PWD-7

GOVERNMENT OF NCT OF DELHI

IRRIGATION & FLOOD CONTROL DEPARTMENT

STATE: DELHI CIRCLE: FLOOD CIRCLE – I

BRANCH: I&FC DIVISION: CIVIL DIVISION:-IV
ZONE: I SUB DIVISION 2

PERCENTAGE RATE TENDER & CONTRACT FOR WORKS

NOW:- Annual rate contract for Empanelment of Agencies for deployment of Various
Machines, i.e., Pocklain Machine, JCB, Tractor Trolley and Diesel Truck for various
worksUnder Flood Circle – I, Irrigation and Flood Control Department, GNCTD.

(i) To be submitted online by 15.00 hours on 26.02.2024 to Executive Engineer, Civil Division-IV
through e-procurement portal.

(ii) Technical bids to be opened online at 15.30 Hours on 26.02.2024 and financial bids to be opened
online at 15.30 Hours on 26.02.2024 in the office of the Executive Engineer, Civil Division-IV,
through e-procurement portal.

Executive Engineer: CD-IV

I/We have read and examined the notice inviting tender, schedule, A, B, C, D, E & F.
Specifications applicable, Drawings & Designs, General Rules and Directions, Conditions of
Contract, clauses of contract, Special conditions, Schedule of Rate & other documents and
Rules referred to in the conditions of contract and all other contents in the tender document for
the work.

I/We hereby tender for the execution of the work specified for the President of India within the
time specified in Schedule 'F' viz.; schedule of quantities and in accordance in all respects with
the specifications, designs, drawings and instructions in writing referred to in Rule - 1 of
General Rules and Directions and in Clause 11 of the Conditions of contract and with such
materials as are provided for, by, and in respect in accordance with, such conditions so far as
applicable.
I/We agree to keep the tender open for 30 days from the due date of its opening in case of
single bid system……….. from the date of opening of technical bid in case tenders are invited
on 2/3bid/system for specialized work and not to make any modification in its terms and
conditions.
I/We have deposited EMD for the prescribed amount in the office of concerned
Executive Engineer as per the bid documents

A copy of earnest money in receipt of prescribed amount deposited in the form of

Account Payee Demand Draft, Fixed Deposit Receipt, Banker’s Cheque (as prescribed)
issued by a Commercial Bank,is scanned and uploaded (strike out as the case may be).If I/we,
fail to furnish the prescribed performance guarantee within prescribed period, I/we agree that
the said President of India or his successors in office shall without prejudice to any other right or
remedy, be at liberty to forfeit the said earnest money absolutely. Further, if I/we fail to
commence work as specified, I/we agree that President of India or his successors in office shall
without prejudice to any other right or remedy available in law, be at liberty to forfeit the said
earnest money and the performance guarantee absolutely. The said Performance Guarantee
shall be a guarantee to execute all the work referred to in the tender documents upon the terms
and conditions contained or referred to those in excess of that limit at the rates to be
determined in accordance with the provisions contained in Clause 12.2 and 12.3 of the tender
form.

Further,l/We agree that in case of forfeiture of Earnest money or Performance Guarantee as

aforesaid , I/we shall be debarred for participation in the re-tendering process of the work.

I/We undertake and confirm that eligible similar work(s) has/have not been got executed
through another contractor on back to back basis. Further that, if such a violation comes to the
notice of Department, then I/We shall be debarred for tendering in I&FC Department in future
forever. Also, if such a violation comes to the notice of Department before date of start of work,
the Engineer-in-charge shall be free to forfeit the entire amount of Earnest Money
Deposit/Performance Guarantee.

