KW-1

GOVERNMENT OF KARNATAKA

RURAL DRINKING WATER & SANITATION DIVISION, TUMKUR.

PH; 0816-2252960

TENDERS FOR THE WORK : Constuction of proposed Solid Resource management center in
Mankikere Village at Mankikere GP of TIPTUR Taluk (Waste Disposal Unit)
RWSSD/2020-21/BD/WORK_INDENT27594
Constuction of proposed Solid Resource
management center in Mankikere Village at
TENDERS FOR THE WORK: Mankikere GP of TIPTUR Taluk (Waste
Disposal Unit) RWSSD/2020-
21/BD/WORK_INDENT27594
TENDER REFERENCE
NOTIFICATION NO:08/20-21 Dated:03.02.2021
Downloading of document
through e-portal starts from 03-02-2021 Time:11:00AM (through e-Procurement
Portal)
Last Date & Time for
Receipt of Bids : 17-02-2021 at 17.00 P M Hours

Time & Date of opening of

technical and Financial 19-02-2021 at 11.00 A M Hours
Bids :

Office of The Executive Engineer,

Place of opening of technical
Rural Drinking Water & Sanitation Division
Bids :
TUMKUR

Office of The Executive Engineer,

Officer inviting Bids Rural Drinking Water & Sanitation Division
TUMKUR

Office of The Executive Engineer,

Place of opening of Financial
Rural Drinking Water & Sanitation Division
Bids :
TUMKUR

Contents

Contractor Executive Engineer. 1

RDWS. Division, Tumkur
 KW-1

Section Description Page

No.

1 INVITATION FOR TENDERS (IFT) 3

2 INSTRUCTIONS TO TENDERERS (ITT) 4

3. QUALIFICATION INFORMATION 14

4. FORM OF TENDER, LETTER OF ACCEPTANCE, NOTICE TO 17

PROCEED WITH THE WORK AND AGREEMENT FORM

5. CONDITIONS OF CONTRACT (CC) 20

6. CONTRACT DATA 34

7 SPECIFICATIONS 40

8 DRAWINGS 41

9. BILL OF QUANTITIES 42

Contractor Executive Engineer. 2

RDWS. Division, Tumkur
 KW-1

INVITATION FOR TENDERS (IFT)

(THROUGH E – PROCUREMENT ONLY)

(TENDER NOTIFICATION) IFT No. 8/2020-21 Dated: 03-02-2021

1. The Executive Engineer, RDWSDivision, Tumkur invites Item Rate Tenders from eligible Tenderers for the
Works detailed in the Table given below. The Tenderers may submit Tenders for any or all of the works given in
the table.

2. Tender Documents may be downloaded from Government of Karnataka e – Procurement website

https://eproc.karnataka.gov.in/eportal/index.seam from 03-02-2021 under login for Contractors. After login to
Contractors, please scroll down to the right side bottom to see List of Tenders, please click there to find the Details
of NIT and download copy of the Tender. The Tender can be downloaded in the Portal as per the prescribed Date
and Time published in the Portal. Only interested Tenderers who wish to participate shall remit online Transaction
Fee for the Tender after registering in the Portal. The Transaction Fee is non – refundable.

3. Tenders must be accompanied by Earnest Money Deposit (EMD), which shall be paid online through e –
Procurement Portal using any of the following Payment Modes: EMD Relaxation declaration
certificate to be submit Compulsory

4. Tenders must be electronically submitted (online through Internet) within the Date and Time published in e –
Procurement Portal. First Cover of the Tenders will be opened at the Prescribed Time and Date as mentioned in the
e – Procurement Portal in the presence of the Tenderers who wish to attend at the Office of the Executive
Engineer, RDWSDivision Tumkur.

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

TABLE
Period of
Apprx. Tender Processing
Sl. Completion
Value of EMD Fee Non
No Name of the Work (in days)
Work (Rs. (Rs.) Refundable (In
. including
In Lakhs) Rs.)
monsoon

Constuction of proposed Solid EMD

Resource management center in Relaxation
1 declaration As per
Mankikere Village at Mankikere GP
of TIPTUR Taluk (Waste Disposal 9.37 certificate to
e-procurement
Portal
90 DAYS

Unit) RWSSD/2020- be submit

21/BD/WORK_INDENT27594 Compulsory

Executive Engineer
RDWSDivision, Tumkur

Contractor Executive Engineer. 3

RDWS. Division, Tumkur
 KW-1

SECTION 2: INSTRUCTIONS TO TENDERERS (ITT)

Table of Clauses

A. General

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

B. Tender Documents

4. Content of Tender Documents

5. Amendment of Tender Documents

C. Preparation of Tenders

6. Documents comprising the Tender

7. Tender Prices
8. Tender Validity
9. Earnest Money Deposit
10. Format and Signing of Tender

D. Submission of Tenders

11. Sealing and Marking of Tenders

12. Deadline for Submission of Tenders
13. Late Tenders
14. Modification and Withdrawal of Tenders

E. Tender Opening and Evaluation

15. Tender opening

16. Process to be confidential
17. Clarification of Tenders
18. Examination of Tenders and determination of responsiveness
19. Correction of errors
20. Evaluation and comparison of Tenders

F. Award of Contract

22. Award Criteria

23. Employer’s Right to accept any Tender and to reject any or all Tenders
24. Notification of Award and Signing of Agreement
25. Security Deposit
26. Corrupt or Fraudulent Practices

Contractor Executive Engineer. 4

RDWS. Division, Tumkur
 KW-1

A. General
1. Scope of Tender
1.1 The Executive Engineer , RDWSDivision Tumkur (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") as detailed in Sl. No. 4 of the Table given in the
Invitation for Tenders (IFT).

2. Eligible Tenderers
2.1 Tenderers shall not be under a declaration of ineligibility for Corrupt and Fraudulent Practices issued by the
Government of Karnataka
2.2 Tenders from Joint Ventures are not acceptable.

