KARNATAKA POWER CORPORATION LIMITED KALI HYDROELECTRIC PROJECT STAGE - II Office of the Executive Engineer (C) Roads &

Building division, Kadra - 581396 Fax No: 08382 - 256590 Tel No: 08382- 256333 No.KPCL/2012-13/OW/WORK_INDENT1447 Date:

NOTICE INVITING TENDER ONE COVER SYSTEM (THROUGH e-PROCUREMENT PORTAL ONLY) 1. Item rate tenders are invited through GoK e-procurement platform website www.eproc.karnataka.gov.in from eligible class of contractors / Agencies registered with KPCL and having adequate financial resources, suitable construction equipments and manpower with sufficient past experience in executing the following work at of KHEP stage-II Kadra, District N.K, Karnataka state. Approxim ate value of work (` in Lakhs) Tender processi ng fees (Non refundab le) Contract period for completio n of work

Name of work

EMD @ 2.50% (`)

Class of Contract or

Cleaning of dust bins, inspection chambers, Man holes and maintenance of UGD lines at colony for the period from April 2013 to March 2014 2.

9.17

22,930.00

As per eProcureme nt portal of GoK

12 (Twelve) months Including monsoon.

Class III and above

Calendar of events: : To View in e-procurement portal www.eproc.karnataka.gov.in

Last date for receipt of tenders Date of opening of bid

3. i. ii.

Instruction regarding e-procurement: The bid is to be submitted through the GoK e-Procurement platform www.eproc.karnataka.gov.in only. Bidders, who have not registered in the GoK e-Procurement portal, may do so by registering through web site www.eproc.karnataka.gov.in. The bidder can access tender documents on web site. The blank tender documents can be accessed through the e-procurement portal web site www.eproc.karnataka.gov.in and for assistance may contact HP Help desk Telephone Nos. 080-22485867 / 22485927. Filled tenders along with EMD must be electronically submitted on line through internet within the date and time published in e-Procurement portal. The tender will be opened at prescribed time and date in presence of the bidders who wish to attend at the Office of the Executive Engineer (Civil), Roads and Buildings Division, Kadra581396, Uttar Kannada Dist, Karnataka (State).

iii.

After login to bidders, please scroll down to the right side bottom to see list of tenders. Please click to find the details of NIT and down load copy of the tender. The tender can be down loaded in the portal as per prescribed date and time published in the portal. Only interested Bidders who wish to participate should remit on line transaction fee for tender after registering in the portal. The transaction fee is not refundable. Other details can be seen in the tender documents. Sub-letting of the work is not allowed.

iv. 4.

5. BID VALIDITY: The validity of the bid shall be 180 days from the date of opening of bid 6. Earnest Money Deposit: Tender must be accomplished by Earnest Money Deposit of `22,930.00 which should be paid online through e-Procurement portal using any of the following payment modes. a) b) c) d)
i)

Credit card, Direct debit, National Electronic Fund Transfer (NEFT), Over the Counter (OTC) (only through designated branches of Axis Bank)

The prospective bidder should not coerce any other bidders to derail the healthy and competitive bidding process. Such acts entail for disqualification from participating in the tender process. The prospective bidder shall not resort to anti - competitive practices like price rigging, cartelization, ring formation or adopt unfair practices both Civil and Criminal aimed at preventing other bidders from quoting for the tender. Any acts that inhibits competition or any act that will be detrimental to the interest of Karnataka Power Corporation Ltd,
Bid document ~2~

if the bidder is found to have resorted to such practice as specified above, he and others who act in concert with him shall be debarred from quoting for this tender and for future tenders for a further period of three years.
ii)

KPCL reserves the right to verify any information/document furnished by the bidder should the circumstances so warrant in the overall interest of the Corporation. In case the information or the documents furnished are found to be incorrect or invalid, then tenders of such bidders will be cancelled and the EMD furnished by such bidders will be forfeited. KPCL reserve the right to accept or reject all the bids without assigning any reasons thereof. 7. Eligibility criteria:

iii)

i) Any reputed individual/company registered as Class III and above

contractor is eligible to apply and certificate issued by KPCL in this regard shall be furnished.
ii) No joint venture/Consortium is permissible. iii) Bidders shall not be under declaration of ineligibility for corrupt and

fraudulent practices issued by the Government of Karnataka.

iv) None

of the contracts of the bidder should have been terminated/foreclosed/EMD forfeited on account of his default in KPCL or elsewhere during last three years. a. KPCL registration certificate b. Income tax PAN. c.WCT/ VAT registration and composition certificate d. Independent PF code. e. Service Tax registration certificate f. Labour registration certificate g. VAT clearance certificate

v) The bidder should furnish copies of the following documents;

FINANCIAL BID
i) Tender Schedule B (Price Bid). ii) The bidder shall sign and enclose the scanned copy of the details of

service tax component duly filled as per the format enclosed to the price bid.
iii) The bidder shall sign and enclose the scanned copy of all the

declarations enclosed with this bid document [The bidders should upload scanned copies of above documents] Financial Bid of those bidders who have furnished all details/documents mentioned will only be opened.

Bid document

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8. GENERAL CONDITIONS: 1. The tenderer is required to ensure browser compatibility of the computer well in advance to the last date and time for receipt of tenders. The departments shall not be responsible for non-accessibility of eProcurement portal due to internet connectivity issues and technical glitches. 2. EMD Payments through e-Payment mode shall be made as one single transaction and payments made in part are liable for rejection 3. Any reputed individual/Company registered Contractor with KPCL is eligible to apply. 4. No joint venture/Consortium are permissible 5. Tenderers shall not be under declaration of ineligibility for corrupt and fraudulent practices issued by the Government of Karnataka. 6. None of the contracts of the tenderer should have been terminated/foreclosed on account of his default in KPCL or elsewhere during last ten years 7. The bidder should have following documents KPCL registration certificate b. Income tax PAN. c.WCT/ VAT registration and composition certificate d. Independent PF code. e. Service Tax registration certificate f. Labour registration certificate g. VAT clearance certificate. 8. The Bidder should upload scanned copies of the above documents along with the declarations duly signed 9. The original documents should be produced for verification at any stage of tender process as and when sought for, failing which, the bids are liable for disqualification. 10. The Bidder shall ensure credit of Tender Processing Fee and EMD into the respective receiving bank accounts of e-Procurement on or before the last date of bid submission. 11. Rates shall be quoted in Tender Schedule B in the web site itself. 12. The tender shall be valid for 180 days from the date of opening of bid. 13. KPCL reserves the right to verify any information/documents furnished by the tenderer should the circumstances so warrant. In case the information or the documents furnished are found to be incorrect/false or
Bid document ~4~

as

Class-III

&

above

a.

invalid then the EMD furnished by such tenderer shall be forfeited. The registration of such tenderer shall also be cancelled. 14. The successful bidder shall give an undertaking that they would abide by the provisions of the Employees Provident Fund Act. 15. The contractor shall obtain insurance coverage for all the workers working in this area. 16. Conditional tenders, incomplete tenders without EMD, tenders not properly uploaded and late submission of tenders shall be rejected. 17. The contractor shall quote his rates Inclusive of Royalty, all other applicable taxes, levies, duties and cess, Building Workers Welfare Cess etc., as per the latest GoK and GoI prevailing as on the date of NIT. 18. The contractor shall quote his rates inclusive of PF as per the applicable rates as issued by the PF Department from time to time and if any variations occur, it shall be paid/refunded by / to the Corporation against the documentary evidence 19. The Contractors shall register themselves with the Central Excise Department and produce Service Tax Registration Number. while submitting application for tenders. The following should be noted before quoting the rates. a. The quoted rates should be inclusive of Service Tax and other applicable taxes. b. The tenderer should give an under taking regarding the same in proforma enclosed to the Tender document and the same shall be uploaded. 20. Contractor should have independents PF code. The contractor shall remit PF of labours to contractors permanent PF code number only and not to the KPCL PF sub-code. 21. The Corporation is not responsible for any delay in accessing eprocurement portal 22. In case the dates notified above are declared as holiday, the immediate next working day shall be reckoned. 23. If the contractor makes any alterations in the conditions of the contracts or puts any condition of his own, such tenders are liable for rejections 24. Any other information required may be obtained from the office of the undersigned during office hours. 25. Further details of the work can be obtained in the Office of the Executive Engineer(Civil), Roads and Buildings Division, Kadra- 583 1396, Uttar Kannada Dist, Karnataka (State).
Bid document ~5~

26. The tender notification along with Blank Tender Form will be accessible in the e-procurement website (www.eproc.karnataka.gov.in) 27. Aspiring bidders/contractors who have not obtained the user ID and Password for participating in e-procurement in Karnataka Power Corporation Limited may now obtain the same from the website (www.eproc.karnataka.gov.in) 28. Corrigendum/modification/Corrections, if any will be published in the website only. 29. Right to reject any or all the tenders without assigning any reasons rests with the accepting authority. 30. The tender is of one cover system. 31. The bidder should maintain register of labour deployed and wages (as per Govt. orders) paid for the workers and shall produce the documents whenever called for by the competent authority and remittance towards PF. 32. For payment of service tax, This work is considered in Sl no. 4(d) of the Service Tax Declaration statement enclosed to the tender document. 9. Further details of the work or any clarifications can be obtained from the Office of the Executive Engineer (Civil), Roads and Buildings Division, Kadra- 581396, Uttar Kannada Dist, Karnataka (State).

10. Corrigendum / modification / corrections, if any, will be published in the web site only.

For Karnataka Power Corporation Limited, EXECUTIVE ENGINEER (C) Roads and Buildings division KPCL-KHEP-II, Kadra -581396 DECLARATION - I (Declaration to be given by the Bidder at the time of submission of the completed BID)

Bid document

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Name of Work: Cleaning of dust bins, inspection chambers, Man holes and maintenance of UGD lines at colony for the period from April 2013 to March 2014 I/We have studied the site conditions, labour conditions and read the BID documents and related matters carefully and diligently also I/We have submitted the BID having studied, understood and accepted the full implications of the Bid documents. The requirements of the BID documents as stated above will be fulfilled by me/us to the satisfaction of the ENGINEER. I/We hereby declare that the Bid submitted by me/us have no conditions contravening the commercial conditions of this Bid.

BIDDER

Bid document

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DECLARATION II (Declaration to be given by the Bidder at the time of submission of the completed BID) Name of Work: Cleaning of dust bins, inspection chambers, Man holes and maintenance of UGD lines at colony for the period from April 2013 to March 2014 I/We agree that if I/We fail to execute the agreement or to commence the work, an amount equal to the amount of Earnest Money shall be absolutely forfeited to the CORPORATION or out of any other money due to me / us from any other work in CORPORATION / State Government / Central Government / or otherwise. I/We hereby distinctly and expressly declare and acknowledge that before the submission of this Bid, that I / We have carefully followed the instructions, read the relevant Indian Standard Specifications and I/We have made examination of the Bid document and drawings, specifications, quantities and of the locations where such work is to be done and have made myself/ ourselves aware of the scope and specifications of the work to be done and availability of the quantities of materials required. I/We distinctly agree that I/We would hereafter make no claim or demand upon the CORPORATION based upon or arising out of any alleged misunderstanding or misconceptions or mistake on my / our part of the said covenants, agreements, stipulations, restrictions and conditions. Any notice required to be served on me / us shall be considered to have been served on me/us if delivered to me/us personally or forwarded to me/us by post (Registered or ordinary) or by e-mail or left at my/our address given in the Bid documents. I/We fully understand the terms and conditions of the contract to be entered into between me/us and the CORPORATION and the written CONTRACT shall be the foundation of the rights of both the Parties.

Dated the day of .2013. Witness Signature Name & Address : Occupation : Bidder Signature

Bid document

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DECLARATION III (Declaration to be given by the Bidder at the time of submission of the completed BID) SERVICE TAX DECLARATION
Name of Work: Cleaning of dust bins, inspection chambers, Man holes and maintenance of UGD lines at colony for the period from April 2013 to March 2014

1. We are constituted as:a) Proprietary concern. b) Hindu Undivided Family c) Partnership firm d) Private / Public Limited Company e) Co-operative Society /Society 2. The Prices quoted are inclusive of service tax payable by us. The obligation to pay the said tax lies with us. OR The Services provided or to be provided by us are not liable to service tax, (Give reasons for non-taxability. Separate sheet may be added). 3. We are not liable to pay service tax as the total value of taxable service for the year 2013-14 is not expected to exceed ` 10.00 Lakhs. OR We are registered as a Service Tax Assessee. Our Service Tax registration number is.. 4. We are paying service tax under one of the following schemes: a. Paying service tax on the gross amount of the contract after deducting the actual value of goods transferred in execution of works contract, and the VAT / CST payable thereon. b. Paying service tax on 40% of the total value charged on execution of original works 1 c. For maintenance, repair, restoration, recondition etc., of goods, we are paying service tax on 70% of the total value charged for the works contract. d. For maintenance and repair not covered by 4(C) above and finishing services such as glazing, plastering, floor and wall tiling, installation of electrical fittings of an immovable property, we are paying service tax on 60% of the total value charges for the works contract. We declare that the foregoing details disclosed by us and options chosen by us are true and correct. Place: Date: Name of the contractor firm: Note: Strike out whichever provision is inapplicable to you.
Bid document ~9~

Signature . Name of signatory..

1. Original works means (a) all new constructions, (b) all types of additions and alterations to abandoned or damaged structures and land that are required to make them workable, (c) erection, commissioning or installation of plant, machinery, or equipment or structures.

DECLARATION IV (Declaration to be given by the Bidder at the time of submission of the completed BID) DECLARATION REGARDING PROVIDENT FUND Tender No. To: Executive Engineer (Civil) Roads and Buildings Division Karnataka Power Corporation Limited KADRA-581396 (Address of Unit) From: (Bidders name and address) Name of Work: Cleaning of dust bins, inspection chambers, Man holes and maintenance of UGD lines at colony for the period from April 2013 to March 2014 I hereby undertake to comply with all the requirement under EPF and MP Act 1952 and cover all the workmen to be engaged for the work entrusted by the corporation under the PF Act and make necessary remittance towards contributions as per the procedure in vogue in the corporation, I also agree to furnish the declaration about the number of employees, details of workers/employees such as name, designation, age and pay etc., while taking up the work for execution. Further priority should be given by me to engage the displaced persons from submersion area of KPCL in labour force. In case the work is awarded then PF remittance will be made to my own independent code number. Date:

Dated: Place:

Signature of Tenderer Name & Designation:

Bid document

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Company Seal:

DECLARATION V (Declaration to be given by the Bidder at the time of submission of the completed BID) DECLARATION REGARDING PROVIDENT FUND Tender No. To: Executive Engineer (Civil) Roads and Buildings Division Karnataka Power Corporation Limited KADRA-581396 (Address of Unit) From: (Bidders name and address) Name of Work: Cleaning of dust bins, inspection chambers, Man holes and maintenance of UGD lines at colony for the period from April 2013 to March 2014 I/we hear by declare that, none of my contracts have been terminated / foreclosed on account of my default in KPCL or elsewhere during last Ten years. Also I/we declare that, I/we am/are not under declaration of ineligibility for corrupt and fraudulent practices issued by Government of Karnataka. Date:

Dated: Place:

Signature of Tenderer Name & Designation: Company Seal:

Bid document

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NOTES:

1)

The currency period of the Bid shall be 180 Days from the date of opening of bid. If delay in deciding the TENDER is inevitable, the consent of the Bidder agreeing to keep open his offer for a minimum further period should be obtained in advance. The minimum further period for which the Bidder is required to keep his offer open should invariably be specified before his consent is obtained. EMD shall be valid for a period of 90 days from the date of opening of bid. The validity of EMD shall also be extended in case the validity of Bid is extended and the validity of EMD shall be 30 days beyond the Bid validity. The price bid of bidder whose EMD is not in the required format or found defective on any other consideration, the bid will not be considered. Bidder shall sign the all the declaration format enclosed with the TENDER document and scanned copy of the same shall be furnished

2)

3)

Bid document

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SECTION 1 I. INSTRUCTIONS TO BIDDER 1.0 1.0.1 GENERAL The Bidder shall carefully study and understand all the Bid specifications, technical, commercial and general conditions and fill-up all the proforma enclosed to the bid documents before submitting the Bid. The Bid documents are issued in one cover system contains Financial Bid contains Price Schedule - Bill of quantities and Notes, conditions of contract, bid document, drawings

1.0.2

1.0.3 Modifications, if any, to any of the clauses/specifications of the Bid documents which may become necessary as a result of the queries will be done by the Corporation with a corrigendum before submission of the Bid documents. 1.0.4 Please visit e procurement portal www.eproc.karnataka.gov.in for the date and time of opening of bid.

