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PUBLIC WORKS DEPARTMENT

Name of Work:-C/o Deen Dayal Upadhyaya College, Sector-3,

Dwarka, New Delhi. (SH: Art work as a murals / glass mosaic tiles).

TERMS OF REFERENCE

No. 05/CE/BPC B-1/2015-16

Issued to

M/s. . . . . . . . . . . . . . . . . . . . * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

To be received up to 15:30 hours on 15-07-2015.

This document contains twenty five pages (from 1 to 25).

Executive Engineer Building Project Division B-132

PWD (GNCTD) Sector-3, Dwarka

Delhi.


INDEX Name of Work:-C/o Deen Dayal Upadhyaya College, Sector-3,

Dwarka, New Delhi. (SH: Art work as a murals / glass mosaic tiles).

Ref. to

CLAUSE/ FORMAT/

ANNEXURE PARTICULARS/DETAILS

Ref.

to PAGE

NO.

1.0 NOTICE INVITITNG TENDER 1

2.0 PRESS NOTICE 2

3.0 INSTRUCTIONS TO THE TENDERERS 3

4.0 EARNEST MONEY DEPOSIT (EMD) 4

5.0 EVALUATION OF BIDS 5-7

6.0 SCOPE OF WORK 8

7.0 PRELIMINARY PLANNING STAGE 9

8.0 WORKING SKETCH STAGE 9

9.0 IMPLEMENTATION STAGE 9

10.0 PERFORMANCE GUARANTEE 9-10

11.0 ABANDONMENT OF WORK 10

12.0 SECURITY DEPOSIT 11

13.0 ADDITIONS AND ALTERATIONS 11

14.0 CARRYING OUT PART WORK AT RISK & COST OF

CONTRACTOR

12

15.0 DETERMINATION OR RESCISSION OF AGREEMENT 12

16.0 COMPENSATION FOR THE DELAY IN COMPLETION OF WORK

13

17.0 EXTENSION OF TIME 13

18.0 TIME SCHEDULE FOR WORK 13

19.0 ARBITRATION AND DISPUTE RESOLUTION 14-15

20.0 GENERAL CONDITIONS 16

21.0 PAYMENT SCHEDULE 17

FORMAT “A” LETTER OF TRANSMITTAL 18

FORMAT “B1” DETAILS OF ALL WORKS OF SIMILAR CLASS COMPLETED

DURING THELAST FIVE YEARS ENDING LAST DAY OF THE

MONTH PREVIOS TO MONTH OF TENDER OPENING

19

FORMAT “B2” PERFORMANCE REPORT OF WORKS REFERRED TO IN FORMAT “B1”

20

FORMAT “C” APPROACH PAPER ON METHODOLOGYPROPOSED FOR

PERFORMING THE ASSIGNMENT

21

ANNEXURE

“A”

FORM OF PERFORMANCE GUARANTEE/BANK

GUARANTEE BOND

22-23

FINANCIAL BID 24

SCHEDULE OF QUANTITIES 25


1

NOTICE INVITING TENDER

Name of work :- C/o Deen Dayal Upadhyaya College, Sector-3, Dwarka, New

Delhi. (SH: Art work as a murals / glass mosaic tiles).

ESTIMATED COST : Rs. 60,18,795/-

EARNEST MONEY : Rs. 1,20,376/-

TIME ALLOWED : Two Months.

Certified that the NIT contains 1 to 25 Pages and Fly leaf No. NIL


2

N.I.T. No. 05/CE B-1/PWD/ 2015-16

Tender ID No.: ……………………………

PRESS NOTICE

The Executive Engineer, BP Division B-132, PWD, Sector-3, Dwarka, New Delhi-75, on behalf of the

President of India, invites item rate tenders in two Bid system from the eligible reputed and specialized

agencies / firms doing Art work for the work of C/o Deen Dayal Upadhyaya College, Sector-3, Dwarka,

New Delhi. (SH: Art work as a murals / glass mosaic tiles).

The Earnest Money : Rs. 1,20,376/-

Last Date of Receipt of Application : 13-07-2015 upto 4.00 PM

Last Date of Issue of Tender : 14-07-2015 upto 1.00 PM

Date of PrebidMeeting : 06-07-2015 at 2.00 P.M. The Date of Opening Technical Bids : 15-07-2015 upto 3.30 PM

The tender document along with all terms and condition is available on Govt. of Delhi web site

www.delhigovt.nic.in The intending bidders may collect physically from the office of Executive

Engineer, BP Division B-132, PWD, Sector-3, Dwarka, New Delhi-75. On payment of Rs.1000/- in

cash.

Not to be published

.

