Regd.& Corporate Office: INKEL Centre, Off Vallathol Junction, Seaport-Airport Road, Thrikkakara, Cochin TENDER DOCUMENT

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1 Regd.& Corporate Office: INKEL Centre, Off Vallathol Junction, Seaport-Airport Road, Thrikkakara, Cochin TENDER DOCUMENT Supply laying testing and commissioning of 11 KV 3C x 300 sq.mm XLPE UG Cable from 66 KV KSEB Kariad substation to SDM INKEL premises at Angamaly

2 BID SYNOPSIS 1 Tender No. 16/INKEL/EKM/ Name & Address of the Authority, Venue of receipt of Tender INKEL LIMITED INKEL Centre, Off Vallathol Junction, Seaport-Airport Road, Thrikkakara, Cochin Name of Work Supply laying testing and commissioning of 11 KV 3C x 300 sq.mm XLPE UG Cable from 66 KV Kariad substation to SDM INKEL premises at Angamaly 4 Project Location Angamaly, Ernakulam a. Nearest Railway Station Angamaly b. Accessibility By Road 5 Scope of Work Electrical WORKS- HT Cable SUPPLY & laying 6 Type of Tender Item rate tender 7 Schedule of rates applicable CPWD, Delhi 8 Time of Completion 35 Days 9 Cost of Tender Document Rs. 1050/- 10 Availability of Tender Documents at INKEL website to Last Date of Receipt of Tender up to 3.00 PM 12 Date & Time of Tender opening , 3.30 PM 13 Earnest Money Deposit Rs. 1,08,000/- 14 Security Deposit 5% of Contract amount 15 Retention Percentage from Running/Final Bill 16 Validity Period of Tender 120 days 17 Defects Liability Period 12 Months 10% of the value of RAB, subject to maximum of 5% of the Contract Amount. 18 Minimum interim Bills 25% of the contract value / once in a month 2

3 INDEX 1.00 NOTICE INVITING TENDER GENERAL CONDITIONS OF CONTRACT INSTRUCTIONS FOR FILLING THE TENDER FORM SPECIAL CONDITIONS OF CONTRACT FORMS FOR DIFFERENT DEEDS TECHNICAL SPECIFICATION SCHEDULE OF QUANTITIES... 3

4 1. 1 TENDER INVITATION NOTICE INVITING TENDER Sealed item rate tenders are invited on behalf of INKEL Limited, Established by the Government of Kerala as a company incorporated under the Companies Act, 1956 having its Registered Office at INKEL Centre, Off Vallathol Junction, Sea port Airport Road, Thrikkakara, Cochin (hereinafter referred to as INKEL) for Supply laying testing and commissioning of 11 KV 3C x 300 sq.mm XLPE UG Cable from 66 KV Kariad substation to SDM INKEL premises at Angamaly from eligible Contractors possessing appropriate class registration in CPWD, State PWD, MES, Railways, DOT/DOP, BSNL & other Government Undertakings for executing this work who fulfil the eligibility criteria prescribed in Clause ELIGIBILITY CRITERIA Contractors who fulfill the following criteria may apply: 1. The Contractor should be registered under any prevailing law in India. 2. The Tenderer should have valid A grade Contractors license from Kerala State Electrical Inspectorate. 3. All electrical works shall be carried out in accordance with the provisions of IndianElectricityAct-1910, Indian Electricity Rules, 1956 amended up to date (date of call of tender unless specified otherwise) and the state electrical inspectorate. 4. The Contractor should have minimum 5 (Five) years experience in contractual business. 5. The Contractor shall obtain a Labour License from the office of the Labour commissioner exclusively to run this contract (if awarded) and submit a copy of the same before commencement of the contract. 6. The Contractor should submit a copy of PAN card issued in his name or in the name of Firm. The contractor shall submit copies of the VAT / WCT and Service Tax registration forms along with copy of the PAN. 7. Experience of having successfully completed similar work(s) in last five years ending the last day of the month previous to the one in which the tenders are called. a. One Electrical HT work involving SITC of HT cables costing not less than 60 Lakhs. or b. Two Electrical HT works involving SITC of HT cables costing not less than 30 Lakhs, each. The contractor should have enough capacity in terms of personnel, labour force both skilled and unskilled, equipments, plants and machinery, qualified sub-contractors to satisfactorily complete the job in stipulated time. 4

