Volume - I

Improvement of Chheda Nagar Junction, Ghatkopar (East), on Eastern Express Highway. Vol-I.
MUMBAI METROPOLITAN REGION DEVELOPMENT

AUTHORITY
IMPROVEMENT OF CHHEDA NAGAR JUNCTION,

GHATKOPAR(EAST) ON EASTERN EXPRESS HIGHWAY
BID DOCUMENT
VOLUME – I
NON VARIABLE
Bidder 00 MMRDA
MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY.
Name of Work: Improvement of Chheda nagar Junction, Ghatkopar (East), on Eastern Express
Highway.
INDEX
Section No. Particulars Page No.

/ Sr. No.
I INVITATION FOR BIDS (IFB) 2-7
II SECTION –II INSTRUCTIONS TO BIDDERS (ITB) 8-19
III SECTION-III BIDDING DATA (BDS) 20-24
IV SECTION-IV GENERAL CONDITIONS OF CONTRACTS (GCC) 25-25
V SECTION-V PARTICULAR CONDITIONS OF CONTRACT (PCC) 26-50
VI SECTION-VI APPENDIX TO TENDER 51-59
VII SECTION VII- FORMS OF SECURITY AND CONTRACT FORMS 60-68
This document is to be read in conjunction with Volume -II, Volume- III and Volume- IV
Bidder 01 MMRDA
SECTION I
INVITATION FOR BIDS (IFB)
MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY

(A.Government of Maharashtra undertaking)
Bandra-Kurla Complex, Bandra (E), Mumbai-400 051,
Tel. : 26590001/04 Fax. 91-022-26591264
Website: www.mmrda.maharashtra.gov.in
E-mail : chiefengineer2@mailmmrda.maharashtra.gov.in
DETAIL E –TENDER NOTICE
E Tender notice No. ED/CHN/246/2017
Digitally signed and unconditional online tenders are invited by Mumbai Metropolitan Region Development
Authority, Bandra (East), Mumbai – 400 051 based on contractor’s own design and Lump sum basis for the work
of Improvement of Chheda Nagar Junction, Ghatkopar (E), on Eastern Express Highway. from the
experienced contractors who are registered in appropriate category with the Government of India/ Maharashtra
and its undertakings and those who have carried out similar type of works. MMRDA now invites bids from eligible
contractors for the following project:.
Sr. Name of work Estimated cost of Bid Security Completion

No. work (Rs.) (Rs.) Period
1 2 3 4 5
1 Improvement of Chheda Nagar 227,47,20,000/- 2,27,47,200/- 36 months
Junction, Ghatkopar (E), on (including monsoon)
Eastern Express Highway.
The complete BID document can be viewed / downloaded from official portal of www.mmrda.maharashtra.gov.in
or e-procurement portal of MMRDA http://etendermmrda.maharashtra.gov.in from 13.10.2017 (10.00 hrs.) to
09.12.2017 (up to 17.00 hrs.). Bid must be submitted online at http://etendermmrda.maharashtra.gov.in from
13.10.2017 (10.00 hrs.) to 18.12.2017 (up to 13.00 hrs.).
Please note that the Authority reserves the right to accept or reject all or any of the BIDs without assigning any
reason whatsoever. The pre bid meeting will be held on 07.11.2017 at 15.00 hrs. in the office of, Chief Engineer,
M.M.R.D.A.
Date: 05/10/2017
Place: Mumbai Sd /-
Executive Engineer
Bidder 02 MMRDA
2. Online e-Tender Schedule
Sr. Tender Schedule Bidder Schedule Start Date & End Date
No. Time &Time
A. Tender Authorization and Publishing --------- 11.10.2017 12.10.2017
10.00 am. 06.00 pm
B. --------- Tender Document 13.10.2017 09.12.2017
Download 10.00 am. 05.00 pm.
C. --------- Bid Preparation and 13.10.2017 18.12.2017

Submission 10.00 am. 01.00 pm.
D. Tender Closing --------- 18.12.2017 19.12.2017

01.01 pm. 10.00 am.
E. --------- Online Control Transfer 19.12.2017 20.12.2017
of Bid 10.01 am. 06.00 pm
F. Opening Envelope A-Tender Fees, BID --------- 21.12.2017 21.12.2017

SECURITY 10.00 am. 06.00 pm
G. Opening Envelope B - Technical Bid --------- 21.12.2017 21.12.2017

10.00 am. 06.00 pm
H. Opening Envelope C - Financial Bid if --------- 28.12.2017 28.12.2017
Possible 10.00 am. 06.00 pm
Bidder should have valid appropriate class Digital Signature Certificate (DSC) obtained from any Certifying
Authorities. In case of requirement of DSC, tenderers should go to
https://etendermmrda.maharashtra.gov.in/files/mmrda/misc/Digital%20Certificate.rar and follow the
procedure mentioned in the document Procedure for application of Digital Certificate.
Bidders who are participating in e-tendering for the first time shall have to obtain User ID & password from
the abovementioned portal.
BID SECURITY Payment as mentioned above has to be made through RTGS / NEFT mode using the
System Generated Challan.
Bidders should ensure that the payment of the BID SECURITY is made at-least 3 working days prior to
the last date of Bid Preparation and Hash Submission of the Tender Schedule to have seamless
submission.
Bidders need to upload scanned copy of BID SECURITY paid receipt during bid preparation.
Bidders should mention the beneficiary details for BID SECURITY refund in the Bid Security Deposit
Form for fields marked as details required for Refund. MMRDA or e-Tendering Service Provider will not
be liable for delays caused in BID SECURITY refund due to incorrect beneficiary details.
The Bid Security deposit of unsuccessful bidders will be refunded through RTGS,NEFT mode only after
finalization of the tender for which the above refund details are required.
Bidders should also upload scanned copy of cancelled cheque along with refund letter for refund of their
BID SECURITY payment. Incase of successful bidder, amount of the Bid Security deposit may be
transferred towards part of the security deposit to be paid after the award of the work, if he intends to do
so in writing.
Bidders failing to complete the payment of BID SECURITY using the above mentioned process of RTGS
/ NEFT after downloading the system generated challans will not be able to submit their bids.
BID SECURITY Refund Account should remain active until tender is awarded.
Bidder 03 MMRDA
BID SECURITY Refund will happen only after awarding of tenders.
Tender Fee receipt must be uploaded during bid preparation by the tenderer.
The competent authority reserves the right to reject any or all of the tender Offers, without assigning any
reason thereof.
Tender Document and Supporting can be downloaded for reference purpose from the e- Tendering Portal
of MMRDA during the period mentioned in the tender notice. Interested Bidders have to make payment of
Rs.50,000/- (Rupees Fifty Thousand Only.) Inclusive of MVAT (non-refundable) as Tender Processing
Fees by mode of Electronic transfer.
The relevant details are as under:
Account title – Mumbai Metropolitan Region Development Fund

Account no. – 123105000435
IFSC code – ICIC0001231
Name of bank – ICICI Bank, MIG Branch
Tender Fee receipt must be uploaded during bid preparation by the tenderer.
Bid Security for this work will be Rs. 2,27,47,200/-.
Details of Bid Security:
Bid Security as mentioned in condition above against work should be paid by way of electronic transfer.
The relevant details are as under:
Account title – Mumbai Metropolitan Region Development Fund
Account no. – 123105000435
IFSC code – ICIC0001231
Name of bank – ICICI Bank, MIG Branch.
Eligibility Criteria:
The bidder should fulfill following qualification criteria:-

a. Achieved, in last three financial years ( 2014-15 , 2015-16 & 2016-17) average annual financial turnover
(in all classes of Civil Engineering construction works only) of not less than Rs. 57.00 Crores.
b. Completed in last Five financial years as a prime contractor appointed by State/Central Govt.
i. At least One work of ROB/Flyover/Bridge in urban area costing not less than Rs.182 crores
OR
ii. Two works of ROB/Flyover/Bridge costing each not less than Rs. 114 Crores
OR
iii. Three works of ROB/Flyover/Bridge costing each not less than Rs. 91 Crores.
Bidders need to upload scanned copy of BID SECURITY paid receipt during bid preparation. Tenders with
no Bid Security deposit shall be summarily rejected. The Bid Security of unsuccessful tenderers will be
refunded on application after intimation regarding rejection sent to him or on expiry of validity whichever is
earlier. In case of successful tenderer, amount of the Bid Security may be transferred towards part of the
security deposit to be paid after the award of the work. Contractor should upload scanned copy of solvency
certificate to the extent of 20% of the estimated cost at the time of bid submission & PAN Card etc.
Revision or Amendment in Tender Document:

The Competent Authority, may omit or suspend certain items of work, revise or amend the tender
document before online submission of tender. Such revisions or amendments or extension, if any, shall be
communicated to all concerned by email on above mentioned MMRDA official E-Tendering portal which
will be issued at least 7 days before the due date of receipt of tender.
Bidder 04 MMRDA
The bidder should visit the site prior to submission of tender and ascertain the local site conditions, working
restrictions, obstructions, conditions in the tender documents regarding necessary approvals, various
NOCs required for the work from local Authorities and shall quote the offer inclusive of all expenses likely
to be incurred while execution of the work. No claim or compensation for any extra payments incurred by
the bidders towards the approvals/NOCs/permissions will be entertained by MMRDA. The
Bidder/Contractor whose bid is rejected by MMRDA shall not be eligible for the work, which shall be
noted.
Joint Venture is not allowed.
The date of Prebid meeting is on 07.11.2017 at 15.00 hrs.
The tenders will be received online on above mentioned MMRDA official E-Tendering portal and will be
opened by Chief Engineer on scheduled date and time.
If there is any amendment in the tender the same shall be published on following MMRDA’s official e-
Tender portals / website:
MMRDA Portal: http://etendermmrda.maharashtra.gov.in
MMRDA Website: http://www.mmrda.maharashtra.gov.in
In case of any queries, Bidders may contact MMRDA’s e-tendering service desk at
etendersupport@mailmmrda.maharashtra.gov.in on any working day.
For any additional information & help for uploading & downloading the e-Tender, please contact MMRDA’s
e-tendering service desk at the following ID: etendersupport@mailmmrda.maharashtra.gov.in Phone No.
022-26595971.
Date : 05.10.2017
Place: Mumbai Sd/-
E Tender notice No. : ED/CHN/246/2017
Executive Engineer
Bidder 05 MMRDA
GUIDELINES FOR SUBMISSION OF e-TENDER
Tenderer shall follow the instruction on the portal for the submission of e- tender.
Tender shall be submitted online on the e-tendering portal in three electronic envelopes system within prescribed
schedule.
e-Envelope A
Tenderer shall upload scanned copies of the following:-
a) Receipt of e- tender fee.

b) Receipt of Bid Security Deposit.
e- Envelope B (Technical Bid)
Tenderer shall upload scanned copies of the following:-
a) Attested copy of valid certificate of registration as approved govt./semi govt. contractors in appropriate
category and class.
b) List of works executed by the agency during last Five financial years. (Form -I) and works in hand
(From-II).
c) Attested copy of work completion certificate of similar nature i.e. work of Flyovers/Bridges/ Civil viaduct of
Metro/ Mono rail and Roads excluding Subway/ Underpass (govt./semi govt.) issued by the officer in
government not below the rank of Executive Engineer, during last 5 financial years. The attestation shall
be done by a Notary / Charted Accountant
d) Attested copy of work contract Tax No. / certificate, Sales Tax registration No., Certificate.
e) Attested copy of Solvency Certificate from the Collector of the District resides or a banker’s certificate of
the contractor’s financial stability (20% of amount put to tender).
f) Detailed drawings and design of flyovers, Vehicular subway & Road pavements.
g) All documents as per Eligibility Criteria as mentioned in detail e- Tender Notice.
h) Details of Technical personal with the tender and also the details that will be posted exclusively for this
work, if awarded.
i) Attested copy of annual turn over certificate for the recent 5 (Five) financial years.
e-Envelope-C (Financial bid)
a) Tenderer shall quote his offer as a Lump sum form in Envelope –C. The Amount quoted by the tenderer
shall be calculated by the system.
b) Upload the digitally signed Tender Documents.
c) Upload Scanned copy of the financial offer as per Vol-.II, page No.61.
Procedure for Tender Opening
a) Contents of e- Envelope A will be scrutinized and only those tenderer who have fulfilled the requirements
shall be eligible for opening e-Envelope –B. Similarly, contents of e-Envelope –B will be scrutinized and
only those tenderer who have fulfilled the requirements shall be eligible for opening e-Envelope –C.
b) Tenderer may remain present in the office of the Tender opening authority at the time of opening of
financial bids. However, the results of the financial bids of all the bidders shall be available on the e-
tendering portal immediately after completion of the opening process.
Bidder 06 MMRDA
c) If there is any amendment in the tender the same shall be published on following MMRDA‟s official e-
Tender portals / website:
MMRDA portal:http://etendermmrda.maharashtra.gov.in
MMRDA Website:http://www.mmrda.maharashtra.gov.in
d) In case of any queries, Bidders may contact MMRDA e-Tendering service desk at
etendersupport@mailmmrda.maharashtra.gov.in on any working day.
Bidder 07 MMRDA
Section II - Instructions to Bidders (ITB)
A. General
1. Scope of Bid 1.1 The Employer, as defined in the Bidding Data and Appendix to Tender, hereinafter
“the Employer,” wishes to receive bids for the Design & Construction of Works, as
described in Sections I,II,III,IV,V,VI,VII and summarized in the Bidding Data,
hereinafter referred to as “the Works.”
1.2 The successful bidder will be expected to complete the Design & Construct the
flyovers, Vehicular, subway, Roads and its allied works within the period stated in
the Bidding Data and Appendix to Tender from the date of commencement of the
Works.
1.3 Throughout these bidding documents, the terms “bid” and “tender” and their
derivatives (“bidder /tenderer”, “bid /tender”, “bidding /tendering”, etc.) are
synonymous, and day means calendar day. Singular also means plural.
2. Source of
2.1 MMRDA
Funds
2.2 Assistance from External funding (World Bank /A D Bank) : Deleted
3. Eligible 3.1 This invitation to bid is open to any bidder meeting the following requirements:
Bidders
(a) A bidder shall not be affiliated with a Consultant.
(i) that has provided consulting services related to the Works to either the
Employer during the preparatory stages of the Works or of the Project of
which the Works form a part, or
(ii) that has been hired (or is proposed to be hired) by the Employer as
Engineer for the contract.
(b) A bidder shall not be under a declaration of ineligibility for corrupt or fraudulent
practices in accordance with Sub-Clause 44.1
(c) Bidder shall not be Blacklisted in any Govt./Semi Govt. organizations.
3.2 Bidders shall provide such evidence of their continued eligibility satisfactory to the
Employer as the Employer shall reasonably request
3.3 The second envelope clearly marked envelope-2 shall contain the bid volumes
financial bid,BOQ/schedule of varations,etc : Deleted.
4. Eligible 4.1 The materials, Plant or Contractor’s Equipment, other supplies, and services to be
Materials, supplied under the Contract, shall have their origin in India and all expenditures
Plant, made under the Contract will be limited to such materials, Plant or Contractor’s
Supplies, Equipment, other supplies, and services.
Equipment,
and Services 4.2 For purposes of Sub-Clause 4.1 above, “origin” means the place where the
materials, Plant, equipment, and other supplies are mined, grown, produced, or
manufactured, and from which the services are supplied.
5. Qualification 5.1 The Bidders shall, as part of their bid: :

of the Bidder
To be qualified for award of the Contract, bidders shall as part of their bid, furnish
the information to the Employer of their capability and adequacy of resources to
carry out the contract effectively. Bids shall include the following documentation
and information on the relevant Information Forms attached under qualification
information. The bidder as part of their bid shall submit
(i) copies of original documents defining the constitution or legal status, place of
registration and principal place of business; written power of attorney of the
signatory of the Bid to commit the bidder;
Bidder 08 MMRDA
(ii) total annual turnover in the civil works Construction business expressed as total of
payment certificates for work performed in each of the last five years;
(iii) performance as Contractor on works of a similar nature and complexity over the last
five years, and details of other works in hand and contractual commitments;
(iv) major items of Contractor’s Equipment proposed for carrying out the Contract;
(v) the qualifications and experience of key personnel proposed for administration and
execution of the Contract, both on and off site;
(vi) In no case the contractor will be permitted to sublet more than 40% (Fourty Percent)
of value of the work including those to specialized subcontractor. Prior approval of
the client shall be taken for the appointment of subcontractor.
(vii) detail proposals for subcontracting any highly specialized elements of the Works to name
specialist Subcontractors (for each, the qualification and experience of the identified
subcontractor in the relevant field should be annexed); and
(viii) reports on the financial standing of the bidder including profit and loss statements,
balance sheets and auditor’s reports for the past five years, and an estimated
financial projection for the next two years;
(ix) evidence of access to lines of credit and availability of other financial resources;
(x) authority to seek references from the bidder’s bankers;
(xi) In case of Joint Venture the required document shall be submitted as required :
Deleted
(xii) Information regarding any litigation or arbitration resulting from contracts executed
by the bidder in the last five years or currently under execution. The information
shall include the names of the parties concerned, the disputed amount, cause of
litigation, and matter in dispute; and
(xii) the proposed methodology and program of Design & Construction, Environmental
Management Plan (EMP), backed with equipment planning and deployment, duly
supported with broad calculations and quality control procedures proposed to be
adopted, justifying their capability of execution and completion of work as per
technical specifications within stipulated period of completion as per the target set in
Appendix to Tender and as per Employers requirement in Vol-II.
As a minimum, bidders shall upload the following information:
i. evidence of access to lines of credit and availability of other financial

resources;
ii. financial predictions for the current year and the two following years, including
the effect of known commitments;
iii. work commitments;
iv. current litigation information; and
v. availability of critical equipment.
5.2 Proposed list of Sub-contractor for the work :Deleted
The bidder should fulfill following qualification criteria:-

a. Achieved, in last three financial years ( 2014-15 , 2015-16 & 2016-17) average
annual financial turnover (in all classes of Civil Engineering construction works
only) of not less than Rs. 57.00 Crores.
b. Completed in last Five financial years as a prime contractor appointed by

