MIV Logistics Pvt Limited, Regd & Corp. Office: INKEL Centre, Off Vallathol Junction, Seaport-Airport Road, Thrikkakara, Cochin TENDER DOCUMENT

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1 MIV Logistics Pvt Limited, Regd & Corp. Office: INKEL Centre, Off Vallathol Junction, Seaport-Airport Road, Thrikkakara, Cochin TENDER DOCUMENT Construction of Container Freight Station at Vallarpadam, Kochi, Kerala State, India on Turnkey Design & Build basis

2 INDEX Page No Notification Of Tender Notice Inviting Tender General Connditions of Contract Instructions for filling the Tender form Particular Conditions of Contract Forms for different deeds Technical Specification Soil Investigation Report.... S1 -S Bill Of Quantities... PART I Item wise Specification Format 1 to 11. Format 1 : 12 pages 1/1 to 1/12 Format 2 : 8 pages 2/1 to 2/8 Format 3 : 6 Pages 3/1 to 3/6 Format 4 : 8 Pages 4/1 to 4/8 Format 5 : 8 pages 5/1 to 5/8 Format 6 : 6 pages 6/1 to 6/6 Format 7 : 1 page 7/1 Format 8 : 1 page 8/1 Format 9 : 1 page 9/1 Format 10 : 3 pages 10/1 to 10/3 Format 11 : 6 pages 11/1 to 11/6 PART II- a) Schedule of quantities for Electrical works b) Schedule of quantities for Fire Fighting works 9.00 Drawings Civil Dwg Elect: Dwg Fire Dwg: HVAC Dwg: Plumbing Dwg: 01 to 10 E01 to E13 F 01 to F06 H -01 P01 to P Application for consent for establishment at PCB Pg 1 to 12 MIV Logistics Pvt Ltd 1

3 MIV LOGISTICS P ( Ltd.) No. 02 /MIVLP/EKM/ Dated TENDER INVITING NOTIFICATION (NIT No. 02/ MIVLP /EKM/12-13) 1. Wax sealed item rate tenders are invited on behalf of Director, M/s. MIV Logistics Private Ltd. having its Registered Office at INKEL Centre, Seaport Airport Road, Thrikkakkara, Cochin from contractors for the work of : Construction of Container Freight Station at Vallarpadam, Kochi, on Turnkey Design & Build basis. 1.1 a) The estimated cost of the work is : Rs. 14,82,00,000/- b) The Earnest Money to be deposited is : Rs. 25,00,000/- (Rupees Twenty five lakhs) (DD/Banker s Cheque in favour of MIV Logistics Pvt (Ltd.) payable at cochin or Bank Guarantee from a scheduled bank for a period not less than SIX months ) c) The period of completion allowed is : 12(Twelve) Months 1.2 Intending tenderers can download the tender documents from our official website on any date from The intending bidder should have satisfactorily completed Turnkey DESIGN & BUILD projects during the last five years ending last day of the month previous to the one in which the tenders are invited, according to the following requirements:- One Project costing not less than Rs 20 (Twenty) crores Two Projects costing not less than Rs 15 (Fifteen) crores, Three projects costing not less than Rs. 10 (Ten) crores, MIV Logistics Pvt Ltd 2 Or each. Or each. The bidder should have made Profit 2 of 3 immediately preceding financial years( , & ) The bidder on its own must have done the works as above and must have made profit out of its own operation. No consortium bidding will be accepted.

4 2. Tenderers should submit offers conforming to Part I and Part II as follows:- PART I: Design Proposals, Drawings & Bill of Quantities conforming to architectural drawings and specification issued for Civil, Plumbing, STP & PEB, Diesel tank and Air Condition works. PART II: Item rate quotes for Electrical and Fire Fighting works as in schedule (Part II) 3. Issue of Tender Forms a) The tender cost (non-refundable) of Rs. 10,000/- ( Rupees Ten thousand only ) per set, in the form of DD drawn from any scheduled bank in favour of MIV Logistics Pvt Limited payable at Cochin. (shall be kept in Envelope marked 1 ). b) The tenderer shall submit the list of works completed in format B & C to substantiate eligibility criteria as in para & above from the establishments concerned. The certificates/ testimonials shall be obtained from an authorised signatory officer not below the rank of executive engineer/ Project manager or equivalent. 4. The Earnest money of Rs 25,00,000/-shall be furnished as Banker s Cheque/ Demand Draft of a scheduled bank issued in favour of MIV Logistics Pvt Ltd, Cochin or bank guarantee from a scheduled bank over a period not less than Six months. 5. Tenders with a covering letter, which should be placed in an envelope and sealed, in the manner detailed below, will be received by the INKEL CENTRE at Cochin up to hours on and will be opened on the same day at hours. ENVELOPE 1. Shall contain i) the cost of tender documents as applicable as per clause 3(a), ii) the Earnest Money Deposit, iii) credentials along with copies of partnership deeds in case of partnership firms and iv) Un conditional acceptance of tender in the given format. v) Profilt and loss statement for the last three years MIV Logistics Pvt Ltd 3

