THE PHARMACEUTICAL CORPORATION (IM) KERALA LIMITED

Transcription

1 1 THE PHARMACEUTICAL CORPORATION (IM) KERALA LIMITED THRISSUR TENDER DOCUMENT Name of Work: Providing drainage & Retaining wall behind KC section and other activities in tandem with set work

2 2 INDEX Sl. Particulars Page No. No. 1. Tender Notice General Information 5 3. Instruction/Guidelines to the Tenderers Tender Conditions General Conditions of Contract Special Conditions of Contract (Civil) Special Conditions of Contract for Structural Works Technical Specifications (Civil) Appendix-I Requirement of land area for Contractor Appendix-II Details of Experience Appendix-III Current Commitment Appendix-IV Information Regarding Equipments for this work Appendix-V Information about Tenderer Appendix-VI Proforma for Bank Guarantee EMD Appendix-VII Proforma for Bank Guarantee - Security Deposit Appendix- VIII Requirement of constructional equipments/tools Appendix-IX Specification/Brand/Make of Materials Appendix-X Schedule of Quantities (Civil) Schedule-A Format for Preliminary Agreement Format for Article of Agreement 71-72

3 3 THE PHARMACEUTICAL CORPORATION (IM) KERALA LIMITED KUTTANELLUR P.O., THRISSUR 14 (A Govt. of Kerala Undertaking) TENDER NOTICE Tender No:- Date: Sealed Super scribed tenders in the prescribed form are invited from competent, experienced and technically and financially sound contractors for executing the following jobs. 1. Scope of work : : Providing drainage & Retaining wall behind KC section and other activities in tandem with set work 2. Tender qualification Criteria : 1.Tenderer should have executed at least one civil construction job of value not less than 90% of the PAC in single contract during last year or current year as prime contractor or he should be a C class contractor. 2. He should have executed work of value more than 3 times the PAC per year during any one of the three preceding years. 3. Date of issue of tender document : to Last date for submission of tender document : , 3:00 PM 5. Date and time of opening tender : , 3:30PM 6. Issued to : 7. Contact Address of the Tenderer : With Telephone No.

4 4 Tender document can be obtained during office hours on any working day from the office of the Pharmaceutical Corporation (IM) Kerala Limited., in the address given below on payment of Rs.600+VAT (non-refundable) in cash or DD. Those who want the tender document by post shall pay an additional amount of Rs.100/-.The tender document can also be downloaded from our web site viz. and in that case the cost of tender document shall be remitted in the form of Demand Draft drawn in favour of Managing Director, Oushadhi payable at Thrissur along with the tender The completed tender document will be received in the office of the Managing Director, The Pharmaceutical Corporation (IM) Kerala Limited; Kuttanellur up to 3.00 pm on and will be opened in the presence of authorised representatives of participating tenderers if available at 3.30 pm on the same day. We shall have no responsibility for any delay, loss or non-receipt of tender document or bids sent by post. Telex/Telegraphic/Tele fax offers will not be accepted. The company reserves the right to accept or reject any or all tenders without assigning any reasons thereof. Sd/- Managing Director The Pharmaceutical Corporation (IM) Kerala Limited, Kuttanellur P.O., Thrissur- 14 Kerala

5 5 GENERAL INFORMATION TO BIDERS 1.Name of work Providing drainage & Retaining wall behind KC section and other activities in tandem with set work 2. Probable amount of contract Rs3,00,000/- 3. Location of the site Kuttanellur, Thrissur 4. Name and address of the client The Pharmaceutical Corporation (IM) Kerala Ltd. Kuttanellur P.O., Thrissur Period of sale of blank tender forms 6. Place, date and time of tender opening As per tender notice As per tender notice 7. Earnest Money Deposit 7500/-- Demand Draft in favour of 8. Form of remittance of EMD Managing Director, The Pharmaceutical Corporation (IM) Kerala Ltd., payable at Thrissur or by Cash at Office 9. Date of commencement of work 15 days from the date of issue of letter of intent 10. Period of completion 45 days from the date of commencement of work 11. Rate of liquidated damages 1% of value of work for every week 12. Maximum limit of liquidated damages 7.5% of the value of work 13. Period of maintenance 12 Months from the date of completion of work 14. Security Deposit As per clause 2-19

6 6 INSTRUCTIONS/GUIDELINES TO THE TENDERERS 1. Submission of tender : The tender in the prescribed form should be duly filled in, signed, sealed and submitted in accordance with the procedure mentioned below. 2. Procedure : The tenderer is required to submit his/its tender in the prescribed form, put in a large envelops sealed and superscribed Providing drainage & Retaining wall behind KC section and other activities in tandem with set work and addressed to The Managing Director The Pharmaceutical Corporation (IM) Kerala Ltd., Kuttanellur P.O., Thrissur - 14, Kerala before 3.00 pm on A tender which is incomplete or which is received after the date and time specified above will not be considered. The tender should be signed by the tenderer himself or by the authorised signatory in which case proof of such authorisation should be submitted along with the tender. A tender delivered or sent otherwise will not be considered/entertained. The tender duly signed and sealed and super scribed as above may be sent by post or delivered in the office addressed to the Managing Director as above. A tender, which is received after the time and date fixed above and in the tender notice, shall be rejected. No page of the tender documents shall be removed or altered and the whole set of tender documents given must be submitted after being duly filled in and signed. Failure to comply with this instruction will result in summary rejection of the tender. Every correction in the tender should be signed by the tenderer or his authorised signatory failing which the tender shall be rejected. 3. Validity of tender : The tender submitted as above shall remain firm for acceptance for a period of 3 months from the date of opening of the tender. The tenderer shall not be entitled during the said period of 3 months without the consent in writing of the corporation to revoke or cancel the tender or to vary the tendered rates or any terms thereof.

