MAHARASHTRA STATE BUREAU OF TEXT BOOK PRODUCTION AND CURRICULUM RESEARCH. B A L B H A R A T I SENAPATI BAPAT ROAD, PUNE

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1 MAHARASHTRA STATE BUREAU OF TEXT BOOK PRODUCTION AND CURRICULUM RESEARCH. B A L B H A R A T I SENAPATI BAPAT ROAD, PUNE B - 1 T E N D E R FOR PROVIDING STREET LIGHT POLE & FITTINGS AND CANOPY LIGHT FITTINGS AT MAHARASHTRA STATE BUREAU OF TEXT BOOK PRODUCTION & CURRICULUM RESEARCH STORE & DISTRIBUTION CENTER GOREGAON BUILDING.. CONSULTANT NECON ENGINEERS PUNE TENDER ISSUED TO :- M/S DATE:- 1

2 INDEX SECTION PARTICULARS SHEET NOS. FROM TO CHAPTER 0 TENDER NOTICE 3 3 CHAPTER 1 DETAILED TENDER NOTICE 4 7 CHAPTER 2 FORM OF TENDER 8 8 CHAPTER 3 SPECIAL CONDITIONS 9 10 CHAPTER 4 GENERAL CONDITIONS OF CONTRACT CHAPTER 5 DECLARATION OF THE CONTRACTOR CHAPTER 6 APPENDIX HERE IN BEFORE REFERRED TO IN CONDITIONS OF CONTRACT CHAPTER 7 GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONTRACTORS CHAPTER 8 CONDITIONS OF CONTRACT CHAPTER 9 ARTICLES OF AGREEMENT CHAPTER 10 TECHNICAL SPECIFICATIONS CHAPTER 11 TENDER FORM CHAPTER 12 PRICE SCHEDULE CHAPTER 12 APPROVED MAKE LIST

3 00 TENDER NOTICE MAHARASHTRA STATE BUREAU OF TEXT BOOK AND CURRICULUM RESEARCH SENAPATI BAPAT ROAD, PUNE SEALED PERCENTAGE B-I TYPE TENDER ARE INVITED FROM REGISTERED CONTRACTORS OF THOSE REGISTERED WITH PWD, CPWD, RAILWAYS OR CIDCO IN CLASS C AND ABOVE, THOSE WHO POSSES A VALID LICENSE FROM PWD, FOR THE WORK OF PROVIDING STREET LIGHT POLE & FITTINGS AND CANOPY LIGHT FITTINGS AT MAHARASHTRA STATE BUREAU OF TEXT BOOK PRODUCTION & CURRICULUM RESEARCH STORE & DISTRIBUTION CENTER GOREGAON BUILDING. AT CTS NO.915 OF VILLAGE-PAHADI, OFF S.V. ROAD, GOREGOAN (WEST) MUMBAI Estimated Cost Rs =00 Earnest money Rs. 7050/- Security Deposit Time Limit 5.00% Two Calendar month Date of Issue of blank tender papers & place Form to On all working days from office of the Maharashtra State Bureau Of Text Book store & distribution centre Goregaon. Cost of blank tender Rs. 1000=00 Last date and time of submission Up to 3.00 pm on In the office of the Director, Maharashtra State Bureau Of Text Book Production & Curriculum Research, Balbharati, Senapati Bapat Marg, Pune and Tenders will be open on same day if possible. Validity of offer 30 Days Tenders will be issued to those contractors who would produce following certificates and having above qualifications. 1 Registration in appropriate class with P. W. D. and other concerned department Of Government of Maharashtra. And valid license of electrical contractor. 2 Valid registration with the VAT Authority. 3 A list of works of similar type and magnitude carried out by the contractor. 4 Xerox copy of PAN. 5 Valid registration with Service Tax Authority. All rights to reject any tender or all the tenders without assigning any reasons therefore will rest with the Director, M. S. Bureau of Textbooks, Pune. Advt. No.: Date: DIRECTOR 3

4 01 DETAILED TENDER NOTICE MAHARASHTRA STATE BUREAU OF TEXT BOOK AND CURRICULUM RESEARCH SENAPATI BAPAT ROAD, PUNE Sealed tenders in B-1 FORM (Percentage Rate) are invited by the Maharashtra State Bureau of Text Book Production & Curriculum Research, from the eligible Contractors. The name of the work, estimated cost, earnest money, Security Deposit, Time Limit etc. are as under: 1.0 NAME OF WORK: PROVIDING STREET LIGHT POLE & FITTINGS AND CANOPY LIGHT FITTINGS AT MAHARASHTRA STATE BUREAU OF TEXT BOOK PRODUCTION & CURRICULUM RESEARCH STORE & DISTRIBUTION CENTER GOREGAON BUILDING. 2.0 PLACE OF WORK. MAHARASHTRA STATE BUREAU OF TEXT BOOK PRODUCTION & CURRICULUM RESEARCH STORE & DISTRIBUTION CENTER GOREGAON BUILDING. AT CTS NO.915 OF VILLAGE-PAHADI, OFF S.V. ROAD, GOREGOAN (WEST) MUMBAI ESTIMATED COST PUT TO TENDER Rs EARNEST MONEY DEPOSIT Rs. 7050/- Rs. Seven Thousand and Fifty Only in the form of Demand Draft for 120 days in the name of the Director, Maharashtra State Bureau Of Text Book Production & Curriculum Research, payable at Pune from any Nationalized Bank. 5.0 SECURITY DEPOSIT a) The total Security Deposit shall be 5% (Five percent) of contract sum i.e. tender amount. Initial security deposit of 2.5% (two point five percent) of the contract sum, out of which 1.% submitted along with relevant package bid as E M D, which shall be kept as initial security deposit and balance 1.5% will be accepted in the form of Demand Draft / FDR in the name of Director, Maharashtra State Bureau Of Text Book Production & Curriculum Research, payable at Pune from any nationalized Bank. b) The balance amount of security deposit of 2.5% (Two point Five percent) of contract sum will be recovered through Running Bills at 5% of the gross bill value to the extent of total Security Deposit and will be with BUREAU till the end of Defect Liability period. c) The entire Security Deposit will be refunded after the defect liability period. However 100% of the Security Deposit will be converted into bank guarantee after completion of work, 4

