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Tender Document for Construction of additional storage area at DDWH Ernakulam Page 1 KERALA MEDICAL SERVICES CORPORATION LIMITED KERALA MEDICAL SERVICES CORPORATION LIMITED KERALA MEDICAL SERVICES CORPORATION LIMITED KERALA MEDICAL SERVICES CORPORATION LIMITED (Dept. of Health & Family Welfare, Govt. of Kerala) Thycaud P.O, Thiruvananthapuram, Thycaud P.O, Thiruvananthapuram, Thycaud P.O, Thiruvananthapuram, Thycaud P.O, Thiruvananthapuram, Kerala Kerala Kerala Kerala - 695 014 695 014 695 014 695 014 TENDER DOCUMENT For CONSTRUCTION OF ADDITIONAL STORAGE AREA AT DDWH, ERNAKULAM. (TENDER NO: KMSCL/Projects/T/2012/025) Name of Tenderer : Address : Signature of Tenderer : Last date and time for the receipt of Tender: UP TO 2.00 pm on11.07.2012 Date of opening of tender: 2.30 pm on11.07.2012 NOT TRANSFERABLE For details; www.kmscl.kerala.gov.in e-mail: [email protected] Rs.3,130/-

KERALA MEDICAL SERVICES CORPORATION LIMITED ·  · 2012-07-01KERALA MEDICAL SERVICES CORPORATION LIMITED KERALA MEDICAL SERVICES CORPORATION LIMITED ... Govt. of Kerala) Thycaud

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Page 1: KERALA MEDICAL SERVICES CORPORATION LIMITED ·  · 2012-07-01KERALA MEDICAL SERVICES CORPORATION LIMITED KERALA MEDICAL SERVICES CORPORATION LIMITED ... Govt. of Kerala) Thycaud

Tender Document for Construction of additional storage area at DDWH Ernakulam

Page 1

KERALA MEDICAL SERVICES CORPORATION LIMITED KERALA MEDICAL SERVICES CORPORATION LIMITED KERALA MEDICAL SERVICES CORPORATION LIMITED KERALA MEDICAL SERVICES CORPORATION LIMITED (Dept. of Health & Family Welfare, Govt. of Kerala)

Thycaud P.O, Thiruvananthapuram,Thycaud P.O, Thiruvananthapuram,Thycaud P.O, Thiruvananthapuram,Thycaud P.O, Thiruvananthapuram,

Kerala Kerala Kerala Kerala ---- 695 014695 014695 014695 014

TENDER DOCUMENT

For

CONSTRUCTION OF ADDITIONAL STORAGE AREA AT DDWH,

ERNAKULAM.

(TENDER NO: KMSCL/Projects/T/2012/025)

Name of Tenderer :

Address :

Signature of Tenderer :

Last date and time for the receipt of Tender: UP TO 2.00 pm on11.07.2012

Date of opening of tender: 2.30 pm on11.07.2012

NOT TRANSFERABLE

For details;

www.kmscl.kerala.gov.in e-mail: [email protected]

Rs.3,130/-

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INDEX

Sl. NO. DESCRIPTION PAGE NO.

1. SECTION SECTION SECTION SECTION –––– IIII INTRODUCTIONINTRODUCTIONINTRODUCTIONINTRODUCTION 3333

2. SECTION SECTION SECTION SECTION –––– IIIIIIII NOTICE INVITING TENDERNOTICE INVITING TENDERNOTICE INVITING TENDERNOTICE INVITING TENDER 4444

3. SECTION SECTION SECTION SECTION –––– IIIIIIIIIIII INSTRUCTIONS TO TENDERERSINSTRUCTIONS TO TENDERERSINSTRUCTIONS TO TENDERERSINSTRUCTIONS TO TENDERERS 6666

4. SECTION SECTION SECTION SECTION –––– IVIVIVIV GENERAL CONDITIONS OF CONTRACTGENERAL CONDITIONS OF CONTRACTGENERAL CONDITIONS OF CONTRACTGENERAL CONDITIONS OF CONTRACT 17171717

5.5.5.5. SECTIONSECTIONSECTIONSECTION----VVVV MINIMUM ELIGIBILTY CRITERIA OF TENDERMINIMUM ELIGIBILTY CRITERIA OF TENDERMINIMUM ELIGIBILTY CRITERIA OF TENDERMINIMUM ELIGIBILTY CRITERIA OF TENDERERERERERSSSS 44441111

6.6.6.6. SECTIONSECTIONSECTIONSECTION----V1V1V1V1 SPECIAL CONDITIONS OF CONTRACTSPECIAL CONDITIONS OF CONTRACTSPECIAL CONDITIONS OF CONTRACTSPECIAL CONDITIONS OF CONTRACT 44442222

7. SECTION SECTION SECTION SECTION –––– VIIVIIVIIVII

TECHNICAL SPTECHNICAL SPTECHNICAL SPTECHNICAL SPEEEECIFICATIONCIFICATIONCIFICATIONCIFICATION----Civil&ElectricalCivil&ElectricalCivil&ElectricalCivil&Electrical 44445555

8.8.8.8. ANNEXURE ANNEXURE ANNEXURE ANNEXURE –––– IIII DECLARATIONDECLARATIONDECLARATIONDECLARATION BYBYBYBY TENDERERTENDERERTENDERERTENDERER 55558888

9. ANNEXURE ANNEXURE ANNEXURE ANNEXURE –––– IIIIIIII AGREEMENTAGREEMENTAGREEMENTAGREEMENT 59595959

10. ANNEXURE ANNEXURE ANNEXURE ANNEXURE –––– IIIIIIIIIIII BANK GUARANTEE FORMATBANK GUARANTEE FORMATBANK GUARANTEE FORMATBANK GUARANTEE FORMAT 66662222

11. ANNEXURE ANNEXURE ANNEXURE ANNEXURE –––– IVIVIVIV CHECK LISTCHECK LISTCHECK LISTCHECK LIST 66664444

12. ANNEXURE ANNEXURE ANNEXURE ANNEXURE –––– VVVV GENERAL INFORMATION ABOUT THE GENERAL INFORMATION ABOUT THE GENERAL INFORMATION ABOUT THE GENERAL INFORMATION ABOUT THE

TENDERERTENDERERTENDERERTENDERER 66665555

13. ANNEXURE ANNEXURE ANNEXURE ANNEXURE –––– VIVIVIVI PROFORMA FOR PRE QUALIFICATION OF PROFORMA FOR PRE QUALIFICATION OF PROFORMA FOR PRE QUALIFICATION OF PROFORMA FOR PRE QUALIFICATION OF

CONTRACTORCONTRACTORCONTRACTORCONTRACTOR 66667777

14. ANNEXURE ANNEXURE ANNEXURE ANNEXURE –––– VIIVIIVIIVII POWER OF ATTORNEY POWER OF ATTORNEY POWER OF ATTORNEY POWER OF ATTORNEY 66668888

15.15.15.15. ANNEXURE ANNEXURE ANNEXURE ANNEXURE –––– VIIIVIIIVIIIVIII SSSSCCCCHEDUHEDUHEDUHEDULE OF QUANTITYLE OF QUANTITYLE OF QUANTITYLE OF QUANTITY 69696969

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SECTION ISECTION ISECTION ISECTION I

INTRODUCTIONINTRODUCTIONINTRODUCTIONINTRODUCTION

1. The Kerala Medical Services Corporation Limited The Kerala Medical Services Corporation Limited The Kerala Medical Services Corporation Limited The Kerala Medical Services Corporation Limited ---- KMSCLKMSCLKMSCLKMSCL (Tender

Inviting Authority) is a fully owned Government of Kerala company set up in

2007 for providing services to the various health care institutions under the

Department of Family Welfare and Health. One of the key objectives of the

KMSCL is to act as the central procurement agency for all essential drugs and

equipments for all health care institutions (hereinafter referred to as user

institutions) under the department.

2. The scope of work is to construct a storage area near DDWH,District

hospital,Ernakulam.Demolishing the existing ruined building near DDWH,then

clearing and leveling the site for constructing the new building.This includes

Civil works,electrification and net working.

3. Every paise spend by the corporation is public money and hence

accountable. Therefore, each and every contractor guarantee to all the works

under this tenderand the performance of the works by the Corporation have to

be given paramount importance.

Looking forward for a long standing relation with you.

Best wishes,

Sd/Sd/Sd/Sd/----

BijuPrabhakar IASBijuPrabhakar IASBijuPrabhakar IASBijuPrabhakar IAS Date:25 /06/2012. Managing Director, KMSCLManaging Director, KMSCLManaging Director, KMSCLManaging Director, KMSCL

& Tender & Tender & Tender & Tender Inviting AuthorityInviting AuthorityInviting AuthorityInviting Authority

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SECTION IISECTION IISECTION IISECTION II

NOTICE INVITING TENDERNOTICE INVITING TENDERNOTICE INVITING TENDERNOTICE INVITING TENDER

TTTTender Noender Noender Noender No:KMSCL/Projects/T/2012/025) Sealed Tenders (under Single bid system)are invited of the following work. Name of work - CONSTRUCTION OF ADDITIONAL CONSTRUCTION OF ADDITIONAL CONSTRUCTION OF ADDITIONAL CONSTRUCTION OF ADDITIONAL

STORAGE AREA AT STORAGE AREA AT STORAGE AREA AT STORAGE AREA AT DDWHDDWHDDWHDDWH,ERNAKULAM,ERNAKULAM,ERNAKULAM,ERNAKULAM

Probable amount of contract - Rs: Rs: Rs: Rs: 19,87,64319,87,64319,87,64319,87,643 ////----((((NineteenNineteenNineteenNineteen Lakhs Lakhs Lakhs Lakhs

Eighty SevenEighty SevenEighty SevenEighty Seven Thousand Thousand Thousand Thousand Six Hundred Six Hundred Six Hundred Six Hundred and and and and FoFoFoFouuuurty Three only)rty Three only)rty Three only)rty Three only)

Period of completion - Six monthsSix monthsSix monthsSix months Earnest Money Deposit - RRRRssss::::49494949,,,,777700000000 ////----((((FortyFortyFortyForty Nine Nine Nine Nine

ThousandThousandThousandThousand and Seven Hundred and Seven Hundred and Seven Hundred and Seven Hundred Only)Only)Only)Only)

Tender Fee - Rs.Rs.Rs.Rs.3,13,13,13,133330000////----((((ThreeThreeThreeThree ThousandThousandThousandThousand OneOneOneOne Hundred and Hundred and Hundred and Hundred and Thirty Thirty Thirty Thirty Only, Only, Only, Only, inclusiveinclusiveinclusiveinclusive of 5% VAT)of 5% VAT)of 5% VAT)of 5% VAT) Date of Sale of Tender documents ---- from from from from 10.00 am on10.00 am on10.00 am on10.00 am on 30303030....00006666.2012.2012.2012.2012 Last date of submission of Tender - Upto Upto Upto Upto 2222.00 .00 .00 .00 ppppm onm onm onm on11111111....00007777.2012.2012.2012.2012 Date of opening of Techno- Commercial Bid - atatatat 2222.30 .30 .30 .30 ppppm m m m onononon11111111....00007.7.7.7.2012201220122012 Firm period of the Tender - 120 days120 days120 days120 days

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Sale of Tender Documents Sale of Tender Documents Sale of Tender Documents Sale of Tender Documents Sealed percentage rate tenders are invited by KMSCL from eligible Contractors possessing registration in CPWD, State PWDS, Government Undertakings for executing this work.Registered contractor/firm.A certified copy of the Contractor’s License shall be enclosed with the Tender. Partnership firms shall furnish full names of all partners in the tender. It may, however, be signed in the partnership name by one of the partners or by a duly authorized representative, followed by the name and designation of the persons signing. Tender documents can be had from the office of the under signed during office hours on payment towards tender fee as cash or DD in favour of The Managing Director Kerala Medical Services Corporation Ltd. at any Nationalized/Scheduled bank in Thiruvananthapuram.

Tender Documents can also be down loaded from our website www.kmscl.kerala.gov.in.Those who download it shall remit the tender fee as cash or DD and the cash receipt/DD shall be enclosed with the tender document.... Sd/-

BijuPrabhakar IASBijuPrabhakar IASBijuPrabhakar IASBijuPrabhakar IAS Date: 25/06/2012. Managing Director, KMSCL

& Tender Inviting Authority

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SECTION IIISECTION IIISECTION IIISECTION III

INSTRUCTIONS TO TENDERERS INSTRUCTIONS TO TENDERERS INSTRUCTIONS TO TENDERERS INSTRUCTIONS TO TENDERERS 1a. Tenderers are strongly advised to go through all the documents in connection

with this contract very carefully. The tender documents can be obtained from the office of: Kerala Medical Services Corporation Ltd, Thycadu P.O,Thiruvananthapuram-14 on cash payment of Rs.31Rs.31Rs.31Rs.3133330/0/0/0/---- including taxes (non-refundable).

1b. Sealed percentage rate Tenders (pre-qualification cum Techno-commercial bid and priced bid) superscribed with the tender number and the opening date should be deposited in the office of the Kerala Medical Services Corporation Ltd, Thycadu P.O,Thiruvananthapuram-14 before 2.30 pm on 11/7/12.

Any tender received after the due time will be rejected.

Procedure for submission and opening of tenders.

Tenderer shall submit their offer in one envelope. Envelope to be addressed and superscribed “Prequalification cum techno-commercial bid”, and containing the pre-qualification documents with the name of work and address of the tenderer in the prescribed form along with supporting documents duly filled in and signed on all pages and the details asked for, for pre-qualification and the Main Tender Document, which is the techno-commercial bid..

The E.M.D. has also to be kept in the same cover. Letter accompanying the tender with any technical details other than those

stipulated in the tender has also to be kept in this cover. The contractor has to study the tender and any technical improvement they

feel to be incorporated may be specified by the contractor along with the techno-commercial bid. Financial implications of conditions if any the contractor has included in the prequalification bid may be loaded with the price quoted for comparison of bids. The decision of the KMSCL will be final and binding on the contractor in this respect.

Bidders shall also enclose the following documents in cover.

i. Contractor’s proposed site organization chart. “PRICE BID” containing the Schedule of items and rates and price bid duly

filled in, in the manner specified in tender schedule duly signed on all pages.

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Envelope duly sealed and indicating Tender number, the name and address of the tenderer and to be addressed and super scribed “Offer for the tender for

construction of additional storage area near DDWH, at Ernakulam.’’ The tenders should be prepared and submitted as per the tender formats only prescribed in the tender document and should be addressed to:

The Managing Director The Managing Director The Managing Director The Managing Director Kerala Medical Services Corporation Ltd Thycaud.P.O. Thiruvananthapuram -695 014 Kerala State. Phone Fax: 0471-3045600/2337353/3045646 Email: [email protected]

1c. Tender will be opened in the presence of contractors or their authorised representatives who are present at the office of KMSCL at 2.30 pm on 11/7/12. The bids of those contractors who have submitted EMD will be considered for further evaluation.. These contractors shall have to submit if requested by KMSCL, additional details/clarifications on technical/commercial matters, in order to bring all bids to the same technically and commercially acceptable level.. The priced bids of those contractors who meet the minimum pre-qualification criteria shall be opened at the office of the Managing Director, KMSCL, Thycaud Po., Trivandrum on a date to be notified later to the eligible tenderers.

1d. After the public opening of the tenders, the information relating to the

examination, clarification, evaluation and comparison of tenders and recommendations concerning the award of contract shall not be disclosed to the tenderers and other persons not officially concerned with such process.

1e. There will not be any individual communication in respect of general notices,

amendments, etc. The prospective offers are advised to check for updates in

our website www.kmscl.kerala.gov.inwww.kmscl.kerala.gov.inwww.kmscl.kerala.gov.inwww.kmscl.kerala.gov.inon a day to day basis. Individual

communications will only be issued in exceptional cases, at the discretion of

the Tender Inviting Authority. All notices/information will also be

disseminated through the Tender Inviting Authority’s website and it will be

binding on the tenderers. The prospective tenderers are advised to browse

the website of the Tender Inviting Authority on a day-today basis till the

tender is concluded.

1f. Prior to the expiry of the period of validity of the tender the KMSCL will notify the successful tenderer in writing by registered letter that his tender has been

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accepted. This letter (herein after referred as letter of acceptance) shall name the sum which KMSCL will pay to the contractor in consideration of the execution, completion, operation, maintenance and guarantee of the works by the contractor as specified by the contract (herein after called the contract price). This letter of acceptance will constitute the formation of a contract.

2 Tenders not properly filled, mutilated with incorrect calculations or generally

not complying with the conditions may be rejected. 3. For percentage rate contract only a single rate as an overall percentage above

or below or at the rate given in the schedule by a single entry at the bottom of the schedule under the head quoted rate, shall be made. The overall percentage rate accepted and specified in the agreement shall not be varied on any account whatever.

