Volume I (Technical Bid) - phedtenders.raj.nic.in · NIT No : PHED Div Bari/ 45 / 2015-16 1 Government of Rajasthan Public Health Engineering Department Tender (NIT No. 45 /2015-16)

Name of Work : O & M of P&T WSS Mahuwakhera

Tender Document

NIT No : PHED Div Bari/ 45 / 2015-16

1

Government of Rajasthan

Public Health Engineering Department

Tender

(NIT No. 45 /2015-16)

Operation & Maintenance of

P&T WSS Mahuwakhera for 5 years, Tehsil: Bari, PHED

Division Bari, District: Dholpur

Volume I

(Technical Bid) Instructions to Bidders, General Conditions of Contract, Special

Conditions of Contract and Scope of Work.

ESTIMATED COST

Rs 08.00 Lacs

Executive Engineer,

PHED Division Bari District: Dholpur


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TABLE OF CONTENTS

VOLUME – I (Technical Bid)

S.No. Particulars Page No.

1. TENDER ISSUING FORM

3

2. INSTRUCTIONS TO THE TENDERERS

4 - 30

3. GENERAL CONDITIONS OF THE CONTRACT

31 - 37

4 SCOPE OF WORK

38 - 45

5. SPECIAL CONDITIONS OF THE CONTRACT

46 - 54

VOLUME – II (Financial Bid)

S.No. Particulars Page No.

1.

BILL OF QUANTITIES (BOQ)

55 - 57


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TENDER ISSUING FORM

S.No. ITEM PARTICULARS

1. Name of Work: : Operation & Maintenance of Pump & Tank WSS Mahuwakhera for 5 years, Tehsil: Bari, PHED Div. Bari (Dholpur)

2. NIT No : 45 /2015-16

3. Estimated Cost of Work : Rs. 8.00 Lacs

4. Duration of Work : Five Years.

5. Tender Fee : Rs. 500.00 for one set of tender

6. Earnest Money : Rs. 16000/- [ @ 2% ]

Rs. 4000/- [ @ 0.5 %]

7. Last Date of Sale of Tender : 16.03.16 up to 3.00 PM

8. Date and Time of Receiving of Tender

: 17.03.16 (Up to 03:00 PM)

9. Date and Time of Opening of Tender

: 17.03.16 (At 04:00 PM)

12. Issued to: : M/s ........................................................................................................................................

13. Tender Fee Received Vide : DD/Cash Receipt/ Bankers Cheque No.

..............................................................

Dated...................................................


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SECTION-1

INSTRUCTIONS TO BIDDERS


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Instructions to Tenderers (ITT)

A. INTRODUCTION

1.

General Information

1.1. EXECUTING AUTHORITY

The Executing Authority of this project is the Public Health Engineering Department of Rajasthan through the Executive Engineer, PHED Division Bari, District: Dholpur.

1.2. TYPE OF CONTRACT

The works described in this tender document is on Item wise Lump Sum contract basis. The works described in this tender document is considered to be an O & M Contract. The contractor is responsible for the entire Operation & Maintenance and repair works of various sizes & lengths of all types of Rising & Distribution Pipe lines, tube wells & pumping machineries of different duty conditions, OHSR, GLR’s & other associated works under the P&T Mahuwakhera Tehsil: Bari District: Dholpur. The name of the work under this contract is "Operation & Maintenance of Pump & Tank WSS Mahuwakhera for 5 years, Tehsil: Bari, PHED Division Bari (Dholpur)

1.3 All works, proposed for execution under the Contract are notified in Volume I of the tender document under the headline "Scope of Work and Technical Specifications"

1.4 The Tenderer shall read the specification and study the conceptual drawings carefully before submitting the tender.

1.5 The Tenderer is required to study all instructions, forms, terms & conditions and other details in the tender documents Failure to furnish information required by the tender documents or submission of a tender not substantially responsive to the tender documents in every respect will be at the Tenderer's risk and may result in rejection of its tender.

1.6 The tenderer shall sign a declaration under the official Secrets Act for maintaining secrecy of the tender documents, drawings or other records connected with the work given to him in form given below The unsuccessful tenderer shall return all the drawings given to them.

Declaration

"I/We hereby declare that I /We shall treat the tender documents, drawings and other records, connected with the work, as secret

confidential documents and shall not communicate information

derived there from to any person other than a person to whom I/We am/are authorized to communicate the same or use the

information in any manner prejudicial to the safety of the same"

Failure to observe the secrecy of the tenders will render tenders of

the Tenderers, liable to summary rejection

1.7 The site for execution of the work will be made available as soon


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as the work is awarded. In case, it is not possible for the Department to make the entire site available on the award of the work, the Tenderer shall arrange his working program accordingly. No claim, whatsoever, for not giving the site in full on award of the work or for giving the site gradually in parts will be tenable. The Tenderer may satisfy himself regarding site, acquisition of land approach roads etc.

1 8. Tenderers shall submit only unconditional tenders Conditional tenders are liable to be rejected summarily The tender documents show already the specific terms and conditions on which tenders are required by the Department. Hence all tenders should be in strict conformity with the tender documents and should be fulfilled in wherever necessary, and initialed. Incomplete tender is liable to be rejected The terms and conditions of the tender documents are firm, as such conditional tenders are liable to be rejected.

1.9 The contractor shall comply with the provisions of the Apprentice Act, 1961, and the rules and orders issued, there under, from time to time. If he fails to do so, his failure will be a breach of the contract and the original sanctioning authority in his discretion may cancel the contract The Contractor shall also be liable for any pecuniary liability arising on account of violations by him of the provisions of the Act. . The contractor shall submit certified copy of the following with their offer.

• The contractor shall submit copy of Registration Certificate.

• The tender should be accompanied with Sales Tax Clearance Certificates from the concerned departmental authorities, without which the tenders may not be entertained STCC valid up to 31.03.2015 or there after shall be submitted along with the Pre-qualification tenders in “Envelop “A”

If it is found that the tender is not submitted in proper manner, or contains too many corrections and or unreasonable rates or amounts, it would be open for the competent authority not to consider the tender, forfeit the amount of earnest money and/or de-list the contractor

2.

Address for Communication

2.1 All communications in reference to this tender must be made to Executive Engineer, PHED Division Bari.

3.

Time for Execution

3.1 The work is to be completely finished to the satisfaction of Engineer-In-Charge within Five Years from the 10th day after the date of written order to commence the work.

3.2 Definitions

3.2.1 Clause Unless otherwise mentioned, the reference to clause made in any section of the document, it shall mean referenced clause of that section.

3.2.2 Bid & Tender or Bidder & Tenderer The word ‘Bid’ & 'Tender' or word ‘Bidder' & ‘Tenderer' used in the tender document be treated as synonymous

B. Qualification Criteria


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4.

Qualification Criteria

CRITERIA

QUALIFICATION PARAMETERS

Eligibility 1. The Tenderer should be registered / enlisted in PHED Rajasthan in appropriate Class as per PWF&AR Part II Appendix 16 dated 01.07.1999 and amendment issued by concerned department up to date. Self attested copy of Registration Certificate is to be enclosed. Unregistered contractors shall not be allowed.

2. The tender should be accompanied with Sales tax clearance certificates from the concerned departmental authorities, without which the tenders may not be entertained. STCC valid up to 31.03.2015 or there after shall be submitted.

C. Tender Document

5. Content of

Tender

Document

5.1 The tendering procedures, contract terms and technical requirements are prescribed in the tender documents. The tender documents include the following sections, and addenda issued till the date of submission of the tender.

A. Technical Bid (Volume I).

(i) Notice inviting Tender

(ii) Instruction to Tenderers

(iii) Qualification Schedules

(iv) Conditions of Contract

• General Conditions of Contract

• Special Conditions of Contract ‘A’ and ‘B’

(v) Scope of Work & Technical Specifications

B. Financial Bid (Volume II).

(i) Bill of Quantities (BOQ).

5.2 The Tenderer shall bear all costs associated with the preparation and submission of its tender, and the Department will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the tendering process.

6.

Cost of Tendering

6.1. It shall be obligatory on the successful tenderer to pay stamp charges on the contract for preparation of contract agreement, as ruling on date of execution of the contract.

7.

Site Visit before Tendering

7.1 The tenderer should visit the site before quoting the rates However, the tenderer and its personnel will be responsible for death or personal injury, loss of or damage to property and any other loss, damage, costs and expenses incurred as a result of the site visits.

7.2 TENDERER TO INFORM HIMSELF FULLY

The Tenderer shall be deemed to have satisfied himself as to all the conditions and circumstances affecting the Contract price, as to the general circumstances at the site of the work, as to the general labour position at the site, as to the availability of construction material, water, electricity, as to the transport conditions, as to the climatic and meteorological conditions and to have fixed his prices according to his own view of these tenderers are invited to visit the site with prior appointment with the Public Health Engineering/Irrigation Department


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The Department will not be responsible for the personnel of the Tenderer and for all acts in relation with the site inspection

No claims except as otherwise expressly provided will afterwards be accepted due to non-inspection of the site. The Tenderer shall be responsible for any misunderstanding or incorrect information however obtained except the information given in writing by the Department.

8.

Amendment of Tender Document

8.1 At any time prior to the deadline for submission of tenders, the Department may, for any reason, whether at its own initiative, or in response to a clarification requested by a prospective Tenderer, amend the tender documents

8.2 The amendment will be notified by publication in newspaper and online on website www.rajwater.gov.in & sppp.raj.nic.in and it shall be binding on them It will be assumed that the information contained therein has been taken into account by the Tenderer in its tender.

8.3 In order to provide prospective Tenderers reasonable time to take the amendment into account, in preparing their tender, the Department may, at its discretion, extend the deadline for the submission of tenders, in which case, the Department will notify all tenderers in writing of the extended deadline, for submission of tenders.

D. Preparation of Tenders

9.

Language of Tender

9.1 The tender prepared by the Tenderer and all correspondence and documents related to the tender exchanged by the Tenderer and the Department shall be written either in Hindi or English provided that any printed literature furnished by the Tenderer may be written in another language, as long as such literature is accompanied by a translation of its pertinent passages in the language mentioned herein, in which case, for purposes of interpretation of the tender, the translation shall govern.

10. Alteration of Designed Components not acceptable

10.1 No principal deviations and exceptions are allowed, in the specifications and in the basic requirements of the total scheme, (including effect due to addendums), such as:

• Pipe material, diameter of pipe

• Design flow and design capacity of various components.

• Alignment of pipe line,

• All other basic requirement and capacities of systems

10.2 Tenderers, which propose any alteration in the basic requirement, as specified in Volume I and II and its addendum if any, or which contain any other conditions of any sort will be liable to rejection.

10.3 Inclusion of additional equipment, civil work or other plant and material which in the Tenderer's opinion is required to satisfy the scope of work will not constitute a deviation


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10.4 MAKES AND ORIGIN OF THE EQUIPMENT

• Tenderer shall offer rates conforming to prescribed specifications indicated in the Volume I "Scope of Work & Technical specifications” The tenderer shall quote only one price for each item mentioned in Bill of Quantities (BOQ) Volume II.

• Whichever equipment is proposed in the tender or considered by the tenderer for the financial offer, the equipment to be finally provided in case of award shall correspond to the specifications of the tender documents and shall be subjected to the approval of the Engineer-In-Charge

In case, the Tenderer proposes to use any imported equipment/part of equipment/material he shall indicate so clearly in his tender and shall be responsible for arranging import license etc. for the same. All expenses to be incurred by the Contractor in connection with such Import including customs duty shall be included in the prices quoted.

11.

