No: HCL/KCC/MINING/KM-LDD/2010
Dated 19.10.2010
TENDER DOCUMENT
FOR
6,000 METERS LARGE DIA DRILLING
AT
KHETRI COPPER MINE
KHETRI COPPER COMPLEX
HINDUSTAN COPPER LIMITED
(A GOVERNM ENT OF INDIA ENTERPRISE)
0
HINDUSTAN COPPER LIMITED
(A Govt. of India Enterprise)
KHETRI COPPER COMPLEX
KHETRINAGAR
RAJASTHAN- 333504
No. HCL/KCC/MINING/KM-LDD/2010
Dated 19.10.2010
TENDER NOTICE
SUB: LARGE DIA DRILLING AT KHETRI COPPER MINE
DATE OF TENDER OPENING
11.11.2010 after 3.00 PM
Sealed tenders in two bid system are invited by Hindustan Copper Limited (A Govt. of
India Enterprise) from Firms, Corporations, Registered Societies, Regd. Contractors or
Individuals having experience of large dia drilling in underground Metalliferrous Mines to
undertake the following job at Khetri Copper Mine.
-----------------------------------------------------------------------------------------------------------Name of Work
Quantity
Earnest
Tender
Completion
Money
Cost
Time
(Metres)
(Rs.)
(Rs)
(Months)
-------------------------------------------------------------------- ---------------------------------------Large Dia Drilling
6,000
19,000.00
200.00
07
(165 mm diameter)
-----------------------------------------------------------------------------------------------------------Tender document may be purchased from the office of Asstt. Genral Manager (Mines),
Modernisation Cell, Khetri Copper Complex, on payment of Rs. 200/- (Rupees Two hundred
only) towards the cost of tender papers in the form of cash or demand Draft/Bankers cheque
from any Commercial bank drawn in favor of “HINDUSTAN COPPER LIMITED” payable
at Khetrinagar, Distt. Jhunjhunu (Raj)
Tender
document
can
also
be
downloaded
from
our
website
www.hindustancopper.com and in that case cost of tender document of Rs 200/- should be
deposited separately in the form of demand draft/Bankers cheque while submitting the tender.
Tenders will be received up to 3.00 p.m. on 11.11.2010 and Technical- Bid will be
opened just after 3.00 p.m. on the same day in the office of Asstt. Genral Manager (Mines),
Modernisation Cell, Khetri Copper Complex, in the presence of tenderers who wish to be
present.
(S. D. Sharma)
Asstt. General Manager (Mines)
1
No. HCL/KCC/MINING/KM-LDD/2010
`To: ………………………….
………………………………
………………………………
TENDER
Sub:
Tender for 6,000 m of Large Diameter Drilling (165 mm) in underground stopes of
Khetri Copper Mine of Khetri Copper Complex.
Sealed tenders in two bid system are invited by Hindustan Copper Limited (A Govt.
of India Enterprise) from Firms, Corporations, Registered Societies, Regd. Contractors or
Individuals having experience of Large Diameter Drilling in underground Metalliferrous
Mines.
1
SCOPE OF WORK: The job comprises drilling of 6,000 Mtrs. of holes of 165 mm
diameter of length average 50 m length, the maximum length can be up to 65 m. in fan
shape or parallel in different stopes. The holes are to be drilled (-) 90º to (-) 45º
(downwards) in either side, on a given plane together with associated work like pipe line
fitting, loose rock dressing in medium to hard rocks of K hetri Copper Mine. The work
also involves shifting of machine and accessories to various drilling locations. The work
also involves plugging of holes with wooden plugs which will be supplied by the
contractor without any extra payment. The statutory supervision up to mate level shall be
the responsibility of the contractor.
2
EARNEST MONEY: Rs 19,000.00 to be paid in any of the following forms: Demand
Draft/Banker‟s Cheque from any Commercial Bank drawn in favour of Hindustan Copper
Limited, Payable at State Bank of Bikaner & Jaipur, at Khetrinagar Branch Distt.
Jhunjhunu. No interest shall be paid by the HCL on the Earnest Money deposited by the
tenderer. The earnest money of unsuccessful tenderer will be refunded by HCL directly to
the tenderer within a reasonable period of time. Earnest money is to be forwarded with
Part-I of the Tender. In case the tender document is downloaded from our website,
DD/BC of Rs. 200/- towards Tender Cost must be submitted separately along with
Technical-Bid
3
TIME OF COMPLETION OF WORK: 07 months from the date of issue of LOI/Work
order whichever is earlier including one month for mobilisation, training etc.
4
CLOSING DATE AND TIME FOR RECEIPT OF TENDERS: Up to 3.00 PM
11.11.2010.
5
DATE AND TIME OF OPENING: The Techno-Commercial bid will be opened just after
3.00 PM on 11.11. 2010.
2
6
VALIDITY OF TENDER: The offer should be valid for a period of 6 (six) months from
the date of opening of the tender.
7
TENDER SUBMISSION: Tenders are to be submitted in the office of Asstt. General
Manager (Mines), Modernisation Cell, Khetri Copper Complex, P.O. Khetrinagar, Distt.
Jhunjhunu, Pin Code–333504, Rajasthan.
8
MODE OF SUBMISSION: All tenders along with covering letter, EMD and information
which are to be included, shall be submitted along with the offer itself.
Tenders should be submitted in two parts viz. Part-I and Part-II in separate sealed
envelopes duly superscribing Tender Reference No., Name of the work, EMD details and
the opening date and time on the cover. The full name and address, phone number of the
tenderer shall be written on the bottom left corner on each of the sealed envelopes.
Further, envelopes containing each part shall be super scribed as under:
i) Part-I
Techno-Commercial Bid.
ii) Part-II
Price Bid in Form I (enclosed)
Both the envelopes containing Part-I and Part-II are to be enclosed in another envelope on
which also the details of Tender Reference no., Name of the work, Date of tender opening
and Earnest Money Deposit will be clearly written.
With the Techno-Commercial Bid, the tenderer should enclose the tender document in
original duly signed with seal in all pages to indicate he has gone through all the terms and
conditions of the tender document and after fully understanding the duties and
responsibilities of the tender, accepts all the terms and conditions.
The price bid of those tenderers who are not found technically suitable shall not be
opened. The date of opening of Price Bid of the technically acceptable tenderers shall be
communicated to tenderers in due course of time. Late or delayed offers will not be
considered and HCL will also not be responsible for any postal delay.
Part-I (Techno-Commercial) shall include information regarding bio-data of key persons
including their experience of a similar nature of work and list of persons with their
experience to which the contractor wants to employ. Refer Form III.
Part-II shall consist of the Price-Bid in Form- I.
9
Tenders not accompanied with Earnest Money will be rejected outright.
10 HCL do not bind themselves to accept the lowest tender and reserve the right to
accept/reject any or all the tenders without assigning any reason thereof.
11 COMMENCEMENT OF THE WORK: The job will be started by the successful bidder
with in 30 days of the date of award of the work.
3
12 ELIGIBILITY CRITERIA OF THE CONTRACTOR:
i) Average annual financial turnover of Rs. 11, 00,000.00 during last three years ending
31st March, 2010. The bidder shall submit the documentary evidence in this respect.
ii) Experience of having successfully completed similar works during last seven years,
ending 30th September, 2010, of either of the following:
Three similar completed works, costing not less than Rs. 8, 00,000.00
OR
Two similar completed works, costing not less than Rs. 10, 00,000.00
OR
One similar completed work costing not less than Rs. 15, 00,000.00
Similar work with respect to this tender means the work of Large Dia Drilling (165
mm dia) in Underground Mines.
