Cleaning of Dustbins 2013-14

7/29/2019 Cleaning of Dustbins 2013-14

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KARNATAKA POWER CORPORATION LIMITEDKALI HYDROELECTRIC PROJECT STAGE - II

Office of theExecutive Engineer (C)Roads & Building division,Kadra - 581396Fax No: 08382 - 256590Tel No: 08382- 256333

No.KPCL/2012-13/OW/WORK_INDENT1447 Date:

NOTICE INVITING TENDERONE COVER SYSTEM

(THROUGH e-PROCUREMENT PORTAL ONLY)

1. Item rate tenders are invited through GoK e-procurement platformwebsite www.eproc.karnataka.gov.in from eligible class of contractors /Agencies registered with KPCL and having adequate financial resources,suitable construction equipments and manpower with sufficient pastexperience in executing the following work at of KHEP stage-II Kadra,

District N.K, Karnataka state.

2. Calendar of events:

Last date for receipt of tenders : To View in e-procurement portal

www.eproc.karnataka.gov.inDate of opening of bid

Name of work

Approximate valueof work

(` inLakhs)

EMD @2.50%

(`)

Tenderprocessing fees

(Nonrefundab

le)

Contractperiod forcompletion of work

Class ofContract

or

Cleaning of dustbins, inspectionchambers, Manholes andmaintenance ofUGD lines at colonyfor the period fromApril 2013 to March2014

9.17 22,930.00As per e-Procurement portal of

GoK

12(Twelve)months

Includingmonsoon.

Class IIIand

above
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3. Instruction regarding e-procurement:

i. The bid is to be submitted through the GoK e-Procurement platformwww.eproc.karnataka.gov.in only.

ii. Bidders, who have not registered in the GoK e-Procurement portal,may do so by registering through web sitewww.eproc.karnataka.gov.in.

The bidder can access tender documents on web site. The blanktender documents can be accessed through the e-procurement portalweb site www.eproc.karnataka.gov.inand for assistance may contactHP Help desk Telephone Nos. 080-22485867 / 22485927. Filledtenders along with EMD must be electronically submitted on linethrough internet within the date and time published in e-Procurementportal. The tender will be opened at prescribed time and date in

presence of the bidders who wish to attend at the Office of theExecutive Engineer (Civil), Roads and Buildings Division, Kadra-581396, Uttar Kannada Dist, Karnataka (State).

iii. After login to bidders, please scroll down to the right side bottom tosee list of tenders. Please click to find the details of NIT and download copy of the tender. The tender can be down loaded in the portalas per prescribed date and time published in the portal. Onlyinterested Bidders who wish to participate should remit on linetransaction fee for tender after registering in the portal. Thetransaction fee is not refundable.

iv. Other details can be seen in the tender documents.

4. Sub-letting of the work is not allowed.

5. BID VALIDITY: The validity of the bid shall be 180 days from thedate of opening of bid

6. Earnest Money Deposit: Tender must be accomplished by Earnest Money Deposit of

`22,930.00 which should be paid online through e-Procurement portalusing any of the following payment modes.

a) Credit card,

b) Direct debit,

c) National Electronic Fund Transfer (NEFT),

d) Over the Counter (OTC) (only through designated branches ofAxis Bank)

i) The prospective bidder should not coerce any other bidders to derail thehealthy and competitive bidding process. Such acts entail for disqualificationfrom participating in the tender process. The prospective bidder shall not resort

to anti - competitive practices like price rigging, cartelization, ring formation oradopt unfair practices both Civil and Criminal aimed at preventing otherbidders from quoting for the tender. Any acts that inhibits competition or anyact that will be detrimental to the interest of Karnataka Power Corporation Ltd,

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if the bidder is found to have resorted to such practice as specified above, heand others who act in concert with him shall be debarred from quoting for thistender and for future tenders for a further period ofthree years.

ii) KPCL reserves the right to verify any information/document furnished bythe bidder should the circumstances so warrant in the overall interest of theCorporation. In case the information or the documents furnished are found to

be incorrect or invalid, then tenders of such bidders will be cancelled and theEMD furnished by such bidders will be forfeited.

iii) KPCL reserve the right to accept or reject all the bids without assigningany reasons thereof.

7. Eligibility criteria:

i) Any reputed individual/company registered as Class III and abovecontractor is eligible to apply and certificate issued by KPCL in this regardshall be furnished.

ii) No joint venture/Consortium is permissible.

iii)Bidders shall not be under declaration of ineligibility for corrupt andfraudulent practices issued by the Government of Karnataka.

iv) None of the contracts of the bidder should have beenterminated/foreclosed/EMD forfeited on account of his default in KPCL orelsewhere during last three years.

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

a. KPCL registration certificateb. Income tax PAN.

c.WCT/ VAT registration and composition certificated. Independent PF code.e. Service Tax registration certificatef. Labour registration certificateg. VAT clearance certificate

FINANCIAL BID

i) Tender Schedule B (Price Bid).

ii) The bidder shall sign and enclose the scanned copy of the details of

service tax component duly filled as per the format enclosed to the pricebid.

iii)The bidder shall sign and enclose the scanned copy of all the

declarations enclosed with this bid document

[The bidders should upload scanned copies of above documents]

Financial Bid of those bidders who have furnished all details/documentsmentioned will only be opened.

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8. GENERAL CONDITIONS:

1. The tenderer is required to ensure browser compatibility of the computer

well in advance to the last date and time for receipt of tenders. The

departments shall not be responsible for non-accessibility of e-

Procurement portal due to internet connectivity issues and technicalglitches.

2. EMD Payments through e-Payment mode shall be made as one single

transaction and payments made in part are liable for rejection

3. Any reputed individual/Company registered as Class-III & above

Contractor with KPCL is eligible to apply.

4. No joint venture/Consortium are permissible

5. Tenderers shall not be under declaration of ineligibility for corrupt andfraudulent practices issued by the Government of Karnataka.

6. None of the contracts of the tenderer should have been

terminated/foreclosed on account of his default in KPCL or elsewhere

during last ten years

7. The bidder should have following documents

KPCL registration certificateb. Income tax PAN.

c.WCT/ VAT registration and composition certificated. Independent PF code.e. Service Tax registration certificatef. Labour registration certificateg. VAT clearance certificate.

8. The Bidder should upload scanned copies of the above documents along

with the declarations duly signed

9. The original documents should be produced for verification at any stage

of tender process as and when sought for, failing which, the bids are

liable for disqualification.

10. The Bidder shall ensure credit of Tender Processing Fee and EMD into the

respective receiving bank accounts of e-Procurement on or before the

last date of bid submission.

11. Rates shall be quoted in Tender Schedule B in the web site itself.

12. The tender shall be valid for 180 days from the date of opening of bid.

13. KPCL reserves the right to verify any information/documents furnished by

the tenderer should the circumstances so warrant. In case theinformation or the documents furnished are found to be incorrect/false or

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invalid then the EMD furnished by such tenderer shall be forfeited. The

registration of such tenderer shall also be cancelled.

14. The successful bidder shall give an undertaking that they would abide by

the provisions of the Employees Provident Fund Act.

15. The contractor shall obtain insurance coverage for all the workersworking in this area.

16. Conditional tenders, incomplete tenders without EMD, tenders not

properly uploaded and late submission of tenders shall be rejected.

17. The contractor shall quote his rates Inclusive of Royalty, all other

applicable taxes, levies, duties and cess, Building Workers Welfare Cess

etc., as per the latest GoK and GoI prevailing as on the date of NIT.

18. The contractor shall quote his rates inclusive of PF as per the applicable

rates as issued by the PF Department from time to time and if anyvariations occur, it shall be paid/refunded by / to the Corporation against

the documentary evidence

19. The Contractors shall register themselves with the Central Excise

Department and produce Service Tax Registration Number. while

submitting application for tenders. The following should be noted before

quoting the rates.

a. The quoted rates should be inclusive of Service Tax and other

applicable taxes.b. The tenderer should give an under taking regarding the same in

proforma enclosed to the Tender document and the same shall be

uploaded.

20. Contractor should have independents PF code. The contractor shall remit

PF of labours to contractors permanent PF code number only and not to

the KPCL PF sub-code.

21. The Corporation is not responsible for any delay in accessing e-

procurement portal

22. In case the dates notified above are declared as holiday, the immediate

next working day shall be reckoned.

23. If the contractor makes any alterations in the conditions of the contracts

or puts any condition of his own, such tenders are liable for rejections

24. Any other information required may be obtained from the office of the

undersigned during office hours.

25. Further details of the work can be obtained in the Office of the Executive

Engineer(Civil), Roads and Buildings Division, Kadra- 583 1396, UttarKannada Dist, Karnataka (State).

