TECHNOPARK PHASE III THIRUVANANTHAPURAM

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(1)Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. TECHNOPARK PHASE III THIRUVANANTHAPURAM. E-TENDER FOR SUPPLY, INSTALLATION TESTING AND COMMISSIONING OF 25kWp ROOF TOP GRID CONNECTED SOLAR POWER PLANT AT 110kV SUBSTATION TECHNOPARK PHASE-III PART-I (Techno-Commercial Bid). Page | 1.

(2) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. TECHNOPARK PHASE-III THIRUVANANTHAPURAM. TENDER No. ETPK/PH-3/2017-18/E-04 SUPPLY, INSTALLATION TESTING AND COMMISSIONING OF 25kWp ROOF TOP GRID CONNECTED SOLAR POWER PLANT AT 110kV SUBSTATION TECHNOPARK PHASE-III (Bid-I – Techno Commercial Bid). Client/Owner. Ph: 91 471 2700222 Fax: 91 471 2700171 www.technopark.org. Page | 2.

(3) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. TECHNOPARK PHASE-3 TENDER NO. ETPK/PH-3/2017-18/E-04 CONTENTS: -. Page Nos. 1.. NOTICE INVITING TENDER. 4. 2.. INSTRUCTIONS TO TENDERERS. 6. 3.. GENERAL CONDITIONS OF CONTRACT. 19. 4.. SPECIAL CONDITIONS OF CONTRACT. 35. 5.. TECHNICAL SPECIFICATIONS. 39. 6.. ARTICLES OF AGREEMENT. 53. 7.. BANK GUARANTEE FORMAT. 56. 8.. BIDDER’S TECHNICAL INFORMATION SUMMARY. 59. 9.. FORMAT FOR WARRANTY CARD TO BE SUPPLIED. 61. 10.. ENGINEERING DRAWING OF STRUCTURE. 62. Page | 3.

(4) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. 1. NOTICE INVITING TENDER. TENDER No: ETPK/PH-3/2017-18/E-04 The Chief Executive Officer, Technopark, Trivandrum invites online bids for the work detailed below from reputed bidders having experience in the execution of similar works.. Name of work. -. PAC. -. Supply Installation Testing and Commissioning (SITC) of 25kWp Roof Top Grid Connected Solar Power Plant at 110kV Substation Technopark Phase-III. Rs. 18,75,000/-. Period of completion. -. 3 Months. Earnest Money Deposit. -. Rs.47,000/-. Cost of tender documents. -. Rs.2500/- + GST. Date of Pre-Bid Meeting. -. 11:00 am on 10-08-2017. Last date of submission of e-Tender. -. Up to 5 pm on 21-08-2017. Date of opening of Techno Commercial bid. -. Firm Period of the Tender. -. Place: Thiruvananthapuram Date: 04-08-2017. Page | 4. 3.30 pm on 25-08-2017 120 days from date of opening of bid. Chief Executive Officer Technopark, Thiruvananthapuram.

(5) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. Page | 5.

(6) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. 2. MINIMUM ELIGIBILITY CRITERIA (i).. The Bidder should be a valid MNRE Channel Partner empanelled by the Ministry of New and Renewable Energy under “Grid Connected Roof-top and Small Power Plants Programme”. (Certificate/ document issued by MNRE should be uploaded online). (ii).. The bidder should have successfully installed at least two grid connected solar photovoltaic power plants of at least 20kWp capacity during the last 5 years. Copy of work order & completion certificate from the client should be submitted as a proof of execution of the work. (Copy of work order and completion certificate should be uploaded online). (iii).. Annual turnover of the bidder should be at least Rs. 20lakh, in any of the last three financial years ending on 31st March 2017. (Copy of turn over certificate issued by chartered accountant should be submitted). (iv).. The Bidder should submit a valid PV Syst. Simulation Report based on Meteonorm/ 3Tier Data along with Technical Offer. The PV Power Plant should be designed with high quality components (PV Modules, Inverters etc.) so as to obtain a minimum Performance Ratio (PR) of 70% or above. (copy of simulation report should be uploaded online). (v).. Tenders submitted by joint venture companies shall not be accepted. (Copy of registration document of the contractor should be submitted). The above mentioned pre-qualification documents shall be sent via post to The Chief Executive Officer, Park Center, Technopark Campus, Trivandrum – 695581 in addition to the soft copy of the documents uploaded in the e-tender website within ten days after the last date of submission of the e-tender.. Page | 6.

(7) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. 3. TERMS AND CONDITIONS FOR e-TENDERING Technopark is a Government of Kerala Undertaking under the administrative control of Department of Information Technology, Government of Kerala. Government of Kerala has decided that the tenders floated by various Public Sector Undertakings are to be switched over to e-Tendering system. Accordingly, Technopark will also adopt etendering procedure hereafter Following Special instructions are being issued to the Vendors for the e-submission of the bids on line through the respective tender site: . Bidders shall get themselves registered in the Kerala Government e-Procurement System through the portal https://etenders.kerala.gov.in. . Digital Signature certificate / registration of Class II/III have to be obtained from one of the authorized Certifying Authorities.. . The registered e-token should be used by the bidder only and should not be misused by others.. . Bidders may submit the https://etenders.kerala.gov.in. . Bidders should login to the portal with the user credentials obtained during registration.. . Bidders can upload well in advance, the documents such as certificates, company credentials etc., under relevant option and these can be selected as per tender requirements and then sent along with bid documents during bid submission.. . Bidders can download the tenders from the portal and after downloading the same; the Bidder should go through them carefully and then submit the documents as required.. . Bidders have to upload the filled up price bid format available along with the respective tenders.. . In case any clarification is needed, this may be obtained online through the tender site, or through the contact details. Bidder should also take into account the corrigendum published, if any, before submitting the bids online.. . Bidders should keep ready the bid documents that have to be submitted as indicated in the tender schedule and they should be in PDF/xls formats. If there is more than one document, they can be clubbed together.. . Bidder should make the EMD and Tender fee payment through the online facility.. Page | 7. bid. documents. online. through. the. portal.

(8) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. . Bidders shall read the terms & conditions and accept the same to proceed further to submit the bids.. . Bidders have to submit the tender document online well in advance before the prescribed time to avoid any delay or during the submission process.. . After the bid submission, a print out of the acknowledgement number, given by the e-tendering system should be kept as a record of evidence for online submission of bid for the particular tender.. . The Tender Inviting Authority would not be responsible for any sort of delay or other difficulties whatsoever faced during the submission of bids online by the bidders.. . The tendering system will provide a successful bid updation message after uploading all the bid documents & then a bid summary will be shown with the bid no, date & time of submission of the bid with all other relevant details.. . The documents uploaded by the bidders should be digitally signed using the etoken of the bidder and then submitted.. . Bidder should log into the portal well in advance for bid submission so that the bid is submitted on time i.e. on or before the bid submission end time (as per Server System Clock). Bidder would be solely responsible for any such delay on their part.. . Maximum size of any single document that can be uploaded through the portal is 20 MB.. . Bidders should see that the bid documents submitted should be free from virus and if the documents could not be opened, due to virus, during tender opening, the bid is liable to be rejected.. . The time settings fixed in the server side & displayed at the top of the tender site, will be valid for all procedures of requesting, bid submission, bid opening etc., in the e-tender system. The bidders should follow this time during bid submission.. . All the data being entered by the bidders would be encrypted to ensure the secrecy of the data. The data entered cannot be viewed by unauthorized persons during bid submission & also remains so until the time of bid opening. In short, the submitted tender documents become readable only after the tender opening by the authorized personnel.. . The interested bidders can enrol themselves on the portal https://enters.kerala.gov.in using the option “Click Here” to Enrol. This enrolment is free at this point of time. Possession of a Valid Class II/III Digital Signature Certificate (DSC) in the form of smart card/e-token in your name is a prerequisite for registration and participating in the bid submission activities through this web. Page | 8.

