KDEM Kw-4 Works Tender Document 2
KDEM Kw-4 Works Tender Document 2
KDEM Kw-4 Works Tender Document 2
K/W-4
G O V E R N M E N T OF K A R N A T A K A
For
Civil & Interior works of “Global Technology Centre” Plug & Play
facility @ Mandakalli, Mysuru.
TENDER REFERENCE:
No: KRIDL/WKS/TND/KDEM/24-25/
Contents
Section Description Page
No.
3. QUALIFICATION INFORMATION 14
6. CONTRACT DATA 34
7 SPECIFICATIONS 40
8 DRAWINGS 41
9. BILL OF QUANTITIES 42
1. Tender for the following works on item rate basis are invited by the Chief Engineer, (Bengaluru), Karnataka
Rural Infrastructure Development Limited Bangalore on behalf of the Managing Director, KRIDL, from the
registered Class-1 contractors of CPWD / KPWD / Railways / MES / any reputed registered companies and
any State Government Organizations may apply through e-procurement portal as per schedule of events.
Two cover tender procedure as per rule 28 of KTPP act shall be followed. Technical bids will be opened
first and the financial bid will be opened only if the tenderer is found to be qualified in technical bid to
execute the tendered work. The tenderer are advised to note the minimum qualification criteria specified in
Cl. 3 of the instructions to the tenderer to qualify the award of contract.
3. Tenders must be accompanied by earnest money deposit specified for the work in the Table below. Earnest
money deposit will have to be in any one of the forms as specified in the Tender document and shall have to
be valid for 45 days beyond the validity of the tender.
4. A Pre-tender meeting will be held on 22/07/2024 at 12:30 hours at the office of KRIDL Head office to
clarify the issues if any, and to answer questions on any matter that may be raised at that stage as stated in
Clause 8.2 of ‘Instructions to Tenderers’ of the tender document.
TABLE
Cost of
Appx.
EMD tender Period of
Sl. Amount put
Name of Work (Rs. In formRs. completio
No to tender
Lakhs) (Non- n
(Rs. In Lakhs)
refundable)
Civil & Interior works of
2076.45 As per e-
“Global Technology
(Inclusive of Procuremen
1 Centre” Plug & Play 20.00 08 months
GST) t Portal
facility @ Mandakalli,
Mysuru
Calendar of events:
1. Last Date & Time for receipt of Tenders:06/08/2024up to 16:00hrs
2. Opening of Technical bid : 08/08/2024 @ 16.00 hrs.
3. Opening of Financial Bid: 12/08/2024 @ 16.00 hrs.
Essential Conditions:
1. The Tender Notification along with Blank Tender Form will be accessible in the website of e-
Procurement Platform (https://kppp.karnataka.gov.in/) website.
2. Tender documents may be downloaded from Government of Karnataka e-Procurement
website https://kppp.karnataka.gov.in/ under login for Contractors. Aspiring Bidders /
Contractors who have not registered in e-procurement should register before participating
through the website https://eproc.karnataka.gov.in or contact e-Procurement Helpdesk at
080 – 25501216 / 25501227
3. The Tender will remain valid for 90 Days from the Date of Opening of Tender.
4. The tenderer will have to execute an agreement with KRIDL within Twenty days of receipt of
intimation of Letter of Acceptance, failing which his tender will be summarily rejected
without giving any further Notice.
5. The Contractor / Agency shall intimate the change, if any, in any of the addresses, in
advance or maximum within one week of such change along with acknowledgement of noting
down of such change in address from the bank, Income tax etc. Failure to do so liability lies
on the Contractor / Agency what so ever.
6. The Work shall be commenced with all men, material tools and plants within 7 days from the
date of Work Order, failing to which it would be presumed that the tenderer is not interested
in the work and action will be taken to get the work executed through alternate agency at the
risk and cost of the former tendered.
7. The defect liability period is1 Year from the date of handing over of project completed in all
respects.
8. EMD of the successful tenderer/bidder will be refunded only after the tenderer has signed the
Agreement and furnished the 5% Security deposit and amount of unbalanced tender if any.
9. The Tenderers are advised to note the minimum qualification criteria as specified in clause 3
of the Instructions to Tenderers to qualify for award of the contract also Tenderers are
advised to go through the Standard Bid Documents.
10.Any Corrigendum / Modification will be notified in the Notice Board of the Undersigned / in
e-procurement portal.
11.The KRIDL reserves the right to accept/reject any or all tenders without assigning any
reasons what so ever.
12.The rates to be quoted in the schedule shall be inclusive of all statutory prevailing taxes
applicable, Including GST.
13.As per Government Circular No. CI 226 MMN 2006 Dt: 04.12.07 the contractors are liable to
pay Royalty in terms of the contract if they are not able to produce the materials purchased
document / MDP’s from where they purchase. The applicable Royalty charges as prescribed
by the concerned department, Government of Karnataka will be deducted in every running
bill.
14.Black Listed Contractors / in Govt. / Quasi Govt. / Boards / BENGALURU etc., are not
eligible to quote, if found such Tenders will be rejected.
15.All the participants should produce all the original documents for verification whenever
necessary.
16.The work shall be carried out as per the directions of KRIDL & Karnataka Digital Economy
Mission (KDEM-Entrusting Agency/Owner) under the technical supervision of PMC
appointed by KRIDL and if necessary in coordination with Local Authorities,
KPTCL/CHESCOM, Karnataka Fire and Emergency services, Other Agencies and Engineer
in charge of Work.
17.Within 7 days of receipt of the Letter of Acceptance, the tenderer shall deliver to the
Employer a Performance Guarantee Security Deposit of Tendered Amount in the form of DD
drawn in favor of Managing Director, KRIDL, Bangalore, payable at Bangalore from
Nationalized / Scheduled bank for an amount equivalent to 5% of the Contract price or Bank
Guarantee issued by Nationalized / Scheduled bank for an amount equivalent to 5% of the
Contract price which is valid until 30 days from date of expiry of Defect Liability Period .
Failing which the Earnest Money Deposit (EMD) will be forfeited and the second lowest
K/W-4 Global Technology center at Mandakalli, Mysuru
5
tenderer will be called for negotiation. Further, the decision of the Managing Director, KRIDL
shall be final and binding.
18.Conditional Tenders will not be entertained and they will be summarily rejected.
