GOVERNMENT OF KERALA IRRIGATION DEPARTMENT Kuttanad Development Circle, Kottayam, Kerala
TENDER NO: E08/PQ/SE/KDC/KTM/2013-14
FACING SHEET
1 Name of work Modernization of Thanneermukkom Bund to manage salinity and minimize ecological decay Construction of central portion of Thanneermukkom barrage (3rd stage works). 2 Estimate PAC Rs 181 crores./- 3 Earnest Money Deposit (EMD) Rs 4.53 crores/- (e-payment only) 4 Tender submission fee Rs 52500/- (including VAT) ( e-Payment only) 5 Period of completion 920days 6 Classification of Bidder A person or firm which has executed satisfactorily a single work whose estimate PAC is 90.5 crores within the last five years. 12 Online bid submission closing date 9/12/2013 13 Last date and time of receipt of relevant 12/12/2013 5pm document as mentioned (NIT) by speed post/Registered post 14 Date and time of opening of online 13/12/2013 11 am prequalification tender/ bid 16 Division Kuttanad Development Division, Thanneermukkom 17 Sub Division Assistant Executive Engineer, Kuttanad Development Sub Division, Thanneermukkom 27 18 Section K D Section No1 , Thanneermukkom.
SPECIAL INSTRUCTIONS The following instructions shall be strictly observed while submitting tender 1) The latest balance sheet in Form VI, Companies Act, with Schedules authenticated by the Chartered Accountant shall be furnished. 2) The Annual turnover details should be authenticated by the Chartered Accountant. 3) If financial assistance from Banks is required for mobilizing funds, a certificate from the bank concerned shall be produced. The bank certificate should pertain to the particular work and for the current year. Also amount of loan or assurance extending financial assistance if the said work is awarded to the bidder should be mentioned. 4) The amount shown in the list of works in progress (balance amount) should tally with the amount W H C ish the details of all the works in their hand and they would be liable to be disqualified if any suppression of facts is noticed. 5) The Degree/ Diploma Certificates of the works Managers and Site Engineers along with their consent letters of work with the firm should be furnished. 6) The copy of the proof of ownership of the list of plants duly attested by an officer shall be furnished. 7) To verify the experience, the list of works completed by the bidder for the in the immediate past 5years clearly specifying the date of completion and actual date of completion should be furnished with a certificate from the agreement authority. Only these works will be considered as experience. 8) Contractor shall not wait for payment for completion of the work. 9) Contractors shall have all facilities such as financial and technical soundness and necessary accessories for the completion of the work within the time of completion. 10) All the copies of documents submitted along with the tenders should be certified by a Gazzeted Officer. 11) The percentage rate quoted by the bidder should not contain more than two decimal places. If the quoted percentage contains more than two decimal places the balance will be omitted. 12) Pre-bid meeting will not be held in the office of the Superintending Engineer, Kuttanad Development Circle, Kottayam.
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KERALA IRRIGATION DEPARTMENT DESCRIPTIVE SPECIFICATION
Name of work: Modernization of Thanneermukkom Bund to manage salinity and minimize ecological decay – Construction of central portion of Thanneermukkom barrage (3rd stage works).
Sl. No. Description of Source Approximate materials Distance Lorry Head load Boat km. m. km. 1. Rubble Vellassery 37 2. River Sand Vadayar 26 3. Broken stone Vellassery 37 4. Coconut post Local 3 5. Arecanut Local 3 6. Earth Thalayolaparambu 26 7. Timber Local 5 8. Bricks Aluva 65 9. Kayal Clay Local 3 10. M sand Thiruvalla 56 11. Interlocking Tiles Ernakulam 58 12. Sand Local 5
N.B: The details noted herein are only approximate and the tenderers shall verify the leads and quality and quantity of materials available before tendering. Any plea put forward later on for enhancement of rate on grounds or inadequacy of the materials available on for other reasons in the lead etc. will not be considered.
FORM OF SCHEDULE
Sl. Description of Unit of Rate of Supply or Place of departmental No. item. Calculation delivery. Delivery
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DECLARATION
I do hereby distinctly and expressly declare and acknowledge that I have read the conditions as stipulated in the standard forms No. 83 and 84 with the relevant modifications effected under clause 9 3 24 of form. No. 83 and Clause 14 of Form. No. 84 and I do hereby admit that these conditions are binding on me and I shall abide by the terms and conditions as stipulated therein in respect of the work.
I am enclosing preliminary agreement form in stamp paper 100/
Place: Signature:
Date: Name of Bidder :
Address:
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TENDER AND BIDDERS CERTIFICATE
I hereby declare that I have perused in detail and examined closely the Madras Detailed Standard Specification, Kerala Standard Specifications, all Clauses of the standard preliminary specification before I submit the tender/ bid and I agree to be bound by and comply with all such specifications except clause 73 and other clauses relating to arbitrations contained therein. The guarantee period of 36 months as per G.O. (MS) No. 98/02/PWD dated 21/11/1992 is noted by me for this work,
Place: Signature:
Date: Name of Bidder :
SPECIAL CONDITIONS FOR PURCHASING
In respect of each work the Irrigation department officer concerned who passes the bill will determine the total cost of purchased items utilized in the work and issue a certificate regarding the above amount to the assessing authority concerned. Six point four eight percentages (6.48%) of the value of the purchasable items except departmental materials will be retained by the Irrigation department officers when the bill for the work is passes for payment and the amount so retained will be credited to the Sales Tax Department.
In assessing the tax liability, the percentage, will be worked out with reference to the Bidders value of the work whether it is below or above the estimate amount, purchase tax will be leviable as per sections 2 (2) of the Kerala Finance Act. 1991 as modified periodically.
Contractor Superintending Engineer, Kuttanad Development Circle, Kottayam.
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CONTENTS
1. Prequalification documents a. Prequalification and tender application b. Structure and organization Schedule A c. Financial statements Schedule B d. Personnel details of the applicant Schedule C e. Plant and Equipment Schedule D f. Experiences Schedule E g. Additional information Schedule F h. Drawings Schedule G 2. Tender Schedule a. Tender schedule b. Drawings c. Preliminary agreement d. Form no.83 e. Form no. 84 f. Special conditions
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Part 1
Prequalification documents
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KERALA IRRIGATION DEPARTMENT
PRE-QUALIFICATION TENDER DOCUMENT (e-GP) ANNEXURE E
Name of Work: Modernization of Thanneermukkom Bund to manage salinity and minimize ecological decay – Construction of central portion of Thanneermukkom barrage (3rd stage works).
1.0 INTRODUCTION Bids for Prequalification or contract are invited for a project which includes the construction of regulated cum bridge, Road, Power room and mechanical works. The details of contract together with their estimates costs are given in section 4 hereunder. General Bidders booked up by the specialist sub- contractors or alternatively Joint ventures of consortia, who wish to bid for the work, should apply for Pre- qualification in the manner set out in this document.
2.0 EMPLOYER Smt. C. K. Radhamani.
3.0 ADDRESS Chief Engineer, Kuttanad Package Irrigation Department, (for and on behalf of the Governor of Kerala) Alappuzha 688 009 Telephone: 0477-226 7122 3.1 SUPERINTENDING ENGINEER The Superintending Engineer Kuttanad Development Circle,PWD Rest House Compound,Kottayam-686001, Kerala. Telephone/Fax :0481-2568137 E mail : [email protected] 3.2 EXECUTIVE ENGINEER The Executive Engineer Kuttanad Development Division, Thanneermukkom.
The Project Contract includes the following principal items of work approximately
Description Approximate quantity Remarks 1. Earth work (m3) 90070 2. Boring (m) 35936 3. Sand (m3) 6147 4. Reinforced Cement concrete (M30) (m3) 30620 5. Cement concrete 1:4:8 (m3) 576
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6. Reinforced Cement concrete (M20) (m3) 10048 7. Reinforced Cement concrete M25 (m3) 8174 8. Reinforcement (Qtl) 62614 9. 10. 11.
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specifically indicated, within the conceptual frame work. However, they will also have to submit a complete quotation on the basis of the official design. 8.2 All designs and works will confirm to the Indian standards or other equivalent standards mentioned in the contract documents approved by the Engineer. 8.3 The Law governing the contract will be the Indian Law.
9.0 Instructions to bidders. 9.1 A Bidder may be prequalified up to the limit of his prequalified capacity. 9.2 Prequalification questionnaire completed in all respects shall be submitted on or before 09.12.2013 Superintending Engineer, Kuttanad Development Circle, Kottayam to the Superintending Engineer. 9.3 No costs incurred by Bidders in making this offer, in providing clarification, on attending discussions, conferences or site visits will be reimbursed by the Employer or the Engineer. 9.4 Incomplete offers are liable to be rejected. 9.5 The language for submission of bid should be English / Malayalam. 9.6 Deleted. 9.7 (a) Security Deposit at the rate of 10% of quoted P.A.C will be insisted at the time of executing the agreement. (b) G.O. No. 84/97/PWD dtd. TVM 19-8-97 will be applicable in this tender also and the same will be made available to the contractor. 9.8 The enclosed schedules should be filled in completely and all questions should be answered. If any particulars/query is not relevant, it should be stated 9.9 If the offer is submitted by a Bidder backed up by specialized sub-contractors, the Bidder and each of the sub-contractors should fill in all the schedules completely. The main bidder should be clearly identified and the extent of responsibility of each of the sub-contractors should be defined. 9.10 Financial data, project costs, value of works etc. should be given in equivalent Indian Rupees only. 9.11 For any clarification, the Superintending Engineer, Kuttanad Development Circle, Kottayam may be contacted (by appointment). 9.12 If the application is made by a firm in partnership, it should be signed by all the partners of the firm, above their full name and current address, or by a partner holding power of attorney for the firm by signing the application in which case a certified copy of the power of attorney shall accompany the application, A certified copy of the partnership deed, current
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address of the firm and the full names and current addresses of all the partners of the firm shall also accompany the application. 9.13 If the application is made by a limited company or a Ltd, Corporation, it shall be signed by duly authorized person holding the Power of Attorney* for signing the application in which cases certified copy of the power of attorney shall accompany the application. Such Ltd. Company or Corporation will be required to furnish satisfactory evidence of its existences before the contract is awarded (*for signing the application in which case a certified copy of the power of attorney). 9.14 If the application is made by a group of firms, it shall be accompanied by a legal document signed by all parties to joint venture / consortium confirming therein a clear and definite manner the proposed administrative arrangements for the management and execution of the contract, the delineation of duties, responsibilities and scope of work to be under taken by each such party, the authorized representative of the joint venture. and an undertaking that the several parties of jointly and severally liable to the Employer for the performance of the contract together with the details of experience and past performance of each of the parties to the joint venture on works at a similar nature within the past five years, current works on hand and other contractual commitments. 9.15 To be eligible for award of contract, bidders shall provide evidence satisfactory to the Employer, notwithstanding any previously conducted prequalification of potential bidders, of their capability and adequacy of resources affectively to carry out the subject contract. To this end all bids submitted shall include the following information (a) Copies of original documents defining the constitution of legal status, place of registration and principal place of business of the company of firm or partnership or, if a joint venture of each party there to constituting the Bidder. (b) Where the Bidder is a joint venture of two or more firms a statement signed by all parties to the joint venture of the proposed Administrative arrangements for the management and execution of the contract, the duties, responsibilities, and scope of works to be undertaken by each party, the authorized representative of the joint venture, and an undertaking that the several parties are jointly and severally liable to the Employer for the performance of the contract. (c) Details of the experience and past performance of the Bidder (or of each party to a joint venture) on works of similar nature within the past five years, and details of current work in hand and other contractual commitments.
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(d) Major items of construction equipment proposed for use in carrying out the contract in the format prescribed in schedule-D (e) The Name, qualification and experience of key personnel proposed for administration and execution of the contract, both on and off site in the format prescribed in schedule-C (f) Proposals for sub- contracting elements of the works amounting to more than 10 % of the tender amount for each element and as listed in Schedule-E
(g) Reports on the financial standing of the Bidder (or of such party to a Joint Venture) including profit and loss statements, balance sheets and audit report for the past five years, an estimated financial projection for the next two years and an authority from the Bidder (or authorized representative of a joint venture) to seek references from the Bidder bankers and (h) Information regarding any current litigation in which the Bidder is involved
9.16 The information furnished must be sufficient to show that the applicant (along with all parties to consortium/joint venture) is capable in all respects to successfully complete the envisaged contract works strictly on the basis of the applicant (along with all parties to the consortium/joint venture) having already carried out satisfactorily work of similar size, nature and complexity. The s attention is explicitly drawn to the fact that even after pre-qualification of potential bidders has already been carried out all tenders shall include a statement of the changes that may have occurred single prequalification with particular reference to the various items listed above and that further, contract work shall be awarded to the successful Bidder only on the basis of a careful scrutiny of all the above information furnished by the applicant. 9.17 The applicant is expected to have visited at the project site before submitting Pre- qualification bid. 9.18 While submitting the schedule dully filled up the applicant shall enclose latest copies of brochures and technical documentation giving mere information about the firm and all the members of the consortium / joint venture. 9.19 The Employer/ Engineer reserves the right to reject any or all prequalification applications without assigning any reason and the Em s decision shall be final and binding.
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10.0 Prequalification Questionnaire
10.1 Details of Contractors Registration
Name of Contractors /Firm Authority Designation Class of Valid Up Address, Phone No (Mobile & of Registering Registrati to Land Line), E-mail ID Authority on
Attach copy of Registration & validity documents
10.2 Current Liquid Asset of the Contractor --- Whether attached copy of certificate from Auditor/
Chartered Accountant (Tick whichever is YES / NO applicable)
10.3 Bank Loan Amount ------Whether attached copy of certificate from Bank regarding credit facility (Tick whichever is applicable) YES / NO 10.4 Financial Status
AVERAGE ANNUAL TURNOVER FOR THE LAST FIVE YEARS YEAR Turnover (Rs) (2013-2014 Tentative ) 2012-2013 2011-2012 2010-2011 2009-2010 2008-2009 Average turnover per year
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Attach copy of audited Balance sheet, Profit & Loss Account and Asset Liability statement for all the above 5 years certified by Auditor/ Chartered Accountant.
