Term of Re Carrying out survey, Geotechnical Detailed
Municipal Corporation Gurgaon TENDER DOCUMENT Term of Reference Documents for Name of the work Carrying out survey, Geotechnical investigation and preparation of GADs, BOQ, Detailed Designing, working drawings, Detailed Estimate including rrequired Modifications during Construction of 2 Lane additional ROB Parallel to existing ROB at Gurgaon on Km. 35/4-5 35/4 5 on Delhi Rewari Jaipur Railway line X X-ing Gurgaon Jhajjar road, Gurgaon District. 2015 Name of Agency : ……………………………………………… ……………….......... ……………….......................................... Agreement No : ……………………….............................. ……………………….... -SdSignature of Dy. Supdt. Tender Notice No..…… PRESS NOTICE MUNICIPAL CORPORATION GURGAON Municipal Corporation Gurgaon Notice Inviting Tender No. EE-V/MCG/2015/ 1. Dated: Online bids are hereby invited on behalf of Commissioner MCG below:- Name of Work : for the works mentioned Carrying out survey, Geotechnical investigation and preparation of GADs, BOQ, Detailed Designing, working drawings, Detailed Estimate including required Modifications during Construction of 2 Lane additional ROB Parallel to existing ROB at Gurgaon on Km. 35/4-5 on Delhi Rewari Jaipur Railway line X-ing Gurgaon Jhajjar road, Gurgaon District. Note :- Pre-bid meeting will be held on 27.04.2014. Sr. No. of work 1 1. 2. 3. 4. Estimated Cost Earnest Money Rs. in Lacs. in Rs. 30.00 Tender Document Fee During date & Time in Rs. 30000.00 1000/- Downloading of Tender Document along with Tender fees Online Bid preparation and hash submission Up to 05.05.2015 Upto 05.05.2015 Tender will be opened on (dated) 12.05.2015 , from 09:00 AM to 5:00 PM The detail tender notice can be seen on website: http://mcg.etenders.in Possession of Digital Signature Certificate (DSC) and registration of the contractors on the portal i.e. http://mcg.etenders.in is a prerequisite for e-tendering. Kindly contact Municipal Corporation Faridabad Sanjay Contact no. 8743042801 For any other queries, please contact Executive Engineer V, Municipal Corporation Gurgaon Tel (M) +91 9717386662 , Address:- C-1, Info city, Sector-34, Gurgaon For further details and e-tendering schedule, visit website http://mcg.etenders.in For & on behalf of Commissioner MCG Executive Engineer V, Municipal Corporation, Gurgaon. NOTICE INVITING TENDER Online bids are hereby invited on behalf of Commissioner MCG for the following work as mentioned below:Name of Work : Carrying out survey, Geotechnical investigation and preparation of GADs, BOQ, Detailed Designing, working drawings, Detailed Estimate including required Modifications during Construction of 2 Lane additional ROB Parallel to existing ROB at Gurgaon on Km. 35/4-5 on Delhi Rewari Jaipur Railway line X-ing Gurgaon Jhajjar road, Gurgaon District. Sr. No. of work Estimated Cost Earnest Money Rs. Rs. Tender Document Fee During date & Time in Rs. 30.00 Lacs 1 30000.00 1000/- Downloading of Tender Document & Payment of Tender Document fees Online Bid preparation and hash submission Up to 05.05.2015 Upto 05.05.2015 1. Tender documents can be seen on website and downloaded online from the Portal: http://mcg.etenders.in by the Firms / Individual registered on the Portal. 2. As the Bids are to be submitted online and are required to be encrypted and digitally signed, the Bidders are advised to obtain Digital Signature Certificate (DSC) at the earliest. For obtaining Digital Certificate, the Bidders should follow point No. 3 under "Annexure-A - Conditions of e-tendering". 3. Sr. No. 1 Key Dates MCG State Release document Contractor Stage of Tender 2 3 4 Expiry Date and Time 17.04.2015 15:00 18.04.2015 17:00 Hrs - Downloading of Tender Documents along with Tender fees 18.04.2015 17:01 Hrs 05.05.2015 17:00 Hrs - Online Bid Preparation & Hash Submission 06.05.2015 09:00 Hrs 07.05.2015 17:00 Hrs - 08.05.2015 09:00 Hrs 09.05.2015 17:00 Hrs 10.05.2015 09:00 Hrs 11.05.2015 17:00 Hrs Technical & Financial Lock 5 Start Date and Time Re-Encryption of Online Bids - 6 Open EMD & Technical/PQ Bid - 12.05.2015 09:00 Hrs 13.05.2015 17:00 Hrs 7 Eligibility evaluation - 10.05.2015 09:00 Hrs 11.05.2015 17:00 Hrs 8 Open Financial/Price-Bid - 10.05.2015 09:00 Hrs 11.05.2015 17:00 Hrs criteria 4. The Bidders can download the tender documents from the Portal: http://mcg.etenders.in. Tender Documents Fees has to be paid online through payment gateway during the "Downloading of Tender Document & Payment of Tender Document fees" stage and Earnest Money Deposit has to be submitted through Demand Draft in the name of Commissioner, Municipal Corporation Gurgaon. The particulars are to be given online at the e-tendering website of the department:- a) Name of a/c holder from whose a/c payment for earnest money has been made by the agency A/C No. Name of the Bank Transaction ID Date of time of transaction Mode of payment is through RTGS, Demand Draft, Net banking, Credit card etc. Amount of Payment b) c) d) e) f) g) Willing Contractors shall have to pay the Tender Document Fees through payment gateway during the "Downloading of Tender Document & Payment of Tender Document fees" stage. However, as the details of the EMD are required to be filled at 5. 1. 2. 3. the time of Bid Preparation and Hash Submission stage, the Bidders are required to keep the EMD details ready beforehand. The tender shall be submitted by the bidder in the following three separate envelops online: Earnest Money and all the documents in support of eligibility criteria Envelope 'ED' N.I.T. and Technical Bid Envelope 'T I' Price Bid Envelope 'C I' Note:-Online Bidders shall submit the EMD. Documents in support of eligibility criteria shall also be submitted in Envelope 'ED'. Price Bids are to be submitted mandatory online and shall not be accepted in any physical form. Reference of the EMD is to be mentioned online. The envelopes 'ED' & 'TI' shall be kept in a big outer envelop, which shall also be sealed. In the first instance, the Envelop - 'ED' of all the Bidders containing the Earnest Money and documents supporting eligibility criteria shall be opened online. If the Earnest Money and eligibility of bidder is found proper, the Envelop 'TI' containing Technical Bid shall be opened in the presence of such bidders who either themselves or through their representatives choose to be present. The Technical and Financial bid shall be opened only if the bidders meet the eligibility criteria as per the Bid document. The bidder will submit the necessary documents as under. Envelope 'ED' - Earnest Money Deposit and eligibility criteria Envelop Online EMD Envelope-Reference details of the Earnest Money Deposit instrument and scanned copy of documents supporting eligibility criteria. Envelope 'TI' - Technical Bid Envelope Online Technical Envelope - All the information and scanned copies of the Documents / Certificates as required to be submitted as per the Tender. Also, all such documents, if any, that cannot be submitted online i.e. all the Information and Documents / Certificates as required to be submitted in physical technical envelope as per the Tender. Envelope 'CI' - Price Bid Envelope To be submitted mandatory online- "Information related to Price Bid of the Tender". The Envelopes "ED" & "TI" shall be placed in another envelop of bigger size clearly marking the name of agency & name of work. In case, the