Annual Labour supply work

Transcription

1 as TENDER NO.:03/DSM /C/ LABOUR CONTRACT/ N.I.T. NO: DSM/Labour Contract/231/C/1440, DATE DATE OF OPENIN: HOUR: After 3.00 PM ISSUED TO TENDER DOCUMENT FOR Annual Labour supply work

2 as Sl No Description Annexure Page No 1 Detailed Notice Inviting Tender A 2 Instruction to Tenderers B 3 Tender Form-1, Item Rate Tender & Contract for Work C 5 Special Terms, Conditions & Specifications E 6 Price Schedule F 7 Safety Precautions & Safety Rules

3 as NOTICE INVITIN TENDER ANNEXURE - A NIT No.:DSM//Labour Contract/231/C/1440 Dated: Sealed tenders are invited by the (CSCL), 14, Canal West Road, Kolkata from bonafide resourceful contractors competent to undertake following job. 1. Name of the work Supplying of fourteen(14) nos. Of labour having experience in cutting and digging the trenches along the road having different road surfaces including Mastic ashphaltum, general ashphaltum, concrete, kancha, IPS, paver block etc and loading/ unload, lowering of pipes in trenches, back fillings etc for the purpose of maintenance of underground gas pipe work etc. within the domain of greater Kolkata on annual rate contract basis as per the details mentioned in Schedule of requirement 2. Location : Within the domain of reater as Supply Corporation Ltd. 3. Earnest Money : 2% of the tendered amount. 4. Last date of Application : (Up to 3.00 pm) 5. Date of purchase of tender papers. 6. Last date of receipt of completed tender papers : to between 11 am to 3 pm. : (Up to P.M.) 7. Date of opening : (After P.M.) 8. Cost of tender document : Rs (Rupees one thousand ) only per set - Non refundable. 9. Tender to be submitted to: : The Distribution & Service Manager at the above address. 10. Time allowed for the work. : one year. NOTE: 1. Non-transferable tender documents can be obtained between 11A.M. and 2 P.M. on all working days from he office of the Distribution & the Service Manager, CSCL, 14 Canal West Road, Kolkata The Engineer-in-charge or his authorised representative will satisfy himself before permitting issue of tender forms along with other documents with the up-to-date PTCC, PAN,VAT, Trade license, Professional tax clearance certificate, PAN card,vat etc. and the Credibility of contractor for execution of this type of jobs. 3. The tender should accompany with the earnest money in the form of bank draft/pay order in favour of from any nationalized banks in Kolkata.

4 as 4. Detailed information about the work may be available from the office of the Distribution and the Service Manager, CSCL, 14, Canal West Road, Kolkata Tenderers are requested to inspect the site before quoting their rates and the rates should include all costs of labour and materials, carriage and also any other incidental costs thereof. 6. The authority of CSCL does not bind itself to accept the lowest tenderer and reserves the right to accept/reject and/or split any or all tenders without assigning the reasons whatsoever and also reserves the right to accept/reject the application for issue of tender paper. 7. CSCL takes no responsibility of delay/loss/non-receipt of tender documents sent by post. 8. Fax/ /Telex/Telegraphic offer will not be accepted. 9. Correction in schedule of rates, if unavoidable, should be initialed by the tenderer. 10. Rebates, if any, in case of Tenderers desire to offer on quoted rates given on the Schedule Of Rates (S.O.R), they may indicate the same in the S.O.R. itself and not anywhere else. The rebate, if any, shall be indicated both in figures and words. 11. The work shall have to be started immediately after the receipt of formal work order. 12. Notwithstanding anything stated elsewhere in the tender document, CSCL may solicit the Tenderers consent for an extension of the period of validity of offer. Request and response thereto shall be made in writing. If the Tenderers agree to the extension request the validity of the earnest money deposit provided shall also be suitably extended. However, under no circumstances the tenderer would be allowed to affect a price change due to extension of validity of offer. 13. Tenderers are advised to quote strictly as per the terms and conditions of the tender document and not to stipulate any deviation/exceptions. No price change in the later days will be acceptable for reasons whatsoever only non-conditional offer will be accepted. 14. Successful tenderer has to execute a formal agreement of RS 10/- on non-judicial stamp paper to be provided by the tenderer and to be submitted to CSCL, the format of which is available with the above office along with 2 (two) copies of the documents of tender paper (to be purchased by the tenderer) containing the details of terms and conditions and price offer within 7 (seven) days from the date of receipt of Work Order. 15. Successful tenderer also has to get his establishment registered under The Building and Other Construction Workers Act, 1996 and The Building and Other Construction Workers Welfare Cess Act, 1996 before commencement of the actual work. 16. This notice is a part of the tender document. 17. The tender form may also be downloaded from this Institute web site The cost of down loaded form of Rs.1000/- must be accompanied with Tender in the form of DD in favour of. Other terms & conditions have been provided in the tender forms. Copy to: 1. The Managing Director, CSCL - For his kind information. 2. The eneral Manager, CSCL - -Do- 3. The CAO, CSCL - -Do- 4. A.M. (NZ)/ ZO(S)/ ZO(C ) - -Do- 5. The IAO, CSCL - -Do- 6. For display in office notice boards of: Rajabazar / Park Street / Alipore / Howrah Sd/- (S. Bandyopadhyay) Distribution & Service Manager i/c 7. Office copy. (S. Bandyopadhyay) Distribution & Service Manager i/c