5 1.3 PURCHASE OF TENDER DOCUMENT The general information on the project may be found from the tender document. The information is only indicative. The tenderers are required to visit the site and familiarize themselves with the site conditions, nature of substrata, availability of construction materials, etc., before quoting. The drawings, conditions of contract, schedule of quantities and the specifications may be carefully studied before they offer their prices. No claims for extra compensation over and above the quoted rates will be entertained by INKEL on the ground that the tenderer have misjudged site conditions, nature of substrata, tender conditions or any item of tender. The tender documents can be downloaded from INKEL website from to The cost of tender document is to be submitted along with the completed tender (Rs.1050/- (Rupees one thousand and fifty only) in the form of DD in favour of INKEL Ltd., payable at Kochi. 1.4 RECEIPT OF TENDER DOCUMENTS The priced tender documents signed and complete in all respects shall be forwarded so that it reaches the office of INKEL Centre, Off Vallathol Junction, Sea port Airport Road, Thrikkakara, Cochin on or before 3.00 PM on Any tender received after the due time on this date will be rejected. INKEL will not be responsible for the loss, delay or non-receipt of tenders sent by mail or Courier. 1.5 MANDATORY ENCLOSURES FOR THE TENDER Tenderer shall deposit a sealed envelope superscribed Tender No 16/INKEL/EKM/ for the Supply laying testing and commissioning of 11 KV 3C x 300 sq.mm XLPE UG Cable from 66 KV Kariad substation to SDM INKEL premises at Angamaly enclosing the following in the sealed envelope. 1a. Earnest Money Deposit with an Unconditional Acceptance Letter b. Proof for eligibility criteria 2. Tender Drawings 3. Signed Tender documents 4. Preliminary agreement duly executed on non-judicial stamp paper of value not less than Rs.100/- as per Performa attached. 1.6 SUBMISSION OF TENDER Tender shall be submitted in two separate sealed covers as given below, superscribing the name of work, due date & time address of INKEL and the address of the tenderers. criteria. Cover 1.a. EMD in the form of Demand Draft and Proof for eligibility Cover 2. a. All Tender papers duly quoted and signed 5

6 1.6.2 The cover 2 of tender of those tenderers will be opened only who gives an unconditional acceptance of the INKEL tender conditions, EMD and proof for eligibility criteria in cover 1 only Submission of a tender by a tenderer implies that he has read this notice and all other contract documents and has made himself aware of the scope and specifications of the work to be done and of conditions and rates at which stores, tools and plant, etc. will be issued to him by INKEL and local conditions and other factors bearing on the execution of the works OPENING OF THE TENDER Tender will be opened on the presence of tenderers or their authorized representatives who are present at 3.30 PM 0n in the office of INKEL, Cochin INFORMATION REGARDING TENDER After the public opening of the tenders, the information relating to the examination, clarification, evaluation and comparison of tenders and recommendations concerning the award of contract shall not be disclosed to the tenderer and other persons not officially concerned with such process Subject to INKEL s right to accept any tender and reject any or all tenders; the work will be awarded to the tenderer whose bid has been determined to be substantially responsive to the tender documents and who has offered the lowest Evaluated Tender Price provided further that the tenderer has the capability and resources to carry out the contract effectively Prior to the expiry period of validity of the Tender, INKEL will notify the successful tenderer in writing by registered letter that his tender has been accepted. This letter (hereinafter referred as letter of acceptance) shall name the percentage rate above / below the PAC, which INKEL will pay to the Contractor in consideration of the execution completion, operation, maintenance and guarantee of the work by the Contractor as specified by the contract (hereinafter called the contract price). This letter of acceptance will constitute the formation of a contract between INKEL and the tenderer Before commencing the work and within 15 days after the letter of acceptance of the tender has been intimated to him, the tenderer shall make security deposits as given in clause 1.13 of this notice and furnish the same for the proper fulfilment of the contract and shall execute an agreement for the work in required non-judicial stamp paper in the format given as Articles of Agreement If the tenderer fails to execute the agreement as stated above within the specified period, the Earnest Money Deposit shall be forfeited to INKEL and fresh tenders called for or the matter otherwise disposed off. 1.9 REJECTION OF TENDER A tenderer shall submit a responsive bid, which satisfies each and every condition laid down in this notice, accepting all terms and conditions of the specifications and contract documents without any modifications, failing which, the tender will be liable to be rejected. 6

7 1.9.2 Tenders not properly filled, mutilated with incorrect calculations or generally not complying with the conditions are susceptible to be rejected Canvassing is strictly prohibited and the tenders submitted by the tenderers, who resort to canvassing will be liable for rejection The tender for the Works shall not be witnessed by a contractor or contractors who himself/themselves has/have tendered for the same works. Failure to observe this condition shall render the tender of the contractor tendering as well as of those witnessing the tender liable to rejection ITEM RATE TENDER As this is an item rate tender the tenderer shall make his offer as an overall percentage above, below or at par with the rates given in the Schedule of Quantities & Rates and shall be entered (both in figures & words) where called for at the end of the Schedule of Quantities & Rates. The percentage rate accepted and specified in the Work Order and/or `Agreement shall not be varied on any account whatsoever. The rate thus quoted will be deemed to include the cost of all materials, labour, hire charges for all machinery, cost of fuel, power, all leads and lifts, taxes, levies, service tax, royalties all overheads, contingencies, profits etc. and the quoted price is all inclusive and nothing extra shall be payable to the contractor except under any of the clause of the contract. The total Contract price shall also be worked out and entered in SIGNATURE OF THE TENDERER 1.12 EMD If the tender is made by an individual, it shall be signed with his full name and his complete address shall be given. If it is made by partnership firm, it shall be signed with the co-partnership name by a member of the firm who shall sign his own name and give the name and address of each partner of the firm and attach a copy of Power of Attorney with the tender authorizing him to sign on behalf of the other partners. A certified copy of the Registered Partnership Deed shall also be submitted along with the tender Earnest Money Deposit is 1,08,000/- It shall be drawn in the form of crossed demand draft in favour of INKEL Ltd., payable at Kochi valid for a minimum of 6 months EMD of the unsuccessful tenders will be refunded without any interest on finalization of the contract with the successful Tenderer or on the expiry of the validity period whichever is earlier EMD deposited with INKEL will be forfeited, if i) a tenderer withdraws his bid during the period of validity specified. ii) the successful bidder fails within the time limit to sign the contract document or fails to furnish the required security deposit On acceptance of the tender, the EMD will be treated as part of the security Deposit. 7

