bhavan on plot no. 76a in sector - 21 at...

C. A. No.03/CIDCO/SE(KHR-I)/EE(KHR-III)/2013-14 Sl.Pg.No.0 Project: Providing Interior works for Auditorium of Gram Vikas Bhavan on Plot No. 76-A in Sector – 21 at

Kharghar, Navi Mumbai. (3rd Call) Client : RD & WC Deptt., Govt. of Maharashtra Document: Contract Conditions (Vol. I)

Consultant / Architect Project Management Consultant (PMC) Radius Design Solutions CIDCO Limited. VOLUME – I

CITY & INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA LIMITED

Name of Work : Providing Interior works for Auditorium of Gram Vikas Bhavan on Plot No. 76-A in Sector – 21 at Kharghar, Navi Mumbai.

(3rd

cidco.maharashtra.etenders.in

CALL)

C. A. No.03/CIDCO/SE(KHR-I)/EE(KHR-III)/2013-14

VOLUME – I

CONTRACT CONDITIONS

Due on : 20/05/2014 to 23/05/2014 on website

Price : ` 12,600/- (Rupees Twelve Thousand Six Hundred only)

(including 5% VAT (Non-Refundable))

Bid Consists of : Volume – I : Contract Conditions Volume – II : Price Bid & Technical specifications Volume – III : Drawings

:OFFICE : CHIEF ENGINEER (SOUTH)

CIDCO OF MAHARASHTRA LIMITED, 3RD FLOOR, CIDCO BHAVAN,

CBD-BELAPUR, NAVI MUMBAI.




Name of Work : Providing Interior works for Auditorium of Gram Vikas

Bhavan on Plot No. 76-A in Sector – 21 at Kharghar, Navi Mumbai. (3rd

Sr. No.

Call)

VOLUME – I : CONTRACT CONDITIONS

INDEX

Description Sl. Pg. No.

1. Notice Inviting Bid 3 6

2. Bidding Programme 7 7

3. Notice of Bid & Instructions to Bidders 8 16

4. Undertaking by the Bidder while Submission of Bid 17 19

5. General Conditions of Contract 20 135

6. Special Conditions of Contract 136 191

7. Additional Special Conditions of Contract (Electrical / Stage Light & Projector System)

192 202

8. Proforma of :

a) Contract Agreement 203 206

b) Bank Guarantee in Lieu of E.M.D. 207 210

c) Bank Guarantee in Lieu of Contract Deposit 211 215

d) Bank Guarantee for Mobilization Advance 216 220

e) Indenture Bond 221 225

f) Indemnity Bond 226 227

g) Promissory Note 228 228

h) Performance Guarantee for Project 229 230




Sr. No. Description Sl. Pg. No.

i) Details of staff proposed to be deployed at site for execution of work

231 232

j) Eligibility Criteria for Qualification of Agency 233 233

9. Proforma Agreeing to General Conditions of Contract 234 234

10. Declaration and undertaking by the Contractor for Satisfactory Completion of Work

235 235

11. Declaration and Undertaking regarding pre-bid submission site visit by Bidder

236 236

________________ _________________ ___________________ Signature of Bidder Architect/Consultant Chief Engineer (South) Date : Date : Date :




NOTICE INVITING BID (3RD CALL)

Notice Inviting Bid published in daily Marathi News Papers

“Vruta-Manas, Aapale Mahanagar & Sakal” dated 25/04/2014




NOTICE INVITING BID (3RD CALL) CIDCO of Maharashtra Limited through the process of e-tendering invites “ON LINE” item rate percentage Bids from the reputed experienced prospective bidders who have completed work of similar nature for the work mentioned below:

Sr. No. Description Details

1. Name of Work Providing Interior works for Auditorium of Gram Vikas Bhavan on Plot No. 76-A in Sector – 21 at Kharghar, Navi Mumbai. (3rd Call)

2. C.A. No. 03/CIDCO/SE(KHR-I)/EE(KHR-III)/2013-14 3. Cost put to the Bid ` 2,30,04,625.99 4. E.M.D. ` 2,31,000/- 5. Completion Period 09 (Nine) Months (including Monsoon) 6. Cost of Blank Bid

Document ` 12,600.00 (including 5% VAT (Non-Refundable))

ELIGIBILITY CRITERIA 1) For qualification, “On-Line” submission shall be accompanied by attested

copies of: a) Sales Tax Certificate (MVAT). b) Income Tax Permanent Account Number.