Executive Engineer,

PWD, BPD B-132,

Sector-3, Dwarka,

New Delhi-110075

http://www.delhigovt.nic.in/


3

Name of Work:-C/o Deen Dayal Upadhyaya College, Sector-3, Dwarka,

New Delhi. (SH: Art work as a murals / glass mosaic tiles). 1.0 INSTRUCTIONS TO THE TENDERERS

1.1 Specific Information

Executive Engineer Building Project Division B-132, PWD, Sector-3, Dwarka, New Delhi-75 invites on behalf of President of India of India sealed item rate quotations from reputed artists/agencies for “Art Work in C/o Deen Dayal Upadhyaya College, Sector-3, Dwarka, New Delhi. (SH: Art work as a murals / glass mosaic tiles).

1.1.1 Selection shall be made by adopting Quality and Cost Based Selection (QCBS) procedure with weightage of 70% on Technical quality and 30% on Financial Bid.

1.1.2 After selection process is completed, agreement in respect of work shall be drawn with successful agency and the agreement shall subsequently be operated by the Executive Engineer Building Project Division B-132, PWD, Sector-3, Dwarka, New Delhi-75

1.2 SUBMISSION OF BIDS

1.2.1 Bid should be submitted in three separate envelopes super scribed as “Earnest Money

Deposit” ( Earnest Money Deposit, as indicated in ANNEXURE “A”, is required),

“Technical Bid” and “Financial Bid” and all the three envelopes shall be placed in one cover envelope thereby indicating name of the work on each envelope.

1.2.2 Complete proposal should be delivered to Executive Engineer Building Project Division B-132 PWD Sector-3 Dwarka, New Delhi-75 by 3.00 P.M. on 15-07-2015 Any proposal delivered after the due date and time will not be considered.

1.2.3 The first envelope i.e. Earnest Money Deposit envelope will be opened first.

1.2.4 The Technical Bid i.e. the second envelope of only those bidders shall be opened, whose Earnest Money Deposit is found in order.

1.2.5 The Financial Bid i.e. the third envelope (which shall necessarily be sealed) of only

those bidders shall be opened, who are found qualified as per evaluation of Technical Bids by the Board of Assessors (BoA).

1.2.6 Unsealed price bid shall not be considered for evaluation and sent to the bidder unopened, in condition as received.

1.2.7 Pre-bid meeting shall be held in the Chamber of Additional Director General/ Principal Chief Engineer, Building Project Zone B-1, First Floor, MSO Building, I. P. Estate, New Delhi on 06-07-2015 At 2 P.M.

1.3 TAX LIABILITY

No Tax, Cess or Levy shall be paid/reimbursed to the contractor over their contract amount. Service tax shall however be paid by the contractor to the concerned department and it will be reimbursed to him by the Engineer-in-charge after satisfying that it has been actually and genuinely paid by the contractor. Recoveries for Income Tax, Education Cess or any other taxes as per prevailing statutory requirements shall be made from the payments made periodically to the contractors.

1.4 Proposal Validity Period 90 days from the date of Opening of Financial Bid.


4

[Envelope-1]

2.0 Earnest Money Deposit (EMD)

2.1 Requisite Earnest Money Deposit in the form Treasury Challan/ Deposit at Call Receipt of

a Scheduled Bank guaranteed by Reserve Bank of India/ Banker‟s cheque of a Scheduled Bank/ Demand Draft of a Scheduled Bank/ Fixed Deposit Receipt (FDR) of a Scheduled Bank drawn in favour of Executive Engineer, BPD B-131, PWD, Delhi and payable at New Delhi, must be submitted along-with the bid document. No other

mode/form of payment shall be acceptable.

2.2 No interest shall be payable by the department for the earnest money deposit.

2.3 No bank guarantee will be accepted in lieu of the earnest money deposit.

2.4 50 % of EMD shall be forfeited by the department;

(a) If the proposal is withdrawn during the validity period.

(b) If any modification is made in terms and conditions of this TOR which is not acceptable to the department.

2.5 EMD shall be forfeited in full;

(a) If the contractor does not start the work after award.

(b) If the contractor tries to influence the evaluation process.


5 (Envelope- 2)

3.0 EVALUATION OF BIDS

The Board of Assessors (BOA) consisting of following officers: 1. Chief Engineer BPZ B-1, PWD- Chairman 2. Principal, Deen Dayal Upadhyaya College, Delhi – Member 3. Project Manager, BPC B-13, PWD- Member 4.Executive Engineer BPD B-132, PWD-Member Secretary shall evaluate the presentation done by the participants in respect of methodology/theme and select best proposals as deemed fit by it. Each of the responsive

technical proposal will be evaluated taking into account criteria as follows, by the bid evaluation committee.

(a)the bidder‟s relevant experience for the assignment, (b) the quality of the methodology proposed. By awarding marks so as to make totalmaximumtechnicalscoreas100.