Bidders have submitted all the information and documents/ certificates required as a part of Technical Bid online, physical Envelope "TI" shall be submitted clearly marking "Blank". The bidder can submit their tender documents as per the dates mentioned in the schedule above. (1) CONDITONS:Application for tender documents must accompany with an attested copy of registration certificate of the contractor at the time of submission of tender. (2) Tender of societies shall be accepted on production of resolution duly attested by the registrar of society or authorized person. (3) The execution of entire work shall be monitored by a citizen supervisory committee comprising persons who are stake holder in the work. The contractor shall be bound to keep the committee apprised of various important phases of the work right from the beginning till the end. The contractor shall also give due consideration to the suggestion of this committee with regard to the quality of work from time to time. In case of contractor finds such suggestion to be unacceptable, the matter shall be brought in the notice of Engineer-in-charge. The tender without earnest money will not be opened. The jurisdiction of court will be at Gurgaon. The tender of the bidder who does not satisfy the eligibility criteria in the bid documents is liable to be rejected summarily without assigning any reason and no claim whatsoever on this account will be considered. The bid for the work shall remain open for acceptance during the bid validity period to be reckoned from the date of "Online Bid preparation and Hash submission". If any bidder withdraws his bid before the said period, any modifications in the terms and conditions of the bid, the said earnest money shall stand forfeited. Bids would require to be valid for 3 months from the date of closing of online "Bid preparation and Hash submission stage". Tender form for Bituminous road work will be issued only to:- (4) (5) (6) (7) (8) (i) (ii) Such road work contractual agencies that produce requisite documents to the satisfaction of Engineer-in Charge that they have already installed HMP or own spare Hot Mix plant along with requisite machinery for transportation of mix material is lying with paver & compaction with road rollers as per specifications. Such existing or to be installed Hot Mix Plant will be located within 30Km. distance from the site of work(s) to keep the temperature of mix material to the required level. OR Such contractual agencies who produce the requisite documentary proof to the satisfaction of Engineer-in Charge for obtaining the H.M.P. & other machinery on lease as specified in above sub-Para (i) from an authorized and established leasing company/agency already engaged in this business. For and On Behalf of Commissioner MCG -SdExecutive Engineer-V, Municipal Corporation, Gurgaon SECTION – 2 INSTRUCTIONS TO TENDERERS/BIDDERS INSTRUCTIONS TO BIDDERS 1 GENERAL : 1.1 The work is proposed to be executed under the following relationship: - a) Client Municipal Corporation Gurgaon b) Employer Commissioner, Municipal Corporation Gurgaon c) Engineer-in-Charge Executive Engineer-V Municipal Corporation , Gurgaon (9467737357) d) Design Consultant The successful tenderer to whom the work will be awarded shall become the Design consultant for the execution of this work. 2. ELIGIBILITY CRITERIA The applicants shall meet with all the following “Criteria” i). The applicants must be empanelled as on date by any of the following department 1. Municipal Corporation, Gurgaon(MCG) 2. Haryana State Road & Bridge Development Corporation. (HSRDC) 3. Haryana PWD (B&R) 4. (National Highways Authority of India (NHAI) 5. Ministry of Road Transport and Highways (MORT&H) ii). In last five years ending 31.03.2015, Consultant must have completed for Govt./Semi Govt./Public Sector/Listed Public Companies as prime consultant:- a) Detailed DPR of three no. ROB’s And b) Detailed Design and Drawing consultancy for three No. Approaches to ROB Comprising of Solid Fill (with RCC/ R.E. Wall) and stilt portion. The ROB will be designed to suit exiting 2 lane ROB. iii). The average annual financial turnover from consultancy work only during the last 3 years (2012-13, 2013-14, 2014-15) should not be Less than 80.00 Lacs. Notes:1. The consultant should submit performance certificates in reference to Sr. No (ii) above, from clients for having successfully completed the works. 2. The financial turnover shall be judged from ITCC or Annual Reports including Profit and Loss Account. No joint venture/Consortium is permitted. 3. The PWD require Design Consultants to observe the highest standard ethics during selection process and the execution of contracts. of If it is found at any time that a Design Consultant has misrepresented itself, or provided false information, he is liable to be disqualified. 4. Bidders may carefully note that they are liable to be disqualified at any time during Bidding process in case any of the information furnished by them is not found to be true. In addition the EMD of such Bidder shall be forfeited. The decision of Employer in this respect shall be final and binding. 5. The Bidder must obtain for itself on its own responsibility and its own cost all the information including risks, contingencies and other circumstances in execution of the work. It shall also carefully read and understand all the obligations and liabilities given in Bid documents. 6. The Bidder is advised to visit and examine the site where the work is to be executed and its surroundings or other areas as deemed fit by the Bidder and obtain for itself on its own responsibility all information that may be necessary for preparing the Bid and execution of the contract. The cost of visiting the site and collecting relevant data shall be at the Bidder’s own expenses. It is a condition of the Bid that the Bidder is deemed to have visited the site and satisfied itself with all the conditions prevailing including any difficulties for executing the work. 7. All the pages of the Bid documents submitted by Bidder shall be signed and stamped by the Bidder or his representative holding the Power of Attorney (Enclose original/attested photocopy of the Power of Attorney). 8. Earnest Money Online Bidders shall submit the EMD. Documents in support of eligibility criteria shall also be submitted in Envelope 'ED'. Price Bids are to be submitted mandatory online and shall not be accepted in any physical form. Reference of the EMD is to be mentioned online. The envelopes 'ED' & 'TI' shall be kept in a big outer envelope, which shall also be sealed. In the first instance, the Envelop - 'ED' of all the Bidders containing the Earnest Money and documents supporting eligibility criteria shall be opened online. If the Earnest Money and eligibility of bidder is found proper, the Envelop 'TI' containing Technical Bid shall be opened in the presence of such bidders who either themselves or through their representatives choose to be present. The Technical and Financial bid shall be opened only if the bidders meet the eligibility criteria as per the Bid document. The bidder will submit the necessary documents as under. Envelope 'ED' - Earnest Money Deposit and eligibility criteria Envelop Online EMD Envelope-Reference details of the Earnest Money Deposit instrument and scanned copy of documents supporting eligibility criteria. Forfeiture of Earnest Money: The Earnest Money of the Bidder shall be forfeited if he withdraws his Bid during the period of Bid validity specified in the “Notice Inviting Bid” or extended validity period as agreed in writing by the Bidder. The earnest money of the successful Bidder is liable to be forfeited if he fails to; i) Sign the Contract Agreement in accordance with the terms of the Bid, or ii) Furnish Performance Guarantee in accordance with the terms of the Bid, or iii) Commence the work within the time period stipulated in the Bid. a. In case of forfeiture of EMD, the Bidder can be debarred from Bidding in case of re-invitation of the Bids and also for further 5 years. b. Return of Earnest Money: i. The Earnest Money of the unsuccessful Bidders shall be discharged and returned as promptly as possible. ii. The Earnest Money Deposit of the successful Bidder shall be returned after signing of agreement & submission of performance guarantee. 