5 ENVELOPE 2. Technical Designs, detailed Technical specifications, Design Calculation,Drawings, technical proposal vetted by a competent authority like IIT/ NIT/CUSAT or any accredited Govt Institution in part I. The Envelop 2 of the tender will be opened only of those tenders whose EMD, Cost of tender and Eligibility Criteria are found in order. ENVELOPE 3. Containing offer for : PART 1. UNIT RATE FORMAT As in Format 1 to 11 PART 2. ITEM RATE FORMAT for Electrical/Fire fighting work as in Format 1 to 2. The envelop 3 will be opened only of those tenderers whose technical Proposals furnished in Envelope 2 are in order. 6. The sealed Envelope No 1, 2 & 3 as above shall be placed in another ENVELOPE 4. and sealed properly. All FOUR envelopes shall be superscripted with (i) Name of work. (ii) Name of tenderer. (iii) Last date and time of receipt of tender. Envelope 4. shall be opened at the scheduled date and time. 7. All tender papers should be duly quoted and signed. The unopened tenders shall be returned to the tenderers after a final decision on the tender is taken.. 8. The tender papers shall not be sent by contractors by post/courier. 9. It may be noted that conditional tenders shall be summarily rejected. DIRECTOR, MIVLogistics (P)Limited, INKEL Centre, Cochin MIV Logistics Pvt Ltd 4

6 Construction of Container Freight Station at Vallarpadam, Kochi, Kerala State, India on Turnkey Design & Build basis Tender No. : 02/MIVLPL/EKM/ Estimated Amount put to tender : Rs. 14,82,00,000/- EMD : Rs 25,00,000/- Time of completion : 12 months. Last date /time of receipt of tender : 3 PM on Date /time of opening the tenders : 3.30 PM on Venue of Receipt of Tender : MIV Logistics Pvt Limited INKEL Centre Off Vallathol Junction, Seaport-Airport Road, Thrikkakara, Cochin MIV Logistics Pvt Ltd 5

7 BID SYNOPSIS 1 Tender No. 02/MIVLPL/EKM/ Name & Address of the Authority, Venue of receipt of Tender 3 Name of Work MIV Logistics Pvt Limited INKEL Centre Off Vallathol Junction, Seaport-Airport Road, Thrikkakara, Cochin Project Location Vallarpadam, Cochin. a. Nearest Railway Station Ernakulam North Construction of Container Freight Station at Vallarpadam, Kochi, Kerala State, India on Turnkey Design & Build basis b. Accessibility By Road 5 Scope of Work Construction of Container Freight Station at Vallarpadam, Kochi, Kerala State, India on Turnkey Design & Build basis 6 Estimated Amount of Contract Rs 14,82,00,000 /- 7 Type of Tender PART 1 in UNIT RATE FORMAT PART 2 in the ITEM RATE as per schedule of quantities. 8 Schedule of rates applicable Local Market Rates 9 Time of Completion 12 Months 10 Cost of Tender Document Rs 10000/- 11 Last Date of Receipt of Tender at 3.00 PM 12 Date & Time of Tender opening at 3.30 PM 13 Earnest Money Deposit Rs 25,00,000/- 14 Performance Guarantee 5% of Tendered Amount 15 Retention Amount 5% of gross amount of each running bill, limited to maximum of 5% of the Tendered Amount. 16 Validity Period of Tender 90 Days 17 Defects Liability Period 12 Months 18 Minimum interim Bills 25% of the contract value / once in a month whichever is earlier. 19 Pre-Bid Meeting 11 AM on MIV Logistics Pvt Ltd 6

8 NOTICE INVITING TENDER MIV Logistics Pvt Ltd 7

9 NOTICE INVITING TENDER TENDER INVITATION Sealed tenders are invited on behalf of MIV Logistics Pvt Limited, a company incorporated under the Companies Act, 1956 having its Registered Office at INKEL Centre, Off Vallathol Junction, Sea port Airport Road, Thrikkakara, Cochin (hereinafter referred to as MIVLPL) for the Construction of Container Freight Station at Vallarpadam, Kochi, Kerala State, India on Turnkey Design & Build basis from the eligible shortlisted Contractors. The Estimated Amount of Contract is Rs. 14,82,00,000 (Fourteen Crores Eighty Two Lakhs Only) The tender will be in the prescribed form. SPECIAL CONDITIONS 1.1. The Tenderer shall take the MIV Logistics Pvt Ltd instructions as per tender, PART 1: which consists of TURNKEY DESIGN & BUILD tender as per the architecture drawings issued by the Client for the following: 1) Administrative Block 2) Ware house Block 3) Workshop Block 4) Drivers Rest Room 5) Main entrance with Gate Complex 6) Electrical Sub-Station with U.G Sump of 3Lakhs litres& domestic tank of 50,000Litres capacity 7) Supply, Installation, Testing & Commissioning [SITC] of STP of 20 Cub. M as per PCB norms including Civil & allied works and obtaining statutory approval. 8) SITC Diesel Pump including Diesel Tank of 25,000 ltrs capacity, Pump Island, and associated Civil,Electrical & Mechanical Works and obtaining statuary approvals etc including Explosive licence. 9) Concrete base for Pit-less weigh bridge of 80T capacity. 10) Air conditioning work of Administrative Block 11) Plumbing & Sanitary works PART 2: which consists of item rate schedule for 1)Fire Fighting & Alarm Systems & MIV Logistics Pvt Ltd 8

