tender document for construction of 50 mld stp gurgaon vol...

Tender Document for Construction of 50 MLD STP Gurgaon Vol –I

Municipal Corporation Gurgaon

Executive Engineer Contractor 1

Vol –1 & 3PriceBid




GOVT. OF HARYANA

MUNCIPAL CORPORATION GURGAON

TENDER DOCUMENT

Volume – I

(General Terms & Condition)

Construction of 50 MLD Sewage Treatment Plant based on SBRProcess with Tertiary Treatment and Renovation of existing 2 NOsMain Pumping Stations on Design Built and Operate (DBO) basis,including 3 months trial run followed by Operation & Maintenancefor 10 years at Gurgaon

MUNCIPAL CORPORATIONGURGAON

August 2014





Web Site: - www.mcg.gov.in

NOTICE INVITING TENDER

No. EE(WSS)/MCG/2014/Dated:

On behalf of Commissioner, Municipal Corporation Gurgaon, Online

bids are hereby invited on lump sum/item-wise rate basis on the prescribed

format from the firm /agency/contractor qualifying the eligibility criteria

specified in tender document for the work “Construction of 50 MLD

Sewage Treatment Plant based on SBR Process with Tertiary Treatment

and Renovation of existing 2 NOs Main Pumping Stations on Design

Built and Operate (DBO) basis, including 3 months trial run followed by

Operation & Maintenance for 10 years at Gurgaon” as per schedule given

below.

Sr.No.

Description Start Date and Time Expiry Date andTime

1 Release of Tender document 19-08-2014 09:00 Hrs. 20-08-2014 17:00 Hrs.2 Date of Pre-Bid Meeting 29-08-2014 at 3.00 Hrs.3 Downloading of Tender Documents

alongwith Tender fees20-08-2014 17:01 Hrs. 12-09-2014 17:00 Hrs.

4 Online Bid Preparation & HashSubmission

20-08-2014 17:01 Hrs. 15-09-2014 17:00 Hrs.

5 Technical & Financial Lock by MCG. 16-09-2014 09:00 Hrs. 16-09-2014 17:00Hrs.

6 Re-Encryption of Online Bids 16-09-2014 17:01 Hrs. 18-09-2014 17:00Hrs.

7 Manual Submission of EMD &Additional Documents

16-09-2014 17:01 Hrs. 18-09-2014 17:00Hrs.

8 Open EMD & Technical/PQ Bid 19-09-2014 09:00 Hrs 19-09-2014 17:00 Hrs.9 Eligibility criteria evaluation 19-09-2014 09:00 Hrs 19-09-2014 17:00 Hrs.10 Open Financial/Price-Bid (Tentative) 22-09-2014 09:00 Hrs 22-09-2014 17:00 Hrs.




1. Detailed Tender document can be downloaded from the website:www.mcg.gov.in on payment of Rs. 25000/- in favor of Commissioner,Municipal Corporation Gurgaon, this is nonrefundable.

2. All bids must be accompanied with Bid Security of the amount Rs. 80.00Lacs in favor of Commissioner, Municipal Corporation Gurgaon.

3. Time period for completion of work shall be 2 years excluding the period oftrial run for 3 months.

4. Possession of Digital Signature Certificate (DSC) and registration of thecontractors on the portal i.e. http://mcg.etenders.in is a prerequisite fore-tendering. Kindly contact o/o Nextenders (India) Pvt. Ltd., O/O ExecutiveEngineer, MCF, Near B.K. Chowk, Faridabad, Contact persons: Sh. SanjayKumar – 8743042801.

5. For any other queries, please contact Executive Engineer, (WSS), MunicipalCorporation Gurgaon (M) 8826794016 Address: - New Colony Mor,P.H.E.D. Building Gurgaon.

6. Date of opening of financial bid shall be intimated to the qualified bidders /agencies only.

7. For further details and e-tendering schedule, visit websitehttp://mcg.etenders.in

For & on behalf of Commissioner MCG

Executive Engineer(WSS)

Municipal CorporationGurgaon




MUNICIPAL CORPORATION GURGAON

NOTICE INVITING TENDER

On behalf of Commissioner, Municipal Corporation Gurgaon E-tender is invited

through electronic tendering system for the following work under two bid system from

firm /agency/contractor or any Govt. Department agency, who are technically and

financially capable to terms and conditions given on website and e-tender notice and

in the tender documents.

Name of Work TenderDocument Fee

EarnestMoney

Duration

Construction of 50 MLD SewageTreatment Plant based on SBR Processwith Tertiary Treatment andRenovation of existing 2 NOs MainPumping Stations on Design Built andOperate (DBO) basis, including 3months trial run followed by Operation& Maintenance for 10 years at Gurgaon

Rs. 25000/- Rs. 80 LACS 24 Months afterAward of work forDesign Erectionand Commissioningand3 months trail runfollowed by10 yearsO&M aftercommissioning for50 MLD STP

Note :- For Further details log in www.mcg.gov.in or contact 8826794016.

Bid Submission procedure :-

a. The bid documents shall be published online on the e-Government

Procurement System (e-GPS) portal i.e. www.mcg.gov.in on the date and

time as mentioned in the tender time schedule (Key Dates).

b. All the interested bidders are required to register on e-GPS portal i.e.

http://mcg.etenders.in.

c. The bidder is also required to obtain Digital Signature Certificate (DSC) from one

of the authorized Certifying Authorities (CA). Digital signature is mandatory to

participate in the e-tendering. More information on how to obtain a DSC and also

its use is available under the link “Information about DSC” on the e-GPS portal i.e.

http://mcg.etenders.in. Bidders already possessing the digital signature issued

from authorized CAs can use the same in these tenders.




d. Bids shall be submitted online on the same e-GPS portal i.e.

http://mcg.etenders.in after signing them electronically using a Digital

Signature Certificate (DSC) within the stipulated time as mentioned in tender time

schedule (Key Dates). Online bids, ready for submission / upload, shall include

bidding document, scanned copy of Cost of bidding document, Bid Security & all

the Supporting Documents in support of qualification other than rates filled by the

bidder in BOQ.

1. Bidders should be registered with GOI/Govt Of Haryana/Municipal Corporation

Gurgaon or any organization of any State Govt. or Govt. of India for the

construction of Sewage Treatment Plants.

2. Bidders who does not registered with Municipal Corporation Gurgaon, will have to

get listed in the Municipal Corporation Gurgaon within 30 days from the date of

award of work.

3. The Bidders must meet the following minimum Pre-qualification (PQ)criteria:

A. Financial Pre-qualification Bidder should have average turnover in the last

three years ending financial year on 31-03-2014 not less than Rs. 60.00 Cr. For

proof of financial status audited balance sheets, annual reports including

turnover for previous three years is to be enclosed.

i) The participant should not have incurred any loss in last three years or

should have a positive net worth.

ii) Available Working Capital based on the current assets and current liabilities

(including the short term loan repayments due in one year) should be at

least Rs. 15.00 Crore. (Available Working Capital shall be evaluated as

Current Assets + Revolving Line of Credit – Current Liabilities (including

loan repayment due within one year)

B. Technical Pre-qualification –

i) The bidder should have been in the business of construction of Sewage

Treatment Plant for at least five years.

ii) Bidders should have constructed and commissioned at least either 1 No. STP

having 25 MLD and similar capacity of pumping station or 3 Nos. of STP having

15 MLD and similar capacities of pumping stations in operational condition on

turnkey basis on the SBR or conventional Activated Sludge Process with SCADA

PLC system to achieve the desired effluent standard of BOD – 10mg/l, TSS -




10mg/l and Total Nitrogen -10mg/l in last Seven years before published NIT

date in any location in India.

iii) The bidders should adhere the technical specifications (for biological and

tertiary treatment) provided in tender documents and submit the technical

design for proposed system. If the bidder is fail to submit design for proposed

system and not found suitable in evaluation, bid will be rejected.

iv) Joint Venture/ Sub Contract/ Back to Back Contract experience are not

allowed.

Note: Similar completed works is defined as the works of construction of Sewage

Treatment Plant/Common Effluent Treatment Plants (other than package unit) with

biological treatment process in the Govt. / Semi Govt. sector with documentary proof.

v) Experience in Private Sector shall not be considered. Information regarding

bidders experience shall cover the works carried out by the applicant in his

own name only and not as a sub-contractor.

vi) The applicant’s performance for each completed work should be certified by an

officer not below the rank of a Superintending Engineer or equivalent on the

Performa enclosed and should be obtained in sealed

C. Technology Provider –

i) The bidder who does not have experience of SBR based plant must

provide the technical tie up documents with SBR Technology Provider

(As per the attached vendor list) along with the bid. The technology

provider or its corporate/exclusive partner must have registered

company in India.

ii) The technology provider should have provided at least one plant of 25

MLD in last 7 years and the same should have been in operation for at

least 2 years anywhere in the world.

iii) The bidder, who has the experience of providing the SBR based

treatment plant must provide the technical tie up agreement with the

SBR technology provider (as per the attached vendor list) once the bid

is awarded.




iv) Tie-up between bidder and technology provider shall have notarized

MOU agreement on Rs 100/- Non Judicial Stamp paper

4. Tenders are invited on 2-bid system i.e. (1) Technical cum Financial Capability

evaluation Bid (2) Financial Bid financial bids of only those bidders will be opened

at a date to be notified later on, who fulfill the eligibility and whose proposals are

qualified technically and the financial bid will be evaluated based on life cycle cost

as detailed in tender document.

5. Technical capability evaluation bid shall be opened on the date specified below.

Date of opening of financial bid will be informed separately to the successful

bidders who will qualify for the Technical cum Financial Capability Evaluation bid.

6. A pre bid meeting for replying the queries of the prospective bidders is proposed at

office of Municipal Corporation Gurgaon at the date & time mentioned in the table

below in which the interested bidders can participate. The queries through post

should reach in the Office as mentioned above one day before the pre-bid meeting.

7. After prebid meeting no queries shall be entertained

8. Bidders are required to make payment for online or offline in the form of demand

draft for the cost of bidding document. The requisite fee shall be paid by demand

draft in favour of the Commissioner, Municipal Corporation Gurgaon payable at

Gurgaon. Online bids must be accompany the electronic scanned copy of the

demand draft for the cost of document as mentioned in the table above. This

demand draft in original shall be submitted either by registered post or by hand in

the office of the Executive Engineer WSS, Municipal Corporation Gurgaon on or

before the date mentioned in the tender time schedule (Key Dates). Failing to do

so, the bids will be declared non-responsive and the bid will not be opened.

9. Bid Earnest Money shall be paid on line or shall pay offline in form of Demand draft

in favour of Commissioner, Municipal Corporation Gurgaon payable at Gurgaon.

Online bids, must be accompany the electronic scanned copy of bid earnest money

for the amount as mentioned in the table above. The original copy of bid security

shall be submitted either by registered post or by hand in the office of Executive

Engineer WSS, Municipal Corporation Gurgaon on or before the date mentioned in

the tender time schedule (Key Dates). Failing to do so, the bids will be declared

non-responsive and the bid will not be opened.

10. Offline submission of Original Documents:- In addition to the cost of bidding

document and bid security as prescribed above, the bidders are also required to

submit in original all the documents listed in tender document and as per tender




notice and general instruction to bidders given in the tender document either by

registered post or by hand, in the office of the Executive Engineer WSS, Municipal

Corporation Gurgaon upto the date and time as mentioned in tender time schedule

(Key Dates). These document must also be scanned in the online submission. In

addition to this the firm should also submit technical proposals in detail for

evaluation in sealed envelopes separately marking on the envelope as Technical

Bid and Financial Bid and sealed envelopes shall be submitted.

11. Bids will be opened in the office of the Executive Engineer WSS Municipal

Corporation Gurgaon by the designated Tender Opening Committee in the

presence of intending bidders or their authorized representatives on the date and

time as mentioned in tender time schedule (Key Dates).

12. The bids shall remain valid for a period of 4 months from deadline date of bid

submission.

13. Bidders are advised to visit the respective site (existing pumping stations (30 &

20 MLD) to be renovated and actual site for construction of 50 MLD STP) before

quoting their rates. Once the bids are accepted, no claim whatsoever will be

acceptable.

14. Contractors are required to verify site for invert levels, rising mains, length and

dia of pipe from pumping stations, water table, bearing capacity, Geo Physical

condition and o t h e r r e qu i r ed i n f o rma t i on before tendering. No

payments for design, dewatering, pile foundation, price escalation etc. will be

made on this account.

15. The bidder shall submit an undertaking on a 100 Rs. Non Judicial Stamp Paper,

that it has not been Black Listed from any State Public Health Engineering

Department/ Municipal Corporation/ Municipal Committee in the last five years.

16. The Corporation reserves the right to verify the particulars furnished by

the applicant independently. If any information furnished by the applicant is

found to be incorrect at a later stage, the firm/contractors shall be liable to be

debarred from future tendering in Department and legal action will also be initiated

and allotment is liable to be cancelled besides black listing the contractors/firms.

17. All disputes concerning this work shall be within the jurisdiction of Gurgaon

Haryana

18. Conditional Tenders, Tenders without Earnest Money, Tender not furnished on

prescribed forms & Tenders by Post/Telegram & received after due date & time

shall not be entertained.

19. The Municipal Commissioner, Municipal Corporation, Gurgaon reserves the right to




change and reject tender without assigning any reason before award of contract.

20. Firms/Contractor who have been black listed by Govt. Semi

Govt./Board/Corporation shall not be eligible to bid for this work.

21. In case of any variation in nomenclature / typing error, left out in tender

document, the bidders will responsible for completion of work on Engineering

Procurement and Construction (EPC), no additional payment shall be considered

on this account

22. For any other details, terms & conditions is required please contact the office of

the Executive Engineer (WSS) Municipal Corporation Gurgaon

Brief details are as under: (Key dates)

Sr.No.

Description Start Date and Time Expiry Date andTime

1 Release of Tender document 19-08-2014 09:00 Hrs. 20-08-2014 17:00 Hrs.2 Date of Pre-Bid Meeting 29-08-2014 at 3.00 Hrs.3 Downloading of Tender

Documents alongwith Tender fees20-08-2014 17:01 Hrs. 12-09-2014 17:00 Hrs.

4 Online Bid Preparation & HashSubmission

20-08-2014 17:01 Hrs. 15-09-2014 17:00 Hrs.

5 Technical & Financial Lock byMCG.

16-09-2014 09:00 Hrs. 16-09-2014 17:00Hrs.

6 Re-Encryption of Online Bids 16-09-2014 17:01 Hrs. 18-09-2014 17:00Hrs.

7 Manual Submission of EMD &Additional Documents

16-09-2014 17:01 Hrs. 18-09-2014 17:00Hrs.

8 Open EMD & Technical/PQ Bid 19-09-2014 09:00 Hrs 19-09-2014 17:00 Hrs.9 Eligibility criteria evaluation 19-09-2014 09:00 Hrs 19-09-2014 17:00 Hrs.10 Open Financial/Price-Bid

(Tentative)22-09-2014 09:00 Hrs 22-09-2014 17:00 Hrs.

For & on behalf of Commissioner MCG

Executive Engineer (WSS)

Municipal Corporation

Gurgaon




TENDER AND CONTRACT FOR WORKS

General Rules and Directions for the Guidance ofContractor: -

CONTRACTORS SHOULD CAREFULLY STUDY THE RULES GIVEN BELOW

WHICH ARE FOR THEIR GUIDANCE. BEFORE SUBMITTING THE

TENDERS & COMPLY WITH THE SAME. ANY NON COMPLIANCE OF THE

SAME IS LIKELY TO RESULT IN FOREFEITURE OF EARNEST MONEY & MAY

RESULT IN CANCELLATION OF HIS CERTIFICATE OF ENLISTMENT.

Rule No. 1 [General]

Brief information about the works proposed for a execution by contract

have been notified in a shape of “Notice” pasted on the Notice Board hung

up in the office, duly signed by the Executive Engineer. Further the

detailed document called “NOTICE INVITING TENDERS” and can be seen in

the office of the Executive Engineer on any working day. This form states

the work to be carried out, as well as the date & time for submitting and

opening of tenders and the time allowed for carrying out, the work, the

earnest money required to accompany the tenders, also the amount of

security to be deposited by the contractor whose tender is accepted, the

conditions of contract on which contract agreement would be concluded,

copies of the technical specification, designs & drawings, Contract

Schedule or Rates, and also a Schedule of Ceiling Premium” by which the

rates of various items of the Contract Schedule of Rates shall be increased

so as to be called the “Ceiling Premium”. Further any other documents

required in connection with the works duly signed by the Executive

Engineer for purpose of identification shall also be open for inspection

by the Contractors in the office of the Executive Engineer as mentioned

in the “NOTICE”.

Rule No. 2

Any Contractor who submits tender may sign an affidavit to the effect




that he has no connection or relation with the firm/Contractor black-listed

by Haryana Government /Govt. of India from time to time. The form of

affidavit can be seen in the office of the “Executive Engineer”.

Rule No. 3 (Conditional Tenders)

The tender shall not be burdened or loaded with any Conditions.

Only rate shall be quoted. A conditional tender is liable to be rejected

outright at the discretion of the accepting authority. In the alternative, the

accepting authority may treat the conditions as null and void and make a

counter offer to the Tenderer to do the work at the rate quoted by him

without the conditions. If the Contractor, who submitted the tender refuses

to accept the said counter offer to do the work at the rates quoted by him

without the conditions within one week of the said offer having been made

by the accepting authority, the earnest money which accompanied the

tender shall stand forfeited and the Contractor shall have no claim to the

same whatsoever.

Rule No. 4[Contractor’s Signatures]

The tender shall be signed by the person or persons authorized to do so in a

manner by the authority granting the certificate of enlistments. Any

tender not signed in the manner so authorized shall be deemed to be an

invalid tender and shall be rejected and the earnest money shall be forfeited

without prejudice to any other rights & remedies available to the Executive

Engineer.

In the event of the tender being submitted by a firm, it must be signed

separately by each member thereof, or in the event of the absence of

any partner, it must be signed on his behalf by a person holding power

of attorney authorizing to do so.

For the purpose of identification, the Contractor shall supply to the

Executive Engineer specimen signatures duly attested by a Gazetted

Officer known to the Executive Engineer. The specimen signatures




must be supplied well before the date of submission of tender.

The Contractor(s) shall sign on all pages of tender form to be submitted

by him. In addition he shall also sign at the places, where he is to sign

which are marked ‘X’ on pages.

All corrections shall be made in a manner so that the original is

legible. There shall be no over writing. The corrections shall be

authenticated by the signature of the authorized person as described

above.

Any tender not so signed may be rejected and theearnest money forfeited.

Rule No. 5

Form for specific work

A single tender form shall be used, for one specific work only viz. the

work for which the same has been issued by the specific contractor to

whom the same has been issued by the Executive Engineer. The tender

form preferably be put in the cover and the cover may be sealed by the

contractor. If the cover is not sealed by the contractor, Executive

Engineer shall not be responsible for any consequences thereof.

Rule No. 6

. (a) The Executive Engineer or any other officer duly

authorized by him will open tenders. Any Contractor (s) (who

may have submitted tenders) or their authorized agents may be

allowed to be present at the time of opening of tenders.

(b) The officer opening the tender will first make a list of those

tenders which are on the prescribed form. All other Documents

purporting to be tenders shall be separated and sealed separately

without even announcing the identity of the tenders.

Out of the list of tenders received on the prescribed form, the officer




opening the tenders will then separate out those which are not

accompanied by requisite amount of earnest money or in the

required form. Infirmities shall be notified and such tenders shall be

resealed without announcing the rates.

(C) He will then announce the rates quoted by all other contractors

whose tenders do not suffer from any infirmities. In cases where the

tenders have any or many short- coming, the rates may not be

announced and such tenders may be put in a cover and sealed. This

fact shall be announced. The tender so sealed shall be dealt with

according to rules and regulations on the subject/ situation.

(d) The Executive Engineer shall have the right of rejecting all

or any of the tenders without assigning any reason.

In the event of a tender being accepted, an acknowledgement of the

Deposit at Call receipt forwarded therewith shall thereupon be given

to the Contractor who shall thereupon for the purpose of

identification, sign copies of specifications and other Documents

mentioned in Rule 1. In the event of a tender not being accepted,

the earnest money forwarded with such tender unless the same

has been forfeited will thereupon be returned to the concerned

Tenderer.

