KARNATAKA POWER CORPORATION LIMITED
[A GOVERNMENT OF KARNATAKA ENTERPRISE]
TENDER DOCUMENT
FOR THE WORK OF
Providing Galvalium sheets to vehicle parking shed and
service station at garage complex, SVP colony, Jog
EXECUTIVE ENGINEER (Civil, Maintenance)
KARNATAKA POWER CORPORATION LIMITED
Jog Falls – 577 435
CONTENTS
Sl
No
Particulars
01
Declaration
02
Section – 1:
Special Attention
03
Section – 2:
Definition of terms
04
Section – 3:
Schedule of contract form
05
Section – 4:
Tender for works
06
Section – 5:
Condition s of Contract
07
Section – 6:
General Conditions
08
Section – 7:
General Specifications
09
Section – 8:
Price Bid
10
Section – 9:
Royalty Charges
11
Section – 10:Service tax format
12
Section – 11: Drawings
2
KARNATAKA POWER CORPORATION LIMITED
SHARAVATHYVALLEY HYDRO ELECTRIC PROJECT
Office of the
Executive Engineer (Civil – Maintenance)
Jog Falls-577 435, SagarTq, Shivamogga (D).
Telephone: 08186 – 244202
Fax: 08186 - 240294
NOTICE INVITING TENDER
(Two Cover System)
(THROUGH e-PROCUREMENT PORTAL ONLY)
Name of work: Providing
Galvalium sheets to vehicle parking shed
and service station at garage complex, SVP colony, Jog
TENDER REFERENCE
KPCL/SVP/CSE(M)J/2016-17/ ETND-41
Approximate value of work Rs. 31.78 Lakhs
EMD : Rs. 63,600/Contract performance Guarantee:
The contractor shall furnish a Contract
Performance Guarantee (CPG) equivalent to
10% (Ten percent) of the contract price or
amount put tender whichever is higher in the
form of FDR/ TDR/ BG from any schedule bank
acceptable to the corporation in the prescribed
format and valid throughout contract period and
maintenance period.
For other details, view e-procurement
portal www.eproc.karnataka.gov.in under
Pre-qualification Tender section
Contract period: Two Months
Last date for receipt of tenders:
10.12.2016 up to 23.59.59Hours
Place of opening of PQR bids
Office of the Executive Engineer
(Civil – Maintenance) ),Jog Falls-577 435
SagarTq, Shivamogga District.
Telephone: 08186 – 244202
Bidders, who have not registered in e-procurement portal, may do so by registering through
web sitewww.eproc.karnataka.gov.in
AG Nanjundappa
Executive Engineer (Civil – Maintenance),
Jog
SagarTq, Shivamogga (D)
3 Falls-577 435,
KARNATAKA POWER CORPORATION LIMITED
SHARAVATHYVALLEY HYDRO ELECTRIC PROJECT
Office of the
Executive Engineer (Civil – Maintenance),
Jog Falls-577 435, SagarTq, Shivamogga District.
Telephone: 08186 – 244202, Fax: 08186 - 240294
No. KPCL/SVP/CSE(M)/2016-17/ ETND-41
Date:11.11.2016
NOTICE INVITING TENDER
(Two cover system)
(THROUGH e-PROCUREMENT PORTAL ONLY)
01. Item rate tenders are invited through GoK e-procurement platform website
https://eproc.karnataka.gov.in from eligible KPCL registered contractors / Agencies,
having adequate financial resources, State of Art technology, suitable construction
equipments and technical manpower with sufficient past experience in executing civil/similar
nature of work including building for the following work at SVP COLONY ,Jog, SagarTq,
Shivamogga Dist.. Karnataka State.
Name of work
Approximate
value of work
(In Lakhs)
Providing Galvalium
sheets to vehicle
parking shed and
service station at 31.78 Lakhs
garage complex, SVP
colony, Jog
EMD
(Rs)
Tender
processing
fees
(Non
refundable
Contract
Class
of
period
for Contractor
completion of
work
63,600/-
As per eProcurement
portal of GoK
Two months
02. Calendar of events:
Last date for receipt of tenders
Date of opening of Technical bid(Cover 1)
Date of opening of Financial bid (Cover 2)
Class–II and
above
: 10.12.2016 up to 23.59.59 Hours
: 13.12.2016 at 16.30 hours
: 14.12.2016 at 10.00 hours
03. Eligibility criteria:
01) Any individual/company/ firm registered as contractor in KPCL.
02) No joint venture/Consortium is permissible.
03) Bidders shall not be under declaration of ineligibility for corrupt and fraudulent
practices issued by the Government of Karnataka.
04) Non 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.
05) The bidder should possess the following documents;
i) KPCL registration certificate.
ii) Income tax PAN.
iii) VAT registration certificate.
iv) Independent PF code.
v) Service Tax registration certificate.
4
04. MINIMUM PRE-QUALIFICATION REQUIREMENTS:
Cover – 1 (TECHNICAL BID)
01. The intending bidder should have successfully completed at least one civil/similar
nature of work amounting to Rs. 15.89 Lakhs. Work done certificate issued from State /
Central Government / Government undertakings from the officers not below the rank of
Executive Engineers or equivalent cadre shall be furnished.
02. The intending bidder should have achieved in at least two financial years a minimum
annual financial turnover of Rs.31.78 Lakhs in the last five (5) financial years i.e.,
2011-12, 2012-13, 2013-14, 2014-15 & 2015-16 (Financial turnover of previous years
will be given weightage of 10% per year to bring them to the present price level). Turn
over certificate duly certified by Chartered Accountant shall be furnished.
03. The bidder should furnish following documents.
i) KPCL registration certificate.
ii) Income tax PAN.
iii) VAT registration certificate.
iv) Independent PF code.
v) Service Tax registration certificate.
04. DECLARATIONS: To be furnished in the format enclosed to bid document.
Note: The above documents shall be uploaded along with other documents, failing / not
satisfying the above criteria the tenders are liable for rejection.
05. Instruction regarding e-procurement:i. The bid is to be submitted through the GoK e-Procurement platform
https://eproc.karnataka.gov.inonly.
ii. Bidders, who have not registered in the GoK e-Procurement portal, may do so by
registering through web site https://eproc.karnataka.gov.in.
iii. The bidder can access tender documents on web site. The blank tender documents
can
be
accessed
through
the
e-procurement
portal
web
site
https://eproc.karnataka.gov.inand for assistance if any may contact HP Help desk
Telephone
Nos.
080-25501216,
080-25501227
or
email
at
[email protected]
for
Payment
Reconciliation
:
([email protected], 94800 51521).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 Maintenance ), KPCL, Jog - 577 435, Sagar Taluk, Shivamogga District.
Ph:08186-244202.
iv. After login to bidders, please scroll down to the right side bottom to see list of
tenders. Please click there 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.
v. Other details can be seen in the Bid documents.
06.
Sub-letting of the work is not allowed.
5
07.BID VALIDITY: The validity of the bid shall be 180 days from the date of opening of the
Technical bid (Cover – 1 )
08.
i. EMD: 63,600/-The e-Payment of EMD shall be made through Direct Debit / Credit
Card / National Electronic Fund Transfer (NEFT) or over the counter (OTC) only
through ICICI Bank. Only on receipt of full EMD along with bid, the bid will be
opened and considered for evaluation.
ii.
Contract performance Guarantee: The successful bidders shall furnish a Contract
performance guarantee (CPG) EQUIVALENT TO 10% (Ten percent) of the
contract amount in the form of DD/BG from any schedule bank acceptable to the
Corporation in the prescribed format before entering in to agreement and valid
throughout contract period and maintenance period.
iii) The prospective bidder should not coerce any other bidders to derail the healthy and
competitive bidding process. Such acts entail the disqualification for 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, 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.
iv)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.
v)KPCL reserve the right to accept or reject all the bids without assigning any reasons
thereof.