8 1.13 SECURITY DEPOSIT The successful tenderer on receipt of the letter of acceptance will deposit an amount equal to 5% of the probable value of contract in the form of a Bank guarantee from a scheduled public sector Bank in the format prescribed by INKEL and valid for the entire period of construction within fifteen days after the letter of acceptance EMD will be refundable to the contractor after remittance of the security Deposit and execution of the agreement The Security Deposit will be refunded to the contractor after expiry of the defects liability period RETENTION AMOUNT Retention Money at the rate of 10% of the value of work 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 5% of the executed value of the work. On expiry of the defects liability period or on payment of the amount of the Final Bill whichever is later, the Engineer-in-charge, shall on demand from the contractor refund to him the security deposit and retention amount provided that the Engineer-in-charge is satisfied that there is no demand outstanding against the Contractor Provided that when the Retention amount reaches a limit of 5% of the contract value or on completion of the work, if the Contractor so demand may convert the amount into one of the Government securities, or Bank guarantee from any nationalized bank; the bank guarantee being valid till the completion of the defect liability period All the deposits of EMD, SECURITY DEPOSIT and RETENTION MONEY will not bear any interest whatsoever INCOME TAX Income-tax at the rate prevailing at the time of payment will be deducted from each running bill and final bill as per the provisions of the act STATUTORY PAYMENTS All statutory payments in connection with the employment of the workmen for this work will be borne by the Contractor The contractor is the employer of all the worker s engaged for this work and should therefore take all required registrations and pay premium correctly to labour welfare funds constituted by the Union Government and Government of Kerala from time to time All statutory deductions shall be made from the amount eligible to the contractor in each part bill at current rates. The deduction towards the work contract tax shall be 8

9 as per the prevailing rates of Kerala Government Sales Tax rules, Any tax omitted, to be deducted in any part bill shall be deducted in the subsequent bills/final bill Sale Tax, Work Contract Tax, Excise/Customs duty or any other taxes or statutory levies applicable to this contract shall be payable by the Contractor and INKEL will not entertain any claim whatsoever in this respect PERIOD OF VALIDITY The tender shall remain valid for acceptance for a period of 4 months (120 days) from the date of submission of the tenders. If any tenderer withdraws his tender before the said period or makes any modifications in terms and conditions of the tender, then INKEL has the liberty to forfeit the said Earnest Money Deposit INSPECTION OF SITE Every tenderer is expected to inspect the site of the proposed work and acquaint himself with the site conditions of substrata, approaches, availability of raw materials, geological and weather conditions, etc., before quoting his rates. He must go through all the drawings, specifications and other tender documents. Any further clarification in the drawings and documents can be had from INKEL at the above mentioned address QUANTUM OF WORK A schedule of approximate quantities for various items accompanies this tender. It shall be definitely understood that INKEL does not accept any responsibility for the correctness or completeness of this schedule in respect of items and quantities and this schedule is liable to modification by deletions, deductions or additions at the discretion of INKEL without affecting the terms of the contract INKEL reserves the right to increase or decrease the quantum of work at site without assigning any reason Variations in the quantities put to tender will not be the basis of any claim or disputes. The rates agreed by the contractor shall hold good for any amount of variation in the quantities and no claims whatsoever will be entertained on this amount. The contractor shall carryout all works as directed by INKEL at the same agreed rates ALL INCLUSIVE RATES The contractor s rate must be firm and include the cost of transportation of materials to the site, all taxes such as Sales Tax, Excise, etc. and the fixing or placing in position for which the item of work is intended to be operated. The rates quoted by the contractor shall be firm throughout the contract period and there shall be no upward revision of the rates quoted by the contractor for any reasons whatsoever. It should be clearly understood that any claims for extra Sales Tax, Excise duty, Construction tax or any additional tax, etc., shall not be entertained in any case whatsoever once the tenders are opened. 9

