1
ESIC REGIONAL OFFICE, NEW DELHI
TENDER DOCUMENT
PART - I
TECHNICAL BID
NAME OF WORK: - Dismantling of old lifts & Supply, Installation, Testing
and Commissioning of 3 Nos. of Lifts at IG ESIC
Hospital Jhilmil, New Delhi.
2
INDEX
Sl. No. Contents Page
Part –I Technical Bid
1. Important Instructions for Bidders
regarding Online Payment 03
2. INDICATIVE CRITICAL DATE SHEET 07
3. Press Notice 08
4. Notice Inviting e-Tender 09
5. Information & Instructions to Bidders 10
6. Integrity Pact 16
7. Tender 23
8. Contract Agreement 31
9. Commercial & Additional Conditions 35
10. General Rules & Directions 42
11. Conditions & Clauses of Contract 45
12. Technical Specifications 71
13. List of Approved Make for Electrical and Civil Works 96
14. Part II Price Bid (BOQ) 97
3
Instructions for Online Bid Submission
The bidders are required to submit soft copies of their bids electronically on the CPP Portal,
using valid Digital Signature Certificates. The instructions given below are meant to assist the
bidders in registering on the CPP Portal, prepare their bids in accordance with the requirements
and submitting their bids online on the CPP Portal.
More information useful for submitting online bids on the CPP Portal may be obtained at:
https://eprocure.gov.in/eprocure/app
REGISTRATION
1) Bidders are required to enroll on the e-Procurement module of the Central Public
Procurement Portal (URL: https://eprocure.gov.in/eprocure/app) by clicking on the
link “Online bidder Enrollment” on the CPP Portal which is free of charge.
2) As part of the enrolment process, the bidders will be required to choose a unique
username and assign a password for their accounts.
3) Bidders are advised to register their valid email address and mobile numbers as part
of the registration process. These would be used for any communication from the CPP
Portal.
4) Upon enrolment, the bidders will be required to register their valid Digital Signature
Certificate (Class III Certificates with signing key usage) issued by any Certifying
Authority recognized by CCA India (e.g. Sify / TCS / nCode / eMudra etc.), with their
profile.
5) Only one valid DSC should be registered by a bidder. Please note that the bidders are
responsible to ensure that they do not lend their DSC’s to others which may lead to
misuse.
6) Bidder then logs in to the site through the secured log-in by entering their user ID /
password and the password of the DSC / e-Token.
SEARCHING FOR TENDER DOCUMENTS
1) There are various search options built in the CPP Portal, to facilitate bidders to search
active tenders by several parameters. These parameters could include Tender ID,
4
Organization Name, Location, Date, Value, etc. There is also an option of advanced
search for tenders, wherein the bidders may combine a number of search parameters
such as Organization Name, Form of Contract, Location, Date, Other keywords etc.
to search for a tender published on the CPP Portal.
2) Once the bidders have selected the tenders they are interested in, they may download
the required documents/ tender schedules. These tenders can be moved to the
respective ‘My Tenders’ folder. This would enable the CPP Portal to intimate the
bidders through SMS / e-mail in case there is any corrigendum issued to the tender
document.
3) The bidder should make a note of the unique Tender ID assigned to each tender, in
case they want to obtain any clarification / help from the Helpdesk.
PREPARATION OF BIDS
1) Bidder should consider any corrigendum published on the tender document before
submitting their bids.
2) Please go through the tender advertisement and the tender document carefully to
understand the documents required to be submitted as part of the bid. Please note the
number of covers in which the bid documents have to be submitted, the number of
documents - including the names and content of each of the document that need to be
submitted. Any deviations from these may lead to rejection of the bid.
3) Bidder, in advance, should get ready the bid documents to be submitted as indicated
in the tender document / schedule and generally, they can be in PDF / XLS / RAR /
DWF/JPG formats. Bid documents may be scanned with 100 dpi with black and white
option which helps in reducing size of the scanned document.
4) To avoid the time and effort required in uploading the same set of standard documents
which are required to be submitted as a part of every bid, a provision of uploading
such standard documents (e.g. PAN card copy, annual reports, auditor certificates etc.)
has been provided to the bidders. Bidders can use “My Space” or ‘’Other Important
Documents’’ area available to them to upload such documents. These documents may
be directly submitted from the “My Space” area while submitting a bid, and need not
be uploaded again and again. This will lead to a reduction in the time required for bid
submission process.
5
SUBMISSION OF BIDS
1) Bidder should log into the site well in advance for bid submission so that they can
upload the bid in time i.e. on or before the bid submission time. Bidder will be
responsible for any delay due to other issues.
2) The bidder has to digitally sign and upload the required bid documents one by one as
indicated in the tender document.
3) Bidder has to select the payment option as “offline” to pay the tender fee / EMD as
applicable and enter details of the instrument / scan copy.
4) Bidder should prepare the EMD as per the instructions specified in the tender
document. The original should be submitted as specified in the tender documents. The
details of the DD/any other accepted instrument, physically sent, should tally with the
details available in the scanned copy and the data entered during bid submission time.
Otherwise the uploaded bid will be rejected.
5) Bidders are requested to note that they should necessarily submit their price bids in
the format provided and no other format is acceptable. If the price bid has been given
as a standard BOQ format with the tender document, then the same is to be
downloaded and to be filled by all the bidders. Bidders are required to download the
BOQ file, open it and complete the white colored (unprotected) cells with their
respective financial quotes and other details (such as name of the bidder). No other
cells should be changed. Once the details have been completed, the bidder should save
it and submit it online, without changing the filename. If the BOQ file is found to be
modified by the bidder, the bid will be rejected.
6) The server time (which is displayed on the bidders’ dashboard) will be considered as
the standard time for referencing the deadlines for submission of the bids by the
bidders, opening of bids etc. The bidders should follow this time during bid
submission.
7) All the documents being submitted by the bidders would be encrypted using PKI
encryption techniques to ensure the secrecy of the data. The data entered cannot be
viewed by unauthorized persons until the time of bid opening. The confidentiality of
the bids is maintained using the secured Socket Layer 128 bit encryption technology.
Data storage encryption of sensitive fields is done. Any bid document that is uploaded
to the server is subjected to symmetric encryption using a system generated symmetric
key. Further this key is subjected to asymmetric encryption using buyers/bid opener’s
public keys. Overall, the uploaded tender documents become readable only after the
tender opening by the authorized bid openers.
6
8) The uploaded tender documents become readable only after the tender opening by the
authorized bid openers.
9) Upon the successful and timely submission of bids (i.e. after Clicking “Freeze Bid
Submission” in the portal), the portal will give a successful bid submission message
& a bid summary will be displayed with the bid no. and the date & time of submission
of the bid with all other relevant details.
10) The bid summary has to be printed and kept as an acknowledgement of the submission
of the bid. This acknowledgement may be used as an entry pass for any bid opening
meetings.
ASSISTANCE TO BIDDERS
1) Any queries relating to the tender document and the terms and conditions contained
therein should be addressed to the Tender Inviting Authority for a tender or the
relevant contact person indicated in the tender.
Any queries relating to the process of online bid submission or queries relating to CPP Portal in
general may be directed to the 24x7 CPP Portal Helpdesk. The contact number for the helpdesk
is 1800 233 7315. Foreign bidder can get help at +91-79-40007451 to 460.
7
INDICATIVE CRITICAL DATE SHEET
Date of Publishing 26.07.2019
Bid Document Download Starts 26.07.2019
Bid Submission Starts 26.07.2019
Pre Bid Meeting 06.08.2019
Bid Submission Ends 19.08.2019
Bid Opening Date 20.08.2019
Name ………………………………………………..
Address ……………………………………………….. ……………………………………………….. ………………………………………………..
Phone No ………………………………..………………
Email Id ………………………………..………………
Seal of the Firm ……………………………………………
8
EMPLOYEES’ STATE INSURANCE CORPORATION REGIONAL OFFICE, RAJENDRA BHAWAN
RAJENDRA PLACE, NEW DELHI - 110008
PRESS NOTICE
The Regional Director, ESI Corporation, Regional Office, Delhi invites on behalf of the
Director General, ESI Corporation online Item rate tender (in two bids) through e-
tendering mode from Lift manufactures of OTIS, KONE, Mitsubishi, Schindler,
Johnson make, M/s ThyssenKrupp, M/s Omega Elevators and M/s ECE
Elevators) only.
NIT No. : W/11/113(Jhilmil)/SR/2018/PMD Name of Work : Dismantling of old lift , Installation ,Testing and Commissioning of
3 Nos. of lift at IG ESIC Hospital Jhilmil , New Delhi.
The bid forms and other details can be obtained from the website https://eprocure.gov.in/eprocure/app. This Tender is also available on https:// www.esic.nic.in / tenders.
Addl. Commissioner – Cum - Regional Director
9
EMPLOYEES’ STATE INSURANCE CORPORATION
REGIONAL OFFICE, RAJENDRA BHAWAN RAJENDRA PLACE, NEW DELHI - 110008
NOTICE INVITING e – TENDER
The Regional Director, ESI Corporation, Regional Office, Delhi invites on behalf
of the Director General, ESI Corporation online Item rate tender (in two bids ) through
e- tendering mode from reputed, qualified, experienced, technically and financially
sound firms / contractors for as detailed below :
S.No. Particulars Details
1. Name of work Dismantling of old lifts, Supply, Installation, Testing and Commissioning of 3 Nos. of Lifts at IG ESIC Hospital Jhilmil, New Delhi.
2. Estimated Cost Rs.01,04,33,582/- (The amount of SH-III (i.e. comprehensive Maintenance part) is not included in the estimated cost)
3. Earnest Money Deposit Rs. 02,08,700/-
4. Period of Work 06 Months
5. Period during which hard copies (in original) of EMD (Envelop)
To be submitted during office hours before last Date and time of closing of Bid i.e. 20.08.2019 up to 2:00 PM at Room No. 313, Construction Branch, 3rd Floor ESIC Regional Office, Rajendra Bhawan, Rajendra Place, Delhi. In case the last day happens to be closed holiday, these documents shall be submitted on the next working day.
Any change in the tender shall be uploaded in the below mentioned website only, hence the tenderers may visit the website regularly (www.https://esictenders.eproc.in & www.esic.nic.in) to make themselves aware about the information related to the bidding.
ADDL. COMMISSIONER – CUM - REGIONAL DIRECTOR
10
Information and Instructions to Bidders :
1. The item rate offers from intending and eligible Original Equipment Manufacturers
(OEMs) of passenger Lifts (Elevators) bidders (M/s Mitsubishi, M/s Schindler, M/s OITS, M/s Kone, M/s Johnson Lifts, M/s ThyssenKrupp, M/s Omega Elevators and M/s ECE Elevators) are invited under in the prescribed forms and format through online mode only for Dismantling of Old Lift & Supply, Installation, Testing and commissioning of 3 Nos. Lift at IG ESIC Hospital, Jhilmil as described under scope of services in the bid document.
2. Bidder means the individual, proprietary firm, firm in partnership, limited company private or public or corporation. Joint Venture Firms / Companies are not eligible for participating in this bid.
3. Eligibility Criteria
(i) The Bidder should have following work experience during last seven (7) years ending
March, 2019:
Three similar completed works each costing not less than 40% of the estimated cost of the work
OR Two similar completed works each costing not less than 60% of the estimated cost of the work
OR One similar completed works each costing not less than 80% of the estimated cost of the work
(Their completion certificate along with cost of the work, period and nature of work, performance duly signed by competent authority of the concerned department should be furnished)
4. The Earnest Money Deposit (EMD) for Rs. 02,08,700/- (Rupees Two Lakhs Eight Thousand and Seven Hundred Only) should be paid in the form of Demand Draft / Pay Order, drawn from any Scheduled Bank in favor of “ESI Fund A/C No. 1” payable at New Delhi. EMD of unsuccessful bidder will be returned / refunded within one month after the award of the work to the successful bidder.
5. The bids need to be submitted only online along with all required and relevant documents related to works experience, financial strength etc. as per the requirement of bid documents duly authenticated / signed by the bidder. In complete bid is liable to be rejected.
6. Delayed / late and submission of bids by any other mode other than online mode bids will not be accepted and summarily rejected.
7. Conditional bid will not to be accepted and liable to the summarily rejected.
8. The intending bidders must read the terms and conditions of the bid document and satisfy himself fully with regard to their eligibility vis – a – vis eligibility criteria as given in para – 3 above and other pre - requirements before submitting the bids.
9. The tender for the work shall remain open for acceptance by ESI Corporation for a period 75 days from the date of opening of the tender / bid.
10. ESI Corporation reserves the right to accept or reject any bid or annul the whole bidding process without assigning any reason whatsoever.
11. The bid submitted shall become invalid if:
(i) The bidder is found ineligible vis – a – vis eligibility criteria.
(ii) EMD of requisite amount and in the prescribed manner is not deposited by the bidder.
(iii) The bidder does not upload all the documents as required under the bid.
(iv) Any discrepancy is noticed between the soft (as uploaded online) and hard copies (submitted by the bidder physically in ESIC).
11
12. The bidder must ensure to quote the item rate both in figures as well as in words. The total amount of the offer corresponding to the item rate quoted by the bidder shall also be mentioned both in words and figures.
13. Technical bid documents submitted by the eligible and intending bidders shall be opened only for those bidders whose EMD are found in order.
15 Price bids submitted by the eligible and intending bidders shall be opened only for those bidders who are found qualified based on technical bids. The financial bid shall be opened at the notified time, date and place in the presence of qualified bidders or their representatives, if they wish to be present.
16 ESIC reserves the right to verify the particulars furnished by the bidder independently and if any information furnished by the bidder is found incorrect at a later stage, the Agency shall be liable to be debarred from tendering / taking up works in ESIC.
17 The list of documents to be scanned and uploaded within the period of bid submission:
(i) Copy of EMD.
(ii) Certificate of Work Experience as per Serial No. 3 duly signed by client.
(iii) Certificate of Financial Turnover from Chartered Accountant for financial year 2015-16, 2016-17, 2017-18.
(iv) Certificate of Registration for Goods and Service Tax (GST) and acknowledgment up to date file return.
(v) Copy of valid Electrical contract license from State/ Central Govt.
(vi) Certificate of Solvency of Rs. 43.00 lakhs from his banker.
(vii) Complete Technical Particulars of all equipment and material as per Annexure – 3.
18. The bidder whose bid is accepted will be required to furnish Performance Guarantee (PG) of 5% (Five Percent) of the bid amount within 10 days of the acceptance of the bid in the form of Bank. Guarantee / FDR / Demand Draft from any nationalized bank as per format prescribed in the bid document. If the successful bidder fails to deposit the said performance guarantee within the prescribed period of 10 working days including the extended period of 3 more working days, the Earnest Money deposited by the contractor shall be forfeited automatically without any notice to the contractor. However, EMD shall be returned after receiving the PG.
19 In addition to PG, Security Deposit (SD) equal to 2.5 % of the cost of work shall be deducted by ESIC from the running and final bills of the Contractor towards fulfillment of contractual obligation on the part of Contractor. SD shall be released after successful completion of the contract in all respects and settlement of final claims by ESIC.
20. The bidder whose bid is accepted will be required to furnish either copy of applicable Licenses / Registrations or proof for applying for obtaining Labour Licenses and Registration with EPFO, ESIC and BOCW Welfare Board. The registration with EPFO and Labour License is mandatory if 20 or more labour is employed in any day in the preceding one year whereas registration with ESIC and BOCW Welfare Board is mandatory if 10 or more labour is employed in any day in the preceding one year. On acceptance of the tender, the name(s) of the authorized representative of the contractor shall be communicated in writing to ESIC by the Contractor, who would be responsible for taking instructions from ESIC.
21 Canvassing whether directly or indirectly, in connection with bidders is strictly prohibited and the bids submitted by the contractors who resort to canvassing will be liable for rejection summarily. Such bidders may not be allowed to participate in the bidding process for ESIC works in future also.
22 The tender for the works shall remain open for acceptance for a period of Seventy-five (75) days from the date of opening of eligibility bid. If any bidder withdraws his tender before the said period or issue of letter of acceptance, whichever is earlier, or makes any modifications in the terms and conditions of the tender which are not acceptable to the
12
department, then the ESIC shall, without prejudice to any other right or remedy, be at liberty to forfeit 50% of the said earnest money as aforesaid. Further the bidders shall not be allowed to participate in the re-tendering process of the work.
23 All information called for in the enclosed forms should be furnished against the relevant columns in the forms. If for any reason, information is furnished on a separate sheet, this fact should be mentioned against the relevant column. Even if no information is to be provided in a column, a "nil" or "no such case" entry should be made in that column. If any particulars/query is not applicable in case of the bidder, it should be stated as "not applicable". The bidders are cautioned that not giving complete information called for in the application forms or not giving it in clear terms or making any change in the prescribed forms or deliberately suppressing the information may result in the bid being summarily disqualified.
24 Pages of the eligibility document are numbered. Additional sheets, if any added by the contractor, should also be numbered by him. They should be submitted as a package with signed letter of transmittal.
25 References, information and certificates from the respective clients certifying suitability, technical knowledge or capability of the bidder should be signed by an officer not below the rank of Executive Engineer or equivalent.
26 The bidder may furnish any additional information which he thinks is necessary to establish his capabilities to successfully complete the envisaged work. He is, however, advised not to furnish superfluous information. No information shall be entertained after submission of technical bid document unless it is called for by the Employer.
27 Method of Application:
(i) If the bidder is an individual, the application shall be signed by him above his full type
written name and current address.
(ii) If the bidder is a proprietary firm, the application shall be signed by the proprietor above
his full typewritten name and the full name of his firm with its current address.
(iii) If the bidder is a limited company or a corporation, the application shall be signed by a
duly authorized person holding power of attorney for signing the application
accompanied by a copy of the power of attorney. The bidder should also furnish a copy
of the Memorandum of Articles of Association duly attested by a Public Notary.
28 The Agreement shall be signed between ESIC and the successful Bidder within 15 days
after the acceptance of his bid by ESIC on prescribed format which is being given in the
bid document. All the documents of the bid document shall form part of the contract
document including Integrity Packed Agreement for which format is also being provided in
the bid document.
29 Integrity Agreement:
It is here by declared that ESIC is committed to follow the principle of transparency, equity and competitiveness in procurement of services. The subject Notice Inviting Tender (NIT) is an invitation to offer made on the condition that the Bidder will sign the Integrity Agreement, which is an integral part of tender / bid documents, failing which the tenderer / bidder will stand disqualified from the tendering process and the bid of the bidder would be summarily rejected. This declaration shall form part and parcel of the Integrity Agreement and signing of the same shall be deemed as acceptance and signing of the Integrity Agreement on behalf of the ESIC.
30 All tendered rates shall be inclusive of taxes, GST, levies or cess as applicable on last date
of receipt of tender including extension, if any. However, effect of variation in rates of taxes
or cess due to change in legislation occurred after receipt of tender / bid shall be adjusted
on either side i.e. increase or decrease, as the case may be.
31 ESIC reserves the right without being liable for any damages or obligation to inform the bidder to either amend the scope and value of the contract or reject any or all the application without assigning any reason.
13
A Supplementary agreement shall be made with the successful tenderer for Sub Head III of schedule of work i.e. comprehensive maintenance of for 5 years after guarantee period of 1 year. The payment for comprehensive maintenance shall be made quarterly after the end of each quarter.
32 Information and instruction for AC & RD ESIC Delhi for e-tendering
1. The AC & RD ESIC Delhi should receive the original EMD for tender of division.
2. The NIT approving authority/CE/AC & RD at the time of issue of NIT shall also
fill and upload the following prescribed format of receipt of deposition of
original EMD along with NIT: -
Receipt of deposition of original EMD (Receipt No. ………………………………./date …………….)
(i) Name of work:- Dismantling of old lifts, Supply, Installation, Testing and
Commissioning of 3 Nos of Lifts at IG ESIC Hospital Jhilmil, New Delhi.
(ii) NIT No:- W/11/113(Jhilmil)/ SR/2018/PMD
(iii) Estimated Cost :- Rs. /- 01,04,33,582/-
(iv) Amount of Earnest Money Deposit: Rs. 2,08,700/-
___________________________________________________________________________ i. Name of Contractor……………………………#
ii. Form of EMD…………………………………..#
iii. Amount of Earnest Money deposit………….#
iv. Date of Submission of EMD…………………#
Signature, Name and Designation of
Receiving officer (AC& RD Delhi)
14
To
……………………………..
……………………………..
……………………………..
……………………………..
Sub: NIT No. : W/11/113(Jhilmil)/SR/2018/PMD for the work Replacement of
Dismantling of old lifts, Supply, Installation, Testing and Commissioning of 3 Nos
of Lifts at IG ESIC Hospital Jhilmil, New Delhi. Dear Sir,
It is here by declared that ESIC is committed to follow the principle of transparency,
equity and competitiveness in public procurement.
The subject Notice Inviting Tender (NIT) is an invitation to offer made on the condition
that the Bidder will sign the integrity Agreement, which is an integral part of tender/bid documents,
failing which the tenderer/bidder will stand disqualified from the tendering process and the bid of
the bidder would be summarily rejected.
This declaration shall form part and parcel of the Integrity Agreement and signing of
the same shall be deemed as acceptance and signing of the Integrity Agreement on behalf of
the ESIC.
Yours faithfully
AC & RD,
Delhi
15
To THE AC & RD
ESIC REGIONAL OFFICE
DELHI.