Tender Form and Bill of Quantities (BOQ)

11.1 The Tenderer shall submit the Bill of Quantities (BOQ) along with tender documents. The terms and conditions for payments shall be in accordance with the provisions of the conditions of contract(s) in Volume-I of tender document referred in ITT Clause 5.1

12.

Tender Prices

12.1 The Contract shall be for the complete Work as described in Clause 1.2, based on the Bill of Quantities (BOQ) submitted in Volume II of the tender document

12.2 The Tenderer should quote his rates only in one language i.e., either in Hindi or English Rates should be quoted in figures as well as in words and in case a Tenderer has quoted rates in both the languages, the rates so quoted differ, then the lower of the two shall be treated as the rate quoted by the Tenderer.

12 3. The tenderer shall quote his Lump Sum rates for each item for the complete work as given in Financial Bid (Bill of Quantities, BOQ) of the tender document.

12.4 Items not specifically listed in the Bill of Quantities (BOQ) but required to be executed for the satisfactory completion of the system as specified, shall not be separately paid for by the Department when executed and shall deemed to have been covered under Contract in his Bill of Quantities (BOQ).

12.5 The contractor shall satisfy himself regarding the availability of the material required for execution within the time frame prescribed for the work and if desired shall take into account the cost of superior material to be used as its replacement. No time extension or additional cost shall be allowed on this account.

12.6 The prices and amounts quoted by the Tenderer shall allow for all costs including labour, materials, construction plant and equipment, transport charges, any other expenses to fulfill the obligations towards any ITT clause of the tender document referred in ITT clause 5.1, Custom Duty. Octroi, Excise Duty, Income Tax. Sales Tax, Turnover Tax. Service Tax Professional Tax or any other duties, levies, taxes or charges


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whatsoever to the State or Central Department or to the Local Bodies on the components or the completed works or the defect liability of the works and for satisfactory performance of the Tenderer's obligations under this contract. The cost of water and power shall be payable as per the provisions of General conditions and Special Conditions of contract.

12.7 For all imported equipment(s) or components, the Tenderer under this Contract must provide a copy of the duties paid for the record of the department.

13.

Tender Currency

13.1 All prices shall be quoted in the Indian Rupee. The department will not arrange any foreign currencies for import of any type of material/plant/spares etc.

14.

Earnest Money

14.1 An Earnest money in Indian Rupees should be deposited in form of cash, banker’s cheque or demand draft of nationalized/scheduled banks. The demand draft should be in the name of “EXECUTIVE ENGINEER, PHED DIVISION BARI "payable at BARI before due date as given in NIT.

14.2 The Tenderers registered with Department [ “A”, “AA” class in PHED, “B” class in ACE PHED Region Bharatpur and “C” class in PHED Circle Dholpur] shall deposit concessional earnest money of 1/2% (half percent) as against the normal earnest money of 2% (two percent) of estimated cost of the work on production of certified copy of the relevant enlistment order renewed under the latest rules for “Enlistment of Contractors” under rule 334 of P.W.F. & A.R. effective from 1.7.99 valid up to the date of validity of offer.

14.3 The tenderers registered in other department shall be required for to deposit earnest money equal to 2 % (two percent) of estimated cost of the work as specified in NIT (form RPWA 100. Any tender not accompanied by the earnest money shall be rejected.

14.4 The earnest money of the unsuccessful Tenderers will be returned to them as early as possible after the award of the contract or expiry of the validity period of the offer, whichever is earlier

14.5 The Earnest Money lodged by the successful tenderer, will be adjusted towards Security Deposits The remaining Security Deposits may be furnished in the form of Bank Guarantee or in any other approved form of security in Contract or the Contractor may choose to allow deduction from running account bills to be made on account of the gross work done, as detailed in Clause 1 of General Conditions of Contract.

14.6 The Earnest Money may be forfeited.

a) If the Tenderer withdraws its tender during the period of tender validity

b) If the Tenderer fails within the specified time limit to sign the Contract Agreement in accordance with ITT Clause 28.6

c) If a tenderer reduces the rates voluntarily or modifies his offer voluntarily after opening of the financial tenders/ negotiations, his offer shall stand cancelled automatically, his earnest money shall be forfeited and action for debarring him from business shall be taken as per enlistment rules.

d) If a non-tenderer offers lower rates after opening of tenders, action for debarring him from business shall be taken as per enlistment


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rules e) For any other act of the tenderer detailed herein, for forfeiture of

Earnest Money

15.

Period of Validity of Tender

15.1 The tenders for the works shall remain open for acceptance for the

period of 70 days from the date of opening of the Pre-Qualification tender or mutually extended period. A tender valid for a shorter period shall be rejected by the Department as being non-responsive.

15.2 If any tenderer withdraws his tender prior to expiry of said validity period or mutually extended period or makes modification in the rates, terms and conditions of the tender within the said period, which are not acceptable to the department, or fails to commence the work in the specified period/fails to execute the agreement, the department shall, without prejudice to any other right or remedy, be at liberty to forfeit the amount of earnest money given in any form absolutely. If any Tenderer, who having submitted a tender does not execute the agreement or start the work or does not complete the work and the work has to be put to re-tendering, he shall stand debarred from participating in such re-tendering in addition to forfeiture of Earnest Money/Security Deposit and other action under agreement.

15.3 In exceptional circumstances, the Department may seek the Tenderer's consent to an extension of the tender validity period The request and responses thereto shall be made in writing or by fax. If a Tenderer accepts to prolong the period of validity, the Earnest Money shall also be suitably extended.

16

Format , Signing and Submission of tender.

16.1 Wherever required, the representative of the firm, as below, must sign the tender document.

In the event of the tender being submitted by a firm, it must be signed separately by each partner, thereof, or in the event of the absence of any partner, it must be signed on his behalf, by a person holding a power of Attorney, authorizing him to do so. Such power of Attorney will be submitted with the tender and it must disclose that the firm is duly registered under the Indian Partnership Act, By submitting the copy of registration certificate. In case of a Company, the duly authorized representative of the company holding a valid power of attorney on the date of respective correspondence.

16.2 Tender documents shall be issued to the contactor. The contractor is to submit the original copy to the department duly signed on each page.

16.3 The copy of the tender documents, each consisting of the documents listed in ITT Clause, along with the addendum’s issued till the date of tender submission, shall be typed or written in ink and shall be signed by the Tenderer or a person or persons duly authorized to bind the Tenderer to the contract. All pages of the tender shall be initialled and stamped by the person or persons signing the tender.

16.4 The printed document of the tender shall contain no alterations, or


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additions, unless notified. In case the tenderer makes any addition or correction, the provisions written in the original document, read with the addendum or corrigendum issued shall prevail.

16.5 All additions, deletions, corrections and over writings in the Schedule of Prices, must be serially numbered and attested by the Tenderer at every page, so also by the officer opening the tenders, so as to make further disputes impossible on this score.

16.6 Tender documents, as issued from the office mentioned above, along with all addendums issued till the date of tender submission, must be returned, with all enclosures, with the tender submission, on the date of receipt of tenders.

16.7 All tenders, in which any of the prescribed conditions are not fulfilled or which have been vitiated by errors in calculations, totalling or other discrepancies or which contain over-writing in figures or words or corrections not initialled and dated, may be liable to rejection.

16.8 The Tender to the work shall not be witnessed by a Tenderer or Tenderers who himself/themselves has/have not tendered or who may not and has/have not tendered for the same work.

E. Submission of Tenders

17

Sealing and Marking of Tenders

17.1 The tenders shall be submitted in One envelope.

Envelope The Envelope shall contain the tender documents with qualification documents, DD/Bankers cheque/ cash receipt of Earnest Money and Financial Offer.

Contents of Envelope General

Requirements

17.2 “Envelope– It should contain Technical Bid along with Financial Bid.

a) The name and designation of person signing shall be clearly indicated. In case of partnership firm / limited company / group of companies, a Power of Attorney for the person authorized to sign issued by the partners or authorized signatory shall accompany the tender in Format at Annex-3.

b) The Tender Letter, as per Annex-1

c) An undertaking confirming that "for modifications/deviations to Conditions of Contract / Technical Specifications is indicated in the envelope. Tenders not containing such undertaking will not be considered for further evaluation As per Annex-4

d) A declaration under the official Secrets Act for maintaining secrecy of the tender documents, drawings or other records connected with the work given to him as indicated in clause 1.6 of ITT As per Annex-6

e) The tender letter in form of "tender for works" given with General conditions of contract shall be duly filled and signed.

f) A declaration shall have to be made by the tenderer that he has read, understood and accepted without changes, revisions or conditions, the tender documents and addenda (if any) issued by the Department As per Annex-5

g) The contractor shall submit certified copy of Registration Certificate.

h) The tender should be accompanied with Sales tax clearance certificates from the concerned departmental authorities, without which the tenders may not be entertained STCC valid up to


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31.03.2015 or there after shall be submitted.

Contents of Envelope : General Requirements

i) The qualification, technical schedule and financial schedule have to be prepared very carefully since they will be the basis for the evaluation of the proposals. Only relevant & to the point information shall be indicated in the schedules. The supporting documents must contain all the complementary information to assess the quality & the conformity of the proposed material with the specification of the tender documents. Tenderer must not give the information not requested in the tender document nor make any comments.

Contents of Envelope- Requirements for Pre Qualification of

Firms

17.3 Qualification Schedules as required in this Vol-I along with

supporting documents, consisting of : (a) Original tender document along with Earnest Money - The Receipt

of the Earnest Money furnished in accordance with Clause of ITT or Demand draft in favour of Executive Engineer, PHED Division Bari to fulfil the requirement of clause. Firms who are availing the benefits of concessional Earnest Money Deposit shall also enclose a certified copy of the valid enlistment order issued by the competent authority of department.

(b) Copy of enlistment of the tenderer in any of the State or Central Government department./ undertakings/organization.

(c) Financial Offer.

17.4 The envelopes shall

(a) Be addressed to Executive Engineer, PHED Division Bari.

(b) Bear the contract name, and number and date of NIT, indicated in the NIT, and the statement “Do not open before [date],” to be completed with the time and date specified.

17.5 If the envelope is not sealed and marked as required by ITT Sub-Clause above, the Department shall not be responsible for the tender’s misplacement or premature opening.

18

Deadline for Submission of Tenders

18.1 Tenders shall be received in the office of Executive Engineer, PHED Division Bari, not later than the time and date communicated by the department or extended date thereof.

18.2 Any tender received by the Department after the tender submission deadline will not be accepted.

F. Tender Opening and Evaluation

19

Opening of Tenders by Department

19.1 The Executive Engineer or other duly authorized Committee will open the tenders in the presence of Tenderer(s) or their authorized representative(s) who may choose to be present at the time of tender opening.

20

Confidential

20.1 The department will evaluate the tender Information relating to the examination, clarification and comparison of the tenderers and


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Treatment recommendations for the award of the Contract shall not be disclosed to tenderers or to any other person not officially concerned with the evaluation process until the award to the successful -Tenderer has been announced. Any effort by a Tenderer to influence the evaluation process or the recommendations and decisions for award may result in the rejection of its tender.

21

Substantial Tender

21.1. Notwithstanding the preliminary examination, the department will

determine the substantial tender. Substantial tenders are those which

meet the following requirements:

• Properly signed,

• Earnest money, Tender Fee in the required format from a Nationalized / Scheduled bank / Cash receipt.

• Responsive to all requirements of the tender documents and the instructions to tenderer.

• Clarification and substantiation required to assess the quality of the offer.

2 1 .2 If a tender Is not substantially responsive it will be rejected by the

Department and will not be used for further evaluation. The

Department's determination of a tender's responsiveness is to be

based on the contents of the tender itself without recourse to extrinsic

evidence.

