municipal corporation, yamuna nagar - jagadharimcynr.com/wtenders/wtender-id-372.pdfv dnit for web...
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i
MUNICIPAL CORPORATION,
YAMUNA NAGAR - JAGADHARI
BID DOCUMENT FOR
“CONSTRUCTION OF OFFICE BUILDING OF MUNICIPAL
CORPORATION, YAMUNA NAGAR - JAGADHARI ”
(Instructions to Bidder, General Conditions of the
Contract, Special Condition of the Contract, Bid Data
and Contract Data)
Estimate Amount=Rs 28.28 Crore
Time Period = 18 Months
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MUNICIPAL CORPORATION, YAMUNA NAGAR - JAGADHARI
BID DOCUMENT
FOR
“CONSTRUCTION OF OFFICE BUILDING OF MUNICIPAL
CORPORATION, YAMUNA NAGAR-JAGADHARI”
(Instructions to Bidder, General Conditions of the
Contract, Bid Data, Contract Data and
Special Condition of the Contract)
TENDER ID:- 2019_HRY_93937_1
On behalf of
Commissioner, Municipal Corporation, Yamunanagar -
Jagadhri:
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Notice for Publication
Commissioner, Municipal Corporation, Yamunanagar- Jagadhari
Phone No: 01732-237841 (O), E-mail: [email protected]
NOTICE INVITING BIDS
Online Bids are invited on behalf of the Commissioner, Municipal
Corporation, Yamunanagar- Jagadhari for the following work from eligible Bidders/Joint
Ventures/Consortium Bidders registered/enlisted in any Municipal Corporation/ Council/
Committee, Haryana for an amount equal to DNIT as on date of submission of the bid
and bidders enlisted with CPWD, postal, telecom, Railways, MES, Other state
Government / Central Government under takings/ for an amount equal to DNIT. Details
of this Bid notification and qualification criteria can also be seen in DNIT exhibited on
web site: https://etenders.hry.nic.in/ & https://mcynr.com.
Work Description “CONSTRUCTION OF OFFICE BUILDING OF
MUNICIPAL CORPORATION, YAMUNA NAGAR-
JAGADHARI” (Tender ID:- 2019_HRY_93937_1)
Type of Contract Single Percentage Rate Contract for (HSR+CP)
items and Item rate for NS Items
Estimated Amount Rs 28.28 Crore
Earnest Money (in Lacs) Rs. 56.56 Lacs
Bid Document & E-Service
Fees (in Rs.)
Rs. 29500 + Rs. 1180/-
Document download / sale
start date & time
13.08.2019 at 17:00 Hrs.
Pre Bid Meeting 20.08.2019 at 15:00 Hrs.
Bid Submission end date
and time
11.09.2019 Up to 15.00 Hrs.
Physical Deposit of Demand
Draft in office
11.09.2019 Up to 17.00 Hrs
Bid Opening date 12.09.2019 at 12:00 Hrs
Completion period 18 months
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Note:
1. The Bidders can download the Bid documents from the
Portal: https://etenders.hry.nic.in/
2. The Bidder are strictly advised to apply online bid well in
time without waiting for last date.
3. Detailed NIT can be seen on website
https://etenders.hry.nic.in/ & The Detailed Drawings
of the project can be seen in the office of Executive
Engineer, Municipal Corporation Yamunanagar-Jagadhri in
any office working hours.
-sd-
Executive Engineer,
Municipal Corporation,
Yamunanagar- Jagadhri
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DNIT For Web Site
NOTICE INVITING BIDS FOR WORKS
Online Bids are invited on behalf of the Commissioner, Municipal Corporation,
Yamunanagar - Jagadhri, for the following work from eligible Bidders/Joint
Ventures/Consortium registered/enlisted in Municipal Corporation, Yamunanagar-
Jagadhari, Haryana in appropriate class as per rules as on date of submission of the bid
and bidders enlisted with CPWD, Postal, Telecom, Railways, MES, Other state
Government / Central Government under takings/ organizations in a class making the
bidder eligible to quote for work of value of this tender and meeting eligibility criteria
after giving prescribed Earnest Money. Details of this Bid notification and qualification
criteria can also be seen in DNIT exhibited on web site: https://etenders.hry.nic.in/
1- General Details of Bid:
S.N Item TENDER ID:- 2019_HRY_93937_1
1 Work Description “CONSTRUCTION OF OFFICE BUILDING OF MUNICIPAL CORPORATION, YAMUNA NAGAR-JAGADHARI”
2 Type of Contract Single Percentage Rate Contract for (HSR+CP) items and
Item rate for NS Items
3 Estimated Amount Rs. 28.28 Crore
4 Earnest Money Rs. 56.56 Lacs
5 Bid Document Fees
(Non refundable)
Rs. 29500/- offline payments through Demand Draft/ In
the favor of Commissioner, Municipal Corporation
Yamunanagar-Jagadhri.
6 E-Service
Processing fee
(Non refundable)
Rs.1180/- (One Thousand One hundred Eighty only)
offline payments through Demand Draft/ In the favor of
Commissioner, Municipal Corporation Yamunanagar-
Jagadhri
7 Completion period As per Bid data section 5
8 Validity of Bid As per Bid data section 5
Note: 1. The Bidders can download the Bid documents from the Portal:
https://etenders.hry.nic.in/.
2. Interested contractors/agencies should deposit their earnest money and
tender fee in the account of Commissioner, Municipal Corporation
Yamunanagar-Jagadhri through Demand Draft.
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3. The Bidders are strictly advised to apply online bid well in time without waiting for
last date.
2- Key Dates:
SN Events Date & Time Location
1 Document Download
/Sale start date and
time
13.08.2019 at
17:00 Hrs.
https://etenders.hry.nic.in/
2 Pre Bid Meeting 20.08.2019 up to 15:00
Hrs.
Office of the Superintending
Engineer, Municipal Corporation,
Yamunanagar-Jagadhari
3 Bid submission End
Date and time
11.09.2019 Up to
15.00 Hrs
https://etenders.hry.nic.in/
4. Physical deposit of
Demand Draft in
office
11.09.2019 Up to 17:00
Hrs.
Office of the Superintending
Engineer, Municipal Corporation,
Yamunanagar-Jagadhari
5 Opening of Technical
bid
12.09.2019 at 12.00
Hrs.
Office of the Superintending
Engineer, Municipal Corporation,
Yamunanagar-Jagadhari
6 Opening of Price bid Will be informed to all
qualified bidders
Through E-
Mail/Telephonically/Website of
https://etenders.hry.nic.in/.
3- Eligibility Criteria: As per Bid Data Section -5
4- General Notes:
1. Since the Government of India has introduced Goods and Services
Tax(GST), so bidder shall include the effects of GST while quoting the rates
and nothing extra would be paid.
2. Income Tax and all applicable taxes will be deducted from the contractors all
bills on Gross amount as per Govt. rules and as made applicable by Govt.
from time to time.
3. Bidders may acquaint themselves with the “Detailed Instructions for
online e-Biding” and “Guidelines for online payment in e-Biding” as
per NIT-1 & NIT-2 before e-Biding.
4. Bidders in the form of Joint Venture (JV) shall also be allowed as per
guidelines attached at NIT-3.
5. The successful Firm / Agency / Contractor/ Bidder will have to get him
enlisted in the concerned Department i.e Municipal Corporation,
vii
Yamunanagar-Jagadhari from the competent authority in appropriate class
within 30 days from the date of award of work, if not enlisted earlier.
6. The Firm / Agency / Contractor/ Bidder who has been blacklisted by
Department / Board / Corporation of Central Government or any State
Government shall not be eligible to bid for this work.
7. The Commissioner, Municipal Corporation, Yamunanagar - Jagadhri
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 / Agency / Contractor/Bidder shall be
liable to be debarred from all future Biding in the Department. Besides
blacklisting the Firm / Agency / Contractor/ Bidder, the legal action will also
be initiated and allotment shall be liable to be cancelled.
8. The Bid should be accompanied with proof of GST registration certificate.
9. If any Firm / Agency / Contractor/ Bidder withdraws his Bid prior to expiry of
validity period as mentioned above or mutually extended period or makes
modifications in the rates, terms and conditions of the Bid within the said
validity period, which are not acceptable to the Commissioner, Municipal
Corporation, Yamunanagar - Jagadhri, or fails to commence the work in
the specified period/ fails to execute the agreement, the Commissioner,
Municipal Corporation, Yamunanagar - Jagadhri shall without prejudice
to any other right or remedy be at liberty to forfeit the amount of earnest
money given in any form absolutely. If any Bidder, who having submitted a
Bid does not execute the agreement or start the work or does not complete
the work and the work has to be put to re-Biding, he shall stand debarred
from participating in such re-Biding in addition to forfeiture of earnest
money/ security deposit and other action under agreement. If there is
strong justification of believing that the Bidder or his authorized has been
guilty of mal-practices such as submission of forged documents, influencing
individually or politically, his offer will be liable to rejection and in such case
his earnest money shall be forfeited.
10. The Commissioner, Municipal Corporation, Yamunanagar - Jagadhri
will not be responsible for any delay on account of late submission of Bid.
11. The acceptance of the Bid will rest with the competent authority who does
not bind itself to accept the lowest Bid, and reserves to itself the authority to
reject any or all the Bids received without assigning any reason.
12. No refund of Bid fee is claimable for Bids not accepted or forms not
submitted.
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13. In case of any variation in nomenclature /typing error in the online bid
documents and approved DNIT, the provision of approved DNIT will prevail
and bidder shall have no claim, whatsoever on this account. In addition, the
work is to be carried out as per provisions of the latest PWD Specifications/
BIS Codes and the bidder has to submit his bid accordingly. Any variation in
DNIT, not consistent with the BIS Codes and Manual by PWD(B&R) .
14. All other conditions shall be prevailing as detailed out in the Bid document
(in the respective sections/ volumes).
15. The bid quoted by the Firm / Agency / Contractor/ Bidder shall be deemed
to the inclusive of all the taxes, GST, levies, etc. including their variation as
notified by the concerned authority from time to time, and also of the new
taxes and levies that may be imposed that the Firm / Agency / Contractor/
Bidder will have to pay for the performance of this contract.
16. Registration of Govt. Establishments under Building & Other
construction workers Welfare (RE&CS) Act, 1996.
17. The agency should have valid registration certificate of EPF, ESI, GST
from respective department of the central government.
18. Registration of Govt. Establishments:-
1. Every contractor shall make an application to the registering officer for
the registration of establishment under the Building and other
construction Worker welfare (RE&CS) Act, 1996
2. The first running bill of the contractor will be cleared only after the
receipt of registration certificate under Building and Other Construction
Worker welfare (RE&CS) Act, 1996 and registration of all the eligible
construction workers as a beneficiary of Haryana Building & Other
Contraction Worker Welfare Board.
-sd-
Executive Engineer,
Municipal Corporation,
Yamunanagar- Jagadhri
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NIT-1
Instructions to Bidders on Electronics Bidding System
1.1. These conditions will over-rule the conditions stated in the tender documents,
wherever relevant and applicable.
1.2. All the Firm / Agency / Contractor/ Bidder intending to participate in the
tenders processed online, are required to get registered for the Electronic
Tendering System on the Portal https://etenders.hry.nic.in/
1.3 Obtaining a Digital Certificate
1.3.1. The Bids submitted online should be encrypted and signed electronically
with a Digital Certificate to establish the identity of the bidder bidding
online. A digital signature certificate has two keys i.e. Public Key and
Private Key. Public Key is used to encrypt the data and Private K e y is
used to decrypt the data. Encryption means conversion of normal text
into coded language whereas decryption means conversion of coded
language into normal text. These Digital Certificates are issued by an
approved certifying authority, authorized by the controller of Certifying
Authorities, Government of India.
1.3.2. A Digital Certificate is issued upon receipt of mandatory identity proofs
and verification letters attested by the Notary Public / Chartered
Accountant / Any Gazetted Officer whose stamp bears emblem of Ashoka.
Only upon the receipt of the required documents, a digital certificate can
be issued.
1.3.3. The Firm / Agency / Contractor/ Bidder may obtain Class II or III digital
certificate from any Certifying Authority or Sub- certifying Authority
authorized by the Controller of Certifying Authorities on the portal
https://etenders.hry.nic.in/ or may obtain information and application
format and documents required for issue of digital certificate from one
such certifying authority given below:-
1. TATA Consultancy Services Ltd.
11th
Floor, Air India Building, Nariman Point, Mumbai-400021
website -www.tcs-ca.tcs.co.in
2. Sify Communications Ltd.
III Floor, Tidel Park, 4 Canal Bank Road, Taramani,
Chennai-600113. Website - www.safescrypt.com
3. MTNL Trustline CA
O/o DGM (IT-CA), 5515, 5th Floor, Core-V Mahanagar
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Doorsanchal Sadan, CGO Comples, MTNL, Delhi-125003. Website
- www.mtnltrustline.com
4. iTrust CA (IDRBT)
Castle Hills, Road No.1, Masab Tank, Hyderabad, Andhra
Pardesh -500057. Website - idrbtca.org.in
5. (n)Code solutions
301,GNFC Tower, Bodak Dev, Ahmedabad-380054, Gujarat.
Website- www.ncodesolutions.com
6. National Informatics Centre Ministry of Communication and
Information Technology
A-Block CGO Complex, Lodhi Road,
New Delhi-125003. Website https://nicca.nic.in
7. e-Mudhra CA
3i Info-tech Consumer Services Ltd
3rd Floor, Sai Arcade, Outer Ring Road, Devarabeesanahalli,
Bangalore560036, Karnataka Website- http://www.e-Mudhra.com
Firm / Agency / Contractor/ Bidder may also obtain information and application format and documents required for issue of digital certificate from the following:-
8 Nextenders (India) Pvt. Ltd.
O/O Additional Chief Engineer, HUDA, Sector 40, M- Block South
City –I, Gurgaon. Contact persons : Sh. Rajit Garg – 09650482332
9. Nextenders (India) Pvt. Ltd.
YUCHIT, Juhu Tara Road, Mumbai-400049 Email-
10. Nextenders (India) Pvt. Ltd.
O/o HSRDC, Bays No.13-14, Sec-2, Panchkula-134151
Contact Person: Manmit – 09815034028 Rishi – 09878012160
1.3.4. Bid for a particular tender may be submitted only using the digital
certificate, which is used to encrypt the data and sign the hash during
the stage of bid preparation and hash submission. In case, during the
process of a particular tender, the user loses his digital certificate (i.e.
due to virus attack, hardware problem, operating system problem), he
may not be able to submit the bid online. Hence, the users are advised
to have back up of certificate and keep the copies at safe place under
proper security to be used in case of emergencies.
1.3.5. In case of online tendering, if the digital certificate issued to the
authorized user of a firm is used for signing and submitting a bid, it will
be considered equivalent to a no-objection certificate/power of attorney
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to that User. The Firm / Agency / Contractor/ Bidder has to authorize a
specific individual via an authorization certificate signed by all partners
to use the digital certificate as per Indian Information Technology Act
2000. Unless the certificates are revoked, it will be assumed to
represent adequate authority of the user to bid on behalf of the Firm /
Agency / Contractor/ Bidder for https://etenders.hry.nic.in/ Haryana
tenders as per Information Technology Act 2000 or as per latest
rules/provisions. The digital signature of this authorized user will be
binding on the Firm / Agency / Contractor/ Bidder. It shall be the
responsibility of management / partners of the registered Firm / Agency
/ Contractor/ Bidder to inform the certifying authority or Sub Certifying
Authority, in case of change of authorized user and applies for a fresh
digital certificate and issues an 'authorization certificate' for the new
user. The procedure for application of a digital certificate will remain
the same for the new user.
1.3.6. The same procedure holds true for the authorized users in a
private/Public limited company. In this case, the authorization certificate
will have to be signed by the directors of the company.
1.4 Set up of machine
In order to operate on the electronic tender management system, a user's
machine is required to be set up.
1.5 Online Viewing of Notice Inviting Tenders:
The Firm / Agency / Contractor/ Bidder can view the N.I.T and the time
schedule (Key Dates) for all the packages floated using the electronic tendering
system on the Haryana https://etenders.hry.nic.in/ Firm / Agency / Contractor/
Bidder may refer to NIT in the office of Executive Engineer, Municipal
Corporation, Yamunanagar-Jagadhari.
1.5.1 Opening of an Electronic Payment Account:
Interested contractors/agencies should deposit their earnest money and
tender fee in the account of Commissioner, Municipal Corporation
Yamunanagar-Jagadhri through Demand Draft.
1.6 Submission of Earnest Money Deposit:
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1.6.1 The payment for Bid document fee, e-Service Fee & EMD can be done
through Demand Draft, in the favor of Commissioner, Municipal Corporation
Yamunanagar-jagadhri and be submitted in the office of the Superintending
Engineer, as per key dates. (Proof of the same will be submitted by Firm /
Agency / Contractor/ Bidder along with technical bid on-line).
1.6.2 The secure electronic payments gateway is an online interface between
Firm / Agency / Contractor/ Bidder and Debit card / online payment
authorization networks.
1.6.3 The Firm / Agency / Contractor/ Bidder shall upload their technical offer
containing documents, qualifying criteria, technical specification, schedule
of deliveries, and all other terms and conditions except the price bid.
1.7 Purchase of Tender Documents:
Download of Tender Documents: The tender documents can only be downloaded
from the Electronic Tendering System on the Portal https://etenders.hry.nic.in/
1.8 Submission of Bid Seal (Hash) of online Bids:
Submission of bids will be preceded by submission of the digitally signed bid seal
(Hash) as stated in the tender time schedule (Key Dates) of the Tender. Firm /
Agency / Contractor/ Bidder should take note of any corrigendum being issued
on the website on a regular basis. They should view and note down the tender
Hash and ensure that it matches with their previous noted Hash before confirming
the rates.
Generation of Super Hash:
After the time of submission of Bid Seal (Hash) by the Firm / Agency /
Contractor/ Bidder has lapsed, the bid round will be closed and a digitally signed
tender Super Hash will be generated by authorized officials of Municipal
Corporation, Yamunanagar-Jagadhari. This is equivalent to sealing the tender
box.
1.9 Submission (Re-encryption) of actual online bids:
Firm / Agency / Contractor/ Bidder have to submit their encrypted bids online
and upload the relevant documents for which they generated the hash at the
stage of hash generation and submission after the generation of Super Hash
within the date and time as stated in the Notice Inviting Tenders (Key Dates).
The electronic bids of only those Firm / Agency / Contractor/ Bidder who have
submitted their bid seals (Hashes) within the stipulated time, as per the tender
time schedule (Key Dates), will be accepted by the System. A Firm / Agency /
Contractor/ Bidder who does not submit his bid seal (Hash) within the stipulated
time, will not be allowed to submit his bid.
xiii
NIT – 3
GUIDELINES FOR JOINT VENTURE/ CONSORTIUM
1. Following stipulations shall be applicable for Joint Venture (JV) of firms
/Consortium (hereinafter Called JV).
2. Separate Identity/Name should be given to the Joint Venture firm/Consortium.
3. Number of members in a JV / Consortium shall not be more than two (2).
4. One of the members of the JJVV // Consortium shall be the lead member of the
JV/ Consortium who shall have a majority (at least 60%) share of interest in
the JV / Consortium. The other member shall have a share of not less than
25% each. In case of JV / Consortium with foreign member(s), the lead
member has to be an Indian firm with a minimum share of 60% as a whole in
JV / Consortium.
5. In case of the Joint Venture/Consortium the lead member shall full fill the
enlistment criteria define in the DNIT.
6. A member of a JV / Consortium shall not be permitted to participate either in
individual capacity or as a member of another JV / Consortium in the same
Bid.
7. The Bid Document shall be purchased by Lead member only, and submitted
only in the name of JV/Consortium and not in the name of any constituent
member. Normally, EMD shall be submitted only in the name of
JV/Consortium and not in the name of any Constituent member. However, in
exceptional cases, EMD of the lead partner can be accepted subject to
submission of specific request letter from the lead partner stating the
reasons for not submitting the EMD in the name of JV/Consortium and giving
written confirmation from the other JV partners/Consortium to the effect that
the EMD submitted by the lead partner may be deemed as EMD submitted
by the JV /Consortium.
8. General Conditions:
(i) A copy of the MOU as per prescribed format shall be submitted along
with the bid. No JV/Consortium will be accepted after submission of
the bid. Failure to do so will be treated as breach of contract with
consequent liability and damages. The complete details of the
members of the JV /Consortium, their share and responsibility in the
JV/Consortium etc., particularly with reference to financial, technical
and other obligations shall be furnished in the MOU.
xiv
(ii) Once the bid is submitted, the MOU shall not be
modified/altered/terminated during the validity of the bid. In case, the
bidder fails to observe/comply with the above stipulation, except as
per the provision detailed out in Point No. iii below, the full Earnest
Money shall stand forfeited in favour of the Commissioner, Municipal
Corporation, Yamuna Nagar-Jagadhri (HR). In case of successful
bidder, the validity of this MOU shall be extended till all the
contractual obligations as per the contract agreement are fulfilled.
(iii) The constitution of the JV shall not be allowed to be modified after
submission of the bid by the JV/Consortium except when modification
becomes inevitable due to succession laws etc. and in any case, the
minimum eligibility criteria should not get vitiated. In any case, the
lead member should continue to be the lead member of the
JV/Consortium. Failure to observe this requirement would render the
offer invalid.
(iv) Similarly, after the contract is awarded to the JV/Consortium, the
constitution of JV/Consortium shall not be allowed to be altered during
the tenure of contract except when modification becomes inevitable
due to succession laws etc. and in any case, the minimum eligibility
criteria should not get vitiated. Failure to observe this stipulation shall
be deemed to be breach of contract with all consequential penal
action as per contract conditions.
(v) In case of award of Bid to the JV /Consortium, a single Performance
Guarantee will be required to be submitted by the JV /Consortium as
per Bid conditions.
(vi) It shall be noted that for all the guarantees related to the contract,
like Performance Guarantee, Bank Guarantee for Mobilization Advance
/ Machinery Advance etc. shall be accepted only in the name of the
JV/Consortium and no splitting of guarantees amongst the members of
the JV /Consortium shall be permitted.
xv
9. Memorandum of Understanding Joint Venture/Consortium
Agreement.
(a) The Memorandum of Understanding (MOU) between JV /Consortium
partners shall be submitted along with the bid in the standard format
placed at Annexure-9.
(b) The JV/Consortium agreement at the time of submission of Bid shall be
allowed as unincorporated. In the event the bid of JV/Consortium is
accepted and after the issuance of Letter of award (LOA), the
JV/Consortium shall incorporate a new company under the Companies Act,
2013/1956. In case, the bidder fails to observe/comply with this
stipulation before the signing of contract agreement, the full Earnest
Money Deposit shall be forfeited and other penal actions due shall be
taken against all the members of the JV /Consortium.
(c) Authorized Member: JV/Consortium members shall authorize one of
the members, on behalf of the JV /Consortium, to deal with the Bid,
sign the agreement or enter into contract in respect of the said Bid, to
receive payment, to witness joint measurement of work done, to sign
measurement book and similar such actions in respect of the said
Bid/contract. This authorization shall be with further stipulation that it
shall be valid for the entire period of completion of the work
/extended period of completion of the work. All notices/
correspondences with respect to the contract would be sent to this
authorized member .
10. Execution on Non-Judicial Stamp Paper:
(i) The JV /Consortium agreement must be on non-judicial Stamp Paper of Rs.100/- or as per Stamp Act of the concerned State where agreement has been executed.
(ii) The attested copies of documents in support of the JV/Consortium
should be submitted.
(iii) In case of one or more parties to the JV/Consortium is/are partnership
firm/s, the following documents should be enclosed:
• Notary certified copy of Partnership Deed.
• Consent of all the partners of the partnership firm authorizing one
of the partners to enter into the JV/Consortium agreement on a
Stamp Paper of appropriate value (in original).
• Power of Attorney for authorized signatory of JV/Consortium
partners.
• Power of Attorney in favor of one of the partners to act as lead
xvi
partner or constituent member of Joint Venture/Consortium.
(iv) In case of one or more members of the JV/Consortium is/are
proprietary firm or HUF, affidavit on Stamp Paper of appropriate value
declaring that his concern is a proprietary concern and he is sole
proprietor of the concern or he is in position of “KARTA” of Hindu
Undivided Family and he has authority, power and consent given by
other co-partners to act on behalf of HUF.
(v) In case one or more members of the JV/Consortium is/are limited
companies, the following documents shall be submitted:
• Notary certified copy of the Resolutions of the Directors of the
company, permitting the company:
� of entering into the JV/Consortium agreement.
� of authorizing Managing Director/one of the Directors /
Manager or any authorized person of the company to sign the
JV/Consortium agreement.
� of authorizing Managing Director/one of the Directors
/Manager or any authorized person to sign all other
documents, contracts, agreements etc. and create liability
against the company and/or to do any other act on behalf of
the company.
� A Copy of Memorandum and Articles of Association of the
Company.
� Power of Attorney (duly registered as per prevailing law) by
the Company authorizing the person to do/act.
1
SUMMARY OF CONTENTS
Volume – I: Instructions to Bidders and
Condition of Contract
Volume – II: Scope of Work and Technical
Specifications
Volume – III: Drawings
Volume – IV: Price Proposal
2
Volume – I (ITB, Bid Data, GCC, Contract Data and SCC)
Table of Contents
No. Particulars Page No.
Section – 1
A – Introduction
1 General Information 1-2
2 Address for Communication 2
3 Period of Completion 2
4 O & M Period 2
5 Defect liability Period 2
B – Pre Qualification Criteria
7 Eligible Bidders 2
8 Qualification of Bidder 3
C – Bid Document
9 Content of Bid Document 3
10 Cost of Bidding 4
11 Site Visit before Biding 4
12 Omissions, Errors and Clarifications 4-5
D – Preparation of Bid
13 Language 6
14 Alteration Designed Components not acceptable 6
15 Bid Form and Schedule of Price 7
16 Bid Prices 7
17 Bid Currency 8
18 Earnest Money 8
19 Period of Validity of Bid 8
E – Submission of Bids
20 Format and Signing of Bid 8-9
21 Sealing and Marking of Bids 9-11
22 Deadline for Submission of Bids 11
23 Late Bids 11
F – Bid Opening and Evaluation
24 Opening of Bids by Commissioner, Municipal Corporation,
Yamunanagar - Jagadhri
11
25 Preliminary Examination of Bids 11
26 Evaluation for Prequalification 12-13
27 Financial Evaluation 13-14
28 Lack of Competition 14
3
G – Award of Contract
29 Contract Award Criteria 14
30 Commissioner, Municipal Corporation, Yamunanagar - Jagadhri’s
Right to reject any or all Bids
15
31 Notification of Contract 15
32 Signing the Contract Agreement 15-16
33 Corrupt or Fraudulent Practices 16-17
34 Documents Sanctity 17
35 Code of Integrity 17-18
Section – 2 1
36 Annexures & Schedules
Section – 3
37 General Conditions of Contract
Section – 4
38 Special Conditions of Contract
Section - 5
39 Bid Data
Section - 6
40 Contract Data
1
Section - 1
INSTRUCTIONS TO BIDDERS (ITB)
(A) INTRODUCTION
1 General
Information
1.1 Background
Municipal Corporation Yamunanagar was constituted in year 2010 after
including the Municipal Council Yamunanagar, Jagadhari and some
adjoining villages. At present the office of Municipal Corporation is
running in existing office situated in Yamunanagar & Jagadhari. Hon’ble
Chief Minister Haryana had visited Yamunanagar town on dated
01.11.2015 and announced that a office building for Municipal
Corporation Yamunagar & Jagadhari be constructed to fulfill the need of
the citizen of the both towns. In compliance of the announcement made
by Hon’ble CM a detailed project has been prepared.
