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Page 1 of 19 JC(HQ)/MCG/2012/996 20-MAR-2012 MUNICIPAL CORPORATION, GURGAON SHORT TENDER NOTICE Sealed Tenders on prescribed form are invited from Companies/Organizations/NGOs having experience of facility management or Sanitation work on behalf of Commissioner, Municipal Corporation, Gurgaon to undertake the task of 7am to 5pm Complete Sanitation of Zone 1. List of area/colony/villages attached at Section 1. Sanitation Staff required for Zone 1 will be (Safai karamchari 702 and Supervisor 40) The service provider shall be responsible for Complete Sanitation of the Zone 1 from 7am to 5pm of the day every day. The tasks involved are: 1. Daily Sweeping (once in the morning and then in the afternoon) of all streets, Chaupals, Cemetery, Community Center and all open spaces and public places of the Zone 1, collecting and transporting to the designated Solid Waste Collection Point in Zone 1 of all Solid Wastes including poly bags, sachets, plastics, over grown vegetation, discarded items, litter, kitchen waste etc. that do not belong to the street whether lying on the street or attached to a tree/plant/pole or any movable or immovable fixture on the street. Absolute clean environment is expected during 11 Am to 4 PM during the day. 2. Twice Daily collection and transportation to the designated Solid Waste Collection Point of MSW 3. Providing suitable Dustbins in adequate numbers in the Zone 1 and maintenance thereof at all times in spic and span condition. List is attached at Section 2. 4. Daily Surface Cleaning of all Open Drains, Street Gully, openly disposed Sewage and maintaining them blockage free and deposition of silt so removed at site within the Zone 1 to be designated by the MCG. 5. Immediate removal of small and large Dead Animals including rat, cat, dog, goat, sheep, cow, bull, buffalo etc. from the street and bury them as per MSW Rules 2000. 6. Additionally, the Service Provider shall have to provide reports which will be mentioned in the work order. Required report formats will be provided with work order. 7. The attendance of staff deployed shall be monitored through biometric device provided by the Municipal Corporation Gurgaon. 8. The attendance of staff will be monitored in presence of designated monitors – one of them should be the councilor of the ward/ Citizens of the area/RWA of the colony). 9. Monitors/ Monitoring team will monitor safai karamcharis during the day and submit his report prescribe directly to the call center. 10. The responsibility for safety and proper functioning of the device provided shall fully rest on the contractor. Detailed Tender Document can be seen and downloaded from www.mcg.gov.in. Request for Proposal document and other information can be obtained from the office of the Joint Commissioner on payment of Rs. 5000 (non-refundable Demand Draft in favour of Commissioner Municipal Corporation, Gurgaon) on any working day, till 09- APR-2012 03:00 PM. Pre-bid Meeting is scheduled at 03-APR-2012 in the Conference Room of MCG. Interested parties to submit Technical Bid along with Demand Draft of Earnest Money in sealed envelope. The sealed tenders in prescribed format shall reach in the office of the Joint Commissioner Municipal Corporation, Gurgaon, Civil Lines Street, Near Pushpanjali Hospital, Gurgaon, Haryana - 122001 on 10-APR-2012 till 03:00 PM with an earnest money of Rs. 4,50,000/- in the form of Demand Draft/Pay Order favoring “Commissioner, Municipal Corporation Gurgaon”. Any tender without EMD shall be summarily rejected. This is a two bid tender. The bidder must submit two bids, a Technical Bid and a Financial Bid (Financial bid to be submitted online at http://mcg.etenders.in after registering yourself as a bidder). Technical bid must reach the office of MCG on 10-APR-2012 by 3:00pm and the financial bid shall be submitted online on 10-APR-2012 by 3:00pm. Commissioner Municipal Corporation, Gurgaon reserves the rights to accept reject any/all tenders without assigning any reason thereof at any time and allocate work in full or in part to one or more Service Providers. Joint Commissioner For Commissioner Municipal Corporation, Gurgaon

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Page 1: MUNICIPAL CORPORATION, GURGAON - e Tendersmcg.etenders.in/tnduploads/mcg/pressnotices/PRSN11.pdfPage 2 of 19 Cleanliness of areas falling within the limits of Municipal Corporation

Page 1 of 19

JC(HQ)/MCG/2012/996 20-MAR-2012

MUNICIPAL CORPORATION, GURGAON SHORT TENDER NOTICE

Sealed Tenders on prescribed form are invited from Companies/Organizations/NGOs having experience of facility management or Sanitation work on behalf of Commissioner, Municipal Corporation, Gurgaon to undertake the task of 7am to 5pm Complete Sanitation of Zone 1. List of area/colony/villages attached at Section 1. Sanitation Staff required for Zone 1 will be (Safai karamchari 702 and Supervisor 40)

The service provider shall be responsible for Complete Sanitation of the Zone 1 from 7am to 5pm of the day every day. The tasks involved are:

1. Daily Sweeping (once in the morning and then in the afternoon) of all streets, Chaupals, Cemetery, Community Center and all open spaces and public places of the Zone 1, collecting and transporting to the designated Solid Waste Collection Point in Zone 1 of all Solid Wastes including poly bags, sachets, plastics, over grown vegetation, discarded items, litter, kitchen waste etc. that do not belong to the street whether lying on the street or attached to a tree/plant/pole or any movable or immovable fixture on the street. Absolute clean environment is expected during 11 Am to 4 PM during the day.

2. Twice Daily collection and transportation to the designated Solid Waste Collection Point of MSW 3. Providing suitable Dustbins in adequate numbers in the Zone 1 and maintenance thereof at all times in spic and span

condition. List is attached at Section 2. 4. Daily Surface Cleaning of all Open Drains, Street Gully, openly disposed Sewage and maintaining them blockage free and

deposition of silt so removed at site within the Zone 1 to be designated by the MCG. 5. Immediate removal of small and large Dead Animals including rat, cat, dog, goat, sheep, cow, bull, buffalo etc. from the street

and bury them as per MSW Rules 2000. 6. Additionally, the Service Provider shall have to provide reports which will be mentioned in the work order. Required report

formats will be provided with work order. 7. The attendance of staff deployed shall be monitored through biometric device provided by the Municipal Corporation Gurgaon. 8. The attendance of staff will be monitored in presence of designated monitors – one of them should be the councilor of the

ward/ Citizens of the area/RWA of the colony). 9. Monitors/ Monitoring team will monitor safai karamcharis during the day and submit his report prescribe directly to the call

center. 10. The responsibility for safety and proper functioning of the device provided shall fully rest on the contractor.

Detailed Tender Document can be seen and downloaded from www.mcg.gov.in.

Request for Proposal document and other information can be obtained from the office of the Joint Commissioner on payment of Rs. 5000 (non-refundable Demand Draft in favour of Commissioner Municipal Corporation, Gurgaon) on any working day, till 09-APR-2012 03:00 PM. Pre-bid Meeting is scheduled at 03-APR-2012 in the Conference Room of MCG. Interested parties to submit Technical Bid along with Demand Draft of Earnest Money in sealed envelope. The sealed tenders in prescribed format shall reach in the office of the Joint Commissioner Municipal Corporation, Gurgaon, Civil Lines Street, Near Pushpanjali Hospital, Gurgaon, Haryana - 122001 on 10-APR-2012 till 03:00 PM with an earnest money of Rs. 4,50,000/- in the form of Demand Draft/Pay Order favoring “Commissioner, Municipal Corporation Gurgaon”. Any tender without EMD shall be summarily rejected. This is a two bid tender. The bidder must submit two bids, a Technical Bid and a Financial Bid (Financial bid to be submitted online at http://mcg.etenders.in after registering yourself as a bidder). Technical bid must reach the office of MCG on 10-APR-2012 by 3:00pm and the financial bid shall be submitted online on 10-APR-2012 by 3:00pm. Commissioner Municipal Corporation, Gurgaon reserves the rights to accept reject any/all tenders without assigning any reason thereof at any time and allocate work in full or in part to one or more Service Providers.

Joint Commissioner For Commissioner Municipal Corporation, Gurgaon

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Cleanliness of areas falling within the limits of Municipal Corporation Gurgaon is one of the prime functions of the Corporation. The usual method of outsourcing manpower/machinery for sanitation work is based merely on controls on attendance of manpower and hours logged by machinery. This is fraught with risks of corruption and almost little attention to the quality of work. MCG wishes to test the feasibility of a new model wherein payment to the Service Provider will be made 50% of the quoted labor cost on the basis of bio-metrics attendance and remaining on the basis of quality of work output, both in prevention and promptness in the redress of violations. MCG shall asks its officials to frequently inspect the actual prevailing conditions in the area and update the portal of Municipal Corporation Gurgaon with photographs of violations observed by them. Citizens will also be free to do so. The Service Provider will get SMS and email alerts as soon as violations are uploaded on the Portal. Service provider will also make sure that his supervisors are monitoring the web portal for current complaints. It will be the responsibility of the Service Provider to clear the sanitary situation/ unaesthetic look and update Portal (www.mcg.gov.in) within 120 minutes to avoid penalties. Violations reported by Monitoring officials of MCG will also attract additional penalties, whether or not redressed in time. Any violations after 2 pm will directly attract penalty – the Service Provider will ensure that the violation was not created after 2 pm of the same day by keeping the entire area clean.

Section 1 List of Area/Colony/Villages

Zone Ward Locality

1 TIKAMPUR

1 1 Jahazgarh

1 8 BASAI

1 8 BASAI VILLAGE

1 8 DHANWAPUR VILLAGE

1 8 GHAROLI KALAN

1 8 GHAROLI KALAN VILLAGE

1 8 RAM VIHAR

1 8 TEK CHAND NAGAR

1 9 AMBEDKAR NAGAR

1 9 DEVILAL COLONY

1 9 RAVI NAGAR

1 9 SURYA VIHAR

1 11 JYOTI PARK

1 11 KRISHNA COLONY

1 12 MADAN PURI

1 19 MINI SECETREATE

1 19 OM NAGAR

1 19 SHANTI NAGAR

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1 19 SHIVAJI NAGAR

1 21 BALDEV NAGAR

1 21 MANOHAR NAGAR

1 21 NAI ABADI

1 22 BASAI ENCLAVE

1 22 BHAVANI ENCLAVE

1 22 KADI PUR

1 22 KADIPUR ENCLAVE

1 22 VISHWAKARMA COLONY

1 22 KADIPUR VILLAGE

1 22 KRISHNA NAGAR

1 23 KHANDSA

1 23 KHANDSA VILLAGE

1 23 SARASWATI ENCLAVE

1 24 GHAROLI KHURD

1 24 GHAROLI KHURD VILLAGE

1 24 KHERKI DAULA

1 24 KHERKI DAULA VILLAGE

1 24 MOHAMMADPUR JHARSA

1 24 MOHAMMADPUR JHARSA VILLAGE

1 24 NARSINGHPUR

1 24 NARSINGHPUR VILLAGE

1 24 SIHI VILLAGE

1 24 HARSARU VILLAGE

Section 2 MSW Pick points/ Dustbin Points

Details Of Dustbin Point & Dustbin Size in MCG Zone – 1 Z W Area Name Attendance

Point Transit Point

Dustbin Placed

Dustbin Nos.

Dustbin Size

No Of Transit Point

1 8 Vill. Basai Animal Hospital

Infront of Animal Hospital

1 Nos. 3 Cum 08-Jan

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1 8 Vill. Dhanwapur

Community Centre

Near S.S School

1 Nos. 3 Cum 08-Feb

1 8 Vill. Gadoli Kalan

Old Age Home

Main Road Near Pond

1 Nos. 4.5 Cum

08-Mar

1 8 Tekchand Nagar

Bajgehra Road

2 Nos. 3 Cum 8/4 8/5

1 9 Firoj Ghandhi Colony Part-11

Behind Sanju P.House Shani Mandir

3 Cum 9/1 9/2

1 12 New Colony Tikona Park Tikona Park 2 Nos. 3 Cum 12/1 12/2

1 12 Madanpuri Gali. No.3 Near Park

Madanpuri main road opp. Petrol Pump

2 Nos. 3 cum 12/312/4

1 13 Bara Bazaar Bara Bazaar on main road

13/113/2

1 19 Shivaji Nagar Behind S.C.E.R.T. Vasishit Goel ke Samne

1 Nos. 3 Cum 19-Jan

1 19 Mini Secriateate

Mini Secriateate

2 Nos. 3 Cum 19/219/3

1 19 Civil Court Civil Court 2 Nos. 3 Cum 19/419/5

1 21 Village Harsaru Harijan Chopaal

vill. Enter Point

21-Jan

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1 21 Bhuteshwar Mandir

On Basai Road Near Mndir

21-Feb

1 21 Amar Colony Main Road Near Electric Tanki

2 Nos. 3 Cum 21/321/4

1 21 Auto Market On Basai Road Near Auto Market

2 Nos. 3 Cum 21/521/6

1 21 Patudi Chowk Patudi Chowk

2 Nos. 1 Cum 21-Jul

1 22 Vill. Kadipur Near Govt.School

i.Opp.Petrol Pump ii.Near s.s. School iii.Blue Bells School

22/122/222/3

1 22 Basai Enclave Open -land 1 Nos. 5 Cum 22-Apr

1 22 Firoj Ghandhi Colony

Firoj Ghandhi Colony near Hanumaan Mandir

1 Nos. 3 Cum 22-May

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1 22 Kadipur Industrial Areas

i.Near Sulab Toilet ii . Sec-10 Mian road

22/6 22/7

1 22 Bhavani Enclave

i.25 foot road ii. Near Pushpanjali Hospital

22/8 22/9

1 23 Vill. Khandsa Near Balaji Mandir

Opp. S.S School

1 Nos. 3 Cum 23-Jan

1 24 Vill.Kherki Dhoula

Near Govt School

Near Shani Mandir

1 Nos. 3 Cum 24-Jan

1 24 vill.Mohammad pur

Near Govt School

Near Service Road

1 Nos. 3 Cum 24-Feb

1 24 vill.Narsinghpur Bedi Bazaar Near Highway road on service Road

1 Nos. 3 Cum 24-Mar

1. Submission of Tender This is a two bid tender. The bidder must submit two bids, a Technical Bid and a Financial Bid (Financial bid to be submitted online at http://mcg.etenders.in after registering yourself as a bidder). The envelope containing technical bid, which must explain how the work is proposed to be carried out, should also include Demand Draft of Earnest Money. The financial bid will be opened only of those bidders whose bid qualifies technically. The second sealed envelope should contain only the Financial Bid.

1. Technical Bid shall consist of following: Any Bid Document Without the following Documents will be rejected.

Detailed plan of carrying out operations as per scope of work explaining how you will ensure absolute cleanliness from 11 Am to 4 PM every day

Bid Proposal sheet duly filled in, signed and complete in all aspects

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Details of Man power deployment

Details of Machinery deployment

Time and place of attendance will be as following:-

Details (including numbers, sites, design and capacity) of Dustbins proposed to be installed. Vendor will do a survey of the area and will propose the number of Bins.

Information Technology infrastructure both on-site and off-site for management of reporting and uploading on Portal at www.mcg.gov.in

Vendor will provide the list of vehicles which will carry MSW. In case of Hired vehicles the contracted vehicles shall be exclusive for Service Provider for the period of the Contract. Proof of Such Contract/Actual RC.

References of clients where he is rendering/rendered sanitation service to enable MCG to see for itself the standard of Service Provider’s quality of work. Certificates from clients regarding the length and quality of service shall be preferred.

The Bidder must have executed or have a work order of Sanitation or facility management work amount not less than Rs. 1 Crore in last one year and should have a minimum turnover of Rs. 2 Crore each in last 2 financial years.

Copies of Audited Balance Sheet of last 3 years

Proof of receipt of purchase of Tender

The Earnest Money of Rs. 4,50,000/- (Four Lakh Fifty Thousand Rupees) in the form of Bank Demand Draft in favor of Commissioner, Municipal Corporation, Gurgaon, payable at Gurgaon.

Bank Accounts Details for automated RTGS payment including RTGS number

2. Financial Bid must consist of following:

Bid prices duly filled, signed and complete as per the Price Schedule on the prescribed Proforma.

2. Scope of Work

The successful bidder, hereafter called the Service Provider, is expected to take over complete sanitation of the Zone 1

3. The Service Provider shall be responsible for Complete Sanitation of the Zone 1 from 7am to 5pm involving work as mentioned below inclusive of all public places like Chaupal, Cemetery, and Community Center etc. The word Street in this document for all purposes is defined as the space between boundary line of privately owned buildings on both sides of the Street inclusive of central verge, service streets, pedestrian paths, green spaces and all vacant plots abutting the street, irrespective of their ownership in the said Zone 1: Sanitation Staff required for Zone 1 will be (Safai karamchari 702 and Supervisor 40)

1. Daily Sweeping (once in the morning and then in the afternoon) of all streets, Chaupals, Cemetery, Community Center and all open spaces and public places of the Zone 1, collecting and transporting to the designated Solid Waste Collection Point in Zone 1 of all Solid Wastes including poly bags, sachets, plastics, over grown vegetation, discarded items, litter, kitchen waste etc. that do not belong to the street whether lying on the street or attached to a tree/plant/pole or any movable or immovable fixture on the street. Absolute clean environment is expected during 11 Am to 4 PM during the day.