It is expressly stated that the information contained in the Envelope of the tender will be used to define whether a tender is substantial or not. The Tenderers are therefore, advised to submit complete tenders only.

22

Evaluation of Tender

22.1 The Department will carry out a detailed evaluation of the tenders

previously determined to be substantially responsive as per clause no.

21 in order to determine whether the firm is qualified in accordance

with the requirements set forth in the tender documents at clause 4 In

order to reach such a determination, the Department will examine the

information provided in the supporting documents, on the basis of the

information supplied by the tenderers.

22.2 The firms Qualified will be informed by the Department in due course of

time.

22.3 The Department reserves the right not to consider any deviation that in

the sole discretion of the Department is found unacceptable, The

Department shall require such deviations to be withdrawn, for the

unaccepted deviations The evaluation subsequently will be made on the rates quoted for such items in original offer.

22.4 If on check, there are some discrepancies, the following procedure shall

be followed: -

When there is a difference between the rate quoted by the tenderer in words and figures, the lower of the two rates shall be taken as valid and correct rate

When the rate quoted by .the contractor in figures and in words tallies, but the amount is not worked out correctly, the rate quoted by the contractor shall be taken as correct and not the amount worked out.

22.5 The financial evaluation shall be done on quoted rates


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The Tenders shall be ranked on increasing order of the Tender Price

G. Award of Contract

23 Award Criteria

23.1 Subject to ITT clause 22, the Department will award the contract

normally to the lowest evaluated tenderer.

24 Department's Right to Accept Any Tender and to Reject Any or All Tenders

24.1.The acceptance of the tender will rest with the Department who does

not bind itself to accept the lowest tender and reserves to itself the authority to reject any or all of tenders received without assigning any reason.

24.2 The Department's right to accept or reject any or all tenders at any time prior to award of contract, will not incur any liability, to the affected Tenderer or tenderers or any obligation to inform the affected Tenderer or tenderers, of the grounds for the Department's action

25 Notification of Award

25.1 Prior to the expiry of the period of tender validity, the Department will

notify the successful Tenderer through email or in writing by registered letter or by fax, to be confirmed in writing by registered letter, that its tender has been accepted The notification of award will constitute the formation of the contract, for all legal purposes.

26 Signing the Contract Agreement

26.1 Within Ten (10) days of department's notice, the successful tenderer

shall sign the contract agreement The following, duly filled in and signed documents, shall form the

contract agreement, a) Agreement (format placed at Annex-7) b) Letter of award and any pre-award correspondence between Department and the Tenderer

c) Tender documents contained in; • Vol-I Conditions of Contract, qualification Schedules, Scope of

Work and Technical Specification and Annexure. • Vol-ll -Bill of Quantities (BOQ)

d) The Tender Offer.

26.2 On acceptance of the tender, the name of the accredited representative(s) of the Tenderer (with a photograph and signature attested), who would be responsible for taking instructions from the Department / Engineer-In-Charge, shall be communicated to the Engineer-In-Charge.

26.3 After acceptance of the tender, the Tenderer or all partners (in the case of partnership firm) or the authorized representative of the firm with a valid power of attorney will append photographs and signatures duly attested at the time of execution of Agreement.

26.4 Receipts for payments, made on account of a work when executed, by a firm must also be signed by the several partners, except where the contractors are described in their tender as a firm, in which case the receipts must be sighed in the name of the firm by one of the partners or by some other person having authority to give effectual receipts for the firm.


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26.5 Sales tax or any other tax on materials, or Income Tax in respect of the contract shall be governed by provisions given in the Conditions of Contract. Deduction of Income Tax at source will be made as per provisions of the Income Tax Act, in force from time to time

27 6 26.6 If any Tenderer, who having submitted a tender does not execute the agreement or start the work or does not complete the work and the work has to be put to retendering, he shall stand debarred from participating in such retendering in addition to forfeiture of earnest money/ security deposit and other action under agreement .

27

Corrupt or Fraudulent Practices

27.1 The Department defines, for the purposes of this provision, the terms set forth below as follows'

(i) "corrupt practice" means the offering, giving, receiving or soliciting of anything or value to influence the action of a public official in the procurement process or in contract execution; and

(ii) "fraudulent practice" means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Department, and includes collusive practice among tenderers (prior to or after tender submission) designed to establish tender prices at artificial non-competitive levels and to deprive the benefits of free and open competition.

27.2 Any effort by a Tenderer to influence the Department in the Department's tender evaluation, tender comparison or contract award decisions may result in rejection of the Tenderers tender.

27.3. The Department will reject a proposal for award if it determines that the Tenderer recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question.

Executive Engineer

PHED Division Bari


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Annex-1

Tender Letter To The Executive Engineer Public Health Engineering Department Division Bari Distt. Dholpur

Subject: Tender for “Operation & Maintenance of Pump & Tank WSS Mahuwakhera for 5 years, Tehsil: Bari, PHED Div. Bari (Dholpur)”

Ref: Your NIT No 43 /2015-16 Dear Sir 1. Having carefully examined all the parts of the tender documents and the addenda (if

any) for the execution of the above mentioned works, having obtained all requisite information affecting this tender, having visited the site and being aware of all conditions and difficulties likely to affect the execution of the contract, we, the undersigned, hereby offer to execute the Item wise Lump Sum Contract as described in the Tender Documents and to hand over the whole of the said works in conformity with the drawings, conditions of contract, technical conditions and scope of work, for the sum indicated in the financial offer and such other sum as may be ascertained in accordance with the Contract.

2. We declare that we have read and understood and that we accept all clauses, conditions, descriptions, drawings of the tender documents Volume I to Volume II, and subsequent addenda (if any) without any change, reservations and conditions. If any change, reservation or condition has been made in our tender we herewith withdraw it.

3. We undertake, if our tender is accepted, to commence the work within 10 days of the work order and to complete the work in the stipulated time for completion.

4. If our tender is accepted we will provide a Security Deposit in the required form in the sums as stipulated in the tender documents.

5. Unless and until the formal agreement is prepared and signed, this tender, together with your written acceptance thereof shall constitute a binding contract between us.

6. We agree to abide by this tender for the period of 70 days from the date of opening of the pre-qualification bids and it shall remain binding upon us and may be accepted by you at any time before the expiry of that period, and not to make any modifications in its terms and conditions which are not acceptable to you.

7. Together with the tender we submit the earnest money of Rs......................... as Dated this ................day 2015 in the capacity of…………………………………... duly authorized to sign the tender for and behalf of .............................................

Name: Address: Telephone: Telefax: Telex: Signature of the authorized representative ..............................................

___________________________________________ 1 - Amount of Earnest Money 2 - Indicate the form in which it is provided 3 - Signature of authorized representative of the firm 4 - Designation 5 - Name of Tenderer

RPWA-87


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(Rule 335 & 594(iii))

Annex-2

FORM OF BANK GUARANTEE BOND FOR EARNEST MONEY IN EXCESS OF RS. TEN LACS

To, The Governor of the State of Rajasthan Through Executive Engineer, PHED Division Bari.

Whereas the Governor of the State of Rajasthan through Executive Engineer, PHED Division Bari (here-in-after called “the Department”) has called for tenders for execution of "Operation & Maintenance of Pump & Tank WSS Mahuwakhera for 5 years, Tehsil: Bari, PHED Div. Bari (Dholpur)”.

Tender Document for Water Supply Scheme” due on ........... or any extended date and as per normal rules of the Department, Earnest Money is to be deposited along with the tender, and whereas, the Rules of the State Department permit deposit of Earnest Money up to Rs. 10.00 Lacs in cash, and the balance in the form of Bank Guarantee.

1. In consideration of the Governor of State of Rajasthan having made such a stipulation in Rule 595 (iii) (a) of the Public Works Financial & Accounts Rules, and M/s ……………….. (name of contractors) are desirous of depositing Earnest Money in excess of Rs. 10 Lac i.e. Rs. ………… (Rupees……………. only) (excess over Rs. 10 Lacs) in the form of Bank Guarantee as Earnest Money in order to participate in the tender for work above mentioned as per said Rules, and will be so permitted on production of a Bank Guarantee for Rs………………. (Rupees ……………. only), We ……………………. (indicate name of the “Bank”), here-in-after referred to as the “Bank” at the request of M/s …………, contractor(s), do hereby undertake to pay to the Department an amount not exceeding Rs. ……………. (Rupees……………. only) on demand.

2. We………………… (indicate the name of Bank), do hereby undertake to pay Rs. ……………. only) the amounts due and payable under this guarantee without any demur or delay, merely on a demand from the Department. Any such demand made on the bank by the Department shall be conclusive and payable by the Bank under this guarantee. The Bank Guarantee shall be completely at the disposal of the Department and We …………….. (indicate the name of Bank), bound ourselves with all directions given by Department regarding this Bank Guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs……………. (Rupees………….. only).

3. We ……………. (indicate the name of Bank), undertake to pay to the Department any money so demanded notwithstanding any dispute or disputes raised by the contractor(s) in any suit or proceeding pending before any Court or Tribunal or Arbitrator etc. relating thereto, our liability under these presents being absolute, unequivocal and unconditional.

4. We……………… (indicate the name of Bank) further agree with the Department that the Department shall have the fullest liberty without our consent and without affecting in any manner our obligations, hereunder to extend the date of receipt of such tenders for the work as aforesaid or to vary any other terms and conditions of the Notice Inviting Tenders or the tender, extend the validity of tenders, or time for completion of the work, etc. We shall not be relieved from our liability by reason of any such variation or


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19

extension or for any forbearance, act or omission on the part of the Department or any indulgence by the Department, to the said contractor(s) or by any such matter or thing whatsoever which would but for this provision, have the effect of so relieving us.

5. The liability of us………………… (indicate the name of Bank), under this guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s).

6. We …………… (indicate the name of Bank), lastly undertake not to revoke this guarantee except with the previous consent of the Department in writing.

7. This Guarantee shall remain valid and in full effect, until it is decided to be discharged by the Department. Notwithstanding anything mentioned above, our liability against this guarantee is restricted to Rs.…………… (Rupees ………………….. only).

8. It shall not be necessary for the State Department to proceed against the contractor before proceeding against the Bank and the guarantee herein contained shall be enforceable against the Bank notwithstanding any security which the State Department may have obtained or obtain from the contractor.

9. The Bank Guarantee shall be payable at the headquarters of the Division, or the nearest District Headquarters. If the last date of expiry of the Bank Guarantee happens to be a holiday of the Bank, the Bank Guarantee shall expire on the close of the next working day.

Dated ………….. day of ………… For and on behalf of the Bank (indicate the Bank)

Signature & Designation

The above Guarantee is accepted by the Department of the State of Rajasthan

For and on behalf of the Governor of State of Rajasthan

Signature


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Annex-3

POWER OF ATTORNEY OF THE REPRESENTATIVE OF A FIRM

Power of Attorney for Authorized Representative The firm M/s………………………………..authorize the following Representative to sign and submit the tender document, negotiate terms and conditions for the contract, to sign the contract, to deal with the PHED, to issue and receive correspondence related to all matters of the tender "Operation & Maintenance of Pump & Tank WSS Mahuwakhera for 5 years, Tehsil: Bari, PHED Div. Bari (Dholpur)", We / M/s _______________________________ undertake the responsibility due to any act of the representative appointed hear by.

For Partnership Firm’s

S. No.

Name of the All Partner Signature of Partner with Seal

1.

2.

3

4 Name and Designation of the person Authorized

5 Attested Signature of the Authorized Representative

For Limited Firm’s

Name and Designation of the person Authorized

Firm

Address

Telephone No.