Details Max. Marks

1. Past Experience of the firm 20

2. Methodology, work plan and understanding of TOR 80

TOTAL 100

3.1 The bidder shall sign and submit the „Letter of Transmittal‟ as given in FORMAT “A”.

3.2 The technical proposals will be allotted weightage of 70%, while the financial proposals will be allotted weightages of 30%.

3.3 Experience of having successfully completed one work of minimum Rs. 30 lakhs or two similar works each of Rs. 20 lakhs or three similar works each of Rs. 10 lakhs during the last 7 years ending last day of the month previous to the one in which applications are invited. The works completed upto previous day of last date of submission of tenders shall also be considered. He shall produce completion certificate from an officer not below the rank of Executive Engineer in FORMAT „B1 and B2‟. Similar work shall mean, (i) “Conceptualization, presentation, and painting on walls with paint/tiles”.

And

(ii) One completed work of any nature (either part of (i) or a separate one) costing not less than Rs. 10 lakhs with Government Department.

Note:-The value of executed work shall be brought to current costing level by enhancing the

actual value of work at simple rate of 7% per annum; calculated from the date of completion to last date of receipt of applications for tenders.

(The satisfactory completion certificate from an authority not below the rank of Executive Engineer or equivalent should be submitted. The certificate should include the value of the project indicating cost of building work, year of completion and time over run if any)

3.4 The bidder shall critically examine the total scope of work functional requirement. The conceptual scheme shall show the concept and other details adequate to understand the whole scheme. The bidders shall be required to make presentations of 30 to 40 minutes duration duly supported by computer generated 3D before the evaluation committee as and when called for, showing the salient features of the proposed scheme. A soft copy of such presentation shall also form part of conceptual scheme.

3.5 The submission of „Approach Paper on Methodology Proposed for Performing the Assignment‟ and appraisal of the scheme shall be as per FORMAT “C”. This evaluation

shall have 50% marks of total allotted marks for evaluation of „Technical Bid‟.

3.6 To sum up following is the criterion for evaluation of „Technical Bid‟:


6

Maximum Marks Assigned

Srl.

No.

Criteria Marks Reference

1 Past Experience of the firm

1.1 Number of Years experience

1.2 Past Experience of Art work of similar

nature

20

5*

15

Format B1 and B2 Para 3.3

2 Methodology, work plan and understanding of TOR

2.1 Presentation of 30-40 minutes

80

80

Format C Para 3.4

Total – 100 Marks

* The Experience to be counted from the date of registration of company /firm or from

the date of acquiring Degree / Diploma in Fine Art in case of individuals.

Marking system

S. No. Criteria Marking criteria

1 Past Experience of the firm

1.1 Number of Years‟

experience

1.2 Past Experience of Art

work of similar nature

1-5 year -1, 5-10 year -3, >10 year -5.

5 marks for each work of Rs. 10 lakh and above, 7.5 marks for each work of 20 lakh and above and 15 marks for each work of 30 lakh and above. (Maximum marks 15).

2

Methodology, work plan and understanding of TOR Presentation of 30-40 minutes Concept /Theme Methodology Quality of work Work plan

30 20 20 10

3.7 The Employer shall short list all the bidders for opening of financial bid who secure the

minimum required 50% marks in each of the above four categories and 60% overall.


7

3.8 Highest points basis: On the basis of the combined weighted score for quality

and cost, the bidder shall be ranked in terms of the total score obtained. The proposal

obtaining the highest total combined score in evaluation of quality and cost will be

ranked as H-1 followed by the proposals securing lesser marks as H-2, H-3 etc. The

proposal securing the highest combined marks and ranked H-1 will be invited for

negotiations, if required and shall be recommended for award of contract.

3.9 Following is an example of the procedure to be followed. 3.9.1 In a particular case of selection of bidder, It was decided to have

minimum qualifying marks for technicalqualificationsas60andtheweightageofthetechnicalbidsandfinancial bids was kept as 70: 30. 3 proposals, A,B & C were received. The technical evaluation committee awarded them 75, 80 and 90 marks respectively.Theminimumqualifyingmarkswere60.Allthe3proposalswere, therefore,foundtechnicallysuitableandtheirfinancialproposalswereopenedafter notifyingthedateandtimeofbidopeningtothesuccessfulparticipants.Theprice evaluationcommitteeexaminedthefinancialproposalsandevaluatedthequoted prices as under:

Proposal Evaluated cost A Rs.120. B Rs.100. C Rs.110.