The Bids are hereby invited for execution of the Work wherein successful Bidder has to complete the work as per detailed scope of Work given in Volume-II.
1.2
Executing Agency/Commissioner, Municipal Corporation,
Yamunanagar - Jagadhri
As per Bid Data Section-5.
1.3
Type of contract
As per Bid Data Section-5.
1.4 All works, proposed for execution under the contract, are specified in
Volume-II of the Bid document under the headline “Scope of Work and
Technical Specifications Section-7”.
1.5 The Bidder shall read the specification and study the scope of work
carefully. He shall submit undertaking of having read bid document at
Annexure-I as stated in point no 4.
1.6 The Bidder is required to carefully study all instructions, forms, terms,
conditions and other details in the Bid documents. Failure to upload
complete and legible information as required in the Bid documents or
submission of a Bid not substantially responsive as per requirements of
the Bid document in every respect will be at the Bidder(s) risk and may
result in rejection of its Bid.
1.7 The Bidder shall sign a declaration under the Official Secrets Act
(Annexure-1 as stated in point no 1) for maintaining secrecy of the
Bid documents, drawing or other records connected with the work.
1.8 The site of execution of the work will be made available as soon as the
work is awarded. In case, it is not possible for the Commissioner,
Municipal Corporation, Yamunanagar - Jagadhri to make the entire
site available on the award of the work, the Bidder shall arrange his
working program accordingly. No claim, whatsoever, for not giving the
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site in full on award of the work or for giving the site gradually in parts
will be tenable. The Bidder may satisfy himself regarding site, availability
of land and accessibility of the sites etc.
1.9 Bidder shall submit only unconditional Bids. Conditional Bids are liable to
be rejected summarily. The Bid documents show already the specific
terms and conditions on which Bids are required by the Commissioner,
Municipal Corporation, Yamunanagar - Jagadhri, hence all Bids
should be in strict conformity with the Bid documents and should be
filled in, digitally signed. Incomplete Bid is liable to be rejected. The
terms and conditions of the Bid document are firm; as such conditional
Bids are liable to be rejected.
1.10 The Bid should be accompanied with GST Registration Certificate.
1.11 Bidders who wish to participate in this Bid will have to register on centralize e-procurement portal i.e. https://etenders.hry.nic.in/.
1.12 The Bidders are advised to acquaint themselves with the detailed
instructions provided for Electronic Biding System as per NIT-1 and
Guidelines for online payment in e-Biding as per NIT-2.
2. Address for
communication
2.1 As per Bid Data Section-5.
3. Period of
Completion
3.1 As per Bid Data Section-5.
3.2 Definitions
• ‘Firm/Agency/Contractor/Bidder used in the Bid document be treated as synonymous.
• Commissioner, Municipal Corporation, Yamunanagar - Jagadhri
used in the Bid document be treated as synonymous.
Project:- “CONSTRUCTION OF OFFICE BULIDING OF MUNICIPAL CORPORATION, YAMUNA NAGAR - JAGADHARI HARYANA”
• EIC as defined in Bid Data Section -5.
4. 1 4.1 As per Bid Data Section-5.
(B) QUALIFICATION CRITERIA
7. Eligible
Bidders 7.1 General Eligibility
Bidders meeting following criteria shall only be considered.
7.1.1 Bidders registered/enlisted in any Municipal Corporation/ Council/
Committee, Haryana and bidders enlisted with CPWD, postal, telecom,
Railways, MES, Other state Government / Central Government under
takings/ organizations for an amount equal to DNIT building works as
on date of submission of the bid Information of Bidder’s own entity
shall be provided in format enclosed at Annexure-2.
7.1.2 Bidders should have deposited required Bid Fee online directly through the debit card and internet banking account.
7.1.3 The Bidders who are black listed/debarred in any State shall not be eligible to bid in this Bid and shall submit undertaking to this effect as per Point No 2 at Annexure -1.
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7.1.4 The Bidder should not have a conflict of interest in the bid in question as
stated in clause 35.2 of ITB.
7.1.5 The Bidder involved in past regarding corrupt and fraudulent practice as
per clause 33 of ITB shall not be allowed in participating the bid.
7.1.6 Bidders in the form of JV / Consortium shall also be allowed as per the
guidelines attached at NIT-3. The information of each member of
JV/Consortium shall be filled in standard format at Annexure -3 and
Annexure-9.
8. Qualification
of Bidder
8.1 Qualification of bidders shall be assessed on the basis of the information
and documents provided in the Bid. Thus bidder has to fulfill all the
required certificates and qualification schedules else there bid is liable to
be rejected.
Financial
Criteria
8.2 Average Annual Construction Turnover (with or without O&M)
(as per Bid Data Section -5 and Schedule -1)
8.3 Net-worth (as per Bid Data Section -5 and Schedule-1)
8.4 Credit Limit (as per Bid Data Section -5 and Schedule-1)
8.5 Bidding Capacity (as per Bid Data Section -5 and Schedule-1 &
2)
8.6 Financial Stability (as per Bid Data Section -5 and Schedule-3)
Technical
Criteria
8.7 Project Execution (Experience of Contract of Similar Size and Nature)
(as per Bid Data Section -5 and Schedule-4)
8.8 “Key Experience” (Experience in key activities) (as per Bid Data
Section -5 and Schedule-5)
Historical
Contract Non
Performance
8.9 History of non- performing contracts (as per Bid Data Section -5
and Schedule-6)
8.10 Failure to sign a contract (as per Bid Data Section -5 and
Schedule-6)
8.11 Pending Litigations (as per Bid Data Section -5 and Schedule-6)
(C) BID DOCUMENT
9. Content of Bid
Document
9.1 The facilities required, Bidding procedures, contract terms and technical
requirements are prescribed in the Bid documents. The Bid document
include the following sections, and addendum’s issued if any till the date
of submission of the Bid:
Volume-I
Notice Inviting Bid Instruction to Bidders & Bid Data (Section 5) Annexures & Schedules General Conditions of Contract
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Contract Data (Section 6) Special Conditions of Contract (Section 4)
Volume-II
Scope of Work & Technical Specifications
Volume-III
Drawings
Volume-IV
Price proposal (BOQ)
10. Cost of
Bidding
10.1 The Bidder shall bear all costs associated with the preparation and
submission of its Bid, and the Commissioner, Municipal Corporation,
Yamunanagar - Jagadhri will in no case be responsible or liable for
these costs, regardless of the conduct or outcome of the Biding process.
10.2 It shall be obligatory on the successful Bidder to pay stamp charges on
the contract for preparation of contract agreement, as prevailing on date
of execution of the contract.
11. Site Visit
Before
Bidding
11.1
The Bidder and any of its personnel or agents will be granted permission
by the Commissioner, Municipal Corporation, Yamunanagar -
Jagadhri to enter upon its premises and lands for purpose of such site
visits, but the Bidder and its personnel will be responsible for death or
personal injury, loss of or damage to property and any other loss,
damage, costs and expenses incurred as a result of the site visits
Bidder to
inform
himself fully
11.2 It is important for the bidder to note the scope of work defined in
contract, in view of such conditions the bidder is advised to visit the site
himself.
The Bidder will be deemed to have satisfied himself as to all the
conditions and circumstances affecting the contract price (e.g. as to the
general circumstance at the site(s) of the work, the general labour
position at the site, the availability of construction material, water,
electricity, the transport conditions, the climatic and meteorological
conditions) and to have fixed his prices according to his own view about
these.
The Commissioner, Municipal Corporation, Yamunanagar - Jagadhri ,
will not be responsible for the personnel of the Bidder and for all acts in
relation with site inspection
No claims except as otherwise expressly provided will afterwards be
accepted on account of conditions/ approach to the given site(s) for
execution of work as per scope of work.
The Bidder shall be responsible for any
misunderstanding or incorrect information however obtained except the
information given in writing by the Commissioner, Municipal Corporation,
Yamunanagar - Jagadhri.
12. • Omissions,
Errors and
12.1 Bidders shall carefully examine the scope of work and specifications and
fully inform themselves as to the conditions and matters which may in
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clarification
• Pre Bid
meeting
• Amendment
of Bidding
Documents
any way affect the work or the cost thereof. Should a Bidder find
discrepancies or omissions in the documents or should he be in doubt as
to their meaning he should notify the Commissioner, Municipal
Corporation, Yamunanagar - Jagadhri in writing not later than 14 days
before bid submission end date. The Commissioner, Municipal
Corporation, Yamunanagar - Jagadhri will respond to any request.
Any resulting interpretation or modification of the Bid documents shall
be issued online to all Bidders as an addendum, which will become a
part of the Bid documents. The Bidders shall acknowledge in writing the
receipt of each addendum.
No claims except as otherwise expressly provided will afterwards be
accepted due to non-understanding or misinterpretation of the Bid
documents and addendums issued.
12.2 The Bidders designated representative (having authority letter) is invited
to attend a pre-Bid meeting, if any, as defined in Bid data sheet.
12.3 At any time prior to the deadline for submission of Bids, the
Commissioner, Municipal Corporation, Yamunanagar - Jagadhri may, for
any reason, whether at its own initiative, or in response to a clarification
requested by a prospective Bidder, amend the Bid documents.
12.4 Clarification to Bidder’s queries and amendment will be notified on web
sites https://etenders.hry.nic.in/. In e-bidding process, it is not
possible to have correspondence in writing with the bidders who have
downloaded the bid documents; Bidders are informed to check the
portal at regular intervals for any such amendments to the Bid
document. Commissioner, Municipal Corporation, Yamunanagar -
Jagadhri will not be responsible, if bidder did not download the
addendum from the website.
12.5 In order to provide prospective Bidders reasonable time to take the
amendment into account, in preparing their Bid, the Commissioner,
Municipal Corporation, Yamunanagar - Jagadhri may, at its discretion,
extend the deadline for the submission of Bids, in which case, the
Commissioner, Municipal Corporation, Yamunanagar - Jagadhri will
notify online to bidders of the extended deadline, for submission of Bids.
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(D) PREPARATION OF BIDS
13. Language of
Bid
13.1 The Bid prepared by the Bidder and all correspondence and documents
related to the Bid exchanged by the Bidder and the Commissioner,
Municipal Corporation, Yamunanagar - Jagadhri shall be written either in
English provided that any printed literature furnished by the Bidder may
be written in another language, as long as such literature is
accompanied by a translation of its pertinent passages in the language
mentioned herein, in which case for purposes of interpretation of the
Bid, the translation shall govern.
14. Alteration of
Designed
components
not
acceptable
14.1 No principal deviations and exceptions are allowed, in the specifications
and in the basic requirements of the total project.
14.2 Bidders, who propose any alteration in the basic requirement, as
specified in Volume II and its addendum if any, or which contain any
other conditions of any sort will be liable to rejection.
14.3 Inclusion of additional equipment, civil work or other plant and material
which in the Bidder’s opinion is required to satisfy the scope of work will
not constitute a deviation.
Makes and
origin of the
equipment
14.4 Bidder shall offer rates as per the makes/specification given of the
equipment/material in the Bid document or of any superior make if
makes are not prescribed of the items, conforming to prescribed
specifications indicated in the Volume-II “Scope of Work & Technical
Specifications”. The Bidder shall quote only one price for each item
mentioned in Price Proposal Volume-IV, irrespective of the finally
selected make.
14.5 In case, the Bidder proposes to use any imported equipment/ part of
equipment/material he shall indicate clearly and shall be responsible for
arranging import license etc. for the same. All expenses to be incurred
by the Bidder in connection with such import including customs duty etc.
as applicable shall be included in the prices quoted. However if
provisions permit, the Commissioner, Municipal Corporation,
Yamunanagar - Jagadhri shall assist to arrange certificates for
exemption from custom duty and the bidder should account for all such
exemption while quoting the cost. However the Commissioner, Municipal
Corporation, Yamunanagar - Jagadhri shall not be liable to pay any
compensation in case such provisions are withdrawn subsequently.
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15. Bid Form and
Schedule of
price
15.1 The Bidder will complete the Schedule of Price furnished in the Bid
documents as indicated therein. The terms and conditions for payments shall
be in accordance with the provisions of the conditions of contract(s) in
volume-I and II of Bid document referred in ITB clause 9.1
16. Bid Prices 16.1 The contract will be for the complete work or part thereof as described in
Clause 1.3, of ITB based on the Price proposal submitted in Volume-
IV. The Single Percentage rate for the (HSR+CP) items and Item rate for
NS Items quoted shall remain firm throughout the currency of contract
period. The price adjustment/price variation, if any, shall be as per Bid
Data Section-5.
16.2 Type of Contract as per Bid Data Section-5.
16.3 The Bidder will quote his Single Percentage Rate for the (HSR+CP) items and Item rate for NS Items only in one language in English. Single Percentage Rate should be quoted in figures as well as in words and in case the rates so quoted differ, then rate quoted in words shall be treated as the rate quoted by the Bidder.
16.4 The Bidder will quote his Single Percentage Rate for the (HSR+CP) items
and Item rate for NS Items given in prescribe format of Volume IV of the
Bid document as per the specifications given for installation and for the
material and other direct and indirect costs to be incurred during period.
16.5 Items not specifically mentioned in the description of the items given in
Volume IV, but which are required to be executed for the satisfactory
completion of the complete system, as specified in scope of work, shall
not be separately paid for by the Commissioner, Municipal Corporation,
Yamunanagar - Jagadhri when executed and shall deemed to have been
covered under rate quoted for specified items in his Schedule of Prices.
16.6 The Bidder will satisfy himself regarding the availability of the material
required for execution within the time frame prescribed for the Project
and if desired will take into account the cost of superior material to be
used as its replacement. No time extension or additional cost shall be
allowed on this account.
16.7 The Single Percentage Rate for the (HSR+CP) items and Item rate for
NS Items quoted by the Bidder shall include all costs including survey,
planning, designing, labour, materials, construction, plant and
equipment, transport charges, testing any other expenses like duties,
Taxes and other levies whatsoever to the State or Central Department or
to the Local Bodies on the components or the completed works and for
satisfactory performance of the Bidders obligations under this contract.
To fulfill the obligations towards any clause of the Bid document referred
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in ITB clause 9.1.
16.8 For all imported equipment(s) or components, the Bidder under this
contract must provide a copy of the duties/taxes paid for the record of
the Commissioner, Municipal Corporation, Yamunanagar - Jagadhri.
17. Bid Currency 17.1 All prices shall be quoted in the Indian Rupee. The Commissioner,
Municipal Corporation, Yamunanagar - Jagadhri will not arrange any
foreign currencies for import of any type of material/spares/man power
etc.
18. Earnest
Money
18.1 An amount of Earnest money as mentioned in DNIT must accompany the
Bid which should be payable to the office as prescribed in Bid Data
Sheet and deposited online in accordance with the conditions of e-
Biding as mentioned in NIT-1 & 2.
18.2 Scanned copy of proof of payment of earnest money i.e. receipt of
transaction of EMD should be uploaded while submitting the bid.
18.3 After the award of the Contract, the Earnest money of unsuccessful
bidders will be refunded within one month of award of contract without
any rate of interest.
18.4 The Earnest money may be forfeited:
a) If the Bidder withdraws its Bid during the period of Bid validity.
b) In case of successful Bidder, he fails within the specified time limit to
sign the Contract Agreement, in accordance with ITB clause-32 and
furnish the required performance security.
c) If the Bidder modifies his offer after opening of the financial Bids/
negotiations, his offer shall stand cancelled automatically, his earnest
money shall be forfeited and action for debarring him from business
shall be taken as per enlistment rules.
19. Period of
Validity of Bid
19.1 As per Bid Data Section-5
(E) SUBMISSION OF BIDS
20. Format and
Signing of Bid
20.1 Bidder shall submit their offer on line in electronic format both for
technical and financial proposal and all documents should be digitally
signed. Bidder shall procure digital certificate as per IT act. In case of a
Company incorporated under 2013 company Act/ partnership firm, bid
must be digitally signed separately by each partner, thereof, or in the
event of the absence of any partner, it must be digitally signed on his
behalf, by a person holding power of attorney, authorizing him to do so.
Such power of attorney will be submitted with the Bid (Annexure-4).
20.2 Earnest money as mentioned in DNIT must accompany the Bid which
should be payable online and deposited online in accordance with the
9
conditions of e-Biding as mentioned in Page-NIT-1 & 2. Scanned copy
of proof of payment of earnest money i.e. receipt of transaction of EMD
should be uploaded while submitting the bid.
20.3 All omissions in the Schedule of price must be serially numbered and
attested by the officer opening the bids, so as to make further dispute
impossible on this score
20.4 The documents listed in ITB clause-21, along with addendum’s issued
till the date of bid submission, shall be filled by the bidder to bind the
bidder to contract. A certificate regarding all pages of the bid has been
digitally signed should be attached with qualification bid.
20.5 Before electronic submission of Bid, it should be ensured that all the Bid
papers including conditions of contract are read, understood by the
Bidder.
20.6 The uploaded document of the bid shall contain no alteration, or
additions, unless notified. In case the bidder makes addition and/or
correction, the provision written in the original document, read with the
addendum or corrigendum issued shall prevail.
21. Sealing and
Marking of
Bids
21.1 Bidder shall submit their offer only in online electronic format both for
technical and financial proposal and all documents should be digitally
signed. Payment of EMD shall be made online directly through RTGS /
NEFT as defined in DNIT and all original papers related to Bank
guarantee, power of attorney etc. should be submitted manually in the
office of Biding authority before date & time of opening of technical bids
and their scanned copy should be uploaded alongwith the technical bid.
Contents of
Technical
proposal
21.2 Technical Bid should contain following: SCANNED COPIES under
different covers / envelopes.
Cover-1 (Proof of Payment)
(a) Proof of payment of Bid document fee, e-service fee and payment of
earnest money deposit in accordance with DNIT conditions.
21.3 (Technical Bid)
Cover – 2
(a) The name and designation of a person signing shall be clearly
indicated. In case of a Company incorporated under 2013 company Act/
partnership firm / group of companies, a power of attorney for the
person authorized to sign issued by the partners or authorized
signatory in standard format at Annexure-4 shall accompany the
Bid.
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(b) Bid letter and memorandum duly filled in and signed, as per
Annexure-5 & 6.
(c) An undertaking confirming that ‘for modifications/ deviations to
conditions of contract / technical specifications no price information
is indicated in (cover 1 & 2) shall be enclosed Annexure-1 stated
at point no 3. Bid not containing such under taking will not be
considered for further evaluation.
(d) A declaration shall have to be made by the Bidder that he has read,
understood and accepted without changes, revisions or conditions,
the Bid documents and addenda (if any) issued by the
Commissioner, Municipal Corporation, Yamunanagar - Jagadhri , as
per Annexure-1 stated at point no 4.
(e) A declaration under the official secrets Act for maintaining secrecy of
the Bid documents, drawing or other records connected with the
work given to him of ITB as per Annexure-1 stated at point no
1.
(f) Declaration by the Bidder regarding Qualification Annexure-1
stated at point no 5 & 6. (g) All addendums issued till date of Bid.
(h) Qualification Schedules as required in this Vol-I along with
supporting documents, consisting of document showing annual
turnover i.e. Audited Balance Sheets & profit and loss accounts for
the last 3 years as per provisions in Bid Data (Section -5) and
Schedule-1.
(i) Document showing Net Worth of the Bidder (Certificate of a Charted
Accountant) as per provisions in Bid Data (Section -5) and
Schedule-1
(j) Document showing Credit Line Facility of the bidder as per provisions
in Bid Data (Section -5) and Schedule-1.
(k) Calculation sheet for bidding capacity as mentioned in Bid Data
(Section -5) and Schedule-1 & Schedule -2.
(l) Document in support of pending litigation and history of non
performance of contract in accordance Bid Data (Section -5) and
Schedule- 6.
(m)Documents in support of experience of bidder for execution and commissioning as per provisions in Bid Data (Section -5) and
Schedule- 4 & 5.
(n) Form for Financial Stability as per provision in Bid Data (Section -5)
and Schedule-3. (o) GST Registration Certificate.
21.4 The qualification information has to be provided very carefully since it
will be a basis for the qualification of firms. Only relevant and to-the-
11
point information shall be indicated. Bidders must not supply information
not requested in the Bid documents nor make any comments.
Failure to provide any information may lead to the rejection of the offer.
Cover -3
(Financial
Bid)
21.5 Financial Bid/Price Bid shall be submitted, as per Vol -IV of this
Tender Document, online on website and shall be digitally signed.
This shall contain: (i) Preamble to Price Schedule duly signed, (ii) Form
of Price Proposal duly signed, (iii) BOQ duly signed (iv) Price Bid in MS
Excel.
The bidder shall make online financial bid as At par or Percent above or percent below for (HSR+CP) items and specific item rate for
NS Items the estimated total cost in the BOQ as specified therein.
22. Deadline for
submission of
Bids
22.1 The online Bid shall be submitted in the time stamped electronic Bid box
separately cover wise and Price bid digitally signed by the Authorized
signatory holder on https://etenders.hry.nic.in/ up to the scheduled date
and time for submission prescribed by Commissioner, Municipal
Corporation, Yamunanagar - Jagadhri or extended date thereof for
online submission.
23. Late Bids 23.1 The system does not permit electronic submission of Bids after the due
time and date.
(F) BID OPENING AND EVALUATION
24. Opening of
Bids by
Commissioner
, Municipal
Corporation,
Yamunanagar
- Jagadhri
24.1 The Superintending Engineer, Municipal Corporation, Yamuna Nagar-
Jagadhri or other duly authorized authority will open the Bids online in
presence of Bidder (s) or their authorized representative(s) along with
Executive Engineer & Assistant Engineer and intending agencies who
may choose to be present at the time of Bid opening. The Bids shall be
opened in two stages. In first stage the Cover 1 (Payment Proof) and
Technical Bid (Cover 2) shall be opened and evaluated. The financial
part shall be opened of only responsive Bids, qualified by competent
authority, at a later date, which will be informed online to all responsive
and qualified Bidders.
24.2 In first stage, Cover-1 of the Bids, will be opened. The Bidder’s name,
the status of deposition of earnest money, will be announced by the Bid
Opening Authorities.
25. Preliminary
Examination
of Bids
25.1 The contents of Cover ‘2’ of the individual Bids will be downloaded
summarily in order to access their formal conformity and agreement
with the instructions and guidance to the Bidders and the completeness.
Any Bid not confirming to any of these requirements may be disqualified
forthwith at the discretion of Commissioner, Municipal Corporation,
Yamunanagar - Jagadhri.
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Confidential
Treatment
25.2 The Technical Evaluation Committee headed by S.E, MC Yamunanagar-
Jagadhari will evaluate the Bid, information relating to the examination,
clarification and comparison of the Bidders and recommendations for the
award of the contract shall not be disclosed to Bidders or to any other
person not officially concerned with the evaluation process until the
award to the successful Bidder has been announced. Any efforts by a
Bidder to influence the evaluation process or the recommendations and
decisions for award may result in the rejection of its Bid.
Substantial
Bid
25.3 Notwithstanding the preliminary examination, the Technical Evaluation
Committee will determine the substantial Bidder. Substantial Bids are
those, which meet the following requirements.
• Earnest money as mentioned in DNIT in accordance with the
conditions of e-Biding.
• Responsive to all requirements of the Bid documents and the
instructions to Bidders
• No Clarification and substantiation required to access the quality of
the offer
• No deviations and reservations affecting the scope and quality of the
work,limiting the rights of the Commissioner, Municipal Corporation,
Yamunanagar - Jagadhri or the Bidders obligations, or whose
rectification would affect the competitive position of the other
substantial Bidder.
25.4 It is expressly stated that the information contained in Cover “1” & “2” of the Bid will be used to define whether a Bid is substantial or not. The Bidders are, therefore, advised to submit complete Bid only.
26. Evaluation for
qualification
26.1 The Technical Evaluation Committee will carry out a detailed evaluation
of the Bids in order to determine whether the firm is qualified in
accordance with the qualification criteria and requirements set forth in
the Bid documents. In order to reach such a determination, the
Technical Evaluation Committee will examine the information provided in
the schedules and the submitted supporting documents, on the basis of
information supplied by the Bidders.
26.2 The bidders who are qualified will be informed online by the Technical Evaluation Committee in due course of time.
26.3 The Technical Evaluation Committee reserves the right not to consider
any deviation that in the sole discretion of the Technical Evaluation
Committee is found unacceptable. The Technical Evaluation Committee
require such deviations to be withdrawn, for the unaccepted deviations.
The evaluation subsequently will be made on the rates quoted for such
items in offer.
26.4 The Superintending Engineer, Municipal Corporation, Yamunanagar -
13
Jagadhri or other duly authorized authority reserves the right to ask for
submission of the source of procurement for the materials for which the
Bidder is quoted his rates before the Bid can be considered for
acceptance. If the Bidder, who is called upon to do so, does not submit
the source of procurement, Commissioner, Municipal Corporation,
Yamunanagar - Jagadhri shall be at liberty to forfeit the earnest money
of such Bidder absolutely on recommendation of Superintending
Engineer.
26.5 The Executive Engineer, Municipal Corporation, Yamunanagar - Jagadhri
may also ask the qualified bidder in this stage to come and negotiate
with the given technological considerations, methodology, execution
plant etc. as given in the Bids and ask for the revisions in the above
schedules. Any negotiations in this regard shall not be an excuse for
making a revised financial offer. Having received such negotiated offers
for the execution of the work, the Executive Engineer , Municipal
Corporation, Yamunanagar - Jagadhri shall inform all qualified bidders
regarding the date of opening of the financial bids.
27. Financial
Evaluation
27.1 The original financial offer or the revised financial offer, as the case may
be, of the qualified Bidders whose Bids are considered ,Technical
Evaluation Committee as responsive will be opened at a date and time
as informed online.
27.2 Superintending Engineer along with Executive Engineer and AE,
Municipal Corporation, Yamunanagar - Jagadhri or other duly
authorized authority will open the Bids in the presence of any Bidder(s)
or their authorized representatives who choose to be present at the time
of opening of financial Bids, and will enter the rate/ amount of all Bids in
the register of Opening of Bids.
27.3 Provided that a Financial Bid is substantially responsive, the Technical
Evaluation Committee will correct arithmetical errors during
evaluation of Financial Bids on the following basis:
(a) If there is a discrepancy between words and figures, the amount in
words shall prevail.
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Evaluated
Tender Price
27.4 Technical Evaluation Committee shall compare all substantially
responsive bids to determine lowest evaluated bid. All the bids shall be
evaluated based on single percentage rates quoted on total amount of
DNIT by the bidder.
The tender will be awarded to the bidder based on the above
said evaluation criteria i.e. least evaluated tender Price.
28. Lack of
Competition
28.1 (i) A situation may arise where, if after evaluation of bids the bid
evaluation committee may end-up with one responsive bid only, in
such situation, the bid evaluation committee should check as to
whether while floating the Notice Inviting Bids all necessary
requirements to encourage competition like standard bid conditions,
industry friendly specifications, wide publicity, sufficient time for
formulation of bids, etc. were fulfilled. If not, the Notice Inviting
Bids should be refloated after rectifying deficiencies. The bid process
shall be considered valid even if there is one responsive bid,
provided that-
(a) The bid is technically qualified;
(b) The price quoted by the bidder is assessed to be reasonable;
(c) the bid is unconditional and complete in all respects;
(d) There are no obvious indicators of cartelization amongst
bidders; and
(e) The bidder is qualified as per Bid request.