1.0.5 Final acceptance rests with the Corporation, which reserves the right to accept any or reject any or all Bids without assigning any reasons thereof. 1.0.6 This Bid document is intended as a general description of quality envisaged for material, workmanship and of the finished work. It is not intended to cover minute details. The work shall be executed in accordance with best modern practice and shall be to the complete satisfaction of the Corporation. Special techniques approved by the Engineer shall be used if and where found necessary. The information given in this specification is in good faith and meant to serve as a guide to the BIDDER. It is therefore, imperative that BIDDER shall obtain and examine himself all the data, information and particulars required for the satisfactory execution of the work under this enquiry.
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Bid document

The submission of a BID by a BIDDER implies that he has fully read the specifications, bid drawings, conditions of contract and has made himself aware of the scope and the specifications for the work to be performed and local conditions and other features which have a bearing on the cost and execution of the work. The OWNER shall not, therefore after acceptance of the bid, pay any extra charges for any reasons whatsoever. 1.1 TIME OF COMPLETION AND WORK SCHEDULE

1.1.1 Time is the essence of this Contract. The Bidder whose Bid is accepted by the Corporation shall discuss and obtain the approval of the Engineer for detailed construction schedule in the form of PERT / Bar chart within Ten days of the Letter of award. Construction schedule so approved shall become part of the agreement. 1.1.2 The whole work must be proceeded within such sections and at such times and in such order and manner as described in these specifications and as directed by the Engineer. No extra payment or relaxation in the rates will be permitted on account of this. 1.1.3 In case the contractor fails to achieve the targeted progress as stipulated due to non-procurement / arrangement of materials like equipments/machineries, plants etc., for road works and skilled / unskilled labourers as per agreed schedule, KPCL reserves the right to arrange for the above at the risk and cost of the contractor. INSPECTION OF SITE BY BIDDER BIDDER shall inspect the site, examine and obtain all information required and satisfy himself, regarding matters and things such as access to site, communication, transport, right of way, the type and number of equipment and facilities required for the satisfactory completion of work within specified times, the availability of local labour, availability and rates of materials, local working conditions, uncertainties of weather, obstructions and hindrances that may arise, etc., which may affect the work or cost thereof, before submission of his bid. Ignorance of site conditions shall not be accepted by the CORPORATION as basis for any claims. The submission of bid by the bidder will be construed as evidence that such an examination was made and any later claims/disputes in regard to rates quoted shall not be entertained or considered by the CORPORATION. The rates quoted by the Bidder shall be based on his own knowledge and judgement of the conditions and hazards involved and shall not be based on any information furnished by the CORPORATION. The Bidder has to take into account while quoting his rates, the safety precautions to be taken in the working area. BIDDER shall study the sub-soil conditions carefully and he shall resort to de-silting, dewatering, if necessary, at his own cost, by pumping and maintain reasonably dry for excavation for structures and for concreting/road works in foundations such that the progress of construction work is not hindered. 1.3
Bid document

1.2

PRICES AND RATES

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1.3.1

The rates quoted shall be firm and include cost of all materials finished or otherwise including all taxes, duties, Octroi, Service tax / sales tax / WCT / VAT and any other levies payable on all transactions, all leads and lifts, etc., overheads/profits of Contractor for due performance of the work under this contract. The rates shall also include cost for mobilization / demobilisation of equipment during the course of the contract and till issuance of completion certificate by the Engineer. The rates quoted by the Bidder shall be inclusive of sales tax on turnover, work contract tax, quarry fees, octroi, WCT/VAT, duties, cess, royalties, freight charges, ground rent etc., applicable as on the date of submission of Bids. No extra payment on this account shall be made to the Bidder. Any variation in taxes, duties, royalties etc., upward/downward shall be paid / recovered. The rates quoted shall be deemed to include everything necessary to complete the work satisfactorily as determined by the Engineer. The Corporation shall not supply any material required for the work. The prices and rates indicated shall remain unaltered for the use of any type of materials. Any impediments if any during execution shall overcome by the Contractor at no extra cost to the Corporation. The corporation will not make any additional payments/compensation towards these activities. The rates quoted shall be firm for the entire duration of the completion period as specified in Section-1A Sl.No.13 and subjected to provisions of Section-3 Clause-13 (a) (iii). RULES AND DIRECTIONS FOR THE GUIDANCE OF BIDDER

1.3.2

1.3.3

1.3.4

1.4

1.4.1 Every BIDDER who intends to BID for the work advertised by the KPCL shall ordinarily be a REGISTERED CONTRACTOR of the required class as per rules of REGISTRATION OF CONTRACTORS of KARNATAKA POWER CORPORATION LIMITED. 1.4.2 Authorised copies of the specifications, Bid drawings and schedule of rates and any relevant documents required in connection with the work will be open for inspection to BIDDER at concerned offices during office hours. 1.4.3 The Bid documents will be available in web site in ONE volume. Containing Bid notification, declaration, Conditions of Contract & Technical specifications etc., Bid drawings for tendering purpose. Price Schedule Bill of quantities and Notes.

1.4.4 The bid drawings are intended to give the Bidder a general idea of the work involved and as such, they are indicative and for Bid purpose only. Construction shall proceed only on the drawings released for construction by the OWNER/ENGINEER. No claim from the Bidder shall be entertained by the Corporation for the Released for Construction drawings being at a variance to any extent from those issued for Bid purpose. 1.4.5 In the event of the BID being submitted by a FIRM, it must be signed separately by each PARTNER thereof or in the event of the absence of any PARTNER, it shall be signed on his behalf by a person holding a power of attorney authorising him to do so. Such power of attorney
Bid document ~15~

should be scanned and uploaded with the BID and it must disclose that the firm is duly registered under the INDIAN PARTNERSHIP ACT. 1.4.6 Receipts for payments made on account of work when executed by a FIRM, shall also be signed by all the PARTNERS, except where the BIDDERS are described in their BID as a FIRM, in which case the receipts shall be signed in the name of the FIRM by one of the PARTNERS, or by some other person, having authority to give effectual receipts for the firm. 1.4.7 Any person who submits a BID shall fill Price Schedule- Bill of Quantities stating at what rate for each item specified in the Price Schedule- Bill of Quantities (Memorandum showing items of work to be carried out) he is willing to undertake the work. Only one rate for each item of work shall be quoted. Tenders which propose any alteration in the works specified in the BID or in the time allowed for carrying out the work, or which contains any other conditions, unless permitted by the CORPORATION will be liable for rejection. 1.4.8 The Officers calling for the Bid shall open the Bids. 1.4.9 i. If the rate(s) quoted be the Contractor for any item(s) of work is (are) below 75% or above 125% of the rates provided in the estimate as recast on the basis of schedule of rates of the year of submission of tender for the work. Such tender is liable to be rejected at the discretion of the accepting authority depending upon the type of item(s) for which such rates are quoted. However, such a tender can be considered for acceptance at the discretion of the accepting authority, with an additional security in the form of FDR/TDR acceptable to the corporation for an amount of 5% of the tendered amount or such smaller sums as may be decided by the accepting authority and provided further that this security shall be furnished before entering into agreement. ii. The Officer competent to dispose of the BID shall have the right of rejecting all or any of the Bids. 1.4.10 The rates Tendered and accepted holds good until the fulfilment of the Contract except as provided in Section 3 Clause 13. 1.4.11 1.4.12 The Measurements of Work will be taken according to the standard methods in use in the Public Works Department/CORPORATION. The Successful Bidder shall furnish two certified copies of AGREEMENT DOCUMENTS and all further drawings which may be issued during the progress of the work. He shall keep one set of these copies at site in good order. The BID of any BIDDER who does not accept the conditions contained in the BID documents unless otherwise permitted by CORPORATION is liable for rejection. Each BIDDER should give clearly in his BID, his place of Residence and Postal address. The delivery at the above named place or posting in the Post Box regularly maintained by the Post Office or sending by letter registered for acknowledgement or other communication shall be deemed sufficient service thereof.
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1.4.13

1.4.14

Bid document

1.4.15 The Earnest Money of the unsuccessful Bidders furnished will normally returned within six months after the receipt of the bid or one month after the acceptance of Bid whichever is earlier. The Earnest Money deposit shall not bear any interest. 1.4.16 The SUCCESSFUL BIDDER shall attend the specified Office of the KPCL, on or before the date fixed by written intimation to him for executing Agreement etc. Failure on the part of the SUCCESSFUL BIDDER to execute the CONTRACT AGREEMENT as specified herein above would entail forfeiture of EMD. Failure of the SUCCESSFUL BIDDER to execute the contract agreement will entail removal of his name from the list of registered Contractors. 1.4.17 The BIDDER is not permitted to withdraw his BID or to make any modifications in the terms and conditions of his bid before expiry of the BID validity period of 180 (One hundred and Eighty) days. 1.4.18 Income tax and surcharge if any, at the prevailing rates, at the time of making payment will be recovered from each bill as per the provisions of Income tax Act. In case of conflict regarding interpretation of the intent or meaning of the specification or drawing, the Engineer shall interpret such an intent or meaning which will be final and binding on the Contractor.

1.4.19

1.4.20 During evaluation, factors governing e-Procurement procedure shall hold good. 1.4.21 Not-withstanding what has been mentioned in other conditions in this booklet, the following procedure shall be followed with regard to deduction of royalty charges from the contractors bills. The Contractor shall include the prevailing royalty charges in the rates quoted by him irrespective of whether he bring the materials from i) KPCL owned quarry, ii) quarries leased to KPCL by Government iii) the quarry owned by the contractor, iv) other sources including dump yard and it shall be his responsibility to pay royalty to Government. He has to produce proof having paid royalty to Government for that particular work. If proof is not produced by the contractor royalty at the prevailing rates shall be deducted from his bills and remitted to the Government by KPCL The successful bidder should submit the programme of works after receipt of the acceptance letter to complete the work in all respect within the contract period. Every Bidder who intends to Bid shall be a registered Contractor of the required class as per rules of Registration of Contractors of the CORPORATION. In the event of the Bid being submitted by a Firm, each Partner thereof must sign it separately or in the event of the absence of any partner a person holding a power of attorney shall sign it on his behalf authorising him to do so. A certified copy of the power of attorney should be produced with the Bid. Receipts for payments made on account of work when executed by a Firm, shall also be signed by all the Partners, except where the
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1.4.22

1.4.23

1.4.24

1.4.25

1.4.26
Bid document

Contractors are described in their Bid as a Firm, in which case the receipts shall be signed in the name of the Firm by one of the Partners, or by some other person, having authority to give effectual receipts for the firm. 1.4.27 The Bidder shall fill up details in Schedule-B specifying the rate for each item of work. Only one rate for each item of work shall be quoted. Bids, which propose any alteration in the works, specified in the BID or in the time allowed for carrying out the work, or which contains any other conditions will be rejected. The Engineer shall have the right of rejecting all or any of the Bids without assigning any reasons and will not be bound to accept the Lowest Bid.

1.4.28

1.4.29

Special conditions: Labours: Contractors should follow strictly prevailing rules of labour act and other acts related to labours. The Contractor shall, unless otherwise provided in the Contract, make his own arrangements for the engagement of all staff and labour, local or other, and for their payment, housing, feeding and transport. The Contractor shall, if required by the Corporation, deliver to the Corporation a return in detail, in such form and at such intervals as the Corporation may prescribe, showing the staff and the numbers of the several classes of labour from time to time employed by the Contractor on the Site and such other information as the Corporation may require During continuance of the contract, the Contractor and his subcontractors shall abide at all times by all existing labour enactments and rules made there under, regulations, notifications and bye laws of the State or Central Government or local authority and any other labour law (including rules), regulations, bye laws that may be passed or notification that may be issued under any labour law in future either by the State or the Central Government or the local authority. The Contractor shall keep the Corporation indemnified in case any action is taken against the Corporation by the competent authority on account of contravention of any of the provisions of any Act or rules made there under, regulations or notifications including amendments. If the Corporation is caused to pay or reimburse, such amounts as may be necessary to cause or observe, or for non-

Bid document

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observance of the provisions stipulated in the notifications/bye laws/Acts/Rules/regulations including amendments, if any, on the part of the Contractor, Corporation shall have the right to deduct any money due to the Contractor including his amount of security deposit. The Corporation shall also have right to recover from the Contractor any sum required or estimated to be required for making good the loss or damage suffered by the Corporation. The employees of the Contractor in no case shall be treated as the employees of the Corporation at any point of time. Termination: The Corporation may terminate the Contract if the contractor causes a fundamental breach of the Contract. Fundamental breaches of Contract include, but shall not be limited to the following: The Contractor stops work for 45 days when no stoppage of work is shown on the current Program and the stoppage has not been authorized by the Corporation; The Corporation gives Notice that failure to correct a particular Defect is a fundamental breach of Contract and the Contractor fails to correct it within a reasonable period of time determined by the Corporation; The Contractor does not maintain a security which is required When either party to the Contract gives notice of a breach of contract to the Corporation for a cause other than those above, the Corporation shall decide whether the breach is fundamental or not. Notwithstanding the above, the Corporation may terminate the Contract for convenience. If the Contract is terminated the Contractor shall stop work immediately, make the Site safe and secure and leave the Site as soon as reasonably possible EMD may be forfeited, If the tenderer withdraws the tender after the tender opening during the period of tender validity. Safety: The contractor shall be responsible for the safety of all activities on the site. Instructions: The contractor shall carry out all instructions of the corporation which comply with applicable laws. Protection of Environment: The contractor shall take all reasonable steps to protect the
Bid document ~19~

environment on and off the Site and to avoid damage or nuisance to persons or to property of the public or others resulting from pollution, noise or other causes arising as a consequence of his methods of operation. During continuance of the contract, the contractor shall abide at all times by all existing enactments on environmental protection and rules made there under, regulations, notifications and bye-laws of the State or Central Government, or local authorities and any other law, bye-law, regulations that may be passed or notification that may be issued in this respect in future by the State or Central Government or the local authority.