State/Central Govt.
Bidder 09 MMRDA
i. At least One work of ROB/Flyover/Bridge in urban area costing not less than
Rs.182 crores
OR
ii. Two works of ROB/Flyover/Bridge costing each not less than Rs. 114 Crores
OR
iii. Three works of ROB/Flyover/Bridge costing each not less than Rs. 91 Crores.
5.4 Incase of Joint Venture the bids submitted by two or more firms shall comply with
requirement as mentioned in bidding data : Deleted
6. One Bid per 6.1 A firm shall submit only one bid in the same bidding process. No firm can be a
Bidder subcontractor while submitting a bid individually in the same bidding process. A
firm, if acting in the capacity of subcontractor in any bid, may participate in more
than one bid, but only in that capacity. A bidder who submits or participates in more
than one bid will cause all the proposals in which the bidder has participated to be
disqualified.
7. Cost of 7.1 The bidder shall bear all costs associated with the preparation and submission of its
Bidding bid, and the Employer will in no case be responsible or liable for those costs,
regardless of the conduct or outcome of the bidding process.
8. Site Visit 8.1 The bidder is advised to visit and examine the Site of Works and its surroundings
and obtain for itself on its own responsibility all information that may be necessary
for preparing the bid and entering into a contract for Design & Construction of the
Works. The costs of visiting the Site shall be at the bidder’s own expense.
8.2 The bidder and any of its personnel or agents will be granted permission by the
Employer to enter upon its premises and lands for the purpose of such visit, but only
upon the express condition that the bidder, its personnel, and agents will release and
indemnify the Employer and its personnel and agents from and against all liability in
respect thereof, and will be responsible for death or personal injury, loss of or
damage to property, and any other loss, damage, costs, and expenses incurred as a
result of the inspection.
8.3 The Employer may conduct a Site visit concurrently with the pre-bid meeting referred
to in Clause 19.
B. Bidding Documents
9. Content of 9.1 The Bid Document-Volume-I comprises the following sections and should be
Bidding read in conjunction with Volume II , Volume III and Volume IV of this Bid
Documents document: ) and any Addenda issued.
Section I. Invitation for Bids
Section II. Instructions to Bidders
Section III. Bidding Data.
Section IV. General Conditions of Contract
Section V. Part - 1 Particular Conditions of Contract
Part - 2 Special Conditions of Contract
Part – 3 Project Specific Conditions
Section VI. Form of Bid, Appendix to Tender, Schedule of Subcontractors,
Overdraft / Credit Facility / Bank Certificate, Qualification
Information
Section VII Forms of Security and Contract forms
10. Clarification of 10.1 A prospective bidder requiring any clarification of the bidding documents may
Bidding notify the Employer in writing or by cable (hereinafter, the term “cable” is
Documents deemed to include telex and facsimile) at the Employer’s address indicated in
the Bidding Data.
The Employer will respond to any request for clarification that is received till pre
bid meeting. Copies of the Employer’s response (CSD) and clarifications to
Bidder 010 MMRDA

bidders queries in pre bid meeting will be published on web e tender portal.
11. Amendment of 11.1 At any time prior to the deadline for submission of bids, the Employer may
Bidding amend the bidding documents by issuing Addenda.
Documents
11.2 Any Addendum thus issued shall be part of the bidding documents pursuant to
Sub-Clause 9.1 and shall be communicated in writing or by cable to all
purchasers of the bidding documents. Prospective bidders shall promptly
acknowledge receipt of each Addendum by cable to the Employer.
11.3 To give prospective bidders reasonable time in which to take an Addendum into
account in preparing their bids, the Employer shall extend as necessary the
deadline for submission of bids, in accordance with Clause 22.
C. Preparation of Bids
12. Language of Bid 12.1 The bid, and all correspondence and documents related to the bid exchanged by
the bidder and the Employer shall be written in the bid language stipulated in the
Bidding Data and Particular Conditions of Contract. Supporting documents and
printed literature furnished by the bidder may be in another language provided
they are accompanied by an accurate translation of the relevant passages in the
above stated language, in which case, for purposes of interpretation of the bid,
the translation shall prevail.
13. Documents 13.1 The bid submitted by the bidder shall comprise the following: duly filled-in Form
Comprising the of Bid and Appendix to Tender, Bid Security, Billing Schedule, and any
Bid information or other materials required to be completed and submitted by bidders
in accordance with these Instructions to Bidders. The documents listed under
Sections VI and VII shall be filled in without exception, subject to extensions
thereof in the same format and to the provisions of Sub-Clause 17.2 regarding
the alternative forms of bid security.
13.2 Clarification of Bids to assist the process of examinations evaluation and

comparison of bids, the employer may ask the bidder individually for clarification
if any of their bids, including breakdown of unit and price : Deleted
14. Bid Prices 14.1 Unless stated otherwise in the bidding documents, the Contract shall be for the
whole Works as described in Sub-Clause 1.1, based on the Bid Price indicated
in the Letter of Tender and Billing Schedule & Variations submitted by the
bidder.
14.2 In respect of work of flyovers, Vehicular Subway & Roadworks i.e. construction
of slip roads, services roads, Diversion road and allied works shall be in Lump-
sum offer. The bidder shall fill in Percentages for all items of the Works
described in the Billing Schedule. Items against which no Percentage is entered
by the bidder will not be paid for by the Employer when executed and shall be
deemed covered by the Percentages for other items and prices in the Billing
Schedule.
14.3 All duties, taxes, Royalty, cess and other levies payable by the Contractor under
the Contract, or for any other cause, as of the date 28 days prior to the deadline
for submission of bids, shall be included in the Billing Schedule and Variations
and the total Bid Price submitted by the bidder. The Bid Price (and the rates in
the Variation Schedule) shall be deemed to include payments for Royalty under
Minor Minerals Act as may be payable to the Revenue Department directly; and
these shall not be reimbursed by MMRDA. Further, expenses towards
registration of the agreement/ Stamp Duty shall be borne by the Contractor and
such expenses shall be included in the Bid Price to be quoted by the Bidder.
The lump sum offer quoted by the contractor shall be inclusive of cess as per
Construction Workers Welfare Cess Act 1996.
14.4 Unless otherwise provided in the Bidding Data and Particular Conditions of
Contract, the rates quoted by the bidder are subject to adjustment during the
performance of the Contract in accordance with the provisions of Clause 13 of
the Conditions of Contract.
Bidder 011 MMRDA

15. Currency of Bid 15.1 The currency of the bid shall be Indian National Rupees (INR).
and Payment
15.2
15.3 The SC shall specify which items of remuneration and reimbursable expenditure
shall be paid respectively in foreign and in local currency : Deleted
15.4
15.5
15.6
16. Bid Validity 16.1 Bids shall remain valid for the period stipulated in the Bidding Data after the
deadline for bid submission as specified in Clause 22.
16.2 In exceptional circumstances, prior to expiry of the original bid validity period, the
Employer may request that the bidders extend the period of validity for a
specified additional period. The request and the responses thereto shall be
made in writing or by cable. A bidder may refuse the request without forfeiting its
bid security. A bidder agreeing to the request will not be required or permitted to
modify its bid, but will be required to extend the validity of its bid security for the
period of the extension and in compliance with Clause 17 in all respects.
16.3 In the case of contracts in which the Contract Price is fixed (not subject to price
adjustment), if the period of bid validity is extended beyond eight weeks, the
amounts payable in local and foreign currency to the bidder selected for award
shall be increased by applying to both the local and the foreign currency
component of the payments, respectively, the factors specified in the Bidding
Data or in the request for extension, for the period of delay beyond eight weeks
after the expiry of the initial bid validity, up to the notification of award. Bid
evaluation will be based on the bid prices without taking into consideration the
above correction. Deleted.
17. Bid Security 17.1 The Bidder shall furnish as part of its bid, a bid security in the amount as shown
in the BDS. Bid security fee receipt must be uploaded during Bid preparation by
the tenderer.
17.2 The bid security :
a. as specified in BDS shall be paid by mode of electronic transfer ie NEFT/

RTGS/ Debit Card/ Credit Card/ Netbanking.
b. remain valid for a period of 28 days beyond the original validity period of bids, or
beyond any period of extension subsequently requested under Sub-Clause 16.2.
17.3 Bank guarantees issued as surety for the bid shall remain for 45 days beyond
validity of the bids : Deleted
17.4 Any bid not accompanied by an acceptable bid security shall be rejected by the
Employer as nonresponsive.
17.5 The bid securities of unsuccessful bidders will be returned as promptly as

possible, but not later than 28 days after the expiration of the original period, or
any subsequently extended period of bid validity or after successful bidder enters
into agreement.
17.6 The bid security of the successful bidder will be returned when the bidder has
signed the Agreement and furnished the required performance security.
17.7 The bid security may be forfeited

(a) if the bidder withdraws its bid, except as provided in Sub-Clause 24.2;
(b) if the bidder does not accept the correction of its Bid Price, pursuant to
Sub-Clause 29.2; or
Bidder 012 MMRDA

(c) in the case of a successful bidder, if he fails within the specified time limit
to
i) sign the Agreement, or
ii) furnish the required performance security.
18. Alternative As specified in the BDS, Bids shall be based on Employer’s Requirements and
Proposals by shall be Lumpsum Bids on Bidder’s designs for Flyover, Vehicular Subway and
Bidders Various slip & service road works.
19. Pre-Bid Meeting 19.1 The bidder’s designated representative is invited to attend a pre-bid meeting,
which, if convened, will take place at the venue and time stipulated in the Bidding
Data.
19.2 The purpose of the meeting will be to clarify issues and to answer questions on
any matter that may be raised at that stage.
19.3 The bidder is requested, as far as possible, to submit any questions in writing or
by cable, to reach the Employer not later than one week before the meeting. It
may not be practicable at the meeting to answer questions received late, but
questions and responses will be transmitted in accordance with the following
sub-clause.
19.4 Minutes of the meeting, including the text of the questions raised and the
responses given, together with any responses prepared after the meeting, will be
transmitted without delay to all purchasers of the bidding documents.Any
modification of the bidding documents listed in Sub-Clause 9.1 that may become
necessary as a result of the pre-bid meeting shall be made by the Employer
exclusively through the issue of an CSD pursuant to Clause 11 and not through
the minutes of the pre-bid meeting.
19.4 Non-attendance at the pre-bid meeting will not be a cause for disqualification of
a bidder.
20. Format and 20.1 The Bidder shall upload on website the documents comprising the bid as
Signing of Bid described in ITB .
The bid shall be digitally signed by a person duly authorized to sign on behalf of
the Bidder. This authorization shall consist of a written / through website
confirmation as specified in the BDS and shall be attached to the bid. The name
and position held by each person signing the authorization must be typed or
printed below the signature. All pages of the bid where entries or amendments
have been made shall be signed or initialed by the person signing the bid.
20.3 The bid shall contain no alterations or additions except those to comply with
instructions issued by the employer or as necessary to correct errors made by
the bidder in which case such corrections shall be initiated by the person signing
the bill: Deleted.
20.4 At the time of executing agreement the successful bidder shall sign all the pages
of Non-variable document (Volume-I) which will be made available by the
employer: Deleted.
D. Submission & Opening of Bids
21. Sealing and 21.1 The bid shall be submitted online on the e-tendering portal in three electronic
Marking of Bids envelop system within prescribed schedule. In addition to electronic
submission, Bidders who qualifies after opening of e Envelope A shall
submit the sealed hardbound booklet of e Envelope B. In case of
discrepancy between electronically submitted documents and hard submitted
documents, the electronically submitted documents shall be only be
considered valid.
21.2 e-Envelopes No. A shall contain the following documents

Subject to changes as indicated in BDS
a. Receipt of e-Bid Security
b. Receipt of e-Tender Fee
c. Certificate of registration as a contractor shall have valid Registration under
Bidder 013 MMRDA

appropriate class with the Government of Maharashtra or other State

Governments / Government of India, CPWD /NHAI, Government
undertakings and those who have carried out similar type / nature of work.
d. Bidder shall upload scan copies of the necessary documents in support of
qualification criteria mentioned in Sec III and in the forms given in Sec VI.
21.3 e-Envelope No. B shall contain the Technical Proposal.
a. Contractor’s designs, the necessary details of the Contractor’s proposals e.g.

drawings, technical proposal note, charts and other relevant details to describe the
proposal fully in line with Employer’s requirement & Bid Document.
b. Activities work schedule and proposed site organization (Form Qualification

Information in Section VI) to be filled by bidders and proposed month wise target of
work as per work plan and preliminary site organization chart, description of
relationship between head office and site management
c. Bid documents and the clarifications, Common Set of Deviations /Addenda issued,
if any, by MMRDA
21.40 The e- Envelope No. C shall contain the Financial Proposal.
i. The bidder shall quote his offer on lump sum in the form of financial bid as
prescribed in e-tendering system.
i. The Bidder shall upload billing schedule & schedule of variation
22. Deadline for 22.1 Bids must be received by the Employer online not later than the date and time
Submission of specified in the BDS. Bidders shall follow the electronic bid submission
Bids procedures specified in the BDS
22.2 The Employer may, in exceptional circumstances and at its discretion, extend the
deadline for submission of bids by issuing an Addendum in accordance with
Clause 11, in which case all rights and obligations of the Employer and the bidders
previously subject to the original deadline will thereafter be subject to the deadline
as extended.
23. Late Bids 23.1 Late Bids are not accepted by e portal.
24. Modification 24.1 Bidder may withdraw, substitute, or modify its bid after it has been submitted by
and Withdrawal sending a written notice, duly signed by an authorized representative, and shall
of Bids include a copy of the authorization in accordance with ITB,(except that
withdrawal notices do not require copies). The corresponding substitution or
modification of the bid must accompany the respective written notice. All notices
must be:
(a) Prepared and submitted in accordance with ITB .
(b) Received by the Employer prior to the deadline prescribed for submission of
bids, in accordance with ITB 20& 21.
24.2 Bids requested to be withdrawn in accordance with ITB 24.1 shall be returned
unopened to the Bidders.
24.3 No bid may be withdrawn, substituted, or modified in the Interval between the
deadline for submission of bids and the expiration of the period of bid validity
specified by the Bidder on the Letter of Bid or any extension thereof.
Bidder 014 MMRDA

E. Bid Opening and Evaluation.
25. Bid Opening 25.1 The bids will be opened in the presence of bidders / their authorized
representatives who choose to remain present at the date, time and place
stipulated in BDS.
25.2 The following procedure shall be adopted for opening of the bids. Initially,
information about number of bids received will be announced.
25.3 The e- Envelope Nos. A, B & C of all the bids will be opened alphabetically.
25.4 e-Envelope No. A of each bidder will be opened serially. Documents in the
envelope will be verified by the bid opening authority to check their validity as
per requirement. If any particular document of any bid is either missing or does
not meet the requirements specified, note to that effect will be made by the bid
opening authority. After opening of e-Envelope No. A, the Employer will carry
out the process of scrutiny and analysis of various documents / data submitted
in e-Envelope No. A to determine if the Bidder meets the eligibility and
qualification requirements set forth in Section III.
25.5 The e-Envelope No. B of all Bidders who fulfills requirements of e- Envelope No.
A will be opened serially. The technical designs and technical proposal
submitted in e-Envelope No. B will be scrutinized to ensure that the bidders
proposal confirms to the Employers Requirements.
25.6 After the analysis and scrutiny of documents and the evaluation of the technical
proposal of the Bidders, the Employer shall declare the outcome of scrutiny and
shall open financial bid (e- Envelope No. C) of the qualified bidders on
scheduled date. The e-Envelope No. C shall be opened only in respect of those
bidders whose technical proposal confirms to the Employers Requirements. The
lump-sum offer/ bid price quoted by each qualified bidder will be read out and
uploaded on website by bid opening authority for information of Bidders.
25.7 Opening of e-Envelope no. C shall not relieve the bidder from any of his
obligations stipulated in the bid documents. The technical proposal of the bidder
(who has qualified based on other requirements as above) would be subjected
to scrutiny to ensure that it meets the requirements of the Designs Criteria /
scope of work etc. If it is found that the technical proposal fails substantially to
meet the provisions in the bid documents, the bid shall be treated as non-
responsive and rejected. Wherever found wanting, clarification / additional
information may be sought from the bidder and the bidder may be requested to
modify his technical proposal to confirm to the requirements of the bidding
documents without changing the financial offer. The bid shall be treated as non-
responsive and rejected if the bidder fails to modify his proposal accordingly.
26. Confidentiality 26.1 Information relating to the evaluation of bids and recommendation of contract
award shall not be disclosed to Bidders or any other persons not officially
concerned with the bidding process until information on Contract award is
communicated to all Bidders in accordance with ITB 40.
26.2 Any attempt by a Bidder to influence the Employer in the evaluation of the bids
or Contract award decisions may result in the rejection of its bid.
26.3 Notwithstanding ITB 26.2, from the time of bid opening to the time of Contract
award, if a Bidder wishes to contact the Employer on any matter related to the
bidding process, it shall do so in writing.
27. Clarification of Bids 27.1 To assist in the examination, evaluation, and comparison of the bids, and
qualification of the Bidders, the Employer may, at its discretion, ask any
Bidder for a clarification of its bid, given a reasonable time for a response.
Any clarification submitted by a Bidder that is not in response to a request by
the Employer shall not be considered. The Employers request for clarification
and the response shall be in writing. No change, including any voluntary
Bidder 015 MMRDA

increase at its discretion, ask any Bidder for a clarification of its bid, given a
reasonable time for a response. Any clarification submitted by a Bidder that is
not in response to a request by the Employer shall not be considered. The
Employers request for clarification and the response shall be in writing. No
change, including any voluntary increase or decrease, in the prices or
substance of the bid shall be sought, offered, or permitted, except to confirm
the correction of arithmetic errors discovered by the Employer in the
evaluation of the bids, in accordance with ITB31.
27.2 If a Bidder does not provide clarifications of its bid by the date and time set in
the Employers request for clarification, its bid may be rejected
28. Deviations, 28.1 During the evaluation of bids, the following definitions apply:
Reservations, and
Omissions (a) Deviation is a departure from the requirements Specified in the Bidding
Documents;
(b) Reservation is the setting of limiting conditions or With holding from complete
acceptance of the requirements specified in the Bidding Documents; and
(c) Omission is the failure to submit part or all of the information or
documentation required in the Bidding Documents.
29. Determination of 29.1 The Employer’s determination of bid responsiveness is to be based on the
Responsiveness contents of the bid itself, as defined in ITB13.
29.2 A substantially responsive bid is one that meets the requirements of the
Bidding Documents without material deviation, reservation, or omission. A
material deviation, reservation, or omission is one that,
(a) if accepted, would:
(i) affect in any substantial way the scope, quality, or performance of the Works
specified in the Contract; or
(ii) limit in any substantial way, inconsistent with the Bidding Documents, the
Employer’s rights or the Bidders obligations under the proposed Contract.
(a) if rectified, would unfairly affect the competitive position of other Bidders
presenting substantially responsive bids.
29.3 The Employer shall examine the technical aspects of the bid submitted in
accordance with ITB 13, Technical Proposal, in particular, to confirm that
Employers Requirements have been met without any material deviation,
reservation or omission.
29.4 If a bid is not substantially responsive to the requirements of the Bidding
Documents, it shall be rejected by the Employer.
30. Non material Non 30.1 Provided that a bid is substantially responsive, the Employer May waive minor
conformities non-conformity in the Bid.
30.2 Provided that a bid is substantially responsive, the Employer may request that
the Bidder submit the necessary information or documentation, within a
reasonable period of time, to rectify non material non conformities in the bid
related to documentation requirements. Requesting information or
documentation on such nonconformities shall not be related to any aspect of
the price of the Bid. Failure of the Bidder to comply with the request may result
in the rejection of its Bid.
31.Correction of 31.1 Provided that the bid is substantially responsive, the Employer shall correct
Arithmetical Errors arithmetical errors on the following basis:
(a) if there is a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity, the unit price shall prevail
and the total price shall be corrected, unless in the opinion of the Employer
there is an obvious misplacement of the decimal point in the unit price, in
which case the total price as quoted shall govern and the unit price shall be
corrected;
Bidder 016 MMRDA

(b) if there is an error in all corresponding to the addition or subtraction of

subtotals, the subtotals shall prevail and the total shall be corrected; and
(c) if there is a discrepancy between words and figures, the amount in words
shall prevail, unless the amount expressed in words is related to an
arithmetic error, in which case the amount in figures shall prevail subject to
(a) and (b)above.
31.2 Bidders shall be requested to accept correction of arithmetical errors.
Failure to accept the correction in accordance with ITB 31.1 shall result in
the rejection of the Bid.
32. Conversion to 32.1 For evaluation and comparison purposes, the currency (ies) of the Bid shall be
Single Currency converted into a single currency as specified in the BDS.
33.Marginal Preference 33.1 Unless otherwise specified in the BDS, a margin of Preference for domestic
bidders shall not apply.
34. Subcontractors 34.1 Unless otherwise stated in the BDS, the Employer does not intend to execute
any specific elements of the Works by sub-contractors selected in advance by
the Employer.
34.2 Contractor shall not be required to obtain consent to suppliers of materials or
to a sub-contract for which the sub-contractor is named in the contract :
Delete
34.3 The Employer may permit subcontracting for certain specialized works as
indicated in Section III When subcontracting is permitted by the Employer, the
specialized sub-contractors experience shall not be considered for evaluation.
34.4 Bidders may propose subcontracting up to the percentage of total value of

contracts or the volume of works as specified in the ITB 5.1 (vi).
35. Evaluation of Bid 35.1 The Employer shall use the criteria and methodologies listed in this Clause.
No other evaluation criteria or methodologies shall be permitted.
35.2 To evaluate a bid, the Employer shall consider the following:
(a) the bid price in the form of Financial Bid;

