Annexure II

K/W-2

GOVERNMENT OF KARNATAKA

GOVERNMENT OF KARNATAKA

CITY MUNICIPAL COUNCIL ,

M. G. ROAD, KARWAR
UTTARA KANNADA DISTRICT.

Telephones: 08382 – 227900 Fax: 08382 – 222170

TENDERS FOR THE WORK OF

Indent No: DMA/2019-20/BD/WORK_INDENT100982

Sl. Name of the WORK Amount Put to

No. Tender in Lakhs

PÁgÀªÁgÀ £ÀUÀgÀ¸À¨sÉ ºÉƸÀ PÀbÉÃj

PÀlÖqÀPÉÌ £É® CAvÀ¹Û£À°è EAnjAiÀÄgï ºÁUÀÆ
1 ¥sÀ¤ð¶AUï PÀ®¸ÀUÀ¼À£ÀÄß ªÀiÁqÀĪÀÅzÀÄ.
DMA/2019-20/BD/WORK_INDENT100982 37.99

TENDER REFERENCE : As in E portal

PERIOD OF SALE OF TENDER
: AS in E portal
DOCUMENT
LAST DATE FOR SALE OF AS in E portal
:
TENDER DOCUMENT

1
LAST DATE AND TIME FOR AS in E portal
:
RECEIPT OF TENDERS
TIME AND DATE OF OPENING AS in E portal
:
OF TENDERS
PLACE OF OPENING OF
: CMC, Karwar office through E-Portal
TENDERS
ADDRESS FOR
: CMC, Karwar
COMMUNICATION

2
 Contents
Section
No. Description Page

1 INVITATION FOR TENDERS (IFT)

2 INSTRUCTIONS TO TENDERERS (ITT)

3. FORM OF TENDER and QUALIFICATION INFORMATION

4. CONDITIONS OF CONTRACT (CC)

5. CONTRACT DATA

6. SPECIFICATIONS

7 DRAWINGS

8 BILL OF QUANTITIES

9. FORMAT OF BANK GUARANTEE FOR SECURITY DEPOSIT

 SECTION 1: INVITATION FOR TENDERS (IFT)

IFT.No: Construction of RCC drain from DC office towards nala at taluka panchayat MLA office)

Commissioner , CITY MUNICIPAL COUNCIL, KArwar, invites tenders from eligible tenderers, for the
construction of works detailed in the Table below. The tenderers may submit tenders for any or all of the
works given in the TableThe Tenderers are advised to note the minimum qualification criteria specified
in Clause 3 of the Instructions to Tenderers to qualify for award of the contract.

1. Tender documents may be downloaded from Government of Karnataka E-Procurement

website https://eproc.karnataka.gov.in/eportal/index.seam under login for
Contractors:

After login to Contractors, Please scroll down to the right side bottom to see List of Tenders, Please
click there to find the details of NIT and download copy of the tender. The tender can be downloaded
in the portal as per prescribed date and time published in the portal. Only Interested Contractors who
wish to participate should remit online tender processing fee, after registering in the portal. The tender
processing fee /transaction fee is non-refundable.
3.  Tenders must be accompanied by earnest money deposit specified for the work in the Table below. Earnest
Money deposit which will be paid online through e-Procurement portal. Earnest money deposit will have
to be in any one of the forms as specified in the E procurement portal and shall have to be valid for 45 days beyond
the validity of the tender.

4. Tenders must be electronically submitted (on-line through internet) with in the date and time
published in e-procurement portal. First Cover( Technical Bid) of the Tenders will be opened after
prescribed time and date in the e-procurement portal, in the presence of the Tenderers who wish to
attend at the Office of Commissioner , CITY MUNICIPAL COUNCIL, karwar

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

Name of work Class of Approximate Earnest Period of

Contractor value of work Money completion
(Rs. In Deposit
Lakhs.) in Rs

PÁgÀªÁgÀ £ÀUÀgÀ¸À¨sÉ
ºÉƸÀ PÀbÉÃj PÀlÖqÀPÉÌ
£É® CAvÀ¹Û£À°è EAnjAiÀÄgï As in e proc

ºÁUÀÆ ¥sÀ¤ð¶AUï
PÀ®¸ÀUÀ¼À£ÀÄß
ªÀiÁqÀĪÀÅzÀÄ.
DMA/2019-
20/BD/WORK_INDENT100982
 TABLE

SECTION 2: INSTRUCTIONS TO TENDERERS (ITT)

Table of Clauses
A. General Page No.

1. Scope of Tender
2. Eligible Tenderers
3. Qualification of the Tenderer

B. Tender Documents

4. Content of Tender documents

5. Amendment of Tender documents

C. Preparation of Tenders

6. Documents comprising the Tender

7. Tender prices
8. Tender validity
9. Earnest money deposit
10. Format and signing of Tender

D. Submission of Tenders

11 Sealing and marking of Tenders

12 Deadline for submission of Tenders
13 Late Tenders
14 Modification and Withdrawal of Tenders

E. Tender opening and evaluation

15. TenderOpening

16. Process to be confidential

17. Clarification of Tenders
18. Examination of Tenders and determination of responsiveness
19. Correction of errors
20. Evaluation and comparison of Tenders
F. Award of contract

21. Award criteria

22. Employer’s right to accept any Tender and to reject any or all Tenders
23. Notification of award and signing of Agreement
24. Security deposit
25. Corrupt or Fraudulent practices
26 Death of Contract
 A General
1. Scope of Tender

1.1 TheCOMMISSIONER ,CITY MUNICIPAL COUNCIL, Karwarinvites tenders Following Two Cover
tender procedure, from eligible Tenderers, for the construction of works (as defined in these
documents and referred to as "the works") detailed in the Table given in the Invitation for
Tenders (IFT). The Tenderers may submit tenders for any or all of the works detailed in the table
given in IFT.

2. Eligible Tenderers

2.1 Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent practices
issued by the Government of Karnataka
2.2 Tenders from Joint ventures are not acceptable.

3. Qualification of the Tenderer:

3.1 All Tenderers shall provide the requested information accurately and in sufficient detail in Section
3: Qualification information.
3.2 To qualify for award of this contract, each tenderer in its name should have in the
last five years i.e., 2014-15 to 2018-19

(a) achieved in at least one financial years an average annual financial turnover of
Rs.75.98 lakhs . (2 times the previous )

(b) Satisfactory completed, any kind of civil work ,of value not less than Rs. 37.99 Lakhs as
prime contractor

(c) Executed in one year (for a continuous period of 12 months) the following minimum
quantities of work

1 .Low height partition of 12mm water proof Marine plywood 50mm—119.00 Rmt

f) liquid assets and or availability of credit facilities of no less than Rs. 11.40 Lakhs(Credit
lines/ letters of credit/ certificates from banks for meeting the fund requirement etc.

BANKER’S CERTIFICATE
This is to certify that M/s. ………………………….. is a reputed company with a good financial standing. If the
contract for this work “

” is awarded to the above firm, we shall be able to provide overdraft/credit facilities to the

extent of Rs11.40lakhs to meet the working capital requirements for executing the above
contract

Sd/-
Senior Bank Manger,
 Name of the Bank,Address

3.3 Tenderers who meet the above specified minimum qualifying criteria, will only be qualified, if
their available tender capacity is more than the total tender value. The available tender
capacity will be calculated as under:

Assessed available tender capacity = (A*N*2.50 - B)

where

A = Maximum value of civil engineering works executed in any one year during the last five
years (updated to 2018-19 price level) taking into account the completed as well as
works inprogress.
N = Number of years prescribed for completion of the works for which tenders are invited .

