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3.00 CONDITIONS OF CONTRACT 3.01.00 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. 3.01.01 The “Owner/Employer” shall mean INFOPARK, Kusumagiri PO, Kakkanad, Kochi 682 030. 3.01.02 The “Contractor” shall mean person or persons, firm or company whose tender has been accepted by the owners and includes the contractor’s legal representatives, successors and permitted assigns. 3.01.03 The “Consultants” shall mean KITCO Ltd. who are consultants to the owner for this project and having their office at P.B.No.1820, M.G. Road, Ravipuram, Cochin-682 016, for the present or any other competent agency duly appointed by the owners to act as consultants for the purpose of the contract. The words “Consultant” “Consulting Engineers” appearing elsewhere in the tender shall also mean consultants. 3.01.04 “Architects” shall mean any competent agency duly appointed by the Consultant/INFOPARK to act as architects for the purpose of the Contract. 3.01.05 “Tender” shall mean the tender submitted by the contractor for acceptance by the owners. 3.01.06 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. 3.01.07 The “Contract” shall mean the agreement between the owner and the contractors for the execution of the work including therein all documents such as the invitation to tender, Tender Form, conditions of contract, specification, schedule of quantities, special conditions, letter of acceptance, Agreed variation if any, drawings, work orders, and/or any other correspondences or negotiations, etc. 3.01.08 “Specifications” shall mean all directions, various technical specifications as per latest revision of KPWD, 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 amplified or modified by the consultants, drawings 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. 3.01.09 “Standard Data” shall mean data as per KPWD Data Books 3.01.10 Schedule of rates shall mean KPWD schedule of rates 2009 3.01.11 “Site” shall mean the land allotted by INFOPARK at Cherthala for the work mentioned in the tender. 3.01.12 “Letter of Acceptance” shall means intimation by letter, telegram, telex or fax to the tenderer that the Tender has been accepted in accordance with the provisions contained therein. 3.01.13 “Engineer” shall mean the person representing the owner and entrusted with work of supervision of work at the site. 3.01.14 “Contract Price” shall mean the total sum referred to in the schedule of quantities and rates and accepted by the owner. 3.02.00 SITE 3.02.01 The site for the project is the land owned by Government of Kerala/INFOPARK at Pallippuram Village, Cherthala Taluk, Alappuzha Dist. The intending tenderer should inspect the site and familiarize himself with site conditions and available communication facilities, water sources and availability of power. 3.02.02. Entry into the project area will be restricted. Passes and permits will have to be obtained from the owner for entry of all persons and vehicles into the project area. 3.03.00 SCOPE OF WORK 3.03.01 The work essentially consists of the following: 1. Construction of Roads, Drains and Cable Trenches at INFOPARK, Cherthala. 3.03.02 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 the Consultants/INFOPARK. Such instructions shall be complied forthwith. 3.03.03 The contractor shall provide all necessary labour, materials, equipments and management and supervisory personnel to complete the works provided under this contract in time. 3.04.00 ASSIGNMENT AND SUB-CONTRACTING 3.04.01 ASSIGNMENT The contractor shall not assign the contract or any part thereof or any benefit or interest therein or there under without the written permission of the Consultants/INFOPARK. 3.04.02 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 or the Owner/Consultants and such consent, if given, shall not relieve the Contractor from any liability or obligation under the contract and the Contractor shall be responsible for the acts, defaults and neglects of the sub-contractor, 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. The Contractor before appointing the sub-contractor for specialized works should take approval from the employer/consultant in each case. The Contractor shall furnish necessary documents/evidence in support of the capability of the Sub-contractor to undertake the work. The pre-qualification of the sub-contractor shall be based on:
3.05.00 DRAWING 3.05.01 ISSUE OF DRAWINGS Drawings approved for construction 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 the Consultants or their representative of any further drawings or specifications that may be required for the execution of the works or otherwise under the contract. 3.05.02 COPIES OF DRAWINGS TO BE KEPT AT 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 the architect or his representative and by any other person authorised by the Consultants in writing. 3.05.03 ISSUE OF FURTHER DRAWINGS AND INSTRUCTIONS The Consultants shall have full power and authority to supply to the Contractor from time to time through his 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. 3.05.04 OWNERSHIP OF DRAWINGS All drawings supplied to the Contractor are deemed to be the property of the Consultants/INFOPARK. The Contractor should not divulge or use, expect for the purpose of this contract, any information contained in the drawings. 3.05.05 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 authorised by the “Owner”. 3.05.06 PLANS AND DRAWINGS TO BE SUBMITTED BY CONTRACTOR The Contractor shall submit the following information in triplicate to Consultants for approval within the time stipulated: each item below:- a) A general tentative layout plan of construction plant and equipments for the execution of work within 7 days from the date of receipt of work order. b) Drawings or prints showing the location of major plants and other facilities which he proposes to put up at the site, including any changes in the general layout, at least 7 days prior to the commencement of the respective work. c) Layout and details of temporary works that the contractor wants to carry out to fulfill his obligation under the contract, within 15 days. All these plans and drawings submitted by the Contractor and approved by the Consultants shall become part of the contract. 