The aforesaid interpretation would be based on the documents including a proof of
work of Large Dia Drilling (165 mm dia) or letter of award issued by client or a
certificate from principal employer to be submitted by Bidders.
However, HCL reserves the right to carry out independent verification of the
information submitted by Bidders.
Note: No assumptions should be made that informatio n regarding a bidder or its
members or experience, expertise and performance on other projects is known to HCL
other than the documentation and responses submitted by the bidder.
Asstt. General Manager (Mines)
Modernisation Cell
Khetri Copper Complex
4
SECTION-I
DEFINITION & INTERPRETATION
1. DEFINITIONS: In the tender, unless the context otherwise require:
a) “Company” means Hindustan Copper Limited (HCL) having its registered office at 1,
Ashutosh Choudhury Avenue, Kolkata-700019, West Bengal including its successor
and assignees or its representatives. Company shall mean the Owner wherever the
context so requires.
b) “Completion” means the completion of the entire scope of work herein specified to the
required standards and to the complete satisfaction of the Engineer- in-charge.
c) “Completion Certificate” shall mean the certificate to be issued by the Engineer- incharge when the work has been completed to his satisfaction.
d) “Contract” shall mean the written agreement, which the contractor shall enter into with
the company, pursuant to the acceptance of the Tender.
e) “Contractor” shall mean the person, firm, association of firms, company or corporation
whose tender for the work has been accepted by the company and shall include his/their
executors, administrators, successors and permitted assignees.
f) “Contract Documents” means collectively the tender documents, drawings,
specifications agreed variations if any, and such other documents constituting the tender
and acceptance thereof.
g) “Drawings” shall include maps, plans, sections, and tracings or prints thereof with any
modifications approved in writing by the Engineer- in-charge and such other drawings as
may, from time to time, be furnished or approved in writing by the Engineer- in –charge
during the currency of the contract.
h) “Engineer- in-charge” shall mean such officer or officers as may be designated, deputed
or authorized, by the company for the purpose of this contract and shall include
Engineer- in-charge‟s representative.
i) The “Final certificate” in relation to a work means the certificate issued by the
Engineer- in-charge after the period of liability is over.
j) “Manager” means a person appointed in writing by owner or agent under section 17 of
Mines Act 1952 to be in charge of a Mine.
k) The “Modification/Alteration Order” means an order given in writing by the Engineerin-charge to effect additions to or deletion from and alterations in the work.
l) “Owner” means HCL or any officer designated by C.M.D.
m) “Site or sites of work” shall mean the place of work and shall include the land or place
necessary for the purpose of access thereto and such other land and place as may be
made available to the Contractor by the Company for temporary work or for other
purposes connected with the execution of the contract.
5
n) “Supervision” means and shall include the successive control and directions given by
the Contractor in relation to contract work, during the execution of the work and
services.
o) “Tender” means collectively the offer submitted in response to and in accordance with
the NIT, subsequent discussions and negotiations, if any, held by the Contractor with
the company and all communications submitted by the Contractor in confirmation
thereto, the word „Tender` shall mean the offer to perform the „Contract‟.
p) “Tenderer” means the person, firm or corporation submitting a tender against the notice
of invitation of Tender and includes his authorized agents or representatives. Tenderer
shall mean „Contractor,‟ wherever the context so requires and vice-versa.
SECTION-II
TECHNICAL SPECIFICATION AND SPECIAL CONDITIONS OF THE CONTRACT
1. SCOPE OF WORK: The job comprises drilling of 6,000 Mtrs. of holes of 165 mm
diameter of length average 50 m length, the maximum length can be up to 65 m. in fan
shape or parallel in different stopes. The holes are to be drilled (-) 90º to (-) 45º
(downwards) in either side, on a given plane together with associated work like pipe line
fitting, loose rock dressing in medium to hard rocks of Khetri Copper Mine. The work
also involves shifting of machine and accessories to various drilling locations. The work
also involves plugging of holes with wooden plugs which will be supplied by the
contractor without any extra payment. The statutory supervision up to mate level shall
be the responsibility of the contractor.
2. SITE PREPARATION : Leveling of drill position, checking of loose rocks, removal of
debris fell from loose dressing, good housekeeping and maintaining drainage will be
done by the contractor.
3. MAINTENANCE OF THE MACHINE: B/d and routine maintenance of the machine will
be done by the contractor.
4. DRILL ACCESSORIES: The contractor shall arrange all drilling accessories i.e. DTH
Hammers, Bits, Drill Pipes, HDPE casing pipes, grinding wheels, pencil grinder, high
pressure air & other hose pipes, Wooden plugs and grease which will be certified by
Engineer in Charge & Engineer (Mines) for 6,000 Mtrs. drilling at his own cost.
5.
TIME SCHEDULE: The completion time for 6,000 m large diameter drilling shall be
seven months including one month for mobilization, training etc.
6. VENTILATION: The contractor shall be responsible for the efficient ventilation of the
working area. Installation and maintenance of the fans, ducting pipes and any other
ventilation devices will be the responsibility of the contractor.
6
7. DRAINAGE: The contractor shall be responsible for proper drainage and shall keep the
area free from any accumulation of water.
8. PROVISION OF SAFETY EQUIPMENT ETC: The contractor shall ensure that all
persons engaged by him use foot wears safety helmet and other protective equipment as
required by statute. Detailed instructions issued by Company in this regard from time to
time for safety and provisions of various statutory rules and regulations shall be strictly
adhered to by the contractor and his personnel
9. OBSERVING REGULATION AND STOPPAGE OF WORK: The company will take
full responsibility for stoppage of contractor‟s work by statutory authorities of Central,
State or local authorities for non compliance and violation of the statutory provisions
of Mines Act, 1952, Mines Rules 1955 and Metalliferrous Mines Regulation etc. Such
stoppage of work shall not be taken as valid reason for not achieving the targets and
Company shall be free to impose penalty stipulated in the tender document. The
contractor at his own cost and time shall rectify the defects /violations pointed out by
statutory authorities. The contractor agrees and does hereby accept full and exclusive
liability for compliance with all the obligation imposed by the Mines Act, 1952, Mines
Rules, 1955 and Metalliferrous Mines Regulations, 1961, Contract labour (Regulation
and Abolition) Act 1970, Payment of wages Act, 1936, Industrial Dispute Act, 1947,
Mineral Conservation and Development Rules, Workmen Compensation Act, 1923,
Employees provident fund and miscellaneous provisions Act, 1952, and all other Acts
applicable to mine workings, all the regulations, Rules, By-laws, Circulars and Orders
framed thereunder etc. statutory formalities and Govt. dues involving different taxes,
cess and interest and contractor further agrees to defend, indemnify and hold
Company harmless from any liability or penalty which may be imposed by the
Central/State Govt. or sub contractor and also from all claims, suits or proceedings
that may be brought against Company.
10. DESIGN ASPECTS: Detailed drawing shall be issued to the contractor seven days
before the commencement of drilling. The contractor shall arrange to drill the holes
strictly as per the design provided to him by the Company.
SECTION-III
GENERAL TERMS AND CONDITIONS OF THE CONTRACT
11.
11.1
SECURITY DEPOSIT:
As security for the due, proper and faithful fulfillment of the contract, the contractor
will furnish to HCL, Security deposit equal to ten per sent (10 %) of the total value of
the accepted work before commencement of the work. The security deposit to be
furnished within 30 (thirty) days, from the date of issue of LOI/Work Order whichever
is earlier, by way of D.D/Bank Guarantee from any Commercial Bank in the
prescribed format (ANNEXURE-I). The Bank Guarantee shall initially be valid for a
period of 18 months.