2. Twice Daily collection and transportation to the designated Solid Waste Collection Point of MSW

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3. Providing suitable Dustbins in adequate numbers in the Zone 1 and maintenance thereof at all times in spic and span condition. List is attached at Section 2.

4. Daily Surface Cleaning of all Open Drains, Street Gully, openly disposed Sewage and maintaining them blockage free and deposition of silt so removed at site within the Zone 1 to be designated by the MCG.

5. Immediate removal of small and large Dead Animals including rat, cat, dog, goat, sheep, cow, bull, buffalo etc. from the street and bury them as per MSW Rules 2000.

6. Additionally, the Service Provider shall have to provide reports which will be mentioned in the work order. Required report formats will be provided with work order.

7. The attendance of staff deployed shall be monitored through biometric device provided by the Municipal Corporation Gurgaon.

8. The attendance of staff will be monitored in presence of designated monitors – one of them should be the councilor of the ward/ Citizens of the area/RWA of the colony).

9. Monitors/ Monitoring team will monitor safai karamcharis during the day and submit his report prescribe directly to that call center.

10. The responsibility for safety and proper functioning of the device provided shall fully rest on the contractor.

4. Service Provider is free to decide on how to execute the work. Municipal Corporation Gurgaon will inspect man power deployment and the output of work performed on daily basis and also as per list of required equipments/machinery defined in annexure 2

TERMS and CONDITIONS Filing of Bid

5. This tender document is not transferable. 6. Schedule for Invitation of Tender:

1. Addressee and Address at which Tenders to be submitted: Municipal Corporation, Gurgaon, Haryana Email: [email protected] Phone: (0124) 2220011 Fax: (0124) 2225243

2. Last Date of Sale of Tender: 09-APR-2012 till 03:00 PM 3. Last date and time for receipt of Tenders: Up to 03:00 on 10-APR-2012 4. Place Time and Date of opening of Technical Bids:

Municipal Corporation, Civil Line, Gurgaon At 04:00 on 10-APR-2012

5. Place Time and Date of opening of Financial Bids: Office of the Concerned Joint Commissioner as mentioned above. The date of opening of the financial bids shall be intimated subsequently and the financial bids of only those Service Providers shall be opened who will qualify the technical bid criteria.

6. Date till which the tender is valid: 90 days from the opening of the Technical Bid i. The MCG shall not be responsible for any postal delay about non-receipt / non-delivery

of the documents. ii. Conditional Tenders and tenders with deviations will be summarily rejected.

7. The bidder shall bear all costs associated with the preparation and submission of its Bid, including cost of presentation for the purposes of clarification of the bid, if so desired by the MCG and MCG will in no

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case be responsible or liable for those costs, regardless of the conduct or outcome of the Tendering process.

8. The bidder is expected to examine all instructions, forms, terms and specifications in the Tender Document. Failure to furnish all information required in the Tender Document or submission of a bid not substantially responsive to the Tender Document in every respect will be at the bidders risk and may result in the rejection of the bid.

9. A prospective bidder requiring any clarification of the Tender Document may notify the MCG in writing. The MCG will respond in writing to any request for clarification of the Tender Document, received, not later than 7 days prior to the last date for the receipt of bids prescribed by the MCG.

10. Written copies of the MCG responses (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective bidders who have received the Tender Document.

11. Any agency/company blacklisted by any government agencies in India shall not be allowed to participate in the tender

12. At any time the MCG may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective bidder, modify the Tender Document by an amendment.

13. The amendment will be notified in writing or by email or fax to all prospective bidders who have purchased the Tender Documents and will be binding on them.

14. In order to afford bidders reasonable time in which to take the amendment into account in preparing their bids, the MCG may, at its discretion, extend the last date for the receipt of Bids.

15. The Bids prepared by the prospective bidder and all correspondence and documents relating to the bids exchanged by the prospective bidder and the MCG, shall be written in the English language, provided that any printed literature furnished by the bidder may be written in another language so long as accompanied by an English translation in which case, for purposes of interpretation of the bid, the English translation shall govern.

16. The bidder can be an individual company/firm/NGO or a group of companies/firms as a Consortium of maximum three 3 members with one as the prime bidder.

17. The bidder shall make independent enquiry and satisfy itself with respect to all the required information, inputs, conditions and circumstances and factors that may have any effect on his bid. While submitting Bid the Bidder shall be deemed to have inspected and examined the prevailing conditions all along the street, figured out what laws and regulations of the Government of India and of Haryana have a bearing on his proposed operations on the street. The mere filing of the bid shall be a presumption of an acknowledgment that, on being selected as the Service Provider he shall not be entitled to any extension of time or financial compensation by reason of the obtaining conditions at the Site for whatever reason.

18. The prices quoted shall be inclusive of all Taxes, fees, charges and duties throughout the period of contract & this contract.

19. The bidder should further clarify that the individual signing all documents in connection with the tender whether he or she signs as: -

i. A partner of the firm if it is partnership, in which case he must have authority to refer to arbitration disputes concerning the business partnership either by virtue of the

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partnership agreement or a power of attorney. In the alternative the tender should be signed by all the partners.

ii. Constituted attorney of the firm, if it is a company. 20. The bidder shall deposit an Earnest money of 4,50,000/- in the form of Bank Draft in favor of

Commissioner, Municipal Corporation, Gurgaon payable at Gurgaon. Tenders submitted without earnest money shall be rejected.

In the Event of Bidder being selected as the Service Provider

1. The MCG reserves the right to outsource complete or a part of the job and the MCG’s decision in this matter shall be final.

2. Upon award of the tender the Service Provider shall have to deposit a security amount equal to 10% of the total annual value of the work within four days from the date of work order. Failure to do so will result in forfeiture of EMD and cancellation of work order. This Security deposit will be refunded only after 3 months of successful completion and signoff of work.

3. A Detailed work agreement will be signed by the Service Provider with Municipal Corporation Gurgaon 4. The Service Provider shall have to ensure that MSW is collected as per MSW Management and

Handling Rules, 2000 and ensure that following activities are not allowed to be undertaken: a. Burning of garbage/MSW in any manner b. Mixing of Bio-Medical waste with the MSW c. Mixing of other types of wastes such as Industrial Waste, Hazardous Waste, carcass, e-waste

and Construction waste with the MSW?? 5. That Service Provider shall be solely responsible for all Central/State Government statutory

compliances especially the laws related with Labour, Labour Welfare, Minimum Wages etc. If any notice is served to the Service Provider for any non-compliance by any Central/State Government authority, The Service Provider shall have to inform Municipal Corporation Gurgaon about its right away. The Service Provider shall also keep the MCG posted about all subsequent developments with regard to such notices.

6. The Service Provider shall be solely responsible for ensuring that the behavior of his staff, especially those engaged in the preemptive work, with the public is highly courteous. In case of an individual/ organization persistently ignoring the advice of the Service Provider’s personnel, the Service Provider shall bring the matter to the notice of Municipal Corporation Gurgaon of individual for initiating legal action against the defaulter.

7. The Monitors to be appointed by Commissioner, Municipal Corporation Gurgaon from time to time may make as many visits to the Zone 1 as they may desire and will make observations of violations/non-sanitary conditions with photographs supporting his/her observation. Such violations will be uploaded on the web portal of Municipal Corporation Gurgaon at www.mcg.gov.in. Monitors will be free to create such incidents of violations as they may like and upload them on the portal in case of being successful in a manner as if it is violation submitted by a Citizen. Let us put the exact realistic schedule of monitoring and reporting. Reporting schedule will be provided to the monitors

8. FAIR WAGES

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a. The Service Provider shall pay not less than fair wage/minimum wages to laborers engaged by him on the work as revised from time to time by the Government of Haryana. Fair Wages means minimum wages for time or piece of work, fixed or revised, as established by the State Government under the Minimum Wages Act, 1948.

b. The Service Provider shall, notwithstanding, the provisions of any Contract to the contrary, cause to be paid fair wages to laborers indirectly engaged on the work, including any labor engaged by his sub-Contractor in connection with the said work, as if the laborers have been immediately or directly employed by him.

c. In respect of all laborers, immediately or directly employed on the work, for the purpose of the Service Provider’s part of this agreement, the Service Provider shall comply with or cause to be complied with, Contract Labour Regulations made, or that may be made, the Government, from time to time, in regards to payment of wages, wage period, deductions from wages, recovery of wages not paid, and unauthorized deductions, maintenance of wages register, wage card, publication of scale of wages and other terms of employment, inspection and submission of periodical returns, and all other matters of a like nature.

d. Municipal Corporation Gurgaon shall have right to deduct, from the money due to the Service Provider, any sum required or estimated to be required for making good the loss suffered by a worker or workers by reasons of non-fulfillment of the conditions of the contract for the benefit of the worker or workers, non-payment of wages or of deductions made there from, which are not justified the terms of the contract or as a result of non-observance of the aforesaid regulations.

e. Compulsory to Submit ESI and EPF for all the staff working for MCG Sanitation contracts. i. PS and ESI shall be mentioned in the financial bid documents.

f. Security Deposit for an amount of 10% of tendered value shall be deposited into MCG account within 10 days of work order issuance.

g. The regulations, aforesaid shall be deemed to be part of this Contract and any breach thereof, shall be deemed to be breach of the Contract.

9. The tender will for a period of One year from the date of work order. 10. Force Majeure:

A. Notwithstanding anything to be contrary elsewhere contained in this Agreement between the parties, neither party shall, in any event regardless of the form of claim, be liable for

i. Any indirect, special, punitive, exemplary, speculative of consequential damages, including but not limited to, any loss of use, loss of data, business interruption, and loss of income or profit, irrespective of whether if has an advance notice of any such damages or

B. A party is not liable for failure to perform the party's obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist

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activities, nationalization, government sanction, blockage, embargo, strike, lockout or interruption or failure of electricity or telephone service.

C. If a party asserts Force Majeure as an excuse for failure to perform the party's obligation, then the nonperforming party must prove that the party took reasonable steps to minimize delay or damages caused by foreseeable events, that the party substantially fulfilled all non-excused obligations, and that the other party was timely notified of the likelihood or actual occurrence of an event.

11. Any disturbance caused in sanitary condition due to an ongoing engineering work whether of Municipal Corporation Gurgaon or of some other department will not be counted against Service Provider. However in cases of earth digging work which is left in open condition, the Service Provider will immediately cover it using Barricades at their own cost and submit a separate bill to Municipal Corporation Gurgaon for realization from the concerned contractor.

12. If an accident that has occurred on the street that has led to the loss of life, loss of property that requires police investigation, then Service Provider must not tamper the site. However as soon as police has completed their investigation such site shall be restored to sanitary condition. It shall of course be the duty of the Service Provider to immediately report such instances to Police at phone number 100 and also by clicking a picture and uploading to Gurgaon Police Facebook site.

13. The Service Provider will have to segregate waste right after collection in dry and wet category or as bio-degradable and non-bio-degradable components separately.

14. The Service Provider shall be allowed to remove the recyclable materials from the waste and make profits out of it. He shall also be allowed to use recyclable materials for composting or any other process. The Municipal Corporation Gurgaon will not claim any share out of the income derived out of these activities by the Service Provider. For carrying out such activities Municipal Corporation Gurgaon shall not provide any land or facility to the Service Provider

15. The Service Provider shall inform Call Center facility of MCG and update them about each violation that they have resolved. Call Center facility will verify such instances after telephonic verification from applicant/monitor and then will mark that violation as resolved.

16. 17. Municipal Corporation Gurgaon will provide bio-metrics finger scan reader to the Service Provider on

returnable basis (to be returned at the end of service term). The Service Provider will be responsible for getting all deputed staff registered in the servers of the Corporation before marking their attendance via Bio-Metrics reader. It will be responsibility of the Service Provider to keep the Bio-Metrics reader in ready to use condition and immediately take a replacement in case of failed equipment.

18. No Manual Attendance record whatsoever maintained will be counted for release of payment 19. The Service Provider or any of its personnel will not work on door to door collection of Garbage 20. There may be some informal operators carrying out the role of door to door collection of solid waste in

Zone 1. The Service Provider must ensure that such operators bring their solid waste to the prescribed collection site and carry out segregation tasks only at this site. The refuse left by such informal operator after segregation shall have to be gathered and transported to Bandhwari MSW treatment

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plant. It shall be the duty of Service Provider to ensure that no one, including such informal operators litter the streets or open spaces. Any littering so done by anyone shall have to be immediately addressed by the Service Provider by removing it to the prescribed site.

21. The Service Provider shall also be responsible for daily cleaning of Zone 1 Solid Waste Collection Point and spray to avoid foul odor.

22. The Service Provider shall also be responsible for routine spray of chemicals for prevention of Malaria and such diseases. MCG shall provide materials and machinery for such activities from time to time.

23. Other Conditions a. All disputes, differences, claims and demands arising under or pursuant to or touching the

contract shall be referred to the sole arbitrator of Commissioner, Municipal Corporation, Gurgaon. The award of the sole arbitrator shall be final and binding on both the parties under the provisions of the arbitration Act, 1996 or by statutory modification reenactment thereof for the time being in force. Such arbitration shall be held at Gurgaon.

b. In all matters and disputes arising there under, the appropriate Courts at Gurgaon alone shall have jurisdiction to entertain and try them.

c. The Service Provider must have valid PAN, EPF, ESI, Contract Labour license, Service Tax registrations and must comply with the provisions of these and other applicable labour and other laws.

d. The Service Provider shall, at his own expense, provide protective clothing, Photo Identity Cards (including name, age, address and designation) and equipments to all staff and labours engaged to the satisfaction of the Municipal Corporation Gurgaon, and on his failure to do so Municipal Corporation Gurgaon shall be entitled to provide the same and recover the cost from the Service Provider. Such clothing and equipment shall include, at minimum, protective footwear and gloves for workmen undertaking work of sweeping, waste removal and other allied works related to activities envisaged in the Contract.

e. The Service Provider shall, at his own expenses, provide first aid equipment at all camps and work sites to the satisfaction of the Commissioner, Municipal Corporation Gurgaon.

f. The Service Provider must cover all the employees deputed under all required insurance at his cost.

g. The Service Provider must transport Solid Waste in properly covered vehicles in good street worthy condition at his own cost as per MSW Rules, 2000

h. If at any time any malpractice is perpetrated by the Service Provider the entire dues of the Service Provider shall stand forfeited and MCG will institute punitive legal action in respect thereof.

Payments

24. The Service Provider will initially be allocated the work for a period of only 2 months on probation. Service Provider must be able to earn at least 75% of the quoted/negotiated amount as per penality criteria mentioned below. In case of failure to do so, the Work Order will stand cancelled and both the security deposit and EMD shall be forfeited. After this probation period of 2 months; if for any two consecutive months during the period of this contract the Service Provider is unable to earn more than

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80% of the quoted/negotiated amount as per penalty criteria mentioned below, this work order will be liable to be cancelled with EMD and Security Deposit forfeited.

25. Violation/Non-Sanitary Condition If any occurrence of the following instances is reported on the web site of Municipal Corporation Gurgaon at www.mcg.gov.in by anyone with proof in the form of photograph/video will be considered as violation/non-sanitary condition and a report of these will be automatically emailed to the Service Provider at an email address to be provided by the Service Provider:

a. Presence of litter/solid waste whether Recyclable or not b. Overflowing/untidy/dirty/broken dustbins c. Defaced poles/whether erected for street light, electric supply, telephone any defaced fixture

like and vent shafts etc. d. Blocked Drains, Street Gully or openly disposed sewage e. Presence of Dead Animal f. Any incidence that can reasonably be said to be a violation of any of the items 1 to 7 of scope of

work. 26. Work Performance will primarily be monitored by such Monitors of MCG as may be appointed by

Commissioner, Municipal Corporation Gurgaon from time to time. All Citizens will also be free to report violations and Service Provider shall have to resolve every such violation as reported in a period of 120 minutes to avoid penalties. Monitors may also give general guidance to reduce incidence of violations only in the first two weeks. Any report submitted after 4pm shall be counted for its resolution only in the next day.

27. Every violation reported on the web site of Municipal Corporation Gurgaon at www.mcg.gov.in by monitors will attract Rs. 25/- as penalty per report regardless whether or not resolved within 30 minutes in the first week from the start of work, Rs. 50/- per violation in the second week, Rs. 75/- per violation in the third week, Rs. 100 per violation in the fourth week and Rs. 200 per violation in the fifth and all subsequent weeks.

28. Though the monitors will take all care in this regard there’s a chance that sometimes merely on the basis of the provided photograph at www.mcg.gov.in the Service Provider may not be able to identify the site of problem. In such cases service provider shall be free to ask for further information to locate the site before he addresses the violation on the spot. Time so lost shall not be counted against the Service Provider provided he registers his inability to locate the site within the prescribed 120 minutes.

