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NOTICE INVITING EXPRESSION OF INTEREST

Tender No: ZT1/WZ/UJN/MC/E01/01/2016-17 DATED 08-08-2016

Zonal Training Institute (WZ) is part of the training wing of EPFO. Expression

of interest is invited from the Govt./ Semi Govt./ Public Sector Undertaking agencies

for Maintenance Contract. The total area of plot is 4180 sqm and built up area is 4048

sqm (approximately). The scope of Maintenance Contract shall cover the following:-

1. Maintaining Building in proper conditions by taking up all necessary works

including Civil & Electrical Repair and Maintenance.

2. Special repairing in Civil & Electrical works covered under Maintenance

Contract. In case of major external services, separate estimates for such works shall be

prepared and be submitted giving full justifications for the need of such estimates. The

fund shall be released against such estimates with the proper justification given by the

executing agency. Interested Govt. /Semi Govt. /Public Sector agencies are requested to submit

their offer on agency charges basis, along with undertaking with the following term and

conditions:

1. Confirmation to sign the standard agreement of EPFO (Details of standard

agreement is available on our website www.epfindia.gov.in )

2. Confirmation of following GFR, CVC guidelines and the work must be taken

up as per CPWD specifications and Govt. of India norms / Procedure and

instructions issued from time to time.

3. Declaration to be furnished that organization is not black listed by any of the

Government Authority. The desirous agencies can inspect the building area on any working day during

office hours. The offer quoting the agency charges and complete in all respect in sealed

cover subscribing "E01 for AMC (Civil & Electrical ) works in ZTI(WZ) building"

should he submitted to Regional Provident Fund Commissioner-I, Address - 1,

Bharatpuri Administrative Area ,Dewas Road, Ujjain(M.P.) Pin-456010 by registered

post/by hand upto 09.09.2016 positively. EPFO reserves the right to accept or reject the whole or part of the quotation

without assigning any reason.

APPENDIX-A

Ern lo ees Provident Fund Orc anisation

Construction Work

AGREEMENT

Agreement for construction of EPFO Building at ------------ This agreement is made on this day of Yea: Two thousand

between the Central Board of Trustees, Employees in the Christian

Provident Fund (EPF), Statutory body constituted by Central Government under section 5A

of EPF and MP Act 1952 under the Ministry of Labour, Government of lndia representee.by Regional Provident Fund commissioner, Employees Provident Fund Organisation ............................. (hereinafter called the 'Owner' and

. the terms 'Owner' shall mean and include herein its administrators, executors and assigns) on one part

AND

(Hereinafter called the 'Executing agency)' a company registered under companies Act 1956 being a Government Company within the meaning of section 617 of the said Act, and being an undertaking of Government of (and the term

the 'Executing Agency' shall mean and include its heirs, administrators, executors and assigns) represented by Slid , MIs, n the art. Whereas the Owner is desirous of awarding/entrusting the works

o

relatingother

conp

struction of for Employees Provident Fund Organisation at on the terms and condition set forth hereinafter and whereas the Executing agency has agreed to undertake and complete the works accordingly.

HERETO UNDER:- NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES

l.0 DEFINITIONS if

'Approval' means approval in writing by the designated Officer of the Owner Executing Agency means the M/s.

AL 2.0 GENER 2.1

The Executing Agency shall be paid the Actual Cost of work plus the

agency charges of % ( percent only) of the actual final cost of work. Agency charges shall be including field overhead, work charged establishment and architectural fee. If execution of work is based on the architectural drawings, specification etc. given by the owner or that

appointed consultants, Agency Charges/ fee will be reduced accordingly.. 2 2 The owner will issue Administrative approval (A/A) based on latest Central

Public Works Department (CPWD) plinth area rates suitably enhanced by cost index of the place as

approved by CPWD prevailing at the place and time of issue of A/A. For the places where approved cost index for the

place and time is not available, available approved cost index of nearest

place and time will be followed. The rates of the items which are not

directly available in CPWD Plinth area rates shall be worked out on the

basis of CPWD Delhi schedule of rates or latest available DSR duly

enhanced to account for the Cost Index on similar lines as m lioneav above. For electrical items, CPWD Electrical DSR-94 or latest Electrical DSR duly enhanced to account for cost index shall be similarly followed.

