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K/W-2

GOVERNMENT OF KARNATAKA

Town Muncipal Council, Chikkanayakanahalli


Telephones: 08133-267223 Fax:

aPÀÌ£ÁAiÀÄPÀ£ÀºÀ½î ¥ÀÄgÀ¸À¨sÁ ªÁå¦ÛAiÀÄ §gÀĪÀ J¯Áè ªÁqÀðUÀ½UÉ J¯ï.E.r ©Ã¢


¢Ã¥ÀUÀ¼À C¼ÀªÀrPÉUÉ CªÀ±Àå«gÀĪÀ AiÀÄÄ.f PÉç¯ï, ©Ã¢ ¢Ã¥À
PÀA§UÀ¼ÀÄ,CyðAUï,PÀAmÉÆæÃ¯ï ¥Áå£À¯ï ¨ÉÆÃqÀð ªÀÄvÀÄÛ EvÀgÉ ªÀÄÆ®
¸ËPÀAiÀÄðUÀ¼À£ÀÄß ¥ÀÆgÉʸÀĪÀÅzÀÄ ªÀÄvÀÄÛ C¼ÀªÀr¸ÀĪÀÅzÀÄ.
Providing and Installing UG Cable,Lighting Poles,Lighting,Control Panal board and other
Infrasturcture required for the installation of LED Street Lamps for all Wards in
Chikknayakanahalli TMC LImit
Est. Cost Rs. 20.90 Lakhs

TENDER REFERENCE : Ref E-procurement portal

PERIOD OF SALE OF TENDER DOCUMENT : From: Ref E-procurement portal

LAST DATE FOR SALE OF TENDER DOCUMENT Ref E-procurement portal

LAST DATE AND TIME FOR RECEIPT OF TENDERS : Ref E-procurement portal

TIME AND DATE OF OPENING OF TENDERS1 : Ref E-procurement portal

PLACE OF OPENING OF TENDERS :


TMC Chikkanayakanahalli,
Chikkanayakanahalli Tq.
ADDRESS FOR COMMUNICATION Dist: Tumkur

1
Contents

Section No. Description Page

1 INVITATION FOR TENDERS (IFT) 3

2 INSTRUCTIONS TO TENDERERS (ITT) 4

3. FORM OF TENDER AND QUALIFICATION INFORMATION 12

4. CONDITIONS OF CONTRACT (CC) 18

5 CONTRACT DATA 28

6 SPECIFICATIONS 30

7 DRAWINGS 31

8. BILL OF QUANTITIES 32

9. FORMAT OF BANK GUARANTEE FOR SECURITY DEPOSIT 33

2
SECTION 1: INVITATION FOR TENDERS (IFT)

Date: IFT No.:

1. The Chief Officer, TMC, Chikkanayakanahalli 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.
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 The Chief Officer, TMC, Chikkanayakanahalli As in e-
procurement 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 e-Procurement in favour of The Chief Officer,
TMC, Chikkanayakanahalli. 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 Chief Officer will not be held responsible for the postal delay if any, in the delivery of the documents or non-
receipt 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. The Chief Officer, TMC, Chikkanayakanahalli on or before. As per e-Portal , 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. Other details can be seen in the tender documents.
TABLE

Package Name of work Approximate Earnest Contractor Period of


No. value Money Eligibility completion
of work (Rs.) Deposit
In Lakhs (Rs.)
1 2 3 4 5 6
01 aPÀÌ£ÁAiÀÄPÀ
£ÀºÀ½î ¥ÀÄgÀ¸À¨sÁ
ªÁå¦ÛAiÀÄ §gÀĪÀ J¯Áè 20.90 - Class-II & 12 months
ªÁqÀðUÀ½UÉ J¯ï.E.r ©Ã¢ above
¢Ã¥ÀUÀ¼À
C¼ÀªÀrPÉUÉ
CªÀ±Àå«gÀĪÀ AiÀÄÄ.f
PÉç¯ï, ©Ã¢ ¢Ã¥À
PÀA§UÀ¼ÀÄ,CyðAUï,PÀ
AmÉÆæÃ¯ï ¥Áå£À¯ï
¨ÉÆÃqÀð ªÀÄvÀÄÛ
EvÀgÉ ªÀÄÆ®
¸ËPÀAiÀÄðUÀ¼À£ÀÄß
¥ÀÆgÉʸÀĪÀÅzÀÄ
ªÀÄvÀÄÛ
C¼ÀªÀr¸ÀĪÀÅzÀÄ.
Providing and Installing UG
Cable,Lighting
Poles,Lighting,Control Panal

3
board and other
Infrasturcture required for
the installation of LED Street
Lamps for all Wards in
Chikknayakanahalli TMC
LImit
Est. Cost Rs. 20.90 Lakhs

