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NAVI MUMBAI MUNICIPAL CORPORATION
GARDEN DEPT
TENDER NOTICE NO.-NMMC/GARDEN/B1/65(5)/2019-20
Removal of Dead and dangerous trees / branches from public as well as
private premises in “F” Ward GHANSOLI for the period of 5 years.
Date of sale - 13/03/2020 to 20/03/2020 up to 13.00 Hours
Date of submission - 20/03/2020 At -15.00 Hours
to
23/03/2020 up to At- 15.00 Hours
Date of Opening - 23/03/2020 At 16.00 Hours
Tender Price Rs. 590/- (Non – Refundable)
(Rs.500 + S.GST (9%) - 45/- & C.GST (9%) - 45/-) To be paid by Net banking / any Bank Credit or Debit Card.
Tender Document
VOLUME 1
TENDER INFORMATION
MUNICIPAL COMMISSIONER NAVI MUMBAI MUNICIPAL CORPORATION Municipal Head Office Building
Plot no 1, Near Killegaonthan, Palmbeach Junction, sector 15A, CBD, Belapur , Navi Mumbai – 400614.
TENDER 2019
NAVI MUMBAI MUNICIPAL CORPORATION GARDEN DEPT
RE-TENDER NOTICE NO.-NMMC/GARDEN/B1/65(5)/2019-20
Removal of Dead and dangerous trees/ branches from public as well as private
premises in “F” Ward GHANSOLI for the period of 5 years.
VOLUME I – TENDER INFORMATION
Section 1 : Tender Notice. Section 2 : Instructions to Tenderers.
Section 3 : Form of Tender, Appendix to Tender, Qualification
Information. Section 4 : Form of Securities & Agreement.
VOLUME II - TECHNICAL SPECIFICATIONS
Section 1 : Specifications
Navi Mumbai Municipal Commissioner
Navi Mumbai Municipal Corporation
VOLUME - 1
TABLE OF CONTENTS
Section No.
Title
1
.
Tender Notice.
2.
Instruction to Tenderers.
3
Forms of Tender, Appendix to Tender & Qualification Information.
4
Form of Securities & Agreement.
Volume 1 : Section 1
e-Tender notice
Schedule ‘A’
NMMC invites Tenders in B-1 form through E-Tendering system from Contractors Registered or
unregistered who completes terms & condition mentioned in tender document for Works
below 1.50 Cr. Blank Tender forms will be available from 13/03/2020 up to 20/03/2020 1:00
hrs on E-Tendering website www.nmmc.maharashatra.etenders.in To download the blank
tenders, the bidders shall pay tender cost paid through online payment gateway by using
Credit Card/Debit Card of any bank or by Net Banking in favour of NMMC. The Tender should
be submitted through E-Tendering system only on the web site www.nmmc.maharashatra.
etenders.in before 20/03/2020 upto 3.00 hrs .
1. Name Of work - Removal of Dead and Dangerous trees / branches from Municipal as
well as private premises in "F" Ward GHANSOLI for the period f ive years
2. Estimated Cost Of Work - Rs.34,07,400/-
3. Persons responsible For This Work- DMC (Garden)
Horticulture Officer
Asst. Horticulture Officer
Garden Superintendent
Ward officer
4. Period Of Sale Of Tender
Documents. From 13/03//2020 to 20/03/2020 downloaded from
official web site (www.nmmc.maharashtra.etenders.
in) of the Corporation
5. Cost Of Each Tender Form Rs.500/- +18% GST Total Rs.590/- Payable through online
payment gateway by Debit/Credit Card of any Bank or by
Net Banking from bidders/Agencies bank account only, in
favour of Navi Mumbai Municipal Corporation. Online
receipt for the same should be uploaded with the technical
documents.
6. Earnest Money Rs.34,100/-
Payable through online payment gateway by Debit/Credit
Card of any Bank or by Net Banking from bidders/ Agencies
bank account only,in favour of Navi Mumbai Municipal
Corporation . Online receipt for the same should be uploaded
with the technical documents.
Fixed EMD is not Considered for any Tender.
7. Last Date Of Receipt of Tender 20/03/2020 Up To 13.00 Hours
8. Probable Date And Time of Opening - Date 23/03/2020 At -16.00 Hour Of Tender
(If Possible)
9. Eligibility
Registration - NIL
I) Turn Over -Annual Financial turnover during the last 5 Years, Ending 31st march of the
previous financial year, should be at least 75% of the annual cost of this work.
Annual Cost = (Total Cost of the Work)
Completion period in years)
II) Experience – Lead bidder should have one of the following experiences within the last five years for the development of horticulture works in government/semi government/ Municipal Corporation and public sector undertaking.
1. Three completed works of similar type of work in government / semi
government/ Municipal Corporation and public sector undertaking not less
than in around 40% (Rs.13,62,960/-) (Actual tender cost Rs. 34,07,400/-)
OROROROR
2. Two completed works of similar type of work in government / semi
government/ Municipal Corporation and public sector undertaking not less
than in around 50% (Rs.17,03,700/-) (Actual tender cost Rs. 34,07,400/-)
OROROROR
3. One completed works of similar type of work in government / semi
government/ Municipal Corporation and public sector undertaking not less
than in around 80% (Rs.27,25,920/-) (Actual tender cost Rs. 34,07,400/-)
III) Bid Capacity - (A x N x 1.5) – B
Where as A = Maximum Annual Turnover of last five years
(As per current rate)
N = Period of work
B = Work cost of work in hand (during tender period)
IV) Qualified Personnel – 1) Graduate in Agriculture / Horticulture/forestry/ botany. -01 Nos.
or
2) Diploma in Agriculture / Horticulture. – 02 Nos.
V) Equipment & Machinery Required –
Bill Hook, Axe, Electric Chain Saw Machine, Petrol / diesel Chain
Saw Machine, Manually operated Chain Saw Machine, Pick axe,
Ghamela, Spade, Crow bar, Hand saw should be have with
contractor & ownership is mandatory.
Undertaking for hiring for Lorry, JCB, Hydra to be hired whenever
required should be given on Rs.500/- stamp paper.
VI) Certification - Tenderer should have valid Registration certificate
10. Validity Period – The Offer Of The Contractor Shall Remain Valid For 120 Days From
The Date Of Opening Of Tender.
11. Total Security Deposit (2.00%)-Rs.68,148/- (To be paid at the time of agreement),
(Security deposit & Bank Guaranty drown in the favor of NMMC from National/
Commercial Scheduled bank only.)
12. Contract Period - 5 Years (to be renewed annually for continuation, in accordance
with General Conditions of Contract- 69.b
13. Defects Liability Period - After completion 1 Year
14. Others:- Price Variation Clause.- No price variation clause applicable as the work has
100% budget provision.As per GR No.सीएट�/2017/�..08/इमा-2, द.27/09/2019,
Para No.2.9.5
15. 1) Tenderer/Bidder Should Submit Affidavit & Undertaking In Requisite Format On
Rs.500/- Stamp Paper.
2) Tenderes/Bidders Should Note That As Per The Construction Workers Welfare Act
1996, 1% Cess Of Contract Value Towards The Welfare Of Construction Workers
Will Be Deducted From The Bills.
16. Additional Performance Security Deposit - The agency have to submit an undertaking along
with Techical documents mentioned that “Additional Performance Security Deposit
submitted in envelope No.2”.
The agency will have to furnish an additional 1 % Security Deposit quoted by it below 10%
and in case the agency quotes 14% below the cost put to tender, it will have to furnish an
additional security deposit of (14%) –(10%) = 4% i.e. (1%) + (4% ) = 5% . If agency quotes
15% Below the cost put to tender, it will have to furnish an additional security deposit of
(19%)-(15%) = 4% x 2= 8% in financial Envelope No.(2) in the form of Bank Guarantee/FDR
of any Govt. Bank or Schedule Bank having MICR and IFSC Code in the name of concern
authority. The validity of Bank Guarantee should be upto defect liability period of works
from the date of issue (For detail Please refer the GR No. सीएट�/2017/�..08/इमा-2,
द.27/09/2018, For online Tender, The Agency Should upload the Scan Copy of Bank
guarantee/FDR with Technical Document.
If contractor not submitted online Additional Performance Security Deposit then he
has to submit it within maximum 08 days without fail as per the GR No.सीएट�/2017/
�..08/इमा-2, द.26/11/2018.
17. Tenderer/Bidder Should submit Affidavit and Undertaking in Requisite format on
Rs.500/- Stamp Paper and All Scheduleds are in prescribed format & updated upto
date.
18. The bidder must have to submit the HARD COPY within 72 hours after the bid lock
Every document is self attested by the bidder. Bidder must have to produce the original
documents for verification wheneven NMMC required. (as per the GR No.GR No.GR No.GR No.सीएट////
2012012012019999//// ....�....121212120/0/0/0/ इमा----2, 2, 2, 2, �द....17171717////09090909////2019.)2019.)2019.)2019.)
19. As Per Government of Maharashtra Circular, GST has been come into account from 1st
July, 2017 So Henceforth while quoting tender, Tenderer has to consider the GST factor
(GR No शासन प�रप�क -जीएसट�-2017/�..81/कराधान/ द.19/08/2017 and द.11/09/2017)
20. If the bidder is Unemployd Engineer (सु�श��त बेरोजगार अ�भयंता),He have to submit
Undertaking in the technical documents as per GR No. सीएट� 2017/�.ं.69/इमारती-2,
������ 31 �� ,2018.
21. Tenderer/Bidder Should submit Affidavit on Rs500/- Stamp Paper in the prescribed
format regarding the documents submitted in the tender. as per the GR No. सीएट�/
2019/�..127/इमा-2, द.28/11/2018.
22. All uploaded documents should be clear and readable.
Signature of Tenderer No. of corrections Signature of DMC (GARDEN)
Volume 1 : Section 2
Instructions to Tenderer
Volume – 1. Sec. 2 – INSTRUCTIONS TO TENDERERS
CONTENTS
A. General
1. General
2. Source of Funds
3. Eligible Tenderers
4. Qualification of the Tenderer
5. One Tender per Tenderer
6. Cost of Tenderer
7. Site Visit B. Tenderer Documents
8. 16
9. 16
10. Amendment of Tenderer Documents C. Preparation of Tenderers
11. 11
12. 11.1
13. Tenders Prices
14. Currencies of Tenderer and Payment
15. Tenderer Validity
16. Earnest Money Deposit (E.M.D.)
17. List of Approved Banks.
18. Alternative Proposals by Tenderers
19. Meeting for Clarifications of the Tenderer Document
20. Format and Signing of Tenderer D. Submission of Tenderers
21. Deadline for Submission of Tenderers
22. Process to be Confidential
23 Examination of Tenderers and Determination of Responsiveness E. Award of Contract
30. Award of Contract
31. Employer’s Right to Accept any Tenderer and to Reject any or all
Tenderers
32. Notification of Award
33. Signing of Agreement
34. Performance Security
35. Corrupt or Fraudulent Practices
36. deleted
37. Mandatory Conditions
38. Legal and Stationery Charges
39 PROFORMA (I to VII-B)
INSTRUCTIONS TO TENDERERS A General
1.1 The N A V I M U M B A I M U N IC I PA L C O R PO R A T IO N has undertaken Removal of
Dead and Dangerous trees/branches from public as well as private premises in GHANSOLI node,
Municipal Commissioner of Navi Mumbai Municipal corporation (referred to as Employer in
these documents) invites tenders for the work of Removal of Dead and Dangerous trees/branches
from public as well as private, society, Government and semi Govt. Limited / Pvt. Ltd Company
Premises.
Various contractors are invited to submit their technical and financial tender in the
prescribed 1.2 The successful Tenderer will be expected to complete the Works by the Intended Completion Date specified in the Tender Data or in respective Work Order issued.
2. Sources of Funds Internal Funds
3. Eligible Tenderers 3.1 This invitation for Tenders is open to all Tenderers subject to post qualification of the
Tenderer as per the criteria set. 3.2 Not used.
4. Qualification of the Tenderer 4.1 All Tenderers shall submit a written power of attorney authorizing the signatory of the
Tender to commit the Tenderer. They shall submit the following information. a Evidence of Access to Lines of Credit / or solvency and Availability of other Financial
Resources; b Financial Predictions for the current year and the two following years, including the effect
of known commitments; c Work Commitments acquired; d Current Litigation Information; e Availability (owned) of various Equipment.
4.2 Not used 4.3A All Tenderers shall include the following information and documents with their
Technical Tender (Part ‘A’) (a) Copies of original documents defining the constitution or legal status, place of
registration, and principal place of business; written power of attorney of the signatory of the Tender to
(b) Document indicating the total monetary value of Removal of Dead and Dangerous
Trees / branches work performed for each of the last five years; (c) Details of similar type of works under way or contractually committed; and clients who may
be contacted for further information on those contracts; (d) Not used (e) Qualifications and experience of key site management and technical personnel proposed
for the Contract. Personal, signed, Curriculum Vitae’s of the members; (f) Reports on the financial standing of the Tenderer, such as profit and loss c statements
and auditor's reports, Balance-Sheet for the past five years alongwith CA Certified
(g) Evidence of adequacy of working capital for this contract (access to line (s) of credit
and availability of other financial resources) ; (h) Authority to seek references from the Tenderers bankers (i) Liquid assets and/or availability of credit facilities of not less than 15% of tender cost (Credit
lines/letter of credit/certificates from Banks for meeting the funds requirement etc.) (j) Information regarding any litigation or arbitration resulting from contracts executed by
the Tenderer in the last five years or currently under execution. The information shall
include the names of the parties concerned, the disputed amount, cause of litigation,
and matter in dispute; 4.3B Additional requirements for Individual (Single entity) Tenderer
In addition to all requirements as per clause 4.3A the single entity Tenderer will furnish
following details
(a) Not Used. (b) Documents & photographs showing satisfactorily completed, as a bidder works of "Removal
of Dead and Dangerous trees/branches ",having value as follows Lead bidder should have one of the following experiences within the last five years for the development of horticulture works in government/semi government/Municipal Corporation and public sector undertaking.
1. Three completed works of similar type of work in government / semi government/
Municipal Corporation and public sector undertaking not less than in around 40%
(Rs.13,62,960/-) (Actual tender cost Rs. 34,07,400/-)
OROROROR 2. Two completed works of similar type of work in government / semi government/
Municipal Corporation and public sector undertaking not less than in around 50%
(Rs.17,03,700/-) (Actual tender cost Rs. 34,07,400/-)
OROROROR 3. One completed works of similar type of work in government / semi government/
Municipal Corporation and public sector undertaking not less than in around 80%
(Rs.27,25,920/-) (Actual tender cost Rs. 34,07,400/-)
requisite Amount for five years as per tender notice and as desired by staff of
NMMC the site shall have to shown by the tenderer at his risk and cost.
(c) Not used. (d) Not used. 4.4 Qualification Criteria:
To qualify for submission of Tender document, each Tenderer in its name should have : i Satisfactorily completed as a bidder work of same nature or horticultural
development and maintenance having value during last 5 years as below: Lead bidder should have one of the following experiences within the last five years for the development of horticulture works in government/semi government/Municipal Corporation and public sector undertaking.
4. Three completed works of similar type of work in government / semi government/
Municipal Corporation and public sector undertaking not less than in around 40%
(Rs.13,62,960/-) (Actual tender cost Rs. 34,07,400/-)
OROROROR 5. Two completed works of similar type of work in government / semi government/
Municipal Corporation and public sector undertaking not less than in around 50%
(Rs.17,03,700/-) (Actual tender cost Rs. 34,07,400/-)
OROROROR 6. One completed works of similar type of work in government / semi government/
Municipal Corporation and public sector undertaking not less than in around 80%
(Rs.27,25,920/-) (Actual tender cost Rs. 34,07,400/-)
4.5 To qualify for the contracts for which tenders are invited in the Instructions for
Tenderers, the Tenderer must demonstrate having experience and resources sufficient to
meet the aggregate of the qualifying criteria for the individual contract. 4.6 Even though the Tenderers meet the above qualifying criteria, they are subject to be
disqualified if they have-
•made misleading or false representations in the forms, statements and attachments submitted
in proof of the qualification requirements; and/or
•record of poor performance such as abandoning the works, not properly completing the
contract, inordinate delays in completion, litigation history, or financial failures etc. and/or
•Participated in the previous Tender for the same work and had quoted unreasonably high
tender prices and could not furnish rational justification to the employer.
5. One Tender per Tenderer
•Tenderer from one proprietor company can quote for all bids. However, successful tenderer
allotted only one bid.
6. Cost of Tender
The Tenderer shall bear all costs associated with the preparation and submission of his Tender,
and the Employer will in no case be responsible or liable for those costs, regardless of
the conduct or outcome of the Tendering process. 7. Site Visit
7.1 The Tenderer, at the Tenderer's own responsibility and risk, is encouraged to visit and
examine the Site of Works and its surroundings and obtain all information that may be necessary for preparing the Tender and entering into a contract for the subject mentioned
work. The cost of visiting the Site shall be at the Tenderers own expense.
