T E N D E R F O R M. To, Registrar, Tata Institute of Social Sciences Opp Deonar Bus Depot V N Purav Marg. Deonar, Mumbai

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1 T E N D E R F O R M To, Registrar, Tata Institute of Social Sciences Opp Deonar Bus Depot V N Purav Marg. Deonar, Mumbai Dear Sir, Project: Balance Civil, plumbing and electrical work for completing construction of Hostel and Extension of Dinning Hall at School of Rural Development at Tuljapur for Tata Institute of Social Sciences. I/We, the undersigned have carefully gone through and clearly understood the Tender Drawings and Tender Documents comprising of the Tender Form, Notice Inviting Tender, Articles of Agreement General Conditions of contract, Special conditions of contract, Bill of quantities and Tender Drawings prepared by your architects M/s. Rusi Khambatta Associates, Architects and Town Planners. I/We do hereby undertake to execute and complete the whole or part of the work (as desired by you) at the respective rates which I /we have quoted for all the items of the Probable Bill of Quantities and at which rates the items specified amount to Rs.. I/We have attached a Demand Draft payable at Mumbai as Earnest Money Deposit for a sum of Rs.2,50,000=00 in favour of 'Tata Institute of Social Sciences' for due execution of the work at my / our tendered rates together with any variations which shall be adjusted at prices based by the Architects on our tendered rates. In case my / our tender being accepted, I /We shall deposit a further sum of 5% of contract value less EMD by Bank Guarantee as Security Deposit, in the name of Tata Institute of Social Sciences. In the event of this tender being accepted I /We agree to enter into an agreement as and when required and execute the contract according to your Form of Agreement in default whereof, I /We do hereby bind myself / ourselves to forfeit the aforesaid deposit. I /We further agree to complete the work including in the said Schedule of Quantities within Three months I / We agree not to employ sub-contractors other than those that may be approved by your architects. I / We agree to pay Government, GST and all other taxes including labour cess etc as prevailing from time to time, and will submit relevent documents/ challans substantiating payment of all statutory levies time to time to Client/Architect. Yours faithfully, Contractor s Address Date:

2 NIT No:- TISS/IDS/Tuljapur/Tender/001 NOTICE INVITING TENDER Messers Project: Balance Civil, plumbing and electrical work for completing construction of Hostel and Extension of Dinning Hall at School of Rural Development at Tuljapur dist. Usmanabad for Tata Institute of Social Sciences Dear Sirs, 1. On behalf of Registrar, Tata Institute of Social Sciences we have pleasure in inviting you to tender for the aforesaid work. Tenderer can download Notice Inviting Tender (containing Tender form, NIT & Articles of Agreement), Bill of Quantities, Tender Drawings from website of Tata Institute of Social Sciences. General Conditions of Contract and Special Conditions of contract which are part of tender document can be obtained through architect Rusi Khambatta Associates via e mail rskhambatta@gmail.com or telephone numbers / Sealed tenders in two bid system subscribing name of the work with clearly mentioning 'TECHNICAL BID' and 'PRICE BID' should be addressed to Registrar, Tata Institute of Social Sciences, Opp. Deonar Bus Depot, V. N. Purav Marg, Deonar, Mumbai and send to the above address on or before hrs on 12/04/2018 (not withstanding to date mentioned in paper advertisement). The offer shall be valid for 120days. 3. The tenderer must obtain for himself on his own responsibility and at his own expense all the information which may be necessary for the purpose of filling this tender and for entering into a contract for the execution of the same and must examine the drawings and inspect the site of the work and acquaint himself with all local conditions and matter pertaining thereto. The proposed tender is for balance work of Hostel and Dinning Hall and therefore the bidders are instructed to clearly understand the scope of work. In this connection bidders can contact stationed Site Engineer of Tata Institute of Social Sciences, Mr. Umesh Gawali ( / ). No claim will be entertained at later stage for not understanding of scope of work by the bidder. 4. The estimated cost of work based on DSR 2016 is Rs2,53,60,760=49 (Rupees two crores fifty three lakhs sixty thousand seven hundred sixty and fourty nine paise only.) Each tenderer has to quote percentage overall, Above(+) /At Par / Below(-) on the estimated cost. Each of the tender documents comprising of NIT, GCC. SCC, Tender Form, Tender Drawings and Bill of Quantities is required to be signed on each page by the person or persons submitting the tender as token of his / their having acquainted himself / themselves with the all Conditions etc as laid down. Any tender with any of the documents not so signed will be rejected. 5. Contractor is required to take Contractor's all risk policy (CAR) from an approved insurance company in the joint name of employer as beneficiary and bear all costs towards the same for the full period of execution of works including the defects liability period for the full amount of contract against all loss & damage from whatever cause arising other than excepted risks for which he is responssible under the terms of contract and in such manner that the employer and contractor are covered during the period of construction of works and/or also during the period of defect liability for loss or damage. 6. Contractor is required to take insurance cover under the workmen compensation act 1923 amended from time to time from the approved insurance company and pay