19.Further particulars can be obtained from the office of Chief Engineer (Bengaluru), KRIDL,
Bangalore during the working days between 02.00 P.M. to 4.30 P.M.
20.The detailed terms and conditions is narrated in tender document. All other details regarding
the tender are uploaded in the e-portal.
Sd/-
Chief Engineer (Bengaluru),
KRIDL, Bangalore
Table of Clauses
1. Scope of Tender 5
2. Eligible Tenderers 5
3. Qualification of the Tenderer 5
4. One Tender per Tenderer 6
5. Cost of Tendering 6
6. Site Visit 7
B. Tender Documents
C. Preparation of Tenders
D. Submission of Tenders
F. Award of contract
A. General
1. Scope of Tender
1.1 The KRIDL (Referred to as Employer in these documents) invites tenders on behalf of KDEM
(Karnataka Digital Economy Mission), Bengaluru 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).
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.
3.1 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.
2019-20 to 2023-24)3
(a) achieved in at least two financial years a minimum financial turnover (in all classes of civil
engineering construction works only) of Rs.50.00 Crore (usually not less than two times the
estimated annual payments under this contract)*;
(b) satisfactorily completed(at least 90% of the contract value), as prime contractor, at least one
similar work 5of value not less than Rs.20.00Crore6(usually not less than80% estimated value of
contract)*
(c) executed in any one year, the following minimum quantities of work:7
(a) liquid assets and /or availability of credit facilities of no less than Rs.900.00 Lakhs (Credit
lines/ letter of credit/ certificates from banks for meeting the fund requirement etc. (usually the
equivalent of the estimated cash flow for three months in the peak construction period)*
3.4 To qualify for this tender invited in this IFT, the Tenderer must demonstrate having experience
and resources to meet the aggregate of the qualifying criteria for contract.
3.5 Sub-contractors’ experience and resources shall not be taken into account in determining the
Tenderer’s compliance with the qualifying criteria except to the extent stated in 3.2 (d) and (e) above.
3.6 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:
A = Maximum value of civil engineering works executed in any one year during the last five years
(updated to ———— 11 price level) taking into account the completed as well as works in
progress.
N = Number of years prescribed for completion of the works for which tenders are invited.
B = Value, at ———— 12price level, of existing commitments and on-going works to be completed
during the next.......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 the
stipulated 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.
3.7 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.
4.1 NA
5. Cost of Tendering:
5.1 The tenderer shall bear all costs associated with the preparation and submission of his tender, and the
Employer will in no case be responsible and liable for those costs.
6. Site visit:
6.1 The Tenderer at his own responsibility and risk is encouraged to visit and examine the Site of Works
and its surroundings and obtain all information that may be necessary for preparing the Tender and
entering into a contract for construction of the Works. The cost of visiting the Site shall be at the
Tenderer’s own expense.
B. Tender documents
7.1 The set of tender documents shall have all the Sections given in Page 2:
7.2 Both the sets should be completed and returned with the tender.
8.1 A prospective tenderer requiring any clarification of the tender documents may notify the Employer in
writing or by email at the Employer’s address indicated in the invitation to tender. The Employer will
respond to any request for clarification which he receives earlier than 15 days prior to the deadline for
submission of tenders. Copies of the Employer’s response will be forwarded to all purchasers of the
tender documents, including a description of the enquiry but without identifying its source
8.2.1 The tenderer or his authorized representative is invited to attend a pre-tender meeting which will take
place at office of the Chief Engineer (BENGALURU), KRIDL, Bangalore
8.2.2 The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be
raised at that stage
8.2.3 The tenderer is requested to submit any questions in writing or by email to reach the Employer not
later than one week before the meeting.
8.2.4 Minutes of the meeting, including the text of the questions raised (without identifying the source of
enquiry) and the responses given will be displayed in the web site. Any modification of the tender
documents listed in Sub-Clause 7.1 which may become necessary as a result of the pre-tender meeting
shall be made by the Employer exclusively through the issue of an Addendum pursuant to Clause 9
and not through the minutes of the pre-tender meeting.
8.2.5 Non-attendance at the pre-tender meeting will not be a cause for disqualification of a tenderer.
9.1 Before the deadline for submission of tenders, the Employer may modify the tender documents by
issuing addenda.
9.2 9.2 Any addendum thus issued shall be part of the tender documents and shall be
communicated in writing or by e-mail to all the purchasers of the tender documents.
9.3 9.3 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 16.2 below.
C. Preparation of Tenders
10.1 The tender submitted by the Tenderer shall be in two covers and shall contain the documents as
follows::
10.1.1 First Cover :
(a) Earnest Money Deposit;
(b) Qualification Information as per formats given in Section 3;
10.1.2 Second Cover:
(a) The Tender (in the format indicated in Section 4)
(b) Priced Bill of Quantities (Section 9);
and any other materials required to be completed and submitted by Tenderers in accordance with these
instructions. The documents listed under Sections 3, 4, 6 and 9 shall be filled in without exception.
10.2 -NA-(Not Applicable)
11.1 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.
11.2 The Tenderer shall fill in rates and prices and line item total (both in figures and words) for all items of
the Works described in the Bill of Quantities along with total tender price (both in figures and words).
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. Corrections, if any, shall be made by crossing out, initialing, dating and rewriting.
11.3 All duties, taxes, and other levies payable by contractors under the contract or any other cause shall
be included in the rates including GST, Prices and total tender price submitted by the tenderer.
11.4 The rates and prices quoted by the Tenderer shall be subject to adjustment during the performance of
K/W-4 Global Technology center at Mandakalli, Mysuru
10
the Contract in accordance with the provisions of Clause of the Conditions of Contract.
11.5 The rates quoted shall be inclusive of providing barricade, putting up danger light, watchman etc.,
complete and maintaining the same till the completion of work and removing on completion as per
directions of the KRIDL officer-in-charge of the work until handing over of possession to KRIDL.
11.6 The rates quoted for all item of works shall be inclusive of Water, Power etc.,required during
construction
11.7 Rates quoted for all the items of the Bill of quantities or Schedule ‘B’ shall be inclusive of cost of all
material, Labour, curing, equipment’s with all lead, lift, loading, unloading, stacking, transportation,
hire charges of machinery, fixtures and all other incidental charges required for successful
completion of work and as directed by the Engineer-in-Charge of work & PMC consultants.Under no
circumstances no extra charges will be paid on this account.