Using the formula LEC/EC, where LEC stands for lowest evaluated cost and EC stands for evaluated cost, the committee gave them the following points for financial proposals:

A : 100 / 120 = 83 points B : 100 / 100 = 100 points C : 100 / 110 = 91 points

In the combined evaluation, thereafter, the evaluation committee calculated the combined technical and financial score as under:

Proposal A: 75x0.70 + 83x0.30 = 77.4 points. Proposal B: 80x0.70 + 100x0.30 = 86 points Proposal C : 90x0.70 + 91x0.30 = 90.3 points.

Thethreeproposalsinthecombinedtechnicalandfinancialevaluationwereranked as under: Proposal A: 77.4 points. H3 Proposal B: 86 points H2 Proposal C : 90.3 points. H1 Proposal C at the evaluated cost of Rs.110 was, therefore, declared as winner and recommended for negotiations/approval, to the competent authority.


8

4.0 SCOPE OF WORK 4.1 The bidder shall provide complete and comprehensive services for conceptualization of

theme making preliminary drawings/sketches, presentation for painting, tile art work and film and implementation on the walls in the form of painting or with tiles/stones marble with adhesive cement and sand etc. in conformation with the items and quantities shown in the Schedule of Quantities.

4.2 In addition, any incidental service/ action/ exercise required on part of the bidders in completing the art work is supposed to be included in the scope of work.

4.3 The bidders are advised to see the site of work as per plan. The land belongs to the college. The bidder shall have to discuss the proposal with the Principal/other authorized representative of the college, field engineers & other Senior officers from PWD.

4.4 The bidder must apprise himself of all site factors, and his offer must be complete in all respects including future incidental expenditure requirements for the work.


9 5.0 PRELIMINARY PLANNING STAGE

Art sketch showing all features shall be supplied by the bidder on A2 size paper in three sets and in soft copy in CD form for approval of the art work from Chief Engineer BPZ B-1. He shall carry out corrections/modification if any and resubmit in three sets.

6.0 WORKING SKETCH STAGE

The bidder shall provide three sets of the approved sketch on A1 size and CD form as working sketch. 7.0 Implementation Stage

The work shall be carried out conforming to approved sketches and specifications of materials.

8.0 PERFORMANCE GUARANTEE

8.1 The successful bidder shall deposit an amount equal to 5% of the accepted value of work as

Performance Guarantee in one of the following forms:

a) Cash (in case guarantee amount is less than Rs. 10,000/-)

b) Deposit at Call Receipt/Banker‟s Cheque/Demand Draft/Pay Order of a Scheduled Bank. (In case guarantee amount is less than Rs. 1,00,000/-).

c) Government Securities.

d) Fixed Deposit Receipts (FDR) of a Schedule Bank.

e) An irrevocable bank guarantee bond of any scheduled bank or the State Bank of India in the prescribed form. (Refer Annexure “A”).

8.2 The time allowed for submission of the performance guarantee by the agency shall be 10

days from issue of the letter of acceptance. This period can be further extended, if required, by the Engineer-in-charge for a maximum period of 5 days at the written request of the contractor.

8.3 The date of start of the work shall be reckoned after 22 days from the date of issue of letter of

acceptance and time allowed for completion of work shall be 12 weeks i.e. 90 days.

8.4 The letter of commencement shall be issued only after the agency submits the performance

guarantee in acceptable form.

8.5 The Performance Guarantee shall be initially valid up to the stipulated date of completion

plus 60 days beyond that. In case the time for completion of work gets extended, the contractor shall get the validity of Performance Guarantee extended to cover such extended time for completion of work. The performance guarantee shall be returned to the contractor after completion of the work.

8.6 The Engineer-in-Charge shall not make a claim under the performance guarantee except for

amounts to which the President of India is entitled under the contract (not withstanding and/or without prejudice to any other provisions in the contract agreement) in the event of:

a) Failure of the contractor to extend the validity of the Performance Guarantee as described herein above, in which event the Engineer-in-Charge may claim the full amount of the Performance Guarantee.

b) Failure by the contractor to pay President of India any amount due, either as agreed by the contractor or determined under any of the Clauses/Conditions of the agreement, within 30 days of the service of this effect by Engineer-in-Charge.

8.7 In the event of the contract being determined or rescinded under provision of any of the

Clause/Condition of the agreement, the performance guarantee shall stand forfeited in full and shall be absolutely at the disposal of the President of India. Performance guarantee in the


10

prescribed form, amounting to 5% of the tendered amount will be deposited by bidder. Award letter will be issued by EE after obtaining the performance guarantee from the bidder

9.0 ABANDONMENT OF WORK

9.1 If the contractor abandons the work for any reasons whatsoever or becomes incapacitated

from acting as contractor as aforesaid, the Engineer-in-Charge may make full use of all or any of the sketches prepared by the contractor and that the contractor shall be liable to pay such damages as may be assessed by the Engineer-in-Charge subject to a maximum of 10% (Ten percent) of the total fee payable to the contractor under this agreement. The department may make full use of all or any of the sketches prepared by the contractor and proceed from the stage from where the contractor left the work.

