Inviting Tenders for Design, Supply, Erection and Commissioning of Racking System for Temperature Controlled Warehouse Mumbai at BALMER- LAWRIEin & Raigarh CO. LTD. Inviting Tenders for Design, Supply, Erection and Commissioning of Patalganga District, Maharashtra (A GOVERNMENT ENTERPRISE) OF Balmer Lawrie & Co. INDIA Racking System for Temperature Controlled Warehouse Mumbai at Patalganga in Raigarh District, Maharashtra Page 1 Inviting Tenders for Design, Supply, Erection and Commissioning of Racking System for Temperature Controlled Warehouse Mumbai at Patalganga in Raigarh District, Maharashtra Reference Number: BL/LI/CC/MUM/27 dated 14/08/2015 Tender Document Schedule and Address S. No. Particulars Description 1 Name of Project Construction of Temperature Controlled Warehouse Mumbai at Patalganga in Raigarh District Maharashtra 2 Scope of Work Design, Supply, Erection and Commissioning of Double Deep Racking system. 2 Tender reference number BL/LI/CC/MUM/27 3 Date of Publishing of Tender 14/08/2015 document on the website 4 Last date and time of 20/08/2015 17:30 receiving applicants’ clarifications in writing 5 Last date and time for 07/09/2015 18:00 submission of Tender 6 Date and time of Tender 08/09/2015 11:00 Opening 7 Place of Tender submission& Balmer Lawrie & Co. Ltd., 21, Netaji Subhas Road, Kolkata opening of Tender 8 Name and 700001 address communication 9 Contact Person for Snehal Piyush, Balmer Lawrie & Co. Ltd., 21, Netaji Subhas Road, Kolkata 700001, 9748343969 for Technical Clarifications any Rakesh Choudhary, Email ID – Choudhary.rr@balmerlawrie.com Contact No. 9866400155 Balmer Lawrie & Co. Page 2 Inviting Tenders for Design, Supply, Erection and Commissioning of Racking System for Temperature Controlled Warehouse Mumbai at Patalganga in Raigarh District, Maharashtra NOTICE INVITING TENDERS (a) Tender Reference Number : BL/LI/CC/MUM/27 (b) Name of Work : Design, Supply, Erection and Commissioning of Double Deep Racking System for Temperature Controlled Warehouse Mumbai (c) Earnest Money Deposit : Rs. 55,000.00 (d) Last Date and Time for E- Tendering : 07/09/2015 18:00 (e) Date and Time of : a. Technical Bid Opening (f) Place of Submission of Hard Copies : 08/09/2015 11:00 : Balmer Lawrie & Co. Ltd., 21, Netaji Subhas Road, Kolkata - 700001 (g) Contact Person a. Technical Clarifications : Rakesh Choudhary – 9866400155 b. Correspondence : Snehal Piyush–9748343969 NOTICE INVITING TENDER M/s. ………... ……………… ……………… ……………… Dear Sir, Balmer Lawrie & Co. Page 3 Inviting Tenders for Design, Supply, Erection and Commissioning of Racking System for Temperature Controlled Warehouse Mumbai at Patalganga in Raigarh District, Maharashtra Online tenders are invited for above mentioned job at Maharashtra Industrial Development Corporation, Plot No. F9/5 Additional Patalganga Industrial Area, MIDC, Raigarh District, Maharashtra through our e-Procurement portal https://balmerlawrie.eproc.in also available at our web site www.balmerlawrie.com. Registration on e-procurement portal For Registration, Online Bid submission and any trouble in accessing Balmer Lawrie e-procurement portal, please contact Help Desk of C1 India which is available during business hours (10.00 AM to 06.30 PM) from Monday to Friday (Excluding official holidays) Tuhin Ghosh Ritabrata Chakraborty Ujjal Mitra Rajesh Kumar Tuhin.ghosh@c1india.com ritabrata.chakraborty@c1india.com ujjal.mitra@c1india.com rajesh.kumar@c1india.com +91- 8981165071 +91-86979 10411 +91-77026 69806Es +91-96504 65143 Digital Certificate authentication The bidder shall authenticate the bid with his Digital Certificate for submitting the bid electronically on e-procurement platform and the bids not authenticated by digital certificate of the bidder will not be accepted on the e-procurement platform. All the bidders who do not have digital certificates need to obtain Digital Certificate. Digital Certificate can also be obtained through help desk of C1 India Pvt. Ltd. Tender documents/ submission Tender Documents comprise viz. Part- I: General Conditions of Contract, Part-II: Special Conditions of Contract, Part-III: Technical Specifications, Part-IV: Drawings, The bidders have to submit their bids on-line latest by 18.00 hours on 07/09/2014. Contact person For Technical Matters :- For any technical clarification / queries you may please contact Mr. Rakesh Choudhary, Project Leader (Cold Chain) Mob – 9866400155, email – choudhary.rr@balmerlawrie.com For any other Matters: - Mr. Snehal Piyush, Senior Manager (Cold Chain), 21 Netaji Subhas Road, Kolkata 700001, Mob – 09748343969, email – piyush.s@balmerlawrie.com Balmer Lawrie & Co. Page 4 Inviting Tenders for Design, Supply, Erection and Commissioning of Racking System for Temperature Controlled Warehouse Mumbai at Patalganga in Raigarh District, Maharashtra Please acknowledge receipt and confirm your participation in this tender. Thanking You, Yours Faithfully, FOR BALMER LAWRIE & CO LTD Balmer Lawrie & Co. Page 5 Inviting Tenders for Design, Supply, Erection and Commissioning of Racking System for Temperature Controlled Warehouse Mumbai at Patalganga in Raigarh District, Maharashtra PART - 1 GENERAL TERMS OF CONTRACT Balmer Lawrie & Co. Page i Inviting Tenders for Design, Supply, Erection and Commissioning of Racking System for Temperature Controlled Warehouse Mumbai at Patalganga in Raigarh District, Maharashtra INDEX Contents Page No. 1. INTERPRETATIONS :..........................................................................................................................................1 2. SCOPE OF CONTRACT .......................................................................................................................................3 3. SUFFICIENCY OF TENDER ..................................................................................................................................3 4. SUBMISSION OF HARD COPIES ......................................................................... Error! Bookmark not defined. 5. DEACTIVATION OF BIDDERS.............................................................................................................................4 6. VALIDITY OF OFFER ..........................................................................................................................................5 7. NON-CONFORMANCE ....................................................................................... Error! Bookmark not defined. 8. DRAWINGS AND SPECIFICATIONS ...................................................................................................................5 9. CONTRACTOR TO PROVIDE EVERYTHING NECESSARY ....................................................................................5 10. AUTHORITIES, NOTICES, PATENTS, RIGHTS & ROYALTIES: .............................................................................6 11. MATERIALS AND WORKMANSHIP TO CONFORM TO DESCRIPTION : ............................................................6 12. THE SETTING OUT AND STRUCTURAL ALIGNMENT : .....................................................................................6 13. REMOVAL OF ALL OFFENSIVE MATTERS:.........................................................................................................6 14. OPENING UP WORKS:.......................................................................................................................................7 15. CONTRACTOR’S SUPERINTENDENCE & REPRESENTATIVE ON WORKS ..........................................................7 16. DISMISSAL OF WORKMEN: ..............................................................................................................................7 Balmer Lawrie & Co. Page ii Inviting Tenders for Design, Supply, Erection and Commissioning of Racking System for Temperature Controlled Warehouse Mumbai at Patalganga in Raigarh District, Maharashtra 17. ACCESS TO WORKS: ..........................................................................................................................................7 18. ASSIGNMENT OR SUB-LETTING:......................................................................................................................7 19. APPROVAL OF SUPPLIERS.................................................................................................................................8 20. VARIATIONS NOT TO VITIATE CONTRACT: .....................................................................................................8 21. MEASUREMENT OF WORKS: ............................................................................................................................8 22. SITE VISITS ........................................................................................................................................................8 23. INDIAN STANDARDS CODE...............................................................................................................................8 24. UNFIXED MATERIALS : .....................................................................................................................................9 25. REMOVAL OF IMPROPER WORK AND MATERIALS : .......................................................................................9 26. WORK AT NIGHT: ..............................................................................................................................................9 27. WORKING HRS AND WORK ON HOLIDAY: .......................................................................................................9 28. EXTRA ITEMS DEVIATIONS: ..............................................................................................................................9 