10. Deleted 11. Withdrawal of Bid. No Bid can be withdrawn after submission and during Bid validity period. 12. Evaluation and comparison of Bids 12.1 The Bidder must submit all necessary authentic data. 12.2 The technical bids will be opened first. The financial bids of the applicant whose technical bids are found as per the eligible criteria will be opened in the presence of the applicants present on that date .Financial bids of applicants not meeting the eligibility criteria will not be opened. 12.3 The Employer reserves the right to negotiate the offer submitted by the Bidder to withdraw certain conditions or to bring down the rates/contract price to a reasonable level. 13. Award of Contract 13.1 The employer shall award the Bid to the Eligible and the lowest Bidder. 13.2 Letter of Acceptance issued by the Employer/Engineer shall constitute a legal and binding contract between Employer/Engineer and the Design Consultant till such time the contract agreement is signed. 2 Eligible Bidders This invitation of bids is open to consultants empanelled with 1. MCG 2. Haryana PWD B&R. 3. HSRDC 4. HNAI 5. MORTH 3 Design Consultants to observe the highest standard of ethics during selection process and the execution of contracts. If it is found at any time that a Design Consultant has misrepresented itself, or provided false information, he is liable to be disqualified. 4 Bidder may carefully note that they are liable to be disqualified at any time during bidding process in case any of the information furnished by them is not found to be true. 5 The bidder must obtain for itself on its own responsibility and its own cost all the information including risks, contingencies and other circumstances in execution of the work. It shall also carefully read and understand all the obligations and liabilities given in term of reference documents. 6 The bidder is advised to visit and examine the site where the work is to be executed and its surroundings or other areas as deemed fit by the bidder and obtain for itself on its own responsibility all information that may be necessary for preparing the bid and execution of the contract. The cost of visiting the site and collecting relevant data shall be at the bidder’s own expenses. It is a condition of the tender that the tenderer is deemed to have visited the site and satisfied itself prevailing including any difficulties for executing the work. with all the conditions 7 All the pages of the term of reference documents submitted by tender’er shall be signed and stamped by the bidder or his representative holding the Power of Attorney (Enclose original/attested photocopy of the Power of Attorney). 8 Withdrawal of tender. No tender can be withdrawn after submission and during tender validity period. 9 9.1 Evaluation and comparison of tenders The Employer reserves the right to negotiate the offer submitted by the tenderer to withdraw certain conditions or to bring down the rates/contract price to a reasonable level. 10 10.1 Award of Contract Letter of Acceptance issued by the Employer/Engineer shall constitute a legal and binding contract between Employer/Engineer and the Design Consultant till such time the contract agreement is signed. SECTION – 3 TERMS OF REFERENCE CONDITIONS OF CONTRACT 1.0 SCOPE OF WORK: The scope of the work shall consist of carrying out the following activities in connection with the one ROB Parallel to existing ROB (as detailed in Notice Inviting Tender) proposed to be constructed at G u r ga on Gurgaon) in Haryana. (Distt. The scope described hereunder is only indicative in nature and shall not be limited to the same: a) Review all the available reports, drawings, information, site details etc. and consider the same while planning of the work. b) Carry out an accurate instrumental survey and cover such areas as would be essential to establish a proper functional system including traffic management with temporary diversion/diversions. All survey shall be done by total stations. All survey and planning exercise has to be compatible with MXPRO, Eagle Point or equivalent software. All survey data shall be documented properly with reference to permanent bench marks. The survey would also include locating the permanent bench mark, transfer the same to the locations near the site for further reference, making of temporary bench marks, taking the levels in an appropriate grid covering the full area of Bridges/Road over Bridge, approaches etc. within appropriate land width on either side and submitting all the contour drawings, level books and plane table sheets in original. The survey data should such that establishment of suitable bridge alignment, approaches, etc. are feasible and should relate to total work. The entire survey drawings shall be made on CAD and shall be supplied in original in 6 hard copies and in CDs also. All survey instruments, Engineers, Labour, Temporary works, Tools and Plants and any other item required for survey work complete in all respects shall be arranged by the Design Consultant at his own cost. c) Details of Overhead/underground utility detection and proposed relocation, carryout detailed Geotechnical investigations to determine the properties of soil as required as per IRS/IRC/BIS codal provisions for designing the foundations of the bridges, approaches and other structure and prepare Detailed Geotechnical investigations reports as per latest IRS/IRC/BIS codal provisions. d) Carry out investigations as may be required for the purpose of formulation of an effective cross Drainage system and design the drainage system for both surface and subsurface. e) Preparation of Detailed General Arrangement Drawing (GAD) for each ROB/Bridge showing approach roads, bridges etc. The GAD should show its location across the railway lines along with approach and inter connecting approach roads. The planning as a whole should be functional and aesthetically appealing and complying with all requirements of Railways, State Govt., Local Authorities, IRC and MORT&H. The traffic bypass arrangement/diversion to be used during the construction period should also be marked and located on the plan. The Design Consultant shall submit six sets GADs, in hard as well as in soft copy (in CDs). The Design Consultant will also submit the proposed land acquisition plans. f) At the time of submission of GAD, the Design Consultant shall also submit preliminary engineering design and drawings