(9) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. site. Digital signature certificate can be obtained from the authorized Certifying Agencies, details of which are available in the web site mentioned above under the link Information about DSC. Please note that the same DSC can be used for participating in other e-tendering also. This is only a one time procedure and would normally be valid for 2 years. . The portal https://etenders.kerala.gov.in has user manuals with detailed guidelines on enrolment and participation in the online bidding process. The user manuals can be downloaded for ready reference.. . Bidders can also attend the training/familiarization programme on e-tendering system conducted by the Kerala Govt Tenders information system in association with NIC at the following address:. Kerala State IT Mission E-Government Procurement PMU & Helpdesk Basement floor of Pension Treasury Building, Uppalam Road Statue, Thiruvananthapuram Phone: 0471-2577088, 2577188. (On all working days from 10.30am to 5.30pm). . Bidders may contact the above address and arrange for “Hands on Training”, if needed or also can obtain clarification over phone. We would request you to please obtain the DSC as above, familiarize with e-tendering process.. . The bidder should obtain the DSC as above, familiarize with e-tendering process.. 3.1 General Tender Terms & Conditions for e-Procurement This tender is an e-Tender and is being published online for the Supply Installation Testing and Commissioning (SITC) of 25kWp Roof Top Grid Connected Solar Power Plant at 110kV Substation Technopark Phase-III. The tender is invited in two cover system from the registered and eligible firms through e-procurement portal of Government of Kerala (https://www.etenders.kerala.gov.in). Prospective bidders willing to participate in this tender shall necessarily register themselves with above mentioned eprocurement portal. The tender timeline is available in the critical date section of this tender published in www.etenders.kerala.gov.in A).. Online Bidder registration process: Bidders should have a Class II or above Digital Signature Certificate (DSC) to be procured from any Registration Authorities (RA) under the Certifying Agency of India. Details of RAs will be available on www.cca.gov.in. Once, the DSC is obtained, bidders have to register on www.etenders.kerala.gov.in website for participating in this tender. Website registration is a one-time process without any registration fees. However, bidders have to procure DSC at their own cost. Bidders may contact e-Procurement support desk of Kerala State IT Mission over telephone at 0471-2577088/188/388 or 0484-2336006, 2332262 or 0497-2764788, Page | 9.

(10) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. 2764188 or 0483-273294 or through email: [email protected] or [email protected] for assistance in this regard. B).. Online Tender Process:. The tender process shall consist of the following stages: i.. Downloading of tender document: Tender document will be available for free download on www.etenders.kerala.gov.in. However, tender document fees shall be payable at the time of bid submission as stipulated in this tender document.. ii.. Pre-bid meeting: The pre-bid meeting for this work is scheduled on 10-08-2017, 11:00am at Park Center, Technopark.. iii.. Publishing of Corrigendum: All corrigenda shall be www.etenders.kerala.gov.in and shall not be available elsewhere.. iv.. Bid submission: Bidders have to submit their bids along with supporting documents to support their eligibility, as required in this tender document on www.etenders.kerala.gov.in No manual submission of bid is allowed and manual bids shall not be accepted under any circumstances.. v.. Opening of Technical Bid and Bidder short-listing: The technical bids will be opened, evaluated and shortlisted as per the eligibility and technical qualifications. All documents in support of technical qualifications shall be submitted (online). Failure to submit the documents online will attract disqualification. Bids shortlisted by this process will be taken up for opening the financial bid.. vi.. Opening of Financial Bids: Bids of the qualified bidder’s shall only be considered for opening and evaluation of the financial bid on the date and time mentioned in critical date’s section.. C).. published. on. Documents Comprising Bid:. (vi).. The First Stage (Pre-Qualification or Technical Cover based on 2 cover tender system):. Pre-Qualification or Technical proposal shall contain the scanned copies of the following documents which every bidder has to upload: a. The Bidder should be a valid MNRE Channel Partner empanelled by the Ministry of New and Renewable Energy under “Grid Connected Roof-top and Small Power Plants Programme”. (Certificate/ document issued by MNRE should be uploaded online) b. The bidder should have successfully installed at least two grid connected solar photovoltaic power plants of at least 20kWp capacity during the last 5 years. Copy of work order & completion certificate from the client should be submitted as a proof of execution of the work. (Copy of work order and completion certificate should be uploaded online) c. Annual turnover of the bidder should be at least Rs. 20lakh, in any of the last three financial years ending on 31st March 2017. (Copy of turn over certificate issued by chartered accountant should be submitted) Page | 10.

(11) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. d. The Bidder should submit a valid PV Syst. Simulation Report based on Meteonorm/ 3Tier Data along with Technical Offer. The PV Power Plant should be designed with high quality components (PV Modules, Inverters etc.) so as to obtain a minimum Performance Ratio (PR) of 70% or above. (copy of simulation report should be uploaded online). e. Tenders submitted by joint venture companies shall not be accepted. (Copy of registration document of the contractor should be submitted) The above mentioned pre-qualification documents shall be sent via post to The Chief Executive Officer, Park Center, Technopark Campus, Trivandrum – 695581 in addition to the soft copy of the documents uploaded in the e-tender website within ten days after last date of submission of the e-tender. The department doesn’t take any responsibility for any technical snag or failure that has taken place during document upload. vii.. The Second Stage (Financial Cover or as per tender cover system):. The Bidder shall complete the Price bid as per format given for download along with this tender. Note: The blank price bid should be downloaded and saved on bidder’s computer without changing file-name otherwise price bid will not get uploaded. The bidder should fill in the details in the same file and upload the same back to the website. Fixed price: Prices quoted by the Bidder shall be fixed during the bidder's performance of the contract and not subject to variation on any account. A bid submitted with an adjustable/ variable price quotation will be treated as non responsive and rejected. D).. Tender Document Fees and Earnest Money Deposit (EMD) The Bidder shall pay, a tender document fees of Rs. 2500/- (plus applicable GST) and Earnest Money Deposit or Bid Security of Rs. 47,000/-. The Bid security is required to protect the purchaser against risk of Bidder’s conduct, which would warrant the forfeiture of security. Online Payment modes: The tender document fees and EMD can be paid in the following manner through e-Payment facility provided by the e-Procurement system:. i.. ii.. State Bank of India (SBI) Internet Banking: If a bidder has a SBI internet banking account, then, during the online bid submission process, bidder shall select SBI option and then select Internet banking option. The e-Procurement system will re-direct the bidder to SBI’s internet banking page where he can enter his internet banking credentials and transfer the tender document and EMD amount.. National Electronic Fund Transfer (NEFT)/ Real Time Gross Settlement (RTGS): If a bidder holds bank account in a different bank, then, during the online bid submission process, bidder shall select NEFT / RTGS option. An online remittance form would be generated, which the bidder can use for transferring Page | 11.