(ii) The bid evaluation committee shall prepare a justification note for
approval by the next higher authority of the procuring entity, in
which the concurrence of the accounts member shall be necessary.
(iii) In case of dissent by any member of bid evaluation committee the
next higher authority in delegation of financial powers shall decide
as to whether to sanction the single bid or re-invite bids after
recording reasons.
(G) AWARD OF BID
29. Contract
award
Criteria
29.1 The Commissioner, Municipal Corporation, Yamunanagar -
Jagadhri will award the work normally to the lowest responsive
bidder(s).However the acceptance of the rates of Bid will rest with the
competent authority who does not bind itself to accept the lowest Bid,
and reserves the right to accept or reject any or all the Bids received
without assigning any reason.
29.2
The Earnest Money of the successful bidder shall not be refunded and
shall be adjusted against Security Deposit.
15
30. Commissioner
, Municipal
Corporation,
Yamunanagar
- Jagadhri
Right to
Accept Any
Bid and to
Reject Any or
all Bids
30.1 The Commissioner, Municipal Corporation, Yamunanagar - Jagadhri
right to accept or reject any or all Bids at any time prior to award of
contract, will not incur any liability, to the affected Bidders, of the
grounds for the Commissioner, Municipal Corporation, Yamunanagar -
Jagadhri action.
31. Notification of
contract
31.1 Prior to the expiry of the period of Bid validity, the Executive Engineer,
Municipal Corporation, Yamunanagar - Jagadhri will notify the
successful Bidder online that its Bid has been accepted. The notification
of award will constitute the formation of the contract, for all legal
purposes. The contract period shall be as per Bid Data Section 5 from
the date of notification of award for the purpose of placement of detailed
work order(s).
Officer(s) as authorized by Commissioner, Municipal Corporation,
Yamunanagar - Jagadhri or is authorized representative shall issue
detailed work order(s) for execution and sign the agreement with the
successful bidder.
32. Signing the
Contract
Agreement
32.1 Within 30 days from award of work by Commissioner, Municipal
Corporation,Yamunanagar–Jagadhri or authorized
representative, the successful Bidder shall sign the contract
agreement.
The following, duly filled in and signed documents, shall form the
contract agreement:
A- Agreement (format placed at Annexure-7)
B- Letter of award and any pre award correspondence between EIC
Municipal Corporation, Yamunanagar - Jagadhri and the
Bidder.
C- Bid documents (bearing stamp of the firm and initials of the
authorized signatory for this Bid on behalf of the firm) Contained in:
Vol.-I: Instruction to Bidders, Bid Data, Contract Data, GCC & SCC,
Vol.-II: Scope of Work and Technical Specifications,
Vol.-III: Drawings
Vol.-IV: Price proposal
All Addenda issued
D- The Bid offer
32.2 On acceptance of the Bid, the name of the accredited representative(s)
of the Bidder (with a photograph and signature attested) who would be
responsible for taking instructions from the Commissioner, Municipal
16
Corporation, Yamunanagar - Jagadhri / Engineer in Charge, shall be
communicated to the Successful Agency.
32.3 After acceptance of the Bid, the Bidder or all partners (in the case of
partnership firm) or the authorized representative of the firm with a
valid power of attorney will append photographs and signatures duly
attested, at the time of execution of Agreement.
32.4 Receipt for payments, made on account of a work when executed, by a
firm must also be signed by the partners, except where the Bidders are
described in their Bid as a firm, in which case the receipt must be signed
in the name of the firm by one of the partner or by some other person
having authority to give effectual receipts for the firm.
32.5 GST or any other tax/duties/levies on materials, or income tax in respect
of the contract shall be governed by provisions given in the conditions of
contract. Deduction of income tax or any other tax/duties/levies at
source will be made as per provisions of the income tax Act, in force
from time to time.
32.6 If any Bidder, who having submitted a Bid does not execute the
agreement or does not start the work or does not complete the work and
the work has to be put to re-Biding, he shall stand debarred from
participating in such re-Biding in addition to forfeiture of Earnest
Money/Security Deposit and other action under agreement..
33. Corrupt or
Fraudulent
Practices
33.1 The Commissioner, Municipal Corporation, Yamunanagar - Jagadhri defines, for the purposes of this provision, the terms set forth elow as follows: i- ‘Corrupt practice’ means the offering, giving, receiving or soliciting of
anything of value to influence the action of a public official in the
procurement process or in contract execution: and
ii- ‘Fraudulent practice’ means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Commissioner, Municipal Corporation, Yamunanagar
- Jagadhri and includes collusive practice among Bidders (prior to or
after Bid submission) designed to establish Bid prices at artificial non
competitive levels and to deprive the benefits of free and open
competition.
33.2
Any efforts by a Bidder to influence the Technical Evaluation
Committee in the Bid evaluation, Bid comparison or contract award
decisions may result in rejection of the Bidder’s Bid.
17
33.3 The Commissioner, Municipal Corporation, Yamunanagar -
Jagadhri will reject a proposal for award if it determines that the Bidder
recommended for award has engaged in corrupt or fraudulent practices
in competing for the contract in question.
34. Documents
sanctity
34.1 All documents/certificates submitted by the Bidder on line, shall be
considered by the Commissioner, Municipal Corporation,
Yamunanagar - Jagadhri at the time of the qualification and technical
evaluation. If at any point of time on verification of the
documents/certificates submitted by the bidder found to be
false/fraud/fake/bogus/counterfeit etc. the contract shall be liable to be
rejected and necessary action shall be taken against the Bidder/firm as
per rule/law in force.
35. Code of
Integrity
35.1 Any person participating in the procurement process shall -
(a) not offer any bribe, reward or gift or any material benefit either
directly or indirectly in exchange for an unfair advantage in
procurement process or to otherwise influence the procurement
process;
(b) not misrepresent or omit that misleads or attempts to mislead so as
to obtain a financial or other benefit or avoid an obligation;
(c) not indulge in any collusion, Bid rigging or anti competitive behavior
to impair the transparency, fairness and progress of the
procurement process;
(d) not misuse any information shared between the procuring Entity
and the Bidders with an intent to gain unfair advantage in the
procurement process
(e) not indulge in any coercion including impairing or harming or
threatening to do the same, directly or indirectly, to any party or to
its property to influence the procurement process;
(f) not obstruct any investigation or audit of a procurement process;
(g) disclose conflict of interest, if any; and
(h) disclose any previous transgressions with any Entity in India or any
other country during the last three years or any debarment by any
other procuring entity.
18
Executive Engineer,
Municipal Corporation,
Yamunanagar-Jagadhari
Conflict of
Interest
35.2 The Bidder participating in a bidding process must not have a Conflict of
Interest
I. A conflict of interest is considered to be a situation in which a party
has interests that could improperly influence that party's performance
of official duties or responsibilities, contractual obligations, or
compliance with applicable laws and regulations.
II. A Bidder may be considered to be in conflict of interest with one or
more parties in this bidding process if, including but not limited to:
a. have controlling partners/shareholders in common; or
b. Receive or have received any direct or indirect subsidy from any
of them; or
c. Have the same legal representative for purposes of this Bid; or
d. Have a relationship with each other, directly or through common
third parties, that puts them in a position to have access to
information about or influence on the Bid of another Bidder, or
influence the decisions of the Procuring Entity regarding this
bidding process; or
e. The Bidder participates in more than one Bid in this bidding
process. Participation by a Bidder in more than one Bid will result
in the disqualification of all Bids in which the Bidder is involved.
However, this does not limit the inclusion of the same sub Bidder,
not otherwise participating as a Bidder, in more than one Bid; or
f. The Bidder or any of its affiliates participated as a consultant in the
preparation of the design or technical specifications of the Goods
and Services that are the subject of the Bid; or
g. Bidder or any of its affiliates has been hired (or is proposed to be
hired) by the Procuring Entity as engineer-in-charge/ consultant
for the contract.
Section – 2 Annexure & Schedules
Annexure-1
Declaration/ Undertaking
(to be submitted on Non Judicial Stamp paper of Rs 100/- )
1. “I/We ------------------hereby declare that I/We shall treat the Bid documents, drawings
and other records, connected with the work, as secret confidential documents and shall
not communicate information derived to any person other than a person to whom I/We
am/are authorized to communicate the same or use the information in any manner
prejudicial to the safety of the same”. I/We understand that failure to observe the
secrecy of the Bids will render the Bid, liable to summary rejection.
2. I/We ---------------------------------(name of bidder) undertake and certify that we have
not been blacklisted/ debarred by Municipal Corporation, Yamunanagar-Jagadhari /
DULB / ULB / PHED, Haryana and any State / Central Govt. or their undertakings and
autonomous bodies; effective as on bid submission date.
3. I/We undertake and confirm that “for modifications/deviations to Conditions of Contract
/ Technical Specifications no price information is indicated in Envelope Cover 1 &
2.I/We understand that if this Undertaking is found to be incorrect, our Bid may not be
considered for Evaluation in future for financial evaluation, for which I/WE shall be
liable for all consequences and / or damages.
4. I/We _____________________________ the undersigned, hereby certify that I/We
have read, understood all the terms and conditions given in the Bid document,
including those in the addenda issued by the Department and the same are acceptable
to us without any deviations. If this declaration is found to be incorrect then without
prejudice to any other action that may be taken, my/our EMD & security may be
forfeited in full & the Bid, if any to the extent accepted may be cancelled.
5. I/we do not have, and our directors and officers not have, been convicted of any
criminal offence related to my/our professional conduct or the making of false
statements or misrepresentations as to my/our qualifications to enter into a
procurement contract within a period of three years preceding the commencement of
this procurement process, or not have been otherwise disqualified pursuant to
debarment proceedings;
6. I/we do not have a conflict of interest as specified in the Act, Rules and the Bidding
Document, which materially affects fair competition;
(Bidders authorized representative) Company Seal
Full Name ________________ Designation_______________ Address ___________________
Annexure-2
Bidder’s Information Sheet
Bidder’s Information
Bidder’s Legal Name
Bidder’s Country of
Constitution
Bidder’s Year of
Constitution
Bidder’s Legal Address in
Country of Constitution
Bidder’s Authorized
Representative
(name, address, telephone
numbers, fax numbers, e-mail
address)
Attached are copies of the following original documents.
1. In case of single entity, articles of incorporation or constitution of the legal entity
named above.
2. Authorization to represent the firm named in above, in accordance with ITB 20.1.
3. Enlistment certificate
(Bidders authorized representative)
Company Seal
Full Name ________________
Designation_______________
Address _________________
Annexure-3
JV/Consortium Information Sheet
Each member of a JV /Consortium must fill information in this form.
Bidder’s legal name
JV/Consortium Partner’s legal
name
JV/Consortium Partner’s
country of constitution
JV/Consortium Partner’s year
of constitution
JV/Consortium Partner’s legal
address in country of
constitution
JV/Consortium Partner’s
authorized representative
information
(name, address, telephone
numbers, fax numbers, e-mail
address)
Attach copies of the following documents.
1. Articles of incorporation or constitution of the legal entity named above.
2. Authorization to represent the firm named above.
3. In case of JV/Consortium, letter of intent to form JV or JV agreement.
(Bidders authorized representative)
Company Seal
Full Name ________________
Designation_______________
Address _________________
Annexure-4
Power of Attorney of the Representative of a Bidder
The firm M/s………………………………..authorize the following Representative to
sign and submit the Bid document, negotiate terms and conditions for the
contract, to sign the contract, to deal with the Municipal Corporation,
Yamunanagar-Jagadhari, to issue and receive correspondence related to all
matters of the Bid for the Project "CONSTRUCTION OF OFFICE BUILDING OF
MUNICIPAL CORPORATION, YAMUNA NAGAR-JAGADHARI”. We / M/s
_______________________ undertake the responsibility due to any act of the
representative appointed hear by.
For Partnership Firm’s
S. No. Name of the All Partner Signature of Partner with Seal
1.
2.
3.
4. Name and Designation of the person
Authorized
5. Attested Signature of the Authorized
Representative
For Limited Firm’s
Name and Designation of the person
Authorized
Firm
Address
Telephone No.
Fax No.
Telex No.
Authority By which the Powers is
delegated
Attested Signature of the Authorized
Representative
Name and Designation of person attesting
the signatures
• To be Prepared on Stamp Paper of Rs.100/- duly attested by Notary
Annexure-5
BID LETTER
To,
The Commissioner, Municipal Corporation, Yamunanagar- Jagadhari.
Sub.: “CONSTRUCTION OF OFFICE BUILDING OF MUNICIPAL CORPORATION, YAMUNA NAGAR-JAGADHARI”
Ref: Your DNIT No. _________
Dear Sir,
1. Having carefully examined all the parts of the Bid documents and the
addenda (if any) for the execution of the above mentioned works, having
obtained all requisite information affecting this Bid, having visited the site
and being aware of all conditions and difficulties likely to affect the execution
of the contract, we, the undersigned, hereby offer to execute the single
responsibility job on Single Rate Percentage for (HSR+CP) items and Item
Rates for NS Items basis as described in the Bid Documents and to hand over
the whole of the said works in conformity with the drawings, conditions of
contract, technical conditions and scope of work, for the sum indicated in the
financial offer and such other sum as may be ascertained in accordance with
the Contract.
2. We declare that we have read and understood that we accept all clauses,
conditions, descriptions, drawings of the Bid documents volume I to volume
IV, and subsequent addenda (if any) without any change, reservations and
conditions. If any change, reservation or condition has been made in our Bid
we herewith withdraw it.
3. We undertake, if our Bid is accepted, to commence the work within 10 days
of the work order and to complete the work in the stipulated time for
completion.
4. If our Bid is accepted we will provide a security deposit in the required form
in the sums as stipulated in the Bid documents.
5. Unless and until the formal agreement is prepared and signed, this Bid,
together with your written acceptance thereof shall constitute a binding
contract between us.
6. We agree to abide by this Bid for the period of 120 days from the date of
opening of the Technical bid and it shall remain binding upon us and may be
accepted by you at any time before the expiry of that period, and not to
make any modifications in its terms and conditions which are not acceptable
to you.
7. We are submitting the Earnest Money of Rupees Fifty Six Lakh only.
8. Duly Authorized to sign the bid for and on behalf of bidder in the capacity of
(Name, Address, Telephone, Email, Telefax, Telex)
Signature of the authorized representative ..............................................
(i) Designation.
(ii) Name of Bidder
Annexure-6
Bid for Works & Memorandum
1.1 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
there of forfeit to and pay to the Commissioner ,Municipal Corporation
Yamunanagar- Jagadhari or its successor in office the sums of money mentioned
in the said conditions.
1.2 in case this Bid is accepted. The sum of Rs 56,56,000/- Paid to Commissioner
,Municipal Corporation Yamunanagar- Jagadhari as Earnest Money, the full
value of which is to be absolutely retained to the Commissioner ,Municipal
Corporation Yamunanagar- Jagadhari or its successor in office without prejudice
to any other rights or remedies of the Commissioner ,Municipal Corporation
Yamunanagar- Jagadhari or its successor in office.
Should I/We fail to commence the work specified in the below memorandum the
said sum of Rs……………… shall be forfeited by the Commissioner ,Municipal
Corporation Yamunanagar- Jagadhari on account of the security deposit specified
in clause I of the said conditions of contract.
1.3 Should I/We withdraw or modify the Bid within the bid validity period from the
date of opening of Technical Bid, my/our earnest money will stand forfeited to
Commissioner ,Municipal Corporation Yamunanagar- Jagadhari and in both the
cases any expenses which may be incurred in excess of the sum which would
have been paid to the original contractor if the whole work had been executed by
him (of amount of which excess the certificate in writing the Commissioner
,Municipal Corporation Yamunanagar- Jagadhari shall be final and conclusive)
shall be borne and paid by the original contractor and may be deducted from any
money due to him by Government/Commissioner, Municipal Corporation,
Yamunanagar - Jagadhri under the contract or otherwise of from the proceeds
of sale of his property or a sufficient part thereof.
1.4 Memorandum
a)General Description (Name or work) :“ “CONSTRUCTION OF OFFICE BUILDING OF MUNICIPAL CORPORATION, YAMUNA NAGAR-JAGADHARI””
Estimated Cost : Rs. 28.28 Crore
Earnest Money : Rs. 56.56 Lacs as mentioned in NIT
Time for Completion : 18 months
2.1 Security Deposit and Performance Guarantee
Total Security Deposit
The Earnest Money of successful bidder shall be retained by the
Commissioner, Municipal Corporation, Yamunanagar - Jagadhri
against the Performance Guarantee. The additional security @ 5% of gross
value of every running and final bill of the contractor shall also be deducted.
2.2 Performance Guarantee
The performance Bank guarantee shall be (5% of the contract value – (Minus)
the Earnest Money retained). The remaining performance Bank guarantee can
be deposited by the agency within 15 days of the allotment of work in the form
of bank guarantee as per format at Annexure-8. The BG should be issued by
any nationalized / schedule bank and shall remain valid upto 60 days beyond
defect liability period. Performance Bank Guarantee submitted against the
performance guarantee shall be unconditional and en-cashable/ revoked at Town
for which Bids are invited or at least at the concerned district head quarter when
presented in specified Branch Office.
3.0 Release of Security Deposit and Performance Bank Guarantee
3.1 Thne Performance guarantee i.e. Performance Bank Guarantee and EMD
retained as Performance Guarantee shall be released after completion of
work.
3.2 The remaining cash retained i.e. Security Deducted from bills (hereinafter
referred as Security Deduction) shall be released after the defect liability
period.
(i) All Taxes/Duties/Levies/Cess will be deducted from contractors all bills
on Gross amount as per Govt. Rules. If exemption in taxes/duties is
admissible to the contractor as per applicable law as on 28 days prior to
the bid submission, the necessary documentation / certificate /
representation of the same will be issued by Municipal Corporation,
Yamunanagar-Jagadhari to the contractor to avail that exemption by the
contractor. The bidders should therefore quote their prices accordingly.
Dated the ……………………….. Day of ……………………. 2018
Witness …………………………….
Occupation ……………………………
Signature of the Contractor ……………………………………
The above Bid is hereby accepted by me for and on behalf of Executive Engineer,
Municipal Council , -----------------------------.
Dated the ……………….. Day of ………………….2018………
Executive Engineer,
Municipal Corporation,
Yamunanagar-Jagadhari
Annexure-7 FORM OF AGREEMENT
THIS Agreement made the ________ day of ________2018 between the
Municipal Corporation, Yamunanagar-Jagadhari of the one part and
_____________________ of (hereinafter called Bidder) of the other part.
WHEREAS the Commissioner Municipal Corporation, Yamuna Nagar- Jagadhri is desirous for “CONSTRUCTION OF OFFICE BUILDING OF MUNICIPAL
CORPORATION, YAMUNA NAGAR-JAGADHARI” WHEREAS the Municipal Corporation,
Yamunanagar-Jagadhari (HR) has accepted a Bid by the Bidder for the execution, completion and maintenance of such work,
NOW THIS AGREEMENT WITNESSES as follows:
1. In this Agreement words and expressions shall have the same meanings as
are respectively assigned to them in the conditions of Contract hereinafter
referred to.
2. The following documents shall be deemed to form and be read and
construed as part of this Agreement, viz.:
a) Form of agreement
b) Letter of award and any pre-award correspondence between
Commissioner, Municipal Corporation, Yamunanagar - Jagadhri
and the Bidder
c) Bid documents contained in;
• Vol-I : Instruction to Bidders (ITB), Bid Data, Contract Data, GCC & SCC
• Vol-II : Scope of Work and Detailed Specifications
• Vol-III : Drawings
• Vol-IV : Price Proposal (BOQ)
• All addenda issued d) The Bid Offer
3. The signed and initialed Bid Documents shall be deemed to form and be
read and construed as part of this Agreement.
4. In consideration of the payments to be made by the Municipal Corporation,
Yamunanagar-Jagadhari to the Bidder as hereinafter mentioned, the Bidder
hereby covenants with the Municipal Corporation, Yamunanagar-Jagadhari
to provide, execute, and to complete the work, remedy the defects,
commission the work and maintain it in conformity in all respects with the
provisions of the Contract.
5. The Municipal Corporation, Yamunanagar-Jagadhari hereby covenants to
pay the Bidder in consideration of the provisions, execution, completion of
the works, remedying of the defects therein and maintenance of the work
the Contract Price or that sum as may become payable under the
conditions of the Contract at the times and in the manner prescribed by the
Contract.
6. The following are the salient data of the Agreement:
• Contract Sum : __________________
Capital Cost : __________________
• Earnest Money : Rs._________________
• Security Deposit : _____(5% of the work
done to be deducted
from running & final bill)
• Performance Guarantee : Rs__________________
• Time for completion
Execution Part : ____________________
____________________
Defect liability Period : ____________________
IN WITNESS thereof the parties to these present have hereto set and subscribed their
respective hands the day, month and year first above written.
SIGNED for and on behalf of Municipal Corporation, Yamunanagar-Jagadhari
_________________________________ _________________________________
Executive Engineer, Witness
Municipal Corporation
SIGNED for and on behalf of Bidder
_________________________________ ________________________________
Authorized representative of Bidder Witness
Annexure-8
Performance Bank Guarantee
To
[Name of Department]
[Address of Department]
[Name of work]
WHEREAS [name and address of Contractor] (hereafter called “the
contractor”) has undertaken, in pursuance of Contract No. _______ dated
___________ to execute [name of Contract and brief description of Works]
(hereinafter called “the Contract”).
AND WHEREAS it has been stipulated by you in the said Contract that the
Contractor shall furnish you with a Bank Guarantee by a recognized bank for
the sum specified therein as security for compliance with his obligation in
accordance with the Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank
Guarantee:
NOW THEREFORE we hereby affirm that we are the Guarantor and
responsible to you on behalf of the Contractor, up to a total of _______
[amount of guarantee]* ______ (in words), such sum being payable in the
types and proportions of currencies in which the Contract Price is Payable,
and we undertake to pay you, upon your first written demand and without
cavil or argument, any sum or sums within the limits of_________ [amount
of guarantee] as aforesaid without your needing to prove or to show grounds
or reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the
contractor before presenting us with the demand.
We further agree that no change or addition to or other modification of the
terms of the Contract or of the Works to be performed there under or of any
of the Contract documents which may be made between you and the
Contractor shall in any way release us from any liability under this guarantee,
and we waive notice of any such change, addition or modification.
This guarantee shall be valid until 28 days from the expiry of contract
completion period i.e. upto dated ______.
Signature and Seal of the Guarantor _____________ Name of Bank
________________ Address ______________________ Date
____________________
* An amount shall be inserted by the Guarantor, representing the
percentage of the Contract Price specified in the Contract including
additional security for unbalanced Bids, if any and denominated in Indian
Rupees.
Annexure – 9
Joint Venture/Consortium Agreement
(On Rs. 100 Stamp Paper)
Memorandum of Understanding for Joint Venture/Consortium
This Memorandum of Understanding (hereinafter referred to as "MOU") is made and entered
into this -------------------- ("Effective Date").
BETWEEN
M/s. ____________________________________________________________, a company
incorporated, and having its registered office at _______________________ (Hereinafter
referred to as the "First Party"/ "One Partner");
M/s. ___________________________________________________) a company
incorporated, and having Registered office at _______________________________
(Hereinafter referred to as the "Second Party"/ “Each Partner”); Hereinafter jointly referred
to as the "Parties" and individually as "Each Party" or "a Party” as the case may be.
WHEREAS,
A) The Government of Haryana through Commissioner, Municipal Corporation,
Yamunanagar-Jagadhari (HR), (hereinafter referred to as the procuring entity) invited
bid for _____________ ________________
(B) The Parties hereto formed a Joint Venture /Consortium or will form a joint venture
(hereinafter referred to as the "JV") to jointly execute the above project in all respect
NOW THEREFORE IT IS HEREBY AGREED as follows
ARTICLE 1: JOINT VENTURE:
1.1. The Parties hereto agree to form the Joint Venture with ___________ designated as
the One Partner and First Partner.
1.2. _____________ shall be the Second Member – or Second Partner
ARTICLE 2: JOINT VENTURE NAME:
2. The JV shall do business in the name of “___________ Joint Venture”.
ARTICLE 3: JOINT AND SEVERAL LIABILITY:
3. The Parties hereto shall, for the above-referred Projects, be jointly and severally
liable to the Department for the execution of the Projects in accordance with the
Contract till the actual completion of Contract including defect liability period.
ARTICLE 4: PROPORTIONATE SHARE:
4.1 Each member of the Joint Venture agrees to place at the disposal of the Joint
Venture, the benefit of all its experience, technical knowledge and skill, and shall in
all respects bear its share of responsibility and burden of completing the contract. The
parties herein shall be responsible for physical and financial distribution of work as
under.
Mention Lead Partner Name and Financial responsibility: ------------------------
Physical responsibility: --------------------------------------------------
Other Partners: Financial responsibility: -----------------------------
Physical responsibility: --------------------------------------------------
4.2 All rights, interests, liabilities, obligations, risks, costs, expenses and pecuniary
obligations and all net profits or net losses arising out of the Contract shall be shared
or borne by the Parties in the above Proportions.
4.3 The members in the proportion as mention in article 4.1, shall contribute sufficient
Initial fixed capital for timely execution of the project including commissioning &
operating period as per the contract.
ARTICLE 5: JOINT EFFORT AND MANAGEMENT:
5.1 The Parties shall participate as a JV in the submission of bids and further negotiations
with the Department and shall co-operate and contribute their respective expertise
and resources to secure and execute the Projects.
5.2 On award of Projects, the First Partner in consultation with the other members of JV
will decide on the final management structure for the successful execution of the
Projects as per the terms of Contract.
5.3 All the Parties hereby agree to pool in their financial, administrative, managerial,
technical and material resources for execution of the Projects, including
commissioning & for the period as stipulated in the contract. The share of interest of
the JV shall be as per the mutual understanding for the successful completion of the
project.
ARTICLE 6: EXCLUSIVITY:
6.1 The co-operation between the Parties hereto shall be mutually exclusive i.e. none of
them shall without the other Party's consent & prior approval of Municipal
Corporation, Yamunanagar-Jagadhari, approach or cooperate with any other parties in
respect of the Project.
6.2 In the course of working as associates, the parties to the JV will be sharing
information with each other which may be proprietary /confidential information
/knowledge acquired by each other. It is hereby agreed that the parties will maintain
complete secrecy regarding such information / knowledge and will not divulge to any
party for any other purpose except for the success of the joint execution of the
contract. All parties will also indemnify each other against any claim that may arise
out of using information, which are being claimed proprietary.
ARTICLE 7: Memorandum of Understanding:
7.1 This Memorandum of Understanding shall be terminated:-
a. if the Parties mutually confirm that the JV's bid proposal has not been finally
accepted by Department and all rights and obligations of the Parties under or
in connection with this Memorandum of Understanding have ceased, or
b. after successful completion of the project including commissioning & defect
liability period from the date of this Memorandum of Understanding unless
extended for a further period on demand of Municipal Corporation,
Yamunanagar-Jagadhari & mutual consent of the Parties, or
7.2 The Memorandum of Understanding can be modified by mutual consent of the Parties
to suit the efficient and expeditious execution of Projects including commissioning to
make this agreement more meaningful to suit the requirements of Department after
the consent of the Department.