1.4.30 Measurement of Work executed will be taken according to the standard methods in use in the Public works Department / CORPORATION. 1.4.31 The Contractor shall be furnished with one copy of Contract documents and all further drawings, which may be issued during the progress of the work duly signed and dated by the Engineer. He shall keep one set of these copies at site in good order. The same should, at all reasonable times, be available for the inspection and use by the Engineer/his representative or any inspecting Officer. 1.4.32 Any Bid that does not accept the conditions contained in the Bid documents, unless otherwise permitted by CORPORATION, will be rejected. 1.4.33 The Bidder shall give clearly in his Bid, his place of Residence and Postal address. The delivery at the above named place or posting in the Post Box regularly maintained by the Post Office or sending by registered post acknowledgement due or other communication shall be deemed sufficient service thereof. The Bidder is not permitted to withdraw his Bid or to make any modifications in the terms and conditions of his Bid before expiry of the Bid validity period of 180 days. Income tax, Surcharge on Income tax, Building and Construction workers cess and other statutory levies as applicable will be recovered from each bill. The information given in this specification is in good faith and meant to serve as a guide to the Bidder. It is therefore, imperative that the Bidder shall obtain and examine for himself all data, information and particulars required for the satisfactory execution of the work under this enquiry. The submission of a Bid by the Bidder implies that he has fully read the specifications, drawings, and conditions of Contract and has made himself aware of the scope and the specifications for the work to be performed and local conditions and other features,
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1.4.34

1.4.35

1.4.36

Bid document

which have a bearing on the cost and execution of the work. The CORPORATION shall not, therefore, after acceptance of the Bid be liable to pay any extra charges for any reasons whatsoever. 1.4.37 The Bidder should read the general notes to Schedule B before quoting rates against various items.

1.4.38 The Bidder shall abide fully with the conditions of the Bid and the contract relating to execution of works herein described. 1.4.39 The EMD of the rejected tenderers shall normally be returned within 6 (six) months after the receipt of tender or a week after the acceptance of tender whichever is earlier. VALIDITY OF THE BID All Bids shall be valid for acceptance for a period of 180 days from the date of opening of Bids during which period no change in prices and rates will be allowed. If any Bidder withdraws his Bid before the said period or makes any modification in the terms and conditions of the Bid, the CORPORATION shall without prejudice to any other right or remedy, be at liberty to reject the Bid and forfeit the EMD submitted along with the Bid. BID DRAWINGS

1.5 1.5.1

1.6

1.6.1 Bid drawings included in the Bid documents are intended to give the Bidder a general idea of the work involved and as such, they are indicative and for Bid purposes only. Construction shall proceed only as per the drawings released for construction by the CORPORATION. No claim from the Contractor shall be entertained by the CORPORATION for Released for Construction' drawings being at variance to any extent from those issued for Bid purpose. 1.6.2 No alteration or mutilation, other than filling particulars wherever called for, shall be made in the Bid documents. Any changes/modification made by the Bidder on the Bid documents itself shall not be taken into consideration. 1.6.3 In case of conflict regarding interpretation of the intent or meaning of the specification or drawing, the Engineer shall interpret such intent or meaning, which will be final and binding on the Contractor. 1.7 SUBMISSION OF BIDS

1.7.1 Rate shall be quoted in Tender Schedule-B in the website. 1.7.2 All successful tenderer should give an undertaking that he would abide by the provisions of the Employees Provident Fund Act. 1.7.3 The measurements of the work will be taken according to the standard method in use Public Works Department/Corporation. 1.7.4 Royalty charges will be recovered from the every bill as per the prevailing rates of GoK from time to time. 1.7.5 The Contractor shall include the prevailing royalty charges in the rates quoted by him irrespective of whether he bring the materials from (i) KPCL owned quarry, (ii) quarries leased to KPCL by Government or (iii)
Bid document ~21~

the quarry owned by the contractor, (iv) other sources including dump yard and it shall be his responsibility to pay royalty to Government 1.7.6 The rates quoted by the contractor within schedule shall hold good till the fulfillment of the contract without reference to the market rates or variation on labour rates or other cause. The escalation clause for materials, labour and DPOL will not apply. 1.7.7 The successful contractor has to make his own arrangements to procure all materials like Cement, Steel, Pipes, Explosives, Bitumen and other specials, if any required for the work and to be got certified about the quality as per specification (ISI or other Standard specification). KPCL can check the certification so submitted. 1.7.8 No Bank Guarantee shall be accepted towards EMD.

II. SPECIAL ATTENTION 1. The Bidder shall carefully study and understand all the tender specifications, technical, commercial and general conditions before submitting the Bid. The Bidder or his authorized representative shall visit the site and get conversant with the site conditions and other pertinent matters and details before submitting the bid. The bid document contains special attention, definition of terms, and condition of contract, price bid, and tender documents. The tender documents can be accessed on web site. The blank tender documents can be accessed through the e-procurement portal web site www.eproc.karnataka.gov.in and for assistance may contact HP Help desk Telephone Nos. 080-22485867 / 22485927. Filled tenders along with EMD must be electronically submitted on line through internet within the date and time published in e-Procurement portal. The tender will be opened at prescribed time and date in presence of the tenderers who wish to attend at the Office of Executive Engineer (Civil), Roads and Buildings Division, Kadra- 581396, Uttar Kannada Dist, Karnataka (State). 3. 4. 5. Bids with stipulations for settlement of dispute by reference to arbitration are liable for rejection. Tender without EMD, tenders not properly uploaded shall be rejected. The bid document will be opened at prescribed time and date in presence of the tenderers who wish to attend at the Office of the Executive Engineer (Civil), Roads and Buildings Division, Kadra581396, Uttar Kannada Dist, Karnataka (State). Final acceptance rests with the Corporation. Corporation reserves the right to accept any or reject any or all tenders without assigning any reasons thereof.
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2.

6.

Bid document

8.

Rates quoted in price bid shall be final. The tenderer shall quote for all items in the price bid. Items for which no rate or price is entered by the tenderer, the payment for such item will not be made and shall be deemed to be covered by the other rates and prices in the price bid. The contractor shall quote his rates inclusive of all applicable taxes, levies, duties and cess, Building Workers Welfare Cess etc., as per the latest GoK and GoI prevailing as on the date of Notice Inviting Tender. Monsoon period will be reckoned from 15th June to 15th October.

9.

10.

SECTION-1A DEFINITION OF TERMS

1.0

ACT OF INSOLVENCY shall mean any Act of Insolvency as defined by the Presidency Towns insolvency Act, or the Provisional Insolvency Act or any amending statute. APPROVED and APPROVAL', where used in the Specification' shall mean, respectively, approved by and approval of the OWNER or the ENGINEER. When the words Approved', Approval', Subject to Approval', Satisfactory', Equal to', Proper', Requested', As directed', Where Directed', When Directed', Determined by', Accepted', Permitted', or words and phrases of like import are used, the approval, judgments, direction, etc., is understood to be a function of the OWNER or the ENGINEER AWARD OF CONTRACT shall mean issue of the letter of award. BID means the offer of the BIDDER to the OWNER in response to the Bid enquiry. BIDDER shall mean the Firm / Party who quotes against this BID. BIDDER'S WORKS' shall mean and include the land and other places which are used by the Contractor for the performance of the "works". CAMP AREA shall mean the area in which the Bidder has temporarily housed his labour force deployed for the execution of work with the permission of the Engineer. CODES & STANDARDS shall mean all applicable codes and standards as indicated in the Technical Specifications.
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2.0

3.0 4.0

5.0 6.0

7.0

8.0 Bid document

9.0

CONTRACT' shall mean the order and associated documents executed by the OWNER and the BIDDER including other documents agreed between the parties or implied to form a part of the CONTRACT. CONTRACTOR' shall mean the SUCCESSFUL BIDDER whose BID has been accepted by the CORPORATION and who has entered into an Agreement with the CORPORATION for the fulfilment of the CONTRACT and shall include his heirs, legal representatives, successors. CONTRACT PRICE shall mean the price stated in the letter of award and thereafter as adjusted in accordance with the provisions of the contract. CONTRACT PERIOD shall mean period of 06 (Six) calendar months excluding monsoon period, commencing from date of issue of Letter of Award or to the extent of valid extension permitted by the OWNER and 60 calendar months of maintenance period thereafter during which the CONTRACT' shall be executed as agreed between OWNER and CONTRACTOR. COMPLETION PERIOD shall mean a period of 06 (Six) calendar months excluding monsoon period, commencing from the date of issue of Letter of Award till the issue of completion certificate and as may be extended from time to time. COMPLETION' shall mean that all work' is completed as directed and the 'Site' is cleared to the satisfaction of the ENGINEER. DATE OF CONTRACT' shall mean the calendar date on which the OWNER and BIDDER have signed the CONTRACT. EFFECTIVE DATE OF CONTRACT The Contract shall be deemed to have come into force and effect from the date of issue of Letter of Award by the Owner to the Contractor provided the contract agreement has been executed and delivered by the parties. DRAWINGS shall mean all: (a) Drawings furnished by the OWNER or the ENGINEER as a basis for proposals. (b) Drawings furnished by the OWNERS CONSULTANT duly approved by the OWNER. (c) Supplementary drawings furnished by the OWNER or the ENGINEER to clarify and to define in greater detail the intent of the CONTRACT';

10.0

11.0

12.0

13.0

14.0

15.0

16.0

(d) Drawing submitted by the BIDDER with his proposal provided, such drawings are acceptable to the OWNER or the ENGINEER; (e) Drawings furnished by the OWNER or the ENGINEER to the BIDDER during the progress of the work; and

Bid document

~24~

(f)

Engineering data and drawings submitted by the BIDDER during the progress of the work provided, such drawings are acceptable to the OWNER.

17.0

ENGINEERS INSTRUCTIONS shall mean any drawings and/or instructions oral and/or in writing, details, directions and explanations issued by the ENGINEER or the OWNER from time to time during the CONTRACT PERIOD'. ENGINEER shall mean CHIEF ENGINEER (CIVIL-KALI), KPCL Ganeshgudi or such other Officer as may be appointed to act as the ENGINEER for the purpose of the contract and shall also mean and include the SUPERINTENDING ENGINEER and EXECUTIVE ENGINEER or other Officers directly in-charge of the work or any Part thereof. ENGINEER-IN-CHARGE shall mean the EXECUTIVE ENGINEER directly in-charge of the work or his duly authorised officer who shall direct and supervise the work. LETTER OF AWARD or LOA or NOTICE OF AWARD OF CONTRACT means the formal communication in writing by the Owner to the Contractor of the acceptance of the Bidders Bid. The Contract period will be reckoned from the date of Letter of Award. MONTH shall mean calendar month. MAINTENANCE PERIOD' shall mean the period of 24 months from the date of completion as certified by the ENGINEER, during which the structure has to function without any trouble and the contractor has a liability as specified in the Section 3.19 NOTICE IN WRITING or WRITTEN NOTICE' shall mean a notice in writing, typed or printed or hand written characters sent (unless delivered) personally or by any agreed system of electronic transmission to the last known private or business address or registered office of the addressee and shall be deemed to have been received when in the ordinary course of post it would have been delivered. OWNER' / CORPORATION shall mean The Karnataka Power Corporation Ltd., and shall include its successors and assignees as well as its authorised officers/representatives. PLANT / EQUIPMENT' shall mean and include any or all plant, machinery, tools and other implements of all description necessary for the execution of the work in safe and workman like manner. PROJECT' means the Facility and the Work as an integrated whole, all as described in greater detail in the specification hereto. SITE shall mean and include all the area in which operations in respect of the work are carried out. This term shall also include materials stacking yard and the area where temporary structures are
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18.0

19.0

20.0

21.0 22.0

23.0

24.0

25.0

26.0

27.0

Bid document

put up for installing machinery etc. SITE shall also mean the actual place of the proposed Project as detailed in the Specification or other place where Work has to be executed under the CONTRACT.
28.0

SPECIFICATION' shall mean collectively all the terms and stipulations contained in those portions of the CONTRACT' known as General Conditions, the Specifications and such Amendments, Revisions, Deletions or Additions, as may be made in the Agreement and all written Agreements made or to be made pertaining to the method and manner of performing the Work or the quantities and qualities of the materials to be furnished under this CONTRACT'. The Words TENDERER and BIDDER shall have the same meaning wherever used in this contract. WRITING shall include any manuscript, typewritten, e-mail or printed statement, under or over signature and/or seal as the case may be. The expression WORK' or WORKS' where used in this contract shall unless there be something in the subject or context repugnant to such construction be construed to mean the work or works to be executed under or by virtue of the contract, whether temporary or permanent, whether original, altered, substituted, additional or modified. Words imparting the singular only shall also include the plural and vice versa, where the context requires. Wherever figures are given under the word Elevation' or an abbreviation of it or where figures representing elevations are given, they shall mean the elevation relative to the arbitrary / permanent bench mark fixed by the ENGINEER for the particular work, located as shown on site plan or a datum level established by the CORPORATION. In case of any conflict relating to the meaning of the Terms and Conditions of Contract, Specification, Designs, Drawings and Instructions mentioned hereinafter and as to the quality of workmanship or materials used on the works, the decision of the ENGINEER shall be final, conclusive and binding on all parties to the "CONTRACT".

29.0

30.0

31.0

32.0
33.0

34.0

Bid document

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SECTION-2 CONDITIONS RELATING TO EXECUTION OF WORKS 2.1 2.1.1 GENERAL This Bid document is intended as a general description of quality envisaged for material, workmanship and of the finished work. It is not intended to cover minute details. The work shall be executed in accordance with best modern practice and shall be to the complete satisfaction of the CORPORATION. Special techniques approved by the Engineer shall be used if and where found necessary. TIME OF COMPLETION AND WORK SCHEDULE

2.2

1.1.4 Time is the essence of this Contract. The Bidder whose Bid is accepted by the Corporation shall discuss and obtain the approval of the Engineer for detailed construction schedule in the form of PERT / Bar chart within Ten days of the Letter of award. Construction schedule so approved shall become part of the agreement. 2.2.1 The construction schedule shall be reviewed periodically with the Engineer to ensure that the completion is achieved or to institute corrective steps (at no extra cost to the CORPORATION) to adhere to the same. The Engineer reserves the right to revise the schedule at his discretion in order to achieve completion within the completion period and to suit the project requirement and such revisions shall not entitle the Contractor to any extra payment. 2.2.2 The whole work must be proceeded within such sections and at such times and in such order and manner as described in these specifications and as directed by the Engineer. No extra payment or relaxation in the rates will be permitted on account of this. 2.2.3 In case the contractor fails to achieve the targeted progress as stipulated due to non-procurement / arrangement of materials like
Bid document ~27~

equipments/machineries, plants etc., for road works and skilled / unskilled labourers as per agreed schedule, KPCL reserves the right to arrange for the above at the risk and cost of the contractor. 2.2.4 2.3 2.3.1 The Contractor should furnish the Engineer progress reports of work. COMPLETION The work shall commence in the site immediately after the date of issue of letter of award. Completion shall be achieved within the Completion period as mentioned in Letter of Award. NIGHT WORK

2.4

2.4.1 Where night work is in progress, the Contractor, at his cost, shall provide sufficient lights to safeguard workmen and public and he shall take suitable precautions to prevent accidents. If so directed by the Engineer, excavated areas shall be barricaded and provided with red lights as caution to prevent any accident. Night work shall not entitle the Contractor to any extra payment.

