the full amount of two and a half percent by
deducting a sufficient sum from every such payment as last aforesaid until the full
amount of the security deposit is made up. All compensation or other sums of
money payable by the contractor to the T.M.C. under the terms of his contract may
be deducted from or paid by the sale of sufficient part of his security deposit or
from the interest arising there from, or from any sums which may be due or may
become due by T.M.C. to the contractor under any other contract or transaction of
any nature on any account securities endorsed as aforesaid, any sum or sums which
whatsoever and in the event of his security deposit being reduced by reason of any
such deduction or sale as aforesaid, the contractor shall, within ten days thereafter,
make good in cash or Government may have been deducted from, or raised by sale
of his security deposit or any part thereof. The security referred to when paid in
cash may at the cost of the depositor, be converted into interest bearing securities
provided that the depositor has expressly desired this in writing.

If the amount of the security deposit to be paid in a lump sum within the period
specified at (A) above is not paid, the tender / contract already accepted shall be
considered as cancelled and legal steps taken against the contractor for recovery of
the amounts. The amount of the security deposit lodged by a contractor shall be
refunded after the completion of defect liability period (DLP) which is 24(

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TwentyFour) months for this work i.e. up to which the contractor has agreed to
maintain the work in good order is over. In the event of the contractor failing or
neglecting to complete rectification work within the period upto which the
contractor has agreed to maintain the work in good order then subject to provision
of Clause 17 and 20 hereof the amount of Security Deposit retained by T.M.C. shall
be adjusted towards the excess cost incurred by the T.M.C. on rectification work.

Compensation CLAUSE 2 : The time allowed for carrying out the work (including monsoon
for delay
period) as entered in the tender shall be strictly observed by the contractor and shall
be reckoned from the date on which the order to commence work is given to the
contractor. The work shall throughout the stipulated period of the contract be
proceeded with all due diligence (time being deemed to be of the essence of the
contract on the part of the contractor) and the contractor shall pay as compensation
an amount equal to one percent or such smaller amount as the City Engineer
(whose decision in writing shall be final) may decide, of the amount of the
estimated cost of the whole work as shown by the tender for every day that the
work remain un-commenced, or unfinished, after the proper dates. And further to
ensure good progress during the execution of the work, the contractor shall be
bound, in all cases in which the time allowed for any work exceeds one month to
complete.

Action when CLAUSE 3 : In any case in which under any clause of this contract the contractor
whole of
shall have rendered himself to pay compensation amounting to whole of his
security
deposit is security deposit (whether paid in one sum or deducted by installments) or in case of
forfeited.
abandonment of the work owing to serious illness or death of the contractor or any
other cause the Chief Engineer on behalf of the M.C of T.M.C., shall have power to
adopt any of the following courses as he may deem best suited to the interest of the
T.M.C..

a) The rescind the contract (for which decision notice in writing to the contractor
under the hand of Chief Engineer shall be conclusive evidence) and in that case the
security Deposit of the contractor shall stand forfeited and be absolutely at the
disposal of T.M.C..

b) To carry out the work or any part of the work departmentally debiting the
contractors with cost of the work, expenditure incurred on tools and plant and

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charges on additional supervisory staff including the cost of the work charges
establishment employed for getting the unexecuted part of the work completed and
crediting him with the value of the work done departmentally in all respects in the
same manner and at the rates as if it had been carried out by the contractor under
the terms of this contract. The certificate of the Engineer as to the cost and other
allied expenses so incurred and to the value of the work so done departmentally
shall be final and conclusive as against the contract.

c) To order that the work of the contractor be measured upto date such part thereof as
shall be unexecuted out of his hands and to give it to another contractor to complete
in which case all expenses incurred on advertisement for fixing new contracting
agency, additional supervisory staff including the cost of work charged
establishment and cost of the work executed by the new contract agency will be
debited to the contractor and the value of the work done or executed through the
new contractor shall be credited to the contractor in all respects and in the same
manner and at the same rates as if it had been carried out by the contractor under
the terms of this contract. The certificate of the Engineer as to all the cost of the
work and other expenses incurred as aforesaid for or in getting the unexecuted
work done by the new contractor and as per the value of the work so done be final
and conclusive against the contractor.

In case the contract shall be rescinded under Clause (a) above the contractor shall
be entitled to recover or be paid any sum for any work therefore actually performed
by him under this contract unless and until the Engineer shall have certified in
writing the performance of such work and the amount payable to him in respect
thereof and he shall only be entitled to be paid the amount so certified, in the event
of either of the course referred to in Clause (b) or (c) being adopted and the cost of
the work executed departmentally. Or through a new contractor and other allied
expenses exceeding the value of such work credited to the contractor, the amount
of excess shall be deducted from any money due to the contractor by T.M.C. under
the contract or otherwise however for, from his Security Deposit or the sale
proceed thereof provided however the contractor shall have no claim against
T.M.C. even if certified cost of such work and allied expenses, whichever of three
courses mentioned in Clauses (1), (b) or (c) is adopted by the Engineer the
contractor shall have no claim to compensation for any less sustained by him by
reasons of his having purchased procured any materials or entered into any

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engagements or made any advances on account of or with a view to the execution

of the work of the performance of the contract.

Action when CLAUSE 4 : If the progress of any particular portion of the work is
the progress of
unsatisfactory, the Engineer shall notwithstanding that the general progress of the
any particular
portion or the work is in accordance with the conditions mentioned in Clause 2, be entitled to take
work is
action under Clause 3 (b) after giving the contractor 10 days notice in writing. The
unsatisfactory
contractor will have no claim for compensation, for any loss sustained by him
owing to such action.

Contractor CLAUSE 5 : In any case in which any of the powers conferred upon the Chief
remains liable
Engineer by Clause 3 and 4 hereof shall have become exercisable and the same
to pay
compensation shall not constitute a waiver of any of the conditions hereof and such powers shall
if action is not
notwithstanding be exercisable in the event any future case of default by the
taken under
Clause 3 & 4 contractor for which under any clause or clauses hereof he is declared liable to pay
compensation amount to the whole of his security deposit and the liability of the
contractor for past and future compensation shall remain unaffected. In the event
of the Chief Engineer taking action under sub-clause (a) or (c) of Clause 3, he may,
Power to take
possession of if he so desires, take position of all or any tools, land, materials and stores in or
required
upon the work or the site thereof or belonging to the contractor, or procured by him
removal of or
sale of and intended to be used for the execution of the work or any past thereof paying or
contractor’s
allowing for the same in account at the contract rates or in the case of contract
plant.
rates not being applicable at current market rates, to be certified by the Engineer
may, after giving notice in writing to the contractor or his clerk of the work, or
foreman or other authorized agent require him to remove such tools, plant,
materials or stores from the premises within a time to be specified in such notice
and in the event of the contractor failing to comply with any such requisition the
Engineer may remove them at the contractor’s expense or sell them by auction or
private sale on account of the contractor and at his risk in all respects, and the
certificate of the Engineer as to the expense of any such removal and the amount of
the proceeds and expense of any such be final and conclusive against the
contractor.