10.5 Copy of current Income tax Clearance Certificate : YES / NO
10.6 Copy of current Sales tax Clearance Certificate YES / NO
10.7 Details of ongoing works undertaken by the contractor (Work in hand including all quoted and found lowest)
Name of work Agreed PAC Agreement Time of Present Proposed authority & completion progress Date of Date of as per in completion Agreement/ Agreement percentag Tender / Tender e
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PRE- QUALIFICATION APPLICATION
Contract No : E 08/PQ/SE/KDC/KTM/2013-14
Description of works : Modernization of Thanneermukkom Bund to manage salinity and minimize ecological decay – Construction of central portion of Thanneermukkom barrage (3rd stage works).
To The Superintending Engineer Kuttanad Development Circle, Kottayam, Kerala
Dear Sir, Having examined the pre-qualification documents including scope of works and time frame of construction, I / We hereby submit all the necessary information and relevant documents for prequalification me / us for bidding for the above mentioned work. The application is made by me on behalf of group of firms) in the capacity of . duly authorised to submit the offer.
The necessary evidence, admissible in law in respect of authority assigned to me / us on behalf of the group of firms for applying and for completion of the contract documents is attached herewith.
I / We understand that Engineer / Employer reserve the right to reject any applications without assigning any reason.
Name of Bidder:
(Name including titled
capacity in which
application is made) Place: Date: Encl: 1. Schedule duly filled in the prescribed form. 2. Evidence of authority to sign. 3. Latest brochures.
.
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SCHEDULE A STRUCTURE AND ORGANISATION
1. Name of Contractor or company who is major partner and is leading the Joint : Venture/Consortium. Address :
Telephone : Fax : e-mail : 2. Description of company (for Eg. General, : Civil Engineering, Contractor, Supplier of equipments etc.) 3. Registration and classification with the : Not mandatory PWD/WRD in India 4. Name and address of the bankers :
5. Number of years of experience as a General : Contractor 1. In own country : 2. International : 6. Number of years of experience as sub- : contractor 7. Name and address of partners or associated : companies to be involved in the project and whether parent/subsidiary/other
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8. Name and address of the companies who will be involved in the construction of various items of civil works, namely a. Pre-construction soil investigation : b. Earth work : c. Flexible pavement involving items such as granular, sub-base wet mix macadam; water bound macadam, dense bituminous macadam asphaltic concrete, open graded premix carpet, mix seal surfacing etc. : d. Minor bridges/culverts with Protection works : e. Supply and installation of Roads signs pavement markings : f. Miscellaneous works : 9. Name and address of companies who will be involved in a. Supply and installation of signal system if any, : b. Electrical installation etc. : 10. Attach and organization chart showing the structure of the company including names and position of Directors and key personals :
Note: Particulars of 2, 3, 4, 5, 6, 7, 8, 9 & 10 above should be separately for each partner of joint venture /Consortium.
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SCHEDULE B FINANCIAL STATEMENT (To be given separately for each partner of joint venture/consortium).
1. Name of Contractor/firm (partner in case of joint venture/consortium) : 2. Capital a. Authorized : b. Issued and paid up :
3. Attach audited balance sheets and profit and loss statement for the past five years. :
4. Financial position a. Cash : b. Current assets : c. Current liabilities : d. Working capital : e. Net worth : 5. Total liabilities a. Current ratio (current assets to current : liabilities) b. Acid test ratio: (cash, temporary investment held in lieu of cash and current receivable to : current liabilities) : c. Total liability to net worth.
6. Annual value of construction works, undertaken for each of the last five years and projected for current year.
Current One year Two years Three years Four years Five years year before before before before before Home
Abroad
Total
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7. Net profit before tax a. Current period : b. During the last financial year : c. During each of the five previous financial years : i. Two year before : ii. Three year before : iii. Four year before : iv. Five year before :
T
8. A financial arrangements for the proposed works (Exact amount in rupees to be mentioned) a. Own resources : b. Bank credits : c. Others (specify) :
9. Certificate of financial soundness from bankers of applicant together with their full addresses : 10. Approximate value of works in hand (Details of work in hand with % progress achieved and amount of balance work to be completed shall : be furnished) 11. Value of anticipated orders for next financial year : a. Home : b. Abroad
Note: Details of item 10 and 11 are to be given in Schedule E (Experience). All amounts should be shown in Indian Rupees.
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SCHEDULE C
PERSONNEL
CONTRACT DETAILS OF PERSONNEL WITH THE APPLICANT Name of applicant:
DESIGNATION Nos. Name & Qualification Experience Whether in Required Address applicant's pay roll 1. Project Manager
2. Works Manager (Main Civil
Works)
3. No. of Engineering Graduates
a. Design
b. Construction supervision
4. No. of Administrative
Graduates
5. No. of skilled employees
6. No. of unskilled employees
1. Please indicate whether design, wherever required as per conditions of Bid, will be carried out in house or with the help of consultants. If in house, please indicate the details of designs carried out over the past few years. If to be done by back-up consultants, please give the data such as name of company, key personnel and professional qualifications, present position, total experience, number of Engineering staff under each category of specialization and details of work executed. 2. For items of Sl. No. 1 to 6, data are necessary for each partner of Joint Venture/consortium. In the case of personnel at Sl.No.1 and 2 please give name, qualification, present position, professional experience and linguistic ability relevant to the project.
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SCHEDULE: D CONTRACT PLANT AND EQUIPMENT PROPOSED TO BE EMPLOYED BY THE APPLICANT FOR USE ON THE WORK Name of Applicant:
Name of Equipment Requirement Equipment in hand Equipment to be procured No of units Kind of Capacity No Age & Present Name of No Capacity required for make Condition location owner the project 1 2 3 4 5 6 7 8 9 10 1. Hydraulic Pile driver 2 2. Pile boring Machine 5 3. Back Hoe Excavator (JCB) 4 4. Taurus Tipper 3 5. Concrete Pump 2 6. Batching Plant 1 7. Boat 2 8. Country Boat 2 9. Transit Mixers 3 10. Front end loader 2 11. Excavator 2 12. 30 T Barge 2 13. Generator 62.5 (KVA) 3 14. Needle Vibrator 6 15. Crane (Hydra) 1 16. Vibro hammer 1 17. Pump set for bailing out water 10Hp or more 5 18. Small Pile driver for sand pile driving 5
Describe the fabrication and workshop facilities (a) to be set up a site (b) to be sub contracted (c) to be set up any other place with relevant details.
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SCHEDULE - E1 CONTRACT: COMPANY / INDIVIDUAL: Experience: Geographical (to be given separately for each partner of joint venture /consortium / individual) Summary of experience of company in the neighborhood project and / or neighboring states. SCHEDULE - E2 (Contd..) EXPERIENCE
Contract Experience in Relevant Projects Company (To be given separately for each partner of joint venture completed /consortium) Employer Name, Location & Type Name of Engineer Contract Price Percentage of Was contract of Contract responsible for & Date (Rs. Lakhs) Participation of satisfactorily complete Supervision company in project including time provision
Please fill information about the relevant projects completed over the last six years
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SCHEDULE E3 (Contd..)
Contract:
Company:
Experience : All projects in progress (To be given separately for each partner of Joint Venture / Consortium)
Employer Name, Name of Contract Percentage of Value of Percentage Scheduled Location Engineer Price & Date Participation of Work Completed of Partial date of & Type of responsible for (Rs. company in project & Certified Completion completion Contract Supervision Lakhs)
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SCHEDULE F CONTRACT ADDITIONAL INFORMATION (The applicant can add here any further information relevant to the valuation of their Pre- qualification bid)
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Part 2 Tender documents
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KERALA
IRRIGATION DEPARTMENT
G.W.D.
Form No. 83
e-Government Procurement (e-GP)
NOTICE INVITING TENDERS FOR WORKS
Name of work: Modernization of Thanneermukkom Bund to manage salinity and minimize ecological decay – Construction of central portion of Thanneermukkom barrage (3rd stage works).
-
Locality: Thanneermukkom,Alappuzha District.
Last date of tenderonline: 09.12.2013 6PM
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KERALA IRRIGATION DEPARTMENT NOTICE INVITING TENDERS FOR WORKS Form No. 83
1. (a) Online tenders are invited for and on behalf of the 3. All works shall be done in conformity with the specifications Governor of Kerala only from registered Class A... and conditions of contract in force in the P. W. D. In case of schedule Contractors approved by Irrigation Department for the rate contract, bidders must quote their own rates specifically for work Modernization of Thanneermukkom Bund to each item without reference to the departmental estimates or' the manage salinity and minimize ecological decay current schedule of rates and for percentage rate contract only a Construction of central portion of Thanneermukkom single rate as an overall percentage above or below or at the rate barrage (3rd stage works). given in the schedule by a single entry at the bottom of the schedule under, the head quoted rate may be made. The rates quoted shall be inclusive ones; covering all the operations contemplated in the specifications and tender schedules and all incidental work necessary (b) The tender document(s), may be downloaded free of cost for such operations such as shoring, bailing out work, scaffolding, etc. The rates quoted shall be inclusive of all taxes applicable. from the e-Government Procurement (e-GP) website (www.etenders.kerala.gov.in). No payment is required for a when tenders are delivered based on Contractor downloading the tender documents from the above alternative designs, such tenders should be accompanied by website however a bid submission fee, as mentioned a schedule of quantities of materials to be used for each below in this document, is required to be submitted along item of work with complete detailed specifications and data. with the online bid. In such cases, the benefit of any savings in the quantities of materials actually used up under each item of work during (c) Only those bidders having a valid and active registration, execution will accrue to the department. on the date of bid submission, shall submit bids online on the e-GP website. All bids shall be submitted online on the b. The percentage rate accepted and specified in the e-GP website only in the relevant envelope(s)/ cover(s), as agreement shall not be varied on any account whatsoever. per the type of tender. No manual submission of bids shall c. The Contractor who quotes unjustified low rates will remit be entertained for the tenders published through e-GP performance guarantee with a view to curb the tendency to system under any circumstances. quote low rates and execute the work unsatisfactorily.
