MUNICIPAL CORPORATION GURGAON - mcg.etenders.inmcg.etenders.in/tnduploads/mcg/pressnotices/PRSN20.pdf · 07-09-2012 13:00 Hrs. 2- ... Circle I/ II Municipal Corporation Gurgaon. 5

____________ ______________ ____________________CONTRACTOR WITNESS EXECUTIVE ENGINEER

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MUNICIPAL CORPORATION GURGAONCORRIGENDUM

Memo No. EE-II/MCG/2012/13752-76 Dated: 28-9-2012

The tenders for the below mentioned work were called vide this office memo no. EE-II/MCG/2012/10652-77 dated 27-08-2012 to be received and opened on Dated 28-09-2012 &postponed vide this office corrigendum No. 13577-97 dated 24-9-2012 to be received and openedon 10-10-2012 from 9:00 AM to 05:00 PM., is hereby again rescheduled due to revision of NITand conditions as below.

10. Development of existing 4 lane to 6 lane divided carriageway of Rajeev Chowk to Sadar BazarGurgaon.

11. Widening of Road from Junction of Sector- 4-7 Chowk to Railway Station, Gurgaon.Sr.No.

E-tendertender no.

Estt. Cost Rs. InLacs

Earnest Money inlacs

Cost of tender in Rs.

10 825 732.39 14.65 25000.0011 826 945.09 18.90 25000.00And all other terms and condition will remain the same original Tender Notice.

Sr.No.

MCG Stage Contractor Stage Start Date andTime

Expiry Date andTime

1 Release of Tenderdocument

06-09-2012 09:00Hrs.

07-09-2012 13:00Hrs.

2-

Downloading of TenderDocuments along with

Tender fees

07-09-2012 13:01Hrs.

04-10-2012 17:00Hrs.

3-

Online Bid Preparation& Hash Submission

07-09-2012 13:01Hrs.

04-10-2012 17:00Hrs.

4 Technical & FinancialLock

-05-10-2012 09:00Hrs.

05-10-2012 17:00Hrs.

5-

Re-Encryption of OnlineBids

05-10-2012 17:01Hrs.

07-10-2012 17:00Hrs.

6-

Manual Submission ofEMD & Additional

Documents

05-10-2012 17:01Hrs.

08-10-2012 12:00Hrs.

7 Open EMD &Technical/PQ Bid

-08-10-2012 12:01Hrs

08-10-2012 17:00Hrs.

8 Eligibility criteriaevaluation

-09-10-2012 09:00Hrs

09-10-2012 17:00Hrs.

9 Open Financial/Price-Bid-

10-10-2012 09:00Hrs

10-10-2012 17:00Hrs.

Executive Engineer-IIFor Commissioner

Municipal CorporationGurgaon


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Endst No. EE-II/MCG/2012/13752-76 Dated: 28-9-20121. Commissioner, Municipal Corporation Gurgaon.2. Deputy Commissioner, Gurgaon.3. Chief Engineer, Municipal Corporation Gurgaon.4. Superintending Engineer, Circle I/ II Municipal Corporation Gurgaon.5. Superintending Engineer, P.W.D. (B&R) Circle, Gurgaon.6. Superintending Engineer, Public Health Engineering Circle, Gurgaon.7. Superintending Engineer, Circle No. 1 & 2, HUDA, Gurgaon.8. Chief Account Officer, Municipal Corporation Gurgaon.9. Executive Engineer I/ III/ IV/ V, VI, VII Municipal Corporation Gurgaon.10. Executive Engineer, Marketing Board, Gurgaon.11. Executive Engineer, Public Health Engineering Division, Gurgaon.12. Executive Engineer, PWD B&R Prov. Division No. 1, 2 Gurgaon13. Assistant Register, Cooperative Societies, Gurgaon.14. Manager, Gurgaon Distt. Co-op. L/C Federation Ltd. 209/3 Gopal Nagar, Gurgaon.15. Notice Board, Municipal Corporation Gurgaon.16.CFC, Municipal Corporation Gurgaon for publication on net.17. M/s Nextenders Pvt. Ltd., Gurgaon.18. Various Contractors.

Executive Engineer-IIFor Commissioner

Municipal CorporationGurgaon


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Municipal Corporation GurgaonWeb Site: - www.mcg.gov.in

SHORT TERM NOTICE INVITING TENDER/COMMUNITY PATICIPATION NOTICENo. EE-II/MCG/2012/10652-77 Dated: 27-08-2012

On behalf of Commissioner, Municipal Corporation Gurgaon, Online bids are hereby invited /re invited onprescribed forms from registered contractors with Municipal Corporation Gurgaon & other State Govt./ Semi Govt.Corporations/ Boards of State of Haryana for similar nature for the following works:Name of Work:

1. ProvidingRCC Strom water Drainage from Old Shiv Mandir Mohd.Pur Jharsa to Turuck Union Mohd. Pur Jharsa,Construction of RCC Box Type drain of size 0.75x0.90 mtr. & all other works contingent there to.

2. Providing Road Street Light Fitting on existing Pole/wall in Gadoli Khurd Village Gurgaon.3. Repair & Construction of Road damage during laying of sewer line using 50mm BM, 40MM BC from village Sukhrali

Sector-17 & all other works contingent there to.4. Providing Road Street Light Fitting on existing pole/wall in Mohd. Pur Jharsa village Gurgaon.5. Providing Strom water Drainage System in streets near Batra Hospital Shivaji Nagar, ward No. 19, Gurgaon

“Construction of RCC Box Type drain of size 0.75x0.90 mtr.”6. Replacement of 600 mm i/d sewer line on Khandsa Road, Gurgaon. “Laying of RCC NP-3 sewer of size 600mm i/d,

Construction of Man Hole & all other works contingent there to.7. Providing Strom Water Drainage in streets near Kathuria Hospital & Krishan Mandir in 4-8 Marla, Model Town and in

streets near Tikona Park, Raju Sweets & Near Khandsa road in Laxmi Garden, “Construction of RCC Box type drain ofsize 0.75 x 0.90 mtr.

8. Providing & Laying of S.W. pipe sewer of size 200, 250, 300 & 350mm i/d and RCC NP-3 pipe of 500 & 400 mm i/d andConstriction of manhole & all other works contingent there to in Gali No. 2, 3 & Shani Mandir wali Gali and theadjoining streets of Laxman Vihar, Ward No. 10, Gurgaon.

9. Providing Internal Sewerage System in the various streets of Laxman Vihar Phase-I, Gurgaon, “Laying of S.W. pipesewer of size 200, 250, 300, 350mm i/d and RCC NP-3 pipe 400mm i/d, Construction of Man Hole, and all other workscontingent there to’ (Re-invited).

10. Strengthening / widening of Road from Rajiv Gandhi Chowk to Sadar Bazar, Gurgaon.11. Improvement and Up Gradation of Road From Sector- 4 – 7 Chowk to Railway Station, Gurgaon.


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Endst. No. EE-II/MCG/2012/10652-77 Dated: 27-08-2012

1. Commissioner, Municipal Corporation Gurgaon.2. Deputy Commissioner, Gurgaon.3. Chief Engineer, Municipal Corporation Gurgaon.4. Superintending Engineer, Municipal Corporation Gurgaon.5. Superintending Engineer, P.W.D. (B&R) Circle, Gurgaon.6. Superintending Engineer, Public Health Engineering Circle, Gurgaon.7. Superintending Engineer, Circle No. 1 & 2, HUDA, Gurgaon.8. GM, BSNL Gurgaon for taking necessary steps during execution of works.9. Chief Account Officer, Municipal Corporation Gurgaon.10. Executive Engineer I/ III/ IV/ V/VI, Municipal Corporation Gurgaon.11. Executive Engineer, Marketing Board, Gurgaon.12. Executive Engineer, Public Health Engineering Division, Gurgaon.13. Executive Engineer, PWD B&R Prov. Division No. 1 & 2, Gurgaon.14. Assistant Engineer- 3, 4, 8, Hort., Municipal Corporation Gurgaon.15. Assistant Register, Cooperative Societies, Gurgaon.16. Manager, Gurgaon Distt. Co-op. L/C Federation Ltd. 209/3 Gopal Nagar, Gurgaon.17. Notice Board, Municipal Corporation Gurgaon.18. CFC, Municipal Corporation Gurgaon for publication19. Various Contractors.

Executive Engineer-II

Sr.No.of

work

Estt. CostRs. in Lacs

EarnestMoneyin Rs.

TimeLimit

in Months

TenderDocument

Feein Rs.

During date & Time

Downloading of TenderDocument alongwith Tender fees

Online Bid preparation and hashsubmission

1. 80.77 162000/- Six 1000/- 16-09-2012 Up to 17.00 PM 16-09-2012 Up to 17.00 PM2. 28.00 56100/- Four 1000/- --do-- --do--3. 14.45 29000/- One 1000/- --do-- --do--4. 29.62 60000/- Four 1000/- --do-- --do--5. 31.11 62500/- Four 1000/- --do-- --do--6. 36.30 72600/- Six 1000/- --do-- --do--7. 83.77 168000/- Nine 1000/- --do-- --do--8. 89.39 179000/- Ten 1000/- --do-- --do--9. 56.90 114000/- Six 1000/- --do-- --do--10. 840.00 1689000/- Twelev 25000/- 23-09-2012 Up to 17.00 PM 23-09-2012 Up to 17.00 PM11. 967.00 1934000/- Twelve 25000/- --do-- --do--

1. The Pre Bid Meeting for Sr No. 10 & 11 will be held on 14-09-2012 at 3.00 PM.2. Sr. No. 1 to 9 Tender will be opened on dated 21-9-2012 & Sr. No. 10 & 11 will be opened on dated 28-9-2012 from

09:00AM to 17:00 PM3. The detail tender notice can be seen on website: http://mcg.gov.in4. Possession of Digital Signature Certificate (DSC) and registration of the contractors on the portal i.e.

http://mcg.etenders.in is a prerequisite for e-tendering. Kindly contact o/o Nextenders (India) Pvt. Ltd., O/O ExecutiveEngineer, MCG, Sector 39, Gurgaon. Contact persons : Sh. Sanjay Kumar – 8743042801.

5. For any other queries, please contact Executive Engineer, Div. No. 2, Municipal Corporation Gurgaon Tel.(O) 0124-2380492Tel (M) 9717932333 Address:- Near HUDA Community Centre, Sector 39, Gurgaon.For further details and e-tendering schedule, visit website http://mcg.etenders.in

For & on behalf of Commissioner MCG

Executive EngineerDivision No. 2,Municipal Coporation,Gurgaon


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MUNICIPAL CORPORATIONGURGAON

DIVISION Executive Engineer I

Notice Inviting Single Percentage Rate Tender

1. Tenders are hereby invited from the contractors on the approved list of theMUNICIPAL_CORPORATION_GURGAON for the work Widening of Road from Junction of Sector- 4-7 Chowkto Railway Station, Gurgaon of (details of the estimates of which are given in the enclosed schedule).

Estimated cost Rs. 9,45,08,873/-Earnest Money Rs. 18,90,000/-Time Limit 12 months

2. Tender will be received by the “Tender Receiving Committee”/Executive Engineer, MUNICIPALCORPORATION GURGAON, Division Executive Engineer II at 15:00 hours on________and will be opened byit at the same time in the presence of tenders or their agents who may like to be present. Tenders mustbe delivered in person by the intending contractor or his agent to the “Tender ReceivingCommittee/Executive Engineer MUNICIPAL CORPORATION , GURGAON. Division Executive Engineer II

3. Earnest money amounting to Rs. 18,90,000/-in the shape of “Deposits at call” duly pledged in favourof Commissioner MUNICIPAL CORPORATION, GURGAON payable at any Scheduled Bank at GURGAON mustaccompany each tender.

3 (a) SEALED COVER

The tender shall be preferably in a cover which may be sealed by the contractor, if he

chooses to do so. The contractor shall be responsible for all consequences, if his tender is not sealed.

4. Tenders are to be on the prescribed form which can be downloaded from the E-tendering websiteand applicant will be required to pay Rs. 25000/- for prescribed fee for each tender form(non-refundable.

5. Further information can be obtained and a schedule of quantities, the detailed plans andspecifications can be seen in the office of Executive Engineer during the office hours.

6. Tender should be made at single percentage above or below the ceiling rates in the details ofestimates in the enclosed schedule and NS rates shall be quoted separately on e-tendering website and thecontractor should state the period within which he agrees to carry out the work.

7. Tenderers are advised to visit the site sufficiently in advance of the date fixed for submission of thetender. A tender shall be deemed to have full knowledge of all relevant document samples, site whether heinsects them nor to.


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8. Submission of a tender by a tenderer implies that he has read this notice and all other contractdocuments and has made himself award 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 COR-PORATION,GURGAON and local conditions and other factors bearing on the execution of the work.

9. Each tenderer shall give proof to the entire satisfaction of the Executive Engineer concernedthat he has in his possession, Haryana P.W.D. specifications, latest addition failing which his tender shall beliable to be rejected.

10. The_Executive_Engineer,_MUNICIPAL_CORPORATION, GURGAON Division II reserves to himself theright of issuing the material to the contractors as per list enclosed for use on works at places and ratesnoted against each plus 3% storage charges. The materials are to be issued from stock. The contractorshall be held responsible for obtaining from MUNICI-PAL CORPORATION, GURGAON all such materialsrequired for work and for making payment there of by deduction from his bills at the rates specified.

11. The tenderer shall initial all corrections/ cuttings in his tender as regards to single percentage, timeetc. Non-compliance with this condition will render the tender liable to be rejected.

12. The contractor whose tender is accepted will be required to execute a contract deed on theprescribed form and will required to furnish 5% security for the due fulfillment of his contract oralternatively at the description of the Engineer-in-charge it will be deducted from the running payments tobe made on account of work done.( the earnest money will be treated as part of security).

13. The approval of the acceptance of tender will rest with the MUNICIPAL CORPORATION, GURGAONwho does not bind himself to accept to the lowest tender and reserves to himself the authority to rejectany or all of the tenders received without assignment of any reason.

14. If any tenderer modifies or withdraws his tender subsequently to his submission to the ExecutiveEngineer, MUNICIPAL CORPORATION, GURGAON, while on one hand he is liable to be blacklisted, on theother hand his earnest money shall be without prejudice to other rights and other remedies available to theExecutive Engineer. The rate of the contractor submits a tender limiting the period of validity to a dateearlier then he shall also be liable to be blacklisted and his earnest money shall stand forfeited withoutprejudice to other rights and remedies available to the Executive Engineer.

