Annexure IV K/W-4

GOVERNMENT OF KARNATAKA

-------------------------------------------------(Name of Organization) --------------------------------------------------------------------------------------------(Address) Telephones:.. TENDERS FOR THE WORK OF* -------------------------------------------------------------------------------------------------------------------------------------------------(Description of Work) Fax:

TENDER REFERENCE PERIOD OF SALE OF TENDER DOCUMENT LAST DATE FOR SALE OF TENDER DOCUMENT LAST DATE AND TIME FOR RECEIPT OF TENDERS TIME AND DATE OF OPENING OF COVER ONE OF TENDERS1 PLACE OF OPENING OF COVER ONE OF TENDERS TIME AND DATE OF OPENING OF COVER TWO OF TENDERS PLACE OF OPENING OF COVER TWO OF TENDERS ADDRESS FOR COMMUNICATION

: : From: : : : : : Will be intimated to the Qualified Tenderers : Will be intimated to the Qualified Tenderers : To:

* Note: The footnotes are for the guidance of the TIA to prepare the document properly. All the footnotes should be deleted in the final text. 1 Should be the same as for the deadline for receipt of tenders or promptly thereafter.

K/W-4

Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

Contents
Section No. 1 2 3. 4. 5. 6. 7 8 9. 10. Description Page

INVITATION FOR TENDERS (IFT) INSTRUCTIONS TO TENDERERS (ITT) QUALIFICATION INFORMATION FORM OF TENDER, LETTER OF ACCEPTANCE, NOTICE TO PROCEED WITH THE WORK AND AGREEMENT FORM CONDITIONS OF CONTRACT (CC) CONTRACT DATA SPECIFICATIONS DRAWINGS BILL OF QUANTITIES FORMAT OF BANK GUARANTEE FOR SECURITY DEPOSIT

3 4 14 17 20 34 40 41 42 43

K/W-4

Works/Open tender/Item Rate/>Rs.100 lakhs<1000 lakhs

SECTION 1: INVITATION FOR TENDERS (IFT) Date: IFT No.:

1. The .................................... invites tenders from eligible tenderers, for the construction of works detailed in the Table below. The tenderers may submit tenders for any or all of the works given in the Table. Two Cover Tender procedure as per Rule28 of the KTPP Act shall be followed. The Tenders are required to submit two separate sealed covers, one containing the Earnest money deposit and the details of their capability to undertake the tender (as detailed in ITT Clause 3and 6), which will be opened first and the second cover containing the price tender which will be opened only if the Tenderer is found to be qualified to execute the tendered works. The Tenderers are advised to note the minimum qualification criteria specified in Clause 3 of the Instructions to Tenderers to qualify for award of the contract. 2. Tender documents may be purchased from the office of.............. ................................ from ...........to.........., for a non-refundable fee (for two sets) as indicated in the Table below, in the form of cash or Demand Draft/Pay Order on any Nationalized/ Scheduled bank payable at................ in favour of...... .................... Interested tenders may obtain further information at the same address. Tender documents requested by mail will be dispatched by registered/speed post on payment of an extra amount of Rs........... The .......................... will not be held responsible for the postal delay if any, in the delivery of the documents or nonreceipt of the same. 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. Tenders must be delivered to................................................................. on or before.........hours on ............. (date) and First Cover Tenders will be opened on the same day at...........hours, in the presence of the Tenderers who wish to attend. If the office happens to be closed on the date of receipt of the tenders as specified, the tenders will be received and opened on the next working day at the same time and venue. 5. A Pre-tender meeting will be held on .. at hours at the office of . 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. 6. Other details can be seen in the tender documents. Name of work TABLE Approximate value of work (Rs.) 3 Earnest Money Deposit (Rs.) 4 Cost of document (Rs.) 5 Period of completion

Package No.

______________________________________________________________________________ Seal of office

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Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

SECTION 2: INSTRUCTIONS TO TENDERERS (ITT) Table of Clauses A. General 1. 2. 3. 4. 5. 6. B. Scope of Tender Eligible Tenderers Qualification of the Tenderer One Tender per Tenderer Cost of Tendering Site Visit Page No. 5 5 5 6 6 7

Tender Documents 7. 8. 9. Content of Tender documents Clarification of Tender Document Amendment of Tender documents 7 7 7

C.

Preparation of Tenders 10. 11. 12. 13. 14. Documents comprising the Tender Tender prices Tender validity Earnest money deposit Format and signing of Tender 7 8 8 8 9

D.

Submission of Tenders 15. 16. 17. 18. Sealing and marking of Tenders Deadline for submission of Tenders Late Tenders Modification and Withdrawal of Tenders 9 9 9 10

E.

Tender opening and evaluation 19. 20. 21. 22. 23. 24. 25. Opening of First Cover of all Tenders and evaluation to determine qualified Tenderers Opening of Second Cover Tenders of qualified Tenders and evaluation Process to be confidential Clarification of Tenders Examination of Tenders and determination of responsiveness Correction of errors Evaluation and comparison of Tenders 10 10 11 11 11 11 12

F.

Award of contract 26. 27. 28. 29. 30. 31 Award criteria Employers right to accept any Tender and to reject any or all Tenders Notification of award and signing of Agreement Security deposit Advance payment and Security Corrupt or Fraudulent Practices 12 12 12 13 13 13

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Works/Open tender/Item Rate/>Rs.100 lakhs<1000 lakhs

5 A. General 1. 1.1 Scope of Tender The ....................................... 2 (Referred to as Employer in these documents) invites tenders following Two Cover tender procedure, from eligible Tenderers, for the construction of works (as defined in these documents and referred to as "the works") detailed in the Table given in the Invitation for Tenders (IFT). The Tenderers may submit tenders for any or all of the works detailed in the table given in IFT. Eligible Tenderers Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent practices issued by the Government of Karnataka Tenders from Joint ventures are not acceptable. Qualification of the Tenderer: All Tenderers shall provide the requested information accurately and in sufficient detail in Section 3: Qualification information. To qualify for award of this contract, each Tenderer in its name should have in the last five years i.e. 2000-2001 to 2004-2005)3 (a) achieved in at least two financial years a minimum financial turnover (in all classes of civil engineering construction works only) of Rs........... 4(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 such as ...................................................................................... 5of value not less than Rs....................... 6(usually not less than80% estimated value of contract)* (c) executed in any one year, the following minimum quantities of work:7 Cement concrete (including RCC and PSC) .. cum earthwork in both excavation and embankment (combined quantities)cum cum cum (usually 80% of the peak annual rate of construction)* (d) The Tenderer or his identified sub-contractor should possess required valid electrical license for executing building electrification works and should have executed similar electrical works totaling Rs. ............... (usually not less than 50% of the electrical works)* in any one year;8 (e) The Tenderer or his identified sub-contractor should possess valid license for executing water supply/sanitary engineering works and should have executed similar water supply/sanitary engineering works totaling Rs (usually not less than 50% of the water supply/sanitary engineering works)* in any one year;9 Each Tenderer should further demonstrate: (a) Availability by owning the following key and critical equipment for this work:10