B = Value, at 2018-19 price level, of existing commitments and on-going works to be

completed during the next(02/12) years(period of completion of the works for which
Tenders are invited)

Note: The statements showing the value of existing commitments and on-going works as well as
thestipulated period of completion remaining for each of the works listed should be
countersigned by the Employer in charge, not below the rank of an Executive Engineer or
equivalent.

3.2 Even though the Tenderers meet the above criteria, they are subject to be disqualified if they
have:

- made misleading or false representations in the forms, statements and attachments

submitted in proof of the qualification requirements; and/or
- record of poor performance such as abandoning the works, not properly completing the
contract, inordinate delays in completion, litigation history, or financial failures etc.;
and/or
- participated in the previous Tender for the same work and had quoted unreasonably high
tender prices and could not furnish rational justification.

B. Tender documents

4. Content of Tender documents

4.1 The set of tender documents shall have all the Sections given in Page 2:
The Contractor should go through the Tender Document and submit the response /commercial /technical
through e-procurement portal (online) only after downloading the tender document.

4.2 Deleted
5. Amendment of Tender documents

5.1 Before the deadline for submission of tenders, the Employer may modify the tender
documents by issuing addenda.
5.2 Any addendum thus issued shall be part of the tender documents and shall be communicated in
writing or by cable or to all the purchasers of the tender documents.

5.3 To give prospective Tenderers reasonable time in which to take an addendum into account in
preparing their tenders, the Employer shall extend as necessary the deadline for submission of
tenders, in accordance with Sub-Clause 12.2 below.

C. Preparation of Tenders

6. Documents comprising the Tender

6.1 The tender submitted by the Tenderer shall comprise the following

a) The Tender (in the format indicated in section 3) online only

(b)Earnest Money Deposit & tender Processing fee; online payment through E-Procurement
platform.

(c) Qualification Information as per section 1.1 to 1.4 including Performa uploaded separately
and to comply the task created in the e-Procurement Portal under General terms and
Conditions and Technical parameters and Documents required from Tenderer.

(d) Priced Bill of Quantities (Section 8); online through e-procurement portal, no hardcopy of
commercials should be attached or disclosed.

And any other materials required be completed and submitting by Tenderers in accordance with
these instructions. The documents listed under Sections 3, 5, and 8 shall be filled in without
exception.

7. Tender prices

7.1 The contract shall be for the whole works as described in Sub-Clause 1.1, based on the priced
Bill of Quantities submitted by the Tenderer.
7.2 The Tenderer shall fill in rates and for all items of the Works described in the Bill of Quantities
in Eprocurement portal only.
Items for which no rate or price is entered by the Tenderer will not be paid for by the Employer
when executed and shall be deemed covered by the other rates and prices in the Bill of
Quantities
7.3 All duties, taxes, and other levies payable by the contractor under the contract, or for any
other cause, shall be included in the rates, prices and total Tender Price submitted by the
Tenderer.
7.4 The rates and prices quoted by the Tenderer shall be fixed for the duration of the Contract
and shall not be subject to adjustment on any account.

8. Tender validity

8.1 Tenders shall remain valid for a period not less than ninety days after the deadline date for
tender submission specified in Clause 12. A tender valid for a shorter period shall be
rejected by theEmployer as non-responsive.
8.2 In exceptional circumstances, prior to expiry of the original time limit, the Employer may
request that the Tenderers may extend the period of validity for a specified additional period.
The request and the Tenderers' responses shall be made in writing or by cable. A Tenderer may
refuse the request without forfeiting his earnest money deposit. A Tenderer agreeing to the
request will not be required or permitted to modify his tender, but will be required to extend
the validity of his earnest money deposit for a period of the extension, and in compliance with
Clause 9 in all respects.

9. Earnest money deposit

9.1 Earnest Money Deposit/ Bid security

The supplier/contractor can pay the Earnest Money Deposit (EMD) in the e-Procurement portal using
any of the following payment modes: (For detailed procedures visit eprocurement
portal)
1 Credit Card
2 Direct Debit/ Net Banking
3 National Electronic Fund Transfer (NEFT)
4 Over the Counter (OTC) payment

OTC payment procedure

If a contractor/supplier chooses to make payment of EMD/tender processing fees Over The Counter
(OTC) in any of the designated Bank branches listed in the e-Procurement web-site
(www.eproc.karnataka.gov.in), the contractor/supplier will need to log into e-Procurement system,
access the tender for which bid is being created and then select the OTC option under the payment
section and print the Challan shown in that section. The printed challan will have the unique bid
reference number and the amount to be remitted. Along with the challan, contractor can choose to
make the payment either in the form of cash or in the form of Demand Draft. Cheque payments will not
be accepted. The contractor is requested to specifically inform the bank officer to input the unique bid
reference number printed in the challan in the banking software. Upon successful receipt of the
payment, the bank will provide a 16-digit reference number acknowledging the receipt of payment. This
16-digit reference number has to be entered by contractor in the payment section of its bid as payment
confirmation before the bid is submitted (i.e.) as a pre-requisite for bid submission.
NEFT payment procedure

If a contractor/supplier chooses to make payment of EMD/tender processing fees using Reserve Bank of
India's (RBI) National Electronic Fund Transfer (NEFT) system, the contractor/supplier will need to log
into e-Procurement system, access the tender for which bid is being created and then select the NEFT
option under the payment section and print the Challan shown in that section. The printed challan will
have the unique bid reference number, account details of Government of Karnataka and the amount to
be remitted. The contractor has to submit the printed challan to its bank-branch (NEFT-enabled) and
request for an account-to-account transfer, wherein the money will get transferred from the
contractors' bank account to GoK's bank account. The contractor should ensure that NEFT transfer
instructions are executed and the funds are wired to the Government of Karnataka's principal account
before the last date for bid submission and preferably 24 hours before the last date for bid submission.
If the contractor's bank transfers/wires the money after the last date for bid submission, the
contractor's bid will be liable for rejection. Upon executing the transfer, the contractor's bank will
provide a reference number generated by NEFT software as confirmation of transfer, which has to be
entered by contractor in the payment section of its bid as payment confirmation before the bid is
submitted (i.e.) as a pre-requisite for bid submission. Also, the account number from which the funds
were transferred have to be entered in the e-Procurement system as part of its bid. The tenderer who
wish to make Earnest Money Deposit and Tender processing fee payment through Internet Banking
facility may do so. The Department is in no way responsible in case the money is not deposited in the
notified central pooling account held at Designated Bank, within the stipulated period. The name of the
account and the account number and other details are displayed in the generated challan for the
information of the tenderer.

The supplier/contractor’s bid will be evaluated only on confirmation of receipt of the payment
(EMD) in the Government of Karnataka central pooling a/c held at Designated Bank

EMD amount will have to be submitted by the supplier/contractor taking into account the following
conditions:

a. EMD will be accepted only in the form of electronic cash (and not through Demand Draft or
Bank Guarantee) and will be maintained in the Govt.’s central pooling account at Designated
Bank until the finalization of the Tender.
b. The entire EMD amount for a particular tender has to be paid in a single transaction
c. For details on e-Payment services refer to e-procurement portal for more details on the
process.
d. The Bidders shall deposit EMD amount as prescribed in e –procurement portal through E-

payment.