(12) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. amount through NEFT / RTGS either by using internet banking of his bank or visiting nearest branch of his bank. After obtaining the successful transaction receipt no., the bidder has to update the same in e-Procurement system for completing the process of bid submission. Bidder should only use the details given in the Remittance form for making a NEFT / RTGS payment otherwise payment would result in failure in e-Procurement system. As NEFT payment status confirmation is not received by e-Procurement system on a real-time basis, bidders are advised to exercise NEFT mode of payment option at least 48 hours prior to the last date and time of bid submission to avoid any payment issues. For RTGS the timings that the banks follow may vary depending on the customer timings of the bank branches and settlement from RBI. Bidders are advised to exercise RTGS mode of payment at least 24 hours prior to the last date and time of bid submission to avoid any payment issues. NEFT / RTGS payment should done according to following guidelines: i.. Single transaction for remitting Tender document fee and EMD: Bidder should ensure that tender document fees and EMD are remitted as one single transaction.. ii.. Account number as per Remittance Form only: Account no. entered during NEFT/RTGS remittance at any bank counter or during adding beneficiary account in Internet banking site should be the same as it appears in the remittance form generated for that particular bid by the e-Procurement system. Bidder should ensure that tender document fees and EMD are remitted only to the account number given in the Remittance form provided by e-Procurement system for that particular tender. Bidders must ensure that the banker inputs the Account Number (which is case sensitive) as displayed in the Remittance form. No additional information like bidder name, company name, etc. should be entered in the account no. column along with account no. for NEFT / RTGS remittance.. iii.. Only NEFT / RTGS Remittance Allowed: Account to Account transfers, State Bank Group Transfers (GRPT), Payments from NRE Accounts, SWIFT Transfers, IMPS or Cash payments are not allowed and are treated as invalid mode of payments. Bidder must ensure that the banker does NEFT or RTGS (for above 2 lakhs payments as per RBI guidelines) transaction only and specially instruct the banks not to convert the payment type to GRPT or any other payment mode.. iv.. Amount as per Remittance form: Bidder should ensure that the amount being remitted is neither less nor higher than the amount shown in remittance form.. v.. UTR Number: Bidders should ensure that the remittance confirmation (UTR number) received after NEFT / RTGS transfer should be updated as it is, in the eProcurement system for tracking the payment.. vi.. One Remittance Form per Bidder and per Bid: The remittance form provided by e-Procurement system shall be valid for that particular bidder and bid and Page | 12.

(13) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. should not be re-used for any other tender or bid or by any other bidder. Any transaction charges levied while using any of the above modes of online payment has be borne by the bidder. The supplier/contractor's bid will be evaluated only if payment status against bidder is showing “Success” during bid opening. E).. SUBMISSION PROCESS: For submission of bids, all interested bidders have to register online as explained above in this document. After registration, bidders shall submit their Technical bid and financial bid online on www.etenders.kerala.gov.in along with online payment of tender document fees and EMD. For page by page instructions on bid submission process, please visit www.etenders.kerala.gov.in and click “Bidders Manual Kit” link on the home page. It is necessary to click on “Freeze bid” link/ icon to complete the process of bid submission otherwise the bid will not get submitted online and the same shall not be available for viewing/ opening during bid opening process.. Page | 13.

(14) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. 4. INSTRUCTIONS TO TENDERERS 4.1 A.. EMD/ SECURITY DEPOSIT/ RETENTION MONEY E.M.D Earnest Money Deposit prescribed shall be remitted in line with the online payment feature stipulated. EMD of the unsuccessful CONTRACTORs will be refunded without any interest on finalization of contract. The Bid Security/Earnest Money Deposit in full shall be forfeited.. i.. iv.. If the Bidder withdraws the Bid after bid opening during the period of bid validity including extended period of validity. OR If the successful bidder fails within the time limit to execute the contract agreement or fails to submit the required Performance Security/Security Deposit/Additional Performance Guarantee as specified in the tender conditions. OR If the bidder fails to convince Technopark about rationale of his bid price in the case of unbalanced bid along with sufficient performance guarantee. OR If any modifications is effected to the tender documents.. B.. SECURITY DEPOSIT/PERFORMANCE GUARANTEE:. ii.. iii.. The successful CONTRACTOR shall deposit an amount equal to 5% of the awarded contract value. The security deposit shall be furnished in the form of a Bank Guarantee from Nationalized/Scheduled Bank valid for the entire period of construction plus defect liability period within one week of award of the work. E.M.D. will be refunded to the contractor after remittance of the security deposit and execution of the agreement. The SECURITY DEPOSIT will be refunded to the contractor after the expiry of the Defects Liability Period as per the terms of the contract. C. ADDITIONAL PERFORMANCE GUARANTEE Additional performance guarantee will be required to be deposited, if the quoted amount by the bidder is between 10 to 25% below the estimated rate. Additional performance guarantee will be required in all cases where the quoted rate falls below 10% of the estimated cost. The 10% standard exemption will be applicable to all estimates quoted below estimated cost upto 25%. If the rate quoted by the contractor is x% below estimated cost (where x lies above 10% Page | 14.

(15) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. and upto 25%) the performance guarantee for an amount equal to (x-10)% of the estimate amount shall be deposited by the Contractor as additional performance guarantee. (also applicable for quotes below 25% of the PAC). This will be released only after satisfactory completion of the work without any interest. D.. RETENTION MONEY/ PERFORMANCE SECURITY DEPOSIT In addition to the performance guarantee, retention money shall be deducted from the running bills submitted by the contractor. This will be @2.5% of the gross amount of each running bill so that the amount so retained shall be 2.5% of the value of the work done till then. This can be released against Bank Guarantee on its accumulation to a minimum amount of Rs.5 lakh subject to the condition that the amount of Bank Guarantee except last one shall not be less than Rs.5 lakhs. The bank guarantee should be submitted in a format prescribed by Technopark. This Bank guarantee shall remain valid till completion of the work and expiry of defects liability period. The retention money will be released after settlement of final bill and expiry of defects liability period subject to the condition that there shall not remain to be executed by the contractor any works ordered during such period pursuant to Conditions of Contract. Technopark shall be entitled to withhold the payment until the completion of such work or so much of the balance of rate may as shall in the opinion of the Architect/ Consultant/Technopark represent the cost of the work so remaining to be executed. All the deposits of E.M.D., SECURITY DEPOSIT AND RETENTION MONEY will not bear any interest whatsoever.. E.. Income tax and surcharge on Income tax at the rate prevailing at the time of payment will be deducted from each running bill and final bill.. F.. All statutory payments in connection with the employment of the Workmen & Employees State Insurance for this work will be borne by the Contractor at the prevailing rates. The contractor is the employer of all the workers engaged for this work and should therefore take all required registrations and pay premiums correctly to labour welfare funds/Employees State Insurance, PF, Cess Act 1996 etc. The contractor will be responsible for the payment of minimum wages and compliance under the various enactments regarding the workers deployed by him.. 4.2. PERIOD OF VALIDITY The tender shall remain valid for acceptance for a period of 120 days from the date of submission of the tenders. If any CONTRACTOR withdraws his tender before the said period or makes any modifications in terms and conditions of the tender, then the “TECHNOPARK” has the liberty to forfeit the said Earnest Money Deposit.. Page | 15.