15. No conditional tender should be given, only premium or rebate should be quoted. A condi-tionaltender is, liable to be rejected outright at the discretion of the accepting authority. In the alternative theaccepting authority may treat the conditions as null and void and make a counter offer to the tenderer todo the work at the premium and rebate quoted by him without the condi-tions.If the tenderer refuses toaccept the said counter offer to do the work at the premium or rebate quoted by without the conditionswithin one week of the counter offer having been made by the accepting authority, his earnest money shallstand forfeited and the tenderer shall have no claim to the same whatsoever.

16. The contractor (s) shall sign all pages of the tender form. The signature of the contractors will bewitnessed by the persons known to the Executive Engineer, MUNICIPAL CORPORA-TION, GURGAONor by any Notary Public. If the tender documents are not signed in the manner, specified the tenders maybe treated as invalid and rejected.

17. Tender which is not accompanied with the earnest money / not accompanied with full amount ofearnest money depicted in the NIT shall not be considered / opened.

18. Tender which is not accompanied with prescribed tender form will not be considered.


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19. Rates should be quoted in Hindi or English, otherwise he tender can be rejected.

20. The successful tenderer shall have to sign an affidavit to the effect that the he has no relation orconnection with firm/contractor blacklisted by MUNICIPAL CORPORATION, GURGAON/ HaryanaGovt./Govt. of India, from time to time. The form of affidavit is annexed at page no 32 ofDNIT.

21. The earnest money deposited for the tender will not be returned to the contractors/firms till theacceptance of tender of three months, whichever is earlier.

22. In case any contractor who deposits the earnest money for the tender documents and then doesnot submit his tender, the earnest money in that case will be returned only after the acceptance to tendersof three months, whichever is later.

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

24. If the tenderer is an individual name, he shall sign the tender documents above his full typewrittenname with seal current address.

25. If the tenderer is a proprietary firm, the tender documents shall be signed by the proprietor asabove his full name/ name of his firm with seal with its current address.

26. If the tenderer is a firm in partnership, the tenderer documents shall be signed by all the partners ofthe firm above their full names and current addresses or alternatively by a person holding power ofattorney for the firm. In the letter case a certified copy of the power of attorney should accompany thetender document. In both cases a certified copy of the partnership deed and current address of all thepartners of the firm with its seal should accompany the tender documents.

27. If the tenderer is a Limited Company or a corporation, the tender documents shall be signed by aperson duly authorized by the Company/ Corporation.

28. The successful agencies will get itself enlisted with MUNICIPAL CORPORATION, GURGAONwithin two months of award of the work if not enlisted/registered with MUNICIPAL CORPORATION,GURGAON.


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Total_estimate_cost_Rs. 9,45,08,873/-

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Item No. Sub Head of Estimates Rate Unit

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

As per NIT at Page 34 to 41

________________________________________________________________________________

Divisional Accountant Dy. Supdt. , Executive Engineer,

Div. No. Div._________ MUNICIPAL CORPORATION, GURGAON

__________________________________________________________________


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FORM F-1

MUNICIPAL CORPORATION OF GURGAON

Division No._________________

SINGLE PERCENTAGE RATE TENDER


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Name of contractor Sh./M/s_____________________

____________________________________________

____________________________________________

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

TENDER_FEE_RS. 25000/- DEPOSITED_VIDE_RECEIPT_NO.______________________

DATED____________________

Signature

Dy.Suptt.

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 a boardhung up in the office duly signed by the executive engineer MUNICIPAL CORPO- RATION, GURGAON referredto as Engineer-in-Charge. The detailed form of NOTICE INVITING TENDER can be seen in the office ofExecutive Engineer on any working day during working hours. This will state the work to be carried out aswell as the date for submitting, opening of tenders and the time allowed for carrying out the work and theamount of security to be- deposited by the successful renderer, copies of specification, design anddrawings Con- tract Schedule of rates and also a ‘Schedule of Ceiling Premium by which the rates forvarious items the Contract Schedule of rates, shall be increased or decreased , so as to be called the“Ceiling Rates”, Further any other documents required in connection with the works for purpose ofidentification by the Executive Engineer shall also be opened for inspection by the contractor in the office ofthe Executive Engineer during office hours.

2. In event of the tender being submitted by a firm, it must be signed separately by each memberthereof, or, in the event of absence of any partner, it must be signed on his behalf, by a person holdingpower of attorney authorizing him to do so. Any contractor who submits tender may sign an affidavit to theeffect that he has no connection or relationship with the firm/contractor blacklisted by HaryanaGovernment/Government of India from time to time. The form of affidavit can be seen in the office of the”Executive Engineer”.

3. Any person who submits the tender shall fill up the usual printed form stating percentage rateabove or below the “Ceiling Rates “ as defined in Rule 1 at which he is willing to undertake the work. Only asingle rate of percentage above/below on all items of the contract Schedule shall be mentioned in the spaceprovided in the Tender Form. For the purpose of this single rate please see Explanatory Memo below whichexplains the manner in which the admissible payment shall be worked out after taking into considerationthe sanctioned Ceiling Premium as enumerated in the ‘Schedule of Ceiling Premium’ mentioned in Rule 1and the rate quoted by the Contractor, Any rate entered outside this space may make the tender invalid. Ifa contractor quote 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 him and in the


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event of his not accepting the same, his earnest money shall stand forfeited and the contractor has to claimwhatsoever.No single tender shall include more than one work, but contractor who wishes to tender for two or moreworks, shall submit separate tenders for each work Tenders shall have name and number of the workto which they refer outside the envelop, in which these are sealed.

For the purpose of identification, the contractor shall supply to the Executive Engineer specimensignatures duly attested by a Gazetted Officer known to the Executive Engineer. The specimen signaturemust be supplied well before the date of submission of tenders.

The contractor(s) shall sign on all pages of tender 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 overwritings. The corrections shall be authenticated by the signatures of the authorized per son asdescribed above.

Any tender 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 shall fill up the usual printedform stating the percentage above or below the “Ceiling Rates” as defined in Rule I at which he is willing toundertake the work. Only one single rate of percentage above or below on all Scheduled items of thecontract Schedule & for all purpose shall be mentioned in the space provided in the Tender Form. For thepurpose of this single rate. Explanatory memo, below may be seen. Which explains the manner in whichthe admissible payment shall be worked out after taking into consideration the sanctioned ceiling premiaas enumerated in the ‘schedule of ceiling premia’ mentioned in Rule (I) together with the single ratequoted by the contractor. Any rate entered outside this space may render the render invalid. If a contractorquotes more than one rate in that case only lower or lowest of the rates quoted shall be considered and acounter offer shall be made to him accordingly at the lowest of the rates quoted by him and in the eventof his not accepting the same, the earnest money that accompanied the tender shall forfeited and thecontractor shall have no claim to the same whatsoever.

b) For Non – Schedule Items: A person submitting a tender shall fill up the rates against each item shownon page 6. No premium over the rates quoted by him will be admissible over these NS items.

Form for A single tender shall be used, for one specific work only viz. , the work for which the sameSpecific has been issued by the specific contractor to whom the same has been issued by the ExecuWork: tive Engineer. The tender form preferably be put in the cover and the cover may be sealed by

the contractor. If the cover is not seated by the contractor, Executive Engineer shall not beresponsible for any consequences thereof.

EXPLANATORY MEMO(REFER TO RULE 3 OF GENERAL RULES AND DIRECTIONS)

(FOR THE GUIDANCE OF CONTRACTORS)


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For this purpose the basic rate for a particular item specified in the Contract scheduleof Rates shall be increased by the sanctioned ceiling premium as per the “Schedule of Ceilingpremia”. Which is attached and is part of the form. The total amount shall then be subjectedto the Discount or Premium quoted by the contractor.

For example, the basic rate for an item Rs. 120/- per cum and sanctioned ceiling premium is50% and 300 cum of the items ‘A’ is executed and for example, the rate quoted by contractoris 3% below the ceiling rate.

QUANTITY ITEM UNIT RATE AMOUNT Rs.

300cum A cum as 120/- Rs. 36000/-

Add Ceiling Premium @50% Rs. 18000/-

Gross Total : Rs. 54000/-

Less Contractor’s rebate 3% below ceiling rate Rs. 1620/-

NET PAYBLE Rs. 52380/-

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 theMUNICIPAL CORPORATION, GURGAON store shall be made from the bills.

4. The Tender Receiving Committee or its authorized assistant will open tenders in the presence of anyintending contractors or their authorized agents who may be present at the time, and will enter the rateof all tenders. In the event of a tender being accepted, a receipt for the earnest money forward therewhich shall be given to the contractor. In the event of tender being of rejected, the earnest moneyforwarded with such unaccepted tender shall be returned to the contractor.

5. The Executive Engineer reserve the right to reject all or any of the tender without assigningany reason.


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6. The MUNICIPAL CORPORATION, GURGAON may refuse or suspend payments on accounts of awork. When executed by firm or by contractors described in their tenders as a firm unless receipts aresigned by all the partners, or one of the partners, or some other person produces written Authority enablinghim to give effectual receipt on behalf of the firm.

7. The receipt of an Divisional Accountant or Dy. Supdt for any money paid by the contractor willnot be considered as any acknowledgement of payments to The Executive Engineer and the contractorshall be responsible for seeing that he produces a receipt signed by the Executive Engineer.

8. The memorandum of work tendered for and the memorandum of materials to be supplied bythe MUNICIPAL CORPORATION, GURGAON and their issue rates, shall be filled in & completed in the officeof the Executive Engineer before the tender is issued to an intending tenderer without having been so filledin and completed, he shall request the office to have this done before he completes and deliver his tender.

In I/We hereby tender for the execution, for the MUNICIPAL CORPORATION,GURGAON of the workspecified in the memorandum on Page 9 within the time specified such memorandum

DRAFT

(A) Schedule items

at*

(In Figures) ( In Words)

percent ABOVE/ BELOW the ceiling rates worked out as per the contract schedule of

Rates and the schedule of ceiling Premia read with Rule I and in accordance in all respects


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with specifications drawings & instructions in writing referred to in rule I thereof and in Clause II of theannexed conditions and with such materials as are provided for by the Engineer-in- charge in all otherrespects in all accordance with such conditions so far as applicable.

(B) Non –Schedule items.

Note: Attached separate sheet if required

*Enter the rates both in words and figures only in this space. In the event if variation of rate in words andfigures, tender may be rejected or otherwise the lower value only shall be considered. Also in case of


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N.S, items. If rate of any item is not quoted by the contactor, the same shall be considered as free ofcost.

Rates shall be entered in words and figures (both) only in this space . In the event ofvariation of rates in words and figures tender may be rejected or otherwise the lower value only shall beconsidered.

MEMORANDUM

(a) General Description : Improvement and upgradation of RajeevChowk to Sadar Bazar Road Gurgaon Haryan.

(b) Estimated cost ____________ :_ Rs. 9,45,08,873/-(C)_Earnest money_(@_2%_of_estimated_cost) :_Rs. 18,90,000/-(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 is accepted I/We hereby agree to abide by and fulfill all terms and provisions ofthe said condition of contract annexed hereto so far as applicable, or in default there of forfeit to pay tothe MUNICIPAL COPORATION, GURGAON or its successor in office the sums of money mentioned inthe said conditions.

The sum of Rs. Deposited vide MUNICIPAL CORPORAION, GURGAON ReceiptNo.________________ Dated _____________ as earnest money, the full value of which is to be absolutelyforfeited to the MUNICIPAL CORPORAION, GURGAON to its successor in office without prejudice to anyother rights or remedies to the said Haryana Urban Development Authority or its successor in office,should I/We fall to commence the work specified in the memorandum the said sum of Rs

Shall be retained by the MUNICIPAL CORPORAION, GURGAON on account of the securitydeposit specified clause I of the said conditions of contract. Should I/We withdraw or modify the tenderwith three calendar months from date of opening of tender, my/our earnest money will stand forfeited tothe side of MUNICIPAL CORPORAION, GURGAON.

Witness

Signature of the contractor


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AddressDate __________________

The above tender is hereby accepted by me on behalf of MUNICIPAL CORPORAION,GURGAON.

Dated the _______________ Day of_______________ 2012

Executive Engineer

Muncipal Corporation GurgaonDivision _II__________________

CONDITIONS OF CONTRACT

Clause –I Security deposit. This will be the same percentage as that tender at(d)

of Pre- page:

The person/persons whose tender may be accepted (hereinafter called con-

tractor)shall deposit 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 by way of security deposit, in case of a default, the earnest money alreadylying with Executive Engineer shall stand absolutely forfeited to the MUNICIPAL CORPORATION,GURGAON of his Successor in office and the contract. shall stand terminated or in the alternative at


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the discretion of the Engineer-in-charge, the contractor may be required to permit MUNICIPALCORPORATION, GURGAON at the time of making any payment to him for the work done under the contractto deduct such sum as bill (with the earnest money deposited by him) amount of 5% of all moneypayable. Such deductions to be held by him MUNICIPAL CORPORATION, GURGAON by way of securitydeposit. All compensation or other sums of money payable by the contractor to MUNICIPALCORPORATION, GURGAON under the terms of this contract may be deducted from his security depositor from any sums which may be due or become due to the contractor by MUNICIPAL CORPORA-TION, GURGAON on any account whatsoever, and in the event of his security deposit being reduced byreasons of any such deductions the contractor shall within 10 days thereafter make good in cash asaforesaid any sum or sums may have been deducted from his security deposit or any part thereof.

Clause -2 Compensation of delay : The time allowed for carrying out the work as entered in the tendershall be strictly observed by the contractor and shall be reckoned from the date on which the order tocommence work is given to the contractor. The work shall through out the stipulated period of the contractbe proceeded with all due diligence(time being deemed to be the essence of the contract on part of thecontractor)and the contractor shall pay as compensation an amount of the equal to one percentwhich the Executive Engineer –in-charge may levy on the amount of the estimated cost of the whole workas shown by the tender for everyday that the work remains uncommented or unfinished, after theproper dates and further to ensure good progress during the execution, the contractor shall be boundin all cases in which time allowed for any work exceeds one month, to complete one fourth of thewhole of the work borane-fourth of the whole time allowed under the contract has elapsed, one-half ofthe work before one half of such time has elapsed and three fourth of the work before three-fourth ofsuch time has elapsed in the event of the contractor failing to comply with this condition, he shall be liableto pay compensation an amount equal to one percent which the Engineer – in- charge may levy on thesaid estimated cost of the whole work for everyday that the due quantity of work remains incompleteprovide always that the entire amount of compensation to be paid under theprovision of this clause shall not exceed ten percent of the estimated cost of work as shown in thetender. The Superintending Engineer MUNICIPAL CORPORATION, GURGAON may on representation fromthe contractor reduce the amount of compensation and his decision in writing shall be final.