4. If the tender is made by an individual it shall be signed with his full name and his complete address shall be given. If it is made by partnership firm it shall be signed with the co-partnership name by a member of the firm who shall sign his own name and give the name and address of each partner of the firm and attach a copy of 'Power of Attorney' with the tender authorising him to sign on behalf of the other partners. A certified copy of the ‘Registered Partnership Deed’ shall also be submitted along with the tender. In case the tender is made by or on behalf of a company incorporated under the Companies Act, 1956, it shall be signed by the Managing Director or by one of the Directors duly authorised on this behalf and shall include a copy of the 'Power of Attorney' with the tender. A certified copy of the registered deed shall also be submitted along with the tender. The tender should be in a sealed cover.

5.5.5.5. EMD/SECURITY DEPOSIT/RETENTION MONEY EMD/SECURITY DEPOSIT/RETENTION MONEY EMD/SECURITY DEPOSIT/RETENTION MONEY EMD/SECURITY DEPOSIT/RETENTION MONEY

A. E.M.D

Earnest Money Deposit is 2.5% of Estimated value, subject to a Rs:Rs:Rs:Rs: 49,70049,70049,70049,700////----(Forty (Forty (Forty (Forty NineNineNineNineThousand Thousand Thousand Thousand and Seven Hundred and Seven Hundred and Seven Hundred and Seven Hundred Only) Only) Only) Only) in the form of crossed demand draft in favour. The Managing Director ,Kerala Medical Services Corporation Ltd. at any Nationalized bank in Thiruvananthapuram.

E.M.D of the unsuccessful tenderer will be refunded without any interest on finalization of contract with the successful tenderer or on the expiry of the validity period whichever is earlier.

E.M.D. may be forfeited.

i. If a bidder withdraws his bid during the period of validity specified.

ii. If the successful bidder fails within the time limit to sign the contract document or fails to furnish the required security deposit.

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iii. Cheque, Cash payment, Money Order, Fixed deposit etc will not be

accepted as EMD.

iv. Non- submission of sufficient EMD as mentioned shall be one of the

primary reasons for rejection of the bid.

v No interest will be paid for the EMD submitted....

B.B.B.B. SECURITY DEPOSIT:SECURITY DEPOSIT:SECURITY DEPOSIT:SECURITY DEPOSIT:

The successful tenderer will deposit an amount equal to 5% of the awarded contract value in the form of Bank guarantee from nationalised Bank and valid for the entire period of construction plus defect liability period of 12 months within Ten days of the award of the work.

E.M.D. will be refunded to the contractor after remittance of the security and execution of the agreement. The SECURITY DEPOSIT will be refunded to the contractor after the Defect Liability Period.

C. All the deposits of E.M.D, SECURITY DEPOSIT AND RETENTION MONEY will not bear any interest whatsoever.

D. Income-tax and Surcharge on Income Tax at the rate prevailing at the time of payment will be deducted from each running bill and final bill.

E. All statutory payments in connection with the employment of the Workmen & Employees State Insurance for this work will be borne by the Contractor at the prevailing rates.

F. Sales Tax on work (work contract tax) shall be deducted at the prevailing rates on the gross payment, for contractors having K.G.S.T registration. For those contractors without K.G.S.T registration the deduction for work contract tax shall be as per K.G.S.T rules.

The deduction towards statutory deductions shall be changed if the government revises the rate. Any tax omitted, to be deducted in any part bill shall be deducted in the subsequent bills/final bill.

G. The contractor is the employer of all the workers engaged for this work and should therefore take all required registrations and pay premiums

correctly to labour welfare funds/Employees State Insurance, PF, Cess Act1996. The contractor will be responsible for the payment of minimum wages and compliance under the various enactments regarding the workers deployed by him.

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Retention money

1) Retention money at the 10% of the value of work done for each running bill will be deducted as retention money up to 10% of contract value.

2) 5% of retention money will be released at the completion of work at the time of final settlement.

3) Balance 5% will be released at the completion defect liability period of 12 months from the date of handing over the project.

4) Incase,the contractor submit a bank guarantee for 5%retention amount, the same amount will be released.

6. PERIOD OF VALIDITYPERIOD OF VALIDITYPERIOD OF VALIDITYPERIOD OF VALIDITY

The tender shall remain valid for acceptance for a period of 120days from the date of submission of the tenders. If any tenderer withdraws his tender before the said period or makes any modifications in terms and conditions of the tender, then the “KMSCL” has the liberty to forfeit the said Earnest Money Deposit.

7. INSPEINSPEINSPEINSPECTION OF SITECTION OF SITECTION OF SITECTION OF SITE

Every tenderer is expected to inspect the site of the proposed work and acquaint himself with the site conditions approaches, availability of raw materials, geological and weather conditions etc. before quoting his rates. He must go through all the drawings, specifications and other tender documents. Any further clarifications in the drawings and documents can be had from the Consultants at the above mentioned address.

8. QUANTUM OF WORKQUANTUM OF WORKQUANTUM OF WORKQUANTUM OF WORK A schedule of approximate quantities for various items accompanies this tender. It shall be definitely understood that the "KMSCL” do not accept any responsibility for the correctness or completeness of this schedule in respect of items and quantities and this schedule is liable to alteration by deletions, deductions, or additions at the discretion of "KMSCL" without affecting the terms of the contract. The “KMSCL” reserves the right to increase or decrease the quantum of work at site without assigning any reason.

9. ALL INCLUSIVE RATESALL INCLUSIVE RATESALL INCLUSIVE RATESALL INCLUSIVE RATES

The contractor's rate must be firm and include the cost of transportation of material to the site, all taxes such as Sales Tax, Excise and Octroi etc. and

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the fixing or placing in position for which the item of work is intended to be operated. The rates quoted by the Contractor shall be firm throughout the contract period and there shall be no upward revision of the rates quoted by the contractor for any reason whatsoever. In addition to the statutory deductions towards Income Tax, work contract tax shall be deducted on the state government at the current rates. However the rate of deduction towards work contract tax shall be changed if the government revises the rates. And also deductions shall be made towards any other tax imposed by the government prior to the last date for submission of Tender. It should be clearly understood that any claims for Sales Tax, Excise duty, Construction tax or any other tax existing as on the last date for submission of Tender, shall not be entertained in any case what so ever once the tenders are opened. Also, any claim on account of variation in the rates of taxes prevailing as on the last date for submission of Tender, will not be considered.

10. INTERPRETING SPECIFICATIONSINTERPRETING SPECIFICATIONSINTERPRETING SPECIFICATIONSINTERPRETING SPECIFICATIONS In interpreting the specifications, the following order shall be followed: a)Specification mentioned in Schedule of quantities

b) Special Conditions of Contract

c)Drawings

d) Unit Rate Specification and Technical specifications

e) Instructions to Tenderers & General Conditions of Contract

Matters not covered by the specifications given in the contract as a whole shall be covered by the relevant Indian Standard Codes. If such codes on a particular subject have not been framed, the decision of KMSCL shall be final.

11. No alterations shall be made by the tenderer in the Notice Inviting Tenders, Instructions to the contractors, Contract form, Conditions of the Contract, Drawings and Specifications and if any such alterations are made or any special conditions attached, the tender is liable to be rejected.

12. The acceptance of a tender shall rest with the Authorized Representative of the “KMSCL”, who does not bind himself to accept the lowest tender and reserves to himself the authority to reject any or all the tenders received without assigning any reason(s) whatsoever.

13. The authorized representative of the “KMSCL” reserves the right of accepting the whole or any part of the tenders received and the tenderer shall be bound to perform the same at the rate quoted.

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14. The work shall be carried out under the direction and supervision of

the KMSCL or their representative at site. On acceptance of the tender, the contractor shall intimate the name of his accredited representative who would be supervising the construction and would be responsible for taking instructions for carrying out the work.

15. The KMSCL's decision with regard to the quality of the material and

workmanship will be final and binding, any material rejected by the KMSCL shall be immediately removed by the contractor.

16. 16. 16. 16. SUBSUBSUBSUB----LETTING:LETTING:LETTING:LETTING: No part of the contract shall be sublet without the written permission of the

the KMSCL shall transfers be made by 'Power of Attorney' authorizing others to carryout the work or receive payment on behalf of the tenderer.

17. 17. 17. 17. DEFECTS LIABILITY PERIOD:DEFECTS LIABILITY PERIOD:DEFECTS LIABILITY PERIOD:DEFECTS LIABILITY PERIOD: Any defect developed within 'Defect Liability Period' of 12 months will have

to be rectified by the contractor at their own cost and in case the defects are not rectified by the contractor in time, KMSCL or their representative shall get the work done at the risk and cost of the contractor.

18. 18. 18. 18. DELDELDELDELAYS IN COMMENCEMENT:AYS IN COMMENCEMENT:AYS IN COMMENCEMENT:AYS IN COMMENCEMENT: The contractor shall not be entitled to any compensation for any loss suffered

by him on account of delays in commencing or executing the work, whatever the cause for such delays may be including delays in procuring Government Controlled or other materials.

19. OCCUPATION IN PART:OCCUPATION IN PART:OCCUPATION IN PART:OCCUPATION IN PART: If the KMSCLwants to occupy areas in part, the contractor shall complete

the work of these areas in conjunction with the KMSC Land hand over the same to the KMSCL without affecting any of the clause of contract agreement.

20. The contractor should inspect the source of material, their quality, quantity and

availability. The material must strictly comply with the relevant I.S. specifications.

21. The contractor must co-operate and co-ordinate with other contractors involved in other works on the site. The contractor should also note that they

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shall have to clear the site of vegetation, debris etc. before the commencement of the work and that no extra payment is permissible on this account.

22.... PERIOD OF CONSTRUCTION:PERIOD OF CONSTRUCTION:PERIOD OF CONSTRUCTION:PERIOD OF CONSTRUCTION: Time is the essence of the contract. The total work has to be completed within the time stipulated in the Notice Inviting Tender. Commencement of the work shall be considered from the 7th day on receipt of work order or the date of handing over the site to Contractor. The contractor shall draw a detailed schedule of programme in the form of a Scheduled chart an approved format within one weeks of date of issue of work order and submit to the Consultants for their approval.

23 PENALTY FOR DELAY PENALTY FOR DELAY PENALTY FOR DELAY PENALTY FOR DELAY The building work has to be completed and handed over within the

stipulated time as per tender conditions. If the contractor fails to complete and hand over the building within the specified period, the penalty shall be charged at 0.5%0.5%0.5%0.5% of the contract amount per week of delay till it is handed over or till the penalty reaches 5%5%5%5% of the contract amount, after which the KMSCL shall have the right to terminate the contract and the balance work will be arranged at the risk and cost of the contractor unless and until the period of completion is suitably extended by the KMSCL due to valid reasons

. 24. CONTRACTOR'S STORE AND SITE OFFICE:CONTRACTOR'S STORE AND SITE OFFICE:CONTRACTOR'S STORE AND SITE OFFICE:CONTRACTOR'S STORE AND SITE OFFICE: Suitable area near the site of work to the extent available, shall be allotted to

the contractor free of cost for storing his tools and plants, materials and for his site office and cement go-down. However, the structure will be provided by him at his own expense and he will be solely responsible for guarding his property and shall cover his property with requisite insurance against theft, fire etc. The contractor however will have to dismantle the sheds and vacate the land of all debris etc. at his own expense after completion of work.

25. PROCEDURE FOR PREPARATION AND SUBMISSION OFPROCEDURE FOR PREPARATION AND SUBMISSION OFPROCEDURE FOR PREPARATION AND SUBMISSION OFPROCEDURE FOR PREPARATION AND SUBMISSION OF CONTRACT CONTRACT CONTRACT CONTRACT CERTIFICATES AND OTHER BILLS FOR PAYMENTCERTIFICATES AND OTHER BILLS FOR PAYMENTCERTIFICATES AND OTHER BILLS FOR PAYMENTCERTIFICATES AND OTHER BILLS FOR PAYMENT A) Contract Certificate:Contract Certificate:Contract Certificate:Contract Certificate: When the Contractor has carried out works to such extent

to justify calling for an interim contract certificate referred as ‘RA Bills’ as per the provisions of the contract, he shall proceed to prepare and submit for payment papers the following manner. All papers should carry the name of work the date of the measurement recording, the contract no., chronological serial no. of the contract, page numbers should be serially marked.

B) MeasurementsMeasurementsMeasurementsMeasurements 1. The measurements shall be recorded by the KMSCL Engineer jointly with

Contractors authorized representative and record them directly in the Measurement Books and shall be signed at the end of each session of measurement or the day’s work as the case may be, by both the parties KMSCL Engineer and the Contractor). Initials of the Engineer with date should be put on every page.

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2. The M.book shall be in the custody of the Engineer of KMSCL. 3. Extra or deviated items as claimed by the Contractor shall not be recorded in

the M.book until they are approved by the competent authority. 4. The Contractor shall then prepare his detailed bill, in quadruplicate in the

name of the KMSCL(Original, duplicate & quadruplicate) based on the certified measurements, and the accepted rates applicable for each item. There shall be an abstract of the value of works measured for each. The quantities given herein shall be the total upto date quantities. The deduction to be made such as Retention money, Income tax, Sales tax, Labour Welfare Fund, advances already made on earlier bills, cost of materials if any issued etc. will be made and the net amount will be arrived at.

5. The Engineer shall then process the bill making correction, if any, required and forward the original and one copy to the KMSCLfor payment.

6. The KMSCLshall verify the bills and the M.Book, incorporate necessary corrections, wherever deemed necessary, get it audited and arrange for the payment. Payment shall through RTGS/NEFT in which the Contractor shall open the account RTGS/NEFT facility.

7. Extra items, which are not ordered in writing by the KMSCL, should not be included in the measurements.

(D). Right of Technical Scrutiny:Right of Technical Scrutiny:Right of Technical Scrutiny:Right of Technical Scrutiny:

The KMSCLshall have a right to cause a technical examination of the works by any of the persons or organizations as appointed by the KMSCLand all bill of the contractor including all supporting vouchers, abstracts etc of all bills. If as a results of this examination or otherwise any sum is found to have been over paid or over certified it shall be lawful for the KMSCLto recover the sum from any payment due to the contractor this works or any other work or works being carried out by the contractors elsewhere under the KMSCL.

(E) Abandonment of works:Abandonment of works:Abandonment of works:Abandonment of works: If at any time after the acceptance of the tender, the KMSCLshall, for any reasons whatsoever not require the whole or works any part of the works to be carried out, the KMSCL give notice in writing to the contractor who 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 whole works.

(F). Return of Surplus materials :Return of Surplus materials :Return of Surplus materials :Return of Surplus materials : Notwithstanding anything to the contrary surplus contained in any or all the clause of this materials contract, where any material for the execution of the contract is procured with the assistance of the KMSCL by purchases made under orders or permits or licenses issued by Government, the Contractor shall hold the said materials economically and solely for the purpose of the contract and not dispose of them without the prior written permission of the KMSCLand return it to the KMSCL, if required by the KMSCL, at the price to be determined by the having due regard to the condition of the materials, the price to be determined not to exceed the purchase price thereof inclusive of

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sales-tax, octroi, and other such levies paid by the contractor in respect thereof. In the event of breach of the aforesaid condition, the contract shall, in addition to being liable to action for contravention of the terms of licenses or permit and criminal breach of trust, be liable to honour for all moneys, advantages or profits resulting or which in the usual course would have resulted to him by reason of such breach.

(G). Right of Right of Right of Right of KMSCLKMSCLKMSCLKMSCLto terminate Contract in the event of death of contractor if to terminate Contract in the event of death of contractor if to terminate Contract in the event of death of contractor if to terminate Contract in the event of death of contractor if individualindividualindividualindividual Without prejudice to any of the rights or remedies under this contract, if the contractor, being an individual, dies the KMSCLshall have the option of terminating the contract without incurring any liability for such termination.

26.26.26.26. WATER AND ELECTRICITY:WATER AND ELECTRICITY:WATER AND ELECTRICITY:WATER AND ELECTRICITY:

The contractor shall make his own arrangement for water and electricity required for the works. The KMSCLtakes no responsibility for the supply of either electricity or water.

27.27.27.27. INSURANCE:INSURANCE:INSURANCE:INSURANCE:

The successful contractor shall take necessary all risk insurance policy, jointly in the name of the KMSCLand the contractor, and the original policy shall be deposited with the KMSCL. The format for the B/G shall be got approved by the KMSCL.

This document will form part of the tender document and the agreement executed by the successful tenderer.

Sd/- BijuPraBijuPraBijuPraBijuPrabhakar IASbhakar IASbhakar IASbhakar IAS

Date: 25/06/2012. Managing Director, KMSCL & Tender Inviting Authority

I/We hereby declare that I/We have read and understood the above instructions and the terms and conditions mentioned above are binding on me/us.

SIGNATURE OF THE TENDERER.

