Embed Size (px)
DESCRIPTION
Tender for Term Contract MTNL Duct for Navi Mumbai Area
Citation preview
1 --------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
MAHANAGAR TELEPHONE NIGAM LIMITED ( A GOVT., OF INDIA ENTERPRISE )
NAME OF WORK : TERM CONTRACT FOR THE REHABILITATION,
MAINTENANCE & CONSTRUCTION OF CABLE
DUCT SYSTEM OF VARIOUS TELEPHONE EXCHANGE AREAS
FOR THE YEAR 2013-2014(2ND CALL)
(2013-2014)
2 --------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
GENERAL TERMS & CONDITIONS INDEX
PAGES PART - I TERMS AND CONDITIONS A) NOTICE INVITING TENDER 1 – 3 Part A-Technical Bid 4-5 Part B-Financial Bid 6 Memorandum 7 Acceptance 8 B) INSTRUCTIONS TO TENDERER 9 – 10 Additional instructions for submission of online tenderers 11-14 C) GENERAL CONDITIONS OF CONTRACT 1.0 Definitions 15 2.0 Interpretations 16 2.1 Singular and Plural 16 2.2 Headings and Marginal notes 16 2.3 Meanings 16 2.4 Languages and Measures 16 3.0 General 16 3.1 Transfer of Documents 16 3.2 Site Availability 17 3.3 Tenderer to have visited Site 17 3.4 Changes in Layout 17 3.5 Tenderer to obtain his own information 17 3.6 Works to be carried out 17 3.7 Quantities 17 3.8 List of MTNL Employees 17 3.9 MTNL Employees not bound personally 17 4.0 Forfeiture of Earnest Money 17 5.0 Validity of Tender 18 6.0 Time Schedule and Delay 18 7.0 Submission of Tender 18 8.0 Right of MTNL to accept or reject Tender 19 9.0 Contract 19 10.0 Contract Documents - General 20 11.0 Performance Guarantee and Security Deposit 20 12.0 Deviations / Variations - Extent & Pricing 21 13.0 Suspension of Work 22 14.0 Compensation for Delay 22 15.0 Breach of Contract 22 16.0 Contractor’s liability to pay compensation 24 17.0 Action and Compensation in case of bad work and Audit 24 18.0 Technical Examination and Audit 24 19.0 Power of Entry 25 20.0 Foreclosure / Restriction/Deviation of Contract 25 21.0 Termination of Contract on Death 26 22.0 Compensation Not Relatable to Actual Loss 26 23.0 Site drainage, nuisance etc. 26 24.0 Materials obtained from excavations 27 25.0 Watch and Ward 27 26.0 Supervision of Works 27 27.0 Instructions and Notices 27 28.0 Inspection and Approval 27 29.0 Delegation of powers by Engineer-in-Charge 28 30.0 Completion Certificate 28
3 --------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
31.0 Contractor’s Liability 28 32.0 Defect liability period 29 33.0 Insurance 29 34.0 Guarantee 30 35.0 Sub-Contracting 30 36.0 Rights of various interests 31 37.0 Adherence to Govt. Regulations 31 38.0 Changes in Constitution 31 39.0 Apprentice Act 31 40.0 Materials 31 41.0 Labour 32 42.0 Model rules for labour welfare and safety code 33 43.0 Failure to comply with Labour Regulations / Act / Rules 33 44.0 Rates to cover 34 45.0 Patent Rights 36 46.0 Payments 36 47.0 Liens 38 48.0 Arbitration/Settlement of Disputes 38 49.0 Plant, Temporary works & materials 39 50.0 Approval / permission from Municipal & other local bodies 39 51.0 Employment of Technical staff 39 52.0 Contractor to supply all labour equipment, materials etc. 40 53.0 Employee provident fund scheme to be complied by the contractor 40 APPENDICES AND ANNEXURES 41 Appendix I Model Safety Code 42 Annexure I Proforma for Agreement 45 Annexure II Proforma for Performance Guarantee 47 Annexure III Proforma for Bank Guarantee for Security Deposit 49 Annexure IV Proforma for Notice of Invocation of Bank Guarantee 51 Interutility Organisation & Code of Conduct for road excavation 52 Part “A” Interutility Organisation 53 Part “B” Interutility Code of Conduct 55 Rates of Penalty 58 Special Condition of Contract 59 Special Conditions A 60 Technical Specifications & drawing 63 Schedule of Quantities 70 – 79 Brief Description of Item of Work indicated in schedule of work 80 -- 85
1
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
NOTICE INVITING e-TENDER(2nd Call) No.EE(Civil)NMI/DGM(C)NM/13-14/e-tender/TC Duct Dated :- 02.07.2013
1. On line bids for TERM CONTRACTS for the rehabilitation, maintenance and construction of cable duct system (2nd Call) of following areas for the period of one year are invited online through e-procurement system of MTNL in two parts (Part A Technical Bid & Part B Financial Bid) in the prescribed forms on behalf of MTNL by concerned Executive Engineers (as given in Para 14) from eligible contractors registered in appropriate category with Department of Telecommunications, BSNL(Civil wing), Department of Posts(Civil Wing), CPWD, M.E.S, Railways, State PWD. Central Government/State Government Public Sector Undertaking fulfilling the eligibility condition of para (3) shall also be eligible to quote for the works. The registration of contractors should be valid on the last date of online opening of tenders.
SR.NO. T.E.BLDG. MTCE. EST. COST EMD
Rehabilitation, maintenance & construction of cable duct system in the following Telephone Exchange areas.
1 Vashi T E Area 2122500.00 42450/- 2 Turbhe T.E. Area 770500.00 15410/- 3 Panvel T.E. area 2633000.00 52660/- 4 Uran T.E. area 3240000.00 64800/-
2. Dates for submission of online tenders shall be as follows. a) Last date of online submission of e-Tender along with
scanned photocopies of eligibility documents : upto 15.00 hrs. on or before 17.07.2013
b) Start and closing time and date for submission of Tender cost/EMD/ASD :- Start time and date: From 15.00 Hrs.on 17.07.2013 Closing time and date: Upto 15.00 Hrs.on 18.07.2013 c) Technical Bid will be opened first on/after 12.00 Hrs on 19/07/2013. d) Financial Bid of technically qualified contractors only will be opened on /after 20.07.2013 at 15.00 Hrs. e) i) EMD and ASD of non eligible tenderer shall be refundable.
ii) Cost of tender forms (Non-refundable) amounting to Rs.525/- for works costing upto Rs.50 lakh and Rs.1050/- for works costing above Rs.50 lakhs, shall be submitted by eligible tenderers in a separate sealed cover offline at the o/o the concerned Executive Engineer (civil) before the stipulated time and date as mentioned.
EMD, Tender cost, ASD if any will not be received before and after the start and closing time and date mentioned above.
3. Similar Work Definition: The works to be executed shall include repairs and/or rehabilitation of manholes/ hand holes / pulling
chambers and duct/duct connectivity works pertaining to underground cable duct/sewer/water supply lines and hence experience of this type of work shall be considered for fulfilling the requirements of experience.
2
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
However the pipes provided for road crossing under C.C. Roads shall not be considered under the category of underground cable duct (civil) works.
. All intending tenderers should have completed similar work during the last seven years (i.e. work
completed on or after 30st June 2006). One similar work amounting to not less than 80% of estimated cost of individual work put to tender.
OR
Two similar works costing not less than 50% of Estimated Cost
OR
Three similar works not less than 40% of Estimated cost.
4. The intending tenderers while submitting of online tender forms shall submit details of scanned copies of
Registration Certificate, Service Tax Certificate and list of completed works alongwith attested copies of certificates/ testimonials of their satisfactory completion of work from the department concerned obtained from an officer not below the rank of Executive Engineer or equivalent. They shall produce the Original documents for verifications, if required. Service tax -The contractor shall attach scanned copy of service tax registration certificate at the time of online submission of tender document.
5. Name of work and name of agencies should be written on all envelopes. 6. The cost of tender form as indicated in para 2 e) ii) is payable by Demand Draft/pay order drawn on
Scheduled / Nationalised Bank in favour of Accounts Officer(Cash)BW, MTNL, Mumbai
7. The corresponding E.M.D should be deposited in a form of Demand Draft/pay order drawn on Schedule/Nationalised Bank in favour of A.O (Cash-BW), MTNL, Mumbai. The application for tender submitted without EMD shall be considered NON-RESPONSIVE and shall be summarily rejected.
8. The intending tenderers shall have to pay the additional security deposit in a single demand draft/pay order over and above the Earnest Money deposit as explained in Clause 7.6. of the tender document, alongwith the tender cost & EMD in the form of Demand Draft payable to Accounts Officer(Cash-BW), MTNL, Mumbai, in a separate sealed cover, if the tenderer is quoting the percentage below more than 10% of the estimated cost put to tender. The tender without the required Additional security deposit or submitted in multiple draft/pay order shall be considered as non responsive and will be summarily rejected. No ASD is required to be submitted if the percentage quoted is at par/above or within 10% below the estimated cost put to tender.
9. Tenderers are eligible to quote for any number of works.
a) In case of a tie amongst the lowest tender MTNL reserve the right to resolve the tie by asking for revised reduce bid offer or deciding the tender by draw or lots etc. MTNL reserve the right to accept or reject any tender in this regard.
10. Tenderer or his authorized representative if so desired may remain present at the time of scheduled date and time of tender opening at the o/o the concerned Executive Engineer (civil).The opening of tender can be online only.
11. Tender shall be submitted only through http://eprocurement.mtnl.net.in 12. Booklet containing terms and conditions and schedule of rates is also available on website
www.nividasewa.com or www.tender-mart.com or www.mtnl.net.in or which can be viewed/downloaded by the intending tenderers.
13. Submission of tenders:
The Tenderer shall submit the tender in the following manner:
3
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
a) Tender shall be submitted only through http://eprocurement.mtnl.net.in
The bid which is received without EMD as prescribed and required ASD if any shall be considered as non responsive and shall not be opened. All the digital envelopes should mention the name of work and the contents in the envelope.
b) The earnest money and the cost of the tender documents, Additional security Deposit shall be deposited as per para 2(b) above in the NIT to the concerned Executive Engineer in a form of Demand Draft / Pay Order of a Scheduled Bank or Nationalized Bank drawn in favour of AO cash (BW), MTNL, Mumbai of required amount, valid for at least 90 days from the date of submission of online tenders. Separate Demand Drafts/ Pay Orders shall be submitted for EMD and the cost of tender documents. Additional security deposit (If required) is to be paid prior or on the stipulated date.
c) All the scanned copies of the documents required for eligibility criteria shall be attached in PART A i.e.Technical Bid. PART B Contains Financial bid form. Contractor should enter rate only in financial Bid form of Part B. In case the earnest money, Additional Security Deposit and the cost of tender documents are not deposited before the scheduled date and time or they are not in proper form, the tender shall be summarily rejected.
14. The tender forms will be received ONLINE only through http://eprocurement.mtnl.net.in by the Executive
Engineers Civil, as indicated below:-
Sl.No 1 EE(Civil), NM-I Vashi Sector-16A T E Bldg, Mumbai-400 068. Tel. No. 27662766 15. The Bidders may also submit the hard copy parallel before due date and time of submission of Bid.In case of
non-functioning / malfunctioning of e-procurement system, the hard copy will be opened with the approval of tender approving authority.If any bidder does not submit hard copy,it will be at the bidder’s risk.
EE (Civil) NMI,
MTNL, Navi Mumbai-400701
Approved
DGM(Civil)NM
4
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
TECHNICAL BID
NAME OF WORK : AS PER NIT PAGE NO. 1
Sr.No. Envelope Perticulars of Document Attached scanned
copy. Yes/No
1. A Registration Certificate: Registration in appropriate category with Department of Telecommunications, BSNL(Civil) wing, Department of Posts(Civil Wing), CPWD, M.E.S, Railways, State PWD. Central Government/State Government Public Sector Undertaking fulfilling the eligibility condition of para (3) shall also be eligible to quote for the works. The registration of contractors should be valid on the date of online submission of tenders.
2. B Work Completion Certificate: The intending tenderer(s) should have executed shall include repairs and/or rehabilitation of manholes/ hand holes / pulling chambers and duct/duct connectivity works pertaining to underground cable duct/sewer/water supply lines and hence experience of this type of work shall be considered for fulfilling the requirements of experience. However the pipes provided for road crossing under C.C. Roads shall not be considered under the category of underground cable duct (civil) works.
The intending tenderers while submission of online tender forms shall submit details of scanned copies of Registration particulars, service tax certificate and list of completed works alongwith attested copies of certificates/ testimonials of their satisfactory completion of work of magnitude as mentioned below from the department concerned obtained from an officer not below the rank of Executive Engineer or equivalent. They shall produce the Original documents for verifications, if required. Agency submitting online tender should fulfill any one of the following condition during last seven years i.e the works completed on or after 30/07/2006 shall only be considered.. i) One completed work of 80% of Estimated cost OR ii) Two completed works of 50% of Estimated Cost OR iii) Three completed works of 40% of Estimated cost
3. C Registration for Service Tax: The contractor shall attach scanned copy of service tax registration certificate
5
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
4. D Cost of tender forms (Non refundable) & EMD: Cost of tender forms & EMD (Non-refundable) amounting to Rs.525/- for works costing upto Rs.50 lakh and Rs.1050/- for work costing above Rs.50 lakhs, shall be submitted by agencies in a separate cover offline at the o/o the concerned Executive Engineer (civil) before the stipulated time and date . Tender cost & EMD will not be received after the closing of date and time mentioned in NIT.
5. E Registration for CESS: The contractor shall attach scanned copy of cess registration certificate.( For Navi Mumbai area only)
6. F Additional Security Deposit: If the tenderer is quoting the percentage at par or beyond 10 % below the estimated cost put to tender, the intending tenderer shall have to pay the additional security deposit of the requisite amount over and above the Earnest Money Deposit as explained in clause 7.6.
Note: Scanned documents may be verified with originals before the award of work. In case any discrepancy is found between attested scanned copies and originals, MTNL reserve the right to take suitable penal action such as forfeiture of EMD etc. against the agency and his tender will be summarily rejected. For detail instruction about e-tendering please click on the Digital certificate & Vender Manual link available on the http://eprocurement.mtnl.net.in website of MTNL
EE (Civil) NMI, MTNL, Navi Mumbai-400701
6
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
FINANCIAL BID (PART B)
Name of work : AS PER NIT PAGE NO. 1 Estimated cost :. AS PER NIT PAGE NO. 1 Sr.No. Perticulars Estimated
Cost put to Tender.
Quoted percentage (above or below Estimated Cost)
Amount
1. Percentage on the above mentioned estimated
cost put to tender as well as on the rates
mentioned in “SCHEDULE OF ITEMS AND RATE FOR DUCT MAINTENANCE WORK 2012-13
(Section-B) (From Page no. P-70 to P-79).
Rs………..
Total Amount.
Rs.
a) Quoted percentage in figures : _____________________________________ (above or below Estimated Cost)
b) Quoted percentage in words : _____________________________________ (above or below Estimated Cost) I (We) hereby intend to charge the above mentioned percentage on the above mentioned estimated cost put to tender as
well as on the rates mentioned in “SCHEDULE OF ITEMS AND RATE FOR DUCT MAINTENANCE WORK 2013-14 (Section-B) (From Page no. P- 70 to P- 79 ).
SIGNATURE OF THE CONTRACTOR
7
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
MEMORANDUM
(a) Name of work Term contract for Rehabilitation, Maintenance & Construction of Cable Duct System of various Telephone Exchange Areas for the year 2013-14(2nd Call)
(b) Estimate Cost : As per NIT. (c) Earnest Money: As per NIT (d) Performance Guarantee @ 5% (subject to a max. of Rs.10 lakhs) of awarded cost of work. (e) The retention money (security deposit) will be at uniform rate of 5% of the awarded cost of work. The
security deposit will be collected by deductions from the running bills of contractor at the rates mentioned as per clause 12.2 and the earnest money if deposited in DD at the time of application will be treated as part of security deposit.
(f) Time allowed for the work will be reckoned from the 15th day after the date of written order to commence
and will be 12(Twelve) months. Should this tender be accepted in whole or in part I/We hereby agree (i) to abide by and fulfill all the terms
and provisions of the said conditions annexed hereto and all the terms and provisions contained in notice inviting tender so far as application, and/or in default thereof to forfeit and pay to the Mahanagar Telephone Nigam Limited, Mumbai, the sum of money mentioned in the said conditions. A sum of EMD as per NIT has already been submitted in form of Demand Draft of Nationalised bank drawn in favour of Accounts Officer(Cash)BW, M.T.N.L., Mumbai as Earnest money. If I/We fail to commence the work specified in the above Memorandum I/We agree that the M T N L,. Mumbai shall without prejudice to any other right or remedy be at liberty to forfeit the said earnest money absolutely. Otherwise the said earnest money shall be retained by MTNL towards security deposit mentioned against Clause (c) above.
(g) To execute all the works referred to in the tender documents upon the terms and conditions, contained or
referred to therein and to carryout such deviations as may be ordered from time to time.
I/We agree that should I/We fail to commence the work specified in the above memorandum an amount equal to the amount of the Earnest Money mentioned in the form of invitation of tender shall be absolutely forfeited to M.T.N.Ltd ,Mumbai.
(h) I/We hereby declare that no addition/deletion/correction have been made in the tender documents submitted
and it is identical to the tender documents appearing on MTNL website, In case of any addition/deletion/correction found by MTNL in the tender document, the tender shall be treated as NON-RESPONSIVE AND SHALL BE REJECTED.
Signature of Contractor Dated the…………………….day of…………………20 Witness………………………………………………… (Name of the contractor) Address (Stamp of the firm)
8
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
AC-2 ACCEPTANCE
The above tender for the work of term contract for maintenance and miscellaneous civil works for one year
(2013-14) for TE Bldg…………………… ………… ……… ………… ……… ……… ……
………………………………………………………………………………………………………………… for a sum
of Rs……………………… (Rupees…………………… …………… ………… ………… ……
…………………………………………....) which is ………………,% above/below the estimated cost, is
hereby accepted by me (Designation of the officer)……………………………….on behalf of the Mahanagar
Telephone Nigam Limited, Mumbai.
(Signature of the Officer) Dated, the…………………..day of……………..20......
AC-3
9
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
MAHANAGAR TELEPHONE NIGAM LIMITED ( A GOVT., OF INDIA ENTERPRISE )
INSTRUCTIONS TO TENDERER
1. The Executive Engineer (CIVIL ), NM-I, MTNL, Mumbai invites the tenders for and on behalf of MTNL for the work detailed in the Press Notice for invitation of Tender.
2.(i) The tender document for the work, shall consist of the following. PART - I Instructions to tenderer. General Conditions of Contract. Special Conditions of Contract. PART - II Pricing Schedule Schedule of items for Term Contract (Section A ) Abstract of Cost (Section B) 2. (ii) The Site for the work is available. 2. (iii) Scope of work shall include all works to be carried out in T.E. / Admin./Residential building including
rented buildings in the said T.E. area. 3. The tenderer must submit his tender on the prescribed tender form duly completed and signed by the
tenderer. The tender shall always be placed under wax sealed cover superscribed with the following information and affixed with his signatures over his stamp :
Name of the work Name of the tenderer. Date of submission of the tender. The sealed envelope containing tenders shall be addressed to the Executive Engineer (CIVIL)NM-I,
Sector16A Telephone Exchange,Vashi,Navi Mumbai-400701. The Envelope will be received in the
office of the Executive Engineer (CIVIL), NM-I upto 15.00 Hrs. on or before 17/07/2013 and EMD/ASD
as per page 1.In case of problem in e-tendering system, physical tenders will be opened by the Executive
Engineer (CIVIL) or his duly authorised representative in his office with the approval of tender approving
authority in the presence of the tenderers who wish to remain present. Unsealed tenders are liable to be
rejected.
4. Earnest Money as per NIT in the form of a Demand Draft payable to The Accounts Officer (Cash) BW,
MTNL, Mumbai is to be submitted as per para 7 of NIT. The tenders which are not accompanied by the
EMD of the prescribed amount and in the prescribed manner shall to be summarily rejected.
5. Additional Security Deposit amounting to Rs._____________________ (Rupees _______ ______________________________________________________) in the form of a Demand Draft payable to the Accounts Officer (Cash) Bldg. Works, MTNL, Mumbai must accompany each tender, as per clause 8.6 in a separate envelope alongwith Earnest Money. The tenders which are not accompanied by the additional Security Deposit, if needed of the prescribed amount and in the prescribed manner shall be summarily rejected and shall be treated as non responsive.
6. (a) The tenderer whose tender is accepted will be required to furnish Bank Guarantee by way of Performance
Guarantee for due fulfillment of his Contract. Such sum will be at the rate of 5% (five percent) of the Contract Value. The Performance Guarantee shall remain valid upto the completion of the Work and shall be released only after satisfactory completion of the work.
10
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
6. (b) Security Deposit (SD) shall be collected by deductions from the running bills of the Contractor at the rate of
10% (ten percent) of the gross value of the work done in each running bill till it reaches 5% of the contract value. Earnest Money deposited at the time of submission of tender will be treated as part of the Security Deposit. The Security Deposit shall be retained and the same shall be released after six months from the date of completion of work or finalisation of the bill whichever is later. The payment i.e. final payment for individual job orders will be treated as “Running Bill” for this purpose.
7. MTNL, does not bind itself to accept the lowest tender and reserves to itself the right to reject all or any of
the tenders received without assigning any reason. Tenders in which any of the prescribed conditions are not fulfilled or are incomplete in any respect, are liable to be rejected.
8. The Abstract of cost (Section B) under pricing schedules should be filled up properly in figures as well as in
words by the tenderer. 9. No Engineer of Gazetted rank or other Gazetted officer employed in Engineering or Administration duties in
an Engineering Department of MTNL/Govt. of India is allowed to work as a contractor for a period of two years from the date of his retirement from Govt. Service without the previous permission of the Govt. of India/MTNL. This contract is liable to be cancelled, if either the Contractor or any of his employee is found, at any time, to be such a person, who has not obtained permission of the Govt. of India/MTNL as aforesaid, before submission of the tender or engagement in the Contractor’s service.
10. If it is found that the tender is not submitted in proper manner or contains too many corrections or absurd rates or amounts, it would be open for the MTNL to take suitable disciplinary action against the Contractor.
11. Engineer-in-charge or his duly authorised representative will open tenders in the presence of intending contractors who may be present at the time of opening.
12. The work shall be carried out by the Contractor in a manner complying in all respect with the requirements of all the relevant bye-laws/orders of the Local/Municipal bodies and pay all fees and charges which may be leviable at his own cost. Wherever local bye laws required engagement of licensed plumbers/Electrical Inspectors or any other specialised persons, the Contractor shall engage them at his own cost. The completion certificates, wherever applicable, to meet the statutory obligations, shall be arranged by the Contractor.
13. Wherever applicable the work will be carried out in accordance with the Architectural Drawings and Structural Drawings to be issued by the Engineer-in-Charge. The Structural and Architectural Drawings shall have to be properly correlated before executing the Work. In case of any difference noticed between Architectural and Structural drawings, final decision, in writing, of the Engineer-in-Charge shall be obtained by the Contractor before proceeding further with the execution. For items where so required, samples shall be produced/prepared by the contractor before starting the execution of particular item(s) of work for prior approval of the Engineer-in-Charge and nothing extra shall be payable on this account.
11
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
MAHANAGAR TELEPHONE NIGAM LIMITED ( A GOVT., OF INDIA ENTERPRISE )
ADDITIONAL INSTRUCTIONS FOR SUBMISSION OF ON LINE TENDER
E-procurement system” is an on line portal for tender process in MTNL Mumbai. and it’s URL is https://eprocurement.mtnl.net.in . Bidders may obtain Digital Signatures directly from authorized certifying authorities viz. NIC, MTNL, e-Mudhra, TCS, Safescrypt, GNFC, etc. details of these including fee structure, application form, etc. are available on http://cca.gov.in. The intending bidder must have Class III authorized individual Digital signature Certificate (DC) from the authorized companies nominated by the government. DC should be installed in the computer through which the agency wishes to submit online tender. After obtaining DC contractor should get registered on mtnl website https://eprocurement.mtnl.net.in. after filling necessary information and DC number. The contractor has to create his own user Id and Password for login at https://eprocurement.mtnl.net.in and submission of his tender. 1.0 GENERAL
1.1 For detail instruction about on line please click on the Digital certificate & Vender Manual link available on the http://eprocurement.mtnl.net.in website of MTNL. 1.2 The intending bidder must read the terms and conditions of MTNL schedule of rate carefully. He should only submit his bid if he considers himself eligible and he is in possession of all the documents required. 1.3 Information and Instructions for bidders posted on website shall form part of bid document. 1.4 But the bid can only be submitted after uploading the mandatory scanned documents such as Demand Draft or Pay order or Banker’s Cheque or Deposit at call Receipt of any Scheduled Bank towards cost of bid document and EMD in favour of AO (Cash) BW, MTNL. 1.5 Those contractors not registered on the website mentioned above, are required to get registered beforehand. 1.6 On opening date, the contractor can login and see the bid opening process. After opening of bids he will receive the competitor bid sheets. 1.7 Contractor can upload documents in the form of JPG format and PDF format. 1.8 Contractor must ensure the percentage quoted by him against the column meant for quoting rate in figures and words.
12
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
1.9 List of Documents to be scanned and uploaded within the period of bid submission:
I Treasury Challan/Demand Draft/Pay order or Banker’s Cheque /Deposit at Call Receipt/ Bank Guarantee of any Scheduled Bank against EMD/ASD (if required). II Demand Draft/Pay order or Banker’s Cheque of any Scheduled Bank towards cost of Bid Document. III Enlistment Order of the Contractor. IV Certificates of Work Experience V Certificate of Registration for Sales Tax/VAT and Service Tax.
1.10 The tender shall be submitted only online through on line tender system on website https://eprocurement.mtnl.net.in. Tender complete in all respect as per required eligibility criteria must be submitted before the scheduled date and time of as mentioned in NIT. The bid will be opened online at the scheduled date and time of opening. The representatives of the consultants may attend the bid opening either online after login on to the MTNL e-procurement portal or at MTNL premises. 1.11 Contractor has to scan and upload all the required eligibility documents in PDF format if he desire so. (Preferably in .pdf & compressed format) and attached with the technical envelopes in the e-procurement system. At any time if MTNL requires any document for verification the contractor shall submit the documents to MTNL authorities. Failure to produce the documents within the time limit given by MTNL; shall result in the summary rejection of the bid. 1.12 Tender forms has to be filled in e-procurement system only. 1.13 Uploaded documents have to be mapped with technical envelopes in e procurement system. 1.14 All the Scanned documents & online bid forms should be submitted in ‘ENGLISH’ language only. 1.15 The Bidders are required to keep a watch on the MTNL Tender Portal https://eprocurement.mtnl.net.in and the email account registered in the e-procurement system with respect to any amendment to the tender document till a day prior to the opening of the tender. MTNL reserves the right for rejection of tenders if the tenders are submitted without taking into account these amendment /clarification. Further, bidder will be fully responsible for taking the amendments into consideration for their completeness. 1.16 The original tender document (including any or corrigendum issued if any) shall be attached or mapped with the technical bid envelop in the system. The digital certificate will act as valid signature of the bidder.
1.17 The agency should have valid digital signature certificate.
2.00 FORMATS AND SIGNING OF BID
2.1 Bid Forms along with financial bids to be filled in e-Procurement System only: Bid document as uploaded by the department can be viewed and downloaded free of cost by anyone including intending bidder. Entire bid document related to Eligibility Criteria, Technical bid and financial bid are to be uploaded. 2.2 The tender shall be submitted online and digitally signed by the tenderer. The letter of authorization shall be indicated by the written power of attorney.
13
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
2.3 The bid shall be submitted on-line as described in the clauses given above. The Technical bid along with the relevant documents including the tender document with amendments and corrigendum if any will be attached in the technical envelope and the financial bid should be filled in the financial bid form and both shall be submitted on line with the class III authorized individual digital signature of the bidder.