B Preparation of Tenders 8. Language of Tender
8.1 All documents relating to the Tender shall be in English language. 9. Tenders Prices
9.1 All taxes, duties and levies including fees and royalties payable by the Contractor under the contract, or for any other cause, shall be included in the total Tender price submitted
by the Tenderer.
10. Currencies of Tender and Payment 10.1 The prices shall be quoted by the Tenderer entirely in Indian Rupees.
11. Tender Validity 11 Tenders shall remain valid for 120 days, A tender validity for a shorter period shall be rejected
12. Earnest Money Deposit (E.M.D.) 12.1 The Tenderer shall furnish, as part of his Tender, an Earnest Money Deposit in the
amounts
stipulated in the Tender data. This E.M.D. shall be paid through online system . The firms /
contractors, who are already registered with NMMC and have paid Standing Deposit, shall also
have to submit E.M.D. Through online payment system only.
If tenderer quote more than one bid, should submit E.M.D amount stipulated in the tender data
for that respective bid.
12.2 The E.M.D. may be forfeited. EMD shall be paid through online payment system only as per circular no. CA/FRD-I/22 dt 20.10.2015.
(a) if the bidder submits vague/false/forged documents.
(b) if the Tenderer withdraws the Tender after Tender opening during the period of Tender
validity;
or
(c) if the Tenderer does not accept the correction of the Tender Price, pursuant to Clause 28; or
(d) in case of a successful Tenderer, if the Tenderer fails within the specified time limit to i)
sign the Agreement . 12.3 Deleted
13 Alternative Proposals by Tenderer The tender has to be submitted in the required format. Any alternative proposal by the
Tenderers will not be accepted. 14 Meeting for clarifications of the Tender Document
14.1 The Tenderer or his official representative is invited to attend a meeting which will take place at
the venue and time stipulated in the Tender data
14.2 The purpose of the meeting will be to clarify issues and to answer the questions on any matter that
may be raised at that stage.
14.3 The Tenderer is requested to submit any questions in writing or by cable to reach the Employer
not later than 1 day before the meeting. 14.4 Non-attendance at the meeting will not be a cause for disqualification of a Tenderer.
15. Format and Signing of Tender 15.1 The Tenderer shall prepare documents comprising the tender as described in Clause 12 of these
Instructions to Tenderers. Tender shall be submitted online on NMMC website
(www.nmmc.maharashatra.etenders.in ) under e- Tender tab.
15.2 The Tender must be digitally signed.
15.3 The Tender shall contain no alterations, omissions or additions unless such corrections shall
be initialed by the person or persons signing the Tender. 16 Submission of Tenders
The tenderers will submit bid in two packets, i.e. packet ‘A’, packet and packet ‘B’
online under e-tender tab on NMMC website (www.nmmc.maharashtra.etenders.in).
Packet ‘A’ shall contain the certified copies of the following documents. These copies
shall be certified by the Officer not below the rank of Dy. Municipal Commissioner, NMMC
or Practicing Notary approved by of the Govt. of Maharashtra or Govt. of India with his
stamp, with or without a red seal clearly stating his name and registration number, except
where original documents are demanded.
The Packet A shall be uploaded in separate folders provided under Vendor Documents
Folder.
a.Tender shall be submitted online the date specified and shall be received up to 13:00 hrs on
the due date of submission at website specified in the tender notice. During the opening of
the tender Packets, the tenderers / their authorized representatives may attend. b. Packet ‘A’ will be opened online on specified date. Thereafter the list of non-
responsive tenderer will be informed that their tenders have been treated as non-responsive,
specifying the reasons. The list of same will be uploaded on NMMC website.
c. Packet ‘B’ of only the eligible and responsive tenderer(s) shall be opened on specified
/scheduled date, the price quoted, and other relevant details shall be read out.
d. Any change in date and time of opening of Packet ‘A and B’ as specified in the tender
notice, will be displayed at NMMC website.
e. The Corporation reserves the rights to reject all or any of the tender(s) without assigning any
reason.
17. Process to be Confidential
Information relating to the examination, clarification, evaluation and comparison of
Tenders and recommendations for the award of a contract shall not be disclosed to Tenderers
or any other persons not officially concerned with such process until the award to the
successful Tenderer has been announced. Any effort by a Tenderer to influence the
of Tenders or award decisions may result in the rejection of his Tender and his disqualification.
18. Examination of Tenders and Determination of Responsiveness
Prior to the detailed evaluation of Tenders, the NMMC will determine whether each Tender [a] meets the eligibility criteria;
[b] has been properly digitally signed;
[c] is accompanied by the required securities;
[d] is responsive to the requirements of the Tendering documents; and
[e] provides any clarification and/or substantiation that NMMC may require to determine the
responsiveness. 19 Award of Contract 19.1 Subject to Clause 25 ( Mandatory conditions) the Employer will award the Contract to the
Tenderer whose Tender has been determined to be responsive to the Tender documents and
who has offered the lowest evaluated Tender price. 20 Employer’s Right to Accept Any Tender and to Reject Any or All Tenders 20.1 The Employer reserves the right to accept or reject any Tender, and to cancel the Tender
process and reject all Tenders, at any time prior to the award of Contract, without thereby
incurring any liability to the affected Tenderer or Tenderers or any obligation to inform the
affected Tenderer or Tenderers of the grounds for the Employer’s action.
21 Notification of Award 21.1 The Tenderer whose Tender has been accepted will be notified of the award by the Employer
prior to expiration of the Tender validity period by cable, telex, email or facsimile confirmed by
registered letter. This letter (hereinafter and in the Conditions of Contract called the “Letter of
Acceptance”) will state the sum that the Employer will pay the Contractor in consideration of
the execution, completion of the works and the remedying of any defects therein by the
contractor as prescribed by the Contract (hereinafter and in the Contract called “the Contract
21.2 The notification of award will constitute the formation of the Contract, subject only to
the
21.3 Upon the furnishing by the successful Tenderer of the Performance Guarantee pursuant to ITB ,
the Employer will promptly notify the other Tenderers that their Tenders have been unsuccessful.
21.4 If, after notification of award, a Tenderer wishes to ascertain the ground on which his Tender was
not selected, he should address his request to the employer. The employer will promptly
respond in writing to the unsuccessful Tenderer. 22. Signing of Agreement 22.1 At the same time that the employer notifies the successful Tenderer that his Tender has been
accepted, the employer will send the Tenderer the agreement in the form provided in the
Tender documents, incorporating all agreement between the parties.
22.2 Within 28 days of receipt of agreement, the successful Tenderer will sign the Agreement
and deliver it to the Employer, together with the required documents and charges.
22.3 Upon fulfilment of necessary procedure, documents and compliance of requered clauses
the employer will promptly notify the other Tenderers that there Tenders have been unsuccessful
and their E.M.D. will be returned as promptly as possible, in accordance with clause no.16.
23. Performance Security \ Bank Guarantee.
23.1 Within 15 days of receipt of the Letter of Acceptance, the successful Tenderer shall deliver to the
Employer a Performance Guarantee in the form stipulated in the Tender data and the conditions
of contract. The form of performance guarantee provided in section 7 of the Tender document shall be used.
23.2 If the performance security is provided by the successful Tenderer in the form of a Bank
Guarantee, it shall be issued either a) at the Tenderer’s option, by a Nationalized/Scheduled Indian
Bank or (b) by a foreign bank located in India and acceptable to the Employer. Such
guarantees shall be enforceable within jurisdiction of competent courts in Mumbai.
23.3 Failure of the successful Tenderer to comply with the requirements of Sub Clause 25
shall constitute sufficient grounds for cancellation of the award and forfeiture of the E.M.D., and any such other remedy the employer may take under the contract, and the employer
may resort to awarding the contract to the next ranked Tenderer.
24. Corrupt or Fraudulent Practices
The NMMC requires that Tenderers/Suppliers/Contractors under contracts, observe the highest
standard of ethics during the procurement and execution of such contracts. In pursuance of
this policy, NMMC
a) defines, for the purposes of this provision, the terms set forth below as follows : “corrupt
practice” means the offering, giving, receiving or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract
execution; and
“fraudulent practice” means a misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of the employer, and
includes collusive practice among Tenderers (prior to or after Tender submission) designed to establish Tender prices at artificial non-competitive levels and to deprive the employer of the
benefits of free and open competition.
b) will reject a proposal for award if it determines that the Tenderer recommended for award
has engaged in corrupt or fraudulent practices in competing for the contract in question.
c) will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a contract if it any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for, or in executing, a contract.
25. Mandatory Conditions
Tenderers are requested to note that their Tender shall be rejected if the Tenderer
A stipulates the validity period less than what is stated in the form of Tender. B stipulates with hedging condition/ own conditions
C does not fill in & sign the Tender form . D Deleted. F does not disclose the full names and addresses of all partners in the case of partnership concern. G does not submit the following document.
Power of Attorney.
Evidence of access to lines of credit and availability of other financial resources.
Financial predictions for the current year and the two following years including the effect of known commitments.
Work commitments acquired.
Copies of original documents defining the constitution or legal status, place of registration, and principal place of business; written power of attorney of the signatory
of the Tender to commit the Tenderer.
Total value of Removal of Dead and Dangerous trees/branches work performed for each
of the last three years.
Experience in works of a similar nature and size for each of the last three years, and
details of works under way or contractually committed; and clients who may be contacted for further information on those contracts.
Reports on the financial standing of the Tenderer, such as profit and loss statements
and auditor's reports for the past three years.
Does not have digitally signed all documents submitted on line for this tender.
H Not used.
I have used fraudulent and corrupt means. J does not submit the Tender before the hour and date fixed for accepting the Tender.
26 Deleted 27 The operator should maintain daily inventory of all item /machinery/instruments / material & it
should be made available whenever required.
28 The Agency appointed for the work needs to take in account the cost of about 2% of contract value
for the third party certification using Management Information System. The common Management
information System agency shall be appointed by the department. If case of default in payment to
the Management information system agency the Deputy Municipal Commissioner shall deduct the
payment from the contractor and and pay to Management Information System on contractors risk and cost.
29 The contractor is expected to carry out the work in such manner as not be cause any damage to
any property on account of negligence or otherwise. The Contractor shall be fully responsible for
making good the damages so caused by him entirely as his own cost.
30 The assets/works/Facilities/Systems of the Corporation shall be at the risk and in the sole charges
of the Contractor and the Contractor shall be responsible for making good any loss or damage
there to arising from any cause whatever including that due to a theft or robbery.
31 The Operator shall provide adequate engineering equipment, garden equipments , maintenance
staff, inventories, and machinery, Vehicle, Telephone connection and all other things, whether of a
temporary or permanent nature required for carry out Operations under the Contract.
32 Ladder Van will provided by NMMC. Charges per day per vehicle Rs.2000/- will be recovered
from contractor.
27. Stamp duty on works contract agreement
27 a. Where the amount or value exceeds Rs. 10 lakh - five hundred rupees plus 0.1 % of the amount,
above Rs. ten lakh subject to the maximum of rupees twenty five lakh stamp duty.
28. Solvency Certificate :-
Sr. No. Class Rs. 1 up to 3 Cr. 30,00,000/-
29. Cost of tender documents is Rs. 500/- + 90/- Appropriate GST as per govt. norms.
Name of the Project
Name of the Employer
Cost of the Project
Date of Issue of
Work Order
Stipulated Date of
Completion
Actual Date of Completion
Actual Cost of Contract Done
Remarks explaining
reasons for
delay, if any 1 2 3 4 5 6 7 8
Sr.
No.
Post
Name Qualification
Work Experience (Prime Candidate /
Alternate)
No. of Years
Name of Projects
1 Horticulturist/botanist 2 Site supervisor
PROFORMA
PROFORMA – I The list of Removal of Dead and Dangerous trees/branches works during last five years:
Sr.
No.
Name of the
Project
Name of the
Employer
Stipulated Date
of Completion
Actual Date of
Completion
Actual Cost of
Work Done
1 2 3 4 5 6
NOTE : 1) Attested copies of completion / performance certificates from the Removal
of Dead and Dangerous trees/branches works in charge should be annexed.
2)Works shall be grouped financial year-wise.
PROFORMA – II Yearly turnover during the last five (5) years.
Sr. No Financial
Year
Annual Turnover Updated Value
to Current Year
Average of
Last 5 years
Page No.
1
2
3
4
5
TOTAL :
PROFORMA – III Removal of Dead and Dangerous trees/branches works work having average turnover in the last
five years.–
Note: Attested copies of completion / performance certificates from the Horticultural incharge
should be annexed.
PERSONAL :
PROFORMA– V
NOTE: Attested copies of qualification certificates and details of work experience shall be
submitted.
Sr.No Equipment No. Owned Documents at Page
1 2 3 4 5
PROFORMA – VI / A MACHINERY :
Sr.N
o
Equipment
No. Owned / Leased / Assured
Access
Documents at Page
1 2 3 4 5
PROFORMA – VI / B
NOTE : The tenderer(s) shall furnish the requisite documents.
PROFORMA – VII/ A Details of Existing Commitments and opening works :
Description
of work Place Contract No.
& Date Name &
Address of the
Employer
Value of
Contract in
Rs.
Scheduled Date
of Completion Value of work
remaining to
be completed
Anticipated Date
of Completion
1 2 3 4 5 6 7 8
PROFORMA – VII / B Details of works for which bids are already submitted –
Description of
work Place Name & Address
of the Employer Value of
Contract in Rs Time Period Date on which
decision is expected Remarks
1 2 3 4 5 6 7
Note : Attested copies of certificates from the Horticultural in charge for each work annexed.
Volume 1: Section 3
General Conditions of Contract Tenderer shall note that if the conditions of GCC are in variance with the following conditions contained in
the tender document, conditions of the tender document shall prevail.
Interpretations and Definitions
1 Singular and Plural Where the context so requires, words importing the singular shall also mean the plural and vice versa.
2 Headings and Marginal notes to
Conditions
Headings and marginal notes to these conditions shall not be deemed to form
part thereof or be taken into consideration in the interpretation or construction
thereof or of the contract.
3 Gender Words importing the masculine gender shall also include the feminine gender.
4 Definitions (a)The “Employer” shall mean the Municipal Corporation for Navi
Mumbai/Municipal Commissioner for Navi Mumbai Municipal corporation, for
the time being holding the said office and also his successors and shall also
include all “Additional Municipal Commissioners, Director (superintendent
of Gardensing Services & Projects)” and the Deputy MunicipalCommissioners, to whom the powers of the Municipal Commissioner, have
been deputed under section 56 and 56-B of Mumbai Municipal Corporation
Act.
(b)The “Contract” shall mean the tender and acceptance thereof and the formal
agreement if any, executed between the Contractor, Commissioner and the
Corporation together with the documents referred to therein including these conditions and appendices and any special conditions, the specifications,
designs, drawings, price schedules, bills of quantities and schedule of rates.
All these documents taken together shall be deemed to form one Contract and
shall be complementary to one another.
(c)The “Contractor” shall mean the individual or firm or company whether
incorporated or not, undertaking the works and shall include legal
representatives of such individual or persons composing such firm or unincorporated company or successors of such firm or company as the case
may be and permitted assigns of such individual or firm or company.
(d)“Contract sum” means the sum named in the letter of acceptance including
Physical contingencies subject to such addition thereto or deduction there-
from as may be made under the provisions hereinafter contained.
(e)Note : The Contract sum shall include the following :
•In case of lump sum contract, the sum for which tender is accepted.
•Special discount/Rebate/Trade discount offered by the tenderer if any and accepted by the Corporation.
•Additions or deletions that are accepted after opening of the tenders.
(f)“Excepted risks” are risks due to riots (otherwise than among Contractor’s
employees) and civil commotion (in so far as both these are uninsurable), war
(whether declared or not), invasion, act of foreign enemies, hostilities, civil
war, rebellion, revolution, insurrection, military or usurped power, any act of
government, damage from aircraft, acts of god, such as earthquake, lightning
and unprecedented floods and other causes over which the Contractor has no control and accepted as such by the Commissioner or causes solely due to use
or occupation by the Municipal Corporation of the works in respect of which a
certificate of completion has been issued or a cause solely due to faulty municipal design of work.
(g)The “Corporation” or the “Municipal Corporation” shall mean the
NAVI MUMBAI MUNICIPAL CORPORATION, constituted under the
M.M.C. Act. (h)The “Annexures” referred to in these conditions shall means
the relevant annexure appended to the tender papers issued by the Municipal
Corporation. (i)The “Site” mean the land and other places “more specifically
mentioned in the special conditions of the tender”, on, under, in or
through which the permanent works or temporary works are to be executed
and any other lands and places provided by the Municipal Corporation for
working space or any other purpose as may be specifically designated in the
contract as forming part of the site.
(j)“Urgent works” shall mean any urgent measures which in the opinion of the
superintendent of Gardens become necessary during the progress of the work
to obviate any risk of accident or failure or which become necessary for
security.
(k)The “Works” 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.
(l)“Construction Plant” shall mean all appliances or things of whatever nature
required in or about the execution, completion or maintenance of the works or temporary works (as here in after defined) but shall not include materials or
other things intended to form or forming part of the Permanent Works.