(b) price adjustment for correction of arithmetic errors in accordance with ITB 31.1
( c) converting the amount resulting from applying (a) and (b) above, if relevant,
to a single currency in accordance with ITB32;
35.3 The estimated effect of the price adjustment provisions of the Conditions of
Contract, applied over the period of execution of the Contract, shall not be
taken into account in bid evaluation.
35.4 If the bid, which results in the lowest Evaluated Bid Price, is seriously
unbalanced or front loaded in the opinion of the Employer, the Employer may
require the Bidder to produce detailed price analysis to demonstrate the
internal consistency of those prices with the construction methods and
schedule proposed. After evaluation of the price analyses, taking into
consideration the schedule of estimated Contract payments, the Employer may
require that the amount of the performance security be increased at the
expense of the Bidder to a level sufficient to protect the Employer against
financial loss in the event of default of the successful Bidder under the
Contract.
36. Comparison of Bid 36.1 The Employer shall compare the evaluated prices of all substantially responsive
bids established in accordance with ITB 35.2 to determine the lowest evaluated
bid.
Bidder 017 MMRDA

37. Disqualification of 37.1 As a general rule, form of Financial Bid (Envelope No. C containing Volume-II)
the Bidder of only such bidders who qualify as stipulated in ITB shall be opened. Provided
however that bidders who otherwise qualify as aforesaid, shall be liable to be
disqualified if they have;
37.1.1 made misleading or false representations in any of the forms, statements and
attachments submitted in proof of the qualification requirements; or
37.1.2 a record of poor performance in respect of the works e.g. unsatisfactory

completion of contracts, inordinate delays in completion, bad quality of work,
litigation history or financial failures etc.
38. Employers 38.1 The Employer reserves the right to accept or reject any bid, and to annul the
Right to Accept Any bidding process and reject all bids at any time prior to contract award, without
Bid, and to Reject Any thereby incurring any liability to Bidders. In case of annulment, all bids
or All Bids submitted and specifically, bid securities, shall be promptly returned to the
Bidders.
F. Award of Contract
39. Award Criteria 39.1 Subject to ITB 38.1, the Employer shall award the Contract to the Bidder
is substantially responsive to the Bidding Documents, provided further
that the Bidder is determined to be qualified to perform the Contract
satisfactorily and whose Bid has been determined to be the lowest
evaluated bid.
40. Notification of Award 40.1 Prior to the expiration of the period of bid validity, the Employer shall
notify the successful Bidder, in writing, that its bid has been accepted.
The notification letter (hereinafter and in the Conditions of Contract and
Contract Forms called the Letter of Acceptance) shall specify the sum
that the Employer will pay the Contractor in consideration of the
execution and completion of the Works (hereinafter and in the Conditions
of Contract and Contract Forms called the Contract Price).
40.2 Until a formal contract is prepared and executed, the notification of

award shall constitute a binding Contract.
41.Signing of Contract 41.1 Promptly upon notification, and no later than twenty eight days of the
receipt of the notification of award from the Employer, the successful
Bidder shall sign and enter into a Contract Agreement in the format
stipulated after payment of Performance Security as per Clause42
below.
42.Performance Security 42.1 Within Fourteen (14 ) days (Subject to extension permitted by Chief
Engineer) of the receipt of letter of acceptance from the Employer, the
successful Bidder shall furnish the performance security in accordance
with the General Conditions of Contract.
42.2 Failure of the successful Bidder to submit the abovementioned
Performance Security or sign the Contract shall constitute sufficient
grounds for the annulment of the award and forfeiture of the bid security.
In that event the Employer may award the Contract to the next lowest
evaluated Bidder whose offer is substantially responsive and is
determined by the Employer to be qualified to perform the Contract
satisfactorily.
42.3 Additional Performance Security:
Additional Performance security to be paid by the selected bidder
towards unbalanced bid shall be calculated by following method.
a) 1% additional Performance Security towards unbalanced bid will be
due for the bids if the quoted percentage is up to and inclusive of 10%
below the cost put to tender.
If the bid offer is anything less than 10% below compared to the cost put
to tender, the cost of additional performance security towards bid will be
equal to 1% and additional 1% for every 1% below 10% in envelope C
Bidder 018 MMRDA

along with bid. For example, if the bid is 14% below, the additional
performance security of 1% plus (14-10)% equal to 5% shall be paid in
the form of Additional Bank Guarantee Bank Guarantee in addition to the
Bid Security.
43. Disputes Review 43.1 Procedure is set forth in Clause 20 of the Particular Conditions of
Method Contract.
44. Corrupt or Fraudulent 44.1 The MMRDA requires that bidders/suppliers/Contractors shall observe
Practices the highest standard of ethics during the procurement and execution of
such contracts. In pursuance of this policy, the MMRDA:
(a) defines, for the purposes of this provision, the terms set forth below as
follows:
(i) “corrupt practice” means the offering, giving, receiving, or soliciting

of anything of value to influence the action of a public official in the
procurement process or in contract execution; and
(ii) “fraudulent practice” means a misrepresentation of facts in order to

influence a procurement process or the execution of a contract to the
detriment of the MMRDA, and includes collusive practice among
bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the MMRDA
of the benefits of free and open competition;
(b) will reject a proposal for award if it determines that the bidder
recommended for award has engaged in corrupt or fraudulent practices
in competing for the contract in question;
(c) will declare a firm ineligible, either indefinitely or for a stated period of
time, to be awarded a contract if it at any time determines that the firm
has engaged in corrupt or fraudulent practices in competing for, or in
executing, a contract.
Bidder 019 MMRDA

SECTION III
BIDDING DATA (BDS)

The following specific for the works to be procured shall complement, amend or supplement the provisions in
instructions to Bidders. Whenever there is a conflict, the provision here in shall prevail over those in the
instructions to Bidder (ITB)
Clause Instructions to Bidders

Reference
1.1 Name and address of the Employer.
Mumbai Metropolitan Region Development Authority
Represented by
Metropolitan Commissioner
th
6 floor, Mumbai Metropolitan Region Development Authority
Bandra-Kurla Complex
Bandra (East) Mumbai-400 051.
1.1 Summary of the Works in Brief.
(FLYOVER WORKS)
PART-A: Design & construction of Flyover No. 1: “”A 3- lane flyover in direction from Sion
to Thane parallel to the existing Chhedanagar flyover”.
PART-B: Design & construction of Flyover No. 2: “A 2-Lane flyover in direction from
Mankhurd to Thane crossing the existing Chhedanagar flyover at level 2”.
PART-C: Design & construction of Flyover No. 3 : “A 2-Lane elevated arm from the existing
Chhedanagar flyover connecting SCLR up ramp along service road of E. E.
Highway”.
PART-D: Design & Construction of a 4-lane vehicular subway at Kamrajnagar across E.E.
Highway (at North of existing Garodia Nagar vehicular subway).
PART-E : ( ROAD WORKS)
a) Construction/Improvement of service road form Amar Mahal Junction upto the end
of existing Amarmahal flyover of E.E. Highway on the west.
b) Construction of Diversion Road on West Side of Service road upto Chhedanagar

Junction.
c) Construction/Improvement (Post Construction) of service road & side drains below

proposed Chhednagar –SCLR connector.
d) Construction of slip road in PQC from Amar Mahal Junction upto the end of existing
Amarmahal flyover of E.E. Highway on the west.
e) Improvement of service road & side drains on the west of E. E. Highway form end of
existing Amarmahal flyover upto Garodia Nagar Road.
f) Improvement of service road of E.E Highway on East side from Garodia Nagar
Road to Ramabai Nagar Road Junction.
g) Improvement (Pre Construction) of service road below proposed Chhednagar –

SCLR connector.
h) Improvement of Chheda nagar Junction in Mastic Asphalt.
Period of Completion: 36 months including monsoon.

1.2
2.1 Estimated Cost of the project: Rs :. 227,47,20,000/- .
Bidder 020 MMRDA

Sub-clause 5.3 Add to Sub Clause 5.3 as follows:

(addition)
4. The bidder should have following machinery in the name of the firm. Certified by the
Chartered Accountant
Identification No.
Sr. Particulars of Machinery Quantity (The identification Nos
No. shall either be Model
No & Capacity or
Chasis No. or Name
of manufacturer).
1. Batching Plant for concrete work 1 No.

(Computerized) 60 cum/hr.
2. Transit Mixers 8 Nos
3. Concrete Pump 2 Nos
4. Piling Machinery: Hydraulically operated 2 Nos

Drilling Machine
5. The Contractor shall submit proposals for timely acquisition (own ,Lease hire etc) of
the following essential Contractor’s Equipment with capacity. The contractor shall furnish
documentary evidence for the mentioned machineries. The copies of valid documents/
certificates shall be attested by a Notary / Charted Accountant.
Identification No.
Particulars of Machinery (The identification Nos
Sr. shall either be Model
Quantity No & Capacity or
No.
Chasis No. or Name
of manufacturer)
1. Dumpers 8 Nos
2. Cranes 100 tones & above 2 Nos
3. Needle vibratos 60/40/25 mm 14 Nos
4. Excavator JCBs 2 Nos
5. An Integrated vertical shaft stone crusher 1 Nos
6. Static Roller Tandem Type (10 Tonne) 2 Nos
7. Vibratory Roller Tandem Type 2 No.
8. Vibratory Roller for Earth work 4 No
9. Motor Grader 2 No
10. MT per hour capacity. (for Asphalt work) 1 No
11 Pug Mill /mixing plant for WMM 1 No
(min. 60 TPH)
12 Excavator Poclain 1 No
13 Electronic Sensor Paver 1 No
14 Precast concrete segments Gantry/Truss 1 No

Launcher
Bidder 021 MMRDA

Sub-Clause 5.5 Add new Sub Clause 5.5 as follows:

(addition)
The qualifications, capacity, and resources of proposed subcontractors will not be taken into
account in assessing those of individual or joint venture bidders, unless they are named
specialist subcontractors and the scope of their specialized participation in the works is
clearly defined in the bid.
Sub-Clause 5.6 Add new Sub Clause 5.6 as follows :

(addition)
Bidders who meet the minimum qualification criteria will be qualified only if their available bid
capacity is more than the total bid value. The available bid capacity will be calculated as
under:
Assessed Available Bid capacity = (A*N*2) - B
Where
A = Maximum value of Civil Engineering works executed in any one year during the last five
years (updated 2016-17 price level) taking into account the completed as well as works
in progress.
N = Number of years prescribed for completion of the works for which bids are invited.
*
B = Value, at 2016-17 price level , of existing commitments and on-going works to be
completed during the next 3.0 years.
Weigthage for updating cost shall be10% per annum cumulatively
Note: The statements showing the value of existing commitments and on – going works as
well as the stipulated period of completion remaining for each of the works listed should be
attested by a Notary /Gazetted Officer.
Sub-Clause 5.7 Add new Sub Clause 5.7 as follows

(addition)
Even though the bidders meet the above qualifying criteria, they are subject to be
disqualified if they have:
- made misleading or false representations in the forms, statements and attachments

submitted in proof or the qualification requirements; and/or
- record of poor performance such as abandoning the works, not properly completing the
contract, inordinate delays in completion, litigation history, or financial failures etc.,
and/or
- participated in the previous bidding for the same work and had quoted unreasonably
high bid prices and could not furnish rational justification to the employer.
Sub-Clause 10.1 Employer’s address is as follows :

Represented by
th
9 Floor, Mumbai Metropolitan Region Development Authority (MMRDA)
Bandra-Kurla Complex
Bandra (East)
Mumbai-400 051.
Sub-Clause 12.1 Bid Language – English
Sub-clause 15.2 Country of the Employer : INDIA

Sub-clause 16.1 Period of bid validity.
180 days from the date of opening of bid
Bidder 022 MMRDA

Sub-clause 17.1 Amount of bid security. Rs 2,27,47,200 /-. The Bid Security shall be paid by mode of
electronic transfer ie NEFT/RTGS/Debit Card/Credit Card/Netbanking.
Sub-clause 18 Alternative bids are not permitted. Bids shall be based on Employers
Requirements and shall be Lump sum Bids on Bidders designs.
Sub-clause 19.1 Venue, time, and date of the pre-bid meeting.

Office of Chief Engineer, Engineering Division
MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY,
th
5 floor, MMRDA Building, Bandra-Kurla complex,
Bandra (East),Mumbai–400051
Time15.00 hrs Date: 07.11.2017
Sub-clause 21.5 The written confirmation of authorization to sign on behalf of the

Bidder shall consist of:
(a) In case of Companies, a POA from the Director of the Company who has been
authorized by the Board of Directors through resolution to sign on behalf of the Company.
(b) In case of firms Power of Attorney by the Proprietors
Sub-clause Employer’s address for the purpose of bid submission.

21.6 (a)
Office of Chief Engineer, Engineering Division
th
5 Floor, MMRDA Building, Bandra-Kurla complex,
Bandra (East), Mumbai–400051
Tel: +95-22-26591240 / 26590001
Sub-clause 22.1 Bidders have to submit their bids on MMRDA’s website by e-tendering process. The bidder
shall have to submit a hard copy of documents uploaded in e-Envelope B
immediately after the e-Envelope A is opened. The documents shall be serially arranged
and indexed properly. A statement showing how each qualification criteria is satisfied by
bidder shall be attached in the beginning of documents. A reference to the page number
shall be clearly mentioned to the certificates/documents supporting each qualification
criteria. The documents so referred shall only be considered for evaluation and no other
document shall be considered.
Note: MMRDA reserves right to reject the tender not supported by statement showing
satisfaction of eligibility criteria as mentioned above.
Sub-clause 25.1 Venue, time, and date of bid opening.

Office of Chief Engineer.
th
5 Floor, MMRDA Building, Bandra-Kurla complex,
Bandra (East), Mumbai–400051.
Sub-clause 32.1 Conversion Currency is: INDIAN NATIONAL RUPEES (INR)
Sub-clause 42.3 Standard form of performance security provided in section VII and amount of performance
security at 2.50% of Contract value + additional performance Security for unbalance amount
of the offer i.e. for offer quoted less than 10% cost put to tender. The Additional
Performance Security in the form of Bank Guarantee should be valid up to 28 days
beyond Project Completion period.
Bidder 023 MMRDA

Conditions of Contract.
The Conditions of Contract comprise of two parts:
(a) Section IV: General Conditions of Contract.
(b) Section V: Comprising of:-
Part – 1: Particular Conditions of Contract.
Part – 2: Special Conditions of Contract.
Part – 3: Project Specific Conditions.
Bidder 024 MMRDA

Section IV
GENERAL CONDITIONS OF CONTRACT (GCC)
The General Conditions of Contract shall be those forming the
Conditions of Contract for Plant and Design Build First Edition, 1999 prepared by the Fédération
Internationale des Ingénieurs-Conseils (FIDIC).
These Conditions are subject to the variations and additions set out in Section V hereof comprising of “Particular
Conditions of Contract”,” Special Conditions of Contract” and “ Project Specific Conditions”
Copies of the FIDIC Conditions of Contract can be obtained from:
FIDIC Secretariat
P.O. Box 86
1000 Lausanne 12
Switzerland
Facsimile: 41 21 653 5432
Telephone: 41 21 653 5003
Bidder 025 MMRDA

Section V
PART- 1: PARTICULAR CONDITIONS OF CONTRACT (PCC)
The following Particular Conditions of Contract (PCC) shall supplement the General Conditions of Contract
(GCC). Whenever there is a conflict, the provisions herein shall prevail over those in the GCC.
Clause and Sub-Clause numbers refer to the Clauses and Sub-Clauses in the Section IV: GENERAL
CONDITIONS OF CONTRACTS
Sub-Clause 1.1 - Definitions
1.1.2.2: The Employer is:

Represented by
Mumbai Metropolitan Region Development Authority (MMRDA)
th
9 Floor,Bandra-Kurla Complex Bandra (East)
Mumbai-400 051.
Tel: +95-22-226591240 / 26590001
Fax: +95-22-26591264
1.1.2.4: The Engineer is:

The Chief Engineer, Engineering Division
Mumbai Metropolitan Region Development Authority (MMRDA)
th
5 floor,Bandra-Kurla Complex Bandra (East)
Mumbai-400 051.
Tel: +95-22-226591240 / 26590001
Fax: +95-22-26591264
Email : chiefengineer2@mailmmrda.maharashtra.gov.in
1.1.2..4: The Engineer’s Representative is:
To be appointed by the Engineer from time to time
1.1.2.9 “DAB”: The full text of this Sub-Clause is deleted
Definitions:
Add new Sub- Clause: 1.1.2 .11 after sub - clause 1.1.2.10:
i) ‘Engineer’s Representative’ shall mean a Project Management Consultant appointed or to be appointed

by the Employer from time to time.
ii) Month and Year and all dates shall be as per the Gregorian calendar and time referred to shall be Indian
Standard Time. (IST)
iii) A “Week” shall mean 7 consecutive days without regard to the number of hours worked in
any day in that week.
iv) “Urgent Works” shall mean any measures, which in the opinion of Engineer becomes necessary during
the progress of the work to obviate any risk or accident of failure or which becomes necessary for
security of the work or the persons working thereon.
Sub- Clause: 1.13 (b) Compliance with Laws (Delete the existing and Replace by)
The Contractor shall give all notices, pay all taxes, duties and fees, and obtain all permits, such as Permission
from Traffic Police, PWD, Local authorities, MCGM, Various Utility Agencies and, Environmental Agency etc,
licenses and approvals, as required by the Laws in relation to the execution and completion of the Works and the
remedying of any defects; and the Contractor shall indemnify and hold the Employer harmless against and from
the consequences of any failure to do so.
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Sub- Clause: 1.14 Joint and Several Liability – Deleted

Add new Sub- Clause: 1.15 -Inspection and Audit by Employer after sub-clause 1.14
The Contractor shall permit the Employer or the persons appointed by the Employer to inspect the site and /or
the Contractor’s accounts and records relating to the performance of the Contract and to have such accounts
audited by the Employer or the Auditors appointed by the Employer if required by the Employer.
Add new Sub-Clause 1.16 – Details to be confidential after sub-clause 1.15
The Contractor shall treat the details of the Contract as private and confidential, except to the extent necessary to
carry out obligations under it or as agreed with the Employer. The Contractor shall not publish, permit to be
published, or disclose any particulars of the Works in any trade or technical paper or elsewhere except with the
written consent of the Engineer and subject to such conditions as he may prescribe.
Sub Clause 2.1 (b) Right of Access to the Site:

Payment of any such cost plus reasonable profit which shall be included in the contract price- Deleted
Sub -Clause 2.4 Employer’s Financial Arrangements- Deleted.
Sub-Clause 3.1 – Engineer’s Duties and Authority
Add the following at the end of Sub-Clause 3.1

The Engineer’s duties and authority will in principle comprise the following:
(i) Approving Contractor’s GAD & designs.

