DTP Mmrda Sumannagar

MUMBAI METROPOLITAN REGION DEVELOPMENT
AUTHORITY
E-TENDER FOR
Providing and Fixing Noise Barrier on

Suman Nagar flyover, Chembur & Navghar
flyover, Mulund (2nd call).
BID DOCUMENT
ENGINEERING DIVISION M.M.R.D.A MMRDA Building, 5th floor, A-Wing Bandra-Kurla

Complex, Bandra (East)
Mumbai- 400 051.
Contractor Executive Engineer 1

E-TENDER NOTICE
MMRDA E-Tendering portal :

http://etendermmrda.maharashtra.gov.in
Digitally signed and unconditional online tenders in B-1 form (Percentage rate basis) are invited
by the Chief Engineer, Engineering Division, 5t Floor, Mumbai Metropolitan Region Development
Authority Bandra (East), Mumbai-400 051 for the following work from the experienced
contractors who are registered in appropriate category with the Government of Maharashtra and
those who are expert in designing, manufacturing and installing noise barrier work.
The e-Tender will be available on the above mentioned portal from 16/01/2017 to 03/03/2017.
Earnest Security Period

Estimated cost Money Deposit
Sr. Name of Work (In Rs.) (In Rs.) (In Rs.)
1 2 3 4 5
Providing and Fixing Noise

Barrier on Suman Nagar 06 months
1 flyover, Chembur & Navghar 5,95,42,983/- 5,95,430/- 23,81,719/- excluding
flyover, Mulund (2nd call). monsoon
Tenderers have to upload tender document in Commercial Envelope C that they downloaded
from the http://etendermmrda.maharashtra.gov.in.
Bidders who are participating in e-tendering for the first time shall have to obtain digital ID &
password from the abovementioned portal.
All information regarding e-tendering is available on above portal.
For any additional information & help for uploading & downloading the e-tender, please contact
MMRDA's e-tendering service desk at the following id:
[email protected]. Phone No.:02226597445.
Date: 05/01/2017 Sd/-

Place: Mumbai (Dr. D.T.Thube)
Chief Engineer
Executive Eng 2
CONTENTS
Name of Work Providing and Fixing Noise Barrier on Suman Nagar flyover, Chembur &
Navghar flyover, Mulund (2nd call). Page No.
Chapter Description
From To
Detailed e-Tender Notice and guidelines for submission

I 4 15
of tender
II Bank Guarantee Bond 16 18
III Details to be submitted by Tenderer 19 22
IV General Conditions 23 30
V Additional General Conditions and Specifications 31 41
VI Special Conditions of Contracts 42 44
VII Contract Agreement 45 48
VIII Declaration by Contractor 49 50
a) Percentage rate tender form (B-1) 51 58
b) Conditions of Contract form (B-1)
IX c) Price variation clause
d) Schedule 'A' 87 88
X Schedule 'B' 89 90
XI Technical Specifications 91 95
XII Drawings & Location Plan (Separately attached) 96 96

Chapter — I
Detailed e-Tender Notice and guidelines for submission of tender
Executive Eng 4
CHAPTER-I
DETAILED TENDER NOTICE AND GUIDELINES FOR SUBMISSION OF TENDER
DETAILED E-TENDER NOTICE

E-Tendering portal: http://etendermmrda.maharashtra.gov.in
Digitally signed and unconditional online tender in form "B-1" (Percentage Rate) are
invited by the Chief Engineer, Mumbai Metropolitan Region Development Authority
Bandra (East), Mumbai-400 051 for the following work from experienced contractors
and fulfilling conditions as under.
Details of Tender:
Sr. Estimated cost Earnest Money

Name of Work Contract Period
No. (In Rs.) (In Rs.)
1 2 3 4 5
Providing and Fixing Noise 5,95,42,983/- 5,95,430/- 06 months
Barrier on Suman Nagar excluding monsoon
flyover, Chembur & Navghar
Flyover, Mulund (2nd call).
The tender documents can be downloaded from the above mentioned portal.
All information including eligibility criterion etc, is available on the above portal.
ELIGIBILITY:
1. The tenderer who are specialized agencies in manufacturing and installing of noise
barrier works and carried out similar type of works with Government of India /
Maharashtra and it undertaking.
2. The tenderer must possess valid GST certificate.

3. Contractor should upload scanned copy of solvency certificates to the extent of 20% of
the estimated cost at the time of bid submission and PAN card etc.
4. Tenderer must have experience in having executed noise absorbent barriers in India
in road transportation sector.
5. Tenderer should have executed at least one similar work amounting to 80% or 2
works amounting to 50% or 3 works of amounting to 40% of estimated cost put to
tender in their name in the last Seven financial years. Certificate of satisfactory
completion must be uploaded online for issue of tender.( 2009-10, 2010-11, 2011-12,
2012-13, 2013-14, 2014-15, 2015-16)
6. Tenderer should have achieved a minimum annual turnover not less than 30% of
amount put to tender in any one year of the last three financial years.
7. Joint ventures shall not be allowed.

8. Bid capacity of the bidder should be 5.00 Cr. as on date.
Special Conditions:
1. The Tenderer must provide a pre-barrier installation report and a post barrier
installation report of at least one work executed by him in India demonstrating the IL
(Insertion Loss).
2. The tenderers must provide undertaking that the panels manufactured by him are in
conformance to the European standards EN 1793 & 1794.
3. Sound absorbing panels and sound proofing panels proposed by the supplier must
satisfy the requirements of the European standards EN 1793 & 1794. Panel
performance test reports must be submitted along with tender.
Note:
a) The weightage for updating of costs will be done @ 10% p.a. to arrive at 2015-
16 prices. While updating costs in this manner, the total cost of completion only
will be updated based on the year in which the work is completed.
b) Bids from Joint Ventures are not allowed.
1. The bids will be received online on above mentioned MMRDA official E-Tendering portal
and will be opened by the Chief Engineer on scheduled date and time.
2. Pre-bid meeting will be held on 21/4/2017 at 15:00 hrs in the office of the undersigned.
3. Online E-Tender Schedule
Sr. Tender Schedule Bidder Schedule Start Date & Time End Date &
No. Time
1. Tender Authorization --------- 5/4/2017 -----
and Publishing 1000 hrs
2. --------- Tender Document 6/4/2017, 24/4/2017,
Download 1000 hrs 1800 hrs
3. --------- Bid Preparation and 6/4/2017, 26/4/2017,
Submission 1001 hrs 1800 hrs
4. Tender Closing --------- 27/4/2017, 27/4/2017,
1000 hrs 1800 hrs
5. --------- Online Control 27/4/2017, 2/5/2017,
Transfer of Bid 1801 hrs 1800 hrs
6. Opening Envelope A- --------- 3/5/2017, 4/5/2017,
Tender Fees, EMD 1000 hrs 1800 hrs
7. Opening Envelope B --------- 3/5/2017, 4/5/2017,
- Technical Bid 1000 hrs 1800 hrs
8. Opening Envelope C --------- 3/5/2017, 4/5/2017,
- Financial Bid 1000 hrs 1800 hrs
4. Bidders should have Digital Signature Certificate (DSC) obtained from any Certifying
Authorities. In case of requirement of DSC, bidders should log on to
http://maharashtra.etenders.in/mah/DigitalCerti.asp and follow the procedure mentioned
in the document Procedure for application of Digital Certificate.
Executive Eng 6
5. Bidders who are participating in e-tendering for the first time shall have to obtain User ID
& password from the above mentioned portal.
6. Bid Document and Supporting can be downloaded for reference purpose from the e-
Tendering Portal of MMRDA during the period mentioned in the tender notice. Interested
Bidders have to make payment of Rs.25,000/- (Rupees Twenty Five Thousand only)
inclusive of MVAT (non-refundable) as Tender Fees by mode of Electronic transfer.
7. The competent authority reserves the right to reject any or all of the tender offers, without
assigning any reasons thereof.
8. The bids shall be received online on above mentioned MMRDA official E-Tendering
portal.
9. Validity period of the offer of the tenderer will be 180 days from the date of opening of
the financial bid of the e-tender.
10. The lowest bidder will have to submit the rate analysis of all major items, if called for.
11. Bidders should upload scanned attested photocopies of all documents on above
mentioned MMRDA official E-Tendering portal & produce in original on request by
MMRDA at any stage.
12. A statement showing names of partners, Directors, etc. of the firm with complete
address of each should be uploaded to above mentioned MMRDA official E-Tendering
portal and authorized person on the behalf of firm who will sign e-tender using digital
signature certificate.
13. The acceptance of bid will be intimated by email or otherwise by the authority competent
to accept the tender or by the higher Authority of MMRDA, to the contractor, which shall
be deemed to be an intimation of the tender given by the Authority Competent to accept
the tender.
14. Successful bidder shall have to submit signed copy of tender manually to the
department.
15. MMRDA reserves the right to verify financial transaction of contractor in his Bank /
Financial Institutions. Contractor should give authority to that effect along with his
accounts number and Bank/ Financial institution name & address. Any changes /
modification may be communicated to MMRDA immediately.
16. If there is any amendment or change in the tender the same shall be notified on
following MMRDA’s official e-Tender portals / website :
MMRDA Portal: http://etendermmrda.maharashtra.gov.in

MMRDA Website: http://www.mmrda.maharashtra.gov.in

17. The bidder should visit the site prior to submission of tender and ascertain the local
site condition, working restrictions, obstructions, conditions in tender document regarding
necessary approvals, NOC required for the work from the local Authorities and shall quote the
offer inclusive of all such expenses likely to be incurred while execution of the work. No claim
or compensation for any extra payments incurred by the bidders towards the approvals/
NOC’s/ permissions will be entertained by MMRDA, which shall be noted.
In case of any queries, Bidders may contact MMRDA’s e-tendering service desk at
[email protected] on any working day (Phone No. 022- 2659
7445).
Date: - 05/04/2017 Sd/-

Place: Mumbai Chief Engineer
MMRDA
Executive Eng 8
Guidelines for submission of E-Tender
1. GENERAL GUIDEINES
1.1 Location of the work:

The work is to be carried out at Suman Nagar flyover, Chembur & Navghar flyover,
Mulund. Mumbai.
Scope of work in brief:

Providing and fixing noise barrier to the Suman Nagar flyover, Chembur & Navghar
flyover, Mulund with Bi & Mono absorbent sound proofing noise barrier panels.
Preliminary works
A) General
Clearing the site before start of work and cleaning after completion of work.
B) Survey
True and proper setting out and layout of the work.
C) Traffic Diversion
Providing traffic safety devices and preparations of traffic management plans, all
arrangements of traffic diversion, safety control etc. during execution of work and
maintenance of traffic safety devices, including approval from the concerned
authorities.
D) The following allied activities are also included in the scope of the work. No separate
payment shall be made for these activities.
a) A detailed program for the said work should be work out in consultation with
Executive Engineer.
b) Getting tested samples of various materials proposed to be used on the work as
required as per the provisions of the contract.
c) Detailed drawings for templates, temporary support, bar bending and cutting
schedules for reinforcement, material lists for fabrication of structural steel etc.
d) Suitable precautions and care shall be taken during execution for the safety of the
adjoining properties. The contractor shall be solely responsible for any damage to
the adjoining properties, as well as, the service lines during the entire construction
period of the contract.
e) All items included in the tender are completed items of work and are inclusive of
all labour, material, machinery with all leads and lifts and equipment required for
completion of work, The rates are inclusive of all taxes / levies including works
contract tax and stamp duties wherever applicable, except stated otherwise,
elsewhere.