10 1.21 INTERPRETING SPECIFICATIONS In interpreting the specifications, the following order of decreasing importance shall be followed: a. Specification mentioned in Schedule of Quantities b. Technical Specifications c. Special conditions of contract d. Drawings Matters not covered by the specifications given in the contract, as a whole shall be covered by the relevant Indian Standard Codes. If such codes on a particular subject have not been framed, the decision of INKEL shall be final REJECTION OF THE TENDER ON ACCOUNT OF MODIFICATIONS No modifications shall be made by the tenderer in the Notice Inviting Tender, Instructions to the contractors, Tender form, General conditions of contract (GCC), Special conditions of contract, drawings, technical specifications and schedule of quantities. A modification is one which affects in any way, the quality, quantity and period of completion of the work or which limits in any way the responsibilities or liabilities of the Tenderer or any right of INKEL as required in the specifications and contract documents. Any modification in the terms and conditions of the tender which are not acceptable to INKEL shall also be treated as a major modification. If any such modifications are made or any conditions attached, the tender is liable to be rejected ACCEPTANCE OF THE TENDER The acceptance of a tender rests with INKEL who does not bind himself to accept the lowest tender and reserves the authority to reject any or all the tenders received without assigning any reason(s) whatsoever INKEL reserves the right of accepting the whole or any of the tenders received and the tenderer shall be bound to perform the same at the rates quoted The work shall be carried out under the direction and supervision of INKEL or its authorised representatives at site. On acceptance of the tender, the contractor shall intimate the name of his accredited representative(s) who would be supervising the construction and would be responsible for taking instructions for carrying out the work LETTER OF ACCEPTANCE The Letter of Acceptance will be issued in writing to the successful tenderer by INKEL. The contract will normally be awarded to the qualified and responsive Bidder offering the lowest evaluated bid in conformity with the requirements of the specifications and contract documents and INKEL shall be the sole judge in this 10

11 regard. INKEL does not bind itself to accept the lowest or any tender or to give any reason for its decision 1.25 QUALITY OF MATERIAL AND WORKMANSHIP INKEL s decision with regard to the quality of the material and workmanship will be final and binding on the contractor. Any material rejected thus shall be immediately removed by the contractor and replaced by materials as per specifications and standards SUB-LETTING No part of the contract shall be sub-let without the written permission of INKEL nor shall transfers be made by the Power of Attorney authorizing others to carry out the work, or receive payment on behalf of the tenderer DEFECTS LIABILITY PERIOD Any defect developed within the Defect Liability Period of Twelve months will have to be rectified by the contractor at their own cost and in case the defects are not rectified by the contractor, INKEL or its authorised representative shall get the work done at the risk and cost of the contractor DELAYS IN COMMENCEMENT The contractor shall not be entitled to any compensation for any loss suffered by him on account of delays in commencing or executing the work, whatever be the cause for such delays including delays in procuring Government Controlled or other materials INSPECTION BY THE CONTRACTOR The contractor should inspect the source of materials, their quality, quantity and availability. All materials must strictly comply with the relevant B.I.S specifications CO-ORDINATION OF WORK The contractor must co-ordinate with other contractors involved in other works within the site to minimize the disruption of works SITE CLEARANCE BEFORE COMMENCEMENT OF WORK (This clause stands deleted since the work involved is paid for separately) PERIOD OF CONSTRUCTION Time is the essence of this contract. The construction period shall be Thirty Five Days. Commencement of the work shall be considered from the 15 th day of receipt of letter of acceptance. The contractor shall draw a detailed schedule of programme in the form of PERTCHART and a BAR CHART on whole work, within one week of award of work and submit to INKEL for their approval. 11

12 1.33 OCCUPATION IN PART If INKEL wants to occupy areas in part, the contractor shall complete the work of these areas in conjunction with INKEL and hand over the same to INKEL without affecting any of the clauses of contract agreement LIQUIDATED DAMAGES In case of delay in completion of the contract, liquidated damages (L.D) may be levied at the rate of half per cent (½%) of the contract price per week of delay, subject to a maximum of 10 per cent of the contract price INKEL, if satisfied, that the works can be completed by the contractor within a reasonable time after the specified time for completion, may allow further extension of time at its discretion with or without the levy of L.D. In the event of extension granted being with Liquidated Damages, INKEL will be entitled without prejudice to any other right or remedy available in that behalf, to recover from the contractor as agreed damages equivalent to half per cent (½%) of the contract value of the works for each week or part of the week subject to the ceiling defined in sub-clause INKEL, if not satisfied with the progress of the contract and in the event of failure of the contractor to recoup the delays in the mutually agreed time frame, shall be entitled to terminate the contract In the event of such termination of the contract as described in the owner shall be entitled to recover Liquidated damages up to ten per cent (10%) of the contract value and forfeit the security deposit made by the contractor besides getting the work completed by other means at the risk and cost of the contractor CONTRACTOR S STORE AND SITE OFFICE Suitable area in the site of work shall be allowed to the contractor free of cost for constructing temporary structures for storing his tools and plants, materials, site office and cement godown. However, the structure will be provided by him at his own expense and he will be solely responsible for guarding his property with requisite insurance against theft, fire etc. The contractor however will have to dismantle the sheds and vacate the land of all debris, etc. at his own expense after completion of work MEASUREMENT AND BILLING Wherever mode of measurement is not specified, the measurement will be taken at site as per the latest BIS code of practice for measurement The contractor or his representative shall accompany INKEL or its authorised representative in taking measurement and shall agree to the measurement taken on spot. All necessary tapes shall be of steel and shall be supplied by the contractor. The contractor shall then present his bill based upon the agreed and recorded measurements and as per the directions of INKEL. If the contractor fails to 12