I/We hereby/declare that I/We shall treat the tender documents drawings and other records
connected with the work as secret/confidential documents and shall not communicate
information/derived there from to any person other than a person to whom I/We am/are
authorized to communicate the some or use the information in any manner prejudicial to the
safety & integrity of the State.
Dated Signature of Contractor *
Witness:* Postal Address*

Address: *
Occupation:*

 To be submitted by the contractor online

ACCEPTANCE
The above tender (as modified by you as provided in the letters mentioned hereunder) is
accepted by me for and on behalf of the President of India for a sum of `.______**
(`._____________________________________________________________**).
The letters referred to below shall form part of this contract Agreement: -
a) **
b)**
c)**

Dated:- For & on behalf of the President of India.

Signature.............................................**
Designation.......................……………..

Executive Engineer,
Civil Division -IV.
I&FC Deptt., Govt. of Delhi,
L.M. Bund Office Complex,
Delhi – 110 031.

** To be filled in by the Executive Engineer

 SCHEDULES
SCHEDULE 'A'
Schedule of quantities (as per PWD-3) --------Attached--------

SCHEDULE 'D'
Extra schedule for specific requirements/documents for the work, if any.
-------------------------Nil--------------------------

SCHEDULE 'E'
Reference to General conditions of contract 2023 incorporating amendments up to date of
opening of tender

Now:- Annual rate contract for Empanelment of Agencies for deployment of Various
Machines, i.e., Pocklain Machine, JCB, Tractor Trolley and Diesel Truck for various
worksUnder Flood Circle – I, Irrigation and Flood Control Department, GNCTD.

Estimated cost of work: Rs 65,83,042/-

i) Earnest money: R 1,31,661/-
ii) Performance Guarantee 5% of tender value
iii) Security Deposit 2.5% of tender value
SCHEDULE 'F'
GENERAL RULES & DIRECTIONS:
Officer Inviting tender Executive Engineer Civil Division-IV
Maximum percentage for quantity of items of see below
work to be executed beyond which rates are to
be determined in accordance with Clauses
12.2 & 12.3,
Definitions:
2 (v) Engineer-in-Charge Executive Engineer, CD-IV,
2 (viii) Accepting Authority SE FC-I
2 (x) Percentage on cost of materials and 15%
Labour to cover all overheads and
profits,
2 (xi) Standard Schedule of Rates for Market Rate /DSR Rate 2016
earth work only
2 (xii) Department I&FC Department GNCTD

9 (ii) Standard PWD contract Form GCC Date of opening of tender

2014,PWD From 7 as modified & corrected upto
05.12.2019

Clause 1
i) (a) Time allowed for submission of Performance 07(Seven)
Guarantee from the date of issue of letter of
acceptance.
ii) Maximum allowable extension with late fee@ 0.1% per 07(Seven)
day of Performance Guarantee amount beyond the
period provided in (i) above…….

Clause 2
Authority for fixing compensation under clause SE FC-I
2.
Clause 2A
Whether Clause 2A shall be applicable No
Clause 5
Number of days from the date of issue of 14 (fourteen)Days
Letter of acceptance for reckoning date of start
Mile stone(s) as per table given below:-
S. Description of Time allowed in days (from Amount to be withheld in case of non-
No Milestone date of start) achievement of milestone.
. (Physical)
1 1/8th of whole 1/8th of whole work 1% of tendered value
work
2 1/4th of whole 1/4th of whole work 1% of tendered value
work
3 1/2th of whole 1/2th of whole work 1% of tendered value
work
4 3/4th of whole 3/4th of whole work 1% of tendered value
work
5 4/4th of whole 4/4th of whole work 1% of tendered value
work
27 365(Three hundred Sixty Five )Days
AUTHORITY TO DECIDE:
(i) Extension of time EE CD-IV (Engineer in charge or Engineer in charge of Major Component
in case of composite contracts ,as the case may be)
(ii) Rescheduling of mile stones SE FC-I (Superintending Engineer in Charge or Superintending
Engineer in charge of major Component in case of composite contracts, as the case may be)
(iii) Shifting of date of start in case of delay in handing over of site SE FC-I (Superintending
Engineer in charge or superintending Engineer in charge of major component in case of
composite contracts, as the case may be)

PERFORMA OF SCHEDULES Clause 5 Schedule of handing over of site

Part Portion of site Description Time period for handing
over reckoned from
date of issue of letter of
intent.
PART A Portion without any Whole work is Immediately
hindrance hindrance free
PART B Portions with
encumbrances
PART C Portions dependent on
work of other agencies
Clause 6
Computerized Measure Book (CMB)
(i) Mode of Measurement :CMB
(Note:-One option to be kept by NIT approving authority.