7
11.2
HCL is at liberty, after having given 14 days written notice to the contractor and
without any further reference to the contractor, to realise and / or enforce forfeit of
security deposit for non-fulfillment and for unsatisfactory performance of the contract.
11.3
The Bank Guarantee shall remain binding notwithstanding such variations, alterations
or extensions in time as may be made, given, conceded or agreed to between the
contractor and HCL under the General Conditions or otherwise, and the contractor
agrees to extend the Bank Guarantee suitably if the work is not completed as per the
completion time.
11.4
HCL shall not be liable for payment of interest under security deposit.
11.5
The security deposit shall be released, on application by the contractor after 3 (three)
months of getting final completion certificate after effecting recovery if any.
11.6 The said Bank Guarantee shall not in any way be construed as a limitation of the
contractor‟s responsibility or liability pertaining to its obligation and guarantees under
the contract and shall be without prejudice to any other remedies available to HCL as
expressly set out in the contract.
12. LIQUIDATED DAMAGES:
12.1
Any shortfall in achievement of quarterly targeted large diameter drilling, that will be
communicated by Engineer-in-charge to the contractor 15 days prior to
commencement of each quarter, will attract penalty as the shortfall will adversely
affect mining program of HCL. Failure to achieve the said target for any quarter by the
contractor shall make him liable to pay a penalty at the following rates.
Shortfall in quarterly target
Up to 10%
Above 10%
Rate of penalty
Nil
10% of the shortfall in target of 3 months
12.2
However, the total value of the penalty will be restricted to 10% of the value of the
contract throughout the contract period. The successful contractor agrees that the loss
is a genuine pre-estimate which will be suffered on account of delay on the part of the
contractor and the said amount will be payable on demand without there being any
proof of the actual loss caused by such delay.
12.3
Non achievement of the targets will, however, not attract any penalty in case the same
is established due to Force Majeure conditions.
12.4
HCL shall have the right to adjust the penalty, which HCL may become entitled to
from any amount payable by HCL to the contractor under the contract and in case no
payments is due from HCL to the contractor, the contractor shall promptly and without
demur or protest arrange remittance to HCL on demand.
12.5 The payments of liquidated damages by the contractor under various Clauses of this
section shall be to the exclusion of any other rights or remedies of HCL with regard to
delay and/or nonperformance under the contract.
8
13. TERMINATION OF THE CONTRACT:
13.1
If the contractor refuses or fails to execute the work as per contract or any separable
part thereof with such diligence as will ensure its completion within the time specified
in the contract, or extension thereof, or fails to complete the said work within such
time or fails to perform any of his obligation under the contractor in any manner
commits a breach of provision of the contract, it shall be open to HCL, as its option,
by written notice to the contractor.
13.2
To determine the contract in which event the contract shall stand terminated and shall
cease to be in force and effect on and from the date appointed by HCL on that behalf,
where upon the contractor shall stop forthwith any of the contractor‟s work then in
progress except such work as HCL may, in writing, require to be done to safeguard
any property or work, or installations from damage a nd HCL, for its part, may take
over the work remaining unfinished by the contractor, and the contractor and his
sureties , if any, shall be liable to HCL for the excess cost occasioned by such work
having to be so taken over and competed by HCL over and above the cost at the rates
specified in the schedule of rates.
13.3
Without determining the contract to take over the work of the contractor or any part
thereof and complete the same through a fresh contractor or by other means, at the risk
and cost of the contractor, the contractor and his sureties, if any being liable to HCL
for any excess cost at the rates specified in the schedule of rates.
13.4
Before determining the contract, as aforesaid and provided that in the judgement of
HCL the default or defaults committed by the contractor is or are curable and can be
cured by the contractor if an opportunity is given to him so to do HCL may by notice
in writing call upon the contractor to cure the default within such time as may be
specified in the notice.
13.5
In event of HCL proceeding in the manner prescribed in sub-clause 13.2 or in subclause 13.3 above the whole or part of the security deposit furnished by the contractor
is liable to be forfeited without prejudice to the right of HCL to recover from the
contractor the excess cost referred to in the sub-clause aforesaid. HCL shall also have
the right of taking possession of and utilizing in completing the work or any part
thereof, such materials, equipment and plant belonging to the contractor as may be at
the site of the work and necessary therefore and the contractor shall not be entitled to
any compensation for use of or damage to such materials, equipment and plant.
AND
The money that may have become due to the contractor on account of work executed
by him until after the expiry of six (6) calendar months reckoned from the date of
termination of contract or from the taking over the work of part thereof by HCL as the
case may be during which period the responsibility for faulty materials or
workmanship in respect of such work shall under the contract rest exclusively with the
contractor and such money shall be subject to deduction of all amounts due from HCL
9
to the contractor ,whether under the terms of the contract or otherwise, are authorised
or required to be reserved or retained by HCL.
13.6
HCL shall also have the right to proceed in the manner prescribed in sub clause 13.2
above in the event that the contractor becomes bankrupt or insolvent or compounds
with his creditors or any assigns the contract in favor of his creditors or any other
person or persons, or being a company or a Corporation goes into voluntary
liquidation provided that in the said events, it shall not be necessary for HCL to give
any prior notice to the contractor
13.7
Termination of the contract as provided for in sub-clause 13.2 above should not
prejudice or affect the rights of HCL, which may have accrued up to the date of such
termination.
13.8
Upon such termination by HCL contractor shall terminate all work.
13.9
On such termination by HCL under clause-13, HCL may carry out work necessary to
complete either by itself or through its agent or may recontract with any person(s) to
execute the work.
13.10 On such termination by HCL under clause-13, HCL shall be entitled to detain payment
which may otherwise be then due at the moment under the contract by it to the
contractor or such part thereof as may be necessary to the payment of the cost of
execution of such work.
13.11 Notwithstanding the provisions contained in clause-13 the contract can, however, be
short closed at the sole discretion of HCL without assigning any reason whatsoever by
giving 2(two) months‟ notice and in such event the contractor will not be eligible for
any compensation due to the same.
14.
15.
FORCE MAJEURE: No failure or omission to carry out the provisions of the contract
shall give rise to any claim by HCL against the contractor if such failure or omission
arises from an act of God which shall mean all natural calamities such as fire, flood,
earthquake, hurricane or any pestilence or for the compliance with any statue or
regulation of the Government or from any war, civil war or a state of insurrection.
Upon termination of the force majeure, performance of the agreement shall resume at
the specified terms and the performance of the contractor‟s duties shall be extended
for a period equal to he time during which the suspension was in effect. should
suspension remain in effect for a period of time in excess of 30 days from the date
either party deliver to the other written notice of the existence of that force majeure,
the party not effected by the force majeure shall have the right to cancel the contract.
Notice of suspension by either party shall not entitle him to suspend work or payments
except to the extent that such interference affects such work or payments.
ESCALATION: No Escalation of price for reasons whatsoever shall be allowed.
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SECTION –IV
16.
FREE SUPPLY: The following materials will be supplied free of any charges by HCL at
surface:
a) Drilling Machine: One drilling machine (M/C Cubex) with complete assembly in working
order (for the first time at work site).
b) Lubricants & spare parts as certified by Engineer in Charge and Engineer (Mines).
Requirement / replacement will be certified by Engineer- in-charge and Engineer (mines).