29. Schedule of Payment: The end objective of Municipal Corporation Gurgaon is ensuring absolute sanitary condition at all times from 7am to 5pm of Zone 1. So any occurrence of a violation which is reported on the web site of Municipal Corporation Gurgaon at www.mcg.gov.in and not fixed/resolved and reported within 120 minutes by the Service Provider at www.mcg.gov.in will lead to penalty/deduction of payment at the rate of 1% per 15 minute from payment due towards that day as the day of such occurrence of violation till the time it is not marked as resolved with photograph as proof. However, violations reported after 4pm and before 7am next day; its resolution and associated penalty will start at 7am. At the end of the day sum of all penalty % ages for violations not resolved in 120 minutes shall be divided by the total number of violations not resolved within 120 minutes on the portal that day,

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whether by Monitors or Citizens. The penalty %age for the day’s payment will equal the quotient of this division.

30. Service Provider will be automatically paid based on matrix defined below at the end of the month.

Labor Man Days as per bio-metrics attendance multiplied by minimum wage or 50% of cost quoted in financial bid at “A”(iii) whichever is lower

Transportation Sum of entries made daily as per Clause 15 on the web portal multiplied by cost quoted in Financial Bid at “B” (i)

The difference of bid/negotiated price and the minimum automatic payment as detailed above will be the maximum amount of penalty that can be levied as per the penalty structure defined in clause 28 above and this remaining amount will be paid within 7 days from the date of submission of bill.

For further information, please contact:

Commissioner Municipal Corporation, Gurgaon Email: [email protected] Phone: (0124) 2220011 Fax: (0124)2225243

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BID PROPOSAL SHEET Zone 1

Service Provider’s Proposal Reference No. & Date:

Service Provider’s Name & Address:

Person to be contacted:

Designation:

Telephone No:

Fax No:

Mob No:

Email address:

“A” Estimated Area (in Sq. Mt.) to be swept including streets, open spaces, Chaupals, Cemetery and all public places in the Zone 1 Area in Sq. Mt. ___________________

“W” Estimate number of Sanitation Workers per day Number of Workers ________________

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PARTICULARS OF SERVICE PROVIDERS

SERVICE PROVIDER’S PARTICULARS FOR TENDER NO.__________________________ 1. Name of the Service Provider: _________________________ 2. Address of the Service Provider: __________________________________________________ __________________________________________________ 3. Year of Establishment (Of prime bidder in case of Consortium):___________ 4. Prior Similar Experience (Bidder or a Member of the Consortium)

Serial# Prime Bidder or Member Name

Year Experience in handling such similar Government Project

5. Gurgaon Office Details (Bidder or a Member of the Consortium)

Sr.No. Prime Bidder or Member

Office Address in Gurgaon/ NCR/ Delhi

6. Name & address of the officer :_____________________________ to whom all references shall be _____________________________ made regarding this tender. _____________________________ 7. Earnest Money Deposited Details:

Sr.No. DD No & Date Issuing Bank Amount Validity Date

8. Proof of turnover (Audited Balance Sheet of last three years). As of this date the information furnished in all parts of this form is accurate and true to the best of my knowledge.

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Signature Signature

Name Name

Designation Designation

Address

Address

Company Company

Date Date Company

Seal Company

Seal

Company Seal (With name & designation of the person signing the tender)

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Quotation Proforma - Financial Bid Name of Company/Firm:___________________________________________ Zone 1

A. Total Cost # Total Amount In Rupees (per month)

D Total Amount

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JC(HQ)/MCG/2012/997 20-MAR-2012 «DispatchDate»

MUNICIPAL CORPORATION, GURGAON SHORT TENDER NOTICE

Sealed Tenders on prescribed form are invited from Companies/Organizations/NGOs having experience of facility management or Sanitation work on behalf of Commissioner, Municipal Corporation, Gurgaon to undertake the task of 7am to 5pm Complete Sanitation of Zone 2 . List of area/colony/villages attached at Section 1. Sanitation Staff required for Zone 2 will be (Safai karamchari 524 and Supervisor 29)

The service provider shall be responsible for Complete Sanitation of the Zone 2 from 7am to 5pm of the day every day. The tasks involved are:

1. Daily Sweeping (once in the morning and then in the afternoon) of all streets, Chaupals, Cemetery, Community Center and all open spaces and public places of the Zone 2 , collecting and transporting to the designated Solid Waste Collection Point in Zone 2 of all Solid Wastes including poly bags, sachets, plastics, over grown vegetation, discarded items, litter, kitchen waste etc. that do not belong to the street whether lying on the street or attached to a tree/plant/pole or any movable or immovable fixture on the street. Absolute clean environment is expected during 11 Am to 4 PM during the day.

2. Twice Daily collection and transportation to the designated Solid Waste Collection Point of MSW 3. Providing suitable Dustbins in adequate numbers in the Zone 2 and maintenance thereof at all times in spic and span

condition. List is attached at Section 2. 4. Daily Surface Cleaning of all Open Drains, Street Gully, openly disposed Sewage and maintaining them blockage free and

deposition of silt so removed at site within the Zone 2 to be designated by the MCG. 5. Immediate removal of small and large Dead Animals including rat, cat, dog, goat, sheep, cow, bull, buffalo etc. from the street

and bury them as per MSW Rules 2000. 6. Additionally, the Service Provider shall have to provide reports which will be mentioned in the work order. Required report

formats will be provided with work order. 7. The attendance of staff deployed shall be monitored through biometric device provided by the Municipal Corporation Gurgaon. 8. The attendance of staff will be monitored in presence of designated monitors – one of them should be the councilor of the

ward/ Citizens of the area/RWA of the colony). 9. Monitors/ Monitoring team will monitor safai karamcharis during the day and submit his report prescribe directly to the call

center. 10. The responsibility for safety and proper functioning of the device provided shall fully rest on the contractor.

Detailed Tender Document can be seen and downloaded from www.mcg.gov.in.

Request for Proposal document and other information can be obtained from the office of the Joint Commissioner on payment of Rs. 5000 (non-refundable Demand Draft in favour of Commissioner Municipal Corporation, Gurgaon) on any working day, till 09-APR-2012 03:00 PM. Pre-bid Meeting is scheduled at 03-APR-2012 in the Conference Room of MCG. Interested parties to submit Technical Bid along with Demand Draft of Earnest Money in sealed envelope. The sealed tenders in prescribed format shall reach in the office of the Joint Commissioner Municipal Corporation, Gurgaon, Civil Lines Street, Near Pushpanjali Hospital, Gurgaon, Haryana - 122001 on 10-APR-2012 till 03:00 PM with an earnest money of Rs. 3,50,000/- in the form of Demand Draft/Pay Order favoring “Commissioner, Municipal Corporation Gurgaon”. Any tender without EMD shall be summarily rejected. This is a two bid tender. The bidder must submit two bids, a Technical Bid and a Financial Bid (Financial bid to be submitted online at http://mcg.etenders.in after registering yourself as a bidder). Technical bid must reach the office of MCG on 10-APR-2012 by 3:00pm and the financial bid shall be submitted online on 10-APR-2012 by 3:00pm. Commissioner Municipal Corporation, Gurgaon reserves the rights to accept reject any/all tenders without assigning any reason thereof at any time and allocate work in full or in part to one or more Service Providers.

Joint Commissioner For Commissioner Municipal Corporation, Gurgaon

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Cleanliness of areas falling within the limits of Municipal Corporation Gurgaon is one of the prime functions of the Corporation. The usual method of outsourcing manpower/machinery for sanitation work is based merely on controls on attendance of manpower and hours logged by machinery. This is fraught with risks of corruption and almost little attention to the quality of work. MCG wishes to test the feasibility of a new model wherein payment to the Service Provider will be made 50% of the quoted labor cost on the basis of bio-metrics attendance and remaining on the basis of quality of work output, both in prevention and promptness in the redress of violations. MCG shall asks its officials to frequently inspect the actual prevailing conditions in the area and update the portal of Municipal Corporation Gurgaon with photographs of violations observed by them. Citizens will also be free to do so. The Service Provider will get SMS and email alerts as soon as violations are uploaded on the Portal. Service provider will also make sure that his supervisors are monitoring the web portal for current complaints. It will be the responsibility of the Service Provider to clear the sanitary situation/ unaesthetic look and update Portal (www.mcg.gov.in) within 120 minutes to avoid penalties. Violations reported by Monitoring officials of MCG will also attract additional penalties, whether or not redressed in time. Any violations after 2 pm will directly attract penalty – the Service Provider will ensure that the violation was not created after 2 pm of the same day by keeping the entire area clean.

Section 1 List of Area/Colony/Villages

Zone Ward Locality

2 1 NEW PALAM VIHAR PASE 1

2 1 NEW PALAM VIHAR PASE 2

2 1 NEW PALAM VIHAR PASE 3

2 1 NEW PALAM VIHAR PHASE 1

2 1 NEW PALAM VIHAR PHASE 3

2 1 NIHAL COLONY

2 1 PAWALA KHUSRUPUR

2 1 SARAI ALAWARDI

2 2 MOULAHERA

2 2 MOULAHERA VILLAGE

2 3 DUNDAHERA

2 3 DUNDAHERA VILLAGE

2 4 SARHAUL

2 4 SARHAUL MARUTI UDYOG

2 4 SARHAUL VILLAGE

2 5 ASHOK VIHAR PHASE 3

2 5 ASOK VIHAR PHASE 3

2 5 CARTERPURI

2 5 CARTERPURI VILLAGE

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2 5 CHOMA KHERA VILLAGE

2 5 PALAM VIHAR

2 5 PALAM VIHAR EXT

2 5 SHITLA COLONY

2 6 ASHOK VIHAR APNA ENCLAVE

2 6 ASHOK VIHAR PHASE 2

2 15 RAJIV NAGAR WEST

2 16 DELHI ROAD-- MG ROAD COLONY

2 16 RAJEEV NAGAR VASANT APARTMENT

2 17 CANAL COLONY

2 17 CHANDAN NAGAR

2 17 MDI

Section 2 MSW Pick points/ Dustbin Points

Details Of Dustbin Point & Dustbin Size in MCG Zone – 2 Z W Area Name Attendance

Point Transit Point

Dustbin Placed

Dustbin Nos.

Dustbin Size

No Of Transit Point

2 1 Sarai ALawardi

Old Age Home Near Vill.At Bajgehra road

2 Nos. 3 Cum 01-Jan

2 1 Pawala Khurspur

Near Balmiki Mandir

Near Sulab Toilet

3 Cum 01-Feb

2 1 Rajindera Park

Bajgehra Raod

2 Nos. 3 Cum 01-Mar

2 1 Baba Parkash Puri

Baba Parkash Puri

Baba Parkash Puri

2 Nos. 3 Cum 01-Apr

2 3 Vill. Dundahera

Padaav Chowk Ram Chowk

i. Delhi road Auto Stand. II. Near Hanuman Mandir

1 Nos. 3 Cum 03-Jan

2 4 Vill.Sarhaul Aaagan baadi Kender

Near Bad Tree Chowk

Near Johar 2 Nos. 3 Cum 04-Jan

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2 5 Vill. Carterpuri

Shani Bazar Shani Bazar 1 Nos. 3 Cum 05-Jan

2 6 Bhimgarh Kheri

Near Pond 1 Nos. 4.5 Cum 06-Jan

2 13 Bhim Nagar Ram Chander Park

Opp.Of Fire office in bhim nagar

1 Nos 4.5 Cum 13-Jan

2 14 Gurgaon Vill. Saini Chopaal i. Near animal hospital ii. Near choti Mata pass iii. Behind Mata Mandir

1 Nos 1 Nos 1 Nos

3 Cum 3 Cum 3 Cum

14/1 14/2 14/3

2 15 Haryana Roadwayes Work Shop-Mata Road

Infront of Hr. Roadways Work Shop

1 Nos 4.5Cum 15-Jan

2 16 OLD DLF DLF more on MG Road

1 Nos 3 Cum 15-Feb

2 16 Old Deldi Road

Phuwara Chowk

i. Infront of Petrol Pump ii. Infront of Telephone Exchange office

1 Nos 5 Cum 5Cum

16/1 16/2

2 16 Rajeev Nagar Infront of Petrol Pump

1 Nos 3 Cum 16-Mar

2 17 MDI MG Road i. Infront of MDI ii. Lohia Chowk

1 Nos 1 Nos

4.5 Cum 4.5 Cum

17/1 17/2

2 18 MG Road 18-Jan

2 18 Civil Hospital i. Civil Hospital

18-Feb

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2 18 Civil Line Kamla Nehru Park

i. Roa Narveer Road ii. Jail Road iii.Civil Line road near hospital iv. Jharsa road near Patwar Bhawan v.Jharsa Band vi.Behind DC resident

18/3 18/4 18/5 18/6 18/7 18/8 18/9 18/10

2 18 Jacubpura Infront of Super Bekery on Old Railway Road

18/12 18/13

2 18 Roshan Pura 18/14

1. Submission of Tender This is a two bid tender. The bidder must submit two bids, a Technical Bid and a Financial Bid (Financial

bid to be submitted online at http://mcg.etenders.in after registering yourself as a bidder). The envelope containing technical bid, which must explain how the work is proposed to be carried out, should also include Demand Draft of Earnest Money. The financial bid will be opened only of those bidders whose bid qualifies technically. The second sealed envelope should contain only the Financial Bid.

1. Technical Bid shall consist of following: Any Bid Document Without the following Documents will be rejected.

Detailed plan of carrying out operations as per scope of work explaining how you will ensure absolute cleanliness from 11 Am to 4 PM every day

Bid Proposal sheet duly filled in, signed and complete in all aspects

Details of Man power deployment

Details of Machinery deployment

Time and place of attendance will be as following:-

Details (including numbers, sites, design and capacity) of Dustbins proposed to be installed. Vendor will do a survey of the area and will propose the number of Bins.

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Information Technology infrastructure both on-site and off-site for management of reporting and uploading on Portal at www.mcg.gov.in

Vendor will provide the list of vehicles which will carry MSW. In case of Hired vehicles the contracted vehicles shall be exclusive for Service Provider for the period of the Contract. Proof of Such Contract/Actual RC.

References of clients where he is rendering/rendered sanitation service to enable MCG to see for itself the standard of Service Provider’s quality of work. Certificates from clients regarding the length and quality of service shall be preferred.

The Bidder must have executed or have a work order of Sanitation or facility management work amount not less than Rs. 1 Crore in last one year and should have a minimum turnover of Rs. 2 Crore each in last 2 financial years.

Copies of Audited Balance Sheet of last 3 years

Proof of receipt of purchase of Tender

The Earnest Money of Rs. 3,50,000 (Three Lakh Fifty Thousand Rupees Only) in the form of Bank Demand Draft in favor of Commissioner, Municipal Corporation, Gurgaon, payable at Gurgaon.

Bank Accounts Details for automated RTGS payment including RTGS number

2. Financial Bid must consist of following:

Bid prices duly filled, signed and complete as per the Price Schedule on the prescribed Proforma.

2. Scope of Work

The successful bidder, hereafter called the Service Provider, is expected to take over complete sanitation of the Zone 2

3. The Service Provider shall be responsible for Complete Sanitation of the Zone 2 from 7am to 5pm involving work as mentioned below inclusive of all public places like Chaupal, Cemetery, and Community Center etc. The word Street in this document for all purposes is defined as the space between boundary line of privately owned buildings on both sides of the Street inclusive of central verge, service streets, pedestrian paths, green spaces and all vacant plots abutting the street, irrespective of their ownership in the said Zone 2 : Sanitation Staff required for Zone 2 will be (Safai karamchari 524 and Supervisor 29)

1. Daily Sweeping (once in the morning and then in the afternoon) of all streets, Chaupals, Cemetery, Community Center and all open spaces and public places of the Zone 2 , collecting and transporting to the designated Solid Waste Collection Point in Zone 2 of all Solid Wastes including poly bags, sachets, plastics, over grown vegetation, discarded items, litter, kitchen waste etc. that do not belong to the street whether lying on the street or attached to a tree/plant/pole or any movable or immovable fixture on the street. Absolute clean environment is expected during 11 Am to 4 PM during the day.

2. Twice Daily collection and transportation to the designated Solid Waste Collection Point of MSW 3. Providing suitable Dustbins in adequate numbers in the Zone 2 and maintenance thereof at all times in spic and span

condition. List is attached at Section 2. 4. Daily Surface Cleaning of all Open Drains, Street Gully, openly disposed Sewage and maintaining them blockage

free and deposition of silt so removed at site within the Zone 2 to be designated by the MCG. 5. Immediate removal of small and large Dead Animals including rat, cat, dog, goat, sheep, cow, bull, buffalo etc. from

the street and bury them as per MSW Rules 2000. 6. Additionally, the Service Provider shall have to provide reports which will be mentioned in the work order. Required

report formats will be provided with work order.

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7. The attendance of staff deployed shall be monitored through biometric device provided by the Municipal Corporation Gurgaon.