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26. The tender notification along with Blank Tender Form will be accessible in

the e-procurement website (www.eproc.karnataka.gov.in)

27. Aspiring bidders/contractors who have not obtained the user ID and

Password for participating in e-procurement in Karnataka Power

Corporation Limited may now obtain the same from the website

(www.eproc.karnataka.gov.in)

28. Corrigendum/modification/Corrections, if any will be published in the

website only.

29. Right to reject any or all the tenders without assigning any reasons rests

with the accepting authority.

30. The tender is of one cover system.

31. The bidder should maintain register of labour deployed and wages (as

per Govt. orders) paid for the workers and shall produce the documentswhenever called for by the competent authority and remittance towards

PF.

32. For payment of service tax, This work is considered in Sl no. 4(d)

of the Service Tax Declaration statement enclosed to the tender

document.

9. Further details of the work or any clarifications can be obtained from the

Office of the Executive Engineer (Civil), Roads and Buildings Division,Kadra- 581396, Uttar Kannada Dist, Karnataka (State).

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

web site only.

For Karnataka Power Corporation Limited,

EXECUTIVE ENGINEER (C) Roads and Buildings division

KPCL-KHEP-II, Kadra -581396

DECLARATION - I

(Declaration to be given by the Bidder at the time of submission of the

completed BID)

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Name of Work: Cleaning of dust bins, inspection chambers, Man holes andmaintenance of UGD lines at colony for the period from April 2013to March 2014

I/We have studied the site conditions, labour conditions and read the BID

documents and related matters carefully and diligently also I/We have

submitted the BID having studied, understood and accepted the fullimplications of the Bid documents.

The requirements of the BID documents as stated above will be fulfilled by

me/us to the satisfaction of the ENGINEER.

I/We hereby declare that the Bid submitted by me/us have no conditions

contravening the commercial conditions of this Bid.

BIDDER

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DECLARATION II(Declaration to be given by the Bidder at the time of submission of the

completed BID)

Name of Work: Cleaning of dust bins, inspection chambers, Man holes and

maintenance of UGD lines at colony for the period from April2013 to March 2014

I/We agree that if I/We fail to execute the agreement or to commence the

work, an amount equal to the amount of Earnest Money shall be absolutely

forfeited to the CORPORATION or out of any other money due to me / us from

any other work in CORPORATION / State Government / Central Government / or

otherwise.

I/We hereby distinctly and expressly declare and acknowledge that before

the submission of this Bid, that I / We have carefully followed the instructions,

read the relevant Indian Standard Specifications and I/We have madeexamination of the Bid document and drawings, specifications, quantities and

of the locations where such work is to be done and have made myself/

ourselves aware of the scope and specifications of the work to be done and

availability of the quantities of materials required.

I/We distinctly agree that I/We would hereafter make no claim or demand

upon the CORPORATION based upon or arising out of any alleged

misunderstanding or misconceptions or mistake on my / our part of the said

covenants, agreements, stipulations, restrictions and conditions.

Any notice required to be served on me / us shall be considered to have

been served on me/us if delivered to me/us personally or forwarded to me/us

by post (Registered or ordinary) or by e-mail or left at my/our address given in

the Bid documents.

I/We fully understand the terms and conditions of the contract to be

entered into between me/us and the CORPORATION and the written CONTRACT

shall be the foundation of the rights of both the Parties.

Dated the day of .2013.

Witness Bidder

Signature Signature

Name & Address :Occupation :

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DECLARATION III(Declaration to be given by the Bidder at the time of submission of the

completed BID)

SERVICE TAX DECLARATIONName of Work: Cleaning of dust bins, inspection chambers, Man holes and maintenance of

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

1. We are constituted as:-

a) Proprietary concern.

b) Hindu Undivided Family

c) Partnership firmd) Private / Public Limited Company

e) Co-operative Society /Society

2. The Prices quoted are inclusive of service tax payable by us. The obligation to paythe said tax lies with us.

ORThe Services provided or to be provided by us are not liable to service tax, (Give

reasons for non-taxability. Separate sheet may be added).3. We are not liable to pay service tax as the total value of taxable service for the year

2013-14 is not expected to exceed ` 10.00 Lakhs.OR

We are registered as a Service Tax Assessee. Our Service Tax registration numberis..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 theactual 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 originalworks 1

c. For maintenance, repair, restoration, recondition etc., of goods, we are payingservice tax on 70% of the total value charged for the works contract.

d. For maintenance and repair not covered by 4(C) above and finishing services

such as glazing, plastering, floor and wall tiling, installation of electrical fittings ofan immovable property, we are paying service tax on 60% of the total valuecharges for the works contract.

We declare that the foregoing details disclosed by us and options chosen by us aretrue and correct.

Place: Signature .

Name of signatory..Date:

Name of the contractor firm:

Note: Strike out whichever provision is inapplicable to you.

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

DECLARATION IV(Declaration to be given by the Bidder at the time of submission of the

completed BID)

DECLARATION REGARDING PROVIDENT FUND

Tender No. Date:

To:Executive Engineer (Civil)Roads and Buildings DivisionKarnataka Power Corporation LimitedKADRA-581396(Address of Unit)

From:(Bidders name and address)

Name of Work: Cleaning of dust bins, inspection chambers, Man holes andmaintenance of UGD lines at colony for the period from April

2013 to March 2014

I hereby undertake to comply with all the requirement under EPF and MPAct 1952 and cover all the workmen to be engaged for the work entrusted bythe corporation under the PF Act and make necessary remittance towardscontributions as per the procedure in vogue in the corporation, I also agree tofurnish the declaration about the number of employees, details ofworkers/employees such as name, designation, age and pay etc., while takingup the work for execution. Further priority should be given by me to engagethe displaced persons from submersion area of KPCL in labour force. In casethe work is awarded then PF remittance will be made to my own independentcode number.

Dated: Signature of Tenderer

Place: Name & Designation:

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Company Seal:

DECLARATION V(Declaration to be given by the Bidder at the time of submission of the

completed BID)

DECLARATION REGARDING PROVIDENT FUND

Tender No. Date:

To:Executive Engineer (Civil)Roads and Buildings DivisionKarnataka Power Corporation LimitedKADRA-581396(Address of Unit)

From:(Bidders name and address)

Name of Work: Cleaning of dust bins, inspection chambers, Man holes and

maintenance of UGD lines at colony for the period from April

2013 to March 2014

I/we hear by declare that,none of my contracts have been terminated /foreclosed on account of my default in KPCL or elsewhere during last Tenyears.

Also I/we declare that, I/we am/are not under declaration of ineligibilityfor corrupt and fraudulent practices issued by Government of Karnataka.

Dated: Signature of Tenderer

Place: Name & Designation:

Company Seal:

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NOTES:

1) The currency period of the Bid shall be 180 Days from the date of openingof bid. If delay in deciding the TENDER is inevitable, the consent of the

Bidder agreeing to keep open his offer for a minimum further period should

be obtained in advance. The minimum further period for which the Bidder

is required to keep his offer open should invariably be specified before his

consent is obtained.

2) EMD shall be valid for a period of 90 days from the date of opening of bid.The validity of EMD shall also be extended in case the validity of Bid is

extended and the validity of EMD shall be 30 days beyond the Bid validity.

The price bid of bidder whose EMD is not in the required format or found

defective on any other consideration, the bid will not be considered.

3) Bidder shall sign the all the declaration format enclosed with theTENDER document and scanned copy of the same shall be furnished

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SECTION 1I. INSTRUCTIONS TO BIDDER

1.0 GENERAL

1.0.1 The Bidder shall carefully study and understand all the Bid specifications,technical, commercial and general conditions and fill-up all theproforma enclosed to the bid documents before submitting the Bid.

1.0.2 The Bid documents are issued in one cover system contains Financial Bidcontains Price Schedule - Bill of quantities and Notes, conditions ofcontract, bid document, drawings

1.0.3 Modifications, if any, to any of the clauses/specifications of the Biddocuments which may become necessary as a result of the querieswill be done by the Corporation with a corrigendum before submissionof the Bid documents.

1.0.4 Please visit e procurement portal www.eproc.karnataka.gov.in for thedate and time of opening of bid.

1.0.5 Final acceptance rests with the Corporation, which reserves the right toaccept any or reject any or all Bids without assigning any reasonsthereof.