12.1 Tenders shall remain valid for a period not less than ninety days after the deadline date for tender
submission specified in Clause 16. A tender valid for a shorter period shall be rejected by the
Employer as non-responsive.
12.2 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 mail. 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 13 in all respects.
13.2 Instruments having fixed validity issued as earnest money deposit for the tender shall be valid for 45
days beyond the validity of the tender.
13.3 Any tender not accompanied by an acceptable earnest money deposit and not secured as indicated in
Sub-Clauses 13.1 and 13.2 above shall be rejected by the Employer as non-responsive.
13.4 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.
13.5 When the Tenderer has signed the Agreement and furnished the required Performance Guarantee
Security Deposit, the earnest money deposit of the Tenderer will be held as additional deposit by the
Employer till the completion of the work and defect liability period
13.6 The earnest money deposit may be forfeited:
(a) if the Tenderer withdraws the Tender after tender opening during the period of tender validity;
(b) if the Tenderer does not accept the correction of the Tender Price, pursuant to Clause 24; or
(c) 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
14.1 The Electronic Tendering System for the Construction of Work comprises of two Stages (i)
Technical Bid and (ii) Financial Bid. The Tenderers are required to submit the Tender
Documents in two stages electronically.
14.2 The original and a copy of the Tender shall be typed or written in indelible ink and shall be signed by a
person or persons duly authorized to sign on behalf of the Tenderer. All pages of the tender where
entries or amendments have been made shall be initialed by the person signing the tender
14.3 The Tender shall contain no alterations or additions, except those to comply with instructions issued by
the Employer, or as necessary to correct errors made by the Tenderer, in which case such corrections
shall be initialed by the person signing the Tender.
D. Submission of Tenders
15.1 The Tenderer shall access Tender Documents, fill them and submit the Completed Tender Document
as stated in Clause 10 through Website of e – Procurement itself (https://kppp.karnataka.gov.in/). The
Signed, Sealed and Scanned Copy of all the Documents as stated in Clause 10 shall be attached to the
e – Tender Document, failing which the Bid will not be considered. It is the Responsibility of the
Tenderer to submit all the Documents pertaining to Eligibility Criteria / Qualification Information /
Design Details with due diligence. All the Pages of the Document shall be serially numbered with an
Index for ready reference.
15.2 15.2 No Physical Documents shall be considered. Further, the Tenderer shall submit a Hard Copy of
the Technical Bid already submitted through e– Procurement within 7 days of Tender
Submission through e– Procurement to the Office of the Office of the Chief Engineer (Bengaluru),
KRIDL, Bangalore during Working Hours. The Tenderers shall also produce all the Original
Documents for Verification whenever necessary.
16.2 The Employer may extend the deadline for submission of tenders by issuing an amendment in
accordance with Clause 9, 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.
17.1 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.
Any tenderer trying to submit the Tender after Deadline will not be accepted in the e –
Procurement.
19. Opening of First Cover of all Tenders and evaluation to determine qualified Tenderers:
19.1 The Employer will open the Technical Bids of all the Tenders received in the e – Procurement Portal in
the presence of the Tenderers or their Representatives who choose to attend as per portal at Office of
the Chief Engineer(BENGALURU), KRIDL, Bangalore.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.
19.2 –NA-
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12
19.3 The Tenderers’ Names, the Presence or Absence of Earnest Money Deposit (Amount, Format and
Validity), the Submission of Qualification Information and such other Information as the Employer
may consider Appropriate will be announced by the Employer at the Opening.
19.4 The Employer shall prepare minutes of the Tender opening, including the information disclosed to
those present in accordance with Sub-Clause 19.3.
19.5 –NA-
19.6 The Employer will evaluate and determine whether each tender (a) meets the eligibility criteria defined
in ITT Clause 2; (b) is accompanied by the required earnest money deposit as per stipulations in ITT
Clause and (c) meets the minimum qualification criteria stipulated in ITT Clause 3. The Employer will
draw out a list of qualified Tenderers.16
21.1 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.
22 Clarification of Tenders
22.1 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 email, but no change in the price or
substance of the Tender shall be sought, offered, or permitted except as required to confirm the
correction of arithmetic errors discovered by the Employer in the evaluation of the Tenders in
accordance with Clause 24.
22.2 Subject to sub-clause 22.1, 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.
22.3 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.
23.1 Prior to the detailed evaluation of Tenders, the Employer will determine whether each Tender; (a) has
been properly (digitally) signed; and; (b) is substantially responsive to the requirements of the Tender
documents.
23.2 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.
23.3 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.
24.1 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 govern17; 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.
24.2 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 13.6 (b).
25.1 The Employer will evaluate and compare only the Tenders determined to be substantially responsive in
accordance with Clause 23.
25.2 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 24; and
(b) making appropriate adjustments to reflect discounts or other price modifications offered in
accordance with Sub Clause 18.5.
25.3 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.
25.4 The estimated effect of the price adjustment conditions under Clause 41 of the Conditions of Contract,
during the implementation of the Contract, will not be taken into account in tender Evaluation
DELETED
25.5 If the tender of the successful tenderer is seriously unbalanced in relation to the Employer’s estimate of
the cost of the work to be performed under the contract, the Employer may require the Tenderer to
produce detailed price analyses for any or all items of the Bill of Quantities, to demonstrate the internal
consistency of those prices with the construction methods and schedule proposed. After evaluation of
the price analyses, the Employer may require that the amount of the performance security set forth in
Clause 29 be increased at the expense of the successful Tenderer to a level sufficient to protect the
Employer against financial loss in the event of default of the successful under the contract.
F. Award of Contract
26. Award criteria
26.1 Subject to Clause 27, 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.
27. Employer's right to accept any Tender and to reject any or all Tenders
27.1 Notwithstanding Clause 26, 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.
28.1 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, e-mail 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,
K/W-4 Global Technology center at Mandakalli, Mysuru
14
and maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter and in the
Contract called the "Contract Price").
28.2 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 29.
28.3 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.
28.4 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.
