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NOTICE INVITING TENDER
M/s____________________________
____________________________
1.1 Sealed item rate tenders in the prescribed form are hereby invited by the undersigned for the work as detailed below:
(i) Name of Work : Renovation of Meeting Rooms - Annexe,
India International Centre 40, Max Muller Marg, Lodhi Estate, New Delhi.
(ii) Earnest Money Deposit : Rs.50,000/- to be deposited
along with the tender bid in form of Demand Draft in favour of Secretary India International Centre.
(iii) Owner : M/s. India International Centre, 40 Lodhi
Estate, Max Mueller Marg, New Delhi
(iv) Issue of Tender : From ________ To ________________
(v) Receipt of tender documents : On or before 17/07/2023 upto 1500 Hrs.
(vi) Completion Period : 90 DAYS
(vii) Address for Issue of Tender : M/s India International Centre
40, Max Muller Marg
Lodhi Estate
New Delhi 110003
(viii) Address for submission of : HEAD MAINTENANCE DEPARTMENT
Tender India International Centre, 40, Lodhi Estate, Max Mueller Marg, New Delhi 110003
Sealed Tenders will be deposited in the Tender Box kept at ADM. OFFICE
(ix) Refund of EMD : EMD of unsuccessful bidder will be
returned within 15 days from the opening of the bid & EMD in respect of successful bidder will be retained till the completion of the job.
1.2 PRINTED FORMS OF TENDERS consisting of the complete specifications, the schedule of quantities of work to be done and set of ‘Conditions of Contract’ can be download from the IIC website.
1.3 The site for the work is available.
1.4 The acceptance of tender, will rest with M/s IIC who does not bind itself to accept the lowest tender, and reserves to itself the right and authority to reject any or all the tender received without assigning any reason thereof. All tenders in which any of the prescribed conditions are not fulfilled or are incomplete in any respect are liable to be rejected.
1.5 Canvassing in connection with tenders is strictly prohibited and the tenders submitted by the contractors who resort to canvassing will be liable to rejection.
1.6 On acceptance of the tender, the name of the accredited representatives of the contractor who would be responsible for taking instructions from the Engineer-in-charge shall be communicated to the Engineer-in-charge within 10 days after the date of written order to commence work.
1.7 Sales Tax, Turnover tax, Vat or any other tax on materials, if any, in respect of this contract shall be payable by the contractor and IIC, will not entertain any claim whatsoever in this respect. In the event of non-payment/defaulting in payment of any octroi, royalty, cess, sales tax, custom excise or any other levy/tax including labour dues and C.P.F. etc. by the contractor, IIC, reserves the right to withhold the dues / payment and make payments to the Local /State /Central Govt. Authorities or to labourers as may be applicable and same shall be adjusted from the amounts due to contractor.
1.8 VALIDITY OF OFFER
The tender for the work shall remain open for acceptance for a period of Ninety days from the date of opening of tenders. If any tenderer withdraws his tender before the said period or makes any modifications in the terms and conditions of the tender which are not acceptable to Employer then Employer shall without prejudice to any other right or remedy, be at liberty to forfeit the said earnest money absolutely.
1.9 If it is found that the tender is not submitted in proper manner or contain too many corrections or absurd rates of amounts, it would be open for IIC, to take suitable action against the Contractor.
2.0 The Contractor shall comply with the provisions of the Apprentices Act, 1961, and the rules and order issued there from time to time. If he fails to do so, his failure will be a breach of the contract and the IIC, may in his discretion cancel the contract. The contractor shall also be liable for any pecuniary liability arising on account of any violation by him of the provisions of the Act.
2.1 Unsealed and incomplete tenders will be summarily rejected.
2.2 Before tendering, the Contractor shall inspect the site to fully acquaint himself about the condition in regard to accessibility of site, nature and extent of grounds working conditions including space for stacking of materials, installations of T&P etc. conditions affecting accommodations and movements of labour etc. required for the satisfactory execution of the contract. No claim whatsoever on such account shall be entertained by IIC, in any circumstances.
2.3 The Contractor should read the specifications and study the tender drawings carefully before submitting the tenders.
2.4 The Contractor’s responsibility for the contract shall commence from the date of issue of orders of acceptance of tender.
