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