1.0.6 This Bid document is intended as a general description of qualityenvisaged for material, workmanship and of the finished work. It isnot intended to cover minute details. The work shall be executed inaccordance with best modern practice and shall be to the completesatisfaction of the Corporation. Special techniques approved by theEngineer shall be used if and where found necessary. The informationgiven in this specification is in good faith and meant to serve as a

guide to the BIDDER. It is therefore, imperative that BIDDER shallobtain and examine himself all the data, information and particularsrequired for the satisfactory execution of the work under this enquiry.

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The submission of a BID by a BIDDER implies that he has fully readthe specifications, bid drawings, conditions of contract and has madehimself aware of the scope and the specifications for the work to beperformed and local conditions and other features which have abearing on the cost and execution of the work. The OWNER shall not,therefore after acceptance of the bid, pay any extra charges for anyreasons whatsoever.

1.1 TIME OF COMPLETION AND WORK SCHEDULE

1.1.1 Time is the essence of this Contract. The Bidder whose Bid is acceptedby the Corporation shall discuss and obtain the approval of theEngineer for detailed construction schedule in the form of PERT / Barchart within Ten days of the Letter of award. Construction schedule soapproved shall become part of the agreement.

1.1.2 The whole work must be proceeded within such sections and at suchtimes and in such order and manner as described in these

specifications and as directed by the Engineer. No extra payment orrelaxation in the rates will be permitted on account of this.

1.1.3 In case the contractor fails to achieve the targeted progress as stipulateddue to non-procurement / arrangement of materials likeequipments/machineries, plants etc., for road works and skilled / un-skilled labourers as per agreed schedule, KPCL reserves the right toarrange for the above at the risk and cost of the contractor.

1.2 INSPECTION OF SITE BY BIDDER

BIDDER shall inspect the site, examine and obtain all information

required and satisfy himself, regarding matters and things such asaccess to site, communication, transport, right of way, the type andnumber of equipment and facilities required for the satisfactorycompletion of work within specified times, the availability of locallabour, availability and rates of materials, local working conditions,uncertainties of weather, obstructions and hindrances that may arise,etc., which may affect the work or cost thereof, before submission ofhis bid. Ignorance of site conditions shall not be accepted by theCORPORATION as basis for any claims. The submission of bid by thebidder will be construed as evidence that such an examination wasmade and any later claims/disputes in regard to rates quoted shall

not be entertained or considered by the CORPORATION.

The rates quoted by the Bidder shall be based on his own knowledgeand judgement of the conditions and hazards involved and shall notbe based on any information furnished by the CORPORATION.

The Bidder has to take into account while quoting his rates, thesafety precautions to be taken in the working area.

BIDDER shall study the sub-soil conditions carefully and he shallresort to de-silting, dewatering, if necessary, at his own cost, bypumping and maintain reasonably dry for excavation for structures

and for concreting/road works in foundations such that the progressof construction work is not hindered.

1.3 PRICES AND RATES

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1.3.1 The rates quoted shall be firm and include cost of all materials finished orotherwise including all taxes, duties, Octroi, Service tax / sales tax /WCT / VAT and any other levies payable on all transactions, all leadsand lifts, etc., overheads/profits of Contractor for due performance ofthe work under this contract. The rates shall also include cost formobilization / demobilisation of equipment during the course of thecontract and till issuance of completion certificate by the Engineer.

1.3.2 The rates quoted by the Bidder shall be inclusive of sales tax onturnover, work contract tax, quarry fees, octroi, WCT/VAT, duties,cess, royalties, freight charges, ground rent etc., applicable as onthe date of submission of Bids. No extra payment on this accountshall be made to the Bidder. Any variation in taxes, duties, royaltiesetc., upward/downward shall be paid / recovered.

1.3.3 The rates quoted shall be deemed to include everything necessary tocomplete the work satisfactorily as determined by the Engineer. TheCorporation shall not supply any material required for the work. The

prices and rates indicated shall remain unaltered for the use of anytype of materials. Any impediments if any during execution shallovercome by the Contractor at no extra cost to the Corporation. Thecorporation will not make any additional payments/compensationtowards these activities.

1.3.4 The rates quoted shall be firm for the entire duration of the completionperiod as specified in Section-1A Sl.No.13 and subjected toprovisions ofSection-3Clause-13 (a) (iii).

1.4 RULES AND DIRECTIONS FOR THE GUIDANCE OF BIDDER

1.4.1 Every BIDDER who intends to BID for the work advertised by the KPCLshall ordinarily be a REGISTERED CONTRACTOR of the required classas per rules of REGISTRATION OF CONTRACTORS of KARNATAKAPOWER CORPORATION LIMITED.

1.4.2 Authorised copies of the specifications, Bid drawings and schedule ofrates and any relevant documents required in connection with thework will be open for inspection to BIDDER at concerned officesduring office hours.

1.4.3 The Bid documents will be available in web site in ONE volume.Containing Bid notification, declaration, Conditions of Contract &

Technical specifications etc., Bid drawings for tendering purpose.Price Schedule Bill of quantities and Notes.

1.4.4 The bid drawings are intended to give the Bidder a general idea of thework involved and as such, they are indicative and for Bid purposeonly. Construction shall proceed only on the drawings released forconstruction by the OWNER/ENGINEER. No claim from the Biddershall be entertained by the Corporation for the Released forConstruction drawings being at a variance to any extent from thoseissued for Bid purpose.

1.4.5 In the event of the BID being submitted by a FIRM, it must be signedseparately by each PARTNER thereof or in the event of the absence ofany PARTNER, it shall be signed on his behalf by a person holding apower of attorney authorising him to do so. Such power of attorney

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should be scanned and uploaded with the BID and it must disclosethat the firm is duly registered under the INDIAN PARTNERSHIP ACT.

1.4.6 Receipts for payments made on account of work when executed by aFIRM, shall also be signed by all the PARTNERS, except where theBIDDERS are described in their BID as a FIRM, in which case thereceipts shall be signed in the name of the FIRM by one of the

PARTNERS, or by some other person, having authority to giveeffectual receipts for the firm.

1.4.7 Any person who submits a BID shall fill Price Schedule- Bill of Quantitiesstating at what rate for each item specified in the Price Schedule- Billof Quantities (Memorandum showing items of work to be carried out)he is willing to undertake the work. Only one rate for each item ofwork shall be quoted. Tenders which propose any alteration in theworks specified in the BID or in the time allowed for carrying out thework, or which contains any other conditions, unless permitted by theCORPORATION will be liable for rejection.

1.4.8 The Officers calling for the Bid shall open the Bids.

1.4.9 i. If the rate(s) quoted be the Contractor for any item(s) of work is (are)below 75% or above 125% of the rates provided in the estimate asrecast on the basis of schedule of rates of the year of submission oftender for the work. Such tender is liable to be rejected at thediscretion of the accepting authority depending upon the type ofitem(s) for which such rates are quoted. However, such a tender canbe considered for acceptance at the discretion of the acceptingauthority, with an additional security in the form of FDR/TDRacceptable to the corporation for an amount of 5% of the tendered

amount or such smaller sums as may be decided by the acceptingauthority and provided further that this security shall be furnishedbefore entering into agreement.

ii. The Officer competent to dispose of the BID shall have the right ofrejecting all or any of the Bids.

1.4.10 The rates Tendered and accepted holds good until the fulfilment of theContract except as provided in Section 3 Clause 13.

1.4.11 The Measurements of Work will be taken according to the standardmethods in use in the Public Works Department/CORPORATION.

1.4.12 The Successful Bidder shall furnish two certified copies ofAGREEMENT DOCUMENTS and all further drawings which may beissued during the progress of the work. He shall keep one set of thesecopies at site in good order.

1.4.13 The BID of any BIDDER who does not accept the conditions containedin the BID documents unless otherwise permitted by CORPORATION isliable for rejection.

1.4.14 Each BIDDER should give clearly in his BID, his place of Residenceand Postal address. The delivery at the above named place or postingin the Post Box regularly maintained by the Post Office or sending byletter registered for acknowledgement or other communication shallbe deemed sufficient service thereof.

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1.4.15 The Earnest Money of the unsuccessful Bidders furnished will normallyreturned within six months after the receipt of the bid or one monthafter the acceptance of Bid whichever is earlier. The Earnest Moneydeposit shall not bear any interest.

1.4.16 The SUCCESSFUL BIDDER shall attend the specified Office of theKPCL, on or before the date fixed by written intimation to him for

executing Agreement etc. Failure on the part of the SUCCESSFULBIDDER to execute the CONTRACT AGREEMENT as specified hereinabove would entail forfeiture of EMD. Failure of the SUCCESSFULBIDDER to execute the contract agreement will entail removal of hisname from the list of registered Contractors.

1.4.17 The BIDDER is not permitted to withdraw his BID or to make anymodifications in the terms and conditions of his bid before expiry ofthe BID validity period of180 (One hundred and Eighty) days.