Extension of CLAUSE 6 : If the contractor shall desire an extension of the time for
time
completion of work on the ground of his having been unavoidably hindered in its
execution or on any other ground, he shall apply in writing to the Engineer before
the expiration of the period stipulated in the tender or before the expiration of 30

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days from the date of which he was hindered as aforesaid or on which the cause for
asking for extension occurred, whichever is earlier and the Engineer, may if in his
opinion there was reasonable grounds for granting an execution, grant such
extension as he thinks necessary or proper. The decision of the Engineer in this
matter be final.

Final Clause 7 : On completion of the work the contractor shall be furnished with a
Certificate
certificate by the Engineer (hereinafter called the Engineer) of such completion but
no such certificate shall be given nor shall the work be considered to be complete
until the contractor shall have removed from the premises on which the work shall
have been executed all scaffolding, surplus materials and rubbish, and shall have
cleaned off the dirt from all wood work, doors, windows, walls, floor or other parts
of any building in or upon which the work has been executed or of which he may
hand possession for the purpose of executing the work nor until the works shall
have been measured by the Engineer or where the measurement have been take by
his subordinates until they have received the approval of the Engineer, the said
measurements being binding and conclusive against the contractor. If the
contractor fails to comply with the requirements of this clause as to the removal of
scaffolding, surplus materials and rubbish and cleaning of dirt on or before the date
fixed for the completion of the work the Engineer may at the expense of the
contractor remove such scaffolding, surplus materials and rubbish and dispose off
the same as he thinks fit and clean off such dirt as aforesaid and the contractor
shall forthwith pay the amount of all expenses so incurred, but shall have no claim
in respect of any such scaffolding or surplus materials as aforesaid except for any
sum actually realized by the sale thereof.

Payments on CLAUSE 8: No payment shall be made for any work, estimated to cost less than
intermediate
rupees one thousand till after the whole of the work shall have been completed and
certificates to
be regarded as a certificate of completion given. But in the case of works estimated to cost more
advances
than rupees one thousand, the contractor shall on submitting a monthly bill
therefore, be entitled to receive payment proportionate to the part work then
approved and passed by the Engineer, whose certificate of such approval and
passing of the sum so payable shall be final and conclusive against the contractor.
All such intermediate payments shall be regarded as payments by way of advance
against the final payments only and not as payments for works actually done and
completed, and shall not preclude the Engineer from requiring any bad, unsound,

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imperfect or unskilled work to be removed or taken away and reconstructed or re-

erected nor shall any such payment be considered as an admission of the date
performance of the contract or any part thereof in any respect or the accruing of any
claim, nor shall it conclude, determine, or affect in any other way the powers of the
Engineer as to the final settlement and adjustment of the accounts or otherwise or
in any other way vary or effect within one month of the date fixed for the
completion of the work, otherwise the Engineer’s certificate of the measurements
and of the total amount payable for the work shall be final and binding on all
parties.

Payment at CLAUSE 9: The rates for several items of works estimated to cost more than
reduced rates
Rs.1,000 agreed within, shall be valid only when the item concerned is accepted as
on account of
items of work having been completed fully in accordance with the sanctioned specifications. In
not accepted
cases where the items of work are not accepted as so completed the Engineer may
as completed
to be at the make payment on account of such items at such reduced rates as he may consider
discretion of
reasonable in the preparation of final or on account bills.
Engineer

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

Bill to be on CLAUSE 11: The contractor shall submit all bills on the printed forms to be had
printed forms
on an application at the office of the Engineer. The charges to be made in the bills
shall always be entered at the rates specified in the tender or in the case of any extra
work ordered in pursuance of these conditions, and not mentioned or provided for
in the tender, at the rates hereinafter provided for such work.

Store supplied CLAUSE 12 : If the specification or estimate of the works provides for the use of
by T.M.C.
any special description of materials to be supplied from the store of the T.M.C. or if

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it is required that the contractor shall use certain stores to be provided by the
Engineer (such material and stores and the prices to be charged therefore as
hereinafter mentioned being so far as practicable for the convenience of the
contractor but not so as in any way to control the meaning or effect of this contract
specified in the schedule or memorandum hereto annexed) the contractor shall be
supplied with such materials and stores as may be required from time to time to be
used by him for the purposes of the contract only, and the value of the full quantity
of the materials and stores so supplied shall be set off or deducted from any sums
thank due or thereafter to become due to the contractor under the contract, or
otherwise, or from the security deposit, or the proceeds of sale thereof if the
security deposit is held in government securities the same or a sufficient portion
thereof shall in that case be sold for the purpose. All materials supplied to the
contractor shall remain the absolute property of T.M.C. and shall on no account be
removed from the site of the work and shall at all times be open to inspection by
the Engineer. Any such materials unused and in perfectly good in writing given
under his hand but the contractor shall not be entitled to return any such material
except with consent of the Engineer and he shall have no claim for compensation
on account of any such material supplied to him as aforesaid but remaining unused
by him or for any wastage in or damage to any such materials.

Works to be CLAUSE 13: The contractor shall execute the whole and every part of the work of
executed in
the most substantial and workman like manner and both as regards materials and in
accordance
with every other respect in strict accordance with specifications. The contractor shall
specifications,
also confirm exactly fully and faithfully to the designs, drawings and instructions in
drawings,
orders etc. writing relating to the work signed by the Engineer and lodged in this office to
which the contractor shall be entitled to have access for the purposes of inspection
such office or on the site of work during office hours. The contractor will be
entitled to receive three sets of contract drawings as well as one certified copy of
the accepted tender along with the work order free of cost. Further copies of the
contract drawings and other working drawings, if required by him, shall be
supplied at Rs.1000/- per set.

Alternative in CLAUSE 14 : The Engineer shall have power to make any alteration in or
specification
additions to the original specifications, drawings, designs and instructions that may
and designs
not to appear to him to be necessary or advisable during the progress of the work, and the
invalidate
contractor shall be bound to carry out the work in accordance with any instructions
contracts.