9.2 If at any time after acceptance of offer, department decide to abandon or reduce the scope of

work for any reason whatsoever, the department shall give notice to the contractor in writing to that effect and he shall act accordingly. The contractor have no claim to any payment of compensation or otherwise whatsoever. The contractor shall be entitled to all such fee for the services rendered and liable to refund the excess payment, if any made to him over and above what is due in terms of this agreement.


11

10.0 SECURITY DEPOSIT

10.1 A sum @ 5% of the gross amount of the bill of the shall be deducted from the running bill

of the bill of the contractor, till the sum along with the sum already deposited as earnest money amounts to security deposit @ 5% of tendered amount of the work. Such deductions shall be made unless the contractor has deposited the amount of security at the rate mentioned in cash or Government securities or Fixed Deposit Receipts. This is in addition to the performance guarantee that the contractor is required to deposit as per Clause8.0.

10.2 The Security Deposit will be refunded in the following manner:-

(a) 50% of the security deposit, after completion of art work as accepted and recorded by the Engineer-in-charge..

(b) 50% of the deposit, one year after completion of the art work. 10.3 The Earnest Money Deposit shall be treated as a part of the Security Deposit for the

successful bidder.

11.0 ADDITIONS AND ALTERATIONS

(i) The employer shall have the right to request in writing the changes i.e. additions/

deletions or modifications in the sketches of any part of the work and to request in writing any additional work in connection therewith and the contractor shall comply with such request.

(ii) If the employer deviates substantially from the original scheme which involves extra services, extra expenses and extra labour on the part of the contractor for making such changes and additions to the sketches, specifications or other documents thereby rendering major part or the whole of his work in fructuous, the contractor may then be compensated for such extra services and expenses on quantum merit basis.

(iii) Nothing extra shall be payable for such changes, alterations due to contractor own omissions and/or discrepancies including changes proposed by the contractor.

(iv) The decision of the employer shall be final and binding on whether the deviations and additions are substantial and require any compensation to be paid to the contractor.

(v) The payment for additional work, if any, shall be dealt as per prevailing market rates to be decided by the Engineer-in-charge after giving due consideration to the analysis submitted by the contractor.

(vi) For the minor modifications or alterations which does not affect the approved/ entire scheme of planning and design, no additional amount will be payable to the contractor.

(vii) The contractor shall not make any deviation, alteration, additions to or omissions from the work shown/ described and awarded to him except with prior approval of the Engineer-in-Charge in writing.


12

12.0 Carrying out part work at risk & cost of contractor.

If the contractor:

(i) At any time makes default during currency of work or does not execute any part of the work with due diligence and continues to do so even after a notice in writing of 7 days in this respect from the Engineer-In-Charge; or

(ii) Commits default in complying with any of terms and conditions of the contract and does not remedy it or takes effective steps to remedy it within 7 days even after a notice in writing is given in that behalf by the Engineer-in-Charge; or

(iii) Fails to complete the work(s) or items of work with individual dates of completion, on or before the date(s) so determined, and does not complete them within the period specified in the notice given in writing in that behalf by the Engineer-in-Charge.

The Engineer-in Charge without invoking action under clause 13 may, without prejudice to any other right or remedy against the contractor which have either accrued or accrue thereafter to Government, by a notice in writing to take the part work/part incomplete work of any item(s) out of his hands and shall have power to carry out the part work/part incomplete work of any item(s) by any means at the risk and cost of the contractor.

13.0DETERMINATION OR RESCISSION OF AGREEMENT

13.1 The Engineer-in-charge without any prejudice to its right against the contractor in respect of

any delay by notice in writing can absolutely determines the contract in any of the following cases, if the contractor commits breach of any terms or agreement.

13.2 When the contractor has made himself liable for action under any of the cases aforesaid the

employer shall have powers: (a) To determine or rescind the agreement.

(b) To engage any other contractor to carry out the balance work, debiting the contractor, the

excess amount, if any, so spent.

13.3 In event of above the performance guarantee and security deposit will stand forfeited in

favour of Government.


13

14.0 COMPENSATON FOR THE DELAY IN THE COMPLETION OF THE WORK The time allowed for carrying out of the work as specified in Clause 16 shall strictly observed by

the contractor and shall be deemed to be essence of contract on the part of the contractor. The work shall throughout the stipulated period of the contract be proceeded with all diligence and in the event of failure of the contractor to complete the work within the time schedule as specified above or subsequently notified to him, the contractor shall be liable to pay compensation at the rate of 1.5% of contractor amount per month of delay to be computed on per day basis subject to maximum of ten percent of contract amount. The decision of Superintending Engineer of concerned project as to the period of delay on the part of the contractor and the quantum of compensation for such delay shall be final and binding on the contractor.