(d) The e-GP system shall not allow submission of bids online i. If the quoted rate for a work is below 50%, it will be after the stipulated date & time. The bidder is advised to rejected. submit the bids well before the stipulated date & time to ii. If the rate quoted by the contractor is between 20% below avoid any kind of network issues, traffic congestion, etc. In estimate amount and 50% below estimate amount (the this regard, the department shall not be responsible for quoted rate being x% below estimate amount), the any kind of such issues faced by bidder. Contractor will remit performance guarantee for an amount equal to (x-20)% of the estimate amount. This will be (e) Ineligible bidders or bidders who do not posses valid & released after satisfactory completion of the work. active registration, on the date of bid submission, are strictly advised to refrain themselves from participating in iii. No interest, in any circumstances, shall be payable by the this tender. If such instances are noticed, the same shall department to the bidder for the EMD/ security deposit/ performance guarantee furnished. b such bidder shall be blacklisted as per departmental rules (As per G.O. (P) no. 84/97 PW&T dated 19.08.1997 and G.O. in force. (P) no. 68/99/PWD dated 14.07.1999, G.O. (P) no. 95/2004 PWD dated 01.10.2004 and Govt. letter no. 3157/P2/98/IRD (f) The bidders, who submit their bids for this tender after dated 21.10.1999) digitally signing using their Digital Signature Certificate (DSC), accept that they have clearly understood and 4. T D “ agreed the terms and conditions including the Form/ Certificate shall be submitted online on e-GP website Annexures of this tender. www.etenders.kerala.gov.in on or before 9/12/2013 6pm. The bids will be opened online at the office of the tender inviting (g) Mention of price details at any place other than the authority on 13.12.2013 11AM by the Superintending Engineer, designated place, shall disqualify the bid and the bid shall Kuttanad Development Circle, Kottayam, Kerala, in the be summarily rejected. presence of those bidders or their authorised agents who wish to be present. In case if it is not possible to open the tenders on the 2. The items and sub-heads of works to be done are specified date due to any valid reason the revised time and date of enumerated in the subjoined schedule. Unless otherwise specified, opening of tenders will be published on e-GP website. The bidders the tender must be for the whole or any individual work and part shall check the e-GP website regularly for such updates. tenders are liable to rejection. A Contractor may tender for more than one work with the earnest money deposit specified in each The total amount of each tender will be read out. There is no case, but shall not tender for any part of a work only, unless provision for correction of bids once submitted online. However, specifically so required. multiple bids can be submitted by the bidder, in case of corrections, till the last date & time of bid submission and the most recent/ latest
Superintending Engineer Contractor Page 31 «Office» (for and on behalf of the Governor of Kerala) bid submitted before the stipulated date & time of bid submission All bids received without the scanned copy of certificates shall only be considered by e-GP for further processing. Details of mentioned at point 6 & 7 above will be summarily rejected. individual rates will be treated as confidential and will not be read out. Each online tender/ bid should be accompanied by a scanned 8. The bidder shall examine closely the Madras Detailed Standard Specifications, and also the standard preliminary E M D EMD ‘ specifications contained therein which is available for viewing on (Designation & Address of Tendering Authority). The earnest money the e-GP website and PWD Website before submitting his tender. He may be produced in one or other of the following forms:- shall also carefully study the drawings and additional specifications and all the documents which form part of the agreement to be entered in to by the accepted bidder. The documents connected with (a) Chalan receipt from a Government Treasury. The chalan will the contract such as specifications, plans descriptive specification be countersigned by an authorised departmental Officer in the sheet regarding materials etc., can also be seen during the office office of the tendering authority. days & hours in the Office of the Superintending Engineer/ Executive E A E C (b) Draft on a Scheduled Bank payable to the officer who has D “ invited tenders 9. The tenderer's attention is directed to the requirements for (c) Deposit-at-call on a Scheduled Bank assigned in the favour of materials under the clause "Materials and Workmanship" in the the Government of Kerala. "Preliminary Specification". Materials conforming to the Indian [Decision of Govt. of Kerala in this regard from time to Standard Specification shall be used on the work, and the tenderer time will prevail. The bidders are requested to see the shall quote his rate accordingly. website for updates before uploading the document] 10. Every tenderer is expected before quoting his rates, to inspect the site of the proposed work. He should also inspect the (ii) The bid submission fee for Rs.52500/- (including VAT) and EMD quarries and satisfy himself about the quality and availability of for Rs. 4.53 crores /- shall be submitted by online only. The bid materials and satisfy himself the available space for dumping excess submission fee is not refundable under any circumstances. (refer earth if any. The names of quarries, kilns, etc. where-from certain GO (MS) 13/2013/ITD date 09.05.2013). materials are to be obtained in quality and sufficient quantity from (iii) The proof for bid submission fee and the EMD/ bid security shall the source defined will be given in the Descriptive Specification be sent in single envelope to the Tender Inviting Authority by Sheet. The best class of materials to be obtained from the quarries or post/ courier or in person. Also, in this envelope, the bidder shall other sources defined shall be used on the work. In every case, the mandatorily enclose the original Preliminary Agreement, a copy materials must comply with the relevant standard specification. of valid and active Registration Certificate duly attested by a Samples of materials as called for in the standard specification or in gazetted officer of Irrigation/ PWD Department, Kerala. The this tender notice, or as required by the Executive Engineer in any envelope, containing the original Preliminary Agreement, proof case, shall be submitted for the Executive Engineer's approval before for bid submission fee & EMD/ bid security and the attested the supply to site of work is begun. If the Contractor after copy of valid and active Registration Certificate, should reach the examination of the source of materials defined in the Descriptive tender inviting authority on or before the date & time fixed for Specification Sheet, is of opinion that materials complying with submitting the same, failing which, the bid is liable to be standard or other specifications of the contract cannot be obtained rejected. The department shall not be responsible for any in quality or sufficient quantity from the source defined in the postal/ courier service delay or any other delay. Descriptive Specification Sheet, he shall so state clearly in his tender and state wherefrom he intends to obtain the materials subject to Bidders, who have secured exemption from individual EMD the approval of the Executive Engineer. The Government will not, payments, need not do this except when special Earnest money is however after acceptance of a contract rate, pay any extra charges asked to be deposited. Such EMD exemption certificate/ document for lead or for any other reasons, in case the Contractor is found needs to be scanned and submitted online along with the bid, failing later on to have misjudged the materials available. Also the which, the bid shall be rejected summarily. The original EMD Contractor should ensure the availability of dumping space for exemption document may have to be produced, if required, failing dumping the excess cut spoil if any before quoting his rates in the which, the bid shall be rejected summarily. tender. Attention of the Contractor is directed to the Standard "Preliminary Specification" excluding clause 73 and other clauses 5. Selected Contractor will be required to produce Income Tax, relating to arbitration therein regarding payment of seigniorage, tolls Agricultural Income Tax and Sales-Tax / VAT clearance certificates etc. before final payment is made for the work, and before security deposits released. Note: The department does not undertake to construct or make available any approach road or other means of approach to 6. The bidder must attach the scanned copies of solvency the proposed work site and the tenderer shall get acquainted certificates clearly indicating to what extent they are solvent from with the available means of approaches to the proposed site the Tahsildar of the Taluk where they reside along with their online and quote for the various items. The department shall not be tenders. The bidder shall produce the original copies of the above liable for any claim raised later on the plea of non-availability solvency certificates, in physical format, if required by the or no-access to the site. department for verification. 10 (A). The Contractor will examine the site condition and 7. The bidder must attach the scanned copy of the recent satisfy themselves of the availability of materials at nearby places, return statement filed by the bidder before the appropriate Income difficulties which may arise during execution etc., before submitting tax authority along with their online tenders. The bidder shall tender for the work. produce the necessary income tax documents, if required by the department for verification. (As per G.O. (P) no. 84/97 PW&T dated 19.08.1997 and G.O. (P) no. 68/99/PWD dated 14.07.1999 and Govt. letter no. 3157/P2/98/IRD In the case of proprietary or partnership firm it will be dated 21.10.1999) necessary to produce the certificate aforementioned for the proprietor or proprietors and for each of the partners as the case 11. The Tenderer's particular attention is drawn to the Sections may be. and Clauses in the Standard "Preliminary Specification" dealing with:-
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1. Test, inspection and rejection of defective materials and 16. Schedule of quantities, specifications of work to be done work. and conditions of contract to be entered into can be seen on the e- 2. Carriage. GP web site. It shall be definitely understood that the Government 3. Construction Plant. does not accept any responsibility for the correctness or 4. Water and Lighting. completeness of the schedule that the schedule is liable to alteration 5. Cleaning up during progress and for delivery. by omissions, deductions or additions at the discretion of the 6. Accidents. competent departmental officer or as set forth in the conditions/of 7. Delays. contract. The bidder will however base this tender amount in the 8. Particulars of payment. case of lump sum tender on the basis of those quantities, etc.
The Contractor should closely peruse all the specification 17. Tender forms and general specifications can be clauses, which govern the rates, which he is tendering. downloaded free of cost from the e-GP website. Tenders not submitted in such prescribed online format or submitted incomplete 12. In consideration of the tenderer being allowed to quote for in any respect whatever such as unattested errors and corrections in the work, he should keep the tender firm for a period of 4 months rates, quantities, units or amounts (figures not expressed in words), from the date of opening the tender during which period or till the totals of contract not entered, etc, shall be summarily rejected. tenders are decided whichever is earlier, he will not be free to withdraw the tender. Any such withdrawal will entail forfeiture of 18. The Earnest Money Deposit of the unsuccessful tenderers the earnest money deposited for the work. will be refunded immediately after tabulating the tenders, keeping only the earnest money of the first 3 lowest tenders. Due to departmental or administrative reasons it is found The EMD of the remaining unsuccessful tenderers will also be necessary to keep tender open for a further period, prior consent of refunded within a week from the date of acceptance of the tender. the tenderer shall be obtained in writing for every further period of one month. 19. Solicitors' fee, if any, to be paid to the Law Officers of Government for scrutinising or drawing up of agreements will be 13. Deleted and substituted as follows (G.O. (MS) 150/86/PW&T paid and the same recovered from the successful tenderer. dated 11.11.86) Before commencing work or within a week after the date 20. In case of any additional remarks the bidders must when the acceptance of tender has been intimated to him, the attach/upload a pdf file along with online financial bid. If they are tenderer shall deposit a sum, which together with the Earnest prepared to carry out at their tendered rates such portion or Money Deposit shall make up 10% (ten) of the probable value of portions of the work as may finally be allotted to them by the Officer contract, and shall be treated as security for the proper fulfillment deciding tenders. of the same and the tenderer shall execute an agreement for the Note:- The department reserves the right to allot such portion work in the P. W. D. schedule form. If he fails to do this or in the of the work included in the tender at the rates quoted by case of P. W. D. contract fails to maintain a specified rate of the tenderer in the absence of specific noting by the progress (to be specified in each case in the tender schedule) the tenderer to the contrary against clause 4 on page 5 of earnest money and security deposit shall be forfeited to tender (G.W.D. form 84). Such allotment shall not vitiate Government and fresh tenders shall be called for or the matter the acceptance and the tender shall indemnify otherwise disposed off. If as a result of such measures due to the Government against any loss to Government, due to default of the tenderer to pay the requisite deposit, sign contract or failure on the part of the tenderer to carry out such take possession of the work, any loss to Government results, the portion of the work allotted to him at the rates quoted by same will be recovered from him as arrears of Revenue, but should him. it be a savings to Government, the original Contractor shall have no claim whatever to the difference. Recoveries on this or any other 20. (A). The successful tenderer will have to carry out 25 account will be made from the sum that may be due to the percentage more of the estimated quantity of every item at his Contractor on this or any other subsisting contracts or under the quoted rates. Revenue Recovery Act, or otherwise the as Government may The Contractor is bound to carry out sinking of wells for an decide. increased depth up to 10 meter (ten meter) beyond the Note;- The security deposit for the work should be made with the estimated design depth and rate for which shall be paid as Treasury Savings Bank account, the pass book of the Treasury per schedule of rate and extra item conditions. In case of Savings Bank account should be pledged in favour of the pile foundations, precast or cast in situ, the same Superintending Engineer/Director and produced while conditions as above shall apply. executing agreement. Investment in Treasury Savings Bank/ Kerala Bhadrata or National Savings Certificate or Post Office Time Deposit or Kissan Vikas Patra will alone be treated as 21. Any further information necessary can be obtained at the acceptable form of security Office of the undersigned on all working days during office hours. The work should be completed in all respects in 920 days from 14. The acceptance of the tender rests with the Superintending the date of order to start the work is issued and in any case not later Engineer, Kuttanad Development Circle, Kottayam, who does not undertake to accept the lowest or any particular tender. 22. Substitution 15. The right to carry out the work either in conformity with Execution of agreement for works will be made within the time or in a manner entirely different from the terms of this invitation limit prescribed as follows:- that may be considered most suitable before or subsequent to the receipt of tenders due to exigencies of work, is reserved with the a) The time allowed for executing Agreement without fine Department. will be 20 days (Twenty days) from the date of Registration of the communications (Selection Notice) in the post office.
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b) Further time of 10 days shall be allowed to execute (ii) In the case of extra items whether altered or substituted, agreement by realizing a fine of 1% of Agreed PAC subject for which similar items exists in the contract, the rates to a minimum of 1000 and maximum of 50000). shall be derived from the original item by appropriate c) Tenders will be rejected if agreement is not executed adjustment of cost of affected components. The within 30 days and work will be awarded to the next percentage excess or deduction of the contract rate the lowest tenderer as per rules. original item with reference to the departmental d) The Contractor will take over charge of the site within 10 estimated rate shall be applied in deriving the rates for days after executing agreement and commence the work. such items.