2.4 The digital signature used should be authorized and shall be governed by the IT act 2000 and any other amendments to the act. The person authorized to use the digital signature of any organization or firms shall be deemed to have been delegated the authority to enter into contract with MTNL and shall have authority to discharge the tender obligations what so ever given in the tender document
3.00 SEALING AND MARKING OF BIDS:
3.1 Tenders along with eligibility documents as indicated in Technical Bid shall be digitally submitted in the format prescribed by the MTNL. The supporting scanned documents shall be suitably mapped along with the format.
3.2 Tenders will be opened online by the designated tender opening committee of MTNL on the
scheduled date and time of opening of the bid. The representatives of the bidders may attend the bid opening either online after login on to the MTNL eps portal or at MTNL premises
4.00 SUBMISSION OF BIDS
4.1 The Tenders must be submitted online by the contractor not later than scheduled date and time of submission of bids. After submission of the bid the contractor can re-submit revised bid any number of times but before last time and date of submission of bid as notified. The contractor should submit the bid only if it is considered by him that he fulfills the eligibility criteria and is in possession of all related documents despite being ineligible and not in possession of related documents, if he submits bid, he has no right to claim back the cost of tender document. In such case the bid submitted shall become invalid. The Bidders may also submit the hard copy parallel before due date and time of submission of Bid.In case of non-functioning / malfunctioning of e-procurement system, the hard copy will be opened with the approval of tender approving authority.If any bidder does not submit hard copy,it will be at the bidder’s risk.
5.00 LATE BIDS
E-procurement system is date and time locked. The system will not accept any bid after the scheduled date and time of submission of bids.
6.00 MODIFICATION AND WITHDRAWAL OF BIDS:
6.1 The bidder may modify or withdraw his bid after submission prior to the dead line and time prescribed for submission of bids.
6.2 No bid shall be modified subsequent to the dead line for submission of bids.
7.00 BID OPENING AND EVALUATION:
14
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
7.1 The documents uploaded by the contractors related with Eligibility Criteria are opened first and name of eligible contractors are approved by competent authority. The Executive Engineer (civil) will open bids at scheduled date and time. The bidder’s representative who will be physically present at MTNL premises shall sign in the attendance register. Authority letter to this effect shall be submitted by the bidders before they are allowed to participate in the bid opening. The qualified contractors will be informed about the time and date of opening of Financial Bid if the verification of eligibility documents takes more time. On the opening date, contractor can login and see the bid opening process. After opening of bid he will receive the competitor bid sheets.
7.2 If the date fixed for opening of bids, if subsequently declared as holiday by the MTNL, the revised date of opening will be notified. However, in the absence of such notification, the bids will be opened on next working day, time and venue remaining unaltered.
7.3. If there is a discrepancy between the unit price and total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and total price shall be corrected by the MTNL. If there is a discrepancy between words and figures, the amount in words shall prevail. 7.4 A bid determined as substantially non-responsive will be rejected by the purchaser and shall not subsequent to the bid opening be made responsive by the bidder by correction of the non-conformity. 7.5 Financial Bid will be opened only after scrutiny of all the required eligibility documents as attached by the agency. If the verification of eligibility documents takes more time, then financial bids may be opened at a later date and will be intimated to the agency.
EE (Civil) NM-I, MTNL, Navi Mumbai-400701
15
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
GENERAL CONDITIONS OF CONTRACT 1.0 DEFINITIONS a) The “MTNL” shall mean Mahanagar Telephone Nigam Ltd., New Delhi having its registered office at
12th Floor, Jeevan Bharati Building, Connaught Place, New Delhi-110001 and shall include their legal representatives, employees and permitted assignees.
b) The “CMD MTNL” shall mean the Chairman and Managing Director of Mahanagar Telephone Nigam Ltd.,or his successors in the office or his authorized officer.
c) The “CGM MTNL” shall mean the Chief General Manager, MTNL, Mumbai or his successors in the office or his authorized officer.
d) The “CE(CIVIL/BW)” shall mean the Chief Engineer (CIVIL/BW) MTNL, Mumbai or his successors in the office .
e) DGM(C) shall mean the concerned Deputy General Manager (Civil) of MTNL, Mumbai.
f) The “Contract” shall mean the Press Notice for inviting tender, the tender documents and letter of acceptance thereof and the formal agreement, if any, executed between the MTNL and the Contractor together with the complete documents referred to therein including the conditions with appendices and any special conditions, the specifications, designs, drawings, schedule of quantities with rates and amounts and schedule of rates. All these documents taken together shall be deemed to form one Contract and shall be complementary to each other.
g) The “Contractor” shall mean the individual or firm or company whether incorporated or not, undertaking the work and shall include legal representative(s) of such individual or persons composing such firm or company or successors of such firm or company as the case may be and permitted assignees of such individual or firm or company.
h) The “Engineer-in-Charge” or E-in-C shall mean the concerned Executive Engineer (Civil), who shall direct, supervise and be in-charge of the work for purposes of the Contract. The Engineer-in-Charge may nominate his representative(s) and authorize him/them to assist in performing his duties and functions.
i) The “Work” shall mean the works to be executed in accordance with the Contract or part(s) thereof as the case may be and shall include all extra or additional, altered or substituted works or temporary and urgent works as required for performance of the contract. The job order shall mean the order given for carrying out total/part of the work out of total scope of the contract
j) The “Permanent Works” shall mean and include the works which will be incorporated in and form a part of the Work to be handed over to the MTNL by the Contractor on completion as per the Contract.
k) The “Temporary Works” shall mean all temporary works of every kind required in or about the execution, completion or maintenance of the Work.
l) The “Site” shall mean the land, building and/or other places or part thereof on, under, into or through which the Work is to be executed under the Contract including any other lands or places which may be allotted by the MTNL or used for the purpose of this Contract.
m) The “Letter of Acceptance” shall mean intimation by a letter in writing by the MTNL to the successful tenderer that his tender has been accepted in accordance with the provisions contained therein.
n) The “Contract Value” shall mean the amount at which the tender has been accepted.
o) The “Press Notice” shall mean the intimation through press notice or in any other manner to contractors inviting them to bid for the Work.
p) The “Tender” shall mean the proposal along with supporting documents submitted by eligible tenderer on the prescribed documents/forms for consideration of the MTNL.
q) The “Mobilisation” shall mean establishment of sufficiently adequate infrastructure by the Contractor, comprising of construction equipments, aids, tools, tackles, including setting of site offices with facilities such as power, water, communication etc., establishing manpower organisation comprising of Resident/Site Engineer, supervisory personnel and an adequate strength of skilled, semi-skilled and unskilled workers, materials etc., who with the so established infrastructure shall be in a position to commence the execution of work at the Site, in accordance with the agreed Time for Completion of
16
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
the Work. Mobilisation shall be considered to have been achieved, if the Contractor is able to establish infrastructure as indicated above to the satisfaction of Engineer-in-Charge.
r) The “Specifications” referred to in the conditions shall mean the relevant Technical Specifications
s) The “Market Rates” shall be the rates as decided by the Engineer-in-Charge on the basis of the cost of materials and labour at the Site where the work is to be executed, plus ten (10) percent to cover all overheads and profits plus Works Contract Tax. The decision of the E-in-C in such matters shall be final and binding upon the contractor.
t) The ‘’Sub-Contractor’’ shall mean any person or firm or company (other than the Contractor) to whom any part of the work, specialised in nature or otherwise, has been entrusted by the Contractor, with the prior written approval of the Engineer-in-charge.
u) The “Subgroup” shall mean the groups into which the works have been divided in the Contractor and not the Sub-Heads.
v) The “Completion Certificate” shall mean the certificate to be issued by Engineer-in-charge when the work has been physically completed in accordance with the Contract.
w) The “Defect Liability Period” in relation to the Work shall mean the specified period to be counted from the date of completion during which period the Contractor stands responsible for rectifying all defects that may appear in the Works executed by the Contractor in pursuance of the Contract and includes workmanship defects etc., warranties against manufacturing/fabrication defects covering all materials components and the like supplied/executed by the Contractor.
x) The ACCEPTANCE TESTING unit shall mean the officer of MTNL or his representative nominated for carrying out acceptance testing of the rehabilitated Dust system.
y) The TESTING AGENCY shall be the agency/authority approved by MTNL to check and test the materials on behalf of MTNL.
z) LOCAL BODY / AUTHORITY : Local Body shall mean the Municipal Corporation of Greater Mumbai, Thane Corporation, CIDCO, MIDC, BEST, M.G.L. & Railways or any other authority responsible for maintenance and Construction of roads and service and granting permission of carrying out the works.
aa) MH, PC and HH shall mean, Manhole, Jointing Manholes, Pulling Chamber and Handhole respectively.
ab) PCC mean Plain Cement Concrete and RCC means Reinforced Cement Concrete.
2.0 INTERPRETATIONS
2.1 Singular and Plural
Words imparting the singular only also include the plural and vice-versa where the context requires.
2.2 Headings and marginal notes
Headings and marginal notes to these General Conditions shall not be deemed to form part thereof or be taken into consideration in the interpretation or construction thereof or of the Contract.
2.3 Meanings
Wherever in this Contract the words directed, permitted, required, ordered designed, considered, necessary or like words are used, it shall be understood that the said directions, permissions, requirements, orders, designs etc. of the Engineer-in-Charge, are intended. Similarly words approval, acceptable, satisfactory or like words shall mean “approved by” or “acceptable to” or satisfactory to the Engineer-in-Charge unless any other meaning is plainly intended.
2.4 Languages and Measures
All documents pertaining to the Contract, Drawing or any other writings shall preferably be written in English Language. The Metric System of measurement shall be used in the Contract unless otherwise specified.
3.0 GENERAL
3.1 Transfer of Documents
17
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
Transfer of tender document purchased by one intending tenderer to another is not permissible.
3.2 Site Availability
The Site of the work is available. The general information can be obtained from the Engineer-in-Charge.
3.3 Tenderer to have visited site
The tenderer shall be deemed to have visited the Site / routes and familiarized himself thoroughly with them before submitting the tender. Non-familiarity with the site, working conditions will not be considered a reason for extra claims or for not carrying out the works in strict conformity with drawings, specifications, requirements. The Tenderer shall wherever applicable, read the Specifications and study the drawings in case of any doubt, obtained required particulars/clarifications, from the E-in-C which may in any way influence his tender. No extra Payment whatsoever will be made beyond the Contract for the alleged ignorance thereof.
3.4 Changes in layout
Any changes in layout due to site conditions or technical requirement shall be binding on the Contractor and no extra claim on this account shall be entertained.
3.5 Tenderer to obtain his own information
The tenderer shall be deemed to have examined the tender documents, and to have obtained all the necessary information in all matters whatsoever that might influence carrying out the Works at the rates, prices quoted in the pricing scheduled and satisfied himself to the sufficiency of his tender etc.
3.6 Works to be carried out
The Contractor shall provide, at his own cost, all materials, plants, tools, equipments, appliances, implements, ladders, cordages, tackle, scaffolding and temporary works required for proper execution of the Works, whether original, altered or substituted and whether included in the Specifications or other documents forming part of the contract or not, or which may be necessary for the purpose of satisfying or complying with the requirements of the Engineer-in-Charge as to which under these conditions he is entitled to be satisfied, or which he is entitled to require together with the carriage thereof to and from the Work. The Contractor shall also supply without charge the requisite number of persons with means and materials, necessary for the purpose of setting out the works, and counting, weighing, assisting in the measurements or examination of the work time to time.
3.7 Quantities
The quantities for items of works to be carried out shall be specified in each Job Order and these should not vary beyond 25%.
3.8 List of MTNL Employees
The Tenderer shall submit the list of the MTNL employees related to him. The tenderer shall not be permitted to tender for the works under MTNL (unit responsible for award and execution of the contract) in which his near relative is posted as JAO/AAO/AO or an officer in any capacity between the grades of Superintending Engineer and Junior Engineer(C) both inclusive. He shall also intimate the names of the persons, who are working with him in any capacity or are subsequently employed by him, and who are near relatives to any officials in MTNL. Any breach of this condition by the Contractor would render him liable to be refused tenders in future.
3.9 MTNL employees not bound personally No official of MTNL shall in any way be bound or liable personally for acts or obligations of MTNL under
the contract or be answerable for any default or omission in the observance or performance of any of the acts, matters or things which are contained in the Tender Document.
4.0 FORFEITURE OF EARNEST MONEY
4.1 The Earnest Money of the tenderer shall be forfeited.
a) If the tenderer withdraws his tender or modifies his offer in a manner unacceptable to the MTNL during the period of validity of tender, or,
18
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
b) In case of successful tenderer, if the tenderer fails to either sign the Contract, or furnish the Performance Guarantee within stipulated period, or commence the work, in accordance with the terms of the Contract.
5.0 VALIDITY OF TENDER The tender for the work shall remain valid for a period of 90 days from the date of opening of tenders. 6.0 TIME SCHEDULE AND DELAY 6.1 The contract will commence from the 10th day after issue of letter of acceptance of the tender and will be
operative for one year. It may be extended further by mutual consent. 6.2 The jobs to be carried out under this contract will be ordered individually by the Engineer-in-Charge and
each of such job orders will be accompanied by a ‘schedule of items and quantities of job order’ and ‘time for commencement and completion’ of the job order. The contractor shall scrupulously adhere to these dates/ programs by deploying adequate personnel, equipment and construction tools & tackles and shall also arrange himself all the materials supply of in good time to achieve the prescribed target/ programs. In all the matters concerning the extent of target/time schedule set out for each job order, the decision of the Engineer-in-Charge shall be final and binding on the Contractor.
In case the contractor fails to commence the job/work on the date of commencement as specified in the job order, the E-in-C shall, in addition to actions under clause 16 and/or its sub clauses, have powers to get the job/work executed at the risk and cost of the contractor without any further notice or reference to the contractor; in which case any expenses which may be incurred in excess of the sum which would have been paid to the contractor if the job/work would have been executed by him, shall be borne and paid by the contractor or may be deducted/recovered from additional security deposit or any amount due to him from MTNL or from any other Govt. Department/agency/public body. The decision of the E-in-C for such excess amount shall be final and binding upon the contractor.
6.3 If the work set out in each of job orders is delayed for reason beyond the contractor’s control, then upon happening of any such event causing delay, the Contractor within seven days of happening of such event, shall request for the extension of time indicating the period for which extension is desired, in writing on the prescribed proforma to the Engineer-in-Charge but shall nevertheless use constantly his best endeavors to prevent or make good the delay and shall do all that may be reasonably required to the satisfaction of the Engineer-in-Charge to proceed with the works. In such case E-in-C or the concerned DGM(C) as the case may be, at his absolute discretion may give a fair and reasonable extension of time for completion of the job order.
7.0 SUBMISSION OF TENDER 7.1 Tenderer shall submit the on line tender on e-procurement site of MTNL based strictly on the terms and conditions of
the tender documents and shall not stipulate any deviations. 7.2 The tender documents to be submitted shall consist of: a) A complete set of the tender documents uploaded on e-procurement website by the E-in-C along with
addenda/corrigenda to the tender documents duly filled in by the tenderer as prescribed in different clauses of the tender documents.
7.3 Digital Signature of Tender Document by Tenderer.
7.3.1 The tenderer who have the Digital Signature only shall submit the tender only in the prescribed format for the purpose. 7.3.2 The tender shall contain the name, place of residence, telephone number (landline and mobile) and business of person
or persons submitting the tender. Partnership firms shall furnish full names of all partners in the tender. It should be signed in the partnership’s name by all the partners or by duly authorised representative followed by the name and designation of the person signing. A copy of constitution of the firm with names of all the partners shall also be furnished off line before the date and time of submission of on-line tender on e-procurement portal. Tender by a Public Sector Undertaking shall be submitted by an authorised representative and a power of attorney on that behalf shall accompany the eligibility documents of the tender.
7.4 Rates in Tender Document
7.4.1 The tenderer shall quote both in figures and words his percentage above or below the overall estimated cost of work put to tender which shall also be applicable on the rates of all the items mentioned in the Schedule of items of work forming part of the pricing schedule. Total tendered amount for the Work shall also be worked out by the tenderer
19
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
himself and entered in the tender and duly signed by the tenderer. When a tenderer signs the tender in an Indian Language, the total amount tendered in the tender documents should also be written in same language.
The percentages/amounts/rebates (if any) etc. shall be quoted and written only at the appropriate/specified place provided for the purpose in “Part ll - Section B” of the tender documents. The percentages/amounts/rebates (if any) etc. quoted/written at place other than specified above shall not be considered.
The percentages/amounts quoted by the contractor shall remain fixed during the currency of the contract including extended period if any. No escalation is payable in this contract. Any claims towards loss of business, Profit etc. is not admissible under this contract. The contractor shall be required to carry out any, many or all items of the Pricing Schedule at any time within the contract period (including extended period if any) upto any extent/quantity as per time frame stipulated in the job orders issued to him by the E-in-Charge. No claim of any sort whatsoever shall be admissible for the item(s) of the pricing schedule of the contract remaining unexecuted or those executed in smaller or larger quantities.
7.4.2 In case discrepancies are found between the percentages quoted in words and figures or the amount shown in any item, the following procedure shall be followed. :
a) When there is difference between the rates/percentages in figures and words, the rate/percentage which corresponds to the amount worked out by the tenderer shall be taken as correct.
b) When the rates/percentages quoted by the tenderer in figures and words tally but the amount is incorrect, the rate/percentage quoted by the tenderer shall be taken as correct.
c) When it is not possible to ascertain the correct rates/percentages by either of the above methods, the rate/percentage quoted in words by the tenderer shall be taken as correct.
7.4.3 The percentages shall be quoted/written in words correctly, for example as “Percentage Zero point One Five above or below (as the case may be) only”. In case neither above nor below is mentioned/quoted specifically or both above and below are mentioned/quoted by the contractor in his tender then the Percentage quoted by the tenderer shall be considered as Above only.
7.5 Corrections and erasures : No corrections/modifications in the prescribed tender form/document are permissible. All corrections/additions/alterations in the quoted percentages/amounts/rebates etc. shall be signed in full by the
tenderer with date. No erasures and/or overwriting are permissible. If it is found that the tender is not submitted in proper manner or contains too many corrections or absurd percentage or amounts, it would be open to MTNL to reject the tender and/or to take any other action against the contractor as deemed fit.
7.6 ADDITIONAL SECUTITY DEPOSIT: 7.6.1 For contractors who quote up to 10% below the estimated cost, no additional security deposit (ASD) is required to be
paid.The ASD shall be enclosed with tender in one single draft only. The ASD submitted in multiple drafts/DD shall be treated as non responsive tender.
7.6.2 For contractors who quote more than 10% below the estimated cost, the additional security deposit (ASD)will be required to be paid in a single draft/pay order equivalent to the amount, the quoted percentage bears to the estimated cost. For example if E.C. is Rs1,20,000/- and quoted percentage is 15% below, than ASD will be Rs18,000/-
7.6.3 The Demand Draft for additional security deposit should be submitted in a single draft / pay order in a separate cover alongwith tender. If the Demand Draft for additional security deposit is not submitted the tender will be treated as non responsive.
7.6.4 The additional security deposit will remain with the MTNL and shall be returned only after the successful completion of the contract value or the completion of stipulated period of contract whichever is earlier.
8.0 RIGHT OF MTNL TO ACCEPT OR REJECT TENDER
8.1 The right to accept or reject the tender will rest with the MTNL. The MTNL further does not bind itself to accept the lowest tender and reserves its right to reject all or any of the tenders received without assigning any reason whatsoever.
8.2 Canvassing in connection with tenders is strictly prohibited. The tenders of the tenderers who resort to canvassing are liable to rejection.
9.0 CONTRACT
9.1 Signing of the Contract
20
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
The successful tenderer shall be required to execute an agreement (Annexure-I) with the Engineer-in-charge in the Proforma annexed to tender document, within 15 days of issue of letter of acceptance by the MTNL. In the event of failure on the part of the successful tenderer to submit the Performance Guarantee & Sign the Agreement, the Earnest Money will be forfeited and the tender cancelled.
9.2 Certified Copy of Contract Document
9.2.1 The Contractor will be supplied, free of charge one certified true copy of the Contract Document; except standard specification and the standard schedule of rates and such other printed or published documents. One set of drawings shall be issued during the progress of the Work He shall keep these documents at Site and same shall be available for use of Engineer-in-Charge or his representative at any time during the Contract Period.
9.2.2 The Contractor shall maintain secrecy of these documents and none of these documents shall be used for any purpose other than that of this Contract.
10.0 CONTRACT DOCUMENTS - GENERAL 10.1 Complete documents forming the Contract are to be taken as mutually explanatory. Should there be any
discrepancy, inconsistency, error or omission amongst any of them, the matter may be referred to Engineer-in-Charge who shall give the decision, which shall be final and conclusive and the Contractor shall carry out work accordingly.
10.2 In case of conflict/discrepancy amongst the provision of the tender documents, following order of precedence shall be observed :
i) Nomenclature of items of Schedule of Quantities.
ii) Provisions in Technical Specification for Cable Duct System.
iii) Provisions in detailed drawings.
iv) Provisions of special condition/additional specifications.
v) Provisions of CPWD Specification 2009 (Vol. I & II)
vi) Provisions of BIS code.
10.2.2 If the specifications for any item of work are not covered in any of the documents mentioned as above, the Contractor will seek clarifications from the Engineer-in-Charge whose decision shall be final and binding.
10.3 In case there is any discrepancy in frequency of testing as given in list of mandatory tests and that in individual sub-heads of work as per CPWD Specifications and BIS Codes, the higher of the frequencies of testing shall be followed, and nothing extra shall be payable to the Contractor on this account.
“The frequency of mandatory testing shall be governed as per quantities of item involved the Contractor who shall be paid suitably in this regard by the Engineer-in-Charge”.
10.4 Any non-destructive tests required to satisfy the Engineer-in-Charge shall be got done by the Contractor who shall be paid suitably in this regard by the Engineer-in-Charge.
11.0 PERFORMANCE GUARANTEE AND SECURITY DEPOSIT 11.1 Performance Guarantee 11.1.1 The successful tenderer will be required to furnish Bank Guarantee from a Scheduled Bank by way of
Performance Guarantee for due fulfillment of the Contract and shall submit after award of work and before signing of the Contract / Agreement, for a sum equal to 5 % (Five percent) of the contract value subject to a
maximum value of Rs.10 lakhs. (Rupees Ten Lakhs). The Performance Guarantee shall remain valid upto completion of the work and the same shall be released on satisfactory completion of the work.
11.1.2 Forfeiture of Performance Guarantee. In case the Contractor fails to complete the work, MTNL, without prejudice to other rights and remedies
available under the contract, shall forfeit and encase the Performance Guarantee Amount and credit it to MTNL.
11.1.3 In case the bank goes in liquidation or for any reason is unable to make payment against the said Bank Guarantee, the loss caused thereby shall be borne by the Contractor. The Contractor forthwith, on demand from MTNL, shall make good the deficit.
21
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
11.2 Security Deposit
11.2.1 The Contractor shall permit MTNL at the time of making any payment to him for work done and measured under the Contract to deduct such sum at the rate of 5 % of the gross value of the work done in each running bill subject to a maximum of Rs. 10 lakhs towards Security Deposit. Earnest money, If any, already deposited by the Contractor shall be adjusted towards Security Deposit. The whole amount shall be retained upto a period of 6 months from the date of completion of contract i. e. till the Expiry of Defect Liability Period or finalisation of the bill, whichever is later. The SD can also be accepted in the form of bank guarantee/FDR at the discretion of Engineer-in-Charge.
11.2.2 All compensation or any other sums of money payable by the Contractor under the terms of this Contract may be deducted from his Security Deposit or additional security deposit from any sums which may be due to or may become due to the Contractor by MTNL on any account whatsoever and in the event of his Security Deposit amount being reduced by reason of any such deduction, the Contractor shall within 10 days make good such deficit in cash or through Demand Draft drawn on any scheduled bank in favour of Accounts Officer (cash) Bldg. Works, MTNL, Mumbai.
11.3 If the Contractor damages, breaks, or destroys the property belonging to the MTNL or others utilities during the execution of the Contract, the same shall be made good by the Contractor at his own expense and in default thereof, the Engineer-in-Charge may cause the same to be made good through other agencies and recover expenses from the Contractor for which the certificate of the Engineer-in-Charge shall be final and binding.
12.0 DEVIATIONS / VARIATIONS: - EXTENT & PRICING
12.1 The Engineer-in-Charge shall have powers
i) to make alteration in, omissions from, additions to, or substitutions from the original specifications, drawings, design & instructions that may appear to him, to be necessary during the progress of the work, and
ii) to omit a part of the work in case of non availability of portion of the Site or for any other reasons, and, the contractor shall be bound to carry out the work in accordance with any instructions given to him in writing signed by the Engineer-in-Charge and such alterations, omissions, additions or substitution shall form part of the Contract as if originally provided therein and any altered, additional or substituted work which the Contractor may be directed to do as part of the Work, shall be carried out by the Contractor on the same conditions in all respects including price on which he agreed to do the main work except as hereafter provided. The Contractor shall not carry out such works without written instructions from the Engineer-in-Charge.
12.2 The time for completion of the work shall, in event of any deviations resulting in additional cost over the Contract Value being ordered, be extended, if requested by the Contractor in the prescribed proforma.
a) in the proportion which the additional cost of the altered, additional or substituted work, bears to the value of job order plus,
b) 25 % of the time calculated in (a) above or such further additional time as may be considered reasonable by the DGM(C) / CE (CIVIL / BW) and the certificate of Engineer-in-Charge for further extension of period allowed shall be conclusive and binding on the Contractor.
12.3 The rates for such additional, altered or substituted work shall be determined by the Engineer-in-Charge in accordance with the following provisions in their respective order
i) If the rate for additional, altered or substituted item of work is specified in the Schedule of Quantities, the Contractor shall carry out the additional, altered or substituted item at the same rate.
ii) If the rate for any altered, additional, or substituted item of work cannot be determined in the manner specified in sub-para (i) above, or the quantities have deviated beyond the deviation limit prescribed at (iii) below, the Contractor shall, within 15 days of the date of receipt of the order to carry out the said item, inform the Engineer-in-Charge of the rate which he proposes to claim for such item of work, supported by proper detailed analysis of the rate claimed notwithstanding the fact that the rates for such items exist in the tender for the main work or can be derived in accordance with the provisions of sub clauses above. The Engineer-in-Charge shall, giving due consideration to the rates on the basis of prevailing market rates, determine the rate. In the event of the Contractor failing to inform the Engineer-in-Charge within the stipulated period of time, the
22
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
rate which he proposes to claim, the rate of such item shall be determined by the Engineer-in-Charge on the basis of market rate(s). The decision of the Engineer-in-Charge as to the prevailing market rates and quantum of materials, labour etc. involved per unit of measurement shall be final and binding on the Contractor.
The Engineer-in-Charge shall, however, be at liberty to cancel his order to carry out such items or increased quantities of work by giving notice in writing to the Contractor and arrange to carry out in such manner as he considers fit. But under no circumstances the Contractor shall suspend the work on the plea of non settlement of rate(s) of item(s) failing under this clause.
iii) The quantum of items of works set out in the tendered documents and those derived as detailed at (i) & (ii) above shall be allowed to deviate as under
a) For items of work relating to foundations and plinth including basement: No limit
b) For all other items of work in excess of original quantities: 25 % of the original quantum of any item.
13.0 SUSPENSION OF WORK
13.1 The Contractor shall, on receipt of the order in writing of Engineer-in-Charge, suspend the Work or any part thereof for such manner as the Engineer-in-Charge may consider necessary for any of the following reasons.
i) On account of any default on the part of the Contractor; or/and
ii) For improper execution of the Work or part thereof for reasons other than the default of the Contractor; or/and
iii) For safety of the works or part thereof, the Contractor shall, during such suspension, properly protect and secure the Work to the extent necessary and carry out the instructions given in that behalf by the Engineer-in-Charge, or/and
iv) On account of any order/instructions of the E-in-C or passed by the Govt. of India or Court, having direct bearing on the execution of Work.