4
SECTION 2: INSTRUCTIONS TO TENDERERS (ITT)
Table of Clauses

A. General Page No.


1. Scope of Tender 5
2. Eligible Tenderers 5
3. Qualification of Tenderer 5

B. Tender Documents
4. Content of Tender documents 6
5. Amendment of Tender documents 6

C. Preparation of Tenders
6. Documents comprising the Tender 6
7. Tender prices 6
8. Tender validity 7
9. Earnest Money Deposit 7

10. Format and signing of Tender 7

D. Submission of Tenders

11 Sealing and marking of Tenders 8


12 Deadline for submission of Tenders 8
13 Late Tenders 8
14 Modification and Withdrawal of Tenders 8

E. Tender opening and evaluation

15. Tender opening 8


16. Process to be confidential 9
17. Clarification of Tenders 9
18. Examination of Tenders and determination
of responsiveness 9
19. Correction of errors 10
20. Evaluation and comparison of Tenders 10

F. Award of contract
21. Award criteria 10
22 Employer’s right to accept any Tender and
to reject any or all Tenders 10
23. Notification of award and signing of Agreement 10
24. Security deposit 11
25. Corrupt or Fraudulent practices 11

5
A. General

1. Scope of Tender

1.1 Chief Officer, TMC, Chikkanayakanahalli (Referred to as Employer in these documents) invites tenders from
eligible tenderers, for the construction of works (as defined in these documents and referred to as "the works")
detailed in the Table given in the Invitation for Tenders (IFT). The tenderers may submit tenders for any or all of the
works detailed in the table given in IFT.

2. Eligible Tenderers

2.1 Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent practices issued by the Government
of Karnataka

2.2 Tenders from Joint ventures are not acceptable.

3. Qualification of the Tenderer:

3.1 All tenderers shall provide the requested information accurately and in sufficient detail in Section 3: 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. 2017-18 to 2020-21)3

(a) achieved in at least Two financial years a minimum financial turnover (in all classes of civil engineering
construction works only) of Rs.20.90 lakhs
(b) satisfactorily completed (at least 50% of the contract value), as prime contractor, similar work -: Providing and
Installing UG Cable,Lighting Poles,Lighting,Control Panal board and other Infrasturcture required for the
installation of LED Street Lamps 10.00 Lakhs

(c) The Tenderer or his identified sub-contractor should possess valid for electrical license for executing building
electrification works and should have executed similar electrical/Civil works totaling Rs NIL (usually not less
than 50% of the water supply/sanitary engineering works)* in any one year- DELETED

(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 NIL
(usually not less than 50% of the water supply/sanitary engineering works)* in any one year; - DELETED

e) Liquid assets and /or availability of credit facilities of no less than Rs 6.25 Lakhs(Credit
lines/ letter of credit/ certificates from banks for meeting the fund requirement etc. in the
suggested format given below

BANKER’S CERTIFICATE

This is to certify that M/s. …………………………..is a reputed company with a good financial
standing. If the contract for this work namely…………indent no. , Development of work……., is
awarded to the above firm, we shall be able to provide overdraft/credit facilities to the extent of Rs.
6.25 Lakhs to meet the working capital requirements for executing the above contract
Sd/-
Senior Bank Manger,
Name of the Bank,Address

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

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


where

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A = Maximum value of civil engineering works executed in any one year during the last five years (updated to
———— 9 price level) taking into account the completed as well as works in progress.
2
Tender Inviting Authority
3
For tenders invited during FY2014-15. 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% (say) 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
This is for building works. Appropriately change for other works.
8
This is for building works. Appropriately change for other works.
9
FY in which the tenders are invited.

N = Number of years prescribed for completion of the works for which Tenders are invited.
B = Value, at ———— 10price level, of existing commitments and on-going works to be completed during the next.......years
(period of completion of the works for which Tenders are invited)*

Note: The statements showing the value of existing commitments and on-going works as well as the stipulated period of
completion remaining for each of the works listed should be countersigned by the Employer in charge, not
below the rank of an Executive Engineer or equivalent*.
3.2 Even though the tenderers meet the above criteria, they are subject to be disqualified if they have:
- made misleading or false representations in the forms, statements and attachments submitted in proof of the qualification
requirements; and/or
- record of poor performance such as abandoning the works, not properly completing the contract, inordinate delays in
completion, litigation history, or financial failures etc.; and/or
- participated in the previous Tender for the same work and had quoted unreasonably high tender prices and could not furnish
rational justification.

B. Tender documents

4. Content of Tender documents

4.1 The set of tender documents shall have all the Sections given in Page 2:

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;

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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).