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in this connection which may be given to him in writing signed by the Engineer and
such alteration shall not invalidate the contract and any additional work which the
contractor may be directed to do in the manner above specified as part of the work
shall be carried out by the contractor on the same conditions in all respects on
which he agreed to do the main work, and at the same rates as are specified in the
tender for the main work. And if the additional and altered work includes any class
of work for which no rate is specified in this contract then such class of work shall
be carried out at the rates entered in the Schedule of Rates of the Division or at the
rates mutually agreed upon between the Engineer and the contractor, whichever are
lower, if the additional or altered work for which no rate is entered in Schedule of
Rates of Division, is ordered to be carried out before the rates are agreed upon then
the contractor shall, within seven days of the date of receipt by him of the order to
Rates for
works not carry out the work, inform the Engineer of the rate which it is his intention to
entered in
charge for such class of work, and if the Engineer does not agree to this rate he
estimate, for
schedule of shall by notice in writing be at liberty to cancel his order to carry out such class of
rates of the
work, and arrange to carry it out in such manner as he may consider advisable,
district.
provided always that if the contractor shall commence work or incur expenditure in
regard thereto before the rates shall have been mentioned as lastly herein before
mentioned, then in such case he shall only be entitled to be paid in respect of the
work carried out or expenditure incurred by him prior to the date of the
determination of the rate as aforesaid according to such rate of rates as shall be
fixed by the Engineer. In the event of a dispute, the decision of the Engineer of the
T.M.C. will be final.

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

Extensions of The time limit for the completion of the work shall be extended in the proportion
time in
that the increase in its cost occasioned by alterations of additions bears to the cost
consequence
of additions or of the original contract work, and the certificate of the Engineer as to which
alterations
proportion shall be conclusive.

No claim to CLAUSE 15 : (1) If at any time after the execution of the contract documents,
any payment
the Engineer shall for any reason whatsoever (other than default on the part of the
or
compensation contractor for which the T.M.C. is entitled to rescind the contract) desire that the

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for alteration whole or any part of the work specified in the tender should be suspended for any
in or
period or that the whole part of the work should not be carried out at all he shall
restriction of
work give to the contractor a notice in writing of such desire and upon the receipt of such
notice the contractor shall forthwith suspend or stop the work wholly or in part as
required, after having due regard to the appropriate stage at which the work should
be stopped or suspended so as not to cause any damage or injury to the work
already done or endanger the safety thereof provided that the Engineer as to the
stage at which the work or any part of it could be or could have been safely stopped
or suspended shall be final and conclusive against the contractor. The contractor
shall have no claim to any payment or compensation whatsoever by reasons of or in
pursuance of any notice as aforesaid, on account of any suspension, stoppage or
curtailment except to the extent specified hereinafter.

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

(3) Where the Engineer requires the contractor to suspend the work for a period in
excess of 30 days at any time or 60 days in the aggregate, the contractor shall be
entitled to apply to the Engineer within 30 days of the resumption of work such
suspension of payment of compensation to the extent of pecuniary loss suffered
by him in respect of working machinery rendered idle on the site or on account
of his having had to pay the salary or wages of labour engaged by him during
the said period of suspension, provided always that the contractor shall not be

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entitled to any claim in this respect.

No claim to It shall be open to the contractor, within 90 days from the service of (i) the notice
compensation
of stoppage of work or (ii) the notice of withdrawal from the contractual
on account of
loss due to obligations under the contract account of the continued suspension of work or (iii)
delay of
notice under Clause 14 (1) resulting in such curtailment to produce to the Engineer
materials by
T.M.C. satisfactory documentary evidence that he had purchased or agreed to purchase
materials for use in the contracted work, before receipt by him of the notice for
stoppage, suspension or curtailment and required the T.M.C. to take over on
payment, such materials at the rates determined by the Engineer. The T.M.C. shall
thereafter take over the material so offered, provided the quantities offered are not
in excess of the requirements of the un-executed work as specified in the accepted
tender and are of quality and specification approved by the Engineer.

CLAUSE 15-A : The contractor shall not be entitled to claim any compensation
from T.M.C. for the loss suffered by him on account of delay by T.M.C. in the
supply of materials, entered in Schedule-A where such delay is caused by -
i) Difficulties relating to the supply of railway wagons.
ii) Force Major
iii) Act of God
iv) Act of enemies of the State or any other reasonable cause beyond the control of
T.M.C..
In the case of such delay in the supply of materials T.M.C. shall grant such
extension of time for the completion of the works as shall appear to the Chief
Engineer to be reasonable in accordance with the circumstance of the case. The
decision of the Chief Engineer as to the extension of time shall be accepted as final
by the contractor.

CLAUSE 16 : Under no circumstance whatever shall the contractor be entitled to

any compensation from T.M.C. on any account unless the contractor shall have
submitted a claim in writing to the Engineer within one month of the cause of such
claim occurring.

CLAUSE 17 : If at any time before the security deposit is refunded to the

contractor it shall appear to the Engineer or his subordinate in charge of the work,
that any work has been executed with unsound, imperfect or unskillful

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workmanship of with materials of inferior quality, or that any material or articles

provided by him for the execution of the work are unsound, or of a quality inferior
to that contracted for, or are otherwise not in accordance with the contract it shall
be lawful for the Engineer to intimate this fact in writing to the contractor and then
notwithstanding the fact, the work, materials or articles complained of may have
been in advertently passed, certified and paid for the contractor shall be bound
forthwith to rectify or remove and reconstruct the work so specified in whole or in
part, as the case may require or if so required, shall remove the materials or articles
at his own charge and cost and in the event of his failing to do so within a period to
be specified by the Engineer in the written intimation aforesaid, the contractor shall
be liable to pay compensation at the rate of one percent on the amount of the
estimate for every day not exceeding 10 days, during which the failure so continue
and in the case of any such failure the Engineer may rectify or remove and re-
execute the work or remove and replace the materials or articles complained of as
the case may be at the risk and expense in all respects of the contractor. Should the
Engineer consider that any such inferior work or materials as described above may
be accepted or made use of it shall be within his discretion to accept the same at
such reduced rates as he may fix therefore.

Works to be CLAUSE 18 : All works under or in course of execution or executed in

open to
pursuance of the contract shall at all times be open to the inspection and
inspection
supervision of the Engineer and his subordinates, and the contractor shall at all
times during the usual working hours, and at all other times at which reasonable
notice of the intention of the Engineer or his subordinate to visit the works shall
have been given to the contractor, either himself be present to receive orders and
Contractor or
responsible instructions, or have a responsible agent duly accredited in writing present for that
agent to be
purpose. Orders given to the contractor’s duly authorized agent shall be considered
present
to have the same force and effect as if they had been given to the contractor
himself.