2) Experience of having successfully completed works during the last 5 (Five)

years ending last day of the month previous to the one in which applications are invited. (a) One similar completed work of costing not less than the amount equal to

25% of the cost put to the bid i.e. Rs.58.00 lacs; OR

(b) Two best similar completed works adding to a total cost of minimum 40% of the cost put to the bid of proposed work i.e. Rs.92.00 lacs;

OR (c) Three best similar completed works adding to a total cost of minimum

45% of the cost put to the bid of proposed work i.e. Rs.104.00 lacs.

3) Joint Venture/Consortium are not permitted.




4) Financial Criteria: The Prospective Bidders will be qualified only if they have minimum financial capabilities as below:-

i) Working Capital (Current Assets – Current Liabilities): Working Capital (Net Cash Flow) of the Prospective Bidders during last audited financial years should be greater than ` 39.00 lacs.

ii) Profitability: Profit after Tax should be Positive for “Two Years” out of last three consecutive financial years: such that it should be positive for immediate last financial year and one year out of two previous years.

iii) Net Worth: Net worth of Prospective Bidder during last audited financial year should be greater than ` 12.00 lacs.

iv) Average Annual Turnover: The average annual turnover of last three financial years should be equal to or greater than ` 115.00 lacs.

Notes: i) Turn over will be considered for main bidder and not for the Group

Company or Subsidiary Company for all members of consortium put together.

ii) The value of works shall be brought to current costing level by enhancing the executed value of work at simple rate of 7% per annum.

iii) The information regarding Financial Criteria and Average Annual Turn over certified by Chartered Accountant will be only considered.

5) Bid Capacity Criteria: The Prospective Bidder will be qualified only if their available bid capacity

is more than the Cost put to the Bid of the work as per notice inviting Bid. (Minimum bid capacity = Rs.115.00 lacs). The available bid capacity will be calculated base on the following formula:

Available Bid capacity= (2 x A x N) - B

where,

A = Average Annual Turn Over for last three financial years. N = No. of years prescribed for completion of the work. B = Value of existing commitments and on going works to be completed

during the period of completion of work. Notes : 1) For qualification, on-line submission shall be accompanied by attested

copies of valid Bank solvency certificate (Minimum amount of Rs.15.00 Lacs), sales tax certificate (MVAT), Income Tax Permanent Account No., list of technical staff, list of plant, machinery and equipments, list of works & it’s magnitude executed in last Five years along with work completion certificates and list of works in hand.




The applicant should also produce original documents for verification if called for. Failure to attach necessary documents with application will render applicant ineligible for qualification of Bid without any intimation.

2) CIDCO reserves right to reject any or all Bids without assigning any reason and the same shall be at the entire discretion of CIDCO. CIDCO’s decision in this respect shall be final and binding.

3) Conditional Bids shall be summarily rejected. 4) The offer shall remain valid for a period of one hundred twenty (120) days

from the date of submission of Bid. 5) The agencies eligible on the basis of CIDCO’s registration & having fixed

EMD with CIDCO will have to enclose the valid EMD exemption certificate in appropriate amount issued by CIDCO. In case the bidder who have fixed EMD for an amount less than required EMD, will have to pay the balance amount of EMD. In remaining cases the eligible bidders has to pay full EMD, as prescribed in the Bid Document.