5 as ANNEXURE - B INSTRUCTION TO TENDERERS 1. The intending tenderers will have to produce before the tender inviting authority- CSCL beforehand documentary evidences to prove their past experiences, capabilities and financial resources to do such type of work etc. as per detailed notice inviting tender without which no tender form will be issued to any one, by the Authority concerned. 2. The intending tenderers shall have to produce up to date clearance certificates of incometax, sales tax and professional tax, trade licence before the authority concerned failing which no tender papers will be issued. 3. (i) Contract documents and relevant particulars may be seen by the intending tenderers on any working days (between 11 a.m. to 2 p.m.) at the office of the Distribution and Service Manager, 14, Canal West Road, Kolkata No tender documents in any case will be issued on the date fixed for opening the tender. (ii) Contract documents shall consist of the following and contractors will have to submit one copy of each of the same along with their tenders duly signed by them, without which tenders are liable to rejection Clearance certificate Availability of contract documents Contract documents a) Detailed Notice inviting tender hereinafter referred as Tender Notice b) Instruction to the tenderers c) Tender Form-1, item rate tender and contract for work d) eneral terms and conditions e) Special terms and conditions f) Specific price schedule g) Safety precautions and safety rule h) Proforma contract form i) Work order 4. (i) A tenderer is to quote their rates in figures as well as in words (at percentage above, below, or at per the rates) in the schedule of probably items with approximate quantities. One of the following declarations (which is applicable) is to be inscribed on the page no. 2 on the tender form 1 a) I/We agree to carry out the work mentioned in the memorandum as per our rate as quoted in the Specific price Schedule of probably items with approximate quantities. The said quotation in the exact wording of any one of the forms (a) or (b) above must be written on the page 2 only of the Tender Form 1 and no where else. For this purpose the various columns in the lower half of page 2 of the tender form 1 should be ignored and the quotation in the specified form to be written across the full width of the page. The quotation shall be clearly and legibly written and the whole writing must be by the hand of the person signing the tender and with the same pen and ink. Failure to do so may invalidate the tender. Erasing or overwriting shall not be allowed. This condition may be suitably relaxed in case of tenderer unable to write in English. Corrections in the quotation should be avoided and if this becomes unavoidable, the entire rate (and not a portion only) shall be scored out and signed (not simply initiated) Rates to be quoted.

6 as by the tenderer in the token of such cancellation. A fresh rate in one of the specified forms and in the specified manner shall then be correctly written. ii) In the event of the tender being submitted by a firm, it must be signed by a member or members of the firm having legal authority to do so and if called for legal documents in support thereof must be produced for inspection and same in the case of a firm carried out by one member of joint family, it must disclose that the firm is duly registered under the Indian Partnership Act, A tender signed by a member not holding a power of attorney shall be treated informal. Before submission of the tender the tenderer must see that the Memorandum at page 20 the tender form 1 is properly filled in and all particulars given. The tenderer must sign in the spaces allotted on the page 3 and 15 of the tender forms and the declaration by the tenderer (at the end of the special terms and conditions and specifications). The signature on page 30 tender form must be properly witnessed in the space allotted for the purpose. The tenderer must also sign at the bottom of each of the tender form 1 and other tender documents. Overwriting shall not be allowed. All corrections, additions, alteration etc. must be fully signed. When tenderer signs a tender in any language other than English, the rate quoted by him shall also be written in the same language. In addition he shall furnish a certificate to the effect that all the stipulation of the tender document have been fully and clearly explained to him and understood by him. The person who has so explained the stipulations shall also furnish a certificate to the effect the stipulations have been fully and clearly explained by him to the tenderer. 5. a) Earnest money as per Tender Notice, drawn in the form of pay order/demand draft in favour of reater as Supply Corporation Ltd. on any Nationalised Bank at must accompany each tender without which tenders will not be considered at all. Rates to be quoted. Earnest money (i) No request shall be entertained from any of the Tenderers to adjust the amount of earnest money furnished in respect of previous tender or from any amount lying in account in any form with the corporation. (ii) No interest shall be allowed on the earnest money deposited. (iii) The earnest money will be refunded to the unsuccessful Tenderer(s) after finalisation of the tender without any interest. (b) No cash or cheques or token or any guarantee bond will be accepted for earnest money. 6. As per clause 1 under condition of contract of Tender Form No. 1 Security deposit. 7. Deduction of Income Tax from the progressive bills of the contractors would be made as per memo no. F.No. 275/9/72 ITJ dt of Ministry of Finance (Deptt. of Revenue & Insurance) ovt. of India with its time to time amendments, if any. 8. Canvassing in connection with tender is strictly prohibited and the tenders submitted by the contractors who resort to canvassing will be liable to rejection. 9. Tenders which do not fulfill any of the above conditions or are incomplete in any respect are liable rejection. Canvassing Rejection of tender 10. The tenders should always be placed in sealed cover with the name of work written on the envelop and will be received by the Distribution & Service Manager in his office and will be publicly opened the authority receiving the tenders or the authorized representatives as soon as possible in the presence of such tenderers or their representatives who may be present. 11. The acceptance of the tender will rest with the Managing Director/Distribution & Service Manager, who does not bind himself to accept the lowest tender and reserves to himself the authority to reject any or all the tenders received without assigning any reason thereof. The authority also reserves the right to split the tenders between two or more tenderers. Acceptance of tender