1.2 Time limit for completion of work:
The work shall be completed in 06 (Six) calendar months including monsoon from the
date of work order to commence the work.
1.3 Earnest Money and Security Deposit:

Earnest money for this work will be 1% of estimated cost put to tender (i.e.
Rs. 5,95,430/-). Security deposit will be 4% of estimated cost put to tender (i.e.
Rs 23,81,719/-)
Details of Earnest Money:
The tenderer should pay the earnest money by way of electronic transfer on any
previous day & produce the scanned deposit receipt along with the e-tender on the
due date. No deposit will be accepted on the due date of submission of e-Tender. E-
Tenders with no earnest money deposit receipt shall be summarily rejected. The
earnest money of unsuccessful tenderers will be refunded after issuing work order to
the successful tenderer.
Earnest Money as mentioned in condition above against of work should be paid by

way of electronic transfer.
1.5 Details of Security Deposit :
The successful tenderers shall have to pay a sum of Rs. 5,95,430/- (Rupees Five Lac
Ninety Five Thousand Four Hundred Thirty Only) towards Security Deposit in form of
Initial Security Deposit of Rs.11,90,860/- (Rupees Eleven Lac Ninety Thousand Eight
Hundred Sixty Only) in the form of Demand Draft or Bank Guarantee of any
Nationalized Bank or Banks promoted by All India Financial Institutes payable at
Mumbai in format acceptable to MMRDA. The balance Security Deposit of
Rs. Rs.11,90,860/- (Rupees Eleven Lac Ninety Thousand Eight Hundred Sixty Only)
will be recovered by deducting from Running Account Bills at the discretion of the
Engineering-in-charge (at 5% of each Running Account Bill till the full Security Deposit
is recovered) so that, the total deposit equivalent to Rs. 23,81,719/- Rupees Twenty
Three Lac Eighty One Thousand Seven Hundred Nineteen Only) is made up and held
by MMRDA.
1.5. (i) The contractor shall be responsible to pay stamp duty as payable under Bombay
Stamp Duty Act 1978 for Deposit paid in form of Demand Draft / Bank Guarantee etc.
and shall furnish a copy of challan having paid the same to Government. Failure to
furnish the same within 1 month from the date of work order will entail its recovery at
Executive Eng 10
the rates in prevalence as per Stamp Duty Act from the bills for the onward
submission to Government.
1.6 Additional Security Deposit:
If the bid, which results in the lowest Evaluated Bid Price, is seriously unbalanced or
front loaded in the opinion of the Employer, the Employer may require the Bidder to
produce detailed price analyses to demonstrate the internal consistency of those
prices with the construction methods and schedule proposed. After evaluation of
the price analyses, taking into consideration the schedule of estimated Contract
payments, the Employer may require that the amount of the performance security be
increased at the expense of the Bidder to a level sufficient to protect the Employer
against financial loss in the event of default of the successful Bidder under the
Contract. The additional performance security shall be as per G.R. of PWD,
Maharashtra Government dated 12/02/2016.
1.7 Revision or Amendment in Tender Document:
The Competent Authority, may omit or suspend certain items of work, revise or amend
the tender document before online submission of tender. Such revisions or
amendments or extension, if any, shall be communicated to all concerned by email on
above mentioned MMRDA official E-Tendering portal which will be issued at least 7
days before the due date of receipt of tender.
1.7.1 Tender Rates:

The rates quoted in schedule 'B' are for finished and completed items and no extra
amount for carting or transporting material, labour etc. shall be paid unless specifically
so mentioned or provided for in the tender. The rates are inclusive of all leads and lifts
for all materials in the completed items and also include all taxes, duties, royalties etc.
including VAT/Works Contract Tax. No payment on this account will be made. The
Income Tax, Works Contract Tax, Labourcess etc shall be deducted at source at the
rate that will be in force from time to time.
1.8 The successful tenderer will have to sign an agreement as required. The necessary
stamp fees, etc. required for completing the agreement will have to be borne by
the tenderer.
1.9 The tenderer is requested to visit the site of the work and see for himself the site
conditions regarding layout and all other matters, affecting the work before filling in
the percentage above/below the estimated rates. Submission of a tender by a
tenderer implies that they had read these instructions and has made themselves
aware of the scope of the work, conditions at work site, conditions of contract and
MMRDA will not, therefore, bear any extra charges on any account, in case it finds
to have misjudged the site conditions or specifications.
1.9 (a) Conditional tender shall not be accepted.
b. The right to reject all or any of the tenders without assigning any reason, whatsoever,
is reserved with the Competent Authority.
c. The Chief Engineer, Engineering Division, MMRDA shall be the Competent Authority
for accepting the tender.
d. The tenderer will have to enter into regular agreement in form B-1 on the receipt of
acceptance of the tender and shall abide by all the rules and regulations embodied
therein and pay the initial security deposit as shown in the schedule, failing which the
MMRDA shall be entitled to forfeit the full amount of earnest money deposited by the
tenderer.
e. The successful tenderer shall have to work in co-ordination and co-operation with any
other contracting agencies appointed by the MMRDA to work simultaneously in the
same or adjoining area. The decision of the MMRDA in case of any dispute between
the different agencies appointed by the MMRDA shall be final and binding.
f. Income tax, Works Contract Tax, VAT, Service tax, labour cess and any other central,
state, local tax ordered by the competent authority at the rates in force during the
progress of contract or the percentage that will be in force from time to time shall be
recovered / deducted from the gross amount of the bill whether for measured work or
advance payment or secured advance.
g. The Contractor shall have to make his own arrangement at no extra cost to the
MMRDA for water supply, sanitation and electric supply etc. at the site of work. If
temporary / permanent water connection is taken for construction purpose through
Municipal Corporation's water line, then water charges to be paid to Municipal
Corporation are to be borne by the Contractor.
Contractor has to submit no dues certificates from Municipal Corporation in this regard before
preparation of final bill failing which such charges will be paid by MMRDA and shall be
recovered from amount due to the contractor from MMRDA.
h. The contractor will keep the site office clean and hygienic throughout till work is
completed in all respects.
I The detailed E -tender notice along with the subsequent corrigendum, addendum etc. shall
form part of the tender document.
(j) The contractor shall to furnish the initial security deposit in Demand Draft/Bank Guarantee,
the validity period of such Bank Guarantee shall be at least twice the specified time provided
in the tender or up to the defect liability period whichever is more.
(k).
i. The Contractor shall furnish all tools plants, instruments, supervisory
staff, labour, materials, any temporary works, consumable and
everything necessary whether or not such items are specifically stated
herein, for completion of the job in accordance with the specification
requirements.
Executive Eng 12
ii. The Contractor shall carry out the necessary surveys of the site
required for above work before starting the work.
(l). The contractor shall familiarize himself with the site where he is expected to execute the
work and quote his percentage above/below the estimated rates considering all the hurdles
likely to face during execution.
(m). The contractor whose tender is accepted will be required to produce to satisfaction of the
Concerned Authority valid and current license issued in his favor under the provision of the
contract labour (Regulations and abolition) Act 1970 and in case of failure to do so the
acceptance of the tender would be liable to be withdrawn and earnest money forfeited.
(n). Contractor shall take out necessary Insurance Policy/Policies so as to provide adequate
insurance cover for execution of the awarded contract work from the "Directorate of
Insurance, Maharashtra State, Mumbai - 400 051" only. Insurance Policy / Policies taken out
from any other insurance Company will not be accepted. However, if the contractor desires to
effect insurance with the local office of any insurance company, the same should be under
the co-insurance-cum-servicing arrangements (with G.I.F.'s share at 60% and insurance
Company's share at 40%) approved by the Directorate of Insurance. If the policy taken out by
the contractor is not on co-insurance basis the same will not be accepted and the amount of
premium calculated by the Directorate of Insurance will be recovered directly from the amount
payable to the contractors for the executed contract work.
(o). Bids from joint ventures are not accepted.
2. GUIDELINES FOR SUBMISSION OF E-TENDER
2.1 Tenderer shall follow the instructions on the portal for submission of e-tender.
2.2 Tender shall be submitted online on the e-tendering portal in 'three electronic
envelopes system' within prescribed schedule.
2.3 e-Envelope A
Tenderer shall upload scanned copies of the following:
a) Receipt of e-tender fee

b) Receipt of Earnest Money Deposit

b.4 e-Envelope B (Technical bid)
Tenderer shall upload scanned copies of the following:

a) List of works executed by the agency during recent last 7 financial years. (Form-I) and
works in hand (Form-II)
b) Attested copy of work completion certificate of similar work amounting to 80% or 2
works amounting to 50% or 3 works of amounting to 40% of estimated cost put to
tender issued by officer in Government or not below the rank of Executive Engineer,
during last 7 years.
c) Attested copy of Work Contract Tax No./Certificate, Sales Tax Registration Number /
Certificate.
d) Attested copy of Solvency Certificate from the Collector of the District within which the
contractor resides or a banker's certificate of the contractor's financial stability (20% of
amount put to tender).
e) Tenderer must provide a pre-barrier installation report and a post-barrier installation

report of at least one work executed by him in India demonstrating the IL(Insertion
Loss).
f) The tenderers must provide undertaking that the panels manufactured by him are in
conformance to the European standards EN 1793 & 1794.
g) Sound absorbing panels and sound proofing panels proposed by the supplier must
satisfy the requirements of the European standards EN 1793 & 1794. Panel
performance test reports must be submitted along with tender.
h) Bid Capacity - The bidder should have bid capacity in excess of
the estimated cost put to tender as per bid capacity formula indicated below.
Available Bid Capacity = (A x N x 2) – B
where A = Maximum value of Civil Engineering works executed in any one year during
the last7 years (updated to the current year by a factor of escalation of 10% per year)
which will take into account the Completed and ongoing work
B = Value of existing commitments and works (Ongoing) to be

completed in the period stipulated for completion of work in the
present bid.
N = Number of years prescribed for completion of work for which bids
are invited.
Note:- The statements showing the value of existing commitments and
ongoing works as well as the stipulated period of completion remaining for
each of the works listed should be counter signed by the respective Employer
representative.and Chartered Accountant
i) Annual turnover for last 3 financial years.
Executive Eng 14
b.5 e-Envelope C (Financial bid)
a) Tenderer shall quote his offer as percentage below/ above the estimated cost at the
prescribed space both in figures & words in e-Envelope C. The amount quoted by the
tenderer shall be calculated by the system.
b) Upload the Digitally Signed copy of tender document.
b.6 Procedure for Tender opening
Contents of e-Envelope A will be scrutinized and only those tenderers who have
fulfilled the requirements shall be eligible for opening of e-Envelope B. Similarly,
contents of e-Envelope B will be scrutinized and only those tenderers who have
fulfilled the requirements shall be eligible for opening of e-Envelope C.
Tenderer may remain present in the office of the tender opening authority at the time
of opening of financial bids. However, the results of the financial bids of all bidders
shall be available on the e-Tendering portal immediately after completion of the
opening process.

Chapter - II
Bank Guarantee Bond
16
CHAPTER-II
FORM OF BANK GUARANTEE BOND FOR SECURITY DEPOSIT
1. In Consideration of the Mumbai Metropolitan Region Development Authority (hereinafter called
"the
MMRDA") having agreed to exempt________________________________(hereinafter
called
"the said Contractor(s)" from the demand, under the terms and conditions of an Agreement dated
__________ made between the Executive Engineer, MMRDA and
_______________________________ for ____________
___________________________________(hereinafter called "the said Agreement"), of
security
deposit for the due fulfillment by the said contractor(s) of the terms and conditions contained
in the
said Agreement, on production of a Bank Guarantee for Rs. ___________________ (Rupees
__________________________________).
We, ____________________________________________________________ (hereinafter

referred to as "the Bank") at the request of ________________________________________
(contractor(s) do hereby undertake to pay to the MMRDA an amount of not exceeding Rs.
___________ against any loss or damage caused to or suffered or would be caused to or
suffered by
the MMRDA by reasons of any breach by the said contractor(s) of any of the terms and
conditions contained in the said Agreement.
2. We, ________________________________________________ (indicate name of the bank) do

hereby undertake to pay the amounts due and payable under this guarantee without any
demur merely on a demand from the MMRDA stating that the amount claimed is due by way
of loss or damage to or would be caused to or suffered by the MMRDA by reason of breach
by the said contractor(s) of any of the terms or conditions contained in the said Agreement
or by reasons of the contractor(s) failure or repudiation to perform the said Agreement. Any
such demand made on the bank shall be conclusive as regards the amount due and payable
by the Bank under this guarantee. However, our liability under this guarantee shall be
restricted to an amount not exceeding Rs.______________________________________.
3. We undertake to pay the MMRDA any money so demanded notwithstanding any dispute or
disputes raised by the contractor(s) in any suit or proceeding pending before any court or
Tribunal relating thereto, our liability under these presents being absolute and unequivocal.
The payment so made by us under this bond shall be a valid discharge of our liability for
payment there under and the contractor(s) shall have no claim against us for making such
payment.
4. We, (indicate name of the Bank) further

agree that the guarantee herein contained shall remain in full force and effect during the
period that would be taken for the performance of the said Agreement and that it shall

5. We, continue to be enforceable till all the dues of the MMRDA under or by virtue of
the said Agreement have been fully paid and its claims satisfied or discharged or till the
Executive Engineer, Engineering Division of MMRDA
____________________ (indicate the name of Administrative Department) certified that the
terms
and conditions of the said Agreement have been fully and properly carried out by the said
Contractor(s) and accordingly discharges this guarantee. Unless a demand or claim under this
guarantee is made on to us in writing on or before the_____________________________we
shall be discharged from all liability under this guarantee thereafter.(indicate the name of
Bank)
further agree with the MMRDA that the MMRDA shall have the fullest liberty without our
consent and without affecting in any manner our obligation hereunder to vary any of the
terms and conditions of the said Agreement or to extend time of performance by the said
contractor(s) from time to time or to postpone for any time or from time to time any of the
powers exercisable by the MMRDA against the said Contractor(s) and to forbear or enforce
any of the terms and conditions relating to the said agreement and we shall not be relieved
from our liability by reasons of any such variation, or extension being granted to the said
Contractor(s) or for any forbearance, act or commission on the part of the MMRDA or any
indulgence by the MMRDA to the said Contractor(s) or by any such matter or thing
whatsoever which under the law relating to sureties would, but for this provision, have effect
of so relieving us.
6. This guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor(s) / Supplier(s).
7. We, _______________________________________________________________ (indicate the

name of Bank) lastly undertake not to revoke this guarantee during its currency.
Executive Eng 18
Dated Day of 2017
Contractor 20
Executive Eng
(Indicate the name of the Bank)
For
Contractor 22
Executive Eng
Chapter - III
Details to be submitted by e-tenderer
23
CHAPTER-III DETAILS TO BE SUBMITTED BY TENDERER
APPENDEX - "A"
Particulars of the Tenderer :
1) Previous experience in execution of similar works :