for all items of works along with Bill of Quantities with calculations for all quantities, cost estimate, analysis of rates and detailed specifications for all the items of the work for invitation of tenders for fixing executing agencies. g) The Design Consultant shall get the approval of GAD from the Railway authorities. For this, the Design Consultant may have to visit the offices of the concerned Departments, for which nothing extra shall be paid. The Design Consultant shall also make necessary changes in the GADs based on any suggestions made by the approving Authorities without any extra cost. h) Based on the approved GAD, preliminary design, surveys and technical investigation, the Design Consultant shall prepare detailed layout plans approach roads, bridge etc., prepare detailed engineering design, calculations and drawings including detailed construction working items of works. The drawings shall be prepared on computer formats. in showing design drawings for all standard CAD The entire final approved designs and estimates shall be submitted duly signed in original in 6 copies along with CDs. i) The Design Consultant shall get the design and working/detailed drawings proof checked from any of the following institution/undertakings; a) The Indian Institutes of technology (IITs) Delhi or Bombay, IIT Roorkie. In exceptional circumstances, if the design cannot be got proof checked from the above institution/undertakings, the consultant shall submit a list of three proof consultants empanelled with the MORT&H for design of bridges/ROB to the Employer. The Employer would select the proof consultant out of this list and intimate the consultant, which shall be binding on him. Nothing extra is payable for getting the design proof checked and the cost is deemed to be included in lump sum cost quoted by the consultant. The Design Consultants shall also modify/revise the designs and drawings on the basis of changes/modifications suggested by the proof Design Consultant or Employer without any additional payment. j) Design Consultants must submit their plans with 3D, Auto CAD Drawings based upon the analysis with the required systems. Extensive three dimensional inference management, with low and high existing structures is required to be seen before finalizing any plans. k) The Design Consultant shall supply free of cost all drawings of appropriate size in sufficient copies as directed by the Engineer/Employer. l) The Design Consultant shall provide design support during construction stage including temporary works design, Girders launching schemes, diversions, checking of executing agencies scaffolding/shuttering etc. and all required modifications during construction as road arrangements desired by employer or as per requirement of site. m) Preparation of methodology detailed Girders and getting launching the same scheme approved from along with Railway complete or any other competent authority/department. n) The Design Consultant shall visit the site during the contract/construction without any extra cost, as directed by the Engineer in case of any period, problem relating to design/drawings. There will be no limit on number of necessary site visits of the Design Consultant and decision of the Engineer shall be final. o) The Design Consultant during the period of this assignment, and thereafter, till the satisfactory completion of the construction of the work, act as Design Consultant and give any advice regarding the construction of this work, in particular, to intending contractors who would tender and undertake the construction of this work. p) The Design Consultant shall be responsible for accuracy of the designs, drawings and construction drawings prepared by him as part of the project. q) The Design Consultant shall protect the Department against any damage or loss arising for want of such care and diligence or neglect of professional duty. To this effect, the Design Consultant shall indemnify the Department through a professional indemnity insurance policy with a nationalized insurance company for 10% of the total fee payable to him. A copy of the policy shall be deposited with the Engineer-in-Charge. r) The Design Consultant shall promptly notify the Engineer-in-Charge of any change in the Constitution of his firm. It shall be open to the Engineer-in-Charge to terminate the Agreement on the death, retirement, insanity or insolvency of any person being Director in the said firm, or on the addition or introduction of a new Director without the previous approval in writing of the Engineer-in-Charge. But until its termination by the Engineer-in-Charge as aforesaid, this agreement shall continue to be in full force and effect notwithstanding any changes in the constitution of the firm by death, retirement, insanity or insolvency of any of its Director or addition or introduction of any new Director. In case of death or retirement, the serving or remaining Directors of the firm shall be jointly and severally liable for the due and satisfactory performance of all the terms and conditions of the Agreement. s) The key personnel comprising the Design Consultants team for the work should be drawn from the permanent staff of the firm. These key personnel will be continuously associated with the design and drawings of this work from beginning to completion of the work. t) The Land Acquisition Paper U/S-IV & VI will be prepared by the Design Consultant himself. 2.0 DETAILS OF ROAD OVER BRIDGES/BRIDGES: Sr. Location Rough Estimated No. 1. Carrying out survey, Geotechnical investigation and preparation of GADs, BOQ, Detailed Designing, working drawings, Detailed Estimate including required Modifications during Construction of 2 Lane additional ROB Parallel to existing ROB Delhi Rewari Jaipur at Gurgaon on Railway line Km. 35/4-5 on X-ing Jhajjar road Gurgaon District. 3.0 GENERAL GUIDELINES FOR DESIGN OF BRIDGES/ ROBs: 3.1 The design shall be carried out in terms of specifications of latest editions (and upto date correction/amendment/errata) of IRS (Indian Railways Standards), IRC (Indian Road Congress) and ISI (Indian Standard Institution) now BIS (Bureau of Indian Standards) and as desired by the Client /Employer. 3.2 Vertical Clearance for future electrification (if not existing) shall be provided corresponding to OHE requirements or any future track re-profiling in vertical frame, as desired by Railway. 3.3 The girders may be of Precast pre-stressed concrete (Post tensioned), steel or composite or R.C.C. /PSC Beams/Slabs etc. depending upon the field conditions and economy. 3.4 3.5 End launching/crane erection of Girders from the approach road may be preferred. The approaches of the bridges may be Reinforced earth work or earth slopes or viaduct depending upon the site conditions and requirements of the Client. The decision of the Engineer-in-Charge shall be final in this regard. The Design Consultant shall provide alternatives with cost benefit analysis and full justification for the proposed alternatives. Being in Urban area and land constraints, design of viaduct will be preferred upto a suitable Height. 