Notice to be CLAUSE 19 : The contractor shall give not less than seven days notice in
given before
writing to the Engineer or his subordinate in charge of the work before covering up
work is
covered up or otherwise placing beyond the reach of measurement any work in order that the
same is so covered up or placed beyond the reach of measurement any work
without the consent in writing of Engineer or his subordinate in charge of the work,

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and if any work shall be covered up or placed beyond the reach of measurement
without such notice having been given or consent obtained the same shall be
uncovered at the contractor’s expense, and in default thereof no payment or
allowance shall be made for such work or for the materials with which the same
was executed.
Contractor CLAUSE 20 : If during the period of twelve months from the date of
liable for
completion as certified by the Engineer pursuant to Clause 7 of the contract if in
damage done,
and the opinion of the Engineer, the said work is defective in any manner whatsoever,
imperfection
the contractor shall forthwith on receipt of notice in that behalf from the Engineer
duly commence execution and completely carry out at his cost in every respect all
the work that may be necessary for rectifying and setting right the defect specified
therein including dismantling and reconstruction of unsafe portions strictly in
accordance with and in the manner prescribed and under the supervision of the
Engineer in the event of the contractor failing or neglecting to commence execution
of the said rectification work within the period prescribed thereof in the said notice
and / or to complete the same as aforesaid as required by the said notice. The
Engineer get the same executed and carried out departmentally or by any other
agency at the risk on account and at the cost of the contractor. The contractor shall
forthwith on demand pay to the T.M.C. amount of such costs, charges and expenses
sustained or incurred by the T.M.C. of which the certificate of the Engineer shall be
final and binding on the contractor. Such costs, charges and expenses shall be
deemed to be arrears of land revenue and in the event of the contractor failing or
neglecting to pay the same on demand as aforesaid without prejudice to any other
rights and remedies of the T.M.C.; the same may be recovered from the contractor
as arrears of land revenue. The Government shall also be entitled to deduct the
same from any amount which may then be payable or which may thereafter
become payable by the T.M.C. to the contractor either in respect of the said work
or any other work whatsoever or from the amount of security deposit detained by
T.M.C..

Contractor to CLAUSE 21 : The contractor shall supply at his own cost all materials (except
supply plant
such special materials, if any, as may, in accordance with the contract, be supplied
ladders,
scaffolding from the T.M.C. stores), plant, tools, appliances, implements, ladders, cordage,
etc.
tackle scaffolding, temporary works requisite or proper for execution of the work,
whether the original, altered or substituted form, and whether included in
specifications, or other documents forming part of the contract or referred to in

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these conditions or not and which may be necessary for the purpose of satisfying or
And is liable
complying with the requirements of the Engineer as to pay matter as to which
for damages
arising from under these conditions he is entitled to be satisfied, or which he is entitled to
non-provisions
require together with carriage therefore and from the work. The contractor shall
of lights,
fencing etc. also supply without charge the requisite number of persons with the means and
materials necessary for the purpose of setting out works, and counting, weighing
and assisting in the measurement or examination at any time and from time to time
of the work or the materials. Failing this the same may be provided by the
Engineer at the expense of the contractor and the expenses may be deducted from
any money due to the contractor under the contract or from his security deposit or
the proceeds of sale thereof, or of a sufficient portion thereof. The contractor shall
provide all necessary fencing and lights required to protect the public from
accident, and shall also be bound to bear the expenses of defense of every suit,
action or other proceedings, 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 for compromising any claim
by any such person.

CLAUSE 21-A : The contractor shall provide suitable scaffold and working
platforms gangways and stairways and shall comply with the following regulations
in connection herewith -
a) Suitable scaffolds shall be provided for workmen for all works that cannot be
safely done from a ladder or by other means.
b) A scaffold shall not be constructed, taken down, or substantially altered except -
i) under the supervision of a competent and responsible person;
and
ii) as far as possible by competent worker possessing adequate
experience in this kind of work.
c) All scaffolds and appliances connected therein and all ladders shall -
i) be of sound material;
ii) be of adequate strength having regard to the leads and strains to
which they will be subjected, and
iii) be maintained in proper condition.
d) Scaffolds shall be so constructed that no part thereof can be displaced in

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consequence of normal use.

e) Scaffold shall not be over-loaded and so far as practicable the load shall be
evenly distributed.
f) Before installing lifting gear on scaffolds special precaution shall be taken to
ensure the strength and stability of the scaffolds.
g) Scaffolds shall be periodically inspected by a competent person.
h) Before allowing a scaffold to be used by his workman the contractor shall
check up whether the scaffold has been erected by his workmen or not, take
steps to ensure that it complies fully with the regulations herein specified.
i) Working platforms, gangways and stairways shall -
i) be so constructed that no part thereof can sag unduly or unequally;
ii) be so constructed and maintained, having regard to the prevailing
conditions as to reduce as far as practicable risks of persons tripping or
slipping; and
iii) be kept free from any unnecessary obstruction.
j) In the case of working platforms, gangways, working places and stairways at a
height exceeding 5.0 m.
i) every working platform and every gangway shall be closely boarded
unless other adequate measures are taken to ensure safety.

ii) every working platform and gangway shall have adequate width, and
iii) every working platform, gangway, working place and stairway shall be
suitably fenced.
k) Every opening in the floor of a building or in a working platform shall except
for the time and to the time and to the extent required to allow the excess of
persons or the transport or shifting of material; be provided with suitable means
to prevent the fall of persons or materials.
l) When persons are employed on a roof where there is a danger of falling from a
height exceeding suitable precaution shall be taken to prevent the fall of persons
or materials.
m) Suitable precautions shall be taken to prevent persons being struck by article
which might fall from scaffolds or other working places.
n) Safe means of access shall be provided to all working platforms and other
working places.
o) The contractor shall have to make payment to the labourers as per minimum
wages act.
CLAUSE 21-B : The contractor shall comply with the following regulation as

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regards the hoisting appliances to be used by him.

a) Hoisting machines and tackle, including their attachments, anchorage’s and
supports shall:
i)be of good mechanical construction, sound material and adequate strength and
free from patent defect; and
ii) be kept in good repair and in good working order.
b) Every rope used in hoisting or lowering materials or as a means of suspension
shall be of suitable quality and adequate strength and free from patent defect.
c) Hoisting machines and tackle shall be examined and adequately tested after
erection on the site and before use and be re-examined in position at intervals to
be prescribed by T.M.C.
d) Every chain, ring, hook, shackle, swivel and pulley block used in hoisting or
lowering materials or as a means of suspension shall be periodically examined.
e) Every crane driver or hoisting appliance operator shall be properly qualified.
f) No person who is below the age of 21 years shall be in control of any hoisting
machine, including any scaffold which or give signals to the operator.
g) In the case of every hoisting machine and of every chain, ring hook shackle,
swivel and pulley block used in hoisting or lowering or as a means of
suspension the safe working load shall be ascertained by adequate means.
h) Every hoisting machine and all gear referred to in the proceeding regulation
shall be plainly marked with the safe working load.
i) In the case of a hoisting machine having a variable safe working load each safe
working load and the conditions under which it is applicable shall be clearly
indicated.
j) No part of any hoisting machine or of any gear referred to in regulation 7 above
shall be loaded beyond the safe working load except for the purpose of testing.
k) Motors, gearing transmissions, electric wiring and other dangerous parts of
hoisting appliances shall be provided with efficient safeguards.
l) Hoisting appliances shall be provided with such means as will reduce to a
minimum the risk of the accidental descent of the load.
m) Adequate precautions shall be taken to reduce to a minimum risk of any part of
a suspended load becoming accidentally displaced.