Sr. No. Name of work Department Value of work Date of Remark
executed / in completion /
hand present
status
Name and address of the Tenderer :.....................................................
Note: True copies of testimonials may be attached
Signature of Tendrer Address
APPENDIX-B
2) Work performed as a prime contractor on works of similar nature in the last five
years (2011-12 to 2015-16).
Sr No Name of Descriptio Contract Value of Date of Stipulated Actual Remarks

The n of work No. contract issue period of date of explaining
employer* (Rs. ofwork completio completi reasons for
cks) order n on* delay
and work
completed
Ttttt
Executive Eng 24
APPENDIX-C
3) DETAILS OF MACHINERY
NOTE: INFORMATION ABOUT MACHINERY OWNED BY CONTRACTOR AND OTHER
MACHINERY SHALL BE SHOWN SEPARATELY.
NAME OF TENDERER: _____________________
NAME OF WORK:
Sr Name of No. of Kind of Capacity Age and Present Remarks

.
No. Equipment Units make condition location
1 2 3 4 5 6 7 8
1
2
3
4) LIST OF TECHNICAL PERSONNEL OF THE TENDERER LIKELY TO BE APPOINTED

ON THIS WORK
NAME OF TENDERER
Sr. No. Name of Designation/ Post Academic Experience in Remarks (any other
Person Held/Status Qualifications and similar nature of points)
Experience work
1 2 3 4 5

SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR AVAILABILITY OF
CREDIT FACILITIES
BANK CERTIFICATE
This is to certify that M/s.

...............................................................................................................is a reputed
company with a good financial standing.
If the contract for the work, namely

.....................................................................................is awarded to the above firm,
we shall be able to provide overdraft/credit facilities to the extent of Rs.
_________________ to meet their working capital requirements for executing the
above contract.
__ Sd. __
Name of Bank Senior Bank
Manager Address of the Bank
Executive Eng 26
Chapter - IV
General Conditions

CHAPTER-IV
GENERAL CONDITIONS
1. Sound absorbing and sound proofing panels proposed by the supplier must satisfy the
requirements of the European standards EN 1793 & 1794. Copy of the performance test
reports of the panels must be submitted along with the tender.
2. Bidder must provide undertaking that the panels manufactured by them, conform to the
standards and requirements of the European standards EN 1793 & 1794.
3. Bidder must have provide with a pre-barrier installation & post barrier installation report of
at least one work executed by him in India as per EN 1793-Part 5 in support of the barrier
performance.
4. The system of recording, measurements and payments will be based on the P.W.D.
practice in vogue.
5. It is presumed that the contractor has gone carefully and thoroughly through the standard
and special specifications of the individual items and studied the site conditions before
arriving at his Quotation above / below the estimated cost quoted by him.
6. Special provisions in the detailed specifications or wording of any item shall give
precedence over the corresponding contract provisions, if any, in the requirements of the
European standards EN 1793 & 1794 In case of any contradictions in the specifications,
the interpretation and decision of the Engineer-in-charge shall be final & binding.
7. In all cases of errors, omissions or doubts or discrepancies in dimensions or description in

drawings or in specifications etc., a reference shall be made by the contractor to the
Engineer- in- charge, whose elucidations, elaborations or decisions shall be treated as
authentic and final and contractor shall be liable to be held responsible for any errors or
omissions arising out of his not referring the doubts in advance to the Engineer-in-charge
for clarifications.
8. If the contractor has any doubts, whatsoever, as to the contents of the contract he shall in
good time i.e. before submitting his tender, get his doubts clarified authoritatively from the
Executive Engineer in writing. Once the tender is submitted by him the
r Executive Eng 28
matter will be decided according to the tender stipulations in the absence of such authentic
pre-clarifications from the Engineer-in-charge and contractor shall in that case be bound by
the decisions of the Executive Engineer.
9. All the items and their rates in Schedule - B of the tender are for completed items of work
and no extra claims shall be accepted as regards specifications, labour, materials, all taxes
(Sales Tax, Works Contract Tax, VAT etc.), royalties, and any other charges etc.
Contractor shall submit its methodology for approval of Engineer in Charge. On Approval
from Engineer-in-Charge contractor shall commence the work.
10. On request from the contractor, the M.M.R.D.A. shall extend all possible help in securing
priorities for deliveries, obtaining controlled or scarce materials, permissions, police
protection if required or requisition of land - private or public open land - on rental basis
required temporarily for the purpose of execution of work etc. However, the M.M.R.D.A.
shall not be held responsible for such arrangements or delays arising out of making such
arrangements/ permissions and for which no financial claims shall be entertained against
the M.M.R.D.A.
11. The contractor shall have to make his own arrangements for procuring all materials and
machinery required for the work and adopts necessary safety measures for protection of
men and materials and nearby MMRDA / Public or private properties against any
accidental damages to life or property arising out of activities on his work.
12. The contractor immediately after award of work shall have to chalk out a programme for
execution of the work with reference to the time limit stipulated for completion of the work
and furnish the same in the form it is asked for by the Engineer-in-charge as soon as he
received work order. Review of progress achieved with reference to the approved
programme shall be taken by the Engineer-in-charge at regular intervals and shortfall if any
shall be made good by the contractor within the allowable period by accelerating his
progress to bring it as per with the approved programme. The contractor shall update this
programme from time to time as and when called upon to do so, failing which the same
shall be drawn up by the Engineer-in-charge and shall

be enforced by him and no representation in that case shall be entertained from the
contractor. If specifically asked for, the Contractors shall have to submit his programme in
the form of C.P.M. / PERT network.
13. Materials which are not approved shall not be allowed to be brought on site. Materials once
brought to the site shall not be allowed to be removed from the site without the prior
approval of the Engineer-in-charge.
14. The several documents forming the contract shall be taken as mutually complimentary to
each other. Detailed working drawings shall gain preference over small scale drawings,
written dimensions shall be in preference to the scaled dimensions and specific conditions
shall be in preference to the general conditions. Any errors or omissions in descriptions,
quantity or rate shall neither vitiate the contract nor absolve the contractor of his obligation
under the contract from the responsibility of executing the work either in part or in whole.
15. The Contractor shall permit the Engineer-in-charge or his representative to inspect
whenever required, the stock of controlled materials, provided such materials are supplied
to him from the MMRDA stores
16. All materials used in the construction of the work shall be of the best and approved quality
only as per the relevant Indian Standard Specifications. Samples of all the materials as
ordered by the Engineer-in-charge shall be kept in his office for check and proper control
towards the use of such materials. The Engineer-in-charge shall have the right to ask the
contractor to rest the materials brought by him before using them on the work from an
approved Engineering Institute and also to carry out insitu or laboratory tests of the
materials before / after their use in the work. Testing charges including conveyance of
materials to laboratories for all such tests shall be borne by the contractor. If the materials
are found sub-standard or giving substandard test results, such materials shall be rejected
and shall be removed forthwith from the site by the contractor at his own cost as directed
by the Engineer-in-charge.
r Executive Eng 30
17. If during the course of execution of work the MMRDA considers it necessary to provide
some additional fixtures / installations in the work, which are not included in any of the
tender items, like providing conduits , pipes, etc. which will require only marginal quantum
of additional labour for the contractor for placing such material in position, shall be so fixed
in the work by the contractor at no extra costs, provided such materials are supplied free of
cost at the place of work by the MMRDA.
18. On receipt of the work order, the contractor's authorized site Engineer shall immediately
start operations like clearing the site, constructing approach road to site and take up lining
out of the work under the directions of the Engineer-in-charge and shall provide all the
necessary materials, labour, tools, and instruments, as required for the purposes of field
surveys. The lining out shall be done accurately and it shall be the responsibility of the
contractor for the correctness of the locations, lines, levels, dimensions and alignments etc.
of all the component parts of the work. If at any time during the course of the execution, any
error is noticed, the same should be got rectified by the contractor at his own cost.
Checking by the departmental staff shall not absolve in any way responsibility of the
contractor in this respect. The contractor shall establish, protect and preserve all the
mangrove plants, level pillars, bench marks, pegs etc. at site as per the directions of the
Engineer-in-charge till such time as they are required for the work.
19. The Contractor shall construct and maintain suitable inspection pathways within the limits
of the work at his own cost as directed by the Engineer-in-charge.
The Engineer-in-charge shall have full rights to ask for any additions or deletions in the
supervisory staff and labour force of the contractor and this should be done immediately by
the contractor to his full satisfaction. The contractor shall regularly submit to the Engineer-
in-charge weekly reports of the people employed on his work and medical reports etc.
Reports on accidents should be submitted within 24 hours.
Work Order Book shall be maintained on site and it shall be the property of the MMRDA.
The contractor shall promptly sign the orders written in it by the Engineer-

in-charge or his authorized representative or his superior officers and comply with the same
promptly and correctly.
The contractor should report compliance of all such orders recorded in the Work Order
Book from time to time to the Engineer-in-charge for his verifications. First carbon copy
of the extract from the Work Order Book shall be supplied to the contractor as soon as
the entry is made in it by the officers of the MMRDA. The contractor should sign in this
Work Order Book to acknowledge receipt of his copy.
Initial measurement for record :
a. Where for proper measurement of the work, it is necessary to have an initial set of levels
or other measurements taken, the same as recorded in the authorized field book,
measurement book of the MMRDA, by the Engineer-in-charge or his authorized
representatives and will be signed by the contractor or his authorized representative
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. Likewise the 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 Authorized representative of the Engineer- in-charge. The
record of such measurements on behalf of the MMRDA will be signed by the Engineer-
in-charge or his representative and the contractor and he will be entitled to have a true
copy of the same made at his cost.
b. The contractor can have copies of the measurements as stated in the paragraph above
and of the bills paid to him at his own cost and at his own responsibility to do so by
attending the MMRDA office. He or his agent may copy down the same in consultation
with the Officer concerned.
20. The contractor shall engage an authorized and full time qualified technical
representative on the work capable of managing and guiding the work and
r Executive Eng 32
understanding all the specifications and contract conditions who will take orders as shall be
given by the Engineer-in-charge or his representative from time to time and shall be
responsible for carrying out the work promptly and correctly. His technical representative
should be posted at the site with prior approval of the Engineer-in- charge and should
not be removed from the site without his prior approval.
21. Treasure Trove :
In the event of discovery by the contractor or his employees during the progress of the
works of any treasure, fossils, minerals or any articles of value of interest, the contractor
shall give immediate information thereof to the Engineer-in-charge and forthwith hand
over to the Engineer-in-charge such treasure or things which shall be the property of the
MMRDA and shall not be removed by the contractor under any circumstances.
22. Permits and Licenses :
The contractor shall procure at his own expenses all permits and licenses comply with
rules and regulations laid down by the concerned authority and pay all charges, fees and
give all notices necessary and pay all dues in connection with lawful execution of the
work.
23. Patented Devices, Materials and Processes :
Whenever the contractor desires to use any designed devices, materials or processes
covered by letter of Patent or Copy Right, the right for such use shall be secured by
suitable legal arrangement with the patent owners and the copy of their agreement shall
be supplied to the Engineer-in-charge if so desired by him. It shall be the responsibility
of the contractor to observe all legal formalities for use of such patents and
consequences, if any, due to failure on his part to do so shall be the sole responsibility
of the contractor.