3. Qualification of the Tenderer:

3.1 All tenderers shall provide the requested information accurately and in sufficient detail in Section 3: Form of
Tender and Qualification information.
3.2 To qualify for award of this contract, each tenderer in its name should have in the last five years i.e. 2014-15 to
3
2019-20)

(a) achieved in at least two financial years a minimum financial turnover (in all classes of civil engineering
construction works only) of Rs 9.37 Lakhs (usually not less than the estimated annual payments under
this contract);
(b) satisfactorily completed(at least 50% of the contract value), as prime contractor, at least one similar work
of Buildings of value not less than Rs 4.70 Lakhs
(c) 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. ...............
7
(usually not less than 50% of the electrical works)* in any one year;
(d) 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
8
any one year;

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

Assessed Available Tender Capacity = (A*N*2.5– B)

Where
A= Maximum value of Civil Engineering Works executed in any one year during the last five years
(updated to 2019 – 20 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, i. e. 60 days.
B= Value, at 2019– 20 price level, of existing commitments and on going works to be completed during
the next 60 days.

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

3.4 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

Contractor Executive Engineer. 5

RDWS. Division, Tumkur
 KW-1

 record of Poor Performance such as Abandoning the Works, Not Properly Completing the Contract,
Inordinate Delays in Completion, Litigation History, or Financial Failures, etc. and / or
 Participated in the Previous Tender for the Same Work and had quoted Unreasonably High Tender Prices
and could not furnish Rational Justification.

B. Tender Documents

4. Content of Tender Documents

4.1 The Set of Tender Documents shall have all the Sections given in Page 2.
4.2 Both the Sets should be completed and returned with the Tender.

5. Amendment of Tender documents

5.1 Before the Deadline for Submission of Tenders, the Employer may modify the Tender Documents by issuing
Addenda.
5.2 Any Addendum thus issued shall be part of the Tender Documents and shall be communicated in writing or by
cable to all the purchasers of the Tender Documents.
5.3 To give Prospective Tenderers reasonable time in which to take an Addendum into account in preparing their
Tenders, the Employer shall extend as necessary the Deadline for Submission of Tenders, in accordance with
Sub Clause 12.2 below.

C. Preparation of Tenders

6. Documents Comprising the Tender

6.1 The tender submitted by the Tenderer shall comprise the following:
(a) The Tender (in the format indicated in Section 3).
(b) Earnest Money Deposit;
(c) Priced Bill of Quantities;
(d) Qualification Information Form and Documents;
and any other materials required to be completed and submitted by tenderers in accordance with these
instructions. The documents listed under Sections 3, 5 and 8 shall be filled in without exception.

7. Tender prices

7.1 The contract shall be for the whole works as described in Sub-Clause 1.1, based on the priced Bill of
Quantities submitted by the Tenderer.
7.2 The Tenderer shall fill in Rates and 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.
7.3 All Duties, Taxes, and other Levies payable by the Contractor under the contract, or for any other cause, shall
be included in the Rates, Prices and Total Tender Price submitted by the Tenderer.
7.4 The Rates and Prices quoted by the Tenderer shall be fixed for the Duration of the Contract and shall not be
subject to adjustment on any account.

8. Tender Validity
8.1 Tenders shall remain valid for a period not less than Ninety (90) days after the Deadline Date for Tender
Submission specified in Clause 12. A Tender valid for a shorter period shall be rejected by the Employer as
Non Responsive.

Contractor Executive Engineer. 6

RDWS. Division, Tumkur
 KW-1

8.2 In exceptional circumstances, prior to expiry of the Original Time Limit, the Employer may request that the
Tenderers may extend the Period of Validity for a specified additional period. The request and the Tenderers'
responses shall be made in writing or by cable. A Tenderer may refuse the request without forfeiting his
Earnest Money Deposit. A Tenderer agreeing to the Request will not be required or permitted to modify his
tender, but will be required to extend the Validity of his Earnest Money Deposit for a period of the Extension,
and in compliance with Clause 9 in all respects.

9. Earnest Money Deposit

9.1 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 paid online through e –
Procurement Portal using any of the following Payment Modes: Credit Card, Direct Debit, National Electronic
Fund Transfer (NEFT), Over the Counter (OTC).
9.2 Instruments having fixed validity issued as earnest money deposit for the tender shall be valid for 45 days
beyond the validity of the tender.
9.3 Any tender not accompanied by an acceptable earnest money deposit and not secured as indicated in Sub-
Clauses 9.1 and 9.2 above shall be rejected by the Employer as non-responsive.
9.4 The earnest money deposit of unsuccessful tenderers will be returned within 30 days of the end of the tender
validity period specified in Sub-Clause 8.1.
9.5 The Earnest Money Deposit of the successful Tenderer will be discharged when the Tenderer has signed the
Agreement and furnished the required Performance Security.
9.6 The Earnest Money Deposit may be forfeited
(a) if the Tenderer withdraws the Tender after Tender Opening during the Period of Tender Validity.
(b) if the Tenderer does not accept the Correction of the Tender Price, pursuant to Clause 19 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. Format and Signing of Tender

10.1 The Tenderer shall prepare the Documents comprising the Tender as described in Clause 6 of these
Instructions to Tenderers. Tenderers shall attach all the Scanned Copies of Certificates pertaining to their
Eligibility Criteria, Qualification Information Documents and Credit Lines / Letter of Credit / Certificates
from Nationalised Banks, failing which the Bid will not be considered. No Physical Documents shall be
considered. All the Original Documents shall be produced for Verification whenever necessary.
10.2 The Tender shall be typed in indelible ink.
10.3 The Tender shall contain no alterations or additions, except those to comply with Instructions issued by the
Employer.

D. Submission of Tenders
11. Marking of Tenders
11.1 The Tenderer can access the Tender Documents on the website
https://eproc.karnataka.gov.in/eportal/index.seam fills them and upload the completed Tender Document into
Electronic Tender on the website itself.

12. Deadline for Submission of the Tenders

12.1 Tenders must be received by the Employer at the Address specified above no later than on 17-02-2021 5.00
p.m. In the event of the Specified Date for the Submission of Tenders being declared a Holiday for he
Employer, the Tenders will be received upto the Appointed Time on the next Working Day.
12.2 The Employer may extend the Deadline for Submission of Tenders by issuing an Amendment in Accordance
with Clause 5, in which case all Rights and Obligations of the Employer and the Tenderers previously subject
to the Original Deadline will then be subject to the New Deadline.