3.05.07 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 sum and the Contractor shall indemnify the “Owner” from and against all claims, proceedings, damages, costs and expenses which may be brought or made against the “Owner” 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. 3.06.00 GENERAL OBLIGATIONS 3.06.01 INSPECTION OF SITE ETC. 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 and nature of the site, the quantities and nature of work and materials and its availability required for the completion of the works, the means of access to the site, availability of water including possibility of creating facilities for its conveyance to various points the local labour conditions, the accommodation he may requires and in general shall obtain all necessary information as to the risks, contingencies and other circumstances which may influence or affect his tender. 3.06.02 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 otherwise provided, cover all his obligations under the contract and all matters and things necessary for the proper completion and maintenance of the work. 3.06.03 CLARIFICATION ON TENDER DOCUMENTS A prospective contractor requiring any clarification on the tender documents may notify Consultant/INFOPARK in writing or by cable (hereinafter “cable” includes telex and facsimile) at least 3 days (preferably) prior to the Pre-bid meeting. Consultant/INFOPARK will respond to such request for clarification at the time of Pre-bid meeting. 1. The Contractor or his official representative is invited to attend a Pre-bid meeting, which will take place at the Office of the INFOPARK on the date and time specified in the Notice Inviting Tender. 2. The purpose of the meeting will be to clarify issues and to answer questions on any matter that may have been raised up to that stage. 3. Minutes of the meeting, including the text of the questions raised and the responses given will be transmitted within 3 days of Pre-bid meeting to all purchasers of the tender documents. Any modification of the tender documents which may become necessary as a result of the Pre-bid meeting shall be made by the Consultant/INFOPARK exclusively through the issue of an Addendum and not through the minutes of the Pre-bid meeting. 4. Non attendance at the Pre-bid meeting will not be a cause for disqualification of a Contractor. B. Amendment of Tender Documents 2. Any addendum thus issued shall be part of the tender documents and shall be communicated in writing or by cable or fax to all the purchasers of the tender documents. 3.06.04 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. 3.06.05 LOCATION OF WORK Unless specifically mentioned in the item, the work described there-in may be at any location or elevation, inside the project area. 3.06.06 TENDER OPEN FOR The tender shall remain open for acceptance for a period of 120 days from the date of submission of the tender. 3.06.07 COMMENCEMENT OF WORK The Contractor shall commence the work at site, within 7 days of from issue of Letter of Acceptance or handing over of the site or being advised by “INFOPARK” unless otherwise specified whichever is earlier, and shall proceed with the same with due expedition. 3.06.08 PROGRAMME OF WORK Soon after the award of contract, the Contractor shall submit to the Consultants for his approval a programme in MS project or latest project Management tools 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 the Consultants on Consultant’s 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 Contractor intends to supply use or construct as the case may be. The submission to and approval, if any, by the Consultants or his representative of such programmes or particulars shall not relieve the Contractor of any of his duties or representatives under the contract. The detailed programme shall include submission of plant and equipment to meet the schedule of construction. 3.06.09 CONTRACTOR’S EMPLOYEES The bidder shall furnish their proposed organisation chart along with the tender covering manpower for all areas such as construction management, planning, site supervision, quantity survey, laboratory set – up, operation & maintenance of plant & equipment, local procurement, site security, etc. for review by INFOPARK. In case the bid is accepted he shall mobilise the full manpower as per the accepted organisation chart of the tender as per approved programme & work. The Contractors 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 the owners. Only such technical assistants as are skilled and experienced in their respective fields and such-agents, foreman and leading hands as are competent to give proper supervision to the work they 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 shall be provided. 3.06.10 REMOVAL OF WORKMEN The Consultants/”INFOPARK” 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 the Consultants misconduct himself or is incompetent or negligent in the proper performance of his duties or whose employment is otherwise considered by the Consultants to be undesirable and such person shall be replaced by the Contractor without delay by a competent substitute approved by “INFOPARK”. 3.06.11 COMMUNICATIONS TO BE IN WRITING All references, communications, correspondences made by “INFOPARK”, the Consultants, the Consultant’s representative or the Contractor concerning the works shall be in writing and no reference, communication, or complaint which is not in writing, shall be recognised. 3.06.12 OCCUPATION AND USE OF LAND INFOPARK will provide of land to the contractor for setting up his plant and material storage. All construction roads shall be made by the contractor at his own cost and no compensation will be paid to the contractor in this regard. 3.06.13 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 the Consultants. Permission for the construction of such sheds shall be obtained in writing. 3.06.14 MATERIALS, TOOLS AND PLANT 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 the Consultants before using on the works. All the rejected materials shall be removed at once from the site of work at the Contractor’s own cost. The bidder shall submit a list of equipments that he/the firm owns, along with the technical bid. 3.06.15 TOLLAGES ETC. 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. 