On completion / termination of contract, the contractor will return the tools and tackles so
issued to him. Special tools required for maintenance will be provided as and when
required on returnable basis. Any breakage or loss of tool shall be compensated by the
contractor at his own cost.
c) COMPRESSED AIR: Compressed air at 5.0 Kg/cm2 at the starting point of the work. Pipe
and their fittings will be provided by the company. Further extension of pipelines will be
the responsibility of the contractor. Under no circumstances leakage in the compressed air
supply line shall be permitted. No misuse / abuse of compressed air shall be permitted. If
contractor is found to use compressed air for other use than specified compressed air
supply will be withdrawn and the contractor will be responsible for any consequential
loss.
d) WATER SUPPLY: Water supply line for drilling will be provided by the Company at the
work starting point and the pipe and pipe fittings will be made available, further extension
of pipe line will be the responsibility of the contractor.
e) POWER SUPPLY: Power for operation of drilling machine will be supplied at a
convenient place close to machine. Connection to machine will be provided by the
company. Power supply maintenance will also be done by the company.
f) OFFICE CUM STORE: One office cum store will be provided at the surface of the mine
and one in underground.
g) CAP LAMPS: Cap lamps will be issued to the contractor‟s workmen at lamp room on
returnable basis in each shift. If any cap lamp is damaged / broken during execution of
work, contractor shall be charged as per Company rule.
h) DRAWINGS: Drawing showing the drill patterns and drill planes will be marked by the
Company‟s surveyor on the back of the working in underground.
i) SAFETY EQUIPMENT: Safety wears such as foot wear, helmet, belt, hand gloves and
other safety appliances as per the statute will be arranged by the contractor at his own
cost.
j) First aid material.
11
SECTION – V
PERFORMANCE OF WORK
17. EXECUTION OF WORKS: The work shall be executed in strict conformity with the
provisions of the contract documents and with such explanatory detail drawing,
specifications and instructions that may be furnished from time to time to the co ntractor by
the Engineer- in-charge whether mentioned in the contract or not. The contractor shall be
responsible for ensuring that works throughout are executed in the most substantial, proper
and workmanlike manner in strict accordance with the specifica tions and to the entire
satisfaction of the Engineer-in-charge.
18. CO-ORDINATION AND INSPECTION OF WORK: The co-ordination and inspection
of the day-to-day work under the contract shall be the responsibility of the Engineer- incharge or his authorised representative. The contractor, for each section in which the
aforesaid written instructions will be entered, will maintain a Work order book. The
contractor or his authorised representative by way of acknowledgement within 12 hours will
sign these.
19. SETTING OUT WORK: The engineer- in-charge shall furnish the contractor with all the
ring planes marked on the back/side of the working and the contractor shall set out each
hole in its designed angle and shall be solely responsible for such setting out.
SECTION-VI
CERTIFICATES AND PAYMENTS
20. SCHEDULE OF RATES AND PAYMENTS:
20.1CONTRACTOR‟S REMUNERATION: The price to be paid by the Company to the
contractor for the whole of the work to be done and for the performance of all the obligations
undertaken by the contractor under the contract documents shall be ascertained by the
application of the schedule of rate (the inclusive nature of which is more particularly defined
by way of application but not of limitation with the succeeding sub-clause of this clause) and
payment to be made accordingly to the work actually executed and approved by the Engineerin-Charge. The sum so ascertained shall (exception only as and to the extent expressly
provided herein) constitute the sole and inclusive of remuneration of the contractor under the
contract and no further other payment whatsoever shall be or become due or payable to the
contractor under the contract.
20.2 SCHEDULE OF RATES TO BE INCLUSIVE: The price rates quoted by the
contractor shall remain firm till the issue of final certificate and shall not be subject to
escalation. Schedule of rates shall be deemed to include and cover all costs expenses and
liabilities of every description and all risks of every kind to be taken in executing, completion
and handing over the work to the Company by the contractor. The contractor shall be deemed
to have known the nature, scope, magnitude and the extent of the work and materials required
through the contract document might not fully and precisely furnished them. He shall make
12
such provisions in the schedule of rate, as he may consider necessary to cover the cost of such
items of work and materials as may be necessary to complete the works.
21. PROCEDURE FOR MEASUREMENT/BILLING OF WORK IN PROGRESS:
21.1
MEASUREMENTS: All measurements shall be in metric system. All the
completed holes will be jointly measured by representative of the Engineer–in-charge and the
contractors authorized agent progressively. Such measurements will be got recorded in the
measurement book by the Engineer- in-Charge or his authorized representative and signed in
token of acceptance by the contractor or his authorized representative. Un-completed or
abandoned holes would not be taken as drilled and no payment shall be made for such
quantity. Preparation of site, maintenance of machine and other connected work carried out by
the contractor for the purpose of the drilling as specified in the scope of the work would in no
respect be considered as additional / extra item. The contractor will be paid against t he
running bill submitted by him monthly and duly certified by the Engineer-in-Charge for the
quantity measured, as mentioned above. The running bills shall be prepared on monthly basis
and shall be submitted in quadruplicate for the progress of the work e xecuted. The payment
will be made normally after 30 days from the month of completion of the job. However, the
R.A. Bills should be submitted to the Engineer- in-Charge within three weeks of completion of
work.
21.2
BILLING: The running bills shall be prepared on monthly basis and shall be
submitted in quadruplicate for the progress of work executed. The payment will be made
normally after 30 days from the month of completion of the job. However, the R.A. bills
should be submitted to the Engineer- in-Charge within three weeks of completion of work.
Payment shall be made by e-payment/RTGS payment within 30 days of presentation
of bills found complete in all respects. However, the statutory deductions like Income tax,
P.F. etc. will be made before making the payment.
21.3 RUNNING ACCOUNT PAYMENTS TO BE REGARDED AS ADVANCES: All
Running Account Payment shall be regarded as payments by way of advance against the final
payment only and not as payments for work actually done and completed. The final bill shall
be submitted by the contractor within one month from the date of physical completion of the
work, otherwise, the Engineer- in-Charge‟s certificate of the measurement and of the total
amount payable for the work accordingly shall be final and binding on all parties.
22. COMPLETION CERTIFICATE: When the contractor fulfils his obligation to apply for
completion certificate in respect of the work by submitting the completion documents along
with such application for completion certificate. The Engineer- in-charge shall normally
issue to the contractor the completion certificate with one month i.e. 30 days after receiving
an application therefor from the contractor after verifying from the completion documents
and satisfying himself that the work has been completed in accordance with the contract
documents. No completion certificate shall be given nor shall the work be deemed to have
been executed neither until all surplus materials and rubbish are cleaned off the site
completely nor until the work shall have been measured. The work will not be considered as
13
complete and taken over by HCL, until all the temporary works are removed and work site
cleaned to the satisfaction of the Engineer- in-charge. If the contractor fail to comply the
requirements of this clause on or before the date fixed for the completion of the work, the
Engineer- in-charge may at the expense of the contractor remove such surplus materials and
rubbish and dispose off the same as he thinks fit. The contractor shall forthwith pay the
amount of all expenses so incurred and shall have no claim in respect of any such surplus
materials as aforesaid except for any sum actually realized by the sale thereof. The
contractor, after obtaining the completion certificate, is eligible to present the final bill for
the work executed by him under the terms of contract.
23. COMPLETION DOCUMENTS: For the purpose of clause 23, the following documents
will be deemed to form the completion documents:
I. The technical documents according to which the work is carried out.
II. Certificate of final levels as sent out for the work.
24. FINAL DECISION AND FINAL CERTIFICATE: Upon completion of the work as
detailed in the scope of work and subject to the satisfaction of the Engineer- in-charge, in
general and in accordance with the provisions of the contract, and in particular about
satisfactory performance of the work and fulfilling all the obligations under the contract, the
Engineer- in-charge shall (without prejudice to the right of HCL to retain the provisions of
the relevant clause hereof) otherwise give a certificate herein referred to as final certificate
to that effect and the contractor shall not be considered to have fulfilled the whole of his
obligation under the contract until final certificate shall have been given by the Engineer- incharge notwithstanding any previous entry upon the work and taking possession, working
or using of the same or any part thereof by HCL.