CLAUSE 21-C : The contractor / contractors will have to make payments to the
labourers as per Minimum Wages Act, (1950).

CLAUSE 22: The contractor shall not set fire to any standing jungle, trees,
brushwood or grass without a written permit from the Engineer.

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Measures for When such permit is given and also in all cases when destroying out or dig up
prevention of
trees, brushwood, grass etc., by fire, the contractor shall take unnecessary measures
fire
to prevent such fire spreading to or otherwise damaging surrounding property.
The contractor shall make his own arrangements for drinking water for the labour
employed by him.

Liability of CLAUSE 23 : Compensation for all damages done intentionally or unintentionally

contractor for
by contractor’s labour whether in or beyond the limits of T.M.C. property including
any damage
done in or any damage caused by the spreading of the fire mentioned in clause 22 shall be
outside work
estimated by the Engineer or such other officer as he may appoint and the estimates
area
of the Engineer subject to the decision of the Chief Engineer on appeal shall be
final and the contractor shall be bound to pay the amount of the assessed
compensation on demands failing which the same will be recovered from the
contractors as damages in the manner prescribed in Clause 1 or deducted by the
Engineer from any sums that may be due or become due from T.M.C. to the
contractor under this contract or otherwise.
The contractor shall bear the expenses of defending any action or other legal
proceedings that may be binding by any person for injury sustained by him owing
to neglect of precautions to prevent the spread of fire and he shall pay any damages
and cost that may be awarded by the court in consequence.

Employment CLAUSE 24 : The employment of female laborers on works in the neighborhood

of female of soldiers’ barracks should be avoided as far as possible.
labour
CLAUSE 25 : No work shall be done on a Sunday without the sanction in writing
of the Engineer.

Work not to be CLAUSE 26 : The contractor shall not assign or sublet without the written
sublet unless it
approval of the Engineer. And if the contractor shall assign or sublet his contract
is permitted
contract may or attempt so to do or become insolvent or commence any proceedings to get
be rescinded
himself adjudicated an insolvent or make any composition with his creditors, or
and security
deposit attempt to do or if bribed, grateful, gift, loan perquisite, reward or advantage,
forfeited for
pecuniary or otherwise shall either directly or indirectly be given, promised or
subletting it
without offered by the contractor or any of his servants or agents to any public officer or
approval or for
person in the employment of T.M.C. in any way relating to his officer or
bringing a
public officer employment or if any such officer or person shall become in any way directly or
if contractors
indirectly interested in the contract, the Engineer may there upon by notice in
become
insolvent writing rescind the contract, and the security deposit of the contractor shall
thereupon stand forfeited and be absolutely at the disposal of T.M.C. and the same

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consequences shall ensure as if the contract had been rescinded under Clause 3
hereof and in addition the contractor shall not be entitled to recover or be paid for
any work therefore actually performed under the contract.

Sum payable CLAUSE 27 : All sums payable by a contractor by way of compensation under
by way of
any of these conditions shall be considered as reasonable compensation to be
compensation
to be applied to the use of T.M.C. without reference to the actual loss or damage
considered as
sustained, and whether any damage has or has not be sustained.
reasonable
compensation
without
reference to
actual loss

Changes in the CLAUSE 28 : In the case of tender by partners any change in the constitution of a
constitution of
firm shall be forthwith notified by the contractor to the Engineer for his
firm to be
notified information.

Work to be CLAUSE 29 : All works to be executed under the contract shall be executed under
under direction
the direction and subject to the approval in all respects of the Engineer of the
of the
Engineer T.M.C. for the time being, who shall be entitled to direct at what point or points
and in what manner they are to be commenced, and from time to time carried on.

CLAUSE 30 (1) : Except where otherwise specified in the contract and subject
to the powers delegated to him by T.M.C. then in force the decision of the Engineer
for the time being shall be final, conclusive and binding on all parties to the
contract upon all questions relating to the meaning of the specifications, designs,
drawings, and instructions, hereinbefore mentioned and as to the quality of
workmanship or materials used on the work or as to any other question, claim,
right, matter or things, whatsoever if any, way arising out of or relating to the
contracts designs drawings, specifications, estimates, instructions, orders or other
conditions or otherwise concerning the works or the execution of failure to execute
the same, whether arising, during the progress of the work or after completion of
abandonment thereof.

CLAUSE 30 (2) : The contractor, may within thirty days of receipt by him of
any order passed by the Engineer as aforesaid, appeal against it to the City
Engineer, T.M.C. provided that –

a) The accepted value of the contract exceeds Rs.50 lakhs (Rupees Fifty Lakhs)

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b) Amount of claim is not less than Rs.10.00 lakhs (Rupees Ten lakhs)

CLAUSE 30 (3) : If the contractor is not satisfied with the order passed by the
Additional Metropolitan Commissioner, T.M.C. as aforesaid, the contractor may,
within thirty days of receipt by him of any such order, appeal against it to the
Metropolitan Commissioner who, if convinced that prima-facie the contractor’s
claim rejected by Engineer / Chief Engineer/ Additional Metropolitan
Commissioner, T.M.C. is not frivolous and that there is some substance in the
claim of the contractor as would merit a detailed examination through a suitable
committee appointed for the purpose by the Metropolitan Commissioner if
necessary and in that case decision taken by the committee shall be finalized by the
competent authority and same shall be binding to the contractor.

Stores of CLAUSE 31 : The contractor shall obtain from the T.M.C. all stores and articles
European or
of European or American manufacture which may be required for the work or any
American
manufacturer part thereof or in making up any articles required therefore or in connection
to be obtained
therewith unless he has obtained permission in writing from the Engineer to obtain
from T.M.C.
such stores and articles elsewhere.

The value of such stores and articles as may be supplied to the contractor by the
Engineer will be debited to the contractor in his account at the rates shown in the
Schedule in Form – A attached to the contract and if they are not entered in the said
schedule, they shall be debited to him at cost price which for the purposes of this
contract shall include the cost of carriage and all other expenses whatsoever, which
shall have been incurred in obtaining delivery of the same at the stores aforesaid.

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

Action where CLAUSE 33 : In the case of any class of work for which there is no such

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no specification as mentioned in Rule 1, such work shall be carried out in accordance

specification
with the T.M.C. specifications and in the event of there being no T.M.C.’s
specification, then in such case the work shall be carried out in all respects in
accordance with the instructions and requirements of the Engineer.