Sub: Submission of Tender for the work dismantling of old lifts, Supply,
Installation, Testing and Commissioning of 3 Nos of Lifts at IG ESIC
Hospital Jhilmil, New Delhi. Dear Sir,
I/We acknowledge that ESIC is committed to follow the principles thereof as enumerated
in the Integrity Agreement enclosed with the tender/bid document.
I/We agree that the Notice Inviting Tender (NIT) is an invitation to offer made on the
condition that I/We will sign the enclosed integrity Agreement, which is an integral part of
tender documents, failing which I/We will stand disqualified from the tendering process. I/We
acknowledge that THE MAKING OF THE BID SHALL BE REGARDED AS AN
UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the NIT.
I/We confirm acceptance and compliance with the Integrity Agreement in letter and spirit
and further agree that execution of the said Integrity Agreement shall be separate and distinct
from the main contract, which will come into existence when tender/bid is finally accepted by
ESIC . I/We acknowledge and accept the duration of the Integrity Agreement, which shall be
in the line with Article 1 of the enclosed Integrity Agreement.
I/We acknowledge that in the event of my/our failure to sign and accept the Integrity
Agreement, while submitting the tender/bid, ESIC shall have unqualified, absolute and
unfettered right to disqualify the tenderer/bidder and reject the tender/bid is accordance with
terms and conditions of the tender/bid.
Yours faithfully,
(Duly authorized signatory of the Bidder)
16
To be signed by the bidder and same signatory competent / authorized to sign the relevant
contract on behalf of AC&RD ,DELHI.
INTEGRITY AGREEMENT
This Integrity Agreement is made at ... ............................................. ... on this ............... ..
day of ... 20...
BETWEEN
AC &RD ESIC REGIONAL OFFICE RAJENDRA BHAWAN RAJENDRA PLACE, NEW
DELHI. (Hereinafter referred as the ‘Principal/Owner’, which expression shall unless repugnant to
the meaning or context hereof include its successors and permitted assigns)
AND
(Name and Address of the Individual/firm/Company)
……………………………………………………………………………………………………
………………………….. through
....................................................................................................... (Hereinafter referred to as the (Details of duly authorized signatory) “Bidder/Contractor” and which expression shall unless repugnant to the meaning or context
hereof include its successors and permitted assigns)
Preamble
WHEREAS the Principal/ Owner has floated the Tender (NIT No. W/11/113
(Jhilmil)/SR/2018/PMD) (hereinafter referred to as “Tender/Bid”) and intends to award,
under laid down organizational procedure, contract work, Dismantling of old lifts,
Supply, Installation, Testing and Commissioning of 3 Nos of Lifts at IG ESIC Hospital Jhilmil,
New Delhi. Hereinafter referred to as the “Contract”.
AND WHEREAS the Principal/Owner values full compliance with all relevant laws of the
land, rules, regulations, economic use of resources and of fairness/transparency in its
relation with its Bidder(s) and Contractor(s).
AND WHEREAS to meet the purpose aforesaid both the parties have agreed to enter into this
Integrity Agreement (hereinafter referred to as “Integrity Pact” or “Pact”), the terms and
conditions of which shall also be read as integral part and parcel of the Tender/Bid documents and
Contract between the parties.
NOW, THEREFORE, in consideration of mutual covenants contained in this Pact, the
parties hereby agree as follows and this Pact witnesses as under:
17
Article 1: Commitment of the Principal Owner
1) The Principal/Owner commits itself to take all measures necessary to prevent corruption
and to observe the following principles:
(a) No employee of the Principal/Owner, personally or through any of his/her family
members, will in connection with the Tender, or the execution of the Contract,
demand, take a promise for or accept, for self or third person, any material or immaterial
benefit which the person is not legally entitled to.
(b) The Principal/Owner will, during the Tender process, treat all Bidder(s) with equity
and reason. The Principal/Owner will, in particular, before and during the Tender
process, provide to all Bidder(s) the same information and will not provide to any
Bidder(s) confidential / additional information through which the Bidder(s) could
obtain an advantage in relation to the Tender process or the Contract
execution.
(c) The Principal/Owner shall endeavor to exclude from the Tender process any
person, whose conduct in the past has been of biased nature.
2) If the Principal/Owner obtains information on the conduct of any of its employees which
is a criminal offence under the Indian Penal code (IPC)/Prevention of Corruption Act,
1988 (PC Act) or is in violation of the principles herein mentioned or if there be a
substantive suspicion in this regard, the Principal/Owner will inform the Chief
Vigilance Officer and in addition can also initiate disciplinary actions as per its internal
laid down policies and procedures.
Article 2: Commitment of the Bidder(s)/Contractor(s)
1) It is required that each Bidder/Contractor (including their respective officers, employees
and agents) adhere to the highest ethical standards, and report to the Government /
Department all suspected acts of fraud or corruption or Coercion or Collusion of which it
has knowledge or becomes aware, during the tendering process and throughout the
negotiation or award of a contract.
2) The Bidder(s)/Contractor(s) commits himself to take all measures necessary to
prevent corruption. He commits himself to observe the following principles during his
participation in the Tender process and during the Contract execution:
a) The Bidder(s)/Contractor(s) will not, directly or through any other person or
firm, offer, promise or give to any of the Principal/Owner’s employees
involved in the Tender process or execution of the Contract or to any third person
any material or other benefit which he/she is not legally entitled to, in order to
obtain in exchange any advantage of any kind whatsoever during the Tender
process or during the execution of the Contract.
b) The Bidder(s)/Contractor(s) will not enter with other Bidder(s) into any
undisclosed agreement or understanding, whether formal or informal. This
applies in particular to prices, specifications, certifications, subsidiary
contracts, submission or non-submission of bids or any other actions to
restrict competitive or to cartelize in the bidding process. Competitiveness
or to cartelize in the bidding process.
18
c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant
IPC/PC Act. Further the Bidder(s)/Contract(s) will not use improperly, (for the
purpose of competition or personal gain), or pass on to others, any information
or documents provided by the Principal/Owner as part of the business
relationship, regarding plans, technical proposals and business details,
including information contained or transmitted electronically.
d) The Bidder(s)/Contractor(s) of foreign origin shall disclose the names and
addresses of agents/representatives in India, if any. Similarly
Bidder(s)/Contractor(s) of Indian Nationality shall disclose names and addresses
of foreign agents/representatives, if any. Either the Indian agent on behalf of the
foreign principal or the foreign principal directly could bid in a tender but not
both. Further, in cases where an agent participates in a tender on behalf of one
manufacturer, he shall not be allowed to quote on behalf of another manufacturer
along with the first manufacturer in a subsequent/parallel tender for the same item.
e) The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and all
payments he has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the Contract.
3. The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above or be an accessory to such offences.
4) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm
indulge in fraudulent practice means a willful misrepresentation or omission of facts or submission of fake/forged documents in order to induce public official
to act in reliance thereof, with the purpose of obtaining unjust advantage by or causing damage to justified interest of others and/or to influence the
procurement process to the detriment of the Government interests. 5) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm use
Coercive Practices (means the act of obtaining something, compelling an action or influencing a decision through intimidation, threat or the use of force directly or indirectly, where potential or actual injury may befall upon a person, his/ her reputation or property to influence their participation in the tendering process).
Article 3: Consequences of Breach
Without prejudice to any rights that may be available to the Principal/Owner under law or the Contract or its established policies and laid down procedures, the Principal/Owner shall have the following rights in case of breach of this Integrity Pact by the Bidder(s)/Contractor(s) and the Bidder/ Contractor accepts and undertakes to respect and uphold the Principal/Owner’s absolute right: 1) If the Bidder(s)/Contractor(s), either before award or during execution of Contract has
committed a transgression through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question, the Principal/Owner after giving 14 day’s notice to the contractor shall have powers to disqualify the Bidder(s) /Contractor(s) from the Tender process or terminate/determine the
19
Contract, if already executed or exclude the Bidder/Contractor from future contract award processes. The imposition and duration of the exclusion will be determined
by the severity of transgression and determined by the Principal/Owner. Such
exclusion may be forever or for a limited period as decided by the Principal/Owner.
2) Forfeiture of EMD/Performance Guarantee/Security Deposit: If the
Principal/Owner has disqualified the Bidder(s) from the Tender process prior to the award of the Contract or terminated/determined the Contract or has accrued the right to terminate/determine the Contract according to Article 3(1), the Principal/Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount of Earnest Money Deposit, Performance Guarantee and Security Deposit of the Bidder/Contractor.
3) Criminal Liability: If the Principal/Owner obtains knowledge of conduct of a Bidder or
Contractor, or of an employee or a representative or an associate of a Bidder or Contractor which constitutes corruption within the meaning of IPC Act, or if the Principal/Owner has substantive suspicion in this regard, the Principal/Owner will inform the same to law enforcing agencies for further investigation.
Article 4: Previous Transgression
1) The Bidder declares that no previous transgressions occurred in the last 5 years with any other Company in any country confirming to the anticorruption approach or with Central Government or State Government or any other Central/State Public Sector Enterprises in India that could justify his exclusion from the Tender process.
2) If the Bidder makes incorrect statement on this subject, he can be disqualified from
the Tender process or action can be taken for banning of business dealings/ holiday
listing of the Bidder/Contractor as deemed fit by the Principal/ Owner.
3) If the Bidder/Contractor can prove that he has resorted / recouped the damage caused by
him and has installed a suitable corruption prevention system, the Principal/Owner
may, at its own discretion, revoke the exclusion prematurely.
Article 5: Equal Treatment of all Bidders/Contractors/Subcontractors
1) The Bidder(s)/Contractor(s) undertake(s) to demand from all sub-contractors a
commitment in conformity with this Integrity Pact. The Bidder/Contractor shall be
responsible for any violation(s) of the principles laid down in this agreement/Pact by
any of its Subcontractors/sub-vendors.
2) The Principal/Owner will enter into Pacts on identical terms as this one with all Bidders
and Contractors.
3 The Principal/Owner will disqualify Bidders, who do not submit, the duly Signed Pact
between the Principal/Owner and the bidder, along with the Tender or violate its
provisions at any stage of the Tender process, from the Tender process.
20
Article 6- Duration of the Pact
This Pact begins when both the parties have legally signed it. It expires for the
Contractor/Vendor 6 months after the completion of work under the contract or till the continuation
of defect liability period (12 months) , whichever is more and for all other bidders, till the Contract
has been awarded.
If any claim is made/lodged during the time, the same shall be binding and continue to be
valid despite the lapse of this Pacts as specified above, unless it is discharged/determined by the
Competent Authority, ESIC.
Article 7- Other Provisions
1) This Pact is subject to Indian Law, place of performance and Jurisdiction is the
AC&RD of the ESIC of the Principal/Owner, who has floated the Tender.
2) Changes and supplements need to be made in writing. Side agreements have not
been made.
3) If the Contractor is a partnership or a consortium, this Pact must be signed by all the
partners or by one or more partner holding power of attorney signed by all partners and
consortium members. In case of a Company, the Pact must be signed by a representative
duly authorized by board resolution.
4) Should one or several provisions of this Pact turn out to be invalid; the remainder of this
Pact remains valid. In this case, the parties will strive to come to an agreement to
their original intensions.
5) It is agreed term and condition that any dispute or difference arising between the parties
with regard to the terms of this Integrity Agreement / Pact, any action taken by
the Owner/Principal in accordance with this Integrity Agreement/ Pact or
interpretation thereof shall not be subject to arbitration.
Article 8- LEGAL AND PRIOR RIGHTS
All rights and remedies of the parties hereto shall be in addition to all the other legal rights and
remedies belonging to such parties under the Contract and/or law and the same shall be deemed to
be cumulative and not alternative to such legal rights and remedies aforesaid. For the sake of
brevity, both the Parties agree that this Integrity Pact will have precedence over the Tender/Contact
documents with regard any of the provisions covered under this Integrity Pact.
21
IN WITNESS WHEREOF the parties have signed and executed this Integrity Pact at the place
and date first above mentioned in the presence of following witnesses:
(For and on behalf of AC&RD
AC&RD
ESIC REGIONAL OFFICE DELHI
(For and on behalf of Bidder/Contractor)
WITNESSES:
1. …………………………………….
(signature, name and address)
2. …………………………………….
(signature, name and address)
Place:
Dated:
22
ESIC REGIONAL OFFICE DELHI
State - Delhi
Item Rate Tender & Contract for Works
(A). Tender for the work of: “Dismantling of old Lifts and Supply, installation, Testing and
Commissioning of 3 Nos of New Lifts” at IG ESIC Hospital ,Jhilmil, New Delhi.
(i).
.
Technical Bid to be opened in presence of tenderers who may be present 20.08.2019 at 15.00
hours on same day.
23
TENDER
I/We have read and examined the notice Inviting Tender, Schedule, Specifications applicable, General Rules
and Directions, Conditions of Contract, clauses of contract, special conditions, Schedule of Rate & other
document and Rules referred to in the conditions of contract and all other contents in the tender document for
the work.
I/We hereby tender for the execution of the work specified for the Indira Gandhi ESI Hospital Jhilmil ,New
Delhi within the time specified in Schedule `F’ viz, schedule of quantities and in accordance in all respects with
the specifications, designs, drawings and instructions in writing referred to in Rule-I of General Rules and
Directions and in clause 11 of Clauses of contract and in respects in accordance with such conditions so far as
applicable.
We agree to keep the tender open for 75 days from the due date of submission thereof and not to make any
modifications in its terms and conditions.
A sum of Rs. 02,08,700/-is hereby forwarded in Bank draft / Pay Order/ Deposit at call Receipt of a Schedule
Bank as earnest money. If I/we, fail to commence the work specified I/we agree that the said AC & RD, Delhi,
ESIC or their nominees in office shall without prejudice to any other right or remedy, be at liberty to forfeit the
said earnest money absolutely otherwise the said earnest money shall be retained by him towards security
deposit to execute all the works referred to in the tender documents upon the terms and conditions contained or
referred to therein and to carry out such deviations as may be ordered.
I/We hereby declare that I/we shall treat the tender documents drawings and other records connected with the
work as secret/ confidential documents and shall not communicate information / derived there from to any
person other than a person to whom I/We am/are authorized to communicate the same or use the information
in any manner prejudicial to the safety of the Organization.
I/we agree that should I/we fail to commence the work specified in the above memorandum an amount equal to
the amount of the earnest money mentioned in the form of invitation of tender shall be absolutely forfeited to
the Organization and the same may at the option of the competent authority on behalf of the AC & RD, Delhi
,ESIC be recovered without prejudice to any other right or remedy available in law out of the deposit in so far
as the same may extend in terms of the said bond and in the event of deficiency out of any other money due to
me/ us under this contract or otherwise.
Dated ………………………….
Signature of Contractor Postal Address
Witness: Address: Occupation:
24
ACCEPTANCE
The tender for the work “Dismantling and Supply installation Testing and commissioning of 3 Nos of
Lifts” at IG ESIC Hospital Jhilmil, Delhi as negotiated and provided in the letters mentioned here under) is
accepted by me for and on behalf of the AC & RD, Delhi, ESIC for a sum of
Rs………………………….(Rupees ……………….…………………………………………………
………………………………………………………………………………)
The letters referred to below shall form part of this contract Agreement: -
a)
b)
c)
For & on behalf of the AC & RD, Delhi ,ESIC
Dated ……………
Signature ________________
Designation -
25
PROFORMA OF SCHEDULES
(Operative Schedules to be supplied separately to each intending tenderer)
SCHEDULE `A ‘
Schedule of quantities enclosed.(As per Tender document Part –II )
SCHEDULE `B’
Schedule of materials to be issued to the contractor
S.No Description of item Quantity Rates in figures & Place of issue words at which the material will be charged to the contractor
1 2 3 4 5
No material shall be issued to the Contractor by the ESIC.
SCHEDULE `C’
Tools and plants to be hired to the contractor
S.No Description Hire charges per day Place of issue
1 2 3 4
No tools & plants shall be hired to the Contractor by the ESIC.
26
SCHEDULE `D’
Extra schedule for specific requirements/ document for the work, if any.
- Nil -
SCHEDULE `E’ Not applicable
SCHEDULE `F’
Reference to General Conditions of contract.
Name of work :Dismantling of Old existing 3 Nos of Non-functional 26 passenger cum bed lifts and Supply, Installation ,Testing and Commissioning of 3 Nos 26 passenger cum bed Lifts at IGI ESIC hospital JHILMIL.
Estimated cost of work: Rs. 01,04,33,582/- (approx)
(i) Earnest Money : Rs. 02,08,700/- (ii) Performance Guarantee 5% of tendered value (iii) Security deposit 2.5% of tendered value
General Rules & Directions
Officer inviting tender
Definitions :
2(v) Engineer-in-Charge
2(viii) Accepting Authority
2(x) Percentage on cost of materials And labour to cover all
overheads and profits
2(xi) Standard Schedule of Rates
AC & RD, Delhi, ESIC Based On Recommendation of SE & EE
The Engineer of ESIC
Who shall supervise and be
Incharge of the work.
Ac & RD,ESIC
15%
(i). C.P.W.D. Delhi Schedule of Rates 2018 for civil works with upto
27
2(xii) Department
Clause 1 (i) Time allowed for submission of performance guarantee from the date of issue of
letter of acceptance, in days
(ii) Maximum allowable extension beyond the period provided in (i)
Clause 2 above in days
Authority for fixing compensation under clause 2
Clause 5
Time allowed for execution of Work.
Authority to give fair and reasonable extension of time for
Clause 7 completion of work
Gross work to be done together with net payment/ adjustment of advances for material of collected, if any, since the last
such payment for being eligible
to interim payment
date correction slips issued upto the date of
receipt of tenders.
(ii) CPWD Delhi Schedule of rates 2018 for internal electrification and CPWD Delhi Schedule of Rate 2018 for external electrification with up to date correction
slips issued up to the date of receipt of tender.
ESIC,RO,Delhi
15 days
07 days
AC & RD, Delhi, ESIC
6 months
AC & RD, ESIC
Rs. 5.0 Lacs
Clause 11 Specifications to be followed for Execution of work
i).CPWD Specifications for Electrical works part –III 2003, upto date correction slips for lifts and Escalators.
ii).CPWD Specifications
28
For electrical installations Part-I, 2005 & Part-II withupto date correction slips. iii).CPWD Specifications 2009 volume I to Volume II with upto date correction slips for Civil works.
Clause 16
Competent Authority for deciding
reduced rates
AC & RD, ESIC
Milestone of Clause 5
S. No. Description of (physical) Time allowed in days (from date of start)
Amount to be withheld in case of non achievement of milestone
1 Submission of Drawings for approval 30 days 1% of tendered amount
2 Supply of complete set of materials for lift 120 days 1% of tendered amount
3 Erection of lift 150 days 1% of tendered amount
4 Testing and commissioning of Lift 180 days 1% of tendered amount Time allowed for execution of work 6 Months
29
Form of Performance Security (Guarantee)
Bank Guarantee Bond
In consideration of the Employees’ State Insurance Corp. (hereinafter called ‘The Organization’)
having offered to accept the terms and conditions of the proposed agreement between ___________________________ and ______________(hereinafter called ”the said contractor(s)”for the Work ______________________________________________________(hereinafter called” the said
Agreement”) having agreed to production of a irrevocable Bank Guarantee for
Rs.______________(Rupees________________________only) as a security / guarantee from the
contractor(s) for compliance of his obligations in accordance with the terms and conditions in the said
agreement.
We____________________________(hereinafter referred to as “the Bank”) hereby undertake to (Indicate the name of the Bank)
pay to the Organization an amount not exceeding Rs. ____________ (Rupee
_______________________only) on demand by the Organization.
2. We, __________________________do hereby undertake to pay the amounts due and payable
(Indicate the name of the Bank) under this guarantee without any demure, merely on a demand from the Organization stating that the amount claimed as required to meet the recoveries due or likely to be due from the said contractor (s. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the bank under this Guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding to Rs. ____________Rupees_______________________only).
3. We, the said bank further undertakes to pay the organization any money so demanded
notwithstanding any dispute or disputes raised by the contractor (s) in any suit or proceeding pending before any court or Tribunal relating thereto, our liability under this present being absolute and unequivocal.
The payment so made by us under this bond shall be a valid discharge of our liability for
payment there under and the Contractor (s) shall have no claim against us for making such
payment. 4. We, __________________further agree that the guarantee herein contained shall remain in
full (Indicate the name of the Bank)
30
force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the due of the Organization under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till Engineer-in-Charge on behalf of the Organization certified that the terms and conditions of the said agreement have been fully and properly carried out by the said Contractor (s) and accordingly discharges this guarantee.
5. We_____________________ further agree with the Organization that the Organization shall have
(Indicate the name of the Bank) the fullest liberty without our consent and without affecting in any manner our obligation hereunder to vary any of the terms and conditions of the said agreement or to extend time of performance by the said Contractor (s) from time to time or to postpone for any time or form
time to time any of the powers exercisable by the Organization against the said contractor (s)and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relived from our liability by reason of any such variation, or extension being granted to the said Contractor (s) or for any forbearance, act of omission on the part of the Organization or any indulgence by the Organization to the said Contractor (s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.
6. This guarantee will not be discharged due to the change in the constitution of the Bank or
the Contractor (s). 7. We__________________________ lastly undertake not to revoke this guarantee except
with the (Indicate the name of the Bank)
pervious consent of the Organization in
writing. 8. This guarantee shall be valid up to ___________ unless extended on demand by the
Organization. Notwithstanding anything mentioned above, our liability against this guarantee is restricted to Rs._______________ (Rupee ____________________only) and unless a claim in writing is lodged with us within six months of the date of the expiry or the extended date of expiry of this guarantee all our liabilities under this guarantee shall stand discharged.