Clause 7
Gross work to be done together with net payment/adjustment Rs. 1/8 of tendered value
of advances for material collected, if any, since the last such
payment for being eligible to interim payment.
Clause 7A
Whether clause 7A shall be applicable Yes
Clause 8A
Authority to decide compensation on account if contractor fails to submit completion plans EE CD-IV
Clause 10A
List of testing equipments to be provided by the contractor at site lab
All testing equipment required conducting test as per CPWD specifications for execution
of work

Clause 10 B(ii)
Whether Clause 10B(ii) shall be applicable No

Clause 10C: Component of labour expressed as percent of value of work…NIL ….)%.

Clause 10CA Applicable /Not Applicable
Authority to issue base price of materials
Materials covered under this Nearest material for which All Base price of all the
clause India Wholesale Price Index materials covered under
is to be followed. clause 10 CA*

*Includes Cement component used in RMC brought at site from outside approved RMC plants, if any.
** Base price and its corresponding period of all the materials covered under clause 10CA is to be
mentioned at the time of approval of NIT. In case of recall of tenders, the base price may be modified by
adopting latest base price and its corresponding period.

Clause 11
Specifications to be followed for CPWD Specifications 2009 Vol. I to II 2009.
execution of work
Clause 12
authority to decide deviation up to 1.5 times of tendered amount EE (CD-IV) /SE (FC-I)/CE Zone-I)I&FC
Deptt.

12.2 & 12.3 Deviation limit beyond which clauses 12.2 & 12.3
shall apply for building works NA
12.5 (i) Deviation limit beyond which clauses 12.2 & 12.3
shall apply for foundation works (except items NA
mentioned in earth work sub head in DSR and
related items
12.5 (ii) Deviation limit for items mentioned in earth work sub NA
head of DSR and related items
Competent Authority for Deciding reduced rates SE FC-I
Clause 16

Clause 18
List of mandatory machinery, tools & plants to be deployed by the contractor at site
All plants machinery and other equipment for execution of work confirming to
specifications

Clause 19C …………………. authority to decide penalty for each default

Clause 19D ………………… authority to decide penalty for each default

Clause 19G …………….. authority to decide penalty for each default

 Clause 19K ……………… authority to decide penalty for each default

Clause 25
Constitution of Dispute Redressal Committee (DRC)
Chairman
Member As per provision of CPWD works manual 2022 and SOP CPWD works manual-22 .
Member
Clause 32 Requirement of Technical Representative (s) and recovery Rate
Sl Minimum Designation (Principal Rate at which recovery shall be

Experience
No. Qualification of Technical /Technical made from the contractor in the
Discipline

Minimum

Number
Technical representative) event of not fulfilling provision of
Representative. clause 36(i)

…NA….

Assistant Engineers retired from Government services that are holding diploma will be treated at par
with Graduate Engineers.
Diploma holder with minimum 10 year relevant experience with a reputed construction co. can be
treated as par with Graduate Engineers for the purpose of such deployment subject to the condition that
such diploma holders should not exceed 50% of requirement of degree engineers.

clause 38i) a) Schedule/statement for determining theoretical

quantity of cement & bitumen on the basis of
Delhi Schedule of Rates 2016 printed by
C.P.W.D.
ii) Variations permissible on theoretical
Quantities.
a) Cement for works with estimated cost put to 3% plus/minus
tender not more than Rs.5 Lakhs.
For works with estimated cost put to tender more
than Rs. 5 lakhs. 2% plus/minus

b) Bitumen all works. 2.5% plus only & nil on

minus side.
c) Steel Reinforcement and structural steel sections
for each diameter, section and category 2% plus/minus
d) All other materials Nil
 OFFICE OF THE EXECUTIVE ENGINEER: CIVIL DIVISION
DIVISION-IV
IRRIGATION AND FLOOD CONTROL DEPTT.,
GOVT. OF NCT OF DELHI,
L. M. BUND OFFICE COMPLEX, SHASTRI NAGAR,
DELHI -110031Ph.
110031Ph.-011-21210859 Email : ifccdiv@gmail.com