3.06.16 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 the Consultants or Consultant’s representative, shall at his own cost rectify such error to the satisfaction of the Consultants or his representative. The checking of any setting out or of any work by the Consultant/INFOPARK shall not any way relieve the Contractor from any of his obligations under this contract. The Contractor shall provide all necessary instruments, appliances and labour required by the Consultants or his 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 their dismantling, when no longer required. 3.06.17 DAMAGE TO PERSONS AND PROPERTY The Contractor shall indemnify and keep indemnified “INFOPARK” against all losses and claims for injuries or damages to any person or property whatsoever which may 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 in relation thereto. 3.06.18 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 “INFOPARK” 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 are also in progress simultaneously. 3.06.19 BARRICADING AROUND EXCAVATED TRENCHES, ETC. The Contractor shall at his own cost provide around excavation, temporary barricading with bellies and bamboo with warning signals and lights 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. 3.06.20 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 the Consultants for their approval at least before 15 days of commencing the fabrication. All the details like sizes, capacities, dimensions, arrangement of fabrication, etc. should be clearly indicated on these drawings. 3.06.21 PROTECTION OF UNDERGROUND SERVICES The contractor must take all precautionary measures to protect the underground and other services lines viz. oil pipe lines, cables, water and sewer lines, etc. and observe any specific instructions which may be given in this regard by the Consultants/Statutory Authorities. 3.06.22 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, ponds or 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, ponds or pits so as to avoid unnecessary delay and possible damage to the property, etc. 3.06.23 WORK IN OR AROUND OPERATING PLANT, OFFICES OR INSTITUTIONS, ETC. Where the work is being carried out in or around an operating plant where the plant must run uninterrupted, the contractor shall work only at specified place and times as mutually arranged between the Contractor and the Consultants/”INFOPARK”. Similar arrangement must be made while executing works inside the offices, institutions, 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. 3.06.24 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 the Consultants for which “INFOPARK” shall not be liable to pay any extra. If instructed by the Consultants, the Contractor should carry out the work in the night also. 3.06.25 SITE ORDER BOOK A site order book must be maintained and always be available at site to record the instructions by INFOPARK/Consultants or their representative. The Contractor must see that the instructions noted therein are properly carried out. 3.06.26 DELAY IN OBTAINING MATERIALS SUPPLIED BY THE OWNER If “INFOPARK” 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 the Consultants/”INFOPARK” and so adjust the progress of the works that labour may not remain idle nor there by any other claim due to or arising from delay in obtaining the materials. 3.06.27 RECORD OF MATERIALS SUPPLIED BY THE OWNER The contractor shall maintain an account of different materials obtained from “INFOPARK” for executing the works under the contract. The Consultants/”INFOPARK” shall have the right to check the position of materials at all times. 3.06.28 SAFE STORAGE OR MATERIALS The contractor shall be responsible for the safe storage of materials supplied by “INFOPARK” for executing of the works. Surplus materials lost or damaged or unaccounted for or made unserviceable by the Contractor shall be charged as specified in the special conditions. 3.06.29 TRANSPORT OF MATERIALS Unless otherwise specified, all the materials supplied by “INFOPARK” shall be transported by the Contractor from “INFOPARK”s store/yard, to the site of work at no extra cost. 3.06.30 SITE TO BE KEPT CLEAN The site and the area if allotted for setting up the plant shall be kept clean by removal of surplus spoil, debris packing case, scraps, and all unwanted material as directed. All unwanted material and debris shall be removed to places outside the site/plant area by the Contractor at no extra cost to INFOPARK as directed. If the site/premises is not cleared as per instruction, INFOPARK will get the site/premises cleaned at the risk and cost of the contractor. However, reusable materials shall be removed to places within the Park including stacking spreading etc. as directed at no extra cost to INFOPARK. As soon as the work is completed the area allotted for setting up the plant shall be cleared off all equipments and materials and handed over back to INFOPARK. 3.06.31 CONFLICT IN MEANING BETWEEN SCHEDULE OF QUANTITIES AND SPECIFICATIONS The schedule of quantities shall be read in conjunction with the specification, and in the event of conflict in meaning between the two the corresponding item in the schedule of quantities shall always have precedence over the specifications. 3.07.01 LABOUR 3.07.01 LABOUR RULES In respect of all labour directly or indirectly employed on the works by the Contractor, the Contractor shall comply with the provisions of the contract labour (Regulation and Abolition) Act 1970, Minimum Wages Act 1948, Payment of Wages Act 1936 and any amendments thereof and all legislation and rules of the State and/or Central Government or other local authorities, framed from time to time, governing the protection of health, sanitary arrangements, wages, welfare and safety for labour employed on building and construction works and for bonus, retirement benefits, retrenchment/lay off, compensation and all other matter of liabilities of “INFOPARK” to employees. The rules and the other statutory obligations with regard to fair wages, welfare and safety measures, maintenance of register, etc. will be deemed to be part of the contract. 