8
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 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.
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 in favour of . Chief Officer, TMC,
Chikkanayakanahalli and may be in the form of Banker’s cheque/ Demand draft/Pay Order, in favour of Chief
Officer, TMC, Chikkanayakanahalli payable at ............ or Cash or specified Small Savings Instruments11 pledged
to Chief Officer, TMC, Chikkanayakanahalli 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 one original and a copy of the documents comprising the Tender as described in Clause 6 of
these Instructions to Tenderers, bound with the volume containing the Form of Tender, and clearly marked
"ORIGINAL" and "COPY" as appropriate. In the event of discrepancy between them, the original shall prevail.
10.2 The original and a copy of the Tender shall be typed or written in indelible ink and shall be signed by a person or
persons duly authorized to sign on behalf of the Tenderer. All pages of the tender where entries or amendments have
been made shall be initialed by the person signing the tender
10.3 The Tender shall contain no alterations or additions, except those to comply with instructions issued by the Employer, or
as necessary to correct errors made by the Tenderer, in which case such corrections shall be initialed by the person
signing the Tender.
11
Refer Clause 12(1) Chapter IV of KTPP Rules 2000

9
D. Submission of Tenders

11. Sealing and marking of tenders

11.1 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.
11.2 The inner and outer envelopes shall
(a) be addressed to the Employer at the following address:
The Chief Officer, TMC, Chikkanayakanahalli
(insert address of office for Tender submission), and

(b) bear the following identification:


- Tender for

aPÀÌ£ÁAiÀÄPÀ£ÀºÀ½î ¥ÀÄgÀ¸À¨sÁ ªÁå¦ÛAiÀÄ §gÀĪÀ J¯Áè ªÁqÀðUÀ½UÉ


J¯ï.E.r ©Ã¢ ¢Ã¥ÀUÀ¼À C¼ÀªÀrPÉUÉ CªÀ±Àå«gÀĪÀ AiÀÄÄ.f PÉç¯ï, ©Ã¢ ¢Ã¥À
PÀA§UÀ¼ÀÄ,CyðAUï,PÀAmÉÆæÃ¯ï ¥Áå£À¯ï ¨ÉÆÃqÀð ªÀÄvÀÄÛ EvÀgÉ ªÀÄÆ®
¸ËPÀAiÀÄðUÀ¼À£ÀÄß ¥ÀÆgÉʸÀĪÀÅzÀÄ ªÀÄvÀÄÛ C¼ÀªÀr¸ÀĪÀÅzÀÄ.
Providing and Installing UG Cable,Lighting Poles,Lighting,Control Panal board and other
Infrasturcture required for the installation of LED Street Lamps for all Wards in
Chikknayakanahalli TMC LImit
Est. Cost Rs. 20.90 Lakhs

- DO NOT OPEN BEFORE As in Portal [time and date for tender opening, per Clause 15]

11.3 In addition to the identification required in Sub-Clause 11.2, 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 13.

11.4 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.

12. Deadline for submission of the Tenders


12.1 Tenders must be received by the Employer at the address specified above no later than.......................................... . 12
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.
12.2 The Employer may extend the deadline for submission of tenders by issuing an amendment in accordance with
Clause 5, in which case all rights and obligations of the Employer and the Tenderers previously subject to the
original deadline will then be subject to the new deadline.

13. Late Tenders

13.1 Any Tender received by the Employer after the deadline prescribed in Clause 12 will be returned unopened to the
Tenderer.

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, sealed, marked, and delivered in accordance with
Clause 10 & 11, with the outer and inner envelopes additionally marked "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.
1 4.5 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.
10
E. Tender opening and evaluation

15. Tender opening

15.1 The Employer will open all the Tenders received (except those received late), including modifications made
pursuant to Clause 14, in the presence of the Tenderers or their representatives who choose to attend at as per E-
portal hours on the date and the place specified in Clause 12. 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 therein read out in appropriate detail.
15.3 The Tenderers' names, the Tender prices, the total amount of each Tender, any discounts, Tender modifications and
withdrawals, the presence or absence of Tender security, 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
except for the late Tenders pursuant to Clause 13. Tenders [and modifications] sent pursuant to Clause 14 that are
not opened and read out at Tender opening will not be considered for further evaluation regardless of circumstances.
Late and withdrawn Tenders will be returned un-opened 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

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

11
Employer's rights or the Tenderer's obligations under the Contract; or (c) whose rectification would affect unfairly
the competitive position of other Tenderers presenting substantially responsive Tenders.
18.3 If a Tender is not substantially responsive, it will be rejected by the Employer, and may not subsequently be made
responsive by correction or withdrawal of the nonconforming deviation or reservation.