SCHEDULE OF QUANTITIES
Estimated Cost :-
: Rs. 6583042.00
Earnest Money :-
: Rs. 131661.00
Time Allowed :-
: 365 Days
Name of Work:- Annual rate contract for Empanelment of Agencies for deployment of Various Machines, i.e.,
Pocklain Machine, JCB, Tractor Trolley and Diesel Truck for various worksUnder Flood Circle – I,
Irrigation and Flood Control Department, GNCTD.

SL.No. DESCRIPTION OF ITEM QTY. UNIT RATE AMOUNT

1 Hire and running charges of 15.00m to 17.00m long boom 1488.00 Per 2942.00 4377696.00
Pocklain machine in or under works and in foul condition Hour
including cost of to and fro charges, chowkidar, fuel, lubricant,
operator, movement of machine from site to site of work as per
direction of Engineer
Engineer-In-Charge.
2 Hire and running charges of JCB Machine in or under water and 1488.00 Per 988.05 1470218.00
in foul condition including cost of to and from charges, Hour
chowkidar, fuel, lubricant, operator, movement of machine from
site to site of work as per direction of Engineer
Engineer-In-Charge.
3 Hire and running charges of Tractor with Trolley including cost of 186.00 Per 1520.15 282748.00
to and fro charges, chowkidar, fuel, lubricant, operator, Day
movement of machine from site to site of work as per direction
of Engineer-In-Charge.
Charge.
4 Hire and running charges of Diesel Truck (minimum 9 tonne 186.00 Per 2432.15 452380.00
capacity) including cost of to and fro charges, chowkidar, fuel, Day
lubricant, operator, movement of machine from site to site of
work as per direction of Engineer
Engineer-In-Charge.
Total 6583042.00
Note: - The percentage rate quoted by the agency shall be inclusive of G.S.T., Service Tax and all other taxes etc. as
applicable.

ASSISTANT ENGINEER: II EXECUTIVE ENGINEER: CDIV

 OFFICE OF THE EXECUTIVE ENGINEER: CIVIL DIVISION-IV
DIVISION
IRRIGATION AND FLOOD CONTROL DEPTT.,
GOVT. OF NCT OF DELHI,
L. M. BUND OFFICE COMPLEX, SHASTRI NAGAR,
DELHI -110031Ph.
110031Ph.-011-21210859
21210859 Email : ifccdiv@gmail.com

GENERAL SPECIFICATIONS AND SPECIAL CONDITIONS:

Name of Work: - Annual Rate contract for Empanelment of Agencies for deployment of
Various Machines, i.e., Pocklain Machine, JCB, Tractor Trolley and Diesel
Truck for various Works under Flood Circle – I, Irrigation and Flood
Control Department, GNCTD.

Scope of Work: The work under this contract shall generally consist of “Annual Rate Contract
for Empanelment of Agencies for deployment of Various Machines, i.e.,
Pocklain Machine, JCB, Tra Tractor
ctor Trolley and Diesel Truck for various
Works under Flood Circle – I, Irrigation and Flood Control Department,
GNCTD” along with operator, fuel, watch & ward etc., etc.,on
on hire basis as per
prevailing site conditions as and when required as per direction of Engineer In-
In
charge. The work will be carried out as per nomenclature of relevant items of
schedule of quantities and directions of Engineer
Engineer-in-charge.
charge. The details of the
t
drains covered under FC FC-1 where machinery i.e. Pocklain Machine, JCB,
Tractor Trolley and Diesel Truck to be deployed are as under: -

