GOVERNMENT OF KARNATAKA

TOWN PANCHAYATH,
BOGADI
Telephones: 0821-2331099 Fax:

TENDERS FOR THE WORK OF

Package No.– 02
1) Construction of Concrete road Opposite Hobbalamma Choultry to Siddaiah house
at Kergalli in Bogadi Town Panchayathi Limit.
2) Construction of CC Drain & Concrete road K.Salundi Bus Stop to Swamy Gowda
house and Mallaraju house to SiddeGowda house in Bogadi Town Panchayathi
Limit.
3) Construction of Under Ground Draiage and CC drain work at
Marathikeythanahalli Advocate KariGowda house road in Bogadi Town
Panchayathi Limit.
DMA/2024-25/RD/WORK_INDENT19547
TENDER REFERENCE:

TENDER REFERENCE:

PERIOD OF SALE OF TENDER DOCUMENT : View e-procurement Portal-2

LAST DATE FOR SALE OF TENDER DOCUMENT : View e-Procurement Portal-2

LAST DATE AND TIME FOR

RECEIPT OF TENDERS : View e-procurement Portal-2

TIME AND DATE OF OPENING OF TENDERS1 : View e-Procurement Portal-2

PLACE OF OPENING OF TENDERS :

Town Panchayath
Bogadi
ADDRESS FOR COMMUNICATION :

Contractor 1 Chief Officer

 Contents

Section No. Description

1 INVITATION FOR TENDERS (IFT)

2 INSTRUCTIONS TO TENDERERS (ITT)

3. FORM OF TENDER AND QUALIFICATION INFORMATION

4. CONDITIONS OF CONTRACT (CC)

5 CONTRACT DATA

6 SPECIFICATIONS

7 DRAWINGS

8. BILL OF QUANTITIES

9. FORMAT OF BANK GUARANTEE FOR SECURITY DEPOSIT

Contractor 2 Chief Officer

 SECTION 1: INVITATION FOR TENDERS (IFT)
Date: IFT No.:
1. The CHIEF OFFICER , TOWN PANCHAYATH, BOGADI 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 downloaded from Government of Karnataka e-Procurement website
https://kppp.karnataka.gov.in under login for Contractors:
After login to Contractors, Please scroll down to the right side bottom to see List of Tenders,
Please click there to find the details of NIT and download copy of the tender. The tender can be
downloaded in the portal as per prescribed date and time published in the portal. Only Interested
Contractors who wish to participate should remit on line transaction fee for tender after
registering in the portal. The transaction fee is non-refundable if you wish to participate.
3. Tenders must be accompanied by earnest money deposit which will be paid online
through e-Procurement portal.
4. Tenders must be electronically submitted (on-line through internet) with in the date and
time published in e-procurement portal. First Cover Tenders will be opened at prescribed time
and date in the eprocurement portal in the presence of the Tenderers who wish to attend at the
Office of the The Chief Officer, TOWN PANCHAYATH , BOGADI
5. Other details can be seen in the tender documents.
TABLE
Approximate
Period of
value of Earnest Money Class of
Sl No Name of work Contractor
completion
work (Rs.) in Deposit (Rs.)
lakhs
Package No.– 02
1) Construction of Concrete road
Opposite Hobbalamma Choultry
to Siddaiah house at Kergalli in
Bogadi Town Panchayathi Limit.
2) Construction of CC Drain &
Concrete road K.Salundi Bus Stop
to Swamy Gowda house and Class-III
1 Mallaraju house to SiddeGowda and above
house in Bogadi Town 49.40 98,800.00 civil 120 Days
Panchayathi Limit. contracto
3) Construction of Under Ground r
Draiage and CC drain work at
Marathikeythanahalli Advocate
KariGowda house road in Bogadi
Town Panchayathi Limit.
DMA/2024-25/RD/
WORK_INDENT19547

Contractor 3 Chief Officer

SECTION 2: INSTRUCTIONS TO TENDERERS (ITT)

Table of Clauses

A. General
1. Scope of Tender
2. Eligible Tenderers
3. Qualification of 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
21. Award criteria
22 Employer’s right to accept any Tender and to reject any or all Tenders
23. Notification of award and signing of Agreement
24. Security deposit
25. Corrupt or Fraudulent practice

Contractor 4 Chief Officer

 A. General
1. Scope of Tender

1.1 The The Chief Officer, TOWN PANCHAYATH BOGADI (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 his name should have in the last five years i.e. 2019-20
to 2023-24.
(a) Achieved in at least two financial years an average annual financial turnover (in all classes of civil
engineering construction works only) of Rs. 49.40 Lakhs (usually not less than the estimated cost
under this contract)*;
3.3 Satisfactorily completed as a prime contractor at least one similar work to a extent of Rs. 24.70 Lakhs
(50% of the cost of the work.) Contractor should submit the following document doing 2019-20 to 2023-24.