1.4.18 Income tax and surcharge if any, at the prevailing rates, at the time

of making payment will be recovered from each bill as per theprovisions of Income tax Act.

1.4.19 In case of conflict regarding interpretation of the intent or meaning ofthe specification or drawing, the Engineer shall interpret such anintent or meaning which will be final and binding on the Contractor.

1.4.20 During evaluation, factors governing e-Procurement procedure shall holdgood.

1.4.21 Not-withstanding what has been mentioned in other conditions in thisbooklet, the following procedure shall be followed with regard todeduction of royalty charges from the contractors bills.

1.4.22 The Contractor shall include the prevailing royalty charges in therates quoted by him irrespective of whether he bring the materialsfrom i) KPCL owned quarry, ii) quarries leased to KPCL by Governmentiii) the quarry owned by the contractor, iv) other sources includingdump yard and it shall be his responsibility to pay royalty toGovernment. He has to produce proof having paid royalty toGovernment for that particular work. If proof is not produced by thecontractor royalty at the prevailing rates shall be deducted from hisbills and remitted to the Government by KPCL

1.4.23 The successful bidder should submit the programme of works afterreceipt of the acceptance letter to complete the work in all respectwithin the contract period.

1.4.24 Every Bidder who intends to Bid shall be a registered Contractor ofthe required class as per rules of Registration of Contractors of theCORPORATION.

1.4.25 In the event of the Bid being submitted by a Firm, each Partnerthereof must sign it separately or in the event of the absence of anypartner a person holding a power of attorney shall sign it on hisbehalf authorising him to do so. A certified copy of the power of

attorney should be produced with the Bid.1.4.26 Receipts for payments made on account of work when executed by a

Firm, shall also be signed by all the Partners, except where the

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Contractors are described in their Bid as a Firm, in which case thereceipts shall be signed in the name of the Firm by one of thePartners, or by some other person, having authority to give effectualreceipts for the firm.

1.4.27 The Bidder shall fill up details in Schedule-B specifying the rate foreach item of work. Only one rate for each item of work shall be

quoted. Bids, which propose any alteration in the works, specified inthe BID or in the time allowed for carrying out the work, or whichcontains any other conditions will be rejected.

1.4.28 The Engineer shall have the right of rejecting all or any of the Bidswithout assigning any reasons and will not be bound to accept theLowest Bid.

1.4.29 Special conditions:

Labours:

Contractors should follow strictly prevailing rules of labour act andother acts related to labours.

The Contractor shall, unless otherwise provided in the Contract,make his own arrangements for the engagement of all staff and

labour, local or other, and for their payment, housing, feeding andtransport.

The Contractor shall, if required by the Corporation, deliver to theCorporation a return in detail, in such form and at such intervals asthe Corporation may prescribe, showing the staff and the numbers ofthe several classes of labour from time to time employed by theContractor on the Site and such other information as the Corporationmay require

During continuance of the contract, the Contractor and his sub-

contractors shall abide at all times by all existing labour enactmentsand rules made there under, regulations, notifications and bye lawsof the State or Central Government or local authority and any otherlabour law (including rules), regulations, bye laws that may bepassed or notification that may be issued under any labour law infuture either by the State or the Central Government or the localauthority.

The Contractor shall keep the Corporation indemnified in case anyaction is taken against the Corporation by the competent authorityon account of contravention of any of the provisions of any Act orrules made there under, regulations or notifications includingamendments. If the Corporation is caused to pay or reimburse, suchamounts as may be necessary to cause or observe, or for non-

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observance of the provisions stipulated in the notifications/byelaws/Acts/Rules/regulations including amendments, if any, on thepart of the Contractor, Corporation shall have the right to deduct anymoney due to the Contractor including his amount of securitydeposit. The Corporation shall also have right to recover from theContractor any sum required or estimated to be required for makinggood the loss or damage suffered by the Corporation.

The employees of the Contractor in no case shall be treated asthe employees of the Corporation at any point of time.

Termination:

The Corporation may terminate the Contract if the contractor causesa fundamental breach of the Contract.

Fundamental breaches of Contract include, but shall not be limited tothe following:

The Contractor stops work for 45 days when no stoppage ofwork is shown on the current Program and the stoppage has notbeen authorized by the Corporation;

The Corporation gives Notice that failure to correct a particularDefect is a fundamental breach of Contract and the Contractorfails to correct it within a reasonable period of time determinedby the Corporation;

The Contractor does not maintain a security which is required

When either party to the Contract gives notice of a breach ofcontract to the Corporation for a cause other than those above, theCorporation shall decide whether the breach is fundamental or not.

Notwithstanding the above, the Corporation may terminatethe Contract for convenience.

If the Contract is terminated the Contractor shall stop workimmediately, make the Site safe and secure and leave the Site assoon as reasonably possible

EMD may be forfeited,

If the tenderer withdraws the tender after the tender opening during theperiod of tender validity.

Safety:The contractor shall be responsible for the safety of all activities

on the site.

Instructions:The contractor shall carry out all instructions of the corporation

which comply with applicable laws.

Protection of Environment:The contractor shall take all reasonable steps to protect the

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

1.4.30 Measurement of Work executed will be taken according to the standardmethods in use in the Public works Department / CORPORATION.

1.4.31 The Contractor shall be furnished with one copy of Contract documentsand all further drawings, which may be issued during the progress ofthe work duly signed and dated by the Engineer. He shall keep oneset of these copies at site in good order. The same should, at allreasonable times, be available for the inspection and use by the

Engineer/his representative or any inspecting Officer.1.4.32 Any Bid that does not accept the conditions contained in the Bid

documents, unless otherwise permitted by CORPORATION, will berejected.

1.4.33 The Bidder shall give clearly in his Bid, his place of Residence andPostal address. The delivery at the above named place or posting inthe Post Box regularly maintained by the Post Office or sending byregistered post acknowledgement due or other communication shallbe deemed sufficient service thereof.

1.4.34 The Bidder is not permitted to withdraw his Bid or to make anymodifications in the terms and conditions of his Bid before expiry ofthe Bid validity period of 180 days.

1.4.35 Income tax, Surcharge on Income tax, Building and Constructionworkers cess and other statutory levies as applicable will berecovered from each bill.

1.4.36 The information given in this specification is in good faith and meantto serve as a guide to the Bidder. It is therefore, imperative that theBidder shall obtain and examine for himself all data, information andparticulars required for the satisfactory execution of the work under

this enquiry. The submission of a Bid by the Bidder implies that hehas fully read the specifications, drawings, and conditions of Contractand has made himself aware of the scope and the specifications forthe work to be performed and local conditions and other features,

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which have a bearing on the cost and execution of the work. TheCORPORATION shall not, therefore, after acceptance of the Bid beliable to pay any extra charges for any reasons whatsoever.

1.4.37 The Bidder should read the general notes to Schedule B beforequoting rates against various items.

1.4.38 The Bidder shall abide fully with the conditions of the Bid and thecontract relating to execution of works herein described.

1.4.39 The EMD of the rejected tenderers shall normally be returned within 6(six) months after the receipt of tender or a week after theacceptance of tender whichever is earlier.

1.5 VALIDITY OF THE BID

1.5.1 All Bids shall be valid for acceptance for a period of180 days from thedate of opening of Bids during which period no change in prices andrates will be allowed. If any Bidder withdraws his Bid before the said

period or makes any modification in the terms and conditions of theBid, the CORPORATION shall without prejudice to any other right orremedy, be at liberty to reject the Bid and forfeit the EMD submittedalong with the Bid.

1.6 BID DRAWINGS

1.6.1 Bid drawings included in the Bid documents are intended to give theBidder a general idea of the work involved and as such, they areindicative and for Bid purposes only. Construction shall proceed onlyas per the drawings released for construction by the CORPORATION.

No claim from the Contractor shall be entertained by theCORPORATION for Released for Construction' drawings being atvariance to any extent from those issued for Bid purpose.

1.6.2 No alteration or mutilation, other than filling particulars wherever calledfor, shall be made in the Bid documents. Any changes/modificationmade by the Bidder on the Bid documents itself shall not be takeninto consideration.

1.6.3 In case of conflict regarding interpretation of the intent or meaning of thespecification or drawing, the Engineer shall interpret such intent ormeaning, which will be final and binding on the Contractor.

1.7 SUBMISSION OF BIDS

1.7.1 Rate shall be quoted in Tender Schedule-B in the website.

1.7.2 All successful tenderer should give an undertaking that he would abideby the provisions of the Employees Provident Fund Act.

1.7.3 The measurements of the work will be taken according to the standardmethod in use Public Works Department/Corporation.