3.07.02 REPORTING ACCIDENT OF LABOUR The Contractor shall be responsible for the safety of all employees and/or workers employed or engaged by him on and in connection with the works and shall forthwith report all cases or accidents to any of them, however caused and whenever occurring, to the Consultants or his representative and shall make every arrangement to render all possible assistance and aid to the victims of the accident. 3.07.03 PROVISION OF WORKMEN’S COMPENSATION ACT The Contractor shall at all times indemnify and keep indemnified “INFOPARK” against all claims for compensation under the provisions of the workmen’s Compensation Act 1923 or any other law for the time being in force by or in respect of any workmen employed by the Contractor in carrying out the contract and against all cost and expenses or penalties incurred by “INFOPARK” in connection therewith. In any case in which, by virtue of the provision of the said act, “INFOPARK” is obliged to pay compensation to a workman employed by the Contractor in executing the works, “INFOPARK” shall recover from the Contractor the amount of the compensation so paid and without prejudice to the rights of “INFOPARK” under the said Act. “INFOPARK” shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any amount due by “INFOPARK” to the Contractor, whether under this contract or otherwise without prejudice to any other remedy that may be available to “INFOPARK”, in law. “INFOPARK” shall not be bound to contest any claim made against it under the said Act, except on the written request of the Contractor and upon his giving to “INFOPARK” full security for all cost for which “INFOPARK” might become liable in consequence of contesting such claim. 3.07.04 ACCIDENT OR INJURY TO WORKMEN “INFOPARK” shall not be liable for, in respect, or any damages or compensation payable as per regulations or in consequence of any accident or injury to any workmen or other person in the employment of the Contractor shall indemnify and keep indemnified “INFOPARK” against all such damages and compensation and against all claims, demands, proceedings costs, charges and expenses whatsoever in respect thereof or in relation thereto. 3.07.05 PRESERVATION OF PEACE The Contractor shall take requisite precautions to prevent any riotous or unlawful behaviour by or amongst his workmen and/or others employed on the works by him, for the preservation of peace and protection of the inhabitants and security of property in the neighbourhood of the works. 3.07.06 AGE LIMIT OF LABOUR The age limit for employment of labour shall be in strict accordance with the existing labour legislation. 3.07.07 RETURN OF LABOUR EMPLOYED The Contractor, if required by the Consultants, shall submit return in detail in such form and at such interval as the Consultants may prescribe showing number of different classes of labour employed on the work from time to time by the Contractor. 3.07.08 OBSERVANCE BY SUB-CONTRACTOR The Contractor shall be responsible for the observance of the provisions of aforesaid clauses by the sub-contractors employed by him in the execution of the contract. 3.08.00 MATERIAL TESTS AND WORKMANSHIP 3.08.01 QUALITY OF MATERIALS, WORKMANSHIP AND TESTS Contractor shall set up a field laboratory as specified in the Technical Specifications. All materials and workmanship shall be of the respective kinds described in the contract and in accordance with the Consultants/”INFOPARK” or their representative’s instructions and shall be subject, from time to time, to such tests as the Consultants or his representative may direct at the place or any of such places. The contractor shall provide such assistance instruments, machines, labour and materials, as are normally required for examining, measuring and testing any work and the quality, weight or quantity of any material used and shall supply samples of materials before incorporation in the works for approval as may be required by the Consultants/”INFOPARK”. 3.08.02 CONSTRUCTION OF PROTOTYPES OR SAMPLES OF WORK The Contractor shall construct prototypes or samples of work as laid down in the contract or as instructed by the Consultants. Such prototypes or samples or work, after approval by the Consultants, shall serve as the standards to be achieved in the final construction. 3.08.03 COST OF SAMPLES All samples shall be supplied by the Contractor at his own cost. 3.08.04 COST OF TESTS The cost of making any test as per specifications shall be born by the Contractor, and the Contractor should arrange for all facilities like meters, instruments as required for carrying out such tests. 3.08.05 INSPECTION OF OPERATION The Consultants/”INFOPARK” or their representative shall at all times have access to the works and to the site and to all workshops and places where materials, manufactured articles or machinery are being obtained for the works and the Contractor shall afford every facility for every assistance in obtaining the right to such access. 3.08.06 EXAMINATION OF WORK BEFORE COVERING UP No work shall be covered up or put out of view without the approval of the Consultants or the Consultant’s representative and the Contractor shall afford full opportunity to the Consultants or the Consultant’s representative to examine and measure any work which is about to be covered up or put out of view and to examine foundations before permanent work is placed thereon. The contractor shall give due notice to the Consultant’s representative wherever any such work or foundations is or are ready or about to be ready for examination and the Consultantss representative shall without unreasonable delay, unless he considers it unnecessary and advises the Contractor accordingly, attend for the purpose of examining and measuring such work or of examining such foundations. 