13. Late Tenders

Contractor Executive Engineer. 7

RDWS. Division, Tumkur
 KW-1

13.1 Any Tender received by the Employer after the Deadline prescribed in Clause 12 will be rejected unopened.

14. Modification and Withdrawal of Tenders

14.1 Tenderers may modify or withdraw their Tenders by giving Notice in Writing before the Deadline prescribed
in Clause 12.
14.2 Each Tenderer's Modification or Withdrawal Notice shall be prepared and uploaded in the Website Address
specified above in accordance with Clause 10 and 11, with the subject line as "MODIFICATION’ or
"WITHDRAWAL", as appropriate.
14.3 No Tender may be modified after the Deadline for Submission of Tenders.
14.4 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 8.1 above or as extended pursuant to Clause 8.2
may result in the forfeiture of the Earnest Money Deposit pursuant to Clause 9.
14.5 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

15. Tender Opening

15.1 The Employer will open the First Covers of all the Tenderers received (except those received late or
withdrawn), including “MODIFICATIONS” made pursuant to Clause 14, in the presence of the Tenderers or
their Representatives who choose to attend on 19-02-2021 11.00 AM ..at the Office of the of the Executive
Engineer, RDWS Division Tumkur In the event of the Specified Date of Tender Opening being declared a
Holiday for the Employer, the Tenders will be opened at the Appointed Time and Location on the next
Working Day.
15.2 Envelopes marked "WITHDRAWAL" shall be opened and read out first. Tenders for which an Acceptable
Notice of Withdrawal has been submitted pursuant to Clause 14 shall not be opened. Subsequently all
envelopes marked “MODIFICATION” shall be opened and the submissions there in read out in appropriate
detail.
15.3 The Tenderers’ names, the Presence or Absence of Earnest Money Deposit (Amount, Format and Validity),
the Submission of Qualification Information and such Other Information as the Employer may consider
Appropriate will be announced by the Employer at the Opening. Late and Withdrawn Tenders will be returned
unopened to Tenderers.
15.4 The Employer shall prepare Minutes of the Tender Opening, including the Information Disclosed to those
present in accordance with Sub Clause 15.3.
16. Process to be confidential
16.1 Information relating to the examination, clarification, evaluation, and comparison of Tenders and
recommendations for the award of a contract shall not be disclosed to Tenderers or any other persons not
officially concerned with such process until the award to the successful Tenderer has been announced. Any
effort by a Tenderer to influence the Employer's processing of Tenders or award decisions may result in the
rejection of his Tender.

17. Clarification of Tenders

17.1 To assist in the examination, evaluation, and comparison of Tenders, the Employer may, at his discretion, ask
any Tenderer for clarification of his Tender, including breakdowns of unit rates. The request for clarification
and the response shall be in writing or by cable, but no change in the price or substance of the Tender shall be
sought, offered, or permitted except as required to confirm the correction of arithmetic errors discovered by
the Employer in the evaluation of the Tenders in accordance with Clause 19.
17.2 Subject to sub-clause 17.1, no Tenderer shall contact the Employer on any matter relating to its Tender from
the time of the Tender opening to the time the contract is awarded. If the Tenderer wishes to bring additional
information to the notice of the Employer, it should do so in writing.
17.3 Any effort by the Tenderer to influence the Employer in the Employer’s Tender evaluation, Tender
comparison or contract award decisions may result in the rejection of the Tenderers’ Tender.

18. Examination of Tenders and determination of responsiveness

Contractor Executive Engineer. 8

RDWS. Division, Tumkur
 KW-1

18.1 Prior to the detailed evaluation of Tenders, the Employer will determine whether each Tender (a) meets the
eligibility criteria defined in Clause 2; (b) has been properly signed; (c) is accompanied by the required earnest
money deposit and; (d) is substantially responsive to the requirements of the Tender documents.
18.2 A substantially responsive Tender is one which conforms to all the terms, conditions, and specifications of the
Tender documents, without material deviation or reservation. A material deviation or reservation is one (a)
which affects in any substantial way the scope, quality, or performance of the Works; (b) which limits in any
substantial way, inconsistent with the Tender documents, the Employer's rights or the Tenderers obligations
under the Contract; or (c) whose rectification would affect unfairly the competitive position of other Tenderers
presenting substantially responsive Tenders.
18.3 If a Tender is not substantially responsive, it will be rejected by the Employer, and may not subsequently be
made responsive by correction or withdrawal of the nonconforming deviation or reservation.

19. Correction of errors

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

20. Evaluation and comparison of Tenders

20.1 The Employer will evaluate and compare only the Tenders determined to be substantially responsive in
accordance with Clause 18.
20.2 In evaluating the Tenders, the Employer will determine for each Tender the evaluated Tender Price by
adjusting the Tender Price as follows:
(a) making any correction for errors pursuant to Clause 19; and
(b) making appropriate adjustments to reflect discounts or other price modifications offered in
accordance with Sub Clause 14.5.

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

F. Award of Contract

21. Award criteria

21.1 Subject to Clause 22, the Employer will award the Contract to the Tenderer whose Tender has been
determined to be substantially responsive to the Tender documents and who has offered the lowest evaluated
Tender Price, provided that such Tenderer has been determined to be (a) eligible in accordance with the
provisions of Clause 2, and (b) qualified in accordance with the provisions of Clause 3.

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

22.1 Notwithstanding Clause 21, the Employer reserves the right to accept or reject any Tender, and to cancel the
Tender process and reject all Tenders, at any time prior to the award of Contract, without thereby incurring
any liability to the affected Tenderer or Tenderers or any obligation to inform the affected Tenderer or
Tenderers of the grounds for the Employer's action.

23. Notification of award and signing of Agreement

Contractor Executive Engineer. 9

RDWS. Division, Tumkur
 KW-1

23.1 The Tenderer whose Tender has been accepted will be notified of the award by the Employer prior to
expiration of the Tender validity period by cable, telex or facsimile confirmed by registered letter. This letter
(hereinafter and in the Conditions of Contract called the "Letter of Acceptance") will state the sum that the
Employer will pay the Contractor in consideration of the execution, completion, and maintenance of the
Works by the Contractor as prescribed by the Contract (hereinafter and in the Contract called the "Contract
Price").
23.2 The notification of award will constitute the formation of the Contract, subject only to the furnishing of a
performance security in accordance with the provisions of Clause 24.
23.3 The Agreement will incorporate all agreements between the Employer and the successful Tenderer. It will be
kept ready for signature of the successful Tenderer in the office of Employer within 30 days following the
notification of award along with the Letter of Acceptance. Within 20 days of receipt, the successful Tenderer
will sign the Agreement and deliver it to the Employer.
23.4 Upon the furnishing by the successful Tenderer of the Security deposit, the Employer will promptly notify the
other Tenderers that their Tenders have been unsuccessful.