8. The attendance of staff will be monitored in presence of designated monitors – one of them should be the councilor of the ward/ Citizens of the area/RWA of the colony).

9. Monitors/ Monitoring team will monitor safai karamcharis during the day and submit his report prescribe directly to that call center.

10. The responsibility for safety and proper functioning of the device provided shall fully rest on the contractor.

4. Service Provider is free to decide on how to execute the work. Municipal Corporation Gurgaon will inspect man power deployment and the output of work performed on daily basis and also as per list of required equipments/machinery defined in annexure 2

TERMS and CONDITIONS Filing of Bid

5. This tender document is not transferable. 6. Schedule for Invitation of Tender:

1. Addressee and Address at which Tenders to be submitted: Municipal Corporation, Gurgaon, Haryana Email: [email protected] Phone: (0124) 2220011 Fax: (0124) 2225243

2. Last Date of Sale of Tender: 09-APR-2012 till 03:00 PM 3. Last date and time for receipt of Tenders: Up to 03:00 PM on 10-APR-2012 4. Place Time and Date of opening of Technical Bids:

Municipal Corporation, Civil Line, Gurgaon At 04:00 PM on 10-APR-2012

5. Place Time and Date of opening of Financial Bids: Office of the Concerned Joint Commissioner as mentioned above. The date of opening of the financial bids shall be intimated subsequently and the financial bids of only those Service Providers shall be opened who will qualify the technical bid criteria.

6. Date till which the tender is valid: 90 days from the opening of the Technical Bid i. The MCG shall not be responsible for any postal delay about non-receipt / non-delivery

of the documents. ii. Conditional Tenders and tenders with deviations will be summarily rejected.

7. The bidder shall bear all costs associated with the preparation and submission of its Bid, including cost of presentation for the purposes of clarification of the bid, if so desired by the MCG and MCG will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the Tendering process.

8. The bidder is expected to examine all instructions, forms, terms and specifications in the Tender Document. Failure to furnish all information required in the Tender Document or submission of a bid not substantially responsive to the Tender Document in every respect will be at the bidders risk and may result in the rejection of the bid.

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9. A prospective bidder requiring any clarification of the Tender Document may notify the MCG in writing. The MCG will respond in writing to any request for clarification of the Tender Document, received, not later than 7 days prior to the last date for the receipt of bids prescribed by the MCG.

10. Written copies of the MCG responses (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective bidders who have received the Tender Document.

11. Any agency/company blacklisted by any government agencies in India shall not be allowed to participate in the tender

12. At any time the MCG, may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective bidder, modify the Tender Document by an amendment.

13. The amendment will be notified in writing or by email or fax to all prospective bidders who have purchased the Tender Documents and will be binding on them.

14. In order to afford bidders reasonable time in which to take the amendment into account in preparing their bids, the MCG may, at its discretion, extend the last date for the receipt of Bids.

15. The Bids prepared by the prospective bidder and all correspondence and documents relating to the bids exchanged by the prospective bidder and the MCG, shall be written in the English language, provided that any printed literature furnished by the bidder may be written in another language so long as accompanied by an English translation in which case, for purposes of interpretation of the bid, the English translation shall govern.

16. The bidder can be an individual company/firm/NGO or a group of companies/firms as a Consortium of maximum three 3 members with one as the prime bidder.

17. The bidder shall make independent enquiry and satisfy itself with respect to all the required information, inputs, conditions and circumstances and factors that may have any effect on his bid. While submitting Bid the Bidder shall be deemed to have inspected and examined the prevailing conditions all along the street, figured out what laws and regulations of the Government of India and of Haryana have a bearing on his proposed operations on the street. The mere filing of the bid shall be a presumption of an acknowledgment that, on being selected as the Service Provider he shall not be entitled to any extension of time or financial compensation by reason of the obtaining conditions at the Site for whatever reason.

18. The prices quoted shall be inclusive of all Taxes, fees, charges and duties throughout the period of contract & this contract.

19. The bidder should further clarify that the individual signing all documents in connection with the tender whether he or she signs as: -

i. A partner of the firm if it is partnership, in which case he must have authority to refer to arbitration disputes concerning the business partnership either by virtue of the partnership agreement or a power of attorney. In the alternative the tender should be signed by all the partners.

ii. Constituted attorney of the firm, if it is a company. 20. The bidder shall deposit an Earnest money of 3,50,000/- in the form of Bank Draft in favor of

Commissioner, Municipal Corporation, Gurgaon payable at Gurgaon. Tenders submitted without earnest money shall be rejected.

In the Event of Bidder being selected as the Service Provider

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1. The MCG reserves the right to outsource complete or a part of the job and the MCG’s decision in this matter shall be final.

2. Upon award of the tender the Service Provider shall have to deposit a security amount equal to 10% of the total annual value of the work within four days from the date of work order. Failure to do so will result in forfeiture of EMD and cancellation of work order. This Security deposit will be refunded only after 3 months of successful completion and signoff of work.

3. A Detailed work agreement will be signed by the Service Provider with Municipal Corporation Gurgaon 4. The Service Provider shall have to ensure that MSW is collected and transported in full compliance with

the MSW Management and Handling Rules, 2000 and ensure that following activities are not allowed to be undertaken:

a. Burning of garbage/MSW in any manner b. Mixing of Bio-Medical waste with the MSW c. Mixing of other types of wastes such as Industrial Waste, Hazardous Waste, carcass, e-waste

and Construction waste with the MSW?? 5. That Service Provider shall be solely responsible for all Central/State Government statutory

compliances especially the laws related with Labour, Labour Welfare, Minimum Wages etc. If any notice is served to the Service Provider for any non-compliance by any Central/State Government authority, The Service Provider shall have to inform Municipal Corporation Gurgaon about its right away. The Service Provider shall also keep the MCG posted about all subsequent developments with regard to such notices.

6. The Service Provider shall be solely responsible for ensuring that the behavior of his staff, especially those engaged in the preemptive work, with the public is highly courteous. In case of an individual/ organization persistently ignoring the advice of the Service Provider’s personnel, the Service Provider shall bring the matter to the notice of Municipal Corporation Gurgaon of individual for initiating legal action against the defaulter.

7. The Monitors to be appointed by Commissioner, Municipal Corporation Gurgaon from time to time may make as many visits to the Zone 2 as they may desire and will make observations of violations/non-sanitary conditions with photographs supporting his/her observation. Such violations will be uploaded on the web portal of Municipal Corporation Gurgaon at www.mcg.gov.in. Monitors will be free to create such incidents of violations as they may like and upload them on the portal in case of being successful in a manner as if it is violation submitted by a Citizen. Let us put the exact realistic schedule of monitoring and reporting. Reporting schedule will be provided to the monitors

8. FAIR WAGES a. The Service Provider shall pay not less than fair wage/minimum wages to laborers engaged by

him on the work as revised from time to time by the Government of Haryana. Fair Wages means minimum wages for time or piece of work, fixed or revised, as established by the State Government under the Minimum Wages Act, 1948.

b. The Service Provider shall, notwithstanding, the provisions of any Contract to the contrary, cause to be paid fair wages to laborers indirectly engaged on the work, including any labor engaged by his sub-Contractor in connection with the said work, as if the laborers have been immediately or directly employed by him.

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c. In respect of all laborers, immediately or directly employed on the work, for the purpose of the Service Provider’s part of this agreement, the Service Provider shall comply with or cause to be complied with, Contract Labour Regulations made, or that may be made, the Government, from time to time, in regards to payment of wages, wage period, deductions from wages, recovery of wages not paid, and unauthorized deductions, maintenance of wages register, wage card, publication of scale of wages and other terms of employment, inspection and submission of periodical returns, and all other matters of a like nature.

d. Municipal Corporation Gurgaon shall have right to deduct, from the money due to the Service Provider, any sum required or estimated to be required for making good the loss suffered by a worker or workers by reasons of non-fulfillment of the conditions of the contract for the benefit of the worker or workers, non-payment of wages or of deductions made there from, which are not justified the terms of the contract or as a result of non-observance of the aforesaid regulations.

a. Compulsory to Submit ESI and EPF for all the staff working for MCG Sanitation contracts. i. PS and ESI shall be mentioned in the financial bid documents.

b. The regulations, aforesaid shall be deemed to be part of this Contract and any breach thereof, shall be deemed to be breach of the Contract.

9. The tender will for a period of One year from the date of work order.

10. Force Majeure:

A. Notwithstanding anything to be contrary elsewhere contained in this Agreement between the parties, neither party shall, in any event regardless of the form of claim, be liable for

i. Any indirect, special, punitive, exemplary, speculative of consequential damages, including but not limited to, any loss of use, loss of data, business interruption, and loss of income or profit, irrespective of whether if has an advance notice of any such damages or

B. A party is not liable for failure to perform the party's obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, strike, lockout or interruption or failure of electricity or telephone service.

C. If a party asserts Force Majeure as an excuse for failure to perform the party's obligation, then the nonperforming party must prove that the party took reasonable steps to minimize delay or damages caused by foreseeable events, that the party substantially fulfilled all non-excused obligations, and that the other party was timely notified of the likelihood or actual occurrence of an event.

11. Any disturbance caused in sanitary condition due to an ongoing engineering work whether of Municipal Corporation Gurgaon or of some other department will not be counted against Service Provider. However in cases of earth digging work which is left in open condition, the Service Provider

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will immediately cover it using Barricades at their own cost and submit a separate bill to Municipal Corporation Gurgaon for realization from the concerned contractor.

12. If an accident that has occurred on the street that has led to the loss of life, loss of property that requires police investigation, then Service Provider must not tamper the site. However as soon as police has completed their investigation such site shall be restored to sanitary condition. It shall of course be the duty of the Service Provider to immediately report such instances to Police at phone number 100 and also by clicking a picture and uploading to Gurgaon Police Facebook site.

13. The Service Provider will have to segregate waste right after collection in dry and wet category or as bio-degradable and non-bio-degradable components separately.

14. The Service Provider shall be allowed to remove the recyclable materials from the waste and make profits out of it. He shall also be allowed to use recyclable materials for composting or any other process. The Municipal Corporation Gurgaon will not claim any share out of the income derived out of these activities by the Service Provider. For carrying out such activities Municipal Corporation Gurgaon shall not provide any land or facility to the Service Provider

15. The Service Provider shall inform Call Center facility of MCG and update them about each violation that they have resolved. Call Center facility will verify such instances after telephonic verification from applicant/monitor and then will mark that violation as resolved.

16. Municipal Corporation Gurgaon will provide bio-metrics finger scan reader to the Service Provider on returnable basis (to be returned at the end of service term). The Service Provider will be responsible for getting all deputed staff registered in the servers of the Corporation before marking their attendance via Bio-Metrics reader. It will be responsibility of the Service Provider to keep the Bio-Metrics reader in ready to use condition and immediately take a replacement in case of failed equipment.

17. No Manual Attendance record whatsoever maintained will be counted for release of payment 18. The Service Provider or any of its personnel will not work on door to door collection of Garbage 19. There may be some informal operators carrying out the role of door to door collection of solid waste in

Zone 2 . The Service Provider must ensure that such operators bring their solid waste to the prescribed collection site and carry out segregation tasks only at this site. Any littering so done by anyone shall have to be immediately addressed by the Service Provider by removing it to the prescribed site.

20. The Service Provider shall also be responsible for daily cleaning of Zone 2 Solid Waste Collection Point and spray to avoid foul odor.

21. The Service Provider shall also be responsible for routine spray of chemicals for prevention of Malaria and such diseases. MCG shall provide materials and machinery for such activities from time to time.

22. Other Conditions a. All disputes, differences, claims and demands arising under or pursuant to or touching the

contract shall be referred to the sole arbitrator of Commissioner, Municipal Corporation, Gurgaon. The award of the sole arbitrator shall be final and binding on both the parties under the provisions of the arbitration Act, 1996 or by statutory modification reenactment thereof for the time being in force. Such arbitration shall be held at Gurgaon.

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b. In all matters and disputes arising there under, the appropriate Courts at Gurgaon alone shall have jurisdiction to entertain and try them.

c. The Service Provider must have valid PAN, EPF, ESI, Contract Labour license, Service Tax registrations and must comply with the provisions of these and other applicable labour and other laws.

d. The Service Provider shall, at his own expense, provide protective clothing, Photo Identity Cards (including name, age, address and designation) and equipments to all staff and labours engaged to the satisfaction of the Municipal Corporation Gurgaon, and on his failure to do so Municipal Corporation Gurgaon shall be entitled to provide the same and recover the cost from the Service Provider. Such clothing and equipment shall include, at minimum, protective footwear and gloves for workmen undertaking work of sweeping, waste removal and other allied works related to activities envisaged in the Contract.

e. The Service Provider shall, at his own expenses, provide first aid equipment at all camps and work sites to the satisfaction of the Commissioner, Municipal Corporation Gurgaon.

f. The Service Provider must cover all the employees deputed under all required insurance at his cost.

g. The Service Provider must transport Solid Waste in properly covered vehicles in good street worthy condition at his own cost as per MSW Rules, 2000

h. If at any time any malpractice is perpetrated by the Service Provider the entire dues of the Service Provider shall stand forfeited and MCG will institute punitive legal action in respect thereof.

Payments

23. The Service Provider will initially be allocated the work for a period of only 2 months on probation. Service Provider must be able to earn at least 75% of the quoted/negotiated amount as per penality criteria mentioned below. In case of failure to do so, the Work Order will stand cancelled and both the security deposit and EMD shall be forfeited. After this probation period of 2 months; if for any two consecutive months during the period of this contract the Service Provider is unable to earn more than 80% of the quoted/negotiated amount as per penalty criteria mentioned below, this work order will be liable to be cancelled with EMD and Security Deposit forfeited.

24. Violation/Non-Sanitary Condition If any occurrence of the following instances is reported on the web site of Municipal Corporation Gurgaon at www.mcg.gov.in by anyone with proof in the form of photograph/video will be considered as violation/non-sanitary condition and a report of these will be automatically emailed to the Service Provider at an email address to be provided by the Service Provider:

a. Presence of litter/solid waste whether Recyclable or not b. Overflowing/untidy/dirty/broken dustbins c. Defaced poles/whether erected for street light, electric supply, telephone any defaced fixture

like and vent shafts etc. d. Blocked Drains, Street Gully or openly disposed sewage e. Presence of Dead Animal

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f. Any incidence that can reasonably be said to be a violation of any of the items 1 to 7 of scope of work.

25. Work Performance will primarily be monitored by such Monitors of MCG as may be appointed by Commissioner, Municipal Corporation Gurgaon from time to time. All Citizens will also be free to report violations and Service Provider shall have to resolve every such violation as reported in a period of 120 minutes to avoid penalties. Monitors may also give general guidance to reduce incidence of violations only in the first two weeks. Any report submitted after 4pm shall be counted for its resolution only in the next day.

26. Every violation reported on the web site of Municipal Corporation Gurgaon at www.mcg.gov.in by monitors will attract Rs. 25/- as penalty per report regardless whether or not resolved within 30 minutes in the first week from the start of work, Rs. 50/- per violation in the second week, Rs. 75/- per violation in the third week, Rs. 100 per violation in the fourth week and Rs. 200 per violation in the fifth and all subsequent weeks.

27. Though the monitors will take all care in this regard there’s a chance that sometimes merely on the basis of the provided photograph at www.mcg.gov.in the Service Provider may not be able to identify the site of problem. In such cases service provider shall be free to ask for further information to locate the site before he addresses the violation on the spot. Time so lost shall not be counted against the Service Provider provided he registers his inability to locate the site within the prescribed 120 minutes.

28. Schedule of Payment: The end objective of Municipal Corporation Gurgaon is ensuring absolute sanitary condition at all times from 7am to 5pm of Zone 2 . So any occurrence of a violation which is reported on the web site of Municipal Corporation Gurgaon at www.mcg.gov.in and not fixed/resolved and reported within 120 minutes by the Service Provider at www.mcg.gov.in will lead to penalty/deduction of payment at the rate of 1% per 15 minute from payment due towards that day as the day of such occurrence of violation till the time it is not marked as resolved with photograph as proof. However, violations reported after 4pm and before 7am next day; its resolution and associated penalty will start at 7am. At the end of the day sum of all penalty % ages for violations not resolved in 120 minutes shall be divided by the total number of violations not resolved within 120 minutes on the portal that day, whether by Monitors or Citizens. The penalty %age for the day’s payment will equal the quotient of this division.

29. Service Provider will be automatically paid based on matrix defined below at the end of the month.

Labor Man Days as per bio-metrics attendance multiplied by minimum wage or 50% of cost quoted in financial bid at “A”(iii) whichever is lower

Transportation Sum of entries made daily as per Clause 15 on the web portal multiplied by cost quoted in Financial Bid at “B” (i)

The difference of bid/negotiated price and the minimum automatic payment as detailed above will be the maximum amount of penalty that can be levied as per the penalty structure defined in clause 28 above and this remaining amount will be paid within 7 days from the date of submission of bill.