Rule No. 7

The receipt of an Accountant or a Clerk for any money paid by the

Contractor will not be considered as acknowledgement of payment to

the Executive Engineer and the contractor shall be responsible for

seeing that he procures a receipt signed by the Executive Engineer.

Rule No. 8

The memorandum or work tendered for and the memorandum of

materials to be supplied by the Public works Department and their issue

rates shall be filled in and complete in the office of the Executive

Engineer before the tender form is issued. If a form is issued to a




Contractor who intends to tender without having been so filled in and

completed, he shall request the office to have the done before he

completes and delivers his tender.

Rule No.9

The Department may refuse or suspend payments on account of a

work when executed by a firm, or by Contractors described in their

tender as a firm, unless receipts are signed by authorized person

produces written authority enabling him to give effectual receipts on

behalf of the firm.

Rule No.10

The Department may evaluate the price bid by deleting any item from

the price bid. And based on the same the department will award the

tender.




MEMORANDUM

General Description (Name or work/contract): -

“Construction of 50 MLD Sewage Treatment Plant based on SBRProcess with Tertiary Treatment and Renovation of existing 2 NOsMain Pumping Stations on Design Built and Operate (DBO) basis,including 3 months trial run followed by Operation & Maintenance for10 years at Gurgaon “.

(a) Earnest Money (as given in Notice Inviting Tender): -Rs. 80 LACS

(b) Security deposit (including earnest money)@5% of contract value

with separate & additional security deposit.

(c) Time allowed for the work from date of written order to completion 24months.

(d) Sale Tax and Income Tax will be deducted from contractors all billson Gross amount as per Govt. Rules.

In case this tender is accepted I/We hereby agree to abide by and fulfill all

terms and provisions of the said conditions of Contract annexed hereto so

far as applicable or in default thereof forfeit to pay to the Municipal

Corporation Gurgaon Div- WSS or its successor in office, the sums of

money mentioned in the said conditions.

The sum of Rs.80 LACS deposited vide deposit at call in the name of

Municipal Commissioner, Gurgaon, as earnest money, the full value of

which is to be absolutely forfeited to the Municipal Corporation Gurgaon

Div-WSS or its successor in office without prejudice to any other rights or

remedies of the said Municipal Corporation Gurgaon Div-WSS or its

successor in office. Should I/We fail to commence the work specified in

the above memorandum the said sum of Rs.80 LACS shall be retained by

the Municipal Corporation Gurgaon Div-WSS, Gurgaon on account of the

security deposit specified in Clause I of the said conditions of contract

should I/We withdraw or modify the tender within three calendar months

from the date of opening of tender, my/our earnest money will stand

forfeited to the side of Municipal Corporation Gurgaon and in both

……………………………The above tender is hereby accepted by me for and on

behalf of Govt of Haryana. Dated the ………………..Day of ………………….2014




CONDITIONS OFCONTRACT

This will bethe

same

percentage as

that in the

tender

Clause – 1

The person/persons whose tender may be accepted

(hereinafter called the Contractor) shall permit the Executive

Engineer, Municipal Corporation Gurgaon Div-WSS hereinafter

called the Engineer-in-charge at the time of making any

payment to him for work done under the Contract to deduct

such sum as well (with the earnest money deposited by him)

amount to five percent of all moneys so payable. Such

deductions to be held by Government by way of security

deposits.




Compensationof

Delay

Clause – 2

The time allowed for carrying out the work as entered in the

tender shall be strictly observed by the Contractor, and shall

be reckoned from the date on which the order to commence

work is given to the Contractor. The work shall throughout the

stipulated period of the Contract be proceeded with all due

diligence (time being deemed to be the essence of the

Contract on the part of the Contractor) and the Contractor

shall pay as compensation an amount equal to one percent

which the Engineer-in-Charge may levy on the amount of the

estimated cost of the whole work as shown by the tender for

every day that the work remains un commenced or

unfinished, after the proper dates and further, to ensure

good progress during the execution of work the Contractor

shall be bound, in all cases in which the time allowed for any

work exceeds one month to complete one-fourth of the whole

of the work before one-fourth of the whole time allowed under

the Contract has elapsed, one-half of the work before one-half

of such time has elapsed and three-fourth of the work before

three-fourth of such time has elapsed. In the event of

the contractor failing to comply with his condition he shall be

liable to pay as compensation an amount equal to one percent

which the Engineer-in-Charge, may levy on the said estimated

cost of the whole work for every day that due quantity of

work remains incomplete provided always that the amount

of compensation to be paid under the provisions of this

Clause, shall not exceed ten percent of the estimated cost of

the work as shown in the tender. The Superintending

Engineer on representation in writing for the Contractor may

reduce the amount of compensation and his decision in writing

shall be final.




Clause – 3

In any case in which under any Clause or Clauses ofthis Contract, the contractor shall have rendered himselfliable to pay compensation the Executive Engineer onbehalf of the as best suited in the interest of

Government shall have power to adopt any of the followingcourses, as he may deem best suited to the interests ofMunicipal Corporation Gurgaon.

Action whenwhole

security

deposit is

forfeited

To rescind the Contract (of which rescission notice in written tothe Contractor under the hand of the Engineer-in-Charge shallbe conclusive evidence) and in which case the security of theContractor shall stand forfeited and be absolutely at thedisposal of Government.




a) To rescind the contract (of which rescission notice inwritten to the contractor under the hand of the ExecutiveEngineer shall be conclusive evidence) and in which case thesecurity of the Contractor shall stand forfeited and beabsolutely at the disposal of Government and anyexpenses which may be incurred in excess of the sum whichwould have been paid to the original contractor if the wholework had been executed by him (of amount of which excessthe certificate in writing the Executive Engineer shall befinal and conclusive) shall be borne and paid by theoriginal contractor may be deducted from any money dueto him by Government under the contract or otherwise orfrom the proceeds of sale of its property or a sufficientpart thereof.b) To employ labor paid by the Municipal Corporation & to

supply material to carry out the work or & part of thework debiting the contractor with the cost of the labor &the price of the materials (of the amount of which cost &price a certificate of the Executive Engineer shall be final& conclusive, against the contractor) & crediting him withthe value of the work done, in all respects in the samemanner and at the same rates as if it had been carriedout by the contractor under the terms of his contract thecertificate of Executive Engineer as to the value of thework done shall be final & conclusive against thecontractor.

c) To measure up the work of the contractor, & to takesuch part there of as shall be unexecuted out of his hands& to give to another contractor to complete, in which case& expenses which may be incurred in excess of the sumwhich would have been paid to the original contractor ofthe whole work had been executed by him (of theamount of which excess the certificate in writing of theExecutive Engineer shall be final & conclusive) shall beborne & paid by the original contractor & may bededucted from any money due to him by Governmentunder the contract or otherwise or from his securitydeposit.




In the event of any of the above courses being adopted bythe Executive Engineer, the contractor shall have no claimto compensation for any loss sustained by reason of hishaving purchased or procured and materials, or enteredinto any engagement for made advances on account or witha view to the execution of the work or the performance ofthe contract. And in case the contract shall be rescind underthe provision aforesaid the contractor shall not be entitled torecover or paid any sum for any work therefore, actuallyperformed under it is contract unless & until the ExecutiveEngineer will have certified in writing the performance ofsuch work & the value payable in respect thereof, & be shallonly be entitled to be paid the value so certified.

Clause – 4: -In any case in which any of the powers conferred uponExecutive Engineer by clause 3 hereof shall have becomeexercisable & the same shall not be exercised, the notexercise thereof shall not constitute a waiver of any ofthe conditions hereof & such powers shall not withstandingbe exercisable in the event of any future case of default bythe contractor for which by any clause or clauses thereof, heis declared liable to pay compensation amounting to thewhole of this security deposit & the liability of thecontractor for past & future compensation shall remainunaffected. In the event of the Executive Engineer puttingin force either of power (a) or (c) vested in him under thepreceding clause he may, if he of desires, take possessionof all or any tools, plant, materials & stores in or upon theworks, or the site there of belonging to the contractor ofprocured by him intended to be used for execution of thework or any part thereof paying or allowing for the same inaccount at the contract rates, or in case of thee not beingapplicable & correct market rates to be certified by theExecutive Engineer whose certificate there of shall be final,otherwise the Executive Engineer may be notice in writingto the contractor or his clerk’s of the works, foreman orother authorized agent require him to remove such tools,plant materials or sores from the premises within a timeto be specified in such notice and the event of thecontractor failing to comply with any such requisition. TheExecutive Engineer may remove them at the contractor’sexpenses or sell them by action or private sale, on accountof the contractor & at his risk in all respect & the certificateof Executive Engineer as to the expense for any suchremoval & the amount of the proceeds & expense of anysuch sale shall be final and conclusive against thecontractor.

Contractor

remains liable

to pay,

compensation

if action not

taken under

clause –3

Power to

take

possession

of or require

removal of

or sell

contractor’s

plant,




Clause – 5: -

If the contractor shall desire an extension of the time for

completion of the work on the ground of his having been

unavoidable hindered in its execution or on any other

ground of his having unavoidable hindered in its execution

or any other ground, he shall apply in writing to the

Superintending Engineer, Municipal Corporation Gurgaon

through the Executive Engineer, Municipal Corporation

Gurgaon Div-wss, Gurgaon within 30 days of the date of

hindrance but before the expiry of the contractual period

on account of which he desires such extension as

aforesaid, but before the expiry of contract period &

the Executive Engineer / Superintending Engineer shall in his

opinion (which shall be final) reasonable ground be shown

therefore authorize such extension of time if any as may, in

his opinion be necessary or proper.

Extension of

time




Contractor to

submit

retur

ns every

months

Clause 5 (a) – The Contractor shall deliver in theoffice of the Executive

Engineer, on or before the 10th day of every month

during continuance of the work covered by this contract, a

return showing details of any work claimed or as a return

showing details of any work claimed as extra & as such

return shall contain the value of such work as claimed by

the Contract, which value shall be based upon the rates

and prices mentioned in the Contract or in the schedule of

rates in force in the district for the time being. The

Contractor shall include in such monthly return particulars

of all claims of whatever kind and however arising

which at the date thereof he has or may claim to

have against the Executive Engineer under or in respect

of, or any manner arising out of the execution of work

and the Contractor shall be deemed to have waived all

claims not included in such return will have no right to

enforce any such claims not so included whatsoever be the

circumstances.




FinalCertificate

Clause – 6 – Without prejudice to the rights ofGovernment under any Clause hereinafter contained oncompletion of the works, the Contractor shall befurnished with a certificate by the Executive Engineer(hereinafter called the Engineer-in-charge) of suchcompletion, but no such certificate shall be given, not shallthe work be considered to be complete until theContractor shall have removed from the premises on whichthe work shall be executed all scaffolding, surplus materialsand rubbish and cleaned off the dirt from all wood works,doors, windows, walls, floors or other parts of any building,in upon or about with the work to be executed, or of whichhe may have had possession for the purpose of theexecution thereof and the measurements in the saidcertificate shall be binding and conclusive against theContractor, if the Contractor shall fail to comply with therequirements of this Clause as to removal of scaffoldingsurplus materials and rubbish and cleaning off dirt on orbefore the date fixed for the completion of the work, theEngineer-in-charge may at the expense of the contractorremove such scaffolding, surplus materials & rubbish anddispose off the same as he think and clean off such dirtaforesaid; and the Contractor shall forthwith pay theamount of all expense so incurred and shall have no claim inrespect of any such scaffolding or surplus materials asaforesaid except for any sum actually realized by the salethereof less any expenses by the Engineer-in-Charge inconnection there with.




Payment on

intermediate

certificate

to be

regarded as

advances

Clause 7 - No payment shall be made for work estimatedto cost less than one thousand, till after the whole ofthe works shall have been completed and a certificateof completion given. But in case of works estimate to costmore than One thousand the Contractor shall besubmitting the bill thereof be entitled to receive a monthlypayment proportionate to the part thereof then approved& passed by the Engineer-in-Charge whose certificate ofsuch approval and passing of the sum so payable shall befinal and conclusive against the Contractor. But all suchintermediate payments shall be regarded as payments byways of advance against the final payments only and not aspayments for work actually done and completed and shallnot preclude the requiring of bad, unsounded and imperfector unskillful work to be removed and taken away andreconstructed or re-erected, or be considered as anadmission of the due performance of the Contract or anypart thereof in any respect, or the accruing of any claim,nor shall it conclude or any of them as to the finalsettlement & adjustments of the account or otherwise or inany other way or vary or affects the contract. Thefinal bill shall be submitted by the Contractor within onemonth of the date fixed for completion of the workotherwise the Engineer-in-Charge’s certificate of themeasurement and of the total amount payable for the workaccordingly shall be final and binding on all parties.

Clause 7 (a) -

The deductions referred to in Clause 1 herein before orsuch part thereof as may be due to the Contractor underthis Contract shall be payable to the Contractor as under: -a) 50 % of the Security Deposit shall be payable to

contractor after testing & commissioning of the plantincluding trial run for a period of 3 months or tillprescribed parameters are attained (whichever is later).b) 50% of the balance security deposit shall be payableto the contractor in equal amount in a period of 6months after successful trial run and attaining ofconsistence prescribed parameters against submission ofperformance guarantee @ 5% for operation &maintenance valid for 10 years.




c) 100% of the performance guarantee amount shall be

released after the expiry of operation & maintenance

period performance after 10 year.

Clause 8- A bill shall be submitted by the contractor each

month on or before the date fixed by the Engineer-in-charge

for all work executed in the previous month & the

Engineer-in-charge shall take or cause to be taken

the requisite measurement for the purpose of having the

same verified & the claim as far as admissible; adjusted if

possible, before the expiry of ten days from the

presentation of the bill. If the contractor does not submit

the bill within the time fixed as aforesaid, the Engineer-in-

charge may depute a subordinate to measure up the said

work in the presence of the Contractor, whose counter

signature to the measurement list will be sufficient warrant

& Engineer-in-charge may prepare a bill from such list which

shall be binding on the contractor in all respects.

Bill to be

submitted

monthly

Clause 9: - The contractor shall submit all bills in triplicate

on printed forms to be had on application from the office of

the Engineer-in-charge, & the charge in the bill shall always

be entered at the rate specified in the tender or in the case

of any extra works ordered in pursuance of those

conditions, & not mentioned or provided for in the tender

at the rates hereinafter provided for such works.

Bill to beon

printedforms




Clause 10: - If the specification estimate of the workprovide for the use of any special description of materialsto be supplied from Engineer-in-charge’s store or if it isrequired that the contractor shall use certain stores to beprovided by the Engineer-in-charge (Such materials andstores, and the prices to be charged therefore ashereinafter mentioned being so far as practicable for theconvenience of the contractor but not so as in any way tocontrol the meaning or effect to this contract specified in theschedule or memorandum hereto annexed), the contractorshall be supplied with such materials & stores requiredfrom time to time to be used by him for the purpose of thecontract only, & the value of the full quantity of materials &stores so supplied to the rates specified in, the said scheduleor memorandum may be set off or deducted from any sumsthen due, or hereafter to become due to the contractorunder the contract, or otherwise, against or from thesecurity deposit or the proceeds of sale thereof if the same isheld in Government securities the same of the sufficientportion thereof being in this case sold for the purpose. Allmaterial supplied to the Contractor shall remain the propertyof the Contractor but shall not on any account be removedfrom the site of the work without the written permission ofthe Engineer-in-charge, & shall at all times be opened toinspection by him. Any such materials unused and inperfectly good condition at the time of the completion of theContract, shall be returned to the Engineer-in-charge’s storeif by a notice written under his hand he shall orrequire, but the contractor shall not be entitled to returnany such materials unless with such consent and shall haveno claims for compensation on account of any suchmaterials so supplied to him as aforesaid being unused byhim, or for any wastage in or damage to any such materials.

Storessupplied

byth

e

Government.




Clause – 11: - The contractor shall execute the whole &every part of the work in the most substantial & workmanlike manner & both as regard materials and otherwiseevery respect in strict accordance with the Haryana PWDspecifications or otherwise as may be specifically providedfor, the contractor shall also confirm exactly, fully &faithfully to the designs, drawings, and instructions inwriting relating to the works signed by the Engineer-in-charge & lodged in the office & to which the contractor shallbe entitled to access, at such office or on the site of the workfor the purpose of Inspection during office hours and thecontractor shall, if he so requires be entitled at his ownexpense to make or cause to be made copies of thespecifications & of all such designs, drawings andinstructions as aforesaid.

Works to be

executed in

accordance

with

specifications,

drawings,

orders etc.

Clause 11 (a): - The Engineer-in-charge shall have fullpowers at all times to objects to employment of anyworkman, foreman or other employee on the works by thecontractor, and if the contractor shall receive notice inwriting from the Engineer-in-charge requesting theremoval of any such man or men from the work, thecontractor to comply with the request forthwith.No such workman, foreman or other employee after hisremoval from the works by the Engineer-in-charge shall bere-employed or re-instated on the works by the contractorat any time except with the previous approval inwriting of the Engineer-in-charge.

Removal

of employees,

workmen and

foremen.

The contractor shall not be entitled to demand the reasonfrom the Engineer-in- charge for requiring the removal ofany such workman, foreman, or other employee.




Alterations

in specifications

& design do

not invalid

contracts.

Extension oftime inconsequenceof alterations.

Rates for works

not in

estimate or

schedule of rates

of the district.

Clause – 12: - The Engineer-in-charge shall havepower to make any alteration or omissions or additions to,or substitutions for the original specifications, drawingsdesigns & instruction, that may appear to him to benecessary or advisable during the progress of the work &the contractor shall be bound to carry out the work inaccordance with any instructions which may be given to himin writing signed by the Engineer-in-charge & suchalteration, omissions, additions or substitutions shall notinvalidate the contract, & any altered, additional orsubstituted work which the contractor may be directed to doin the manner above specified as part of the work shall becarried out by the contractor on the same conditions in allrespects on which he agreed to do the main work, & at thesame rates as specified in the tender for the main work.The time for the completion of the works shall be extendedin the proportion that the altered additional or substitutedwork bears to the original contract work, & the certificateof the Engineer-in-charge shall be conclusive as to suchproportion. And if the altered, additional of substituted workincludes any class of work, for which no rate is specified inthis contract, then such class of work shall be carried out atthe rates entered in the schedule of item of the district,subject to the same percentage above or below as for theitems included in the contract, & if such class or work is notentered in the schedule of item of the district then thecontractor shall within seven days of the date of his receiptof the order to carry out the work inform the Engineer-in-charge if does not agree to his rate, he shall give notice inwriting be at liberty to cancel his order to carry out suchclass of work, & arrange to carry to out in such manner ashe may consider advisable, provide always that thecontractor or shall commence work or incur anyexpenditure in regard thereto before the rates shall havebeen determined as lastly herein before mentioned, than& in such case he shall have been determined as lastlyherein before mentioned, than & in such case he shall onlybe entitled to be paid in respect of the work carried out orexpenditure incurred by him prior to the date of thedetermination of the rates as aforesaid according to suchrate or rates as shall be fixed by Engineer-in- charge. In theevent of a dispute the decision of the SuperintendingEngineer, Municipal Corporation Gurgaon shall be final.




Nocompensa

tion

for alteration

in

restriction of

work to be

carried out.

Clause 13: - If at any time after thecommencement of the work, the Government shall forany reason whatsoever not require the whole workthereof as specified in the tender to be carried out, theEngineer-in-charge shall give notice in writing of the fact tothe contractor who shall have no claim to any paymentcompensation, whatsoever on account of any profit oradvantage, which he might have derived from execution ofthe work in full but which he did not derive in consequenceof the full amount of the work not having been carried out,neither shall have any claim for compensation by reason ofany alteration having been made in the original specification,drawings, design & instructions which shall invoice anycurtailment of the work as originally contemplated.

Action &

compensation

payable in

case of bad

work.