(m) “Temporary Works” shall mean all Temporary Works of every kind
required in or about execution, completion or maintenance of the work.
(n) “Approved” shall mean approved in writing including subsequent
confirmation of previous verbal approval and “approval” shall mean approval
in writing including as aforesaid.
(o)“Specification” means the specification referred to in the tender and any
modification thereof or addition or deduction thereto as may from time to time
be furnished or approved in writing by the superintendent of Gardens.
(p)“Tender” means the Contractor’s priced offer to the Employer for the
execution and completion of the Works and the remedying of any
defects therein in accordance with the provision of the Contract, as accepted
by the Letter of Acceptance.
(q)“Letter of Acceptance” means the formal acceptance by the Employer of the
tender.
(r)“Commencement Date” means the date upon which the Contract receives
the notice to commence issued by the Superintendent of Gardens pursuant to Clause 64.
(s)“Time for Completion” means the time for completing the execution of and
passing the Tests on Completion of the Works or any Section or part thereof as
stated in the Contract (or as extended under Clause 64 calculated from the
Commencement Date.
5. Duties and powers of
the superintendent of
Gardens’s representative
The duties of the representative of the Superintendent of Gardens are to
check, watch and supervise work and to test and examine any material to be
used or workmanship employed in connection with the works. He shall have no authority to relieve the Contractor of any of his duties or obligations under
the contract nor to except as expressly provided here under or elsewhere in the
contract to order any work involving delay or any extra payment by the Municipal Corporation nor to make any variation of or in the works.
The Superintendent of Gardens may from time to time in writing delegate
to the Superintendent of Gardens's representative any for the powers or
authorities vested in the Superintendent of Gardens and shall furnish to the
Contractor a copy of all such written delegations of powers and authorities.
Any written instruction or approvals given by the Superintendent of Gardens’s Representative to the Contractor with the terms of such delegation (but not
otherwise) shall be binding on the Contractor as if given by the Superintendent
of Gardens.
Failure of the representative of the Superintendent of Gardens to disapprove
any work or material shall not prejudice the power of the Superintendent of
Gardens thereafter to disapprove such work or material and to order thepulling down, removal or breaking up thereof.
If the contractor shall be dissatisfied with any decision of the
representative of the Superintendent of Gardens he shall be entitled to refer thematter to the Superintendent of Gardens who shall thereupon confirm, reverse
or very such decision. 6 Work to be in
accordance with
Contract.
Superintendent of
Gardens’s decision.
Unless it is legally or physically impossible, the Contractor shall execute
and complete the Works and remedy and defects therein in strict accordance
with the Contract to the satisfaction of the Superintendent of Gardens.
The whole of the work shall be under the direction of the Superintendent
of Gardens, whose decision shall be final, conclusive and binding on all parties
to the contract, on all questions relating to the construction and meaning of
plans, working drawings, sections and specifications connected with the work. 7 Assignment The Contractor shall not assign transfer or attempt to assign, transfer the
Contract or any part thereof, or any benefit or interest therein or there under
otherwise than by a charge in favour of the Contractor’s bankers of any Money
due or to become due under this contract, without the prior written approval of
the Commissioner. 8 Sub-letting The Contractor shall not sub-let or attempt to sub-let the whole of the works.
Except where otherwise provided by the Contract, the Contractor shall not
sub-let any part of the works without the prior written approval of the
Superintendent of Gardens, which shall not be unreasonably with-held, and
such approval, if given, shall not relieve the Contractor from any liability or
obligation under defaults and neglects of any sub-contractor, his agents,
servants or workmen as fully as if they were the acts, defaults or neglects of
the Contractor, his agents, servants or workmen. Provided always that the
engagement of labour on a piece-work basis or labour with material not to be
incorporated in the work shall not be deemed to be a sub-letting under this
Clause. 9 Deleted. 10 Contract documents. The Contractor shall be furnished, free of charge, two certified true copies of
the contract documents and all further drawings which may be issued during
the progress of the work. He shall keep one of these documents on site in
good order, and the same shall at all reasonable time be available for inspection and used by the Superintendent of Gardens , his representative, or
other inspecting officers.
None of these documents shall be used by the Contractor for any purpose other
than that of this contract. 11 Language/s The language of the Contract shall be English and all correspondence,
drawings, etc. shall conform to the English language.
12 Works to be carried
out The work to be carried out under the Contract shall, except as otherwise
provided in these conditions, include all labour, materials, tools, plant,
equipment and transport which may be required in preparation of and for and in the full and entire execution and completion of the works. The descriptions
given in the specification of maintenance wok of plot, unless otherwise stated,
be held to include waste on materials, carriage and cartage, carrying in, return
of empties, hoisting, setting, fitting and fixing in position and all other labour
necessary in and for the full and entire execution and completion as aforesaid
in accordance with good practice and recognized principles. 13 Security
Deposit (a) The Contractor shall pay a Security Deposit / Performance
Security equal to 03 (three) percent of the Contract sum for due
fulfillment of the Contract. In case the original Contract is varied and
Contract sum has increased, the Contractor will have to pay two percent
Security Deposit on revised Contract sum, within a period of one month
from the receipt of intimation in writing of acceptance of the varied
Contract.
The mode of making this Deposit is as under:
a) Initial or Contract deposit :
1) A sum, amounting to two percent of the contract sum shall be
paid within 15 days after receipt of intimation in writing of
acceptance of tender. It is optional to the Contractor to make the
Contract deposit in one or the other of the following ways :
(i) Wholly in case; or 17
(ii) Wholly in public securities; or
(iii) Partly in cash and partly in public securities; or
(iv) By way of General Undertaking and Guarantee issued on behalf of
the Contractors by the Bank on approved list of the Municipal
Corporation, provided the Bankers Guarantee is renewed as required
and / or directed from time to time so as to cover the entire period of
the contract including the extended period, till completion of
the defects liability period and thereafter the time required for prepara-
tion of the final bill by the Contractors after the accounts are finalized,
i.e. upto the period the final bill is admitted for payment, subject to the
provisions contained in condition no.20d hereafter.
2) If the security deposit / performance security is paid in the manner
as clause (ii) or (iii) of sub-para(1) above, the value of public
securities to be lodged as deposits shall be taken as ten
percent below the market value on the day of acceptance or at their face
value whichever is less.
In case the deposit is paid by the transfer of G.P. Notes, the
endorsement in favour of the Municipal Corporation should be “pay to
The Municipal Commissioner of Greater Mumbai or order” and should
bear the “EXAMINED” stamp of the Public Debt Office, Reserve Bank
of India.
In case of Mumbai Municipal debentures, the transfer endorsement
should bear the “EXAMINED” stamp of the State Bank of India.
All the charges for safe custody and withdrawal or collection of
interest etc. on the paper deposit shall be payable by the Contractor.
Securities en faced for payment of interest in Mumbai only shall be 13.b Retention money Deleted.
13.d Refund of Security
Deposit. (d) The Security Deposit will be refunded only after the finalization of
final bills, settlement of account of works in all respect and ensuring that the completion of development and maintenance work, on
certification by the Superintendent Of Gardens.
14.a Inspection of site
and sufficiency of tender.
(a)The Contractor shall inspect and examine the site and its surrounding and
shall satisfy himself before submitting his tender as to the nature of the
ground and subsoil (so far as is practicable), the form and nature of the
site, the quantities and nature of the work and materials necessary for
the completion of the works and means of access to the site, the
accommodation he may require and in general shall himself obtain all
necessary information as to risk, contingencies and other circumstances
which may influence or affect his tender. (b)The Contract shall be deemed to have satisfied himself before
tendering as to the corrections and sufficiency of his tender for the
work and of the rates and prices quoted , which rates and prices
shall, except as otherwise provided, cover all his obligations under the
Contract and all matters and things necessary for proper completion
and maintenance of the works. No extra charges consequent on any
14.c Not foreseeable
physical
obstructions or
conditions.
(c) If, however, during the execution of the Works the Contractor
(d) encounters physical obstruction or physical conditions, other than
climatic conditions on the Site, which obstructions or conditions were,
in his opinion, not foreseeable by an experienced contractor, the
Contractor shall forthwith give notice thereof to the superintendent of
Gardens. On receipt of such notice, the superintendent of Gardens shall, if in his opinion such obstructions or conditions could not have
been reasonably foreseen by an experienced contractor, after due
consultation with the Contractor, determine : i) the amount of any costs which may have been incurred by the
Contractor by reason of such obstructions or conditions having been
encountered, which shall be added to the Contract Price. And shall notify the Contractor accordingly. Such determination shall take
account of any instruction which the Superintendent of Gardens may
issue to the Contractor in connection therewith, and any proper and
reasonable measures acceptable to the superintendent of Gardens which the
Contractor may take in the absence of specific instructions from the
superintendent of Gardens. 15 Deleted 16 Contractor’s office
near works The Contractor shall have an office near the works at which notice from
the Commissioner or the superintendent of Gardens may be served and shall,
between the hours of sunrise and sunset on all working days, have a clerk or
some other authorized person always present at such office upon whom such
notices may be served and service of any notices left with such clerk or other
authorized person or at such office shall be deemed good service upon the
Contractor. 17.a. Use of Municipal
land. (a)The Contractor shall not be permitted to enter on other than for
inspection purposes) or take possession of site until instructed to do so by the superintendent of Gardens in writing. The portion of the site to
be occupied by the Contractor shall be defined and/or marked on the
site plan, failing which these shall be indicated by the
superintendent of Gardens and the Contractor shall on no account be
allowed to extend his operations beyond these areas. The Contractor
will be allowed to use such land, free of charge, for the purpose of
sheds, offices thereon for themselves and for the superintendent of
Gardens and his subordinates and shall remove the same from the
ground on the completion of the works, or when required to do so, by thesuperintendent of Gardens after receiving 7 days notice. He shall make
good any damage which may have been done and restore to good
condition any thing which may have been disturbed during the period ofhis occupation.
any portion of the site of the works, for any other purpose than the
carrying out of works under this Contract. In the event of there being on
plot or ground or insufficiency of ground belonging to the Corporation available for the above purpose, the Contractor shall provide other such
ground at this own cost. The Contractor shall in any case pay all taxes
which may have to be paid in respect of all ground, sheds or offices used
as above, and all the license fees, etc, that may be demanded for the
storage or otherwise of the various articles as per rules in force. The
Contractor shall provide, if necessary or if required on the site all
temporary accesses thereto and shall alter, adopt and maintain the same as
required from time to time and shall take up and clear them away as and
when no longer required and make good all damage done to the site. 18 Contractors’ staff The Contractor shall employ in only such persons which are skilled and are
experienced in their several trades and the superintendent of Gardens shall be
at liberty to object and direct the Contractor to remove from the works any
person, employed by the Contractor in or about the execution of the works,
who in the opinion of the superintendent of Gardens/ Hoticulture Asstt/ Jr.Tree officer. misconducts himself or is incompetent or negligent in the proper
performance of his duties and such person shall not be again employed upon
the works without permission of the superintendent of Gardens/HoticultureAsstt../ Jr.Tree officer.
19 Contractors’
supervision The Contractor shall himself supervise the execution of works or shall appoint
competent agent approved by the superintendent of Gardens/Hoticulture Asstt.
to act in his stead. If, in the opinion of the superintendent of Gardens /
Hoticulture Asstt. the Contractor has himself not sufficient knowledge and
experience to be capable of receiving instructions or cannot give his full
attention to the works, the Contractor shall at his own expense, employ as his
accredited agent an superintendent of Gardens or a suitably qualified and experienced person approved by the superintendent of Gardens/Hoticulture
Asstt.. The name of the agent so appointed, along with the qualifications,
experience and address shall be communicated to the superintendent of
Gardens/Hoticulture Asstt.. The agent shall be a responsible person
adequately authorized by the Contractor to take decision on site and to spend
money if required for procuring material and labour etc. to carry out emergency works in the interest of the contract work, if so required by the
superintendent of Gardens/Hoticulture Asstt.. Orders given to Contractor’s
agent shall be considered to have the same force as if these had been given to
the Contractor himself. If the Contractor fails to appoint a suitable agent as
directed by the superintendent of Gardens/Hoticulture Asstt.,/Jr.Tree officer.
the superintendent of Gardens/Hoticulture Asstt./Jr.Tree officer. shall have full
powers to suspend the execution of the works until such date as a suitable
agent is appointed and the Contractor shall be held responsible for the delay so
caused to the Works. 20 Precautions for works
in thoroughfares While the execution of any work is in progress in any street or thoroughfare
the Contractor at his own cost shall make adequate provision for the passage
of traffic, for securing safe access to all premises approached from such street or thoroughfare, and for any drainage, water supply or means of lighting or
any other utility service which may be interrupted by reason of execution of
the work. Whenever it may be necessary to stop the traffic in any street or thoroughfare permission must first be obtained from the superintendent of
Gardens/ Horticulture Asstt. and the Contractor shall then put up such
barriers and adopt such other measures or take precautions as may be
necessary or as the superintendent of Gardens may direct for regulation of
traffic. The work shall in such cases be executed night and day or for as long
a period as practicable if so ordered by the superintendent of Gardens, and
with such speed and vigor as he may require, so that the traffic may be
impeded for as short a time as possible. The Contractor shall remove the
the necessity for them has ceased. Care shall be taken by the Contractor to
cause the least possible obstruction to traffic during the progress of the work. 21 Maintenance of
underground utility
services.
All the underground utility services such as water pipes, gas pipes, drains,
sewers, cables, etc., which may be met up in or about any excavation, shall if
the superintendent of Gardens deem it practicable, be properly maintained and protected by the Contractor himself or through other agency by means of
shoring, strutting, planking over, padding or otherwise as directed by the
superintendent of Gardens during the progress of the work without claiming
any extra charges. Any damage to these underground utility services shall be
immediately remedied by the Contractor or by other agency at his own cost,
failing which the superintendent of Gardens may with or without notice adopt such measures as he may deem necessary at the risk and cost of the Contractor.
If on the other hand, the superintendent of Gardens considers it impracticable
for the Contractor to maintain any such underground utility services and that
the exigencies of the work necessitate, the breaking down, removal or
diversion of the said utility services, the cost of such breaking down, removal
or diversion including that of rebuilding, replacing, diverting and reinstating of
any such utility services shall be paid to the Contractor if done by him.
However, the cost of providing pumps, chutes or other appliances as the
superintendent of Gardens may direct for the raising or temporary passage
of the water or sewage and the cost of pumping out or removing as often as
the superintendent of Gardens may direct, any water or sewage which may
escape 22 Fencing, watching and
lighting The Contractor shall provide and maintain at his own expense all lights,
guards, fencing and watching, when and where necessary or as required by the
superintendent of Gardens for the protection of the safety and convenience of those employed on the works or the public. In the event of failure on the part
of the Contractor, the superintendent of Gardens may with or without notice to
the Contractor put up a fence or improve a fence already put up or provide and/or improve the lighting or adopt such other measures as he may deem
necessary, and all the cost of such procedures as may be adopted by the
superintendent of Gardens shall be borne by the Contractor. In addition the
superintendent of Gardens may impose such fines or penalty as the
superintendent of Gardens may deem reasonable, under condition No.100. 23 Materials obtained
from Excavation Materials of any kind obtained from excavation of the site shall remain the
property of the Municipal Corporation and shall be disposed off as the
superintendent of Gardens may direct. 24 Treasure Trove Fossils
etc. All fossils, coins, articles of value or antiquity and structural and other remains
things of geological or archaeological interest discovered in or upon the site
shall be absolute property of the Municipal Corporation and the Contractor shall duly preserve them and shall take precautions of prevent his workmen or
any other person from removing or damaging any such articles or thing and
shall immediately upon discovery thereof and before removal acquaint the
superintendent of Gardens with such discovery and shall from time to time
deliver the same to such person or persons as the superintendent of Gardens
may from time to time appoint to receive the same at the expense of the
Corporation. 25 Protection of trees Trees designated by the Hoticulture Asstt. shall be protected from damage
during the course of the work and earth level within one meter of each such
tree shall not be changed. Where necessary, such trees shall be protected
temporary fencing. All such cost shall be borne by the Contractor. 26 Contractor to preserve
peace The Contractor shall at all times during the progress of the work take all
requisite precaution and use his best endeavors for preventing any riotous or
unlawful behavior by or amongst the workers and other employed on the works and for the preservation of peace and protection of the inhabitants and
security of property in the neighborhood of the works. He shall also pay the
charges of such special police (if any) as the superintendent of Gardens may
deem necessary. 27 Sanitation 28 Safety Provisions The Contractor shall at his own expense arrange for the safety provisions
indicated in Annexure ‘C’ or as required by the superintendent of Gardens, in respect of all labour directly or indirectly employed for performance of the
Works and shall provide all facilities in connection therewith. In case the
Contractor fails to make arrangements and provide necessary facilities as
aforesaid, the superintendent of Gardens shall be entitled to do so and recover
the costs thereof from the Contractor. 29 Provisions of first aid The Contractor shall at his own cost provide and maintain at the site of works
a standard first aid box as directed and approved by the superintendent of
Gardens for the use of his own as well as the Municipal staff on site. 30.a Employment of
Labour (a)The Contractor shall employ the labour in sufficient numbers to maintain
the required rate of progress and of quality to ensure workmanship, of the
degree specified in the contract and to the satisfaction of the
superintendent of Gardens. The Contractor shall not employ in
connection with the Work and child who has not completed his 15th year
of age. He shall also not employ an adolescent who has not completed his
18th year unless he is certified fit for work as an adult as prescribed under
clause (b) of sub-section (2) of section 69 of the Factories Act, 1948.