Definition of CLAUSE 34 : The expression “work” where used in these conditions, shall
work
unless there be something in the subject or context repugnant to such construction,
be constructed to mean the work or works contracted to be executed under on in
virtue of the contract, whether temporary or permanent and whether original,
altered, substituted or additional.

Contractor’s CLAUSE 35 : The percentage referred to in the tender shall be deducted from or
percentage
added to the gross amount of the bill before deducting the value of any stock issue.
whether
applied to net
or gross
amounts of
bills

Refund or CLAUSE 36 : All quarry fees, royalties and ground rent for stacking materials,
quarry fees
if any should be paid by the contractor. The contractor shall submit the challans for
and royalties
royalty to TMC. If the challans for the royalty are not submitted, the Thane
Municipal Corporation shall deduct the royalty charges from the Bills of
contractor.

Compensation CLAUSE 37 : The contractor shall be responsible for and shall pay any
under the
compensation to his workman payable under the workmen’s compensation Act,
workmen’s
compensation 1923 (VIII) of 1923 (hereinafter called the said Act) for injuries caused to the
Act
workmen. If such compensation is payable, paid by T.M.C. as principal under sub-
section (1) of Section 12 of the said Act on behalf of the Contractor, it shall be
recoverable by T.M.C. from the contractor under Sub-section (2) of the said
section. Such compensation shall be recovered in the manner laid down in Clause
1 above.

CLAUSE 37-A : The contractor shall provide all necessary personal safety
equipment and first aid apparatus available for the use of the persons employed on
the site, shall maintain the same condition suitable for immediate use at any time
and shall comply with the following regulations in connection therewith.
a) The workers shall be required to use the equipment so provided by the
contractor and the contractor shall take adequate steps to ensure proper use of

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the equipment by those concerned.

b) When work is carried on in proximity to any place where there is a risk of
drawing all necessary equipment shall be provided and kept ready for use and
all necessary steps shall be taken for the prompt rescue of any person in danger.
c) Adequate provision shall be made for prompt first-aid treatment of all injuries
likely to be sustained during the course of the work.

Claim for CLAUSE 38 : (1) Quantities in respect of the several items shown in the tender
quantities
are approximate and in respect of any of the items so long as, subject to any special
entered in the
tender or provision contained in the specifications prescribing a different percentage of
estimates
permissible variation, the quantity varies by more than 40 percent or so long as the
value of the excess quantity, at the rate of item specified in the tender, is not more
than 1% of tendered cost, whichever is more, no variation in rate shall be
entertained.
(2) The contractor shall, if ordered in writing by the Engineer so to do, also carry
out any quantities in excess of the limit mentioned in sub-clause (1) hereof on
the same conditions as and in accordance with the specifications in the tender
and the rates (i) derived from the rates entered in the current schedule of rates
and in the absence of such rates, (ii) at the rate prevailing in the market, the said
rates being increased or decreased as the case may be by the percentage which
the total tendered amount bear to the estimated cost of the work as put to tender
based upon the Schedule of Rates applicable to the year in which the tenders
were invited.
(3) Claims arising out of reduction in the tendered quantity of any item beyond 40
percent will be governed by the provisions of Clause 15 only when the amount
of such reduction beyond 25 percent at the rate of the item specified in the
tender is more than 1% of initial contract price.
In view of the rationalization of the provisions of Clause 37 of B-2 and 38 of B-
1 tender from as above, it is necessary to prescribe the manner in which the
claims arising out of reduction in the tendered quantity of any item under
Clause 15 of the tender form should be dealt with. It is decided that Clause 15
should be modified as under :
There is no change in the rate if the excess is less than or equal to 25%. Also,
there is no change in the rate if the quantity of work done is more than 25% of
the tendered quantity, but value of excess work at the tendered rate does not
exceed 1% of the initial contract price.

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Employment CLAUSE 39: The contractor shall employ any famine, convict or other labour of a
of famine etc.
particular kind of class if ordered in writing to do so by Engineer.
labour

Claim for CLAUSE 40 : No compensation shall be allowed for any delay caused in the
compensation
starting of the work on account of acquisition of land or in the case of clearance
for delay in the
starting the works, on account of any delay in according sanction to estimates.
work

Claim for CLAUSE 41 : No compensation shall be allowed for any delay in the execution
compensation
of the work on account of water standing in borrow pits or compartments. The
for delay in the
execution of rates are inclusive of hard or cracked soil, excavation in mud, sub-soil water or
work
water standing in borrows and no claim for an extra rate shall be entertained, unless
otherwise expressly specified.

Entering upon CLAUSE 42 : The contractor shall not enter upon or commence any portion of
or
work except with the written authority and instructions of the Engineer or of his
commencing
any portion of sub-ordinate in charge of the work, failing which the contractor shall have no claim
work
to ask for measurements or payment for work.

Minimum age CLAUSE 43 : (i) No Contractor shall employ any person who is under the age of
of persons
14 years.
employed; the
employment of (ii) No contractor shall employ donkeys or other animals with breaching of string
donkeys
or thin rope. The breaching must be at least three inches wide and should be of
and or other
animals and tape (Nawar).
the payment
(iii)No animal suffering from sores, lameness or emaciation or which is immature
of fair wages
shall be employed on the work.
(iv)The Engineer or his Agent is authorized to remove from the work any person or
animal found working which does not satisfy these conditions and no
responsibility shall be accepted by T.M.C. for any delay caused in the
completion of the work due to such removal.
(v) The contractor shall pay fair and reasonable wages to the workmen employed
by him in the contract undertaken by him.

In the event of any dispute arising between the contractor and his dispute
arising between the contractor and his workmen on the grounds that the wages
paid are not fair and reasonable the dispute shall be referred to workmen on the
grounds that the wages paid are not fair and reasonable the dispute shall be
referred without delay to the Engineer, who shall decide the same. The

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decisions of the Engineer shall be conclusive and binding on the contractor, but
such decision shall not in any way effect the conditions in the contract
regarding the payment to be made by T.M.C. at the sanctioned rates.
(vi) Contractor shall provide drinking water facilities to the workers. Similar
amenities shall be provided to the workers engaged on large work in urban
areas.

Method of CLAUSE 44 :Payment to contractor shall be made through Electronic Clearing

payment
Service (ECS) provided the amount exceeds Rs. 10/-. Amount not exceeding
Rs. 10/- will be paid in cash.
Acceptance of CLAUSE 45: Any contractor who does not accept these conditions shall
condition
before not be allowed to tender for work.
tendering for
works
Employment CLAUSE 46: If Government declares a state of scarcity of famine to exist in any
of Scarcity of village situated with 10 miles of the work, the contractor shall employ upon such
Labour parts of the work, as are suitable for unskilled labour, any person certified to him
by the Engineer or be any person to whom the Engineer may have delegated this
duty in writing to be in need of relief and shall be bound to pay to such persons,
wages not below the minimum which Government may have fixed in this behalf.
Any disputes which may arise in connection with the implementation of this clause
shall be decided by the Engineer whose decision shall be final and binding on the
contractor.