3.08.07 UNCOVERING AND MAKING OPENINGS The Contractor shall uncover any part of parts of the works or make opening in or through the same as the Consultants may, from time to time, direct and shall reinstate and make good such part of parts to the satisfaction of the Consultants. If any such part or parts have been covered up or put out of view after compliance with the requirements and found to be executed in accordance with the contract, the expenses of uncovering, making openings in or through, reinstating and making good the same shall be borne by “INFOPARK” but in any other case all such expenses shall be borne by the Contractor and shall be recoverable from him by “INFOPARK” and deducted by “INFOPARK” from any money due, which may become due to the Contractor, without prejudice to any other remedy that may be available to “INFOPARK”, by law. 3.08.08 REMOVAL OF IMPROPER WORK AND MATERIALS The Consultants or his representative shall during the progress of the works have power to order the following in writing from time to time of which no extra payment will be made to the Contractor. a) The removal from the site within such time or times as may be specified in the order of any materials, which in the opinion of the Consultants/INFOPARK or their representative are not in accordance with the contract. b) The substitution of proper and suitable materials. c) The removal and proper re-execution notwithstanding a previous test thereof or interim payment thereof of a work which in respect of materials or workmanship is not in the opinion of the Consultants/INFOPARK or their representative in accordance with contract. 3.08.09 SUSPENSION OF WORK The Contractor shall, on the written order by “INFOPARK” suspend the progress of the works or any part thereof for such time or times and in such manner as the Consultants may consider necessary and shall during such suspension, properly protect and secure the work, so far as is necessary in the opinion of the Consultants/INFOPARK. 3.09.00 TIME OF COMPLETION AND TAKING OVER 3.09.01 POSSESSION OF SITE Save in so far the contract may prescribe the extent of portions of the site of which the Consultants is to be given possession from time to time and the order in which such portions will be available to his and subject to any such portions will be available to him and subject to any requirement in the contract as to the order in which the work shall be executed, the Consultants/”INFOPARK” shall give to the Contractor possession of so much of the site as may be required to enable the Contractor to commence with such reasonable proposals of the Contractor as he will make in writing to the Consultants and shall, from time to time as the work proceeds give the Contractor possession of such further portions of the site as may be required to enable the Contractor to proceed with the construction of the works in accordance with the said programme or proposal. 3.09.02 TIME OF COMPLETION Time is deemed to be the essence of this contract and the whole of the works shall be completed within the time stipulated or within such extended time as has been allowed in writing by INFOPARK. 3.09.03 EXTENSION OF TIME OF COMPLETION Should the changes in scope of work other than variation in quantities and extra items of work or other special circumstances of any kind whatsoever which may occur, be such as fairly to justify the Contractor’s request for extension of time for the completion of the works the Consultant/INFOPARK shall determine the amount of such extension and with the approval of “INFOPARK” shall intimate the Contractor in writing provided that the Consultants is not bound to take into account any extra or additional work or other special circumstances unless the contractor has within 28 days, after such work has been commenced or such circumstances have arisen, submit to the Consultants full and detailed particulars of any request for the extension of time to which he may consider to be justified. 3.09.04 EXTENSION OF COMPLETION TIME DUE TO STRIKE, FIRE, ETC. If in the opinion of the Consultant/INFOPARK the progress of the work has at any time been delayed by strikes, fire, inclement weather, un-avoidable casualities or flooding beyond the control of the Contractor then the time of completion of the work may be extended for such reasonable time as the Consultant/INFOPARK may decide and this will be indicated in writing. 3.09.05 LIQUIDATED DAMAGES If the contractor fails to complete the work within the period of completion mentioned or within any extended time allowed the contractor shall pay or allow to the owners the sum equivalent to 0.5% of contract value per week of delay up to a maximum of 10% of contract value as liquidated and ascertained damages for the period from the date of stipulated completion or such extended time as the case may be during which the work shall remain unfinished. Such damages may be deducted by the owners from any money due or that may become due. The employer allowing the contractor provisionally or otherwise to continue with the work after the expiry of the time of completion will not make the contractor eligible for waiver of Liquidated Damages. The works shall not be treated as complete until: i) All works in the checklists prepared by the Employer/ Consultant are completed. ii) The site is clear from all materials, site shed, etc. and the Consultants is satisfied with the job done by the Contractor. iii) The Contractor has submitted the reconciliation statement regarding the stores received from “INFOPARK”, and all the surplus and salvaged materials are returned to the stores. iv) All equipment, tools, plant taken from “INFOPARK” have been returned by the Contractor. v) Any other material, taken on loan/transfer from other agency have been returned by the Contractor. vi) All power and water supply connections taken for the execution of the works have been disconnected by the Contractor. vii) Rectification of any damages done by the Contractor to the work executed has been completed by the Contractor. viii) The works shall not be considered as completed until the Consultants has certified in writing that they have been virtually completed and the Defects Liability Period shall commence from the date of such certificate. 