Refund of EMD

Based on the instructions of Tender Accepting Authority (TAA) the EMD amount of the unsuccessful bidders will be
refunded to the respective Bank a/c’s of the supplier/contractor registered in the e-Procurement system .

9.2 NA.

9.3 Any tender not accompanied by an acceptable earnest money deposit and not secured as
indicated in Sub-Clauses 13.1 above shall be rejected by the Employer as non-responsive.

9.4 The earnest money deposit of unsuccessful Tenderers will be returned within 30 days of the end
of the tender validity period specified in Sub-Clause 12.1.

9.5 The earnest money deposit of the successful Tenderer will be discharged when the Tenderer has
signed the Agreement and furnished the required Performance Security.

9.6 The earnest money deposit may be forfeited:

(a) if the Tenderer withdraws the Tender after tender opening during the period of tender
validity;
 (b) in the case of a successful Tenderer, if the Tenderer fails within the specified time limit
to

(i) Sign the Agreement; or

(ii) Furnish the required Security deposit

10. Format and signing of Tender

10.1 Tenderer shall submit the Bid electronically before the submission date and time specified in e-
procurement portal through e procurement portalonly ..

D. Submission of Tenders

11. Marking of tenders

11.1 Tenderer shall submit the Bid electronically before the submission date and time specified in e-
procurement portal through e procurement portalonly .
11.2 NA
11.3 NA
11.4 NA

12. Deadline for submission of tender:

12.1 Tenders must be received by the Employer through e procurement portal only no later
than date and time notified in e-procurement portal. However in online e-procurement
system, tenderer shall not be able to submit the bid after the bid submission time and
date as the icon or the task in the e-procurement portal will not be available.

12.2 The Employer may extend the deadline for submission of tenders by issuing an amendment in
accordance with Clause 5, in which case all rights and obligations of the Employer and the
Tenderers previously subject to the original deadline will then be subject to the new deadline.

13 Late Tenders
13.1 In online e-procurement the tenderer shall not be able to submit the bid after the bid submission
time and date as per icon or the task at the e-procurement portal will not be available.

14. Modification and Withdrawal of Tenders

Tender has all the time to modify and correct or upload any relevant document in the portal till
dead line for Bid submission date and time, as published in the e-procurement portal.
The tenderer may withdraw his tender before the notified last date and time of tender submission.

E. Tender opening and evaluation

15. Opening of First Cover of all Tenderers and evaluation to determine qualified Tenderers:

15.1 The Employer will open the First Coversof all the Tenderers received in the presence of the
Tenderers or their representatives who choose to attend on the date, TIME and the place
specified IN EPROCUREMENT PORTAL. In the event of the specified date of Tender opening
being declared a holiday for the Employer, the Tenders will be opened at the appointed time
 and location on the next working day.

15.2 NOT APPLICABLE

15.3 NOT APPLICABLE

15.4 The employer shall prepare minutes of the tender opening including the information disclosed
to those present in accordance with the sub clause 15.3

16. Process to be confidential

16.1 Information relating to the examination, clarification, evaluation, and comparison of Tenders
and recommendations for the award of a contract shall not be disclosed to Tenderers or any
other persons not officially concerned with such process until the award to the successful
Tenderer has been announced. Any effort by a Tenderer to influence the Employer's
processing of Tenders or award decisions may result in the rejection of his Tender.

17. Clarification of Tenders

17.1 To assist in the examination, evaluation, and comparison of Tenders, the Employer may, at his
discretion, ask any Tenderer for clarification of his Tender, including breakdowns of unit rates.
The request for clarification and the response shall be in writing or by cable, but no change in
the price or substance of the Tender shall be sought, offered, or permitted.
17.2 Subject to sub-clause 18.1, no Tenderer shall contact the Employer on any matter relating to
its Tender from the time of the Tender opening to the time the contract is awarded. If the
Tenderer wishes to bring additional information to the notice of the Employer, it should do so
in writing.
17.3 Any effort by the Tenderer to influence the Employer in the Employer’s Tender evaluation,
Tender comparison or contract award decisions may result in the rejection of the Tenderers’
Tender

18. Examination of Tenders and determination of responsiveness

18.1 Prior to the detailed evaluation of Tenders, the Employer will determine whether each Tender;
(a) has been properly signed; and; (b) is substantially responsive to the requirements of the
Tender documents.
18.2 A substantially responsive Tender is one which conforms to all the terms, conditions, and
specifications of the Tender documents, without material deviation or reservation. A material
deviation or reservation is one (a) which affects in any substantial way the scope, quality, or
performance of the Works; (b) which limits in any substantial way, inconsistent with the Tender
documents, the Employer's rights or the Tenderer's obligations under the Contract; or (c) whose
rectification would affect unfairly the competitive position of other Tenderers presenting
substantially responsive Tenders.
18.3 If a Tender is not substantially responsive, it will be rejected by the Employer, and may not
subsequently be made responsive by correction or withdrawal of the nonconforming deviation
 or reservation.

19. Correction of errors; NOT APPLICABLE AS IT IS ONLINE SUBMISSION

19.1 Tenders determined to be substantially responsive will be checked by the Employer for any
arithmetic errors. Errors will be corrected by the Employer as follows:
(a) where there is a discrepancy between the rates in figures and in words, the lower of
the two will govern and
(b) where there is a discrepancy between the unit rate and the line item total
resulting from multiplying the unit rate by the quantity, the unit rate as quoted
will govern.
19.2 The amount stated in the Tender will be adjusted by the Employer in accordance with the above
procedure for the correction of errors and, with the concurrence of the Tenderer, shall be
considered as binding upon the Tenderer. If the Tenderer does not accept the corrected amount
the Tender will be rejected, and the earnest money deposit may be forfeited in accordance with
Sub-Clause 9.6 (b).

20. Evaluation and comparison of Tenders

20.1 The Employer will evaluate and compare only the Tenders determined to be substantially
responsive in accordance with Clause 19.
20.2 In evaluating the tenders the employer will determine for each tender the evaluated tender
price by
adjusting the tender price as follows.
a) making any correction for errors pursuant to clause 20 and
b) making appropriate adjustment to reflect discounts or other price modifications offered in
accordance with sub cluause 14.5

20.3 The Employer reserves the right to accept or reject any variation, deviation, or alternative offer.
Variations, deviations, and alternative offers and other factors which are in excess of the
requirements of the Tender documents or otherwise result in unsolicited benefits for the
Employer shall not be taken into account in Tender evaluation.

F Award of Contract
21 Award criteria

21.1 Subject to Clause 24, the Employer will award the Contract to the Tenderer whose Tender
has been determined to be substantially responsive to the Tender documents and who has
offered the lowest evaluated Tender Price, provided that such Tenderer has been
determined to be (a) eligible in accordance with the provisions of Clause 2, and (b) qualified
in accordance with the provisions of Clause 3.

22 Employer's right to accept any Tender and to reject any or all Tenders

22.1 Notwithstanding Clause 22, the Employer reserves the right to accept or reject any
Tender, and to cancel the Tender process and reject all Tenders, at any time prior to the
award of Contract, without thereby incurring any liability to the affected Tenderer or
Tenderers or any obligation to inform the affected Tenderer or Tenderers of the grounds for
the Employer's action.