29.1 Within 7 days of receipt of the Letter of Acceptance, the Tenderer shall deliver to the Employer a
Performance Guarantee 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
Clause 25.5 of ITT and Clause 43 of the Conditions of Contract for all works.:
- Banker’s cheque/Demand draft,/Pay Order in favor of TheManagingDirector,KRIDL, Bangalore or
Bank Guarantee issued by Nationalized / Scheduled bank for an amount equivalent to 5% of the
Contract price which is valid until 30 days from date of expiry of Defect Liability Period
- A Bank guarantee in the form given in Section 10; or
In addition to the above initial Performance Guarantee Security deposit the employer shall deduct
from the running account bills, an amount of 5% of the total value of each running bill as an
additional security deposit subject to condition that the total amount of such deductions together with
the amount of initial performance guarantee security deposit shall not exceed 10% of total contract
value.
29.2 If the security deposit is provided by the successful Tenderer in the form of a Bank Guarantee, it shall
be issued either by a Nationalized/Scheduled bank. DELETED.
29.3 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.
29.4 Failure of the successful Tenderer to comply with the requirements of Sub-Clause 29.1 shall constitute
sufficient grounds for cancellation of the award and forfeiture of the Earnest money deposit.
30.1 The Employer will provide an advance payment on the contract price as stipulated in the Conditions of
Contract, subject to the maximum amount as stated in the Contract Data. DELETED.
31.1 The KRIDL 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,
KRIDL :
(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
KRIDL contract if it at any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for, or in executing, a KRIDL contract.
31.2 Furthermore, Tenderers shall be aware of the provision stated in sub-clause 50.2 of the Conditions of
Contract.
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.
Place of Registration
(Attach Copy)
Principal place of business:
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.
Project Name of Descrip- Contract Value of Date of Specified Actual date of Remarks explaining reasons
Name Employer -tion of Number contract issue of period of completion for delay in completion of work
Work Rs. Lakhs work completion
order
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:
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:
Description Place Contract No. Name Value of Stipulated Value of works21 Anticipated
of & & Date and Contract period of remaining to be date of
Work State Address (Rs. lakhs) completion completed completion
of Employer (Rs. lakhs)
(1) (2) (3) (4) (5) (6) (7) (8)
1.6. The following items of equipment are considered essential for successfully carrying out the works. The
Tenderer should furnish all the information listed below.
1.7 Reports on the financial standing of the tenderer, such as profit and loss statements and auditor’s
reports for the last five years;
1.8 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.
1.9. Name, address, and telephone, telex, and fax numbers of the Tenderers' bankers who may provide
references if contacted by the Employer.
1.10 Evidence of access to financial resources to meet the qualification requirement specified in ITT
Clause3.3 (b): Cash in hand, Letter of Credit etc. List them below and attach certificate from the
Banker in the suggested format as under:
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, namely ................................................. (name of the work) is
awarded to the above firm, we shall be able to provide overdraft/credit facilities to the extent of Rs.
… ............... to meet the working capital requirements for executing the above contract
Sd/-
Name of the Bank, Senior Bank Manger
Address:……………………………….
1.11 Proposals for subcontracting components of works amounting to more than 20% of the contract price .
DELETED
Other Party (ies) Employer Details of dispute Amount involved Remarks showing present status
1.13 The proposed methodology and program of construction, backed with equipment planning and
deployment, duly supported with broad calculations and quality control procedures proposed to be
adopted, justifying their capability of execution and completion of the work as per technical
specifications within the stipulated period of completion as per milestones.
Form of Tender
Description of the Works: Civil and Interior work of “Global Technology Center Plug and Play” facility at Mandakalli,
Mysuru
24
Tender
To : The Chief Engineer (BENGALURU),
KRIDL, GraminabhirudhiBhavan,
4th Floor, AnandaRao Circle,
Bengaluru-560009
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.
Yours faithfully,
Authorized Signature:
Name of Tenderer
Address:
24
To be filled in by the Employer before issue of the Tender document
25
To be filled in by the Employer before issue of the Tender document
26 To be filled in by the Tenderer, together with his particulars and date of submission at the bottom of the Form of Tender
Letter of Acceptance
(letterhead paper of the Employer)
[date]
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 plus additional security for unbalanced tenders in terms of
Clause 25.5 of ITT, in the form detailed in Clause 29.1 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 29.4 of ITT will be taken.
Yours faithfully,
Authorized Signature
Name of Agency
——————————————
——————————————
Dear Sirs:
Pursuant to your furnishing the requisite security deposit as stipulated in ITT Clause 29.1 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,
27
Name of the Contract
Agreement Form
Agreement
[
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...............................
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.
1. Definitions 21
2. Interpretation 21
3. Law governing contract 22
4. Employers decisions 22
5. Delegation 22
6. Communications 22
7. Subcontracting 22
8. Other Contractors 22
9. Personnel 22
10. Employer’s and Contractor’s risks 22
11. Employer’s risks 22
12 Contractor’s risks 23
13. Insurance 23
14. Site Investigation Report 23
15 Query about Contract Data 23
16 Contractor to construct the Works 23
17. The Works to be completed by Intended Completion Date 23
18 Approvals by the Employer 24
19. Safety 24
20. Discoveries 24
21. Possession of the Site 24
22. Access to the Site 24
23. Instructions 24
24. Procedure for resolution of disputes 24
B. Time Control
25. Program 24
26. Extension of the Intended Completion Date 25
27. Delays ordered by the Employer 25
28. Management meetings 25
C. Quality Control
D. Cost Control
E Finishing of Contract
45. Completion 29
46. Taking Over 29
47. Final account 29
48. As built drawings and/or Operating and Maintenance Manuals 29
49. Termination 29
50 Payment upon termination 30
51. Property 30
52. Release from performance 30
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 38 hereunder.
The Completion Date is the date of completion of the Works as certified by the Employer in
accordance with Sub Clause 46.1.
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 2.2 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 the
Works.
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 the
Works.
Plant is any integral part of the Works which is to have a mechanical, electrical, electronic or chemical
or 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 or
addition 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 is a person or corporate body who has a Contract with the Contractor to carry out a
part of the work in the Contract which includes work on the Site.
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.
3.1 The law governing the Contract is the Laws of India supplanted by the Karnataka Local Acts.
4. Employer's decisions
4.1 Except where otherwise specifically stated, the Employer will decide contractual matters between the
Employer and the Contractor .