09. COVER – 2( FINANCIAL BID )
a) Tender Schedule ”B” (Price Bid).
b) The bidder shall sign and enclose the scanned copy of the details of service tax
component duly filled as per the format is enclosed to the price bid.
Cover-1 (Technical Bid) will be opened first.
Cover-2 (Financial Bid) of those bidders who have furnished satisfactorily all
required details/documents mentioned in cover-1 (Technical Bid) will only be
opened.
10
GENERAL CONDITIONS:i.
The original documents in support of documents furnished along with the bid
should be produced for verification at any stage of tender process as and when
sought for, failing which, the bids are liable for disqualification.
ii.
Rates shall be quoted in tender schedule ‘B’ (Bid) in the website itself.
iii.
The tender document is part and parcel of the agreement.
iv.
Conditional tenders are liable for rejection.
6
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
xvi.
11.
12.
The successful bidder shall give an under taking that they would abide by the
provisions of the Employees Provident Fund Act and should have their
independent PF Code .
The Bidder shall obtain insurance coverage for all the workers deployed for this
work. Insurance shall protect the contractor against all claims applicable under
the workmen Compensation Act 1948.
The Bidder shall quote rates Inclusive of all applicable taxes, including service
tax, levies, duties and cess, Building Workers Welfare Cess @1 % etc., as per
the latest GoK and GoI prevailing rules as on the date of price bid document.
The rates quoted shall be inclusive of all applicable taxes including service tax.
The bidder shall submit a declaration regarding the applicability of Service tax
under various options by indicating the applicable option in the S.T. format
(Declaration of Method of Payment of Service Tax) enclosed to the Bid
document.
The Bidder shall quote rates inclusive of PF as per the applicable rate as issued
by the PF department from time to time and if any variation occurs it shall be
paid / refunded by / to the Corporation against documentary evidence.
As per Building and other construction workers’ Welfare Cess Act 1995, 1%
Cess on bill amount shall be recovered in the work bills.
KPCL shall recover the Income Tax, Work Contract Tax / VAT etc., at the
prevailing applicable rates. If any variation in taxes & duties will be to the
account of KPCL.
The bidder should maintain register of labours deployed and wages paid for the
workers and shall produce the documents whenever called for by the competent
authority. Remittance towards PF shall be commensurate with the labour
component of the work involved.
The Bidder shall remit PF of labours to Bidders permanent PF code number
only.
In case the dates notified above are declared as holiday, the immediate next
working day will be reckoned.
If the bidder makes any alteration in the condition of contract or puts any
condition of his own, such a tenders are liable for rejection.
The bidder shall register himself under section 7 and their worker who will be
engaged for the work under section 12 of the building and other construction
workers act 1996. If not the successful bidder may do so immediately before
award of work.
Further details of the work or any clarifications can be obtained from the office of the
Executive Engineer (Civil Maintenance), KPCL, Jog 577435, SagarTaluk,
ShivamoggaDistrict during office hours.
Corrigendum / modification / corrections, if any, will be published in the web site only.
For Karnataka Power Corporation Limited,
AG Nanjundappa
Executive Engineer (Civil – Maintenance),
Jog Falls-577 435,
SagarTq, Shivamogga (D)
7
CC:
: MD - for kind information.
: TD/FD - for kind information
: Deputy Commissioner & District Tender Bulletin Officer, Shivamogga for kind
information with a request to publish in District Tender Bulletin.
: ED(H)/ED(T)/ED(BTPS)/ED(F) - for kind information.
: ED(CC) - for kind information with a request to make arrangements for publishing the Brief
: NIT in the leading news paperof Karnataka state.
: CCES/CCEK/CCED/CE (E,I&TA)/CCET/CE(C)BTPS, CE(Unit -3)BTPS / CEC: RPCL/ECES/ECEV/ECEC/ CEED / CETD - for kind information.
: SE (CSD) - for kind information with a request to publish in KPCL website.
: CSS(R)/SEC (RO)/CAS/SEE(S)/SEE (MGHE)/SEE (GP)/CKS/CPS/CRS.
: Copy for information & vide publicity to:: CSE(R)/CSE(D)GP/EE(CCM)RTPS/EE(PCM – 1 &2)RTPS/
CAE(PH)/CAE(B)/CAE(D)/EE(MSP)J/AGM(F)J/ EE(TA)/Kargal.
: AO (K)/AO (IA) KARGAL/CSAE (RL)/ (RC)
: Contractors Association- Kargal / Gerusoppa / Mastikatte / Dandeli/Sagar/Shakthinagar
: Notice board.
8
KARNATAKA POWER CORPORATION LIMITED
DECLARATION
(Declaration to be given by the BIDDER at the time of submission of the completed BID)
Name of work: Providing
Galvalium sheets to vehicle parking shed and
service station at garage complex, SVP colony, Jog
01.
02.
03.
I / We have studied the site conditions, labour conditions and read the Bid
documents and related matters carefully and diligently and that I/We have
submitted the Bid having studied, understood and accepted the full
implications of the Bid document. The requirements of the BID documents as
stated above will be fulfilled by me/us to the satisfaction of the Corporation. I /
We hereby declare that the bid submitted by me / us has no conditions
contravening the commercial conditions of the bid.
I/We agree that should 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 bye-mail or left at my/our address given in
the Bid documents.
I/We fully understand the terms and conditions of the contractto be
entered into between me/us and the CORPORATION and thewritten
CONTRACT shall be the foundation of the rights of both theParties.
I / We hereby declare that none of his contracts have
beenterminated/foreclosed/EMD forfeited on account of his default in KPCLor
elsewhere during last Five years.
Dated the -------------- day of --------------2015.
Bidder Signature
9
SECTION - 1
SPECIAL ATTENTION
1. The Bidder shall carefully study and understand all the tender specifications, technical,
commercial and general conditions before submitting the Bid.
2. 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.
3. 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 https://eproc.karnataka.gov.inand 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 the Executive Engineer(Civil,
Maintenance) KPCL, Jog Falls - 577435, SagarTaluk, Shimoga District.
4. Bids containing any conditions whatsoever are liable for rejection.
5. Bids with stipulations for settlement of dispute by referenceto arbitration are liable for
rejection.
6. Tender without EMD, tenders not properly uploaded shall be rejected.
7. 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, Maintenance) KPCL,
Jog Falls - 577435, SagarTaluk, Shimoga District.
8. Final acceptance rests with the corporation. Corporation reserves the right to accept any
or reject any or all tenders without assigning any reasons thereof.
9. 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. Rebates, if any offered by the tenderer shall be provided only at
the end of the prescribed Price bid only.
10. The contractor shall quote his rates inclusive of service tax and 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.
10
SECTION – 2
DEFINITION OF TERMS
01. “Owner / Corporation” shall mean the Karnataka Power Corporation Ltd., on whose
behalf the NIT is issued and shall include its successors and assignees as well as its
authorized officers / representatives.
02. “Engineer” shall mean Chief Engineer of the corporation in charge of the project 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.
The Engineer where named as a final authority for decision shall mean only the Chief
Engineer who is in charge of the project.
03. ENGINEER-IN-CHARGE’ shall mean the EXECUTIVE ENGINEER directly in-charge
of the work or his duly authorized officer who shall direct and supervise the work.
04. ‘BID’ shall mean the proposal / document that the bidder submit in the prescribed and
specified form.
05. ‘BIDDER’ Bidder shall mean the firm / party who quotes against this notification.
06. ‘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
fulfillment of the CONTRACT and shall include his heirs, legal representatives, successors
and permitted assignees.
07. 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 put up for installing machinery etc.,
08. ‘MONTH‘ shall mean month as reckoned by English calendar.
09. SPECIFICATION’ shall mean collectively all the terms and stipulations contained in
various sections 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’.
10. ‘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.
11. The expression ‘WORK’ or ‘WORKS’ where used in this contract shall unless there be
something in 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.
11
12. ‘CONTRACT’ shall mean the order and associated specifications executed by the OWNER
and the CONTRACTOR including other documents agreed between the parties or implied
to form a part of the CONTRACT.