2. 2.1 2.2 3. 3.1 3.2

3.3

Tender Inviting Authority For tenders invited during FY2005-06. For other years they should be those five years preceding the FY in which the tenders are invited. 4 Updated to the FY in which the tenders are invited. Financial turn over of previous years shall be given a weight of 10% per year to bring them to the price level of the FY in which the tenders are invited. 5 Specify the works which will be accepted as similar works 6 Updated to the FY in which the tenders are invited. The value of the completed works shall be given a weight of 10% per year to bring them to the price level of the FY in which the tenders are invited. 7 Specify the principal items of works to be executed under this contract 8 This is for building works. Appropriately change for other works. 9 This is for building works. Appropriately change for other works. * The words in italics within the bracket are for the guidance of TIA and should be deleted in the final text. 10 Give the name. Number and brief specification of the equipment
3

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Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

3.4 3.5 3.6

- . - . - . - (b) liquid assets and /or availability of credit facilities of no less than Rs. 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)* To qualify for a package of contracts made up of this and other contracts for which tenders are invited in this IFT, the Tenderer must demonstrate having experience and resources to meet the aggregate of the qualifying criteria for the individual contracts. Sub-contractors experience and resources shall not be taken into account in determining the Tenderers compliance with the qualifying criteria except to the extent stated in 3.2 (d) and (e) above. Tenderers who meet the above specified minimum qualifying criteria, will only be qualified, if their available tender capacity is more than the total tender value. The available tender capacity will be calculated as under: Assessed available tender capacity = ( A*N*1.5 - B ) where 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. 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.

3.2

4. 4.1

One Tender per Tenderer: Each tenderer shall submit only one tender for one package. A tenderer who submits or participates in more than one Tender (other than as a sub-contractor or in cases of alternatives that have been permitted or requested) will cause all the proposals with the Tenderers participation to be disqualified. Cost of Tendering: 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.

5. 5.1

11 12

FY in which the tenders are invited. FY in which the tenders are invited Works/Open tender/Item Rate/>Rs.100 lakhs<1000 lakhs

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7 6. 6.1 Site visit: 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 Tenderers own expense. B. Tender documents 7. 7.1 7.2 8. 8.1 Content of Tender documents The set of tender documents shall have all the Sections given in Page 2: Both the sets should be completed and returned with the tender. Clarification of Tender Documents A prospective tenderer requiring any clarification of the tender documents may notify the Employer in writing or by cable (hereinafter cable includes telex and facsimile) at the Employers 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 Employers response will be forwarded to all purchasers of the tender documents, including a description of the enquiry but without identifying its source. Pre-tender meeting: The tenderer or his authorized representative is invited to attend a pre-tender meeting which will take place at . (address of venue)on. (time and date). The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage The tenderer is requested to submit any questions in writing or by cable to reach the Employer not later than one week before the meeting. Minutes of the meeting, including the text of the questions raised (without identifying the source of enquiry) and the responses given will be transmitted without delay to all purchasers of the tender documents. 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. Non-attendance at the pre-tender meeting will not be a cause for disqualification of a tenderer. Amendment of Tender documents Before the deadline for submission of tenders, the Employer may modify the tender documents by issuing addenda. Any addendum thus issued shall be part of the tender documents and shall be communicated in writing or by cable to all the purchasers of the tender documents. 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. 10.1 Documents comprising the Tender 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;

8.2 8.2.1 8.2.2 8.2.3 8.2.4

8.2.5 9. 9.1 9.2 9.3

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Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

8 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. Tenderers submitting tenders together with other contracts stated in the IFT to form a package will so indicate in the tender together with any discounts offered for the award of more than one contract. Tender prices 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. 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. All duties, taxes, and other levies payable by the contractor under the contract, or for any other cause, shall be included in the rates, prices and total Tender Price submitted by the Tenderer. The rates and prices quoted by the Tenderer shall be subject to adjustment during the performance of the Contract in accordance with the provisions of Clause of the Conditions of Contract Tender validity 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. In exceptional circumstances, prior to expiry of the original time limit, the Employer may request that the Tenderers may extend the period of validity for a specified additional period. The request and the Tenderers' responses shall be made in writing or by cable. A Tenderer may refuse the request without forfeiting his earnest money deposit. A Tenderer agreeing to the request will not be required or permitted to modify his tender, but will be required to extend the validity of his earnest money deposit for a period of the extension, and in compliance with Clause 13 in all respects. Earnest money deposit The Tenderer shall furnish, as part of his tender, earnest money deposit in the amount as shown in column 4 of the Table of IFT for this particular work. This earnest money deposit shall be in favour of .............................................. and may be in the form of Bankers cheque/ Demand draft/Pay Order, in favour of .............. ..payable at ............ or Cash or specified Small Savings Instruments 13 pledged to .... Instruments having fixed validity issued as earnest money deposit for the tender shall be valid for 45 days beyond the validity of the tender. 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. 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. The earnest money deposit of the successful Tenderer will be discharged when the Tenderer has signed the Agreement and furnished the required Performance Security. 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

10.2 11. 11.1 11.2

11.3 11.4 12. 12.1 12.2

13. 13.1

13.2 13.3 13.4 13.5 13.6

13

Refer Clause 12(1) Chapter IV of KTPP Rules 2000 Works/Open tender/Item Rate/>Rs.100 lakhs<1000 lakhs

K/W-4

14. 14.1 14.2 14.3

Format and signing of Tender The Tenderer shall prepare one original and a copy of the documents comprising the Tender as described in Clause 10 of these Instructions to Tenderers, and clearly marked "ORIGINAL" and "COPY" as appropriate. In the event of discrepancy between them, the original shall prevail. 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 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. 15.1 15.2

Sealing and marking of tenders The Tenderer shall seal the original and a copy of the Tender in separate envelopes, duly marking the envelopes as "ORIGINAL" and "COPY". These envelopes (called as inner envelopes) shall then be put inside one outer envelope. The inner and outer envelopes shall (a) be addressed to the Employer at the following address: .................................................................................. ................................................................................... (insert address of office for Tender submission), and bear the following identification:

(b)

15.3 15.4 16. 16.1

Tender for ....................................................[name of contract] Tender Reference No....................................[insert number] DO NOT OPEN BEFORE................[time and date for tender opening, per Clause 19] In addition to the identification required in Sub-Clause 15.2, the inner envelopes shall indicate the name and address of the Tenderer to enable the tender to be returned unopened in case it is declared late, pursuant to Clause 17. If the outer envelope is not sealed and marked as above, the Employer will assume no responsibility for the misplacement or premature opening of the Tender. Deadline for submission of the Tenders Tenders must be received by the Employer at the address specified above no later than.......................................... . 14 In the event of the specified date for the submission of tenders being declared a holiday for the Employer, the tenders will be received up to the appointed time on the next working day. 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. Late Tenders Any Tender received by the Employer after the deadline prescribed in Clause 16 will be returned unopened to the Tenderer.