(ii) Granting claims to the Contractor
(iii) Granting extensions of time to the Contractor
(iv) Ordering suspension of Work
(v) Instructing additional work and/or varying quantities of work included in the contract
under clause13 of the conditions of Contract, provided that no prior approval for any
such additional work or variation shall be necessary if the cumulative value of all such
variations and additional works does not exceed 5% of the Contract price stated in the
Letter of Acceptance.
(vi) Fixing rates for additional works and/or variations in items pursuant to clause 13 of the
particular Conditions of Contract; provided that no such prior approval for fixing the rates
aforesaid shall be necessary so long as the cumulative value of all such additional works
and variations does not exceed 10% of the Contract Price stated in the Letter of
Acceptance.
Notwithstanding anything contained in this sub-clause, it, in the opinion of the Engineer, an emergency occurs
affecting the safety of life or of the works or of adjoining property, he may, without relieving the Contractor of any
of his duties and responsibilities under the Contract, instruct the Contractor to execute all such work or to do all
such things as may, in the opinion of the Engineer, be necessary to abate or reduce the risk. The Contractor
shall forthwith comply, despite the absence of approval of the Employer, with any such instruction of the
Engineer.
The Engineer shall obtain the specific approval of the Employer before taking action under the-following Sub-
Clauses of these Conditions:
a. Sub-Clause 8.4: Agreeing or determining an extension of time and/or additional cost.

b. Clause 3.5
c. Sub-Clause 13.1: Instructing a Variation, except;
i) in an emergency situation as determined by the Engineer, or

ii) if such a Variation would increase the Accepted Contract Amount by less than the percentage
specified in the Appendix to Tender.
d. Sub-Clause 13.3: Approving a proposal for Variation submitted by the Contractor in accordance with Sub
Clause 13.1 or 13.2.
Notwithstanding the obligation, as set out above, to obtain approval, if, in the opinion of the Engineer, an
emergency occurs affecting the safety of life or of the Works or of adjoining property, he may, without relieving
the Contractor of any of his duties and responsibility under the Contract, instruct the Contractor to execute all
such work or to do all such things as may, in the opinion of the Engineer, be necessary to abate or reduce the
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risk. The Contractor shall forthwith comply, despite the absence of approval of the Employer, with any such
instruction of the Engineer. The Engineer shall determine an addition to the Contract Price, in respect of such
instruction, in accordance with Clause 13 and shall notify the Contractor accordingly, with a copy to the
Employer.
Add new Sub -Clause 3.1.1:- Duties and Authorities of Engineer’s Representative after Sub-Clause 3.1
Engineer’s Representative Duties and Authority will in principle comprise the following
i. Supervision of day to day work including quality and quantity

ii. To hold site review meetings
iii. Discussion with Contractor’s Design Consultant (sub Cl. 5.1)
iv. Approving Contractor’s design and General Arrangement Drawing (sub CL. 5.2)
v. To inspect the record of Contractor’s personnel and equipment (sub cl. 6.18)
vi. Determination of cost of test delayed by the Employer (sub Cl. 12.2)
vii. Certification, determination, instruction, opinion or evaluation of disputes (sub Cl. 20.2)
viii. Superintendence of work as directed by the Engineer from time to time till final Bill is paid, Defect
Notification Period is over and all disputes are settled.
ix. Approval to all temporary structure and foundation after finalizing the criteria in consultation with
geotechnical consultant and MMRDA expert.
Add new Sub-Clause 3.6 – Site Meetings after Sub- clause 3.5
The Engineer shall invite all parties concerned to the first Site Meeting where he shall decide upon the future
meetings. It is the duty of the Contractor or his Representative to participate in the Site Meetings. The purpose of
the Site Meetings is to coordinate the various work components with the Contractor, to review progress of the
work, to discuss site problems if any and remedial measures etc.
Sub- Clause 4.4 Subcontractors

Add at the end
The Contractor shall ensure that the requirements imposed on the Contractor by Sub-Clause 1.12 [Confidential
Details] apply equally to each Subcontractor. Where practicable, the Contractor shall give fair and reasonable
opportunity for Contractors from the Country to be appointed as Subcontractor.
Sub -Clause 4.5 Nominated Subcontractors (Delete the existing and Replace by)
In this Sub-Clause “nominated Subcontractor” means a Subcontractor whom the Engineer’s Representative
under Clause 13 [Variations and Adjustments], instructs the Contractor to employ as a Sub-Contractor. The
Contractor shall not be under any obligation to employ a nominated Sub-Contractor against whom the Contractor
raises reasonable objection by notice to the Engineer as soon as practicable, with supporting particulars.
Sub -Clause 4.7: Setting out (Delete the existing and Replace by)
The Contractor shall be responsible for:
a) the accurate setting- out of the Works in relation to original points, lines and levels of reference given by the
Engineer in writing,
b) the correctness, subject as above mentioned, of the position, levels dimensions and alignment of all parts of
the Works, and
c) the provisions of all necessary instruments, appliances and labour in connection with the foregoing
responsibilities.
If, at any time during the execution of the Works, any error appears in the position, levels, dimensions or
alignment of any part of the Works, the Contractor, on being required so to do by the Engineer, shall, at his own
cost, rectify such error to the satisfaction of the Engineer, unless such error is based on incorrect data supplied in
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writing by the Engineer, in which case the Engineer shall determine an addition to the Contract Price in
accordance with Clause 13.1 and shall notify the Contractor accordingly, with a copy to the Employer.
The checking of any setting- out or of any line or level by the Engineer shall not in any way relieve the Contractor
of his responsibility for the accuracy thereof and the Contractor shall carefully protect and preserve all bench-
marks, sight-rails, pegs and other things used in setting- out the Works. In addition to above the checking at all
the setting out of the proposed works relative to existing ground features to be undertaken prior to the
commencement of fabrication of structural steelworks for superstructures complete, including providing the
facility for the Engineer to undertake a timely check on this setting out and alerting the Engineer to any likely
problems foreseen.
The Contractor shall give to the Engineer not less than 48 hours of notice of his intention to setout or give layout
for any part of the works so that timely assignment can be made for checking the same.
Sub-Clause 4.8 – Safety Procedures
Add at the end

The Contractor shall have in his staff at the Site, a Safety Expert dealing only with issues regarding the safety
and protection against accidents of all staff and labour. This officer shall be qualified for this work and shall have
the authority to issue instructions and shall take protective measures to prevent accidents. Contractor has to
mandatorily comply with instructions of safety audits during construction stage and in construction design and at
the time of handing over.
Sub- Clause 4.10: Site Data
Add at the end

Boring : Its location and depth
The foundation strata indicated on the department drawing supplied with the bid Document is indicative only. The
Contractor’s lump sum Price / Bid price shall include cost of taking one bore at each of the foundation
location as per technical proposal of the Contractor. The Contractor shall be responsible for preserving the
samples and testing the samples to justify the assumptions made in the design at his own costs. The boring shall
extend to a depth of 5.0 metres in soft rock strata or 3.00 metres in hard rock strata whichever is struck earlier.
The boring shall extend minimum 3.00 metres below proposed foundation if the geological formations suggest
rapid changes in the strata.
Add new Sub- Clause 4.11.1 -Sufficiency of bid after Sub- Clause 4.11
The Contractor shall be deemed to have satisfied himself as to the correctness and sufficiency of the bid and of
lump sum price and Lumpsum for part work or of the rates or prices stated in the Schedule of Variations, all of
which shall, except in so far as it is otherwise provided in the contract, cover all this obligations under the contract
(including those in respect of the supply of goods, materials, plant or services or contingencies for which there is
a provisional sum) and all matters and things necessary for the proper execution and completion of the work and
remedying of any defects therein.
Sub- Clause 4.17: Contractor’s Equipment

Add at the end
All Contractor’s Equipment, Temporary works and materials owned by the Contractor, or by any company in
which the Contractor has a controlling interest, shall, when on the site, be deemed to be the property of the
Employer. Provided always that the vesting of such property to the Employer shall not prejudice the right of the
Contractor to the sole use of the said Contractor’s Equipment, Temporary works and materials for the purpose of
the works shall not affect the Contractor’s responsibility to operate and maintain the same under the provision of
the contract.
Sub- Clause 4.18: Protection of the Environment

Add at the end
The Contractor shall, throughout the execution and completion of the works and the remedying of any defects
therein take all reasonable steps to protect the environment on and off the Site and to avoid damage or nuisance
to persons or to property of the public or others resulting from pollution, noise or other causes as a consequence
of his methods of operation.
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Sub-Clause 4.19: Electricity, Water and Gas (Delete the existing and Replace by)
The contractor shall obtain his own supply of water, electricity, fuel etc. required at his own cost in connection of
the work. The employer will grant effective assistance in obtaining such supplies from the authorities concerned
by way of recommendations.
Sub-Clause 4.20: Employer’s Equipment and Free Issue Material (Delete the existing and Replace by)
The contractor shall arrange his own machinery, equipment and material required for the work. Employer shall
not provide contractor any machinery, equipment & material.
Sub -Clause 5.1 General Design Obligations (Delete the existing and Replace by)
The Contractor shall carry out, and be responsible for, the design of the Works. Design shall be prepared by
qualified designers who are Engineer or other professionals who comply with the criteria (if any) stated in the
Employer’s Requirements. Unless otherwise stated in the Contract, the Contractor shall submit to the Engineer
for consent the name and particulars of each proposed designer and design Consultant.
The Contractor warrants that he, his design consultant have the experience and capability necessary for the
design. The Contractor undertakes that the designers shall be available to attend discussions with the Engineer’s
Representative at all reasonable times, until the expiry date of the relevant Defects Notification Period.
Upon receiving notice under Sub-Clause 8.1 [Commencement of Works], the Contractor shall scrutinize
the Employer’s Requirements (including design criteria and calculations, if any) and the items of reference
mentioned in Sub-Clause 4.7 [Setting Out]. Within the period stated in the Appendix to Tender, calculated from
the Commencement Date, the Contractor shall give notice to the Engineer for any error, fault or other defect
found in the Employer’s Requirements or these items of reference.
After receiving this notice, the Engineer shall determine whether Clause 13 [Variations and Adjustments]
shall be applied, and shall give notice to the Contractor, accordingly. If and to the extent that (taking account of
cost and time) an experienced Contractor exercising due care would have discovered the error, fault or other
defect when examining the Site and the Employer’s Requirements before submitting the Tender, the Time for
completion shall not be extended and the Contract Price shall not be adjusted.
Sub- Clause 5.2 Contractor’s Documents: (Delete the existing and Replace by)
The Contractor’s Documents shall comprise the technical documents specified in the Employer’s Requirements,
documents required to satisfy all regulatory approvals, and the documents described in Sub-Clause 5.6 [As-Built
Documents] and Sub Clause 5.7 [Operation and Maintenance Manuals for the works]. Unless otherwise stated
in the Employer’s Requirements, the Contractor’s documents shall be written in the language for communication
defined in Sub-clause 1.4 [Law and Language].
The Contractor shall prepare all Contractors’ Documents, and shall also prepare any other documents necessary
to instruct the Contractor’s Personnel. The Employer’s Personnel shall have the right to inspect the preparation
of all these documents, wherever they are being prepared.
If the Employer’s Requirements describe the Contractor’s documents which are to be submitted to the Engineer’s
Representative for review and/or for approval, they shall be submitted accordingly, together with a notice as
described below. In the following provisions of this Sub-Clause, (i) “review period”, means the period required
by the Engineer’s Representative for review and (if so specified) for approval, and (ii) “Contractor’s Documents”
exclude any documents which are not specified as being required to be submitted for review and/or for approval.
Unless otherwise stated in the Employer’s Requirements, each review period shall not exceed 21 days,
calculated from the date on which the Engineer’s Representative receives a Contractor’s Document and the
Contractor’s notice. This notice shall state that the Contractor’s document is considered ready, both for review
(and approval, if so specified) in accordance with this sub-clause and for use. The notice shall also state that the
Contractor’s document complies with the Contract, or the extent to which it does not comply.
The Engineer’s Representative may, within the review period, give notice to the Contractor that a Contractor’s
Document fails (to the extent stated) to comply with the Contract. If a Contractor’s document so fails to comply, it
shall be rectified, resubmitted and reviewed (and, if specified, approved) in accordance with this Sub-Clause, at
the Contractor’s cost.
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For each part of the Works, and except to the extent that the prior approval or consent of the Engineer’s
Representative shall have been obtained.
(a) in the case of a Contractor’s Document which has (as specified) been submitted for Engineer’s
Representative’s approval:
(i) the Engineer’s Representative shall give notice to the Contractor that the Contractor’s Document
is approved, with or without comments, or that it fails (to the extent stated) to comply with the
Contract’
(ii) execution of such part of the works shall not commence until the Engineer’s Representative has
approved the Contractor’s Document; and
(iii) the Engineer’s Representative shall be deemed to have approved the Contractor’s Document
upon the expiry of the review periods for all the Contractor’s Documents which are relevant to
the design and execution of such part, unless the Engineer’s Representative has previously
notified otherwise in accordance with sub-paragraph (i)
(b) execution of such part of the works shall not commence prior to the expiry of the review periods for all
the Contractor’s Documents which are relevant to its design and execution.
(c) execution of such part of the works shall be in accordance with these reviewed (and, if specified,
approved) Contractor’s Documents; and
(d) if the Contractor wishes to modify any design or document which has previously been submitted for
review (and, if specified, approval), the Contractor shall immediately give notice to the Engineer’s
Representative,. Thereafter, the Contractor shall submit revised documents to the Engineer’s
Representative in accordance with the above procedure.
If the Engineer’s Representative instructs that further Contractor’s Documents are required, Contractor shall
prepare them promptly .Any such approval or consent, or any review (under this sub-clause or otherwise), shall
not relieve the Contractor from any obligation or responsibility.
Sub -Clause 5.3 Contractor’s undertaking (Delete the existing and Replace by)
The Contractor undertakes that the design, the Contractor’s documents, the execution and the completed works
will be in accordance with:
(a) the Employers Requirements, and

(b) the documents forming the Contract, as altered or modified by Variations
Sub- Clause 5.4 Technical Standards and Regulations (Delete the existing and Replace by)
The design, the Contractor’s documents, the execution and the completed works shall comply with the
Employers Requirements, technical standards, building, Design & Construction, environmental Laws and Laws
applicable to the product being produced from the works, and other standards specified in the Employer’s
Requirements, applicable to the works, or defined by the applicable Laws.
All these Laws shall, in respect of the Works and each section, be those prevailing when the works or section are
taken over by the Employer under clause 10 [Employer’s Taking Over]. References in the Contract to published
standards shall be understood to be references to the edition applicable on the Base Date, unless stated
otherwise.
If changed or new applicable standards come into force in the country after the Base Date, the Contractor shall
give notice to the Engineer’s Representative and (if appropriate) submit proposals for compliance. In the event
that:
(a) the Engineer’s Representative determines that compliance is required, and
(b) the proposals for compliance constitute a variation.
Then the Engineer’s Representative shall initiate a Variation in accordance with Clause 13 [Variations and
Adjustments].
Sub -Clause 5.5 Training -Deleted
Sub -Clause 5.6 As Built Documents: (Delete the existing and Replace by)
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The Contractor shall prepare, and keep up-to-date, a complete set of “as-built” records of the execution of the
Works, showing the exact as built locations, sizes and details of the works as executed. These records shall be
kept on the site and shall be used exclusively for the purposes of this Sub-Clause. One soft copy and two hard
copies shall be supplied to the Engineer’s Representative prior to the commencement of the Tests on
completion.
In addition, the Contractor shall supply to the Engineer’s Representative as-built drawings of the works, showing
all works as executed, and submit them to the Engineer’s Representative for review under sub-clause 5.2
[Contractor’s Documents]. The Contractor shall obtain the consent of the Engineer’s Representative as to their
size, the referencing system, and other relevant details.
Prior to the issue of any Taking-Over Certificate, the Contractor shall supply to the Engineer’s Representative the
specified numbers and types of copies of the relevant as-built drawings, in accordance with the Employer’s
Requirements. The works shall not be considered to be completed for the purposes of taking over under Sub-
clause 10.1 [Taking Over of the works and Sections] until the Engineer’s Representative has received these
documents.
Sub -Clause 5.7 Operation and Maintenance Manuals (Delete the existing and Replace by)
Prior to commencement of the Tests on Completion, the Contractor shall supply to the Engineer’s
Representative provisional operation and maintenance manuals sufficient detail for the Employer to operate,
maintain, dismantle, reassemble, adjust and repair the works. The works shall not be considered to be completed
for the purposes of taking over under sub-clause 10.1 [Taking Over of the Works and Sections] until the Engineer
in charge’s Representative has received final operation and maintenance manuals in such detail, and any other
manuals specified in the Employer’s Requirements for these purposes.
Sub-Clause 6.2 – Rates of Wages and Conditions of Labour (Delete the existing and Replace by)
The Contractor shall in respect of his employees in (Country) pay rates of wages, observe hours of labour, and
provide service conditions, amenities and facilities not less favorable than those required by the law, fixed by the
appropriate wage fixing authority and generally recognized by other employers in the district, whose general
circumstances in the trade or industry in which the Contractor is engaged, are similar.
The Contractor shall ensure that no child labour or the age of the end of compulsory schooling in that area,
whichever is higher, is engaged by him or any of his Subcontractors. In the course of the Works, respect shall be
ensured of the rights of freedom of association, right to freedom from forced labour, right to freedom from
discrimination on the basis of race, colour, sex, religion, political opinion and the social origin as these principles
are defined in the relevant Conventions of the national laws.
Sub-Clause 6.3 –Persons in the Service of Employers (Delete the existing and Replace by)
The Contractor shall not recruit or attempt to recruit his staff and labour from amongst persons in the service of
the Employer, or the Engineer’s Representative.
Sub-Clause 6.6 – Facilities for Staff and Labour

Delete the first paragraph and replace by:
Except as otherwise stated in the Employer’s Requirements, the Contractor shall provide and maintain such
accommodation and amenities as he may consider necessary for all his staff and labour, employed for the
purposes of or in connection with the Contract, inducing all fencing, water supply (both for drinking and other
purposes), electricity supply, sanitation, cook houses, fire prevention and fire-fighting equipment, air conditioning,
cookers, refrigerators, furniture and other requirements in connection with such accommodation or amenities. On
completion of the Contract, unless otherwise agreed with the Employer, the temporary camps/housing provided
by the Contractor shall be removed and the site reinstated to its original condition, all to the approval of the
Engineer’s Representative. The Contractor shall also provide facilities for the Employer’s Personnel as stated in
the Employer’s Requirements.
Sub-Clause 6.7 – Health and Safety
Add at the end

HIV-AIDS Prevention. The Contractor shall conduct an HIV-AIDS awareness programme via an approved service
provider, and shall undertake such other measures as are specified in this Contract to reduce the risk of the
transfer of the HIV virus between and among the Contractor’s Personnel and the local community, to promote
early diagnosis and to assist affected individuals.
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Sub-Clause 6.8 – Contractor’s Superintendence
Add at the end

The Contractor’s key staff shall be approved by the Employer before starting working on site. The Employer may
require to interview and test the proposed staff before approval
Sub-Clause 6.10 – Records of Contractor’s Personnel and Equipment
Add at the end

a) Project Manager shall have 20 years experience in works of a comparable nature and complexity,
including not less than five years as Project Manager
b) The Contractor shall maintain such records and make such reports concerning to safety, health and
welfare of persons and damage to property.
c) The Contractor shall report to the Engineer’s Representative details of any accident as soon as possible
after its occurrence. In the case of any fatality or serious accident, the Contractor shall, in addition, notify
the Engineer’s Representative immediately by the quickest available means.
d) Implementation of Labour Welfare Provisions to Contractor’s Personnel :During continuance of the

contract, the Contractor and his Subcontractors shall abide at all times by all existing labour enactments
and rules made there under, regulations, notifications and bye laws of State or Central Government or
local authority and any other labour law (including rules), regulations, bye laws that may be passed or
notification that may be issued under any labour law in future either by the State or the Central
Government or the local authority. Salient features of some of the major labour laws that are applicable
to Design & Construction industry are given below. The Contractor shall keep the Employer indemnified
in case any action is taken against the Employer by the competent authority on account of contravention
of any of the provisions of any Act or rules made there under, regulations or notifications including
amendments. If the Employer is caused to pay or reimburse, such amounts as may be necessary to
cause or observe, or for non-observance of the provisions stipulated in the notifications/bye
laws/acts/rules/regulations including amendments, if any, on the part of the Contractor, the Engineer’s
Representative/Employer shall also have right to recover from the Contractor any sum required or
estimated to be required for making good the loss or damage suffered by the Employer. The employees
of the Contractor and the sub-contractor in no case shall be treated as the employees of the Employer at
any point of time.
SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE TO ESTABLISHMENTS ENGAGED

IN BUILDING AND OTHER CONSTRUCTION WORK
(i) Workmen Compensation Act 1923

The Act provides for compensation in case of injury by accident arising out of and during the course of
employment.
(ii) Payment Of Gratuity Act 1972

Gratuity is payable to an employee under the Act on satisfaction of certain conditions on separation if an
employee has completed 5 years service or more or on death at the rate of 15 days wages for every completed
year of service. The Act is applicable to all establishments employing 10 or more employees.
(iii) Employees PF and Miscellaneous Provision Act 1952
The Act provides for monthly contributions by the employer plus workers @ 12% .The benefits payable under
the Act are:
Pension or family pension on retirement or death as the case may be.