For further information, please contact:

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Commissioner Municipal Corporation, Gurgaon Email: [email protected] Phone: (0124) 2220011 Fax: (0124)2225243

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BID PROPOSAL SHEET Zone 2

Service Provider’s Proposal Reference No. & Date:

Service Provider’s Name & Address:

Person to be contacted:

Designation:

Telephone No:

Fax No:

Mob No:

Email address:

“A” Estimated Area (in Sq. Mt.) to be swept including streets, open spaces, Chaupals, Cemetery and all public places in the Zone 2 Area in Sq. Mt. ___________________

“W” Estimate number of Sanitation Workers per day Number of Workers ________________

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PARTICULARS OF SERVICE PROVIDERS

SERVICE PROVIDER’S PARTICULARS FOR TENDER NO.__________________________ 1. Name of the Service Provider: _________________________ 2. Address of the Service Provider: __________________________________________________ __________________________________________________ 3. Year of Establishment (Of prime bidder in case of Consortium):___________ 4. Prior Similar Experience (Bidder or a Member of the Consortium)

Serial# Prime Bidder or Member Name

Year Experience in handling such similar Government Project

5. Gurgaon Office Details (Bidder or a Member of the Consortium)

Sr.No. Prime Bidder or Member

Office Address in Gurgaon/ NCR/ Delhi

6. Name & address of the officer :_____________________________ to whom all references shall be _____________________________ made regarding this tender. _____________________________ 7. Earnest Money Deposited Details:

Sr.No. DD No & Date Issuing Bank Amount Validity Date

8. Proof of turnover (Audited Balance Sheet of last three years). As of this date the information furnished in all parts of this form is accurate and true to the best of my knowledge.

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Signature Signature

Name Name

Designation Designation

Address

Address

Company Company

Date Date Company

Seal Company

Seal

Company Seal (With name & designation of the person signing the tender)

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Quotation Proforma - Financial Bid Name of Company/Firm:___________________________________________ Zone 2

A. Total Amount # Total Amount In Rupees (per month)

D Total Amount

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JC(HQ)/MCG/2012/998 20-MAR-2012

MUNICIPAL CORPORATION, GURGAON SHORT TENDER NOTICE

Sealed Tenders on prescribed form are invited from Companies/Organizations/NGOs having experience of facility management or Sanitation work on behalf of Commissioner, Municipal Corporation, Gurgaon to undertake the task of 7am to 5pm Complete Sanitation of Zone 3. List of area/colony/villages attached at Section 1. Sanitation Staff required for Zone 3 will be (Safai karamchari 407 and Supervisor 27)

The service provider shall be responsible for Complete Sanitation of the Zone 3 from 7am to 5pm of the day every day. The tasks involved are:

1. Daily Sweeping (once in the morning and then in the afternoon) of all streets, Chaupals, Cemetery, Community Center and all open spaces and public places of the Zone 3, collecting and transporting to the designated Solid Waste Collection Point in Zone 3 of all Solid Wastes including poly bags, sachets, plastics, over grown vegetation, discarded items, litter, kitchen waste etc. that do not belong to the street whether lying on the street or attached to a tree/plant/pole or any movable or immovable fixture on the street. Absolute clean environment is expected during 11 Am to 4 PM during the day.

2. Transportation of the collected waste from Solid Waste Collection Points will be done in covered vehicle equipped with GPS to Bandhwari MSW Treatment Plant by 5 pm daily ensuring that the Solid Waste Collection site remains in absolutely clean and neat condition after 5pm.

3. Twice Daily collection and transportation to the designated Solid Waste Collection Point of MSW 4. Providing suitable Dustbins in adequate numbers in the Zone 3 and maintenance thereof at all times in spic and span

condition. List is attached at Section 2. 5. Daily Surface Cleaning of all Open Drains, Street Gully, openly disposed Sewage and maintaining them blockage free and

deposition of silt so removed at site within the Zone 3 to be designated by the MCG. 6. Immediate removal of small and large Dead Animals including rat, cat, dog, goat, sheep, cow, bull, buffalo etc. from the street

and bury them as per MSW Rules 2000. 7. Additionally, the Service Provider shall have to provide reports which will be mentioned in the work order. Required report

formats will be provided with work order. 8. The attendance of staff deployed shall be monitored through biometric device provided by the Municipal Corporation Gurgaon. 9. The attendance of staff will be monitored in presence of designated monitors – one of them should be the councilor of the

ward/ Citizens of the area/RWA of the colony). 10. Monitors/ Monitoring team will monitor safai karamcharis during the day and submit his report prescribe directly to the call

center. 11. The responsibility for safety and proper functioning of the device provided shall fully rest on the contractor.

Detailed Tender Document can be seen and downloaded from www.mcg.gov.in.

Request for Proposal document and other information can be obtained from the office of the Joint Commissioner on payment of Rs. 5000 (non-refundable Demand Draft in favour of Commissioner Municipal Corporation, Gurgaon) on any working day, till 09-APR-2012 03:00 PM. Pre-bid Meeting is scheduled at 03-APR-2012 in the Conference Room of MCG. Interested parties to submit Technical Bid along with Demand Draft of Earnest Money in sealed envelope. The sealed tenders in prescribed format shall reach in the office of the Joint Commissioner Municipal Corporation, Gurgaon, Civil Lines Street, Near Pushpanjali Hospital, Gurgaon, Haryana - 122001 on 10-APR-2012 till 03:00 PM with an earnest money of Rs. 3,00,000/- in the form of Demand Draft/Pay Order favoring “Commissioner, Municipal Corporation Gurgaon”. Any tender without EMD shall be summarily rejected. This is a two bid tender. The bidder must submit two bids, a Technical Bid and a Financial Bid (Financial bid to be submitted online at http://mcg.etenders.in after registering yourself as a bidder). Technical bid must reach the office of MCG on 10-APR-2012 by 3:00pm and the financial bid shall be submitted online on 10-APR-2012 by 3:00pm. Commissioner Municipal Corporation, Gurgaon reserves the rights to accept reject any/all tenders without assigning any reason thereof at any time and allocate work in full or in part to one or more Service Providers.

Joint Commissioner For Commissioner Municipal Corporation, Gurgaon

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Cleanliness of areas falling within the limits of Municipal Corporation Gurgaon is one of the prime functions of the Corporation. The usual method of outsourcing manpower/machinery for sanitation work is based merely on controls on attendance of manpower and hours logged by machinery. This is fraught with risks of corruption and almost little attention to the quality of work. MCG wishes to test the feasibility of a new model wherein payment to the Service Provider will be made 50% of the quoted labor cost on the basis of bio-metrics attendance and remaining on the basis of quality of work output, both in prevention and promptness in the redress of violations. MCG shall asks its officials to frequently inspect the actual prevailing conditions in the area and update the portal of Municipal Corporation Gurgaon with photographs of violations observed by them. Citizens will also be free to do so. The Service Provider will get SMS and email alerts as soon as violations are uploaded on the Portal. Service provider will also make sure that his supervisors are monitoring the web portal for current complaints. It will be the responsibility of the Service Provider to clear the sanitary situation/ unaesthetic look and update Portal (www.mcg.gov.in) within 120 minutes to avoid penalties. Violations reported by Monitoring officials of MCG will also attract additional penalties, whether or not redressed in time. Any violations after 2 pm will directly attract penalty – the Service Provider will ensure that the violation was not created after 2 pm of the same day by keeping the entire area clean.

Section 1 List of Area/Colony/Villages

Zone Ward Locality

3 29 KANHAI

3 29 KANHAI VILLAGE

3 29 MOHYAL COLONY

3 29 SAINI KHERA

3 29 SILOKHRA VILLAGE

3 31 WAZIRABAD

3 31 WAZIRABAD VILLAGE

3 32 GHATTA (O.G)

3 33 CHAKKARPUR

3 33 CHAKKARPUR

3 33 SARASWATI VIHAR

3 29 MOTI VIHAR

3 29 VIJAY VIHAR

3 31 INDIRA COLONY

3 32 GWAL PAHARI

3 34 MARUTI HOUSING BOARD COLONY

3 34 SIKANDERPUR GHOSI

3 35 NATHUPUR

3 35 NATHUPUR VILLAGE

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Section 2 MSW Pick points/ Dustbin Points

Details Of Dustbin Point & Dustbin Size in MCG Zone – 3

Zone Ward Area Name Attendance Point Transit Point Dustbin Placed

Dustbin Size

No Of Transit Point

3 29 Vill Silokhra Near Dharam Shala

i. Shamshan Ghat ii . Bangali Market

i. Vijay Vihar ii. SPA City iii. Near Wine Shop

4.5Cum 4.5Cum 4.5Cum

29/1 29/2 29/3

3 29 Vill Kanhai Near Govt.School Behind Govt. School

Near Sec.45 4.5Cum 29/4

3 31 Vill Wazirabad

Near House of Councilor

Near TATA Motors

31/1

3 32 Vill Gwal Pahari

Near Govt.School i. Govt School ii. Neem Wala Khatta

4.5 Cum 4.5Cum

32/1 32/2

3 32 Vill Ghata Infront of Bega Khoti

i. Near Samshan Ghat ii. Nera Dayaram House

4.5 Cum 4.5Cum

32/3 32/4

3 33 Vill Chakkerpur

Near Temple Pawer Booster

33/1

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3 34 Vill Sikenderpur

Near Communication

i. Near Communication ii. Near Shamshan Ghat iii.Gali Chokkar iv. In Market

4.5Cum 4.5Cum 4.5Cum 4.5cum

34/1 34/2 34/3 34/4

3 34 Vill Nathupur Near Prajapati Chopaal

i. Near Chopaal ii. Near Johar iii. Devi Ground

4.5 Cum 4.5Cum 4.5 Cum

35/1 35/2 35/3

1. Submission of Tender This is a two bid tender. The bidder must submit two bids, a Technical Bid and a Financial Bid (Financial

bid to be submitted online at http://mcg.etenders.in after registering yourself as a bidder). The envelope containing technical bid, which must explain how the work is proposed to be carried out, should also include Demand Draft of Earnest Money. The financial bid will be opened only of those bidders whose bid qualifies technically. The second sealed envelope should contain only the Financial Bid.

1. Technical Bid shall consist of following: Any Bid Document Without the following Documents will be rejected.

Detailed plan of carrying out operations as per scope of work explaining how you will ensure absolute cleanliness from 11 Am to 4 PM every day

Bid Proposal sheet duly filled in, signed and complete in all aspects

Details of Man power deployment

Details of Machinery deployment

Time and place of attendance will be as following:-

Details (including numbers, sites, design and capacity) of Dustbins proposed to be installed. Vendor will do a survey of the area and will propose the number of Bins.

Information Technology infrastructure both on-site and off-site for management of reporting and uploading on Portal at www.mcg.gov.in

Vendor will provide the list of vehicles which will carry MSW. In case of Hired vehicles the contracted vehicles shall be exclusive for Service Provider for the period of the Contract. Proof of Such Contract/Actual RC.

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References of clients where he is rendering/rendered sanitation service to enable MCG to see for itself the standard of Service Provider’s quality of work. Certificates from clients regarding the length and quality of service shall be preferred.

The Bidder must have executed or have a work order of Sanitation or facility management work amount not less than Rs. 1 Crore in last one year and should have a minimum turnover of Rs. 2 Crore each in last 2 financial years.

Copies of Audited Balance Sheet of last 3 years

Proof of receipt of purchase of Tender

The Earnest Money of Rs. 3,00,000/- (Three Lakh Rupees Only) in the form of Bank Demand Draft in favor of Commissioner, Municipal Corporation, Gurgaon, payable at Gurgaon.

Bank Accounts Details for automated RTGS payment including RTGS number

2. Financial Bid must consist of following:

Bid prices duly filled, signed and complete as per the Price Schedule on the prescribed Proforma.

2. Scope of Work

The successful bidder, hereafter called the Service Provider, is expected to take over complete sanitation of the Zone 3

3. The Service Provider shall be responsible for Complete Sanitation of the Zone 3 from 7am to 5pm involving work as mentioned below inclusive of all public places like Chaupal, Cemetery, and Community Center etc. The word Street in this document for all purposes is defined as the space between boundary line of privately owned buildings on both sides of the Street inclusive of central verge, service streets, pedestrian paths, green spaces and all vacant plots abutting the street, irrespective of their ownership in the said Zone 3: Sanitation Staff required for Zone 3 will be (Safai karamchari 407 and Supervisor 27)

1. Daily Sweeping (once in the morning and then in the afternoon) of all streets, Chaupals, Cemetery, Community Center and all open spaces and public places of the Zone 3, collecting and transporting to the designated Solid Waste Collection Point in Zone 3 of all Solid Wastes including poly bags, sachets, plastics, over grown vegetation, discarded items, litter, kitchen waste etc. that do not belong to the street whether lying on the street or attached to a tree/plant/pole or any movable or immovable fixture on the street. Absolute clean environment is expected during 11 Am to 4 PM during the day.

2. Transportation of the collected waste from Solid Waste Collection Point will be done in covered vehicle to Bandhwari MSW Treatment Plant by 5 pm daily ensuring that the Solid Waste Collection site remains in absolutely clean and neat condition after 5pm.

3. Twice Daily collection and transportation to the designated Solid Waste Collection Point of MSW 4. Providing suitable Dustbins in adequate numbers in the Zone 3 and maintenance thereof at all times in spic and span

condition. List is attached at Section 2. 5. Daily Surface Cleaning of all Open Drains, Street Gully, openly disposed Sewage and maintaining them blockage

free and deposition of silt so removed at site within the Zone 3 to be designated by the MCG. 6. Immediate removal of small and large Dead Animals including rat, cat, dog, goat, sheep, cow, bull, buffalo etc. from

the street and bury them as per MSW Rules 2000. 7. Additionally, the Service Provider shall have to provide reports which will be mentioned in the work order. Required

report formats will be provided with work order. 8. The attendance of staff deployed shall be monitored through biometric device provided by the Municipal Corporation

Gurgaon. 9. The attendance of staff will be monitored in presence of designated monitors – one of them should be the councilor of

the ward/ Citizens of the area/RWA of the colony).

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10. Monitors/ Monitoring team will monitor safai karamcharis during the day and submit his report prescribe directly to that call center.

11. The responsibility for safety and proper functioning of the device provided shall fully rest on the contractor.

4. Service Provider is free to decide on how to execute the work. Municipal Corporation Gurgaon will inspect man power deployment and the output of work performed on daily basis and also as per list of required equipments/machinery defined in annexure 2

5. Service Provider will deploy minimum of following machinery for the Zone:- 1. Dumper -2 2. Tractor- 8 3. Rickshaw Redi -70 4. Hand Trolley 84 5. JCB -1

6. Estimated tonnage for the day for the zone is approximately 48

TERMS and CONDITIONS Filing of Bid

7. This tender document is not transferable. 8. Schedule for Invitation of Tender:

1. Addressee and Address at which Tenders to be submitted: Municipal Corporation, Gurgaon, Haryana Email: [email protected] Phone: (0124) 2220011 Fax: (0124) 2225243

2. Last Date of Sale of Tender: 09-APR-2012 till 03:00 PM 3. Last date and time for receipt of Tenders: Up to 03:00 PM on 10-APR-2012 4. Place Time and Date of opening of Technical Bids:

Municipal Corporation, Civil Line, Gurgaon At 04:00 on 10-APR-2012

5. Place Time and Date of opening of Financial Bids: Office of the Concerned Joint Commissioner as mentioned above. The date of opening of the financial bids shall be intimated subsequently and the financial bids of only those Service Providers shall be opened who will qualify the technical bid criteria.

6. Date till which the tender is valid: 90 days from the opening of the Technical Bid i. The MCG shall not be responsible for any postal delay about non-receipt / non-delivery

of the documents. ii. Conditional Tenders and tenders with deviations will be summarily rejected.

9. The bidder shall bear all costs associated with the preparation and submission of its Bid, including cost of presentation for the purposes of clarification of the bid, if so desired by the MCG and MCG will in no

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case be responsible or liable for those costs, regardless of the conduct or outcome of the Tendering process.

10. The bidder is expected to examine all instructions, forms, terms and specifications in the Tender Document. Failure to furnish all information required in the Tender Document or submission of a bid not substantially responsive to the Tender Document in every respect will be at the bidders risk and may result in the rejection of the bid.

11. A prospective bidder requiring any clarification of the Tender Document may notify the MCG in writing. The MCG will respond in writing to any request for clarification of the Tender Document, received, not later than 7 days prior to the last date for the receipt of bids prescribed by the MCG.

12. Written copies of the MCG responses (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective bidders who have received the Tender Document.

13. Any agency/company blacklisted by any government agencies in India shall not be allowed to participate in the tender

14. At any time the MCG may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective bidder, modify the Tender Document by an amendment.

15. The amendment will be notified in writing or by email or fax to all prospective bidders who have purchased the Tender Documents and will be binding on them.

16. In order to afford bidders reasonable time in which to take the amendment into account in preparing their bids, the MCG may, at its discretion, extend the last date for the receipt of Bids.