7 7 4. Earnest Money deposit : The tender should be accompanied by Earnest Money Deposit (EMD) for an amount of Rs.7500/- (Seven thousand five hundred only). The EMD shall be paid by a Demand Draft drawn on any nationalised/scheduled bank in favour of The Pharmaceutical Corporation (IM) Kerala Ltd payable at Thrissur or the EMD may be deposited at the office of the Pharmaceutical Corporation at Kuttanellur by cash and attach the receipt along with the tender. The EMD of unsuccessful tenderer will be returned without interest by not later than 30 days from date of finalisation of tender. 5. Price : The contract will be awarded on fixed price as described in the tender document. All rates/price in the tender shall cover sales tax, other taxes, levies and duties. The price/rate shall be quoted both in figures and words. In case the tenderer has quoted two different rates/price in words and figures the lower of the two will be considered valid and binding on the tender. The price/rate quoted is a firm price and the tenderer shall be bound to keep his/its price firm and fixed without escalation on any ground whatsoever for the entire period of the contract and/or till the completion of the entire works. 6. Payments: Payments for the works completed satisfactorily will be made after scrutiny of the bills, submitted with supporting documents, by cheque within 30 days from the date of receipt of the bill. 7. Right to Reject Tender : The acceptance of tender and award of contract to one or more tenderers if considered necessary rest with the corporation who does not bind itself to accept the lowest tender and reserves to itself the authority to reject any or all the tenders without assigning any reason. 8. Tenderer to Make Arrangement : The successful tenderer shall make his own arrangements for the execution and timely completion of the work tendered. 9. Tenderers Knowledge of the conditions of the Tender Documents, Site etc. By submitting the tender of the work a tenderer will be deemed to have studied all the conditions of the tender and the rate quoted by him will be adequate to complete the work in all respects and generally has taken into account all conditions and difficulties that may be encountered during the performance of the contract. The act

8 8 of submission of tender shall be deemed to be a complete and unreserved acceptance of the terms and conditions of the tender contained in the tender document. 10. Award of Contract : Acceptance of the tender will be intimated to the successful tenderer before expiration of the period of validity of tender through a letter/telefax/fax send in the address mentioned in the tender. The successful tenderer within 10 days from the date of receipt of intimation of acceptance of tender as above shall execute at his cost and expense, an agreement with the corporation on a proper non-judicial stamp paper. 11. General : (a) Location : the work site is situated at Oushadhi premises, Kuttanellur (b) Inspection : the intending tenderers with prior Permission of the competent authority and in the presence of an authorised officer of the corporation will be permitted to inspect the work site during any working day between 10AM to 4PM. (c) Quoting rate : the tenderers shall quote the price/rate only after studying the site conditions, the scope and specifications, requirements of work and after taking into account all conditions during the actual execution of the work. Temporary approach roads or sheds if any required may be constructed by the contractor at his cost/expense. d) Documents to be attached : the tenderers are requested to ensure that copies of all the documents are attached along with the tender. Failure to do so shall result in summary rejection of the tender. e) Resume of plan of action : the tenderer shall furnish a brief resume regarding how he propose to execute the work.

9 9 TENDER CONDITIONS 1. The tender should be submitted strictly adhering to the instructions/guidelines to the tenderers. 2. Tenders will be opened at the date and time as specified in the General information to tenderers in the presence of the tenderers or their authorised representative if available. 3. No tenderer shall be allowed at any time and on any ground whatsoever to make any claim for revision or modification of rates quoted by him. He should clearly understand that the price/rates quoted by him include payment of any taxes, duties etc., payable at the time of tender and any enhancement thereof or which may hereafter be levied in respect of the work shall be to his account. 4. On no account the security deposit of a previous contract be taken as an authority to permit a tenderer to make his tender without depositing earnest money deposit. 5. Each tender must be accompanied by a) Earnest Money Deposit as specified. b) A preliminary agreement duly executed on non-judicial stamp paper of value not less than Rs. 100/-as per the performa attached. c) Documentary evidence to establish pre-qualification criteria. d) If the tenderer is a partnership firm a true authorised copy of the latest partnership deed and its registration certificate. e) Proof of authorisation to sign the tender documents. f) Details regarding the tenderers work experience in civil construction in Appendix-2, details of current commitments as per Appendix-3, information regarding equipments proposed to be used in this work as per Appendix-4 and information about the tenderer as per Appendix-5.The tenderer may give the above details/information in separate sheets wherever space is not available. 6. The Managing Director reserves to himself the right to reject the tender or to accept the tender of more than one party and split up the work amongst the said parties. 7. The successful tenderer will have to enter into an agreement at his cost and expense with the corporation within 10 days of intimation of acceptance of tender failing which the amount of EMD shall be forfeited and acceptance of his tender shall be treated as withdrawn and the work will be awarded to next lowest tenderer or to another agency at the risk and cost of the successful tenderer.