Dated the _________day of ____________ for ___________(Indicate the name of the bank)
31
Contract Agreement
(To be signed between ESIC and the Contractor on Non – Judicial Stamp Paper of minimum Rs. 100/-)
This Agreement (hereinafter referred to as the “Contract Agreement”) is made on ………………. between Employees’ State Insurance Corporation ( hereinafter call the ‘Client’ or “ESIC”, which expression shall unless repugnant to the context or meaning thereof, include its administrators, successors and permitted assigns ) of the One Part and M/s …………………………………… ( hereinafter called the ‘Contractor’ which expression shall unless repugnant to the context or meaning thereof, include its administrators, successors and permitted assigns ) of the Other Part ( the client and the Contractor are hereinafter collectively referred to as “Parties” and singly as “First Party and “Second Party” respectively ).
Whereas
Dismantling of old lifts, Supply, Installation, Testing and Commissioning of 3 Nos of Lifts at IG ESIC Hospital Jhilmil, New Delhi.
A. The Contractor has participated in the bidding process (conducted by the Client through e- tendering mode ) based on their professional expertise and having possessed the required technical competence and financial capability for fulfilling the requirements of the Client.
B The Client after due evaluation of the bids has agreed to award the contract for the work of . to M/s ………………………………………… subject to and on terms and conditions set forth in this
Contract Agreement.
NOW THEREFORE, THE PARTIES HERETO HEREBY AGREE AND THIS CONTRACT WITNESSTH AS FOLLOWS :
1. Definitions and Interpretation
In the Contract, the following words and expressions shall have the meanings hereby assigned to them except where the context otherwise requires :
(i) “ Employer” means the ESIC and the legal successors in title to ESIC.
(ii) “Engineer” means the person appointed by ESIC to act as Engineer for the purposes of the Contract.
(iii) “Contractor” / bidders / Tenderer means an individual or firm ( proprietary or partnership ) whether incorporated or not, that has entered into contract ( with the employer ) and shall include his / its heirs, legal representatives, successors and assigns. Changes in the constitution of the firm, if any shall be immediately notified to the employer, in writing and approval obtained for continued performance of the contract.
(iv) Market Rate shall be the rate as decided by the Engineer on the basis of the cost of the materials and labour at the site where the work is to be executed plus the percentage to cover all overheads and profits as mentioned in Particular Conditions of Contract ( PCC ).
(v) “ Contract” shall mean this Contract Agreement together with all Appendices and other relevant documents in accordance with the provisions contained in this regard in this Contract.
(vi) “Contract Price” shall mean the quoted price / amount by the Contractor in the financial bid and agreed between the Parties.
(vii) “Drawings” means all the completion drawings, calculations and technical information of a like nature provided by the Engineer to be Contractor under the Contract and all drawings, calculations, samples, patterns, model Repair and Repair and Maintenance manuals and other technical information of a like nature submitted by the contractor and approved by the Engineer.
(viii) “Bill of Quantities”” means the priced and completed bill of quantities Forming part of the tender / bid.
(ix) “Tender”” means the Contractor’s priced offer to the Client for the execution and
completion of the works and the remedying of any defects therein in accordance with the
32
provisions of the contract, as accepted by the Letter of Acceptance. The work Tender is synonymous with “Bid” and the words “Tender Documents”” with “Bidding Documents”.
(x) Client’s Requirements shall mean the broad requirements of ESIC set forth in Appendix ‘A’ hereto and which in relation to the ARM work, are required to be fulfilled and complied with by the Contractor in terms of this Contract.
(xi) General Conditions of Contract or GCC shall mean the General Conditions of Contract as set forth in Appendix – ‘B’ to this Contract.
(xii) Particular Conditions of Contract or PCC shall mean the particular conditions of Contract as set forth in Appendix – ‘C’ to this Contract.
2. Time for Completion
The Repair and Maintenance work shall be for a period of 6 month or as mentioned in the letter of commencement and shall start from the date issue of letter commencement and shall stand terminated after the expiry of one year unless it is mutually extended.
3. Extension of Time for Completion
The Repair and Maintenance contract may be extended on the written mutual consent of both Employer and Contractor for a further period. However, employer reserves it’s right to terminate the Repair and Repair and Maintenance contract by giving 15 days’ notice at any time during the currency of the contract if the services of the agency are not satisfactory as per the opinion of employer or it’s representative. No escalation payment shall be made by ESIC either during initial contract period of one year or in extended period and the work shall have carried out by the Contractor as the same price / cost as quoted by higher earlier under the ambit of the Contract Agreement.
4. ARM work shall mean the sum of the obligations and works to be performed and undertaken by the contractor including planning, safety precautions, required tools, tackles and plants and the completion of individual item of work in all respects under and in accordance with the Contract and shall include all materials and things to be supplied / done and services and activities to be performed or provided by or which may be reasonably implied there from and necessary for execution and completion of the work by the Contractor pursuant to and in accordance with this Contract.
5. No modifications or amendment to this Contract including any of the Appendices hereto shall be valid and effectual unless expressly agreed as an amendment thereto and is in writing and dated and duly executed by the authorized representatives of the Parties thereto.
6. In the event of any conflict or inconsistency between any provision of this Contract Agreement and any of the Appendices, the provisions of this Contract shall prevail.
7. In the event of any conflict or inconsistency between any provisions of PCC and GCC, the provisions of PCC shall prevail.
8. This Contract Agreement and the following documents attached hereto shall be deemed to form an integral part of this Contract.
(i) This Contract Agreement (ii) ESIC Requirements – Appendix ‘A’. (iii) GCC – Appendix ‘B’ (iv) PCC – Appendix ‘C’ (v) Instructions to Bidders (vi) Integrity Pact / Agreement
(vii) Letter of Transmittal and Tender (viii) Technical and Financial Bids
9. This Contract Agreement and all the documents forming part of this Contract and related to this work, are to be taken as mutually explanatory and unless otherwise expressly provided in this Contract Agreement, the priority between this Contract Agreement and other documents forming part hereof shall, in the event of any conflict and inconsistency between them, be in the following order :
(i) This Contract Agreement
(ii) ESIC Requirements
33
(iii) PCC
(iv) Financial Bid / BOQ
(v) GCC
10. Execution of the Works
The Contractor agrees and undertakes to execute the ARM work, complete in all respects, under and in accordance with this Contract.
11. Rights and Obligations of the Parties
11.1 The mutual rights and obligations of the Client and the Contractor shall, without prejudice to the following, be as set forth in the Contract:
(a) In consideration of the payments agreed to be made by the Client to the Contractor as set forth in this Contract, the Contractor hereby covenants with the Client and agrees and undertakes to perform the Works including planning, designing, and executing the whole or part of the work by using required tools, tackles and plants and by observing due safety precautions for completing the assignment / the work in all respects with due diligence and to remedy any defects or deficiencies therein, in accordance with the provisions of the Contract ; and
(b) The Client hereby covenants to pay to the Contractor in consideration of his performance in terms and under this Contract, the contract price at the times and in the manner prescribed in the Contract.
11.2 With reference to the Contract Price, the Contractor acknowledges and confirms that
(i) The price quoted by the Contractor in the financial bids to this Contract are firm and fixed and not subject to any escalation and is inclusive of all applicable taxes, levies, cess etc.
(ii) All taxes on the income of the Contract shall be borne and be the liability of the Contractor and the Client shall not be liable for the same in any manner whatsoever.
12. Effective Date
The Contract shall be effective on and from the date on which all of the following conditions have been fulfilled :
(i) Furnishing of the Performance Guarantee by the Contractor to the Client in accordance with PCC ; and
(ii) Singing of the Contract Agreement by the Client and the Contractor.
13. DISCLAIMER
It is expressly understood and agreed by and between the Contractor and the client that the Client is entering into this Contract solely on its own behalf and not on behalf of any other person or entity. In particular it is expressly understood and agreed that the Government of India is not a party to this Contract and has no liabilities, obligations or rights hereunder. It is expressly understood and agreed that the Client is an Independent Legal entity with power and authority to enter into contracts solely on its own account under the applicable laws. The Contractor expressly agrees, acknowledges and understands that the Client is not an agent, representative or delegate of the Government of India. It is further understood and agreed that the Government of India is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of the Contract. Accordingly, the Contractor expressly waives, releases and foregoes any and all actions or claims, including cross claims, impleader claims or counter claims against the Government of India arising out of this Contract and covenants not to sue the Government of India as to any claim, cause of action or thing whatsoever arising out of or under this Contract.
34
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be signed in their respective names as of the day and year first above written.
For and on behalf of ESIC For an on behalf of Contractor
……………………………. ………………………………….
Name : Name :
Designation : Post :
Address : Address :
Official Seal Official Seal
Witness : Witness :
Signature :…………………. Signature : ……………………
Name : Name :
Address : Address :
35
Commercial and Additional Conditions
1.0 General
1.1 This specification covers manufacture, testing as may be necessary before dispatch, delivery at site, all
preparatory work, Assembly, installation, testing and commissioning putting into operation of Lifts.
The Lifts Machine shall be directly above the lift pit.
1.2 Location
The lift will be installed at ESIC hospital Jhilmil
S. No. Location Passenger cum bed Lift (26 P)
1. Near Ward Block 3 Lifts
Total 3 Lifts
1.3 The work shall be executed as per CPWD general specifications for Electrical works (Part-III Lifts & Escalators- 2003) amended up to date as per relevant IS and as per directions of Engineer in charge.
These additional specifications are to be read in conjunction with above and in case of variations;
specifications given in this additional condition shall apply. However, nothing extras shall be paid on
account of these additional specifications and conditions as the same are to be read along with schedule
of quantities for the work.
1.4 The tenderer should in his own interest visit the site and familiarizes himself with the site conditions
before tendering.
1.5 No T&P shall be issued by the department and nothing extra shall be paid on account of this.
2.0 Commercial Conditions
2.1 Type of Contract The work to be awarded by this tender shall be treated as indivisible works contract.
2.2 Submission and opening of tenders:
2.2.2 The tenders shall be submitted in two parts:
a. Part I- Technical Bid b. Part II – Financial Bid
2.2.3 The tenderers are advised not to deviate from the technical specifications/items, commercial terms
and conditions of NIT like terms of payment, guarantee, arbitration clause, escalation etc.
36
2.2.4 The technical bid only shall be opened first on the due date and time, as specified in the tender in the
presence of tenderers or their authorized representatives who wish to remain present.
3.2.5 Scrutiny /evaluation of the technical bid shall be done by the department in consultation with any
agency as deemed necessary. In case it is found that the technical bid of the tenderer is not in line with
the NIT specifications, requirement and or contains many deviations, the department reserves the right
to reject the technical bid of such firms (s) With /without making any reference to the tenderers.
3.2.6 The necessary clarifications required by the department shall have to be furnished by tenders within the
time given by the department by the tenderers. The tenderers will have to depute his representative to
discuss with officers(s) of the department as and when so desired. In case, in the opinion of the
department a tenderer is taking undue long time in furnishing the desired clarifications, his bid will be
rejected without making any reference.
3.2.7 After obtaining clarification from all tenderers the department may modify the technical and
commercial condition/specifications if required and will intimate the tenderers along with date and time
for submission of the price bid. The date and time of opening of price –bid will be intimated in advance.
3.2.8 In the price bid, there shall be no conditions whatsoever. In case any tenders mention any condition
including conditional rebates in their price part, tender shall be rejected forthwith.
A tenderer will also not be allowed to withdraw or modify any condition at a time after the technical
bids have been accepted and the decision to open the price bid has been taken by the department.
3.0 Terms of Payment of Sub Head - 1: The following percentage of contract rates for the various items included in the contracts shall be
payable against the stage of work shown herein.
3.1 80% for Sub Head – 1, after initial inspection and delivery at site in good condition of pro-rata basis. 3.2 10% for Sub Head – 1, after the completion of installation in all respect on pro rata basis .after
satisfactory testing by concerned inspecting authority of Delhi NCT. 3.3 Balance 10% for Sub Head – 1, will be paid after testing, commissioning trial run and handing over to
the department for beneficial use. After obtaining license from lift inspector in final bill.
4.0 Rates
37
4.1 The rates quoted by the tenderer shall be firm and inclusive of all taxes (including works contract taxes,
GST), duties and levies and all charges for packing forwarding ,insurance , freight and delivery
,installation, testing, commissioning etc. at site i/c temporary constructional storage , risk , overhead
charges general liabilities /obligations and clearance from local authorities.
4.2 The contractor has to carry out routine and preventive maintenance for 12 months i.e. defect and liability
period from the date of handing over. Nothing extra shall be paid.
4.3 Octroi duty shall not be paid separately but octroi exemption certificate can be furnished by the
department on demand. However, the department is not liable to reimburse the octroi duty in case
exemption certificates are not honored by the concerned authorities.
5.0 Completeness of tender All sundry equipment’s, fitting,unit assemblies ,accessories ,hardware items ,foundation bolts,
termination lugs for electrical connections, and all other items which are useful and necessary for
efficient assembly and installation of equipment and components of the work shall be deemed to have
been included in the tender irrespectively of the fact whether such items are specifically mentioned in
the tender documents or not.
6.0 For item/equipment requiring initial inspection at manufacturer’s work’ the contractor will intimate the
date of testing of equipment’s at the manufacturer’s work before dispatch. The department also reserves
the right to inspect the fabrication job at factory and the successful tenderer has to make the arrangement
for the same. The successful tenderer shall give sufficient advance notice regarding the dates proposed
for such tests/ inspections to the department’s representatives to facilities his presence during testing
/fabrication .The Engineer-in-charge at his discretion may witness such testing /fabrication. The cost
of the Engineer/s visit to the factory will be borne by the Department. Also equipment may be inspected
at the Manufacture’s premises, before dispatch to the site by the contractor.
7.0 Storage and custody of material
The agency has to make his own arrangement. No separate storage accommodation shall be provided
by the department. Watch and ward of the stores and their safe custody shall be the responsibility of
the contractor till the final taking over of the installation by the department.
8.0 Care of the building: Care shall be taken by the contractor while handling and installing the various equipment’s and
components of the work to avoid damage to the building. He shall be responsible for repairing all
damages and restoring the same to their original finish at his cost. He shall also remove at his cost all
unwanted and waste material arising out of the installation from the site of work.
9.0 Completion of period The completion period of 6 Months indicated in the tender documents is for the entire work of planning,
designing, supplying, installation, testing, commissioning and handling over of the entire system to the
satisfaction of the Engineer in charge.
10.0 Performance guarantee: 10.1 The tender shall guarantee among other things, the following
a) Quality, strength and performance of the materials used.
38
b) Safe mechanical and electrical stress on all parts under all specified conditions c) Satisfactory operation during the maintenance period.
10.2 The successful tenderer shall submit an irrevocable performance guarantee of 5 % of the tendered
amount in addition to other deposits mentioned elsewhere in the contract for his proper performance of
the contract agreement within 15 days of issue of letter of intent. This guarantee shall be in the form of
government securities or fixed deposit receipts of guarantee bonds of any scheduled bank or the state
bank of India in the specified format. The performance guarantee shall be initially valid up to the
stipulated date of completion plus 60 days beyond. This bank guarantee kept valid till the recording of
completion certificate for the work by the competent authority.
11.0 Guarantee 11.1 All equipment shall be guaranteed for a period of 12 months from the date of taking over the installation
by the department against unsatisfactory performance and /or break down due to defective design,
workmanship of material. The equipment’s or component, or any thereof, so found defective during
guarantee period shall be forthwith repaired or replaced free of cost, to the satisfaction of the Engineer
in charge. In case it is felt by the department that undue delay is being caused by the contractor in doing
this, the same will be got done by the department at the risk and cost of the contractor. The decision of
the Engineer in charge in this regard shall be final.
12.0 Electric supply: Electric service connection of 415V, 3 Phase, 4 wire, 50Hz, AC supply shall be
provided by Department for Installation, Testing & Commissioning purpose free of charge.
13.0 Water Supply Water supply shall be made available by Dept. at one point.
14.0 Data Manual and Drawing to be furnished by the contractor 14.1 With Tender: The tenderer shall furnish along with the tender, detailed technical literature, pamphlet
and performance data for appraisal and evaluation of the offer.
14.2 After award of work i) The successful tenderer would be required to submit the following drawings within a month of
award of work for approval before commencement of installation. a) All general arrangement drawings. b) Detail of foundations for the equipment load data, location etc. of various assembled equipment as
may be needed generally by other agencies for purpose of their work. The data will included breaking
load on guides, reaction of buffers on lift pits reaction on support points in machine room, lift well etc. c) Complete layout dimension for every unit /group of units with dimensions required for erection
purposes. d) Any other drawing /information not specifically mentioned above but deemed to be necessary for
the job by the contractor.
15.0 * The successful tenderer should furnish well in advance three copies of detailed instructions and manuals
of manufacturers for all items of equipment’s regarding installation, adjustments operation and
maintenance i/c preventive maintenance and troubleshooting together with all the relevant data sheets,
spare parts catalogue and workshop procedure for repairs, assembly and adjustment etc. all in triplicate.
16.0 Extent of work The work shall comprise of entire labour including supervision and all materials necessary to make a
complete installation and such tests and adjustments and commissioning as may be required by
39
the department. The term complete installation shall not only mean major items of the plant and
equipment covered by specification but all accidental sundry components necessary for complete
execution and satisfactory performance of installation with all layout charts whether or not those have
been mentioned in details in the tender document in connection with this contract. Minor building works necessary for installation of equipment, foundation, making of opening in walls
or in floors and restoring to their original condition, finish and necessary, grouting etc. as required. Maintenance (Routine and preventive) for one year from date of completion and handing over.
The work is turn key project. Any item required for completion for the project but left inadvertently
shall be executed with in the quoted rates.
17.0 Inspection and testing: 17.1 copies of all document of routine and type test certificates of the equipment, carried out at the
manufacturer’s premises shall be furnished to the Engineer in charge and consignee. No extra charge
will be paid on this account.
17.2.1 After completion of the work in all respect the contractor shall offer the installation for checking, testing
and operation by the Lift Inspector or any other competent authority as required and shall obtain license
for the operation of the Lifts. 17.3 Date of completion and acceptance
Date of completion and acceptance shall be the date of approval and grant of license for operation of
the lifts by the Lift inspector/competent authority
18 Validity Tender shall be valid for acceptance for a period of 75 days from the date of opening of price bid.
19 .1 Compliance with regulation and Indian standards All work shall be carried out in accordance with relevant regulation, both statutory and those specified
by the Indian standards related to the works covered by this specification. In particular, the equipment
and installation will comply with the following: i) Factories Act ii) Indian Electricity Rules iii) I.S. and BS Standards as applicable iv) Workman’s compensation Act v) Statutory norms prescribed by local bodies like CEA, State Electricity board etc.
19.2 Nothing in this specification shall be construed to relieve the successful tenderer of his responsibility
for the design, manufacture and installation of the equipment with all accessories in accordance with
currently applicable statutory regulations and safety codes.
19.3 Successful tenderer shall arrange for compliance with statutory provision of safety regulations and
departmental requirements of safety codes in respect of labour employed on the work by the tenderer.
Failure to provide such safety requirement would make the tenderer liable for penalty of Rs. 50 /- for
each default. In addition, the department will be at liberty to make arrangement for the safety;
requirements at the cost of tenderer and recover the cost thereof from him.
20.0 Indemnity The successful tenderer shall at all times indemnify the department, consequent on this works contract.
The successful tenderer shall be liable, in accordance with the Indian Law and Regulations for any
accident occurring due to any cause and the department shall not be responsible for any accident or
damage incurred or claims arising there from during the period of erection, construction and putting
into operation the equipment’s and ancillary equipment under the supervision of the
40
successful tender in so far as the latter is responsible. The successful tenderer shall also provide all
insurance including third party insurance as may be necessary to cover the risk. No extra payment
would be made to the successful tenderer due to the above.
21.0 Erection Tools No tools and tackles either for unloading or for shifting the equipment’s for erection purposes would
be made available by the department. The successful tenderer shall make his own arrangement for all
these facilities.
22.0 Cooperation with other agencies The successful tender shall coordinate with other contractors and agencies engaged in the construction
of building, if any and exchange freely all technical information so as to make the execution of this
works contract smooth. No remuneration would be claimed from the department for such technical
cooperation. If any unreasonable hindrance is caused to other agencies and any completed portion of
the work has to be dismantled and redone for want of cooperation and coordination by the successful
tenderer during course of work, such expenditure incurred will be recovered from the successful
tenderer, if the restoration work to the original condition or specification of the dismantled portion of
the work was not undertaken by the successful tenderer himself.
23.0 Mobilization Advance No mobilization advance shall be paid for this work.
24.0 Insurance and Storage All consignments are to be duly insured up to the destination from warehouse to warehouse at the cost
of the supplier. The insurance covers shall be valid till the equipment is handed over duly installed,
tested and commissioned.
25.0 Verification of correctness of Equipment at Destination The contractor shall have to produce all the relevant records to certify the genuine equipment from the
manufacturer has been supplied and erected.
26.0 Painting This shall include cost of painting of entire exposed iron work complete in the installation. All
equipment works shall be painted at the works before dispatch to the site.
27.0 Training The scope of work s includes on job technical training of two persons at site. Nothing extra shall be
payable on this account.
28.0 Maintenance Sufficient trained and experienced staff shall be made available to meet any exigency of work during
the guarantee period of one year from the handing over of the installation.
The maintenance, routine as well as preventive for one year from the date of taking over the installation
as per manufacturer’s recommendation shall be carried out and the record of the same shall have to be
maintained.