(16) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. 4.3. INSPECTION OF SITE Every CONTRACTOR is expected to inspect the site of the proposed work and acquaint himself with the site conditions approaches, availability of raw materials, geological and weather conditions etc. before quoting his rates. He must go through all the drawings, specifications and other tender documents. Any further clarifications in the drawings and documents can be had from the Technopark authorities.. 4.4. ALL INCLUSIVE RATES The contractor's rate quoted should be all inclusive including delivery of materials at the locations to be specified, and the cost of materials and labour for the civil works, installation and commissioning, warranties, taxes and duties. The price quoted should be inclusive of initial cost of Supply, Installation and Commissioning and service support during the warranty period of 3 years.. 4.4.1 The authorized representative of the “TECHNOPARK” reserves the right of accepting the whole or any part of the tenders received and the CONTRACTOR shall be bound to perform the same at the rate quoted. 4.4.2 The work shall be carried out under the direction and supervision of TECHNOPARK or their representative at site. On acceptance of the tender, the contractor shall intimate the name of his accredited representative who would be supervising the construction and would be responsible for taking instructions for carrying out the work. 4.4.3 The contractor should inspect the source of material, it’s quality, quantity and availability. The Technical Consultant's / TECHNOPARK's decision with regard to the quality of the material and workman ship will be final and binding, any material rejected by the Technical Consultant/ TECHNOPARK shall be immediately removed by the contractor. 4.5. SUB-LETTING: a. No part of the contract shall be sublet without the written permission and approval of TECHNOPARK nor shall transfers be made by 'Power of Attorney 'authorizing others to carry out the work or receive payment on behalf of the CONTRACTOR.. 4.6. DEFECTS LIABILITY PERIOD: Any defect developed within 'Defect Liability Period/Warranty period' of 3 years will have to be rectified by the contractor at their own cost and in case the defects are not rectified by the contractor in time, ”TECHNOPARK” or their representative shall get the work done at the risk and cost of the contractor.. Page | 16.

(17) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. 4.7. Schedule of Supply & Installation The items should be delivered and installed at the Roof top of 110kV substation Technopark Phase-III.. 4.8. The supply , installation, testing and commissioning of the entire project shall be completed within 3 months from the date of commencement of the work as specified in the clause No. 5.6 of the general conditions of the contract.. 4.9. Supply of the main components such as SPV module, Inverter etc. should be effected as per the makes/models offered (with valid test certificates) with the tender. The E.P.C contractor should take prior approval from TECHNOPARK for any change of Major Component/ Components such as Solar PV Module and Inverter, if the earlier approved make/model is not available at the time of execution of the project for any valid reason.. 4.10. The Supply, Installation, Testing and Commissioning of 25 kWp grid connected roof top solar power plant at 110kV substation Technopark Phase-III has to be completed and handed over within the stipulated time as per the tender conditions. If the contractor fails to complete and hand over the work within the specified period, the penalty shall be charged at 0.5% of the contract amount per week of delay till it is handed over or till the penalty reaches 5% of the contract amount, after which the Owner shall have the right to terminate the contract and/ or the balance work to be arranged at the risk and cost of the contractor unless and until the period of completion is suitably extended by the owner due to valid reasons.. 4.11. CONTRACTOR'S STORE AND SITE OFFICE: Suitable area near the site of work to the extent available shall be allotted to the contractor free of cost for storing his tools and plants, materials and for his site office and cement go-down. However, the structure will be provided by him at his own expense and he will be solely responsible for guarding his property and shall cover his property with requisite insurance against theft, fire etc. The contractor however will have to dismantle the sheds and vacate the land of all debris etc. at his own expense after completion of work.. 4.12 PAYMENT No advance payment will be given. Payment will be released on receipt of invoices and successful installation and commissioning of power plant. The terms of payment shall be: i. Page | 17. 20% of the Contract amount shall be paid after the erection of.

(18) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. complete Module Mounting Structures and receipt of the complete PV Modules at site. ii.. Remaining 20% of the Contract amount shall be paid after the completion of PV Module erection, DC side Wiring including the installation of SCBs/AJBs, DC Cabling and Inverter Installation.. iii.. Remaining 30% of the contract amount shall be paid on successful commissioning of the PV Power Plant. Balance 30% shall be retained as performance security as given below. Performance security shall not be released against bank guarantee.. iv.. Balance 20% of the contract amount will be paid on satisfactory performance of the Plant by monitoring the functioning of the Power Plant for a period of 3 months after commissioning of the Plant.. v.. Balance 5% of the contract amount shall be paid after one year after monitoring the PV Power Plant performance based on the actual power generation data for a period of 1 year. The Performance Ratio (PR) of the PV Power Plant is calculated by comparing the last 1 years’ historical production data and corresponding actual Solar Radiation Data measurement taken at the site. A variation of -3% is allowable from the PR submitted at the time of bidding. If the PR calculated in the first year of the PV Plant is not meeting the requirement, it will be again calculated in the second year based on the 2nd Year’s PV Plant performance.. If the contractor is not meeting the PR in the second year also, this 5% of the contract amount will be imposed as a penalty.. 4.13. vi.. The remaining 5% amount mentioned above shall be paid after the three-year warranty period based on satisfactory performance.. vii.. The security deposit furnished along with the contract agreement shall be released as per clause 4.1 (B) of the Instructions to Tenderers.. viii.. The deductions applicable against the RA bills submitted by the contractor shall be TDS (Income tax) @ applicable rates (Presently 1% for proprietorship concerns and 2% for private/ public limited concerns), Labour welfare fund @ 1% from the gross bill amount and other applicable taxes if any as per the GST regime.. Return of Surplus materials: Notwithstanding anything to the contrary surplus contained in any or all the clause of this materials contract, where any material for the execution of the. Page | 18.

(19) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. contract is procured with the assistance of the Technopark by purchases made under orders or permits or licenses issued by Government, the Contractor shall hold the said materials economically and solely for the purpose of the contract and not dispose of them without the prior written permission of the Technopark and return it to the Technopark, if required by the Technopark, at the price to be determined by the Architect having due regard to the condition of the materials, the price to be determined not to exceed the purchase price there of inclusive of sales-tax, octroi, and other such levies paid by the contractor in respect thereof. In the event of breach of the aforesaid condition, the contractor shall, in addition to being liable to action for contravention of the terms of licenses or permit and criminal breach of trust, be liable to honour for all moneys, advantages or profits resulting or which in the usual course would have resulted to him by reason of such breach. 4.14. 4.15. Right of Technopark to terminate Contract in the event of death of contractor if individual Without prejudice to any of the rights or remedies under this contract, if the contractor, being an individual, dies the Technopark shall have the option of terminating the contract without incurring any liability for such termination. WATER AND ELECTRICITY: Techno Park will facilitate the arrangement of electricity or water at the site and the payment for consumption to be made by the contractor. However the site arrangement may be done by the contractor.. 4.16. INSURANCE: The successful contractor shall take necessary Contractor’s All Risk Insurance Policy, jointly in the name of the TECHNOPARK and the contractor, and the original policy shall be deposited with the TECHNOPARK. This document will form part of the tender document and the agreement executed by the successful bidder.. Place: Date:. Chief Executive Officer, TECHNOPARK I / We hereby declare that I/ We have read and understood the above instructions and the terms and conditions mentioned above are binding on me/us.. SIGNATURE & SEAL OF THE CONTRACTOR Page | 19.

(20) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. 5. 5.1.. GENERAL CONDITIONS OF CONTRACT. DEFINITIONS. The following terms shall have the meaning here by assigned to them except where the context otherwise requires: a) TECHNOPARK Means ELECTRONICS TECHNOLOGY PARKS -KERALA b) TECHNICAL CONSULTANTS: c). Engineer shall be the person representing “TECHNOPARK”/Consultant supervising the work.. d) CONTRACTOR: Shall mean the successful E.P.C CONTRACTOR to whom the contract has been awarded e) CONTRACT: Shall mean and include the following:Notice inviting tender, tender form, General Conditions of Contract, General Specifications, special conditions, Article of Agreement, Technical Specifications, Unit Specifications, (Detailed Specifications), Drawings, Work Order and / or any other correspondences of negotiations g) SITE: Shall mean the actual place in, over or under which work is to be done, allotted by the TECHNOPARK for Contractor's use. h) WORK: Of the Contractor shall mean the successful supply, installation, testing and commissioning of the 25kWp Grid Connected Solar Power Plant at 110kV substation Technopark Phase-III. i) CONTRACT PRICE: Shall mean the sums referred to in the formal agreement, if any or the work order.. Page | 20.