24. Security deposit

24.1 Within 20 days of receipt of the Letter of Acceptance, the successful Tenderer shall deliver to the Employer a
Security deposit in any of the forms given below for an amount equivalent to 10% of the Contract price:

 Banker’s Cheque / Demand Draft / Pay Order in favour of “the Executive Engineer, RDWSDivision
Tumkur, payable at Tumkur

24.2 The Security deposit if furnished in cash or demand draft can, if requested, be converted to interest bearing
securities at the cost of the contractor.
24.3 Failure of the successful Tenderer to comply with the requirements of Sub-Clause 24.1 shall constitute
sufficient grounds for cancellation of the award and forfeiture of the earnest money deposit.

25. Corrupt or Fraudulent practices

25.1 The GOK requires that the Tenderers, observe the highest standard of ethics during the procurement and
execution of such contracts. In pursuance of this policy, GOK :
(a) will reject a proposal for award if it determines that the Tenderer recommended for award has engaged in
corrupt or fraudulent practices in competing for the contract in question;

(b) will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a GOK
contract if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing
for, or in executing, a GOK contract.

25.2 Furthermore, Tenderers shall be aware of the provision stated in sub-clause 43.2 of the Conditions of Contract.

SECTION 3: FORMS OF TENDER, AND QUALIFICATION INFORMATION

TABLE OF FORMS:

- FORM OF TENDER

- QUALIFICATION INFORMATION

- LETTER OF ACCEPTANCE

- NOTICE TO PROCEED WITH THE WORK

Contractor Executive Engineer. 10

RDWS. Division, Tumkur
 KW-1

- AGREEMENT FORM

Form of Tender

Constuction of proposed Solid Resource management center in

Description of the Works:
Mankikere Village at Mankikere GP of TIPTUR Taluk (Waste Disposal Unit)
RWSSD/2020-21/BD/WORK_INDENT27594
To : ________________________________________________

Address : _______________________________________________________________
11
___________________________________________________________________________

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] (________________________________________________)
12
[in letters].

This Tender and your Written Acceptance of it shall constitute a Binding Contract between us. We understand that you
are not bound to accept the lowest or any Tender you receive.

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

We hereby confirm that this Tender complies with the Tender Validity and Earnest Money Deposit required by the
Tender Documents.

We attach herewith our Current Income Tax Clearance Certificate.

Yours faithfully

Authorized Signature:

Name and Title of Signatory:

Name of Tenderer:

Address:

Contractor Executive Engineer. 11

RDWS. Division, Tumkur
 KW-1

11
To be filled in by the Employer before issue of the Tender document
12
To be filled in by the Tenderer, together with his particulars and date of submission at the bottom of the Form of
Tender

QUALIFICATION INFORMATION

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

1.1 Constitution or Legal Status of Tenderer [Attach Scan Copy]

Place of Registration [Attach Scan Copy]

Principal Place of Business

1.2 Total Value of Civil Engineering Construction Works executed

and Payments received in the last five years (in Rs. Lakh)

[Attach Certificate from Chartered Accountant]

2015 – 16_____________
2016 – 17 _____________
2017 – 18_____________
2018 - 19 _____________
2019 - 20 _____________

1.3 Information on works for which Tenders have been submitted and works which are yet to be completed as on the
date of this Tender.

(A) Existing Commitments and On Going Works

Description Place and Contract No. Name and Value of Stipulated Value of Anticipated
of Work State and Date Address of the Contract Period of Works2 Date of
Employer (Rs. Lakh) Completion remaining to Completion
be

Contractor Executive Engineer. 12

RDWS. Division, Tumkur
 KW-1

Completed
(Rs. Lakh)
1 2 3 4 5 6 7 8

2
Attach Certificates from Employer in charge.

(B) Works for which Tenders already submitted

Description Place and Name and Estimated Value of Stipulated Date when Remarks, if
of Work State Address of the Works (Rs. Lakh) Period of Decision is any
Employer Completion Expected
1 2 3 4 5 6 7

1.4. Name, address, and telephone, telex, and fax numbers of the Tenderers' bankers who may provide references if
contacted by the Employer.

Letter of Acceptance
(Letter Head 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
for the Contract Price of Rupees (_____________) [amount in words and figures], as corrected and modified in
accordance with the Instructions to Tenderers is hereby accepted by our Agency.

You are hereby requested to furnish Security deposit, in the form detailed in Para 24.1 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 24.3 of ITT will
be taken.

Yours faithfully,

Authorized Signature

Name and Title of Signatory

Name of Agency

Contractor Executive Engineer. 13

RDWS. Division, Tumkur
 KW-1

Issue of Notice to Proceed with the Work

(Letter Head of the Employer)

Date:

To: [Name and Address of the Contractor]

Dear Sir

Pursuant to your furnishing the requisite Security Deposit as stipulated in ITT Clause 24.1 and signing of the Contract
Agreement for the for a 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)

Contractor Executive Engineer. 14

RDWS. Division, Tumkur
 KW-1

Agreement Form

Agreement

This Agreement, made on 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 executes (hereinafter called “the Works”)
and the Employer has accepted the Tender by the Contractor for the execution and completion of such Works and the
remedying of any defects therein at a Contract Price of Rupees ________________.

NOW THIS AGREEMENT WITNESSETH as follows.