29. INDEPENDENT CONTRACTOR.........................................................................................................................10 31. DISPLAY OF NOTICES ......................................................................................................................................10 32. CERTIFICATE OF VIRTUAL COMPLETION OF WORKS : .................................................................................10 33. OTHER PERSONS ENGAGED BY THE EMPLOYER : ..........................................................................................10 34. INSURANCE CONTRACT CONDITIONS CONTRACTOR’S LIABILITY AND INSURANCE ....................................11 35. TO DEFINE TERMS AND EXPLAIN PLANS : .....................................................................................................12 36. DATE OF COMPLETION .................................................................................................................................12 Balmer Lawrie & Co. Page iii Inviting Tenders for Design, Supply, Erection and Commissioning of Racking System for Temperature Controlled Warehouse Mumbai at Patalganga in Raigarh District, Maharashtra 37. SUSPENSION OF WORKS ...............................................................................................................................12 38. NOTICES : ........................................................................................................................................................13 39. TERMINATION OF CONTRACT BY THE EMPLOYER : ......................................................................................13 40. FORECLOSURE OF CONTRACT IN FULL OR IN PART : .....................................................................................15 41. NOTICE TO LOCAL BODIES:.............................................................................................................................16 42. TECHNICAL CLARIFICATIONS AND DRAWINGS:.............................................................................................16 43. TYPOGRAPHICAL OR CLERICAL ERRORS ........................................................................................................16 44. WAGES OF LABOUR EMPLOYED BY THE CONTRACTOR ................................................................................16 Balmer Lawrie & Co. Page iv Inviting Tenders for Design, Supply, Erection and Commissioning of Racking System for Temperature Controlled Warehouse Mumbai at Patalganga in Raigarh District, Maharashtra GENERAL CONDITIONS OF CONTRACT 1. INTERPRETATIONS : In construing these conditions and the technical specifications, the following words shall have the meanings herein assigned to them except where the subject or context otherwise requires: a) “Owner”/ “EMPLOYER”/ “Client” shall mean Balmer Lawrie & Co Ltd, Kolkata, West Bengal and shall include his/their heirs, legal representatives, assignees and successors. b) “Consultants” / “Architects” shall mean an agency appointed by employer for providing Design, Specifications, Supervision and Work certification. c) “The CONTRACTOR or CONTRACTORs” shall mean the person or the persons, firm or company whose tender has been accepted by the owner and shall include his/their heirs and legal representatives and the permitted assigns. d) “Engineer” shall mean the persons employed by the Client for the said work. e) “Works or work” means the permanent or temporary work(s) described in the “Scope of work” and/or to be executed in accordance with the contract and includes materials, apparatus, equipment, temporary supports, fittings, and things of all kinds to be provided, the obligations of the contract hereunder and the work to be done by the CONTRACTOR under the contract. f) “The Site” means the premises, into or through which work is to be executed under the contract or any adjacent premises which may be allotted or used for the purpose of carrying out the contract. g) “Contract Documents” shall include the notice inviting Tenders, the General Conditions of Contract, the special conditions of contract and drawings pertaining to the work. All sections of this Contract Document are to be read together. h) “Drawings” shall mean the drawings prepared by the EMPLOYER/ Consultant and issued by the Consultant/ site Engineer and referred to in the specifications, description of items etc. and any modifications of such drawings as may be issued by the EMPLOYER/ Consultants/ site Engineer from time to time approved in writing by the Architect and such other drawings as may from time to time be furnished or approved in writing by the Architect. Balmer Lawrie & Co. Page 1 Inviting Tenders for Design, Supply, Erection and Commissioning of Racking System for Temperature Controlled Warehouse Mumbai at Patalganga in Raigarh District, Maharashtra i) “Specifications”means the specifications referred to in the tender and any modifications thereof as may be furnished or approved by the EMPLOYER / Consultant time to time. j) “Market Rate” means the rate as decided by the EMPLOYER on the recommendations of the EMPLOYER/Consultant based on the cost of materials and labour at site where the work is to be executed plus the percentage mentioned elsewhere to cover all overheads and profits. k) “Schedule(s)” referred to in these conditions mean the relevant schedule(s) annexed to the tender papers. l) “Local Controlling Authority” means the Local Municipal Authority or any other appropriate statutory authority according to whose rules and regulations a building within its jurisdiction is to be designed and approval of the drawings to be obtained. m) “Month” means calendar month. n) “Week” means seven consecutive days. o) “Day” means a calendar day beginning and ending at 00 Hrs and 24 Hrs, respectively. p) “Notice in Writing” or written notice shall mean a notice in writing, typed or printed characters, sent (unless delivered personally or otherwise) proved to have been received by registered post to the last known private or business address or registered office of the addressee and shall be deemed to have been received when in the ordinary course of post it would have been delivered. q) “Act of Insolvency” shall mean any Act of Insolvency as defined by the Presidency Towns Insolvency Act, or the Provisional Insolvency Act or any Act amending such original. r) “Virtual Completion” shall mean that the works are in the opinion of the Client are complete or fit for occupation. s) “Words” importing persons include firms and Corporations, words importing the singular only also include the plural and vice versa where the context requires. Balmer Lawrie & Co. Page 2 Inviting Tenders for Design, Supply, Erection and Commissioning of Racking System for Temperature Controlled Warehouse Mumbai at Patalganga in Raigarh District, Maharashtra t) Headings and marginal notes to these conditions shall not be deemed to form a part there of/or be taken into consideration in the interpretation or construction thereof or of the contract. 2. SCOPE OF CONTRACT Contract Documents:Contract documents shall consist of the followings, Notice Inviting Documents General Conditions of the Contract. Special Conditions of the Contract Drawings issued by the Employer before and during the progress of works Price Bid Preamble of agreements None of all these documents shall be used by the CONTRACTOR for any purpose other than for the purpose of this contract. The CONTRACTOR shall take necessary steps to ensure that all persons employed on any work in connection with this contract have noticed that the Indian Official Secrets Act 1923 (XIX OF 1923) applies to them and shall continue to apply even after the execution of such works under the contract. Works to be carried out:The CONTRACTOR shall carry out and complete the works in every respect in accordance with this Contract and with the directions of and to the satisfaction of the EMPLOYER. The Client may in absolute discretion and from time to time issue further drawings and/or written instructions, details, directions and explanations which are hereafter collectively referred to as “instructions” reflected either in the minutes or in any other forms. The EMPLOYER shall have the right to delete any item of work from the scope of contract and CONTRACTOR shall not make any extra claim on this account. 3. SUFFICIENCY OF TENDER The CONTRACTOR shall be deemed to have satisfied himself before tendering as to the correctness and sufficiency of his order for the works and of the rates prices quoted in the schedule of quantities, which rates and prices shall, except as otherwise provided, cover all his Balmer Lawrie & Co. Page 3 Inviting Tenders for Design, Supply, Erection and Commissioning of Racking System for Temperature Controlled Warehouse Mumbai at Patalganga in Raigarh District, Maharashtra obligations under the contract and all the matters and things necessary for proper completion and maintenance of the works. 4. PREQUALIFICATION CRITERIA 1) Average annual turnover of the bidder shall be minimum of Rs. 50 Lacs during last three financial years ending 31st March’2015. 2) The bidder should have successfully supplied and installed Racking Solutions height of which shall be more than10 Mtr. 3) The bidder should have executed work of the following values during last seven years ending 30th June’2015 a) 3 Jobs each of value not less than Rs. 32 Lacs or b) 2 Jobs each of value not less than Rs. 40 Lacs or c) 1 Job of value not less than Rs. 60 Lacs Copies of work orders and completion certificates from the owner or from their consultant should be enclosed as supportive documents. 