13.2 If the suspension is ordered for reasons (ii) to (iv) in the sub clause 13.1 above, the Contractor shall only be entitled to an extension of the time equal to the period of every such suspension plus 25 % thereof. The Contractor shall not be entitled for any compensation by way of watch and ward, hire charges of Tools & Plants, Establishment expenses, loss or profit etc.
14.0 COMPENSATION FOR DELAY
14.1 If the Contractor fails to complete each of jobs within the time specified in respective job orders in terms of clause 17.0 and its sub-clauses or to complete the Work and fails to clear the site on or before the stipulated or extended date of completion, he shall, without prejudice to any other right or remedy available to MTNL on account of such breach by the contractor, shall be liable to pay compensation of an amount equal to one percent of the job order value for every day that the work is not completed and/or remains in complete beyond the stipulated date of completion; or such smaller amount as decided by the concerned CE (BW) / DGM (C) (Tender accepting authority) whose decision in writing shall be final and binding. This provision shall be applicable to individual Job-orders separately. This compensation shall be in addition to risk and cost amount recovered from additional security deposit or any other money due to contractor and also the Performance Guarantee amount in case same is forfeited by the MTNL.
14.2 Provided always that the amount of compensation in respect of each Job shall not exceed ten percent of the respective job order value.
14.3 The amount of compensation so payable shall be deposited by the Contractor. In case of failure to do so it may be adjusted or set-off against any sum payable by MTNL to the Contractor including the Security Deposit, additional security deposit and Performance Guarantee amounts under this Contract or against any/all other amount of contractor available with MTNL.
15.0 BREACH OF CONTRACT
15.1 If the Contractor:
23
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
a) having been given by the Engineer-in-Charge notice in writing to rectify, reconstruct or replace any defective work or that the work is being performed in any inefficient or otherwise improper or unworkman like manner, shall omit to comply with the requirements of such notice for a period of seven days thereafter; or
b) has failed to commence the work or has suspended the progress of work or has failed to proceed with the work so that in the judgment of the Engineer-in-Charge (which shall be final and binding) he will be unable to secure completion of the work by the stipulated date of completion and continues to do so after a notice in writing of seven days from the Engineer-in-Charge; or
c) commits default in complying with any of the terms and conditions of Contract and does not remedy it or take effective steps to remedy it within 7 days after a notice in writing is given to him by the Engineer-In-Charge; or
d) being an individual, or if a firm any partner thereof, shall at any time during the currency of the Contract is adjudged insolvent or having received an order for administration of his estate made against him under Insolvency Act for the time being in force or make any conveyance or assignment of his effect 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 being executed by him for benefit of his creditors; or
e) being a company, passes a resolution or the Court makes an order for the liquidation of its affairs, or a receiver or manager on behalf of the debenture holders be appointed or circumstances arise which entitle the Court or Creditors to appoint a receiver or manager or which entitle the court to make a winding up order; or
f) Assigns, transfer, sublets or attempts to assign, transfer or sublet the entire work or any portion thereof without the prior written approval of the Engineer-in-Charge,
then the CE (BW), MTNL, Mumbai may without prejudice to his rights against the Contractor in respect of any of the delay or suspension due to inferior workmanship or otherwise or to any claims for damage in respect of any breach of the Contract and in addition to any rights or remedies under any of the provisions of the Contract or otherwise and whether the date for completion has or has not elapsed, shall give notice in writing through Engineer-in-charge shall have powers.
i) to determine or rescind the Contract as aforesaid (of which the termination or rescission notice in writing to the Contractor under hand of the Engineer-in-Charge shall be conclusive evidence). Upon such determination or rescission the Security Deposit, additional security deposit and Performance Guarantee of the Contractor shall stand forfeited and shall be absolutely at the disposal of the MTNL.
ii) to employ/arrange labour and/or to procure/supply materials to carry out and complete the Work or any part of the Work and debiting the Contractor with the cost of the labour and the price of the materials (of the amount of which cost and price certified by the Engineer-in-Charge shall be final and conclusive) and crediting him with the value of the work done in all respects in the same manner and at the same rates as if it had been carried out by the Contractor under the terms of the Contract. The certificate of the Engineer-in-Charge as to the value of the work done shall be final and conclusive against the Contractor provided always that action under this sub clause shall only be taken after giving five or more days notice in writing to the Contractor. Provided that if the expenses incurred by the Engineer-in-Charge in securing completion of work to his satisfaction are less than the amount payable to the Contractor at his agreement rates, the difference shall not be paid to the Contractor.
iii) After giving notice to the Contractor to measure up the work of the Contractor and to take such part thereof as shall remain incomplete/unexecuted out of his hands and to give it to another contractor to complete in which case any expenses which may be incurred in excess of the sum which would have been paid to the original contractor if the whole work had been executed by him (the certificate in writing of the Engineer-in-Charge for the amount which exceeds the amounts contracted for the unexecuted / imperfectly executed items shall be final and conclusive) shall be borne and paid by the original contractor and may be deducted from any money due to him under this Contract or on any other account whatsoever or from the Performance Guarantee and/or Security Deposit and/or additional security deposit or the proceeds of sales thereof, or a sufficient part thereof as the case may
24
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
be. These provisions shall be applicable to each job orders individually and / or to the whole contract collectively.
In the event of any one or more of the above course being adopted by the CE (BW), MTNL, Mumbai the Contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchased or procured any materials or entered into any agreement or made any advances on account or with a view to the execution of the work or the performance of the Contract. In case action is taken under any of provisions aforesaid, the Contractor shall not be entitled or be paid any sum for any work unless and until the Engineer-in-Charge has certified in writing the performance of such work and the value payable in respect thereof.
16.0 CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION EVEN IF ACTION NOT TAKEN
UNDER CLAUSE 15. In case, any of the powers conferred upon the MTNL by clause 15 hereof shall have become exercisable and
the same had not been exercised, the non-exercise thereof shall not constitute a waiver of any of the conditions hereof. In the event of any case of default by the contractor for which, by any clause or clauses the contractor is declared liable to any compensation amounting to the whole of the security deposit, additional security deposit and Performance Guarantee, the liability of the Contractor for past and future compensation(s) shall remain unaffected. In the event of the MTNL putting in force the powers vested in it under the provisions of clause 15, the MTNL may, if so desire, take possession of all or any tools and plants, materials and stores in or upon the work or the site thereof belonging to the Contractor or procured by the Contractor and intended to be used for the execution of the work or any part thereof paying or allowing for the same in account at the Contract rates or in case of these not being applicable at current market rates (to be certified by the Engineer-in-Charge, whose certificate thereof shall be final). The Engineer-in-Charge otherwise, may give notice in writing to the Contractor requiring him to remove such tools, plants, materials or stores from the premises - (within a reasonable time to be specified in such notice), and in the event of the Contractor failing to comply with any such notice, the Engineer-in-Charge may remove them at the Contractor’s expense or sell them by auction or private sale on account of the Contractor and at the Contractor’s risk in all respects without any further notice as to the date, time or place of sale and the certificate of the Engineer-in-Charge as to the expense of any such removal and the amount of the proceeds and expense of any such sale shall be final and conclusive against the Contractor.
17.0 ACTION AND COMPENSATION PAYABLE IN CASE OF BAD WORK If it shall appear to the Engineer-in-Charge or his representative or the Chief Technical Examiner, or his
representative, Central Vigilance Commission that any work has been executed with unsound, imperfect, or unskilled/improper workmanship or with materials of any inferior description, or that any materials or articles provided by him in the execution of the Work are unsound or of a quality inferior to that contracted for or otherwise are not in accordance with the contract, the contractor shall, on demand, in writing, which shall be made within 6 months of the certified completion of the contract as recorded in the completion certificate, whether the date of completion of the Job-order has elapsed or not, from the Engineer-in-Charge specifying the work, materials or articles complained of notwithstanding that the same may have been passed, certified and paid forthwith rectify or remove and/or reconstruct the work so specified in whole or in part as the case may require or as the case may be, remove the materials or articles so specified and provide other proper and suitable materials or articles at his own proper charge and cost, and in the event of his failing to do so within a period to be specified by the Engineer-in-Charge in his demand aforesaid, then the Contractor shall be liable to pay compensation at the rate of one percent of the Job Order Value for every day not exceeding 10 percent of the value of the Job order, while his failure to do so shall continue and in the case of any such failure, the Engineer-in-Charge may rectify or remove and re-execute the work or remove and replace with other, the materials or articles of as the case may be at the risk and expense in all respect of the Contractor. In case of work which are declared sub standard and still acceptable to MTNL, the rates payable for such work will be finalised by DGM(C). The rates so decided including their analysis will be final and binding.
18.0 TECHNICAL EXAMINATION AND AUDIT
25
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
18.1 In case there is a technical examination by the Chief Technical Examiner or his representative or any other competent authority even after 12 months of completion of contract, the contractor shall be liable for inferior quality of the Work and all the consequences thereof including recoveries/compensations.
18.2 The Engineer-in-Charge shall have the right to cause and audit and technical examination of the work and the final bills of the contractor including all supporting vouchers, abstract, etc. to be made after payment of the final bill and if as a result of such audit and/or technical examination any sum is found to have been overpaid, the contractor shall be liable to refund the amount of such over payment and it shall be lawful for the Engineer-in-Charge to recover the said sum from the contractor in the manner prescribed in sub-clause 18.1 hereof or in any other manner legally permissible; and if it is found that the Contractor was paid less than what was due to him under the contract in respect of any work executed by him under it, the amount of such under payment shall be duly paid by the MTNL to the contractor.
19.0 POWER OF ENTRY
If the Contractor does not commence the Work in the manner described in the Contract or the Contractor at any time, in the opinion of the Engineer-in-Charge.
i) Fails to carry out the Work in conformity with the Contract, or.
ii) Fails to carry out the works in accordance with the Contract, or.
iii) Substantially suspends the Work for a period exceeding 10 days without permission from the Engineer-in-Charge, or
iv) Fails to carry on and execute the Work to the satisfaction of the Engineer-in-Charge, or,
v) Fails to supply sufficient or suitable constructional tools and/or plant, temporary works, labour, materials or other things, accessories, aids or,
vi) Commits or permits any breach of any of the provisions of the Contract to be performed/observed on his part or persist in any of the above mentioned breaches of the Contract for 10 days, after the notice in writing shall have been given to the Contractor by the Engineer-in-Charge requiring such breach to be removed, or
vii) Abandons the Work, or
viii) During the continuance of the Contract becomes bankrupt, makes any arrangement or composition with his creditor, or permits any execution to be levied or goes into liquidation whether compulsory or voluntary not being merely a voluntary liquidation for the purpose of amalgamation or reconstitution,
Then, in any such case the Engineer-in-Charge shall have the power to enter upon the Work and take possession thereof and of the materials, temporary works, constructional plant, and stock thereon, and to revoke the Contractor’s license to use the same, and to complete the Work by his agents, other Contractors or workmen, or to sublet the same on any terms and to such other persons, firms or corporations as the Engineer -in-Charge in his absolute discretion may think proper to employ and for the purpose aforesaid to use or authorise the use any mater ials, temporary works, constructional plant, and stock as aforesaid without making payment or allowance to the Contractor for the said materials other than such as may be certified in writing by the Engineer-in-Charge to be reasonable and without making any payment or allowance to the Contractor for the use of the said temporary works, constructional plant and stock or being liable for any loss or damage thereof and if the Engineer-in-Charge shall by reason for his taking possession of the Work for being completed by the other Contractors (due account will be taken of any such extra work or works which may be omitted), then the amount of such excess as certified by the Engineer -in-Charge (which shall be final and binding) shall be deducted from a ny money which may be due to the contractor under this or any other Contract. Any deficiency shall forthwith be made good and paid to the Engineer-in-Charge by the Contractor and the Engineer -in-Charge shall have power to sell in such manner and for such price as he may think fit all or any of the construction tools and plant, materials, etc. constructed by or belonging to and to recoup and retain the said sufficiency or any part thereof out of the proceeds of the sale.
20.0 FORECLOSURE / RESTRICTION / DEVIATION OF CONTRACT
26
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
20.1 If at any time after acceptance of the tender, the MTNL decides to abandon or reduce the scope of the Work for any reason whatsoever, the Engineer-in-Charge shall give notice in writing of the fact to foreclose or restrict the Contract, to the Contractor and the Contractor shall have no claim to any payment of compensation or otherwise whatsoever, on account of any loss or profit or advantage which he might have derived from the execution of the work. Further, the contractor shall not have any claim for compensation by reason of an alteration having been made in the original specifications, drawings, designs, and instructions which shall involve any curtailment of the work as originally contemplated.
20.2 In the event of foreclosure of the Contract:
a) Portion of expenditure, if any, incurred on preliminary site work i.e. temporary access roads, temporary labour huts, staff quarters and site offices, storage accommodation and water storage tanks.
b) (i) The Engineer-in-Charge shall have the option to take over Contractor’s materials or any part thereof brought to the Site for bonafide use in the work and conforming to specifications. For materials taken over or to be taken over by the Engineer-in-Charge, cost of such materials shall, however, take into account purchase price, cost of transportation and deterioration or damage which may have been caused to the materials while in the custody of the Contractor.
(ii) For Contractor’s materials not retained by the Engineer-in-Charge, reasonable cost of transporting such materials and tools and plants from Site to the Contractor’s permanent stores or to his other Works, whichever is less, shall be payable.
20.3 The Contractor shall furnish to the Engineer-in-Charge books of account, wage books, time sheets cash-memos, challans, bills and all other relevant documents as may be necessary to enable him to assess and certify the amount payable.
20.4 Depending upon the priorities of the department and the performance of the contractor the value of contract may be increased or decreased upto 40% (forty percent) if considered necessary by the Engineer-in-Charge and the contractor shall have no claim whatsoever for such deviations.
21.0 TERMINATION OF CONTRACT ON DEATH
If the Contractor is an individual or a proprietory concern, and the individual or the proprietor dies and his successors express their inability to complete the remaining work or if the Contractor is a partnership concern and one of the partners dies and the firm is wound up as per partnership deed then the Engineer-in-Charge shall close the Contract for the uncompleted part without the MTNL being in any way liable for 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 closure of the Contract. In the event of such closure, the Engineer-in-Charge shall not hold the estate of the deceased Contractor and/or the surviving partners of the Contractor’s firm liable for damages for not completing the Contract notwithstanding other provisions of the Contract.
22.0 COMPENSATION NOT RELATABLE TO ACTUAL LOSS All sums payable to the MTNL by the way of compensation under any of the conditions shall be genuine
pre-estimated loss which shall be considered as reasonable compensation without reference to the actual loss or damage sustained and whether or not any damage shall have been sustained.
23.0 SITE DRAINAGE, NUISANCE ETC. 23.1 All water which may accumulate on the Site during the progress of the Work, or in trenches and
excavations, from other than the excepted Risks, shall be removed from the Site at his own cost to the satisfaction of the Engineer-in-Charge.
23.2 The Contractor shall not at any time do, cause or permit any nuisance on the Site/building/premises or do anything which shall cause unnecessary disturbance or inconvenience to occupants/users of buildings and to the public generally. The Contractor shall at his own expense make necessary arrangements for undertaking Anti-Malaria measures as per local bye laws and shall comply with the directions of the Engineer-in-Charge.
23.3 Protection of Trees
27
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
Trees/plants etc in the premises designated by the Engineer-in-Charge shall be protected from damage during the course of the Work and earth within 1 meter radius of each such tree shall not be excavated. Where necessary, such trees shall be protected by providing temporary fencing without any extra cost.
24.0 MATERIALS OBTAINED FROM EXCAVATION 24.1 Materials of any kind obtained from excavation on the Site shall remain the property of the MTNL and shall
be disposed off as the Engineer-in-Charge may direct, except where otherwise specified.
24.2 Treasure, Trove, Fossils, etc.
All fossils, coins, articles of value or antiquity and structures and other remains of things of geological or archaeological importance discovered on the Site shall be the absolute property of the MTNL and the Contractor shall take reasonable precautions to prevent his workmen or any other person from removing or damaging any such article or property and shall immediately upon discovery thereof intimate the Engineer-in-Charge with such discovery and carry out removal and disposal of the same as directed by the Engineer-in-Charge which shall be at the expense of the MTNL.
25.0 WATCH & WARD The Contractor shall provide and maintain caution boards, warning signs, all lights, guards, fencing and
watch and ward wherever necessary or as required by the Engineer-in-Charge for the protection of the Work or for the safety and convenience of those employed on the Work or the public at his own expense. The contractor shall be bound to follow the normal practices/procedures being followed by MTNL for regulating the entry and exit of the staff/workmen/labourers/materials/T&P/articles etc into the Telephone Exchange buildings/MTNL offices without any extra cost or time.
26.0 SUPERVISION OF WORKS 26.1 The Contractor shall be entirely responsible for executing the Work covered under the Contract in a
workman like manner with due diligence as per time schedule, specifications and drawings, sketches, good engineering practices and directions of the E-in-C.
26.2 Removal of workmen If any of the Contractor’s foremen or employees, in the opinion of the Engineer-in-Charge be found guilty
of any misconduct or be incompetent they will be substituted by qualified and competent persons. Should any of the Contractor’s men negligent in the performance of their duties or that in the opinion of the Engineer-in-Charge, be undesirable for administrative or any other reasons, such person(s) so removed from the Work, shall not be employed again in connection with the Work without the written permission of the Engineer-in-Charge. Vacancy so created shall be immediately filled at the expense of the Contractor.
27.0 INSTRUCTIONS AND NOTICES 27.1 Subject to otherwise provided in the Contract, all notices to be given and all other actions to be taken on
behalf of the MTNL may be given or taken by the Engineer-in-Charge. 27.2 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 of 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 delivered to him.
27.3 The Contractor or his representative shall be in attendance at the site(s) during all working hours and shall supervise execution of the Job/Work with such additional assistance in each trade as the Engineer-in-Charge may consider necessary, orders given to the Contractor’s representative(s) or Graduate Civil Engineer shall be deemed to have the same force as if they have been given to the Contractor himself. It is mandatory on the part of the contractor to have a mobile phone and pager with him.
27.4 The Engineer-in-Charge shall communicate or confirm the instructions to the Contractor in respect of the execution of Job/work in a Site Order Book for the Work maintained at work-site and the Contractor of his authorized representative or Graduate Civil Engineer shall confirm receipt of such instructions by signing the relevant entries in this book. If required by the Contractor, a copy of such instruction(s) shall be supplied by the Engineer-in-Charge.
28.0 INSPECTION AND APPROVAL 28.1 The Engineer-in-Charge or his representative shall have powers at any time to inspect and examine any part
of the work and the Contractor shall at his own cost, give such facilities ( like ladders, lights, T&P etc.) as may be required for such inspection and examination. The Contractor or his authorized representative Graduate Civil Engineer shall at all times during the usual working hours and at all other times at which
28
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
reasonable notice of the intention of the Engineer-in-Charge etc. to visit the Work shall have been given to the Contractor, be present to receive orders and instructions.
28.2 All works involving more than one process shall be subject to examination and approval at each stage thereof and the Contractor shall give due notice in writing to the Engineer-in-Charge or his authorized representative when each stage is ready. In default of such notice, the Engineer-in-Charge shall be entitled to appraise the quality and extent thereof and the decision of the E-in-C in the matter of acceptance of such work or otherwise shall be final and binding.
28.3 No work shall be covered up or put out of view without the approval of the Engineer-in-Charge or his authorized representative and the Contractor shall allow full opportunity for examination and measurement of any work which is about to be covered up or put out of view. The Contractor shall give due written notice to the Engineer-in-Charge or his authorized representative whenever any such work or foundation work is ready for examination and the Engineer-in-Charge or his representative shall without unreasonable delay attend for the purpose of examining and measuring such works. In the event of the failure of the Contractor to give such notice, the Contractor shall, if required by the Engineer-in-Charge, uncover such work at his own expense for verification and shall reinstate and make good such part to the satisfaction of the Engineer-in-Charge at his own cost.
29.0 DELEGATION OF POWERS BY ENGINEER-IN-CHARGE
29.1 The Engineer-in-Charge may from time to time, in writing, nominate his representatives who shall inspect and supervise the Work, examine and test materials to be used and its workmanship. The Contractor or his representative shall receive instructions from the representatives of the Engineer-in-Charge as they are being given by the Engineer-in-Charge.
29.2 Failure of the Representatives of the Engineer-in-Charge to disapprove any work or materials shall not prejudice the power of the Engineer-in-Charge thereafter to disapprove/reject such work or materials and to order the pulling down, removal or breaking up thereof.
29.3 If the Contractor shall be dissatisfied with any decision of the Representatives of the Engineer-in-Charge he shall be entitled to refer the matter to the Engineer-in-Charge who shall there upon confirm, reverse or vary such decision without any liability of the MTNL.
30.0 COMPLETION CERTIFICATE
30.1 As soon as each job is completed, the Contractor shall give written notice of such completion to the Engineer-in-Charge and within TEN DAYS of receipt of such notice the Engineer-in-Charge shall inspect the work and if in the opinion of Engineer-in-Charge there are no structural defects or other major defects and the building/job is habitable/usable and can be usefully/functionally occupied, albeit some minor defects needing rectification, shall furnish to the Contractor a certificate of completion indicating; (a) date of completion; (b) defects to be rectified by the Contractor if any and/or (c) items of work for which payment shall be made at reduced rates or the amount to be withheld for rectification of such defects (The decision of the E-in-C in such matters shall be final and binding). Notwithstanding the provisions contained elsewhere in the contract the defects shall be rectified by the Contractor within a period of 15 days.
30.2 No certificate of completion shall be issued nor shall the Job/Work be considered to be complete till the Contractor shall have removed from the Site all T & P, scaffolding, temporary works, surplus materials, rubbish and all huts and sanitary arrangements required for his workmen on the Site in connection with the execution of the Job/ Work, as shall have been erected by the Contractor or his workmen and cleaned all dirt from the parts of building upon or in which the Work has been executed or of which he may have had possession for the purpose of the execution thereof and cleaned floors, gutters and drains, eased doors and sashes, oiled locks and fastenings labeled keys clearly and handed them over to the Engineer-in-Charge or his representative and made the whole premises/Job fit for immediate occupation or use to the satisfaction of the Engineer-in-Charge. If the Contractor fails to comply with any of the requirements of these conditions as aforesaid on or before the date fixed for completion of the Work, the Engineer-in-Charge may at the expense of the Contractor, fulfill such requirements and dispose off the T & P scaffoldings, surplus materials and rubbish, etc. as he thinks fit and the Contractor shall have no claim in respect of any such T & P scaffolding or surplus materials etc. except for any sum actually realized by the sale thereof less the cost of fulfilling the requirements and any other amount that may be due from the Contractor. If the expense of fulfilling such requirements is more than the amount realized from such disposal as aforesaid, the Contractor shall forthwith on demand pay such expense failing which same shall be realised from any other sum due to the Contractor.
31.0 CONTRACTOR’S LIABILITY
29
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
31.1 Without prejudice to other provisions of the Contract the Contractor shall be responsible for taking precautions from commencement to actual completion of the job/Work, to prevent loss or damage that may happen to the job/Work or any part thereof from any cause whatsoever save and except the Excepted Risks and shall at his own cost repair and make good the same so that the completed job/Work shall be in good order and condition.
32. DEFECT LIABILITY PERIOD
32.1 If the Contractor or his workmen or employees shall break, deface, injure or destroy any part of the building/premises/property/equipment/furniture in which they may be working or any building, road, fence, road kerbs, enclosures, water-pipe, cables, drains, electric or telephone posts or wires, grass, grassland or cultivated ground contiguous to the premises on which the Job/Work or any part of it is being executed, or if any damage shall happen to the Job/Work while in progress from any cause whatsoever or if any defect, shrinkage or other faults appear in the Job/ Work after completion and within SIX MONTHS after the issue of the completion certificate for complete contract arising out of defective or improper materials or workmanship, the Contractor shall, on receipt of a notice in writing from Engineer-in-Charge, make good at his own cost, or in default the Engineer-in-Charge cause the same to be made good by other agencies at the risk and cost of the contractor and deduct the expenses from any sum that may be due or become due to the Contractor or from his Security Deposit.
32.2 If any defect as given in sub clause at 32.1 shall occur, the Engineer-in-Charge shall inform- the Contractor thereof stating in writing the nature of the defect. If the Contractor replaces or renews any portion of the Work the provisions of the clause shall apply to portion of the Work so replaced or renewed as if that portion had been taken over on the date of replacement or renewal.
32.3 The Contractor shall, if required by the Engineer-in-Charge in writing, investigate for the cause of any defect, imperfection or fault appearing during the progress of the Work or in the defect liability period. If such defect, imperfection or fault shall be one for which the Contractor is not liable under the Contract, the cost of the works carried out by the Contractor in investigating as aforesaid shall be borne by the MTNL. If such defect, imperfection or fault shall be one for which the Contractor is liable as aforesaid, the cost of the work carried out in investigation as aforesaid shall be borne by the Contractor and he shall, in such case, repair, rectify and make good such defect, imperfection or fault at his own expense.
32.4 Certificate at expiry of Defect Liability Period Upon the completion of the Defect Liability Period and subject to the Engineer-in-Charge being satisfied
that Job/Work have been duly maintained by the Contractor as herein provided and that the Contractor has in all respect duly made upon all subsidence and performed all his obligation under the Contract, the Engineer-in-Charge shall (without prejudice to the right of the MTNL to retain the provisions of relevant clause hereof) otherwise give a certificate, to the effect. The Contractor shall not be considered to have fulfilled the whole of his obligations under the Contract until this certificate shall have been given by the Engineer-in-Charge not withstanding any previous entry upon the Work and working possession, working or using of the same or any part thereof by the MTNL. The portion of the Security Deposit retained in accordance with clause 12.2 shall be released only there after.
33.0 INSURANCE Without limiting the Contractor’s obligations and responsibilities stated elsewhere in the Contract, the
Contractor shall at his own cost arrange, secure and maintain Insurance in the joint names of the MTNL & the Contractor with any of the subsidiary of the General Insurance Corporation of India in such a manner that the MTNL and the Contractor are covered for all time during the period of Contract i.e. the time period allowed for completion of work, extended period and the defect liability period. The Insurances shall be effected in accordance with terms approved by the MTNL and the Contractor shall submit the Insurance policies to the Engineer-in-Charge within one week of signing of the Agreement along with the receipt of premium. The Contractor shall timely pay and submit the receipts of payment of premiums for extensions of policies, if any. The Insurances shall cover the following :- a) Contractor’s All Risks Insurance The Contractor shall insure the job/Work for a sum equivalent to the Contract value or such additional
sums as specified and the interests of the MTNL against ALL RISKS, claims, proceedings, loss or damages, costs, charges and expenses from whatsoever cause arising out of or in consequence of the execution and maintenance of the Work for which the Contractor is responsible under the Contract.
b) Workman Compensation & Employers Liability Insurance
30
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
This Insurance shall be effected for all the Contractor’s employees engaged in the performance of the Contract. The MTNL shall not be liable in respect of any damages or compensation payable at law in respect of or in consequence of any accident or injury to any workman or any other person in the employment of the Contractor and the Contractor shall indemnify and keep indemnified the MTNL, against all such damages and compensation and against all claims, demands, proceedings, costs, charges and expenses, whatsoever in respect or in relation thereof.
c) Third Party Insurance The Contractor shall be responsible for making good to the satisfaction of the Engineer-in-Charge any
loss or any damage to all structures and properties belonging to the MTNL or being executed or procured or being procured by the MTNL or of the other agencies within the premises of all work of the MTNL, if such loss or damage is due to fault and/or the negligence or willful acts or omissions of the Contractor, his employees, agents, representatives.
The Contractor shall take sufficient care in moving his plants, equipments and materials from one place to another so that they do not cause any damage to any person or to the property of the MTNL or any third party including overhead and underground cables and in the event of any damage resulting to the property of the MTNL or to a third party during the movement of the aforesaid plant, equipment or materials, the cost of such damages including eventual loss of production, operation or services in any plant or establishment as estimated by the MTNL or ascertained or demanded by the third party, shall be borne by the Contractor.