7 as 12. Tenders once submitted will not be allowed to be withdrawn within a period of 6 (six) months from the date of opening of the tender and the contractor s offer will remain valid for acceptance for the 6 (six) months. If any tenderer withdraws his/their tender before this period, the earnest money deposited by him/them will stand forfeited and if he/they fail to give any satisfactory explanation for such withdrawal he/they shall be disqualified for submitting any tender to this deptt. for a minimum period of one year. 13. The successful tenderer will have to submit the following copies of the contract documents within 7 (seven) days from the date of receipt of the letter of acceptance of tender/work order. Failure to do so within the specified time will constitute a breach of the contract rendering the contract liable to termination with forfeiture of security to the extent of the amount of initial earnest money specified in the detailed notice inviting tender without any reference to the contractor. Withdrawal of tender Copies of agreement. i) Three sets of documents, each set containing all items of (a), (b), (c ), (d), (e), (f), (g), (h), (i), (j), & (k) as necessary for original or repair works as mentioned in clause 3 (three above). The above documents will have to be purchased from the office of the D.&S.M. concerned at price per copy as mentioned in the detailed notice inviting tender. All the copies must be signed on every page by the contractor and submitted to the tender inviting authority concerned as the case may be within the specified time. Starting of work 14. The successful tenderer shall have to start the work at site within a week from the date of issue of order to commence the work. 15. As per clause mentioned in Tender Form The contractor must obtain the Licence under the Contract Labour (Regulation & Abolition) Act 1970 and the certificate for the same should be submitted to the E.I.C. 17. The Contractor shall comply with the provisions of the Apprentices Act, 1961 and the Rules and orders issued there under from time to time. If he fails to do so, his failure will amount to breach of the contract and the Distribution & Service Manager may, in his discretion cancel the contract. The contractor shall also be liable for any pecuniary liability arising on account of any violation by him of the provisions of the Act. 18. Initial recruitment to all labours by the contractors shall invariably be through the employment exchange. Completion of work Licence from Labour Deptt. Engagement of apprentices. Absorption casual & such other categories of workers.

8 as ANNEXURE - C TENDER NO.... DATE. ISSUED TO DATE OF OPOENIN HOURS TENDER FORM 1 ITEM RATE TENDER & CONTRACT FOR WORK

9 as Item rate tender and contract for works eneral rules and directions for the guidance of contractors 1. All works proposed for execution by contract will be notified in a form of invitations to tender posted in the public places and signed by the Officer-in-charge. This form will state the work to be carried out, as well a date for submitting and opening tenders and the time allowed for carrying out the work, also the amount of earnest money to be deposited with the tender, and the amount of the security deposit to be deposited by the successful tenderer and the percentage, if any, to be deducted from bills. Copies of the specifications, designs and drawings and any other documents required in connection with the work, signed for the purpose of identification by the Officer-in-charge shall also be open for inspection by the contractor at the office of the officer-in-charge during office hours. 2. In the event of the tender being submitted by a firm, it must be signed separately by each member thereof or, in the event of the absence of any partner, it must be signed on his behalf by a person holding a power-of-attorney authorizing him to do so, such power of attorney to be produced with tender and same in case of a firm carried on by one member of a joint family, it must disclose that a firm is duly registered under the Indian Partnership Act. 3. Receipts for payment made on account of a work, when executed by a firm must also be signed by the several partners except where the contractors are described in their tender as a firm, in which case the receipts must be signed in the name of the firm by one of the partners or by some other person having authority to give effectual receipts for the firm. 4. Any person who submits a tender shall fill up the usual printed form, stating at what rate he is willing to undertake each item of the work. Tenders, which propose any alteration in the work, specified in the said form of invitation to tender, or in the time allowed for carrying out the work or which contain any other conditions of any sort, will be liable to rejection. No single tender shall include more than one work, but contractors who wish to tender for two or more works shall submit a separate tender for each. Tenders shall have the name and number of the work to which they refer written outside the envelope. 5. The Officer-in charge or his duly authorised assistant will open tenders in the presence of any intending contractors who may be present at the time and will enter the amounts of the several tenders in a comparative statement in a suitable form. In the event of a tender being accepted, a receipt for the earnest money forwarded therewith shall thereupon be given to the contractor, who will thereupon for the purpose of identification sign copies of the specification and other documents mentioned in Rule-1. In the event of tender being rejected, the earnest money forwarded with such unaccepted tender shall be refunded within 10 days from the date on which the tender is decided provided the contractors present himself/themselves before the Officer-in-charge to take the refund. 6. The accepting authority reserves the right to reject any or all the tenders without assigning any reasons and he will not be bound to accept either the lowest tender, or any of the tenders. 7. The receipt of any accountant or clerk for any money paid by the contractor will not be considered as any acknowledgement of payment to the officer and the contractor shall be responsible for seeing that he procures a receipt signed by the officer-in-charge or a duly authorised cashier. 8. The memorandum of work tendered for and the schedule of materials to be supplied by the CSC and their issue rates shall be filled in and completed in the office of the Officer-in- Charge before the tender form is issued. If a form is issued to an intending tenderer without having been so filled in and completed he shall request the office to take this done before he completes and delivers this tender.