2.5

EQUIPMENT

2.5.1 CONTRACTOR shall provide and maintain at the site necessary number and type of machinery and equipment including Tools and Plants required for the work in good working condition for proper setting out and timely completion of the various works covered under this specification. All arrangements for transporting the equipment to and from the site shall be done by the CONTRACTOR at his own expense. No claim shall be entertained for mobilizing additional equipment and/or personnel to complete the work within stipulated time. 2.5.2 CONTRACTOR shall provide all Fuels and Lubricants required for the operation and maintenance of construction machinery and equipment as well as his transport vehicle at his cost. 2.5.3 CONTRACTOR shall ensure a continuous supply of materials required for the work confirming to the specifications for the duration of the contract period. 2.5.4 The Contractor shall ensure that work shall proceed uninterrupted even in the event of power failures. As such, adequate number of diesel operated machinery shall be provided by the Contractor as an alternative arrangement in case electrically operated machinery are proposed to be brought to site. 2.6 WORK EXECUTION AND SUPERVISION 2.6.1 CONTRACTOR shall have at the site qualified Engineers and foreman/Supervisors with adequate number of years experience in execution of similar type of works and also operators of machinery and equipment for satisfactory progress and timely completion of the work. 2.6.2 In the event of occurrence of any accidents at/near the site of work or in connection with execution of the work, a report shall be made
Bid document ~28~

immediately to the ENGINEER giving full details of the accident. He shall also report such accident to all the competent authorities wherever such reports required by them. 2.6.3 ENGINEER reserves the right to order from time to time during progress of the work, removal and re-execution of any work which is not, in opinion of the ENGINEER, in accordance with the specification. 2.6.4 Should the works be suspended by reason of strike/riots by CONTRACTORS own employees or any other cause whatsoever, except the force majeure condition, CONTRACTOR shall take all precautions necessary for the protection of work and make good, at his expense, any damage arising from any of these causes. 2.6.5 The Contractor shall make his own arrangement for providing accommodation for all necessary staff and storage space for machinery and equipment and consumables such as but not limited to petrol, diesel, lubricants etc., for efficient and uninterrupted execution of the Work. 2.6.6 The Contractor has to make his own arrangement for site office, and storage yard etc., at his own cost, 2.7 SITE CLEARANCE

2.7.1 On completion of work, the contractor shall promptly demobilize from the site and leave the place in a manner as directed by the OWNER/ENGINEER, including cleaning of the area. CONTRACTOR shall start demobilization only after the successful completion of contract. 2.8 OTHER WORKS

2.8.1 During the course of contractors works, other works either by Corporation or by other contractors or by both simultaneously will be in progress within project area. Contractor shall make his best effort to work in harmony, with others in the best overall interest of the project and towards the speedy completion. 2.9 SECURITY AND SAFETY RULES OF CORPORATION

2.9.1 The site is a protected place and entry to the site is restricted and no person shall be employed or allowed on the site without the prior authority in writing of the corporation. All persons employed or allowed on the site shall at all times confirm with all regulation laid down by the corporation for the personnel employed upon the site. 2.9.2 Contractor shall strictly abide by the rules and regulations of security /safety enforced by the corporation. Contractor shall provide proper identity cards, badges etc., to his employees whenever directed by the Engineer. 2.9.3 Contractor shall be solely responsible for the security of his personnel, machinery and equipment deployed for the work. 2.9.4 Contractor, his employees and agents shall not disclose any information or drawing furnished to them by the Engineer. All drawing, reports or any other information prepared by the Engineer/Contractor either
Bid document ~29~

individually or jointly for the execution of the contract shall not be disclosed without prior written approval of the Engineer, no photographs of the work or plant within the project site shall be taken without prior written approval of the corporation. 2.9.5 Safety gadgets should be provided to personnels deployed on duty. 2.9.6 While carrying out the works they should be very careful and they should not touch cables, conveyor belt, equipments and other hazardous materials. 2.9.7 All the necessary safety measures shall be taken by the agency in respect of labourers working in the area and it is the responsibility of agency that there shall not be any damages to the corporation properties

Bidder division

EXECUTIVE ENGINEER (C) Roads and Buildings KPCL-KHEP-II, Kadra SECTION3

GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF THE CONTRACTOR 1. All works proposed to be executed by contract will be notified in the form of invitation to tender put up on the notice boards of concerned offices/e-procurement. It may also be published in the NEWS Papers wherever required. This form will state the work to be carried out as well as the date for submitting and opening tenders and the time allowed carrying out the work. Also the amount of earnest money to be deposited with the tender and the amount of the security deposit to be deposited by the successful tenderer and the percentage, if any, to be deducted from bills. Every contractor who intends to tender for the work advertised by the KPCL shall be a Registered Contractor in KPCL of the required Class as per rules of registration of Contractor of Karnataka Power Corporation Limited. 3. Authorized copies of the specifications, designs and drawings and Schedules of rates and any relevant documents required in connection with the work will be open for inspection to contractors at concerned offices during office hours. The memorandum of work to be tendered for the Schedule of materials to be supplied by the Corporation and their rates shall be filled in and completed by the officer before the tender form is issued. In the event of the tender being submitted by a firm, it must be signed separately by each partner thereof or in the even of the absence of
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2.

4.

5.

Bid document

any partner, it shall be signed on his behalf by a person holding a power of attorney authorizing him to do so. Such power of attorney should be produced with the tender and it must be disclosed that the firm is duly registered under the Indian Partnership Act. 6. Receipts for payments made on account of work executed by a firm, shall also be signed by the all the partners except where the contractor are described in their tender as a firm in which case the receipts shall be signed in the name of the firm by one of the partners or by some other person, having authority given by the firm. Any person who submits a tender shall fill up in the Website stating at what rate for each item Schedule-B (memorandum showing items of work to be carried out), he is willing to undertake the work. Only one rate for each item of work shall be quoted. The officer calling for tenders shall open tenders in the presence of Contractors or their representatives who may be present at the time. i) If the rate (s) quoted by the Contractor for any item (s) of work is (are) below 75% or above 125% of the rates provided in the estimate as recast on the basis of schedule of rates of the year of submission of tender for the work. Such tender is liable to be rejected at the discretion of the accepting authority depending upon the type of item (s) for which such rates are quoted. However, such a tender can be considered for acceptance at the discretion of the accepting authority, which an additional security in the form a FDR/TDR acceptable to the Corporation, for an amount of 5% of the tendered amount of such smaller sums as may be decided by the accepting authority and provided further that this security shall be furnished before entering into agreement. ii) The officer competent to dispose of the tender shall have the right of rejecting all or any of the tenders without assigning any reasons and will not be bound to accept the lowest tender. 10. The rates tendered and accepted hold good until the fulfillment of the contract except as provided in Clause-13 of the conditions of the contract. The measurements of work will be taken according to the standard methods in use in the Public Works Department/Corporation. The tender of any contract who does not accept the conditions contained in the tender documents unless otherwise permitted by Corporation is liable to be rejected. Each tenderer should give clearly in his tender, his place of residence and postal address. The delivery at the above named place or posting in the post box regularly maintained by the Post office or sending by letter registered for acknowledgement or other communication shall be deemed sufficient proof thereof. The successful tenderer shall attend the specified office of the KPCL on or before the date fixed by written intimation to him for executing agreement etc. Failure on the successful tenderer to execute the
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7.

8. 9.

11. 12.

13.

14.

Bid document

contract agreement as specified herein above would entail forfeiture of EMD. The amount so forfeited will have to be made good by the concerned contractor with the registering authority to tender for other works. Failure of the Contractor both to deposit in initial Security deposit and to execute the Contracts as contemplated in the rules for the registration of contractors. In addition the contractor will be responsible for making good the extra expenditure incurred by the Corporation due to calling of fresh tender etc., failing which the same will also be recovered from his dues for other works as contemplated in Clause-36 of the condition of contract. 15. The tenderer is not permitted to withdraw his tender or to make any modifications in the terms and conditions of his tender before expiry of the tender validity period of 180 days.

TENDER FOR WORKS I/We hereby tender for execution for the KARNATAKA POWER CORPORATION LIMITED, (herein before and herein after referred to as the Corporation) of the work specified in the under mentioned memorandum within the time specified in such memorandum at the rates quoted for each item specified in the Price Bid (memorandum showing the items of work to be carried out) and in accordance in all respects with specifications, designs, drawings and instructions in writing. MEMORANDUM Cleaning of dust bins, inspection chambers, Man holes and maintenance of UGD lines at colony for the period from April 2013 to March 2014 `9.17 Lakhs `22,930.00 2.50% 5.00%

a) Name of work

b) Amount put to tender c) Earnest money deposit Initial Security deposit (EMD) Further Security deposit to be d) deducted from the current bills at ..% of gross amount of each bill.
Bid document ~32~

e) Time allowed for completion of work.

12 (Twelve) months including monsoon period.

Should this tender be accepted I/We agree to abide by and fulfill all the terms and provisions of the conditions of the contract annexed hereto and all the terms and provisions contained in the Notice inviting tenders so far as applicable and in default thereof to forfeit and pay to Corporation, the sum of money mentioned in the said conditions. A sum of `22,930.00 is paid through e-procurement portal as Earnest money I/We agree that if I/We fail to execute the agreement or to commence the work specified in the above memorandum an amount equal to the amount of Earnest Money shall be absolutely forfeited to the Corporation or out of any other money due to me/us from any other works in Corporation/State Government/ Central Government/or otherwise. I/We hereby distinctly and expressly declare and acknowledge that before the submission of this tender, I/We have carefully followed the instructions read the relevant Indian Standard Specifications and I/We have made examination of the contract documents and plans, specifications and quantities and of the locations where such work is to be done and have made myself/ourselves aware of the scope and specifications of the work to be done and availability of the quantities of materials required. I/We distinctly agree that I/We would hereafter make no claim or demand upon the Corporation based upon or arising out of any alleged misunderstanding or misconceptions or mistake on my/our part of the said covenants, agreements, stipulations, restrictions and conditions. Any notice required to be served on me/us shall be sufficiently served on me/us if delivered to me/us personally or forwarded to me/us by post (registered or ordinary) or left on my/our address given in the tender. I/We fully understand the terms and conditions of the contract to be entered into between me/us and the Corporation and the written contract shall be foundation of the rights of the both the parties. Date this .day of .2013 CONTRACTOR Address Witness: Address: M/s .. .. Occupation ..

The above tender is hereby accepted by me on behalf of the Corporation.

Bid document ~33~

Dated the.day of ..2013

EXECUTIVE ENGINEER (C) Roads and Buildings division KPCL-KHEP-II, Kadra NOTES: The currency period of the tender shall be 180 days from the date of opening of bid. If delay in deciding the tender is inevitable, the consent of the tenderer agreeing to keep open his offer for a minimum further period shall be obtained in advance. The minimum further period for which the tenderer is required to keep his offer open should invariably be specified before his consent is obtained if the validity of the tender is required to be extended. SECTION - 3 CONDITIONS OF CONTRACT 3.1.1 Clause -1(a) SECURITY DEPOSIT The person/persons whose tender may be accepted (herein after called the CONTRACTOR which expression shall unless the context otherwise requires, includes his heirs, executors, administrators and assigns) shall pay security deposit in cash/demand draft/deposit at call receipt/FDRs equivalent to the earnest money deposit indicated in column (ii) of the table given below and shall permit Corporation. (a) to deduct at the percentage mentioned in the Column (iii) of the table give below of all moneys payable for work done as per contract at the time of making such payments to him/ them and (b) to hold such deductions as Further Security Deposit.

Bid document

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Estimated cost of the work Upto `20,00,000/`20,00,000/- to `1.00 Crore `1.00 Crore and above upto `10.00 Crores `10.00 Crores & above

EMD percentage 2.5% 2.0% Subject to minimum of `50,000/1.5% Subject to minimum of `2.00 Lakhs. 1.0% Subject to minimum of `15.00 Lakhs

FSD percentage

5.0%

5.5%

6.0%

6.5%

3.1.2

Clause-1(b) In cases where additions are made to the tendered work under the provisions of Clause-13 an additional amount of Security Deposit at the rates mentioned in Sub-Clause (a) above should be paid by the Contractor if a portion of the work is withdrawn from the Contractor under the provisions of Clause-15 (a) a proportionate reduction in the amount of Security deposit may be allowed by the officer of the corporation calling the tender.

3.1.3

Clause-1(c) : Conversion to interest bearing securities: The Security Deposit paid in cash as also the FSD deducted from the bills may at the cost of the Contractor, be converted into interest bearing securities provided that the contractor has expressly desired this in writing.

3.1.4 3.1.5

Clause-1(d) : Release against Bank guarantee: -DeletedClause- 1 (e):Dues to Corporation to be set off against Security deposit: All compensation or other sums of money payable by the Contractor to the Corporation under the terms and this contract may be realized or deducted from any Security Deposit payable to him or from the interest arising there from or from any sums which may be due or may become due by Corporation to the Contractor on any account whatsoever and in the event of his security deposit being

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reduced by reason of any such realization or deduction as aforesaid, the Contractor shall, within ten days thereafter, make good in cash any sum or sums which have been deducted from, or raised by sale of his security deposit or any part thereof. 3.1.6 Clause - 1(f): Refund of Security Deposit: The EMD and FSD lodged/paid by a Contractor shall be refunded to him after the final bill is paid or after satisfactory completion of the maintenance period (nil) whichever is later.

PENALTY FOR DELAY 3.2.1 Clause - 2(a): WRITTEN ORDER TO COMMENCE: After acceptance of the Bid, the Corporation shall issue a written order to the successful Contractor to commence the work. The Contractor shall enter upon or commence any portion of work only with the written authority and instructions of the Corporation. Without such instructions, the Contractor shall have no claim to demand for measurements or payment for work done by him. 3.2.2 Clause - 2(b): PROGRAMME OF WORK: The Contractor shall carry out execution of the Work as per accepted programme in consultation with the Engineer as per Section 4.04.00 on demand. 3.2.3 Clause - 2(c): REVIEW OF PROGRESS AND RESPONSIBILITY FOR DELAY ETC: The progress of all works shall be reviewed by the Executive Engineer with the Contractor during the first fortnight of every month. Such a review shall take into account the programme fixed for the previous month, obligations on the part of the Corporation like supply of materials, drawings etc., and also the obligations on the part of the Contractor. i. Apportioning of responsibility for delay between Contractor and Corporation: In case the progress achieved fall short of the agreed programme, the reasons for such shortfall shall be examined and a record made thereof apportioning the responsibilities for delay between the Contractor and the Corporation. This record should be signed in full and dated both by the Executive Engineer and Contractor. To the extent the shortfall is assessed as due to the delay on the part of the Contractor, the Contractor shall be liable to pay penalty as indicated Clause 02 (d) below. ii. Grant of extension of time: If the delay is attributable to reasons beyond the control of the Contractor requisite extension of time shall be granted by the Executive Engineer in accordance with Clause-5 after obtaining the approval of his higher authorities wherever necessary. Review or Engineer: progress by Superintending Engineer/Chief

iii.

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The Superintending Engineer and Chief Engineer shall review the progress once in every month. These reviews are in addition to the monthly reviews required to be done by the Executive Engineer. The results of the review by the higher authorities shall, wherever necessary be incorporated in the next review by the Executive Engineer. iv. Settlement of dispute regarding shortfall in progress: In case of dispute between the Executive Engineer and the Contractor regarding the responsibility for the shortfall in progress, the matter shall be referred to the Superintending Engineer who shall thereupon give a decision within one month of the date of receipt of reference. The decision of the Superintending Engineer shall be final and binding on the Contractor.)