Fax No.

Telex No.

Authority By which the Powers is delegated

Attested Signature of the Authorized Representative

Name and Designation of person attesting the signatures

• To be Prepared on Stamp Paper of Rs.100/- duly attested by Notary


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Annex–4

UNDERTAKING BY TENDERER

I/We undertake and confirm that “for modifications/deviations to Conditions of Contract / Technical Specifications no price information is indicated in Envelope A.

I/We understand that if this Undertaking is found to be incorrect, our tender may not be considered for Evaluation in future for financial evaluation, for which I/WE shall be liable for all consequences and / or damages.

Authorized Signature (in full) with Seal of the Agency

: ......................

Name : .....................

Designation : .....................

Name of Agency : ......................

Postal Address : ......................


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Annex–5

DECLARATION I/We _____________________________ the undersigned, hereby certify that I/We have read, understood all the terms and conditions given in the tender document, including those in the addenda issued by the Department and the same are acceptable to us without any deviations.

If this declaration is found to be incorrect then without prejudice to any other action that may be taken, my/our security may be forfeited in full & the tender, if any to the extent accepted may be cancelled.


: ......................

Name : .....................

Designation : .....................

Name of Agency : ......................

Postal Address : ......................


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Annex–6

DECLARATION – UNDER THE OFFICIAL SECRETS ACT

“I/We hereby declare that I/We shall treat the tender documents, drawings and other records, connected with the work, as secret confidential documents and shall not communicate information derived there from to any person other than a person to whom I/We am/are authorized to communicate the same or use the information in any manner prejudicial to the safety of the same”.

I/We understand that failure to observe the secrecy of the tenders will render the tender, liable to summary rejection.


: ......................

Name : .....................

Designation : .....................

Name of Agency : ......................

Postal Address : ......................


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24

Annex-7

FORM OF AGREEMENT

THIS Agreement made on the ..................day of ..............20......... between the Executive Engineer, PHED Division Bari (hereinafter called PHED) on behalf of the Governor of Rajasthan of the one part and ....................................... of ............................................................... (hereinafter called Contractor) of the other part.

WHEREAS the PHED is desirous for execution of Tender for “Operation & Maintenance of Pump

& Tank WSS Mahuwakhera for 5 years, Tehsil: Bari, PHED Div. Bari (Dholpur)". WHEREAS the

PHED has accepted a tender by the Contractor for the execution, completion and maintenance of such work,

NOW THIS AGREEMENT WITNESSES as follows:

1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the conditions of Contract hereinafter referred to.

2. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz.:

a) Form of agreement. b) Letter of award and any pre-award correspondence between Department and the

Tenderer. c) Tender documents contained in;

• Vol-I: Conditions of Contract, Pre-qualification Schedules, Scope of Work & Technical Specifications, Annexures,

• Vol-II: Bill of Quantities (BOQ)

• All Addenda issued d) The Tender Offer.

3. The signed and initialled Tender Documents shall be deemed to form and be read and construed as part of this Agreement.

4. In consideration of the payments to be made by the PHED to the Contractor as hereinafter mentioned, the Contractor hereby covenants with the PHED to provide, execute, and to complete the work, remedy the defects, commission the work and maintain it in conformity in all respects with the provisions of the Contract.

5. The PHED hereby covenants to pay the Contractor in consideration of the provisions, execution, completion of the works, remedying of the defects therein and maintenance of the work the Contract Price or that sum as may become payable under the conditions of the Contract at the times and in the manner prescribed by the Contract.

6. The following are the salient data of the agreement:

• Contract sum Rs …………………….

• Security Deposit: Rs………………….( 10 % of the payments)

• Time for completion: IN WITNESS thereof the parties to these present have hereto set and subscribed their respective hands the day, month and year first above written. SIGNED for and on behalf of PHED

Witness Executive Engineer PHED Division Bari

SIGNED for and on behalf of the Contractor

Authorized representative Witness

RPWA 88 A


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(Rules 338 & 595(iii) c)

Annex-8

MODEL OF THE SECURITY DEPOSIT GUARANTEE To The Governor of the State of Rajasthan

Through, Executive Engineer, PHED, Division Bari Whereas the Governor of the State of Rajasthan through Executive Engineer, PHED, Bari (here-in-after called “the Department”) having entered into an agreement No___ dated ____ with M/s ……………………… (herein after called the contractor) for execution of Tender for “Operation & Maintenance of Pump & Tank WSS Mahuwakhera for 5 years, Tehsil: Bari, PHED Div. Bari (Dholpur)", herein after called “the said Agreement” under which the contractor(s) M/s ………………………have applied to furnish Bank Guarantee to makeup the full Security Deposit.

1. In consideration of the Governor of State of Rajasthan having made such a stipulation in agreement. We ………………………(indicate name of the “Bank”), here-in-after referred to as the “Bank” at the request of M/s ………………………contractor(s), do hereby undertake to pay to the Department an amount not exceeding Rs. ……………………… (Rupees ……………………… only) on demand.

2. We ……………………… (indicate the name of Bank), do hereby undertake to pay Rs. ……………………… only) under this guarantee without any demur or delay, merely on a demand from the Department. Any such demand made on the bank by the Department shall be conclusive and payable by the Bank under this guarantee. The Bank Guarantee shall be completely at the disposal of the Department and We ……………………… (indicate the name of Bank), bound ourselves with all directions given by Department regarding this Bank Guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs……………………… (Rupees………………………only).

3. We ……………………… (indicate the name of Bank), undertake to pay to the Department any money so demanded notwithstanding any dispute or disputes raised by the contractor(s) in any suit or proceeding pending before any Court or Tribunal or Arbitrator etc. relating thereto, our liability under these presents being absolute, unequivocal and unconditional.

4. We……………………… (indicate the name of Bank) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and that it shall continue enforceable till all the dues of the Department under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till the Department certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said contractor(s) and accordingly discharges this guarantee.

5. We……………………… (indicate the name of Bank) further agree with the Department that the Department shall have the fullest liberty without our consent and without affecting in any manner our obligations, hereunder to vary any of the terms and conditions of the said agreement or to extend time of performance by the said contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Department against the said contractor(s) and


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26

to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said contractor(s) or for any forbearance act of omission on the part of the Department or any indulgence by the Department to the said contractor or by any such matter or thing whatsoever which would but for this provision, have effect of so reliving us.

6. The liability of us……………………… (indicate the name of Bank), under this guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s).

7. We ……………………… (indicate the name of Bank), lastly undertake not to revoke this guarantee except with the previous consent of the Department in writing.

8. This Guarantee shall remain valid and in full effect, until it is decided to be discharged by the Department. Notwithstanding anything mentioned above, our liability against this guarantee is restricted to Rs……………………… (Rupees ………………………only).

9. It shall not be necessary for the State Department to proceed against the contractor before proceeding against the Bank and the guarantee herein contained shall be enforceable against the Bank notwithstanding any security which the State Department may have obtained or obtain from the contractor.

10. The Bank Guarantee shall be payable at the headquarters of the Division, or the nearest District Headquarters. If the last date of expiry of the Bank Guarantee happens to be a holiday of the Bank, the Bank Guarantee shall expire on the close of the next working day.

Dated ……………………… day of ……………………… for and on behalf of the Bank (indicate the Bank)

Signature & Designation

The above Guarantee is accepted by the Department of the State of Rajasthan For and on behalf of the Governor of State of Rajasthan

Signature

Note: Guarantee to be made on stamp paper purchased by the bank only.


Tender Document


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ANNEX “9”

THE PRE-QUALIFICATION AND TECHNICAL SCHEDULES

BIDDER’S ORGANIZATION AND EXPERIENCE

A- GENERAL INFORMATION ABOUT THE TENDERER

Provide here a brief description and the background of the Organization for this Assignment/Job. The brief description should include ownership details, date and place of incorporation of the Agency, objectives of the Agency etc.

1. Read, understood and accept Tender Document and Addenda(Yes/No)

2. Structure and Organisation

(a). Status of the Firm (Individual, Partnership, Limited firm)

(b). Address(es)

(c). Telephone No.

(d). Fax No.

(e). Description of Company (e.g. General contractor, Civil Engineering Contractor etc).

(f). Registration as Contractor (Class & Name Of Registering Authority)

3. Power of Attorney of the Representative of the tenderer

(a). Name of the representative

Address

Telephone (Office)

Telephone (Residence)

4. Earnest Money (DD/Cash/BG)

(a). Name of Bank

(b). No, & date of DD/BG

(c). Amount

5. Valid STCC up to 31.03.2015

Supporting documents required.

1) Power of Attorney 2) Copy of partnership deed in case of partnership firm

3) Registration certificate as contractor in appropriate class 4) Experience certificate of satisfactory completion issued by Executive Engineer along with copy of work order 5) Earnest Money 6) STCC valid up to 31.03.2015.


: ......................

Name : .....................


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28

Designation/ Postal Address : .....................

PROFORMA FOR CLIENTS CERTIFICATE

TO WHOM SO EVER IT MAY CONCERN

It is to certify that M/s ---------------------------------------- was awarded work of operation and maintenance at ------------------------ vide work order no. ------------- Dated --------amounting to Rs. ------------------------- which contained work for operation & maintenance --------------- capacity and ---------------------------------- with stipulated completion period of ---------- months. The contractor has completed the work.

It is certified that above awarded work was started on ------------- and has been completed on ----------------

Signature of Engineer-In-Charge

& Seal


Tender Document


29

PART A- TENDER FORMS

The tenderer has to fill in all tender forms (if applicable) in this document and to submit them duly signed and stamped. They shall be used for the evaluation of his offer, the assessment whether his tender is substantial for his pre qualification.

The tenderer shall not change nor add or delete the texts of the forms. This might lead to the rejection of the tender. The papers shall remain bound in the file issued to the tenderer. The supporting papers as indicated in Section 1 of the tender documents shall be bound in a box file, in the same order as they appear hereafter.

Form Designation What to do Supporting papers

1. Tender letter To be filled in, signed and stamped

2. Statement having read TD and addenda

To be filled in, signed and stamped

3. General information about the tenderer.

To be filled, signed and stamped

Proper Powers of Attorney (if applicable) copy of Partnership deed (if partnership). Registration details of the Firm/Company, earnest money in required form. Experience of firm in similar contracts.

Sales Tax Clearance Certificate valid up to 31.03.2015.

Registration and class of tenderer.

4. List of similar completed works

To be filled in, signed and stamped

Certificate of clients with details about the satisfactory completion of the works issued by not below the rank of Executive Engineer, along with copy of work order.


: ......................

Name : .....................

Designation : .....................

Name of Agency : ......................

Postal Address : ......................


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30

2. STATEMENT HAVING READ THE TENDER DOCUMENT

We declare that we have read and understood and that we accept all clauses, conditions, descriptions, drawings of the tender documents and subsequent addenda (if any) without any change, reservations and conditions. Tender Document to be purchased from the office of Executive Engineer, PHED, Division Bari or Office of the Superintending Engineer, PHED, Circle, Dholpur.

Tender documents purchased from PHED

Section Part Total pages*

Volume I Technical Bid

Notice of Invitation to Tenderers (NIT)

Instructions and guidance to Tenderers, schedules

Pre-Qualification Schedules

General Conditions of Contract

Special Conditions of Contract

Scope of Work, Annexure

Volume – II Financial Bid

Bill of Quantities

Addenda issued by PHED*

Addendum No. Dated

*to be filled in by the Tenderer


: ......................

Name : .....................

Designation : .....................

Name of Agency : ......................

Postal Address : ......................