16.2

17. 17.1

14

Insert time and date; this should be the same as those given in the Invitation for Tenders Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

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10 18. 18.1 18.2 Modification and Withdrawal of Tenders Tenderers may modify contents of First or Second Covers separately for each Cover or withdraw their Tenders by giving notice in writing before the deadline prescribed in Clause 16. Each Tenderer's modification separately for each Cover or withdrawal notice shall be prepared, sealed, marked, and delivered in accordance with Clause 14 & 15, with the outer and inner envelopes additionally marked "MODIFICATION FOR FIRST/SECOND COVER" or "WITHDRAWAL", as appropriate. No Tender may be modified after the deadline for submission of Tenders. Withdrawal or modification of a Tender between the deadline for submission of Tenders and the expiration of the original period of Tender validity specified in Clause 12.1 above or as extended pursuant to Clause 12.2 may result in the forfeiture of the earnest money deposit pursuant to Clause 13. Tenderers may only offer discounts to, or otherwise modify the prices of their Tenders by submitting Tender modifications in accordance with this clause, or included in the original Tender submission. E. Tender opening and evaluation 19. 19.1 Opening of First Cover of all Tenders and evaluation to determine qualified Tenderers: The Employer will open the First Covers of all the Tenders received (except those received late or withdrawn), including modifications for First Cover made pursuant to Clause 18, in the presence of the Tenderers or their representatives who choose to attend at ........... hours on the date and the place specified in Clause 16. 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. Envelopes marked "WITHDRAWAL" shall be opened and read out first. The First Cover of Tenders for which an acceptable notice of withdrawal has been submitted pursuant to Clause 18 shall not be opened. The Tenderes 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. Late and withdrawn Tenders will be returned unopened to tenders. The Employer shall prepare minutes of the Tender opening, including the information disclosed to those present in accordance with Sub-Clause 19.3. The Second Cover of all the Tenderers including modifications for Second Cover shall be placed in a large cover and securely sealed in the presence of the tenderers or their representatives, who are present and also get the same signed by all those tenderers or their representatives. The large cover shall be kept in safe custody by the Employer.15 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 Opening of Second Cover of qualified Tenderers and evaluation: The Employer will inform all the Qualified Tenderers the time, date and venue fixed for the opening of the Second Cover containing the priced Tenders. The Employer will open the Second Covers of Qualified Tenderers at the appointed time and date in the presence of the Tenders or their representatives who choose to attend. In the event of the specified date of Second Cover opening being

18.3 18.4 1 8.5

19.2 19.3

19.4 19.5

19.6

20. 20.1

15 16

Refer GOK circular No. PWD 1359 SO/FC 2001 (P-2) dated 30th June 2003. The evaluation of the technical aspects contained in the first cover should be completed within a reasonable period and the time gap between the opening of the first and second cover should be the minimum and in any case not more than 45 days {In exceptional cases, approval of the Secretary to the Government of the concerned Department/Managing Director of the Corporation shall be obtained, where the period is more than 45 days but less than 60 days. If it exceeds 60 days the tenders shall be reinvited. Works/Open tender/Item Rate/>Rs.100 lakhs<1000 lakhs

K/W-4

11 declared a holiday for the Employer, the Second Covers will be opened at the appointed time and location on the next working day. Envelopes marked MODIFICATION FOR SECOND COVER shall be opened and the submissions therein read out in appropriate detail. The Tenderers' names, the Tender prices, the total amount of each Tender, any discounts, Tender modifications and withdrawals, and such other details as the Employer may consider appropriate, will be announced by the Employer at the opening. No Tender shall be rejected at Tender opening. The Employer shall prepare minutes of the Second Cover Tender opening, including the information disclosed to those present in accordance with Sub-Clause 20.3. Process to be confidential 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. Clarification of Tenders To assist in the examination, evaluation, and comparison of Tenders, the Employer may, at his discretion, ask any Tenderer for clarification of his Tender, including breakdowns of unit rates. The request for clarification and the response shall be in writing or by cable, but no change in the price or substance of the Tender shall be sought, offered, or permitted 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. 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. Any effort by the Tenderer to influence the Employer in the Employers Tender evaluation, Tender comparison or contract award decisions may result in the rejection of the Tenderers Tender. Examination of Tenders and determination of responsiveness Prior to the detailed evaluation of Tenders, the Employer will determine whether each Tender; (a) has been properly signed; and; (b) is substantially responsive to the requirements of the Tender documents. 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. 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. Correction of errors 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.

20.2 20.3 20.4 21. 21.1

22 22.1

22.2 22.3 23. 23.1 23.2

23.3

24. 24.1

17

Clause 25(2) of Chapter VI of KTPP Rules 2000 states that in case of discrepancy between the price quoted in words and figures, the lower of the two shall be considered. Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

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12 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). Evaluation and comparison of Tenders The Employer will evaluate and compare only the Tenders determined to be substantially responsive in accordance with Clause 23. 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. 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. 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 If the tender of the successful tenderer is seriously unbalanced in relation to the Employers 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. 26.1 Award criteria 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. Employer's right to accept any Tender and to reject any or all Tenders 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. Notification of award and signing of Agreement 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, and maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter and in the Contract called the "Contract Price"). 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. 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

25. 25.1 25.2

25.3

25.4 25.5

27. 27.1

28. 28.1

28.2 28.3

K/W-4

Works/Open tender/Item Rate/>Rs.100 lakhs<1000 lakhs

13 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. 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. Security deposit Within 20 days of receipt of the Letter of Acceptance, the successful Tenderer shall deliver to the Employer a Security deposit in any of the forms given below for an amount equivalent to 10% of the Contract price plus additional security for unbalanced tenders in accordance with Clause 25.5 of ITT and Clause 44 of the Conditions of Contract. : Cash or Bankers cheque/Demand draft,/Pay Order in favour of ................. payable at.................. or A bank guarantee in the form given in Section 10; or Specified Small Savings Instruments pledged to ....................................................... 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. 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. 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. Advance Payment and Security: 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. Corrupt or Fraudulent practices The GOK requires that the Tenderers/Suppliers/Contractors, observe the highest standard of ethics during the procurement and execution of such contracts. In pursuance of this policy, GOK : (a) will reject a proposal for award if it determines that the Tenderer recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question; (b) will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a GOK contract if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing, a GOK contract. Furthermore, Tenderers shall be aware of the provision stated in sub-clause 50.2 of the Conditions of Contract.