2.3 The Expression 'actual cost of works' shall include following:-

"All the final payments made as agreed upon in the tender (The work is to be tendered on behalf of owner) for the construction of all the buildings and services, internal and external development of land etc. excluding field overhead and work charge establishments,"

2.4 Besides Agency Charges, no other charges/payments shall be made on account of followings which will be part of Agency Charges:-

i) Any compensation paid or payable to labour under the workmen's compensation act or any other labour laws of the country including the expenditure incurred on account of Contract labour (R&A) Act, 1970. In case, compensation is made payable by the insurance company through insurance, there will be no question of further inclusion of this compensation in the bill. The Executing Agency shall register themselves as principal Employer for necessary compliance with above-mentioned Act. Necessary insurance of labourers are to be got done in time by the :abour contractors/sub-contractors/contractors under the responsibilities of executing agency.

ii) The Executing Agency shall be fully responsible for observance of all labour and other laws applicable in the matter and shall indemnify and keep indemnified the owner against effect of non-observance of any such laws.

iii) Expenditure on site survey and temporary works like hutments, field offices, storage and for staff/labour employed on the work, temporary

approach roads, temporary water line, temporary electrification etc and its maintenance cost.

iv) Cost of all tools and stores that has no scrap value. In all other cases, sale proceeds/scrap value of the tools and stores shall be credited to the work.

v) All contingent expenditure of the field unit offices during the execution such as TA, Transfer TA & DA, rent of office building stores, office furniture and equipment, liveries, traveling expenses of auditors, electricity charges, cost of water charges, entertainment expenses, telephone and computer related expenses, stationery, printing, advertisement, telex, postage and telegram, bank charges, staff welfare, and legal charges.

vi) All liabilities of the Executing Agency payable to the

Contractors/PRWs, supplies and other agencies to the extent these fall within the definition of actual cost as may be left outstanding at the time of payment of final bill provided they have been accepted by the Executing Agency.

vii) Cost of insurance of stores, cash, work, plant and machinery etc. viii) Illegitimate expenditure incurred on getting any type of approval from

statutory bodies. ix) Any other item of expenditure relating to field unit which are not

covered under the above items of cost, as mutually agreed to, before incurring of the same.

Any service/professional tax due on services rendered by Executing Agency to E.P.F.O. will be deducted at source i.e. by E.P.F.O: office at plaCe of work out of agency charges due to executing agency and will be deposited with concerned Govt. Department by E.P.F.O. office at that location.

2.5 The actual final cost of work shall not include. a) Cost. of land.

b) Cost paid by the Owner to local government or any other statutory body or . bodies for any built services provided for the work (including but not exclusively, item such as electric connection, transformers, water supply, access road if provided by such authority. However, if such payment is made through Executing Agency, owner will reimburse the same without any agency charges on it.

3.0 RESPONSIBILITIES OF THE EXECUTIVE AGENCY,

3.1 . The responsibilities of the executing agency shall include preliminary survey and preliminary soil investigation and supplying all drawings. and designs, estimates and bills of quantities, details of phasing of building and rendering advice. Executing agency will submit planning schedule for

project management within one month of acceptance of estimates. No

running bills will be re-reimbursed if the above details are not' submitted by the Executing Agency. Executing agency will also submit monthly

financial and physical progress of works to E.P.F.O.

3.2 The Executing Agency shall forthwith take possession of the site from the Owner and shall nominate one responsible engineer for executing the

project. Any deficiency in land if not pointed out at the time of taking over

will be responsibility of Executing Agency. The Executing agency will keeps the land/assets free from all encroachments till completion and handing over the work. Executing agency shall inform the name of

nominated full time Engineer for this work at the time of submission of estimate. Further change will be done only with consent of Chief' Engineer,

E.P.F.O.