Clause 14: - If it shall appear to the Engineer-in-charge orhis subordinate in charge of the work, that any work hasbeen executed with unsound, imperfect or unskillfulworkmanship or with material of any inferior description orthat any materials or articles provided by him for theexecution of the work are unsound or of a quality inferiorto the contracted for, or otherwise not in accordancewith the contract, the contractor shall on demand, in writingfrom Engineer-in-charge specifying the work materials orarticles complained of notwithstanding that the same mayhave been inadvertently passed certified & paid forforthwith rectify, or remove & reconstruct the work sospecified in whole or in part as the case may require or asthe case may be, remove the materials or articles sospecified & provide other proper & suitable material orarticles at his own proper charge & cost & in the event of hisfailing to do so within a period to be specified by theEngineer-in-charge in his demand aforesaid, then thecontractor shall be liable to pay compensation to the rate ofone percent of the amount of the estimated cost ofwork covered by this contract for every day not exceeding10 days, while his failure to do so shall continue & in case ofany such failure the Engineer-in-charge may rectify orremove & re-execute the work remove & replace withother materials or articles complained of as the case mayat the risk & expense in all respects of the contractor.




Clause 15: - All works under or in course of execution or

executed in pursuance of the contract shall at all times be

open to the inspection & supervision of the Engineer-in-

charge and his subordinates and the contractor shall at

all times, during the usual working hours, and at all other

times at which reasonable notice of the intention of the

Engineer-in-charge or his subordinate to visit the work shall

have been given to the contractor, either himself be present

for that purpose order given to the contractor’s agent shall

be considered to have the same force as if they had been

given to the contractor himself.

Work to be

open to

Inspection

and Contractor

or responsible

agent tobe

present.

Clause 16: - The contractor shall give not less than five

days’ notice in writing to the Engineer-in-charge or his

subordinate –in-charge of the work before covering up or

otherwise placing beyond the reach of measurement any

work in order that same may be measured & contract

dimensions thereof be taken before the same is so covered

up or placed beyond the reach of measurement & shall not

cover or place beyond the reach of measurement any work

without the consent in writing of the Engineer-in-charge or

his subordinate –in-charge of the work, & if any work shall

be covered up or placed in behind the reach of

measurement without such notice having been given or

consent obtained, the same shall be uncovered at the

contractor expense, or in default thereof no payment or

allowance shall be made for such work or the materials with

which the same was executed.

Notice to be

given before

work is

covered up.




Clause –17: - If the contractor or his work people or hisservants shall break, deface, injure or destroy any part of abuilding in which they may be working or any building,road, fence, enclosure or grassland cultivated groundcontinuous to the premises on which the work or any partof it is being executed, or if any damage shall happen tothe work while in progress from any cause whatever or anyimperfections become apparent in three month after thecertificate final or other of its completions shall have beengiven by Engineer-in-charge as aforesaid the contractorshall make the same good at his own expense or indefault the Engineer-in-charge may cause the same to bemade good by other workman, & deduct the expense (ofwhich the certificate of the Engineer-in-charge shall befinal) from any sums that may be then, or at any timethereafter may become due to the contractor or from hissecurity deposit or, of a sufficient portion thereof.

Contractorliable

for damagedone

& for

imperfections

for 3months

after

certificate.




Clause-18: - The contractor shall supply at his own cost allmaterial except such special materials if any may inaccordance with the contract be supplied from the Engineer-in-charge’s stores plants, tools appliances, implements,ladders, tackle, scaffolding & temporary works, requisiteor proper execution of the work, whether original, alteredor substituted & whether included in the specifications orother documents forming part of the contract or referred toin these conditions or not, or which may be necessary forthe purpose of satisfying or complying with therequirements of the Engineer-in-charge as to any matteras to which under those conditions he is entitled to besatisfied or which he is entitled to require together withcarriage therefore to & from the work. The contractor shallalso supply without charging the requisite number ofpersons with the means & material necessary for thepurpose of setting out works & counting, weighing &assisting in this measurement of examination at any time &form time of the work or material, failing which the samemay be provided by the Engineer-in-charge at the expenseof the contractor & the expense may be deducted fromany money due to the contractor under the contract, orfrom his security deposit or the proceed of sale thereof,or of a sufficient portion thereof the contractor shall alsoprovide all necessary fencing & lights required toprotect, the public from accident & shall be bound to bearthe expenses of defense or every suit, action or otherproceedings at law that may be brought by any person forinjury sustained due to neglect of the above precautions, &to pay any damages & cost which may be awarded in anysuch suit, action or proceedings to any such persons orwhich may with the consent of the contractor be paid tocompromise any claim by any such person.

Contractor to

supply ladders,

plant,

scaffoldingetc.

And beliable fordamagesarising fromnon-provisionof lightsfencings etc.

Clause-18 A: - The final bill of the contractor shall not bepaid unless or until he furnishes to the satisfaction of theEngineer – in – Charge a proof of the proof of the earthused for the works having been fully paid to the owner of theland from which the earth was removed or of the matterhaving been amicably settled with them.The contractor shall also be liable to indemnify thegovernment against all claims made proceedings & actiontaken by any person in respect of the price of earth removedby the contractor from his land for the work against alllosses, damages, cost & expenses which the governmentmay suffer or incur as a result of such claims.




Labor Clause 19 A: - No laborer below the age of 18 years shall

be employed on the work.

Clause 19 (b): - The contractor shall pay his laborer not

less than the wages determined under minimum wages act

for the District.

Work onSunday

Clause 20: - No work shall be done on Sunday without the

sanction in writing of Engineer-in-charge.

Contractorliable

for paymentof

compensationto injuredworkmen or incase of deathto his relations

Clause 20 A: - In every case in which by virtue of theprovisions of Section 12, sub section (1) of the workman’scompensation Act, 1923 The Government is obliged to paycompensation to workman employed by the contractor, inexecution of works The Government will recover fromthe contractor the amount of the compensation so paid &without prejudice to the right of the government underSection 12, sub section (2), of the said Act, the governmentshall be at liberty to recover such amount or any partthereof by deducting it from the security deposit or fromany sum due by The government to the contractorwhether under this contract or otherwise.

. The Government shall not be bound to contest any claimmade against it under section 12 sub section (1) of the saidact except on the written request of the contractor & upon hisgiving request to Government full security for all costs forwhich Government might become liable in consequence ofcontesting such claims.




Works not tobe sublet.Contract maybe rescind &securitydepositforfeited forsublettingbribing or ifcontractorbecomesinsolvent.

Clause 21: - The contract shall not be assigned or sublet

without the written approval of the Engineer-in-charge.

And if the contractor shall reassign or sublet his contract or

attempt to do so or become insolvent or commence any

insolvency proceedings or make any compensation with

his creditors or attempts so to do or if any bribe gratuity,

gift, loan, perquisite, reward or advantage, pecuniary or

otherwise shall either directly or indirectly be given, promised

or offered by the contractor or any of his servants or agents

to any public officer or person in the employment of

Government in any way relating to his office for employment

or if any such officer or person shall becomes in any way

directly or indirectly in the contract, the Engineer-in-

charge may thereupon by notice in writing rescind the

contract & the security deposit of contractor shall thereupon

stand forfeited & be absolutely at the disposal of Government

& the same consequences shall ensure as if the contract has

been rescinded under clause 3 hereof & in addition the

contractor shall not be entitled to recover or be paid for any

work therefore actually performed under the contract.




Sum payableby

way of

compensation to

be considered

as

reasonable

compensation

without reference

to actual loss.

Deductions of

amounts due to

The Government on

any account

whatsoever to be

permissible from

sums payable to a

contractor

Clause 22: - All sums payable by way ofcompensation under any of these

conditions shall be considered as reasonable

compensation to be applied to the use of Government

without reference to the actual loss or damage

sustained & whether or not any damage shall have

been sustained.

Clause 22-A: - Any excess payment made to the

contractor inadvertently or otherwise under this

contract or on any account whatsoever & any other

sum found to be due to the Government by the

contractor in respect of his contract or any other

contract or work order of any to account may be

deducted from any sum whatsoever, payable by

the Government the contractor either in respect of

this contract or any other work order or by any other

account by any other department of the Government.

Changes in

constitution of firm

Clause 23: - In the case of tender by partners any

change in the constitution of the firm shall be

forthwith notified by the Contractor to the

Engineer-in- Charge for his information.




Work to be

under direction

of

Superintending

Engineer.

Claims for paymentof an extraordinary

nature to bereferred toGovernment fordecisions.

Clause 24: - All works to be executed under the

Contract shall be executed under the direction

and subject to the approval in all respects of

the Superintending Engineer of the Circle for the

time being who shall be entitled to direct at what

point and in what manner they are to be commenced

& from time to time carried on.

Clause 25: - No claim for payment of an

extraordinary nature, such as claim for a bonus for

extra employed in completing the work before the

expiry of the Contractual period at the request of the

Engineer-in-Charge or claims for compensation where

work has been temporarily brought to a standstill

through no fault of the Contractor, shall be allowed

unless and to the extent that the same shall have

been expressly sanctioned by the Government

under the signatures of one of its secretaries.




ARBITRATION CLAUSEClause 25 A: –1. If any question difference or objection whatsoever shall

arise in any way between the Governor of Haryana / hisauthorized agent and the contractor in connection with orarising out of the contract, or the execution of the workthat in (I) whether before its commencement or duringthe progress of the work or after its completion. (ii) Andwhether before or after the termination, abandonment orbreach of the contract, it shall in the first instance bereferred to for being settled by the ExecutiveEngineer-in- charge of the work at the work at the timeand he shall within a period of sixty days after beingrequested in writing by the contractor to do so,convey his decision to the contractor, and subject toarbitration as hereinafter provided, such decision inrespect of every matter so referred, shall be final andbinding upon the contractor. In case the work is alreadyin progress, the contractor will proceed with the executionof the work on receipt of the decision by the ExecutiveEngineer-in-charge as aforesaid, with all due diligencewhether he or the Governor of Haryana / hisauthorized agent requires arbitration as hereinafterprovided or not. If the Executive Engineer-in-charge of thework has conveyed his decision to the contractor and noclaim to arbitration has been filed with him by thecontractor within a period of sixty days from the receipt ofletter communicating the decision, the said decision shallbe final and binding upon the contractor and will not be asubject matter of arbitration at all. If the ExecutiveEngineer in charge of the work fails to convey his decisionwithin a period of sixty days, after being requestedas aforesaid the contractor may, within further sixtydays of the expiry of first sixty days from the date onwhich request has been made to the Executive Engineer-in-charge request the Engineer in Chief, that thematters in dispute be referred to arbitration ashereinafter provided.

2. All disputes of differences in respect of which the decisionis not final and conclusive shall at the request in writing ofeither party, made in a communication sent throughRegistered A.D. post, be referred to the sole arbitration of anyserving

Tender Document for Construction of 50 MLD STP Gurgaon Vol–I



Superintending Engineer or Chief Engineer of Municipal Corporation

Gurgaon Haryana at the relevant time. It will be no objection to any such

appointment that the arbitrator so appointed is a Government servant or

that he had to deal with the matters to which the contract relates and that

in the course of his duties as a Government servant, he had expressed

his views on all or any of the matters in dispute. The Arbitrator to whom

the matter is originally referred being transferred or vacating his office, his

successor-in-office, as such shall be entitled to proceed with the reference

from the stage at which it was left by his predecessor. In case the arbitrator

nominated by the Chief Engineer is unable or unwilling to act as such for

any reason, whatsoever, the Chief Engineer shall be competent to

appoint and nominate any other Superintending Engineer or Chief

Engineer, as the case may be, as arbitrator his place and the

Arbitrator so appointed shall be entitled to proceed with the reference.

3. It is also a term of this arbitration agreement that no person other

than a person appointed by the Chief/Superintending Engineer Municipal

Corporation Gurgaon shall act as arbitrator and if for any reason that is not

possible, the matter shall not be referred to arbitration at all. In all cases

where the aggregate amount awarded exceeds Rs. 25000.00 (Rupees

Twenty Five thousand only) the arbitrator must invariably give reasons for

his award in respect of each claim and counter-claim separately.

4. The arbitrator shall award separately giving his award against each

claim and dispute raised by either party including any counter-

claims individually and that any lump-sum award shall not be legally

enforceable.

5. The following matters shall not lie within the purview of arbitration:

(a) Any dispute relating to the levy of compensation as liquidated

damages, which has already been referred to the Superintending

Engineer and is being heard or / and has been finally decided by the

Superintending Engineer in charge of the work.




(b) Any dispute in respect of substituted, altered, additional work /

omitted work / defective work referred by the contractor for the decision of

the Superintending Engineer In charge of the work if it is being 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 abandonment that has been

referred by the contractor for the decision of the

Government of Haryana and has been so decided

finally by the Municipal Corporation Gurgaon.

6. The independent claim of the party other than the one

getting the arbitrator appointed, as also the

arbitrator notwithstanding will entertain counter-

claims of any party that the arbitrator has been

appointed at the instance of the other party.

7. It is also a term of this arbitration agreement that

where the party invoking arbitration is the

contractor, no reference for arbitration shall be

maintainable unless the contractor, furnishes to the full

satisfaction of the Executive Engineer In charge of

the work, a security deposit of a sum determined

according to details given below and the sum so

deposited shall, on the termination of the arbitration

proceedings, be adjusted against the cost, if any,

awarded by the arbitrator against the claimant party

and the balance remaining after such adjustment in

the absence of any such cost being awarded, the

whole of the sum will be refunded to him within one

month from the date of the award.

Amount of Claims Rate of securitydeposited

i. For claims below Rs. 10,000 2% ofamount claimed

ii. For claims of Rs. 10,000 and above 5 % of amountclaimed and below Rs.100,000




iii. For claims of Rs. 1,00, 000 and 10 % ofamount claimed above

The stamp fee due on the award shall be payable by the

party as desired by the arbitrator and in the event of such

party’s default the stamp-fee shall be recoverable from

any other sum due to such party under this or any

other contract.

8. The venue of arbitration shall be such place or the

arbitrator in his sole discretion may fix places as. The

work under the contract shall continue during the

arbitration proceedings.

9. Neither party shall be entitled to bring a claim

for arbitration if the appointment of such arbitrator

has not been applied within six months: -

(a) Of the date of completion of the work ascertified by the Executive Engineer In charge, or

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

(c) Of its non-commencement within six monthsfrom the date of abandonment, or written orders tocommence the work as applicable, or

(d) Of the completion of the work through any

alternative agency or means after withdrawal of the work

from the contractor in whole or in part and/or its recession,

or

(e) Of receiving intimation from the Executive Engineer In

charge of the work that final payment due to or

recovery from the contractor had been determined

which he may acknowledge and/or receive whichever of (a)

to (e) above is the latest.

If the matter is not referred to arbitration within the

period prescribed above, all the rights and claims of any




party under the contract shall deemed to have been

forfeited and absolutely barred by time even for civil

litigation notwithstanding.

1

2

.

I

f

a

l

s

10. It is also a term of this arbitration agreement that noquestion relating to this contract shall be brought beforeany Civil Court without first.

(I) Involving and completing the arbitration proceedings asabove if the scope of the arbitration specified herein coversissues that can be brought before the arbitrator i.e. anymatter that can be referred to arbitration shall not bebrought before a Civil Court. The pendency of arbitrationproceedings shall not disentitle The Government toterminate the contract and make alternative arrangementsfor the completion of the work.

11. The arbitrator shall be deemed to have entered on the

reference on the day he issues notices to the parties

fixing the first date of hearing. The arbitrator may, from

time to time, with the consent of the parties enlarge the

initial time for making and publishing the award to a term of

arbitration agreement that subject to stipulation here in

mentioned the arbitration proceedings shall be conducted in

accordance with the provisions of the Arbitration Act, 1996

or any other law in force for the time being.

Fluctuation

RailwayFreight

Clause 26(a): -

Any fluctuations in Railways rates which may occur during the

subsistence of and affecting freights of any materials to be

supplied under this contract shall be brought to the notice of

the “Engineer-in-charge” by the contractor within Fifteen (15)

days, from as such without prejudice to the right of The

Government should the contractor failed to comply

with the above requirements any excess or short charge

on account of such increase or decrease shall be

admissible




in consequence of fluctuation in railway freight whensuch railway freight is on account of material which isrequired by a contractor in the manufacture of an articleto be supplied under this contract e.g., fluctuations ofrailway freight on coal required for burning bricks will notbe taken into consideration, or for an article whichform part of a finished work, for purposes of this clauseor similarly no alteration in rates will be allowed whenmanufactured articles are transported by rail from placeA to place B to form part of finished work.

Clause 27: -

The contractor shall be responsible for making his

own arrangements for securing priorities & licenses for

material & transportation require for the works &

Engineer – in – charge shall not be held responsible in any

way for making such arrangements for any of them.

Action where

no

specification

Clause 28: -

In the case of any clause of work for which there is no

such specification as is mentioned in rule 1, such work

shall be carried out in accordance with the district

specifications and in the event of there being no district

specification, then in such cases the work shall be

carried out in all respects in accordance with the

instructions and requirements of the Engineer-in-Charge.




Definition ofwork

Clause 29: -

The expression “Work” or “Works” where used in

these conditions shall, unless there be something either

in the subject or context repugnant to such constructions

be constructed and taken to mean the work by or by virtue

of the contract contracted to be executed whether

temporary or permanent and whether original, altered,

substituted or additional.

Clause – 30: -

The Lump sum referred to Volume III of the tender will be

calculated on the gross amount value of finished

work including cost of materials whether purchased

from The Government or direct of (1) the items of works

to which the rates in the tender apply any also (2) the

items of work to which rates exist in the schedule of rates

of the districts.

Clause – 31: -

The terms and conditions of the agreement have beenexplained to me / us and

I / we clearly understand them.

ADDITIONAL CLAUSE Clause 32

The contractor states that he is not related to any of

the officers employed by the Municipal Corporation

Gurgaon.

Clause 33

No pit shall be dug by the contractor near the site of the

work for taking out earth for use on the work. In case of

default, the department at the cost of the contractor will




fill in the pit so dug at the cost of the contractor.

Clause 34

Fair wages clause attached.

Clause 35

The contractor shall have to pay sales tax to Excise and

Taxation Department in accordance with the rules in force

time to time.

Clause 36

All payment for work done under this contract shall be

made by cheque to the contractor. The work covered by

this contract as shown on the plans, which have been

signed by the contractor, is annexed herewith.

Clause 37

Should the tenderer withdraw or modify his tender afteropening the Envelope ‘B’ containing rates of tender he isliable to be black listed and earnest money forfeited.Clause 38

All royalty and compensation for building stone, bajri,

and stone metal etc. should be included in the rates to be

quoted and is payable by the contractor.

Clause 39The rates given are for the finished work inclusive ofoctroi, sales tax & excise duty etc. if any.

Clause 40

It will be the responsibility of the contractor to ensure

that all trees at the site of work and in the vicinity or

their fruit etc. are not damaged by his labour or agent

assessed at the cost of such damage, if any, will be at

the discretion of the Engineer-in-Charge and deducted

from the bill of the Contractor.

Clause 41

The contractor shall provide at his own cost separate




latrine, bathing, enclosure and platform for use of the men

and women labour and keep them clean to the satisfaction

of the Engineer-in-Charge. He should also arrange at

his own expense for clean drinking water, housing,

medical facilities necessary for the welfare of the labour

employed at his work. In case of his failure The

Government shall provide the same at contractor’s cost.

Any dispute regarding this will be settled by the Engineer-

in-Charge whose decision will be binding

Clause 42

Any material left at the site of work after one month

from the completion of the work shall become a property

of the Govt. and no payment shall be made for it.




Clause 43

The amount of work can be increased or decreased

according to the requirement of the department and no

claim whatsoever on this account will be entertained.

Clause 44

The Department reserves option to take away any items

of the work or part thereof any time during the currency

of the contract and re-allot it to another agency with due

notice to contractor without liability or compensation.

Clause 45

It is not obligatory on the contractor to employ labour

through employment exchange but he may avail the

facilities offered by the Employment Exchange in case he

wises to do so.

Clause 46

No claim on account of fluctuation in prices 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 the moment of the stores;

pipes and fitting etc. are handed over to his charge.

Clause 48

No compensation whatever will be payable on account of

any delay or default in the supply of material mentioned

in the “list of material to be issued to the contractor” by

the Department and consequent delay in the execution of

work.