10 10 8. The successful tenderer on or before the date stipulated in the letter intimating acceptance of the tender will have to furnish security deposit as per clause If the successful tenderer fails to execute the agreement and/or to furnish the security deposit within the stipulated time or withdraws the tender after communication of acceptance or fails to commence the work due to any reason whatsoever, the contract will be terminated at the risk and cost of the successful tenderer and the earnest money deposit/security deposit will be forfeited. Further the successful tenderer will be held liable for all the loss and damages sustained by the corporation by reason of such breach and such loss and/or damage shall be assesed by the Managing Director whose decision in this behalf shall be final and binding on the successful tenderer and will be recovered from his areas of revenue. But should it be a saving to the client, the original contractor shall have no claim whatsoever to the difference. Recoveries on this or any other account will be made from the sum that may be due to the contractor on this or any other substanding contracts or under the Revenue Recovery Act or otherwise the corporation may decide. 10. The contract shall not be assigned without the prior permission of the corporation in writing. 11. Special conditions if any of the tenderer attached with the tender will not be applicable unless they are expressly accepted in writing by the corporation and the contractor. 12. The Managing Director shall be at liberty to terminate the contract either whole or on part without assigning any reason by giving 7 days notice in that behalf to take effect immediately. 13. The rates tendered and accepted rate will be treated a firm and final without any escalation until the complete fulfilment of the contract. 14. If any documents is missing or is unsigned the tender shall be considered as invalid. 15. Tender in which any of the particulars and prescribed information is missing or incomplete in any respect is liable for rejection. 16. Canvassing of any kind is strictly prohibited and the tender submitted by the tenderer who resorts to canvassing is liable for rejection. Tender containing remarks or any conditions uncalled for are liable for rejection. 17. The corporation reserves the right to distribute the work between more than one contractor. The work may be split up and accepted in parts and not in entirely at the sole discretion of the Managing Director. The tenderer should specifically state if he is willing to accept part of a work.

11 The tenderers should furnish complete information regarding his relative/relatives, if any employed in any capacity in the corporation, at the time of submission of the tender. 19. (1) The tenderer shall acquaint himself with the topographical and other site conditions prevailing at the site. (2) The tenderer shall visit the site to check the actual site conditions, availability of labour, communications, transport accessibility to site etc and these factors shall be taken into account while quoting the price/rate. (3) Failure to ascertain such conditions by the tenderer at the time of tendering shall not constitute any reason for any dispute later on as regards the rates etc. (4) The tenderer shall visit the site and acquaint himself fully of the site and no claims whatsoever will be entertained on the plea of ignorance or difficulties involved in the execution of work or carriage of materials. 20. The tenderer is required to check the numbers of the pages and should any be found missing or in duplicate or the figures or writing indistinct, he must inform the Engineer-in -charge at once and have the same rectified. Should the tederer be in doubt about the precise meaning of any item or figure for any reason whatsoever he must inform the Engineer -in-charge that the correct meaning may be decided upon before the date for the submission of the tender. No liability whatsoever will be admitted nor claim allowed in respect of errors in the contractor s tenders due to mistakes in the schedule of quantities which should have been rectified in the manner described above.

12 12 GENERAL CONDITIONS OF CONTRACT 1. DEFINITION AND INTERPRETATION In the contract documents as hereinafter defined where the context so admits the following words and expressions shall have the following meaning. 1. Company shall mean the Pharmaceutical Corporation (IM) Kerala Ltd., Oushadhi, Kuttanellur P.O., Thrissur Consultants The consultants shall mean the competent agency duly appointed by Oushadhi to act as consultants for the purpose of the contract. The words Consultants, Consulting Engineers appearing elsewhere in the tender shall also mean consultant. 3. Contract shall mean the contract documents collectively comprising the agreement executed between the parties and such documents like tender conditions of contract, special conditions of contract/ tender, general conditions of contract, specification, schedule of works, accepted schedule of rates, drawings, letter of indent/work order and/or any other correspondence or negotiations etc. 4. Accepted Schedule In relation to the contract means the schedule or schedules of quantities and the rates quoted/modified by the contractor in respect of which the tender is accepted. 5. Drawings shall mean the map drawings, plan and tracings or prints thereof annexed to the contract and shall include any modification of such drawings and further drawings as may be issued or approved in writing by the engineer-incharge from time to time.

