Municipal Corporation Gurgaon - e Tendersmcg.etenders.in/tpoimages/mcg/tender/Tender3804.pdf · MUNICIPAL CORPORATION GURGAON TENDER/COMMUNITY PARTICIPATION NOTICE Online bids are

Municipal Corporation Gurgaon

TENDER/COMMUNITY PARTICIPATION NOTICE

and

CONTRACT DOCUMENT

For Procurement of Civil/Mechanical/Electrical Works under Local Competitive Bidding

Procedure.

Name of Work: Making connection of storm water drain along sohna road into the Badshahpur drainat Vatika Chowk Badshahpur, Ward No-25, Gurgaon

Aps.

Name of Agency : ………………………………………………………………..........

………………………………………………………………..........Agreement No. : ………………………………………………………………..........

-Sd-

Signature of Office Assistant Tender/Community Participation Notice No..……………



and

CONTRACT DOCUMENT


Procedure.


Aps.

Name of Agency : ………………………………………………………………..........

………………………………………………………………..........Agreement No. : ………………………………………………………………..........

-Sd-




and

CONTRACT DOCUMENT


Procedure.


Aps.

Name of Agency : ………………………………………………………………..........

………………………………………………………………..........Agreement No. : ………………………………………………………………..........

-Sd-


-Sd-Contractor Witness Executive Engineer

- 1 -

PRESS NOTICE

Municipal Corporation GurgaonTender/Community Participation Notice

No. EE-IV/MCG/2016/ Dated:

1. Online bids are hereby invited on behalf of Commissioner MCG for the works mentioned below:-

Name of Work:Making connection of storm water drain along sohna road into the Badshahpur drain at VatikaChowk Badshahpur, Ward No-25, Gurgaon

Sr. No. of work Bid documentCost

Rs. in Lac

Earnest Moneyin Rs.

Tender/CommunityParticipation

Notice DocumentFee

in Rs.

During date & Time

Downloading ofTender/CommunityParticipation NoticeDocument alongwithTender/CommunityParticipation Noticefees

Online Bidpreparation and hashsubmission

1 2.09 5000/- 1000/- From 22.11.2016 at22.01 Hrs

Up to 28.11.2016 at17:00 Hrs

1. Tender/Community Participation Notice will be opened on dated From 30.11.2016 at 16:01 Hrs to 02.12.2016 17:00 Hrs2. The detail Tender/Community Participation Notice notice can be seen on website: http://mcg.gov.in3. Possession of Digital Signature Certificate (DSC) and registration of the contractors on the portal i.e.

http://mcg.eTender/Community Participation Notices.in is a prerequisite for e-Tender/Community ParticipationNoticeing. Kindly contact O/o NexTender/Community Participation Notices (India) Pvt. Ltd., O/o Municipal CorporationFaridabad, B.K. Chock, NIT Faridabad. Contact persons : Sh. Sanjay Kumar 08743042801

For any other queries, please contact Executive Engineer, Div. No.-4, Municipal Corporation Gurgaon Tel. (M)9821395208 Address: Plot No. C-1, Infocity, Sector-34, Gurgaon.

4. The Contractor Should be enlisted up to the limit of Tender/Community Participation Noticeed amount.5. The Earnest Money will be submitted through Online payment or deposited in MCG through G-8 in CFC Branch Municipal

Corporation Gurgaon. Demand Draft will not be accepted in any case.For further details and e-Tender/Community Participation Noticeing schedule, visit websitehttp://mcg.eTender/Community Participation Notices.in

For & on behalf of Commissioner MCG

Sd/-Mohd. ZubairExecutive Engineer-IVMunicipal Coporation,GurgaonEmail id: [email protected]


- 2 -MUNICIPAL CORPORATION GURGAON


Online bids are hereby invited on behalf of Commissioner MCG for the following work as mentionedbelow:-


ASr. No. of

workBid

documentCost

Rs. in Lac

EarnestMoney

Rs.

Tender/CommunityParticipation

Notice DocumentFee

in Rs.

During date & Time

Downloading ofTender/CommunityParticipation NoticeDocument & PaymentofTender/CommunityParticipation NoticeDocument fees

Online Bidpreparation and hashsubmission

1 2.09 5000/- 1000/- From 22.11.2016 at22.01 Hrs

Up to 28.11.2016 at17:00 Hrs

1. Tender/Community Participation Notice documents can be seen on website: http://mcg.gov.in and downloadedonlinefrom the Portal: http://mcg.eTender/Community Participation Notices.in by the Firms / Individual registered on the Portal.

2. As the Bids are to be submitted online and are required to be encrypted and digitally signed, the Bidders are advised to obtainDigital Signature Certificate (DSC) at the earliest. For obtaining Digital Certificate, the Bidders should follow point No. 3 under"Annexure-A - Conditions of e-Tender/Community Participation Noticeing".


- 3 -3. Key Dates

Sr. No. MCG State Contractor Stage Start Date and Time Expiry Date and Time1 Release of Tender/Community

Participation Notice document22-11-201610:00 Hrs.

22-11-201622:00 Hrs.

2

-

Downloading ofTender/CommunityParticipation Notice

Documents alongwithTender/CommunityParticipation Notice

fees

22-11-201622:01 Hrs.

28-11-201617:00 Hrs.

3-

Online BidPreparation & Hash

Submission

22-11-201622:30 Hrs.

28-11-201617:00 Hrs.

4 Technical & Financial Lock-

28-11-201614:31 Hrs.

29-11-201616:00 Hrs.

5-

Re-Encryption ofOnline Bids

29-11-201616:01 Hrs.

30-11-201616:00 Hrs.

6 Open EMD & Technical/PQ Bid-

30-11-201616:01 Hrs.

02-12-201617:00 Hrs.

7 Eligibility criteria evaluation-

30-11-201616:01 Hrs.

02-12-201617:00 Hrs.

8 Open Financial/Price-Bid-

30-11-201616:01 Hrs.

02-12-201617:00 Hrs.

1. 4. The Bidders can download the Tender/Community Participation Notice documents from the Portal:http://mcg.eTender/Community Participation Notices.in. Tender/Community Participation Notice Documents Fees has to be paidonline through payment gateway during the "Downloading of Tender/Community Participation Notice Document & Payment ofTender/Community Participation Notice Document fees" stage and Earnest Money Deposit has to be submitted through DemandDraft in the name of Commissioner, Municipal Corporation Gurgaon.

a) Name of a/c holder from whose a/c payment for earnest money has been made by the agencyb) A/C No.c) Name of the Bankd) Transaction IDe) Date of time of transactionf) Mode of payment is through RTGS, Demand Draft, Net banking, Credit card etc.g) Amount of Payment

Willing Contractors shall have to pay the Tender/Community Participation Notice Document Fees through payment gatewayduring the "Downloading of Tender/Community Participation Notice Document & Payment of Tender/Community Participation NoticeDocument fees" stage. However, as the details of the EMD are required to be filled at the time of Bid Preparation and Hash Submissionstage, the Bidders are required to keep the EMD details ready beforehand.

5. The Tender/Community Participation Notice shall be submitted by the bidder in the following three separate envelops online:1. Earnest Money and all the documents

in support of eligibility criteria - Envelope 'ED'2. N.I.T. and Technical Bid - Envelope 'T I'3. Price Bid - Envelope 'C I'

Note:- Online Bidders shall submit the EMD or through Net Banking / Credit card. Documents in support of eligibility criteria shallalso be submitted in Envelope 'ED'. Price Bids are to be submitted mandatory online and shall not be accepted in anyphysical form.

Reference of the EMD is to be mentioned online.


- 4 -The envelopes 'ED' & 'TI' shall be kept in a big outer envelop, which shall also be sealed. In the first instance, the Envelop - 'ED' of all theBidders containing the Earnest Money and documents supporting eligibility criteria shall be opened online. If the Earnest Money andeligibility of bidder is found proper, the Envelop 'TI' containing Technical Bid shall be opened in the presence of such bidders who eitherthemselves or through their representatives choose to be present. The Technical and Financial bid shall be opened only if the bidders meetthe eligibility criteria as per the Bid document.

The bidder will submit the necessary documents as under.

Envelope 'ED' - Earnest Money Deposit and eligibility criteria Envelop

Online EMD Envelope-Reference details of the Earnest Money Deposit instrument and scanned copy of documents supporting eligibilitycriteria.

Envelope 'TI' - Technical Bid Envelope

Online Technical Envelope - All the information and scanned copies of the Documents / Certificates as required to be submitted as perthe Tender/Community Participation Notice. Also, all such documents, if any, that cannot be submitted online i.e. all the Information andDocuments / Certificates as required to be submitted in physical technical envelope as per the Tender/Community Participation Notice.

Envelope 'CI' - Price Bid Envelope

To be submitted mandatory online- "Information related to Price Bid of the Tender/Community Participation Notice". The Envelopes"ED" & "TI" shall be placed in another envelop of bigger size clearly marking the name of agency & name of work. In case, the Biddershave submitted all the information and documents/ certificates required as a part of Technical Bid online, physical Envelope "TI" shall besubmitted clearly marking "Blank".

The bidder can submit their Tender/Community Participation Notice documents as per the dates mentioned in the schedule above.

CONDITONS:-

(1) Application for Tender/Community Participation Notice documents must accompany with an attested copy of registrationcertificate of the contractor at the time of submission of Tender/Community Participation Notice.

(2) Tender/Community Participation Notice of societies shall be accepted on production of resolution duly attested by the registrarof society or authorized person.

(3) The execution of entire work shall be monitored by a citizen supervisory committee comprising persons who are stake holder inthe work. The contractor shall be bound to keep the committee apprised of various important phases of the work right from thebeginning till the end. The contractor shall also give due consideration to the suggestion of this committee with regard to thequality of work from time to time. In case of contractor finds such suggestion to be unacceptable, the matter shall be brought inthe notice of Engineer-in-charge.

(4) The Tender/Community Participation Notice without earnest money will not be opened.(5) The jurisdiction of court will be at Gurgaon.(6) The Tender/Community Participation Notice of the bidder who does not satisfy the eligibility criteria in the bid documents is

liable to be rejected summarily without assigning any reason and no claim whatsoever on this account will be considered.(7) The bid for the work shall remain open for acceptance during the bid validity period to be reckoned from the date of "Online Bid

preparation and Hash submission". If any bidder withdraws his bid before the said period, any modifications in the terms andconditions of the bid, the said earnest money shall stand forfeited. Bids would require to be valid for 3 months from the date ofclosing of online "Bid preparation and Hash submission stage".

(8) Tender/Community Participation Notice form for Bituminous road work will be issued only to:-

(i) Such road work contractual agencies that produce requisite documents to the satisfaction of Engineer-in Charge that they havealready installed HMP or own spare Hot Mix plant along with requisite machinery for transportation of mix material is lyingwith paver & compaction with road rollers as per specifications. Such existing or to be installed Hot Mix Plant will be locatedwithin 30Km. distance from the site of work(s) to keep the temperature of mix material to the required level.

OR(ii) Such contractual agencies who produce the requisite documentary proof to the satisfaction of Engineer-in Charge for obtaining

the H.M.P. & other machinery on lease as specified in above sub-Para (i) from an authorized and established leasingcompany/agency already engaged in this business.

For and On Behalf of Commissioner MCG

-Sd-E

xe


- 5 -cutive

Engineer

Endst No. Dated

A copy of above is forwarded to the following for information and wide publicity:

1. Mayor, Municipal Corporation, Gurgaon2. Commissioner, Municipal Corporation Gurgaon.3. Deputy Commissioner, Gurgaon.4. Chief Engineer, Municipal Corporation Gurgaon.5. Superintending Engineer, Municipal Corporation Gurgaon.6. Superintending Engineer, P.W.D. (B&R) Circle, Gurgaon.7. Superintending Engineer, Public Health Engineering Circle, Gurgaon.8. Superintending Engineer, Circle No. 1 & 2, HUDA, Gurgaon.9. GM, BSNL Gurgaon for taking necessary steps during execution of works.10. Chief Account Officer, Municipal Corporation Gurgaon.11. Executive Engineer III/ V/ VI,/Roads Municipal Corporation Gurgaon.12. Executive Engineer, Marketing Board, Gurgaon.13. Executive Engineer, Public Health Engineering Division, Gurgaon.14. Executive Engineer, PWD B&R Prov. Division No. 1 & 2, Gurgaon.15. Assistant Engineer- I,II (WSS), Municipal Corporation Gurgaon.16. Dy. Director (Audit), Municipal Corporation Gurgaon.17. Assistant Register, Cooperative Societies, Gurgaon.18. Manager, Gurgaon Distt. Co-op. L/C Federation Ltd. 209/3 Gopal Nagar, Gurgaon.19. Notice Board, Municipal Corporation Gurgaon.20. CFC, Municipal Corporation Gurgaon for publication on net.21. Various Contractors.

For and On Behalf of Commissioner MCG

v

Mohd. ZubairExecutive Engineer-IVMunicipal CorporationGurgaonEmail id: [email protected]

Gurgaon


- 6 -ANNEXURE-A

CONDITIONS OF E-TENDER/COMMUNITY PARTICIPATION NOTICEINGInstructions to Contractors on Electronic Tender/Community Participation Noticeing

1. These conditions will over-rule the conditions stated in the Tender/Community Participation Notice documents, whereverrelevant and applicable.

2. All the Contractors intending to participate in the Tender/Community Participation Notices processed online, are required to getregistered for the Electronic Tender/Community Participation Noticeing System on the Portal http://mcg.eTender/CommunityParticipation Notices.in For more details, please see the information in Registration info link on the home page.

3. Obtaining a Digital Certificate:

3.1 The Bids submitted online should be encrypted and signed electronically with a Digital Certificate to establish the identity of thebidder bidding online. A digital signature certificate has two keys i.e. Public Key and Private Key. Public Key is used to encrypt the dataand Private Key is used to decrypt the data. Encryption means conversion of normal text into coded language whereas decryption meansconversion of coded language into normal text. These Digital Certificates are issued by an approved certifying authority, by the controllerof Certifying Authorities, Government of India.

3.2 A Digital Certificate is issued upon receipt of mandatory identity proofs and verification letters attested by the Notary Public /Charted Account / Any Gazatted Officer whose stamp bears emblem of Ashoka. Only upon the receipt of the required documents, adigital certificate can be issued.

3.3 The contractors may obtain Class II B digital certificate from any Certifying Authority or Sub-certifying Authority authorized bythe Controller of Certifying Authorities on the portal http://cca.gov.in. or may obtain information and application format and documentsrequired for issue of digital certificate from one such certifying authority on given below which is :-

1. TATA Consultancy Services Ltd.11th Floor, Air India Building, Nariman Point, Mumbai-400021 website -www.tcs-ca.tcs.co.in

2. Sify Communications Ltd.III Floor, Tidel Park, 4 Canal Bank Road, Taramani, Chennai-600113. Website - www.safescrypt.com

3. MTNL Trustline CAO/o DGM (IT-CA), 5515, 5th Floor, Core-V Mahanagar Doorsanchal Sadan, CGO Comples, MTNL, Delhi-125003. Website -www.mtnltrustline.com

4. iTrust CA (IDRBT)Castle Hills, Road No.1, Masab Tank, Hyderabad, Andhra Pardesh -500057. Website - idrbtca.org.in

5. (n)Code solutions301, GNFC Tower, Bodak Dev, Ahmedabad-380054, Gujarat. Website - www.ncodesolutions.com

6. National Informatics Centre Ministry of Communication and Information TechnologyA-Block CGO Complex, Lodhi Road,New Delhi-125003. Website https://nicca.nic.in

7. e-Mudhra CA3i Info-tech Consumer Serivces Ltd3rd Floor, Sai Arcade, Outer Ring Road, Devarabeesanahalli, Bangalore560036, Karnataka Website - http://www.e-Mudhra.com

Contractors may also obtain information and application format and documents required for issue of digital certificate from thefollowing:-

1. NexTender/Community Participation Notices (India) Pvt. Ltd.O/O Executive Engineer, MCF, Near B.K., Chowk, Faridabad.Contact persons : Sh. Sanjay Kumar – 08750430801Email-sanjay.kumar@nexTender/Community Participation Notices.com

2. NexTender/Community Participation Notices (India) Pvt. Ltd.YUCHIT, Juhu Tara Road, Mumbai-400049 Email-Chandigarh@nexTender/Community Participation Notices.com

3. NexTender/Community Participation Notices (India) Pvt. Ltd.O/o HSRDC, Bays No.13-14, Sec-2, Panchkula-134151Contact Person: Manmit - 09815034028Rishi – 09878012160


- 7 -3.4 Bid for a particular Tender/Community Participation Notice may be submitted only using the digital certificate, which is used to

encrypt the data and sign the hash during the stage of bid preparation and hash submission. In case, during the process of aparticular Tender/Community Participation Notice, the user looses his digital certificate (i.e. due to virus attack, hardwareproblem, operating system problem), he may not be able to submit the bid online. Hence, the users are advised to have back upof certificate and keep the copies at safe place under proper security to be used in case of emergencies.

3.5 In case of online Tender/Community Participation Noticeing, if the digital certificate issued to the authorized user of a firm isused for signing and submitting a bid, it will be considered equivalent to a no-objection certificate/power of attorney to thatUser. The firm has to authorize a specific individual via an authorization certificate signed by all partners to use the digitalcertificate as per Indian Information Technology Act 2000. Unless the certificates are revoked, it will be assumed to representadequate authority of the user to bid on behalf of the firm for Municipal Corporation Gurgaon , Haryana Tender/CommunityParticipation Notices as per Information Technology Act 2000. The digital signature of this authorized user will be binding on thefirm. It shall be the responsibility of management / partners of the registered firms to inform the certifying authority or SubCertifying Authority, in case of change of authorized user and applies for a fresh digital certificate and issues an 'authorizationcertificate' for the new user. The procedure for application of a digital certificate will remain the same for the new user.

3.6 The same procedure holds true for the authorized users in a private/Public limited company. In this case, the authorizationcertificate will have to be signed by the directors of the company.