13. The word ‘CONTRACT PRICE’ shall mean the total of all payments as estimated from
unit prices and estimated quantities set forth in the contract which are to be paid to the
CONTRACTOR for the work to be done under the CONTRACT.
14. ‘DATE OF CONTRACT’ shall mean the calendar date on which the OWNER and
Contractor have signed the ‘CONTRACT’
15. ‘CONTRACT PERIOD’ shall mean period during which the Contract shall be executed as
agreed between Corporation and Contractor in the contract reckoned from the date of Letter
of Intent.
16. ‘MAINTENANCE PERIOD’ shall mean the period, after the issue of certificate of
completion by the ENGINEER, during which the structure has to function without any
trouble.
17. ‘ENGINEER’S 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’.
18. ‘WRITING’ shall include any manuscript, typewritten, fax, e-mail or printed statement,
under or over signature and / or seal as the case may be.
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.
20. ‘BIDDER’S WORKS’ shall mean and include the land and other places that are used by
the Contractor for the performance of the “works”.
21. ‘Virtual COMPLETION’ shall mean all ‘work‘ completed as directed and the ‘Site’ is
cleared to the satisfaction of the ENGINEER.
22. Date of award of contract shall mean the date of issue of the letter of intent.
23. The words Tenderer and bidder shall have the same meaning wherever used in the
contract.
24. ‘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.
25. Words imparting the singular only shall also include the plural and vice versa, where the
context requires.
26. Wherever figures are given in this contract under the work ‘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 CORPORTION.
12
27. Wherever in this contract, the words directed, required, ordered, designated considered
necessary, prescribed or words of like import are used, it shall be understood that the
direction, requirement, permission, order, designation or prescription etc., of the engineer is
intended. Similarly, the words approved, acceptable, satisfactory or words of like import
shall mean approved by / or acceptable or satisfactory to the Engineer, unless another
meaning is plainly intended.
13
SECTION -3
SCHEDULE OF CONTRACT FORM
GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF THE
CONTRACTOR
01.
All works proposed to be executed by contract will be notified in the form of
NOTICE INVITING TENDER (NIT) put up on the notice boards of concerned
offices/e-procurement. It may also be published in the NEWS Papers wherever
required.
02.
NIT will state the work to be carried out as well as the date for submitting and
opening tenders and the time allowed for carrying out the work. Also the amount of
earnest money to be deposited along with the tender.Every contractor who intends to
tender for the work advertised by the KPCL shall be a Registered Contractor in
KPCL ofrequired Class as per rules of registration of Contractor of Karnataka Power
Corporation Limited.
03.
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.
04.
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 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.
05.
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.
06.
Any person who submits a tender shall fill up in the Website stating at what rate for
each item of price bid document i.e., Schedule-B (memorandum showing items of
work to be carried out), he is willing to execute Only one rate for each item of work
shall be quoted. Tender which proposes any alteration in the works specified in the
tender or in the time allowed for carrying out the work, or which contains any other
conditions, unless permitted by the corporation is liable for rejection.
07.
The officer calling for tenders shall open tenders in the presence of Contractors or
their representatives who wish to be present at that 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,withan
additional security in the form a Bank Guarantee / FD / 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. The additional security deposit so
obtained shall be released immediately after completion of such item / items.
08.
14
ii) The officer competent to dispose off the tender shall have the right of accepting
any or rejecting any or all the tenders without assigning any reasons and is not
bound to accept the lowest tender.
09.
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.
10.
The measurements of work will be taken according to the standard methods in use in
the Public Works Department/Corporation.
11.
The tender of any bidder who does not accept the conditions contained in the tender
documents unless otherwise permitted by Corporation is liable for rejection.
12.
Each tenderer should give clearly in his tender, details of his place of residence and
postal address. The delivery of the communication 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.
13.
The earnest money of the rejected tenderers will be returned by e-procurement cell
after opening /processing of the tender. The earnest money deposit shall not bear
any interest.
14.
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 contract agreement as specified herein above
would entail forfeiture of EMD.
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.
16.
Income Tax at 2.3% of gross amount of the bill or at the rates prescribed from time
to time will be recovered from each bill.
17.
The contractor shall abide by the prevailing rules on the Income Tax, Sales
tax,ServiceTaxand other statuary levies of Govt of Karnataka and local bodies,
during the entire period of contract.
15
SECTION - 4
KARNATAKA POWER CORPORATION LIMITED
SharavathyValley Project
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
Providing Galvalium sheets to
vehicle parking shed and service
station at garage complex, SVP
colony, Jog
a)
Name of work
b)
Amount put to tender
Rs. 31.78 Lakhs
c)
Earnest money deposit
Rs. 63,600/-
d)
Time allowed for completion of work
Two months
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 Rs. 63,600/- is paid through e-procurement portal as Earnest money.
I/We agree that should 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.
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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 …………….2015
CONTRACTOR
Address
Witness:
Address: M/s……………………………………
……………………………………………………..
……………………………………………………..
Occupation………………………………………
……………………………………………………..
The above tender is hereby accepted by me on behalf of the Corporation.
Dated the…………………….day of …………..2015
Executive Engineer(Civil, Maintenance)
Jog Falls– 577 435.
NOTES:
01. The currency period of the tender shall be 180 days from the date of opening of the
tender. 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.
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SECTION - 5
GENERAL CONDITIONS OF CONTRACT
CONDITION OF CONTRACT
5.01 CONTRACT PERFORMANCE GUARANTEE:
Clause 01 (a) The contractor shall furnish a Contract performance guarantee ( CPG )
equivalent to 10% ( ten percent ) of the contract price in the form of FDR / TDR / BG
from any schedule bank acceptable to the Corporation in the prescribed format and valid
throughout contract period and maintenance period. The EMD deposit lodged / paid by
the contractor shall be returned to him after the submission of contract performance
guarantee by the contractor and after concluding the agreement by the contractor.
Clause 01(b) The contract performance guarantee furnished by the contractor shall not
bear any interest.
Clause 01 (c). Due to Corporation to be set off against contract performance
guarantee.
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 amount 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 contract performance guarantee being 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 contract performance guarantee or any part thereof.
Clause 01 (d). Releaseof contract performance guarantee.
The Contract performance guarantee (CPG) submitted by the contractor shall be
returned to him after the completion of maintenance period subject to fulfillment of all
obligation of the contract.
5.02 PENALTY FOR DELAY
Clause 02 (a) WRITTEN ORDER TO COMMENCE WORK:
After acceptance of the tender, the Executive Engineer shall issue a written order to the
successful tenderer to commence the work. The Contractor shall enter upon or
commence any portion of work only with the written authority and instructions of the
Executive Engineer. Without such instructions the Contractor shall have no claim to
demand for measurements of or payment for work done by him.
Clause 02 (b) Programme of work:
The time allowed for carrying out the work as entered in the tender shall be strictly
observed by the Contractor. It shall be reckoned from the date of Letter of Indent /
Letter of Award. The work shall throughout the stipulated period of the contract be
proceeded with, all due diligence (time being deemed to be essence of the contract on
the part of the Contractor). To ensure good progress during the execution of the work,
the contractor shall be bound to comply with the construction schedule approved the
Engineer based on the time schedule.
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Clause 02 (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.
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.
Grant of extension of time:
If the delay is attributable to reasons beyond the control of the Contractor requisite
extension of time on an application in writing by the contractor shall be granted by the
Executive Engineer or other competent authority in accordance with Clause-5 after
obtaining the approval of his higher authorities wherever necessary.
Review or progress by Superintending Engineer/Chief Engineer:
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.
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.
Clause 02 (d) Penalty 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 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 10% (Tenpercent) 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.
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Clause 02 (e) Adjustment of excess/over payments:
Excess/over payment as soon as they are discovered should be adjusted in the next RA
bill of the Contractor and in case the final bill has already been paid, the excess/over
payment made shall be recovered from the Contract performance guarantee of the
Contractor together with an interest at 13% or such other percentages as Corporation
may decide from time to time from the date of such excess or over payment to the date
of recovery.