10 2) Electrical Works issued by the Client along with the tender The scope of contract includes : PART 1: Prepare Technical Proposals, Structural Designs, drawings, design calculations, technical specifications, break down of prices, item wise cost and relevant details including technical specifications. The technical proposal shall be vetted by a competent authority like IIT/ NIT/CUSAT or any accredited Govt Institution. The tenderer shall submit projected Bill of Quantities, Rates & Amount in the prescribed format. They shall nominate Sub-Tenderers ( if any) subject to consent of the MIV LOGISTICS PVT LTD The Tenderer shall analyse and design the Reinforced Cement Concrete and Pre engineering [PEB] steel structures for all the buildings based on the Architectural Schematic Designs supplied by MIV LOGISTICS PVT LTD using the latest Technology and latest relevant IS codes, KMBR & NBC. The Designs of the structures shall be earthquake resistant pursuant to relevant zones and as per the provisions of IS code. The design calculations shall be provided by the Tenderer to MIV LOGISTICS PVT LTD.The Tenderer shall, free of cost obtain 3rd party proof checking by a competent authority like IIT/ NIT/CUSAT or any accredited Govt Institution. The Tenderer shall furnish all relevant details of the design proposal as on when called for by MIV LOGISTICS PVT LTD during the scrutiny process, failing to which will lead to the disqualification of the tenderer The Tenderer shall prepare the rate analysis of items, schedule of quantities as per the architectural drawings for all the items for arriving at the cost estimates to be incorporated in the Bill of Quantities as part of the scope of deliverables of the Tenderer The Tenderer shall work out and quote the appropriate quantities of all items required in the structural elements and finishes The Tenderer shall also be responsible for preparation and furnishing working drawings in respect of internal and external water supply and sanitary installation and incorporating the fire fighting & electrical design supplied along with the tender in the design proposal submitted by the tenderer The Tenderer shall prepare and supply the following for Design proposal along with the tender: a) Four sets (hard copy) of the design proposal execution drawings prepared on AUTOCAD & a soft copy of the same (on CD) giving full details which are necessary for the proper evaluation of the design. b) Two sets of final completion (as executed) drawings (hard copy) prepared on AUTOCAD, incorporating changes effected in actual execution & a soft copy of the same (on CD) Tenderer will not be eligible for any extra payment for any change in the design & scope of the work for what so ever reason The quoted rates shall include all duties, taxes, levies applicable at time of quoting. Statuary Payment for STP, Fire fighting, Electrical & Explosive will be paid by MIV LOGISTICS PVT LTD on specific request. Other statutory tax like TDS, Work s Contact MIV Logistics Pvt Ltd 9

11 Taxes etc. applicable, would be deducted while releasing the payment. The Tenderer need not quote separately for the component of Design services. a) Apart from the four copies of the execution drawings and two sets of completion ( as executed) drawings referred in clause 1.7. (a) & (b) above, the Tenderer shall supply soft copies of all drawings without any extra cost to MIVPL for submission of hard copies to the various Statutory Local Authorities like the Municipality, Factory Inspectorate, etc TIME LIMIT FOR COMPLETION OF PROJECT Completion period shall be 12 months. Commencement of the work shall be considered from the seventh day of the receipt of letter of acceptance On award of the Contract, the Tenderer will prepare a time schedule for completion of the Project in consultation with the Employer. This time schedule shall be strictly adhered to by the Tenderer. The Tenderer will be duly responsible to MIVPL for the timely delivery CONDITIONS OF ENGAGEMENT The Employer and Consultant shall have the right to visit the site for inspection to check that the works are being executed generally in accordance with the drawings and the specified quality of finish is being delivered. The Tenderer will ensure that the work is carried out strictly in accordance with the drawings and specifications once they have been approved and accepted The Employment of other Sub-Consultants / Sub- contractors by the Tenderer shall be at the approval of the Owner. The other Consultants appointed by the Tenderer with the approval of the MIVPL should be paid by the Tenderers at his own cost USE OF DRAWINGS AND DOCUMENTS That if during the execution of work,in case Tenderer is terminated /abandon the work thereafter MIVPL will make full use of all designs and drawings or other documents prepared by the Tenderer PARTIAL SERVICES In case where the Tenderer performs partial services for any reasons, including the abandonment, deferment, substitution or omission of the project and / or works, or part thereof, or if the services of the Tenderer are terminated, the settlement in respect of services performed shall be as per clause & 2 in the General Condition of Contract. There is no option for delivery partial services as it is the bound duty of the Tenderer to complete the project and hand over the same in full APPROVALS All the designs should be in accordance with the relevant codes, stipulated rules and regulation. The scope of design development for PART I is integral part of the composite design and Build Tender. MIV Logistics Pvt Ltd 10

12 1.6.2 The tenderer has the complete responsibility to obtain all the Statutory Approvals from various authorities from the commencement of work to the final commissioning. Approval required from Electrical Inspectorate, KSEB, Fire & Rescue Department, Pollution Control Board, Explosive, Cochin Port Trust, Local Self Government and all types and kind of any approvals needed for the complete cycle of construction has to be obtained by the tenderer DESIGN CO-ORDINATION The contractor shall be responsible for the selection and design of economical, technically viable & structurally stable and to provide the best co-ordinated performance of the entire tender. The basic design scheme & specifications along with rate analysis should be detailed out in Technical Proposals. The design of various structures with regard to Civil foundation & super structure, PEB, Plumbing, STP, SUMPS and all other scope of work included in PART I should comply necessary provisions in I.S codes, NBC codes,kmbr etc DESIGN CO-ORDINATION MEETING The contractor will be called upon to attend design co-ordination meetings with the engineer, other consultants of the owner during the period of scrutiny of the design proposal. The contractor should provide all the requested datas, clarification, supporting documents relevant codes or any type of information required if any at any point of time of scrutiny of the design proposal. If the tenderer fails to furnish any of the above details the tender will be rejected thereof without any other reason. Tenderers should attend such meetings at his own cost at MIV LOGISTICS PVT LTD office or any other venue as and when required and fully co-operate with such persons and agencies involved during those discussions COST of BIDDING: The Tenderer shall bear all costs associated with the preparation of the design, drawings & submission of the tender, and MIVPL will in no case be responsible or liable for those costs SOIL INVESTGATION REPORT The tenderer for preparing the design shall rely on the Soil Investigation Report enclosed along with the tender. As per soil investigation report deep pile is required for heavy structures. Accordingly items are given in the format for the foundation. However tenderers are free to decide the type of foundation instead of pile, but should be cost effective and vetted by a competent authority like IIT/ NIT/CUSAT or any accredited Govt Institution. Tenderers can add and quote any other items which are essential for the completion of the building mentioned in PART I TENDER PRICES All duties, taxes and levies are payable by the Contractor under the contract, or for any other cause shall be included in the rates, prices and total priced quoted by the Contactor. The rates & prices quoted by the Contractor shall be final for the entire period of the Contract and shall not be subject to variation on any account. MIV Logistics Pvt Ltd 11