3.2.4

Clause - 2(d): PENALTIES FOR DELAY: In respect of the shortfall in progress, assessed as due to the delay on the part of the Contractor as per Clause 02 (b) and 02(c), the Contractor shall be liable to pay as penalty an amount equal to 1% (one percent) of the estimated cost of the balance work assessed according to the programme, for every day that the due quantity of work remains incomplete provided always that the total amount of penalty to be paid under the provisions of this clause shall not exceed 7 % (Seven and half percent) of the cost of the entire work as shown in the contract, provided further that in the event of the Contractor making up the shortfall in progress within the stipulated or extended or extended time of completion, the penalty so recovered may be refunded on an application in writing by the Contractor. NOTE: If the Executive Engineer considers it necessary he shall be entitled to take action as indicated in Clause 03 (d) also.

3.2.5

Clause - 2(e): ADJUSTMENT OF EXCESS / OVER PAYMENTS: Excess/over payment as soon as they are discovered should be adjusted immediately in the next Running Account bill of the Contractor and in case the final bill has already been paid, the excess/over payment shall be recovered from any outstanding due to the Contractor or the Security Deposit of the Contractor together with an interest at prevailing rates from the date of such excess or over payment to the date of recovery.

3.3.0 Clause 3: ACTION WHEN THE WHOLE OF SECURITY DEPOSIT IS FORFEITED: In any case in which under any clause or clauses of this Contract, the Contractor shall have rendered himself liable to pay compensation and/or penalty amounting to the whole of the Security deposit including the amount deducted in installments from his bills as further Security Deposit. The Executive Engineer, on behalf of the Corporation shall have power to adopt any of the following courses as he may deem best suited in the interest of Corporation. 3.3.1 Clause - 3(a): Forfeiture of Security Deposit:
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Without prejudice to Corporation right to recover any loss from the Contractor under sub clauses (b) and (c) of Clause-3 of the contract, to rescind the contract (of which rescission notice in writing to the Contractor under the hand of the Executive Engineer or other competent authority shall be conclusive evidence), and in that case, the Security Deposit of the contractor including whole or part of the lumpsum deposited by him and also the amount deducted from his bills Further Security Deposit, shall stand forfeited and be absolutely at the disposal of the Corporation.. 3.3.2 Clause - 3(b): DEBITING COST OF LABOUR AND MATERIALS SUPPLIED: The Corporation may employ labour and supply to carry out the work or any part of the work, debiting the Contractor with the cost of the labour and the price of the materials (as to the correctness of which cost and price, the certificate of the Engineer shall be final and conclusive against the Contractor) and crediting him with the value of the work done, in all respects in the same manner and at the same rates as if it had been carried out by the Contractor under the terms of this Contract and in that case the certificate of the Engineer as to the value of the work done shall be final and conclusive against the Contractor. 3.3.3 Clause - 3(c): RECOVERY OF EXTRA COST ON UNEXECUTED WORK: To measure up the work of the original Contractor and to take such part there of as is remaining unexecuted out of his hands, and to give it to another Contractor to complete it, in which case any expenses which may be incurred in excess of the sum which would have been paid to the original Contractor, if the whole work had been executed by him (as to the amount of which excess expenses the certificate in writing of the Engineer shall be final and conclusive) shall be borne and paid by the original Contractor and shall be deducted from any amount due to him by Corporation under this Contract or any Contract in Corporation /State Government/Central Government or otherwise or from his Security deposit or the proceeds of sale thereof or a sufficient part thereof. 3.3.4 Clause - 3(d): ACTION AGAINST UNSATISFACTORY PROGRESS : If the Contractor does not maintain the rate of progress as required under Clause 2 and if the progress of any particular portion of work is unsatisfactory even after taking action under Clause 2(c) & (d),the Engineer shall be entitled to take action under clause 3(b) & (c) at his discretion in order to maintain the rate of progress after giving the contractor ten (10) days notice in writing where upon the contractor will have no claim for any compensation for any loss sustained by him owing to such actions. 3.3.5 Clause - 3(e): NO COMPENSATION FOR LOSS SUSTAINED ON ADVANCE ACTION: In the event of any of the above courses being adopted by the Engineer, the Contractor shall have no claim to compensation for any
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loss sustained by him by reason of his having purchased or procured any materials or entered into any engagements or made any advances on account of, or with a view to the execution of the work or the performance of the Contract and in case the Contract shall be rescinded under the provision aforesaid, the Contractor shall not be entitled to recover or be paid any sum for any work thereof actually performed by him under this Contract, unless and until the Engineer shall have certified in writing the performance of such work and the amount payable in respect thereof, and he shall only be entitled to be paid the amount so certified. 3.4.0 Clause 4: CONTRACTOR TO REMAIN LIABLE TO PAY COMPENSATION IF ACTION IS NOT TAKEN UNDER CLAUSE 3: In any case in which any of the powers conferred upon the Corporation by Clause 3 hereof shall have become exercisable and the same shall not have been exercised, the non-exercise thereof shall not constitute a waiver of any of the conditions hereof and such powers shall not-withstanding be exercisable in the event of any future case of default by the Contractor for which under any clause hereof he is declared liable to pay compensation or penalty amounting to the whole of his Security deposit and the liability of the Contractor for past and future compensation or penalty shall remain unaffected. Power to take possession of or require removal of or sell Contractors properties: In the event of the Engineer taking action under sub-clause (a) or (c) of Clause3, he may, if he so desires; take possession of all or any tools, plant, materials and stores, in or upon works or the site thereof belonging to the Contractor, or procured by him and intended to be used for the execution of the work or any part thereof, paying or allowing for the same in account at the Contract rate, or in the case of Contract rate not being applicable, at current market rates, to be certified by the Engineer whose certificate thereof shall be final. In the alternative, the Engineer may after giving notice in writing to the Contractor or his authorised agent, require him to remove such tools, plant, materials or stores from the premises within a time to be specified in such notice and in the event of the Contractor failing to comply with any such requisition, the Engineer may remove them at the Contractors expense or sell them by auction or private sale on account of the Contractor and at his risk in all respects and the certificate of the Engineer as to the expense of any such removal and the amount of the proceeds and expense of any such sale shall be final and conclusive against the Contractor. 3.5.1 Clause - 5: GRANT OF EXTENSION OF TIME

In the event the Contractor is hindered in the execution of work for reasons beyond his control which could result in non-completion of Work within the Completion period, the Corporation may, at the request of the Contractor in writing, extend the Completion period and the Contract period by such period as it consider reasonable under the circumstances, provided that such request shall be made
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within 30 days of the occurrence of the cause necessitating the extension and/or the expiry of the Completion period. If any such extension of time is given, the contractor has to carry out the work at his quoted rates only. 3.6.0 Clause 6: ISSUE OF FINAL CERTIFICATE CONDITIONS REGARDING: Upon achieving completion, the Contractor shall report in writing to the Engineer. Then he shall be furnished with a certificate by the Engineer of such completion, but no such certificate shall be given and completion considered to be achieved until the Contractor shall have removed from the premises on which the work was executed, all scaffolding, surplus materials and rubbish are clean thoroughly all parts of the structure, in or upon which the work was executed, or of which he may have had possession for the purpose of executing the work, or until the work shall have been measured by the Engineer or other competent authority, or where the measurements have been taken by his subordinates until they have received the approval of the Engineer or other competent authority, the said measurement, being binding and conclusive against the Contractor. If the Contractor shall fail to comply with the requirements of this clause as to the removal of scaffolding, surplus materials and rubbish, and cleaning on or before the Completion period, the Engineer may, at the expense of the Contractor, remove such scaffolding, surplus materials and rubbish, and dispose off the same as he think fit and clean off such dirt etc., as aforesaid, and the Contractor shall be liable to pay the amount of all expenses so incurred, but shall have no claim in respect of any such scaffolding or surplus materials as aforesaid except for any sum actually realised by the sale thereof. 3.7.1 Clause - 7(a) : CONTRACTOR TO SUBMIT BILLS MONTHLY IN PRINTED FORM A bill shall be submitted by the contractor on 15th of every month for all the items of works executed in the previous month. All bills shall be prepared in the prescribed printed or typed form in quadruplicate and handed over to the subordinate in-charge of the work/Sub-division or division office and acknowledgement obtained. The charges to be made in the bills shall always be entered at the rates specified in the Contract in full or in part as the case may be. In case of any extra work ordered in pursuance of these conditions and not mentioned or provided for in the Contract, the charges in the bills shall be entered at the rates hereinafter provided for such work. 3.7.2 Clause - 7(b) : SCRUTINY OF BILLS AND MEASUREMENT OF WORK: The details furnished by the Contractor in the bill will be completely scrutinised and the said work measured by the officer in charge in the presence of the Contractor or his duly authorised agent. The countersignature of the Contractor or the said agent in the measurement book shall be sufficient proof to the correctness of the measurements, which shall be binding on the Contractor in all
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respects. If the Contractor does not submit the bills within the prescribed time, the Engineer may depute within seven days of the prescribed date, a subordinate to measure up the said work. The countersignature of the Contractor shall be obtained in the measurement book concerned with reference to which the bill may be prepared by the Corporation. 3.7.3 Clause - 7(c) : FILING OF OBJECTIONS TO MEASUREMENTS BY CONTRACTOR: Before taking any measurement of any work as has been referred to in Clause-7 (b) above the, Engineer or a subordinate deputed by him shall give reasonable notice to the Contractor. If the Contractor fails to attend at the measurement after such notice or fails to countersign or to the difference, within a week from the date of measurement in the manner required by the Engineer, then in any such event, the measurement taken by the Engineer or by the subordinate deputed by him as the case may be, shall be final and binding on the Contractor and the Contractor shall have no right to dispute the same. 3.7.4 Clause - 7(d) One copy of the passed bill shall be given to the Contractor without any charge. 3.8.0 Clause 8: PAYMENT PROPORTIONATE TO WORK APPROVED AND PASSED: No payment shall be made for any work estimated to cost Rupees five thousand or less until after the whole of the work shall have been completed and a certificate of completion given. But in the case of works estimated to cost more than Rs. 5,000, the Contractor shall, on submitting the bill and after due verification by the subordinate as per Clause 7(b) be entitled to receive payment proportionate to the part of the work then approved and passed by the Engineer whose certificate of such approval and passing of the sum so payable shall be final and conclusive against the Contractor. i. Payment at reduced rate: The rates for several items of works agreed to within, shall be valid only when the items concerned are accepted as having been completed fully in accordance with the stipulated specifications. In case where the items of work are not accepted as so completed, the Engineer may make payment on account of such items at such reduced rates as he may consider reasonable in the preparation of final or on account bills. ii. Intermediate payment be regarded as advances: All intermediate payments shall be regarded as payments by way of advance against the final payments only and not as payments for work actually done and completed and shall not preclude the Engineer from requiring any bad, unsound, imperfect or unskilled work to be removed or taken away and reconstructed or re-erected nor shall any such payment be considered as an admission of the
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due performance of the Contract or any part thereof in any respect or the accruing of any claim, nor shall it conclude, determine or affect in any other way the powers of the Engineer as to the final settlement and adjustment, of the accounts, or otherwise or in any other way vary or affect the Contract. iii. Submission of Final bill and its settlement The Contractor shall submit the final bill within one month of the date of actual completion of the work in all respects. The claims shall be settled (except those under dispute) within five months thereafter. iv. Disputed items The Contractor shall submit a list of the disputed items within 30 days from the disallowance thereof and if he fails to do this, his claim shall be deemed to have been fully waived and absolutely extinguished. 3.9.0 Clause - 9 : Store supplied by corporation - Deleted 3.10.0 Clause 10 : Un-used materials - Deleted 3.11.0 Clause - 11 :No claim to compensation on account of loss due to delay in supply of materials by corporation - Deleted 3.12.1 Clause - 12(a): DEFINITION OF WORK: The expression work or works where used in these conditions, shall unless there be something in the subject or context repugnant to such construction, be construed to mean the work or works contracted to be executed under or in virtue of the contract, whether temporary or permanent and whether original, altered, substituted or additional. 3.12.2 Clause - 12(b) : WORK TO BE EXECUTED IN ACCORDANCE WITH SPECIFICATIONS, DRAWINGS, ORDERS ETC.,: The Contractor shall execute the whole and every part of the work in the most sound and substantial and workmanlike manner and in strict accordance with the specifications both as regards materials and workmanship. The Contractor shall also conform exactly, fully and faithfully to the designs, drawings and instructions in writing relating to the work signed by the Engineer or other competent authority and lodged in his office and to which the Contractor shall be entitled to have access at such office, or on the site of the work for the purpose of inspection during office hours and the Contractor shall, if he so requires, be entitled at his own expense to obtain copies of the specifications and of all such drawings and instructions as aforesaid. The Contractor shall also be responsible for the delivery of structure in sound condition and the execution of the work strictly in accordance with the specifications of the work. 3.12.3
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Clause - 12(c): ACTION WHERE THERE IS NO SPECIFICATION