ARTICLE 8: ARBITRATION:
8.1 Any dispute resulting from this Agreement shall be settled amicably by mutual
Consultation by the Managing Directors/Chairman of ___________&_____________.
In the event that an amicable settlement is not reached within 60 days in any
particular case, the dispute shall be referred to arbitration and shall be resolved in
accordance with and subject to the provisions of the __________________________
and any statutory modifications and enactment hereof for the time being in force. The
decision of the arbitrators shall be final and binding upon both parties. The venue of
arbitration will be ____________.
ARTICLE 9: GOVERNING LAWS:
9.1 This Agreement shall in all respects be governed by and interpreted in accordance
with the __________ Laws.
ARTICLE 10: CONFIDENTIALITY:
10.1 No Party hereto shall disclose to any other party any information of a confidential
nature including but not limited to trade secrets, know-how acquired from any Party
in connection with the subject matter of this Agreement.
ARTICLE 11: ADDRESS OF CONSORTIUM:
Any and all correspondence from the Department to the JV shall be addressed to
(name of JV) at the address stated herein below–(any one of the partners). The
address of the Consortium office of the partner companies will be deemed to be the
address for the purpose of communication.
The notice, if any required to be served on the party by the other party, will be
deemed to be served, if the said notice / communication is delivered by Registered
Post at the respective address (name of JV)
_________________________
_________________________
ARTICLE 12: Authorized Representative:
The JV shall nominate a Representative who shall have the authority to conduct all
business for and on behalf of any and all the parties of the JV during the bidding
process and, in the event the JV is awarded the Contract, during contract execution.
Authorized Representative of JV: __________________
ARTICLE 13: ASSIGN ABILITY:
13.1 The interests and rights of a Party in the Contract and as a Party of the Joint Venture
shall not be transferable or assignable without the written consent of the Department
& other party.
ARTICLE14: INTERPRETATION OF HEADINGS:
14. The headings of each of the Articles herein contained are inserted merely for
convenience of reference and shall be ignored in the interpretation and construction
of any of the provisions herein contained.
ARTICLE 15: OTHERS
15.1 Any other matters not contained in this Agreement shall be discussed and amicably
agreed upon by the Parties in the spirit of mutual trust and cooperation for timely
completion of project including commissioning & operation of project. Notwithstanding
anything above all the Parties are severally and jointly responsible to the Department
for execution of the Contract.
IN WITNESS WHEREOF the Parties here to have caused this Agreement to be executed by
each of the duly authorized representatives as appearing below:-
Signed by
For and on behalf of
__________________________________
in the presence of:
Name :
Designation:
Name:
Designation
For and on behalf of
__________________________________
in the presence of:
Name :
Designation:
Name:
Designation
Qualification Schedules
Preamble to Schedules
Bidders are required to provide complete information asked in the schedules. No
schedule or item of schedule is to be left blank. In case, a particular schedule or item in
schedule is not applicable, the same should be clearly indicated. The information
provided in the schedules shall be used for qualification evaluation of the Bids to assess
the suitability and conformity of the firm/ offer.
Signature of authorized representative
Company Seal
Schedule-1
For Qualification of Firms
Each Bidder must fill information in this form.
a) Average Annual Construction Turnover for 5 financial years:
(i) Net Worth as per certificate of Chartered Accountant based on audited balance
sheets.
b) Credit Limit (fund based and non based):
c) Bidding Capacity:
d) Bidding Capacity = 2 x A x N-B
Where: A= Maximum annual construction turnover of the bidder in last five Financial
Year as per table in a) above.
N= Stipulated period of execution of contract in year.
B= Liability of present works in hand during the contract period. Value of B shall be
calculated as per details given in Schedule -2
NOTE:
(i) Audited Balance Sheets for above years should be enclosed.
(ii) Average Annual Construction Turnover of the bidder shall be as per certificate of
Chartered Accountant based on audited balance sheets.
(iii) Net worth Turnover of the bidder shall be as per certificate of Chartered
Accountant based on audited balance sheets.
(iv) The Bidder must have access to bank credit limit, both fund based and non-fund
based. The bidder has to submit the relevant sanction letter from Bank(s) /
financial institution(s) along with qualification documents
(v) The certificate of credit limit issued by bank shall be of period within 3 months
from date of opening of qualification bid.
Company Seal Bidder’s Authorised Signature
Schedule-2
Calculation for Bidding Capacity
The bidder shall provide the information given below on a non judiciary stamp paper of
Rs. 100/-, with a declaration as mentioned below:
AFFIDAVIT
This is to certify that the status of the present works in hand as on date of submission of
BID for which either order are received or the work is under execution but which are still
not completed is as under:
(Amount in Crore)
S.
N
o
Brief
Descript
ion of
work
Stipul
ated
date
of
start
Stipulat
ed date
of
completi
on
Time left
for
executio
n after
date of
publicati
on of
DNIT in
months
Cost
of
award
ed
work
Cost of
work
execute
d up to
date of
publicati
on of
DNIT
Balance
cost of
unexecuted
work as on
date of
publication
of DNIT
Remaining
cost of work
to be
executed in
stipulated
period of
execution of
contract in
year (B)*
1 2 3 4 5 6 7 8= (6-7) 9=8, for 5<N Months 9=8xN Months/5 for 5> N months
Total of Column 9, as “B” for calculating Bidding Capacity
This is certified that value of ‘B’ as per column (9) is true in all respect and can be used
for calculation of the bidding capacity. This is also certified that other orders under
execution by the firm shall not materially affect the bidding capacity of the firm as
required in this Bid.
Signature with Seal of Authorised signatory for Bid
Note:- (1)*B = Liability of present work in hand during the contract period.
(2) For the works, which could not be completed within stipulated date of
completion, the bidder shall attach proof for their extension, otherwise its
time left, as per column no. 5, shall be considered less than stipulated
completion period of the proposed works and all unexecuted works shall be
considered as balance liabilities (column no. 9) during this period
(3) Bidder shall provide documentary proof in support of the information
provided in columns 2 to 7 of above table.
N= Stipulated period of execution of contract in months.
Schedule-3
Form for Financial Stability
AFFIDAVIT
I/ we______________________________________, having my/ our registered office at
___________________________________, submitting my/ our Bid “CONSTRUCTION OF
OFFICE BUILDING OF MUNICIPAL CORPORATION, YAMUNA NAGAR-JAGADHARI” certify that my
/our firm have not applied for Corporate Debt Restructuring (CDR) or facing recovery
proceedings from financial institutions or facing winding up proceedings or those under BIFR in
the last 3 Financial Years and up to date of Bid Submission.
Signature of the Authorized Signatory of Bidder
Name of the Authorized Signatory of Bidder
Name & address of the Bidder
Date
Schedule-4
EXPERIENCE OF CONTRACT (PROJECT EXECUTION)
The bidder should have experience of the works as defined in Qualification Criteria in ITB
Vol-I (In Bid Data).
The detail of the qualifying work(s) shall be submitted in the following format along with
the technical bid.
S.N
Nam
e o
f Pro
ject/
Contr
act
Nam
e o
f C
lient
Work
Ord
er
No/
date
/ am
ount
Date
of sta
rt
of
Pro
ject
Date
of
Com
ple
tion o
f pro
ject
Am
ount
of
com
ple
ted
work
C
om
ple
tion
cert
ific
ate
is
suin
g
auth
ority
/ no/
date
Reference of documentary proof Work Order (enclosed at
page No)
Completion certificate (enclosed at page
No)
Main Component of the work
Company Seal Bidder’s Authorised Signature
Schedule-5
KEY EXPERIENCE
Qualification Criteria as in Clause 8.8 of ITB and Bid data (Section 5).
S.N
Nam
e o
f Pro
ject/
C
ontr
act
Nam
e o
f C
lient
Work
Ord
er
No/
date
/ am
ount
Date
of sta
rt o
f Pro
ject
Date
of
Com
ple
tion o
f pro
ject
Am
ount
of com
ple
ted
work
Com
ple
tion c
ert
ific
ate
is
suin
g a
uth
ority
/ no/
date
Reference of documentary
proof
Detail of work completed under the project
Work Order
(enclose d at page No)
Completion
certificate (enclosed at page
No)
Description of Item
Size/ Capacity
Quantity
…….
…….
…….
…….
…….
Schedule-6
Historical Contract Non-Performance
(Following table shall be filled in by the Bidder)
Date:
Bidders Legal Name : (insert full name) Bidders party Legal name : (insert full name)
Page (Insert page No) of (insert total number) pages
1. History of Non-Performing Contracts:
Non-Performing Contracts
Contract non-performance did not occur during the last 2 years prior to the
deadline for bid submission, in accordance with qualification criteria.
OR
Contract(s) not performed during the last 2 years prior to the deadline for bid
submission, in accordance with qualification criteria, is (are) indicated below:
Year Non-performed
portion of
contract
Contract Identification Total Contract
Amount (current
value)
(insert Year) (insert amount
& percentage)
Contract identification: (insert
complete contract name,
number, and any other
identification)
Name of Department: (insert
full name)
Address of Department: (insert
street/ city/ country)
Reason(s) for non performance:
(indicate main reason(s))
(inset amount)
Please mark TICK sign in the box given above as applicable.
2. Failure to Sign Contract:
Failure to Sign Contract
No failure to sign a contract in accordance with the qualification criteria.
OR
Failure to sign a contract in accordance with the qualification criteria, is (are)
indicated below
Year Contract Identification Total Contract Amount Reasons for failure
to Sign Contract
(insert Year) Contract identification:
(insert complete contract
name, number, and any
other identification)
Name of Institution: (insert full name) Address of Institution:
(insert street/ city/
country)
(insert Amount)
3. Pending Litigation:
Pending Litigation
No pending litigation in accordance with the qualification criteria.
OR
Pending litigation in accordance with the qualification criteria, is (are) indicated
below
Year of
Dispute
Amount in
Dispute
Outcome as
% of net
worth
Contract Identification Total
Contract
Amount
(insert
Year)
(insert amount)
(insert
percentage)
Contract identification:
(insert complete contract
name, number, and any
other identification)
Name of Department:
(insert full name)
Address of Department:
(insert street/ city/
country)
Matter is dispute:
(indicate main issue in
dispute)
Status of dispute:
(indicate if it is being
treated by the
Adjudicator, under
Arbitration or being dealt
with by the Judiciary)
Please mark TICK sign in the box given above as applicable.
SECTION – 3
GENERAL CONDITIONS OF CONTRACT
Security Deposit Clause – 1
The person/persons whose Bid may be accepted (hereinafter called
the Contractor) shall permit the Commissioner, Municipal
Corporation, Yamunanagar - Jagadhri, or his authorized
representative at the time of making any payment to him for work
done under the Contract to deduct such sum as 5% of all money so
payable in addition to 5% of the estimated cost of the work (2%
earnest money & 3% performance guarantee) already deposited as
security before commencement of the work. Such deductions to be
held by Commissioner, Municipal Corporation, Yamunanagar -
Jagadhri or by his authorized representative by way of security
deposits.
Compensation of delay Clause – 2
The time allowed for carrying out the work as entered in the Bid shall
be strictly observed by the Contractor, and shall be reckoned from
the 10th day 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 Bid for every
day that the work remains un commenced or unfinished, after the
proposed 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 Bid. The
Superintending Engineer/Competent Authority on representation in
writing from the Contractor may reduce the amount of compensation
and his decision in writing shall be final.
Risk and Cost Clause
Clause – 3
In any case under any Clause or Clauses of this Contract, the
contractor shall have rendered himself liable to pay compensation to
the Commissioner, Municipal Corporation, Yamunanagar - Jagadhri.
Engineer-in-Charge on behalf of the Commissioner, Municipal
Corporation, Yamunanagar - Jagadhri, as best suited in the interest
of Government shall have power to adopt any of the following
courses, as he may deem best suited to the interests of
Commissioner, Municipal Corporation, Yamunanagar – Jagadhri or
his authorized representative.
a) To rescind the Contract of which rescission notice in written to the
Contractor under the hand of the Engineer-in-Charge shall be
conclusive evidence, and in which case the security of the Contractor
shall stand forfeited, and be absolutely at the disposal of
Commissioner, Municipal Corporation, Yamunanagar - Jagadhri.
b) To employ labour paid by the Commissioner, Municipal
Corporation, Yamunanagar - Jagadhri & to supply material to carry
out the work or any part of the work debiting the contractor with the
cost of the labour & 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 with the
value of the work done, in all respects in the same manner and at
the same rates as if it had been carried out by the contractor under
the terms of his contract. The certificate of Executive Engineer as to
the value of the work done shall be final & conclusive against the
contractor.
c) To measure up the work of the contractor, & to take such part
there of as shall be unexecuted out of his hands & to give to another
contractor to complete, in which case any expenses which may be
incurred in excess of the sum which would have been paid to the
original contractor if the whole work had been executed by him (the
amount of excess, for which the certificate in writing of the EIC shall
be final and conclusive) may be deducted from any money due to
him by Commissioner, Municipal Corporation, Yamunanagar –
Jagadhri or his authorized representative under the contract or
otherwise or from his security deposit.
In the event of any of the above courses being adopted by the EIC,
the contractor shall have no claim to compensation for any loss
sustained by reason of his having purchased or procured any
materials, or entered into any engagement are made any advances
on account of or with a view to the execution of the work or the
performance of the contract; and, in case the contract shall be
rescinded under the provision aforesaid the contractor shall not be
entitled to recover or be paid any sum for any work therefore,
actually performed under this contract unless & until the EIC will
have certified in writing the performance of such work & the value
payable in respect thereof, & the contractor shall only be entitled to
be paid the value so certified
Contractor remains
liable to pay,
compensation if action
not taken under
clause–3
Power to take
possession or require
removal or sell
contractor’s plant
Clause – 4: -
In any case in which any of the powers conferred upon EIC by clause
3 hereof shall have become exercisable & the same shall not be
exercised, the non exercise thereof shall not constitute a waiver
of any of the conditions hereof & such powers shall not withstanding
be exercisable in the event of any future case of default by the
contractor for which by any clause or clauses thereof, he is declared
liable to pay compensation amounting to the whole of his security
deposit, & the liability of the contractor for past & future
compensation shall remain unaffected.
In the event of the EIC putting in force either of power 3(a) or 3 (c)
vested in him under the preceding clause he may, if he so desires,
take possession of all or any tools, plant, materials & stores in or
upon the works, or the site thereof, or belonging to the contractor or
procured by him and intended to be used for execution of the work
or any part thereof, paying or allowing for the same in account at
the contract rates, or in case of these not being applicable at current
market rates to be certified by the EIC whose certificate there of
shall be final. Otherwise the EIC may by notice in writing to the
contractor or his clerks of the works, foreman or other authorized
agent require him to remove such tools, plant materials or stores
from the premises (within a time to be specified in such notice); and
in the event of the contractor failing to comply with any such
requisition, the EIC may remove them at the contractor’s expenses
or sell them by auction or private sale on account of the contractor &
at his risk in all respect, & the certificate of EIC as to the expense for
any such removal, & the amount of the proceeds & expense of any
such sale, shall be final and conclusive against the contractor.
Extension of time Clause – 5: -
The competent authority in consultation with EIC shall as the power
to grant Extension of Time.
Contractor to submit returns every months for any work claimed as extra:
Clause 5 (a) – The Contractor shall deliver in the office of the EIC,
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 as extra & as such return shall contain the value of such
work as claimed by the Contractor, which value shall be based upon
the rates and prices mentioned in the Contract 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 EIC under or in respect of a manner arising out of
the execution of work and the Contractor shall be deemed to have
waived all claims not included in such return and will have no right to
enforce any such claims not so included whatsoever be the
circumstances
Final Certificate Clause – 6
Without prejudice to the rights of Commissioner, Municipal
Corporation, Yamunanagar - Jagadhri or his authorized
representative under any Clause hereinafter contained on completion
of the works, the Contractor shall be furnished with a certificate by
EIC of such completion, but no such certificate shall be given nor
shall the work be considered to be complete until the Contractor
shall have removed from the premises on which the work shall be
executed all scaffolding, surplus materials and rubbish and cleaned
off the dirt from all wood works, doors, windows, walls, floors or
other parts of any building, in upon or about which the work is to be
executed, or of which he may have had possession for the purpose
of the execution thereof, and the measurements in the said
certificate shall be binding and conclusive against the Contractor, if
the Contractor shall fail to comply with the requirements of this
Clause as to removal of scaffolding, surplus materials and rubbish
and cleaning of dirt on or before the date fixed for the completion of
the work, the Engineer-in- charge may, at the expense of the
contractor, remove such scaffolding, surplus materials & rubbish and
dispose of the same as he think fit and clean off such dirt as
aforesaid; and the Contractor shall forthwith pay the amount of all
expense so incurred and shall have no claim in respect of any such
scaffolding or surplus materials as aforesaid, except for any sum
actually realized by the sale thereof less any expenses by the
Engineer- in-Charge in connection there with.
Payment on intermediate certificate to be regarded as advances
Clause 7
No payment shall be made for works estimated to cost less than one
thousand rupees, till after the whole of the works shall have been
completed and a certificate of completion given. But in case of works
estimated to cost more than One thousand rupees, the Contractor
shall on submitting the bill thereof, be entitled to receive a monthly
payment in full or part thereof as approved & passed by the
Engineer-in-Charge whose certificate of such approval and passing of
the sum so payable shall be final and conclusive against the
Contractor; But all such intermediate payments shall be regarded as
payments by ways of advance against the final payments only and
not as payments for work actually done and completed and shall
not preclude the requiring of bad, unsounded and imperfect or
unskillful work to be removed and taken away and reconstructed or
re-erected, or be considered as an admission of the due performance
of the Contract or any part thereof in any respect, or the accruing of
any claim, nor shall it conclude or any of them as to the final
settlement & adjustments of the account or otherwise or in any other
way vary or affect the contract. The final bill shall be submitted by
the Contractor within one month of the date fixed for completion of
the work otherwise the Engineer-in-Charge’s certificate of the
measurement and of the total amount payable “for the project“
accordingly shall be final and binding on all parties.
Bill to be submitted monthly
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 the requisite
measurement for the purpose of having the same verified & the
claim so 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 on printed forms
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 and
the charges in the bills shall always be entered at the rate specified
in the Bid or in the case of any extra works ordered in pursuance of
these conditions, & not mentioned or provided for in the Bid, at the
rates hereinafter provided for such works.
Stores supplied by the Government
Clause 10: -
If the specification or the estimate of the work provide for the use of
any special description of materials to be supplied from Engineer-
in- charge’s store or if it is required that the contractor shall use
certain stores to be provided by the Engineer-in-charge (Such
materials and stores, and the prices to be charged therefore as
hereinafter mentioned being so far as practicable for the
convenience of the contractor, but not so as in any way to control
the meaning or effect to this contract, specified in the schedule or
memorandum hereto annexed), the contractor shall be supplied with
such materials & stores required from time to time to be used by him
for the purpose of the contract only, & the value of the full quantity
of materials & stores so supplied to the rates specified in the said
schedule or memorandum may be set off or deducted from any
sums then due, or hereafter to become due to the contractor under
the contract, or otherwise, against or from the security deposit or
the proceeds of sale thereof if the same is held in Government
securities the same of the sufficient portion thereof being in this case
sold for the purpose. All material supplied to the Contractor shall
remain the property of the Contractor but shall not on any account
be removed from the site of the work without the written permission
of the Engineer-in-charge, & shall at all times be open to inspection
by him. Any such materials unused and in perfectly good condition at
the time of the completion of the Contract, shall be returned to the
Engineer-in-charge’s store by a notice written under his hand he
shall so require, but the contractor shall not be entitled to return any
such materials unless with such consent and shall have no claims for
compensation on account of any such materials so supplied to him as
aforesaid being unused by him, or for any wastage in or damage to
any such materials.
Works to be executed in accordance with specifications, drawings & orders
Clause – 11:
The contractor shall execute the whole & every part of the work in
the most substantial & workman like manner & both as regard
materials and otherwise every respect in strict accordance with the
Haryana PWD specifications or otherwise as may be specifically
provided. The contractor shall also confirm exactly, fully & faithfully
to the designs drawings, and instructions in writing relating to the
works signed by the. Engineer-in-charge & lodged in the office & to
which the contractor shall be entitled to access at such office or on
the site of the work for the purpose of Inspection during office hours
and the contractor shall, if he so required be entitled at his own
expense to make or cause to be made, copies of the specifications &
of all such designs, drawings and instructions as aforesaid.
Removal of employee workman and foreman
Clause 11 (a):
The Engineer-in-charge shall have full powers at all times to objects
to employment of any workman, foreman or other employee on the
works by the contractor, and if the contractor shall receive notice in
writing from the Engineer-in-charge requesting the removal of any
such foremen. Man or men from the work, the contractor shall
comply with the request forthwith. No such workman, foreman, or
other employee after his removal from the works by the Engineer-in-
charge shall be re-employed or re-instated on the works by the
contractor at any time except with the previous approval in writing of
the Engineer-in-charge. The contractor shall not be entitled to
demand the reason from the Engineer-in-charge for requiring the
removal of any such workman, foreman, or other employee.
Alterations in specifications & design do not invalid contracts. Extension of time in consequence of alterations. Rates for works not in estimate or schedule of rates of the district.
Clause – 12:
The Engineer-in-charge shall have power to make any alteration or
omissions or additions to, or substitutions for the original
specifications, drawings designs & instructions, that may appear to
him to be necessary or advisable during the progress of the work &
the contractor shall be bound to carry out the work in accordance
with any instructions which may be given to him in writing signed by
the Engineer-in-charge & such alteration, omissions, additions or
substitutions shall not invalidate the contract, & any altered,
additional or substituted work which the contractor may be directed
to do in the manner above specified as part of the work shall be
carried out by the contractor on the same conditions in all respects
on which he agreed to do the main work, & at the same rates as
specified in the Bid for the main work.
The time for the completion of the works shall be extended in the
proportion that the altered additional or substituted work bears to
the original contract work, & the certificate of the Engineer-in-charge
shall be conclusive as to such proportion;
and if the altered, additional of substituted work includes any class
of work, for which no rate is specified in this contract, then such
class of work shall be carried out at the rates entered in the schedule
of item of the district, subject to the same percentage above or
below as for the items included in the contract, & if such class of
work is not entered in the schedule of item of the district then the
contractor shall within seven days of the date of his receipt of the
order to carry out the work, inform the Engineer-in-charge of the
rate which it is his intention to charge for such class of work and if
EIC does not agree to his rate, he shall by notice in writing be at
liberty to cancel his order to carry out such class of work, & arrange
to carry to out in such manner as he may consider advisable, provide
always that if the contractor shall commence work or incur any
expenditure in regard thereto before the rates shall have been
determined as lastly herein before mentioned, then & in such case
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 Engineer-in-charge. In the event of a dispute, the decision
of the Commissioner, Municipal Corporation, Yamunanagar -
Jagadhri shall be final.
No compensation for alteration in work/rescinding the work
Clause 13:
If at any time after the commencement of the work, the Engineer-
in-charge, Municipal Corporation, Yamunanagar - Jagadhri shall for
any reason whatsoever, not require the whole work thereof as
specified in the Bid to be carried out, the Engineer-in-charge shall
give notice in writing of the fact to the contractor who shall have no
claim to any payment or compensation, whatsoever on account of
any profit or advantage, which he might have derived from execution
of the work in full but which he did not derive in consequence of the
full amount of the work not having been carried out; neither shall
have any claim for compensation by reason of any alteration having
been made in the original specification, drawings, design &
instructions which shall invoice any curtailment 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 or his subordinate in
charge of the work, that any work has been executed with unsound,
imperfect or unskillful workmanship or with material of any inferior
description or that any materials or articles provided by him for the
execution of the work are unsound or of a quality inferior to that
contracted for, or otherwise not in accordance with the contract, the
contractor shall on demand, in writing from Engineer-in-charge,
specifying the work, materials or articles complained of,
notwithstanding that the same may have been inadvertently passed
certified & paid for, forthwith rectify, or remove & reconstruct the
work so specified in whole or in part, as the case may require, or, as
the case may be, remove the materials or articles so specified &
provide other proper & suitable material or articles at his own proper
charge & cost & in the event of his failing to do so within a period to
be specified by the Engineer-in-charge in his demand aforesaid, then
the contractor shall be liable to pay compensation at the rate of one
percent of the amount of the estimated cost of work covered by this
contract for every day not exceeding 10 days while his failure to do
so shall continue & in case of any such failure, the Engineer-in-
charge may rectify or remove & re-execute the work or remove &
replace with other materials or articles complained or as the case
may at the risk & expense in all respects of the contractor.
Work to be open to Inspections, Contractor or his responsible agent to be present
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 to received orders and
instructions, or have a responsible agent duly accredited in writing
present for the purpose . Order to be given to the contractor’s agent
shall be considered to have the same force as if they had been given
to the contractor himself.
Notice to be given before work is covered up.
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 beyond 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.
Contractor liable for damage done & for imperfections for 3 months after certificate
Clause –17:
If the contractor or his work people or his servants shall break,
deface, injure or destroy any part of a building in which they may be
working or any building, road, fence, enclosure or grassland
cultivated ground Continuous to the premises on which the work or
any part of it is after being executed, or if any damage shall happen
to the work while in progress from any cause whatever or any
imperfections become apparent in three month after the certificate
final or other of its completions shall have been given by Engineer-
in-charge as aforesaid, the contractor shall make the same good at
his own expense or in default the Engineer-in- charge may cause the
same to be made good by other workman, & deduct the expense (of
which the certificate of the Engineer-in-charge shall be final) from
any sums that may be then, or at any time thereafter may become
due to the contractor or from his security deposit.
Contractor to supply ladders, plant, scaffolding etc: and is liable for damages arising from non- provision of lights and fencings etc
Clause-18:
The contractor shall supply at his own cost all material (except such
special materials if any may in accordance with the contract be
supplied from the Engineer-in-charge’s stores), plants, tools
appliances implements, ladders, tackle, scaffolding & temporary
works, requisite or proper execution of the work, whether original,
altered or substituted & whether included in the specifications or
other documents forming part of the contract or referred to in these
conditions or not, or which may be necessary for the purpose of
satisfying or complying with the requirements of the Engineer-in-
charge as to any matter as to which under those conditions he is
entitled to be satisfied or which he is entitled to require together
with carriage therefore to & from the work. The contractor shall also
supply without charging the requisite number of persons with the
means & material necessary for the purpose of setting out works &
counting, weighing & assisting in measurement and examination at
any time failing which the same may be provided by the Engineer-in-
charge at the expense of the contractor & the expense may be
deducted from any money due to the contractor under the contract,
or from his security deposit or the proceed of sale thereof, or of a
sufficient portion thereof the contractor shall also provide all
necessary fencing & lights required to protect, the public from
accident & shall be bound to bear the expenses of defense or every
suit, action or other proceedings at law that may be brought by any
person for injury sustained due to neglect of the above precautions,
& to pay any damages & cost which may be awarded in any such
suit, action or proceedings to any such persons or which may with
the consent of the contractor be paid to compromise any claim by
any such person.