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SECTION SECTION SECTION SECTION IIIIVVVV

GENERAL CONDITIONS OF CONTRACT GENERAL CONDITIONS OF CONTRACT GENERAL CONDITIONS OF CONTRACT GENERAL CONDITIONS OF CONTRACT 1.1.1.1. DEFINITIONS DEFINITIONS DEFINITIONS DEFINITIONS

The following terms shall have the meaning hereby assigned to them except where the context otherwise requires:

aaaa) KMSCLKMSCLKMSCLKMSCL

Means Kerala Medical Services Corporation Ltd.

b)b)b)b) CONTRACTOR, CONTRACTOR, CONTRACTOR, CONTRACTOR,

shall mean the successful tenderer to whom the contract has been awarded.

cccc) SUB) SUB) SUB) SUB----CONTRACTOR, CONTRACTOR, CONTRACTOR, CONTRACTOR,

shall mean the person named in the contract for any part of the work or any person to whom any part of the contract has been sublet with the consent in writing by KMSCL and the legal representatives, successors and assignees of such person.

dddd) ) ) ) CONTRACT,CONTRACT,CONTRACT,CONTRACT,

shall mean and include the following:- Notice inviting tender, Tender form, General Conditions of Contract, General

Specifications, special conditions, Article of Agreement, Technical Specifications, Unit Specifications), (Detailed Specifications), Schedule of Quantities, Drawings, Work Order and/or any other correspondences of negotiations.

eeee)))) SITE, SITE, SITE, SITE,

shall mean the actual place in, over or under which work is to be done, allotted by the KMSCL for Contractor's use.

h) WORK,h) WORK,h) WORK,h) WORK, of the Contractor shall mean and include materials or labour or both.

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i) CONTRACT PRICE,i) CONTRACT PRICE,i) CONTRACT PRICE,i) CONTRACT PRICE, shall mean the sums referred to in the formal agreement, if any or the

work order. j) SCHEDULE OF QUANTITIES,j) SCHEDULE OF QUANTITIES,j) SCHEDULE OF QUANTITIES,j) SCHEDULE OF QUANTITIES,

is the schedule of approximate quantities of various items of work with specification for unit rate.

k) SCHEDULE OF RATES, k) SCHEDULE OF RATES, k) SCHEDULE OF RATES, k) SCHEDULE OF RATES, is the schedule showing unit rates, against specification of various item of

works. 2. ASSIGNMENT AND SUB2. ASSIGNMENT AND SUB2. ASSIGNMENT AND SUB2. ASSIGNMENT AND SUB----CONTRACTING CONTRACTING CONTRACTING CONTRACTING 2.12.12.12.1 ASSIGNMENT: ASSIGNMENT: ASSIGNMENT: ASSIGNMENT:

The Contractor shall not assign the contract or any part thereof or any benefit or interest therein or thereunder without the written permission of the authority.

2.22.22.22.2 SUBSUBSUBSUB----CONTRACTING: CONTRACTING: CONTRACTING: CONTRACTING: The Contractor shall not sub-contract the whole of the contract. The

Contractor shall not sub-contract any part of the works without the written consent of the KMSCL and such consent, if given, shall not relieve the Contractor from any liability or obligation under the contract and the Contractor shall be responsible for the acts, defaults and neglects of the sub-Contractor, his agents, employees or workmen as fully as if they were the acts, defaults or neglects of the Contractor or his agents, servants, or workmen.

3. DRAWINGS 3. DRAWINGS 3. DRAWINGS 3. DRAWINGS 3.1 ISSUE OF DRAWINGS:

Drawings approved for construction will be issued to the Contractor progressively during the contract period and the Contractor shall arrange for the execution of the works and the procurement of materials accordingly. The Contractor shall give adequate notice in writing to KMSCL of any further drawings or specifications that may be required for the execution of the works or otherwise under the contract.

3.23.23.23.2 COPIES OF DRAWINGS TO BE KEPT AT SITE:COPIES OF DRAWINGS TO BE KEPT AT SITE:COPIES OF DRAWINGS TO BE KEPT AT SITE:COPIES OF DRAWINGS TO BE KEPT AT SITE: One copy of the drawings furnished to the Contractor as aforesaid shall be kept at the site and the same shall at all reasonable times be available for inspection and use by the “KMSCL” .

3.3 ISSUE OF FURTHER DRAWINGS AND INSTRUCTIONS:3.3 ISSUE OF FURTHER DRAWINGS AND INSTRUCTIONS:3.3 ISSUE OF FURTHER DRAWINGS AND INSTRUCTIONS:3.3 ISSUE OF FURTHER DRAWINGS AND INSTRUCTIONS:

The KMSCLshall have full power and authority to supply to the Contractor from time to time through his representative, during the progress of the works

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such further drawings and instructions as shall be necessary for the purpose of proper and adequate execution and maintenance of the works and the Contractor shall carry out and be bound by the same.

3.43.43.43.4 OWNEROWNEROWNEROWNERSHIP OF DRAWINGS:SHIP OF DRAWINGS:SHIP OF DRAWINGS:SHIP OF DRAWINGS:

All drawings supplied to the Contractor are deemed to be the property of the KMSCL. The Contractor agrees not to divulge or use, except for the purpose of this contract, any information contained in the drawings.

3.53.53.53.5 EXECUTION AS PER DRAWINGS:EXECUTION AS PER DRAWINGS:EXECUTION AS PER DRAWINGS:EXECUTION AS PER DRAWINGS:

The Contractor must not vary or deviate from the drawings in any respect while executing the work or executing any extra work of any kind whatsoever duly consulting KMSCL.

3.63.63.63.6 PLANS AND DRAWINGS TO BE SUBMITTED BY THE CONTRACTOR:PLANS AND DRAWINGS TO BE SUBMITTED BY THE CONTRACTOR:PLANS AND DRAWINGS TO BE SUBMITTED BY THE CONTRACTOR:PLANS AND DRAWINGS TO BE SUBMITTED BY THE CONTRACTOR:

The Contractor shall submit the following information in triplicate to KMSCL for approval within the time stipulated; each item below :-

a) A general tentative layout plan of construction plant and equipments for the

execution of work within 7days from the date of receipt of work order. b) Drawings or prints showing the location of major plants and other facilities

which he proposes to put up at the site, including any changes in the general layout, at least 7 days prior to the commencement of the respective work.

c) Layout and details of temporary works that the Contractor wants to carry

out to fulfill his obligation under the contract Within 15 days ,KMSCL will give their approval/comments sufficient to proceed with the work or objections/instructions to the Contractor based on which the drawings shall be revised and submitted again for approval by the Contractor.

All these plans and drawings submitted by the Contractor and approved by the KMSCL shall become part of the contract.

3.7 3.7 3.7 3.7 ROYALTIES AND PATENT RIGHTSROYALTIES AND PATENT RIGHTSROYALTIES AND PATENT RIGHTSROYALTIES AND PATENT RIGHTS

All royalties or other sums payable in respect of the supply and use in carrying out the work as desired by or referred to in the schedule of quantities of any patented articles, process or inventions shall be deemed to have been included in the contract sum and the Contractor shall indemnify the

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“KMSCL” from and against all claims, proceedings, damages, costs and expenses which may be brought or made against the “KMSCL” or to which he may be put by reason of the Contractor infringing or being held to have infringed any patent rights in relation to any such articles, process and inventions.

4.4.4.4. GENERAL OBLIGATIONS GENERAL OBLIGATIONS GENERAL OBLIGATIONS GENERAL OBLIGATIONS 4.1 INSPECTION OF SITE ETC. BEFORE SUBMISSION OF TENDER: The Contractor shall inspect and examine the site and its surroundings, and

shall satisfy himself before submitting his tender, as to the nature of the ground, form and nature of the site, the quantities and nature of work and materials required for the completion of the works, the means of access to the site, the local labour conditions, the facilities available at site, the accommodation he may require and in general shall obtain all necessary information as to the risks, contingencies and other circumstances which may influence or affect his tender.

4.24.24.24.2 SUFFICIENCY OF TENDER:SUFFICIENCY OF TENDER:SUFFICIENCY OF TENDER:SUFFICIENCY OF TENDER:

The Contractor shall be deemed to have satisfied himself before tendering as to the correctness and sufficiency of his tender for the works and of the rates and prices stated in the priced bill of quantities and the schedule of rates and prices, if any, with tender rates and prices shall cover all his obligations under the contract and all matters and things necessary for the proper completion and maintenance of the work.

4.34.34.34.3 CLARIFICATION BEFORE SUBMITTING TENDERS:CLARIFICATION BEFORE SUBMITTING TENDERS:CLARIFICATION BEFORE SUBMITTING TENDERS:CLARIFICATION BEFORE SUBMITTING TENDERS:

Should the Contractor notice any discrepancy or error in the statement made, or quantities or units shown against items, he shall immediately bring to the notice of the “KMSCL” and obtain the clarification before submitting the tender. The tender shall be based on such clarifications received and shall be recorded as such in the covering letter to the tender, failing which the “KMSCL” shall have the right to ask the Contractor to execute the work according to the statement made or quantities or units shown in the tender, without any compensation.

4.3a. It is specifically understood that the moment the tender is submitted the

contractor shall be deemed to have complied with the conditions in clause 4.1 and 4.3 and has also satisfied himself about the requirement therein.

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4.44.44.44.4 AMENDMENT OF TENDER DOCUMENTS :AMENDMENT OF TENDER DOCUMENTS :AMENDMENT OF TENDER DOCUMENTS :AMENDMENT OF TENDER DOCUMENTS :

4.4.1 At any time prior to the dead line for submission of Tender, the Tender

Inviting Authority may, for any reason, modify the tender document by

amendment.

4.4.2 The amendment shall be notified by fax/email to all prospective tenderers

who have purchased the tender document, for which the email, fax no of

the purchaser of the tender document shall be submitted to the tender

inviting authority and such amendments shall be binding on them

thereafter.

4.4.3 The Tender Inviting Authority shall not be responsible for failure to inform

the prospective tenderers because of technical issues, wrong fax number

or email ID etc. Purchasers of tender documents are requested to browse

the website of the Tender Inviting Authority for information/general

notices/amendments to tender document etc on a day to day basis till the

tender is concluded.

4.4.4.4.5555 RATESRATESRATESRATES QUOTED FOR FINISHED QUOTED FOR FINISHED QUOTED FOR FINISHED QUOTED FOR FINISHED WORK:WORK:WORK:WORK:

The rates quoted in the tender by the Contractor must be for the finished work as per the drawings and specifications. The rate shall remain firm throughout the period of contract, including extended period if any, granted by the KMSCL.

4.4.4.4.6666 LOCATION OF LOCATION OF LOCATION OF LOCATION OF WORK:WORK:WORK:WORK:

Unless specifically mentioned in the item, the work described there-in may be at any location or elevation.

4.4.4.4.7777 TENDERSVALIDITY:TENDERSVALIDITY:TENDERSVALIDITY:TENDERSVALIDITY:

The tender shall remain open for acceptance for a period of 120 days from the date of submission of the tender.

4.4.4.4.8888 COMMENCEMENT OF WORK :COMMENCEMENT OF WORK :COMMENCEMENT OF WORK :COMMENCEMENT OF WORK :

The Contractor shall commence the work at site, within 7 days of issue of formal work order or date of handing over of the site whichever is later or being advised by the KMSCL unless otherwise specified, and shall proceed with the same with due expedition.

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4.4.4.4.9999 PROGRAMME OF WORK:PROGRAMME OF WORK:PROGRAMME OF WORK:PROGRAMME OF WORK:

Soon after the award of contract, the Contractor shall submit to the KMSCL for his approval a programme to match with the planned completion of the whole job showing the order of procedure and method in which he proposes to carry out the works and shall whenever required by the KMSCL, furnish further detailed programme in an approved format and particulars in writing of the Contractor's arrangements for carrying out the works and of the constructional plant and temporary works, which the Contractor intends to supply, use or construct as the case may be. The submission to and approval, if any, by of such programmes or particulars shall not relieve the Contractor of any of his duties or responsibilities under the contract.

4.4.4.4.10101010 CONTRACTOR'S CONTRACTOR'S CONTRACTOR'S CONTRACTOR'S EMPLOYEES:EMPLOYEES:EMPLOYEES:EMPLOYEES:

The Contractor shall provide and employ at site in connection with the execution and maintenance works.

a) Only such technical assistants as are skilled and experienced in their respective fields and such sub-agents, foreman and leading hands as are competent to give proper supervision to the work they are required to supervise and,

b) Such Skilled, semi-skilled and unskilled labour as is necessary for the proper and timely execution and maintenance of works.

4.4.4.4.11111111 REMOVAL OF REMOVAL OF REMOVAL OF REMOVAL OF WORKMEN:WORKMEN:WORKMEN:WORKMEN: KMSCL shall be at liberty to object and dispel the Contractor to remove

forthwith from the works of any person employed by the Contractor in or about the execution or maintenance of the works who in the opinion of the KMSCL mis-conducts himself or is incompetent or negligent in the proper performance of his duties or whose employment is otherwise considered by the KMSCL to be undesirable and such person shall be replaced by the Contractor without delay by a competent substitute approved by the KMSCL.

4.12 COMMUNICATIONS TO BE IN COMMUNICATIONS TO BE IN COMMUNICATIONS TO BE IN COMMUNICATIONS TO BE IN WRITING:WRITING:WRITING:WRITING: All references, communications, correspondences made by the KMSCL, the

Contractor concerning the works shall be in writing and no reference, communication, or complaint which is not in writing, shall be recognised.

4.4.4.4.13131313 OCCUPATION AND USE OF LAND:OCCUPATION AND USE OF LAND:OCCUPATION AND USE OF LAND:OCCUPATION AND USE OF LAND: No land, building belonging to or in the possession of the KMSCLshall be

occupied by the Contractor. The Contractor shall not use, or allow to be used, the site for any purpose other than that for executing the works. Under no

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circumstances, the roads within KMSCLcampus shall be used for dumping/collection of materials by the contractor.

4.14.14.14.14444 CONSTRUCTION OF SITECONSTRUCTION OF SITECONSTRUCTION OF SITECONSTRUCTION OF SITE----SHED:SHED:SHED:SHED: Any site-shed, proposed to be temporarily constructed by the Contractor

for his office work, storage of materials etc, shall conform to the standard sketch, or to the plan approved by KMSCL. Permission for the construction of such sheds shall be obtained in writing.

4.14.14.14.15555 MATERIALS, TOOLS AND MATERIALS, TOOLS AND MATERIALS, TOOLS AND MATERIALS, TOOLS AND PLANT:PLANT:PLANT:PLANT: All materials required for the execution of the works other than those

mentioned in the Notice Inviting Tender if any, shall be supplied by the Contractor. Materials so supplied shall have the approval of KMSCL before using on the works. All the rejected materials shall be removed at once from the site of work at the Contractor's own cost.

4.14.14.14.16666 TOLLAGES ETC. :TOLLAGES ETC. :TOLLAGES ETC. :TOLLAGES ETC. :

The Contractor shall pay all tollages and other royalties, rent and other payments or compensations, if any for getting stone, gravel, sand, clay and all other materials required for the works.

4.14.14.14.17777 SETTING OUT :SETTING OUT :SETTING OUT :SETTING OUT :

The Contractor shall be responsible for the true and proper setting out of the works and for the correctness of the position, levels, dimensions and alignment of all parts of the works and for the provision of all necessary instruments, appliances and labour in connection therewith. If at any time during the progress of the works any error shall appear or arise in the position, level, dimensions or alignment of any part of the works, the Contractor on being required to do so by KMSCL, shall at his own cost rectify such error to the satisfaction of KMSCL or his representative. The checking of any setting out or of any line or level by KMSCL shall not in any way relieve the Contractor of his responsibility for the correctness thereof. The Contractor shall provide all necessary instruments, appliances and labour required by KMSCL for checking, if any, of the setting out. The Contractor shall carefully protect and observe all bench marks, site levels, pegs and other things used in setting out the works. The rates quoted for the work shall also include the cost of reference and level pillars and their dismantling, when no longer required. The contractor shall verify all dimension and elevations mentioned in the drawings prior to the commencement of work.

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4.14.14.14.18888 DAMAGE TO PERSONS AND PROPERTY :DAMAGE TO PERSONS AND PROPERTY :DAMAGE TO PERSONS AND PROPERTY :DAMAGE TO PERSONS AND PROPERTY :

The Contractor shall indemnify and keep indemnified the KMSCLagainst all losses and claims for injuries or damages to any person or property whatsoever which may arise out of or in consequence of the construction and maintenance of works and against all claims, demands, proceedings, damages, costs, charges, expenses, whatsoever in respect thereof in relation thereto.