1.7.4 Royalty charges will be recovered from the every bill as per theprevailing rates of GoK from time to time.

1.7.5 The Contractor shall include the prevailing royalty charges in the ratesquoted by him irrespective of whether he bring the materials from (i)KPCL owned quarry, (ii) quarries leased to KPCL by Government or (iii)

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the quarry owned by the contractor, (iv) other sources includingdump yard and it shall be his responsibility to pay royalty toGovernment

1.7.6The rates quoted by the contractor within schedule shall hold good till thefulfillment of the contract without reference to the market rates orvariation on labour rates or other cause. The escalation clause for

materials, labour and DPOL will not apply.1.7.7 The successful contractor has to make his own arrangements to procure

all materials like Cement, Steel, Pipes, Explosives, Bitumen and otherspecials, if any required for the work and to be got certified about thequality as per specification (ISI or other Standard specification). KPCLcan check the certification so submitted.

1.7.8 No Bank Guarantee shall be accepted towards EMD.

II. SPECIAL ATTENTION

1. The Bidder shall carefully study and understand all the tenderspecifications, technical, commercial and general conditions beforesubmitting the Bid.

2. The Bidder or his authorized representative shall visit the site and getconversant with the site conditions and other pertinent matters anddetails before submitting the bid.

The bid document contains special attention, definition of terms,and condition of contract, price bid, and tender documents. Thetender documents can be accessed on web site. The blank tenderdocuments can be accessed through the e-procurement portal website www.eproc.karnataka.gov.in and for assistance may contact HPHelp desk Telephone Nos. 080-22485867 / 22485927. Filled tendersalong with EMD must be electronically submitted on line throughinternet within the date and time published in e-Procurement portal.The tender will be opened at prescribed time and date in presence ofthe tenderers who wish to attend at the Office of Executive Engineer(Civil), Roads and Buildings Division, Kadra- 581396, Uttar KannadaDist, Karnataka (State).

3. Bids with stipulations for settlement of dispute by reference to

arbitration are liable for rejection.

4. Tender without EMD, tenders not properly uploaded shall be rejected.

5. The bid document will be opened at prescribed time and date inpresence of the tenderers who wish to attend at the Office of theExecutive Engineer (Civil), Roads and Buildings Division, Kadra-581396, Uttar Kannada Dist, Karnataka (State).

6. Final acceptance rests with the Corporation. Corporation reserves theright to accept any or reject any or all tenders without assigning anyreasons thereof.

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8. Rates quoted in price bid shall be final. The tenderer shall quote for

all items in the price bid. Items for which no rate or price is entered

by the tenderer, the payment for such item will not be made and shall

be deemed to be covered by the other rates and prices in the price

bid.

9. The contractor shall quote his rates inclusive of all applicable taxes,levies, duties and cess, Building Workers Welfare Cess etc., as per the

latest GoK and GoI prevailing as on the date of Notice Inviting Tender.

10. Monsoon period will be reckoned from 15th June to 15th October.

SECTION-1A

DEFINITION OF TERMS

1.0 ACT OF INSOLVENCY shall mean any Act of Insolvency as definedby the Presidency Towns insolvency Act, or the Provisional InsolvencyAct or any amending statute.

2.0 APPROVED and APPROVAL', where used in the Specification'shall mean, respectively, approved by and approval of the OWNERor the ENGINEER. When the words Approved', Approval', Subject toApproval', Satisfactory', Equal to', Proper', Requested', Asdirected', Where Directed', When Directed', Determined by',Accepted', Permitted', or words and phrases of like import areused, the approval, judgments, direction, etc., is understood to be afunction of the OWNER or the ENGINEER

3.0 AWARD OF CONTRACT shall mean issue of the letter of award.

4.0

BID means the offer of the BIDDER to the OWNER in response tothe Bid enquiry.

5.0 BIDDER shall mean the Firm / Party who quotes against this BID.

6.0 BIDDER'S WORKS' shall mean and include the land and otherplaces which are used by the Contractor for the performance ofthe "works".

7.0 CAMP AREA shall mean the area in which the Bidder hastemporarily housed his labour force deployed for the execution of

work with the permission of the Engineer.8.0 CODES & STANDARDS shall mean all applicable codes and

standards as indicated in the Technical Specifications.

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9.0 CONTRACT' shall mean the order and associated documentsexecuted by the OWNER and the BIDDER including other documentsagreed between the parties or implied to form a part of theCONTRACT.

10.0 CONTRACTOR' shall mean the SUCCESSFUL BIDDER whose BIDhas been accepted by the CORPORATION and who has entered intoan Agreement with the CORPORATION for the fulfilment of theCONTRACT and shall include his heirs, legal representatives,successors.

11.0 CONTRACT PRICE shall mean the price stated in the letter ofaward and thereafter as adjusted in accordance with the provisions ofthe contract.

12.0 CONTRACT PERIOD shall mean period of 06 (Six) calendar monthsexcluding monsoon period, commencing from date of issue of Letterof Award or to the extent of valid extension permitted by the OWNERand 60 calendar months of maintenance period thereafter duringwhich the CONTRACT' shall be executed as agreed betweenOWNER and CONTRACTOR.

13.0 COMPLETION PERIOD shall mean a period of 06 (Six) calendarmonths excluding monsoon period, commencing from the date ofissue of Letter of Award till the issue of completion certificate and asmay be extended from time to time.

14.0 COMPLETION' shall mean that all work' is completed as

directed and the 'Site' is cleared to the satisfaction of the ENGINEER.15.0 DATE OF CONTRACT' shall mean the calendar date on which the

OWNER and BIDDER have signed the CONTRACT. EFFECTIVEDATE OF CONTRACT The Contract shall be deemed to have comeinto force and effect from the date of issue of Letter of Award by theOwner to the Contractor provided the contract agreement has beenexecuted and delivered by the parties.

16.0 DRAWINGS shall mean all:

(a) Drawings furnished by the OWNER or the ENGINEER as a basis

for proposals.

(b) Drawings furnished by the OWNERS CONSULTANT duly approvedby the OWNER.

(c) Supplementary drawings furnished by the OWNER or theENGINEER to clarify and to define in greater detail the intent ofthe CONTRACT';

(d) Drawing submitted by the BIDDER with his proposal provided,such drawings are acceptable to the OWNER or the ENGINEER;

(e) Drawings furnished by the OWNER or the ENGINEER to theBIDDER during the progress of the work; and

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(f) Engineering data and drawings submitted by the BIDDER duringthe progress of the work provided, such drawings are acceptableto the OWNER.

17.0 ENGINEERS INSTRUCTIONS shall mean any drawings and/orinstructions oral and/or in writing, details, directions andexplanations issued by the ENGINEER or the OWNER from time totime during the CONTRACT PERIOD'.

18.0 ENGINEER shall mean CHIEF ENGINEER (CIVIL-KALI), KPCLGaneshgudi or such other Officer as may be appointed to act as theENGINEER for the purpose of the contract and shall also meanand include the SUPERINTENDING ENGINEER and EXECUTIVEENGINEER or other Officers directly in-charge of the work or anyPart thereof.

19.0 ENGINEER-IN-CHARGE shall mean the EXECUTIVE ENGINEERdirectly in-charge of the work or his duly authorised officer whoshall direct and supervise the work.

20.0 LETTER OF AWARD or LOA or NOTICE OF AWARD OFCONTRACT means the formal communication in writing by theOwner to the Contractor of the acceptance of the Bidders Bid. TheContract period will be reckoned from the date of Letter of Award.

21.0 MONTH shall mean calendar month.

22.0 MAINTENANCE PERIOD' shall mean the period of 24 months fromthe date of completion as certified by the ENGINEER, during which thestructure has to function without any trouble and the contractor has aliability as specified in the Section 3.19

23.0 NOTICE IN WRITING or WRITTEN NOTICE' shall mean a notice inwriting, typed or printed or hand written characters sent (unlessdelivered) personally or by any agreed system of electronictransmission to the last known private or business address orregistered office of the addressee and shall be deemed to have beenreceived when in the ordinary course of post it would have beendelivered.

24.0 OWNER' / CORPORATION shall mean The Karnataka PowerCorporation Ltd., and shall include its successors and assignees aswell as its authorised officers/representatives.

25.0 PLANT / EQUIPMENT' shall mean and include any or all plant,machinery, tools and other implements of all description necessaryfor the execution of the work in safe and workman like manner.

26.0 PROJECT' means the Facility and the Work as an integrated whole,all as described in greater detail in the specification hereto.