19. Correction of errors

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 23, 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
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 5% of the Contract price :
- Cash or

12
- Banker’s cheque/Demand draft,/Pay Order in favour of . The Chief Officer, TMC,
Chikkanayakanahalli
payable at .Tumkur or

- Specified Small Savings Instruments pledged to The Chief Officer, TMC, Chikkanayakanahalli

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/Suppliers/Contractors, observe the highest standard of ethics during the
procurement and execution of such contracts. In pursuance of this policy, GOK :
(a) will reject a proposal for award if it determines that the Tenderer recommended for award has engaged
in corrupt or fraudulent practices in competing for the contract in question;
(b) will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a GOK
contract if it at any time determines that the firm has engaged in corrupt or fraudulent practices in
competing for, or in executing, a GOK contract.
25.2 Furthermore, Tenderers shall be aware of the provision stated in sub-clause 43.2 of the Conditions of Contract.

13
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

- AGREEMENT FORM

14
Form of Tender
Description of the Works:

aPÀÌ£ÁAiÀÄPÀ£ÀºÀ½î ¥ÀÄgÀ¸À¨sÁ ªÁå¦ÛAiÀÄ §gÀĪÀ J¯Áè ªÁqÀðUÀ½UÉ


J¯ï.E.r ©Ã¢ ¢Ã¥ÀUÀ¼À C¼ÀªÀrPÉUÉ CªÀ±Àå«gÀĪÀ AiÀÄÄ.f PÉç¯ï, ©Ã¢ ¢Ã¥À
PÀA§UÀ¼ÀÄ,CyðAUï,PÀAmÉÆæÃ¯ï ¥Áå£À¯ï ¨ÉÆÃqÀð ªÀÄvÀÄÛ EvÀgÉ ªÀÄÆ®
¸ËPÀAiÀÄðUÀ¼À£ÀÄß ¥ÀÆgÉʸÀĪÀÅzÀÄ ªÀÄvÀÄÛ C¼ÀªÀr¸ÀĪÀÅzÀÄ.
Providing and Installing UG Cable,Lighting Poles,Lighting,Control Panal board and other
Infrasturcture required for the installation of LED Street Lamps for all Wards in
Chikknayakanahalli TMC LImit
Est. Cost Rs. 20.90 Lakhs

To :
________________________________________________
Address : _______________________________________________________________
___________________________________________________________________________ 14
GENTLEMEN,
We offer to execute the Works described above in accordance with the Conditions of Contract accompanying this Tender for
the Contract Price of Rs 20.90 lakhs [in figures] (________________________________________________) [in letters].15
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 & Title of Signatory: _________________________________________________________________
Name of Tenderer ______________________________________________
Address: ----------------------------------------------------------------------
----------------------------------------------------------------------
-----------------------------------------------------------------------
13
To be filled in by the Employer before issue of the Tender document
14
To be filled in by the Employer before issue of the Tender document
15
To be filled in by the Tenderer, together with his particulars and date of submission at the bottom of the Form of Tender

15
Qualification Information

The information to be filled in by the Tenderer hereunder will be used for purposes of computing Tender capacity as
provided for in Clause 3 of the Instructions to Tenderers. This information will not be incorporated in the Contract.
1.1 Constitution or legal status of Tenderer [Attach copy]
Place of Registration _______________________________
(Attach Copy)
Principal place of business: _______________________________
1.2 Total value of civil engineering construction
works executed and payments received in the last five years
(in Rs. Lacs)17
2017-18
2018-19
2019-20
2020-21
1.3 Work performed as Prime Contractor (in the same name) on works of similar nature over during the five years specified
in 1.2 above.

Project Name of Descrip- Contract Value of Date of Specified Actual date of Remarks explaining reasons
Name Employer -tion of Number contract issue of period of completion for delay in completion of work
Work Rs. Lakhs work completion order
123456789
1.4 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:
A) Existing commitments and on-going works:
_____
Description Place Contract Name Value of Stipulated Value of Anticipated
of work & No. & and contract period of works date of
State Date Address (Rs. In completion remaining completion
of Lakhs) to be
Employer completed
(Rs. In
Lakhs)

1 2 3 4 5 2 7 8

_______________________________________________________________________________________
16
Change the years appropriately
17
Attach Certificate from Chartered Accountant
18
Attach Certificates from Engineers –in- Charge

16
(B) Works for which Tenders already submitted:

(B) Works for which Tenders already submitted:


Description Place & Name and Estimated Stipulated Date Remarks if
of work State address value of period of when any
of works (Rs. completion decision
employer Lakhs) is
expected
1 2 3 4 5 2 7

__________________________________________________________________________________________

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

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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 Rs 20.90 lakhs
——___________________________________________________________ (_____________) [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.00.00
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
-------------------------------------------------------------------------------------------------------------------------------------
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 24.1 and signing of the contract
agreement for the construction of —————— 19a 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)
19
Give the name of the Contract