Clause -3 Action when whole of security deposit is forfeited : In case in which under anyclause or clause 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 shallhave power to accept any of the following courses, as he may deem best suited to the interest ofMUNICIPAL CORPORATION, GURGAON.

(a) To resign the contract of which recession notice in writing to the contractor under the hand ofExecutive Engineer shall be conclusive evidence and in which case the security deposit of the contractor shallstand forfeited and be absolutely at the deposit of the MUNICIPAL CORPORATION, GURGAON.

(b) To employ labour paid by the MUNICIPAL CORPORATION, GURGAON to supply material to carry outthe work or any part of the work debiting the contractor with cost of the labour and the price of thematerials(of the amount of which cost and the price certificate of the Executive Engineer shall be final andconclusive, against the contractor)and crediting him with the value of the work done, in all respect in samemanner and at the same rates as if it had been carried out by the contractor under the term of his contract.


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The certificate of the Executive Engineer as to the value of work done shall be final and conclusive against thecontractor.

(c) To measure up the work of the contractor and to take such part thereof as shall be unexecuted out ofhis hands and to give to another contractor to complete, in which case any expenses which may be incurred inexcess of the sum which would have been paid to the original contractor of the whole work has beendone executed by him of the amount of which excess to the certificates in writing of Executive Engineershall be final and conclusively shall be borne and paid by the original contractor and may be deductedfrom any money due to him by MUNICIPAL CORPORATION, GURGAON under the contract or otherwise orfrom his security deposit.

In the event of any of the above courses being adopted by the Executive Engineer the contractor shallhave no claim to compensation for any loss sustained by reasons of his having purchased or procuredany material, or entered into any engagement or made any advances on account of or with a view toexecution of the work or the performance of the contractor. And in case the contract shall be rescindedunder the provision aforesaid the contractor shall not be entitled to recover or be paid and sum for anywork thereafter, actually performed under this contract unless and until the Executive Engineer will havecertified in writing the performance of such work and the value payable in respect thereof and shall onlybe entitled to pay the values so certified.

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 exercise thereof shall notconstitute a waiver of any of the conditions hereof and such powers shall not withstanding beexercisable in the event of any future case of default by contractor for which by any clause or clausesthereof he is declared liable. The contractor for past and future compensation shall remain unaffected.

Power to take position or require removal or sell contractors plant: In the event of the ExecutiveEngineer putting in force either of the power(a) or (c) vested in him under the proceeding clause hemay, if he so desires to take possession of all of any tools, plant, materials and stores in or upon thework, or the site thereof belonging to the contractor or procured by him and intended to be used forexecution of the work or any part thereof paying or allowing for the same in account at the contract rate orin case of these not being applicable and current market rates to be certified by the ExecutiveEngineer may be notice in writing to the contractor or his clerk of the works, foreman or otherauthorized agents require him to remove such tools, plant materials or stores fro, the premises within atime to be specified in such notice and the event of the contractor’s failing to comply with any suchrequisitions, the Executive Engineer may remove them at the contractor’s expenses or sell them byauction or private sale, on account of the contract and at his risk in all respect and the certificate ofthe Executive Engineer as to the expenses for any such removal and the amount of the proceeds and ex-pense of any sale shall be final and conclusive against the contractor.Clause-5 Extension of time : if the contractor shall desire an extension of the time for completionof 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 hindrance butbefore the expiry of the contractual period on account of which desires such extension asaforesaid and the competent authority shall ,if in his opinion(which shall be final) reasonable groundbe shown therefore authorize such extension of time, if any, as may, in his opinion 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


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The contractor shall deliver in the office of the Executive Engineer on or before 10th day of everymonth during the continuance of the work covered by his contract a return showing details of anywork claim for as extra, and such return shall also contain the value of such work as claimed by thecontractor, which value shall be based upon the rates and prices in the contract of Schedule of Rates in forcein the district for the time being. The contractor shall include in such monthly return particulars of allclaim of whatever kind, however, arising which at the date thereof he has or may claim to have against theExecutive Engineer or in respect of any manner arising out of execution of work and the contractorshall deemed to have waived all claims not included in such returns and will have no right to enforce anysuch claim not so inclined whatever be the circumstances.

Clause-6 Final Certificate : Without prejudice to the rights of MUNICIPAL CORPORATION, GURGAONunder any clause herein after contain on completion of the work, the contractor shall be furnishedwith the certificate by the Executive Engineer (herein after call the Engineer-in-charge) of such completionbut no such Certificate shall be given nor shall the work be considered to be complete until the contractorshall have removed from premises on which the work shall be executed, all scaffolding,surplus material and rubbish clean of the dirt, all wood- work, walls, floors other part of any buildingin, upon or about which the work is to be executed, or of which he may have had possession for thepurpose of execution thereof, and the measurement in the said Certificates shall be binding and conclusiveagainst the contractor, if the contractor shall fail to comply with the requirement of this clause as toremoval of scaffolding, surplus materials and rubbish and cleaning of dirt on or before the date fixedfor the completion of the work, the Engineer-in-charge may at the expense of the contractor remove suchscaffold- ing, surplus materials and rubbish and dispose of same as he thinks fit and clean of suchdirt as aforesaid, and the contractor shall forthwith pay the amount of all expense so incurred, and shallhave no claim in respect of such scaffolding or surplus material as aforesaid except for any sumactually realized by the sales thereof.

Clause 7 Payments on intermediate certificate to be regarded as advances: No payments shall bemade for works, the estimated cost of less than rupees one thousand till the whole of the work shallhave been completed and certificate of completion is given. But in the case of work estimated to costmore than rupees one thousand the contractor shall on submitting the bill thereof, be entitled to receivea monthly payment proportionate in the part thereof approved in past by Engineer-in-charge, whosecertificate of such approval and passing of the sum so payable shall be final and conclusiveagainst the contractor, but all such intermediate payment shall be regarded as payments by way ofadvance/against the final payments only and not as payment of the work actually done andcompleted and shall not preclude the requiring of bad, unbound and imperfect or unskillful work to beremoved and taken away and reconstructed or re-erected, or be considered as an admission of the dueperformance of the contract or any part thereof in any respect or the securing of any claim, nor shall itconclude, determine or effect in any way the powers of the Engineer-in-charge under these terms andconditions or any of them as to the final settlement and adjustment of ac counts orotherwise or in any other way vary or affect the contract. The final will shall 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 become bindingon both parties. Both the Engineer-in-charge and the Accounts Depart- ment shall become binding on


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both parties. Both the Engineer-in-charge and the Accounts Department shall inform the contractor byregistered 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 deduction referred toin clause 1 herein before or such part-thereof as may of due to the contractor under this contract shallbe payable to contractor after a period of three month has elapsed after the payment of final bill.

Clause-8 Bill to be submitted monthly: A bill shall be submitted by the contractor each month onor before the date fixed by the Engineer-in -charge for all work executed in the previous month, andthe Engineer-in -charge shall take or cause to be taken the requisite mea-surement for the purpose ofhaving the same verified and the claim, as far as admissible, adjusted if possible, before the expiry often days from the presentation of bill. If the contractor does not submit the bill in the time fixed asaforesaid, the Engineer-in-charge may depute a sub ordinate to measure up the said work in thepresence of the contractor, whose counter signature to the measurement list will be sufficient warrant,and the Engineer-in -charge may prepare a bill from such list which shall be binding on the contractor in allrespect.

Clause-9 Bill to be on printed format: The contractor shall submit all bills in triplicate on printedforms to be had on application form the office of the Engineer-in -charge & the change in the bill shallalways be entered at the rate specified in the tender or in the case of any extra works ordered inpursuance of those conditions, & not mentioned or provide for in the tender at the rates here in afterprovided for such work.

Clause-10 Store supplied: If the specification in the estimate of the work provides for the use of anyspecial description of material to be supplied form Engineer-in –charge’s store or if it is required that thecontractor shall use certain store to be provided by the Engineer-in –charge (such materials &stores). the price to be charged, therefore, hereinafter mentioned being so far as practicable for theconvenience for the contractor but not so as in any way to control the meaning or effect of this contractspecified in schedule or memorandum hereto annexed, the contractor shall be supplied with such materialand stores required from time to be used by him for the purpose of the contract only, and valuematerials and stores required from time to be used by him for the purpose of the contract only, and value ofthe full quantity if materials and stores so supplied at the rate specified in the said schedule ormemorandum may be set off or deducted from any sums then due ,or from the security deposit. Allmaterial supplied to the contractor shall remain the property of the MUNICIPAL CORPORAION, GURGAONand shall be kept in safe custody of contractor but shall not on any account be removed from thesite of the work without the written permission of the Engineer-in -charge & shall at the time be opento inspection by him. Any such material unused and in perfect good condition at the time of the completionof the contract, shall so required to the Engineer-in -charge ‘s store if by a notice in writing under his handhe shall so required, but the contractor shall not be entitled to return any such material without suchconsent and shall have no claim for compensation on account of any such material so supplied to him asaforesaid being unused by him or for any wastage in or damage to any such materials.

Clause- 11 Works to be executed in accordance with specifications drawings orders etc: Thecontractor shall execute the whole and every part of the work in the most substantial and workman like


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manner, and both as regard materials and otherwise in every respect in strict accordance with HaryanaP.W.D. specifications1990 edition specifications or otherwise as may be specifically provided for thecontractor shall also confirm exactly, fully and faithfully to the designs and instructions in writingrelating to the work signed by the Engineer-in-charge and lodged in the office, and to which thecontractor shall be entitled to have access at such office, or on the site of the work for the purpose ofinspection during office hours and the contractor shall, if he so required, be entitled at his own expenses tomake or cause to be made copies to be made copies of the specification and all such designs, drawings andinstructions as aforesaid.

Clause- 11 (A) Removal of employee workman and foreman: The Engineer-in chare shall have fullpower at all times to object to the employment of any workman, foreman or other employee on the worksby the contractor and if the contractor shall receive notice in writing from the Engineer- in –chargerequesting the removal of any such man or men from the work, the contractor to comply with the requestforthwith.

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

The contractor shall not be entitled to demand the reasons 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 power tomake any alteration in omissions from additions to or substitutions for the original specification drawings,designs and instructions, that may appear to him to be necessary or advisable during the progress of thework, and the contractor shall be bound to carry out the work in accordance, with any instructionwhich may be given to him in writing signed by the Engineer-in-charge and such alteration, omissions,addition or substitution shall not be invalidate the contract and any altered, additional or substituted workwhich the contractor may be directed to do in the manner above specified as part of the work, shall becarried out by the contractor an the same conditions all respects on which he agreed to do the main workand at same rates as specified in the tender for the main work. The time for the completion ofthe works shall be extended the proportion that the altered, addition or substituted work bears to theoriginal contract work and certificate of the Engineer-in-charge shall be conclusive as to suchproportion. And if this contract, then such of work shall be carried out at the rates entered in theschedules of rates of the district, subject to the same percentage above or below as for the the itemsincluded in the contractor and if such class of work is not entered in the schedule of rates of districts, thenthe contractor shall within seven days of the date of receipt of the order to carry out the work, informthe Engineer-in-charge of the rates which it is his intension to charge for such class of work the Engineer -incharge does not agree to his rate, he shall be notice in writing be at liberty to cancel his order to carryout such class of work and arrange to carry it out in such a manner as he may consider advisableprovided always that the contractor shall commence work or incur any expenditure in regards thereto


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before the rates shall have been determined as lastly herein before mentioned , then and such cases heshall only be entitled to be paid in respect of the work carried out or expenditure incurred by him priorto the date of the determination of the rates as aforesaid according to such rate or rates as shall befixed by the Engineer-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 caned out:…………..If at any time after the commencement of the work the MUNICIPAL CORPORATION, GURGAON shallfor any reason whatsoever not require the whole work thereof as specified in the tender to be carriedout, the Engineer-in-charge shall give notice in writing to the fact to the contractor who shall have no claimto any payment or compensation, whatsoever on account of any profit or advantage, which he mighthave derived from execution of the work in full but which he did not derive in consequence of the fullamount of the work not having been carried out, Neither shall he have any claim for compensation byreason of any alteration having been made in the original specification, drawings, designs and instructionwhich shall involve any curtailment of the work as originally 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 unskillful 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 inferior tothe contractor for ,or otherwise not in accordance with the contract, the contractor shall on demand, inwriting from the Engineer-in-charge specifying the work material or articles complained ofnotwithstanding that the same may have been in evidently passed certified paid for forth with rectify , orremove and reconstruct the work so specified in whole or in part as the case may require or the case maybe, remove the material or article so specified and provide other proper suitable materials or articles athis own proper change and cost and in the event of his failing to do so within a period to be specifiedby the Engineer-in-charge in his demand as for said, then the contractor shall be liable to pay at the rate ofone percent on the amount of the estimate of every day not exceeding 10 days while his failure to do soshall continue and in case of any such failure the Engineer-in-charge may rectify or remove and re-execute the work remove and the place with other material or articles complained or as the case maybe to the risk and expenses in all respects of the contractor.

Clause-15 Work to be open to Inspections, contractor of his responsible agent to be present : Allworks under or in course of execution or executed pursuance of the contract shall at all times beopened to the inspection and supervision of the Engineer-in-charge and his subordinate and the contractorshall at all times, during the usual working hours, and at all other time at which reasonable notice of theintention of the Engineer-in-charge or his subordi-nate to visit the work shall have been given to thecontractor, either himself be present for that pupose orders to be given to the contractor either himself bepresent to receive orders and instruction, or have a reasonable agent duly accredited in writing present forthe purpose orders to be given to the contractor’s agent shall be considered to have the same force as ifthey had been given to the contractor himself.


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Clause-16 Notice to be given before work is covered up : The contractor shall give not less than fivedays 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 same maybe measured and correct dimensions thereof be taken before the same is so covered up or placebeyond the reach of measurement and shall not cover up or place beyond the reach of measurementany work without the consent in writing of the Engineer-in-charge or his subordinate-in-charge of the workand if any work shall be covered up or placed beyond the reach of measurement without such noticehaving been given or consent obtained the same shall be uncovered at the contractor expenses, or indefault thereof no payment or allowance shall be made for such work or the materials with which the samewas executed.