Deposit linked insurance on the death in harness of the worker.
Payment of PF accumulation on retirement/death etc.
(iv) Maternity Benefit Act 1951
The Act provides for leave and some other benefits to women employees in case of confinement or miscarriage
etc.
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(v) Contract Labour (Regulation and Abolition) Act 1970

The Act provides for certain welfare measures to be provided by the Contractor to contract labour and in case
the Contractor fails to provide, the same are required to be provided by the Principal Employer by Law. The
principal employer is required to take Certificate of Registration and the Contractor is required to take a License
from the designated Officer. The Act is applicable to the establishments or Contractor of principle employer if
they employ 20 or more contract labour.
(vi) Minimum Wages Act 1948

The employer is supposed to pay not less than the Minimum Wages fixed by appropriate Government as per
provisions of the act if the employment is a scheduled employment. Construction of Buildings, Roads, and
Runways are scheduled employments.
(vii) Payment of Wages Act 1936

It lays down as to by what date the wages are to be paid, when it will be paid and what deductions can be
made from the wages of the workers.
(viii) Equal Remuneration Act 1979

The Act provides for payment of equal wages for work of equal nature to Male and Female workers and not for
making discrimination against Female employees in the matters of transfers, training and promotions etc.
(ix) Payment of Bonus Act 1965

The Act is applicable to all establishments employing 20 or more workmen. The Act provides for payment of
annual bonus subject to a minimum of 8.33% of wages and maximum of 20% of wages to employees drawing
Rs.3, 500/- P.M. or less. The bonus to be paid to employees getting Rs.2, 500/- PM or above upto Rs.
3,500/- PM shall be worked out by taking wages as Rs. 2,500/- p.m. only. The Act does not apply to certain
establishments. The newly set up establishments are exempted for five years in certain circumstances. Some
of the State Governments have reduced the employment size from 20 to 10 for the purpose of applicability of
the Act.
(x) Industrial Disputes Act 1947

The Act lays down the machinery and procedure for resolution of industrial disputes, in what situations a strike
or lock-out becomes illegal and what are the requirements for laying off or retrenching the employees or closing
down the establishment.
(xi) Industrial Employment (standing orders) Act 1946

It is applicable to all establishments employing 100 or more workmen (employment size reduced by some of
the States and Central Government to 50). The Act provides for laying down rules governing the conditions of
employment by the employer on matters provided in the Act and get the same certified by the designated
Authority.
(xii) Trade Unions Act 1928

The Act lays down the procedure for registration of trade unions of workmen and employers. The trade unions
registered under the Act have been given certain immunities from civil and criminal liabilities.
(xiii) Child Labour (Prohibition and Regulation) Act 1986

The Act prohibits employment of children labour in certain occupations and processes and provides for
regulation of employment of children in all other occupations and processes. Employment of child labour is
prohibited in Building and Construction Industry.
(xiv) Inter-State Migrant Workmen’s (Regulation of Employment and Conditions of Service) Act 1979
The Act is applicable to an establishment which employees 5 or more inter-state migrant workmen through an
intermediary (who has recruited workmen in one state for employment in the establishment situated in another
state). The inter-state migrant workmen, in an establishment to which this Act becomes applicable, are
required to be provided certain facilities such as housing, medical aid, recognize expenses from home upto the
establishment and back, etc.
(xv) The Building and other Construction Workers (Regulation of Employment and Conditions of
Service) Act 1996 and the Cess Act 1996
All the establishments who carry on any building or other construction work and employs 10 or more workers
are covered under this Act. All such establishments are required to pay cess at rate not exceeding 2% of the
cost of construction as may be notified by the Government. The employer of the establishment is required to
provide safety measures at the Building or Construction work and other welfare measures, such as Canteens,
First-aid facilities, Ambulance, Housing accommodation for Workers near the workplace etc. The employer to
whom the Act applies has to obtain a registration certificate from the Registering Officer appointed by the
Government.
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(xvi) The Factories Act 1948

The Act lays down the procedure for approval of plans before setting up a factory, health and safety provisions,
welfare provisions, working hours, annual earned leave and rendering information regarding accidents or
dangerous occurrences to designated authorities. It is applicable to premises employing 10 persons or more
with aid of power or 20 or more persons without the aid of power engaged in manufacturing process.
Add new Sub-Clause 6.12 – Supply of Water after Sub-Clause 6.11
The Contractor shall, so far as is reasonably practicable, having regard to local conditions, provide on the Site
an adequate supply of drinking and other water for the use of his staff and labour.
Add new Sub-Clause 6.13 –Measures against Insect and Pest Nuisance after Sub-Clause 6.12
The Contractor shall at all times take the necessary precautions to protect all staff and labour employed on the
site from insect nuisance, rats and other pests and reduce the dangers to health and the general nuisance
occasioned by the same. The Contractor shall provide his staff and labour with suitable prophylactics for the
prevention of malaria and take steps to prevent the formation of stagnant pools of water. He shall comply with all
the regulations of the local health authorities in these respects and shall in particular arrange to spray thoroughly
with approved insecticide all buildings erected on the Site. Such treatment shall be carried out at least once a
year or as instructed by the Engineer’s Representative. The Contractor shall warn his staff and labour of the
dangers of malaria and wild animals
Add new Sub-Clause 6.14 – Festivals and Religious Customs after Sub-Clause 6.13
The Contractor shall respect the Country’s recognized festivals, days of rest and religious or other customs.
The Contractor shall in all dealings with his staff and labour have due regard to all recognized festivals, days of
rest and religious or other customs.
Add new Sub-clause 6.15 Prohibition of Harmful Child Labour after Sub-Clause 6.14
The Contractor shall not employ any child to perform any work.
Add new Sub-clause 6.16 Employment Records of Workers after Sub-Clause 6.15
The Contractor shall keep complete and accurate records of the employment of labour at the Site. The records
shall include the names, ages, genders, hours worked and wages paid to all workers. These records shall be
summarized on a monthly basis and shall be available for inspection by the Engineer’s Representative during
normal working hours. These records shall be included in the details to be submitted by the Contractor under
Sub-Clause 6.10 [Records of Contractor’s Personnel and Equipment].
Sub -Clause 8.1 Commencement of Works (Delete the existing and Replace by)
The commencement date shall be the date of issue of work order.The Contractor shall commence the design and
execution of the Works as soon as is reasonably practicable after the Commencement Date, and shall then
proceed with the Works with due expedition and without delay.
Sub-Clause 8.4 - Extension of Time for Completion

(Add at the end)
Granted extension of Time for Completion shall not automatically imply any additional cost.
Sub- Clause 10.2 Taking over of Parts of the Works: (Delete the existing and Replace by)
Notwithstanding anything contained in the provisions of other clauses of the contract, Parts of the Works or the
Sections when substantially completed shall be handed over by the Contractor for use of the Employer without
any cost to the Employer arising out of wear and tear, before carrying out “Tests after completion”. Further the
Defect Notification Period as specified shall be applicable from the date of completion of the contract work as a
whole irrespective of date of taken over, part of the contracted work or section of the work earlier.
Sub- Clause 12.1 – Procedure for Tests after Completion: (Delete the existing and Replace by)
If tests after completion are specified in the Contract, this clause shall apply. As stated in the Particular
Conditions of Contract, the Employer shall carry out the Tests after completion in accordance with the manuals
supplied by the Contractor under sub-clause 5.7 [Operation and Maintenance Manual for the works] and such
guidance as the Contractor may be required to give during the course of these Tests; and in the presence of
such Contractor’s Personnel as either party may reasonably request.
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The Tests after completion shall be carried out as soon as is reasonably practicable after the Works or Section
have been taken over by the Employer. The Employer shall give to the Contractor 21 day’s notice of the date
after which the Tests after completion will be carried out. Unless otherwise agreed, these Tests shall be carried
out within 14 days after this date, on the day or days determined by the Employer.
If the Contractor fails to carry out the Tests after Completion, the Employer may (at his option) carryout the Tests
himself or by others, in a reasonable manner and at the Contractors Cost and the Contractor shall be fully
responsible for these Tests, its results, its consequences and the Contractor shall subject to Sub Clause 2.5, pay
to the Employer the costs reasonably incurred by the Employer in carrying out the tests and all remedial
measures thereof.
If the Contractor does not attend at the time and place agreed, the Employer may proceed with the tests after
completion, which shall be deemed to have been made in the Contractor’s presence, and the Contractor shall
accept the readings as accurate. The results of the Tests after completion shall be compiled and evaluated by
both parties. Appropriate account shall be taken of the effect of the Employer’s prior use of the works.
Sub-Clause 12.4 Failure to Pass Tests after Completion

(Add at the end)
If the Contractor fails to carryout the adjustments or modifications to pass a Test after Completion to the Works or
such Section the Employer may (at his option) Carryout the adjustments or modifications himself or through
some other agency, in a reasonable manner and at the Contractors Cost and the Contractor shall be fully
responsible for this adjustments or modifications and the Contractor shall subject to Sub Clause 2.5 (Employer’s
Claims) pay to the Employer the costs reasonably incurred by the Employer in carrying out the adjustments or
modifications and all remedial measures thereof.
Sub clause 13.3 Variation Procedure (Delete the existing and Replace by)
All variations referred to in sub clause 13.1 and any additions to the contract price which are required to be
determined in accordance with clause 13 shall be valued at the rates & prices set out in the schedule of
variations if, in the opinion of the Engineer, the same shall be applicable. If the contract does not contain any
rates or prices applicable to the variations & Adjustments, the rates for such items shall be worked out based at
current DSR of PWD /MCGM USR. Where such rates are not available in DSR then the rate analysis based on
market rate and approved by Engineer in Charge shall be accepted .
In case of variations in respect of lump sum contracts on contractor’s designs, the valuation of variations shall be
done as per variation schedule in Volume II.
Sub-Clause 13.4 Payment in Applicable Currencies: - Deleted
Sub – Clause 13.5 (b) (ii) (Add at the end of this sub clause)
Items under provisional sums include:-
a) Utility shifting
b) Shifting of Traffic signals.
Sub – Clause 13.6 Day work - Deleted.
Sub – Clause 13.8 Adjustments for Changes in cost: - (Delete the existing and Replace by)
The amounts payable to the contractor and valued at base prices in accordance with schedule shall be adjusted
for rises or falls in the cost of labour, materials, fuel, cement, steel Grade Fe 500/Structural steel/Liners/ HTS
Strands, and bitumen occurring during operative period, by addition or deduction of the amounts determined by
the formulae prescribed in this sub clause. To the extent that full compensation for any rise or fall in costs to the
Contractor is not covered by the provisions of this or other clauses in the contract, the Contract Price shall be
deemed to include amounts to cover the contingency of such other rise or fall in costs.
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General Variations in Price Index

The amount to be added to or deducted from the Interim Payment Certificates (IPC) for
changes in cost shall be determined from the following formula:
Vn = V1+V2+V3+V4+V5+V6
Where,
Vn=Amount to be added to or deducted from interim payment certificate
V1- Amount to be added to or deducted from IPC for changes in cost due to labour
V2- Amount to be added to or deducted from IPC for changes in cost due to material
V3- Amount to be added to or deducted from IPC for changes in cost due to POL
V4- Amount to be added to or deducted from IPC for changes in cost due to cement.
V5- Amount to be added to or deducted from IPC for changes in cost due to steel Grade Fe
500.
V6 - Amount to be added to or deducted from IPC for changes in cost due to Bitumen.
I. Formula for Labour Component (V1) -

VI = 0.85 x (P – Cost of Base Materials) x K1 x C1-C0
100 C0
Where,
V1 = Amount to be added to or deducted from IPC for changes in cost due to labour
P = Cost of work done during the period under consideration.
K1 = Percentage of Labour component as stated in Table given below.
C0 = Basic consumer price index for industrial workers for centre as per the Labour Gazette
published by the Commissioner of Labour, Government of Maharashtra on the date 30
days preceding the last date prescribed for receipt for bid.
C1 = Average Consumer Price Index for industrial workers for centre as per the Labour
Gazette published by the Commissioner of Labour, Government of Maharashtra during
the period under consideration.
II. Formula for Material Component (V2) -

V2= 0.85 x (P-Cost of Base Materials) x K2 x I1 – I0
100 I0
Where,
V2 = Amount to be added to or deducted from IPC for changes in cost due to material
K2 = Percentage of Materials component as stated in Appendix to Tender.
I0 = Basic wholesale price index prepared by the office of Economic Advisor, Ministry of
Industry, Government of India as published in Reserve Bank of India Bulletin on the
date 30 days preceding the last date prescribed for receipt for bid.
I1 = Average wholesale Price Index prepared by the office of Economic Advisor, Ministry of
Industry, Government of India as published in Reserve Bank of India Bulletin during
the period under consideration.
III. Formula for Petrol, Oil & Lubricant Component (V3)

V3= 0.85 x (P-Cost of Base Materials) x K3 x P1 – P0
100 P0
Where,
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V3 = Amount to be added to or deducted from IPC for changes in cost due to POL
K3 = Percentage of Petrol Oil & Lubricant Component as stated in Table given below.
P1 = Average price of H.S.D. for during the period under consideration, including all taxes
(Excise, Octroi, VAT and Sales Tax etc.)
P0= Average price of H.S.D. for on the date 30 days preceding the last date prescribed for
receipt for bid.
IV Formula for Cement Component (V4)
V4 = CO x (CI1 – CIO) x QC
CIO
V4 = Amount to be added to or deducted from IPC for changes in cost due to cement.
QC = Quantity of cement consumed in Tonnes during the period under consideration.
CO = Base rate of cement in rupees per metric tonne as considered for working out Value
of work done (P) as stated in the Table given below.
CI1 = Average of Cement Index published in the RBI Bulletin during the period under
consideration.
CIO = Average Cement Index as per RBI Bulletin on the date 30 days preceding the last
date prescribed for receipt for bid.
V Formula for Steel Grade Fe500 (HYSD /TMT), HTS, M.S. Liners, Structural steel
Component (V5) -
V5 = SO x (SI1 – SIO) x QY
SIO
V5 = Amount to be added to or deducted from IPC for changes in cost due to steel Grade
Fe 500 (HYSD/TMT/M.S. Liner/Structural Steel.).
QY = Quantity of steel Grade Fe500 (HYSD /TMT), HTS, M.S. Liners, Structural steel
consumed during the period under consideration.
SO = Base rate of steel Grade Fe500 (HYSD /TMT), HTS, M.S. Liners, Structural steel in
rupees per metric tonne as considered for working out Value of work done (P) as
stated in the Table given below.
SI1 = Average Steel Index as per RBI Bulletin during the period under consideration.
SIO = Average Steel Index as per RBI Bulletin on the date 30 days preceding the last date
prescribed for receipt for bid.
VI Formula for Bitumen Component (V6) -

V6 = QB x (B1 – BO)
V6 = Amount to be added to or deducted from IPC for changes in cost due to Bitumen.
QB = Quantity of Bitumen consumed during the period under consideration.
BO = Base rate of Bitumen as per the Table given below.
B1 = Official price of Bitumen of respective grade at H.P.C.L. refinery Mumbai for period
under consideration, including all taxes (Excise, Octroi, VAT & Sales Tax etc.)
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The base material shall be treated as HYSD/TMT Steel Grade Fe 500, Cement and Bitumen
as stated in the Table given below. All steel bars used in work shall be treated as grade Fe.
500 for escalation payment (basic rate and current rate shall be of grade Fe. 500 only.
The cost of base materials will be worked out by quantity consumed of base material related
to the Interim payment Certificate x corresponding base rate given in the Table given below.
The following percentages will govern the price adjustment for the entire contract:
[13.8]
As Per PWD SSR 2017-18

1. Labour 22.5%
2. Materials 65%
3. POL 12.5%
Total 100%
Material Base Rate (Rs.) / Mt
Cement 4200/ per M.T.
Steel
i) HYSDFE-500 33425/- per M.T.
ii)High Tensile Strands 58898/- per M.T.
iii) M S Liner / Sheet piles /Structural steel all Grades 34834/- per M.T.
Bitumen VG-40 (Bulk) 24441/- per M.T.
Bitumen VG-30 (Bulk) 23830/ per M.T.
Bitumen VG-10 (Bulk) 23030/ per M.T.
Bitumen Emulsion 23317/ per M.T.
Consumer Price Index for Industrial workers for Center Mumbai
For Extra Items Rates escalation will not be paid.