2.5 The Contractor should verify all plans, elevations and sections shown in the drawing and in case of doubt about required particulars which may in any way influence his tender, same may be got clarified from the issuing authority of tender before submitting the tender. No allowance whatsoever will be made beyond the contract for any alleged ignorance thereof.
2.6 The site for execution of the work will be made available, as soon as the work is awarded.
2.7 The tender documents has the specific terms and conditions on which tenders are required. Hence, all tender should be in strict conformity with the tender documents and should be filled in where ever necessary and initialed. Incomplete tenders are liable to be rejected. The terms and conditions of the tender documents are firm as such conditional tenders are liable to be rejected.
2.8 RATES:
2.8.1 The Contractor s should quote in figures as well as in words the rate, and amount tendered by them. The amount for each item should be worked out and the requisite totals given.
2.8.2 Special care should be taken to write the rates in figures as well as in words and the amounts 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 figures of rupees and word Ps. After the decimal figures, e.g. Rs. 2.15 Ps 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 words ‘only’, it should invariably be upto two decimal places. While quoting the rare in schedule of quantities, the word ‘only’ should be written closely following the amount and it should not be written in the next line.
2.8.3 Rates quoted by the Contractor in 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. If on check there are differences between the rates quoted by the Contractor in words and in figures or on the amount worked out by him, the following procedure shall be followed:
2.8.4 When there is difference between the rates in figures and in words, the rates which correspond with the amount worked out by the Contractor shall be taken as correct.
2.8.5 When the amount of an item is not worked out by the Contractor or it does not correspond with the rate written either in figures or in words then the rate quoted by the Contractor in words shall be taken as correct.
2.8.6 When the rates quoted by the Contractor in figures and in words tally but the amount is not worked out correctly, the rate quoted by the Contractor will be taken as correct and not the amount.
2.8.7 The rates quoted by the Contractor shall cover the cost of all loading, transporting to site, unloading, storing under covers as required, assembling or joining the several parts together s necessary and incorporating or fixing materials in the work including all preparatory work or whatsoever description as may be required and of closing, preparing, loading, returning empty case of containers to the place of issue.
2.8.8 The Contractor is bound by the rates he quotes for the various items irrespective of quantities mentioned in the tender. No extra amount will be paid due to variation, alteration, omissions, modifications of the quantities put to tender, unless it has been specifically agreed by Owner/Architect.
PURCHASE OFFICER
For India International Centre
40, Lodhi Estate,
Max Mueller Marg,
New Delhi
PH: 011 -2460 9426
CONTRACTOR’S SIGNATURE
3. GENERAL INSTRUCTIONS TO TENDERERS
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- Tender shall be signed by the legally authorized representative of the tenderer with Tender’s full name, designation, and his complete address shall be given. Tender is to be submitted in a sealed cover superscribed “TENDER FOR THE ABOVE NOTED WORK”. All pages of the document shall be signed and stamped by signatory of the tender.
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- The tender form shall be filled in all entries made by hand and written in ink. Any tender in Which there is overwriting or erasure is liable to be rejected. All corrections should be attested by the tenderer with his dated initials as many times as the corrections occur.
3.3 Tenderer shall quoted for all item of work and in case Tenderer does not quote for any
items, it will be presumed that the cost of said item is already included in other items and the Contractor shall execute the item without any extra cost to owner.
3.4 No addition/alteration made by the tenderer in the Notice Inviting Tender, Instructions to the Tenderer, the Tender Form, the Conditions of Contract, the Drawings, Specifications or Quantities accompanying the same shall be recognized, and if any such additions/alterations are made or any special conditions are attached, the tender of the tenderer shall be liable to be rejected.
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- After acceptance of the tender the tenderer shall sign the necessary agreement within fifteen days of intimation. In case of delay, the earnest money may be forfeited and the tender cancelled or the contract enforced as per terms of the invitation of tender and the tenderer shall thus be bound even though the formal agreement has not been executed and signed within the time stipulated by the tender documents.