10 TENDER FOR WORKS as I/we hereby tender for the execution for the CSC of the work specified in the underwritten memorandum within the time specified in such memorandum at the rates specified therein and in accordance in all respects with the specifications, designs, drawings and instructions in writing referred to in Rule-1 hereof and in clause 11 of the annexed conditions and with such materials as are provided for by and in all other respects in accordance with such conditions so far as applicable. Memorandum a. eneral description If several sub works are included they should be detailed in a separate list. b. Estimated cost c. Earnest money d. Security deposit (including earnest money) e. Percentage, if any, to be deducted from bills: ( ) percent f. Time allowed for the work from date of written order to commence.month Item no. Item of work Unit Rate Rate Tendered In figure In words NOTE: To be continued in additional sheets as found necessary

11 11 Should this tender be accepted I/we hereby agree to abide by and fulfill all the terms and conditions of the said conditions of contract annexed hereto so far as applicable, or in default thereof to forfeit pay to the CSC or his successors in office the sums of money mentioned in the said condition. ive particulars and number The sum of Rs. is herewith forwarded in NSC/NDC/Nationalised bank draft as earnest money the full value of which is to be absolutely forfeited to the CSC or its successors in office, without prejudice to any other rights or remedies of the said CSC or its successors in office should I/we fail to commence the work specified in the above memorandum, otherwise the said sum of Rs. shall be retained by CSC on account of the security deposit specified in Clause No. 1 of the said conditions of the contract. Dated the.day of..20 Signature of contractor before submission of tender Witness Address. Signature of witness to contractor Occupation.. The above tender is hereby accepted by me on behalf of the CSC. Dated the. day of signature of the officer by whom accepted. Signature of the officer by whom accepted 11

12 CONDITIONS OF CONTRACT as Security Deposit Compensatio n for delay Clause 1 - The person/persons whose tender may be accepted (hereinafter called the Tenderer(s) shall permit CSC at the time of making any payment to him/them for work done under the contract to deduct such sum as along with the sum already deposited as earnest money will amount: i) In case of works costing up to Rs. 1,00,000/- to 10% of the tendered amount. ii) In the case of works costing more than Rs. 1,00,000/- and up to Rs. 2,00,000/- to 10% on the first Rs. 1,00,000/- and 7.5 % on the balance of the tendered amount and iii) In the case of works costing more than Rs. 2,00,000/- to 10% on the first Rs. 1,00,000/- 7.5% on the next Rs. 1,00,000/- to 5% on the balance subject to a maximum of Rs. 2,00,000/- on unless he is/they are exempted from payment of security deposit in individual cases or have deposited the amount of security at the rate mentioned above in cash or in the form of overnment securities or fixed deposit receipts. In case a fixed deposit receipt of any bank is furnished by the Tenderer to CSC as part of this security deposit and the bank goes into liquidation or for any reason is unable to make payment against the said fixed deposit receipt the loss caused thereby shall fall on the Tenderer and the Tenderer shall forthwith on demand furnish additional security to CSC to make good of the deficit. Such deduction to be held by CSC by way of security deposit provided always that CSC for this purpose shall be entitled to recover percent of the amount of each running bill till the balance of the amount of security deposit is realized. All compensation or other sums of money payable by the Tenderer under terms of this contract may be deducted from or paid by the sale of sufficient part of his security deposit or from the interest arising there from or from any sums which may be due to or may become due to the Tenderer by CSC on any account whatsoever and in the event his/their security deposit being reduced by reason of any such deductions or sale as aforesaid, the Tenderer shall within 10 days make good in cash or fixed deposit receipt tendered by the State Bank of India or by scheduled/nationalised Banks or ovt. Securities (if deposited for more than 12 months) endorsed in favour of CSC any sum/sums which may have been deducted from or raised by sale of his/their security deposit or any part thereof. The security deposit shall be collected from the running bills of the Tenderer at the rates mentioned above and the earnest money if deposited in cash at the time of tenders will be treated as part of the security deposit. Clause 2 - The time allowed for carrying out the work as entered in the tender shall be strictly observed by the Tenderer and shall be reckoned from the date on which the order to commence work is given to the Tenderer. The work shall throughout the stipulated period of the contract be proceeded with all due diligence (time being deemed to be the essence of the contract, on the part of the Tenderer) and the Tenderer shall pay as compensation an amount equal to one percent or such smaller amount as the Engineer-incharge (whose decision in writing shall be final) may decide on the amount of the tender, amount of the whole work as shown in the tender for every day that the work remains uncommenced or unfinished after the proper dates. The Tenderer, shall commence execution of such part of the work as may be notified to him within 10 (ten) days from the date of the order for commencement of work and diligently continue such work and further to ensure good progress during the execution of the work and he shall be bound in all cases in which the time allowed for any work exceeds one month, complete one fourth of the whole of the work, before one fourth of the whole time allowed under the contract has elapsed, one half of the work, before one half of such time has elapsed and three fourth of the work before three fourth of such time has elapsed.