Before commencing the execution of the Work, the Contractor, shall insure and indemnify the MTNL of all claims, against the Contractor’s liability for any material or physical damage, loss or injury which may occur to any property, including that of the MTNL or to any person including any employee of MTNL or arising out of the execution of the Work or in the carrying out of the Contract, otherwise than due to the matters referred to in the provision to (a) above. Such insurance shall be effected for an amount sufficient to cover such risks. The terms shall include a provision whereby, in the event of any claim in respect of which the Contractor, would be entitled to receive indemnify under the policy being brought or made against the MTNL, the insurer willfully indemnify MTNL, against such claims and any costs, charges and expenses in respect thereof.
d) The Contractor shall also at all times indemnify the MTNL against all claims, damages or compensation under the provisions of Payment of Wages Act, 1936, Minimum Wages Act, 1948, Employer’s Liability Act, 1938, the Workman’s Compensation Act, 1923, Industrial Disputes Act, 1947, and Maternity Benefit Act, 1961, or any modifications thereof or any other Law relating thereof and rules made there under from time to time.
e) Contractor shall also at his own cost carry and maintain all other insurance(s) which he may be
required to take out under any law or regulation from time to time. He shall also carry and maintain any other insurance which may be required by the Engineer-in-Charge.
f) The Contractor shall prove to the satisfaction Engineer-in-Charge from time to time that he has taken out all the insurance policies referred to above and has paid the necessary premiums for keeping the policies alive till expiry of the Defects Liability Period.
g) The aforesaid Insurance policies shall provide that they shall not be cancelled till the Engineer-in-Charge has agreed for cancellation.
34.0 GUARANTEE For works like water proofing, acid and alkali resistant materials, or any other specialised works etc., the
Contractors shall invariably engage specialist in the field and firms of repute as approved by Engineer-in-Charge.
35.0 SUB-CONTRACTING 35.1 No part of the Contract nor any share or interest therein shall in any manner or degree be transferred,
assigned or subjected by the Contractor directly or indirectly to any person, firm or corporation whosoever provided the contractor submit the list of sub contractor as mentioned at sub clause 3.9 for each individual sub contract and the Engineer-in-Charge has given consent for engaging such agency for the work. The contractor engaging and entering into any sub contract prior to consent of the Engineer-in-Charge, shall be doing so at his risk and cost.
35.2 If any sub contractor engaged upon the work at the site executes any work which in the opinion of the Engineer-in-Charge is not in accordance with the contract, the Engineer-in-Charge shall give written notice to the contractor requesting him to terminate such sub contract. The contractor upon the receipt of such
31
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
notice that shall terminate the sub contract and dismiss the sub contractor. The Engineer-in-Charge shall have the right to remove such sub contractor from the site if the contractor fails to removes the sub contractor immediately.
35.3 The employment of piece rate workers shall not be deemed as sub-contracting.
36.0 RIGHTS OF VARIOUS INTERESTS 36.1 The MTNL reserves the right to distribute the Work amongst more than one Contractor. The Contractor
shall co-operate and afford other Contractors all reasonable opportunity for access to the job/ Work for the carriage and storage of materials and execution of their works.
36.2 The Contractor shall, in accordance with the direction of the Engineer-in-Charge afford all reasonable facilities to other contractors engaged contemporaneously on separate contracts in connection with the works and for departmental labour and/or labour of any other person properly authorised authority or statutory body which may be employed at the Site for execution of any work not included in the Contract.
37.0 ADHERENCE TO GOVERNMENT REGULATIONS The Contractor shall conform in all respect with the provisions of any National or State Statutes, Ordinances
or Laws or any regulations or bye-laws or orders of any local municipal or other duly constituted authority which may be applicable to the job/Work and with such rules, orders and regulations of such authorities and companies whose property rights are affected or may be affected in any way by the Work and shall keep MTNL indemnified against all penalties and liability of every kind for breadth of any such Statute, Ordinance or Law, regulation order or bye-law.
38. CHANGES IN CONSTITUTION
Where the Contractor is a partnership firm, prior approval in writing of the Engineer-in-Charge shall be obtained before any change is made in the constitution of the firm. Where the Contractor is an individual or a Hindu Undivided family business concern such approval as aforesaid shall likewise be obtained before the Contractor enters into any agreement with other parties, where under the reconstituted firm would have the right to carry out the work hereby undertaken by the Contractor. If prior approval as aforesaid is not obtained, the Contract shall be deemed to have been assigned in contravention of clause 38 hereof and the such action may be taken and the such consequences shall ensue as provided for in the said clause.
39.0 APPRENTICE ACT
The Contractor shall comply with the provisions of the Apprentice Act, 1961 and the rules and orders issued there under from time to time. If the Contractor fails to do so, his failure will be a breach of the Contract and MTNL may, in its discretion, cancel the Contract. The Contractor shall also be liable for any pecuniary liability arising on account of any violation by him of the provisions of the Act.
40.0 MATERIALS
40.1 The Contractor shall at his own expenses, provide all materials required for the Work and shall be in conformity with the specifications laid down in the Contract and as per samples approved by the Engineer-in-Charge.
40.2 The Contractor shall, at his own expense, supply samples of materials articles, hardwares and fittings etc. proposed to be used in the Work sufficiently in advance for the approval of the Engineer-in-Charge. The Engineer-in-Charge shall be entitled to have the tests carried out as per Contract at his own cost. If the test of the samples fail, the Contractor shall arrange to supply fresh samples for testing to the Engineer-in-Charge and the testing charges shall be borne by the Contractor. Only materials, the samples for which pass the test, will be allowed to be used for the Job/Work and testing charges of such samples shall be borne by the Engineer-in-Charge. All other expenditure required to be incurred for taking the samples, to the testing laboratory approved by the E-in-C, including conveyance, packing etc, shall be borne by the Contractor.
40.3 The Engineer-in-Charge shall have full powers to direct removal of any of the materials brought to the Site and which do not conform in character to the approved samples or specifications, within 24 hours of such written orders and in case of default on the part of the Contractor, the Engineer-in-Charge shall be at liberty
32
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
to have them removed at the risk and cost of Contractor, who shall have no claims, whatsoever, on this account.
40.4 Materials required for the Work shall be stored by the Contractor only at places approved by the Engineer-in-Charge. Storage and safe custody of materials shall be responsibility of the Contractor.
40.5 The Engineer-in-Charge or his representative shall be entitled at any time to inspect and examine any materials intended to be used in or on the Work either on the Site or at factory or workshop or other places where these are lying and the Contractor shall give such facilities as may be required for such inspection and examination.
40.6 All materials brought to the Site shall become and remain the property of the MTNL and shall not be removed off the Site without the prior written approval of the Engineer-in-Charge but wherever the Job/ Work is finally completed and advance if any in respect of any such materials are fully recovered, the Contractor, at his own expenses, forthwith, remove from the Site all surplus materials.
41.0 LABOUR 41.1 The Contractor shall obtain a valid license under the Contract LABOUR (R&A) Act 1970 and the Contract
Labour (Regulation and Abolition) Central Rules 1971 before the commencement of the Work and continue to have a valid license until the completion of the Work. Any failure to fulfill this requirement shall attract the penal provisions of the Contract arising out of the resultant non-execution of the Work.
41.2 The Contractor shall not employ in connection with Work any persons who is below eighteen years of age. Contractor shall employ labour in sufficient numbers to maintain the required rate of progress and quality to the satisfaction of the Engineer-in-Charge.
41.3 The Contractor shall comply with or cause to be complied with the Contractor Labour Regulations in regard to all matters provided therein and shall pay to labour employed by him either directly or through sub-contractors, wages not less than fair wages as defined in the Contractor’s Labour Regulations as appended which shall also include the provisions of the Contract Labour (Regulations and Abolition) Act 1970 and Contract Labour (Regulations & Abolition) Central Rules 1971 wherever applicable.
41.4 The Contractor shall be liable to pay his contribution and the employees contribution to the State Insurance Scheme in respect of all labour employed by him for the execution of the Contract, in accordance with the provision of the Employees State Insurance Act, 1948 as amended from time to time. In case the Contractor fails to submit full details of his account of labour employed and the contribution payable, the Engineer-in-Charge shall recover from the running bills of Contractor an amount of contribution as assessed by him. The amount so recovered shall be adjusted against the actual contribution payable for Employees State Insurance.
41.5 The Engineer-in-Charge shall on a report having been made by an Inspecting Officer as defined in the Contract Labour Regulations have the power to deduct from the moneys due to the Contractor any sum required or estimated to be required for making good the loss suffered by a worker or workers by reason of non-fulfillment of the conditions of the Contract for the benefit of workers, non-payment of wages or of deductions made from his or their wages which are not justified by the terms of the Contract or non-observance of the said Contractor’s Labour Regulations.
41.6 The Contractor shall also comply with the provisions of the Payment of Wages Act, 1936. Minimum Wages Act,1948. Employer’s Liability Act, 1938. Workmen’s Compensation Act, 1923, Industrial Disputes Act, 1947.Maternity Benefit Act, 1961 and Mines Act, 1952. Contract Labour (Regulation & Abolition) Act, 1970, or any modifications thereof or any other law relating thereto and rules made there under from time to time.
41.7 In the event of the Contractor committing a default or breach of any of the provisions of the Contract Labour Regulations as amended from time to time or furnishing any information or submitting or filling any Return /Statement/Form/Register /Slip etc. under the provisions of these Regulations which is materially incorrect, then on the report of the Inspecting Officers as defined in the Contractor’s Labour Regulations, the Contractor shall without prejudice to any other liability, pay to MTNL a sum not exceeding Rs. 200(Rupees Two hundred only ) as liquidated damages for every default, breach or furnishing, making, submitting, filling materially incorrect statements/returns as may be fixed by the Engineer-in-Charge and in the event of the Contractor’s default continuing in the respect, the liquidated damages may be enhanced to Rs.200 per day for each default and the total subject to a maximum limit of 5 % of the Contract value. The Engineer-in-Charge shall deduct such amount from bills or any other sum due to the Contractor. The decision of the Engineer-in-Charge in this respect shall be final and binding.
41.8 The Contractor shall indemnify the MTNL against any payments to be made under and for observance of the Acts / Laws stated in this clause and Contractor’s Labour Regulations without prejudice to his right to claim indemnity from his sub-contractors.
33
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
41.9 The Contractor shall ensure that no amount by way of commission or otherwise is deducted or recovered by Jamadar from the wages of workman / labour.
42.0 MODEL RULES FOR LABOUR WELFARE & SAFETY CODE 42.1 The Contractor shall at his own expense comply with or cause to be complied with provisions of the Model
Rules for Labour Welfare Rules framed by the Government from time to time for the protection of health and for making sanitary arrangements for labour employed directly or indirectly on the work and with the provisions of the Model Safety Code to these conditions and arrange for the safety provisions and as required by the Engineer-in-Charge, in respect of all labour directly or indirectly employed for performance of the Work and shall provide all facilities in connection therewith. In case the Contractor fails to make arrangements and provide necessary facilities as aforesaid, the Engineer-in-Charge shall be entitled to do so and recover the cost thereof from the Contractor.
42.2 Failure to comply with Model Rules for Labour Welfare, provisions of the Model Safety Code etc. relating to report on accidents and to grant of maternity benefits to female workers shall make the Contractor liable to pay to the MTNL as liquidated damages an amount not exceeding Rs. 200. as per default or materially incorrect statement. In addition, the Engineer-in-Charge shall be at liberty to make arrangements & provide facilities as aforesaid & recover the costs incurred in that behalf from any amount payable to the Contractor.
43.0 FAILURE TO COMPLY WITH LABOUR REGULATIONS / ACT / RULES 43.1 In every case in which by virtue of the provisions of subsection (i) of Section 12, of the Workmen’s
Compensation Act, 1923, the MTNL is obliged to pay compensation to a workman employed by the Contractor in execution of the works, the Engineer-in-Charge shall recover from the Contractor the amount of the compensation so paid, and, without prejudice to the rights of the Engineer-in-Charge under sub-section (ii) of Section 12, of the said Act, the Engineer-in-Charge shall be at liberty to recover such amount or any part thereof by deducting it from the Security Deposit or from any sum due from the MTNL to the Contractor whether under this Contract or otherwise. The Engineer-in-Charge shall not be bound to contest any claim made against it under sub-section (i) Section 12, of the said Act, the Engineer-in-Charge shall be at liberty to recover such amount or any part thereof by deducting it from the Security Deposit or from any sum due from the MTNL to the Contractor whether under this Contract or otherwise. The Engineer-in-Charge shall not be bound to contest any claim made against it under sub-section (i) Section 12, of the said Act, except on the written request of the Contractor and upon his giving to the Engineer-in-Charge full security for all costs for which the MTNL might become liable in consequence of contest sting such claim.
43.2 In every case in which by virtue of the provisions of the Contract Labour (Regulation and Abolition) Act 1970 and to the Contract Labour (Regulation and Abolition) Central Rules, 1971, the MTNL is obliged to pay any amounts of wages to a workman employed by the Contractor in execution of the Work, or to incur any expenditure in providing welfare and health amenities required to be provided under the above said Act and the appended rules or Contractor’s Labour Regulations, or under the Rules framed by the MTNL and/or Central/State Government from the time to time for the protection of health and sanitary arrangements for workers employed by the Contractor, the Engineer-in-Charge will recover from the Contractor the amount of wages so paid or the amount of expenditure so incurred; and without prejudice to the rights of the MTNL under sub-section (2) of Section 20 and sub-section (4) of Section 21, of the said act, except on the written request of the Contractor and upon his giving to the Engineer-in-Charge full security for all costs for which the MTNL, might become liable in contesting such claim(s).
43.3 Should it appear to Engineer-in-Charge that the Contractor is not properly observing and complying with the provisions of the Contract Labour Regulations and Model Rules and the provisions of the Contract Labour (Regulation and Abolition) Act 1971, and the Contract Labour (R & A) Central Rules 1971, for the protection of health and sanitary arrangements for work-people employed by the Contractor (hereinafter referred as “the said Rules”) the Engineer-in-Charge shall have power to give notice in writing to the Contractor requiring that the said Rules be complied with and the amenities prescribed therein be provided to the work-people within a reasonable time to be specified in the notice. If the Contractor shall fail within the period specified in the notice to comply with and/or observe the said Rules and to provide the amenities to the work-people as aforesaid, the Engineer-in-Charge shall have the power to provide the amenities herein before mentioned at the cost of the Contractor. The Contractor shall erect. make and maintain at his own expense and to approved standards all necessary huts and sanitary arrangements required for his work people on the Site in connection with the execution of the work, and if the same shall not have been erected or constructed according to approved standards, the Engineer-in-Charge shall have power to give notice in writing to the Contractor requiring that the said huts and sanitary arrangements be remodeled and/or reconstructed according to approved standards and if the Contractor fails
34
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
to remodel or reconstruct such huts and sanitary arrangement according to approved standards within the period specified in the notice, the Engineer-in-Charge shall have the power to remodel or reconstruct such huts and sanitary arrangements according to approved standards at the cost of the Contractor.
44.0 RATES TO COVER
44.1 Rates to cover Constructional Plant, Materials, Labour etc.
Without in any way limiting the provisions of other clauses the rates/percentages quoted by the Contractor shall be deemed to include and cover the cost of all constructional plant, temporary works, pumps, materials, labour insurance, fuel, stores and appliances to be supplied by the Contractor and all other matters in connection with each item of the schedule of quantities for the execution of the Work or any portion thereof finished complete in every respect and maintained as shown or described in the Contract documents or as may be ordered in writing during the continuation of the Contract.
44.2 Rates to cover Royalties, Rents and Claims
44.2.1 The rates/percentages/amounts quoted by the Contractor shall be deemed to include and cover the cost of all royalties, taxes, duties, levies and fees etc. for the articles, processes, protected by the patent otherwise incorporated in or used in connection with the work, also all royalties, rents and other payments in connection with obtaining material, of whatsoever kind, for the work and shall include an indemnity of the MTNL which the Contractor shall hereby gives against all actions, proceedings, claims, damages, cost and expenses arising from the incorporation in or use on the work of any such articles, processes or charge if levied on material, equipment or machinery to be brought to the Site for use on the Work.
44.2.2 Royalty at the prevalent rates shall have to be paid by the Contractor, direct to the competent collecting authority or its authorised agent of the concerned Government and nothing extra shall be payable on this account.
44.3 Rates to cover
a) The rates/percentages quoted shall include all incidental charges like cartage, storage, safe custody of materials cutting and wastage etc., whatsoever, and nothing extra shall be payable.
b) The rates/percentages quoted for each item of work shall be complete including cost of materials labour and other inputs what-so-ever for the finished item.
c) The rates/percentages for different items of work shall be for all heights and depths of the building except where otherwise specified in the items of work.
d) The cost of work carried out at any location other than those mentioned in the scope of this work.
44.3.1 Taxes for statues
a) Pursuant to the Constitution (Forty Sixth Amendment) Act, 1982, if any further tax or levy is imposed by Statutes, after the date of receipt of tenders, and the contractors there upon necessarily and properly pay such taxes / levies, the Contractors shall be reimbursed the amount so paid provided such payment, if any, is not in the opinion of the Superintending Engineer-in-Charge / Deputy General Manager (Civil) (whose decision shall be final and binding) attributable to delay in executing the work within the control of the Contractor.
b) The Contractor shall, within a period of 30 days of imposition of any further tax or levy, pursuant to the Constitution (Forty Sixth Amendment) Act, 1982 give a written notice thereof to the Engineer-in-Charge that the same is given pursuant to this condition together with all necessary information relating there to.
c) SALES TAX /VAT: The Contractor shall include in his quoted rate all taxes. It is specifically provided that the contractor
shall pay sales/VAT tax on purchases made by him and works contract tax for fulfilling his obligations under this Contract and these shall be included in the quoted rates. An amount equal to 2% of Gross value of work done shall be recoverable from every bills payable to the agency in pursuance of Government of Maharashtra order dated 1.4.99 towards Works Contract Tax or any other rate fixed by Govt. of Maharashtra under the said act. Agencies who are not registered with Sales Tax Department shall get registered within a month from the issue of award letter failing which full work contact tax i.e. 4 % or as notified by S.T. of the work done will be deducted from R.A. Bills.
d) SERVICE TAX: 1. The contractor shall invariably furnish registration certificate for Service tax at the time of making
application for issue of tender documents.
35
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
2. IN case of downloaded tender, these certifications shall be enclosed in the first envelope containing EMD.
3. All the tendered rates shall be inclusive of all taxes and levies except service tax which shall be reimbursed separately. a) The service tax shall be paid by the contractor to the concerned service tax department and it
will be reimbursed on producing the original receipt of proof of payment for the particular contract.
b) The bill raised by the contractor shall be serially numbered and shall contain the following. (i) Name and address of the person/organization receiving taxable service. (ii) Description, classification and value of taxable service provided. (iii) For reimbursement, the copy of receipt challan from service tax department or their
authorized bank etc. shall be submitted, 4. The contractor shall be solely responsible for timely payment of service tax etc. as applicable to
the authority. Any penalty/ interest for late submission etc. of such taxes etc. shall have absolutely no liability on MTNL whatsoever on this account of such penalty/interest payment.
5. The reimbursement of service tax shall not exceed 3.33% (three decimal three three percent) of the value of the work done (excluding other statutory levies namely education surcharge etc) on composite basis any other limit prescribed by statutory notification of Govt. for payment of service tax on composite basis, shall be applicable.
6. The reimbursement of service tax shall be made quarterly and final reimbursement on this account shall be done not later than six months from the date of payment of final bill.
e) EPF:.The contractor shall be solely responsible for observing the rules of EPF in all respects.He shall be soley responsible for abiding all rules/regulations pertaining to EPF etc. as applicable by the authority. Any penalty/ interest for violation of EPF rules/non payment etc shall be entire responsibility of the agency . MTNL shall have absolutely no liability whatsoever on this account for such penalty/interest payment.However MTNL reserve the right to deduct such payment from the bills/deposit of the contractor towards payment of such levy/penalty as raised by the authority for violation of EPF rules.
f) CESS : Contractor shall get registered with NMMC for CESS at the time of making application for issue of tender documents. All the tender rates shall be inclusive of CESS as applicable.
The Contractor shall be solely responsible for timely payment of CESS to the authority. Any penalty/interest for late submission etc. of such taxes shall have absolute no liability on MTNL
In case of Contractor who have not registered with NMMC for CESS at the time of making application for tender document, CESS @ 1% or as applicable from time to time on the cost of material shall be deducted from the bill (The cost of material shall be considered on 67% of the value of the work.) and same will be released on production of the copy of a receipt of proof of payment of CESS for the particular contract. The Security Deposit shall be released only after CESS clearance is obtained by agency from NMMC. The time period for release of security deposit mentioned in any other clause of agreement shall be got superseded by this clause. No interest on security deposit shall be admissible
44.3.2 Taxes duties,octroi etc. Subject to the provisions of sub clause 45.3.1, the Contractor shall bear full and exclusive liability for the
payment of any and all taxes, octroi, being in force or hereafter imposed, increased or modified from time to time and all sales taxes, VAT, Service tax, duties, cess etc. in respect of Works and materials and all contribution and taxes for unemployment compensation, insurance and old age pensions or annuities now or hereafter imposed by any Central or State Government authorities which are imposed with respect to or covered by the wages, salaries or other compensations paid to the persons employed by the Contractor and the Contractor shall be responsible for the compliance with all obligations and restrictions imposed by the labour law or any other law affecting employer-employee relationship and the Contractor further agrees to comply and to secure the compliance of all sub-contractors with all applicable Central, State Municipal and local laws and regulations and requirements of any Central, State or local Government agency or authority. The Contractor further agrees to defend, indemnify and hold the MTNL harmless from any liability or penalty which may be imposed by the Central, State of local authority by reasons of any violation by Contractor or sub-contractor of such laws, regulations or requirement and also for all claims suits or proceedings that may be brought against the MTNL arising under or out of or by reason of the Work provided for by this Contract. by third party, or by Central or State Government authority or any administrative sub-division thereof. The Contractor shall also obtain and pay for all permits or other
36
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
privileges necessary to commence, execution and complete the Job/work within the stipulated period of time.
44.3.3 Demurrage dues The Contractor shall pay damurrage charges incurred by the Engineer-in-Charge because of the Contractor’s
failure to load or unload any goods or materials within the time allowed by the Railway and/or transport agency for such loading or unloading as charges incurred by the Engineer-in-Charge on materials not removed by the Contractor within the permissible time as also charges shall be deducted from any sums which may be due or become due to the Contractor in terms of this Contract and or any other Contract.
44.3.4 No extra claims whatsoever shall be admissible beyond the quoted rates/percentages/amounts. 44.4 Water and Electric Power shall be supplied by MTNL to the contractor for bonafide use in the work.
Recovery at the rate of 0.75 and 0.25 percent of the value of work shall be recovered from the bills of the contractor towards supply of water and electricity respectively by MTNL. It is agreed condition of the contract that in case the local body/municipal authority levies/demands water charges due-to/on execution of the Job/works under this contract the same shall be solely and entirely borne by the Contractor. However MTNL does not guarantee the unlimited and unhindered supply and no claim whatsoever from the contractor shall be entertained in this regard. In case of shortage of water or electric power the contractor shall be bound to arrange the same for timely execution of the job/work orders and nothing extra on this account shall be payable to the contractor. Water supply and electric supply shall be provided at Ground floor near pump house and electric substation respectively and the contractor shall have to make his own arrangements for further supply/distribution for use in work taking adequate safety precautions as per directions of the E-in-C. Contractors are free to arrange their own water supply and/or electric power as per specifications for bonafide use in the entire work with prior written approval of the E-in-Charge before commencement of the work, for which neither any extra payment shall be made nor any deduction/recovery shall be effected from the contractor. However, the contractor shall be bound to produce sufficient documentary evidence in this regard to the satisfaction of the E-in-C as and when required by the E-in-Charge.
45.0 PATENT RIGHTS The Contractor shall fully indemnify the MTNL against any action, claim or proceeding relating to
infringement or use of any patent or design of any alleged patent or design rights and shall pay any royalties or other charges which may be payable in respect of any article or material or part thereof included in the Contract. In the event of any claims made under or action brought against MTNL in respect of any such matters as aforesaid, the Contractor shall be immediately notified thereof and the Contractor shall be at liberty, at his own expense, to settle any dispute or to conduct any litigation that may arise therefrom. The Contractor, however, shall not be liable to indemnity the MTNL if the infringement of the patent or design or any alleged patent or design right is the direct result of an order passed by the Engineer-in-Charge on this behalf.
46.0 PAYMENTS 46.1 Record and method of measurements
a) The Engineer-in-Charge shall, except as otherwise stated, ascertain and determine by measurement the value of the work done in accordance with the Contract.
b) All items forming part of the schedule of qualities whether having a financial value or not, shall be entered in measurement book, level too.
c) Measurements may be taken jointly by the Engineer-in-Charge or his authorised representative and by the Contractor or his authorised representative, the measurement shall be recorded and signed with date by both party.
d) Before taking measurements of any work, the Engineer-in-Charge or his authorized representative shall give reasonable notice to the Contractor. If the Contractor fails to attend or depute his duly authorised representative for measurements after such a notice or fails to accept or to record the objection within a week from the date of measurements, then in any such event measurements taken by the Engineer-in-Charge or by his authorized representative shall be taken to be correct measurements of the work and shall be binding on the contractor.
e) Except where any general or detailed description of the job/work in schedule of quantities expressly shows to the contrary, schedule of quantities shall be deemed to have been prepared and measurement shall be taken in accordance with the procedure set forth in the Specifications applicable for the job/work. In case certain items approved for execution are not covered by the Scheduled of items /
37
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
Specifications, measurements shall be taken in accordance with the relevant CPWD specifications or if the same is not covered therein then in accordance with the Standard Method of Measurement issued by the Bureau of Indian Standards.
f) For the purpose of recording measurements for preparing Running Accounts Bills, the abbreviated nomenclature for the work as approved by E-in-C may be adopted. The abbreviated nomenclature shall be taken to cover all the materials and operations as per complete nomenclature of the relevant items in the contract and all other relevant specifications.
The Engineer-in-Charge shall have the option of doing away the recording of the measurements in MB’s and order the agency to prepare bills jointly with representative of Engineer-in-Charge (in voucher forms as approved by the E-in-C). In such case the contractor will be bound to submit their bills in such forms and manner as directed by Engineer-in-Charge. The payment in part or in full as ascertained by the E-in-C (The decision of the E-in-C regarding quantum of payment shall be final and binding) may then be made to contractor after verification of the measurements/bills etc. by the representative of the E-in-C. Nothing extra will be paid to the agency in such case towards preparation of the bills.
46.2 Payment on Account Payments will be made on the basis of Job orders only after completion of works. a) Bills shall be submitted by the Contractor in prescribed form after completion of the work under
Job/work order. The Engineer-in-Charge shall then arrange to have the bill verified by taking or causing to be taken, wherever necessary, the requisite measurements of the Work. If the Contractor does not submit the bill, the Engineer-in-Charge may depute within seven days his representative to measure up the said Work in presence of the Contractor or his representative who shall accept the measurement and the Engineer-in-Charge may prepare a bill from such measurements.
b) Payment on account shall be made by the MTNL after the Engineer-in-Charge certifies the sum to which the Contractor is considered entitled by way of interim payment for the works executed, after deducting therefrom the amounts already paid, as well as the advances and other amounts as may be deductible or recoverable as per the terms of the Contract/statutory provision.
46.3 Any interim certificate given relating to work done may be modified or corrected by any subsequent interim certificate or by the final certificate. No certificate of the Engineer-in-Charge supporting an interim payment shall itself be conclusive evidence that any work or materials to which it relates is/are in accordance with the contract.
46.4 All intermediate / interim payments which may be for completed job orders shall be regarded as payment by way of advance against the final payment only and not as payment for the works actually done and completed, and shall not preclude the requiring of bad, unsound and imperfect or unskilled, work to be removed and taken away and reconstructed or re-erected or be considered as an admission of the due performance of the contract or any part thereof in any respect or the accruing of any claim nor shall it conclude, determine or affect in any way the powers of Engineer-in-Charge under these conditions or any of them as to the final settlement and adjustment of accounts or otherwise or in any other way vary or affect the contract.