4) Bidders should produce a solvency certificate not older than 6 months of Rs. 50 Lacs from any scheduled bank. 5) The bidder shall invariably furnish the original Demand Draft or Bank Guarantee as per the attached format towards EMD to the tender inviting authority before bidding so as to reach before the due date and time of the tender either personally or through courier or by post and the receipt of the same within the stipulated time shall be the responsibility of bidder. The Company shall not take any responsibility for any delay or non-receipt. 6) Bidders are required to submit a Tender Fee of Rs. 1500 in the form of DD in favour of Balmer Lawrie & Co. Ltd. payable at Kolkata. 7) Bidders must possess PF, ESI Registration the copy of the same shall be uploaded along with the technical submission. 8) Bidders must be registered for Excise, VAT and Service Tax. The copy of the same shall be require to attach in their technical submission. 9) Submission of Power of Attorney of the person who is signing the bid document. If any of the documents furnished by the bidder is found to be false/fabricated/bogus, the bidder is liable for black listing, forfeiture of the EMD, cancellation of work and criminal prosecution. The bidder is requested to get a confirmed acknowledgement from the Tender Inviting Authority as a proof of Hardcopies submission to avoid any disputes. 5. DEACTIVATION OF BIDDERS A bid may be rejected if I. If the bidder fails to submit the EMD II. If the bidder does not meet the pre-qualification and or non-submission of documents specified above. III. The deviations specified from the terms mentioned in the documents which affect Balmer Lawrie & Co. Page 4 Inviting Tenders for Design, Supply, Erection and Commissioning of Racking System for Temperature Controlled Warehouse Mumbai at Patalganga in Raigarh District, Maharashtra IV. in any way the scope, quality and performance of the work. The bids of any bidder may be rejected if a conflict of interest between the bidder and the company is detected at any stage. Above all M/s Balmer Lawrie & Co. Ltd. reserves the right to accept or reject any or every tender without assigning any reason whatsoever or to negotiate with the bidder(s) in the manner considers suitable. 6. VALIDITY OF OFFER Tenders shall keep their offer valid for acceptance for a period of 180 days from the date of opening of Techno-Commercial bid. 7. RAWINGS AND SPECIFICATIONS The work shall be carried out to the entire satisfaction of the Client and in accordance with the signed drawings, specifications, preambles and such further drawings and details as may be provided by the CONTRACTOR duly checked and verified by the Architect and the structural consultant and in accordance with such written instructions, directions and explanations as may from time to time be given by the EMPLOYER whose decisions as to sufficiency and quality of the work and materials shall be final and binding upon all parties. The drawings enclosed with the tender are only for tender purposes and it is subjected to further modifications keeping unchanged the basic dimensions. 8. CONTRACTOR TO PROVIDE EVERYTHING NECESSARY The CONTRACTOR shall provide everything necessary for the proper execution of the works according to the true intent and meaning of the Drawings and Specifications taken together whether the same may or may not be particularly shown or described therein, provided that the same can be inferred therefrom and if the CONTRACTOR finds any discrepancy in the Drawings or between the Drawings, and Technical Specifications he shall immediately refer the same in writing to the EMPLOYER, who shall decide which shall be followed, and his decision shall be final and binding on all parties. The CONTRACTOR shall supply, fix and maintain at his cost during the execution of any works, all the necessary fittings, unit assemblies, accessories, hardware, foundation bolts, terminal block for connections, cable glands and miscellaneous materials and accessories of items of work which are useful and necessary for efficient assembly and working of the equipment. The CONTRACTOR shall take down and remove any or all such material and accessories as occasion shall require or when ordered to do so, and shall fully reinstate and make good all matters and things described during the execution of the works, to the satisfaction of the EMPLOYER. Balmer Lawrie & Co. Page 5 Inviting Tenders for Design, Supply, Erection and Commissioning of Racking System for Temperature Controlled Warehouse Mumbai at Patalganga in Raigarh District, Maharashtra 9. AUTHORITIES, NOTICES, PATENTS, RIGHTS & ROYALTIES: The CONTRACTOR shall follow all the statutes relating to the works, and to the Regulations and bye-laws of any local Authority. The CONTRACTOR shall indemnify the EMPLOYER against all claims in respect of patent rights, design, trademarks of name or other protected rights in respect of any constructional plant, machine work or material used for in connection with the works or temporary works and from and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto. The CONTRACTOR shall defend all actions arising from such claims, unless he has informed the EMPLOYER before any such infringement and received their permission to proceed, and shall himself pay all royalties, license fees, damages, costs and charges of all and every sort that may be legally incurred in respect thereof. 10. MATERIALS AND WORKMANSHIP TO CONFORM TO DESCRIPTION : All materials and workmanship shall, so far as procurable, be of the respective kinds specified in the Schedule of Quantities and/or specifications and in accordance with the EMPLOYER’s instructions and the CONTRACTOR shall upon the request of the EMPLOYER furnish to them all invoices, accounts, receipts and other vouchers to prove that the materials comply therewith. The CONTRACTOR shall at his own cost arrange for and/or carry out any test of any materials which the EMPLOYER may require. 11. THE SETTING OUT AND STRUCTURAL ALIGNMENT : The CONTRACTOR shall at his own expense, set out the works accurately in accordance with the plans. The CONTRACTOR shall be solely responsible for the true and perfect setting out of the works, and for the correctness of the position, levels, dimensions and alignment or all parts thereof. If at any time any errors shall appear during the progress or on completion of any part of the work, the CONTRACTOR shall at his own cost rectify such error if called upon to the satisfaction of the EMPLOYER. The work shall from time to time be inspected by the EMPLOYER and/or his/their representatives but such inspections shall not exonerate the CONTRACTOR in any way from his obligations to remedy any defects which may be found to exist at any stage of the work or after the same is completed. 12. REMOVAL OF ALL OFFENSIVE MATTERS: All unwanted materials intentionally or unintentionally brought onto the site shall not be deposited on the surface, but shall be at disposed off suitably by the CONTRACTOR as per the rules and regulations of the Local Authorities concerned. Balmer Lawrie & Co. Page 6 Inviting Tenders for Design, Supply, Erection and Commissioning of Racking System for Temperature Controlled Warehouse Mumbai at Patalganga in Raigarh District, Maharashtra 13. OPENING UP WORKS: The CONTRACTOR shall notify the EMPLOYER in writing immediately when the initial set up of works as shown in the drawing are ready with for EMPLOYER or its any representative inspections. After notifying the EMPLOYER he shall await instructions. If the CONTRACTOR puts in any parts of the structure before he has so notified the EMPLOYER and received instructions, he shall be liable to reinstate all work that may subsequently be, at any time, damaged on account of any defect in or insufficiency. 14. CONTRACTOR’S SUPERINTENDENCE & REPRESENTATIVE ON WORKS The CONTRACTOR shall give all necessary personal superintendence during the execution of the works and as long thereafter as the EMPLOYER may consider it necessary until the expiration of the “Defects Liability Period” stated in Special Conditions of Contract. 15. DISMISSAL OF WORKMEN: The CONTRACTOR shall on the request of the EMPLOYER immediately dismiss from the works any person Employed thereon who may, in the opinion of the EMPLOYER, be unsuitable or incompetent or who may misconduct himself and such person shall not again be employed or allowed on the work without the permission of the EMPLOYER. 16. ACCESS TO WORKS: The Engineer, the EMPLOYER and any person authorized by them shall at all reasonable times have free access to the works, and to the workshops, Factories or other places where materials are being prepared or constructed for the Contract and also to any place where the materials are lying or from which they are being obtained. The CONTRACTOR shall give every facility to the Engineer and the EMPLOYER and their representative for inspection and examination and test of the materials and workmanship. 17. ASSIGNMENT OR SUB-LETTING: The work included in the Contract shall be executed by the CONTRACTOR and the CONTRACTOR shall not directly or indirectly transfer, assign or underlet the Contract or any part share thereof or interest therein, nor shall be take a new partner. If the CONTRACTOR is doing the same then the EMPLOYER is not liable for CONTRACTOR’s sub-CONTRACTOR obligations in any matter what so ever. Balmer Lawrie & Co. Page 7 Inviting Tenders for Design, Supply, Erection and Commissioning of Racking System for Temperature Controlled Warehouse Mumbai at Patalganga in Raigarh District, Maharashtra 18. APPROVAL OF SUPPLIERS For all supplies, the names of manufacturers/brands have to be got approved by the EMPLOYER after getting the respective samples first approved by the EMPLOYER as the case may be. All materials will be of tested quality and as per relevant Indian Standards. In addition to the Test Certificates, if any mandatory tests required to be conducted then the same shall be done from an approved laboratory at the cost of the CONTRACTOR. 