25.CERTIFICATE AND PAYMENTS NO EVIDENCE OF COMPLETION: Except the
final certificate no other certificate or payment against a certificate or on general account
shall be taken to be an admission by HCL of the due performance of the contract or any part
thereof or of occupancy or validity of any claim by the contractor.
SECTION – VII
LABOUR LAWS AND SAFETY REGULATIONS
26. LABOUR LAWS :
26.1
No labour below the age of 18 (eighteen) years shall be employed on the work.
26.2
The contractor shall not pay less than what is provided under law to labourers engaged
by him on the work.
26.3
The contractor shall at his expense comply with all labour laws and keep HCL
indemnified in respect thereof.
14
26.4
Women employment will be regulated by the Mines Act and Regulation, Rules, etc.
framed hereunder.
26.5
The implementation of EPF/CPF of contractors Staff Members shall be contractor‟s
responsibility and shall be regulated as per prevailing practice in the project.
27. IMPLEMENTATION OF APPRENTICES ACT, 1961: The contractor shall comply with
the provision of the Apprentices Act, 1961 and the Rules and orders issue thereunder from
time to time, if he fails to do so, his failure will be a breach of the contract and the Engineerin-charge may, at his discretion, cancel the contract. The contractor shall also be liable for
any pecuniary liability arising of any violation by him of the provisions of the Act.
28. CONTRACTOR TO INDEMNIFY HCL:
28.1
The contractor shall indemnify HCL and every member, officer and employee of HCL
also the Engineer- in-charge and his staff against all actions, proceedings, claims,
demands costs and expenses whatsoever arising out of or in connection with the
matters referred to in clause- and elsewhere and all action, proceedings, claims,
demands, costs and expenses which may be made against HCL for or in respect of or
arising out of any failure by the contractor in the performance of his obligations under
the contract documents. HCL shall not be liable for or in respect of any demand or
compensation payable by law in respect or in consequence of any accident or injury to
any workmen or their person in the employment of the contractor or his sub
contractor, and contractor shall indemnify and keep indemnified HCL against all such
damage and compensation and against all claims, damages, proceedings, costs,
charges and expenses whatsoever in respect thereof or in relation thereto.
28.2
Should HCL have to pay any money in respect of such claims or demands as aforesaid
the amount so paid and the cost incurred by HCL shall be charged to and paid by the
contractor and the contractor shall not be at liberty to dispute or question the right of
HCL to make such payments notwithstanding the same may have been made without
his consent or authority or in law or otherwise to contrary.
28.3
In every case in which by virtue of the provisions of Section-12 sub –section (I) of
Workmen‟s Compensation Act, 1963 or any other applicable provision of Workmen‟s
Compensation Act or any other Act, HCL is obliged to pay compensation to a
workman employed by the contractor in execution of the works, HCL will recover
from the contractor the amount of the compensation so paid and without prejudice to
the rights of HCL under section-12, sub-section (2) of the said Act HCL shall be at
liberty to recover such amount or any part thereof by deducting it fro m the security
deposit or from any sum due to the contractor whether under this contract or
otherwise. HCL shall not be bound to contest any claim made under section –12, subsection (I) of the said Act, by the contractor in execution of the works, HCL will
recover from the contractor the amount of the compensation so paid, and without
prejudice to the rights of HCL under section-12, sub-section (2) of the said Act. HCL
shall be at liberty to recover such amount or any part thereof by deducting it from the
15
security deposit or from any sum due to contractor whether under this contractor
otherwise. HCL shall not be bound to contest any claim made under section-12, subsection (1) of the said Act, except on the written request of the contractor and upon his
giving to HCL full security for all costs for which HCL might become liable in
consequence of contesting such claim.
29. HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS: In respect of all
labour directly or indirectly employed in the works for the performance of the contractors
part of this agreement, the contractor shall comply with or cause to be complied with all the
rules and regulation of the local sanitary and other authorities or as framed by the Company
from time to time for the protection of health and sanitary agreements for all workers.
30. SAFETY REGULATIONS: In respect of all labour, directly or indirectly employed in
the work for the performance of contractors part of this agreement, the contractor shall at his
own expense arrange for all the safety provisions as per safety codes of Indian Standard
Institution, The Electricity Act, The Mines Act, Regulations, Rules and Order made
thereunder and such other Acts as applicable. The contractor shall observe and abide by all
fire and safety regulations of the Company before starting construction work. Contractor
shall consult with the Company‟s safety Engineer or Engineer- in-Charge and must make
good to the satisfaction of the Company any loss or damage due to fire to any portion of the
work done or to be done under this agreement or to any of the Company‟s existing property.
31. ARBITRATION: All questions, disputes or differences of any kind whatsoever arising out
or relating to the contract shall be refereed within two months of dispute by the parties to
this contract for decision to a sole Arbitrator who shall be the Project Head, or any Officer of
HCL mentioned by the said Project Head in that behalf. In the event of such an Arbitrator to
whom the matter is originally referred, is transferred or vacates his office by resignation or
otherwise refuses to act or is incapable of acting for any reasons whatsoever, the Project Head
shall appoint another person to act as an Arbitrator in his place in accordance with the terms
of this contract. Such persons shall be entitled to proceed from the stage at which it was left
by his predecessor.
There shall be no objection to any such appointment that the Arbitrator appointed is an officer
of the Company or that he had to deal with the matter to which this contract relates or that in
the course of his duty as such officer he had expressed views on all or any of the matters in
dispute or difference. No persons other than the project Head or his nominee can act as
Arbitrator.
The venue of arbitration shall be Khetri Copper Complex, Khetrinagar.
The award of Arbitrator shall be final and binding on the parties of this agreement.
Subject to the above, the provision of Arbitration Act, and Conciliation Act. 1996 and of all
the rules there under and all statutory modifications there of shall govern such arbitration
proceedings and shall be deemed to apply to and be incorporated in this contract.
32. JURISDICTION AND GOVERNING LAWS :
a)
JURISDICTION: For all disputes arising out of this contract, the jurisdiction shall be
with the Court at Khetri in Jhunjhnunu district of the State of Rajasthan.
16
b)
GOVERNING LAWS: The contract shall be governed by and constructed according to
the laws in force in INDIA.
Contractor shall adhere to safe operational practice and guard against hazardous and
unsafe working conditions and shall comply with all the bye laws approved by DGMS as
applicable for Khetri copper mine. These byelaws shall be made available to contractor (s)
before commencement work.
33. FIRST-AID & INDUSTRIAL INJURIES:
33.1
Contractor shall maintain first aid facilities for his employees.
33.2
Industrial injuries shall be reported promptly to Engineer- in-charge/HCL, and a copy
of contractor‟s report covering each personal injury requiring the attention of a
physician shall be furnished to HCL.
SECTION-VIII
TAXES & INSURANCES
34. TAXES: The contractor agrees to and does hereby accept full and exclusive liability for
the payment of any and all taxes including Turn-over tax, duties, octroi etc. now or hereafter
imposed, increased or modified, and all the sales taxes, duties, octrois, etc. now in force and
hereafter increased, imposed or modified from time to time in respect of works and materials
and all contributions and taxes for unemployment compensation, insurance and old age
pensions or annuities now or hereafter imposed by any Central or State Governmental
authorities which are imposed with respect to or covered by the wages, salaries or other
compensations paid to the persons employed by the contractor and the co ntractor shall be
responsible for compliance with all obligations and restrictions imposed by the labour law or
any other law affecting employed employee relationship and the contractor further agrees to
comply, and to secure the compliance of all sub-contractors, with all applicable Central, State,
Municipal and local laws and regulations and requirements of any Central, State or Local
Authorities by reason of any violation by contractor or sub contractor of such laws regulations
or requirements and also from all claims suits or proceedings that may be brought against the
Company arising under; growing out of or by reasons of the work provided for by this
contract, by third parties, or by Central or State Government authority or any administrative
sub-division thereof. Statutory variation in the taxes and any other levies imposed by
Central/State Govt. after the tender submission date will be paid extra.