Clause-17 Contractor liable for damage done and for imperfections for 3 months after certified: Ifthe contractor or his work people or his servants shall break, deface injure or destroy any part of abuilding in which they may be working or any building, road, fence, enclosure or grass and cultivatedground contiguous to the premises on which the work or any part of it is being executed, or if any damageshall happen to the work while in progress from any cause whatever or any imperfections become apparentin it within three months after the certificate final or other of its completion shall have been given by theEngineer-in-charge as aforesaid the contractor shall make the same good at his own expense or in default theEngineer-in-charge may cause the same to be made good by other workmen and deduct the expense (ofwhich the certificate of the Engineer-in-charge shall be final) from any sums that may be then, or at anytime thereafter may become due to the contractor or form his security deposit.

Clause-18 Contractor to supply plant ladders, scaffoldings etc:

And be liable for damage arising non provision of lights and fencing etc.

The contractor shall supply at his own cost of material except such special materials if anymay in accordance with the contract be supplied from the Engineer-in-charge’s store, plants toolsappliances, implements, ladders, cordage, take scaffolding ant temporary works requisite or properexecution of the work, whether original, altered or substituted, and included in the specifications 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 as toany matter as to which under those condition he is entitled to be satisfied or which he is entitled torequire together with carriage therefore to and from the work. The contractor shall also supply withoutcharge the requisite numbers of persons with the means any material necessary for the purposeof setting out works and counting, weighing and assisting in this measurement or be provided by theEngineer-in-charge at the expense of the contractor and the expense may deduct from any money dueto the contractor under the contract, or from his security deposit or the proceeds of sale thereof, or ofsufficient portion thereof. The contractor shall also provide all necessary fencing and lights required toprotect the public from accident and shall also be bound to bear the expenses defense or every suit,action or other proceedings at law that may be brought by any person for injury sustained owing toneglect of the above precautions, and to pay any damages and cost which may be awarded in suchsuit, action or proceedings to any such persons or which may the consent of the contractor be paidto compromise any claim by any such person.


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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.

Clause19B The contractor shall pay his labourer not less than the wages determined under minimum wagesact for the district.

Clause20 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 1 2, subsections(1) of the Workmen’s Compensation Act. 1923, MUNICIPAL CORPORATION, GURGAON is obliged to paycompensation to workmen employed by the contractor, in executions of the works, MUNICIPALCORPORATION, GURGAON will recover from the contractor the amount of the compensationso paid and without prejudice to the right of MUNICIPAL .

CORPORATION, GURGAON under Section 12 sub section (2) of the act. MUNICIPAL COR- PORATION,GURGAON shall be at liberty to recover such amount or any part thereof be deducted it from thesecurity or from any sum due by MUNICIPAL CORPORATION, GURGAON to the contractor whetherunder this contract or otherwise.

MUNICIPAL CORPORATION, GURGAON shall not be bound to contest any claimmade against it undersection 1 2,subsection (1) of the said act except on the written request of the contractor and upon hisgiving to MUNICIPAL CORPORATION, GURGAON for security for all cost for which MUNICIPALCORPORATION, GURGAON might become liable inconsequence of con- testing such claim.

Clause-21 Work not be sublet Contract may be rescinded and security deposit forfeited: Thecontract shall not be assigned 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 insol- vent orcommence any insolvency proceeding or make any composition with his creditors or attempts so to do,if any pride gratuity gift loan prerequisite reward or advantage pecuniary or otherwise shall either directly orindirectly be given, promised or offered by the contractor or any of his servants/agents to any publicofficer or person in the employ of MUNICIPAL CORPO-RATION, GURGAON in anyway directly or indirectly


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interested in the contract, the Engineer-in- charge may thereupon stand forfeited and he rescind thecontract and security deposit at the disposal of MUNICIPAL CORPORATION, GURGAON and the sameconsequences shall ensure as if the contract shall be rescind under Clause 2 hereof and inaddition the contract shall not be entitled to recover or to be paid for any work thereof actuallyperformed under the contract.

Clause 22 Sum payable by eway of compensation to be considered as reasonable compensation withoutreference to actual loss: All sum payable by way of compensation under any ofthese conditions shall be considered as reasonable compensation payable to MUNICIPALCORPORATION, GURGAON without reference to the actual loss or damage sustained and whether ornot any damage shall have been sustained, and whether or not any damage shall have beensustained.

Clause-22A Deduction of amounts due to government on any account whatever to be recordable fromsums payable to a contractor: Any excess payment made to the con- tractorinadvertently or otherwise under this contract or any account whether and any other sum found tobe due to MUNICIPAL CORPORATION, GURGAON ,the contractor in respect of his contract or anyother contract of work order or on any account whatever may deducted from any sum whateverpayable by MUNICIPAL CORPORATION, GURGAON the contractor either in respect of thiscontract or any work order or control account by any other department of the Government/ MUNICIPALCORPORATION, GURGAON.

Clause-23 Change in constitution of firm: In the case of a tender by partners any change in theconstitution of the firm shall be forthwith notified by the contractor to the Engineer-in- charge forhis information.

Clause-24 work to be under directions of Superintending Engineer: All works to beexecuted under the contract shall be executed under direction of and subject to the approval in allrespect of the superintending Engineer of the MUNICIPAL CORPORATION, GURGAON __for the time being who shall be entitled to direct at 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 MUNICIPAL CORPORATION,GURGAON: No claim for payment of an extraordinary nature such as .


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claim for a bonus for extra labour employed in completion the work before the expiry of the contractualperiod at the request of the Engineer-in-charge or claims for compensation where work has beentemporary brought to a standstill through no fault of the contractor shall be allowed unless and to theextent that the same shall have been expressly sanctioned by the MUNICIPAL CORPORATION, GURGAON.

Clause-25A (i) Arbitration Clause If any question or objection whatsoever shall arisebetween the MUNICIPAL CORPORATION, GURGAON/or authorized representative of MUNICIPALCORPORATION, GURGAON and the contractor in connection with or arising out of the contract, orthe execution of the work or after its completion, and whether before or after the termination,abandonment or breach of the contract, it shall, in the first instance; be referred to, for being settled by theExecutive Engineer-in-charge of the work at that time and Engineer-in-charge shall with in a period of sixtydays after being requested, in writing, made by the contractor to do so, convey his decision to thecontractor, and subject to arbitration as hereinafter provided such decision in respect of every matter soreferred, shall be final and binding upon the contractor. In case the work is already in progress, thecontractor will proceed with the execution of the work on receipt of the decision by the ExecutiveEngineer-in-charge as agoresaid, with all due diligence whether MUNICIPAL CORPORATION,GURGAON/or authorized representative of MUNICIPAL CORPORATION, GURGAON or contractorrequires arbitration as hereinafter provided for, or not. If the Executive Engineer, in-charge of thework has conveyed his decision to the contractor and no claim to arbitration has been filed with him bythe contractor within a period sixty days from receipt of letter communicating the decision, thesaid decision shall be final and binding upon the contractor and will decision, the said decision shallbe final and binding upon the contractor and will not be a subject matter of arbitration at all. If the ExecutiveEngineer-in-charge of the work fails to convey his decision within a period of sixty days ,after beingrequested, as aforesaid, the contractor may, within further sixty days of the expiry of first sixty days,after being requested, from the date on which request has been made to the Executive Engineer-in-charge request the Chief Engineer, MUNICIPAL CORPORATION, GURGAON that the matters in dispute berelevant to arbitration, as hereinafter provided.

(ii) All dispute or difference in respect of which the decision is not final and conclusive shall atthe request, in writing, of either party, made in a communication sent through Regis- tered A.D. Postbe referred to the sole arbitration of any serving Superintending Engineer or MUNICIPAL CORPORATION,GURGAON to be nominated by designation by Chief Engineer of MUNICIPAL CORPORATION,GURGAON at the relevant time. There will be no objection to any such appointment that the arbitratorso appointed is a Govt. servant/in service of MUNICI- PAL CORPORATION, GURGAON or that had to dealwith the matter to which the contract relates in the course of his duties as a Govt. servant/inservice of MUNICIPAL CORPORATION, GURGAON he has expressed his views on all or any of the matter indispute. The Arbitrator to whom the matter is originally referred being transferred or vacating hisoffice. his successor- in-office, as such shall be entitled to proceed with the reference from stage atwhich it was left by his predecessor.

Or

In case the arbitrator nominated by the Chief engineer, MUNICIPAL CORPORATION, GURGAON isunable or unwilling to act as a arbitrator such for any reason, whatsoever the Chief Engineer, MUNICIPAL


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CORPORATION, GURGAON shall be competent to appoint and nominate any otherSuperintending Engineer of MUNICIPAL CORPORATION, GURGAON as arbitrator in his placeand in 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 the person appointed bythe Chief Engineer. MUNICIPAL CORPORATION, GURGAON shall act as a arbitrator and it for anyreason that is not possible the matter shall not be referred to arbitration at all. In all cases where theaggregate amount awarded exceeds Rs. 25000/- the arbitrator must invari- able give reasons for hisaward in respect of each claim and counter/claims separately.

(iv)The arbitrator shall award separately giving his award against each claim and dispute raised byeither party including any counterclaim individually or that and lump-sum award shall not be legallyenforceable.

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

a) Any dispute relating to the levy of the condensation as liquidated damages, which hasalready been referred to the end is being heard or/and has been finally decided by the Super-intendingEngineer-in-charge of the work.

b) Any dispute in respect of substituted area, additional work/omitted work / defec-tive work/referred by the contractor for the decision of the Superintending Engineer-in-charge of the work 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 or aban-donment thathas been referred by the contractor for the decision of the MUNICIPAL CORPO- RATION, GURGAON and hasbeen so decided finally by the MUNICIPAL CORPORATION, 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 the arbitrator hadbeen appointed at the instance of the other party.

(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 determinedaccordingly to details below and the sum so deposited shall, on the termination of the arbitrationproceedings, be adjusted against the cost, if any, awarded by the arbitrator against the claimant party


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and the balance remaining after such adjustment or whole sum in the absence of any such costbeing awarded will be refunded to him within one month from the date of award.

Amount of claims Rate of security deposit

i)For claims below Rs. 10000/- 2% of amount claimed

ii)For claims of Rs. 10000/- and 5% of amount claimed

above and below Rs.100000/-

iii)For claims of Rs.100000 and above 7.5% of amount claimed

The stamp free due on the award shall be payable by the party as desired by the arbitrator andin the event of such parties default the Stamp-fee shall be recoverable from any other sum due to suchparty under this at any other contract.

(viii) The venue of arbitration shall be such places may be fixed by the arbitrator at his sole discretion.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 such arbitratorhas not been applied within 6 months.

a)Of the date of completion of the work as certified by the Executive Engineer- In Charge, or

b) Of the date of abandonment of the work, or

d) Of its non-commencement within 6 months from the date of all mentor written ordersto commence the work as applicable, or

d) Of the completion of the work through any alternative agency or means after with- drawal 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 final paymentdue to or recovery from the contractor had been determined which he may acknowledge and/orreceive.

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 for feinted and absolutely barredby time even for civil litigation notwithstanding.


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(x) It is also a term of this arbitration agreement that no question relating to this contract shall bebrought before any civil courts without first involving and completing the arbitration proceedings as above. Ifthe scope of the arbitration specified herein covers issues that can be brought before the arbitrator i.e. anymatter that can be referred to arbitration shall not be brought before a Civil Court. The pendency ofarbitration proceedings shall not disentitle the Engineer-in—charge, MUNICIPAL CORPORATION, GURGAONto terminate the contract and make alternative for the completion of the work.

(xi) The arbitrator shall be deemed to have entered on the reference on the day he issues notices tothe parties fixing the first date of hearing. The arbitrator may, from time to time, with the consent ofthe 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 herein mentioned, thearbitration proceedings shall be conducted in accordance with the provisions of the Arbitration Act, 1940or any other law in force for the time being.

Clause 26(a): Any fluctuations in Railway rates which may occur during the subsistence ofand affecting 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 prejudices to theright of Government should the contractor fail to comply with the above requirements any excess or shortcharge on account of such increase or decrease shall be credited to or recovered from the contractor. Noalteration in contract rates shall be admissible in consequence of fluctuation in railway freight whensuch railway freight is on account of material which is required by a contractor in the manufacture ofan article to be supplied under this contract e.g. fluctuation of railway freight on coal required forburning bricks will not be taken into consideration or for an article which forms part of a finished workfor purpose of this clause. Similarly no alteration in rates will be allowed when a manufactured articleis trans- ported by rail from place A to place B to form part of a finished work.

Clause-27 : The contractor shall be responsible for making his own arrangements for securing priorities andlicense for material and transportation required for the works and Engineer-incharge shall not be heldresponsible in any way for making such arrangements for any of them.

Clause – 28 Lump sum estimate : When the estimate which a tender is made include lump- sumprovision in respect of parts of the work, the contractor shall be entitled to payments in respect of theitems of work involved or the parts of the work in question at the same rates as are payable under thiscontract for such items or the part of the work in question is not in the opinion of the Engineer-in-charge, measureable, the Engineer-in-charge may at his discretion, pay the lump sum amount enteredin the estimate and the certificate, in writing, of the Engi- neer-incharge shall be final and conclusiveagainst the contractor with regard to any sum payable to him under the provisions of this clause.


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

Clause – 30 Definition of work : The expression “Work or Works” where used in these conditions shallunless 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 whethertemporary or permanent and whether original, altered, substituted or additional.

Clause – 31 The percentage referred to at page-7 of the tender will be calculated on the gross amount (valueof finished work including cost of materials whether purchased from the MUNICI- PAL CORPORATION,GURGAON or direct) of (1) the item of work to which the rates in the tender apply and also see theitems 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 & contract for work means Executive Engineer MUNICIPAL CORPORATION, GURGAON DivisionExecutive Engineer I

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” securing licenses for thematerials and their transportation required for the works and Engineer-in-charge shall not be heldresponsible in any way for making such arrangements.

Clause – 35 The contractor undertakes that he is not related to any of the officers employed by MUNICIPALCORPORATION, GURGAON.

Clause – 36 No pit shall be buy the contractor near the site of the work for taking out earth for use on thework. In case of default, the pit so dug will be filled in by the department at the cost of the contractorplus 14% departmental charges.

Clause – 37 The Contractor shall have to pay sales tax to Excise and Taxation Deptt. In accordance withthe rules in force from time to time.

Clause – 38 All payments for work done under this contract shall be made by cheque to the contractor.

Clause – 39 All royalty and compensation for building stone, bajri and stone metal or any other material shouldbe included in the rates to be quoted and is payable by contractor.


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Clause – 40 The rates given are for the finished work inclusive of octopi charges, sales tax, all duties andall other taxes as applicable.