• Basic Price Indices for labour & materials component shall be on Base Date.
The following conditions shall prevail for adjustment of changes in cost.
i) The operative period of the contract shall mean the period commencing from the date of
work order issued to the Contractor and ending on the date on which the time allowed for the
completion of the works specified in the contract for work expires, taking into consideration
the extension of time, if any, for completion of the work granted by the Engineer under the
relevant clause of the Conditions of Contract in cases other than those where such extension
is necessitated on account of default of the Contractor, the decision of the Engineer as
regards the operative period of the contract shall be final and binding on the Contractor.
Where any liquidated damages is levied on the Contractor on account of delay in completion
or inadequate progress under the relevant contract provisions, the price adjustment amount
for the balance of work from the date of levy of liquidated damages shall be worked out by
pegging the respective indices to the levels corresponding to the date from which such
liquidated damages are levied.
ii) The price variation under this clause shall not be payable for any additional items required to
be executed during the completion of the work.
iii) This clause is operative both ways, i.e. if the price variation as calculated above is on the
plus side, payment on account of the price variation shall be allowed to the Contractor and if
it is on the negative side, the Employer shall be entitled to recover the same from the
Contractor and the amount shall be deductible from any amounts due and payable under the
contract.
To the extent that full compensation for any rise or fall in costs to the Contractor is not
entirely covered by the provision of this or other clauses in the contract, the contract prices
included in the contract shall be deemed to include amount to cover the contingency of such
other actual rise or fall in costs.
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Sub -Clause 14.2 Advance Payment
(Replace the first paragraph of Sub-Clause 14.2 with the following)
A) Mobilisation Advance-
The employer shall make an advance payment, which carries a Simple interest (SI) rate of 12% per Annum for
mobilization and design when the Contractor submits the required statement & guarantee as mentioned in the
second paragraph of this sub clause 14.2. The Bank Guarantee shall be from any nationalised bank in favour of
MMRD FUND" payable at Mumbai.
i) The Employer shall make an advance payment of Ten percent (10%) of the Contract Price stated in the
Contract Agreement less Provisional Sums.
ii) The advance payment shall be made in two installments. The first installment shall be Five percent (5%)
of the Contract Price less Provisional Sums. The second installment shall be Five percent (5%) of the
contract Price less Provisional sums will be paid only after providing the asset at site. “If it is observed
that delay is on the part of Contractor, MMRDA shall rearrange the installment of recovery of Mobilization
advance and shall recover the mobilization advance before time”.
(Replace the second paragraph of Sub Clause 14.2 with the following :)
The employer shall pay the first installment after receiving
(i) a Statement (under Sub Clause 14.3 [Application for Interim Payments]),
(ii) the Performance Security in accordance with Sub-Clause 4.2 [Performance security], and
(iii) a bank guarantee in amounts and currencies equal to the first installment of the advance payment.
(iv) The Employer shall pay the second installment after
(i) Receiving a Statement (under Sub-Clause 14.3 [Application for Interim Payments]).
(ii) Receiving a notification from the Contractor that precast casting yard have been completed and
operational.
(iii) Receiving a bank guarantee in amounts and currencies equal to the second installment of the
advance payment. The guarantees shall be issued by an entity and from within a country (or
other jurisdiction) approved by the Employer, and shall be in the form approved by the Employer.
Unless.
Add new Sub -clause 14.2.1 Recovery of Advances after sub- clause 14.2
The mobilization advance and the accrued interest shall be repaid with percentage deductions from the interim
payments certified by the Engineer or his representative under the Contract. Deductions shall commence in the
next Interim Payment Certificate following that in which the total of all such payments to the Contractor has
reached 15% of the Contract Price less Provisional Sums. The mobilization advance and the interest shall be
recovered in at the rate of 15 % of amount of IPC from interim payments. Failing such repayment, the
outstanding advance should recovered by encashment of the respective bank guarantee / guarantees mentioned
above. The Contractor may, at his option, repay the advance earlier by increasing the percentage rate of
deduction indicated above. If the Contractor furnishes more than one Bank Guarantee, pursuant to the above
provision, the Bank Guarantees will be released by the Employer one by one in such a manner that the total
amount of Bank Guarantees left in hand with the Employer will be sufficient to cover the outstanding amount of
advance and likely interest thereon. Provided further that the recovery of mobilization advance including interest
thereon shall be completed by the time 80% of the work is completed.
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Add new Sub -clause 14.2.2 Advances for Procured Materials for the Permanent Works after Sub -clause
14.2.1
The Contractor shall be entitled to such sum as the Engineer or his representative may consider proper in
respect of materials intended for but not yet incorporated in the Permanent Works provided that:
(i) The materials are in accordance with the Specification for the Permanent Works.
(ii) Such materials have been delivered to site and are properly stored and protected against loss or
damage or deterioration to the entire satisfaction of the Engineer or his representative.
(iii) The Contractors Record of the requirement, orders, receipts and use of materials are kept in a
form approved by the Engineer or his representative and such records shall be available for
inspection by the Engineer or his representative.
(iv) The Contractor shall submit with his monthly statement, the estimated value of the materials on
site together with such documents as may be required by the Engineer or his representative for
the purpose of valuation of the materials and providing evidence of ownership and payment
therefore.
(v) Ownership of such materials shall be deemed to vest in the Employer; and
(vi) The sum payable for such materials on site shall not exceed seventy five (75) Percent of the
related.
a) CIF price of imported materials or
b) Ex-factory/ Ex-ware house price of locally manufactured materials or
c) Stockpile value of locally produced materials such as coarse aggregates and crushed stone.
d) The materials are of an imperishable nature.
e) A formal agreement shall be drawn up with the Contractor under which the
f) Employer secure a lien on the materials and is safe-guarded against losses due to the
Contractor postponing the execution of the work or to the shortage or misuse of the materials
and against the expenses entailed for their proper watch and safe custody.
g) No advance are made for any materials unless they are to be used within three months at the
most, and
h) Recoveries of advances so made shall be made from the intermediate bills for work done as the
materials are used, the necessary deduction being made whenever the items of work in which
they are used are billed for
Sub -Clause 14.3 (c) Application for Interim Payments.

(Add at the end)
The Contractor will be allowed to convert 75% of Retention Money after issue of substantial completion certificate
in the form of a Bank Guarantee. The entire retention money including the converted Bank Guarantee shall be
released after expiry of Defect Notification Period. The first period of payment shall be upto the month end of the
first full month from Commencement Date. The subsequent period of payment shall be monthly.
Sub -Clause 14.4 Schedule of Payments.

(Add at the end)
The Schedule of Payments is annexed as Billing Schedule in Vol-II.
Sub -Clause 14.5 Plant and Materials intended for the Works.-Deleted
Sub Clause 14.9 Payment of Retention Money.
Replace the first two paragraphs of sub Clause 14.9 by:
When the Taking over Certificate has been issued for the Works, the Retention Money shall be paid to the
Contractor if he provides to the Employer a guarantee, in a form and provided by an entity approved by the
Employer, in amounts and currencies equal to the payment. The Contractor shall ensure that the guarantee is
valid and enforceable until the Contractor has executed and completed the works and remedied any defects, as
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specified for the Performance Security in sub-Clause 4.2, and shall be returned to the Contractor accordingly
.Promptly after the latest of the expiry dates of the Defects Notification Periods, any guarantee provided in place
of the Retention Moneys, shall be released to the Contractor.
Sub clause 17.5 Intellectual and Industrial Property Rights (Delete the existing and Replace by New Sub
clause).
New Sub clause 17.5.1 - Infringement
a) The Contractor agrees to defend or settle at its own expense all suits for infringement of any patent,
copyright, trademark or other form of intellectual property right in any country of the works, for the use
and operation of the Works as supplied by Contractor and for any component part thereof or material or
equipment used therein (or the manufacture of any material or the normal use thereof) provided by the
Contractor or on its behalf pursuant to this Contract and will hold the Employer harmless from all
expense of defending any such suit and all payments for final judgment assessed on account of such
infringement, except such infringement or claim arising from :
(i) the Contractor’s adherence to the Employer’s directions in the design and configuration of the
Works or to use materials, parts or equipment of the Employer’s selection;
(ii) such material, parts or equipment furnished to the Contractor by the Employer, other than in
each case, items of the Contractor’s design or selection or the same as any of the Contractor’s
commercial merchandise or in processes or machines of the Contractor’s design or selection
used in the manufacture of such standard products or parts;
(iii) use of the Works or the materials, parts or equipment furnished by Contractor other than for the
purposes indicated in, or reasonably to be inferred from, this Contract; or
(iv) modification of the Works or the materials, parts or equipment furnished by the Contractor, or
connection of the works to another system by any person or entity other than Contractor, without
prior approval by Contractor.
(b) The Employer will, at its own expense, defend all suits against the Contractor for such excepted
infringement and hold the Contractor harmless from all expense of defending any such suit and from all
payments by final judgment assessed against the Contractor on account of such excepted infringement.
(c) The Parties agree to give each other prompt written notice of claims and suits for infringement, full
opportunity and authority to assume the sole defence, including appeals and, upon request and at its
own expense, the other agrees to furnish all information and assistance available to it for such defence.
(d) If all or any portion of the Work or any material, part or equipment provided by the Contractor or on its
behalf is held to constitute an infringement (excluding such excepted infringements specified in sub
Clause 17.5.1(a)) and is subject to an injunction restraining its use or any order providing for its delivery
upto or destruction, or it in respect of any such claim of infringement the Contractor deems it advisable to
do so, the Contractor shall at its own expense either:
(i) Procure for the Employer the right to retain and continue to use the Work, the affected portion
thereof, or any such material, part or equipment without interruption for the Employer;
(ii) Replace or modify the Work, the affected portion thereof, or any material, part or equipment so
that it becomes non-infringing while continuing to meet the Employer’s Requirements or
(iii) If the remedies specified in Sub-Clause 17.5.1(d)(i) and 17.5.1(d)(ii) are not feasible, refund to
the Employer the full purchase price paid for the Works, the affected portion thereof, or any
material, part of equipment found to be infringing.
New Sub clause 17.5.2 -Safeguarding of Information and Technology
(a) In performance of this Contract, it may be mutually advantageous to the Parties hereto to share certain
specifications, designs, plans, drawings, software, market research or operating data, prototypes, or
other business, financial, and /or technical information related to products, services, or systems which
are proprietary to the disclosing Party or its affiliates (and in the case of Contractor, Contractor’s Parent
company) (together with this Contract and related documents, “Information”). The parties recognize and
agree that Information includes information that was supplied in contemplation here of prior to execution
of this Contract, and further agree that information includes information in both tangible and intangible
form.
(b) Unless such Information was previously known to the Party receiving such Information free of any
obligation to keep it confidential, or such Information has been or is subsequently made public through
other than unauthorized disclosure by the receiving Party or is independently developed by the receiving
Party (as documented by the records of the receiving Party), it shall be kept confidential by the party
receiving such information, shall be disclosed only in the performance of this Contract, and may not be
disclosed for any other purposes except upon such terms as may be agreed upon in writing by the Party
owning such Information. The receiving Party may disclose such Information to other persons, upon the
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furnishing Party’s prior written authorization, but solely to perform acts which this Sub Clause expressly
authorizes the receiving Party to perform itself and further provided such other person agrees in writing
(a copy of which writing will be provided to the furnishing Party at its request) to the same conditions
respecting disclosure and use of Information contained in this Sub-Clause and to any other reasonable
conditions requested by the furnishing Party. Nothing herein shall prevent a Party from disclosing
Information (i) upon the order of any court or administrative agency, (ii) upon the request or demand of,
or pursuant to any regulation of, any regulatory agency or authority, (iii) to the extent reasonably required
in connection with the exercise of any remedy hereunder and (iv) to a Party’s legal counsel or
independent auditors.
Add new Sub-Clause 17.7 - Urgent Repairs after Sub Clause 17.6
If, by reason of any accident, or failure, or other event occurring to or in connection with the Works, or any part
thereof, either during the execution of the Works, or during the Defects Liability Period, any remedial or other
work or repair shall, in the opinion of the Engineer’s Representative, be urgently necessary for the safety of the
Works and the Contractor is unable or unwilling at once to do such work or repair, the Employer may employ and
pay any other Contractor to carry out such work or repair as the Engineer’s Representative may consider
necessary.
If the work or repair so done by the Employer is work which, in the opinion of the Engineer’s Representative, the
Contractor was liable to do at his own expense under the Contract, all expenses properly incurred by the
Employer in so doing shall be recoverable from the Contractor by the Employer, or may be deducted by the
Employer from any monies due or which may become due to the Contractor. Provided always that the Engineer’s
Representative shall, as soon after the occurrence of any such emergency as may be reasonably practicable,
notify the Contractor thereof in writing.
Sub Clause 18.1 General Requirements for Insurances

(Add at the end)
Insurances (Contractor All Risk Policy) obtained by the Contractor under this Clause must meet the requirements
of and be acceptable to the Employer. The Contract Price is inclusive of all costs related to these insurances.
Add new sub- clause Sub Clause 18.5 Insurance for Automobile Liability after Sub Clause 18.4
The Contractor shall effect and maintain comprehensive (or business) automobile liability insurance for all owned
(if any), non-owned and hired vehicles written in an amount with combined single limits not less than the amount
required by Indian Laws.
Add new sub- clause Sub- Clause 18.6 Professional Indemnity Insurance after Sub Clause 18.5
The Contractor shall effect and maintain professional indemnity insurance for coverage that remains in force for a
minimum of twenty (20) months reckoned from the date of the issue of the Taking Over certificate or on the date
the Contractor has become entitled to receive the Performance certificate, whichever is earlier and in an amount
not less than 20% of the Contract Price.
Sub-Clause 20.2 – Disputes (Delete the existing and Replace by)

If a dispute of any kind whatsoever arises between the Employer and the Contractor in connection with, or arising
out of, the Contract or the execution of the Works, whether during the execution of the Works or after completion
or other termination of the contract, including any dispute as to any certificate, determination, instruction, opinion
or evaluation of the Engineer’s Representative, either party may give notice to the other party, with a copy to the
Engineer’s Representative, of his intention to commence Dispute resolution as to the matter in dispute.
Sub-Clause 20.3 – Failure to Agree Dispute Adjudication Board - Deleted
Sub -Clause 20.4 -Deleted
Sub-Clause 20.5 - Amicable Settlement

(Add at the end)
Where notice of intention as to a dispute has been given in accordance with Sub-Clause 20.2, such dispute shall
not be commenced unless an attempt has first been made by the parties to settle the dispute amicably. However,
unless both Parties agree otherwise, amicable settlement may be commenced on or after the fifty-sixth day after
the day on which notice of intention was expressed.
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Sub- Clause 20.6- Arbitration -(Delete the existing and replace by)
Metropolitan Commissioner’s Decision:
If a dispute of any kind whatsoever arises between the Engineer and the Contractor in connection with, or arising
out of the Contract or the scope of the work, during the progress of the work or after completion or abandonment
or after repudiation or termination of the contract, including any dispute as to any opinion, instruction,
determination, certification or valuation of the Engineer, the matter shall be in the first place, be referred in
writing to the Engineer within 30 days of its occurrence for review, with a copy to the employer. If the contractor
fails to refer the dispute for review within 30 days, the Engineer's decision shall be final and binding on the
contractor. Such reference shall state that it is made pursuant to this clause. No later than the fourteenth day
after the day on which he receives such reference, the Engineer shall give notice of his decision to the Employer
and the Contractor. Such decision shall state that it is made pursuant to this Clause.
Notwithstanding the arising of any dispute, unless the Contract has already been repudiated or terminated, the
contractor shall ,in every case, continue to proceed with the work with all due diligence and the Contractor and
the Engineer shall give effect forthwith to every such decision unless and until the same shall have been revised,
as hereinafter provided.
If the Contractor is not satisfied with the order passed by the Engineer as aforesaid, the Contractor may, within
Thirty days of receipt by him of any such order, appeal against it to the Metropolitan Commissioner. The
Metropolitan Commissioner shall render the decision which shall be final and binding to both Employer and
Contractor. No Arbitration is allowed.
Sub-Clause 20.7 – Failure to Comply with Dispute Adjudication Board – Deleted
Sub-Clause 20.8 – Expiry of Dispute Adjudication Board’s Appointment - Deleted
Bidder 044 MMRDA

Section V
PART- 2: SPECIAL CONDITIONS OF CONTRACT
The following Provisions shall prevail:
1.0 PLANNING AND EXECUTION OF THE WORKS
The part of proposed flyover location is on busy trafficked roads. The Contractor therefore needs to regulate
traffic and plan the work in such a fashion that minimum inconvenience is caused to the traffic. He may even
have to work in restricted working hours. The Contractor shall plan and schedule the construction program
accordingly. The Contractor should take care of all such eventualities while preparing the bid. The Contractor
shall ensure a minimum road width of 11.50 m on either side of barricaded area for movement of vehicular traffic.
The conditions mentioned above or any other such relevant condition not spelt out here shall not cause the
reason for extension of contract period.
2.0 ELECTRIC POWER SUPPLY
The Contractor shall make all the necessary arrangement for procurement of electric power required for the work.
The Contractor shall submit his requirement of Electric Power Supply for carrying out permanent works,
operating plants and equipments, labourers camp and field offices etc., as a part of his work plan. The employer
will issue the necessary certificates, letters of recommendation etc., to the Contractor for obtaining the power
supply. However, the employer shall accept no responsibility for any delays in obtaining the power connections.
In addition, the Contractor shall maintain standby diesel generators of adequate capacity. Non-availability of
electric power will not be considered as a reason for delay in progress.
3.0 WATER SUPPLY FOR CONSTRUCTION, LABOUR CAMPS, OFFICES ETC.
The Contractor shall make all necessary arrangements for the procurement of water required for construction
and labour complete. The employer shall issue the necessary certificates, letters of recommendation etc., for
obtaining the necessary permissions. The employer shall assume no responsibility for delay in progress due to
delay in obtaining the permissions. The Contractor may drill bore wells as a source of construction water. The
water shall be got tested by the Contractor at his own expense and certificates regarding the suitability for
construction shall be submitted to the Engineer’s Representative regularly as per his requirements.
4.0 TELEPHONES / WIRELESS COMMUNICATION FACILITIES
These will be arranged by Contractor at his own cost. The employer shall give the necessary certificates and
letters of recommendation etc., to the Contractor.
5.0 LAND FOR TEMPORARY USE
Land for labour camps, storage yards temporary site sheds etc., will be arranged by the Contractor at his own
cost. Land for batching plant, casting yard shall be arranged by the contractor at his own cost.
6.0 CONTRACTOR’S MATERIALS, LABOUR ETC.
The Contractor shall provide everything necessary for the proper execution of the works according to the intent
and meaning of the Drawings, Notes, and Specifications taken together, whether the same is or is not particularly
shown or described therein; provided the same can be reasonably enforced there from. If the Contractor finds
any discrepancy therein he shall immediately and in writing refer the same to the Engineer’s Representative. The
decision of the Engineer’s Representative shall be final and binding on the Contractor. Figured dimensions shall
be followed and the drawings shall not be scaled from.
7.0. CEMENT FOR WORKS

The Contractor shall make his own arrangement for cement. The cement for Pile and sub structure shall be OPC
43 graded IS 8112-1989 and for Super Structure the cement shall be OPC Grade 53.IS 12269- 1987.
Bidder 045 MMRDA

8.0 QUARRIES
The Contractor will have to make his own arrangement of acquiring land for quarries. The Contractor shall carry
out all quarrying operations without endangering the environment and natural beauty of surrounding.
All excess and un-useful excavated materials shall be stacked at dumping places if available, identified by the
Employer as directed by the Engineer’s Representative; otherwise the Contractor has to make his own
arrangement for the same.
9.0 ENABLING WORKS
The Contractor shall supply, fix and maintain at his own cost during the execution of works, all the necessary
centering, and scaffolding, staging, planking, timbering, strutting, shoring, pumping, fencing, hoarding, watching
and lighting by night as well as the necessary equipment for protection of public and safety of any adjacent roads
and railway lines. The Contractor shall remove any or all such centering scaffolding, staging planking and
equipment when ordered to do so by the Engineer’s Representative and make good all matters and things
disturbed during the execution of works to the satisfaction of the Engineer’s Representative.
10.0 TEMPORARY DIVERSIONS, MAINTENANCE OF SAME AND TRAFFIC MANAGEMENT
In addition to provisions made in the technical specifications, it is stipulated that the Contractor shall construct,
maintain and carryout the traffic management by providing all safety features like safety barricading as per
attached drawings in Vol. IV of the Bid document, for all temporary diversions.
11.0 OPPORTUNITIES AND FACILITIES FOR OTHER CONTRACTORS, AGENCIES ETC.
The Contractor shall, in accordance with the requirements of the Engineer’s Representative afford all reasonable
opportunities for carrying out their work to any other Contractors employed by the Employer and their workmen
and to the workmen of the Employer and of any other duly constituted authorities who may be employed in the
execution on or near the site of any work not included in the Contract or of any contract which the Employer may
enter into in connection with or ancillary to the works. If, however, the Contractor shall on the written request of
the Engineer or Engineer’s representative make available to any such other Contractor or to the Employer or any
such authority any roads or ways for the maintenance of which the Contractor is responsible or permit the use of
by any such of the Contractor’s scaffolding or any other plant on the site or provide any other service of
whatsoever nature, for any such the Employer shall pay to the Contractor in respect of such use of service such
sum or sums as shall in the opinion of the Engineer be reasonable.
12.0 ENVIRONMENTAL SAFEGUARDS
The Contractor shall take action of following points and note the stipulations as under as regards environmental
safeguards as stipulated by the Ministry of Environment and Forests.
12.1 Appropriate measures shall be undertaken while undertaking digging activities to avoid degradation of
water quality.
12.2 Borrow pits and other scars created during the road construction shall be properly leveled and treated.
12.3 Adequate provision for infrastructures facilities, i.e. water supply, fuel, sanitation, etc. shall be ensured for
labourers during construction period in order to avoid damage to the environment.
12.4 No excavation from or dumping of waste materials into any water body / wetlands shall be done.
12.1 Borrow sites for earth, quarry sites for road construction and dump site shall be identified keeping in
view:
a. No excavation or dumping on private property is carried out without written consent of the owner.
b. No excavation or dumping shall be allowed or wetlands, forests areas or other ecologically
valuable or sensitive locations.
c. The excavation work shall be done in consultation with soil conservation and watershed
development agencies working in the area:
d. Construction spoil/soil including bituminous material and other hazardous material must not be
allowed to contaminate water course and the dump sites for such materials must be identified
well in advances before construction and lined properly so that they do not leach into the ground
water.
Bidder 046 MMRDA