3.09.07 TAKING OVER After completion of works or any substantial part of the works before the completion of the whole of the works, the Contractor shall notify the Consultants in writing, who within 15 days of receipt of the said notice shall give such certificate with respect to any substantial part of the works which has been both completed to the satisfaction of the Consultants and occupied or used by “INFOPARK” or refuse to issue the same stating the reasons thereof in writing. When any such certificate is given in respect of a part of the works, such part shall be considered as completed for the purpose of taking over and computation of the period of maintenance of such part, that is such period of the work as certified. The works in whole or part shall not however, be treated as completed for the purpose of other relevant clauses hereof unless and until the provision of relevant clause of the contract are fully complied with. 3.09.08 MAINTENANCE For a period of twelve months commencing immediately after taking over of the work by “INFOPARK”, the Contractor’s liability shall be to replace the defective parts, rectify/ reconstruct the defective work that may develop of his own construction or those of his sub-contractor approved by “INFOPARK” arising solely from faulty materials or workmanship. If it is necessary for the Contractor to rectify/reconstruct any defective portions of the work under the contract, the provision of this condition shall apply to the portions of work so replaced or renewed until the expiration of six months from the date of such replacement or renewal or until the end of the above mentioned period of twenty four months, whichever may be later. If any defects be not remedied within a reasonable time “INFOPARK” may proceed to do the work at Contractor’s risk and expense, but without prejudice to any other rights which “INFOPARK” may have against the Contractor in respect of such defects. The Contractor shall bear the cost of such repair/rectification carried out on his behalf at site. Immediately upon expiry of the maintenance period the Employer shall issue a final certificate indicating that the Contractor has completed his obligation under the contract. 3.10.00 TERMINATION OF CONTRACT 3.10.01 If the Contractor has abandoned the contract or has failed to proceed with the work due to negligence or the progress on any particulars item, items is slow or has failed to execute the work in accordance with the terms and conditions of the contract, is persistently or frequently neglecting to carry out his obligation under the contract, then it shall be lawful for “INFOPARK” to terminate the contract forthwith under written notice and to proceed with the balance of the work through any other agencies. During the course of execution of the job, in case the Contractor has done any substandard work, he shall be asked in writing to dismantle and redo the same at his own expenses. If the Contractor fails to comply with the above instructions immediately, then “INFOPARK” shall proceed with the above rectification work, through another agency or agencies. Similarly, if the Contractor goes slow on any particulars item or items of work, “INFOPARK” shall have the right to execute this item or items through another agency or agencies, including its own department at Contractor’s risk and cost. 3.10.02 BACK CHARGING THE CONTRACTOR Extra cost and expenses incurred for completing the balance work or carrying out the rectification of any work as mentioned above through another agency or agencies including its own department, shall be debited to Contractor’s account and shall be recovered from any money due or that may become due to the contractor without prejudice to any other remedy that may be available to “INFOPARK” in law. If there is any savings in cost due to re-arrangement or supplementing through other agencies the original contractor will not have any claim on this. 3.11.00 ALTERATIONS, ADDITIONS AND OMISSIONS 3.11.01 VARIATION The Consultants with the approval of “INFOPARK” shall be entitled to make any variation of the quality or quantity of the works or any part thereof that may in his opinion, the necessary and for that purpose, or if for any other reason it shall, in his opinion be desirable, he shall have power to order the Contractor to do and the Contractor shall do any of the following: a) Increase or decrease the quantity of any work included in the contract. b) Omit any portion of work. c) Change the character or quality or kind of any such work. d) Change the levels, lines, position and dimensions of any part of the works and e) Execute additional work of any kind necessary for the completion of the works, and no such variation shall in any way vitiate or invalidate the contract by the value, if any, of all such variations shall be taken into account in ascertaining the amount of the contract price. 3.11.02 ORDER FOR VARIATIONS TO BE IN WRITING No such variation shall be made by the Contractor without an order in writing of the Consultants, provided that no order in writing shall be required for increase or decrease in the quantity of any item or work where such increase or decrease is the result of the actual quantities exceeding or being less than those stated in the bill of quantities which are estimates. In such cases, the Contractor shall be paid only for the actual quantity of work done as certified by the Consultants at the accepted unit item rate and no compensation shall be allowed for quantity variation to any extent and rates shall remain firm till completion of the contract in all respects. Provided also that if for any reason the Consultants shall consider it desirable to give any such order verbally, the Contractor shall comply with such order but it must be followed by confirmation in writing of such verbal order given by the Consultants. 3.12.00 MEASUREMENTS 3.12.01 QUANTITIES The quantities set out in the bill of quantities are the estimated quantities of the work. They are not to be taken as the actual and correct quantities of the works, to be executed by the Contractor in fulfilment of his obligations under the contract. 3.12.02 WORKS TO BE MEASURED The Consultants shall, except as otherwise stated, ascertain and determine by measurement the value in terms of the contract. He shall when he requires any part or parts of the works to be measured, give notice to the Contractor’s authorised agent or representative, who shall forthwith attend or send a qualified agent to assist the Consultants or his representative in making such measurement, and shall furnish all particulars required by either of them. Should the Contractor not attend or neglect or omit to send such agents, then the measurement made by the Consultants or approved by him, shall be taken to be the correct measurement of the work. For the purpose of measuring such permanent work as is to be measured by record and drawings, the Consultant’s representative shall prepare records and drawings month by month and the Contractor, as and when called upon to do so in writing, shall within fourteen days, attend to examine and agree such records and drawings with Consultant’s representative and shall sign the same when so agreed. If the Contractor does not so attend to examine and agree such records and drawings they shall be taken to be correct if, after examination of such records and drawings, the contractor does not agree to the same or does not sign the same as agreed, they shall nevertheless be taken to be correct, unless the Contractor shall, within fourteen days of such examination, lodge with the Consultant’s representative for decision by the Consultants, notice in writing of the respects in which such records and drawings are claimed by him to be incorrect. 