13 LEGAL JURISDICTION Matter relating to any dispute or difference arising out of this tender and subsequent contract awarded based on the bid shall be subject to the jurisdiction of courts in Ernakulam District only \- 10 % CLAUSE For PART 1, the quantities of works as given by the tenderer shall in general be final. However the shortfall in total quantity of all items of works shall be allowed up to 10 % only to every individual item. For shortfall of quantities exceeding 10%, there shall be proportional reduction in the price of the individual items resulting the reduction in the award value by the same amount. Upward variation in quantity of individual items for all items of works should be absorbed by the contractor CLARIFICATION OF BIDDING DOCUMENTS A prospective Bidder requiring any clarification of the bidding documents may notify the Employer in writing.the Employer will respond to any request for clarification received earlier than 10 days prior to the deadline for the submission of Bids. Copies of the Employer's response will be forwarded to all tenderers of the tender, including a description of the inquiry but without identifying its source Pre-bid meeting A pre-bid meeting will be held on 29 th June 2012 at 11hrs at the office of MIV Logistics Pvt Ltd, INKEL CENTRE, Cochin to clarify the issues raised by the tenderer and furnished to MIV Logistics at least two days prior to the date of pre-bid meeting ELIGIBILITY CRITERIA Contractors who fulfill the following criteria will only be considered: The Contractor should have minimum 7 (Seven) years experience in similar work business Experience of having successfully completed similar work(s) in last five years ending the last day of the month previous to the one in which the tenders are called. a. One project costing not less than Rs 20 (Twenty) crores. OR b. Two projects costing not less than Rs 15 (Fifteen) crores, each. OR c. Three projects costing not less than Rs 10 (Ten) crores, each The contractor should have enough capacity in terms of personnel, labour force both skilled and unskilled, equipment s, plants and machinery, qualified sub-contractors to satisfactorily complete the job in stipulated time MIV Logistics Pvt Ltd 12

14 ISSUE OF TENDER DOCUMENT 1) The general information on the project may be found from the tender document. The information is only indicative. The tenderers are required to visit the site of construction and familiarize themselves with the site conditions, nature of substrata, availability of construction materials, etc., before quoting. The drawings, conditions of contract, schedule of quantities, soil investigation report and the specifications may be carefully studied before they offer their prices. No claims for extra compensation over and above the quoted rates will be entertained by MIVPL on the ground that the tenderer have misjudged site conditions, nature of substrata, tender conditions or any item of tender. The tender documents can be downloaded from the website The bidders will be required to submit an undertaking that they will accept the tender documents as available in the website and their tender shall be rejected if any tampering in the tender document is found to be done at the time of opening of tender. 2) Tenderer/s may download tender document at their own risk and cost, for the purpose of perusal as well as for using the same as tender document for submitting the offer. Master copy of the tender document is available in the Office as mentioned in the tender notice / tender document. After award of work an agreement will be prepared based on the master copy of tender document available in the above mentioned office. In case, any discrepancy between the tender document downloaded from the internet and the master copy, the latter shall prevail and will be binding on the tenderer/s. No claim on this account will be entertained RECEIPT OF TENDER DOCUMENTS The priced tender documents signed and complete in all respects shall be forwarded so that it reaches the office at INKEL Centre, Off Vallathol Junction, Sea port Airport Road, Thrikkakara, Cochin before 3.00 PM on Any tender received after the due date and time will be rejected MANDATORY ENCLOSURES FOR THE TENDER Tenderer shall submit the tender in a sealed envelope super scribed Tender No 02/MIVLPL/EKM/12-13 for Construction of Container Freight Station on at Vallarpadam, Kochi, Kerala State, India on Turnkey Design & Build basis enclosing the following in the sealed envelope a. Earnest Money Deposit with an Unconditional Acceptance Letter b. Cost of tender form in the form of DD only. c. Proof for eligibility criteria d. Copies of partnership deed in case of partnership firms e. Qualification information f. FORM-A,B,C,D,E & F g. Unconditional Acceptances of tender conditions of MIV Logistics Pvt MIV Logistics Pvt Ltd 13