3.3 Executing Agency shall execute the works at actual cost on most competitive rates but within anticipated cost Administration approval/cost for the construction of for E.P.F.O. at , which

is based on the CPWD plinth area rates/approved norms, as per requirement

furnished by the owner: for this project. This estimate shall also include agency charges payable to the executing agency. Any expenditure beyond

this ceiling cost is not to be reimbursed by the owner. However, during execution of the work, if this anticipated Administration Approved cost is likely to exceed, the executing agency shall submit revised estimate to the

Owner and obtain its prior approval to the revised anticipated cost before

incurring further expenses. The executing agency shall also furnish fill

details and justifications supported by reasons for anticipated excess o expenditure on works over the initial anticipated cost as given above The owner, if satisfied with the reasons/ justification submitted by tin

Executing Agency, will issue revised Administration Approval am

expenditure will be reimbursed on the basis of revised A/A. If at the time o

finalization, it is noted that for some reasons payment has been released ti

the Executing Agency in excess of the actual expenditure incurred. 'the

same shall be refunded to the EPFO by Executing Agency within 3(i-Jays of the excess coming to the notice

3.4 The Executing Agency after due publicity and circulation on web site shall

invite tenders. All details of accepted tender will be furnished to E.P.F.O. within one month of acceptance of it. Guidelines laid down in CPWD Manual for publicity of tender and CVC Ridelines shall be adhered to.

3.5 The Executing Agency shall give regulirly (but not later than once a

month), the copies of the bonafide certified actual expenditures incurred by them supported by vouchers duly checked/audited by the Competent Authority of the finance/ account branch of the Executing Agency (Annexure I), certified by a representative of Executing Agency of the

project of EPFO. It is needed for reimbursement of actual expenditure

incurred from the funds advanced to the executing agency. On completion

of the work, the accounts of the work shall be closed and a final statement shall be submitted for settlement, alongwith refunCoLeKes, deposit

received, if any, audited by the authorized thiartered Accountant of departmental Finance Wing of Executing Agency as per Central Government guidelines, Owner reserves the right to get the work and payments made technically checked and audited by its own officers or an independent government/private Agency.

3 6 The payment by the Owner shall be made by transfer of funds in a bank

account to be opened in any of the Nationalised Banks/State bank in the name of M/s.

, Saving Fund Account for construction of

at for Employees Provident Fund Organisation The responsibility of opening of account rests with the

Executing Agency.

3.7 All designs, drawings, bills of quantities, etc. for the work shall be supplied by the Executing Agency for all buildings, services and development

works lithe same has to be supplied by consultants on behalf of EPFO, the

Executing Agency shall be fully responsible for ensuring that all drawings issued by the owner are thoroughly examined as per the prevailing site

conditions before execution and any deficiencies/ defects and/or

suggestions for improvement to suit the local conditions may be brought to the notice of the owner in writing and his approval obtained before

execution. No deviation from approved drawings/ designs/ specifications etc shall be carried out without written approval of the owner. Any departure from this shall make the Executing Agency fully responsible to bear extra cost involved, if any.

3.8 All loss (es) arising out of inaction, delays, negligence or wrongful action etc., responsibility for which is attributable directly or indirectly to the

Executing agency shall not be claimed by/or reimbursed to the Executing Agency.

3.9 The Executing Agency will make its best endeavour to reduce the cost of

Construction by any change of specifications, method of construction, value engineering or any innovative or economical design. Such reduction in the cost of construction shall only be made with the approval of the

Owner without affecting/prejudicing or endangering in any way the

safety/design or security of the building constructed by the Executing Agency. .10

The Executing Agency shall be fully responsible fbr execution of works as per CPWD norms/BIS Codes and prescribed quality/control measures and structural safety of the construction. The Executing Agency shall be responsible for rectification of any defect within the warranty period, which shall be for a period•for 12 'months from the date of handing over of all buildings, service and compldte project. Security deposit shall be refunded by Executing Agency to contractors only after such a warranty period and rectification of defects to the satisfaction of Owner.

.11 The EXecuting Agency shall also be responsible for proper structure. workmanship and liability for defects of the building constructed by it for a period of twelv4 months from the date of handing over.