13 as Action when whole of security deposit is forfeited Tenderer remain liable to pay compensatio n if action not taken under Clause 3 Power to take possession of or require removal or sell Tenderer s plant. In the event of the Tenderer failing to comply with any of the conditions herein he shall be liable to pay as compensation an amount equal to one percent or such smaller amount as the Engineer-in-charge (whose decision in writing shall be final) may decide on the said tender amount of the whole work for every day that the due quantity of work remains incomplete, PROVIDED ALWAYS that the entire amount of compensation to be paid under the provision of this clause shall not exceed ten percent of the tendered amount of work as shown in the tender. Clause 3 - In any case in which under any clause of this contract the Tenderer shall have rendered himself liable to any compensation amounting to the whole of his security deposit (whether paid in one sum or deducted by instalments) the Engineer-in-Charge on behalf of the CSC shall have power to adopt any of the following courses as he may deem best suited to the interest of CSC. a) To rescind the contract (of which rescission notice in writing to the Tenderer under the hand of the Engineer-in-charge shall be conclusive evidence) and in which case the security deposit of the Tenderer shall stand forfeited and be absolutely at the disposal of CSC b) To employ labour paid by CSC and to supply materials to carry out the work, or any part of the work, debiting the Tenderer with the cost of the labour and the price of the materials (for the amount of which cost and price a certificate of the Engineer-incharge shall be final and conclusive against the Tenderer) and crediting him with the value of the work done in all respects in the same manner and the same rates as if it had been carried out by the Tenderer under the terms of this contract; the certificate of the Engineer-in-Charge as to the value of the work done shall be final and conclusive against the Tenderer. c) To measure up the work of the Tenderer, and to take such part thereof as shall be unexecuted out of his hands and to give it to another Tenderer to complete in which case any expenses which may be incurred in excess of the sum which would have been paid to the original Tenderer, if the whole work had been executed by him (of the amount of which excess the certificate in writing of the Engineer-in-Charge shall be final and conclusive), shall be borne and paid up by the original Tenderer and may be deducted from any money due to him by CSC under the contract or otherwise or from his security deposits or the proceeds of sale thereof, or a sufficient part thereof. In the event of any of the above courses being adopted by the Engineer-in-charge, the Tenderer shall have no claim to compensation for any loss sustained by him by reason of his having purchased, or procured any materials or entered into any engagement or made any advances on account of or with a view to the execution of the work or the performance of the contract. And in case the contract shall be rescinded under the provision aforesaid, the Tenderer shall not be entitled to recover or be paid any sum for any work thereof actually performed under this contract, unless and until the Engineer-in-Charge shall have certified in writing the performance of such work and the value payable in respect thereof and he shall only be entitled to be paid the value so certified. Clause 4 - In any case in which any of the powers conferred upon Engineer-in-Charge by clause hereof, shall have become exercisable and the same shall not be exercised, the non exercise thereof shall not constitute a waiver of any of the conditions hereof and such power shall notwithstanding be exercisable in the event of any future case of default by the Tenderer for which by any clause or clauses hereof he is declared liable to pay for past and future compensation shall remain unaffected. In the event of the Engineer-in-Charge putting in force either of the powers (a) or (c) vested in him under the preceding clause he may if so desire take possession of all or any tools, plants, materials and stores, in or upon the works, or the site thereof or belonging to the Tenderer, or procured by him and