5 issued by any Nationalized Bank having branches in Pune, proportionately for defect liability period of 12 months. 6.0 TIME LIMIT FOR COMPLETION OF WORK The time limit for completion of work is 2 months including Monsoons and will be counted from the date of issue of work order. 7.0 ISSUE OF BLANK TENDER FORM Form to _ on all working days from office of the Maharashtra State Bureau Of Text Book store & distribution centre Goregaon. 8.0 LAST DATE OF SUBMISSION Last Date of Submission is up to hrs. If there is any change in the date of submission, the same will be communicated 9.0 PLACE OF SUBMISSION Office of the Maharashtra State Bureau Of Text Book Production & Curriculum Research, Balbharati, Senapati Bapat Marg, Pune between hrs. To hrs DATE AND PLACE OF OPENING OF TENDER The Sealed tenders shall be opened on at hrs. in the Office of Maharashtra State Bureau Of Text Book Production & Curriculum Research, Balbharati, Senapati Bapat Marg, Pune If there is any change in the date of opening of the Tender, the same will be communicated COST OF BLANK TENDER FORM (NON-REFUNDABLE) a) Rs /- (Rupees One Thousand Only) per set the same shall be collected personally. b) Cost of Blank Tender Form will be accepted only in cash or by Demand Draft of Nationalized Bank payable at Pune in the name of Director Maharashtra State Bureau of Text Book Production & Curriculum Research, c) The cost of Tender documents will not be refunded under any circumstances VALIDITY OF THE OFFER 30 days from the date of receipt of the Tender SITE VISIT The Contractor at his own responsibility and risk is encouraged to visit and examine the site of works and its surroundings and obtain all information that may be necessary for preparing the bid and entering into a contract for construction of the works. The costs of visiting the site and collecting the necessary information shall be borne by the bidder. extra claim will be entertained in future on this account. No 5

6 14.0 MANNER OF SUBMISSION OF TENDER AND ITS ACCOMPANIMENTS The tender shall be submitted in two separate sealed envelopes as below and each envelope shall be super scribed on top as Envelope No. 1 and Envelope No. 2 as the case may be. a) ENVELOPE NO. 1 The first envelope clearly marked, as Envelope No. 1 and Name of Work shall contain Volume-I duly signed by contractor and following documents:- 1. Appropriate registration certificate from PWD departments. 2. Electrical Contractors licence from Chief Engineer (Electrical) PWD, Mumbai. 3. Income tax PAN Certificates copy. 4. Valid registration with the VAT Authority. 5. List of completed works along with documentary proof for last three years. He should have executed at list one similar work of Rs. 10 lacks during last three years. 6. List of equipment tools and plants. 7. Earnest money of 1% of tender amount i.e Rs 7050/- in the form of Demand Draft OR Pay Order OR Fix deposit receipt kept with Nationalized/ Scheduled bank for a period of twelve month. EMD in cash will not be accepted. 8. Valid registration with Service Tax Authority. The required certificates to be submitted along with tender should have prior to last date of opening of tender and the tender will not be opened in case required documents are not submitted. b) ENVELOPE NO. II The second envelope clearly marked as Envelope No. II and name of work shall contain only main tender. A tender submitted without this would be considered as invalid and non- responsive. The tenderer should quote his offer on Printed B1 Form of the tender at the appropriate place of tender documents to be submitted only in Envelope No. II. He should not quote his offer anywhere directly or indirectly in Envelope No. I. The Contractor shall quote for the work as per details given in the main tender and also based on the details of conditions, stipulations made by the department and as per bill of quantity, specification and corrigendum / addendum issued before last date of receipt of tender document. The tender / offer shall be unconditional. Conditional offer will be rejected summarily as non-responsive. 6