13 13 6. Engineer/Engineer-in charge shall mean the engineer of the company in charge of the work under contract. 7. Contract value means the sum accepted or the sum calculated or the sum calculated in accordance with the rate/price accepted in tender and/or the contract rates as payable to the contractor for the entire execution and full completion of the work as per the contract. 8. Date of commencement is the date of commencing of the whole or any part of the work as set out in the tender document or ascertained in accordance with the individual work order or any subsequent agreed amendments thereof. 9. Date of Completion is the date fixed for completion of the whole or any part of the work as set out in or ascertained with the individual work orders or any subsequent agreed amendments thereto. 10. Letter of Indent is an intimation by letter/fax to the contractor about acceptance of his tender. 11. Period of Maintenance shall mean the period specified from the date of completion of the work as mentioned in the general information to tender. 12. Site shall mean the land and/or other places under in or through which the work are to be carried out and any other land or places provided by the company for the purpose of the contract. 13. Specifications shall mean all directions, provisions and requirements attached to the contract which pertains to the method and manner of performing the work or works to the quantities and qualities of work or works and the materials to be furnished under the contract for the work or works as may be implied or modified by the company or the Engineer during the performance of the contract in order to provide for

14 14 unforeseen conditions or in the best interest of work or works. 14. Work shall mean the works to be executed and/or services to be rendered in accordance with the contract. 1.2 INTERPRETATION Words importing persons or parties shall include firms, companies/ corporations Words importing singular only also include the plural and vice versa The headings and sub-headings in these General conditions of contract shall not be deemed part thereof or be taken into consideration in the interpretation or construction thereof the contract Month means Gregorian Calendar month Day means Calendar day Writing means any manuscript type written or printed matter. 2.1 SCOPE OF WORK Shall be as specified in the tender and/or in the work order. 2.2 OCCUPATION AND USE OF LAND No land belonging to or in the possession of the corporation shall be occupied by the contractor without the permission of the corporation. The contractor shall not use or allow to use the site for any purpose other than that of executing the works. 2.3 COMMENCEMENT OF WORK The contractor shall commence the work on the date or dates mentioned in the LOI/work order issued to him and proceed with the same with due expedition and without delay. 2.4 TIME AND PROGRESS CHART The Engineer and the contractor shall jointly prepare and sign a detailed time and progress chart for the execution of various items of work within the overall period of completion. The contractor shall adhere to the time chart so prepared. 2.5 RATE OF ITEMS OF WORK The rates entered in the accepted schedule of rates are intended to provide for work duly and properly complete in accordance with the conditions of tender/contract.

15 15 The rates entered in the accepted schedule during the period of contract and till completion of the entire works under the contract shall remain firm and fixed and no claim for enhancement/escalation in rates on any ground whatsoever will be entertained/considered and granted by the company. 2.6 TAXES AND DUTIES The contractor shall be responsible for the payment of all taxes including tax relating works contract, service tax etc., and taxes and duties leviable presently or later during currency of the contract. Any variations in rates of taxes and duties during the currency of the contract shall be borne by the contractor. 2.7 SETTING OUT WORKS The contractor shall set out the works and shall be responsible for the true and perfect setting out of the same and for the correctness of the positions, levels, dimensions and alignment of all parts thereof. If at any time error in respect of it appears during the progress of the works, the contractor shall at his own expenses rectify such error to the satisfaction of the Engineer. 2.8 MATERIALS Unless otherwise specified or agreed to all materials, tools, plants, equipments etc. required for execution of the work shall be arranged /produced by the contractor. In case the company agrees to provide any materials, plants, tools, equipments etc. from its stores or otherwise the contractor shall make his own arrangements for collection and transportation of such items from company s stores to the work site or to any other place required at his cost/expenses. The contractor shall also make his own arrangements for safe handling and proper storage of the items supplied by the company at his own risks and costs. Loss or damages to the materials issued by the company to the contractor shall be recovered from contractor s bills/security deposit or other amounts due under this or any other contract. No compensation shall be claimed for accounting of the items supplied by the company. Balance materials if any shall be obtained by the contractor and the same shall be attached to the bills claiming payment for the work WASTAGE OF MATERIALS The contractor shall ensure that there are no loss/wastage of materials supplied by the company. In case the wastage is excess of that specified by the company, contractor shall be liable to pay compensation to the company at double the market rates. Any amount due to this account shall be recoverable from the contractor s bills, security deposit or other amounts due to him under this contract or any other contract. The decision of the company under provision of this clause shall be final and binding on the contractor.