(iii) In the case of extra items, whether altered or substituted 23. Payment on lamp sum basis or by final measurement at unit and for which similar items do not exist in the contract prices. and rates exists in the schedule of rates, the rates shall be arrived at on the basis of the departmental data rate (a) Final measurements need not be taken unless either the current at on the time of ordering the extra item, after Contractor or the Executive Engineer claims extras to, or deductions applying the tender deduction except on cost of from, the quantities of Schedule A. departmental material. Tender excess, if any, will not be (b) In case final measurements are claimed, they shall be taken applied. only for those items for which either the Contractor or the Executive (iv) In the case of additional items, the rates shall be arrived Engineer claims final measurements and the quantities of the at on the basis of the departmental data rates current at remaining items in Schedule A shall be accepted as correct. The lump the time of ordering the extra item or the date of sum amount mentioned in the agreement will then be varied by commencement of the extra item, whichever is earlier, addition there to or deducting there from as the case may be the after applying the tender deduction except, on the cost of difference (if any), between the amounts mentioned in Schedule A departmental material. Tender excess, if any, will not be for such items and the amounts arrived at by calculation at contract applied. rates based on the revised quantities for the same, obtained by the final measurements aforesaid. (v) In the case of extra items whether additional altered or substituted, for which the rates cannot be derived from Amendment: When payment on earth work exceeding 300 M3 similar items in the contract, and only partly from the are made based on the tape measurements, the bidder shall departmental schedule of rates the rates for such part or give a declaration in writing to the effect that he agree for the parts of items as are not covered in the schedule of rates recovery of the over payment, if any, from the next bill. shall be determined by the Engineer on the basis of the prevailing market rates giving due consideration to the (c) It shall be accepted as a condition of the contract that the analysis of the rate furnished by the bidder with payment of the final bill to the Contractor less the withheld amount supporting documents, including bidder's profit. This shall and his acceptance thereof shall constitute a full and absolute be added on to the departmental rate (including bidder's release of Government from all further claims by the Contractor profit) current at the time of ordering or executing the under the contract. extra item, whichever is earlier for the other part the item for which rates can be derived from the schedule of rates. (d) Payment for additions and deductions for omissions. No authorised variation shall vitiate the contract, but additions and (vi) In the case of extra item whether additional, altered or omissions shall be measured up and dealt with in accordance with substituted, for with the rates cannot be derived either Clause 23 (b). from similar item of work in the contract or from the departmental schedule of rates, the bidder shall within 14 (e). Items of work not expressly or impliedly described in the days of the receipt of the order to carry out the said extra T item of work. Communicate to the Engineer the rate include only items of works which though highly necessary for the which he proposes to claim for the item, supported by proper execution of the work and for its completion, were not analysis of the rate claimed and the department shall provided for in the original contract. within one month thereafter determine the rate on the basis of the market rate giving consideration to the rate 1. The execution of an extra item of work and payment claimed by the bidder. therefore will be based on the following conditions. (vii) In the case of percentage rate contract, the rate for extra (i). There shall be an order in writing to execute extra item item shall be arrived at by applying the percentage excess of work duly signed by an Engineer not below the rank or deduction to the departmental data rate as per the of Assistant Engineer before its commencement. original schedule on which the tenders were invited. (ii). If the Contractor, finds, after examining the 4. Wherever D specifications and plans that extras are involved, he shall mean the rate derived from the departmental schedule of should give notice to the Engineer to this effect and rates and shall include conveyance charges and Contractor shall proceed with the execution of the extra item, only profit. after receiving instructions in writing from the Engineer. (f). In cases in which the Contractor has executed extra 2. Extra items may be classified as additional substituted or items not contemplated in the agreement but the rates of altered items, depending on their relation or otherwise to the which require sanction of higher authorities, the Division original item or items of work. officer may in such case sanction advance up to an amount 3. The rates for extra items shall be worked out as below. not exceeding 75% of the amount for the items at the rate worked out and certified by the Sub Division Officer. The (i) In the case of all extra items whether additional altered or Assistant Engineer shall in all such cases promptly record all substituted, if accepted rates for identical items provided authorized extra items executed by the Contractor including for in the contract such rates shall be applicable. detailed measurements and quantities thereof in the measurement book. He shall neither enter any rate for the
Superintending Engineer Contractor Page 34 «Office» (for and on behalf of the Governor of Kerala)
same in the measurement book nor include such extra items in the body of the bill. When the bill is received in the sub 29. Any other materials available in Departmental stores if division, the sub division officer shall prepare a separate issued to the Contractor will be recovered at book value or issue rate statement for those extra items showing the items plus 20% supervision charges or market value or data rate whichever executed, quantity of each item, rate for each item worked is higher. The fixing of market rate will be governed as per clause 33. out by him based on the agreement conditions and amount for each item in the basis of the rate worked out by him. He 30. The Contractor will be exempted from payment of shall also furnish a certificate to the effect that he has seigniorage for rubble and metal quarried from P.W.D. quarries personally examined all the extra items and they are exclusively for P. W. D. work. If the P. W. D. quarries are not situated bonafide, the amount payable to these items will not be less within a convenient distance from the site of the work, the than the rate arrived at as per rules and that there is no Contractor's quoted rates shall he inclusive of seigniorage, ground objection in paying 75% of this amount as secured advance. rent etc., that may be payable to the owners of private quarries. On receipt of the bill with the above statement and 31. In making payment the total amount of the bill will be certificate, the division officer may make payment not rounded off correct to the nearest Rupee. exceeding the amount recommended by the Sub division officer as a lump sum secured for the work done but not 32 (a) When power rollers (which term includes steam and billed for. Diesel Rollers), are hired out to Contractors, hire charges for the rollers (which include cost of lubricating oils, grease, small stores and 23 (B). In the case of earthwork for foundation footings, establishment charges, but exclude cost of fuel), shall be recovered drains, trenches, the payment shall be made based on tape at the rate of Rs --/- per day of eight hours for the full period the measurements. However if the quantities exceed 300 cu m, roller is hired out to the Contractor, including non-working days measurements shall be given in levels. except for authenticated periods of breakdown of the roller for the 24. Arbitration.- full working hours of a day; that is 8 hours from 8 a.m. to 5 p. m. Deleted and substituted as follows. (including one hour's interval for lunch) and for Sundays and other public holidays, if there is no work on these days. Arbitration shall not be a means of settlement of any dispute or claim arising out of the contract relating to the work. All disputes and The daily rate of hire fixed by the Chief Engineer shall be for a differences arising out of the contract, that may be executed in day of 8 hours or part thereof, between 8 a. m. and 5 p. m. with one pursuance of this notification shall be settled only by the Civil Court hour's interval for lunch. in whose jurisdiction the work covered by the contract is situated or (b) If there is work on Sundays and other public holidays, the in whose jurisdiction the contract was entered into in case the work hire charges for the rollers, shall be recovered at the rate of 1. 20 extends to the jurisdiction of more than one court (as per GO (MS) times the rate for normal working, days. 53/88/PW&T dated 30.09.1988). (c) When power rollers are worked an any day in excess of eight 25. The Contractor shall not without the previous sanction in hours (that is outside the normal working day between 8 a. m. and 5 writing of the authority accepting the tender, execute any power of p. M.) hire at the rate of 1.20 times the hourly rate applicable for attorney in respect of any matter, touching this contract, and any that day (based on the rate for 8 hours) shall be levied for every such power of attorney executed without such sanction shall not be extra hour or part thereof. recognised by or be binding upon Government or their Officers. It shall be entirely within the discretion of the authority accepting the (d) The average out-turn expected from a power roller for a day tender either to grant such sanction or to refuse it or to revoke a of 8 hours shall be fixed by the Chief Engineer (Buildings & Roads) for sanction once given. the various items of road work. A variation of plus or minus 12 ½ % may be allowed to this average. If the daily out-turn from the roller 26. No part of the contract shall be sublet without written falls outside the permissible variations, the Contractor shall be permission of the Executive Engineer nor shall transfer be made by charged at one and a half times the rate of normal hire for the day, power of attorney authorising other to receive payment on the specified for the roller concerned. Contractor's behalf. However, this clause shall not be applicable in cases where the 27. The Tender inviting authority or other sanctioning authority variation is due to authenticated periods of break-down of the roller reserves the right to reject any tender or all the tenders without or inclement weather. assigning any reason thereof. 32(A) In addition to the hire charges, necessary water, split 28. DELETED firewood, diesel oil (fuel oil) or power line, as the case may be, 28. A. Supply of departmental materials required for the efficient working of the power roller, shall be supplied by the Contractor at his cost. Cement and steel will not be supplied departmentally in respect of works in which the estimate cost exceeds Rs. 45 lakhs (TS 32(B) The Contractor will arrange road roller by himself if not powers of the Superintending Engineer). The Contractor will supplied by the department. purchase the same and complete the work. They will also establish 32 (C) When the departmental hot mixing plants are hired out laboratory facilities for testing the quality of the materials at their to be contracts hire charges (which include cost of lubricating oils, cost. gross small stores and Establishment charges but exclude cost of For works costing up to Rs. 45 lakh (The T. S. power of the Superintending Engineer), cement and steel will be supplied full period of the plant hired to the bidders including non-working departmentally. If cement, steel and bitumen are not available in days except the authenticated period of breakdown of the plant for departmental stores, the Contractor will be bound by agreement to the full working hours of the days ie., 8 hours from 8 am to 5 pm purchase the same from open market and complete the work as per (including one hour interval for lunch) and for Sunday and other the time schedule fixed. In such cases the Contractor will be paid the public holidays if there is no work in these days. market price of the materials and conveyance at market rates to the nearest available source as fixed by the Executive Engineer 32 (D) When departmental road roller and sprayer are hired (Buildings) of the concerned District as prescribed in the G.O (P) out to the bidder, hire charges which include cost of lubricating 558/97/Fin dated 03-06-1997 (para iii a).
Superintending Engineer Contractor Page 35 «Office» (for and on behalf of the Governor of Kerala) grease, small stores and Establishment charges but exclude cost of concerned Overseer in charge of the work will verify the stock and ‘ ‘ initiate action if shortage in stock is noticed. Other inspecting officers day for sprayer of eight hours for the full period of the plant hired to will also verify the stock during inspection. the bidders including non-working days except the authenticated period of breakdown of the plant for the full working hours of the 36. In case of schedule rate contract, if different rates are days ie., 8 hours from 8 am (including one hour interval for lunch) quoted for the same specification of work under identical working and for Sunday and other public holidays if there is no work in these condition at the same site / in different appendices of the lowest days. The bidder will arrange the road roller by himself. quoted rates will be accepted for the items in all the appendices 33. Value of quantities of departmental materials issued for 37. The Contractor shall be responsible for the safety of the the work either allowed to deteriorate or un accounted for, amount labour employed by him and he shall be liable to pay the necessary as it does to an excess supply over the sanctioned requirement shall compensation in case of accidents, as per the Workmen's be recovered at book value or issue rate plus 20% supervision Compensation Act. charges or market rates whichever is higher with sales tax and in The Contractor will also be liable to abide by the fair wage addition specific penalty rate stipulated by the department market clause condition attached separately. value will be the retail selling price of the materials in the locality of the work or the nearest market town current on the day of issue, or 38. Empty bags, of cement used on the work need not be recovery which is more. The Executive Engineer shall obtain the returned to the departmental stores. Value of empty cement bags information and record within seven days of such issue, sending a will be recovered at rates fixed by the Department from time to copy to the Contractor. The decision of the Chief Engineer regarding time. the current market rates shall be binding on the contractor. 39. If the department undertakes to supply particular materials Unused balance if any at the time of completion or termination no claim for extra payment on account of delay in the supply of of the contract will not be accepted by the department. The cost of these materials will be entertained. such materials amounting as it does to an excess over sanctioned 40. In the case of construction of steining to wells, excessive requirements shall be recovered at book value plus 20 percent or tilts if any occurring to the extent which is more than the percentage current market rate whichever is higher and in addition to specific allowed as per rules will have to be rectified by the Contractor at his penalty rates as may be fixed by Chief Engineer in the form of own cost and if the Contractor fails to attend to the same it will be Departmental circular order from time to time shall also be got attended to by other agency and the cost thereof recovered from recovered at the direction of the Executive Engineer. the original Contractor. 33.A Amendment 41. The Contractor should take a license under the current
explosive rules to enable him to manufacture and possess the 1. Cost of small excess quantity of cement bag up to 1 bag will quantity of gun powder required by him for blasting, if necessary. be recovered from the Contractor without penalty and that if the excess is more than this, it will be transferred to other 42. The Contractor shall employ engineering personnel as works as early as possible, subject to the condition that the detailed below for a period of one to two years according to the quantity of cement is ensured by the responsible officer not tenure of the contract paying Rs. 10,800/- p.m. and Rs. 8,640/- below the rank of Assistant Engineer before utilizing it on p.m. to the Engineering Graduates and Engineering Diploma holders the work for which it is transferred. respectively.
2. In the case of excess iron and steel rods, recovery or cost will Cost of work executed No. of personnel to be be affected at agreement rates. If the excess is 3% of the employed total quantity of iron or steel materials used, and recovery of For works costing from Rs. 2 One Civil Engg. Diploma cost of iron or steel materials in excess of 3% limit will be lakhs up to Rs. 20 lakhs holder affect penal rates if the excess is not due to any change in For works costing above Rs. 20 One Civil Engg. Graduate design or abandoning a part of the work. lakhs.
3. The materials will be issued to the Contractors only for For prequalification works Two Civil Engg. Graduates meeting the actual requirements so that large excess do not and Four Civil Engg. occur at the time of completion of the work. Diploma holders.
43. Tenders which are not in conformity with this tender notice 34. Tenderers should declare they are not related to any are liable to rejection. Government servant, who is in charge of or having control of the work. Relationship in this will be restricted to father, mother, son, 44. This tender notice with the conditions stated herein will daughter, brother, sister, direct uncle, nephew, father-in-law, form part of the contract documents. brother-in-law, mother-in-law, sister- in-law, and first cousin of the officer concerned. If the above condition is found to have been 45. In the case of schedule contracts, when the rate quoted for contravened, when they tender the earnest money security deposit a particular item in figures and words disagree, the rates quoted in of the tenderer /tender will be forfeited and the contract entered words will be taken for the purpose of the settlement of the into will stand cancelled. contract. The Contractor is bound to accept these rates if the contract is awarded to him. Similarly in the case of percentage, rate 35. The Contractor will provide his own tools and plant, store contract when the overall percentage, rates quoted in figures and sheds to store his own materials as well as those supplied by the words disagree, the rates noted in words will be taken for the Department and will be entirely responsible for proper use and safe purpose of the settlement of the contract. The Contractor is bound custody of the latter and also for any loss, damage, theft, to accept these rates if the contract is awarded to him. mishandling, weathering or any cause whatsoever. 46. If any correction is made by the bidder in the tender 35.A. (i) The responsibility for safe custody of materials at schedule the tenders are likely to be rejected. Any corrections/ worksite and during transit will be vested with the Contractor. The
Superintending Engineer Contractor Page 36 «Office» (for and on behalf of the Governor of Kerala) suggestions/ remarks etc. to be given by the bidder has to be made 52. Place of delivery of department materials shown in the ‘ schedule may vary. The department reserves the right to deliver the materials from any other sources or store and proportionate 47. In the case of the percentage rate contract, the overall deduction/addition due to the short/excess conveyance will be made percentage rate quoted by the Contractor shall not be varied on any from the payment for the work. No claim on this account will be account whatever and it shall hold good for all items done entertained. irrespective of the variations in quantities. 53. G.O (P) no. 84/97/PW&T dated 19.08.97 and G.O. (P) no. 48. The quantities provided for the schedule may vary widely 13/03 /PWD dated 27.01.2003 will form part of the contract. and Contractor should be prepared to do any excess over up to 25% of the schedule quantities at his quoted rates for the work. 54. The Contractor further assures that it is clearly understood that the settlement of claims either by part bills or by The specification issued by the Chief Engineer, General in final bill will be made only according to the availability of budget circular No. O&M(1) 240/89 dated 11-2-1988 shall also be referred to provision and allotment of funds made with the Divisional Officer in for the road works. In case of any conflict between the provisions of charge of the work under the respective heads of account in which MDSS and the above circular order the latter shall prevail. the work is sanctioned and arranged and also subject to the seniority of such bills. No claims for interest or for damages whatsoever shall 49. It shall be accepted as a condition of contract, that the be made for the belated settlement of claims of bills. No such claims landed property or bank deposit based on which the solvency shall be admitted by the Government. certificate was issued by the revenue department and produced during the time of registration will not be alienated during the period 55. Amendment/ Corrigendum publication on e-GP website. of contract without the permission of Government vide GO(P) no. All amendment(s)/ corrigendum(s) shall be published on the e-GP 136/74 /PW dated 08.08.1974. website and bidders are advised to check the website regularly for 49 (A) Extension of time of completion and fine T negligence in checking the website regularly for any updates on this a. The tendering authority will consider genuine request for tender. extension of time of completion of work at the time of executing agreement taking into account the climate conditions or other local problems at the site and grant extension of time up to three months. (from the original Superintending Engineer, Kuttanad time of completion). The tendering authority shall record Development Circle,Kottayam. the reason in such action with facts and figures. The grace (For and on behalf of the Governor of Kerala) period will not be granted if the extension is necessitated due to the default on the part of the bidder.
b. For extension of time of completion beyond the grace period time will be increased at the following rates.
Period of Extension Rate of fine First three months 1% of PAC subject to a minimum of 1000 and maximum of 50000 For every three months 2% of the PAC subject to a minimum beyond the first three of 2000 and maximum of 100000 months For extension of time of Proportionate amount of fine will completion for part of be levied. the said period
c. Bonus will be paid to the bidder at the rate of 1% of the TS amount subject to a maximum of Rs.3.00 lakhs (Three lakhs) for completion of work within the prescribed time limit in case of works which exceed TS power of Superintending Engineer (i.e., above Rs.45.00 lakhs).