13.0 SITE OFFICE AND VEHICLE FOR THE ENGINEER
Contractor shall provide and maintain a furnished site office for the supervisory staff of the Engineer. It
shall have at least 100. Sqm. floor area Air – conditioned site office and shall include electrical lights,
fans, computer point including proper wiring, water supply, drainage, toilets, tables, chairs, cupboards,
telephone (Mobile phones) and shall be constructed at location directed by the Engineer and maintained
for a period upto 6 months beyond date of completion as certified by Engineer. The site office with all
services, furniture, fixtures shall be property of the contractor. Land for site office, field laboratory etc. is
not available with MMRDA and could not be provided by employer. All Electric & Telephone / Mobile bills
will be paid by the contractor for entire period of contract and up to 6 month beyond completion of works
and both the Electric & Telephone connections will be obtained by him In addition to above are
exclusively furnished site measuring at least 25 sqm floor area for MMRDA staff and Engineer shall also
be provided with above mentioned similar provision.
13.1 Minimum furniture for site office shall be 6 Godrej make tables of size 0.9 m x 1.5 m, 6 chairs and 3
Godrej cupboards of 1.92m height, three executive chairs, Ceiling fans & telephone facility with partition
for executive staff of PMC and MMRDA shall be provided by the contractor. Two PC of configuration
comprising (Processor – Intel i7 – 820 QM processor, Ram – 8GB DDR-3 Ram,23” (1920 x 1080 pixels),
8GB DDR-3 Ram, 2TB Hard disk, DVD writer, 6-in-1 memory card reader, WLAD 802.11 b/g/n
Bluetooth, Wireless keyboard and mouse, HDMI in / out support, USB, ESATA Ports, JBL speaker
and colour desk Jet printer. Two Nos of A-3 size ink jet colour printer shall also be provided with two
years of warranty. No separate payment shall be provided for the above as the above provisions are
incidental to the work.
Temporary structures such as godown, Air- conditioned site office, field laboratory, labour camps etc. for
proper execution of the project as also an office for the exclusive use of the Employer, Engineer and the
Engineer’s representative shall be constructed by the Contractor at his own cost and as per the prevailing
rules and regulations of the government and local authority and after obtaining the permission of the
concerned authorities. The Employer will not provide any land for this purpose and the same will have to
be arranged by the Contractor. The temporary structures so constructed shall be dismantled and
removed at the Contractor’s cost within one month from the date of completion of the work. The
Contractor shall also arrange Two ( 2 Nos.) A/C Vehicle at site for site visit, inspections by the Employer,
Engineer and the Engineer’s representative and shall be available till completion of the project. All vehicle
expenses including registration, Petrol/ Diesel, maintenance, insurance, Driver etc. shall be born by the
contractor. The contractor shall provide site staff one clerk, one computer operator and one peon to the
Employer and cost of salary and other expenses on this staff shall be borne by the contractor till
completion of the work.
14.0 SHIFTING OF UTILITIES
(a) Contractor is required to liaise with concerned department for identifying exact location of the utility
services. Any damages by the contractor while carrying out work to the utilities shall be repaired at his own
cost.
(b) Deposits / Supervision charges levied by Govt. dept. & paid by the contractor for the purpose of shifting of
utilities (under Provisional Sums) shall be reimbursable after due assessment, verification and scrutiny.
15.0 REMOVAL / DIVERSION OF UTILITY SERVICE
As far as possible, the Contractor’s proposal shall be such that the shifting of utility services is not required.
However, if the over ground / under ground utility services like electric poles, telephone poles, water supply
pipe lines, sewer lines, oil pipe lines, cables, gas ducts etc. owned by various authorities including Public
Undertakings and local authorities encountered during construction shall be diverted by the Contractor at
cost over and above Lumpsum quoted by him and will be paid as per the estimate prepared by the
concerned department based on current DSR of PWD / MJP/SOR of MCGM applicable in the region and
approved by client. The work shall be carried out under the supervision of concerned department. In case in
the opinion of the Engineer it is not possible to divert the utilities, the Contractor shall make necessary
modifications in the structure.
Bidder 047 MMRDA

16.0 UTILITY SERVICES:-There are number of utility services existing within the premises of the existing road
where the work of flyovers at Chhed nagar Junction is to be done on Eastern Express Highway. Some of
these utilities are listed below
1. MSEB / Tata/ Reliance electric poles & cables.
2. Optical fiber lines / MTNL telephone lines.
3. Gas / Fuel supply pipe line.
4. Reliance / HPCL/ BPCL petroleum pipe line.
5. MCGM water supply pipe lines.
6. MCGM /PWD drainage & sewerage pipe lines & storm water drains.
7. Other utility service providers utility cables, pipe lines etc.
These utility services might be falling in the proposed construction of flyover / Slip road, C.D. works etc.
and are required to be shifted/relocated/protected by the bidder.
Bidder shall contact these utility providers for the shifting/relocating/protecting of these utilities which
comes within the construction work & submit the detail scheme as per utility provider instructions to
MMRDA. MMRDA will approve the scheme & issue necessary instruction to the contractor. Contractor
shall pay the utility service provider as per demand for the shift / relocating / protection of these utilities &
the same shall be reimbursed by the MMRDA on production of such payment receipts.
For the utility shifting / relocating / protection works carried out by the contractor, the same will be paid as
the rates based on the current PWD DSR / MCGM USR / the rate analysis based on market rate and
approved by Engineer in Charge shall be accepted (in this order of preference).If the rates of items
executed are not available in these DSR’s, then the rate analysis of the service provider has to be
accepted.
17.0 TAXES
All taxes, duties, levies, octroi, Royalty charges etc, including sales tax on Works contract, service taxes,
excise duty, customs duty payable by the contractor in respect of the raw materials to be consumed in
the Works, purchase of plant and machinery and on the turn over, in connection with the execution of the
Works shall be included in the total Bid Price submitted by the Bidder.
Recovery under the Building and Other Construction Workers welfare Cess Act, 1996
Govt. of Maharashtra vide their marathi G.R. No. BCA 12007/PK. 788 Àkamagaar 7 and B.R. No. BCA
(Bldg)/ PK. 108 Àkamagaar 7A Industry, Energy & labour Dept. of Government of Maharashtra dated
03.07.2010 directed to implement this G.R. This G.R. is applicable to this Contract. As per G.R. 1% Cess
will be recovered from the bills of the Contractor towards Building & Other Constructions Worker’s
Welfare.
18.0 G.S.T.
Bidders should quote his offer price inclusive of GST.
Bidder 048 MMRDA

Section V
PART- 3: PROJECT SPECIFIC CONDITIONS
The conditions and stipulations given herein below shall have precedence over provisions elsewhere in this
document.
General
(a) Special provisions in the detailed specifications or wording of any item shall have precedence over the
corresponding contract provisions, if any, in the standard specifications of the MoRT&H, PWD etc. In
case of any contradictions in the specifications, the interpretation and decisions of the Engineer shall be
final and binding.
(b) Wherever, Contractor has to obtain permissions/sanction from various local authorities, MMRDA will
extend necessary assistance by writing letter to concerned authorities. However it is the sole
responsibility of the Contractor
(c) Customs & Excise Duty: No Customs and Excise exemption certificate for procurement of construction
equipment, machinery, goods, etc will be issued by the Employer.
(d) Contractor shall be required to observe the restrictions on working hours, if imposed by local authorities
and police.
Work Specific
i) Any damage caused to either private or public property, services, structures etc. shall be made good
by Contractor without any extra cost to the employer.
ii) The work has to be done on the road with busy traffic and hence suitable traffic diversion measures
will have to be adopted in consultation with Engineer’s Representative and traffic Police. The
contractor shall first, improve slip roads and services roads on both the roads of proposed flyovers as
per drawings in volume IV and then divert the traffic from existing carriageway to slip roads and
service roads to ensure proper and adequate traffic safety. Signboards, barricades, lighting shall be
displayed during day and night to ensure that no accidents take place
iii) Suitable phasing of construction and temporary traffic arrangement shall be got approved from the
Engineer’s Representative. No compensation for any delay in intended date of completion shall be
payable to the Contractor
iv) Contractor shall submit Quality Assurance plan document to form the basis evolving the quality
system, applicable for all quality related activities.
v) Use of Crushed sand as per IS: 383 will be permitted subject to mix design and test for flexural
strength carried out conforming to the specification. 100% crushed sand to be used if natural sand is
not available, provided the finishing and workability etc. are not affected at any location and also
provided that the gradation is maintain and is conforming to latest version of IS 383. No extra
payment to be made to the Contractor for setting up of factory etc. for the manufacture of above said
sand for the use of 100% Crushed sand with all leads.
vi) No excavated material (including the material to be reused after checking the conformity to required
standards for any purpose and with prior permission of the Engineer’s Representative) shall be
stacked on road footpaths. The same shall be immediately disposed off as directed by Engineer’s
Representative.
vii) Whenever new drains are constructed the flow in the old drain will have to be suitably diverted to
maintain the continuity of flow. The item rate for demolition of drain shall be deemed to contain the
cost of such diversions & will not be paid separately.
viii) Whenever embankment/widening is done it will be necessary to ensure the compactions of small
width towards edge of widening shall be done by mobilizing 3 tonne power roller/static roller &
Bidder 049 MMRDA

percentage compaction as stipulated in the item shall be achieved. This will be necessary in the
situation where the vibratory roller of 10 tonne cannot approach edges due to site condition.
ix) Wherever kerbs/median kerbs are to be fixed on existing pavement (concrete/bituminous) necessary
drilling, cutting and anchoring shall be carried out by the Contractor at his own cost.
x) Ancillary work such as Reinstating Road Surface including paver blocks, kerbs, medians etc. when
disturbed during the construction shall be reinstated at the cost of Contractor as per the direction of
the Engineer’s Representative.
xi) Scope of maintenance during construction and Defect Notification period of project roads and
electrical items shall be carried out as per the direction of the Engineer’s Representative at the cost
of Contractor.
Bidder 050 MMRDA

Section VI
Appendix to Tender
Conditions Ref. GCC Data
Employer’s Name and 1.1.2.2 Name and address of the Employer.

Address Mumbai Metropolitan Region Development Authority
Represented by
Mumbai Metropolitan Region Development Authority,
th
9 Floor, MMRDA Building, Bandra-Kurla Complex, Bandra(East),Mumbai–400051
Tel: +95-22-226591240 / 26590001
Fax: +95-22-26591264 Email : chiefengineer2@mailmmrda.maharashtra.gov.in
Engineer 1.1.2.4 The Chief Engineer, Engineering Division

th
Mumbai Metropolitan Region Development Authority (MMRDA) 5 floor, Bandra-Kurla Complex Bandra (East)
Mumbai-400 051.
Tel: +95-22-226591240 / 26590001
Fax: +95-22-26591264 Email : chiefengineer2@mailmmrda.maharashtra.gov.in
Engineer’s Representative’s 1.1.2.4 & .3.1 To be appointed by Employer from time to time.
Name and Address
Time for Completion 1.1.3.3 36 months (Including Monsoon)
Defect Notification Period 1.1.3.7 60 Calendar Months for Flyovers, Vehicular Subway & Rigid Pavement work.
24 months for Flexible Road work.
Bidder 051 MMRDA

Sections of the work 1.1.5.6

(FLYOVER WORKS)
PART-A: Design & construction of Flyover No. 1: “”A 3- lane flyover in direction from Sion to Thane parallel to
the existing Chhedanagar flyover”.
PART-B: Design & construction of Flyover No. 2: “A 2-Lane flyover in direction from Mankhurd to Thane
crossing the existing Chhedanagar flyover at level 2”.
PART-C: Design & construction of Flyover No. 3 : “A 2-Lane elevated arm from the existing Chhedanagar
flyover connecting SCLR up ramp along service road of E. E. Highway”.
PART-D: Design & Construction of a 4-lane vehicular subway at Kamrajnagar across E.E. Highway (at
North of existing Garodia Nagar vehicular subway).
PART-E : ( ROAD WORKS)
a) Construction of road with New Crust in Flexible Pavement.
i. Construction/Improvement of service road from Amar Mahal Junction upto the end of existing Amar Mahal
flyover of E.E. Highway on the west.
ii. Construction of Diversion Road & side drains on West Side of Service road upto Chhedanagar Junction.
iii. Construction/Improvement of service road of E.E Highway on West side from Garodia Nagar Road to
Ramabai Nagar Road Junction.
iv. Construction/Improvement (Post Construction) of service road & side drains below proposed Chhednagar
–SCLR connector.
b) Construction of Slip Road in Rigid Pavement.
i. Construction of slip road in Rigid Pavement from Amar Mahal Junction upto the end of existing
Amarmahal flyover of E.E. Highway on the west.
Bidder 052 MMRDA

c) Improvement of Slip/Service roads by Over Laying.
i. Improvement of service road & side drains from end of existing Amarmahal flyover of E.E. Highway on the
west upto Garodia Nagar Road.
ii. Improvement of service road of E.E Highway on East side from Garodia Nagar Road to Ramabai Nagar
Road Junction.
iii. Improvement (Pre Construction) of service road below proposed Chhednagar –SCLR connector.
d) Improvement of Junction in Mechanised Mastic Asphalt.
i. Improvement of Chheda nagar Junction in Mastic Asphalt.
Communications 1.3 [FAX, Email, transmission systems ]
Law & Language 1.4 The Contract shall be governed by and construed in accordance with the governing law of India and also the laws in force
in the State of Maharashtra and no suit or other proceeding relating to the contract shall be filed or taken by the Contractor
in any Court of Law except in the High Court of Mumbai which shall have exclusive jurisdiction to hear and determine all
action and proceedings in connection with and arising out of the Contract.
Ruling language 1.4 English
Language for 1.4 English

communications
Delay damages for the 8.7 The Contractor shall complete the various components of the Project works as per the Milestones given below so as to
Works allow the use of the flyovers for traffic within the Time stipulated for completion of the work.
MILESTONES FOR THE PROJECT
Mile Stone Time Period from Financial Target

Physical Target
No. issue of work more then
order
Completion of vehicular subway at Kamraj Nagar and
I 06 months 10%
opening the same for Traffic
II 18 months 40% ---
III 27 months 70% ---
IV 36 months 100% ---
Bidder 053 MMRDA

If the Contractor fails to achieve any Milestone by the Corresponding target date as mentioned above, Delay damages will
be levied @ Rs 10.00 lacs (in words Rs. Ten lacs) per day per milestone. If the Contractor makes up the delay so
occurred and achieves the next Milestone by the corresponding target date, 80 % of the Delay damages so levied will be
released. Total amount of Delay damages for not achieving the above target dates will not exceed 10% of accepted
contract price. Delay damages to be partly released against making up of delay will not qualify for any interest.
As given in Table below % of the Final Contract Price per day, in the currencies and proportions in which the Contract
Price is payable in delay damages.
Time for
Section Name / Description Completion Damages for Delay
(since in Rs.
commencement)
(In INR)
Improvement of Chheda Nagar Junction, 36 months
Ghatkopar (East), on Eastern Express (including 10 Lacs/day per milestone
Highway. monsoon)
Maximum amount of Delay damages 10.0% of the Final Contract Price.

Provisional Sums 13.5 2 % of Contract Price
Adjustments for Changes in 13.8 As provided in the P.C.

Cost Table(s) of Adjustment
Data
Currencies of Payment 14.15 Indian National rupees (INR)
st
Advance payment 14.2 5% 1 installment
nd
5% 2 installment
of the Accepted Contract Amount less provisional sums payable in the currencies of the Accepted Contract Amount is
payable
Percentage of Retention 14.3 ( c) 6% of each IPC till amount reaches to 5% of the Contract Price
Limit of Retention Money 14.3 ( c) 5% of the Accepted Contract Amount
Minimum Amount of Interim 14.6 2% of the Accepted Contract Amount.

Payment Certificates.
Bidder 054 MMRDA

Payment of Retention. 14.9 The Contractor will be allowed to convert 75% of Retention Money after issue of substantial completion certificate in the
form of a Bank Guarantee. The entire retention money including the converted Bank Guarantee shall be released after
expiry of Defect Notification Period.
Periods for submission of 18.1

insurance:
a. evidence of insurance. 30 days
b. relevant policies 30 days
Bidder 055 MMRDA

FORMAT FOR EVIDENCE OF ACCESS TO OR AVAILABILITY OF OVERDRAFT/CREDIT FACILITIES*
Clause 5.1 of Bidding Data
BANK CERTIFICATE
This is to certify that M/s is a reputed company with a good
financial standing.
If the contract for the works, namely is awarded to the above firm, we shall
be able to provide overdraft/credit facilities to the extent of INR (Rs) to meet their capital
requirements for executing the above contract.
Sd/-
Name of Bank Manager
Senior Bank Manager
Address of the Bank
Bidder 056 MMRDA

QUALIFICATION INFORMATION
The information to be filled in by the Bidder in the following pages will be used for purposes of post qualification
as provided for in Sub Clauses 5.1 to 5.8 of ITB & Bidding Data. This information will not be incorporated in the
Contract.
1. For Individual Bidders
1.1 Constitution or legal status of Bidder

[Attach copy]
Place of registration: _______________________________
Principal place of business: _______________________________
Power of attorney of signatory of Bid

[Attach copy]
1.2 Total value of Civil Engineer construction

work executed and payments received in the last Three years* (in Rs. Lacs)
2014 - 2015_____________________
2015 - 2016_____________________
2016 - 2017_____________________
1.3.1 Work performed as prime Contractor (in the same name) on works of a similar nature over the last five
years. **
______________________________________________________________________________________
Project Name Descrip- Contract Value of

Stipulated Actual date Remarks
Date of
Name of the tion of No. contract
period of issue of
of explaining
Employer* work completion completion* reasons
(Rs. work
Lacs) order for delay
and work
completed
_____________________________________________________________________________________
1.4 Information on Bid Capacity (works for which bids have been submitted and works which are yet to be
completed) as on the date of this bid.
(A) Existing commitments and on-going works:
Description Place& Contract Name Value of Stipulated Value of Anticipated

of Work State No. & and Contract period of works* date of
Date Address (Rs. completion remaining completion
of Lacs) to be
Employer Completed
(Rs. Lacs)
(1) (2) (3) (4) (5) (6) (7) (8)
Bidder 057 MMRDA

(B) Works for which bids already submitted:
Description Place& Name and Estimated Stipulated Date when Remarks if

of Work State Address of Value of period of decision is any.
Employer works (Rs. completion expected
Lacs)
(1) (2) (3) (4) (5) (6) (7)
* Attach certificate(s) from the Engineer (s)-in-Charge/ Employer/ Independent Consultant
1.5 The following items of Contractor's Equipment are essential for carrying out the Works. The Bidder should
list all the information requested below. Refer also to Sub Clause 5.3 of the Bidding Data – Section III.
_______________________________________________________________________
Item of Requirement Availability proposals Remarks
equipment No. Capacity Owned/leased/ Nos/ Age/ (From whom
to be procured capacity condition to be purchased)
____________________________________________________________________________________
i. An Integrated VSI min. 200 TPH
stone crusher 1 No.
ii. Automatic concrete min. 1x 60 cu.m./hr

batching plant with 1 No.
computerized controls
iii. Transit Mixer 5/7 cu.m - 8 Nos.
iv) Concrete Pumps 25 cu.m/hr-2Nos.
v) Crane (100 T Capacity& above ) 4 nos.
vii) Piling machinery,

a. Hydraulic/ Electric operated drilling Machinery 2 nos.
b. Dumpers 8nos.
c. Excavator J. C. Bs 2 nos
d. Motor Grader 2no
e. Pug Mill for WMM 1no
f. Electronic Sensor Paver 1no
g. Excavator Poclain 1no
h. Concrete segment Gantry/ Truss Launcher 1no
1.6 Qualifications and experience of key personnel proposed for administration and execution of the Contract.
Attach biographical data.
____________________________________________________________________________________
Years of relevant Years of experience
Position Name Qualifications experience as Manager
____________________________________________________________________________________
Team Leader * * * *
Project Manager * * * *
Bridge Engineer * * * *
Design Engineer * * * *
Pavement Engineer * * * *
Geo Tech Engineer * * * *
Electrical Engineer * * * *
Material Engineer * * * *
Landscape Architect * * * *
Plant Engineer * * * *
Erection Expert * * * *
Safety Expert
etc.____________________________________________________________________________________
Bidder 058 MMRDA