46.5 Pending consideration of extension of date of completion and/or levy of compensation interim payments may be made as herein provided.
46.6 Advance Payment Whenever there is likely delay in recording detailed measurements for making a running bill/payment,
advance payment, without detailed measurements, for the work done may be made in running account bill by the Engineer-in-Charge at his discretion on being satisfied that the work has been completed to the extent the advance payment is allowed. The advance payment allowed shall be adjusted in the subsequent running bill by taking detailed measurement thereof. The final payment shall be made only on the basis of detailed measurements.
46.7 Final Bill The final bill alongwith details of measurements of the work done in the proforma approved by the E-in-C
shall be submitted by the Contractor within one month of physical completion of the work and extended period if any. No further claims shall 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 final bill in respect of which there is no dispute for quantities and at rates as approved by the Engineer-in-Charge shall be made within Three months from the date of receipt of the bill by the Engineer-in-charge. The Contractor shall submit list of disputed items within 90 (ninety) days from the payment of final bill of each and individual job order under this agreement and if he fails to do so, his claim shall be deemed to have been fully waived and absolutely extinguished.
38
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
46.8 Receipt of Payments The receipt of payments made on account of a work, when executed by the contractor, must be signed by a
person holding the valid power of attorney in this respect.
47.0 LIEN
47.1 Withholding and lien in respect of sums claimed
i) Whenever any claim arises out of or under this Contract against the Contractor, the Engineer-in-Charge shall be entitled to withhold and also have a lien to retain such sum or sums in whole or in part from the Performance Guarantee and/or Security Deposit and/or additional security deposit furnished by the Contractor. In the event of the Security Deposit/additional security deposit / Performance Guarantee being insufficient to cover the claimed amount, the Engineer-in-Charge shall be entitled to withhold and have a lien to retain to the extent of such claimed amount from any sum or sums, found payable to the Contractor under this Contract or any other Contract with the MTNL pending finalization on adjudication of any such claims.
It is an agreed term of contract that the sum of money or moneys so withheld or retained under the lien referred to above by the Engineer-in-charge will be kept withheld or retained as such till the claim arising out of or under the Contract is determined by the Arbitrator, and that the Contractor will have no claim for interest or damages whatsoever on any account in respect of such withholding or retention under the lien referred to above and duly notified as such to the Contractor. For the purposes of this clause, where the Contractor is a Partnership firm or a limited Company, the MTNL shall be entitled to withhold or also have a lien to retain toward such claimed amount (s) in whole or in part from any sum found payable to any Partner / Limited Company as the case may be, whether in his individual capacity or otherwise.
47.2 Lien in respect of claims in other contracts
Any sum of money due and payable to the Contractor including the Performance Guarantees / Security Deposit, additional security deposit refundable / returnable to him under this Contract may be withheld or retained by way of lien by the MTNL in respect of payment of a sum of money arising out of or under any other contract made by the Contractor with the MTNL. It is an agreed term of the Contract that the sum of money so withheld or retained under this clause by the MTNL will be kept withheld or retained as such by the MTNL till his claim arising out of in the same contract is either mutually settled or determined by the Arbitrator (if the Contract is governed by arbitration clause) or by the competent Court, as the case may be, and that the Contractor shall have no claim for interest or damage whatsoever on this account or on any other ground in respect of any sum of money withheld or retained under clause and duly notified as such to the contractor.
48.0 ARBITRATION/SETTLEMENT OF DISPUTES
48.1 For Contract other than with Public Sector Undertakings. Except as otherwise expressly provided in the contract, all or any questions, differences claims and disputes
relating to the meaning of specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question claim, right, breach, matter or thing whatsoever in any way arising out of or relating to this contract/tender documents, designs, drawings, specifications, estimates, instructions, order, conditions, meaning and operation or effect of the contract or breach thereof or otherwise concerning the works or the execution or failure to execute the same whether arising during the progress of work or after the completion or abandonment thereof shall be referred to the sole arbitration of the person appointed by the Chief Engineer (BW) MTNL, Mumbai. It will be no objection to any such appointment that the arbitrator so appointed is a Government / MTNL servant, that he had to deal with the matters to which the contract relates and that in the course of his duties as Government / MTNL servant he has expressed views on all or any of the matters in dispute, or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason, at the time of such transfer or vacation of the office or inability to act. The Chief Engineer (BW) as aforesaid at the time of such transfer, vacation or inability to act, shall appoint another person to act as an arbitrator in accordance with the terms of the contract. Such persons shall be entitled to proceed with the reference from the stage at which it was left by his predecessor. It is also a term of this contract that no person other than the person appointed by such Chief Engineer (BW), MTNL, Mumbai as aforesaid should act as an arbitrator and for any reason i.e. not possible, the matter is not to be referred to the arbitration at all. The arbitrator shall give reason for his award. Subject to as aforesaid the provisions of Arbitration and
39
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
Reconciliation Act, 1996 or any relevant statutory modification or re-enactment thereof and the rules made thereunder and for the time being in force shall apply to the arbitration proceedings under this clause.
It is a term of the contract that the party invoking arbitration shall specify the dispute or disputes to be referred to the arbitration under this clause together with the amount or amounts claimed in respect of each dispute. If the contractor does not make any demand for arbitration in respect of any claim(s) in writing to CE(BW) MTNL, Mumbai, within 90 days of receiving the intimation from the MTNL that the bill is ready for payment, the claim of the contractor(s) will be deemed to have been waived off and absolutely barred and the MTNL shall be discharged and released of liabilities under this contract in respect of this claims.
49.0 PLANT, TEMPORARY WORKS AND MATERIALS
i) All constructional plant temporary works and materials provided by the Contractor shall, when brought to the site, be deemed to be exclusively intended for the execution of the job/works and the contractor shall not remove the same or any part thereof, except for the purpose of moving it from one part of the site to another, without the consent, in writing of the Engineer-in-Charge.
ii) Upon completion of the job/work the contractor shall remove from site all the said constructional tools and plant and temporary work remaining thereon and any unused materials provided by the contractor.
iii) The MTNL shall not at any time be liable for any loss or damage to any of the said constructional tools or plant, temporary works for materials.
50.0 APPROVAL / PERMISSION FROM MUNICIPAL AND OTHER LOCAL BODIES
(i) The construction work involves permission from various Municipal and Public Authorities. The contractor will prepares and submit it Engineer-in-Charge, a detailed work programme on the basis of which the permissions are to be arranged by the contractor. The contractor will strictly adhere to the programmes stipulated by the permission giving authorities and complete the works within the time permitted by them. The failure to complete the work within the permitted period will be considered as a breach of the contract will be liable for various damages etc.
The contractor should accept that the permission for work may get delayed or become unavailable for various reasons. Hence, no claim will be made by the contractor for any such situation due to delay or non/availability of permission for the works.
Barricading all along in respect of all types of open trenches/excavation is to be done during duct construction works. The contractor will be bound by the terms & condition (as amended from time to time) of the inter Utility Code of conduct for Road Excavation formulated for digging trenches by Brihan Mumbai Municipal Corporation and shall also co-ordinate with other utilities. The contractor will also be liable to damages/penalties, if levied by local bodies for not adhering to the said code of conduct as amended up-to-date.
(ii) During the progress of the work contractor shall keep the site reasonably free from all unnecessary obstructions and shall store or dispose off any equipment/material and clear away and remove from site any wreckage, rubbish or temporary works no longer required.
51.0 EMPLOYMENT OF TECHNICAL STAFF
The contractor shall employ the following technical staff during the Execution of Duct work.
(i) One Graduate Civil Engineer when the tendered cost of work to be executed is more than Rs.50 lakhs (Rupees Fifty Lakhs).
(ii) One Qualified Diploma Civil Engineer and having experience of not less than 3 years, when the tendered cost of work to be executed is more than Rs.10 lakhs (Rupees Ten Lakhs) but less than Rs.50 lakhs (Rupees Fifty Lakhs).
(iii) One Qualified Diploma Civil Engineer when the tendered cost of work to be executed is more than Rs.10 lakhs (Rupees Ten Lakhs).
40
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
The technical staff who is at the site must have mobile phone and one pager with him so that he can be contacted, in case of emergency. In case the contractor fails to employ the technical staff as aforesaid, he shall be liable to pay a reasonable amount not exceeding a sum of Rs.5,000/- (Rupees Five Thousand only) for each month of default in the case of Graduate Engineer and Rs.3,000/- (Rupees Three Thousand only) for each month of default in the case of qualified Diploma Engineer.
(iv) The decision of the Engineer-in-Charge as to the period for which the required technical staff was not employed by the contractor and as to the reasonableness of the amount to be deducted on this account shall be final and binding on the contractor as to the amount and the contractor’s liability to pay the said amount.
52.0 CONTRACTOR TO SUPPLY ALL LABOUR AND EQUIPMENTS
The contractor shall provide at his own cost all materials (except such materials to be supplied from Engineer-in-Charge’s stores as so specified in the contract), plants, tools, appliances, implements, ladders, cordages, tackle, scaffolding and temporary works requisite for the proper execution of the works. Whether original, altered or substituted and whether included in specification or other documents forming part of contract or referred to in these conditions or not, or which may be necessary for the purpose of satisfying or complying with the requirement of the Engineer-in-Charge as to any matter as to which under these condition he is entitled to be satisfied, or which he is entitled to require together with carriage thereof to and from the work. The contractor shall also supply without charges the requisite number of persons with means and material, necessary for the purpose of setting out works and counting, weighing and assisting in the measurement or examination at any time and from time to time of the work or the materials. Failing him so doing, the same may be provided by the Engineer-in-Charge at the expense of contractor and the expenses may be deducted from any money due to the contractor, under this contract and/or from his Retention Money/Performance Guarantee or proceeds of sale thereof or of a sufficient portion thereof.
53.0 EMPLOYEES PROVIDENT FUND SCHEME TO BE COMPLIED BY THE CONTRACTOR: The contractor shall comply with the provision of the Employees Provident Fund Scheme 1952 as under the
Employees Provident Fund and Miscellaneous provisions Act 1952, amended from time to time. The contractor shall get himself registered and get the allocation of registration Code No. from the competent authority as per provisions of the above scheme. The contractor shall indemnify and keep indemnified MTNL against payment to be made under and for the observance of the above scheme. The Executive Engineer ( Engineer-in-charge) as principal Employer shall continue to monitor the rigorous implementation of the act / rules during the currency of the contract.
41
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
A P P E N D I C E S
&
A N N E X U R E S
42
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
MODEL SAFETY CODE
(Refer Clause No. 43.0)
1. Proper barricading approved by local bodies shall be provided at work site. All precautionary measures shall be observed such as display of caution board, red flags & flicker red light and as required by traffic laws.
2. Proper size of ladders shall be provided to the workman at the time of entering in M/H. 3. The covers at the time of opening the M/Hs & H/Hs shall be guarded properly. 4. The workman working inside M/Hs and H/Hs shall be guarded against Suffocation etc. by providing
sufficient ventilation through exhaust fan. 5. Proper light arrangement should be provided for workman when working inside M/H & P/C whatsoever. 6. While carrying out the work the contractor shall take utmost care to protect the existing services in the
ducts/MHs/PC/HH. In case of any damage to them, the cost incurred on restoring the same shall be recovered from any payment due to them. Nothing extra on this account shall be paid by MTNL to the contractor.
7. Demolition : Before any demolition work commences and also during the process of the work:
(a) All roads and open areas adjacent to the work Site shall either be closed or suitably protected ;
(b) No electric cable or apparatus which is liable to be a source of danger over a cable or apparatus used by operator shall remain electrically charged;
(c) All practical steps shall be taken to prevent danger to persons employed, from risk or fire or explosion, or flooding.
8. All necessary personal safety equipment as considered adequate by the Engineer-in-Charge shall be available for use of persons employed on the Site and maintained in a condition suitable for immediate use; and the Contractor shall take adequate steps to ensure proper use of equipment by those concerned.
(a) Workers employed on mixing asphaltic materials, cement and lime mortars / concrete shall be provided with protective footwear and protective goggles.
(b) Those engaged in handling any material which is injurious to eyes shall be provided with protective goggles.
(c) Those engaged in welding works shall be provided with welder’s protective eye shields.
(d) Stone breakers shall be provided with protective goggles and protective clothing and seated at sufficiently safe intervals.
(e) When workers are employed in sewers and manholes, which are in active use, the Contractor shall ensure that the following safety measures are adhered to:
(i) Entry for workers into the line shall not be allowed except under supervision of the representative of the Engineer-in-Charge or any other officer/official of the MTNL.
(ii) At least 5 to 6 manholes upstream and down-stream should be kept open for at least 2 to 3 hours before any man is allowed to enter into the manhole for working inside.
(iii) Before entry, presence of Toxic gases should be tested by inserting wet lead acetate paper which changes colour in the presence of such gases and gives indication of their presence.
(iv) Presence of Oxygen should be verified by lowering a detector lamp into the manhole. In case, no oxygen is found inside the sewer line, workers should be sent only with a Oxygen kit.
(v) Safety belt with rope should be provided to the workers, while inside the manholes. Such rope should be handled by two men standing outside to enable him to be pulled out during emergency.
(vi) The area should be barricaded or cordoned off by suitable means to avoid mishaps of any kind. Proper warning signs should be displayed for the safety of the public whenever cleaning works are undertaken during night or day.
(vii) No smoking or open flames be allowed near the blocked manhole being cleaned.
(viii) The malba obtained on account of cleaning of blocked manholes and sewer lines should be immediately removed to avoid accidents on account of slippery nature of the malba.
43
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
(ix) Workers should not be allowed to work inside the manhole continuously. They should be given rest intermittently. The Engineer-in-Charge may decide the time upto which a worker may be allowed to work continuously inside the manhole.
(x) Gas masks with Oxygen Cylinder should be kept at hand for use in emergency.
(xi) Air blowers should be used for flow of fresh air through the manholes when ever called for. Portable air blowers are recommended for ventilating the manholes. The Motors for these shall be vapour proof and of totally enclosed type. Non sparking gas engines also could be used but they should be placed at least 2 meters away from the opening and on the lowered side protected from wind so that they will not be source of friction of any inflammable gas that might be present.
(xii) The workers engaged for cleaning the manholes/sewers should be properly trained before allowing to work in the manholes.
(xiii) The workers shall be provided with Gumboots or nonsparking shoes, bump helmets and gloves, nonsparking tools, safety lights and gas masks and portable air blowers (where necessary). They must be supplied with a barrier cream for anointing the limbs before working inside the sewer lines.
(xiv) Workmen descending a manhole shall try each ladder step of rung carefully before putting his full weight on it to guard against insecure fastening due to corrosion of the rung fixed to the manhole wall.
(xv) If a man has received a physical injury he should be brought out of the sewer immediately and adequate medical aid should be provided to him.
(xvi) The extent to which these precautions are to be taken depend on individual situations but the decision of the Engineer-in-Charge regarding the step to be taken in an individual case will be final.
(f) The Contractor shall not employ men and women below the age of 18 years on the work of painting with products containing lead in any form. For such workers, the following precautions should be taken:
(i) No paint containing lead or products shall be used except in the form of paste or readymade paint.
(ii) Suitable face masks should be supplied for use by the workers when paint is applied in the form of a spray on a surface having lead paint dry rubbed and scraped.
(iii) Overalls shall be supplied by the Contractor to the workmen and adequate facilities shall be provided to enable the working painters to wash during the cessation of work.
(iv) (1.a) White lead, sulphate of lead or product containing these pigment, shall not be used in painting operation except in the form of paste of paint ready for use.
(1.b) Measures shall be taken, wherever required in order to prevent danger arising from the application of a paint in the form of spray.
(1.c) Measures shall be taken, wherever practicable, to prevent danger arising out of from dust caused by dry rubbing down and scraping.
(iv) (2.a) Adequate facilities shall be provided to enable working painters to wash during and on cessation of work.
(2.b) Overall shall be worn by working painters during the whole of working period.
(2.c) Suitable arrangement shall be made to prevent clothing put off during, working hours being soiled by painting materials.
(3.a) Cases of lead poisoning and suspected lead poisoning shall be notified and shall be subsequently verified by a medical man appointed by the Engineer-in-Charge.
(3.b) The Engineer-in-Charge may require, when necessary medical examination of workers. (4.) Instructions with regard to special hygienic precautions to be taken in the painting trade
shall be distributed to working painters. 9. When the work is done near any place where there is risk of drowning, all necessary equipments should be
provided and kept ready for use and all necessary steps taken for prompt rescue of any person in danger and
44
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
adequate provision should be made for prompt first aid treatment of all injuries likely to be attained during the course of the work.
10. Use of hoisting machines and tackles including their attachments, anchorages and supports shall confirm to the following standards or conditions. (a) These shall be of good mechanical construction, sound materials and adequate strength and free
patent defects and shall be kept repaired and in good working order. (b) Every rope used in hoisting or lowering materials or as a means of suspension shall be of durable
quality and adequate strength, and free from patent defects. (c) Every crane driver or hoisting appliance operator shall be qualified and no person under the age of 21
years should be in charge of any hoisting machine including any scaffolding which or give signals to operator.
(d) In case of every hoisting machine and of every chain ring hook, shackle swivel and pulley block used in hoisting or as means of suspension, the safe working load shall be ascertained by adequate means. Every hoisting machine and all gear referred to above shall be plainly marked with the safe working load. In case of a hoisting machine having a variable safe working load each safe working load and the condition under which it is applicable shall be clearly indicated, No part of any machine or any gear referred to above in this paragraph shall be loaded, beyond the safe working load except for the purpose of testing.
(e) In case of a MTNL’s machine, safe working load shall be notified by the Engineer-in-Charge, As regards the Contractor’s machine the Contractor shall notify the safe working load of each machine to the Engineer-in-Charge whenever he brings it to Site of work and get it verified by the Engineer-in-Charge.
11. Motors, gearing, transmission, electric wiring and other dangerous parts of hoisting appliances shall be provided with efficient safeguards: hoisting appliances shall be avoided with such means as will reduce to the minimum, risk of accidental descent of load. Adequate precautions shall be taken to reduce to the minimum, risk of any part of a suspended load becoming accidentally displaced. When workers are employed on electrical installations which are already energised, insulting mats, working apparel such as gloves, sleeves and boots, as may be necessary, shall be provided. Workers shall not wear any rings, watches and carry keys or other materials which are good conductors of electricity.
12. All scaffolds, ladders and other safety devices mentioned or described herein shall be maintained in a safe condition and no scaffold, ladder or equipment shall be altered or removed while it is in use. Adequate washing facilities shall be provided at or near places of work.
13. These safety provisions shall be brought to the notice of all concerned by display on a notice board at a prominent place at the workspot. Persons responsible for ensuring compliance with the Model Safety Code shall be named therein by the Contractor.
14. To ensure effective enforcement of the rules and regulations relating to safety precautions, arrangements made by the Contractor shall be open to inspection by the Engineer-in-Charge or his representatives and the Inspecting Officers as defined in the Contractor’s Labour Regulation.
15. Notwithstanding the above conditions 1 to 14 the Contractor is not exempted from the operation of any other Act or Rule in force.
45
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
ANNEXURE I
PROFORMA OF AGREEMENT
(On non-judicial stamp paper of appropriate value)
CONTRACT AGREEMENT FOR THE WORK OF _______________________________________ DATED ___________ 200 ____ Between M/s (For Proprietary concern) Shri ________________________s/o______________r/o___________ carrying on business under the name and style of ________________ _____________ of _________at ___________________(hereinafter called the said Contractor which expression shall unless the context requires otherwise include his heirs, executors, administrators and legal representatives) (hereinafter called the said Contractor which expression shall unless the context requires otherwise include its successors and assignees)of the other part. WHEREAS A. The MTNL is desirous that the Term Contract for maintenance of Cable Duct should be executed as
mentioned, enumerated or referred to in the tender documents including Press Notice Inviting Tender, General Conditions of the Contract, Special conditions of the Contract, Specifications, Drawings, Plans, Time Schedule of completion of jobs, Schedule of Quantities & Rates, Agreed Variations, other documents, has called for Tender.
B. The Contractor has inspected the site and surroundings of the work specified in the tender documents and has satisfied himself by careful examination before submitting his tender as to the nature of the surface, strata, soil, sub-soil and ground, the form and nature of site and local conditions the quantities, nature and magnitude of the work, the availability of labour and materials necessary for the execution of work, the means of access to site, the supply of power and water thereto and the accommodation he may require and has made local and independant enquiries and obtained complete information as to the matters and things referred to or implied in the tender documents or having any connection therewith, and has considered the nature and extent of all probable and possible situations, delays, hindrances or interferences to or with the execution and completion of the work to be carried out under the Contract, and has examined and considered all other matters, conditions and things and probable and possible contingencies, and generally all matters incidental thereto and ancillary thereof affecting the execution and completion of the work and which might have influenced him in making his tender.
C. The tender documents including the MTNL’s Press Notice Inviting Tender, General Conditions of Contract, Special Conditions of Contract, Pricing Schedule, General obligations, Letter of Acceptance of tender and any statement of agreed variations with its enclosures, copies of which are hereto annexed form part of this Contract though separately set out herein and are included in the expression Contract wherever herein used.
AND WHEREAS The MTNL accepted the tender of ______________________ and conveyed vide letter no. _________
dated ___________ at the rates stated in the Pricing Schedule for the work and accepted by the MTNL (hereinafter called the Schedule of Rates upon the terms and subject to the conditions of the Contract.)
NOW THIS AGREEMENT WITNESSETH & IT IS HEREBY AGREED AND DECLARED AS FOLLOWS:
1. In consideration of the payment to be made to the Contractor for the work to be executed by him, the Contractor hereby convenants with the MTNL that the Contractor shall and will duly provide, execute, complete and maintain the said work and shall do and perform all other acts and things in the Contract mentioned or described or which are to be implied there-from or may be reasonably necessary for the completion of the said works and at the said times and in the manner and subject to the terms and conditions or stipulations mentioned in the Contract., AND,
2. In consideration of the due provision, execution, completion and maintenance of the said work, the MTNL does hereby agree with the Contractor that the MTNL will pay to the Contractor the respective amounts for the work actually done by him and approved by the MTNL at the Schedule of Rates and such other sum payable to the Contractor under provision of this Contract, such payment to be made at such time in such manner as prescribed for in the Contract.
It is specifically and distinctly understood and agreed between the MTNL and the Contractor that the Contractor shall have no right, title or interest in the site made available by the MTNL for execution of the works or in the building, structures or works executed on the said site by the Contractor or in the goods, articles, materials etc. brought on the said site (unless the same specifically belongs to the Contractor) and the Contractor shall not have or deemed to have any lien whatsoever charge for unpaid bills, will not be entitled to assume or retain possession or control of the site or structures and the MTNL shall have an
46
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
absolute and unfettered right to take full possession of site and to remove the Contractor, their servants, agents and materials belonging to the Contractor, and lying on the site.
In Witness whereof the parties hereto have here into set their respective hands and seals in the day and the year first above written.
Signed and delivered for and on Signed and delivered for and on behalf of the MTNL behalf of the Contractor (MAHANAGAR TELEPHONE NIGAM LTD.) (CONTRACTOR)
DATE _________________ DATE _______________
PLACE _______________ PLACE _____________
47
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
ANNEXURE II PROFORMA FOR PERFORMANCE GUARANTEE
(ON NON-JUDICIAL PAPER OF APPROPRIATE VALUE)
THIS DEED OF GUARANTEE IS MADE THIS _________________________________ DAY OF ______________________ between the MAHANAGAR TELEPHONE NIGAM LIMITED hereinafter called the MTNL with it’s Registered Office at Jeevan Bharati Building Tower 1, 12th floor, Connaught Circus, New Delhi 110 001 (which expression shall unless excluded by or repugnant to the context include its successors and assignees) of the one part and _______________ hereinafter called the Bank (which expression shall unless excluded by or repugnant to the context include its successors and assignees) of the other part.
Whereas MAHANAGAR TELEPHONE NIGAM LIMITED accepted the tender of ________________ hereinafter called the Contractor to execute the term contract___________________ for the period of One Year of Mahanagar Telephone Nigam Limited as per letter conveyed vide MTNL letter No. ___________________ dated ________________ (hereinafter referred to as the said Contract).
AND WHEREAS the said Contract provides that the Contractor shall furnish unconditional and irrevocable Bank Guarantee to the extent of 5% of the contract value subject to a maximum of Rs. Ten Lakhs as and by way of performance Guarantee for the due observance and performance of the Contract.
AND WHEREAS at the request of the Contractor, the Bank has agreed to execute these pregents. NOW THE DEED WITNESSED AND IT IS HEREBY AGREED AND DECLARED BY AND between
the parties hereto as follows : 1. That the bank hereby agrees and undertakes that if in the opinion of MTNL, any default is made by M/s.
_____________________________ in performing any of the terms and or conditions of the agreement or if in the opinion of MTNL the Contractor commits any breach to the Contract or there is any demand by MTNL against Ms. ______________________ then on notice to the Bank by MTNL, the Bank shall on demand and without demur and without reference to M/s. ___________________________ immediately pay to MTNL in any manner in which they may direct, the said amount of Rs. _______ (Rupees ________________ only) or such portion thereof as may be demanded by MTNL not exceeding the sum of this Bank Guarantee and as MTNL may from time to time require. The liability of the Bank to pay is not dependant or conditional on the MTNL’s proceedings against the Contractor and the bank shall be liable to pay the aforesaid amount as and when demanded by them merely on a claim being raised by MTNL. 1.a) That on receipt of the demand for payment of the amount as aforesaid it will not be open to the Bank
to challenge the said demand on any ground whatsoever including the formation of opinion about the default and/or breach of the Contract and such opinion of MTNL shall be final and binding on the bank. The notice of demand shall be in the form enclosed and when such notice is received, it shall be trated as notice in accordance with the terms of the Bank Guarantee.
1.b) That the Bank undertakes to pay the amount as may be demanded by the MTNL as aforesaid within 2 (Two) days of the receipt of the demand. In case the payment is not made within 2 (Two) days as aforesaid, the Bank shall be liable to pay 24% interest per annum, for the delay in payment and it shall be without prejudice to the MTNL’s right for any other remedies that may be permissible under the law.
2. That the Mahanagar Telephone Nigam Ltd. will have full liberty without reference to Bank and without affecting this Guarantee, postpone for any time or from time to time the exercise of any of the powers and rights conferred on MTNL under the contract with the said M/s. _________________ which under law relating to the sureties would but for the provisions have the effect of releasing the Bank.
3. That the right of MTNL to recover the said sum of Rs. ______ (Rupees ___________________ only) from the Bank in manner aforesaid will not be affected or suspended by reason of the fact that any dispute or disputes have been raised by the said Ms. ______________________ ____ and/or whether any dispute or disputes are pending before any officer, Tribunal or Court.
4.a) That the Guarantee herein contained shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the said M/s. _______ _______________________ but shall in all respect and for all purposes be binding and operative until payment of all money due to the MTNL in respect of such liability or liabilities. b) The Guarantee herein contained shall not be affected by any change in the constitution of the
contractor or MTNL or the Bank and shall be a continuing one. 5.a) The Bank further agrees that the Guarantee herein contained shall remain in full force and effect for the
contract period and from the date hereof restricted to Rs. ___________ (Rupees _____________________________ only) and also that the extension of this Guarantee will be provided for
48
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
by the Bank for such period beyond the contract period as the MTNL may feel necessary in this behalf in case the time of the original contract with the Contractor is extended. Provided further that if any claim accrues or arises against the Bank before the expiry of the said contract period or an extension thereof, the same shall be enforceable against the Bank notwithstanding the fact the same is enforced after the said contract period or any extension thereof provided the MTNL has given at least three calendar months written notice to the Bank.
b) The bank undertakes not to revoke this Guarantee during its currency except with the previous consent of the MTNL, in writing.
c) Any time concession or act of omission or indulgence granted by the MTNL to the Contractor/Bank will not constitute any waiver on the part of the MTNL nor the same shall in any way prejudice or adversely affect the Guarantee.
d) The Guarantee shall not be prejudiced or in any case discharged or vitiated if the MTNL holds any other undertaking/indemnity or any other securities for protection of their interest.