4.4.4.4.19191919 COCOCOCO----OPERATION WITH OTHER AGENCIES:OPERATION WITH OTHER AGENCIES:OPERATION WITH OTHER AGENCIES:OPERATION WITH OTHER AGENCIES: The Contractor shall co-operate with the work of other agencies or Contractors

that may be employed or engaged by the KMSCLand as far as it relates to the Contractors' work. The sequence of work shall be so arranged that the work of other agencies are also in progress simultaneously.

4.24.24.24.20000 BARRICADING AROUND EXCAVATED TRENCHES ETC :BARRICADING AROUND EXCAVATED TRENCHES ETC :BARRICADING AROUND EXCAVATED TRENCHES ETC :BARRICADING AROUND EXCAVATED TRENCHES ETC : The Contractor shall at his own cost provide around excavation, temporary

barricading with bellies and bamboos with warning signals during day and night and shall maintain it so long as the trenches are not filled up. Similar barricades shall also be provided at all dismantling work, erection of structurals, sheeting work etc. No extra claim shall be entertained for providing, maintaining and removing such barricades.

4.24.24.24.21111 FABRICATION DRAWINGS :FABRICATION DRAWINGS :FABRICATION DRAWINGS :FABRICATION DRAWINGS : Contractor shall prepare at his own cost all fabrication drawings of all

structural steel works and submit them to KMSCL for their approval at least before 15 days of commencing the fabrication. All the details like sizes, capacities, dimensions, arrangement of fabrication etc. should be clearly indicated on these drawings.

4.24.24.24.22222 PROTECTION OF UNDERGROUND SERVICES :PROTECTION OF UNDERGROUND SERVICES :PROTECTION OF UNDERGROUND SERVICES :PROTECTION OF UNDERGROUND SERVICES : The Contractor must take precautionary measures to protect the

underground and other services lines viz. cables, water and sewer lines, etc. and observe any specific instructions which may be given in this regard by the CoKMSCL.

4.24.24.24.23333 DEWATERING TRENCHES AND PITS :DEWATERING TRENCHES AND PITS :DEWATERING TRENCHES AND PITS :DEWATERING TRENCHES AND PITS : The tendered rates shall always be deemed to have taken into account the cost

of removal of silt and materials that may slip in the trenches and pits and de-watering the trenches or pits of water accumulated or collected through seepage or subsoil water or rain water. The Contractor shall in no case be entitled to claim any extra amount for the above work. The Contractor shall

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remain prepared with necessary pumps and equipment for de-watering the trenches or pits so as to avoid unnecessary delay and possible damage to the property etc.The duration of dewatering shall be in accordance with environmental resolution and prior approval from KMSCL is required.

4.24.24.24.24444 WORK IN OR AROUND OPERATING PLANT OR OFFICES ETC:WORK IN OR AROUND OPERATING PLANT OR OFFICES ETC:WORK IN OR AROUND OPERATING PLANT OR OFFICES ETC:WORK IN OR AROUND OPERATING PLANT OR OFFICES ETC: Where the work is being carried out in or around an operating plant

where the plant must run uninterrupted, the Contractor shall work only at specified places and times as mutually arranged between the Contractor and KMSCL Similar arrangement must be made while executing works inside the offices, buildings etc. without causing disturbance to the office work. For this the work may be required to be done during off-hours and Sundays. No extra will be allowed beyond the rates quoted for doing work in the manner described above.

4.24.24.24.25555 WORK IN SHIFTS AND ON OFFWORK IN SHIFTS AND ON OFFWORK IN SHIFTS AND ON OFFWORK IN SHIFTS AND ON OFF----DAYS:DAYS:DAYS:DAYS: The Contractor shall work in one or more shifts as also on Sundays and off

days to complete the work on time, if so required by KMSCL for which the KMSCL shall not be liable to pay any extra. If instructed by KMSCL, the Contractor should carry out the work in the night also.

4.24.24.24.26666 SITE ORDER BOOKSITE ORDER BOOKSITE ORDER BOOKSITE ORDER BOOK (Site register/Log book)(Site register/Log book)(Site register/Log book)(Site register/Log book):::: A site order book must be maintained and always be available at site to

record the instructions by KMSCL or his representative. The Contractor must see that the instructions noted therein are properly carried out. The Contractor shall also submit a ‘Daily Report’ to KMSCL and format approved by the KMSCL.

4.24.24.24.27777 DELAY IN OBTAINING MATERIALS DELAY IN OBTAINING MATERIALS DELAY IN OBTAINING MATERIALS DELAY IN OBTAINING MATERIALS SUPPLIED BY THE SUPPLIED BY THE SUPPLIED BY THE SUPPLIED BY THE KMSCLKMSCLKMSCLKMSCL:::: IfKMSCL has undertaken to supply any material specified in the special

conditions at rates and conditions cited therein, the Contractor shall keep himself in touch with day-to day position regarding the supply of materials from the KMSCL and so adjust the progress of the works that labour may not remain idle nor there by any other claim due to or arising from delay in obtaining the materials.

4.24.24.24.28888 RECORD OF MATERIALS SUPPLIED BY THE RECORD OF MATERIALS SUPPLIED BY THE RECORD OF MATERIALS SUPPLIED BY THE RECORD OF MATERIALS SUPPLIED BY THE KMSCLKMSCLKMSCLKMSCL:::: The Contractor shall maintain an account of different materials obtained from

the KMSCLfor executing the works under the contract. KMSCL shall have the right to check the position of materials at all times.

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4.4.4.4.29292929 SAFESAFESAFESAFE STORAGE OF MATERIALS:STORAGE OF MATERIALS:STORAGE OF MATERIALS:STORAGE OF MATERIALS: The Contractor shall be responsible for the safe storage of materials

supplied by the KMSCLfor execution of the works. Surplus materials or materials lost or damaged or unaccounted for or made unserviceable by the Contractor shall be charged as specified in the special conditions.

4444.3.3.3.30000 TRANSPORT OF MATERIALS:TRANSPORT OF MATERIALS:TRANSPORT OF MATERIALS:TRANSPORT OF MATERIALS:

Unless otherwise specified, all the materials supplied by the “KMSCL” shall be transported by the Contractor from the "KMSCL’s” store/ yard, to the site of work at no extra cost.

4.34.34.34.31111 SITE TO BE KEPT CLEAN:SITE TO BE KEPT CLEAN:SITE TO BE KEPT CLEAN:SITE TO BE KEPT CLEAN: The surplus spoil and dismantled debris shall be removed to a place as

directed by the KMSCL and stacked, leveled and dressed as directed. 4.34.34.34.32222 CONFLICT IN MEANING BETWEEN SCHEDULE OF RATES AND CONFLICT IN MEANING BETWEEN SCHEDULE OF RATES AND CONFLICT IN MEANING BETWEEN SCHEDULE OF RATES AND CONFLICT IN MEANING BETWEEN SCHEDULE OF RATES AND

SPECIFICATIONSSPECIFICATIONSSPECIFICATIONSSPECIFICATIONS: The schedule of rates shall be read in conjunction with the specifications, and

in the event of conflict in meaning between the two, the corresponding item in the unit rate specification shall always have precedence over the specifications.

5. LABOUR 5. LABOUR 5. LABOUR 5. LABOUR 5.1 LABOUR RULES: In respect of all labour directly or indirectly employed on the works by

the Contractor, the Contractor shall comply with the provisions of the contract labour (Regulation and Abolition) Act 1970, Minimum Wages Act 1948, Payment of Wages Act 1936 and any amendments thereof and all legislation and rules of the State and/or Central Government or other local authorities, framed from time to time, governing the protection of health, sanitary arrangements, wages, welfare and safety for labour employed on building and construction works and for bonus, retirement benefits, retrenchment/lay off, compensation and all other matters liabilities of KMSCLs to employees. The rule and the other statutory obligations with regard to fair wages, welfare and safety measures, maintenance of register etc. will be deemed to be part of the Contract.

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5.2 REPORTING ACCIDENT OF LABOUR:5.2 REPORTING ACCIDENT OF LABOUR:5.2 REPORTING ACCIDENT OF LABOUR:5.2 REPORTING ACCIDENT OF LABOUR:

The Contractor shall be responsible for the safety of all employees and/or workers employed or engaged by him on and in connection with the works and shall forthwith report all cases of accidents to any of them, however caused and whenever occurring, to KMSCL and shall make every arrangement to render all possible assistance and aid to the victims of the accident.

5.3 PROVISION OF WORKMEN'S COMPENSATION ACT:5.3 PROVISION OF WORKMEN'S COMPENSATION ACT:5.3 PROVISION OF WORKMEN'S COMPENSATION ACT:5.3 PROVISION OF WORKMEN'S COMPENSATION ACT: The Contractor shall at all times indemnify and keep indemnified the

KMSCLagainst all claims for compensation under the provisions of the Workmen's Compensation Act 1923 or any other law for the time being in force by or in respect of any workmen employed by the Contractor in carrying out the contract and against all cost and expenses or penalties incurred by the KMSCLin connection therewith. In any case in which, by virtue of the provision of the said Act, the KMSCLis obliged to pay compensation to a workman employed by the Contractor in executing the works, the KMSCLshall recover from the Contractor the amount of the compensation so paid and without prejudice to the rights of the KMSCLunder the said Act. The KMSCL shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any amount due by the KMSCLto the Contractor, whether under this contract or otherwise without prejudice to any other remedy that may be available to the KMSCLin law. The KMSCLshall not be bound to contest any claim made against it under the said Act, except on the written request of the Contractor and upon his giving to the KMSCLfull security for all cost for which the KMSCL might become liable in consequence of contesting such claim.

5.4 ACCIDENT OR INJURY TO WORKMEN:4 ACCIDENT OR INJURY TO WORKMEN:4 ACCIDENT OR INJURY TO WORKMEN:4 ACCIDENT OR INJURY TO WORKMEN: The Consultant/KMSCLshall not be liable for, in respect, of any damages or

compensation payable as per regulations or in consequence of any accident or injury to any workmen or other person in the employment of the Contractor or his sub-Contractors, and the Contractor shall indemnify and keep indemnified the KMSCL against all such damages and compensation and against all claims, demands, proceedings costs, charges and expenses whatsoever in respect thereof or in relation thereto.

5.5 PRESERVATION OF PEACE:5.5 PRESERVATION OF PEACE:5.5 PRESERVATION OF PEACE:5.5 PRESERVATION OF PEACE: The Contractor shall take requisite precautions to prevent any riotous or

unlawful behavior by or amongst his workmen and/or others employed on the works by him, for the preservation of peace and protection of the inhabitants and security of property in the neighborhood of the works.

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5.6 AGE LIMIT OF LABOUR:5.6 AGE LIMIT OF LABOUR:5.6 AGE LIMIT OF LABOUR:5.6 AGE LIMIT OF LABOUR:

The age limit for employment of labour shall be in strict accordance with the existing labour legislation.

5.7 RETURN OF LABOUR EMPLOYED:5.7 RETURN OF LABOUR EMPLOYED:5.7 RETURN OF LABOUR EMPLOYED:5.7 RETURN OF LABOUR EMPLOYED: The Contractor, if required by the KMSCL, shall submit return in detail in such form and at such interval as KMSCL may prescribe showing number of different classes of labour employed on the works from time to time by the Contractor.

5.8 OBSERVANCE BY SUB5.8 OBSERVANCE BY SUB5.8 OBSERVANCE BY SUB5.8 OBSERVANCE BY SUB----CONTRACTOR:CONTRACTOR:CONTRACTOR:CONTRACTOR: The Contractor shall be responsible for the observance of the provisions of aforesaid clauses by the sub-Contractors employed by him in the execution of the contact.

6. MATERIAL TESTS AND WORKMANSHIP 6. MATERIAL TESTS AND WORKMANSHIP 6. MATERIAL TESTS AND WORKMANSHIP 6. MATERIAL TESTS AND WORKMANSHIP

6.1 QUALITY OF MATERIALS, WORKMANSHIP AN6.1 QUALITY OF MATERIALS, WORKMANSHIP AN6.1 QUALITY OF MATERIALS, WORKMANSHIP AN6.1 QUALITY OF MATERIALS, WORKMANSHIP AND TESTS:D TESTS:D TESTS:D TESTS: All materials and workmanship shall be of the respective kinds described in the contract and in accordance with the KMSCL instructions and shall be subjected, from time to time, to such tests as the authority may direct at the place of manufacture or fabrication or on the site or at all or any of such places. The Contractor shall provide such assistance instruments, machines, labour and materials, as are normally required for examining, measuring and testing any work and the quality, weight or quantity of any material used and shall supply samples of materials before incorporation in the works for approval as may be required by the KMSCL.A fully equipped Testing laboratory shall be available at site to conduct routine tests on cement, concrete etc.

6.2 CONSTRUCTION OF PROTOTYPES OR SAMPLES OF WORK:6.2 CONSTRUCTION OF PROTOTYPES OR SAMPLES OF WORK:6.2 CONSTRUCTION OF PROTOTYPES OR SAMPLES OF WORK:6.2 CONSTRUCTION OF PROTOTYPES OR SAMPLES OF WORK: The Contractor shall construct prototypes or samples of work as laid down in the contract or as instructed by KMSCL. Such prototypes or samples of work, after approval by the KMSCL, shall serve as the standards to be achieved in the final construction.

6.3 COST OF SAMPLES:6.3 COST OF SAMPLES:6.3 COST OF SAMPLES:6.3 COST OF SAMPLES:

All samples shall be supplied by the Contractor at his own cost.

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6.4 COST OF TESTS:6.4 COST OF TESTS:6.4 COST OF TESTS:6.4 COST OF TESTS: The cost of making any test as per specifications shall be borne by the Contractor, and the Contractor should arrange for all facilities like testing equipments, meters, instruments as required for carrying out such tests.

6.5 INSPECTION OF OPERATION :6.5 INSPECTION OF OPERATION :6.5 INSPECTION OF OPERATION :6.5 INSPECTION OF OPERATION : The KMSCL or their representative shall at all times have access to the works and to the site and to all workshops and places where materials, manufactured articles or machinery are being obtained for the works and the Contractor shall afford every facility for every assistance in obtaining the right to such access.

6.6 EXAMINATION OF WORK BEFORE COVERING UP :6.6 EXAMINATION OF WORK BEFORE COVERING UP :6.6 EXAMINATION OF WORK BEFORE COVERING UP :6.6 EXAMINATION OF WORK BEFORE COVERING UP :

No work shall be covered up or put out of view without the approval of the KMSCL and the Contractor shall afford full opportunity to KMSCL to examine and measure any work which is about to be covered up or put out of view and to examine foundations before permanent work is placed thereon. The Contractor shall give due notice to the KMSCL wherever any such work or foundations is or are ready or about to be ready for examination and the KMSCL shall without unreasonable delay, unless he considers it unnecessary and advises the Contractor accordingly, attend for the purpose of examining and measuring such work or of examining such foundations.

6.7 UNCOVERING AND MAKING OPENINGS :6.7 UNCOVERING AND MAKING OPENINGS :6.7 UNCOVERING AND MAKING OPENINGS :6.7 UNCOVERING AND MAKING OPENINGS : The Contractor shall uncover any part or parts of the works or make openings in or through the same as KMSCL may, from time to time, direct and shall reinstate and make good such part or parts to the satisfaction of the KMSCL If any such part or parts have been covered up or put out of view after compliance with the requirements of clause 6.6 hereof and found to be executed in accordance with the contract, the expenses of uncovering, making in or through, reinstating and making good the same shall be borne by the KMSCL, but in any other case all such expenses shall be borne by the Contractor and shall be recoverable from him by the KMSCLand deducted by the KMSCLfrom any money due, which may become due to the Contractor, without prejudice to any other remedy that may be available to the KMSCL, by law.

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6.8 6.8 6.8 6.8 REMOVAL OF IMPROPER WORK AND MATERIALS :REMOVAL OF IMPROPER WORK AND MATERIALS :REMOVAL OF IMPROPER WORK AND MATERIALS :REMOVAL OF IMPROPER WORK AND MATERIALS : KMSCL shall during the progress of the works have power to order in writing from time to time : a) The removal from the site within such time or times as may be specifiedin

the order of any materials which in the opinion of the Consultant or his representative are not in accordance with the contract.

b) The substitution of proper and suitable materials. c) The removal and proper re-execution notwithstanding a previous test thereof or interim payment thereof of a work which in respect of materials or workmanship is not in the opinion of the KMSCL in accordance withcontract.

6.9 6.9 6.9 6.9 SUSPENSION OF WORK :SUSPENSION OF WORK :SUSPENSION OF WORK :SUSPENSION OF WORK : The Contractor shall, on the written order by the KMSCLsuspend the progress of the works or any part thereof for such time or times and in such manner as KMSCL may consider necessary and shall during such suspension, properly protect and secure the work, so far as is necessary in the opinion of the KMSCL.