6) Bid price money of ` 12,600/- (including 5% VAT (non-refundable)) will be accepted by Demand Draft only, drawn in favour of “CIDCO LTD”, payable at Mumbai / Navi Mumbai and scanned copy of the Demand Draft shall be uploaded before purchase of Bid.

7) For further details regarding the above, contact Executive Engineer (KHR-III), CIDCO Ltd., 1st Floor, CIDCO Nodal Office, Sector – 4, Kharghar, Navi Mumbai. Cell No.9860500340 / 9820037112 / 9768048253 / 9820926428.

8) For any details regarding e-Tendering system in CIDCO, please contact service provider M/s. Sify NexTenders (India) Pvt. Ltd. Mob. No.: 9167969614.

website – www.nextenders.com , https:\\cidco.maharashtra.etenders.in 9) Bidders are required to pay necessary charges to the service provider M/s.

Sify Nex Tenders (India) Pvt. Ltd., separately for uploading the Bid Document.

10) Bidders are also required to upload online the tabular format enclosed with Bid, for eligibility criteria duly filled in and signed along with other documents for scrutiny.

Chief Engineer (South) CIDCO Limited.

http://www.nextenders.com/�




BIDDING PROGRAMME

Name of Work : Providing Interior works for Auditorium of Gram Vikas Bhavan on Plot No. 76-A in Sector – 21 at Kharghar, Navi Mumbai. (3rd Call)

C.A.NO.03/CIDCO/SE(KHR-I)/EE(KHR-III)/2013-14

Sr.No.

CIDCO Stage Vendor Stage Start Date & Time (dd.mm.yy/hh:mm)

Expiry Date & Time (dd.mm.yy/hh:mm)

1 Main Bid Preparation & Release

25.04.2014/10.00 Hrs. 28.04.2014/17.00 Hrs.

2 Main Bid Document Purchase & Download

28.04.2014/17.01 Hrs. 06.05.2014/17.00 Hrs.

Date of Receipt of Queries from Bidders

06.05.2014/17.01 Hrs. 10.05.2014/17.00 Hrs.

Reply to Queries 15.05.2014/17.00 Hrs. 3 Complete Bid

Preparation Schedule ‘A’ for Handover online

15.05.2014/17.01 Hrs. 19.05.2014/17.00 Hrs.

4 Close New Entries (Technical)

19.05.2014/17.01 Hrs. 20.05.2014/17.00 Hrs.

5 Close New Entries (Financial)

19.05.2014/17.01 Hrs. 20.05.2014/17.00 Hrs.

6 Handover online the Prepared Bid Documents

20.05.2014/17.01 Hrs. 23.05.2014/17.00 Hrs.

7 Opening & scrutiny of Original Documents

23.05.2014/17.01 Hrs. 29.05.2014/17.00 Hrs.

8 Financial Bid Opening 30.05.2014/10.01 Hrs. 30.05.2014/17.00 Hrs.

1) Submission of original Demand Draft towards cost of Bid document, original EMD documents (Demand Draft / Bank Guarantee) and undertaking for submission of Bid on 22.05.2014 during office hours in the office of Executive Engineer (KHR-III) / Superintending Engineer (KHR) CIDCO Ltd., 1st Floor, CIDCO Nodal Office, Sector – 4, Kharghar, Navi Mumbai / Superintending Engineer (HQ), CIDCO Ltd., 3rd Floor, CIDCO Bhavan, CBD-Belapur, Navi Mumbai.

2) Bidder may attend financial bid opening as mentioned above. No separate intimation will be given regarding Bid opening.

3) Online pre-Bid queries should be uploaded on both e-mail I.D. [email protected] and [email protected] and the reply to these queries will be given as per time mentioned in Bidding Programme.


mailto:[email protected]�

mailto:[email protected]�




NOTICE OF BID AND

INSTRUCTIONS TO BIDDERS

Name of Work : Providing Interior works for Auditorium of Gram Vikas Bhavan on Plot No. 76-A in Sector – 21 at Kharghar, Navi Mumbai. (3rd Call)

1.0 BID DOCUMENTS

1.1 The Bidder should attach scanned copies of attested documents in PDF

format for “ON-LINE” submission.