13 accompany INKEL s representatives for measurements, then he shall be bound by the measurement taken by INKEL or their representative The contractor shall raise bills once a month or for a minimum payment of 25% of contract value Payment towards all interim bills will be made by INKEL within 30 days of presentation by the contractor Period of final measurement shall be one month from the time of completion of the project EXTRA ITEMS Any item of work that do not find a place in the schedule of quantities, in the original tender or in the accepted tender which has been directed by INKEL to execute is deemed as an extra item of work. All such works that are necessary to be carried out under the direction of INKEL shall be carried out by the contractor. No such variation will violate the Contract Extra items of work thus carried out by the contractor will be paid at the rates worked out by INKEL WATER AND ELECTRICITY The contractor shall make his own arrangement for water and electricity required for the work. INKEL shall take no responsibility for the supply of either electricity or water INSURANCE The successful tenderer shall take out Contractor s All Risk (CAR) insurance policy, jointly in the name of INKEL and the contractor, and the original policy shall be deposited with INKEL. This Notice Inviting Tender (NIT) will form part of the tender document and the agreement executed by the successful tenderer. Place: Date: INKEL Limited INKEL Centre, Cochin

14 SUMMARY OF NOTICE INVITING TENDER 1. Defects liability period : Twelve months 2. Period of final measurement and valuation : One month 3. Date of commencement of work : 15 th day from the date of receipt of Letter of Acceptance 4. Period of completion of work : 35 days 5. Interim Payments contract : Once a month for minimum value of 25% of contract amount. 6. Earnest Money Deposit : 1,08,000 /- 7. Security Deposit : 5% of contract value for each part. 8. Retention Money : 10% of each running bill, limited to 10% of executed value less Security Deposit 9. Firm period of tender : Four months from the date of opening of Tender 10. Escalation : No Escalation 11. Liquidated damages/penalty : 1/2% per week of delay, maximum of 10% of Contract value INKEL Limited INKEL Centre, Off Vallathol Junction, Sea port Airport Road, Thrikkakara, Cochin

15 GENERAL CONDITIONS OF CONTRACT INTERPRETATIONS AND DEFINITIONS Singular & Plural: Where the context so requires, words importing the singular only also include the plural and vice versa Headings and Marginal Notes to Conditions: Headings and marginal notes to these General Conditions as well as NIT shall not be deemed to form part thereof or be taken to consideration in the interpretation or construction thereof or of the contract Words and Expressions: In the contract (as hereinafter defined), the following words and expressions shall have the meaning hereby assigned to them except where the contract otherwise requires The OWNERS / AUTHORITY shall mean INFRASTRUCTURES KERALA Ltd. (INKEL) having its corporate and registered office at Cochin and includes duly authorised representatives of INKEL or any other person empowered in this behalf by INKEL, for the present or any other competent agency duly appointed by INKEL to act as INKEL for the purpose of the contract, to discharge all or any of its functions The CONTRACTOR shall mean the individual or firm or company undertaking the works and shall include legal representatives of such individual or persons composing such firm or incorporated company, or successors of such firm or company as the case may be and permitted assigns of such individual or firm or company The TENDER shall mean the tender submitted by the contractor for acceptance by INKEL The WORK shall mean and include all works to be executed in accordance with the contract or part thereof as the case may be and shall include all extras, additional, altered or substituted works required for the purpose of the contract The CONTRACT shall mean the agreement between INKEL and the contractors for the execution of the work including therein all documents such as the Notice Inviting Tender, Tender Form, General conditions of contract (GCC), Technical specifications, Schedule of Quantities, Special conditions of contract (SCC), Letter of Acceptance, agreed variation if any, drawings, work orders, and/or any other/ correspondences or negotiations, etc. All these documents 15