27.0 SITE shall mean and include all the area in which operations inrespect of the work are carried out. This term shall also includematerials stacking yard and the area where temporary structures are

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

28.0 SPECIFICATION' shall mean collectively all the terms andstipulations contained in those portions of the CONTRACT' knownas General Conditions, the Specifications and such Amendments,Revisions, Deletions or Additions, as may be made in theAgreement and all written Agreements made or to be madepertaining to the method and manner of performing the Work orthe quantities and qualities of the materials to be furnished underthis CONTRACT'.

29.0 The Words TENDERER and BIDDER shall have the samemeaning wherever used in this contract.

30.0 WRITING shall include any manuscript, typewritten, e-mail orprinted statement, under or over signature and/or seal as the casemay be.

31.0 The expression WORK' or WORKS' where used in this contractshall unless there be something in the subject or contextrepugnant to such construction be construed to mean the work orworks to be executed under or by virtue of the contract, whethertemporary or permanent, whether original, altered, substituted,additional or modified.

32.0 Words imparting the singular only shall also include the plural and

vice versa, where the context requires.33.0 Wherever figures are given under the word Elevation' or an

abbreviation of it or where figures representing elevations aregiven, they shall mean the elevation relative to the arbitrary /permanent bench mark fixed by the ENGINEER for the particularwork, located as shown on site plan or a datum level establishedby the CORPORATION.

34.0 In case of any conflict relating to the meaning of the Terms andConditions of Contract, Specification, Designs, Drawings and

Instructions mentioned hereinafter and as to the quality ofworkmanship or materials used on the works, the decision of theENGINEER shall be final, conclusive and binding on all parties to the"CONTRACT".

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SECTION-2

CONDITIONS RELATING TO EXECUTION OF WORKS

2.1 GENERAL

2.1.1 This Bid document is intended as a general description of qualityenvisaged for material, workmanship and of the finished work. It isnot intended to cover minute details. The work shall be executed in

accordance with best modern practice and shall be to the completesatisfaction of the CORPORATION. Special techniques approved by theEngineer shall be used if and where found necessary.

2.2 TIME OF COMPLETION AND WORK SCHEDULE

1.1.4 Time is the essence of this Contract. The Bidder whose Bid is acceptedby the Corporation shall discuss and obtain the approval of theEngineer for detailed construction schedule in the form of PERT / Barchart within Ten days of the Letter of award. Construction schedule soapproved shall become part of the agreement.

2.2.1 The construction schedule shall be reviewed periodically with theEngineer to ensure that the completion is achieved or to institutecorrective steps (at no extra cost to the CORPORATION) to adhere tothe same. The Engineer reserves the right to revise the schedule athis discretion in order to achieve completion within the completionperiod and to suit the project requirement and such revisions shallnot entitle the Contractor to any extra payment.

2.2.2 The whole work must be proceeded within such sections and at suchtimes and in such order and manner as described in thesespecifications and as directed by the Engineer. No extra payment or

relaxation in the rates will be permitted on account of this.2.2.3 In case the contractor fails to achieve the targeted progress as stipulated

due to non-procurement / arrangement of materials like

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equipments/machineries, plants etc., for road works and skilled / un-skilled labourers as per agreed schedule, KPCL reserves the right toarrange for the above at the risk and cost of the contractor.

2.2.4 The Contractor should furnish the Engineer progress reports of work.

2.3 COMPLETION

2.3.1 The work shall commence in the site immediately after the date of issueof letter of award. Completion shall be achieved within theCompletion period as mentioned in Letter of Award.

2.4 NIGHT WORK

2.4.1 Where night work is in progress, the Contractor, at his cost, shall providesufficient lights to safeguard workmen and public and he shall takesuitable precautions to prevent accidents. If so directed by theEngineer, excavated areas shall be barricaded and provided with redlights as caution to prevent any accident. Night work shall not entitle

the Contractor to any extra payment.

2.5 EQUIPMENT

2.5.1 CONTRACTOR shall provide and maintain at the site necessary numberand type of machinery and equipment including Tools and Plantsrequired for the work in good working condition for proper setting outand timely completion of the various works covered under thisspecification. All arrangements for transporting the equipment to andfrom the site shall be done by the CONTRACTOR at his own expense.No claim shall be entertained for mobilizing additional equipmentand/or personnel to complete the work within stipulated time.

2.5.2 CONTRACTOR shall provide all Fuels and Lubricants required for theoperation and maintenance of construction machinery and equipmentas well as his transport vehicle at his cost.

2.5.3 CONTRACTOR shall ensure a continuous supply of materials required forthe work confirming to the specifications for the duration of thecontract period.

2.5.4 The Contractor shall ensure that work shall proceed uninterrupted evenin the event of power failures. As such, adequate number of dieseloperated machinery shall be provided by the Contractor as analternative arrangement in case electrically operated machinery areproposed to be brought to site.

2.6 WORK EXECUTION AND SUPERVISION

2.6.1 CONTRACTOR shall have at the site qualified Engineers andforeman/Supervisors with adequate number of years experience inexecution of similar type of works and also operators of machineryand equipment for satisfactory progress and timely completion of the

work.

2.6.2 In the event of occurrence of any accidents at/near the site of work or inconnection with execution of the work, a report shall be made

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immediately to the ENGINEER giving full details of the accident. Heshall also report such accident to all the competent authoritieswherever such reports required by them.

2.6.3 ENGINEER reserves the right to order from time to time during progressof the work, removal and re-execution of any work which is not, inopinion of the ENGINEER, in accordance with the specification.

2.6.4 Should the works be suspended by reason of strike/riots byCONTRACTORS own employees or any other cause whatsoever,except the force majeure condition, CONTRACTOR shall take allprecautions necessary for the protection of work and make good, athis expense, any damage arising from any of these causes.

2.6.5 The Contractor shall make his own arrangement for providingaccommodation for all necessary staff and storage space formachinery and equipment and consumables such as but not limitedto petrol, diesel, lubricants etc., for efficient and uninterruptedexecution of the Work.

2.6.6 The Contractor has to make his own arrangement for site office, andstorage yard etc., at his own cost,

2.7 SITE CLEARANCE

2.7.1 On completion of work, the contractor shall promptly demobilize from thesite and leave the place in a manner as directed by theOWNER/ENGINEER, including cleaning of the area. CONTRACTORshall start demobilization only after the successful completion ofcontract.

2.8 OTHER WORKS

2.8.1 During the course of contractors works, other works either byCorporation or by other contractors or by both simultaneously will bein progress within project area. Contractor shall make his best effortto work in harmony, with others in the best overall interest of theproject and towards the speedy completion.

2.9 SECURITY AND SAFETY RULES OF CORPORATION

2.9.1 The site is a protected place and entry to the site is restricted and no

person shall be employed or allowed on the site without the priorauthority in writing of the corporation. All persons employed orallowed on the site shall at all times confirm with all regulation laiddown by the corporation for the personnel employed upon the site.

2.9.2 Contractor shall strictly abide by the rules and regulations of security/safety enforced by the corporation. Contractor shall provide properidentity cards, badges etc., to his employees whenever directed bythe Engineer.

2.9.3 Contractor shall be solely responsible for the security of his personnel,machinery and equipment deployed for the work.

2.9.4 Contractor, his employees and agents shall not disclose any informationor drawing furnished to them by the Engineer. All drawing, reports orany other information prepared by the Engineer/Contractor either

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individually or jointly for the execution of the contract shall not bedisclosed without prior written approval of the Engineer, nophotographs of the work or plant within the project site shall be takenwithout prior written approval of the corporation.

2.9.5 Safety gadgets should be provided to personnels deployed on duty.

2.9.6 While carrying out the works they should be very careful and they shouldnot touch cables, conveyor belt, equipments and other hazardousmaterials.

2.9.7 All the necessary safety measures shall be taken by the agency inrespect of labourers working in the area and it is the responsibility ofagency that there shall not be any damages to the corporationproperties

Bidder EXECUTIVE ENGINEER (C)Roads and Buildings

divisionKPCL-KHEP-II, Kadra

SECTION3

GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF THE

CONTRACTOR

1. All works proposed to be executed by contract will be notified in theform of invitation to tender put up on the notice boards of concernedoffices/e-procurement. It may also be published in the NEWS Paperswherever required.

2. This form will state the work to be carried out as well as the date forsubmitting and opening tenders and the time allowed carrying out thework. Also the amount of earnest money to be deposited with thetender and the amount of the security deposit to be deposited by thesuccessful tenderer and the percentage, if any, to be deducted frombills.

Every contractor who intends to tender for the work advertised bythe KPCL shall be a Registered Contractor in KPCL of the requiredClass as per rules of registration of Contractor of Karnataka PowerCorporation Limited.