23. Notification of award and signing of Agreement

23.1 The Tenderer whose Tender has been accepted will be notified of the award by the Employer
prior to expiration of the Tender validity period by cable, telex or facsimile confirmed by
registered letter. This letter (hereinafter and in the Conditions of Contract called the "Letter
of Acceptance") will state the
sum that the Employer will pay the Contractor in consideration of the execution, completion,
and maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter
and in the Contract called the "Contract Price").
23.2 The notification of award will constitute the formation of the Contract, subject only to the
furnishing of Security deposit in accordance with the provisions of Clause 25.
23.3 The Agreement will incorporate all agreements between the Employer and the successful
Tenderer. It will be kept ready for signature of the successful Tenderer in the office of
Employer within 30 days following the notification of award along with the Letter of
Acceptance. Within 20 days of receipt, the successful Tenderer will sign the Agreement and
deliver it to the Employer.
23.4 Upon the furnishing by the successful Tenderer of the Performance Security, the Employer
will promptly notify the other Tenderers that their Tenders have been unsuccessful.

24. Security deposit

24.1 Within 20 days of receipt of the Letter of Acceptance, the successful Tenderer shall deliver to
the Employer a Security deposit in any of the forms given below for an amount equivalent to
5% of the Contract price plus additional security for unbalanced tenders in accordance with
25.2 of the ITT and clause 44 of the conditions of contract.
- Cash or
- Banker’s cheque/Demand draft,/Pay Order in favour of theCHIEF
OFFICER,CITY MUNICIPAL COUNCIL, karwarpayable at. karwar, . or
- Specified Small Savings Instruments pledged to CHIEF OFFICER,CITY MUNICIPAL
COUNCIL, Karwar,
-
24.2 The security deposit if furnished in cash or demand draft can, if requested, be converted
to interest bearing securities at the cost of the contractor.
24.3 Failure of the successful Tenderer to comply with the requirements of Sub-Clause 25.1
shall constitute sufficient grounds for cancellation of the award and forfeiture of the
Earnest money deposit.

25. Corrupt or Fraudulent practices

25.1 The GOK requires that the Tenderers/Suppliers/Contractors, observe the highest standard
of ethics during the procurement and execution of such contracts. In pursuance of this
policy, GOK :
(a) will reject a proposal for award if it determines that the Tenderer recommended for
award has engaged in corrupt or fraudulent practices in competing for the contract in
question;
(b) will declare a firm ineligible, either indefinitely or for a stated period of time, to be
awarded a GOK contract if it at any time determines that the firm has engaged in
corrupt or fraudulent practices in competing for, or in executing, a GOK contract.
25.2 Furthermore, Tenderers shall be aware of the provision stated in sub-clause 43.2 of the
Conditions of Contract.
26. Death of contractor:
In the case of the death of a contractor after executing the agreement / commencement of the
work his legal heir, if an eligible registered contractor and willing, can execute and complete work at
the accepted tender rates irrespective of the cost of the work.
 SECTION 3: FORMS OF TENDER, AND QUALIFICATION INFORMATION

TABLE OF FORMS:
- FORM OF TENDER ( Online only)

- QUALIFICATION INFORMATION

- LETTER OF ACCEPTANCE

- NOTICE TO PROCEED WITH THE WORK

- AGREEMENT FORM
 Form of Tender

Description of the Works: ___________________________________________________

____________________________________________________________________________________
______
____________________________________________________________________________________
______
_______________________________________________________ 24
Tender

To : ________________________________________________

Address : _______________________________________________________________
___________________________________________________________________________ 25

GENTLEMEN,

We offer to execute the Works described above in accordance with the Conditions of Contract
accompanying this Tender for the Contract Price of _________ [in figures]
(________________________________________________) [in letters].26
This Tender and your written acceptance of it shall constitute a binding contract between us. We
understand that you are not bound to accept the lowest or any Tender you receive.

We undertake that, in competing for (and, if the award is made to us, in executing) the above contract,
we will strictly observe the laws against fraud and corruption in force in India namely “Prevention of
Corruption Act 1988”.

We hereby confirm that this Tender complies with the Tender validity and Earnest money deposit
required by the Tender documents.

We attach herewith our currentincome-tax clearance certificate.

Yours faithfully,

Authorized Signature:

Name & Title of Signatory:

_________________________________________________________________

Name of Tenderer ______________________________________________

Address: ----------------------------------------------------------------------
----------------------------------------------------------------------
-----------------------------------------------------------------------
 QUALIFICATION INFORMATION

The information to be filled in by the Tenderer hereunder will be used for purposes of
computing Tender capacity as provided for in Clause 3 of the Instructions to Tenderers. This
information will not be incorporated in the Contract.

1.1 Constitution or legal status of Tenderer [Attach copy]

Place of Registration
(Attach Copy)
Principal place of business:

1.2 Total value of civil engineering construction 2014 –15

works executed and payments received in the last five
years 2015 –16
(in Rs. Lakhs)19 2016 –17
2017- 18
2018-19

1.3 Work performed as Prime Contractor (in the same name) on works of similar nature over
during the five years specified in 1.2 above.

Value Specifie
Descri Contra of Date d
Name of Remarks explaining
Project ption ct contr ofissue period Actual date of
Employe reasonsfor delay in
Name of Numb act of work of completion
r completion of work
Work - er Rs. order comple
Lakhs tion
1 2 3 4 5 6 7 8 9

1.4 Quantities of work executed as prime contractor (in the same name) during the last five
years specified in 1.2 above:

Remarks (Indicate
Year Name of Name of Quantity of work performed contract
Work Employer reference)

2014-15
2015-16
2016-17
2017-18
2018-19

1.5 Information on works for which Tenders have been submitted and works which are
yet to be completed as on the date of this Tender.
 (A) Existing commitments and on-going works:

Value of works21
Name and Value of Stipulated remaining Anticipated
Description Place& Contract No.
Address of Contract(Rs. period of to be date of
of Work State & Date
Employer lakhs) completion completed(Rs. completion
lakhs)
(1) (2) (3) (4) (5) (6) (7) (8)

(B) Works for which Tenders already submitted:

Name and Estimated value Stipulated Date when

Description Place& Remarks
Address of of works(Rs. period of decision is
of Work State if any
Employer lakhs) completion expected
(1) (2) (3) (4) (5) (6) (7)

1.5 Construction equipment owned by the tenderer and equipment proposed to be deployed on this contract, if
awarded;
1.6 Reports on the financial standing of the tenderer, such as profit and loss statements and auditor’s reports for the
last five years;
1.7 Qualification and experience of the key technical and management personnel in permanent employment with the
tenderer and those that are proposed to be deployed on this contract, if awarded.
1.8. Name, address, and telephone, telex, and fax numbers of the Tenderers' bankers who may provide references if
contacted by the Employer.
1.9 Proposals for subcontracting components of works amounting to more than 20% of the contract price [ for each,
the qualifications and experience of the identified sub-contractor in the relevant fields should be attached.]

DELETED

Letter of Acceptance
 (letterhead paper of the Employer)

_____[date]

To: _________________________________________________________________________[name
and
address of the Contractor]

Dear Sirs,

This is to notify you that your Tender dated ____________ for execution of the
_____________________________________________________________________________________
_
[name of the contract and identification number, as given in the Instructions to Tenderers] for the
Contract Price of Rupees ——
___________________________________________________________ (_____________) [amount
in words and figures], as corrected and modified in accordance with the Instructions to Tenderers is
hereby accepted by our Agency.