2.0 BID PRICE AMOUNT

Bidders are required to submit the Bid price amount of ` 12,600/-

(Rupees Twelve Thousand Six Hundred only) (including 5% VAT

(Non-Refundable)) by way of separate demand draft drawn in favour of

“CIDCO Ltd.” payable at Mumbai / Navi Mumbai and the same should

necessarily be scanned and uploaded in PDF format for downloading the

on-line Bid document.

3.0 EARNEST MONEY

The Bidder shall deposit and keep deposited (for the period specified

hereafter) with CIDCO a sum as shown in this Notice Inviting Bid as the

Earnest money. The Earnest Money shall be deposited in one of the

following forms.

(i) By Demand draft in favour of CIDCO Limited payable at Mumbai /

Navi Mumbai.

(ii) By an irrevocable and unconditional Bank Guarantee executed by a

Nationalised/Scheduled Bank located either in Mumbai or Navi

Mumbai in the form prescribed and valid for 180 days from the last

date prescribed for submission of Bid.




E.M.D. in the form of irrevocable, unconditional Bank Guarantee will be

accepted only if, E.M.D. amount payable is equal or more than ` 1.00 lac

i.e. in the cases where estimated cost put to Bid is equal or more than `

100.00 lacs.

FIXED EMD : The agencies who are eligible to quote the Bids based on

CIDCO Registration and availing the facility of EMD Exemption by

depositing requisite amount with CIDCO Ltd., are required to pay the

difference in amount of EMD fixed for the present Bid and amount

already deposited with CIDCO Ltd., for availing the facility of EMD

exemption. The Bidder shall upload the same and also submit attested

copy of valid EMD exemption certificate issued by Executive Engineer

(NM), CIDCO Ltd. to the Bid issuing authority prior to opening of

financial bids.

The Bidders who are eligible for issuance of Bid document on the basis of

registration other than CIDCO registration, shall not be eligible for

availing the facility of EMD Exemption and shall pay full EMD amount.

3.1 The failure or omission to deposit or keep deposited the Earnest Money

shall disqualify the Bidder for this Bid.

3.2 No interest shall be payable by CIDCO in respect of such deposited

Earnest Money.

3.3 The Earnest Money of an unsuccessful Bidder shall be refunded after the

final decision on the Bids or on expiry of the validity period whichever is

earlier on presenting receipt thereof.




3.4 a) Invitation by CIDCO to submit the on-line Bid shall be a proposal and

the on-line submission of a Bid by the Bidder shall be an acceptance of

such proposal to win the contract. The Bidder shall not revoke his

offer or vary terms and conditions of Bid without the consent of

CIDCO during the period of 120 days counted from the last day

appointed by CIDCO for submission of on-line Bids. If the Bidder

revokes his offer or varies terms or conditions of Bid contrary to his

promise to abide by this condition, the Earnest Money Deposited by

him shall stand forfeited to CIDCO without prejudice to its other rights

and remedies. Without prejudice to the foregoing clause, the Bidder

shall be disentitled to submit a Bid to CIDCO for execution of any

civil work for a period as may be decided by Chief Engineer (South)

effective from the date of such revocation or variations of the terms

and conditions of the Bid.

b) The authorized signatory of the lowest Bidder shall duly sign with their

company seal on each page of the hard copy of the Bid documents

prepared, within 7 (seven) working days after issue of Letter of

Acceptance (LOA).

3.5 If CIDCO accepts the Bid and signify such acceptance to the Bidder, the

earnest Money so deposited with CIDCO by Demand Draft shall be

adjusted appropriately towards Performance Security payable by the

contractor in accordance with Condition No.10.1 of the General

Conditions of Contract.