The Contractor shall also see that all the provision regarding employmentof young persons covered by the Employment of Children Act, 1933 and
the Factories Act, 1948 as amended from time to time shall be fully
complied with. The Contractor shall also see that the provisions set for
under the Minimum Wages Act and contract regulation and abolition Act
1970 with the Maharashtra Contract Labour (regulation and abolition)
Rules 1971 as amended from time to time are fully complied with by him
and shall maintain necessary registers and records for payment of wages,
overtime, etc. made to his workmen as required by the Conciliation
Officer (Central), Ministry of Labour, Government of India, or such other
authorized person appointed by the Central or State Government.
The Contractor shall make his own arrangement for the engagement of all
labour local or otherwise.
The Contractor shall indemnify the Municipal Corporation or any agent,
servant or employee of Municipal Corporation for any lapses on the part
of Contractor on account of non compliance of above referred acts. 30.b Supply of water (b) The Contractor shall having regard to local conditions, provide on the site
to the satisfaction of the superintendent of Gardens’s representative, an
adequate supply of drinking and other water for the use of Contractor’s
staff and work people. 30.c Alcoholic liquor or
drugs. (c)The Contractor shall not otherwise than in accordance with statutes,
ordinances and Government regulation or orders for the time being in
force, import, sell, give, barter or otherwise dispose of any alcoholic liquor or drugs, or permit or suffer any such importations, sale, gift, barter
or disposal of his sub-contractor, agents or employees. 30.d Arms and
ammunitions (d)The Contractor shall not give barter or otherwise dispose off to any person
or persons, any arms or ammunitions of any kind or permit or suffer the
same as aforesaid. 30.e Festivals and
Religious custom (e)The Contractor shall in all dealings with labour in his employment have due
regard to all recognized festivals, days of rest and customs religious or other customs.
30.f Epidemics (f)In the event of any out-break of illness of an epidemic nature the contractor
shall comply with and carry out such regulations, orders and requirements
as may be made by the Government or the local medical or sanitary
authorities for the purpose of dealing with and over coming the same. 30.g Disorderly conducts
etc. (g)The Contractor shall at all times take all reasonable precautions to prevent
any unlawful, riotous or disorderly conduct by or amongst his employees
and for the preservation of peace and protection of persons and property
in the neighbourhood of the works against the same. 31 Compliance with
Labour Regulation. During compliance of the contract, the Contractor and his sub-contractors shall
abide at all times by all existing labour enactments and rules made there under,
regulations, notifications and bye laws of State or Central Government or local authority and any other 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 provisions quoted are only
indicative. The Contractor should refer the latest labour regulations bye laws etc. The Contractor shall keep the Employer indemnified in case any action is
taken against the Employer by the Competent authority on account of
contravention of any of the provisions of any Act or rules made there under,
regulations or notifications including amendments. The Employer is caused to
pay or reimburse, such amounts as may be necessary to cause of observe, or
for non observance of the provisions stipulated in the notifications including
amendments if any, on the part of the contractor, the superintendent of
Gardens/Employer shall also have right to recover from the Contractor any
sum required or estimated to be required for making good the loss or damage
suffered by the Employer.
The employees of the contractor and the sub-contractor in no case shall be
treated as the employees of the Employer at any point of time.
SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE
TO ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTION WORK.
(i) Workman Compensation Act 1923.
The Act provides for compensation in case of injury by accident arising out of
and during the course of employment.
(ii) Payment of Gratuity Act 1972.
Gratuity is payable to an employee under the Act on satisfaction of certain
conditions on separation if an employee has completed 5 years service or more
or on death at the rate of 15 days wages for every completed year of service.
The Act is applicable to all establishments employing 10 or more employees. (iii) Employees PF and Miscellaneous 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
(a)Pension or family pension on retirement or death as the case may be.
(b)Deposit linked insurance on the death in harness of the worker.
(c)Payment of PF accumulation on retirement/death etc. (iv) Maternity Benefit Act 1951
Act provides for leave and some other benefits to women employees in case of
confinement or miscarriage etc. (v) Contract labour (Regulation and Abolition) Act 1970.
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
principle employer is required to take Certificate of Registration and the
Contractor is required to take a Licence from the designated Officer. The Act is applicable to the establishments or contractor of principle employer if they
employ 20 or more contract labour.
(vi) 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. Constructions of Buildings, roads, runways are
scheduled employments.
(vii) 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.
(viii) Equal Remuneration Act 1979.
The Act provides for payment of equal wages for work of equal nature to Male
& Female workers and not for making discrimination against Female
employees in the matters of transfers, training and promotions, etc.
(ix) Payment of Bonus Act 1965
The Act is applicable to all establishments employing 20 or more workmen.
The Act provides for payments of annual bonus subject to a minimum of
8.33% of wages and maximum of 200% of wages to employees drawing Rs. 35,000/- P.M. or less. The bonus to be paid to or employees getting Rs. 2500/-
P.M. above upto 3500/- P.M. shall be worked out by taking wages as Rs.
2500/- P.M. only. The Act does not apply to certain establishments. The
newly set up establishments are exempted or five years in certain
circumstances. Some of the State Governments have reduced the employment size from 20 to 10 for the purpose of applicability of the Act.
(x) 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.
(xi) Industrial Employment (Standing Orders) Act 1946
It is applicable to all establishment employee 1000 or more workmen
(employment size reduced by some of the States and Central Government to
50). The Act provides for laying down rules governing the conditions of
employment by the employer or matters provided in the Act and get the same
certified by the designated Authority. (xii) 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.
(xiii) Child labour (prohibition and regulation) Act 1986.
The Act prohibits employment of children below 14 years of age in certain occupation and processes and provides for regulation of employment of
children in all other occupations and processes. Employment of child labour is
prohibited in Building and Construction Industry.
(xiv) Inter-State Migrant Workmen’s (Regulation of Employment and
Conditions of Service) Act 1979. The Act is applicable to an establishment which employees 5 or more inter-
state migrant workmen through an intermediary (who has recruited workmen
in one state for employment in the establishment situated in another state).
The inter-state migrant workmen, in an establishment to which this Act becomes applicable, are required to be provided certain facilities such as
housing, medical aid, travelling expenses from home upto the establishment
and back etc. (xv) The Building & other Construction Workers (Regulation of
Employment and Conditions of Service) Act 1996 and the Cess Act of
1996.
All the establishments who carry on any building or other construction work
and employ 10 or more workers are covered under this Act. All such
establishments are required to pay cess at rate not exceeding 2% of the cost of
construction as may be notified by the Government. The employer of the
establishment is required to provide safety measures at the Building or Construction work and other welfare measures, such as Canteens, First-Aid
facilities, Ambulance, Housing accommodation for workers near the
workplace etc. The employer to who the Act applies has to obtain a
registration certificate from the Registering Officer appointed by the
Government. (xvi) The Factories Act 1948
The Act lays down the procedure for approval of plans before setting up a
factory, health and safety provisions, welfare, working hours, annual earned
leave and rendering information regarding accidents or dangerous occurrences
to designated authorities. It is applicable to premises employing 10 persons or
more with aid of power or 20 or more persons without the aid of power engaged in manufacturing process.
32 Regulation Employment Welfare
The Contractor, which expression shall include sub-contractor or any such person or group of persons representing the contractor who are and, required
to handle iron and steel materials shall register themselves as employer with
the Mumbai Iron and Steel Labour Board and shall completely fulfil all the
obligatory provisions of the Maharashtra Mathadi, Hamal and other Manual
Workers (Regulation of Employment Welfare Act, 1969) and the Mumbai Iron
and Steel Unprotected Workers (Regulation of Employment and WelfareScheme, 1970). The consequences of failure of compliance of any of these
provisions will entirely be the liability and responsibility of the Contractor. 33 Use of Specifications
I.S.I. In case where no particular specification is given for any article to be usedunder the contract, the relevant specification, where one I.S.I. exists, of the
Indian Standards Institution shall apply. 34 Inspection & approval All works embracing more than one process shall be subject to examination
and approval at each stage thereof and the contractor shall give due notice to
the superintendent of Gardens or his authorized representative when each stage
is ready. In default of such notice, the superintendent of Gardens shall be
entitled to appraise the quality and extent thereof.
No work shall be covered up or put out of view without the approval of the superintendent of Gardens or his authorized representative and the Contractor
shall afford full opportunity for examination and measurement of any work
which is about to be covered up or out of view and for examination of
foundation before permanent work is placed thereon.
The Contractor shall give due notice to the superintendent of Gardens or his
authorized representative whenever any such work or foundation is ready for
examination and the superintendent of Gardens or his representative shall
without unreasonable delay, unless he considers it necessary and informs the
contractor, in writing accordingly, attend for the purpose of examining and
measuring such work or examining such foundation. In the event of the failure
of the contractor to give such notice he shall, if required by the superintendent of Gardens, uncover such work at the contractor’s expense.
Departmental officers concerned with the works shall have powers at any time
to inspect examine any part of the works and the contractor shall give suchfacilities as may be required for such inspection and examination.
35 Stock of materials
required. The Contractor shall at his own expense provide and furnish himself with
sheds and yards in such situations and in such numbers as, in the opinion of
the superintendent of Gardens/Hoticulture Asstt. are requisite for carrying out
the Works under this contract, and the Contractor shall keep at each of such
sheds and yards a sufficient quantity of materials in stock so as not to delay the
carrying out the works with due expedition and the superintendent of Gardens and his sub-ordinates shall have free access to the said sheds or yards at any
time for the purpose of inspecting the stock of materials so kept in hand any
material or article, which the superintendent of Gardens/Hoticulture Asstt. may object to, shall not be brought upon or used in the work but shall be forthwith
removed from the sheds or yards by the Contractor at his own cost. The
Contractor will however be allowed to use for the above purpose the completed portion of the buildings if available.
36 Suspension of work (a)The Contractor shall, on receipt of the order in writing of the
superintendent of Gardens,/Hoticulture Asstt. suspend the progress of the
Works or any part thereof for such time and in such manner as the
superintendent of Gardens may consider necessary for any of thefollowing reasons :-
(i)On account of continued non-compliance of the instructions of the
superintendent of Gardens or any other default on the part of the
contractor, or
(ii)for proper execution of the works or part thereof for reasons other than
the default of the Contractor, or
(iii)for safety of the works or part thereof.
The contractor shall, during such suspension, properly protect and secure
the works to the extent necessary and carry out the instructions given in that
behalf by the superintendent of Gardens.
(b) If the suspension is ordered for reasons (ii) and (iii) in sub-para (a) above, the contractor shall be entitled to an extension of time equal to the period
of every such suspension plus a reasonable time as decided by the
superintendent of Gardens.
(c)If the suspension is ordered for reasons of (i) in sub-para (a) above, the
superintendent of Gardens shall have powers to suspend the payment
under the contract. Such suspension of payment may be continued until default shall have been rectified.
37 deleted 38 Deleted
38.c Management meeting Either the superintendent of Gardens/Horticulture Asstt. or the contractors may require the other to attend Management meeting. The business of a
management meeting shall be to review the plans for remaining works.
superintendent of Gardenss/Hoticulture Asstt. shall record the business of
management meetings and is to provide copies of his record to those attending
the meetings. The responsibility of the parties for actions to be taken is to be
decided by the superintendent of Gardens either at the management meetings or after the management meetings and stated in writing to all who attend the
meetings. 39 Liability for defects or
imperfections and
rectification thereof
If it shall appear to the superintendent of Gardens or to his representative at any time during that any work has been executed with unsound, imperfect
or unskillful workmanship or that any material or article provided by the
Contractor for execution of thereof the work is unsound or of a quality inferior to that contracted for, or otherwise, not in accordance with the Contract, or that
any defect, shrinkage or other faults have appeared in the Work arising out of
defective or improper materials or workmanship, the Contractor shall, upon
receipt of notice in writing in that behalf from the horticulture assistant
forthwith rectify or remove or redevelop the Work so specified in whole or
part, as the case may require or, as the case may be, and/or remove the materials or articles so specified and provide other proper and suitable
materials or articles at his own expense notwithstanding that the same may
have been inadvertently passed, certified and paid for, and in the event of his failing to do so within the period to be specified by the H.A.in his notice
aforesaid the H.A. may rectify or remove and re-execute the Work and/or
remove and replace with others the materials or articles complained of, as the case may be, by other means at the risk and cost of the Contractor.
The superintendent of Gardens/Horticulture Asstt. reserves the right to decide
the rates and prices of the works as executed by other means at the risk and cost of the Contractor.
The cost and expenses thereby incurred including supervision charges
specified in the Annexure ‘A’ on the works and also such penalty as the
H.A.may impose for such wrongful conduct of the Contractor (which penalty,
the superintendent of Gardens shall be competent to impose and against the
imposition of which or the amount thereof by the superintendent of Gardens an
appeal shall lie only to the Commissioner within seven days of the order in
that behalf of the superintendent of Gardens and the decisions of the Commissioner shall be final and binding upon the Contractor) may be
deducted from any money due or to become due to the Contractor, under this
or any other contract between the Contractor and the Municipal Corporation. 40 Liability for damages
and risks The Contractor shall be responsible for all risks to the work and shall make
good at his own cost, all loss or damage, whether to the works themselves or
to any other Municipal property, or to the lives, persons, or property of others,
from whatsoever cause, arising out of, or in connection with the works, either
during their progress or during the defects liability period, after completion of work for a period of not exceeding 12 months as per directives of Director of
Insurance, Maharashtra State and this although all reasonable and proper
precautions may have been taken by the Contractor, and in case the
Commissioner or the Corporation shall be called upon to make good any such
costs loss or damages, or to pay compensation (including that payable under
the provisions of Workmen Compensation Act) to any person or persons sustaining damage as aforesaid by reason of any act or of any negligence or
omissions on the part of the contractor, the amount, which the Commissioner
may pay in respect thereof and the amount of any costs or charges (including
law costs and charges) in connection with legal proceedings which he may
incur in reference thereto, shall be charged to the Contractor. The
Commissioner shall have full power and right at his own discretion to pay or
to defend or compromise any claim which may be made against the
Corporation for damage or in case of threatened legal proceedings, or in anticipation of legal proceedings being instituted, consequent on the action or
default of the Contractor, to take such steps as he may consider necessary or
desirable to ward off or mitigate the effect of such proceedings charging to the
contractor, as aforesaid, any sum or sums of money which he may pay and any
expenses, whether for reinstatement or otherwise which he may incur and the
propriety of any payment, defense or compromise, or of the incurrence of any such expense shall not be called in question by the Contractor.
The Contractor shall beheld responsible for any obligations, damages and fines
etc. arising out of or in connection with the works either during their progress
or during the defects liability period after completion of work for a period of
not exceeding 12 months as per directives of Director of Insurance,
Maharashtra State and shall indemnify the Municipal Corporation or the Commissioner against them and make good any such damages, fines and dues
arising out of non-compliance of any regulation under the Minimum Wages
Act by the contractor which may devolve on the Corporation or the
Commissioner.
The Contractor shall take out a policy as per the provisions of the Workmen’s
Compensation Act for the purpose of insuring compensation to the workers
engaged by them. 41 Records and
Measurement The superintendent of Gardens/Hoticulture Asstt. shall except as otherwise stated
ascertain and determine by measurement the value in accordance with
the Contract of work done in accordance therewith.
All items having a financial value shall be entered in measurement Book, level
book etc. as prescribed by the Municipal Corporation so that a complete record
is obtained of all the Works performed under the Contract.
Measurements shall be taken jointly by the superintendent of Gardens/
Hoticulture Asstt. or his authorized representative and by the Contractor or his
authorized representative. Before taking measurements of any work the
superintendent of Gardens/Hoticulture Asstt. or the person deputed by him
for the purpose shall give a reasonable notice to the Contractor. If the
Contractor fails to attend or send an authorized representative for
measurement after such a notice or fails to countersign or
the objection within a week from the date of measurement, then in any such
event measurements taken by the superintendent of Gardens/Hoticulture
Asstt. or by the person deputed by him shall be taken to be correct measurements of the works and shall be binding on the Contractor.
The Contractor shall, without any extra charge, provide assistance with every
appliance and other things necessary for measurements.