19. VARIATIONS NOT TO VITIATE CONTRACT: The CONTRACTOR shall when directed in writing by the EMPLOYER to omit from or vary any works shown upon the drawings or described in the specifications, carry out such directions but the CONTRACTOR shall not make any alterations in the provisions of the Contract without such authorization or direction in writing from the EMPLOYER. No claim for an extra shall be allowed unless it shall have been executed by the written authority of the EMPLOYER as herein mentioned. Any such extra is hereinafter referred to as an authorized extra. No variation, i.e. additions, omissions or substitutions shall vitiate the Contract. 20. MEASUREMENT OF WORKS: The EMPLOYER may from time to time intimate the CONTRACTOR that he requires the works to be measured and the CONTRACTOR shall forthwith attend or send a qualified representative to assist the EMPLOYER’s representative in taking such measurements and calculations and to furnish all particulars or give all assistance required by either of them. Should the CONTRACTOR omit to attend or neglect or omit to send such representative, then the measurements taken by the EMPLOYER or approved by him shall be taken to be the correct measurements. Measurements will also be checked/test checked by the EMPLOYER, for each trade, and for this the CONTRACTOR has to render all necessary assistance and co-operation. The CONTRACTOR or his representative may at the time of measurement take such notes and measurements as he may require. 21. SITE VISITS / FACTORY VISITS The representative of the EMPLOYER shall visit the site/Factory from time to time at their discretion, or when expressly called upon to do so, to co-ordinate various activities and, or to answer such queries that may be posted at site on architectural drawings/ for inspection of materials. 22. INDIAN STANDARD CODE Balmer Lawrie & Co. Page 8 Inviting Tenders for Design, Supply, Erection and Commissioning of Racking System for Temperature Controlled Warehouse Mumbai at Patalganga in Raigarh District, Maharashtra The relevant I.S. Code of Practice shall be the latest version with its amendments/revisions and should be available to EMPLOYER when required. 23. UNFIXED MATERIALS : When any materials intended for the works shall have been placed at site by the CONTRACTOR, such materials shall not be removed therefrom (except for the purpose of being used on the works) without the written authority of the EMPLOYER and when the CONTRACTOR shall have received payment in respect of any Certificate in which the EMPLOYER shall have stated that he has taken into account the value of such unfixed materials on the works, such materials shall become the property of the EMPLOYER, and the CONTRACTOR shall be liable for any loss or damage to any such materials. 24. REMOVAL OF IMPROPER WORK AND MATERIALS : The Client, during the progress of the works, have power to order in writing from time to time the removal from the works, within such reasonable time as may be specified in the order, of any materials which, in the opinion of the EMPLOYER are not in accordance with the specifications or the instructions of the EMPLOYER and the substitution of proper materials and the removal and proper re-execution of any work, which has been executed with materials or workmanship, not in accordance with the Drawings and Specifications or instructions, and the CONTRACTOR shall forthwith carry out such order at his own cost. 25. WORK AT NIGHT: If the CONTRACTOR is required to work at night in order to complete the work within the Time Schedule, the CONTRACTOR shall provide and maintain at his own cost sufficient lights to enable the work to proceed satisfactorily without danger. Approaches to the site also shall be sufficiently lighted by the CONTRACTOR. No extra payments will be made for night work. Prior intimation and approval should also be taken from EMPLOYER. 26. WORKING HRS AND WORK ON HOLIDAY: For Timely completion of project, CONTRACTOR is required to deploy more labour and fluent material supply as required on site as directly by EMPLOYER. The normal working hours shall be as per the local labour laws regulations. Permission for working beyond normal working hours may be granted by EMPLOYER based on written request by CONTRACTOR, provided CONTRACTOR complied all the statutory requirements and applicable labour laws. 27. EXTRA ITEM DEVIATIONS: Balmer Lawrie & Co. Page 9 Inviting Tenders for Design, Supply, Erection and Commissioning of Racking System for Temperature Controlled Warehouse Mumbai at Patalganga in Raigarh District, Maharashtra The CONTRACTOR shall not commence work in respect of any extra item/deviations without obtaining the approval of the EMPLOYER in writing. The CONTRACTOR shall immediately submit the rate analysis for such item with necessary details to support the rate quoted. The rate shall then be settled and approved by the EMPLOYER and necessary certificate based on this shall be given to EMPLOYER while incorporating the item in the Interim bills. 28. INDEPENDENT CONTRACTOR The CONTRACTOR agrees to perform this Contract as an independent CONTRACTOR and not as a sub-CONTRACTOR, agent or Employee of the EMPLOYER. 29. CO-ORDINATION AND SUPPORT BY THE CONTRACTOR When in the opinion of the EMPLOYER, facilities provided as above have to be shifted and relocated in the interest of progress of work/to facilitate other agencies works the CONTRACTOR shall immediately comply with the EMPLOYER’s instruction and arrange to shift the above facilities as directed. Failure of the CONTRACTOR to comply with the EMPLOYER’s instruction within the specified time shall empower the EMPLOYER to arrange to get this shifting done through other agencies at the risk and cost of the CONTRACTOR. 30. DISPLAY OF NOTICES The CONTRACTOR shall display permission licenses, registration certificates and other statements required to be displayed under various labour laws and other legislation applicable to the works at the site office and also maintain the requisite register/records actually and upto date and keep them ready for inspection by the concerned authorities and also make available the same to the EMPLOYER for inspection. 31. CERTIFICATE OF VIRTUAL COMPLETION OF WORKS : The CONTRACTOR shall report in writing to the EMPLOYER, in the form of a Certificate as and when the works are completed in all respects. The EMPLOYER shall after the verification of the works issue to the CONTRACTOR a certificate to be called “Virtual Completion Certificate”, a copy whereof shall be withheld with the EMPLOYER to enable it to take possession of the completed works. The defects liability period shall commence only from the date of issue of such certificate. 32. OTHER PERSONS ENGAGED BY THE EMPLOYER : The EMPLOYER reserves the right to use the premises and any portion of the site for the execution of any work not included in this Contract which he may desire to have carried out by Balmer Lawrie & Co. Page 10 Inviting Tenders for Design, Supply, Erection and Commissioning of Racking System for Temperature Controlled Warehouse Mumbai at Patalganga in Raigarh District, Maharashtra other persons, and if required the CONTRACTOR is to co-ordinate and provide support for the execution of such work as per the instruction of EMPLOYER.CONTRACTOR shall not be responsible for any damage or delay which may happen to or be occasioned by such work. 33. INSURANCE CONTRACT CONDITIONSCONTRACTOR’S LIABILITY AND INSURANCE a) From commencement to completion of works, the CONTRACTOR shall take full responsibility for the care of the work, material and manpower and for taking precautions to prevent loss or damage to the work, material and manpower to the maximum extent possible and shall be liable for any damage or loss that may arise to the works or any part thereof from any cause whatsoever including causes of theft, lightning explosion, earthquake, storm, hurricane, floods, inundation, subsidence, landslides, rock slides, riots (excluding civil war, rebellion, revolution and insurrection) or any latent defect and shall at his own cost repair and make good the same so that at all times the work shall be in good order and condition and in conformity in every respect with the requirements of the Contract. Explanation: For the purpose of this condition, the expression from the commencement to completion of work shall mean the time commencing from the issue of the Work Order to the CONTRACTOR and ending with the expiry of defects liability period provided in the Agreement. b) Before commencing the work, the CONTRACTOR shall without limiting his obligations and responsibilities under this condition, insure against any loss of life or injury to any personnel in the employment of CONTRACTOR/sub-CONTRACTOR/nominated sub-CONTRACTOR. For this purpose, an insurance shall be taken by the CONTRACTOR/Sub-CONTRACTOR. Such an insurance shall be taken to include both employees/workmen covered by the Workman’s Compensation Act, 1923, as well those employees/workmen not covered by the said Act. Separate insurance policies may be taken for employees/workmen covered by Workman’s Compensation Act 1923, and employees workmen not covered by the said Act. All the premium shall be paid