16 MATERIALS BROUGHT BY THE CONTRACTOR All materials brought in by the contractor shall be in good condition and shall be presented for inspection to the Engineer and if rejected for any reason by the Engineer, the contractor shall replace them immediately at the contractor s cost. For all materials, tools and equipments brought within the company s premises, the contractor shall sign a declaration form and produce the same before the security section a copy of which shall be send to the Engineer. Materials, tools and equipments brought to the company s premises shall not be removed from the company s premises without written consent of the company. The company shall not be responsible for protection against loss/damages of contractor s materials and equipments, tools etc. brought inside the company s premises. The contractor shall make his own arrangements for the safe custody of all items brought by him for the work WORKMANSHIP All the works covered under the contract shall be done in accordance with the specifications and to the entire satisfaction of the Engineer who shall determine the quality, acceptability and fitness of the work. The decision of the Engineer in this regard shall be final and binding on the contractor DEPLOYMENT OF QUALIFIED/EXPERIENCED PERSONEL/SUPERVISOR The contractor shall provide and employ at the site in connection with the execution of the works only such technical assistants as are skilled and experienced in their respective callings and such sub agents, foreman and leading hands as are competent to give proper supervision to the works they are required to supervise and such skilled, semi-skilled and unskilled labour as is necessary for the proper and timely execution and maintenance of the works OBJECTION TO CONTRACTORS EMPLOYEE The Engineer shall be at liberty to object and to demand the contractor to remove forthwith from works any person employed by the contractor in or about the execution of the works who in the opinion of the Engineer misconduct himself or is incompetent or negligent in the proper performance of the duties or whose employment is otherwise considered by the Engineer to be undesirable and such person shall not be again employed upon the works without the written permission of the Engineer. Any person so removed from the works shall be replaced as soon as possible by a competent substitute approved by Engineer at no additional cost to the company.

17 ENTRY PERMIT TO SITE Before the contractor permits any of his employee inside the company s premises he shall be in possession of the necessary entry permits required by the company s regulations. The company will furnish the contractor with initial permits but the contractor shall be responsible to apply for renewal of such permits before expiration. These permits must be kept at the job site at all times and the contractor is to ensure that his own sub contractor s personnel shall not enter site without a valid permit CONTRACTOR S REPRESENTATIVE The contractor shall employ a competent representative whose name shall have been previously communicated in writing to the company by the contractor to supervise the execution of the work on site. The said representative shall be present at site during all working hours and any orders or instructions which the company and/or the Engineer may give to the said representative of the contractor shall be deemed to have been given to the contractor OPPORTUNITIES FOR OTHER CONTRACTORS The contractor shall in accordance with the requirement of the company afford reasonable opportunities to any other contractor or their men and the workmen of the company for carrying out in or near the site of any work not included in the contract or of any contract which the company may enter into in connection with or ancillary to the work awarded to the contractor SUB CONTRACTORS No part or whole of the work or interest therein shall in any manner be assigned or sublet by the contractor unless specifically approved by the Engineer LOCAL AND OTHER AUTHORITIES NOTICES AND FEES Contractor shall comply with and give notices required by any Act or any Regulation or Bye-Law of any local or other public authority who have any jurisdiction with regard to the contract work and shall pay and indemnify the company against any fees or charges legally payable under such Act, Regulation or Bye-Law in respect of the work 2.19 SECURITY DEPOSIT & RETENTION AMOUNT SECURITY DEPOSIT The contractor shall furnish 5% of the value of the contract as security deposit. The earnest money deposited by the contractor with his tender will be retained by the company as part of the security deposit. The balance amount towards security deposit after such appropriation will be furnished by the contractor within 10 days of receipt of the letter of intent/work order.

18 18 The security deposit shall remain at the entire disposal of the company as security for the satisfactory execution and completion of the work in accordance with the conditions of contract. The company shall be at liberty to deduct and appropriate from the security deposit such penalties and other sums and dues payable by the contractor under the contract. The amount by which the security deposit is reduced by such appropriation shall be made good by further deduction from the contractors subsequent interim bill in the same manner aforesaid until the SD is restored to its full limit mentioned above. Security Deposit shall be released along with the payment of final bill RETENTION AMOUNT Retention money at the rate of 10% of the value of work done for each running bill will be deducted from first and following part bills until such time as the cumulative total of such deductions (herein referred to as the Retention money) shall amount to 10% of the value of the executed work. On expiry of the defects liability period or on payment of the amount of final bill whichever is later, the Engineer -in-charge shall on demand from the contractor refund to him the retention amount provided the Engineer-in-charge is satisfied that there is no demand outstanding against the contractor provided that on completion of the work if he so demand may convert the amount into one of the Govt. securities or Bank guarantee from any nationalized bank, the bank guarantee being valid till the completion of the defect liability period. The EMD, SD, Retention money and amount payable under the contract to the contractor will not bear any interest whatsoever LAWS AND REGULATIONS The contractor shall in his dealing with his employees abide by all applicable local and national laws and regulations in force including any minimum wage regulation, P.F, ESI and applicable sanitary and safety regulations and rules regarding working conditions CONTRACTOR S LIABILITY It is the responsibility of the contractor to meet all claims for compensation under the Workmen s Compensation Act or under any other law in respect of accidents or injury including death suffered by workmen engaged by the contractor and agrees to indemnify the company fully in respect of all claims under the Workmen s Compensation Act and under other laws in respect of aforesaid claims EMPLOYMENT LIABILITY The contractor shall be solely and exclusively responsible for engaging adequate number of skilled, semi-skilled and unskilled labourers for the execution and timely completion of work and also to pay their wages and other benefits as per applicable labour laws binding settlements if any and to comply with the provisions of the said laws.