CLAUSE 47: The price quoted by the contractors shall not in any case exceed the
control price, if any, fixed by Government or reasonable price which it is
permissible for him to change a private purchaser for the same class and
description, the controlled price of the price permissible under Hoarding and
Profiteering Ordinance 1943 as amended from time to time. If the price quoted
exceeds the controlled price or the price permissible under Hoarding and
Profiteering Prevention Ordinance, the contractor will specifically mention this fact
in this tender along with the reasons for quoting such higher prices. The purchaser
at his discretion will in such ease exercise the right of revising the price at any
stage so as to conform to the controlled price on the permissible under the
Hoarding and Profiteering Prevention Ordinance. The discretion will be exercised
without prejudice to any other action that may be taken against the contractor.

CLAUSE 48 : The contractor shall employ at least 80 percent of the total number
of unskilled labour to be employed by him on the said work from out of the persons
ordinarily residing to the district in which site of the said work is located.
“Provided, however, that if the required number of unskilled labour from that
district is not available, the contractor shall in the first instance employ such
number of persons as is available and thereafter may with the previous permission
in writing of the Engineer of the said work, obtain the rest of his requirement of
unskilled labour from outside the district”.

CLAUSE 49 : In case of materials that may remain surplus with the contractor’s
from those issued for the work contracted for the date as containment of the

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materials being surplus will be taken as the date of sale for the purpose of sales tax
and the sales tax will be recovered on such sale.

CLAUSE 50 : The contractor should engage the requisite number of Apprentices

in respect of building crafts renders had provided in the Apprenticeship Act, 1961
through the State Apprenticeship Advisor Department of Technical Education,
Dhobi Talao, Mumbai.

CLAUSE 51 : “All amounts, whatsoever, which the contractor is liable to pay to

the T.M.C. in connection with the execution of the work including the amount
payable in respect of (i) materials and or stones supplied/issued hereunder by the
T.M.C. to the contractor (ii) hire charges in respect of heavy plant, machinery and
equipment given or hired by the T.M.C. to the contractor shall be deemed to be
arrears of land revenue and the T.M.C. may without prejudice to any other rights
and remedies of the T.M.C., recover the same from the contractor as arrears of land
revenue”.

CLAUSE 52: “A contractor shall comply with the provision of the Apprentice
Act, 1961 and the rules and orders issued there-under from time to time if he fails
to do so, his failures will be breach of the contract and the Engineer may in his
direction cancel the contract. The contractor shall also be liable for any pecuniary
liability arising on account of any violation by him of the provision of the Act”.
CLAUSE 53: The contractor shall duly comply with all the provisions of the
Central Government (Regulation and Abolition Act, 1970 (37 of 1970) and the
Maharshtra Contract Labour (Regulation and Abolition) Rules, 1971 as amended
from time to time and all other relevant statutes and statutory provisions
concerning payment of wages particularly to workmen employed by the contractor
and working on the site of the work. In particular the contractor shall pay wages to
each worker employed by him on the site of the work at the rates prescribed under
the Maharshtra Contract Labour (Regulation and Abolition) Rules, 1971. If the
contractor fails or neglects to pay wages at the sates or makes short payment and
the T.M.C. makes such payment of wages in full or part thereof less paid by the
contractor as the case may be, the amount so paid by the T.M.C. to such workers
shall be deemed to arrears of land revenue and the T.M.C. shall be entitled to
recover the same as such from the contractor or deduct the same from the amount
payable by the T.M.C. to the contractor hereunder or from any other amounts
payable to him by the T.M.C..

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CHAPTER VII

SCHEDULE 'A'

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CHAPTER- VII

SCHEDULE ‘A’
Daily operating of valves
Schedule showing (approximately) the materials to be supplied from the

T.M.C.’s Stores for works contracted to be executed and the rates at which

they are to be charged for.

Particulars Rate at which the materials will be Place of delivery

charged to the contractor
Unit Rs. Ps.

NIL

Note : 1) The person or firm submitting the tender should see that the
rates in the above schedule are filled up by the Engineer on the
issue of the form prior to the submission of the tender.

2) Loading, transportation to work site from the place of

delivery, unloading etc., will be contractor’s responsibility for which
no extra payment shall be made.

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CHAPTER VIII

SCHEDULE 'B'

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CHAPTERVIII

SCHEDULE "B"
Name Of Work :- “Providing labour for Regulating water supply from Gaodevi,
Eternity, Tekadi Bunglow ESR in Naupada Prabhag Samiti Area (2023 – 2024)”.

ABSTRACT
It. Description of Item Quantity Rate Unit Amount
No

Providing and applying Valveman for

1 valve operation in Shift wise of Gaodevi, 144.00 31187.00 Months 4490928.00

Eternity and Tekadi Bungalo ESR.

TOTAL Rs. 44,90,928.00

(In words Rs. Forty four lacs ninety thousand nine hundred twenty eight only).

I / We ready to carry out the above said work % above / below the estimated cost

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CHAPTER IX

ITEMWISE
SPECIFICATIONS

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CHAPTER IX

ITEMWISE SPECIFICATIONS

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CHAPTER X

FORMS

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Form – 1
(On stamp paper as Per Stamp Duty Act)

FORM OF AGREEMENT

THIS AGREEMENT is made on the ______________ day of 2016 between

Thane Municipal Coporation, Thane hereinafter called "the Employer" of the One Part and
_____________________________ (Name of Tenderer _______________________
___________________________ (Mailing address of Contractor) "the Contractor" of the
other part.

WHEREAS the Employer is desirous that certain works should be executed viz.,
(Name of the contract………………………………..) and has accepted a Tender by the
Contractor for the execution, completion and guarantee of such works NOW THIS
AGREEMENT WITNESSETH as follows :
The cost of this work is Rs ……………………( In word Rs...............................................)

1. In this Agreement words and expression shall have the same meaning as are
respectively assigned to them in the Conditions of Contract hereinafter referred
to.

2. The following documents shall be deemed to form and be read and construed as
part of this Agreement, viz.,
a) All tender Documents as issued by the Employer for this work.
b) All amendments to the tender documents as issued by the Employer prior to
submission of the bids.
c) Acceptance letter issuied by the Employer vide No. _________ and all
correspondence exchanged between the Employer and the Contractor upto
the date of issue of acceptance letter as specifically referred to in the said
acceptance letter.

3. In consideration of the payment to be made by the Employer to the Contractor as

hereinafter mentioned, the Contractor hereby covenants with the Employer to
execute and complete the works in conformity in all respects with the provisions
of the contract.

4. The Employer hereby covenants to pay the Contractor in consideration of the

execution, completion, of the Works the contract price at the times and in the
manner prescribed by the Contract.