4. Set up of machine

In order to operate on the electronic Tender/Community Participation Notice management system, a user's machine is requiredto be set up. A help file on setting up of the system can be obtained from NexTender/Community Participation Notices (India)Pvt. Ltd. or downloaded from the home page of the website - http://mcg.eTender/Community Participation Notices.in.>>"Information for new users".

5. Online Viewing of Notice Inviting Tender/Community Participation Notices:

The contractors can view the N.I.T and the time schedule (Key Dates) for all the packages floated using the electronicTender/Community Participation Noticeing system on the Haryana MCGD website http://mcg.eTender/CommunityParticipation Notices.in. Contractor may refer to NIT in the office of Executive Engineer.

6. Opening of an Electronic Payment Account:

6.1 For purchasing the Tender/Community Participation Notice documents online, contractors are required to pay theTender/Community Participation Notice documents fees online using the electronic payments gateway service as mentioned atS. No.8.

6.2 For the list of payments using which the online payments can be made, please refer to the Home page of the Portalhttp://mcg.eTender/Community Participation Notices.in

7. Submission of Earnest Money Deposit:

7.1 The EMD Payment can be made by eligible contractors through Approved Traditional Financial Instruments or throughRTGS/Net Banking transaction .

7.2 Contractors have to submit the EMD either physically in a sealed physical envelope which should reach the office of concernedExecutive Engineer as mentioned in the Tender/Community Participation Notice Notice or make EMD payment throughRTGS/Net Banking transaction.

8. Submission of Tender/Community Participation Notice Document Fees:

The Payment can be made by eligible contractors online directly via Credit Card / Internet Banking Account / Cash Card /Debit card. The contractors have to pay for the Tender/Community Participation Notice documents online by making onlinepayment of Tender/Community Participation Notice document fees using the service of the secure electronic payment gateway.The secure electronic payments gateway is an online interface between contractors and credit card / online paymentauthorization networks.

9. Purchase of Tender/Community Participation Notice Documents:

Download of Tender/Community Participation Notice Documents: The Tender/Community Participation Notice documentscan only be downloaded from the Electronic Tender/Community Participation Noticeing System on the Portalhttp://mcg.eTender/Community Participation Notices.in

10. Submission of Bid Seal (Hash) of online Bids:

Submission of bids will be preceded by submission of the digitally signed bid seal (Hash) as stated in the Tender/CommunityParticipation Notice time schedule (Key Dates) of the Tender/Community Participation Notice. Bidders should take note of any


- 8 -corrigendum being issued on the website on a regular basis. They should view and note down the Tender/CommunityParticipation Notice Hash and ensure that it matches with their previous noted Hash before confirming the rates.

11. Generation of Super Hash:After the time of submission of Bid Seal (Hash) by the bidders has lapsed, the bid round will be closed and a digitally signedTender/Community Participation Notice Super Hash will be generated by authorized Haryana MCG official. This is equivalentto sealing the Tender/Community Participation Notice box.

12. Submission (Re-encryption) of actual online bids:Bidders have to submit their encrypted bids online and upload the relevant documents for which they generated the hash at thestage of hash generation and submission after the generation of Super Hash within the date and time as stated in the NoticeInviting Tender/Community Participation Notices (Key Dates). The electronic bids of only those contactors who have submittedtheir bid seals (Hashes) within the stipulated time, as per the Tender/Community Participation Notice time schedule (KeyDates), will be accepted by the System. A bidder who does not submit his bid seal (Hash) within the stipulated time will not beallowed to submit his bid.

13. Key Dates:13.1 The bidders are strictly advised to follow dates and time as indicated in the Notice Inviting Tender/Community Participation

Notice. The date and time will be binding on all the bidders. The bidders are required to complete the stage within the stipulatedtime as per the schedule to continue their participation in the Tender/Community Participation Notice. All online activities aretime tracked and the system enforces time locks that ensure that no activity or transaction can take place outside the start andend dates and time of the stage as defined in the Notice Inviting Tender/Community Participation Notice. The bidder shouldcheck the status of a particular stage by following the below mentioned procedure:-

a. Click on "Main" after login into the portal.b. Select "Tender/Community Participation Notice Search" and click on "Go"c. Next screen will appear on the screen and click on "Search" button to view the list of various

Tender/Community Participation Notices.d. Select the Tender/Community Participation Notice whose status is to be viewed by clicking on theTender/Community Participation Notice no.e. Click on "Action page" button. The status of all the stages

i.e. whether "Pending" or "Completed" can be viewed.

14. General Experience.Experience in successfully completing or substantially completing at least one contract of at least 80percent or two works each of 50% or three works each of 40% of the value proposed for contract duringthe last five years. Substantially completing of work means having completed at least 80% of work allotted& bill of such 80% work been passed by the competent authority on the date of submission of biddocument. (Civil Engineering works only).

The bidder should ensure that the status of a particular stage should be shown as "Completed" before the expiry date and time ofthat particular stage and he should possess a copy of receipt of completion of each stage to be performed from his end. It will bethe sole responsibility of the bidder if the status of a particular stage is "Pending" till the expiry date and time of that stage and heis not able to proceed further in the e-Tender/Community Participation Noticeing process.

Other Information:

1. The intending bidders shall fill the lumpsum rate / item rate / Percentage rate in the online templates of the onlineTender/Community Participation Notice. The Price Bid has to be submitted mandatory online.

2. Technical Bid Documents except EMD that cannot be submitted online, if any should be put in separate sealed envelopes andthese sealed envelopes together with the documents listed below should be sealed in another cover and delivered to this officebefore the date and time mentioned in the Tender/Community Participation Notice Notice.i. A list of all documents accompanying the sealed envelopes containing the Tender/Community Participation Notice

documents.ii. Duly accepted power of Attorney in original along with its two certified copies in the name of bidder or authorized

representative to act on behalf of the agency.iii. Documents in respect of payment of earnest money.

3. Tender/Community Participation Notice must strictly abide by the stipulations set forth in notice inviting Tender/CommunityParticipation Notice & while Tender/Community Participation Noticeing for the work, the bidder shall adopt only the threeenvelope system.

4. The third envelop - Price Bid envelope has to be submitted mandatory online and shall not be accepted physically under anycircumstances. In case any bidder does not comply with procedure given above, it will be presumed that he is not interested inthe work and the work shall not be let out to him. Further he may be de-listed without further notice to him for failing to abideby the strictly approved terms of notice inviting Tender/Community Participation Notice for this work.


- 9 -5. The Tender/Community Participation Notices which are not accompanied by the earnest money or proof of earnest money or do

not strictly follow the technical requirement, are liable to be rejected summarily.

6. Tender/Community Participation Notices / quotations which are dependent upon the quotations of another bidder shall besummarily rejected.7. The Tender/Community Participation Notices of the bidders who does not satisfy the qualification in the bid documents are

liability to be rejected summarily without assigning any reason and no claim what so ever on their account will be considered.

Note: - Bidders participating in e-Tender/Community Participation Noticeing shall check his/her validity of Digital SignatureCertificate before bidding in the specific work floated online at e-Tender/Community Participation Noticeing portal of Municipal

Corporation Gurgaon , Haryana on the website http://mcg.eTender/Community Participation Notices.in. Also, the bidder will be heldliable solely, in case, while bidding in particular stage - Date & Time expired as per the key dates available on the Tender/Community

Participation Notice document. Key dates are subject to change in case of any amendment in schedule due to any reason stated byconcerned Executive Engineer of the Department.


- 10 -MUNICIPAL CORPORATION GURGAON

NOTICE INVITING TENDER/COMMUNITY PARTICIPATION NOTICE

1. For and behalf of the Commissioner MCG , Tender/Community Participation Notices insealed covers are hereby invited for the execution of the work given below from firms of repute/suchcontractors, who are having a valid certificate of enlistment issued by a competent officer of MunicipalCorporation Gurgaon duly renewed upto date (on which Tender/Community Participation Noticesare to be opened): -


Esti

Mohd. ZubairExecutive Engineer

PARTICULARS OF THE Division No-IV, Municipal Corporation,OFFICER INVITING Gurgaon.THE TENDER/COMMUNITY PARTICIPATION NOTICES PH-9821395208

Email id: [email protected]

Hereinafter referred to as"Executive Engineer"


- 11 -STEREO B & R 28Name of contractor :

Name of work Making connection of storm water drain along sohna road into the Badshahpur drainat Vatika Chowk Badshahpur, Ward No-25, Gurgaon

Form F-1

MUNICIPAL CORPORATION GURGAONDIVISION No. ______________________

SINGLE PERCENTAGE RATE TENDER/COMMUNITY PARTICIPATION NOTICE

Name of Contractor Sh. / M/s

____________________________________________________________________________________

______________________________________________________

Name of work: (As described at page No. 1) Job No _____________________

TENDER/COMMUNITY PARTICIPATION NOTICE FEE RS.____________________DEPOSITED VIDE RECEIPT

NO.______________

DATED________________.

SignatureOffice Assistant

GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONTRACTOR1. All work proposed for execution by contract will be notified in a shape of ‘Notice’ pasted on a board hung up in the

office duly signed by the Executive Engineer MUNICIPAL CORPORATION, GURGAON referred to as Engineer-in-Charge. The detailed form of “NOTICE INVITING TENDER/COMMUNITY PARTICIPATION NOTICE” can be seenat http://www.mcg.gov.in. This will state the work to be carried out as well as the date for submitting, opening ofTender/Community Participation Notices and the time allowed for carrying out the work and the amount of securityto be-deposited by the successful Tender/Community Participation Noticeer, copies of the specification, design anddrawings Contract Schedule of rates and also a ‘schedule of Ceiling Premium by which the rates for various items ofthe Contract Schedule of rates, shall be increased or decreased, so as to be called the “Ceiling Rates”, Further anyother documents required in connection with the works for purpose of identification by the Executive Engineer shallalso be opened for inspection by the contractor on the office of the Executive Engineer during office hours.

2. In event of the Tender/Community Participation Notice being submitted by a firm, it must be signed separately beeach member thereof, or, in the event of the absence of any partner, it must be signed on his behalf, by a personholding power of attorney authorizing him to do so. Any contractor who submits Tender/Community ParticipationNotice may sign an affidavit to the effect that he has no connection or relationship with the firm /contractorblacklisted by Haryana Government /Government of India from time to time. The form of affidavit can be seen in theoffice of the “Executive Engineer”

3. Any person who submits a Tender/Community Participation Notice shall fill up the usual printed form stating thepercentage rate above or below the “Ceiling Rates” as defined in Rule 1 at which he is willing to undertake the work.Only a single rate of percentage above/below on all items of the contract Schedule shall be mentioned in the spaceprovided in the Tender/Community Participation Notice Form. For the purpose of this single rate please seeExplanatory Memo below which explains the manner in which the admissible payment shall be worked out aftertaking into consideration the sanctioned Ceiling Premium as enumerated in the ‘Schedule of Ceiling Premium’mentioned in Rule I and the rate quoted by Contractor. Any rate entered outside this space may make theTender/Community Participation Notice invalid. If a contractor quote more than one rate in case, only lower orlowest of the rates quoted shall be applicable and a counter offer shall be made to him accordingly at the lowest ofthe rates so quoted by him and in the event of his not accepting the same, his earnest money shall stand forfeitedand the contractor shall have no claim to the same whatsoever.


- 12 -No single Tender/Community Participation Notice shall include more than one work, but contractor who wished to

Tender/Community Participation Notice for two or more works, shall submit separate Tender/Community ParticipationNotices for each work. Tender/Community Participation Notices shall have the name-and number of the work to whichthey refer written outside the envelop, in which these are sealed.

For the purpose of identification, the contractor shall supply to the Executive Engineer specimen signatures dulyattested by a Gazetted Officer known to the Executive Engineer. The specimen signature must be supplied well beforethe date of submission of Tender/Community Participation Notices.

The contractor (s) shall sign on all pages of Tender/Community Participation Notice form to be submitted by him. Inaddition, he shall also sign at the places, where he is to sign which are marked ‘x’ on pages:

All corrections shall be made in a manner so that the original is legible. There shall be no over writings. Thecorrections shall be authenticated by the signatures of the authorized person as described above.

Any Tender/Community Participation Notice not so signed may be rejected and the earnest money forfeited.

Single Rate

Rule No. 4:(a) For Scheduled items: Any person who submits a Tender/Community Participation Notice shall fill up the usualprinted form stating the percentage above or below the “Ceiling Rate” as defined in Rule I at which he is willing toundertake the work. Only one single rate of percentage above or below on all schedule items of the contract Schedule &for all purpose shall be mentioned in the space provided in the Tender/Community Participation Notice form for thepurpose of this single rate. Explanatory Memo, below may be seen, which explains the manner in which the admissiblepayment shall be worked out after taking into consideration the sanctioned Ceiling Premia as enumerated in theSchedule of Ceiling Premia mentioned in Rule (I) together with the single rate quoted by the contractor. Any rate enteredoutside this space may render the Tender/Community Participation Notice invalid. If a contractor quotes more than onerate in that case only lower or lowest of the rates so quoted shall be considered and a counter offer shall be made to himaccordingly at the lowest of the rates so quoted shall be considered and a counter offer shall be made to himaccordingly at the lowest of the rates quoted by him and in the event of his not accepting the same, the earnest moneythat accompanied the Tender/Community Participation Notice shall be forfeited and the contractor shall have no claim tothe same whatsoever.

(b) For Non-Schedule Items: A person submitting a Tender/Community Participation Notice shall fill up the ratesagainst each item shown on page 6. No premium over the rates quoted by him will be admissible over these Non-Scheduled items.

EXPLANATORY MEMO(REFER TO RULE 3 OF GENERAL RULES AND DIRECITONS FOR THE GUIDANCE OF CONTRACTORS)

For this purpose the basic rate for a particular item specified in the Contract Schedule of Rates shall beincreased by the sanctioned ceiling premium as per the “Schedule of Ceiling premia” which is attached and is part of theform. The total amount shall then be subjected to the Discount or Premium quoted by the contractor.

For example, the basic rate for an item is Rs. 120/- per cum and sanctioned ceiling premium is 50% and300 cum of the items ‘A’ is executed and for example, the rate quoted by Contractor is 3% below the ceiling rate.QUANTITY ITEM UNIT RATE AMOUNT (Rs.)300 cum A CUM Rs. 120/- Rs. 36,000/-

Add Ceiling Premium @ 50% Rs.18,000/-Gross Total Rs. 54,000/-

_______________

Less Contractor’s rebate 3% below ceiling rate Rs. 1,620/-NET PAYABLE Rs. 52,380/-

If the rate quoted by the Contractor was 5% above the amount, net payable would be as under:Gross Total: Rs. 54000/-

Add Contractor’s premium 5% above ceiling rate Rs. 2700/-

Net payable Rs. 56700/-Note: The above net payments worked out are further subject to the deductions like; income Tax, Surcharge,Works tax, etc. as per Govt. Instructions. The recoveries of all material issued from the MUNICIPALCORPORATION, GURGAON store shall be made from the bills.

4. The Tender/Community Participation Notice Receiving Committee or its authorized assistant will openTender/Community Participation Notices in the presence of any intending contractors or their authorized agents whomay be present at the time, and will enter the rate of all Tender/Community Participation Notices. In the event of a


- 13 -Tender/Community Participation Notice being accepted, a receipt for the earnest money shall be given to thecontractor. In the event of Tender/Community Participation Notice being of rejected, the earnest money forwardedwith such unaccepted Tender/Community Participation Notice shall be returned to the contractor.

5. The Executive Engineer reserves the right to reject all or any of the Tender/Community Participation Notice withoutassigning any reason.

6. The MUNICIPAL CORPORATION, GURGOAN may refuse or suspend payments on accounts of a work. Whenexecuted by firm or by contractors described in their Tender/Community Participation Notices as a firm unlessreceipts are signed by all the partners, or one of the partners, or some other person produces written Authorityenabling him to give effectual receipt on behalf of the firm.

7. The receipt of a Divisional Accountant or Dy. Supdt for any money paid by the contractor will not be considered asany acknowledgement of payment to the Executive Engineer and the contractor shall be responsible for seeing thathe procures a receipt signed by the Executive Engineer.

8. The memorandum of work Tender/Community Participation Noticeed for and the memorandum of materials to besupplied by the MUNICIPAL CORPORATION, GURGAON and their issue rates, shall be filled in & completed in theoffice of the Executive Engineer before the Tender/Community Participation Notice is issued to an intendingTender/Community Participation Noticeer without having been so filled and completed, he shall request the office tohave this done before he completes and deliver his Tender/Community Participation Notice.

TENDER/COMMUNITY PARTICIPATION NOTICE FOR WORKS

In I/ We hereby Tender/Community Participation Notice for the execution, for the MUNICIPAL CORPORATION,GURGAON of the work specified in the memorandum on page 9 within the time specified in such memorandum.

(A) Schedule itemsat*

(In Figures) (In Words)

Percent ABOVE/BELOW the ceiling rates worked out as per the Contract Schedule of Rates and the Schedule ofceiling Premia read with Rule 1 and in accordance in all respects with specifications drawings & instructions in writingreferred to in Rule I thereof and in Clause II of the annexed conditions and with such materials as are provided for by theEngineer-in-charge in all other respects in all accordance with such conditions as far as applicable.

(B) Non Schedule Items.

* Enter the rates both in words and figures only in this space. In the event of variation of a rate in words and figures,Tender/Community Participation Notice may be rejected or otherwise the lower value only shall be considered. Also incase of N.S. items if rate of any item is not quoted by the contractor, the same shall be considered as free of cost.


- 14 -Rates shall be entered in words and figure (both) only in this space. In the event of variation of rates in words andfigures Tender/Community Participation Notice may be rejected or otherwise the lower value only shall be considered.