(21) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. 5.2. DRAWINGS. 5.2.1 ISSUE OF DRAWINGS: The successful E.P.C Contractor shall submit all the Drawings for approval to TECHNOPARK. Drawings approved for construction will be issued to the Contractor progressively during the contract period and the Contractor shall arrange for the execution of the works and the procurement of materials accordingly. The Contractor shall give adequate notice in writing to the TECHNOPARK/Technical Consultant or his representative of any further drawings or specifications that may be required for the execution of the works or otherwise under the contract. 5.2.2. COPIES OF DRAWINGS TO BE KEPT AT SITE: One copy of the drawings furnished to the Contractors aforesaid shall be kept at the site and the same shall at all reasonable times be available for inspection and use by the “Technopark” or their representative and by any other person authorized by the “Technopark” in writing.. 5.2.3. ISSUE OF FURTHER DRAWINGS AND INSTRUCTIONS: The TECHNOPARK/Technical Consultant shall have full power and authority to supply to the Contractor from time to time through his representative, during the progress of the works such further drawings and instructions as shall be necessary for the purpose of proper and adequate execution and maintenance of the works and the Contractor shall carry out and be bound by the same.. 5.2.4 OWNERSHIP OF DRAWINGS: All drawings supplied to the Contractor are deemed to be the property of the TECHNOPARK. The Contractor agrees not to divulge or use, except for the purpose of this contract, any information contained in the drawings. 5.2.5 EXECUTION AS PER DRAWINGS: The Contractor must not vary or deviate from the drawings in any respect while executing the work or executing any extra work of any kind whatsoever unless authorized by Technopark. 5.2.6 PLANS AND DRAWINGS TO BE SUBMITTED BY THE CONTRACTOR: The Contractor shall submit the following information in triplicate to Technical Consultant/ Technopark for approval within the time stipulated for each item mentioned below:-. Page | 21.

(22) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. a). A general tentative layout plan of construction plant and equipment for the execution of work within 10 days from the date of receipt of work order.. b). Drawings or prints showing the location of major equipment, its foundations and other items which he proposes to put up at the site, including any changes in the general layout, at least 7 days prior to the commencement of the respective work.. c). Layout and details of temporary works that the Contractor wants to carry out to fulfil his obligation under the contract within 15 days the Consultant/ Technopark will gives their approval /comments sufficient to proceed with the work or objections /instructions to the Contractor based on which the drawings shall be revised and submitted again for approval by the Contractor. All these plans and drawings submitted by the Contractor and approved by the Consultant/Technopark shall become part of the contract.. 5.3. GENERAL OBLIGATIONS. 5.3.1 INSPECTION OF SITE ETC. BEFORE SUBMISSION OF TENDER: The Contractor shall inspect and examine the site and its surroundings, and shall satisfy himself before submitting his tender, as to the nature of the ground, form and nature of the site, the quantities and nature of work and materials required for the completion of the works, the means of access to the site, the local labour conditions, the facilities available at site, the accommodation he may require and in general shall obtain all necessary information as to the risks, contingencies and other circumstances which may influence or affect his tender. 5.3.2 SUFFICIENCY OF TENDER: The Contractor shall be deemed to have satisfied himself before tendering as to the correctness and sufficiency of his tender for the works and of the rates and prices stated in the priced bill of quantities and the schedule of rates and prices, if any, with tender rates and prices shall cover all his obligations under the contract and all matters and things necessary for the proper completion and maintenance of the work. 5.3.3 CLARIFICATION BEFORE SUBMITTING TENDERS: Should the Contractor notice any discrepancy or error in the statement made, or quantities or units shown against items, he shall bring it to the notice of the “TECHNOPARK” / Architect/Consultant in the pre-bid meeting and obtain the clarification before submitting the tender. The tender shall be based on such clarifications received and shall be recorded as such in the minutes of the pre-bid meeting, which shall form part of the tender, failing which the “TECHNOPARK” shall have the right to ask the Contractor to execute the work according to the Page | 22.

(23) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. statement made or quantities or units shown in the tender, without any compensation. 5.3.4 It is specifically understood that the moment the tender is submitted the contractor shall be deemed to have complied with the conditions in clause 5.3.1 and 5.3.2 and has satisfied himself about the requirement there in. 5.4. TENDERS OPEN FOR: The tender shall remain open for acceptance for a period of 120 days from the date of submission of the tender.. 5.5. COMMENCEMENT OF WORK: The Contractor shall commence the work at site, within 15 days of issue of formal work order or date of handing over of the site whichever is later or being advised by the TECHNOPARK unless otherwise specified, and shall proceed with the same with due expedition.. 5.6. PROGRAMME OF WORK: Soon after the award of contract, the Contractor shall submit to the TECHNOPARK for his approval a project schedule to match with the planned completion of the whole job showing the order of procedure and method in which he proposes to carry out the works and shall whenever required by the TECHNOPARK or TECHNOPARK’s representative, furnish further detailed programme in an approved format and particulars in writing of the Contractor's arrangements for carrying out the works and of the constructional plant and temporary works, which the Contractor in tends to supply, use or construct as the case may be. The submission to and approval, if any, by the TECHNOPARK or representative of such programmes or particulars shall not relieve the Contractor of any of his duties or responsibilities under the contract.. 5.7. CONTRACTOR'S EMPLOYEES: The Contractor shall provide and employ at site in connection with the execution and maintenance works. a) Only such technical assistants as are skilled and experienced in their respective fields and such sub-agents, foreman and leading hands as are competent to give proper supervision to the work they are required to supervise and, b) Such Skilled, semi-skilled and unskilled labour as is necessary for the proper and timely execution and maintenance of works.. Page | 23.

(24) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. 5.8. REMOVAL OF WORK MEN: The Consultant/TECHNOPARK shall be at liberty to object to and require the Contractor to remove forth with from the works any person employed by the Contractor in or about the execution or maintenance of the works who in the opinion of the Architect miss-conducts himself or is in competent or negligent in the proper performance of his duties or whose employment is otherwise considered by the Architect to be undesirable and such person shall be replaced by the Contractor without delay by a competent substitute approved by the TECHNOPARK.. 5.9. COMMUNICATIONS TO BE IN WRITING: All references, communications, correspondences made by the TECHNOPARK, the Technical Consultant, or the Contractor concerning the works shall be in writing and no reference, communication, or complaint which is not in writing, and shall be recognized.. 5.10 OCCUPATION AND USE OF LAND: No land, building belonging to or in the possession of the TECHNOPARK shall be occupied by the Contractor. The Contractor shall not use, or allow to be used, the site for any purpose other than that for executing the works. Under no circumstances, the roads within Techno park campus shall be used for dumping/collection of materials by the contractor. 5.11. CONSTRUCTION OF SITE-SHED: Any site-shed, proposed to be temporarily constructed by the Contractor for his office work, storage of materials etc., shall conform to the standard sketch, or to the plan approved by Technopark. Permission for the construction of such sheds shall be obtained in writing.. 5.12. MATERIALS, TOOLS AND PLANT: All materials required for the execution of the works other than those mentioned in the Notice Inviting Tender if any, shall be supplied by the Contractor. Materials so supplied shall have the approval of the Consultant/Technopark before using on the works. All the rejected materials shall be removed at once from the site of work at the Contractor’s own cost.. 5.13. TOLLAGES ETC.:. The Contractor shall pay all tollages and other royalties, rent and other payments or compensations, if any forgetting stone, gravel, sand, clay and all other materials required for the works. Page | 24.