3.6 If the Bidder has deposited the Earnest Money by a Bank Guarantee and

he has been communicated the acceptance of his Bid by CIDCO and if he

fails or omits to furnish the Contract Deposit within 15 days in accordance




with condition No.10.1.1 of the General Conditions of Contract, CIDCO

shall be entitled to encash the Bank Guarantee.

3.7 In case of the successful Bidder, on payment of the required amount of the

Contract Deposit, the Earnest Money Deposited in the form of Bank

Guarantee/Demand Draft/pay order shall be refundable to the successful

Bidder in the event of CIDCO deciding the award of the contract.

3.8 The E.M.D. of the successful Bidder shall be forfeited if :

3.8.1 The E.M.D. of the successful Bidder shall be forfeited if he

withdraws/revokes his offer or modifies/changes the same during the

validity of the Bid, or if after the acceptance of his Bid, the contractor fails

or neglects to furnish the balance Contract Deposit within 15 days.

3.8.2 The E.M.D. of the successful Bidder shall be entitled for forfeiture if he

fails to execute contract agreement within 30 days from the date of issue

of Letter of Acceptance.

3.9 The Bidders may also be dis-qualified for Bidding for further works in

CIDCO as provided in foregoing Clause No.3.4 on Sl.Pg.No.10.

4.0 INTERPRETATION OF CONDITIONS OF CONTRACT

The Bidder shall be deemed to have studied all plans, specifications, terms

and conditions of Bid and visited the site of work and made himself

acquainted with the site conditions, availability of labour, basic materials,

water, electricity, approach road to the site etc., before on-line submission

of Bid, whether the Bidder inspects them or not.




The Bidder shall be deemed to have made independent enquiries about

probable taxes leviable by the local civic authority or the Government. The

ignorance about probable taxes to be paid either to the local civic authority

or to the government shall not be considered as an excuse. The percentage

quoted by Bidder shall be deemed to include all the taxes, octroi, duties,

royalties etc., payable under the rules to local civic authority, and/or

Government/Statutory body.

On-line submission of Bid implies that Bidder has read these conditions

and other contract documents of the Bid as well as the conditions of the

Bid and has made himself aware of the same as also about the conditions

and other factors having bearing on the execution of the order.

In case of difference of opinion or dispute regarding the interpretation of

Bid conditions, if any, the interpretation of the conditions by Chief

Engineer (South) of CIDCO Limited shall be final and binding on the

Bidder.

5.0 MAIN BID DOCUMENT

Main Bid document shall be downloaded from the CIDCO website. Any

other queries can be uploaded online as per the Bidding programme.

Right to issue Bid documents is reserved with CIDCO.

6.0 METHOD OF SUBMISSION OF BID

The complete Bid submission, “ON-LINE” on the website

cidco.maharashtra.etenders.in, can be made only after payment of

requisite fees through payment gateway of the service provider by pre-

qualified Bidders.




6.1 Bid should be submitted on-line through website http://cidco.maharashtra.

etenders.in only.

The scanned copy of the valid E.M.D. documents of appropriate amount in

PDF format shall be uploaded along with submission of on-line Bid.

Original Demand Draft towards cost of Bid document (Bid Price

Amount), original EMD documents (Demand Draft / Bank

Guarantee) and undertaking while submission of Bid shall be

submitted in sealed Envelope as prescribed in Bidding programme.

Financial bid will not be opened if the above documents are not

submitted as stipulated in Bidding Programme. In no case the Bid

price amount should be clubbed with E.M.D. amount.

6.2 Late Bid offers : Bidder’s grievance / complaint on account of non-

submission of Bid due to problem in internet, electricity or any other

reason will not be considered.

7.0 METHOD OF OPENING OF BID

On the date and time specified in the Bid programme, the Bids will be

opened in the presence of Bidders / their representative through e-

Tendering procedure at SAP Office, 6th Floor, CIDCO Bhavan, CBD-

Belapur, Navi Mumbai.