3 premium charges thereof. Whenever required by employer, contractor shall produce the policy or premium receipts. 7. Contractor shall comply with all laws applicable with workmen & supervisors employed by them and the rules framed there under like Provident Fund, ESI, minimum wages etc. The contractor shall obtain labour licence for deploying workmen at said project work and shall mentain all records of all statutory requirements and produce them to the employer. The employer shall in no event or under any circumstances be liable or responssible for any default by way of non obseverance/compliance of the said laws/rules by the contractor and the contract shall indemnify the employer against any liability and cost from any proceedings in respect thereof. Contractor shall have all license /permissions under various statutes to carry out any acivity and any default in the same would render this contract voidable apart from making contractor liable to employer towards all costs. 8. No escallation whatsoever shall be payable under this contract. This supersedes any other inpretation on escallation in GCC or SCC. 9. Running account bill payments and honouring period will be as mentioned in 'Appendix to conditions of contract' 10. No mobilization advance will be paid under this contract. 11. In case of contradiction between Indian or other applicable standards, General Conditions of contract, Special Conditions of Contract, Specification, drawing, BOQ, the following order of preference shall prevail:- a) Detailed letter of acceptance (LOI/works order) b)written communication post tender opening c)notice Inviting Tender d)bill of Quantities e)drawings f)special Condition of Contractor g)general Condition of Contract. h)cpwd works manual. 12. The contract shall be governed by NIT, SCC, GCC, Tender and form '7' & '8' for percentage rate tender as well as works manual of Central Public Works Department. 13. The deviation limits on tendered quantities as per CPWD works manual is restricted for individual item as below:- For Superstructure...30% For Sub structure...100% 14. The tender documents must be filled in English and all the entries must be made by hand and written in ink. If any of the documents are missing of unsigned, the tender shall be considered invalid. 15. All erasures and alterations made while filling the tender must be attested by initial of the tenderer. Over writing of figures is not permitted. Failure to comply with either of these conditions will render the tender void. No advice or any change in rates or conditions after submission of the tender will be entertained. 16. The intending tenderer shall deposit by Demand Draft from any bank for an amount of Rs2,50,000=00 (Rupees Two Lakh Fifty thousand only) as the earnest money as a guarantee of good faith which amount shall be forfeited as liquidated damages in the event of any evasive refusal or delay in signing the contract. The earnest money of the successful tenderer will be adjusted towards security deposit. A tender not accompanied by Earnest Money Deposit will not be considered. The EMD of unsuccessful tenderers will be returned after 15 days after issue of LOI to successful tenderer. 17 In case of his tender being accepted, the successful bidder will deposit a sum of 5% of contract value less EMD as Security Deposit, by way of Bank Guarantee in the

4 name of Tata Institute of Social Science up to end of defect liabilty period of twelve months. 18. Within one week of the receipt of intimation from the Architects of the acceptance of his / their tender, the successful tenderer shall be bound to implement the contract, by signing an agreement in accordance with the Agreement and Conditions of the contract attached herewith, but the work order or the written acceptance by Employer of a tender will constitute of binding agreement between the Employer and the person so tendering whether such formal contract is or not subsequently entered into. 19. In addition to the money paid under para 16 & 17 above, and as further security for the due fulfillment of the contract, FIVE PERCENT of the value of the work done will be deducted from each payment from the bills of contractor and held as Retention Amount upto a maximum of 5% of contract value. The total retention, excluding SD will be as stated in the clause 36 of Appendix to General Conditions of Contract. On the architect certifying to the virtual completion of the work, the contractor would be paid FIFTY PERCENT of the total retention and EMD. The balance fifty percent of retention and full security deposit will be released after successful completion of defect liability period of twelve months is over. EMD, SD and retention money held for successful completion of work by contractor will not bear any interest. 20 All compensations or other sums of money payable by the contractor to our clients under the terms of this contract may be deducted from the Security Deposit or from any sum that may be or may become due to the Contractor on any account whatsoever and in the event of the security deposit being reduced by reason of any such deductions, the contractor shall within fifteen days of being asked to do so make good in cash or cheque any sum or sums which have been deducted from his security deposit. 21. Tender rates quoted by Tenderer shall include cost of all materials, labour, plant, equipment, temporary works, tools, setting out, supervision, freight, transportation and handling, stamp duties, levies by local Municipal body, toll charges, labour cess payable to Labour Welfare Board of Maharashtra state, Royalties, Custom duty, insurance, port charges payable on all transactions and everything necessary for due performance of the works under the Contract. The applicable Goods & Service Tax will be reimbursed at actual on producing relevant challans, receipts after recovering amount equivalent to MVAT which is included in estimated rates and any input credits from applicable payble percentage of GST. Any increase or decrease in the mentioned applicable taxes, levis, charges, duties enacted by law / act/ ordinance or by the statutory authorities, in the prevailing tax structure, duties, levis affecting the contract will be paid to / recovered from the tenderer from the date of enactment of such law/ act as the case may be. This has to be brought to the notice of the employer by the contractor in writing with necessary supporting for payment. 22. The rates quoted by the Contractors shall include all eventualities such as heavy rain, sudden floods etc which may cause damage of executed work or which may totally wash out the work. Until the completion certificate is issued to the Contractors, employer will not be responsible for such damage or wash out of the construction work. 23. In case, where the same item of work is mentioned at one or more places in the schedule of quantities the lowest of the rates quoted by the contractor for the item shall be taken for the payment of this item. 24. Time is essence of the Contract. The work should be completed in THREE MONTHS. The successful contractor will submit bar-chart programme within seven days from letter of intent for architects/employer approval so that the work gets