Measurements shall be signed and dated by both parties each day (of taking
measurement) on the site on completion of measurement. 42 Method of
Measurement Except where any general or detailed description of the work in bills of
quantities or schedule of works/items/quantities expressly shown to the
contrary, bills of quantities shall be deemed to have been prepared and
measurements shall be taken in accordance with the procedure set forth in the
schedule of rates/ specifications notwithstanding any provision in the relevant
Standard Method of Measurement or any general or local custom. In the case
of items which are not covered by the schedule of rates/specifications,
measurement shall be taken in accordance with the relevant Standard Method
of Measurement issued by the Indian Standards Institution. 43 Interim Payment Interim bills shall be submitted by the Contractor from time to time (but at an
interval of not less than one month) for the works executed. The
superintendent of Gardens//Hoticulture Asstt. shall arrange to have the bills
verified by taking or causing to be taken, where necessary, the requisite
measurement of work.
Payment on account for amount admissible shall be made on the
superintendent of Gardens/Hoticulture Asstt. certifying the sum to which the
Contractor is considered entitled by way of interim payment for all the work
executed, after deducting there from the amount already paid, the security
deposit/ retention money and such other amounts as may be deductible or
recoverable in terms of the contract.
Contractor should execute work in Private Premises as per sanction rate of
tender. The guideline for execution of work should be given by Horticulture
Asst./Horticulture Superitenden.
44 No Interest for
delayed payments due
to disputes etc.
It is agreed that the Navi Mumbai Municipal corporation or its superintendent
of Gardens//Horticulture Asstt. or Officer shall not be liable to pay any
interest or damage with respect to any moneys or balance which may be in its
or its superintendent of Garden’s or officer’s hands owing to any dispute
or difference or claim or misunderstanding between the Municipal
Corporation of Greater Mumbai or its superintendent of Gardens/
Horticulture Asstt. or Officer on the one hand and the Contractor on the other,
or with respect to any delay on the part of the Municipal Corporation of Navi
Mumbai or its superintendent of Gardens//Horticulture Asstt. or Officers in
making periodical or final payments or in any other respect whatever.
It is distinctly understood and agreed between the parties hereto that payment
for work already executed by the Contractor is not a condition precedent under
this contract for the execution of the remaining work. 45.A Modification of
Interim Certificate
46 Receipts to be signed
in firm’s name by any
one of the partners.
Every receipt for money which may become payable or for any security which
may become transferable to the Contractor under these present shall, if signed
in the partnership name by any one of the partners, be a good and sufficient discharge to the Commissioner and Municipal Corporation in respect of the
money or security purporting to be acknowledged thereby, and in the event of
death of any of the partners during the tendency of this contract, it is hereby expressly agreed that every receipt by any one of the surviving partners shall,
if so signed as aforesaid, be good and sufficient discharge as aforesaid
provided that nothing in this clause contained shall be deemed to prejudice or
effect any claim which the Commissioner or the Corporation may hereafter
have against the legal representatives of any partners so dying or in respect of
any breach of any of the conditions thereof, provided also that nothing in this
clause contained shall be deemed prejudice or affect the respective rights or
obligations of the Contractor and of the legal representative of any deceased
Contractors interest. 47 Over payment and
underpayment Whenever any claim for the payment of a sum to the Municipal Corporation
rises out of or under this contract against the Contractor the same may be
deducted by the Municipal Corporation from any sum then due or which at
any time thereafter may become due to the Contractor under this contract and
failing that under any contract with the Municipal Corporation or from any other sum due to the Contractor from the Municipal Corporation (which may
be available with the Municipal Corporation) or form his security
deposit/retention money, or he shall pay the claim on demand.
The Municipal Corporation reserves the right to carry out post payment audit
and technical examination of the final bill including all supporting voucher,
abstracts etc. The Municipal Corporation further reserves the right to enforcerecovery of any over payment when detected.
If as a result of such audit and technical examination any overpayment is
discovered in respect of any work done by the Contractor or alleged to have been done by him under the Contract, it shall be recovered by the Municipal
Corporation from the Contractor by any or all of the methods prescribed above
or if under payment is discovered the amount shall be duly paid to the Contractor by the Municipal Corporation.
Provided that the aforesaid right of the Municipal Corporation to adjust over
payment against amount due to the Contractor under any other contract with
Municipal Corporation shall not extend beyond the period of two years from
the date of payment of the final bill or in case the final bill is a “Minus” bill,
from the date of the amount payable by the Contractor under the “Minus” bill is communicated to the Contractor.
Any amount due to the Contractor under this contract for underpayment may
be adjusted against amount then due or which may at any time thereafterbecome due before payment is to the Contractor, from his to Municipal
Corporation on any other contract or account whatsoever. 48 Payment of Final Bill Final joint measurement along with the representatives of the Contractor
should be taken, recorded and signed by the Contractors. Contractor should
submit the final bill within month of physical completion of the work.
If the Contractor fails to submit the final bill within 1 month, the NMMC staffwill prepare the final bill based on the joint measurement within next 3
months.
superintendent of Garden’s decision shall be final in respect of claims for
defect and pending claims against contractors.
No further claims should be made by the Contractor after submission of the
final bill and these shall be deemed to have been waived and extinguished.
Payment of those items of the bills in respect of which there is no dispute and
of items in dispute, for quantities and rates as approved by the Commissioner
shall be made within a reasonable period as may be necessary for the purpose
of verification etc.
After payment of the final bill as aforesaid has been made, the Contractor may,
if he so desires, reconsider his position in respect of a disputed portion of the
final bill and if he fails to do so within 84 days, his disputed claim shall be
dealt with as provided in the contract. 49 Cancellation of
contract in full or in
part.
If the Contractor : a) At any time makes default in proceeding with the work with due
negligence and continues to do so after notice in writing of fourteen days
from the superintendent of Gardens; or b) Commits default in complying with any of the terms and conditions
of contract and does not remedy it within fourteen days after a notice in
writing is given to him in that behalf by the superintendent of Gardens;
or
c) Fails to complete the Works or items with individual dates of completion,
on or before the date(s) of completion, and does not complete them
within the period specified in a notice given in writing in that behalf by the superintendent of Gardens; or
d) Shall offer or give or agree to give to any person in Municipal
Corporation’s service or to any other person on his behalf any gift or consideration of any kind as an inducement or reward for doing or
forbearing to do or for having done or forborne to do any act in relation to
the obtaining or execution of this or any other contract for the Municipal Corporation; or
e) Shall obtain a contract with the Municipal Corporation as a result of ring
tendering or other non-bona-fide methods of competitive tendering; or
f) Being an individual or a firm, any partner thereof, shall at any time
be adjudged insolvent or have a receiving order or order for administration
of his estate made against him or shall taken any proceedings for
liquidation or composition (other than voluntary liquidation for the purpose of amalgamation or reconstruction) under any insolvency act for
the time being in force or make any conveyance of assignment of his
effects or composition or arrangement for the benefit of his creditors or
purport so to do, or if any application be made under any Insolvency Act
for the time being in force for the sequestration of his estate or if a trust
deed be executed by him for his creditors, or
g) Being a company, shall pass a resolution or the court shall make an order
for the liquidation of his affairs, or a receiver or a manager on behalf of
the debenture holders shall be appointed or circumstances shall arise
which entitle the Court or debenture holders to appoint a receiver or a
manager, or
h) Shall suffer an execution being levied on his goods and allow it to
be continued for a period of 21 days, or
i) Assigns, transfers, sublets (engagement of labour on a piece work basis or
labour with materials not to be incorporated in the work, shall not be
deemed to be sub-letting) or attempts to assign, transfer or sub-let the
entire works or any portion thereof without the prior written approval of
the Commissioner; the Commissioner may, without prejudice to any other
right or remedy which shall have accrued or shall accrue thereafter to the
Municipal Corporation by written notice cancel the contract as a whole or
only such items of work in default from the contract.
The Commissioner shall on such cancellation have powers to :
a) take possession of site and any materials, implements stores, etc. thereon
and/or b) carry out the incomplete work by any means at the risk and cost of the
Contractor.
On cancellation of the contract in full or in part the superintendent of Gardens
shall determine what amount, if any, is recoverable from the Contractor for
completion of works or part of the works or in case the works or part of works
is completed, the loss or damage suffered by the Municipal Corporation, in determining the amount, credit shall be given to the Contractor for the value of
the work executed by him upto the time of cancellation, the value of the
Contractor’s material taken over and incorporated in the work, and use of construction equipment belonging to the Contractor.
Any excess expenditure incurred or to be incurred by the Municipal
Corporation in completing the works or part of the works or excess loss or
damages suffered or may be suffered by the Municipal Corporation as
aforesaid after allowing such credit shall be recovered from any money due to
the Contractor on any account and if such moneys are not sufficient the Contractor shall be called upon in wiring to pay the same within thirty days. If
the Contractor shall fail to pay required sum within the aforesaid period of 28
days, the superintendent of Gardens shall have right to sell any or all of the
Contractor’s unused materials, constructional plant, implements, temporary
buildings, etc. and apply the proceeds of sale thereof towards the satisfaction of any sums due from the Contractor under the contract, and if thereafter there
be any balance outstanding from the Contractor, it shall be recovered in
accordance with provision of the contract.
Any sums in excess of the amounts due to the Municipal Corporation and
unsold materials, constructional plant, etc. shall be returned to the Contractor, provided always that if cost or anticipated cost of completion by the Municipal
Corporation of the works or part of the works is less than the amount of which
the Contractor would have been paid had he completed the works or part of the
works, benefit shall not accrue to the Contractor.
Without prejudice to the generally of the foregoing, the amount deposited by
the Contractor as security deposit shall be absolutely forfeited to the
Corporation for such failure, or breach or determination of contract. 50 Termination of
contract for death If the Contractor is an individual or a proprietary concern and the individual or
the proprietor dies and if the Contractor is a partnership concern and one of the
partners dies then unless the Commissioner is satisfied that the legal
representative of the individual Contractor or the proprietor of the proprietary
concern and in case of partnership, the surviving partners, are capable of
carrying out and completing the contract, the Commissioner shall be entitled to
cancel the contract as to its uncompleted part without the Corporation being in
any way liable to payment of any compensation to the estate of the deceased
Contractor and or to the surviving partners of the Contractor’s firm on account of the cancellation of the contract. The decision of the Commissioner that the
legal representative of the deceased Contractor or surviving partners of the
Contractor’s firm cannot carry out and complete the contract shall be final and binding on the parties. In the event of such cancellation the Commissioner
shall not hold estate of the deceased Contractor and or surviving partners of
the Contractor’s firm liable in damages for not completing the contract. 51 Urgent works If any Urgent Work (in respect whereof the decision of the superintendent of
Gardens /Hoticulture Asstt.shall be final and binding) becomes necessary and
the Contractor is unable or unwilling at once to carry it out, the superintendent
of Gardens may by his own other work people, carry it out as he may consider
necessary. If the urgent work shall be such as the Contractor is liable under
the contract to carry out at his expense all expense incurred on it by the
Municipal Corporation shall be recoverable from the Contractor and be
adjusted or set off against any sum payable to him. 52 Foreclosure of
contract in full or in
part.
If at any time after acceptance of the tender the Commissioner shall decide to
abandon or reduce the scope of the works for any reasons whatsoever and
hence not require the whole or any part of the works to be carried out, he shall
inform the Contractor in writing to that effect and the Contractor shall have no
claim to any payment or compensation or otherwise whatsoever, on account of any profit or advantage which he might have derived from the execution of the
works in full but which he did not derive in consequence of the foreclosure of
the whole or part of the works.
The Contractor shall be paid at the contract rates full amount of works
executed at site, and in addition reasonable amount as certified by the
superintendent of Gardens for the value of such Material (which material thereupon become the property of the Corporation) and also such further
allowances as the superintendent of Gardens/Hoticulture Asstt may
think reasonable and fair in respect of (a) any expenditure incurred by the Contractor
towards preliminary works etc. and (b) other reasonable and proper
engagement the contractor may have entered into for carrying out the work, (c)53 Finality of decision
and non-arbitrability. If any dispute, difference or claim is raised by the Contractor relating to any
matter arising under the contract. The contractor may refer such matter to the
superintendent of Gardens his superior other than Municipal Commissioner or
Additional Municipal Commissioner who on examining the dispute, difference
or claim, shall give decision in writing. Such decision will be final and binding upon all parties. This decision will not be arbitrable at all.
54.A Jurisdiction In case of any claim, dispute or difference arising in respect of a contract, the cause of action thereof shall be deemed to have arisen in Navi Mumbai and all
legal proceedings in respect of any such claim, dispute or difference
shall be instituted in a competent court in the City of Navi Mumbai only. 55 Income Tax The Contractor shall pay Indian Income Tax on all payments made to him
under the Contract, other than reimbursements made to him by the Corporation
to cover payment by Contractor of minor custom duties etc., or any other
payment which the contractor may make on the Corporation’s behalf. Under
the provisions of Section 194-C of the Indian Income Tax Act, the Corporation is required to deduct Tax with surcharge at source at prevailing rates from the
gross amount of each bill submitted. Any expatriate site staff or staff not
normally residents of India, employed by the Contractor shall pay personal
Income Tax on all money earned and paid in India. The Contractor shall
perform such duties in regard to such deductions thereof as may be imposed
on him by such laws and regulations. 56 Instructions and
notices Subject as otherwise provided in this contract all notice to be given on behalf
of the Municipal Corporation and all other actions to be taken on its behalf
may be given or taken by the superintendent of Gardens/Hoticulture Asstt.
or any officer for the time being entrusted with the functions, duties and
powers of the superintendent of Gardens.
All instructions, notices and communications, etc. under the contract shall be
given in writing and if sent by registered post to the last known place or abode
or business of the Contractor shall be deemed to have been served on the date
when in the ordinary course of post these would have been served on or
delivered to him.
The Contractor or his agent shall be in attendance at the site(s) during all
working hours and shall supervise the execution of the works with suchadditional assistance in each trade as the superintendent of
Gardens/Hoticulture Asstt. may consider necessary. Orders given to the
Contractor’s agent shall be considered to have the same force as if they had
been given to the Contractor himself.
The superintendent of Gardens/Hoticulture Asstt. shall communicate or
confirm his instruction to the Contractor in respect of the execution of work in a “Works site order Book” maintained in the office of the superintendent of
Gardens and the Contractor or his authorized representative shall confirm
receipt of such instructions by signing the relevant entries in this book. If required by the Contractor he shall be furnished a certified true copy of such
instruction(s).
If the Contractor fails to comply with the instruction(s) of the superintendent of Gardens, the superintendent of Gardens may impose the daily penalty of Rs.
500 (Rupees Five Hundred) for each of such defaults. This penalty will not
prejudice the right of the Municipal Commissioner or the superintendent of
Gardens to claim compensation. 57 Notices to Local
Bodies The Contractor shall comply with and give all notices required under any
Governmental authority, instrument, rule or order made under any Act of
Parliament, State Laws or any regulation or Bye-Laws of any local authority
or public utility concern relating to works. He shall before making any
variation from the contract drawings necessitated by such compliance give to the superintendent of Gardens/Hoticulture Asstt. a notice given reasons for
the proposed variations and obtain the superintendent of Gardens’s
instructions thereon.
The Contractor shall pay and indemnify the Municipal Corporation against any
liability in respect of any fees or charges payable under any Act of Parliament,
State Laws or any Governmental Instrument, Rule or Order and any
Regulations or Bye-laws of any local authority or public utility concern in
respect of the works. 58 Currency of payment The Tenderer shall indicate the tender prices in Indian Rupees. 59 Taxation Regarding taxation the prices quoted by the Contractor shall include all
customs duties, import duties, excise duties, business taxes, income and
other taxes that may be levied in accordance to the laws and regulation in
force as of the date 28 days prior to dead line for submission of
tenders on the Contractor’s Equipment materials and supplied (permanent,
temporary and consumables) to be used on or furnished under the contract
and on the services to be performed under the contract. Nothing in the contract
shall relieve the contractor from his responsibility to pay any tax that may
be levied in the Employer’s country on profits made by him in respect of the
contract. The Contractor shall perform such duties in regard to such
deductions thereof as may be imposed on him by such laws and regulations. All charges on account of Octroi, terminal or Sales Tax and other duties
On material obtained for the works from any source including the tax
applicable as per Maharashtra Sales Tax Act on the transfer of property in the goods involved in the execution of works contract (re-enacted) Act, 1991
etc. shall be borne by the Contractor.
Under the provisions of the Maharashtra Sales Tax Act, the Employer is
required to deduct Turnover Tax at source at the rates prevailing at the time of
payments. 60 Payments of Bills and
other claims. The payment of bills and other claims arising out of the contract will be made
through NEFT/ RTGS in the name of Contractors payable to the account and
name of Bank informed by the successful contractors. Successful Tenderers,
therefore, have to furnish the information as regards, the Name and complete
address of their Bank, its branch and their Bank Account No. etc. They will also have to submit fresh information when there is any change in this regard.