4.0 PERFORMANCE SECURITY 4.1 Performance Security: i. Within 14 days of issue of the Letter of Acceptance from the Employer/ Engineer, the successful tenderer shall furnish to Employer/Engineer a performance Security in the form of bank guarantee on the proforma annexed as Annexure-I from any scheduled Bank for an amount of 5% (Five percent) of the original Contract value. Alternatively, the performance security can be furnished by the Design Consultant in the form of Fixed Deposit Receipt (FDR) from a scheduled Bank endorsed in favour of the Employer. The bank guarantee/ FDR shall be operative till six months after proposed time limit of the work satisfactory. ii) No payment under the contract shall be made to the Design Consultant before receipt of performance security. iii) Failure of the successful tender to furnish the required performance security shall be a ground for the annulment of the award of the Contract. 4.2 Release of Performance Security: The whole of the Performance Security shall be liable to be forfeited by the Employer/ Engineer at the discretion of the Employer/Engineer, in the event of any breach of contract, on the part of the Design Consultant or if the Design Consultant fails to perform or observe any of the conditions of the contract. On due and faithful/satisfactory completion of the entire, the Performance Security shall be returned to the Consultant. 5.0 CONTRACT AGREEMENT: The Design Consultant shall enter into and execute the Contract agreement in the form of agreement (Annexure-II) within 30 days from the date of issue of Letter of Acceptance. The stamp papers of the requisite value as per the prevailing laws shall be provided by the Design Consultant at his own cost. Original agreement shall be retained by the Employer/Engineer and a certified copy shall be made available to the Consultant. 6.0 MOBILISAITON ADVANCE 6.1 Conditions for Payment : If requested by the Design Consultant in writing, the Employer/ Engineer shall make an interest bearing mobilization advance payment to the Design Consultant for an amount not more than 15 (Fifteen) percent of the contract value/price. The mobilization advance shall be paid exclusively for the costs of mobilization in respect of the Works. Payment of such advance shall be made after fulfilment of the following conditions to the satisfaction of the Engineer: i) Submission of Performance Security by the Design Consultant in accordance with Clause 4.1 of these Conditions. ii) Submission of an unconditional bank guarantee in the format annexed as AnnexureIII from a scheduled bank in India for an amount equivalent to the mobilization advance being paid. The Bank Guarantee may be split into not more than four separate Bank Guarantees & each having a minimum value of 2.5% of the original contract value. Such Bank Guarantee shall remain effective until the advance payment has been recovered from the Consultant. Bank Guarantee(s) for the amount recovered from the Design Consultant shall be released to the Design Consultant progressively. 6.2 Payment : After fulfilment of the pre-conditions as described in para 6.1 above, the mobilization advance shall be released to the Consultant. 6.3 Recovery : The recovery of mobilization advance shall commence from the Consultant’s on account bills after completion of Geotechnical investigation works at site and the full recovery shall be effected before completion of works for a value of 60% of the total contract value. The recovery schedule shall be made by the Engineer based on the payments made. 7.0 RATES TO BE ALL INCLUSIVE : 7.1 The rates/price to be quoted in financial bid shall be for the complete scope of work as described in the tender document. Any item of work included in the scope of work may not be exclusively described in the document. The price to be quoted in the Bid Form shall also take care of all such items of consultancy assignment. The price quoted should also be inclusive of all types of direct and indirect taxes imposed by Central/State Govt. and local bodies. However, any statutory variation in and/ or fresh imposition of such levies/ taxes relevant to this contract shall be reimbursed by the Employer after submission of documentary evidences by the Design Consultant and verification of the same by the Department. No price adjustment shall be applicable and the price as accepted shall remain firm and hold good till the completion of assignment/work in all respects. No additional claim or amount shall be admissible on account of any fluctuations in any market rates 7.2 Payment: The accepted contract price shall form the basis of payment to the consultant Payment shall only be made after submission of bill(s) by the Consultant. The payment shall generally be made within 15 days from the submission of the bill by the Consultant. However, no payment shall be made to the Design Consultant till such time Service tax registration certificate is submitted. Payment shall be made on proportionate basis in the following stages:S. Description. Payment (%age of No. 1 accepted cost of price On completion of detailed survey work of and 10 % of the fee submission of survey report and data Submitted to MCG. 2. On completion of geotechnical investigation and 10% of the fee submission of Report to MCG, 3. On submission of GADs, preliminary design 10% of the fee drawings, bill of quantities, estimate and specifications for all the items of work to MCG. 4. On approval of GADs from Railways, State 15% of the fee Govt., Local Authorities. 5. On approval of detailed working/ the drawings detailed design, 20% of the fee etc. by MCG, after proof checking for substructure and approaches and submission of the same. 6. On approval of the working/construction MCG after proof detailed design, detailed 10% of the fee drawings, etc. by Haryana checking for Super Structure and submission of the same. 7. On preparation of land acquisition papers 8. On modification of design, drawings 15% of the fee & 10% of the fee estimates during construction as per requirement at site and submission of the same as and when required by the employer/Engineer-in-Charge. 8.0 SCHEDULE FOR COMPLETION OF WORK: The Design Consultant shall carryout the work indicated at Sr. No. 1 to 6 in the above clause included in his scope of work very expeditiously within the following time schedule for the ROBs:S.No. Description of work. Period(in days) 1. Mobilization & completion on detailed survey D+7 work and submission of survey report and data 2. collected. Preparation & submission of geotechnical D + 20 investigation and submission of Report. 3. Preparation and submission to Department general D + 30 arrangement drawings (GAD), preliminary design and drawings, estimate including bill of quantities and general specifications required for floating of tenders etc. 4. Approval of GAD from Railways, State Govt., D + 40 5. Local Authorities etc. Approval of detailed design, working/construction D + 50 drawings from the Proof Consultant for substructure and approaches. 6. Approval of detailed design, working/construction drawings from the Proof Consultant D + 65 for superstructure. 7. 8. Preparation of land acquisition papers. D + 75 On modification of design, drawings & estimates during construction as per requirement at site and submission of the same as and Along with execution of work. when required ;by the employer/Engineer-in-Charge. D = Date of issue of Letter of Acceptance. 