16 taken together shall be deemed to form one Contract and shall be complementary to one another The CONTRACT VALUE/PRICE in the case of percentage rate contracts shall mean the estimated value of the Works as mentioned in Schedule of Quantities adjusted by the Contractor s percentage and subject to such additions thereto or deductions there from as may be under the provisions hereinafter contained and accepted by INKEL The SPECIFICATIONS shall mean all directions, various technical specifications, provisions and requirements attached to the contract which pertain to the method and manner of performing the work, and the materials to be furnished under the contract for the work as may be modified by INKEL, drawings, etc. for the performance of the contract in order to provide the unforeseen conditions or in the best interest of the work. It shall also include the latest revised version of the relevant B.I.S specification and other relevant codes The SITE shall mean the lands and/or other places on, under, in or through which the work is to be executed under the Contract including any other lands or places which may be allotted by INKEL or used for the purposes of the Contract The LETTER OF ACCEPTANCE shall mean intimation by letter, telegram, telex or fax to the tenderer that the tender has been accepted in accordance with the provisions contained therein The ENGINEER-IN CHARGE shall mean the Engineering Officer appointed by INKEL or its duly authorised representative who shall direct, supervise and be in charge of the works for any purpose of this contract TEMPORARY WORKS shall mean all temporary works of every kind required in or about the execution, completion or maintenance of the Works FORM means forms appended to these regulations LABOUR means workers employed by a contractor directly or indirectly through a sub-contractor, or by an agent on his behalf The term SUB-CONTRACTOR used herein refers to a party or parties having a direct contract with the Contractor, to whom any part of the contract has been sublet by the Contractor with the consent in writing of the Engineer-in-Charge DRAWINGS means the Drawings referred to in the contract and any modification of such drawings approved in writing by the Engineer-in-Charge and such other drawings as may from time to time be furnished or approved in writing by the Engineer-in-Charge, as well as shop drawings which may have to be prepared by the Contractor and are approved by the Engineer-in-Charge When the words Approved, Subject to approval, satisfactory, equal to determined by, accepted, permitted, etc. are used, the approval, judgement, direction, etc. implied is understood to be a function of the Engineer-in- Charge and shall have the same effect as if performed by INKEL. 16

17 2. 2. SITE The intending tenderer shall inspect and examine the site and its surrounding and shall satisfy himself before submitting his tender as to the nature of the ground and subsoil (as far as is practicable), the form and nature of the Site, the quantities and nature of work and materials necessary for the completion of the works and the means of access to the Site, the accommodation he may require and ensure the availability of communication facilities, water sources and power. The tenderer shall obtain all necessary information as to risks, contingencies and other circumstances which may influence or affect his tender. No extra charges consequent on any misunderstanding or otherwise shall be allowed Entry into the project area will be restricted SCOPE OF WORK The Scope of work essentially consists of activities covered in the Bid Synopsis The scope of work further includes variation or modification of design, quantity or quality of work, addition, omissions or substitution of any work, under the instruction of INKEL. Such instructions shall be complied forthwith The contractor shall provide all necessary labour, materials, equipments, management and supervisory personnel to complete the works provided under this contract in time ASSIGNMENT AND SUB-CONTRACTING Assignment The contractor shall not assign the contract or any part thereof for any benefit on interest therein or there under without the written permission of INKEL Sub-contracting The contractor shall not sub-contract the whole of the contract. The contractor shall not sub-contract any part of the works without the written consent of INKEL and such consent, if given, shall not relieve the Contractor from any liability of obligation under the contract and the Contractor shall be responsible for the acts, default and neglects of the subcontractor, his agents, employees or workmen as fully as if they were the acts, defaults or neglects of the Contractor or his agents, servants, or workmen DRAWINGS The drawings, if any, shall be supplied with the tender documents. These drawings shall be signed and submitted along with the tender documents. However, these drawings are purely indicative of the scope of work. The Contractor shall prepare working drawings necessary for the approval by the Engineer-in-charge at the time of execution. 17

18 2.5.2 Issue of the drawings Drawings approved for construction if any, will be issued to the Contractor progressively during the contract period and the Contractor shall arrange for the execution of the works and the procurement of materials accordingly. The Contractor shall give adequate notice in writing to INKEL or its authorised representative regarding any further drawings or specifications that may be required for the execution of the works or otherwise under the contract Copies of the drawings to be kept at the site One copy of the drawings furnished to the Contractor as aforesaid shall be kept at the site and the same shall at all reasonable times be available for inspection and use by INKEL or its authorised representative or by any other person authorized by INKEL in writing Issue of further drawings and instructions INKEL shall have full power and authority to supply to the Contractor from time to time through its authorised representative, during the progress of the works such further drawings and instructions as shall be necessary for the purpose of proper and adequate execution and maintenance of the works and the Contractor shall carry out and be bound by the same Ownership of drawings All drawings supplied to the Contractor are deemed to be the property of INKEL. The Contractor should not divulge or use, except for the purpose of this contract, any information contained in the drawings Execution as per Drawings The Contractor must not vary or deviate from the drawings in any respect while executing the work or executing any extra work of any kind whatsoever, unless authorized by INKEL Plans and drawings to be submitted by the contractor The Contractor shall submit the following information in triplicate to INKEL for approval within the time stipulated: A general tentative layout plan of construction plant and equipments for the execution of work within 15 days from the date of receipt of the letter of acceptance Layout and details of temporary works that the contractor wants to carryout to fulfil his obligation under the contract. Within 15 days INKEL will give its approval/comments sufficient to proceed with the work or objections/instructions to the Contractor based on which the drawings shall be revised and submitted again for approval by the Contractor All these plans and drawings submitted by the Contractor and approved by INKEL shall become part of the contract. 18