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In case of any class of work for which there is no such specification in the Contract, such work shall be carried out in accordance with Standard specifications, and in the event of there being no standard specifications, then in such a case the work shall be carried out in all respects in accordance with the instructions and requirements of the Engineer or other competent authority. 3.13.1 Clause - 13 (a) (i): ALTERATION IN QUANTITY OF WORK, SPECIFICATIONS AND DESIGNS, ADDITIONAL WORK, DELETION OF WORK: The Engineer shall have power to make any alterations in, omissions from, additions to or substitutions for the original specifications, drawings, designs and instructions that may appear to him to be necessary or advisable during the progress of work. For that purpose or if for any other reasons it shall in his opinion be desirable, he shall have power to order the Contractor to do and the Contractor shall do any or all of the following: a. Increase or decrease the quantity of any work included in the Contract, b. Omit any such work, c. Change the character or quality or kind of any such work, d. Change the levels, lines, positions and dimensions of any part of the work, e. Execute additional work of any kind necessary for the completion of the work, and f. Change in any specified sequence, methods or timing of construction of any part of the work. Contractor bound by Engineer's instructions The Contractor shall be bound to carry out the work in accordance with any instructions in this connection which may be given to him in writing signed by the Engineer and such alteration shall not in any way vitiate or invalidate the Contract. 3.13.2 Clause - 13(a) (ii): ORDERS FOR VARIATIONS TO BE IN WRITING The rates quoted by the contractor will hold good for each item up to 125% of the Bill of quantities and price bid. For the quantity beyond 125%, the rates will be regulated as under. 3.13.3 Clause - 13(a) (iii) : Any additional work which the contractor may be directed to do in the manner above specified as part of the work shall be carried out by the contractor on the same conditions in all the respects on which he agreed to do the main work and at the same rates as specified in the Contract for the main work. 3.13.4 3.13.5 Clause - 13 (b): Rate for excess quantity beyond 125% of tendered quantity-Deleted Clause 13 (c) : RATES FOR ADDITIONAL, SUBSTITUTED ALTERED ITEMS OF WORK:
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If the additional, substituted or altered work includes any class of work for which no rate is specified in the Contract, then such work shall be carried out at the rates specified for or derived from similar item of work in the Contract. In the absence of similar items in the Contract, the rate shall be as specified for or derived from similar items in the Schedule of Rates of the Corporation prevalent at the time of execution of such additional, substituted or altered item of work, plus or minus the overall percentage of original Bid rates over the Schedule of Rates of the year in which the Bid is accepted. With regard to the question whether the additional, substituted or altered item/items of work/works is/are similar or not, to that/those in the agreement in the Schedule of Rates, the decision of the Engineer shall be final and binding on the Contractor. 3.13.6 Clause - 13(d) : DETERMINATION OF RATES FOR ITEMS NOT FOUND IN CONTRACT OR SCHEDULE OF RATES: If the rates for additional, substituted or altered work cannot be determined in the manner specified in Sub Clause (c) above, then the Contractor shall within 7 days of the date of receipt by him of the order to carry out the work, inform the Engineer of the rates which it is his intention to charge for such class of work, supported by analysis of the rate or rates claimed. There upon the Engineer shall determine the rate or rates on the basis of observed data and failing this, on the basis of prevailing market rates. Under no circumstances the Contractor shall suspend the work on the plea of non-settlement of rates for items falling under this clause. In the event of any dispute regarding the rates for such items, the decision of the Engineer shall be final. 3.14.0 Clause 14: TIME LIMITS FOR UNFORESEEN CLAIMS: Under no circumstances whatever shall the Contractor be entitled to any compensation from the Corporation on any account unless the Contractor shall have submitted a claim in writing to the Engineer within 30 days of the cause of such claim occurring. 3.15.1 Clause - 15 (a) : NO CLAIM TO ANY PAYMENT OR COMPENSATION FOR DELETION OF WHOLE OR PART OF WORK If at any time after the execution of the Contract, the Engineer shall, for any reason whatsoever, require the whole or part of the work as specified in the agreement to be stopped for any period or require the whole or part of the work (i) not to be carried out at all or (ii) not to be carried out by the Contractor, he shall give notice in writing of the fact to the Contractor who shall thereupon suspend or stop the work totally or partially as the case may be. In any such case, except as provided hereunder, the Contractor shall have no claim to any payment of compensation whatsoever on account of any profit or advantage which he might have derived from the execution of work in full but which he did not so derive in consequence of the full amount of the work not having been carried out or on account of any loss that he may be put to on account of materials purchased or agreed to be purchased, or for unemployment of labour recruited by him. He shall not also have any claim for compensation by reason of
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any alterations having been made in the original specifications, drawings, designs and instructions which may involve any curtailment of the work as originally contemplated. 3.15.2 Clause - 15(b): PAYMENT FOR MATERIALS ALREADY PURCHASED OR ORDERED BY CONTRACTOR: Where, however, materials have already been purchased or agreed to be purchased by the Contractor before receipt by him of the said notice, the Contractor shall be paid for such materials, (provided the said materials are handed over to the Corporation in good condition) at the rates determined by the Engineer provided they are not in excess of requirements and are of approved quality and/or shall be compensated for the loss, if any, he may be put to, in respect of materials agreed to be purchased by him, the amount of such compensation to be determined by the Engineer whose decision shall be final. 3.15.3 Clause - 15(c): LABOUR CHARGES DURING STOPPAGE OF WORK: If the Contractor suffers any loss on account of his having to pay labour charges during the period during which the stoppage of works has been ordered under this clause, the Contractor shall, on application, be entitled to such compensation on account of labour charges as the Engineer, whose decision shall be final, may consider reasonable, provided that the Contractor shall not be entitled to any compensation on account of labour charges if in the opinion of the Engineer, the labour could have been employed in the same locality by the Contractor for the whole or part of the period during which the stoppage of the work has been ordered as aforesaid. 3.15.4 Clause - 15(d): TIME LIMIT FOR STOPPAGE OF WORK: The period of stoppage ordered by the Engineer should not ordinarily exceed six months. Thereafter, the portion of work stopped may be treated as deleted from this agreement if a notice in writing to that effect is given to the Engineer or other competent authority by the Contractor within seven days after expiry of the above period. Execution of deleted work The portion of work thus deleted maybe got executed from the same Contractor on supplemental agreement on mutually agreed rates which shall not exceed current schedule of rates plus or minus Bid percentage. 3.16.0 Clause 16:ACTION AND PENALTY IN CASE OF BAD WORK: If at any time before the Security deposit is refunded to the Contractor it shall appear to the Engineer, that any work has been executed with unsound, imperfect or unskilful workmanship or with materials of inferior quality, or that any materials or articles provided by him for the execution of the work are unsound, or of a quality inferior to that contracted for, or otherwise not in accordance with the Contract, it shall be lawful for the Engineer to intimate this fact in
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writing to the Contractor and then not-withstanding the fact that the work, materials or articles complained of may have been paid for, the Contractor shall be bound forthwith to rectify, or remove and reconstruct the work so specified in whole or in part as the case may require, or if, so required, shall remove the materials or articles at his own charge and cost; and in the event of his failing to do so within a period to be specified by the Engineer in the written intimation aforesaid, the Contractor shall be liable to pay a penalty not exceeding 1% (one percent) of the cost of that item of work for every day not exceeding ten days during which the failure, so continues, and in the case of any such failure the Engineer may rectify or remove, and re-execute the work or remove and replace the materials or articles complained of as the case may be at the risk and expense in all respects of the Contractor. Should the Engineer for any valid reason consider that such inferior work or materials as described above is to be accepted or made use of, it shall be within his discretion to accept the same at such reduced rates as he may fix therefore. 3.17.1 Clause - 17(a): WORK TO BE OPEN TO INSPECTION CONTRACTOR OR RESPONSIBLE AGENT TO BE PRESENT: -

All works under or in course of execution or executed in pursuance of the Contract shall at all times, be open to the inspection and supervision of the Engineer or other competent authority and his subordinates, and the Contractor shall, at all times, during the normal working hours and at all other times at which reasonable notice of the intention of the Engineer visit the work shall have been given to the Contractor, either himself be present to receive orders and instructions or have a responsible agent duly accredited in writing present for the purpose. Orders given to the Contractor's duly authorised agent shall be considered to have the same force and effect as if they had been given to the Contractor himself. 3.17.2 3.17.3 3.17.4 3.18.0 Clause - 17(b): Employment of technical staff-Deleted Clause - 17 (c): If the contractor fails to employ technical staff-Deleted Clause - 17 (d): If the contractor himself possess the required qualification-Deleted Clause - 18: NOTICE TO BE GIVEN BEFORE WORK IS COVERED UP The Contractor shall give not less than five days notice in writing to the Engineer before covering up of or otherwise placing beyond the reach of measurement of any work, in order that the same may be measured and correct dimensions thereof taken before the same is so covered up or placed beyond the reach of measurement, and shall not cover up or place beyond the reach of measurement, any work without the consent in writing of the Engineer; and if any work shall be covered up or placed beyond the reach of measurement without such notice having been given or consent obtained, the same shall be uncovered at the Contractor's expense, and in default thereof no
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payment or allowance shall be made for such work or for the materials with which the same was executed. 3.19.0 Clause 19: CONTRACTOR LIABLE FOR DAMAGES DONE AND FOR IMPERFECTIONS FOR TWENTY FOUR MONTHS AFTER CERTIFICATE OF COMPLETION If the Contractor or his workmen or servants shall break, deface, injure or destroy any part of a structure in which they may be working, or any building, road, fence, enclosure or grass land or cultivated ground contiguous to the premises on which the work or any part thereof is being executed, or if any damage shall be done to the work, while it is in progress from any cause whatever or if any imperfections become apparent in it within 24 (twenty four) months of the grant of a certificate of completion, final or otherwise, by the Engineer, the Contractor shall make good the same at his own expense, or in default, the Engineer may cause the same to be made good by other workmen, and deduct the expenses (of which the certificate of the Engineer shall be final) from any sums that may be due or may thereafter become due to the Contractor, or from his security deposit or the proceeds of sale thereof, or of a sufficient portion thereof. 3.20.0 Clause -20: CONTRACTOR TO SUPPLY PLANT, LADDERS, SCAFFOLDINGS, ETC., AND IS LIABLE FOR DAMAGES ARISING FROM NON-PROVISION OF LIGHTS, FENCING ETC. The Contractor shall supply at his own cost all materials, plant, tools, appliances, implements, ladders, cordage, tackle, scaffolding and temporary works requisite for the proper execution of the work, whether, in the original, altered or substituted form and whether included in the specifications, or other documents forming part of the Contract or referred to in these conditions or not and which may be necessary for the purpose of satisfying or complying with the requirements of the Engineer or other competent authority as to any matter as to which under these conditions he is entitled to require together with carriage therefor, to and from the work. The Contractor shall also supply without charge requisite number of persons with the means and materials necessary for the purpose of setting out works, and counting, weighing and assisting in the measurement or examination at any time and from time to time of the work or the materials. Failing this, the same may be provided by the Engineer at the expense of the Contractor and the expense may be deducted from any money due to the Contractor under the Contract or from his Security deposit or the proceeds of sale thereof, or of a sufficient portion thereof. The Contractor shall provide all necessary fencing and lights required to protect the public from accident, and shall also be bound to bear the expense of defence of every suit, action or other legal proceedings, that may be brought by any person for injury sustained owing to neglect of the above precautions, and to pay any damages and costs which may be awarded in any suit, action or proceedings to any person, or which may with the consent of the Contractor be paid by the Corporation for compromising any claim by any such person and deducted from any money due to Contractor by
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the Corporation under this Contract or any Contract in Corporation or from his Security deposit or the proceeds of sale thereof or a sufficient part thereof. 3.21.0 3.22.0 Clause - 21 : Issue of plant and machinery on hire - Deleted Clause - 22 :MEASURES FOR PREVENTION OF FIRE: The Contractor shall not set fire to any standing jungle, trees, brushwood or grass without a written permit from the Engineer. When such permit is given, and also in all cases when destroying cut or dug up trees, brushwood, grass etc., by fire, the Contractor shall take necessary measures to prevent such fire spreading to or otherwise damaging surrounding property. 3.23.00 Clause 23 : LIABILITY OF CONTRACTOR FOR ANY DAMAGES DONE IN OR OUTSIDE WORK AREA: Compensation for all damages done by Contractor or his men whether in or beyond the limits of Corporation property including any damage caused by spreading of fire mentioned in Clause 22 shall be estimated by the Engineer-in-charge and the estimate of the Engineer-in-charge, subject to the decision of the Superintending Engineer on appeal shall be final and the Contractor shall be bound to pay the amount of the assessed compensation on demand failing which the same will be recovered from Contractor as damages in the manner prescribed in Clause 19 or deducted by the Engineer or other competent authority from any sums that may be due or become due from Corporation to the Contractor under this Contract or otherwise. The Contractor shall bear the expenses of defending any action or other legal proceedings that may be brought by any person for injury sustained by him owing to neglect of precautions to prevent the spread of fire and shall pay any damages and cost that may be awarded by the court in consequence. 3.24.00 3.25.00 Clause - 24: Employment of female labour neighbourhood of soldier barrack should be avoided as far as possible-Deleted Clause - 25: WORK ON NOTIFIED HOLIDAY: No work shall be done normally on any notified holiday without the sanction in writing of the Engineer-in-charge. Advance information shall be given to the ENGINEER regarding work to be done on any notified holiday and the same shall be at Contractors responsibility. 3.26.1 Clause - 26(a)(i) : WORK NOT TO BE SUBLET The Contract shall not be assigned or sublet by the Contractor. However, any specific portion of the work which is of a specialised nature and normally not executable by the Contractor could be got done by specialised agencies which are executing such works, after obtaining the specific approval of the Engineer in writing in each case. Such consent to sublet the work, if given, shall not relieve the Contractor from any liability or obligation under the Contract and he shall be responsible for the acts, defaults and neglects of any sub-Contractor or his agents, servants or workmen as fully as if they
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were the acts, defaults and neglects of the Contractor, his agents, servants or workmen. 3.26.2 Clause - 26(a)(ii): CONSEQUENCE OF SUBLETTING WORK WITHOUT APPROVAL, BECOMING INSOLVENT, BRIBING ETC., BY CONTRACTOR AND ACTION AGAINST THE CONTRACTOR. If the Contractor shall assign or sublet his Contract or any portion thereof without the specific approval of the Engineer or attempts to do so or becomes insolvent or commences any proceedings to get himself adjudicated as insolvent or make any composition with his creditors or attempt to do so or if any bribe, gratuity, gift, loan, perquisite, reward or advantage, pecuniary or otherwise shall either directly or indirectly be given, promised or offered by the Contractor or any of his servants or agents to any officer or person in the employment of Corporation in any way relating to this Contract or if any such officer or person shall become in anyway directly or indirectly interested in the Contract, the Engineer may thereupon, by notice, in writing rescind the Contract, and the Security deposit of the Contractor shall thereupon stand forfeited and be absolutely at the disposal of the Corporation and the same consequences shall ensue as if the Contract had been rescinded under Clause 3 hereof and in addition the Contractor shall not be entitled to recover or be paid for any work actually performed under Contract. 3.26.3 Clause - 26(b): RECOVERY OF EXCESS PAYMENTS BASED ON EXCESS MEASUREMENTS AND ACTION AGAINST CONTRACTOR: Whenever it is noticed that excess payments have been made to the contractor based on excess measurements recorded by the subordinate in the measurement book and counter signed by the contractor or his duly authorised agent, action shall be taken to recover the excess payments together with interest immediately. Action may also be taken to remove the name of the contractor from the approved list of the contractors and also to black list. 3.26.4 Clause- 26(c): CHANGE IN CLASSIFICATION OF EXCAVATIONS ACCEPTED NOT PERMITTED: Once the measurements mentioning the classification of the excavations are recorded in the measurement book and the same is signed by the Contractor or his authorised agent in token of acceptance, no request for reclassification by the Contractor shall be entertained. 3.27.00 Clause - 27: SUM PAYABLE BY WAY OF COMPENSATION TO BE CONSIDERED AS REASONABLE COMPENSATION WITHOUT REFERENCE TO ACTUAL LOSS: All sums payable by a Contractor by way of compensation under any of these conditions shall be considered as reasonable compensation to be applied for the use of Corporation without reference to the actual loss or damage sustained and whether any damage has or has not been sustained.

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3.28.00

Clause - 28 : APPROVAL OF THE ENGINEER NECESSARY FOR CHANGING THE CONSTITUTION OF A FIRM OR BEFORE ENTERING INTO PARTNERSHIP AGREEMENT CONSEQUENCES OF NOT OBTAINING PRIOR APPROVAL: Where the Contractor is a partnership firm, before any change is made in the Constitution of the Firm, the same shall be informed to the ENGINEER with necessary and relevant legal documents. Where the Contractor is an individual or a Hindu undivided family business/concern, such information as aforesaid shall likewise be given to the ENGINEER along with legal documents pertaining to any partnership agreement where under the partnership firm, the firm would have the right to carry out the work hereby undertaken by the Contractor.