61 Employment of local
personnel. The contractor is encouraged to the extent practicable and reasonable to
employ staff and labour with appropriate qualifications from locally available
man power. 62 Details to be
confidential The Contractor shall treat the details of the Contract as private and
confidential, save in so far as may be necessary for the purposes thereof, and
shall not publish or disclose the same or any particulars thereof in any trade or
technical paper or elsewhere without the previous consent in writing of the
Employer or the superintendent of Gardens/Hoticulture Asstt.. If any dispute
arises as to the necessity of any publication or disclosure for the purpose of the
contract the same shall be referred to the Employer whose determination shall
be final. 63 Contractor to keep site
clear. During the execution of the works the Site reasonably free from all unnecessary obstruction and shall store or dispose of any contractor’s
equipment and surplus materials and clear away and remove from the Site any
wreckage rubbish or temporary works no longer required. 64 Clearance of site on
completion Upon the issue of any Taking-over certificate the Contractor shall clear away
and remove from that part of the site to which such Taking-over Certificate
relates all contractor’s equipment, surplus materials, rubbish and temporary
works of every kind, and leave such part of the site and works clean and in a
workman like condition to the satisfaction of the superintendent of
Gardens/Hoticulture Asstt.. If the contractor does not clear the site within 15
days all material will be confiscated and no compensation shall be paid and the
site will be cleared at risk and cost of the Contractor. 65.a Inspections The superintendent of Gardens and any person authorized by him shall at all
reasonable times have access to the site and to all workshops and places where
materials or Plant are being manufactured. Fabricated or prepared for the works and the contractor shall afford every facility for and every assistance in
obtaining the right to such access.
66.b Deleted 66.c Deleted 66.d Rejection Dy Municipal Commissioner,Gardens decision is final 66.e deleted 67.f deleted 67.g deleted 67.h Removal of improper
work. Materials or
plant
The superintendent of Gardens shall have authority to issue instructions from time to time for (a) the removal from the site within such time or times as may
be specified in the instruction of any materials or plant which is the opinion of
the superintendent of Gardens/Hoticulture Asstt., are not in accordance with the contract. (b) the substitution of proper and suitable materials or
plant and (c) the removal and proper re-execution notwithstanding any
previous test thereof or interim payment therefore of any work which in respect of (i)materials Plant or workmanship or (ii)design by the contractor
or for which he is responsible, is not, in the opinion of the superintendent
of Gardens, in accordance with the contract.
67.i Default of contractor
in compliance In case of default on the part of the contractor in carrying out such instruction
within the time specified therein or, if non, within a reasonable time, the
Employer shall be entitled to employer and a other persons to carry out the
same and all costs consequent thereon or incidental thereto shall, after due
consultation with the Employer and the contractor, be determined by the superintendent of Gardens/Hoticulture Asstt. and shall be recoverable from the
contractor by the Employer from any monies due to become due to the contractor and the superintendent of Gardens/Hoticulture Asstt. shall notify the
contractor accordingly. 68 Personnel The Contractor shall employ the key personnel named in the schedule of key
personnel (Annexure E) or other personnel approved by the superintendent of
Gardens/Hoticulture Asstt. to carry out the functions. The superintendent of
Gardens/Hoticulture Asstt. will approve any proposed replacement of key personnel only if their qualifications, abilities and relevant experience are
substantially equal to or better than those of the personnel listed in the
schedule.
69 Contract Period
69.a
The Operator shall commence Operations from the Commencement Date and
shall arrange for all mobilization Operations within fifteen (15) days of the
Commencement Date.
69.b
The Contract Period shall commence on the Commencement Date and extend for a period of Five years. The contract will be renewed each year. The
Corporation and the Operator shall review, at the end of each Operating Year,
the progress of the Contract and consider continuation through the subsequent Operating Year.
69.c
Contract Continuation: The Municipal Commissioner will review the
progress and status of the Contract, thirty (30) days prior to completion of an
Operating Year. In the event that a decision is taken to discontinue Operations
of the Operator under this Contract, the Corporation shall indicate the same to
the Operator, through a written communication, within fifteen (15) days of
such decisions having been made. Alternatively, if the Operator wishes to
discontinue its Operations, it shall provide a minimum of ninety (90) days notice requesting for such discontinuation.
69.d
Notwithstanding anything mentioned in CC Section 69.b or 69.c, the Operator
shall continue to provide Operations till the appointment of a Successor Operator.
69.e
In the event that the Parties agree to continue with the current Contract, all
Conditions of Contract shall be followed as laid out in this Contract Document; and adjustments to Contract Price and resetting penalties base,
benchmark and value shall be affected appropriately.
In case of lump sum contract, the cost of the work actually carried out as per break up and programme
of the work and the schedule of payment included in the contract including cost of any excess and/or extra items, of the work, .
Volume 1 : Section 4
Special Conditions of Contract
SPECIAL CONDITIONS OF CONTRACT
GCC clause No 4 (a)
Definitions The Employer is
Name : Superintendent of Gardens
Address 2nd floor,Garden dept. NMMC Head Qaurter,plot
no 1, Near killegaothan,Palm beach junction, sector 15A, CBD Belapur, Navi Mumbai 400614.
GCC Clause No. 4 (e)
Definitions The superintendent of Gardens is
Name Appointed by Superintendent of Gardens
Address 2nd floor,Garden dept. NMMC Head Qaurter,plot no 1,
Near killegaothan,Palm beach junction, sector 15A, CBD Belapur, Navi Mumbai 400614.
superintendent of Gardens’s Representative Appointed by Superintendent of Gardens GCC Clause No. 20
Security Deposit (Performance
Security)
(a) The Contractor shall provide security for his proper performance of the
contract to the employer immediately after the letter of acceptance. The
performance security shall be in the form of bank guarantee from as stipulated
by the employer in the appendix to the Tender. The contractor shall notify the
employer when providing the performance security to the employer. The performance security shall be issued either (a) by a bank located in India
or a foreign bank located in India as listed in the annexure. GCC Clause No. 20(b)
Retention Money Deleted
GCC Clause No. 20(d) Refund of Security
Deposit
Deleted
GCC Clause No. 23
Temporary Office for
the superintendent of
Gardens (Works
costing above Rs.50
Lakhs)
Deleted
GCC Clause No. 24
Contractors Office
near works
The Contractor shall have an office near the works at which notice from the
Employer or the superintendent of Gardens may be served and shall,
between the hours of sunrise and sunset on all working days, have a clerk or some other authorized person always present at such office upon whom such
notices may be served and service of any notices left with such clerk or
other authorized person or at such office shall be deemed good service upon GCC Clause No. 56
Use of specifications I.S.I
deleted
GCC Clause No. 65
Compensation for
delay
Not used
GCC Clause No. 67B
Network Schedule &
Monthly Progress
Reports
Not used
GCC Clause No. 68 e
Extention of Defect
Liability
Not used
GCC Clause No. 74(a) No price variation as admissible under clause 74(b) of General Conditions
Controlled Materials Contract will be paid to the successful Tenderer
GCC ClauseNo. 74(b)
Labour & other
materials GCC Clause No. 74(c)
Not used
Not used
GCC Clause No. 75
Subsequent legislation All or any type taxes, duties or cess levied or to be levied by the state or
central government shall be on account of the contractor and shall be deemed
to have been included in the consideration payable in the offer.
GCC Clause No. 76
Plant and Equipment deleted
GCC Clause No. 83
Interim Payment Add as follows,
The Interim Payment shall be prepared for a minimum period of one calendar
month. The payment shall be made within 30 days of receipt of bills
GCC Clause No. 84
Advances Not used
GCC Clause No. 96
Finality of Decision
and non arbitarability
– modified as below
If any dispute, difference of claim is raised by either party relating to any
matter arising out of the contract, the aggrieved party may refer such dispute within a period of 7 days to the concerned Addl. Municipal Commissioner who
shall constitute a Committee comprising of three Officers i.e.Jt.M.C.(Desaster
management), superintendent of garden, and officer sugested by Addl.
Municipal commissioner and concerned Chief Accountant. The Committee
shall give its decision in writing within 60 days.
Appeal from the Order of the Committee may be referred to Municipal
Commissioner within 7 days. Thereafter the Municipal Commissioner shall
constitute the Committee comprising of three Addl. Municipal Commissioners
including Addl. Municipal Commissioner in charge of Finance Department. The decision given by this Committee shall be final and binding upon the
parties.” GCC Clause No. 99
Income Tax Add as below :
The employer will perform such duties in regard to deduction of any such
taxes at source as per applicable law. GCC Clause No. 106
Submission of final
completion Drawing
Not used
GCC Clause No. 110 &
111 Clearance of site
and inspection on
completion
Add as follows : The provision of GCC Clause No. 100 shall be applicable in this case.
GCC Clause No. 112
Photographs Not withstanding the provision of this clause, whenever provided in the
contract, the progress photographs shall be taken for submission as records to
Corporation.
Volume 1 : Section 5
Forms of Tender,
Appendix to Tender,
Qualification Information
Qualification Information
INFORMATION FORM (1) PAGE OF PAGES
General Information
Any individual firm submitting the Tender is requested to complete the information in this form.
Nationality information should be provided by all applicants.
Where the Applicant proposed to use named sub-contractors for more than 20% of contract value
including for highly specialized components of the Works (reference ITT Clause No.4), the following
information should also be supplied for the subcontractor(s), together with the information in Forms 1A, 2, 3, 3A, 3B, 4 and 5.
1. Name of firm
2. Head office address
3. Telephone Contact
4. Fax Telex
5. Place of incorporation/registration Year of incorporation/registration
Nationality of owners 1
Name Nationality
1.
2.
3.
4.
5.
1. To be completed by all owners of partnerships or individually owned firms.
INFORMATION FORM (1A)
Structure and Organisation
1. The applicant is
a) an individual
b) a proprietary firm
c) a limited Company or Corporation
2. Attach the organization chart showing the structure of the organization, including the names of the
3.
directors and position of officers.
Number of years of experience:
a) as a Prime Contractor (Contractor shouldering major responsibility)
i) in own country
ii) in other countries (specify country)
4. Name and address of any associates the applicant
has in India (in case the applicant happens to be
from foreign country) who are knowledgeable in the procedures of customs, immigration, taxes and
other information necessary to do the work.
5.
6.
For how many years has your organization been in
business of Horticultural maintenance under its
present name?
Have you ever left the work awarded to you
incomplete? (If so, give name of project and
reasons for not completing work).
All individual firms are requested to complete the information in this form with regard to the
management of Works Contracts generally. The information supplied should be the annual turnover of the
Applicant in terms of the amounts billed to clients for each year for work in progress or completed. The
annual periods should be completed financial years.
A brief note on each contract should be appended, describing the nature of the work, duration and amount
of contract, managerial arrangements, Employer and other relevant details.
Applicants should not enclose testimonials, certificates and publicity material with their applications; they
will not be taken into account in the evaluation of qualifications.
Annual Turnover Data – Rs. Financial Year 1. 2014-2015
2. 2015-2016
3. 2016-2017
4. 2017-2018
5. 2018-2019
INFORMATION FORM (3) PAGE OF PAGES
Particular Work Experience Record
Name of Applicant
On separate pages, using the format of form (3A), the applicant is requested to list the works for which the
applicant wishes to qualify & which the Applicant has undertaken during the last three years period. The
contract value should be based on the payment of currency of contract converted into Rupees at the date of
substantial completion, or for on going contracts at the time of award. The information is to be summarized,
using form (3A) for each contract completed or under execution by the applicant. Detail information corresponding ITT Clause 4 shall be furnished using information form 3A.
INFORMATION FORM (3A) PAGE OF PAGES
Details of Contracts of Similar Nature and Complexity
Name of Applicant
Use a separate sheet for each contract
1. Number of contract
Name of contract
Country 2. Name of Employer 3. Employer address 4. Nature of works and special features relevant to the contract for which the Applicant wishes to pre
qualify 5. Not used 6. Contract role (check one)
Prime contractor Management contractor Subcontractor Partner in joint venture
7. Amount of the total contract/subcontract/partner share (in specified currencies at completion, or at
date of award for current contracts)
Currency Currency Currency 8. Equivalent amount Rs.
Total contract: Rs. Subcontract: Rs. Partner share :Rs 9. Date of award/completion 10. Contract was completed months ahead/behind original
Schedule (if behind, provide explanation). 11. Contract was completed Rs. equivalent under/over original
Contract amount (if over, provide explanation). 12. Special contractual/construction requirement, including monthly annual production rates of the key
construction activities. 13. Indicate the approximate percent of total contract value of work undertaken by sub-contract, if any
and the nature of such work. 14. Name and Qualification of applicant’s Project Manager/superintendent of Gardens-in-Charge of the
work.
INFORMATION FORM (4 )
PAGE OF PAGES
Summary Sheet: Current Contract Commitments/Works in Progress
Name of Applicant
Applicants should provide information on their current commitments on all contracts that have been
awarded, or for which a letter of intent or acceptance has been received, or for contracts approaching
completion, but for which an unqualified, full completion certificate has yet to be issued.
Name of
contract Employer,
Contact
Address/tel/fax
Value of
Outstanding work
(current Rs.
equivalent)
Estimated
Completion Date
Average
Monthly Invoicing over
Last six months
(Rs./mon)
1.
2.
3.
4.
5.
Etc.
INFORMATION FORM (5 )
PAGE OF PAGES
Financial Capabilities
Name of Applicant
Applicants shall provide financial information to demonstrate that they meet the requirements as stated in the
ITT. Each applicant shall complete this form. If necessary, separate sheets shall be used to provide complete
banker information. A copy of the audited balance sheets shall be attached.
Autonomous construction subdivisions of parent conglomerate business shall submit financial information
related only to the particular activities of the subdivision.
Banker Name of banker
Address of banker
Telephone Contact name and title
Fax Telex
Summarize actual assets and liabilities in Rs. equivalent ( at the rates of exchange current at the end of each
year) for the previous three calendar years, or such period as stated in ITT. Based upon known
commitments, summarize projected and liabilities in Rupees equivalent for the next two calendar years,
unless the withholding of such information by stock market listed public companies can be substantiated by
the Applicant.
Financial
Information in Rs.
equivalent
Actual: Previous five years Projected: Next
two years 5. 4. 3. 2. 1. 1 2
1. Total Assets 2. Current Assets 3. Total liabilities 4. Current liabilities 5. Profits before taxes 6. Profits after taxes
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of credit, and
other financial means, net of current commitments, available to meet the total construction cash flow
demands of the subject contract or contracts as indicated in ITT.
Source of financing Amount (Rs. equivalent) 1. 2. 3. 4.
Attach audited financial statement-including , as a minimum , profit and loss account, balance sheet, and
explanatory notes – for the latest three years period (for the individual Applicant or each partner of a joint
venture).
If audits are not required by the laws of Applicants’ countries of origin, partnerships and firms owned by
individuals may submit their balance sheets certified by a registered accountant, and supported by copies of tax returns.
NFORMATION FORM (6) PAGE OF PAGES
Personnel Capabilities
Name of Applicant
For specific positions essential to contract management and implementation, Applicants should provide the
names of at least two candidates qualified to meet the specified requirements stated for each position. The
data on their experience should be supplied on separate sheets using one Form (6A) for each candidate.
Applicants may propose alternative management and implementation arrangements requiring different key
personnel, whose experience records should be provided.
1. Title of position Name of prime candidate Name of alternate candidate
2. Title of position Name of prime candidate Name of alternate candidate
3. Title of position Name of prime candidate Name of alternate candidate
4. Title of position Name of prime candidate Name of alternate candidate
JOB DESCRIPTION
Tenderer to specify the role and responsibility of Each of the key staff proposed
INFORMATION FORM (6A) PAGE OF PAGES
Candidate Summary
Name of Applicant
Position Candidate
Prime Alternate Candidate information Name of candidate Date of birth
Professional qualifications Present employment Name of employer
Address of employer Telephone Contact (manager/personnel officer)
Fax Telex
Job title of candidate Years with present employer
Summarize professional experience over the last ten years, in reverse chronological order. Indicate particular
technical and managerial experience relevant to the project.
From To Company/Project/Position/Relevant technical and management
experience
INFORMATION FORM (7) PAGE OF PAGES
Equipment Capabilities
Name of Applicant
The Applicant shall provide adequate information to demonstrate clearly that it has the capability to meet the
requirements for each and all items of equipment listed in the ITT . A separate Form (7) shall be prepared for
each item of equipment listed in the ITT Clause 4 or for alternative equipment proposed by the Applicant.
Item of equipment Equipment information Name of manufacture Model and power rating
Capacity Year of manufacture Current status Current location
Details of current commitments Source Indicate source of the equipment
Owned / Rented / Leased / Specially manufactured
Omit the following information for equipment owned by the Applicant or partner.
Owner Name of owner
Address of owner
Telephone Contact name and title
Fax Telex Agreements Details of rental/lease/manufacture agreements specific to the project
INFORMATION FORM (8) PAGE OF PAGES
Litigation History
Name of Applicant or partner of a joint venture/ consortium
Applicants,shall provide information on any history of litigation or arbitration resulting from contracts
executed in the last seven years or currently under execution. A separate sheet should be used for each
partner of a joint venture.