15 Ltd PART 1: Design Proposals, Drawings & Bill of Quantities, Rates, Amount (Confirming to issued architectural layouts & scheme) for Civil, Plumbing, STP & PEB. Technical Proposals, design calculations, technical specifications, break down of prices, item wise cost and relevant details including detailed Technical specifications, technical proposal wetted by a competent authority like IIT/ NIT/CUSAT or any accredited Govt Institution. PART 2: Drawings & Bill of Quantities (as per Tender Schedule) of Fire Fighting & Electricals Systems issued along with the tender on Item Rate Basis. 3. Signed Tender documents & Drawings 4. Preliminary agreement duly executed on non-judicial stamp paper of value not less than Rs.100/- as per pro forma attached SUBMISSION OF TENDER Tender shall be submitted in FOUR separate sealed covers as given below, super scribing the name of work, due date & time address of MIV LOGISTICS PVT LTD and the address of the tenderers. ENVOLOPE 1. ENVOLOPE 2. EMD & Cost of tender form in the form of Demand Draft or Bank Guarantee and Proof for eligibility criteria, Profit & loss statement for the last three years and unconditional acceptances of MIV Logistics Pvt Ltd tender condition. a) Technical Designs, detailed Technical specifications, Design Calculations,Drawings, technical proposal wetted by a competent authority like IIT/ NIT/CUSAT or any accredited Govt Institution. ENVELOPE 3. Containing offer for - PART 1 in the UNIT RATE FORMAT 1 to 11 PART 1 in the ITEM RATE QUOTES, Format 1 & a) The ENVOLOPE 2. of tender will be opened only who gives an unconditional acceptance of the MIV LOGISTICS PVT LTD, tender conditions, EMD, Cost of tender form and proof for eligibility criteria in Envelope 1 are found in order. MIV Logistics Pvt Ltd 14

16 b) The ENVELOPE 3 will be opened only of those tenderers whose technical proposal vetted by a competent authority like IIT/ NIT /CUSAT or any accredited Govt Institution are found in order in Envelope 2. c) All tender papers duly quoted and signed. d) General conditions of contract will also be a part of the agreement The unopened tenders shall be returned to the tenderers after the final decision on the tender is taken Submission of a tender by a tenderer implies that he has read this notice and all other contract documents and has made himself aware of the scope and specifications of the work to be done and of conditions and rates at which stores, tools and plant, etc. will be issued to him by MIV LOGISTICS PVT LTD and local conditions and other factors bearing on the execution of the works OPENING OF THE TENDER Tenders will be opened in the presence of tenderers or their authorized representative who are present at 3.30 PM on in the office of MIV LOGISTICS PVT LTD, Cochin INFORMATION REGARDING TENDER After the public opening of the tenders, the information relating to the examination, clarification, evaluation and comparison of tenders and recommendations concerning the award of contract shall not be disclosed to the tenderer and other persons not officially concerned with such process Subject to MIV LOGISTICS PVT LTD s right to accept any tender and reject any or all tenders; the work will be normally awarded to the tenderer whose bid has been determined to be substantially responsive to the tender documents and who has offered the lowest Evaluated Tender Price provided further that the tenderer has the capability and resources to carry out the contract effectively. However MIVLPL reserves its right to call any or all tenders including L1 for negotiation in the event it find it in the interest of the company Prior to the expiry period of validity of the Tender, MIV LOGISTICS PVT LTD will notify the successful tenderer in writing by registered letter that his tender has been accepted. This letter (hereinafter referred as letter of acceptance) shall include the accepted BOQ of PART 1 & Part 2 together. This letter of acceptance will constitute the formation of a contract between MIV LOGISTICS PVT LTD and the tenderer Before commencing the work and within 7 days after the letter of acceptance of the tender has been intimated to him, the tenderer shall make performance guarantee and furnish the same for the proper fulfilment of the contract and shall execute an agreement for the work in required non-judicial stamp paper in the format given as Articles of Agreement. MIV Logistics Pvt Ltd 15

17 If the tenderer fails to execute the agreement as stated above within the specified period, the acceptance of the tender will be cancelled, the Earnest Money Deposit shall be forfeited to MIV LOGISTICS PVT LTD absolutely and fresh tenders called for or the matter otherwise disposed off REJECTION OF TENDER A tenderer shall submit a responsive bid, which satisfies each and every condition laid down in this notice, accepting all terms and conditions of the specifications and contract documents without any modifications, failing which, the tender will be liable to be rejected Tenders not properly filled, mutilated with incorrect calculations or generally not complying with the conditions are susceptible to be rejected Canvassing is strictly prohibited and the tenders submitted by the tenderers, who resort to canvassing will be liable for rejection TURNKEY DESIGN & BUILD TENDER As this is a Turnkey Design & Build tender for Part 1 & item rate tender for PART 2, only rates quoted shall be considered. Rates quoted by the contractor in BOQ in figures and words shall be accurately filled in so that there is no discrepancy in rates written in figures and words. The rate thus quoted will be deemed to include the cost of all materials, labour, hire charges for all machinery, cost of fuel, power, all leads and lifts, taxes, levies, service tax, royalties, all overheads, contingencies, profits etc. and the quoted price is all inclusive and nothing extra shall be payable to the contractor.the total Contract price shall be worked out after vetting of the design proposal & revising the schedule if required and entered in thereafter SIGNATURE OF THE TENDERER 1.25 EMD If the tender is made by an individual, it shall be signed with his full name and his complete address shall be given. If it is made by partnership firm, it shall be signed with the co-partnership name by a member of the firm who shall sign his own name and give the name and address of each partner of the firm and attach a copy of Power of Attorney with the tender authorizing him to sign on behalf of the other partners. A certified copy of the Registered Partnership Deed shall also be submitted along with the tender. If it is made by a joint stock Company, it should be signed by an authorised signatory with due evidence of such authorisation Earnest Money Deposit is Rs 25,00,000/- (Rupees Twenty Five Lakhs Only)It shall be drawn in the form of crossed demand draft / banker s cheque in favour of MIV LOGISTICS PVT LTD, payable at Cochin or Bank Guarantee from a scheduled bank valid for a period of not less than Six months EMD of the unsuccessful tenders will be refunded without any interest on finalization of the contract with the successful Tenderer or on the expiry of the validity period whichever is earlier EMD deposited with MIV LOGISTICS PVT LTD will be forfeited, if MIV Logistics Pvt Ltd 16