7 C) SUBMISSION OF TENDER The two sealed Envelope No. I and II shall be again put in one common cover and sealed. This sealed cover shall be marked on the left hand top corner PROVIDING STREET LIGHT POLE & FITTINGS AND CANOPY LIGHT FITTINGS AT MAHARASHTRA STATE BUREAU OF TEXT BOOK PRODUCTION & CURRICULUM RESEARCH STORE & DISTRIBUTION CENTER GOREGAON BUILDING.. The full name and addresses of the tenderer along with phone / mobile no. and the name of the authorized agent delivering the sealed cover containing the tender shall be written on the bottom left hand corner. The date and time for receipt of envelope containing tender shall strictly be followed. The tenderer shall ensure that their tender is received by from the office of Maharashtra State Bureau Of Text Book Production & Curriculum Research, Pune before scheduled time. 15. OPENING OF TENDER a) The Sealed tenders shall be opened on at hrs. in the Office of Maharashtra State Bureau Of Text Book Production & Curriculum Research, Pune in the presence of the intending bidders or their authorized representative whom they may choose to remain present. Following procedure will be adopted for opening of the tender. If there is any change in the date of opening of the Tender, the same will be communicated. 16. RIGHT RESERVED:- Right to reject any or all tenders without assigning any reason therefore is reserved by the competent authority of Maharashtra State Bureau Of Text Book Production & Curriculum Research Pune whose decision will be final and legally binding on all the tenderers. i) The Maharashtra State Bureau Of Text Book Production & Curriculum Research Pune at his discretion may extend the dead line for submission of tender by issuing an amendment. ii) The Maharashtra State Bureau Of Text Book Production & Curriculum Research Pune shall have the right to revise or to amend the contract document prior to receipt of tender. ********** 7

8 02. FORM OF TENDER Dear Sir, With reference to the Tender invited by you for the Work of PROVIDING STREET LIGHT POLE & FITTINGS AND CANOPY LIGHT FITTINGS AT MAHARASHTRA STATE BUREAU OF TEXT BOOK PRODUCTION & CURRICULUM RESEARCH STORE & DISTRIBUTION CENTER GOREGAON BUILDING. I / we do hereby offer to perform, provide, execute, complete and maintain the works in conformity with specifications, special conditions of Tender, Article of Agreement, conditions of contract. I / We have satisfied myself /ourselves as to the location of site, examined the site location and read the conditions of contract, special conditions, general conditions, Articles of Agreement and the specifications etc. And I / we understand that the works are to be completed within three calendar months. I / We, agree to finish the whole of the works within two calendar months from the date of the commencement of the work order, fully understanding that time will be the essence of contract. I/We understand that you are not bound to accept the lowest or any tender you may receive. Yours faithfully, Signature of the Contractor Address: Phone No.: Fax No.: A/c.: Number Place: Date: 8

9 03. SPECIAL CONDITIONS 1. A schedule of probable quantities in respect of each work and a specification accompany these special conditions. The schedule of probable quantities is liable to alterations or deletions at the discretion of the consultant. Each Tender should contain not only the rates but also the value of each item and totaled in order to show the aggregate value of the entire Tender. All corrections in the Tender schedule shall be duly attested with dated initials of the Tenderer. Corrections which are not attested may entail the rejection of the tender. The Bureau does not undertake responsibility to carry out the whole of the work as shown on the plans and taken in the schedule of quantities and reserves the right to modify the same or any part thereof. The contractor shall not be allowed any compensation or damages for the work, which is so dropped or cancelled by the Bureau. 2. The tenderer must obtain for himself on his own responsibility and at his own expenses all the information which may be necessary for the purpose of making a Tender and for entering into a contract and must examine the Drawings and must consider and inspect the site of the work and acquaint himself with all local conditions, means of access to the work, nature of the work, and all matters appertaining thereto. 3. The rates quoted in the tender shall include all charges for labour and material. The rates quoted by the tenderer in the schedule of probable quantities will be deemed to be for the finished work to be measured in site. The rates shall be inclusive of Sales Tax, Octroi duty, Works Contract Tax, Service Tax or any other duty levied by Central Government, Government of Maharashtra or public Bodies. The rates shall be firm and shall not be subject to variations. 4. Rates for items which are not included in schedule of quantities shall be as per the CSR of PWD for the year in which the item crops up. In case of non-csr items, the rates will be mutually settled as per the recommendations of the consultant. 5. The calculations made by the Tenderers should be based upon probable quantities or the several of work which are furnished for the Tenderer s convenience in the schedule of quantities, but it must be clearly understood that the contract is not a lumpsum contract that neither the probable value of the entire Tender will form part of the contract and that the Bureau or the consultant do not in any way assure the Tenderer or guarantee that the said probable quantities are correct or that the work would correspond thereto. 6. Tenders will be considered only from registered contractors of those registered With PWD, CPWD, Railways or CIDCO in Class C and above, those who posses a valid License from PWD for electrification work, and submit details as to their magnitude and cost, the proportion of the work done by the contractor in it and the time within which works were completed.. 9

10 7. The Bureau/consultant reserves the right of altering the Drawings and nature of the work and adding to or omitting any item of work of having portions of the same carried out by the Bureau or otherwise and such alterations or variations shall be carried out without the prejudice to the contract. 8. The contractor shall give all notice and pay all fees and shall comply with all Acts and Regulations for the necessary execution of contract. The contractor himself shall meet the Bureau or the consultant or his representative whenever required and so informed by the Bureau or the consultant. 9. The contractor shall make arrangement for and maintain, at his own expenses sufficient service of Electric light and power as shall be deemed necessary by the Bureau or the consultant. 10. The contractor shall at his expenses provide for all necessary storage on the site or in specified area for all materials belonging to him. On completion of the contract all the storage sheds shall be cleaned away and the whole compound left in good condition unless otherwise directed by the Bureau or the consultant. 11. If the Contractor is not registered with VAT and Service Tax Authorities, necessary taxes will be deducted from the Contractor s bills. The necessary certificates will be issued to the Contractor accordingly. Signature of the Contractor 10