18
Agreement Form

Agreement

This agreement, made the ___________________day of ______________20_______,


between______________________________________________________________________________________________
_____________________________[name and address of Employer]
(hereinafter called “the Employer”) of the one part and _____________________________________________
____________________________________________________________________________________________________
____________________________________________[name and address of contractor] (hereinafter called “the Contractor”)
of the other part.
Whereas the Employer is desirous that the Contractor execute _____________________________
____________________________________________________________________________________________________
____________________________________________________________________________[ name and identification
number of Contract] (hereinafter called “the Works”) and the Employer has accepted the Tender by the Contractor for the
execution and completion of such Works and the remedying of any defects therein at a contract price of
Rupees...............................
NOW THIS AGREEMENT WITNESSETH as follows:
1. In this Agreement, words and expression shall have the same meanings as are respectively assigned to them in the
Conditions of Contract hereinafter referred to, and they shall be deemed to form and be read and construed as part of
this Agreement.
2. In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned, the Contractor
hereby covenants with the Employer to execute and complete the Works and remedy any defects therein in conformity
in all aspects with the provisions of the Contract.
3. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the Works and
the remedying the defects wherein the Contract Price or such other sum as may become payable under the provisions of
the Contract at the times and in the manner prescribed by the Contract.
4. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz:

i) Letter of Acceptance;
ii) Notice to proceed with the works;
iii) Contractor’s Tender;
iv) Contract Data;
v) Conditions of contract (including Special Conditions of Contract);
vi) Specifications;
vii) Drawings;
viii) Bill of Quantities; and
ix) Any other document listed in the Contract Data as forming part of the contract.
In witness whereof the parties thereto have caused this Agreement to be executed the day and year first before
written.
The Common Seal of ___________________________________________________________
was hereunto affixed in the presence of:
Signed, Sealed and Delivered by the said ___________________________________________________
_________________________________________________________________________________
in the presence of:
Binding Signature of Employer _______________________________________________________
Binding Signature of Contractor _____________________________________________________

19
SECTION 4: CONDITIONS OF CONTRACT

Table of Contents

A. General Page No.

1. Definitions 19
2. Interpretation 19
3. Law governing contract 20
4. Employers decisions 20
5. Delegation 20
6. Communications 20
7. Subcontracting 20
8. Other Contractors 20
9. Personnel 20
10. Employer’s and Contractor’s risks 20
11. Employer’s risks 20
12 Contractor’s risks 21
13 Query about Contract Data 21
14 Contractor to construct the Works 21
15. The Works to be completed by Intended Completion Date 21
16. Safety 21
17. Discoveries 21
18. Possession of the Site 21
19. Access to the Site 21
20. Instructions 21
B. Time Control
21. Program 21
22. Extension of the Intended Completion Date 22
23. Delays ordered by the Employer 22
24. Management meetings 22
C. Quality Control
25. Identifying defects 22
26. Tests 22
27. Correction of defects 22
28 Uncorrected defects 22
D. Cost Control
29 Bill of Quantities (BOQ) 23
30 Variations 23
31. Payment for Variations 23
32. Submission of bills for payment 24
33 Payments 24
34. Compensation events 24
35. Tax 24
36. Liquidated damages 25
37. Cost of repairs 25
E Finishing of Contract
38. Completion 25
39. Taking Over 25
40. Final account 25
41. As built drawings 25
42. Termination 25
43 Payment upon termination 26
44. Property 26
45. Release from performance 26

F Special Conditions of Contract 27

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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
Clause38.1.
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.
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

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(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
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 GOK
from time to time during the execution of the work. The technical staff so employed shall be available at site as may
be stipulated by the Employer.
9.2 If the Employer asks the Contractor to remove a person who is a member of the Contractor’s staff or his work force
stating the reasons, the Contractor shall ensure that the person leaves the Site within seven days and has no further
connection with the work in the Contract.
10. Employer’s and Contractor's risks
10.1 The Employer carries the risks which this Contract states are Employer’s risks, and the Contractor carries the risks
which this Contract states are Contractor’s risks.
11. Employer's risks
11.1 The Employer is responsible for the excepted risks which are (a) in so far as rebellion, riot commotion or disorder or
(b) a cause due solely to the design of the Works, other than the Contractor’s design.

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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 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.
19. Access to the Site
19.1 The Contractor shall allow the Employer and any person authorized by the Employer access to the Site, to any place
where work in connection with the Contract is being carried out or is intended to be carried out and to any place
where materials or plant are being manufactured / fabricated / assembled for the works.
20. Instructions
20.1 The Contractor shall carry out all instructions of the Employer which comply with the applicable laws where the
Site is located.
B. Time Control
21. Program
21.1 Within the time stated in the Contract Data the Contractor shall submit to the Employer for approval a Program
showing the general methods, arrangements, order, and timing for all the activities in the Works.

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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 and contractor should
attend the defect and test on his own cost.
26. Tests
26.1 If the Employer instructs the Contractor to carry out a test not specified in the Specification also 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.
Contractor should conduct the SBC/CBR/Concrete test before execute the work and contractor shall pay for it own
and other testing expenditure. Contractor should take variable test include all materials using for work in site as per
IS criteria and MORTH specification as instructed by the employer with his own cost during execution period.
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.