(25) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. 5.14 SETTING OUT: The Contractor shall be responsible for the true and proper setting out of the works and for the correctness of the position, levels, dimensions and alignment of all parts of the works and for the provision of all necessary instruments, appliances and labour in connection there with. If at any time during the progress of the works any error shall appear or arise in the position, level, dimensions or alignment of any part of the works, the Contractor on being required to do so by the Consultant or Consultant’s representative, shall at his own cost rectify such error to the satisfaction of the Consultant/Techno park or his representative. The checking of any setting out or of any line or level by the Consultant or his representative shall not in any way relieve the Contractor of his responsibility for the correctness there of. The Contractor shall provide all necessary instruments, appliances and labour required by the Consultant or his representative for checking, if any, of the setting out. The Contractor shall carefully protect and observe all bench marks, site levels, pegs and other things used in setting out the works. The rates quoted for the work shall also include the cost of reference and level pillars and their dismantling, when no longer required. 5.15 DAMAGE TO PERSONS AND PROPERTY: The Contractor shall indemnify and keep indemnified the TECHNOPARK against all losses and claims for injuries or damages to any person or property whatsoever which may arise out of or in consequence of the construction and maintenance of works and against all claims, demands, proceedings, damages, costs, charges, expenses, whatsoever in respect thereof in relation thereto. 5.16 CO-OPERATION WITH OTHER AGENCIES: The Contractor shall co-operate with the work of other agencies or Contractors that may be employed or engaged by the TECHNOPARK and as far as it relates to the Contractors' work. The sequence of work shall be so arranged that the works of other agencies are also in progress simultaneously. 5.17 BARRICADING AROUND EXCAVATED TRENCHES ETC: The Contractor shall at his own cost provide around excavation, temporary barricading with warning signals during day and night and shall maintain it so long as the trenches are not filled up. Similar barricades shall also be provided at all dismantling work, erection of structural, sheeting work etc. No extra claim shall be entertained for providing, maintaining and removing such barricades. 5.18 PROTECTION OF UNDER GROUND SERVICES: The Contractor must take precautionary measures to protect the underground and other services lines viz. cables, water and sewer lines, etc., and observes any Page | 25.

(26) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. specific instructions which may be given in this regard by the Consultant/ Technopark. 5.19 SITE ORDER BOOK: A site order book must be maintained and always be available at site to record the instructions by the Consultant/Technopark or his representative. The Contractor must see that the instructions noted there in are properly carried out. The contractor should also record the daily work progress in the site order book. 5.20 SITE TO BE KEPT CLEAN: The surplus spoil and dismantled debris shall be removed to a places directed by the Architect and stacked, levelled and dressed as directed. 5.21 LABOUR 5.21.1 LABOUR RULES: In respect of all labour directly or indirectly employed on the works by the Contractor, the Contractor shall comply with the provisions of the contract labour (Regulation and Abolition) Act 1970, Minimum Wages Act 1948, Payment of Wages Act 1936 and any amendments thereof and all legislation and rules of the State and/or Central Government or other local authorities, framed from time to time, governing the protection of health, sanitary arrangements, wages, welfare and safety for labour employed on building and construction works and for bonus, retirement benefits, retrenchment/lay off, compensation and all other matters of liabilities of owners to employees. The rule and the other statutory obligations with regard to fair wages, welfare and safety measures, maintenance of register etc., will be deemed to be part of the Contract 5.21.2 REPORTING ACCIDENT OF LABOUR: The Contractor shall be responsible for the safety of all employees and/or workers employed or engaged by him on and in connection with the works and shall forth with report all cases of accidents to any of them, however caused and whenever occurring, to the Architect or his representative and shall make every arrangement to render all possible assistance and aid to the victims of the accident. 5.21.3 PROVISION OF WORKMEN'S COMPENSATION ACT: The Contractor shall at all times indemnify and keep indemnified the TECHNOPARK against all claims for compensation under the provisions of the Workmen's Compensation Act 1923 or any other law for the time being in force by or in respect of any work men employed by the Contractor in carrying out the contract and against all cost and expenses or penalties incurred by the Page | 26.

(27) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. TECHNOPARK in connection therewith. In any case in which, by virtue of the provision of the said Act, the TECHNOPARK is obliged to pay compensation to a workman employed by the Contractor in executing the works, the TECHNOPARK shall recover from the Contractor the amount of the compensation so paid and without prejudice to the rights of the TECHNOPARK under the said Act. The TECHNOPARK shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any amount due by the TECHNOPARK to the Contractor, whether under this contractor otherwise without prejudice to any other remedy that may be available to the TECHNOPARK in law. The TECHNOPARK shall not be bound to contest any claim made against it under the said Act, except on the written request of the Contractor and upon his giving to the TECHNOPARK full security for all cost for which the TECHNOPARK might become liable in consequence of contesting such claim. 5.21.4 ACCIDENT OR INJURY TO WORK MEN: The TECHNOPARK shall not be liable for, in respect, of any damages or compensation payable as per regulations or in consequence of any accident or injury to any work men or other person in the employment of the Contractor or his sub-Contractors, and the Contractor shall indemnify and keep indemnified the TECHNOPARK against all such damage sand compensation and against all claims, demands, proceedings costs, charges and expenses whatsoever in respect thereof or in relation thereto. 5.21.5 PRESERVATION OF PEACE: The Contractor shall take requisite precautions to prevent any riotous or un lawful behaviour by or amongst his workmen and /or others employed on the works by him, for the preservation of peace and protection of the inhabitants and security of property in the neighbourhood of the works. 5.21.6 AGE LIMIT OF LABOUR: The age limit for employment of labour shall be in strict accordance with the existing labour laws. 5.21.7 RETURN OF LABOUR EMPLOYED: The Contractor, if required by the Architect/Consultant, shall submit return in detail in such form and at such interval as the Architect/Consultant may prescribe showing number of different classes of labour employed on the works from time to time by the Contractor. 5.21.8 OBSERVANCE BY SUB-CONTRACTOR: The Contractor shall be responsible for the observance of the provisions of aforesaid clauses by the sub-Contractors employed by him in the execution of the Page | 27.

(28) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. contact. 5.22. SUSPENSION OF WORK: The Contractor shall, on the written order by the TECHNOPARK suspend the progress of the works or any part thereof for such time or times and in such manner as the Architect/Consultant may consider necessary and shall during such suspension, properly protect and secure the work, so far as is necessary in the opinion of the Architect/Consultant.. 5.23. TIME OF COMPLETION: Time is deemed to be the essence of this contract and the whole of the works shall be completed within the time stipulated or within such extended time as has been allowed under clause 5.24.. 5.24 EXTENSION OF TIME OF COMPLETION: Should the amount of extra or additional work of any kind or changes in scope of work or other special circumstances of any kind whatsoever which may occur, be such as fairly to justify the Contractor's request for extension of time for the completion of the works the Consultant shall determine the amount of such extension and with the approval of the TECHNOPARK shall intimate the Contractor in writing provided that the Consultant is not bound to take in to account any extra or additional work or other special circumstances unless the Contractor has within 28 days after such work has been commenced or such circumstances have arisen, submitted to TECHNOPARK full and detailed particulars of any request to the extension of time to which he may consider to be justified. The extension of time shall be sanctioned, in special circumstances, based on the recommendation of the Technical Consultant or at the discretion of Technopark. 5.25 FORCE MAJEURE Neither party shall be liable for any failure or delay in performance under this agreement if the failure/delay is caused by natural calamity, general strike, curfew, riot, war, or any act of god which prevents normal activities or reasons beyond the control of the party. In such cases, the party affected by this clause shall give written notice to the other party with full details, within a week of the occurrence of the cause. If the force majeure condition affects the completion schedule, the time of completion shall be revised to the extent of loss of time caused by force majeure.. Page | 28.