* Required Qualifications, Years of relevant experience & Years of experience as Manager is as follows.
Project Manager:-Graduate Civil Engineer with 5 years exp. in similar position and over all experience of 20
years in handling similar works/projects.
Bridge Engineer :- Graduate Civil Engineer with 5 years exp. in similar position and over all experience of 15
years in handling similar Bridges/Flyovers.
Structural (Bridge) Engineer : Post Graduate in Structural Engineering with 10 years exp. in similar position
and over all experience of 15 years in handling similar Bridges/Flyovers.
Pavement Engineer : Graduate Civil Engineer with experience of 2 years in similar position and over all
experience of 5 years in handling similar works/projects.
Geo Tech Engineer : Post Graduate in Geotechnical Engineering with 5 years exp. in similar position and over
all experience of 7 years in handling similar works/ projects.
Electrical Engineer –Part Time :Graduate Electrical Engineer with experience of 7 years in handling similar
works/projects.
Material Engineer: Graduate Civil Engineer with 5 years exp. in similar position and over all experience of 7
Architect –Part Time : Graduate in Architecture with experience of 7 years in handling similar works/projects.
Erection Engineer: Graduate Civil Engineer with 8 years exp. in similar position and over all experience of 20
Safety Engineer: Graduate Civil Engineer with 3 years exp. in similar position and over all experience of 5 years
in handling similar works/projects.
1.7 Deleted
1.8 Financial reports for the last five years: balance sheets, profit and loss statements, auditors' reports (in
case of companies/corporation), etc. List them below and attach copies.
1.9 Evidence of access to financial resources to meet the qualification requirements: cash in hand, lines of
credit, etc. List them below and attach copies of support documents
1.10. Name, address, and telephone, telex, and fax numbers of the Bidders' bankers who may provide
references if contacted by the Employer.
1.11 Information on litigation history in which the Bidder is involved.
Other party(ies) Employer Cause of dispute Amount involved

Remarks showing
Present Status
_________________________________________________________________________________
1.12 Statement of compliance under the requirements of Sub Clause 3.2 of the instructions to Bidders
_______________________________________________________________________________
_______________________________________________________________________________
______________________________________________________________________________
1.13 Proposed work method and schedule. The Bidder should attach descriptions, drawings and charts as
necessary to comply with the requirements of the Bidding documents/Bidding Data [Refer ITB Clause 4.1
and 5.1].
2. Additional Requirements
2.1 Bidders should provide any additional information required to fulfill the requirements of Clause 5
of the Instructions to the Bidders, if applicable.
Bidder 059 MMRDA

Section VII
Forms of Security and Contract forms
CONTRACT FORMS
This Section contains forms which, once completed, will form part of the Contract. The forms for
Performance Security and Advance Payment Security, when required, shall only be completed by the
successful Bidder after contract award. All italicized text is for guidance how to prepare the various forms
and shall be deleted from the final documents.
Table of Forms
i. Letter of Acceptance Form No. COF/1.
ii. Notice to proceed with the work Form No. COF/2.
iii. Contract Agreement Form No. COF/3.
iv. Form of Contract Performance Security Form No. COF/4.
v. Form of Advance Payment Security Form No. COF/5.
vi. Form of Bank Guarantee for Release of Balance Retention Money Form No. COF/6 .
vii. Undertaking of Contractor Form No. COF/7.
Bidder 060 MMRDA

FORM No. COF/1
Letter of Acceptance
[on letter head paper of the Employer]

No.------------------------- Engineering Division Date: / /
To,
Name of Contractor
Address--------------
Letter of Acceptance
Sub:
Ref: 1) This office tender notice No. --------------

2) Your offer dated -----------------------.
3) Your Modified offer vide letter dated--------------------------
Dear Sirs,
This is to notify you that, your Bid dated ----------- for ( Name of Work)-------------------------- lump sum price
Rs. -------------- (Rs. In words) as negotiated to Rs --------- (Rs. In Words) in accordance with the instructions to
bidders vide letter under reference no 3 above is here by accepted by the MMRDA.
You are hereby requested to furnish Performance Security in the form detailed in clause 4.2 of GCC and
as modified in PCC of Rs ----------- valid up to 28 days from the date of expiry of Defects Liability Period i.e. up to
---------- in the form detailed in Para 4.2 of ITB within 28 days of the receipt of this letter of acceptance and sign
the contract, failing which action as stated in clause 42 of ITB will be taken
Yours faithfully,
Sd/-
Chief Engineer
Bidder 061 MMRDA

FORM No. COF/2
Issue of Notice to commencement of work
(On Letterhead of the Employer)

By Fax / Courier
No.---------------------- Engineering Division Date: / /
To,
Name of Contractor
Address--------------
Sub:. Notice to proceed with the work
Ref: 1) This office letter of acceptance no. --------------

2.) Agreement with MMRDA on -----------------------.
Dear Sir,
Pursuant to your pledging the requisite Bank Guarantee against performance security issued by------- Bank Ltd , -
-------- Mumbai bearing Bank Guarantee No. ----------- dated ------ --- amounting to Rs. -------- /- valid up to -------
and, as per Clause 42 of Instruction to Bidders of Tender document and signing of the contract agreement
for the work of on --------- at bid price of Rs --------------- (Rs. In words) which is lumpsum Rs. ---------- (i.e. Rs. ------
------ ).You are hereby requested to proceed with the execution of the said work in accordance with contract
documents. The date of starting of work shall be reckoned from the date of issue of notice to proceed with the
work. The time limit to complete this work is Thirty Six calendar months including monsoon. It is hereby
requested to furnish the detailed programme of the work in the form of CPM/PERT including Environment
Management Plan(EMP).
Yours faithfully
(Sd/-)
Chief Engineer
D.A. - Certified Tender Copy
Bidder 062 MMRDA

FORM No. COF/3
CONTRACT AGREEMENT
MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY
THESE ARTICLES OF AGREEMENT made at Mumbai this __________ day of_____________ Two Thousand
…. between the Mumbai Metropolitan Region Development Authority constituted and established under section 3
th
of the Mumbai Metropolitan Region Development Act, 1974 and having its principal office on 5 floor, MMRDA
office Building, Plot Nos.C-14/15, Near Drive-in theatre, E Block, of BKC, Bandra (East), Mumbai 400 051
hereinafter called The Authority (which expression shall unless the context does not admit, include its successor
or successors and assign or assigns) of the one part and Shri ______________________________ Indian
inhabitant and being partners of the partnership firm carrying on business of Civil works in the name and
style of________________________ and having their office at________________, hereinafter called collectively
the Contractor (which expression shall unless that context does not admit, included their respective heirs,
administrators, executors and surviving partner or partners) of the other part WHEREAS the Authority invited by
its public advertisement No___________ dated___________ published in News paper_____________ dated
_____________public tenders (with their corrigendum complete) for the execution of works referred
to there in and more particularly described in the tender documents constituted in the Tender Notice, General
Tender Notice, Instructions to the Tenderers, General Conditions of contract, Specifications, Technical Report,
Schedule of Quantities of work and other allied documents. AND WHEREAS the contractor submitted their
tender dated ______________ for a lump sum of Rs. _____________ and whereas in exercise of its power
under clause-IV of. Sub-section (2) Section 6 of the Mumbai Metropolitan Region Development Authority Act,
1974. As amended up to date. The Executive Committee of the Authority approved of the said tender of the
contractor being accepted subject to the following terms and conditions in the executive committee __________
meeting held on _________ dated _________ vide resolution no. ____________. AND WHEREAS the parties
hereto are desirous of recording the agreement so concluded between them which they do hereinafter.
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. In this Agreement, words and expressions shall have the same meanings as are respectively assigned to
them in the Conditions of the Contract hereinafter referred to.
2. The following documents shall be deemed to form and be read and construed a part of this Agreement, and
the priority of the documents shall be as follows:
a) The Contract Agreement
b) The letter of Acceptance
c) The letter of Tender
d) Particular Conditions and
e) The General Conditions of Contract
f) Employers Requirements
g) The Schedules and
h) The contractors proposal and any other documents forming part of the Contract
3. In consideration of the payments to be made by the Employer to the Contractor as hereinafter

mentioned, the Contractor hereby covenants with the Employer to execute and complete the Works and
remedy and defects therein conformity in all respects with the provisions of the Contract.
Bidder 063 MMRDA

4. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion
of the works and the remedying of defects therein the Contract Price of such other sum as may become
payable under the provisions of the Contract at the times and in the manner prescribed by the Contract
.IN WITNESS whereof the parties hereto have caused this Agreement to be executed the day and year
first before written:
SIGNED AND DELIVERED FOR AND ON)

BEHALF OF MUMBAI METROPOLITAN)
REGION DEVELOPMENT AUTHORITY) Signature
By Engineer pursuant to approval dated _______)

of the Authority ) Designation
In the presence of :
(1)
(2)
Bidder 064 MMRDA

FORM No. COF/4
BANK GUARANTEE FOR PERFORMANCE SECURITY AND ADDITIONAL PERFORMANCE SECURITY
In Consideration of the Mumbai Metropolitan Region Development Authority (hereinafter called the MMRDA)
having agreed to exempt______________________________ (hereinafter called the said contractor(s) from the
demand, under the terms and conditions of an agreement dated________________ made between the
Executive Engineer (ED) MMRDA and_____________________________________for________________
(hereinafter called the said Agreement), of security deposit for the due fulfillment by the said contractor(s) of the
terms and conditions contained the said Agreement, on production of a Bank Guarantee for Rs._____________
(rupees____________________________).
We, _________________________________(hereinafter referred to as the Bank) at the request of

_______(Contractor(s) do hereby undertake to damage caused to or suffered or would be caused to or suffered
by the MMRDA by reasons of any breach by the said Contractor(s) of any of the terms or conditions contained in
the said Agreement.
We, ____ (indicate name of the bank) do hereby undertake to pay the amounts due and payable under this
guarantee without any demur merely on a demand from the MMRDA starting that the amount claimed is due by
way to loss or damage to or would be caused to or suffered by the MMRDA by reason of breach by the said
contractor(s) of any of the items or conditions contained in the said Agreement or by reasons of the contractor(s)
failure of repudiation to perform the said Agreement. Any such demand made on the bank shall be conclusive as
regards the amount due and payable by the Bank under this guarantee. However, our liability
under this guarantee shall be restricted to an amount not exceeding Rs.________________
We undertake to pay the MMRDA any money so demanded notwithstanding any dispute or disputes raised by
the contractor(s) in any suit or proceeding pending before any court or Tribunal relating thereto, our liability under
these presents being absolute and unequivocal. The payment so made by us under this bond shall be a valid
discharge of our liability for payment there under and the contractor(s) shall have no claim against us for making
such payment.
We, __________ (indicate the name of the Bank) further agree that the guarantee herein contained shall remain
in full force and effect during the period that would be taken for the performance of the said Agreement, and that
it shall continue to be enforceable till all the dues of the MMRDA under or by virtue of the said Agreement have
been fully paid and its claims satisfied or discharged or till the Executive Engineer (ED) of MMRDA __________
(indicate the name of Administrative Department) certified that the terms and conditions of the said Agreement
have been fully and properly carried out by the said Contractor(s) and accordingly discharges this guarantee.
Unless a demand or claim under this guarantee is made on us in writing on or before the ________________ we
shall be discharged from all liability under this guarantee thereafter.
We, ___________________ (indicate the name of Bank) further agree with the MMRDA that the MMRDA shall
have the fullest liberty without our consent and without affecting in any manner out obligation hereunder to vary
any of the terms and conditions of the said Agreement or to extend time of performance by the said contractor(s)
from time to time or to postpone for any time for from time to time any of the powers exercisable by the MMRDA
against the said contractor(s) and to forbear or enforce any of the terms and conditions relating to the said
agreement and we shall not be relieved from our liability by reasons of any such variation, or extension being
granted to the said contractor(s) or for any forbearance, act of commission on the part of the MMRDA or any
indulgence by the MMRDA to the said Contractor(s) or by any such matter or thing whatsoever which under the
law relating to sureties would, but for this provision, have effect of so relieving us.
Notwithstanding anything contained herein above, this guarantee is limited to Rs.________ shall remain in force
until. All claims hereunder must be presented to the guarantor, not after the said date, all your right under the
said guarantee shall be fortified we shall be discharged from all liabilities under this guarantee thereafter.
This guarantee will not be discharged due to the change in the constitution of the Bank or the contractor(s)/
Supplier(s).
We, _________________ indicate the name of Bank) lastly undertake not to revoke this guarantee during its
currency.
Date:- ___Day of ____20

For ____ (Indicate the name of the Bank)
Bidder 065 MMRDA

FORM No. COF/5
FORM OF ADVANCE PAYMENT GUARANTEE

To:
The Chief Engineer.
Engineering Division
Plot No. C-14 & 15,
MMRDA, Bandra-Kurla Complex,
Bandra (E), Mumbai 400 051, India.
Gentlemen,
In accordance with the provisions of the Conditions of Contract, sub clause 51.1 ("Advance Payment") of the
above-mentioned Contract, ______________ [name and address of Contractor] (hereinafter called "the
Contractor") shall deposit with_____ [name of Employer] a bank guarantee to guarantee his proper and faithful
performance under the said Clause of the Contract in an amount of ___ [amount of guarantee]1 __________ [in
words].
We, the ______ [bank or financial institution] ,as instructed by the Contractor, agree unconditionally and
irrevocably to guarantee as primary obligator and not as Surety merely, the payment to ______ [name of
Employer] on his first demand without whatsoever right of objection on our part and without his first claim to the
Contractor, in the amount not exceeding ______ [amount of guarantee]1 _________[in words].
We further agree that no change or addition to or other modification of the terms of the Contract or of
Works to be performed there under or of any of the Contract documents which may be made between ______
[name of Employer] and the Contractor, shall in any way release us from any liability under this guarantee, and
we hereby waive notice of any such change, addition or modification.
This guarantee shall remain valid and in full effect from the date of the advance payment under the
Contract until ______ [name of Employer] receives full repayment of the same amount from the Contractor.
Yours truly,
Signature and seal: Name of Bank/Financial Institution: Address:
Date: ____________________
An amount shall be inserted by the bank or financial institution representing the amount of the Advance Payment,
if any and denominated in Indian Rupees.
Bidder 066 MMRDA

FORM No. COF/6
BANK GUARANTEE IN LIEU OF RETENTION MONEY

To: [name and address of Employer]
WHEREAS [name and address of Contractor](hereinafter called The "Contractor") has undertaken, in pursuance
of Contract No. execute dated to [name of Contract and Brief Description of Works] (hereinafter called the
"Contract"); AND WHEREAS IT HAS BEEN AGREED BY YOU IN THE SAID contract that the Contractor has
option to replace the Retention Money with an un-conditional Bank Guarantee;
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of the
Contractor, upto a total of [Amount of the Bank Guarantee in figures], [Amount in words],# such sums being
payable in the types and proportions of currencies in which the Contract Price is payable, and we undertake to
pay you, upon your first written demand and without cavil or argument, any sum or sums within the limits of
[Amount of Guarantee] as aforesaid without your needing to prove or to show grounds or reasons for your
demand for the sum specified there in.
We hereby waive the necessity of your demanding the said debt from the Contractor before presenting us with
the demand.
We further agree that no change or addition to or other modification of the terms of the Contract or of the works
to be performed there under or of any of the Contract documents which may be made between you and the
Contractor shall in any way release us from any liability under this guarantee, and we hereby waive notice of any
such change, addition or modification.
This guarantee shall be valid till the ’Engineer’ certifies repayment of retention money in accordance with Sub-
Clause 14.9 of Particular Conditions, i.e. upto…………………
SIGNATUREAND SEAL OF THE GUARANTOR
Name of the Bank:
Address:
Date:
#An amount to be inserted by the Guarantor, representing the amount specified in the Contract, and
denominated either in the currency (ies) of the Contract or in a freely convertible
currency acceptable to the Employer
Bidder 067 MMRDA

FORM No. COF/7
UNDERTAKING FROM CONTACTORS.
I / We hereby confirm that all our submission is conforming to NIT and all other stipulations not
conforming to NIT stands withdrawn.
Signature of Contractor with stamp & Seal.
Bidder 068 MMRDA

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Improvement of Chheda Nagar Junction, Ghatkopar (East), on Eastern Express Highway. Vol-I.

MUMBAI METROPOLITAN REGION DEVELOPMENT

IMPROVEMENT OF CHHEDA NAGAR JUNCTION,

MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY.

Section No. Particulars Page No.

I INVITATION FOR BIDS (IFB) 2-7

II SECTION –II INSTRUCTIONS TO BIDDERS (ITB) 8-19

III SECTION-III BIDDING DATA (BDS) 20-24

IV SECTION-IV GENERAL CONDITIONS OF CONTRACTS (GCC) 25-25

V SECTION-V PARTICULAR CONDITIONS OF CONTRACT (PCC) 26-50

VI SECTION-VI APPENDIX TO TENDER 51-59

VII SECTION VII- FORMS OF SECURITY AND CONTRACT FORMS 60-68

MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY

DETAIL E –TENDER NOTICE

E Tender notice No. ED/CHN/246/2017

Sr. Name of work Estimated cost of Bid Security Completion

2. Online e-Tender Schedule

C. --------- Bid Preparation and 13.10.2017 18.12.2017

D. Tender Closing --------- 18.12.2017 19.12.2017

F. Opening Envelope A-Tender Fees, BID --------- 21.12.2017 21.12.2017

G. Opening Envelope B - Technical Bid --------- 21.12.2017 21.12.2017

BID SECURITY Refund will happen only after awarding of tenders.

Account title – Mumbai Metropolitan Region Development Fund

The bidder should fulfill following qualification criteria:-

Revision or Amendment in Tender Document:

Joint Venture is not allowed.

The date of Prebid meeting is on 07.11.2017 at 15.00 hrs.

GUIDELINES FOR SUBMISSION OF e-TENDER

Tenderer shall upload scanned copies of the following:-

a) Receipt of e- tender fee.

e- Envelope B (Technical Bid)

Tenderer shall upload scanned copies of the following:-

g) All documents as per Eligibility Criteria as mentioned in detail e- Tender Notice.

e-Envelope-C (Financial bid)

b) Upload the digitally signed Tender Documents.

Procedure for Tender Opening

Section II - Instructions to Bidders (ITB)

(c) Bidder shall not be Blacklisted in any Govt./Semi Govt. organizations.

5. Qualification 5.1 The Bidders shall, as part of their bid: :

(x) authority to seek references from the bidder’s bankers;

As a minimum, bidders shall upload the following information:

i. evidence of access to lines of credit and availability of other financial

The bidder should fulfill following qualification criteria:-

b. Completed in last Five financial years as a prime contractor appointed by

Bidder 010 MMRDA

13.2 Clarification of Bids to assist the process of examinations evaluation and

Bidder 011 MMRDA

a. as specified in BDS shall be paid by mode of electronic transfer ie NEFT/

17.5 The bid securities of unsuccessful bidders will be returned as promptly as

17.7 The bid security may be forfeited

Bidder 012 MMRDA

21.2 e-Envelopes No. A shall contain the following documents

Bidder 013 MMRDA

appropriate class with the Government of Maharashtra or other State

21.3 e-Envelope No. B shall contain the Technical Proposal.

a. Contractor’s designs, the necessary details of the Contractor’s proposals e.g.

b. Activities work schedule and proposed site organization (Form Qualification

21.40 The e- Envelope No. C shall contain the Financial Proposal.

(a) Prepared and submitted in accordance with ITB .

Assessed Available Bid capacity = (AN2) - B