Tender Document


31

SECTION – 2

GENERAL CONDITIONS OF CONTRACT


Tender Document


32

GENERAL CONDITIONS OF CONTRACT

GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONTRACTORS

All works, proposed for execution by Contract, will be notified in a form of invitation to tender

pasted on public places and on a board hung up in the office of and signed by the Executive

Engineer or other duly authorized Engineer.

1. The form of invitation to tender will state the work to be carried out, as well as the date of

submitting and opening of tenders and the time allowed for carrying out the work, also the

amount of Earnest Money to be deposited with the tender and the amount of the Security

Deposit to be deposited by the successful tenders and the percentage, if any, to be

deducted from bills. Copies of the specifications, designs and drawings and estimated

rates/ scheduled rates and any other document required in connection with the work signed

for the purpose of identification by the Executive Engineer shall be open for inspection by

the Contractor at the office of the Addl. Chief Engineer or other duly authorized Engineer

during office hours.

2. In the event of the tender being submitted by a firm, it must be signed separately by each

partner, thereof, or in the event of the absence of any partner, it must be signed on his

behalf, by a person holding a Power of Attorney, authorizing him to do so. Such power of

Attorney will be submitted with the tender and must disclose that the firm is duly registered

under the Indian Partnership Act, by submitting the copy or registration certificate.

3. Receipts for payments, made on account of a work when executed, by a firm must also be

signed by the several partners, except where the contractors are described in their tender

as a firm, in which case the receipts must be signed in the name of the firm by one of the

partners or by some other person having authority to give actual receipts for the firm.

4. Any person, who submits percentage rate tender, shall fill up the usual printed form stating

at how much percent above or below the rates specified in Schedule G. he is willing to

undertake the work. Only one rate of percentage, more or less, on all the estimated

rates/scheduled rates shall be mentioned. Tenders, which propose any alteration in the

work, specified in the said form of invitation to tender, or in the time allowed for carrying out

the work, or which contain any other conditions of any sort, will be liable to rejection No

single tender shall include more than one work, but Contractors, who wish to tender for two

or more works, shall submit a separate tender for each work. Tenders shall have the name

and number of work, to which they refer, written outside the envelope.

5. The Executive Engineer or other duly authorized Engineer will open the tenders in the

presence of-any contractor(s) or their authorized representatives who may be present at

the time, and will announce-and enter the rates/amounts of all tenders in the Register of

Opening of Tenders, (Form RPWA 20A). In the event of the tender being accepted, a

receipt for the Earnest Money deposited shall be given to the Contractor, who shall sign

copies of the specifications and other documents mentioned in Rule 1. In the event of a


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33

tender being rejected, the Earnest Money forwarded with such accepted tenders shall, be

returned to the Contractor making the same.

6. The Executive Engineer or other duly authorized Engineer shall have the right of rejecting

all or any of the tender without assigning any reason

7. The receipt of an Accountant, Cashier or any other official, not authorized to receive such

amount, will not be considered as an acknowledgment of payment to the Addl. Chief

Engineer or other duly authorized Engineer.

8. The memorandum of work tendered for memorandum of materials and of tools and plant to

be supplied by the Department and their rates, shall be filled in and completed in the office

of the Executive Engineer or duly authorized Engineer before the tender, form is issued.

9. If it is found that the tender is not submitted in proper manner, or contains too many

corrections and or unreasonable rates or amounts, it would be open for the Engineer-In-

Charge not to consider the tender, forfeit the amount of earnest money and/or de-list the

contractor.

10. The tenderer shall sign a declaration under the Official Secrets Act for maintaining secrecy

of the tender documents, drawings or other records connected w\£h the work given to him

in form given below. The unsuccessful tenderers shall return all the drawings given to them.

Declaration;

"I/We hereby declare*that I/We shall treat the tender documents, drawings and other records,

connected with the work, as secret and confidential documents, and shall not communicate

information derived there from to any person other than a person to whom I/We am/are

authorized to communicate the same or use the information in any manner prejudicial to the

safety of the same."

11. Any percentage rate tender containing item-wise rates, and any item rate tender containing

percentage rate below or above estimated/scheduled rates, will be summarily rejected.

However, if a tenderer voluntarily offers a rebate for payment within a stipulated period, this

may be considered.

12. On acceptance of the tender, the name of the accredited representative(s) of the Contractor

(with a photograph and signature attested), who would be responsible for taking instructions

from the Engineer-In-Charge, shall be communicated to the Engineer- in-charge.

13. Sales tax or any other tax on materials, or Income Tax in respect of the contract shall be

governed by Clause 36 A, B and C and D of the Conditions of Contract. Deduction of

Income Tax at source will be made as per provisions of the Income Tax Act, in force from

time to time.

14. The tender to work shall not be witnessed by a Contractor or Contractors who himself

themselves has/have tendered or who may and has/have tendered for the same work.

Failure to observe the secrecy of the tenders will render tenders of the contractors, tendering

as well as witnessing the tender, liable to summary rejection.

15. If on check there are discrepancies the following producer shall be followed

o Where there is a difference between the rates in figures and words, lower of the two

rates shall be taken as valid and correct rate.


Tender Document


34

o When the rate quoted by .the contractor in figures and in words tallies, but the

amount is not worked out correctly, the rate quoted by the contractor shall be taken

as correct and not the amount worked out.

o While quoting rates, if rate/rates against any item or items are found to be omitted,

the rate given in the Schedule 'G' by the department for such items will be taken into

account while preparing comparative statement and contractor shall be-bound to

execute such item on 'G Schedule rates.

o In case where percentage is given but the 'above' or •below' not scored, the Tender

will be non-responsive.

16. The Contractor shall comply with the provisions of the Apprenticeship Act, 1961, and the

rules and orders issued, there under, from time to time. If he fails to do so, his failure will

be a breach of the contract and the original sanctioning authority in his discretion may

cancel the contract. The Contractor shall also be liable for any pecuniary liability arising on

account of violations by him of the provisions of the Act.

17. The Contractor shall read the specifications and study the working drawings carefully

before submitting the tender.

18. The site for execution of the work will be made available as soon as the work is

awarded. In case, it is not possible for the Department to make the entire site available

on the award of the work, the Contractor shall arrange his working program accordingly.

No claim, whatsoever, for not giving the site in full on award of the work or for giving the

site gradually in parts will be tenable. The contractor may satisfy himself regarding site,

acquisition of land, approach roads etc.

19. The tender documents show already the specific terms and conditions on which

tenders are required by the Government. Hence, all tenders should be in strict

conformity with the tender documents and should be fulfilled in, wherever necessary, and

initiated. Incomplete tenders are liable to be rejected. The terms and conditions of the

tender documents are firm, as such conditional tenders are liable to be rejected.

20. The tenderer, while submitting tender, must provide adequate information regarding his

financial,, technical and organizational capacity and working experience to execute the

work of the nature and magnitude.

21. The Addl. Chief Engineer or other duly authorized Engineer reserves the right to ask

for submission of samples as in respect of materials for which the. tenderer has quoted

his rates before the tender can be considered for acceptance. If the tenderer, who is

called upon to do so, does not submit within seven days of written order to do so, the

Engineer-In-Charge shall be at liberty to forfeit the said earnest money absolutely.

22. The Contractor shall submit the l i s t of the works, which are in hand

(progress). In the following form:

Name of work

Name and particular of the Sub Division/Division, where work is

being executed

Amount of work

Position of works in progress

Remarks

1 2 3 4 5


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35

23. The Contractor should quote his rates only in one language i.e. either in Hindi or

English. Rates should be quoted in figures as well as in words. In case a Contractor

has quoted rates in both the languages, and the rates so quoted differ, then the lower

of the two shall be treated as the rate quoted by the Contractor.

24. All additions, deletions, corrections and overwriting, must be serially numbered and

attested by the Contractor at every page, so also by the officer opening the tenders,

so as to make further disputes impossible on this score.

25. After acceptance of the tender, the Contractor or all partners (in the case of

partnership firm), will append photographs and signatures duly attested, at the time of

execution of Agreement

26. If any contractor, who having submitted a tender does not execute the agreement or

start the work or does not complete the work and the work has to be put to re-

tendering, he shall stand debarred from participating in such re-tendering in addition

to forfeiture of Earnest Money/Security Deposit and other action under agreement.

27. The tender documents shall be issued to those contractors only having valid

enlistment as on the date of issue of documents.

28. If a tenderer reduces the rates voluntarily after opening of the tenders/ negotiations,

his offer shall stand cancelled automatically, his earnest money shall be forfeited

and action for debarring him from business shall be taken as per enlistment rules.

If a non-tenderer offers lower rates after opening of tenders, action for debarring him

from business shall be taken as per enlistment rules.

29. Contractors shall submit only unconditional tenders. Conditional tenders are liable to

be rejected summarily.


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TENDER FOR WORKS

I/We hereby tender for the “Operation & Maintenance of Pump & Tank WSS Mahuwakhera for 5 years, Tehsil: Bari, PHED Div. Bari (Dholpur)” for the Governor of the State of Rajasthan of the work specified in the underwritten memorandum within the time specified in such memorandum at Lump Sum Amount of Rs. …………. (in Figures) Rs. …………………. (In Words) specified in the Schedule attached in Tender Document.. (Amount may be kept blank). I/We have visited the site of work and am/are fully aware of all the difficulties and conditions likely to affect carrying out the work. I/We have fully acquainted myself/ourselves about the conditions in regard to accessibility of site and quarries/kilns, nature and the extent of ground, working conditions including stacking of materials, installation of tools & Plant, conditions effecting accommodation and movement of labour etc . required for the satisfactory execution of contract.

Memorandum

General description of work- Operation & Maintenance of Pump & Tank WSS Mahuwakhera for 5 years, Tehsil: Bari, PHED Div. Bari (Dholpur)

(a) Estimated Cost Rs. 08.00 Lacs

(b) Earnest Money Rs. 16000/- @ 2% for enlisted contractors outside their zone of enlistment

Rs. 4000/- @1/2% within their zone of enlistment

(c) Security Deposit:

(i) “The security deposit @ 10% of the gross amount of the running bill shall be deducted from each running bill and shall be refunded as per rules on completion of the contract as per terms and conditions. The earnest money deposit shall however be adjusted while deducting security deposit from first running bill of the contractor. There will be no maximum limit of security deposit.

A contractor may, however, elect to furnish bank guarantee or any acceptable form of security for an amount equal to the full amount of security deposit @ 10% of the work order before or at the time of executing the agreement. In that case earnest money may be refunded only after furnishing of the bank guarantee as above. During the execution of the work or after completion of the work also a contractor may replace the security deposit by furnishing bank guarantee for an equal amount. However, during execution of the work if cost of work exceeds as shown at the time of furnishing bank guarantee, balance security deposit shall be deducted from the Running Account Bills."

If the contractor during the course of execution of the work or after completion of the work desires to replace the security deposit paid in cash or deducted from running bills by bank guarantee, he may be allowed to furnish a bank guarantee in the prescribed form for the required amount and period and after accepting of such bank guarantee the amount of such security deposit earlier deposited/deducted may be refunded.

(ii) Bank Guarantee shall in all cases be payable at the headquarter of the Division or the nearest District Headquarters.

(d) Time allowed for the completion of work (to be reckoned from the 10th day after the date of written order to commence the work) is Five Years. Should this tender be accepted in whole or in Part, I/We hereby agree to abide by and fulfill all the terms and provisions of the conditions of contract annexed hereto and of the detailed notice for


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technical and financial bids, or in default thereof, to forfeit and pay to the Governor of Rajasthan or his successors in office, the sum of money mentioned in the said conditions.