7. TIME OF COMPLETION AND TAKING OVER :7. TIME OF COMPLETION AND TAKING OVER :7. TIME OF COMPLETION AND TAKING OVER :7. TIME OF COMPLETION AND TAKING OVER :

7.1 POSSESSION OF SITE :7.1 POSSESSION OF SITE :7.1 POSSESSION OF SITE :7.1 POSSESSION OF SITE : Save in so far the contract may prescribe, the extent of portions of the site of which the KMSCLis to give possession from time to time and the order in which such portions will be available to him and subject to any requirement in the contract as to the order in which the work shall be executed, the KMSCL shall give to the Contractor possession of so much of the site as may be required to enable the Contractor to commence and proceed with the construction of the works in accordance with such reasonable proposals of the Contractor as he will make in writing to the KMSCL and shall, from time to time as the work proceeds give the Contractor possession of such further portions of the site as may be required to enable the Contractor to proceed with the construction of the works in accordance with the said programme or proposal.

7.2 TIME OF COMPLETION :7.2 TIME OF COMPLETION :7.2 TIME OF COMPLETION :7.2 TIME OF COMPLETION : Time is deemed to be the essence of this contract and the whole of the works shall be completed within the time stipulated or within such extended

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time as has been allowed under clause 7.3.

7.3 EXTENSION OF TIME OF COMPLETION :7.3 EXTENSION OF TIME OF COMPLETION :7.3 EXTENSION OF TIME OF COMPLETION :7.3 EXTENSION OF TIME OF COMPLETION : Should the amount of extra or additional work of any kind or changes in scope of work or other special circumstances of any kind whatsoever which may occur, be such as fairly to justify the Contractor's request for extension of time for the completion of the works KMSCL shall determine the amount of such extension and with the approval of the KMSCLshall intimate the Contractor in writing provided that the Consultant is not bound to take into account any extra or additional work or other special circumstances unless the Contractor has within 28 days after such work has been commenced or such circumstances have arisen, submitted to KMSCL full and detailed particulars of any request to the extension of time to which he may consider to be justified.

7.4 FORCE MAJEURE7.4 FORCE MAJEURE7.4 FORCE MAJEURE7.4 FORCE MAJEURE

Neither party shall be liable for any failure or delay in performance under this agreement if the failure/delay is caused by natural calamity, general strike, curfew, riot, war, or any act of god which prevents normal activities or reasons beyond the control of the party. In such cases, the party affected by this clause shall give written notice to the other party with full details, within a week of the occurrence of the cause. If the force majeure condition affects the completion schedule, the time of completion shall be revised to the extent of loss of time caused by force majeure.

7.5 WORK TREATED AS COMPLETE :7.5 WORK TREATED AS COMPLETE :7.5 WORK TREATED AS COMPLETE :7.5 WORK TREATED AS COMPLETE : The works shall not be treated as complete until : i) The site is clear from all materials, site shed, etc. and the KMSCL is

satisfied with the job done by the Contractor ii) The Contractor has submitted the reconciliation statement

regarding the stores if any, received from the KMSCL, and all the surplus and salvaged materials are returned to the stores.

iii) All equipment, tools, plant taken from the KMSCL have been

returned by the Contractor. iv) Any other material, taken on loan/transfer from other agency have been returned by the Contractor. v) All power and water supply connections taken for the execution of

the works have been disconnected by the Contractor.

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vi) Rectifications of any damage done by the Contractor to the work

executed have been satisfactorily done by the Contractor. vii) The works shall not be considered as completed until KMSCL has

certified in writing that they have been completed and the defects Liability Period shall commence from the date of such certificate.

7.6 TAKING OVER :7.6 TAKING OVER :7.6 TAKING OVER :7.6 TAKING OVER :

After completion of works or any substantial part of the works before the completion of the whole of the works, the Contractor shall notify the KMSCL in writing, who within 15 days of receipt of the said notice shall give such certificate with respect to any substantial part of the works which has been both completed to the satisfaction of KMSCL and occupied or used by the KMSCL or refuse to issue the same stating the reasons thereof in writing. When any such certificate is given in respect of a part of the works, such part shall be considered as completed for the purpose of taking over and computation of the period of maintenance of such part, that is, such period shall commence from the date of completion of such part of the works as certified . The works in whole or part shall not, however, be treated as completed for the purpose of other relevant clauses hereof unless and until the provisions of clause 7.5. here of are fully complied with.

7.7 MAINTENANCE :7.7 MAINTENANCE :7.7 MAINTENANCE :7.7 MAINTENANCE : For a period of 12 months commencing immediately after taking over of

the work by the KMSCL, the Contractors liability shall be to replace the defective parts, rectify/reconstruct the defective work that may develop of his own construction or those of his sub Contractors approved by theKMSCL (under clause 2.1 and 2.2) arising solely from faulty materials or workmanship.

If it is necessary for the Contractor to rectify/ reconstruct any defective

portions of the work under the contract, the provision of this condition shall apply to the portions of work so replaced or renewed until the expiration of three months from the date of such replacement or renewal or until the end of the above mentioned period of twenty four months, whichever may be later. If any defects be not remedied within a reasonable time the KMSCLmay proceed to do the work at Contractor's risk and expense, but without prejudice to any other rights which the KMSCL may have against the Contractor in respect of such defects. The Contractor shall bear the cost of such repairs/rectifications carried out on his behalf at site. Immediately upon satisfactory completion of the

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maintenance period the Company shall issue a final certificate indicating that the Contractor has completed his obligation under the contract.

8. 8. 8. 8. TERMITERMITERMITERMINATION NATION NATION NATION AND BACK CHARGING AND BACK CHARGING AND BACK CHARGING AND BACK CHARGING OF CONTRACT :OF CONTRACT :OF CONTRACT :OF CONTRACT : 8.1 TERMINATION OF CONTRACT:

If the Contractor has abandoned the contract or has failed to proceed with the work due to negligence or the progress on any particular item or items is slow or has failed to execute the work in accordance with the terms and conditions of the contract, is persistently or frequently neglecting to carryout his obligation under the contract, then it shall be lawful for the KMSCL to terminate the contract forthwith under written notice and to proceed with the balance of the work through any other agencies. During the course of execution of the job, in case the Contractor has done any substandard work, he shall be asked in writing to dismantle and redo the same at his own expenses. If the Contractor fails to comply with the above instructions immediately, then the KMSCL shall proceed with the above rectification work, through another agency or agencies. Similarly, if the Contractor goes slow on any particular item or items of work, the KMSCLshall have the right to execute this item or items through another agency or agencies, including its own department.

8.28.28.28.2 BACK CHARGING THE CONTRACTOR :BACK CHARGING THE CONTRACTOR :BACK CHARGING THE CONTRACTOR :BACK CHARGING THE CONTRACTOR : Extra cost and expenses incurred for completing the work or balance work or carrying out the rectification of any work as mentioned above through another agency or agencies including its own department, shall be debited to Contractor's account and shall be recovered from any money due or that may become due to the Contractor without prejudice to any other remedy that may be available to the KMSCLin law. If there is any savings in cost due to re-arrangement or supplementing through other agencies the original contractor will not have any claim on this.

9. ALTERATIONS, ADDITIONS AND OMISSIONS :9. ALTERATIONS, ADDITIONS AND OMISSIONS :9. ALTERATIONS, ADDITIONS AND OMISSIONS :9. ALTERATIONS, ADDITIONS AND OMISSIONS : 9.1 VARIATION :

The contractor with the approval of the KMSCLshall be entitled to make any variation of the quality or quantity of the works or any part thereof that may in his opinion, be necessary and for that purpose, or if for any other reason it shall, in his opinion be desirable, he shall have power to order the Contractor to do and the Contractor shall do any of the following: a Increase or decrease the quantity of any work included in the contract. b) Omit any portion of work.

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c) Change the character or quality or kind of any such work. d) Change the levels, lines, position and dimensions of any part of works

and, e) Execute additional work of any kind necessary for the completion of the works, and no such variation shall in any way initiate or invalidate the contract but the value, if any, of all such variations shall be taken into account in ascertaining the amount of the contract price.

9.2 ORDERS FOR VARIATIONS TO BE IN WRITING 9.2 ORDERS FOR VARIATIONS TO BE IN WRITING 9.2 ORDERS FOR VARIATIONS TO BE IN WRITING 9.2 ORDERS FOR VARIATIONS TO BE IN WRITING :::: No variation shall be made by the Contractor without an order in writing of the KMSCL. Provided that no order in writing shall be required for increase or decrease in the quantity of any item of work where such increase or decrease is the result of the actual quantities exceeding or being less than those stated in the bill of quantities which are estimates. In such cases, the Contractor shall be paid only for the actual quantity of work done as certified by the Consultant at the accepted unit item rates and no compensation shall be allowed. Provided also that if for any reason the Consultant shall consider it desirable to give any such order verbally, KMSCL shall comply with such order but it must be followed by confirmation in writing of such verbal order given byKMCL, which shall be deemed to be an order in writing within the meaning of this clause.

9.39.39.39.3 EXTRA ITEMS :EXTRA ITEMS :EXTRA ITEMS :EXTRA ITEMS : Extra items will be classified as additional, substituted or altered items,

depending on their relation or otherwise to the original item or items of work and all extra items are to be approved by KMSCL.

Rates for authorized extra items, additional, altered or substituted work as may be ordered shall be determined by the KMSCL as follows:

a. In the case of all extra items whether additional, altered or substituted, if accepted rates for identical items provided for in the contract, such rates shall be applicable.

b. In the case of extra items whether altered or substituted, for which similar items exists in the contract, the rates shall be derived from the original item by appropriate adjustment of cost of affected components. The percentage excess or deduction of the contract rate for the original item with reference to the estimated rate shall be applied in deriving the rates for such items.

c. In the case of extra items, whether altered or substituted, for which similar items do not exist in the contract, the rates shall be arrived at on the basis of provisions of Standard Data Book and Schedule of Rates of Public Works Department of Kerala by adding profit of 10% and applying the contractors’ quoted percentage above or below.

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d. In the case of extra items, whether additional, altered or substituted, for which the rates cannot be derived from similar items in the contract, and only partly from similar items in the contract, and only partly from the public work departmental rates, the rates for such part or parts of items as are not covered in the schedule of rates shall be determined by the KMSCLon the basis of the prevailing market rates giving due consideration to the analysis of the rate furnished by the contractor with supporting documents, including Contractor's profit. This shall be added on to the P.W.D. Departmental Rate (including contractor's profit) for the other part or the items for which the rates can be derived from the schedule of rates of P.W.D. adjusting the percentage quoted for this part alone.

e. In the case of extra item whether additional, altered, substituted, for which the rates cannot be derived either from similar item of work in the contract or from the departmental schedule of rates, the Contractor shall within 14 days of the receipt of order to carry out the said extra item of work, communicate to the Engineer the rate which he proposes to claim for the item, supported by analysis of the rate claimed and the KMSCL shall within one month thereafter, determine the rate on the basis of the market rate giving due consideration to the rate claimed by the Contractor.

9.4 REBATE/EXTRA OVER ORIGINAL ITEM :9.4 REBATE/EXTRA OVER ORIGINAL ITEM :9.4 REBATE/EXTRA OVER ORIGINAL ITEM :9.4 REBATE/EXTRA OVER ORIGINAL ITEM : If there is a deviation in the specification of particular item of the tender, rebate/extra over the quoted rate shall be generally derived as follows:

A For items not covered in the schedule, rebate/extra shall be derived based on observation/analysis of labour and materials involved in such items with the prior approval of the KMSCL.

9.5 ITEMS OF AD9.5 ITEMS OF AD9.5 ITEMS OF AD9.5 ITEMS OF AD----HOC NATURE:HOC NATURE:HOC NATURE:HOC NATURE: The Contractor shall procure necessary materials and carry out

miscellaneous work of ad-hoc nature specifically provided with necessary tools and tackles as may arise during execution of the contract. The actual quantum of work shall be certified and settled by KMSCL and payment for the same shall be fixed on the basis of actual cost plus overheads, profits and establishments taken at 10% of the cost.

9.6 CLAIMS :9.6 CLAIMS :9.6 CLAIMS :9.6 CLAIMS :

The Contractor shall send to KMSCL, giving full and detailed particulars with proper analysis of all claims for any additional expense to which the Contractor may consider himself entitled and of all extra items of work ordered byKMSCL, which he has executed, within one month of execution of such work, and no claim for payment for any such work will be considered which has not been included in such particulars. Provided always that the KMSCL shall be entitled to authorise payment to be made for any

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such work not withstanding the Contractor's failure to comply with this condition, if the Contractor has at the earliest practicable opportunity notified the KMSCL in writing, that he intends to make a claim for such work.

9.79.79.79.7 VARIATION IN CONTRACT VALUEVARIATION IN CONTRACT VALUEVARIATION IN CONTRACT VALUEVARIATION IN CONTRACT VALUE

The rate quoted shall remain form for any variation upto ± 25% of the total contract price.

10. MEASUREMENTS 10. MEASUREMENTS 10. MEASUREMENTS 10. MEASUREMENTS

10.1 QUANTITIES:10.1 QUANTITIES:10.1 QUANTITIES:10.1 QUANTITIES:

The quantities set out in the bill of quantities are the estimated quantities of the

work. They are not to be taken as the actual and correct quantities of the works, to be executed by the Contractor in fulfillment ofhis obligations under the contract.

10.2 WORKS TO BE MEASURED:10.2 WORKS TO BE MEASURED:10.2 WORKS TO BE MEASURED:10.2 WORKS TO BE MEASURED:

The KMSCL shall, except as otherwise stated, ascertain and determine by measurement the value in terms of the contract. He shall when he requires any part or parts of the works to be measured, give notice to the Contractor's authorised agent or representative, who shall forthwith attend or send a qualified agent to assist the KMSCL or their representative in making such measurement, and shall furnish all particulars required by either of them. Should the Contractor not attend or neglect or omit to send such agents, then the measurement made by KMSCL approved by him, shall be taken to be the correct measurement of the work. For the purpose of measuring such permanent work as is to be measured by record and drawings, KMSCL shall prepare records and drawings month by month and the Contractor, as and when called upon to do so in writing, shall within fourteen days, attend to examine and agree such records and drawings with the Consultant's representative and shall sign the same when so agreed. If the Contractor does not so attend to examine and agree such records and drawings they shall be taken to be correct. If, after examination of such records and drawings, the Contractor does not agree to the same or does not sign the same as agreed, they shall nevertheless be taken to be correct, unless the Contractor shall, within fourteen days of such examination, lodge with the KMSCL for decision by the Consultant, notice in writing of the respects in which such records and drawings are claimed by him to be incorrect.

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B)B)B)B) PAYMENT PAYMENT PAYMENT PAYMENT TERMSTERMSTERMSTERMS 1) 90% payment against final bill after 30 days. 2) 5% payment after 1 month of work completion 3) 5% payment to be paid after 1 year of handing over successfully by KMSCL.

10.3 METHOD OF MEASUREMENT:10.3 METHOD OF MEASUREMENT:10.3 METHOD OF MEASUREMENT:10.3 METHOD OF MEASUREMENT:

The works shall be measured in accordance to relevant IS codes notwithstanding any general or local custom, except where otherwise specifically described or prescribed in the contract.

10.4 PROVISIONAL SUMS:10.4 PROVISIONAL SUMS:10.4 PROVISIONAL SUMS:10.4 PROVISIONAL SUMS: "Provisional sum" means a sum included in the contract and so designated in the bill of quantities for execution of works or the supply of goods, materials or services or for contingencies, which sum may be used, in whole, or in part, or not at all, at the direction or discretion of the KMSCL. The contract price shall include only such amounts in respect of the work, supply or services to which provisional sums relate as the KMSCL shall approve or determine. The Contractor shall when required by theKMSCL , produce all quotations, invoices, voucher, and accounts or receipts in connection with expenditure respect of provisional sums.

11. 11. 11. 11. SETTLEMENT OF DISPUTES: SETTLEMENT OF DISPUTES: SETTLEMENT OF DISPUTES: SETTLEMENT OF DISPUTES: 11.1 11.1 11.1 11.1 MATTER TO BE SETTLED BY MATTER TO BE SETTLED BY MATTER TO BE SETTLED BY MATTER TO BE SETTLED BY KMSCLKMSCLKMSCLKMSCL::::

All disputes and differences of any kind whatsoever arising out of or in connection with the contract, whether during the progress of the works or after their completion shall be referred by the Contractor to the KMSCLand the KMSCLshall within a reasonable time after their presentation make and notify decisions thereon in writing. The decisions, directions, clarifications, measurements, drawings and certificates with respect to any matter, the decision for which is specially provided for by these or other special conditions to be given and made by the KMSCL.KMSCL are matters which are referred to hereinafter as accepted matters and shall be final and binding upon the Contractor and shall not be set aside on account of non-observance of any formality, any omission, delay or error in procedure in or about the same, or on any other grounds or for any reason and shall be without Appeal.

11.2 Disputes if any arising out of or in any way connected with this Agreement

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shall be deemed to have arisen in Thiruvananthapuramand only the courts in Thiruvananthapuram shall have jurisdiction to determine the same.