35. INSURANCE: Contractor shall at his own expenses carry and maintain with reputable
insurance companies to the satisfaction of the Company as follows:
35.1 EMPLOYEES STATE INSURANCE ACT: The contractor agrees to and does hereby
accept full and exclusive liability for the compliance with all obligations imposed by the
Employees State Insurance Act, 1948 and the contractor further agrees to defend, indemnify
and hold the Company harmless from any liability or penalty which may be imposed by
Central, State or Local Authority by the reason of any asserted violation by contractor or sub
contractor of the Employees State Insurance Act, 1948 and also from all claims, suits or
proceedings that may be brought against the Company arising under growing out of any
reasons of the work provided by this contract whether brought by employees of the contractor,
by third parties or by Central Or State Government authority or any political sub-division
thereof. The contractor agrees to fill in with the Employee‟s State Insurance Corporation, the
17
Declaration Forms and all forms which may be required in respect to the contractor ‟s or subcontractor‟s employees, whose aggregate remuneration is Rs 400.00 per month or less and
who are employed in the work provided for or those covered by ESI from time to time under
the agreement. The contractor shall deduct and secure the agreement of the sub-contractor to
deduct the employee‟s contribution as per the first schedule of the Employees State Insurance
Act from wages and affix the employee‟s contribution Cards at wages payments intervals.
The contractor shall remit and secure the agreeme nt of the sub-contractor to remit to the State
Bank of India, Employee‟s state Insurance Corporation Account, and the employees‟
contribution as required by the Act. In respect of employees and payments and the contractor
shall secure the agreement of the sub-contractor to maintain such records. Any expenses
incurred for the contributions, making contributions or maintaining records shall be the
contractor or sub contractor account. The Company shall retain such sum as may be necessary
from the total Contract value until the contractor shall furnish satisfactory proof that all
contributions as required by the Employees State Insurance Act, 1948 have been paid.
35.2 WORKMEN‟S COMPENSATION AND EMPLOYER‟S LIABILITY INSURANCE:
Insurance shall be affected for all the contractor‟s employees engaged in the performance of
this contract. If any of the work is subleted, the contractor shall require the sub-contractor to
provide Workmen‟s Compensation and employer‟s liability insurance for the latter‟s
employees. If such employees are not covered under the contractor‟s insurance.
35.3 ANY OTHER INSURANCE REQUIRED UNDER LAW OR REGULATIONS OR
BY THE COMPANY: Contractor shall also carry all other insurance, which he may be
required under, any law of regulation from time to time. He shall also carry all other
insurance, which he may be required under any law of regulation from time to time. He shall
also carry and maintain any other insurance, which may be required by the Company.
35.4 ACCIDENT OR INJURY TO WORKMEN: The co mpany shall not be liable for or in
respect of any damages or compensation payable at law in respect of the consequence of any
accident or injury to any workmen or other person in the Employment of the contractor or any
sub-contractor save and except an accident or injury resulting from any act or default of the
Company, his agents or servants and the contractor shall indemnify and keep indemnified the
Company against all such damages and compensation (save and expect as aforesaid) and
against all claims, demands, proceedings, costs, charges and expenses whatsoever in respect
or in relation thereto.
36. DAMAGE TO PROPERTY: Contractor shall be responsible for making good to the
satisfaction of the Company any loss or damage to all structures and properties belonging to
the Company or being not executed or procured or being procured by the owner or other
agencies within the premises of all the work of the Company, if such loss or damage is due to
fault and/or the negligence or willful acts or omission of the contractor, his employees, agents,
representative or sub contractors. The contractor shall indemnify and keep the company
harmless of all claims for damage to property other than the Company‟s property arising
under or by reason of his agreement if such claims result from the fault and/or negligence or
willful acts or omission of the contractor, agents, representatives or sub-contractor.
37. VOCATIONAL TRAINING: Vocational training to the contractors 18 employees,
required to perform the work will be given before starting the job at free of cost. If contractor
18
desires to impart training to additional manpower, a training fee of Rs 100 per person per day
will be charged.
38. MEDICAL EXAMINATION: All persons to be employed by the contractor shall be
medically fit, their medical examination shall be carried out at KCC hospital free of charge
for the minimum required manpower.
39. DEDUCTION OF P.F. & FAMILY PENSION: The contractor shall comply with the
provision of Employees Provident Fund and Miscellaneous Provisions act 1952 and schemes
and rules etc, framed there under and Workman Compensation Act, 1923 and the rules etc.
framed there under and all other laws of the land applicable to the employees of the
Contractors (Including sub- contractor if terms & conditions allow). The Contractor shall
deduct an Employee‟s Contribution as applicable towards Provident Fund and Pension
Scheme from the wages of their employees. The contractor shall contribute on his behalf an
employer‟s contribution, the equal amount of provident fund and family pension and
aforesaid. The said employees‟ and employer‟s provident fund contribution shall be deposited
by the Contractor with the respective P.F. Authority before 15 th of each month. The
Contractor shall at all times indemnify the company against all claims, damages compensation
etc. that might be said or become payable by the company under the said Employees
Provident Fund and miscellaneous provision act 1952 and workmen‟s compensation act 1923
and all other labour, industrial and other laws of the land applicable to the employees engaged
by the contractor (Including sub –contractor if terms & conditions allow).
Before commencement of work, the contractor must submit the copy of insurance covered
under workmen‟s compensation act- 1923 of his laboures going to depute under his work
order in central human resource department ; and then only they can allow starting the work.
40. PAYMENT OF BONUS: The provision for payment of bonus to workmen engaged by
the contractor / agency under the „payment of bonus act‟ will be the contractor‟s
responsibility & shall be inclusive in the rate.
41. AGREEMENT: It shall be the responsibility of tenderer to submit the signed copies of the
agreement as given in the NIT at ANNEXURE-III to the Engineer-In-Charge within one
month of issue of acceptance of tender. Failure on the part of tenderer to submit the same in
time will lead to withholding of payment. The written agreement governing the contract, to be
entered into between the Company and tenderer shall in all respect, be deemed to be and shall
construe and shall operate as an Indian Contract in conformity with Indian Laws, and shall
subject to the jurisdiction of the Court at Khetri, Distt. Jhunjhunu (Rajasthan).
42. SERVICE TAX:
Service tax shall be paid extra by HCL if claimed in the bills so that HCL can avail
CENVAT for the same. No subsequent claim on this account shall be entertained by HCL.
All other applicable taxes and levies to be mentioned separately otherwise will be treated
as inclusive.
(S. D. Sharma)
Asstt. General Manager (Mines)
19
ANNEXURE-I
BANK GUARANTEE
( ON NON-JUDICIAL STAMP-PAPER OF APPROPRIATE VALUE )
To,
Hindustan Copper Limited,
Khetri Copper Complex
Khetrinagar
Dear Sir,
M/s---------------------------------------------------------------------- upon being awarded the
work of 6,000 m of large diameter drilling for Hindustan Copper Limited at Kolihan mine
under Tender/LOI/Work Order No. …………………. approached us with the request to
furnish Hindustan Copper Limited at Khetri Copper Complex a Bank Guarantee for Rs. ----------------------only ( Rupees ------------------------------------------- only ) towards security
deposit. At their request and in consideration of the promises we ------------------------------------------------------------------------------ have agreed to give guarantee as hereinafter mentioned.