5.03.ACTION WHEN THE WHOLE OF CONTRACT PERFORMANCE
GUARANTEE IS FORFEITED:
Clause 03
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 Contract performance guarantee. 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.
Clause 03 (a)Forfeiture of Contract performance guarantee:
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 Contract
performance guarantee of the contractor shall stand forfeited and action will be initiated
for encashment of Contract performance guaranteebythe Corporation.
Clause 03 ( b )Debiting cost of labour and materials supplied:
To employ labour paid by the Corporation and to supply materialsto 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
Executive Engineer shall be final and conclusive against the Contractor) and crediting
him with the value of the work done, in all respects 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 Executive Engineer as to the value of the work done shall be final and
conclusive against the Contractor.
Clause 03 (c) Recovery of extra cost on unexecuted work:
To measure up the work of the Contractor and to take such part thereof 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 Chief Engineer shall
be final and conclusive) shall be borne and paid by the original Contractor and shall be
deducted from any money due to him by Corporation under this Contract or any
Contract in Corporation/State Government/Central Government or otherwise or from his
Contract performance guarantee or the proceeds of sale thereof or a sufficient part
thereof.
Clause 03 (d)Action against unsatisfactory progress:
If the Contractor does not maintain the rate of progress as required under clause-2and if
the progress of any particular portion of work is unsatisfactory even after taking action
20
under Clause-2(c) & (d),the Executive Engineer shall be entitled to take action under
clause-3 (b) or 3 (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.
Clause 03 (e) No compensation for loss sustained on advance action:
In the event of any of the above courses being adopted by the Executive Engineer, the
Contractor shall have no claim to compensation for any 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 Executive 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.
5.04. CONTRACTOR TO REMAIN LIABLE TO PAY COMPENSATION IF
ACTION IS NOT TAKEN UNDER CLAUSE 3.
Clause 04
In any case in which any of the powers conferred upon the Executive
Engineer 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 notwithstanding 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 CPG 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 Contractor’s properties.
In the event of the Executive Engineer taking action under sub-clause (a) or (c) of
Clause–3, 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, not being applicable, at current
market rates, to be certified by the Executive Engineer whose certificate thereof shall be
final. In the alternative, the Executive 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 Executive Engineer may
remove them at the Contractor’s 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
Executive 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.
5.05. GRANT OF EXTENSION OF TIME:
Clause 05 (a) If the contractor shall desire an extension of the time for completion of
the work on the ground of his having been unavoidably hindered in its execution or on
any other ground, he shall apply in writing to the Executive Engineer before the expiry
of the period stipulated in the tender or before the expiry of 30 days from the date on
21
which the cause for asking for extension occurred, whichever is earlier and the
Executive Engineer or other competent authority may, if in his opinion, there are
reasonable grounds for granting an extension, grant such extension as he thinks
necessary or proper. The decision of such competent authority in this matter shall be
final.
Clause 05 (b) The time limit for completion of the work shall be extended
commensurate with its increase in cost occasioned by alterations or additions and the
certificate of the Executive Engineer or other competent authority as to such proportion
shall be conclusive.
5.06.
ISSUE OF FINAL CERTIFICATE – CONDITIONS REGARDING
Clause 06
On completion of the work, the Contractor shall report in writing to the
Executive Engineer the completion of the work. Then he shall be furnished with a
certificate by the Executive Engineer of such completion, but no such certificate shall be
given nor shall the work be considered to the complete until the Contractor shall have
removed from the premises on which the work shall have been executed, all scaffolding,
surplus materials and rubbish, and shall have clean thoroughly all parts of the
structure,works in or upon which the work has been executed, or of which he may have
had possession for the purpose of executing the work, not until the work shall have been
measured by the Executive Engineer or other competent authority, or where the
measurements have been taken by his subordinates until they have received the approval
of the Executive 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 date fixed for the completion of the work, the
Executive Engineer or other competent authority 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 realized
by the sale thereof.
Closure of contract pending completion of minor items:
In cases where it is not desirable to keep the contract open for minor items which can be
carried out later at discretion of Executive Engineer or other competent authority, the
main contract may be finalized after getting a supplementary agreement executed in the
prescribed form by the same Contractor for doing the residual work.
5.07. CONTRACTOR TO SUBMIT BILLS MONTHLY IN PRINTED FORM
Clause 07 (a)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.
22
I.
II.
III.
Contractor shall submit bills duly supported by hard copy of detailed measurements
of work using electronic spread sheets and making computations thereof. The
contractor shall submit diskette/ CD-ROM in addition to the hard copy.
In the electronic spread sheet the reference of work order/ job order/ LOI
agreements shall be indicated.
The countersignature of the contractor or his authorized agent shall be obtained on
each page in the hard copy of the detailed measurement spreadsheets prepared by
the Junior/ Assistant Engineer which shall be binding on the contractor in all
respects.
Clause 07 (b) Scrutiny of bills and measurement of work:
The details furnished by the Contractor in the bill should be completely scrutinised and
the said work should be measured by the subordinate 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 respects. If the Contractor does not
submit the bills within the prescribed time, the Executive 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.
Clause 07 (c) Filing of objections to measurement by Contractor:
Before taking any measurement of any work has been referred to in Clause-7 (b) above,
the Executive Engineer or a subordinate deputed by him shall give reasonable notice to
the Contractor. If the Contractor fails to attend 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 Executive Engineer, then in any such event, the
measurement taken by the Executive 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.
Clause 07 (d) One copy of the passed bill shall be given to the Contractor without any
charge.
5.08 PAYMENT PROPORTIONATE TO WORK APPROVED AND PASSED
Clause 08
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 Executive Engineer or other competent
authority whose certificate of such approval and passing of the sum so payable shall be
final and conclusive against the Contractor.
Payment at reduced rates:
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
Executive Engineer or other competent authority 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.
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Intermediate payment be regarded as advances
All such 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 Executive Engineer or other competent authority
from requiring any bad, unsound, imperfect or unskilled work to be removed or taken
away and reconstructed or re-erected not shall any such payment be considered as an
admission of the 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 Executive Engineer or other competent authority as to the final settlement
and adjustment, of the accounts, or otherwise or in any other way vary or affect the
Contract.
Submission of Final bill and its settlement
The final bill shall be submitted by the Contractor within one month of the date of actual
completion of the work in all respects. His claim shall be settled (except those under
dispute) within five months thereafter.
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.
5.09STORES SUPPLIED BY CORPORATION:
DELETED
5.10 UNUSED MATERIALS:
D E L ET E D
5.11NO CLAIMS TO COMPENSATION ON ACCOUNT OF LOSS DUE TO DELAY IN
SUPPLY OF MATERIALS BY CORPORATION.
DELETED
5.12 DEFINITION OF WORK:
Clause 12 (a)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.
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 workman like manner and in strict accordance with the specifications
both such regards materials and workmanship. The Contractor shall also conform
24
exactly, fully and faithfully to the designs, drawings and instructions in writing relating
to the work signed by the Executive 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
specification and of all such designs, 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.
Clause 12 (c) ACTION WHERE THERE IS NO SPECIFICATION
In case of any class of work for which there is no such specification as is
mentioned in Rule-3 General Rules and Directions of the Contract form, 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 Executive Engineer
or other competent authority.
5.13 ALTERATION IN QUANTITY OF WORK, SPECIFICATIONS AND DESIGNS,
ADDITIONAL WORK, DELETION OF WORK.
Clause 13 (a)( i )The Executive 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)
b)
c)
d)
e)
f)
Increase or decrease the quantity of any work included in the Contract.
Omit any such work.
Change the character or quality or kind of any such work.
Change the levels, lines, positions and dimensions of any part of the work.
Execute additional work of any kind necessary for the completion of the work,
and
Change in any specified sequence, methods or timing of construction of any part
of the work.
Contractor bound by Executive 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 Executive
Engineer or other competent authority and such alteration shall not in any way vitiate or
invalidate the Contract.