You are hereby requested to furnish Security deposit, in the form detailed in Para 25.1 of ITT for
an amount of Rs.————— within 20 days of the receipt of this letter of acceptance valid up to 30
days from the date of expiry of Defects Liability Period i.e. up to ............ and sign the contract, failing
which action as stated in Para 25.4 of ITT will be taken.

Yours faithfully,

Authorized Signature

Name and Title of Signatory

Name of Agency
------------------------------------------------------------------------------------------------------------------------------------

Issue of Notice to proceed with the work

(letterhead of the Employer)
(date)
To

—————————————— (name and address of the Contractor)

Dear Sirs:

Pursuant to your furnishing the requisite security deposit as stipulated in ITT Clause 25.1 and
signing of the contract agreement for the construction of —————— 27a Tender Price of Rs.
——————, you are hereby instructed to proceed with the execution of the said works in
accordance with the contract documents.

Yours faithfully,

(Signature, name and title of signatory authorized to sign on behalf of

Employer)

Agreement Form
 Agreement

This agreement, made the ___________________day of ______________20_______,

between________________________________________[name and address of Employer]
(hereinafter called “the Employer”) of the one part and
______________________________________________________[name and address of
contractor] (hereinafter called “the Contractor”) of the other part.

Whereas the Employer is desirous that the Contractor execute _____________________________

__________________________________________________________________________________
__________________________________________________________________________________ [
name and identification number of Contract] (hereinafter called “the Works”) and the Employer has
accepted the Tender by the Contractor for the execution and completion of such Works and the
remedying of any defects therein at a contract price of Rupees...............................

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this Agreement, words and expression shall have the same meanings as are respectively
assigned to them in the Conditions of Contract hereinafter referred to, and they shall be
deemed to form and be read and construed as part of this Agreement.
2. In consideration of the payments to be made by the Employer to the Contractor as hereinafter
mentioned, the Contractor hereby covenants with the Employer to execute and complete the
Works and remedy any defects therein in conformity in all aspects with the provisions of the
Contract.
3. The Employer hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works and the remedying the defects wherein the Contract Price or such
other sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract.
4. The following documents shall be deemed to form and be read and construed as part of this
Agreement, viz:
i) Letter of Acceptance;
ii) Notice to proceed with the works;
iii) Contractor’s Tender;
iv) Contract Data;
v) Conditions of contract (including Special Conditions of Contract);
vi) Specifications;
vii) Drawings;
viii) Bill of Quantities; and
ix) Any other document listed in the Contract Data as forming part of the contract.

In witness whereof the parties thereto have caused this Agreement to be executed the day and year
first before written.

The Common Seal of ___________________________________________________________

was hereunto affixed in the presence of:
Signed, Sealed and Delivered by the said ___________________________________________________
_________________________________________________________________________________

in the presence of:

Binding Signature of Employer _______________________________________________________
Binding Signature of Contractor _____________________________________________________
 SECTION 4: CONDITIONS OF CONTRACT
Table of Contents
A. General
1. Definitions
2. Interpretation
3. Law governing contract
4. Employers decisions
5. Delegation
6. Communications
7. Subcontracting
8. Other Contractors
9. Personnel
10 Employer’s and Contractor’s risks
11 Employer’s risks
12 Contractor’s risks
13 Query about Contract Data
14 Contractor to construct the Works
15 The Works to be completed by Intended Completion Date
16 Safety
17 Discoveries
18 Possession of the Site
19 Access to the Site
20 Instructions
B. Time Control
21 Program
22 Extension of the Intended Completion Date
23 Delays ordered by the Employer
24 Management meetings
C. Quality Control
25 Identifying defects
26 Tests
27 Correction of defects
28 Uncorrected defects

D. Cost Control
29 Bill of Quantities (BOQ)
30 Variations
31 Payment for Variations
32 Submission of bills for payment
33 Payments
34 Compensation events
35 Tax
36 Liquidated damages
37 Cost of repairs
E Finishing of Contract
38 Completion
39 Taking Over
40 Final account
 41 As built drawings
42 Termination
43 Payment upon termination
44 Property
45 Release from performance
F Special Conditions of Contract
 Conditions of Contract

A. General

1. Definitions

1.1 Terms which are defined in the Contract Data are not also defined in the Conditions of
Contract but keep their defined meanings. Bold letters are used to identify defined terms.

Bill of Quantities means the priced and completed Bill of Quantities forming part of the
Tender. Compensation events are those defined in Clause 34 hereunder.
The Completion Date is the date of completion of the Works as certified by the Employer in
accordance with Sub Clause 38.1.
The Contract is the contract between the Employer and the Contractor to execute, complete
and maintain the Works. It consists of the documents listed in Clause 2.3 below.
The Contract Data defines the documents and other information which comprise the
Contract. The Contractor is a person or corporate body whose Tender to carry out the Works
has been accepted by the Employer.
The Contractor's Tender is the completed Tender document submitted by the Contractor to
the Employer.
The Contract price is the price stated in the Letter of Acceptance and thereafter as adjusted in
accordance with the provisions of the Contract.
Days are calendar days; months are calendar months.
A Defect is any part of the Works not completed in accordance with the Contract. The Defects
liability period is the period named in the Contract Data and calculated from the Completion
Date.
The Employer is the party who will employ the Contractor to carry out the Works.
Equipment is the Contractor's machinery and vehicles brought temporarily to the Site to
construct theWorks.
The Initial Contract price is the Contract Price listed in the Employer's Letter of Acceptance.
The Intended Completion Date is the date on which it is intended that the Contractor shall
complete the Works. The Intended Completion Date is specified in the Contract Data. The
Intended Completion Date may be revised only by the Employer by issuing an extension of
time.
Materials are all supplies, including consumables, used by the contractor for incorporation in
theWorks.
Plant is any integral part of the Works which is to have a mechanical, electrical, electronic or
chemicalor biological function.
The Site is the area defined as such in the Contract Data.
Specification means the Specification of the Works included in the Contract and any
modification oraddition made or approved by the Employer.
The Start Date is given in the Contract Data. It is the date when the Contractor shall
commence execution of the works. It does not necessarily coincide with any of the Site
Possession Dates. A Subcontractor-deleted
A Variation is an instruction given by the Employer which varies the Works.
The Works are what the Contract requires the Contractor to construct, install, and turn over
to the Employer, as defined in the Contract Data.

2. Interpretation

2.1 In interpreting these Conditions of Contract, singular also means plural, male also means
female or neuter, and the other way around. Headings have no significance. Words have their
normal meaning under the language of the Contract unless specifically defined. The Employer
will provide instructions clarifying queries about the Conditions of Contract.
2.2 The documents forming the Contract shall be interpreted in the following order of priority:
(1) Agreement
(2) Letter of Acceptance, notice to proceed with the works
(3) Contractor’s Tender
(4) Contract Data
(5) Conditions of Contract
(6) Specifications
(7) Drawings
(8) Bill of quantities and
(9) any other document listed in the Contract Data as forming part of the Contract.
3. Law governing contract

The law governing the Contract is the Laws of India supplanted by the Karnataka Local
3.1 Acts.