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IN WITNESS WHEREOF the parties hereto have caused their respective

Common Seals to be hereunto affixed (or have hereunto set their respective hands and seals)
the day and year first above written.

SIGNED, SEALED AND DELIVERED

By the said By the said
________________________________ ________________________________
Name ___________________________ Name___________________________
on behalf of the Contractor on behalf of the Employer
in the presence of : in the presence of :
________________________________ ________________________________
Name ___________________________ Name___________________________
Address _________________________ Address _________________________
________________________________ ________________________________

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FORM 2: Bank Guarantee for Performance Security

(On stamp paper as Per Stamp Duty Act)

Sample Form of
Bank Guarantee for Performance Security

In consideration of the Thane Municipal Corporation (hereinafter called “the Employer”) having agreed
to exempt …………………... (hereinafter called " the Contractor ") from depositing with the Thane
Municipal Corporation in cash the sum of Rs…………… (Rupees… …………………………only ) being
the amount of Performance Security payable by the Contractor to the Thane Municipal Corporation
under the terms and conditions of the Agreement dated the ……………….. Day of ………………..
2006 and made between the Thane Municipal Corporation 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 Thane Municipal Corporation 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 Thane Municipal Corporation:

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 Thane Municipal Corporation of all sums
of money, losses, damages, costs, charges, penalties and expenses payable to the Thane
Municipal Corporation by the Contractor under or in respect of the said Agreement.

2. Undertake to pay to the Thane Municipal Corporation 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 Thane Municipal Corporation from us our liability hereunder being absolute and unequivocal
and agree that -

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
Thane Municipal Corporation under or by virtue of the said Agreement have been duly paid
and its claims satisfied or discharged and till the Thane Municipal Corporation 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 Thane Municipal Corporation 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

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(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 Government.
4) Notwithstanding anything contained herein before our liability under this guarantee is restricted to
Rs______________(Rupees_________) .Our guarantee shall remain in force upto

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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FORM 3: Bank Guarantee for Security Deposit

(On stamp paper as Per Stamp Duty Act)
Sample Form of
Bank Guarantee for Security Deposit

In consideration of the Thane Municipal Corporation Thane (herein after called “TMC
Thane”) having agreed to exempt ___________________________ (herein after referred to
as “the Contractor”) from depositing with the TMC Thane in cash of the sum of
Rs.________________ (Rupees _______________________________ only) being the
amount of security deposit payable by the Contractor or to the TMC Thane under the terms
and conditions of an agreement dated the __________ day _______________ of and made
between the TMC Thane of the one part and the Contractor of the other part (here in refferred
to as "the said Agreement") for ________________ as security for the due observance and
performance by the Contractor of the terms and conditions of the said Agreement, on the
contract furnishing to the TMC Thane a guarantee in to the prescribed form of a Scheduled
Bank in India being in fact those present in the like sum of Rs._____________________
(Ruppes ______________________________________ only). We
_____________________________________________ BANK/LIMITED registered in India
under ____________________________ Act and having one of our local Head Office at
_____________________ ___________________ do hereby :
1) Guarantee to the TMC Thane.
(a) Due performance and observance by the Contractor of the terms, covenants
and conditions on the part of the Contractor contained in the said Agreement
and
(b) Due and punctual payment by the Contractor to the TMC Thane of all sums of
money, losses, damages, cost charges, penalties and expenses payable to the
TMC Thane by the Contractor under or in respect to the said agreement.
2) Undertake to pay the TMC Thane on demand and without demand and not
withstanding any dispute or disputes raised by the Contractor(s) in any suit or
proceeding filed in any Court of tribunal relating there to the said sum of
Rs.__________________ (Rupees _______________________________ only) or
such less sum may be demanded by the TMC Thane from us our liability hereunder
being absolute and unequivocal and agree that.

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3) (a) The guarantee herein contained shall remain in full force & effect during the
subsistence of the said agreement and the same will continue to be enforceable till all
the dues of the TMC Thane under or by virtue of the said agreement have been duly
paid and its claims satisfied or discharged and till the TMC Thane certifies that the
terms and conditions of the said agrement have been fully and 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 of the Contractor, or
(ii) Any arrangement entered in between the TMC Thane and the
Contractor with or without our consent;
(iii) Any forbearance or indulgence shown to the Contractor;
(iv) Any variation in terms of covenants or conditions contained in
the said agreement;
(v) Any time given to the Contractor;
(vi) Any other conditions or circumstances under which, in law, a surety
would be discharged;
(c) Our liability here under 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) and
(d) We shall not revoke this guarantee during its currency except with the
previous consent in wr iting of the TMC Thane. IN WITNESS WHERE OF
THE common seal of __________________ has been herein to affixed this
____________ day of ____________________ 201_______ . The common
seal of was pursuant to the resolution of the Board of Directors of the
Company dated the _______________ day of
____________________________________ herein affixed in the presence of
_________________________________ who, in token there of, have here to
set their respective hands in the presence of
(1) (2)

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No demand certificate
FORM 4:
To be submitted at the time of submission of final bill

(On Contractor's Letterhead)

Sample Form of
No Demand Certificate

To, Date : _____________

City Engineer,
Thane Municipal Corporation, Thane.
Adv. Almeida Road, Panchpakhadi,
Thane.

Subject :- ..... Name of work ............................

NO DEMAND CERTIFICATE

This is to certify as under

We hereby confirm and assure in writing that we have no claim/demand of any

amount from Thane Municipal Corporation in respect of the above said work which was
awarded on us vide work order No. ____________ dated _________________.

We indemnify Thane Municipal Corporation against any claim/demand. Any

matter arise in future in respect of this contract from either our supplier, sub contractors or
labours who have contributed their services directly/indirectly for this contract.

Authorised Signatory
(__________Name__________)
For __________Name of the Agency________

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FORM 5: No
Claim Certificate for Labour
To be submitted at the time of submission of final bill

(On Contractor's Letterhead)

Sample Form of
No Claim Certificate for Labour

To,
City Engineer,
Thane Municipal Corporation, Thane.
Adv. Almeida Road, Panchpakhadi,
Thane.

Subject :- ..... Name of work ............................

NO CLAIM CERTIFICATE FOR LABOUR

This is to certify as under

We hereby confirm that we have paid all the wages to all the labours employed
under this contract as per minimum Wages declared by the Govt. of Maharashtra.

In case in future any claim arised inadvertantly shall be dealt by us as we

understood that this is our sole responsibility.

We indemnify Thane Municipal Corporation against any claim arised in future in

respect of this contract from any labour deployed by us on the works under this contract.

Authorised Signatory
(__________Name__________)
For __________Name of the Agency________

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CHAPTER XI

DRAWINGS

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Signature of contractor No. of corrections Executive Engineer, TMC