Clause 13 (a)( ii ) ORDERS FOR VARIATIONS TO BE IN WRITING
No such variations shall be made by the contractor without an order in writing of the
Executive Engineer, provided that on order in writing shall be required for increase or
decrease in the quantity of any work where such increase or decrease is the result of the
quantities exceeding or being less than those stated in the Schedule-B provided also that
if for any reason the Executive Engineer shall consider it desirable to give any such
order verbally, the Contractor shall comply with such order and any confirmation in
writing of such verbal order given by the Executive Engineer, whether before or after
the carrying out of order shall be deemed to be an order in writing within the meaning of
25
this clause, provided further that if the Contractor shall within seven days confirm in
writing to the Executive Engineer and if such confirmation is not contradicted in writing
within fourteen days by the Executive Engineer it shall be deemed to be an order in
writing by the Executive Engineer.
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.
Clause 13 (b)The rates tendered and accepted shall hold good for any variations in quantity.
Clause 13 (c) Rates for additional, substituted, altered items of work:
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 Agreement. In the absence of similar items in the
agreement, the rate shall be as specified for or derived from similar items from Schedule of
Rates prevalent at the time of execution of such additional, substituted or altered item of
work, plus or minus the overall percentage of original tendered rates over the Schedule of
Rates of the year in which the tender is accepted as mentioned in Sub-clause (b) above.
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 of
the Division, the decision of the Chief Engineer shall be final and binding on the Contractor.
Clause 13 (d)Determination of rates for items not found in estimate or schedule of
rates.
If the rates for additional, substituted or altered work cannot be determined in the manner
specified in Sub Clause 13(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 Executive 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. Thereupon the Executive 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 Chief Engineer shall be final.
5.14 TIME LIMITS FOR UNFORESEEN CLAIMS
Clause 14
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 Executive Engineer or other competent authority
within 30 days of the cause of such claim occurring.
5.15 NO CLAIM TO ANY PAYMENT OR COMPENSATION FOR DELETION OF
WHOLE OR PART OF WORK
Clause 15 (a) If at any time after the execution of the Contract, the Executive Engineer
or other competent authority shall, for any reason whatsoever, require the whole or part
of the work as specified in the tender 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
26
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 any reason of any alterations having been made in the
original specifications, drawings, designs and instructions which may involve any
curtailment of the work as originally contemplated.
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, at the rates determined by the Executive Engineer or other competent
authority 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 Executive Engineer whose decision shall be final.
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 Executive Engineer or other competent authority, 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 Executive Engineer or
other competent authority, 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.
Clause 15 (d) TIME LIMIT FOR STOPPAGE OF WORK
The period of stoppage ordered by the Executive Engineer or other competent authority
should not ordinarily exceed 6 (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
Executive Engineer or other competent authority by the Contractor within 7 (Seven) days
after expiry of the above period.
Execution of work deleted
The portion of work thus deleted may be got executed from the same Contractor on
supplemental agreement on mutually agreed rates which shall not exceed current schedule
of rates plus or minus tender percentage.
5.16 ACTION AND PENALTY IN CASE OF BAD WORK
Clause 16
If at any time before the CPG is refunded to the Contractor it shall appear to
the Executive Engineer or other competent authority or his subordinate in charge of work,
that any work has been executed with unsound, imperfect or unskilled 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 Executive Engineer
or other competent authority to intimate this fact in writing to the Contractor and then
notwithstanding 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 Executive Engineer or the competent authority in the
27
written intimation aforesaid, the Contractor shall be liable to pay a penalty not exceeding
1% (one percent) of the amount of the estimate for every day not exceeding ten days during
which the failure, so continues, and in the case of any such failure the Executive Engineer or
other competent authority 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 Executive Engineer or other competent authority
for any valid reason consider that any 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.
5.17WORK TO BE OPEN TO INSPECTION - CONTRACTOR OR RESPONSIBLE
AGENT TO BE PRESENT
Clause 17 (a) 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 Executive
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 Executive Engineer or other competent authority or his
subordinate to 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.
EMPLOYMENT OF TECHNICAL STAFF
Clause 17 (b)The Contractor shall employ the following minimum technical staff
during execution of the work.
i)
One Graduate Engineer, when the cost of the work to be executed is
`5.00 lakhs or more.
ii)
One qualified Diploma Engineer when the cost of the work to be
executed is more than `2.00 lakhs but less than `5.00 lakhs.
iii)
In addition to (i) and (ii) above the Contractor shall employ different
types of such technical personnel as may be directed by the Executive
Engineer to ensure efficient execution of work.
The technical staff so employed shall be available at site whenever required by
Engineer in-charge to take instructions.
Clause 17 (c) If the Contractor fails to employ the technical staff as aforesaid, he shall
be liable to pay a sum of `10,000/- (Ten thousand only) each for each month of
default in the case of Graduate Engineers and `5,000/- (Five thousand only)
each for each month of default in case of Diploma Holders.
Clause 17 (d) If the contractor himself possesses the required qualification and is
available at the site for receiving instructions from the Executive Engineer or
other competent authority vide sub-clause 17(a) above it will not be necessary for
the technical staff to be available at the site for receiving instructions.
28
5.18 NOTICE TO BE GIVEN BEFORE WORK IS COVERED UP
Clause 18
The Contractor shall give not less than five days notice in writing to the
Executive Engineer or his subordinate in charge of the work 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 Executive
Engineer or other competent authority or his subordinate in charge of the work 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 if default thereof no payment or allowance shall be made for
such work or for the materials with which the same was executed.
5.19 CONTRACTOR LIABLE FOR DAMAGES DONE AND FOR IMPERFECTIONS
FOR TWELVE MONTHS AFTER CERTIFICATE OF COMPLETION
Clause 19
If the Contractor or his workmen or his servants shall break, deface,
injure or destroy any part of the 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 twelve months of the grant of a certificate of
completion, final or otherwise, by the Executive Engineer or other competent authority,
the Contractor shall make good the same at his own expense, or in default, the Executive
Engineer or other competent authority may cause the same to be made good by other
workmen, and deduct the expenses (of which the certificate of the Executive Engineer
or other competent authority shall be final) from any sums that may be due or may
thereafter become due to the Contractor, or from his CPG or the proceeds of same
thereof, or of a sufficient portion thereof.
5.20 CONTRACTOR TO SUPPLY PLANT, LADDERS, SCAFFOLDINGS, ETC., AND
IS LIABLE FOR DAMAGES ARISING FROM NON-PROVISION OF LIGHTS,
FENCING ETC.
Clause 20
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
Executive Engineer or other competent authority as to any matter as to which under
these conditions he is entitled to be satisfied or which he is entitled to require together
with carriage therefore, 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 Executive Engineer or other competent authority
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 CPG 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
29
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 the corporation under this contractor at any contract in corporation or
from his CPG or the proceeds of sale thereof or a sufficient part thereof.
5.21 ISSUE OF THE PLANT AND MACHINERY ON HIRE:
DELETED
5.22 MEASURES FOR PREVENTION OF FIRE
Clause 22
The Contractor shall not set fire to any standing jungle, trees, bush, wood
or grass without a written permit from the Executive Engineer. When such permit is
given, and also in all cases when destroying cut or dug up trees, bushwood, grass etc.,
by fire, the Contractor shall take necessary measures to prevent such fire spreading to or
otherwise damaging surrounding property.
5.23 LIABILITY OF CONTRACTOR FOR ANY DAMAGES DONE IN OR OUTSIDE
WORK AREA
Clause 23
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 Executive Engineer and the
estimate of the Executive Engineer, subject to the decision of the Chief 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 Executive 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.
5.24 Employment of Female labour:
Clause 24
The employment of female labourers on works in the neighbourhood of
soldiers, barracks should be avoided as for as possible.
5.25 WORK ON NOTIFIED HOLIDAYS
Clause 25
No work shall be done on any notified holiday without the sanction in
writing of the Executive Engineer or other competent authority.