3.12 The Executing Agency shall carry out all prescribed tests on materials and / or works as prescribed in CPWD specification and BIS code of pfactice and maintain proper record of such tests. A copy of such record will be submitted to EPFO for examination/ scrutiny at

30%, 60% and 90% progress of work. The.payment Exeeuting ,Agency at these stages shall be released only after examination/scrutiny of test result/reports by EPFO/ its consultants.

3 13 Any defects discovered and brought to the notice of the Executing Agency

during the period aforesaid shall be rectified by Executing Agency forthwith at its own cost and expenses. In the event of the failure on the part of the 'Executing Agency to rectify the defects within 15 days of intimation by the Owner, the same may without prejudice to any other rights available under law, be rectified by the Owner for and on behalf of

the Executing Agency and at the cost and expenses of the Executing Agency, after a notice of 15 days to the Executing Agency. The Owner

shall have the right to deduct or set off the expenses incurred by it in rectifying the defects as aforesaid from or against any amount due and payable or becoming due and payable by the Owner to the Executing Agency under this Agreement or any other works whatsoever.

3.14 The Executing agency shall carry out the work of water proofing treatment through specialized firm. Finn shall submit 10 years guarantee against leakage/ dampness on a Rs.10 stamp paper to the owner. The guarantee shall include rectification of works with in the guarantee period of 10 years free of cost if leakage/ dampness is reported by the owner (Annexure -- 2). Any such guarantee for any specialized items/ services will be passed to owner. The Executive agency will be responsible to the owner fbr ensuring enforcement of their guarantees.

3.15 The Executing Agbncy shall be fully responsible for procurement of all construction materials for the construction as contemplated by the agreement.

3.16 The Executing Agency shall follow the standard latest CPWD specifications with upto date correction slips and the latest BIS Specifications and codes of practice

3.17 The Executing Agency shall follow the standard CPWD contract forms for item rate tenders/percentage rate issued by the Bureau of Public Enterprises or tenders with suitable modifications approved by the Competent

Authority of the Executing Agency. If any other contract form is to be

followed, the same shall be discussed with the Owner and got approved

principle in writing before its issue after adequate modifications to

incorporate the conditions of this agreement.

3 18 The Executing Agency shall be fully responsible to defend any suits or

arbitration cases arising out of this project in connection with the work

between the Executing Agency and its Contractor(s). The owner is not

responsible for any expenses to be born on this account under actual cost if

it is not due to omission or commission of owner. The owner may however,

make the interim payments as loan for implementation of the award on

demand by the Executing Agency. If the award is towards omission or

commission of executing agency, or not acceptable to EPFO and EPFO has

decided not to bear the same, the amount will be reimbursed from

Executing Agency within one month of payment of award. If the above

amount is due to E.P.F.o. by Executing Agency, it may be recovered from

any other dues of Executing Agency in current projects or any other project

at the discretion of E.P.F.O. 3.19 The Executing Agency shall give in writing the budget demand of the funds

for the financial year required in proportion to the work to be done during the next year as required by the Owner from time to time as well as forecast budget for the next year, firstly within one month of signing of agreement and subsequently by Apr and Oct. Otherwise owner will not be responsible

for delay in payment. 3.20 The Executing Agency shall, at the time of formally handing over of the

buildings to the owner, supply, copies of the drawings/revised drawings, if

any, and the copies of the other details/ and standard measurement books

for all the items of buildings/ works needed for outdoor repairs and

maintenance documents to the Owner.

3.21 The Executing Agency shall be responsible to get water and electricity

connection to the building. No agency charges will be paid against the amount to be deposited with local authority for obtaining electricity/water

connection or any mandatory charges. 3.22 The Executing Agency shall, wherever required, obtain in writing approval

of the local bodies or statutory bodies for the Construction as contemplated

in this Agreement. However, the Owner shall help the executing agency to

the extent, of writing letters to local bodies regarding getting such

approvals. 3.23 If in the interest of work, any item of materials are required to be procured

much in advance, an addition payment towards mobilization advance as

required for the purpose shall be decided by the executing agency in

consultation with the owner and paid in addition to such payment of initial

deposit. 3.24 The owner reserve the right to inspect the work through its Engineers/

Officers or any agency authorized by the owner/ CE, EPFO from time to

time. Observations of inspection shall be communicated from time to time

for compliance by Executing Agency. The Executing Agency shall

however be responsible for notifying to CTE Cell of CVC for inspecting

the works. Any consequential effects arising out of the Inspection of the

project by CTE Cell of CVC during the progress of any time after the

construction of project shall be attended by the Executing Agency fot rectification at the risk and.cost of Executing Agency for recoveries to be credited to owner.