14 as intended to be used for the execution of the work or any part thereof, paying or allowing for the same in account at the contract rates or in case of these not being applicable a current market rates to be certified by the Engineer-in-Charge whose certificate thereof shall be final, otherwise the Engineer-in-Charge may issue notice in writing to the Tenderer or his clerk of the works, foreman or other authorised agent required by him to remove such tools, plants materials or stores from the premises (within a time to be specified in such notice) and in the event of the Tenderer failing to comply with any such requisition the Engineer-in-Charge may remove them at the Tenderer s expense or sell them by auction or private sale on account of the Tenderer and his risk in all respects and the certificate of the Engineer-in-Charge as to the expense of any such removal and the amount of the proceeds and expense or any such sale shall be final and conclusive against the contract. Payment on intermediate certificate to be regarded as advance Bills to be submitted monthly Bills to be printed forms Payment on Tenderer s bill to bank Clause 6 - No payment shall be made for work estimated to cost less than Rupees one lakh, till after the whole of the works have been completed and a certificate of completion has been given. But in the case of works estimated to cost more than Rupees one lakh, the Tenderer shall on submitting the bill thereof be entitled to receive the billed amount approved and passed by the Engineer-in-Charge whose certificate of such approval passing of the sum so payable shall be final and conclusive against the Tenderer. But all such intermediate payments be shall be regarded a payment by way of advance against the final payment only and not as payment for work actually done and completed and shall not preclude the requiring of bad, unsound and imperfect or unskilful work to be removed and taken away and re-constructed or re-erected or be considered as an admission of the due performance of the contract or any part thereof in any respect of the accruing of any claim nor shall it conclude, determine or affect in any way the powers of the Engineer-in-charge under these conditions or any of them as the final settlement of adjustment of accounts or otherwise or in any other way vary effect of the contract. The final bill shall be submitted by the Tenderer within one month of the date fixed for completion of the work, otherwise the Engineer-in-charge s certificate of the measurement and of the total amount payable for the work accordingly shall be final and binding on all parties. Clause 7 - A bill shall be submitted by the Tenderer each month for all work executed in the previous month and the Engineer-in-Charge shall take or cause to be taken the requisite measurement for the purpose of having the same verified and the claim as far admissible adjusted if possible, before expiry of ten days from the presentation of the bill. If the Tenderer does not submit the bill within the time fixed as aforesaid the Engineer-in- Charge may prepare a bill from available day to day measurements duly counter signed by both the parties which shall be binding on the Tenderer in all respect. Clause 8- The Tenderer shall submit all bills on the printed forms, available at the office of the Engineer-in-Charge and the charges in the bill shall always be entered at the rates specified in the tender or in the case of any extra work ordered in pursuance of these conditions and not mentioned or provided for in the tender at the rates hereinafter provided for such work. Clause 8A - (1) - Payment due to the Tenderer may, if so desired by him be made to his Bank instead or direct to him, provided that the Tenderer furnishes to the Engineer-in- Charge: i) an authorization in the form of a legally valid document e.g. irrevocable power of attorney conferring authority on the Bank to receive payment: and ii) his own acceptances of the correctness of the account made out as being due to him by CSC or his signature on the bill or other claim preferred against CSC before settlement by the Engineer-in-Charge of the account or claim by payment to the Bank.

15 as While the receipt given by such Bank shall constitute a full and sufficient discharge for the payment, the Tenderer should, wherever possible, present his bills duly received and discharged through his Bankers. (2) In the case of the bills which the Tenderer presents for payment direct and which are not endorsed in favour of the Bank, while efforts will be made to secure payment to the financing bank, payments made to the Tenderer should be accepted as full acquaintance so far as CSC is concerned. As part of the arrangement the financing Bank should give CSC a letter to this effect. Note 1 - The procedure will not affect the usual rights of CSC to deduct from Tenderer s bill (whether endorsed in favour of a bank or not) any sum due to CSC in account of penalties, over payments etc. on this or any other contract with the CSC. Note-2 - Nothing herein contained shall operate to create in favour of the Bank any rights or equities vis-à-vis the Managing Director, CSC. Clause 9 In every case in which by virtue the provision of section 12 Sub-section (1) of the workmen s Compensation Act, 1923, CSC is obliged to pay compensation to a workman employed by the Tenderer in execution of the works. CSC will recover from the Tenderer the amount of the compensation so paid, and without prejudice to the right of CSC under section 12, Sub-section (2) of the Act. CSC shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due by the CSC to the Tenderer whether under this contract or otherwise. CSC shall not be bound to contest any claim made against it under Section 12, Subsection (1) of the said Act, except on the written request by the Tenderer and upon his given to CSC full security for all costs for which CSC might become liable in consequence of contesting such claim. Labour Clause 10 No female labour shall be employed within the limits of a cantonment. Clause 10A No labour below the age of 12 years shall be employed on the work. Clause 10B Payment of wages to labour (a) The Tenderer shall not withstanding the provision of any contract to the contrary clause to be paid fair wages to labour indirectly engaged in the work, including any engaged by his sub-contracts in connection with the said work, as if the labour has been immediately employed by him. (b) In respect of all labour directly or indirectly employed in the work for performance of the Tenderer s part of this agreement the Tenderer shall comply with or cause to be complied with the Central Public Works Department Tenderers Labour Regulations as mentioned in Sub Para (a) above made from time to time in regard to payment of wage, wage period, deductions from wages, recovery of wages not paid and deductions unauthorisedly made, maintenance of wage books or wage slips, publication of scales of wages and other terms of employment, inspection and submission of periodical returns and all other matters of the like nature or as per the provisions of the Contract Labour (Regulation & Abolition) Central Rules, 1971 wherever applicable Contract Labour (Regulation & Abolition) Central Rules, 1971 wherever applicable. (c) The Engineer-in-charge concerned shall have the right to deduct from the money due to the Tenderer any sum required or estimated to be required for making good the loss suffered by a worker or workers by reason of non-fulfillment of the conditions of the contract for the benefit of the workers, no-payment of wages or of deductions made from his or their wages which are not justified by their terms of contract or nonobservance of the Regulations as mentioned above. (d) The Tenderer shall comply with the provisions of payment of Wages Act, Employees Liability Act, 1938, Industrial Dispute Act, 1947, Maternity Benefit Act, 1961 and the Contract Labour (Regulation & Abolition) Act, 1970 or the modification thereof or any other Laws relating therto and the Rules made thereunder from time to time. (e) The Tenderer shall indemnify CSC against payment to be made thereunder and for the observance of the laws aforesaid and C.P.W.D. Tenderer s Labour Regulations