5.26 WORK NOT TO BE SUBLET:
Clause 26(a) (i) 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
30
not executable by general Contractor could be got done by a specialised agencies which
are executing such works, after obtaining the specific approval of the Executive
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.
Clause 26(a)(ii) CONSEQUENCE OF SUBLETTING WORK WITHOUT
APPROVAL, BECOMING INSOLVENT, BRIBING ETC., BY CONTRACTOR
& ACTION AGAINST THE CONTRACTOR.
If the Contractor shall assign or sublet his Contract or any portion thereof without the
specific approval of the Executive 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 his contract
or if any such officer or person shall become in any way directly or indirectly interested
in the contract. the Executive Engineer or any other competent authority 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 ensure as ifthe Contract had been rescinded under Clause3 thereofand in addition the Contractor shall not be entitled to recover or be paid for any
work actually performed under Contract.
Clause 26 (b) RECOVRY OF EXCESS PAYMENTS BASED ON EXCESS
MEASUREMENTS AND ACTION AGAINST CONTRACTOR
i) 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
countersigned 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 him.
CHANGE IN CLASSIFICATION OF EXCAVATIONS ACCEPTED NOT
PERMITTED
ii) Once the measurements mentioned in 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.
5.27 SUM PAYABLE BY WAY OF COMPENSATION TO BE CONSIDERED AS
REASONABLE COMPENSATION WITHOUT REFERENCE TO ACTUAL LOSS
Clause 27 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.
31
5.28 APPROVAL OF THE EXECUTIVE ENGINEER NECESSARY FOR CHANGING
THE CONSTITUTION OF A FIRM BEFORE ENTERING INTO PARTNERSHIP
AGREEMENT -CONSEQUENCES OF NOT OBTAINING PRIOR APPROVAL
Clause 28
Where the Contractor is a partnership firm, the prior approval in writing
of the Executive Engineer or other competent authority shall be obtained before any
change is made in the Constitution of the Firm. Where the Contractor is an individual
or a Hindu undivided family business/ concern, such approval as aforesaid shall
likewise be obtained before the contractor enters into any partnership agreement where
under the partnership firm, the firm would have the right to carry out the work hereby
undertaken by the Contractor. If prior approval as aforesaid is not obtained the contract
shall be deemed to have been assigned in contravention of Clause-26 hereof and the
same action may be taken and the same consequences shall ensure as provided in the
said Clause-26.
5.29 SETTLEMENT OF DISPUTES - TIME LIMIT FOR DECISION
Clause 29 (a)If any dispute or difference of any kind whatsoever were to arise between
the Executive Engineer / Chief Engineer and the Contractor regarding the following
matters namely,
i) The meaning of the specification, designs, drawings and instructions herein before
mentioned.
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 90 (ninety) days from the date of being requested by
the Contractor to do so, give written notice of his decision to the Contractor.
CHIEF ENGINEER’S DECISION FINAL
Clause 29 (b)Subject to other form of settlement hereafter provided, the Chief
Engineer’s 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.
REMEDY WHEN CHIEF ENGINEER’S DECISION IS NOT ACCEPTABLE
TO CONTRACTOR
Clause 29 (c)In case the decision of the Chief Engineer is not acceptable to the
Contractor he may approach the Jurisdictional Law Court at Bangalore for settlement
of the 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.
32
TIME LIMIT FOR
CONTRACTOR.
NOTICE
TO
APPROACH
LAW
COURT
BY
Clause 29 (d)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.
TIME LIMIT FOR NOTICE TO APPROACH LAW COURT BY
CONTRACTOR WHEN DECISION IS NOT GIVEN BY CHIEF ENGINEER
AS AT (B).
Clause 29 (e)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 Jurisdictional LawCourt at Bangalore giving due notice to the Chief Engineer. If
the contractor fails to approach the law court within the stipulated period as above, he
shall have no right to initiate any further legal proceedings.
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.
OBLIGATIONS OF THE EXECUTIVE
CONTRACTOR
SHALL
REMAIN
CONSIDERATION OF DISPUTE.
ENGINEER AND THE
UNSETTLED,
DURING
Clause 29 (g)The reference of any dispute or difference to the Chief Engineer or the
law court may proceed notwithstanding 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.
5.30 CONTRACTOR TO
COMPENSATION ACT
PAY
COMPENSATION
UNDER
WORKMEN'S
Clause 30 (a)
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 shall be recovered in the manner
laid down in Clause-1 above.
CONTRACTOR TO PAY EXPENSES OF PROVIDING MEDICAL AID TO
WORKMEN
33
Clause 30 (b)
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 such expenses are incurred by the Corporation, 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.
5.31 CONTRACTOR TO PROVIDE PERSONAL SAFETY EQUIPMENT, FIRST AID
APPARATUS, TREATMENT ETC.,
Clause 31 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.
5.32 MINIMUM AGE OF PERSONS EMPLOYED BY CONTRACTOR
Clause 32 (a)The Contractor shall not employ
i)
any person who is under age of 15 years
ii) 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.
Clause 32 (b) Deleted.
Clause 32 (c) Deleted.
Clause 32 (d) The contractor shall provide potable water facilities to the workers.
Clause 32 (e) REMOVAL OF PERSON NOT SATISFYING CONDITIONS: 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.
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 undertaking 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 decisions shall
not in any way affect the conditions in the contract regarding payment to be
made by corporation at the agreed Bid rates.
34
5.33 EMPLOYMENT OF SCARCITY LABOUR ETC.,
Clause 33 (a) If Government declares a state of scarcity or famine to exist in
any village situated within 16 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 Executive Engineer or by any person to whom
the Executive Engineer may have delegated this duty in writing 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
Executive Engineer or other competent authority whose decision shall be final
and binding on the Contractor.
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 Executive Engineer
or other competent authority.
5.34 CONTRACTOR NOT ENTITLED TO ANY CLAIM OR COMPENSATION FOR
DELAY IN EXECUTION OF WORK - BORROW PITS
Clause 34 The Contractor shall not be entitled to claim compensation if
there is any delay in the execution of the work on any accountand no claim for
extra rate shall be entertained, unless otherwise exclusively specified.
5.35 METHOD OF PAYMENT
Clause 35
Payment to Contractor will be made by cheques drawn on any
bank with which the Corporation has an account.
5.36 SET OFF AGAINST ANY CLAIM OF CORPORATION
Clause 36
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 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.
5.37 RATES INCLUSIVE OF TAXES
Clause 37
The rates quoted by the tenderer shall be inclusive of Income Tax,
VAT, (Sale Tax), Service Tax, Quarry fees, octroi, duties, royalties, freight
charges, ground rent etc., (prevailing as on 30 days prior to the date of opening
of the 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
paid to the Contractor. Any increase in taxes, duties etc., from those prevalent as
on 30 days prior to opening of the Bid will be borne by the Corporation and any
decrease will be recovered from the Contractor).
5.38 CONTRACTOR TO OBTAIN LABOUR ETC., FROM NEAREST EMPLOYMENT
EXCHANGE
35
Clause 38
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.
5.39 DUES TO BE RECOVERED AS IF THEY WERE ARREARS OF LAND
REVENUE
Clause 39
All money due from Contractor under this Contract may be
recovered by Corporation/Government with or without prejudice to the other
remedies, as if they were arrears of Land Revenue.
5.40 CONTRACTOR TO COMPLY WITH THE PROVISIONS OF APPRENTICE ACT
Clause 40
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 Superintending
Engineer or other competent authority may 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.
5.41 CONTRACTOR TO SUBSCRIBE TO WORKERS AND CONTRACTORS
BENEVOLENT FUND
Clause 41
Deleted
5.42 LUMPSUMS IN TENDER- PAYMENT TO CONTRACTOR
Clause 42
When the Contract includes lump sums in respect of any items of
the work, 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 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 Executive Engineer or other competent authority capable
of measurement, the Executive Engineer or other competent authority may at his
discretion pay the lump sum amount entered in the tender contract and the
certificate in writing of the Executive Engineer or other competent authority 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 and the amount payable should be limited
to the provisions made in the tender and the Executive Engineer in charge should
satisfy himself about the correctness of the statement of expenditure furnished by
the Contractor.