28.4 29. 29.1

29.2 29.3 29.4 30 30.1 31. 31.1

31.2

K/W-4

Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

14 SECTION 3: QUALIFICATION INFORMATION The information to be filled in by the Tenderer hereunder will be used for purposes of computing Tender capacity as provided for in Clause 3 of the Instructions to Tenderers. This information will not be incorporated in the Contract. 1.1 Constitution or legal status of Tenderer Place of Registration Principal place of business: [Attach copy] _______________________________ (Attach Copy) _______________________________

1.2

Total value of civil engineering construction works executed and payments received in the last five years (in Rs. Lakhs)19

2000 - 0118______________ 2001 - 02______________ 2002 - 03______________ 2003 - 04______________ 2004- 05______________

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.
Name of DescripEmployer -tion of Work 2 3 Contract Number 4 Value of Date of contract issue of Rs. Lakhs work order 5 6 Specified Actual date of period of completion completion 7 8 Remarks explaining reasons for delay in completion of work 9

Project Name 1

1.4 Year

Quantities of work executed as prime contractor (in the same name) during the last five years specified in 1.2 above: Name of Work Name of Employer Quantity of work performed (cum)20 Cement Concrete Masonry Earthworks Remarks (Indicate contract reference)

2000-01 2001-02 2002-03 2003-04 2004-05 1.5 (A) Information on works for which Tenders have been submitted and works which are yet to be completed as on the date of this Tender. Existing commitments and on-going works:

18 19

Change the years appropriately Attach Certificate from Chartered Accountant 20 Items of work for which data is requested should tally with that specified in ITT Clause 3 K/W-4 Works/Open tender/Item Rate/>Rs.100 lakhs<1000 lakhs

15 _______________________________________________________________________________________ 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) __________________________________________________________________________________________

__________________________________________________________________________________________ (B) Works for which Tenders already submitted: __________________________________________________________________________________________ Description Place Name and Estimated Stipulated Date when Remarks of & Address of value of works period of decision is if any Work State Employer (Rs. lakhs) completion expected (1) (2) (3) (4) (5) (6) (7)

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. Requirement22 No. Capacity Owned and available Number/ Age/ Capacity Condition Remarks

Item of Equipment

Owned

1.7 1.8 1.9. 1.10

Reports on the financial standing of the tenderer, such as profit and loss statements and auditors reports for the last five years; 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. Name, address, and telephone, telex, and fax numbers of the Tenderers' bankers who may provide references if contacted by the Employer. 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: BANKERS 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

21 22

Attach Certificates from Engineers in- Charge The item of equipment, required number and capacity should match with those specified in ITT Clause 3.3 (a) Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

K/W-4

16

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 .
Value of Sub-Contract Identified Sub-Contractor (Name and address) Experience of similar work 23

Item of Work

1.12

Information on litigations in which the Tenderer is involved:

Employer Details of dispute Amount involved Remarks showing present status

Other Party (ies)

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.

23

Attach certificates from the respective Employers. Works/Open tender/Item Rate/>Rs.100 lakhs<1000 lakhs

K/W-4

17 SECTION 4: FORMS OF TENDER, LETTER OF ACEPTANCE, NOTICE TO PROCEED WITH THE WORK AND AGREEMENT FORM Form of Tender Description of the Works: ___________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ _______________________________________________________ 24 Tender To : ________________________________________________

Address : _______________________________________________________________ ___________________________________________________________________________ 25 GENTLEMEN, We offer to execute the Works described above in accordance with the Conditions of Contract accompanying this Tender for the Contract Price of _________ [in figures] (________________________________________________) [in letters].26 This Tender and your written acceptance of it shall constitute a binding contract between us. We understand that you are not bound to accept the lowest or any Tender you receive. The advance payment required is Rs. We undertake that, in competing for (and, if the award is made to us, in executing) the above contract, we will strictly observe the laws against fraud and corruption in force in India namely Prevention of Corruption Act 1988. We hereby confirm that this Tender complies with the Tender validity and Earnest money deposit required by the Tender documents. We attach herewith our current income-tax clearance certificate. Yours faithfully, Authorized Signature: Name & Title of Signatory: _________________________________________________________________ Name of Tenderer ______________________________________________ Address: -------------------------------------------------------------------------------------------------------------------------------------------

24 25 26

To be filled in by the Employer before issue of the Tender document To be filled in by the Employer before issue of the Tender document
To be filled in by the Tenderer, together with his particulars and date of submission at the bottom of the Form of Tender

K/W-4

Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

18 Letter of Acceptance (letterhead paper of the Employer) ________________________[date] To: _________________________________________________________________________[name and address of the Contractor]

Dear Sirs, This is to notify you that your Tender dated ____________ for execution of the ______________________________________________________________________________________ [name of the contract and identification number, as given in the Instructions to Tenderers] for the Contract Price of Rupees ___________________________________________________________ (_____________) [amount in words and figures], as corrected and modified in accordance with the Instructions to Tenderers is hereby accepted by our Agency. You are hereby requested to furnish Security deposit 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 and Title of Signatory Name of Agency --------------------------------------------------------------------------------------------------------------------------------------Issue of Notice to proceed with the work (letterhead of the Employer) (date) To (name and address of the Contractor) Dear Sirs: Pursuant to your furnishing the requisite security deposit as stipulated in ITT Clause 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, (Signature, name and title of signatory authorized to sign on behalf of Employer)

27

Name of the Contract Works/Open tender/Item Rate/>Rs.100 lakhs<1000 lakhs

K/W-4

19 Agreement Form Agreement This agreement, made the ___________________day of ______________20_______, between___________________________________________________________________________________ ________________________________________[name and address of Employer] (hereinafter called the Employer) of the one part and _____________________________________________ __________________________________________________________________________________________ ______________________________________________________[name and address of contractor] (hereinafter called the Contractor) of the other part. Whereas the Employer is desirous that the Contractor execute _____________________________ __________________________________________________________________________________________ ______________________________________________________________________________________[ name and identification number of Contract] (hereinafter called the Works) and the Employer has accepted the Tender by the Contractor for the execution and completion of such Works and the remedying of any defects therein at a contract price of Rupees............................... NOW THIS AGREEMENT WITNESSETH as follows: 1. 2. 3. 4. 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. 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. 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. 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) Contractors Tender; iv) Contract Data; v) Conditions of contract (including Special Conditions of Contract); vi) Specifications; vii) Drawings; viii) Bill of Quantities; and ix) Any other document listed in the Contract Data as forming part of the contract.