by the CONTRACTOR. Policy/Policies taken under this para for the personnel in employment with the CONTRACTOR/sub-CONTRACTOR may be in their EMPLOYER’s names of the CONTRACTOR/sub-CONTRACTOR/nominated sub-CONTRACTORs c) The CONTRACTOR shall at all times indemnify and keep indemnified the EMPLOYER against all losses and claims for injuries or damage to any person or any property whatsoever which may arise out of or in consequence of the construction and maintenance of the work and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect of or in relation thereto. Balmer Lawrie & Co. Page 11 Inviting Tenders for Design, Supply, Erection and Commissioning of Racking System for Temperature Controlled Warehouse Mumbai at Patalganga in Raigarh District, Maharashtra d) The CONTRACTOR shall provide the EMPLOYER with documentary evidence from time to time, that he has taken all the insurance policies mentioned in the foregoing paragraphs and that he has paid the necessary premium for keeping the policies valid till the works are completed and handed over to EMPLOYER. e) The client shall ensure the validity of the insurance policies. The CONTRACTORs shall hand over the insurance policies to the clients. Once delays are noted in execution by the EMPLOYER/ CONTRACTOR, the CONTRACTOR shall have to ensure that the insurance Policies are progressively extended. In other words, it is the responsibility of the Contractor to keep all relevant policies “live and active” including for any extended period for completion of the work and defect liability period. 34. TO DEFINE TERMS AND EXPLAIN PLANS : The various parts of the Contract are intended to be complementary to one another, but should any discrepancy appear, or any misunderstanding arise as to the import of anything contained therein, the explanations of the EMPLOYER shall be final and binding. The correction or any errors or omissions of the Drawings and Specifications may be made by the Engineer/ Architect, when such correction is necessary to bring out clearly the intention which is indicated by a reasonable interpretation of the drawings and specifications as a whole. 35. DATE OF COMPLETION On receiving the work order the CONTRACTOR shall thereupon and forthwith begin the works as stipulated in the completion period and shall start furnishing the details as stipulated in the schedule of works subject nevertheless, to the provisions for extension of time hereinafter contained. 36. SUSPENSION OF WORKS The CONTRACTOR shall, on receipt of the order in writing of the EMPLOYER suspend the progress of works or any part thereof for such time and in such manner as the EMPLOYER / Consultant may consider necessary so as not to cause any damage or injury to the work already done or endanger the safety thereof for any of the following reasons. (a) On account any default on the part of the CONTRACTOR, or (b) For proper execution of the works or part thereof for reasons other than the default of the CONTRACTOR, or (c) For Safety of the works or part thereof. Balmer Lawrie & Co. Page 12 Inviting Tenders for Design, Supply, Erection and Commissioning of Racking System for Temperature Controlled Warehouse Mumbai at Patalganga in Raigarh District, Maharashtra The CONTRACTOR shall, during such suspension, properly protect and secure the works to the extent necessary and carry out the instructions given in that behalf by the EMPLOYER/ Consultant. Inall the above cases for suspension the CONTRACTOR shall be entitled to an extension of time equal to the period of every such suspension. No compensation shall be paid on this account. 37. NOTICES : Notices of the EMPLOYER, Architect/ Engineer to the CONTRACTOR may be served personally or by being left at or sent by registered post to the last known place of abode or business of the party. In the case of company or Corporation, Notices may be served at or sent by registered post to the registered office of the Company or Corporation. 38. TERMINATION OF CONTRACT BY THE EMPLOYER : If the Contractor being an individual or a firm commits any 'Act of Insolvency' or shall be adjudged As insolvent or being an Incorporated Company shall have an order for compulsory winding up Made against it, or pass an effective resolution for winding up voluntarily or subject to the Supervision of the Court or shall be unable to carry out and fulfill the contract and to give security Therefore, is so required by the Engineer-In-Charge. Or If the Contractor (whether an individual, firm or incorporated company) shall suffer execution to be issued. Or Shall suffer any payment under this Contract to be attached by or on behalf of any of the creditors of the Contractor. Or shall assign or charge, encumber or sublet this contract without the consent in writing of the Engineer-In-Charge first obtained. Or shall charge or encumber this contract or any payments due or which may become due to the Contractor thereunder. Or if the Engineer-In-Charge shall certify in writing that the Contractor Balmer Lawrie & Co. Page 13 Inviting Tenders for Design, Supply, Erection and Commissioning of Racking System for Temperature Controlled Warehouse Mumbai at Patalganga in Raigarh District, Maharashtra a) Has abandoned the Contract b) Has failed to commence the works, or has without any lawful excuse under these conditions, suspended the progress of the works for 14 days after receiving from the Engineer-In-Charge written notice to proceed or c) Has failed to proceed with the works with such due diligence and failed to make such due progress as would enable the works to be completed within the time agreed upon or d) Has failed to remove materials from the site or to pull down and replace work for seven days after receiving materials or work were condemned and rejected by the Engineer-InCharge under these conditions or e) Has used sub-standard or inferior material or materials not conforming to the specifications or has employed inferior workmanship in carrying out the works or part thereof or has not exercised due diligence in execution of the said work, or or Has neglected or failed persistently to observe and perform all or any of the acts, deeds, matters or things by this Contract to be observed and performed by the Contractor requiring the Owner to observe or perform the same, or f) Has to the detriment of good workmanship or in defiance of the Engineer-In-Charge's instructions to the contrary, sub-let or sub-contracted any part of the contract, or g) Has failed to comply with the Engineer-In-Charge's instructions, or h) Has in the opinion of the Engineer-In-Charge committed any breach of this Contract, then and in any of the said cases the Owner may notwithstanding any previous waiver, after giving seven days’ notice in writing to the Contractor terminate the Contract, but without hereby affecting the right of the Owner of the powers of the Engineer-In-Charge or the obligations and liabilities of the Owner in respect of work, the contract shall continue in force as fully as if the contract has not been so determined and the obligations of the Contractor in respect of work subsequently executed shall continue as if the works subsequently executed has been executed by or on behalf of the Contractor. And further, the Owner by its agents or servants shall be entitled forthwith to enter upon and take possession of the works and all plants, tools, scaffoldings, sheds, machinery, steam and other power implements, machinery equipment and materials lying upon the site or the adjoining lands or roads and use the same as its own property and to employ the same by means of its own servants and workmen in carrying on and completing the work or by Balmer Lawrie & Co. Page 14 Inviting Tenders for Design, Supply, Erection and Commissioning of Racking System for Temperature Controlled Warehouse Mumbai at Patalganga in Raigarh District, Maharashtra employing any other Contractor and the Contractor shall not in any way interrupt or do any act, matter or things to prevent, intimidate or hinder such other Contractor or other person or persons employed for completing and finishing or using the materials and plant for the work. When the works shall be completed or as soon thereafter as convenient, the Engineer-In-Charge shall give a notice in writing to the Contractor to remove his surplus materials and plant and should the Contractor fail to do so within the period of 14 days after receipt thereof by him, the Owner shall sell the same either by public auction or a private sale and shall be given credit to the Contractor for the amount realized. The Engineer-In-Charge shall thereafter ascertain and certify in writing under this hand what (if anything) shall be due or payable to the Owner, the expense or loss which the Owner shall have been put to in procuring the works to be completed and the amount, if any, owing to the Contractor and the amount which shall be so certified, shall thereupon be paid by the Owner to the Contractor and the Certificate of the Engineer-In-Charge shall be final and conclusive and binding on the parties hereto. In the event of termination under this Clause, the Owner shall not be bound by any provision of this Contract to make any further payment to the Contractor until the said works are completed. (ii) Owner shall, at any time, be entitled to determine and terminate the Contract, if in the opinion of the Owner the cessation of the Work becomes necessary owing to paucity of funds or for any other cause whatsoever, in which case the cost of approved materials at the Site at current market rates as verified and approved by Engineer-In-Charge and of the value of the Work done to date by the Contractor shall be paid for in full at the specified rate in the Contract. A notice in writing from the Engineer-In-Charge to the Contractor of such determination and termination and the reason therefore shall be the conclusive proof of the fact that the Contract has been so determined and terminated by the Owner. (iii) Should the Contract be determined under sub-clause of this clause and the Contractor claims payment to compensate expenditure incurred by him in the expectation of completing the Work, the Owner shall consider and admit such claim as are deemed fair and reasonable and are supported by the vouchers to the satisfaction of the Engineer-Incharge. The Owner’s decision on the necessity and propriety of such expenditure shall be final and conclusive and binding on the Contractor. 