24. Indemnity :
The contractor shall indemnify the MMRDA against all actions, suits, claims, damages
and demands brought or made against him in respect of anything done or omitted 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 MMRDA in consequences of any action or suit
being brought against the contractor for anything done or omitted to be done in
execution of the work of this contract.
25. Scope of Work
Providing of Noise barrier on Suman Nagar flyover, Chembur & Navghar flyover, Mulund as
per specifications under schedule B, drawings and directions of Engineer In-charge.
r Executive Eng 34
Chapter - V
Additional General Conditions and Specifications

CHAPTER-V
ADDITIONAL GENERAL CONDITIONS AND SPECIFICATIONS
1. These are to apply as additional specifications and conditions, unless otherwise already
provided for contrary elsewhere in this contract.
2. DEFINITIONS:
Unless excluded by or repugnant to the context,
(a) The expression "Government" as used in the tender papers shall mean the
MMRDA.
(b) The expression "MMRDA" as used in the tender papers shall mean the Mumbai
Metropolitan Region Development Authority.
(c) The expression "Chief Engineer, Engineering Division" as used anywhere in the
tender papers shall mean Chief Engineer of MMRDA.
(d) The expression "Superintending Engineer" as used in the tender papers shall
mean an officer of Superintending Engineer's rank (by whatever designation he may be
known) under whose control the work lies for the time being.
(f) The expression "Engineer" or "Engineer-in-charge" as used in the tender papers

shall mean the Executive Engineer-in-charge of the work for the time being.
(g) The expression "Contractor" used in the tender papers shall mean the
successful tenderer or bidder whose tender has been accepted, and who has been
authorized to proceed with the work.
(h) The expression "Contract" as used in the tender papers shall mean the deed to
contract together with its original accompaniment and those latter incorporated in it by
mutual consent.
r Executive Eng 36
(i) "Drawings" shall mean the drawings referred to in the 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.
(j) "Engineer's representative" shall mean an assistant of the Engineer notified in writing to the
contractor by the Engineer.
(k) 'Provisional sum' or 'Provisional lump sum' shall mean lump sum included by MMRDA in
tender documents and shall represent the estimated value of work for which details are not
available at the time of issue of tender.
(l) The 'site' shall mean the lands and/or other places, on under, in or through which the work
is to be executed under the contract including any other lands or places which may be allotted
by MMRDA or used for the purpose of contract.
(m) The 'Work' shall mean the works to be executed in accordance with the Contract or part(s)
thereof as the case may be and shall include all extra or additional, altered or substituted
works as required for performance of the Contract.
(n) The "Contract sum" shall mean the sum for which the tender is accepted.
(o) The "Accepting Authority" shall mean the Competent Authority to accept the tender.
(p) The "Day" shall mean a day of 24 hours from midnight to midnight irrespective of the
number of hours worked in any day in that week.
(q) "Temporary works" shall mean all temporary works of every kind required in or about the
execution, completion, or maintenance of the works.
(r) "Urgent works" shall mean any measure 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.

Where the context so requires, words importing the singular only also include the plural
and vice-versa.
Heading and marginal notes, if any, to the general conditions shall not be deemed to
form part thereof or be taken into consideration in the interpretation or construction
thereof of the contract.
3.1 PROGRAMME OF WORK:
The work is required to be completed within a period of 06 (Six) calendar months

including monsoon period from the date of work order to commence the work.
3.2 CONSTRUCTION EQUIPMENTS:

The contractor shall be required to provide appropriate and adequate equipments for
achieving the laid down specifications and tolerance to the satisfaction of the Engineer.
All equipments provided shall be of proven efficiency and shall be operated and
maintained at all times in a manner acceptable to the Engineer and no equipment or
personnel will be removed from site without permission of the Engineer.
5. RESPONSIBILITIES FOR LEVEL AND ALIGNMENT:

The contractor shall be entirely and exclusively responsible for the horizontal and
vertical alignment, the levels and correctness of every part of the work and shall rectify
effectually any errors or imperfections therein; such rectifications shall be carried out by
the contractor, at his own cost, when instructions are issued to that effect by Engineer.
6. DAMAGE BY FLOODS OR ACCIDENTS:

The contractor shall take all precautions against damage by floods or like or from
accident 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 cost any plant or materials belonging to
the M.M.R.D.A. lost or damaged by floods or from any other cause which is in his
charge.
7. POLICE PROTECTION:
For the Special Protection of camp and of the contractor's work, the Department will
help the contractor as far as possible to arrange for such protection with the concerned
authorities, if so required by the Contractor in writing. The full cost of such protection
shall be borne by the contractor.
r Executive Eng 38
8. TRAFFIC REGULATION DURING EXECUTION OF WORK:
8.1 Unless separately provided for in the contract, the contractor shall have to make all
necessary arrangements for regulating traffic, day and night during the period of
construction to the entire satisfaction of the Engineer. This includes the construction
and maintenance to diversion if necessary. The contractor shall have to provide
necessary caution boards, barricades, flags, lights and watchmen etc. so as to comply
with the latest Motor Vehicle rules and regulation and for traffic safety and he shall be
responsible for all claims from accidents which may arise due to his negligence whether
in regulating the traffic or in stacking materials on the roads, or due to any other reason.
8.2 The contractor shall at all times carry out the work on the road in a manner creating
least interference to the flow of traffic, while consistent with the satisfactory execution of
the same. For all works involving improvements to the existing road junctions, the
contractor shall, in accordance with the directives of the Engineer, provide and
maintain, during the execution of work a passage for traffic, either along or part of the
existing carriageway under improvement or along a temporary diversion constructed
close to the road.
9. MEDICAL AND SANITARY ARRANGMENT TO BE PROVIDED FOR LABOUR

EMPLOYED IN THE CONSTRUCTION BY THE CONTRACTOR:
a) The contractor shall provide adequate supply of potable water for the use of labors
on work and in Camps.
b) The contractor shall construct trench or semi permanent latrines for

the use of the laborers. Separate latrines shall be provided for men and
women .
c) The contractor shall build sufficient number of huts on a suitable plot of land for use
of the Laborers according to the following specifications:
1. Huts of Bamboos and Grass may be constructed.
2. A good site not liable to submergence shall be selected on high ground remote from
jungle but well provided with trees, shall be chosen wherever it is available. The
neighborhood of tank, jungle, grass or woods should be particularly avoided. Camps
should not be established close to large cuttings of earth work.
3. The lines of huts shall have open space of at least ten yards between rows. When a
good natural site cannot be produced, particular attention should be given to
drainage.
4. There should be no overcrowding. Floor space at the rate of 30 sq.ft per head shall
be provided. Care should be taken to see that the huts are kept clean and in good
order.
5. The contractor must find his own land and if he wants MMRDA land, he should
apply for it and pay assessment for it, if made available by MMRDA.
6. The contractor shall construct a sufficient number of bathing places. Washing places
should also be provided for the purpose of washing clothes.
7. The Contractor shall make sufficient arrangements for draining away the surface and
sullage water as well as water from the bathing and washing places and shall dispose of
this waste water in such way as not to cause any nuisance.
d) The contractor shall engage a Medical Officer with a traveling dispensary for a
Camp containing 500 or more persons if there is no Government or other private
dispensary situated within 8 kilometers from the Camp. In case of emergency
the contractor shall arrange at his cost for transport for quick medical help to his
sick worker.
e) The Contractor shall provide necessary staff for effecting a satisfactory drainage
system and cleanliness of the camp to the satisfaction of the Engineer. At least
one sweeper per 200 persons should be engaged.
f) The Assistant Director of Public Health be consulted before opening a labour

camp and his instruction on matters such as water supply, sanitary
conveniences, the camp site accommodation and food supply shall be allowed
by the Contractor.
g) The contractor shall make arrangements at his cost for all anti-malaria measures
to be provided for the labour employed on the work. The anti-malaria measure
shall be provided as directed by the Assistant Director of Public Health.
10. Payment upon Termination

10.1 If the contract is terminated because of a fundamental breach of contract by the
contractor, the Engineer shall issue a certificate for the value of the work done less
advance payment received up to the date of the issue of the certificate, less other
recoveries due in terms of contract, less taxes due to deducted at source as per
applicable law and less the percentage of compensation to apply to the work not
completed as indicated in the tender document. Additional Liquidated Damages shall
not apply. If the total amount due to the Employer exceeds any payment due to the
contractor the difference shall be a debt payable to the Employer.
10.2 If the Contract is terminated at the Employer's convenience or because of a

fundamental breach of contract by the Employer, the Engineer shall issue a certificate
r Executive Eng 40
for the value of the work done, the reasonable cost of removal of Equipment,
repatriation of the Contractor's personnel employed solely on the works and the
contractor's costs of protecting and securing the works and less advance payments
received up to the date of the certificate, less other recoveries due in terms of contract,
less taxes due to deducted at source as per applicable law.
11. Property
All materials on the Site, Plant, Equipment, Temporary Works and Works are deemed
to be the property of the Employer, if the Contract is terminated because of a
Contractor's default.
12. Release from Performance

If the Contract is frustrated by the outbreak of war or by any other event entirely outside
the control of either the Employer or the Contractor the Engineer shall certify that the
Contract has been frustrated. The Contractor shall make the Site safe and stop work as
quickly as possible after receiving this certificate and shall be paid for all work carried
out before receiving it and for any work carried out afterwards to which commitment
was made.
13. COMPLIANCE WITH LABOUR REGULATIONS:
During continuance of the contract, the Contractor and his sub contractors shall abide
at all times by all existing labour enactments and rules made there under, regulations,
notifications and bye laws of the State or Central Government or local authority and any
other labour law (including rules), regulations, bye laws that may be passed or
notification that may be issued under any labour law in future either by the State or the
Central Government or the local authority. Salient features of some of the major labour
laws that are applicable to construction industry are given below. The Contractor shall
keep the Employer indemnified in case any action is taken against the Employer by the
competent authority on account of contravention of any of the provisions of any Act or
rules made there under, regulations or notifications including amendments. If the
Employer is caused to pay or reimburse, such amounts as may be necessary to cause
or observe, or for non-observance of the provisions stipulated in the notifications/bye
laws/Acts/Rules/regulations including amendments, if any, on the part of the
Contractor, the Engineer/Employer shall have the right to deduct any money due to the
Contractor including his amount of performance security. The Employer/Engineer shall
also have right to recover from the Contractor any sum required or estimated to be
required for making good the loss or damage suffered by the Employer.
The employees of the Contractor and the Sub-Contractor in no case shall be treated as
the employees of the Employer at any point of time.

SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE TO
ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTION
WORK.
a) Workmen Compensation Act 1923:- The Act provides for compensation in case of
injury by accident arising out of and during the course of employment.
b) Payment of Gratuity Act 1972 :- Gratuity is payable to an employee under the Act on
satisfaction of certain conditions on separation if an employee has completed 5 years
service or more or on death the rate of 15 days wages for every completed year of
service. The Act is applicable to all establishments employing 10 or more employees.
c) Employees P.F. and Miscellaneous Provision Act 1952 : The Act Provides for monthly
contributions by the employer plus workers @ 10% or 8.33%. The benefits payable
under the Act are:
(i) Pension or family pension on retirement or death, as the case may be.
(ii) Deposit linked insurance on the death in harness of the worker.
(iii) Payment of P.F. accumulation on retirement/death etc.

d) Maternity Benefit Act 1951:- The Act provides for leave and some other benefits to
women employees in case of confinement or miscarriage etc.
e) Contract Labour (Regulation & Abolition) Act 1970:- The Act provides for certain
welfare measures to be provided by the Contractor to contract labour and in case the
Contractor fails to provide, the same are required to be provided, by the Principal
Employer by Law. The Principal Employer is required to take Certificate of Registration
and the Contractor is required to take license from the designated Officer. The Act is
applicable to the establishments or Contractor of Principal Employer if they employ 20
or more contract labour.
f) Minimum Wages Act 1948:- The Employer is supposed to pay not less than the
Minimum Wages fixed by appropriate Government as per provisions of the Act if the
employment is a scheduled employment. Construction of Buildings, Roads, and
Runways are scheduled employments.
g) Payment of Wages Act 1936:- It lays down as to by what date the wages are to be
paid, when it will be paid and what deductions can be made from the wages of the
workers.
r Executive Eng 42
h) Equal Remuneration Act 1979:- The Act provides for payment of equal wages for work
of equal nature to Male and Female workers and for not making discrimination against
Female employees in the matters of transfers, training and promotions etc.
i) Industrial Disputes Act 1947:- The Act lays down the machinery and procedure for
resolution of Industrial disputes, in what situations a strike or lock-out becomes illegal
and what are the requirements for laying off or retrenching the employees or closing
down the establishment.
j) Industrial Employment (Standing Orders) Act 1946:- It is applicable to all establishments

employing 100 or more workmen (employment size reduced by some of the States and
Central Government to 50). The Act provides for laying down rules governing the
conditions of employment by the Employer on matters provided in the Act and get the
same certified by the designated Authority.
k) Trade Unions Act 1926:- The Act lays down the procedure for registration of trade unions of
workmen and employers. The Trade Unions registered under the Act have been given
certain immunities from civil and criminal liabilities.
l) Child Labour (Prohibition & Regulation) Act 1986:- The Act prohibits employment of children
below 14 years of age in certain occupations and processes and provides for
regulation of employment of children in all other occupations and processes.
Employment of Child Labor is prohibited in Building and Construction Industry.
m) Inter-State Migrant workmen's (Regulation of Employment & Conditions of Service) Act
1979:- The Act is applicable to an establishment which employs 5 or more inter-state
migrant workmen through an intermediary (who has recruited workmen in one state for
employment in the establishment situated in another state). The Inter-State migrant
workmen, in an establishment to which this Act becomes applicable, are required to be
provided certain facilities such as housing, medical aid, traveling expenses from home
up to the establishment and back, etc.
n) The Building and Other Construction workers (Regulation of Employment and Conditions of
Service) Act 1996 and the Cess Act of 1996 :- All the establishments who carry on any
building or other construction work and employs 10 or more workers are covered under
this Act. All such establishments are required to pay cess at the rate not exceeding 2%
of the cost of construction as may be modified by the Government. The Employer of
the establishment is required to provide safety measures at the Building or construction
work and other welfare measures, such as Canteens, First-Aid facilities, Ambulance,
Housing accommodations for workers near the work place etc. The Employer to whom
the Act applies has to obtain a registration certificate from the Registering Officer
appointed by the Government.