5. Delegation
5.1 The Employer may delegate any of his duties and responsibilities to other people after 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
7.1 The Contractor may subcontract with the approval of the Employer but may not assign the Contract
without the approval of the Employer in writing. Subcontracting does not alter the Contractor's
obligations. (Deleted Sub Contracting Not allowed)
8. Other Contractors
8.1 The Contractor shall cooperate and share the Site with other contractors, public 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 KRIDL 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.
The contractor has to make his own arrangements for establishing a site office with store
room at site to accommodate the below Mentioned their technical staff
Engineer
8 PHE Engineers 1 B.E in Civil Engineering with 10 Years
Specialization in PHE
9 Mechanical Engineer 1 B.E in Mechanical Engineering with 5 Years
specialization in Lifts
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.
*Failing which after rising consecutive notices to you, the added security deposit as decided by
employer will be deducted.
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.
11.1 The Employer is responsible for the excepted risks which are:
(a) rebellion, riot commotion or disorder unless solely restricted to employees of the Contractor or his
Sub-Contractors arising from the conduct of the Works; or
(b) a cause due solely to the design of the Works, other than the Contractor’s design; or
(c) any operation of the forces of nature (in so far as it occurs on the Site) which an experienced
contractor:
(i) could not have reasonably foreseen; or
(ii) could reasonably have foreseen, but against which he could not reasonably have taken at
least one of the following measures;
(A) prevent loss or damage to physical property from occurring by taking appropriate
measures or
(B) insure against such loss or damage
12.1 All risks of loss of or damage to physical property and of personal injury and death which arise during
and in consequence of the performance of the Contract other than the excepted risks are the
responsibility of the Contractor.
13. Insurance:
13.1 The Contractor shall prior to commencing the works, effect and thereafter maintain insurances , in the
joint names of the Employer and the Contractor, (cover from the first working day after the Start Date
to the end of Defects Liability Period), in the amounts stated in the Contract Data :
(a) for loss of or damage to the Works, Plants and Materials and the Contractor’s equipment;
(b) for liability of both Parties for loss, damage, death and injury to third parties or their property
arising out of the Contractor’s performance of the Contract including the Contractor’s liability for
damage to the Employer’s property other than the Works and
(c) for liability of both Parties and of any Employer’s representative for death and injury to the
Contractor’s personnel except to the extent that liability arises from the negligence of the
Employer, any Employer’s representative or their Employees.
13.2 Policies and certificates for insurance shall be delivered by the Contractor to the Employer for his
approval before the Start Date. All such insurance shall provide for compensation to be payable to
rectify the loss or damage incurred. All payments received from insurers relating to loss or damage
shall be held jointly by the Parties and used for the repair of the loss or damage or as compensation for
loss or damage that is not to be repaired.
13.3 If the Contractor fails to effect or keep in force any of the insurances referred to in the previous sub-
clauses or fails to provide satisfactory evidence, policies or receipts, the Employer may without
prejudice to any other right or remedy, effect insurance for the cover relevant to such default and pay
the premiums due and recover the same as a deduction from any other monies due to the Contractor. If
no payments is due, the payment of the premiums shall be a debt due.
K/W-4 Global Technology center at Mandakalli, Mysuru
25
13.4 Alterations to the terms of an insurance shall not be made without the approval of the Employer.
13.5 Both Parties shall comply with any conditions of the insurance policies.
14.1 The Contractor, in preparing the tender, shall rely on any site investigation reports referred to in the
Contract data, supplemented by any information available to the Tenderer.
16.1 The Contractor shall construct the Works in accordance with the Specification and Drawings.
18.1 The Contractor shall submit Specification and drawings showing the proposed Temporary Works to
the Employer, who is to approve them if they comply with the Specifications and Drawings.
18.2 The Contractor shall be responsible for the design of Temporary Works
18.3 The Employer’s approval shall not alter the Contractor’s responsibility for design of the Temporary
Works.
18.4 The Contractor shall obtain approval of third parties to the design of third parties to the design of the
temporary Works where required.
18.5 All Drawings prepared by the Contractor for the execution of the temporary or permanent Works, are
subject to prior approval by the Employer before their use.
19. Safety
19.1 The Contractor shall be responsible for the safety of all activities on the Site. in which His Safety Engineer deployed
by the contractor will ensure all required safety measures in Day to Day activities
20. Discoveries
20. .1 Anything of historical or other interest or of significant value unexpectedly discovered on 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.
21.1 The Employer shall give possession of all parts of the Site to the Contractor. If possession 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.
22.1 The Contractor shall allow the Employer and any person authorized by the Employer & KDEM
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.
23. Instructions
23.1 The Contractor shall carry out all instructions of the Employer which comply with the applicable laws
where the Site is located.
24.1 If the Contractor is not satisfied with the decision taken by the Employer, the dispute shall be referred
by either party to Arbitration within 30 days of the notification of the Employer’s decision.
24.2 If neither party refers the dispute to Arbitration within the above 30 days, the Employer’s decision will
be final and binding.
24.3 The Arbitration shall be conducted in accordance with the arbitration procedure stated in the Special
Conditions of Contract.
B. Time Control
25. Program
25.1 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.
25.2 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.
26.1 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.
26.2 If found required, The Employer shall decide whether and by how much to extend the
Intended Completion Date
27.1 The Employer may instruct the Contractor to delay the start or progress of any activity within the
Works.
28.1 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.
28.2 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 the meeting.
C. Quality Control
29. Identifying defects
30. Tests
30.1 If the Employer/PMC appointed by the employer/KDEM/AEF 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.
31.1 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.
31.2 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.
31.3 The Contractor shall follow all possible measures of quality control & quantity assurance as stipulated
by the codal provision and must maintain the documents at all stages of work
D. Cost Control
33. Bill of Quantities (BOQ)
33.1 The BOQ shall contain items for the construction, installation, testing, and commissioning work to be
done by the Contractor.
33.2 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
34. Variations
34.1 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.
34.2 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.
34.3 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.
34.4 The Contractor shall promptly request in writing to 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.
35.1 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.
35.2 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.
35.3 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
35.4 If the rates for additional, substituted or altered item of work cannot be determined either as at 35.1 or
35.2 or 35.3 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.
35.5 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.
35.6 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.
35.7 Under no circumstances the Contractor shall suspend the work on the plea of non-settlement of rates
for items falling under this Clause.