Clause 49




The contractor will inform the CMO about the employment

of labourer on the work for carrying out Malaria

Surveillance.

Clause 50

No premium shall be payable on non-schedule items.

Whether depicted in enclosed schedule of rates or not.

Contractor will quote his separate rates as depicted in the

tender form.

Clause 51

Sales tax / Income Tax will be deducted fromgross payment as per Government instructions.

Labour cess charges @ 1% will be deducted from grosspayment.

Clause 53

Excise exemption certificate can be issue if applicable at therisk & cost of bidder.

Clause 52




FAIR WAGES CLAUSES

a. The contractor shall pay not less than the fair wageto labour engaged by him on the work. Explanation: -Fair wage means wage whether for time or piece ofwork notified at the time of inviting tenders of thework and where such wages have not been so notified,the wages prescribed by the Municipal CorporationGurgaon for the district in which the work is done.

b. The contractor shall, notwithstanding the provisionsof any agreement to the contrary, caused to be paidfair wages to labourers, indirectly engaged on thework including any labour engaged by his subcontractors in connection with the said work, as ifthe labourers had been directly employed by him.

c. In respect of labour directly or indirectly employed onthe works for the performances of the contractor’s partof this agreement the contractor shall comply with orcause to be complied with Haryana Public worksDepartment Contractor’s Labour’s Regulation made byThe Government from time to time in regard topayment of wages, period deductions unauthorizedmade maintenance of wage work, wage slippublication of wages and other terms ofemployment, inspection and submission of periodicalreturns and all other matter of a like nature.

d. The Executive Engineer or Sub Divisional Engineerconcerned shall have the right to deduct, from themoneys due to the contractor, any sum required orestimated to be required for making good the losssuffered by a worker or workers by reason of nonfulfillment of the conditions of the contract for benefitof the workers, nonpayment of wages or deductionsmade from his or their wages, which are not justifiedby the terms of the contract for non observance ofthe regulations referred to in Clause c above.

e. Vis-à-vis the Haryana Government, the contractor,shall be primarily liable for all payments to be madeunder and for the observance of the regulationsaforesaid without prejudice to his right to claimindemnity from his sub contractors




f. The regulations aforesaid shall be deemed to be a part ofthis contract.

g. The contractor should invariably issue attendance

card to their worker, which should be returned to

the contractors concerned at the time of receiving

payment of their wages.

h. Before making payment to the contractors the

authorities concerned should obtain certificate from the

contractors that he has made payment to all the

workers connected with the execution of the work of

which the payment is being made.

i. Contractors employing 50 or more workers on the site

of a particular work should provide facilities of

housing, latrines, water and light to their workers

at their own expense.

j. The normal working hours of workers employed by

contractors for the execution of work allotted to them

should be 8 hours per day with a break of 2 hours

during summer, one hour, during winter after

continuous work of 4 hours at the latest. The spread

over should in no case exceed 10 hours. Workers

working beyond these hours should be paid overtime

wages at the double ordinary rate to their wages

calculated by the hour.




HARYANA PUBLIC WORKS DEPARTMENT

CONTRCTOR’S LABOUR REGULATIONS

These regulations may be called Haryana (I) Public worksdepartment Municipal Corporation contractor labor regulations.

2. DEFINITIONS

In these regulations, unless otherwise expressed or indicated, the

following words and expressions shall have the meaning hereby

assigned to them respectively, that is to say:

i) “Labour” means worker employed by a Public Works Department

Contractors directly or indirectly through a sub contractor or other

persons or by an agent on his behalf.

ii) “Fair Wages” means wages whether for time or piece work notified

at the time of inviting tenders for the work & where such wages have

not been so notified the wages prescribed by the Public Works

Department for the district in which the work is done.

iii) “Contractor” shall include every person whether a sub-contractor

or Headman or Agent, employing labour on the work taken on

contract.

iv) “Wages” shall have the same meaning as defined in the payment of

wages Act & include time and piece rate wages.

3. DISPLAY OF NOTICE REGARDING WAGES, ETC.

The Contractor shall before he commences his work on Contract,

display and correctly maintained and continue to display and correctly

maintain in a clean and legible condition in conspicuous places on the

work, notices in English and in local Indian language spoken by the

majority of the workers, giving the fair wages notified by

the Executive Engineer, Superintending Engineer, Chief Engineer or

regional Labour Commissioner as fair wages & the hours of work for

which such wage are earned a copy of sub notice to the District

Labour Welfare Officer.




4. PAYMENT OF WAGES

i) Wages due to every worker shall be paid to him direct.

ii) All wages shall be paid in current coin or currency or in both.

5. FIXATION OF WAGE PERIODS

i) The contractor shall fix the wage periods in respect of which the

wages shall be payable.

ii) No wages period shall exceed one month.

iii) Wages of every workman employed on the contract shall be paid

before expiry of ten days after the last day of the wage period in

respect of which the wages are payable.

iv) When the employment to any worker is terminated by or on behalf of

the contractor, the wages earned by him shall be paid before the

expiry of the day succeeding the one on which his employment is

terminated.

v) All payments of wages shall be made on a working day except that

the work is completed before the expiry of the wage period in which

case final payment shall be paid within 48 hours of the last working

day.

vi) Notes: The terms working day means work of day on which the

labour is employed is in progress.

6. WAGE BOOK AND WAGE SLIPS ETC:

i) The contractor shall maintain a Wage Book of each worker in such

forms as may be convenient, but the same shall include the following

particulars:

a) Rate of daily or monthly wages.

b) Nature of work on which employed.

c) Total number of days worked during each wage period.

d) Total amount payable for the work during each wage period.

e) All deductions made from the wages with an indication in each case of

the ground for which the deduction is made.

f) Wages actually paid for each wage period.

ii) The Contractor shall also maintain a wage slip for each worker




employed on the work. The wage slip shall contain all the particulars

given in the wage book.

iii) The authority competent to accept the contract may grant an

exemption from the maintenance of wage book & slips to a contractor

who in his opinion may not directly or indirectly employ more than 50

persons on the work.

7. FINE AND DEDUCTIONS WHICH MAY BE MADE FROM WAGES

1. The wages of a worker shall be paid to him without any deductions

of any kind except the following: -

a) Fines

b) Deductions for absence from duty i.e. from the place or the places

where by the terms of his employment he is required to work. The

amount of deduction shall be in proportion to the period for which

he was absent.

c) Deduction for damage to or loss of goods expressly entrusted to

the employed person for custody, or for loss of money for which he is

required to account, where such damage or loss is directly attributable

to his neglect or default.

d) Any other deduction, which the Government may from time to timeallow.

2 No fine shall be imposed on a worker and no deduction for damage or

loss shall be made from his wages until the worker has been given an

opportunity of showing cause against such fines or deductions.

3 The total amount of fines which may be imposed in any one wage

period on a worker shall not exceed equal to five paisa in a rupee of

the wage payable to him in respect of that wages period.

4 No fine imposed on a worker shall be recovered from him by

installment of after expiry of 60 days from the date on which it was

imposed.

8 REGISTER OF FINE ETC.

1. The Contractor shall maintain a register of fines and of all deductions




for damages or loss. Such register shall mention the reason for which

fine was imposed or deductions for damage or loss, which was made.

2. The contractor shall maintain a list in English and the local language

clearly defining the acts and omissions for which penalty or fine can

be imposed. He shall display such list & maintain it in a clear & legible

condition in a conspicuous place on the work.

9 PRESERVATION OF REGISTER

The wage book, the slips & the register of fine deduction, required to

be maintained under these regulations shall be preserved for 12

months after the date of last entry made in them.

10. POWERS OF LABOUR WELFARE OFFICERS TO MAKE

INVESTIGATION OR ENQUIRY

The Labour Welfare Officer or any other person authorized by the

Government on their behalf shall have power to make enquiries with a

view to ascertaining and enforcing due and proper observance of the

share wage clauses and the provisions of these regulations. He

shall investigate into any complaint regarding the default made by the

contractor or sub-contractor in regard to such provisions.

11 REPORT OF LABOUR WELFARE OFFICER

The labor welfare officer or any other persons authorized as

aforesaid shall submit report of result or his investigation or enquiry

to the Engineer-in-charge concerned indicating the extent, if any, to

which the default has been committed, and the amount of fine

recoverable in respect of acts of commission if the laborers with a

note that necessary deduction from the contractor’s bill be made and

the wages and the other dues be paid to the labourers concerned.

12. APPEALS AGAINST THE DECISION OF LABOUR WELFARE OFFICER

Any person aggrieved by the decision and recommendations of the

Labour Welfare Officer or other person so authorized may appeal,

the decision to the Regional Labour Commissioner within 30 days




from the date of decision forwarding simultaneously a copy of appeal

to the Executive Engineer concerned but subject to such appeal, the

decision of the Officer shall be final and binding upon the contractor.

13. REPRESENTATION OF THE PARTIES: -

1. The workmen shall be entitled to be represented in any

investigations, enquiry under these regulations by: -

a) Officer of the registered trade union to which he is a member.

b) An officer of Federation of trade unions to which the trade union

referred to in clause (a) if affiliated.

c) Where worker is not a member of any registered union & officer of

registered trade union connected with or any other workmen

employed in the industry in which the worker is employed.

2. An employer shall be entitled to be represented in any

investigation or enquiry under these regulations by

a) An employer of an association of employees of which he is member.

b) An officer of an association of employees to which the association

referred to in clause (a) if affiliated.

c) Where the employer is not a member of any association or

employers by an officer of an association of employers connected

with or by any other employer is engaged.

14. INSPECTION OF BOOKS

The contractor shall allow inspection of the wage books and the wage

slips & register of fines & reductions to any of his workers or to his

agent at convenient time and places after due notice is received or to

the Labour Welfare Officer or any other persons, authorized by the

Government on his behalf.

15. SUBMISSION OF RETURN

The contractor will be (Regulation & Abolition Act, 1970) & the contract

labour (Regulation & Abolition Central Rules, 1971) enforced by

Haryana labour & Employment Department memo no. 1226 – 78 –




four labour dated 10/06/79. The contractor shall submit periodical

returns as may be specified from time to time.

16. LICENSING OF CONTRACTOR

Every contract who employs or who employed any day of the

preceding 12 calendar months 23 or more workmen is covered by the

Act & is required to obtain a license. The contractor should obtain the

necessary license as required under section 12 of contract labour

(Regulation & Abolition Act, 1970) before commencing the work.

17. AMENDMENTS

The Government from time to time can amend the regulations and on

any question as to the application, interpretation or effect of

those regulations, the decision of the Labour Commissioner of

The Haryana Government or any other person authorized by The

Haryana Government in that behalf shall be final.




Additional Conditions of Contract

1. The cement will be arranged by the Contractor/Agency/Firm at his

own level. The cement shall be OPC-43 grade, duly ISI, marked and

confirming to IS-8112 with latest amendments. The cement

manufacture by Mini cement Plant shall not be used. In case

contractor is allowed by the department to use PPC cement duly

ISI marked and confirming to IS-1489 with latest amendments then

the recovery of Rs. 15/- per bag of 50 Kg. cement be made as per

notification on revision of ceiling premium date 10.11.2011.

2. The cement and steel shall be purchased from authorizedDistributor or Manufacturer or Authorized Dealer.

3. The cement arranged by the contractor/agency will be brought at site

and shall be kept in the store maintained at site, provided with

dual locking system i.e. 1st Key of lock with representative of

the Deptt. And 2nd key of lock with authorized representative of

agency.

4. The contactor / Agency will inform the Executive Engineer/ Sub

Divisional Engineer for the quantity of the cement brought at site with

bill/ challan in the name of that agency before using the same and

Executive Engineer In charge or his authorized representative may

check the actual receipt of cement at site.

5. The Engineer-in-Charge or his authorized representative may, if need

be, also send the cement for testing to any Govt. Lab/reputed Lab.

The sample of the cement will be collected as per BIS specifications in

the presence of the contractor/agency or his authorized

representatives. In case the cement is found as per ISI specification

then the cost of testing will be borne by the Deptt. but in case the

cement sample fails to meet the BIS requirements, then appropriate

action as per contractor agreement will be taken. The cost on the

testing of cement along with any loss caused to Govt. shall also be




recovered from the Contractor/Agency and no claim in this respect will

be entertained.

6. The stock of cement at site shall not be more than one-month

consumption and only sufficient quantities shall be kept to ensure

continuity of the work.

7. The cement consumption register showing date of cement

brought at site by the contractor/agency and its day-to-day

utilization will be maintained. The said register shall be open to

inspection by representatives of the Engineer-in-Charge during his visit

as site. The consumption and receipt of cement in the register shall be

initialed jointly by the authorized representative of the

contractor/agency and representative of Engineer-in-Charge. The

said register will be issued by office of concerned Sub Divisional

Engineer under his dated signature for each agreement separately.

The register will also contain the columns for work executive against

the cement issued.

8. Quality check register will be maintained at site and regular sampling

of work executive every month shall be recorded in the same.

9. The MCG, Haryana reserves the right of negotiations as per policyapproved by the state Government with the Tenderer in case theprice quoted are felt to be on higher side or otherwise. Thenegotiations will be carried out with 1st lowest contractors.

10. The Engineer-in-Charge will opt for 3rd party inspection other thanDepartment. In addition to inspection by Departmental staff. The 3rd party/PMC (Project Management Consultant) would inspect the work during itsexecution to ensure execution of work as per specification/agreement andalso quality control i.e. drawls of samples, testing and other items etc. Thereport of the same would be submitted to Engineer-in- Charge by the 3rd

party. The agency/contractor shall be bound by the report of 3rdparty inspection and shall take remedial measures for execution ofwork as per specification in agreement. The inspection and sample testingcharge will be borne by the Department.

11. The labour cess 1% of the cost of work done by contractor shall bededucted from each bill.

12. All royalties including the amount payable to Mining Department,




if any, on account of excavation etc shall be payable by the Deptt..




Additional and Special Conditions of Contract

Instruction to Bidders,Definition

In this contract as here in after defined, the following words and

expressions shall have the meanings hereby assigned to them (except

where the context requires otherwise)

1.1 ‘Owner’ means Municipal Corporation Gurgaon.

1.2 ‘Employer’ means the party named in Section 2.1.1 that will employ

the Contractor and the legal successors in title to the employer, but

not, except with consent to the Contractor, any assignee of the

employer.

1.3 ‘Contractor’ means the person(s), firm or company whose tender

has been accepted by the Employer and who has concluded a

contract with the employer to execute the works included in the tender

and contract agreement. This includes the contractor(s) personal

representatives, successors and assignees.

1.4 ‘Tender’ means the bid.

1.5 ‘Bidder’ means the contractor/agency who submits the bid against theinvitation for bid.

1.6 Award means the written acceptance of bid by the Municipal

Corporation Gurgaon Haryana to the successful bidder.

1.7 Engineer/Engineer-in-Charge’ means the Executive Engineer, who is

in-charge of execution of the works and administration of the contract

on behalf of the employer. The Engineer-in-Charge may assign his

duties to his sub-ordinates who assist him in execution of works

and administration of the contract. His subordinates shall be termed as

Assistant Engineer, Junior Engineer as the case may be. These

subordinates shall be Engineer-in-Charge’s representatives at the site

of works. The Engineers representatives will carry out such duties of

the Engineer’s like issuing of instructions certificates and orders as are

required in the execution of the works. Engineer’s representative will




watch and supervise the works, test and examine the materials,

equipment, plant and machinery and workmanship employed in

connection with the works under the contract.

1.8 ‘Department’ means the Municipal Corporation Gurgaon. The words

department and Superintending Engineer and his representatives have

been used interchangeably at places and mean the same i.e. the engineer

or his representatives.

1.9 Consultants means the consultant appointed by the Government for

the purpose of preparation of Design, DPR, Drawings, Tender

Documents, construction, supervision at appropriate level, advise in

commissioning and carrying out start-up and monitoring of the

entire contract at Gurgaon Town.

1.10 ‘Works’ means all items of Work to be Design of Construction, Supply,

erection, Testing and commissioned by the contractor, under the

contract, testing and handing over the same in complete manner in

compliance to provision of the contract.

1.11 ‘Contract’ means promise to execute the ‘Works’ in accordance with

the conditions of contract, specifications, drawings, schedules, tender,

the letter of acceptance and the contract agreement.

“Construction of 50 MLD Sewage Treatment Plant based on SBRProcess with Tertiary Treatment and Renovation of existing 2 NOsMain Pumping Stations on Design Built and Operate (DBO) basis,including 3 months trial run followed by Operation & Maintenance for10 years at Gurgaon”

1.13 ‘Site’ means the land and other places where the permanent works ortemporary works desired by the engineer are to be executed and any otherlands and places provided by the employer for working space or any otherpurpose as may be specifically designated in the contract as forming part ofthe site.1.14 MCG shall mean Municipal Corporation Gurgaon, Haryana.

1.15 ‘Drawings’ means the drawings referred to in the list of drawings

attached to the tender and any modification of such drawings

approved/ issued in writing by the Engineer and such other




drawings as may from time to time be furnished or approved in writing

by the Engineer.

1.16 The ‘contract sum’ means the sum identified in the contract for the

completion of works as per contract.

1.17 ‘Contract price’ means a portion of the contract sum adjusted to give

effect to such additions or deductions as are provided for in the

contract which is properly apportion able to the work or plant in

question having regard to the state conditions and location of the

plant, the amount of work done and all other relevant circumstances in

the cost of executing the works.

1.18 ‘Contractor’s equipment’ means all appliances or things of whatsoever

nature required for the purpose of completing the works but does not

include plant, material or other things intended to form or forming part

of the works.

1.19 ‘Portion of the work’ means a part of the work or section of the work.

1.20 ‘Sections of the works’ mean the sections into which the works are

divided for the purposes described and set out in the specifications.

1.21 Specifications and particular specifications mean the regulating

guidelines contained in the Haryana PWD, PHED specifications,

Manual on Sewerage & Sewage Treatment published by the Central

Pubic Health and Environmental Engineering Organization (CPHEEO)

under the Ministry of works and Housing. Indian Standard

specifications and codes, all of latest editions and those contained in

the tender documents and also those based on good engineering

practices.

1.22 ‘Month’ means 30 days.




1.23 ‘Day’ means calendar day.

1.24 ‘Week’ means seven consecutive days.

1.25 ‘Time for completion’ means the time as stipulated for completion of

the works or any section or portion there-of as stated in the contract

or as extended under clause and shall be calculated from the date

specified in the contract. It will be the date when the contract enters

into force for fulfillment of any obligation as per necessary legal,

financial or administrative requirements.

1.26 ‘Defect liability period’ Defect liability period for the work is 12

months. It shall be counted after the successful trial runs for a

period of 3 months or till prescribed parameters are not attained &

whichever is later of the two. During the defect liability period the

contractor shall be responsible for repair and replacement of any

defective material used on the entire work & he will carry the full

liability to make good to the complete satisfaction of the engineer,

any defects in the completed work or any bad work visible or detected

after words.

1.27 ‘Cost’ means the amount which shall be deemed to include all

overhead costs whether incurred on or off the site, all taxes, excise

duties, royalties etc. as applicable on the materials labour or any

other item which is required to complete the works.

1.28 ‘Headings or Notes’ the headings and marginal notes in these

conditions of contract shall not be deemed to be taken into

consideration in the interpretation or construction thereof or of the

contract.

1.29 ‘Temporary Works’ mean temporary works of every kind required in

or about the execution of works.

1.30 ‘Permanent Works’ means the permanent works to be executed and

maintained in accordance with the Contract.

1.31 Trial run, Trial run period for the work is 3 months of the entire

scheme including achievement of prescribed performance




parameters. In the event of non-achievement of prescribed

parameters within a period of 3 months, specified above the trail run

period could be extendable to a period till the parameter parameters

are achieved. During the trail run period the contractor shall be

responsible for the maintenance of the entire scheme including

all staff, Labour material etc. repair of any defects/ replacement of

the defective material used at the cost at his own cost excluding

energy which will be borne by the department.