- 15 -MEMORANDUM

A General Description:----------------------------------

:----------------------------------B Estimated Cost

:Rs. ----------------------------C Earnest Money (@2% of Estimated Cost)

:Rs. ----------------------------D Security Deposit (including earnest money)

@5%---------------------------E Percentage, if any, to be deducted from bills

:----------------------------------F Time allowed for the work from date of written order to commence

:-----------------------months

In case this Tender/Community Participation Notice is accepted I/We hereby agree to abide by and fulfil allterms and provisions of the said conditions of contract annexed hereto so far as applicable, or in default there of forfeitto and pay to the MUNICIPAL CORPORATION, GURGAON or its successor in office the sums of money mentioned inthe said conditions.

The sum of Rs__________Deposited vide MUNICIPAL CORPORATION, GURGAON Receipt No.________Dated_________as earnest money, the full value of which is to be absolutely forfeited to the MUNICIPALCORPORATION, GURGAON or to its successor in office without prejudice to any other rights or remedies of the saidHaryana Urban Development Authority or its successor in office, should I/We fail to commence the work specified in thememorandum the said sum of Rs. ___________shall be retained by the MUNICIPAL CORPORATION, GURGAON onAccount of the security deposit specified clauses I of the said conditions of contract. Should I/We withdraw or modify theTender/Community Participation Notice within three calendar months from date of opening of Tender/CommunityParticipation Notice, my/our earnest money will stand forfeited to the side of MUNICIPAL CORPORATION, GURGAON.

Witness Signature of the contractorAddressDate _______________

The above Tender/Community Participation Notice is hereby accepted by me on behalf of MUNICIPALCORPORATION, GURGAON.

Dated the ___________ Day of ________________ 20 _____________



- 16 -

ChapterNo.

Description Premium fixed.

Labour rate Through rate

1. Daily Wages(a) The rate to be paid as per minimum wages fixed by

the Labour Department, Haryana Government fromtime. Where minimum wages are not fixed, DeputyCommissioner’s rate will be applicable.

(i) The daily wages of skills labour of item No. xii arefixed as under.

(ii) Masson/Plaster (1st Class)(iii) Masson 2nd Class and Stone Dresser(iv) Carpenter 1st Class(v) Carpenter 2nd Class(vi) Painter and paper hanger 1st Class(vii) Painter and paper hanger 2nd Class(ix) Operator Heavy earth moving machinery with license

of proper category.(x) Equipment mechanics with license of proper category.(xi) Plumber Grade-I(xii) Plumber Grade-II2. Monthly Wages3. Materials4. Loading and Unloading.

(a) Item No. 4.1, 4.2, 4.5, 4.9, 4.10 (b), 4.13, 4.20, to4.24 and 4.25 (a)

450% above.

(b) All other Items except 4.1, 4.2, 4.5, 4.9, 4.10 (b),4.13, 4.20, to 4.24 and 4.25 (a)

450% above.

5. Carriage

(a)

Item No. 5.2 (By Mechanical Transport)

(i) Up to 25 Km(ii) Above 25 Km

450% above440% above

(b) All Items other than item No. 5.2. 200% above6. Earth Work

(a)Item no. 6.1 to 6.6 except item No. 6.2 (g) – (iv) 6.2(g) (v) and 6.4

425 % above.

(b) Item no. 6.2 (g) (iv) 110 % above.(c) Item no. 6.4 (g) (v) (compensation) 135 % above.(d) Item no. 6.4 (g) (v) (earth compensation) 5000% above(e) Item no. 6.7, 6.10 to 6.14 and 6.16 to 6.27 370 % above.(f) Item no. 6.8 &6.9 370 % above.(g) Item no. 6.15 (a) & (b) (Anti Termite) 200 % above. 200 % above.(h) Item no. 6.2 (i) & 6.5 (i) (NREGA WORK) 635% above

7. Rock Cutting 400 % above.8. Demolition 550 % above.9. Centering and Shuttering 500 % above. 400 % above.

10. Concrete

(a)All Item except item No. 10.67 to 10.69, 10.74 to10.76 10.157 to 10.159

550 % above. 450 % above.

(b) Items no. 10.67 to 10.69, 10.76 550 % above. 450 % above.


- 17 -(c) Items no. 10.157 to 10.159 15% above 10% above

11. Brick Work, Item No. 11.1 to 11.100, Item No. 11.101to 11.105.


12. Stone Masonry 300 % above. 260 % above.13. Hoisting and Roofing

(a) All Item except item No.13.11, 13.13, 13.14,13.18 and 13.43 to 13.49 and 13.89 to 13.94


(b) Item no. 13.11, 13.13, and 13.14 (Terracing) 600 % above. 600 % above.(c) Item no. 13.43 to 13.49 (C.I. items) 500 % above. 500 % above.(d) Item no. 13.18 (G.I. sheet roofing) 400 % above. 300 % above.(e) Item no. 13.89 to 13.90 20% 20%(f) Item no. 13.91 to 13.94 10% 10%(g) Item no. 13.95 to 13.97 -- --

14. Flooring and Dados(a) All items except item No. 14.19 to 14.24, 14.48 to14.70 and 14.89 to 14.96

600% above. 400 % above.

(b) Item No. 14.19 to 14.24 (Brick flooring) 600 % above. 600% above.(c) (i) Item No. 14.48 (a-i) & (b-i) Glazed Tiles. 230 % above. 95% above.

(ii) Item No. 14.48 (a-ii) Glazed Tiles. 120 % above. 95 % above.(d) Item No. 14.49 to 14.52 (Marble Stone). 90 % above. 90 % above.(e) Item No. 14.53 60% above --(f) Item No. 14.54 to 14.61 ( Stones other than KotahStone).


(g) Item No. 14.62 to 14.66 (Kotan Stone items) 200 % above. 250 % above.(h) Item No. 14.67 to 14.70 (Wooden flooring) 200 % above. 200 % above.(i) Item No. 14.89 to 14.91 -- (-15) %

below.(j) Item No. 14.92 (a) & (b) -- --(k) Item No. 14.93 & 14.94 -- --(l) Item No. 14.95 & 14.96 -- --(m) Item No. 14.97 -- --

15. Plastering and Pointing 500 % above. 500 % above.16. Painting, Varnishing, White Washing /Distempering.

Expect item No. 16.79250 % above. 230 % above.

16. (a) Item No. 16.79 10% --(b) Item No. 16.80 -- --17. Wood Work

(a) Item no. 17.1 to 17.89 300 % above. 300 % above.(b) Item No. 17.90 to 17.92 & 17.94 (Factorymanufactured doors).


(c) Item No. 17.93 (flush door shutters) 180 % above. 165 % above.(d) Item no. 17.95, 17.96, 17.98 & 17.100 10 % above. 15 % above.(e) Item no. 17.97 & 17.99 10 % above. 5 % above.(f) Item no. 17.101 & 17.102 10 % above. 5 % above.(g) Item no. 17.103 to 17.104 -- --

18. Steel and Iron Work(a) Item No. 18.22 550 % above. 500 % above.(b) Other Items of steel work (except Item No. 18.22) 550 % above. 500 % above.

19. Lining(a) All items except Item no. 19.29 to 19.32 550 % above. 450 % above.(b) Item No. 19.29 to 19.32 600 % above. 600 % above.

20. Outlets 600 % above. 600% above.21. Pile Foundations -- 400% above

21 (a) Item No. 21.04 (a) & (b) -- --


- 18 -22. Well Sinking 500% above23. River and Canal Protection Works

(a) Item No. 23.39 only (dumping stone) 500 % above. --(b) Labour rate of items (except item No. 23.38 &23.39)

450 % above. --

(c) Through rate of all items except item No. 23.1 to23.8, 23.10 to 23.37 and 23.39 to 23.47 (for estimatepurpose only).

-- 400 % above.

Item No. 23.38 (Wire crates). 425 % above. 425 % above.24. Road Work

(a) Labour rate of all items 370 % above .--(b) Through rate of item No. 24.34, 24.35 & 24.38(Expansion joints and road cuts)

-- 350% above.

(c) Item No. 24.36 (Barbed wire fencing). -- 400 % above25. Maintenance of Furniture. 225% above. 200 % above.26. Miscellaneous 150 % above.27. Quantities of Material No rates involved28. Water Supply

For Plains:(a) All items except item No. 28.1 to 28.6 (a to e & fto I ), 28.10 to 28.13, 28.18 to 28.19, and 28.50, 28.51to 28.59 .

300% above

(b) Item No. 28.1 to 28.6 (a to e ) & 28.18 to 28.19. 380 % above.(c) Item No. 28.1 to 28.6 (f to I) 380 % above.(d) Item No. 28.50 (a) only 1200 % above.(e) Item No. 28.50 (b to e) 380 % above.(f) Item No. 28.10 (a), 28.13, 28.51 to 28.59 10 % above.(g) Item No. 28.60 --

29. Sewerage and Drainage.(a) All Other items expect item no. 29.1, 29.2, 29.25to 29.56 and 29.93 to 29.95.

450% above 450% above

(b) Item No. 29.1, 29.2 and 29.25 to 29.51 120% above.(c) Item No. 29.52 to 29.56 350% above. 350 % above.(d) Item No. 29.93 to 29.95 10 % above. 5 % above.

30. Sanitary Installations(a) All other items except item No. 30.53, 30.59,30.84 to 30.94, and 30.114 (b) & (d) and 30.119.

340% above. 340% above.

(b) Item No. 30.84 to 30.86, 30.88 to 30.91, 30.114(b) & (d)

325% above. 350% above.

(c) Item No. 30.87, 30.92 to 30.94 300% above. 300% above.(d) Item No. 30.54 and 30.59 (for estimation purpose) 300% above 30% above.(f) Item No. 30.119 -- --(g) Item No. 30.120 to 30.123 -- --

31. Electrical Installation.(a) Item No. 31.1 to 31.7, 31.19, 31.20, 31.35 -- 130% above.(b) Item No. 31.8 to 31.11 -- 130% above.(c) Item No. 31.12 (a) Main switches, Category-Atype

-- 300% above.

(d) Item No. 31.12 (a) & (b) Main switches & BDBs(Category B & C only)

-- 300% above.

(e) Item No. 31.25 to 31.29 -- 140% above.(f) Item No. 31.32 -- 175% above.(g) Item No. 31.13, 31.14 & 31.33 -- 250% above.(h) Item No. 31.21 -- 350% above.


- 19 -(i) Item No. 31.24 -- 350% above.(j) Item No. 31.22 All items, except 31.22 (iv, vi, x,xiii, xiv, xvii & xx)

-- 350% above.

(k) Item No.31.22 (iv, vi, x, xiii, xiv, xvii & xx)Copper work.

-- 350% above.

(l) Item No. 31.23 All Items, except 31.23 (iv, vi toix)

-- 200% above.

(m) Item No. 31.23( iv, vi to ix) – Copper work -- 330% above.(n) Item No. 31.30 (Street light) -- 270% above.(o) Item No. 31.31 (copper bus bar chamber) -- 300% above.(p) Item No. 31.18, All items except 31.18 (xxxi) -- 200% above.(q) Item No. 31.18 (xxxi) Flush door shutter 150% above. 150 % above(r) Item No. 31.34, All items except 31.34(I to vi) -- 130% above.(s) Item No. 31.34 (I to vi) – Rewinding items. -- 200% above.(t) Item No. 31.12 (c) & (d) 31.15 to 31.16 -- 60% above.(u) Item No. 31.17 -- 30% above.(v) Item No. 31.36 to 31.49 (i.e. newly added items). -- 10% above.(w) Labour rate item 31.1 to 31.7, 31.21 (i) to (xxvi)and 31.36 to 31.39 (i.e. newly added items of copperwiring).

150% Not Fixed

(x) Item 31.50 to 31.59 Not Fixed Not FixedNot Fixed Not Fixed

32. Working Charges of Machinery Not fixed.33. Horticulture. 500% above. 400 % above34. Bearing of Bridges.

(a) All items except item no. 34.7, 34.10 & 34.11 Not fixed.(b) Item No. 34.7 ( Neoprene Bearings). -- 200% above.(c) Item No. 34.10 & 34.11 (Expansion joints) -- 200% above.(d) Item No. 34.12 & 34.13 -- 10% above

A. CEMENT:OPC-43 Grade cement.

Rs. 225.00 per bag of 50 Kgs. Cement including the cost of emptycement bag plus 3% storage charges.Note:-The revised premia are based on the above mentioned Issue Rates ofcement.1. In case the department supplies the cement, recovery will be

made on above rate irrespective of the type of cement i.e.OPC or PPC.

In case contractor is allowed to use PPC cement and arranged byhimself, deduction @ Rs. 25.00 per bag of Kgs. Cement will bemade.

B. STEEL:Fe-500, TMT Steel bars

Rs. 45,500/- Per MT plus 3% storage charges.Note:-

1. The revised premia are based on Fe-500 TMT Steel bars ofthe company's TISCO, SAIL, RINL or IISCO.

2. In case department supplies the steel, recovery will be madeon above rate.

In case steel is to be arranged by the agency and he is allowed to useFe-500 TMT steel bars companies other than above but ISI marked,the deduction @ Rs. 6,000/- per MT will be made

The Other decisions are as below:-

1. Service tax has not been accounted for in the analytical rates. Therefore it may be accounted for by thedepartment wherever applicable.


- 20 -2. Vat and labour cess have been accounted for the analytical rates.3. Contractor profit as 10% and over head charges 5% are to be accounted for in the analytical rates in future.4. The premia are based on with supply of Cement & Steel by the department in case, supply is arranged by the

contractor, differentcontractor profit/Overheadcharges shall be appropriate handled.

ANAND KUMAR GARG,

Convener, Central Zonal Committee of,

Haryana P.W.D. Schedule of Rates-Cum-

Superintending Engineer, AmbalaCircle,

Haryana PWD (B&R), AmbalaCantt..

1. Tender/Community Participation Noticeers are advised to visit the site sufficiently in advance of the date fixed forsubmission ofthe Tender/Community Participation Notice. A Tender/Community Participation Noticeer shall be deemed to have full

knowledge of all relevant document, samples &site whether he inspects them nor to.

2. Submission of a Tender/Community Participation Notice by a Tender/Community Participation Noticeer implies that he hasread this notice and all other contractdocuments and has made himself aware of the scope and specification of the work to be done and

of conditions and rates at which stores, will be issued to him by MUNICIPAL CORPORATION,GURGAON and local conditions and other factors bearing on the execution of the work.

_____________ _________ _____________________


- 21 -

3. Each Tender/Community Participation Noticeer shall give proof to the entire satisfaction of the Executive Engineerconcernedthat he has in his possession, Haryana P.W.D. specifications, and latest addition failing which his

Tender/Community Participation Notice shall be liable to be rejected.

4. The Executive Engineer, MUNICIPAL CORPORATION, GURGAON Division__________reserves to himself the right of issuing the material to the contractors as per list enclosed for use on

orks at places and rates noted against each plus 3% storage charges. The materials are to beissued from stock. The contractor shall be held responsible for obtaining from MUNICIPALCORPORATION, GURGAON all such materials required for work and for making payment there ofby deduction from his bills at the rates specified.

5. The Tender/Community Participation Noticeer shall initial all corrections / cuttings in his Tender/Community ParticipationNotice as regards to single percentage,time etc. Non-compliance with this condition will render the Tender/Community Participation Notice liable to be rejected.

6. The Tender/Community Participation Noticeer whose Tender/Community Participation Notice is accepted will be required toexecute a contract deed on theprescribed form and will required to furnish 5% security for the due fulfilment of his contract or

alternatively at the description of the Engineer-in-charge it will be deducted from the runningpayments to be made on account of work done. (the earnest money will be treated as part ofsecurity).

7.The approval of the acceptance of Tender/Community Participation Notice will rest with the MUNICIPAL CORPORATION,GURGAON who does not bind himself to accept to the lowest Tender/Community Participation Notice and reserves tohimself theauthority to reject any or all of the Tender/Community Participation Notices received without assignment of any reason.

8. If any Tender/Community Participation Noticeer modifies or withdraws his Tender/Community Participation Noticesubsequently to his submission to theMUNICIPAL CORPORATION, GURGAON, while on one hand he is liable to be blacklisted, on the

other hand his earnest money shall be without prejudice to other rights and other remediesavailable to the Executive Engineer. The rate of the contractor submits a Tender/Community Participation Notice limiting theperiodof validity to a date earlier then he shall also be liable to be blacklisted and his earnest money shallstand forfeited without prejudice to other rights and remedies available to the Executive Engineer.

9. No conditional Tender/Community Participation Notice should be given, only premium or rebate should be quoted. AconditionalTender/Community Participation Notice is liable to be rejected out right at the discretion of the accepting authority. In the

alternativethe accepting authority may treat the conditions as null and void and make a counter offer to theTender/Community Participation Noticeer to do the work at the premium and rebate quoted by without conditions. If theTender/Community Participation Noticeerrefuses to accept the said counter offer to do the work at the premium or rebate quoted by withoutthe condition within one week of the counter offer having been made by the accepting authority, hisearnest money shall stand forfeited and the Tender/Community Participation Noticeer shall have no claim to the samewhatsoever.10. The contractor (s) shall sign all pages of the Tender/Community Participation Notice form. The signatures of the

contractors willbe witnessed by the persons known to the Executive Engineer, MUNICIPAL CORPORATION,GURGOAN or by any Notary Public. If the Tender/Community Participation Notice documents are not signed in the manner,specified the Tender/Community Participation Notice may be treated as invalid and rejected.

11. Tender/Community Participation Notice which is not accompanied with the earnest money / not accompanied with fullamount of earnest money depicted in the NIT shall not be considered / opened.

12. Tender/Community Participation Notice which is not accompanied with prescribed Tender/Community Participation Noticewill be summarily rejected.

13. Rate should be quoted in Hindi or English, otherwise the Tender/Community Participation Notice can be rejected

14. The successful Tender/Community Participation Noticeer shall have to sign an affidavit to the effect that he has no relationorw wconnectionw ithw wfirm/contractorw wblacklistedw wbyw wMUNICIPALw wCORPORATION,GURGAON/Haryana Govt. /Govt. of India, from time to time. The form of affidavit is annexed atpage 32 of DNIT.