Clause-18 A: -
The Final Bill of the contractor shall not be paid unless or until he
furnishes to the satisfaction of the Engineer – in – Charge a proof of
the earth used “for the Project” having been fully paid to the owner
of the land from which the earth was removed or of the matter
having been amicably settled with them. The contractor shall also be
liable to indemnify the Commissioner, Municipal Corporation,
Yamunanagar - Jagadhri against all claims made proceedings &
action taken by any person in respect of the price of earth removed
by the contractor from his land “for the Project” against all losses,
damages, cost & expenses which the Commissioner, Municipal
Corporation, Yamunanagar - Jagadhri may suffer or incur as a result
of such claims.
Labour Clause 19 A: -
No labour 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 on Sunday Clause 20: -
No work shall be done on Sunday without the sanction in writing of Engineer-in-charge
Contractor liable for payment of compensation to injured workmen or in case of death to his relations
Clause 20 A: -
In every case in which by virtue of the provisions of Section12, sub
section (1) of the workman’s compensation Act, 1923, the
Commissioner, Municipal Corporation, Yamunanagar - Jagadhri is
obliged to pay compensation to workman employed by the
contractor, in execution of works, the Commissioner, Municipal
Corporation, Yamunanagar - Jagadhri will recover from the
contractor the amount of the compensation so paid & without
prejudice to the right of the Commissioner, Municipal Corporation,
Yamunanagar - Jagadhri under Section 12, sub section (2), of the
said Act. The Commissioner, Municipal Corporation, Yamunanagar -
Jagadhri shall be at liberty to recover such amount or any part
thereof by deducting it from the security deposit or from any sum
due by the Commissioner, Municipal Corporation, Yamunanagar -
Jagadhri/Government to the contractor whether under this contract
or otherwise. The Commissioner, Municipal Corporation,
Yamunanagar - Jagadhri shall not be bound to contest any claim
made against it under section 12 sub section (1) of the said act
except on the written request of the contractor & upon his giving
request to Commissioner, Municipal Corporation, Yamunanagar -
Jagadhri full security for all costs for which Commissioner, Municipal
Corporation, Yamunanagar - Jagadhri might become liable in
consequence of contesting such claims.
Works not to be sublet. Contract may be rescinded & security deposit forfeited for subletting, bribing or if contractor becomes insolvent
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 Commissioner,
Municipal Corporation, Yamunanagar - Jagadhri in any way relating
to his office for employment or if any such officer or person shall
become 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 Commissioner, Municipal
Corporation, Yamunanagar - Jagadhri & 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 payable by way of compensation to be considered as reasonable compensation without reference to actual loss.
Clause 22: - All sums payable by way of compensation under any of
these conditions shall be considered as reasonable compensation to
be applied to the use of Commissioner, Municipal Corporation,
Yamunanagar - Jagadhri without reference to the actual loss or
damage sustained & whether or not any damage shall have been
sustained.
Deductions of amounts due to The Government on any account whatsoever to be permissible from sums payable to a contractor
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 Commissioner, Municipal
Corporation, Yamunanagar - Jagadhri 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
Commissioner, Municipal Corporation, Yamunanagar – Jagadhri or
his authorized representative to 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 Bid 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 EIC
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 EIC who shall be entitled to direct at what point and
in what manner they are to be commenced & from time to time
carried on.
Claims for payment of an extra ordinary nature to be referred to Government for decisions
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 Commissioner, Municipal
Corporation, Yamunanagar - Jagadhri.
ARBITRATION CLAUSE
Clause 25 A: –
(i) If any question, difference or objection whatsoever shall arise
in any way between the EIC or his authorized agent and the
contractor in connection with or arising out of the contract, or
the execution of the work that in (I) whether before its
commencement or during the progress of the work or after its
completion. (ii) And whether before or after the termination,
abandonment or breach of the contract, it shall in the first
instance be referred to for being settled by the Engineer-in-
charge of the work at that time and he shall within a period of
sixty days after being requested in writing by the contractor
to do so, convey his decision to the contractor, and subject to
arbitration as hereinafter provided, such decision in respect of
every matter so referred, shall be final and binding upon the
contractor. In case the work is already in progress, the
contractor will proceed with the execution of the work on
receipt of the decision by the Engineer-in-charge as aforesaid,
with all due diligence whether he or Commissioner, Municipal
Corporation, Yamunanagar - Jagadhri or his authorized agent
requires arbitration as hereinafter provided or not.
If the Engineer-in-charge of the work has conveyed his
decision to the contractor and no claim to arbitration has
been filed with him by the contractor within a period of sixty
days from the receipt of letter communicating the decision,
the said decision shall be final and binding upon the
contractor and will not be a subject matter of arbitration at
all.
If the Engineer in charge of the work fails to convey his
decision within a period of sixty days, after being requested
as aforesaid the contractor may, within further sixty days of
the expiry of first sixty days from the date on which request
has been made to the Engineer-in-charge, request the
Commissioner, Municipal Corporation, Yamunanagar -
Jagadhri that the matters in dispute be referred to arbitration
as hereinafter provided.
(ii) All disputes of differences in respect of which the decision is
not final and conclusive shall at the request in writing of
either party, made in a communication sent through
Registered A.D. post, be referred to the sole arbitration of
any serving Chief Engineer of any Municipal Corporation of
the state of Haryana or Chief Engineer (HQ) Office of DULB
at the relevant time.
It will be no objection to any such appointment that the
arbitrator so appointed is a Chief Engineer of any Municipal
Corporation of the state of Haryana or Chief Engineer (HQ)
Office of DULB 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 Chief Engineer of any Municipal
Corporation of the state of Haryana or Chief Engineer (HQ)
Office of DULB , 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 Commissioner,
Municipal Corporation, Yamunanagar - Jagadhri is unable or
unwilling to act as such for any reason, whatsoever, the
Director Urbana Local Bodies, Haryana shall be competent to
appoint and nominate any other Chief Engineer of any
Municipal Corporation of the state of Haryana or Chief
Engineer (HQ) Office of DULB , as the case may be, as
arbitrator in his place and the Arbitrator so appointed shall be
entitled to proceed with the reference.
(iii) It is also a term of this arbitration agreement that no person
other than a person appointed by the Commissioner,
Municipal Corporation, Yamunanagar - Jagadhri 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.
(iv) 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.
(v) The following matters shall not lie within the purview of
arbitration:
a) Any dispute relating to the levy of compensation as
liquidated damages, which has already been referred to the
EIC and is being heard or / and has been finally decided by
the 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 EIC of the work if it is
being heard or has already been decided by the said EIC.
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 EIC and
has been so decided finally by Competent Authority.
(vi) 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.
(vii) 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 or 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.
Sr.
No.
Amount of Claims Depositors Rate of security
1 For claims below Rs. 10,000 2% of amount
claimed
2 For claims of Rs. 10,000 and
above, but below Rs. 1,00,000
5% of amount
claimed
3 For claims of Rs. 1,00, 000 and
above
10% of amount
claimed
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.
(viii) 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.
(ix) 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 as certified by the Engineer In charge, or
b) Of the date of abandonment of the work, or c) Of its non-commencement within six months from the date
of abandonment, or written orders to commence 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 the had part and/or its recession, or
e) Of receiving intimation from the Engineer In charge of work that final payment due to or recovery from the contractor 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.
(x) It is also a term of this arbitration agreement that no question
relating to this contract shall be brought before any Civil
Court without Involving and completing the arbitration
proceedings as above if the scope of the arbitration specified
herein covers issues that can be brought before the arbitrator
i.e. any matter that can be referred to arbitration shall not be
brought before a Civil Court. The pendency of arbitration
proceedings shall not disentitle The Commissioner, Municipal
Corporation, Yamunanagar - Jagadhri to terminate the
contract and make alternative arrangements for the
completion of the work.
(xi) 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.
(xii) It is also 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 in Railway
Freight
Clause 26: -
Not Applicable.
Clause 27: -
The contractor shall be responsible for making his own arrangements
for securing priorities & licenses for material & transportation require
“for the Project” & 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 class of work for which there is no such
specification as is mentioned in the Bid document, such work shall be
carried out in accordance with the distinct specifications and in the
event of there being no distinct 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 of work 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 percentages regarding Earnest Money, Performance Security and
Security Deduction referred to in the Bid Document, if any will be
calculated on the gross amount (value of finished work including cost
of materials whether purchased from The
Government/Commissioner, Municipal Corporation, Yamunanagar -
Jagadhri or direct of (1) the items of works to which the rates in the
Bid apply and also (2) the items of work to which rates exist in the
schedule of rates of the District).
Clause – 31: -
The terms and conditions of the agreement have been explained to
me / us and I / we clearly understand them.
Clause 32: -
The contractor states that he is not related to any of the officers
employed by the Commissioner, Municipal Corporation,
Yamunanagar - Jagadhri.
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.
Clause 34: - Fair wages clause attached.
Clause 35: -
The contractor shall have to pay GST or any other tax/duties/levis to Govt. 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/RTGS 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 Bidder withdraw or modify his Bid after opening the
Envelope containing rates of Bid he is liable 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 39: -
The rates given are for the finished work inclusive of all the taxes.
Clause 40: -
It will be the responsibility of the contractor to ensure that the trees
at the site of work and in the vicinity or their fruit etc are not
damaged by his labour or agent. The cost of such damage, if any will
be at the discretion of the Engineer-in-charge and shall be deducted
from the bill of the contractor.
Clause 41: -
The contractor shall provide at his own cost separate latrine, bathing
enclosures 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 expenses for clean drinking water,
housing, medical facilities necessary for the welfare of the labour
employed at his work, in case of his failure the same shall be
provided by EIC 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 on the site of work after one month from the date
of completion of the work shall become the property of the
Commissioner, Municipal Corporation, Yamunanagar - Jagadhri and
no payment shall be made for it.
Clause 43: -
The amount of the 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 reserve 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 the contractor without
liability or compensation.
Clause 45: -
It is not obligatory to the contractor to employ labour through
Employment Exchange but he may avail of the facilities offered by
the Employment Exchange in case he wishes 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 the stores, pipes and fittings 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 C.M.O. about the employment of
labourer on the work for carrying out Malaria/Dengue or any other
disease surveillance.
Clause 50: -
All Taxes/Duties/Levis/Labour Cess will be deducted from gross
payment as per Govt. Instructions.
Clause 51: -
Labour Cess charges as applicable from time to time, will be deduced from gross payment.
FAIR WAGES CLAUSES
a) The contractor shall pay not less than the fair wage to labour engaged by him on the
work. Explanation: - Fair wage means wage whether for time or piece of work
notified at the time of inviting Bids of the work and where such wages have not been
so notified, the wages prescribed by the Commissioner, Municipal Corporation,
Yamunanagar - Jagadhri or the district in which the work is done.
b) The contractor shall, notwithstanding the provisions of any agreement to the
contrary, caused to be paid fair wages to labourers, indirectly engaged on the work
including any labour engaged by his sub contractors in connection with the said work,
as if the labourers had been directly employed by him.
c) In respect of labour directly or indirectly employed on the works for the
performances of the contractor’s part of this agreement the contractor shall comply
with or cause to be complied with Commissioner, Municipal Corporation,
Yamunanagar - Jagadhri Contractor’s Labour’s Regulation made by The Government
from time to time in regard to payment of wages, period deductions unauthorized
made maintenance of wage work, wage slip publication of wages and other terms of
employment, inspection and submission of periodical returns and all other matter of a
like nature.
d) The Commissioner, Municipal Corporation, Yamunanagar - Jagadhri/ EIC concerned
shall have the right to deduct, from the moneys due to the contractor, any sum
required or estimated to be required for making good the loss suffered by a worker
or workers by reason of non fulfillment of the conditions of the contract for benefit of
the workers, nonpayment of wages or deductions made from his or their wages,
which are not justified by the terms of the contract for non observance of the
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 made under and for the observance of the regulations aforesaid
without prejudice to his right to claim indemnity from his sub contractors.
f) The regulations aforesaid shall be deemed to be a part of this 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. 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.
CONTRACTOR'S LABOUR REGULATION
1. SHORT TITLE
These regulations may be called Haryana (I) Public Works Department and Public Health
Engineering Branch 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:
1) “Labour” means worker employed by a Contractors directly or indirectly through a
sub contractor or other persons or by an agent on his behalf.
2) “Fair Wages” means wages whether for time or piece work notified at the time of
inviting Bids “ for the Project” & 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.
3) “Contractor” shall include every person whether a sub-contractor or Headman or
Agent, employing labour on the work taken on contract.
4) “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 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
1) Wages due to every worker shall be paid to him direct.
2) All wages shall be paid in current coin or currency or in both.
5. FIXATION OF WAGE PERIODS
a) The contractor shall fix the wage periods in respect of which the wages shall be
payable.
b) No wages period shall exceed one month.
c) 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.
d) 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.
e) 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.
6. WAGE BOOK AND WAGE SLIPS ETC.
A. 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 Project” 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.
B. 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.
C. 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. FINES 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 time allow.
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 FINES ETC.
i. 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.
ii. 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 labour 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 labourers 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 EIC concerned but subject to such appeal, the decision of the Officer shall be
final and binding upon the contractor.
13. REPRESENTATION OF THE PARTIES
A. 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.
B. An Department shall be entitled to be represented in any investigation or enquiry
under these regulations by :-
a) An Department 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 Department is not a member of any association or Departments by
an officer of an association of Departments connected with or by any other
Department is engaged.
14. INSPECTION OF REGISTER
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 – for 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 or more 23 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 affect 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.
Section – 4
Special Conditions of Contract
SPECIAL CONDITIONS OF CONTRACT
1 Priority of Contract
The documents forming part of the agreement are to be taken as mutually explanatory
documents of one another. In case of discrepancies they shall be explained and
adjusted by the Engineer in Charge. The priority of the Contract documents shall be as
follows:
(i) Contract Agreement
(ii) Letter of award
(iii) Contract Data
(iv) Special Conditions of Contract
(v) Instructions to Bidders and Bid data
(vi) General Conditions of Contract
(vii) Scope of Work and Technical specifications
(viii) Price proposal
(ix) Drawings
1.1 Agreement
Successful Bidders shall execute an agreement in the prescribed form on non judicial
stamp paper of Rs. 5000 on the date of agreement, with the Commissioner or his
authorized representative, within a period of 20 days of the date of issue of rate
contract/letter of acceptance/ work order. The expenses of completing and stamping
the agreement shall be paid by contractor. However, where the delay in execution of
Agreement is on bona fide grounds, EIC can condone such delay. The firm shall submit
following documents with agreement.
a. All pages of the rate contract/letter of acceptance copy including amendment and
terms & conditions of the NIT duly signed.
b. Notarized copy of power of attorney to authorized signatory to execute agreement and
copy of resolution of directors of board (in case of limited company). Power of
Attorney should be signed by all partners in case of partnership firm (if not provided
with Bid).
c. All the document as per Annexure-7 of ITB i.e. form of agreement.
2 AUTHORITIES
2.1 Engineer in charge, representatives
The project shall be implemented by the EIC or any other authority given the charge
of the work as per the orders of Commissioner, Municipal Corporation Yamunanaghar-
Jagadhari . Wherever the words Engineer-in charge are used in this document shall
mean the EIC or the authority given the charge of the work as per orders of
Commissioner, Municipal Corporation, which shall appoint Engineer(s) in charge as
representative who shall carry out such duties and exercise such authority as may be
delegated to them.
The Commissioner, Municipal Corporation YNR- Jgd may also authorize consultants or
institutions as Assistants. Such Assistant shall have no authority to issue any
instructions to the contractor in so far as they are necessary and to secure their
acceptance of materials, Equipment and workmanship as being in accordance with the
contract. Any instruction given by them for those purposes shall be deemed to have
been given by the Engineer in charge as the EIC or its representative. However, such
decisions shall be submitted for review and approval of Engineer-in-charge.
3 MONTHLY REPORTS AND MEETINGS
3.1 Monthly Reports
Monthly progress reports shall be prepared by the Contractor and submitted to the EIC
in six copies. The first report shall cover the period up to the end of the first calendar
month following the commencement date. Reports shall be submitted monthly
thereafter, each within 7 days after the last day of the month to which it relates.
Reporting shall continue until the contractor has completed all work.
Each Report shall include the issues desired by the Engineer in Charge which shall be
any of the following:
a) PERT Charts / detailed descriptions of progress, including each stage of design
Contractor’s Document, procurement, manufacturing, delivery to site of
construction, direction, testing and commissioning;
b) Photographs showing status of manufacture and of progress on the site;
c) For the manufacture of each main item of equipment and materials, the name of
the manufacturer, manufacture location, percentage progress, and the actual or
expected dates of:
� Commencement of manufacturing; � Contractor inspections, � Tests and � Shipment and arrival at the site;
d) Copies of quality assurance documents, test results and certificates of materials;
e) Comparisons of actual and planned progress, with the details of any events or
circumstances which may jeopardize the completion in accordance with the
contract, and the measures being (or to be) adopted to overcome delays and the
monitoring done by the contractor.
f) Copy of site books as defined in the organization of Contractor on the site in this
Section.
g) Any other issues deemed necessary by the Engineer in Charge
3.2 Meetings
Meetings shall be held in the office of Commissioner, Municipal Corporation,
Yamunanagar - Jagadhri/EIC or at other places as mutually fixed in advance, with
prior notice given by Engineer in Charge. The proposed agenda for the meetings shall
be exchanged at least 3 days in advance. It is required that a decision-maker of the
Contractor is present at the meetings so that binding decisions can be taken about
outstanding issues. Generally, the following issues shall be discussed:
a) Progress of the work, difficulties
b) Revision of time schedule
c) Payment issues
d) Disputes
e) Claims
f) Any other issue deemed necessary by contractor or department
4 RIGHT OF ACCESS TO THE SITE DURING EXECUTION
The Commissioner, Municipal Corporation, Yamunanagar - Jagadhri shall give the
contractor right of access to all parts of the site. The site for execution of the work will
be made available as soon as the work is awarded. In case, it is not possible for the
Commissioner, Municipal Corporation, Yamunanagar - Jagadhri to make the entire site
available on the award of the work, the Bidder shall arrange his working program
accordingly. No claim, whatsoever, for not giving the site in full on award of the work
or for giving the site gradually in parts will be tenable.
5 THE CONTRACTOR
5.1 Contractor's General Obligations
a) The consultant M/S Avinash Khosla and Associates has been appointed by this
office for preparation of DPR i.e Detailed Estimates , Drawings,Specifications
approved by this office . The Structural drawings have been got prepared by the
firm and duly vetted from NIT Kurukshetra. The work shall be executed strictly
as per design and drawings provided to the contractor by this office
and with the Engineer-in-Charge’s instructions, and shall remedy any Defects
in the Works.
b) The Contractor shall provide the Plant and Contractor’s Documents specified in
the Contract, and all Contractor’s Personnel, Goods, consumables and other
things and services, whether of a temporary or permanent nature, required in
and for this design, execution, completion and remedying of Defects.
c) The Contractor shall be responsible for the adequacy, stability and safety of all
Site operations and of all methods of construction. Except to the extent
specified in the Contract, the Contractor shall be responsible for all Contractor’s
Documents, Temporary Works, and such design of each item of works, Plant
and Materials as is required for the item to be in accordance with the
specifications for items of Contract.
d) The Contractor shall deploy experienced and competent personnel to execute
the works. The quality of workmanship has to be as specified. Personnel not
found capable of good workmanship shall be removed and replaced with
better workman.
e) The Contractor shall, whenever required by the Engineer-in- charge, submit
details of the arrangements and methods which the Contractor proposes to
adopt for the execution of the Works. He shall also be responsible for the
safety of works and personnel at the site and shall submit a safety execution
plan (as per relevant code for safety at construction site) for the approval by
the Engineer-in-charge. No significant alteration to these arrangements and
methods shall be made without this having previously been approved by the
Engineer-in-charge. He shall also comply to the requirements of the
mitigations of the Environmental impacts of the execution of works.
f) The Contractor shall execute the work strictly as per the specifications and
drawings.
g) The Contractor shall allow the Engineer-in-charge and any person authorized
by the Engineer-in-charge access to the Site, to any place where work in
connection with the Contract is being carried out or is intended to be carried
out and to any place where Materials or plant are being installed / assembled
“for the Project”. The contractor may satisfy himself regarding site, acquisition
of land, approach roads etc.
h) The liability, if any, on account of quarry fees, royalties, and any other taxes
and duties in respect of materials actually consumed on public work shall be
borne by the Contractor.
i) The contractor shall also confirm the feasibility of the system proposed by the
EIC. The confirmation of the feasibility of the system proposed by the EIC is
necessary as the final responsibility to provide designed demand(s) shall be of
contractor and if required he shall provide additional equipment / material /
systems to achieve the objective of the work. Unless specified otherwise, no
additional payment shall be made on the account of providing the additional
equipment / material / systems, change of levels, pump head & discharge, etc.,
and it shall be deemed that the cost of such eventuality has been accounted for
in the offer.
j) If desired, in considerations of the survey data; the hydraulic requirement and
other field limitations, the contractor so as to achieve the objectives of the
work, can propose change in alignment (minor deviations to avoid structures
etc., or position of structure/basement, below or above. No additional
payments shall be made, on this account.
k) In addition to the above, the contractor is also required to confirm the
availability of the material required for the contract in the time schedule given
herein after, so as to complete the job within the prescribed time. No time
extension shall be provided on this account. If required under such
circumstances, the contract after prior approval of EIC shall be allowed to use
superior type of material so as to complete the job within the prescribed time.
No additional payments shall be made on account of use of superior quality
material, on this account.
l) The works shall include any work, which is necessary to satisfy the EIC
requirements, or is implied by the contract, and all works, which (although not
mentioned in the contract) are necessary for the completion, or safe and proper
operation of the works.
m) The Contractor shall be responsible for the adequacy, stability and the safety of
all site operations, of all methods of construction and of all the works.
n) The Contractor shall provide all facilities including conveyance required for
verification of survey data, supervision, quality control tests, tests for
material, equipment and equipment(s), and/or all other facilities otherwise
referred in the conditions of contract(s) and/or otherwise necessary to
complete the works with due supervision of Engineer-in-charge. The testing of
material, quality control tests, etc. may be got done through recognized labs
after approval of Engineer-in-charge.
5.2 Contractor’s Representative
a) The Contractor shall appoint the Contractor’s Representative and shall give
him all authority necessary to act on the Contractor’s behalf under the
Contract.
b) Unless the Contractor’s Representative is named in the Contract, the
Contractor shall, prior to the Commencement Date, submit to the Engineer-in-
charge for consent the name and particulars of the person the Contractor
proposes to appoint as Contractor’s Representative. If consent is withheld
or subsequently revoked in terms of this Sub-Clause, or if the appointed
person fails to act as Contractor’s Representative, or conducts improperly at
the Site, the Contractor shall submit the name and particulars of another
suitable person for such appointment. The former representative shall be
removed within 24 hours of such notice by the Engineer-in-charge.
c) The Contractor shall not, except if the representative has lost the confidence
of the Contractor or is not complying to the instructions of the Engineer-in-
charge or his assistants, remove without the prior consent of the Engineer-in-
charge, revoke the appointment of the Contractor’s Representative or appoint
a replacement
d) The whole time of the Contractor’s Representative shall be given for directing
the Contractor’s performance of the Contract. If the Contractor’s
Representative is to be temporarily absent from the Site during the execution
of the Works, a suitable replacement person shall be appointed, subject to the
Engineer-in-charge’s prior consent, and the Engineer-in-charge shall be
notified accordingly.
e) The Contractor’s Representative may delegate any powers, functions and
authority to any competent person and may at any time revoke the
delegation. Any delegation or revocation shall not take effect until the
Engineer-in-charge has received prior notice signed by the Contractor’s
Representative, naming the person and specifying the powers, functions and
authority being delegated or revoked.
f) Whenever services of contractor staff are found / notice
unsatisfactory by the Commissioner, Municipal Corporation, Yamunanagar -
Jagadhri, they shall be removed / terminated by the contactor
immediately as per direction of Engineer-in-charge.
5.3 The Safety Procedures
The contractor shall:
(a) Comply with all applicable safety regulations,
(b) Take care for the safety of all person's entitled to be on the site,
(c) Choose reasonable efforts to keep the site and work clear of unnecessary obstruction so as to avoid danger to these persons,
(d) Provide fencing, lighting, guarding and watching of the works until completion and its taking over by the Commissioner, Municipal Corporation, Yamunanagar - Jagadhri at end of O & M period.
(e) Provide any temporary works (including road ways, foot ways, guards and
fences).
5.4 Quality Assurance
a) The contractor shall institute a quality assurance system to demonstrate
compliance with requirements of the contract. The system shall be in
accordance with the details stated in the contract and the Quality Assurance
Program will be got approved from the Competent Authority/EIC. The
Commissioner, Municipal Corporation, Yamunanagar - Jagadhri shall be entitled
to audit any aspect of the system. The quality of the work will be evaluated
through 3rd party agency.
b) Details of all procedures, if adopted other than those laid down in the Bid
document, and compliance documents shall be submitted to the EIC for
information before each design and execution stage is commenced. When any
document of a typical nature is submitted to the EIC, evidence of the prior
approval by the contractor himself shall be apparent on the document itself.
c) The EIC shall have the right to exercise proper Quality Control measures. The
Contractor shall provide a fully equipped field laboratory, testing personnel,
consumables and other assistance at his cost to conduct such tests. The Quality
Control shall be in three tiers:
I. By the Contractor’s Engineers to the specified frequency
II. By the Engineer-in-Charge’s personnel to conform the quality and
acceptance of the work and
III. By the Technical Examiner’s organisation or such other independent
bodies of State Government/ the Department/ Organisation or QCI
approved Third Party Quality Inspection Agency.
d) The work shall have to be completed to conform to the specifications and shall be
acceptable only after rectification of deficient /defective works as per ‘Non Conformance
Reports’, if any, issued by the above mentioned agency or the Engineer-in-Charge.
Compliance with the quality assurance system shall not relieve the contractor of any of
his duties, obligations or responsibilities under the contract.
5.5 Site Data
The design and drawings provided by Municipal Corporation is on the basis of soil
investigation made by the Corporation from NIT Kurukshetra however if any
discrepancy is noted during execution as regard to design the same may be
implemented by the agency.
5.6 Un-Foreseen Difficulties:
(a) The contractor shall be deemed to have obtained all necessary information as
to risk, contingencies and other circumstances that may influence or affect the
works;
(b) By signing the contract, the contractor accepts the total responsibility for
having sustained all difficulties and costs of successfully completing the works:
and
(c) The contract price shall not be adjusted to take account of any unforeseen
difficulties or costs.
5.7 Rights of Way and Facilities
The Contractor shall bear all costs and charges for special and/or temporary rights of
Way, which he may require, including those for access to the site. The contractor shall
also obtain, at risk and costs, any additional facilities outside the site which he may
require further purposes of the works.
5.8 Avoidance of Interference
The contractor shall not interfere unnecessarily or improperly with:
(a) The convenience of the public, or
(b) In the access to and use and occupation of all roads and other land,
irrespective of whether they are public or in the possession of the
Commissioner, Municipal Corporation, Yamunanagar - Jagadhri or others.
The contractor shall indemnify and hold the Commissioner, Municipal Corporation,
Yamunanagar - Jagadhri harmless against and from all damages, losses and expenses
(including legal fees and expenses) resulting from any such unnecessary or improper
interference.
5.9 Security of the Site
Unless otherwise stated in particular conditions:
(a) The contractor shall be responsible for keeping unauthorized persons off the site, offices, campus etc. within the scope of work and
(b) Authorized person's shall be limited to the Contractor personnel and the Commissioner, Municipal Corporation, Yamunanagar - Jagadhri personnel; and to any other personnel notified to the Contractor, by (or on behalf of ) the Commissioner, Municipal Corporation, Yamunanagar - Jagadhri, and
(c) Providing adequate manpower for the security of the material brought to the site for which payment has been made to the contractor.