11 04. GENERAL CONDITIONS 1. DEFINITIONS (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) The term At own cost shall mean that the contractor shall at his own cost furnish material and labour to complete the item of works to which the term is applied. Rates of various items in the schedule of quantities shall be inclusive of such item. As indicated shall mean as indicated in any of the contract documents. As directed shall mean as directed by the Bureau or consultant. The Owner/Employer/Bureau shall mean Director, M. S. Bureau of Textbook Production and Curriculum Research, Pune. Engineer In charge shall mean Estate Manager of the Bureau. Bill (or schedule) of quantities shall mean the list of items giving the quantities of description of work comprised in the contract. The rates in the Bills of quantities shall apply in assessing the value of the work as carried out. Day work shall mean the method of valuing work on the basis of the time spent by the workman, the materials used and the plant employed. Price Cost (or the initials P. C. ) shall mean the net sum entered in the Bills of quantities by the quantity surveyors provided to cover the cost of or others for specific articles of materials to be supplied or work to be done. Site shall mean the site of the contract works as above bounded Red on the site plan attached hereto including any erections thereon and any other land adjoining thereto (inclusive) as aforesaid allotted by the Employers for the contractor s use. This Contract shall mean the Articles of Agreement, their conditions, the special conditions, the priced schedule of quantities, the specifications, the Appendix and the Drawings etc. Act of Insolvency shall mean any Act of Insolvency as defined by the Presidency Towns Insolvency Act of the Provincial Insolvency Act or any amending statue. Notice in writing or written notice shall mean a notice in written, typed or printed characters sent unless delivered, personally or otherwise proved to have been received by registered post to the last known private or business address or registered office of the addressee and shall be deemed to have been received, within the ordinary course it would have been delivered by post. Provisional Sum shall mean any sum or money fixed by the Bureau and included in the Bills of the quantities to provide for work not otherwise included therein or for unforeseen contingencies arising out of the contract. It is intended to expend, either wholly or in part, under the Bureau direction and at his discretion in accordance with the conditions of contract. 11

12 (n) (o) (p) Virtual Completion shall mean the work is in opinion of consultant, has been completed. Schedule of Basic Price shall mean the schedule in which the contractor can insert the basic prices of the materials upon which his tender has been computed. Certificate of consultant shall mean the clear certificate regarding the value of work done by the contractor in accordance with the contract and duly verified and measured by Bureau/ consultant 2. PRELIMINARIES The documents comprising in the contract shall be: (1) Tender Notice (2) Form of Tender (3) Notice to contractor (4) Special conditions (5) General conditions (6) Conditions of contract (7) Articles of Agreement (8) Schedule- : Regarding supply & Installation of materials (9) Detailed specifications of various works 3. SITE OF WORK The Work of PROVIDING STREET LIGHT POLE & FITTINGS AND CANOPY LIGHT FITTINGS AT MAHARASHTRA STATE BUREAU OF TEXT BOOK PRODUCTION & CURRICULUM RESEARCH STORE & DISTRIBUTION CENTER GOREGAON BUILDING. 4. ASCERTAINED AND LIQUIDATED DAMAGES Pay the sum indicated in the Appendix to the conditions of contract as ascertained and liquidated damages for each work or part of a work that the works, remain in completed after the contract date for completion. 5. SUBLETTING Do not sublet to other persons any part of the works without the consent in writing of the Bureau. 6. WORK SCOPE OF CONTRACTORS The Contractor shall quote for total PROVIDING STREET LIGHT POLE & FITTINGS AND CANOPY LIGHT FITTINGS AT MAHARASHTRA STATE BUREAU OF TEXT BOOK PRODUCTION & CURRICULUM RESEARCH STORE & DISTRIBUTION CENTER GOREGAON BUILDING. Mentioned above. The contractor shall consider basic price, total taxes, etc. for this work. 7. Work to be related to drawings The work to be carried out as per Instruction, drawings and Specifications that the Contractor is presumed to have studied and includes work at all levels and positions and 12

13 shapes. Nothing extra will be paid for any item on account of its shape, size, location and other difficult circumstances even if the Schedule of Quantities makes no distinction, as long as the item is shown on the schedule. 8. Income-tax deduction Income Tax at the rate as per rules in force from time to time shall be recovered from the gross amount of every R.A. bill of the Contractor, whether of measured work or advance payment, unless the Contractor is exempted from such deduction at source by the Income Tax department for which the Contractor shall have to produce documentary proof. 9 Water and Electricity The Contractor shall make all necessary arrangement for water and electricity required by him for the execution of the work and for his labour and staff at his own cost. The water and electricity shall be available at site free of cost to the Contractor. 10. Extra Items If the rates for extra items/non-tendered items can not be derived from rates of similar items in the tender, or if a similar item does not exist in the current PWD Schedule of Rates for Pune region, then the rate shall be derived on the basis of actual costs of material, labour, carriage etc. plus 10% for overheads, profits, hire charges of Plant and machinery, supervision etc. and Work s Contract Tax. 11. Contractor s attendance The Contractor personally or a responsible qualified person having full authority shall meet the Bureau, and the consultant at their office, whenever required. 12. Advance on Materials Advance to the extent of 60% of the cost of materials brought on site will be paid to the Contractor after production of certificate from the consultant and the same will be adjusted against running account bills of the Contractor. The above is subject to the provision that the material are properly stored and protected from damage. 13 Medical Aid to Workmen The Contractor shall be responsible for and shall pay the expenses of providing medical aid to any workmen who may suffer a bodily injury as a result of an accident. If such expenses are incurred by Bureau, the same shall be recoverable from the Contractor forthwith and be deducted without prejudice to any other remedy of Bureau from any amount due or that may become due to the Contractor. 14. Work Program & Progress Reports 14.1 The Contractor will have to submit to Consultant / Bureau, detailed program for executing the contract within 15 days of acceptance of tender in the form of a bar/pert chart listing the items of work and their anticipated dates of completion. 13