16 as Work on Sunday Work not to be sublet Contract may be rescinded and Security Deposit forfeited for subletting, bribing or if Tenderer become insolvent Sum payable by way of compensation to be considered as reasonable compensation without reference to actual loss Change in constitution of the firm Works to be under direction of the Engineerin-charge Definition of work Settlements of disputes having application within the State of West Bengal without prejudice to his right to claim indemnity from his sub-tenderer. (f) The regulation aforesaid shall be deemed to be a part of this contract and any breach thereof shall be deemed to be breach of this contract. Clause 11 No work shall be done on Sundays without the sanction in writing of the Engineer-in-charge. Clause 12 The contract shall not be assigned or sublet without specific order from CSC in respect of a specified sub-tenderer and if the Tenderer shall assign or sublet his contract or attempt so to do or become insolvent or commence any insolvency proceedings or make any composition with his creditors or attempt so to do or if any bribe, gift, loan, perquisite, reward or advantage, pecuniary or otherwise shall either directly or indirectly be given, promised or offered by the Tenderer or any of his servants to any public officers or person in the employee of CSC in any way relating to his office or employment or if any such officer or person shall become in any way directly or indirectly interested in the contract, the Engineer-in-charge may thereupon by notice in writing rescind the contract, the security deposit of the Tenderer shall thereupon stand forfeited and be absolutely at the disposal of CSC and the same consequences shall ensue as if the contract had been rescinded under Clause 3 hereof and in addition, the Tenderer shall not be entitled to recover or be paid for any work thereof actually performed under the contract. Clause 13 All sums payable by way of compensation under any of these conditions shall be considered as reasonable compensation to be applied to the use of CSC without reference to the actual loss or damage sustained and whether or not any damage shall have been sustained. Clause 14 In the case of a tender by partners any change in the continuation of the firm shall be forthwith notified by the Tenderer to the Engineer-in-charge for his information. Clause 15 All works to be executed under the contract shall be executed under the direction and subject to the approval in all respect of the Engineer-in-charge for the time being, who shall be entitled top direct at what point or points and in what manner they are to be connected and from time to time to be carried on. Clause 16 the expression work or works where used in the conditions shall unless there be something either in subject or context repugnant to such construction be construed and taken to mean the works by or by virtue of the contract contracted to be executed, whether temporary or permanent and whether original, altered, substituted or additional. Clause 17 the Tenderer(s) shall at his/their own cost provide his/their labour with hutting on an approved site and shall make arrangement for conservancy and situation in the labour camp to the satisfaction of the local Public Health and Medical Authorities. He/They shall also at his/their own cost make arrangements for the laying pipelines for water supply to his/their labour camps from the existing mains wherever available and shall pay all fees, charges and expenses in connection therewith and incidental thereto. Clause 18 - Except where otherwise provided in the contract, all questions and disputes relating to the meaning of the specifications, drawings and instructions herein before mentioned and so to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any ways arising out of or relating to the contract designs, drawings, specifications, estimates, instructions, orders or those conditions or otherwise concerning the work or the execution or failure to execute the same. Whether arising during the progress of the work or after completion or abandonment thereof shall be referred to the sole arbitration of the Managing Director. Should the Managing Director before any reason unwilling or unable to act as such

17 as arbitrator, such questions and disputes shall be referred to an arbitrator to be appointed by the Managing Director. The award of the Arbitrator shall be final conclusive and binding on all parties to this contract. The award shall be a speaking one, that is, the Arbitrator shall recite facts and assign reasons in support of the award after discussing fully the claims and contention of the parties. This clause shall not be applicable for contracts up to Rs. 50 (Fifty) Lacs only.

18 as ADDITIONAL CONDITIONS 1. Materials found surplus after the completion of a work should be returned to the CSC. If any contractor is found to have used the surplus material for his own purpose or otherwise dispose of it without the written consent of the Engineer-in-charge or his nominee, he may be held guilty of theft. In this connection, the provision of Clause-10 may be referred to where it is clearly stated that all materials issued to the contractors shall remain the property of. 2. The contractor shall have to make his own arrangements for water, both for the work and for his labours, tool-tackles and machineries/equipment etc. 3. Contractor shall be responsible for the payment of all water charges payable to the Corporation of Kolkata or any other water works authority including overnment Department concerned. 4. Contractor in the course of his work should understand that all materials (e.g. stores and other materials) obtained during the course of work will be considered CSC S property and will be disposed of in the best advantage of CSC. 5. It must be clearly understood by the contractor that no claim on account of enhanced rates (rates for those already accepted) due to market fluctuations will be entertained during the currency of this contract for the work as per schedule attached to the agreement and the additional work, if any, under Clause-12 of this Tender Form-1, if such additional work shall consist of items which have already been quoted for or items not quoted for but appearing in other schedule said earlier. 6. In the event of emergency, the contractor will be required to pay his labour everyday and if this is not done, CSC shall make the requisite payment as would have been paid by the contractor and recover the cost from the contractor.