o) Factories Act 1948 The Act lays down the procedure for approval at plans before setting up
a factory, health and safety provisions, welfare provisions, working hours, annual
earned leave and rendering information regarding accidents or dangerous occurrences
to designated authorities. It is applicable to premises employing 10 persons or more
with aid of power or 20 or more persons without the aid of power engaged in
manufacturing process.
14. PROTECTION OF ENVIRONMENT:
The contractor shall take all reasonable steps to protect the environment on and off the
Site and to avoid damage or nuisance to persons or to property of the public or others
resulting from pollution, noise or other causes arising as a consequence of his methods
of operation.
During continuance of the contract, the contractor and his sub-contractors shall abide at
all times by all existing enactments on environmental protection and rules made there
under, regulations, notifications and bye-laws of the State or Central Government, or
local authorities and any other law, bye-law, regulations that may be passed or
notification that may be issued in this respect in future by the State or Central
Government or the local authority.
Salient features of some of the major laws that are applicable are given below:
The Water (Prevention and Control of Pollution) Act, 1974: This provides for the
prevention and control of water pollution and the maintaining and restoring of
wholesomeness of water. 'Pollution' means such contamination of water or such
alteration of the Physical, chemical or biological properties of water or such discharge
of any sewage or trade effluent or of any other liquid, gaseous or solid substance into
water (whether directly or indirectly) as may, or is likely to, create a nuisance or render
such water harmful or injurious to public health or safety, or to domestic, commercial,
industrial, agricultural or other legitimate uses, or to the life and health of animals or
plants or of aquatic organisms.
The Air (Prevention and Control of Pollution) Act, 1981: This provides for prevention,
control and abatement of air pollution. 'Air Pollution' means the presence in the
atmosphere of any 'air pollutant', which means any solid, liquid or gaseous substance
(including noise) present in the atmosphere in such concentration as may be or tend to
be injurious to human beings or other living creatures or plants or property or
environment.
The Environment (Protection) Act, 1986: This provides for the protection and
improvement of environment and for matters connected therewith, and the prevention
r Executive Eng 44
of hazards to human beings, other living creatures, plants and property. 'Environment'
includes water, air and land and the inter-relationship which exists among and between
water, air and land, and human beings, other living creatures, plants, micro-organism
and property.
The Public Liability Insurance Act, 1991, This provides for public liability insurance for the
purpose of providing immediate relief to the persons affected by accident occurring while
handling hazardous substances and for matters connected herewith or incidental thereto.
Hazardous substance means any substance or preparation which is defined as hazardous
substance under the Environment (Protection) Act 1986, and exceeding such quantity as may
be specified by notification by the Central Government.

Chapter - VI Special Conditions
or Executive Eng 46
CHAPTER – VI
SPECIAL CONDITIONS
The Special Conditions of contract shall take precedence over any other
corresponding condition / stipulation / clause of tender appearing elsewhere in this
document.
1. The action area is Suman Nagar flyover, Chembur & Navghar flyover, Mulund.,
Mumbai
2. The contract includes "Providing and Fixing Noise Barrier on Suman Nagar flyover,
Chembur & Navghar flyover, Mulund, Mumbai "
3. The contractor shall discuss and finalize the phase-wise programmed of works in
consultation with the Executive Engineer, MMRDA before starting the work and
accordingly shall submit the Bar Chart, so as to achieve the goal within prescribed
time limit.
4. The contractor shall be required to take sufficient nos. of colored photographs or

video shooting at their own cost with Digital Camera having date printing
arrangement along the length or as directed by the Engineer in charge before
commencing the work and equal Nos. after completion of work and during progress
of the work at the same locations. Contractors shall submit the photos in colour
prints and CD of the same to the Engineer-in- charge for proper record as directed.
Failure to comply the above MMRDA will take necessary action in this regard. The
decision of Engineer-in-charge
5. Tenderer shall note that during work they shall take proper safety measures such as
(i) Flags, (ii) work in progress board (painted in radium paint) (iii) Red lamp (if the
work is in progress during night) and other measure such as posting the person near
work and barricading at work place as it may be necessary, in order to avoid any
possible accident.
6. The percentage above / below the estimated rates shall be inclusive of all operations,

taxes, duties etc. levied by State / Central Government, Local Bodies etc. for the
fulfillment of the contract. Advances of any sort shall not be considered.
7. The contractor shall maintain all the records of machineries and labours deployed on
the works for payment purpose.
8. The work proposed to be executed under this tender happens to be one of the works
within the overall development in the area and hence, time is the essence of the
contract.
9. Simultaneously, with this work there will be other works in progress in the area. It will
be incumbent on the tenderer to provide all the facilities and co-operation to the other
contractors to smoothly carry on their work. This implies that the other agencies will
have a right to access to their works through the area on which the present agency is
entrusted with the work.
10. Following specifications shall apply in the order of precedence given below for items
of work to be executed.
i) European standards EN 1793 & 1794
ii) Where no specification available, the work shall be carried out as per direction
of Engineer-in-charge/PMC.
11. The quantities considered for scheduled-B are tentative and may increase or
decrease to any extent as per site requirement. In such case no extra claims for
excess / saving in the quantities shall be entertained.
12. The contractor shall carry out mapping of noise level before and after completion of
work in the presence of representative of the Engineer-in-charge / PMC. The report
shall be submitted to MMRDA. The noise levels observed before taking up the work
should be reduced to allowable noise levels in residential area after completion of
work.
13. The contractor shall carry out all testing work in the presence of the representative of
the Engineer-in-charge/PMC. In additional, he shall provide facilities for any
Executive Eng 48
independent testing to be carried out by the Engineer-in-charge and arrangement for
visit at manufacturers’ factory / workshop from where materials for works are being
purchased.
These items are incidental to work and no extra payment shall be made for these items.

Chapter - VII
Contract Agreement
Contractor 50
Executive Eng
CHAPTER - VII CONTRACT AGREEMENT
MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY
THESE ARTICLES OF AGREEMENT made at Mumbai this___________day of____________

Two Thousand Seventeen between the Mumbai Metropolitan Region Development Authority
(MMRDA) constituted and established under Section 3 of the Mumbai Metropolitan Region
Development Act, 1974 and having its principal office on 5 th Floor, MMRDA office Building,
Plot Nos.C-14/15, Near Drive-in theatre, 'E' Block, of BKC, Bandra (East), Mumbai-400 051
hereinafter called "The Authority" (which expression shall unless the context does not admit,
include its successor or successors and assign or signs) of the one part
and Shri________________________________Indian inhabitant and being partners of the
partnership firm carrying on business of civil Engineers works and Civil Contractors in the
name and style of________________ __________________________and having their office
at _________________________________________, hereinafter called collectively "The
Contractor" (which expression shall unless the context does not admit, include their
respective heirs, administrators, executors and surviving partner or partners) of the other
part.
WHEREAS the Authority invited by its public advertisement No. __________________ dated
__________published in the News Paper ___________________dated_____________public
tenders for the execution of works referred to therein and more particularly described in the
tender documents constituted in the Tender Notice, General Tender Notice, Instructions to
the Tenderers, General Conditions of Contract, Specifications, Technical Report, Schedule
of Quantities of work and other allied documents.
AND WHEREAS the contractor submitted his tender dated _____________ for a sum of Rs.
AND WHEREAS in exercise of its powers under Clause (IV) of sub-section (2) Section 6 of
the Mumbai Metropolitan Region Development Authority Act 1974, as amended upto-date.
The Executive Committee of the Authority approved of the said tender of the contractor
being accepted subject to the following terms and conditions.
AND WHEREAS the parties hereto are desirous of recording the Agreement so concluded
between them which they do hereinafter.
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement, words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract herein after referred to.

2. The following documents shall be deemed to form and read and construed as a part of
this Agreement, and the priority of the documents shall be as follows:
(a) the Letter of Acceptance;
(b) Work order
(c) Common set of clarifications/deviations & addendum, if any
(d) Special conditions of contract
(e) Conditions of Contract form B-1
(f) Additional General Conditions & specifications
(g) General conditions
(h) Percentage rate tender & contract for works
(i) Detailed item wise specifications
(j) Technical specifications
(k) Tender Drawings
(l) Schedule of Bill of Quantities as per schedule-B
3. In consideration of the payments 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 and remedy and defects therein conformity in all respects with
the provisions of the Contract.
4. The Employer hereby covenants to pay the contractor in consideration of the execution
and completion of the Works and the remedying of defects therein the Contract Price or
such other sum as may become payable under the provisions of the Contract at the
times and in the manner prescribed by the Contract.
IN WITNESSTH whereof the parties hereto have caused this Agreement to be executed
the day and year first before written:
Executive Eng 52
SIGNED AND DELIVERED FOR AND ON
BEHALF OF MUMBAI METROPOLITAN
REGION DEVELOPMENT AUTHORITY BY V
Engineer pursuant to Resolution Signature:
No. dated Designation
of the Executive Committee of the Authority. :
SIGNED AND DELIVERED FOR AND ON

BEHALF OF THE CONTRACTOR BY
54
:
By the Partner pursuant to Authority of their Designation:

Deed of Partnership
In the presence of :
(1)
(2)
56
Chapter - VIII Declaration
by Contractor
Contractor 57
Executive Engineer
CHAPTER - VIII
DECLARATION BY CONTRACTOR
I / We hereby declare that I have made myself thoroughly conversant with the local or
prevailing site conditions regarding availability of all construction materials and labour on
which I/we have based my rates for this tender. The specifications and lead on this work
have been carefully studied and understood by me/ us before submitting the tender. I/we
undertake to use only the best materials and method proposed to employ duly approved by
the Executive Engineer, MMRDA, Mumbai or to abide by his decision.
Executive Engineer MMRDA, Mumbai

Signature of Contractor
Executive Eng 58
Chapter - IX (a)
Percentage Rate Tender Form B-1
Contractor 59Eng
Executive
CHAPTER - IX (a)
FORM B-1
Percentage Rate Tender and Contract for Works General Rules and Directions for the
Guidance of Contractor
1. All works proposed to be executed by Contractor shall be notified in a form of e-tender

digitally signed by Engineer.
This form will state the work to be carried out as well as the date for submitting and
opening tenders, and the time allowed for carrying out the work, also the amount of
earnest money to be deposited with the tender, and the amount of the security deposit to
be deposited by the successful tenderer and the percentage, if any, to be deducted from
bills. It will also state whether a refund of quarry fees, royalties, octroi dues and ground
rents will be granted. Copies of the specifications, designs and drawings and estimated
rates, scheduled rates and any other documents required in connection with the work
shall be signed by the Engineer for the purpose of identification shall also be open for
inspection by contractors at the office of the Engineer during office hours.
Where the works are proposed to be executed according to the specifications

recommended by a contractor and approved by a competent authority on behalf of the
MMRDA such specifications with designs and drawings shall form part of the accepted
tender.
2. In the event of the tender being submitted by a firm, it must be digitally signed by a
person holding a power of attorney authorizing him to do so.
i) The contractor shall submit along with the Tender Rs. 5,95,430/- (Rupees Five Lacs
Ninety Five Thousand Four Hundred Thirty Only) as earnest money by electronic transfer.
The said amount of earnest money shall not carry any interest.
ii) In the event of his Tender being accepted subject to the provisions of sub-clause (iii)
below the said amount of earnest money may be appropriated towards the amount of
Security Deposit payable by him under condition of General Conditions of Contract.
iii) If, after submitting the tender, the contractor withdraws his offer, or modifies the same, or
if after the acceptance of his tender the contractor fails or neglects to furnish the balance
of Security Deposit, within 10 days from the date of letter of intent without prejudice to any
other rights and powers of the MMRDA, hereunder or in law, MMRDA shall be entitled to
forfeit the full amount of the earnest money deposited by him. Please see Clause 1 of
conditions of contract.
iv) In the event of his tender not being accepted, the amount of earnest money deposited by
the contractor shall unless it is prior thereto forfeited under the provisions of sub-clause
(iii) above, to be refunded to him on his passing receipt thereof.
Executive Eng 60
3. Receipts for payments made on account of any work, when executed by a firm shall also
be signed by all the partners except where the contractors are described in their tender
as a firm in which case the receipt shall be signed in the name of the firm by one of the
partners, or by some other person having authority to give effectual receipts for the firm.
4. Any person who submits a tender shall quote his offer in the prescribed space in e-
envelope C only. Tenders which propose any alteration in the works specified in the said
form of invitation to "tender" or in the time allowed for carrying out the work or which
contain any other conditions, will be liable to rejection.
5. The Chief Engineer or his duly authorized Assistant shall open e-tenders in the presence
of contractors who have submitted tenders or their authorized representatives who may
be present at the time and he will enter the amounts of the several tenders in a
comparative statement in a suitable form. In the event of a tender being accepted the
contractor shall, for the purpose of identification, sign copies of the specifications and
other documents mentioned in Rule 1. In the event of tender being rejected, the Engineer
shall authorize the Accounts Office concerned to refund the amount of the earnest money
deposited to the contractor taking the tender, on his giving a receipt for the return of the
money.
6. The officer competent to dispose of the tenders shall have the right of rejecting all or any
of the tenders.
7. No receipt for any payment alleged to have been made by a contractor in regard to any
matter relating to this tender or the contract shall be valid and binding on MMRDA unless
it is signed by the Engineer.
8. The memorandum of work to be tendered for and the Schedule of materials to be

supplied by the MMRDA and their rates shall be filled in and completed by the office of
Engineer before the tender form is issued. If a form issued to an intending tenderer has
not been so filled in and completed he shall request the said office to have this done
before he completes and delivers his tender.
9. All work shall be measured out by the standard measure and according to the rules and
customs of the MMRDA and their rates shall be subject to any local customs.
10. Under no circumstances shall any contractor be entitled to claim enhanced rates for any
items in this contract.
11. All corrections and additions or pasted slips should be initialed.
12. The measurements of work will be taken according to the usual method in use in the
MMRDA and no proposals to adopt alternative methods will be accepted. The Engineer's
decision as to what is "The usual method in use in the MMRDA" will be final.