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- The successful tenderer shall submit a detailed progress network based on C.P.M. techniques, identifying the activities involved and working out the resource scheduling for main items, within ten days of intimation of acceptance of tenders, which with modifications if any, by the Employer, shall form part of the agreement and shall be strictly adhered to for final and satisfactory completion of entire work within timeframe.
- TENDER FORM
TO
The Head Maintenance department
M/s. India International Centre
40, Lodhi Estate,
Max Mueller Marg,
New Delhi
Dear Sir,
I/We do hereby tender to the execution of the work specified in the under-written memorandum within the time specified at the rates therein and in accordance, in all respects with the specifications, drawings, designs and instructions supplied by you, which I/We have read very carefully.
MEMORANDUM:
a) Name of Work : Renovation of Meeting Rooms - Annexe
India International Centre,
40, Max Muller Marg,
Lodhi Estate, New Delhi - 110003
I/We hereby distinctly and expressly declare and acknowledge before the submission of my /our tender, I/We have carefully followed the conditions, instructions and read the specifications and schedule of quantities, examined and drawings and clearly understood all the conditions of contract. I/We have also seen the location where the said work is to be done and made such investigations of the work required to enable me /us to complete the work successfully.
Should this tender be accepted in whole or in part, I/We hereby agree to abide by and fulfill all the terms and conditions annexed hereto.
I/We agree to keep the offer open for ninety days from the date of opening of tender.
Yours faithfully,
Date: ______________ Seal and Signature of the Contractor
Tender/Contract for the Renovation of Meeting Rooms in the Annexe
1.1 The words and expressions shall have the following meanings assigned to them, except where the context requires otherwise:
“Agreement” means this Agreement and Annexure attached hereto;
“Specification” means the documents contained in Annexure including Client’s requirement in respect of design to be carried out and variations to such documents;
“Commencement Date” means the date the Site is handed over to the Contractor;
“Effective Date” means the date of signature of this Agreement
“Time of Completion” means the time for completing the Works as stated in Clause 4.2 calculated from the Commencement Date
“Contractor’s Equipment” means all apparatus, machinery, vehicles, facilities and other things required for the execution of the Works but does not include Materials;
“Materials” means things of all kinds intended to form or forming part of the permanent work;
“Plant” means the machinery and apparatus intended to form or forming part of the permanent work;
“Site” means the place provided by the Client where the Works are to be executed and any other places provided by the Client as forming part of the Site;
“Variation” means a change to the Specifications and/or Drawings (if any) which is instructed by the Client under Clause 18;
“Works” means all the work and design (in any) to be performed by the Contractor including temporary work and any Variation.
Contractor hereby covenants with the Client to execute and complete the said Work as per the drawings attached, inclusive of remedying of any defects therein to the satisfaction of the Site Inspector appointed by the Client. HVAC works shall include design of ducting, air distribution etc. Services for Lighting controls, Audio Video equipment, CCTV, Fire will include coordination with the OEM wherever applicable
Scope of the work is based on the drawing information; therefore drawing is given the priority at all times, but a summary is provide in Annexures I & II
3.1 In consideration of the payments referred to the scope of work referred in Clause 2 of the Agreement, the Contractor covenants with the Client to execute and complete the said Work inclusive of remedying of any defects therein to the satisfaction of the Site Inspector for the agreed price.
3.2 The price stipulated in Clause 3.1 shall be payable as follows:
i) 15% as an advance payment upon mobilizing to the site.
ii) The remaining in progressive payments upon completion of agreed tasks on progress basis.
iii) Advance payment shall be made against BG or PDC of same amount.
iv) If the amount is more than INR5,00,000/- Performance Guarantee is required.
4.1 The Contractor shall commence the said Work no later than 15 days after signing this tender/contract. \
4.2 The Contractor shall complete the works within 3 months from the commencement date.
4.3 If the contractor cannot achieve the milestones in section 4.1and 4.2 then the contract can be terminated and the contractor will only be paid what has been completed and handed over by the day of termination.
5.1 The Client shall provide the Site and the right of access thereto.
5.2 The Client shall, if required by the Contractor, assist him in applying for permits, licenses and approvals which are required for the Works.