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D. Cost Control

29. Bill of Quantities (BOQ)

29.1 The BOQ shall contain items for the construction, installation, testing, and commissioning work to be done by the
Contractor.
29.2 The BOQ is used to calculate the Contract Price. The Contractor is paid for the quantity of the work done at the rate
in the BOQ for each item

30. Variations
30.1 The Employer shall have power to order the Contractor to do any or all of the following as considered necessary or
advisable during the progress of the work by him

(a) Increase or decrease of any item of work included in the Bill of Quantities (BOQ);
(b) Omit any item of work;
(c) Change the character or quality or kind of any item of work;
(d) Change the levels, lines, positions and dimensions of any part of the work;
(e) Execute additional items of work of any kind necessary for the completion of the works; and
(f) Change in any specified sequence, methods or timing of construction of any part of the work.

30.2 The Contractor shall be bound to carry out the work in accordance with any instructions in this connection, which
may be given to him in writing by the Employer and such alteration shall not vitiate or invalidate the contract.
30.3 Variations shall not be made by the Contractor without an order in writing by the Employer, provided that no order
in writing shall be required for increase or decrease in the quantity of an item appearing in the BOQ so long as the
work executed conforms to the approved drawings.
30.4 The Contractor shall promptly request in writing the Employer to confirm verbal orders and if no such confirmation
is received within 15 days of request, it shall be deemed to be an order in writing by the Employer.
31. Payments for Variations
31.1 Payment for increase in the quantities of an item in the BOQ up to 25% of that provided in the Bill of Quantities
shall be made at the rates quoted by the Contractor.
31.2 For quantities in excess of 125% of the tendered quantity of an item as given in the BOQ, the Contractor shall be
paid at the rate entered in or derived from in the Schedule of Rates (applicable for the area of the work and current at
the time of award of contract) plus or minus the overall percentage of the original tendered rates over the current
Schedule of Rates prevalent at the time of award of contract.
31.3 If there is no rate for the additional, substituted or altered item of the work in the BOQ, efforts would be made to
derive the rates from those given in the BOQ or the Schedule of Rates (applicable for the area of the work and
current at the time of award of contract) and if found feasible the payment would be made at the derived rate for the
item plus or minus the overall percentage of the original tendered rates over the current Schedule of Rates prevalent
at the time of award of contract
31.4 If the rates for additional, substituted or altered item of work cannot be determined either as at 31.1 or 31.2 or 31,3
above, the Contractor shall be requested to submit his quotation for the items supported by analysis of the rate or
rates claimed, within 7 days.
31.5 If the Contractor's quotation is determined unreasonable, the Employer may order the Variation and make a change
to the Contract Price which shall be based on Employer’s own forecast of the effects of the Variation on the
Contractor's costs.
31.6 If the Employer decides that the urgency of varying the work would prevent a quotation being given and considered
without delaying the work, no quotation shall be given and the Variation shall be treated as a Compensation Event.
31.7 Under no circumstances the Contractor shall suspend the work on the plea of non-settlement of rates for items
falling under this Clause.

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32. Submission of bills for payment
32.1 The Contractor shall submit to the Employer monthly bills of the value of the work completed less the cumulative
amount paid previously.
32.2 The Employer shall check the Contractor's bill and determine the value of the work executed which shall comprise
of (i) value of the quantities of the items in the BOQ completed and (ii) valuation of Variations and Compensation
Events.
32.3 The Employer may exclude any item paid in a previous bill or reduce the proportion of any item previously paid in
the light of later information.
33. Payments
33.1 Payments shall be adjusted for deductions for retention, other recoveries in terms of the contract and taxes, at source,
as applicable under the law. The Employer shall pay the Contractor the within 60 days of submission of bill.
33.2 Items of the Works for which no rate or price has been entered in will not be paid for by the Employer and shall be
deemed covered by other rates and prices in the Contract.
34. Compensation events
34.1 The following are Compensation events unless they are caused by the Contractor:
(a) The Employer does not give access to a part of the Site by the Site Possession Date stated in the
Contract Data.
(b) The Employer orders a delay or does not issue drawings, specifications or instructions required for
execution of works on time.
(c) The Employer instructs the Contractor to uncover or to carry out additional tests upon work which is
then found to have no Defects.
(d) The Employer gives an instruction for dealing with an unforeseen condition, caused by the Employer,
or additional work required for safety or other reasons.
(e) The effect on the Contractor of any of the Employer’s Risks.
(f) The Employer unreasonably delays issuing a Certificate of Completion.
(g) Other Compensation Events listed in the Contract Data or mentioned in the Contract.
34.2 If a Compensation Event would cause additional cost or would prevent the work being completed before the
Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date is extended.
The Employer shall decide whether and by how much the Contract Price shall be increased and whether and by how
much the Intended Completion Date shall be extended.
34.3 As soon as information demonstrating the effect of each Compensation event upon the Contractor's forecast cost
has been provided by the Contractor, it is to be assessed by the Employer and the Contract Price shall be adjusted
accordingly. If the Contractor's forecast is deemed unreasonable, the Employer shall adjust the Contract Price based
on Employer’s own forecast. The Employer will assume that the Contractor will react competently and promptly to
the event.
34.4 The Contractor shall not be entitled to compensation to the extent that the Employer's interests are adversely
affected by the Contractor not having given early warning or not having cooperated with the Employer.
35. Tax
35.1 The rates quoted by the Contractor shall be deemed to be inclusive of the sales and other taxes that the Contractor
will have to pay for the performance of this Contract. The Employer will perform such duties in regard to the
deduction of such taxes at source as per applicable law.