3.4 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 2023-24 price level) taking into account the completed as well as works in progress.
N = Number of years prescribed for completion of the works for which Tenders are invited.
B = Value, at 2023-24 price level, of existing commitments and on-going works to be completed during the
next....3/12 Years.
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*.

Certificate from Executive Engineer or equivalent should be furnished so for satisfactory completion
as prime contractor as per clause 3.2(b)

Contractor 5 Chief Officer

3.3 Each tenderer should further demonstrate
(a) a) liquid assets and or availability of credit facilities of no less than Rs. 14.82 Lakhs
(Credit lines/ letters of credit/ certificates from banks for meeting the fund requirement
etc.

BANKER’S CERTIFICATE/LINE OF CREDIT LETTER

(To be issued in the letter head of the bank branch)
Referance number:
Date:

To,
The Chief Officer
TOWN PANCHAYATH
Bogadi

This is to certify that Sri/,M/s. …………………………..(name of the customer) having

his/their registered/administrative office at …………………. is a customer of our bank and
is/are engaged in ………………………………..(nature of activity), if the said customer is
allotted/awarded with “ Package No.– 02 1)Construction of Concrete road Opposite
Hobbalamma Choultry to Siddaiah house at Kergalli in Bogadi Town Panchayathi Limit.
2)Construction of CC Drain & Concrete road K.Salundi Bus Stop to Swamy Gowda house
and Mallaraju house to SiddeGowda house in Bogadi Town Panchayathi Limit.
3)Construction of Under Ground Draiage and CC drain work at Marathikeythanahalli
Advocate KariGowda house road in Bogadi Town Panchayathi Limit. DMA/2024-
25/RD/WORK_INDENT19547 ” we may extend external credit facilities upto Rs. 14.82
Lakhs, to meet his/their working capital requirement towards the execution of the said work
order as per the loan policy of the bank.

This certificate is valid upto three months from the date of issu, that is upto ……..
Yours faithfully,

Senior Bank Manger,

Name of the Bank,Address

Contractor 6 Chief Officer

 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.

Contractor 7 Chief Officer

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

The supplier/contractor can pay the Earnest Money Deposit (EMD) in the e-Procurement
portal using any of the following payment modes:
 Credit Card
 Direct Debit
 National Electronic Fund Transfer (NEFT)
 Over the Counter (OTC)

OTC payment procedure

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

NEFT payment procedure

If a contractor/supplier chooses to make payment of EMD/tender processing fees using
Reserve Bank of India's (RBI) National Electronic Fund Transfer (NEFT) system, the

Contractor 8 Chief Officer

contractor/supplier will need to log into e-Procurement system, access the tender for which
bid is being created and then select the NEFT option under the payment section and print
the Challan shown in that section. The printed challan will have the unique bid reference
number, account details of Government of Karnataka and the amount to be remitted. The
contractor has to submit the printed challan to its bank-branch (NEFT-enabled) and
request for an account-to-account transfer, wherein the money will get transferred from
the contractors' bank account to GoK's bank account. The contractor should ensure that
NEFT transfer instructions are executed and the funds are wired to the Government of
Karnataka's principal account before the last date for bid submission and preferably 24
hours before the last date for bid submission. If the contractor's bank

transfers/wires the money after the last date for bid submission, the contractor's bid will be
liable for rejection. Upon executing the transfer, the contractor's bank will provide a
reference number generated by NEFT software as confirmation of transfer, which has to
be inputted by contractor in the payment section of its bid as payment confirmation before
the bid is submitted (i.e.) as a pre-requisite for bid submission. Also, the account number
from which the funds were transferred have to be inputted in the e-Procurement system as
part of its bid.