B. TERMINATION OF CONTRACT.
The present system of risk and cost termination will continue.
50. The quantities provided for in the schedules may vary widely and the Contractor should be prepared to do any excess over the schedule quantities at his quoted rates for the work.
51. If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies, and if the Contractor is a partnership concern and once of the partners dies, then all sums payable under this contract will be paid to the nominees of the individual Contractor/proprietor if there is one or two of his/her legal representative and in the case of a partnership to the surviving partners. Also, the following forms of nominations should be duly filled up and signed by the Contractor.
Superintending Engineer Contractor Page 37 «Office» (for and on behalf of the Governor of Kerala)
SPECIAL CONDITIONS No GWD 83. 11. For LS items the Contractor will be paid only for the actual Name of work: Modernization of Thanneermukkom Bund to quantity of work done or materials supplied and labour engaged at manage salinity and minimize ecological decay Construction of agreed rates for such items and as per condition No.10 above for rd central portion of Thanneermukkom barrage (3 stage works). extra items but such payment will be limited to the lump sum quoted - by the Contractor. If he fails to quote definite LS rates for such items, 1. All works shall be done in conformity with the specification the LS amount provided in the schedule will be operative in his case. and condition in the contract in force in the P. W.D. and Irrigation Department. The tenderer shall quote only single rates as an overall 12. Roofing tiles, hip tiles, wire cut bricks, surki etc. required for percentage above/below/at the rate given in the schedule by a single the work should be purchased from suppliers approved by the Store entry at the bottom of the schedule under the head "quoted rate of Purchase Committee. the Contractor" by scoring out the irrelevant portion and attesting all 13. Procurement procedure for bitumen and cost of bitumen to the corrections. The rates quoted shall be inclusive once covering all be included in the preparation of estimate. As per G.O. the operation contemplated in the specification and tender schedule (P)No.22/2004/PWD dated 21-2-2004 departmental supply of and all incidental work necessary for such operations such as bitumen will be dispensed with in the case of works costing above shoring, bailing, form work, scaffolding etc. The rate quoted shall be Rs. 15.00 Lakhs and bidders are required to purchase bitumen by inclusive of all applicable taxes. themselves and complete the works. It also been made clear that 2. The rates quoted by the Contractor for the various items actual cost of bitumen will be reimbursed and no tender excess will shall be inclusive of all tools and plants required for the proper be allowed. Bidders are required to purchase bitumen only from execution of work and all other incidental charges and separate claim BPC/KRL. for these will not be entertained under any circumstances. 3. The quantities shown in the schedule are only approximate In order to have a uniform procedure, for preparing estimate and are subject to variations and the Contractor is bound to do the following direction are issued for strict compliances by all additional quantities of work if found necessary at his quoted rate. concerned. 4. All the rates quoted should be inclusive of sales tax /VAT T ‘ also. ‘ ‘ N‘MB ‘ B 5. Deleted Emulsion inclusive of Excise duty and Sales Tax, for packed bitumen 6. The bidder has to quote for the specification and unit noted for estimate purpose, bidders profit shall not be given on the cost of in the schedule. All suggestions, remarks, corrections and insertions bitumen, conveyance can be allowed. If bulk bitumen is used in the actual execution of the work, savings on this account shall not be ‘ the online bid. Any revision/ correction in price shall be made only by utilized for excess quantities / additional works etc. Bulk bitumen way of submitting another bid, complete in all aspects as stated in shall be used to the maximum extent. this tender, on or before the stipulated date & time of bid The requisition for purchase shall be placed through the submission. The contractor has to quote for the specification and Executive Engineer, concerned. unit noted in the schedule. No correction of specification, unit or T ‘ quantity is admissible and if they make any correction in the ‘ ‘ N‘MB ‘ . for specification, etc., the same will be rejected. B E G O ‘ N 7. Scanned copy of following documents shall be submitted . along with the online bid in cover specified: A P ‘ P T ‘ P ‘ P a). Bid Submission Fee value will be recovered if the balance cement, ms materials, Tor steel b). Earnest Money Deposit (EMD) and copper sheet are not returned to the store. c). The Superintending /Executive Engineer PWD, 14. Deleted. G K ‘ Certificate with PWD 15. Deleted 16. It will be the responsibility of the Contractor to obtain d). Bid Capacity certificate of the bidder necessary land for stacking the materials for arranging the work. e). Preliminary Agreement on a Rs. 100/- stamp paper. Stamp 17. Metal of the required size alone should be brought to the paper charges to be borne by the bidder himself. site of the work. Breaking boulders or rubble into metal will not be f). Scanned copy of the EMD exemption certificate, if any allowed either on or the side of the road. Metal should be stacked on 8. Deleted one side of the road only and in such a way as not to cause any 9. The bidder should submit the declaration in the form hazards to traffic. The stacks should be formed as per the standard attached. profile current in the department. 10. The bidder is bound to carry out items of works which 18. Granite stone metal supplied should be sound, hard, tough are not expressly or impliedly described in the tender schedule and durable, free from any decayed matter and of uniform colour plans, specifications sand agreement but which are found and texture. Each piece should have sharp angular edges. The metal necessary for me proper completion of the work during execution, should not also contain any quarry dust or earth. the work during execution. payment for such extra items will be 19. Silicious gravel shall consist of only hard nodules not more made on the basis of extra item conditions vide clause 23 (c) of form than 40mm or less than 6mm Dia, in any direction scraped from the
Superintending Engineer Contractor Page 38 «Office» (for and on behalf of the Governor of Kerala) hill sides and free from admixture of earth or laterite chips. for authenticated periods of breakdown of the roller for the roller for 20. Sand supplied should be clean, sharp and gritty to the the full working hours of a day, that is 8 hours from 8 a.m. to 5 p m. touch, free from clay and other impurities and obtained from (including one hour interval for lunch) and for Sunday and other running watercourses. Public holidays if there is no work on these days. 21. Variation in supply in each 200 meter length exceeding 1 The daily rate of hire fixed by the Chief Engineer shall be for a percent from the approved indent will not ordinarily be allowed. But day of 8 hours or part thereof between 8 a m to 5 p m with one hour supplies above 1 percent over the stipulated quantity the particular interval for lunch. 200 metre length may be accepted at the discretion of the Executive (b) If there is work on Sundays and other Public holidays the Engineer and in that case each be paid at 3/4 of the agreed rate. hire charges for the rollers shall be recovered at the rate of 1.20 Similarly if supplies fall short by more than 1 percent recovery for times the rate of normal working days- this deficiency will be made at 1/4 of the agreed rates. Excess (c) When power rollers, are worked on any day in excess of supplies or deficiency in supplies over 10 percent however will be eight hours (that is outside the normal working day between 8 a. m. accepted only at the discretion of the Executive Engineer subject to and 5 p m.) hire at the rate of 1.20 times the hourly rate applicable its being penalised at half of the agreed rates. The maximum penalty for that day ("based on the rate for 8 hours,) shall be levied for every shall however be limited to 10 percent of the contract. extra hour or part thereof- 22. The Contractor will have to make his own arrangements to (d) The average out-turn expected from a power roller for a day convey the materials supplied by the department and for stacking of of 8 hours shall be fixed by the Chief Engineer (R&B) for the various materials and site shed, etc. which are fond necessary for the proper items of road work. A variation of plus or minus 12| per cent may execution of the work. He will also be responsible for the safe be allowed to this average. If the daily out- turn from the roller fails custody of the materials till they are used on works. outside the permissible variations, the bidder shall be charged at one 23. The Contractor should take out license for storing and a half times the rate of normal hire for the day specified for the gunpowder and explosive required for rock blasting gas Explosive Act roller concerned. 1940. However this clause shall not be applicable in cases where the 24. Empty cement bags will not be taken back, but its cost at variation is due to authenticated periods of break-down of the roller Re.2/- per bag will be recorded towards value with the usual VAT. or inclement weather. 25. Recovery for M.S. rods shall be effected at agreed rates for 32A. In addition, to the hire charges, necessary water, splitfire the quantity actually used plus wastage, if any. The percentage of wood, diesel oil (fuel oil) or power, as the case may be required for wastage be fixed by the Executive Engineer, but at any rates if should the efficient working of the power roller, shall be supplied by the not exceed 3 percent of the actual usage. bidder at his cost, 26. If the department undertake the supply of any materials, no claim of extra payment due to delay in supply of those materials will 32 (B) Departmental Road Roller shall only be used for the be entertained. works. Bidders will be permitted to use road rollers from other 27. If materials other than those specified in the tender are sources only in case where a departmental road roller in working issued by the department, recovery will be effected at data rate plus condition is not available to be hired out therein. storage plus sales tax or at current market rates at the time of issue 32 (C) When the departmental hot mixing plants are hired out whichever is higher. to be contracts hire charges (which include cost of lubricating oils, 28. Hire charges of tar boiler and sprayer if supplied gross small stores and Establishment charges but exclude cost of departmentally will be recovered at Rs. 5.00 per day for the whole period they are in the custody of the Contractor. full period of the plant hired to the bidders including non-working 29. Machinery like concrete mixer, pump set, etc. if available days except the authenticated period of breakdown of the plant for will be supplied by the department as per rules and hire charges the full working hours of the days ie., 8 hours from 8 am to 5 pm recovered from the Contractor at the prevailing departmental rates. (including one hour interval for lunch) and for Sunday and other The Contractor has to take the machinery from the store and return public holidays if there is no work in these days. to the same spot at his cost and responsibility. 32 (D) When departmental road roller and sprayer are hired out to the bidder, hire charges which include cost of lubricating 30. A day means 8 working hours for the purpose of calculation grease, small stores and Establishment charges but exclude cost of of hire charges of rollers, pump sets and other machinery unless ‘ ‘ otherwise specified. day for sprayer of eight hours for the full period of the plant hired to 31. The Contractor has to take the roller from the the bidders including non-working days except the authenticated and period of breakdown of the plant for the full working hours of the responsibility. days ie., 8 hours from 8 am (including one hour interval for lunch) 32. Deleted and for Sunday and other public holidays if there is no work in these 32. (a) When power rollers (which term includes steam and days. The bidder will arrange the road roller by himself. diesel rollers) are hired out to bidders hire charges for the rollers 33. Value of quantities of the departmental materials issued for (which include cost of lubricating oils, grease, small stores and the work either allowed to deteriorate or unaccounted for establishment charges but exclude cost of fuel), shall be recovered at amounting as it does to an excess supply over the sanction ‘ requirements shall be recovered at book value or issue rate plus 20 the roller is hired to the bidder, including non-working days, except per cent supervision charges or market rates whichever is higher
Superintending Engineer Contractor Page 39 «Office» (for and on behalf of the Governor of Kerala) with sales tax and in addition specific penalty rate stipulated by the Department Market value will be the retail selling price of materials 40(A). The Contractor is bound to pay 1% of the value of works in the locality of the work or the nearest market town current on the K C day of issue, or recovery which is more. The Executive Engineer shall same will be deducted from his bills for the work (As per clause 8(3) obtain the information and record within 7 days of such issue, of the said welfare fund. sending a copy to the bidder. The decision of the Chief Engineer regarding current market rates shall be binding on the bidder. 41. The Contractor shall be liable for any loss caused to the Unused balance if any at the time of completion or termination Government on account of the above work including any that may of the contract will not be accepted by the department- The cost of arise due to non-fulfillment of the contract. He should comply with such materials amounting as it does an excess over sanctioned the rules laid down in the Central P.W.D. Contract, regulations requirements shall be recovered at book value +20 per cent or regarding fair wages. current market rate whichever is higher and in addition to specific 42. The work shall be completed in all respects and also at the penalty rates as may be fixed by Chief Engineer in the form of rate of progress; within the time limit and stipulations in the Form Departmental Circular order from time to time shall also be No. 83 - Notice inviting tender-Failing which the Contractor is liable recovered at the direction of Executive Engineer. to be fined as stipulated in special condition No. 49.