(d) The agency shall have to provide necessary arrangements regarding environmental safety as per NGT Guidelines and CPCB/HSPCB mandates.
5.10 Contractor’s Operations On-site
The Contractor shall confine his operations to the site, and to any additional areas,
which may be obtained by the Contractor and agreed by the Commissioner, Municipal
Corporation, Yamunanagar - Jagadhri/ EIC as working areas. The Contractor shall take
all necessary precautions to keep Contractor’s equipment and Contractor personnel
within the site and these additional areas, and to keep them off adjacent land.
During the execution of the works, the Contractor shall keep the site free from all
unnecessary obstruction, and shall store or dispose of any Contractor’s equipment or
surplus materials. The Contractor shall clear away and remove from the site any
wreckage, rubbish and temporary works which are no longer required.
5.11 Land for the project and For the Contractor’s Establishment
a) The land or the land rights for the sites of the permanent Work will be provided by
Commissioner, Municipal Corporation, Yamunanagar - Jagadhri, during the progress
of work. However, sufficient land and site for works shall be provided to the
contractor as per the agreed execution plan submitted by the contractor and
approved by the Commissioner, Municipal Corporation, Yamunanagar - Jagadhri.
b) For the purpose of constructing Contractor’s yard, godown, site office, staff
quarters, etc. the contractor may utilize the land and existing buildings / structures
allocated to him by Commissioner, Municipal Corporation, Yamunanagar - Jagadhri
after obtaining requisite permission from the Engineer in Charge. All expenses in
connection with purchase or construction or maintenance or removal etc. of such
items shall be borne by the Contractor.
c) Commissioner, Municipal Corporation, Yamunanagar - Jagadhri may allocate the
land and buildings for use by the Contractor according to its possibilities only. If the
land or buildings are not available or are insufficient for the purposes of the
Contractor’s establishment, additional land or buildings will have to be
procured/rented by the Contractor himself at his own cost and expenses as per his
requirement.
d) Recovery of rent towards the use of building by contractor for office/store/residence
provided by the department shall be done on fair rent assessment basis.
5.12 Approval by the Engineer in Charge
All insurances (Defined in Contract Data Section 6) which the contractor requires
to enter into the contract shall be effected with an insurer or insurers and in terms
approved by the engineer in charge, (which approval shall not be unreasonably with
held), and the contractor shall automatically produce to the engineer in charge the
policies of insurance and receipts of the payments of the premiums.
5.13 Remedy on Contractors Failure to Insure
If the contractor fails to effect or keep in force the insurances (Defined in Contract
Data Section 6) referred to or any of the insurance which he may be required to
effect under the term of the contract then and in any such case the Commissioner,
Municipal Corporation, Yamunanagar - Jagadhri/ EIC may effect and keep in force any
such insurance and pay such premium or premiums as may be necessary for the
purpose, and from time to time deduct the amount so paid by the Commissioner,
Municipal Corporation, Yamunanagar - Jagadhri as aforesaid, from any moneys due
or which may become due to the contractor or recover the same as a debt due from
the contractor.
5.14 Registration of Workers
As per the order passed by Hon’ble Supreme court on 18.01.10, in the civil writ
petition No 318/2006, the contractor is required to get registration of workers under
the act and extension of benefits to such workers under “The building and other
construction workers (reputation of employment and condition of service)” Act 1996.
6 ORGANIZATION ON THE SITE
6.1 Contractor’s Office
The Contractor shall establish minimum 1 office at site where the work is being carried
out and shall during office hours on all working days have a clerk or some other
authorized person always present at such office, upon whom a notice may be served.
Service of any notice left with such clerk or authorized person shall be deemed good,
served upon the Contractor.
6.2 Site Books
For the purpose of quick and efficient communication between the Engineer in Charge
or his representative and the Contractor, site books shall be maintained for all sites
where work is being carried out, so as to be accessible to all the concerned persons of
the Commissioner, Municipal Corporation, Yamunanagar - Jagadhri from anywhere at
any time. Any instructions, communication or order which the Engineer in Charge or
his representative may like to issue to the Contractor will be recorded by him in such
site books. The instructions thus recorded will be attended by the contractor within 3
days and remarks will be mentioned in the site book after taking remedial steps.
7 DESIGN AND DRAWINGS
7.1 General Design Obligations
a) The Contractor shall be deemed to have scrutinized, prior to submission of bid, the
Commissioner, Municipal Corporation, Yamunanagar - Jagadhri requirements
(including design criteria & drawings & calculations, if any) for their correctness,
accuracy, structural safety and soundness. The Contractor shall be responsible for the
correctness, accuracy of all designs and for safety & soundness of all structures
constructed under this contract.
b) The Commissioner, Municipal Corporation, Yamunanagar - Jagadhri shall not be
responsible for any error, inaccuracy or permission of any kind in the Commissioner,
Municipal Corporation, Yamunanagar - Jagadhri requirements as originally included in
the contract. Any data or information received by the Contract or, from the
Commissioner, Municipal Corporation, Yamunanagar - Jagadhri or otherwise, shall not
relieve the Contractor from his responsibility for the design and execution of the
works.
c) The details of materials indicated in the Bid document are the minimum requirement,
and no reduction/alteration shall be permissible unless the Engineer-in-charge is
satisfied that such changes are necessary.
7.2 Contractor's Documents for Detailed Design & Execution Drawings
a) The Contractor's Documents shall comprise the Technical Documents specified in the
Commissioner, Municipal Corporation, Yamunanagar - Jagadhri requirements,
Documents Requirement to satisfy all regulatory approvals and As Built Documents.
The Contractor's Documents shall be written in the language for communications
defined in contract.
b) If errors, omissions, ambiguity, inconsistencies, inadequacies or other defects are
found in the Contractors Documents, these and the works shall be corrected at the
Contractor's cost, notwithstanding any consent for approval under this clause.
c) The drawings/design given in the Bid document are indicative, the contractor is
required to carry out the work stricty as per detailed drawings (Goods for
Construction) provided by the architect/ consultant and duly approved by office of MC.
d) If any changes are made in the given designs & drawings, such changes, duly done in the drawings shall be submitted for approval. No work shall be commenced on site on the basis of designs & drawings not approved by Office of Municipal Corporation, Yamunanagar - Jagadhri and/or those not accepted by the contractor.
e) If any changes are desired by contractor in the given designs & drawings, such
changes, or as instructed by EIC duly done in the drawings with a detailed note
justifying the proposed changes, shall be submitted for approval. No work shall be
commenced on site on the basis of designs & drawings not approved by Office of
Municipal Corporation, Yamunanagar - Jagadhri and/or those not accepted by the
contractor.
f) The drawings provided by the Architect /Consultant shall be sufficient in details and
the scale has to be chosen accordingly in co- ordination with the Engineer in charge.
g) If required, the changes in design and the execution drawings proposed by the
contractor shall be submitted only after verification by an institute or agency
approved by the Engineer-in-charge or any authorized representative of the
Commissioner, Municipal Corporation, Yamunanagar - Jagadhri.
7.3 Submission and Approval Procedures
The Architect/ Consultant shall submit the detailed design & drawing with step wise
calculations. Structural design & all drawings etc. have got vetted from Any IIT/Any
Govt. National Institute of Technology (NIT) and after duly vetted the same shall be
provided to the agency for execution.
a. On request of the Engineer in Charge, the Contractor shall depute the design
engineer responsible for the particular submission to discuss with the Engineer in
Charge or his Representative, along with software.
b. The approval along with alterations in drawings/designs by the Engineer in Charge
shall not relieve the Contractor of his responsibility in terms of the Contract for
soundness of the designs. The Contractor shall be responsible for the structural
safety of all the components of the Work.
7.4 Discrepancies between Drawings and Specifications
In case of discrepancies between drawings and specifications or data sheets arising
from the meaning, dimensions or quality of the materials and equipment for the due
and proper execution of the Work, the discrepancy shall be explained by the Engineer-
in-Charge. His explanation shall be the final decision and the Contractor shall execute
the Work accordingly without any extra payment.
7.5 Contractor's Undertaking
a) The design, the Contractor’s Documents, the execution and the completed
works shall comply with the relevant standards, building, construction and
environmental laws, law as applicable to the product being produced from the
works, and other standards specified in the Volume II “Scope of Work &
Technical Specifications” applicable to the works, or defined by the
applicable laws.
b) All these laws, in respect of the works shall be, the laws prevailing at the time
of letter of invitation. References in the contract to published standards shall be
understood to be references to the edition applicable on the date of supply /
execution as the case may be.
c) Whenever there are contradictory provisions in applicable Indian Standards, the
most stringent of the provisions as decided by EIC shall apply unless
specifically mentioned otherwise.
8 SUPPLY OF MATERIAL
a) “The contractor shall have to give a written commitment of the vendor with
respect to delivery schedule that the vendor offers to commit for the present
project. The vendor has to declare its production capacity and order in hand for
different project to substantiate his claim for the proposed delivery schedule.
The contractor shall have to countersign and agree to the delivery schedule. In
case there is some difficulty from the contractor/ vendor side with the approved
vendor and the contractor wishes to change the vendor, the EIC shall consider
the same request subject to conditions that original delivery schedule as
approved at the time of agreement with vendor shall not disturb and the
contractor shall ensure timely supply of material as agreed. At the time of
submission of vendor approval for all type of material, the contractor shall have
to submit the proof of satisfactory performance of material in past either used
by Municipal Corporation/other departments in the State. EIC shall approve the
vendor based on the twin consideration of vendor suitability in terms of
appropriate quality and production capacity along with financial capacity and
commitment of timely supply of material for the project completion.
8.1 Makes of Equipment
The Equipment(s) used by the bidder for the project shall be one of the makes given
for each equipment, in DNIT. Any other makes approved subsequently by the
department during the execution of contract can be adopted after approval of EIC.
Whenever there are more than one make available, effort would be to choose a make
with mutual consent but decision of EIC in favour of superior make for better quality of
material shall be binding.
In case the approved vendor has sold its firm/ factory to some other vendor and the
new owner has started production under different trade name then in such case the
new product with changed trade name shall not be considered part of the approved
list. A fresh approval in such case is required.
8.2 Samples
a) The contractor shall submit samples of Granite stone ,marbe, Tiles and all other
NS items).These samples can be used for their inspection and testing to be
carried out at the factory/laboratory prior to dispatch to the site as per relevant
IS codes at the Contractor cost. The number of samples shall be as decided by
Engineer-in-Charge.
b) Any other sample of material that may be required by the Engineer In charge
can be drawn from time to time.
c) All the above samples are to be delivered in suitable packing at the office of the
EIC or as desired by the engineer-in-charge.
d) The Commissioner, Municipal Corporation, Yamunanagar - Jagadhri Personnel
or authorized representative shall at all reasonable times:
i) Have full access to all parts of the site and to all places from which
natural materials are being obtained, and
ii) During production and construction (at the site and, to the extent
specified in the contract, elsewhere), be entitled to examine, inspect,
measure and test the materials/equipments and workmanship, and to
take the progress of manufacture of equipment and production and
manufacture of materials. The Contractor shall give the EIC personnel
full opportunity to carry out these activities, including providing access
the facilities, promises and safety equipment. No such activities shall
relieve the Contractor from any obligation or responsibility.
8.3 Inspection
a) Equipment of similar kind to be used in the contract shall be of same make
unless specifically approved by the Engineer-in-Charge. Unless specific
approval of the Engineer-in-Charge is obtained, all equipment of one kind, to
be used in the project, shall be offered for inspection in one lot. If such
equipments are offered in different piece meal lots, the cost of inspection of
material in smaller lots will be recovered from the contractor, and the delay
caused to the project on this ground, shall solely be attributed to the account of
the contractor.
b) The Contractor shall inform the Engineer-in-charge about the likely dates of
manufacturing, Inspection, testing and dispatching of the material. The
Contractor shall notify the Engineer-in-charge for inspection and testing, at
least 15 (fifteen) days prior to packing and shipping and shall supply the
manufacturer’s test results and quality control certificates for review.
c) The various inspections and test categories shall be applied prior to delivery of
the equipment as indicated below:
Category A: The Datasheet etc./ drawing has to be approved by the EIC
Representative before manufacture and testing. The material has to be
inspected by the Engineer-in-charge or an inspecting agency after approval of
Commissioner, Municipal Corporation, Yamunanagar - Jagadhri Representative
at the manufacturer’s premise before packing and dispatching. The inspection
charges if any charged by the manufacturer or any testing laboratory
will be borne by the contractor. However charges related to fee, travel,
boarding & lodging of inspecting authority either from department or
third party shall be borne by the department.
Category B: The Datasheet etc./drawings of the equipment have to be
submitted and to be approved by the Engineer-in-charge prior to manufacture.
The material has to be tested by the manufacturer and the manufacturer’s test
certificates are to be submitted and approved by the Engineer-in-charge before
dispatching of the equipment. Notwithstanding the above, the Engineer-in-
charge, after examination of the test certificates, reserves the right to instruct
the Contractor for retesting, if required, in the presence of the Contractor’s
representative and EIC representative
Category C: The material may be manufactured as per relevant standards and
deliver to the site, alongwith manufactures test certificate
For material / equipment under Category ‘A’ and ‘B’ the Engineer-in-charge will
provide an\ authorization for packing and shipping.
Other essential Requirements for the contractor
Annexure A
List of Key plant & Equipment to be deployed on the work (contract (s) amounting more than Rs.25.00
crores) except minor Special Repair & Maintenance works.
Sr. Item of Equipment Requirement
No.
1 Computerized Concrete Batching Plant 1 No. 15 cum/hour as per requirement.
2 Concrete Weigh Batcher computerized 1 No.(3 bag capacity minimum)
3 Concrete Pump 1 No. 15 cum/hour minimum
4 Concrete Transit Mixer As required
5 Concrete vibrator (Skin) 2 Nos.
6 Needle vibrator 5 Nos. with minimum 1 no. as petrol
running.
7 Plate compactor 1 No.
8 Tipper/Dumper 2 Nos.
9 Compressor Optional as required
10 Generator with CPRIO approved canopy 1 No.
11 Bar bending Machine 1 No
12 JCB 1 No.
13 Hydraulic lift/ordinary lift 1 No.
14 Tower crane 1 No. for works more than Rs.20 cr.
15 Reverse Osmosis Plant
1 No. for works where water as per IS 456 is not available.
Quality Control Lab Equipments
Sr. Item of Equipment Requirement
No.
1 Sieves required for Coarse Aggregate & fine aggregate 1 Set
2 Impact value/ Flakiness testing equipment 1 Set
3 Cube Moulds 18 Nos.
4 Slump Test 2 Nos
5 Compression testing machine (Automatic computerized 1 No
recording-AIMILor equivalent make)
6 Electronics Weighing Machine branded 100 Kg capacity (1 No)
7 Water testing equipment 1 No
8 Soil density measuring operators 1 No
9 Any other equipment required at site for quality control by the Engineer-in-charge like
Gauze meter, Varnier caliper, Measuring equipment, Dumpy level.
Note:- 1. No Concrete from outside the campus will be allowed for the work. Except with the
permission of EIC. The ELC shall got approve the Rmeplant from the Superintending
Engineer. 2. The numbers, types and capacities of each plant/equipment shall be shown in the proposals along
with the cycle time for each operation for the given production capacity to match the requirements.
3. In case the contractor fails to arrange any of the key plant/equipment at site, the department
will procure at his risk and cost and make deductions from his bills, the cost of the
plant/equipment along with 14% departmental charges.
Additional Conditions
9.0 The documentary proof of procurement of cement & steel from the reputed source
and test result from NIT/PEC/CRRI or Sri Ram Test House, New Delhi will be
produced by the agency.
QUALITY CONTROL LAB:
9.1 The contractor shall have to provide a field laboratory fully equipped at work site before starting
the execution of works for conducting all the relevant tests mentioned in the Haryana PWD
specification subject to the approval of the Engineer-in-Charge or his representative. The record of
such tests is to be maintained in proper register duly signed by the Contractor or his
representatives, which will become the property of the department. The Contractor will bear all the
running expenses for conducting such tests. All the tests will be carried in the presence of S.D.E.-
in-charge of the work. All the entries are to be signed by the contractor, S.D.E. and J.E.-in-charge.
9.2 The quality control tests which are carried out by the department and the material for such tests
will be supplied by the contractor free of cost. In case the material is not found up to the
requirement, the same will be rejected.
9.3 Contractor shall provide suitable measuring arrangement and leveling instruments latest quality
duly approved by Engineer-in-Charge at the site of work.
9.4 No extra payment on account of quality control measures shall be paid to the contractor.
9.5 The Engineer-in-Charge-in-charge at his discretion can get any type/Nos. of tests carried out any
other approved laboratory for his satisfaction for which all the expenses incurred would be borne
by the agency. The results so obtained from the laboratory would be acceptable and binding to the
agency.
9.6 The Contractor shall be required to provide all such materials/equipment’s at site to conduct field
tests and to ensure that the quality of aggregate shall be according to the prescribed specification
and no payment for material required for sample for such tests shall be made to him. In case, the
material is not found up to mark, the same will be reject.
9.7 For cement, steel and similar other material, the essential tests are to be carried out at the
manufacturer’s plants or at laboratories other than the site laboratory, the cost of samples, testing
and furnishing of test certificates shall be born by the contractor. He shall also furnish the test
certificates to the Engineer-in-Charge.
9.8 Identifying Defects
The Engineer-in-Charge shall check the Contractor’s work and notify the Contractor of any
Defects that are found. Such checking shall not affect the Contractor’s responsibilities. The Engineer-in-Charge may instruct the Contractor to search for a Defect and to uncover and test any work that the Engineer-in-Charge considers may have a Defect.
9.9 Tests
If the Engineer-in-Charge instructs the Contractor to carry out a test not specified in the
Specification to check whether any work has a Defect and the test shows that it does, the
Contractor shall pay for the test and any samples. If there is no Defect the test shall be a
Compensation Event.
9.10 Correction of Defects
a. The Engineer-in-Charge shall give notice to the Contractor of any Defect (structural, technical or
routine maintenance nature) before the end of the Defects Liability Period, which begins at
Completion and is defined in the Contract Data. The Defects Liability period shall be extended for
as long as Defects remain to be corrected. The defects shall include the routine maintenance
activities as well.
b. Every time notice of a Defect is given the Contractor shall correct the notified Defect within the
length of time specified by the Engineer-in-Charge’s notice.
9.11 Uncorrected Defects If the Contractor has not corrected a Defect within the time specified in the Engineer-in-Charge’s
notice, the Engineer-in-Charge will assess the cost of having the Defect corrected, and the Contractor will pay double of this amount.
9.12 a. The successful agency shall have to depute 1 Civil Engineer/site engineer having Gradation in
Civil Engineering, 2 Supervisors having Diploma in Civil Engineering in addition to the other technical staff deputed for controlling the site in the non deputation a recovery of 75,000 per month will be made for Civil Engineer & 40,000 per month for supervisor shall be made from monthly bill.
b. In case the contractor fails to employ the Key Personnel required to be employed as above at site, the department will employ the personnel and the recoveries will be made as above from his bills along with 14% departmental charges. The personnel so employed shall be considered as employees of the contractor and all responsibilities of them shall lie with him only.
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9.13 Testing
a) The Contractor shall provide all apparatus, assistance, documents and other information,
electricity, equipment, fuel, consumables, estimates, labour, materials, and suitably
qualified and experienced staff in relation to supply of material and are necessary to
carry out the specified test efficiently. The Contractor shall agree, with the EIC, the
time and place for the specified testing of any equipment, materials and other parts of
the works.
b) The EIC may, vary the location or details of specified test, or instruct the Contractor to
carry out additional tests. If these varied or additional tests show that the tested
equipment, materials or other workmanship is not in accordance with the contract the
cost to carry out in this variation shall be borne by the contractor, notwithstanding other
provisions of the contract.
c) The Contractor shall promptly forward to the EIC duly certified reports of the tests.
When the specified test has been passed, the Commissioner, Municipal Corporation,
Yamunanagar - Jagadhri shall endorse the Contractor's test certificate, or issue a
certificate to him, to that effect.
9.14 Rejection
If as a result of an examination, inspection, measurement or testing, any equipment,
materials, workmanship is found to be defective or otherwise not in accordance with the
contract, the Commissioner, Municipal Corporation, Yamunanagar - Jagadhri/ EIC or their
representative may reject the equipment, materials, designs or workmanship by giving
notice to the Contractor, with reasons. The Contractor shall then promptly make good
that effect and ensure that the rejected items compliance with the contract.
If the rejection and re-testing cause the Commissioner, Municipal Corporation, Yamunanagar - Jagadhri to incur additional costs, the Contractor shall pay these costs to the Commissioner, Municipal Corporation, Yamunanagar - Jagadhri.
9.15 Approval of Material and Equipment
a) The fact that Contractor has agreed to provide the material prescribed in the Bid
Documents does not relieve him to ask for the final approval of the equipment and
material to be used “for the Project”. The specifications and drawings of each item to
be supplied shall be individually scrutinized and the Engineer in Charge shall verify
its conformity with the technical specifications and the standards.
b) Prior to ordering any material and equipment such Marble stone, Granite stone, Tiles
, EI Items ,Sanitation items ,material for civil works and interior decoration, paints,
etc. the Contractor has to supply the detailed specification, drawings, performance
curves and data, operation instructions, samples etc., to the Engineer in Charge. If
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the Contractor has any doubts about the required specifications as prescribed in the
Contract, he has to clarify them with the Engineer in Charge.
c) The procedure for the submission of documents, verification, re-submission if
necessary and approval of these items is the same described in relevant clause, If
equipment or material which the Contractor submitted first is refused in the approval
process he has to submit documents of such equipment which corresponds to the
specifications of the Bid Documents and which is likely to be approved.
d) Only after approval of the material and equipment, the Contractor can place the
order or start the manufacturing or purchasing procedures.
e) Inspection of bought out items shall be done by EIC representative(s) and / or a
third party appointed by the Commissioner, Municipal Corporation, Yamunanagar -
Jagadhri. The Engineer in charge will provide an authorization for packing and
shipment after inspection and/or approval of the material/equipment.
f) If the Contractor packs and ships material/ equipment without approval or
authorization of the Engineer-in-Charge, it can be refused if it is not matching with
the specifications of the Contract. All costs resulting from this are to be borne by the
Contractor. The Contractor has then to provide the material/ equipment, which is
matching with the Contract.
10 TIME SCHEDULE FOR CONTRACT ACTIVITIES
For completion of the job in the prescribed time it is essential to maintain a timely
construction schedule linking with physical progress with financial progress and logical
sequencing of the contract activities. In view of the above the contractor shall submit a
construction schedule based on Critical Path Method for approval EIC. The work will be
executed based on construction schedule submitted by the bidder. To adhere to the
execution schedule approved by the Commissioner, Municipal Corporation, Yamunanagar -
Jagadhri, the contractor shall also deploy the required technical expert having adequate
experience of managing and monitoring construction schedule activities as directed by
Engineer in Charge. The progress of these activities of the construction schedule should be
accessed by all the concerned persons of the department. The time schedule so provided
and approved by competent authority shall have no bearing on clause 2 of General
Conditions of Contract.
11. Mobilization Schedule
The Bidder shall submit mobilization and de-mobilization schedule of personnel and
equipments in detail for all phases of works. The mobilization schedule should include
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mobilization of skilled and unskilled manpower, different machineries and equipment,
materials, as required in each Phase.
12. Completion of the Work
12.1 Time for Completion
The whole of the Work, including mobilization, reconnaissance, investigations, design,
manufacturing, transportation, construction, installation & testing and commissioning and
demobilization has to be completed within a period of as a specified in the Bid data
calculated from the commencement date, which is 20 days after the written order to
commence the Work.
12.2 Sectional and Total Physical Completion
The part of work or section thereof shall be treated as physically completed when the work
or part of work or section thereof as envisaged in the Contract and essential as per site
conditions, is complete and has been successfully tested sectionally or entirely under non-
operation conditions to the satisfaction of the Engineer in Charge. He shall issue a
Sectional Completion Certificate to the Contractor in which he shall certify the date on
which the work, part of work, or section thereof has been physically completed to the
satisfaction of the Engineer in Charge.
Certificate for Total Physical Completion shall be issued when all the works as envisaged in
the contract and essential as per the site conditions are completed in all respect to the
satisfaction of Engineer-in-Charge.
The issuance of the Sectional Completion Certificate or Total Physical Completion does not release the Contractor from his duties to maintain the work in the condition as on dates of at these sectional or total physical completion, until the end of the defect liability period .
12.3 Completion of work including Commissioning of EI and PH services.
Immediately after the physical completion, of the Civil work and of EI and PH services
commissioning the entire system on design conditions as per the procedure of test given in
Volume II “Scope of Work & Technical Specifications” shall be taken up. Once the entire
system has been successfully tested and commissioned as per the conditions of tests of
commissioning referred in Volume II “Scope of Work & Technical Specifications”. After
successful completion and testing and removal of all visible defects to the satisfaction of
Engineer-in-Charge, the work shall be treated as “Completed”.
Unless otherwise provided in the contract, after the successful completion of the testing for the entire system, the Engineer-in-charge shall issue a certificate of “Completion of Work”. The date of Certificate notifying “Completion of Work” will be used for the final payment as per clause 6 and 7 of General Conditions of Contract. From this date of certificate for “Completion of Work”, the defect liability period shall commence.
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12.4 Cost of Water and Electricity for Testing
For all sectional testing(s) & water tightness testing in the contract, the contractor shall
make all arrangement for such testing(s), including the water and electricity at his own. If
contractor wishes to utilize water & electricity if available with Commissioner, Municipal
Corporation, Yamunanagar - Jagadhri, that shall be provided on payment basis on
commercial rates. The contractor shall make necessary arrangements such as installation
of meter etc. for measurement of water/ electricity.
13 AS-BUILT DRAWINGS
The submission of the as-built drawings for the equipment is the precondition for the final
payment. The final drawings shall be submitted in one reproducible set and 5 copies bound
in an album of an approved size. The contractor shall submit all the completion drawings
and approved design calculations on CD ROM / DVD in two editable copies with proper
directory structure.
The contractor shall prepare, and keep up to date, a complete set of "as built" records of
the execution of the works, showing the exact as built locations, sizes and details of the
works as executed. The records shall be kept on the site and shall be used exclusively for
the purpose of this sub clause. Two copies shall be supplied to the Commissioner,
Municipal Corporation, Yamunanagar - Jagadhri before the commencement of the tests on
completion.
In addition, the contractor shall supply to the Commissioner, Municipal Corporation,
Yamunanagar - Jagadhri as built drawings of the works, showing all works as executed,
and submit them to the Commissioner, Municipal Corporation, Yamunanagar - Jagadhri for
review under sub clause [Contractors Documents]. The Contractor shall obtain the consent
of the Commissioner, Municipal Corporation, Yamunanagar - Jagadhri as to their size, the
references system, and other relevant details.
Prior to the issue of Completion of works certificate, the contractor shall provide to the
Department the specified numbers and types of copies of the relevant as built drawings, in
accordance with the Commissioner, Municipal Corporation, Yamunanagar - Jagadhri
requirements. The Completion of works shall not be considered until the Commissioner,
Municipal Corporation, Yamunanagar - Jagadhri has received the As Built Drawings.