S.NO. NAME OF DRAIN LENGTH OF DRAINS

1 BUND DRAIN RD 0M TO RD 3450M
2 BIHARIPUR DRAIN RD 0M TO RD 1000M
3 KARAWAL NAGAR DRAIN RD 0M TO RD 2480M
4 ESCAPE DRAIN NO. I RD 0M TO RD 2975M
5 ESCAPE DRAIN NO. II RD 0M TO RD 450M
6 RELIEF DRAIN RD 0M TO RD 2180M
7 TRUNK DRAIN NO. I RD 5260M TO RD 13387M
8 TRUNK DRAIN NO. I RD 0M to RD 5260M
9 TRUNK DRAIN NO. II RD 0M TO RD 4550M
10 GHAZIPUR DRAIN RD 0M TO RD 6150M
11 SHAHDARA OUTFALL DRAIN RD 0M TO RD 5900M
12 SHAHDARA LINK DRAIN RD 0M TO RD 4545M
13 BARAPULLAH DRAIN RD 0M TO RD 4225M
14 JAHANGIRPURI DRAIN RD 0M TO RD 5470M

In addition to the above the machinery as per schedule of quantity may also be
deployed at any other location as per direction of Engineer
Engineer-in-Charge.

GENERAL SPECIFICATIONS:

1. Unless otherwise specified the work shall be carried out in accordance with the printed CPWD
specifications 2019 (Vol. I & II) for works at Delhi with up
up-to-date
date correction slips. In the event of
any dispute the following shall be order of priority to decide the issue: -
 i) Nomenclature of the quoted percentage rate read with the general specifications and special
conditions.
ii) General specifications and special conditions of the contract.
iii) CPWD specifications 2019 (Vol. I & II) for works at Delhi with correction slips issued till the
date of opening of tenders.
iv) IRC and BIS specifications.
v) Instructions of the Engineer-in-charge.
vi) DSR 2016/Market Rate.
vii) CPWD works manual 2022

GENERAL CONDITIONS:

2. Before tendering the percentage rates, the contractor shall inspect the site of work and acquaint
himself about the site conditions, with regards to its difficult accessibility and space restriction. No
claim what so ever shall be entertained by the Department/Govt. due to any such difficult site
conditions over and above the percentage rates quoted by the contractor against different items of
work given in the Schedule of Quantities of the tender. The quoted percentage rate shall be
inclusive for all the working conditions like carriage of material top construction site including its
re-handling working in foul condition & nothing extra shall be paid on this account. The contractor
shall not be entitled for any additional rate beyond his quoted percentage rate.

3. The work in contract may exist under unhygienic conditions. Therefore, the contractor will not
consider any additional demand due to the unhygienic conditions or any other circumstances
beyond the quoted percentage rates.

4. The contractor shall at all times, provide and install sufficient warning signs, lighting
arrangements, required protective barricading, notice boards, night watchman etc. to protect and
warn the public, about the work being executed to avoid any accident(s) at site. However, if any
mishap/accident occurs at site, either in absence of officials/contractor/authorized person by
contractor or shortage of any such arrangement or for any other reason whatsoever, the
contractor shall be solely responsible to pay compensation to the victims and to face all other
legal/criminal consequences. The departmental officials shall not be responsible in any way for
the same and nothing extra shall be paid to the contractor on this account beyond his quoted
percentage rate.

5. The contractor must take adequate precautions to safeguard the executed work against rains,
earthquake, riots, accidents and other natural calamities etc. The Departmental Officers/officials
shall in no way be responsible for any loss occurring due to such causes until the completed work
has been handed over to the Department.