Year Award FOR or
AGAINST
Applicant
Name of client,cause of litigation, and
matter in dispute Disputed amount (current
value, Rs. equivalent)
Volume 1 : Section 6
Form of Securities & Agreement
FORM FOR -
Performance Bank Guarantee (Banker's Guarantee in lieu of Contract Deposit for work)
Performance Bank Guarantee for Unbalanced Items
THIS INDENTURE MADE THIS DAY OF 200 BETWEEN THE
BANK incorporated under the English / Indian Companies Acts and carrying on
business in Mumbai (hereinafter referred to as The Banks which expression shall be deemed to include
its successors and assigns) of the first part,
inhabitants carrying on business at
in Mumbai under the style and name of M/S.
(hereinafter referred to as "the contractors") of the second part Shri.
the MUNICIPAL COMMISSIONER OF NAVI
MUMBAI (hereinafter referred to as" The Commissioner " which expression shall be deemed, also to
include his successor or successors for the time being in the said office of Municipal Commissioner) of the
third part and the MUNICIPAL CORPORATION OF NAVI MUMBAI (hereinafter referred to as "The
Corporation" ) of the forth part whereas the contractors have submitted to the Commissioner tender for
the execution work of and the terms of such tender/contract required that the
contractor shall deposit with the Commissioner as earnest money and/or the security, a sum of
Rs. ( Rupees
) AND WHEREAS if
and when any such tender is accepted by the Commissioner, the contract to be entered into in
furtherance thereof by the contractors will provide that such deposit shall remain with and be appropriated by Commissioner towards the security deposit to be taken under the contract and be redeemable by the
contractors, if they shall duly and faithfully carry out the terms and provisions of such contract and shall
duly satisfy all claims properly chargeable against them there under and whereas the contractors are constituents of the bank and in order to facilitate the keeping of the accounts of the contractors, the bank
with the consent and concurrence of the contractor has requested the Commissioner to accept the
undertaking of the bank hereinafter contained in place of the contractors depositing with the commissioner
the said sum as earnest money and/or the security as aforesaid AND WHEREAS accordingly the
Commissioner has agreed to accept such undertaking NOW THIS AGREEMENT WITNESSES that in
consideration of the premises, the bank as the request of the contractors ( hereby testified )
UNDERTAKES WITH the Commissioner to pay to the Commissioner upon demand in writing, whenever
required by him, from time to time, so to do, a sum not exceeding in the whole Rs.
(Rupees ) under the terms of the said tender and/or the contract the B.G. is valid upto
.
"Not withstanding anything what has been stated above, our liability under the above guarantee is restricted
to Rs. only and guarantee shall remain in force upto unless the
demand or claim under this guarantee is made on us in writing on or before all your right
under the above guarantee shall be forfeited and we shall be released from all liabilities under the guarantee thereafter".
IN WITNESS WHEREOF
Witness(1)
Name
Address The duly constituted Attorney
Manager For
Witness(2)
Name
Address
the Bank & the said Messers (Name of the bank)
Witness
(1)
Name For M/s.
Address Contractors)
(Name of the
Witness(2)
Name
Address
Have hereunto set their respective hands the day and year first above written.
The prospective bidder have to submit the undertaking as follows
The undertaking to be obtained from the prospective bidders on Rs. 500/- stamp paper along with
the tender should be as under:-
Bid No.------------------------------------------------------------------------
“ I/We --------------------------------------------------------------------------------------------------------(full
name in capital letters, starting with surname), the Proprietor/Managing Partner/Managing
director/Holder of the Business/Manufacturer/Authorized Dealer,for the
establishment/firm/registered company,named herein below,do hereby,state and declare that
I/We--------------------------------Whose names are given herein below in details with the addresses
have not filled in this tender under any other name or under the name of any other
establishment/firm or otherwise,nor are we in any way related or concerned with any
establishment/firm or any other person,who have filled in the tender for the aforesaid work”.
“ I/We------------------------------------------------------------------------------------------------full name
in capital letters, starting with surname), the Proprietor/Managing Partner/Managing
director/Holder of the Business/Manufacturer/Authorized Dealer,for the
establishment/firm/registered company,named herein below,do hereby,undertake that we have
offered the best prices for the subject supply/work to any other outside agencies including
Govt./Semi Gov. agencies and within the NMMC also. Further,we have filled in the accompanying
tender with full knowledge of the above liabilities and therefore we will not raise any objection or
dispute in any manner relating to any action including forfeiture of deposit and blacklisting,for
giving any information which is found to be incorrect and against the instruction and direction
given in this behalf in this tender
I/we further agree and undertake that in the event it is revealed subsequently after the
allotment of work/contract to me /us that any information given by me/us in this tender is false or
incorrect, I/We shall compensate theNAVI MUMBAI MUNICIPAL CORPORATION for any
such losses or inconveniences caused to the Corporation in any manner and will not resist any claim
for such compensation on any ground whatsoever. I/we agree and undertake that I/we shall not
claim in such case any amount,by way of damages or compensation for cancellation of the
contract given to me/us or any work assigned to me/us or is withdrawn by the Corporation”.
However,in case of price difference,if it is a result of differential tax structures, different
Dollar value of Rupee,differential logistic of transport etc. Considering this aspect,before invoking
the penalty,blacklisting,I/we will be given a reasonable opportunity of being heard by representing
our,case as to why such price variation/differential has been arisen.
In case if the explanation submitted by me/us is unsatisfactory then action including
forfeiture of deposit & blacklisting may be taken against me/us.
Tenderers Full name,Signature
and address with rubber stamp
(Note: This affidavit should be given on Rs. 500/- Stamp paper duly notarized by notary with
red seal and registration number.)
NAVI MUMBAI MUNICIPAL CORPORATION
(7) AGREEMENT FORM Tender, dated the .
Standing Committee Resolution No. dated .
Municipal Corporation Administrative Resolution No.---------------- dated------------------
Improvement Committee Resolution No. dated .
CONTRACT FOR THE WORK Removal of Dead and dangerous trees / branches from public as
well as private premises in “F” Ward GHANSOLI for the period of 5 years
This agreement made this day of ------------------------------------------------------------------------------------------
Thousand ---------------------------------------------------------------------------------------------------------------------
Between -----------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------
in habitants of Navi Mumbai, carrying on business at --------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
in Navi Mumbai under the style and name of Messers ------------------------------------------------------------------------------------------------------------------------------------ (Hereafter called the Contractor of the first part and
shri ----------------------------------------------------------------- the Dy. Municipal Commissioner (Garden)
(hereinafter called “the commissioner” in which expression are included unless the inclusion is
inconsistent with the context, or meaning thereof, his successor or successors for the time being holding
the after called “the corporation”) of the second part and the MUNICIPAL COMMISSIONER OF NAVI
MUMBAI MUNICIPAL CORPORATION (hereafter called “the Corporation”) of the third part
WHEREAS the c o n t r a c t o r s h a s t e n d e r e d f o r t h e c o n s t r u c t i o n , c o m p l e t i o n a n d
m a i n t e n a n c e o f t h e w o r k s d e s c r i b e d a b o v e a n d h i s t e n d e r h a s b e e n a c c e p t e d b y t h e C o m m i s s i o n e r ( W i t h t h e a p p r o v a l o f t h e S t a n d i n g C o m m i t t e e o f t h e
C o r p o r a t i o n N o w t h i s
THIS AGREEMENT WITNESSETH as flolws
1) In this agreement words and expression shall have the same meaning as are
respectively assigned to them in the General Condition of Contract for works
hereinafter referred to :-
2) The following documents shall be deemed to form and be read and constructed as
a part of this agreement viz.
a) The letter of Acceptance
b) The Bid:
c) Addendum to Bid; if any d) Tender Documents
d) The Bill of Quantities:
e) The Specification;
f) Detailed Engineering Drawing
g) Standard General Conditions of Contracts (GCC)
i) All Correspondence documents between bidder and NMMC
3) In consideration of the payments to be made by the Commissioner to the contractor as hereinafter mentioned the
contractor hereby covenants with the Commissioner to construct, complete and maintain the works in conformity
in all respects with the provision of the contract.
4) The Commissioner hereby covenants to pay to the Contractor in consideration of the construction, completion
and maintenance of the work the contract sum, at times and in the manner prescribed by the contract.
Works, On approval of the said policy and prior to its implementation, M.C. reserves the right to foreclose
the contract by issuing 30 days' notice.
IN WITNESS WHEREOF the parties hereto have caused their respective common seals to be herein to affixed (or have hereunto set their respective hands and seals) the day and year above written.
Signed, sealed and delivered by the Contractors
In the presence of Trading under the name and style of
Full Name
Address Contractors
Signed by superintendent.of Gardens Dy. Municipal Commissioner(garden)
For NAVI MUMBAI MUNICIPAL CORPORATION
The Common Seal of the Navi Mumbai Municipal Corporation
was affixed on the - day of
in the presence of -
1)
2)
Two members of the Standing Committee of
TheNAVI MUMBAI MUNICIPAL CORPORATION
Witness
--------------------------
Municipal Secretary
(8) SPECIAL INSTRUCTIONS TO TENDERERS
1.1Quantities of all items provided . may not be required to be executed depending upon the site conditions.
The Tenderer shall not be entitled for any compensation on this account. Before starting the work, Tenderer shall consult with the H.A. and shall take actual measurements on the site for procurement of material.
1.2 i) The Tenderer shall procure all material required for the work .
1.3 The tenderer shall obtain permission for erection of site office, store Nursery to be used only for
assigned work etc. on payment of necessary charges as demanded by the concerned authorities as
per prevailing rules. The watchman's cabin etc. shall be provided as directed and shall be removed by
the Tenderer on completion of the work at their cost. It is also binding on tenderer to fulfil requirements of environmental authorities. The work shall be started only after construction of site
office, cement go down, store, Nursery etc. (after completing all formalities) and after getting necessary
traffic permission, road opening permission wherever applicable. 1.4 Tenderer is requested to refer to specification of work volume II for full description of the items.
1.5 deleted
1.6 No extra payment for carrying the material by head load to work site, shall be considered under any
circumstances.
1.7 Not used Name and bio-data of the Technically qualified persons employed to supervise the work
should be intimated to office before starting of he work.
1.8 The whole work shall be finished in a workman like manner and to the entire satisfaction of the
Municipal Commissioner.
1.9 The work will be treated as completed only after cleaning the site satisfactory completion of work.
1.10 Time is the essence of the contract.
1.11 Action as per clause 90 of G.C.C will be taken if the work is not attended to within the stipulated
time.
I/We read all the special instructions to the Tenderer and I/We abide for the same.
Signature of the Tenderer
Rubber Stamp of the Firms
Witness Trading under the style and
Name of Contractors
Address
Witness NAVI MUMBAI MUNICIPAL CORPORATION
Volume 1 : Section 7
Important Instructions to Tenderers
IMPORTANT INSTRUCTIONS TO TENDERER
Name of the work: "Removal of Dead and Dangerous trees/branches from public as well as private
premises In Ward.
1. MANDATORY CONDITIONS
The tender shall be rejected if the tenderer :
A) Stipulates the validity period less than 120 days.
B) Stipulates own condition / conditions.
C) Does not fill and sign undertaking forms, which are incorporated, in the tender document.
D) Does not disclose the full name/ names address/ addresses of proprietor / partners / Directors in case
of proprietorship / partnership/ Pvt. Ltd./ Public Limited concern firm and the superintendent of Gardens
qualifications if any.
E) Does not submit documents listed in packet ‘A’ and packet ‘B’.
F) Does not have experience of executing similar type of work during last three years.
G) Does not submit PAN documents in Packet “A”
1. Tenderer should scan and upload his own “PAN Card /GST Registration Certificate” in case of
Retailer/ dealer/ Supplier / Distributor,etc.
2. in case of company or firm the tenderer should scan and upload
(a) “PAN Card /GST Registration Certificate” of proprietor in case of proprietary/ownership firm. (b) (i) “PAN Card” /GST Registration Certificate ” of company in case of Private limited Co.
(ii) “PAN Card /GST Registration Certificate” of a firm in case of
partnership firm.
(c) The Sansthas/societies/Tust which are registered under Public Trust Act 1950 / Registration Act
1860/Maharashtra Co-op. Societies registration Act 1960(whichever is applicable) has to scan and upload the
Pan card of Sanstha/Society or Trust only.
3. However,in case of public limited companies, semi-govt. Undertakings,Govt. Undertakings, no “PAN” document will be insisted.
The documents can be certified by the Gazetted Officer or officers not below rank of Assistant
superintendent of Gardens / Dy. superintendent. of gardens/ Administrative Officers of NMMC or
practicing Notary approved by the Govt. of Maharashtra or Govt. of India with his stamp with or without a
red seal clearly stating his name and registration number.
H. Non submission of undertaking for as per EPF & MP act-1952and ESIC Act 1945 in packet 'B'
NOTES :
(1) If any discrepancy observed in the amount in words and amount in figure filled by the tenderer,
the amount mentioned in words will be considered for determining the responsiveness of the tender.
(2) The tenderer will confirm valid registration from the office of superintendent. of Gardens
before executing the captioned works. Sample of Red Hill Earth, Cow Dung Manure, Sea-sand,
planting material and other relevant material.
(3) All insurances to be effected on behalf of NMMC by the contractor’s, shall be taken out from the
Director of Insurance, Maharashtra State, Griha Nirman Bhavan, 1st floor, Room No. 264, Opp.
Kalanagar, Bandra, Mumbai–400 051. If any case, the insurance cover is not offered by Maharashtra State Insurance Fund then that cover shall be taken out from the Insurance Company / Companies
approved by the Maharashtra State Insurance Fund.
(4) Tenderer shall arrange to bring readymade different ornamental plants, shrubs, trees, etc. as per
schedule rate of NMMC Tenderer should confirm the valid registration from the office of superintendent. of Gardens before executing captioned work.
(5) Deleted .
(6) The successful Tenderers shall have to submit Security Deposit (Contract Deposit) in the form of Bank
guarantee @ 5% (Five percent) of contract cost.
(7) superintendent of Gardens means superintendent of Gardens and or as defined in clause No. 4 of the
general conditions of the contract. Site in charge for relaevant works on site means officer appointed by superintendent. of Gardens.
(8) The Tenderer should note that the Estimated Cost mentioned in the Tender Document is
pertaining to ONE UNIT only.
(2) RANKING SYSTEM
1.Tenderers may quote for individual form ward even for all ward. However each tenderer will be allotted
only one ward considering lump sum amount quoted whichever is beneficial to the NMMC on basis of least cost combination. In case, if the lowest responsive contractor backs out for some reasons after accepting the
ward, his EMD will be forfeited and said firm will be de registered / black listed.
2.After opening the tenders, system generated list of the tenderer will be displayed on the basis of rate
quoted by the tenderer from the lowest to the highest and the same will be displayed within three days time
from the date of opening of the tender on NMMC e - tendercel website.
3.In case of tenders having equal rate from more than one unit, then the selection will be done as given below :
i)The Contractors who has carried out maximum tree triming work & of cost valued more will be given first
preference.(clause. 3Aii or 3Bii)
1.The Tenderer shall specifically note that his / their registration class as on the date of submission of the
tender will be considered for allotment of the unit.
VOLUME 8
1.Specifications
2. Penalty
Terminology and item description :
1) Removal of Dead trees – The tree which is completely dried without foliage and shall be
certified by officer garden department.
2) Dangerous trees – The tree which is uprooted, partially dead, leaning dangerously
over the premises/road or any structure and may cause damage to life and
property and obstruct the vehicular traffic etc.
3) Removal of branches for balancing – Any branch of any size or length which
causes imbalance of the tree which may result in to collapse of the tree causing
damage to life and property. After cutting of desired branches the bidder must
apply any reliable insecticide/pesticide/fungicide to the cut portion of the
branch as directed by department..The bidder will be responsible for proper
balancing of the tree so that same tree will not be attended at least in six month
for same purpose. If at all the same tree is to be attended the bidder has to
carry out the work with no extra cost.
4) Removal of dangerous branches - Any branch of any size or length which causes of
the tree which may result in to collapse of the tree causing damage to life and
property and obstruct the vehicular traffic. After cutting of desired
branches the bidder must apply Bordeaux Mixture or any other reliable
insecticide/pesticide to the cut portion of the plant and cover it properly as
directed by horticulturist.
5) Removal of palm trees such as Coconut/Tadgola/Bottle palm/Date palm etc.-
Any height and at any place.
6) Removal of fallen tree – Any fallen/Uprooted tree of any size or height at any place.
7) Transplantation of tree – Transplantation of any kind of tree of any kind of height or
girth from any place to designated place. While transplantation of any tree the
bidder must take utmost care of the tree in the scientific manner and transplant
the tree under guidance of designated Tree Officer and Horticulturist appointed
by the bidder. The bidder will be totally responsible for life of the tree and pre
and post operational period of the transplantation process. Under no
circumstances the transplanted tree will die in due course. Transplanting
operation shall be carried out by following due process.
a) Reducing weight of tree – To reduce the weight of tree wherever required
by removing side branches/canopy of the tree.
b) Uprooting of tree–Taking pit around the tree without damaging the root
zone.
c) Digging of pit for trasplantation -To dig up the pit as per directions of
department.
d) Creating same environment as original - To fill up the pit with red soil
and mannure as per requirment and also to check the PH value of the site.
e) Trasportation - To lift the tree by required machineries/vehicle (Crane /
JCB / Pocklain / Trailer etc.) without damaging the root zone transporting at
the desiganeted site. Transportation is to be carried out with coordination of
traffic police.
f) Subsequent care - To provide required support and watering to the tree.