1. We ------------------------------------------------------------------------------ hereby agree and
undertake that if in your opinion any default is made by the said M/s -----------------------in performing any of the terms and/or conditions of the agreement or if in your opinion he
commits any breach of agreement or there is any demand by you against the said M/s. ---------------------------------------------------------------------------------------------------- then on
notice to us by you we shall on demand without demur and without reference the said
M/s.
----------------------------------------------------------------------------------------------immediately pay to your, in any manner in which you may direct, the said amount of Rs.--------- only (Rupees ------------------------------------------- only ) or such portion thereof as
may be demanded by you not exceeding the said sum and as you may from time to time
require. Our liability to pay is not dependent or conditional on your proceeding against the
said M/s -------------------------------------------------- and we shall be liable to pay the
aforesaid amount as and when demanded by you merely on a claim being raised by you
and even before any legal proceedings are taken against the said M/s ---------------------------------------.
2. You will have full liberty without reference to us and without affecting this guarantee.
Postpone for any time or from time to time the exercise of any of the powers and rights
conferred on you under the contract with the said M/s. ---------------------------------------------------------------------------------------------------------------------------------- and to enforce
or to forbear from endorsing any power or rights or by reason of time being given to the
said M/s. -------------------------------------------------------------------- which under law
relating to sureties would but for the provision have the effect of releasing us.
3. Your right to recover the said sum of Rs. ---------------- only (Rupees ---------------------------- from us in manner aforesaid will not be affected or suspended by reason of the fact
20
that any dispute or disputes have been raised by the said M/s. ------------------------------------------------------------ and/or that any dispute or disputes are pending before any officer,
tribunal or court.
4. Our guarantee herein contained shall not be determined or affected by the liquidation or
winding up of dissolution or change or constitution or in solvency of the said M/s. ---------------------------------------------- but shall in all respects and for all purposes be binding
and operative until payment of all money due to you in respect of such liability or
liabilities.
5. Our liability under this guarantee is restricted to Rs. -------------------only (Rupees -------------------------------- only). Our guarantee shall be valid upto ---------------- and we are
liable to pay the guaranteed amount or any part thereof under the Bank Guarantee only
and only if you serve upon us a claim or demand or a suit/action to enforce a claim under
guarantee is filed against us on or before ----------------------.
6. We have power to issue this guarantee in your favor under Memorandum and Articles of
Association and the undersigned has full power to do under the power of attorney dated -------------------- granted to him by the Bank.
Yours faithfully,
------------------------------------------------------------------------------------------- Bank
(Signature of a person duly authorized to sign on behalf of the Bank).
21
ANNEXURE II
Submission of Tender
From:
Date:
…………………………….
…………………………….
…………………………….
To
Chief Manager(Mines)
Khetri CopperComplex
P.O.Khetrinagar 333504
Distt. Jhunjhunu (Raj.)
Sub:Tender for 6,000 metres of large diameter drilling (165 mm) in underground stopes of
Khetri Copper Mine of Khetri Copper Complex
Having carefully examined all the tender documents attached to your invitation to
tender No. HCL/KCC/MINING/KM-LDD/2010
Dated ……………………, we offer to
complete the work in conformity with all the Specifications, Drawings. Time Schedule of
Completion of work and other tender documents and papers, as detailed in the tender
documents.
1.
We understand conditions stated in invitation to Tender, instructions to Tenderers. Terms
& conditions of the Contract, technical that the time stipulated for completion of work in
all respect mentioned in the “Time Schedule” of completion of work and signed and
accepted by us is the essence of the CONTRACT. We agree that in case of our failure to
strictly observe the Time of Completion mentioned for work or any of them and to the
final completion of the work in all respects according to the Schedule set out in the said
“Tender Schedule” of completion of work, we shall pay compensation to you, as per
provision and stipulations contained in the Terms & Conditions.
2.
We certify that we have carefully read each and every condition and Technical
Specifications given in this tender document and understood the same, and we confirm
our acceptance of the same.
3.
We agree to abide by this tender initially for a period of 180 days from the last date fixed
for the receipt of tender by you, and our quoted price shall remain firm and binding on us
and order may be accepted at any time before the expiry of that period. We also agree that
we shall not withdraw this tender during this period of 180 (one hundred eighty) days.
22
4.
Should this tender be accepted, we hereby agree to abide by and fulfil all Terms and
Conditions of tender document and in default thereof, to forfeit and pay to HCL or its
Successors or its Authorised Nominees such sums of money as are stipulated in
Conditions contained in tender document together with the written acceptance. We
understand that you are not bound to accept the lowest or any Tender, without assigning
any reason.
5.
We enclose herewith evidence of our experience of execution of works of similar nature
and magnitude carried out by us. We are enclosing a list of similar works carried out by us
in the past, giving details of the works such as name of Owner, name of work, value of
work, scheduled period of completion, actual period of completion, the reasons for delays
(if any) etc. We are also enclosing letters of appreciation from various clients, for whom
we had carried out works of similar nature and magnitude.
6.
Unless and until a formal CONTRACT is prepared and executed, this tender together with
written acceptance thereof, shall constitute a binding CONTRACT between HCL and
ourselves.
Dated this………day of………………2010
For and on behalf of
(with seal)
Witness :
Signature…………………………
Name in block letters:
Name…………………………….
In the capacity of………………..
………………………………….
Address:
DULY AUTHORISED TO SIGN TENDER
23
PROFORMA OF AGREEMENT
ANNEXURE-III
(On Non-Judicial Stamp Paper of Appropriate Value)
CONTRACT AGREEMENT FOR THE WORK OF LARGE DIA DRILLING
DATED… …2010 (TWO THOUSAND TEN) BETWEEN M/s ……… ……………the
town of …………………….. hereinafter called the “CONTRACTOR” (which term shall
unless excluded by or repugnant to the subject or context include its successors and permitted
assignees) of the one part the Hindustan Copper Limited, hereinafter called the “Owner”
(which term shall unless excluded by or repugnant to the subject or context include its
successors and assignees) of the other part.
WHERE AS:
A. The Owner being desirous of having provided and executed certain works mentioned
enumerated or referred to in the tender documents including Short Tender Notice, General
Tender Notice, General Condition of the Contract, Special Condition of the Contract,
Specifications, Drawings, Plans, Time Schedule of Completion of Jobs, agreed variations,
other documents as called for Tender.
B. The Contractor has inspected the site and Surrounding of the work specified in the tender
documents and has satisfied himself by careful examination before submitting his tender as to
the nature of the surface, strata, soil, sub-soil and ground, the form and nature and of the site
and local conditions, the quantities, nature and magnitude of the work, the availability of
labour and materials necessary for execution of work, the means of access to site, the supply
of power and water thereto and the accommodation he may require and has made local and
independent enquiries and obtained complete information as to the matters and things referred
to, or implied in the tender document or having any connection therewith, and has considered
the nature and extent of all probable and possible situations, delays, hindrances or
interferences to or with the execution and completion of the work to be carried out under the
contract and has examined and considered all other matters, conditions & things and probable
and possible contingencies, and generally all the matters incidental thereto and ancillary
thereof affecting the execution and completion of work and which might have influenced him
in making his tender.