5.43 CONTRACTORS NOT TO QUOTE THE PRICE EXCEEDING CONTROLLED
PRICE FIXED BY GOVERNMENT
Clause 43
5.44
Deleted.
CHANGE IN COST – PRICE ADJUSTMENT
Clause 44
Deleted.
36
5.45FORCE MAJEURE
Clause 45
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, strike and lock out (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 construction work under this Contract shall be resumed as soon as
practicable after such eventualities has come to an end or cease to exist. (Any damages
cause to the construction work on account of the mentioned eventualities shall be to the
Corporation account). Should one or both parties be prevented from fulfilling their contractual
obligations by a state of force-majeure lasting continuously for a period of Three months, 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 Three months referred to above, the Contract shall be deemed to have
expired at the end of the said Three months 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 Days, suitable extension of the contract
period will be considered without any compensation.
5.46 INSURANCE
CLAUSE – 46 The Contractor shall take the following insurance covers for the works
to be executed at site
WORKMEN’S COMPENSATION Insurance: This insurance shall protect the
contractor against all claims applicable under the Workman’s compensation Act 1948
(Government of India ). This policy shall also cover the contractor against claims for
injury, disability, diseases or death of his or his sub-contractor’s employees, which for
any reason are not covered under the Workmen’s Compensation Act 1948. The
liabilities shall not be less than:
Workmen’s compensation
Employee’s Liability
As per statutory provisions
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 Corporation’s 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, disability, disease or death of
members or damage to the 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.
5.47 SUPPLY OF FIRE WOOD TO LABOURERS:
CLAUSE – 47 D E L E T E D
37
SECTION -6
GENERAL CONDITIONS
GENERAL CONDITIONS RELATING TO THE EXECUTION OF WORKS
6.01 GENERAL
The rates quoted in the tender are to be on the basis that the Contractor himself will procure all
machinery and equipment required for the successful execution and completion of the work
within the specified time. The responsibility of procuring any items of equipment required for
the work will entirely be of the Contractor and no further assistance in the matter of securing
foreign exchange etc., can be offered. The Corporation will not provide any foreign exchange
for procurement of any equipment.
6.02 ADVANCE TO CONTRACTORS - DELETED
6.03 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-Charge in writing. The work shall be carried out true to line, level
and grade as specified in approved drawings and specifications or established or indicated by
the Engineer-In-Charge. 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-in-charge. 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-In-Charge.
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-in-charge.
The Contractor shall layout the work from reference, base lines and shall be responsible for the
correctness of all the measurements and levels in connection there with not withstanding the
fact that the same might have been checked by the Corporation staff. Any discrepancy or error
detected during the course of execution land/or at the lend of work shall be set right by the
Contractor at his own cost in a manner satisfactory to the Engineer-In-Charge.
In case of errors, omissions and / or disagreement between written and scaled dimensions on the
drawing or between the drawing & specifications, the Contractor shall make a reference to the
Executive 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 refers them to the Executive Engineer and get an elucidation before starting the work or
the specific part of the work.
6.04 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 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 or Contractors, the relative liability to set right their respective
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discrepancies shall be fixed by the Engineer-In-Charge whose decision shall be final and binding on
the Contractor concerned. The Engineer-In-Charges shall, further have the unquestioned right if
need be, to rectify the discrepancies and recover the cost from the Contractor or Contractors
according to proportion as he may consider reasonable.
6.05 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 indicating briefly his method of working, his plans in tackling the construction
programme vis-à-vis the capacity of equipment he proposes to deploy on the various components.
the various components of the work.
6.06 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-In-Charge and no deviations or changes are
permissible without the written order of the Engineer-In-Charge(not below the rank of the
Executive Engineer).
6.07 SAFETY MEASURES :
The Contractors shall take all necessary precautions for the safety of workers and preserving their
health while working on such jobs as required special protection and precaution. The following are
some of the measures listed, but the same are not exhaustive and the Contractor shall augment these
precautions, on his own initiative where necessary and shall comply with the direction issued by the
Engineer-In-Charge in this behalf from time to time and at all times.
a) Providing protective footwear to workers in situation like mixing and placing of mortar
or concrete, in quarries, in tunnels and places where the work is done under too much
wet conditions.
b) Providing protective headwear to workers like underground excavation to protect them
against rock falls.
c) Providing masks to workers employed on granulators or at other locations where too
much of fine dust is floating about the sprinkling water at frequent intervals by water
hoses on all stone crushing areas and storage bins to abate dust.
d) Getting the workers on such Job periodically for chest trouble due to too much breathing
– in fine dust.
e) Taking such normal precautions like, not allowing nails and metal parts or useless
timber spread around, marking danger areas for blasting, ensuring blasting whistles etc.,
f) Supporting workmen with proper belts, ropes, etc., when working in shafts, precipitous
slope etc.,
g) Avoiding naked wires etc., which would electrocute the workers,
h) Providing good ventilation and lighting.
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SECTION – 7.00
GENERAL SPECIFICATIONS
7.01 GENERAL
All specifications shall conform to the relevant Indian Standard Specifications unless otherwise
specified. For works not covered by the IS specifications and/or the portions thereof and if no
mention be made therein, the written instructions of the Engineer-in-Charge shall be binding on
the Contractor.
The work shall be carried out strictly in accordance with the approved plans and designs and
specifications and as per the instructions of the Engineer-in-Charge and no deviations or
changes are permitted without the written order of the Engineer-in-Charge.
The Contractor shall provide at site a work order book. The pages in the work order book shall
be machines numbered. The Contractor shall be responsible for obtaining all the orders entered
in the order book and he or his authorized agent shall sign the orders issued by the Engineer-inCharge and shall carry out strictly in accordance with these instructions.
7.02 CONTRACTOR’S REPRESENTATIVE AND LABOUR
The address of his office shall be given by the Contractor for sending communications, failing
which all communications will be sent to the Contractor’s address given at the time of
submission of tender and the Corporation shall not be responsible for any delay in receiving
them.
The Contractor or his duly authorized agent 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-in-Charge shall be fixed or constructed by the Contractor with masonry at his cost to
facilitate ready reference.
Before starting the excavation, the Contractor or his authorized agent 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
the work without verifying and accepting the cross section and L-section of the ground it will be
assumed that he has accepted the same taken by the Corporation staff and no complaint or
claims whatsoever in this behalf will be entertained.
The Contractor shall submit daily reports for the following :
The working area will be defined by the Engineer-in-Charge from time to time. The Contractor
shall not employ on the site any person who is undesirable. If in the opinion of the Engineer-inCharge, any person at the site of work, on behalf of the Contractor is considered un-desirable,
the Engineer-in-Charge shall give in writing and the Contractor will be bound by the decision of
Engineer-in-Charge to remove such person or persons from the site of work. The Contractor
shall not be entitled to any compensation due to damage or loss on this account.
7.03
CLEARANCE OF SITE
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
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out the work of site clearance, initial and final cleaning and shall also hold good under all
condition of weather.
All gold, oil 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-in-Charge or any
person duly authorized by his to receive such property.
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., laying the vicinity of completed work and
dispose off as directed by the Engineer-in-Charge. Further, temporary structures for storing
water etc., labour sheds or any other sheds put up 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-inCharge, unless the final clearance of the site is done as mentioned above.
7.04
DRAWING AND PUMPING
All water from the excavation below ground level or from natural surface flows shall be
satisfactory pumped out or drained away by the Contractor as directed by the Engineer-inCharge. The water so bailed out shall be disposed off in a manner as not to obstruct other
works in the adjoining areas.
7.05
COMMUNICATION LINES AND NATURAL WATER COURSES
The Contractor shall not close any communication lines without the permission of the Engineerin-Charge. The Contractor shall also no obstruct any natural lines of drainage without the
approval of the Engineer-in-Charge.