1. In this Agreement, Words and Expression shall have the same meanings as are respectively assigned to them in
the Conditions of Contract hereinafter referred to, and they shall be deemed to form and be read and construed as
part of this Agreement.
2. In consideration of the Payments to be made by the Employer to the Contractor as hereinafter mentioned, the
Contractor hereby covenants with the Employer to execute and complete the Works and remedy any Defects
therein in conformity in all aspects with the Provisions of the Contract.
3. The Employer hereby covenants to pay the Contractor in consideration of the Execution and Completion of the
Works and Remedying the Defects wherein the Contract Price or such other Sum as may become payable under
the Provisions of the Contract at the times and in the manner prescribed by the Contract.
4. The following Documents shall be deemed to form and be read and construed as part of this Agreement, viz.
i) Letter of Acceptance.
ii) Notice to proceed with the Works.
iii) Contractor’s Tender.
iv) Contract Data.
v) Conditions of contract (including Special Conditions of Contract).
vi) Specifications.
vii) Drawings.
viii) Bill of Quantities and
ix) Any other Document listed in the Contract Data as forming part of the Contract.

Contractor Executive Engineer. 15

RDWS. Division, Tumkur
 KW-1

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

The Common Seal of ___________________________________________________________

was hereunto affixed in the presence of
Signed, Sealed and Delivered by the said __________________________________________

in the Presence of
Binding Signature of Employer ___________________________________________________
Binding Signature of Contractor __________________________________________________

SECTION 4: CONDITIONS OF CONTRACT

Table of Contents

A. General
1. Definitions
2. Interpretation
3. Law Governing Contract
4. Employer’s Decisions
5. Delegation
6. Communications
7. Subcontracting
8. Other Contractors
9. Personnel
10. Employer’s and Contractor’s Risks
11. Employer’s Risks
12. Contractor’s Risks
13. Query about Contract Data
14. Contractor to Construct the Works
15. The Works to be completed by Intended Completion Date
16. Safety
17. Discoveries
18. Possession of the Site
19. Access to the Site
20. Instructions

B. Time Control
21. Program
22. Extension of the Intended Completion Date
23. Delays ordered by the Employer
24. Management Meetings

Contractor Executive Engineer. 16

RDWS. Division, Tumkur
 KW-1

C. Quality Control
25. Identifying Defects
26. Tests
27. Correction of Defects
28. Uncorrected Defects

D. Cost Control
29. Bill of Quantities (BOQ)
30. Variations
31. Payment for Variations
32. Submission of Bills for Payment
33. Payments
34. Compensation Events
35. Tax
36. Liquidated Damages
37. Cost of Repairs

E. Finishing of Contract
38. Completion
39. Taking Over
40. Final Account
41. As Built Drawings
42. Termination
43. Payment upon Termination
44. Property
45. Release from Performance

F. Special Conditions of Contract

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

Bill of Quantities means the Priced and Completed Bill of Quantities forming part of the Tender.
Compensation Events are those defined in Clause 34 hereunder.
The Completion Date is the Date of Completion of the Works as certified by the Employer in accordance
with Sub Clause 38.1.
The Contract is the Contract between the Employer and the Contractor to execute, complete and maintain the
Works. It consists of the Documents listed in Clause 2.3 below.
The Contract Data defines the Documents and other Information, which comprise the Contract.
The Contractor is a Person or Corporate Body whose Tender to carry out the Works has been accepted by the
Employer.
The Contractor's Tender is the Completed Tender Document submitted by the Contractor to the Employer.
The Contract Price is the Price stated in the Letter of Acceptance and thereafter as adjusted in accordance
with the Provisions of the Contract.
Days are Calendar Days; Months are Calendar Months.
A Defect is any Part of the Works not completed in accordance with the Contract.
The Defects liability period is the period named in the Contract Data and calculated from the Completion
Date.
The Employer is the Party who will employ the Contractor to carry out the Works.
Equipment is the Contractor's Machinery and Vehicles brought temporarily to the Site to construct the
Works.

Contractor Executive Engineer. 17

RDWS. Division, Tumkur
 KW-1

The Initial Contract price is the Contract Price listed in the Employer's Letter of Acceptance.
The Intended Completion Date is the Date on which it is intended that the Contractor shall complete the
Works. The Intended Completion Date is specified in the Contract Data. The Intended Completion Date may
be revised only by the Employer by issuing an Extension of Time.
Materials are all Supplies, including Consumables, used by the Contractor for incorporation in the Works.
Plant is any integral part of the Works which is to have a Mechanical, Electrical, Electronic or Chemical or
Biological Function.
The Site is the Area defined as such in the Contract Data.
Specification means the Specification of the Works included in the Contract and any Modification or Addition
made or approved by the Employer.
The Start Date is given in the Contract Data. It is the Date when the Contractor shall commence execution of
the Works. It does not necessarily coincide with any of the Site Possession Dates.
A Subcontractor is a Person or Corporate Body who has a Contract with the Contractor to carry out a Part of
the Work in the Contract which includes Work on the Site.
A Variation is an Instruction given by the Employer which varies the Works.
The Works are what the Contract requires the Contractor to Construct, Install and Turn Over to the Employer,
as defined in the Contract Data.

2. Interpretation
2.1 In interpreting these Conditions of Contract, Singular also means Plural, Male also means Female or Neuter,
and the other way around. Headings have no Significance. Words have their Normal Meaning under the
Language of the Contract unless specifically Defined. The Employer will provide Instructions clarifying
Queries about the Conditions of Contract.
2.2 The Documents forming the Contract shall be interpreted in the following Order of Priority.
(1) Agreement
(2) Letter of Acceptance, Notice to proceed with the Works.
(3) Contractor’s Tender.
(4) Contract Data.
(5) Conditions of Contract.
(6) Specifications.
(7) Drawings.
(8) Bill of Quantities and
(9) Any other Document listed in the Contract Data as forming Part of the Contract.

3. Law Governing Contract

3.1 The Law Governing the Contract is the Laws of India supplanted by the Karnataka Local Acts.

4. Employer's Decisions
4.1 Except where otherwise specifically stated, the Employer will decide Contractual Matters between the
Employer and the Contractor.

5. Delegation
5.1 The Employer may delegate any of his Duties and Responsibilities to other people after notifying the
Contractor and may cancel any Delegation after notifying the Contractor.

6. Communications
6.1 Communications between Parties, which are referred to in the Conditions, are effective only when in writing.
A Notice shall be effective only when it is delivered (in terms of Indian Contract Act).