33 (A) 1.Cost of small excess quantity of cement may less than 43. Defects, if any noticed within 6 months from the date of one full day will be recovered from the bidders without penalty and completion of the work will be got rectified by the Contractor, in that if the excess is more than it will be transferred to other works as default of which this will be attended by the department and the early as possible sub top condition that the quantity of cement is cost made good from the Contractor. ensured by a responsible officer not below the rank of Assistant 44. The Contractor should produce latest ST/VAT and Engineer, before utilizing it in one of the work for which it is agricultural income-tax clearance certificate and also income-tax transferred. clearance certificate for receiving final payment. 2. In the case of excess steel rods, recovery of cost will be 45. The Contractor shall be responsible for the payment of VAT effected on agreement rates, if the excess is not due to as per rules in force from time to time and the rates quoted for any change in design or abandoning a part of the work. various items remain unaffected by any changes that may be made 3. The materials will be issued to the bidder only for from time to time in the rate at which such tax is levied. VAT, meeting the actual requirement so that large excess do agricultural income tax and income tax due to Government from the not occur at the time of completion of work. Contractor will be recovered from his bill for the work as per the 34. If part payment is claimed for metal supply, 75 percent of advice of the authorities concerned. the supply will only be made in the part bill. The spreading and consolidation should be done within two months of supply. 35. The payment of the earth work items will be made as per 46. All sums due to the Government under or by virtue of this level measurements or tape measurements as per rules prevailing in contract shall be recoverable first from the security furnished by the the department. Contractor and if the same is found insufficient, such deficit amount 36. All items should be carried out as per the relevant shall be recoverable under the provisions of the Revenue Recovery specification in the M.D.S.S. and all clauses of preliminary Act for the time being in force as though the same were areas of specification excluding clause 73 and other clauses relating to Land Revenue or in any other manner as the Government may deem arbitration thereon should be complied with. fit. 37. The moulds, shuttering, etc. required for the work should 47. The Contractor agrees that before final payment shall be be made by the Contractor and got approved by the departmental made on the contract, he will sign and deliver to the Executive officers at site before use. Engineer either in the measurement book or otherwise as demanded 38. Tribes of the locality should be employed to the extent a valid release and discharge from and all claims and demands possible. The Contractor should pay fair wages to the labour engaged whatsoever for all matters arising out or connected with the on the worked which will be fixed by the Government as specified in contract. Provided that nothing in this clause shall discharge or Go. 18- 8597/55/ LD., dated 7th March 1955 and any dues to the release the Contractor from his liabilities under the contract. It is labor will be recovered from his bill as fixed by the Departmental further expressly agreed that the Executive Engineer in supplying the officers. final measurement certificate need not be bound by the proceeding 39. The Contractor alone is responsible for the safety of his measurement and payments. The final measurements, if any, of the labourers and damages, if any payable under "Workmen's Executive Engineer shall be final, conclusive and binding on the Compensation Act" will be to his debt. Contractor. 40. It shall be the Contractor's responsibility to protect the public and his employees against accident from any cause during 48. The tender notice and form No.83 notice inviting tender execution of the work and he shall indemnify the Government shall form part of the Agreement. against any claims for injury or person or property resulting from any such accident, and he shall, were provisions of the "Workmen's 49. The date fixed by the Superintending Engineer for the Compensation Act" apply, take steps to properly insured against any commencement and completing of works as entered in this claims there under) agreement shall be strictly observed by the Contractor who shall pay
Superintending Engineer Contractor Page 40 «Office» (for and on behalf of the Governor of Kerala) damages at the rates of (1) one percentage on the estimated value of the contract for every day not exceeding five days that works SPECIAL CONDITIONS FOR KVAT AS PER THE KERALA FINANCE ACT remains un-commenced or unfinished, after the proper date and 2008 further to ensure good progress during the execution of works, the In case of Civil works awarded by Government of Kerala Contractor shall be bound unless the contract provides otherwise in deduct KVAT amounting to 4% of the gross amount of bill payable all cases in which the time allowed for a work exceed one month to for the bidders every time. complete. One fourth of the whole work to be done when one fourth The VAT amount will be retained by the concerned PWD of the time has lapsed and when one half of the work when one half officers when the bill for the work is passes for payment and the of time has elapsed and three fourths of work when three fourth of amount so retained shall be credited to the sales Tax Department. time has elapsed and the penalty for the failure in either of these cases shall likewise be that the Contractor shall be subject to pay daily damages at the rate of (1) One percent on the estimated value of the amount of work that should be completed by that time. Bidder Superintending Engineer Provided always that entire amount of damages to be paid under the provisions of this clause shall not exceed in the whole amount of CONSTRUCTION WORKERS WELFARE FUND SCHEME retention plus the security deposit. All damages payable under the provisions of this clause or clause 12 of the conditions of contract The Contractor for the work shall be bound to remit an shall be considered as liquidated damages to be applied to the use of amount equal to 1% (one percentage) of the value of the work done this Government without reference to the actual loss sustained on account of the contract (including departmental materials) owing to the delay. towards the Employees Contribution to the Kerala Construction
W W scheme 1990. This amount shall be recovered 50. If during execution, the proportion of usage of materials proportionately from the part-bills and final bill for the work and the issued departmentally alone is varied for which the price has been Contractor shall abide by such recoveries. This amount shall be fixed in the tender, the quoted rate of the item will be allowed remitted to the KCWWWF by the Executive Engineer within 15 days effecting short or excess of departmental materials actually used as on the payment to the Contractor. well as labour charges for handling the short or excess if any provided is in the same position. FAIR WAGE CLAUSE 51. The earnest money deposit of the unsuccessful tenderers will be refunded immediately after tabulating the tenders keeping (a) The Contractor shall pay not less than fair wages to only the earnest money of the first three lowest tenderers. The labourers engaged by him on the work. earnest money of the remaining two unsuccessful tenderers will be "Fair Wages" means wages whether for time or piece work refunded within a week from the date of acceptance of tender. notified at the time of inviting tenders for the work and where such 52. The Contractor should engage at his own cost a Diploma wages have not been so notified, the wages prescribed by the holder (Civil Engineering) with sufficient practical experience for the Central P.W. D. for the District in which the work is done. proper execution and supervision of works as noted in form 83. (b) The Contractors shall not withstanding the provisions of 53. All other conditions and specifications of contract are the any contract to the contrary cause to paid a fair wage to labourers same as those current in the department. indirectly engaged on the work including any labour engaged by his 54. The method of measurements will be as per Indian sub Contractor in connection with the said work as if the labourers, standard 1200-1958. had been immediately employed by him. 55. All concrete should be machine mixed and vibrated. (c) In respect of all labour directly or indirectly employed in 56. The Tenderer/Contractor must clearly understand that the the works for the performance of the Contractor's part of this settlement of claim either by part bills or by final bills will be made agreement the Contractor shall comply with or cause to be complied only according to the availability of budget provision and allotment (the Central P.W.D. Contractor's labour) regulations made by of funds made with the Divisional Officers in Charge of the work Government in regard to payment of wages, wage period deductions under the respective head of account in which the work is from wages, recovery of wages not paid and deduction sanctioned and arranged and also subject to the seniority of such bills. No claim for interest or for damages whatsoever shall be made unauthorizedly made, maintenance of wages register, other terms of by the related settlement of claims of bills. No such claim shall be employment, inspection and submission of periodical returns and all admitted by the Government. wage cards, publication of scale of wages and returns and all other matters of a like nature. 57. Amendment/ Corrigendum publication on e-GP website All amendment(s)/ corrigendum(s) shall be published on the e- (d) The Executive Engineer or Subdivision Officer concerned GP website and bidders are advised to check the website regularly shall have the right to deduct from the moneys due to the Contractor and any sum required of estimated to be required for making good T the loss suffered by a worker or workers by reasons of non-- negligence in checking the website regularly for any updates on this fulfillment of the conditions of the contract for the benefit of the tender works, non-payment of wages or deductions made from his or their wages which are not justified by their terms of the contract or non
Superintending Engineer Contractor Page 41 «Office» (for and on behalf of the Governor of Kerala) observance of the regulations. (C.P) to O.H already sanctioned in the T.S of the work will be recovered along with the hire charges of Machinery & Equipments (e) Vis-a-vis the Central Government, the Contractor shall be from the bill amount. primarily liable for all payments to be made under and for the observance of the regulation aforesaid without prejudice to his right to claim from these sub Contractors. FORM OF DECLARATION (f) The regulation aforesaid shall be deemed to be a part of this Contract and breach thereof shall be a breach of this contract. 1. I, ...... do hereby declare that none of my
CLAUSE 45 OF M.D.S.S - ACCIDENTS HOARDING - LIGHTING - relations as per the list given in section, 6 and Schedule 1 A of the Companies Act; 1956 is in charge of the above work or are having OBSERVATIONS - WATCHMEN control over it.
(a) When excavations have been made or obstacles have been 2. I, ...... do hereby distinctly and expressly put in public thorough fares or in places where there is any likelihood of accidents; the Contractor shall comply with any requirement of declare and acknowledge that I have read the Madras Detailed law on the subject and shall provide suitable hoardings, lighting and Standard Specifications and the preliminary specifications therein. watchmen as necessary. Note: If the Contractor is found at any stage, to have (b) It shall be the Contractor's sole responsibility to protect suppressed any information required, his earnest money the public and is employees against accident from any cause and for the work is liable to the forfeited and the contract shall indemnify Government against any claims for damages for entered into, will stand cancelled. injury to person or property, resulting from any such accident and he shall, where the provisions of the Workmen's Compensation Act apply, take steps to properly insure against any claims there under. (c) On the occurrence of an accident which results in the death of any of the workmen employed by the Contractor or which is so serious as to be likely to result in the death of any such workmen, the Contractor shall within 24 hours of the happening of such Contractor Superintending Engineer accident, intimate in writing to the concerned Section Officer of the Kuttanad Development Circle, Public Works / Water Resources Department, the fact of such Kottayam, accident. The Contractor shall indemnify Government against all loss (For and on behalf of the Governor of Kerala.) or damage sustained by Government resulting directly or indirectly from his failure to give intimation in the manner aforesaid including the penalties or fines if any payable by Government as a consequence of Government's failure to give notice under the SPECIAL CONDITIONS Workmen's compensation Act or otherwise conform to the said Act in regard to such accident. 1. If there is any contradiction between the conditions given (d) In the event of an accident in respect of which in the notice inviting tenders and the printed agreement forms and compensation may become payable under the workmen's the other conditions given below then the conditions given in this Compensation Act VIII of 1923 whether by the Contractor or by the special conditions will prevail. Government as principal it shall be lawful for the Executive Engineer 2. The tenderer shall examine closely, .the M.DS.S. excluding to retain out of moneys due and payable to the Contractor such sum clause 73 and other clause relating to arbitration thereon and its or sums of money as may, the opinion of' the said Executive addenda volume and also the standard preliminary specifications contained therein in token thereof he shall sign the certificate in the Engineer, be sufficient to meet such liability. The opinion of the form attached to the tender documents. Executive Engineer shall be final in regard to all matters arising under 3. The tenderer shall study carefully the drawing and this clause. specifications which will form part of the agreement to be entered into by the tenderer. 4. The percentage rate accepted and specified in the agreement shall not be varied on any account whatever and that it Bidder Superintending Engineer shall hold good for all items done irrespective of variations in quantities. SPECIAL CONDITION AS PER CIRCULAR NO. CE/GL/R&B/GL/1/2011- 5. The rate quoted by the tenderer for schedule items of work 12 DATED 25-11-2011 shall be for properly executing the item of work, completely and shall cover such charges as are incidental, but not detailed specifically in If the Machinery & Equipments (M&E) are supplied by the schedule. For example, no extra claims on account of incidental department, 10% OH to M E M E C P charges like ring bunding bailing out of water, shoring etc carried out
Superintending Engineer Contractor Page 42 «Office» (for and on behalf of the Governor of Kerala) as per necessity for proper execution of the item shall be admissible. Stones supplied and measured. Any quantity over and above the 6. The Contractor shall produce necessary certificate from the maximum limit of 10% and all Armour stones below 150 dm3 will be competent authorities concerned to the effect that he has cleared all rejected. The above conversion of Armour stones as 45 dm3 will be his dues regarding Sales tax/VAT, Income-tax and Agricultural admissible only in cases where there is a provision of supply of 45 Income-tax, deductions for the above taxes payable by the dm3 stones in the agreement schedule of the work concerned. In case where there is no provision for 45 dm3 stones in the agreement Contractor shall be made from the dues to him from Government. schedule, all Armour stones below 175 dm3 will be rejected without No account final payment shall be made to the Contractor before the any payment. However the field officers should ensure that while production of the above certificates. admitting the above conversion of Armour stones as 45 dm3 stones
the quantity of 45 dm3 stones should not exceed the agreement Note: Production of sales tax /VAT clearance certificate will be provision on any account. dispensed with in cases where the sale tax/VAT has been recovered from the Contractor as per clause 44 of special 18. All sums if found due to the Government under or by conditions. virtue of the present contract shall be recoverable from the security 7. The Contractor shall take out license under the Explosive furnished by the Contractor and insufficient such deficit amount shall Rules 1940 and subsequent amendments for the use of Gun Powder, be recoverable under the provisions of the Revenue Recovery Act in Gelignite all other blasting materials required by him. force as though the same were arrears of other manner as the Government may deem it. 8. The rate quoted shall be inclusive of Sales tax/VAT. 19. If the Contractor is hindered in the execution of his work 9. Sales tax/VAT will be recovered at the prevailing rates for so as to necessitate an extension of time allowed for its completion the unaccounted departmental materials supplied to the Contractor. he shall apply in writing to the Superintending Engineer who shall, if 10. Rubble of the various sizes specified in the agreement reasonable grounds be shown authorise such extension of time. If schedule shall be stacked separately based on the size classification. any as may in his opinion necessary for which the Contractor has to execute an agreement for enlarging the period of contract. 11. Rubble supplied shall be closely packed in neat rectangular stacks on level ground in heights not exceeding 4 ft. Without such written authority of Superintending Engineer (1.2m). The size of stacks and their location shall be as specified and the Contractor shall not be exempted from the damage leviable if ordered by the Executive Engineer. the work or any part or parts thereof be not completed within the prescribed time. The date fixed by the Superintending Engineer for 12. In the case of large stacks all the dimensions particularly the commencement on completion of works as entered in his the height will be checked in different places as to arrive at average agreement, shall be strictly observed by the Contractor who shall pay value which will be taken for computation of volume. damage at the rate of (1) one percent, on the estimated value of the 13. The materials should be stacked as per standard profile contract for every day not exceeding five days that the work remains current in the department. uncommenced or unfinished after the proper date And further to ensure good progress during the execution of works the Contractor 14. To work out the quantities for payment one eight (1/8) shall be bound unless the contract provides otherwise in all cause in will be deducted from the stack measurement in close packing and which time allowed for work exceeds one month, to complete one for loose stacks larger percentage decided by the Officer concerned fourth for the whole work to be done when one fourth of the whole will be deducted or the Contractor must restack the stone properly time allowed for it has elapsed the half of the work when one half of as may be decided by the Executive Engineer. time has elapsed and three fourth of work when three fourth of the 15. Wherein the opinion of the measuring Officer any stack is time elapsed and the penalty for failure in either of these cases shall not closely packed the supplier should have it restacked according to likewise be that the Contractor shall be subject to pay daily damage the instruction before it is measured. No payment will be made for at the rate of (1) one percent on the estimated value of the amount such restacking. However if any supplier is dissatisfied with the of work that should be completed by that time Provided always that decision of the measuring Officer regarding restacking, he may the entire amount of damages to be paid under the provisions of this appeal to the Executive Engineer concerned whose decision in this clause shall not exceed in the whole the amount of retention plus will be final and binding. the security deposit. All damages payable under the provisions of 16. Dumping of rubble shall be commenced only after the this clause or of clause 18 shall be considered as liquidated damages stacks are measured and Check measured by competent authority. to be applied to the use of the Government without reference to the Once dumping starts no further supply shall be permitted till the actual loss sustained owing to the delay. stacked materials are completely disposed off and a certificate made 20. For all items under the contract including for extra items in the M Book concerned by the Executive Engineer on inspection. the percentage rate accepted and specified in the agreement shall "For A.S.E. and E.C. works, collected stones measured by the not be varied on any account whatever, and that it shall hold good concerned Assistant Engineer will be allowed to dump only after 48 for all items done irrespective of variations in quantities subject to hours at each instant to facilitate check measurement by the the further condition that the Contractor has to do the agreed items, Assistant Executive Engineer, Executive Engineer and finance up to an excess of 25% over that originally agreed to, if needed, at inspection wing. Also, further collection of stones will not be allowed his agreed rates (G.O.P. 1252/76 PW dated 25-11-1976). within the above period (48 hrs)" 21, The dates fixed by the department for the 17. The under size Armour stones having the volume below commencement and completion of the work as entered in the 175 dm3 to 150 dm3 may be used for core materials by conversion agreement shall be strictly observed by the Contractor and as 45 dm3 stones. The maximum number of such under size stones proportionate progress shall be maintained. The Contractor shall shall be limited to 10% (ten percent) of the total number of Armour dump stones whenever required by the departmental officers.