In witness whereof the parties thereto have caused this Agreement to be executed the day and year first before written. The Common Seal of ___________________________________________________________ was hereunto affixed in the presence of: Signed, Sealed and Delivered by the said ___________________________________________________ _________________________________________________________________________________ in the presence of: Binding Signature of Employer Binding Signature of Contractor _______________________________________________________ _____________________________________________________

K/W-4

Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

20 SECTION 5: CONDITIONS OF CONTRACT

Table of Contents
A. General 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12 13. 14. 15 16 17. 18 19. 20. 21. 22. 23. 24. B. Definitions Interpretation Law governing contract Employers decisions Delegation Communications Subcontracting Other Contractors Personnel Employers and Contractors risks Employers risks Contractors risks Insurance Site Investigation Report Query about Contract Data Contractor to construct the Works The Works to be completed by Intended Completion Date Approvals by the Employer Safety Discoveries Possession of the Site Access to the Site Instructions Procedure for resolution of disputes Page No. 21 21 22 22 22 22 22 22 22 22 22 23 23 23 23 23 23 24 24 24 24 24 24 24

Time Control 25. 26. 27. 28. Program Extension of the Intended Completion Date Delays ordered by the Employer Management meetings 24 25 25 25

C.

Quality Control 29. 30. 31. 32. Identifying defects Tests Correction of defects Uncorrected defects 25 25 25 25

D.

Cost Control 33 34 35. 36. 37 38. 39. 40 41. 42. 43. 44. Bill of Quantities (BOQ) Variations Payment for Variations Submission of bills for payment Payments Compensation events Tax Price Adjustment Liquidated damages Advance Payments Securities Cost of repairs 26 26 26 27 27 27 27 27 28 28 28 29

Finishing of Contract 45. 46. 47. 48. 49. 50 51. 52. Completion Taking Over Final account As built drawings and/or Operating and Maintenance Manuals Termination Payment upon termination Property Release from performance 29 29 29 29 29 30 30 30 31

Special Conditions of Contract

K/W-4

Works/Open tender/Item Rate/>Rs.100 lakhs<1000 lakhs

21 Conditions of Contract A. General 1. 1.1 Definitions 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. 2.1 Interpretation 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. 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

2.2

K/W-4

Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

22 (3) (4) (5) (6) (7) (8) (9) 3. 3.1 4. 4.1 5. 5.1 6. 6.1 7. 7.1 Contractors Tender Contract Data Conditions of Contract Specifications Drawings Bill of quantities and any other document listed in the Contract Data as forming part of the Contract.

Law governing contract The law governing the Contract is the Laws of India supplanted by the Karnataka Local Acts. Employer's decisions Except where otherwise specifically stated, the Employer will decide contractual matters between the Employer and the Contractor . Delegation 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. Communications 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). Subcontracting 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. Other Contractors The Contractor shall cooperate and share the Site with other contractors, public authorities, utilities, and the Employer. Personnel The Contractor shall employ the technical personnel (of number and qualifications) as may be stipulated by GOK from time to time during the execution of the work. The technical staff so employed shall be available at site as may be stipulated by the Employer. If the Employer asks the Contractor to remove a person who is a member of the Contractors 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. Employers and Contractor's risks The Employer carries the risks which this Contract states are Employers risks, and the Contractor carries the risks which this Contract states are Contractors risks. Employer's risks

8. 8.1 9. 9.1 9.2

10. 10.1 11.

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

K/W-4

Works/Open tender/Item Rate/>Rs.100 lakhs<1000 lakhs

23 (b) a cause due solely to the design of the Works, other than the Contractors 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. 12.1 Contractors risks 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. Insurance: 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 Contractors equipment; (b) for liability of both Parties for loss, damage, death and injury to third parties or their property arising out of the Contractors performance of the Contract including the Contractors liability for damage to the Employers property other than the Works and (c) for liability of both Parties and of any Employers representative for death and injury to the Contractors personnel except to the extent that liability arises from the negligence of the Employer, any Employers representative or their Employees. 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. If the Contractor fails to effect or keep in force any of the insurances referred to in the previous subclauses 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. Alterations to the terms of an insurance shall not be made without the approval of the Employer. Both Parties shall comply with any conditions of the insurance policies. Site Investigation Reports: 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. Queries about the Contract Data The Employer will clarify queries on the Contract Data. Contractor to construct the Works The Contractor shall construct the Works in accordance with the Specification and Drawings. The Works to be completed by the Intended Completion Date

13. 13.1

13.2

13.3

13.4 13.5 14. 14.1 15. 15.1 16. 16.1 17.

K/W-4

Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

24 17.1 The Contractor may commence execution of the Works on the Start Date and shall carry out the Works in accordance with the program submitted by the Contractor, as updated with the approval of the Employer, and complete them by the Intended Completion Date. Approval by the Employer: 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. The Contractor shall be responsible for the design of Temporary Works The Employers approval shall not alter the Contractors responsibility for design of the Temporary Works. The Contractor shall obtain approval of third parties to the design of third parties to the design of the temporary Works where required. 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. Safety The Contractor shall be responsible for the safety of all activities on the Site. Discoveries 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. Possession of the Site 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. Access to the Site The Contractor shall allow the Employer and any person authorized by the Employer access to the Site, to any place where work in connection with the Contract is being carried out or is intended to be carried out and to any place where materials or plant are being manufactured / fabricated / assembled for the works. Instructions The Contractor shall carry out all instructions of the Employer which comply with the applicable laws where the Site is located. Procedure for resolution of Disputes: 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 Employers decision. If neither party refers the dispute to Arbitration within the above 30 days, the Employers decision will be final and binding. The Arbitration shall be conducted in accordance with the arbitration procedure stated in the Special Conditions of Contract. B. Time Control 25. Program

18. 18.1 18.2 18.3 18.4 18.5 19. 19.1 20. 20..1

21. 21.1

22. 22.1

23. 23.1 24. 24.1 24.2 24.3

K/W-4

Works/Open tender/Item Rate/>Rs.100 lakhs<1000 lakhs

25 25.1 25.2 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. 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. Extension of the Intended Completion Date 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. The Employer shall decide whether and by how much to extend the Intended Completion Date within 21 days of the Contractor asking the Employer for a decision upon the effect of a Compensation Event or Variation and submitting full supporting information. Delays ordered by the Employer The Employer may instruct the Contractor to delay the start or progress of any activity within the Works. Management meetings 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. 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. 29.1 Identifying defects The Employer shall check the Contractor's work and notify the Contractor of any Defects that are found. Such checking shall not affect the Contractor's responsibilities. The Employer may instruct the Contractor to search for a Defect and to uncover and test any work that the Employer considers may have a Defect Tests If the Employer instructs the Contractor to carry out a test not specified in the Specification to check whether any work has a Defect and the test shows that it does, the Contractor shall pay for the test and any samples. If there is no Defect the test shall be a Compensation Event. Correction of defects 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. Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the length of time specified by the Employers notice. Uncorrected defects If the Contractor has not corrected a Defect within the time specified in the Employers notice, the Employer will assess the cost of having the Defect corrected, and the Contractor will pay this amount. D. Cost Control

26. 26.1 26.2

27. 27.1 28. 28.1 28.2

30. 30.1

31. 31.1 31.2 32. 32.1

K/W-4

Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

26

33. 33.1 33.2 34. 34.1

Bill of Quantities (BOQ) The BOQ shall contain items for the construction, installation, testing, and commissioning work to be done by the Contractor. 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 Variations 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. 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. 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. The Contractor shall promptly request in writing the Employer to confirm verbal orders and if no such confirmation is received within 15 days of request, it shall be deemed to be an order in writing by the Employer. Payments for Variations 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. 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. 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 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. 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 Employers own forecast of the effects of the Variation on the Contractor's costs. 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. Under no circumstances the Contractor shall suspend the work on the plea of non-settlement of rates for items falling under this Clause.