5 completed within the stipulated time. Contractor will hand over the structures in phase manner as per mutual agreement. 25. If the contractor fails to complete the work by schedule date of completion or with in any sanctioned extended time, he will have to pay ½% of the amount of unexecuted work per week as liquidated damages for each week beyond the date that the work remains incomplete subject to maximum of 5% of balance contractor amount as per clause of the attached appendix to General Conditions of Contract 26. The bidder shall submit the tender in two envelopes, the envelope no 1 mentioning 'TECHNICAL BID' shall consist the following:- a. Earnest Money Deposit of Rs2,50,000/= by DD. b. A list of works supported by certificate showing single work of Rs2.50 crores executed in last two years. Also list of work supported by LOI/ Work order substantiating gross amount of work in hand of Rs3.50 crores. c. Income Tax clearance certificate. d. Normal annual turnover e. Technical staff f. Brief particulars of the firm g. List of Machinery. h. Tender document other than Bill of Quantity duly signed on each page. i. GST, PF,ESI registration and PAN copies On satisfactory compliance to documents mentioned in envelope 1, the bidder will be qualified by the Tender Committee for opening the envelope 2. In case of bidder not fulfilling to criteria mentioned above, his proposal will be disqualified and the price bid (envelope no 2) submitted by him will not be opened. Envelope No 2 mentioning 'PRICE BID' shall consist of complete Bill of Quantities with quote sheet duly filled with percentage and signed. 27. The quantities contained in the schedule are only approximate. The work as actually carried out and done will be measured up from time to time for which payment will be made subject to the terms and conditions of the contract. Compensation for any varation either on lower side or higher side will not be entertained. 28. The work on full / half day labour charges, on behalf of the Clients, if any, shall be undertaken only after prior consent of the architects. The charges therefore, shall be based on the record sheet containing the names of persons so engaged and endorsed by the clerk of works. The labour sheet record mentioned above shall be presented daily for confirmation. 29. The unit prices shall be deemed to be fixed prices. In case of extra items, a record of labour charges paid shall be maintained and shall be presented regularly to the architects for checking. The settlement will be made based on figures arrived at jointly and taking out unit prices given in the contract assigned to the successful tenderers and as per clause of special conditions of contract. In case, of extra items where similar of comparable items are quoted in the tender, extra item rates shall be derived based on tender rates. 30. The tenderer should note that all the commercial terms are final and binding and no deviations will be accepted. The tender with any deviation is liable for rejection.

6 31. Employer do not bind themselves to accept the lowest or any tender and reserve to themselves the right to accept or reject any or all tenders either in whole or in part, without assigning any reason for doing so. 32. Integrity Clause The contents of the integrity clause shall be as under:- a)it is hereby specifically agreed that the firm/vendor/contractor will not pay offer, demand or accept bribes of any sort and that they shall disclose all commissions and similar expenses paid to anybody in connection with the contract. b)it is understood that violation of the aforesaid clause shall entail sanction, which could include loss or denial of contract, forfeiture of bid or performance security liability for damages, debarment for future contracts. Besides, action in accordance with law and criminal or disciplinary action against any, employee of the institute, who seeks, demands accepts bribes of any sort. c)the vendor/supplier/contractor shall declare that they have not been convicted by any court for any have not been formally investigated of a corruption crime and have not/will not resort to bribery or any other form of corruption in the context of the contract. d)any misinformation or wrong declaration in request of clause (C) above shall provide the Institute the right to cancel the contract unconditionally. ARCHITECT RUSI KHAMBATTA ASSOCIATES B/19, Creative Industrial Estate 12, N. M. Joshi Marg Mumbai Tel No : /6873