19 19 The contractor is liable to pay ESI, Provident Fund and other statutory dues to all workers engaged by him in the execution of the work. The contractor should furnish the details of employment, wages paid etc., to the Personnel Department of the company on monthly basis. Payments against the work done will be considered only after ensuring compliance with the above. The contractor if required shall be liable to furnish such details required by statutory authorities regarding employment, wages paid etc. The contractor who employs 20 or more workmen should take licence as stipulated under the Contract Labour (Regulation and Abolition Act 1970) before commencement of work. The contractor understands and recognizes that the company has absolutely no liability whatsoever concerning the employees engaged by the contractor including for payment of their wages and other benefits as per applicable labour laws COMPLIANCE TO RULES FOR EMPLOYMENT OF LABOUR Etc. The contractor shall conform to all laws, byelaws, rules and regulations for the time being in force pertaining to the employment of persons in the execution of the work under the contract and shall take all necessary precaution to ensure and preserve the health and safety of all persons employed by him in the execution of works LABOUR LAWS In respect of all labourers directly or indirectly employed in the execution of the work, the contractor shall comply with all laws, rules, regulations, notifications, directions of State/Central Governments or Local Authorities payment of wages, compensation, welfare, safety etc., all laws, notifications, wages, welfare and other statutory obligations with regard to minimum wages, welfare and safety measures, maintenance of register, houses of work, national and festival holidays will be deemed to be part of the contract. The contractor will be fully responsible and liable to pay the wages and other benefits to the employees employed by him in the execution of the work and also to settle all disputes relating to payment of wages and other amenities and service conditions of the workers employed by him in the execution of the work. In case the contractor fails to make the payment of wages and other benefits due and payable to his workers under any applicable labour laws or memorandum of settlements and the company is forced to pay the same, then the company is entitled to recover such sum paid from the amounts due or payable to the contractor under this or other contract with the company and/or otherwise in accordance with law OBSERVANCE BY SUBCONTRACTORS The contractor shall be fully responsible and liable for observances by his sub contractors of all the provisions of the contract and laws including applicable labour laws, which he is liable to observe in the execution of the work under this contract.

20 ASSIGNMENT The contractor shall not assign or sublet the contract or any part thereof or allow any person to become interested therein in any manner whatsoever without prior written permission of the company. The permitted subletting of the work by the contractor shall not establish any contractual relationship between the subcontractor and the company and shall not relieve the contractor of any responsibility under the contract DOCUMENTS MUTUALLY EXCLUSIVE The several documents forming part of the contract are to be taken as mutually explanatory of one another and in case of ambiguities or discrepancies the same shall be explained and adjusted by the Engineer-in-charge and/or the consultant as the case may be who has thereupon issue instructions directing in what manner the work is to be carried out to the contractor EXCAVATED MATERIAL The contractor shall not sell or otherwise dispose off or remove except for the purpose of the contract sand, stone, clay, ballast, earth rock or other substances or material which may be obtained from any excavation made for the purpose of the work or any building or produces upon the site at the time of delivery of the possession thereof and all such substances materials buildings and produce shall be the property of the corporation provided of course that the contractor may with the permission of the Engineer use the same for the purpose of the works at such rates as may be determinated by the Engineer EVERYTHING AT CONTRACTORS RISK The contractor shall undertake all risks and liabilities whatsoever arising out of the works including by the way of implication but not by way of limitation are risks attendant on the nature of site, the soil, sub-soil and quantities of water to be pumped, discharge of water rains, traffic delays and any other cause whatsoever nature whether within or beyond contractor s control which may happen on any way howsoever to the works shall be made good by the contractor at his own risk STATUTORY APPROVAL The contractor shall, on behalf of Oushadhi, obtain statutory approvals including preliminary and prior approvals if any from local authorities, Factory Inspector, pollution control board, Electrical Inspectorate/Central Electrical Authority KSEB, etc. The Contractor shall get the approval and safety certificate from the Inspectorate after completion of the work prior and before energisation. The Contractor shall be responsible for obtaining necessary certificates, drawings, etc, required to be submitted to statutory bodies, from competent and licenced authority. Nothing, other than the quoted rate shall be paid extra for obtaining statutory approval. However statutory fee paid to this effect shall be reimbursed on production of documentary evidence.