34.2 34.3 34.4

35. 35.1 35.2

35.3

35.4 35.5 35.6 35.7

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Works/Open tender/Item Rate/>Rs.100 lakhs<1000 lakhs

27 36. 36.1 36.2 36.3 37. 37.1 37.2 38. 38.1 Submission of bills for payment The Contractor shall submit to the Employer monthly bills of the value of the work completed less the cumulative amount paid previously. 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. 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. Payments Payments shall be adjusted for deductions for advance payments, other recoveries in terms of the contract and taxes, at source, as applicable under the law. The Employer shall pay the Contractor the within 60 days of submission of bill. 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. Compensation events 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 Employers 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. 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. 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 Employers own forecast. The Employer will assume that the Contractor will react competently and promptly to the event. 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. Tax 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. Price Adjustment: 28

38.2

38.3

38.4

39. 39.1

40.

28

Delete this Clause if the period of completion is less than 12 months Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

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28 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 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. Liquidated damages 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. 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. Advance Payments: 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. 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. 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. Securities: 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

41. 41.1

41.2

42. 42.1

42.2 42.3

43. 43.1

29

Refer GOK Order No.FD 59 Pro.Cell 2004, Bangalore Dated 26th November 2004 Works/Open tender/Item Rate/>Rs.100 lakhs<1000 lakhs

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29 unbalanced tenders shall be valid until a date 30 days from the date of issue of the certificate of completion. 44. 44.1 Cost of Repairs: Loss or damage to the Works or Materials to be incorporated in the Works between the Start Date and the end of the Defects Correction periods shall be remedied by the Contractor at the Contractor's cost if the loss or damage arises from the Contractor's acts or omissions. E. Finishing the Contract 45. 45.1 46. 46.1 47. 47.1 Completion The Contractor shall request the Employer to issue a Certificate of Completion of the Works and the Employer will do so upon deciding that the Work is completed. Taking over The Employer shall take over the Site and the Works within seven days of issuing a certificate of Completion. Final account 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 Contractors revised account. As built drawings and /or Operating and Maintenance Manuals If as built30 Drawings and/or operating and maintenance manuals are required, the Contractor shall supply them by the dates stated in the Contract Data. If the Contractor does not supply the Drawings by the dates stated in the Contract Data, or they do not receive the Employers approval, the Employer shall withhold the amount stated in the Contract Data from payments due to the Contractor. Termination The Employer or the Contractor may terminate the Contract if the other party causes a fundamental breach of the Contract. 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;

48. 48.1 48.2

49. 49.1 49.2

30

Completion drawings Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

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30 the Contractor does not maintain a security which is required; 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 noncompetitive levels and to deprive the Borrower of the benefits of free and open competition. 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. Notwithstanding the above, the Employer may terminate the Contract for convenience. If the Contract is terminated the Contractor shall stop work immediately, make the Site safe and secure and leave the Site as soon as reasonably possible. Payment upon Termination 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. 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. Property 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 Contractors default. Release from performance If the Contract is frustrated by any event entirely outside the control of either the Employer or the Contractor the Employer shall certify that the Contract has been frustrated. The Contractor shall make the Site safe and stop work as quickly as possible after receiving this certificate and shall be paid for all work carried out before receiving it and for any work carried out afterwards to which commitment was made (f) (g)

49.3 49.4 49.5 50. 50.1

50.2

51. 51.1 52. 52.1

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Works/Open tender/Item Rate/>Rs.100 lakhs<1000 lakhs

31 F. Special Conditions of Contract 1. Labour : The Contractor shall, unless otherwise provided in the Contract, make his own arrangements for the engagement of all staff and labour, local or other, and for their payment, housing, feeding and transport. The Contractor shall, if required by the Employer, deliver to the Employer a return in detail, in such form and at such intervals as the Employer may prescribe, showing the staff and the numbers of the several classes of labour from time to time employed by the Contractor on the Site and such other information as the Employer may require. 2. Compliance with labour regulations : During continuance of the contract, the Contractor and his sub contractors shall abide at all times by 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. 4.1 Arbitration (Clause 24 ) The procedure for arbitration shall be as follows: (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)

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Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

32 (b) Arbitration proceedings shall be held at31, 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. [ Add other Clauses specific to the work for which tenders are invited.]

31

To be filled in by the Employer before issue of the Tender document. Works/Open tender/Item Rate/>Rs.100 lakhs<1000 lakhs

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33 Annexure: LIST OF ORGANIZATIONS WHO ARE CONSIDERED AS APPOINTING AUTHORITY FOR APPOINTMENT OF ARBITRATORS32 1. Indian Council of Arbitration, New Delhi; 2. International Centre for Alternative Disputes Resolution (India); 3. Indian Roads Congress; 4. Indian Building Congress; 5. Indian Institute of Bridge Engineers; 6. Indian Institute of Public Health Engineers; 7. Institute of Water Works

32

Add any other Organization considered suitable. Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

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34

SECTION 6: CONTRACT DATA Items marked "N/A" do not apply in this Contract. The following documents are also part of the Contract: The Schedule of Operating and Maintenance Manuals The Methodology and Program of Construction Site Investigation Reports The Schedule of Key and Critical Equipment to be deployed on the work as per agreed program of construction. Clause Reference [48] [25] [14] [25]

The Employer is : Name: __________________________________ Address: ___________________________________ Name of authorized Representative: __________________________ The name and identification number of the Contract is ______________________________________________________________________________________ __ [insert name and number as indicated in the Invitation for Tenders ]. [1.1] The Works consist of --------------------------------------------------------------[brief summary, including relationship to other contracts under the Project]. The start date shall be the date of issue of notice to proceed with the work. The Intended Completion Date for the whole of the Works is --------------------------33 with the following milestones Milestone dates: Physical works to be completed Milestone 1 i.e., Milestone 2 i.e., Milestone 3 i.e., The Site Possession Date is:34 The Site is located at ______________________________________ and is defined in drawings nos. ______________________________ _______________________________________________________
33

[1.1]

[1.1] [17, 26]

Period from the date of issue of Notice to proceed with the work . months ..months . months [21] [1.1]