26
35.2 GST shall be paid to the tendered amount separately.

27
36. Liquidated damages
36.1 The Contractor shall pay liquidated damages to the Employer at the rate per day stated in the Contract Data for each
day that the Completion Date is later than the Intended Completion Date. The total amount of liquidated damages
shall not exceed the amount defined in the Contract Data. The Employer may deduct liquidated damages from
payments due to the Contractor. Payment of liquidated damages does not affect the Contractor's liabilities.
36.2 If the Intended Completion Date is extended after liquidated damages have been paid, the Employer shall correct
any overpayment of liquidated damages by the Contractor by adjusting the next payment of bill.
37. Cost of repairs
37.1 Loss or damage to the Works or Materials to be incorporated in the Works between the Start Date and the end of the
Defects Correction periods shall be remedied by the Contractor at the Contractor's cost if the loss or damage arises
from the Contractor's acts or omissions.
E. Finishing the Contract
38. Completion
38.1 The Contractor shall request the Employer to issue a Certificate of Completion of the Works and the Employer will
do so upon deciding that the Work is completed.
39. Taking over
39.1 The Employer shall take over the Site and the Works within seven days of issuing a certificate of Completion.
40. Final account
40.1 The Contractor shall supply to the Employer a detailed account of the total amount that the Contractor considers
payable under the Contract before the end of the Defects Liability Period. The Employer shall issue a Defect
Liability Certificate and certify any final payment that is due to the Contractor within 90 days of receiving the
Contractor's account if it is correct and complete. If it is not, the Employer shall issue within 90 days a schedule that
states the scope of the corrections or additions that are necessary. If the Final Account is still unsatisfactory after it
has been resubmitted, the Employer shall decide on the amount payable to the Contractor and make payment within
60 days of receiving the Contractor’s revised account.
41. As built drawings
41.1 If “as built” Drawings20 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;
Completion drawings

28
(b) the Employer instructs the Contractor to delay the progress of the Works and the instruction is not withdrawn
within 60 days; DELETED
(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; DELETED
(e) the Employer gives Notice that failure to correct a particular Defect is a fundamental breach of Contract and the
Contractor fails to correct it within a reasonable period of time determined by the Employer;
(f) the Contractor does not maintain a security which is required;
(g) the Contractor has delayed the completion of works by the number of days for which the maximum amount of
liquidated damages can be paid as defined in the Contract data; and
(h) if the Contractor, in the judgment of the Employer has engaged in corrupt or fraudulent practices in competing
for or in the executing the Contract.
For the purpose of this paragraph : “corrupt practice” means the offering, giving, receiving or soliciting of any thing
of value to influence the action of a public official in the procurement process or in contract execution. “Fraudulent
practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a
contract to the detriment of the Borrower, and includes collusive practice among Tenderers (prior to or after Tender
submission) designed to establish Tender prices at artificial non-competitive levels and to deprive the Borrower of
the benefits of free and open competition.”