3.29.1

Clause - 29(a) : SETTLEMENT OF DISPUTES - TIME LIMIT FOR DECISION: If any dispute or difference of any kind whatsoever were to arise between the Executive Engineer / Superintending Engineer and the Contractor regarding the following matters namely, i. The meaning of the specification, instructions herein before mentioned. designs, drawings and

ii. The quality of workmanship or materials used in the work, and iii. Any other question, claim, right, matter, thing whatsoever, in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, or orders, or those conditions or failure to execute the same whether arising during the progress of the work, or after the completion, termination or abandonment, thereof, the dispute shall, in the first place be referred to the Chief Engineer who has jurisdiction over the work specified in the Contract. The Chief Engineer shall, within a period of ninety days from the date of being requested by the Contractor to do so, give written notice of his decision to the Contractor. 3.29.2 Clause- 29(b): CHIEF ENGINEERS DECISION FINAL: Subject to other form of settlement hereafter provided, the Chief Engineers decision in respect of every dispute or difference so referred shall be final and binding upon the Contractor. The said decision shall forthwith be given effect to and Contractor shall proceed with the execution of the work with all due diligence. 3.29.3 Clause - 29(c) : REMEDY WHEN CHIEF ENGINEERS DECISION IS NOT ACCEPTABLE TO CONTRACTOR: In case the decision of the Chief Engineer is not acceptable to the Contractor he may approach the Law courts at Karwar for settlement of dispute after giving due written notice in this regard to the Chief Engineer within a period of 90 (ninety) days from the date of receipt of the written notice of the decision of the Chief Engineer.
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3.29.4

Clause 29 - (d): TIME LIMIT FOR NOTICE TO APPROACH LAW COURT BY CONTRACTOR: If the Chief Engineer has given written notice of his decision to the Contractor and no written notice to approach the law court has been communicated to him by the Contractor within a period of 90 (ninety) days from receipt of such notice, the said decision shall be final and binding upon the Contractor.

3.29.5

Clause 29 - (e): TIME LIMIT FOR NOTICE TO APPROACH LAW COURT BY CONTRACTOR WHEN DECISION IS NOT GIVEN BY CHIEF ENGINEER AS AT (b): If the Chief Engineer fails to give notice of his decision within a period of 90 (ninety) days from the receipt of the Contractor's request in writing for settlement of any dispute or difference as aforesaid, the Contractor may within 90 (ninety) days after the expiry of the first named period of 90 (ninety) days approach the law courts at Karwar giving due notice to the Chief Engineer.

3.29.6

Clause - 29(f): CONTRACTOR TO EXECUTE AND COMPLETE THE WORK PENDING SETTLEMENT OF DISPUTE: Whether the claim is referred to the Chief Engineer or to the law courts, as the case may be, the Contractor shall proceed to execute and complete the works with all due diligence pending settlement of the said dispute or differences.

3.29.7

Clause - 29 (g): OBLIGATIONS OF THE EXECUTIVE ENGINEER AND CONTRACTOR SHALL REMAIN UNSETTLED DURING CONSIDERATIONS OF DISPUTE: The reference of any dispute or difference to the Chief Engineer or the law court may proceed not-withstanding that the works shall then be or be alleged to be complete, provided always that the obligations of the Executive Engineer and the Contractor shall not be altered by reason of the said dispute or difference being referred to the Chief Engineer or the Law court during the progress of the works.

3.30.1

Clause - 30 (a) : CONTRACTOR TO PAY UNDER WORKMEN'S COMPENSATION ACT:

COMPENSATION

The Contractor shall be responsible for and shall pay any compensation to his own workmen payable under the Workmen's Compensation Act 1923 as amended from time to time (VIII of 1923 hereinafter called the said Act) for injuries caused to the workmen. If such compensation is paid by Corporation as a principal employer under sub-section (1) of section 12 of the said Act on behalf of the Contractor, it shall be recoverable by Corporation from the Contractor under sub section (2) of the said section. Such compensation paid by the Corporation shall be recovered in the manner laid down in Clause 1(e)

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3.30.2

Clause- 30 (b) : CONTRACTOR TO PAY PROVIDING MEDICAL AID TO WORKMEN:

EXPENSES

OF

The Contractor shall be responsible for and shall pay the expenses of providing medical aid to any workmen who may suffer a body injury as a result of an accident. If the Corporation incurs such expenses, the same shall be recoverable from the Contractor forthwith and be deducted without prejudice to any other remedy of Corporation, from any amount due or that may become due to the Contractor. 3.31.0 Clause- 31: CONTRACTOR TO PROVIDE PERSONAL SAFETY EQUIPMENT, FIRST AID APPARATUS, TREATMENT ETC.,: The Contractor shall provide all necessary personal safety equipment and first aid apparatus for the use of the persons employed on the site, and shall maintain the same in good condition suitable for immediate use, at any time and shall comply with the following regulations in connection therewith. (i) The workers shall be required to use the equipment so provided by the Contractor and the Contractor shall take adequate steps to ensure proper use of the equipment by those concerned. (ii) When work is carried on, in proximity to any place where there is a risk of drowning, all necessary steps shall be taken for the prompt rescue of any person in danger. (iii) Adequate provision shall be made for prompt first- aid treatment of all injuries likely to be sustained during the course of the work. (iv) The Contractor shall abide by Corporation's Manual for Safety Norms in Construction works herein appended. 3.32.1 Clause- 32(a): MINIMUM AGE OF PERSONS EMPLOYED BY CONTRACTOR: The Contractor shall not employ any person who is under age of 15 (Fifteen) years and /or who does not produce a valid certificate of vaccination against small pox in respect of himself/ herself as well as all the members of his / her family. 3.32.2 3.32.3 ClauseDeleted 32(b): Employment of donkeys and other animals-

Clause- 32(c): No animals suffering from sorce, lamness or emaciation or which is immature shall be employed on the work- Deleted Clause- 32(d): The Contractor shall provide potable water facilities to the workers.

3.32.4

3.32.5

Clause- 32(e): CONDITIONS:

REMOVAL

OF

PERSON

NOT

SATISFYING

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The Engineer may direct the removal or to remove through his own agency, from the work any person referred to in sub-clause 32 (a) above not satisfying these conditions and no responsibility shall be accepted by the Corporation for any delay caused in the completion of the work by such directions for removal or removal. 3.32.6 Clause- 32(f): PAYMENT OF FAIR AND REASONABLE WAGES BY CONTRACTOR: Contractor shall pay fair and reasonable wages, which shall not be less than the minimum wages fixed by Government from time to time to the workmen employed by him in the contract undertaken by him. In the event of any dispute arising between the Contractor and his workmen on the ground that the wages paid are not fair and reasonable, the dispute shall be referred without delay to the Engineer, who shall decide the same. The decision shall not in any way affect the conditions in the Contract regarding the payment to be made by Corporation at the agreed Bid rates. 3.33.1 Clause- 33(a): EMPLOYMENT OF SCARCITY LABOUR ETC.,: If Government declares a state of scarcity or famine to exist in any village situated within 16 (Sixteen) kilometres of the work, the Contractor shall employ upon such parts of the work as are suitable for unskilled labour, any person, certified to him by the Engineer to be in need of relief and shall be bound to pay to such persons wages not below the minimum which Government may have fixed in this behalf. Any dispute, which may arise in connection with the implementation of this clause, shall be decided by the Engineer whose decision shall be final and binding on the Contractor. 3.33.2 Clause- 33 (b): The Contractor shall employ any famine or other labour of a particular kind or class, if ordered in writing to do so by the Engineer. 3.34.0 Clause- 34: CONTRACTOR NOT ENTITLED TO ANY CLAIM OR COMPENSATION FOR DELAY IN EXECUTION OF WORK BORROW PITS: The Contractor shall not be entitled to claim compensation if there is any delays in the execution of the work on account of water standing in borrow pits and compartments. The rates in the Contract are inclusive for hard or cracked soil, excavation in mud, sub soil, water or water standing in borrow pits and no claim for extra rate shall be entertained, unless otherwise exclusively specified. 3.35.0 Clause- 35 : METHOD OF PAYMENT OF BILLS: Payment to Contractor will be made by cheques drawn on any bank with which the Corporation has an account. 3.36.00 Clause - 36 : SET OFF AGAINST ANY CLAIM OF CORPORATION: Any sum of money due and payable to the Contractor (including the Security deposit returnable to him) under this Contract may be appropriated by the Corporation and set off against any claim of
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Corporation in respect of payment of a sum of money arising out of or under any other Contract made by the Contractor with the Corporation.

3.37.00

Clause- 37: RATES INCLUSIVE OF ALL TAXES: The rates quoted by the Contractor shall be inclusive of VAT, Service Tax, PF, Sales tax on turnover, work contract tax, quarry fees, octroi, duties, cess, royalties, freight charges, etc., applicable as on the date of submission of Bids. No extra payment on this account shall be made to the Contractor. Any variation in taxes, duties, royalties etc., upward/downward shall be paid / recovered.

3.38.00

Clause- 38: CONTRACTOR TO OBTAIN LABOUR ETC., FROM NEAREST EMPLOYMENT EXCHANGE: The Contractor should as far as possible obtain his requirement of labour, skilled and unskilled from the nearest Employment Exchange. The Contractor should give preference to the employment of a released bonded labour on the work entrusted to him.

3.39.00

Clause - 39: DUES TO BE RECOVERED AS IF THEY WERE ARREARS OF LAND REVENUE: All money due from Contractor under this Contract may be recovered by Corporation/Government without prejudice to the other remedies, as if they were arrears of Land Revenue

3.40.00

Clause 40 : CONTRACTOR PROVISIONS OF APPRENTICE ACT:

TO

COMPLY

WITH

THE

The Contractor shall comply with the provisions of the Apprentice Act 1961 and Rules and Orders issued there under from time to time. If he fails to do so, his failure will be a breach of Contract and the Engineer or other competent authority may at his discretion cancel the Contract. The Contractor shall also be liable for any pecuniary liability arising on account of any violation by him of the provisions of the Act. 3.41.00 Clause - 41: CONTRACTOR TO SUBSCRIBE TO WORKERS AND CONTRACTORS BENEVOLENT FUND : The contractor shall subscribe to the Workers and Contractors benevolent fund at the rate of 0.1% of the gross amount of each bill payable to him in respect of contract. The amount of subscription should be recovered out of the amount payable to him in each bill. 3.42.00 Clause- 42: CONTRACTOR: LUMP-SUMS IN TENDER PAYMENT TO

When the Contract includes lump sums in respect of parts of the works, the Contractor shall not be entitled to payment in respect of the items of the work involved or the part of the work in question at
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the same rates as are payable under this Contract for each item or if the part of the work in question is not, in the opinion of the Engineer capable of measurement, the Engineer may at his discretion pay the lump sum amount entered in the Bid and the certificate in writing of the Engineer shall be final and conclusive against the Contractor with regard to any sum or sums payable to him under the provisions of this clause. It will be necessary for the Contractor to produce a statement of expenditure incurred by him for such items of work if demanded by the Corporation and the amount payable should be limited to the provisions made in the Contract and the Engineer should satisfy himself about the correctness of the statement of expenditure furnished by the Contractor. 3.43.00 3.44.00 Clause - 43: Contractor not to quote controlled price fixed by the CorporationClause - 44: The contractor shall in respect of labour employed by him comply with or cause to be complied with the provisions of the various labour laws and rules and regulations applicable to them in this regard to all matters provided therein and shall indemnify the corporation in respect of all claims that may be made against the corporation for non-compliance thereof by the contractor. Not with standing anything contained herein, the Engineer may take such actions as may be necessary for compliance of the various labour laws and recover the costs thereof from the contractor. In the event of the contractor committing a default of breach of any of the provisions of the labour laws and rules and regulations as applicable, the Engineer shall issue a notice to the contractor, indicating the defaults of the contractor and also specify a time limit for remedying the defaults. The contractor shall promptly take up remedial measures duly notifying the Engineer of the action taken by him for remedying the defaults and shall without prejudice to any other liability under the acts pay the corporation a sum not exceeding `1000/- (Rupees One thousand only) per day from each day of default from the date of Engineers notice subject to a maximum of 1% of the contract price named in the laws of intent. 3.45.00 Clause- 45: FORCE MAJEURE: If at any time during the continuance of the work the performance in whole or in part by either party of any obligation under this Contract, shall be prevented or delayed by reasons of any war, hostility, acts of public enemy, civil commotion, sabotage, fires, explosions, epidemic, quarantine restrictions or other acts of GOD, actions by Government or any agency thereof, (hereinafter referred to as eventualities) then, provided notice of the happening of any such eventuality given by either party to the other within 15(fifteen) days from the date of occurrence thereof, neither party shall, by reason of such eventualities be entitled to terminate this Contract nor shall either party have any claim for damages against the others in respect of such non-performance or delay in performance , and
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price exceeding Deleted

construction work under this Contract shall be resumed as soon as practicable after such eventualities has come to an end or cease to exist. Should one or both parties be prevented from fulfilling their contractual obligations by a state of force majeure lasting continuously for a period of at least 90 (Ninety) days, both the parties should consult each other regarding the further implementation of the Contract, provided always that, if no mutually agreed arrangement is arrived at within a period of 30 days from the expiry of 90 days referred to above, the Contract shall be deemed to have expired at the end of the said 90 days referred to above. The above-mentioned expiry of Contract will imply that both the parties have the obligation to reach an agreement regarding the winding up and financial settlement of the Contract. In case of force majeure events of duration less than 90 (ninety) days, suitable extension of the Contract period will be considered without any compensation. 3.46.00 Clause - 46: INSURANCE: The Contractor shall take the following insurance covers for the Works to be executed at Site. Workmens Compensation Insurance: This insurance shall protect the Contractor against all claims applicable under the Workmens Compensation Act, 1948 (Government of India). This policy shall also cover the Contractor against claims for injury, disability, disease or death of his or his subContractors employees, which for any reason are not covered under the Workmens Compensation Act, 1948. The liabilities shall not be less than: Workmens Compensation-As per statutory provisions Employees Liability -As per statutory provisions Comprehensive Automobile Insurance: This insurance shall be in such a form to protect the Contractor against all claims for injuries, disability, disease or death to members of public including the Corporations men and damage to the property of others arising from the use of motor vehicles during on or off Site round the clock operations by taking Third party unlimited liability risk coverage irrespective of the ownership of such vehicles. Comprehensive General Liability Insurance: This insurance shall protect the Contractor against all claims arising from injuries, disabilities, disease or death of members or damage to property of others due to any act or omission on the part of the Contractor, his agents, his employees, his representatives and Sub-Contractors or from riots, strikes and civil commotion. This insurance shall also cover all the liabilities of the Contract.