At the time of preparation of the tender document give the period required for completion of whole work and the milestones. When the Agreement is drawn after award of contract the dates can be put in. 34 At the time of preparation of the tender document give the period after the issue of work order, when the site would be made available to the contractor, for example one week after the issue of work order K/W-4 Works/Open tender/Item Rate/>Rs.100 lakhs<1000 lakhs

35

The Defects Liability Period is ________ days35. Insurance requirements are as under: Type of Cover (i) (ii) (iii) (iv) Works and of Plant and materials Loss or damage to equipment Loss or damage to property of Third Party Personal injury or death insurance (a) for Third Party37 (b) for Contractors employees or labour Minimum cover for Insurance36 The sum stated in the Agreement plus 20% Full replacement cost Full replacement cost

[31] [13]

In accordance with the statutory requirements applicable to Karnataka

Price Adjustment Formula;38 R= Value of work as defined in Clause 40.1 of Conditions of Contract. Adjustment for labour component: (i)

[40]

Price adjustment for increase or decrease in the cost due to labour shall be paid in accordance with the following formula: VL = 0.85 X PL /100 X R X(Li - Lo ) /Lo Where, VL = Increase or decrease in the cost of work during the quarter under consideration due to changes in rates for local labour; Lo = The average consumer price index39 for industrial workers for . 40Centre for the quarter preceding the date of opening of tenders as published by the Labour Bureau, Ministry of Labour, Government of India; Li = The average consumer price index for industrial workers for . Centre for the quarter under consideration as published by Labour Bureau, Ministry of Labour, Government of India PL = Percentage of labour component of the work

Adjustment for Cement Component: The period should depend up on the period required for testing of the work. In case of building it could be 12 months (passing of one rainy season); for pipe laying work, tanks, water retaining structures, the time required for testing; for canals, lining works, the passing of one monsoon or running of canal whichever is lower; roads and highways passing of one monsoon (12 months) 36 Employer to specify as per requirement. Exclusions if any should also be specified. 37 Specify an appropriate figure. For normal works it could be Rs.20 lakhs to cover 4 persons @Rs.5 lakhs each. 38 The Formula has some normal components. It should be changed if need be to suit the nature of the work. 39 The Index numbers are available in the web site http://labourbureau.nic.in/indtab.html 40 Insert the name of center. The centers for which the indices presently available for Karnataka State are Bangalore, Belgaum, Hubli/Dharwad, Mercara. Chose the center nearest to the work for which tenders are invited. K/W-4 Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs
35

36

(ii)

Price adjustment for increase or decrease in the cost of cement component procured by the contractor shall be paid in accordance with the following formula. VC = 0.85 X PC /100 X R X (Ci - Co ) /Co , Where, VC = Increase or decrease in the cost of the work during the quarter under consideration due to changes in the rates for cement; Co = The all India average wholesale price index 41for cement (Ordinary Portland Cement) for the quarter preceding the date of opening of the tenders as published by the Office of Economic Advisor, Ministry of Commerce and Industry, Government of India , New Delhi; Ci = The all India average wholesale price index for cement (Ordinary Portland Cement) for the quarter under consideration as published by the Office of Economic Advisor, Ministry of Commerce and Industry, Government of India, New Delhi PC = Percentage of cement component of the work

Note: For the application of this clause index of Ordinary Portland Cement42 has been chosen to represent Cement Group Adjustment for steel component: (iii) Price adjustment for increase or decrease in the cost of steel procured by the contractor shall be paid in accordance with the following formula. VS = 0.85 X PS /100 X R X (Si So)/So where, VS = Increase or decrease in the cost of work during the quarter under consideration due to changes in the rates for steel; So = The all India average wholesale price index for steel (M.S.Bars and rods) for the quarter preceding the date of opening of Bids as published by the Office of Economic Advisor, Ministry of Commerce and Industry, Government of India, New Delhi Si = The all India average wholesale price index for steel (M.S. Bars and Rods) for the quarter under consideration as published by the Office of Economic Advisor, Ministry of Commerce and Industry, New Delhi PS = Percentage of steel component of the work Note: For the application of this clause, index of M.S.Bars and Rods43 has been chosen to represent steel group. Adjustment of Bitumen Component: (iv) Price adjustment for increase or decrease in the cost of bitumen shall be paid in accordance with the following formula: VB = 0.85 X PB/100 X R X (Bi Bo)/Bo , Where VB = Increase or decrease in the cost of work during the quarter under consideration due to changes in the rate for bitumen. Bo = The official retail price of bitumen at the IOC /HPCL/BPL or any other depot at . 44 on the day 30 days prior to the date of opening of Bids. Bi = The official retail price of bitumen at the IOC/HPCL/BPL or any other depot at . for the 15th day of the middle calendar month of the quarter under consideration. PB = Percentage of bitumen component of the work.
41 42

The index number are available in the web site http://eaindustry.nic.in This may be changed to any other type of cement depending on the nature of work. 43 This may be changed depending on the major type of steel used depending on the nature of work 44 Insert the nearest location of POL Depot K/W-4 Works/Open tender/Item Rate/>Rs.100 lakhs<1000 lakhs

37

Adjustment of Fuel and Lubricant component: (v) Price adjustment for increase or decrease in cost of Fuel and Lubricants shall be paid in accordance with the following formula: VF = 0.85 X PF /100 X R X (Fi - Fo )/ Fo, Where, VF = Increase or decrease in the cost of work during the quarter under consideration due to changes in the rates for Fuel and Lubricants. Fo = The official retail price of High Speed Diesel (HSD) at the IOC/HPCL/BPL or other consumer pump at . 45on the day 30 days prior to the date of opening of Bids. Fi = The official retail price of HSD at the IOC/HPCL/BPL or other consumer pump at . for the 15th day of the middle calendar month of the quarter under consideration. PF = Percentage of Fuel and Lubricant component of the work. Note: For the application of this Clause the price of HSD46 has been chosen to represent Fuel and Lubricant Group Adjustment for Plant and Machinery Spares Component: (vi) Price adjustment for increase or decrease in the cost of plant and machinery spares procured by the contractor shall be paid in accordance with the following formula: VP = 0.85 X PP/100 X R X (Pi Po)/Po , Where VP = Increase or decrease in the cost of work during the quarter under consideration due to changes in the rates for plant and machinery spares. Po = The all India average wholesale price index for Heavy machinery and parts for the quarter preceding the date of opening of bids, as published by the Office of the Economic Advisor, Ministry of Commerce and Industry, Government of India, New Delhi Pi = The all India average wholesale price index for Heavy machinery and parts for the quarter under consideration as published by the Office of the Economic Advisor, Ministry of Commerce and Industry, Government of India, New Delhi PB = Percentage of Plant and Machinery Spares component of the work. Note: For the application of this Clause index of Heavy Machinery and Parts47 has been chosen to represent the Plant and Machinery Spares Group. Adjustment for Other materials.: (vii) Price adjustment for increase or decrease in the cost of other materials other than cement, steel, bitumen and Fuel and Lubricants48, procured by the contractor shall be paid in accordance with the following formula: VM = 0.85 X PM/100 X R X (Mi Mo)/Mo , Where VM = Increase or decrease in the cost of work during the quarter under consideration due to changes in the rates for local materials other than cement, steel, bitumen and Fuel and Lubricants.