19 as eneral Terms and conditions of the contract: ANNEXURE - D 1. Each tender document shall be serially numbered and each page thereof duly authorized by the signature of an authorized officer of the company. All correction, editing, alteration etc. in the tender document should be authenticated by initials. 2. All offers shall be addressed to the Distribution and Service Manager, reater as Supply CSCL Ltd., 14, Canal West Road, Kolkata- 9 shall be received in sealed covers, clearly super scribed the name of the job or tender. Any tender which is received after the time and date as specified is liable to rejection. 3. Tenderers should sign with rubber stamp in all pages of the tender documents. 4. Signature of the tenderers shall be attested by the responsible individuals. 5. All signatures shall be dated. 6. Tenderers should quote their rates in figure as well as words in English. The amount of each item should be worked out and total to be given on the schedule attached. 7. Tender forms containing over writing, erased rate or amount, not shown in figure and words in English will be liable in rejection. 8. Any tender containing clerical or arithmetic mistake may be rejected. 9. If a tenderer seeks any clarification or wants detailed information about the job, he may contact Nodal Officer, 14, Canal West Road, Kolkata After submission of the tender, any clarifications of quotation/tender or rate shall not be considered. 11. CSCL reserves the rights to negotiate with any party/parties after opening the tender and also reserves all rights to accept or reject any tender or all tenders. 12. Tenderers must submit with the tender, copies of testimonials with regards to their credentials, Trade License, I.T., S.T. clearance certificates, P. Tax, VAT etc. to satisfy the authority about his position as an independent contractor and ability to carry out the work. 13. Canvassing in any form about the tender is strictly prohibited. 14. a) Successful tenderer shall have to execute a formal contract/agreement in quadruplicate with the CSCL on prescribed forms and all relevant documents are available from the office of the D. & S.M. against necessary fees, if any, within specified time failing which the contract shall stand cancelled. b) Agreement shall also be made in non-judicial stamp paper worth of rupees Ten (10/-) only as per proforma enclosed along with the prescribed form/tender documents etc. as stated above. The contractor shall arrange the non-judicial stamp paper at his own cost. 15. Tenders should be submitted in sealed covers within the specified time and date. 16. Tenderers should quote their rates on individual item of schedule in the specific price schedule. 17. Authorised officer of the CSCL will open the tender in presence of the tenderers who may be present at that time. 18. Payment will be made based on the duly signed attendance register, duly executed bill in quadruplicate along with the certificate of Nodal Officer..

20 as 19. Labours supplied for the work by the contractor should have experience, skill & efficiency to carry out similar nature of job. 20. Deposited security money shall be held with the CSCL till one month after completion of the contract period of one year by CSCL and no interest for such deposited amount shall be considered. 21. Selected contractor shall be bound to obey the terms & conditions, rules of tender documents. 22. Intending tenderers may please contact Nodal Officer at 14, Canal West Road, Kolkata- 9 for any query or any detailed information about the work. 23. CSCL reserves the right to stop any work at any time during execution or before commencement without showing any reason giving 24 (twenty four) hours notice to the contractor. 24. For the work in gas network special care and precautions should be taken by the contractor during execution to avoid any hazard or accident. CSCL will not in any way be responsible for any kind of accident or damage suffered by the contractor s people during the work. 25. Conditional tenders shall be treated as informal. 26. Contractor shall not stack materials at any site which will seriously cause inconvenience to the public. 27. In every case in which by virtue of the provision of section-12 of Workmens Compensation Act or any other rules and laws framed by State or Central ovt. shall be applicable to the contractor for compensation etc. for the workmen employed by him. 28. As CSCL is a ovt. company, the related Rules of ovt. shall not be out of scope or jurisdiction of the tender. 29. Any damage happened during execution, contractors shall be liable to rectify the same. 30. Any materials found underground while excavating the trenches or at site shall be the property of the ovt. such materials/surplus materials/dismantled and taken up materials should be deposited to the CSCL with proper document. 31. Successful contractors are requested to submit to this office copy of the current labour licence from Labour Department of ovt. of West Bengal in their favour under contract labour (Regulation & Abolition) Act 1970 and rules framed under the West Bengal Contract Labour (Regulation & Abolition Rules, 1972). 32. The contractor shall pay all charges & fees/legally payable for acts arising out of their work and hold the employer free from all such costs. 33. The supplied labours shall have to work at night if it is deemed necessary with prior approval from the Nodal Officer. 34.Precaution during work All work are to be carried out with due regard to the convenience of the occupants, if any and in close co-operation with the Company employed agents carrying out the inspection work. The programme of work and necessary arrangement must have to be adjusted accordingly. All precautions must be taken against chances of any injury or accident to the workers. The contractor must also ensure that the employees observe the statutory safety rules and regulations as are valid from time to time by the authorities and promptly submit reports of accidents and state the measure taken by him to prevent such accident in case such situation