17. The Bids prepared by the prospective bidder and all correspondence and documents relating to the bids exchanged by the prospective bidder and the MCG, shall be written in the English language, provided that any printed literature furnished by the bidder may be written in another language so long as accompanied by an English translation in which case, for purposes of interpretation of the bid, the English translation shall govern.

18. The bidder can be an individual company/firm/NGO or a group of companies/firms as a Consortium of maximum three 3 members with one as the prime bidder.

19. The bidder shall make independent enquiry and satisfy itself with respect to all the required information, inputs, conditions and circumstances and factors that may have any effect on his bid. While submitting Bid the Bidder shall be deemed to have inspected and examined the prevailing conditions all along the street, figured out what laws and regulations of the Government of India and of Haryana have a bearing on his proposed operations on the street. The mere filing of the bid shall be a presumption of an acknowledgment that, on being selected as the Service Provider he shall not be entitled to any extension of time or financial compensation by reason of the obtaining conditions at the Site for whatever reason.

20. The prices quoted shall be inclusive of all Taxes, fees, charges and duties throughout the period of contract & this contract.

21. The bidder should further clarify that the individual signing all documents in connection with the tender whether he or she signs as: -

i. A partner of the firm if it is partnership, in which case he must have authority to refer to arbitration disputes concerning the business partnership either by virtue of the

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partnership agreement or a power of attorney. In the alternative the tender should be signed by all the partners.

ii. Constituted attorney of the firm, if it is a company. 22. The bidder shall deposit an Earnest money of 3,00,000/- in the form of Bank Draft in favor of

Commissioner, Municipal Corporation, Gurgaon payable at Gurgaon. Tenders submitted without earnest money shall be rejected.

In the Event of Bidder being selected as the Service Provider

1. The MCG reserves the right to outsource complete or a part of the job and the MCG’s decision in this matter shall be final.

2. Upon award of the tender the Service Provider shall have to deposit a security amount equal to 10% of the total annual value of the work within four days from the date of work order. Failure to do so will result in forfeiture of EMD and cancellation of work order. This Security deposit will be refunded only after 3 months of successful completion and signoff of work.

3. A Detailed work agreement will be signed by the Service Provider with Municipal Corporation Gurgaon 4. The Service Provider shall have to ensure that MSW is collected and transported in full compliance with

the MSW Management and Handling Rules, 2000 and ensure that following activities are not allowed to be undertaken:

a. Burning of garbage/MSW in any manner b. Mixing of Bio-Medical waste with the MSW c. Mixing of other types of wastes such as Industrial Waste, Hazardous Waste, carcass, e-waste

and Construction waste with the MSW?? 5. That Service Provider shall be solely responsible for all Central/State Government statutory

compliances especially the laws related with Labour, Labour Welfare, Minimum Wages etc. If any notice is served to the Service Provider for any non-compliance by any Central/State Government authority, The Service Provider shall have to inform Municipal Corporation Gurgaon about its right away. The Service Provider shall also keep the MCG posted about all subsequent developments with regard to such notices.

6. The Service Provider shall be solely responsible for ensuring that the behavior of his staff, especially those engaged in the preemptive work, with the public is highly courteous. In case of an individual/ organization persistently ignoring the advice of the Service Provider’s personnel, the Service Provider shall bring the matter to the notice of Municipal Corporation Gurgaon of individual for initiating legal action against the defaulter.

7. The Monitors to be appointed by Commissioner, Municipal Corporation Gurgaon from time to time may make as many visits to the Zone 3 as they may desire and will make observations of violations/non-sanitary conditions with photographs supporting his/her observation. Such violations will be uploaded on the web portal of Municipal Corporation Gurgaon at www.mcg.gov.in. Monitors will be free to create such incidents of violations as they may like and upload them on the portal in case of being successful in a manner as if it is violation submitted by a Citizen. Let us put the exact realistic schedule of monitoring and reporting. Reporting schedule will be provided to the monitors

8. FAIR WAGES

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a. The Service Provider shall pay not less than fair wage/minimum wages to laborers engaged by him on the work as revised from time to time by the Government of Haryana. Fair Wages means minimum wages for time or piece of work, fixed or revised, as established by the State Government under the Minimum Wages Act, 1948.

b. The Service Provider shall, notwithstanding, the provisions of any Contract to the contrary, cause to be paid fair wages to laborers indirectly engaged on the work, including any labor engaged by his sub-Contractor in connection with the said work, as if the laborers have been immediately or directly employed by him.

c. In respect of all laborers, immediately or directly employed on the work, for the purpose of the Service Provider’s part of this agreement, the Service Provider shall comply with or cause to be complied with, Contract Labour Regulations made, or that may be made, the Government, from time to time, in regards to payment of wages, wage period, deductions from wages, recovery of wages not paid, and unauthorized deductions, maintenance of wages register, wage card, publication of scale of wages and other terms of employment, inspection and submission of periodical returns, and all other matters of a like nature.

d. Municipal Corporation Gurgaon shall have right to deduct, from the money due to the Service Provider, any sum required or estimated to be required for making good the loss suffered by a worker or workers by reasons of non-fulfillment of the conditions of the contract for the benefit of the worker or workers, non-payment of wages or of deductions made there from, which are not justified the terms of the contract or as a result of non-observance of the aforesaid regulations.

a. Compulsory to Submit ESI and EPF for all the staff working for MCG Sanitation contracts. i. PS and ESI shall be mentioned in the financial bid documents.

b. The regulations, aforesaid shall be deemed to be part of this Contract and any breach thereof, shall be deemed to be breach of the Contract.

9. The tender will for a period of One year from the date of work order.

10. Force Majeure:

A. Notwithstanding anything to be contrary elsewhere contained in this Agreement between the parties, neither party shall, in any event regardless of the form of claim, be liable for

i. Any indirect, special, punitive, exemplary, speculative of consequential damages, including but not limited to, any loss of use, loss of data, business interruption, and loss of income or profit, irrespective of whether if has an advance notice of any such damages or

B. A party is not liable for failure to perform the party's obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, strike, lockout or interruption or failure of electricity or telephone service.

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C. If a party asserts Force Majeure as an excuse for failure to perform the party's obligation, then the nonperforming party must prove that the party took reasonable steps to minimize delay or damages caused by foreseeable events, that the party substantially fulfilled all non-excused obligations, and that the other party was timely notified of the likelihood or actual occurrence of an event.

11. Any disturbance caused in sanitary condition due to an ongoing engineering work whether of Municipal Corporation Gurgaon or of some other department will not be counted against Service Provider. However in cases of earth digging work which is left in open condition, the Service Provider will immediately cover it using Barricades at their own cost and submit a separate bill to Municipal Corporation Gurgaon for realization from the concerned contractor.

12. If an accident that has occurred on the street that has led to the loss of life, loss of property that requires police investigation, then Service Provider must not tamper the site. However as soon as police has completed their investigation such site shall be restored to sanitary condition. It shall of course be the duty of the Service Provider to immediately report such instances to Police at phone number 100 and also by clicking a picture and uploading to Gurgaon Police Facebook site.

13. The Service Provider will have to segregate waste right after collection in dry and wet category or as bio-degradable and non-bio-degradable components separately.

14. The Service Provider shall be allowed to remove the recyclable materials from the waste and make profits out of it. He shall also be allowed to use recyclable materials for composting or any other process. The Municipal Corporation Gurgaon will not claim any share out of the income derived out of these activities by the Service Provider. For carrying out such activities Municipal Corporation Gurgaon shall not provide any land or facility to the Service Provider

15. The Service Provider will upload a video/photo on the portal of Municipal Corporation Gurgaon at www.mcg.gov.in ever time he loads a vehicle from the designated point for dispatch to Bandhwari. This video must clearly show the effort of loading of Solid Waste from prescribed site and transportation to Bandhwari MSW treatment plant with date and time stamp clearly visible in the video/photo recording. The uploading of video/photo and other relevant work performed as mentioned in this clause will have to be done by the Service Provider every time moments within the dispatch of the vehicle.

16. The Service Provider shall inform Call Center facility of MCG and update them about each violation that they have resolved. Call Center facility will verify such instances after telephonic verification from applicant/monitor and then will mark that violation as resolved.

17. The Service Provider will also daily update the web portal of Municipal Corporation Gurgaon at www.mcg.gov.in about the receipt of solid waste disposed at Bandhwari MSW treatment plant. The web portal will allow such update only for the previous day information. Daily entries will be totaled. Failure to do so will automatically be considered as zero dump at Bandhwari MSW Treatment plant by the Service Provider.

18. Municipal Corporation Gurgaon will provide bio-metrics finger scan reader to the Service Provider on returnable basis (to be returned at the end of service term). The Service Provider will be responsible for getting all deputed staff registered in the servers of the Corporation before marking their attendance via Bio-Metrics reader. It will be responsibility of the Service Provider to keep the Bio-

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Metrics reader in ready to use condition and immediately take a replacement in case of failed equipment.

19. No Manual Attendance record whatsoever maintained will be counted for release of payment 20. The Service Provider or any of its personnel will not work on door to door collection of Garbage 21. There may be some informal operators carrying out the role of door to door collection of solid waste in

Zone 3. The Service Provider must ensure that such operators bring their solid waste to the prescribed collection site and carry out segregation tasks only at this site. The refuse left by such informal operator after segregation shall have to be gathered and transported to Bandhwari MSW treatment plant. It shall be the duty of Service Provider to ensure that no one, including such informal operators litter the streets or open spaces. Any littering so done by anyone shall have to be immediately addressed by the Service Provider by removing it to the prescribed site.

22. The Service Provider shall also be responsible for daily cleaning of Zone 3 Solid Waste Collection Point and spray to avoid foul odor.

23. The Service Provider shall also be responsible for routine spray of chemicals for prevention of Malaria and such diseases. MCG shall provide materials and machinery for such activities from time to time.

24. Other Conditions a. All disputes, differences, claims and demands arising under or pursuant to or touching the

contract shall be referred to the sole arbitrator of Commissioner, Municipal Corporation, Gurgaon. The award of the sole arbitrator shall be final and binding on both the parties under the provisions of the arbitration Act, 1996 or by statutory modification reenactment thereof for the time being in force. Such arbitration shall be held at Gurgaon.

b. In all matters and disputes arising there under, the appropriate Courts at Gurgaon alone shall have jurisdiction to entertain and try them.

c. The Service Provider must have valid PAN, EPF, ESI, Contract Labour license, Service Tax registrations and must comply with the provisions of these and other applicable labour and other laws.

d. The Service Provider shall, at his own expense, provide protective clothing, Photo Identity Cards (including name, age, address and designation) and equipments to all staff and labours engaged to the satisfaction of the Municipal Corporation Gurgaon, and on his failure to do so Municipal Corporation Gurgaon shall be entitled to provide the same and recover the cost from the Service Provider. Such clothing and equipment shall include, at minimum, protective footwear and gloves for workmen undertaking work of sweeping, waste removal and other allied works related to activities envisaged in the Contract.

e. The Service Provider shall, at his own expenses, provide first aid equipment at all camps and work sites to the satisfaction of the Commissioner, Municipal Corporation Gurgaon.

f. The Service Provider must cover all the employees deputed under all required insurance at his cost.

g. The Service Provider must transport Solid Waste in properly covered vehicles in good street worthy condition at his own cost as per MSW Rules, 2000

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h. If at any time any malpractice is perpetrated by the Service Provider the entire dues of the Service Provider shall stand forfeited and MCG will institute punitive legal action in respect thereof.

Payments

25. The Service Provider will initially be allocated the work for a period of only 2 months on probation. Service Provider must be able to earn at least 75% of the quoted/negotiated amount as per penality criteria mentioned below. In case of failure to do so, the Work Order will stand cancelled and both the security deposit and EMD shall be forfeited. After this probation period of 2 months; if for any two consecutive months during the period of this contract the Service Provider is unable to earn more than 80% of the quoted/negotiated amount as per penalty criteria mentioned below, this work order will be liable to be cancelled with EMD and Security Deposit forfeited.

26. Violation/Non-Sanitary Condition If any occurrence of the following instances is reported on the web site of Municipal Corporation Gurgaon at www.mcg.gov.in by anyone with proof in the form of photograph/video will be considered as violation/non-sanitary condition and a report of these will be automatically emailed to the Service Provider at an email address to be provided by the Service Provider:

a. Presence of litter/solid waste whether Recyclable or not b. Overflowing/untidy/dirty/broken dustbins c. Defaced poles/whether erected for street light, electric supply, telephone any defaced fixture

like and vent shafts etc. d. Blocked Drains, Street Gully or openly disposed sewage e. Presence of Dead Animal f. Any incidence that can reasonably be said to be a violation of any of the items 1 to 7 of scope of

work. 27. Work Performance will primarily be monitored by such Monitors of MCG as may be appointed by

Commissioner, Municipal Corporation Gurgaon from time to time. All Citizens will also be free to report violations and Service Provider shall have to resolve every such violation as reported in a period of 120 minutes to avoid penalties. Monitors may also give general guidance to reduce incidence of violations only in the first two weeks. Any report submitted after 4pm shall be counted for its resolution only in the next day.

28. Every violation reported on the web site of Municipal Corporation Gurgaon at www.mcg.gov.in by monitors will attract Rs. 25/- as penalty per report regardless whether or not resolved within 30 minutes in the first week from the start of work, Rs. 50/- per violation in the second week, Rs. 75/- per violation in the third week, Rs. 100 per violation in the fourth week and Rs. 200 per violation in the fifth and all subsequent weeks.

29. Though the monitors will take all care in this regard there’s a chance that sometimes merely on the basis of the provided photograph at www.mcg.gov.in the Service Provider may not be able to identify the site of problem. In such cases service provider shall be free to ask for further information to locate the site before he addresses the violation on the spot. Time so lost shall not be counted against the Service Provider provided he registers his inability to locate the site within the prescribed 120 minutes.

30. Schedule of Payment:

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The end objective of Municipal Corporation Gurgaon is ensuring absolute sanitary condition at all times from 7am to 5pm of Zone 3 and carriage of whatever waste is left after due segregation and removal of recyclable materials by the Service Provider to the SWM processing plant Bandhwari and nowhere else. So any occurrence of a violation which is reported on the web site of Municipal Corporation Gurgaon at www.mcg.gov.in and not fixed/resolved and reported within 120 minutes by the Service Provider at www.mcg.gov.in will lead to penalty/deduction of payment at the rate of 1% per 15 minute from payment due towards that day as the day of such occurrence of violation till the time it is not marked as resolved with photograph as proof. However, violations reported after 4pm and before 7am next day; its resolution and associated penalty will start at 7am. At the end of the day sum of all penalty % ages for violations not resolved in 120 minutes shall be divided by the total number of violations not resolved within 120 minutes on the portal that day, whether by Monitors or Citizens. The penalty %age for the day’s payment will equal the quotient of this division.

31. Service Provider will be automatically paid based on matrix defined below at the end of the month.

Labor Man Days as per bio-metrics attendance multiplied by minimum wage or 50% of cost quoted in financial bid at “A”(iii) whichever is lower

Transportation Sum of entries made daily as per Clause 15 on the web portal multiplied by cost quoted in Financial Bid at “B” (i) then multiplied by «DistanceToBandhwari» or 75% of cost quoted in Financial Bid at “B”(iv) whichever is lower

The difference of bid/negotiated price and the minimum automatic payment as detailed above will be the maximum amount of penalty that can be levied as per the penalty structure defined in clause 28 above and this remaining amount will be paid within 7 days from the date of submission of bill.

For further information, please contact:

Commissioner Municipal Corporation, Gurgaon Email: [email protected] Phone: (0124) 2220011 Fax: (0124)2225243

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BID PROPOSAL SHEET Zone 3

Service Provider’s Proposal Reference No. & Date:

Service Provider’s Name & Address:

Person to be contacted:

Designation:

Telephone No:

Fax No:

Mob No:

Email address:

“A” Estimated Area (in Sq. Mt.) to be swept including streets, open spaces, Chaupals, Cemetery and all public places in the Zone 3 Area in Sq. Mt. ___________________

“W” Estimate number of Sanitation Workers per day Number of Workers ________________

“T” Estimated tonne of Solid Waste to be Transported from prescribed site in Zone 3 to Bandhwari MSW Treatment Plant Tonnes per Day ___________________

Details of Vehicle that will transport Solid Waste from Prescribed Site to Bandhwari MSW Treatment Plant

Make of Vehicle ___________________ Model of Vehicle ___________________

Registration Year __________________ Registration Number ________________ (include copy of RC)

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PARTICULARS OF SERVICE PROVIDERS

SERVICE PROVIDER’S PARTICULARS FOR TENDER NO.__________________________ 1. Name of the Service Provider: _________________________ 2. Address of the Service Provider: __________________________________________________ __________________________________________________ 3. Year of Establishment (Of prime bidder in case of Consortium):___________ 4. Prior Similar Experience (Bidder or a Member of the Consortium)

Serial# Prime Bidder or Member Name

Year Experience in handling such similar Government Project

5. Gurgaon Office Details (Bidder or a Member of the Consortium)

Sr.No. Prime Bidder or Member

Office Address in Gurgaon/ NCR/ Delhi

6. Name & address of the officer :_____________________________ to whom all references shall be _____________________________ made regarding this tender. _____________________________ 7. Earnest Money Deposited Details:

Sr.No. DD No & Date Issuing Bank Amount Validity Date

8. Proof of turnover (Audited Balance Sheet of last three years). As of this date the information furnished in all parts of this form is accurate and true to the best of my knowledge.