36. Submission of bills for payment
36.1 The Contractor shall submit to the Employer monthly bills of the value of the work completed less the
cumulative amount paid previously through PMC appointed by the Employer . Every monthly bill
measurements item wise will be recorded jointly by the contractor and PMC in the presence of the
representative of the employer and will be submitted for payment.
36.2 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.
36.3 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.
37. Payments
Every running bill should be enclosed with the prescribed relevant quality control tests reports.
37.1 Payments shall be adjusted for deductions for recoveries in terms of contract and taxes, at source, as
applicable under the law. The Employer shall pay the Contractor on submission of the bill within 60
Working days. The contractor shall be liable to pay liquidated damages for shortfall in progress. For
progress beyond the agreed programme payment is subject to availability of the grants.
37.2 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.
38.1 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.
38.2 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.
38.3 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.
38.4 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.
39. Tax
39.1 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.
40.1 Contract price shall be adjusted for increase or decrease in rates and prices of labour, materials, fuels
and lubricants in accordance with the following principles and procedures and as per formulae given in
the Contract Data.29
(a) The price Adjustment shall not apply for the work done from the date of commencement up to the
end of original period of completion or extensions granted by the Employer and shall not apply to
work carried out beyond the stipulated period of completion for reasons attributable to the
Contractor;
(b) Price Adjustment shall be admissible from the date of opening of tenders (original or extended)
(c) The price adjustment shall be determined during each quarter from the formulae given in Contract
Data.
(d) Following expressions and meanings are assigned to the work done during the quarter:
R = Total value of work done during the quarter. It will exclude value for works
executed under variations for which price adjustment (if any) will be worked out
separately based on the terms mutually agreed.
40.2 To the extent that full compensation for any rise or fall in costs to the contractor is not covered by the
provisions of this or other Clauses in the Contract, the unit rates included in the contract shall be
deemed to include amounts to cover the contingency of such other rise or fall in costs. DELETED
41.1 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 (for the whole
of the works or the milestone as stated in the Contract Data). 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.
41.2 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.
42.1 The Employer shall make payment to the Contractor of the amounts stated in the Contract Data by the
date stated in the Contract Data, against provision by the Contractor of an unconditional bank
guarantee in a form acceptable to the Employer issued by a Nationalized/Scheduled Bank in amounts
equal to the advance payment. The guarantee shall remain effective until the advance payment has
been repaid, but the amount of the guarantee shall be progressively reduced by the amounts repaid by
the Contractor. Interest will not be charged on the advance payment.
42.2 The Contractor is to use the advance payment only to pay for Mobilization expenses required
specifically for execution of the Works. The Contractor shall demonstrate that advance payment has
been used in this way by supplying copies of invoices or other documents to the Employer.
42.3 The advance payment shall be repaid by deducting proportionate amounts from payments otherwise
due to the Contractor, following the schedule of completed percentages of the Works on a payment
basis. No account shall be taken of the advance payment or its repayment in assessing valuation of the
work done, variations, price adjustments, compensation events or liquidated damages. DELETED
43. Securities:
43.1 The Security deposit (including additional security for unbalanced tenders) shall be provided to the
Employer no later than the date specified in the Letter of Acceptance and shall be issued in an amount
and form and type of instrument acceptable to the Employer. The Security deposit shall be valid until a
date 30 days from the date of expiry of Defects Liability Period and the additional security for
unbalanced tenders shall be valid until a date 30 days from the date of issue of the certificate of
completion.
44.1 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.
45.1 The Contractor shall request the Employer to issue a Certificate of Completion of the Works along
with certificate from PMC, AEF & KDEM (User dept) and the Employer will do so upon deciding
that the Work is completed.
46.1 The Employer shall take over the Site and the Works within seven days of issuing a certificate of
Completion.
47.1 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.
48.1 If “as built”30 Drawings and/or operating and maintenance manuals are required, the Contractor shall
supply them by the dates stated in the Contract Data.
48.2 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.
49. Termination
49.1 The Employer or the Contractor may terminate the Contract if the other party causes a fundamental
breach of the Contract.
49.2 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.”
49.3 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 49.2 above, the Employer shall decide whether the breach is
fundamental or not.
49.4 Notwithstanding the above, the Employer may terminate the Contract for convenience.
49.5 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.
50. Payment upon Termination
50.1 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.
50.2 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.
51. Property
51.1 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.
52.1 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
K/W-4 Global Technology center at Mandakalli, Mysuru
32
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.
During continuance of the contract, the Contractor and his sub contractors shall abide at
all times by all existing labour enactments and rules made there under, regulations,
notifications and bye laws of the State or Central Government or local authority and
any other labour law (including rules), regulations, bye laws that may be passed or
notification that may be issued under any labour law in future either by the State or the
Central Government or the local authority. The Contractor shall keep the 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.
4. Arbitration (Clause 24 )
• If neither parties refers the dispute to arbitration with in the above 30 days the employers
decision will be final and binding.
(a) In case of dispute or difference arising between the Employer and the Contractor
relating to any matter arising out of or connected with this agreement it shall be
settled in accordance with the Arbitration and Conciliation Act 1996. The disputes
or differences shall be referred to a Sole Arbitrator. The Sole Arbitrator shall be
appointed by agreement between the parties; failing such agreement, by the
Appointing Authority (any one of the Organizations as per list enclosed in
Annexure)
(b) Arbitration proceedings shall be held at Bengaluru, Karnataka, India
(c) The cost and expenses of arbitration proceedings will be paid as determined by the
Arbitrator. However the expenses incurred by each party in connection with the
preparation, presentation, etc., shall be borne by each party itself.
(d) Performance under the contract shall continue during the arbitration proceedings
and payments due the Contractor by the Employer shall not be withheld, unless
they are the subject matter of the arbitration proceedings.
Annexure:
5. In the case of the death of a Contractor after executing the agreement / commencement of the work, his legal
heir, if is an eligible registered Contractor and if he is willing can execute and complete the work at the
accepted tender rates irrespective of the cost of the work.
6. The Several Documents forming the Contract are to be taken as mutually explanatory of one another, Detailed
Drawings being followed in preference to Small Scale Drawings and Figured Dimensions in preference to the
Measured Ones. Special Conditions shall be followed in preference to General Conditions / Clauses of the
Contract. Particular Specifications shall be followed in preference to General Specifications applicable to the
Contract.