4. Employer's decisions
Except where otherwise specifically stated, the Employer will decide contractual matters
4.1 between the
Employer and the Contractor .
5 Delegation
The Employer may delegate any of his duties and responsibilities to other people after
5.1 notifying the
Contractor and may cancel any delegation after notifying the Contractor.
6. Communications

6.1 Communications between parties which are referred to in the conditions are effective only
when in writing. A notice shall be effective only when it is delivered (in terms of Indian
Contract Act).
7. Subcontracting
The Contractor may subcontract with the approval of the Employer but may not assign
7.1 the Contract
without the approval of the Employer in writing. Subcontracting does not alter the
Contractor's
obligations.
8. Other Contractors
The Contractor shall cooperate and share the Site with other contractors, public
8.1 authorities, utilities,
and the Employer.

9. Personnel

9.1 The Contractor shall employ the technical personnel (of number and qualifications) as may be
stipulated by GOK from time to time during the execution of the work. The technical staff so
employed shall be available at site as may be stipulated by the Employer.
9.2 If the Employer asks the Contractor to remove a person who is a member of the Contractor’s
staff or his work force stating the reasons, the Contractor shall ensure that the person leaves
the Site within seven days and has no further connection with the work in the Contract.

10. Employer’s and Contractor's risks

10.1 The Employer carries the risks which this Contract states are Employer’s risks, and the
Contractor carries the risks which this Contract states are Contractor’s risks.

11. Employer's risks

11.1 The Employer is responsible for the excepted risks which are (a) in so far as rebellion, riot
commotion or disorder or (b) a cause due solely to the design of the Works, other than the
Contractor’s design.

12. Contractor’s risks

All risks of loss of or damage to physical property and of personal injury and death which
12.1 arise during
and in consequence of the performance of the Contract other than the excepted risks are
the
responsibility of the Contractor.
13. Queries about the Contract Data
13.1 The Employer will clarify queries on the Contract Data.

14. Contractor to construct the Works

The Contractor shall construct the Works in accordance with the Specification and
14.1 Drawings.

15. The Works to be completed by the Intended Completion Date

The Contractor may commence execution of the Works on the Start Date and complete
15.1 them by the
Intended Completion Date.
16. Safety
16.1 The Contractor shall be responsible for the safety of all activities on the Site.
17. Discoveries
Anything of historical or other interest or of significant value unexpectedly discovered on
17.1 the Site is
the property of the Employer. The Contractor is to notify the Employer of such
discoveries and carry
out the Employer's instructions for dealing with them.
18. Possession of the Site
The Employer shall give possession of all parts of the Site to the Contractor. If possession
18.1 of a part is
not given by the date stated in the Contract Data the Employer is deemed to have
delayed the start of
the relevant activities and this will be Compensation Event.
19. Access to the Site

19.1 The Contractor shall allow the Employer and any person authorized by the Employer access to
the Site, to any place where work in connection with the Contract is being carried out or is
intended to be carried out and to any place where materials or plant are being
manufactured / fabricated / assembled for the works.

20. Instructions

20.1 The Contractor shall carry out all instructions of the Employer which comply with the
applicable laws where the Site is located.

B. Time Control
21. Program
21.1 Within the time stated in the Contract Data the Contractor shall submit to the Employer for
approval a Program showing the general methods, arrangements, order, and timing for all the
activities in the Works.

21.2 The Employer's approval of the Program shall not alter the Contractor's obligations. The
Contractor may revise the Program and submit it to the Employer again at any time. A revised
Program is to show the effect of Variations and Compensation Events.
22. Extension of the Intended Completion Date
22.1 The Employer shall extend the Intended Completion Date if a Compensation Event occurs or a
Variation is issued which makes it impossible for Completion to be achieved by the Intended
Completion Date.
22.2 The Employer shall decide whether and by how much to extend the Intended Completion
Date within 21 days of the Contractor asking the Employer for a decision upon the effect of a
Compensation Event or Variation and submitting full supporting information.

23. Delays ordered by the Employer

The Employer may instruct the Contractor to delay the start or progress of any
23.1 activity within the
Works.
24. Management meetings

24.1 The Employer may require the Contractor to attend a management meeting. The business of a
management meeting shall be to review the progress achieved and the plans for remaining
work.
24.2 The responsibility of the parties for actions to be taken is to be decided by the Employer
either at the management meeting or after the management meeting and stated in writing to
be distributed to all who attended themeeting.
C. Quality Control
25. Identifying defects

25.1 The Employer shall check the Contractor's work and notify the Contractor of any Defects that
are found. Such checking shall not affect the Contractor's responsibilities. The Employer may
instruct the Contractor to search for a Defect and to uncover and test any work that the
Employer considers may have a Defect

26. Tests
26.1 If the Employer instructs the Contractor to carry out a test not specified in the Specification to
check whether any work has a Defect and the test shows that it does, the Contractor shall pay
for the test and any samples. If there is no Defect the test shall be a Compensation Event.

27. Correction of defects

27.1 The Employer shall give notice to the Contractor of any Defects before the end of the Defects
Liability Period, which begins at Completion and is defined in the Contract Data. The Defects
Liability Period shall be extended for as long as Defects remain to be corrected.
27.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect within
the length of time specified by the Employer’s notice.

28. Uncorrected defects

28.1 If the Contractor has not corrected a Defect within the time specified in the Employer’s
notice, the Employer will assess the cost of having the Defect corrected, and the Contractor
will pay this amount.
 D. Cost Control
29. Bill of Quantities (BOQ)
29.1 The BOQ shall contain items for the construction, installation, testing, and
commissioning work to be done by the Contractor.

29.2 The BOQ is used to calculate the Contract Price. The Contractor is paid for the quantity
of the work done at the rate in the BOQ for each item

30. Variations

30.1 The Employer shall have power to order the Contractor to do any or all of the following as
considered necessary or advisable during the progress of the work by him
(a) Increase or decrease of any item of work included in the Bill of Quantities (BOQ);
(b) Omit any item of work;
(c) Change the character or quality or kind of any item of work;
(d) Change the levels, lines, positions and dimensions of any part of the work;
(e) Execute additional items of work of any kind necessary for the completion of the works;
and
(f) Change in any specified sequence, methods or timing of construction of any part of the
work.
30.2 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 by the Employer and such alteration
shall not vitiate or invalidate the contract.
30.3 Variations shall not be made by the Contractor without an order in writing by the Employer,
provided that no order in writing shall be required for increase or decrease in the quantity of
an item appearing in the BOQ so long as the work executed conforms to the approved
drawings.
30.4 The Contractor shall promptly request in writing the Employer to confirm verbal orders and if
no such confirmation is received within 15 days of request, it shall be deemed to be an order
in writing by the Employer.

31. Payments for Variations

31.1 Payment for increase in the quantities of an item in the BOQ up to 25% of that provided in the
Bill of Quantities shall be made at the rates quoted by the Contractor.
31.2 For quantities in excess of 125% of the tendered quantity of an item as given in the BOQ, the
Contractor shall be paid at the rate entered in or derived from in the Schedule of Rates
(applicable for the area of the work and current at the time of award of contract) plus or
minus the overall percentage of the original tendered rates over the current Schedule of
Rates prevalent at the time of award of contract.
31.3 If there is no rate for the additional, substituted or altered item of the work in the BOQ,
efforts would be made to derive the rates from those given in the BOQ or the Schedule of
Rates (applicable for the area of the work and current at the time of award of contract) and if
found feasible the payment would be made at the derived rate for the item plus or minus the
overall percentage of the original tendered rates over the current Schedule of Rates prevalent
at the time of award of contract
31.4 If the rates for additional, substituted or altered item of work cannot be determined either as
at 31.1 or 31.2 or 31.3 above, the Contractor shall be requested to submit his quotation for
the items supported by analysis of the rate or rates claimed, within 7 days.
31.5 If the Contractor's quotation is determined unreasonable, the Employer may order the
Variation and make a change to the Contract Price which shall be based on Employer’s own
forecast of the effects of the Variation on the Contractor's costs.
31.6 If the Employer decides that the urgency of varying the work would prevent a quotation being
given and considered without delaying the work, no quotation shall be given and the
Variation shall be treated as a Compensation Event.
31.7 Under no circumstances the Contractor shall suspend the work on the plea of non-settlement
of rates for items falling under this Clause.