(29) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. 5.26 WORK TREATED AS COMPLETE: The works shall not be treated as complete until: i). The site is clear from all materials, site shed etc. and the Technical Consultant/ Technopark is satisfied with the job done by the Contractor. ii). The Contractor has submitted the reconciliation statement regarding the from the TECHNOPARK, and all the stores if any, received surplus and salvaged materials are returned to the stores.. iii). All equipment, tools, plant taken returned by the Contractor.. iv). Any other material, taken on loan/ transfer from other agency has been returned by the Contractor.. v). All power and water supply connections taken for the execution of the works have been disconnected by the Contractor.. vi). Rectifications of any damage done by the Contractor to the work executed have been satisfactorily done by the Contractor.. vii). The work shall not be considered as completed until the Architect/Consultant/ Technopark has certified in writing that they have been completed and the Defects Liability Period shall commences from the date of such certificate.. viii). The contractor obtains sanction for energization of electrical installation from electrical inspectorate.. from. the TECHNOPARK has been. 5.27 TAKING OVER: After completion of works or any substantial part of the works before the completion of the whole of the works, the Contractor shall notify the TECHNOPARK/Consultant in writing, who within 15 days of receipt of the said notice shall give such certificate with respect to any substantial part of the works which has been both completed to the satisfaction of the Technical Consultantt and occupied or used by the TECHNOPARK or refuse to issue the same stating the reasons there of in writing. When any such certificate is given in respect of a part of the works, such part shall be considered as completed for the purpose of taking over and computation of the period of maintenance of such part, that is, such period shall commence from the date of completion of such part of the works as certified. The works in whole or part shall not, however, be treated as completed for the purpose of other relevant clauses here of unless and until the provisions of clause 5.26 here of are fully complied with. Page | 29.

(30) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. 5.28. MAINTENANCE: For a period of 3 years commencing immediately after commissioning of the work, the Contractors liability shall be to replace the defective parts, rectify /reconstruct the defective work that may develop in his own construction or those of his subcontractors approved by the TECHNOPARK arising solely from faulty materials or workmanship.. 5.29 TERMINATION OF CONTRACT: If the Contractor has abandoned the contract or has failed to proceed with the work due to negligence or the progress on any particular item or items is slow or has failed to execute the work in accordance with the terms and conditions of the contract, is persistently or frequently neglecting to carry out his obligation under the contract, then its hall be lawful for the TECHNOPARK to terminate the contract forth with under written notice and to proceed with the balance of the work through any other agencies. During the course of execution of the job, in case the Contractor has done any substandard work, he shall be asked in writing to dismantle and redo the same a within own expenses. If the Contractor fails to comply with the above instructions immediately, then the TECHNOPARK shall proceed with the above rectification work, through another agency or agencies. Similarly, if the Contractor goes slowly on any particular item or items of work, the TECHNOPARK shall have the right to execute this item or items through another agency or agencies, including its own department. 5.30 SETTLEMENT OF DISPUTES: 5.30.1 MATTER TO BE SETTLED BY OWNER: All disputes and differences of any kind whatsoever arising out of or in connection with the contract, whether during the progress of the works or after their completion shall be referred by the Contractor to the TECHNOPARK and the TECHNOPARK shall within a reasonable time after their presentation make and notify decisions there on in writing. The decisions, directions, clarifications, measurements, drawings and certificates with respect to any matter, the decision for which is specially provided for by these or other special conditions to be given and made by the TECHNOPARK or by the Technical Consultant on behalf of the TECHNOPARK are matters which are referred to hereinafter as accepted matters and shall be final and binding upon the Contractor and shall not be set aside on account of non-observance of any formality, any omission, delay or error in procedure in or about the same, or on any other grounds or for any reason and shall be without Appeal.. Page | 30.

(31) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. 5.31. HOUSE KEEPING:. 5.31.1. The Contractor shall be required to maintain the site, works and surroundings in a neat and orderly manner, free of accumulating debris, haphazard stacking of materials, unhygienic and unsafe environment ,cleaning of the site at all levels inside and outside, removal of unwanted materials, packing cases etc, shall be undertaken at least once on daily basis. The Contractor shall nominate the Safety Officer to be responsible for housekeeping. Unwanted material and debris shall be carted away from site and disposed off on a daily basis.. 5.31.2 Providing housekeeping facilities of site office for Nominated Contractors, owners representative, watchman, building , go down, toilets, telephone, etc mentioned in this clause shall be at Contractors own expense with in his quoted price. 5.31.3 If in the opinion of the owner/consultant/architect that the house keeping is not carried out to acceptable standards, and then the owner/architect/consultant have the right to engage an outside agency for the same at the cost and risk of the Contractor. 5.31.4 The arrangement for suitable de-watering system shall be the responsibility of the Contractor. Arrangement for any additional means of de-watering as may be required depending on the exigencies shall be the responsibility of the Contractor without any extra/additional claims. 5.32 PROTECTION and CLEANING 5.32.1. The Contractor shall protect and preserve the work from all damage or accident by providing any temporary coverings, boxing or other construction required by TECHNOPARK/consultant. This protection shall be provided for all property adjacent to the site as well as on site.. 5.32.2. The Contractor shall properly clean the work as it progresses and shall remove all rubbish and debris from the site from time to time as is necessary and as directed. On completion the Contractor shall ensure that the premises and or site are cleaned of surplus materials, debris, sheds etc. removed, areas under floor cleared of debris, gutters and drains cleared and handed over to the owner so that the whole complex is left fit for immediate occupation or use and to the satisfaction of the owner.. 5.33 DISPOSAL of REFUSE etc. 5.33.1. The unsuitable excavated earth, refuse etc arising from the works both as it accumulates, at regular intervals and also on the completion of the works or as directed by the owner/architect/consultant shall be carted away from the site and disposed in the approved dump yard of Local Municipality by the Contractor. The Page | 31.

(32) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. rate of excavation includes cost of all necessary licenses/approvals/royalty charges etc and permissions for disposing the unsuitable earth to appropriate place. 5.33.2. It is the responsibility of the Contractor to obtain a certificate from the local authorities/statutory bodies to the effect that all rubbish arising out of Contractors activities at the construction site or any other offsite activities, borrow pits and or disposal areas has been properly disposed off.. 5.34 NOTICES 5.34.1. SERVICE OF NOTICE ON CONTRACTOR:. All certificates notices or written orders to be given by the TECHNOPARK to the Contractor under terms of the contract shall be served by sending by post or email or delivering the same to the Contractor's place of business or such other address as the Contractor shall nominate for this purpose. 5.34.2. SERVICE OF NOTICE ON OWNER:. All notices to be given to the TECHNOPARK under the terms of the contract shall be served by sending by post or e-mail or delivering the same to the TECHNOPARK’s address.. 5.34.3 The contractor shall strictly observe the safety codes and labour laws as detailed under:. Chief Executive Officer Technopark Thiruvananthapuram. I/We hereby declare that I/We have read and understood the above instructions and the terms and conditions mentioned above are binding on me/us.. SIGNATURE OF THE CONTRACTOR WITH SEAL Date:. Page | 32.