1.31 Trial run period can be extended for 1 month for achievement of

prescribed performance parameters. Otherwise penel action sucha

imposition of penalty etc. shall be taken

1.32 Executer shall liable for all statutory clearances inclusive from Haryana

Pollution Control Board for execution and till operation period of STP

1.33 Bidder shall liable all consequences arises there upon not meeting the

required parameters or closure of STP on any account.




ACB = Air Circuit Breaker

CAD = Computer Aided Design

CPHEEO = Central Public Health and Environment Engineering Organization

CC = Cement Concrete

CI = Cast Iron

DPR = Detailed Project Report

E & M = Electrical & Mechanical

FSL = Full Supply level

GA = General Arrangement

GL = Ground level

GP = Generator Panel

HDPE = High Density Polyethylene

HRT = Hydraulic Retention Time

HFL = Highest Flood level

KWH = Kilo Watt Hour

KVA = Kilo volts Ampere

LP = Lightning Panel

MEP = Main Electrical Panel

MLD = Million Liters Per day

M.S. = Mild Steel

O & M = Operation and Maintenance

PFR = Project Feasibility Report

PM = Project Manager/Plant Manager

P & I = Process and Instrumentation

PDB = Power Distribution Board

MCG = Municipal Corporation Gurgaon

MCCB = Molded Case Circuit Breaker

MPS = Main Sewage Pumping Station

RCC = Reinforced Cement Concrete

RL = Reduced Level

RS = Rolling Shutter

SB = Stand By

SBC = Soil Bearing Capacity

SS = Stainless Steel

2.0 Abbreviations The abbreviations used in the tender documents or anyother correspondence will stand for the full forms given as under




TOR = Terms of Reference

T & P = Tools and plant

STP = Sewage Treatment Plant

TSS = Total Suspended Solids.

S & S Tank = Storage & Sedimentation Tank

CWR = Clear Water Reservoir

RWS = Raw Water Sump

CWS = Clear Water Sump

HSR = Haryana Schedule of Rates

SCADA = Specific command & Data Acquisition.




1.0 INSTRUCTION TO BIDDERS

1.1INTRODUCTION

Name of work:- “ Construction of 50 MLD Sewage Treatment Plantbased on SBR Process with Tertiary Treatment and Renovation ofexisting 2 NOs Main Pumping Stations on Design Built and Operate(DBO) basis, including 3 months trial run followed by Operation &Maintenance for 10 years at Gurgaon”

Eligibility and Qualification Requirements.

1.1.1.1 The Tenderer:-

a) As per parameters fixed by the Municipal Corporation Gurgaon for

pre qualifying the bidders. The Tenders form will be issued to bidders who

have been qualified by as per eligibility criteria fixed the MCG Haryana.

1.1.3 Cost of Bidding

1.1.3.1 The Bidder shall bear all expenses associated with the preparation

andsubmission of his bid and the Government shall in no case be

responsible or liable for reimbursement of such expenses,

regardless of the conduct or outcome of the Bidding process.

1.1.4 Site Visits

1.1.4.1 The Bidder is advised to visit and examine the site of works and

its surroundings and obtain for himself on his own expenses all

information that may be necessary for preparing the Bid and

entering into contract. The costs of any such visits shall be entirely

at the Bidder’s own expense.

1.1.4.2 The Bidder and any of his personnel’s or agents will be granted

permission by the Engineer- in-Charge to enter upon their

premises lands for the purposes of such inspection, but only upon

the express condition that the Bidder, his personnel’s and

agents will release an indemnify. The Engineer-in-charge, their




personnel’s and agents from and against all liabilities in respect

thereof and will be responsible for personal injury (whether

fatal or otherwise), loss of or damage to property and any other

loss, damage, costs and expenses however caused which but for

the exercise of such permission would not have arisen.

1.1.5 Brand Names

1.1.5.1 Specific reference in the specifications to any material by trade

name or catalogue number shall be constructed as establishing a

standard of quality and the performance. Bidders may prepare any

other product if the specified brand names are not available subject

to approval of Employer.

1.1.6 Stamp Duty and Legal Charges

1.1.6.1 Whenever required under Govt. regulations, it shall be incumbent

on the successful Bidder to pay stamp duty on the contract

agreement, as per ruling on the date of execution of the contract

agreement.

1.1.7 Payment Terms

1.1.7.1 The terms of payments are defined in Part III of this tender.

1.2 BIDDING DOCUMENTS

1.2.1 Content of Bidding Documents

1.2.1.1 A set of Bid Documents issued for the purpose of Bidding includes

the following volumes, together with any Addenda thereto which

may be issued in accordance with Clause 3.2.3 and the proceedings

of pre-Bid meeting issued in accordance with Clause 3.3.8

Part I Section 1 Invitation to Bid and Standard Form of AgreementInvitation to Bid Standard Form of Agreement

Section 2 Instruction to Bidders, Additional and Special condition ofcontract.

1. Definitions

2. Abbreviations

3. Instructions to Bidders

4. Additional and Special conditions of Contract




Part II Section 1Brief Description of the project

Section 2 Scope of work

Section 3 Design Consideration and Design parameters

Section 4 Electrical and Mechanical Designs

Section 5 Specification for Electrical and Mechanical work

Section 6 Specification of Civil Works Section 7

Operation and Maintenance

Part III, Price Schedule

1.2.1.2 The Bidder is expected to examine carefully all instructions,conditions, forms, appendix to Bid terms, specifications, annexure,schedules and specifications, plans in the Bid Documents annexure ofspecifications and plans shall be inspected in the office of ExecutiveEngineer and failure to comply with the requirements of Bid submissionwill be at the Bidder’s own risk. Pursuant to Clause 3.3.9 Bidders, whichare not substantially responsive to the requirements of the BidDocuments, will be rejected.

1.2.1.3 The Bidder shall be deemed to have inspected and examined the

site and its surroundings and to have satisfied himself before

submitting his. Bid as to the nature of site conditions having taken

into account any information in connections therewith which any

have been provided by or on behalf of Executive Engineer the

extent and nature of work, the means of communication with

and access to the site, the accommodation he may require and in

general shall be deemed, to have obtained for himself, all

necessary information as to the risks contingencies and all other

circumstances influencing or affecting his Bid.

1.2.1.4 If available, additional copies of the Bidding Documents will be

sold to those prospective Bidders who have already purchased a set

of Bidding Documents. The cost of each additional copy will be 6000.

Indian Rupees. Postage and Incidental charges of 500 Indian Rupees

will be extra required to be sent by post. Any postal delay shall be

the risk of the Bidder and the client shall not be held responsible for

any such delay.




1.2.1.5 Interpretation and Clarification of Bidding Documents

1.2.1.6. Bidders shall carefully examine the Bidding Documents and fully

inform themselves as to all the conditions and matters, which may in

any way affect the work or the cost thereof. Should a Bidder find

discrepancies in or omission from the specifications or other

documents or should he be in doubt as to their meaning, he should

at once address a query to the Engineer- in-Charge in writing or by

cable (which is deemed to include telex/fax transmission) to:

By Mail : The Executive Engineer Div WSS, MCG Gurgaon

The Executive Engineer will entertain and offer clarification to any

such queries only of these are received prior to or on the date

fixed for the Pre-Bid meeting. Written copes of the Executive

Engineer’s response (including a description of enquires but without

identifying its source) will be sent to all prospective Bidders who

have received the Bidding Documents as an Addendum. Verbal

information and/or clarification given by any representative of

the Executive Engineer shall not be binding on the Executive

Engineer.

1.2.2 Amendment of Bidding Documents

1.2.2.1 At any time prior to the deadline for submission of Bids, the

Executive Engineer may, for any reason, whether at his own initiative

or in response to clarification requested by prospective Bidders

modify the Bidding Documents by issuing Addenda.

Addenda will be issued in 2 copies.

1.2.2.2 Such Addenda will be sent in writing or by cable to all

prospective Bidders who have received the Bidding documents and

will be binding upon them. The Bidders shall duly sign and return

the Addenda along with their Bids, which shall form a part of their

Bids.

1.2.2.3 In order to afford prospective Bidder’s reasonable time in which

to take such Addenda into account in preparing their Bids, the




Executive Engineer may at his discretion extend the deadline for

the submission of Bids in accordance with Clauses

1.2.2.4 No alteration whatsoever may be made in the text of the Bid form

by the bidder. Any remark or explanation should be sent out in a

covering letter. The contractor form of agreement is bound up with

other Documents so that the Bidders may know what their liability

and duties are and the entire Bid form should be submitted to the

Executive Engineer while submitting the Bid.

1.3 PREPARATION OF BIDS

1.3.1 Language of Bid

1.3.1.1 The Bid prepared by the Bidder and all correspondence and

Documents relating to the Bid exchanged by the Bidder and the

Executive Engineer shall be written in English Language. Supporting

Documents and printed literature furnished by the Bidder with his Bid

may be in another language provided they are accompanied by an

appropriate translation of pertinent passages into English language.

Failure to comply with the condition may disqualify a Bid. For the

purpose of interpretation of the Bid, the text in the English Language

shall prevail.

1.3.1.2 Document Comprising the Bid

1.3.1.3The Bid prepared by the Bidder shall comprise the followingcomponents.

(a) Bid security furnished in the form of Earnest money in accordance

with tender

(b) Standard Form of Agreement

(c) Schedule of guarantees.

(d) Schedule of prices (Vol -III)

(e) Schedules of supplementary Information, if any.

(f) Performance guarantee.

(g) Documentary evidence established that the goods and services to

be supplied by the Bidder are eligible goods and services and




conform to the Bidding Documents.

(h) Annexure, if any.

(i) A covering letter stating any other matter in relation to his Bid,

which the bidder considers, should be drawn to the particular notice

of the Executive Engineer or the Engineer-in-Charge.

(j) Technical Specification & drawings as here under: -

Details for all major plant components & equipments etc. including

supporting documents such as leaflets of manufacturer’s

specification, general plant lay out, performance charts / curves.

List of recommended spare parts proposed for a period of six years of

operation.

(k) General program for execution of the works.

1.3.2. Failure to furnish any of the information may lead to therejection of the offer.

Bid Prices

Unless stated otherwise in the Bidding Documents the Contract shall

be for the whole works as described in vol. II. Technical Specification

based on the Schedule of unit rate and prices submitted by the

Bidder.

The Bidder shall fill in rate and prices for all items of works

described in the schedule of Prices. Items against which no rate or

price is entered by the Bidder will not be paid for by the Municipal

Corporation Gurgaon, when executed and shall be deemed to be

covered by the other rates and / or prices quoted in the schedule of

Prices.

All duties, taxes and other levies payable by the Contractor under

the contract, or for any other cause, shall be included in the rates

and prices and total Contract price submitted by the Bidder and the

evaluation and comparison of Bid by Executive Engineer shall be

made accordingly.

That owner shall evaluate the bid price after taking in to

consideration total capitalized cost of energy and cost of land




based on land requirement (excluding land required for all

buildings for which area has been specified, internal roads,

pavements, transformer, DG Yard & Sludge Platform) as

enumerated in subsequent paragraphs and levy liquidated

charges in case the successful bidder exceeds the

guaranteed power consumption and fails to produce

committed power production.

1.3.3 Currencies of Bid and Payment

1.3.3.1 The Bidder shall quote the unit rates and prices entirely in Indian

currency. All payment to the successful Bidder under the proposed

contract shall be made entirely in Indian Rupees (Rs.)

1.3.4 Earnest Money Deposit; - As detailed in tender form

1.3.5 Bid Validity

1.3.5.1 Bids shall remain valid and open for acceptance for a period of One

Hundred and Twenty (120) calendar days after date of opening of

price bid.

1.3.5.2 In exceptional circumstance, prior to expiry of the original Bid

validity period, the Executive Engineer may request the Bidder for

a specified extension in the period of validity. The request and

the responses there-to shall be made in writing or by cable or telex. A

Bidder may refuse the request without the forfeiting of his Bid

Security. A Bidder agreeing to the request will not be required nor

be permitted to modify his bid but will be required to extend the

validity of his Bid Security correspondingly. The Provisions regarding

discharge and forfeiture of Bid Security shall continuously apply

during the extended period of Bid Validity.

1.3.5.3 Failure to sign the Bid will result in rejection of the Bid.

1.3.6 Variations in Bid Conditions3.3.6.1 Bidder shall submit offers, which comply fully with the requirements

of the Bid Documents, including the basic requirement for technical

design as indicated in the Technical Specifications in Vol. II.




1.3.7 Technical Bid Evaluation:-

1.3.7.1 The technical bids of all the bidders will be opened,

evaluated and appraisal of all the technical bids based on

particular technologies in common without the name of bidder shall

be put on portal or website.

1.3.7.2 The prequalified bidders shall correct their technical bids

according and revised date for submission of revised price bid and

locking shall be put on portal or website.

1.3.8 Format and Signing of Bids

1.3.8.1 The Bidder shall prepare one copy of completed Bid

documents (the first marked “ORIGINAL”, the other marked

“DUPLICATE”). In the event of any discrepancy between them, the

entries or stipulations in the “ORIGINAL” shall prevail.

1.3.8.2 The original and copy of the Bid shall be typed or written in

indelible ink and all pages shall be signed by a person or persons

duly authorized to bind the Bidder to the Contract. Proof of

authorization shall be furnished in the form of a certified copy of a

power of Attorney, which shall accompany the Bid. The person or

persons signing the Bid shall initial all pages of the Bid where

entries or amendments have been made.

1.3.8.3 Each Bidder shall submit only one Bid. No Bidder may participate

in the Bid of the other for the same Contract in any relation

whatsoever. The complete Bid shall be without alterations,

interlineations or ensures except those in accordance with instructions

issued by the Executive Engineer or as necessary to correct errors

made by the Bidder in which case corrections shall be initialed by the

person or persons signing the Bid.

1.3.8.4 If a limited company or a limited corporation makes the Bid, a duly

authorized person holding power of Attorney for signing the Bid in

which case a certified copy of the Power of Attorney shall accompany




the Bid shall sign it. In case Bids submitted by a joint venture of two

or more firms, as partners shall comply with the following

requirements.

(a) The Bid and in case of a successful Bid, the Contract Agreement

shall be signed so as to be legally binding on all partners.

(b) One of the partners shall be nominated, as submitting a power of

Attorney signed by legally authorized signatories of all the partners

shall evidence being in charge and this authorization.

(c) The partner in charge will be authorized to incur liability and receive

instructions for and on behalf of any and all partners of the joint

venture and the entire execution of the Contract including the

payments shall be done exclusively with the partner in charge.

(d) All partners of the joint venture shall be liable jointly and

severely for the execution of Contract in accordance with the

Contract terms, and a relevant statement to this effect shall be

included in the authorization mentioned under (b) above as well as in

the Bid Documents and Contract Agreement (In case of successful

Bid)

(e) A copy of joint venture agreement confirming above aspects duly

signed by legally authorized signatories of all the partners in the

presence of a magistrate of an India Govt. Court of Law/ Notary

Public on a stamp paper shall be submitted with the Bid.

1.3.8.5 All witnesses and sureties shall be persons of status and

probity and their full names, occupations and addresses shall be

stated below their signatures.

1.3.8.6 All signatures in the Bid Documents shall be dated.

1.4 SUBMISSION OF BIDS

1.4.3 Sealing, Marking and Submission of Bids

1.4.3.1 The Bidder shall prepare two (2) copies of the Bid clearly marking

one copy as ‘Original Bid’ and other as ‘Duplicate Bid’. The Bidder

shall seal the original and duplicate copy of the Bid, in an envelope




duly marking the envelope as explained in Para 3.4.1.2 hereunder.

1.4.3.2 The envelope containing the complete Bid offer shall bear the

following identification. (i) Bid for ……………….(Name of work)

………………………………..

(ii) Reference number …………………. (Contact

No.)…………………… (iii) Project Name of Project

………………………………………………. (iv) The words ‘DO NOT

OPEN BEFORE………. (Time and Date) ………. (v) Name and

Address of the Bidder.

(vi) The Technical Bid and the Price Bid should be sealed in separate

enveloped and both should be put in one envelope along with the

Earnest Money amount.

The envelope containing the Bid offer shall be addressed to

Executive Engineer at the following address: -

The Executive Engineer, Municipal Corporation Gurgaon Div –WSS, Gurgaon (Haryana).

1.4.3.3 The envelope shall indicate the name and address of the Bidder

clearly to enable the Bid to be returned unopened in case of necessity

in accordance with the Bid conditions.

1.4.3.4 The envelope shall also contain the Bid security furnished in the

form and manner prescribed in tender.

1.4.3.5 No Bid shall be accepted unless it is properly sealed. Bidders shall

not be allowed to fill in or seal their Bids at the Executive Engineer’s

office.

1.4.3.6 Bidders are requested to present the Bids before time on the

stipulated due date so as to avoid rush at the closing hours.

1.4.3.7 If the envelope is not sealed and marked as instructed , theExecutive Engineer will assume no responsibility for the misplacementor prematurely opening of bid submitted. A Bid opened prematurely due tothis cause will be rejected by the Executive Engineer and returned to theBidder.

1.4.4Deadline for Submission of Bids.

1.4.4.1 The Executive Engineer at the address specified under Sub-Clause




3.4.1.2 not later than 15.00 hours must receive bids.

1.4.4.2 The Executive Engineer may at his discretion extend the deadline

for submission of Bids by issuing an amendment in accordance

with tender in which case all rights and obligations of the

Executive Engineer and the Bidder previously subject to the

original deadline shall, thereafter, be subject to the new deadline as

extended.

1.4.5 Late Bids

1.4.5.1 Any Bid received by the Executive Engineer after the

deadline for submission of Bids prescribed by the Executive

Engineer in accordance with Clause 3.4.2 will be rejected and

returned unopened to the Bidder.

1.4.6 Modification and Withdrawal of Bids

1.4.6.1 The Bidder may modify or withdraw his Bid after submission

provided that the modification, or notice withdrawal is received in

writing by Executive Engineer prior to the prescribed deadline for

submission of Bids

1.4.6.2 The Bidder’s modification or notice of withdrawal shall be sealed,

marked and delivered in accordance with the provisions of Clause

3.4.1 for submission of Bids with the envelopes additionally marked

‘MODIFICATION or “WITHDRAWAL” as appropriate.

1.4.6.3 No Bid may be modified subsequent to the deadline for submissionof Bids.

1.4.6.4 Withdrawal of Bid during the interval between the deadline for

submission of Bids and the expiration of the period of Bid validity

specified by the Bidder in the Bid form may result in forfeiture of the

Bid security

1.5 BID OPENING AND EVALUATION

1.5.3 Bid opening

1.5.3.1 The Executive Engineer will open the Bids including submissionmade pursuant to t ende r s pe c i f i c a t i o n s in the presence of Bidder’srepresentative who choose to attend in the office of: -




The Executive Engineer, Municipal Corporation Division-WSS(Haryana)

At 15hours on 19.09.2014 The Bidder’s representatives who are

present shall sign a register evidencing their attendance.

1.5.3.2 Bids for which an acceptable notice of the withdrawal has beensubmitted shall not be opened.

1.5.3.3 The Executive Engineer will open the envelopes containing bids

and examine whether the bids are complete, whether the

Documents have been properly signed and whether the bids are

generally in order.

1.5.3.4 At the Bid opening, the Executive Engineer will announce the

Bidder’s names and salient features of the technical bid, written

notifications of Bid modifications, if any, or such other details, as the

Executive Engineer may consider appropriate.

The Bidder has to submit his offer in two parts in two separate sealedenvelopes.

1.5.3.5 The Executive Engineer shall prepare, for his own records,

minutes of the Bid opening including the information disclosed to

the Bidder’s representatives.

1.5.3.5.1.1 (1) The Owner shall examine each Bidder’s Financial Section

to determine whether such Financial Section is complete and

substantially responsive to the Bidding Documents.

(2) The Financial Sections, which are substantiallyresponsive to the Bidding Documents, shall be evaluated todetermine the lowest evaluated bid.

(3) The Owner shall evaluate the bid prices (after

conversion of the quoted prices to a single currency) by

determining and adding variouscomponents of cost and prices

as under:

(i) Price adjustment for correction of arithmetic errors.

(ii) 100 % of the price for Construction of new 50 MLD capacities

STP, up gradation &renovation of existing 30 MLD and 20 mld

capacities Pumping Stations,




(iii) Quoted rates for the Yearly payments for the Operation and

Maintenance of new MPS & new 50 MLD capacities STP over a period

of 10 years.