The supplier/contractor’s bid will be evaluated only on confirmation of receipt of the

payment (EMD) in the Government of Karnataka central pooling a/c held at Axis Bank

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

a. EMD will be accepted only in the form of electronic cash (and not through Demand
Draft or Bank Guarantee) and will be maintained in the Govt.’s central pooling account at
Axis Bank until the contract is closed.

b. The entire EMD amount for a particular tender has to be paid in a single transaction

For details on e-Payment services refer to e-procurement portal for more details on the
process.
Instruments having fixed validity issued as earnest money deposit for the tender
shall be valid for 45 days beyond the validity of the tender.Any tender not
accompanied by an acceptable earnest money deposit and not secured as
indicated in Sub-Clauses 9.1 and 9.2 above shall be rejected by the Employer
as non-responsive.The earnest money deposit of unsuccessful tenderers will be
returned within 30 days of the end of the tender validity period specified in
Sub-Clause 8.1The earnest money deposit of the successful Tenderer will be
discharged when the Tenderer has signed the Agreement and furnished the
required Performance Security.
The earnest money deposit may be forfeited:
If the Tenderer withdraws the Tender after tender opening during the period of
tender validity;
If the Tenderer does not accept the correction of the Tender Price, pursuant to
Clause 19; or

Contractor 9 Chief Officer

 In the case of a successful Tenderer, if the Tenderer fails within the specified
time limit to
Sign the Agreement; or
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.

D. Submission of Tenders

11. Sealing and marking of tenders

11. Tenderer shall submit the Bid electronically before the submission date and time
published

12. Deadline for submission of the Tenders

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

In online e-procurement system, you shall not be able to submit the bid after the bid
submission time and date as the icon or the task in the eprocurement portal will not be
available

14. Modification and Withdrawal of Tenders

Tender has all the time to modify and correct or upload any relevant document in the
portal till Bid submission date and time, as published in the eprocurement portal.

Contractor 10 Chief Officer

 E. Tender opening and evaluation

15. Tender opening

15.1 The Employer will open online all the Tenders received through eprocurement portal, in
the presence of the Tenderers or their representatives who choose to attend on the date
and the place specified in the e-procurement portal. In the event of the specified date of
Tender opening being declared a holiday for the Employer, the Tenders will be opened at
the appointed time and location on the next working day.
15.3 The Tenderes names, the presence or absence of earnest money deposit (amount, format
and validity), the submission of qualification information and such other information as
the Employer may consider appropriate will be announced by the Employer at the
opening.
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.

Contractor 11 Chief Officer

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

19. Correction of errors

The Tenderer can do Modifications before submitting their bids online only.

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 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.

20.4 in hard copy

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.
21. 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, e-mail or facsimile or e-
procurement portal or through 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

Contractor 12 Chief Officer

 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 3% of the Contract price :-
- Cash or
- Banker’s cheque/Demand draft,/Pay Order in favour of Chief officer TOWN
PANCHAYATH BOGADI payable or - Specified Small Savings Instruments pledged
to of Chief officer TOWN PANCHAYATH BOGADI 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.

Contractor 13 Chief Officer

 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

Form of Tender

4 Total

Tender

To: Chief Officer

Address: TOWN PANCHAYATH BOGADI

Gentlemen,

We offer to execute the Works described above in accordance with the Conditions of Contract
accompanying this Tender for the Contract Price of _________ [in figures]
(________________________________________________) [in letters].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:

Contractor 14 Chief Officer

_______________________________________________________________

Name of Tenderer ______________________________________________

Address: ----------------------------------------------------------------------

----------------------------------------------------------------------

-----------------------------------------------------------------------

Qualification Information
The information to be filled in by the Tenderer hereunder will be used for purposes of computing
Tender
capacity as provided for in Clause 3 of the Instructions to Tenderers. This information will not be
incorporatedin 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. Lakhs)
2019-20______________
2020-21
2021-22
2022-23
2023-24
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.
Remarks
Date of explaining
Value of Specified Actural date
Project Name of Description Contract issue of reasons for
Name of work. contract period of of
employer Number work delay in
Rs.lakhs. completion. completion.
order. completion
of work.
1 2 3 4 5 6 7 8 9

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:

Contractor 15 Chief Officer

Description Place & Contract Name and Value of Stipulated Value of Anticipated
of Work. sate No & date address of contract period of works date of
employer. (Rs. completion. remaining completion.
Lakhs) to be
completed.
1 2 3 4 5 6 7 8

(B) Works for which Tenders already submitted:

Estimated
Name and Stipulated Date when
Description value of Remarks if
Place & sate address of period of decision is
of Work. works (Rs any.
employer. completion. expected.
lakhs).
1 2 3 4 5 6 7

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

Contractor 16 Chief Officer

 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
______________________________________________________________________________
________
[name of the contract and identification number, as given in the Instructions to Tenderers] for the
Contract Price of Rupees _________________________________________________
(_______________________________________________________________________)
[amount in words and figures], as corrected and modified in accordance with the Instructions to
Tenderers is hereby accepted by our Agency.
You are hereby requested to furnish Security deposit, in the form detailed in Para 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,

Chief Officer
TOWN PANCHAYATH BOGADI
----------------------------------------------------------------------------------------------------------------

Contractor 17 Chief Officer

 Issue of Notice to proceed with the work
(letter head 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 —————— 19 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,

Chief Officer
TOWN PANCHAYATH BOGADI

Contractor 18 Chief Officer

 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.

Contractor 19 Chief Officer

 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

_____________________________________________________

Contractor 20 Chief Officer

 SECTION 4: CONDITIONS OF CONTRACT

Table of Contents

A. General

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

B. Time Control

21. Program
22. Extension of the Intended Completion Date
23. Delays ordered by the Employer
24. Management meetings

C. Quality Control

25. Identifying defects

26. Tests
27. Correction of defects
28 Uncorrected defects

D. Cost Control
29 Bill of Quantities (BOQ)
30 Variations
31. Payment for Variations
32. Submission of bills for payment
33 Payments

Contractor 21 Chief Officer

 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

Contractor 22 Chief Officer

 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.

Contractor 23 Chief Officer

 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

Contractor 24 Chief Officer

 Deleted.

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.

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

Contractor 25 Chief Officer

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 / ssembled for the works.

20. Instructions

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

B. Time Control

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

21.2 The Employer's approval of the Program shall not alter the Contractor's obligations. The
Contractor may revise the Program and submit it to the Employer again at any time. A
revised Program is to show the effect of Variations and Compensation Events.

22. Extension of the Intended Completion Date

Contractor 26 Chief Officer

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 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

Contractor 27 Chief Officer

 within the length of time specified by the Employer’s notice.

28. Uncorrected defects

28.1 If the Contractor has not corrected a Defect within the time specified in the Employer’s
notice, the Employer will assess the cost of having the Defect corrected, and the
Contractor will pay this amount.

D. Cost Control
29. Bill of Quantities (BOQ)

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

30. Variations

30.1 The Employer shall have power to order the Contractor to do any or all of the following
as considered necessary or advisable during the progress of the work by him
(a) Increase or decrease of any item of work included in the Bill of Quantities (BOQ);
(b) Omit any item of work;
(c) Change the character or quality or kind of any item of work;
(d) Change the levels, lines, positions and dimensions of any part of the work;
(e) Execute additional items of work of any kind necessary for the completion of the
works; and
(f) Change in any specified sequence, methods or timing of construction of any part of
the work.
30.2 The Contractor shall be bound to carry out the work in accordance with any instructions
in this connection, which may be given to him in writing by the Employer and such
alteration shall not vitiate or invalidate the contract.
30.3 Variations shall not be made by the Contractor without an order in writing by the
Employer, provided that no order in writing shall be required for increase or decrease in
the quantity of an item appearing in the BOQ so long as the work executed conforms to
the approved drawings.
30.4 The contractor shall promptly request in writing to the employer to confirm verbal orders
and the officer issuing oral instructions shall confirm it in writing within 30 days failing
which the work shall be carried out as though there is no variation. In case variation is
approved itself be accompanied by BOQ failing which the contracotr shall be responsible
for deviation if any. Further approval of Govt has to be obtained for the variation
exceeding 25%.

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.