7 ARTICLES OF AGREEMENT ARTICLES OF AGREEMENT made the day of 2018 BETWEEN Of (hereinafter called The Employer ) of the one part of ( herein after called The Contractor ) of the other part, WHEREAS the Employer is desirous of and has caused Drawings, Specifications and Schedule of Quantities describing the works to be prepared by M/s. Rusi Khambatta Associates and WHEREAS the said drawing numbered to inclusive and the specifications and schedule of quantities have been signed by or on behalf of the parties hereto. AND WHEREAS the contractor has agreed to execute upon and subject to the conditions set fourth in the schedule hereto (hereinafter referred to as Said Conditions ) the works shown upon the said drawings and descripted in the said specifications and included in the said schedule of quantities for such sum as may be ascertained to be payable in terms of the bill of quantities and which sum is estimated to Rs. (herein after referred to as Said Contract Amount ). NOW IT IS HEREBY AGREEDAS FOLLOWS: 1. In consideration of the said sum to be paid at the times and in the manner set fourth in the said conditions, the contractor shall upon and subject to said conditions, execute and complete the work shown in the said drawings and described in the said specifications. 2. The Employer shall pay to the contractor the said sum or such sums as shall become payable hereunder at the times and in the manner specified in the said conditions. 3. The term Architect in the said conditions shall mean the said M/s. Rusi Khambatta Associates or in the even of his/their death or ceasing to be the Architect for the purpose of this contract, such other person as shall be nominated for that purpose by

8 the Employer not being a person to whom the Contractor shall object for reasons considered to be sufficient by the Arbitrator mentioned in the said conditions provided always that no person subsequently appointed to be the Architect under this Contract shall be entitled to disregard or over rule any previous decision or approval or direction given or expressed by the Architect for the time being. 4. Tender documents containing Notice to the Contractor, Conditions of Contract, Appendix thereto, Special Conditions of Contract, Specifications and Schedule of Quantities with the rate entered therein, shall be read and studied as forming part of this agreement and the parties hereto shall respectively abide by and submit themselves to the conditions and stipulations and perform the agreement on their part respectively in such conditions contained. 5. This contract is neither a fixed lumpsum contract nor a piece work contract but is a contract to carry our work in respect of the entire works to be paid for according to actual measured quantities at the rates contained in the schedule of rates and probable bill of quantities or as provided in the said conditions. 6. The Employer through the Architect, reserves to himself the right of altering the drawings and nature of work of adding to or omitting any time of work or having portion of the same carried out without prejudice to this Contract. 7. Time shall be considered as the essence of this Agreement and the Contractor hereby agrees to commence the work fifteen days from issue of work order or handing over of the site whichever is later as provided for in the said conditions and complete the entire work within Twelve months. 8. This Agreement and Contract shall be deemed to have been made in Mumbai and any questions or dispute arising out of or in any way connected with the Agreement and Contract shall be deemed to have arisen in Mumbai and only the court in Mumbai shall have jurisdiction to determine the same. AS WITNESS our hand this day of 200 Signed by the said in the presence of: WITNESS: SIGNATURE: NAME: ADDRESS: OWNER: Signed by the said in the presence of: WITNESS: SIGNAURE:

9 NAME: ADDRESS: CONTRACTOR APPENDIX TO CONDITIONS OF CONTRACT Earnest Money Deposit : Rs. 2,50,000/- by DD Further Security Deposit : 5% of contract value less EMD by way of Bank Guarantee Period of completion : Three months from date of LOI/works order Defects liability period : Twelve months from virtual completion Date of commencement : Seven days from issue of work order or handing over of the site whichever is earlier. Agreed liquidated damages a. Per week : ½ % of the amount of unexecuted work b. Upto maximum of : 5% of contract amount Period of final measurements : Two months Value of work for the issue of : Once a month with a minimum of payment Interim certificate of Rs. 30,00,000/- Retention percentage : 5% from every R.A. bill upto a Maximum of 5% of contract value. Installment after virtual completion : 50% of the retention money and full EMD to be released on virtual completion and balance 50% retention and SD amount to be released after defect liability period is over. Period of honouring certificates : 75% of the bill amount after checking of quantities and certification of bill by clerk of works. Balance amount within fifteen days from date of architect s certificate of payment. Rate of interest for delayed payment : Nilorm the Architect 15 days in advance of all drawings and details required by him from time to time. The Contractor shall strictly adhere to the approved programme and arrange for the materials and labour etc accordingly.

10 24. NOT