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Signature Signature

Name Name

Designation Designation

Address

Address

Company Company

Date Date Company

Seal Company

Seal

Company Seal (With name & designation of the person signing the tender)

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Quotation Proforma - Financial Bid Name of Company/Firm:___________________________________________ Zone 3

A. Total Amount # Total Amount In Rupees (per month)

D Total Amount

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JC(HQ)/MCG/2012/999 20-MAR-2012

MUNICIPAL CORPORATION, GURGAON SHORT TENDER NOTICE

Sealed Tenders on prescribed form are invited from Companies/Organizations/NGOs having experience of facility management or Sanitation work on behalf of Commissioner, Municipal Corporation, Gurgaon to undertake the task of 7am to 5pm Complete Sanitation of Zone 4. List of area/colony/villages attached at Section 1. Sanitation Staff required for Zone 4 will be (Safai karamchari 402 and Supervisor 22)

The service provider shall be responsible for Complete Sanitation of the Zone 4 from 7am to 5pm of the day every day. The tasks involved are:

1. Daily Sweeping (once in the morning and then in the afternoon) of all streets, Chaupals, Cemetery, Community Center and all open spaces and public places of the Zone 4, collecting and transporting to the designated Solid Waste Collection Point in Zone 4 of all Solid Wastes including poly bags, sachets, plastics, over grown vegetation, discarded items, litter, kitchen waste etc. that do not belong to the street whether lying on the street or attached to a tree/plant/pole or any movable or immovable fixture on the street. Absolute clean environment is expected during 11 Am to 4 PM during the day.

2. Transportation of the collected waste from Solid Waste Collection Points will be done in covered vehicle equipped with GPS to Bandhwari MSW Treatment Plant by 5 pm daily ensuring that the Solid Waste Collection site remains in absolutely clean and neat condition after 5pm.

3. Twice Daily collection and transportation to the designated Solid Waste Collection Point of MSW 4. Providing suitable Dustbins in adequate numbers in the Zone 4 and maintenance thereof at all times in spic and span

condition. List is attached at Section 2. 5. Daily Surface Cleaning of all Open Drains, Street Gully, openly disposed Sewage and maintaining them blockage free and

deposition of silt so removed at site within the Zone 4 to be designated by the MCG. 6. Immediate removal of small and large Dead Animals including rat, cat, dog, goat, sheep, cow, bull, buffalo etc. from the street

and bury them as per MSW Rules 2000. 7. Additionally, the Service Provider shall have to provide reports which will be mentioned in the work order. Required report

formats will be provided with work order. 8. The attendance of staff deployed shall be monitored through biometric device provided by the Municipal Corporation Gurgaon. 9. The attendance of staff will be monitored in presence of designated monitors – one of them should be the councilor of the

ward/ Citizens of the area/RWA of the colony). 10. Monitors/ Monitoring team will monitor safai karamcharis during the day and submit his report prescribe directly to the call

center. 11. The responsibility for safety and proper functioning of the device provided shall fully rest on the contractor.

Detailed Tender Document can be seen and downloaded from www.mcg.gov.in.

Request for Proposal document and other information can be obtained from the office of the Joint Commissioner on payment of Rs. 5000 (non-refundable Demand Draft in favour of Commissioner Municipal Corporation, Gurgaon) on any working day, till 09-APR-2012 03:00 PM. Pre-bid Meeting is scheduled at 03-APR-2012 in the Conference Room of MCG. Interested parties to submit Technical Bid along with Demand Draft of Earnest Money in sealed envelope. The sealed tenders in prescribed format shall reach in the office of the Joint Commissioner Municipal Corporation, Gurgaon, Civil Lines Street, Near Pushpanjali Hospital, Gurgaon, Haryana - 122001 on 10-APR-2012 till 03:00 PM with an earnest money of Rs. 3,00,000/- in the form of Demand Draft/Pay Order favoring “Commissioner, Municipal Corporation Gurgaon”. Any tender without EMD shall be summarily rejected. This is a two bid tender. The bidder must submit two bids, a Technical Bid and a Financial Bid (Financial bid to be submitted online at http://mcg.etenders.in after registering yourself as a bidder). Technical bid must reach the office of MCG on 10-APR-2012 by 3:00pm and the financial bid shall be submitted online on 10-APR-2012 by 3:00pm. Commissioner Municipal Corporation, Gurgaon reserves the rights to accept reject any/all tenders without assigning any reason thereof at any time and allocate work in full or in part to one or more Service Providers.

Joint Commissioner For Commissioner Municipal Corporation, Gurgaon

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Cleanliness of areas falling within the limits of Municipal Corporation Gurgaon is one of the prime functions of the Corporation. The usual method of outsourcing manpower/machinery for sanitation work is based merely on controls on attendance of manpower and hours logged by machinery. This is fraught with risks of corruption and almost little attention to the quality of work. MCG wishes to test the feasibility of a new model wherein payment to the Service Provider will be made 50% of the quoted labor cost on the basis of bio-metrics attendance and remaining on the basis of quality of work output, both in prevention and promptness in the redress of violations. MCG shall asks its officials to frequently inspect the actual prevailing conditions in the area and update the portal of Municipal Corporation Gurgaon with photographs of violations observed by them. Citizens will also be free to do so. The Service Provider will get SMS and email alerts as soon as violations are uploaded on the Portal. Service provider will also make sure that his supervisors are monitoring the web portal for current complaints. It will be the responsibility of the Service Provider to clear the sanitary situation/ unaesthetic look and update Portal (www.mcg.gov.in) within 120 minutes to avoid penalties. Violations reported by Monitoring officials of MCG will also attract additional penalties, whether or not redressed in time. Any violations after 2 pm will directly attract penalty – the Service Provider will ensure that the violation was not created after 2 pm of the same day by keeping the entire area clean.

Section 1 List of Area/Colony/Villages

Zone Ward Locality

4 25 BADSHAHPUR

4 26 BEGUMPUR KHATOLA

4 26 BEGUMPUR KHATOLA VILLAGE

4 26 BEHRAMPUR ROAD HARIZAN COLONY

4 26 FAZILPUR JHARSA

4 26 FAZILPUR JHARSA VILLAGE

4 26 NEW BEHRAMPUR (O.G)

4 26 TEEKRI

4 26 TEEKRI VILLAGE

4 27 HANS ENCLAVE

4 27 ISLAMPUR

4 27 ISLAMPUR VILLAGE

4 27 NAHARPUR RUPA

4 27 NAHARPUR RUPA VILLAGE

4 27 NITIN VIHAR

4 27 RAJIV COLONY

4 26 INDRA COLONY

4 26 NARSINGPUR (part)

4 26 FAZILPUR JHARSA

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4 26 HARIZAN BASTI

4 26 GHASOLA

4 27 SHIV COLONY

4 28 JHARSA

4 28 JHARSA VILLAGE

4 28 PREM PURI

4 30 SAMASPUR

4 30 SAMASPUR VILLAGE

4 30 TIGRA

4 30 TIGRA VILLAGE

4 RAJIV CHOWK TO BADSHAHPUR ROAD

4 SOHNA ROAD, BADSHAHPUR CHOWK TO FERFERI

Section 2 MSW Pick points/ Dustbin Points

Details Of Dustbin Point & Dustbin Size in MCG Zone - 4 Z W Area Name Attendance

Point Transit Point

Dustbin Placed

Dustbin Size

No Of Transit Point

4 25 Vill Badshahpur

Near Shiv Mandir

i. Darbaaripur Road ii. Main Bazaar Chowk

4.5 Cum 4.5 Cum

25/1 25/2

4 26 Vill Fazilpur Near Unitech

Near House of Indraaj Ydav

4.5 cum

26/1

4 26 Vill Tikri Near Mandir

26/2

4 27 Vill Islampur

Near Chopaal

Main Sohna Road

4.5 Cum

27/1

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4 27 Vill Naharpur rupa , Hans Enclave , Rajeev Colony

Near Gopal School

i. Behind Govt.School ii.Samshan Ghat

27/2 27/3

4 28 Vill Jharasa Near Krishan mandir

i. Prem Puri ii. Infront of krihan mandir iii. Paltu ka khatta iv. Atul School vi. Gali Suraj bhan vii. Near MCG office

28/1 28/2 28/3 28/4 28/5 28/6 28/7

4 30 Vill Samaspr

Near Chopaal

Near Johar 4.5 Cum

30/1

4 31 Vill Tigra Near House of Anant ram Tanwar

i. Main Road Tigra ii. Near House of Som dutt

4.5 Cum 4.5 Cum

31/1 31/2

1. Submission of Tender This is a two bid tender. The bidder must submit two bids, a Technical Bid and a Financial Bid (Financial

bid to be submitted online at http://mcg.etenders.in after registering yourself as a bidder). The envelope containing technical bid, which must explain how the work is proposed to be carried out, should also include Demand Draft of Earnest Money. The financial bid will be opened only of those bidders whose bid qualifies technically. The second sealed envelope should contain only the Financial Bid.

1. Technical Bid shall consist of following: Any Bid Document Without the following Documents will be rejected.

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Detailed plan of carrying out operations as per scope of work explaining how you will ensure absolute cleanliness from 11 Am to 4 PM every day

Bid Proposal sheet duly filled in, signed and complete in all aspects

Details of Man power deployment

Details of Machinery deployment

Time and place of attendance will be as following:-

Details (including numbers, sites, design and capacity) of Dustbins proposed to be installed. Vendor will do a survey of the area and will propose the number of Bins.

Information Technology infrastructure both on-site and off-site for management of reporting and uploading on Portal at www.mcg.gov.in

Vendor will provide the list of vehicles which will carry MSW. In case of Hired vehicles the contracted vehicles shall be exclusive for Service Provider for the period of the Contract. Proof of Such Contract/Actual RC.

References of clients where he is rendering/rendered sanitation service to enable MCG to see for itself the standard of Service Provider’s quality of work. Certificates from clients regarding the length and quality of service shall be preferred.

The Bidder must have executed or have a work order of Sanitation or facility management work amount not less than Rs. 1 Crore in last one year and should have a minimum turnover of Rs. 2 Crore each in last 2 financial years.

Copies of Audited Balance Sheet of last 3 years

Proof of receipt of purchase of Tender

The Earnest Money of Rs. 3,00,000/- (Three lakh Rupees Only) in the form of Bank Demand Draft in favor of Commissioner, Municipal Corporation, Gurgaon, payable at Gurgaon.

Bank Accounts Details for automated RTGS payment including RTGS number

2. Financial Bid must consist of following:

Bid prices duly filled, signed and complete as per the Price Schedule on the prescribed Proforma.

2. Scope of Work

The successful bidder, hereafter called the Service Provider, is expected to take over complete sanitation of the Zone 4

3. The Service Provider shall be responsible for Complete Sanitation of the Zone 4 from 7am to 5pm involving work as mentioned below inclusive of all public places like Chaupal, Cemetery, and Community Center etc. The word Street in this document for all purposes is defined as the space between boundary line of privately owned buildings on both sides of the Street inclusive of central verge, service streets, pedestrian paths, green spaces and all vacant plots abutting the street, irrespective of their ownership in the said Zone 4: Sanitation Staff required for Zone 4 will be (Safai karamchari 402 and Supervisor 22)

1. Daily Sweeping (once in the morning and then in the afternoon) of all streets, Chaupals, Cemetery, Community Center and all open spaces and public places of the Zone 4, collecting and transporting to the designated Solid Waste Collection Point in Zone 4 of all Solid Wastes including poly bags, sachets, plastics, over grown vegetation, discarded

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items, litter, kitchen waste etc. that do not belong to the street whether lying on the street or attached to a tree/plant/pole or any movable or immovable fixture on the street. Absolute clean environment is expected during 11 Am to 4 PM during the day.

2. Transportation of the collected waste from Solid Waste Collection Points will be done in covered vehicle equipped with GPS to Bandhwari MSW Treatment Plant by 5 pm daily ensuring that the Solid Waste Collection site remains in absolutely clean and neat condition after 5pm.

3. Twice Daily collection and transportation to the designated Solid Waste Collection Point of MSW 4. Providing suitable Dustbins in adequate numbers in the Zone 4 and maintenance thereof at all times in spic and span

condition. List is attached at Section 2. 5. Daily Surface Cleaning of all Open Drains, Street Gully, openly disposed Sewage and maintaining them blockage

free and deposition of silt so removed at site within the Zone 4 to be designated by the MCG. 6. Immediate removal of small and large Dead Animals including rat, cat, dog, goat, sheep, cow, bull, buffalo etc. from

the street and bury them as per MSW Rules 2000. 7. Additionally, the Service Provider shall have to provide reports which will be mentioned in the work order. Required

report formats will be provided with work order. 8. The attendance of staff deployed shall be monitored through biometric device provided by the Municipal Corporation

Gurgaon. 9. The attendance of staff will be monitored in presence of designated monitors – one of them should be the councilor of

the ward/ Citizens of the area/RWA of the colony). 10. Monitors/ Monitoring team will monitor safai karamcharis during the day and submit his report prescribe directly to the

call center. 11. The responsibility for safety and proper functioning of the device provided shall fully rest on the contractor.

4. Service Provider is free to decide on how to execute the work. Municipal Corporation Gurgaon will

inspect man power deployment and the output of work performed on daily basis and also as per list of required equipments/machinery defined in annexure 2

5. Service Provider will deploy minimum of following machinery for the Zone:- 1. Dumper -2 2. Tractor- 8 3. Rickshaw Redi -65 4. Hand Trolley 84 5. JCB -1

6. Estimated tonnage for the day for the zone is approximately 45

TERMS and CONDITIONS Filing of Bid

7. This tender document is not transferable. 8. Schedule for Invitation of Tender:

1. Addressee and Address at which Tenders to be submitted: Municipal Corporation, Gurgaon, Haryana Email: [email protected] Phone: (0124) 2220011 Fax: (0124) 2225243

2. Last Date of Sale of Tender: 02-APR-2012 till 09:00 PM 3. Last date and time for receipt of Tenders: Up to 03:00 PM on 10-APR-2012 4. Place Time and Date of opening of Technical Bids:

Municipal Corporation,

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Civil Line, Gurgaon At 04:00 PM on 10-APR-2012

5. Place Time and Date of opening of Financial Bids: Office of the Concerned Joint Commissioner as mentioned above. The date of opening of the financial bids shall be intimated subsequently and the financial bids of only those Service Providers shall be opened who will qualify the technical bid criteria.

6. Date till which the tender is valid: 90 days from the opening of the Technical Bid i. The MCG shall not be responsible for any postal delay about non-receipt / non-delivery

of the documents. ii. Conditional Tenders and tenders with deviations will be summarily rejected.

9. The bidder shall bear all costs associated with the preparation and submission of its Bid, including cost of presentation for the purposes of clarification of the bid, if so desired by the MCG and MCG will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the Tendering process.

10. The bidder is expected to examine all instructions, forms, terms and specifications in the Tender Document. Failure to furnish all information required in the Tender Document or submission of a bid not substantially responsive to the Tender Document in every respect will be at the bidders risk and may result in the rejection of the bid.

11. A prospective bidder requiring any clarification of the Tender Document may notify the MCG in writing. The MCG will respond in writing to any request for clarification of the Tender Document, received, not later than 7 days prior to the last date for the receipt of bids prescribed by the MCG.

12. Written copies of the MCG responses (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective bidders who have received the Tender Document.

13. Any agency/company blacklisted by any government agencies in India shall not be allowed to participate in the tender

14. At any time the MCG may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective bidder, modify the Tender Document by an amendment.

15. The amendment will be notified in writing or by email or fax to all prospective bidders who have purchased the Tender Documents and will be binding on them.

16. In order to afford bidders reasonable time in which to take the amendment into account in preparing their bids, the MCG may, at its discretion, extend the last date for the receipt of Bids.

17. The Bids prepared by the prospective bidder and all correspondence and documents relating to the bids exchanged by the prospective bidder and the MCG, shall be written in the English language, provided that any printed literature furnished by the bidder may be written in another language so long as accompanied by an English translation in which case, for purposes of interpretation of the bid, the English translation shall govern.

18. The bidder can be an individual company/firm/NGO or a group of companies/firms as a Consortium of maximum three 3 members with one as the prime bidder.

19. The bidder shall make independent enquiry and satisfy itself with respect to all the required information, inputs, conditions and circumstances and factors that may have any effect on his bid. While submitting Bid the Bidder shall be deemed to have inspected and examined the prevailing

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conditions all along the street, figured out what laws and regulations of the Government of India and of Haryana have a bearing on his proposed operations on the street. The mere filing of the bid shall be a presumption of an acknowledgment that, on being selected as the Service Provider he shall not be entitled to any extension of time or financial compensation by reason of the obtaining conditions at the Site for whatever reason.