Clause – 41 It will be the responsibility of the contractor to ensure that trees at the site of work and in thevicinity or their fruit etc are not damaged by his labour or agent. Cost of damage done, if any, willThe assessed at the discretion of the Engineer-incharge 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 the Engineer-incharge. He should also arrange at his own expense for clean drinking water, housing, medicalfacilities necessary for the welfare of the labour employed at his work. In case of his failure,the same shall be provided by the MUNICIPAL CORPORATION, GURGAON contractors cost. Any disputeregarding this will be settled by the Engineer-in-charge whose decision will be final and binding.Contractor will also follow the fair wage clause attached.

Clause – 43 Any material left on the site of the work after one month from the date of completion of thework shall become the property of the MUNICIPAL CORPORATION, GURGAON and no payment shallbe made for it.

Clause – 44 The amount of the work can be increased or decreased according to the requirement of thedepartment 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 be entertained.

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

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


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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 conditions of the agreement have been explained to me/us and I/we clearlyunderstand 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 conditions mentionedabove and in the tender form shall be applicable, even when the agreement for the work is not signed bythe contractor/firm.

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 from if required.

MUNICIPAL CORPORATION,GURGAON

CONTRACTOR’S LABOUR REGULATIONS

1.Short Title : The Regulations may be called (1) Haryana public works Department Contracts LabourRegulation .

2.Definitions : 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 Haryana public workDepartment for the district in which the work is done.

(c) “Contractor” Shall include every person whether a subcontractor or headman of agent employinglabour on the work taken on contract.


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(d) “Wages” Shall have the same meaning as defined in the payment or wages Act 1936 and includetime 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

and continue 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 Ex- ective Engineer, theSuperintending Engineer. The chief Engineer or Regional Labour Com- missioner as fair wages and thehours of work for which such wages are earned and a copy of such notices to the District LabourWelfare Officer.

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

FIXATION OE WAGES PERIOD

5. (i) The 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 ex-piry of ten days after the last of the wage period in respect of which the wagesare payable

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

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

6.Wages book and slip etc.(1) The contractor shall maintain a wage book of each in such from 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 for the workduring each wage period.

(e) All deductions made from the wages with an indication in each case of the ground for which thededuction 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.


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(3) The authority competent to accept the contract may grant an exemption frommaintenance of wage book and slips to a contractor who in his opinion may not directly orindirectly employ more than 50 persons on the work.

7. (1) Fines and deductions which may be made from wages :7(i) the wages of worker shall bepaid to him without any deduction of any kind expect the following:

(a) Fines.(b) Deduction for absence from duty i.e. from the place where by the term of his

employment he is required to work. The amount of deduction shall be in proportion to the period forwhich he is absent.

(c) Deduction for damage to or loss of good expressly entrusted to the em-ployed person for custody or for less or money for which he is required to account, where such damageor loss is directly attributable to his neglect or default.

(d) Any other deduction which the Haryana Urban Development Authority may from time to timeallow.

(2) 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 against suchfines or deductions.

(3) The total amount of fines which may be imposed in any one wage period on a worker shallnot exceed an amount equal to five paise in a rupees of the wage payable to him in respect of that wageperiod.

(4) No fine imposed on a worker shall be recovered from him by installment or afterexpiry of 60 days from the date on which it was imposed.

8. Register of finer act-8 (1) The contractor shall maintain a register of fines and of all deductionsfor damage of loss. Such register shall mention the reason for which fine was imposed or deductionfor damage or loss which was made.

(2) The contractor shall maintain a list in English and the local Indian language, cleary defining actsand commissions for which penalty of fine can be imposed. He shall display such list and maintain it In aclear and legible condition in a conspicuous place on work.9. Preservation of books The wages book , the slip and the register of fine deduction requiredto be maintain under this regulation shall be preserved for 12 months after the date of the last entrymade in them.

10. Power labour welfare officer to make investigation of enquiry- The Labour welfareofficer or any other person authorised by the MUNICIPAL CORPORATION GURGAON on their behalfshall have power to make enquiries with a view to ascertaining and enforcing due and properobservances of the w age clause and the provision of these regulations . He shall investigate into anycomplaint regarding the default made by the contractor or subcontractor in regard such provision.

11. Report labour welfare officer- The Labour welfare officer or any other person authorised asaforesaid shall submit a report of the result of his investigation or enquiry to the Executive Engineerconcerned, indicating the extent if any to which the default has been com-mitted and the amount offine recoverable in respect of the acts of commission of the labours with a note that necessarydeduction from the contractors will made and the wages and the other dues be paid to the labourconcerned.

12. Appeal against the decision of the Labour welfare officer- Any person agreed by thedecision and the recommendation of the Labour welfare officer or other person so authorised may


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appeal against such decision to the Labour commissioner but subject to such appeal, the decision ofthe officer shall be final binding upon the contractor.

13. Representation of Parties(1) A workman shall be entitled to be represented in any investigation or inquiry under these

regulation by:(a) An officer of a registered Trade Union to which he is a member.(b) An officer of Federation of Trade Union to which the trade union referred it in clause (a) is

affiliated.(c) Where the worker is not a member of any registered union, an officer of registered trade union

connected with, or by any other workman employed in the industry in which the worker isemployed.

(2) An employed shall be entitled to be represented in any investigation or inquiry under theseregulations by:

a) An officer of an association of employers of which he is a member.b) An officer of an association of employees to which the association referred to in clause (a) is

affiliated.c) Where the employer is not member of any association of employees by an officer of an

association of employers connected with or by any other employer is engaged.

14. No party shall be allowed to be represented by a lawyer during any investigation en- quiryappeal to any to any other proceeding under these regulations.

15. Inspection of Register- The contractor shall allow inspection of the wages slip to any of hisworker or to his agent at a convenient time and places after due notice is received or the Labourwelfare officer or any other person authorised by the MUNICIPAL CORPORATION, GURGAON on hisbehalf .,

16. Submission of return – The contractor shall submit periodically return as may bespecified from time to time.

17. Licensing of contractor

Every contractor who employs or who employed on any of the proceeding 12 calender month 20 ormore workmen is covered by the Act and is required to obtain a licence , the contractor should obtainthe necessary licence as required under section 12 of contractor labour (Regulation and Abolition Act1970) before commencing the work.

18. 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 the decisionof the Labour Commissioner to Haryana Government or any other person authorized by theMUNICIPAL CORPORATION, GURGAON to that behalf shall be final.

19. The contractor shall be responsible to provide to the entire satisfaction of the Engineer in chargeat his own expense the following amenities for the labour employed by him.

(a) Suitable temporary hutting accommodation.


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(b) Trench latrin ,bathing enclosure, platforms, separately for men and women andtheir regular cleanliness. Clean drinking water.

In the event of his failure to provide any or all the amenities, the same shall be provide bythe MUNICIPAL CORPORATION, GURGAON and cost thereof shall be recovered from the hisdecision shall be final.

FAIR WAGES CLAUSES

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

EXPLANATION:

Fair wage means wage. Whether for time or piece work notified at the time of inviting tenders of thework and where such wages have not been so notified, the wage prescribed by the public works Deptt.,Building and road branch, Haryana for the district, in which the work is done.

(b) The contractor shall, not with standing the provisions of any agreement to the contrary, caused tobe paid fair wages to labours, indirectly engaged on the work including any labour engaged by his subcontractor in connection with the said work, as if the labourers had been directly employed by him.

(c) In respect of labour directly employed on the works for the performances of the con-tractorpart of this agreement the contract shall comply with or cause to be complied with the public worksDeptt. Contractor’ labours Regulations made by Government from time to time in regard to paymentof wages period, deductions from wages, recovery of wages not paid and deductions unauthorisedlymade, maintenance of wages, register, wages slip, publication of wages and other terms of employmentinspection and submission of periodical returns and all other matters of such like nature.

(d) The Executive Engineer or Sub Divisional Engineer concerned shall have the right to deduct,from the money due to the contractor, any some required or estimated to be required for makinggood the loss suffered by a worker or workers by reason of non fulfillment of the conditions of thecontractor for benefit of the workers, non-payment of wages or dedications made from his or their wageswhich are not justified by the terms of the contract or for non-observance of the regulation is referred.To in clause ( C) above.

(e) Vis-à-vis the MUNICIPAL CORPORATION GURGAON the contractor, shall be pri-mary liable for all payment to made under and for the observance of the regulations aforesaid,without prejudice to his right to claim indemnity from his contractor.

(f) The regulations aforesaid shall be deemed to be a part of this contract and any breachthereof shall be deemed to be a breach of this contract.

(g) Attendance card should invariably be issued by the contractor to their workers, whichI should be returned to the contractor concerned at the time’ of receiving payment of theirwages.

(h) Before making payment to the contractor, the authorities contractor should obtain acertificate from the contractor that he has made payment to all workers connected with theexecution of the work, for which the payment is being made.


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(i) The normal working hours of workers employed by contractor for the execution ofwork allotted to them should be 8 hours per day with a break of 2 hours during summer , onehour during winter after continuous work of 4 hours at the most. The spread over should in no.case exceed 10 hours, workers working beyond these hours, should be paid overtime wages,at the double the ordinary rate of their wages, calculated by the hour.

LIST OF MATERIALSTO BE ISSUED BYTHE ENGINEER-IN-CHARGEOF THE WORKS TO THE CONTRACTOR

NOTES.

1. All the above materials will be issued at the place of issue given and all the costs ofcarriage including loading & unloading from the place of issue to site of work will be borne bythe 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 or uncontrolled com-modity for use directly on the aforesaid work of manufactures or materials required un connec-tion there with which is not utilized for the purpose for which it is issued or otherwise disposedoff 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 Engi-neer-in-charge, the cost of such quantities of the materials shall without prejudice to otherrights and remedies available to the MUNICIPAL CORPORATION, GURGAON be recoverablefrom the contractor at the double stock rate at which it is agreed to be supplied to the contrac-tor or double the stock rate for the quantities issued free to cost.

3. EXCESSIVE/SHORT CONSUMPTION OF MATERIAL RECOVERY FROM CONTRACTOR(a) Eor excessive consumption of material more up to 5% (five percent).Recovery will made from the contractor at issue rate plus3% percent storage charges.

(c) Excessive consumption of material more than 5% (five percent)Recovery will be made from the contractor for the excessive consumption of materials at penalrates provided un the contract plus three percent storage charges.

(c ) For short consumption of material upto 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 beenconsumed and the same would be reduced proportionate to the materials used shorterthan prescribed. However, where it is not possible to determine the exact item on whichless material has been used the cost of materials would be recovered from the con-tractor at issue rate some and in addition the contractor will be opened to disciplinaryaction by the Division Officer . In case where the item of work become non-sched-ule & non agreement due to less consumption of materials the Executive Engineermay sanction such non-schedule & non agreement rates upto the power of histechnical sanction of original works where amount larger than those mentioned above


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are Involved, the rates will be got approved from the competent authorities concernedwho can approve such rates upto their powers to sanction estimates technicallyshould also be left to the Executive Engineer to determine whether the structure isaffected adversely by less consumption of material and in cases where he feels thatit is likely to be so,

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

4. 3% storage charge will be levied on all material issued to the contractorfrom stock, the cost of which is recoverable.

5. The octroi, terminal tax royality and, other taxes and charges 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 notwithstanding that lesser quantity of cement and steel might have been consumed onthe work & the balanced quantity 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 the material is not returned or lesser material is returned recovery at panelrate will be made at the rates given in the contractor plus storage charges.

8. The other material mentioned in the list will be supplied to the extent of theseparate security deposit of suitable 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 regularised as per P.W.D. specificationalong with amendments, if any.

ADDITIONAL CONDITIONS OF CONTRACT1. The cement will be arranged by the Contractor/ Agency/Firm at his own level. TheContractor/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 HSR1988 are not applicable in this case.2. The cement will be arranged by the contractor/society/Agency/Firm at his own level.

The cement shall be ordinary Portland -43 grade, duly ISI marked & confirming to ISI-8112 withlatest amendments The cement manufactured by. Mini Cement plant shall not be used.3. The cement shall be purchased from authorised Distribute or Manufacturer or AuthorisedDealer.


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4. The cement arranged by the Contractor /Agency will be brought at site and shall be keptin the store maintained at site, provided with dual locking system i.e. key of lock with represent-tative of the department and 2 key of lock with authorised representative of agency.

5. The contractor / agency will inform the Executive Engineer / Assistant Engineer for thequantity of the cement brought as site with bill/challan in the name of that agency before usingthe same and Executive Engineer incharge or his authorised representative may check theactual receipt of cement at site.6. The Engineer-in-charge or his authorised representative may, if need be, also send thecement for testing to any Government Lab/ Reputed Lab. The sample of the cement will becollected as per BIS specifications in the presence of the Contractor / Agency or his authorisedrepresentative. In case the cement is found as. Per ISI specifications then the cost of testingwill be borne by the Department, but in case the cement sample fails to meet the BIS require-ment, then appropriate action as per contractor agreement will be taken. The cost on thetesting of cement). along with any loss caused to government shall also be recovered from thecontractor Agency and no claim in this respect will be entertained.7. The stock of cement at site shall not be more than one month consumption and onlysufficient 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 beopen to inspection by representatives of the Engineer-in-charge during his visit at site. Theconsumption and receipt of cement in the register shall be initiated jointly by the authorisedrepresentative of the contractor /agency and representative of Engineer-in-charge. The saidregister will be issued by office of concerned Assistant Engineer under his dated signature foreach agreement separately. The register will also contain the columns for work executiveagainst the cement issued.

9. Quality check register will be maintained at site and regular sampling of work executiveevery month shall be recorded in the same.

10. MUNICIPAL CORPORATION, GURGAON reserves the right of negotiations as per policyapproved by the state Government with the tenderers in case the prices quoted are felt to be onhigher side or otherwise . The negotiations will be carried out with 1st , 2nd & 3rd lowest contrac-tors. The highest amongst them will be called first and lowest tenderer in the last. if duringnegotiation tenderer other than lowest reduces his prices/ amount below then those of lowestthen lowest tenders will be counter offered this price / amount and in eventuality of him notaccepting the counter offered the same shall be offer to second lowest and so forth. Tendererwho refuse the counter offer will not have any right to the bid later on.