13. The tendering contractor shall furnish a declaration along with the tender showing all
works for which he has already entered into contract, and the value of the work that
remains to be executed in each case on the date of submitting the tender.
14. Every tenderer shall submit along with the tender information regarding the Income-tax
clearance of ward or the district in which he is assessed for income-tax, the reference to
the number of the assessment and the assessment year.
15. In view of the difficult position regarding the availability of foreign exchange no foreign
exchange would be released by the MMRDA for the purchase of plant and machinery
required for the execution of the work contracted for.
16. The contractor will have to construct shed for storing controlled and valuable materials
viz. timber paint, cement etc. at work site, having double locking arrangement. The
materials will then be taken for use in the presence of MMRDA's person. No materials
will be allowed to be removed for the site of works.
17. The contractor shall also give a list of machinery in their possession and which they
propose to use on the work.
18. Contractor should produce original license / attested copy of license duly attested by a
Gazetted Officer, having registered with the Assistant Commissioner of Labour as
required as per Contract Labour (Regulation and Abolition) Act, 1970 and Maharashtra
Contract Labour (Regulation and Abolition) Rules, 1970.
19. Contractor should produce an year-wise list of works carried out during the last 3
Financial years.
20. The contractor shall produce true copies of registration certificate of appropriate class
including its validity.
Executive Eng 62
TENDER FOR WORKS
I / We agree that this offer shall remain open for minimum period of 120 (One hundred and
twenty days) from that fixed for receiving the same and hereafter 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. I have deposited the earnest
money by way of electronic transfer.
The amount of earnest money shall not bear interest and shall be liable to be forfeited to the
MMRDA should I / We fail to 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 Engineer
and furnish the Security Deposit as specified in item (d) of the memorandum contained in
paragraph 1 above within the time limit laid down in clause (i) of the Conditions of 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.
I / We have secured exemption from payment of Bid Security after executing the necessary bond
in favour of the MMRDA, a true copy of which is enclosed herewith. Should any occasion for
forfeit of bid security for this work arise due to failure on my / our part to (i) abide by the
stipulation to keep the offer open for the period mentioned above or (ii) sign and complete the
contract documents and furnish the security deposit as specified in item (d) of the memorandum
contained in paragraphs above within the time limit laid down in clause (I) of the Conditions of
Contract, the amount payable by me / us may at the option of the Engineer be recovered out of
the amount deposited in lump sum for securing exemption in so far as the same may be
extended in terms of the deficiency out of any other moneys which are due or payable to me / us
the MMRDA, under any other contract or transaction of any nature whatsoever or otherwise.
I / We hereby tender for the execution, for the Metropolitan Commissioner, MMRDA
(hereinbefore

and hereinafter referred to as 'MMRDA') of the work specified in
the underwritten memorandum within the time specified in such
memorandum at
* In figures as well as *________________________
in words.
below / above the estimated rates entered in Schedule 'B'

(Memorandum showing item of work to be carried out) and in
accordance in all respects with the specification designs, drawings
and instructions in writing referred to in Rule 1 hereof and in
clause 12 of the annexed conditions of contract and agree that
when materials for the work are provided by the MMRDA such
materials and the rates to be paid for them shall be as provided in
Schedule 'A' hereto.
Executive Eng 64
MEMORANDUM
Name of Work : Providing and Fixing Noise Barrier on Suman Nagar

flyover, Chembur & Navghar flyover, Mulund.
(a) If several sub-works are included

they should be detailed in a separate
list.
(b) Estimated Cost : Rs. Amount put to
5,95,42,983/- tender
(c) The amount of earnest money to (c) Earnest Money Rs. 1 % of amount put
be deposited shall be in accordance 5,95,430/- to tender
with the provisions of paras 206 &
207 of the MPW Manual.
(d) This deposit shall be in (d) Security Deposit 4% of Accepted
accordance with paras 213 & 214 of (i) Demand Draft or Bank tender cost
the MPW Manual.
Guarantee Rs. 11,90,860/-
ii) To be deducted from
Running account bill
Rs. 11,90,860/-
(e) This percentage where no (e) Percentage if any to be 5%

security deposit is taken will vary deducted from bills so as to
from 4 % to 10% according to the make up the total amount
requirements of the case where required as security deposit by
Security deposit is taken. the time half the works, as
measured by the costs, is done.
(f) Give schedule where necessary (f) Time allowed for the work Within 06 (Six)
showing dates by which the various from date of written order to months (including
work is to be completed. commence monsoon)
Amount to be specified in words and DD/PO No. dated from the
figures if no cash security deposit is bank in respect of the
to be taken sum of \ /-is herewith forwarded representing the
earnest money (a) the full value of which is to be
absolutely forfeited to MMRDA should I/We not
deposit the full amount of security deposit specified
in the above memorandum, in accordance with
Clause-1 (A) of the said conditions, otherwise the
said sum of ". /- shall be refunded.
Signature of Contractor before CONTRACTOR:

submission of Tender.
Address :

Dated the day of 2018
Signature of witness of Contractor's

Signature (Witness)
(Address)
(Occupation)
The above tender is hereby accepted by me for
and on behalf of the Chief, T&C Division of
MMRDA.
Signature of the Officer By whom
accepted.
Chief Engineer,
Engineering Division (or his duly Authorized

Assistant)
Dated day of 2018
Executive Eng 66
Chapter - IX (b)
Conditions of Contract Form (B-I)
Contractor 67Eng
Executive
CHAPTER: IX - (b) CONDITIONS OF CONTRACT
Security CLAUSE 1 : The person/ persons whose tender may be accepted
Deposit (hereinafter 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 up to 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
MMRDA 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 MMRDA 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 MMRDA 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 MMRDA 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 MMRDA 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
If the amount thissecurity
of the in writing.
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 along with the payment of
the final bill, if the date up to which the contractor has agreed to maintain
the work in good order is over. If such date is not over, only 50% amount of
security deposit shall be refunded along with the payment of the final bill.
The amount of security
Executive Eng 68
deposit retained by the MMRDA shall be released after expiry of
defect liability period (DLP). In the event of the contractor failing or
neglecting to complete rectification work within the period up to 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 MMRDA shall be adjusted towards the excess
cost incurred by the MMRDA on rectification work.
Compensation CLAUSE 2: The time allowed for carrying out the work (including
for delay monsoon 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 Chief
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.
V of the work in V of the time Full work in full time i. e. in 06 (Six) months
including monsoon
Subject to what
is stated in Note : The quantity of the work to be done within a particular time to
special
be specified above shall be fixed and inserted in the blank space kept
conditions of
the contract. for the purpose by the Officer competent to accept the contracts after
taking into consideration the circumstances of each case and abide by
the programmed of detailed progress laid down by the Addl. Chief
Engineer.
In the event of the contractor failing to comply with this conditions he
shall be liable to pay as compensation an amount equal to one percent
or such smaller amount as the Chief Engineer (Whose decision in
writing shall be final) may decide of the said estimated cost the whole
work for every day that the due quantity of work remains in complete.
Provided always that the total amount of compensation to be paid
under the provisions of this clause shall not exceed 10 percent of the
estimated cost of the work as shown in the tender.

Action when CLAUSE 3: In any case in which under any clause of this contract the
whole of contractor shall have rendered himself to pay compensation amounting to
security whole of his security deposit (whether paid in one sum or deducted by
a) installments) or in case of(for
abandonment of the work
The rescind the contract which decision notice in owing
writingto
to serious illness
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 MMRDA.
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 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
c)
in all
To respects
order in the
that the same
work manner
of the and atbethe
contractor rates as up
measured if it to
had been
date carried
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
In case theincurred
expenses contractasshall be rescinded
aforesaid for or under Clause
in getting the (a) above thework
unexecuted contractor
done
Executive Eng 70
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 MMRDA 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 MMRDA 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 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
any particular of the work is in accordance with the conditions mentioned in Clause 2, be
portion or the entitled to take action under Clause 3 (b) after giving the contractor 10 days
work is
notice in writing. The contractor will have no claim for compensation, for any
loss sustained by him owing to such action.
unsatisfactory
Contractor CLAUSE 5: In any case in which any of the powers conferred upon the
remains liable Chief Engineer by Clause 3 and 4 hereof shall have become exercisable and
to pay the same shall not constitute a waiver of any of the conditions hereof and
compensation such powers shall notwithstanding be exercisable in the event any future
if action is not
case of default by the contractor for which under any clause or clauses
hereof he is declared liable to pay compensation amount to the whole of his
taken under
security deposit and the liability of the contractor for past and future
Clause 3 & 4
compensation shall remain unaffected. In the event of the Chief Engineer
taking action under sub-clause (a) or (c) of Clause 3, he may, if he so
desires, take position of all or any tools, land, materials and stores in or upon
the work or the site thereof or belonging to the contractor, or procured by
him and intended to be used for the execution of the work or any past
Power to take
thereof paying or allowing for the same in account at the contract rates or in
possession of
the case of contract rates not being applicable at current market rates, to be
required certified by the Engineer may, after giving notice in writing to the contractor
removal of or 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

sale of within a time to be specified in such notice and in the event of the contractor
contractor's failing to comply with any such requisition the Engineer may remove them at
plant. 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 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 Chief 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 of 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
intermediate than rupees one thousand till after the whole of the work shall have been
certificates to completed and a certificate of completion given. But in the case of works
Executive Eng 72
be regarded as estimated to cost more than rupees one thousand, the contractor shall on
advances 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,
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
on account of accepted as having been completed fully in accordance with the sanctioned
items of work specifications. In cases where the items of work are not accepted as so
not accepted as
completed the Engineer may make payment on account of such items at such
reduced rates as he may consider reasonable in the preparation of final or on
completed to be
account bills.
at the
discretion of
Engineer
Bill to be CLAUSE 10: A bill shall be submitted by the contractor each month on or
submitted before the date fixed by the Engineer for all work executed in the previous
monthly month and the 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

printed forms
had 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
by MMRDA of any special description of materials to be supplied from the store of the
MMRDA or if 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 MMRDA 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
Works to be materials.
CLAUSE 13: The contractor shall execute the whole and every part of the
executed in work of the most substantial and workman like manner and both as regards
accordance materials and in every other respect in strict accordance with specifications.
with The contractor shall also confirm exactly fully and faithfully to the designs,
specifications,
drawings and instructions in writing relating to the work signed by the
Engineer and lodged in this office to which the contractor shall be entitled to
drawings,
have access for the purposes of inspection such office or on the site of work
orders etc.
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.
Executive Eng 74
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
and designs that may appear to him to be necessary or advisable during the progress of
not to the work, and the contractor shall be bound to carry out the work in
invalidate
accordance with any instructions in this connection which may be given to
him in writing signed by the Engineer and such alteration shall not invalidate
contracts.
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 carry out the work, inform
the Engineer of the rate which it is his intention to charge for such class of
work, and if the Engineer does not agree to this rate he shall by notice in
writing be at liberty to cancel his order to carry out such class of work, and
Rates for works arrange to carry it out in such manner as he may consider advisable,
not entered in provided always that if the contractor shall commence work or incur
estimate, for
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
schedule of
be paid in respect of the work carried out or expenditure incurred by him
rates of the
prior to the date of the determination of the rate as aforesaid according to
district.
such rate of rates as shall be fixed by the Engineer. In the event of a dispute,
the decision of the Engineer of the MMRDA 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
time in proportion that the increase in its cost occasioned by alterations of additions
consequence of bears to the cost of the original contract work, and the certificate of the
additions or Engineer as to which proportion shall be conclusive.
alterations
No claim to any CLAUSE 15 : (1) If at any time after the execution of the contract documents,
payment the Engineer shall for any reason whatsoever (other than default on