14 PROGRESS OF WORK
All components of works shall ensure a logical sequence of submissions, approvals,
execution, construction, supply, installation, testing, commissioning, monthly reports and
bills. This progress should be accessible to all the concerned persons of the Commissioner,
Municipal Corporation, Yamunanagar - Jagadhri. If any supply / construction of a material /
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unit is made, not in conformity to the logical sequencing of the work component, no
payments will be entitled against such supplies, construction and installations.
There has to be a continuous chain of work to ensure that pipes / material supplied by the contractor are laid / installed promptly and those laid / installed are sectionally tested in the field without any delay.
If however, the progress of the work is hampered unavoidably, due to reasons beyond the
control of the contractor, payment against supply shall be admissible against submission of
appropriate Bank Guarantee of any scheduled bank.
The contractor will monitor status of various likely hindrances like, Environmental
clearances, Forest Clearances, Land acquisition and other crossings. Details and up dated
latest status of various such likely hindrances, which may result in delayed completion of
the project, should be accessible to all the concerned persons of the Commissioner,
Municipal Corporation, Yamunanagar - Jagadhri.
It will be the responsibility of contractor to maintain simultaneous pro-rata progress of
works.
15 Documents Required for Payment
The contractor shall submit the following documents in duplicate along with the invoice/bill:
� Purchase invoice indicating details of equipments, material manufactured,
supplied and installed or work carried out, supply value of such material or
equipment or value of such work carried out and amount claimed.
� Inspection reports/ test reports/ reports certifying completion of activity with
acceptable results as per EIC or any other agency representing EIC.
� Report/certificate of inspections /tests carried out by the supplier of the contractor
or by the contractor himself.
� Proof of insurance of equipments, as required.
� Certificates, as prescribed, regarding payment of GST, duties etc. leviable on
supplies made.
� Colour photographs of the work executed during the period for which the invoice
has been raised.
� Copy of site order books.
� Comparisons of actual and planned progress, with the details of any events or
circumstances which may jeopardize the completion in accordance with the
contract, and the measures being (or to be) adopted to overcome delays and the
monitoring done by the contractor.
� Any other such details/documents, as may be reasonably specified by the
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Engineer-in-Charge from time to time during execution of the contract.
16 DEPARTMENT’S RIGHT TO RECTIFY
The Commissioner, Municipal Corporation, Yamunanagar - Jagadhri retains the right, at the
cost of Contractor, to perform any of these materials or work obligations on default of the
Contractor.
17. Adverse Operating Period
17.1 Deleted
17.2 Date of Issue of Taking Over Certificate
After the completion of Period, provided that the contractor has fulfilled the provision of this
contract.
17.3 Good Engineering Practice
In respect of the Contractor, its subcontractors, and all other such third party agents of the
Contractor, practices, methods, techniques and standards, shall be as changed from time to
time, that are generally accepted for use whole building appurtenances, all type of meters
and control equipment(s), and all other facility during construction, development, defect
liability period, taking into account conditions in India. In this regard PWD manuals and
directions of EIC with respect to any contingency shall also be applicable.
17.4 Non-conformance Event
Any occasion on which the Contractor does not provide the services to propose facility.
Executive Engineer,
Municipal Corporation,
Yamunanagar-Jagadhari
Section -5
BID DATA
BID Data
Name of the Project/ Work: “CONSTRUCTION OF OFFICE BUILDING OF MUNICIPAL
CORPORATION, YAMUNA NAGAR - JAGADHARI HARYANA”.
DNIT No. ………………………………………………………………
……………………………………………………………….
The Bid Data hereunder pertains to some specific, but in no way exhaustive, information
on the Project/ Work. The bidders are required to study and account for this data in
conjunction to various other Sections of the Documents.
Conditions Ref.
Clause
Data
Commissioner,
Municipal
Corporation,
Yamunanagar -
Jagadhri
General Commissioner, Municipal Corporation, Yamunanagar -
Jagadhri means the party named below that will employee
the Contractor and the legal successor in title to the
Commissioner, Municipal Corporation, Yamunanagar -
Jagadhri, but not, except with consent to the Contractor, any
assignee of the Commissioner, Municipal Corporation,
Yamunanagar - Jagadhri.
Engineer-in-
charge
General Engineer-in-charge means the Engineer, who is in-charge of
execution of the work and administration of the contract on
behalf of the Commissioner, Municipal Corporation,
Yamunanagar - Jagadhri. The Engineer-in-charge may assign
his duties to his sub-ordinates who assists him in execution of
the work and administration of the Contract. His sub-ordinate
shall be termed as Executive Engineer/Assistance Engineer,
Junior Engineer as the case may be. This subordinate shall be
Engineer-in-charge representative at the site of works. The
Engineer representative will carry out such duties of the
Engineer’s like issuing of instruction certificate and orders as
are required in the execution of the works. Engineer
representative will watch and supervise the work, test and
examine the materials, equipment’s, plant and machinery
and workmanship employed in connection with the works
under the contract. The Engineer’s representative with the
approval of the Engineer will have the authority to relieve the
contractor of any of his obligations under the contract and to
order any extra work involving delay incompletion of the
work and also requiring any extra payment to the contractor.
Commissioner,
Municipal
Corporation,
Yamunanagar -
Jagadhri/Executi
ng Agency
1.2 of ITB Executive Engineer, Municipal Corporation, Yamunanagar-
Jagadhari (Haryana)
Architect/Consul
tant
General Means the consultant appointed by the Commissioner,
Municipal Corporation, Yamunanagar - Jagadhri for the purpose
of assistance in over all implementation of the project.
Type of Contract 1.3 & 16.2
of ITB
The work described in the Bid document is Single percentage rate
contract for (HSR+CP) items and Item rate for NS Items. The form
of this contract is Single responsibility EPC (Engineering,
Procurement and Construction) contract since all the
components of the works are to be designed, carried out/ executed
by the Bidder.
Contract price General Contract price means the sum (Capital cost) quoted in the Bid and
accepted by the Department subject to such additions there to or
deduction there from as may be made under the provisions
contained in the contract or as due to change in scope of work as
defined in DNIT
Firm/
Agency/Contract
or/ Bidder
3.2 of ITB Means the person(s), firm or company whose tender has been
accepted by the Commissioner, Municipal Corporation,
Yamunanagar - Jagadhri and who has concluded a contract with
the Commissioner, Municipal Corporation, Yamunanagar - Jagadhri
to execute the works included in the DNIT and contract agreement.
Authorized
representative
of the Executing
Agency/ Address
for
Communication
2.1 of ITB Executive Engineer
Municipal Corporation, Yamunanagar-Jagadhari (Haryana)
135001
Phone No.:-01732-260227 (Office)
Email:- [email protected]
Period of
Completion
3.1 of ITB 18 months
Defect Liability
period
Refer
Clause 4.1
of ITB
The defects liability period shall be of 2 year (24 Months) from
the date of issue of the certificate for completion of works.
Eligibility/
Qualification
Criteria
Refer
Clause 8.2
and
Schedule 1
To be qualified for the contract package, the bidder
should have minimum following requirement:
Average Annual Construction Turnover (with or without
O&M)
Average Annual construction turnover of the bidder during the
previous three financial year based on audited balance sheet
shall not be less than Rs. 15 Crore.
Requirement shall be complied as under:
Single
Entity
Joint Venture
All parties
combined
Each Member Lead Partner
Must meet
requirement
Must meet
requirement
IN proportion to the
financial participation in
JV
Minimum
60% of
requirement
Refer Clause 8.3 and Schedule 1
Net worth
Net worth of the bidder as on the last date of previous financial
years shall not be less than Rs. 3 Crore.
Requirement shall be complied as under: Single Entity
Joint Venture All parties combined
Each Member Lead Partner
Must meet requireme
nt
Must meet requiremen
t
IN proportion to the financial participation in JV
Minimum 60% of
requirement
Refer
Clause 8.4
and
Schedule 1
Credit Limit
Credit limit (fund based and non-fund based) available with the
bidder shall not be less than Rs 3 Crore.
Requirement shall be complied as under:
Single
Entity
Joint Venture
All parties
combined
Each Member Lead
Partner
Must meet
requireme
nt
Must meet
requiremen
t
IN proportion
to the
financial
participation
in JV
Minimum
60% of
requirement
Refer
Clause 8.5
and
Schedule 1
& 2
Bidding Capacity
Bidding Capacity of the bidder calculated as below on the date
of BID Submission shall not be less than Rs.28.28 Crore
Bidding Capacity = 2 x A x N-B
Where: A= Maximum annual construction turnover of the
bidder in last five Financial Year
N= Stipulated period of execution of contract in years.
B= Liability of present works in hand during the contract
period. This value shall be taken as calculated in Schedule –
2.
Requirement shall be complied as under:
Single
Entity
Joint Venture
All parties
combined
Each Member Lead
Partner
Must meet
requireme
nt
Must meet
requireme
nt
IN proportion to the
financial participation
in JV
Minimum
60% of
requireme
nt
Refer Clause 8.6 and Schedule 3
Financial Stability (as per Schedule-4)
The Bidder(s) shall not have applied for Corporate Debt
Restructuring (CDR) or facing recovery proceedings from
financial intuitions or facing winding up proceedings or not
under BIFR in last 3 financial years. All Bidders shall submit an
affidavit to this effect along with Certificate from the Bidder's
Chartered Accountant. The bidder shall have to further
demonstrate that it continue to meet the above requirement by
submitting additional affidavit before opening of financial bids.
Failure to comply with requirement shall result in
disqualification of the Bidder (s).
Requirement shall be complied as under:
Single
Entity
Joint Venture
All parties
combined
Each Member Lead
Partner
Must meet
requireme
nt
Must meet
requirement
Must meet
requirement
Not
Applicable
Refer
Clause 8.7
and
Schedule 4
i. Should have successfully executed, completed and
commissioned or substantially completed* following
Similar works during last seven years from the end
date of submission of Bid :
(a) one work costing not less than Rs. 22.30 Crores
Or
(b) Two works each costing not less than Rs. 13.94
Crores.
Or
(c) Three works each costing not less than Rs. 11.15
Crores.
Similar Works means: Construction of Building Work
(RCC/Brick work).
Note:- * Substantially Completed means:
Bidders have completed the works but could not
commission the same because of hindrances beyond
control of bidder and the bill of contractor stands passed
by the competent authority.
OR
Bidders have completed and commissioned the work
atleast of the amount required for qualification, for
which he has drawn the payment out of large size
contract and the bill of contractor stands passed by the
competent authority
Refer
Clause 8.8
and
Schedule 5
Key
Experience
i. Should have successfully executed, completed and
commissioned during the last seven years from the end
date of submission of Bid the work of:
Similar Works means: Construction of Multi storied RCC
Building construction have BASEMENT Construction essentially.
Single Entity Joint Venture
All parties combined
Each Member
Lead Partner
Must meet
requirement
Must meet
requirement
Not
Applicable
Not
Applicable
Ref. Clause
8.9 and
Schedule -6
History of non- performing contracts
Pending litigation criteria and performance in past contracts
shall apply as under:
Non-performance of a contract did not occur as a result of
Bidder’s default within the last two (2) years prior to the
deadline for Bid submission. Requirement shall be complied as
under:
Single Entity Joint Venture
All parties
combined
Each Member Lead
Partner
Must Meet
Requirement. Bidder
shall submit filled
format as per
Annexure enclosed
in Vol-I of Bid
Document.
NA Must Meet
Requirement. Bidder
shall submit filed
format as per
Annexure enclosed
in Vol-I of Bid
Document.
NA
Ref. Clause
8.10 and
Schedule -6
Failure to sign a contract
Failure to sign a contract after receiving a notice of award has
not occurred in the past 5 years. Any deviation should be
explained in the enclosed Contract Non- Performance Form.
Requirement shall be complied as under:
Single Entity Joint Venture
All parties
combined
Each
Member
Lead
Partne
r
Must Meet
Requirement. Bidder
shall submit filled
format as per
Annexure enclosed in
Vol-I of Bid
Document.
Must Meet
Requirement.
Bidder shall submit
filled format as per
Annexure enclosed
in Vol-I of Bid
Document
NA NA
Ref. Clause
8.11 and
Schedule -6
Pending Litigations
All pending proceedings, litigation, arbitration, actions, claims,
investigations or dispute, in total, shall not represent more
than fifty percent (50%) of the required net worth of bidder.
Requirement shall be complied as under:
Single Entity Joint Venture
All
parties
combined
Each
Member
Lead
Partne
r
Must Meet Requirement NA Must Meet
Requiremen
t
NA
• Notes:- To work out the present price level for turnover and for value of completed/
Substantially Completed, the previous year(s) values shall be multiplied by
weight age factor @ of 10% per year as follows:
Sr. No Financial Year Weight age
(i) 2017-18 1.10
(ii) 2016-17 1.21
(iii) 2015-16 1.33
(iv) 2014-15 1.46
(v) 2013-14 1.61
(vi) 2012-13 1.77
(vii) 2011-12 1.947
• In case previous experience of sole bidder or constituent of JV/ Consortium as a
member of JV /Consortium, experience weightage of work shall be provided in
proportion to the Shareholding in the project.
• The works which have been completed and commissioned during the seven (7) years,
though may have commenced earlier , shall be considered for the experience
purposes; The date of completion should be fall within 7 years from end date
of submission of bid.
• Experience certificate issued by an office not below the rank of Executive Engineer or
equivalent of the State Government/ Central Government or their undertakings and
autonomous bodies shall only be considered for the purpose of experience of work.
• The Bidder shall keep original certificates with him for verification and will present, if
required, at a short notice of 3 day to the department.
• Key experience can be met from maximum of three contracts. The key experience of
the contracts shall be combined to decide the eligibility.
• For the purpose of Clause 8.2 and 8.5, the Bidder may use Financial Data for
any group of three Financial Years out of :
2017-18,2016-17,2015-16
OR
2016-17, 2015-16, 2014-15
Section - 6
CONTRACT DATA
Provided the audited balance sheet shall be available for all the three years.
• For clause 8.3 (i.e. net Worth) bidder may use Financial data for any Financial years out
of : 2017-18 OR 2016-17
Sr.
No.
Definition/
Description
Clause
1 Contractor
Equipment
• Contractor equipment means all appliances or things of
whatsoever nature required for the purpose of completing
the works
2 Materials • Materials means things of all kinds (other than
equipment) intended to form or forming part of the
permanent works, including the supply of material to be
supplied by the contractor under the contract.
3 Specifications • Specifications and particular specifications mean the
regulating guidelines contained in the Haryana PWD
specifications, Manual on RCC frame structure building
works water under the Ministry of Urban Development,
Indian Standard specifications and codes, all of least
editions and those contained in the DNIT documents and
also those based on good Engineering practices
4 Advance
Payment for
Mobilization for
Execution of the
Work
Percentage
deductions for
repayment of
Advance
• Mobilization advance shall be given @ 5% of the
accepted Contract Amount of Design Build works in two
installments against a bank guarantee (BG) of equal
amount issued by a reputable bank located in India,
valid up to after the recovery of Mobilization advance,
including interests thereon. The bank guarantee
submitted shall be unconditional and en-
cashable/revoked at town for which Bids are invited or at
least at the concerned district head quarter when
presented in specified Branch Office. The Bank may
include scheduled banks or nationalized banks,
enforceable at the bank’s branch in Yamunanagar as
detailed under:
First installment of not more than 2.5% of the Accepted
Contract Amount immediately after signing the Contract.
Second installment of remaining amount on demand by
the contractor only after submission of details of use of
first installment.
A simple rate of interest shall be charged @12% per annum on mobilization advance.
• Advance payment shall be recovered @ 12.5% of
mobilization advance as deductions in each interim
payment certificate which shall commence after 3
Payment
months of giving advance but in any case all amount to
be recovered within 12 months of giving advance or
completion of the Project, whichever is earlier.
In case, Contractor fails to execute the sufficient work,
to generate payments for recovery of extra Mobilization
within 11 months of giving advance, EIC may start the
process of revoking bank guarantee, which is provided
by Contractor against Mobilization Advance to recover
the balance Mobilization Advance along with the interest
accrued.
5 SECURITY
DEPOSIT AND
PERFORMANCE
GUARANTEE
• The Earnest Money of successful bidder shall be
retained by the Commissioner, Municipal Corporation,
Yamunanagar - Jagadhri against the Performance
Guarantee. The additional security @ 5% of gross
value of every running and final bill of the contractor
shall also be deducted.
• Performance Guarantee
The performance Bank guarantee shall be (5% of the
contract value – (Minus) the Earnest Money
retained). The remaining performance Bank guarantee
can be deposited by the agency within 20 days of the
allotment of work in the form of bank guarantee as per
format at Annexure-8. The BG should be issued by
any nationalized / schedule bank and shall remain valid
upto 60 days beyond defect liability period.
Performance Bank Guarantee submitted against the
performance guarantee shall be unconditional and en-
cashable/ revoked at Town for which Bids are invited or
at least at the concerned district head quarter when
presented in specified Branch Office.
Release of Security Deposit and Performance Bank
Guarantee
• The Performance guarantee i.e. Performance Bank
Guarantee and EMD retained as Performance
Guarantee shall be released after completion of work.
• The remaining cash retained i.e. Security Deducted
from bills (hereinafter referred as Security Deduction)
shall be released after the defect Liability period
6 SCHEDULE OF
PAYMENTS
The Bidder shall raise his invoice on the in different stages.
The invoice will be checked with reference to the supply of
material/equipment and progress of works and quality as
per the Scope of Work and Technical Specifications in the
Tender Document.
1. Schedule of Payment for Building work
a. On supply of Steel and
Cement at site
60% of the
Invoice value
All the items shall be paid on the basis of actual
measurement for completed work at site.
a. All the items shall be paid on the
basis of actual measurement for
completed work at site after
submission of bill for the executed
work duly verified by EIC.
Note: In case for any item/unit the Schedule of
Payment is not mentioned above, it shall be
decided by the Engineer-in-charge during execution
and his decision shall be final and binding.
7 Defects Liability
Period
i. The defect liability period shall be of 24 months, from the
next day of completion of project completion as reported
in the completion certificate issued by the department.
The Contractor shall operate & be responsible for
satisfactory performance & maintenance of all the work
under all under all design and operating conditions for the
duration of the defects liability period, except for damage
due to unprecedented natural calamities. During the
defect liability period the contractor has to provide for
additional training of the department staff and have to
carry out the operational, maintenance and repair
activities.
Constructional defect such as defects due to premature
use of materials, works not executed in accordance with
the Contract, hidden faults in material and equipment not
discovered during inspection and testing, fault in design,
manufacturing, erection and in construction shall be
pointed out by the EIC and shall have to be rectified by
the contractor during this period. The cost for repair
material, spare parts, transport, repairs, tests and repair
staff shall have to be borne by the contractor. If the
Contractor fails to rectify the defect within a period of 15
days 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 the Commissioner, Municipal
Corporation, Yamunanagar - Jagadhri may have against
the Contractor in respect of his failure to remedy such
defects.
In the case of delayed “Completion of Work” caused by
the Contractor, the defects liability period shall be
extended accordingly.
ii. The Engineer in Charge shall be entitled to operate any
section or sections after Total Physical Completion but
before Completion of work and thereupon the Engineer-
in-Charge shall issue a certificate in respect thereof to the
Contractor.
8. Permits /
N.O.C.’s and
Licenses
a) Permits, N.O.C.’s and licences required for the execution of the work shall be obtained by the contractor at his own expenses and nothing extra shall be paid in this regard.
9. Completion of
project in 100%
functional
condition.
a) Main Civil Contractor appointed by the Municipal
Corporation, Yamuna Nagar – Jagadhri (Haryana) for Civil
,Electrical& Public Health works shall cooperate &
coordinate with all other contractors like for Electrical
works, Fire fighting works, Development works, Lifts, Air
conditioning and/or other related works to get all
disciplines in 100% functional condition & shall not be
issued the Completion/ Virtual completion till the building is
completed and occupied by Municipal Corporation, Yamuna
Nagar – Jagadhri authorities i/c taking Possession cum
Occupation Certificate from Competent Authorities, NOC
from Pollution Control Deptt. Fire fighting Deptt. Or any
other State/Central Govt. Deptt. etc. Since all the jobs are
inter linked and is a joint responsibility of the main civil
contractor with other contractor for functioning of the
Building.
b) The work shall be executed as per general specification for
Civil, Electrical & PH works of the Haryana PWD. The work
shall be executed under the direct supervision of person
holding a certificate of competency issued by the state
government for the type of the works involved in
conformity with best method of modern engineering
practice and to the entire satisfaction of the Engineer in-
charge/Consultant. The contractor should be ready to
produce the details particular standard if asked by the
Engineer In-charge/Architect.
10. Correlation of
drawings
a) Drawing indicates the extent and general layout of Civil,
Electrical & Public Health etc. Any changes found essential
to coordinate installation of this work with other shall be
made without any extra claims.
11. Bought out
items with test
certificates and
of approved
make.
a) Bought out items shall be procured only from specified Established and leading Manufacturers having good performance record to their credit in similar field. In case of any deviation, prior written approval has to be obtained from the Engineer In charge /Architect. A list of different equipment/items of approved makes is enclosed in this document.
b) All Civil,Electrical,PH works etc. shall comply with the requirement and shall be subject to routine tests as stipulated in the statuary provision applicable in the locality. The manufacturer’s test certificate shall be submitted to the Engineer In charge/ Architect where demanded.
c) All the item of work shall be executed strictly in accordance with technical specifications, equipment schedule, drawings and bill of quantities read in conjunction with codes/ standards specified and intent of the specifications.
12. Approval of
Shop Drawings
for Specialized
Services
alongwith As
Built Drawings
on Completion
a) The drawings indicating the nature of work have been issued along with the tender. Successful tenderer shall be issued Good for Construction Drawings. Contractor shall further prepare & submit workshop drawings/ detailed execution drawings/ layouts, etc. to the Engineer In charge/ Architect for their approval within 15 days from the date of award of work.
b) All the requirements of specifications, equipment schedule, Specials, Accessories and Shop drawings whether such requirements are mentioned in the item or not. Specifications, equipment schedule and drawings shall be read as part of bill of quantities.
c) All specialized services like Air Conditioning, Fire Fighting, Automation, Structural Glazing and similar works shall be executed through a Specialized Agency approved by the Consultant/ Engineer Incharge before execution at site.
Such agency shall supply all shop drawings, fabrications details etc. alongwith Design Calculations as per Standard Norms for approval to the Competent Authority.
d) The approval of execution drawings/ shop drawings/ layout drawings shall not in any way absolve the contractor of his obligation to fulfill the intent of the specifications.
e) Contractor’s Final Bill shall be accepted by the Engineer-in-charge/Architect only if As Built Drawings for Civil, Public Health, Electrical & Allied Services Drawings in Triplicate on Ao Size are enclosed with Bill. All routing of pipes etc. for Public Health along with circuits & wires etc. for Electrical Works shall be submitted for easy maintenance of all services at all floors.
13. Equivalent or
Equal
a) The term “Equivalent” or “Equal” shall mean the equivalent in case badly required and as approved in the Writing by the Engineer Incharge/ Consultant. The question of “Equivalent” materials/ equipments shall be considered only, if the specified make is not available in the market or discontinued by the manufacturer. The same shall be certified in writing by the Company.
14. Office
Accommodation
for the Engineer
- in-charge /
Site Engineer.
a) The contractor shall provide, erect and maintain at his cost a separate simple watertight office accommodation for Engineer-in-charge / Architect / Site Engineer, in case it is not already available at site. This accommodation shall be well lighted and ventilated and provided with windows, door with a lock. The Engineer-in-charge / Site Engineer’s office shall be minimum of 14 Sqm. (150 Sqft.) and the Contractor shall provide a desk, chairs, drawers for keeping drawings, a cupboard having proper lock and a backboard for displaying drawings and lights and fans. The accommodation shall also be fully equipped with Telephone, fax machine, computer system fully loaded with required software, internet connection and A4 size printer and same shall be removed and structure should demolished when directed.
VOLOUM-II
SECTION 7
TECHNICAL SPECIFICATIONS
1. SPECIFICATIONS
The work will be executed as per Haryana PWD B&R Specifications as per latest amendment. In case of any discrepancy the Bureau of Indian Standards shall be followed and then CPWD
specifications shall be followed. These will be in order of preference as mentioned below:
i) Haryana PWD (B&R) Specifications.
ii) Bureau of Indian Standards.
iii) CPWD Specifications. In case, any item is not covered by all three above, then the decision of Engineer-in-Charge
shall be final. 1.1 Specifications of N.S. items have been detailed out in BOQ (DNIT) along with Approved Make to be strictly followed.
2. PREAMBLE
2.1 The technical specifications contained herein shall be read in conjunction with the other
bidding documents as specified in volume-1. 2.2 SITE INFORMATION
2.2.1 The information given here under and provided else, where in these documents is given in
good faith by the employer but the contractor shall satisfy himself regarding all aspects of site
conditions and no claim will be entertained on the plea that the information supplied by the employer in erroneous insufficient.
2.2.2 The area in which the works are located is mostly plain terrain.
2.2.3 GENERAL CLIMATIC CONDITIONS
2.2.3.1 The Variation in daily temperature in this region is as under :-
. (i) During summer months, from about 20º C minimum to 46º C maximum.
(ii) During winter months, from about 2º C minimum to 28º C maximum.
2.2.3.2 The average annual rainfall in the area is of the order of 500mm. A good portion of which is
concentrated during the months of August and September each year.
2.2.3.3 The range of relative humidity varies from a minimum of 40% to a maximum of 80%.
BROAD SPECIFICATION OF STEEL & CEMENT TO BE ARRANGED AND
USED BYTHE CONTRACTOR/BIDDER 1. STEEL
The steel to be used for the work shall be T.M.T. steel as per I.S.1786 Fe. 500 instead of cold
twisted Deformed (Ribbed/Tor Steel) bars of the primary producers such as TATA steel ltd,
SAIL, RINL, Jindal Steel & Power Ltd.(Jindal Panther) and JSW steel ltd or any primary
producer as approved by the Direction Committee of Haryana who are using iron are basic raw
material / input and having crude steel capacity of 2.0 million tons per annum and above will be
used.
2. CEMENT
I.S.I. marked 43 grade ordinary Portland cements as per I.S. 8112 (Latest) packed in HDOE bags
of 50kg each from the reputed firm from Birla , J.K., Ambuja, J.P. or as approved by Engineer-in-
Charge is to be used by the Contractor/ bidder Pozallana, Portland cement can be used only in
non RCC work. 3. Test Certificate from Shri Ram Test House/ NIT Kurukshetra or any other approved test center
shall be supplied by the agency for each lot of material and the cost thereof shall be borne by the
agency. 4. Payment of items involving use of cement , steel will be made to the agency only if original
voucher or bill of purchase is supplied to the Engineer-in-Charge . 5. No payment of items involving use of cement steel and other material will be made to the
agency if it is brought from any other manufacturer other than mentioned in this DNIT and item
thus executed will rejected & No payment will be made for such items. 6. Granite/Marble, Dholpur, Kotah or any other type of stone should be used in the work as
approved by the Engineer-in-Charge 7 In case factory manufactured items, the contractor will give the name of manufacturers and a
warranty certificate of five years in favour of Engineer-in-Charge. In case of doors shutters the
type of wood used shall also be given by the manufacturer. 8. All material which will be brought to the site either should be got tested at site or a test certificate
from the manufacturer will be produced by the contractor .In case Engineer-in-Charge is not
satisfied with the certificate produced by the contractor than the material will be sent to a reputed
laboratory for testing as desired by the Engineer-in-Charge and charges there of shall be borne by
the agency. 9. In case sample is not found up to the specification than the testing expenditure will be borne by
the agency and material is to be replaced. 10. If test certificate is not produced by the contractor/manufacturer the same will be got tested at the
frequency as in I.S. code/laboratory manual/PWD specification and the entire expenditure will be
borne by the agency.