11. The Engineer-in –charge can opt for 3rd party inspection other than MUNICIPALCORPORATION, GURGAON . in addition to inspected by MUNICIPAL CORPORATION,GURGAON staff. The 3rd party would inspect the work during its execution to ensure executionof work as per specifications/agreement and also quality control i.e. drawl of samples, testing& other items etc The report of the same would be submitted to Engineer-in-charge by the 3rdparty. The agency / contractor shall be bound by the report of 3rd party inspection and shalltake remedial measures for execution of work as per specifications in agreement. The


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inspection and sample testing charge will be borne by MUNICIPAL CORPORATION,GURGAON

Variation in the Rates of bitumen/Emulsion

It has been observed that oil companies have been frequently increasing the rates ofvarious grades of bitumen / emulsion. This has created uncertain conditions for the contractingagencies which is a major block in the way of development works in view of above difficultiesbeing faced by the Department Government has decided to incorporate the following variationClause, as addition condition, regarding the rates of bitumen / emulsion in the contract docu-ment:-

1. That the rate of bitumen/emulsion at the refinery on the date of receipt of tender shallbe considered as base rate if during execution of the works, the rate of bitumen ! emulsionincreases or decreases at refinery , the difference in cost shall be paid/recovered from thecontractor in the bill subject to the following conditions

1.1 The bitumen/emulsion will be arranged by the contractor from approved refinery only.

1.2 The contractor shall submit original bill/voucher of the refinery while claiming the pay-ment for the work done. The bill/voucher should pertain to the period of original contractual timelimit and should correspond with the progress of work. No extra payment due to increase inrate of bitumen/emulsion will be paid if the original bill! Vouchers are not submitted by theagency. No increase in prices of the bitumen emulsion shall be reimbursed to the contractorbeyond the original time period allowed for construction as per contract agreement irrespectiveof extension of time limit granted to the agency for reason, whatsoever.

1.3 After approval of tender, the contractor shall submit the work programme for executionof work and get it approved from the Engineer-in-charge in the time limit prescribed in thetender document . The increase in rates of bitumen/emulsion shall only be paid if the bituminouswork is carried out within the prescribed period as per the approved work programme.

Labour Safety ItemsContractor shall provide labour safety items to the site of work such as

luminous jackets, Helmets, Gloves, Goggles, boots etc. free of cost if the contractors does notprovide these items to the labours this shall be provided by the Department arid double the costshall be recovered from the contractor.

Road Safety items.Contractor shall provide road safety items like diversion boards cautionary boards. Men

at work boards delineators , traffic cones, flagmen, Barricades etc. at the site of work. In casethese items are not provided by the contractor then MUNICIPAL CORPORATION, GURGAONwill provide these items and double the cost shall be recovered from the contractor.

SCHEDULE NO.1Schedule showing (approximately) materials issued from MUNICIPAL CORPORATION,GURGAON stores for works contract to be executed and the rates at which are to be charged for


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Sr. No. Description

Rate to be charged from

The contractor for supply Place of issue

1. Portland cement in bags to

weight 50 Kgn. 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 pipe

(1) ______________mm i/d

(2) ______________mm i/d

(3) ______________mm/id

@ Rs.______________

Per pipe of 60 cm.

@ Rs.______________

Per pipe of 60 cm.

@ Rs.______________

Per pipe of 60 cm.

3. (a) R.C.C. pipe

(i)___________mm i/d

(ii)___________mm-i/d

(iii)___________mm-i/d

(b)Collars

(i)(a)____________mm

(ii)(b)____________mm-

(iii)(c )___________mm-

@Rs.________________

Per meter

@Rs.________________

Per meter

@Rs.________________

Per meter

@Rs.________________

Per Collar

@Rs.________________

Per Collar

@Rs.________________

Per Collar


P a g e | 42

Note:- 3% storage charges will be levied on all above materials issued to the contractorfrom the stock, the cost of which is recoverable.

AFFIDAVIT

I ______________________________ S/o Sh.________________________________________

Resident of_________________________________ Section_____________________________

Distt._________________________________ contractor / partner/ share holders (strike out the which isnot applicable) (firm or contractor) do hereby solemnly declare as under:-

1. That the person / firms black listed by MUNICIPAL CORPORATION , GURGAON/ HaryanaGovt./ Govt. of India from time to time never had any connection and interest in my business.2. That the above said contractor / persons / firms do not have any substituting in my

business and3. That the said persons / firms are not employee of my firm and are not in my way connected

with my business.

4. Pig lead for C.I. water pipes Free of cost (for labour rates

Items)

--do--

5. C.I. Pipes & specials

(i) (a) ____________mm/id

(b)____________mm/id

(c )____________mm/id

(d)____________mm/id

ii) Specials

@ Rs.________________

Per meter

@ Rs.________________

Per meter

@ Rs.________________

Per meter

@ Rs.________________

Per meter

@ Rs.________________

Per Kg.

--do—

--do—

--do—

--do--

6. Bitumen 80/100 grade @ Rs_________________

Per metric ton.


P a g e | 43

DEPONENT

WITNESSDATED:

i do hereby solemnly declare and affirm that the above declaration is true and correct tothe best of my knowledge and belief, No part of it is false and nothing has beenconcealed.

DEPONENT

WITNESS

DATED:

Additional Conditions of Citizens

Supervisory Committee


P a g e | 44

1. Any resident of Municipal Corporation Gurgaon who have astake in any of these works and wishes to be a member of theCitizen Supervisory committee to be set up by the MCG forsupervision of the execution of works on the ground, may submittheir willingness giving name, address, academic qualification,professional experience and contract phone number of theMunicipal Corporation Gurgaon by above mentioned date.

2. The execution of entire work will be monitored by a citizensupervisory committee comprising persons who are stake holderin the work. The contractor shall be found to keep the committeeapprised of various important phases of the work right from thebe- ginning till the end. The contractor shall also give dueconsideration to the suggestion given by this committee maymake from time to time with regard to the quality of work. Inthe event of contractor finding such suggestion to be irresponsibleor unacceptable he will bring matter to the notice of theMunicipal Corporation Gurgaon.


P a g e | 45

Widening of Road from Junction of Sector- 4-7 Chowk to Railway Station, Gurgaon

Abstract of Cost

S.No. Item No. Qty. Unit Rate CeilingPremium

Rate withCeiling

PremiumAmount

Sub Head No. 1 % Amount

1 NS Item 1.01 3.950 Ha

2 NS Item 1.02 (a) 202.000 cum

2 NS Item 1.02 (b) 20.200 cum

2 NS Item 1.02 (c) 20448.000 Cum

4 NS Item 2.01 21077 Cum

5 NS Item 2.02 15534.000 Cum

7 NS Item 3.01 4102 Cum

8 NS Item 3.02 3801 Cum

9 NS Item 4.01 15708 Sqm

10 NS Item 4.02 (i) 77175.000 Sqm

NS Item 4.02 (ii) 15708 Sqm

11 NS Item 4.03 2000 Cum


P a g e | 46


Abstract of Cost


Rate withCeiling

PremiumAmount

12 NS Item 4.04 800 Cum

13 NS Item 5.01 21925.00 Sqm

14 NS Item 6.01 (i) 10.000 Nos.

NS Item 6.01(ii) 7.000 Nos.

NS Item 6.01(iii) 13.000 Nos.

NS Item 6.01 (iv) 3.000 Nos.

NS Item 6.01(v) 3.000 Nos.

NS Item 6.01 (vi) 3.000 Nos.

NS Item 6.01 (vii) 5.000 Nos.

15 NS Item 6.02 150.000 Nos.

16 NS Item 6.03 1724.000 Sqm

17 NS Item 6.04 (i) 1103.000 Sqm

18 NS Item 6.04 (ii) 54.000 Nos.

19 NS Item 6.05 1550.000 m

20 NS Item 6.06 800.000 m

21 NS Item 7.01 2650.000 Rm

22 NS Item 7.03 5833 cum

Sub Head No. 2

24 HSR item 6.10 13725.000 Cum 11.890 370% 55.883 766994

25 HSR item 10.82 4.110 cum 997.900 450% 5488.450 22558

26HSR item 15.3+15.75 54.000 sqm 20.850 500% 125.100 6755

27 HSR item 18.22 108.520 MT 9170.500 500% 55023.000 5971096

28 HSR item 29.43 26.000 Sqm 12.500 120% 27.500 715


P a g e | 47


Abstract of Cost


Rate withCeiling

PremiumAmount

29 HSR item 29.87 58.000 Nos. 391.000 450% 2150.500 124729

31 HSR item 11.23 48.000 cum 427.700 600% 2993.900 143707

32 9.5 2400.000 Sqm 8.840 400% 44.200 106080

33 9.13 240.000 Sqm 30.650 400% 153.250 36780

34 10.39 88.000 Cum 403.100 450% 2217.050 195100

35 10.82 + 10.95 a) 176.000 Cum 1084.800 450% 5966.400 1050086

36 10.79+10.95 a) 208.000 Cum 712.700 450% 3919.850 815329

37 10.87+10.95 a) 480.000 Cum 1486.900 450% 8177.950 3925416

38 HSR Item 29.94 74 Each 1200.000 5% 1260.000 20160

Note : For NS Item rate to be quoted by agency


P a g e | 48


P a g e | 49


Item Specification Ref Description Unit Qty Rate

CeilingPremium

Rate withCeiling

PremiumAmount

1 SITE CLEARANCE AND DISMANTLING

1.01 NS Item Clearing and grubbing road land including uprooting rank vegetation, grass, bushes,shrubs, saplings and trees girth upto 300 mm removal of stumps of trees girth up to300 mm cut earlier and disposal of unserviceable materials and stacking ofserviceable material to be used or auctioned to all lead and lifts including removaland disposal of top organic soil not exceeding 150 mm in thickness. (MORT&HClause - 201) Ha 3.95

1.02 NS Item Dismantling including disposal of unserviceable material & stacking the serviceablematerial complete to all lead and lifts.

(a) Stone / brick pitching/brickwork cum 202

(b) Concrete/RCC/ Prestressed concrete structure i/c cleaning straightening & procuringof bars & separating them out from RCC/PCC cum 20.2

(C) Disposal of extra quantity from roadway cutting cum 20448

2 EARTH WORK


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CeilingPremium

Rate withCeiling

PremiumAmount

2.01 NS Item Excavation for roadwork in soil including cutting and loading in tippers, trimmingbottom and side slopes, in accordance with requirements of lines, grades and crosssections, and transporting to the embankment location within all lead and liftsincluding disposal of surplus soil Clause 301 .

i) Ordinary soil Cum 21077

2.02 NS ItemConstruction of sub-grade and earthen shoulders with approved material obtainedfrom borrow pits with all lifts & leads, transporting to site, spreading, grading torequired slope and compacted to meet requirement of table No. 300-2 Cum 15534

3 SUB-BASE AND BASE COURSES

3.01 NS ItemConstruction of granular sub-base ( GSB Grade -1) by providing coarse gradedmaterial spreading in uniform layers with motor grader on prepared surface, mixingby mix in place method with rotavator at OMC and compacting with vibratory rollerto achieve the desired density, complete as per MORT&H Clause 401. Cum 4102

3.02 NS Item Providing laying spreading and compacting graded stone aggregate to wet mixmacadam specification including premixing the material with water at OMC inmechanical mix plant carriage of mixed material by tipper to site, laying in uniformlayers with paver in sub-base / base course on well prepared surface andcompacting with vibratory roller to achieve the desired density. (MORT&H Clause406) Cum 3801


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CeilingPremium

Rate withCeiling

PremiumAmount

4 BITUMINOUS WORKS

4.01 NS ItemProviding and applying primer coat with bitumen emulsion CSS-I grade on preparedsurface of granular base including cleaning of road surface and spraying primer atthe rate of 0.60 kg / sqm using pressure distributor (MORT&H Clause -502) Sqm 15708

4.02 NS ItemProviding and applying tack coat with bitumen emulsion using emulsion pressuredistributor on the prepared granular surface cleaned with mechanical broom ongranular surface treated with primer @ 2.5 kg / 10sqm as per MORT&H Clause 503.

i) On Granular Surface @ 0.25 Kg/Sqm Sqm 77175

Providing and applying tack coat with bitumen binder 80/100 penetration gradewith pressure distributor on the prepared bituminous surface cleaned withmechanical broom @ 3.0 kg / 10sqm as per MORT&H Clause

ii) On Bituminous Surface @ 0.3 Kg/Sqm Sqm 15708


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CeilingPremium

Rate withCeiling

PremiumAmount

4.03 NS Item

Providing and laying dense graded bituminous macadam with 100-120 TPH batchtype HMP producing an average output of 75 tonne per hour using crushedaggregates of specified grading premixed with bituminous binder grade 60/70 andfiller transporting the hot mix to work site laying with a hydrostatic paver finisherwith sensor control to the required grade, level and alignment rolling with smoothwheeled, vibratory and tandem rollers to achieve the desired compaction as perMORT&H specifications Clause 507 complete in all respects. (Clause 507) (The rateshall include the provision of bitumen @ 4.25 percent by weight of total mixture.The variance in actual percentage of bitumen used will be assessed and paymentadjusted up and down accordingly)Grade-II (The rate shall include the provision of bitumen @ 4.25 percent by weightof total mix. The variance in actual percentage of bitumen used will be assessed andpayment adjusted up and down accordingly but in no case the bitumen shall exceed4.6 % by weight of total mix. In case percentage of bitumen increases beyond 4.6%it will be incidental to the work and no payment for variation beyond 4.6 % will bemade.) Cum 2000

4.04 NS Item Providing & laying Bitumen Macadam using 3.3% Bitumen of grade 60/70 rollingwith the Road Rollers as per MORST specifications to achieve the desired densityand compaction including cost of Tack coat Cum 800


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CeilingPremium

Rate withCeiling

PremiumAmount

4.05 NS Item

Providing and laying bituminous concrete with 100-120 TPH batch type hot mixplant producing an average output of 75 tonnes per hour using crushed aggregatesof specified grading, premixed with bituminous binder ( using PMB-40) ,transporting the hot mix to work site, laying with a hydrostatic paver finisher withsensor control to the required grade, level and alignment, rolling with smoothwheeled, vibratory and tandem rollers to achieve the desired compaction as perMORTH specification clause No. 509 complete in all respects (Clause-509).Usingmodified Bitumen PMB-40 (The rate shall include the provision of bitumen @ 5percent by weight of total mix. The variance in actual percentage of bitumen usedwill be assessed and payment adjusted up and down accordingly but in no case thebitumen shall exceed 5.6 % by weight of total mix. In case percentage of bitumenincreases beyond 5.6% it will be incidental to the work and no payment for variationabove 5.6 % will be made).

A) With Polymer Modified Bitumen Cum 1645

5 PAVER BLOCK PAVEMENT

5.01 NS Item Providing and laying 100mm thick factory made cement concrete interlocking paverblock of M-40 grade made by block making machine with strong vibratorycompaction and approved size and design /shape laid in required colour and patternover and including 50 mm thick compacted bed of coarse sand, filling the joints withcoarse sand etc. all complete as per the direction of Engineer- in charge.