42.3 When either party to the Contract gives notice of a breach of contract to the Employer for a cause other than those
listed under Sub Clause 42.2 above, the Employer shall decide whether the breach is fundamental or not.
42.4 Notwithstanding the above, the Employer may terminate the Contract for convenience.
42.5 If the Contract is terminated the Contractor shall stop work immediately, make the Site safe and secure and leave the
Site as soon as reasonably possible.
43. Payment upon Termination
43.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the Employer shall
prepare bill for the value of the work done less advance payments received up to the date of the bill, less other
recoveries due in terms of the contract, less taxes due to be deducted at source as per applicable law and less the
percentage to apply to the work not completed as indicated in the Contract Data. Additional Liquidated Damages
shall not apply. If the total amount due to the Employer exceeds any payment due to the Contractor the difference
shall be a debt payable to the Employer.
43.2 If the Contract is terminated at the Employer's convenience or because of a fundamental breach of Contract by the
Employer, the Employer shall prepare bill for the value of the work done, the reasonable cost of removal of
Equipment, repatriation of the Contractor's personnel employed solely on the Works, and the Contractor's costs of
protecting and securing the Works and less advance payments received up to the date of the certificate, less other
recoveries due in terms of the contract, and less taxes due to be deducted at source as per applicable law and make
payment accordingly.
44. Property
44.1 All materials on the Site, Plant, Equipment, Temporary Works and Works are deemed to be the property of the
Employer, if the Contract is terminated because of a Contractor’s default.
45. Release from performance
45.1 If the Contract is frustrated by any event entirely outside the control of either the Employer or the Contractor the
Employer shall certify that the Contract has been frustrated. The Contractor shall make the Site safe and stop work
as quickly as possible after receiving this certificate and shall be paid for all work carried out before receiving it and
for any work carried out afterwards to which commitment was made.

29
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.
[ Add other Clauses specific to the work for which tenders are invited.]

30
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
The Employer is :
Name: Chief Officer
Address: TMC, Chikkanayakanahalli , TUMKUR.
Name of authorized Representative: Chief Officer, TMC, Chikkanayakanahalli
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 Drain work
[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. [1.1]
The Intended Completion Date for the whole of the Works is

aPÀÌ£ÁAiÀÄPÀ£ÀºÀ½î ¥ÀÄgÀ¸À¨sÁ ªÁå¦ÛAiÀÄ §gÀĪÀ J¯Áè ªÁqÀðUÀ½UÉ J¯ï.E.r ©Ã¢


¢Ã¥ÀUÀ¼À C¼ÀªÀrPÉUÉ CªÀ±Àå«gÀĪÀ AiÀÄÄ.f PÉç¯ï, ©Ã¢ ¢Ã¥À
PÀA§UÀ¼ÀÄ,CyðAUï,PÀAmÉÆæÃ¯ï ¥Áå£À¯ï ¨ÉÆÃqÀð ªÀÄvÀÄÛ EvÀgÉ ªÀÄÆ®
¸ËPÀAiÀÄðUÀ¼À£ÀÄß ¥ÀÆgÉʸÀĪÀÅzÀÄ ªÀÄvÀÄÛ C¼ÀªÀr¸ÀĪÀÅzÀÄ.
Providing and Installing UG Cable,Lighting Poles,Lighting,Control Panal board and other
Infrasturcture required for the installation of LED Street Lamps for all Wards in
Chikknayakanahalli TMC LImit
Est. Cost Rs. 20.90 Lakhs
The following documents also form part of the Contract: [2.2]
______________________________________________________
______________________________________________________
______________________________________________________
The Site Possession Date is22: [18]
The Site is located at In Chikkanayakanahalli Town [1.1]
and is defined in drawings nos. ______________________________
_______________________________________________________
The Defects Liability Period is 730 days23. [27]
21
At the time of preparation of the tender document give he period required for completion of work. When the
Agreement is drawn after award of contract the dates can be put in.
22
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’

31
23
The period should depend upon 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)
The liquidated damages for the whole of the works are
Rs.0.1 % Of the Contract price (amount) per day24 [36]
The maximum amount of liquidated damages for the whole of the works [36]
is ten percent of final contract price.
The date by which “as-built”25 drawings (in scale …26) in 2 sets are required is within 30 days of issue
of certificate of completion .. [41]
The amount to be withheld for failing to supply “as built”27 drawings by the date required is
Rs. [41]
The following events shall also be fundamental breach of the contract : [42.2]
1. The contractor has contravened Sub-clause 7.1 and Clause 9 of CC.
The percentage to apply to the value of the work not completed representing the Employer's [43.1]
additional cost for completing the Works shall be 3028 percent.
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.
Completion drawings
specify the scale.
The amount should be sufficient to get the completion drawings prepared by alternative agency in case the contractor
fails to submit.
Change if need be. It should be sufficient to get the balance of works completed by alternative agency.

32
SECTION 7: DRAWINGS

SECTION 8: BILL OF QUANTITIES Rate (Rs)


Sl. No. Description of Quantity Unit In figures In words Amount
item (with brief (Rs)
specification
and reference
to Book of
specification)
Total Tender Price (in figures)
(in words)

33
SECTION 8 BILL OF QUANTITIES

Please refer e-procurement portal

Rate (Rs)
Sl. No. Quantity Unit In figures In words Amount (Rs)

ENCLOSED SEPERATELY in Portal

Total Tender Price (in


figures)
(in
words)

Note:

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

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

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

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

34
SECTION 9: FORMAT OF BANK GUARANTEE FOR SECURITY DEPOSIT

To: Chief Officer, TMC, Chikkanayakanahalli .

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] 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]1 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 ____________________________________________

35

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