18 i) A tenderer withdraws his bid during the period of validity specified. ii) The successful bidder fails within the time limit to sign the contract Document or fails to furnish the required security deposit On acceptance of the tender, the EMD will be refunded on execution of the agreement with the successful tenderer PERFORMANCE GUARANTEE The successful tenderer will deposit an amount equal to 5% of the probable value of contract in the form of a Bank guarantee from a scheduled Bank in the format prescribed by MIV LOGISTICS PVT LTD and valid for the entire period of construction within seven days after the receipt of the letter of acceptance The Performance Guarantee will be refunded to the contractor after recording of the completion certificate of the work by the Engineer-in-charge RETENTENTION AMOUNT (SECURITY DEPOSIT) Security Deposit at the rate of 5% of the value of work for each running bill will be deducted from first and following part bills until such time as the cumulative total of such deductions shall amount to 5% of the executed value of the work. On expiry of the defects liability period or on payment of the amount of the Final Bill whichever is later, the Engineer-in-charge, shall on demand from the contractor refund to him the security deposit provided that the Engineer-in-charge is satisfied that there is no demand outstanding against the Contractor Provided that when the Security Deposit reaches a limit of 5% of the contract value or on completion of the work, if the Contractor so demand may convert the amount into Bank guarantee from any scheduled bank; the bank guarantee being valid till the completion of the defect liability period All the deposits of EMD, SECURITY DEPOSIT and PERFORMANCE GUARANTEE will not bear any interest whatsoever INCOME TAX (TDS) Income-tax (TDS) at the rate prevailing at the time of payment will be deducted from each running bill and final bill as per the provisions of the act STATUTORY PAYMENTS All statutory payments in connection with the employment of the workmen for this work will be borne by the Contractor The contractor is the employer of all the worker s engaged for this work and should therefore take all required registrations and pay premium correctly to labour welfare funds constituted by the Union Government and Government of Kerala from time to time All statutory deductions shall be made from the amount eligible to the contractor in each part bill at current rates. The deduction towards the work contract tax shall be as MIV Logistics Pvt Ltd 17

19 per the prevailing rates of Kerala Government Sales Tax rules, Any tax omitted, to be deducted in any part bill shall be deducted in the subsequent bills/final bill Sale Tax, Work Contract Tax, Excise/Customs duty or any other taxes or statutory levies applicable to this contract shall be payable by the Contractor and MIV LOGISTICS PVT LTD will not entertain any claim whatsoever in this respect PERIOD OF VALIDITY The tender shall remain valid for acceptance for a period of 90 days from the date of opening of the tenders. If any tenderer withdraws his tender before the said period or makes any modifications in terms and conditions of the tender, then MIV LOGISTICS PVT LTD has the liberty to forfeit the said Earnest Money Deposit INSPECTION OF SITE Every tenderer is expected to inspect the site of the proposed work and acquaint him with the site conditions of substrata, approaches, availability of raw materials, geological and weather conditions, etc., before quoting his rates. He must go through all the drawings, specifications and other tender documents. Any further clarification in the drawings and documents can be had from MIV LOGISTICS PVT LTD at the above mentioned address QUANTUM OF WORK A schedule of projected quantities for various items of Part-I will be submitted by the tenderer itself as per the guide lines regarding PART I mentioned in this tender. It shall be definitely understood that MIV LOGISTICS PVT LTD will not accept any design proposal which is not supported by vetting statements of IIT / NIT/ CUSAT or any other accredited institutions. The tenderer will only be responsible for the correctness or completeness of this schedule in respect of items and quantities and this schedule is liable to modification by deletions, deductions or additions at the discretion of MIV LOGISTICS PVT LTD without affecting the terms of the contract. A schedule of quantities for various items of Part-II accompanies this tender. It shall be definitely understood that MIV LOGISTICS PVT LTD does not accept any responsibility for the correctness or completeness of this schedule in respect of items and quantities and this schedule is liable to modification by deletions, deductions or additions at the discretion of MIV LOGISTICS PVT LTD without affecting the terms of the contract MIV LOGISTICS PVT LTD reserves the right to increase or decrease the quantum of work at site without assigning any reason Variations in the quantities for PART I will be applicable as per variation clause 12 (+or- 10% variation) mentioned in the special conditions of contract. Variations in the quantities for PART II as approved by MIV Logistics shall be payable as per General Conditions of Contract. The rates agreed by the contractor shall hold good for any amount of variation in the quantities and no claims whatsoever will be entertained on this amount. The contractor shall carryout all works as directed by MIV LOGISTICS PVT LTD at the same agreed rates. MIV Logistics Pvt Ltd 18