20. The prices quoted shall be inclusive of all Taxes, fees, charges and duties throughout the period of contract & this contract.

21. The bidder should further clarify that the individual signing all documents in connection with the tender whether he or she signs as: -

i. A partner of the firm if it is partnership, in which case he must have authority to refer to arbitration disputes concerning the business partnership either by virtue of the partnership agreement or a power of attorney. In the alternative the tender should be signed by all the partners.

ii. Constituted attorney of the firm, if it is a company. 22. The bidder shall deposit an Earnest money of 3,00,000/- in the form of Bank Draft in favor of

Commissioner, Municipal Corporation, Gurgaon payable at Gurgaon. Tenders submitted without earnest money shall be rejected.

In the Event of Bidder being selected as the Service Provider

1. The MCG reserves the right to outsource complete or a part of the job and the MCG’s decision in this matter shall be final.

2. Upon award of the tender the Service Provider shall have to deposit a security amount equal to 10% of the total annual value of the work within four days from the date of work order. Failure to do so will result in forfeiture of EMD and cancellation of work order. This Security deposit will be refunded only after 3 months of successful completion and signoff of work.

3. A Detailed work agreement will be signed by the Service Provider with Municipal Corporation Gurgaon 4. The Service Provider shall have to ensure that MSW is collected and transported in full compliance with

the MSW Management and Handling Rules, 2000 and ensure that following activities are not allowed to be undertaken:

a. Burning of garbage/MSW in any manner b. Mixing of Bio-Medical waste with the MSW c. Mixing of other types of wastes such as Industrial Waste, Hazardous Waste, carcass, e-waste

and Construction waste with the MSW?? 5. That Service Provider shall be solely responsible for all Central/State Government statutory

compliances especially the laws related with Labour, Labour Welfare, Minimum Wages etc. If any notice is served to the Service Provider for any non-compliance by any Central/State Government authority, The Service Provider shall have to inform Municipal Corporation Gurgaon about its right away. The Service Provider shall also keep the MCG posted about all subsequent developments with regard to such notices.

6. The Service Provider shall be solely responsible for ensuring that the behavior of his staff, especially those engaged in the preemptive work, with the public is highly courteous. In case of an individual/

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organization persistently ignoring the advice of the Service Provider’s personnel, the Service Provider shall bring the matter to the notice of Municipal Corporation Gurgaon of individual for initiating legal action against the defaulter.

7. The Monitors to be appointed by Commissioner, Municipal Corporation Gurgaon from time to time may make as many visits to the Zone 4 as they may desire and will make observations of violations/non-sanitary conditions with photographs supporting his/her observation. Such violations will be uploaded on the web portal of Municipal Corporation Gurgaon at www.mcg.gov.in. Monitors will be free to create such incidents of violations as they may like and upload them on the portal in case of being successful in a manner as if it is violation submitted by a Citizen. Let us put the exact realistic schedule of monitoring and reporting. Reporting schedule will be provided to the monitors

8. FAIR WAGES a. The Service Provider shall pay not less than fair wage/minimum wages to laborers engaged by

him on the work as revised from time to time by the Government of Haryana. Fair Wages means minimum wages for time or piece of work, fixed or revised, as established by the State Government under the Minimum Wages Act, 1948.

b. The Service Provider shall, notwithstanding, the provisions of any Contract to the contrary, cause to be paid fair wages to laborers indirectly engaged on the work, including any labor engaged by his sub-Contractor in connection with the said work, as if the laborers have been immediately or directly employed by him.

c. In respect of all laborers, immediately or directly employed on the work, for the purpose of the Service Provider’s part of this agreement, the Service Provider shall comply with or cause to be complied with, Contract Labour Regulations made, or that may be made, the Government, from time to time, in regards to payment of wages, wage period, deductions from wages, recovery of wages not paid, and unauthorized deductions, maintenance of wages register, wage card, publication of scale of wages and other terms of employment, inspection and submission of periodical returns, and all other matters of a like nature.

d. Municipal Corporation Gurgaon shall have right to deduct, from the money due to the Service Provider, any sum required or estimated to be required for making good the loss suffered by a worker or workers by reasons of non-fulfillment of the conditions of the contract for the benefit of the worker or workers, non-payment of wages or of deductions made there from, which are not justified the terms of the contract or as a result of non-observance of the aforesaid regulations.

a. Compulsory to Submit ESI and EPF for all the staff working for MCG Sanitation contracts. i. PS and ESI shall be mentioned in the financial bid documents.

b. The regulations, aforesaid shall be deemed to be part of this Contract and any breach thereof, shall be deemed to be breach of the Contract.

9. The tender will for a period of One year from the date of work order.

10. Force Majeure:

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A. Notwithstanding anything to be contrary elsewhere contained in this Agreement between the parties, neither party shall, in any event regardless of the form of claim, be liable for

i. Any indirect, special, punitive, exemplary, speculative of consequential damages, including but not limited to, any loss of use, loss of data, business interruption, and loss of income or profit, irrespective of whether if has an advance notice of any such damages or

B. A party is not liable for failure to perform the party's obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, strike, lockout or interruption or failure of electricity or telephone service.

C. If a party asserts Force Majeure as an excuse for failure to perform the party's obligation, then the nonperforming party must prove that the party took reasonable steps to minimize delay or damages caused by foreseeable events, that the party substantially fulfilled all non-excused obligations, and that the other party was timely notified of the likelihood or actual occurrence of an event.

11. Any disturbance caused in sanitary condition due to an ongoing engineering work whether of Municipal Corporation Gurgaon or of some other department will not be counted against Service Provider. However in cases of earth digging work which is left in open condition, the Service Provider will immediately cover it using Barricades at their own cost and submit a separate bill to Municipal Corporation Gurgaon for realization from the concerned contractor.

12. If an accident that has occurred on the street that has led to the loss of life, loss of property that requires police investigation, then Service Provider must not tamper the site. However as soon as police has completed their investigation such site shall be restored to sanitary condition. It shall of course be the duty of the Service Provider to immediately report such instances to Police at phone number 100 and also by clicking a picture and uploading to Gurgaon Police Facebook site.

13. The Service Provider will have to segregate waste right after collection in dry and wet category or as bio-degradable and non-bio-degradable components separately.

14. The Service Provider shall be allowed to remove the recyclable materials from the waste and make profits out of it. He shall also be allowed to use recyclable materials for composting or any other process. The Municipal Corporation Gurgaon will not claim any share out of the income derived out of these activities by the Service Provider. For carrying out such activities Municipal Corporation Gurgaon shall not provide any land or facility to the Service Provider

15. The Service Provider will upload a video/photo on the portal of Municipal Corporation Gurgaon at www.mcg.gov.in ever time he loads a vehicle from the designated point for dispatch to Bandhwari. This video must clearly show the effort of loading of Solid Waste from prescribed site and transportation to Bandhwari MSW treatment plant with date and time stamp clearly visible in the video/photo recording. The uploading of video/photo and other relevant work performed as mentioned in this clause will have to be done by the Service Provider every time moments within the dispatch of the vehicle.

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16. The Service Provider shall inform Call Center facility of MCG and update them about each violation that they have resolved. Call Center facility will verify such instances after telephonic verification from applicant/monitor and then will mark that violation as resolved.

17. The Service Provider will also daily update the web portal of Municipal Corporation Gurgaon at www.mcg.gov.in about the receipt of solid waste disposed at Bandhwari MSW treatment plant. The web portal will allow such update only for the previous day information. Daily entries will be totaled. Failure to do so will automatically be considered as zero dump at Bandhwari MSW Treatment plant by the Service Provider.

18. Municipal Corporation Gurgaon will provide bio-metrics finger scan reader to the Service Provider on returnable basis (to be returned at the end of service term). The Service Provider will be responsible for getting all deputed staff registered in the servers of the Corporation before marking their attendance via Bio-Metrics reader. It will be responsibility of the Service Provider to keep the Bio-Metrics reader in ready to use condition and immediately take a replacement in case of failed equipment.

19. No Manual Attendance record whatsoever maintained will be counted for release of payment 20. The Service Provider or any of its personnel will not work on door to door collection of Garbage 21. There may be some informal operators carrying out the role of door to door collection of solid waste in

Zone 4. The Service Provider must ensure that such operators bring their solid waste to the prescribed collection site and carry out segregation tasks only at this site. The refuse left by such informal operator after segregation shall have to be gathered and transported to Bandhwari MSW treatment plant. It shall be the duty of Service Provider to ensure that no one, including such informal operators litter the streets or open spaces. Any littering so done by anyone shall have to be immediately addressed by the Service Provider by removing it to the prescribed site.

22. The Service Provider shall also be responsible for daily cleaning of Zone 4 Solid Waste Collection Point and spray to avoid foul odor.

23. The Service Provider shall also be responsible for routine spray of chemicals for prevention of Malaria and such diseases. MCG shall provide materials and machinery for such activities from time to time.

24. Other Conditions a. All disputes, differences, claims and demands arising under or pursuant to or touching the

contract shall be referred to the sole arbitrator of Commissioner, Municipal Corporation, Gurgaon. The award of the sole arbitrator shall be final and binding on both the parties under the provisions of the arbitration Act, 1996 or by statutory modification reenactment thereof for the time being in force. Such arbitration shall be held at Gurgaon.

b. In all matters and disputes arising there under, the appropriate Courts at Gurgaon alone shall have jurisdiction to entertain and try them.

c. The Service Provider must have valid PAN, EPF, ESI, Contract Labour license, Service Tax registrations and must comply with the provisions of these and other applicable labour and other laws.

d. The Service Provider shall, at his own expense, provide protective clothing, Photo Identity Cards (including name, age, address and designation) and equipments to all staff and labours engaged to the satisfaction of the Municipal Corporation Gurgaon, and on his failure to do so Municipal

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Corporation Gurgaon shall be entitled to provide the same and recover the cost from the Service Provider. Such clothing and equipment shall include, at minimum, protective footwear and gloves for workmen undertaking work of sweeping, waste removal and other allied works related to activities envisaged in the Contract.

e. The Service Provider shall, at his own expenses, provide first aid equipment at all camps and work sites to the satisfaction of the Commissioner, Municipal Corporation Gurgaon.

f. The Service Provider must cover all the employees deputed under all required insurance at his cost.

g. The Service Provider must transport Solid Waste in properly covered vehicles in good street worthy condition at his own cost as per MSW Rules, 2000

h. If at any time any malpractice is perpetrated by the Service Provider the entire dues of the Service Provider shall stand forfeited and MCG will institute punitive legal action in respect thereof.

Payments

25. The Service Provider will initially be allocated the work for a period of only 2 months on probation. Service Provider must be able to earn at least 75% of the quoted/negotiated amount as per penality criteria mentioned below. In case of failure to do so, the Work Order will stand cancelled and both the security deposit and EMD shall be forfeited. After this probation period of 2 months; if for any two consecutive months during the period of this contract the Service Provider is unable to earn more than 80% of the quoted/negotiated amount as per penalty criteria mentioned below, this work order will be liable to be cancelled with EMD and Security Deposit forfeited.

26. Violation/Non-Sanitary Condition If any occurrence of the following instances is reported on the web site of Municipal Corporation Gurgaon at www.mcg.gov.in by anyone with proof in the form of photograph/video will be considered as violation/non-sanitary condition and a report of these will be automatically emailed to the Service Provider at an email address to be provided by the Service Provider:

a. Presence of litter/solid waste whether Recyclable or not b. Overflowing/untidy/dirty/broken dustbins c. Defaced poles/whether erected for street light, electric supply, telephone any defaced fixture

like and vent shafts etc. d. Blocked Drains, Street Gully or openly disposed sewage e. Presence of Dead Animal f. Any incidence that can reasonably be said to be a violation of any of the items 1 to 7 of scope of

work. 27. Work Performance will primarily be monitored by such Monitors of MCG as may be appointed by

Commissioner, Municipal Corporation Gurgaon from time to time. All Citizens will also be free to report violations and Service Provider shall have to resolve every such violation as reported in a period of 120 minutes to avoid penalties. Monitors may also give general guidance to reduce incidence of violations only in the first two weeks. Any report submitted after 4pm shall be counted for its resolution only in the next day.

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28. Every violation reported on the web site of Municipal Corporation Gurgaon at www.mcg.gov.in by monitors will attract Rs. 25/- as penalty per report regardless whether or not resolved within 30 minutes in the first week from the start of work, Rs. 50/- per violation in the second week, Rs. 75/- per violation in the third week, Rs. 100 per violation in the fourth week and Rs. 200 per violation in the fifth and all subsequent weeks.

29. Though the monitors will take all care in this regard there’s a chance that sometimes merely on the basis of the provided photograph at www.mcg.gov.in the Service Provider may not be able to identify the site of problem. In such cases service provider shall be free to ask for further information to locate the site before he addresses the violation on the spot. Time so lost shall not be counted against the Service Provider provided he registers his inability to locate the site within the prescribed 120 minutes.

30. Schedule of Payment: The end objective of Municipal Corporation Gurgaon is ensuring absolute sanitary condition at all times from 7am to 5pm of Zone 4 and carriage of whatever waste is left after due segregation and removal of recyclable materials by the Service Provider to the SWM processing plant Bandhwari and nowhere else. So any occurrence of a violation which is reported on the web site of Municipal Corporation Gurgaon at www.mcg.gov.in and not fixed/resolved and reported within 120 minutes by the Service Provider at www.mcg.gov.in will lead to penalty/deduction of payment at the rate of 1% per 15 minute from payment due towards that day as the day of such occurrence of violation till the time it is not marked as resolved with photograph as proof. However, violations reported after 4pm and before 7am next day; its resolution and associated penalty will start at 7am. At the end of the day sum of all penalty % ages for violations not resolved in 120 minutes shall be divided by the total number of violations not resolved within 120 minutes on the portal that day, whether by Monitors or Citizens. The penalty %age for the day’s payment will equal the quotient of this division.

31. Service Provider will be automatically paid based on matrix defined below at the end of the month.

Labor Man Days as per bio-metrics attendance multiplied by minimum wage or 50% of cost quoted in financial bid at “A”(iii) whichever is lower

Transportation Sum of entries made daily as per Clause 15 on the web portal multiplied by cost quoted in Financial Bid at “B” (i) then multiplied by «DistanceToBandhwari» or 75% of cost quoted in Financial Bid at “B”(iv) whichever is lower

The difference of bid/negotiated price and the minimum automatic payment as detailed above will be the maximum amount of penalty that can be levied as per the penalty structure defined in clause 28 above and this remaining amount will be paid within 7 days from the date of submission of bill.

For further information, please contact:

Commissioner Municipal Corporation, Gurgaon Email: [email protected] Phone: (0124) 2220011 Fax: (0124)2225243

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BID PROPOSAL SHEET Zone 4

Service Provider’s Proposal Reference No. & Date:

Service Provider’s Name & Address:

Person to be contacted:

Designation:

Telephone No:

Fax No:

Mob No:

Email address:

“A” Estimated Area (in Sq. Mt.) to be swept including streets, open spaces, Chaupals, Cemetery and all public places in the Zone 4 Area in Sq. Mt. ___________________

“W” Estimate number of Sanitation Workers per day Number of Workers ________________

“T” Estimated tonne of Solid Waste to be Transported from prescribed site in Zone 4 to Bandhwari MSW Treatment Plant Tonnes per Day ___________________

Details of Vehicle that will transport Solid Waste from Prescribed Site to Bandhwari MSW Treatment Plant

Make of Vehicle ___________________ Model of Vehicle ___________________

Registration Year __________________ Registration Number ________________ (include copy of RC)

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PARTICULARS OF SERVICE PROVIDERS

SERVICE PROVIDER’S PARTICULARS FOR TENDER NO.__________________________ 1. Name of the Service Provider: _________________________ 2. Address of the Service Provider: __________________________________________________ __________________________________________________ 3. Year of Establishment (Of prime bidder in case of Consortium):___________ 4. Prior Similar Experience (Bidder or a Member of the Consortium)

Serial# Prime Bidder or Member Name

Year Experience in handling such similar Government Project

5. Gurgaon Office Details (Bidder or a Member of the Consortium)

Sr.No. Prime Bidder or Member

Office Address in Gurgaon/ NCR/ Delhi

6. Name & address of the officer :_____________________________ to whom all references shall be _____________________________ made regarding this tender. _____________________________ 7. Earnest Money Deposited Details:

Sr.No. DD No & Date Issuing Bank Amount Validity Date

8. Proof of turnover (Audited Balance Sheet of last three years). As of this date the information furnished in all parts of this form is accurate and true to the best of my knowledge.

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Signature Signature

Name Name

Designation Designation

Address

Address

Company Company

Date Date Company

Seal Company

Seal

Company Seal (With name & designation of the person signing the tender)

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Quotation Proforma - Financial Bid Name of Company/Firm:___________________________________________ Zone 4

A. Total Amount # Total Amount In Rupees (per month)

D Total Amount

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