3.12.03 METHOD OF MEASUREMENT The works shall be measured in accordance to general rules for the measurement of works for payment given in KPWD specification. The measurement of individual item shall be as per the relevant clause of KPWD specification. If KPWD specification do not cover method of measurement of any specific item relevant IS code shall be followed. 1. In this tender item specifications are given in the following sections: A. TECHNICAL SPECIFICATIONS B. SCHEDULE OF QUANTITIES WITH RATES Technical specifications are the general instructions for carrying out the works. Schedule of Quantities are the descriptions of items for which unit rates are worked out by considering all tender information. 2. The Contractor has to work out his rate considering all relevant factors. The rate shall be worked out based on the unit rate specification, technical specifications and other conditions of the tender. The rate has to be entered by a single entry in the price bid both in words and in figures. 3. The contractors should certify that he has studied the works at site and acquainted himself with the position with regard to construction, materials and labour required for the work. 4. The contractors shall ensure that earnest money as specified in the tender notice is enclosed along with the technical bid. Tenders without earnest money deposit will be summarily rejected. 5. The rates should be quoted in decimal coinage system. 6. Certified copies of Registration Certificate, Partnership Deed and Power of Attorney or Articles of Agreement in case of Limited companies will have to be furnished for considering the acceptance of the tender. 7. Should the contractor notice any discrepancy or error in the statement made, or quantities or units shown against items, he shall immediately bring it to the notice of the Consultants 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 contractor to execute the work according to the statement made for quantities or units shown in the tender, without any compensation. 8. The tenderer shall execute a preliminary agreement on non-judicial stamp paper of value not less than Rs.100/- and enclose the same with the tender documents. The Performa of the preliminary agreement can be found in 5.00 – Bid Forms and Other Forms. 9. The tender of the Contractor not complying with the above instructions may be rejected. 10. The tender should put the signature on all pages of the tender documents. 11. The tenders are to be submitted in two parts, on separate sealed covers as shown below: Part-I Technical Bid with EMD 12. The quoted rate shall be written only in Part-II, “price bid”. If the quoted rate is written anywhere else other than in the price bid, such tenders will be rejected. Chief Executive Officer, INFOPARK,
I/We have carefully read the above said instructions and shall comply with the same.
Signature of the tenderer.
Place: Date : Tender No. INFOPARKCTL/KITCO/CL/001/2010 To Chief Executive Officer, Dear Sirs, Sub: CONSTRUCTION OF ROADS, DRAINS AND CABLE TRENCHES AT INFOPARK, CHERTHALA a) examined the designs, drawings, details, specification schedule of quantities, instructions to tenders, agreement and the conditions of contract annexed thereto (hereinafter called the Contract Documents) relating to Construction. b) Visited the site of work, studied the site conditions, nature of substrata, availability of construction materials and c) Acquired the requisite information on all prevailing factors affecting the tender. I/We undersigned hereby offer to construct the proposed work in strict accordance with the Contract document for the consideration to be calculated in terms of the schedule of quantities. I/We have noted that time is the essence of the contract and undertake to complete the whole of the works as per the attached schedule from the date of issue of an intimation by you that our tender has been accepted and upon receiving possession of site. I/We further undertake that on failure subject to the conditions of the contract relating to extension of time, I/We are willing to pay the agreed Liquidate Damages/Penalty for the period during which the work remains incomplete beyond the due date of completion. I/We further agree to the deduction of retention money, which will be returned to me/us as per the relevant clauses in the agreement. I/We undertake to execute the work of electrification of various facilities through a licensed electrical contractor of appropriate class as given in the tender condition. All the requirements of supervision, testing, commissioning and energising will be fulfilled by us. We have also executed the preliminary agreement as is enclosed. Further we undertake to execute the works, which will be entrusted to us in the most workman like manner within the stipulated completion period. If our Tender is found acceptable, we agree to enter into a contract as specified by you within one week of this receipt of intimation of acceptance of our tender. Our Bankers are: 1.............. 2.............. Place: Date :
Signature of tenderer Name of the partners of the firm --------------------------------------------------------------------------------------------------------------
NOTICE INVITING TENDER