(iv) Total capitalized cost of energy E: (Total power required per

annum for new 50 MLD STP only - x (1-(1+r)^(-n/r); wherein r:

10% & n: 11 years of the Cost of Power based on the Energy

Consumption figure guaranteed by the bidder as per price @ Rs.

6.00/- per kWh over a period of 11 years increased at the rate of

10% per annum from the date of commencement of operation of

STP’S.

(v) Cost of Land based on the land requirement (excluding land

required for all buildings for which area has been specified, internal

roads, pavements, transformer, DG Yard & Sludge Platform) asked by

the bidder as per price schedule for setting up of the new 50 MLD

STP.

1.6 Process to be confidential

1.6.1.1 After the public opening of bids information relating to the

examination, clarification, evaluation and comparison of bids and

recommendations concerning the award of contract shall not be

disclosed to Bidders or other persons not officially concerned with

such process until the award of the contract to the successful bidder

has been announced.

1.6.1.2 Any effort to influence the Executive Engineer’s personnel or

representatives on matters relating to Bids under study in the

process of examination, clarification, evaluation and comparison of

Bids and in decisions concerning award of Contract, may result in the

rejection of the Bidder’s Bid.

2.0 Clarification of Bids

To assist him in the examination, evaluation, and comparison of Bids,

the Executive Engineer may ask Bidders individually for




clarification of their Bids including breakdown of unit rates/prices.

The request for clarification and the response shall be in the writing

or cable or Telex/ fax, but no change in the prices or substance

shall be sought, offered or permitted except as required to confirm

the correction of arithmetical errors discovered by the Executive

Engineer during the evaluation of Bids in accordance with tender

specifications.

3.0 Determination of Responsiveness

Prior to the detailed evaluation of Bids, the Executive Engineer willdetermine whether each Bid is substantially responsive to therequirements of Bidding Documents.

3.1.0 For the purpose of this Clause, a substantially responsive. Bid is

one which conforms to all the terms, conditions and specifications of

the Bidding Documents or reservation is one which affects in any

substantial way the scope, quality and performance of the works,

or which limits in any substantial way, inconsistent with the

Bidding Documents the Executive Engineer’s rights or the Bidder’s

obligation under the Contract and rectification of which deviation

or reservation would affect unfairly the competitive position of

other Bidders presenting substantially responsive Bids.

If a Bid is not substantially responsive to the requirement of the

Bidding Documents it will be rejected by the Executive Engineer and

may not subsequently be made responsive by the Bidder having

corrected or withdrawn the non-confirming deviation or reservation.

The Executive Engineer may waive any minor informality or non-

conformity or irregularity in a Bid, which does not constitute a

material deviation, or reservation in Bid providing that the

acceptance thereof does not prejudice to affect the relative ranking

order of any Bidder in the evaluation of Bids.

3.2.0 Correction of Error

The Executive Engineer for any arithmetical errors in computation

and summation will check bids determined to be substantially




responsive. Error will be corrected by the Executive Engineer as

follows: -

(a) Where there was a discrepancy between amount in figures and in

words, the amount in words will govern; and

(b) Where there is a discrepancy between the unit rate and the total

amount derived from the multiplication of unit rate and the quantity,

the unit rate as quoted, will govern and the total amount will be

corrected.

3.3.0The total Bid price stated will be adjusted by the Executive Engineer

in accordance with the above procedure for the correction of errors,

and with the concurrence of the Bidder shall be considered as binding

upon the Bidder. If the Bidder does not accept the corrected price of

his Bid, his Bid will be rejected and the Bid security will be forfeited.

3.4.0 Evaluation and Comparison of Bids

3.4.1 The Executive Engineer will evaluate and compare only those

bids, which have been determined to be substantially responsive to

the requirements of Bidding Documents in accordance with tender.

3.4.2 In evaluating Bids, the Executive Engineer will determine for each

Bid the evaluated Bid price by adjusting the total Bid price as

follows:

3.5.0Making any correction for errors pursuant

3.5.1Price adjustments provision applying to the period of execution of

the Contract shall not be taken into account in the Bid evaluation.

3.5.2 If the Bid of the successful Bidder is unbalanced in relation to the

Engineer’s estimate of the real cost of work to be performed under

the Contract. The Executive Engineer may require that the amount

of the bid security set forth in tender be increased at the expense of

the successful Bidder to a level sufficient to protect the Executive

Engineer against financial loss in the event of subsequent default of

the successful Bidder under the Contract.

Bid appraisal will consider the following factor




• The proposed progress of work and any delay beyond the

stated maximum time for completion.

• The reliability of the processes and plant offered, as demonstrated inthe submission.

• The degree of operational skill required to achieve optimumperformance

• The ability to meet the requirements of the specification.

3.6 AWARD OF CONTRACT

3.6.1 Award Criteria

3.6.1.1 Subject to Clause 3.6.2, the Executive Engineer will award the

Contract to the Bidder whose bid had been determined to be

substantially responsive to the Bidding Documents and who has

offered the lowest Evaluated Bid Price pursuant to submitted tenders.

The Municipal Corporation Gurgaon reserves the right of negotiation

as per policy approved by the State Government with the tender in

case the prices quoted are felt to be on higher side or otherwise.

The negotiations will be carried out with the first, second and third

lowest contractors. The highest amongst them will be called first

and the lowest tenderer in the last. If during negotiation tenderer

other than lowest reduces his prices/ amount below then those of

the lowest than lowest tenderer will be counter offered this price/

amount and in eventuality of him not accepting the counter offer the

same shall be offered to second lowest and so forth. Tenderer who

refuse the counter offer will not have any right to the bid later on.

3.6.2 Executive Engineer’s right to accept any bid and to reject any or all

the bids. Notwithstanding Clause 3.6.1, the Executive Engineer

reserves the right to accept or reject any bid and to annul the bidding

process and reject all bids at any time prior to award of contract

without thereby incurring any liability to the affected bidder or

bidders or any obligation to inform the affected bidder or bidders

of the grounds for the Executive Engineer’s action.

3.6.3 Notification of Award




3.6.3.1 Prior to the expiration of the period of Bid validity prescribed by

Executive Engineer, the Executive Engineer will notify the successful

Bidder by cable or telex/fax to be confirmed in writing by registered

letter that his Bid has been accepted. This letter (hereinafter and in

the condition of the Contract called ‘Letter of Acceptance’) shall

name the sum which the Executive Engineer will pay to the

completion, operation, maintenance and guarantee of the works by

the Contractor as prescribed by the Contract (hereinafter and in the

condition of the Contract called ‘The Contract Price’) No further

correspondence will be entertained by the Executive Engineer from

the unsuccessful Bidders.

3.6.3.2 The Letter of Acceptance will constitute the formation of a Contract.

3.6.3.3 Upon notification of award to successful Bidder in accordance withthe provisions of Clause 3.6.3.1 the Executive Engineer will promptly notifythe unsuccessful Bidder that their Bids have been unsuccessful and returntheir Bid security pursuant to tender document.

3.6.4 Signing of Agreement

3.6.4.1 Within 30 days of the letter of Acceptance, the successful Bidder

shall sign the Contract Agreement with the Executive Engineer,

Municipal Corporation Gurgaon Division-WSS, Gurgaon. Failing to

execute the Contract Agreement within the said period may result in

forfeiture of Bid security and disqualification pursuant to substantially

tender document

3.6.4.2 The person to sign the Contract Agreement shall be the person asdescribed in tender document.

3.7 Checking of design + drawings : - MCG reserve the right to

appoint any organization for checking of design and drawing

during currency of the contract including operation and

maintenance period and no additional cost shall be payable by MCG

on the account




3.8 Declaration By The Contractor: -

1. I/we ……………………… have read the general and special

conditions of the contract, which are appended to the Bid and

I/we…………………………., agree to the conditions laid therein if the

contract is awarded to me/us.

2. I/we have also read the specifications, studied the drawings, and

understood the scope of works included in the Bid and to be

executed by us.

3. I/we have visited the site of works and am/are well acquainted

with the local practices, availability of the materials and labor and

their prevailing market rates.

4. I/we agree to abide by the departmental rules regarding

deductions made in the bills like income tax, sales tax, and security

deposits etc.

5. I/we have noted the issue rates and conditions of supply ofdepartmental materials.

6. I/we do not ask for revision of rates due to any escalations in rates

of materials or labour in the rates quoted by me/us in this offer

throughout the period of construction and completion of the works.

7. I/we undertake to complete the works and handover the works

within the stipulated/allotted time for the completion of the works in

good workman like manner.

8. I/we keep the validity of our offer for 90 days from the date of openingof the Bid.

9. I/we stand guarantee for the repair of the works to the full

satisfaction of the department during the maintenance period.

10. I/we have no doubts or un cleared ambiguities regarding the

specifications, details in the drawings, scope of the works and have

fully understood our responsibilities in executing and completing the

works to the full satisfaction of the department.

11. We shall commence the work on site within ………………….from the

award of work. The contractor commence construction operations




on site within ……………………..days thereafter except as may be

expressly sanctioned or ordered by the employer or be wholly

beyond the contractor’s control.

12. I/we have based our Bid rates having the full knowledge of thestatements and facts.

Place ………………………. Signature

………………….. Date ……………………… Name …………………..

Address ……………………

…………………………….

Tender Document for Construction of 50 MLD STP Gurgaon Vol –III



3.9 PERFORMANCE GUARANTEE

That I, ……………….. (Name and address of the contractor) as principal here-in-after called

Contractor, guarantee to the following:

1. That the contractor agrees to: -

“Construction of 50 MLD Sewage Treatment Plant based on SBR

Process with Tertiary Treatment and Renovation of existing 2 NOs

Main Pumping Stations on Design Built and Operate (DBO) basis,

including 3 months trial run followed by Operation & Maintenance for

10 years at Gurgaon”

As per the tender document & approved by the Engineer in Charge.

2. The contractor agrees that the entire works & its components shall be

successfully tested to achieve the desired performance results satisfaction of

the Engineer-in-Charge.

3. The contractor further agrees that he shall be responsible for these results

at least up to 12 Months till the expiry of Defect liability period i.e. 1

year thereafter from the date of Successful trial run & ten years

thereafter during operation & maintenance period. If the plant does not

give desired performance the contractor shall cause the same to such Level

at his own cost at first notice served upon him in writing by the Engineer-

in-Charge. In Case, the contractor fails to execute the corrective measures,

the Engineer-in-Charge will be At Liberty to get the shortcomings rectified at

the risk and cost of the contractor.

4. The contractor agrees that the approval of design and drawings by the

Engineer-in-charge does not absolve the contractor from any of his

responsibility to the soundness and satisfactory performance of the

structures, plant and it’s functioning.




5. That the contractor guarantees against any construction or manufacturing

defect due to faulty workmanship for a period of 12 months from the date

of commissioning of the plant & during five years operation & maintenance

period thereafter During this period the contractor will replace/ repair the

faulty equipment to the satisfaction of the Engineer-in-Charge at no extra

cost to the department’

6. The contractor agrees that all electrical erections are to get approved from

Chief Electrical Inspector, Haryana at the cost of contractor, as per rule.

7. The contractor agrees that import license if required by the contractor shall

be arranged at his own cost.

8. The contractor agrees to deposit the security and deduction of contract

value to the Municipal Corporation Gurgaon & the same will be deposited

and returned as under:-

Retention Money

Security deposit and deduction will be @5%of the total agreement cost including

1%, earnest money. @5% security in the form of bank guarantees to be deposited

within one week of allotment otherwise to be deducted from the first running bill.

The earnest money shall be released after submission of security @10%

Release of Retention money:

a) 100% of the total security deposited and deducted (of 5%) shall be

released against Bank Guarantee ( BG ) of equivalent amount in Five

parts that is @ 20% amount which will be released in the following

manner :-

i) 1st Bank Guarantee of 20% will be released after two year of satisfactorycompletion O & M period after defect liability period

ii) 2nd Bank Guarantee of 20% will be released after four years of satisfactory




completion of O & M period after defect liability period

iii) 3rd Bank Guarantee of 20% will be released after six years satisfactorycompletion of O & M period after defect liability period.

iv) 4th Bank Guarantee of 20% will be released after eight years ofsatisfactory completion of O&M period after defect liability period.

v) 5th Bank Guarantee of 20% will be released after ten years of satisfactorycompletion of O&M period after defect liability period.




4.0 ADDITIONAL AND SPECIAL CONDITIONS OF

CONTRACT Additional Conditions of Contract

All conditions of standard form of agreement shall form part of this

agreement. In addition to that, following additional conditions shall be

applicable.

4.1.1 Site Facilities

The contractor shall construct out its own cost a site office and store shed

for materials. He shall provide in the premises of the site office place for the

engineer and his representatives/visitors for joint discussions and meetings.

He shall also dismantle the same after three works are completed, and

arrange for site cleaning operations by removal of soil and debris. If the

contractor fails to dismantle the temporary structure after the works are

completed it shall be treated as unauthorized occupation of the owner’s

land and necessary action as deemed fit under such circumstances shall be

initiated for the vacation of the land.

4.1.2.1.Time for full Completion Of Contract: -

The full completion of work under this contract is 24 months, which will

comprise of three parts submission of design for approval within one

month i.e. full physical completion of work, inclusive of commissioning &

trial run for 3 months and operation and maintenance period including ten

years that is during defect liability period of 12 months thereafter.

4.1.2.2 Operation & Defects Liability Period: -

The contractor shall operate & be responsible for satisfactory performance

& maintenance of the work under all design & operation conditions for

the duration of the defects liability period of 12 months after 3 months

trial run period & 60 month thereafter, except for damages due to




unprecedented natural calamities. The contractor has to provide for

the additional training of the staff.

Any constructional defect such as defects to premature use of materials,

works not executed in accordance with the contract, hidden faults in

material & equipment not discovered during inspection & testing, fault in

design, manufacturing, erection & in construction shall be pointed out

by the Engineer in Charge & shall have to be rectified by the contractor

during this period. The cost for repair of material, spare parts, transport,

tests & repairing staff has to be borne by the contractor. If the contractor

fails to rectify the defect with in a period of one month after aforesaid

notice the Engineer in Charge may forfeit the security deposit or an

amount thereof required for the rectification through a third party without

prejudice to any other right of MCG, may have against the Contractor in

respect of his failure to remedy such defects.

4.1.2.3. Final Certificate: -

The Engineer in Charge shall issue a final certificate not later than 30 days

after the expiry of the defects liability period of 12 months after 3 months

trial run period 120 thereafter. With the issue of this certificate the

contractor ceases to be under any obligation to Municipal Corporation

4.1.2.4. Force Majeure: -

Neither party shall be liable to the other for any loss or damage occasioned

by or arising out of acts of God, and in particular, unprecedented flood,

volcanic eruption, earthquake or other convulsion of nature and other acts

such as but not restricted to invasion, the act of foreign countries, hostilities

or warlike operation before or after declaration of war, rebellion, military or

usurped power which prevent performance of the contract and which could




not have been foreseen or avoided by a prudent person.

4.1.3. Contractor’s Liability

4.1.3.1. Observance of laws, local regulations, notices and attachments.

The contractor shall confirm to all laws of the land, the regulations and by-

laws of any local authority and/or of any water or lighting companies with

those whose systems the works are proposed to be connected. He shall

before making any variations from the drawing or specifications that may be

necessitated for so conforming give to the engineer written notice,

specifying the variation proposed to be made and the reasons for making

them, and apply for instructions thereon. In case the/contractor shall not

receive such instructions within 7 days proceed with the work confirming to

the provisions, regulations or by laws in question and any variations in the

drawings or specifications so necessitate shall be dealt with tender

specifications. The contractor shall give all notice required by the said acts

or regulations or bylaws and pay all fees in connection therewith.

He shall also ensure that no attachments are made against materials or

works related to the contract. In every case to in this clause, the

contractor shall protect and indemnify, Government against any claim or

liability arising from or based on the violation of such law, ordinance, regular

decree or attachment by him or by his employees.

4.1.3.2. Compensation to workmen

The contractor on occurrence of accident, arising out of the work, which

results in serious injuries to the person or property shall within 24 hours




of such occurrence, report to the engineer, stating clearly and in sufficient

details the facts and circumstances of the accident and the action taken by

the contractor. In all cases the contractor shall indemnify the Engineer

against all loss or damages including penalties or fine sustained by

Government resulting directly or indirectly from contractor’s failure

to give notice under the Workman’s Compensation Act or otherwise.

4.1.3.3. Contractor dying, becoming insolvent, Insane or imprisoned.

(a) Liquidation, the contract may be terminated by notice in writing posted

at the site of the works and advertised in one issue of the local

newspaper and all acceptable, works shall be paid for after recovering all

the contractors dues to MCG, there from, at appropriate rates to the

person or persons entitled to receive and give a discharge for the

payment.

(b) If the contractor becomes bankrupt or has received order made against him

or compound with the creditor or being a corporation commence to be

wound up not being a voluntary winding up for the purpose only of

amalgamation or reconstruction or carry on its business under a receiver

for the benefit of the creditors or any of them, the Government shall be at

liberty.

(i) To give such liquidator, receiver, or other person the option of carrying

out the contract subject to his providing a guarantee for the faithful

performance of the contract up to an amount to be determined by the

Government.

(ii) To terminate the contract forthwith by notice in writing to the contractor or

to the liquidator or to any person in whom the contract become vested and

to act in the manner as provided in the clause “Breach of contract”.




4.1.4. Contractor to supply labor, plant, ladders, scaffolding:

4.1.4.1. The contractor shall supply at his own cost all labor, skilled and

unskilled, and all things necessary (except such special things, if any, as, in

accordance with the specification that may be supplied from the Engineer’s

stores) such as plants, tools, appliances, implements, ladders, cordage,

tackles, scaffolding, shoring, strutting, pumps, fuel oil, packing

derricks, boring tools, winches and power as well as other apparatus and

temporary works requisite for the proper execution of the work whether

original, altered or substituted and whether included in the specifications

or other document forming part of the contract or referred to in these

conditions or not which may be necessary for the purpose of satisfying or

complying, with the requirement of Engineer as to any matter as to which

under these conditions he is entitled to be satisfied, or which he is entitled

to require, together with carriage hereto for and from the work. The

contractor shall also supply without charge the requisite number of

persons with the means and things necessary for the purpose of

setting out the works, and counting, weighing and assisting in the

measurement and examination at any time and from time to time, of the

works done, or materials supplied by him. The Engineer at the expense and

risk of the contractor may provide failing his so doing the same and the

expenses (of which the certification of the engineer shall be final) may

be deducted from any money due to the contractor under this contract or

from his Earnest Money Deposit.

The contractor shall also provide at his own expense all necessary fencing

and lights required to protect the public from accident and shall assume

all the liability for and indemnify the Engineer against all actions or suits




arising out of or in connection with neighboring owners or workmen

employed on the works. With the carrying of the works, whether such

actions are brought by members of the public, the contractor shall carry

out the works conforming to the statutory and other legal enactment’s

applicable to them and gives all notices and pay all fees payable to local

authorities and others in respect of them. The contractor shall be

responsible for the adequacy, strength and safety of all shoring, strutting,

curbing, bonding, brickwork, masonry, concrete, permanent or temporary

appliances, matters and things furnished by him for the purpose of this

contract.

4.1.4.2. Materials and plant of contractor

All materials brought by the contractor upon the site of the works shall be

deemed to be the property of the Government and shall not or any

account be removed from the site of the works during the execution of

the works and shall at all times be open to the inspection of the Engineer.

The Engineer on the completion of the works or upon the stoppage of

the works shall have an option of taking over any such unused materials

at prevailing market rates, with the provision that the price allowed to the

contractor shall not exceed the amount originally paid by him for the

same, as he (the Engineer) shall desire upon giving a notice in writing

under his signature and within 15 (fifteen days) of the completion of the

works to that effect, and all materials not so taken over by the Engineer

shall cease to be the property of the Municipal Corporation Gurgaon and

the contractor shall have no claim for compensation on account of any such

material as aforesaid which are not so taken over by the said Engineer

unused by him (the contractor) or for any wastage in or damaged to any




such materials.