39. FORECLOSURE OF CONTRACT IN FULL OR IN PART : If at any time after acceptance of the tender, the EMPLOYER shall decide to abandon or reduce the scope of the works for any reasons whatsoever and hence not require the whole or any part Balmer Lawrie & Co. Page 15 Inviting Tenders for Design, Supply, Erection and Commissioning of Racking System for Temperature Controlled Warehouse Mumbai at Patalganga in Raigarh District, Maharashtra of the works to be carried out he shall inform the CONTRACTOR in writing to that effect. The CONTRACTOR shall be paid at the Contract rates full amount for works executed at site. 40. NOTICE TO LOCAL BODIES: The CONTRACTOR shall comply with and give all notices required under any law, rule, regulations, or bye-law of parliament, State Legislature or Local Authority relating to works. The CONTRACTOR shall before commencing the execution of work issue a certificate to the EMPLOYER that he has obtained all the permissions/Registrations and give all the notices as are required to be obtained or given under law particularly blasting permission, the Police permission etc. 41. TECHNICAL CLARIFICATIONS AND DRAWINGS: The successful tenderer shall state, on receiving the Letter of Intent, what drawings are yet to be issued by the Architects/ Engineer for construction purposes and what further details are required by him from the Architect/ Engineer. Silence on the part of successful tenderer in this regard will be construed to mean that he has all the information that he needs for work to take forward and for contractual purposes. Unless specifically asked for in writing, delays later claimed by the successful tenderer on account of drawing will not be construed as reason for delay in the execution of the work. Apart from clarifications sought to the EMPLOYER representative, the successful tenderer shall obtain all clarifications on the Architect’s drawings from EMPLOYER office in Kolkata. 42. TYPOGRAPHICAL OR CLERICAL ERRORS The Architect/ EMPLOYER’s clarifications regarding partially omitted particulars of typographical or clerical errors shall be final and binding on the CONTRACTOR. 43. WAGES OF LABOUR EMPLOYED BY THE CONTRACTOR The CONTRACTOR shall pay all labour employed by him at rates fixed by him at the commencement of the Contract as per the Labour Laws. Wages as applicable for the construction work as per norms stipulated for Govt. of Telangana shall be followed by the CONTRACTOR. Balmer Lawrie & Co. Page 16 Inviting Tenders for Design, Supply, Erection and Commissioning of Racking System for Temperature Controlled Warehouse Mumbai at Patalganga in Raigarh District, Maharashtra PART –II SPECIAL TERMS OF CONTRACT INDEX Contents Page No 1. PRE-QUALIFICATION CRITERIA OF THE TENDERERS .......................................................................... 1 2. SCOPE OF WORK: ........................................................................................................................... 1 Balmer Lawrie & Co. Page 17 Inviting Tenders for Design, Supply, Erection and Commissioning of Racking System for Temperature Controlled Warehouse Mumbai at Patalganga in Raigarh District, Maharashtra 3. DEFECTS AFTER COMPLETION : .............................................................................................................. 2 4. DELAY AND EXTENSION OF TIME : ........................................................................................................... 3 5. DAMAGES FOR NON-COMPLETION ......................................................................................................... 3 6. SAFETY DURING EXECUTION OF WORK:.................................................................................................. 3 7. TIME SCHEDULE: ....................................................................................................................................... 3 8. LABOUR HUTMENTS ................................................................................................................................. 4 9. PRICE VARIATION CLAUSE (PVA) ............................................................................................................. 4 10. TAXES AND DUTIES ................................................................................................................................. 4 11. SELECTION OF SUCCESSFUL BIDDER ...................................................................................................... 4 12. SETTLEMENT OF DISPUTE BY ARBITRATION.......................................................................................... 4 13. WORK TO BE CONTINUED DURING THE PENDENCY OF THE ARBITRATION ......................................... 4 14. PAYMENT TERMS ................................................................................................................................... 5 15. ADDRESS FOR SERVICE / SITE ADDRESS ................................................................................................ 5 16. INSPECTION BY THE CHIEF TECHNICAL EXAMINER (VIGILANCE) .......................................................... 5 18. WATER & POWER 6 19. SECURITY DEPOSIT: Total Security Deposit shall comprise: ................................................................... 6 Balmer Lawrie & Co. Page 18 Inviting Tenders for Design, Supply and Erection of Racking System for Temperature Controlled Warehouse at Medchal, Hyderabad 1. PRE-QUALIFICATION CRITERIA OF THE TENDERERS The invitation to bid is open to all Bidders, who qualify in the Eligibility Criteria as given below. Failure to provide the desired information and documents may lead to disqualification of the Bidder: ELIGIBILITY CRITERIA a. Average Annual financial turnover should not be less than 50.00 Lacs during the last 3 years ending 31st March’14. b. Experience of having successfully completed similar works ( Supply, Erection and Commissioning of Racking System in Cold Storage) during the last seven years as on 30th June’15 for Government Departments, PSU/PSE reputed private parties etc., Value of the job should be any of the following: i. Three similar completed works costing not less than 32 Lacs each. ii. Two similar completed work costing not less than 40 Lacs each. iii. One Similar completed work costing not less than 64 Lacs. c. Vendor must have valid registration of PF, ESI. d. Copies of PAN, ST, TAN, to be submitted along during bidding. e. If bidder is MSME registered, relevant document to be attached. f. Submission of EMD For MSME Registered vendor it is exempted but MSME exemption certificate to be furnished. g. The Bidder should not be currently blacklisted by any Govt. Department/PSE/PSU, bank / institution in India or abroad and a self-certification to be given. Balmer Lawrie may check the authenticity of the credentials provided by the party and may seek references from the customers who have been serviced by bidder. In the event of an adverse report being received or the credentials provided proves to be false, the tenderer is liable to be rejected. The party may be blacklisted forever by Balmer Lawrie in such a situation. Tender Bids not meeting of the above pre-qualification criteria shall not be opened. 2. SCOPE OF WORK: The Scope of work shall include the followings, 2.1 Designing Aspect a. The bidders shall prepare a detailed design of racking system to utilize the available space in an effective manner. The design should include all technical details and specifications. b. The bidders shall provide technical specifications for MHE (Material Handling Equipment) and Balmer Lawrie & Co. Page 1 Inviting Tenders for Design, Supply and Erection of Racking System for Temperature Controlled Warehouse at Medchal, Hyderabad pallets compatible with the racking system. c. The bidders shall indicate the load bearing and type of floor requirement for fixing racks. d. The bidder shall also co-ordinate and modify the drawings/layout upon co-ordination and consultation with suppliers of PUF insulation, refrigeration system, PEB structure, civil contractors and other agencies involved in the execution of the project. 2.2 Supply The bidder shall supply all the materials including accessories like guard rail as and where required including in ANTE Room. The scope shall also include packing, forwarding and transportation of material including loading and unloading at site, safeguarding the material at site. 2.3 Erection & Commissioning a. The scope of work shall include supply, erection and commissioning of racking system at project site. b. The successful bidders shall after erection make the racking system commissioned by undertaking the necessary loading and unloading with loads to check its sturdiness. c. The scope of work shall also include training of personnel of BL & Co. in operation of racking system and the accessories associated with it for a period of three months. d. After completion of successful commissioning the contractor shall submit the necessary documents which includes the submission of as built documents, Manual, do’s and don’ts and other technical details required for successfully running the operations in the future. e. It will be the responsibility of the Contractor to bring the required materials/items/equipment to site for the purpose of execution of this “job” and Employer will not arrange for any insurance cover for due receipt of materials at site. 2.4 Certificates The CONTRACTOR shall furnish: a) Corporate Guarantee for 20 years for structural integrity. b) Third Party Certificate (From IIT) for the design stability. 