15.0 EXTENSION OF TIME

If the contractor is unavoidably hindered in carrying out the work on account of delayed decision or the approval by the department which is necessary to carry out further work, he shall be allowed suitable extension of time by Engineer-in-Charge, whose decision shall be final and binding on the contractor. No claim by the contractor shall be made against the department for such delayed approvals/ decisions by the department, except for grant of suitable extension of time.

16.0 TIME SCHEDULE FOR WORK:

S.No

Activities

Cumulative Period from the date of commencement

(in weeks)

A PRELIMINARY STAGE

A.1 Submission of conceptual sketches, specifications and methodology.

02 Weeks

B APPROVAL STAGE Total period from the date of approval of Preliminary SKETCHES

B.1 Preparation of submission and modified sketch during approval.

04 Weeks

C Implementation Stage Cumulative Period from the date or order for detailed design (in weeks)

C.1 Painting, Exterior murals 8 weeks

D Post Construction Stage

D.1 Obtaining completion certificate 10 weeks


14 17.0 ARBITRATION AND DISPUTE RESOLUTION

Except where otherwise provided in the contract all questions and disputes relating to the meaning of the specifications, design, sketches and instructions hereinbefore mentioned and as to the quality of workmanship or materials used on the works or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the contract, designs, sketchs, specifications, estimates instructions, orders or these conditions or otherwise concerning the works or the execution or failure to execute the same whether arising during the progress of the work or after the cancellation, termination, completion or abandonment thereof shall be dealt with as mentioned hereinafter: (i) If the contractor considers any work demanded of him to be outside the requirements of the

contract or disputes on any sketches, record or decision given in writing by the Engineer-in-charge on any matter in connection with arising out of the contract or carrying out of the work, to be unacceptable, he shall promptly within 15 days request the Superintending Engineer in writing for written instruction or decision.

Thereupon, the Superintending Engineer shall give his written instructions or decision within a period of one month from the receipt of the contractor‟s letter.

If the Superintending Engineer fails to give his instructions or decision in writing within the aforesaid period or if the contractor is dissatisfied with the instructions or decision of the Superintending Engineer, the contractor may, within 15 days of the receipt of Superintending Engineer's decision, appeal to the Chief Engineer who shall offer an opportunity to the contractor to be heard, if the latter so desires, and to offer evidence in support of his appeal. The Chief Engineer shall give his decision within 30 days of receipt of contractor's appeal. If the contractor is dissatisfied with this decision, the contractor shall within a period of 30 days from receipt of the decision, given notice to the Chief Engineer for appointment of arbitrator failing which the said decision shall be final, binding and conclusive and not referable to adjudication by the arbitrator.

ii) Except where the decision has become final, binding and conclusive in terms of sub- Para (i) above disputes or difference shall be referred for adjudication through arbitration by a sole arbitrator appointed by the Chief Engineer in charge of the work or if there be no Chief Engineer, the administrative head of the PWD. If the arbitrator so appointed is unable or unwilling to act or resigns his appointment or vacates his office due to any reason, whatsoever another sole arbitrator shall be appointed in the manner aforesaid. Such person shall be entitled to proceed with the reference from the stage at which it wall left by his predecessor. It is a term of this contract that the party invoking arbitration shall give a list of disputes with amounts claimed in respect of each such dispute along with the notice for appointment of arbitrator and giving reference to the rejection by the Chief Engineer of the appeal. It is also a term of this contract that no person other than a person appointed by such Chief Engineer in-charge of the work or the administrative head of the PWD, as aforesaid should act as arbitrator and if for any reason that is not possible, the matter shall not be referred to arbitration at all. It is also a term of the contract that if the contractor does not make any demand for appointment of arbitrator in respect of any claims in writing as aforesaid within 120 days of

receiving the intimation from the Engineer-in-Charge that the final bill is ready for payment, the claim of the contractor shall be deemed to have been waived and absolutely barred and the Department shall be discharged and released of all liabilities under the contract and in respect of these claims. The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) or any statutory modifications or reenactment thereof and the rules made there under and for the time being in force shall apply to the arbitration proceeding under this clause. It is also a term of this contract that the arbitrator shall adjudicate on only such disputes as are referred to him by the appointing authority and give separate award against each dispute and claim referred to him and in all cases where the total amount of the claims by any party exceeds Rs. 1,00,000/-the arbitrator shall give reasons for the award.


15

It is also a term of the contract that if any fees are payable to the arbitrator these shall be paid equally by both the parties.