7. Subcontracting
7.1 The Contractor may subcontract with the approval of the Employer but may not assign the Contract without
the approval of the Employer in writing. Subcontracting does not alter the Contractor's Obligations.

8. Other Contractors

Contractor Executive Engineer. 18

RDWS. Division, Tumkur
 KW-1

8.1 The Contractor shall cooperate and share the Site with other Contractors, Public Authorities, Utilities and the
Employer.

9. Personnel
9.1 The Contractor shall employ the Technical Personnel (of Number and Qualifications) as may be stipulated by
the Executive Engineer, RDWSDivision Tumkur from time to time during the Execution of the Work. The
Technical Staff so employed shall be available at Site as may be stipulated by the Employer.
9.2 If the Employer asks the Contractor to remove a Person who is a member of the Contractor’s Staff or his Work
Force stating the Reasons, the Contractor shall ensure that the Person leaves the Site within Seven Days and
has no further connection with the Work in the Contract.

10. Employer’s and Contractor's Risks

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

11. Employer's Risks

11.1 The Employer is responsible for the Excepted Risks which are (a) in so far as Rebellion, Riot, Commotion or
Disorder or (b) a Cause due solely to the Design of the Works, other than the Contractor’s Design.

12. Contractor’s Risks

12.1 All Risks of Loss of or Damage to Physical Property and of Personal Injury and Death, which arise during and
in consequence of the performance of the Contract other than the excepted risks, are the Responsibility of the
Contractor.

13. Queries about the Contract Data

13.1 The Employer will clarify Queries on the Contract Data.

14. Contractor to Construct the Works

14.1 The Contractor shall construct the Works in accordance with the Specification and Drawings.
15. The Works to be completed by the Intended Completion Date
15.1 The Contractor may commence execution of the Works on the Start Date and complete them by the Intended
Completion Date.
16. Safety
16.1 The Contractor shall be responsible for the Safety of all activities on the Site.

17. Discoveries
17.1 Anything of Historical or other Interest or of Significant Value unexpectedly Discovered on the Site is the
Property of the Employer. The Contractor is to notify the Employer of such Discoveries and carry out the
Employer's Instructions for dealing with them.

18. Possession of the Site

18.1 The Employer shall give Possession of all pScience 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.

19. Access to the Site

19.1 The Contractor shall allow the Employer and any Person authorized by the Employer access to the Site, to any
Place where Work in connection with the Contract is being carried out or is intended to be carried out and to
any Place where Materials or Plant are being Manufactured / Fabricated / Assembled for the Works.

20. Instructions
20.1 The Contractor shall carry out all Instructions of the Employer that comply with the Applicable Laws where
the Site is located.

Contractor Executive Engineer. 19

RDWS. Division, Tumkur
 KW-1

B. Time Control
21. Program
21.1 Within the Time stated in the Contract Data, the Contractor shall submit to the Employer for Approval a
Program showing the General Methods, Arrangements, Order and Timing for all the Activities in the Works.
21.2 The Employer's Approval of the Program shall not alter the Contractor's Obligations. The Contractor may
revise the Program and submit it to the Employer again at any time. A Revised Program is to show the Effect
of Variations and Compensation Events.

22. Extension of the Intended Completion Date

22.1 The Employer shall extend the Intended Completion Date if a Compensation Event occurs or a Variation is
issued which makes it impossible for Completion to be achieved by the Intended Completion Date.
22.2 The Employer shall decide whether and by how much to extend the Intended Completion Date within 21 days
of the Contractor asking the Employer for a Decision upon the Effect of a Compensation Event or Variation
and submitting Full Supporting Information.

23. Delays ordered by the Employer

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

24. Management Meetings

24.1 The Employer may require the Contractor to attend a Management Meeting. The Business of a Management
Meeting shall be to review the Progress achieved and the Plans for Remaining Work.
24.2 The Responsibility of the Parties for Actions to be taken is to be decided by the Employer either at the
Management Meeting or after the Management Meeting and stated in writing to be distributed to all who
attended the Meeting.

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

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

27. Correction of Defects

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

28. Uncorrected Defects

28.1 If the Contractor has not corrected a Defect within the Time Specified in the Employer’s Notice, the Employer
will assess the Cost of having the Defect Corrected and the Contractor will pay this Amount.

D. Cost Control
29. Bill of Quantities (BOQ)
29.1 The BOQ shall contain Items for the Construction, Installation, Testing and Commissioning Work to be done
by the Contractor.

Contractor Executive Engineer. 20

RDWS. Division, Tumkur
 KW-1

29.2 The BOQ is used to calculate the Contract Price. The Contractor is paid for the Quantity of the Work done at
the Rate in the BOQ for each Item.

30. Variations
30.1 The Employer shall have Power to order the Contractor to do any or all of the following as considered
necessary or advisable during the Progress of the Work by him.
(a) Increase or Decrease of any Item of Work included in the Bill of Quantities (BOQ).
(b) Omit any Item of Work.
(c) Change the Character or Quality or Kind of any Item of Work.
(d) Change the Levels, Lines, Positions and Dimensions of any Part of the Work.
(e) Execute Additional Items of Work of any Kind necessary for the Completion of the Works and
(f) Change in any Specified Sequence, Methods or Timing of Construction of any Part of the Work.

30.2 The Contractor shall be bound to carry out the Work in accordance with any Instructions in this Connection,
which may be given to him in writing by the Employer and such Alteration shall not vitiate or invalidate the
Contract.
30.3 Variations shall not be made by the Contractor without an order in writing by the Employer, provided that no
order in writing shall be required for Increase or Decrease in the Quantity of an Item appearing in the BOQ so
long as the Work executed conforms to the Approved Drawings.
30.4 The Contractor shall promptly request in writing the Employer to confirm Verbal Orders and if no such
confirmation is received within 15 days of request, it shall be deemed to be an Order in writing by the
Employer.