Superintending Engineer Contractor Page 43 «Office» (for and on behalf of the Governor of Kerala)
22. Only registered Contractors of the particular class who fixed by the department from time to time. have deposited the required earnest money will be allowed to 32. For departmental material other than those mentioned in tender for the work. the tender notice if issued to the Contractor the recovery will be 23. The Contractor is at liberty to make his own arrangements effected at book value plus 20% storage value or current market for forming approach roads, for laying tracks for movements of value whichever is higher. tipping wagons etc. at his own cost to suit his convenience, As 33. When blasted rubble is not required to be stacked, already stipulated in conditions (5) no claim for any charges on these stacking charges will be recovered at the current data rate plus profit accounts shall be payable by the department. Tipping wagons, rails in force plus or minus tender difference. etc, if available with the department can be hired by the Contractor 34. Blasting materials will be issued to Contractor if available on the usual hire of tools and plant conditions. at departmental stores and value recovered at rates fixed by 24. When the percentage noted in words differ from that competent authority from time to time. noted in figures only the rate quoted in words will be taken into 35. The empty cement bags will not be taken back after the consideration in tabulation of accepting the tender. work but the cost of same will be recovered from the bill of the 25. The percentage deduction from bills which are held as Contractor at the rates fixed by the Government from time to time. additional security will be released by the Officer competent to pass 36. For slackness in progress of work due to non availability of the final bill at his discretion after the successful completion of the blasting materials or mechanical defects of any other cause, the work retaining only such amount as he may consider necessary to department will not be liable on any account. cover the liabilities, if any, of the Contractor (Go.(P) No. 95/PW dated 37. The maximum period of retention of the security deposit 19-6- 1969) will be six months from the date of completion of the work and the 26. The Contractor is bound to carry out items of works which security amount, if necessary be released earlier at the discretion of are not included in the tender schedule and agreement but which the Executive Engineer concerned, provided he is convinced that the are found necessary for the proper completion of the work during amount as per the final bill will cover all liabilities of the Contractor execution. The rates for such extra items should be arrived at by and record a certificate to that effect and provided also the applying the percentage excess or deduction to the departmental Contractor has produced the latest clearance certificate of income data rate as per the original schedule on which the tenders were tax Agricultural Income tax and Sales tax/VAT. invited (Departmental data rate means the rate derived from the departmental schedule of rates and shall include conveyance charges 38. It will be the responsibility of the Contractor to obtain and Contractor's profit.) necessary land for stacking the materials for the proper execution of the work. 27. Any sum of money due and payable to the Contractor 39. The Contractors will be allowed to open deposit in (Including security deposit returnable to him) under this contract Treasury Savings Banks equal to the amount of retention money if may be appropriated by the Government and set of against any claim favour of the Executive Engineer in charge of the work subject to the of the Government for the payment of a sum of money arising out or condition that if recoveries are to be made from such retention under any other contract made by the Contractor with the deposits interest for such recoveries for the period for which such Government. amounts become due to Government will also have to be recovered 28. The Chief Engineer reserves the right to abandon the from the deposits. The Contractors should deposit the entire work at any stage if he finds such a course necessary and the retention money initially in banks before the first running account Contractor will be paid only for finished item of work. bill is passed and paid and that additional retention money on the basis of the revision of the probable amount of contract should also 29. LS. item will be paid for only as per actual on labour and be deposited in banks before the first bill in which such extra claims materials and will be limited to the agreed LS amount. in excess of the original probable amount of contract is passed and 30. If the department undertakes to supply the controlled paid. materials, no claim for extra payment on account of delay in the supply of those materials will be entertained. 40. The Tenderer shall quote only a single rate as a percentage above or below or in the rates given in the schedule by a 31. Normally wastage only up to 3% of the total usage of M.S. single entry at the bottom of the schedule under the head quoted Rods under each size will be permitted and the above limits will not rate of the Contractor by scoring out the irrelevant portion and be revised unless under special circumstances such as change of attesting all the corrections. design, abandoning a part of the work etc. Recovery will be effected at agreed rates for the actual usage plus the allowable wastage as 41. The Contractor is bound to keep a machine numbered fixed above. In the case of cement, an excess up to less than a bag well bound work spot order book, initialled by the Assistant with the Contractor will be admitted at the agreed rate without Executive Engineer in charge and he should carry out works as penalty. For the excess quantity if any on both M. S. rods and cement ordered in the book. No oral orders said to have been given will be over and above that allowable as per this condition will be treated as accepted as a claim for payment unless they are got recorded in the unaccounted and recovery will be effected as per penalty clause for order book. unreturned materials (Go. (Rt) 564/78/PW & E. dated 5-4-1978) 42. The rates quoted should be for the finished work and 31. (A) Value of quantities of departmental materials issued should include all contingent items thereof. While preparing bill for work unaccounted for by the Contractor will be recovered from both for part and final payments the amount of the individual items the Contractor at book value plus 20% storage value or the current as well as the sum total of the items measured, recorded and billed market value whichever is higher plus a penalty of Rs. per bag of for, will be arrived at on the basis of estimate rates given in the 50 kg. of cement and Rs. per Kg. of M.S. rod or any suitable penalty schedule attached to the agreement. After arriving at the total
Superintending Engineer Contractor Page 44 «Office» (for and on behalf of the Governor of Kerala) amount, the value of departmental materials used on the items Fund Board. But as per section 8(3) of the Kerala Construction billed for will be deducted to arrive at the net amount. Then the Workers Welfare Fund Act 1989 it is the responsibility of the percentage quoted by the Contractor and accepted by the department, corporations or Boards as the case may be to deduct department will be applied. To the amount so arrived, the value of Contractors and to departmental materials will be added which will give the amount to remit the amount in the account of the Kerala Construction Workers be passed in favour of the Contractor. Welfare Fund within 15 days from the date of such deductions. While working out the total cost the value of the departmental materials 43. Payment for earth work exceeding 300 m3 will be made supplied will be included Govt. Lr. No.127 /95/ P3/90/Ir. dated 31-7- based on levels calculations only. However payment for Earth work 90 and amendment as per Letter No. E3-13.2924/93, dt 3-6-93 of the for foundation proper of masonry structures and earth work back Chief Executive Officer, KCWWF Board. filling or masonry where the quantity involved is not much will be made on tape measurements even if it exceeds the limit of 300 m3. 54. All other conditions stipulated in the Kerala Construction Workers Welfare Fund Act 1989 are also applicable. 44. The Contractor is liable to pay sales tax at the rate of 70% of the rates shown in the 4th schedule of KGST Act 1963 (ie 8%) 55. Amendments and modifications to the P. W.D. code and against all payments including advance payments made to the manual issued in G.O.(P) No.84/97 PW &T dt. 19-8-97 read with Contractor. Hence Sales Tax will be recovered from the bills of Govt.letterNo.3157 /P2/98/ISD dated 21-10-99 and amendments Contractors @ 5.60% of the bill amount. Revisions there to in the issued thereafter are applicable to this agreement. KGST Act will be binding on the Contractor. 56. The Contractor will examine the site condition and satisfy 45. If Contractor is an individual or a proprietary concern and themselves of the availability of materials at nearby places, the individual or the proprietor dies and if the Contractor is a difficulties which may arise during execution etc., before submitting partnership concern and one of the partners dies, then all sums tenders for the work. payable under this contract will be paid to the nominees of the individual Contractor proprietor if there is one or to his/her legal representative and in the case of a partnership to the surviving Contractor Superintending Engineer, Kuttanad partners. Development Circle, Kottayam. 46. Arbitration shall not be a means of settlement of any disputes or claim arising out of the contract relating to the work.
All disputes and differences arising out of the contracts that may be executed in pursuance of this notification, shall be settled only by the Civil Court in whose jurisdiction the work covered by the contract is situated, or in whose jurisdiction the contract was entered into/ in case the work extended to the jurisdiction of more than one court. (vide G.O.MS. 50/88/PW & T dated 30-9-1988). 47. It shall be accepted as a condition of contract that the landed property or Bank deposit based on which solvency certificate was issued by the Revenue Department and produced during the time of Registration will not be alienated during the period of contract without the permission of Government. (Chief Engineer's No. W6-362/177 dated 27-6-1978). 48. All these conditions and those stated in from 83 notice inviting tenders will be part of the contract documents in addition to the agreement form GWD 132. 49. Payments will be made only for completed profiles. 50. The length of the stretch which should be completed to full profile for becoming eligible for payment will be decided by the Executive Engineer / Superintending Engineer concerned depending upon local conditions.
51. No part payment will be made except for completed profile. 52. Preliminary agreement will be executed in the required stamp paper and enclosed along with the tender as per GO. (MS) 39/90 PW &T, dated 28-4-1990. 53. The Kerala Construction Workers Welfare Fund Act and scheme has come into effect from 1-1-1990. According to the provision of the Act a Contractor who is undertaking the construction works under Government Departments, Corporations, Boards, Government Companies, Local Bodies, Water Authorities or Universities have to remit 1 % of the total cost of construction as employers contribution to the Kerala Construction Workers Welfare
Superintending Engineer Contractor Page 45 «Office» (for and on behalf of the Governor of Kerala)
ADDITIONAL CONDITIONS
1. For prequalification works, Security Deposit at the rate of 10% will be insisted at the time of executing agreement. 2. Recoveries towards Kerala Construction Workers Welfare Fund will be made at 1% (One percent only) of the total PAC. (Including value of departmental materials) as per Sec. 8(2) of the Kerala Construction Workers Welfare Fund Act. 1989. 3. A sum equal to 1.5 % of the income tax will be deducted from the Contractor 4. All the conditions specified in G.W.D Form No.83, 84 and Special conditions with all up to date amendments are binding to this contract. 5. The Contractor further assures that it is clearly understood that the settlement of claims either by part bills or by final bill will be made only according to the availability of budget provision and allotment of funds made with the Divisional Officer in charge of the work under the respective heads of account in which the work is sanctioned and arranged and also subject to the seniority of such bills. No claims for interest or for damages whatsoever shall be made for the belated settlement of claims of bills. No such claims shall be admitted by the Government. 6. Clause 7 of conditions of contract attached to GWD Form No.132 of Agreement will be substituted as follows 7. Bills shall be submitted by the Contractor for part payments while the work is in progress or final bill on completion of the work as per the specifications, terms and conditions of the contract and the Divisional Officer shall take the requisite measures for having the same checked and the claim as far as admissible settled according to the availability of budget provision and allotment of funds made with the Divisional Officer under the respective heads of account under which the work is sanctioned and arranged and also subject to the seniority of such bills. The Contractor shall not make any claim for interest or for damages for any delay in settling the bills. No such claim shall be admitted by the Government. Should the Contractor be unable to prepare the bill for himself , the Divisional Officer shall depute a sub ordinate to measure the work performed in the presence of the Contractor, whose counter signature to the measurement list will be a sufficient warrant to the Divisional Officer to prepare the bill for him from that list. 8. Special Condition For Sales Tax 9. As per section 7(B) KGST act 1963, as amended by Kerala finance act 1994, sales tax has to be deducted at the rate of 2.2% of the total value of work done from work bills if the amount exceeds ten lakhs and at the rate 2.1%, if the amount is less than 10 lakhs. In assessing the tax liability, the % will be worked out with reference to the Contractor 10. Payment of work bills 11. The officer competent to make a payment for work bill will be authorized to effect a payment up to a maximum of 75% of the bill amount without detailed scrutiny of his office, if the officer himself is satisfied of the genuineness of the bills subject to the condition that if any excess payment is noticed, the officer who authorized the payment will be responsible. A certificate to this effect will be recorded in the bill by the officer who passes the bill before making the payment. 12. The officer of the PWD/Irrigation will be authorized to take up works within their powers for waiving of tender calls, allowing tender excess up to a maximum limit of the estimated cost based on the market rate fixed by the Executive Engineer of the concerned District. While exercising this power of the concerned officer, will report to the immediate superior officer. The Chief Engineer will have powers to sanction tender excess in this case without reporting to the Government. 13. All Conditions prevailing in PWD/WRD will be applicable to this tender also.
Superintending Engineer Contractor Page 46 «Office» (for and on behalf of the Governor of Kerala)
I hereby agree that the guarantee period and the release of security deposit for the work will be as per the terms and conditions of the G.O (MS) no. 96/92/PW&T dated 21.11.1992. I also agree that the notice inviting tenders and conditions of contract will stand amend to this extent.
Contractor:
Superintending Engineer Contractor Page 47 «Office» (for and on behalf of the Governor of Kerala)
ADDITIONAL CONDITION AND NOMINATION AS PER G.O (P) 181/76-77 dated 27-7-1976
If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies, and if the Contractor is a partnership concern and once of the partners dies, then all sums payable under this contract will be paid to the nominees of the individual Contractor/proprietor if there is one or two of his/her legal representative and in the case of a partnership to the surviving partners.