15. The earnest money deposited for the Tender/Community Participation Notice will not be returned to the contractor’s/firm’s tillthe acceptance of Tender/Community Participation Notice of three months, whichever is earlier.

_____________ _________ _____________________


- 22 -

16. In Case any contractor who deposits the earnest money for the Tender/Community Participation Notice documents and thendoes not submit his Tender/Community Participation Notice, the earnest money in that case will be returned only after theacceptance of Tender/Community Participation Notices of three months, which ever is later.

17. Sales / Works Tax cess and Income Tax or any other tax will be deducted from the bills ofcontractor as per the instruction of the Govt. from time to time.

18. If the Tender/Community Participation Noticeer is an individual name, he shall sign the Tender/Community ParticipationNotice documents above his fulltypewritten name with seal with its current address.

19. If the Tender/Community Participation Noticeer is a proprietary firm, the Tender/Community Participation Notice documentsshall be signed by the proprietoras above his full name / name of is firm with seal with its current address.

20. If the Tender/Community Participation Noticeer is a firm in partnership, the Tender/Community Participation Noticedocuments shall be signed by all thepartners of the firm above their full names and current addresses or alternatively by a person

holding power of attorney for the firm. In the letter case a certified copy of the power of attorneyshould accompany the Tender/Community Participation Notice document. In both cases a certified copy of the partnershipdeed andcurrent address of all the partners of the firm with its seal should accompany the Tender/Community Participation Noticedocuments.21. If the Tender/Community Participation Noticeer is a Limited Company or a Corporation, the Tender/Community Participation

Notice documents shall besigned by a person duly authorized by the Company / Corporation.

22. The successful agency will get themselves enlisted with MUNICIPAL CORPORATION,GURGAON with in two months of award of the work if not enlisted/registered already withMUNICIPAL CORPORATON, GURGAON.

_____________ _________ _____________________


- 23 -

Total estimate cost Rs.__________________________________

------------------------------------------------------------------------------------------------------------------------------------

Items No. Sub Head of Estimate Rate Unit

------------------------------------------------------------------------------------------------------------------------------------

As per NIT at page__________________ to _________________________

Divisional Accountant Dy. Suptt., Executive Engineer,

Div. No. __________ Div._____ MUNICIPAL CORPORATION GURGAON

________________________________________________________________________________________

_____________ _________ _____________________


- 24 -

Form F-1

MUNICIPAL CORPORATION GURGAONDIVISION No. ______________________

SINGLE PERCENTAGE RATE TENDER/COMMUNITY PARTICIPATION NOTICE

Name of Contractor Sh. / M/s ______________________________

______________________________________________________

______________________________________________________

Name of work: (As described at page No. 1) Job No _____________________

TENDER/COMMUNITY PARTICIPATION NOTICE FEE RS.____________________DEPOSITED VIDE RECEIPTNO.______________DATED________________.

SignatureOffice Assistant

GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONTRACTOR

1. All work proposed for execution by contract will be notified in a shape of ‘Notice’ pasted on aboard hung up in the office duly signed by the Executive Engineer MUNICIPALCORPORATION, GURGAON referred to as Engineer-in-Charge. The detailed form of “NOTICEINVITING TENDER/COMMUNITY PARTICIPATION NOTICE” can be SEEN from h tt p ://.mcg.gov.inThis will state the work tobe carried out as well as the date for submitting, opening of Tender/Community Participation Notices and the time allowedforcarrying out the work and the amount of security to be-deposited by the successful Tender/Community ParticipationNoticeer,copies of the specification, design and drawings Contract Schedule of rates and also a‘schedule of Ceiling Premium by which the rates for various items of the Contract Schedule ofrates, shall be increased or decreased, so as to be called the “Ceiling Rates”, Further any otherdocuments required in connection with the works for purpose of identification by the ExecutiveEngineer shall also be opened for inspection by the contractor on the office of the ExecutiveEngineer during office hours.

2. In event of the Tender/Community Participation Notice being submitted by a firm, it must be signed separately be eachmemberthereof, or, in the event of the absence of any partner, it must be signed on his behalf, by aperson holding power of attorney authorizing him to do so. Any contractor who submits Tender/Community ParticipationNoticemay sign an affidavit to the effect that he has no connection or relationship with the firm/contractor blacklisted by Haryana Government /Government of India from time to time. Theform of affidavit is annexed at the end of this Tender/Community Participation Notice form.

. Any person who submits a Tender/Community Participation Notice shall fill up the usual printed form stating the percentagerateabove or below the “Ceiling Rates” as defined in Rule 1 at which he is willing to undertake the

ork. Only a single rate of percentage above/below on all items of the contract Schedule shallbe mentioned in the space provided in the Tender/Community Participation Notice Form. For the purpose of this single rateplease see Explanatory Memo below which explains the manner in which the admissiblepayment shall be worked out after taking into consideration the sanctioned Ceiling Premium asenumerated in the ‘Schedule of Ceiling Premium’ mentioned in Rule I and the rate quoted byContractor. Any rate entered outside this space may make the Tender/Community Participation Notice invalid. If a contractorquote more than one rate in case, only lower or lowest of the rates quoted shall be applicableand a counter offer shall be made to him accordingly at the lowest of the rates so quoted by himand in the event of his not accepting the same, his earnest money shall stand forfeited and thecontractor shall have no claim to the same whatsoever.

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Any Tender/Community Participation Notice not so signed may be rejected and the earnest money forfeited

No single Tender/Community Participation Notice shall include more than one work, but contractor who wished toTender/Community Participation Notice for twoor more works, shall submit separate Tender/Community Participation Notices for each work. Tender/CommunityParticipation Notices shall have the name-andnumber of the work to which they refer written outside the envelop, along with the date of openingin which these are sealed.

For the purpose of identification, the contractor shall supply to the Executive Engineerspecimen signatures duly attested by a Gazetted Officer known to the Executive Engineer. Thespecimen signature must be supplied well before the date of submission of Tender/Community Participation Notices.

The contractor (s) shall sign on all pages of Tender/Community Participation Notice form to be submitted by him. Inaddition, heshall also sign at the places, where he is to sign which are marked ‘x’ on pages:

All corrections shall be made in a manner so that the original is legible. There shall be no overritings. The corrections shall be authenticated by the signatures of the authorized person as

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CONDITIONS OF CONTRACT

Clause-1 Security deposit. This will be the same percentage as that Tender/Community Participation Notice at (d) ofPre-page:The person/persons whose Tender/Community Participation Notice may be accepted (hereinafter called contractor) shalldeposit an amount equal to five percent of the estimated cost of the work with the ExecutiveEngineer (Earnest money shall be accounted for as per memorandum) within 10 days of theacceptance of the Tender/Community Participation Notice by way of security deposit, in case of a default, the earnestmoney alreadylying with the Executive Engineer shall stand absolutely forfeited to the MUNICIPALCORPORATION, GURGAON or his successor in office and the contract, shall stand terminated orin the alternative at the discretion of the Engineer-in-charge, the contractor may be required topermit MUNICIPAL CORPORATION, GURGAON at the time of making any payment to him for the

ork done under the contract to deduct such sum as will (with the earnest money deposited by him)amount of 5% of all money payable. Such deductions to be held by MUNICIPAL CORPORATION,GURGAON by way of security deposit. All compensation or other sums of money payable by thecontractor to MUNICIPAL CORPORATION, GURGAON under the terms of this contract may bededucted from his security deposit of from any sums which may be due or become due to thecontractor by MUNICIPAL CORPORATION, GURGAON on any account whatsoever, and in theevent of his security deposit being reduced by reasons of any such deduction the contractor shall

ithin 10 days thereafter make good in cash as aforesaid any sum or sums may have beendeducted from his security deposit or and part thereof.

Clause-2 Compensation of delay: The time allowed for carrying out the work as entered in theTender/Community Participation Notice shall be strictly observed by the contractor and shall be reckoned from the date onwhich theorder to commence work is given to the contractor. The work shall through out the stipulated periodof the contract be proceeded with all due diligence (time being deemed to be the essence of thecontract on part of the contractor) and the contractor shall pay as compensation an amount of theequal to one percent which the Executive Engineer-in-charge may levy on the amount of theestimated cost of the whole work as shown by the Tender/Community Participation Notice for everyday that the workremains un-commenced or unfinished, after the proper dates and further to ensure good progress during theexecution, the contractor shall be bound in all cases in which the time allowed for any work exceedsone month, to complete one fourth of the whole of the work before one-fourth of the whole timeallowed under the contact has elapsed, one-half of the work before one-half of such time haselapsed and three-fourth of the work before three-fourth of such time has elapsed in the event ofthe contractor failing to comply with this condition, he shall be liable to pay compensation anamount equal to one percent which the Engineer-in-charge may levy on the said estimated cost ofthe whole work for every day that the due quantity of work remains incomplete provided always thatthe entire amount of compensation to be paid under the provision of this clause shall not exceedten percent of the estimated cost of work as shown in the Tender/Community Participation Notice. The SuperintendingEngineerMUNICIPAL CORPORATION, GURGAON may on representation from the contractor reduce theamount of compensation and his decision in writing shall be final.

Clause-3 Action when whole of security deposit is forfeited: In any case in which under anyclause or clauses in the contract the contractor shall have rendered himself liable to pay anycompensation to the Executive Engineer on behalf of the MUNICIPAL CORPORATION,GURGAON shall have power to accept any of the following courses, as he may deem best suited tothe interest of MUNICIPAL CORPORATION, GURGAON.

(a) To resign the contract of which recession notice in writing to the contractor under the handof Executive Engineer shall be conclusive evidence and in which case the security deposit of thecontractor shall stand forfeited and be absolutely at the deposit of the MUNICIPALCORPORATION, GURGAON.

(b) To employ labour paid by the MUNICIPAL CORPORATION, GURGAON to supply materialto carry out the work or any part of the work debiting the contractor with the cost of the labour andthe price of the materials (of the amount of which cost and a price certificate of the ExecutiveEngineer shall be final and conclusive, against the contractor) and crediting him with the value ofthe work done, in all respects in the same manner and at the same rates as if it had been carried

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out by the contractor under the terms of his contract. The certificate of the Executive Engineer as tothe value of the work done shall be final and conclusive against the contractor.

(c) To measure up the work of the contractor and to take such part thereof as shall be un-expected out of his hands and to give to another contractor to complete, in which case anyexpenses which may be incurred in excess of the sum which would have been paid to the originalcontractor of the whole work has been done executed by him of the amount of which excess thecertificates in witting of the Executive Engineer shall be final and conclusively shall be borne andpaid by the original contractor and may be deducted from any money due to him by MUNICIPALCORPORATION, GURGAON under the contract or otherwise or from his security deposit.

In the event of any of the above courses being adopted by the Executive Engineer thecontractor shall have no claim to compensation for any loss sustained by reason of his havingpurchased or procured any materials, or entered into any engagement or made any advances onaccount of or with a view to the execution of the work or the performance of the contract. And incase the contract shall be rescinded under the provision aforesaid the contractor shall not beentitled to recover or be paid and sum for any work thereafter, actually performed under thiscontract unless and until the Executive Engineer will have certified in writing the performance ofsuch work and the value payable in respect thereof and shall only be entitled to pay the value socertified.

Clause-4 Contractor remains liable to pay compensation if action not taken under clause 3:In case in which any of the powers conferred upon the Executive Engineer clause 3

hereof shall have become exercisable and the same shall not be exercised, the non exercisethereof shall not constitute a waiver of any of the conditions hereof and such powers shall not

ithstanding be exercisable in the event of any future case of default by contractor for which by anyclause or clauses thereof he is declared liable the contractor for past and future compensation shallremain unaffected.

Power to take possession or require removal or sell contractor’s plant: In the event of theExecutive Engineer putting in force either of the power (a) or (c) vested in him under the proceedingclause he may, if he so desires to take possession of all of any tools, plant, materials and stores inor upon the work, or the site thereof belonging to the contractor or procured by him and intended tobe used for execution of the work or any part thereof paying or allowing for same in account at thecontract rates or in case of these not being applicable and current market rates to be certified bythe Executive Engineer may be notice in writing to the contractor or his clerk of the works, foremanor other authorised agent requires him to remove such tools, plant materials or stores from thepremises within a time to be specified in such notice and the event of the contractor’s failing tocomply with any such requisition, the Executive Engineer may remove them at the contractor’sexpenses or sell them by auction or private sale, on account of the contract and at his risk in allrespect and the certificate of the Executive Engineer as to the expenses for any such removal andthe amount of the proceeds and expense of any such sale shall be final and conclusive against thecontractor.

Clause-5 Extension of time: If the contractor shall desire an extension of the time for completionof the work on the ground of his having been unavoidable hindered in its execution or on any otherground, he shall apply in writing to the Executive Engineer within 30 days of the date of thehindrance but before the expiry of the contractual period on account of which desires suchextension as aforesaid and the competent authority shall, if in his opinion (which shall be final)reasonable ground be shown therefore authorise such extension of time, if any, as may, in hisopinion be necessary or proper.

Clause-5 (a) Contractor to submit a return every month on any work claimed as extra:District rate mean the Haryana PWD Building and Road Branch rates for that District

The contractor shall deliver in the office of the Executive Engineer on or before 10 day ofth

every month during the continuance of the work covered by his contract a return showing details ofany work claimed for as extra, and such return shall also contain the value of such work as claimedby the contractor, which value shall be based upon the rates and prices in the contract of Scheduleof Rates in force in the District for the time being. The contractor shall include in such monthlyreturn particulars of all claim of whatever kind, however, arising which at the date thereof he has or

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may claim to have against the Executive Engineer or in respect of any manner arising out ofexecution of work and the contractor shall deemed to have waived all claims not included in suchreturn and will have no right to enforce any such claim not so inclined whatever be thecircumstances.

Clause-6 Final Certificate: Without prejudice to the rights of MUNICIPAL CORPORATION,GURGAON under any clause hereinafter contain on completion of the work, the contractor shall befurnished with the certificate by the Executive Engineer (hereinafter call the Engineer-in-charge) ofsuch completion but no such certificate shall be given nor shall the work be considered to becomplete until the contractor shall have removed from premises on which the work shall beexecuted, all scaffolding, surplus materials and rubbish and clean of the dirt, all woodwork, walls,floors other part of any building in, upon or about which the work is to be executed, or of which hemay have had possession for the purpose of execution thereof, and the measurement in the saidcertificate shall be binding and conclusive against the contractor, if the contractor shall fail tocomply with the requirement of this clause as to removal of scaffolding, surplus materials andrubbish and cleaning of dirt on or before the date fixed for the completion of the work, the Engineer-in-charge may at the expense of the contractor remove such scaffolding, surplus materials andrubbish and dispose of the same as he thinks fit clean of such dirt as aforesaid, and the contractorshall forthwith pay the amount of all expenses so incurred, and shall have no claim in respect ofsuch scaffolding or surplus materials as aforesaid except for any sum actually realized by the salesthereof.

Clause-7 Payments on intermediate certificate to be regarded as advances: No payment shallbe made for works, the estimated cost of less than rupees one thousand till the whole of the workshall have been completed and certificate of completion is given. But in the case of work estimatedto cost more than rupees one thousand the contractor shall on submitting the bill therefore, beentitled to receive a monthly payment proportionate in the part thereof approved and passed byEngineer-in-charge, whose certificate of such approval and passing of the sum so payable shall befinal and conclusive against the contract, but all such intermediate payment shall be regarded aspayments by way of advance/against the final payments only and not as payment for the workactually done and completed and shall not preclude the requiring of bad, unbound and imperfect orunskilful work to be removed and taken away and reconstructed or re-erected, or be considered asan admission of the due performance of the contract or any part thereof in any respect or thesecuring of any claim, nor shall it conclude, determine or effect in any way the powers of theEngineer-in-charge under these terms and conditions or any of them as to the final settlement andadjustment of accounts or otherwise or in any other way vary or affect the contract. The final billshall be submitted by the contractor within one month of the date fixed for completion of the work,otherwise the Engineer-in-charge’s certificate of the measurement shall be final and binding on allparties, the amount payable, however, shall be determined after pre-audit of the bill by the accountsDepartment otherwise the amount already determined by the Engineer-in-charge shall becomebinding on both parties. Both the Engineer-in-charge and the Accounts Department shall becomebinding on both parties. Both the Engineer-in-charge and the Accounts Department shall inform thecontractors by registered post of the fact the movement of the final bill and the amount thereof.

Clause-7 (a) Security to be released 3 months after the payment of final bill: The deductionreferred to in clause I herein before or such part-thereof as may of due to the contractor under thiscontract shall be payable to contractor after a period of three month has elapsed after the paymentof final bill.

Clause-8 Bills to be submitted monthly: A bill shall be submitted by the contractor each monthon or before the date fixed by the Engineer-in-charge for all works executed in the previous month,and the Engineer-in-charge shall take or cause to be taken the requisite measurement for thepurpose of having the same verified and the claim, as far as admissible, adjusted if possible, beforethe expiry of ten days from the presentation of the bill. If the contractor does not submit the bill inthe time fixed as aforesaid, the Engineer-in-charge may depute a subordinate to measure up thesaid work in the presence of the contractor, whose counter signature to the measurement list will besufficient warrant, and the Engineer-in-charge may prepare a bill from such list which shall bebinding on the contractor in all respect.

Clause-9 Bill to be on printed format: The contractor shall submit all bills in triplicate on printedforms to be had on application from the office of the Engineer-in-charge & the change in the bill

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shall always be entered at the rate specified in the Tender/Community Participation Notice or in the case of any extra worksorderedin pursuance of those condition, & not mentioned or provide for in the Tender/Community Participation Notice at the rateshereinafterprovided for such work.