9.0 Schedule of modification during construction: Pursuant to Clause 1.0 (l) and Item No.7 of payment sub clause 7.2 hereinabove, the design consultant shall submit the modified design/drawing during construction period within 10 days from the date of receipt of such directions from employer. The design consultant shall provide all support for modification including site visits during entire completion period of the project by the construction agency including extended period if any. 10.0 DELAY AND EXTENSION OF CONTRACT PERIOD/ LIQUIDATED DAMAGES: 10.1 The time allowed for execution and completion of the works or part of the works as specified in the contract, shall be essence of the contract on the part of the Consultant. 10.2 As soon as it becomes apparent to the Consultant, that the work and/ or portions thereof (required to be completed earlier), cannot be completed within the period(s) stipulated in the contract, or the extended periods granted, he shall forthwith inform the Engineer and advise him of the reasons for the delay, as also the extra time required to complete the works and / or portions of work, together with justification therefore. In all such cases, whether the delay is attributable to the Design Consultant or not, the Design Consultant shall be bound to apply for extension well within the period of completion/ extended period of completion of the whole works and / or portions thereof. 10.3 Extension due to modifications If any modifications are ordered by the Engineer or site conditions actually encountered are such, that in the opinion on the Engineer the magnitude of the work has increased materially, then such extension of the stipulated date of completion may be granted, as shall appear to the Engineer to be reasonable. 10.4 Delays not due to Employer If the completion of the whole works (or part thereof which as per the contract is required to be completed earlier), is likely to be delayed on account of: a. Any force majeure event referred to in Clause 13.0 or b. Any relevant order of court or c. Any other event or occurrence which, according to the Engineer is not due to the Consultant’s failure or fault, and is beyond his control; the Engineer may grant such extensions of the completion period as in his opinion is reasonable. 10.5 Delays due to Employer/Engineer In the event of any failure or delay by the Employer / Engineer in fulfilling his obligations under the contract, then such failure or delay, shall in no way affect or vitiate the contract or alter the character thereof, or entitle the Design Consultant to damages or compensation thereof but in any such case, the Engineer shall grant such extension or extensions of time to complete the work, as in his opinion is/ are reasonable. 10.6 Delays due to Design Consultant and Liquidated Damages: If the delay in the completion of the whole works or a part of the works, beyond stipulated completion period, is due to the Consultant’s failure or fault, and the Engineer feels that the remaining works or the portion of works can be completed by the Design Consultant in a reasonable and acceptable short time, then, the Engineer may allow the Design Consultant extension or further extension of time, for completion, as he may decide, subject to the following: a. Without prejudice to any other right or remedy available to the Engineer, recover by way of liquidated damages and not as penalty, a sum equivalent to quarter of one percent (0.25%) of the contract value of the works, for each week or part thereof the Design Consultant is in default. b. The recovery on account of compensation for delay shall be limited to 5% of his contract value of the works, as the case may be. The recovery of such damages shall not relieve the Design Consultant from his obligation to complete the work or from any other obligation and liability under the contract. 10.7 Engineer’s decision on compensation payable being final The decision of the Engineer as to the compensation, if any payable by the Design Consultant under this clause shall be final and binding. 10.8 Time to continue to be treated as the essence of contract in spite of extension of time. It is an agreed terms of the contract that notwithstanding grant of extension of time under any of the sub-clauses mentioned herein, time shall continue to be treated as the essence of contract on the part of the Consultant. 11.0 TERMINATION OF CONTRACT DUE TO CONSULTANT’S DEFAULT 11.1 Conditions leading to termination of contract i.e. a. becomes bankrupt or insolvent, or, b. makes arrangements with or assignment in favour of his creditor, or agrees to carry If the Consultant out the contract under a committee of inspection of his creditors or c. being a company or corporation goes into liquidation by a resolution passed by the Board of Directors/ General Body of the share-holders or as a result of court order (other than voluntary liquidation for the purpose of amalgamation or reconstruction) or d. has execution levied on his goods or property or the works, or e. assigns or sublets the contract or any part thereof otherwise than as provided for under conditions of this contract, or f. g. abandons the contract, or persistently disregards instructions of the Engineer or contravenes any provisions of the contract, or h. fails to adhere to the agreed programme of work or fails to complete the works or parts of the works within the stipulated or extended period of completion, or is unlikely to complete the whole work or part thereof within time because of poor record of progress; or i. fails to take steps to employ competent and / or additions staff and labour, or j. promises, offers or gives any bribe, commission, gift or advantage, either himself or through his partners, agents or servants to any officer or employee of the Engineer or the Employer, or to any person on their behalf, in relation to obtaining or execution of this or any other contract with the Employer, or k. suppresses or gives wrong information while submitting the tender. In any such case, the Engineer on behalf of the Employer may serve the Design Consultant with a notice in writing to that effect and if the Design Consultant does not, within 7 days after delivery to him of such notice, proceed to make good his default in so far as the same is capable of being made good, and carry on the work or comply with such instructions as aforesaid to the entire satisfaction of the Engineer, the Employer shall be entitled after giving 48 hours notice in writing to terminate the contract, as a whole or in part or parts (as may be specified in such notice). ii. In such a case of termination, the Employer/Engineer may adopt the following course. Carry out the whole or part of the work from which the Design Consultant has been removed by engaging another Design Consultant or deployment of technical staff at site. 11.2 Entitlement of Employer/Engineer: In cases described in sub-clause 11.1 (ii) above, the Employer/ Engineer shall be entitled to: a. Forfeit the whole or such portion of the Performance security amount, as he may deem fit, and b. Recover from the Design Consultant the cost of carrying out the balance work in excess of the sum, which he would have been paid, according to the certificate of the Engineer, if the works had been carried out and completed by the Design Consultant under the terms of the contract. Such certificate shall be final and binding upon the Consultant. The amount to be recovered may be deducted by the Employer/ Engineer from any other moneys due to the Design Consultant alone or jointly under this or any other contract. 