Sqm 21925


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CeilingPremium

Rate withCeiling

PremiumAmount

6 TRAFIC SIGNNAGES & ROAD MARKINGS

6.01 NS ItemProviding and fixing of retro- reflectorised cautionary, mandatory and informatorysign as per IRC :67 made of high intensity grade sheeting vide clause 801.3, fixedover aluminium sheeting, 1.5 mm thick supported on a stainless steel angle ironpost 75 mm x 75 mm x 6 mm firmly fixed to the ground by means of properlydesigned foundation with M15 grade cement concrete 45 cm x 45 cm x 60 cm, 60cm below ground level as per approved drawing

I) 90 cm equilateral triangle Nos. 10

II) 60 cm equilateral triangle Nos. 7

III) 60 cm circular Nos. 13

IV) 80 mm x 60 mm rectangular Nos. 3

V) 60 cm x 45 cm rectangular Nos. 3

VI) 60 cm x 60 cm square Nos. 3

VII) 90 cm high octagon Nos. 5


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CeilingPremium

Rate withCeiling

PremiumAmount

6.02 NS Item Supplying and installation of delineators (road way indicators, hazard markers,object markers), 80-100 cm high above ground level, painted black and white in 15cm wide strips, fitted with 80 x 100 mm rectangular or 75 mm dia circularreflectorised panels at the top, buried or pressed into the ground and conforming toIRC-79 and the drawings. Nos. 150

6.03 NS Item Kerb Painting as Providing and applying two coats of synthetic enamel paint ofapproved brand on new concrete surface or after through cleaning of old concretesurface to give an even shade complete as per the drawing and as directed by theengineer. Sqm 1724

6.04 NS ItemProviding and laying of hot applied thermoplastic compound 2.5 mm thick includingreflectorising glass beads @ 250 gms per sqm area, thickness of 2.5 mm is exclusiveof surface applied glass beads as per IRC:35 .The finished surface to be level,uniform and free from streaks and holes. MORT&H Clause - 803 Sqm 1103

NS Item ii) Painting lines, dashes, arrows etc on roads in two coats on new work with readymixed road marking paint conforming to IS:164 on bituminous surface, includingcleaning the surface of all dirt, dust and other foreign matter, demarcation at siteand traffic control Nos. 54


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CeilingPremium

Rate withCeiling

PremiumAmount

6.05 NS ItemConstruction of cement concrete New Jersy Barrier with top and bottom width 115and 550 mm respectively, 1075 mm high in M 20 grade RCC as per providing & fixingCentral Divider (Jersey barrier) of cement concrete M-30 grade as per size drawing.

Length of median = 1750 - 200 (openings) = 1550 m m 1550

6.06 NS ItemProviding and fixing Pedestrain Guardrail complete as per technical specifications m 800

7 DRAINAGE AND PROTECTIVE WORKS

7.01 NS ItemProviding and laying of RCC NP 3 Hume pipe (as per IS:458) 300 mm dia laid over 75mm layer thick of granular sub base grade-I and connecting them with inspectionchambers complete in all respect (i.e. including cost of excavation, laying ofpipe,joining, bed reparation , GSB material cost etc.) but excluding cost of chamber. Rm 2650

7.02

NS ItemProviding and laying Pre cast concrete saucer drain of size 450 (width) x 300 (length)x 75/100 mm thickness, manufactured with M-30 grade of concrete andmanufactured by Bibro compaction process using joint less FRP moulds, so as to getshuttering finish as per drawing along main road on both sides. Nos. 5833


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CeilingPremium

Rate withCeiling

PremiumAmount

7.03 HSRitem10.39

Cement concrete 1:4:8 nominal mix in foundation of manhole with crushed stoneaggregate 40 mm nominal size mechanically mixed, placed in foundation

cum 23 403.10 450% 2217.05 50992

7.04 HSRitem6.10

Excavation of trenches in streets lanes or in open area for storm sewer, sewersrunning by gravity and manholes to full depthsas shown in drawings inludingshoring, timbering of polloing boards frame system type, dressing to correctsections and dimensions

(a) For depth of excavation not exceeding 3 mtrs BGL. Cum 13725 11.89 370% 55.88 766994

7.05 HSR item10.82

Providing RCC slab in Cement Concrete with M25 grade, 20 mm nominal size forreinforced concrete work in slab with inclination not exceeding 25 degree withhorizontal excluding steel reinforcement but including centring and shuttering cum 4.11 997.9 450% 5488.45 22558

7.06 HSR item15.3+15.75

12mm thick cement plaster 1:2 inside M.H. Cement rendring on plaster 1 mm thick(16.40 + 4.25 = 20.85) sqm 54 20.85 500% 125.10 6755

7.07 HSR item18.22

Cold twisted deformed (ribbed / tor Steel ) bars for R.C.C. works, where notincluded in the complete rate of R.C.C. including bending, binding and placing inposition complete MT 108.52 9170.5 500% 55023.00 5971096


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CeilingPremium

Rate withCeiling

PremiumAmount

7.08 HSRitem29.43

Extra over the rate laid down in this schedule fo cement concrete work forschedules for cement concrete work for making and finishing benching andcomplicated floor work in manholes including formation of channels and bulinozingand smooth finishing Sqm 26 12.5 120% 27.50 715

7.09 HSR item29.87

Construction brick masonary road gully chambers in foundation Ist class brick worklaid in cement sand mortar 40 mm thick cement concrete topping inside thechamber with a floating coat of 1.5 mm thick neat cement laid in one operation tothe topping the same

Single road gully size 610 mm x 457 mm x 800 mm Nos. 58 391 450% 2150.50 124729

7.11 HSRitem11.23 First class brick work laid in cement stone dust mortar 1:5 in foundation and plinth cum 48 427.7 600% 2993.90 143707

49.5 Centring and shuttering for faces of walls, partitions, retaining walls, well staining

and the like (vertical or battering ) including attached plasters, butteresses etc. (45%of Rs. 19.65) extra for steel shuttering Sqm 2400 8.84 400% 44.20 106080

5 9.13 Shuttering for faces of concrete foundations and foundation beam, (vertical orbattering) Sqm 240 30.65 400% 153.25 36780

6 10.39 Cement Concrete 1:4:8 with Stone ballast 40mm nominal size in foundation andplinth Cum 88 403.1 450% 2217.05 195100


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CeilingPremium

Rate withCeiling

PremiumAmount

7

10.82 +10.95 a)

Providing RCC slab on open drain in cement concrete 1:1 1/2:3 with stone aggregate20mm nominal size for reinforced concrete work in slab with inclination notexceeding 25 degree with horizontal excluding steel reinforcement but includingcentring Cum 176 1084.8 450% 5966.40 1050086

810.79+10.95 a)

Cement Concrete 1:1 1/2:3 with stone aggregate 20mm nominal size for reinforcedconcrete work but excluding steel reinforcement centring and shuttering laid inposition complete. Cum 208 712.7 450% 3919.85 815329

9

10.87+10.95 a)

Cement Concrete 1:1 1/2:3 with stone aggregate 20mm nominal size for reinforcedconcrete work for walls (10 cm to 20 cm thickness ) straight and curved excludingsteel reinforcement but including centring and shuttering laid in position completein all respect Cum 480 1486.9 450% 8177.95 3925416

11

HSR Item29.94

Prov. & fixing SFRC manhole covers and frames marked with IS 12592 includingsetting the same to correct lines and levels in 1:2 cement sand mortar overmanholes including carriage loading, unloading, stacking, handing, re-handing etc.complete in all respects. Each 74 1200 5% 1260.00 93240


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Special Terms and Conditions

1.The contractor/society have to produce the proof of their having been enlisted in appropriateclass with Haryana PWD (B&R), CPWD, MCG and MES.

2.Tender Form shall be accepted of those agencies who submit earnest money in the shape ofdeposit at call duly pledged in the name of Commissioner, Municipal Corporation, Gurgaon.

3.Conditional/ Postal tenders are liable to outright rejection.

4. The agency should own the following machinery:-

i) Hot mix plant

ii) WMM plant

iii) Sensor paver of minimum 7.0 mtr width.

iv) Motor Grader

v) Vibratory Roller

vi) Pneumatic Tyre Roller

5. Within 10 days after receipt of letter of acceptance, the successful bidder shall deliver to thedepartment a performance security of 5 % of the contract amount for the period of 28 days afterthe expiry of defect liability of one year in shape of either bank guarantee of fixed deposit infavour of Commissioner Municipal Corporation Gurgaon.

6. Technical Bid must contain the following documents:-

i) Earnest money in shape of DD.

ii)List of machinery as mentioned in para 4 above (with proof of ownership).

iii) Performance certificate in case of similar nature of works executed by the agency. One work of80% of agreement or at least two works of 50% each of agreement must be completed during lastthree financial years.

iv) Copy of valid enlistment letter from Haryana PWD (B&R), CPWD, MCG and MES.

v)Proof of tender form cost in shape of receipt.


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vi) The price bid shall be submitted online on e-tendering website. No manual price bid shall besubmitted.

7.The price Bid of the qualifying bidder shall be opened.

8. The defect liability period shall remain for 5 Years from the date of completion of project andfurther details is available on page no. 54 under head “QUALITY CONTOROL (D)”

9. The security deducted shall be refunded after successful completion of defect liability period andthis condition shall overcome over the standard clause of agreement

GENERL NOTES (A)

1. This contract schedule of rates of is an extract of the relevant items from the Haryana PWD scheduleof rates, 1998 and is to be read with another schedule attached hereto namely as the “SCHEDULE OFCEILING PREMIA” . For the purpose of cross reference against each items the chapter no and the items nohas 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 given in the Haryana PWD schedule of rates 1998 with upto the date of tendershall be applicable on all above items where ever necessary.

4. The description rates, units etc. of the above items shall be corrected as per Haryana PWD scheduleof rates, 1998 in case of any error or omission.


P a g e | 62

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 specifications 1990edition 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 notes andnotes given in the Haryana PWD schedule of rates 1998.

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

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 of typing orcomparison or over sighting .if there is any mistae , the same shall be rectifiable at any stage as perHaryana PWD schedule or rates, 1988 by the Engineer – in – charge along with the amendments of thesame received from time to time .

11. Approximate quantities have been given in the contract schedule of rates and these can vary at thetime of execution of the work. The payment will however be made according to the actual work done bythe contractor and accepted by the Department.

12. The amount of work can be increased or decreased. The contract will have no claims on this account.

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

14. No claims 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 Haryana PWDschedule of rates 1988 is attached with the notice inviting tender and shall from the part and parallel ofthis contract schedule of rates. All those items which do 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 the HaryanaPWD schedule of rates,1988 regarding these items.

18. The department reserve the option to take away any item of work or any part thereof at any itemduring the currency of contractor and re-allot to another contractor with due notice to the contractorwithout 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 date amendments.


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20. All the pages of the tender for must be signed by the tenderer before submitting the tender failingwhich the tender shall be treated as invalid.

21. The validity of the tender shall be considered as three months and no lower limit even if quoted bythe contract 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) charge shall bededucted from the bill of the work done . However, material required for water connection will bearranged by the contractor.

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

25. Nothing extra shall be paid for any type of jungle clearance which the tenderer may have to carry out.26. If any damaged is done by the contractor to any existing work during the coarse of excavation of thework. This shall have to be made good by him at 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 barriers asnecessary at either end of the location . All these arrangements will be considered as incidental to thework and contractor responsibility and nothing shall be payable to him in this respect.

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 will haveno claims in this regard. The charges for third party inspection will be born by the department.

30. Any item of work not provided in the contract schedule of rates but require to be executed, will be atthe Haryana PWD schedule of rates, 1988 together with the ceiling premium exhibited in the NIT forvarious chapter where the item exists in the Haryana PWD schedule of rates 1988 subject to premium ordiscount tendered by the contractor . In case of non schedule item , this will be governed by clause 12 ofthe contract agreement.

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

32. Design of Drain will be submitted by contractor to the department with approved from IIT/NIT beforeexecution of drain Item.


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TECHNICAL CONDITION (B)

1. This ISI Marked OPC 43 Grade; Cement will be and arranged by the Contractor/ Agency at his owncost.


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2. The work will be open for third party inspection for quality as per prescribed relevant. IS specificationas 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 instrument 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 notice during period of year from the certified date of completion and which isattributable to the contractor. All notices of such defects shall be given to the contractor promptly. In casethe contractor or fails to make good the defects, the Engineer-in-Charge may employ other means tomake good such defects and all expenses consequent and incidental there to shall be borne by thecontractor.

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 thecharge in writing before closing any road for vehicular traffic and footpath shall be kept clear at all times.The contractor shall make all the precaution to avoid any accidents and for proper guidance of the trafficbye providing necessary barriers, reflective cautionary sign/ signal, speed limit boards, red and green flags,electric light focus type at night, with sufficient number of chowkidars and other measures while work is inprogress or blocking the road wherever otherwise necessary. The material and the machinery shall bestocked/ placed at the site of work in such a way that there will be no obstruction to traffic andinconvenience to public. No claim shall be entertained on account of such faulty arrangement made by thecontractor. The contractor shall be fully responsible for all accidents caused by the negligence of suchprecaution. In case the contractor fails to comply with the foresaid arrangement the same shall be madeby the Engineer-in-charge at the risk and cost of the contractor.

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 tendering the tender shall inspect the site of work and shall fully acquaint/satisfy himselfabout the condition with regard to site, nature of soil, availability of material, suitable location forconstruction of god owns stores and labour hunts, 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. Thisrate duration of contract) including local required for a satisfactory execution of work. The rate shouldtake into consideration all such factors and contingencies. No claim what so ever shall be entertained bythe department on this account.

10. Only actual quantities of work completed and accepted by the Engineer-in-charge shall be paid for ifany damage is done by the contractor to any existing work during the course of execution of work, thisshall have to be 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 and proper execution of work should be done inthe absence of the contractor.


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12. The contractor 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 specification and nopayment for material required for sample for such tests shall be made to him. In case the material is notfound up to mark, the same will be rejected.

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

14. Nothing shall be paid for marking and maintenance of services road required for the transportationof the material.

15. Irrespective of what is stated in para6 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 shall beadmissible irrespective of lead involved.

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

17. This security shall be refunded after 3 (three) months of completion of work but thecontractor/Agency shall submit deposit at call in the shape of bank Guarantee of equal amount for balance09(nine) months in favour of Commissioner Municipal Corporation Gurgoan before release of security.

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

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

20. 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 content 420Kg of 43 grade per cubic meter.

SPECIAL CONDITIONS (C)

1. Where in the description of the item in the bill of the quantities the specification clauses No. ofMORT & H is missing, the same be carried out strictly in accordance with the MORT H (Road Wing) andlatest revision/amendment as applicable.