or the part of the contractor for which the MMRDA is entitled to rescind the
compensation contract) desire that the whole or any part of the work specified in the tender
for alteration in should be suspended for any period or that the whole part of the work should
or not be carried out at all he shall give to the contractor a notice in writing of
restriction 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
work
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 entitled to any claim in this
respect.
(4) In the event of :-
Executive Eng 76
(i) Any total stoppage of work on notice from the Engineer under sub-clause (1) in the
behalf,
(ii) Withdrawal by the contractor from the contractual obligations to complete the remaining
executed work under sub-clause (2) on account of continued suspension of work for a
period exceeding 90 days.
(iii) Curtailment in the quantity of item or items originally tendered on account of any
alteration, omission or substitutions in the specifications, drawings designs or
instructions under clause 14 (1) where such curtailment exceeds 25% in quantity and the
value of the quantity curtailed beyond 24 percent at the rates for the items specified in
the tender is more than Rs.5,000/-.
No claim to
It shall be open to the contractor, within 90 days from the service of (i) the notice
compensation on
of stoppage of work or (ii) the notice of withdrawal from the contractual obligations
account of loss
under the contract account of the continued suspension of work or (iii) notice
due to delay of under Clause 14 (1) resulting in such curtailment to produce to the Engineer
materials by satisfactory documentary evidence that he had purchased or agreed to purchase
MMRDA materials for use in the contracted work, before receipt by him of the notice for
stoppage, suspension or curtailment and required the MMRDA to take over on
payment, such materials at the rates determined by the Engineer. The MMRDA 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 MMRDA
for the loss suffered by him on account of delay by MMRDA 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 Majeure
iii) Act of God
iv) Act of enemies of the State or any other reasonable cause beyond the control of MMRDA.
In the case of such delay in the supply of materials MMRDA 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 MMRDA 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.
Actions & CLAUSE 17 : If at any time before the security deposit is refunded to the
compensatio n contractor it shall appear to the Engineer or his subordinate in charge of the
payable in case work, that any work has been executed with unsound, imperfect or unskillful
of bad work 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 instructions, or have a responsible agent duly accredited in writing present
for that purpose. Orders given to the contractor's duly authorized agent shall be
Contractor or
considered to have the same force and effect as if they had been given to the
responsible
contractor himself.
agent to be
present
Notice to be CLAUSE 19 : The contractor shall give not less than five days notice in writing
given before to the Engineer or his subordinate in charge of the work before covering up or
work is otherwise placing beyond the reach of measurement any work in order that the
Executive Eng 78
covered up
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, 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 ( 12 months) from the
liable for date of completion as certified by the Engineer in charge pursuant to Clause 7
damage done, of the contract if in the opinion of the Engineer, the said work is defective in
and any manner whatsoever, the contractor shall forthwith on receipt of notice in
imperfection
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 MMRDA amount of such
costs, charges and expenses sustained or incurred by the MMRDA 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 MMRDA; 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 MMRDA to the contractor either in respect of the said work or
any other work whatsoever or from the amount of security deposit detained by
Contractor to MMRDA.
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
ladders, supplied from the MMRDA stores), plant, tools, appliances, implements,
scaffolding etc. ladders, cordage, 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 these conditions or not and which may be necessary
for the purpose of satisfying or complying with the requirements of the
Engineer as to pay matter as to which

And is liable for under these conditions he is entitled to be satisfied, or which he is entitled to
damages require together with carriage therefore and from the work. The contractor shall
arising from also supply without charge the requisite number of persons with the means and
non- materials necessary for the purpose of setting out works, and counting,
provisions of
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
lights, fencing
provided by the Engineer at the expense of the contractor and the expenses
etc.
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
And is liable for person. 21-A : The contractor shall provide suitable scaffold and working
CLAUSE
damages platforms gangways and stairways and shall comply with the following
arising from on regulations in connection herewith -
provisions of
lights fencing
etc.
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
ii ) under the supervision of a competent and responsible person; and

iv) 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 there of can be displaced in
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.
Executive Eng 80
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.
ii) Every working platform and every gangway shall be closely boarded unless other
adequate measures are taken to ensure safety.
iv) every working platform and gangway shall have adequate width, and vi) 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 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 MMRDA.
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
e) Every crane driver or hoisting appliance operator shall be properly
examined.
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 laborers 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.
Measures for When such permit is given and also in all cases when destroying out or dig
prevention of up trees, brushwood, grass etc., by fire, the contractor shall take
fire unnecessary measures 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

contractor for unintentionally by contractor's labour whether in or beyond the limits of
any damage MMRDA property including any damage caused by the spreading of the fire
Executive Eng 82
done in or mentioned in clause 22 shall be estimated by the Engineer or such other
outside work officer as he may appoint and the estimates of the Engineer subject to the
area 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
without
sums that may be due or become due from MMRDA to the contractor under
reference to
this contract
The or otherwise.
contractor shall bear the expenses of defending any action or other legal
actual loss
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
Changes in the CLAUSE 28: In the case of tender by partners any change in the constitution of
any damages and cost that may be awarded by the court in consequence.
constitution of a firm shall be forthwith notified by the contractor to the Engineer for his
firm to be information.
Employment CLAUSE 24: The employment of female laborers on works in the
notified
of female neighborhood of soldiers' barracks should be avoided as far as possible.
labour
Work to be CLAUSE 29: All works to be executed under the contract shall be executed
CLAUSE 25: No work shall be done on a Sunday without the sanction in
under direction under
writingthe
of direction
the Engineer.and subject to the approval in all respects of the Engineer of
of the Engineer the MMRDA for the time being, who shall be entitled to direct at what point or
CLAUSE 26: The contractor shall not assign or sublet without the written
points and in what manner they are to be commenced, and from time to time
Work not to be approval of the Engineer. And if the contractor shall assign or sublet his
carried on.
sublet unless contract or attempt so to do or become insolvent or commence any
it is permitted proceedings to get himself adjudicated an insolvent or make any composition
contract may CLAUSE 30(1): Except
with his creditors, where to
or attempt otherwise
do or if specified in the contract
bribed, grateful, gift, loanand subject
perquisite,
toreward
the powers delegated
or advantage, to him by
pecuniary or MMRDA
otherwisethen shallineither
force directly
the decision of the
or indirectly
be rescinded
and security Engineer
be given,forpromised
the time being shall by
or offered be final, conclusiveorand
the contractor anybinding
of hison all parties
servants or
toagents
the contract upon all questions relating to the meaning
to any public officer or person in the employment of MMRDA in any of the specifications,
deposit
forfeited for designs, drawings,
way relating and instructions,
to his office or employment hereinbefore
or if any such mentioned
officer orand as toshall
person the
quality
become of inworkmanship
any way directlyor materials used oninterested
or indirectly the work inor the as contract,
to any otherthe
subletting it
without question, claim, right, matter or things, whatsoever if any,
Engineer may there upon by notice in writing rescind the contract, and the way arising out of or
relating
security to the of
deposit contracts designsshall
the contractor drawings,
thereupon specifications,
stand forfeited estimates,
and be
approval or for
bringing a instructions, orders or other conditions or otherwise
absolutely at the disposal of MMRDA and the same consequences shall concerning the works or
the execution
ensure as if the of contract
failure tohad execute the same,under
been rescinded whetherClause arising, during
3 hereof andthein
public officer if
contractors progress of the work or after completion of abandonment thereof.
addition the contractor shall not be entitled to recover or be paid for any work
become therefore actually performed under the contract.
insolvent CLAUSE 30(2): The contractor, may within thirty days of receipt by him of any
Sum payable order
CLAUSEpassed 27 :by Allthe
sums Engineer
payable asbyaforesaid, appeal
a contractor by way against it to the Additional
of compensation under
by way of Metropolitan Commissioner, MMRDA provided that -
any of these conditions shall be considered as reasonable compensation to be
a) The accepted value of the contract exceeds Rs.8.0 crores (Rupees eight
compensation applied to the use of MMRDA without reference to the actual loss or damage
crores)
to be sustained, and whether any damage has or has not be sustained.
b) Amount of claim is not less than Rs.25.00 lakhs (Rupees Twenty Five lakhs)
considered as
reasonable
compensation CLAUSE 30 (3) : If the contractor is not satisfied with the order passed by the
Additional Metropolitan Commissioner, MMRDA 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, MMRDA is not frivolous and that there is some 83
Contractor Executive Engineer
substance in the claim of the contractor as would merit a detailed examination
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 MMRDA all stores and
European or articles of European or American manufacture which may be required for the
American work or any part thereof or in making up any articles required therefore or in
manufacturer to connection therewith unless he has obtained permission in writing from the
be obtained
Engineer to obtain such stores and articles elsewhere.
from MMRDA
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
no specification as mentioned in Rule 1, such work shall be carried out in
specification accordance with the MMRDA specifications and in the event of there being no
MMRDA'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.
Executive Eng 84
Contractor's CLAUSE 35: The percentage referred to in the tender shall be deducted from
percentage or added to the gross amount of the bill before deducting the value of any stock
whether applied issue.
to net or gross
amounts of
bills
Refund or CLAUSE 36: All quarry fees, royalties and ground rent for stacking materials, if
quarry fees and any should be paid by the contractor.
royalties
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 1923 (VIII) of 1923 (hereinafter called the said Act) for injuries caused to the
compensation workmen. If such compensation is payable, paid by MMRDA as principal under
Act
sub-section (1) of Section 12 of the said Act on behalf of the Contractor, it shall
be recoverable by MMRDA 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
a) therewith.
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
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
entered in the special provision contained in the specifications prescribing a different
tender or percentage of permissible variation, the quantity varies by more than 25
estimates
percent or so long as the value of the excess quantity, at the rate of item
specified in the tender, is not more than 5% 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. For the purpose of operation of this clause this cost shall
be taken to be Rs. 5,95,42,983/-.
(3) Claims arising out of reduction in the tendered quantity of any item beyond
25 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 5% 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 5% of the initial contract price.
Employment of CLAUSE 39: The contractor shall employ any famine, convict or other labour of
famine etc. a 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 works, on account of any delay in according sanction to estimates.
starting the
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 rates are inclusive of hard or cracked soil, excavation in mud, sub-soil water or
execution of water standing in borrows and no claim for an extra rate shall be entertained,
work
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
Executive Eng 86
commencing sub-ordinate in charge of the work, failing which the contractor shall have no
any portion of claim to ask for measurements or payment for work.
work
Minimum age of CLAUSE 43: (i) No Contractor shall employ any person who is under the age
persons of 14 years.
employed; the
employment of
donkeys
And or other (ii) No contractor shall employ donkeys or other animals with breaching of
animals and the string or thin rope. The breaching must be at least three inches wide and
payment of fair should be of tape (Nawar).
wages
(iii)No animal suffering from sores, lameness or emaciation or which is
immature 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 MMRDA 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 decisions of the Engineer shall be conclusive and binding on the
contractor, but such decision shall not in any way affect the conditions in the
contract regarding the payment to be made by MMRDA 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 by cheque drawn on any
payment bank with division convenient to them 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 not
condition be allowed to tender for work.

before
tendering for
works
Employment of CLAUSE 46: If Government declares a state of scarcity of famine to exist in

Scarcity of any village situated with 10 miles of the work, the contractor shall employ upon
Labour such 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
Executive Eng 88
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 MMRDA 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 MMRDA to the contractor (ii) hire charges in respect of heavy plant,
machinery and equipment given or hired by the MMRDA to the contractor shall
be deemed to be arrears of land revenue and the MMRDA may without
prejudice to any other rights and remedies of the MMRDA, 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
Maharashtra 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 Maharashtra 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 MMRDA 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 MMRDA to such workers shall be deemed to arrears of
land revenue and the MMRDA shall be entitled to recover the same as such
from the contractor or deduct the same from the amount payable by the
MMRDA to the contractor hereunder or from any other amounts payable to him
by the MMRDA.