19 2.6 ROYALTIES AND PATENT RIGHTS All royalties or other sums payable in respect of the supply and use in carrying out the work as desired by or referred to in the Schedule of Quantities of any patented articles, process or inventions shall be deemed to have been included in the contract price and the Contractor shall indemnify INKEL from and against all claims, proceedings, damages, costs and expenses which may be brought or made against INKEL or to which he may be put by reason of the Contractor infringing or being held to have infringed any patent rights in relation to any such articles, process and inventions. 2.7 GENERAL OBLIGATIONS Inspection of site before submission of tender The Contractor shall inspect and examine the site and its surroundings, and shall satisfy himself before submitting his tender, as to the nature of the ground, form and nature of the site, the quantities and nature of work and materials and its availability, required for the completion of works, the means of access to the site, the local labour conditions, the accommodation he may require and in general shall obtain all necessary information as to the risks, contingencies and other circumstances which may influence or affect his tender Sufficiency of tender The Contractor shall be deemed to have satisfied himself before tendering as to the correctness and sufficiency of his tender for the works and of the rates and prices quoted in the Schedule of Quantities, which rates and prices shall, except as otherwise provided, cover all his obligations under the Contract and all matters and things necessary for the proper completion and maintenance of the works Clarification before submitting tender Should the Contractor notice any discrepancy or error in the statement made, or quantities or units shown against items, he shall immediately bring to the notice of INKEL and obtain the clarification before submitting the tender. The tender shall be based on such clarifications received and shall be recorded as such in the covering letter to the tender, failing which INKEL shall have the right to ask the Contractor to execute the work according to the statement made or quantities or units shown in the tender, without any compensation Rates quoted for finished work The rates quoted in the tender by the Contractor must be for the finished work as per the drawings and specifications Location of work Unless specifically mentioned in the item, the work described therein may be at any location or elevation Tender open for acceptance The tender shall remain open for acceptance for a period of 4 months from the date of submission of the tender. 19

20 2.7.7 Commencement of work The Contractor shall commence the work at site, within 15 days of issue of the Letter of Acceptance or handing over of the site or being advised by INKEL unless otherwise specified, and shall proceed with the same with due expedition Programme of work Soon after the issue in writing of the Letter of Acceptance, the contractor shall submit to INKEL for his approval, a programme to match with the planned completion of the whole job showing the order of procedure and method in which he proposes to carry out the works and shall whenever required by INKEL or its authorised representative, furnish further detailed programme and particulars in writing of the Contractor s arrangements for carrying out the works and of the constructional plant and temporary works, which the Contractor intends to supply, use or construct as the case may be. The submission to INKEL and approval by INKEL or its authorised representative of such programmes or particulars shall not relieve the Contractor of any of his duties or responsibilities under the contract Contractor s Employees The Contractor shall provide and employ at site in connection with the project management, all the personnel they have offered to employ in the pre-qualification papers filed before INKEL, if any. Only such technical assistants who are skilled and experienced in their respective fields and such-agents, foreman and leading hands who are competent to give proper supervision of the work are required to supervise and, Such skilled, semi-skilled and un-skilled labour as is necessary for the proper and timely execution and maintenance of works Removal of Workmen INKEL shall be at liberty to object to and require the contractor to remove forthwith from the works any person employed by the Contractor in or about the execution or maintenance of the works who in the opinion of INKEL, misconduct himself or is incompetent or negligent in the proper performance of his duties or whose employment is otherwise considered by INKEL to be undesirable and such person shall be replaced by the Contractor without delay by a competent substitute approved by INKEL Communication to be in writing All references, communications, correspondences made by INKEL, or its authorised representative to the Contractor concerning the works shall be in writing and no reference, communication, or complaint which is not in writing, shall be recognized. 20