8) Removal of fruits/fronds – The bidder has to remove fruits/dried leaves etc. of any
fruit bearing tree including coconuts etc.
9) The tenderer shall have to attend the complaints from the following places:
a) NMMC property
b) Government property
c) Private property
d)Slum area
10) The tenderer shall have at least following tools and implements with them
(i) Bill hook :10
(ii) Axe : 10
(iii) Electric Chain saw machines : 10
(iv) Petrol/diesel operated chain saw : 10
(v) Manually operated saw : 10
vi) Ropes : 200 mtr.
(v) Pick axe : 10
(vi) Ghamela : 25
(vii) Spade : 25
(viii) Crow bar : 5
11) Tenderer shall have to made safety arrangement for all labors deployed for the said
work.
12) The tenderer shall have to remove stump along with the roots without damaging
utility services and after removal of roots shall have to reinstate the place.
13) The tenderer shall have to remove dead and dangerous tree within 24 hours,
whereas collapsed tree attended within 2 hours from receipt of complaint.
14) The tenderer shall have to deploy at least one supervisor with mobile phone/ vehicle
& he shall be available.
15) The tenderer shall have to arrange light facilities at his own risk & cost wherever
required.
16) The tenderer shall arrange the required machineries such as JCB, Crane, forklift etc
where ever required.
17) The tenderer & his staff shall behave politely with the public while carrying out the
work.
19)The tenderer shall submit the photographs before & after carrying out each work &
daily report about the work carried out shall be submitted to the ward Jr. Tree Officer/
Hort. Assistant.
20) During monsoon the bidder shall deploy one supervisor to receive the call of
complaint at ward disaster control room for all 24 hours with mobile phone. As soon
as any complaint are received he shall mobilize all required resources to take
necessary action on complaint.
21)The bidder shall have to take utmost care to prevent the damages to the surrounding
trees/shrubs etc. while execution of work.
22) In case of imbalance or likely to dangerous tree. In such cases of trees wherever
possible shall take all such measures as per site condition to provide support so that
such tree becomes balance and safe. This work includes removal of branches,
reduction of weight etc. By this, it shall be ensured by the bidder at least for next 6
month same tree do not become imbalance or dangerous.
23) Spraying of insecticides/pesticides to the infected trees-Spraying of insecticides /
pesticides to the infected trees of any height. Insecticides / Pesticides / Fungicides
etc. shall be provided by the bidder at no extra cost and proper
precautionary measures should be taken.
24) Filling of cavities of hollow trees (Healing Treatment) – Cavities of hollow tree
shall be filled up with concreat and urethane/polyurethane foam as directed by
department.
25) Quantity mentioned in B.O.Q.may likely to vary (+ / - ) 20 % .
26) Suptd. Of garden means the any subordinate officer appointed by suptd. Of garden &
Tree officer in charge.
27) Deconcretization of tree basin- Providing and fixing of precast Tree Guard KERB
of M-20 C.C. Of hight 230mm. ,Width 100 mm length 400 mm. Finished neatly.
Compacting , curring formwork etc. Including bedding of M-10 C.C. Procured from NMMC approved R.M.C. Plant , 10 cm thick filling of jointing in C.M. 1:2 and
painting the exposed surface with three coats of road marking paint, grade 1 of
approved colors and quality including single coat of approved brand primer
including excavation in C.C. , asphalt etc. As specified as directed. Successful bidder
shall remove immediately and fill the tree basin with red hill earth .
28) Lifting & disposal of tree cutting material contractors own Responsibility.
29) The tender shall have to remove Nails, Banner, Poster, Wire, Tree guard, which
harmful to life of Tree.
ANNEXURE ‘ ’
I N D E M N I T Y B O N D
ON STAMP PAPER OF VALUE OF RS. 500/-
In consideration of Navi Mumbai Muncipal Corporation incorporated under BPMC act 1949 and having its office at
Blapur Bhavan, 1st Floor, C.B.D. Belapur, Navi Mumbai-400614. (hereinafter referred to as the Corporation, which
expression, shall unless it be repugnant to the context or meaning thereof includes its successors or assigns) having awarded
to M/s. ______________________________________________________________________________ a
Partnership/Proprietorship/Pvt. Ltd./Ltd. firm carrying in such name and style the business of construction (hereinafter
referred to as the Contractor which expression shall, unless it be repugnant to the context or meaning thereof, includes its
partners or Partner/Proprietor for the time being or its surviving Partner or his heirs and executors) for the work of
___________________________________________________________________________________________________
____________________________________________________________________at an ______ percent above / below
estimated cost of Rs. ___________________ and in compliance with one of the terms and conditions of the said Contract.
We, M/s. _________________________________________________________________ being the Contractor do hereby
agree and undertake and indemnify and save harmless the Corporation in consequence of the manufacturing defect, patent
manufacturing defect and construction defect found in the constructed work at any time in a defect liability period of
_______ years with the grant of completion certificate by the Corporation to the Contractor in accordance with and subject
to the provision of the said contract.
It is hereby agreed and declared that the Dy. Municipal Commissioner of the Corporation or any officer acting as such Dy.
Municipal Commissioner of the Corporation shall be the Competent Authority to decide upon the question as to the defects
in the construction of works and the remedy to be applied by the Contractor for their rectification at his cost and his
decision shall be final, conclusive and binding upon both the Corporation and the Contractor, provided that the Dy.
Municipal Commissioner shall so decide after giving an opportunity to the Contractor to represent his case.
We hereby agree and undertake irrevocable and unconditionally to carry out duly each and very decision, order, direction or
instruction as may be issued by the said Additional City Engineer or as the case may be, the officer of the Corporation in
his behalf and to rectify properly and promptly the defect found by him.
FOR AND ON BEHALF OF M/S._____________________________________
__________________________________________________________________
Place :- __________________
Date :- __________________
S E A L
Notary, Maharashtra State
BEFORE ME
Notary, Maharashtra State
Noted and Registered at _________________________________
Serial Number
____________________
For & on Behalf of Corporation.
Accepted By.
Annexure –
UNDERTAKING
(On a Rs. 500/- Stamp paper)
The information / documents submitted by us are true to our knowledge and if the information
/documents so furnished shall be found to be untrue or false, the Tender shall be liable to be disqualified and our
Earnest Money accompanying Tender will be forfeited.
Also I/We aware that if the information / document found to be untrue or false during the currency of Contract,
our Contract liable to be terminated.
.................................................... I / We hereby declare that I / We have made myself / ourselves thoroughly
conversant with the sub-soil conditions regarding all materials (such as stone, murum, sand, etc.) and labour of
which I / We have based my / our rates for this Work. The specifications, conditions bore results and lead of
materials on this Work have been carefully studied and understood by me / us before submitting this Tender. I /
We undertake to use only the best materials approved by the DMC, N.M.M.C. or his duly authorised assistant,
before starting the Work and to abide by his decision.
I/ we agree that the amount of Earnest Money shall not bear interest and shall be liable to be forfeited to the
corporation, should I/we fail to (i) Abide by the stipulation to keep the offer open for the period of 120 days
from the date fixed for opening the same and thereafter until it is withdrawn by me/ us by notice in writing duly
addressed to the authority opening the Tenders. (ii) Security Deposit as specified in Schedule ‘A’ and within the
time limit laid down in 24 of Detailed Tender Notice. 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 forfeit as aforesaid.
Should this Tender be accepted I/ we hereby agree to abide by and fulfill all the terms and provisions
of the conditions of contract annexed hereto so far as applicable and in default thereof to forfeited
and pay to NMMC the sums of money mentioned in the said conditions.
Demand draft No...............................Dated ...................... from the Nationalised/ Scheduled Bank
at........................................................... in respect of the sum of
*Rs................................................................... is herewith forwarded representing the Earnest
Money (a) the full value of which is to be absolutely forfeited to N.M.M.C. should I/ we not deposit
the full amount of security deposit specified in the Detailed Tender Notice.
Tenderer ........................................................................
Address ........................................................................
................................................................
Date the .............................. day of ......................... 20 Signature of Tenderer
(witness) ........................................................................ Signature of Witness
Address ..........................................................................
ANNEXURE ‘ ’
A F F I D A V I T
ON STAMP PAPER OF VALUE OF RS. 500/-
I/We hereby state that we are aware of the provisions of section 10 (f) & (g) of the BPMC Act. 1949 which are reproduced
below, and solemnly state that we have no partnership or any share of the any Corporator of this Corporation in our
company and are not associated presently or in the past with any of the office bearers or Corporator of the Navi Mumbai
Municipal Corporation either directly or indirectly.
10(f) “Subject to the provisions of sub-section (2), has directly or indirectly, by himself or his partner any share or
interest in any Contract or employment with, by or on behalf of the Corporation”.
10 (g) “Having been elected a councilor is retained or employed in any professional capacity either personally or in the
name of a firm in which he is a partner or with whom he is engaged in a professional capacity in connection with any cause
or proceeding in which the Corporation or the Commissioner or the Transport Manager is interested or concerned”
We are aware that the above information if found to be untrue or false, we are liable to be disqualified and the Earnest
Money accompanying the Tender shall stand forfeited to the Corporation. We are also aware that if the information
produced above if found to be untrue or false during the currency of the Contract, we shall be held to be in default and the
Contract, if any awarded to us, shall be liable to be terminated with all its concurrences.
Tenderer .....................................................................................
Address .....................................................................................
. .....................................................................................
Date the ......................... day of ....................... 20 Signature of Tenderer
Witness ........................................................................................
Address ........................................................................................
......................................................................................
(Occupation)......................................................
Signature of Witness
Subject as otherwise provided in this contract all notice to be given on behalf of the Corporation
and all other actions to be taken on its behalf may be given or taken by the Engineer or any officer
for the time being entrusted with the functions, duties and powers of the Engineer.
Affidavit (on 500/-stamp paper)
I………………………………………..age…………………………………………….address…………………………………………….(Authoszed
signatory to sign the contract, hereby submit, vide this affidavit in truth, that I am the owner of the contracting
firm…………………………………………. authorized signatory and I am submitting the documents in envelop no 1. For
the purpose of scrutiny of the contract. I hereby agree to the conditions mentioned below.-
1. I am liable for action under Indian Penal Code for submission of any false/ fraudulent
paper/information submitted in envelop no .1.
2. I am liable for action under India pinal code if during contract period and defect liability
period, an false information, false of bill of purchases supporting proof of purchase, proof
of testing submitted by my staff, subletting company or by myself, I will be liable for action
under Indian Penal Code.
3. I am liable for action under Indian Penal Code if any paper are found false/ fraudulent
during contract period and even after the completion of contract ( Finalisation of final bill)
(Signature of contractor)
(Seal of company)
प�र�शIट -1
नमनुा सJय�KतLाप� (Mपये 500/-Oया Pटँप पेपरवर)
मी…………………………………………………………………………………………………..वय वषU………………………………………राहणार
……………………………………………………………………………………………………. या सJय�KतLा प�ाXवारे �लहून देतो क[, मी
……………………………………………………………………………… या फम]चा/कंपनीचा मालक असनू…………………………………….. या
कामासाठ` Kनaवदा सादर कर�त आहे. Jया KनaवदेOया �लफाफा .1 मcये जी कागदप� ेसादरकेल� आहेत ती
खर�, बरोबर व पणु] आहेत. Jयामcये कोणJयाह� �टु�, चकुा नाह�त, याची मी खा�ी केलेल� असनू असे
शपथपवु]क खाल�ल अट� व शथfसह माgय कर�त आहे. या कागदप�ांमcये काह� चुक[ची, दशाभलु करणार�,
खोट� व तसेच अपणु] मा हती आढळjयास मी भारतीय दंडस ंहता अतंग]त कायदेशीर काय]वाह�स पा� राह�न.
1. जर कं�ाट कालावधी दरlयान, मी, माmया काया]लयानो nकंवा माmया कम]चार-यांनी साव]जKनक बांधकाम
aवभागाला कोणतीह� खोट� मा हती nकंवा देयकासमवेत तसेच प�oयावहारात खोट�/बनावट सा हJय खरेद�ची
कागदप� ेसादर केल� असjयास, मी भारतीय दंडस ंहता अतंग]त कायदेशीर काय]वाह�स पा� राह�न.
2. जर कं�ाट कालावधीदरlयान आpण काम समाqतीनतंर, अKंतम देयक देrयाOया तारखेपयsत सादर केलेल
कोणतहे� कागदप� ेखोट�/बनावट nकंवा फसवी आढळjयास, मी भारतीय दंडस ंहता अतंग]त कायदेशील काय]वाह�स
पा� राह�न.
3. जर काम समाqतीनतंर दोष दाKयJव कालावधी दरlयान nकंवा Jयानतंर कोणJयाह� वेळी, कोणतीह� मा हती
nकंवा कागदप� ेखोट�//बनावट nकंवा फसवी आढळjयास, मी भारतीय दंडस ंहता अतंग]त कायदेशील काय]वाह�स
पा� राह�न.
कं�ाटदाराची सह� / �शtका
Penalty Chart
Sr.
No.
Description Penalty
1 Failure to remove Tree Cutting / Foliage/ logs/ Stumps etc within
48 hours
Rs. 500/- per day
per tree
2 Failure to attend the complaint of trimming of branches within
stipulated time period
Rs. 500/- per Tree
3 Failure to attend the complaint of dead/dangerous tree located at
any place within stipulated time period
Rs.5,000/- per
tree.
4 Failure to attend the complaint of uprooted and fallen tree
located at any place within stipulated period
Rs.2,000/- per
tree.
4 Failure to attend the complaint of any fallen tree on any road
affecting traffic within stipulated time period
Rs5,000/-per tree
5 Failure to carry out successful transplantation of any tree i.e.
if the transplanted tree dies within six months.
Rs5,000/-per tree
6 Failure to non application of reliable insecticide/pesticide to the
branch as directed by horticulturist within stipulated time period
Rs.100/- per
branch
7 Failure to remove fruits/fronds within stipulated time period Rs.500/- per tree
8 Failure to repaire or restores the damaged portion while
execution of the work as per site condition on NMMC premisses
Damages assisted
by ward engineer
plus 20%
9 Damages to surrounding trees/shrubs while exection of work. Rs.500/- per
incidance
10 Failure to sparying insecticides/pesticides/fungicides etc.within
stipulated time period.
Rs.500/- per tree
11 Failure to filling cavity of hollow tree. Rs.2500/-per tree
12 Fails to deconcretize of tree basin Rs,1000/- per tree
13 Failure to remove conceret material for site after deconcretize Rs. 500/- per tree
14 Failure to lifting / disposal of unclaimed tree cutting item no. 29 Rs. 500/- per spot
Schedule “B” TENDER NOTICE NO.-NMMC/GARDEN/B1/65(5)/2019-20
Removal of Dead and dangerous trees/branches from public as well as private premises in
“F” Ward GHANSOLI for the period of 5 years.
Sr.
No. Description Quantity
Base Rate
Per Units in
Rs.
Estimate
amount as per
Unit Base Rate
in Rs.
Unit Rate
Quoted by
Tenderer in
Rs.
Amount
Quoted by
Tenderer in
Rs.
1 2 3 4 5 6 7
1 Removal of dead trees having girth upto 12"
to 36" as per specification
18 3500 63000
2 Removal of dead trees having girth upto 37"
to 72" as per specification
18 7500 135000
3 Removal of dangerous trees having girth 12"
to 36" as per specification
18 4000 72000
4 Removal of dangerous trees having girth 37"
to 72" as per specification
18 12000 216000
5 Removal of Braches of trees having girth 12"
to 36" as per specifications
1000 1500 1500000
6 Removal of Braches of trees having girth 37"
to 72" as per specifications
100 3000 300000
7
Removal of easily accesible fallen trees
having girth upto 12" to 36" as per
specification
18 4000 72000
8
Removal of easily accesible fallen trees
having girth upto 37" to 72" as per
specification
18 12000 216000
9 Removal of non accessible fallen trees having
girth upto 12" to 36" as per specification
18 10000 180000
10 Removal of non accessible fallen trees having
girth upto 37" to 72" as per specification
18 18000 324000
11
Transplantation of trees at some
plot/location having girth upto 12" to 36" as
per specification
18 14500 261000
12 Filling of Cavities of hollow trees (healing
treatmnent) per tree
18 3000 54000
13 Treating/spraying of pesiticide at stem zone
of tree having stem height below 20 ft
18 300 5400
14 Treating/spraying of pesiticide at stem zone
of tree having stem height above 20 ft
18 500 9000
Total Amount per year 3407400
(Rupees In words------------------------------------------------------------------------------------------------------------------------)
Five Years Total Amount 17037000
(Rupees In words------------------------------------------------------------------------------------------------------------------------)
Signature of Tenderer No. of corrections