A sum of Rs. ……….…..lacs is forwarded herewith in the form of Cash, Bank Draft, Bankers Cheque as Earnest Money. This amount of earnest money shall absolutely be

forfeited to the Governor of Rajasthan or his successor in office without prejudice to any other right or remedies of Governor of Rajasthan or his office, should I/We fail to

commence the work specified in the above memorandum.

Signature of Witness Signature of Contractor

Witness's address & occupation Address of Contractor

Date

The above tender is hereby accepted by me on behalf of the Governor of Rajasthan

Dated the _____________ Engineer-In-Charge


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SECTION – 4

SCOPE OF WORK


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SCOPE OF WORK

A. SCOPE OF WORK FOR O&M OF ALL TYPES OF PIPE LINES SYSTEM)

1. GENERAL

1.1. The scope of work for operation and maintenance of all types of pipe lines under this contract to be checked as per Bill of Quantities (BOQ) covering Water Supply Scheme of Mahuwakhera Tehsil: Bari , as per the details in Annex-10. The lengths of pipe lines are approximate and may be slightly more/less on account of length of specials and appurtenances etc. No extra amount shall be payable to the contractor or deduction made from the tendered cost if there is any variation in the actual length of the pipe lines. No extra payment shall be made for additional length pipe line up to 10% of the total length.

The work of operation and maintenance of above pipeline is a composite job and the scope of work basically comprises of the following:

2. RESPONSIBILITIES/JOBS TO BE CARRIED OUT ON REGULAR BASIS.

2.1 Surveillance of pipeline by patrolling party, checking and monitoring of pipeline, air valve, scour valve, chambers pedestals and earth cover etc. for the purpose of successful operation and maintenance of the pipeline.

2.2 Reporting about pipeline valve and appurtenances by the prescribed method in prescribed Performa to the Engineer-In-Charge.

2.3 The Contractor shall be responsible for any theft, damages, sabotaging, security and safety of all electrical and mechanical installations in pump house campus & tube wells, pipe line, valves, components, appurtenances, chambers of specials and thrust block etc. Any loss on this account shall be recovered from the contractor. Contractor shall be responsible for watch and ward of pipeline and valves fixed over pipeline in valve chambers.

2.4 For removing of unwanted trees, shrubs, bushes etc. over pipeline. He will be also responsible for making easy approach to pipeline.

2.5 Contractor shall maintain the necessary infrastructure as per job requirement. For keeping updated record of consumer load survey details as per scope of work defined above.

2.6 Checking of residual chlorine at CWR/GLR and Consumer ends and keeping records as per direction of Engineer-In-Charge. All required equipments for this work like cholroscope, Test Tubes and OT solution shall be arranged by the contractor. The contractor shall also be responsible to take bacteriological sample of water as per direction of Engineer-In-Charge and get the sample to be tested from the departmental lab. The required test shall be arranged by the department free of cost.

a) The contractor must keep sufficient stock of bleaching powder bags, spares of starters, submersible cables, all electrical parts to repair starter panel, leakage jointing material (CID joints) & pipes of all sizes required for maintenance. The department shall provide only the bleaching powder free of cost. All other required material are to be arranged by the contractor himself at his own cost.


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b) The Contractor shall regularly check the drains/sewer manholes on regular basis. Any service connections passing through the drains/sewer chambers shall be immediately disconnected/bye passed from the main water line as directed by the Engineer-In-Charge. Any Complaints regarding pollutions in water pipeline at consumer ends shall be raised/rectified with on war footing basis and supply of potable water with Minimum Residual Chlorine of 0.2 PPM must be ensured.

c) Any illegal connections from rising/distributions mains shall be disconnected by the contractor from the ferrule points as directed by Engineer-In-Charge.

d) The water supply to the areas through direct tube wells shall be maintained by the contractor as per operational schedule given by concerned AEn and if any zoning, if required, shall be done by the contractor as directed by Engineer-In-Charge. The material required for zoning like valves, specials etc. shall be provided by the department.

3. RESPONSIBILITY/JOBS TO BE CARRIED OUT PERIODICALLY:

3.1 Periodicals checking of sluice valve Air valve, Non return valve and other specials like bends tee etc. and should be recorded in the prescribed logbook. Carrying out periodical maintenance regularly such as greasing, gland packing, inspection, replacement of rubber sheet, nut bolts etc. of valve and appurtenances. Such maintenance should be carried out at least once in three months or as per direction of Engineer-In-Charge or as per respective manufacturer’s code of practice.

All over periodical maintenance of valves and appurtenances is included under the fixed items for which payment shall be made as per Bills of Quantities (BOQ)

4. REMOVAL OF LEAKAGES IN ALL TYPES OF PIPELINES

4.1Removal of leakage in all types of pipeline consists of the following items:-

a) LEAKAGE REPAIRING ON JOINTS:

Repair of leakage on joint/pipeline includes excavation in all sorts of soils/rocks up to its working space around joint/pipe, bailing out of water either manually or by dewatering pump sets, caulking of joints with lead wool, hemp, cement sand mortar, so as to make it leak proof, wherever required and refilling of the trench of the repaired joint/pipe joint pipe with sand so that the pit/ trench is levelled and no depression is left after compaction

b) REPAIRING AND REPLACEMENT OF BURST PIPELINES

In case of burst in pipelines, work shall include immediate detection of location, closure of nearest u/s and d/s SV valves and opening of scour valves in nearby vicinity within Two hour period of detection of location, excavation in all types of soils/rocks in the affected portion up to its working space required, dewatering and bailing out of water either manually or by using diesel/petrol/kerosene driven dewatering pump sets, breaking and taking out of damaged pipe from the trench and replacing by appropriate class of pipe of diameter equal to that of damaged pipe. This job also includes complete cutting, placing, jacking/rejacking, welding in case of MS


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pipe, fabrication and refilling of trench required for replacement of damaged pipe and transportation of damaged pipe from site to nearest PHED stores at pumps houses. No material for leakage/burst pipe repair will be given by the department Welding rods, machinery, T & P and skilled/ unskilled labour is also to be arranged by contractor.

The contractor shall immediately repair the damaged pipe line due to development works under taken by other departments such as JVVNL/BSNL etc., and restore supply. The contractor shall keep strict vigil on such works so that the pipe lines and TW cables are not damaged

The contractor shall take all safety measures to repair the pipe lines and refill the leakage pits with sand with proper compaction. Any accident are casualty on account of left out open pits or underground power cables will be the sole responsibility of the contractor.

c) REMOVAL OF LEAKAGE FROM MS SPECIALS:

• LEAKAGE REPARING WITH DISLOCATION

Leakage with dislocation of pipes/ specials includes jacking/rejacking/ cutting, welding, dewatering and excavation in all sorts of soils/rocks, if required.

• LEAKAGE REPAIRING WITHOUT DISLOCATION IN PIPELINE:

Leakage without dislocation of pipes/specials includes cutting, welding, dewatering and excavation in all sorts of soils/rocks, if required.

5. RECORDS AND LOG-BOOKS:

5.1 The following printed record/logbook shall be maintained and produced periodically by the contractor for proper monitoring by the Engineer-In-Charge. The completed records/logbook should be deposited with Engineer-In-Charge.

• Log books, showing preventive maintenance/periodical check up of valves and other appurtenances. Logbooks showing details of removal of leakage and bursting of pipe lines e.g. time of intimation, time for repair, quantity of materials used etc.

• Logbooks showing daily operation of pump house and tube wells as directed by Engineer-In-Charge and as explained in various paras of this document.

5.2 Record of chlorination at OHSR/CWR/GLR (on hourly basis) and at consumer end points (min 10 samples/day) at different locations as per direction of AEn in charge.

6. REPAIRS TO STRUCTURES

1 If during maintenance work any dismantling of existing compound wall or structure is required for facility of the site of work, the contractor to make it in previous original shape after completion of the work at his own cost. In any case this payment shall be not allowed by the department on such work either for dismantling or repairing and reconstruction of old structures.


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7. MEASUREMENT OF THE WATER PRODUCTION AND THEIR RECORD:-

1 The contractor shall be required to install water meters, provided by the department, at the inlet of CWR, outlet of OHSR, inlet & outlet of transfer systems or as decided by the EIC so as to check the water production being supplied/transferred in between the systems and accordingly water losses could be assessed so that these losses may be minimised to the possible extent.

2. The contractor shall ensure to submit daily Production & Supply statement in prescribed format as per direction of Engineer in charge. The report shall be submitted in soft copy as well as in hard copy (upto 5: 00 PM) on the same day to JEN/AEN and Executive Engineer

8. SCOPE OF WORK FOR OPERATION & MAINTENANCE OF TUBE WELL: -

1 The scope of work for O&M of tube wells shall include the following but not limit to:

a) Repair or rewinding of burnt Submersible pump set and repair/replacement of bearings, damaged impellers and other damaged parts so that operation of pumps ensures uninterrupted Water Supply, all materials is to be supplied by the contractors at his own cost.

b) Routine maintenance of pumps as per recommendation of the manufacturer. c) The contractor at his own cost should do Repair/replacement of damaged

cable. d) During the breakdown preventive maintenance of all electric components

like, starters, meters etc, of the panels at tube well, the contractor shall replace all spares / parts of panel at his on cost.

e) Running of 6 HP to 15 HP submersible pumping set installed in tube wells to pump water into GLR/CWR/OHSR or distribution system round the clock subject to availability of electricity and actual water requirement.

f) Tube wells are likely to be operated for 8 hours of power availability in rural area except for the reason of power failure. No tube well shall remain idle for more than 24 hrs, in case of failure of pumping set, including replacement of pumping set. If tube well remains idle for more than 24 hrs due to contractor’s negligence, it shall be deemed as unsatisfactory performance and penalty will be imposed as per special terms & conditions.

g) The contractor should be required to measure water production of each tube well through water meters. The department will provide these water meters and the same will be installed by the contractor at his own cost to the satisfaction of the Engineer-In-Charge. The contractor should also required to maintain Log Sheet of each tube well so as to maintain daily production of water & power consumption of each tube well including water meter reading. If there is no water meter installed on tube well, then daily production shall be calculated by multiplying discharge of pump set & hour of running. The Log Sheet should also be arranged by the contractor at his own cost after approval of its format by Engineer-In-Charge. The scope of the work also covers the complete repairs & maintenance of the bulk water meters, starters and pumping set of each tube wells. The contractor shall be fully responsible for production of water as envisaged by the department. The duty condition of the pumping set like discharge, head, efficiency etc. shall be checked by the contractor before lowering into the tube well and these parameters shall


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be brought into notice of the authorized representative of Engineer-In-Charge as per manufactures manual & engineering practice.

h) The contactor has to carry out round the clock maintenance of all the tube wells as mentioned in the Annex-10 of the Scope of Work.

B. SCOPE OF WORK FOR MAINTENANCE OF CAMPUS/THEFT ETC.

1 The scope of work for O&M of maintenance of campus shall include the following but not limit to:

a) Cleaning of Campus/ around TW/ GLR/SBR on daily basis. b) Contractor shall be responsible for any theft, damages, sabotaging, security

and safety of campus. Any loss on this account shall be recovered from the contractor.

c) OHSR shall be cleaned immediate after handing over/taking over of the scheme and regular cleaning of OHSR on six monthly bases.

The contractor shall be liable of carrying out any such work, not included herein but required for satisfying public complaints, avoid disruption of water supply, avoid water low pressure problems and loss of water etc. as per direction of Engineer-In-Charge.