21 Time and Progress Chart 3. EXECUTION OF WORK A detailed time and progress chart for the execution of various items of work within the overall period of completion shall be prepared jointly by the Engineer and the contractor signed by both the parties and shall be adhered to The consultant/ client reserves the right to take out of contract any item of the work and alot it to any agency at the risk and cost of the contractor if in the opinion of the consultant/client that the progress of the work is unsatisfactory. The consultant/ client shall not entertain any claim from the contractor as a result of such action on the part of the consultant/ client. 3.2 Compliance to Engineer s Instructions The Engineer shall direct the sequence in which the several parts of the works shall be executed and the contractor shall execute without delay all orders given by the Engineer from time to time but the contractor shall not be relieved thereby from his/ their responsibility for the due performance of the work in all respects. 3.3 Alterations to be Authorised No alteration in or additions to or omissions or abandonment of any part of the works shall be deemed authorised except under instructions in writing from the Engineer / management and the contractor shall be responsible to obtain such instructions in each and every case. 3.4 Adherence to Specifications and Drawings The whole of the works shall be executed in perfect conformity with the technical specifications/ item specifications and drawings of the contract. If the contractor performs any work in a manner contrary to the specifications or drawings or any of them and without such reference to and approval from the Engineer in writing he shall bear all the costs arising or ensuing there from and shall be responsible for all loss to the client/ consultant. 3.5 Drawings and Specifications on the Works and Ownership thereof Any discrepancy between the specifications and the drawings or any error, omission or ambiguity in the specifications and the drawings shall not invalidate the contract. The contractor shall immediately on noticing any such discrepancy, error, omission or ambiguity bring the same to the notice of the Engineer. Any work done by the contractor after discovery by him such discrepancy, error, omission or ambiguity without authorisation by the Engineer will be entirely at the contractor s risk and costs.

22 Any work for which no specifications or drawing have been prescribed or issued by the consultant shall be carried out by the contractor in all respects in accordance with the instructions and requirements of the Engineer The drawings enclosed with the tender documents shall a part of the specifications and are intended to define the general construction of the work required. All the drawing shall be for tender purposes only and shall not be certified for construction. The contractor will receive the certified construction drawings marked Released for Construction from the consultant after award of the firm contract, in stages as required by the progress of works at site The drawing for the work as listed in the tender document show the conditions, as they are believed by the consultant to exist based upon the interpretation of field observations. It is not intended or to be inferred that the conditions as shown thereon constitute a representation what such condition do actually exist nor shall the contractor be relieved of the liability under his/their contract to the client nor any of its representatives /consultants be liable for any loss sustained by the contractor as a result of any variance between conditions as shown on the drawings and the actual conditions revealed during the progress of the work or otherwise. The contractor shall check all drawings furnished to immediately upon their receipt and shall promptly notify the Engineer of any omission or discrepancies. Omissions from the drawings or the misdescribed details of work and they shall be performed as if fully and correctly set forth and described on the drawings. In case of conflicts between the specifications and the drawings, the specifications shall govern unless otherwise instructed by the engineer-in-charge Revisions of the drawings may be done as and when deemed necessary by the Engineer. During the progress of the work additional detailed drawings will be furnished to the contractor. These additional drawings shall be considered as forming a part of the contract. 3.6 Meaning and intent of Specifications and Drawings If any ambiguity arises as to the meaning and intent of any provisions of the specifications and drawings or as to execution or quality of any work or any material or as to the measurement of works the decision of the Engineer thereon shall be final. 3.7 Work on Holidays and During Night The contractor shall not carry out any work on holidays and during night time between 7p.m. and 7a.m. without the prior permission of the Engineer in writing. 3.8 Damage to Client s property or Private Life and Property The contractor shall be responsible for all risks to the works and for trespass and shall make good at his own expense all loss or damage whether to the works themselves or any other property of the client or the lives of persons or property of other from whatsoever cause in connection with the works until they are taken over by the client and although all reasonable and proper precautions may have been taken by the

23 23 contractor and in case the client/consultant shall be called upon to make good any such costs,loss or damages or to pay compensation (including that payable under the provisions of the Workmen s Compensation Act or any statutory amendments thereof) to any person or persons sustaining damage as aforesaid by reason of any act or any negligence or omission on the part of the contractor the amount of any costs or charges (including costs of charges in connection with legal proceedings) which the client/consultant may incur in reference there to shall be charged to the contractor. The client/consultant shall have the power and right to pay or to defend or compromise any claim of threatened legal proceedings being instituted consequent on the action or default of the contractor to take such steps as may be considered necessary or desirable to ward off or mitigate the effect of such proceedings, charging to the contractor, as aforesaid any sum or sums of money which may be paid and any expenses whether for reinstatement or otherwise which may be incurred and the propriety of any such payments, defence of compromise and the incurring of any such expenses shall not be called in question by the contractor. 3.9 Shed, Store House and Yards The contractor shall at his own expense provide the sheds, store houses and yards in such situations and in such numbers as in the opinion of the Engineer is requisite for carrying on the works. He shall obtain from the Engineer in writing approval to the layout of the sheds, storehouses and the extend of area to be enclosed by the yard before undertaking construction thereof. The contractor shall keep at each of such sheds, store houses and yards a sufficient quantity of materials and plant in stoke as not to delay the carrying out of the works and the client/consultant and their representatives shall have free access to the said sheds, store houses or yards at any time for the purpose of inspecting the stock of materials or plant so kept in hand, and any materials or plant which the Engineer may object to shall not be brought upon or use in the works, but shall be forthwith removed from the sheds, store house or yard by the contractor. The contractor shall at his own expense provide and maintain suitable construction plant like mixers, compressor, welding sets, mortar mills and soaking vats or any other equipment necessary for the execution of the works Workmanship and Testing The whole of the works and/or supply of materials specified and provided in the contract or that may be necessary to be done in order to form and complete any part thereof shall be executed in the best and substantial workman like manner with materials of the best approved quality of their respective kinds, agreeable to the particulars contained or implied by the specification and as referred to in and represented by the drawings or in such other additional particulars, instructions and drawings as may be found requisite to be given during the carrying on the works and to the entire satisfaction of the Engineer according to the instructions and direction which the contractor may from time to time receive from the Engineer. All the tests of materials to ensure the quality should be done at the contractor Removal of Improper works and Materials The Engineer or the Engineer s representative shall be entitled to order from time to time, the removal from the site within the time specified in the order of any materials