Clause-10 Store supplied: If the specification in the estimate of the work provides for the use ofany special description of materials to be supplied from Engineer-in-charge’s store or if it is requiredthat the contractor shall use certain stores to be provided by the Engineer-in-charge (such materials& stores). The prices to be charged, therefore, hereinafter mentioned being so far as practicable forthe convenience of the contractor but not so as in any way to control the meaning or effect of thiscontract specified in the schedule or memorandum hereto annexed, the contractor shall be supplied

ith such materials and stores required from time to be used by him for the purpose of the contractonly, and value materials and stores required from time to be used by him for the purpose of thecontract only, and value of the full quantity of materials and stores so supplied at the rates specifiedin the said schedule or memorandum may be set off or deducted from any sums then due, or fromthe security deposit. All materials supplied to the contractor shall remain the property of theMUNICIPAL CORPORATION, GURGAON and shall be kept in safe custody of contractor but shallnot on any account be removed from the site of the work without the written permission of theEngineer-in-charge & shall at all times be open to inspection by him. Any such materials unusedand in perfect good condition at the time of the completion of the contract, shall be returned to theEngineer-in-charge’s store if by a notice in writing under his hand he shall so required, but thecontractor shall not be entitled to return any such materials without such consent and shall have noclaims for compensation on account of any such material so supplied to him as aforesaid beingunused by him or for any wastage in or damage to any such materials.

Clause-11 Works to be executed in accordance with specification drawing orders etc: Thecontractor shall execute the whole and every part of the work in the most substantial and workmanlike manner, and both as regard materials and otherwise in every respect in strict accordance withHaryana P.W.D. specifications 1990 edition specifications or otherwise as may be specificallyprovided for the contractor shall also confirm exactly, fully and faithfully to the designs andinstructions in writing relating to the work signed by the Engineer-in-charge and lodged in the office,and to which the contractor shall be entitled to have access at such office, or on the site of the workfor the purpose of inspection during office hours and the contractor shall, if he so required, beentitled at his own expense to make or cause to be made copies of the specification and of all suchdesigns, designs, drawings and instructions as aforesaid.

Clause-11(A) Removal of employee workman and foreman: The Engineer-in-charge shall havefull power at all times to object to the employment of any workman, foreman or other employee onthe works by the contractor and if the contractor shall receive notice in writing from the Engineer-in-charge requesting the removal of any such man or men from the work, the contractor must comply

ith the request forthwith.

No such workman foreman or other employees after his removal from the work byrequest of the Engineer-in-charge shall be re-employed or re-instated on the works by thecontractor at any time except with the previous approval in writing of the Engineer-in-charge.

The contractor shall not be entitled to demand the reason from the Engineer-in-charge forrequiring the removal of any such foreman or other employee.

Clause-12 Alterations in specifications and designs : The Engineer-in-charge shall have powerto make any alteration in omissions from additions to or substitutions for the original specificationdrawings, designs and instructions, that may appear to him to be necessary or advisable during theprogress of the work, and the contractor shall be bound to carry out the work in accordance withany instruction which may be given to him in writing signed by the Engineer-in-charge and suchalteration, omissions, addition or substitution shall not invalidate the contract and any altered,additional or substituted work which the contractor may be directed to do in the manner abovespecified as part of the work, shall be carried out by the contractor on the same conditions allrespects on which he agreed to do the main work and at the same rates as specified in the Tender/Community ParticipationNoticefor the main work. The time for the completion of the works shall be extended the proportion thatthe altered, addition or substituted work bears to the original contract work and certificate of theEngineer-in-charge shall be conclusive as to such proportion. And if this contract, then such workshall be carried out at the rates entered in the schedule of rates of the district, subject to the same

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percentage above or below as for the items included in the contractor and if such class of work isnot entered in the schedule of rates of district, then the contractor shall within seven days of thedate of the receipt of the order to carry out the work, inform the Engineer-in-charge of the rate

hich it is his intension to charge for such class of work the Engineer-in-charge does not agree tohis rate, he shall be notice in writing be at liberty to cancel his order to carry out such class of workand arrange to carry it out in such manner as he may consider advisable provided always that thecontractor shall commence work or incur any expenditure in regards thereto before the rates shallhave been determined as lastly herein before mentioned, then and such case he shall only beentitled to be paid in respect of the work carried out or expenditure incurred by him prior to the dateof the determination of the rates as aforesaid according to such rate or rates as shall be fixed by theEngineer-in-charge in the event of a dispute the decision of the Superintending EngineerMUNICIPAL CORPORATION, GURGAON shall be final.

Clause-13 No compensation for alternation in or restriction or work to be carried out:If at any time after the commencement of the work the MUNICIPAL CORPORATION,

GURGAON shall for any reason whatsoever not require the whole work thereof as specified in theTender/Community Participation Notice to be carried out the Engineer-in-charge shall give notice in writing to the fact to thecontractor who shall have no claim to any payment or compensation, whatsoever on account of anyprofit or advantage, which he might have derived from execution of the work in full but which he didnot derive in consequence of the full amount of the work not having been carried out, Neither shallbe have any claim for compensation by reason of any alteration having been made in the originalspecification, drawings, designs and instruction which shall involve any curtailment of the work asoriginally contemplated.

Clause-14 Action and compensation payable in case of bad work: If it shall appeared to theEngineer-in-charge or his subordinate-in-charge of the work that any work has been executed withunsound, imperfect or unskilful workmanship or with material of any inferior description or that anymaterial or articles provided by him for the execution of the work are unsound or of a quality inferiorto the contractor for, or otherwise not in accordance with the contract, the contractor shall ondemand, in writing from the Engineer-in-charge specifying the work material or article complained ofnotwithstanding that the same may have been in evidently passed certified paid for forthwith rectify,or remove and reconstruct the work so specified in whole or in part as the case may require or thecase may be, remove the material or article so specified and provide other proper suitable materialsor articles at his own proper change and cost and in the event of his failing to do so within a periodto be specified by the Engineer-in-charge in his demand aforesaid, then the contractor shall beliable to pay at the rate of one percent on the amount of the estimate of every day not exceeding 10days while his failure to do so shall continue and in case of any such failure the Engineer-in-chargemay rectify or remove and re-execute the work remove and the place with other materials or articlescomplained or as the case may be to the risk and expenses in all respects of the contractor.

Clause 15 Work to be open to inspections, contractor or his responsible agent to be present:All works under or in course of execution or executed pursuance of the contract shall at all times beopen to the inspection and supervision of the Engineer-in-charge and his subordinate and thecontractor shall at all times, during the usual workings hours, and at all other time at whichreasonable notice of the intention of the Engineer-in-charge or his subordinate to visit the work shallhave been given to the contractor, either himself be present for that purpose orders to be given tothe contractor, either himself be present to receive orders and instruction, or have a responsibleagent duly accredited in writing present for the purpose orders to be given to the contractor’s agentshall be considered to have the same force as if they had been given to the contractor himself.

Clause-16 Notice to be given before work is covered up: The contractor shall give not less thanfive days notice in writing to the Engineer-in-charge or his subordinate-in-charge of the work beforecovering up or otherwise placing beyond the reach of measurement any work in order that samemay be measured and correct dimensions thereof be taken before the same is so covered up orplace beyond the reach of measurements and shall not cover up or place beyond the reach ofmeasurement any work without the consent in writing of the Engineer-in-charge or his subordinate-in-charge of the work and if any work shall be covered up or placed beyond the reach ofmeasurement without such notice having been given or consent obtained the same shall beuncovered at the contractor expenses, or in default thereof no payment or allowance shall be madefor such work of the materials with which the same was executed.

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Clause-17 Contractor liable for damage done and for imperfections for 3 months aftercertified: If the contractor or his work people or his servants shall break, deface, injure or destroyany part of a building in which they may be working or any building, road, fence, enclosure or grassand cultivated ground contiguous to the premises on which the work or any part of it is beingexecuted, or if any damage shall happen to the work while in progress from any cause whatever orany imperfections become apparent in it within three months after the certificate final or thereof itscompletion shall have been given by the Engineer-in-charge as aforesaid the contractor shall makethe same good at his own expense or in default the Engineer-in-charge may cause the same to bemade good by other workmen and deduct the expense (of which the certificate of the Engineer-in-charge shall be final) from any sums that may be then, or at any time thereafter may become duethe contractor or from his security deposit.

Clause-18 Contractor to supply plant ladders, scaffoldings etc; and be liable for damagesarising from non provision of lights and fencing etc.The contractor shall supply at his own cost of material except such special materials if any may inaccordance with the contract be supplied from the Engineer-in-charge’s store, plants toolsappliances, implements, ladders, cordage, take scaffolding and temporary works requisite or properexecution of the work, whether original, altered or substituted, and included in the specification orother documents forming part of the contractor referred to these condition or not, or which may benecessary for the purpose of satisfying complying with the retirements of the Engineer-in-charge asto any matter as to which under those condition he is entitled to be satisfied or which he is entitledto require together with carriage therefore to and form the work. The contractor shall also supply

ithout charge the requisite numbers of persons with the means and material necessary for thepurpose of setting out works and counting, weighing and assisting in this measurement or beprovided by the Engineer-in-charge at the expense of the contractor and the expense may deductfrom any money due to the contractor under the contract, or from his security deposit or theproceeds of sale thereof, or of sufficient portion thereof. The contractor shall also provide allnecessary fencing and lights required to protect the public from accident and shall also be bound tobear the expenses defence or every suit, action or other proceedings at law that may be brought byany person for injury sustained owing to neglect of the above precautions, and to pay any damagesand cost which may be awarded in such suit, action or proceedings to any such persons or whichmay the consent of the contractor be paid to compromise any claim by any such person.

Clause-19 Labour: No female labourer shall be employed within the limits of cantonment.

Clause-19A No labourer below the age of 12 years shall be employed on the work.

Clause-19B The contractor shall pay his labourer not less than the wages determined under

minimum wages act for the District.

Clause-20 Work on Sunday: No work shall be done on Sunday without the sanction in writing of

Engineer-in-charge.

Clause-20A Contractor liable for payment of compensation to injured workman or in case ofdeath to his relations: In every case in which by virtue of the provisions of sections 12, subsection(1) of the Workmen’s Compensation Act. 1923, MUNICIPAL CORPORATION, GURGAONis obliged to pay compensation to workmen employed by the contractor, in executions of the works,MUNICIPAL CORPORATION, GURGAON will recover from the contractor the amount of thecompensation so paid and without prejudice to the right of MUNICIPAL CORPORATION,GURGAON under Section 12 sub-section (2) of the act. MUNICIPAL CORPORATION, GURGAONshall be at liberty to recover such amount or any part thereof be deducted it from the security orfrom any sum due by MUNICIPAL CORPORATION, GURGAON to the contractor whether underthis contract or otherwise. MUNICIPAL CORPORATION, GURGAON shall not be bound to contestany claim made against it under section 12, subsection (1) of the said except on the written requestof the contractor and upon his giving to MUNICIPAL CORPORATION, GURGAON for security forall cost for which MUNICIPAL CORPORATION, GURGAON might become liable in-consequenceof contesting such claim.

Clause-21 Work not to be sublet; Contract may me rescinded and security deposit forfeited:The contract shall not assign or sublet without the written approval of the Engineer-in-charge. And ifcontractor shall resign or sublet his contract or attempt so to do become insolvent or commence

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any insolvency proceeding or make any composition with his creditors or attempts so to do, it anypride gratuity gift loan prerequisite reward or advantage pecuniary of otherwise shall either directlyor indirectly be given, promised or offered by the contractor or any of his servants/agent to anypublic officer or person in the employ of MUNICIPAL CORPORATION, GURGAON in anywaydirectly or indirectly interested in the contract, the Engineer-in-charge may thereupon stand forfeitedand he rescind the contract and security deposit at the disposal of MUNICIPAL CORPORATION,GURGAON and the same consequence shall ensure as if the contractor had been rescind underClause hereof and in addition the contract shall not be entitled to recover or be paid for any workthereof actually performed under the contract.

Clause-22 Sum payable be way of compensation to be considered as reasonablecompensation without reference to actual loss: All sum payable by way of compensation underany of these conditions shall be considered as reasonable compensation payable to MUNICIPALCORPORATION, GURGAON without reference to the actual loss or damage sustained and

hether or not any damage shall have been sustained, and whether or not any damage shall havebeen sustained.

Clause-22A Deduction of amounts due to Government on any account whatever to berecoverable from sums payable to a contractor: Any excess payment made to the contractorinadvertently or otherwise under this contract or on any account whether and any other sum foundto be due to MUNICIPAL CORPORATION, GURGAON, the contractor in respect of his contract orany other contract of work order or on any account whatever may be deducted from any sum

hatever payable by MUNICIPAL CORPORATION, GURGAON the contractor either in respect ofthis contract or any work order or control account by any other department of theGovernment/MUNICIPAL CORPORATION, GURGAON.

Clause-23 Change in constitution of firm: In case of any change in the constitution of the firmshall be forthwith notified by the contractor to the Engineer-in-charge for this information.

Clause-24 Work to be under directions of Superintending Engineer: All works to be executedunder the contract shall be executed under direction of and subject to the approval in all respect ofthe Superintending Engineer of the MUNICIPAL CORPORATION, GURGAON for the time being

ho shall be entitled to direct and what point or points and in what manner they are to becommenced and, from time to time carried on.

Clause-25 Claims for payment of any ordinary nature to be referred to MUNICIPALCORPORATION, GURGAON: No claim for payment of an extraordinary nature such as claim for abonus for extra labour employed in completing the work before the expiry of the contractual periodat the request of the Engineer-in-charge or claims for compensation where work has beentemporary brought to a stand still through no fault of the contractor shall be allowed unless and tothe extent that the same shall have been expressly sanctioned by the MUNICIPALCORPORATION, GURGAON.

Clause-25A (i) Arbitration Clause If any question or difference or objection whatsoever shall arisebetween the MUNICIPAL CORPORATION, GURGAON/or authorized representative ofMUNICIPAL CORPORATION, GURGAON and the contractor in connection with or arising out ofthe contract, or the execution of the work or after its completion, (ii) and whether before or after thetermination, abandonment or breach of the contract, it shall, in the first instance, be referred to, forbeing settled by the Executive Engineer-In-Charge of the work at that time and Engineer-In-Chargeshall with in a period of sixty days after being requested, in writing, made by the contractor to do so,convey his decision to the contractor, and subject to arbitration as hereinafter provided, suchdecision in respect of every matter so referred, shall be final and binding upon the contractor. Incase the work is already in progress, the contractor will proceed with the execution of the work onreceipt of the decision by the Executive Engineer-In-Charge as aforesaid, with all due diligence

hether MUNICIPAL CORPORATION, GURGAON/or authorized representative of MUNICIPALCORPORATION, GURGAON or contractor requires arbitration as hereinafter provided for, or not.If the Executive Engineer-In-Charge of the work has conveyed his decision to the contractor and noclaim to arbitration has been filed with him by the contractor within a period sixty days from thereceipt of letter communicating the decision, the said decision shall be final and binding upon thecontractor and will decision, the said decision shall be final and binding upon the contractor and willnot be a subject matter of arbitration at all. If the Executive Engineer, In-charge of the work fails to

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convey his decision within a period of sixty days, after being requested, as aforesaid, the contractormay, within further sixty days of the expiry of first sixty days, after being requested, from the date on

hich request has been made to the Executive Engineer In-Charge request the Chief Engineer,MUNICIPAL CORPORATION, GURGAON that the matters in dispute be relevant to arbitration, ashereinafter provided.

(ii) All dispute or difference in respect of which the decision is not final and conclusive shall at therequest, in writing, or either party, made in a communication sent through Registered A.D. Post bereferred to the sole arbitration of any serving Superintending Engineer of MUNICIPALCORPORATION, GURGOAN to be nominated by designation by Chief Engineer of MUNICIPALCORPORATION, GURGAON AT THE RELEVANT TIME. There will be no objection to any suchappointment that the arbitrator so appointed is a Government servant/in service of MUNICIPALCORPORATION, GURGAON or that had to deal with the matter to which the contract relates in thecourse of his duties as a Government servant/in service of MUNICIPAL CORPORATION,GURGAON he has expressed his views on all or any of the matter in dispute. The Arbitrator to

hom the matter is originally referred being transferred or vacating his office his successor-in-office, as such shall be entitled to proceed with the reference from stage at which it was left by hispredecessor.

OrIn case the arbitrator nominated by the Chief Engineer, MUNICIPAL CORPORATION,

GURGAON is unable or unwilling to act as arbitrator such for any reason, whatsoever the ChiefEngineer, MUNICIPAL CORPORATION, GURGAON shall be competent to appoint and nominateany other Superintending Engineer of MUNICIPAL CORPORATION, GURGAON as arbitrator in hisplace and the arbitrator so appointed shall be entitled to proceed with the reference.

(iii) It is also a term of his arbitration agreement that no person other than a person appointedby the Chief Engineer, MUNICIPAL CORPORATION, GURGAON shall act as arbitrator and if forany reason that is not possible the matter shall not be referred to arbitration at all. In all cases

here the aggregate amount awarded exceeds Rs. 25,000/- the arbitrator must invariable givereasons for his award in respect of each claim and counter claims separately.

(iv) The arbitrator shall award separately giving his award against each claim and disputeraised by either party including any counter claim individually and that the lump-sum award shall notbe legally enforceable.

(v) The following matters shall not lie within the purview of arbitration :-

a) Any dispute relating to the levy of compensation as liquidated damages, which has alreadybeen referred to and is being heard or/and has been finally decided by the SuperintendingEngineer, In-Charge of the work.

b) Any dispute in respect of substituted, altered, additional work/omitted work/defective workreferred by the contractor for the decision of Superintending Engineer in-Charge of the work if it isbeing heard or has already been decided by the said Superintending Engineer.

c) Any dispute regarding the scope of the work or its execution or suspension orabandonment that has been referred by the contractor for the decision of the MUNICIPALCORPORATION, GURGAON and has been so decided finally by the MUNICIPALCOPRPORATION, GURGAON.

vi) The independent claims of the party other than the one getting the arbitrator appointed, asalso counter-claims of any party will be entertained by the arbitrator notwithstanding that thearbitrator has been appointed at the instance of the other party.