4.1.4.3. Employment of an experienced site engineer

The contractor shall employ a site engineer of the rank of a Resident

Engineer who is well experienced in the type of the works he has to handle

and shall have worked in similar such projects earlier. He shall be well

acquainted with all latest Indian Standards, codes of practice, and local

practices of construction and has good managerial qualities, capable of

handling labor force tactfully and extract good quality of workmanship and

plant execution of works efficiently. He shall be well conversant with

specifications, construction equipment use, testing, inspecting and

supervising the works. He shall have good ability to guide his

subordinates. His name and Bio-data should be submitted along with the

list of other key technical staff at the time of submission of bid.

In addition to this other technical staff shall have to be employed

from time to time as directed by the Engineer. Changes in staff will be

upon the approval of engineer.

4.1.4.4. Contractor to Employ competent, agents and foremanDuring the execution of the works and until the work is taken over by

the order of the Engineer, the contractors shall employ competent

agents and such foremen as may be necessary for the proper

execution of the works (and when work is carried on day and night there

shall be a foremen in charge of each shift) who shall be engaged

constantly on the work to ensure proper management and efficient control.

4.1.4.5. Experience of Labor Force

The contractor shall employ in his pay roll only such workers who are well

experienced in the trade of job for which they have been employed. The

engineer shall have full power to direct the contractor to remove and




engage on work persons who do not possess any experience in the trade

and whose work is not satisfactory. If in the opinion of the Engineer a

person is found to be incompetent an experienced person to the

satisfaction of the Engineer shall replace such person.

4.1.4.6. Working on Sundays and holidays and Night Work

Prior permission in writing should be taken from the Engineer-in-Charge to

work on Sundays, Holidays, during Nights and to work Overtime. No

women labor should be engaged on works during night work.

4.1.5.7 Conduct of Labor

The contractor is solely responsible for the peaceful and orderly

conduct of labor in the neighborhood of work site. The Engineer-in-

charge shall have full powers to order the contractor to prevent

undesirable labor force from entering the work site. Further the Engineer

has full powers to ask the Contractor to remove from the site of the work

any person who misconduct’s himself and is undesirable at site.

4.1.5.8 Labor Welfare

All facilities to the welfare of the labor shall be provided by the contractor

at his cost as per the existing labor laws, and as described in the tender

documents.

4.1.5.9 The contractor shall make all arrangements for supply of safe

drinking, bathing and washing water to the labor, at his own expenses.

4.1.5.10 Adequate first aid and medical facilities shall be provided.

4.1.5.11 Proper, Separate toilet facilities for Men and Women shall be provided.

4.1.5.12 Protective accessories like gumboots, gloves, goggles etc. as

found necessary shall be provided to the labourers.

4.1.5.13 Caution lights

The contractor shall provide caution signs/lights near excavations, trenches,




fencing etc. and employ watchmen during nights and off working days and

hours.

4.1.5.14 Safety of Workers

The contractor shall ensure that all precaution are taken to avoid

accidents, by providing scaffoldings, platform, etc. of adequate strength

which can be safely take the loads of labor and materials and shock

loads, by properly bracing, tying and anchoring as necessary. No extra

cost shall be claimed for all the above safety works.

4.1.5.15 The contractor shall provide at his own cost, all safety

requirements to the laborers like fencing barricades, temporary

crossings, bringing etc. to prevent accidental slips, falls, injuries etc.

4.1.5.16 The contractor shall make his own arrangements for conveyance ofmaterials and Labor to the work site by making if necessary any temporary paths,roads, accesses etc at his cost.4.1.5.17 Stud is to be purchased by the contractor for use on the works.

4.1.6 Drawings and specifications

4.1.6.1 Alteration in specification or drawings

The Engineer shall have powers, to make any alterations in, or

additions to, the original specifications, drawings and instructions that

may appear to him to be necessary or advisable during the progress of the

works. The contractor shall be bound to carry out the work in accordance

with any instruction which may be given to him in writing signed by the

Engineer and such alteration shall not invalidate this contract. Any

additional work, which the contractor may be directed to do in the

manner above specified, as the contractor on the same condition in all

respects on which he agreed to do the main work shall carry out part of

the work. The time of the completion of the work shall be extended

if applied for by the contractor in writing in the proportion that the




additional works bears to the original contact work. The certificate of the

Engineer shall be conclusive as to such extension. And of the additional or

altered works include any class of work for which no rate is provided in

this contract then such class of work shall be carried out at rates to be

agreed upon in writing between the Engineer and the contractor prior to

the work being taken in hand.

The basis for fixing such rates shall ordinarily be the current schedule of

rates, PROVIDED ALWAYS that if the contractor shall commence work or

incur any expenditure in regard there to before the rates shall have

been determined as before mentioned, he shall only be entitled to be

paid in respect of the work carried out or expenditure incurred by him

prior to the date of the determination of the rates as aforesaid according

to such rate or rates as shall be fixed by the Engineer. In the event

of a dispute the decision of the Superintending Engineer shall be final.

If the additional or altered work for which no rate is entered in the

contract or in the PWD Haryana schedule of the rates is ordered to be

carried out before the rates are agreed upon, then the contractor shall

within seven days of the date of receipt by of the order to carry out such

works and if the engineer does not agree to this date, he by notice in

writing, be at liberty to cancel this order to carry out such work and he

carry out such works as he may consider advisable. Where however the

work is to be carried out according to designs, drawings and specifications

provided to the contractor by PHE Department the alteration above

referred to, shall be within the scope of such designs, drawings and

specifications appended to the tender.

4.1.6.2 Action where no specifications are provided




In the case of any class of work of which there is not mention in the

specification, such work shall be carried out in accordance with the

instructions and requirements of the Engineer.

4.1.6.3 Deviations from drawings and specifications

No deviations or changes shall be made by the contractor himself

without the expenses approval of the Engineer, from the dimensions,

sizes, material or workmanship specifications of works etc. shown in the

drawings, specifications, instructions issued on the same by the Engineer or

his authorized representative. All the works shall be executed strictly

according to the drawings, and specifications using best quality of raw

and finished materials and best workmanship to the complete satisfaction

of the Engineer.

4.1.6.4 Copies of supply orders and other literature of articles procuredfrom the trade.

Copies of supply order and other literature of articles procured from

the trade shall be furnished to the Engineer. The technical literature,

dimensional and material specifications, guarantees of materials procured

from the trade along with operation, maintenance and installation

manuals also should be submitted to the Engineer in triplicate.

4.1.6.5 Shop drawings and schedules

Drawings showing workshop fabrications etc shall be submitted in

advance and approvals shall be obtained before commencement of works

from the Engineer or his authorized representative. However, the approvals

shall not absolve the contractor from the responsibility of the performance of

the plant.

4.1.6.6 Workmanship




All civil, electrical, and mechanical works included in the tender

shall be properly coordinated so as not to wait for each other and shall

be completed in time in a complete manner and handed over in a perfect

workmanship manner, in good working condition after testing to the

complete satisfaction of the Engineer.

4.1.6.7 Engineer’s rights in case of use of inferior materials, workmanshipand plant.

The Engineer during the course of execution of the works shall have

absolute powers here under to order the following in writing from time to

time regarding the quality of the works.

• The discontinuance of the use of inferior quality of materials, which do not

conform to the specifications, and removal of the rejected material from the

site of works forthwith.

• Stoppage of improper inferior and unsuitable plant used for construction,

stoppage of inferior workmanship. Improper construction methods etc.

• The re-execution of dismantled/rejected work(s) using fresh materials,

labor, plant according to the specifications laid down in the contract in case

the contractor fails to execute the orders the Engineer shall have powers to

get the defective work rectified/re-constructed/replaced by

another agency and all the expenses on account of the same shall be

charged to the contractor and are recovered from payments due to him or

from payments due to him or from payments to become due to him.

4.1.6.8 Setting out of works

The contractor is responsible for setting out the works as indicated in the

Approved drawings and instructions given in the regard and to obtain the

approvals of the same from the Engineer or his authorized representative




before commencing the works. The contractor shall provide free of cost, all

facilities like labor, instruments, etc. and all cooperation to the Engineer

to check all dimensions, alignment level etc. This shall, however, not

absolve the contractor of his own responsibility of maintaining the accuracy

of work.

4.1.7 Inspection, testing and miscellaneous

4.1.7.1 Access to the work

The Engineer-in-Charge, his superiors in Municipal Corporation or his

authorized representatives shall be provided with all facilities for access to

the site of works, lubrication shops, stores of materials, labor camps,

testing shops and other premises connected with the execution of works

in any way at all time, for inspection, supervision, examination of all related

works.

4.1.7.2 Guarantees

Notwithstanding the detailed drawings supplied and specifications given in

the tender, the contractor cannot claim any relief from his

responsibility towards the performance of mechanical and electrical

equipment and the whole functioning of the works for which it is intended.

The contractor is deemed to possess the above knowledge absolutely,

before tendering without any ambiguities or doubts which if any may

be got clarified from the Engineer and then only submit this tender.

4.1.7.3 Power and water required for construction/ testing

Contractors shall make their own arrangements for power and water

required for execution and testing of works at their own cost and the rates

quoted shall be deemed to include all such expenditure. The above required

for testing shall also be the contractors responsibility.




4.1.7.4 Dewatering and extra work in foundations

Dewatering of foundation, trenches etc. shall not be paid extra over

and above the rates quoted and the rates quoted shall be deemed to be

inclusive of the above items of work. Shoring and strutting work required

for excavation, excavation in difficult conditions of soil shall not be paid

extra except in case the above items of work are separately agreed to be

paid as indicated in the bill of quantities.

4.1.7.5 Existing utility Services

The contractor at his own cost shall protect the existing electric, telephone,

water supply and sewerage utilities if met with during excavations by

properly supporting the same by singing or otherwise as required at site,

without allowing for any disruption of services. If any damage is caused to

the above said public utility services or any other property. The contractor

shall be responsible to make good the damages at his own cost to the entire

satisfaction of the concerned owner of such public utility services or private

property.

4.1.7.6 As built drawings

On completion of the works before issuing of the completion certificate by

the Engineer the contractor shall submit 3 (three) sets of drawings as built

drawings. One will be on tracing cloth and remaining on reproduction

paper.

4.1.7.7 Site Clearance

No extra money will be payable to the contractor for removal of

shrubs, debris, rubbish mounds of earth or any such unevenness in the

ground levels before commencement of the works. Similarly he will

remove from site above said materials and spoil and surplus materials




as directed by the Engineer and leave the site in a condition that is

acceptable to the engineer as far as the cleanliness of work site is

concerned without any additional payment. His rates shall be deemed to

include all expenditures.

4.1.7.8 Except with prior permission in writing of the Engineer, the contractor

shall not divert his plant labor, materials to any other work. In

granting such permission the Engineer may impose any conditions as

may be found necessary to ensure that no delays or interruptions are caused

in execution of the works under the contract. The contractor shall not be

entitled to any compensation resulting from such delays. Granting such

permission shall not absolve the contractor from the responsibility of

completing the works as per time schedule specified in the contract.

4.1.7.9 Making available drawings and documents at site.

One set of drawings and all other documents relating to the works under

contract shall be kept in the site office and made readily available for

discussions, examinations of the Engineer or his representatives.

4.1.7.10 Decision of the Engineer-in-Charge

Except where otherwise specified in this contract, the decision of the

Engineer-in-Charge for the time being shall be final, conclusive and

binding on parties to the contract upon all questions relating to the

meaning of the specifications, drawings and instructions herein before

mentioned and to the quality of workmanship and materials used on the

work or as to any other question, claim, right matter to things,

whatsoever in any way arising out of or relating to the contract

drawings, specifications, estimates, instructions, orders or these

conditions, or otherwise concerning the works or the execution of failure, to




execute the same, whether arising during the progress of the work or after

the completion or the sooner determination there of the contract

4.1.7.11 Tests Inspection and rejection of defective materials and work

The contractor shall without extra cost provide samples and cooperate

in the testing of materials and inspection of work. The Engineer shall

have access at all times to the places above materials are being made for

use under the contract, to determine that manufacturer a proceeding in

accordance with the drawings and specifications and to the place of work.

The Engineer may reject at any stage, any work, which he considers being

defective in quality of materials or workmanship and he shall not be

debarred from rejecting, wrought materials by reason of this having

previously passed them in an un-worked condition. Any portion of the work

or materials rejected shall be removed from the work site at the contractor’s

expense after written instructions to that effect by the Engineer for

replacement of such work in lieu of removing the work or materials which

are not in accordance with the contract.

The equipment shall be inspected and passed by the manufacturer’s

inspector. A certificate issued by the manufacturer’s inspection monitoring

that the said equipment conforms to the required specifications shall

accompany each consignment. In addition, the Engineer or his

representatives shall be entitled at all reasonable times during

manufacture and before dispatch of the goods to inspect, examine and

test on the contractor’s premises, the materials and workmanship of all

equipment to be supplied under the contract, and if part of the said

equipment is being manufactured on other premises, the contractor




shall obtain for the Engineer, permission to inspect, examine and test as if

the said equipment were being manufactured on the contractor’s premises.

Such inspection, examination or testing if made shall not relieve the

contractor from any obligations under the contract.

The contractor shall give the Engineer thirty (30) days notice in writing of

the date and the place at which a plant will be ready for testing as provided

in the contract, unless the Engineer shall attend to the place so named

within ten (10) days of the date which the contractor has stated in his

notice, the contractor may proceed with the test which shall be deemed to

have been made in the Engineer’s presence and shall forth with forward

to the Engineer duly certified copies of the results. The Engineer shall

give the contractor 24 hours’ notice in writing of his intention to the

tests.

The inspection and testing will be carried out generally as per Indian

Standards for domestic supplies and as per the relevant equivalent

Standards prevailing in the country of manufactures for imported

supplies.

As and when any plant shall have passed the tests referred to in this

article. The Engineer shall furnish the contractor a certificate in writing to

that effect. The contractor shall provide all facilities (labor, material,

apparatus, instruments etc.) for inspection and tests and such inspection

and tests will be free of charge to the owner.

4.1.7.12 Programmers of Works: -

As soon as the letter of intent is issued to the contractor, he will submit to

the Engineer his programmed to complete the works by the time indicated

in the contract, in the form of a bar chart for review of the Engineer and




make suggested modifications before his approval of the same. The

approved bar chart shall be diligently and strictly followed with a view to

complete the works as per schedule. The Engineer shall review the

programmers of works from time to time and he may modify the same

depending upon the exigencies of the work and stage of the works.

4.1.7.13 Patents rights etc.

The contractor shall fully indemnify the purchaser against all actions, suits,

claims, demands, costs, charges and expenses arising from, or incurred by

reason of any arrangement for any letters, patent designs, trademark or

name, copyright or other protected rights in respect of any machine, plant,

work material things or system or method of using, fixing, working or

arrangement used or fixed or supplied by the contractor but this indemnity

shall not extend or apply to any action, suit, claim demand cost charges or

expenses arising from or incurred by reason of the use of the works or

any part thereof otherwise than in the manner or for a purpose

contemplated by the contract. All royalties and other similar payments

which may have to be paid for the use of any such machine, plant work,

material thing, system or method as aforesaid (whether payable in one sum

or by installments or otherwise) shall be covered by the contract price and

payable by the contractor.

In the event of any claim or demand being made or action or suit

brought against the purchaser in respect of any such matter or matters as

a -foresaid the contractor shall be duly notified thereof, and he shall

conduct all negotiations for the settlement of such claims or demand and

such action of suit shall also be conducted by him subject, if and as far as

the owner shall think proper, to the supervision and control of the owner




through the officer duly authorized in his behalf.

4.1.7.14 Other Contractors

When two or more contractors are engaged on work in the same vicinity

they shall work together in a spirit of cooperation and accommodation. The

contractor shall not take or cause to be taken any steps or actions that

may cause disruptions, discontent or disturbance to the works, labor and

other arrangements of other contract in neighboring and the project

localities. In case of any difficulties amongst the contractors, the

Engineer shall direct the manner in which each contractor shall conduct

shall conduct his work so far as it affects others.

4.1.8 Discrepancies and adjustment of errors:

The several documents forming the contract are to be taken as mutually

explanatory of one another, detailed drawings being followed in

preference to small-scale drawing and the required dimensions in

preference to scale.

There are varying or conflicting provisions made in any document

forming part of the contract, the accepting officer, i.e. the Executive

Engineer, W/ S & Sanitation Department shall be the sole deciding

authority with regard to the intention of the document and his decision

in this respect shall be final and binding.

Any error in description in the bid of quantities or any omission there from

shall not vitiate the contract or release the contractor from the execution

of the whole or any parts of the works comprised therein according to

the drawings and specifications or from any of obligations under the

contract.

If there are any discrepancies found in the tender documents and the




same have not been clarified before submission of the tender, the

interpretation or clarification given by the Engineer is final and

conclusive.

4.2 Special Conditions of Contract

4.2.1 Contractor’s Design of Equipment

4.2.1.1 Contractor is advised to read carefully all chapters and give complete

information regarding his proposals, substantiating the same with

calculations, drawings literature, with clear reference to any standards

adopted (which are not mentioned in the tender), in such manner that

there is no ambiguity or nothing is left to chance. All relevant information,

so as to make the proposal understandable shall be given. Vague remarks

and remarks like “will be given later” are not acceptable. If in the opinion

of the engineer, the proposal is grossly incomplete, this will form sufficient

reason for complete rejection of the tender on technical grounds.

4.2.1.2 Contractor shall note that this is a lump sump rate tender. The

bidder shall give rate for complete work. However his proposals are subject

to scrutiny and approval for unit wise / sub unit wise progressive payments

by the competent authority. He shall therefore take utmost precaution to

offer very standard equipment manufactured by only reputed

manufacturers (wherever the makes are specified, the same shall be

offered).

However the bidder should note that after the tenders are opened,

all modifications, corrections, changes should be carried out entirely to

the satisfaction of the Engineer-in- Charge at no extra cost to MCG. The

contractor shall not be allowed to change the price quoted.

4.2.2 Equipment Guarantee:




4.2.2.1 The contractor is fully responsible for repair and replacement of all the

equipment supplied at MPS/ STP up to O&M period of five year including

defect liability period 3 month trial run period of during the period no extra

cost of the same shall be paid by the MCG.

4.2.2.2 All the equipment installed shall be thoroughly tested at the time of

commissioning of the plant and all initial defects shall be rectified to

the entire satisfaction of the engineer. Damaged or non-working parts

shall be replaced at no extra cost to MCG.

4.2.3Training of the MCG, Gurgaon, Haryana, staff before Handling over theEquipment/Instruments.

As there is fair amount of automation specified, there will be very large number of

small components, which form units of equipment. In order that the MCG

staff engaged on operations and maintenance becomes proficient in understanding

and handling the equipment correctly, the contractor will have to organize

training programme in the manufacturers’ shops as well as on site during actual

operation of the plant.

For this purpose he will have to employ suitably qualified, trained personnel to carry

out this training. The training period is for 7 days after commissioning of the plant

or for such extra period before commissioning in the workshops.

A mutually agreed programme shall be formulated during the execution,

which will be binding on the contractor.

Complete operation & maintenance files will be built up, preferably as additions to

data files prepared at the time of tendering. 6 (six) sets of such completed files

shall be handed over to MCG Gurgaon.

5.0 Third Party Inspection: -

MCG reserves the right to appoint any organization/ institution for checking of




design, & quality & quantity checks of works during currency of the contract

including Operation & Maintenance period & no additional cost shall be payable by

MCG on this account.

6.0 The execution of 50 MLD STP and renovation of 2 Nos of existing Pumping

stations should be done in such manner that 30 MLD existing STP should remain

functional for 24x7 by making necessary arrangements. If any damages occurs in

existing system that shall be done by contractor agency.

7.0 The overall development of site at which 50 MLD STP and 2 NOs Pumping

stations shall be constructed inclusive of roads, horticulture, lights and other utilities

services such as water supply, sewerage, drainage etc. shall be provided by

contractor agency as per drawings approved by MCG.




Vol –3Price




Bid




Municipal Corporation Gurgaon ( MCG)

TENDER NOTICE NO. /2014-15 Tender no.