6. The work executed under this contract shall be subjected to inspections carried out by
departmental officers and the Chief Technical Examiner’s Organizations. Any defects regarding
workmanship or quality of material used as pointed out during or after completion of work by
Technical Examiner’s or by Departmental Officers, the same shall have to be rectified by the
contractor at his own cost and in case the contractor fails to do so, it shall be got rectified through
any other agency, or by the department. Any recoveries pointed out by the C.T.E Organization or
by Departmental officers during or after the completion of the work shall have to be made good
 from running account bills or any other amount standing due / payable to the contractor against
this work or any other work executed by him in I&FC Deptt. or outside the Deptt. The decision of
the Engineer – In- Charge regarding workmanship and recovery on account of defective work or
below specifications, shall be final and binding on the contractor.

7. The work being under the technical control of Chief Engineer (I&F), Govt. of NCT of Delhi and the
word of C.P.W.D. or its officers wherever it occurs in the tender form, shall be construed to mean
the “IRRIGATION AND FLOOD CONTROL DEPARTMENT”, GOVT. OF DELHIor its officers,
except in the case of clauses involving specifications, Schedule of rates and working conditions of
labour and material.

8. The contractor shall take all adequate safety measures to ensure the safety of all the workmen. It
shall be the responsibility of the contractor to provide all safety equipment such as gumboots,
safety helmets, slings, gloves, masks, oxygen cylinder, live jackets etc to all the workmen to avoid
any mishapening at site during execution of work. The contractor shall be held solely responsible
in case of any mishapening at site.

9. All challans/Fine/ Penalty imposed by any authorities or by any other statutory body for violation of
the environment law and order, shall have to be borne by the contractor for which no payment/
reimbursement shall be made.

10. The percentage rate quoted by the contractor shall be inclusive of royalty, octroi, taxes, carriage,
leads and lifts and all inputs involved for satisfactory execution of work including GST No, extra
payment on this account of any unforeseen contingency shall be payable beyond the percentage
quoted by him in this tender. Further in compliance to direction of Labour Department, Govt. of
NCT of Delhi one percent (1%) labourcess of the amount of the cost approved shall be deducted
from the contractor bill at the time of payment. Further necessary deductions shall be made of
Income Tax, Sales Tax (GST) or other taxes as notified by the Govt. from time to time.

11. The contractor shall have to make his own arrangement for filtered and unfiltered water both for
labour and for execution of work at his own cost for which nothing extra shall be payable beyond
his quoted/tendered percentage rates.

12. Display Notice Board of size 1.20 m x 0.90 m is to be installed at site of work at a height of 1.5m
above Ground Level or as directed by the Engineer-In- Charge and a photograph of same shall be
given in the office before start of work, indicating the Name of work, Agency, Deptt., stipulated
date of start and stipulated date of completion. No extra payment shall be made on this account.

13. The contractor shall have to make approaches to the site of work if required and keep them in
good condition for transportation of labour and materials as well as for inspection of work by the
Engineer-in-charge.

14. The contractor shall at all time, carry out work in such a manner so as, not to create interference
in the flow of traffic as well as not to interfere or affect or disturb other works being executed by
other agency, if any. All arrangement for diversion of traffic and maintenance thereof during the
period of execution of work will be done by the contractor. This shall be considered as incidental
 to the work as contractor’s responsibility and nothing extra shall be payable to him on this
account.

15. Any damage done by the contractor to the existing work shall be made good by him at his own
cost, and nothing extra shall be paid on this account.

16. During execution of work, care should be taken to avoid any accident on account of underground
/ overhead wire, cable passing through the area, working in foul condition, flowing water or any
mishappening etc. The Department shall not be responsible for any compensation. The
contractor shall quote his percentage rates accordingly and no request on these accounts shall
be entertained at later stage. Moreover, the contractor shall ensure that no damage is caused to
the existing structures and if any mishap or damage occurs due to work, the entire responsibility
including criminal prosecution or enforced liability due to legal action thereof, shall rest with the
contractor. The tenderer shall be deemed to have carefully examined, the conditions of contract
and specifications of the work and all other documents comprising the tender before tendering
the percentage rates for satisfactory execution of this works.

17. If the scope of work at any stage during the execution is amended under the relevant clauses of
the tender documents, the additional work shall have to be carried out as per CPWD
specifications 2019, Vol. I & II.