6.a) That the Bank declares that it has power to issue this Guarantee in favour of the MTNL under its Memorandum and Articles of Association and the undersigned has full powers to execute it under the power of Attorney dated ___________ granted to him by the Bank.
b) That the Bank Guarantee can be invoked by the Engineer-in-Charge.
The invocation of the Bank Guarantee as above will be regarded and deemed to be invocation of this Guarantee by the MTNL.
IN WITNESS WHEREOF THE parties have executed these presents the day and year therein above writing.
Signed and delivered by Signed and delivered by Executive Engineer (C) _______________________
____________________ the constituted attorney
FOR AND ON BEHALF OF THE MTNL for and on behalf of the Bank in the PRESENCE OF
1. ____________________ 1. ______________________
2. ____________________ 2. ______________________
N.B.: The Bank Guarantee shall be from the State Bank of India or any Scheduled Bank of India.
49
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
ANNEXURE - III
PROFORMA FOR BANK GUARANTEE FOR SECURITY DEPOSIT
(ON NON-JUDICIAL PAPER OF APPROPRIATE VALUE) THIS DEED OF GUARANTEE IS MADE THIS _________________________________ DAY OF
______________________ between the MAHANAGAR TELEPHONE NIGAM LIMITED hereinafter called the MTNL with it’s Registered Office at Jeevan Bharati Building Tower 1, 12th floor, Connaught Circus, New Delhi 110 001 (which expression shall unless excluded by or repugnant to the context include its successors and assignees) of the one part and _______________ hereinafter called the Bank (which expression shall unless excluded by or repugnant to the context include its successors and assignees) of the other part.
Whereas MAHANAGAR TELEPHONE NIGAM LIMITED accepted the tender of ________________ hereinafter called the Contractor to execute the term contract___________________ for the period of One Year of Mahanagar Telephone Nigam Limited as per letter conveyed vide MTNL letter No. ___________________ dated ________________ (hereinafter referred to as the said Contract).
AND WHEREAS the said Contract provides that the Contractor shall furnish unconditional and irrevocable Bank Guarantee to the extent of 5% of the contract value subject to a maximum of Rs. Ten Lakhs as and by way of performance Guarantee for the due observance and performance of the Contract.
AND WHEREAS at the request of the Contractor, the Bank has agreed to execute these pregents. NOW THE DEED WITNESSED AND IT IS HEREBY AGREED AND DECLARED BY AND between the parties
hereto as follows : 1. That the bank hereby agrees and undertakes that if in the opinion of MTNL, any default is made by M/s.
_____________________________ in performing any of the terms and or conditions of the agreement or if in the opinion of MTNL the Contractor commits any breach to the Contract or there is any demand by MTNL against Ms. ______________________ then on notice to the Bank by MTNL, the Bank shall on demand and without demur and without reference to M/s. ___________________________ immediately pay to MTNL in any manner in which they may direct, the said amount of Rs. _______ (Rupees ________________ only) or such portion thereof as may be demanded by MTNL not exceeding the sum of this Bank Guarantee and as MTNL may from time to time require. The liability of the Bank to pay is not dependant or conditional on the MTNL’s proceedings against the Contractor and the bank shall be liable to pay the aforesaid amount as and when demanded by them merely on a claim being raised by MTNL. 1.a) That on receipt of the demand for payment of the amount as aforesaid it will not be open to the Bank to
challenge the said demand on any ground whatsoever including the formation of opinion about the default and/or breach of the Contract and such opinion of MTNL shall be final and binding on the bank. The notice of demand shall be in the form enclosed and when such notice is received, it shall be trated as notice in accordance with the terms of the Bank Guarantee.
1.b) That the Bank undertakes to pay the amount as may be demanded by the MTNL as aforesaid within 2 (Two) days of the receipt of the demand. In case the payment is not made within 2 (Two) days as aforesaid, the Bank shall be liable to pay 24% interest per annum, for the delay in payment and it shall be without prejudice to the MTNL’s right for any other remedies that may be permissible under the law.
2. That the Mahanagar Telephone Nigam Ltd. will have full liberty without reference to Bank and without affecting this Guarantee, postpone for any time or from time to time the exercise of any of the powers and rights conferred on MTNL under the contract with the said M/s. _________________ which under law relating to the sureties would but for the provisions have the effect of releasing the Bank.
3. That the right of MTNL to recover the said sum of Rs. ______ (Rupees ___________________ only) from the Bank in manner aforesaid will not be affected or suspended by reason of the fact that any dispute or disputes have been raised by the said Ms. ______________________ ____ and/or whether any dispute or disputes are pending before any officer, Tribunal or Court.
4.a) That the Guarantee herein contained shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the said M/s. _______ _______________________ but shall in all respect and for all purposes be binding and operative until payment of all money due to the MTNL in respect of such liability or liabilities. b) The Guarantee herein contained shall not be affected by any change in the constitution of the contractor or
MTNL or the Bank and shall be a continuing one. 5.a) The Bank further agrees that the Guarantee herein contained shall remain in full force and effect for the period of
tender and from the date hereof restricted to Rs. ___________ (Rupees _____________________________ only) and also that the extension of this Guarantee will be provided for by the Bank for such period beyond the Contract period as the MTNL may feel necessary in this behalf in case the time of the original contract with the Contractor is extended. Provided further that if any claim accrues or arises against the Bank before the expiry of the said contract period or an extension thereof, the same shall be enforceable against the Bank notwithstanding the fact the same is enforced after
50
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
the said contract period or any extension thereof provided the MTNL has given atleast three calendar months written notice to the Bank.
b) The bank undertakes not to revoke this Guarantee during its currency except with the previous consent of the MTNL, in writing.
c) Any time concession or act of omission or indulgence granted by the MTNL to the Contractor/Bank will not constitute any waiver on the part of the MTNL nor the same shall in any way prejudice or adversely affect the Guarantee.
d) The Guarantee shall not be prejudiced or in any case discharged or vitiated if the MTNL holds any other undertaking/indemnity or any other securities for protection of their interest.
6. a) That the Bank declares that it has power to issue this Guarantee in favour of the MTNL under its Memorandum and Articles of Association and the undersigned has full powers to execute it under the power of Attorney dated ___________ granted to him by the Bank.
b) That the Bank Guarantee can be invoked by the Engineer-in-Charge.
The invocation of the Bank Guarantee as above will be regarded and deemed to be invocation of this Guarantee by the MTNL.
IN WITNESS WHEREOF THE parties have executed these presents the day and year therein above writing.
Signed and delivered by Signed and delivered by Executive Engineer (C) _______________________
____________________ the constituted attorney
FOR AND ON BEHALF OF THE MTNL for and on behalf of the Bank in the PRESENCE OF
1. ____________________ 1. ______________________
2. ____________________ 2. ______________________
N.B.: The Bank Guarantee shall be from the State Bank of India or any Scheduled Bank of India.
51
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
ANNEXURE - IV
ANNEXURE TO BANK GUARANTEE
PROFORMA FOR NOTICE OF INVOCATION
To,
The Manager
________________ Bank,
________________ Branch,
________________
Sub. : Invocation of Bank Guarantee No. ________ dated __________
Dear Sir,
You are to hereby to take notice that M/s. _______________________________ have made default
in performing terms and conditions of the agreement/has committed breach of the Contract.
We accordingly invoke the above noted Bank Guarantee to the extent of Rs. ____________________
(Rupees ______________________________________ only) and demand that the said sum be
released in our favour without any demur and delay at the earliest.
Thanking you, Yours sincerely, ( )
52
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
INTERUTILITY ORGANISATION & CODE OF CONDUCT FOR ROAD EXCAVATION
Considering that
Due to large scale development and maintenance activities of the various utilities opening in the area of the Municipal Corporation of Greater Mumbai, there are frequent digging of the footpaths and carriageways of the roads of Mumbai causing much inconvenience to the road using public of Mumbai.
These digging take place with very little co-ordination between the various utilities and with very little consideration to the safety of the extent plant/underground services of other utilities, and
It is in the interest of public of Mumbai and all the utilities to bring this unsatisfactory situation under control.
The following utilities operating in the area of Municipal Corporation of Greater Mumbai have agreed to
a) Form an interutility Organisation, and b) Adopt a code of conduct for road excavations
(i) Municipal Corporation of Greater Mumbai (ii) Mahanagar Telephone Nigam Limited, Mumbai (iii) Mumbai Electric Supply and Transport Undertaking (iv) Mumbai Suburban Electric Supply Ltd. (v) Mahanagar Gas Limited (vi) Tata Electric Company (vii) Maharashtra State Electricity Board
The interutility organisation will have the objectives of ensuring adherence to the code of conduct and providing a form for discussing interutility problems of common interest. The code of conduct will have the objectives of minimizing inconvenience to the road using public of Mumbai minimizing damages to the underground plant/services of one utility due to the digging activities of another utility and co-ordinating development process to achieve overall economy.
Part ‘A’ of this documents defines the Interutility Organisation and Part ‘B’ specifies the code of conduct.
53
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
PART ‘A’ INTERUTILITY ORGANIZATION
1. There shall be permanent interutility Organisation representing the following utilities operating in the area of Municipal Corporation of Greater Mumbai.
(i) Municipal Corporation of Greater Mumbai. (ii) Mahanagar Telephone Nigam Limited (iii) Bombay Electric Supply and Transport undertaking (iv) Bombay Suburban Electric Supply Ltd. (v) Mahanagar Gas Limited (vi) Tata Electric Company (vii) Maharastra State Electricity Board
The Interutility Organisation shall have a 3 tier set up.
2.0 The Zonal committee As the first level of the Interutility Organisation there shall be 4 zonal committees in each of which all the
utilities are represented.
2.1 The 6 zones shall be as follows:- South Zone : A Ward to E Ward Central Zone : F Ward to G Ward Western Zone I : H(East), H(West), K(East), K(West) Western Zone II : P(North), P(South), R(North), R(South) Eastern Zone I : L Ward, M(East), M(West) Eastern Zone II : N,S & T wards
2.2 Representation in a Zonal Committee from the various utilities shall be as follows:-
UTILITY : REPRESENTATIVE M.C.G.M : Concerned ward offices, Executive Engineer in charge of projects, Construction and Maintenance for Roads, Waterworks and sewerage
MTNL : Concerned Divisional Engineers in charge of construction and maintenance.
B.E.S.T/B.S.E.S : Concerned Distribution Engineer.
M.S.E.B. : Executive Engineers.
Tata Electric Co : Superintendent (Distribution) and Senior Maintenance Engineer
M.G.L : Distribution Engineer
Traffic Police shall be represented by the concerned Assistant Commissioner of Police (Traffic).
Zonal Committees shall have the following functions:
(i) To monitor adherence to the code of conduct, if necessary through joint inspections. (ii) To discuss instances of non-adherence of the code of conduct, as noted by its own monitoring or on
complaint by any utility and to take appropriate decisions to ensure adherence to the code of conduct. (iii) To discuss and solve day to day problem in coordinating the works of various utilities, as planned and
agreed upon by the Standing Committee. (iv) To put up to the standing committee problem that have defined at level of the zonal committee
mutually acceptable solutions.
The Chairmanship of the committees shall be shared by each utility for a period of one year by rotation .
The zonal committees shall meet atleast once in a month.
54
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
The Standing Committee. As the second level of the Inter-utility Organisation there shall be Standing committees in which all the
utilities are represented.
Representation in the standing Committee from the various utilities shall be as follows:
UTILITY REPRESENTATIVE M.C.G.M 1 City Engineer Dy. Municipal Commissioner (Special Engineering)
MTNL 1 Dy. General Manager (Constn) Dy. General Manager (Mtce)
B.E.S.T/B.S.E.S/ Chief Engineers
Tata Electric Co 1 Dy General Manager General Superintendent
Mahanagar Gas Limited Chief Engineer Distribution Engineer
Traffic Police shall be represented by the Deputy Commissioner of Police (Traffic).
The standing committee shall have the following functions: (i) To coordinate the plans of construction work of various utilities, as detailed in the code of conduct. (ii) To discuss and solve, in a mutually acceptable way, problems forwarded by the zonal committees. (iii) To discuss instances of non-adherence to the code of conduct on a complaint by any utilities and
arrive at appropriate decisions to compliance. (iv) To discuss any problem of common interest to all the utilities and arrive at appropriate decisions. (v) To forward to the Apex Body problems which have defied at the level of the standing committees
mutually acceptable solutions. (vi) To propose to the Apex bodies, any necessary amendment to the code of conduct.
The chairmanship of the standing committees shall be shared by each utility for the period of one year by rotation. The Executive Engineer(Traffic & Coordination) BMC will be the secretary of the standing Committee.
The Standing Committee shall meet atleast once in three months.
Apex Bodies: As the highest level of the inter-utility organisation there shall be an Apex body. Representation in the Apex Body from the various utilities shall be an Apex Body.
M.C.G.M. Municipal Commissioner MTNL General Manager B.E.S.T. / B.S.E.S. General Manager / Chairman Tata Electric Co. General Manager Mahanagar Gas Limited General Manager
The Police shall be represented by the Commissioner of Police, Mumbai. The Apex Body shall have the following function.
(i) To discuss problems and proposals forwarded by the Standing Committee and arrive at mutually acceptable decisions.
(ii) To discuss in general, matters of common interest to all utilities and which require decisions at the highest level.
(iii) To review the effectiveness of the code of conduct and amend it, when considered necessary. (iv) To review the functioning and effectiveness of the inter-utility Organisation and modify its structure
and membership when considered necessary, code of conduct and amend it, when necessary.
4.3 The Municipal Commissioner shall be the Chairman and the City Engineer, the Secretary of the Apex Body.
4.4 The Apex Body shall meet at least once in six months.
55
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
5.0 INTERUTILITY SECRETARY There shall be a permanent secretary cell for the inter-utility Organisation under the BMC which shall
provide secretarial assistance to Zonal Committee and Standing Committee and the Apex Body. The head of the this secretarial shall also act as Secretarial to the Zonal Committees.
5.1 In the month of April, every year, all utilities shall intimate to the secretarial cell their designated representative to the Apex Body. Standing Committee and Zonal Committee.
PART ‘B’ - INTERUTILITY CODE OF CONDUCT
1.0 This code of conduct for the road excavation has adopted by the following utilities operating in the area of Municipal Corporation of Greater Mumbai.
(i) Municipal Corporation of Greater Mumbai. (ii) Mahanagar Telephone Nigam Limited (iii) Bombay Electric Supply and Transport undertaking (iv) Bombay Suburban Electric Supply Ltd. (v) Mahanagar Gas Limited (vi) Tata Electric Company (vii) Maharashtra State Electric Board. 2.0 SCOPE : The code of conduct regulates the trenching activities of the above utilities only to the extent of
ensuring minimised inconvenience to the road using public, minimum hazard to life of operating personnel and the road using public minimised damages to the underground plant. Services of one utility by an excavating party of another utility and coordinated works programmes in the interest of overall economy.
3.0 CO-ORDINATED PLANNING
3.1 All utilities shall submit to the Standing Committee by the first week of May, their programme of major works such as flyovers, subways, main sewerage and water works, programme of resurfacing of roads, programme of tree planting and such cable works as involve at a stretch, excavation of more than one kilometer in length, on all roads over which BEST buses fly. The programme shall cover a period extending from the month of October in that year to that of May in the following year. The utilities while submitting their programme need only mention.
(a) The name and type of work to be carried out (b) The name of the road and locality at which it is proposed to be carried out specifying the stretch of
the work from its starting point to its completion point.
The standing committee shall then review all these works in the first week of June and formulate a co-ordinated plan for all these works, to the extent possible.
3.2 BMC shall ascertain the requirements of road crossing pipes from all utilities when new roads are being formed or existing roads are being widened BMC shall provide sufficient number of road crossing pipes at intervals of 75 mtrs. and invariably near at junctions of roads. Each utility can pay for the provision of pipes at the time of provision or at the time of its actual utilisation.
3.3. Prior information on planned works
Each utility shall send to every other utility detailed information on jobs planned for the next quarter and seek information on existing underground plant of other utilities. For this purpose each utility shall send two sets of road maps marking the route of the underground plant/services proposed (horizontal distance of alignment fro, the outer edge of the footpath and depth from the surface level of footpath). Utilities receiving such sketches shall return within four weeks one set of sketches marking clearly the location of their own underground plant/services.
3.4 Shifting or realignment of underground plant/services
56
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
If any utility requires due to valid reasons that any other utilities has to shift the alignment of its underground plant/services the utilities requiring such realignment shall pay for all the expenses incurred by realigning utility in this regard.
4.0 PRIOR INFORMATION ON TRENCHING ACTIVITIES
4.1 Intimation to Municipal Corporation
As laid down in the Indian Electricity Act and the Indian Telegraphs Act prior approval of the Municipal Corporation shall be obliged for all planned works through the respective ward offices. In case of emergency trenching for restoring service, the ward offices shall be intimated of the exact locations for the trench being taken, likely duration of the trench being kept open and particular unit responsible for trenching. This intimation shall be given to ward office not later than the closing time of the office on the next working day.
4.2 Intimation to Traffic Police
Prior information of trenching in carriage ways shall be given to traffic police authority to enable them to divert or regulate the traffic around the location of trenching. Trenching in carriage ways shall be carried out in consultation with the traffic police.
4.3 Intimation to other utilities Prior intimation of all trenching works shall be given to those utilities who desire that they should be given
prior information to enable then to take necessary steps to safeguard their underground plant. This information shall be given over phone at least 24 hrs. in advance and each utility seeking such information shall have its own central information centre to receive it.
5.0 TRENCHING Before deciding the alignment for trenching, utilities shall take at reasonable intervals (10m) trail holes to
ascertain the locations at various underground plant/services. The final alignment shall be so as to minimise possible exposure of underground plant, services of other utilities. While laying power and communication cables, there shall normally be horizontal and vertical separation between power and communication cables of 0.6 M but in no case shall be it less than 0.4 M for single core cable and 0.3 M for multi core cable. The power and communication cables shall be as far as possible cross at right angles to each other. Before commencement of the trenching operation the supervisors and workmen incharge of the trenching shall be appraised of the obstruction and existence of other utility services from the information obtained from the trail holes plans furnished by other utilities.
Before commencing trenching operations a CAUTION board shall be set up at height or about 1.25 m above the ground level. The CAUTION board shall remain as long as the trench remains open. The board shall have red back-ground and the lettering bold and prominent. At either end of long trenches there shall be additional display of boards indicating the name of the utility the Officer in-charge of operation, the date of opening the trench and likely date of closure.
Use of cro- bars shall be restricted to the removal of hard upper crust of earth only. Thereafter excavation be carried out with pick-axes. During the progress of excavation, if warning covers of other utilities are exposed earth around these covers shall be scooped carefully by a phowarh, metal road of rencing pins or with the tip of pickaxe. After loosening the covers, they shall be removed an stacked carefully outside the trench, for reuse, case of excavation work of depth more than 1.6 m approx. shoring of the walls of the trenching shall be provided to prevent collapse of unexcavated portion.
In case of trenches taken for cable laying, maximum length of continuous run of trench kept open at any time shall be restricted to 2 drum lengths of the cable.
When underground plant/services of other are exposed during the progress of excavation adequate protections to such plant/services at suitable interval along the run of these plant/ services as well as job shall be provided. Support can be given by mean of beams over piers placed at intervals across the trench, from which exposed plant/services are slung during the progress of the work. While slinging cables or pipe joints longitudinal supports below the joint by means of wooden planks shall be provided.
57
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
In case of inadvertent damage to the plant/services of utilities location and nature of damage shall be intimated to the concerned utility immediately. In the meantime, action shall be taken for preventing aggravation of damage.
During the progress of excavation work, excavation earth shall be stacked carefully along the route of the trench so as to cause minimum inconvenience hindrance to traffic and pedestrians. Sides of such stacks shall be painted with chuna. Excess material shall be stacked at suitable and convenient places for use at the time of backfilling the trench.
Trenches shall be barricaded at both ends and the excavated material stacked on either side of the trenches shall from an earth barricade on the sides.
Telephone and power cable shall be taken across the main road and street through road crossing pipes (hume pipes and earthen pipes). The trench for laying these pipes shall be carried out during night times as vehicular and pedestrian traffic density could be very high during the day time. Even during nights the trench shall be excavated in parts so that the traffic is not completely blocked.
When trenches longer than 100 m taken in footpaths and all trenches taken across carriageways are to be kept open overnight or when trenching is to be done during night, warning red lanterns or flicker lamps shall be displayed at both the ends of the trenches.
When trenches are taken across entrances of buildings, temporary footbridges shall be provided. Blind driving of piles, poles, spikes etc. in footpaths to a depth greater than 0.3 m shall be strictly avoided.
6.0 FLOODING
During excavation of 250 m in length of more in a stretch, if telephone cable are exposed MTNL shall be informed of such exposure and at the discretion of MTNL, the trenching utility shall allow MTNL to flood the trenches with water to enable detection and rectification of possible damages to the Telephone cable. For this purpose the trenching utility shall keep the trenches open for 24 hours more than the time otherwise required. MTNL shall be given prior notice of atleast 72 hours about then the trench would be ready for flooding.
BILLING FOR DAMAGES CAUSED
Whenever one utility damages the underground services/plant of another utility, if the damaged utility proposes to bill the trenching utility to recover the rates incurred in repairing the damage, the following procedure shall be adopted.
Immediately after the damaged utility becomes aware of the damages caused to its plant / services the supervisory officers in charge of trenching operation during which the damages were caused shall be shown the damages and endorsement shall be taken from him for having been shown the damages caused by his trenching party. This endorsement shall invariably accompany the bill preferred by the damaged utility. Such bills be preferred not later than 4 weeks from the date of actual damage.
BACKFILLING
While backfilling the trenches, other utilities plant/services disturbed during the excavation of trench shall be brought in proper alignment and warning covers shall be properly replaced before further backfilling is carried out. Warning covers, damaged while trenching shall be replaced by the trenching utility at its own cost. Proper bedding below and cushioning above cable shall be provided.
Penalty for non observance of precautionary measures in digging shall be imposed (MCGB No.CHE/128/CC roads and traffic dated 15.5.1993).
58
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
MUNICIPAL CORPORATION OF GREATER MUMBAI No. che / 128 Rds. & Tr. dt. 15.5.93
(In MTNL applicable to TMC/CIDCO/MIDC etc. also)
Sub: Trenches of Municipal Roads / Footpaths Penalty for non-observance of Precautionary Measures on digging
RATES OF PENALTY
............................................................................................................................................................ Sr. No. Default Penalty .............................................................................................................................................................
1. For not displaying board giving the following information Rs. 25/day a) Name of the organisation / department undertaking the work. b) Name of the contractual agency executing the work c) Date of starting d) Time period e) Probable date of completion.
2. Not providing barricades / terrace on all sides of the Rs.10/- per day running metre trench. irrespective of the depth of the Trench. Minimum penalty of Rs.100/- per day shall be recovered.
3. Not providing red lamps during night Rs.50/- night
4. Not removing surplus debris/earth from site within Actual expenditure incurred by the period specified by the concerned Ward Officer MCGM for removal of surplus debris/earth 50% of the actual expenditure. 5. Not properly backfilling the trench and Handling over Rs.5/- day per RM irrespective R.I authority on completion of job (Date of completion depth of trench. Minimum of work will be taken as given at the time of issuing penalty Rs.50/- day. permit or subsequent date if extended by the W.O.)
6. Not taking prior permission for road/footpath Rs.100/- day per trench opening from the concerned ward officer or intimating the W.U./A.E. (Maint) in case of fault or in case of emergency. 7. Not refilling the trench within 48 hours of Rs.10/- per day RM minimum completing the job Penalty Rs.100/- day.
59
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
SPECIAL CONDITIONS OF CONTRACT
60
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
SPECIAL CONDITIONS - A
1. Time period of the contractor shall be from .................. to
................................................. which may be extended by the mutual consent. 2. All the permissions from local bodies leading to commencement of the job/work shall
be obtained by the contractor. However the E-in-C shall assist them in writing letters to the local bodies and making payment of all the fees & charges demanded by the local bodies in writing. Nothing extra whatsoever shall be paid by MTNL on this account.
3. No job / work will be taken up without providing sufficient barricading, lighting, Red flags and signages in the area. The job/work shall be completed within the time period stipulated by the local bodies in the permissions. To achieve the same, if required, contractor shall carry out the work at nights also to the satisfaction of the E-in-C. Nothing extra, whatsoever shall be paid by MTNL on these account.
4. Rates quoted by the contractor shall be for finished items and shall remain fixed during currency of the contract. They shall be deemed to include all the expenditure needed for the required barricading, lighting, red flags signages work, contingent expenditure on obtaining permission from various local bodies to all the exigent expenditure likely to be incurred by the contractor to execute the work. Nothing extra over and above them shall be paid.
5. The contractor shall take utmost care in protecting various utilities met with during the works. Any damage done to them shall be rectified on his/their risks and cost. In case any penalty is levied by the concerned utility, the same shall be borne by the contractor. Decision of the E-in-C in this regard shall be final and binding. Nothing extra whatsoever shall be paid by MTNL on this account.
6. The contractor shall ensure that during execution of the job/work minimum inconvenience to the people in the locality should be caused. He shall provide all the temporary arrangement needed for their movement. Decision of the E-in-C in this regard shall be final and binding. Nothing extra, whatsoever, on this account shall be paid by MTNL to the contractor.
7. The contractor shall ensure that during execution of the job/work, no damage to the properties of people of the locality shall be done. In case of his failure, the same shall be rectified at his risk and cost. Decision of the E-in-C, in this regard, shall be final and binding. Nothing extra, whatsoever, in this account shall be paid by MTNL to the contractor.
8. It will be agreed term of the contract that the contractor shall have the following truck mounted T&P for smooth operation of bailing out/cleaning of manholes.
a) Two pumps in running condition each of 5 H.P. with one of them as standby.
b) Two numbers ladders
61
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
c) Two generators in running condition each of adequate capacity.
d) 2 Nos. of exhaust fans of sufficient capacity.
e) Drill machine of heavy duty as approved by E-in-C.
f) Caution boards minimum two.
g) Barricading materials with lighting arrangement, red flags, red lamps etc.
9. Water and power required for the work/labours, shall be arranged by the contractors at his cost.
10. In case of cleaning, bailing out water from MH/HH/PC, the proportionate monthly payment shall be made only in those months in which the item has actually been required to be done. A register in the prescribed proforma shall be maintained and shall be signed by the E-in-C or his representative not below the rank of Gazetted Officer for release of the monthly payment.
11. In case of trenching work, its flooding shall be done to ascertain any faults/damage to telephone cable before covering the trench to the satisfaction of the E-in-C. Nothing extra, whatsoever on this account shall be paid by MTNL to the contractor.
12. For construction works, the quoted rates shall be deemed to include disposal of surplus earth, debris and unserviceable materials as per local bodies by laws. However for maintenance works disposal shall be paid separately under relevant item.
13. Technical specification for construction of duct and chamber with drawing and general specification are available in EE’s office and can be seen by agency before tendering.
14. Rep / Supervisor of the contractor shall petrol the route wherever the MCGM / other local authorities has taken up CC road work / footpath development work at the cost of agency irrespective of job order issued or not.
15. The maintenance complaints like replacement of SFRC /CI Covers shall be attended within 24 hours of receiving complaints/telephonic instructions from E-in C failing which recovery shall be imposed as per MCGM/NMMC rules.
16. The agency should keep close liaison with the BMC /MMRDA /TMC/ NMMC / Local Authorities Etc, Contractor / Staff working for CC road / Development work to avoid delay in completion of repair of duct work and raising / lowering of MH / HH / PC work.
17. The repair / maintenance work is to be taken up by the agency with the development work / CC road work so that duct is not disconnected or MH/ HH /PC is not buried under the paver block RCC road.