45 46

Insert the location of the nearest POL Consumer pump This could be appropriately changed to any other item depending on the nature of work. 47 This could be appropriately changed to any other item depending on the nature of the work. 48 Add, delete or change depending on the nature of work. K/W-4 Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

38 Mo = The all India average wholesale price index for all commodities for the quarter preceding the date of opening of bids, as published by the Office of the Economic Advisor, Ministry of Commerce and Industry, Government of India, New Delhi Mi = The all India average wholesale price index for all commodities for the quarter under consideration as published by the Office of the Economic Advisor, Ministry of Commerce and Industry, Government of India, New Delhi PM = Percentage of other material component (Other than cement, steel, bitumen and Fuel and Lubricants) of the work. The following percentages 49will govern the price adjustment for the entire contract:50 1. 2. 3. 4. 5. 6 7 Labour PL .. % Cement PC % Steel PS % Bitumen PB % Fuel and Lubricants PF51 % Plant and Machinery Spares PP52 .% Other materials PM .% TOTAL 100 %53

The liquidated damages for the whole of the works are Rs. (amount) per day54 and that for the milestones are as under: For Milestone 1: For Milestone 2: For Milestone 3: Rs. per day Rs. per day Rs. . Per day [41]

The maximum amount of liquidated damages for the whole of the works is ten percent of final contract price. The amounts of the advance payment are: Nature of Advance 1. Mobilization Amount (Rs.) 5% of the Contract price

[41] [42] Conditions to be fulfilled

On submission of un-conditional Bank Guarantee. (to be drawn before end of 20% of Contract period)

(The advance payment will be paid to the Contractor no later than 30 days after fulfillment of the above conditions). Repayment of advance payment for mobilization : [42]

The advance loan shall be repaid with percentage deductions from the interim payments certified by the Engineer under the Contract. Deductions shall commence in the next Interim Payment Certificate following that in which the total of all such payments to the Contractor has reached not less than 15 percent of the Contract Price
49

The percentages have to be approximately worked out on the estimates of cost and incorporated in the tender document before issue. It shall not be changed even if there is change of scope of work during execution. 50 The components could be added or deleted or changed depending on the nature of the work. 51 This could vary from 5% for normal works and 10% for highly mechanized operations in the work 52 This could vary from 15% for normal works to 30% for highly mechanized operations in the work 53 The total of the percentages for the various components of the works should be 100. 54 The amount is usually computed on the basis of 0.1% of the contract price per day. The amount has to be specified as a round figure nearest to the hundred. K/W-4 Works/Open tender/Item Rate/>Rs.100 lakhs<1000 lakhs

39 or 55months from the date of payment of first installment of advance, whichever period concludes earlier, and shall be made at the rate of 7.5% percent of the amounts of all Interim Payment Certificates until such time as the loan has been repaid, always provided that the loan shall be completely repaid prior to the expiry of the original time for completion pursuant to Clauses 17 and 26.
56

The date by which as-built57 drawings (in scale 58) in 2 sets are required is within 30 days of issue of certificate of completion of Whole or Section of the Work as the case may be. [48] 59 The date by which Operating and Maintenance Manuals are required is within 30 days of issue of certificate of completion of Whole or Section of the Work as the case may be. [48] The amount to be withheld for failing to supply as built60 drawings or supply of Operation and Maintenance Manuals by the date required is Rs._____________61 [48] 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. [49.2]

The percentage to apply to the value of the work not completed representing the Employer's [50.1] additional cost for completing the Works shall be 30 62percent.

55 56

To be filled up by the Employer before issue of the tender document; say Three or four months Score out which ever is not applicable. 57 Completion drawings 58 Specify an appropriate scale 59 Score out which ever is not applicable. 60 The amount should be sufficient to get the completion drawings or Operating and Maintenance Manuals prepared by alternative agency in case the contractor fails to submit. 61 To be filled by the Employer before the issue of tender document. 62 Change if need be. It should be sufficient to get the balance of works completed by alternative agency. K/W-4 Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

40

SECTION 7: SPECIFICATIONS

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Works/Open tender/Item Rate/>Rs.100 lakhs<1000 lakhs

41

SECTION 8: DRAWINGS

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Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

42

SECTION 9: BILL OF QUANTITIES Rate (Rs) In figures In words

Sl. No.

Description of item (with brief specification and reference to Book of specification)

Quantity

Unit

Amount (Rs)

Total Tender Price (in figures) (in words) Note: (1) Item for which no rate or price has been entered in will not be paid for by the Employer when executed and shall be deemed covered by the other rates and prices in the Bill of Quantities (refer: ITB Clause 11.2 and CC Clause 37.2). Unit rates and prices shall be quoted by the Tenderer in Indian Rupees. Where there is a discrepancy between the rate in figures and words, the lower of the two will govern. [ITT Clause 24.1(a)] 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)]

(2) (3) (4)

K/W-4

Works/Open tender/Item Rate/>Rs.100 lakhs<1000 lakhs

43 SECTION 10: FORMAT OF BANK GUARANTEE FOR SECURITY DEPOSIT To: ______________________________________________ [name of Employer] _________________________________________ [address of Employer]

WHEREAS _________________________ [name and address of Contractor] (hereinafter called "the Contractor") has undertaken, in pursuance of Contract No. _____ dated ________________ to execute __________________________ [name of Contract and brief description of Works] (hereinafter called "the Contract"); AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance with his obligations in accordance with the Contract; AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee; NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of the Contractor, up to a total of Rs.____________________ [amount of guarantee] 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. We further agree that no change or addition to or other modification of the terms of the Contract or of the Works to be performed there under or of any of the Contract documents which may be made between you and the Contractor shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification. This guarantee shall be valid until 30 days from the date of expiry of the Defects Liability Period. Signature and seal of the guarantor _____________________________ Name of Bank ____________________________________________ Address ____________________________________________ Date ____________________________________________

63 64

An amount shall be inserted by the Guarantor, representing the percentage of the Contract Price specified in the Contract An amount shall be inserted by the Guarantor, representing the percentage of the Contract Price specified in the Contract

K/W-4

Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

44

K/W-4

Works/Open tender/Item Rate/>Rs.100 lakhs<1000 lakhs

Final payment (11.6)

K/W-4

Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

46

K/W-4

Works/Open tender/Item Rate/>Rs.100 lakhs<1000 lakhs

K/W-4

Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

K/W-4

Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

K/W-4

Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs

K/W-4

Works/Open tender/Item Rate/>Rs.100 lakhs <1000 lakhs