C. The Notice Inviting Tender, General Conditions of Contract, Special Condition of the
Contract, General obligations, specifications, Drawings, Plans, Time Schedule of Completion
of Jobs. Letter of acceptance of tender and any statement of agreed variations with its
enclosures, copies for which are thereto annexed form part of this contract through separately
set out herein and are included in the expressions “CONTRACT” wherever herein used.
AND WHEREAS
The Owner accepted the Tender of the contract for the provision and the execution of the said
work at the rates stated in the Schedule of Quantities of works and finally approved by Owner
(hereinafter called the “Schedule or Rates”) upon the terms and subject to conditions of the
the Contract.
NOW this agreement witnessed and it is hereby agreed and declared as follows:
1
In consideration of the payment to be made to the contractor for the work to be
executed by him the contractor hereby covenants with the Owner that the contractor shall
24
and will duly provide, execute and complete the said works and shall do and perform and
all other acts and things in the contract mentioned or described or which are to be implied
there from or may be reasonably necessary for the completion of said works and at the
said times and in the manner subject to the terms and conditions or stipulations mentioned
in the contract.
2
In consideration of the due provision of the said work the owner does there by agree with
the contractor that the Owner will pay to the contractor the respective amount for the work
actually done by him and approved by the owner at the Schedule Rates and such other
sum payable to the contractor under provision of contract, such payment to be made at
such time in such manner as provided for in the contract.
AND
3
In consideration of the due provision, execution and completion of the said works the
contractor does hereby agrees to pay such sum as may be due to the Owner for the
services rendered by the Owner to the contractor, such as power supply, water supply and
others as set for in the said contract and such other sums as may become payable to the
Owner towards the controlled items of consumable materials or towards loss, damage to
the owner‟s equipment, materials construction plant and machinery, such payments to be
made at such time and in such manner as is provided in the contract.
It is specifically and distinctly understood and agreed between the Owner and the
contractor that the contractor shall have no right, title or interest in the site made available
by the Owner for execution of the work or in the building, structures or works executed on
the said site by the contractor or in the goods, articles, materials, etc. brought on the said
site (unless and the same specifically belongs to the contractor) and the contractor s hall
not have or deemed to have any lien whatsoever charge of unpaid bills nor will be entitled
to assume or retain possession or control of the site or structures and the owner shall have
an absolute and unfettered right to take full possession of the site and to remove the
contractor, his servants, agents and materials belonging to the contractor and laying on the
site.
The contractor shall be allowed to enter upon the site for execution of the works only as a
license similiciter and shall not have any claim, right, title or interest in the site or the
structures erected thereon and the Owner shall have be entitled to cancel such license at
any time without assigning any reason.
In witness whereof the parties have executed
above written.
Signed and delivered for and on
behalf of Hindustan Copper Limited.
………………………………..
DATE…………………………
PLACE:……………………..
In presence of witnesses:
1.---------------------------------2.----------------------------------
these present in the day and the year first
Signed and delivered for and on
behalf of Contractor.
……………………………….
DATE:………………………..
PLACE:……………………….
----------------------------------------------------------
25
Form-I
HINDUSTAN COPPER LIMITED
KHETRI COPPER COMPLEX
No. HCL/KCC/MINING/KM-LDD/2010
SCHEDULE OF RATES
Sub: Tender for 6,000 Mtr. of large diameter drilling (165 mm) in underground stopes of
Khetri Copper Mine of Khetri Copper Complex
--------------------------------------------------------------------------------------------------Name of Work
Quantity
Rate
(Mtr.)
Rs/m
Total Amount
(Rs)
-------------------------------------------------------------------------------------------------Large Dia Drilling
6,000
(165 mm) Diameter
-------------------------------------------------------------------------------------------------Total Amount in words: Rs.
SIGNATURE, NAME & ADDRESS OF THE TENDERER
26
FORM-II
HINDUSTAN COPPER LIMITED
KHETRI COPPER COMPLEX
No. HCL/KCC/MINING/KM-LDD/2010
Sub:
Tender for 6,000 Mtrs of large diameter drilling (165 mm) in underground stopes at
Khetri Copper Mine of Khetri Copper Complex
BREAK-UP OF PRICE IN PERCENTAGE
---------------------------------------------------------------------------Items
% of cost
---------------------------------------------------------------------------1. Labour cost
2. Establishment cost
3. Others (profit margin etc)
----------------------------------------------------------------------------Note: In this Form, the tenderer shall not in any way indicate the cost or rate for work quoted
by him. Only the break-up of the tendered cost in percentage is to be indicated.
SIGNATURE, NAME & ADDRESS OF THE TENDERER
27
FORM -III
HINDUSTAN COPPER LIMITED
KHETRI COPPER COMPLEX
No. HCL/KCC/MINING/KM-LDD/2010
Sub: Tender for 6,000 Mtrs of large diameter drilling (165 mm) in underground stopes of
Khetri Copper Mine of Khetri Copper Complex
1
EXPERIENCE OF THE BIDDER HIMSELF
Sr. No.
Particulars
1
Name
2
Qualification
3
PAN, TIN & service tax registration number
4
Experience of similar job
(ii)
Place, where experience was gained
(iii)
Year of experience
…………………………………………………………………………………………………
2
EXPERIENCE OF THE PERSONS TO BE EMPLOYED BY THE BIDDER:
1
Name
2
Qualification
3
Experience of similar job
(i)
Place, where experience was gained
(ii)
Year of experience
Note: Please attach the photo copies of the experience
SIGNATURE, NAME & ADDRESS OF THE TENDERER
28
ANNEXURE-IV
To be submitted in Duplicate (For Accounts hol der i n other than SBBJ)
MANDATE FORM FOR EL ECTRONIC PAYMENT THROUGH INTERNET
(For RTGS facility)
To,
Hindustan Copper Limited,
……………………………
……………………………
……………………………
Dear Sir,
Sub: Authorizat ion for release of pay ment due fro m HCL,………………………. through Electron ic fund
transfer RTGS.
(Please fill in the informat ion in CAPITAL LETTERS. Please TICK wherever it is applicable)
1. Name of the Party: …………………………………………………………………………..
2. Address of the Party: ………………………………………………………………………..
………………………………………………………………………..
City ………………………Pin Code…………………………………
PAN No ………………….e -mail ID…………………………………
3. Part iculars of Bank:
Bank Name
Branch Name
Branch Place
Pin Code
Branch City
Branch Code
MICR No.
( 9 dig its code number appearing on the MICR Band of the cheque supplied by the Bank. Please attach Xerox copy of
a cheque of your Bank for ensuring accuracy of the Bank name, Branch name and Code number)
Account Type
Savings
Current
Cash Cred it
Account Number (as appearing in the in the
Cheque Book)
RTGS/IFSC Code
4. Date fro m which the mandate should be effective:
I hereby declare that the particulars given above are correct and complete. If any transaction is
delayed or not effected for reasons of incomplete or incorrect information, I shall not hold Hindustan Copper
Limited responsible. I also undertake to advise any change in the particulars of my account to facilitate updation
of records for purpose of credit of amount through RBI EFT/ Internet/RTGS.
Place:
Date:
Signature of the Party/Authorized Signatory
---------------------------------------------------------------------------------------------------------------------Cert ified that particulars furn ished above are correct as per our records.
Bank‟s Stamp:
Date:
(Signature of the Authorized Official fro m the Banks)
N.B.: RTGS facilities Centre;
New Delhi, Chandigarh, Kanpur, Jaipur, Ahmedabad, Mu mbai, Nag pur, Hyderabad, Bangalore, Chennai,
Trivandru m, Kolkata, Bhubaneswar, Guwahati, Patna.
N.B .: RTGS charges if any, is to be borne by the party.
29