(33) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. SAFETY CODE 1.. First aid appliances including adequate supply of sterilized dressings and cotton wool shall be kept in a readily accessible place.. 2.. An injured person shall be taken to a public hospital without loss of time, in cases where the injury necessitates hospitalization.. 3.. Suitable and strong scaffolds should be provided for workmen for all works that cannot safely be done from ground.. 4.. No portable single ladder shall be over 8 meters in length. The width between the side rails shall not be less than 30cm. (clear) and the distance between two adjacent rungs shall not be more than 30 cm. When a ladder is used an extra mazdoor shall be engaged for holding the ladder.. 5.. The excavated material shall not be placed within 1.5 m of the edge of the trench of half of the depth of trench whichever is more. All trenches and excavations shall be provided with necessary fencing and. lighting.. 6.. Workers employed on mixing and handling material such as Rubble, cement mortar or concrete etc shall be provided with protective foot wear and rubber hand-gloves.. 7.. Those engaged in welding works shall be provided with welder’s protective eyeshields and gloves.. 8.. Hoisting machines and tackle used in the works, including their attachments, anchorage and supports shall be in perfect condition.. 9.. The ropes used in hoisting or lowering material or as a means of suspension shall be of durable quality and adequate strength and free from defects. ACCIDENTS HOARDING LIGHTING–OBSERVATIONS WATCHMAN. (a). When excavations have been made obstacles have been put in public through faces or in places where there is any likelihood accidents, the contractor shall comply with any requirements of law on the subject, and shall provide suitable boarding lighting and watch man as necessary.. (b). It shall be the contractor’s sole responsibility to protect the public and his employees against accident from any cause and shall indemnify Governments, against any claims for damages for injury to person or property, resulting from any such accidents and he shall where the provisions of the Workmen’s Compensation Act-. Page | 33.

(34) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. apply, take steps so properly insure against any claims there under. (c). On the occurrence of an accident which results in the death of any of the work men employed by the contractor which is so serious as to be likely to result in the death of any such workmen the contractor shall within 24 hours of the happening of such accident intimate in writing to the Owner, the fact of such accident. The contractor shall indemnify Owner against all loss or damage sustained by Owner resulting directly or indirectly from his failure to give intimation in the manner aforesaid, including the penalties or fines if any payable by Owner as a consequence of Owner’s failure to give notice under the Workmen’s Compensation Act or otherwise conform to the said Act in the regard to such accident.. (d). In the event of an accident in respect of which compensation may become payable under the Workmen’s Compensation Act VIII of 1973 whether by the contractor such sum or sums of money as may be, in the opinion of the Architect/ Consultant shall be final in regard to all matters arising under this clause. FAIR WAGE CLAUSE. (a). The Contractor shall pay not less than fair wage to labourers engaged by him on the work. “Fair Wages” means wages whether for time or piece work notified at the time of inviting for The work and where such wages have not been so notified the wage prescribed by Kerala PWD for the District in which the work is done. (b). The Contractor shall not withstanding provisions of any contract to the Contract cause to be paid fair wage to labourers indirectly engaged on the work including any labour engaged by his sub-contractor in connection with said work as if labourers had been immediately employed by him.. (c). In respect of all labour directly or indirectly employed in the work for performance of the contractor’s part of the Agreement the Contractor shall comply with or cause to be complied with provisions of the Contract Labour (Regulations and Abolition) Act 1970, Minimum Wages Act 1948, Payment of Wages Act 1936 and Any Amendments thereof and all Legislations and Rules of this State and /or Central Govt. Or other Local Authority framed by time to time, Governing the protection of Health, Sanitary Arrangements wages, Welfare, Safety Bonus, Retirement benefits, Retrenchment/Layoff compensations to payment of wages not paid and deduction unauthorisly made maintenance of wage register other terms of employment, inspection and submission periodical returns and all wage cards, publications of scale of wage and returns and all other matters of like nature and shall indemnify Technopark from all or any claims coming under the above Acts and Rules.. Page | 34.

(35) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. (d). The Architect /Consultant shall have the right to deduct from the money due to the Contractor and any sum required or estimated to be required for making good the loss suffered by a worker or workers by reason of no fulfilment of the Conditions of the Contract for the benefit of the works no payment of wages or deductions made from his or their wages which are not justified by the terms of the Contractor of non-observance of the regulations.. (e). The regulation aforesaid shall be deemed to be a part to this contract. LABOUR LAWS. The Contractor shall comply with the provisions of all Labour Legislation including the requirements of: (a) (b) (c) (d) (f). Payment of Wages Act Owner’s Liability Act Workman’s Compensation Act Contract Labour (Regulation and Abolition) Act 1970 & Central Rules 1971 (e) Apprentice Act, 1961 Any other actor enactment relating employment of labour and rules framed there under from time to time.. The Contractor shall keep the Owner saved harmless and indemnified against claims, if any, of his work men and all costs and expenses as may be incurred by the Owner in connection with any claim that may be made by any work men. The Contractor shall have to obtain license under the said Act and rules and comply with all provisions and obligations. The Contractor shall furnish all information required by the Owner and indemnify the Owner against any penalties/claims arising from any default on his part. DECLARATION BY CONTRACTOR I………………………………………………….hereby declare that I am not related to an Employee of the Technopark, Thiruvananthapuram who is in charge of or having control of this work. I agree that if at any stage it is proved that this declaration is untrue, the Earnest Money / Security Deposit paid by me will be forfeited and the Contract entered will stand cancelled. It is understood that the relationship with Technopark Thiruvananthapuram Employee referred to herein will be restricted to my father, Mother, Son, Daughter, and Brother, Sister, Direct Uncle, Nephew, Father–in I Law, Mother-In-Law, Brother-in-Law, Sister-inlaw and first Cousin of the Employee concerned. SIGNATURE OF THE CONTRACTOR Place: Date:. Chief Executive Officer TECHNOPARK Thiruvananthapuram. Page | 35.

(36) Bid-I (Techno-Commercial bid)_25kWp Grid Connected Solar Power Plant. 6. SPECIAL CONDITIONS OF CONTRACT 6.1. Bidder should submit valid test certificates from accredited labs for the components (solar PV module and Solar Inverter) proposed to be supplied/used prior to the award of work. Undertakings from the manufacturers instead of valid IEC Test certificates shall not be accepted. (Documents should be uploaded online). 6.2. The tenders will be opened online through the e-tendering portal at the date and time specified in the tender. If the due date for receiving and opening the tender happens to be declared holiday, then the tender will be received and opened on the very next day, for which no prior intimation will be given.. 6.3. If the bidder has NOT submitted the requisite EMD OR Agreement, OR if the price bids are not submitted along with the tender, such tenders will be summarily rejected.. 6.4. The price bids of technically qualified tenderers only will be opened and the L1 bidder will be awarded the work of supply and installation of items after fulfilling all the technical requirements.. 6.5. If found essential, TECHNOPARK reserves the right, in the interest of completion of work within the time limit, to award portion/portions of the work order to next higher bidders, called for negotiation in the increasing order of their price offers, if they agree to execute the project at the L1 price.. 6.6. Valid IEC test certificate of the model offered / sub-components (SPV module, inverter etc.) as per the technical specification provided in this tender document, issued by MNRE or NABL or IEC approved labs, should be enclosed.. 6.7. The acceptance of a tender shall rest with the Authorized Representative of “TECHNOPARK”, who does not bind himself to accept the lowest tender and reserves to himself the authority to reject any or all the tenders received without assigning any reason(s) whatsoever.. 6.8. The rates quoted by the Contractor shall be inclusive of Labour welfare fund to be paid.. 6.9. If any deviation between specification, scope of work and drawing and the directions of Engineers found by the Bidder shall be brought to the notice of Technopark before the commencement of the work or in the pre-bid meeting.. 6.10 Should the bidder require to work at night or on holidays in order to maintain the time schedule and on urgency, he shall take prior approval from the owner / consultant.. Page | 36.

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