5.3 The client has to set the bench mark.
5.4 The Client shall notify in writing to the Contractor the name of the Site Inspector whose responsibilities and authority is stipulated in this Agreement. Client shall provide electricity, water and storage. All waste/malba/debris shall be disposed off to NDMC approved/designated places only.
6.1 The Contractor shall carry out the Works properly in accordance with the Agreement. The Contactor shall provide all supervision, Labour, Plant and Contractor’s Equipment which may be required.
6.2 The Contractor shall accept all instructions given to him by the client and shall make all possible efforts to ensure the buildings are fully completed on time and for each milestone.
6.3 The Contractor shall use materials in accordance to the specifications as stated in the scope.
6.4 The Contractor shall execute the design to the extent specified as referred to on the drawings and specifications.
6.5 The Contractor shall be responsible for keeping unauthorised persons off the Site and authorised persons shall be limited to the Contractor’s personnel and the client’s personnel, and any other personnel notified to the Contractor by the Client.
6.6 The Contractor shall at all times take all reasonable precautions to maintain the health and safety of the Contractor’s Personnel. The contractor shall prepare and submit a completion report. The contractor shall submit Operation Manuals wherever applicable.
The Contractor shall not have the right to assign or sub-contract the benefit and obligations of this Agreement or any party thereof. The Contractor may, with the written prior consent of the Client, sub-assign or sub-contract any part of his duties hereunder to a specialized person, firm or Client on terms to be approved in writing by the Client provided that the Contractor shall remain liable for the performance and any liabilities arising from and out of such assignment or sub-contracting of benefit and obligations. Further, the Contractor shall be responsible for all payments to his contractors and their employees.
8. Site Inspector
8.2 The Contractor shall comply with any rules, regulations, directives, guidelines, instruction and procedures which Statues, Local Authorities or Client may from time to time impose for the purpose of carrying out the Work.
The Contractor shall take full responsibility for the care of the Works from the Commencement Date until the date of handing over, responsibility shall then pass to the Client. If any loss or damage happens to the Works during the above period, the Contractor shall rectify such loss or damage so that the Works conform to the Agreement.
10.1 The Contractor shall indemnify and keep indemnified the Client against all losses and claims in respect of death or injury to any person including any third party and/or loss of or damage to any property, including third party property which may arise out of or in consequence of the of the execution and completion of the said Work and the remedying of any defects therein, and against all claims, proceedings, damages, costs, chargers and expenses whatsoever in respect thereof on in relation thereto.
10.2 The Contractor shall take all necessary and required precautions to avoid any kind of damage to the surrounding immovable and movable properties and personnel and the Contractor shall indemnify and the Client of any such claims and undertake to make good all work disturbed to the entire satisfaction of the Client and or any third party.
11.1 The Client shall not be liable for or in respect of any damages and or compensation payable to any workman or other person in the employment of the Contractor or any subcontractor. The Contractor shall indemnify and keep indemnified the Client against all such damages and compensation, and against all claims, proceedings, damages, costs, chargers and expenses whatsoever in respect or in relation thereto.
11.2 The Contractor shall indemnify the Client for any negligence and or fraud and or any act or omission on the part of the employees, agents and so sub-contractors of the Contractor.
12.1 The Contractor shall at its own cost, remove all waste materials, debris and rubbish generally at the earliest opportunity and shall at all times maintain the Work and surrounding in a neat and tidy conditions as directed by the Site Inspector.
12.2 Upon completion of any part or section of the said Work, the Contractor shall clear and remove from such part of the Site all equipment, surplus material, rubbish and temporary works of every kind, and leave such part of the site and the said Work clear and in workman like condition to the satisfaction of the Site Inspector.
13.1 The Contractor shall employ in addition to skilled and unskilled labour, civil engineer or Site Supervisor for the execution of the said Work and the Contractor shall supervise and ensure that their performance and workmanship conform to the provisions of this Agreement and good engineering practice.
13.2 The Contractor shall provide at all times the necessary management and supervision during the execution of the said Work through technically competent personnel.
14.1 The Client may within 5 days after handing over of the work by the Contractor, notify the Contractor of any defects or outstanding work. The Contractor shall remedy at no cost to the Client any defects due to the Contractors design, Materials, Plant, or workmanship not being in accordance with the Agreement.