3.25 The Executing Agency shall be liable and responsible for professional tax,

Income Tax and .other taxes, which are leviable on the Executing Agencies. Contract addition/ centage and such tax shall be excluded from actual cost.

3.26 The reusable material used for construction and if charged as part of actual cost of owner shall be 'disposed off , by the executing agency at mutually agreed price unserviceable stores may be disposed off at the best available rates and credited towards actual cost of work. The Executing Agency shall also clear the site of their materials etc within one - month from the date of completion tailing which the Owner shall dispose it in the manner deemed fit by owner.

4.6 :RESPONSIBILITIES OF TrOWNER 4.1 The Owner shall

demarcate and make available the site of the project free of all encumbrances or charges. Tha Owner shall deposit , 5% (Five percent) of the anticipated cost (clause 3.3) with Executing Agency as initial advance immediately upon signing of this Agreement. Upon the' approval of initial working drawings by the Owner and before actual start of work, the Owner shall deposit further 15% (Fifteen percent) of the anticipated, cost (cl 3.3) with the executing agency on demand by Executing Agency at simple interest of 10% per annum. The Executive Agency has to furnish-a bank guarantee of a scheduled bank in the Performa as per Annex —3.)The amount of advance shall be paid after 15 days of submission of written request .and the Bank guarantee. The

expenditure incurred 'thereafter (including agency charges) shall be reimbursed on'submission of the periodic certified accounts (cl 3.5).

4.3 The Owner shall bear the cost of Sales Tax/VAT including the Purchase tax, consignment4ax or any other similar tax in force in the state concerned, if any, on completed work in 'the "state, if levied by the authorities in the state and if not covered in the construction cost paid to the contractor(s) or

. the Executing Agency. -- 4.4 In case of abnormal delay in completion of works for reasons within the

control of Executing Agency, -the owner has right to terminate this agreement after assigning reasons in writing and by giving forty five days

;notice to the Executing Agency. The Owner shall also have the right to get the balance works executed through the contractors previously engaged by the Executing , Agency on the works or by alternate methods.

4.5 The Owner shall have right to terminate the agreement and / or reduce the scope of work mentioned in. - Administrative approval or the agreement with the Executing Agency without assigning any reasons and by giving two weeks notice to the Executing agency. In the event of termination of contract and / or reduction .in scope of work mentioned for grant of approval, the owner shall entertain no claim of the, Executing Agency arising out of such action. In the - event of termination, the Executive agency shall stop the work and shall submit the measurement of works actually done unto the date of termination/ reduction duly checked and certified by technical, Competent authority with...in one month failing which decision of owner will be final and binding to Executive Agency. On such termination,

surplus material lying at site and T&P, if any will not be taken over I owner. Executing Agency will, therefore include a clause in its contract The Executing Agency shall also refund to owner the unutilized amount

lying in Bank Account at the time of termination of agreement. The

termination of this agreement shall not prejudice or affect in any way the rights and benefits accrued or liabilities and duties imposed on the parties of this agreement.

5.0 COMPLETION OF THE PROJECT

5 1 The work shall be completed in all respect within a period of months as decided upon from the date specified in clause 5,2 thereof,

5.2 The date of start of the work shall be reckoned from the 10th day after the payment of 5% (Five percent) advance of deposit (clause 4.2) or the date of approval of plans by the local authority, which ever is earlier.