41
29.0 Interpreting Specifications
In interpreting the specification, the following order of decreasing importance shall be followed in
case of contradictions: a) Schedule of Quantities b) Technical specifications c) Drawing (If any) d) General specification e) Relevant IS or other international code in case IS code is not available.
30..0 A separate supplementary agreement shall be made with the successful tenderer for subhead II of
schedule of work i.e. comprehensive maintenance for 4 years after guarantee period of 1 year .The
payment for comprehensive maintenance shall be made quarterly after the end of each quarter. 31.0 Completion Drawings:
Three Set of completion drawing i/c Soft Copies as well as hard copy comprising minimum following shall be submitted by the contractor while handing over the Installation: a) Equipment Layout Drawings(S) giving complete details of the entire equipment’s. b) Electrical Drawings for the entire electrical equipment’s showing cable sizes, equipment’s
capacities, switchgears ratings, control components, control wirings etc. c) Schematic Diagram of the entire Lift installations.
32. The contractor or their authorized representatives are bound to sign the site order book as & when required by the engineer in charge & to comply instruction therein.
33. The digital display should be provided for the Lift in use/lift out of order sign. 34. A Supplementary agreement shall be made with the successful tenderer for Sub Head III of schedule
of work i.e comprehensive maintenance of for 5 years after guarantee period of 1 year. The payment for comprehensive maintenance shall be made quarterly after the end of each quarter.
42
General Rules & Directions
1. In the event of tender being submitted by a firm, it must be signed separately by each partner thereof
or in the event of the absence of any partner, it must be signed on his behalf by a person holding a
power of attorney authorizing him to do so, such power of attorney to be produced with the tender, and
it must disclose that the firm is duly registered under the Indian Partnership Act’ 1952.
2. Receipts for payment made on account of work, when executed by a firm, must also be signed by
all the partners, except where contractors are described in their tender as a firm in which case the
receipts must be signed in the name of the firm by one of the partners or by some other person
having due authority to give effectual receipts for the firm.
3. Any person who submits a tender shall fill up the usual printed form, stating at what rate he is willing
to undertake each item of the work. Tenders, which propose any alteration in the work specified in the
said form of invitation to tender, or in the time allowed for carrying out the work, or which contain any
other conditions of any sort including conditional rebates will be summarily rejected. Tender shall have
the name and number of the works to which they refer, written on the envelopes.
The rate(s) must be quoted in decimal coinage. Amounts must be quoted in full rupees by ignoring
fifty paise and less and considering more than fifty paise as rupee one.
4. The officer inviting tender or his duly authorized assistant, will open tenders in the presence of
intending contractors who may be present at the time, and will enter the amounts of the several tenders
in a comparative statement in a suitable form. In the event of a tender being accepted, a receipt for the
earnest money forwarded therewith shall thereupon be given to the contractor who shall thereupon for
the purpose of identification sign copies of the specifications and other related documents. In the event
of a tender being rejected, the earnest money forwarded with such unaccepted tender shall thereupon
be returned to the contractor remitting the same, without any interest.
5. The officer inviting tenders shall have the right of rejecting all or any of the tenders and will not be
bound to accept the lowest or any other tender.
6. The receipt of an accountant or clerk for any money paid by the contractor will not be considered as
any acknowledgement or payment to the officer inviting tender and the contractors shall be responsible
for seeing that he procures a receipt signed by the officer inviting tender or a duly authorized cashier.
7. The memorandum of work tendered for and the schedule of materials to be supplied by the ESIC and
their issue-rates, shall be filled and completed in the office of the officer inviting tender before the
tender form is issued. If a form is issued to an intending tenderer without having been so filled in and
incomplete, he shall request the officer to have this done before he completes and delivers his tender.
8. The tenderers shall sign a declaration under the officials Secret Act 1923, for maintaining secrecy of
the tender document drawings or other records connected with the work given to them.
9. In the case of Item Rate Tenders, only rates quoted shall be considered. Any tender containing
percentage below / above the rates quoted is liable to be rejected. Rates quoted by the contractor in
43
item rate tender in figures and words shall be accurately filled in so that there is no discrepancy in the
rates written in figures and words. However, if a discrepancy is found, the rates which correspond with
the amount worked out by the contractor shall unless otherwise provided be taken as correct. If the
amount of an item is not worked out by the contractor or it does not correspond with the rates written
either in figures or in words then the rates quoted by the contractor in words shall be taken as correct.
Where the rates quoted by the contractor in figures and in words tally but the amount is not worked out
correctly, the rates quoted by the contractor will unless otherwise proved be taken as correct and not
the amount. In the event no rate has been quoted for any item (s), leaving space both in figure(s), word
(s), and amount blank, it will be presumed that the contractor has included the cost of this/these item
(s) in other items and rate for such items (s) will be considered as zero and work will be required to be
executed accordingly.
10. In the case of any tender where unit rate of any item/ items appear unrealistic, such tender will be
considered as unbalanced and in case the tenderer is unable to provide satisfactory explanation such a
tender is liable to be disqualified and rejected.
11. All rates shall be quoted on the tender form. The amount for each item should be worked out and
requisite totals given. Special care should be taken to write the rates in figures as well as in words and
the amount in figures only, in such a way that interpolation is not possible. The total amount should be
written both in figures and in words. In case of figures, the word `Rs’ should be written before the
figure of rupees and word `P’ after the decimal figures, e.g. Rs. 2.15 P and in case of words, the word
`Rupees’ should precede and the word `Paise’ should be written at the end. Unless the rate is in whole
rupees and followed by the word `only’ it should invariably be upto two decimal places. While quoting
the rate in schedule of quantities, the word `only’ should be written closely following the amount and
it should not be written in the next line.
12. (i) The Contractor whose tender is accepted will be required to furnish performance guarantee of 5%
(Five Percent) of the tendered amount within specified period. This guarantee shall be in the form
of Govt. Securities or fixed deposit receipt of any scheduled bank or State Bank of India.
(ii) The contractor, whose tender is accepted, will also be required to furnish by way of Security
Deposit for fulfillment of his contract, an amount equal to 2.5% of the tendered value of the work.
The Security deposit will be collected by deductions from the running bills of the contractor at the
rates mentioned above and the earnest money if deposited in cash at the time of tenders, will be
treated as a part of the Security deposit. The Security amount will also be accepted in cash or in
the shape of Govt. Securities. Fixed Deposit Receipt of a Scheduled Bank or State Bank of India
will also be accepted for this purpose provided confirmatory advice is enclosed.
13. On acceptance of the tender, the name of the accredited representative(s) of the contractor who would
be responsible for taking instructions from the Engineer-in-charge shall be communicated in writing to
the Engineer-in-charge.
14. Sales-tax, purchase tax, turnover tax, service tax, VAT, Octroi or any other tax in respect of this contract
shall be payable by the contractor and ESIC will not entertain any claim whatsoever in respect of the
same.
15. The contractor shall give a list of employees of ESIC related to him.
16. The tender for the work shall not be witnessed by a contractor who himself/ themselves has/ have
tendered or who may and has/ have tendered for the same work. Failure to observe this condition
44
would render, tenders of the contractors tendering, as well as witnessing the tender, liable to summary
rejection.
17. The contractor shall comply with the provisions of the Apprentices Act 1961, and the rules and orders
issued there under from time to time. If he fails to do so, his failure will be a breach of the contract and
the AC & RD General may in his discretion without prejudice to any other right or remedy available in
law cancel the contract. The contractor shall also be liable for any pecuniary liability arising on account
of any violation by him of the provisions of the said Act.
18. Since this is a composite tender, item/ items of same nomenclature may appear under different sub-
heads. The contractor has to ensure that for such identical items, the rates quoted are same at all the
places. In case any variation in the quoted rates is found for such items, the lowest of all such quoted
rates will be taken as the tendered rate for that particular item, and the tender will be evaluated
accordingly.
45
CONDITIONS AND CLAUSES OF CONTRACT
Definitions:
1. The contract means the documents forming the tender and acceptance thereof and the formal agreement
executed between the competent authority on behalf of the AC & RD, Delhi, ESIC and the Contractor
together with the documents referred to therein including these conditions, the specifications, designs,
drawings and instructions issued from time to time by the Engineer-in-charge/ Architects and all these
documents taken together shall be deemed to form one contract and shall be complementary to one
another.
2. In the contract, the following expressions shall, unless the context otherwise requires have the
meanings, hereby respectively assigned to them: -
i). The expression works or work shall, unless there be something either in the subject or context
repugnant to such construction, be construed and taken to mean the works by or by virtue of the contract
contracted to be executed whether temporary or permanent, and whether original, altered, substituted
or additional.
ii). The site shall mean the land/ or other places on, into or through which work is to be executed under
the contract or any adjacent land, path or street through which work is to be executed under the contract or any adjacent land, path or street which may be allotted or used for the
purpose of carrying out the contract.
iii). The contractor shall mean the individual, firm or company, whether incorporated or not,
undertaking the works shall include the legal personal representative of such individual or the persons
composing such firm or company, or the successors of such firm or company and the permitted
assignees of such individual, firm or company.
iv).
The AC & RD, Delhi, ESIC means their nominees also.
v).
AC & RD, Delhi means the Additional Commissioner & Regional AC & RD, Delhi,
Rajendra Bhawan, Rajendra Place, New Delhi-08.
vi) The Engineer-in-charge means the Engineer of ESIC who shall supervise and be in-charge of
the work.
vii). Architect means the Architect appointed by ESIC, New Delhi.
viii) Centre means the ESIC Hospital Jhilmil.
ix). Department means ESIC
x) Government means Govt of India or Govt. of Delhi as applicable.
xi) Accepting authority shall mean the authority who accepts the tender.
xii) Excepted Risk are risks due to riots (other than those on account of contractor’s employees),
war (whether declared or not) invasion, act of foreign enemies, hostilities, civil war, rebellion
revolution, insurrection, military or usurped power, any acts of organization,
46
damages from aircraft, acts of God, such as earthquake, lightening and unprecedented floods,
and other causes over which the contractor has no control and accepted as such by the
Accepting Authority or causes solely due to use or occupation by Organization of the part of
the works in respect of which a certificate of completion has been issued or a cause solely due
to organization faulty design of works.
xiii). Market Rate shall be the rate as decided by the Engineer-in-charge on the basis of the cost of
materials and labour at the site where the work is to be executed plus the percentage mentioned
in Schedule `F’ to cover, all overheads and profits.
xiv). Schedule(s) referred to in these conditions shall mean the relevant schedule(s) annexed to the
tender papers or the standard Schedule of Rates mentioned in Schedule `F’ hereunder, with the
amendments thereto issued up to the date of receipt of the tender.
xv). District Specifications means the specifications followed by the State Govt in the area where
the work is to be executed.
xvi). Tendered value means the value of the entire work as stipulated in the letter of award.
3. Scope & Performance
Where the context so requires, words imparting the singular only also include the plural and vice versa.
Any reference to masculine gender shall whenever required include feminine gender and vice versa.
4. Headings and Marginal notes to these General Conditions of Contract shall not be deemed to form part
thereof or be taken into consideration in the interpretation or construction thereof or of the contract.
5. The contractor shall be furnished, free of cost one certified copy of the contract documents except
standard specifications. Schedule of Rates and such other printed and published documents, together
with all drawings as may be forming part of the tender papers. None of these documents shall be used
for any purpose other than that of this contract.
6. Works to be carried out: - The work to be carried out under the Contract shall, except as otherwise
provided in these conditions, include all labour, materials, tools, plants, equipment and transport which
may be required in preparation of and in the full and entire execution and completion of the works. The
descriptions given in the Schedule of quantities shall, unless otherwise stated, be held to include
wastage on materials, carriage and cartage, carrying and return of empties, hoisting, setting, fitting and
fixing in position and all other labour necessary in and for the full and entire execution and completion
of the work as aforesaid in accordance with good practice and recognized principles.
7. Sufficiency of
8. 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 the rates and price quoted in the Schedule of Quantities,
which rates and prices shall except as otherwise provided, cover all his obligations under the Contract
and all matters and things necessary for the proper completion and maintenance of the works.
9. Discrepancies and Adjustment of Errors: -The several documents forming the contract are to be taken
as mutually explanatory of one another, detailed drawings being followed in preference to
47
small scale drawing and figured dimensions in preference to scale and special conditions in
preference to General conditions.
8.1 Any error in description, quantity or rate in Schedule of quantities or any omission there from shall not
vitiate the contract or release the contractor from the execution of the whole or any part of the works
comprised therein according to drawings and specifications or from any of his obligations under the
contract.
9. Signing of Contract: - The successful tenderer/contractor, on acceptance of his tender by the Accepting
Authority shall, within 15 days from the stipulated date of start of the work sign the contract consisting
of the notice inviting tender, all the documents if any, forming the tender as issued at the time of
invitation of tender and acceptance thereof together with any correspondence leading thereto.
48
CLAUSES OF CONTRACT
Clause – I Performance Guarantee
i) The contractor shall submit an irrevocable Performance Guarantee of 5% (Five Percent) of the tendered amount in addition to other deposits mentioned elsewhere in the contract for his proper performance of the contract agreement, (not withstanding and/or without prejudice to any other provisions in the contract) within period specified in Schedule ‘F’ from the date of issue of letter of acceptance. This period can be further extended by the Engineer-in-charge up to a maximum period as specified in Schedule ‘F’ on written request of the contractor stating the reason for delays in procuring the Bank Guarantee, to the satisfaction of the Engineer-in-Charge. This Guarantee shall be in the form of Deposit at call receipt of an scheduled bank/Banker’s cheque of any scheduled bank/Demand Draft
of any scheduled bank/Pay Order of any scheduled bank (in case guarantee amount is less than Rs. 1,00,000/-) or Govt. Securities or Fixed Deposit Receipts or Guarantee Bonds of any scheduled Bank or the State Bank of India in accordance with the form annexed hereto. In case a fixed deposit receipt of any bank is furnished by the contractor to the organization as part of the performance guarantee and the bank is unable to make payment against the said fixed deposit receipt, the loss caused thereby shall fall on the contractor and the contractor shall forthwith on demand furnish additional security to the organization to make good the deficit.
ii) The performance Guarantee shall be initially valid up to the stipulated date of completion plus 60 days beyond that. In case the time of completion of work gets enlarged, the contractor shall get the validity of Performance Guarantee extended to cover such enlarged time for completion of work. After recording of the completion certificate for the work by the competent authority, the performance guarantee shall be returned to the contractor, without any interest.
iii) The organization shall not make a claim under the Performance guarantee except for
amounts to which the organization is entitled under the contract (notwithstanding and/or without prejudice to any other provisions in the contract agreement) in the event of:
(a) Failure by the contractor to extend the validity of the Performance Guarantee as
described herein above, in which event the organization may claim the full amount of
the Performance Guarantee.
(b) Failure by the contractor to pay to the Organization any amount due, either as agreed
by the contractor or determined under any of the clauses/conditions of the agreement,
within 30 days of the service of notice to this effect by engineer-in-Charge.
iv) In the event of the contract being determined or rescinded under provision of any of the
clause/condition of the agreement, the performance guarantee shall stand forfeited in full
and shall be absolutely at the disposal of the Organization.
49
Clause – 1 A
Recovery of Security Deposit: - The person/persons whose tender(s) may be accepted (hereinafter called the contractor) shall permit Organization at the time of making any payment to him for work done under the contract to deduct a sum at the rate of 10% of the gross amount of each running bill till the sum along with the sum already deposited as earnest money, will amount to security deposit @ 2.5% of the tendered value of the work. Such deductions will be made and held by Organization by way of Security Deposit unless he/ they has/have deposited the amount of Security at the rate mentioned above in cash or in the form of Govt. Securities or fixed deposit receipts. In case a fixed deposit receipt of any Bank is furnished by the contractor to the Organization as part of the security deposit and the Bank is unable to make payment against the said fixed deposit receipt, the loss caused thereby shall fall on the contractor and the contractor shall forthwith on demand furnish additional security to the Organization to make good the deficit.
All compensations or the other sums of money payable by the contractor under the terms of this contract may be deducted from, or paid by the sale of a sufficient part of his security deposit or from the interest arising there from, or from any sums which may be due to or may become due to the contractor by Organization on any account whatsoever and in the event of his Security Deposit being reduced by reason of any such deductions or sale as aforesaid, the contractor shall within 10 days make good in cash or fixed deposit receipt tendered by the State Bank of India or by Scheduled Bank or Organization Securities (if deposited for more than 12 months) endorsed in favor of the Organization, any sum or sums which may have been deducted from, or raised by sale of his security deposit or any part thereof. The security deposit shall be collected from the running bills of the contractor at the rates mentioned above and the Earnest money if deposited in cash at the time of tenders will be treated a part of the Security Deposit.
Note – 1: Government papers tendered as security will be taken at 5% (five percent) below its market
price or at its face value, whichever is less. The market price of Government paper would be
ascertained by the Engineer –in-charge at the time of collection of interest and the amount of interest
to the extent of deficiency in value of the Government paper will be withheld if necessary.
Note – 2: Government Securities will include all forms of Securities mentioned in rule No. 274 of the G.F Rules except fidelity bond. This will be subject to the observance of the condition mentioned under the rule against each form of security. Note - 3: Note 1 & 2 above shall be applicable for both clause 1 & 1 A
Clause -2
Compensation for Delay :- If the contractor fails to maintain the required progress in terms of clause 5 or to complete the work and clear the site on or before the contract or extended date of completion, he shall without prejudice to any other right or remedy available under the law to the Organization on
account of such breach, pay as agreed compensation the amount calculated at the rate of 1.5% (One decimal five percent) per month as the AC & RD, Delhi of ESIC (whose decision in writing shall be final and binding ) may decide on the amount of tendered value of the work for every completed month (as applicable) that the progress remains below that specified in Clause 5 or that the work remains in-complete. This will also apply to items or group of items for which a separate period of completion has been specified.
Provided always that the total amount of compensation for delay to be paid under this Condition shall not exceed 10% of the Tendered Value of work
21
50
The amount of compensation may be adjusted or set-off against any sum payable to the Contractor under this or any other contract with the Organization. In case, the contractor does not achieve a particular milestone mentioned in Schedule ‘F’, or the re-scheduled milestone (s) in terms of clause 5.4, the amount shown against that milestone shall be withheld to be adjusted against the compensation levied at the final grant of Extension of Time. Withholding of this amount on failure to achieve a milestone shall be automatic, without any notice to the contractor. However, if the contractor catches up with the progress of the work, on the subsequent milestone (s), with the held amount shall be released. In case the contractor fails to make up for the delay in subsequent milestone (s), amount mentioned against each milestone missed subsequently also shall be withheld. However, no interest, whatsoever, shall be payable on such withheld amount.
Clause – 3
When Contract can be determined: - Subject to other provisions contained in this clause the AC &
RD may, without prejudice to his any other rights or remedy against the contractor in respect of any delay, inferior workmanship, any claims for damages and/ or any other provisions of this contract or otherwise, and whether the date of completion has or has not elapsed, by notice in writing absolutely determine the contract in any of the following cases:
i). If the contractor having been given by the AC & RD a notice in writing to rectify, reconstruct or replace any defective work or that the work is being performed in an inefficient or otherwise improper or un-workman like manner shall omit to comply with the requirement of such notice for a Period of seven days thereafter. ii). If the contractor being a company shall pass a resolution or the court shall make an order that the company shall be wound up or if a receiver or a manager on behalf of a creditor shall be appointed or if circumstances shall arise which entitle the court or the creditor to appoint a receiver or a manager or which entitle the court to make a winding up order. iii). If the contractor has, without reasonable cause, suspended the progress of the work or has failed to proceed with the work with due diligence so that in the opinion of the AC & RD (which shall be final and binding) he will be unable to secure completion of the work by the date for completion and continues to do so after a notice in writing of seven days from the AC & RD. iv). If the Contractor fails to complete the work within the stipulated date or items of work with individual date of completion, if any, stipulated, on or before such date(s) of completion and does not complete them within the period specified in a notice given in writing in that behalf by the AC & RD. v). If the contractor persistently neglects to carry out his obligations under the contract and / or commits default in complying with any of the terms and conditions of the contract and does not remedy it or take effective steps to remedy it within 7 days after a notice in writing is given to him in that behalf by the AC & RD. vi). If the contractor commits any acts mentioned in Clause 21 hereof:
When the contractor has made himself liable for action under any of the cases aforesaid, the AC & RD,Delhi,ESIC shall have powers: a). To determine or rescind the contract as aforesaid (of which termination or
rescission notice in writing to the contractor under the hand of the AC & RD shall be conclusive evidence). Upon such determination or rescission, the Earnest Money Deposit, security deposit already recovered and the performance guarantee under the contract shall be liable to be forfeited and shall be absolutely at the disposal of the Organization.
b). After giving notice to the contractor to measure up the work of the contractor and to take such whole or the balance work as shall be un-executed out of his hands to give it to another contractor to complete the work. The contractor whose contract is determined or rescinded as above shall not be allowed to participate in the tendering process for the balance work.
51
In the event of above courses being adopted by the AC & RD the contractor shall have no claim to compensation for any loss sustained by him by reasons of his having purchased or procured any materials or entered into any engagements or made any advances on account or with a view to the execution of the work or the performance of the contract. And in case action is taken under any of the provision aforesaid the contractor shall not be entitled to recover or be paid any sum for any work thereof or actually performed under this contract unless and until the Engineer –in-Charge has certified in writing the performance of such work and the value payable in respect thereof and he shall only be entitled to be paid the value so certified.