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vii) It is also a term of this arbitrator agreement that where the party invoking arbitrator is thecontractor, no reference for arbitrator shall be maintainable unless the contractor, furnishes to thesatisfaction of the Executive Engineer in charge of the work, a security deposit of a sum determinedaccording to details given below and the sum so deposited shall, on the termination of thearbitration proceedings, be adjusted against the cost, if any, awarded by the arbitrator against theclaimant party and the balance remaining after such adjustment or whole sum in the absence ofany such cost being awarded will be refunded to him within one month from the date of the award.

Amount of claims Rate of security deposit

i) For claims below Rs. 10,000/- 2% of amount claimed.

ii)wFor claims of Rs. 10,000/- and 5% of amount claimed.above & below Rs 1,00,000/-

iii)wFor claims of Rs. 1,00,000/- 7.50% amount claimed.and above.

The Stamp-fee due on the award shall be payable by the party as desired by the arbitratorand in the event of such party’s default the Stamp-fee shall be recoverable from any other sum dueto such party under this or any other contract.

(viii) The venue of arbitration shall be such places as may be fixed by the arbitrator at his solediscretion. The work under the contract shall continue during the arbitration proceedings.

(ix) Neither party shall be entitled to bring a claim for arbitration if the appointment of sucharbitrator has not been applied within 6 months:-

a) Of the date of completion of the work as certified by Executive Engineer-In-Charge, orb) Of the date of abandonment of the work, orc) Of its non-commencement within 6 months from the date of allotment or written orders tocommence the work as applicable, ord) Of the completion of the work through any alternative agency or means after withdrawal ofthe work from the contractor in whole or in part and/or its recession, or

e) Of receiving an intimation from the Executive Engineer-in-Charge of the work that finalpayment due to or recovery from the contractor had been determined which he may payment dueto or recovery from the contractor had been determined which he may acknowledge and/or receive.Whichever of (a) to (e) above is the latest.

If the matter is not referred to arbitration within the period prescribed above, all the rightsand claims of any party under, the contract shall be deemed to have been forfeited and absolutelybarred by time even for civil litigation notwithstanding.

(x) It is also a term of this arbitration agreement that no question relating to this contract shallbe brought before any Civil Courts without first involving and completing the arbitration proceedingsas above. If the scope of the arbitration specified herein covers issues that can be brought beforethe arbitrator i.e. any matter that can be referred to arbitration shall not be brought before a CivilCourt. The pendency of arbitration proceedings shall not disentitle the Engineer-In-Charge,MUNICIPAL CORPORATION, GURGAON to terminate the contract and make alternativearrangements for the completion of the work.

(xi) The arbitrator shall be deemed to have entered on the reference on the day he issuesnotices to the parties fixing the first date of hearing. The arbitrator may, from time to time, with theconsent of the parties enlarge the initial time for making and publishing the award.

(xii) It is also a term of this arbitration agreement that subject to the stipulation hereinmentioned; the arbitration proceedings shall be conducted in accordance with the provisions of theArbitration Act, 1940 or any other law in force for the time being.

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Clause 26(a): Any fluctuations in Railway rates which may occur during the subsistence of andaffecting freights of any material to be supplied under this contractor shall be brought to the noticeof the Engineer-in-Charge by the contractor within fifteen days from such date without prejudice tothe right of Government, should the contractor fail to comply with the above requirement anyexcess or short charge on account of such increase or decrease shall be credited to or recoveredfrom the contractor. No alteration in contract rates shall be admissible in consequence of fluctuationin railway freight when such railway freight is on account of material which is required by acontractor in the manufacture of an article to be supplied under this contract e.g. fluctuation ofrailway freight on coal required for burning bricks will not be taken into consideration or for an article

hich forms part of an finished work for purpose of this clause. Similarly no alteration in rates willbe allowed when a manufactured article is transported by rail from place A to place B to form part ofa finished work.

Clause – 27: The contractor shall be responsible for making his own arrangements for securingpriorities and licence for material and transportation required for the works and Engineer-in-chargeshall not be held responsible in any way for making such arrangements for any of them.

Clause-28 Lump sum estimate : When the estimate on which a Tender/Community Participation Notice is made includelump-sump provision in respect of parts of the work, the contractor shall be entitled to payment inrespect of the items of work involved or the part of the work in question at the same rates as arepayable under this contract for such items or the part of the work in question is not in the opinion ofthe Engineer-in-charge, measurable, the Engineer-in-charge may at his the discretion, pay the lumpsum amount entered in the estimate and the certificate, in writing, of the Engineer-in-charge shallbe final and conclusive against the contractor with regard to any sum payable to him under theprovision of this clause.

Clause-29 Action where no specification: In case of any class of work for which there is no suchspecification as is mentioned in rule 1. Such work shall be carried out in accordance with districtspecific action and in the event of there being no district specification then in such cases, the workshall be carried out in all respect in accordance with instructions and requirements of Engineer-in-charge.

Clause-30 Definition on work: The expression “Work or Works” where used in these conditionsshall unless there be something either in subject or context repugnant to such construction beconstructed and taken to mean the works by virtue of the contract contracted to be executed

hether temporary or permanent and whether original, altered, substituted or additional.

Clause-31 The percentage referred to at page – 7 of the Tender/Community Participation Notice will be calculated on thegrossamount (value of finished work including cost of materials whether purchased from the MUNICIPALCORPORATION, GURGAON or direct) of (1) the item of work to which the rates in the Tender/Community ParticipationNotice applyand also see the items of work for which rates exist in the Haryana PWD schedule or Rates 1988.

Clause-32 Unless otherwise provided for in the contract the “Engineer-in-charge” referred to in theTender/Community Participation Notice & contract for work means Executive Engineer MUNICIPAL CORPORATION,GURGAONDivision__________.

Clause-33 The terms and conditions of the agreement have explained to me/us and I/we clearlyunderstand them.

Clause-34 The contractor shall be responsible for making his own arrangements for securinglicenses for the materials and their transportation required for the works and Engineer-in-chargeshall not be held responsible in any way for making such arrangements.

Clause-35 The contractor undertakes that he is not related to any of the officers employed by theMUNICIPAL CORPORATION, GURGAON

Clause-36 No pit shall be dug by the contractor near the site of the work for taking out earth for useon the work. In case of default, the pit so dug will be filled in by the department at the cost of thecontractor plus 14% department charges.

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Clause-37 The contractor shall have to pay sales tax to Excise and Taxation Department inaccordance with in rules in force from time to time.

Clause – 38 All payment for work done under this contract shall be made by cheque to thecontractor.

Clause -39 All royalty and compensation for building stone, bajri and stone metal or any othermaterial should be included in the rates to be quoted and is payable by the contractor.

Clause -40 The rates given are for the finished work inclusive of Octroi charges, sales tax, allduties and all other taxes as applicable.

Clause –41 It will be the responsibility of the contractor to ensure that trees at the site of work andin the vicinity or their fruit etc. are not damaged by his labour or agent. Cost of damage done, if any,

ill be assessed at the discretion of the Engineer-in-charge and deducted from the bill of thecontractor.

Clause-42 The contractor shall provide at his own cost separate latrine, bathing enclosures andplatform for use of the men and women labour and keep them clean to the satisfaction of theEngineer-in-charge. He should also arrange at his own expense for clean drinking water, housing,medical facilities necessary for the welfare of the labour employed at his work. In case of his failurethe same shall be provided by the MUNICIPAL CORPORATION, GURGAON at contractor’s cost.Any dispute regarding this will be settled by the Engineer-in-charge whose decision will be final andbinding. Contractor will also follow the fair wage clause attached.

Clause-43 Any material left on the site of work after one month from the date of completion of theork shall become the property of the MUNICIPAL CORPORATION, GURGAON and no payment

shall be made for it.

Clause-44 The amount of the work can be increased or decreased according to the requirement ofthe department and no claim whatsoever on this account will be entertained.

Clause-45 MUNICIPAL CORPORATION, GURGAON reserve the option to take away any items ofthe work or part thereof at any time during the currency of the contract and re-allot it to anotheragency with due notice to the contractor without liability or compensation.

Clause -46 No Claim on account of fluctuation in price due to war or any other cause will beenterained.

Clause-47 The contractor shall be liable to make good all damages caused by breakage from themoment the stores are handed over to his charge.

Clause-48 No compensation whatsoever will be payable on account of any delay or default in thesupply of material mentioned in the “list of material to be issued to’ the contractor” by thedepartment and consequent delay in the execution of work.

Clause-49 The contractor will inform the C.M.O about the employment of labourer on the work forcarrying out Malaria Surveillance.

Clause-50 The terms and condition of the agreement have been explained to me/us and I/weclearly understand them.

Clause-51 All type of cautionary board, signals for safe and smooth execution of work, diversion oftraffic etc. shall be provided by the contractor at his own cost and nothing extra is payable on thisaccount.

Clause-52 With the issue of allotment letter in the name of lowest agency made by the ExecutiveEngineer, the agreement shall stand concluded and all the clauses, terms and conditionsmentioned above and in the Tender/Community Participation Notice form shall be applicable, even when the agreement forthe workis not signed by the contractor/firm.

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Clause-53 No premium shall be payable on Non-schedule items. Whether depicted in en-closedschedule of rates or not. Contractor will quote his separate rates as depicted on page No. 6 of theTender/Community Participation Notice from if required.

MUNICIPAL CORPORATION, GURGAONCONTRACTOR’S LABOUR REGULATION

1. Short Title: The Regulations may be called (I) Haryana Public Works Department ContractsLabour Regulation.2. Definition: In these regulations unless otherwise expressed or indicated the following words andexpressions shall have the meaning given hereby against them respectively that is to say.a. “Labour” means workers employed by the contractor directly or indirectly through a subcontractor or other person or by an agent on his behalf.b) “Fair Wages” means wages whether for time or piece work notified for the work by districtauthority and where such wages have not been so notified the wages prescribed by the HaryanaPublic Works Department for the district in which the work is done.c) “Contractor” shall include every person whether a sub-contractor or headman of agent employinglabour on the work taken on contract.d) “Wages” Shall have the same meaning as defined in the payment or Wages Act 1936 andinclude time and piece rate wages.

3. Display of notices regarding wages etc.The contractor shall before he commences his work in contract, display and correctly maintain andcontinue to display and correctly maintain a clean and legible condition at conspicuous places onthe workers giving the rate wages which have been certified by the Executive Engineer and theSuperintending Engineer. The Chief Engineer or Regional Labour Commissioner as fair wages andthe hours or work for which such wages are earned and a copy of such notices to the DistrictLabour Welfare Officer.

4. Payment of Wages(1) Wages due to every worker shall be paid to him directly(2) All wages shall be in current coin or in both

FIXATION OF WAGES PERIOD

5.w (i)wThe contractor shall fix wages period in respect of which the wages shall be payable.

(ii) No wages period shall exceed one month.

(iii)Wages of every workman employed on the contract shall be paid before expiry of tendays after the last day of the wage period in respect of which the wages are payable.

(iv) When the employment of any worker is terminated by or on behalf of the contractor, theages earned by him shall be paid before the expiry of the day succeeding the one onhich his employment is terminated.

(v) All the payments of wages shall be made on working day.

6. Wages book and wages slip etc.(i) The Contractor shall maintain a wage book of each worker in such form as may be

convenient but the same shall include the following particulars.(a) Rate of daily or monthly wages or contract wages.

(b) Name of work on which employed.

(c) Nature of work on which employed.

(d) Total number of days worked during each wage period and total amount payable forthe work during each wage period.

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(e) All deductions made from the wages with an indication in each case of the ground forhich the deduction is made.

(f) Wages actually paid for each wage period.

2 The contractor shall also maintain a wage slip for each worker employed on the work.

3 wThe authority competent to accept the contract may grant an exemption from maintenance ofage book and slips to a contractor who in his opinion may not directly or indirectly

employ more than 50 persons on the work.

7.w(1) Fines and deductions which may be made from wages: 7(i) the wages of worker shallbe paid to him without any deduction of any kind except the following:

(a) Fines

(b) Deduction for absence from duty i.e. from the place where by the term of hisemployment is required to work. The amount of deductions shall be in proportion to the period for

hich he is absent.

(c) Deduction for damage to or loss of goods expressly entrusted to the employed personfor custody or for less or money for which he is required to account, where such damage or loss isdirectly attributable to his neglect or default.

(d) Any other deduction which Municipal Corporation, Gurgaon may from time to timeallow.

6. No fine shall be imposed on a worker and no deduction for damage of loss shall bemade from his wages until the worker has been given an opportunity or showing causes againstsuch fines or deductions.

7. No fine imposed on a worker shall be recovered from him by instalment or after expiryof 60 days from the date on which it was imposed.

8. Register of fines act-8 (1) The contractor shall maintain a register of fines and of alldeductions for damage of loss. Such register shall mention the reason for which fine was imposedor deduction for damage or loss which was made.

(2) The contractor shall maintain a list in English and the local Indian language, clearlydefining acts and commissions for which penalty of fine can be imposed. He shall display such listand maintain it in a clear and legible condition in a conspicuous place on work.

9 Preservation of Books – The wages book, the slip and the register of fine deductionrequired to be maintained under this regulation shall be preserved for 12 months after the date ofthe last entry made in them.

10. Power labour welfare officer to make investigation of enquiry- The LabourWelfare Officer or any other person authorised by the MUNICIPAL CORPORATION, GURGAONon their behalf shall have power to make enquiries with a view to ascertaining and enforcing dueand proper observances of the wage clause and the provision of these regulations. He shallinvestigate into any complaint regarding the default made by the contractor or subcontractor inregard to such provision.

11. Report of Labour Welfare Office – The Labour Welfare Officer or any other personauthorised as aforesaid shall submit a report of the result of his investigation or enquiry to theExecutive Engineer concerned, indicating the extent if any to which the default has been committedand the amount of fine recoverable in respect of the acts of commission of the labours with a notethat necessary deduction from the contractors will made and the wages and the other dues be paidto the labour concerned.

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12. Appeal against the decision of the Labour Welfare Officer – Any person agreed bythe decision and the recommendation of the Labour Welfare Officer or other person so authorisedmay appeal against such decision to the Labour Commissioner but subject to such appeal, thedecision of the officer shall be final and binding upon the contractor.

13. Representation of Partiesa. A workman shall be entitled to be represented in any investigation or inquiry underthese regulation by :

a) An officer of a registered Trade Union to which he is a member.

b) An Officer of Federation of Trade Unions to which the trade union referred it in clause(a) is affiliated.

Where the worker is not a member of any registered union, an officer of registered trade unionconnected with, or by any other workman employed in the industry in which the worker is employed.

b. An employer shall be entitled to be represented in any investigation or inquiryunder these regulations by:

a) An officer of an association of employers of which he is member/

b) An officer of an association of employees to which the associationreferred to in clause (a) is affiliated.

c) Where the employer is not member of any association of employees byan officer of an association of employers connected with or by any other employer is engaged.

7. No party shall be allowed to be represented by a lawyer during any investigation enquiryappeal to any other proceeding under these regulations.8. Inspection of Register – The contractor shall allow inspection of the wages slip to any of his

orker or to his agent at a convenient time and places after due notice is received or the LabourWelfare Officer or any other person authorized by the MUNICIPAL CORPORATION, GURGAONon his behalf.9. Submission of return – The contractor shall submit periodically return as may be specifiedfrom time to time.10. Licensing of contractorEvery contractor who employs or who employed on any of the proceeding 12 calendar months 20or more workmen is covered by the Act and is required to obtain a licence, the contractor shouldobtain the necessary licence as required under section 12 of contractor labour (Regulation andAbolition Act 1970) before commencing the work.11. Amendment – The Haryana Government may from time to time add or amend theseregulations and or any question as to application, interpretation or effect of these regulations thedecision of the Labour Commissioner to Haryana Government or any other person authorized bythe MUNICIPAL CORPORATION, GURGAON to that behalf shall be final.12. The contractor shall be responsible to provide to the entire satisfaction of the Engineer in-charge at his own expense the following amenities for the labour employed by him.

i. Suitable temporary halting accommodation.ii. Trench latrine, bathing enclosure, platforms, separately for men and

omen and their regular cleanliness and clean drinking water.

In the event of his failure to provide any or all the amenities, the same shall be provided by theMUNICIPAL CORPORATION, GURGAON and cost thereof shall be recovered from the contractor.Any dispute regarding above point shall be settled by the Engineer-in-charge and his decision shallbe final.

FAIR WAGES CLAUSES

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(a) The contractor shall pay not less than fair wage to labour engaged by him onthe work.

Explanatio

Fair wage means wage whether for time or piece of work notified at the time of inviting Tender/Community ParticipationNoticesof the work and where such wages have not been so notified, the wage prescribed by the Public

Works Department, Building and Road Branch, Haryana for the district, in which the work is done.

b) The contractor shall, notwithstanding the provisions of any agreement to thecontrary, caused to be paid fair wages to labours, and indirectly engaged on the work including anylabour engaged by his sub contractors in connection with said work, as if the labourers had beendirectly employed by him.c) In respect of labour directly employed on the works for the performances of thecontractor’s part of this agreement the contract shall comply with or cause to be complied with thePublic Works Department Contractors’ labours Regulations made by Government from time to timein regard to payment of wages period, deductions from wages, recovery of wages not paid anddeductions unauthorizedly made, maintenance of wage register, wage slip, publication of wagesand other terms of employment inspection and submission of periodical returns and all othermatters of such like nature.d) The Executive Engineer or Sub Divisional Engineer concerned shall have theright to deduct, from the money due to the contractor, any some required or estimated to berequired for making good the loss suffered by a worker or workers by reason of non fulfillment ofthe conditions of the contract for benefit of the workers, non-payment of wages or deductions madefrom his or their wages which are not justified by the terms of the contract or for non-observance ofthe regulation is referred to in clause (c) above).(e) Vis-à-vis the MUNICIPAL CORPORATION, GURGAON the contractor, shall beprimarily liable for all payments to be made under and for the observance of the regulationsaforesaid, without prejudice to his right to claim indemnity from his sub contractor.(f) The regulations aforesaid shall be deemed to be a part of this contract and anybreach thereof shall be deemed to be a breach of this contract.(g) Attendance card should invariably be issued by the contractors to their

orkers, which I should be returned to the contractors concerned at the time’ of receiving paymentof their wages.(h) Before making payment to the contractor, the authorities concerned shouldobtain a certificate from the contractor that he has made payment to all workers connected with theexecution of the work, for which the payment is being made.(i) The normal working hours of workers employed by contractors for theexecution of work allotted to them should be 8 hours per day with a break of 2 hours duringsummer, one hour during winter after continuous work of 4 hours at the most. The spread overshould in no. case exceed 10 hours, workers working beyond these hours, should be paid over time

ages, at the double the ordinary rate of their wages, calculated by the hour.