7.06
AMENITIES TO LABOURERS
The Contractor shall provide adequate supply of pure and wholesome water for the use of
labourers.
7.07
SAFETY ENGINEERING
Accident prevention shall be an essential part of the Programme of the Contractor for the
execution of the work in order to reduce the cost of construction measured in terms of
a) Human life sacrificed
b) Loss of materials resulting from accidents
c) Temporary and permanent injuries to workers
d) Loss or damage to equipment
e) The cost of workmen’s compensation insurance
f) Loss of time due to accidents
The safety programme should be developed to cope with the particular hazards for each
operation (Blasting, tunneling, drilling, excavation etc.)
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7.08 SAFETY CODE:
The Safety code detailed herein below may be advantageously followed.
Scaffolding and Ladders
Suitable scaffolding should be provided for workmen for all works that cannot safely be done
from the ground, or from solid construction except such short period work as can be done safely
from ladders. When a ladder is used, suitable footholds and handholds shall be provided on the
ladder and the ladder shall be given an inclination not steeper than 3/4 to 1 (3/4 horizontal and 1
vertical) and an extra mazdoor shall be engaged to hold ladder in position.
Platform, Gangways and Stairways:
Working platform, gangways and stairways should be so constructed that they should not sag
unduly or unequally and if the height of the platform or the gangway or the stairway is more
than 3.5 m above ground level or floor level they should be closely boarded, should have
adequate width and should be suitable fastened.
Safe Access to Working Places:
Safe means of access shall be provided to all working platforms and other working places.
Every ladder shall be securely fixed. No portable single ladder shall be over 9 m in length while
the width between side rails in rung ladder shall be in no case be less than 30 cm for ladder up
to and including 3.5 m in length. For longer ladders this width should be increased at least 6
cm for each additional meter of length. Uniform step spacing shall not exceed 30 cm.
Adequate precautions shall be taken to prevent danger from electrical equipment. No materials
on any other site of work shall be so stacked or placed as to cause danger or inconvenience to
any person or the public. The Contractor shall also provide all necessary fencing and lights, to
protect the public from accident and shall be vound to bear the expenses of defense of every
suit, action or other proceedings at law that may be brought by any person for injury sustained
owing to neglect of the above precautions and to pay any damages and cost which may be
awarded in any such suit, action or proceedings to any such persons or which may with the
consent of Contractor be paid by Corporation to comprise any claim by any such person and
recover the same from Contractor.
7.09 SAFETY EQUIPMENT
All necessary personal safety equipment as considered adequate by the Engineer-in-Charge
should be kept available for the use of the persons employed on the site and maintained in a
condition suitable for immediate use and the Contractor should take adequate steps to ensure
proper use of equipment by the concerned.
7.10
DISPLAY OF SAFETY PROVISIONS:
The safety provisions should be brought to the notice of all concerned by displaying on a notice
board at a prominent place at the work spot. The Contractor shall name the persons responsible
for compliance of the safety code.
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SECTION -8
NOTE TO SCHEDULE – B(Pricebid)
1. Description of items given in Schedule – B / Price bid shall be read along with tender
notification, general conditions of contract, general conditions relating to works, detailed
technical specifications, drawings and all other component parts of the Tender document.
2. The quantities furnished in Schedule – B / Price bid are approximate, Contractor shall quote
firm unit rates. In case of quantities varying or deleted from those furnished in the Schedule
‘B’, Clause – 13 of Conditions of Contract will prevail.
3. The rates quoted in the Schedule – B / Price bid shall be for finished items of works.
4. The quoted rates shall include cost and conveyance of all materials constructional plant,
labour, supervision, fuel, lubricants, electricity, dewatering, desilting, drainage, approaches,
lighting, providing and maintaining communication facilities, all leads and lift etc., No
extra payment for these items shall be made on any account.
5. All items shall be executed as per approved designs and pattern and shall comply with the
specifications and general conditions enclosed with the Tender documents and orders
conveyed by competent authority from time to time during the course of execution.
6. Rates quoted shall include clearance of site both prior to commencement of work and after
its completion.
7. Contractor shall quote his rate for all items in Schedule – B / Price bid. The Corporation
reserves the right to operate any item included in Schedule ’B’ at its discretion. Contractor
shall have no claim whatsoever on grounds of loss anticipated profit, etc., on account of the
same.
8. Rates quoted by the Contractor shall be firm and valid till completion of work even if the
Contract is split or if some items are deleted.
9. The unit rate quoted shall include minor details of construction, which are obviously and
fairly intended and which may not have been referred to in these documents but are
essential for satisfactory completion of the work.
10. The rates quoted shall hold good for works below or above ground level, irrespective of
elevations unless separate rates are called for at different elevation.
11. The Contractor shall make his own arrangements for providing all necessary plant,
materials, machinery and equipment required for the work. The Contractor at his own cost
shall arrange the water supply for works. The work shall be completed as per the approved
construction Schedule.
12. The rates quoted by the Contractor shall remain unaltered for use of any type of cement
such as puzzolana, ordinary Portland, suplhate – resisting etc., directed to be used by the
Engineer-in-Charge.
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13. The lead for sand and rubble is indicated in the lead statement / quarry map. The contractor
should obtain all necessary permits from the Forest Department or Mines and Geology
Department for extracting materials from the quarries. The rate quoted by the Contractor
for the item of work involving usage of coarse and fine aggregate, rubble etc., will remain
unaltered irrespective of the quarries used by the Contractor. The Contractor shall ensure a
continuous supply of aggregates conforming to the specifications. Royalty charges are
included in the estimated rates. The Contractor shall include the prevailing Royalty charges
in the rates quoted by him irrespective of whether he brings the materials from:
a)
b)
c)
d)
KPCL owned quarries.
Quarries leased to KPCL by Government, or
The quarry owned by the Contractor
Other sources including the dump yard
and it is the responsibility of the contractor to pay the royalty charges to Government. The
Contractor has to produce proof for having paid royalty to Government for that particular work.
If the proof is not produced by the Contractor, the royalty charges at the prevailing rates shall be
deducted from his bills and remitted to the Government by KPCL.
14. The Contractor should make his own arrangements for the Power required for the work in
consultation and permission of Karnataka Power Transmission Corporation Limited.
15. Abbreviations used for the unit of various items are as stated below:
Abbreviation
Unit
Tonnes
(1000 Kg)
Kilogram
Metre
Centimetre
Milimetre
Abbreviation
Unit
Nos
Numbers
mt
dia
deg
MS
Square metre
RCC
cum
Cubic metre
CI
di
Ductile Iron
GRP
Running metre
Diameter
Degree
Mild Steel
Reinforced Cement
Concrete
Cast Iron
Glass fiber
Reinforced Plastic
MT
kg
m
cm
mm
sqm
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SECTION- 9
ROYALTY CHRAGES
45
46
SECTION - 10
SERVICE TAX DECLARATION BY THE AGENCY EXCUTING NEW WORKS
CONTRACTS AWARDED ON OR AFTER 1.7.2012
Tender No: KPCL/SVP/CSE(M)/2016-17/ETND-41
Date:11.11.2016
Name of work:- Providing Galvalium sheets to vehicle parking shed and service
station at garage complex, SVP colony, Jog
TO:
The Executive Engineer(Civil Maintenance)KPC Ltd., Jogfalls-577435
FROM:
Sri.________________________________
________________________________
________________________________
1) We are constituted a:
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 service 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 2014-15
is not expected to exceed `10 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”
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 tilling, installation of electrical fittings of an
immovable property, we are paying service tax on 60% of the total value charged for the
works contract.
5. We declare that the foregoing details disclosed by us and options chosen by us are true and
correct.
Place:
Date:
Signature____________________________
Name of signatory____________________
Name of the contractor firm _____________
Note: Strike out whichever provision is inapplicable to you
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Original works means(a) all new construction,(b) all types of additions and alternation 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.
48