20 ALL INCLUSIVE RATES The contractor s rate must be firm and include the cost of transportation of materials to the site, all taxes such as Sales Tax, Excise, Service Tax etc. and the fixing or placing in position for which the item of work is intended to be operated. The rates quoted by the contractor shall be firm throughout the contract period and there shall be no upward revision of the rates quoted by the contractor for any reasons whatsoever. It should be clearly understood that any claims for extra Sales Tax, Excise duty, Construction tax or any additional tax, etc., shall not be entertained in any case whatsoever once the tenders are opened INTERPRETING SPECIFICATIONS In interpreting the specifications, the following order of decreasing importance shall be followed: a. Specification mentioned in approved Schedule of Quantities in PART I & and supplied Schedule of Quantities in PART II b. Technical Specifications c. Special conditions of contract d. Technical Designs, detailed Technical specifications, Design Calculations, Drawings, technical proposal wetted by a competent authority like IIT/ NIT/CUSAT or any accredited Govt Institution & Projected Bill of Quantities in the prescribed format. e. Indian Standard Specification Matters not covered by the specifications given in the contract, as a whole shall be covered by the relevant Indian Standard Codes. If such codes on a particular subject have not been framed, the decision of MIV LOGISTICS PVT LTD shall be final REJECTION OF THE TENDER ON ACCOUNT OF MODIFICATIONS No modifications shall be made by the tenderer in the Notice Inviting Tender, Instructions to the contractors, Tender form, General conditions of contract (GCC) Part I & II ACCEPTANCE OF THE TENDER The acceptance of a tender rests with MIV LOGISTICS PVT LTD who do not bind itself to accept the lowest tender and reserves the authority to reject any or all the tenders received without assigning any reason(s) whatsoever MIV LOGISTICS PVT LTD reserves the right of accepting the whole or any of the tenders received and the tenderer shall be bound to perform the same at the rates quoted The work shall be carried out under the direction and supervision of MIV LOGISTICS PVT LTD or its authorised representatives at site. On acceptance of the tender, the contractor shall intimate the name of his accredited representative(s) who would be MIV Logistics Pvt Ltd 19

21 supervising the construction and would be responsible for taking instructions for carrying out the work LETTER OF ACCEPTANCE The Letter of Acceptance will be issued in writing to the successful tenderer by MIV LOGISTICS PVT LTD. The contract will normally be awarded to the qualified and responsive Bidder offering the lowest evaluated bid in conformity with the requirements of the specifications and contract documents and MIV LOGISTICS PVT LTD shall be the sole judge in this regard. MIV LOGISTICS PVT LTD does not bind itself to accept the lowest or any tender or to give any reason for its decision QUALITY OF MATERIAL AND WORKMANSHIP MIV LOGISTICS PVT LTD s decision with regard to the quality of the material and workmanship will be final and binding on the contractor. Any material rejected thus shall be immediately removed by the contractor and replaced by materials as per specifications and standards SUB-LETTING No part of the contract shall be sub-let without the written permission of MIV LOGISTICS PVT LTD nor shall transfers be made by the Power of Attorney authorizing others to carry out the work, or receive payment on behalf of the tenderer DEFECTS LIABILITY PERIOD Any defect developed within the Defect Liability Period of Twelve months will have to be rectified by the contractor at their own cost and in case the defects are not rectified by the contractor, MIV LOGISTICS PVT LTD or its authorised representative shall get the work done at the risk and cost of the contractor DELAYS IN COMMENCEMENT The contractor shall not be entitled to any compensation for any loss suffered by him on account of delays in commencing or executing the work, whatever is the cause for such delays including delays in procuring Government Controlled or other materials INSPECTION BY THE CONTRACTOR The contractor should inspect the source of materials, their quality, quantity and availability. All materials must strictly comply with the relevant B.I.S specifications CO-ORDINATION OF WORK The contractor must co-ordinate with other contractors involved in other works within the site to minimize the disruption of works SITE CLEARANCE BEFORE COMMENCEMENT OF WORK MIV Logistics Pvt Ltd 20

22 The contractor should note that they shall have to clear the site of vegetation, debris, etc. before the commencement of the work and that no extra payment is permissible on this account PERIOD OF CONSTRUCTION Time is the essence of this contract. The construction period shall be TWELVE MONTHS. Commencement of the work shall be considered from the 7 th day of receipt of letter of acceptance. The contractor shall draw a detailed schedule of programme in the form of PERTCHART and a BAR CHART on whole work, within one week of award of work and submit to MIV LOGISTICS PVT LTD for their approval The Milestones to be achieved during the execution of the work shall be as follows: Sl. No Financial progress Time allowed For not achieving the 1 1/8 th of the whole work 1/4 th of the whole work progress, 1% of the 2 3/8 th of the whole work ½ of the whole work tendered value will be 3 3/4 th of the whole work 3/4 th of the whole work withheld for each mile- 4 Full Full stone, from running bills 1.47 OCCUPATION IN PART If MIV LOGISTICS PVT LTD wants to occupy areas in part, the contractor shall complete the work of these areas in conjunction with MIV LOGISTICS PVT LTD and hand over the same to MIV LOGISTICS PVT LTD without affecting any of the clauses of contract agreement LIQUIDATED DAMAGES In case of delay in completion of the contract, liquidated damages (L.D) will be levied at the rate of half per cent (½%) of the contract price per week of delay, subject to a maximum of 10 per cent of the contract price MIV LOGISTICS PVT LTD, if satisfied, that the works can be completed by the contractor within a reasonable time after the specified time for completion, may allow further extension of time at its discretion with or without the levy of L.D. In the event of extension granted being with Liquidated Damages, MIV LOGISTICS PVT LTD will be entitled without prejudice to any other right or remedy available in that behalf, to recover from the contractor as agreed damages equivalent to half per cent (½%) of the contract value of the works for each week or part of the week subject to the ceiling defined in sub-clause MIV LOGISTICS PVT LTD, if not satisfied with the progress of the contract and in the event of failure of the contractor to recoup the delays in the mutually agreed time frame, shall be entitled to terminate the contract In the event of such termination of the contract as described in the owner shall be entitled to recover Liquidated damages up to ten per cent (10%) of the contract value and forfeit the security deposit made by the contractor besides getting the work completed by other means at the risk and cost of the contractor. MIV Logistics Pvt Ltd 21