14 14.2 The Contractor will have to submit to the consultant and the Bureau a progress report of work carried out in that ½ month. This report will be submitted on the last day of every ½ month until the final completion of the project. 15. INSURANCE 15.1 Without limiting the other obligations and responsibilities under this contract, the Contractor shall, within 15 days of acceptance of tender, obtain the following insurance policies from approved insurers: a) Contractors All Risk Insurance Policy in the joint names of the Bureau and the Contractor for the full value of the contract for the period of completion of the work including. Defects Liability Period, to cover the following: b) Policy to cover loss and/or and damage to materials, buildings and property arising out of any cause whatsoever including fire, theft, lightning, explosion, earthquakes, storm,, floods, inclement weather, landslides, aerial objects etc. and riots, civil commotion or other disturbances. c) Third Party Insurance to cover injury/death/damage to third party including the staff of the Bureau, Consultants or any other visitors, for Rs.5 Lac per occurrence with the number of occurrences unlimited. d) Policies to cover Contractors Liability under Workmen s Compensation Act 1923, Minimum Wages Act 1948, Contract Labour (Regulation and Arbitration) Act, 1970, and other relevant acts as may be in force and applicable. Period shall be only up to completion of work Insurance Policies shall cover all the sub-contractors, agents, staff etc. of the Contractor Premiums shall be paid by the Contractor, and are not reimbursable If the Contractor fails to affect the required insurance, the Bureau may take out the requisite policies and deduct the premium paid and other expenses incurred, from any monies that may be due to or; may income due to the Contractor Upon settlement of any claim under the insurance s aforesaid the Contractor with due diligence shall restore work damaged, replace or repair unfixed materials or goods which have been destroyed or injured, remove or dispose of any debris and proceed with the carrying out and completion of the work. All monies received from such insurance s shall be paid to the Contractor by installments under certificates of the consultant issued at the period of interim certificate named in the appendix to the General conditions. The Contractor shall not be entitled to payment in respect of the restoration of work damaged, the replacement and repair of any unfixed materials or goods, and the removal and disposal of debris, other than the monies received under the said insurance s. 16 Safety and Security Measures The Contractor shall comply with all the relevant rules; regulations and laws enforce relating to the safety and security of material and personnel on the site and shall be held responsible for any damage or injury caused by his negligence. He shall interlay provide install barriers, fencing gangways, covers, lighting etc. over open 14

15 trenches, pits, openings in building and such like, and take all other safety measures as may be required under law. 17 Labour Regulations The Contractor shall be fully responsible for complying with all the relevant rules, regulations and laws in force relating to the employment of Labour by him. He shall interlay maintain all required registers and records, provide drinking water, first aid, crèches, suitable bathing places and latrines, canteen and other facilities as required under law. 18 ESI and Provident Fund Obligations: The Contractor shall include in his rates all expenses towards meeting the obligations under the Employees State Insurance Act and the Provident Fund Act. He shall follow all rules and regulations required under the above act as maybe in force from time to time. The Contractor shall cover all his workmen including at the site under the ESI and PF schemes, and directly deposit the requisite amounts with the concerned authorities. All records in connection with the above shall be properly maintained by the Contractor and produced for scrutiny by the Bureau whenever called for. The Contractor shall keep the Bureau indemnified against all violations of the above acts. If any demand is made by the authorities under the above acts, this will be paid by the Bureau and recovered from the Contractor from his pending due / retention amounts etc. 19 Compensation for stoppage of the work: No loss / compensation / damages shall be payable by the Bureau to the Contractor / any one if the work stopped by the order of any judicial / Higher Administrative authority. 20 Licenses and Permits 20.1 As required by the rule 45 of the Indian Electricity Rules 1956, electrical installation work shall be carried out by an electrical Contractor licensed by the licensing board of the State Government in this behalf and under the direct supervision of a person holding a certificate of competency issued by the licensing authority. The wiring and other electrical works shall conform to the IE Rules. The materials used for electrical work shall comply with the standard laid down in that behalf by the BIS and should comply to IS. As soon as the electrical installation is completed in all respect and tested by the licensed electrical Contractor, the Contractor should submit to the licensee the installation test report in the form prescribed by the licensee. 21 Liaison The Contractors responsibility shall include liaison as per requirement & coordination of installation.. 22 Codes and standards: 15