LIST OF MATERIALS TO BE ISSUED BYTHE ENGINEER-IN-CHARGE OF THE WORKS TO THECONTRACTOR

1. All the above materials will be issued at the place of issue given and all thecosts of carriage including loading & unloading from the place of issue to site of work will be borneby the contractor and this in including in the rate of work to be carried out by contractor.2. In case any quality of cement, steel, coal or any other controlled oruncontrolled commodity for use directly on the aforesaid work of manufactures or materials requiredin connection there with which is not utilized for the purpose for which it is issued or otherwisedisposed off by him or spoiled or lost or allowed to get destroyed or used in excess of the quantitiesactually required to be used as per specification there-in-stipulated or those fixed by the Engineer-in-charge, the cost of such quantities of the materials shall without prejudice to other rights andremedies available to the MUNICIPAL CORPORATION, GURGAON be recoverable from thecontractor at the double stock rate at which it is agreed to be supplied to the contractor or doublethe stock rate for the quantities issued free to cost.3. EXCESSIVE/SHORT CONSUMPTION OF MATERIAL RECOVERY FROMCONTRACTOR

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(a)For excessive consumption of material up to 5% (five percent).

Recovery will be made from the contractor at issue rate plus 3% percent storagecharges.

(b) Excessive consumption of material more than 5%(five percent)Recovery will be made from the contractor for the excessive consumption of materials

at penal rates provided in the contract plus three percent storage charges.

(c) For short consumption of material up to 5% (five percent)

The recovery of cost of materials saved would be made from the contractor at issue rates.

(d) In case of less consumption by more than 5%(five percent)

The rates of concerned items will be reduced where less material might have been consumed andthe same would be reduced proportionate to the materials used shorter than prescribed. However,

here it is not possible to determine the exact item on which less material has been used, the costof materials would be recovered from the contractor at issue rate some and in addition thecontractor will be opened to disciplinary action by the Divisional Officer. In case where the items of

ork become non-schedule & non agreement due to less consumption of materials the ExecutiveEngineer may sanction such non-schedule & non agreement rates up to the power of his technicalsanction of original works where amount larger than those mentioned above are involved, the rates

ill be got approved from the competent authorities concerned who can approve such rates up totheir powers to sanction estimates technically should also be left to the Executive Engineer todetermine whether the structure is affected adversely by less consumption of material and in cases

here he feels that it is likely to be so,

It is for him to reject the work and decision in such matters of Executive Engineer shall be final.

4. 3% storage charge will be levied on all materials issued to the contractor fromstock, the cost of which is recoverable.5. The Octroi, Terminal Tax Royalty and, other taxes and charge on the materialsissued shall be borne by the contractor.6. The recovery of cement and steel shall be made in the usual manner from therunning bills for the up to date quantity of such materials issued to the contractor not withstandingthat lesser quantity of cement and steel might have been consumed on the work & the balancedquantity may be lying in the store, at the site of work.7. Material issued at MUNICIPAL CORPORATION, GURGAON Store if not usedat site will be returned MUNICIPAL CORPORATION, GURGAON Store immediately. In case thematerial is not returned or lesser material is returned recovery at penal rate will be made at therates given in the contract plus storage charges.8. The other material mentioned in the list will be supplied to the extent of theseparate security deposit of suitable amount as per direction of Engineer-in-charge.9. The rate of cement is inclusive of cost of empty bag.10. The contractor will have to make his own arrangement for bricks and tiles.11. The consumption of cement will be regularized as per P.W.D. specificationalong with amendments, if any.

ADDITIONAL CONDITION OF CONTRACT

1. The cement will be arranged by the Contractor/Agency/Firm at his own level.The Contractor/Agency/Firm may quote his rates accordingly. The provision of stock issues ratesfor cement and steel mentioned in Gazetted notification dated 21.02.2006 regarding ceilingpremium above HSR 1988 are not applicable in this case.2. The cement will be arranged by the Contractor/Society/Agency/Firm at his ownlevel. The cement shall be ordinary Portland – 43 grade, duly ISI marked & confirming to ISI-8112

ith latest amendments. The cement manufactured by Mini Cement Plant shall not be used.

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. The cement shall be purchased from authorized Distributor or Manufacturer orAuthorized Dealer.4. The cement arranged by the Contractor/Agency will be brought at site and shallbe kept in the Store maintained at site, provided with dual locking system i.e. 1 key of lock withst

representative of the department and 2w key of lock with authorized representative of agency.nd

5. The contractor/agency will inform the Executive Engineer/Assistant Engineerfor the quantity of the cement brought at site with bill/challan in the name of that agency beforeusing the same and Executive Engineer In-charge or his authorized representative may check theactual receipt of cement at site.6. The Engineer-in-Charge or his authorized representative may, if need be, alsosend the cement for testing to any Government Lab, Reputed Lab. The sample of the cement willbe collected as per BIS specifications in the presence of the Contractor/Agency or his authorizedrepresentatives. In case the cement is found as per ISI specifications then the cost of testing will beborne by the Department, but in case the cement sample fails to meet the BIS requirements, thenappropriate action as per contractor agreement will be taken. The cost on the testing of cementalong with any loss caused to the Government shall also be recovered from the contractor Agencyand no claim in this respect will be entertained.7. The stock of cement at site shall not be more than one month consumption andonly sufficient quantities shall be kept to ensure continuity of the work.8. The cement consumption register showing dated cement brought at site by thecontractor/agency and its day-to-day utilization will be maintained. The said register shall be opento inspection by representatives of the Engineer-in-charge during his visit at site. The consumptionand receipt in the register shall be initiated jointly by the authorized representative of the contractoragency and representative of Engineer-in-charge. The said register will be issued by office ofconcerned Assistant Engineer under his dated signature for each agreement separately. Theregister will also contain the columns for work executive against the cement issued.9. Quality check register will be maintained at site and regular sampling of workexecutive every month shall be recorded in the same.10. MUNICIPAL CORPORATION, GURGAON reserves the right of negotiations asper policy approved by the State Government with the Tender/Community Participation Noticeers in case the prices quotedare fit tobe on higher side or otherwise. The negotiations will be carried out with 1, 2w & 3 lowestst nd rd

contractors. The highest amongst them will be called first and lowest Tender/Community Participation Noticeer in the last. Ifduringnegotiation Tender/Community Participation Noticeer other than lowest reduces his prices/amount below then those oflowest thenlowest Tender/Community Participation Notices will be counter offered this price/amount and in eventuality of him notaccepting thecounter offered the same shall be offer to second lowest and so forth. Tender/Community Participation Noticeer who refusethecounter offer will not have any right to the bid later on.11. The Engineer-in-charge can opt for 3 party Inspection other than MUNICIPALrd

CORPORATION, GURGAON. In addition to inspection by MUNICIPAL CORPORATION,GURGAON staff. The 3 party would inspect the work during its execution to ensure execution ofrd

ork as per specifications/agreement and also quality control i.e. drawls of samples, testing & otheritems etc. The report of the same would be submitted to Engineer-in-charge by the 3 party. Therd

agency/contractor shall be bound by the report of 3 party inspection and shall take remedialrd

measures for execution of work as per specifications in agreement. The inspection and sampletesting charges will be borne by MUNICIPAL CORPORATION, GURGAON.

Variation in the Rates of Bitumen/Emulsion. This has created uncertain conditions for thecontracting agencies which is a major block in the way of development works in view of abovedifficulties being faced by the Department Government has decided to incorporate the followingvariation Clause, as additional condition, regarding the rates of bitumen/emulsion in the contractdocuments:-1. That the rate of bitumen/emulsion at the refinery on the date of receiptof Tender/Community Participation Notice shall be considered as base rate if during execution of the works, the rate ofbitumen/emulsion in-creases or decreases at refinery, the difference in cost shall be paid/recoveredfrom the contractor in the bill subject to the following conditions:-1.1 The bitumen/emulsion will be arranged by the contractor fromapproved refinery only.1.2 The contractor shall submit original bill/voucher of the refinery whileclaiming the payment for the work done. The bill/voucher should pertain to the period of originalcontractual time limit and should correspond with the progress of work. No extra payment due toincrease in rate of bitumen/emulsion will be paid if the original bill/vouchers are not submitted by the

_____________ _________ _____________________


- 43 -

agency. No increase in prices of the bitumen emulsion shall be reimbursed to the contractor beyondthe original time period allowed for construction as per contract agreement irrespective of extensionof time limit granted to the agency for reason, whatsoever.

1.31.31.3 After approval of Tender/Community Participation Notice, the contractor shall submit the workprogramme for execution of work and get it approved from the Engineer-in-Charge in the time limitprescribed in the Tender/Community Participation Notice document. The increase in rates of bitumen/emulsion shall only bepaid ifthe bituminous work is carried out within the prescribed period as per the approved work

1.4 Contractor should stricty comply with the directions contained in the various orders of Tribunalas well as the MOEF Guidelines 2010 in relation to precautions required to be taken while carryingon construction

1.5 Contractor shall put tarapaulin on scaffolding around the area of construction and the building.. NoPerson including contractor, owner can be permitted to store any construction material particularysand on any part of the street, road in any colony.

1.6 The construction material of any kind that is stored in the site will be fully covered in all respects so thatIt does not disperse in the air in any form

1.7 All the construction material and debris shall be carried in the trucks or other vehicle which arefully covered and protected so as to ensure that the construction debris or the construction materialdoes not get dispered into the air or atmosphere, in any form whatsoever.

1.8 If any reason, owner or contractor is found to be violating any of the condition stated in this orderor for their non compliance, such person, owner, contractor shall be liable to pay, compensationof Rs. 50,000/- for each defalt in relation to construction activity at its site and Rs. 5000/- for each

violation during carriage and ransporation of construction material, debris through trucks or othervehicle, in terms of section 15 of the NGT Act on the principal of polluter pay. Such action wouldbe in addition not in derogation to the other action that the authority made take against such contractor,owner, person and transporter under the laws in force.

1.9 If construction is being carried out without taking the preventive and protective environment/ steps asstated in this order and MOEF guidelines, 2010, the State Government, SPCB and any officerof any department as aforestated shall be entitled to direct stoppage of work.

Road Safety ItemsContractor shall provide road safety items like diversion boards cautionary boards. Men at workboards delineators, traffic cones, flagmen, Barricades etc. at the site of work. In case these itemsare not provided by the contractor then MUNICIPAL CORPORATION, GURGAON will providethese items and double the cost shall be recovered from the contractor.

_____________ _________ _____________________


- 44 -

SCHEDULE NO. 1Schedule showing (approximately) materials issued from MUNICIPAL CORPORATION, GURGAON stores for

orks contract to be executed and the rates at which are to be charged for:

Sr.

No.

Description Rate to be charged from the contractor

for supply

Place of

Issue1 Portland Cement in bags to weight 50 Kgm.

Inclusive of weight of bag

At the rate of Rs. _________ per bag

inclusive value of empty bag

At MCG

Stores

_______2 Salt glazed stone ware pipes

(1) ___________________________ mm i/d

(2) ___________________________ mm i/d

(3) ___________________________ mm i/d

@ Rs. ____________ per pipe of 60cm

@ Rs. ____________ per pipe of 60cm

@ Rs. ____________ per pipe of 60cm3 (a) R. C. C. Pipe

i) _________________________ mm i/d

ii) _________________________ mm i/d

iii) _________________________ mm i/d

(b) Collars

i) (a) _________________________ mm i/d

ii) (b)_________________________ mm i/d

iii) (c)_________________________ mm i/d

@ Rs. ____________ per meter

@ Rs. ____________ per meter

@ Rs. ____________ per meter

@ Rs. ____________ per collar

@ Rs. ____________ per collar

@ Rs. ____________ per collar4 Pig lead for C.I. water pipes Free of cost (for labour rate items) --do--5 C. I. Pipes & specials

(i) (a) _______________________ mm i/d

(b) _______________________ mm i/d

(c) _______________________ mm i/d

(d) _______________________ mm i/d

(ii) Specials

@ Rs. ____________ per meter

@ Rs. ____________ per meter

@ Rs. ____________ per meter

@ Rs. ____________ per meter

@ Rs. ____________ per Kg.

--do—

--do—

--do—

--do—

--do--6 Bitumen 80/100 grade @ Rs. ____________ per metric tonNote:- 3% storage charges will be levied on all above materials issued to the contractor from the stock, thecost of which is recoverable.

_____________ _________ _____________________


- 45 -

AFFIDAVIT

I ______________________________________ S/O Sh. ______________________________________

Resident of ___________________________________________________ Section ________________________

District __________________________________ contractor/partner/share holders (strike out which is not

applicable) (firm or contractor) do hereby solemnly declare as under:-

1.wThat the person/firms black listed by MUNICIPAL CORPORATION, GURGAON/Haryana Government/

Government of India from time to time never had any connection and interest in my business.

2.wThat the above said contractor/persons/firms do not have any substituting in my business and

3.wThat the said persons/firms are not employees of my firm and are not in any way connected with my

business

DEPONENT

WITNESS

DATED:I do hereby solemnly declare that affirm that the above declaration is true and correct to the best of my

knowledge and belief. No part of it is false and nothing has been concealed.

DEPONENT

WITNESS

DATED:

_____________ _________ _____________________


- 46 -

Right of MCG to setup a Citizens Supervisory Committee

1.1. The Commissioner, Municipal Corporation Gurgaon may setup a CSC (Citizen

Supervisory Committee) of any numbers of residents of Municipal Corporation,

Gurgaon who have a stake in this work for supervision of the execution of the work on the ground

2.The execution of entire work will be monitored by the Citizen Supervisory Committee

comprising persons who are stake holder in the work. The contractor shall be bound to

keep Committee apprised of various important phases of the work right from the

beginning till the end. The contractor shall also give due consideration to the

suggestion given by this committee may make from time to time with regard to the

quality of work. In the event of contractor finding such suggestion to be irresponsible or

unacceptable he will bring matter to the notice of the Municipal Corporation Gurgaon.

No Payment will be released to the contractor for the work/part work till a recommendation to thateffect is received from the CSC


- 47 -GENERAL NOTES (A)

1. This contract schedule of rates is an extract of the relevant items from the Haryana PWD scheduleof rates, 1988 and is to be read with another schedule attached hereto namely as the “SCHEDULE OF CEILING PREMIA ”. For the purpose of cross reference against each items thechapter no and the item no has been indicated.

2. The above rates are for the complete items including cost of all materials, labour, tools and plantsetc. unless otherwise specified.

3. All clauses and notes L given in the Haryana PWD schedule of rates 1988 with upto the date ofTender/Community Participation Notice shall be applicable on all above items where evernecessary.

4. The description rates, units etc. of the above items shall be corrected as per Haryana PWDschedule of rates, 1988 in case of any error or omission.

5. Nothing shall be paid for unforeseen delays on account of non-availability of any kind of material,drawing or design.

6. Nothing shall be paid for the damage done by rain, floor or any other act of God.

7. The whole work shall be carried out strictly in accordance with the Haryana PWD specifications1990 edition with upto date correction slips.

8. In case contract schedule of rates. Only essential portion or items has been written it will deem tocover the entire items fully described in Haryana PWD schedule of rates subject to the foot notesand notes given in the Haryana PWD schedule of rates 1988.

9. The work shall be considered to be situated within the Municipal limits for all purposes.

10.No claims will be entertained from the contractor in case any mistake in description, rates or unitsaccrue in any of the items taken in the schedule, while composing this schedule or on account oftyping or comparison or over sighting. If there is any mistake, the same shall be rectifiable at anystage as per Haryana PWD schedule or rates, 1988 by the Engineer-in-charge along with theamendments of the same received from time to time.

11.Approximate quantities have been given in the contract schedule of rates and these can very atthe time of execution of the work. The payment will however be made according to the actualwork done by the contractor and accepted by the Department.

12. The amount of work can be increased or decreased. The contractor will have no claims on thisaccount.

13. The items given in the contract schedule of rates can be changed by the Engineer-in-charge andits execution will be handing over the contractor.

14.No claim on account of fluctuated in prices due to any reason what so ever will be considered.

15. The list of ceiling premia admissible on various items contained in various chapter of HaryanaPWD schedule of rates 1988 is attached with the notice inviting Tender/Community ParticipationNotice and shall from the part and parallel of this contract schedule of rates. All those items whichdo not fall within Haryana PWD schedule of rates, 1988 the ceiling premia shall be “ZERO”.

16. Payment only made to the contractor for the work actual done at site and accepted by thedepartment.

17.All the items in the contract schedule of rates are subject to the foot notes as given in theHaryana PWD schedule of rates, 1988 regarding these items.

18. The department reserve the option to take away any item of work or any part there of at anyitem during the currency of contractor and re-allot to another contractor with due notice to thecontractor without liability of compensation.

19. The item of HSR 1988 is described very briefly but the description would mean the completedescription in aforesaid PWD schedule of rates, 1988 regarding these items with upto dateamendments.


- 48 -20.All the pages of the Tender/Community Participation Notice for must be signed by the

Tender/Community Participation Noticeed before submitting the Tender/Community ParticipationNotice failing which the Tender/Community Participation Notice shall be treated as invalid.

21. The validity of the Tender/Community Participation Notice shall be considered as three monthsand no lower limit even if quoted by the contractor shall be considered.