21 Occupation and use of land No land, building belonging to or in the possession of INKEL Limited shall be occupied by the Contractor. The Contractor shall not use, or allow to be used, the site for any purpose other than that for executing the works Construction of site-shed Any site-shed, proposed to be temporarily constructed by the Contractor for his office work, storage of materials, etc. shall conform to the standard sketch, or to the plan approved by INKEL. Permission for the construction of such sheds shall be obtained in writing Materials and tools All materials required for the execution of the works other than those mentioned in the Notice Inviting Tender shall be supplied by the contractor. Materials so supplied shall have the approval of INKEL before use in the works. All the rejected materials shall be removed at once from the site of work at the Contractor s own cost Payment of Tollages The Contractor shall pay all tollages and other royalties, rent and other payments or compensations, if any, for getting stone, gravel, sand, clay and all other materials required for the works Setting Out The Contractor shall be responsible for the true and proper setting out of the works and for the correctness of the position, levels, dimensions and alignment of all parts of the works and for the provision of all necessary instruments, appliances and labour in connection therewith. If at any time during the progress of the works any error shall appear or arise in the position, level, dimensions or alignment of any part of the works, the Contractor on being required to do so by INKEL or its authorised representative, shall at his own cost rectify such errors to the satisfaction of INKEL or its representative. The checking of any setting out shall not relieve the Contractor from the responsibility of true and proper setting out of the works. The Contractor shall provide all necessary instruments, appliances and labour required by INKEL or its authorised representative for checking if any, of the setting out. The Contractor shall carefully protect and observe all bench marks, site levels, pegs and other things used in setting out the works. The rates quoted for the work shall also include the cost of reference and level pillars and other dismantling, when no longer required Damages to persons and property The Contractor shall indemnify and keep indemnified INKEL against all losses and claims for injuries or damages to any person or property whatsoever which arise out of or in consequence of the construction and maintenance of works and against all claims, demands, proceedings, damages, costs, charges, expenses whatsoever in respect thereof or in relation thereto. 21

22 Co-operation with other agencies The Contractor shall co-operate with the work of other agencies or Contractors that may be employed or engaged by INKEL and as far as it relates to the Contractor s work. The sequence of work shall be so arranged that the work of other agencies can also progress simultaneously Barricade around excavated trenches, etc. The Contractor shall at his own cost provide around excavation, temporary barricading with bellies and bamboo with warning signals during day and night and shall maintain it so long as the trenches are not filled up. Similar barricades shall also be provided at all dismantling work, erection of structural, sheeting work, etc. No extra claim shall be entertained for providing, maintaining and removing such barricades Fabrication drawings Contractor shall prepare at his own cost all fabrication drawings of all structural steel works and bar bending schedule for R.C.C works and submit them to INKEL for their approval at least before 7 days of commencing the fabrication. All the details like sizes, capacities, dimensions, arrangement of fabrication, etc. should be clearly indicated in these drawings Protection of underground services The contractor must take precautionary measures to protect the underground and other service lines viz. cables, water and sewer lines etc. and observe any special instructions which may be given in this regard by INKEL Dewatering trenches and pits The tendered rates shall always be deemed to have taken into account the cost of removal of silt and materials that may slip in the trenches and pits and dewatering the trenches and pits of water accumulated or collected through seepage or subsoil water or rain water. The contractor shall in no case be entitled to claim any extra amount for the above work. The contractor shall remain prepared with necessary pumps and equipment for dewatering the trenches or pits so as to avoid unnecessary delay and possible damages to the property Work in or around operating plant or offices etc. Where the work is being carried out in or around an operating plant where the plant must be uninterrupted, the Contractor shall work only at specified place and times as mutually arranged between the Contractor and INKEL. Similar arrangement must be made while executing works inside the offices, buildings, etc. without causing disturbance to the office work. For this, the work may be required to be done during off-hours and Sundays. No extra will be allowed beyond the rates quoted for doing work in the manner described above. 22

23 Work in shifts and on off-days The Contractor shall work in one or more shifts as also on Sundays and off days to complete the work on time, if so required by INKEL for which INKEL shall not be liable to pay any extra. If instructed by INKEL, the Contractor should carry out the work in the night also Site order book A site order book must be maintained and always be available at site to record the instructions by INKEL or its authorised representative. The Contractor must see that the instructions noted therein are properly carried out Delay in obtaining materials supplied by INKEL If INKEL has undertaken to supply any material specified in the special conditions at rates and conditions cited therein, the contractor shall keep himself in touch with day-to-day position regarding the supply of materials from INKEL and so adjust the progress of the works that the labour may not remain idle nor there be any other claim due to or arising from delay in obtaining the materials Record of materials supplied by INKEL The contractor shall maintain an account of different materials obtained from INKEL for executing the works under the contract. INKEL shall have the right to check the stock of materials at all times Materials obtained from Excavation The contractor shall treat all materials obtained during dismantling of a structure, excavation of the site for a work, etc. as property of INKEL and such materials shall be disposed off to the best advantage of INKEL according to the instructions issued by the Engineer-in-Charge Treasure Trove, Fossils etc.. All fossils, coins, articles of value or antiquity and structures and other remains or things of geological or archaeological interest discovered at the site shall be the absolute property of INKEL and the Contractor shall take reasonable precautions to prevent his workmen or any other person from removing or damaging any such article or thing. The Contractor shall immediately upon discovery thereof and before removal acquaint the Engineer-in-Charge with such discovery and carry out the Engineer-in-Charge s directions as to the disposal of the same at the expense of INKEL Safe storage of materials The contractor shall be responsible for the safe storage of materials supplied by INKEL, if any, for execution of the works. Surplus materials lost or damaged or unaccounted for or made unserviceable by the Contractor shall be charged as determined INKEL. 23