Clause – 3A
In case, the work cannot be started due to reasons not within the control of the contractor within 1/8th of the stipulated time of completion of the work, either party may close the contract. In such eventuality, the Earnest Money Deposit and the Performance Guarantee of the Contractor shall be refunded, but no payment on account of interest, loss of profit or damages etc. shall be payable at all.
Clause – 4
Contractor liable to pay compensation even if action not taken under clause 3 :- In any case in which any of the powers conferred upon the AC & RD by Clause – 3 thereof, shall have become exercisable and the same are not exercised, the non-exercise thereof shall not constitute a waiver of any of the conditions hereof and such powers shall notwithstanding be exercisable in the event of any future case of default by the contractor and the liability of the contractor for compensation shall remain unaffected. In the event of the AC & RD putting in force all or any of the powers vested in him under the preceding clause he may, if he so desires after giving a notice in writing to the contractor, take possession of (or at the sole discretion of the AC & RD which shall be final and binding on the contractor) use as on hire (the amount of the hire money being also in the final determination of the AC & RD) all or any tools plant, materials and stores, in or upon the works, or the site thereof belonging to the contractor, or procured by the contractor and intended to be used for the execution of the work/or any part thereof, paying or allowing for the same in account at the contract rates or, in the case of these not being applicable, at current market rates to be certified by the Engineer-in-Charge whose certificate thereof shall be final, and binding on the contractor otherwise the AC & RD by notice in writing may order the contractor or his clerk of the works, foreman or other authorized agent to remove such tools, plant, materials or stores from the premises (within a time to be specified in such notice) in the event of the contractor failing to comply with any such requisition, the AC & RD may remove them at the contractor’s expense or sell them by auction or private sale on account of the contractor and his risk in all respects and the certificate of the Engineer-in-Charge as to the expenses of any such removal and the amount of the proceeds and expense of any such sale shall be final and conclusive against the contractor.
Clause – 5
Time and Extension for delay: - The time allowed for execution of the Works as specified in Schedule `F’ or the extended time in accordance with these conditions shall be the essence of the Contract. The execution of the works shall commence from the time period as mentioned in letter of award after the date on which the AC & RD issues written orders to
52
Commence the work or from the date of handing over of the site whichever is later. If the contractor commits default in commencing the execution of the work as aforesaid Organization shall without prejudice to any other right or remedy available in law, be at liberty to forfeit the earnest money absolutely.
5.1 As soon as possible after the contract is concluded the contractor shall submit a Time and Progress Chart for each milestone and get it approved by the Engineer-in –charge. The chart shall be prepared in direct relation to the time stated in the Contract documents for completion of items of works. It shall indicate the forecast of the dates of commencement and completion of various trades of sections of the work and may be amended as necessary by agreement between the AC & RD and the contractor within the limitations of time imposed in the contract documents, and further to ensure good progress during the execution of the work, the contractor shall in all cases in which the time allowed for any work exceeds one month (save for special jobs for which a separate programme has been agreed upon) complete the work as per milestone given in schedule ‘F’.
5.2 If the work(s) be delayed by :- i). Force majeure or ii). Abnormally bad weather, or iii). Serious loss or damage by fire or iv). Civil commotion, local commotion of workmen, strike or lockout, affecting any of the trades employed on the work, or. v). delay on the part of other contractors or tradesmen engaged by AC & RD in executing work not forming part of the contract or. vi). Any other cause which, in the absolute discretion of the authority mentioned in schedule `F’ is beyond the contractor’s control.
Then upon the happening of any such event causing delay, the contractor shall immediately give notice thereof in writing to the AC & RD but shall nevertheless use constantly his best endeavors to prevent or make good the delay and shall do all that may be reasonably required to the satisfaction of the AC & RD to proceed with the works.
5.3 Request for rescheduling of milestones and extension of time, to be eligible for consideration, shall be made by the Contractor in writing within fourteen days of the happening of the event causing delay on the prescribed form. The contractor may also, if practicable, indicate in such a request the period for which extension is desired.
5.4 In any such case the AC & Delhi of the ESIC may give a fair and reasonable extension of time and reschedule the milestones for completion of work. Such extension shall be
communicated to the contractor by the AC & Delhi of the ESIC in writing, within 3 months of
the date of receipt of such request. Non-application by the contractor for extension of time shall not be a bar for giving a fair and reasonable extension by the AC & RD and this shall be binding on the contractor.
Clause – 6
Measurements of Work Done :- Engineer- in- Charge shall, except as otherwise provided, ascertain
and determine by measurement the value of work done in accordance with the contract.
53
All measurements of all items having financial value shall be entered in Measurement Book and/ or
level field book so that a complete record is obtained of all works performed under the contract.
All measurements and levels shall be taken jointly by the Engineer- in- Charge or his authorized representative and by the contractor or his authorized representative from time to time during the progress of the work and such measurements shall be signed and dated by the Engineer- in-Charge or his authorized representative and the contractor or his authorized representative in token of their acceptance. If the contractor objects to any of the measurements recorded, a note shall be made to that effect with reason and signed by the concerned parties.
If for any reason the contractor or his authorized representative is not available and the work of recording measurements is suspended by the Engineer- in- Charge or his representative, the Engineer- in- Charge and the department shall not entertain any claim from contractor for any loss or damages on this account. If the contractor or his authorized representative does not remain present
at the time of such measurements after the contractor or his authorized representative has been given a notice in writing three (3) days in advance or fails to countersign or to record objection within a week from the date of the measurements, then such measurements recorded in his absence by the Engineer- in- Charge or his representative shall be deemed to be accepted by the Contractor.
The contractor shall, without extra charge, provide all assistance with every appliance, labour and other things necessary for measurements and recording levels. Except where any general or detailed description of the work expressly shows to the contrary, measurements shall be taken in accordance with the procedure set forth in the specifications notwithstanding any provision in the relevant `Standard method of measurement or any general or local custom. In the case of items which are not covered by specifications, measurements shall be taken in accordance with the relevant standard method of measurement issued by the Bureau of Indian Standards and if for any item no such standard is available then a mutually agreed method shall be followed.
The contractor shall give not less than seven days’ notice to the Engineer- in- Charge or his authorized representative in charge of the work before covering up or otherwise placing beyond the reach of measurement any work in order that the same may be measured and correct dimensions thereof be taken before the same is covered up or placed beyond the reach of measurement and shall not cover up and place beyond reach of measurement any work without consent in writing of the Engineer- in- Charge or his authorized representative in charge of the work who shall within the aforesaid period of seven days inspect the work, and if any work shall be covered up or placed beyond the reach of measurements without such notice having been given or the Engineer- in- Charge’s consent being obtained in writing the same shall be uncovered at the contractor’s expense, or in default thereof no payment or allowance shall be made for such work or the materials with which the same was executed.
Engineer- in- Charge or his authorized representative may cause either themselves or through
another officer of the department to check the measurements recorded jointly or otherwise as
aforesaid and all provisions stipulated herein above shall be applicable to such checking of measurements or levels.
It is also a term of this contract that recording of measurements of any item of work in the measurement book and/ or its payment in the interim, on account of final bill shall not be considered as conclusive evidence as to the sufficiency of any work or material to which it relates nor shall it
relieve the contractor from liabilities from any over measurement or defects noticed till completion of the defects liability period.
54
Clause – 7
Payment on intermediate certificate to be regarded as advances:-The interim or running account bills shall be submitted by the contractor for the work executed on the basis of recorded measurements on the format of the Organization in triplicate on or before the date of every month fixed for the same by the Engineer-in-charge. The contractor shall not be entitled to be paid any such interim payment if the gross work done together with net payment / adjustment of advances for material collected, if any, since the last such payment is less than Rs. Five lakhs in which case the interim bill shall be prepared on the appointed date of the month after the requisite progress is achieved. Engineer-in-charge shall arrange to have the bill verified by taking or causing to be taken, where necessary, the requisite measurements of the work. In the event of the failure of the contractor to submit the bills, Engineer-in-charge shall prepare or cause to be prepared such bills in which event no claims whatsoever due to delays on payment including that of interest shall be payable to the contractor. Payment on account of amount admissible shall be made by the Engineer-in-charge certifying the sum to which the contractor is considered entitled by way of interim payment at such rates as decided by the Engineer-in-Charge. All such interim payments shall be regarded as payment by way of advances against final payment only and shall not preclude the requiring of bad, unsound and imperfect or unskilled work to be rejected, removed, taken away and reconstructed or re-erected. Any certificate given by the Engineer-in-charge relating to the work done or materials delivered forming part of such payment, may be modified or corrected by any subsequent such certificate (s) or by the final certificate and shall not by itself be conclusive evidence that any work or materials to which it relates is/ are in accordance with the contract and specifications. Any such interim payment, or any part thereof shall not in any respect conclude, determine or affect in any way powers of the Engineer-in-charge under the contract or any of such payments be treated as final settlement and adjustment of accounts or in any way vary or affect the contract.
Pending consideration of extension of date of completion interim payments shall continue to be made as herein provided, without prejudice to the right of the department to take action under the terms of this contract for delay in the completion of work, if the extension of date of completion is not granted by the competent authority.
Clause – 8
Completion certificate and completion plans :- Within ten days of the completion of the work, the contractor shall give notice of such completion to the Engineer-in-charge and within thirty days of the receipt of such notice the Engineer-in-charge shall inspect the work and if there is no defect in the work shall furnish the contractor with a final certificate of completion, otherwise a provisional certificate of physical completion indicating defects (a) to be rectified by the contractor and/or(b) for which payment will be made at reduced rates shall be issued. But no final certificate of completion shall be issued, nor shall the work be considered to be complete until the contractor shall have removed from the premises on which the work shall be executed all scaffolding, surplus materials, rubbish and all huts and sanitary arrangements required for his/ their work people on the site in connection with the execution of the works as shall have been erected or constructed by the contractor(s) and cleaned off the dirt from all wood work, doors, windows, walls, floor or other parts of the building, in, upon, or about which the work is to be executed or of which he may have had possession for the purpose of the execution thereof, and not until the work shall have been measured by the Engineer-in-charge. If the contractor shall fail to comply with the requirements of this clause as to removal of scaffolding, surplus materials and rubbish and all huts and sanitary arrangements as aforesaid and cleaning of dirt on or before the date fixed for the completion of work, the Engineer-in-Charge may at the expense of the contractor
55
remove such scaffolding surplus materials and rubbish etc. and dispose of the same as he thinks fit
and clean off such dirt as aforesaid, and the contractor shall have no claim in respect of scaffolding or surplus materials as aforesaid except for any sum actually realized by the sale thereof.
Clause 8A
Contractor to keep site clean :- The splashes and droppings from white washing, color washing, painting etc on walls, floor windows etc shall be removed and the surface cleaned simultaneously with the completion of these items of work in the individual rooms, quarters or premises etc where the work is done without waiting for the actual completion of all the other items of work in the contract. In case the contractor fails to comply with the requirements of this clause, the Engineer-in-charge shall have the right to get this work done at the cost of the contractor either departmentally or through any other agency. Before taking such action, the Engineer-in-charge shall give ten days notice in
writing to the contractor.
Clause 8 B
Completion plans to be submitted by the Contractor: - The contractor shall submit five sets of completion plans within thirty days of the completion of the work along with soft copy. In case, the contractor fails to submit the completion plan as aforesaid, he shall be liable to pay a
sum equivalent to 2.5% of the value of the work subject to ceiling of Rs. 1,00,000/- (Rupees One Lakhs Only) as may be fixed by AC & RD, Delhi of the ESIC concerned and in this respect the decision of the AC & RD, Delhi, ESIC shall be final and binding on the contractor. Clause 9
Payment of final bill: - The final bill shall be submitted by the contractor in the same manner as specified in interim bills within three months of physical completion of the work or within one month of the date of the final certificate of completion furnished by the Engineer-in-charge whichever is earlier. The contractor shall make no further claims after submission of the final bill and these shall be deemed to have been waived and extinguished. Payments of those items of the bill in respect of which there is no dispute and of items in dispute, for quantities and rates as approved by engineer-in-charge, will as far as possible be made within six months from the date of receipt of the bill by the Engineer-in-charge or his authorized representative.
Clause 10A
Materials to be provided by the contractor: - The contractor shall at his own cost provide all materials required for the works. The contractor shall, at his own expense and without delay, supply to Engineer-in-charge samples of materials to be used on the work and shall get these approved in
advance. All such materials to be provided by the contractor shall be in conformity with the specifications laid down or referred to in the contract. The contractor shall, if requested by the Engineer-in-charge furnish proof, to the satisfaction of the Engineer-in-charge that the materials so comply. The Engineer-in-charge shall within five days of supply of samples or within five days of the receipt of test result intimate to the contractor in writing whether samples are approved by him or not. If samples are not approved the contractor shall forthwith arrange to supply to the Engineer-in-Charge for his approval fresh samples complying with the specifications laid down in the contract. When materials are required to be tested in accordance with specification, approval of the Engineer-in-charge shall be issued after the test results are received.
56
The contractor shall at his risk and cost submit the samples of materials to be tested or analyzed and shall not make use of or incorporate in the work any materials represented by the samples until the required tests or analysis have been made and materials finally accepted by the Engineer-in-charge. The contractor shall not be eligible for any claim or compensation either arising out of any delay in the work or due to any corrective measures required to be taken on account of and as a result of testing of materials.
The contractor shall at his risk and cost make all arrangements and shall provide all facilities as the Engineer-in-charge may require for collecting, and preparing the required number of samples for such tests at such time and to such place or places as may be directed by the Engineer-in-charge and bear all charges and cost of testing unless specifically provided for otherwise elsewhere in the contract or specifications. The Engineer-in-Charge or his authorized representative and Architect shall at all times have access to the work and to all such workshops and places where work is being prepared or from where materials manufactured articles, or machinery are being obtained for the works and
the contractor shall afford every facility and every assistance in obtaining the right to such access.
The Engineer-in-charge shall have full powers to require the removal from the premises of all materials which in his opinion are not in accordance with the specifications and in case of default the Engineer-in-charge shall be at liberty to employ at the expense of the contractor, other persons to remove the same without being answerable or accountable for any loss or damage that may happen or arise to such materials. The Engineer-in-charge shall also have full powers to require other proper materials to be substitute thereof and in case of default the Engineer-in-Charge may cause the same to be supplied and all costs which may attend such removal and substitution shall be borne by the contractor.
Clause 10 B
i). Secured Advance on Non-perishable Materials :-
The contractor, on signing an indenture in the form to be specified by the Engineer-in-charge shall be entitled to be paid during the progress of the execution of the work upto 75% of the assessed value of any materials which are in the opinion of the Engineer-in-charge nonperishable, non-fragile and noncombustible and are in accordance with the contract and which have been brought on the site in connection therewith and are adequately stored and/ or protected against damage by weather or other causes but which have not at the time of advance been incorporated in the works. When materials on account of which an advance has been made under this sub-clause are incorporated in the work the amount of such advance shall be recovered/ deducted from the next payment made under any of the clause or clauses of this contract.
Such secured advance shall also be payable on other items of perishable nature, fragile and combustible with the approval of the Engineer-in-charge provided the contractor provides a
comprehensive insurance cover for the full cost of such materials. The decision of the Engineer-in-charge shall be final and binding on the contractor in this matter. No secured advance, shall however, be paid on high-risk materials such as ordinary glass, sand, petrol, diesel etc.
Clause – 10C
If after submission of the tender, the wages of labour increases as a direct result of the coming into
force of any fresh law, or statutory rule or order and such increase in wages prevailing at the time of the last stipulated date for receipt of the tenders including extensions if any for the work,
57
and the contractor thereupon necessarily and properly pays such increased wages then the amount of the contract shall accordingly be varied and provided further that any such increase shall not be payable if such increase has become operative after the stipulated date of completion of the work in question.
If after submission of the tender, wages of labour is decreased as a direct result of the coming into force of any fresh law statutory rules or order and such decrease in the wages prevailing at the time of receipt of the tender for the work, Organization shall in respect of labour engaged on the execution of the work after the date of coming into force of such law statutory rule or order be entitled to deduct from the dues of the contractor, such amount as shall be equivalent to the difference between the wages as prevailed at the time of the last stipulated date for receipt of tenders including extensions if any for the work and the wages of labour on the coming into force of such law, statutory rule or order.
The contractor shall, for the purpose of this condition, keep such books of account and other
documents as are necessary to show the amount of any increase claimed or reduction available and shall allow inspection of the same by a duly authorized representative of the Government, and further
shall, at the request to the Engineer-in-charge may require any documents so kept and such other information as the Engineer-in-charge may require.
The contractor shall, within a reasonable time of his becoming aware of any alteration in the wages
of labour, give notice thereof to the Engineer-in-charge stating that the same is given pursuant to this
condition together with all information relating thereto which he may be in position to supply.
Clause - 10D
Dismantled material Organization Property :- The contractor shall treat all materials obtained during dismantling of a structure, excavation of the site for a work, etc as ESIC’s property and such materials shall be disposed off to the best advantage of ESIC according to the instructions in writing issued by
the Engineer-in-Charge.(except lift material for which salvage value has been given in Price bid)
Clause – 11 Work to be executed in accordance with specifications, drawings, orders etc.:- The contractor shall execute the whole and every part of the work in the most substantial and workmanlike manner both as regards materials and otherwise in every respect in strict accordance with CPWD Specifications for Electrical works Part-I, 2005, Part-II for External Electrical works and Part –III Lifts & Escalators 2003 with upto date correction slips. The contractor shall also conform exactly, fully and faithfully to the design, drawings and instructions in writing in respect of the work signed by the Engineer-in-charge and the contractor shall be furnished free of charge one copy of the contract documents together with specifications, designs, drawings and instructions as are not included in the standard specifications of Central Public Works Department specified in schedule ̀ F’ or in any Bureau of Indian
Standard or any other, published standard or code or, Schedule of Rates or any other printed publication referred to elsewhere in the contract.
The contractor shall comply with the provisions of the contract and with the care and diligence execute and maintain the works and provide all labour and materials, tools and plants including for measurements and supervision of all works structural plans and other things of temporary or permanent nature required for such execution and maintenance in so far as the necessity for providing these, is specified or is reasonably inferred from the contract. The contractor shall take full responsibility for adequacy, suitability and safety of all the works and methods of construction.
58
Clause 12 :
Deviations/Variations Extent and Pricing :- The AC & RD shall have power (i) to make alteration in, omissions from, additions to, or substitutions for the original specifications, drawings, designs and instructions that may appear to him to be necessary or advisable during the progress of the work, and (ii) to omit a part of the works in case of non-availability of a portion of the site or for any other reasons and the contractor shall be bound to carry out the works in accordance with any instructions given to him in writing signed by the AC & RD and such alterations, omissions, additions or substitutions shall form part of the contract as if originally provided therein and any altered, additional or substituted work which the contractor may be directed to do in the manner specified above as part of the works, shall be carried out by the contractor on the same conditions in all respects including price on which he agreed to do the main work except as hereafter provided.
12.1The time for completion of the works shall, in the event of any deviations resulting in additional
cost over the tendered value sum being ordered, be extended, if requested by the contractor, as
follows:-
i).
In the proportion which the additional cost of the altered, additional or substituted work,
bears to the original tendered value plus.
ii).
25% of the time calculated in (i) above or such further additional time as may be considered
reasonable by the Engineer-in-charge.
12.2In the case of extra item(s) the contractor may within fifteen days of receipt of order of occurrence of the item(s) claim rates, supported by proper analysis, for the work and the engineer-in-charge shall within one month of the receipt of the claims supported by analysis after giving consideration to the analysis of the rates submitted by the contractor, determine the rates on the basis of the market rates and the contractor shall be paid in accordance with the rates so determined.
In the case of substituted items, the rate for the agreement item (to be substituted) and substituted item shall also be determined in the manner as mentioned in the aforesaid para. a) If the market rate for the substituted item so determined is more than the market rate of the
agreement item (to be substituted) the rate payable to the contractor for the substituted item shall be the rate for the agreement item (to be substituted) so increased to the extent of the difference between the market rates of substituted item and the agreement item (to be substituted).
b) If the market rate for the substituted item so determined is less than the market rate of the agreement item (to be substituted) the rate payable to the contractor for the substituted item
shall be the rate for the agreement item ( to be substituted) so, decreased to the extent of the difference between the market rates of substituted item and the agreement item(to be substituted).
12.3The contractor shall send to the Engineer-in-Charge once every three months an upto date account giving complete details of all claims for additional payments to which the contractor may
consider himself entitled and of all additional work ordered by the Engineer-in-Charge which he has executed during the preceding quarter failing which the contractor shall
59
be deemed to have waived his right. However, the AC & RD may authorize consideration of such claims on merits.
12.4Any operation incidental to or necessarily has to be in contemplation of tenderer while filling tender, or necessary for proper execution of the item included in the Schedule of quantities or in the schedule of rates mentioned above, whether or not, specifically indicated in the description of the item and the relevant specifications, shall be deemed to be included in the rates quoted by the tenderer or the rate given in the said schedule of rates, as the case may be. Nothing extra shall be admissible for such operations.
Clause 13
Foreclosure of Contract due to Abandonment or Reduction in Scope of Work: - If at any time after acceptance of the tender, ESIC shall decide to abandon or reduce the scope of the works for any reason whatsoever and hence not require the whole or any part of the works to be carried out, the AC & RD shall give notice in writing to that effect to the contractor and the contractor shall act accordingly in the matter. The contractor shall have no claim to any payment of compensation or otherwise whatsoever, on account of any profit or advantage which he might have derived from the execution of the works in full but which he did not derive in consequence of the foreclosure of the whole or part of the works.