62
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
18. The issue of job-order(s) in writing to the contractor may take some time for completing procedural formalities. It is agreed condition of the contract that the contractor shall not refuse to commence the job within the period as required and directed by the E-in-C even before issue of Job order for commencement of such work by E-in-C.
19. Branded PVC, UPVC, HDPE, Sub ducting HDPE pipe shall be used e. g. Kamal, Kissan, Finolex, Supreme, Jain, Sangir, Taxmo or equivalent ISI approved pipes confirming to relavent IS specifications. SFRC covers shall be of Amar concrete, Rashmi Fabricators or approved equivalent. The contractor shall procure the pipes,covers in a lot and produce test report conforming to relevant IS code. The arrangement for storage of pipe, covers shall be made by the contractor at their cost and convenience.
20. If the rate for any item is not available in the duct schedule of rates and if same is available in the current building term contract schedule 11-12 the contractor shall have to carry the item at the same rate of the building term contract schedule 11-12 and same will be applicable for the payment purpose.
EE (Civil) Vashi, MTNL, Navi Mumbai-400701
63
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
TECHNICAL SPECIFICATIONS
1.0 PREFACE The work in general shall be carried out as per C.P.W.D. specifications 2009 Vol. I & II with upto date
corrections slips. In case the same are not available therein, the following specifications shall be followed. In case of non availability of any of specifications of above, the specifications given in relevant B.I.S. codes shall be followed. In its absence therein also the instructions of the E-in-C shall be followed. However in all the circumstances, interpretation of any of specifications by E-in-C shall and binding.
2.0 CONSTRUCTION MATERIALS 2.1 Pilot Rope The rope shall be 4 mm dia. It shall be made from polypropylene having low elongation, should not get
affected by sot/mildew and biological organism and should be immune to action of acids. It shall have a minimum breaking strength of 214 Kg. and shall conform to IS:4175 of 1992.
2.2 Structural Steel All finished steel shall be well and cleanly rolled to dimensions and weight specified by I.S.I. subject to
permissible tolerances as per IS : 1852 - 1973. The finished materials shall be reasonable free from cracks, surface flows, laminations, rough imperfect edges and all other harmful defects. Steel sections shall be free from rust, scaling and pitting and shall be well protected by primer coat. Galvanised members shall used wherever prescribed.
2.3 M.S. GALVANISED ARTICLES All M.S. articles shall conform to relevant I.S. codes and shall be galvanised according to ISO R 1460 & R
1461 or IS:4736 - 1968 unless otherwise specified. The minimum coating weight shall be as under: Fabricating Article coating weight Minimum Average
(i) 5 mm thick or more 610 gm/m2 (ii) Under 5 mm thick but not less than 2 mm 460 gm/m2 (iii) Under 2 mm thick 335 gm/m2
2.4 SFRC HANDHOLE COVERS: Construction Design Requirements The SFRC covers shall be manufactured as per all requirements detailed above. Some of the requirements
are described below : (i) Concrete Reinforced Concrete of grade M-35 conforming to IS: 456-1978 shall be used. The plate
compactors/vibration table/vibro processing system shall be used for proper compaction. Curing shall correspond with the curing requirements for precast element and manufacturing process shall be as per IS: 12592 (Part I)-1988. Suitable Admixtures conforming to IS:9103-1979 shall be added to concrete mix.
(ii) Steel Fibre The random distributed steel fibre shall be provided at a rate of 0.5% by volume of concrete. The
fibre shall be of medium tensile steel in accordance with para 3.6 of IS:12592 (Part I)-1988 read along with Amendment No.2 of August 91.
(iii) Reinforcement The reinforcement shall be provided in frame and cover, The reinforcement in the cover shall be
welded to side lining of the cover.
64
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
(iv) All steel plates and lifting arrangement shall be galvanised. (v) The cover should be able to withstand an equivalent load of 35 MT (Extra heavy duty grade) when
applied through a block of diameter 300 m for minimum period of 30 seconds as specified in IS: 12592 (Part I) 1988.
(vi) The requirement of sampling and criteria for conformity, load tests, inspections and manufacturers guarantee will be as per IS : 12592 (Part I) 1988.
(vii) Marking Each manhole cover shall have a permanent marking, sunk, cast on them providing following
information. (a) Manufacturer name or Trade Mark. (b) Month and Year of Manufacture (c) Figure of telephone and Words “MTNL” 2.5 CAST IRON COVERS AND FRAME :- They shall be able to withstand extra heavy duty grade of loading conforming to classification extra HD-35
as per IS-1726-1991. The assembly shall be cast iron conforming to IS:1726- 1991, for dimensions and grade of cast iron. The cover shall have marking as detailed in 2.4 (vii).
2.6 P.V.C. PIPES 2.6.1 Scope The specification covers the requirements of pipes manufactured from rigid (unplasticized) polyvinyl
chloride (PVC) for use of underground ducts for cables either in concrete encasement or in sand encasement.
2.6.2 General This specification details the technical requirements. The specifications refer to the following Standard
Specifications . a) ASTM D 636/1708 - Tensile strength / Modulus of Elasticity b) ASTM D 792 - Density c) ASTM D 1894 - 63 Coefficient of friction d) ASTM D 2240 Hardness e) ASTM D 2412 Pipe stiffness f) BS 2782 Softening Point (Method 102-D) g) IS 2500 (Part I) Sampling Plans h) IS 4985 - 1988 Unplasticised PVC pipes i) IS 10124 (Part I) - 1988 - Coupling Dimensions j) IS 12235 (Various Parts) - 1986 Method of tests. 2.6.3 Material The material from which white colour pipe is produced shall consists substantially if Polyvinyl Chloride
having a K value between 64 to 67 with not less than 3 % rutile grade Titanium dioxide in the finished product.
In addition to other requirements of this specification the pipe shall not be affected by ultra violet rays when stored in open and shall be rigid at tough enough to withstand without deterioration, the effects of normal storage, handling and installation.
Single pass rework material of the same composition production from the Manufacturer’s own production can be used and shall not exceed 10% in any case. If used it shall not result in deviation of the pipe from this specifications or the performance characteristics mentioned in this specification.
65
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
The material used in the manufacturer of the pipe shall be such that the service life can reasonably be expected to be in excess of 50 years when encased in concrete.
The pipes and fittings are to be made from materials which will not soften in temperature upto 80 degree C and, will not become brittle and difficult to handle at temperature down to 10 degree C. The vicat softening point should be above 80 degree C as per BS 2782.
Manufactured pipes and fittings must produce a clear, sharp surface when cut with the hand saw, there shall be no cracking or crumbling of the cut surface.
2.6.4 Dimension of Pipe The pipe shall be supplied in the dimensions given in table - 3. The effective length of pipe including socket
shall be 6 meters + 30 mm. ............................................................................................................................................................. Table - 3 (8.4.1) ............................................................................................................................................................. Sl. No. Type of Pipe Application External Diameter(mm) Wall thickness (mm) ............................................................................................................................................................. 1. A Cement concrete 110+0.5 2.5+0.3 Encasement 2. C Sand or soil or Cement 50+0.3 1.9+0.1 concrete encasement ................................................................................................................................................................. The eccentricity which is equal to the difference between the measured minimum and maximum inside
diameters shall not exceed 2 %. The eccentricity requirement shall equally apply to sockets. 2.6.5 Jointing Sockets, Couplings, and Bends Each pipes shall have sockets at one end produced automatically or fabricated from the pipe material to
facilitate jointing of pipes. The inside of the socket shall have a slight taper so that the plain end of the pipe can fit loosely at entry and tightly at the shoulder of the socket and sufficient space will remain between the pipe and the socket for sealing the joint with cement. The socket end shall be concentric and parallel with the pipe.
The minimum socket depth and mean inside diameter at midpoint of the socket and pipe shall comply with those given in Table 4.
................................................................................................................................................................ Table - 4 (8.5.1) ................................................................................................................................................................ Nominal Size of pipe Min. Length of socket Mean internal dia of socket ................................................................................................................................................................ 110 mm 61 mm 110.2 + 0.15 50 mm 31 mm 50.2 + 0.1 ................................................................................................................................................................
2.6.6 Bends and Couplings When required, bends and couplings of the same material with sockets of dimension mentioned above at
both ends shall be supplied to enable jointing of pipes cut to make up definite route length. The length of the coupling shall be as per IS: 10124 (Part 2). Prefabricated Bends shall be 30 degree pf 45 degree or 90 degree as required. Diameter or bends shall be 110 mm.
2.6.7 Workmanship The pipes and accessories shall be homogenous through out and free from any visible surface flaking, chips
holes, cracks, blisters, dents, heat marks or / and other defects etc. The external and internal surfaces of the pipes shall be smooth, clean and free from obstruction. The ends shall be cleanly cut and reasonably square
66
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
with the end of pipe. The product shall be uniform as commercially practicable in respect of colour, opacity, density and other physical properties.
2.6.8 Bending Radius 110 mm dia straight PVC pipes shall be capable of being bent easily in the field to a radius of 11 meters and
50 mm dia PVC pipe shall be capable of being bent easily in the field to a radius of 5 meters respectively without heat treatment. No wall wrinkling of collapse shall take place.
2.6.9 Solvent cement i) Sufficient cement, appropriate for the product material shall be supplied in cans with the supply of
pipe, coupling or bend. The cement shall be composed of solvent and PVC (10% minimum) which can be readily applied to the pipe ends at outdoor temperatures. Each container shall have a level indicating the curing time the range of temperature at which the cement should be used, full instruction for application and precautionary measures to be taken. The joint should attain the strength as detailed at 8.8.2.
ii) Capability to from water tight joints shall be determined by joining two section of pipe, each atleast 40mm long and allowing to joint to cure for the duration and at the temperature indicated in the instruction supplied with the container. Joints shall show no evidence of leakage when subjected to an internal pressure of 0.7 KG/Sq. cm. The tensile strength of the duct with joint, shall not be less than 80% of the tensile strength of the duct without a joint. Normally the test shall be carried out at ambient temperature. The joints should attain atleast 85% of the above specified strength within 2 hours.
iii) The solvent cement shall be free flowing and shall not contain lumps, microscopic undissolved particles, and foreign matter that will ultimately affect the joining strength. The solvent cement shall show no gelation. It shall show no stratification and separation which cannot be removed by stiffing.
2.6.10 OTHER MATERIALS Spacers i) The spacers shall be 2 way, 3 way or 4 way as required, as typical standard Drg No. GMCD- 30. ii) These shall be made of ABS thermo plastic material, in any shade other than black as approved by
Engineer-in-Charge. iii) Spacers shall be dimensionally stable and shall not break on twisting. iv) Spacers shall be stable to withstand temperature variation. v) Spacers shall give snug fitting to the pipes so that perfect duct configuration is maintained. vi) They shall ensure 50 mm gap between the pipes.
vii) The spacers shall able to withstand evenly disturbed load and also an impact of refilling viii) Direct sunlight should be avoided while storing. ix) Minimum weight of spacer shall be as under.
----------------------------------------------------------------------------------------------------------------------------- Weight Base spacer (Variation allowed)intermediate ----------------------------------------------------------------------------------------------------------------------------- 2 way spacer 195 gms 190 gms +4% 3 way spacer 290 gms 285 gms +4% 4 way spacer 380 gms 365 gms +4% -----------------------------------------------------------------------------------------------------------------------------
x)All the sharp edges in the spacers should be avoided. xi)Spacers shall have manufactures identification mark. 2.6.11 Expansion (inner) plug and End (outer) Cap/plug i) Expansion plug 110 mm PVC pipe
67
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
Its upper portion and lower portion shall be made of Acrylonitile Butadiene Styrene (abs) thermo plastic material in any colour other than black as approved by Engineer-in-Charge.
It’s rubber washer (gasket) shall be made of good quality rubber to last long. The weight of upper portion shall be 65 gms. & lower portion shall be 45 gms. With a tolerance of +5% in
weight and dimension as per drawing Drg No.GMCD-37. ii) Expansion plug to 50 mm pipe Its upper portion and lower portion be Acrylonitile Butadiene Styrene (ABS) thermo plastic material in any
colour other than black as approved by Engineer-in-Charge. The weight of lower portion shall be 5 gms & upper portion be of 12 gms. With a tolerance of +5% in
weight and dimension as per Drg No.GMCD-37. Its rubber washer (gasket) shall be made of good quality rubber to last long. 3.0 CONSTRUCTION STANDARDS 3.1 Standards to be maintained for execution of the works 3.1.1 General The contractor’s representative shall always be available at site during the progress of the work to take
instructions from the Engineer-in-Charge or his representative who can be contacted in emergency. It is mandatory on the contractor to have a mobile phone and a pager to contact him or his representative in the case of emergency.
The contractor shall provide and maintain sufficient caution-cum-information Boards and adequate barricading with lighting arrangement, red flags, red lights as required, along excavated work areas as per requirement of the local authorities and as per guidelines laid in “INTER UTILITY ORGANISATION AND CODE OF CONDUCT FOR ROAD EXCAVATION”. Any violation of these guide lines attracts levies/penalties which shall be borne by the contractor.
Barricading Warning-cum-Caution Board shall be reflector type and during dark hours, flash lights, shall be operated at site.
The work shall be executed so as to cause minimum interference to road traffic and pedestrians. Suitable arrangements shall be made for providing passage to pedestrians & vehicles.
All reasonable steps shall be taken to prevent damage to pavings outside excavation areas and to protect pavings from contamination by fuel and/or oil from the equipment used as site.
3.1.2 Excavation and Backfilling
Trenches shall be located according to the regulation of the Local Bodies and shall cause minimum interference to the existing pipes, cables, trees, or any other underground objects. The Location of the aforementioned objects shall be determined by excavation of pilot holes/trenches. In all cases the Local body’s directives shall prevail.
Broken surface material (asphalt, concrete, etc.) must not be used for backfilling. Such material as well as surplus subsoil shall be removed from the site and dumped as directed by the Engineer-in-Charge.
The excavation shall include all necessary arrangement to maintain stability of the excavation, bailing out or pumping of water in excavations from rains, subsoil water from other sources protection & supporting existing services i.e. pipe, water, mains, cables etc. met within the course of excavation (care shall be taken not to disturb electric & communication cables, water supply & sewer pipes etc.)
Backfilling shall not commence before the work, to be covered, has been approved.
All spaces outside the walls of joining chambers and around ducts shall be carefully filled with earth, free from stones and rubbish, and rammed. Care shall be taken to ensure that the ramming does not disturb the recently completed work. Backfilling shall be made in layers of 250 mm, each layer thoroughly compacted.
Minimum required length of excavated trench only will be kept open overnight. Opening of trenches for further works will not be allowed when earlier trenches remain open without any reason. The contractor will take due care in this regard and ensure closing of trenches-at the end of each day’s work.
68
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
Contractor shall be responsible for care and protection of existing services. If the services are damaged during excavation and subsequent works, contractor shall pay the damaged clarified by the concerned authority otherwise these shall be deducted from bills of contractor.
Any useful material obtained from the excavation shall be stacked separately and the property of MTNL/Local bodies and shall be disposed off as per directions Engineer-in-Charge.
3.1.3 Breaking and Restoration of Surface
Where pneumatic drills or other power drive road breaking appliances are used they shall be fitted with silencing devices and the compressor machine shall be maintained in an efficient condition so as to avoid undue noise.
Surface pavement (asphalt, concrete, tiles etc.) may have to be permanently restored at extra cost by the contractor at the discretion of the Engineer-in-Charge other then BMC Area.
In all cases the contractor shall be responsible for providing temporary restoration i.e. proper backfilling and compacting of any trench or other excavation to the upper level of existing road over as per local bodies direction.
To carry out repair to the damaged portion of the ducts, the following standards are to be followed. The bottom of the trench shall be well levelled and free from stones and other object which may damage the ducts. The bottom of the trench shall be provided with a 75 mm thick well compacted and levelled lean concrete.
Following concrete Covers shall be maintained around the pipes nest.
Top Cover - 75 mm
Bottom Cover - 75 mm
Side Cover - 50 mm
Wherever directed Poke out pipes from the manhole/handhole will taken out from side of the chamber facing the footpath and shall be extended upto the footpath.
If the duct formation has to be rearranged due to obstruction the rearrangement of the side formation shall be made in such a way that the bending stress shall be as low as possible. Nothing extra/less shall be payable/deductible on this account.
3.1.4 Antiquities & Useful Materials
Any finds such as relics of antiquities, coin, fossils or other articles of value shall be delivered to Engineer-in-Charge and shall be the property of MTNL. Any useful materials obtained from excavations shall be stocked separately and shall be the property of MTNL/Local bodies.
3.1.5 Breaking and restoration of surface
BREAKING AND RESTORATION OF SURFACE units are of two types namely: Breaking of Surface and Restoration of surface.
BREAKING OF SURFACE Units shall include all labour and materials required for breaking surface of asphalt, concrete, tiles embedded in concrete including their subgrade/base etc. This unit includes disposal of material which cannot be reused. It also includes necessary material for hazard warning and protection measures to be taken to minimise the disturbance to the public. Work shall preferably be done by night or during low traffic periods, as per permission available from the local traffic authorities.
RESTORATION OF SURFACE Where the breaking of surface is disturbing the flow of traffic specially while crossing the road, immediate temporary measures for restoring traffic shall be made by Contractor and such work should be get completed in shortest possible time and as per direction of Engineer-in-Charge.
69
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
3.1.6 Inspection & tests during physical implementation
General
Inspection of the Contractor’s works during the construction period will be carried out. Tests shall be carried out in the presence of the Engineer-in-Charge or his representative. All tools, instruments, mechanical aids etc. as well as manpower, required for the test and inspection shall be supplied by the Contractor at no extra cost. Records of tests shall be complied by the contractor and submitted to the Engineer-in Charge.
PVC Pipe
PVC pipes can be got checked and tested by MTNL even though these might have been certified by any testing agency earlier. The tests and inspection procedure has been detailed under 8.0.
SFRC Materials
The contractor shall supply Manufacturer’s Guarantee and inspection reports as per performance requirements. The Engineer-in-Charge can get them checked tests at any stage even though these might have been certified by any testing agency earlier.
It is stated that in case the duct system do not pass the final acceptance testing or checks as required at 32.0 the contractor shall bear all costs and reoffer works for preliminary inspection of the Engineer-in-Charge.
Mandrel Test All the ducts shall be rodded and cleaned before testing. A test mandrel 300 mm long and 92 mm diameter
shall be pulled through each 110 mm dia pipes in duct formations. In case of 50 mm dia pipe, a mandrel of 200 mm long and 35 mm dia shall be used. In case of bends of radius less than 6 meters ball mendral of 95 mm and 35 mm dia shall be used for 110 mm and 50 mm dia pipes respectively. If any obstruction is encountered, it shall be removed either by roding, cleaning or repairs etc as be required. Upon completion of such corrective works, a new request for inspection shall be submitted by the contractor.
The Engineer-in-Charge after his satisfactory preliminary inspection shall offer the works for final inspection of the Acceptance Testing Unit. The A/T Unit and Engineer-in-Charge shall jointly inspect the completed spans consisting of two manholes and duct length in between, and satisfy themselves that the work has been completed and passed all the checks and tests prescsribed in Acceptance Testing Schedules.
After completion of final inspection the acceptance testing unit shall issue the completion and testing reports on prescribed proforma. The A/T Completion Report shall be issued only after all the points have been attended to. The reports shall normally be released within 30 days from receipt of other from the Engineer-in-Charge.
No work shall be treated as complete until acceptance, testing and quality control checks are completed and found satisfactory.
All defects pointed out by A/T unit or Engineer-in-Charge shall be rectified and got retested before the work is treated as completed. The responsibility of nonclearing the defects and thus non completion of work shall always rests with the contractor.
All testing amenities and facilities shall be invariably provided by the contractor at his cost. Corrective works, if any, shall be carried out as soon as possible. Upon completion of such corrective work
a new request for acceptance shall be submitted to Engineer-in-Charge. 3.1.7 Making Manholes/Pulling Chambers water tight:- Water tightness against the following leakage in the
existing Manhole/Pulling chambers shall be done. i) From pipes:- This leakage shall be attended to by providing expansion plugs in unused pipes; by
sealing the gap between the cable and PVC pipes. In case the existing seal is defective, it shall be replaced by the new one as directed by E-in-C.
ii) Through RCC work or through joints of pipes and RCC work:- Grout of neat cement slurry mixed with water proofing compound of approved consistency shall be pushed in the RCC under the required gravity head. To achieve the same, nipples of the required sizes shall be inserted in the concrete works at the required locations and spacing. The slurry shall be allow to flow in each flow till the refusal. In case this method does not help in achieving the water tightness (the decision of E-in-C shall be final and binding), the grouting shall be done under higher pressure achieved through suitable equipments etc. However the
70
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
relevant item shall be payable only after achieving the water tightness to the satisfaction of the Engineer-in-Charge.
SCHEDULE OF ITEMS AND RATE FOR DUCT MAINTENANCE WORK 2012-13
(ALL PRICES ARE IN RUPEES)
Item No. Description Unit Rate A-01
Earthwork in excavation over areas (exceeding 30cm in depth,1.5 m in width as well as 10 sqm on plan ) including disposal of excavated earth ,lead up to 50m & lift up to 1.5m ,disposed earth to be leveled and neatly dressed & barricading lighting etc as per BMC guidelines (All kinds of soil)
one cum
180.00
A-02 Dismantling /cutting including stacking of serviceable materials & disposal of unserviceable materials within 50 m lead (Bituminous road)
one cum 540.00
A-03 Filling available earth (excluding rock etc)in trenches plinth ,side of foundations etc. in layers not exceeding 20cm in depth, consolidating each deposited layer by ramming & watering lead up to 50m & lift upto 1.5m
one cum 93.00
A-04 Disposal of debris/excavated earth obtained from the work during demolition, excavation onsite by mechanical transportation as per municipal bye laws and location permitted by local bodies.(To be paid only for maintenance works ie raising /repairing of manholes covers, repairing of ducts etc and not to be paid for new construction works)
one cum 522.00
A-05 Demolishing RCC work including stacking of steel bars & disposal of unserviceable materials within 50m lead
one cum 1068.00
A-05-A Demolishing cement concrete including disposal of materials within 50m lead
a) 1:3:6 or richer mix
one cum 732.00
b) 1:4:8 or leaner mix
one cum 452.00
A-06 Providing & placing in position PCC 1:5:10 in level as a base course (1-cement : 5course sand : 10 graded stone aggregate 40 mm normal size.)
one cum 3879.00
A-07 Providing & laying in position cement concrete 1 : 3 :6 (1 cement : 3 coarse sand : 6 graded stone aggregate 20 mm normal size)
one cum 4613.00
A-08 Providing & laying in position1:1.5:3 reinforced cement concrete (1 cement 1.5 coarse : 3 graded stone aggregate 20 mm normal size) excluding the cost of centering, shuttering ,finishing & reinforcement - All work up to plinth level.
one cum 5991.00
A-09 Providing & laying reinforced cement concrete 1:2:4 (1 cement :2coarse :4stone aggregate of 20mm nominal size) excluding the cost of shuttering , centering ,finishing & reinforcement -All work up to plinth level .
one cum 5471.00
A-10 Reinforcement for RCC work including straightening, cutting, bending, placing in position & binding all complete-cold twisted bar
one kg 73.00
A-11 6mm thick cement plaster 1:3 (1 cement :3 fine sand)
one sqm 126.00
A-11-A 12m thick cement plaster 1:6 (1 cement :6 fine sand)
one sqm 150.00
A-11-B Neat Cement punning.
one sqm 38.00
A-12 Providing & laying 2.5 mm thick 110mm dia (O/D) PVC pipes with 4mm thick PP rope of approved quality & make with ABS thermoplastic spacers of approved quality & make @ 2m c/c spacing wherever required including the cost of PVC cap wherever required etc complete as directed by Engineer in Charge.
one metre 153.00
71
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
A-13 Centring and shuttering including strutting, propping etc.removal of form for foundation,footings,bases of columns,walls,slabs.beams,columns etc.for mass concrete.
one sqm 212.00
Item No. Description Unit Rate
A-14
Modifying the existing MH/PC/HH which shall include following works:
each
1294.00
1) Excavation & proper barricading of work site by taking all precautionary measures such as caution boards, steel barricades, red flags ,red lamps etc. as required.
2) Cleaning surfaces 3) Road cutting, 4) Removing of frames, covers, I - beam etc.& keeping them in safe place with
watch & ward.
5) Dismantling existing RCC & PCC, 6) Cutting & straightening the existing reinforcement if required any. 7) Placing, bending & binding the additional reinforcement. 8) Applying neat cement slurry for bondage with old concrete, 9) Shuttering & centring, 10) Providing/laying RCC1:1.5:3 (1-cement 1.5-coarse sand 3- graded stone
aggregate 20mm nominal size)
11) PCC 1:5:10 (1 cement:5 coarse sand:10 graded stone aggregate 20mm nominal size),
12) Plastering on new surface in cement mortar 1:3 (1 cement: 3 fine sand) & repairing at broken places.
13) Back filling, 14) Removal of barricading, 15) Refixing old frame, cover & I beams, 16) Fixing new frame, cover & I beams if necessary, 17) Other item, if necessary as directed by Engineer- in-charge. 18) Necessary curing, 19) Cleaning the site. The completed job shown against Sl. No. 4, 6,16 & 19 shall be paid as under, &
other job shall be paid based on quantity under the relevant items; in Section A.
A-15 Raising/lowering the necks of MH/PC/HH to match with the road level, the works includes as follows:
1) Proper barricading of work site by taking all precautionary measures such as caution boards, steel barricades ,red flags red lamps etc.
2) Necessary excavation, 3) Road cutting, 4) Removing of frames, covers, beam etc.& keeping them in safety place with
watch & ward,
5) Apply neat cement slurry for bondage with old concrete. 6) Providing additional steel reinforcement if required, 7) Repairing of broken plaster on old as well as new surface in cement mortar 1:3
(1 cement :3 fine sand)
8) Necessary curing, 9) Back filling, 10) Cleaning of site. 11) Removal of barricading. Complete as directed by Engineer-in-Charge (the completed job shall be paid under
this except PCC, RCC, reinforcement, cement plaster & new covers & frames which shall be paid under relevant order)
A-15-1 Raising/lowering the neck which includes Barricading removing of frame & cover of MHs, refixing the same, etc.
each 693.00
72
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
Item No. Description Unit Rate A-15-2
Raising/lowering the neck which includes Barricading removing of frame/covers/ I-beam of PCs etc. & refixing the same
A-15-2-1 PC of size 1.8m X 1.8m X 1m or equivalent volume.
each 891.00
A-15-2-2 PC of size 3m X 1.8m X 1.8m or equivalent volume.
each 1589.00
A-15-2-3 PC of size 4m X 1.8m X 1.8m or equivalent volume.
each 1890.00
A-15-3 Raising/lowering which includes barricading removal of frames covers / I beams of HHs & refixing the same.
A-15-3-1 H/H type I of size 1.2m X 0.7m x1.0m or equivalent volume.
each 493.00
A-15-3-2 H/H type II of size 1.8m X 0.8m x1.0m or equivalent volume.
each 615.00
A-15-3-3 H/H of volume more than 1.44 cum or equivalent volume.
each 738.00
A-16 Providing & fixing 110mm dia. (O/D) PVC poke out pipe in MH, PC & HH towards foothpath necessary excavation, holes in RCC walls, for the pipes & making good the same with cement concrete of 1:1.5:3(1 cement :1.5coarse sand :3 graded stone aggregate 10mm nominal size) mixed with water proofing compound, flushing the pipe with internal surface, repairing the broken plaster(inside location) with 6mm plaster in cement mortar 1:3(1 cement3 fine sand ) encasing the pipes in cement concrete of 1:3:6(1 cement :3coarse sand :6 graded stone aggregate 20mm nominal size) fixing PVC cap to outer end of duct pipe, backfilling disposal of surplus earth/material as per local byelaws, required dewatering etc. complete as directed by Engineer- in -Charge.(The completed item shall be paid under this item except PVC pipes which shall be paid under relevant item.)
each hole 600.00
A-17 Providing and fixing in position cast iron covers, frames, cable bearers, neck grills ,sump grills of approved make quality ,size & weight in MH,PC & HH in place of defective, broken or missing one, making good wherever required with matching RCC,PCC cement plaster & stacking the serviceable materials as directed etc. completed as directed by Engineer -In Charge (The complete item shall be paid under this item except RCC ,PCC, plaster which shall be paid under relevant items.