23 1.49 CONTRACTOR S STORE AND SITE OFFICE Suitable area in the site of work shall be allowed to the contractor free of cost for constructing temporary structures for storing his tools and plants, materials, site office and cement godown. However, the structure will be provided by him at his own expense and he will be solely responsible for guarding his property with requisite insurance against theft, fire etc. The contractor however will have to dismantle the sheds and vacate the land of all debris, etc. at his own expense after completion of work MEASUREMENT AND BILLING Wherever mode of measurement is not specified, the measurement will be taken at site as per the latest BIS code of practice for measurement The contractor or his representative shall accompany MIV LOGISTICS PVT LTD or its authorised representative in taking measurement and shall agree to the measurement taken on spot. All necessary tapes shall be of steel and shall be supplied by the contractor. The contractor shall then present his bill based upon the agreed and recorded measurements and as per the directions of MIV LOGISTICS PVT LTD. If the contractor fails to accompany MIV LOGISTICS PVT LTD s representatives for measurements, then he shall be bound by the measurement taken by MIV LOGISTICS PVT LTD or their representative The contractor shall raise bills once a month or for a minimum payment of 25% of contract value Payment towards all interim bills will be made by MIV LOGISTICS PVT LTD within 10 days of presentation by the contractor Period of final measurement shall be one month from the time of completion of the project EXTRA ITEMS For PART II,any item of work that do not find a place in the schedule of quantities, in the original tender or in the accepted tender which has been directed by MIV LOGISTICS PVT LTD to execute is deemed as an extra item of work. All such works that are necessary to be carried out under the direction of MIV LOGISTICS PVT LTD shall be carried out by the contractor. Such variation will not violate the Contract Extra items of work thus carried out by the contractor will be paid at the rates worked out by MIV LOGISTICS PVT LTD WATER AND ELECTRICITY The contractor shall make his own arrangement for water and electricity required for the work. MIV LOGISTICS PVT LTD shall take no responsibility for the supply of either electricity or water INSURANCE MIV Logistics Pvt Ltd 22

24 The successful tenderer shall take out Contractor s All Risk (CAR) insurance policy, jointly in the name of MIV LOGISTICS PVT LTD and the contractor, and the original policy shall be deposited with MIV LOGISTICS PVT LTD. This Notice Inviting Tender (NIT) will form part of the tender document and the agreement executed by the successful tenderer. Place: Cochin Date: 15/06/2012 MIV Logistics Pvt Ltd. INKEL Centre, Cochin MIV Logistics Pvt Ltd 23

25 SUMMARY OF NOTICE INVITING TENDER 1. Defects liability period : Twelve months 2. Period of final measurement and valuation : One month after the completion of work 3. Date of commencement of work : 7 th day from the date of receipt of Letter of Acceptance 4. Period of completion of work : 12 months 5. Interim Payments : Once a month or for a minimum value of 25% of contract amount. 6. Earnest Money Deposit : Rs 25,00,000/- 7. Performance Guarantee : 5% of Tendered Amount 8. Security Deposit : 5% of gross amount of each running bill, limited to 5% of the tendered amount. 9. Validity period of tender : Three months from the date of opening of Tender 10. Escalation : No Escalation 11. Liquidated damages/penalty : 1/2% per week of delay, maximum of 10% of Contract value MIV Logistics Pvt Ltd,. INKEL Centre, Off Vallathol Junction, Sea port Airport Road, Thrikkakara, Cochin MIV Logistics Pvt Ltd 24

26 2.00 GENERAL CONDITIONS OF CONTRACT MIV Logistics Pvt Ltd 25

27 GENERAL CONDITIONS OF CONTRACT INTERPRETATIONS AND DEFINITIONS Singular & Plural: Where the context so requires, words importing the singular only also include the plural and vice versa Headings and Marginal Notes to Conditions: Headings and marginal notes to these General Conditions as well as NIT shall not be deemed to form part thereof or be taken to consideration in the interpretation or construction thereof or of the contract Words and Expressions: In the contract (as hereinafter defined), the following words and expressions shall have the meaning hereby assigned to them except where the contract otherwise requires The OWNERS / AUTHORITY shall mean MIV Logistics Pvt Ltd having its corporate and registered office at INKEL Centre, Thrikkakara, Cochin and includes INKEL Ltd its duly authorised Project Management Consultant or any other person empowered in this behalf by MIV LOGISTICS PVT LTD, for the present or any other competent agency duly appointed by MIV LOGISTICS PVT LTD to act as MIV LOGISTICS PVT LTD for the purpose of the contract, to discharge all or any of its functions The CONSULTANT shall mean M/s Pithavadian & Partners, Employer & Planners, 33A, College Road, Chennai , or in the event of their ceasing to be Employer for the purposes of this Contract such other person or persons as shall be nominated for that purpose by the Employer The CONTRACTOR shall mean the individual or firm or company undertaking the works and shall include legal representatives of such individual or persons composing such firm or incorporated company, or successors of such firm or company as the case may be and permitted assigns of such individual or firm or company The TENDER shall mean the tender submitted by the contractor for acceptance by MIV LOGISTICS PVT LTD The WORK shall mean and include all works to be executed in accordance with the contract or part thereof as the case may be and shall include all extras, additional, altered or substituted works required for the purpose of the contract. MIV Logistics Pvt Ltd 26