It is also a term of the contract that the arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties calling them to submit their statement of claims and counter statement of claims. The venue of the arbitration shall be such place as may be fixed by the arbitrator in his sole discretion. The fee of the arbitrator, if any, shall be paid before the award is made by both the parties on fifty percent each basis. The cost of the reference and of the award shall be at the discretion of the arbitrator who may direct of the parties any by whom and in what manner, such costs or any part thereof shall be paid and fixed or settle the amount of costs to be so paid.


16 18.0 GENERAL CONDITIONS

(i) The contractor shall be fully responsible for the technical soundness of the work

including those of the specialties engaged by him and also ensure that the work carried out generally in accordance with sketches specification and the approved scheme.

(ii) The employer will have the work of contractor and/or his co-artist supervised/ inspected at any time by any officer nominated by him who shall be at liberty to examine the records, check estimates and design.

(iii) Copyright of the work done by the bidder shall rest with the Engineer-in-charge or his authorized representative.


17

19.0 PAYMENT SCHEDULE

Note1: Part payment for the work done against any of the above stages would be

considered on pro-rata basis as decided by Engineer-in-charge. Note2:Compensation for delay as per Clause 14 shall also be applicable individually/

independently for each of the above given component.

Activities

% of total fee payable

Cumulative %

PRELIMINARY STAGE

On submission of conceptual sketches & specifications

10

10

APPROVAL STAGE

On approval of sketches, specifications etc. by Chief Engineer BPZ B-1

15 25

IMPLEMENTATION STAGE

On completion of work 75 100


18 FORMAT “A”

[Reference Clause 3.1]

LETTER OF TRANSMITTAL To

Executive Engineer Building Project Division B-132

PWD (GNCTD) Sector-3, Dwarka, New Delhi-110075

Name of Work:- C/o Deen Dayal Upadhyaya College, Sector-3, Dwarka, New Delhi.

(SH: Art work as a murals / glass mosaic tiles)..

I/We have read and examined complete document including the instructions to tenderer. I/We hereby submit our application on prescribed formats for undertaking the works upon

the terms and conditions contained/ referred to in the aforesaid documents. I/We agree to abide by and fulfill all the terms, conditions and provisions of the aforesaid documents.

I/We undertake to commence the work immediately on receipt of the letter of acceptance and to complete the work in the period as stated in Terms of Reference.

By virtue of my/our signature(s) below, I/We confirm that to the best of my/our knowledge

and belief the information contained in the specified formats, sections thereof and any annexure thereto and all supporting and explanatory information is truthful and exact.

Signature (Authorized Signatory of Bidder)

(In capacity of)

Duly authorized to sign (Name and Address of Bidder)

The tender on behalf of

The Bidder

------------------------------ -------------------------------------------

Witness Date: Address:


19

FORMAT “B1”


DETAILS OF ALL WORKS OF SIMILAR CLASS COMPLETED DURING THE LAST FIVE YEARS ENDING LAST DAY OF THE MONTH May

S. No.

Name of Work

Owner organization

Cost of Work in Indian Rupees (Lakhs)

Date of commencement

Date of stipulated completion

Date of actual completion

Details of Litigation, if any

Reference of officer with office address and telephone no.

Remarks

1 2 3 4 5 6 7 8 9 10

* Indicate gross amount claimed and amount awarded by the Arbitrator.

Signature of Bidder(s)


20 FORMAT “B2”


PERFORMANCE REPORT OF WORKS REFERRED TO IN FORMAT “B1”

1. Name of work/project & location 2. Agreement no. 3. Estimated cost 4. Tendered cost 5. Date of start 6. Date of completion (i) Stipulated date of completion (ii) Actual date of completion 7. Amount of compensation levied for delayed completion, if any 8. Amount of reduced rate items, if any 9. Performance Report (1) Quality of work Very Good/Good/Fair/Poor (2) Financial soundness Very Good/Good/Fair/Poor (3) Technical Proficiency Very Good/Good/Fair/Poor (4) Resourcefulness Very Good/Good/Fair/Poor (5) General Behaviour Very Good/Good/Fair/Poor

Dated: Executive Engineer or Equivalent


21

FORMAT ”C”


APPROACH PAPER ON METHODOLOGY PROPOSED FOR PERFORMING THE ASSIGNMENT

The approach and methodology will be detailed precisely under the following topics: 1. Composition of the team [not more than one page of with emphasis on Team leader and A4 size]

his standing in the field Art Work.

2. Methodology proposed for performing [not more than one page of assignment. A4 size] 3. Comments on the total Art Work demonstrating [not more than one page of

bidder‟s knowledge and understanding of A4 size] Art Work.

3. Quality Assurance system for [not more than one page of assignment prepared. A4 size] ____________________________________________________________________ Note: Marks on the above will be awarded by the Board of Assessors on the basis of

contractor‟s presentation.