3. Authorized copies of the specifications, designs and drawings andSchedules of rates and any relevant documents required inconnection with the work will be open for inspection to contractors atconcerned offices during office hours.

4. The memorandum of work to be tendered for the Schedule of materialsto be supplied by the Corporation and their rates shall be filled in and

completed by the officer before the tender form is issued.5. In the event of the tender being submitted by a firm, it must be signed

separately by each partner thereof or in the even of the absence of

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any partner, it shall be signed on his behalf by a person holding apower of attorney authorizing him to do so. Such power of attorneyshould be produced with the tender and it must be disclosed that thefirm is duly registered under the Indian Partnership Act.

6. Receipts for payments made on account of work executed by a firm,shall also be signed by the all the partners except where the

contractor are described in their tender as a firm in which case thereceipts shall be signed in the name of the firm by one of the partnersor by some other person, having authority given by the firm.

7. Any person who submits a tender shall fill up in the Website stating atwhat rate for each item Schedule-B (memorandum showing items ofwork to be carried out), he is willing to undertake the work. Only onerate for each item of work shall be quoted.

8. The officer calling for tenders shall open tenders in the presence ofContractors or their representatives who may be present at the time.

9.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 theestimate as recast on the basis of schedule of rates of the year ofsubmission of tender for the work. Such tender is liable to berejected at the discretion of the accepting authority dependingupon the type of item (s) for which such rates are quoted.However, such a tender can be considered for acceptance at thediscretion of the accepting authority, which an additional securityin the form a FDR/TDR acceptable to the Corporation, for anamount of 5% of the tendered amount of such smaller sums asmay be decided by the accepting authority and provided furtherthat this security shall be furnished before entering intoagreement.

ii) The officer competent to dispose of the tender shall have the rightof rejecting all or any of the tenders without assigning any reasonsand will not be bound to accept the lowest tender.

10. The rates tendered and accepted hold good until the fulfillment of thecontract except as provided in Clause-13 of the conditions of thecontract.

11. The measurements of work will be taken according to the standardmethods in use in the Public Works Department/Corporation.

12. The tender of any contract who does not accept the conditionscontained in the tender documents unless otherwise permitted byCorporation is liable to be rejected.

13. Each tenderer should give clearly in his tender, his place of residenceand postal address. The delivery at the above named place orposting in the post box regularly maintained by the Post office orsending by letter registered for acknowledgement or othercommunication shall be deemed sufficient proof thereof.

14. The successful tenderer shall attend the specified office of the KPCL onor before the date fixed by written intimation to him for executingagreement etc. Failure on the successful tenderer to execute the

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contract agreement as specified herein above would entail forfeitureof EMD.

The amount so forfeited will have to be made good by theconcerned contractor with the registering authority to tender forother works. Failure of the Contractor both to deposit in initialSecurity deposit and to execute the Contracts as contemplated in the

rules for the registration of contractors. In addition the contractor willbe responsible for making good the extra expenditure incurred by theCorporation due to calling of fresh tender etc., failing which the samewill also be recovered from his dues for other works as contemplatedin Clause-36 of the condition of contract.

15. The tenderer is not permitted to withdraw his tender or to make anymodifications in the terms and conditions of his tender before expiryof the tender validity period of180 days.

TENDER FOR WORKS

I/We hereby tender for execution for the KARNATAKA POWERCORPORATION LIMITED, (herein before and herein after referred to as theCorporation) of the work specified in the under mentioned memorandum withinthe time specified in such memorandum at the rates quoted for each itemspecified in the Price Bid (memorandum showing the items of work to becarried out) and in accordance in all respects with specifications, designs,drawings and instructions in writing.

MEMORANDUM

a) Name of work

Cleaning of dust bins,

inspection chambers, Man

holes and maintenance of UGD

lines at colony for the period

from April 2013 to March 2014

b) Amount put to tender `9.17 Lakhs

c) Earnest money deposit `22,930.00

d)

Initial Security deposit (EMD) 2.50%

Further Security deposit to bededucted from the current billsat ..% of gross amountof each bill.

5.00%

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e) Time allowed for completion ofwork.

12 (Twelve) months includingmonsoon period.

Should this tender be accepted I/We agree to abide by and fulfill all theterms and provisions of the conditions of the contract annexed hereto and allthe 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 ofmoney mentioned in the said conditions.

A sum of`22,930.00is paid through e-procurement portal as Earnest money

I/We agree that if I/We fail to execute the agreement or to commence thework specified in the above memorandum an amount equal to the amount ofEarnest Money shall be absolutely forfeited to the Corporation or out of anyother money due to me/us from any other works in Corporation/StateGovernment/ 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 theinstructions read the relevant Indian Standard Specifications and I/We havemade examination of the contract documents and plans, specifications andquantities and of the locations where such work is to be done and have mademyself/ourselves aware of the scope and specifications of the work to be doneand availability of the quantities of materials required.

I/We distinctly agree that I/We would hereafter make no claim or demandupon the Corporation based upon or arising out of any allegedmisunderstanding or misconceptions or mistake on my/our part of the saidcovenants, agreements, stipulations, restrictions and conditions.

Any notice required to be served on me/us shall be sufficiently served onme/us if delivered to me/us personally or forwarded to me/us by post(registered or ordinary) or left on my/our address given in the tender.

I/We fully understand the terms and conditions of the contract to beentered into between me/us and the Corporation and the written contract shallbe foundation of the rights of the both the parties.

Date this .day of .2013

CONTRACTOR

Address

Witness:

Address: M/s

..

..

Occupation

..

The above tender is hereby accepted by me on behalf of the Corporation.Bid document ~33~


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Dated the.day of ..2013

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

NOTES:

The currency period of the tender shall be 180 days from the date of openingof bid. If delay in deciding the tender is inevitable, the consent of the tendereragreeing 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 tokeep his offer open should invariably be specified before his consent isobtained if the validity of the tender is required to be extended.

SECTION - 3

CONDITIONS OF CONTRACT

3.1.1 Clause -1(a) SECURITY DEPOSIT

The person/persons whose tender may be accepted (herein aftercalled the CONTRACTOR which expression shall unless the contextotherwise requires, includes his heirs, executors, administrators andassigns) shall pay security deposit in cash/demand draft/deposit atcall receipt/FDRs equivalent to the earnest money deposit indicated incolumn (ii) of the table given below and shall permit Corporation. (a)to deduct at the percentage mentioned in the Column (iii) of the tablegive below of all moneys payable for work done as per contract at thetime of making such payments to him/ them and (b) to hold suchdeductions as Further Security Deposit.

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3.1.2 Clause-1(b)

In cases where additions are made to the tendered work under theprovisions of Clause-13 an additional amount of Security Deposit at

the rates mentioned in Sub-Clause (a) above should be paid by theContractor if a portion of the work is withdrawn from the Contractorunder the provisions of Clause-15 (a) a proportionate reduction in theamount of Security deposit may be allowed by the officer of thecorporation calling the tender.

3.1.3 Clause-1(c) : Conversion to interest bearing securities:

The Security Deposit paid in cash as also the FSD deducted fromthe bills may at the cost of the Contractor, be converted into interestbearing securities provided that the contractor has expressly desired

this in writing.

3.1.4 Clause-1(d) : Release against Bank guarantee:-Deleted-

3.1.5 Clause- 1 (e):Dues to Corporation to be set off against Securitydeposit:

All compensation or other sums of money payable by theContractor to the Corporation under the terms and this contract may

be realized or deducted from any Security Deposit payable to him orfrom the interest arising there from or from any sums which may bedue or may become due by Corporation to the Contractor on anyaccount whatsoever and in the event of his security deposit being

Bid document

Estimatedcost

of thework

EMD percentage FSD percentage

Upto

`20,00,000/-

2.5%5.0%

`20,00,000/- to`1.00 Crore

2.0%

Subject to minimumof `50,000/-

5.5%

`1.00 Crore andabove upto

`10.00 Crores

1.5%

Subject to minimumof `2.00 Lakhs.

6.0%

`10.00 Crores &

above

1.0%

Subject to minimumof `15.00 Lakhs

6.5%

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reduced by reason of any such realization or deduction as aforesaid,the Contractor shall, within ten days thereafter, make good in cashany sum or sums which have been deducted from, or raised by sale ofhis security deposit or any part thereof.

3.1.6 Clause - 1(f): Refund of Security Deposit:The EMD and FSD lodged/paid by a Contractor shall be refunded to

him after the final bill is paid or after satisfactory completion of themaintenance period (nil) whichever is later.