31. Payments for Variations

31.1 Payment for Increase in the Quantities of an Item in the BOQ upto 25% of that provided in the Bill of
Quantities shall be made at the Rates quoted by the Contractor.
31.2 For Quantities in Excess of 25% 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 the Schedule of Rates (applicable for the Area of the Work
and Current at the Time of Award of Contract) plus or minus the overall percentage of the Original Tendered
Rates over the Current Schedule of Rates prevalent at the Time of Award of Contract.
31.3 If there is no Rate for the Additional, Substituted or Altered Item of the work in the BOQ, efforts would be
made to derive the Rates from those given in the BOQ or the Schedule of Rates (applicable for the Area of the
Work and Current at the Time of Award of Contract) and if found feasible the Payment would be made at the
Derived Rate for the Item Plus or Minus the overall percentage of the Original Tendered Rates over the
Current Schedule of Rates prevalent at the Time of Award of Contract
31.4 If the Rates for Additional, Substituted or Altered Item of Work cannot be determined either as at 31.1 or 31.2
or 31.3 above, the Contractor shall be requested to submit his Quotation for the Items supported by Analysis
of the Rate or Rates claimed, within 7 days.
31.5 If the Contractor's Quotation is determined Unreasonable, the Employer may order the Variation and make a
Change to the Contract Price, which shall be based on Employer’s own Forecast of the Effects of the Variation
on the Contractor's costs.
31.6 If the Employer decides that the Urgency of Varying the Work would prevent a Quotation being given and
considered without Delaying the Work, no Quotation shall be given and the Variation shall be treated as a
Compensation Event.
31.7 Under no Circumstances, the Contractor shall suspend the Work on the Plea of Non Settlement of Rates for
Items falling under this Clause.

32. Submission of Bills for payment

32.1 The Contractor shall submit to the Employer Monthly Bills of the Value of the Work completed less the
Cumulative Amount Paid previously.
32.2 The Employer shall check the Contractor's Bill and determine the Value of the Work executed which shall
comprise of (i) Value of the Quantities of the Items in the BOQ Completed and (ii) Valuation of Variations
and Compensation Events.
32.3 The Employer may exclude any Item paid in a Previous Bill or reduce the Proportion of any Item previously

Contractor Executive Engineer. 21

RDWS. Division, Tumkur
 KW-1

Paid in the Light of Later Information.

33. Payments
33.1 Payments shall be adjusted for Deductions for Retention, other Recoveries in Terms of the Contract and
Taxes, at source, as Applicable under the Law. The Employer shall pay the Contractor within 45 days of
Submission of Bill.
33.2 Items of the Works for which no Rate or Price has been entered in will not be paid for by the Employer and
shall be deemed Covered by other Rates and Prices in the Contract.

34. Compensation events

34.1 The following are Compensation Events unless they are caused by the Contractor.
(a) The Employer does not give Access to a Part of the Site by the Site Possession Date stated in the Contract
Data.
(b) The Employer orders a Delay or does not issue Drawings, Specifications or Instructions required for
Execution of Works on time.
(c) The Employer instructs the Contractor to uncover or to carry out Additional Tests upon Work which is
then found to have no Defects.
(d) The Employer gives an Instruction for dealing with an Unforeseen Condition, caused by the Employer, or
Additional Work required for Safety or Other Reasons.
(e) The Effect on the Contractor of any of the Employer’s Risks.
(f) The Employer unreasonably delays issuing a Certificate of Completion.
(g) Other Compensation Events listed in the Contract Data or mentioned in the Contract.

34.2 If a Compensation Event would cause Additional Cost or would prevent the Work being completed before the
Intended Completion Date, the Contract Price shall be increased and / or the Intended Completion Date is
extended. The Employer shall decide whether and by how much the Contract Price shall be increased and
whether and by how much the Intended Completion Date shall be extended.
34.3 As soon as information demonstrating the Effect of each Compensation Event upon the Contractor's Forecast
Cost has been provided by the Contractor, it is to be assessed by the Employer and the Contract Price shall be
adjusted accordingly. If the Contractor's forecast is deemed Unreasonable, the Employer shall adjust the
Contract Price based on Employer’s own Forecast. The Employer will assume that the Contractor will react
competently and promptly to the Event.
34.4 The Contractor shall not be entitled to Compensation to the extent that the Employer's Interests are adversely
affected by the Contractor not having given Early Warning or not having cooperated with the Employer.

35. Tax
35.1 The rates quoted by the Contractor shall be deemed to be inclusive of the Sales and other Taxes that the
Contractor will have to pay for the Performance of this Contract. The Employer will perform such Duties in
regard to the Deduction of such Taxes at Source as per Applicable Law.

36. Liquidated Damages

36.1 The Contractor shall pay Liquidated Damages to the Employer at the Rate per Day stated in the Contract Data
for each day that the Completion Date is later than the Intended Completion Date. The total amount of
Liquidated Damages shall not exceed the Amount defined in the Contract Data. The Employer may deduct
Liquidated Damages from Payments due to the Contractor. Payment of Liquidated Damages does not affect
the Contractor's Liabilities.
36.2 If the Intended Completion Date is extended after Liquidated Damages have been paid, the Employer shall
correct any Over Payment of Liquidated Damages by the Contractor by adjusting the next Payment of Bill.

37. Cost of Repairs

37.1 Loss or Damage to the Works or Materials to be incorporated in the Works between the Start Date and the End
of the Defects Correction Periods shall be remedied by the Contractor at the Contractor's Cost if the Loss or
Damage arises from the Contractor's Acts or Omissions.

Contractor Executive Engineer. 22

RDWS. Division, Tumkur
 KW-1

E. Finishing the Contract

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

39. Taking over

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

40. Final Account

40.1 The Contractor shall supply to the Employer a Detailed Account of the Total Amount that the Contractor
considers payable under the Contract before the end of the Defects Liability Period. The Employer shall issue
a Defect Liability Certificate and certify any Final Payment that is due to the Contractor within 90 days of
receiving the Contractor's Account if it is Correct and Complete. If it is not, the Employer shall issue within 90
days a Schedule that states the Scope of the Corrections or Additions that are necessary. If the Final Account
is still unsatisfactory after it has been resubmitted, the Employer shall decide on the Amount Payable to the
Contractor and make payment within 45 days of receiving the Contractor’s Revised Account.