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2. The contractor shall clear the site of work simultaneously as the work proceeds shall which the sameshall 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 from which material are brought so long it conform to the specification. Clause/ change ofany 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 material are Stored by the contractor he willmake his own arrangements to clear the place within such time as may be instructed by the Engineer-in-charge or the same shall be got clear by the Engineer-in-charge at the risk and cost of the contractor.5. No compensation for any damage caused to the work/materials by him, folds or other naturalcalamities shall be paid to the contactor. The contractor shall make good all such damages at his own costas 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. at siteof work. On completion of work, the contractor be made good the ground at his own cost as per directionsof the Engineer-in-charge, failing which the same shall he made good by the Engineer-in-charge at the riskand cost of the contractor.7. The contractor shall make arrangement at his own cost for at least two number of modern levelinginstrument (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.8. 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.9. Nothing will be paid unforeseen delays on account of non-availability of any kind of material ordrawing and design.10. The contractor will be responsible for setting cut the work establishing benchmark, center line etcand will carry out all such works at his own cost.11. 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 the project.12. 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.13. 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.14. 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 kaccha/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.15. 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.16. 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.17. 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 same shall bedone at his risk and cost.18. In case of important roads where the intensity of traffic is high, the contractor shall be constructed bythe Engineer-in-charge, restrict the work to non peak period as determined by the Engineer-in-charge. Noclaim / compensation on account of the same shall be entertained.19. Collection of material should be so planned that it is commensurate with physical progress.


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20. The quality control for road work and materials will be exercised as per section 900 of MORTHspecification latest revision/ amendment and for determining the quality of bitumen used by extractionmethod as per procedure laid for doing such tests by IRC, The frequency of sampling will be exercised asper clause of MORT & H Specifications.21. 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 work andconduct suitable tests at regular intervals to determine for the work done approaches the desired limit. Incase tests reveal any deficiency, the contractor shall made good the same without extra payment or workwill be rejected if not according to required specification.22. The contractor shall progress on different parts simultaneously to ensure completion of the road sothat minimum breakage and repairs are involved.23. To arrive at the desired grading of materials, the exact quantities of material of different gauges shallbe determined and stacked on the basis of laboratory tests from time to time. The extra payment on thisaccount worked not be admissible.24. 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 , theengineer –in-charge if considered it expedient and in the interest of work, he may ask the contractor tosupply the missing fraction up to quantity as determined by him separately, free of cost.25. 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 temperature is 10degree C or less at site of work of particular reach.26. The rate quoted should include hire charges of land or purchase of land for installation of Hot Mixplant etc.27. Sample will also be got tested from CRRI/ Shree Ram Test House/IIT’s or any other reputed test house& testing laboratory. Samples will be given by the agency free of cost and testing charges will be borne bythe contractual agency.28. Before start of the work contractor will get his machinery inspected and approved from the Engineer-in-charge of the work.

QUALITY CONTOROL (D)

1. a) Identify defects: The Engineers –in-charge or his representative shall check the contractor’sany work and notify the contractor any defects that are found. Such checking shall not relieve thecontractor/ contractor’s responsibilities/responsibilities. The engineer-in-charge may instruct thecontractor to search for defect and to uncover any work that the engineer-in-charge or his authorizedrepresentative considers may have a defect.

b) Correction of defects: The Engineers-in-charge shall give notice to the contractor of any defectsbefore the end of defects liability period/maintenance period which will be Five year after completion, thedefect liability period/ maintenance shall be extended as long as defects remain to be corrected. Everytime notice of a defect is given , the contractor shall correct the noticed defect within the limit of timespecified by the Engineer-in-Charge’s notice, If the contractor has not corrected a defect within the timespecified in Engineer-in-charge’s notice, the Engineer-in-charge will assess the cost of having the defectcorrector and the contractor will pay the amount.


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c) The Contractor shall have to provide a field laboratory fully equipped at work site and at hot mixplant for conducting all the relevant tests mentioned in the MORTH&H specification subject to theapproval of the Engineer-in-charge or his representative. The record of such tests is to be maintained inproper register duly signed by the contractor or his representative, which will become the property ofDeptt. The contractor will bear all the running expenses for conducting such tests. All the tests will becarried in the presence of Engineer-in-charge or his authorized representative. All the entries are to besigned by the contractor and such authorized 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 samewill be rejected. Cost of such tests will also be biome by contractual agency.

3. Various quality control operations will be maintained as per clause No.901,902, and 903 of MORT&H(Road wing) specification (4th revision ) of 2001 / latest edition.

4. Contractor shall provide suitable measuring arrangement and leveling instruments of 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. The Engineer-in-charge at his discretion can get any type and nos. of tests carried out from any otherapproved laboratory for his satisfaction for which all the expenses incurred would be acceptable / bindingto 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 shall be stocked/placed at this site of workin such a way that there will be no obstruction to traffic and inconvenience to public . No claim shall beentertained on account of such faulty arrangement made by the contractor. The contractor shall be fullyresponsible for all accidents caused by the negligence of such precaution. In case the contractor fails tocomply with the aforesaid arrangements the same shall be made by the Engineer-in-charge at the risk andcost of the contractor.


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Conditions of E-tendring4. The Bidders can download the tender documents from the Portal: http://mcg.etenders.in. Tender Documents Feeshas to be paid online through payment gateway during the "Downloading of Tender Document & Payment of Tender Documentfees" stage and Earnest Money Deposit has to be submitted through Demand Draft in the name of Commissioner, MunicipalCorporation Gurgaon.

Willing Contractors shall have to pay the Tender Document Fees through payment gateway during the "Downloadingof Tender Document & Payment of Tender Document fees" stage. However, as the details of the EMD are required to be filledat the time of Bid Preparation and Hash Submission stage, the Bidders are required to keep the EMD details ready beforehand.

5. The tender 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'

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 the Bidders containing the Earnest Money and documents supporting eligibility criteria shall be opened online. If theEarnest Money and eligibility of bidder is found proper, the Envelop 'TI' containing Technical Bid shall be opened in thepresence of such bidders who either themselves or through their representatives choose to be present. The Technical andFinancial bid shall be opened only if the bidders meet the 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 supportingeligibility criteria.

Envelope 'TI' - Technical Bid Envelope

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

Envelope 'CI' - Price Bid Envelope

To be submitted mandatory online- "Information related to Price Bid of the Tender". The Envelopes "ED" & "TI" shall be placedin another envelop of bigger size clearly marking the name of agency & name of work. In case, the Bidders have submitted allthe 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 documents as per the dates mentioned in the schedule above.

CONDITONS:-

(1) Application for tender documents must accompany with an attested copy of registration certificate of the contractorat the time of submission of tender.

(2) Tender of societies shall be accepted on production of resolution duly attested by the registrar of society orauthorized person.

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


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(4) The tender without earnest money will not be opened.(5) The jurisdiction of court will be at Gurgaon.(6) The tender 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, anymodifications in the terms and conditions of the bid, the said earnest money shall stand forfeited. Bids would requireto be valid for 3 months from the date of closing of online "Bid preparation and Hash submission stage".

(8) Tender 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 have already installed HMP or own spare Hot Mix plant along with requisite machinery for transportation of mixmaterial is lying with paver & compaction with road rollers as per specifications. Such existing or to be installed HotMix Plant will be located within 30Km. distance from the site of work(s) to keep the temperature of mix material tothe 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 andestablished leasing company/agency already engaged in this business.

For and On Behalf of Commissioner MCG

-Sd-

Endorsement 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/ IV/ V/ VI, 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- 3, 4, 8, Horiculture 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

ExecutiveEngineer-II

MCG DivisionNo. 2,

Gurgaon


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ANNEXURE-A

CONDITIONS OF E-TENDERING Instructions to Contractors on ElectronicTendering

1. These conditions will over-rule the conditions stated in the tender documents, wherever relevant and applicable.

2. All the Contractors intending to participate in the tenders processed online, are required to get registered for theElectronic Tendering System on the Portal http://mcg.etenders.in For more details, please see the information in Registrationinfo 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 ofthe bidder bidding online. A digital signature certificate has two keys i.e. Public Key and Private Key. Public Key is used toencrypt the data and Private Key is used to decrypt the data. Encryption means conversion of normal text into coded languagewhereas decryption means conversion of coded language into normal text. These Digital Certificates are issued by an approvedcertifying authority, by the controller of Certifying Authorities, Government of India.

3.2 A Digital Certificate is issued upon receipt of mandatory identity proofs and verification letters attested by the NotaryPublic / Charted Account / Any Gazatted Officer whose stamp bears emblem of Ashoka. Only upon the receipt of the requireddocuments, a digital certificate can be issued.

3.3 The contractors may obtain Class II B digital certificate from any Certifying Authority or Sub-certifying Authorityauthorized by the Controller of Certifying Authorities on the portal http://cca.gov.in. or may obtain information and applicationformat and documents required 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 digitalcertificate from the following:-

1. Nextenders (India) Pvt. Ltd.


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O/O Additional Chief Engineer, HUDA, Sector 40, M- Block South City –I, Gurgaon.Contact persons : Sh. Rajit Garg – 09650482332

2. Nextenders (India) Pvt. Ltd.YUCHIT, Juhu Tara Road, Mumbai-400049 [email protected]

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

3.4 Bid for a particular tender may be submitted only using the digital certificate, which is used to encrypt the data andsign the hash during the stage of bid preparation and hash submission. In case, during the process of a particulartender, the user looses his digital certificate (i.e. due to virus attack, hardware problem, operating system problem),he may not be able to submit the bid online. Hence, the users are advised to have back up of certificate and keep thecopies at safe place under proper security to be used in case of emergencies.

3.5 In case of online tendering, if the digital certificate issued to the authorized user of a firm is used for signing andsubmitting a bid, it will be considered equivalent to a no-objection certificate/power of attorney to that User. Thefirm 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 torepresent adequate authority of the user to bid on behalf of the firm for Municipal Corporation Gurgaon , Haryanatenders 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 authorityor Sub Certifying Authority, in case of change of authorized user and applies for a fresh digital certificate and issues an'authorization certificate' for the new user. The procedure for application of a digital certificate will remain the samefor the new user.

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

4. Set up of machine

In order to operate on the electronic tender management system, a user's machine is required to be set up. A helpfile on setting up of the system can be obtained from NexTenders (India) Pvt. Ltd. or downloaded from the home pageof the website - http://mcg.etenders.in.>> "Information for new users".

5. Online Viewing of Notice Inviting Tenders:

The contractors can view the N.I.T and the time schedule (Key Dates) for all the packages floated using the electronictendering system on the Haryana MCGD website http://mcg.etenders.in. Contractor may refer to NIT in the office ofExecutive Engineer.

6. Opening of an Electronic Payment Account:

6.1 For purchasing the tender documents online, contractors are required to pay the tender documents fees online usingthe electronic payments gateway service as mentioned at S. 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.etenders.in

7. Submission of Earnest Money Deposit:

7.1 The EMD Payment can be made by eligible contractors through Demand Draft in favour of Commissioner MunicipalCorporation Gurgaon.

7.2 Contractors have to submit the EMD either physically in a sealed physical envelope which should reach the office ofconcerned Executive Engineer as mentioned in the Tender Notice.

8. Submission of Tender Document Fees:


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The Payment can be made by eligible contractors online directly via Credit Card / Internet Banking Account / CashCard / Debit card. The contractors have to pay for the tender documents online by making online payment of tenderdocument fees using the service of the secure electronic payment gateway. The secure electronic payments gatewayis an online interface between contractors and credit card / online payment authorization networks.

9. Purchase of Tender Documents:

Download of Tender Documents: The tender documents can only be downloaded from the Electronic TenderingSystem on the Portal http://mcg.etenders.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 timeschedule (Key Dates) of the Tender. Bidders should take note of any corrigendum being issued on the website on aregular basis. They should view and note down the tender Hash and ensure that it matches with their previous notedHash 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 digitallysigned tender Super Hash will be generated by authorized Haryana MCG official. This is equivalent to sealing thetender 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 thehash at the stage of hash generation and submission after the generation of Super Hash within the date and time asstated in the Notice Inviting Tenders (Key Dates). The electronic bids of only those contactors who have submittedtheir bid seals (Hashes) within the stipulated time, as per the tender time schedule (Key Dates), will be accepted bythe System. A bidder who does not submit his bid seal (Hash) within the stipulated time will not be allowed to submithis bid.

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

will be binding on all the bidders. The bidders are required to complete the stage within the stipulated time as per theschedule to continue their participation in the tender. All online activities are time tracked and the system enforcestime locks that ensure that no activity or transaction can take place outside the start and end dates and time of thestage as defined in the Notice Inviting Tender. The bidder should check the status of a particular stage by followingthe below mentioned procedure:-

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

tenders.d. Select the tender whose status is to be viewed by clicking on the tender no.e. Click on “Action page” button. The status of all the stages

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

The bidder should ensure that the status of a particular stage should be shown as "Completed" before the expiry dateand time of that particular stage and he should possess a copy of receipt of completion of each stage to be performedfrom his end. It will be the sole responsibility of the bidder if the status of a particular stage is "Pending" till the expirydate and time of that stage and he is not able to proceed further in the e-tendering process.

Other Information:

1. The intending bidders shall fill the lumpsum rate / item rate / Percentage rate in the online templates of the onlinetender. 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 sealedenvelopes and these sealed envelopes together with the documents listed below should be sealed in another coverand delivered to this office before the date and time mentioned in the Tender Notice.


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i. A list of all documents accompanying the sealed envelopes containing the tender 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 must strictly abide by the stipulations set forth in notice inviting tender & while tendering for the work, thebidder shall adopt only the three envelope system.

4. The third envelop - Price Bid envelope has to be submitted mandatory online and shall not be accepted physicallyunder any circumstances. In case any bidder does not comply with procedure given above, it will be presumed that heis not interested in the work and the work shall not be let out to him. Further he may be de-listed without furthernotice to him for failing to abide by the strictly approved terms of notice inviting tender for this work.

5. The tenders which are not accompanied by the earnest money or proof of earnest money or do not strictly follow thetechnical requirement, are liable to be rejected summarily.

6. Tenders / quotations which are dependent upon the quotations of another bidder shall be summarily rejected.7. The tenders 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-tendering shall check his/her validity of Digital Signature Certificate before bidding in thespecific work floated online at e-tendering portal of Municipal Corporation Gurgaon , Haryana on the website

http://mcg.etenders.in. Also, the bidder will be held liable solely, in case, while bidding in particular stage - Date & Timeexpired as per the key dates available on the tender document. Key dates are subject to change in case of any amendment in

schedule due to any reason stated by concerned Executive Engineer of the Department.