24 24 which in his opinion are not in accordance with the specifications or drawings and substitution of proper and suitable materials The removal; and proper execution (notwithstanding and previous tests thereof or on account payments therefore) of any work in which in respect of materials or workmanship is not in his opinion in accordance with the specifications and in case of default on the part of the contractor in carrying out such order the client shall be entitled to rescind the contract Facilities for Inspection The contractor shall afford the Engineer/consultant/client and their representatives every facility for entering in and upon every portion of the work at all hours for the purpose of inspection or otherwise and shall provide all labour, materials, planks, ladders, pumps, appliances and things of every kind required for the purpose and client/consultant/ Engineer and the Engineer s representatives shall at all times have free access to every part of the works and to all places where materials for the works are stored or being prepared Examination of Work Before Covering Up The contractor shall give notice of not less than 5 days in writing to the Engineer or the Engineer s representative whenever any work or materials are intended to be covered up in earth, in bodies or walls or otherwise to be placed beyond the reach of measurement, in order that work may be inspected or that correct dimensions may be taken before being so covered/placed beyond the reach of measurement, in default whereof the same shall at the opinion of the Engineer or the Engineer s representative be uncovered and measured at the contractor s expense and no allowance shall be made for such work or materials for the purpose of payments Temporary Works All temporary works necessary for the proper execution of the works shall be provided and maintained by the contractor subject to the consent of the Engineer. Such works shall be removed by him at his expense when they are no longer required and in such manner as the Engineer shall direct. In the event of failure on the part of the contractor to remove the temporary works, the Engineer will cause them to be removed and cost as incurred by supervision and other incidental charges shall be recovered from the contractor. If the contractor s labour refuse to vacate and have to be evacuated by the client/consultant necessary expenses incurred by the client/consultant in connection therewith shall be borne by the contractor Water Supply The contractor shall have to make his own arrangements for supply of water at his cost. All plumbing installations, pipe network and distribution system shall have to be carried out by the contractor at his own cost. However, in case water sources are available with the client, the contractor may be permitted to make use of the same from a point along the existing line in which case charges shall be recovered for the water consumed at the presently prevailing rates of the client. In case contractor uses water from and existing source of the company, the client /consultant will not be

25 25 responsible for any variation in the quantity of such water being supplied. In the event of any failure, interruption or stoppage of water, the contractor shall have no claim whatsoever against the client/ consultant. For any water supply failure, stoppage or interruption, the contractor shall make alternate arrangements for water supply at his own cost. The contractor shall make his own arrangements for providing water supply to the camps housing his personnel independent from the source of construction water supply referred to above Power Supply The contractor shall have to make his own arrangements for drawing power from a point at his cost and shall install necessary measuring devices. All the works shall be done as per IEA regulation and passed by the Engineer-in-charge. The temporary lines shall be removed by the contractor at his cost after completion of the work if there is any hindrance to the other works due to the alignment of these lines. However, in case adequate power supply is available with the client, the contractor may be permitted to make use of the same from a point along the existing line in which case the charges shall be recovered from the contractor for the electric power consumed at the prevailing rates of the client Roads and Water Courses Existing roads or water courses or pipes, electrical and telephone lines and conduits shall not be blocked, cut through, alerted, diverted or obstructed in any way by the contractor except with the permission of the Engineer in writing. All compensations claimed for any authorised closure, cutting through, alteration, diversion or obstruction to such roads or water courses etc. by the contractor or his agent or his staff shall be recoverable from the contractor by deduction form any sums which may be due to him in terms of the contract or otherwise according to law Use of Explosives Explosive shall not be used on the works or in the site by the contractor without the permission of the Engineer in writing and then only in the manner and to the extent to which such permission is given. When explosives are required for the works they shall be stored in a special magazine to be provided at the cost of the contractor and the contractor shall obtain the necessary licence for the storage and the use of the explosives and all operations in which or for which explosives are employed shall be at the sole risk and the responsibility of the contractor and the contractor shall indemnify the client/consultant in respect thereof Handing Over of Works The contractor shall be bound to hand over the works executed under the contractor to the client, completed in all respects in accordance with the specifications and drawings laid down in the contract and to the satisfaction of the Engineer. The Engineer shall determine the date on which the work is considered to have been completed in support which his certificate shall be regarded as sufficient evidence for all purposes. The Engineer shall determine from time to time the date on which any particular section of the work shall have been completed and the contractor shall be bound to observe any such determination of the Engineer.