22 ANNEXURE “A”

[Reference Clause 8.1(e)]

FORM OF PERFORMANCE GUARANTEE/ BANK GUARANTEE BOND

In consideration of the President of India (hereinafter called “The Government”) having offered to accept the terms and conditions of the proposed agreement between ……………………….. and ……………………………………………….. (hereinafter called “the said contractor(s)” for the work …………………………………………………………………………… (hereafter called “the said agreement”) having agreed to production of an irrevocable Bank Guarantee for Rs. …………………………………… (Rupees …………………………………………………….… only) as a security/ guarantee from the contractors (s) for compliance of his obligations in accordance with the terms and conditions in the said agreement. 1. We ………………………………………… (hereinafter referred to as the “Bank”) hereby

(indicate the name of the bank)

undertake to pay to the Government an amount not exceeding Rs.……………………(Rupees…………………………………………………………….. only on demand by the Government . 2. We ………………………………….. do hereby undertake to pay the amounts due


and payable under this Guarantee without any demur, merely on a demand from the Government stating that the amount claimed is required to meet the recoveries due or likely to be due from the said contractors(s). Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs. ………………. (Rupees.…………………………………….……………only). 3. We, the said bank further undertake to pay to the Government any money so demanded

notwithstanding any dispute or disputes raised by the contractor(s) in any suit or proceeding pending before any Court or Tribunal relating thereto, our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment there under, and the contractor(s) shall have no claim against us for making such payment. 4. We ………………………………………… further agree that the Guarantee herein contained


shall remain in full force and effect during the period that would be taken for the performance of the said agreement, and that it shall continue to be enforceable till all the dues of the Government under or by virtue of the said agreement have been fully paid, and its claims satisfied or discharged, or till the Engineer-in-charge, on behalf of the Government, certifies that the terms and conditions of the said agreement have been fully and properly carried out by the said contractor(s), and accordingly discharges this Guarantee. 5.We ………………………………………….. further agree with the Government that


the Government shall have the fullest liberty without our consent, and without effecting in any manner our obligations hereunder, to vary any of the terms and conditions of the said agreement or to extend time of performance by the said contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Government against the said contractor(s), and to forbear or enforce any of the terms and


23

conditions relating to the said agreement, and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said contractor(s) or for any forbearance, act of omission on the part of the Government or any indulgence by the Government to the said contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us. 6. This guarantee will not be discharged due to the change in the constitution of the

Bank or the contractor(s). 7. We ……………………………………………………………..lastly undertake not to revoke this


Guarantee except with the previous consent of the Government in writing.

8.This guarantee shall be valid up to ……………… unless extended on demand by the

Government. Notwithstanding anything mentioned above, our liability against this Guarantee is restricted to Rs. ………………........ (Rupees ……………………………………………………………………….only), and unless a claim in writing is lodged with us within six months of the date of expiry or the extended date of expiry of this Guarantee all our liabilities under this Guarantee shall stand discharged. Dated the _______________________ day of ______________________

For ……………………………………. (indicate the name of bank)

Dated:

Signed for and behalf of the firm

Witnesses:

(Authorized signatory of the firm)

1. ------------------------------------ (Name and Address) 2. ------------------------------------ (Name and Address)


24

FINANCIAL BID


25

FINANCIAL BID

SCHDEULE OF QUANTITY

Name of Work : C/o DDU College at Sector-3, Dwarka, New Delhi.

(SH: Art work as a murals / glass mosaic tiles.)

S.No. Description of Item Quantity Rate Unit Amount

1 Painting/washable mural paintings based on

approved theme including designing and sketching

of themes on walls, pillars and deciding of

characters with 3D modelling complete art work on

surface using premium plastic emulsion paint of all

shades/colours after cleaning the surface for

preparing smooth base and then sprayings white

premium emulsion including removal/cleaning of

splashes of paint complete as per CPWD

specification of works and approval of client

(College Administration) and as per directions of

Engineer-in-charge.

825

Sqm

Sqm

2 Providing and fixing Glass mosaic tiles at finished

plain wall surface of size 20 mm x 20 mm x 4 mm

in all colour, design, fixing in customize design as

per direction of Engineer-in-Charge. The glass

mosaic tiles to be fixed on the wall surface with the

help of approved adhesive applied at the rate of 2.5

kg per sqm. and grouting of the same. The rate is

inclusive of all operation, material and required

pattern approved by Engineer-in-Charge.

700

Sqm

Sqm

3 Making and supplying 30 minute long digital

movie comprising of painting and murals in the

story telling style and music on the approved

theme.

1

Each

Each

Executive Engineer PWD, BPD B-132

Signature of Bidder

public works departmentdelhigovt.nic.in/upload/057-2015-01400.pdf · a scheduled bank guaranteed by...

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