22. In the DNIT CSR means CONTRACT SCHEDULE OF RATES.

23. If water connection is given to the contractor by the department ½% (Half percent) charges shallbe deducted from the bill of the work done. However, material required for water connection willbe arranged by the contractor.

24. The work will be carried out according to IRC, MORT & H / PWD specification latest edition whichwill form a part and parcel of this contract schedule of rates.

25.Nothing extra shall be paid for any type of jungle clearance which the Tender/CommunityParticipation Noticeer may have to carry out.

26. If any damaged is done by the contractor to any existing work during the coarse of excavation ofthe work. This shall have to be made good by him at his own cost.

27. The shall take all the precaution to avoid the accidents by providing and maintaining necessarycaution boards, day and night speed limit breakers, red flags and red light and providing barriersas necessary at either end of the location. All these arrangements will be considered as incidentalto the work and contractor responsibility and nothing shall be payable to him in this respects.

28. The contractor shall make his own arrangement for the electric connection of required and makenecessary payment directly to the department concerned.

29. The work will be open to third party inspection arranged by the department and contractor willhave no claims in this regard. The charges for third party inspection will be born by thedepartment.

30.Any item of work not provided in the contract schedule of rates but require to be executed, will beat the Haryana PWD schedule of rates, 1988 together with the ceiling premium exhibited in theNIT for various chapters where the item exists in the Haryana PWD schedule of rates 1988subject to premium or discount Tender/Community Participation Noticeed by the contractor. Incase of non scheduled item, this will be governed by clause 12 of the contract agreement.

31.MCG has right to negotiate the rates to explore lower rates if required.


TECHNICAL CONDITIONS (B)1. The ISI marked OPC 43 Grade; Cement will be used and arranged by the Contractor/ Agency at his

own cost.

2. The work will be open for third party inspection for quantity and quality as per prescribed relevant. ISspecification as directed by the Engineer in charge.

3. The design mix to be used will be going approved by the agency from Engineer-in-charge at least 15day in advance. The samples will be given by the agency free of cost.

4. Contractor shall provide suitable measuring arrangement and leveling instruments latest qualityapproved by Engineer-in-charge at the site of work.

5. No extra payment on account of quality control measures shall be paid to the contractor.

6. PERIOD OF DEFECTS LIABILITY. The contractor shall be responsible to make good and defect whichmay develop or may be noticed during period of one year from the certified date of completion and


- 49 -which is attributable to the contractor. All notices of such defects shall be given to the contractorpromptly. In case the contractor fails to make good the defects, the Engineer-in –Charge mayemploy other means to make good such defects and all expenses consequent and incidental there toshall be borne by the contractor.

7. The contractor shall not occupy or obstruct by his operations more than ½ of the width of any road orstreet. However, in special conditions, the contractor shall obtain the consent of the Engineer-in-charge in writing before closing any road for vehicular traffic and footpath shall be kept clear at alltimes. The contractor shall make all the precaution to avoid any accidents and for proper guidance ofthe traffic bye providing necessary barriers, reflective cautionary sign/ signal, speed limit boards, redand green flags, electric light focus type at night, with sufficient number of chowkidars and othermeasures while work is in progress or blocking the road wherever otherwise necessary. The materialand the machinery shall be stocked/ placed at the site of work in such a way that there will be noobstruction to traffic and inconvenience to public. No claim shall be entertained on account of suchfaulty arrangement made by the contractor. The contractor shall be fully responsible for all accidentscaused by the negligence of such precaution. In case the contractor fails to comply with the aforesaid arrangements the same shall be made by the Engineer-in-charge at the risk and cost of thecontractor.

8. If directed by the Engineer-in-charge in writing the work shall be done during night time for whichnothing extra shall be paid to the contractor.

9. Before Tender/Community Participation Noticeing the Tender/Community Participation Notice shallinspect the site of work and shall fully acquaint/ satisfy himself about the condition with regard tosite, nature of soil, availability of material, suitable location for construction of god owns stores andlabour huts, the extent of leads and lifts is involved in the work (over the entire duration of contract)including local required for a satisfactory execution of work. This rate should take into considerationall such factors and contingencies. No claim what so ever shall be entertained by the department onthis account.

10.Only actual quantities of work completed by the Engineer-in-charge shall be paid for if any damage indone by the contractor to any existing work during the course of execution of work, this shall have tobe made good by him at his own cost.

11.At least one authorized representative of the contractor should always be available at site of work totake instruction from departmental officers and ensure proper execution of work should be done inthe absence of the contractor.

12. The contactor shall be required to provide all such materials/ equipment’s at site to conduct fieldtests and to ensure that the quality of aggregate shall be according to the prescribed specificationand no payment for material required for samples for such tests shall be made to him. In case thematerial is not found up to mark, the same will be rejected.

13. For cement, bitumen, steel and similar other material there essential tests are to be carried out atthe manufacturer’s plants or at laboratories other then the site laboratory, the cost of samples,testing and furnishing of test certificates to the Engineer.

14.Nothing shall be paid for making and maintenance of service road required for the transportation ofthe material.

15.Nothing shall be paid for making and maintenance of service road required for the transportation ofthe material.

16. If any damage is done by the contractor to any existing work during the course of excavation of thework this shall have to be made good by him at any cost.

17.Only actual quantities of work completed and accepted by the Engineer-in-charge shall be paid for.

18. The contractor shall make his own arrangement for obtaining the electric connection of required andmake necessary payment directly to the department concerned.

19. Irrespective of what is stated in para 6 of the preface of Hr. PWD/ schedules of rates 1988 generalrules no carriage of cement, steel and bricks aggregate bitumen or any other type of material shallbe admissible irrespective of lead involved.

20.No payment will be made to the contractor for damage caused by the rains or other natural claimantsduring the execution of the work and no claim on this account will be entertained.


- 50 -21. This security shall be refunded after 3(three) months of completion of work but the contractor/

Agency shall submit deposit at call in the shape of bank Guarantee of equal amount for balance09(nine) months in favour of Engineer-in-charge before release of security.

22. The aggregate & fine aggregate used shall be as per PWD/ Most specification and the water shall beas per IS 456 2000.

23.All aggregates including water etc. and furnished products in RMC will be tested as per relevant ISIstandard.

24. The Fly ash may be used in mix designed for M-40 grade to max extent of 10% and design be gotapproved by the NCCB/CRRI with minimum cement content 420 Kg of 43 grade per cubic meter.

25.Any item of work not provided in the contract schedule of rates but require to be executed, will bepaid at the Haryana PWD schedule of rates, 1998 together with the ceiling premium exhibited in theNIT for various chapter where the item exists in the Haryana PWD schedule of rates 1988 subject topremium or discount Tender/Community Participation Noticeed by the contractor. In case of nonschedule items, this will be governed by class 12 of the contract agreement.

26.Municipal Corporation Gurgaon has right has to negotiate the rates to explore lower rates if required.

27. The water to be used for construction purpose should be tertiary treated and proof of used water i.ethe recipts from the source of water be supplied with the bills.

28. Flyus bricks be used in construction.


SPECIAL CONDITIONS (C)1. Wherever in the description of the item in the bill of the quantities the specification clause No. of

MORT&H is missing, the same shall be carried out strictly in accordance with the MORT&H (RoadWing) and latest revision/ amendment as applicable.

2. The contractor shall clear the site of work simultaneously as the work proceeds failing which thesame shall be got cleared by the Engineer-in-charge at the risk and cost of the contractor.

3. Collection of material at site for the proper execution of work as per specification shall include allleads and lifts. The percentage rates quoted by the contractor shall hold good irrespective of thequarry/ sources form which materials are brought so long it conform to the specification. Clause/change of any quarry/ source shall not entitle the contractor to claim any revision in rates.

4. The contractor shall store all materials in proper manner so as to avoid contamination, deteriorationand any accidents. He shall not store or keep any materials are to be stored shall be subject to theapproval of the Engineer-in-charge. At the places where the materials are stored by the contractor hewill make his own arrangements to clear the place within such time as may be instructed by theEngineer-in-charge or the same shall be got clear by the Engineer-in-charge at the risk and cost ofthe contractor.

5. No compensation for any damage caused to the work/ materials by him, folds or other naturalcalamities shall be pad to the contactor. The contractor shall make good all such damages at his owncost as per directions of the Engineer-in-charge.

6. The contractor shall obtain prior approval of the Engineer-in-charge before installation of water andpower system, electrical and mechanical equipment and plants and all temporary construction etc. atsite of work. On completion of work, the contractor be made good the ground at his own cost as perdirections of the Engineer-in-charge, failing which the same shall he made good by the Engineer-in-charge at the risk and cost of the contractor.

7. The contractor shall made his own arrangement for obtaining electrical connection, if required andmake necessary payment directly to the department concerned.

8. The contractor shall not occupy or obstruct by his operation more than ½ of the width of any road orstreet. However, in special conditions, the contractor shall obtained the consent of the Engineer-in-


- 51 -charge in writing before closing any road for vehicular traffic and foot path shall be dept clear at alltimes. The contractor shall make all the precaution to avoid any accidents and for proper guidance ofthe traffic by providing necessary barriers, reflective cautionary sign/ signal, speed limit boards, redand green flags, electric light focus type at night, with sufficient number of chowkidars and othermeasures while work is in progress or blocking the road wherever otherwise necessary. The materialand the machinery shall be stocked/ placed at the site of work in such a way that there will be noobstruction to traffic and inconvenience to public. No claim shall be entertained on account of suchfaulty arrangement made by the contractor. The contractor shall be fully responsible for all accidentscaused by the negligence of sung precaution. In case the contractor fails to comply with the aforesaidarrangements the same shall be made by the Engineer-in-charge at the risk and cost of thecontractor.

9. If directed by the Engineer-in-charge in writing the work shall be done during night time for whichnothing extra shall be paid to the contractor.

10. The contractor shall make arrangement at his own cost for at least two numbers of modern levelinginstruments (wild type) for the purpose of carrying leveling operation failing which the same shall bearranged by the Engineer-in-charge at his risk and cost.

11.No work should be done in the absence of the contractor on his authorized representatives. Atechnician and surveyor will be provided/ made available for all working time by the contractor forcarrying out quality control tests and surveying. Nothing extra will be paid on this account.

12.Nothing will be paid unforeseen delays on account of non-availability of any kind of material ordrawing and design.

13. The contractor will be responsible for setting cut the work estabilisng benchmark, center line etc andwill carry out all such works at his own cost.

14.Before start of the work, the contractor shall submit the program of execution of work, get itapproved from Engineer-in-charge and strictly adhere to the same for timely completion of theproject.

15. The contractor shall have to make approached to the site, if so required and keep them in goodcondition for transportation of labour and materials a well as inspection of work by Engineer-in-charge. Nothing extra shall be paid on this account.

16. The contractor shall bear all incidental charges for cartage, storage and safe custody of materialsissued to him by the department if any or his own material.

17. The rate quoted by the agency/ contractor shall including the entire cost of royalty, Municipal tax,direct or indirect including all loading, unloading, carriage on Kacha/ Pacca bed or road and stackingincluding all labour for supply of material at the destination and nothing extra shall be paid. Thecontractor shall quote his accordingly.

18. The contractor will arrange and use its own all type of machinery and T&P incidental to all operationfor the work. The rates to be quoted should be inclusive of the same.

19. The stacking will be done at hot mix plant site for various type of material in the sequence asapproved by the Engineer-in-charge, which will have to be maintained.

20. The contractor shall remove all bituminous on kerbs and channels and all heaps of wasted mix fromgully grating, bell mount and other installation at the end of the day work, failing which the sameshall be done at his risk and cost.

21. In case of important roads where the intensity of traffic is high, the contractor shall be constructedby the Engineer-in-charge, restrict the work to non peak period as determined by the Engineer-in-charge. No claim/ compensation on account of the same shall be entertained.

22.Collection of material should be so planned that it is commensurate with physical progress.

23. The quality control for road work and materials will be exercised as per section 900 of MORT&Hspecification latest revision/ amendment and for determining the quality of bitumen used byextraction method as per procedure laid for doing such tests by IRC, the frequency of sampling willbe:-

a) MSS/ Pre Mix Carpet/ LBM & BC: One test per 50 meter cube and not less than two tests per day.


- 52 -b) BM: One test per 100 meter cube and not less than two tests per day.

24.At the time of start of work, the contractor shall get a sample work done in presence of Engineer-in-charge who shall fix up the degree of compaction/ consolidation required for a particular item of workand conduct suitable tests at regular intervals to determine for the work done approaches the desiredlimit. In case tests reveal any deficiency, the contractor shall made good the same without extrapayment or work will be rejected if not according to required specification.

25. The contractor shall progress on different parts simultaneously to ensure completion of the road sothat minimum breakage and repairs are involved.

26. To arrive at the desired grading of materials for BM, the exact quantities of material of differentgauges shall be determined and stacked on the basis of laboratory tests from time to time. The extrapayment on this account worked not be admissible.

27. To ensure quality of intermediate traction test check may be carried out and sample taken frommaterials. In case that is not found according to specification the work may be rejected. However,the engineer-in-charge if considered it expedient and in the interest of work, he may ask thecontractor to supply the missing fraction up to quantity as determined by him separately, free ofcost.

28.Before Tender/Community Participation Noticeing the Tender/Community ParticipationNoticeed shall inspect the site of work and shall fully acquaint/satisfy himself about the condition withregard to site, nature of soil, availability of materials, suitable location for construction of godownsstores and labor huts, the extent of leads and lifts is involved in the work (over the entire duration ofcontract) including locals conditions, traffic restriction, obstructions and other conditions as requiredfor a satisfactory execution of work. His rate should take into consideration all such factors andcontingencies. No claim what so ever shall be entertained by the department on this account.

29.Weather and seasonal limitation: The work of laying shall not be taken up during rainy or foggyweather or when base course is damp or wet or during dust storm or when atmospheric temperatureis 10 degree C or less at site of work of particular reach.

30. The rate quoted should include hire charges of land or purchase of land for installation of Ht Mix Plantetc.

31.Only actual quantities of work completed and accepted by the Engineer-in-charge shall be paid for ifany damage in done by the contractor to any existing work during the course of execution of workthis shall have to be made good by him at his own cost.

32.Samples will also be got tested from CRRI/ Shree Ram Test House/ IIT`s or any other reputed testhouse & testing laboratory. Samples will be given by the agency free of cost and testing charges willbe borne by the contractual agency.

33.Before start of the work contractor will get his machinery inspected and approved from the Engineer-in-charge of the work.


MAINTENANCE OF ROAD (D)a) The contractor will maintain the roads for period of one year from date of completion of roads.

Maintenance will include repair of any potholes or depression or damage, which will be done bycontractor at his own cost. The contractor will be bound to repair road cuts also for which he will bepaid for and the contractor will be bound to repair the road cuts if any during mtc. Period. Thecontractor will be paid for cuts @425/- per sqm and bitumen will be issued free of cost to contractor.The contractor will be bound to repair the road cut within 2 days from its occurrence. The road cutswill be repaired by filling Yamuna sand in trenches, with three layers metal having compacted 9”thickness and75 mm thick LBM,25mm thick premix carpet with seal coat type ‘B’ proper compactionwith suitable capacity of roller to entire satisfaction of the engineer-in –charge the bitumen issued forrestoration of road cuts shall be 6.75 kg/sqm.


- 53 -b) If the contractor /agency fail to repair the road cut with in two days of its occurrence then penalty

amounting to Rs.500/-per cut per day will be levied on contractor.

c) The contractor/agency will be have to arrange the related materiel and required machinery for therepair of potholes and depression during the mtc. period at his own cost. Nothing extra will be paidon his account.

d) Security amount deducted under clause-1 of agreement will be 5% of gross amount of work. Thissecurity amount will be refunded after successful completion of the mtc. period of one year.


QUALITY CONTROL (E)1. a) Identify defects: The engineers-in-charge or his representative shall check the contractor’s

any work and notify the contractor any defects that are found. Such checking shall not relievethe contractor/ contractor’s responsibility/ responsibilities. The engineer-in-charge mayinstruct the contractor to search for defect and to uncover any work that the engineer-in-charge or his authorized representative considers may have a defect.

b) Correction of defects: The Engineers-in-charge shall give notice to the contractor ofany defects before the end of defects liability period/ maintenance period which will be oneyear after completion. The defect liability period/ maintenance shall be extended as long asdefects remain to be corrected. Every time notice of a defect is given, the contractor shallcorrect the notified defect within the limit of time specified by the Engineer-in-Charge’s notice.If the contractor has not corrected a defect within the time specified in Engineer-in-charge’snotice, the Engineer-in-charge will assess the cost of having the defect corrected and thecontractor will pay the amount.

c) The contractor shall have to provide a field laboratory fully equipped at work site andat hot mix plant for conducting all the relevant tests mentioned in the MORTH&H specificationsubject to the approval of the Engineer-in-charge or his representative. The record of suchtests is to be maintained in proper register duly signed by the contractor or his representative,which will become the property of Deptt. The contractor will bear all the running expenses forconducting such tests. All the tests will be carried in the presence of Engineer-in-charge or hisauthorized representative. All the entries are to be signed by the contractor and suchauthorized representative of Engineer-in-charge.

2. The quality control tests will be got done by department and the material for such tests will besupplied by the contractor free of cost. In case the material is not found upto the requirement,the same will be rejected. Cost of such tests will also be biome by contractual agency.

3. Various quality control operation will be maintained as per clause No. 901, 902, 903 of MORT&H(Road wing) specification (IVth revision) of 2001/ latest edition.

4. Contractor shall provide suitable measuring arrangement and leveling instruments of latestquality approved by Engineer-in-charge at the site of work.

5. No extra payment on account of quality control measures shall be paid to the contractor.6. The Engineer-in-charge at his discretion can get any type and nos. of tests carried out from any

other approved laboratory for his satisfaction for which all the expenses incurred would be biomeby the contractual agency. The results so obtained from the laboratory would be acceptable/binding to the agency.

7. The riding quality of each and every reach will be strictly as per specifications.8. Work will be also be opened to third party inspection also.



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- 55 -