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SECTION -4 CONDITIONS RELATING TO THE EXECUTION OF WORKS (TECHNICAL) 4.1.00 GENERAL The item rates quoted in the Bid are to be on the basis that the Contractor himself will procure all machinery, equipment and materials etc., required for the successful execution and completion of the work in the specified time. 4.2.00 ACCURACY OF LINES, LEVELS AND GRADES: All levels shown on the drawing are based on the benchmarks at the site of work. All levels, drawings, surveys, reference marks shall be based on the standard benchmarks unless otherwise directed by the Engineer in writing. The work shall be carried out true to line, level and grade as specified in drawings and specifications or established or indicated by the Engineer. Permanent base lines and cross lines shall be established at sufficiently close intervals with bench marks at all corner points to serve as reference grid. The Contractor shall provide at his expense all templates, pillars, stakes, equipment, materials, labour for establishing the grid lines and pillars and shall be responsible for their maintenance during the whole period of construction. These shall be laid out with prior approval and checked by the Engineer. No base lines or benchmarks or reference marks shall be used as reference lines, benchmark or level for the work without the prior approval of the Engineer. The Contractor shall maintain a certified copy of such approved reference lines, benchmarks, levels and shall not remove any one of them without prior approval of the Engineer. The Contractor shall layout the work from the reference, base lines and shall be responsible for the correctness of all the measurements and levels in connection therewith not with- standing the fact that the Corporation staff might have checked the same. Any discrepancy or error detected during the course of execution and/or at the end of work shall be set right by the Contractor at his own cost in a manner satisfactory to the Engineer. In case of errors, omissions and/or disagreement between written and scaled dimensions on the drawing or between the drawings and specifications, the Contractor shall make a reference to the Engineer, whose elucidation or decision shall be considered authentic and final. The Contractor shall be held fully responsible for any errors or omissions or disagreements, if he fails to refer them to the Engineer
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and got an elucidation before starting the work or the specific part of the work. 4.3.00 CO-ORDINATION OF SURVEYS AND SETTING OUT: The Contractor shall conduct surveys under the supervision of the Corporation Engineers and fix up an alignment. The Contractor has to co-ordinate his work with other contractors if any working at site under the supervision of the Engineer-in-charge. In case of any deviation or discrepancy in line, level or grade at the meeting faces, the Contractor shall make good the discrepancy at his own cost and without any extra compensation for any additional work involved. Wherever such a discrepancy is found to arise at the junction of work of other contractors, the relative liability to set right their respective discrepancies shall be fixed by the Engineer whose decision shall be final and binding on the Contractor concerned. The Engineer shall, further have the unquestioned right if need be, to rectify the discrepancies and recover the cost from the Contractor or other contractors according to proportion, as he may consider reasonable. 4.4.00 CONSTRUCTION SCHEDULE: The Contractor shall adhere to the Construction schedule so as to complete the work in all respects in the stipulated period. The Contractor shall also furnish his approach to the work along with the programme schedule indicating briefly his method of working, his plans in tackling the Construction programme such as the capacity of the equipment he proposes to deploy on the various components of the work. The Contractor shall discuss, finalise and get the approval of the Engineer for the equipment to be deployed. The schedule of deployment of the various equipments should be submitted. If the Contractor fails to bring the required equipment as per approved schedule it will be considered as breach of contract. 4.5.00 WORK TO BE CARRIED OUT ACCORDING TO PLANS: The work shall be carried out strictly in accordance with the approved designs, drawings and specifications and as per instructions of the Engineer and no deviations or changes are permissible without the written order of the Engineer. The design details shown in the drawings accompanying the Bid documents are tentative. Working details of the several components of the work shall be prepared by the Contractor and got approved from the Corporation, and the Contractor shall carry out the work in accordance with such approved drawings. 4.6.00 The work shall be carried out strictly in accordance with specification for road works as per MoRT&H clauses and requirements as per scanned copies attached to tender document

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SECTION - 5 GENERAL SPECIFICATIONS 5.1.00 5.1.1 All GENERAL specifications shall conform to the relevant Indian Standard Specifications and Indian Road Congress unless otherwise specified. For works not covered by the IS specifications, IRC and/or the portions thereof, the written instructions of the Engineer shall be binding on the Contractor.

5.1.2 The Contractor shall provide at site a work order book. The pages in the work order book shall be machine numbered. The Contractor shall be responsible for obtaining all the orders entered in the order book and he or his authorised agent shall sign the orders issued by the Engineer and shall carry out the work strictly in accordance with these instructions. 5.2.00 CONTRACTORS REPRESENTATIVE AND LABOUR

5.2.1 The Contractor shall engage an authorised representative. The full address of his office shall be given by the Contractor for sending communications, failing which all communications will be sent to the Contractors address given at the time of submission of Bid and the Corporation shall not be responsible for any delay in receiving them. 5.2.2 The Contractor or his duly authorised representative shall be present at the time of setting out, giving profiles, etc., and shall supply the materials such as bamboos, pegs, reference stones etc., and also sufficient number of mazdoors required for taking measurements of work giving line out etc., at his own cost to the Corporation. Chainage stones at every 30 m or as specified by the Engineer shall be fixed or constructed by the Contractor with masonry at his cost to facilitate ready reference. 5.2.3 Before starting the excavation, the Contractor or his authorised representative shall be present while taking levels of the ground at the work site. He will further be required to sign the field book and also L-section and cross sections based on the ground levels taken in token of acceptance of the ground levels before the commencement of the work. In case, the Contractor commences the work without
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verifying and accepting the cross section and L-section of the ground it will be assumed that the Contractor has accepted the same taken by the Corporation staff and no complaint or claims whatsoever in this behalf will be entertained. 5.2.4 The Contractor shall submit daily reports for the following: i) ii) Total number of labour engaged into the Site. Total number of local labour in the Site.

5.2.5 The Contractor shall not employ on Site any person who is undesirable. If in the opinion of the Engineer, any person at the site of work, on behalf of the Contractor is considered un-desirable, the Engineer shall give in writing and the Contractor will be bound by the decision of Engineer to remove such person or persons from the Site. The Contractor shall not be entitled to any compensation due to damage or loss on this account. 5.3.00 CLEARANCE OF SITE

5.3.1 The Contractor shall have to clean the site of work before the work is commenced and after completion. The rates quoted shall be inclusive of all charges likely to be incurred in carrying out the work of site clearance, initial & final and shall also hold good under all conditions of weather. 5.3.2 All gold, oil or other minerals of any description whatsoever and all precious stones, treasures, relics, antiques and other similar things that may lie or be discovered on the site shall remain the property of Government and the Contractor shall duly intimate the Engineer-incharge or any person duly authorised by him to receive such property. 5.3.3 After completion of the work entrusted to the Contractor and before handing over the completed work to the Engineer-in-charge, the Contractor shall remove all unused and waste material, remove temporary structures, ramps, platforms, etc., lying in the vicinity of completed work and dispose off as directed by the Engineer-incharge. Further, temporary structures for storing water etc., labour sheds or any other shed put up by the Contractor for facility of his work, shall be demolished completely and waste materials disposed. The work site and other areas, which were in his possession in connection with the execution of work, should not present any unsightly or ugly appearance. The completed work will not be taken over by the Engineer-in-charge, unless the final clearance of the site is done as mentioned above. 5.4.00 DRAINING AND PUMPING: All water from the excavation below ground level or from natural surface flows shall be satisfactorily pumped out or drained away by the Contractor as directed by the Engineer. The water so bailed out shall be disposed off in a manner as not to obstruct other works in the adjoining areas. 5.5.00
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The Contractor shall not close any communication lines or obstruct any natural lines of drainage without the approval of the Engineer. 5.6.00 AMENITIES TO LABOURERS

5.6.1 The Contractor shall provide adequate supply of pure and potable water for the use of labourers. 5.6.2 The Contractor shall construct trench or semi-permanent latrines for the use of the labourers. Such latrines shall not be less than 5 per 100 persons in the camp. Separate latrines shall be provided for men and women. 5.6.3 The Contractor shall build a sufficient number of huts on a suitable plot of land for the use of the labourers according to the following specifications. a. A good site shall be selected. High ground remote from jungle but well provided with trees shall be chosen wherever it is available. The neighbourhood of rank jungle, grass weeds should be particularly avoided. Camps should not be established close to large cutting of earthwork. b. Huts of bamboo and grass may be constructed. c. The lines of huts shall have open space of at least 10 metres between rows. When a good natural site is not available particular attention should be given to drainage. d. There should be no overcrowding. Floor space at the rate of three square metres per head shall be provided. Care should be taken to see that the huts are kept clean and in good order. 5.6.4 Every unit of 20 persons shall be provided with separate bathing place. Such bathing places shall be suitably screened and separate places provided for men and women. Washing places should be provided for the purpose of washing clothes. Every unit of 30 persons shall have at least one washing place. 5.6.5 The Contractor shall make efficient arrangements for drawing away the sullage water, as well as water from the bathing and washing places, and shall dispose off this waste water in such a way as not to cause nuisance. 5.6.6 The Contractor shall engage a Medical Officer, with a travelling dispensary for a camp, containing 500 or more persons if there is no Government or Corporation or other private dispensary situated within 8 km. from the camp. 5.6.7 The Contractor shall provide the necessary staff for effecting the satisfactory conservancy and cleanliness of the camp to the satisfaction of the Corporation. 5.6.8 The Public Health Department of Government of Karnataka shall be consulted before opening labour camp and the instructions issued by the Department and Corporation on matters such as the water supply, sanitary conveniences, the camp site accommodation etc., shall have to be followed by the Contractor.
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5.6.9 The Contractor shall maintain the sanitation of the labour camps to the satisfaction of the Health authorities of the Corporation and local Health authorities of the Government of Karnataka. 5.6.10 Safety Engineering and Safety code as per prevailing safety manual shall be followed.

SECTION 6 6.01 SCHEDULE A Name of work: Cleaning of dust bins, inspection chambers, Man holes

and maintenance of UGD lines at colony for the period from April 2013 to March 2014

Particulars

Unit

Quantity rate in `

Place of Delivery

- NIL-

- NIL-

- NIL-

- NIL-

- NIL-

- NIL-

For Karnataka Power Corporation Ltd.,

EXECUTIVE ENGINEER (C) Roads and Buildings division KPCL-KHEP-II, Kadra -581396

Bid document

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6.02 SCHEDULE B Note to Price Schedule - Bill of quantities 1. Description of items given in Price Schedule - Bill of quantities shall be read along with tender notification, General conditions, technical specifications, drawings and all other components of the BID document. The Bidder shall at all times adopt such safe methods of work as will ensure safety of structures, equipment and labour as prescribed by the Owner. If at any time the Owner finds the safety arrangements inadequate or unsafe, the Bidder shall take immediate corrective action as directed by the Owners representative at site. Any dereliction in the matter shall in no way absolve the Bidder of his sole responsibility to adopt safe working methods. Rates quoted shall include clearance of site commencement of work and after its completion. both prior to

2.

3. 4.

The Bidder shall make his own arrangements for providing all necessary plant, machinery and equipment required for the work. The work shall be completed as per the approved Construction Schedule. The rates quoted for the items include the cost of formation of alternative stack yards if necessary and cost of handling of materials and other necessary approach road. The quantities indicated in the Price Schedule - Bill of quantities are approximate. Bidder shall quote firm unit rates. No claim in respect of quantities varying or deleted from those indicated in the schedules will be entertained, except as provided in the conditions of Contract. The unit rate quoted shall include minor details of construction, which may not have been referred to in these documents but are essential for satisfactory completion of the work. The works should be completed within the period of completion stipulated in the Bid. During the course of execution of works, or during the extended period of execution of works, any damage to the item of work executed by the contractor shall be re-done at the risk and cost of contractor.

5.

6.

7.

8.

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9.

The quoted rates shall include cost of conveyance of all materials, construction plant, labour charges, supervision, fuel, lubricants, dewatering, desilting, drainage, lighting, all leads and lifts. No extra payment for these items shall be made on any account. The Bidder has to make his own arrangements for procurement, handling, transportation and storage of materials required for the work at his own cost. The Bidder has to obtain necessary permits/lease by Government for quarrying at his cost. The Bidder may utilize materials from other quarries provided the materials are as per the specifications and the Bidder shall obtain permission at his cost from the Government to exploit these quarries. The rate quoted by the Bidder for the items of work involving usage of coarse and fine aggregates and rubble will remain unaltered irrespective of quarries used by the Bidder. The Bidder shall ensure a continuous supply of coarse and fine aggregates and rubble conforming to the specifications. All items of works shall be executed as per approved design, specifications and general conditions enclosed with the Bid documents and orders, instructions conveyed by competent authority from time to time during the course of execution. The rates quoted shall be firm and include cost of all materials finished or otherwise including but not limited to labour, supervision, quality measures, setting out, tools, plants, machinery and equipment, transport charges, safety equipment, insurance, road cutting etc., all consumables such as but not limited to petrol, oil, diesel, lubricants, pipes etc., all Taxes, Duties, Octroi, VAT, and any other levies payable on all transactions, all leads and lifts, etc., overheads/profits of Contractor for due performance of the work under this contract. The rates shall also include cost for mobilisation/ demobilisation of equipment during the course of the contract and till issuance of completion certificate by the Engineer. Bidder shall quote his rate for all items in the Price Schedule - Bill of quantities. The owner reserves the right to operate any item included in the Price Schedule - Bill of quantities at his discretion. The successful Bidder shall have no claim whatsoever on ground of loss of anticipated profit etc., on account of the same. The rates quoted shall be inclusive of all applicable taxes, Quarry fees, Octroi, Duties, Cess, Building and other Construction Welfare Cess, Royalties, Freight charges, etc., applicable as on the date of opening of bid. No extra payment on this account shall be made to the Contractor. Taxes, Duties etc., subsequently enforced/collectable at the future date shall be borne by the Corporation. Any variation in Taxes, Duties, Royalties, etc., upward/downward shall be paid/recovered. The rates quoted shall hold good for works below or above ground level, irrespective of elevations.
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10.

11.

12.

13.

14.

15.

Bid document

16. 17.

The rates quoted shall hold good for use of approved brand / type of cement. The form work, scaffolding, centering, shuttering, bracing etc., for the work shall be designed by the Contractor as per specification, No separate payment will be made on this account.

18.

Abbreviations used for the unit of various items are as stated below: MT, t Kg M, Rmt No q mm Sqm, m2 Cum, m3 = = = = = = = = Tonne (1000 kg) Kilogram Running Metre Number Quintal (100 Kg) Millimeter Square meter Cubic meter

for Karnataka Power Corporation Limited, CONTRACTOR EXECUTIVE ENGINEER (C) Roads and Buildings division KPCL-KHEP-II, Kadra -581396

Bid document

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SCHEDULE B Sl No. Description of item (with brief specification and reference to Book of specification Rate (`) Quantit y In words

Unit

In figures

Amount (`)

No hard copy submission, online submission of bids in e-procurement portal

Total Tender Price (in figures) (in words)

for Karnataka Power Corporation Limited,

CONTRACTOR
Bid document

EXECUTIVE ENGINEER (C) Roads and Buildings division

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KPCL-KHEP-II, Kadra -581396

SECTION 8-STATEMENT OF ROYALTY CHARGES (Refer Gok Order enclosed) NOTE ON ROYALTY CHARGES:

a)

The Contractor has to include the prevailing Royalty charges in the rates quoted by him irrespective of whether he brings the materials from i) KPCL owned quarry ii) Quarries leased to KPCL by Govt. iii) The quarry owned by the Contractor iv) Other sources including the dump yard and it shall be his responsibility to pay Royalty to Government for the particular work. If proof is not produced by the Contractor, Royalty at the prevailing rates will be deducted from the bills & remitted to the Government by KPCL. Wherever the Corporation has taken quarries on lease from Government and in turn the Contractor are asked to bring the materials from such quarries, the Royalty charges shall be deducted from the bills of the Contractor.

b)

Where the Corporation has not taken up the quarry on lease from Government nor the land belongs to the Corporation, and then also Royalty charges shall be deducted from the bills of the Contractor The Bidder has to obtain necessary permits/lease by Government for quarrying at his cost. The Bidder may utilize materials from other quarries provided the materials are as per the specifications and the Bidder obtain permission at his cost from the Government to exploit these quarries. The rate quoted by the Bidder for the items of work involving usage of coarse and fine aggregates and rubble will remain unaltered irrespective of quarries used by the Bidder. The Bidder shall ensure a continuous supply of coarse and fine aggregates and rubble conforming to the specifications.

c)

Bid document

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