18. No compensation shall be payable to the contractor for his staff and labour remaining idle during
any kind of hindrances in the work or stoppage of work or delay caused during the progress of
the work due to any reason whatsoever.

19. If any mishappening occurs at site during execution of work, the contractor shall be solely
responsible for the same.

20. The contractor shall store all materials in proper manner so as to avoid contamination and
deterioration. The place where materials are stored by the contractor if required, by the Engineer-
in-charge for any other purposes shall have to be cleared by the contractor within time period
fixed by the Engineer-in-charge.

21. Labour Laws: It shall be responsibility of the contractor to follow clause 19 and its sub-clauses
during the execution of the work under this contract at all times.

22. Safety Code: It shall be responsibility of the contractor to follow Safety Code as per General
Condition of Contract and take all safety measures & precautions to prevent any accident /
mishap at site during the execution of work by providing all safety equipment’s to the workmen. In
case of any accident at site, the contractor shall be directly held the responsible for the same.

23. In case the Machinery is sitting idle at site, nothing shall be payable to the contractor for the same
only running hours of machinery shall be computed for the payment purpose.

24. The logbook for each machine shall be maintained by the contractor. The entry of running hours
only to be maintained in the log book. The log book shall be verified by the concerned Junior
engineer of particular site and other officers from time to time.

25. The contractor shall submit good quality photographs and video graphs with DSLR camera for
work before execution, during execution & after execution.Photographs shall be taken from the
same spot before and after execution of work.
26. It will be the responsibility of the contractor to ensure that no mosquito breeding at site take
place, in case any mosquito breeding is found at the site, penalty deem fit, shall be imposed on
the contractor.

27. Prohibition of employment as manual scavengers and their rehabilitation act- 2013:-During
execution of work, the contractor shall be bound to comply with prohibition of employment as
manual scavengers and their rehabilitation act- 2013. The contractor shall also be bound to
provide necessary safety equipment to the workers for which nothing extra shall be payable
beyond his quoted percentage rate. The contractor shall be fully responsible for any incident if
occurs at site. In case any casualty/incident takes place at site of work, he shall be bound to pay
compensation or to face all civil /criminal proceedings. Department officers in no way shall be
responsible for the same.

28. The special conditions to comply the directives of Hon’ble NGT and issued vide O.M. No.
DG/SE/CM/CIN/Misc./02 shall also form the part of this contract and shall have to be strictly
adhered by the contractor during execution of work for which no extra payment shall be
admissible. The contractor shall take all measures to prevent dust pollution arises from
construction material. The contractor shall also be responsible to pay the challans/penalty if
imposed by Hon`ble NGT or any other related agency for which nothing shall be paid beyond his
quoted percentage (minus or plus) rates.

29. PREVENTION OF NUISANCE AND POLLUTION CONTROL:

The contractor shall take all necessary precautions to prevent any nuisance or inconvenience to
the owners, tenants or occupiers of adjacent properties and to the public in general and to
prevent any damage to such properties from pollutants like smoke, dust, noise. The contractor
shall use such methodology and equipment so as to cause minimum environmental pollution of
any kind during and minimum hindrance to road users and to occupants of the adjacent
properties or other services running adjacent/near vicinity. The contractor shall make good at his
cost and to the satisfaction of the Engineer-in-Charge, any damage to roads, paths, cross
drainage works or public or private property whatsoever caused due to the execution of the work
or by traffic brought thereon by the contractor. All waste or superfluous materials shall be carried
away by the contractor, without any reservation, entirely to the satisfaction of the Engineer-in-
Charge. Control on Air Pollution of dust from construction and demolition activities: Guidelines of
National Green Tribunal and DPCC, Delhi issued time to time shall be followed by the agency for
which nothing extra shall be paid.

30. Utmost care shall be taken to keep the noise level to the barest minimum so that no disturbance
as far as possible is caused to the nearby occupants/users of building(s), if any.