The contractor shall be paid at contract rates full amount for works executed at site and in addition, a
reasonable amount as certified by the Engineer-in-charge for the items hereunder mentioned which
could not be utilized on the work to the full extent in view of the foreclosure:-
i). Any expenditure incurred on preliminary site work, e.g. temporary access roads, temporary labour
huts, staff quarters and site office; storage accommodation and water storage tanks.
ii). ESIC shall have the option to take over contractor’s materials or any part thereof either brought to site or of which the contractor is legally bound to accept delivery from suppliers (for incorporation in or incidental to the work) provided, however, ESIC shall be
iii). shall offer or give or agree to give to any person in ESIC service or to any other person on his
behalf any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of this or any other contract for ESIC; or
iv).Shall enter into a contract with ESIC in connection with which commission has been paid
or agreed to paid by him or to his knowledge, unless the particulars of any such commission and the terms of payment thereof have been previously disclosed in writing to the Accepting Authority/ AC & RD ; or
v).Shall obtain a contract with ESIC as a result of wrong tendering or other non-bonafide
methods of competitive tendering; or
vi).being an individual , or if a firm, any partner thereof shall at any time be adjudged insolvent or have a receiving order or order for administration of his estate made against him or shall take any proceedings for liquidation or composition (other than a voluntary liquidation for the purpose of amalgamation or reconstruction) under any Insolvency Act for the time being in force or make any conveyance or assignment of his effects or composition or arrangement for the benefit of his creditors or purport so to do, or if any application be made under any Insolvency Act for the time being in force for the sequestration of his estate or if a trust deed be executed by him for benefit of his creditors: or
60
vii).Being a company, shall pass a resolution or the Court shall make an order for the winding up of the company, or a receiver or manager on behalf of the debenture holders or otherwise shall be appointed or circumstances shall arise which entitle the Court or debenture holders to appoint a receiver or manager ; or
viii).shall suffer an execution being levied on his goods and allow it to be continued for a period
of 21 days; or
ix).assigns, transfers, sublets (engagement of labour on a piece-work basis or of labour with materials not to be incorporated in the work, shall not be deemed to be subletting) or otherwise parts with or attempts to assign, transfer sublet or otherwise parts with the entire works or any portion thereof without the prior written approval of the Accepting Authority:
The Accepting Authority may, without prejudice to any other right or remedy which shall have accrued
or shall accrue hereafter to ESIC, by a notice in writing to cancel the contract as a whole or only such
items of work in default from the Contract.
Clause - 14
The AC & RD shall on such cancellation by the Accepting Authority have powers to :
a). take possession of the site and any materials, constructional plant, implements, stores etc.,
thereon; and/or
b). carry out the incomplete work by any means at the risk and cost of the contractor.
On cancellation of the contract in full or in part, the AC & RD shall determine what amount, if any, is recoverable from the contractor for completion of the works or part of the works or in case the works or part of the works is not to be completed, the loss or damage suffered by ESIC. In determining the amount, credit shall be given to the contractor for the value of the work executed by him upto to time of cancellation, the value of contractor’s materials taken over and incorporated in the work and use of plant and machinery belonging to the contractor.
Any excess expenditure incurred or to be incurred by ESIC in completing the works or part of the works or the excess loss or damages suffered or may be suffered by ESIC as aforesaid after allowing such credit shall without prejudice to any other right or remedy available to ESIC in law be recovered from any moneys due to the contractor on any account, and if such moneys are not sufficient the contractor shall be called upon in writing and shall be liable to pay the same within 30 days.
If the contractor shall fail to pay the required sum within the aforesaid period of 30 days the AC & RD shall have the right to sell any or all of the contractor’s unused materials, constructional plant,
implements, temporary buildings, etc and apply the proceeds of sale thereof towards the satisfaction of any sums due from the contractor under the contract and if thereafter there be any balance outstanding from the contractor, it shall be recovered in accordance with the provisions of the contract.
Any sums in excess of the amounts due to the ESIC and unsold materials, constructional plant, etc. shall be returned to the contractor, provided always that if cost or anticipated cost of completion by
ESIC of the works or part of the works is less than the amount which the contractor would have been paid had he completed the works or part of the works, such benefit shall not accrue to the contractor.
61
Clause - 15
Suspension of work
i).The contractor shall, on receipt of the order in writing of the AC & RD, (whose decision shall be final and binding on the contractor) suspend the progress of the works or any part thereof for such time and in such manner as the AC & RD may consider necessary so as not to cause any damage or injury to the work already done or endanger the safety thereof for any of the following reasons :
a).On account of any default on the part of the contractor or b).for proper execution of the works or part thereof for reasons other than the default of the contractor or c).for safety of the works or part thereof
The contractor shall, during such suspension, properly protect and secure the works to the extent
necessary and carry out the instructions given in that behalf by the AC & RD.
ii).If the suspension is ordered for reasons (b) and (c) in sub-para (I) above :
a).The contractor shall be entitled to an extension of time equal to the period of every such suspension
PLUS 25% for completion of the item or group of items of work for which a separate period of completion is specified in the contract and of which the suspended work forms a part and :
b) If the total period of all such suspensions in respect of an item or group of items or work for which a separate period of completion is specified in the contract exceeds thirty days, the contractor shall, in addition, be entitled to such compensation as the AC & RD may consider reasonable in respect of salaries and/ or wages paid by the contractor to his employees and labour at site, remaining idle during the period of suspension, adding thereto 2% to cover indirect expenses of the contractor. Provided the contractor submits his claim supported by details to the AC & RD within fifteen days of the expiry of the period of 30 days.
iii).If the works or part thereof is suspended on the orders of the AC & RD for more than three months at a time, except when suspension is ordered for reason (a) in sub-para (I) above, the contractor may after receipt of such order serve a written notice on the AC & RD requiring permission within fifteen days from receipt by the AC & RD of the said notice, to proceed with the work or part thereof in regard to which progress has been suspended and if such permission is not granted within that time, the contractor, if he intends to treat the suspension, where it affects only a part of the works as an omission of such part by the ESIC or where it affects whole of the works, as an abandonment of the works by the ESIC, shall within ten days of expiry of such period of 15 days give notice in writing of
his intention to the AC & RD. In the event of the contractor treating the suspension as an abandonment of the contract by the ESIC, he shall have no claim to payment of any compensation on account of any profit or advantage which he might have derived from the execution of the work in full but which he could not derive in consequence of the abandonment. He shall, however, be entitled to such compensation, as the AC & RD may consider reasonable, in respect of salaries and/ or wages paid by him to his employees and labour at site, remaining idle in consequence adding to the total thereof 2% to cover indirect expenses of the contractor provided the contractor submits his claim supported by details to the AC & RD within 30 days of the expiry of the period of 3 months.
62
Clause 16
Action in case work not done as per specifications :- All works under or in course of execution or executed in pursuance of the contract shall at all times be open and accessible to the inspection and supervision of the AC & RD, his authorized subordinates in charge of the work / architect and all the superior officers of the ESIC and the Chief Technical examiner’s office, and the contractor shall, at all times, during the usual working hours and at all other times at which reasonable notice of the visit of such officers has been given to the contractor, either himself be present to receive orders and instructions or have a responsible agent duly accredited in writing, present for that purpose. Orders given to the contractor’s agent shall be considered to have the same force as if they had been given to the contractor himself. If it shall appear to the Engineer-in-charge or his authorized subordinates in charge of the work or to the Architect or the Chief Technical Examiner or his subordinate officers, that any work has been executed with unsound, imperfect or unskillful workmanship, or with materials or articles provided by him for the execution of the work which are unsound or of a quality inferior to that
contracted or otherwise not in accordance with the contract the contractor shall, on demand in writing which shall be made within six months of the completion of the work from the Engineer-in-charge specifying the work, materials or articles complained of notwithstanding that the same may have been passed, certified and paid for forthwith rectify, or remove and reconstruct the work so specified in whole or in part, as the case may require or as the case may be, remove the materials or articles so specified and provide other proper and suitable materials or articles at his own charge and cost. In the event of the failing to do so within a period specified by the Engineer-in-charge in his demand aforesaid, then the contractor shall be liable to pay compensation at the same rate as under clause 2 of the contract (for non-completion of the work in time) for this default.
In such case the Engineer-in-charge may not accept the item of work at the rates applicable under the contract but may accept such items at reduced rates as the AC & RD may consider reasonable during the preparation of on account bills or final bill if the item is so acceptable without detriment to the safety and utility of the item and the structure or he may reject the work outright without any payment and/ or get it and other connected and incidental items rectified, or removed and re-executed at the risk and cost of the contractor. Decision of the AC & RD to be conveyed in writing in respect of the same will be final and binding on the contractor.
Clause – 17
Contractor Liable for damages, defects during maintenance period :- If the contractor or his working people or servants shall break, deface, injure or destroy any part of building in which they may be working, or any building, road, road curb, fence, enclosure, water pipe, cables, drains, electric or telephone post or wires, trees, grass or grassland, or cultivated ground contiguous to the premises on which the work or any part is being executed, or if any damage shall happen to the work while in progress, from any cause whatever of if any defect, shrinkage or other faults appear in the work within twelve months (6 months in the case of any work other than road work costing Rs. 1,00,000/- and
below) after a certificate final or otherwise its completion shall have been given by the AC & RD as aforesaid arising out of defect or improper materials or workmanship the contractor shall upon receipt of a notice in writing on that behalf make the same good by other workmen and deduct the expense from any sums that may be due or at any time thereafter may become due to the contractor, or from his security deposit or the proceeds of sale thereof or of a sufficient portion thereof. The security deposit of the contractor shall not be refunded before the expiry of twelve months after the issue of the certificate final or otherwise, of completion of work, or till the final bill has been prepared and passed whichever is later.
Clause 18
63
Contractor to Supply Tools & Plants etc. :- The contractor shall provide at his own cost all materials, plant, tools, appliances, implements, ladders, cordage, tackle, scaffolding and temporary works required for the proper execution of the work, whether original, altered or substituted and whether included in the specification or other documents forming part of the contract or referred to in these conditions or not, or which may be necessary for the purpose of satisfying or complying with the requirements of the Engineer-in-charge as to any matter as to which under these conditions he is entitled to be satisfied, or which he is entitled to require together with carriage there of to and from the work. The contractor shall also supply without charge the requisite number of persons with the means and materials, necessary for the purpose of setting out works, and counting, weighing and assisting the measurement for examination at any time and from time to time of the work or materials. Failing his so doing the same may be provided by the Engineer-in-charge at the expense of the contractor and the expenses may be deducted, from any money due to the contractor, under this contract or otherwise and/or from his security deposit or the proceeds of sale thereof, or of a sufficient portions thereof.
Clause 18A
Recovery of compensation paid to workman :- In every case in which by virtue of the provisions sub-section (1) of section 12, of the Workmen’s Compensation Act, 1923, ESIC is obliged to pay compensation to a workman employed by the contractor, in execution of the works, ESIC will recover from the contractor for the amount of the compensation so paid ; and, without prejudice to the rights of the ESIC under sub-section (2) of Section 12, of the said Act, ESIC shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due by ESIC to the contractor whether under this contract or otherwise. ESIC shall not be bound to contest any claim made against it under sub-section (1) Section 12, of the said Act, except on the written request of the contractor and upon his giving to ESIC full security for all costs for which ESIC might become liable in consequence of contesting such claim.
Clause 18 B
Ensuring Payment and Amenities to Workers if Contractor fails :- In every case in which by virtue of the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 and of the Contract Labour (Regulation and Abolition) Central Rules, 1971, ESIC is obliged to pay any amounts of wages to a workman employed by the contractor in execution of the works, or to incur any expenditure in providing welfare and health amenities required to be provided under the above said Act the Rules framed by ESIC from time to time for the protection of health and sanitary arrangements for workers employed by ESIC Contractors, ESIC will recover from the contractor the amount of wages so paid or the amount of expenditure so incurred, and without prejudice to the rights of the ESIC under sub-section (2) of Section 20 and sub-section (4) of Section 21, of the Contract Labour (Regulation and Abolition) Act, 1970, ESIC shall be at liberty to recover such amount or any part thereof by deducting
it from the security deposit or from any sum due by ESIC to the contractor whether under this contract or otherwise ESIC shall not be bound to contest any claim made against it under sub-section (1) of Section 20, sub-section (4) of Section 21, of the said Act, except on the written request of the contractor and upon his giving to the ESIC full security for all costs for which ESIC might become liable in contesting such claim.
Clause 19
64
Labour Laws to be complied by the Contractor :- The contractor shall obtain a valid license under the Contract Labour ( R & A) Act 1970, and the Contract Labour (Regulation and Abolition) Central Rules 1971, before the commencement of the work, and continue to have a valid license until the completion of the work. The contractor shall also abide by the Provisions of Child Labour (prohibition and Regulation) Act, 1986.
The contractor shall also comply with the provisions of the building and other construction workers (Regulation of Employment & Conditions of Service) Act, 1996 and the building and other Construction Welfare Cess Act, 1996. The Contractor shall also abide the provisions of Contract Labour (Regulations and Abolition) Act 1970 and the Contract Labour Regulation & Abolition Central Rules 1971.
Any failure to fulfil this requirement shall attract the penal provisions of this contract arising out of the resultant non-execution of the work. The Contractor shall also abide by the provisions of child labour
(Prohibition and Regulations) Act, 1986.
CLAUSE 20: Minimum Wages Act to be complied with: The Contractor shall comply with all the provision of the Minimum Wages Act, 1948, amended from time to time and rules framed thereunder and other labour laws affecting contract labour that may be brought from time to time.
CLAUSE 21 : Work not to be sublet. Action in case of insolvency
The Contract shall not be assigned or sublet without the written approval of the AC & RD. And if the contractor shall assign or sublet his contract, or attempt to do so or become insolvent or commence any insolvency proceedings or make any composition with his creditors or attempt to do so, or if any bribe, gratuity, gift, loan, perquisite, reward or advantage pecuniary or otherwise shall either directly or indirectly be given, promised or offered by the contractor, or any of his servants or agent to any public officer or persons in the employ of ESIC in any way relating to his office or employment, or if any such officer or person shall become in any way directly or indirectly interested in the contract, the AC & RD,ESIC on behalf of the corporation Member of ESIC shall have power to adopt any of the courses specified in Clause 3 hereof as he may deem best suited to the interest of the ESIC and in the event of any of these courses being adopted the consequences specified in the said Clause 3 shall ensure.
CLAUSE 22:
All sums payable by way of compensation under any of these conditions shall be considered as reasonable compensation to be applied to the use of the ESIC without reference to the actual
loss or damage sustained, and whether or not any damage shall have been sustained.
CLAUSE 23: Changes in firm’s constitution to be intimated
Where the Contractor is a partnership firm, the previous approval in writing, of the AC & RD shall be obtained before any change is made in the constitution of the firm. Where the Contractor is an individual or a Hindu undivided family business concern, such approval as aforesaid, shall likewise, be obtained before the Contractors enters into any partnership agreement where under the partnership firm would have the right to carry out the work hereby
undertaken by the Contractor. If previous approval, aforesaid, is not obtained,
65
the contract shall be deemed to have been assigned in contravention of Clause 21 hereof and the same action may be taken and the same consequences shall ensue as provided in the said Clause 21.
CLAUSE 24: Directions for execution of works.
All works to be executed under the contract shall be executed under the direction and subject to the approval of the AC & RD of the ESIC who shall be entitled to direct at what point or points and in what manner they are to be commenced, and from time to time carried on.
CLAUSE 25: Settlement of Disputes & Arbitration
Except where otherwise provided in the contract all questions and all disputes relating to the meaning of the specification, design, drawings and instructions here - in before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works or the execution or failure to execute the same whether arising during the progress of the work or after the cancellation, termination, completion or abandonment thereof shall be referred for adjudication through arbitration by a sole arbitrator appointed by the AC & RD of ESIC or if there be no AC & RD of the ESIC the administrative head of the said Organization. If the arbitrator so appointed is unable or unwilling to act or resigns his appointment or vacates his office due to any reason whatsoever another sole arbitrator shall be appointed in the manner aforesaid. Such person shall be entitled to proceed with the reference from the stage at which it was left by his predecessor.
It is a term of this contract that the party invoking Arbitration shall give a list of disputes with amounts claimed in respect of each such dispute along with the notice for appointment of arbitrator and giving reference to the rejection by the AC & RD of the ESIC of the appeal.
It is also a term of this contract that no person other than a person appointed by such AC & RD of the ESIC or the administrative head as aforesaid should act as arbitrator and if for any reason that is not possible, the matter shall not be referred to arbitration at all.
It is also a term of this contract that if the contractor does not make any demand for appointment of arbitrator in respect of any claims in writing as aforesaid within 120 days of receiving the intimation from the Engineer-in-Charge that the final bill is ready for payment, the claim of the contractor shall be deemed to have been waived and absolutely barred and the ESIC shall be discharged and released of all liabilities under the contract in respect of these claims.
The arbitration shall be conducted in accordance with the provisions of the Arbitration and conciliation Act. 1996, (26 of 1996) or any statutory modifications or re-enactment thereof and the rules made thereunder and for the time being in force shall apply to the arbitration proceeding under this clause.
It is also a term of this contract that the arbitrator shall adjudicate on only such disputes as are referred to him by the appointing authority and give separate award against each dispute and claim referred to him and, in all cases, where the total amount of the claims by any party exceeds Rs.1,00,000/- the arbitrator shall give reasons for the award.
66
It is also a term of the contract that if any fees are payable to the arbitrator these shall be paid
equally by both the parties.
It is also a term of the contract that the arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties calling them to submit their statement of claims and counter statement of claims. The venue of the arbitration shall be such place as may be fixed by the Arbitrator in his sole discretion. The fees, if any, of the arbitrator shall, if required to be paid before the award is made and published, be paid half and half by each of the parties. The cost of the reference and of the award (including the fees, if any, of the arbitrator) shall be in the discretion of the arbitrator who may direct to any by whom and in what manner such costs or any part thereof shall be paid and fix or settle the amount of costs to be so paid.
CLAUSE 26
Contractor to Indemnify ESIC against patent Rights
The Contractor shall fully indemnify and keep indemnified the Board of Governors of the ESIC against any action, claim or proceeding relating to infringement or use of any patent or design or any alleged patent or design rights and shall pay any royalties which may be payable in respect of any article or part of thereof included in the Contract. In the event of any claims made under or action brought against ESIC in respect of any such matter as aforesaid the Contractor shall be immediately notified thereof and the Contractor shall be at liberty at his own expense, to settle any dispute or to conduct any litigation that may arise there from. Provided that the Contractor shall not be liable to indemnify the Board of Governors
of the ESIC if the infringement of the patent or design or any alleged patent or design right is the direct result of an order passed by the Engineer in Charge in this behalf.
CLAUSE 27 : Lump sum Provision in Tender
When the estimate on which a tender is made includes lump sum in respect of parts of the work, the Contractor shall be entitled to payment in respect of the items of work involved or the part of the work in question at the same rates, as are payable under this contract for such items, or if the part of the work in question is not in the opinion of the Engineer-in-Charge payable of measurement, the Engineer-in-Charge may at his discretion pay the lump sum amount entered in the estimate, and the certificate in writing of the Engineer-in-Charge shall be final and conclusive against the Contractor with regard to any sum payable to him under the provisions of the clause.
CLAUSE 28: Action Where no specifications are Specified.
In case of any class of work for which there is no such specifications as referred to in Clause
11, such work shall be carried out in accordance with the Bureau of Indian Standard Specifications. In case there is no such specifications in Bureau of Indian Standards, the work shall be carried out as per manufacturer’s specifications, if not available then as per District Specifications. In case there are no such specifications as required above, the work shall be carried out in all respects in accordance with the instructions and requirements of the Engineer-in-Charge.
CLAUSE 29 : With-holding and lien in respect of Sums due from Contractor
(i) Whenever any claim, for payment of a sum of money arises out of or under the contract or against the contractor, the ESIC shall be entitled to withhold and also have a lien to retain such sum or sums in whole or in part from the security, if any deposited by the contractor and for the purpose aforesaid, the ESIC shall be entitled to withhold the security deposit, if any furnished as the case may be and also have a lien over the same pending finalization or adjudication of
any such claim. In the event of the security being insufficient to cover the claimed amount or amounts or if no security has been taken from the Contractor, the ESIC shall be entitled to withhold and have lien to retain to the extent of such claimed amount or amounts referred to above, from any sum or sums found payable or which may at any time thereafter become
67
payable to the contractor under the same contract or any other contract with the AC & RD pending finalization of adjudication of any such claim.
It is an agreed term of the contract that the sum of money or moneys so withheld or retained under the lien referred to above by the ESIC will be kept withheld or retained as such by the ESIC till the claim arising out of or under the contract is determined by the arbitrator (if the contract is governed by the arbitration clause) by the competent court, as the case may be and that the contractor will have no claim for interest or damages whatsoever on any account in respect of such withholding or retention under the lien referred to above and duly notified as such to the contractor. For the purpose of this clause where the contractor is a partnership firm or a limited company, the ESIC shall be entitled to withhold and also have a lien to retain towards such claimed amount or amounts in whole or in part from any sum found payable to any partner/ limited company as the case may be, whether in his individual capacity or otherwise.
(ii)ESIC shall have the right to cause an audit and technical examination of the works and the final bills of the contractor including all supporting vouchers, abstract etc. to be made after payment of the final bill and if as a result of such audit and technical examination any sum is found to have been overpaid in respect of any work done by the contractor under the contract or any work claimed to have been done by him under the contract and found not to have been executed, the contractor shall be liable to refund the amount of over-payment and it shall be lawful for ESIC to recover the same from him in the manner prescribed in sub-clause (i) of this clause or in any other manner legally permissible and if it is found that the contractor was paid less than what was due to him under the contract in respect of any work executed by him under it, the amount of such under payment shall be duly paid by ESIC to the contractor, without any interest thereon whatsoever.