32. Submission of bills for payment

32.1 The Contractor shall submit to the Employer monthly bills of the value of the work completed
less the cumulative amount paid previously.
32.2 The Employer shall check the Contractor's bill and determine the value of the work executed
which shall comprise of (i) value of the quantities of the items in the BOQ completed and (ii)
valuation of Variations and Compensation Events.
32.3 The Employer may exclude any item paid in a previous bill or reduce the proportion of any
item previously paid in the light of later information.

33. Payments
33.1 Payments shall be adjusted for deductions for retention, other recoveries in terms of the
contract andtaxes, at source, as applicable under the law. The Employer shall pay the
Contractor the within 60 days of submission of bill.

33.2 Items of the Works for which no rate or price has been entered in will not be paid for by
the Employer and shall be deemed covered by other rates and prices in the Contract.

34. Compensation events

34.1 The following are Compensation events unless they are caused by the Contractor:
(a) The Employer does not give access to a part of the Site by the Site Possession Date
stated in the Contract Data.
(b) The Employer orders a delay or does not issue drawings, specifications or instructions
required for execution of works on time.
(c) The Employer instructs the Contractor to uncover or to carry out additional tests
upon work which is then found to have no Defects.
(d) The Employer gives an instruction for dealing with an unforeseen condition, caused
by the Employer, or additional work required for safety or other reasons.
(e) The effect on the Contractor of any of the Employer’s Risks.
(f) The Employer unreasonably delays issuing a Certificate of Completion.
(g) Other Compensation Events listed in the Contract Data or mentioned in the Contract.

34.2 If a Compensation Event would cause additional cost or would prevent the work being
completed before the Intended Completion Date, the Contract Price shall be increased and/or
the Intended Completion Date is extended. The Employer shall decide whether and by how
much the Contract Price shall be increased and whether and by how much the Intended
Completion Date shall be extended.

34.3 As soon as information demonstrating the effect of each Compensation event upon the
Contractor's forecast cost has been provided by the Contractor, it is to be assessed by the
Employer and the Contract Price shall be adjusted accordingly. If the Contractor's forecast is
deemed unreasonable, the Employer shall adjust the Contract Price based on Employer’s own
forecast. The Employer will assume that the Contractor will react competently and promptly
to the event.
34.4 The Contractor shall not be entitled to compensation to the extent that the Employer's
 interests are adversely affected by the Contractor not having given early warning or not
having cooperated with the Employer.

35. Tax

35.1 The rates quoted by the Contractor shall be deemed to be inclusive of the sales and other
taxes that the Contractor will have to pay for the performance of this Contract. The Employer
will perform such duties in regard to the deduction of such taxes at source as per applicable
law.

36. Liquidated damages

36.1 The Contractor shall pay liquidated damages to the Employer at the rate per day stated in the
Contract Data for each day that the Completion Date is later than the Intended Completion
Date. The total amount of liquidated damages shall not exceed the amount defined in the
Contract Data. The Employer may deduct liquidated damages from payments due to the
Contractor. Payment of liquidated damages does not affect the Contractor's liabilities.
36.2 If the Intended Completion Date is extended after liquidated damages have been paid, the
Employer shall correct any overpayment of liquidated damages by the Contractor by adjusting
the next payment of bill.

37. Cost of repairs

37.1 Loss or damage to the Works or Materials to be incorporated in the Works between the Start
Date and the end of the Defects Correction periods shall be remedied by the Contractor at
the Contractor's cost if the loss or damage arises from the Contractor's acts or omissions.

E. Finishing the Contract

38. Completion

38.1 The Contractor shall request the Employer to issue a Certificate of Completion of the Works
and the Employer will do so upon deciding that the Work is completed.

39. Taking over

39.1 The Employer shall take over the Site and the Works within seven days of issuing a certificate
of Completion.

40. Final account

40.1 The Contractor shall supply to the Employer a detailed account of the total amount that the
Contractor considers payable under the Contract before the end of the Defects Liability
Period. The Employer shall issue a Defect Liability Certificate and certify any final payment
that is due to the Contractor within 90 days of receiving the Contractor's account if it is
correct and complete. If it is not, the Employer shall issue within 90 days a schedule that
states the scope of the corrections or additions that are necessary. If the Final Account is still
unsatisfactory after it has been resubmitted, the Employer shall decide on the amount
payable to the Contractor and make payment within 60 days of receiving the Contractor’s
revised account.

41. As built drawings

41.1 If “as built”28 Drawings are required, the Contractor shall supply them by the dates stated in
the Contract Data.
41.2 If the Contractor does not supply the Drawings by the dates stated in the Contract Data, or
 they do not receive the Employer’s approval, the Employer shall withhold the amount stated
in the Contract Data from payments due to the Contractor.

42. Termination

42.1 The Employer or the Contractor may terminate the Contract if the other party causes a
fundamental breach of the Contract.
42.2 Fundamental breaches of Contract include, but shall not be limited to the following:
(a) the Contractor stops work for 45 days when no stoppage of work is shown on the
current Program and the stoppage has not been authorized by the Employer;
(b) the Employer instructs the Contractor to delay the progress of the Works and the
instruction is not withdrawn within 60 days;
(c) The Contractor becomes bankrupt or goes into liquidation other than for a
reconstruction or amalgamation;
(d) a payment due to the Contractor is not paid by the Employer within 90 days of the
date of the submission of the Bill by Contractor;
(e) the Employer gives Notice that failure to correct a particular Defect is a fundamental
breach of Contract and the Contractor fails to correct it within a reasonable period
of time determined by the Employer;
(f) the Contractor does not maintain a security which is required;
(g) the Contractor has delayed the completion of works by the number of days for which
the maximum amount of liquidated damages can be paid as defined in the
Contract data; and
(h) if the Contractor, in the judgment of the Employer has engaged in corrupt or
fraudulent practices in competing for or in the executing the Contract.
For the purpose of this paragraph : “corrupt practice” means the offering, giving,
receiving or soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution. “Fraudulent practice”
means a misrepresentation of facts in order to influence a procurement process or
the execution of a contract to the detriment of the Borrower, and includes
collusive practice among Tenderers (prior to or after Tender submission) designed
to establish Tender prices at artificial non- competitive levels and to deprive the
Borrower of the benefits of free and open competition.”
42.3 When either party to the Contract gives notice of a breach of contract to the Employer for a
cause other than those listed under Sub Clause 42.2 above, the Employer shall decide
whether the breach is fundamental or not.
42.4 Notwithstanding the above, the Employer may terminate the Contract for convenience.
42.5 If the Contract is terminated the Contractor shall stop work immediately, make the Site safe
and secure and leave the Site as soon as reasonably possible.