12.12.12.12. NOTICES NOTICES NOTICES NOTICES 12.1 SERVICE OF NOTICE ON CONTRACTOR:

All certificates, notices or written orders to be given by the KMSCL to the Contractor under terms of the contract shall be served by sending by post or delivering the same to the Contractor's place of business or such other address as the Contractor shall nominate for this purpose.

12.2 12.2 12.2 12.2 SERVICE OF NOTICE ON SERVICE OF NOTICE ON SERVICE OF NOTICE ON SERVICE OF NOTICE ON KMSCLKMSCLKMSCLKMSCL:::: All notices to be given to the KMSCLunder the terms of the contract shall be

served by sending by post or delivering the same to the KMSCL’s address. 13. The contractor shall strictly observe the safety codes and labour laws as

detailed under: SAFETY CODESAFETY CODESAFETY CODESAFETY CODE

1. First aid appliances including adequate supply of sterilized dressings and

cotton wool shall be kept in a readily accessible place. 2. An injured person shall be taken to a public hospital without loss of time, in

cases where the injury necessitates hospitalization. 3. Suitable and strong scaffolds should be provided for workmen for all works

that cannot safely be done from ground. 4. No portable single ladder shall be over 8 meters in length. The width between

the side rails shall not be less than 30cm.(clear) and the distance between two adjacent rungs shall not be more than 3 cm. When a ladder is used an extra mazdoor shall be engaged for holding the ladder.

5. The excavated material shall not be placed within 1.5 metres of the edge of the

trench of half of the depth of trench whichever is more. All trenches and excavations shall be provided with necessary fencing and .lighting.

6. Workers employed on mixing and handling material such as Rubble, cement

mortar or concrete etc shall be provided with protective footwear and rubber hand-gloves.

7. Those engaged in welding works shall be provided with welder’s protective

eye-shields and gloves.

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8. Hoisting machines and tackle used in the works, including their attachments,

anchorage and supports shall be in perfect condition. 9. The ropes used in hoisting or lowering material or as a means of suspension

shall be of durable quality and adequate strength and free from defects. 10. The contractor assured QHSE (Quality Health Safety and Environmental)

policy and procedure as per national and International standards. ACCIDENTS HOARDING LIGHTING ACCIDENTS HOARDING LIGHTING ACCIDENTS HOARDING LIGHTING ACCIDENTS HOARDING LIGHTING –––– OBSERVATIONS WATCHMANOBSERVATIONS WATCHMANOBSERVATIONS WATCHMANOBSERVATIONS WATCHMAN (a) When excavations have been made obstacles have been put in public through

faces or in places where there is any likehood of accidents, the contractor shall comply with any requirements of law on the subject, and shall provide suitable boarding lighting and watchman as necessary.

(b) It shall be the contractor’s sole responsibility to protect the public and his

employees against accident from any cause and shall indemnify Governments, against any claims for damages for injury to person or property, resulting from any such accidents and he shall where the provisions of the Workmen’s Compensation Act - apply, take steps so properly insure against any claims there under.

(c) On the occurrence of an accident which results in the death of any of the

workmen employed by the contractor which is so serious as to be likely to result in the death of any such workmen the contractor shall within 24 hours of the happening of such accident intimate in writing to the KMSCL, the fact of such accident. The contractor shall indemnify KMSCL against all loss or damage sustained by KMSCL resulting directly or indirectly from his failure to give intimation in the manner aforesaid, including the penalties or fines if any payable by KMSCL as a consequence of KMSCL’s failure to give notice under the Workmen’s Compensation Act or otherwise conform to the said Act in the regard to such accident.

(d) In the event of an accident in respect of which compensation may become

payable under the Workmen’s Compensation Act VIII of 1973 whether by the contractor such sum or sums of money as may be, in the opinion of the KMSCL shall be final in regard to all matters arising under this clause.

FAIR WAGE CLAUSEFAIR WAGE CLAUSEFAIR WAGE CLAUSEFAIR WAGE CLAUSE

(a) The Contractor shall pay not less than fair wage to labourers engaged by him

on the work.

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“Fair Wages” means wages whether for time or piece work notified at the time of inviting for the work and where such wages have not been so notified the wage prescribed by Kerala PWD for the District in which the work is done.

(b) The Contractor shall notwithstanding provisions of any contract to the Contract cause to be paid fair wage to labourers indirectly engaged on the work including any labour engaged by his sub-contractor in connection with said work as if labourers had been immediately employed by him.

(c) In respect of all labour directly or indirectly employed in the work for

performance of the contractor’s part of the Agreement the Contractor shall comply with or cause to be complied with provisions of the Contract Labour (Regulations and Abolition) Act 1970, Minimum Wages Act 1948, Payment of Wages Act 1936 and Any Amendments thereof and all Legislations and Rules of this State and / or Central Govt. or other Local Authority framed by time to time, Governing the protection of Health, Sanitary Arrangements wages, Welfare, Safety Bonus, Retirement benefits, Retrenchment/Layoff compensations to payment of wages not paid and deduction unauthorisly made maintenance of wage register other terms of employment, inspection and submission periodical returns and all wage cards, publications of scale of wage and returns and all other matters of like nature and shall indemnify KMSCLfrom all or any claims coming under the above Acts and Rules.

(d) The KMSCL shall have the right to deduct from the money due to the

Contractor and any sum required or estimated to be required for making good the loss suffered by a worker or workers by reason of nonfulfillment of the Conditions of the Contract for the benefit of the works no payment of wages or deductions made from his or their wages which are not justified by the terms of the Contractor of non-observance of the regulations.

(e) The regulation aforesaid shall be deemed to be a part to this contract. LABOUR LAWSLABOUR LAWSLABOUR LAWSLABOUR LAWS

The Contractor shall comply with the provisions of all Labour Legislation including the requirements of:

(a) Payment of Wages Act (b) KMSCL’s Liability Act (c) Workman’s Compensation Act (d) Contract Labour (Regulation and Abolition) Act

1970 & Central Rules 1971 (e) Apprentice Act, 1961 (f) Any other act or enactment relating employment of labour and rules

framed there under from time to time. The Contractor shall keep the KMSCL saved harmless and indemnified against claims, if any, of his workmen and all costs and expenses as may be incurred by the KMSCL in connection with any claim that may be made by any workmen.

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The Contractor shall have to obtain license under the said Act and rules and comply with all provisions and obligations. The Contractor shall furnish all information required by the KMSCL and also indemnify the KMSCL against any penalties / claims arising from any default on his part.

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SECTION SECTION SECTION SECTION ---- VVVV

Minimum Eligibility Criteria of TenderMinimum Eligibility Criteria of TenderMinimum Eligibility Criteria of TenderMinimum Eligibility Criteria of Tenderererererssss .

Eligibility CriteriaEligibility CriteriaEligibility CriteriaEligibility Criteria

1. The tendererers should have satisfactorily completed one similar works of value not less than 50% of PAC of the work in a single Contract, during the last 3 years as Prime Contractor (satisfactory completion certificate from the Client for the work done should be submitted along with the application for issue of tender document).

2. Average annual turnover should be more than PAC of the work for three

preceding years. (Audited Balance sheets showing turnover, Profit & Loss account of the firm for the preceding 03 years should be submitted along with the application for issue of tender document.)

3. The tenderer should have a valid Service Tax Registration Certificate.

(The copy of the same shall be produced along with the application for issue of tender document)

4. For Civil works,Contractors should have appropriate class of registration. 5. The electrical works are to be carried out by licenced wireman/contractor.

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SECTION VISECTION VISECTION VISECTION VI

SPECIAL CONDITIONS OF CONTRACTSPECIAL CONDITIONS OF CONTRACTSPECIAL CONDITIONS OF CONTRACTSPECIAL CONDITIONS OF CONTRACT 1. Lumpsum items will be paid for only as per actuals based on detailed

measurements when they are measurable or on details of labour and materials limiting to the lumpsum quoted by the contractor or the lumpsum provided in sanctioned estimated whichever amount is lower.

2. All items not included in the tender and agreement schedule will be classified

as extra items only. The contractor shall be bound to carry out all extra items not provided for in the schedule but found necessary during actual execution of work for proper completion of the project The execution of extra item of work and payment therefore will be based on the following conditions

(i). There shall be an order in writing to execute the extra item of work duly

signed by the or his authorized engineer. (ii) The rates for extra item shall be worked out based on relevant clauses

of the General Conditions of Contract 3. All sums found due to Government/other statutory agencies from the

contractor on account of this contract shall be duly settled by the contractor failing which KMSCL shall have the right to recover the same from the bills.

4. Cement and Steel to be purchased by the contractor for use of the work, will

be permitted to be used only after verification and approval by KMSCL they are verified and their quality checked with reference to invoices etc.

5. Broken Stone of the required size alone should be brought to site of the work. Breaking boulders or rubble into broken stone will not be allowed either on or side of the road. Broken stone should be stocked on one side of the road only such a way as not to cause any hazards to traffic. The stacked at the side of the road without affecting the normal traffic stacked should be formed as per standard profile following in the PWD.

6. All items should be carried out as per relevant specification and all the clauses of preliminary specifications should be complied with.

7. The Contractor alone is responsible for the safety of his labourers and

damages, if any, payable under workmen’s Compensation Act will be to his debit.

8. Defects, if ay noticed within the specified defects liability period from the date of completion of the work shall be rectified by the contractor in default of

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which this will be attended by the KMSCL and the cost made good from the Contractor.

9. The contractor agrees that before final payment shall be made on the contract

he will sign and deliver to the KMSCL either in the measurement book or otherwise as demanded a valid release discharge from any and all claims and demands whatsoever for all matters arising out or connected with the contract provided that nothing in this Clause shall discharge or release the Contractor from his liabilities under the Contract. It is further expressly agreed that the on supplying the final measurements Certificates need not be bound by the preceeding measurements and payments. The final measurements if any, of the shall be final conclusive and binding on the Contractor.

10. The tender notice shall form part of the Agreement. 11. The date fixed for commencement and completion of works shall be strictly

observed by the Contractor. One fourth of the work to be done when one fourth of the whole time allowed for it has elapsed, one half of the work when one half of the time allowed elapsed , and three fourth of the works when three fourth of the time has elapsed. In case the above rate of progress is not achieved, penalty clause will be applied on the further payments at specified rate for the subsequent interim bills . The penalty thus levied will be released if the delay is made up subsequently and the work completed as per schedule. However if due to reasons not attributable to the contractor, the above rate of progress could not be maintained the contractor may apply in writing to the for modification of the rate of progress indicating the reasons therefore. The may recommend to KMSCL the modification in rate of progress . However, the work shall be completed with in the overall time specified.

12121212.... Extension of time of Extension of time of Extension of time of Extension of time of completion of work and fine:completion of work and fine:completion of work and fine:completion of work and fine: To take care of any departmental delays or delay occurring due to unexpected

technical problems faced during execution of a work which are not attributable to the contractor, the contractor may request for time extension quoting the reasons,. After analyzing the reasons, and based on the recommendation of the , appropriate time extension will be allowed, to complete the work.

The extension will not be granted if the extension is necessitated due to the default on the part of the contractor. 15. The Contractor has to engage the following staff during the construction

period. One No Site Supervisors – “Diploma” with atleast 5 years experience Other staff like Storekeeper and Watch & Ward as required and as

directed. 16. The method of measurement will be as per Indian Standard 1200-1958

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18. The rates quoted by the Contractor shall be inclusive of Labour welfare fund

to be paid to the Departments. 19. The quantities provided for in the schedule may vary widely and the

Contractor should be prepared to do any excess over the Schedule Quantities. Sd/Sd/Sd/Sd/----

BijuPrabhakar IASBijuPrabhakar IASBijuPrabhakar IASBijuPrabhakar IAS Date: 25/06/2012. Managing Director, KMSCLManaging Director, KMSCLManaging Director, KMSCLManaging Director, KMSCL

& Tender Inviting Authority& Tender Inviting Authority& Tender Inviting Authority& Tender Inviting Authority

I/We hereby declare that I/We have read and understood the above instructions and the terms and conditions mentioned above are binding on me/us.

SIGNATURE OF THE TENDERER.

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SECTION VIISECTION VIISECTION VIISECTION VII

TECHNICAL SPECIFICATIONSTECHNICAL SPECIFICATIONSTECHNICAL SPECIFICATIONSTECHNICAL SPECIFICATIONS(CIVIL)(CIVIL)(CIVIL)(CIVIL) GENERAL

i. The following technical specification, code of practice etc. referred herein are form a part of the Item Specification and work shall be executed accordingly. Items which are not covered under Technical Specification shall be carried out as per relevant IS Specification or as per manufactures specification or as directed by Engineer-in- charge. ii. In case of discrepancy between technical specification and item specification provided along with Bill of Quantities, the Item Specification shall prevail. iii. All the measurements shall be as per latest edition of B.I.S.

iv. The following technical specification, code of practice etc. referred herein is form a part of the Item Specification and work shall be executed accordingly. Items which are not covered under Technical Specification shall be carried out as per relevant IS Specification or as per manufactures specification or as directed by Engineer-in-charge.

v. In case of discrepancy between technical specification and item specification provided along with Bill of Quantities, the Item Specification shall prevail.

vi. All the measurements shall be as per latest edition of B.I.S.

1.00 EARTH WORKEARTH WORKEARTH WORKEARTH WORK

1.1 Applicable CodesApplicable CodesApplicable CodesApplicable Codes

The following Indian Standard Codes, unless otherwise specified herein, shall be applicable. In all cases, the latest revision of the codes shall be referred to.

a) IS - 4081 Safety code for blasting and related drilling operation.

b) IS - 1200 Method of measurement of building works.

c) IS - 3764 Safety code for excavation work.

d) IS - 3385 Code of practice for measurement of Civil Engineering works.

e) IS - 2720 Part II Determination of moisture content.

Part VIII Determination of moisture content dry density relation using light compaction.

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Part XXVIII Determination of dry density of soils, in-place by the sand replacement method.

Part XXIX Determination of dry density of soils, in-place, by the core cutter method.

1.2 GeneralGeneralGeneralGeneral

1.2.1 Contractor shall carry out the survey of the site before excavation and set properly all lines and establish levels for various works such as earthwork in excavation for leveling, basement, foundations, plinth filling, roads, drains, cable trenches, pipelines, etc. It is necessary to establish permanent bench mark at such point which will not be affected by subsequent work. Such survey shall be carried out by taking accurate cross sections of the area perpendicular to established reference/grid lines at 5 m intervals or nearer as determined by Consultant based on ground profile.

1.2.2 The area to be excavated/filled shall be cleared of fences, trees, plants,

logs, slumps, bush, vegetation’s, rubbish slush, etc., and other objectionable matter. If any roots or stumps of trees are found during excavation, they shall also be removed. The material so removed shall be burnt or disposed off as directed by Engineer. Where earth fill is intended, the area shall be stripped of all loose/soft patches, top soil containing deleterious matter/materials before fill commences.

1.2.3 In firm soil if the excavation is deeper than 2 m and in loose, soft or

slushy soil, the width of the step shall be suitably increased or the sides sloped or shoring and strutting may be done as per the Engineer’s instructions without any extra cost.

1.2.4 For excavation in trenches for pipes nothing extra shall be payable for

the lift irrespective of the depth unless specifically mentioned otherwise in the Schedule of Quantities.

1.2.5 The trenches which are ready for concreting shall be got approved by

the Engineer. 1.2.6 The excavated stacked earth shall be refilled in the trenches and sides

of foundation in 200 mm layers and the balance surplus shall be first filled in layers in plinth and the remaining surplus shall be disposed off by uniform spreading within the site/outside the site as directed by the Engineer.

1.2.7 Adequate protective measures shall be taken by the Contractor to see

that the excavation for the building foundation does not affect the

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adjoining structure’s stability and safety. Contractor will be responsible if he has not taken precaution for the safety of the people, workers property or neighbour’s property caused by his negligence during the constructional operations.

1.2.8 LeadLeadLeadLead

Lead for disposal of excavated material inside the site and at convenient places in the surrounding areas have been specified in the respective items of work and no other extra lead is intended.

1.2.9 Filling in plinth with selected excavated earthFilling in plinth with selected excavated earthFilling in plinth with selected excavated earthFilling in plinth with selected excavated earth

Plinth shall be filled in layers 15 - 30 cm, of thickness or as specified in items specification watered and compacted with hand rammers as directed by the Consultant, so as to avoid any settlement at later stage. For the final layer the surface shall be flooded with water and water allowed to stand for 24 hours. The finished level of the filling shall be trimmed to the level specified.

1.3 Where specified in the item description given in the Schedule of

Quantities that the compaction of the plinth fill shall be carried out by means of 10/12 tones rollers smooth wheeled, sheep-foot or wobble wheeled rollers. As rolling proceeds water sprinkling shall be done to assist consolidation. Water shall not be sprinkled in case of sandy fill.