11. The Aluminum sections to be used in the Joinery work shall be of Jindal or Hindalco.
12. The Cement and Steel will be arranged by the Agency himself at his own cost and the rates
quoted by the agency shall also include the cost of Cement and Steel. No other charges shall be
applicable on steel and cement.
13. The Cement manufactured by the mini Cement plant shall not be allowed to use.
14. The contractor shall use canal water for the construction of building or water from any other
sources as approved by the Engineer-in-Charge. Water should be got from tested at regular
intervals i.e. maximum of 2 (two) months from the laboratory approved by the Engineer-in-
Charge and no extra cost will be paid for the same. Water to be used shall meet latest IS standard
as per IS 456/other relevant codes. In case canal water is not available, contractor will install RO
system of suitable capacity and check quality of water daily from the Lab set up at site in addition
to regular testing from reputed lab.
CONDITIONS FOR EARTH WORK 1. The earth to be used shall be good and free from leaves, mud, vegetable metter slush and other
materials. 2. The work shall be carried out strictly in accordance with the P.W.D. specification book of 1990
of latest edition, there to and to the entire satisfaction of the Engineer-in-Charge of the work and
as amended from time to time, till the date of final payment. 3. The rate to be quoted shall includes all allowances for hardness wetness sales tax forest, dues
octroi, cess and all such other charges and taxes leviable if any and nothing extra shall be payable
to the agency on this account. 4. Nothing shall be paid for any loss of damages done due to rains, floods, or any other act of God.
5. Payment for earth filling will be done on the basis of cross sections as laid down in the Haryana
PWD specification No. 6.2 para 27 (b) read with the para 28 and multiplying the ratio of dry built
density of the earth and laid to dry bulk density of natural fill. 6. 20% deduction shall be made for actual measured cubic contents in all cases of un-compacted
fills to arrive at the net cubic contents/measurements. 7. No earth shall be taken from Govt. land. 8. In case agency brings/use the earth from lesser lead than provided in the D.N.I.T. / analysis. The
rate shall be reduced proportionately. 9. Cross section of existing ground at the interval of 15 metres shall be accepted and signed by the
tenderer before start of the work.
TECHANICAL CONDITION FOR EI WORK
1. The recovery of the pipe already laid will be made on measurement rate basis or point rate
basis or on actual expenditure basis which ever is on high side. In case of Departmental
work, 10% supervision charges shall also be added.
2. Conduit pipe where already laid for wiring purpose will be delivered to the contractor in absolutely clean condition with round inspection boxes duly painted, covered and whole
system tested. After the conduit system is handed over to the contractor to whom the work
is allotted, he will be responsible for its upkeep.
3. During execution of work, if the contractor does not lay pipe and its accessories in the slab
within time prescribed by the Engineer-in-Charge of the work, the Deptt. can then lay the
said pipe-departmentally at contractors risk and cost without operating the clause 2 and 3 of
the contract agreement.
4. Separate conduit pipe for power plug with independent circuit wires shall be laid.
5. Multi plugs shall be provided in all the buildings.
6. C-Series MCB will be provided for air conditioner wiring and no extra payment will be
made and only one make of MCB‟s will be used in whole work.
7. Vertical type of MCB distribution boards will be provided wherever required as per design.
8. The contractor is also allowed to use MCBs duly ISI marked of more then 9 KA breaking
capacity for which no extra payment will be made.
9. For HSR item no.31.12 (D), 31.15 the make of enclosure will be same as that ofMCB
of standard size having thickness 1.6 mm and 1.2 mm in case of TPN and
SPN
enclosure respectively.
10. All MCCBs upto 220 Amp will have 25 KA minimum breaking capacity and above 220
amp. MCCBs will have 50 KA minimum breaking capacity. All MCCBs will have
magnetic thermal release and rotary operating mechanism duly interlocked and only one
make of MCCBs shall be used in whole work. No extra payment on this account shall be
made.
11. The thickness of M.S. Sheet of switch boxes should be of 16 gauges for which no extra
payment will be made.
12. The fan boxes sheet should be 16 gauge and anodized for which no extra payment will be
made.
13. The contractor shall install the material from the list of approved electrical material
appended in the NIT. Material not covered in the list will be used as per HSR-1988, and
PWD Specifications-1990.
14. The contractor must ensure preparation and submission of pipe diagram, wiring diagram,
key diagram etc. as required vide PWD Specifications Chapter No. 31.6.
15. Where ISI recommends multi stranded conductor of cable, cable with multi- stranded
conductor only will be used on work.
16. Rates should be quoted by the tenderer both in word and in figure, in case of any difference
between the two, the lowest of the same shall be considered as final rate.
17. The rates of bus bar includes the cost of all Labour and material required to complete the job in all respect including thimbles etc. of the same material as that of bars. The support
for bars will be made of porcelain. No extra payment in this regard will be given.
18. The tenderer must either be “A” Class Electrical Contractor enlisted with Haryana
PW(B&R) Deptt. or he must sublet the electrical work to a sub contractor possessing the
above qualification. The Sub contracting will be done with the written approval of
Superintending Engineer, Municipal Corporation, Yamunanagar-Jagadhri or Executive
Engineer, Municipal Corporation, Yamunanagar-Jagadhri.
19. The contractor must employ the following staff while carrying out work:-
List of Key Personnel to be deployed on Contract Work.
(Reference CI 4.5 (B) (b)
Sr. Agreement Amount. Key personal required to be Recovery rate in case
Employed by the non –Employment.
contractor.
1 Upto Rs. 1.00 crore One Electrical Engineer with Rs. 30,000/- per month diploma in Electrical Engineering plus 14%
with 5 years experience of
Departmental
Charges
building construction.
2 Above Rs. 1.00 cr. to One Electrical Engineer with Rs. 50,000/- per month Rs. 5.00 cr. degree in Electrical Engineering plus 14% departmental
with 2 years experience or charges
Diploma in Electrical Engineering
with 5 years experience in
building construction.
3 Above Rs. 5.00 cr. One Electrical Engineer with Rs. 75,000/- per month degree in Electrical Engineering for Electrical
with 5 years experience in
Enginee
r. plus 14%
building construction departmental charges
21. All the street light fittings, bulbs and cables will be got inspected by the contractor at the
works/Go down of the manufacturer before installation at site. A certificate will also be
produced/ submitted by the contractor about the authenticity of purchase of above
material from the authorized source.
22. Only HYLAM make ISI make (I.S.2036-1995) white Bakelite sheet will be used without
any extra cost.
23. The rates mentioned in the NIT are for complete item including cost of all
accessories, material, labour, tool plants, water electricity bills etc. Unless otherwise specified. No extra payment for the same shall be made.
24. The minimum size of MS control switch boards for controlling one fan point and one
light point shall not be less than 20cm x 25cm x 10cm.
25. The MS box for telephone, Intercom and Bell push shall be installed of size 100mm x
100mmx 60mm in place of 75mm x 75mm x 60mm.
26. The tender having ambiguous/confusing rates and conditions shall be summarily rejected.
27. The quantity/amount of NIT can be increased or decreased.
28. No Road cut charges shall be paid.
29. The contractor shall install two number check nuts and one No. PVC threaded Bush for
each pipe in MS inspection boxes. The contractor shall also install PVC flanged bush in
the junction boxes for each pipe. No extra payment on this account will be made. The
contractor shall quote the rates accordingly.
L.T. panel: -
General: - This distribution board shall be fabricated out of 14 gauge sheet steel cubical type suitable for
floor mounting end or dead front type. Suitable rubber gaskets shall be provided between all opening and
joint to make the distribution board dust, moisture and vermin proof. The distribution board shall be
suitable for indoor location and shall consist of the bus bar chambers both vertically and horizontally and
the cable entry for the distribution shall be from bottom. Distribution board will consist of a number of
vertical sections. Each vertical section shall be divided in to a few standard sizes of the compartment. The
equipment for the various incoming and out going feeders shall be housed in a separate compartment.
Each compartment door of distribution board shall be provided with inter locking arrangement with the
handle of the respective switches/ MCCB such that the door can not be opened unless the switches are in
the off position. Vertical cable entry shall be provided on each section of the distribution board for
cabling purpose. Continues bus bar of copper shall be provided at the bottom along the entire length,
cable compartment with concealed hinged front door will be fully segregated from the main horizontal/
vertical bus bar of equipment module. The distribution board shall be painted with a suitable enameled
shade after necessary primary treatment. The distribution board shall be suitable for operation on 415
volts 3 phase 50 cycles per second A.C. supply system.
Bus Bar: - The high conductivity copper bus bar provided in the chambers shall be duly tinned and
insulated and rigidly supported at the short intervals by strong 12mm thick non inflammable
hylam partitions . The partitions shall be so designed so as to with stand the stress, which can nor
mall y occur on short circuits . Further, The bus b ars and links shall be of flat copper dully tinned
so that the contract between bus bars shall be easily accessible from front for any connections and
inspection etc .
The bus bars chamber should have of strong metal having no possibility of any dents, due to accidents
and damage, which could result into electrical fault. Bus bars chamber shall be of unit type construction
and have standard flanges opening at the top and bottom on both side so that any modification,
extension can be easily effected at the site.
Test Certificate: - A test certificate from the manufacturer shall be handed over to the department
before installation of the panel specifying that the panel conform to relevant IS/ PWD specifications.
Wiring Diagram: - After completion of the work complete diagram showing connections to the
various equipment on the board is to be prepared by the contractor and to be submitted to the
department along with final bill of the work. In case contractor fails to supply the diagram amount @
0.5% of the work executed shall be deducted from the contractor’s final bill.
Connection: - Inter connections from bus bar chamber to the different molded case circuit breaker / air
circuit breaker should be through solid copper bars of the required capacity duly tinned and insulated
for which no extra payment will be made.
Executive Engineer,
Municipal Corporation,
Yamunanagar-Jagadhri
APPROVED MAKES OF ELECTRICAL ACCESSORIES / ITEMS
Sr.
No. Name of Items Name of the Brand
1
(A) Electrical accessories, Button
Holder, (A) Anchor (Penta), SSK (Top Line)
Pendent Holder, Ceiling Rose,
Bell
push, Switches and sockets, Call
(B) Anchor (Wood), ABB (Classiq),
Legrand
bell/buzzer etc. (I.S.I. Marked).
(Mosaic), North West, Great White (Fiana),
SSK
(B) Modular Accessories. (Zen, Elegance, Heritage series).
2 Bakelite Sheet (Only White in colour) Hylem, Greenlame (ISI marked)
3 MS Conduit Pipes (I.S.I. Marked)
BEC, NIC, Steel Krafts, M.Kay
4 PVC Wires Copper Conductor (I.S.I. Marked)
Grandlay, Havell’s, Plaza, Ecko, Polycab.
Delton, R.R. Kabel, HPL, DIATRON, Great White
5 LT-PVC/ XLPE Underground cables with
A) All sizes:- CCI, Grandlay, Havell‟s, Plaza,
Aluminum Conductor (I.S.I.
Marked) Polycab, Delton, DIATRON, B) Upto 25 sq. mm 2 to 4 core :- Paragon, Pymen,
Kent, Indane, Incab.
6 (i) HT-XLPE cables with aluminum
CCI, Gloster, Havell’s, Incab, Plaza, DIATRON.
Conductor (As approved by UHBVNL/DHBVNL)
(I.S.I. Marked)
(ii) Arial Bunch cable/ACSR
7 PVC Conduit pipe with accessories and 6 Kg.
AKG, Diplast, Kalinga, Polypack. PKS, Ravindra
Pressure PVC pipe and its
Accessories
8 GI Pipe & M.S. Pipe (medium)
Jindal, Parkash, Ravindra, Tata.
(I.S.I. Marked)
9 I.C. Switches/SFU/FSU/Changeover switch
Category-A (All sizes):- GE, L&T , Siemens,
Category-B (All sizes): Havell’s, SSK,
C&S, Standard,
HPL.
10 MCBs & Enclosure, ELCB/RCCB. A) GE, Havell’s, L&T, Legrand, Standard, Siemens,
C&S, ABB, Schneider Electric, HPL,
BCH.(Makes of enclosures shall be as per
MCB
s)
Prewired DB’s :- Adhunik (For Adhunik
prewired DB’s MCB of Adhunik can be installed but
not approved in
general)
11 MCCBs & Enclosures
GE, Havell’s, L&T, Siemens, Schneider Electric,
ABB, C&S, Standard, Legrand, BCH, HPL.
12 POLES i) M.S. Pole:- - Manufactured by any firm as per I.S.I. Marked sectional lengths strictly according to IS
ii) G.I. Pole:-
specifications.
-Philips, Bajaj, Surya Roshni, Paruthi Engineers
(PE),
Volmont, GE India, Crompton Greaves,
iii) High Mast :- Skipper, Vipin S.T Poles
- Philips, Bajaj, Surya Roshni, Volmont,
Paruthi Engineer (PE), Crompton Greaves,
iv)
Decorativ
e
Skipper, Vipin S.T
Poles
Poles:-
Twinkle, Mayfair & Sumaglli
13 PVC Casing & Trunking AKG/MK
14 Ceiling Fans (Double ball Bearings) Bajaj, Crompton, Khaitan, Orient, Usha.
15 Indoor light fittings A.) GE, Philips, Wipro, DESANO, REAGENT
16 Outdoor Street Light GE, Philips, Wipro, DESANO, REAGENT
17 Flood Light Fittings, Sodium/ M.H./LED GE, Philips, Wipro, DESANO, REAGENT
18 L.T. Panel/ Load Bank/APFC/Bus Bar Schneider, C&S, ABB, Siemens, Standard, Havell‟s,
Trunking (OEM or their TTA) BCH, Nitya Electrocontrol (NEC), L&T,
(Applicable for Electrical works
more than
AVO
N
Rs. 50.00 lacs and all sub
stations
works of 500 KVA and above) 19 ACBs GE, L&T, Siemens, Schneider Electric, ABB, C&S.
Havell’s, HPL.
20 OCBs and VCBs Alstom, Crompton, Siemens.
21 TRANSFORMERS Alstom, Bharat Bijlee, Kirloskar, Crompton,
NGEF, Voltamp, ABB, Siemens, Schneider
22 GENERATORS : Engines: Cummins, Greaves Cotton, Kirloskar, Ruston, Eicher (Upto 125 KVA).
Alternators : Crompton, Jyoti, Kirloskar, NGEF,
Stamford.
23 CSSU Schneider Electric, ABB, Siemens, C&S
TECHNICAL CONDITION FOR P.H. ITEMS.
P.H. fixtures
1. The sanitary fixtures such as E.W.C., Wall Hung Water Closet, Sistern, Wash Hand Basin,
Half Stall Urinal, Urinal Partitions etc. shall be Ist class of reputed manufacturers such as
Hindware, Kohlar & Jaguar duly approved make by Engineer-in-Charge/Architect.
2. The SWR UPVC Soil Waste Vent or Antisyphonage Pipes as per IS – 13592 B type & SWR
UPVC specials helper IS 14735 etc. shall be of reputed manufacturers such as Make of
Supreme, Astral & Finolex duly approved by Engineer-in-Charge/Architect.
3. The other Sanitary Fixtures of CP Brass and Stainless Steel such as Short Body Bib Tap,
Long Body Bib Tap, pillar Tap, Pressmatic Push Valve, Angle Valve, Concealed Valve,
Spray Jet & Health Faucet etc. as mentioned in schedule of items shall be manufactured of
reputed firm such as Hindware/ Jaguar & Chilly Make approved by Engineer-in –
Charge/Architect.
4. CPVC (Chlorinate Poly Vinyl Chloride) pipes & specials for inside buildings as per IS 15778
as mentioned in schedule of items shall be of reputed manufacturers such as Finolex, Astral
approved by Engineer-in-Charge/Architect.
5. In this contract schedule of rates only essential portion of items has been written, for Public
Health item, but it will deem to cover only the entire items as fully described in Haryana
PWD Schedule of Rates – 1988 & amended schedule 2010.
6. The Engineer-in-Charge shall be entitled to order against any item of work shown in this
contract schedule of rates here-in-after called the “Schedule” to any extent and without any
limitation what-so-ever required in his opinion for the purpose of work irrespective of the fact
that the quantities are omitted altogether in the schedule to be carried out.
7. Stainless Steel Sink with other accessories as mentioned in schedule of items shall be
manufactured of reputed firm such as Hindware, Jaguar make approved by Engineer in
Charge/Architect.
Conditions for Public Health Works
1 . The work will be carried out strictly in accordance with the PWD Book of specification
addition 1990, which will form a part and parcel of this contract Agreement.
2. In this contract schedule of rates only essential portion of item has been written, but it will
deem to cover the entire items as fully descry bed in Haryana PWD schedule of rates-1988
amended schedule 2017. 3. The Engineer-in-Charge shall be entitled to order work against any item of work shown in
this contract schedule of rates hereinafter called the schedule, to any extent and without any
limitation where ever as may be required in his opinion for the purpose of work, Irrespective
of the fact that the quantities are omitted all together in the schedule or are shown more or
less than the work ordered to be carried out. 4. The rate for any item of work not provided in the Haryana PWD schedule of rates 1988
amended schedule 2017 but executed at site will be decided by the competent authority and
the decision will be binding upon the contractor. 5. All the items in this contract schedule or rates are subject to the footnotes given in the
Haryana PWD schedule or rates of rates 1988 amended schedule 2017 regarding these items. 6. Approximate quantities are given in this contract schedule of rates and may vary at the time
of execution of works. The payment will however be made for the actual work done by the
contractor. No extra claims whatsoever will be admissible to the contractor on account of v
variation alternation or deletion of any items over the quantities depicted in this contract
schedule of rates. 7. All amendments issued on the Haryana PWD Schedule of Rates-1988 and amended schedule
of 2017 upto the date of opening of tenders will be applicable on the contract schedule of
rates. 8. The contractor will have to make his own arrangement of bricks. 9. Any other items not included in this contract schedule of rates and got done at site of work
will be paid according to Haryana PWD schedule of rates 1988 amended schedule 2017
accepted in the allotment letter approval issued by the competent authority against this
agreement. 10. No claim will be entertained from the contractor in case of any omission in description rates
or unit which might have occurred in any of these items taken in this schedule while
comparing this schedule or on account of typing comparison or overwriting in case of any
error the same shall be rectifiable at any stage as per Haryana PWD schedule of rates 1988
amended schedule 2017 along with the amendments on the same received from time to time.
11. The premium should be quoted above or below the contract schedule of rates and no
condition should be given in case any condition is tendered this will be considered as Null
and void and only the premium or discount quoted by the tenderer shall be accepted in case
any tenderer refuses to accept this his earnest money will be forted.
12. The contractor shall submitted the test certificate if the steel brought by him to site of work
also the sample of steel may be got tested by the Engineer-in-Charge. The steel shall be ISI
marked. 13. No. premium shall be payable on the allotted rates of NS items by the competent authority. 14. Inspection of SWR UPVC pipe & RCC NP2 pipe will be carried out by the Engineer-in-
Charge/Architect before the same are brought at site for use & SWR UPVC pipe & RCC NP2
pipe will be confirming to all the tests including optional test as per IS 651-1992 for SWR
UPVC pipe and 458-1988 for RCC NP2 pipe with up to date amendment. 15. The measurement of SWR UPVC pipe & RCC NP2 pipe sewer provided on through rate
basis will be done by at least 2 No J.Es to be nominated by Engineer-in-Charge. 16. Each ductile iron manhole cover and frame shall have the trade mark of manufacturer month
and year along with class and work and shall be ISI mark. 17. All taxes such as GST royalty municipal tax octroi charges and any other kind of GST shall
be paid by the contractor and are included in the rate quoted by the contractor separately for
which no premium will be allowed. 18. As and when contractor gives condition that arrangement of water shall made by the
department, it shall be deemed that all the charges incurred thereon shall be borne by the
department and recovery on the total work done shall be made from him. 19. Rate to be quoted by the contractor for each N.S item for complete Job including all
taxes/GST, carriage etc. Nothing extra on any account shall be paid. 20. Payment will be made according to the actual work done by the contractor. 21. Towel rails, Towel ring and bottle traps will be fitted after the written approval of Engineer-
in-Charge/Architect.
22. Extra for Earth Work under Standing Water, making dewatering arrangement by pumping
set will be done by the contractor, water level of standing level at site. The concerned
JEE/SDO will fix water level and certify after physical verification of site. The Engineer in
Charge decision will be final and binding on the contractor.
23. The Vitrified Tiles, Glazed Tile, Mirror Finish Vitrified Tile, Granite Stone or any other
material required for flooring finish shall be 1st class of reputed manufacturer such as
Kajaria, Johnson and Nittco or equivalent duly approved make by the Engineer in
Charge/Architect.
TECHNICAL CONDITION FOR P.H. ITEMS.
P.H. fixtures
1. The sanitary fixtures such as E.W.C., Wall Hung Water Closet, Sistern, Wash Hand Basin,
Half Stall Urinal, Urinal Partitions etc. shall be Ist class of reputed manufacturers such as
Hindware, Kohlar & Jaguar duly approved make by Engineer-in-Charge/Architect.
2. The SWR UPVC Soil Waste Vent or Antisyphonage Pipes as per IS – 13592 B type & SWR
UPVC specials helper IS 14735 etc. shall be of reputed manufacturers such as Make of
Supreme, Astral & Finolex duly approved by Engineer-in-Charge/Architect.
3. The other Sanitary Fixtures of CP Brass and Stainless Steel such as Short Body Bib Tap,
Long Body Bib Tap, pillar Tap, Pressmatic Push Valve, Angle Valve, Concealed Valve,
Spray Jet & Health Faucet etc. as mentioned in schedule of items shall be manufactured of
reputed firm such as Hindware/ Jaguar & Chilly Make approved by Engineer-in –
Charge/Architect.
4. CPVC (Chlorinate Poly Vinyl Chloride) pipes & specials for inside buildings as per IS 15778
as mentioned in schedule of items shall be of reputed manufacturers such as Finolex, Astral
approved by Engineer-in-Charge/Architect.
5. In this contract schedule of rates only essential portion of items has been written, for Public
Health item, but it will deem to cover only the entire items as fully described in Haryana
PWD Schedule of Rates – 1988 & amended schedule 2010.
6. The Engineer-in-Charge shall be entitled to order against any item of work shown in this
contract schedule of rates here-in-after called the “Schedule” to any extent and without any
limitation what-so-ever required in his opinion for the purpose of work irrespective of the fact
that the quantities are omitted altogether in the schedule to be carried out.
7. Stainless Steel Sink with other accessories as mentioned in schedule of items shall be
manufactured of reputed firm such as Hindware, Jaguar make approved by Engineer in
Charge/Architect.
Conditions for Public Health Works
1 . The work will be carried out strictly in accordance with the PWD Book of specification addition
1990, which will form a part and parcel of this contract Agreement.
2. In this contract schedule of rates only essential portion of item has been written, but it will deem to
cover the entire items as fully descry bed in Haryana PWD schedule of rates-1988 amended schedule
2017. 3. The Engineer-in-Charge shall be entitled to order work against any item of work shown in this
contract schedule of rates hereinafter called the schedule, to any extent and without any limitation
where ever as may be required in his opinion for the purpose of work, Irrespective of the fact that the
quantities are omitted all together in the schedule or are shown more or less than the work ordered to
be carried out. 4. The rate for any item of work not provided in the Haryana PWD schedule of rates 1988 amended
schedule 2017 but executed at site will be decided by the competent authority and the decision will
be binding upon the contractor. 5. All the items in this contract schedule or rates are subject to the footnotes given in the Haryana PWD
schedule or rates of rates 1988 amended schedule 2017 regarding these items. 6. Approximate quantities are given in this contract schedule of rates and may vary at the time of
execution of works. The payment will however be made for the actual work done by the contractor.
No extra claims whatsoever will be admissible to the contractor on account of v variation alternation
or deletion of any items over the quantities depicted in this contract schedule of rates. 7. All amendments issued on the Haryana PWD Schedule of Rates-1988 and amended schedule of 2017
upto the date of opening of tenders will be applicable on the contract schedule of rates. 8. The contractor will have to make his own arrangement of bricks. 9. Any other items not included in this contract schedule of rates and got done at site of work will be
paid according to Haryana PWD schedule of rates 1988 amended schedule 2017 accepted in the
allotment letter approval issued by the competent authority against this agreement. 10. No claim will be entertained from the contractor in case of any omission in description rates or unit
which might have occurred in any of these items taken in this schedule while comparing this
schedule or on account of typing comparison or overwriting in case of any error the same shall be
rectifiable at any stage as per Haryana PWD schedule of rates 1988 amended schedule 2017
alongwith the amendments on the same received from time to time.
11. The premium should be quoted above or below the contract schedule of rates and no condition
should be given in case any condition is tendered this will be considered as Null and void and only
the premium or discount quoted by the tenderer shall be accepted in case any tenderer refuses to
accept this his earnest money will be forted.
12. The contractor shall submitted the test certificate if the steel brought by him to site of work also the
sample of steel may be got tested by the Engineer-in-Charge. The steel shall be ISI marked. 13. No. premium shall be payable on the allotted rates of NS items by the competent authority. 14. Inspection of SWR UPVC pipe & RCC NP2 pipe will be carried out by the Engineer-in-
Charge/Architect before the same are brought at site for use & SWR UPVC pipe & RCC NP2 pipe
will be confirming to all the tests including optional test as per IS 651-1992 for SWR UPVC pipe
and 458-1988 for RCC NP2 pipe with upto date amendment. 15. The measurement of SWR UPVC pipe & RCC NP2 pipe sewer provided on through rate basis will
be done by at least 2 No J.Es to be nominated by Engineer-in-Charge. 16. Each ductile iron manhole cover and frame shall have the trade mark of manufacturer month and
year alongwith class and work and shall be ISI mark. 17. All taxes such as GST royalty municipal tax octori charges and any other kind of GST shall be paid
by the contractor and are included in the rate quoted by the contractor separately for which no
premium will be allowed. 18. As and when contractor gives condition that arrangement of water shall made by the department, it
shall be deemed that all the charges incurred thereon shall be borne by the department and recovery
on the total work done shall be made from him. 19. Rate to be quoted by the contractor for each N.S item for complete Job including all taxes/GST,
carriage etc. Nothing extra on any account shall be paid. 20. Payment will be made according to the actual work done by the contractor. 21. Towel rails, Towel ring and bottle traps will be fitted after the written approval of Engineer-in-
Charge/Architect.
22. Extra for Earth Work under Standing Water, making dewatering arrangement by pumping set will
be done by the contractor, water level of standing level at site. The concerned JEE/SDO will fix
water level and certify after physical verification of site. The Engineer in Charge decision will be
final and binding on the contractor.
23. The Vitrified Tiles, Glazed Tile, Mirror Finish Vitrified Tile, Granite Stone or any other material
required for flooring finish shall be 1st class of reputed manufacturer such as Kajaria, Johnson and
Nittco or equivalent duly approved make by the Engineer in Charge/Architect.
Executive Engineer,
Municipal Corporation,
Yamunanagar-Jagadhri.