16 22.1 Codes and standards to be followed by the Contractor are given in the respective sections, which shall be strictly complied with. However separate annexure of IS, BS is attached separately The Contractor shall carry - out all the works strictly in accordance with the drawing, details and instructions of Consultant.If changes have to be made in the design or anywhere in the works, the prior approval in writing from the competent authority shall be furnished well in advance and then take up the work after getting permission in writing from the competent authority Schedule of probable quantities in respect of each work and specifications accompany these contract documents. The schedule of probable quantities is liable to alteration. 23 DRAWINGS AND LITERATURE The specifications prepared by Bureau / consultant are enclosed part of tender document. These drawings and specifications are of the nature as scope of the proposed work Consultant s drawings show the G.A. Drawing for above said work Within 7 days of the acceptance of the tender, the Contractor shall submit for approval, detail, marking the selection of all equipment, general layout drawings. Detailed drawings as are necessary to demonstrate fully that all parts of the apparatus to be furnished conform to specifications Within 7 days of the acceptance of the tender the Contractor shall furnish three prints of the list of equipments, makes, layout, general arrangement and single line diagram of all LT panels assemblies and erection drawings for approval. If modifications are proposed by Bureau three further prints of the modified drawings shall be submitted. No modifications shall be made in drawing after Bureau has approved it without prior consent of the competent authority Three sets of all catalogues (at least one set original) for all equipments, accessories, and materials shall be submitted to the Bureau for approval within 7 days of the acceptance of the tender. 24 INSPECTIONS AND TESTING 24.1 All equipments that are to be used during the execution of the work shall be tested and the Contractor shall provide photocopy of the test certificate to the consultant prior to the operation of such equipment The material to be installed by the Contractor while executing the work shall be tested by the manufacturer and the Contractor shall furnish the manufacturers test certificate for all the material / equipment to be installed. 16

17 24.3 The Govt. Electrical Inspector shall do final inspection and testing if required and the Contractor shall be responsible for the workmanship, inspection, testing, use of quality material and obtaining the necessary clearance from the Govt. Authorities The successful Contractor shall carry out tests on different equipments as specified above and various standards in the presence of the representatives to enable them to determine whether the plant, equipment and installation in general complying with the specifications. 25 STATUTORY INSPECTIONS: The successful Contractor shall be fully responsible for meeting all statutory obligations and local inspectorate, pertaining to the works carried out by them. The Contractor should prepare all working drawings and obtain approval of competent authority and also have the equipment and installations inspected and get it approved. All official fees will be borne and paid by the Contractor and if paid by the department to avoid delay directly against demand in writing from the appropriate authority the department will recover the same from the Contractor. All other expenses for submission and approval of the various and relevant statutory bodies including the above shall be deemed to have been embodied in the tender prices. 26 PERFORMANCE GUARANTEE AND DEFECT LIABILITY PERIOD 26.1 The successful Contractor shall guarantee that all equipment shall be free from any defect due to defective materials and/or bad workmanship and that the equipment shall operate satisfactorily and the performance & the efficiencies of the equipment, individually and as whole, shall not be less than guaranteed values. The guarantee shall be valid for the period of Twenty Four months after taking over and issue of the certificate of virtual completion and any part found defective during this period shall be replaced free of all costs by the Contractor. This period shall be known as defects liability period and shall be reckoned from the date of completion of the system If the defects be not be remedied within the reasonable period of the time Bureau may proceed to do so at the Contractor s risk and expense without prejudiced to any other rights. 27 MAINTENANCE AND TRAINING OF PERSONNEL The successful Contractor shall without any extra cost carry out for period of twelve months, after the installation is taken over by Bureau, all routine and special maintenance of the system and attend to any difficulty and defect that may arise in the operation of the system. The Contractor shall associate with him during the installation the Bureau s maintenance staff to familiarize them with the operation and maintenance of the system. If required by Bureau the Contractor shall also train members of the Bureau s maintenance staff either at his or his subcontractor s work or at such other place or places as may be considered suitable by Bureau 28 Terms and condition of Payments i. Payment for running bills: The consultant will certify the bills. Running bills shall be submitted with original excise bills for the material supplied and erected at site. Mode of Payment: Part 1 : tender items 17

18 Supply of 60% of the supply and installation of material tender item rate. Erection 15% of the supply and installation of tender item rate Testing and 10% of the supply and installation of commissioning tender item rate Handing over 10% of the supply and installation of tender item rate Retention 5% of the supply and installation of tender item rate 29 Issue of Virtual Completion Certificate: As soon as the work completed in all respect the Contractor shall give notice in writing of such completion to the consultant in order to enable him give the necessary certificate within 7 days of receipt of such notice. Date of completion a. Defects to be rectified and/or b. Items for which payment can be made at reduced rates. 30. Issue of Final Certificate: The contract shall not be consider as complete until of final certificate has been signed by the consultant stating that the works has been completed to his satisfaction. 31 Samples: Samples of all materials shall be got approved before placing order and the approved samples shall be deposited with the consultant Any materials declared defective by the Owner / Consultant shall be removed from the site within 48 hours. 34 Completion Drawings: At the completion of the work and before issuance of Certificate of Virtual Completion, the Contractor shall submit to the Bureau / Consultant layout drawings drawn at approved scale indicating the complete system as installed. These drawings shall in particular, give the following information: A) Location and details of cable route, DB location and other particulars. B ) C ) Location of all earthing stations, route and size of all earthing conductors, Layout and particulars of all cables. Signature and seal of contactor 18