3. Reinforcement SteelReinforcement SteelReinforcement SteelReinforcement Steel

GeneralGeneralGeneralGeneral

a. Reinforcement bars, if supplies are arranged by contractor unless otherwise specified, shall be either plain round mild steel bars grade I as per IS 432 (Part I) or medium tensile steel bar as per IS 432 (Part I) or hot rolled mild steel and medium tensile steel deformed bars as per IS 1139 or cold twisted steel bars as per IS 1786, as shown and specified on the drawings. Wire mesh or fabric shall be in accordance with IS 1566. Substitution of reinforcement will not be permitted except upon written approval from Engineer.

Plain round mild steel bars grade II as per IS 432 (Part I) may be used with prior approval of Engineer in writing and with 10% increase in the reinforcement area but its use shall not be permitted in structures located in earthquake zones subjected to severe damage (as per IS 1895) and for structures subject to dynamic loading (other than wind loading), such as frames supporting rotary or reciprocating machinery, etc.

b All reinforcement shall be clean, free from grease, oil, paint, loose mill scale, loose rust, dust, bituminous material or any other substances that

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will destroy or reduce the bond. All rods shall be thoroughly cleaned before being fabricated. Pitted and defective rods shall not be used.

c All concrete in the works shall be of design mix as defined in IS 456, unless it is a nominal mix concrete such as 1:3:6, 1:4:8 or 1:5:10. Whether reinforced or otherwise, all design mix concrete works to be carried out under this specification shall be divided into the following classifications:

4 Providing, fabricating and placing in position reinforcement steelProviding, fabricating and placing in position reinforcement steelProviding, fabricating and placing in position reinforcement steelProviding, fabricating and placing in position reinforcement steel The quality of the steel shall be as mentioned in the materials section.

The bars shall be fabricated as per the drawings. Laps and splices for reinforcement shall be as shown on the drawings. Splices in adjacent bars shall be approved by Engineer. The bars shall not be lapped unless the length required exceeds the maximum available lengths of bars at site.

5. Rubble MasonryRubble MasonryRubble MasonryRubble Masonry

a Stones for this work shall be hard, durable rock, close or fine grained and uniform in colour free from veins, flaws and other defects and shall conform to IS:1597 (Part I). The stones shall be laid in mortar proportions specified for the particular item of work. Stones shall be got approved.

b For all work below ground level the masonry shall be random rubble uncoursed with ordinary quarry dressed stones or hearting and faced with selected quarry dressed stones.

c For all work above ground level the masonry shall be random rubble faced with hammer dressed stones with squared quoins at joints and corners.

d No stones shall tail into the wall, either with a point or to length less than

11----2 times its height. The thickness of the joints shall not exceed 12 mm.

e Spauls and pinnings shall not be allowed to show on the face of the wall. Two bond stones each of minimum area of 500 sq.cm for every 1.0 sq.m. of each wall face shall be provided. These shall be through stones in walls 600 mm thick and under, in walls thicker than 600 mm the length of bond stones shall be 2/3 times the thickness of walls. The stones for hearting of the wall shall not be less than 150 mm in any direction. Chips and spauls shall be wedged in to avoid thick mortar beds and joints. The wall faces, corners and joints or openings shall be truly vertical the quoins shall be of selected stones, neatly dressed with chiesel to form the required angle and laid header and stretcher alternatively.

f The exposed face of the work shall be carefully and neatly pointed with mortar in all joints on the other side the joints shall be neatly struck with trowel while the mortar is fresh.

g The mortar for the work shall be as specified in the respective item of work. Curing of masonry shall continue for a minimum of ten days.

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6. FLOORINGFLOORINGFLOORINGFLOORING

5.6.1 Applicable codes

1) IS:1443- Code of practice for laying and finishing of cement concrete flooring tiles.

2) IS:2114 -Code of practice for laying in situ terrazzo floor finish

5.6.2 Ceramic tiles in flooring, skirting and dado

7.... Vitrified Tile FlooringVitrified Tile FlooringVitrified Tile FlooringVitrified Tile Flooring The vitrified tiles shall be of approved quality, size and uniform thickness and shall

be hard, sound, dense and homogeneous in texture. It shall be uniform in shade free from stains, cracks and defects.

The Dimensional variations, surface quality, physical properties and chemical properties of tiles shall be as per internationally accepted relevant standards.

The edges are straight, with square edges and free from chippings. Tiles should be laid on a bed of cement mortar as specified in item specifications. Thickness of mortar bedding shall be specified in the item specifications and a neat cement shall be spread over the mortar bed. The tiles shall be placed one by one, keeping in check the level and line of the flooring. Tiles are wetted before placing. The tiles are then gently tapped with wooden mallet till it is firmly and properly bedded. There should be no voids left. The joint should be finished with tile joint filler of approved make and shade. The pattern of the flooring shall be as per the architectural drawings or as directed by Engineer-in-charge.

The base concrete or the RCC slab on which the tiles are to be laid shall be cleaned, batted and mopped. the minimum thickness of bed mortar shall not be less than 12mm. Any undulation in the base concrete or RCC slab shall be corrected by cement mortar without any extra cost and any additional leveling required beyond max. mortar thickness to be carried out with cement concrete.

The flooring shall be cured for a minimum period of 7 days. The surface of the flooring shall be laid to levels and slopes as directed by Engineer-in-charge.

The tiles which are fixed in the floor adjoining the wall shall enter not less than 12mm under the skirting or dado. The junction between the wall plaster and the floor shall be finished neatly and without waviness.

The free edges shall be cut as per the pattern and shall be polished to match with flooring.

Engineer-in-charge has liberty to ask for any tests with respect to physical and chemical properties, etc. and the contractor shall arrange the same without any extra cost.

8. GlassGlassGlassGlass

a. Sheet glass or plate glass shall be of Indian make as specified in the Schedule of Quantities/as directed. It shall be free from waves and bubbles and all defects. The thickness of the glass shall be as follows:

2 mm thick glass for panes upto900 sq.cm. area

3 mm thick glass for panes from 900 - 5500 sq.cm. area

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4 mm thick glass for panes 5500 - 8400 sq.c.m. area

5.5 mm thick glass or plate glass for panes above 8400 sq.cm.

9.... PlasteringPlasteringPlasteringPlastering

a. The surface to be plastered shall be washed with fresh clean water free from all dirt, loose material grease, etc., and thoroughly wetted for 6 hours before plastering work is commenced. Concrete surfaces to be plastered will however be kept dry. The wall should not be too wet but only damp at the time of plastering. The damping shall be uniform to get uniform bond between the plaster and the wall. The junction between the brick work and RCC should be fixed with chicken wire mesh/PVC strip as directed before plaster.

b. The proportion of the mortar shall be as specified under the respective items of work. Cement shall be mixed thoroughly in dry condition and then just enough water added to obtain a workable consistency. The quality of water, sand and cement shall be as mentioned in the Specifications for Concrete & allied works. The mortar thus mixed shall be used immediately and in no case shall the mortar be allowed to stand for more than 30 minutes after mixing with water. The plaster shall be laid in a single coat. The mortar shall be splashed on the prepared surface with a trowel and finished smooth by trowelling. The plastered surface shall be rubbed with iron plate till the surface shows cement paste. The work shall be in line and level. Curing of plaster shall be started as soon as the applied plaster has hardened enough so as not to be damaged. Curing shall be done by continuously applying water in a fine spray and shall be carried out for at least 7 days.

c. The plaster shall be carried out on jambs, lintel and sill faces top and undersides, etc., as shown in the drawing or as directed by the engineer.

10. GENERALGENERALGENERALGENERAL

This section covers the requirements for all materials, labour, tools and equipment for suspended false ceiling.

CODES AND STANDARDSCODES AND STANDARDSCODES AND STANDARDSCODES AND STANDARDS.

The codes and standards generally applicable to the work of this section are listed hereinafter:

IS: 2095 Part - I 1996 & 2052-1981 - Gypsum board. IS: 277 -1982 - Zinc Coating 120 gmsPersqm (both size inclusive)

minimum - For galvanising of M.S. sheets/Sections

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The following clauses are intended to amplify the requirements of the

reference documents listed above and the contractor shall comply with these clauses.

11. MATERIALS MATERIALS MATERIALS MATERIALS FRAME WORKFRAME WORKFRAME WORKFRAME WORK

A GRID of 450 x 1200 mm is made up of GI sections duly suspended from

the RCC roof slab. The sizes of the members shall be:

a) Perimeter channels:.0.5mm thick having one flange of 20mm and another flange of

30mm and a Web of 27 mm. b) Intermediate channel: Channel Section of size 15x45x0.90 mm thick c) Ceiling section: 0.5 mm thick having knurled web of 51.5 mm and 2

flanges of 26 mm each with lips of 10.5 mm.

d) Ceiling angle: 25mmx25mmx0.5mm BOARDS The boards to be used in the false ceiling shall be single layered tapered edge

Gypsum Board ceiling 12.5 mm thick conforming to IS 2095-1996 and 2542-1981. 12. FIXING THE G.I. SUSPENSION FIXING THE G.I. SUSPENSION FIXING THE G.I. SUSPENSION FIXING THE G.I. SUSPENSION SYSTEM TO THE CEILINGSYSTEM TO THE CEILINGSYSTEM TO THE CEILINGSYSTEM TO THE CEILING

The system described here consists of various G.I. components (of sizes mentioned above) used to form a concealed suspended frame work of 450 mm x 1200 mm with one layer of 12.5mm thick Gypsum board confirming IS. 2542 -1981 & IS. 2095 -1982 screwed on the underside of the frame work with self tapping screws.

The G.I. perimeter channels shall be fixed along the perimeter of the ceiling while intermediate channels shall be suspended at 1200 mm c/c with G.I. Angle, G.I. cleats and metal expansion fasteners as per item specification. Ceiling sections are then fixed to the intermediate channels with connecting

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clips perpendicular to the intermediate channel at 450 mm c/c and then parallel to the ceiling section with 25mm dry wall screws at 230 mm centre.

13. FINISHINGFINISHINGFINISHINGFINISHING

The boards shall be finished as per the manufacturer's recommendations. All joints shall be carried out in three separate stages. Filling and tape embedding, finishing and applying a surface treatment to even out differences in surface texture and section.

Filling: All boards shall be securely and correctly attached, protruding

screws or nail heads should be driven home. Gaps greater than 3mm between boards should be treated with jointing compound pressed firmly into the gap so that it is completely filled. Jointing compound used for this purpose should be stiffer than normal.

Tape Embedding: The joint fiber tape shall then pressed into the band of

jointing compound firmly embedded and free from trapped air bubbles, with sufficient joints material under the tape to ensure good adhesion.

Immediately after the tape has been fixed a new layer of material is

applied over it, flush with the surface of the board. Before the material begins to stiffen surplus material wiped from the edges of the joint by light sanding without disturbing the main joint filling. Once the material has dried any slight depressions in the surface can be filled again and projections cut back.

When the material has dried about 1 hour after application, a thin layer of

Gypboard jointing compound is applied in a broad band 200 mm wide. The edges of this band should be immediately feathered out with a light sanding. When the joint material has completely dried another application is made, 250 mm wide and sanded out as before.

14.FINISH

i) The entire false ceiling system shall be finished to the required line & levels as per specifications/drawing & instructions of Consultant to the complete satisfaction of Consultant. Any part of work not found meeting the requirement shall be re-done by the contractor at his own cost. The decision of Consultant shall be final and binding in all respect and nothing extra shall be payable in this regard.

ii) The false ceiling finished to the required line and level shall be applied

with two coats of approved primer as per manufacturers specification and two coats of approved quality and colour plastic emulsion paint.

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iii) The work shall be got executed through specialized agency having sufficient experience in such works to be approved by Consultant.

The first coat of finish shall be allowed to dry before final coat is

applied.

iv. Providing & Applying Cement paint

This may be “SNOWCEM” or of equivalent make. The surface shall be prepared as specified in the specification for white wash. This shall be applied with brush on the plastered wall. The strokes shall be even and it shall be cured atleast for 7 days. No patch or brush stroke shall be seen. Three coats shall be applied.

15. CUTOUTS FOR LIGHT AND A/C FIXTURESCUTOUTS FOR LIGHT AND A/C FIXTURESCUTOUTS FOR LIGHT AND A/C FIXTURESCUTOUTS FOR LIGHT AND A/C FIXTURES

Rate quoted shall include the cost of making cutouts required for fixing light fixtures, air-conditioning diffusers, and fire detectors, etc. as well as for two coats of primer suitable as per manufacturer's specifications. No extra payment shall be made for making cutouts.

The rate also includes the cost of angle bead to be provided for vertical drops

as per drawing. The area of vertical drops shall also be measured for payment.

LIST OF APPROVED MAKE

1 Cement Malabar, Ultra tech, Zuari, Ramco, ACC, India Cements or equivalent as approved

2 Vitrified tile Johnson, Euro, Somany, or equivalent as approved.

3 Paint, Distemper ICI, Berger, Asian, Jotun, Garwar or equivalent as approved

4 Water Proof Cement paint

Super snowcem, Supercem or equivalent as approved

5 Sealers ICI, Berger, Asian or equivalent as approved

6 Wall Putty Altec, NCL, Berger, ICI or equivalent as approved

7 Door Hinges (Heavy Duty brass oxidized)

Hafele, Godrej (or) ozone equivalent as approved

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8 Draw sliders Blum, Mepla, Grass (or) ozone equivalent as approved

9 Gypsum Saint Gobain Gypsum or equivalent as approved

10 Aluminium Ceiling Panels

Armstrong or equivalent as approved

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B. ELECTRICAL SPECIFICATIONSB. ELECTRICAL SPECIFICATIONSB. ELECTRICAL SPECIFICATIONSB. ELECTRICAL SPECIFICATIONS 1.1.1.1. QUALITY OF MATERIALSQUALITY OF MATERIALSQUALITY OF MATERIALSQUALITY OF MATERIALS

The contractor shall use only equipment and materials of approved make and quality in the work with ISI certificate. In case of items for which ISI certification is not available, the approval of KMSCL shall be obtained before arranging supply and installation.

The equipment, Switchboards, Cables, Cable racks, Supports, Wiring conduits etc., should be installed as per IE rules, IS specifications & standards.

2.2.2.2. WIRING INWIRING INWIRING INWIRING IN BUILDINGS FOR LIGHT, FAN AND POWERBUILDINGS FOR LIGHT, FAN AND POWERBUILDINGS FOR LIGHT, FAN AND POWERBUILDINGS FOR LIGHT, FAN AND POWER

1. All materials supplied shall have ISI marks and if ISI marks are not available, they shall be of approved make and quality approved by the KMSCL. The enclosures for switches, sockets, regulators, outlets etc., shall be of recessed /surface mounted type as required. The enclosure shall be made of sheet-steel and painted. Best quality switches, plugs, mounting plates, metal boxes etc., as specified in the schedule alone shall be permitted to be used.

2. Single core stranded copper conductor, FRLS PVC insulated, unsheathed 1100V grade, shall be used for wiring.

3. Wiring shall be done as per following:-

Circuit wiring : 1.5 Sq. mm Light/Fan/6A plug points : 1.5 Sq. mm 16 Amps, 230 V plug points : 2.5 Sq. mm 20 Amps 230V/440V plug points : 4.0 Sq. mm Flexible cord for connecting Light/Fan etc. : 0.5 Sq. mm

4. Red, Blue and Yellow wires shall be used for the phases, black for the neutral and green for covered earthing conductor.

5. The number of wires in conduits shall not exceed those permitted by the relevant BIS code of practice.

6. Conduit size shall be so selected that the maximum number PVC insulated

cobles including earth conductor that drawn in one conduit shall not exceed the numbers shown in the table below. Maximum number of PVC insulated 650V/1100V Grade Aluminium/Copper Conductor cable as per IS-1990.

Normal cross section area of conductor in Sqmm

20mm 25mm 32mm 38mm 51mm

S B

S B

S B

S B

S B

1.50 5 10 18

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4 8 12

2.50 5 3

8 6

12 10

4.00 3 2

6 5

10 8

6.00 2 5 4

8 7

10.00 2 4 3

6 5

8 6

16.00 2 2

3 3

6 5

10 7

Note:Note:Note:Note: i) Column headed ‘s’ apply to runs of conduits which have distance not

exceeding 4.25mm between draw in boxes and which do not deflect from straight by an angle of more than 15 degrees. the columns headed ‘B’ apply run of conduits which deflect from the straight by an angle of more than 15 degree.

ii) The minimum size of conduit shall be 20mm for lighting and 25mm for power

wiring.

7. The total load on a lighting sub circuit shall be 800 Watts. Number of points shall not exceed 10. And the total load on a power sub circuit shall be 3000Watts and there ahall not more than 2 outlets in a power sub-Circuit. And there shall be separate circuit for power and lighting. Separate circuit should be provided for all power socket outlets of 20 Amps or higher.