3. DEFECTS AFTER COMPLETION: Any defect or faults in the supplied and installed Racking System which may appear within the “Defects Liability Period” i.e. a period of twelve months after the Virtual Completion of the work, arising in the opinion of the EMPLOYER, be amended and made good by the CONTRACTOR at his own cost. In case if the default is repaired by the EMPLOYER due to Contractor not responding to the call of the employer to repair, it will be done so at the risk and cost of the contractor. Balmer Lawrie & Co. Page 2 Inviting Tenders for Design, Supply and Erection of Racking System for Temperature Controlled Warehouse at Medchal, Hyderabad 4. DELAY AND EXTENSION OF TIME: If in the opinion of the EMPLOYER the works delayed (a) by force majeure or (b) by reason of any exceptionally inclement weather or (c) by reason of proceedings taken or threatened by the dispute with adjoining or neighboring owners or public authorities arising otherwise than through the CONTRACTOR’s own default or (d) by the works or delays of other CONTRACTORs or tradesmen engaged or nominated by the EMPLOYER and not referred to in Specifications or (e) by reason of the EMPLOYER’s instructions as per clause (g), or (f) by reason of civil commotion, legal combination of strike or lockout affecting any of the building traders or (g) in consequence of the CONTRACTOR not having in due time necessary instructions from the EMPLOYER for which he shall have specifically applied in writing, ahead of time, giving the EMPLOYER reasonable time to prepare such instructions, the EMPLOYER shall make a fair and reasonable extension of time for completion of the Contract works. In case of such strike or lockout, the CONTRACTOR shall, as soon as may be, give written notice thereof to the EMPLOYER, but the CONTRACTOR shall nevertheless constantly use his endeavors to prevent delay and shall do all that may reasonably be required to the satisfaction of the EMPLOYER to proceed with the work. 5. DAMAGES FOR NON-COMPLETION If the CONTRACTOR fails to complete the works by the due date or within any extended time as allowed by the EMPLOYER the CONTRACTOR shall pay or allow the EMPLOYER to deduct the sum of 0.5% of the contracted cost per week of delay as Liquidated Damages (and not by way of penalty) for the delay. The maximum amount of Liquidated damages shall be 10% of contract price. The selected L1 shall submit the detailed programme of work in consultation with the Employer before the work order is issued, which shall form part of the Work Order. The delay shall be worked out from this programme/ plan and work. 6. SAFETY DURING EXECUTION OF WORK: The Contractor is required to maintain the safety regulations as per the attached safety norms in Annexure -1 for maintaining the safety regulations at site. 7. TIME SCHEDULE: The total time for the completion of the work is 7 Months from the date of issue of the work order. Balmer Lawrie & Co. Page 3 Inviting Tenders for Design, Supply and Erection of Racking System for Temperature Controlled Warehouse at Medchal, Hyderabad 8. LABOUR HUTMENTS The CONTRACTOR shall not be allowed to put up any hutment/temporary structure for accommodating his labour/staff within the premises. 9. PRICE VARIATION CLAUSE (PVA) No price variation shall be entertained/allowed by the EMPLOYER. 10. TAXES AND DUTIES The quoted price shall be inclusive of all the applicable taxes and duties. However they shall clearly mention the applicability of Excise Duty, VAT/CST, Entry Tax (If any) and Service Tax and the prevailing rates for such taxes. Bidders are required to attach a statement providing these tax details and the same are to be uploaded in e-proc site and to be submitted to BL office along with EMD and other hard copies as asked for 11. SELECTION OF SUCCESSFUL BIDDER The quote of the bidder who qualifies in the Pre-Qualification Criterion mentioned in Special Terms of the contract will be considered for opening price bid. The party who quotes the overall Lowest will be called the L1 bidder. 12. SETTLEMENT OF DISPUTE BY ARBITRATION Any dispute or difference arising under this contract shall be referred for adjudication at Kolkata to sole arbitrator to be appointed by the Chairman& Managing Director, Balmer Lawrie & Co. Ltd. and the provisions of Arbitration & Conciliation Act, 1996 including any statutory modifications or enactment thereof shall apply to the Arbitration and Conciliation. The fees of the arbitrator, if any, shall be paid equally by both the parties. 13. WORK TO BE CONTINUED DURING THE PENDENCY OF THE ARBITRATION The CONTRACTOR shall continue with the construction works with due diligence and speed so as to complete the same within the period agreed upon, notwithstanding any dispute or difference or question is referred to arbitration. The works shall not be delayed on account of any such reference made to the Arbitrators. Balmer Lawrie & Co. Page 4 Inviting Tenders for Design, Supply and Erection of Racking System for Temperature Controlled Warehouse at Medchal, Hyderabad 14. PAYMENT TERMS Sr. No. Descriptions 1. Mobilization Advance 2. Payment on receipt of material 3. Within 15 days after successful completion of work duly certified by concerned officer 4. Retention Money – payable on submission of bank guarantee for an equivalent amount valid for 12 months from the date of commissioning or 18 months from the date of supply whichever is later. Per. of Erection Amount. NIL 50% 40% 10% 15. ADDRESS FOR SERVICE / SITE ADDRESS All letters and Notices under or pursuant to these presents shall be hand delivered against acknowledgment or sent by Registered Post with Acknowledgement Due at the respective addresses mentioned below. Any change in the addresses shall be duly intimated by the concerned Party to all others. Address of EMPLOYER: Balmer Lawrie & Co Ltd, Logistics Infrastructure, 21, Netaji Subhas Road, Kolkata 700001 Site Address: For Supply of Materials Plot No. F9/5, Additional Patalganga Industrial Area, MIDC Patalganga, District Raigarh, Maharashtra. 16. INSPECTION BY THE CHIEF TECHNICAL EXAMINER (VIGILANCE) The proposed work covered under this tender, during its progress or after completion of work including all records, registers etc. can be inspected by the Chief Technical Examiner/Technical Examiner or by an officer of the vigilance cell of the authority on behalf of the EMPLOYER. The EMPLOYER may also appoint a third party monitoring agency for the same. The CONTRACTOR shall afford all reasonable facilities to the above vigilance staff as also provide them with all tools such as ladders, tapes, plump bob, level bottle, chisel and hammer, etc. as also necessary labour, skilled/unskilled, to complete their inspection/study/technical scrutiny to ascertain that execution of work has been done with materials and workmanship as stipulated in the Contract, and no extra charges shall be admissible to the CONTRACTOR on this account. Balmer Lawrie & Co. Page 5 Inviting Tenders for Design, Supply and Erection of Racking System for Temperature Controlled Warehouse at Medchal, Hyderabad 18 WATER & POWER – Contractor is to arrange water and power for their works and their people’s engaged for the work. 19. SECURITY DEPOSIT: Total Security Deposit shall comprise: (a) PERFORMANCE SECURITY DEPOSIT : The successful bidder is required to submit a performance bank guarantee from a Nationalized /Scheduled Bank equal to f 5% of the Total Contract Value immediately on receipt of letter of intent or Work order from Employer. This should be valid till the virtual completion of works. (b) RETENTION MONEY : As mentioned in the payment terms. If the CONTRACTORs do not carry out the rectification work during the Defects Liability Period, the clients shall have the right to get such defective work rectified after giving due notice in writing to the CONTRACTORs and recover the cost of repairs from the amount so retained. SIGNATURE OF TENDERER Balmer Lawrie & Co. Page 6 Inviting Tenders for Design, Supply and Erection of Racking System for Temperature Controlled Warehouse at Medchal, Hyderabad Bidder’s Information A. Details of the Bidder S. No. Particulars 1 Name of the Bidder (Prime) 2 Address of the Bidder 3 Status of the Company (Public Ltd./ Pvt. Ltd.) 4 Details of Incorporation of the Registration No. Company Date : (Certificate of incorporation to be submitted alongwith Technical Place: Bid) 5 Details of Commencement of Date: Business 6 Valid Sales Tax Registration No. 7 Valid Service Tax Registration No. 8 Permanent (PAN) 9 Name & Designation of the Contact person to whom all references shall be made regarding this tender 10 Tel. No. (with STD Code) 11 E-mail of contact person 12 Fax No. (with STD code) 13 Website address B Description Account Number Financial Details (as per audited Balance Sheets) (in Cr) Balmer Lawrie & Co. Page 7 Inviting Tenders for Design, Supply and Erection of Racking System for Temperature Controlled Warehouse at Medchal, Hyderabad S. No. Particulars Year 2010-11 1 Net Worth 2 Turnover 3 Profit (PAT) Balmer Lawrie & Co. 2011-12 2012-13 Page 8 Inviting Tenders for Design, Supply and Erection of Racking System for Temperature Controlled Warehouse at Medchal, Hyderabad PART - III TECHNICAL SPECIFICATIONS Balmer Lawrie & Co. Page 9 Inviting Tenders for Design, Supply and Erection of Racking System for Temperature Controlled Warehouse at Medchal, Hyderabad 1.0 DESIGN GUIDELINES Following standards are to be followed, as applicable for design of Racking system IS 801:1975 – Code of practise for use of cold formed light gauge steel structural members in general building conditions. IS 800:1984/2007 – Code of practise for general construction of steel. BS: 5950 (V): 1988 – Building design using cold formed steel sections. FEM 10.2.02 – Code of practise for design of steel pallet racking. FEM 10.3.01 – Adjustable beam pallet racking, tolerances, deformations and clearances. EN: 15512: 2009 – Steel static storage system – Adjustable pallet racking systems – Principle for structural design. SEMA Code of practise for the design of static racking. 