31. Anti-Malaria Condition: - All Anti Malaria precautions shall be taken by the agency at work site
as well as at labour huts otherwise penalty as deemed fit shall be imposed on the agency.

SPECIAL CONDITIONS: -

Selection of Agencies: -

32. The tender has been floated to form a panel of five (05) contractors who shall be responsible to
deploy machinery of various capacities as per the requirement and direction of the Engineer-in-
Charge under the jurisdiction of Civil Division No-IV.
33. The panel shall consist of only those bidders who shall give their consent in writing within 3 days
from the date of opening of financial bid that they are ready to execute the work on the rate
quoted by the L1 bidder.

34. The rates quoted by first lowest tenderer, if beyond acceptable limit, shall be brought down to an
acceptable level through negotiations.

35. All the other tenderers shall be given a counter offer to reduce their rates to the rates quoted (or
negotiated rates) by first lowest tenderer.

36. The quoted/ negotiated rates by 1st lowest tenderer will be intimated to other tender for giving
counter offer to reduce their rates to the rates quoted (or negotiated rates) by 1st lowest tenderer.

37. A maximum of five agencies shall be selected among the agencies who agree to reduce their
rates to the level of first lowest tenderer. In case the number of agencies who agree to do the
work at rate of first lowest tenderer are more than five then the agencies shall be selected in the
order of first lowest, second lowest; third lowest and so on till five agencies are available.

38. As and when requisition of a set of works/jobs is received, the same shall be assigned to one of
the short-listed agencies by Executive engineer concern starting from original L1 on a work order
slip. The subsequent work shall be assigned to different agencies on rotation basis in the order of
notionally L2, L3; L4 and L5 etc, however, decision for assignment of the work will be as per
discretion of the department and not be arbitrable.

39. After issuing of work order slip by concern Executive Engineer a What’s app group will be created
by the agency, Executive Engineer, Assistant Engineer, and Junior Engineer. All urgent
communication regarding the cleaning of drain will be made through what’s app and agency have
to respond immediately. During inspection, if photograph of un-cleaned portion posted in
Whatsapp group by officers, the agency shall have to respond within time limit given and shall
also have to post photograph of same location after cleaning of drain.

40. Action for default: If an agency does not start the work or does not perform the assigned work
properly and/or in time, it shall be dropped from the list of approved/short listed agencies and
their deposits including performance guarantee etc. shall be forfeited. Such agencies shall be
debarred for tendering for a period of two years within that Circle-I, I&FC Deptt. Such action shall
be decided by SE-FC-1/CE (Zone-1).

41. EE shall balance the work distribution amongst these agencies based on quarterly difference of
25 %. The contractor shall raise the bills for work done & payments shall be made accordingly.

42. No idling charges for machinery(s) standing idle shall be paid to the contractor whatsoever.

43. No minor labour shall be deployed at site.

44. The machinery of the capacity more than as mentioned in schedule of quantities, if required at
site, shall be provided by the contractor(s) at the quoted/final negotiated rate. Nothing extra shall
be payable beyond the quoted/final negotiated rate.

45. The quantity may vary up to any extent as per site requirement for the items of schedule of
quantities.

46. Transportation charges for installation or shifting of, machinery(s) from one place to other are
deemed to be included in the rate quoted by the contractor.

47. No extra payment for fuel, operator, chowkidar etc. shall be paid to the contractor, whatsoever.

48. The percentage rate quotedby the agency shall be inclusive of G.S.T., Service Tax and all other
taxes etc. as applicable.

49. Site clearance: - After physical completion of the work, the site work shall be cleared of all the
malba, surplus constructional materials, tools and plants and labour huts etc. or any other
temporary constructions raised by the contractor during execution of work etc. at his own cost.
No extra payment shall be made to the contractor for the clearance of site and the adjoining area
used by the contractor for the execution of this work.

50. The time allowed for the execution of work shall be 365 daysand shall be the essence of the
contract.

ASSISTANT ENGINEER: II EXECUTIVE ENGINEER: CD-IV