5.3 Within the total period as aforesaid, the Executing agency shall take up the work in such a manner so as to make available the accommodation or the work constructed for use in a reasonable and phased manner. The Executive agency shall ensure that all development works and bulk services

are simultaneously carried out so as to make) the building functional immediately on completion. Any building, even if it is Physically ready for occupation, shall be deemed to be completed only from the date the services like water supply; sewerage and electricity are made available for it by the Executing agency and completion/occupation certificate obtained.

5.4 Executing Agency shall be required to complete the construction of project within the period stipulated in para 5.1 above. In case of delay, which may occur due to the reasons beyond the control of executing agency, executing

agency would approach the owner with full details for extension in time limit for completion of the works. For unjustified/unacceptable delays, the

Executing Agency shall be liable to pay damages at Rs.5000/- (five thousand) per week of delay and the loss suffered by EPFO if any in

retaining the hired accommodation beyond the agreed time of completion.

Any compensation levied by the Executing Agency due to non-fulfillment of any clause of the contract by the contractor or any such recovery from the contractor for bad work or any other reasons whatsoever shall be passed on to the owner.

5.5 The Executing Agency shall take NOC from local authorities and submit

completion certificate (Annexure — 4) with completion drawing and

maintenance schedules (Annexure — 5) to the office of the Owner in writing within three months. No running bill will be paid after receipt of completion certificate from the Executing Agency.

5.6 The Executive Agency will vacate the field office/ site within three months of completion of project, otherwise Executing Agency will be charged three times rent of prevailing in that area and all applicable allied charges.

5. 7 The amount of mobilization advance paid as per clause No. 4.2 shall be

recovered @ 20% of reimbursed amount in each bill, Balance, if any, will be adjusted from the final bill.

5. S The security deposit @2% of the gross amount of work done shall be recovered from each bill reimbursed. The owner shall release the recovered

amount after completion of defects liability period of 12 months or handing over of the works by Executing Agency whichever is later. Any recovery

due from the construction agency at the time of release of security deposit shall be adjusted/ deducted from security deposit and only balance amount, if any will be refunded to the Executing Agency. The owner may not consider the bills not submitted on the prescribed format for payment.

5.9 Final bill with duly audited accounts is to be submitted within 3 months after the completion of work along with final report. A certificate . (Annexure — 6) to be enclosed after obtaining from E.P.F.O. to be included along with final bill. No revision or excess payment will be entertained after 3 months of completion without proper justification if any beyond the control of Executing Agency

5.10 in order to enable the payment of salary etc. to the stall employed, a pre-final bill with un-audited accounts shall be submitted within 2 months of actual completion of work. However in order not to force the executing agency to incur any other expenditure, an amount equal to staff salary and field expenses upto the date of completion of work and as part of the bill on completion of work shall be released on account against the bill.

6.0 ASSIGNMENT OF THE AGREEMENT. The Executing Agency shall not assign or transfer or part with any of the rights, duties or obligations, wholly or in part under this agreemetil•without the previous consent in writing oldie owner.

7.0 NOTICE

Any notice to be given here under may be sent by registered post at the last know registered office - or head office address of the addressee and shall be deemed to have been effected at the time at which the letter would be delivered in the ordinary course of post.

8.0 ARBITRATION

In the event of any dispute or difference relating to the interpretation and application of the provisions of the agreement with executing agency, such dispute or difference shall be referred by either party to Arbitration of one of the Arbitrators in the Department of Public Enterprises to be nominated by the Secretary to the government of India incharge of the Bureau of the Public Enterprises. The Arbitration Act r.1940 shall not be applicable to the arbitration under this clause. The award of the Arbitrator shall be binding upon the 'Parties to the disputes, provided; however, any party aggrieved by such award may make a further reference for setting aside or revision of the award to the law Secretary, Department of Legal Affairs, Ministry of Law & Justice, Government of India. Upon such reference the dispute shall be decided by the law Secretary or Special Secretary/Additional Secretary when so authorised by the Law Secretary, whose decision shall bind the parties finally and conclusively. The parties to the dispute will share equally the cost of Arbitration intimated by the Arbitrator. In WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written. For and on behalf of the For and on behalf of the Executing Agency Employees Provident Fund Organization WITNESSES