2.0 RAW MATERIAL Load Bearing Members of the system are made out of high strength HR steel having properties equivalent to grades specified by IS 5986: 2002 and IS 2062: 2006. Steel Type Minimum guaranteed yield strength IS:5986 - Fe 510 / Equivalent or 355 Mpa IS 2062 - E350 / Equivalent IS:5986 - Fe 410 / Equivalent or IS:2062 - E250 / Equivalent 255Mpa IS:3601 - 2006 / Equivalent 210 Mpa IS:4923 - 1997 / Equivalent Equivalent international standard JIS 3101: SS 490 EN 10025 : S 355 JR DIN 17100 : St 52 JIS 3101: SS 400 EN 10025 : S 235 JR DIN 17100 : St 42 In addition to high strength, the raw material used for structural load bearing members possesses adequate ductility to ensure toughness. The material also has the necessary impact strength for cold room applications up to -30 degree C. Balmer Lawrie & Co. Page 10 Inviting Tenders for Design, Supply and Erection of Racking System for Temperature Controlled Warehouse at Medchal, Hyderabad Feature such as raw material traceability should be available at your plant. 2.1 UPRIGHT a. Usage : Vertical load bearing multi bend (min 12) profile designed to offer maximum load carrying strength with optimum surface utilisation, ensuring high standards of stability and safety. It transfers the load to the ground via grouted base plates. b. Design Criteria: BS 5950 Part (V) and SEMA Guidelines. c. Configuration: Common upright systems have been proposed as shown in the drawing. d. Manufacturing: Roll formed construction made in single piece without welding. Process of punching and forming in one flow and in a synchronized operation, hence providing dimensional accuracy and uniform and consistent contour. e. Flexibility: Slots at every 50 mm enabling warehouse user utilise height optimally, face hole dia 11mm, to adapt to ever changing SKU sizes. f. Fixity: Bolted with base plates to transfer the load to the ground. g. Profile: Omega profile. h. Material Quality: Minimum yield strength 355 MPa. i. Finish: Lead Free Epoxy Polyester powder coated. j. Colour: Oxford Blue. 2.2 SPLICE (for joining uprights) a. Utility: Used to join two uprights. Front splice piece shall hold the upright in the face while the rear splice piece will be fitted along the depth. b. Manufacturing: Splices are press formed sections. c. No. of bends: 2 nos. d. Fixity : Bolted e. Surface Finish: Lead Free Epoxy Polyester powder coating. 2.3 BASE PLATES a. Utility : Used to anchor upright to the ground b. Manufacturing Process : Welding and Press formed. c. Section : Min 180mm x 110 mm x 5 (t)mm but can exceed as per the design. d. Fixity : Grouted with 2 nos M12x100 torque type mechanical anchor expansion bolts ( HILTI of FISHER Make ) and bolted to upright by four M10x25 of fasteners. Floor level adjustments done through shims. e. Grouting fasteners are zinc plated. f. Finish : Lead free Epoxy Polyester powder coated g. Colour : Orange. Balmer Lawrie & Co. Page 11 Inviting Tenders for Design, Supply and Erection of Racking System for Temperature Controlled Warehouse at Medchal, Hyderabad 2.4 BRACINGS a. Utility: Essential members- Diagonal & horizontal bracings are connected to upright to make frames so as to impart stability to the structure. b. Configuration: Requisite amount of diagonal and horizontal bracings are provided as per load capacity and application as shown in the side view of elevation in the drawing. The horizontal bracings are connected to the topmost and bottommost diagonal bracings for frame stability. Length of bracings depend on the depth of the units. c. Profile: Lipped Channel, 30mmx 30x6mm x 1.6mm thickness. d. No. of bends : 4 e. Manufacturing Process: Bracing channels manufactured through roll forming technology. f. Alignment: Spacers align the diagonal bracings. g. Surface Finish: Galvanised. 2.5 BEAMS a. Utility: The horizontal load carrying members that support the pallets. b. Manufacturing: Roll formed. It is formed through single sheet through continuous gradual roll forming in single flow. This ensures tensional strength of the beams and distinguishes us from others, unlike open profiles which tend to buckle for heavy loads or for longer beam lengths. No welding is allowed to form box section. c. Material Specification: Material used is hot rolled steel with minimum yield strength of 255MPa. d. Profile: Box section. e. Design Criteria: The beams shall withstand for the specified load under the following deflection criteria of Span / Deflection should be less than 200, under SEMA guidelines. f. Fixity: The box beams are welded to 4 lip connectors (at works, and not at site) which will be hooked on to uprights. g. Locking Mechanism. Beam locks by locking pins ensure that beams are engaged with uprights precisely and prevent any accidental beam dislodgement due to handling equipment. Diameter is 6mm for locking pin. h. Surface Finish : Lead Free Epoxy Polyester powder coated i. Colour: Orange. 2.6 ROW CONNECTOR a. Utility: Used to connect back to back frames. This is used for double faced rows. They impart stability to the system. b. Profile: Lipped channel with rectangular plates at end. Balmer Lawrie & Co. Page 12 Inviting Tenders for Design, Supply and Erection of Racking System for Temperature Controlled Warehouse at Medchal, Hyderabad c. Manufacturing : Roll forming and welded d. Surface Finish : Epoxy Polyester powder coated 2.7 COLUMN GUARDS a. Utility: Safety member to protect uprights being accidentally hit by MHE while turning. b. Location: For first upright of every row facing cross aisles. c. Section : Smooth C profile, as shown in design d. Fixity: Grouted to the ground by 4 nos. M12x100. e. Surface Finish : Epoxy Polyester powder coated 2.8 AISLE PLACARD a. MS Sheet cards indicates aisles / row nos. and helps as guide to the operator. b. Placed on frames. 2.9 SIGNAGES a. They are safety sign boards / instructions for operators. b. It displays the dos and don’ts for safe operation. c. Quality: Photo finish. 2.10 FASTENERS a. Fasteners used are of 8.8 grade minimum with galvanised finish to suit industrial atmosphere. 2.11 PALLET STOPPERS a. Type of Profile b. Diameter c. Length d. Connectivity e. Overhang Permitting f. Mfg Process g. Surface Finish h. Colour 2.12 a) b) c) d) Pipe 48mm To be adjusted as per the space with Clamp and U- Bolt 100mm Standard Process Powder Coated Yellow ROW GUARDS Utility: Safety member to prevent racks being hit by MHE while turning. They protect the end frames. Location: At the end of rows where working and cross aisles meet. Protects the two cross aisle facing uprights and frame. Section: Rigid tubular section, 400mm height, 60 x 60 mm , Energy absorption of 300Nm. Balmer Lawrie & Co. Page 13 Inviting Tenders for Design, Supply and Erection of Racking System for Temperature Controlled Warehouse at Medchal, Hyderabad 3 3.0 3.1 e) Fixity : Grouted to the ground by 4 nos. M12x100. 5.Surface Finish : Epoxy Polyester powder coated PRETREATMENT AND SURFACE FINISH PRE-TREATMENT All components of the system are supplied duly finished with Epoxy-Polyester powder coating after doing the surface treatment of all the items by using pre-treatment method as mentioned below. a. Pre-treatment: All components are subjected to a Five Zone 8-stage special pre-treatment. The pre-treatment process consists of degreasing, phosphating and final rinse with demineralised water. All of the above mentioned processes are interspersed with rinsing with water of appropriate temperature. b. Degreasing: Degreasing is carried out with the help of a two steps chemical process within controlled temperatures. c. The degreasing conform to the requirements of IS: 3194 / 6005 – 1980. d. Phosphating: Phosphating is carried as per IS : 6005 and IS : 3618 Class D. e. After phosphating, cold water rinse is done using two different tanks and one final rinse is done with de-mineralised water to remove all traces of retained chemicals. f. Dry off oven treatment: The material will be dried up using drying oven at an air temperature of 125 deg C. 3.2 FINAL FINISH a. Uprights, beams and other items have Epoxy Polyester powder coating (lead free) of the colour and shade is applied to all components with an average dry film thickness not less than 35 microns. Bracings are galvanised. b. The material components are oven baked within a controlled temperature as specified by Powder Manufacturer for a flawless finish. c. The finish is as strong so as to withstand a 2H pencil hardness test. d. Testing of paint for various physical and chemical properties done as per IS 101:1964 Balmer Lawrie & Co. Page 14