12.0 TERMINATION OF CONTRACT ON EMPLOYER/ ENGINEER’S ACCOUNT. The Employer/Engineer shall be entitled to terminate the contract, at any time, should, in the Employer/Engineer’s necessary, cause opinion, the cessation of works becomes owing to paucity of funds or due to court orders or from any other whatsoever. Notice in writing from the Employer/Engineer termination and reasons therefore, shall be conclusive evidence thereof. of such In case of termination of contract on Employer/Engineer’s account as described above, the claims of the Design Consultant towards expenditure incurred by him in the expectation of completing the whole works, shall be admitted and considered for payment as deemed reasonable and are supported by the documents/vouchers etc. to the satisfaction of Employer/Engineer. The decision of the Employer/Engineer on the necessity and propriety of such expenditure shall be final and conclusive. However, the Design Consultant shall have no claim to any payment of compensation or otherwise, on account of any profit or advantage which he might have derived from the execution of the work in full but which he could not in consequence of termination of contract under this clause. 13.0 13.1 FORCE MAJURE If, at any time during the currency of the contract, the performance of any obligation (in whole or in part) by the Employer or the Design Consultant shall be prevented or delayed by reason of any war, hostilities, invasion, acts of public or foreign enemies, rebellion, revolution, insurrection, civil commotion, sabotage, large scale arson, floods, earthquake or any other act of god, large scale epidemics, nuclear accidents, any other catastrophic unforeseeable circumstances, quarantine restrictions, any statutory, rules, regulations, orders or requisitions issued by a Government department or competent authority (hereinafter referred to as “event”) then, provided notice of the happening of such an event is given by either party to the other within 21 days of the occurrence thereof. a) Neither party by reason of such event be entitled to terminate the contract or have claim for damages against the other in respect of such non-performance or delay in performance. b) The obligations under the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist. c) If the performance in whole or part of any obligation under the contract is prevented or delayed by reason of the event beyond a period of 180 days, the contract may be fore closed with mutual consent by giving a notice of 30 days without any repercussions on either side. d) In case of doubt or dispute, whether a particular occurrence should be considered an “event” as defined under this clause, the decision of the Engineer shall be final and binding. e) Works that have already been measured shall be paid for by the Engineer even if the same is subsequently destroyed or damaged as a result of the event. The cost of any work that has been measured shall be borne by the Employer/Engineer. f) If the contract is fore-closed under this clause, the Design Consultant shall be paid fully for the work done under the contract, but not for any defective work or work done which has been destroyed or damaged before its measurement. 13.2 If no notice is issued by either party regarding the event within 21 days of occurrence, the said event shall be deemed not to have occurred and the contract will continue to have effect as such. 14.0 SETTLEMENT OF DISPUTES All disputes or differences of any kind whatsoever that may arise between the Employer/Engineer and the Design Consultant in connection with or arising out of the contract or subject matter thereof or the execution of works, whether during the progress of works or after their completion, whether before or after termination of contract shall be settled as under: - 14.1 Mutual Settlement All such disputes or differences shall in the first place be referred by the Design Consultant to the Employer in writing for resolving the same through mutual discussions, negotiations, deliberation etc. associating representatives from both the sides and concerted efforts shall be made for reaching amicable settlement of disputes or differences. 14.2 Conciliation/ Arbitration 14.2.1 It is a term not of this contract that Conciliation/Arbitration be commenced unless an attempt has first been made of disputes by the shall parties to settle such disputes through mutual settlement. 14.2.2 If the Design Consultant is not satisfied with the settlement by the Employer on any matter in question, disputes or differences, the Design Consultant may refer to the Employer in writing to settle such disputes or differences through conciliation or Arbitration provided that the demand for conciliation or Arbitration shall specify the matters, which are in question or subject of the claim, item wise. Only such dispute(s) or difference(s) in respect of which the demand has been made, together with counter claims of the Employer shall be referred to Conciliator or Arbitrator as the case may be and other matters shall not be included in the reference. 14.2.3 The Employer may himself act as Sole Conciliator/Sole Arbitrator or may at his option appoint another person as Sole Conciliator or Sole Arbitrator, as the case may be. In case, the employer decides to appoint a Sole Conciliator/Sole Arbitrator, then a panel of at least three names will be sent to the Consultant. Such persons may be working/ retired employees of the Employer of the rank of S.E. who had not been connected with the work. The Design Consultant shall suggest minimum two names out of this panel for appointment of Sole conciliator/Sole Arbitrator. The Employer will appoint Sole Conciliator/ Sole Arbitrator out of the names agreed by the Consultant. 14.2.4 In case, the Design Consultant opts for settlement of disputes through Conciliation at first stage and if the efforts to resolve all or any of the disputes thorough Conciliation fails, the Design Consultant may refer to the Employer for settlement of such disputes or differences through Arbitration. The appointment of Sole Arbitrator shall be done by the Employer as per the procedure described above. No disputes or differences shall be referred to Arbitration after expiry of 60 days from the date of notification of failure of Conciliation. 14.2.5 The Conciliation and/or Arbitration proceedings shall be governed by the provisions of the Indian Arbitration and Conciliation Act 1996 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force shall apply to the conciliation and arbitration proceedings under this clause. 14.2.6 The language of proceedings, documents or communications shall be in English and the award shall be made in English in writing. 14.2.7 The conciliation/arbitration proceedings shall be held at a place decided by conciliator/arbitrator. 14.2.8 The fees and other charges of the Conciliator/ Arbitrator shall be as per the scales fixed by the employer and shall be shared equally between the Employer and the Consultant. 14.3 Settlement through Court It is a term of this contract that the Design Consultant shall not approach any court of Law for settlement of such disputes or differences unless an attempt has first been made by the parties to settle such disputes or differences through clauses 14.1 and 14.2. 