41. As Built Drawings

41.1 If “As Built Drawings” (Completion Drawings) are required, the Contractor shall supply them by the Dates
stated in the Contract Data.
41.2 If the Contractor does not supply the Drawings by the Dates stated in the Contract Data, or they do not receive
the Employer’s Approval, the Employer shall withhold the Amount stated in the Contract Data from Payments
due to the Contractor.
42. Termination
42.1 The Employer or the Contractor may terminate the Contract if the other Party causes a Fundamental Breach of
the Contract.
42.2 Fundamental Breaches of Contract include, but shall not be limited to the following.
(a) The Contractor stops work for 45 days when no Stoppage of Work is shown on the Current Program and
the Stoppage has not been authorized by the Employer.
(b) The Employer instructs the Contractor to delay the progress of the Works and the Instruction is not
withdrawn within 45 days.
(c) The Contractor becomes Bankrupt or goes into Liquidation other than for a Reconstruction or
Amalgamation.
(d) A Payment due to the Contractor is not paid by the Employer within 90 days of the Date of the
Submission of the Bill by Contractor.
(e) The Employer gives Notice that Failure to correct a Particular Defect is a Fundamental Breach of Contract
and the Contractor fails to correct it within a Reasonable Period of Time determined by the Employer;
(f) The Contractor does not maintain a Security, which is required.
(g) The Contractor has delayed the Completion of Works by the number of days for which the Maximum
Amount of Liquidated Damages can be paid as defined in the Contract Data and
(h) If the Contractor, in the Judgment of the Employer has engaged in Corrupt or Fraudulent Practices in
competing for or in the executing the Contract.

For the purpose of this Paragraph: “Corrupt Practice” means the Offering, Giving, Receiving or
Soliciting of any thing of value to influence the action of a Public Official in the Procurement Process or
in Contract Execution. “Fraudulent Practice” means a Misrepresentation of Facts in order to influence a
Procurement Process or the execution of a Contract to the Detriment of the Borrower, and includes
Collusive Practice among Tenderers (prior to or after Tender Submission) designed to establish Tender
Prices at Artificial, Non Competitive Levels and to deprive the Borrower of the Benefits of Free and Open
Competition.

42.3 When either Party to the Contract gives Notice of a Breach of Contract to the Employer for a Cause other than
those listed under Sub Clause 42.2 above, the Employer shall decide whether the Breach is Fundamental or

Contractor Executive Engineer. 23

RDWS. Division, Tumkur
 KW-1

not.
42.4 Notwithstanding the above, the Employer may terminate the Contract for Convenience.
42.5 If the Contract is terminated, the Contractor shall stop Work immediately, make the Site Safe and Secure and
leave the Site as soon as reasonably possible.

43. Payment upon Termination

43.1 If the Contract is terminated because of a Fundamental Breach of Contract by the Contractor, the Employer
shall prepare Bill for the Value of the Work done less Advance Payments received upto the Date of the Bill,
less other Recoveries due in Terms of the Contract, less Taxes due to be deducted at Source as per Applicable
Law and less the Percentage to apply to the Work not completed as indicated in the Contract Data. Additional
Liquidated Damages shall not apply. If the total amount due to the Employer exceeds any Payment due to the
Contractor, the Difference shall be a Debt payable to the Employer.
43.2 If the Contract is terminated at the Employer's Convenience or because of a Fundamental Breach of Contract
by the Employer, the Employer shall prepare Bill for the Value of the Work done, the Reasonable Cost of
Removal of Equipment, Repatriation of the Contractor's Personnel Employed Solely on the Works and the
Contractor's Costs of protecting and securing the Works and less Advance Payments received upto the Date of
the Certificate, less other Recoveries due in Terms of the Contract and less Taxes due to be deducted at Source
as per Applicable Law and make payment accordingly.

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

45. Release from Performance

45.1 If the Contract is frustrated by any event entirely Outside the Control of either the Employer or the Contractor,
the Employer shall certify that the Contract has been frustrated. The Contractor shall make the Site Safe and
stop work as quickly as possible after receiving this Certificate and shall be paid for all Work carried out
before receiving it and for any Work carried out afterwards to which Commitment was made.

F. Special Conditions of Contract

1. Labour
The Contractor shall, unless otherwise provided in the Contract, make his own arrangements for the
engagement of all Staff and Labour, Local or Other and for their Payment, Housing, Feeding and Transport.

The Contractor shall, if required by the Employer, deliver to the Employer a Return in Detail, in such Form
and at such Intervals as the Employer may prescribe, showing the Staff and the Numbers of the Several
Classes of Labour from time to time employed by the Contractor on the Site and such other Information as the
Employer may require.

2. Compliance with Labour Regulations

During continuance of the Contract, the Contractor and his Sub Contractors shall abide at all times by 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.

Contractor Executive Engineer. 24

RDWS. Division, Tumkur
 KW-1

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. The firm/Contractor should submit the quality test reports by reputed/Govt colleges/Quality control labs for
the materials/concrete/steel/mortar etc., used at his own cost and submit to the Engineer-in-charge of work.

5. The firm/Contractor should make their own temporary arrangement for water supply, electricity, sanitary
during the execution of work. If the contractor intends to use Dept, water, 1% of cost of items consuming
water shall be recovered in the bills.
6. The firm/Contractor should make all safety measures and safety practices as per safety manual.
7. The Contractor should adhere to the No. days for completion as notified in the Notification, if necessary
The Contractor has to make arrangements for working during night also to complete the work in given
duration.

Electrical Works:
1. The Tenderer shall be responsible for getting the metering panel (duly tested) from BESCOM. However, the
meter deposits / fees shall be borne by consumer.
2. Supply of materials shall mean supply of materials at site. The rate of supply shall include all taxes, duties,
Octroi, and insurance, packing and forwarding charges, transportation, unloading at site.
3. The quantities indicated on the bill of quantities are provisional and the contractor is required to measure the
actual quantity at site as per construction drawing and procure the same only after getting the approval of
Engineer – in – charge.
4. The rates quoted shall include all taxes / duties minor modification, preparing of submission drawings for
electrical inspectorate & statutory clearance. Also, include liasoning charges incurred towards filing
application, feasibility report, BESCOM estimate, Power sanction and charging of power supply.

SECTION 5: CONTRACT DATA

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

The following documents are also part of the Contract:

Clause
Reference

Contractor Executive Engineer. 25

RDWS. Division, Tumkur
 KW-1

Contractor Executive Engineer. 26

RDWS. Division, Tumkur