14.2 The cost of remedying defects attributed to any other cause shall be valued as a Variation. Failure to remedy any defects or complete outstanding work within a reasonable time of the Client’s notice shall entitle the Client to carry out all necessary work at the Contractor’s cost.
If the Contractor fails to complete the Work and hand over the same to the Client within the Time of Completion, save where the delay is caused by force majeure or any other reason duly accepted by the Client in accordance to terms hereto, then the Contractor shall pay to the Client at the rate of 0.1% [Point one percent] of the contractual amount per each day of delay.
16.1 The Contractor shall notify the Client when he considers the Works are complete.
16.2 The Client shall take over the Works upon the issuance of the notification thereto. The Contractor shall promptly complete any outstanding work and clear the Site.
17.1 The Client may instruct Variations. Variations instructed as such shall be valued at a sum price agreed between the Parties.
17.2 A Party shall notify the other as soon as either party is aware of any circumstances which may delay or disrupt the Works, or which may give rise to a claim for additional payment. The Contractor shall take all reasonable steps to minimize these effects.
17.3 The Contractor’s entitlement for extension of the Time for Completion or additional payment shall be limited to the time and payment which would have been due if he had given prompt notice and had to take all reasonable steps.
17.4 The Contractor shall submit to the Client an itemized make-up of the value Variations and claims within 7 [seven] days of the instruction or if the even giving rise to the claim. The Client shall check and consent to the value in writing. In the absence of such agreement, the Client shall determine the value.
18.1 Without prejudice to any other rights either Party may possess under this Agreement, either party shall be entitled to terminate this Agreement by serving a notice of not less than 15 [Fifteen] days on the other party if the defaulting party persistently or deliberately fails to remedy any default on its part without any justifiable excuse therefore within 5 [Five] days of having being requested to remedy the same.
18.2 The client have the right to terminate the contract if the contractor does not meet the miles stones in this contract or if the contractor does no commence the works as per this contract, by notifying the contractor in writing within 15 days of the breaching of a mile stone.
19.1 A Party shall be excused from performing his obligations under this Agreement if his performance is restricted or prevented by a natural cause beyond his control, which shall be limited to Acts of God, storm, tempest, flood, war, insurrection and civil commotion. Performances shall be excused only to the extent of and during the reasonable continuance of such disability.
19.2 Subject to the Party so delaying promptly notifying to the other Party in writing of the reasons for the delay (and the likely duration of the delay), the performance of such Party’s obligations shall be suspended during the period that the said circumstances persist and such Party shall be granted an extension of time for performance equal to the period of the delay.
The failure by any Party to exercise or enforce in any instance any of the terms or conditions of this Agreement, or to insist upon strict performance by the other Party Of any of the provisions of this Agreement, shall not constitute or be deemed a waiver of that Party’s rights under this Agreement.
Both Parties hereto agrees that it shall comply with all applicable laws, rules and regulations in the performance of its obligations or receipt of services under this Agreement, including the procurement of permits and certificates where required.
This Agreement shall be governed by and construed in accordance with the laws of the Republic of India.
Any dispute which may arise between the Parties concerning this Agreement which cannot be amicably settled shall be determined by Indian Courts and shall be subject to exclusive jurisdiction of the Indian Courts.
24.1 This Agreement and Annexure attached hereto constitutes the entire understanding between the Parties relating to the subject matter herein contemplated and merges all prior discussions and writings between them.
24.2 This Agreement shall be executed simultaneously in two original copies, each of which when executed and delivered shall constitute an original, but all copies shall together constitute but one and the same instrument.
Any amendments to this Agreement shall be made in writing and executed by both Parties to this Agreement.
All notices, requests, demands or other communications to or upon the respective Parties to this Agreement shall be in English or in Hindi and shall be deemed to have been duly given or made when delivered personally or by registered letter or by facsimile to the other Party at the addresses set out below or at such other address as the Party concerned may hereafter specify to the other in writing or, in the case of facsimile, to the published number of the addressee:-
Each Party represents and warrants to the other Party that each has the legal and financial capacity to enter into and perform this Agreement and all the transactions and undertakings contemplated herein. The defects liability period is 365 days from Handover.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
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