A-17-1 a) C.I. covers, grills and frames fixing with materials for MH/HH.
one kg 70.00
A-17-2 b) Labour charges for fixing of C.I. covers, grills, & frames including transportation (for the material supplied by deptt.)
one kg 2.00
A-18 Providing & fixing in position SFRC covers of approved quality, size & make in MH,PC & HH in place of defective broken or missing covers complete as directed by Engineer-in-Charge.
A-18-1 S.F.R.C. covers size 780mm dia. & 94mm thickness
each 3023.00
A-18-1-a Deduct for not providing steel fibre in SFRC covers in item no A-18-1
each 2267.00
A-18-2 S.F.R.C. covers size 825 X 625 X 94mm
each 3027.00
A-18-2-a Deduct for not providing steel fibre in SFRC covers in item no A-18-2
each 2270.00
A-18-3 S.F.R.C. covers size 925 X 625X 94mm
each 3556.00
A-18-3-a Deduct for not providing steel fibre in SFRC covers in item no. A-18-3
each 2552.00
A-18-4 S.F.R.C. covers size 925 X 775 X 94mm
each 4093.00
A-18-4-a Deduct for not providing steel fibre in SFRC covers in item no A-18-4
each 2936.00
73
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
Item No. Description Unit Rate
A-19 Providing & fixing iron frame works in MH, HH & PC etc. including removal of the defective one, necessary excavation & dismantling etc. wherever required, making good with matching RCC,PCC cement plaster etc. complete as directed by Engineer-in-Charge.(The complete items shall be paid under this item except RCC,PCC plaster which shall be paid under relevant items).
one kg 84.00
A-20 Providing the supporting systems to the existing cable joints in MH & PC etc. Providing MS channels of approved size (75 X 40 X 6mm ) with 12mm dia. Machine
made holes & fixing the same to RCC walls with metallic expandable fasteners of approved shape, size & make (10mm dia &100mm long) at the spacing as mentioned in diagram, including drilling the necessary holes wherever required ,removing the defective ones etc. welding the MS angle of size 50 x 50 x 8mm of length (550 mm or 750 mm) with 'C' channel with cantilever support . Providing support over the above arrangement for the existing cable joints as mentioned in the diagram to be fitted on the cable bearers with nut & bolts of approved quality & make without any damage to the existing cable joints. Removing the existing MS section from the MHs/PCs, cleaning ,providing hot dipped, welding cable bearers with C' channels along with cantilever supports & refixing the 'C' channel with necessary metallic expendable fasteners complete as per the direction of Engineer-in-Charge
A-20-1 New mild steel section, welding & refixing with metallic fasteners, nut & bolts.
one kg 84.00
A-21 Cleaning of existing PVC/GI/UPVC duct pipes; removal of obstruction if any, caused by deposition of rubbish , silt filth or similar material ,by watering jet &brushing etc. failing which by digging the location of the obstruction, breaking the duct matching the pipes ; providing & laying 4mm dia PP rope ; passing 92mm dia mandrel/cable piece of required length: etc. complete as directed by Engineer in Charge.( the complete item shall be paid as under only except cutting road/footpath, excavation, dismantling concrete, new PVC pipes, PCC under relevant items).
A-21-1 Cleaning of PVC/GI/UPVC pipes & passing mandrel or piece of cable of 92mm dia, & 1m length.(110mm dia. O/D)
one metre 3.00
A-21-2 Providing & inserting Poly propylene rope 4mm dia, in existing pipes all complete as directed by Engineer - in – Charge
one metre 4.00
A-22 Cutting projection of the existing PVC pipes in MHs/PCs/ HHs to flush them with inside surface of wall & disposal of the unserviceable materials to dumping ground identified by BMC/TMC.
each pipe 9.00
A-23 Providing & fixing 300 mm long threaded entry pipes assembly TEPA to the110 mm entry duct pipes in MHs/PCs/HHs etc. complete as directed by Engineer in Charge.(Cost includes dismantling of existing concrete & making good after complete work)
each 476.00
A-24 Providing & fixing double Gasket PVC expansion plugs to 110 mm duct pipes.
each 98.00
A-25
Credit for taking over recovered damaged unserviceable material
A-25-1 C.I. Items
one kg 25.00
A-25-2 G.I./MS items
one kg 14.00
A-25-3 Mild/Tor steel
one kg 7.00
A-25-4 SFRC coves of MH/HH
each 150.00
A-25-5 Unserviceable PVC pipe-110 mm ( 1 kg /metre)
one Kg. 11.00
74
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
Item No. Description Unit Rate
A-26 Providing & laying SUB-DUCTING in 110mm/150mm O/D PVC pipes with 40 mm outer dia. HDPE pipe (Conforming to IS 4984-1985) in bunch of 3 or 4 pipes & inserting 4mm dia pp rope in each sub-duct pipes (cost includes for all materials & labour required for subducting items with insertion of pp rope inside 110mm /150mm dia. PVC pipe & dewatering of MH.)
A-26-1 Bunch of 40 mm dia.3 Nos. HDPE pipes.
one metre
120.00
A-26-2 Bunch of 40 mm dia.4 Nos. HDPE pipes.
one metre
148.00
A-26-3 Providing & laying SUB/Inner duct in 110/150mm O/D PVC pipes with MaxCell EM 5222-3 or equivalent, suitable for laying three cables of size upto 21 mm manufactured from polyester and Nylon .Each cell shall be of 30mm dia consisting a pull tap of 12 mm width and strength not less than 565 Kg. Sub/Inner duct shall be pre-lubricated with 100% polydimethyl siloxane with a viscosity of 350+/- 25 cps and lubricate to withstand a temperature range from -40 to 205 degree Centigrade. And shall have a melting point of more than 215 degree Centigrade, free from halogen etc. including labours and machineries required for laying sub ducting etc complete.
one metre 218.00
A-27 Deduct for not having 3 nos of blue strips (lines) 3 mm wide or having less width of blue strip at equidistance as per IS standard.
A-27-1 For bunch of 3 nos pipes
one metre
12.00
A-27-2 For bunch of 4 nos pipes
one metre
16.00
A-28 Providing & laying UPVC pipe of 100 mm internal dia. Conforming to BIS specification for casing pipe including providing spacers @ 2m c/c with 4mm thick PP rope of approved quality & other fittings wherever required with A/T all completes as per direction of Engineer -in-charge.
one metre 272.00
A-29 Providing & laying HDPE pipe of 110 mm O/D class III, thickness not less than 5.0 mm as per IS :4984, with 4mm thick PP rope approved quality & other fittings wherever required with A/T all completes as per direction of Engineer-in –charge.
one metre 222.00
A-30 Providing & laying HDPE pipe of 125 mm O/D class III, thickness not less than 5.0 mm as per IS :4984 (Black/ Orange colour only),with 4mm thick PP rope approved quality & other fittings wherever required with A/T all completes as per direction of Engineer- in-charge
one metre 279.00
A-31 Extra for using galvanized sections in single & built up sections of any type as per direction of Engineer - in - charge.
one kg 19.00
A-32 Providing & applying water tight sealing (3 M type/DUX-100 or equivalent) of the duct pipes containing cables in MH/PC complete as per the manufacturer's specifications & the direction of Engineer - in - Charge. The empty kit shall be returned to the department after use for release of payment.
each 366.00
75
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
Item No. Description Unit Rate
A-33
P/F 125mm G.I. Pipes complete with G.I. Fitting including required trenching & refilling etc. external work (B class )
one metre
1248.00
A-34 Injection grouting of cement slurry of the required consistency mixed with approved admixtures (" " MC-Einpresshilife EH" "of MC- Bauchemie (India) pvt. Ltd. @ 0.75 kg. of cement by wt. or approved equivalent) in RCC members at 3-5 kg/sqcms pressure; drilling holes of required size (dia & length) at the required spacing in to the RCC members & cleaning there of ;inserting & fixing nipples/ nozzles of required size (dia & length ) in the holes; sealing of the surface cracks /cavities /holes/porous surface etc. around the holes ; plugging of nipple with cement mortar or as directed ;removal & disposal of debris & dirt as per municipal bye laws etc. complete as per direction of E-in-Charge. (Note payment of the completed work shall be made as under)
(a) Drilling & providing nipples /nozzles of approved materials in required dia & length etc.
each 61.00
(b) Injection grouting of cement slurry mixed with approved admixtures (Payment shall be made as per on the actual cement consumption in the grout).
one kg 19.00
A-35 Deduct for not providing ABS thermoplastic spacers of approved make for PVC pipe duct at required spacing as directed by Engineer-in-charge.
(a) One side spacers of required size & shape
(i) 2-way spacer
each 41.00
(ii) 4-way spacer
each 67.00
(b) Both side spacers of required size & shape
(i) 2-way spacer
each 41.00
(ii) 4-way spacer
each 67.00
A-36 Brick work with bricks of class designation 35 in foundation & plinth in
(a) Cement mortar 1:4 (1 cement :4 coarse sand )
one cum 4758.00
(b) Cement mortar 1:6 (1 cement :6 coarse sand )
one cum 4625.00
A-37 Extra for providing & mixing water proofing materials in cement concrete work in proportion as recommended by manufacturer.
per 50 kg cement bag
47.00
SCHEDULE OF UNIT RATES 2012-2013
(ALL PRICES ARE IN RUPEES)
1.
Construction of manholes in all types of soils complete as per technical specifications and drawings and as indicated in brief description of items (The rate includes cost of all operations including Ready Mix Concrete of M 20 grade, providing barricading as per the directions of Engineer-in-Charge and removing the same at appropriate time).
Sl.No. Type of MH & HH Unit Rate
76
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
a)
MH type I for 6 way duct (2x3)/(3x2) ……………………………………………………. (3400 x 2100 x 2100)
each
250492.00
b) MH type II for 16 way duct (4x4) ……………………………………………………. (4600 x 2100 x 2100)
each 320552.00
c) MH type III for24 way duct (4x6) ……………………………………………………. (4600 x 2100 x 2900)
each 387655.00
d) MH type IV for 24 way duct (6x4) ……………………………………………………. (5800 x 2500 x 2100)
each 433789.00
e) MH type V for 36 way duct (6x6) ……………………………………………………. (5800 x 2500 x 2900)
each 548748.00
f) MH type VI above 36 way duct (6x6) …………………………………………………… (7000 x 3000 x 2900)
each 766212.00
g) HH type II A ……………………………………………………………………………….
each 86926.00
2.
Extra / deduct for construction of MHs at additional / less depth than specified over item No.1.
2 (A) Upto 100 mm :
Nil Nil
2 (B) Beyond 100 mm and upto 700 mm for every additional depth of 200 mm or part thereof
Sl. No. Type of MH & HH Unit Rate
a) MH type I for 6 way duct (2x3)/(3x2) …………………………………………………….
each
6899.00
b) MH type II for 16 way duct (4x4) …………………………………………………………
each 7429.00
c) MH type III for 24 way duct (4x6) ………………………………………………………..
each 8568.00
d) MH type IV for 24 way duct (6x4) ……………………………………………………….
each 10873.00
e) MH type V for 24 way duct (6x4) ………………………………………………………..
each 10872.00
3.
Construction of duct route including cost of 100 mm dia 2.5 mm thick PVC pipes, Ready Mix Concrete M10 grade nylon ropes, necessary excavation, back filling and disposal of surplus earth etc. complete as per technical specification and drawings. (This rate also includes cost of all operations including providing barricading as per directions of Engineer-in-Charge and removing the same at appropriate time).
3 (A) Laid in concrete for junction primary and secondary routes as per drawing No. GM CD1 B, 1B2, 1C1, 1C2 & 1D1.
Sl. No. No. of ways Unit Rate
a) 8 way ……………………………………………………………………………………..
one metre
3357.00
77
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
b) 12 way ……………………………………………………………………………………..
one metre 4463.00
c) 16 way ……………………………………………………………………………………..
one metre 5571.00
d) 20 way ……………………………………………………………………………………..
one metre 6693.00
e) 24 way ……………………………………………………………………………………..
one metre 7941.00
f) 36 way ……………………………………………………………………………………..
one metre 11272.00
3 (B)
Cost of providing and laying PVC pipes 110 mm dia between Handholes/Manholes on routes and distribution duct only in concrete as per drawing No. GM CD 1 E.
Sl.No. No. of ways Unit Rate
a) 2 way ……………………………………………………………………………………….
one metre
1153.00
b) 4 way ……………………………………………………………………………………….
one metre 1758.00
c) 6 way ……………………………………………………………………………………….
one metre 2410.00
Note: The above rates are for PVC pipes with 3 percent titanium dioxide and if found less and acceptable to the department, irrespective of its limit, rate of item No.3 will be reduced by 5% (Five percent). (Three samples from each lot of pipe received at site will be sent for determination of titanium dioxide to IIT Mumbai or CIPET CHENNAI as independent test irrespective of testing in other clauses or condition of tender documents.
4 Extra over item no.3(A) for duct construction at additional depth.
4 (A) Upto 100 mm
nil nil
4 (B) Beyond 100 mm depth for every additional depth 200 mm or part thereof
Sl.No. No. of ways Unit Rate
a) 8 way ……………………………………………………………………………………..
one metre
58.00
b) 12 way ……………………………………………………………………………………..
one metre 58.00
c) 16 way ……………………………………………………………………………………..
one metre 58.00
d) 20 way ……………………………………………………………………………………..
one metre 58.00
e) 24 way ……………………………………………………………………………………..
one metre 81.00
f) 36 way ……………………………………………………………………………………..
one metre 81.00
4 (C)
Extra over item no.3(c) for duct construction between handholes at additional depth.
Sl. No. No. of ways Unit Rate
a)
2 way ……………………………………………………………………………………..
one metre
38.00
b) 4 way ……………………………………………………………………………………..
one metre 38.00
c) 6 way ……………………………………………………………………………………..
one metre 48.00
4 (D)
Reduction over item No.3(A) & 3 (B) for duct construction at less depth - Same rates as of item No.4
78
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
Item No. Description Unit Rate
5.
Extra for flooding of the trenches to check faults in telephone cables due to construction of ducts
one metre
20.00
6. Extra over item No.1 for excavation including dressing of sides and ramming of bottom and getting out the excavated rock and stacking as directed, lead up to 50 mm(for manholes)
6 (A) Ordinary rock
one cum 250.00
6 (B) Hard rock by chiseling (blasting prohibited)
one cum 575.00
7. Extra over item No.3 for excavation including dressing of sides and ramming of bottom and getting out the excavated rock and stacking as directed, lead upto 50 m. (for duct trenches).
7 (A) Ordinary rock
one cum 284.00
7 (B) Hard rock by chiseling (blasting prohibited)
one cum 589.00
8. Providing and laying cement concrete 1:3:6 ( 1 part cement : 3 part coarse sand : 6 part stone aggregate 20 mm nominal size) including curing and cost of form work etc. for raising handhole duct on primary, secondary and junction routes to handhole level or wherever required as per the direction of Engineer-in-Charge.
one cum 4613.00
9. Add/deduct over item No.1 on account of providing and laying more/less quantity of reinforced cement concrete 1:1.5:3 (1 part cement : 1.5 part coarse sand : 3 part stone aggregate) including cost of formwork curing etc. complete in manholes and handholes.
one cum 5991.00
10. Add/deduct over item No.1 on account of providing more / less reinforcement for RCC work including bending, binding and placing in position complete in manholes/handholes as per specifications and drawings. High yield strength deformed bars.
one kg 73.00
11. Earthwork in excavation in all types of soil / surfaces in foundation trenches or drains (not exceeding 1.5 m in width and 10 sq.m on plan)including dressing of sides and ramming of bottom, lift upto 1.5 m including getting out the excavated soil.
one cum 180.00
12. Providing centering and shuttering including strutting propping etc. and removal of form work for (a) foundation, footings bases of columns etc. & mass concrete.
one sqm 212.00
Item No. Description Unit Rate
13.
Providing and laying cement concrete 1:2:4 (1 part cement : 2 part coarse sand : 4 part stone aggregate of 20 mm nominal size) and curing complete in foundation, footing & bases of columns excluding cost of shuttering & bases of columns excluding cost of shuttering and centering.
one cum
5471.00
14. Refilling trenches with available earth.
one cum 93.00
15. Providing and laying UPVC pipe of 100 mm internal dia conforming to IS specifications for casing pipe including cost of spacers with fittings wherever required with A/T all complete as per the direction of Engineer-in-Charge.
one metre 272.00
79
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
16. Providing and fixing C I frame & cover type II handhole as per MTNL specifications including cost of labour & material etc. with A/T all complete as per the direction of Engineer-in-Charge. (Weight of frame of Type II H/H shall be 250 kg and weight of each cover shall be 157 kg. Weight of cover including frame of MH shall not be less than 270 kg).
one kg 70.00
17. Providing and fixing steel works in single section/welded section including cutting, hoisting fixing in position all complete as per the direction of Engineer-in-Charge.
(R.S. JOISTS, CHANNELS, ANGLES TEES, MS SHEETS ETC.)
one kg 84.00
18. Extra for RMC
18 (A) For M-10
one cum 370.00
18 (B) For M-15
one cum 306.00
18 (C) For M-20
one cum 100.00
80
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
BRIEF DESCRIPTION OF THE ITEMS OF WORK INDICATED IN SCHEDULED OF UNIT RATES
0. PREFACE
The items of works are to be executed by providing all the required material equipments, labour etc. inspection, testing and maintenance complete as per technical specification for external plant net works(cable duct system) and drawings and includes cost of all tests necessary to maintain quality of materials and workmanship.
Subject to the above and without any limitation to the following descriptions of the items of the work includes in the Schedule of Unit Rates, are given for the guidelines.
1. CONSTRUCTION OF MANHOLE/HANDHOLE This item involves construction of complete manhole/handhole, including material as per technical
specification and drawings and includes all activities as given below:- (This also includes cost of 100 mm extra depth).
1. Pilot trenching as required or directed by Engineer-in-Charge.
2. Barricading providing warning sign boards, display boards, reflectors etc. to be fixed in position before excavation of Manhole started and shall remain fixed in position till completion of each manhole in all respects.
3. Excavation including breaking of road surface in all type of soils except in ordinary rock
and hard rock.
4. 100 mm lean concrete 1:5:10 (1 cement : 5 coarse sand : 10 stone aggregate 40 mm nominal size).
5. Providing and laying reinforcement (H.Y.S.D bars) i/c cutting, bending, binding, placing in
position, binding wire etc.
6. Form work including necessary arrangement for duct entry/cable bearer work.
7. R.C.C including water proofing compound and other admixtures - Ready Mix Concrete M 20 grade.
8. Providing and fixing fixtures viz.
i) CI manhole H.H cover and C.I frame. ii) Galvanised pulling eyelet, ladder hook, with fixing arrangements. iii) CI Grill with locking arrangement. iv) MS Galvanized cable bearer with fixing arrangement as per standard drawing..
9. Finishing manholes i/c duct entry. 10. Numbering of manhole. 11. Expansion plug inside manholes. 12. PVC caps on open ends of additional layer of pipes. 13. Grouting wherever required for making watertight manholes.
81
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
14. Threaded Cable entry arrangement 280 mm length 9 mm thickness made of high impact polypropylene with necessary holding ABS entry plate as per drawing to be fixed in position before concreting of Manhole/Handhole started.
15. Pumping out of water from any source if required to keep dry conditions during all
operations. 16. Backfilling and compaction in layers.
17. Disposal of surplus earth/surplus material as directed by concerned authority.
18. Clearing of site. 19. Temporary reinstatement. 20. Tests regarding material and workmanship quality.
21. Any other activity required to carry out work as per drawing and specifications.
MEASUREMENT
This item will be measured in unit of each manhole/handhole Subjected to that item (13) & (7) is executed at appropriate state of work.
2.(A)&(B) EXTRA FOR MANHOLE AT ADDITIONAL DEPTH(DUE TO NECK).
In case manhole are to be constructed at additional depth than that supplied in specifications and drawings. Extra for this account over and above the item at 1 above shall be payable under this item and includes all activities to carry out the work.
Measurement
The additional depth shall be measured from the ground level. The depth as indicated in specification and drawings plus 100 mm shall be measured and paid in units of 200 mms or part thereof (i.e. 100 to 300 mm, 300 to 500 mm etc.). Obvious extra depth only shall be paid for i.e. extra depth inherent in the ground slope shall not be paid for.
2.(C) LESS FOR MANHOLE AT LESSER DEPTH(DUE TO NECK) The less depth shall be measured from the ground level. The depth as indicated in specification
and drawings minus 100 mm shall be included in the rate of item No.1. Lesser depth shall be measured and paid in units of 200 mm or part thereof (i.e. 100 to 300 mm and 300 to 500 m).
3. CONSTRUCTION OF DUCT
This item involves complete duct construction work including material as per technical specifications and drawings and includes all activities but not limited to the following:
1. Barricading and warning sign boards, display boards, reflectors etc. are to be provided
before excavation of trenches started and shall remain in position till be completion of the section of work in hand.
2. Pilot trenching at 15 meter interval.
3. Excavation including breaking of road surface, in all types of soils (except ordinary and hard rock) for a width sufficient to provide working space and depth as per relevant drawings as per configuration provided therein.
82
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
(i) 75mm lean concrete 1:5:10 (1 part cement : 5 part coarse sand : 10 part stone aggregate 40 mm nominal size) for leveling.
4. Form work for duct concrete. 5. Making duct formation with PVC pipes 110 mm dia joined with approved quality solvent
and encasing the same in M10 grade Ready Mix Concrete as directed by Engineer-in-Charge.
6. Providing and laying of ABS spacers at 2 metre interval as per configuration. 7. Backfilling and compaction in layers. 8. Disposal of surplus earth/surplus material as directed by concerned authority. 9. Pumping out of water from any source if required, to keep dry working conditions during all
operations. 10. Cleaning duct and placing P.P nylon ropes. 11. Protection of all existing services. 12. Arrangement for testing at manufacturer’s place or otherwise by QA/QC test house or as
specified in Note below item (3) of duct work. 13. Test regarding material and workmanship quality. 14. Any other activity required to carry out work as per drawing and specifications.
Measurement a) Inner face of jointing chamber to inside face of other jointing chamber connecting each
other. b) Inner face of jointing chamber upto which duct is laid. Clause no.21.3 of technical
specifications. 4(A), (B) & (C) EXTRA FOR DUCT CONSTRUCTION AT ADDITIONAL DEPTH
In case duct formation to be constructed at additional depth than that is specified in technical specifications and beyond the standard depth as per drawing extra on this account over and above the item at Sl.No.3 shall be payable under this item. Measurement The additional depth shall be measured from the ground level. The depth as indicated in specification and beyond the standard depth as per design plus 100 mm shall be included in the rate of item No.1 extra depth shall be measured and paid in units of 200 mm or part thereof (i.e. 100 to 300 mm to 500 mm etc.) Obvious extra depth only shall be paid for i.e. extra depth inherent in the depth slope shall not be paid for.
4(D) LESS FOR DUCT CONSTRUCTION AT LESS DEPTH
In case duct formation is to be construction at lesser depth than that specified in the specification and standard depth as per design reduction on these account over the item at the above shall be deductable under this item.
Measurement
83
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
The depth shall be measured from the ground level. The depth as indicated in specifications and standard depth as per design plus 100 mm shall be included in the rate of item no.11. Less depth shall be measured and deducted in units of 200 mm or part therefore (i.e. 100 to 300mm, 300 to 500 mm etc.)
5. EXTRA FOR FLOODING
Wherever telephone cables are encountered across/along duct manholes or handholes the flooding shall be done to check cable faults at the locations identified by Engineer-in-Charge.
This item shall include the following: 1. Carriage of water. 2. Construction of bunds. 3. Complete flooding of cables with water 15 cm. above the top of cable. 4. Maintaining the flooded water level for 30 minutes. 5. Dewatering if necessary after test. 6. Obtaining no fault report. Measurement Trench length actually flooded for testing shall be measured under this item. This item shall be payable in case no fault is noticed in cables during testing.
6. EXTRA FOR EXCAVATION IN HARD ROCK/SOFT/DISINTEGRATED ROCK FOR
MANHOLES/HANDHOLES.
If the site conditions require excavation in ordinary rock or hard rock, extra rate over item No.1 shall be payable.
Measurement
The measurement of rock so excavated shall be made by stack measurement after deducting 50% for voids. The volume of rock so payable shall be limited to the theoretical volume as per design.
7. EXTRA FOR EXCAVATION IN HARD/SOFT/DISINTEGRATED ROCK IN DUCT
CONSTRUCTION:
If the site conditions require excavation in soft/hard rock or disintegrated rock extra rate item no.3 shall be payable.
Measurement
The measurement of rock so excavated shall be made by stack measurement after deducting 50% for voids. The volume of rock so payable shall be limited to the theoretical volume as per design.
Measurement
The theoretical quantity of the concrete as substituted shall be payable.
84
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
8. PROVIDING AND LAYING 1:3:6 CEMENT CONCRETE
This item shall be paid when hand hole duct laid along with primary and secondary ducts is raised from its level to hand hole entry points or whenever required to complete the work as per contract including cost of formwork wherever required.
Measurement The actual quantity of concrete laid shall be payable against the item.
9. EXTRA/LESS RCC 1:1:5:3 OVER DRAWINGS
The addition/deduction shall be made on account of providing more/less quantity of RCC as compared to standard drawing including cost of formwork wherever required.
Measurement The difference between standard quality as per standard drawing and quantity executed shall be measured in this item.
10. EXTRA / LESS FOR REINFORCEMENT & STRUCTURAL STEEL.
The difference in the quantity between standard drawing and executed quantity shall be measured and adjusted.
11, 12,13,14,15,17 & 18 The items are to be as per CPWD specification Vol.I with upto date correction if any and payment also to be regularized as mentioned therein.
16. UPVC pipe which shall conform to IS specification No.12818 for casing pipe shall be measured
correct upto one cm including all operation.
For Ready Mixed Concrete
1. It is compulsory to use ready mix concrete for manholes and hand holes all
directions/specifications for R.C.C work shall applicable to R.M.C. except otherwise specified.
2. The tenderers should submit along with the tender a copy of letter of consent from the
approved R.M.C plant owner to the effect that he would be agreeable to do the R.M.C work for the said contract if the tenderer do not possess their own R.M.C plant
3. Ready mix concrete prepared and transported will be as per is 4026 of 1976 or the latest
I.S code.
4. No dry concrete mix shall be brought on site and water added three at
5. Ready mix Concrete will be brought to the site from R.M.C plant only by transit mixers(agitators).
6. Every transit mixer will carry delivery ticket, which will have minimum following details:-
a) Name of Manufacturer and depot b) Serial No. of Ticket
85
--------------------------------------------------------------------------------------------------------------------------------
__________________________________________________________________________________ CONTRACTOR MTNL
c) Date d) Truck No. e) Name of contractor to whom the R.M.C is being supplied. f) Location of contract g) Grade of concreter h) Specified workability i) Cement content and Grade of cement j) Time of loading k) Quality of concrete
7. When the truck arrives on site, the drum should always be speeded to about 10 to 15 rev/mm, for at least 3 minutes to make sure that the concrete is thoroughly mixed and uniform, before discharge.
8. The admixture used shall confirm to IS9103-1979 reaffirmed on 1990 or ASTMC – 494 of
92.
9. All taxes/duties etc. will be borne by the contractors and not by MTNL.
10. No extra payment will be made for use of admixtures.
11. It will be sole right of the Administration to allow or disallow the use of ready mixed concrete as also in specific works based on the site situation number of works, distance of plant from the site of work etc.
12. Payment shall be made as per actual measurement with respect to standard drawing for
the quantity of concrete use in cu .meter.
**********************************************