19 05. To: DECLARATION OF THE CONTRACTOR The Director, Maharashtra State Bureau of Text Book Production And Curriculum Research, Senapati Bapat Road, Pune NAME OF WORK: Dear Sir, PROVIDING STREET LIGHT POLE & FITTINGS AND CANOPY LIGHT FITTINGS AT MAHARASHTRA STATE BUREAU OF TEXT BOOK PRODUCTION & CURRICULUM RESEARCH STORE & DISTRIBUTION CENTER GOREGAON BUILDING. Having inspected the site of the work and examined the tender documents including conditions of contract, specifications and the schedule of quantities and having studied carefully the plans/designs prepared by the consultant, I/We do hereby offer to execute the said work as per the tender documents and authorized plans prepared by your consultant M/s. Necon Engineers, Pune. In addition to the above schedule, I/We also agree to carry out variations if any, ordered in the said work during the course of its execution. Payment for such work shall be received by me/us at the percentage rates filled in the schedule or at rates as their proportion. I/We herewith deposit Rs. 7050/- only as earnest money for the due execution of the work as stated above. I/We also undertake to pay the security deposit as laid down in the condition of contract in case my/our tender is accepted. I/We further agree to complete the work included in the said schedule in 2 months or in default pay liquidated damages at a minimum rate of 0.5% per Week of the accepted tendered amount limited to a maximum of 5.00% of the accepted tendered amount if the work remains incomplete beyond the said date of completion as per Clause. I/We take time as the essence of the contract. In case of acceptance of the tender I/We agree to enter into the contract immediately and make an agreement in the required form. In default of this I/We agree to forfeit to the Bureau the sum of earnest money furnished by me/us. I/We agree to employ such sub-contractor as may be approved by the consultant. I/We agree to pay Government Sales Tax (Works Contract Tax) and Gen. Taxes, all royalties etc on items on which the same are livable as well as deduction of Income Tax at source as per Income Tax regulations. Yours faithfully, NAME & ADDRESS SIGNATURE CONTRACTOR 19

20 06. APPENDIX HERE IN BEFORE REFERRED TO IN CONDITIONS OF CONTRACT 1. Date of Commencement: One week after issue of work order. 2. Time for completion of work: 2 (Two) Calendar months from the date of commencement of work including monsoon. 3. Retention Percentage: 5% of final estimated cost. 2.5% to be deposited by the contractor before commencement of the work and 2.5. % to be Recovered from R.A bills 4. Virtual Completion: 50% after virtual completion of work, balance 50% After Defects Liability period of 12 months is Completed. 5. Liquidated damages for Delay in: 0.5% per week of delay subject to a maximum of Of work 5 % of the accepted tendered amount 6. Value of Interim payments; Rs. 2,00,000/- (Rs. Two Lacs) minimum for R.A.bills 7. Period of Final Measurement: 30 days after Virtual Completion of the work 8. Period of honoring payment: 30 days after submission of the R.A. Bills 9. Defects Liability Period: 12 months after Virtual Completion of work SIGNATURE OF CONTRACTOR 20

21 07 GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONTRACTORS [PERCENTAGE RATE CONTRACT WORKS] (1) All works proposed to be executed by contractor shall be notified in a form of invitation to tender period on a board hung up in the office of the Employer and signed by the Employer. This form will state the work to be carried out as well as the date of submitting and opening tenders, and the time allowed for carrying out the work, also the amount of earnest money to be deposited with the tender and the percentage, if any, to be deducted from bills. It will also state whether a refund of quarry fees, royalties, octroi dues and ground rents will be granted. Copies of the specifications, designs and drawings estimated rates; scheduled rates and any other documents required in connection with the work shall be signed by the Employer for the purpose of identification and shall also be open for inspection by contractors at the office of the Employee or consultant office during office hours. (2) In the event of the tender being submitted by a firm, it must be signed separately by each partner thereof, or in the event of the absence of anomy partner, it shall be signed on his behalf by a person holding a power of attorney authorizing him to do so. (2-A) (i) The contractor shall pay along with the tender the sum of Rs. 7050=00 as and by way of Earnest Money by Draft only. (ii) In the event of his tender being accepted subject to the provision of sub-clause (ii) below, the said amount of Earnest Money shall be appropriated towards the amount of Security Deposit by him under conditions of General Conditions of Contract. (iii) If, after submitting the tender, the contractor withdraw his offer or modifies the same or if after the acceptance of his tender the contractor fails or neglects to furnish the balance of Security Deposit without prejudice to any other rights and powers of the Bureau, hereunder, or in law, the Bureau shall be entitled to forfeit the full amount of Earnest Money deposited by him. (iv)in the event of his tender not being accepted, the amount of Earnest Money deposited by the contractor shall, unless it is prior thereto forfeited under the provisions of such-clause (iii) above, be refunded to him on his passing receipt therefore. (3) Receipt for payment made on account of any work, when executed by a firm, should also be signed by all the partners except where the contractors are described in their tender as a firm in which case the receipt shall be signed in the name of the firm by one of the partners, or by some other person having authority to give effectual receipts for the firm. (4) Any person who submits a tender shall fill up the usual printed form stating at what percentage above or below the rates specified in Schedule B (memorandum showing items of work to be carried out) he is willing to undertake the work. Only one rate of such percentage on all estimated rates/scheduled rates shall be named. Tenders 21