Signature of the Contractor/s

Executive Engineer PHED, Division Bari


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ANNEX-10

SALIENT FEATURES OF THE SCHEME

NAME OF WORK: Operation & Maintenance of Pump & Tank WSS Mahuwakhera for 5 years, Tehsil: Bari, PHED Div. Bari (Dholpur)

STATEMENT OF ASSETS

S.No. Particulars Details

1 Designed Daily Demand of water

P&T WSS Mahuwakhera 120 KLD

2 Supply Duration

(a). Morning -

(b). Evening -

3 Pumping Hours

(a). Tube wells to OHSR/GLR 8 Hours

(b). Tube Wells (Direct) As Required

4 Expected Safe Yield of Tube wells 10000- 15000 LPH

A Tube well Details (a). Number of tube wells S.No. Size of Tube

well Name of Scheme Nos.

(a) 200 mm P&T WSS Mahuwakhera

2

Total 2

(b). Addition and Substraction of tubewells. S.No. Size of Tube

well Nos.

(i). 200 mm As per requirement

B Details of Storage Reseviours. (a). Ground Level Reserviour and Over Head Service Reserviour S.No. Particulars Location Capacity Stagging Nos.

RCC GLR Mahuwakhera 30 KL - 4

C Details of Rising and Distribution Mains. S.No. Particulars Type Diameter Length

1 Rising mains / feeder main

HDPE PE 80 PN 6.0 up to 110 mm 2800 m

2 Distribution mains

- - -


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D Details of Civil Works S.No. Particulars Nos.

1 Switch Board Room

1 at each scheme

Note: Size wise lengths of pipe lines mentioned above are approximate and may vary from actually laid on site. No extra amount shall be payable to contractor or deductions made from the tendered cost if there is any variation in the actual lengths of the pipe line. Contractor should fully acquaint himself of actual site conditions and assets of water supply scheme before tendering.


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SECTION – 4

SPECIAL CONDITIONS OF CONTRACT


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SPECIAL CONDITIONS OF CONTRACT

1. PRIORITY OF CONTRACT DOCUMENTS

The documents forming part of the agreement are to be taken as mutually explanatory documents of one another. In case of discrepancies they shall be explained and adjusted by the Engineer-In-Charge. The priority of the Contract documents shall be as follows:

1. Contract Agreement

2. Letter of award

3. Special Conditions of Contract with their Annexes

4. General Conditions of Contract with their Annexes

5. Instructions and Guidance to Tenderers with their Annexes

6. Work Description

7. Bills of Quantities with Prices

2. TYPE OF CONTRACT

The works described in this tender document is on Item wise Lump Sum contract basis. The works described in this tender document is considered to be an O & M Contract. The contractor is responsible for the entire Operation & Maintenance and repair works of various sizes & lengths of all types of Rising & Distribution Pipe lines, tube wells & pumping machineries of different duty conditions, OHSR, GLR’s & other associated works under the P&T WSS Mahuwakhera Tehsil: Bari District: Dholpur. The name of the work under this contract is "Operation & Maintenance of 3 No. Pump & Tank WSS Mahuwakhera for 5 years, Tehsil: Bari, PHED Division Bari (Dholpur)

3. AUTHORITIES

EXECUTIVE ENGINEER, ENGINEER-IN-CHARGE, REPRESENTATIVES

The O & M work shall be supervised by the EXECUTIVE ENGINEER, PHED DIVISION BARI or his authorised representative, He shall carry out the duties specified in the Contract.

4. INSTRUCTIONS BY THE ENGINEER-IN-CHARGE

Instructions if any to the Contractor shall be given in writing. Oral instructions given have to be confirmed in writing by the Executive Engineer or his Representative.

These provisions shall also apply to the Engineer-In-Charge and to any of his assistants.

5. COMMUNICATION BETWEEN THE DEPARTMENT AND THE CONTRACTOR

ADDRESSES FOR NOTICES

Notices with legal and contractual issues shall be addressed to the EXECUTIVE ENGINEER’s office. Notices with technical issues shall be addressed to the respective Engineer-In-Charge.

Any notice given by the Contractor to the Executive Engineer or the Engineer in Charge under the terms of the Contract shall be sent by post, courier, or fax to or submitted in person to the receipt clerk and having obtained a receipt thereof in the office of the Executive Engineer or the Engineer-In-Charge only or the addresses as he shall indicate


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for this purpose only. All certificates, notices or instructions to be given to the Contractor by the Executive Engineer or the Engineer-In-Charge under the terms of the Contract shall be sent by post, courier, or fax or left at the Contractor's principal address or the address as the Contractor shall indicate for this purpose only.

6. CONTRACTOR'S STAFF

The Contractor shall employ for the execution of the Work only such persons as are skilled and experienced in all activities required for the completion of the Work.

The qualification of staff employed by contractor shall be as per Rajasthan water supply rules1967.

The Engineer-In-Charge shall be at liberty to object and require the Contractor to remove from the Work any person who in the opinion of the Engineer-In-Charge misconduct himself or is incompetent or negligent in the proper performance of his duties. Such person shall not be again employed without permission of the Engineer-In-Charge.

The Contractor shall at all times during progress of the Work take all requisite precautions and use his best endeavours to prevent any riotous or unlawful behaviour by or amongst the workers and other persons employed on the Works and for the preservation of peace and protection of the inhabitants and the security of property in the neighbourhood of the Work.

The Contractor shall, if required, by the Engineer-In-Charge deliver to him a return in detail in such form and at such intervals as the Engineer-In-Charge may prescribe, showing the supervisors and labour employed by the Contractor for work. The Contractor shall make his own suitable arrangements for lodging and boarding of his, labour and supervisors.

7. CONTRACTOR'S SUPERVISION

The Contractor shall himself supervise the Work or shall appoint a competent agent approved by the Engineer-In-Charge to act on his behalf.

8. PRICE VARIATION

No price variation on any account will be applicable.

9. ACCIDENT OR INJURY TO CONTRACTOR EMPLOYEES

The department shall not be liable for, or in respect of any damages or compensation payable by law in respect of, or in consequence of any accident or injury to any person in the employment of the contractor and the contractor shall indemnify and save harmless the department against all such damages and compensation and against all action, suits, claim, costs or expenses arising therefore. The contractor shall ensure against such liabilities and shall continue such insurance during the whole of the time that any persons are employed by him on works.

10. HANDING OVER/TAKING OVER OF WATER SUPPLY INFRASTRUCTURE

The department shall hand over the complete system such as Tube wells with starter panel board, pumping machinery, Pumping Station premises if available under the scheme, different pipe lines (Rising mains & distribution mains), valves of various sizes, OHSR, GLR, SBR etc. and all ancillary units in working condition on the basis of as is where at the time of handing over to the contractor on award of contract for its operation, maintenance, safety and security of these equipments. The contractor shall hand-over back all the equipments to department in working condition on completion of the contract. The department reserves the right to operate all Bank Guarantees/Security Deposits, or part of the Bank Guarantees/Security Deposits to meet out any losses in case of damages/ theft/ mishandling etc. of the Government properties due to negligence on the part of contractor.


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If losses/damages caused by the contractor are more than the Bank Guarantee & other deposits available with department then contractor shall have to deposit the difference amount. If contractor does not deposits the difference amount, then department will recover the dues under various relevant acts & clauses.

11. RULES AND REGULATIONS APPLICABLE ON STAFF ENGAGED BY CONTRACTOR:-

Staff engaged for entire operation/maintenance etc. shall have to be in accordance with the rules and regulations laid down by the Ministry of Labour Welfare, Government of India. The wages and other essential amenities, group insurance, compensation etc. shall be paid/allowed as per Government rules and expenditure on this account shall be contractor's responsibility. The necessary registration under labour rules shall be mandatory. Any sort of compensation due to loss of life/retrenchment, accident etc. shall be borne by the Contractor. The department shall not bear any liability of labour, as it is the entire responsibility of Contractor. He will be employer under Labour/Factory Act 1948 etc., and department is only concerned with O & M through this contract. The contractor is liable for engaging sufficient skilled staff for proper O&M of all plant and machinery as directed by Engineer-In-Charge.

12. THE OPERATIVE STAFF SHALL BE SUITABLY SKILLED AS PER REQUIREMENT OF JOB.

STAFF:

Minimum Supervisory, Operation & Maintenance staff, required to fulfil the requirement of Scope of Work to the satisfaction of Engineer-In-Charge, shall be available at all the times on the schemes.

Following minimum staff to be deployed by the contractor during O&M of Water Supply system:-

S.No Designation Minimum staff for O&M work

Remarks

1. Pump Driver 1 1 pump driver each scheme as per availability of power to run tube wells under the contract

2. Electrician 1 1 electrician whenever required as per site condition

3. Maintenance staff

It shall be as per work requirement to attend O&M work in schedule time for each activity under scope of work.

13. SUPPLY OF ELECTRIC POWER AND PAYMENT THEREOF:

The electric power shall be provided by JVVNL at respective pumping stations and tube wells, department will make payment of energy bills.


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14. SAFETY PRECAUTION TOWARDS MAN POWER AND WATER SUPPLY INFRASTRUCTURES.

Adequate safety precautions against fire, flooding, lightening, electrical mishaps, the contractor at his own risk & cost shall strictly observe accidents due to moving/non moving equipments. Suitable safety measures like boots, gloves, insulated tools, alarms, chequered rubber sheets etc. Shall be provided/arranged by the contractor at his own cost. A fully equipped Medical First Aid Kit should be available at each pump house at all the times. In absence of observance of above safety precautions or otherwise the contractor shall be responsible for any unforeseen loss on the equipment or person(s) dealing with these equipments.

In the event of any damage/loss of life and property under the contract, the contractor shall be solely responsible and liable for compensation and damages. The contractor will be liable against any legal action arising out of the negligence on the part of contractor in due performance of contract. However, any Third Party Legal complications due to this shall be the liability of contractor.

15. PERIOD OF CONTRACT:

Period of contract shall be Five Years after 10 days from date of award of Contract. However, it may be extended for the One Year with mutual consent on same Rates, Terms & Conditions of the Tender Document.

16. TERMS OF PAYMENT:

The due payment for the works allotted shall be payable as below:-

Payment for Operation and Maintenance of the work shall be payable on quarterly basis.

17. PAYMENTS AGAINST RUNNING BILLS:

The contractor shall submit his Bill at the end of each quarter along with the following record/ documents duly verified by and countersigned by the AEn-in-Charge as an evidence of the Contractor's Satisfactory Performance. For this the contractor shall submit checklist duly filled, verified and countersigned by concerning JEN/ AEN for the satisfactory performance.

Signed and duly verified copy of Logbook for Pump House, Tube wells and Pipe lines in the format approved by Engineer-In-Charge. All required documents like Logbooks of Pump House & Tube wells mentioning the Bulk meter reading and Energy Meter Reading along with other details, daily production detail, Complaint Book, Daily Supply & Residual Chlorine Checking Register etc., shall be arranged by the contractor at his own cost.

Certificates about all instructions given have been attended within a reasonable period.

Certificates about break down, if any have been attended.

Certificate about Routine, periodical & preventive maintenance as required has been done by the contractor and return submitted in the format given by the Engineer-In-Charge.


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18. DEDUCTION AND RECOVERIES:

Statutory deductions:

The security deposit @ 10% the gross amount of the Running Bill shall be deducted from each Running Bill and shall be refunded as per rules on completion of the contract as per terms and conditions of the contract. The Earnest Money deposited shall be however, be adjusted while deducting Security Deposit from Running Bill of the Contractor. The liability of all Taxes including Royalties, Duties, Octroi, and Toll Taxes etc. whatever applicable will be the liability of Contractor. However, statutory deductions of Income Tax, Sales tax, Royalty etc., will be made from all Running/Final Bill as per prevalent rules in force.

19. Price Variation :

No price escalation shall be allowed during the entire O&M period of the Contract.

20. COMPENSATION:

In case of unsatisfactory performance by contractor in operation and maintenance, compensation @ 0.25% of contract value per week of unsatisfactory performance, subject to maximum of 10% of contract value shall be levied. Regarding such liquidity damages the decision of the Executive Engineer shall be final and binding upon the contractor.

Unsatisfactory performance by the contractor is defined as under:-

20.1 BREAKDOWN IN PUMP HOUSES/ TUBE WELLS:

The contractor shall be fully responsible for any interruption in water supply due to breakdowns caused by his/ his staff negligence. The work to be done is defined in chapter “Scope of work”. If he fails to do any of the work described as above, it shall be deemed as satisfactory performance by the contractor.

The contractor shall also submit daily report to the office of Assistant Engineer regarding day to day activities done and any failure/defect/difficulty experienced.

The contractor shall maintain at least minimum efficiency of all pump sets as per standard norms of department and as per direction of EIC. In case of not maintaining minimum efficiency, excessive electricity billing charges or any other charges which arises due to failure in maintaining the desired minimum efficiency shall be recovered from contractor’s Bill.

20.2 DELAYED REPAIR IN PIPE LINES:

Leakage’s/burst pipe lines should be repaired within 24 hours or otherwise shall be deemed as un satisfactory performance by the contractor.

Any compensation so levied due to non-performance or poor performance of contract shall be deducted from the existing running bill immediately.

20.3 POOR ROUTINE AND PREVENTIVE MAINTENANCE OF PIPE LINES:

The unsatisfactory performance shall include inadequate Routine & Preventive maintenance, non-repair of Mechanical/Electrical/ Instrumentation equipments and as per work defined in section “Scope of Work” within


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reasonable time or non-compliance of the clauses of the contract to the satisfaction of the Engineer-In-Charge.

The contractor shall maintain quality of the work as per standard norms of the department. In case of failure of maintaining the quality of work deductions shall be done as per the recommendation of EIC.

RECOVERIES:

Any recovery against past contract can be made from instant contract and any recovery against instant contract can be made from sum available in any other contracts as well as recoveries as per Acts & Rules.

21 ARRANGEMENT OF TOOLS AND TACKLES AND HEAVY EQUIPMENTS:

The contractor at his own cost shall arrange all sorts of tools, tackles required for operation and maintenance of the plant. However, department may assist the contractor with any tools if available in the discretion of Engineer-In-Charge in case of exigencies without any cost chargeable to the contractor.

22 EXTENT OF WORK CONTRACT:

The complete Scope of Work is defined in the tender document. The contractor shall carry out any associated works which have not been mentioned here in the tender document but which are required and essential to run the water supply system smoothly and interruption free. He should include expenses towards such items in rate offered against fixed items. The offered rate shall be deemed to be inclusive of all such items.

Any device for preventive maintenance or of operation, which tenderer feels necessary to avoid major breakdowns of control panels, motors or other units may be provided by the tenderer, the cost of which shall be quoted by the tenderer in the offer of maintenance and operation and shall be deemed to be inclusive of these charges in his offer.

The contractor shall be responsible for safety & security of the pumping station campus, building and all other allied structures, machinery and all the tube wells with proper up keep of the same by taking necessary precautions, employing, security guard, barricading, cutting of bushes, trees, illumination in campus as per the instruction of Engineer -in-charge.

The O & M contractor shall be fully responsible for keeping constant liaison and contact with the concerned Executive Engineer, Assistant Engineer & Junior Engineer etc., so as to perform the job smoothly. The O&M contractor shall be fully responsible for all the correspondence & communications and to take necessary steps or guidance to keep the system running.

Measurement of quantities of water production and water transmission.

The measurement of quantity of water supplied/pumping hours shall be calculated on daily basis. Measurement of quantity of water supplied shall be measured by multiplication of discharge with pumping hours or by bulk meter, if installed. Pumping hours shall be calculated from hour meters of pumps or from start - stop hours reading recorded in logbooks. The department if required, will provide the bulk meters and same will be installed by the contractor on his own cost to the satisfaction of the Engineer-In-Charge.

23 STRIKE AND LAY OFF BY CONTRACTORS STAFF:

In the event of strike or any other failure on the part of contractor by the operation and maintenance staff employed by the contractor, the department shall be empowered to operate and maintain all components of the scheme at the sole risk and cost of the contractor.


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24 ARRANGEMENT OF SPARES ETC, BREAKDOWN REPAIR AND SETTLEMENT OF DISPUTE AND RESPONSIBILITY AGAINST NEGLIGENCE:

a) The contractor shall keep sufficient spare parts required for preventive maintenance of all electrical and mechanical installations described in Bill of Quantities and various Para of this document

b) In case of sudden break down, Engineer-In-Charge will decide whether the break down is attributable to contractor's poor preventive maintenance or not after recovery of water supply. If break down is found on the part of contractor, then he shall recover cost of repair/replacement and losses from his due payments, if not rectified/replaced at his cost. However, all costs for repair and rewinding of Submersible pumps and Centrifugal pump sets including cost of all material and parts required shall be born by the contractor. Similarly, all costs for repair of electric panels, starters, Meters, Cable etc installed at tube wells shall be born by contractor.

25 TIME SCHEDULE AND OTHER CONDITIONS FOR BREAKDOWN REPAIRS IN TRANSMISSION SYSTEM:

The time allowed for completion of repair of burst and leakages etc. shall be under:-

Each major breakdown shall have to be repaired within 12 hours. The time taken for the repair of the job shall be counted from intimation given or known to the contractor.

Minor leakages generally do not require removal of any pipe but may require removal of leakage in the existing joint by the method prescribed in scope of work a maximum period of 24 hours shall be allowed for the repair of such leakages.

The JCB (Excavator cum Loader) and Crane of required capacity shall have to be arranged by contractor if required, at its own cost.

Execution of the work against the risk and cost of contractor:

The Department shall reserve the right to get the work done on the risk and cost of contractor without rescinding the contract after a notice given to the contractor if he fails to commence the work within 12 hours of such Notice.

26 TERMINATION

CONTRACTOR’S DEFAULT

The Department shall be entitled to terminate this Contract for the following reasons attributable to the Contractor, unless arising as a result of a Force Major Event, or any cause related to the obligations of the Department

Failure to perform obligations under this Contract i.e., for not making the system functional for a continuous period of more than 3 days.

Repudiation of this Contract by the Contractor or the evidencing of an intention by the Contractor not to be bound by the terms of this Contract.

The Contractor is ordered to be wound up by a court or files a petition for voluntary winding up except for the purpose of amalgamation or reconstruction provided that such amalgamation or reconstruction does not adversely affect the ability of the amalgamated or reconstructed entity to perform its obligations under this Contract, the successor has assumed in writing unconditional responsibility for the performance of the Contractor’s obligations and the technical, financial and operating capability of the successor is satisfactory to the Department.

The Contractor abandons the operation of the Facility.


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27 CONSEQUENCES OF TERMINATION BY DEPARTMENT

If the Department, with reasonable grounds, terminates the contract the Secured Advances, and any other sums of the contractor with the Department, shall be forfeited and action shall be taken against him as per Clause No. 3 of the General Conditions of Contract, if deemed appropriate.

28 INDEMNIFICATION

The Contractor to indemnify the Department against the following:

The Contractor shall at its own expense make good any physical loss or damage to the Facility occasioned by it in the course of the performance of its obligations under this Contract if and to the extent such loss or damage is caused by the wilful misconduct or failure to follow Good Engineering Practices of the Contractor, any sub-contractor or their respective agents or employees.

The Contractor shall indemnify, defend and hold harmless the Department and its officers, employees, agents and affiliates against any and all claims of loss, damage and expense of whatever kind and nature, including all related costs and expenses incurred in connection therewith, in respect of personal injury to or death of third parties and in respect of loss of or damage to any third party to the extent that the same arises out of:

Any breach by the Contractor of its obligations hereunder;

Any negligent act or omission on the part of the Contractor, its subcontractors or their respective agents or employees; and

Any wilful misconduct or breach of Statutory Duty on the part of the Contractor, its subcontractors or their respective agents and employees.

Any other event where such indemnification has been expressly mentioned in this Conditions of Contract for Operation and Maintenance.

The Contractor shall indemnify, defend and hold harmless the Department and its, officers, employees, agents and affiliates against any and all claims of loss, damage and expense of whatever kind and nature, including all related costs and expenses incurred in connection therewith in respect of the death or injury to any person employed by the Contractor or its subcontractors in connection with the performance of the Contractor’s obligations.

The Contractor shall indemnify the Department against all losses and claims in respect of:

Death of or injury to any person, or,

Loss of or damage to any property.

29 PATROLLING OF MAJOR PIPE LINES:

The contractor by his employee shall do daily patrolling of all major pipe lines including pumping main. If the patrolling work in not found satisfactory by the Engineer-In-Charge i.e. leakage or other defects identified on the same day also found unattended on the next day will be considered as unsatisfactory performance of patrolling.

The Contractor shall be responsible for safety and security of all pipelines, electrical and mechanical installations and their appurtenances, valves and valves chambers etc. Any loss or damages occurred due to negligence of contractor he will replace damaged parts free of cost.

Executive Engineer PHED, Division Bari


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Government of Rajasthan

Public Health Engineering Department

Tender

(NIT No. 45/2015-16)

Operation & Maintenance of

P&T WSS Mahuwakhera for 5 years, Tehsil: Bari, PHED

Division Bari, District: Dholpur

Volume II

(Financial Bid) Bill of Quantities-BOQ

ESTIMATED COST

Rs 8.00 Lacs

Executive Engineer,

PHED Division Bari District: Dholpur


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OFFICE OF THE EXECUTIVE ENGINEER, PHED DIVISION BARI (DHOLPUR)

FINANCIAL BID

BILL OF QUANTITIES (BOQ)

Name of Work: Operation & Maintenance of Pump & Tank WSS Mahuwakhera for 5 years, Tehsil: Bari, PHED Div. Bari (Dholpur)

S. No

Particulars Quantity Unit

Rate to be quoted by tenderer

Rate Amount (in Rs.)

1. Operation and Maintenance of Pump & Tank WSS of village Mahuwakhera Tehsil Bari, under the jurisdiction of PHED Division Bari, Dholpur including round the

clock O&M of tube wells, pipelines, OHSR/CWR/GLR, Campus under the contract as described in “Scope of work” & as per details enclosed at Annex-‘10’ etc. No Jointing material, electrical/ mechanical spares, submersible cable etc. shall be supplied by department.

60 months

Lump sum per

month

Terms and Conditions:-

1. Amount mentioned above shall be treated firm and final and no price variation shall be allowed on these items.

2. The contractor shall have to provide all materials and parts required for repair and/or rewinding of submersible pump sets and for repairs of electric panels, starters, meters, damaged cables etc. at all tube wells as per scope of work.

3. The department shall provide all water disinfection materials like bleaching powder, liquid chlorine etc. only.

4. The department shall pay electricity bill of tube wells and pumping stations.

5. All tools and plants, equipments etc. required to carry out the job of O&M shall be arranged by the contractor at his own cost.

6. Period of contract shall be Five Years after 10 days from date of award of Contract. However, it may be extended for the One Year with mutual consent on same Rates, Terms & Conditions of the Tender Document.

7. The contractor shall carry out bench test for submersible Pump sets before lowering in Tube Wells and will also maintain the record of energy efficiency of the each pumping sets under the scope of this work. Any substantial changes in efficiency of submersible pump set shall be brought into the notice of Engineer-In-Charge.

Executive Engineer Signature of contractor PHED Division Bari