14.4 No suspension of work The Obligations of the Employer, the Engineer and the Design Consultant shall not be altered by reasons of conciliation/arbitration being conducted during the progress of works. Neither party shall be entitled to suspend the work on account of conciliation/ arbitration and payments to the Design Consultant shall continue to be made in terms of the contract. 14.5 Award to be binding on all parties The award of the Sole Arbitrator, unless challenged in court of law, shall be binding on all parties. 14.6 Exception: For settlement of disputes with central PSUs, the procedure as per existing orders of Permanent Machinery for Arbitration (PMA), Bureau of Public Enterprises, Govt. of India shall be followed. 14.7 JURISDICTION OF COURTS: Jurisdiction of courts for dispute resolution shall be at Gurgaon. SECTION - 4 TECHNICAL PROPOSAL FORMAT Section 4 Annexure-I Technical Proposal Format DETAILS OF THE ROBS FOR WHICH FEASIBILITY STUDY AND DPR WAS COMPLETED BY THE CONSULTANT DURING LAST FOUR YEARS AND THE ROBS WERE PHYSICALLY COMPLETED SR. NAME OF NO THE PROJECT SINGLE NAME, DURATION DATE OF PERFORMA TYPE OF LOCATI TOTAL TYPE OF ON OF PROJECT SPAN OF SERVICES ADDRES OF THE PHYSICAL NCE STRUCTURE OF THE THE COST FOR RENDERED S AND CONSULTI COMPLETI CERTIFICA APPROACHES ON OF THE TE/O F THE AND RAILWAY PROJECT WHICH RAILWAY (A, B, C) CONTAC NG CONSULTA BRIDGE CLIENT BRIDGE T NOS. ASSIGNME PROJECT A– SURVEY, B – GEOTECHNICAL INVESTIGATIONS, C- DETAILED DESIGN AND DRAWINGS, ESTIMATES, GADs, BOQ etc. Note : 1. Give details of relevant projects only, which have been physically completed and commissioned. 2. Submit performance certificates from Client in respect of the information furnished above. Signauter of Tenderer Executive Engineer-v SECTION - 5 FINANCIAL BID FORMAT SECTION 5 FINANCIAL BID From To Executive Engineer-V Municipal Corporation Gurgaon. Sir, 1. I/we have examined the conditions of contract, instructions to tenderers and other contents of the documents and have acquainted ourselves with the prevailing site conditions. The offer to carry out the work of Survey, Geotechnical Investigation, Preparation Designing, Working of GADs, Bill of Quantities, Detailed Drawings, Detailed Estimate including required modifications during……………………………………………………………… (in as given in Notice Inviting Tender at a lumpsum price of Rs. figures and words) including all taxes and servicetax. 2. We further agree to the schedule of payment in respect of the contract price accepted by you as given in the payment schedule under sub clause 7.2 of the conditions of contract. 3. We agree to abide by this tender until the date mentioned in the contract documents and it shall remain binding upon us and may be accepted at any time before that date. the tender and we We have already submitted earnest money with bind ourselves that it is to be absolutely forfeited by you, without prejudice to any other rights or remedies in the Conditions of Contract attached should we fail to commence the work specified, withdraw the offer until the validity of the Tender, fail to furnish performance guarantee or sign the contract in accordance with the terms of the tender. 4. We understand that until a formal agreement is prepared and executed, the letter of acceptance issued by you shall constitute a binding contract between us. 5. We and understand that cost of preparation of this tender other investigation carried out and of maintaining the Earnest Money with you is to our account. We also understand that you are not bound to accept the lowest or any bid you may receive. Yours faithfully, (Signature of the bidder with seal) SECTION - 6 FORM OF SECURITIES AND AGREEMENT ANNEXURE- I PERFORMANCE BANK GUARANTEE (UNCONDITIONAL) To Commissioner, Municipal Corporation Gurgaon, (Acting through (Name & address) WHEREAS (name and address of consultant) Wherein after called “ the Consultant”) has undertaken in pursuance of contract dated No. 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 Design Consultant shall furnish you with a Bank Guarantee by a scheduled 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 Design Consultant such a Bank Guarantee. NOW THEREFORE we hereby affirm that we are to Guarantor and responsible to you, on behalf of the Consultant, upto a total of (amount of Guarantee), (amount 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, and 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 Design Consultant 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 Design Consultant shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification. This guarantee shall be valid ( a date 28 days from the date upto completion of the work) of SIGNATURE AND SEAL OF THE GUARANTOR Name of Bank Address: Date ANNEXURE- II AFFIDAVIT I _________________________________ S/O Sh._______________________________ Resident of ___________________________________________________ Section ________________________District __________________________________ contractor/partner/share holders (strike out which is not applicable) (firm or contractor) do hereby solemnly declare as under:1. That the person/firms black listed by MUNICIPAL CORPORATION, GURGAON/Haryana Government/Government of India from time to time never had any connection and interest in my business. 2. That the above said contractor/persons/firms do not have any substituting in my business and 3. That the said persons/firms are not employees of my firm and are not in any way connected with mybusiness DEPONENT WITNESS DATED: I do hereby solemnly declare that affirm that the above declaration is true and correct to the best of my knowledge and belief. No part of it is false and nothing has been concealed. DEPONENT WITNESS DATED: _____________ ANNEXURE-III BANK GUARANTEE FOR ADVANCE PAYMENT To Commissioner, Municipal Corporation Gurgaon (Acting through (Name of Project In charge & address) In accordance with the provisions of the conditions of contract, Sub-Clause (“Advance Payment”) of the above mentioned (name and contract, address of the Consultant) (hereinafter called “ the consultant”) shall deposit with (name of employer) a bank guarantee to guarantee his proper and faithful performance under the said clause of the Contract in an amount of (amount of Guarantee) _ (amount in works) We, the (Name of bank), as instructed by the Consultant, agree unconditionally and irrevocably to guarantee an primary obligator and not as Surety merely, the payment to Municipal Corporation Gurgaon on their first demand without whatsoever right of objection on our part and without his first claim to the Consultant, in the amount not exceeding (amount of Guarantee) (amount in works). We further agree that no change or addition to or other modification of the terms of the Contract or of works to be performed there under or of any of the Contract documents which may be made between Municipal Corporation Gurgaon International Limited and the Consultant, shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition, or modification. This guarantee shall remain valid and in full effect from the date of the advance payment under the Contract upto (until Municipal Corporation Gurgaon receives/recovers full repayment of advance along with interest accrued thereon from the Consultant). Yours truly, SIGNATURE AND SEAL OF THE GUARANTOR Name of Bank Address: Date
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