Construction of 50 MLD Sewage Treatment Plant based on SBR Processwith Tertiary Treatment and Renovation of existing 2 NOs Main PumpingStations on Design Built and Operate (DBO) basis, including 3 months trialrun followed by Operation & Maintenance for 10 years at Gurgaon




Volume III

Financial Bid




INDEX

Sr.No.

Particulars PageNo.

1.0 Form of Price Proposal 1

2.0 Appendix to Price Proposal 3

3.0 Price Schedule – A 6

4.0 Price Schedule – B 8

4.1 Price Schedule – B1 14

4.2 Price Schedule – B2 16

5.0 Price Schedule – C 19

6.0 Price Schedule – E 21

118

ContractorExecutive Engineer


Municipal Corporation Gurgaon 118

FORM OF PRICE PROPOSAL

Bidders are required to fill up all blank spaces in this

Bid Form

ToExecutive Engineer WSSMunicipal Corporation Gurgaon,

INDIA.

Project - Construction of 50 MLD Sewage Treatment Plant based onSBR Process with Tertiary Treatment and Renovation of existing 2NOs Main Pumping Stations on Design Built and Operate (DBO) basis,including 3 months trial run followed by Operation & Maintenance for10 years at Gurgaon

SUB : Price Bid

We have examined the Conditions of Contract, Employer's Requirements,Schedules, Addenda Nos and the matters setout in the Appendix hereto. We have understood and checked thesedocuments and have not found any errors in them. We accordingly offer todesign, execute commission and to maintain for the three years the saidWorks and remedy any defects, fit for purpose in conformity with thesedocuments and the enclosed Proposal, for the fixed lump sum of Rs. or othersuch sums as may be determined in accordance with the terms and

119




conditions of the Contract. The above amounts are in accordance with thePrice Schedules herewith and are made part of this bid.

We confirm our agreement with the appointment of Dispute AdjudicationBoard of General Condition of Contract.

We agree to abide by this Bid until 120 days and it shall remain bindingupon us and maybe accepted at any time before that date. We acknowledgethat the Appendix forms part of our Bid.

If our bid is accepted, we will provide the specified performance security,commence the Works as soon as reasonably possible after receiving theEmployer's Representative's notice to commence, and complete the Works inaccordance with the above-named documents within the time stated in theAppendix to Technical Proposal.

Unless and until a formal Agreement is prepared and executed, this Bid,together with your written, acceptance thereof, shall constitute a bindingcontract between us.

We understand that you are not bound to accept the lowest or any bid you may

receive. As well as you may evaluated bid according to your need by subtracting

any item/s from the price bid.

We are,GentlemenYours faithfully

Signature in the capacity of dulyauthorized to sign bids for and on behalf of

120




Address

Date

121


122


APPENDIX TO

PRICE PROPOSAL

123


APPENDIX TO PRICE PROPOSALConditions of Contract

Employer’s name and address

Contractor’s name and address

Phone No. :

Fax No. :

E-mail :

Time for notice to commence 7 Days

Name and address of the

Employer’s

Representative/Engineer

To be nominated by Employer at the time

of Award of Contract

124


Time for Completion of

construction of Works

24 months including monsoon & 3

months successful trial run and acceptance

of plant

Validity Period of Tender Offered 120 days from the last date of receiving

of the

Tender.

Defects liability period 12 months after commissioning

Period for O & M Contract Ten years from the date of issue

of

certificate for completion.

Language for communications

Englis

h Electronic transmission systems

Confidential Details

125


Currency of all payments Indian Rupees

126


Amount of insurance for work Total cost of work

Amount of third party insurance As per law per occurrence, number

of

occurrences: maximum three

Periods for submission of

insurance

Evidence of insurance 30 days from the work order issue

date

Relevant policies 60 days -

do- Number of members of Arbitral

Tribunal

Members of Dispute

Adjudication Board (if not

agreed) to be nominated by As per the Arbitration and Conciliation

Act 1996, India along with its latest

amendments.

Arbitration rules

Language of arbitration English

127


Place of arbitration Haryana, India

Procedural Law Indian as governed by the Arbitration

and Conciliation Act, 1996, India and

its latest amendments.

Limit of Retention Money 10% of the construction contract price.

(5% S.D. + 5% to be recovered from bill)

Payments in Local Currencies In Indian Rupees

Time for access to the Site Within 15 days from the date of

Letter of

Work Order Acceptance / Letter of

Intent Amount of performance security 5% of contract price

Liquidated Damages for delay 0.1 % per day with limit as

10% of the remaining contract value

Deductions : 1% of contract price for construction

workers welfare cum force all R.A.

Bills & final Bill (1% of contract

price)

128


129


PRICE SCHEDULE –A GRAND SUMMARY

130


GRAND SUMMARYPrice Schedule - A : (Schedule of Prices)

Sr. No. Description Amount

1 Capital Cost of the pumping stations

and treatment plant inclusive of 3

Months trial and commissioning

period as per Schedule B

Total B1+Total B2

2 Electrical Power Cost for 10 Years at

10% Discounted Rate shall be

calculated based on guaranteed power

in kWh/Day.

Formula shall be - Power in kWh X

365 X 6.0 X 6.51 = ______kWh X

14256.9

3 Total O&M Cost as per Table C1 in

Schedule C

Total

Signature of Contractor : Executive, Engineer WSS

Name : Municipal Corporation Gurgaon

Company’s Seal :

131


Date : Date :

132


133


PRICE SCHEDULE –B

UNIT WISE PRICE SCHEDULE FORCONSTRUCTION PHASE

134


Percentage of lumpsump cost shall be quoted within the following guide line:

1 Design & Detailed Engineering 2%

2 Civil Works 35 to 40%

3 Inter connecting piping works 3 to 5%

4 Mechanical works 43 to 48%

5 Electrical works 5 to 8%

6 Instrumentation 2 to 3%

7 Trial run, Testing & commissioning of entire plant etc.complete

1%

Total 100%

Note: 5% amount of all running bills shall be recovered and kept indeposit till the successful completion of Defect Liability Period. The sameshall be released against Equivalent Bank Guarantee.

I / We agree to abide by the above conditions fully.



Company’s Seal :

Date : Date :

135


Percentage of O & M cost shall be quoted within the following guide line:

1 Manpower 30 – 40%

2 Chemical 50 – 60%

3 Spares, tools, tackles 10 – 15 %

4 Preventive Maintenance 3 – 5 %

Total 100%

I / We agree to abide by the above conditions fully.



Company’s Seal :

Date : Date :

136


GUIDE LINES FOR BREAK-UPSUMMARY OF SCHEDULE OF PRICE (CONSTRUCTION

PHASE)

Sr.No.

Item Description Rate offered in Rs.

Price in Figure Price in Words

1. On approval of Design &Engineering

2. Civil Works

3. Inter-connecting piping works

4. Mechanical works,

5. Electrical works

6. Instrumentation works

7. Trial run, Testing &commissioning of entire plantetc. complete.TOTAL PRICE



Company’s Seal :

Date : Date :

137


PRICE SCHEDULE – B1 – Renovation of Existing MPS of 30 MLD and IPS of 20 MLD

Sr.No. Particulars

Total Amount(in Fig.)

TotalAmount(in Words)

A Renovation and Replacement of Machinery at MPS - I of 30 MLD

Sr.No. Particulars

Civil Piping

Mech. Elec. Instru. Total Amount(in Fig.)

Total Amount(in Words)

I II III IV V

(I + II + III +IV + V)


1 Receiving Chamber2 Screen Channels – with

Coarse Bar Screen

3 Pumpsets4 Rising Mains

B Renovation and Replacement of Machinery at MPS - II of 20 MLD

5 Receiving Chamber

6 Screen Channels – withCoarse Bar Screen

7 Pumpsets

8 Rising Mains

TOTAL ( A+B)

Trial Run,Testing &

C Commissioning

Sr.No. Particulars


TotalAmount (inWords)

D

TOTAL PRICE(A + B + C)

138


PRICE SCHEDULE – B2 – New SBR Based STP

Sr.No. Particulars


TotalAmount(in Words)

Design &Detailed

A Engineering

B Construction, Supply & Erection for Preliminary Treatment Units

Sr.No. Particulars

Civil Piping

Mech. Elec. Instru. Total Amount(in Fig.)

Total Amount(in Words)

I II III IV V



1 Inlet Chamber2 Screen Channels - Fine

Bar Screen

3 Grit Chambers4 Parshall Flume5 Equalization tank

a. Mixersb. Pumps (Optional)

6 Primary Clariflocculatorwith Dosing System

7 Primary sludge Sumpand Pump House

8 Sludge dewateringSystem

C Construction, Supply & Erection for Biological Treatment & Dis infection

Treatment Units9 Distribution

Chambers withSequencing BatchReactor Basins

10 Air Blower Room

11 SBR sludge Sump andsludge dewatering system

12 Chlorine Contact Tank& Chlorination Room

13 Treated Water pump(200 cum/hr @ 15mwc1W+1S)

139


14 Filtrate Sump

D Construction, Supply & Erection for Fine Filtration System15 Feed Pumps to the

system (Optional)

16 Polishingclarifloccuator(Optional)

17 Fine Filter unit withnecessary backwashpump and machinery

E Construction, Supply & Erection for Miscellaneous Items

18 Administration BuildingWith laboratory andPLC/SCADA room

19 Workshop & ToolRoom

20 D.G.Otta

21 Security Cabin

22 Transformer Yard

23 Power Agency HTRoom

24 Plant HT & LT Room

25 Pathways Site, Roads &StreetLighting Grading,Land Scaping,Gardening andrepairing of existingcompound walls, etc.

26 Water Supply(Service / Drinking /etc.) / Site Drainage

27 Any other tocomplete the work in allrespects / Any otherUnforeseen Works

TOTAL ( B+C+D+E)

Trial Run,Testing &

F Commissioning

Sr.No. Particulars


TotalAmount (inWords)

140


G

TOTAL PRICE(A + B + C+D+E+F)

Note: The Bidder must give justification for Any other item required to complete work (item 27 in ScheduleB2)

141


PRICE SCHEDULE –C O & M COST

SCHEDULE

142


SCHEDULE - C

This page is Left Blank Intentionally


Table C1- Break up cost for Chemical, Manpower and Sludge Handling


Operation &Maintenance Period

1st Year 2nd Year 3rd Year 4th Year 5th Year 6th Year 7th Year 8th Year 9th Year 10th Year Totalcost

Manpower (Pumping &STP)

Amount

Spares & Tools, Tackles for(Pumping & STP)

AmountNot Applicable

Chlorine Rate

Amount

Lime Rate NOT APPLICABLE

Amount

Alum/ PAC Rate NOT APPLICABLE

Amount

Polyelectrolyte Rate

Amount

Urea Rate NOT APPLICABLE

Amount

DAP Rate NOT APPLICABLE

Amount

FeCl3 Rate

Amount

Sludge Handling & GritDisposal Cost

Rate

Amount

Civil Unit MaintenanceCost

AmountNOT APPLICABLE

Grand Total


Note:

1. Rate to be quoted in INR2. Amount Should be calculated based on the guarantee statement of schedule XII

of volume II3. Bidder need to provide justification for the spares/tools/tackles and replacement and

upload the same with the price bid.Signature of Contractor : Executive Engineer (WSS)


Company’s Seal :

Date : Date :

146


PRICE SCHEDULE – E

BREAK UP OF PAYMENTSCHEDULE

147


SCHEDULE - E

PREAMBLE

1. As mentioned in the Conditions of contract, the Contract being a lump sumtype turnkey Contract on EPC basis, the provision of measurement willbe applicable only for the assessment of value of work done for inclusionin any interim certificate for part payment to the Contractor.

2. The Schedule specifies the procedure for all such assessment of the itemsfor Civil/ Mechanical/Electrical/Instrumentation works specified in ScheduleB.

3. Each item of Schedule B has been divided into broad components. TheEmployer's Representative shall assess the value of each component asindicated in paragraph 6 herein below.

4. Percentages are indicated against each component of each item of CivilMechanical/Electrical/Instrumentation works specified in Schedule B, based on theEmployer's best appreciation of the value of the component as related to the total costsof the concerned item as whole. A head titled (any other unforeseen work(s) /item(s)) is included in each breakdown of schedule and the tenderer shall at the time oftendering indicate any additional items which he considers necessary but cannot becovered by any of the heads indicated in the breakup.

5. The percentage breakup as indicated in the Schedule may differ from thatcorresponding to the tenderer’s scheme and design and he should take thisinto account while quoting his lump sum prices for the items specified inSchedule-B

6. The contractor shall, after approval of his detailed hydraulic as well as structuraldesigns and drawings, furnish to the Employer's Representative an initial bill ofquantities to all major items, to be reviewed and updated periodically with theEmployer's Representative. This bill of quantities will be used for assessment of

148


percentage progress of the component at any stage. By measurement jointly taken bythe Employer's Representative and the Contractor, mutually agreed and entered in themeasurement books in the form and by the method approved by the Employer'sRepresentative, and signed jointly by both the parties

7. The payment on running bills & final bill will be regulated as perpercentage shown in each item.

8. 5% amount of all running bills shall be recovered and kept in depositand shall be released as per Clause 11 of General Instructions of Section II,Part-B of Vol. I.

9. % age of total cost means cost quoted in schedule B and finally approved bythe employer.

149


SCHEDULE OF MILE STONE PAYMENT

E1/1 MILE STONE PAYMENT BREAK-UP FOR DESIGN & DRAWINGS

E1/1 Designs and Detailed Engineering Drawings (2% of totalwork)

1 On approval of working engineering drawings whichincludes Process and Hydraulic Design Calculation, LayoutPlan, Hydraulic Flow Diagram, P&ID

20%

2 On approval of Civil / Process general arrangement workingdrawings

20%

3 On approval of structural designs and working drawings 20%

4 On approval of Mechanical Design & Drawings 10%

5 On approval of Electrical & Instrumentationdatasheet/drawing

10%

6 On submission of final as built drawings and operation &maintenance manual

20%

Total 100%

Note: %age total cost means cost quoted in schedule B and finally approved by theemployer


150


Name : Municipal Corporation

Gurgaon

Company’s Seal :

Date : Date :

151


E1/2 MILE STONE PAYMENT BREAK-UP FOR CIVIL WORKS

Sr.No. Item Description Percentage MileStone Payment

1. INLET CHAMBERS

a. On completion of Excavation 5%

b. On completion of PCC 5%

c. On completion of Column up to G.L. 10%

d. On completion of Slab 20%

e. On completion of 50% Side Walls 20%

f. On completion of 100% Side Walls 25%

g. On completion of Finishing Items 10%

h. On testing, commissioning and trial runs 5%

2. SCREEN CHANNELS (FINE BAR SCREEN)









3. GRIT CHAMBERS









152


Sr.No Item Description Percentage MileStone Payment

4.

PARSHALL FLUME

a.

On completion of Excavation 5%

b.

On completion of PCC 5%

c.

On completion of Column up to G.L. 10%

d.

On completion of Slab 20%

e.

On completion of 50% Side Walls 20%

f.


g.

On completion of Finishing Items 10%

h.

On testing, commissioning and trial runs 5%

5.

EQUALIZATION TANK, PRIMARYCLARIFLOCCULATOR, DISTRIBUTIONCHAMBERS AND SBR BASINS

a.


b.


c.

On completion of Bottom Raft. 15%

d.


e.


f.

On Completion of Launder 5%

g.

On Completion of Column/Beam 5%

h.

On Completion of Walkway 10%

i.

On Completion of Distribution Chamber 10%

j. On completion of Misc./Finishing Items 5%

k..

On testing, commissioning and trial runs 5%

6.

CHLORINE CONTACT TANK

a.


b.


c.

On completion of Bottom Raft. 20%

d.


e.


f. On Completion of Baffle Wall 10%

g.

On completion of Misc./Finishing Items 10%

153


h.

On completion of Hydraulic Test 5%

154


Sr.No.

Item Description Percentage MileStone Payment

7. CHLORINATION ROOM


b. On completion of Column up to G.L. 10%

c. On completion of PCC 5%

d. On completion of Bottom Raft. 2%

e. On completion of Column/Beam up to Roof Slab 15%

f. On completion of Roof Slab 15%

g. On completion of Masonary in super Structure 15%

h. On completion of Misc./Finishing Items 15%

i. On testing, commissioning and trial runs 5%

8. SLUDGE SUMP & PUMP HOUSE



c. On completion of Bottom Raft. 15%

d. On completion of 50% Side Walls 15%


f. On completion of Column/Beam up to Roof Slab 5%

g. On completion of Roof Slab 10%

h. On completion of Masonary in super Structure 10%

i. On completion of Misc./Finishing Items 10%

j. On completion of Hydraulic Test 5%

k. On testing, commissioning and trial runs 5%

9. CENTRIFUGE BUILDING ALONG WITHPOLYELECTROLYTE DOSING SYSTEM





e. On completion of Column/Beam up to First FloorSlab

10%

f. On completion of First Floor Slab 10%

155


g. On completion of Column/Beam up to SecondFloor Slab

10%

h. On completion of Second Floor Slab 10%

i. On completion of Masonary in super Structure 10%

156


Sr.No.


j. On completion of Poly electrolyte dosing tank /pump foundation (system)

10%

k. On completion of Misc./Finishing Items 10%

l. On testing, commissioning and trial runs 5%

10. FILTRATE SUMP



c. On completion of Bottom Raft. 20%

d. On completion of 50% Side Walls 25%


g. On completion of Misc./Finishing Items 10%


11. SBR AIR BLOWER ROOM,ADMINISTRATIVE OFFICE,LABORATORY ALONG WITH LAB. EQPT,LT (MCC) ROOM & CONTROL(PLC/SCADA) ROOM





e. On completion of Column/Beam up to First FloorSlab

10%

f. On completion of First Floor Slab 10%

g. On completion of Column/Beam up to SecondFloor Slab

10%

h. On completion of Second Floor Slab 10%

i. On completion of Masonary in super Structure 10%

j. On completion of Flooring 5%

k. On completion of Laboratory Platform 5%

l. On completion of Misc./Finishing Items 10%

m. On testing, commissioning and trial runs 5%

157


12. WORKSHOP & TOOL ROOM



158


Sr.No.









13. D.G.OTTA



c. On completion of DG foundations 40%

d. On completion of DG Otta 25%

d. On testing, commissioning and trial runs 5%

14. SECURITY CABIN










15. SUB STATION ( HT/ PCC ROOM)




159





160


Sr.No.





16. TRANSFORMER YARD

a. On completion of Transformer Yard 95%

b. On testing, commissioning and trial runs 5%

17. PATHWAYS

a. On completion of Pathways 95%


18. ROADS & STREET LIGHTING

a. On completion of 50% Roads 45%

b. On completion of 100% Roads 50%c. On testing, commissioning and trial runs etc.

complete5%

19. COMPOUND WALL WITH GATESa. On completion of 50% Compound Wall 45%

b. On completion of 100% Compound Wall 45%c. On Completion of Gates 5%

d. On testing, commissioning and trial runs 5%

20. SITE GRADING/LAND SCAPING &GARDENING ETC.

a. On completion of Work 95%

b. On testing, commissioning and trial runs of allother works

5%

21. WATER SUPPLY (SERVICE / DRINKING /ETC.) / SITE DRAINAGE



22. ANY OTHER TO COMPLETE THE WORKIN ALL RESPECTS / ANY OTHERUNFORESEEN WORKS


161


b. On testing, commissioning and trial runs of allother works

5%

Signature of Contractor : Addl. City Engineer (Drainage Project),


Company’s Seal :

Date : Date :

162


F Mile Stone Payment Breakup for Piping, Mechanical,Electrical & Instrumentation works along with

spares as specified

No. Items1. On supply of equipment, pipes, specials, valves,

accessories, instruments etc. including spares at site,after inspection, along with literature, drawings,operating pamphlets, manual etc. as required.

80%

2. On erection of all equipment, pipes, specials, valves,instruments and necessary accessories includinginstallation of mechanical / electrical / instrumentationsystem / equipment, cabling, etc. complete.

10%

3. On erection / installation 5%4. On testing, commissioning and satisfactory trial runs 5%

100%



Gurgaon

Company’s Seal :

Date : Date: