ICHAKLKARANJI POWERLOOM MEGA CLUSTER LTDichmegacluster.com/images/Tender/A) ZLD Tender...
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TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
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ICHAKLKARANJI POWERLOOM MEGA CLUSTER
LTD Address of communication: Plot No. 1-7/B, Laxmi Co-op Industrial Estate, Hatkanangale – 416
109, Kolhapur Dist.
Email : [email protected]
TENDER DOCUMENT
Contractor Executive Director
(Signature & Seal) IPMCL
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
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CONTENTS
Sr. No SUBJECT Page No.
1 Introduction 3
2 Details of Tender and Tender Notice 4
3A Terms and Conditions – General 5
3B Terms and Conditions – Special 10
3C Additional Contract Conditions 14
Annexure I: Technical specifications of the Equipment Attchment
Annexure II: Details of EMD payable for Equipment 43
Annexure III: Format for filling up cost details 44
Annexure IV: Format for Bank Guarantee 45
Annexure V: Format to be filled up and submitted in the letter-
head of the bidder 47
Annexure VII: Check List to Bidder 49
Note: Interpretation of any term / word / clause / lies with IPMCL, Ichalkaranji
Contractor Executive Director
(Signature & Seal) IPMCL
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
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INTRODUCTION
1. Ichalkarnji is one of the most prominent decentralized textile hubs in India. In recent years,
there has been phenomenal growth of textile industry in Ichalkarnji. Extremely good quality grey
fabrics are being manufactured in Ichalkarnji. However, sizing and processing are weak links.
With a view to enhance the value of grey fabrics, state of art sizing, warping and processing
activities will be undertaken. Highly sophisticated state of the art machine will be acquired so as
to produce export quality goods at globally competitive cost. Continuous bleaching, continuous
dying range will ensure long yardage of very high quality processed fabrics. For eradication of
pollution, zero liquid discharge(ZLD) plant will be commissioned. Further there will be a captive
generation plant to meet the electricity requirement of the plant. The State of art unit will provide
much needed boost to the textile industry in Ichalkarnji. It is envisaged that apart from the
employment generation, textile industry in and aroundIchalkarnji will generate significant
foreign exchange also.
3. The tender document contains the following:
i. Tender Notice
ii. Terms and conditions – general and special
iii. Technical specifications of items
iv. List of equipment / instruments / accessories being procured
v. EMD payable in respect of each of the items
vi. Format for filling up the cost of items
vii. Format for bank guarantee
viii. Delivery schedule for each of the items
ix. Guidelines for the bidders
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
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The Details of Tender Notice
ICHAKLKARANJI POWERLOOM MEGA CLUSTER
LTD Address of communication: Plot No. 1-7/B, Laxmi Co-op Industrial Estate, Hatkanangale – 416 109,
Kolhapur Dist.
Email : [email protected]
(Established under MCPCD Scheme, Ministry of Textile, Govt. of India)
,
Tenders in two separate sealed covers viz; Technical (Cover- A) and Commercial (Cover- B) are
invited by the IPMCL from bonafide manufacturers/ authorized agents for the supply&
commissioning of 3 MLD ZLD for existing 3MLD ETP with 50% recyle RO
IchalkaranjiPowerloomMegacluster Ltd hereafter called as IPMCL.Details of their
specifications, payment terms and other details are given in the tender document. Interpretation
of terms and conditions and other related issues in the tender would lie with IPMCLonly.
Tenders can be purchased from The Secretary,IchalkaranjiPowerloomIPMCL
Ltd,Ichalkaranji upon payment of a non-refundable fee of Rs.500/- in cash or Demand Draft
drawn in favour of IchalkaranjiPowerloomMegaclusterLtd, payable at Ichalkaranji,. The
tender document can also be downloaded from the website of IPMCL at
www.ichmegacluster.com, If the document is downloaded from the website, the document fee of
Rs.500/- has to be enclosed as a D.D in favor of IchalkaranjiPowerloomMegacluster Ltd,
payable at Ichalkaranji,along with the Technical bid. The bidders who purchase the tender
documents or have downloaded the tender document are only eligible for submission of the
tenders. An Earnest Money Deposit (EMD) has to be submitted as per the details given in the
tender document. Tenders without EMD will not be considered at all. Sale of tender
documents: From12th
August, 2019 (09:30am to 05:30pm). Pre-bid clarification meeting
will be held on 28th
August, 2019 at our Project Office at 1-7 B Laxmi Industrial Estate,
Hatkanangale2016 at 10:30am at IPMCL, to clarify the queries of bidders, if any. Last date
to submit the duly filled up sealed tender atIPMCL, Plot No.1-7 B Laxmi Industrial Estate,
HatkanangaleIchalkarnji is 9th Sept,2019 up to 05:30pm. After detailed analysis of technical
bids, the who are found to be technically responsive will be invited for opening the commercial
bids. Technical Bids will be opened on 16th
Sept, 2019 at 11 AM at IPMCL Project Office.
Dates of Commercial Bid Opening will be informed to the bidders at a later date. Bidders can be
present at the venue during the opening of technical bids.
Contractor Executive Director
(Signature & Seal) IPMCL
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
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3(A) TERMS AND CONDITIONS-GENERAL
1. Tender documents shall be issued by the Office of the IPMCL at Ichalkaranji to
manufacturers/ authorized agents, on payment of Rs.500/- (non-refundable) by cash or DD in
favour of IchalkaranjiPowerloomMegaclusterLtd,payable at Ichalkaranji, towards cost of
tender documents. The Secretary, IPMCL will be the tender issuing authority.
2. Modifications, if any, made in the above documents will be done by addenda/ corrigenda,
copies of which will be sent in duplicate to each bidder before the due date of the tender. One
copy should be signed, sealed and submitted along with the technical bids. Tender to be
submitted, is as detailed hereafter. The bidder shall not make any additions/ deletions to or
amend the text of the documents except in so far as may be necessary to comply with the
addenda/ corrigenda issued. The bidders shall use only tender documents as issued for
submitting the bid and shall comply with various terms and conditions.
3. All pages of tender documents shall be signed by the person authorized to file the tender and
submitted with technical bid.
4. The full name of the person authorized to file the tender, designation, current and main office
address, Phone No., Fax No. & e-mail address shall be indicated in the tender.
5. Tenders sent through e-mail, Fax and Telex will not be entertained.
6. The tenders should be filled in and submitted in English. All accompanying literature and
correspondence shall also be in English.
7. No claim for costs, charges, expenses incurred by the bidder in connection with preparation
of tender submission and for subsequent clarifications of their tender shall be accepted.
8. IPCMLwill not be responsible for any typographical errors/ ambiguity/ additions/ omissions
committed by the bidder while filling up of the tender.
9. Submission of a bid by a tenderer implies that he has read all the terms & conditions and has
made himself aware of the scope and specifications of the items to be supplied, availability of
the materials, local conditions and other factors bearing on the execution of the supply.
10. The bidder shall be deemed to have full knowledge of documents and no extra charges
consequent on any misunderstanding or otherwise shall be allowed.
11. Any question regarding the Tender document and discrepancies shall be directed to the
Tender Issuing Authority in written minimum 10 days prior to the due date of submission of
tender. The Tender Issuing Authority will issue all clarifications, interpretations, meanings
and specific directions, if any, in duplicate in writing to all the bidders. One copy of these
shall be duly signed and seal affixed along with the technical bids.
12. The bidder shall be deemed to have satisfied himself before re-tendering as to the correctness
and sufficiency of his tender and about the rates quoted by him and cover all his obligations
under the tender.
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
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13. Bids submitted by the manufacturers and authorized agents only shall be considered.
14. EARNEST MONEY DEPOSIT (EMD)
14.1 Tender must be accompanied by Earnest Money Deposit (EMD) either in the form of
D.D or pay order in favor of IchalkarnjiPowerloomMegaclusterLimited and shall be
interest free. The amount of EMD will be 1% of the value of your quoted price.
14.2 EMD shall be paid in Indian currency only. In case of receipt of EMD in Indian currency
from abroad, same shall be refunded in Indian currency only. IPMCLwill not be
responsible for refunding the EMD in foreign currency.
14.3 Tenders not accompanied by Earnest Money Deposit (EMD) shall be rejected.
14.4 The EMD of the unsuccessful bidder will be returned within 1 month from the date of
opening the technical bids.
14.5 The EMD of successful bidder will be released on submission of Performance Bank
Guarantee (PBG).
15. BANK GUARANTEE
The successful bidder will submit a PBG for 10% of the order value valid for ONE year from
the date of commissioning or 18 months from the date of Supply whichever is earlier. This
BG or DD should be submitted along with the Dispatch Documents. The security deposit
(DD or BG) should cover the entire warranty period of the items to be supplied.
16. AUTHORITY OF SIGNING
16.1 If the tender is submitted by an individual, it shall be signed by him.
16.2 If the tender is submitted by a proprietary firm, it shall be signed by the proprietor.
16.3 If the tender is signed by the partnership firm, it shall be signed by all the partners of the
firm or by the partner holding the power of attorney for the firm for signing the tender,
in which case, a certified copy of the power of attorney shall accompany the technical
bid.
16.4 If the tender is submitted by a limited company or a corporation, it shall be signed by a
duly authorized person or the person holding the power of attorney for signing the
tender, in which case a certified copy of the power of attorney shall accompany the
technical bid.
17. PRICE & CURRENCY BID
17.1 The tender shall be filled in English with a neat hand/type and all the figures and words
shall be legible.
17.2 The rates shall be written both in words and figures. The bidder shall also show the
amount of each item, the total of each section and the grand total of the whole tender.
17.3 Correction, if any, shall be made by crossing out, initialing with date and rewriting.
17.4 In case of conflict between the figurers and words in the rates, the latter shall prevail.
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
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17.5 The tenders shall be verified by the bidder for accuracy in the arithmetical calculations,
prior to submission.
18. The price may be offered in Indian Rupee.
19. PACKING AND SUBMISSION
19.1 The tender shall be submitted on or before the scheduled date & time and at the address
mentioned in the Tender Notice. While (i) technical bids (Cover- A) of more than one
item can be combined and kept in one cover, (ii) commercial bids (Cover- B) shall be
submitted for each machine separately in sealed covers. Both the sealed envelopes
(Technical & Commercial bids) should further be enclosed in another envelope and
addressed toThe Chairman, IchalkarnjiPower loomMegacluster
Limited,Ichalkarnji. The bidder should ensure that the cover super scribe clearly on the
top of each packet as technical bid, commercial bid and on the main envelope the
identity of the company/ firm and the tender reference number.
19.2 The sealed covers should be super scribed (i) cover- ―A‖ as ―Technical Bids‖ and (ii)
cover- ―B‖ as ―Commercial Bids‖- along with other relevant details such as name of
machine and the bidder.
19.3 Cover- A (Technical Bids) shall contain
a) Earnest Money Deposit (EMD) in the form of DD for an amount as mentioned in the
document.
b) D.D of Rs.500/- as document feesin case the document has been downloaded from the
website.
c) Original Tender document duly signed by the authorized person on all pages with seal.
d) Compliance to technical specifications of the equipment/ item for which bids are
submitted – Authorized person to indicate the compliance of technical specifications in
the respective pages of the tender document and sign the same.
e) Compliance to the terms and conditions of the tender document – Authorized person to
specify, ―All the above terms and conditions will be complied with‖ and sign in
respective pages of the tender documents, where ―terms and conditions‖ are given.
f) Adherence to the stipulated delivery schedule of the equipment/ item – Authorized person
to specify ―delivery schedule given above will be complied with and sign in respective
pages of the tender documents, where ―delivery schedule of each of the items‖ is given.
g) Proof that the bidder is (i) either manufacturer or (ii) an authorized agent for the
equipment/ item for which the bid is submitted.
h) List of organizations in India and abroad, along with Contact Person, address, Tel. No.,
Fax No. etc., to which similar make/model of the equipment were supplied.
i) Compliance that the bidder has manufactured or supplied the Machine during the past 2
years and performance report from at least 2 such users for the past 2 years.
j) Covering letter, on the letter head of the bidder stating:
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
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a. That the minimum warranty period of one year.
b. That the bid conforms to the terms and conditions of the tender.
c. Confirmation that the quoted rates are valid for ONE year from the date of order
confirmation.
d. The details regarding the service centers, stocking of spares, etc.
k) Addenda/ corrigenda/ clarification issued by IPMCLbefore due date of tender, duly
signed by authorized person.
l) Descriptive leaflet/ brochure giving the technical details of the equipment/ instruments.
m) A letter indicating assumptions, criterion, technical alternative, etc., if any. However,
the alternatives suggested by the bidder would not be taken as the basis for technical/
commercial evaluation of the bids.
n) Details of pre-installation requirements should be given.
o) Power of Attorney authorizing the person who has filed the tender, if applicable.
19.4 Cover-B ( Commercial Bids) shall contain-
a) Total cost of the main machine (imported/ indigenous), required for the functioning of
the equipment, including the test control system, utility, packing & forwarding etc.,
duly filled and signed in the format prescribed in the tender document at
Annexure- lll. No money other than the total indicated above will be payable on any
account.
b) Minimum required essential spare parts for next 2 years after warranty period are to be
specified. The cost of the spares is to be quoted separately along with the commercial
bids, as optional as per the details given in Annexure- lll.
c) Annual Preventive Maintenance charges for the next 3 years, after the expiry of the
warranty period, in the format prescribed in the tender document at Annexure- lll.
d) All the pre-installation requirements such as necessary length of cables, plugs, basic
tools etc. should be provided by the bidder along with the machine.. The Management
of IPMCL will provide adequate space, furniture and electricity (up to the main
electrical panel only) for the installation and commissioning of the machine.
20. VALIDITY OF THE TENDER
Rates quoted by the bidder and the Earnest Money Deposit submitted shall be valid for ONE
year from the date of Confirmation of the order.
The Bidder shall not withdraw or revise or alter any conditions, rate(s) quoted within this
stated period, unless he is called upon to do so on mutual agreement/ negotiations. The
Chairman, IPMCL reserves the right to forfeit the Earnest Money Deposit if the bidder
revokes or withdraws the tender within this stated period.
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
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21. OPENING THE TENDER
The Technical tender shall be opened by a Purchase Committee constituted by the competent
authority, IPMCL,Ichalkaranji, at the time, date and venue as given in the ―Tender Notice‖.
22. AGREEMENT
The successful bidder shall sign and return copy of Purchase Order placed with him, as a
token of acceptance of the terms and conditions of the Purchase Order.
23. CRITERION FOR REJECTION
23.1 The IPMCLreserves the right to accept or reject any tender or reject all tenders without
giving any reasons whatsoever for their decision.
23.2 Tenders are liable to be rejected in which any of the prescribed particulars/ information is
either missing or incomplete in any respect and/or if the prescribed conditions are not
fulfilled.
23.3 Tenders which are found to be technically non-responsive shall be rejected and their
commercial bids shall not be opened.
23.4 Canvassing in connection with tender is strictly prohibited and tender submitted by
bidder who resorts to canvassing will be liable to rejection.
23.5 Tenders containing specific conditions of the bidder other than the terms and conditions
given in the tender document and not acceptable to the IPMCL are liable to be rejected.
23.6 If the validity of the offer is not for one year, the tender will be rejected.
23.7 If the tender document duly signed by the authorized person on all pages is not
submitted, the tender will be rejected.
24. The IPMCLcaters mainly to the manufacturers/ exporters. Hence, Purchase Committee may
at its discretion give preferences to more popular brands of machines, which give results that
are widely accepted internationally by buyers abroad and the decision of the Committee will
be final.
25. Before submission of the tender, the prospective bidders are expected to examine technical
specifications of the machine required, terms and conditions, etc., given in this tender
document. Failure to furnish all information required in the tender document may result in
the rejection of the bid.
26. The IPMCLreserves all the right to cancel items, from the list of requirement of machine
without assigning any reason thereof.
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
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3 (B) TERMS AND CONDITIONS – SPECIAL
1. Cost details are to be filled up in the prescribed format as given at Annexure –III for the
Equipments.
2. All accessories startup kit required for installation and commissioning the main equipmentsis
to be specified and quoted.
3. The terms of payment
A) CIVIL WORKS
No advance will be paid with the work order. 75% of RA Bills shall be paid within 7 days of submission of bill. Balance 22% will be paid
after certified by Engineer-in-charge. Detailed measurements to be recorded & bill to be
prepared. Minimum amount of R.A. Bill shall be min.15 % of Contract value.
For purchase of Steel and Cement, 90% secured advance will be paid on receipt of material
at site. Balance 10% will be paid the completion of Hydraulic Testing. The amount paid for
purchase of steel and cement will be deducted from the RA Bills.
3% will be retained as Security Deposit. For hydraulic testing 10% of the value of the water
retaining unit will be retained & released after successful testing.
After commissioning and completion of satisfactory performance guarantee runs and final
acceptance as certified by Engineer-in-charge against a performance bank guarantee of
equivalent amount valid for a period of 12 months from the date of such commissioning of
the Plant the security deposit will be released after 12 months or against submission of
Performance Bank Guarantee of equivalent amount.
B)SUPPLY OF MECHANICAL EQUIPMENTS / PIPING / ELECTRICAL /
INSTRUMENTATION.
80% of supply value shall be paid within 7 days on receipt of material at site.
10% after erection.
10% after commissioning and completion of satisfactory performance guarantee runs and
final acceptance as certified by Engineer-in-charge against a performance bank guarantee of
equivalent amount valid for a period of 12 months from the date of such commissioning of
the Plant.
4. The local supplier shall be entirely responsible for all taxes duties, license fees, etc., incurred
until delivery of the contracted goods to the purchaser. Viz. IPMCL.
8. The bidder shall adhere to the complete ZLD project within 6 months from the date of issue
of work order. Penalty for non-execution of the order within the stipulated time period
penalty shall be 0.5% of the cost of the equipments for every month of delay maximum upto
10%.
9. The bidder shall give warranty for atleast one year in respect of items quoted.
10. During the warranty period, regular servicing/ maintenance should be undertaken free of
charge, including replacement of defective parts/travel cost, etc. subsequently, servicing or
maintenance should be undertaken by the authorized agency of the manufacturer/ supplier as
per the annual maintenance contract conditions.
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
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11. Operation/ maintenance manuals, calibration procedures and other instructions manuals
should be provided along with each of the equipment.
23 The bids shall first be evaluated for their ―technical responsiveness‖ which shall inter-alia
include,
i. Compliance to EMD requirement.
ii. Proof that the bidder is (i) either manufacturer or (ii) an authorized agent for the machine
for which the bid is submitted.
iii. Compliance to technical specifications of the equipments for which the bid is submitted.
iv. Adherence to the warranty period.
v. Necessary document proof that the bidder has manufactured or supplied the equipment
during the past two years along with the list of such customers and performancereport of
the equipment from atleast 2 such customers/users for the past 2 years.
vi. Details regarding the service centers, stocking of spares etc.
vii. Compliance to all other relevant and critical terms and conditions of the tender.
viii. DD for Rs.500/- if the document is downloaded from website.
ix. Validity of the tender for a period of ONE year from Order confirmation.
x. If any of the above mentioned parameters are not fulfilled, the bid will be
considered as technically non-responsive.
1.Essential Qualifying criteria: -
Bidder should have executed at least two ZLD of minimum 2 MLD Capacity on
turnkey basis in last 5 years with satisfactory performance. Experience in treating &
handling textile effluent will be weighted. Bidders’ average annual turnover in last
three years should not be less than 10 Crores. Bidder must produce Credentials &
experience with details. Experience with renowned public/ private sector is a must.
2.Trial Run of the Treatment Plant:
After completion of construction, contractor has to commission the plant and take a trial run
for a period of 30 days. During this period of trial run contractor has to run the plant
continuously. After the successful completion of trial run, operation & maintenance period
will start for a period of 12 (Twelve) months.
Also the cost towards the Contractor‘s Engineer and other operating personnel during the
said period of trial run, along with cost of tools and spares parts, which are required for
operation and maintenance of the plant and equipment during the trial run period shall be
borne by the contractor and shall be included in contract price. In the event that the plant or
any of the facilities do not satisfactorily achieve the required performance standards during
this period, the trial run period shall be extended until such time as the contractor has
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satisfactorily rectified any deficiencies as may be necessary to satisfy the performance
requirements, at the risk and cost of the contractor.
3. Commissioning of the Plant:
On completion of the trial run, commissioning of the treatment plant shall be done
by the contractor by operating the plant continuously (24 hours/day) for operating period.
Water shall be provided by IPMCL free to the bidder. Chemicals, unskilled labour and
power to operate the plant will be supplied by IPMCL. All the other costs such as staff,
maintenance technicians and any other consumables for operation and maintenance of the
plant shall be borne by the Contractor.
Notwithstanding the above, the contractor will be required to rectify any deficiencies
which are attributable to defects in the workmanship or quality of materials, plant or
equipment during the contract defect liability period.
4.Supplementary Requirements:
The Contractor shall be fully responsible to ensure that the whole of the Works, including
each individual component, is designed and constructed in a manner so that the plant as a
whole operates as a fully integrated system which is capable of achieving the required output
in an efficient and economical manner, and to include all plant, equipment and accessories
required for the safe and satisfactory Operation of the facilities. To achieve this, the
Contractor shall ensure that each individual component performs in a manner, which is
complimentary to that of all other components. Any accessories which are not specifically
mentioned in the specifications, but which are usual or necessary for completion of the
Works and successful performance of the plant and facilities, shall be provided by the
successful Bidder within the tendered cost. The Contractor shall, to the maximum extent
practical and feasible, endeavor to standardize on the manufacture and supply of Plant and
equipment so as to minimize the operation and maintenance requirements. The Contractor
shall ensure that all items of Plant and equipment are installed in a manner, which will
facilitate routine and periodic maintenance operations.
Note: It is advisable for the Bidders to visit the site before submission of tender and to
note the site conditions and to check and review and collect the necessary data/
information, including evaluation of quality and characteristics of raw effluent to be
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
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let out by existing and prospective textile industries and based on this data, inlet
parameters of ZLD shall be decided finalized.
5. Battery Limits / Services to be provided by owner :
The battery limit for this ZLD work shall be as mentioned in scope of work within plot
boundaries of ZLD.
Power will be supplied at the incoming of the Panel and further laying of cables and connections
to be done by the contractor with his materials.
Compressed Air and Water supply will be provided by IPMCL at suitable location
During the period of construction, trial run and operation and maintenance the contractor
shall construct temporary roads for easy access to vehicular movements‘ upto and within the
ZLD premises. For this no extra payment will be made.
No other services / materials shall be provided by IPMCL and all are deemed to have
been included in the scope of work of the bidder. No extra payment on any account of extra
claim, other than works covered under scope of work shall be entertained.
6. Performance Guarantee :
The agency shall give performance guarantee of ZLD as per the norms prescribed by
IPMCL. The testing shall be done in approved Lab by NABL. In case the plant performance
is not satisfactory, the agency shall carryout corrective measures at his cost and risk. The
performance guarantee shall be given by agency on stamp paper of Rs.100/- before start of
work and registered at Sub- Registrar Office, Ichalkaranji at the cost of the contractor.
7. Issue of Work Order:
Initially work order will be issued for designing as per mentioned in the tender. Total
time period of contract is 6 Months. Time allotted for designing & approval work will
be one month & for Construction it will be 05 months.
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
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ADDITIONAL CONTRACT CONDITIONS
1) The contractor shall engage full time Project Manager capable of engaging labours and guiding the
work and understanding the specification. He shall take order as given by the Executive Director or
his representative and shall be responsible for carrying out the work. The agent shall not be
changed without prior intimation to the Executive Director and his representative at the work site.
2) The contractor shall take all the precautions during the execution of work so as not to cause any
damage to any property and shall be responsible to make it good as directed by the Executive
Director without any extra cost.
3) The successful tenderer shall produce the certification of the specified concerned authority as valid
and concerned license issued in this favor under the provisions of the contract labour (Regulation
and Abolition Act. 1970) before starting the work . Failure to do so acceptance of the tender shall
be liable to the withdrawn and security deposit shall be forfeited.
(46)The contractor shall pay not less than the fair wage to the work men on the ground that the
wages paid are not fair or are less than the Minimum Rates of Wages as prescribed by the
Government of Maharashtra under the Minimum Wages Act. 1948 . The dispute shall be referred
to the Executive Director, shall be conclusive and bidding on the contractor, but the said decision
shall not any way affect the conditions in the contract regarding payment to be made by IPMCL at
the sanctioned tender rates.
Revised clause 52 and 53 the contractor shall duly comply with all the provision of the Contract
Labour (Regulation and Abolition) Act. 1970 (30 of 1970) and the Maharashtra Contract Labour
(Regulation and Abolition) Rules, 1971, as amended from time to time all other relevant statutes and
statutory provisions concerning payment of wages particularly to workmen employed by the contractor and
working on the site of work .
In particular the contractor shall pay wages to each worker employed by him on the site of work at
the rates prescribed under the Maharashtra Contract Labour (Regulation and Abolition) Act. 1970 . If the
contractor fails or neglects to pay any wages at the said rates or makes less payment and the IPMCL makes
such payment of wages in full or part there of less paid by the contractor as the case may be, the IPMCL
shall be deemed to be entitled to recover the same as such from the contractor or deduct the same from the
amount payable by the IPMCL to the contractor here under or from any other amounts payable to him by
the IPMCL.
―46(V) (b) the contractor shall also maintain all records required to be maintained under
the Payment of Wages Act.1986 . The Minimum Wages Act. 1948 and the Contract Labour (Regulation and
Abolition) Act. 1970 and rules framed under these enactments ‖ .
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4. The contractor shall, at all times, observe the provision of Employment of Children Act, 1938 and re-
enactments or modifications of these and shall not employ or permit any person to do any work for the
purpose or under the provision of this contract in contravention of the provision of the said Act. The
contractor hereby agrees to indemnify IPMCL from and against all claims and penalties which may be
suffered by IPMCL or any person employed by them by reason of any default on the part of the contractor
in due observation and performance of provision of the Employment of Children Act. 1938 or any re-
enactment or modifications of the same.
SECURITY DEPOSIT AND DEFECT LIABILITY PERIOD
The security deposit of 5% (OR Bank Guarantee) shall be released after satisfactory completion of
operation and maintenance period of ZLD. If contractor fails to attend the O & M of ZLD for prescribed
time limit, the 5% Security Deposit shall be forfeited.
a) During the defect liability period the joint inspection shall be carried out by the Executive Director &
the contractor. The date of joint inspection to be conducted during the guarantee period, shall be decided
and communicated to the contractor at the time of finalization of the bill.
The inspection should be at least once in a month. The defects observed during the inspection shall be
communicated to the contractor and the contractor should rectify the defects without waiting for the
instruction of the Executive Director.
If the contractor fails to attend the joint inspection on the date communicated by the Executive Director the
amount of 25% of the defect liability deposit shall be forfeited if rectification are not attended by the
contractors after due information.
b) Before releasing such security deposit, after completion of defect liability period for respective works,
the Executive Director along with the representative of contracting agency, shall jointly inspect the work
and if the work is found to be satisfactory, then & then only, security deposit shall be released.
c) If the defects are observed during defect liability period then the 2 % security deposit shall be withheld
towards its rectification / repairs.
d) If during the defect liability period, the company / contractor‘s firm gets dissolved or some new partners
are introduced, then the responsibility to maintain the work done under this agreement during the defect
liability period, shall be borne by the new company / contractor‘s firm.
e) If certain works are neglected by the contractor, the same shall be carried out by the IPMCL at the risk
and cost of the contractor. The cost of the same shall be recovered from the amount balance with IPMCL.
f) The contractor shall maintain the work done by him under this agreement in good condition during the
defect liability period.
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
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g) The contractor shall carry out the rectification / repairs work immediately after the intimation by IPMCL
about the damages/ defects..
h) The contractor shall carry out operation and maintenance the ZLD for a period of 1 year at his own cost
including the cost of necessary staff required for laboratory, operation and maintenance, testing of inlet,
outlet effluent samples of ZLD, collection and analysis of effluent samples.
i) The ZLD shall be handed over after 1 year period to IPMCL in good working condition.
j) The maintenance of 1 year of ZLD shall be as per the tender conditions above.
k) The successful bidder shall engage required technically competent staff for day to day monitoring /
testing @ site. The expenditure on this account shall be borne by the contractor during the defect
liability period.
DEFECT LIABILITY CLAUSE :
IPMCL along with the representative of the contracting agency shall visit the site of ETP
work, at the end of defect liability period of 12 months in inspect the work as per following list given
below. If any defects whether covered under this list or otherwise are observed, then the security
deposit held shall not be released until all such defects are repaired by the contractor at his own risk
and cost to the entire satisfaction of Engineer-in-charge.
1. Civil works of all ETP units.
2. Pump House
3. Pumping Machinery with all Accessories
4. Electrical and Electronics systems
CLAUSE OF INSURANCE POLICY OF CONTRACT WORKS
Contractor shall take out necessary Insurance Policy/Policies so as to provide adequate
insurance cover for execution of the awarded contract work for total contract value and complete contract
period. Similarly, all workmen appointed to complete the contract work are required to be insured under
workmen‘s compensation Insurance Policy
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
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Conditions of contract
Clause-1 : The person/persons whose tender may be accepted Security Deposit. Security Deposit
(hereinafter called the contractor, which expression shall unless excluded by or
repugnant to the context increase his heirs, executors, administrators & assigns)
shall (A) within 10 days(which may extended by the Executive Director
concerned upto 15 days if the Executive Director thinks fit to so)if the receipt by
him of the notifications of the acceptance of his tender ) deposit with Managing
Director in cash or Govt. securities endorsed to the Executive Director. (if
deposited for more than 12 months) of sum sufficient which will made up the full
security deposit specified in the tender ) or (B) (Permit IPMCL at the time of
making any payment to him for work done under the contact to deduct such well
amount Percent of all money so payable) such deductions to be held by IPMCL by
way of Security deposit) Provided always that in the event of the contactor deposit
in a lump sum by way of security deposit as contemplated at (A) above, then & in
such case, if the sum so deposited shall not amount to 5% of the
total estimated cost of the work, if shall be lawful for IPMCL at the time of making
any payment to the contractor for work done under the contract to make up the full
amount of percent by deducting a sufficient sum from every such payment at last
aforesaid until the full amount of the security deposit is made up. All compensation or
other sums of money payable by the contactor to IPMCL under the terms of his
contract may be deducted from or paid by this sale of sufficient part of his security
deposit or from the interest become due by IPMCL to the contractor under any other
contract or transaction of any nature, on any account what so ever
& in the event of his Security deposit being reduced by reason of any such deduction
or sale as aforesaid, the contractor shall, within 10 days there after, make good in cash
or Govt. Securities endorsed as aforesaid any sum/sums which may have been
deducted from or raised by sale of his security deposit or any part thereof. The
security deposit referred to, when paid in cash, may at the cost of depositor, be
converted into interest bearing securities provided that the depositor has expressly
desired this in writing.
If the amount of the security deposit to be paid in the lump sum within the
period specified at (A) above is not paid the tender /contract ready accepted
shall be considered as canceled and legal step taken against the contractor for
recovery of the amounts. The amount of the
Contractor Executive Director
(Signature & Seal) IPMCL
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
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security deposit lodged by contractor shall be refunded along with the payment of the
final bill if the date upto which the contractor has agreed to maintain the work in good
order is over. If such date is not over, only 90% amount of Security deposit shall be
refunded along with payment of the final bill. The amount of security deposit retained
by the IPMCL shall be released after expiry of period upto which the contractor
failing or neglecting to complete rectification work within the period upto which the
contractor has agreed to maintain the work in good order, the subjects to provision of
clauses 16 to 19 here of the amount of security deposit retained by IPMCL shall be
adjusted toward the excess cost incurred by the department on rectification wok.
Clause-2 : The time allowed for carrying out the work as entered in the Compensation
Compensation for tender shall be strictly observed by the contractor & shall be for Delay
reckoned from
delay. the date on which the order to commence work is given to the
contractor. The work shall throughout the stipulated period of the contract be
proceeded with, with all due diligence (time being deemed to be of the essence of the
contract on the part of the contractor), and the contractor shall pay as compensation
an amount equal to one percent or such smaller amount as the S.E. (whose decision in
writing shall be final) may decide of the amount of the estimated cost of the whole
work as shown by the tender for every day that the work remains
uncommented/unfinished, after the proper dates. And further to ensure good progress
during the execution of the work, the contractor shall be bound, in all the cases in
which the time allowed for any work exceeds 1 month to complete.
¼ of the work in of the time ½ of the work in of the time ¾ of the work in of the
time Note : The quantity of work to be done within a particular time to be
specified above shall be fixed by the Officer competent to accept the contracts
after taking into consideration the circumstances of each case and inserted in the
blank space kept for the purpose. And abide by the programme of detailed
progress laid down by the Executive Director. The following properties will
usually be found suitable:-
In ¼ ½ ¾ of the time.
Reasonable progress of earth work … 1/6 ½ ¾ of the total value of the work to be
done.
Contractor Executive Director
(Signature & Seal) IPMCL
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
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Reasonable progress of masonry work 1/10 4/10 8/10 –do—
In the event of the contractor failing to comply with these
conditions he shall be liable to pay as compensation as amount equal to 1%
or such smaller amounts as the S.E. (whose decision in writing shall be
final) may decide of the said estimated cost of the whole work for every
day that the due quantity of work remains incomplete: provided always
that the total amount of compensation to be paid under the provisions of
this clause shall not exceed 10% of the estimated cost of the work as shown
in the tender.
Clause-3 : In any case in which under any clause or clauses of this contract,
the contactor shall have rendered himself liable to pay compensation
amounting to the whole of his security deposit (Whether paid in one sum or
deducted by installments) or in case of the abandonment of wok owing to
serious illness or death of the contractor or any other cause the Executive
Director on behalf of IPMCL shall have power to adopt any of the following
courses, as he may think suited to the interest of IPMCL
a) To rescind the contract (of which rescission notice in writing to the
contractor under the hand of the Engineer in Charge shall be conclusive
evidence) and in that case of the security deposit of the contractor shall
stand forfeited and be absolutely at the disposal of IPMCL.
b) To employ labour paid by the IPMCL and to supply materials to carry out the
work or any part of the work, debiting the contractor with the cost of the labour and
the price of the materials (as to the correctness of which cost and price the certificate
of the Ex. Engineer shall be final and conclusive against the contractor) and
crediting him with value of the work done, in all respect in the same manner and at
the same rate, as if it had been carried out carried out by the contractor
Action when
whole of security
deposit is
forfeited.
Contractor Executive Director
(Signature & Seal) IPMCL
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
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under the terms of his contract. And in that case the certificate of Executive
Engineer, as to the value of work done shall be final conclusive against the
contractor.
c) To order that the work of the contractor be measured up and to take such part
thereof as shall be unexecuted out of his hands and to give it to another contractor to
complete in which case any expenses which may be incurred in excess of the sum
which would have been paid to the original contractor, if the whole work had been
executed by him (as to the amount of which excess expenses the certificate in writing
of the Ex. Engineer shall be final and conclusive) shall be born and paid by the
original contractor or otherwise or and shall be deducted from any money due to him
by Govt. under the contract from his security deposits or the proceeds of sale thereof,
or a sufficient part thereof.
In the event of any of all the above courses being adopted by the Executive
Director, the contractor shall have no claim to compensation for any loss sustained by
him by reason of his having purchased, or produced any materials, or entered into any
engagements, or made any advances on account of, or with a view to the execution of
the work or the performance of the contract. And incase the contract shall be
rescinded under the provision aforesaid the contractor shall not be entitled to recover
or be paid any sum for any work thereto for actually performed by him under this
contract unless and until the Executive Director shall have certified any writing the
performance are such work and the amount payable to him in respect thereof, and he
shall only be untitled to be paid the amount so certified.
Clause-4 : If the progress of any particular portion of the work is unsatisfactory Action when the
the Executive Director shall, notwithstanding that the general progress of the progress of any
work is satisfactory in accordance with the clause 2 , be entitle to take action under particular
clause 3(b) after giving the contractor 10 days notice in writing & the Contractor portion of the
will have no claim for compensation, for any loss sustained by him owing to such work is
action. unsatisfactory.
Clause-5 : In any case in which any of the powers conferred upon the Managing Contractor
Director by clauses 3 and 4 hereof shall have become exercisable and the same remain liable to
shall not have been exercised, the non exercise thereof shall not constitute a pay
waiver of any of the conditions hereof and such powers shall not with standing be compensation if
exercisable in any future in case of default by the contractor for which by under action not taken
Contractor Executive Director
(Signature & Seal) IPMCL
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
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any clause or clauses hereof he is declared liable to pay compensation amounting under clauses 3.
to the whole of his security deposit and the liability of the contractor for past and Power to take
future compensation shall remain unaffected. In the event of the Managing possession of or
Director taking action under sub clause a) or c) of clause 3, he may, if he so require removal
desires, taken possession of all or any tools, plant, materials and stores in or upon of, or sell
the works or the site thereof or belonging to the contractor, or procured by him contractor‘s plant
Action when the progress of any particular portion of the work is unsatisfactory
and intended to be used for the execution of the work or any part thereof, paying
or allowing for the same in account at the contract rates, or in the case of contract
rates not being applicable at the current market rates, tobe certified by the
Executive Director whose certificate thereof shall be final;. In the alternative the
Executive Director may, by notice in writing to the contractor or his clerk of the
works, foreman or other authorised agent, required him to remove such tools,
plant, materials or stores from the premises within a time to be specified in such
notice and in the event of the contractor failing to comply with any such
requisition, the Executive Director may remove them at the contractor‘s expenses
or sell them by auction or private sale at the risk a account of the contractor in all
respect and the certificate of the Executive Director as to the expenses of any such
removal, and the amount of the proceeds and expenses of any such sale shall be
final and conclusive against the contractor.
Clause-6 : If the contractor shall desire an extension of the time for completion of Extension of time
the work on the ground of his having been unavoidably hindered in its execution
or on any other ground, shall apply in writing to the Executive Director before the
expiration of the period stipulated in the tender or before the expiration of 30 days
from the date to which he was hindered as aforesaid or on which the cause for
asking for extension occurred, which ever is earlier is and the Executive Director
may, if, in his opinion, there are reasonable grounds for granting an extension,
grant such extension as he thinks necessary or proper. The decision of the
Executive Director in this matter shall be final.
Clause-7 : On completion of the work, the contractor shall be furnished with a Final certificate.
certificate by the Executive Director(hereinafter called the Engineer-in-charge) of
such completion, but no such certificate shall be given nor shall the work be
considered to be complete until the contractor shall have removed from the
premises on which the work shall have been executed all scaffolding, surplus
materials & rubbish, & shall have cleaned off the dirt from all woodwork, doors,
Contractor Executive Director
(Signature & Seal) IPMCL
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
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windows, walls, floor or other parts of any buildings, in or upon which the work has
been executed, or of which he may have possession for the purpose of executing the
work, nor until the works shall have been measured by the Engineer-in-charge or
where the measurements have been taken by his subordinates until they have received
the approval of Engr-in-charge, the said measurements being binding & conclusive
against the contractor. If the contractor shall fail to comply with the requirements of
this clause as to the removal of scaffolding, surplus, materials and rubbish, & cleaning
off dirt on/before the date fixed for the completion of the work, the Engr-in-charge
may, at the expense of the contractor, remove such scaffolding, surplus materials &
rubbish and dispose of the same as he thinks fit and clean off such dirt as aforesaid
and the contractor shall forthwith pay the amount of all expenses so incurred, but shall
have no claim in respect of any such scaffolding or surplus materials as aforesaid
except for any sum actually realized by the sale thereof.
Clause-8 : No payment shall he made for any work, estimated to cost less than Payment on
rupees one thousand till after the whole of the work shall have been completed intermediate
and a certificate of completion given. But in the case of works estimated to cost certificates to be
more than rupees one thousand, the contractor shall, on submitting a monthly bill regarded as
therefore, be entitled to receive payment proportionate to the part of the work then advances.
approved and passed by the Engr-in-charge, whose certificate of such approval and passing of the
sum so payable shall be final & conclusive against the contractor. All such intermediate payments
shall be regarded as payments by way of advance against the final payments only and not as
payments for work actually done and completed, and shall not preclude the Engineer-in-charge from
requiring bad, unsound, imperfect for unskillful work to be removed or taken away and reconstructed
or re-erected, nor shall any such payment be considered as an admission of the date performance of
the contract or any part thereof in any respect or the accruing of any claim, nor shall it conclude,
determine, or affect in any other way the powers of the Engr-in-charge as to the final settlement and
adjustment of accounts or otherwise, or in any other way vary or affect the contract. The final bill
shall be submitted by the contractor within on month of the due fixed for the completion of the work,
otherwise, the Engineer-in-charge‘s certificate of the measurements and of the total amount payable
for the work shall be final and binding on all parties.
Clause-9 : The rates for several items of works estimated to cost more than Rs. Payment at
Contractor Executive Director
(Signature & Seal) IPMCL
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
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1000/- agreed to within, shall be valid only when the item concerned is accepted reduced rates on
as having been completed fully in accordance with the sanctioned specifications. account of items
In cases where the items of work are not accepted as so completed the Engineer- of work not
in-charge may make payment or Payments on intermediate certificates to be accepted as
regarded as advances. account of such items at such reduced rates as he may completed to be
consider reasonable in the preparation of final or on account bills at the discretion
of Engineer In
Charge
Clause-10: A bill of minimum 15% value of contract value shall be submitted by Bills to be
the contractor on or before the date fixed by the Engineer-in-charge for all work submitted.
executed in the previous month, & the Engineer-in-charge shall take or cause to be
taken the requisite measurement for the purpose of having the same verified & the
claim, so far as it is admissible, shall be adjusted, if possible within ten days from
the presentation of the bill. If the contractor does not submit the bill within the
time fixed as aforesaid, the Engineerr-in-charge may depute a subordinate to
measure up the said work in the presence of the contractor or his duly authorized
agent whose countersignature to the measurement list shall be sufficient warrant,
and the Engineer-in-charge may prepare a bill from such list which shall be
binding on the contractor in all respects.
Clause-11: The contractor shall submit all bills on the printed forms to be had on Bills to be on
application at the Office of the Engineer-in-charge. The charges to be made in the submitted forms
bills shall always be entered at the rates specified in the tender or in the case of
any extra work ordered in pursuance of these conditions, and not mentioned or
provided for in the tender, at the rate herein after provided for such work.
Clause-12: The contractor shall execute the whole and every part of the work in Works tobe
most substantial and workmanlike manner & both as regards material and in executed in
every other respect in strict accordance with specifications. accordance with
The contractor shall also conform exactly, fully and faithfully to the designs,
specification,
drawing, orders
drawing and instructions in writing relating to the work signed by the Managing
etc
Director in charge and lodged in the office to which the contractor shall be entitled
to have access for the purpose of inspection at such office of on the site of work
during the office hours & the contractor shall, if he so require, be entitled at his
own expenses to make or cause to be made copies of the specifications and of all
such designs, drawings, as instructions and aforesaid.
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
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Clause-13: The Engineer in charge shall have power to make any alterations in, or
addition to, the original specification, drawings, designs and instructions that may
appear him to be necessary or advisable during the progress of work, and the contract
shall be bound to carry out the work in accordance with any instructions in this
connection which may be given to him in writing signed by the Engineer in charge
and such alteration shall not invalidate the contractor and any additional work which
the contractor may be directed to do in the manner above specified as part of the work
shall be carried out by the contractor on the same conditions in all respects on which
he agreed to do the main work and at the same rates as are specified in the tender for
the main work. And if the additional and altered work includes any class of work for
which no rate is specified in this contract; then such class of work shall be carried out
at the rates entered in the Schedule of Rates of the Division or at the rates mutually
agreed upon between the Engineer in charge and the contractor, whichever are lower.
If the additional or altered work, for which no rate is entered in the schedule of Rates
of the Division, is ordered to be carried out before the rates are agreed upon them, the
contractor shall, within seven days of the date of receipt by him of the order to carry
out the work, inform the Engineer-in-charge of the rate which it is his intention to
charge for such claim of work and if the Engineer-in-charge does not agree to this
rate, he shall By Notice in writing be at liberty to cancel his order to carry out such
class of work, and arrange to carry it out in such manner as he may consider advisable
provided always that if the contractor shall commence work or incur any expenditure
in regard thereto before the rates shall have been determined as lastly hereinbefore
mentioned, then in such case he shall only be entitled to be paid in respect of the work
carried out or expenditure incurred by him prior to the date of the determination of the
rate as aforesaid according to such rate or rates as shall be fixed by the Engr-in-
charge. In the event of the dispute, the decision of the uperintending Engineer of the
circle will be final.
Where, however, the work is to be executed according to
the designs, drawings and specifications recommended by the contractor
and accepted by the competent authority the alterations above referred to
shall be within the scope of such design, drawings and specifications
appended to the tender. The time limit for the completion of the work shall be
extended in the proportions that the increase in its cost occasioned by
alterations/additions bears to the cost of the original contract work & the certificate of
the Engr-in-charge as to such proportions shall be conclusive.
Clause-14 : If at any time after execution of the contract the Engineer shall
for any reason whatsoever, (other than default on the part of the contract or
for which the Government is entitled to rescind the contract) desire that the
whole or any part of the work specified in the tender to be suspended for any
period or that the whole or part of the work should be
Alternations in
specifications
and designs not
to indicate
contracts.
Rates for works
not entered in
estimate or
schedule of rates
of the district.
Extensions of
time in
consequence of
additions or
alterations:
Contractor Executive Director
(Signature & Seal) IPMCL
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
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carried out at all or to be carried out by the contractor he shall give a notice in
writing of the facts to the contractor who shall thereupon suspend or stop The
work totally or part as required after having due regard of the appropriate stage
at which the work should stopped or suspended so as not no cause any damage
or injury to the work already done or endanger the safely there of provided that
the decision of the engineer as to the stage at which the work or any part of it
could be or could have been safely stopped or suspended shall be final and
conclusive against the contractor. The contractor shall have no claim to any
payment of compensation whatsoever by reason of or in pursuance any notice
aforesaid on account
of any suspension stoppage or curtailment except to the extent specified herein after.
2. where the total suspension of work ordered as aforesaid continued for a continuous
period exceeding 90 days the contractor shall be at liberty to withdrew from the
contractual obligations under he contract so far as it pertains to the unexecuted part of
the work by giving a 10 days prior notice in writing to the Engineer within 30 days of
the expiry of the said period of 90days of such intention and required the Engineer to
record the final such notice the contractor shall be deemed to pay he final bill. Upon
giving such notice the contractor shall be deemed to have been discharged from his
obligation to complete the remaining unexecuted work under this contract. On receipt
of such notice, the Engineer shall proceed to complete the measurement and make
such payment as may be finally due to the contractor within a period of 90 days from
the receipt of such notice in respect of the work already done by the contractor. Such
payment shall not in any manner prejudice the right of the contractor to any further
compensation under the remaining provisions of this clause.
3. Where the Engineer required the contractor to suspend the work for a period in
excess of 30 days at any time of 60(sixty) days in the aggregate, the contractor shall
be entitled to apply to the Engineer within 30 days of the resumption of the work after
such suspension for payment of the compensation the extent of loss suffered by him in
respect of working machinery rendered idle on the site or on account of this having
had to pay the salary or wages for the first 30 day whether consecutive or in aggregate
of such suspension or in unsatisfactory work or any other default on his part the
conclusive against the contractor.
4. In the event of .....
i) Any total stoppage of work on notice from the Engineer under
sub-clause the behalf:
ii) Withdrawal by the contractor from the contractual obligations to
complete the remaining unexecuted work under sub clause(2) on
Contractor Executive Director
(Signature & Seal) IPMCL
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
26
account of continued suspension of work for a period exceeding
90 days.
iii) Curtailment in the quantity of items originally tendered pm account of any
alteration commission or substitutions in the specifications, drawings designs as or
instruction under clause 14
5. Where such curtailment exceeds 25% in quantity and the value of the quantity
curtailed beyond 25% at the rates for the item specified in the tender is more than Rs.
5,00.00 . It shall be open to the contractor, within 90 days from the service of (i) the
notice of stopped of work or (ii) other notice of withdrawal from the contractor
obligations under the contract on account of the continued suspension of work of (iii)
notice under clause 14(i)resulting in such cultailment to produce to the Engineer
satisfactory evidence of that he had purchased or agreed to purchase materials for use
in the contracted work before receipt by him of the notice or stoppage suspension or
curtailment and required the Government to take over on payment such materials at
the rates determined by the Engineer. The Government shall therefore take over the
excess of the requirements of the unexecuted approved by the Engineer. That any
work this will be the same percentage as that in the tender at (e).
Clause-15: Under no circumstances whatever shall the contractor be Time limit for
unforeseen
entitled to any compensation from IPMCL on any account unless the contractor
shall have submitted a claim in writing to the Engineer-in-charge within one claims
month of the cause of such claim occurring
Clause-16: If at any time before the security deposit or any part therefore is Action &
refunded to the contractor it shall appear to the Engineer-in-charge or his compensation
subordinate in charge of the work, executed with unsound, imperfect or unskillful payable in case
workmanship or with materials of inferior quality or that materials or articles of bad work.
provided by him for the execution of the work are unsound, or of a quality
inferior to that contracted for, or are otherwise not in accordance with the contract,
it shall be lawful for the Engineer in Action and compensation payable in case of
bad work charge to intimate this fact in writing to the contractor and then not
withstanding the fact that the work, materials or articles complained of may have
been inadvertently passed, certified and paid for contractor shall bound forthwith
to rectify or remove and reconstruct the works so specified in whole or in part, as
the case may required or if so required shall remove the materials or articles so
specified and provide other proper and suitable material on article at his own
charge and cost and in the event of his failing to do so within a period to be
specified by the engineer in charge. In the written intimation aforesaid the
Contractor Executive Director
(Signature & Seal) IPMCL
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
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contractor shall be liable to pay compensation at the rate of 1% . on the amount of
estimate for every day not exceeding 10 days during which the failure so continuous
and in the event of any such failures as aforesaid the engineer in charge may rectify or
remove and re-execute the work or remove and the replace the materials for articles
complained of as the case may be the risk and expense in all respects of the contractor.
Should the Engineer in charge consider that any such interior work or materials as
described above may be accepted or made use of it shall be within his discretion to
accept the same at such reduced rates as he may fix therefore.
Clause 16 A : The contractor shall maintain and keep in proper condition and repair at
his cost the surface of the road for ___ years from the date from which the final
finishing coat is laid to the satisfaction of the Executive Director. The decision of the
Executive Director as to the necessity of repairs to the surface of the road shall be
final and binding on the contractor. If the contractor fails to maintain and keep in
proper conditions and repair the surface of the road during the stipulated period of
_____years, the Executive Director shall be entitled to carry out the necessary repairs
departmentally at the cost of contractor. The decision of the Executive Director as to
the amount of the security deposit towards the expenses, if any, incurred by him in
repairing the surface.
Clause-17: All works under or in course of execution or executed in pursuance of Work to be open
the contract shall at all times be open to the inspection and supervision of the to inspection.
Engineer in charge and his subordinates, and the contractor shall at all times Contractor or
during the usual working hours, and at all times at which reasonable notice of the responsible agent
intention of the Engineer in charge or his subordinate to visit the work shall have to be present
been given to the contractor, either himself be present to receive orders and
instructions, or have a responsible agent duly accredited in writing present for the
purpose. Orders given to the contractor‘s duly authorized agent shall be
considered to have the same force and effect as if they had been given to the
contractor himself.
Clause-18: The contractor shall give not less than five day‘s notice in writing to the
Engineer in charge or his subordinate in charge of the work before covering up to
otherwise placing beyond the reach of measurement any work in order that the
same may be measured and correct dimensions thereof taken before the same is so
covered up or placed beyond the reach of measurement, and shall not cover up or
Contractor Executive Director
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place beyond the reach of measurement any work without the consent in writing of the
Engineer in charge or his subordinate in-charge of the work and if any work shall be
covered up or placed beyond the reach of measurement without such notice having
been given or consent obtained, the same shall be uncovered at the contractor‘s
expense, and in default thereof no payment or allowance shall be uncovered at the
contractor‘s expense, and in default thereof no payment or allowance shall be made
for such work or for the materials with which the same was executed.
Clause-19: If during the period of 12 months from the date of completion as Contractor liable
certified by the Engineer-in-charge pursuant to clause 7 of the contract of 24 for damage done
months after commissioning the work, whichever is earlier in the opinion of the & for
Executive Director, the said work is defective in receipt of notice in that behalf imperfections for
from the Executive Director, duly commence execution and completely carry out 3 months after
at his cost in every respect all the work that may be necessary for specifying and certificate.
setting right the defect specified there in including dismantling and reconstruction
of unsafe portions strictly in accordance with and in the manner prescribed under
the supervision of the Executive Director. In the event of the contractor failing of
neglecting to commence execution of the said rectification work within the period
prescribed therefore, in the said notice and/or to complete the same as aforesaid
as required by the said notice, the Executive Director get the same executed and
carried out departmentally or by any other agency at this risk on account and at
the cost of the contractor. The contractor shall forthwith on demand pay to the
IPMCL the amount of such costs, charges and expenses sustained or incurred by
IPMCL of which the certificate of the Executive Director shall be final and binding
Notice to be given before work is covered up on the contractor, such costs, charges
expenses shall be deemed to be arrears of land revenue and in the event of the
contractor failing or neglecting to pay the same on demand as aforesaid without
prejudice o any other rights and remedies of the IPMCL the same may be recovered
from the contractor as arrear of land revenue. The IPMCL shall also be entitled to
deduct the same from any amount which may then be payable or which may
thereafter become payable by the IPMCL to the contractor either in respect of the
said work or any other work whatsoever or from the amount of security deposit
retained by IPMCL.
Contractor Executive Director
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Clause-20: The contractor shall supply at his own cost all materials (except such
special materials, if any, as may be supplied from the IPMCL in accordance with the
contract, plant, tools, appliances, implements, ladders, cordage, tackles, scaffolding,
and temporary works which may be required or proper for the proper execution of the
work, in the original altered or substituted form and whether included in the
specifications, or other documents forming part of the contract or referred to in these
conditions or not and which may be necessary for the purpose of satisfying or
complying with the requirements of the Engineer in charge As to any matter as to
which under these conditions he is entitled to be satisfied, or which is entitled to
require together with carriage therefore, to and from the work. The contractor shall
also supply without charge the requisite number of persons with the means and
materials necessary for the purpose of setting out work, and, counting, weighing and
assisting in the measurement or examination at any time and from time to time of the
work or the materials, failing this the same may be provided by the Engineer in
charge at the expense of the contractor and the expenses may be deducted from any
money due to the contractor under the contract or from his security deposit or the
proceeds of sale thereof, or of a sufficient portion thereof. The contractor shall
provide all necessary fencing and lights required to protect the public from accident,
and shall also be bound to bear expenses of defense of every suit, action or other legal
proceedings at law, that may be brought by any persons for injury sustained owing to
neglect of the above precautions, and to pay any damages and costs which may be
awarded in any such suit, action or proceedings to any such person, or which may
with the consent of the contractor be paid for compromising any claim by any such
person
Contractors to
supply plant,
ladders,
scaffolding etc.
And is liable for
damages arising
from non-
provisions of
lights, fencing etc
Clause-20 A : The contractor shall provide suitable scaffolds and working
platforms, gangways and stairways, and shall comply with the following
regulations in connections therewith.
a) Suitable scaffolds shall be provided for workmen for all work that
cannot be safely done from a ladder or by other means.
b) A scaffold shall not be constructed, taken down, or substantially
altered, except:
i. Under the supervision of a competent and responsible person; and
This will apply to a contract
where the works
are to be
executed by the
specifications
recommended by
him.
Contractor Executive Director
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ii. As far as possible by competent workers possessing adequate
experience in this kind of work.
c) All scaffolds and appliances connected herewith and all ladders shall :-i.
Be of sound materials.
ii. Be of adequate strength having regard to the loads and stains to
which they will be subjected; and
iii. Be maintained in proper condition.
d) Scaffolds shall be so constructed that no part thereof can be displaced
in consequence of normal use.
e) Scaffolds shall not be overloaded and so far as practicable the load
shall be evenly distributed.
f) Before installing lifting gear on scaffolds special precautions shall be
taken to ensure the strength & stability of the scaffolds.
g) Scaffolds shall be periodically inspected by a competent person.
h) Before allowing a scaffold to be used by his workmen the contractor
shall, whether the scaffold has been erected by his workmen or not,take steps to
ensure that it complies fully with regulations herein specified
i) Working platforms, gangways and stairways shall be so constructed that no
part thereof can sag unduly or unequally.
ii) Be so constructed and maintained, having regard to the prevailing
conditions as to reduce as far as practicable risks of persons tripping or slipping;
and
iii) Be kept free from any unnecessary obstructions.
j) In the case of working platforms, gangways, working places and
stairways at a height exceeding……(To be specified)
i. Every working platform and every gangway shall be closely
boarded unless other adequate measures are taken to ensure safety.
ii. Every working platform, gangway working shall have adequate width and
iii. Every working platform, gangway, working place and stairway
shall be suitably fenced
k) Every opening the floor of a building or in a working platform shall,
except for the time and to the extent required to allow the access of
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persons or the transport of shifting of material, be provided with
suitable means to prevent the fall of persons or material. l) When persons are employed on a roof where there is a danger of
falling from a height exceeding ………. suitable precautions shall be
taken to prevent the fall of persons or material. m) Suitable precautions shall be taken to prevent persons being struck by
articles which might fall from scaffolds or other working places.
n) Safe means of access shall be provided to all working platforms and
other working places.
Clause 20 B : The contractor shall comply with the following regulations as regards
hoisting appliances to be used by him :
a) Hoisting machines and tackles, including their attachments,
anchorages and support shall:
i. Be of good mechanical construction, sound material & adequately
strength & free from patent defect; &
ii. Be kept in good repair and in good working order.
b) Every rope used in hoisting/lowering materials or as a means of
suspension shall be of suitable quality, adequate strength & free from
patent defect.
c) Hoisting machines and tackle shall be examined and adequately
tested after erection on the site and before use and be re-examined in
position at intervals to be prescribed by the Government.
d) Every chain, ring, hook, shackle, swivel & pulley block used in
hoisting/lowering materials or as a means of suspension shall be
periodically examined.
e) Every crane driver/hoisting appliance operator shall be properly
qualified.
f) No person who is below the age of 18 years shall be in control of any
hoisting machine including any scaffold or give signals to the
operator.
g) In the case of every hoisting machine & of every chain, ring, hook,
shackle, swivel & pulley block used in hoisting/lowering/as a means
of suspension the safe working load shall be ascertained by adequate
means.
h) Every hoisting machine and all gears referred to the proceeding regulation
shall be plainly marked with the safe working load.
i) In the case of a hoisting machine having a
variable safe working load each safe working
load and the condition under which it is
applicable shall be clearly indicated.
j) No part of any hoisting machine or of any gear
referred to in regulation ‗g‘ above shall be loaded
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beyond the safe working load except for the purpose of testing.
k) Motors, gearings, transmissions, electric wiring and other dangerous parts of
hoisting appliance shall be provided with efficient safe guards. l) Hoisting
appliances shall be provided with such means as will reduce to a minimum the
risk of the accidental descent of the load.
m) Adequate precautions shall be taken to reduce to a minimum the risk
of any part of a suspended load becoming accidentally displaced.
Clause 21 : The contractor shall not set fire to any standing jungle, Measure for Measure for
prevention trees brushwood or grass without written permit from the Managing prevention of
Director. When such permit is given, and also in all cases hen destroying cut or fire.
dug up trees, brushwood, grass etc. by fire, the contractor shall take necessary
measures to prevent such fire spreading or otherwise damaging surrounding
property. The contractor shall make his own arrangements for drinking water for the
labour employed by him.
Clause 22 : Compensation for all damage done intentionally or Liability of Liability of
contractor unintentionally by contractor‘s labour whether in or beyond the limits Contractor for of for
any damage done in Government property including any damage caused by any damage
the spreading of or outside work area fire mentioned in clause 22 shall be done in or
estimated by the Engineer in charge or such other officer as he may appoint and outside work
the estimates of the Engineer in charge subject to the decision of the Managing area.
Director on appeal shall be final and the contractor shall be bound to pay the amount
of the assessed compensation on demand failing which the same will be recovered
from the contractor as damages in the manner prescribed in clause 1 or deducted by
the Engineer in charge from any sums that may be due to or become due from
Government to the contractor under this contract or otherwise.
The contractor shall bear the expenses of defending any action or other legal
proceedings that may be brought by any persons for injury sustained by him owing
to neglect of precautions to prevent the spread of fire and he shall pay any damage
and cost that may be awarded by the court in consequence.
Clause 23: The employment of female laborers on works in the neighborhood of Employment of
soldier‘s barracks should be avoided as far as possible. Female Labour.
Clause 24: No work shall be done on a Sunday without the sanction in writing of Works on
the Engineer in charge Sunday.
Contractor Executive Director
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Clause 25: The contract shall not be assigned or subject without the written Work not to be
approval of the Engineer in charge. And if the contractor shall assign or sublet his sublet. Contract
contract, or attempt so to do or become insolvent or commence any proceedings to may be
get himself adjudicated an insolvent or composition with his creditors, or attempt rescinded and
so to do the Engineer in charge may be notice in writing rescind the contract. Also security deposit
if any bribe, gratuity, gift, loan, perquisite, reward or advantage, pecuniary or forfeited for
otherwise, shall either directly or indirectly given, promised or offered by the subletting it
contractor, or any of his servants or agents to any public officer or person in the without approval
employ of IPMCL in any way relating to his office or employment, or if any such or for bribing a
officer or person shall become in any way directly or indirectly interested in the public office or if
contract, the Engineer in charge may be notice in writing rescind the contract, in contractor
the event of a contract being rescinded the security deposit of the contractor shall becomes
thereupon stand forfeited and be absolutely at the disposal of Government and insolvent
the same consequences shall ensure as if the contract had been rescinded under
clause 3 hereof and in addition the contractor shall not be entitled to recover or be
paid for any work therefore actually performed under the contract.
Clause 26 : All sums payable a contractor by way of compensation under any of Sum payable by
way of these conditions shall be considered as a reasonable compensation to be applied to
the use of Government without reference to the actual loss or damage sustained, compensation to
and whether any damage has or has not been sustained. be considered as
reasonable
compensation
without
references to
actual loss
Clause 27 : In the case of tender by partners any change in the constitution of a Changes in the
firm shall be forthwith notified by the contractor to the Engineer in charge for his constitution of a
information. firm to be
notified
Clause 28 : All works to be executed under the contract shall be executed under Works to be
the direction and subject to the approval in all respects of the Executive Director under direction
of the circle for the time being who shall be entitled to direct at what point or of Managing
points and in what manner they are to be commenced and from time to time Director:
carried on
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carried on.
Clause 29 : Except where otherwise specified in the contract and subject to the Decision of
powers delegated to him by IPMCL under the code rules than in force, the decisions Managing
of the Executive Director of the Circle for the time being shall be final, conclusive, Director to be
and binding on all parties to the contract upon all questions relating to the final
meaning of the specifications, designs, drawings, and instruction herein before
mentioned and as to the quality of workmanship, or materials used on the work
or as to any other question, claim right, matter, or thing whatsoever, if any way
arising out of, or relating to the contract, designs, drawing specifications,
estimates, instructions, orders, or conditions, or otherwise, concerning the work or
the execution or failure to executive same, whether arising, doing the progress of
the work, or after the completion or abandonment thereof.
Clause 30 : when the estimate on which at tender is made includes lump sum in Lump sums in
respect of parts of the work, the contractor shall be entitled to payment in respect estimates
of the items of work involved of the part of the work in question at the same rates
as are payable under this contract for each items, or if the part of the work in
question is not in the opinion of the Engineer in charge capable or measurement,
the Engineer in charge may at his discretion pay the lump sum amount entered in
the estimate and the certificate in writing of the Engineer in charge shall be final
and conclusive against the contractor with regard to any sum or sums payable to
him under the provision of this clause.
Clause 31 : In the case of any class of work for there is not such specifications as is Action where no
specification . mentioned in Rule I such work shall be carried out tin accordance with the
Divisional Specifications, and in the event of there being no Divisional
specification, then in such case the work shall be carried out in all respects in
accordance with the instruction and requirements of the Engineer in charge.
Clause 32 : : The expression ― Works‖ or ―work‖ where used in these conditions, Definition of
work shall unless there be something in the subject or context repugnant to such
constructions, be constructed to mean the work or works contract to be executed
under or in virtue of the contract, whether temporary or permanent and whether
original, altered substituted or additional.
Clause 33 : All quarry fees royalties, octroi dues and ground rent for staking Refund of quarry
materials, if any, should be paid by the contractor. Who will however be entitled fees and
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to a refund of such of charges as are permissible under rules or obtaining the royalties.
certificate from engineer in charge that the materials where required for use on
IPMCL work.
Clause 34 : The contractor shall be responsible for and shall pay any compensation Compensation
under the work to his workmen payable under the Workmen‘s Compensation Act, 1923 (VII of
1923), hereinafter called the said Act) for injuries caused to the workmen. If such men‘s
compensation is paid by Government as principal under sub section (I) of section compensation act
12 of the said Act on the behalf of the contractor, it shall be recoverable by
Government from the contractor under sub section (2) of the said section. Such
compensation shall be recovered in the manner laid down in clause 1 above.
Clause 34 A : The contractor shall be responsible for and shall pay the expenses of Compensation
providing medical aid to any workman who may suffer bodily injury as a result of under the work
an accident. If such expenses are incurred by IPMCL the same shall be recoverable men‘s
from the contractor forthwith and be deducted without prejudice to any other compensation
remedy of Government from any amount due or that may become due to the act.
contractor.
Clause 34 B : The contactor shall provide all necessary personal safety
equipment and First air apparatus available for the use of the persons
employed on the site, shall maintain the same condition suitable for
immediate use at any time and shall comply with the following regulation
in connection therewith.
a) The workers shall be required to use the equipment so provided
by the contractor shall take adequate step to ensure proper use of
the equipment by those concerned.
b) When work is carried on in proximity to any place where there is
risk of drawing, all necessary equipments shall be provided and
kept ready for use and all necessary steps shall be taken for the
prompt rescue of any person in danger.
c) Adequate provision shall be made for prompt first aid treatment of
all injuries likely to be sustained during the course of work.
Clause 35 : Quantities to respects of the several item shown in the tender are Claim for
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approximated and no revision in the tendered rate shall be permitted in respect of quantities of any of
the items so long as subjects to special provisions contained in the
work entered in specifications prescribing differences percentage of permissible variation. The
the tender or quantity of the items does not exceed the tender quantity by mote than 25% and so
estimate. long as the value of the excess quantity beyond his limit at the rate of item
specified in the tender is not more than Rs. 5000.00
2. The contractor shall if ordered in writing by the Engineer so to do carry out any
quantities in excess of the limit mentioned above in this clause. On the same
conditions as and in accordance with the specifications in the tender and at the rate
decided from the rates enclosed in the current
schedule of rates and in absence of such rates ate the rates prevailing on
the market rate, which may be increased or decreased as this case may be by the
percentage which the total tendered amount bears to the estimated cost of the total
work as put to tender.
3. Claims arising out of reduction in the tendered quantity of any item beyond 25%
will be governed by the provision of clause 15 only when the amount of such
reduction beyond 25% at the rate of the item specified in the tendered is more than Rs.
5000.00.
In view of the rationalisation of the revision of clause 37 of B-2 it is necessary to
prescribed the manner in which the claims arising out of reduction in the tendered
quantity of any item under 15 of the tender form should be dealt with.
Clause 36 : The contractor shall employ any famine, convict or other labour of a Employment of
particular kind or class if ordered in writing to do so by the Engineer in charge. famine other
labour :
Clause 37 : No compensation shall be allowed for any delay caused in the starting Claim for
compensation for of the work on account of acquisition of land or, in the case of clearance works, on
account of any delay in according sanction to estimates. delay in starting
the work :
Clause 38 : No compensation shall be allowed for any delay in the execution of the Claim for
work on account of water standing in borrow pits or compartments. The rates are compensation for
inclusive for hard or cracked soil, excavation in mud, sub soil water or water delay in the
standing in borrows pits and no claim for an extra rate shall be entertained, unless execution of
otherwise expressly specified. work:
Clause 39 : The contractor shall not enter upon or commence any portion of work Entering upon or
Contractor Executive Director
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except with the written authority and instruction of the Engineer in charge or his
subordinate in charge of the work. Failing such authority the contractor shall
have no claim to ask for measurements of or payment for work.
Minimum age of persons employed the employment of donkeys and /or
other animals and the payment of air wages.
Clause 40 : : (i) No contractor shall employ any person who is under the age of 18
years.
(ii) No contractor shall employ donkeys or other animals with breeching, of string or
thin rope. The breeching must be at least three inches wide and should be of tape (
Nawar).
(iii) No animal suffering from sores, lameness or emaciation or which is immature
shall be employed on the work.
(iv) The Engineer in charge or his Agent is authorised to remove from the work any
person or animals found working which does not satisfy these conditions and no
responsibility shall be accepted by IPMCL for any delay caused in the completion
of the work by such removal.
(v) The contractor shall pay fair and reasonable wages to the workmen employed by
him in the contract undertaken by him. In the event of any dispute arising between the
contractors and his workmen on grounds that the wages paid are not fair and
reasonable the dispute shall be referred without delay to the Executive Director, who
shall decide the same. The decision of the Executive Director shall be conclusive and
binding on the contractor but such decision shall not in any way affect the condition in
the contract regarding the payment to be made by IPMCL at the sanctioned tender
rates.
(vi) The contractor shall provide drinking water facilities to the
works. Similar amenities shall be provided to the workers
engaged on large work in urban areas.
commencing an
portion of work :
Minimum age of person employed, the employment of donkeys and or other animals and the payment of fair wages :
Clause 41 : Payment to contractors shall be made by RTGS.
Acceptance of
Clause 42 : Any contractor who does not accept these conditions shall
not be allowed to tender for works.
Clause 43 : If IPMCL declare a state of scarcity or famine to exist in any
village situated within 10 miles of the work, the contractor shall employ
upon such parts of the work, as are suitable for unskilled labour, any
conditions compulsory before tendering for work
Employments of
scarcity labour
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person certified to him by the Executive Director, or by any person to whom
the Executive Director may have delegated this duty in written to be in need
of relief and shall be bound to pay to such persons wages not below the
minimum which IPMCL may have fixed in this behalf. Any dispute which
may arise in connection with the implementation of this clause shall be
decided by the Executive Director whose decision shall be final and binding
on the piece contractor/worker.
Clause 44 : The price quoted by the contractor shall not in any case exceed the
control price if any fixed by Government or reasonable price which it is permissible
for him to charge a private purchaser for the same class and description of goods
under the provisions of Hoarding and Profiteering Prevention Ordinance. 1948 as
amended from time to time. If the price Prevention ordinance contractor will
specifically mention this fact in his tender along with the reasons for quoting such
higher price. The purchaser at his discretion will in such case exercise the right or
revising the price at any state so as to confirm with the controlled price on the
permissible under the Hoarding and Profiteering Prevention Ordinance. This
discretion will be exercised without prejudice to any other action that may be taken
against the contractor.
Clause 45 : The rates to be quoted by the contractor must be inclusive of GST, no
extra payment on this account will be made to the contractor.
Clause 46: The contractor should as far as possible obtain his requirement of
labour skilled and skilled from the nearest Employment exchange.
Clause 47: The provision regarding contractor‘s labours in the contract labour
(Regulation and abolition) Act, 1970 with he Maharashtra contract labour (Regulation
and addition) Rules –1971 shall be binding on the contractors. IF the provision in the
said act contradicts with any of the provision regarding contractor labour in any of the
clause in this tender, the provision in the contract labour (Regulation and Abolition)
Act 1970 with the Maharashtra Labour(Regulation and Abolition) Rules, 1971 shall
prevail.
Clause 48: The contractor shall comply with the provisions of the apprentices Act
1961 and the rule and the orders issued the tender there under from time to time. If
he/they/fail/fails to do so the failure will be breach of the contract and the
Contractor Executive Director
(Signature & Seal) IPMCL
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Executive Director may in the discretion, cancel the contract the contractor shall be
liable to appropriate action by him/them of the provision of the act.
Clause 49 Supply of material etc. by the contractors : The contractor are to provided
every article which may be necessary and requisite for the due and proper execution
of the several work included in contractor according to the indent and measuring or
the drawing and specifications taken together which are to be signed by Executive
Director IPMCL (hereinafter called the Executive Director) and by the contractor
whether the same may or may not have been particularly described in the
specifications or whom on the drawing provided however that the same are
reasonable and obviously to be informed therefrom. In case of any discrepancy
between the drawing and the specification the Executive Director shall decide which
of the two is to be followed.
Clause 50 The contractor shall set out the whole of the work as per approved
drawings and details supplied to him and during the progress of the work shall set
right as ordered by the Executive Director or his agent any error, which may be
found therein and shall also provide all necessary labour plant, labours and materials
for the purpose. The contractor shall also provide plats, labour and materials (with
the exceptions noted in schedule attached) which may be necessary and requisite for
the works. The materials and workmanship, are to the best of their respective jobs.
The contractors shall have to work in all respects clean and perfect at the completion
there off.
Clause 51 Drawing and specifications: At least six copies of the drawing and
specifications submitted by the contractor and approved signed by the Executive
Director shall be furnished by the contractor to the IPMCL and copies there of shall
be kept on site. Contractor agent who is to be constantly kept at site by the contractor
and to whom the instructions can be given by the Executive Director, IPMCL under
schedule A of the contract will supply plain M.S. round and/ or tor steel depending
upon the availability. As such design based on exclusive use of steel shall not to be
accepted.
Clause 52 (Control over works) The Executive Director or his duly authorized
representative have at all times access to the works which are to be entirely under his
control. He may require the contractor to dismiss person in his opinion is in
competent or misconducts himself and contract or shall forthwith comply with every
such requirements.
Contractor Executive Director
(Signature & Seal) IPMCL
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Clause 53 Materials left at site; all works and material brought and left upon the site
of the work either by the contractor or the orders for the purpose of forming part of
the work are to be considered to the property of the IPMCL and the same shall not be
removed or carried away by the contractors or any other person without the concent
in writing of the Executive Director but the IPMCL shall not in any way be
answerable for any loss or damage which may happen to in respect of any such work
or materials on account of the same being lost or stolen or injured by weather or
otherwise.
Clause 54 Removal and substitution of materials : The Executive Director shall have
full power for removal from the premises of the materials which in his opinion are not
in accordance with the specifications and incase of default the Executive Director
shall be at liberty to employ other persons to remove the same without being
answerable or accountable for any loss or damage that maybe caused to such
materials. The Executive Director shall also have full power to acquire other proper
materials to be substituted and in case of default the Ex. Engineer may cause the same
to be supplied and all cost which he incurred insuch removal and substitution shall be
borned by the contractor.
Clause 55 Action in case of improper materials and workmanship : if in the opinion
of the Executive Director any work or any part thereof is executed with improper
material of defective workmanship, the contractor shall when enquired by the
Executive Director forthwith re-execute the same and substitute proper materials an
workmanship & in case of default by the contractor in so doing within a week from
the dates of the requisition the Executive Director shall have full power to employ
other persons to re-execute the work & cost there of shall be borne by contractor.
Clause 56: Action and compensation payable in case of bad work : I at any time
before security deposit is refunded to contractor , it shall appear to the Engineer-in-
charge or his subordinate in charge of the work, that any work has been executed with
unsound imperfect or unskilled workmanship for with material of inferior quality of
that any materials provided by him for the execution of the work unsound, or of a
quality inferior to that contract it shall be lawful for the Engineer-in-charge to
intimate this fact in writing to the contractor and than not withstanding the fact that
the work material or articles complained or may have been inadvertently passed,
certified and paid for. The contractor shall be
Contractor Executive Director
(Signature & Seal) IPMCL
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
41
bound to forthwith rectify or remove or reconstruct the work so specified in whole or
in part, as the case may require or if so required, shall remove materials & articles so
specified and provide other proper and suitable materials at his own charge and cost.
In the event of this failing to do so within a period to be specified by Engineer-in-
charge in written intimation aforesaid the contractor shall be liable to pay
compensation at the rate of 1 % on the amount of estimate for every day not
exceeding 10 days, during
which the failure so continuous and in that event of any such failures as aforesaid the
Engineer-in-charge may rectify or remove and re-execute the work or remove and
replace the materials or articles complained or as the case may be at the risk &
expenses in all respect of the contractor.
The Engineer-in-charge consider that any such inferior work or materials as
described above will not be accepted and will be straight way rejected.
Clause 57: Performance & guarantee of work of plant completed by the
contractor : The contractor shall make good and repair defects in materials
and workmanship & performance, etc., revealed in the finished work or the
plant completed by him for a period of 12 months from the date of which
final completion certificate is issued by Engineer-in-charge. The decision of
the Engineer-in-charge as to the necessity of repairs shall be binding on the
contractor . If the contractor fails to maintain and keep in proper condition.
The work completed by him or if the plant erected by him stipulated period of
maintenance or performance, the Engineer-in-charge shall be entitled to carry
out the repairs department or enough other agency at the cost of contractor the
decision of the Engineer –in-charge as the amount of expenses incurred in
carrying out the repairs shall be final and binding on the contractor. The
Engineer-in-charge shall be entitled to forfeit the whole or any part of the
security deposit the amount stated elsewhere in these documents for this
purpose towards expenses incurred by him in repairing the work completed
by the contractor.
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
42
Clause 58 -Responsibility of contractor for damage or fire etc. : From the
commencement of the work to the completion of the same work shall be
under the contractor‘s charge. The contractor shall be held responsible for any
damage done to the same by fire or any other cause and they shall be liable to
make good all such damage and to carry out any repairs which may be
rendered necessary to the same be fire or other causes and they and to hold
the IPMCL harmless from any claim for injures to persons for structural
damage to property happening from any neglect or default for want to proper
care of misconduct on the part of the contractor or any one of their employee
during the execution of the work.
Clause 59- Execution of the works included in the contract : The Executive Director
shall have full power to send workmen on the premises to execute fitting and other
works not included in the contract and for which the contractors shall be carried on in
such a manner as not impede the progress of the work included in the contract. The
contractors shall however be responsible for any damage which may happen to or be
occasioned in the execution of an such fitting or other works.
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
43
Annexure II
EMD of the equipment
EMD will be 1% of the value of the quoted price of Suppliers. The EMD will be
returned to the unsuccessful bidder within 1 month of opening the commercial bids.
The EMD deposited by the successful bidder shall be released on submission of
Performance Bank Guarantee as stipulated in terms & conditions. No interest
would be paid to the EMD deposited/ held back.
Security Deposit – Total 5%
1% to be deposited before commencement of work in addition to 1% EMD amount.
Balanced 3% will be deducted from the running bills to make total 5%.
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
44
Annexure III
FORMAT FOR COST DETAILS
(Cost particulars should be given in this format instrument wise/ accessories wise separately)
Note: All the cost particulars should be furnished either in Indian Rupees or foreign currency..
Part 1: Cost details of indigenous equipments/ instruments
Name of the Instrument:
S.No. Cost details of indigenous items Cost in Rs.
i) Cost of RO and Civil Work
ii) Cost of Evaporator
(a) Any other cost
Delivery schedule of the equipment: months
ANNEXURE- IV
FORMAT OF BANKGURANTEE FOR GUIDANCE PURPOSES ONLY (ON NON-
JUDICIAL STAMP PAPER OF Rs.100/-)
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
45
(Applicable for successful bidders, to be submitted in lieu of security deposit and also for
releasing the 20% advance-for guidance purpose)
Bank guarantee No.________________________ Date:
This deed of guarantee made this __________________________day of
_______________________2016/17 (Two thousand and Sixrteen/Seventeen(Name and address
of the bank) hereinafter referred to as ‗the Bank‘) which expression shall where successors and
assignees of the Bank and the IchalkaranjiPowerloomMegacluster Limited, (hereinafter referred
to as IPMCL) which expression shall unless repugnant to the context of the meaning thereof
include its legal representatives, successors and assignees.
WHEREAS the IPMCL HAS PLACED ITS Purchase Order Bearing No.___________________
dated ________________on (name and address of the bidder) (hereinafter called ‗the supplier‘
for the supply of________________
AND WHEREAS the IPMCL has agreed to pay to the supplier an advance 15% of the value of
the equipment on submission of a Bank Guaranteeof equal amount, which will be kept valid upto
delivery of the machine months from the date of Bank Guarantee.
In consideration of the IPMCL having agreed to pay to the supplier Rs. ____________
(Rupees________________________________________ only) being the 15% cost of the value
of the equipment, we (name of the Bank) hereby undertake and guarantee to make repayment to
IPMCL the said 15% amount or any part thereof which does not become payable to the supplier
by the IPMCL in accordance with the subject to the terms and conditions of the said order within
___________ days from the date of dispatch/ from the date of receipt of the material at site. The
Bank further undertakes not to revoke this guarantee during its currency except with the previous
consent of the IPMCL in writing and this guarantee shall be a continuous and irrevocable
guaranteeupto a sum of Rs.___________(Rupees______________________ Only)
The Bank shall not be discharged or released from this guarantee by an arrangement between the
supplier and the IPMCL with or without the consent of the Bank or any alterations in the
obligation of the parties or by any indulgence, forbearance shown by IPMCL to the supplier and
the same shall not prejudice or restrict remedies against the Bank nor shall the same in any event
be a ground of defense by the Bank against the IPMCL. We (name of the Bank) do hereby
undertake to pay an amount equal to 15% of the order value being the amount due and payable
under this guarantee without any demur, merely on demand from the IPMCL stating that the
amount claimed is due to the IPMCL. In case the IPMCL puts forth a demand in writing on the
Bank for the payment of the amount in full or in partagainst this Bank guarantee, the bank shall
consider that such demand by itself a conclusive evidence and proof that the supplier has failed
in complying with the terms and conditions stipulated by IPMCL in the Purchase Order and
payment shall be made to the IPMCL without raising any dispute regarding the reasons for any
such lapse/ failure on the part of the supplier.
This guarantee shall be in addition to and without prejudice to any other securities or remedies
which the IPMCL may have to hereinafter possess against the supplier and the IPMCL shall be
under no obligation to marshal in favor of the Bank any such securities or fund or assets that the
IPMCL may be entitled to receiving or have a claim upon and the IPMCL at its absolute
discretion may vary, exchange renew, modify or refuse to complete or enforce or assign any
security or instrument.
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
46
The bank agrees that the amount hereby guaranteed shall be due and payable to the IPMCL on
IPMCL‘s serving with a notice requiring the payment of the amount and such notice shall be
deemed to have been served on the Bank either by actual delivery thereof to the Bank or by
dispatch thereof to the Bank by Registered Post shall be deemed to have been duly served on the
Bank notwithstanding that the notice may not in fact have been delivered to the Bank.
In order to give full effect to the provisions of this guarantee, the Bank hereby waives all
inconsistent with the above provisions and which the Bank might otherwise as guarantor be
entitled to claim and enforce.
NOTWITHSTANDING anything contained herein before, the liability under this guarantee is
restricted to Rs._______________(Rupees____________________ Only). The guarantee shall
remain in force till the _____________________ and unless the guarantee is renewed or a claim
is preferred against the Bank within 3 months from the said date all rights of the IPMCL under
the guarantee shall cease and Bank shall be released and discharged from all liability hereunder.
______________________
(SIGNATURE)
PLACE:
DATE: SEAL CODE NO.
NOTE 1: SUPPLIERS SHOULD ENSURE THAT SEAL AND CODE NO. OF THE
SIGNATORY ARE AFFIXED BY BANKER, BEFORE SUBMISSION OF THE BANK
GUARANTEE.
ANNEXURE V
FORMAT TO BE FILLED UP AND SUBMITTED
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
47
IN THE LETTER HEAD OF THE BIDDER
To,
ICHAKLKARANJI POWERLOOM MEGA CLSUTER LTD
Address of communication: Plot No. 1-7/B, Laxmi Co-op Industrial Estate, Hatkanangale – 416
109, Kolhapur Dist.
Email : [email protected]
,
Sub: Supply of ----------Equipment to IPMCLas per the specifications and quantities mentioned
in the tender.
Dear Sir,
a) Having examined the conditions of Tender and Specifications of the machine, we, the
undersigned, offer to supply ------------- machineas mentioned in the Annexure I as per the
quantity and specifications given in the tender along with standard spares/accessories as
specified.
b) Earnest Money Deposit (EMD) as given in Annexure II in the form of Bank Demand Draft/
Pay Order in favor of ‗IchalkaranjiPowerloomMegacluster Ltd’payable at Ichalkaranjias
detailed in the Tender Conditions is enclosed.
c) The original tender document duly signed on all pages is enclosed.
d) We agree to abide by this for the period from the opening date fixed for receiving the same
and it shall remain binding upon us for a mutually extended period agreed in writing by us.
e) If our tender is accepted, we undertake to supply the machine and install the same at site
mentioned in the tender within the specified mentioned in Annexure V from receipt of the
order from the IPMCL in writing.
f) We agree to supply consumable spare parts and replacement of the broken/damaged/non-
compatible parts during the guarantee/warranty period, free of charge, as per the terms and
conditions.
g) We agree to train the personnel free of charge, as per the terms and conditions.
h) If our tender is accepted we will, obtain and arrange:
1. Security Deposit/ Bank Guarantee as defined
2. Insurances
3. Any other statutory obligation, if any, prior to commencement of supply of machinery.
i) We agree for the validity of our tender up to ONE year from the date of order confirmation.
j) We agree to your right to forfeit our EMD/Security deposit without prejudice to any other
right or remedy for the following failures on our part.
1) Changes in terms and conditions of tender are made within the validity period.
2) Supply and installation of machine is not commenced within specified period as given in
the tender Document.
3) Obligations under (e) above are not fulfilled.
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
48
k) The bidders shall use only tender documents as issued for submitting his bid and shall
comply with various terms and conditions.
l) Unless and until a formal Agreement/order is prepared and issued, this tender together with
your written acceptance thereof, shall constitute a binding contract between us and IPMCL.
m) We understand that you are not bound to accept the lowest or any tender you may receive.
n) We agree to make a presentation of the products to be supplied by us, before the Purchase
Committee if need be on a mutually convenient date.
Authorized Signatoryof the Tenderer
Signature dated :
Designation/ Capacity :
Name :
ANNEXURE VI
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
49
CHECK LIST TO BIDDERS
1. Get all the clarification regarding terms and conditions, specifications etc during the pre-bid
meeting or by writing to the Chairman,IPMCL, prior to submission of bids.
2. The original tender document purchased/ downloaded in full has to be submitted along with
the technical bids duly signed on all pages. Adequate copies of the format of the cost details
may be taken separately for each instrument.
3. If the tender document is downloaded, separate DD of exact amount as of tender fee is to be
enclosed and also the required EMD for each machine as mentioned in the tender document
are to enclosed. A combined DD covering the EMD for all the machine quoted can be drawn
and kept in one of the technical bids. Copies of this DD can be kept in other technical bids.
4. A covering letter duly signed by the authorized person as per the specimen given at annexure
VI of the tender document.
5. Ensure that User Certificates from at least two users on their letter head stating that the
performance of similar make and model supplied to them is satisfactorily is enclosed.
6. No commercial terms of reference should be given in the technical bid at all.
7. A descriptive leaflet / brochure of the equipment quoted are enclosed along with the technical
bid.
8. Ensure that all documents are enclosed in cover A as mentioned
9. The technical and commercial bids are submitted separately super scribing cover A Technical
Bid for ……………………..instrument or Cover B Commercial bid for
………….instrument. Last date ……….. The technical bids can be kept together in one
envelop, ensure that the commercial bids are kept separately for each instruments.
10. Proof regarding manufacturer / authorized agent, as the case may be, is enclosed.
11. Prior to submission of bids, bidders have to ensure that the equipment quoted by them is
suitable for producing High Quality Fabrics.
12. Cost details are to be given in the prescribed format only. If more than one Model of the
instrument is quoted, separate sheet may be enclosed may be given.
Note: if the bidder fails to furnish all the relevant documents / information as mentioned in
the tender documents, the tender will be rejected.
TENDER OF 3 MLD ZLD & 50 % RECYCLING FOR ICHALKARANJI
POWERLOOM MEGA CLUSTERLTD.
50