7. In case of Discrepancy / Inconsistency between the Description in the Scope of Works, Specifications,
Nomenclature of Items and / or the Drawings, Conditions of Contract, Qualification Document and if there
are Varying or Conflicting Provisions made in anyDocument forming Part of the Contract, the Employer shall
be the Deciding Authority with regard to the Intention / Interpretation of the Document and his Decision shall
befinal and binding on the Contractor without any reservations.
8. Any Error in Description or any Omissions there from, shall not vitiate the Contract or release the Contractor
from the Execution of the whole or any part of the Works comprised therein according to Drawings and
Specifications or from any of his Obligations under the Contract.
9. Time is the Essence of the Contract and it shall be clearly understood that the Contractor is bound to complete
the Work in every respect within the Intended Completion Period as stated in the Contract Data.
11. All Works pertaining to Services including Rerouting / Diversion of Services, Routine Testing, Installation,
etc. embracing in one or more than one Process shall be subject to Examination and Approval to each Stage
thereof by the Employer or concerned Departments as would be notified by the Employer or his approved
Representative when such Stage is ready. In default of such Notice, the Employer shall be entitled to appraise
the Quantity and the Extent thereof and the Decision of the Employer or his approved Representative in this
regard shall be final and binding.
12. No Work shall be covered or put out of View without the approval of the Employer or his approved
Representative and the Contractor shall afford Full Opportunity for Examination of such Services before these
are permanently installed or extended thereof as per Site Requirement.
13. The Contractor shall make his own arrangement for the Disposal of the Spoils from the Works to such Place
where the same shall not cause Nuisance and shall be acceptable to the Authorities concerned.
14. The Execution of any Items of Work where any Incidental Work is actually required but not specifically
stated in the Tender Document, it is to be understood that the Amount quoted by the Contractor shall cover
such Charges also and nothing extra on account of such Incidental Charges, if any, shall be paid.
15. The Electric and Water Connections to be obtained for use of the Work under the
Contract are subject to the following Conditions.
a. The Contractor shall make his own arrangement for Electricity and Water Supply.
b. The Employer shall in no way be Responsible for any Delay in getting the Electric Connection and
Water and no Claim on this account whatsoever, shall be entertained. It shall be clearly understood
that the Contractor has to make his own Arrangement for Generators for use before the Electric
Connection is made available and also to be used as a Standby Arrangement in case of Power
Failure, etc. or in the case of Disconnection of Electric Supply by the concerned Department for any
reason.
16. The Contractor shall maintain in Good Condition all Work till the Completion of entire Work allotted to him.
From the Commencement of the Work to the Completion of the same, the Work is to be under the
Contractor's Charge. The Contractor is to be held Responsible for and to make good all Injuries, Damages and
Repairs, rendered necessary by Fire, Rain, Traffic, Floods or other Causes. The Employer shall not be held
Responsible, for any Claims for Injuries to Personal Workmen or for Structural Damage to Property
happening from any Neglect, Default, Want of Proper Care or Misconduct on the Part of the Contractor or of
any other of his authorized Representatives in his Employment during the Execution of the Work. The
Compensation, if any, shall be paid directly to the Department / Authority / Persons concerned, by the
Contractor at his own Cost.
17. Barricading and Safety Requirements are very Important Aspects at this Portion of the Road. The above
Provisions shall be followed strictly and at no time the Construction / Open Areas are to be left unbarricaded
or without Red Lamps during the Hours of Darkness. Failure to comply with the Requirements mentioned in
the Preceding Paragraphs shall be deemed to be a Breach of Contract on the Part of the Contractor for which
the Contractor shall be Liable to action under Relevant Clauses / Conditions of the Agreement.
The Contractor shall use every Reasonable Means to prevent any of Roads, Bridges communicating with or
on the Routes to the Site from being damaged by any Traffic of the Contractor or any of his Sub Contractors
and in particular, shall select Routes and Vehicles to avoid such Unnecessary Damages.
19. The Contractor shall assume all Liabilities, Financial or otherwise in connection with his Contract and shall
protect and save the Employer from any and all Damages and Claims that may arise because of the Presence
and Operations of others working on or near the Site.
20. At the time of Construction, the Contractor shall embed all Electrical / other Fixtures like Base Plates,
Brackets, Conduits, etc. for Street Lighting, etc. as per the Directions of the Employer. Nothing Extra
whatsoever will be payable on this account.
21. The Employer will deploy Project Management Consultant (PMC)/AEF/KDEM for Design Checking and
Approval, Supervision, Quality Control, Progress Monitoring, etc. The Contractor shall abide by the
Instructions / Suggestions given by the PMC/AEF/KDEM for the successful completion of the Project.
22. Personal Protective Equipment
The Contractor shall at all times keep and maintain an adequate supply of suitable Personal
Protective Equipment, which shall be readily available for use at all times on the site and would
include but not to be limited to the following Items.
• Safety Helmets.
• Hearing Protection.
• Respiratory Protection.
• Eye Protection.
• Protective Gloves.
• Safety Footwear.
• High Visibility Clothing conforming to ISO EN 471 & ISO EN 20471:-2013.
All Sites shall be designated as HARD HAT and SAFETY BOOTS SITES and as such an adequate
supply of Safety Helmets and Safety Boots shall be kept available for use by all Staffs, Workers and
Authorized Visitors to the Sites.
The Contractor shall remove from the Site any worker who consistently refuses to wear the
appropriate Personal Protective Equipment.
All Workmen at Site shall be provided with Safety Helmets and Yellow / Orange Jackets. Workmen
required on Site during night hours shall be provided with Fluorescent Yellow Jackets with
Reflective Lopes. Workers employed on mixing Asphaltic Materials, Cement, Lime Mortars,
Concrete, etc. shall be provided with Protective Footwear, Protective Goggles. Those engaged in
K/W-4 Global Technology center at Mandakalli, Mysuru
36
handling any Material, which is injurious to the eyes, shall be provided with Protective
Goggles. Those engaged in Welding Works shall be provided with Welder’s Protective Eye Shield.
Stone Breakers shall be provided with Protective Goggles and Protective Clothing and seated at
sufficiently safe intervals..(& also perform as narrated in para-58)
It shall have minimum 40 Sqm of Floor Area and shall include allsufficient required Items like Electric
Supply, Electrical Items, Telephones, Lights, Fans and Complete Wiring, Drinking Water Supply and
Hygienic Toilet Facilities completed along with Furniture.