8. The total load on any distribution board shall be, as far as possible equally distributed over the three phases.

9. Only ISI marked rigid PVC conduit and accessories shall be used for wiring.

10. Only three point ceiling roses shall be used. One run of 1.5/2.5/4.0 Sq.mm PVC insulated copper wire as earth continuity conductor along with the circuit wiring inside the conduit and 1.5/2.5/4.0 Sq.mm FRLS PVC insulated copper as earth continuity conductor along with the point wiring shall be installed in the system. All non-current carrying metal parts of the wiring and fixtures shall be earthed using this wire.

11. Circuit wiring shall include wiring from distribution board up to the control board.

12. Point wiring shall include wiring from the control board up to all the outlets in the point. Wiring shall be carried out by the looping back system. All connections shall be done only inside the inspection boxes, junction boxes or

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enclosures at an accessible position. No running joints shall be made in the wiring.

3.3.3.3. ASASASAS----BUILT DRAWINGSBUILT DRAWINGSBUILT DRAWINGSBUILT DRAWINGS

After completion of work, the contractor shall prepare and submit to the Owner all as-built drawings giving complete details of the electrical installations.

4. ERECTION OF EQUIPMENTS SUPPLIED BY THE OWNERERECTION OF EQUIPMENTS SUPPLIED BY THE OWNERERECTION OF EQUIPMENTS SUPPLIED BY THE OWNERERECTION OF EQUIPMENTS SUPPLIED BY THE OWNER

The cases containing the equipment (being supplied by the owner) shall be handed over to the contractor. The contractor shall make his own arrangements for the erection at site or it has to make

MAKE OF MATERIALSMAKE OF MATERIALSMAKE OF MATERIALSMAKE OF MATERIALS

Sl.noSl.noSl.noSl.no....

DescriptionDescriptionDescriptionDescription Approved makesApproved makesApproved makesApproved makes

1. ELCB/RCBO, MCBs, DBs Legrand, Siemens, ABB, Havells or equalent

2. FRLS PVC wire Finolex, RR kabel, V-guard or equalent

3. PVC Electrical Conduit and accessories.

Avonplast, Balco, Konseal,Geo or equalent

4. Modular Switch & Socket Crabtree Athena ,Legrand-Mosaic,Siemens-Delta vega, or equalent

5. 20A metal clad plug & socket Legrand, Siemens, ABB, or equalent

6. Light Fittings: Wipro,Havels,ABB,Philips or equalent

7. Fan Crompton, Almonard. Kaithan or equalent

NETWORK SpecificationsNETWORK SpecificationsNETWORK SpecificationsNETWORK Specifications LAN CABLINGLAN CABLINGLAN CABLINGLAN CABLING

Cat 6 cable should be used for LAN cabling and to start from the user positions to a wall outlet or floor outlet from there to the active LAN equipment or into backbone cabling. Branded patch cords of 1 meter length should be used in the 4u Rack for the connectivity of panel and switch. The user position has a wall outlet or floor outlet, and this links into the PC on your desk via another patch cord having 2 meter length. The above mentioned wall outlet should be from a branded company like “Belkin or Cisco” and also it should consist of two Rj45 female jack (I/O) in each piece. The backbone cabling from all the nodes should reach the switch in the 4 u rack installed in the Server room. Each connection from the node to the switch should be labelled/numbered properly.

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MAKE OF ITEMSMAKE OF ITEMSMAKE OF ITEMSMAKE OF ITEMS

SL SL SL SL NO:NO:NO:NO:

ITEMSITEMSITEMSITEMS MAKEMAKEMAKEMAKE

1 Cat 6 cable Belkin/Iball

2 RJ 45 i/o Belkin

3 Switch (8 port) Cisco/Belkin

4 3 u Rack Val Rack

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ANNEXURE IANNEXURE IANNEXURE IANNEXURE I

DECLARATION BY TENDERER

I …………………………………………………. hereby declare that I am not related to

an Employee of the KMSCL, Trivandrum who is in charge of or having control of this

work. I agree that if at any stage it is proved that this declaration is untrue, the Earnest

Money / Security Deposit paid by me will be forfeited and the Contract entered will

stand cancelled. It is understood that the relationship with KMSCLTrivandrum

Employee referred to herein will be restricted to my father, Mother, Son, Daughter,

Brother, Sister, Direct Uncle, Nephew, Father –in-Law, Mother-In-Law, Brother-in-Law,

Sister-in-law and first Cousin of the Employee concerned.

SIGNATURE OF THE TENDERER

Place : Date :

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ANNEXUREANNEXUREANNEXUREANNEXURE----IIIIIIII

ARTICLES OF AGREEMENT ARTICLES OF AGREEMENT made on ______________at Trivandrum, between KMSCL,having their Registered Office at …………………………………………………………..Trivandrum, hereinafter called the “KMSCL“(which expression shall, unless it be repugnant to the context or meaning thereof, mean and include its successors and assigns) of THE FIRST PART `and _________________________________, having its Registered Office at ______________________________, hereinafter called the “Contractor” (which expression shall, unless it be repugnant to the context or meaning thereof, mean and include its successors) of THE SECOND PART. AND WHEREAS The KMSCLis desirous of carrying out Construction Works and particularly Civil Works for Proposed …………………………………………………..on its Project Site premises at ………………………….Trivandrum, KERALA. (herein after called the “Work”) AND WHEREAS the Contractor has offered to carry out the work and the KMSCL has agreed to award the work to the Contractor on certain terms and conditions which the parties are desirous of recording. NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The KMSCL and the Contractor agree that The Letter of Intent / Work order issued by KMSCLand all correspondence between KMSCLand the contractor prior to issue of LOI/ Work order along with the Notice Inviting Tender, Instructions to tenderers Tender Form, General Conditions of Contract, Special Conditions, Technical Specifications, Unit Specifications, Detailed Specifications, Schedule/Bill of Quantities and Contract Drawings, etc. defined in greater detail as “Contract Documents” in the General Conditions shall form an integral part of this Agreement. 2. For the consideration hereinafter mentioned the Contractor shall, upon and subject to the “Contract Documents” annexed hereto carry out the said Work. 3. In consideration of the Contractor carrying out the Work, The KMSCL shall pay to the Contractor a sum of Rs.________________ (hereinafter referred to as the “Contractor Sum” ) or such other sums as shall be payable hereunder at the times and in the manner specified herein and the General Conditions annexed hereto.

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4. The said Contract Documents hereto shall be read and construed as forming part of this Agreement and the parties hereto shall respectively abide by and submit themselves to the Contract Documents. The Contractor has no right to assign this agreement without the consent of KMSCL. 5. The Contract shall be an percentage rate contract. The Contract Sum as stated herein is subject to addition & deduction. The Contract Sum payable to the Contractor shall be determined by applying the quoted percentage variation to the Item/Unit Rates in the Schedule/Bills of Quantities attached hereto or such other rates as may be agreed to in writing as variation to the Contract to the as-built quantities measured upon completion of the Work. 6. The Contractor has scrutinized all Drawings, Schedule/Bill of Quantities, Specifications and Conditions of Contract and has visited the site to co-relate the drawings and design intent to the site conditions and Contractor confirms that his prices included in the Schedule/Bill of Quantities have been determined on the basis of such scrutiny of the documents and site conditions. 7. The quantities of pay items shall be measured net after installation in accordance with the units of measurements indicated against each item irrespective of any local custom or practice to the contrary. The Contractor has allowed for all wastage and additional costs, if any, in his prices. 8. The detailed drawings and item descriptions in the Schedule/Bill of Quantities are not exhaustive. They are indicative of the general design intent. The Contractor’s price is inclusive of all component and finishes required to achieve the design intent of each individual item and for co-ordination of details for inter-related items. 9. All disputes arising out of or in any way connected within this agreement shall be deemed to have arisen in Trivandrum and only courts in Trivandrum shall have jurisdiction to determine the same.

IN WITNESS WHEREOF the KMSCL has set and subscribed its hands and seals and the Contractor has caused its Common Seal to be affixed hereunto on the Day and Year herein above written. SIGNED SEALED AND DELIVERED BY Mr.____________________, the duly constituted attorney for the KMSCL____________________. Signature of KMSCL: ____________________

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In the presence of : Mr. ____________________ Signature of Witness: _____________________ SIGNED SEALED AND DELIVERED BY Mr. ____________________, the duly constituted attorney for the Contractor ____________________. Signature of Contractor: ____________________ In the presence of : Mr. ____________________ Signature of witness; ------------------------------------

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ANNEXURE IIANNEXURE IIANNEXURE IIANNEXURE IIIIII BANK GUARANTEE FORMBANK GUARANTEE FORMBANK GUARANTEE FORMBANK GUARANTEE FORMATATATAT

To The Kerala Medical Services Corporation Limited (Address) WHEREAS _____________________________ (Name and address of the Contractor) (Hereinafter called “the Contractor”) has undertaken, in pursuance of contract no________________________ dated _____________ (herein after called “the contract”) to supply The Kerala Medical Services Corporation Limited, (address) with ……………………………. (description of work). AND WHEREAS it has been stipulated by you in the said contract that the Contractor shall furnish you with a bank guarantee by a scheduled commercial bank recognised by you for the sum specified therein as security for compliance with its obligations in accordance with the contract; AND WHEREAS we have agreed to give the Contractor such a bank guarantee; NOW THEREFORE we hereby affirm that we are guarantors and responsible to you, on behalf of the supplier, up to a total amount of ________________________ (Amount of the guarantee in words and figures), and we undertake to pay you, upon your first written demand declaring the supplier to be in default under the contract and without cavil or argument, any sum or sums within the limits of (amount of guarantee) as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein. We hereby waive the necessity of your demanding the said debt from the supplier before presenting us with the demand. We undertake to pay you any money so demanded notwithstanding any dispute or disputes raised by the supplier(s) in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under these presents being absolute and unequivocal. We agree that no change or addition to or other modification of the terms of the contract to be performed there under or of any of the contract documents which may be made between you and the supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of any such change, addition or modification. No action, event, or condition that by any applicable law should operate to discharge us from liability, hereunder shall have any effect and we hereby waive any right we may have to apply such law, so that in all respects our liability hereunder shall be irrevocable and except as stated herein, unconditional in all respects.

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This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s).

We, ________________________________________ (indicate the name of bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent, in writing, of The Kerala Medical Services Corporation Limited. This Guarantee will remain in force up to (Date). Unless a claim or a demand in writing is made against the bank in terms of this guarantee on or before the expiry of (Date) all your rights in the said guarantee shall be forfeited and we shall be relieved and discharged from all the liability thereunder irrespective of whether the original guarantee is received by us or not. (Signature with date of the authorised officer of the Bank)

………………………………………………………….

Name and designation of the officer

………………………………………………………….

………………………………………………………….

Seal, name & address of the Bank and address of the Branch

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ANNEXURE ANNEXURE ANNEXURE ANNEXURE IVIVIVIV CHECK LISTCHECK LISTCHECK LISTCHECK LIST

Sl.NSl.NSl.NSl.Noooo

ItemItemItemItem Whether included Whether included Whether included Whether included ––––

Yes / NoYes / NoYes / NoYes / No Page Page Page Page No.No.No.No.

1 Check list as per Annexure IV.

2 General information about the tenderer as per Annexure V.

3 Power of Attorney as per format in Annexure VII.

4 The Earnest Money Deposit as DD/bank Guarantee as per Annexure III.

5 Performa for per qualification of Contractor

6

Notary attested documents such as articles of association/partnership deed etc, proof of incorporation, proving the registration of place of business and showing the details of partners/promoters/board of directors etc.

7 Notarized audited copies of the P& L Accounts, Balance Sheet, annual report for the last three completed years certified by the auditors.

8 Annual turnover statement for last three years certified by the auditor

9 Sales tax clearance certificate as on 31-3-2012.

10 Notary attested copy of IT returns filed for the last three completed years.

11 Copy of the complete tender document duly signed in all pages by the tenderer or the authorised signatory.

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ANNEXURE ANNEXURE ANNEXURE ANNEXURE VVVV

KKKKERALA ERALA ERALA ERALA MMMMEDICAL EDICAL EDICAL EDICAL SSSSERVICES ERVICES ERVICES ERVICES CCCCORPORATION ORPORATION ORPORATION ORPORATION LLLLTD TD TD TD GENERAL INFORMATION ABOUT THE TENDERERGENERAL INFORMATION ABOUT THE TENDERERGENERAL INFORMATION ABOUT THE TENDERERGENERAL INFORMATION ABOUT THE TENDERER

1 Name of the TendererName of the TendererName of the TendererName of the Tenderer

2. Registered Address of the

company: (Address, tel, fax, e-mail, website)

3. Office AddressOffice AddressOffice AddressOffice Address

E-mail

website

4. Contact PersonContact PersonContact PersonContact Person

Designation

Mobile Phone No

Telephone No

Fax No

e-mail

5.

Key Personnel :Key Personnel :Key Personnel :Key Personnel :

(Chairman / Managing

Director/Managing Partner etc)

7. Registration No. & Date of

Incorporation of Company

8. Principal Place of Business

9. Act/Rule under which the firm

was registered

10.

Type of Company

(Limited, Pvt. Ltd, Partnership,

Proprietary, PSU, etc.)

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Ernakulam. 67

11. Turn Over of the company

2009-10

2010-11

2011-12

12. Number of offices / centers in

Kerala/South India/India

13.

Whether any criminal case was

registered against the company

or any of its promoters in the

past

Yes/ NoYes/ NoYes/ NoYes/ No

14. Other relevant Information

provided *

* here enclose the details such as presentation on the details of the tenderer in a CD

preferably (please avoid submission of detailed leaflets/brochures etc, if possible)

Date Office seal

Signature of the

tenderer/Authorised signatory

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KMSCL: Tender Document for Construction of Additional Storage Area at DDWH,

Ernakulam. 68

Ann ANNEXURE VAnn ANNEXURE VAnn ANNEXURE VAnn ANNEXURE VIIII

PROFORMA FOR PREQUALIFICATION OF CONTRACTORSPROFORMA FOR PREQUALIFICATION OF CONTRACTORSPROFORMA FOR PREQUALIFICATION OF CONTRACTORSPROFORMA FOR PREQUALIFICATION OF CONTRACTORS Details of facility Details of facility Details of facility Details of facility ofofofofconstructed with minimum constructed with minimum constructed with minimum constructed with minimum ……………..……………..……………..……………..during the last 3during the last 3during the last 3during the last 3 years.years.years.years.

Project Project Project Project NameNameNameName

Name Name Name Name of the of the of the of the ClientClientClientClient

DescriDescriDescriDescription ption ption ption of of of of

WorkWorkWorkWork (Type (Type (Type (Type of of of of

BuildiBuildiBuildiBuilding)ng)ng)ng)

ContContContContractractractract No.No.No.No.

Value ofValue ofValue ofValue of ContractContractContractContract (Rs. in (Rs. in (Rs. in (Rs. in crorescrorescrorescrores))))

Date ofDate ofDate ofDate of Work Work Work Work OrderOrderOrderOrder

StipulatedStipulatedStipulatedStipulated Period ofPeriod ofPeriod ofPeriod of

CompletionCompletionCompletionCompletion

ActualActualActualActual period ofperiod ofperiod ofperiod of completioncompletioncompletioncompletion

RemarksRemarksRemarksRemarks ExplainExplainExplainExplain ReasonsReasonsReasonsReasons

for for for for delay, if delay, if delay, if delay, if any.any.any.any.

Enclose satisfactory completion certificate and date of completion from the concerned Engineer-in-charge not below the rank of Executive Engineer in the case of Govt. or Chief executive /Chief Project Manager in the case of Private Organization.

SIGNATURE OF BIDDER SIGNATURE OF BIDDER SIGNATURE OF BIDDER SIGNATURE OF BIDDER

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ANNEXURE VANNEXURE VANNEXURE VANNEXURE VIIIIIIII

POWER OF ATTORNEYPOWER OF ATTORNEYPOWER OF ATTORNEYPOWER OF ATTORNEY

(On a Stamp Paper of relevant value)

I/ We………………………………………………….(name and address of the

registered office) do hereby constitute, appoint and authorise Sri/Smt

………………………………………………..…(name and address) who is presently

employed with us and holding the position of

……………………………………………. As our attorney, to act and sign on my/our

behalf to participate in the tender no…………………………………… for

……………………………………. I/ We hereby also undertake that I/we will be responsible for all action of

Sri/Smt.……………………………………….. undertaken by him/her during the tender

process and thereafter on award of the contract. His / her signature is attested below

Dated this the ___day of 2012

For__________________ (Name, Designation and Address)

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SCHEDULE OF QUANTITIES AND RATESSCHEDULE OF QUANTITIES AND RATESSCHEDULE OF QUANTITIES AND RATESSCHEDULE OF QUANTITIES AND RATES