Chapter - IX (c)
Price variation clause
90
CHAPTER - IX (c)
PRICE VARIATION CLAUSE
1. If during the operative period of the contract as defined in condition (i) below, there shall
be any variation in the Consumer Price Index (New Series) for Industrial workers for
Mumbai center as per the Labour Gazette published by the Commissioner of Labour
Government of Maharashtra and / or in the wholesale price Index for all commodities
prepared by the office of Economic Adviser, Ministry of Industry, Government of
India, as compared to the respective figure therefore, on the date 30 days before the
last date prescribed for receipt of tender and / or in the prices of Petrol / Oil and
lubricants, then, subject to the other conditions mentioned below, price adjustment
on account of :
(i) Labour component
(ii) Material component ; and
(iii) POL component
which respectively are 8%, 80% and 12% of the total cost of work put to tender,
calculated as per formula hereinafter appearing, and shall be made. (Total of all
these three components will be 100) and the other components as per actual.
(A) Formula for Labour Component :

V1 = 0.85 x (P- Cost of Schedule 'A' x K1 x ( L1- L0 )
materials used ) 100 LO
Where =
Executive Eng 92
VL = Amount of price variation in Rupees to be allowed for Labour
Component. P =Cost of work done during the period under consideration K1 =
Percentage of Labour Component as indicated above.
LO = Basic Consumer Index for Mumbai Centre shall be average consumer
price index for the quarter in which the last date prescribed for
receipt of tender falls.
L1 = Average Consumer Price Index for Mumbai Centre during the period
under consideration.
(B) Formula for Materials Components:

V2 = 0.85 x (P- Cost of Schedule 'A x K2 x ( Ml-MO )
materials used ) 100 MO
Executive Eng 94
= Amount of price variation in Rupees to be allowed for Materials
Component. = Cost of work done during the period under
Consideration
Where =
V2
P
Contractor Executive 95
Engin
K2 = Percentage of Materials Components as indicated above.
MO = Basic Wholesale Price Index shall be average wholesale price index for
the quarter preceding the month in which to the last date prescribed
for receipt of tender falls.
M1 = Average Wholesale Price Index during the period under consideration
actor Executive Eng 96

(C) Formula for Petrol, Oil and Lubricant Component :
Contractor 97
Executive Engineer
Executive Eng 98
V3 = 0.85 x (P- Cost of Schedule 'A' x K3 x ( P1-PO )
materials used ) 100_ PO
Contractor 99
Executive Engineer
Executive Eng 100
Amount of price variation in Rupees to be allowed for
POL Component.
Cost of work done during the period under consideration.
Percentage of Petrol, Oil and lubricant component.
= Average price of H.S.D. at Mumbai, the quarter preceding the month
in which to the last date prescribed for receipt of tender falls.
Average price of H.S.D. at Mumbai during the period
under consideration
Where =
V3
P
K3
P0
P1
Contractor 101
Executiv
Executive Eng 102
II Conditions referred to in Paragraph - I:
(i) The Operative Period of the contract shall mean the period -
Commencing from the date of the work order issued to the contractor and ending on
the date when the time allowed for the work specified in the Memorandum under
Tender for work expires, taking into consideration the extension of time, if any, for
completion of the work granted by Engineer-in-charge under relevant clause of the
conditions of contract in cases other than those where such extension is
necessitated on account of default of the contractor. The decision of the Engineer-in-
charge as regards the Operative Period of the contract shall be final and binding on
the contractor. Where compensation for liquidated damages is levied on the
contractor on account of delay in completion of inadequate progress under relevant
contract provisions, the escalation amount for the balance work from the date of levy
of such compensation shall be worked out by paging the indices to levels
corresponding to the date from which such compensation is levied.
(ii) This price variation clause shall be applicable to all contracts in B-1, B-2 and C forms
but shall not apply for piece works.
(iii) The price variation under this clause shall not be payable for the extra items required
to be executed during the completion of the work and also on the excess quantities
payable under the provisions of Clause 38/37 of the contract form B1/B2
respectively, since the rates payable for the extra items or the extra quantities under
Clause 38/37 are to be fixed as per the current DSR or as mutually, agreed to yearly
revision till completion of such work. In other

words, when the completion / execution of extra items as well as extra quantities under
Clause 38/37 of the contract form B1/B2 extends beyond the operative date of the
then DSR, the rates payable of the same beyond that date shall be revised with
reference to the next current DSR prevalent at that time on year to year basis or
revised in accordance with mutual agreement thereon, as provided for in the
contract, whichever is less.
(iv) This clause is operative both ways, i.e. if the price variation in the said Wholesale
Price Index for all commodities, Consumer Price Index (New Series) or price of HSD
for Mumbai is on the plus side, payment on account of the price variation shall be
allowed to the contractor and if it is on the negative side, the Government shall be
entitled to recover the same from the contractor and the amount shall be deductible
from the contractor's bill for nay amount due and payable under the contract
iv) This clause is operative both ways, i.e. if the price variation in the said Wholesale
Price Index for all commodities, Consumer Price Index (New Series) or price of HSD
for Mumbai is on the plus side, payment on account of the price variation shall be
allowed to the contractor and if it is on the negative side, the Government shall be
entitled to recover the same from the Contractor and the amount shall be deductible
from the contractor's bill for the respective period in which there are fluctuation.
Executive Eng 104

Chapter IX - (d)
Schedule ‘A'
Contractor 105
Executive
Engineer
CHAPTER : IX - (d)
SCHEDULE 'A'
NAME OF WORK : Providing and Fixing Noise Barrier on Suman Nagar

flyover, Chembur & Navghar flyover, Mulund. Mumbai
Schedule showing (approximately) the materials to be supplied from the MMRDA'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 -------------------

NTT ........
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.
Executive Eng 106

Chapter - X Schedule
‘B'
Contractor 107
Executive
Engineer
CHAPTER X - SCHEDULE 'B'
Name of Work: Providing and Fixing Noise Barrier on Suman Nagar flyover, Chembur & Navghar
flyover, Mulund
Rate (Rs)
Quantity Item Description In words Unit Amount
In
figure (Rs)
Providing of Noise barriers on

Suman Nagar, Chembur &
Navghar, Mulund flyovers as per
enclosed drawings and
specifications. All Noise bi-
absorbent, mono – absorbemt
panels must confirm to the
requirements of the European
standards EN 1793 & 1794 and
must be certified panels.
Elevan
5407.50 1 Structural steel for post, plates, Square
etc., should be hot dip
11011.00 Thousand & 5,95,41,983/-
meter
Galvanised with a coat of primer Elevan Only.
and two coats of epoxy finish
paint of approved shade.,
complete with all materials,
labour, equipment, including all
leads and lifts.
Approx. Length = 1545 Rmt.
Mono absorbant barrier = 1200
Rmt.
Total Rs. 5,95,41,983/-

Rupees : Five Crores fourteen lacs thirty nine thousand eight hundred and fifty only.
Executive Eng 108

Chapter - XI
Technical Specifications

SPECIFICATIONS FOR ITEMS IN SCHEDULE B
Name of Work : Providing and Fixing Noise Barrier on Suman Nagar flyover,
Chembur & Navghar flyover, Mulund.
Item Item Performance Material Specifications

Description Specifications
1. Steel Posts -- Steel posts of universal
columns UC 152, plates and
cleats as per IS 2062, duly
fabricated as per drawing. All
welding as per IS 816. All steel
members are to be hot dip
galvanized to IS 4759 with one
coat for primer (30-35 DFT) and
two coats for finish paint (total
60-65 DFT) of approved shade.
Posts are fastened to the
flyover with M 20 anchors
and chemical grout (Hilti RE
500 or equivalent).
2. Anchor for Steel Pull out tests upto 5.50 Galvanized steel anchors as
posts : Ton per anchor. per IS 1367 & IS 4759 grouted
with Hilti chemical grout (RE
500 or equivalent.)
3. Noise Mono absorbent panels to Noise absorbent perforated
Absorbent be of Class A4 B3 certified and plain panels made from
Panels: panels conforming to the 1.2 mm thick aluminum
requirements of EN 1793 sheets sandwiched with
(Acoustic performances – water repellent rock wool as
Part 1, 2 & 3) & 1794 per IS 8183 of 50mm thk.
(Non-acoustic having a density of 90 kg/m 3 .
performances – Part 1 – Aluminum panels shall be
Wind load). (Test reports powder coated (DFT 60-65
to be annexed). microns). Aluminum material
for the panels should confirm
to grades ALU 1050A/ALU
3004/ALU 3105 or
equivalent. All panels to be
closed with poly propylene
end covers.
4. Sound proofing Sound proofing panels to Sound proofing panels made
panels: be of Class B3 certified from 15mm thickness PMMA
panels conforming to the tinted transparent sheets
requirements of EN 1793 framed in steel bolted
(Acoustic performances – framed and encased with
Part 2) & 1794 (Non- EPDM rubber gasket. Steel
acoustic performances – frame is hot dip galvanised
Part 1 – Wind load). (Test as per IS 4759 and powder
reports to be annexed). coated (DFT 60-65 microns).
or Executive Eng 110

Table A1 - Categories of absorptive performance of panels
DLα Db
Category
Not determined
A0
A1
<4
A2
4 to 7
A3
8 to 11
A4 12 to 15
A5 >15
Table 2 - Categories of airborne sound insulation
DLR dB
Category
Not determined
B0
B1
< 15
B2
15 to 24
B3
25 to 34
B4 >34
MUMBAI METROPOLITAN REGION DEVELOPMENT

AUTHORITY
CHAPTER
-XI Methodology for Erection of
Noise Barriers
a. Reconnaissance survey along with the engineers of
MMRDA includes taking preliminary levels of the surface
of footpath on which barrier to be installed and noise
levels at the specified locations. Survey to be done at the
cost of contractor only).
b. Submission of work bar chart.
c. Site visits of MMRDA officials on one of the site

successfully completed by the contractor. (a site must
be from one of the site for which contractor has
produced the work done certificate of the

required/minimum quantity specified in tender.)
d. Supply of sample noise barrier as per the
specifications from the contractor.
e. Testing of the noise barrier components in approved
laboratory (approved by MMRDA/expert appointed by
MMRDA)in India or Abroad (at the cost of contractor
only). The results obtained so, shall be got
certified/approved by MMRDA/ expert appointed by
MMRDA.
f. Approval to the sample nose barrier from competent
authority of MMRDA.
g. Reinstating the damaged footpath, drain, wall
compound, road furniture, if any.
h. Fixing of noise barriers.
i. Executing finishing items and finally cleaning the surface.
j. Recording noise levels at specific locations (at the same
locations where noise levels were recorded before
starting barrier erection work and at some other
locations as decided by competent authority of MMRDA.
(This is done at the cost of contractor only).
The methodology mentioned above is just a rough guideline

only and is for the purpose of chalking out programme bar
chart, which is to be submitted by the contractor. However,
MMRDA's decision in this matter will be final and binding on
the contractor.
or Executive Eng 112

Chapter - XII
Drawings & Location Plan
(Separately attached)

DTP Mmrda Sumannagar

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MUMBAI METROPOLITAN REGION DEVELOPMENT

Providing and Fixing Noise Barrier on

ENGINEERING DIVISION M.M.R.D.A MMRDA Building, 5th floor, A-Wing Bandra-Kurla

Contractor Executive Engineer 1

MMRDA E-Tendering portal :

Earnest Security Period

Providing and Fixing Noise

All information regarding e-tendering is available on above portal.

Date: 05/01/2017 Sd/-

Detailed e-Tender Notice and guidelines for submission

Contractor Executive Engineer 3

Detailed e-Tender Notice and guidelines for submission of tender

DETAILED TENDER NOTICE AND GUIDELINES FOR SUBMISSION OF TENDER

DETAILED E-TENDER NOTICE

Sr. Estimated cost Earnest Money

2. The tenderer must possess valid GST certificate.

7. Joint ventures shall not be allowed.

Contractor Executive Engineer 5

MMRDA Portal: http://etendermmrda.maharashtra.gov.in

Contractor Executive Engineer 7

Date: - 05/04/2017 Sd/-

1.1 Location of the work:

Scope of work in brief:

Contractor Executive Engineer 9

1.3 Earnest Money and Security Deposit:

Details of Earnest Money:

Earnest Money as mentioned in condition above against of work should be paid by

1.5 Details of Security Deposit :

1.7.1 Tender Rates:

1.9 (a) Conditional tender shall not be accepted.

(o). Bids from joint ventures are not accepted.

2. GUIDELINES FOR SUBMISSION OF E-TENDER

Tenderer shall upload scanned copies of the following:

a) Receipt of e-tender fee

Contractor Executive Engineer 13

Tenderer shall upload scanned copies of the following:

e) Tenderer must provide a pre-barrier installation report and a post-barrier installation

Available Bid Capacity = (A x N x 2) – B

B = Value of existing commitments and works (Ongoing) to be

i) Annual turnover for last 3 financial years.

b.6 Procedure for Tender opening

Contractor Executive Engineer 15

Bank Guarantee Bond

We, ____________________________________________________________ (hereinafter

2. We, ________________________________________________ (indicate name of the bank) do

4. We, (indicate name of the Bank) further

Contractor Executive Engineer 17

7. We, _______________________________________________________________ (indicate the

Details to be submitted by e-tenderer

Particulars of the Tenderer :

1) Previous experience in execution of similar works :

Name and address of the Tenderer :.....................................................

Note: True copies of testimonials may be attached

Signature of Tendrer Address

Sr No Name of Descriptio Contract Value of Date of Stipulated Actual Remarks

NAME OF TENDERER: _____________________

Sr Name of No. of Kind of Capacity Age and Present Remarks

4) LIST OF TECHNICAL PERSONNEL OF THE TENDERER LIKELY TO BE APPOINTED

THESE ARTICLES OF AGREEMENT made at Mumbai this_day of__