Infopark Kochi Phase I is located in around 100 acres of land at Kakkanad, Kochi, is one of the major IT Parks in the country. Infopark is fully owned by Government of Kerala. Around 60 IT companies are operating from the Park employing around 8200 IT professionals. Around 80 acres of Phase I is notified as a Special Economic Zone. 60 acres in the SEZ of the Park has been leased to major IT Companies and Co-developers who have constructed their own campuses, having IT Buildings and service facilities. The security services within their campuses are managed by them through their own security force. However, the main entry to the campuses of Wipro Ltd., L&T Techpark, TCS, IBS and Brigade Enterprises is through the main gate of Infopark on the eastern side at present. Infopark is constructing a 4 lane road from airport - seaport road to the Park. When the road is commissioned the main gate will be shifted to the entry point on the western side of the Park at the 4 lane road. Infopark is acquiring additionally 160 acres in Puthencruz Kunnathunad villages for its Phase II expansion. Sealed Tenders in prescribed format are invited from reputed firms for providing “Security Services in the premises of Infopark Kochi”. Applications are invited from professionally managed, financially sound, resourceful and experienced Security Service Providers. The applicants are expected to thoroughly study the security needs by visiting the park, the gates, the facilities to be managed round the clock on all days. No consideration will be given after issue of LOI on the ground that the applicant did not envisage the volume of work that has to be managed. The Chief Executive Officer, Infopark reserves the right to reject request from any applicant for issue of tender without assigning any reason. Infopark reserves the right to short list the applicants who meets the pre-qualification criteria depending on their resources, experience and past records of successful operation. The tender shall be submitted along with earnest money deposit of Rs.15,000.00 (Rupees Fifteen Thousand Only) in the form of demand draft favouring “Chief Executive Officer, Infopark” payable at Ernakulam. Tenders without the EMD will be summarily rejected. Pre-qualification criteria:
Tender forms in the prescribed format will be available from the Infopark - Project Office, Thapasya Building, Infopark, Kakkanad, Kochi – 30 Tel: 0484 2415217, 2415218 on any working day from 18/02/2010 to 04/03/2010. The completed tender documents may be submitted to the office of the undersigned before 15.45 Hrs. on 15/03/2010. Siddhartha Bhattacharya
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NOTICE INVITING TENDER
Infopark Kochi located in around 100 acres of land at Kakkanad, Kochi is one of the major IT Parks in the country. Infopark is inviting tenders from reputed financially sound, resourceful and experienced caterers and hoteliers, capable of providing meals for approximately 1500 to 2000 professionals, for running a Multicuisine cafeteria in Base Kitchen and Three Food Courts in Vismaya building. The facility offered for catering service is as follows.
The main dishes are to be prepared at the facility (2) and are to be brought in and served at the food counters at facility (1). The Chief Executive Officer, Infopark reserves the right to reject request from any applicant for issue of tender without assigning any reason. Infopark reserves the right to short list the applicants who meets the pre-qualification criteria for running the above facilities depending on their resources, experience and past records of successful operation. The tender shall be submitted along with earnest money deposit of Rs.20,000.00 in the form of demand draft favouring Chief Executive Officer, Infopark payable at Ernakulam. Tenders without the EMD will be summarily rejected. Pre-qualification criteria:
The Food committee, if necessary will visit the restaurant, cafeteria or food court being run by the caterer and assess the quality, quantity, price, hygiene, cleanliness etc and on the basis of their report, Infopark reserves the right to reject the offer without further consideration. Tender forms in the prescribed format will be available from the Infopark - Project Office, Thapasya Building, Infopark, Kakkanad, Kochi – 30 Tel: 0484 2415217, 2415218 on any working day from 18-02-2010 to 01-03-2010. The completed tender documents may be submitted to the office of the undersigned before 3.00 p.m. on 05-03-2010. Those caterers meeting P.Q criteria and cleared by the Food Committee will be ranked on the basis of a weighted criteria system given in the tender documents and will be selected for running any one of the above facility depending on his resources and experience. Infopark reserves the right to reject any or all applications without assigning any reason.
Chief Executive Officer, Infopark
BID SYNOPSIS
-------------------------------------------------------------------------------------------------------------- TENDER NOTICEConstruction of bund wall, dredging and filling for the development of 35m wide road for Infopark AmbalappuzhaSealed item rate tenders in two bid system ( Part 1 Technical bid, Part II – Price bid ) are invited by the Chief Executive Officer, Infopark, Kakkanad, Kochi-30 from contractors having sound financial and technical resources and sufficiently experienced in the execution of dredging and bund wall, reclamation works.
Eligibility Criteria
The average annual financial turnover of other partner in the case of joint venture should not be less than Rs 2 Cr. during three preceding financial years ending on 31-3-2009. The following factors will be used for bringing the cost of works executed to a common base.
Tender documents non-transferable can be purchased from INFOPARK office Kakkanad, Kochi on any working day during office hours from 25-01-2010 to 08-02-2010 on payment of cash or DD in favour of Chief Executive Officer, Infopark for Rs. 10,000.00 (inclusive of all tax)payable at Kochi. Pre bid meeting : 10-02-2010 at 11 amLast date of submission of bid : 15-02-2010 up to 3.30 pm Date of opening of Technical and PQ bid : 15-02-2010 at 4.00 pm Infopark shall have no responsibility for any delay or non receipt of tender document sent by post/courier. Telex /Tele Fax /Email offers will not be accepted. Infopark reserves the right to accept or reject any or all the tenders with out assigning any reasons whatsoever. Tenders shall be addressed to -
BID SYNOPSIS
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