Provided that the ESIC shall not be entitled to recover any sum overpaid, nor the contractor shall be entitled to payment of any sum paid short where such payment has been agreed upon between the ESIC on the one hand and the contractor on the other under any term of the contract
permitting payment for work after assessment by the Engineer-in-Charge.
CLAUSE 30 : Lien in respect of claims in other Contracts
Any sum of money due and payable to the Contractor (including security deposit returnable to him) under this contract may be withheld or retained by way of lien by the ESIC or any other contracting person or persons through Engineer-in-Charge against any claim of the ESIC or such other person or persons in respect of payment of a sum of money arising out of or under any other Contract made by the Contractor with the ESIC or with such other person or persons.
68
It is an agreed term of the contract that the sum of money so withheld or retained under this clause by the ESIC will be kept withheld or retained as such by the ESIC or till his claim arising out of the same contract or any other contract is either mutually settled or determined by the arbitration clause or by the competent court, as the case may be and that the contractor shall have no claim for interest or damages whatsoever on this account or on any other ground in respect of any sum of money withheld or retained under this clause and duly notified as such to the contractor.
CLAUSE 31 :Water supply
Water supply shall be made available by Dept. at one point. This will be subject to the condition that the water used by the contractor(s) shall be fit for construction purposes.
CLAUSE 32: Alternate water arrangement
The contractor shall be allowed to construct temporary wells in ESIC land for taking water for construction purposes only after he has got permission of the Engineer-in-Charge in writing. No charges shall be recovered from the contractor on this account, but the contractor shall be required to provide necessary safety arrangements to avoid any accidents or damage to adjacent buildings, roads and service lines. He shall be responsible for any accidents or damage caused due to construction and subsequent maintenance of the wells and shall restore the ground to its original condition after the wells are dismantled on completion of the work.
CLAUSE 33 : Return of Surplus materials Notwithstanding anything contained to the contrary in this contract, where any materials for the execution of the contract are procured with the assistance of ESIC either by issue from ESIC stocks or purchase made under orders or permits or licenses issued by ESIC the contractor shall hold the said materials economically and solely for the purpose of the contract and not dispose of them without the written permission of the ESIC and return, if required by the Engineer-in-Charge, all surplus or unserviceable materials that may be left with him after the completion of the contract or at its termination for any reason whatsoever on being paid or credited such price as the Engineer-in-Charge shall determine having due regard to the condition of the materials. The price allowed to the contractor however shall not exceed the amount charged to him excluding the element of storage charges. The decision of the Engineer-in-Charge shall be final and conclusive. In the event of breach of the aforesaid condition the contractor shall in addition to throwing himself open to action for contravention of the terms of the license or permit and / or for criminal breach of trust, be liable to ESIC for all moneys, advantages or profits resulting or which in the usual course would have resulted to him by reason of such breach.
CLAUSE 34: Plant & Machinery: The contractor shall arrange at his own expense all tools, plant, machinery and
equipment.
CLAUSE 35: deleted
CLAUSE 36: Deleted
CLAUSE 37: Levy/Taxes payable by Contractor.
69
i) Sales Tax service tax, VAT, Octroi , GST,purchase tax or turnover tax or any other tax in respect of this contract shall be payable by the Contractor and ESIC shall not entertain any claim whatsoever in this respect.
ii) The contractor shall deposit royalty and obtain necessary permit for supply of
the red bajri, stone, kankar, etc. from local authorities.
iii) If pursuant to or under any law, notification or order any royalty, cess or the like becomes payable by the ESIC to the State Government, Local authorities in respect of any material used by the contractor in the works then in such a case, it shall be lawful to the ESIC and it will have the right and be entitled to recover the amount paid in the circumstances as aforesaid from dues of the contractor.
CLAUSE 38 : Deleted
CLAUSE 39: Termination of Contract on death of contractor
Without prejudice to any of the rights or remedies under this contract if the contractor dies, the
AC & RD General on behalf of the corporation Member of the ESIC shall have the option of
terminating the contract without compensation to the contractor.
CLAUSE 40: Deleted
NOTE: By the term “near relatives” is meant wife, husband, parents and grand parents children and grandchildren, brothers and sisters, uncles, aunts and cousins and their corresponding in-laws.
CLAUSE 41: Deleted
CLAUSE 42 : Deleted
CLAUSE 43: Compensation during warlike situations
The work (whether fully constructed or not) and all materials, machines, tools and plants, scaffolding, temporary buildings and other things connected therewith shall be at the risk of the
contractor until the work has been delivered to the Engineer-in-Charge and a certificate from him to that effect obtained. In the event of the work or any materials properly brought to the site for incorporation in the work being damaged or destroyed in consequence of hostilities or warlike operation, the contractor shall when ordered (in writing) by the Engineer-in-Charge to remove any debris from the site, collect and properly stack or remove in store all serviceable materials salvaged from the damaged work and shall be paid at the contract rates in accordance with the provision of this agreement for the work of clearing the site of debris, stacking or removal of serviceable material and for reconstruction of all works ordered by the Engineer-in-Charge, such payments being in addition to compensation up to the value of the work originally executed before being damaged or destroyed and not paid for. In case of works damaged or destroyed but not already measured and paid for, the
70
compensation shall be assessed by Engineer-in-Charge. The contractor shall be paid for the damages/ destruction suffered and for the restoring the material at the rate based on analysis of rates tendered for in accordance with the provision of the contract. The certificate of the Engineer-in-Charge regarding the quality and quantity of materials and the purpose for which they were collected shall be final and binding on all parties to this contract.
Provided always that no compensation shall be payable for any loss in consequence of hostilities or warlike operations(a) unless the contractor had taken all such precautions against air raid as are deemed necessary by the A.R.P. Officers or the Engineer-in-Charge. (b) for any material etc. not on the site of the work or for any tools, plant, machinery
scaffolding, temporary building and other things not intended for the work.
In the event of the contractor having to carry out reconstruction as aforesaid, he shall be allowed
such extension of time for its completion as is considered reasonable by the AC & RD.
CLAUSE 44: Deleted
CLAUSE 45: Release of Security deposit after labour clearance.
Security Deposit of the work shall not be refunded till the contractor produces a clearance certificate from the Labour Officer. As soon as the work is virtually complete the contractor shall apply for the clearance certificate to the Labour Officer under intimation to the Engineer-in-Charge. The Engineer in charge on receipt of the said communication, shall write to the Labour Officer to intimate if any complaint is pending against the contractor in respect of the work. If no complaint is pending, or recorded till after 3 months after completion of the work and/ or no communication is received from the Labour Officer to this effect till six months after the date of completion, it will be deemed to have received the clearance certificate and the Security Deposit will be released if otherwise due.
71
TECHNICAL SPECIFICATIONS
Name of work: Dismantling of old lifts, Supply, Installation, Testing and
Commissioning of 3 Nos. of Lifts at IG ESIC Hospital Jhilmil,
New Delhi.
1. Elevators shall be conforming to CPWD specification for Electrical works Part-III (Lift
& Escalators)-2003, IS 15785:2007, CPWD specification for Electrical works Part-I
(Internal Electrical works)-2005, Local Body Lifts Acts, Indian electricity act & rule,
Other BIS Specifications & other national/ international specifications or as amended
herein. Elevators covered by this specification shall be provided, installed, tested,
commissioned, certified and approved as per statutory requirements by Lift Inspectorate.
AC & RD
ESIC REGIONAL
OFFICE DELHI
72
TECHNICAL SPECIFICATIONS
1.0 General These specifications are intended to cover the technical requirements of the complete lift installation work of 3 Nos. of 26 passenger Lifts in ESIC Jhilmil Hospital, Delhi, its components, safety devices, and various types of controls and method of operation. The Machine shall be mounted directly on guide rails in lift shaft and no machine room shall be provided.
2.0 Drive Machinery 2.1 Electric Supply
3 phase, 400/415 Volts, 50 cycles A.C Electric supply shall be made available by the owner at one point. The entire lift equipment should be suitable for operation at +10%
to -20% of the rated supply voltage
2.2 Machine The lift machine shall be variable voltage and variable frequency gearless machine of design which offers higher performance, greater flexibility, and enhanced reliability & complies to ISO 9000 standards. The gear box should be highly efficient suitable for reduced energy consumption. The gearless machine shall be suitable for AC VVVF drive.
2.3 Sheaves Sheaves and pulley shall be of hard alloy, cast iron, SG iron or steel and free from cracks, sand holes and other defects. They shall have machined rope grooves. The traction sheaves shall be grooved to produce proper traction and shall be of sufficient dimension to provide for wear in the groove. The deflector sheave shall be grooved so as to provide a smooth bed for the rope. The deflector or secondary sheave assemblies where used shall be mounted in proper alignment with the traction sheaves. such deflectors sheaves shall have grooves larger than rope diameter as specified in clause 8 of IS 14665 (Part -4 sec3) :2000. The size of all the sheaves shall be in accordance with clause 8 .4 of IS 14665 (Part4-sec 3):2000.Wherever necessary suitable protective guards may be provided.
2.4 Shaft Keys Shafts which supports sheave, gears, coupling and other members which transmit torque shall be provided with tight fitting keys of sufficient strength and quality.
2.5 Brake The lift drive machinery shall be provided with an electro-magnetic brake or motor operated brake normally applied by means of springs in compression when the operating device is in off position. The brake shall be suitably curved over the brake
drum or brake disc and provided with fire proof friction lining. The operation of brake shall be smooth, gradual and with minimum noise. The brake shall be designed to be of sufficient size and strength to stop and hold the car at rest with rated load. The brake should be capable of operation automatically by the various safety devices, current failure and by the normal stopping of the car. The brake shall be released electrically. It shall also be possible to release the brake manually, such releases requiring the permanent application of manual forces so as to move the lift car in short stops. For this purpose suitable brake release equipment wherever necessary shall be supplied with each lift installation and the same shall be kept in safe custody to prevent misuse.
73
2.5.1 Hand winding wheel or handle A suitable hand winding wheel or handle mounted on the end of motor shaft for manual operation to move the lift car up or down to bring it to nearest landing manually. The up or down direction of the movement of car should be clearly marked on the motor/ at suitable location. A warning plate written in bold signal red letters advising the maintenance staff to switch off the mains supply before releasing the brake and operating the wheel is to be prominently displayed.
3.0 Type of controls:
Microprocessor based A.C Variable Voltage Variable Frequency Control shall be used. The design of the controller should be such that it can be mounted on a wall and is dust protected,
providing sufficient protection against lizards, rodents, etc. Max. Permissible leveling inaccuracy shall be ±5 mm only. The VVVF controller shall have the following features:
a). Total control at all stages of the motion cycle b) A consistent fully adjustable smooth ride c) Better leveling accuracy under all condition d) A higher power factor e) Lower starting current f) Energy saving through the reduced power consumption
The system should monitor critical aspects of system health, self help diagnostic capability
as built in, control system to speed up trouble shooting. It shall have constant voltage transformer for trouble free operation.
VVVF Inverter Drive
Fully digital VF inverter incorporating Flux Vector Control, technique of Pulse Width Modulation (PWM) for directly controlling the current of the elevator motor and providing constant speed control over the entire frequency range under all conditions to achieve considerable power saving thereby reducing the overall power consumption reduction in generator capacity and improvement in power factor and high speed switching device – the IGBT (Insulated Gate Bipolar Transistor) embedded in the inverter for smooth and quite operation.
4.0 Installation Aspects
4.1 Installation of lift Machine – Lift is machine room type and lift machine may be mounted in
machine room.
Vibration Isolation arrangement shall be provided to prevent transmission of vibrations to the building and structure. Provision of lighting and ventilation as required shall be provided by the electrical contractor
74
5.0 Guide Rails
The guide rails for lift car and counter weights shall be in accordance with clause 3 of IS 14665 (Part-4, section-2) 2000 .The Guide rails supported by brackets secured to hoist way at each floor shall be continuous throughout the entire travel, suitable for installation of lift machine and shall withstand without any deformation the action of safety care with a fully loaded car .
5.1 Guide Rails Shoes To prevent car shaking automatic adjustable guide shoes should be used. The firm should
use Teflon guide gibs on lubricated guide rails.
6.2 Lift Car 6.1 Car frame
The car frame shall be in accordance clause 4 of IS 14665 (Part-4, section-2) 2000 fabricated from formed or structural steel members shall be provided with adequate bracing to support the platform and car enclosures. The car safety shall be integral with car mounted on the bottom members of the car frame and shall be with flexible guide clamp type designed to stop and hold a fully loaded car and withstand without permanent deformation the operation of safety gears.
6.3 Car Platform The car platform shall be of framed construction and designed on the basis of rated load evenly distributed confirming to IS 14665 (Part-1) 2000. A load plate along with overload alarm, giving the rated load and permissible maximum number of passengers should be fitted in each lift car in a conspicuous position.
6.4 Car Body The car shall be enclosed on all sides by a metallic enclosure. The enclosure including the door shall withstand without deformation a thrust of 35 Kg applied normally at any point and as per IS 14665 (Part-4, section-3) 2001 and Ventilation openings as required. Lift car door shall have a fire-resistant rating of 1 hour.
The car roof shall be solid type capable of supporting a weight of at least 140 Kg and as per IS 14665 (Part-4, section-3) 2001 The liability of Fire rating test lies with manufacturing agency.
6.5 Operating Panels inside the car The car operating panel shall be of metal, flush mounted and duly finished to match the car
interior décor and shall contain all the devices as may be specified depending upon the type of operation required. in addition separate illuminated panel for indication the floor and direction may be provided on the top or the door way .All switches shall be fade proof and the devices shall be of suitable quality . Each device and its operating position shall be legible fade proof and marked.
6.6 Buffers The suitable heavy-duty spring buffers shall be placed below the car and counter weight
arranged to sustain and shock, should the elevator over travel past the terminal limits. Buffer shall be designed for design speed + 15%. Clearance from under side of car resting on a fully compressed buffer shall not be less than 1.20M.
6.7 Ropes
These will be self lubricated and manufactured from high grade steel and material special flexible and the combine breaking strength will be calculated with a minimum factor of safety of 10 times the combine weight of car with full load.
75
6.8 Traveling Cables. All wiring and electrical interconnections shall comply with governing codes. Insulated wiring shall have flame retardant and moisture proof outer covering and shall run in metal conduit tubing or approved electrical raceways. Traveling cables shall be flexible and suspended to relieve strain on individual conductors. A minimum of 10% spare conductors shall be provided in traveling cable.
6.9 Threshold
The threshold to be provided should be aluminum grooved, with self-supporting sill angle.
6.10 Hall buttons
For passenger and freight elevators, these shall be provided at each terminal landing. A single micro movement push button shall be provided at top most and landing floors, two micro movement buttons on a single plate shall be provided at each intermediate floor. When a hall call is registered by momentary pressure on a landing button, that button shall become illuminated until the call is answered.
Passenger and freight elevators call buttons shall be as per manufacturers standard
selection. The catalogues of the buttons offered shall be submitted along with the tender.
6.11 Motor
The make and type of hoisting motors and capacity should be mentioned. The motor should
be suitable for elevator service (S4 duty) with high starting torque and starting current should
be mentioned.
6.12 Alarm Bell
A battery-operated emergency alarm bell, including wiring to be provided and connected to a properly marked push button in the car-operating panel. The alarm bell shall be located at the ground floor, at the floor landing outside and adjacent to hoist way.
6.13 Hoist way Gate Interlocks
Each host way gate shall be provided with interlock and which shall prevent the movement of the car away from the landing unless all are closed and locked. The interlock shall also
prevent opening of gate except at the landing where the car is stopping or has stopped.
6.14 Counter Weight
The counter weight shall consist of cast iron weight containing structural steel frame and shall be equal to the weight of the complete elevator car and approximately 50% of the contract load. Counterweight is to be provided with over speed safety in case of passenger elevators.
6.15 Hitches Plates
Self-aligning (with isolation cushion) hitches plates of better roping shall be provided.
6.16 Speed Governor
76
The car safety shall be operated by a mechanical centrifugal speed governor located at the top of the hoist way. The governor shall actuate a switch when excessive descending speed occurs disconnecting power to the hoist motor and applying the break prior to deployment of the safeties.
6.17 Reverse Phase Relay
Reverse phase relays should be provided on the controller, which should be designed to
protect the elevator equipment against phase reversal and single phasing and phase failure.
6.18 Digital Hall Position Indicator
A digital position indicator shall be provided on all landings indicating the position of the car
in the hoist way at all times. Illuminating direction arrows shall indicate the direction of the
travel.
6.19 Digital car position indicator
A digital car position shall be provided in each elevator car which shall indicate the landing at which the car has stopped or is passing. Illuminating direction arrows shall indicate the direction of travel.
6.20 Car door operator :
a). An electrical A.C/D.C. door operator shall be provided on the car to automatically
operate and close the car door in the following manner.
b). When the car stopped at a landing the car door shall be opened by the electric operator. After the hoist way door has been closed, the pressing of either a car button or landing operating button at other landing shall cause the car door to close. An electric contact shall be provided to prevent the operation of the elevator unless the door is in the position.
6.21 Full Collective Automatic Operation
a). The operation shall be full collective automatic type with one button in the car for each landing level served and up and down buttons at the intermediate landings and a single button at each terminal landing. All stops registered by the momentary pressure of the car button shall be made in the order in which the Landings are reached after
the buttons have been pressed but irrespective of the sequence in which the calls were registered.
b).
All up landing calls shall be answered when the car is travelling in the up direction and all down landing calls shall be answered when the car is travelling in the down direction, except in the case of the uppermost or lowermost calls which shall be answered as soon as it is reached.
6.22 Infra red safety
Car doors should have full infrared safety device, with minimum 75 beams. When any beam is interrupted, an electronic circuit shall be actuated and door operating mechanism shall return the doors to the open position and when the entrance is again clear, the elevator door closes automatically.
77
6.23 Fire man drive
Fireman drive shall be provided for each elevator. The operation of the fireman drive shall
be in two phases.
In the first phase it shall cancel all the calls and bring the passengers to the parking floor. All the floor buttons shall remain ineffective till the button is reset.
In the second phase the fireman shall use it. In second phase operation the elevator door should open by continuous pressure on the door open buttons and the door shall close if the button is released before the door full open. And hall buttons giving car calls indication shall cause the door to close, and the elevator should run on slow speed. Doors should be fire
rated for one hour and shall be provided with jam panels.
6.24 Automatic Rescue Device. Automatic (Emergency) battery device should come into operation in case of power failure it should sense the direction of motor and stop the elevator at the nearest floor landing and door should open. The automatic rescue device (drive) should be base on maintenance free batteries of suitable capacity –each elevator to have its own Automatic Rescue Device.
78
Annexure - I
Detailed Technical Specification/Requirement of Passenger cum Bed Lifts ( for26 persons) IGI Jhilmil Ward Block - 3 Nos. Lifts
Capacity - 26 Passengers cum Bed Lift
Load - 1768 Kg
Speed - 01 MPS
Travel - 16.3 Mtrs. (approx)
Stop & Opening - 5 Stops, 5 openings (all on same side)
Power supply - 415V 3Ph. 50 Hz AC
Controller - Microprocessor based AC variable voltage variable frequency
Operation - Duplex selective with / without attendant
Signals - As per CPWD specifications part III - 2003 (Lift).
Hoist way - 2375 mm x 2900mm
Car entrance - Central opening sliding SS door (scratch proof) with Suitable fire rating as per CPWD Specification.
Door opening - 1000(W) x 2000(H) mm
Hand rail Black matt powder coated
False ceiling Acrylic with / LED light
Flooring Vinyl tiles
Door safety Mechanical & infrared door protection system upto full door height
ARD - Automatic rescue device with battery backup
Signals - Combined luminous hall buttons and digital hall position indicator with directional arrow.
- Full length panel Dot Matrix indicates
- Integral full height car operating panel with luminous buttons
- Digital car position indicator combined with directional arrow.
79
- Battery operated alarm bell and emergency light with batteries as required.
- Overload warning and service cabinet.
- Auto fan ON/OFF feature.
- Compact Florescent tube in the car.
- Fireman’s switch at ground floor
- Intercom system in car ( in built ) (for 3 position in built feature)
- All plates should be of stainless steel
Door Safety - Mechanical & infrared door protection system covering full door height
- Face plate in hair line finish of stainless steel and of
rectangular shape
Approved Makes -
OTIS, KONE, Mitsubishi, Schindler, Johnson make, M/s ThyssenKrupp, M/s Omega Elevators and M/s ECE Elevators)
Machine - Gearless Buttons on Car - Stainless steel round button with Braille operation
80
Annexure - 2
Schedule of Breakup of Prices for items Covered under schedule of quantities for Stage Payment
S.No
Details of item
Percentage of the accepted cost of the elevator.
1 Providing & fixing of Guide Rails for Car & counter weight including accessories
2 Providing & fixing of Landing Door
equipments
3 Providing & fixing of Car & car equipments complete with accessories
4 Providing & fixing of Car frame, lift car, Rope and miscellaneous accessories as required in machine room, hoistway and pit
5 Providing & fixing of Controller & lift
machine in machine room.
6 On completion, testing, commissioning and after approval of competent authority/lift inspector and handing over of the work.