43. Payment upon Termination

43.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor,
the Employer shall prepare bill for the value of the work done less advance payments
received up to the date of the bill, less other recoveries due in terms of the contract, less
taxes due to be deducted at source as per applicable law and less the percentage to apply to
the work not completed as indicated in the Contract Data. Additional Liquidated Damages
shall not apply. If the total amount due to the Employer exceeds any payment due to the
Contractor the difference shall be a debt payable to the Employer.

43.2 If the Contract is terminated at the Employer's convenience or because of a fundamental

breach of Contract by the Employer, the Employer shall prepare bill for the value of the work
done, the reasonable cost of removal of Equipment, repatriation of the Contractor's
personnel employed solely on the Works, and the Contractor's costs of protecting and
 securing the Works and less advance payments received up to the date of the certificate, less
other recoveries due in terms of the contract, and less taxes due to be deducted at source as
per applicable law and make payment accordingly.

44. Property
44.1 All materials on the Site, Plant, Equipment, Temporary Works and Works are deemed to be
the property of the Employer, if the Contract is terminated because of a Contractor’s default.

45. Release from performance

45.1 If the Contract is frustrated by any event entirely outside the control of either the Employer
or the Contractor the Employer shall certify that the Contract has been frustrated. The
Contractor shall make the Site safe and stop work as quickly as possible after receiving this
certificate and shall be paid for all work carried out before receiving it and for any work
carried out afterwards to which commitment was made
 F. Special Conditions of Contract

1. Labour :

The Contractor shall, unless otherwise provided in the Contract, make his own
arrangements for the engagement of all staff and labour, local or other, and for their
payment, housing, feeding and transport.

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

2. Compliance with labour regulations :During continuance of the contract, the Contractor
and his sub contractors shall abide at all times by allexisting labour enactments and rules
made there under, regulations, notifications and bye laws of the State or Central
Government or local authority and any other labour law (including rules), regulations, bye
laws that may be passed or notification that may be issued under any labour law in future
either by the State or the Central Government or the local authority. The Contractor shall
keep the Employer indemnified in case any action is taken against the Employer by the
competent authority on account of contravention of any of the provisions of any Act or
rules made there under, regulations or notifications including amendments. If the
Employer is caused to pay or reimburse, such amounts as may be necessary to cause or
observe, or for non-observance of the provisions stipulated in the notifications/bye
laws/Acts/Rules/regulations including amendments, if any, on the part of the Contractor,
Employer shall have the right to deduct any money due to the Contractor including his
amount of security deposit. The Employer shall also have right to recover from the
Contractor any sum required or estimated to be required for making good the loss or
damage suffered by the Employer.The employees of the Contractor and the Sub-
Contractor in no case shall be treated as the employees of the Employer at any point of
time.

3. Protection of Environment:

The contractor shall take all reasonable steps to protect the environment on and off the
Site and to avoid damage or nuisance to persons or to property of the public or others
resulting from pollution, noise or other causes arising as a consequence of his methods of
operation. During continuance of the contract, the contractor and his sub-contractors
shall abide at all times by all existing enactments on environmental protection and rules
made there under, regulations, notifications and bye-laws of the State or Central
Government, or local authorities and any other law, bye-law, regulations that may be
passed or notification that may be issued in this respect in future by the State or Central
Government or the local authority.
 SECTION 5: CONTRACT DATA

Items marked "N/A" do not apply in this Contract

Clause
The following documents are also part of the Contract:
Reference

The Employer is :

Name: Commissioner [1.1]

Address: CITY MUNICIPAL COUNCIL, KARWAR,

Name of authorized AEE

Representative: CITY MUNICIPAL COUNCIL, KARWAR

The name and identification number of the Contract is [1.1]

The Works consist of Roads as specified in the cover page of this book let

The start date shall be One week from the date of issue of notice to proceed [1.1]
with the work.
The Intended Completion Date for the whole of the Works is 2 Months [15,22]

The following documents also form part of the Contract: [2.2]

The Site Possession Date is: One Week after date of issue of notice to proceed [18]
with the work.
The Site is located at HUNSUR, LIMITS and is defined in drawings attached . [1.1]

The Defects Liability Period is 730 days. [27]

The liquidated damages for the whole of the works is Rs [36]

(0.1 % contract price) per day
The maximum amount of liquidated damages for the whole of the works [36]
(10% of Contract Price)
The date by which “as-built” drawings in 2 sets are required is within 30 days of [41]
issue of certificate of completion
The amount to be with held for failing to supply “as built” drawings by the date [41]
required is Rs.
The following events shall also be fundamental breach of the contract : [42.2]

1. The contractor has contravened Sub-clause 7.1 and Clause 9 of CC.

The percentage to apply to the value of the work not completed representing the [43.1]
Employer's additional cost for completing the Works shall be 30 percent.
 SECTION 6: SPECIFICATIONS

------------Refer E Procurement Portal-----------------------------------

SECTION 7: DRAWINGS
 ------------Refer E Procurement Portal-----------------------------------

SECTION 8: BILL OF QUANTITIES

Rate (Rs)

Sl. No. Description of item Quantity Unit In figures In words Amoun

(with brief t (Rs)
specification and
reference to Book of
specification)

Please refer in E-procurement portal.

Total Tender Price (in figures)………………………………………………………………… (in words)

Note:

(1) Item for which no rate or price has been entered in will not be paid for by the Employer when
executed and shall be deemed covered by the other rates and prices in the Bill of
Quantities (refer: ITB Clause 11.2 and CC Clause 37.2).

(2) Unit rates and prices shall be quoted by the Tenderer in Indian Rupees.

(3) Where there is a discrepancy between the rate in figures and words, the lower of the two will
govern. [ITT Clause 24.1(a)]

(4) Where there is a discrepancy between the unit rate and the line item total resulting from
multiplying the unit rate by quantity, the unit rate quoted shall govern [ITT Clause 24.1 (b)]

SECTION 9: FORMAT OF BANK GUARANTEE FOR SECURITY DEPOSIT

To: ______________________________________________ [name of Employer]

_________________________________________ [address of Employer]

WHEREAS _________________________ [name and address of Contractor] (hereinafter called "the

Contractor") has undertaken, in pursuance of Contract No. _____ dated ________________ to execute
__________________________ [name of Contract and brief description of Works] (hereinafter called "the
Contract");
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you with a
Bank Guarantee by a recognized bank for the sum specified therein as security for compliance with his
obligations in accordance with the Contract;

AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee;

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of the
Contractor, up to a total of Rs.____________________ [amount of guarantee]
37
_Rupees__________________________ __________________________[in words], and we undertake to pay
you, upon your first written demand and without cavil or argument, any sum or sums within the limits of
38
____________________ [amount of guarantee] as aforesaid without your needing to prove or to show
grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the Contractor before presenting us with
the demand.

We further agree that no change or addition to or other modification of the terms of the Contract or of the
Works to be performed there under or of any of the Contract documents which may be made between you and
the Contractor shall in any way release us from any liability under this guarantee, and we hereby waive notice of
any such change, addition or modification.

This guarantee shall be valid until 30 days from the date of expiry of the Defects Liability Period.

Signature and seal of the guarantor _____________________________

Name of Bank ____________________________________________
Address ____________________________________________
Date ____________________________________________
37