PENALTY FOR DELAY

3.2.1 Clause - 2(a): WRITTEN ORDER TO COMMENCE:

After acceptance of the Bid, the Corporation shall issue a writtenorder to the successful Contractor to commence the work. TheContractor shall enter upon or commence any portion of work onlywith the written authority and instructions of the Corporation.Without such instructions, the Contractor shall have no claim todemand for measurements or payment for work done by him.

3.2.2 Clause - 2(b): PROGRAMME OF WORK:

The Contractor shall carry out execution of the Work as peraccepted programme in consultation with the Engineer as perSection 4.04.00 on demand.

3.2.3 Clause - 2(c): REVIEW OF PROGRESS AND RESPONSIBILITY FORDELAY ETC:

The progress of all works shall be reviewed by the ExecutiveEngineer with the Contractor during the first fortnight of every month.Such a review shall take into account the programme fixed for theprevious month, obligations on the part of the Corporation like supplyof materials, drawings etc., and also the obligations on the part of theContractor.

i. Apportioning of responsibility for delay betweenContractor and Corporation:In case the progress achieved fall short of the agreed programme,the reasons for such shortfall shall be examined and a recordmade thereof apportioning the responsibilities for delay between

the Contractor and the Corporation. This record should be signedin full and dated both by the Executive Engineer and Contractor.

To the extent the shortfall is assessed as due to the delay on thepart of the Contractor, the Contractor shall be liable to paypenalty as indicated Clause 02 (d) below.

ii. Grant of extension of time:If the delay is attributable to reasons beyond the control of theContractor requisite extension of time shall be granted by theExecutive Engineer in accordance with Clause-5 after obtainingthe approval of his higher authorities wherever necessary.

iii. Review or progress by Superintending Engineer/ChiefEngineer:

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The Superintending Engineer and Chief Engineer shall review theprogress once in every month. These reviews are in addition tothe monthly reviews required to be done by the ExecutiveEngineer. The results of the review by the higher authorities shall,wherever necessary be incorporated in the next review by theExecutive Engineer.

iv. Settlement of dispute regarding shortfall in progress:In case of dispute between the Executive Engineer and theContractor regarding the responsibility for the shortfall inprogress, the matter shall be referred to the SuperintendingEngineer who shall thereupon give a decision within one month ofthe date of receipt of reference. The decision of theSuperintending Engineer shall be final and binding on theContractor.)

3.2.4 Clause - 2(d): PENALTIES FOR DELAY:

In respect of the shortfall in progress, assessed as due to the delayon the part of the Contractor as per Clause 02 (b) and 02(c), theContractor shall be liable to pay as penalty an amount equal to 1%(one percent) of the estimated cost of the balance work assessedaccording to the programme, for every day that the due quantity ofwork remains incomplete provided always that the total amount ofpenalty to be paid under the provisions of this clause shall not exceed7 % (Seven and half percent) of the cost of the entire work asshown in the contract, provided further that in the event of theContractor making up the shortfall in progress within the stipulated orextended 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 beentitled to take action as indicated in Clause 03 (d) also.

3.2.5 Clause - 2(e): ADJUSTMENT OF EXCESS / OVER PAYMENTS:

Excess/over payment as soon as they are discovered should beadjusted immediately in the next Running Account bill of theContractor and in case the final bill has already been paid, theexcess/over payment shall be recovered from any outstanding due tothe Contractor or the Security Deposit of the Contractor together with

an interest at prevailing rates from the date of such excess or overpayment to the date of recovery.

3.3.0 Clause 3: ACTION WHEN THE WHOLE OF SECURITY DEPOSIT ISFORFEITED:

In any case in which under any clause or clauses of this Contract,the Contractor shall have rendered himself liable to paycompensation and/or penalty amounting to the whole of the Securitydeposit including the amount deducted in installments from his billsas further Security Deposit. The Executive Engineer, on behalf of the

Corporation shall have power to adopt any of the following courses ashe may deem best suited in the interest of Corporation.

3.3.1 Clause - 3(a): Forfeiture of Security Deposit:

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Without prejudice to Corporation right to recover any loss from theContractor under sub clauses (b) and (c) of Clause-3 of the contract,to rescind the contract (of which rescission notice in writing to theContractor under the hand of the Executive Engineer or othercompetent authority shall be conclusive evidence), and in that case,the Security Deposit of the contractor including whole or part of thelumpsum deposited by him and also the amount deducted from hisbills Further Security Deposit, shall stand forfeited and be absolutelyat the disposal of the Corporation..

3.3.2 Clause - 3(b): DEBITING COST OF LABOUR AND MATERIALSSUPPLIED:

The Corporation may employ labour and supply to carry out thework or any part of the work, debiting the Contractor with the cost ofthe labour and the price of the materials (as to the correctness ofwhich cost and price, the certificate of the Engineer shall be final andconclusive against the Contractor) and crediting him with the value of

the work done, in all respects in the same manner and at the samerates as if it had been carried out by the Contractor under the termsof this Contract and in that case the certificate of the Engineer as tothe value of the work done shall be final and conclusive against theContractor.

3.3.3 Clause - 3(c): RECOVERY OF EXTRA COST ON UNEXECUTEDWORK:

To measure up the work of the original Contractor and to take suchpart there of as is remaining unexecuted out of his hands, and to giveit to another Contractor to complete it, in which case any expenseswhich may be incurred in excess of the sum which would have beenpaid to the original Contractor, if the whole work had been executedby him (as to the amount of which excess expenses the certificate inwriting of the Engineer shall be final and conclusive) shall be borneand paid by the original Contractor and shall be deducted from anyamount due to him by Corporation under this Contract or anyContract in Corporation /State Government/Central Government orotherwise or from his Security deposit or the proceeds of sale thereofor a sufficient part thereof.

3.3.4 Clause - 3(d): ACTION AGAINST UNSATISFACTORY PROGRESS :If the Contractor does not maintain the rate of progress as required

under Clause 2 and if the progress of any particular portion of workis unsatisfactory even after taking action under Clause 2(c) &(d),the Engineer shall be entitled to take action under clause 3(b)& (c) at his discretion in order to maintain the rate of progress aftergiving the contractor ten (10) days notice in writing where upon thecontractor will have no claim for any compensation for any losssustained by him owing to such actions.

3.3.5 Clause - 3(e): NO COMPENSATION FOR LOSS SUSTAINED ONADVANCE ACTION:

In the event of any of the above courses being adopted by theEngineer, the Contractor shall have no claim to compensation for any

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loss sustained by him by reason of his having purchased or procuredany materials or entered into any engagements or made anyadvances on account of, or with a view to the execution of the workor the performance of the Contract and in case the Contract shall berescinded under the provision aforesaid, the Contractor shall not beentitled to recover or be paid any sum for any work thereof actuallyperformed by him under this Contract, unless and until the Engineershall have certified in writing the performance of such work and theamount payable in respect thereof, and he shall only be entitled to bepaid the amount so certified.

3.4.0Clause 4: CONTRACTOR TO REMAIN LIABLE TO PAYCOMPENSATION IF ACTION IS NOT TAKEN UNDER CLAUSE 3:

In any case in which any of the powers conferred upon theCorporation by Clause 3 hereof shall have become exercisable andthe same shall not have been exercised, the non-exercise thereofshall not constitute a waiver of any of the conditions hereof and

such powers shall not-withstanding be exercisable in the event of anyfuture case of default by the Contractor for which under any clausehereof he is declared liable to pay compensation or penaltyamounting to the whole of his Security deposit and the liability of theContractor for past and future compensation or penalty shall remainunaffected.

Power to take possession of or require removal of or sellContractors properties:

In the event of the Engineer taking action under sub-clause (a) or(c) of Clause3, he may, if he so desires; take possession of all orany tools, plant, materials and stores, in or upon works or the sitethereof belonging to the Contractor, or procured by him and intendedto be used for the execution of the work or any part thereof, paying orallowing for the same in account at the Contract rate, or in the caseof Contract rate not being applicable, at current market rates, to becertified by the Engineer whose certificate thereof shall be final. Inthe alternative, the Engineer may after giving notice in writing to theContractor or his authorised agent, require him to remove such tools,plant, materials or stores from the premises within a time to bespecified in such notice and in the event of the Contractor failing to

comply with any such requisition, the Engineer may remove them atthe Contractors expense or sell them by auction or private sale onaccount of the Contractor and at his risk in all respects and thecertificate of the Engineer as to the expense of any such removaland the amount of the proceeds and expense of any such sale shallbe final and conclusive against the Contractor.

3.5.1 Clause - 5: GRANT OF EXTENSION OF TIME

In the event the Contractor is hindered in the execution of work forreasons beyond his control which could result in n

Cleaning of Dustbins 2013-14

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