22 who propose any alteration in the works specified in the said form of invitation to tender, or in the time allowed or for carrying out the work or which contain any other conditions, of any sort will be liable to rejection. No printed form of tender shall include a tender for more than one work but if contractor who wish to tender two or more works, they shall submit separate tender for each. Tender shall have the name and number of the work to which they refer, written outside the envelope. (5) The Director or his duly authorized Assistant shall open tenders in the presence of contractors who have submitted tenders or their representatives who may be present at the time and he will enter the amount of the several tenders in a comparative statement in a suitable form. In the event of a tender being accepted, the contractor shall for the purpose of identification, sign copies of the specifications and other documents mentioned in Rule 1. In the event of tender being rejected the competent officer shall authorize the officer concerned to refund the amount of earnest money deposited to the contractor making the tender, on his giving a receipt for the return of the money. (6) The officer competent to dispose off the tender shall have the right of rejecting all or any of the tenders. (7) No receipt for any payment alleged to have been made by a contractor in regard to any matter relating to this tender or the contract shall be valid and binding on the Bureau unless it is signed by the Director. (8) The memorandum of work is to be tendered for an the schedule of materials to be supplied by the Bureau and their rates shall be filled in and completed by the office of the Bureau before the tender form is issued. If a form issued to an intending tenderer has not been so filled in and completed he shall request the said office to have this done before he completes and delivers his tender. (9) All works shall be measured not by standard measure and according to the rules and customs of the Bureau and their rates shall be without reference to any local custom. (10) Under no circumstances shall any contractor be entitled to claim enhanced rates for items in his contract. (11) Every unregistered contractor shall produce along with his tender a solvency certificate to the extent of 20% of the tendered cost of work. Every registered contractor should produce along with his tender certificate of registration as approved contractor in the appropriate class and renewal of such registration with date of expiry. ( 12) All corrections and additions or pasted slips should be initialed. (13) The measurements of work will be taken according to the usual methods in use in the office and no proposals to adopt alternative methods will be accepted. The consultant decision as to what is the usual method in use in the office will be final. (14) The tendering contractor shall furnish a declaration along with the tender showing all works for which he has already entered into contract, and value of work that remains to be executed in each case on the date of submitting the tender. (15) Every tenderer shall furnish along with the tender, information regarding the incometax circle or ward of the district in which he is assessed to income tax the reference to the number of assessment and the assessment year. 22

23 (16) In view of the difficult position regarding the availability of foreign exchange no foreign exchange would be released by the Bureau for the purchase of plant and machinery required for the execution of the work contracted. (17) The contractor will have to construct shed for storing controlled and valuable materials issued to him under Schedule of the agreement at the work site, having double locking arrangement. The materials will be taken for use in the presence of the office person. No materials will be allowed to be removed from the site of work. (18) The contractor shall also give a list of machinery in their possession and which they propose to use on the work in the prescribed form. (19) Every unregistered contractor should furnish along with tender a statement showing previous experience and technical staff employed by him in the prescribed form. (20) Successful tender will have to produce to the satisfaction of the accepting authority a valid and current license issued in his favor under the provision of Contract Labour (Regulation and Abolition Act, 1973) before starting work, failing which acceptance of the tender will be liable for withdrawal and earnest money will be forfeited. (21) The contractor shall comply with the provisions of the Apprentice Act 1961 and the rules and orders issued there under from time to time. If he fails to do so, his failure will be breach of the contract and the Director may in his discretion cancel the contract. The contractor shall also be liable, for any pecuniary liability arising on account of any violation by him of the provision of the Act. (22) All work shall be measured by standard measure and according to the rules and customs of the Bureau and without reference to any local custom. SIGNATURE OF CONTRACTOR 23

24 08 CONDITIONS OF CONTRACT CLAUSE 1: SECURITY DEPOSIT After finalization of Tender contractor shall pay 5% sum towards Security Deposit in two terms. Initial Security Deposit at 2.5% of the cost of contract shall be paid in cash or by Demand Draft only immediately before issue of works order and remaining amount will be deducted through Running Account Bill for works done. In the event of failure on the part of contractor in remitting initial Security Deposit within a period of Ten days or extended period if any from the date of finalization of tender, amount lodged towards Earnest Money Deposit will be forfeited to Bureau without assigning any reason forthwith. The Security Deposit lodged by a contractor shall be refunded after the expiry of three months from the date on which the final bill is paid or after expiry of the date up to which the contractor has agreed to maintain the work in good order, whichever is later. CLAUSE 2: COMPENSATION FOR DELAY Time allowed for carrying out the work as entered in the tender shall be strictly observed by the contractor and shall be reckoned from the date on which the order to commence work is given to the contractor. The work shall through the stipulated period of the contract to proceeded with all due negligence (time being deemed to be the essence of the contract on the part of the contractor) and the contractor shall pay as compensation an amount equal to one percent or such smaller amount as the Bureau (whose decision in writing shall be final) may decide of the work remains un commenced or unfinished after the paper dates. And further to ensure good progress during execution of the work, the contractor shall be bound in all cases in which the time allowed for any work exceed one month to complete. 1/4 of the work in 1/4 of the time 1/2 of the work in 1/2 of the time 3/4 of the work in 3/4 of the time NOTE : The quantity of the work to be done within a particular time to be specified above shall be fixed and inserted in the blanks space kept for the purpose by the circumstances of each case and abide by the programme of detailed progress laid down by the consultant. The following proportion will usually be found suitable. Reasonable In 1/4 1/2 3/4 of the time Progress of 1/6 1/2 3/4 of the total value of the work work to be done. 24