31. The Contractor should display at the work spot a display board indicating the approved name of work,
Estimate Cost, Approved Tender Amount, Duration of work, Name of the Agency.
32. The Employer shall have the right to verify all the Men and Machinery Details / Documents submitted by the
Tenderer at any point of time during Technical Evaluation of the Tender Document.
33. The Contractor should furnish PERT Chart showing the schedule of work and should get it approved from
concerned Competent Authority
The contractor shall take all necessary precautions to prevent any nuisance or inconvenience to the
owners, tenants or occupiers of adjacent properties and to the public in general and to prevent any
damage to such properties from pollutants like smoke, dust, noise. The contractor shall use such
methodology and equipment so as to cause minimum environmental pollution of any kind during
construction and minimum hindrance to road users and to occupants of the adjacent properties or other
services running adjacent/near vicinity. The contractor shall make good at his cost and to the Satisfaction
of the Engineer-in-charge, any damage to roads, paths, cross drainage works or public or private property
whatsoever caused due to the execution of the work or by traffic brought thereon by the contractor. All
waste or superfluous materials shall be carried away by the contractor, without any reservation, entirely
to the satisfaction of the Engineer-in-charge. Utmost care shall be taken to keep the noise level to the
barest minimum so that no disturbance as far as possible is caused to the nearby occupants/users of
building(s), if any.(& also perform as narrated in para-57)
38. Spills of dirt or dusty materials shall be cleaned up promptly so the spilled material does not become a source
of fugitive dust and also to prevent of seepage of pollutant laden water into the ground aquifers. When
cleaning up the spill, ensure that the clean – up process does not generate additional dust. Similarly, spilled
concrete slurries or liquid wastes should be obtained/cleaned up immediately before they can infiltrate into
the soil/ground or runoff in nearby areas.
39. To preserve the existing landscape and protect it from degradation during the process of construction. Select
proper timing for construction activity to minimize the disturbance such as soil pollution due to spilling of the
construction material and its mixing with rainwater.
[25] The Schedule of Key and Critical Equipments to be deployed on the work as per
agreed program of construction.
Name of Authorized
Representative : The Chief Engineer (BENGALURU)
Karnataka Rural InfrastructureDevelopment Limited
GrameenabhivruddhiBhavan, 4th Floor,
AnandaRao Circle, Bangalore-560 009
[1.1] The Name and Identification Number of the Contract:
Civil and Interior works to Global Technology plug and play centre at Mandakalli,
Mysuru.
The Mysore Global Technology centre will aim at attracting and anchoring IT, BT & ST
Industries coming to mysore and promoting mysore as a global centre for digital economy. in
contrast to the above The Karnatka Digital economy mission (KDEM) under the Ministry of
ITBT, Govt of Karnataka.
The KDEM entrusted the Civil and Interior works to Global Technology plug and play centre at
Mandakalli, Mysuru. To KRIDL for execution. And the work consists of Repairs &
Renovation to existing 4 storied Karnataka State Open University building at
Mandakalli, Mysuru. Which consist of the following : -
• Electrical HT, LT & Allied Works
• Civil and Interior works
• Fire Fighting services
• PHE system works
• Lift works
• Loose Furnitures
• HVAC Works
• Converting of terrace floor to Utility with Structural steel light roofing.
[1.1] The Start Date shall be Date of Issue of Notice to Proceed with the Work.
[1.1] The Site is existing 4 storied Karnataka State Open University building at Mandakalli, Mysuru.
[17,26] The Intended Completion Date for the whole of the Works:9 Months from the Start Date including
monsoon.
Milestone dates:
The Milestones will be derived based on the work programme chart accepted and signed by the contractor.
Civil and Interior Works to Global Technology Centre plug & play facility at Mandakalli Mysuru
M.S. M.S.Period
SL. MS Description of Works/Financial
Progress Amount Work in % Months
NO No Cumulative
in crore required
1Crores
1 1 1.00 4.75 1 1
2Crores
2 2 2.00 14.50 1 2
2Crores
3 3 2.00 24.00 1 3
2.5Crores
4 4 2.50 36.00 1 4
3.5Crores
5 5 3.50 53.00 1 5
4Crores
6 6 4.00 72.00 1 6
3Crores
7 7 3.00 86.00 1 7
2.75Crores
8 8 2.75 100.00 1 8
[21.] The Site Possession Date: Immediately after the Issue of Work Order.
The contractor shall submit the work programme chart as narrated in Para 26 duly signed by the
contractor within 10 days from the date of signing the agreement.
The Schedule of Key and Critical Equipment to be deployed on the work
as per Agreed Program of Construction: 10 Days from the Date of Entering into Agreement.
[31]. The Defects Liability Period is 12 Months, which will run concurrently from the Date of the Physical
[41.] The Liquidated Damages for the whole of the Works are as follows :-
0.1% of the Final Contract Price per day and that for the milestones are as under
Sl. No. Type of Cover Minimum Cover for Insurance for 9months
i. Works and of Plant and Materials The Sum stated in the Agreement plus 20%
[41]. The Maximum Amount of Liquidated Damages for the whole of the Works: shall not exceed 10% of Final
Contract Price.
[48].The Date by which “As Built Drawings” (in scale 1:100) in 3sets are required is within 30 days of Issue of
Certificate of Completion.
[48].The Date by which Operating and maintenance manuals are required is within 30 days of Issue of Certificate
of Completion.
[48.] The Amount to be withheld for failing to supply “As Built Drawings” or Supply of
Operating and maintenance manuals by the date required is Rs. 100000/-.
[49.2] The following Events shall also be Fundamental Breach of the Contract.
1. The Contractor has contravened Sub-Clause 7.1 and Clause 9 of
CC. DELETED.
[50.1] The Percentage to apply to the Value of the Work not completed representing the
Employer’s Additional Cost for completing the Works shall be30%. DELETED.
SECTION 7: SPECIFICATIONS
SECTION 8: DRAWINGS
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)]
(5) The Rates quoted in BOQ by the contractor shall be deemed to be including GST.
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]
63
_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
[amount of guarantee]64 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.
This guarantee shall be valid until 30 days from the date of expiry of the Defects Liability Period.