8.0 VALIDITY OF BID

Validity of the Bid shall be 120 days from the specified date of receipt of

Bid by CIDCO and there after until it is withdrawn by notice in writing

duly addressed to the authority opening the Bid. Such withdrawal by




Bidder will be effective from the date of receipt of notice by the Bid

opening authority.

9.0 IMPORTANT POINTS TO BE NOTED BY THE BIDDER

a] The on-line submission of Bid document should be done on website by

the eligible contractors as per Bid programme. The Bidder has to

quote only the percentage in figures. The percentage in words as also

the total quoted amount in figures is worked out automatically on the

web page.

b] The price-bid (percentage) shall be inclusive of all taxes, octroi, levies,

duties etc. to be paid by the Bidder for the work and claim for extra

payment on any such account shall not be entertained.

c] Bidder shall deemed to have studied all plans, specifications, terms &

conditions of contract and made himself/themselves acquainted with

the site condition and availability of materials, power supply, water

supply etc. before submitting the Bid.

d] At any time prior to the deadline for sale of Bid, the Employer may

amend the Bid documents by issuing Corrigendum.

e) Any corrigendum as well as clarification thus issued shall be a part of

the Bid documents and it will be assumed that the information

contained in the amendment have been taken into account by the

Bidder while submitting the Bid.

f) To give prospective Bidders reasonable time in which to take the

amendment into account in preparing their Bids, the Employer shall

extend, at its discretion, the deadline for submission of Bids, in which

case, the Employer will notify all Bidders by placing it on website of

the extended deadline and the same will be binding on them.




g] The Employer is not bound to accept the lowest or any Bid. The

Employer reserves the right to reject any or all Bids received without

assigning any reasons whatsoever.

h] This detailed Notice Inviting Bid shall form part of Bid documents.

i] Income Tax as applicable on gross bill at percentage that will be in

force from time to time will be recovered from the contractor’s bills

and all payment including advances.

10.0 ACCEPTANCE OF BID

Acceptance of Bid on behalf of the Employer shall be done by an officer

to whom the powers are delegated by the Employer.

11.0 EXECUTION OF CONTRACT AGREEMENT

The successful Bidder is required to execute a contract agreement in

duplicate in the proforma attached with the Bid documents on stamp paper

of ` 100/-. The contract agreement shall be signed within 30 days from

the date of acceptance of the Bid.

12.0 The successful Bidder will be required to produce a valid contract labour

license issued in his favour under the provision of the contract labour

(Regulation and Abolition) Act, 1970, before starting the work. On failure

to do so, the acceptance of the Bid is liable to be withdrawn and also the

earnest money is liable to be forfeited.

13.0 The Contractor shall pay the Contract Sales Tax and turnover tax etc.

directly to the Government. CIDCO shall not take any responsibility for

any kind of tax payment to the Government at any point of time.

14.0 Under Inter-state Migrant Workmen Act and /or Contract Labour Act, the

Contractor should obtain requisite license / registration Certificate under

the Act while engaging the migrant labour from other State.




15.0 Contractors quoting for the work in NMMC area must have valid

NMMC Registration Certificate under Cess Act.

16.0 SPLITTING OF WORK

CIDCO reserves the right to suitably increase/reduce the scope of work

put to this Bid. The right to split up the work in two or more parts is

reserved by the Employer and also the right to award the work to more

than one agency is reserved. The contractor shall have no claims

whatsoever on this account.

17.0 The Bidder shall furnish truly & faithfully the foregoing information by an

Affidavit on a Non-Judicial stamp paper of ` 100/-. “ If any information

so furnished is found untrue or false, the Bid shall be liable to be

dis-qualified and the Earnest Money / Performance Security as the case

may be accompanying such Bid shall stand forfeited to CIDCO. Further, if

the information so furnished shall be found to untrue or false during

the currency of the contract, the Bidder shall be held to be in default and

the contract if any awarded to him shall be liable to be terminated with its

consequences”.

18.0 Notice of Bid and these instructions to the Bidders shall form part of the

contract.