Contractor 28 Chief Officer

31.2 For quantities in excess of 125% of the tendered quantity of an item as given in the
BOQ, the Contractor shall be paid at the rate entered in or derived from in the Schedule
of Rates (applicable for the area of the work and current at the time of award of contract)
plus or minus the overall percentage of the original tendered rates over the current
Schedule of Rates prevalent at the time of award of contract.
31.3 If there is no rate for the additional, substituted or altered item of the work in the BOQ,
efforts would be made to derive the rates from those given in the BOQ or the Schedule of
Rates (applicable for the area of the work and current at the time of award of contract)
and if found feasible the payment would be made at the derived rate for the item plus or
minus the overall percentage of the original tendered
rates over the current Schedule of Rates prevalent at the time of award of contract
31.4 If the rates for additional, substituted or altered item of work cannot be determined either
as at 31.1 or 31.2 or 31,3 above, the Contractor shall be requested to submit his quotation
for the items supported by analysis of the rate or rates claimed, within 7 days.
31.5 If the Contractor's quotation is determined unreasonable, the Employer may order the
Variation and make a change to the Contract Price which shall be based on Employer’s
own forecast of the effects of the Variation on the Contractor's costs.
31.6 If the Employer decides that the urgency of varying the work would prevent a quotation
being given and considered without delaying the work, no quotation shall be given and
the Variation shall be treated as a Compensation Event.
31.7 Under no circumstances the Contractor shall suspend the work on the plea of non-
settlement of rates for items falling under this Clause.

32. Submission of bills for payment

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

33. Payments

33.1 Payments shall be adjusted for deductions for advance payments other than recoveries in
terms of contract and taxes, at source, as applicable under the law. The employer shall
pay the contractor within 60 days of submission of the bill. The contractor shall be liable
to pay liquidated damages for shortfall in progress. For progress beyond the agreed
programme payments is subject to availability of the grants.

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

Contractor 29 Chief Officer

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

Contractor 30 Chief Officer

 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” Drawings 20 are required, the Contractor shall supply them by the dates
stated in the Contract Data.

Contractor 31 Chief Officer

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 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) Deleted.
(c) The Contractor becomes bankrupt or goes into liquidation other than for a
reconstruction or amalgamation;
(d) 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.”
42.2 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

Contractor 32 Chief Officer

 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 theproperty 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 timesby 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

Contractor 33 Chief Officer

 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

Contractor 34 Chief Officer

 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: The Chief Officer, TOWN PANCHAYATH BOGADI

Address The Chief Officer, TOWN PANCHAYATH BOGADI

Name of authorized Representative:_______AE_______________________________________

The name and identification number of the Contract is Improvement of Road and
construction of CC Drain from puttegowda house to venkatesh upadhyaya house
and Maradamma house in Bogadi TP limit
DMA/2023-24/OW/WORK_INDENT 9774

[insert name and number as indicated in the Invitation for Tenders ]. [1.1]

The Works consist of

[brief summary, including relationship to other contracts under the Project].

The start date shall be the date of issue of notice to proceed with the work. [1.1]
The Intended Completion Date for the whole
of the Works is 03 Months excluding rainy season.
[15, 22]

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

_____________________________________________________
______________________________________________________
______________________________________________________
The Site Possession Date is ____________________ [18]

and is defined in drawings nos. ______________________________

The Defects Liability Period is 730 days. [27]

The liquidated damages for the whole of the works are:

Rs.0.1% of Contract price per day [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” drawings (in scale …....) in 2 sets are required is within 30 days of

Contractor 35 Chief Officer

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.____________________500.00_____________ [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 30 percent.

SECTION 6: SPECIFICATIONS

As per eproc portal

SECTION 7: DRAWINGS

Enclosed separately.

ECTION 8: BILL OF QUANTITIES

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

Enclosed separately.

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 7.2 and CC Clause 33.2).

(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. [ITB Clause 19.1(a)]

Contractor 36 Chief Officer

(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 [ITB Clause 19.1
(b)]

SECTION 9: FORMAT OF BANK GUARANTEE FOR SECURITY DEPOSIT

To: Chief Officer
TOWN PANCHAYATH BOGADI

WHEREAS _________________________ (hereinafter called "the Contractor") has

undertaken, in pursuance of Contract No. _____ dated ________________ to execute

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._____________________
Rupees__________________________ __________________________, and we undertake to
pay you, upon your first written demand and without cavil or argument, any sum or sums within
the limits of ____________________ 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 ____________________________________________

Contractor 37 Chief Officer