(Signature of Contractor)
81
Annexure-3
Guaranteed Performance
S.No Particulars of Details Guaranteed data
A General :
1 Name of Manufacturer
2 Country of manufacturer
3 Capacities (persons/ weight)
4 Service
5 Speed of Travel
6 Height of Travel
7 No. of Floors served
8 No. of openings
9 Position of counterweight
10 Type of Leveling method
B
Machine :
C Motor
a). Type
b). Make
c). Horse Power
d). Standards conforming to
e). Electric supply particulars for which it is suitable for
operation D Drive :
a). Number & diameter of ropes
82
b). Make and Type No. of Reduction gear unit
c). Reduction ratio of gear unit
E. Brake
1 Type 2 Make 3 Construction and Electrical particulars
(Operating voltage, current etc)
F. Car :
1 Outside dimensions of car 2 Inside clear dimensions 3 Construction of car 4 Design/ Type of enclosure of car 5 Details of flooring 6 Attachments and fitting inside the car
7 Car Doors :
a). Size
b). Operation
c). Construction, design & finish
d). Details of runners & suspension
8 Landing Doors :
a). Size
b). Operation
c). Construction, design & finish
d). Details of runners and suspension
9 Leveling Method :
G Guides & Guide Shoes:
83
1 For Car :
a). Size
b). Weight per metre run
H Safety Services: 1 Car safety type 2 Counter weight safety type 3 Door interlocks in cary-type 4 Door locks in landing type 5 Details of door ledge 6 Limit switches:
a). Type
b). Location
c). Function
d). Number at each location
e). Make
f). Rating (Amps) I Buffers:
1 For car :
a). Type
b). Construction
c). material
2 For counterweight :
a). Type
b). Construction
84
J Electrical Particulars of Alarm Bell :
Other safety devices included in the offer :
K Controller :
1 Type 2 Location 3 Manufacturer name, type and electrical particulars
Operating coils of relays 4 Particulars of type, make etc of relays and contractors 5 Any other particulars of construction
L Signaling System
a). In car :
i). Door button
ii). Call indicator
iii). Direction and position indicator
iv). Emergency button
v). Door button
vi). Alarm bell button
vii). Changeover switches
viii). Light and fan switches
b). At landing :
i). Call button
ii). Direction and car position indicators
Note : Full and comprehensive details are to be given by the tenderer M Inter Communication System :
1 Make & Model 2 Technical Data of Manufacturers
(Please enclosed literature )
85
N Emergency Power Pack :
1 Type of Battery and Capacity 2 Detail of Float / Boast Change (Make / Model )
O Automatic Rescue Device
a). Make b). Capacity c). Battery make and capacity in ampere hour and quantity
P Any other data
86
Annexure - 4
Schedule of Program for Manufacture, Supply and Installation
S.No Details Month
Week 1 2 3 4 5 6 7 8 9
Supply of Preliminary Drawings
1 General arrangement drawing 2 Electrical drawing 3 Foundation and other details 4 Any other drawings as per
specifications 5 Bringing materials to site 6 Scaffolding 7 Alignment Checking 8 Guide Rails 9 Hoistway work 10 Door work in landings 11 Car assembly 12 Machine Room machinery
installation 13 Controller installation
14 Wiring Work 15 Adjustments 16 Commissioning 17 Testing
87
Annexure - 5
Test of Lift Installations
1. Test of Lift Installation :
1.1 Tests at site :
a). Leveling Test :
Accuracy of the floor leveling shall be tested with the lift empty, fully loaded.
The lift shall be run to each floor while traveling both in upward and downward directions and the actual distance of car floor above/ below landing floor shall be measured. In each case there shall not be any appreciable difference in these measurements for leveling at the floors when the car is empty and when it is fully loaded. The tolerances for leveling shall be specified and guaranteed by the tenderer.
b). Safety Gear Tests :
With the contract load still in the car, the safety gear may now be tested, if the lift operates from a d.c supply the excess speed necessary to operate the gear may be obtained by field weakening, but if a.c. motor is installed the gear may be set to operate at the contract speed or alternatively tripped by hand at the contract speed. Instantaneous safety gear controlled by a governor should be tested with contract load and a contract speed, the governor being operated by hand. Two tests should be made, however, with wedge clamp or flexible clamp safeties, one with contract load in the car and other stopping distance obtained should be compared with the specified figures and the guides, car platform, and safety gear should be carefully examined afterwards for signs of permanent distortion. Note -: if there is sufficient cable left on the safety drum after the gear has operated. Counterweight safety gear should be tripped by the counter weight governor and the stopping distance noted. In this case, however the governor tripping speed should exceed that of the car safety governor but by more than 10%.
During the safety gear tests an inspector with a tachometer should determine the car speed
(from the governor or the main sheave) at the instant or tripping speed with that stated in I.S.
The governor jaws and rope should be examined for any undue wear.
c). Contract Speed:
This should be measured with contract load in the car, with half load and with no load, and should not vary from the contract speed by more than 10%. The convenient method is by counting the number of revolutions, made by the sheave of drum in a known time, chalk mark on the sheave or drum and a stop switch will facilitate timing but care must be exercised to ensure that no acceleration or retardation periods are included, if the roping is 2 to 1 the sheave speed is twice the car speed. Alternatively, the speed can be measured by a tachometer applied directly to shaft immediately below the sheave.
d). Lift balance :
88
After the above test, some of the weight shall be removed until the remaining weights represent the figures specified by the tenderer. With this condition car at half way travel the effort required to move the lift car in either direction with the help of winding wheel shall be as nearly, be the same as can be judged
e). Car and landing doors interlocks:
The lift shall not move with any door open. The car door relay contact and the retiring release contact must be tested. The workings of the door operation and the safety edges and light equipment if any provided shall also be examined.
f). Controllers:
The operation of the contactors and interlocks shall be examined and it shall be ascertained
whether all the requirements laid down in the specifications have been met.
g). Normal terminal stopping switches:
These shall be tested by letting the car run to each terminal landing in turn, first with no load
and then with contract load and by taking measurements, top and bottom over travels can be
ascertained.
h). Final terminal stopping switches :
The normal terminal stopping switches shall be disconnected for this test. It shall be ensured
that these switches operate before the buffers are engaged.
i). Insulation Resistance :
This shall be measured between power and control lines and earth and shall not be less than 5 mega – ohms when measured with D.C voltage of 500 volts. The test shall be carried out with contactors so connected together as to ensure that all parts of every circuit are simultaneously tested.
j). Earthing:
All conduits, switches, casing and similar metal work shall have earthing continuity.
k). Ropes :
The size, number construction and fastenings of the ropes should be carefully examined and
recorded.
l). Buffers:
The car should be run on to its butters at contract speed and with contract load in the car to test whether there is any permanent distortion of the car or buffers. The counter weight buffers should be tested similarly.
1.2 Tests at Manufacturer’s works :
89
a). High voltage test :
The dielectric or electrical apparatus (excluding motors, generators and instruments which are tested in accordance with the appropriate Indian Standards wherever they exist) shall be
capable of withstanding a test voltage of ten times the working voltage with a maximum of 2000 volts when applied
i). ii). iii).
Between the live parts and case or frame with all circuits completed
Between main terminals or equivalent parts with all circuits open and
Between any live parts of independent circuits
Note:- Owing to the impracticability of applying tests (ii) & (iii) mentioned above on controllers and similar apparatus after controller wiring has been completed, these tests may be made at convenient stages or manufacture.
b).
I).
Method of applying high voltage:
The test shall be made with alternating voltage of any convenient frequency, preferably between 49 and 60 cycles per second. The test voltage shall be of approximately sine-wave form and during the application of voltage with peak value, as would be determine by spark gap by orcillograph or by any other approved method shall of the applied voltage shall be measured by means of a transformer or by means of a voltmeter used in connection with a special calibrated voltmeter winding or testing transformer by any other suitable voltmeter connected to the output side of the testing transformer.
ii). Duration of high voltage test:
The test shall be commenced at a voltage of about one third of the test voltage which shall be increased to the full test voltage as rapidly as is consistent with the value being indicated by the measuring instrument. The full test voltage shall be maintained for one minute. At the end of this period, the test voltage shall be rapidly diminished to one third of its full value before switching off.
The oil buffers are examined after the above tests have been made to determine if there have been any oil leakage or distortion and to ensure that the buffers return to
their normal position.
c). Service Temperature Test:
A continuous run of one hour should be made with number of starts and stops to reproduced as nearly as practical the anticipate duty in service (The standard duty cycle is for 90 to 180 start per hour). It is very difficult in practice to carry out this test with alternate starts at full load and no load and it is very necessary therefore to simulate these cycles. A suitable test for all motor except squirrel cage motors is to run the cat up from the bottom landing with contract load and stop at each floor. From the top floor a non stop run is made to the lowest floor and the upward journey with stop is then repeated. The time intervals between stops and starts at the floors should be uniform and such as to give about 120 starts in one hour. At the end of this run the temperatures of the armatures and fields of the motors and generator are record. The temperature rise should, not exceed 55oC or 75oC for classes. A or E insulation respectively.
90
d). Buffer test : A copy of the test report shall be intimated after testing at works.
91
Annexure – 6
Completion Certificate
1. Lift installation at 2. No. of lifts 3. Capacity 4. Speed
5. Type 6. Method of operation 7. Give details on list of manuals data and information supplied in accordance with 8. Whether brake release equipment and winding wheel has been provided. 9. Whether the layout of equipment in the machine room ensure free movement within 10. Type of variation, isolation foundation provided 11. Whether guide rails have been installed properly
12. Whether the car frame is made of rigid construction and the car so mounted as to minimize
vibration and noise being transmitted inside. 13. Whether the platform and all other dimensions conform to IS : 3554-1976 amended upto
date 14. Whether the car body is rigid to withstand application of fires 15. Whether car aprons, landing threshold, sills have been provided. 16. Details of intercommunication system provided whether it is working satisfactory 17. Whether rating and instructions plate has been prominently displayed inside the car. 18. Whether doors have been properly fixed 19. Type of leveling device if any provided and the accuracy of leveling achieved 20. Whether counter weight conforms to IS : 4666-1980 and whether counter weight guards
have been provided. 21. Type of guide shoes provided
92
22. No. and size of hoisting ropes and governor ropes along with their origin, type, ultimate
strength and factory of safety. 23. Type and method of operation of car and landing doors. 24. Method of proper fastenings 25. Type of safety gear with name of manufacturer 26. Type of buffers indicating also the name, stroke, certified maximum load and certified
maximum striking speed and whether buffer has been tested
27. Door locks whether these have been tested for satisfactory submitted by the firm.
28. Whether alarm bell and emergency door lock release operating key and associated safety
and other safety included. 29. Whether all wiring in the machine room and the host way etc, properly identified by plastic
metallic identification tags. 30. What auxiliary switches have been provided.
31. Whether earthing has been done properly also the extra wires provided as per requirement mentioned.
32. Whether the controllers casing is insect proof with hinged doors and gaskets and foundation
facilities 33. Whether the lift supplier has recommended common spare required for maintenance and
trouble free operation.
Certified the lift installation and components confirm to IS : 4666-1980, 1860-1980, 2365-1977, 4289-1984, 7759-1975, 732-1983 and another relevant standards local lift Act and Rules, Indian Electricity Act and Rules and CPWD General Specifications of Electrical Works (2000) amended upto date.
93
List of Indian Standards Connected with Lift Installations
1 Code of Practice for installation, operation & IS. 1860-1980 Reaffirmed 1991 maintenance of electric passenger and goods
lifts (1st Revision)
2 Code of practice for installation, operation IS. 6620-1972 and maintenance of electric service lift
3 Specification for Electric passenger and IS.4666-1980 Reaffirmed 1991 goods lifts
4 Electric Service lift IS.6383-1971 Reaffirmed 1991
5 Outline dimensions for Electric lifts (under IS.3534-1976 Reaffirmed 1991 revision draft finalized)
6 Code of practice for installation and IS.4591-1968 Reaffirmed 1991 maintenance of escalators
7 Specification for steel wire suspension ropes IS.2365-1977 Reaffirmed 1991 for lifts and hoists (with amendments)
8 Glossary of terms relating to wire ropes IS.2363-1981 Reaffirmed 1983
9 Specification for lift cables IS.4289-1984 Reaffirmed 1983
10 Glossary of terms for electrical cables and IS.1885 Part 32 conduits
11 Specification for rubber insulated cable IS : 9968 (Part) 1988
12 Specification for varnished, cotton cloth and IS.3352-1965 Reaffirmed 1990 tape for electrical purpose
13 Specification for lift door locking device and IS. 7759 – 1975 contacts
14 Specification for hot rolled and slit steel bars IS.1173-1978 Reaffirmed 1978
15. Method of load rating of worn gear IS.7443-1974 Reaffirmed 1991
16. Code of practice for selection of standard IS.7403-1974 Reaffirmed 1991
worm and helical gear box
17 Isometric screw threads IS.4218 (part II) 1976 – do – 1991
94
18 Degree of protection provide by enclosures IS.2147-1962 for low voltage switchgear and control gear
19 Classification of insulating material for 1271 electrical
20 Code of practice for earthing IS 3043 – 1987
21 Electrical installation for safety of building IS 1646 – 1997
22 Code of practice for the protections of IS – 2309 1989 building and allied structures against lighting
Special & Safety Features of the Equipment
1. duplex collective selective operation. 2. Auto-Attendant operation. 3. Independent operation. 4. Non-stop service. 5. Home landing. 6. Automatic fan switch off. 7. Pit emergency stop switch. 8. Top of car inspection box. 9. Electronic door detector for full entrance height. 10. Emergency stop switch. 11. Audio-Visual overload warning. 12. Overload Non-start. 13. Speech synthesis (Voice Announcement System). 14. Fireman switch. 15. Wall opposite the door should be mirrored above the handrails.
95
Instructions to be displayed in Hindi/ English in the lift car (Passenger lift for non-residential buildings)
S.No Inside the car
1 Lift Number
2 Capacity
3 Persons
4 No smoking
5 Operate push buttons/ switches correctly
6 Do not lean against the lift door
7 Do not panic in the event of breakdown press alarm buttons and follow
instructions of authorized staff.
8 USE Telephone / intercom kept inside the car for help
96
List of Approved Make Electrical / Civil Work .
S.No. Item/ Description Approved Make
1 FRLS PVC Insulated Copper
Conductor Single Core Cable /
Three Core Cable
Havell’s / Polycab / Finolex / Grandly / RR Kabel / KEL /
Crompton Greaves
2 MCCB /MCB/RCCB/MCB DB L& T / Legrand / Siemens / ABB / Schneider / Havells
3 G.I box with modular plate/ 5/6 -
amp switch / 5/6-amp socket outlet
and Modular Type Switches
/Sockets / Bell
Anchor /Legrand Myrius/ MK Blenz / Seimens / Crabtree
4 10-watt LED Bulkhead luminaires Phillips / Wipro /Trilux /Havells
5 Steel Conduit NIC/AKG/BEC ISI Marked
6
Cement OPC/PPC 43 Grade ACC/ Birla/Jaypee/Shree/J. K/ Ultratech /L& T
97
EMPLOYEES’ STATE INSURANCE CORPORATION REGIONAL OFFICE, RAJENDRA BHAWAN
RAJENDRA PLACE, NEW DELHI - 110008
TENDER DOCUMENT
PART - II
Schedule of Quantities (Financial Bid)
(BOQ)
NAME OF WORK:
Dismantling of old lifts, Supply, Installation, Testing and Commissioning of
3 Nos of Lifts at IG ESIC Hospital Jhilmil, New Delhi
98
RO,Delhi
SCHEDULE OF QUANTITY
Name of work: Dismantling of old lifts, Supply, Installation, Testing and
Commissioning of 3 Nos of Lifts at IG ESIC Hospital Jhilmil, New Delhi
S.No Description Unit Qty Rate (in
words &
figures
both in
Rs.)
Amount
Sub-I (SITC of Lift)
1 Supply ,Installation , testing & commissioning of 26 passenger (1768 Kg) lift having contract speed of 01 MPS serving 5 floors in the lift shaft as per detailed specifications enclosed and as under :- (Make :- OTIS, KONE, Mitsubishi,
Schindler, Johnson make, M/s
ThyssenKrupp, M/s Omega Elevators
and M/a ECE Elevators
i) Speed : 01MPS
ii) Floor : 5 Floors (G+4)
iii) Travel : 16.3 mtrs (approx)
iv) Stops & Openings : 5/5 on same side
v)
Controller: A.C. Variable voltage &
variable frequency.
vi) Automatic rescue device complete with dry, maintenance free batteries as reqd.
vii)
Operation: Micro processor based, duplex collective selective with / without attendant.
viii)
Power: 400/415v, 3 phases, 50HZ, 4 wire
system.
ix) Capacity(Kgs): 1768 kg,26 Passengers
x) Drive: Gearless
xi) Machine: Gearless
xii) Car Group: Simplex
xiii) Traction Media: As per manufacturer standard
Type of Doors
xiv)
Car: Power operated, center opening
horizontal sliding stainless steel scratch
proof (vandal proof) Rear mid panel,
front panel & panels.
xv) Landing doors : SS hairline finished
xvi) A Stainless steel hand rail not less than 600 mm long at 900 mm above floor
99
level to be fixed on both the side panels and rear panel in the lift car.
xvii)
Button in car operating panel & landing
operating panel shall be having Braille
Inscription & shall be fixed for the
handicapped.
xviii)
Voice announcement system in the car to announce the position of the elevator in the hoist way as the car passes or stops at a floor served by the elevator.
xix) False Ceiling type: As per manufacturer standard
xx) False Ceiling Finish: Acrylic with LED light
xxi) Ventilation: Cross flow fan/Blower
xxii) Flooring: vinyl tiles
xxiii) Car Door Finish: stainless steel
xxiv) Fire rated door: fire rating-60mins
xxv) Hoist way Dimension: 2375mm x 2900mm
xxvi) Car Dimension:
xxvii) Door opening: 1000W x 2000H mm
xxviii) Door operator: DC Door operator
xxix) Car position Indicator: Dot matrix(Red Led) scrolling Display
xxx) Hall fixtures:Stainless steel
xxxi) Hall Fixture Face Plate: Stainless Steel
xxxii) Hall Button Arrangement: Hall Button with HPI
xxxiii)
Standard Features: Anti nuisance car call protection, Independent service, overload device, Nudging, emergency firemen’s service, Emergency car light unit, Infrared curtain door, protection, Door time protection, Emergency Alarm button, Extra door time of lobby & parking, door open/close Button, manual rescue operation, belt inspection drive, Auto fan cut off, Regenerative drive.
xxxiv)
Options Required: Automatic rescue operation, Voice synthesizer, Itercom, Automatic phase reversal. Each 3.0
2 Sub Head-II (Civil & Elect. Work)
i)
Repairs to plaster of thickness 12 mm to 20 mm in patches of area 2.5 sq. meters and under, including cutting the patch in proper shape, raking out joints and preparing and plastering the surface of the walls complete, including disposal of rubbish to the dumping ground, Sq mtr. 250
100
all complete as per directions of Engineer-In-Charge. With cement mortar 1:4 (1 cement : 4 fine sand) including scaffolding up to all height etc.
ii)
White washing with lime to give an even shade : New or Old work (two or more coats) including scaffolding up to all height etc. Sq mtr. 800
iii)
Wiring for light point / fan point/exhaust
fan point / call bell point with 1.5 sq.mm
FRLS PVC insulated copper conductor
single core cable in surface / recessed
Medium class steel conduit with
Modular type switch, Modular Plate,
suitable size GI box and earthling the
point with 1.5 sq.mm FRLS PVC
insulated copper conductor single core
cable etc as required . Each 20
iv) 6way double Door Each
2
v) DP MCB Each 2
vi) SP MCB Each 6
vii) Single Pole Blanking Plate Each 9
viii)
Supply installation & Testing of
Bulkhead Light for Shaft. Each
18
ix)
Rebate/Salvage of 3 nos old lift
equipment i/c dismantling the existing
old lift Nos
3
3 Sub Head III (Comprehensive maintenance )
Comprehensive maintenance of lift as detailed item no.1.1 which includes routine, preventive and break down maintenance for period of 5 years including repair / replacement of wornout items with minimum down time and warranty and Guarantee of repaired / replaced items after completion of 1 year guarantee period (Three Lift) Job 3.0
i) a) 1st Year
Under
Warranty
ii) b) 2nd Year 12 Month 3 Nos.
iii) c) 3rd Year 12 Month 3 Nos.
iv) d) 4th Year 12 Month 3 Nos.
v) e) 5th Year 12 Month 3 Nos.
Total
Note: 1. If any cells (Rates) left blank, then the same will be treated as “Zero”.
2. The Rates quoted by bidders shall be inclusive of all Taxes and all others overheads.
3. Payment to be made as per actual measurement at site.
101
I / We hereby agree to execute the work on the above mentioned rates and term condition, total
amounting to Rs _____________________________ for the entire work and on the enclosed terms
and conditions of contract of the Organization.
Signature of the contractor with seal
Address___________________________
__________________________________
__________________________________
Mobile No ____________________
Opened by us on____________________ Tender Stands total amounting to Rs_________________for the entire work
AC & RD
![Technical Bid M-456 - Gujarat Urja Vikas Nigam Office/Kutch Lignite Power... · TENDER NOTICE : KLTPS –63/2012-13 M – 456 C.F.No: 9231 [SWYD] TENDER BOOKLET TECHNICAL BID Name](https://static.documents.pub/doc/80x56/5aa6dfb17f8b9a6d5a8b916d/technical-bid-m-456-gujarat-urja-vikas-officekutch-lignite-powertender-notice.jpg)