FORM OF NOMINATION
I ...... do hereby nominate and authorize Sri./Smt...... ...... taluk ...... district ...... residing at ...... receive all or any sum found due to me under the terms of the contract ( Agreement ...... ) in the event of my death before the amount has become payable or having become payable, but has not seen said.
Signature : Name and Address :
In the presence of witness 1.
2.
Superintending Engineer Contractor Page 48 «Office» (for and on behalf of the Governor of Kerala)
FORM OF PRELIMINARY AGREEMENT*
(See clause 49 General conditions of contract) * (To be executed in stamp paper worth Rs 100/ at the time of submitting tender for works.)
P between The Superintending Engineer, Kuttanad Development Circle, Kottayam - 1 for and on behalf of the Governor of Kerala (Hereinafter called G “ H E full name and address of the Contractor Contractor the work of WHERE AS the Government invited tenders for the work as stated above H E N AND WHEREAS para 13 of the Notice inviting tender stated a follows.
Before commencing work or within a week after the date when the acceptance of tender has been intimated to him, the tenderer shall deposit a sum, which together with the Earnest Money Deposit shall make up 10% (ten) of the probable value of contract, and shall be treated as security for the proper fulfillment of the same and shall execute an agreement for the work in the P. W. D. schedule form. If he fails to do this or in the case of P. W. D. contract fails to maintain a specified rate of progress (to be specified in each case in the tender schedule) the earnest money and security deposit shall be forfeited to Government and fresh tenders shall be called for or the matter otherwise disposed off. If as a result of such measures due to the default of the tenderer to pay the requisite deposit, sign contract or take possession of the work, any loss to Government results, the same will be recovered from him as arrears of Revenue, but should it be a savings to Government, the original Contractor shall have no claim whatever to the difference. Recoveries on this or any other account will be made from the sum that may be due to the Contractor on this or any other subsisting contracts or under the Revenue Recovery Act, or otherwise the Government may decide.
NOW THERE FOR THESE PRESENT WITNESS AND it is mutually, agreed as follows: 1. The terms and conditions of the said contract having been stipulated in the said tender form to which the Contractor has agreed, a copy of which is hereto appended which forms part of this agreement, it is agreed that the terms and conditions stipulated therein shall bind the parties to this agreement except to the extent to which they are abrogated or altered by express terms and conditions herein agreed to and in which respect the express provisions herein shall supersede those of the said tender form. 2. The Contractor hereby agrees and undertake to perform and fulfill all the operations and obligations connected with the execution of the said contract work viz. (H.E. the name of the work) if awarded in favour of the Contractor.
3. If the contactor does not come forward to execute the original agreement after the said work is awarded and selection notice issued in his favour or commit breach of any of the conditions of the contract as stipulated in clause 13 of the notice inviting tenders as quoted above within the period stipulated therein, the Government may rearrange the work otherwise or get it done departmentally at the risk and cost of the Contractor and the loss sustained by the Government can be realized from the Contractor under Revenue Recovery Act as if arrears of land revenue as assessed, quantity and fixed by an Adjudicating Authority consisting of the Secretary PWD/WRD, Chief Engineer (Arbitration) and Chief Engineer (Administration) or any
Superintending Engineer Contractor Page 49 «Office» (for and on behalf of the Governor of Kerala)
other officer or officers authorized by the PW/ Water Resources Department and after giving due notice to the Contractor. The decisions taken by such authority officer or officers shall be final conclusive and shall be binding on the Contractor. 4. The Contractor further agrees that any amount found due to the Govt. under or by virtue of this agreement shall be recoverable from the Contractor from his EMD and his properties, movable and immovable as arrears of land revenue under provisions of Revenue Recovery Act for the time being in force or in any other manner as the Govt. may deem fit in this regard. 5. The Contractor further assures that it is clearly understood that the settlement of claims either by part bills or by final bill will be made only according to the availability of budget provision and allotment of funds made with the Divisional Officer in charge of the work under the respective heads of account in which the work is sanctioned and arranged and also subject to the seniority of such bills. No claims for interest or for damages whatsoever shall be made for the belated settlement of claims of bills. 6. The decision taken by the Accepting Authority shall be final and conclusive and shall be binding on the Contractor.
IN WITNE““ WHE‘E OF “H‘I ...... (H.E. the name of the officer of the Department) for and on behalf of the Governor of Kerala and Shri...... the Contractor have set their hands on the day and year first above written. Signed by Shri...... officer/officers of PWD in the presence of witnesses. 1...... 2...... “ Contractor) in the presence of witnesses. 1......
2......
Superintending Engineer Contractor Page 50 «Office» (for and on behalf of the Governor of Kerala)
KERALA PUBLIC WORKS DEPARTMENT
FORM OF TENDER
G. W. D. 84
Division: Kuttanad Development Division, Thanneermukkom
Subdivision : Kuttanad Development Sub Division, Thanneermukkom.
Name of work. Modernization of Thanneermukkom Bund to manage salinity and minimize ecological decay Construction of central portion of Thanneermukkom barrage (3rd stage works)..
-
Date of issue ......
Name ......
Address of Tenderer
......
Superintending Engineer Contractor Page 51 «Office» (for and on behalf of the Governor of Kerala)
KERALA P. W. D. Specifications P ART I - GENERAL The rates tendered by a Contractor for the work shall include the cost of -
(a) All labour and supervision thereof, all materials, tools implements and plant of every description, adders, cordage, tackle etc., as well as the provision of safe and substantial scaffolding required for the proper execution of the work in conformity with the specifications for the various items of works;
(b) Supplying the requisite agency with necessary equipments, to set out the work as well as to afford facilities for such examination of the work as the Departmental Officers may at any time consider desirable, as also to count, weight and assist in the measurement or check measurement of the work or materials;
(c) Providing and maintaining all temporary fences, shelters, lights, watchmen and danger signals and such other precautions as are necessary for the protection of the work or materials, as well as to protect the public and those connected with the work from accidents at the site, or on account of the work;
(d) All sheds, mortar mills and mixing platform of every kind required for the proper execution of the work according to the specifications;
(e) All fees and royalties of materials; and
(f) Finally clearing away of all rubbish surplus materials, plants, etc, on completion of the work and dressing and levelling off and restoring the site to a tidy condition prior to handing over the work to the Division Officer or his authorised assistant and also its maintenance until so taken over.
2, In the case of supplies of materials such as rubble, broken stones, gravel, sand, etc., which may have to be measured prior to being used on the work, the Contractor must always stack or arrange them neatly on level ground or on ground cleared and levelled by him for the purpose in such manner as may be ordered by the Officer-in-charge so that they may be easily susceptible of inspection and measurement, the cost of such clearing, levelling and stacking or arranging being included in the rates for work. Each stack must be straight and of uniform section throughout and of the dimensions specified by the Officer-in-charge. Materials not stacked or arranged in accordance with instructions issued will not be measured and paid for.
3. The Contractor shall be bound to bear the expense of defense of any action or low proceedings that may be brought by person for any injury sustained owing to neglect of above precautions in connection with the execution of the work, and to pay damages and cost which may be awarded in consequence.
4. The Contractor shall also help himself out of any difficulties of penalties arising from interference with private property in the execution of the contract.
5. The tenderer should state whether he has all the plant necessary for execution of the work. If in the opinion of the Division Officer, Contractor's own plant is neither sufficient not suitable for the proper execution of the work, the department may supply other available plant and recover reasonable hire for the same. The Division Officer's decision in the matter shall be final and binding on the Contractor.
6. The Contractor shall bear the running expenses inclusive of pay of the department staff attached of such plant and cost of repairs of all Government plant wile in his possession on hire as also the cost of restoring the same in good condition at the time of return, due allowance being made for faire wear and tear.
7. All materials and plant that are to be made over to the Contractor by the Department shall be handed over to him at the Division Office or store Yards at Division headquarters or the P W D General Stores Thiruvananthapuram and the charges, for their handling, loading and unloading and conveyance to and for the respective work as also for stacking the materials neatly and in regular heaps on the ground or sheds to which they are brought, shall be deemed to be included in the rates for the work.
Superintending Engineer Contractor Page 52 «Office» (for and on behalf of the Governor of Kerala)
8. Unless otherwise specifically provided for in the contract, the Contractor shall at his own cost keep all portions of the work free from water whether due to springs, soakage, or inclement weather and in a neat and sanitary condition and shall also see that drainage and sewage are prevented from entering the site of work or accumulating therein.
9. The Contractor shall be responsible for the proper use and bear the cost of protection of materials made over to him by the Department for use on the work and bear any loss from deterioration or from faulty workmanship or any other cause. The cost of materials thus allowed to deteriorate amounting as it does to an excess issue over sanctioned quantities, will be recovered at rates 20 per cent over the actual cost. The orders of the Division Officer in the matter shall be final and binding on the Contractor.
10. The Contractor shall be responsible to see that the level or the pages, profiles, benchmarks, masonry pillars or other marks set up by the department for the guidance in the execution of the work are not disturbed, removed or destroyed. If any such marks are in the opinion of the division officer found disturbed, removed or destroyed, they will be replaced by the department at the cost of the Contactor.
11. Any materials brought to the site of work or any work done by the contractor but rejected by the officer in charge as being to the specifications shall n the case of materials supplied be then and there removed from or broken up at the site of work, and in the case or work done be dismantled or rectified at the expense of the contractor as may be ordered by the office in charge.
12. In all cases, whether so specified in the control or not, the work shall be executed in strict accordance with the uch further drawing and specifications and orders as may from time to time be issued by the Division office.
13. Whenever the contractor is ordered by the division officer or his authorized assistants or subordinate to execute any item of work which is n and to see that it is written in the work spot order book (which shall be provided by the division officer and kept in the work by the subordinate in charge) and that this order is initialed and dated by the contractor and the officer ordering the particular item of work. For any extra item executed by the contractor and not so entered in the work spot order book and initialed both by the contractor and departmental officer ordering such extra item that the contractor shall have no claim for extra payment.
14. Any dispute or difference that may arise between the Division Officer and the Contractor on account of the Contract shall at the instance of either party be referred to the Chief Engineer, Kerala PWD, whose decision given in writing shall be final, conclusive and binding. The Division office may at his discretion delegate in writing, to any of his subordinates any of his powers regarding these specifications.
15. Arbitration shall not be a means of settlement of any dispute for claims arising out of the contract. (As per GO MS NO. 10/85 /PW&T dated 27.01.1986 and GO MS NO. 150/86/PW&T dated 11.11.1986).
Specifications
Part II. Materials
Part III. Work
(As current in the Kerala Public Works Department)
Signature of Tenderer Superintending Engineer, Kuttanad Development Circle, Date. Kottayam.
Superintending Engineer Contractor Page 53 «Office» (for and on behalf of the Governor of Kerala)
KERALA WATER RESOURCES DEPARTMENT
FORM OF TENDER Form no. 84 Name of work: Modernization of Thanneermukkom Bund to manage salinity and minimize ecological decay Construction of central portion of Thanneermukkom barrage (3rd stage works).
To The Governor of the State of Kerala Sir, 1. I/We hereby tender to execute the works enumerated in the schedule accompanying in accordance with the force in Kerala Public Works Department. 2. Copy of the specifications duly signed is also enclosed. 3. I receipt of order to start the work and/or in the case of piece work maintain the minimum rate of progress specified in the tender schedule. 4. I/we Do/Do not agree to accept and carry out such portion of the work included in my / our tender as may be allotted to me / as is the whole work be not given to me/us. 5. In consideration of I/we being registered as a contractor in the Kerala PWD and invited to tender. I/we agree to make any modifications in its terms and conditions which are not acceptable to Government. 6. I/We agree that Arbitration shall not be a means of settlement of any dispute for claims arising out of the contract. A ‘ T ‘ a scheduled bank as earnest money. If I/we fail to keep the tender open as aforesaid or make any modifications in that terms and conditions of the tender which are not acceptable to Government OR If after the tender is accepted I/We fail to execute the agreement as provided in clause 13 of tender notification or to commence the execution of the work as provided in the conditions, I/We agree that Govt. shall without prejudice to any other or remedy at liberty to forfeit the said earnest money absolutely and also recover from me/us the entire loss that may by caused to the Government by the retender or rearrangement of the work or otherwise under the provision of the Revenue Recovery Act or otherwise.
Encl. Usual signature of tenderer 1. Tender schedule Full name 2. Earnest money Rs. Nationality 3. Signed copy of specification Place of residence 4. Signed copy of plan Date of submission
Superintending Engineer Contractor Page 54 «Office» (for and on behalf of the Governor of Kerala)
Tender schedule N.B. 1. All rates to be inclusive. 2. Rates to be entered in words in remarks column. 3. The amount of tender schedule be filled up and totaled by Sub-heads by the tenderer excepting for items for which definite quantities are not given in the schedule.
Approximate quantities Description of items of work Unit Tendered Amount Remarks inclusive rate Rs. (Here enter rate in Name of Estimate Quantity per unit words) appendix item no. Rs.
1 2 3 4 5 6 7 8
Superintending Engineer Contractor Page 55 «Office» (for and on behalf of the Governor of Kerala)
Approximate quantities Description of items of work Unit Tendered Amount Remarks inclusive rate Rs. (Here enter rate in Name of Estimate Quantity per unit words) appendix item no. Rs.
1 2 3 4 5 6 7 8
Carried over
Superintending Engineer Contractor Page 56 «Office» (for and on behalf of the Governor of Kerala)
Approximate quantities Description of items of work Unit Tendered Amount Remarks inclusive rate Rs. (Here enter rate in Name of Estimate Quantity per unit words) appendix item no. Rs.
1 2 3 4 5 6 7 8
Brought forward
Grand total
N Signature of Tenderer A D
Signature Not Verified Superintending Engineer Contractor Page 57 Digitally«Office» signed by Rajsekhar Mahadevan (for and onDate: behalf 2013.11.16 of the Governor 14:31:04 of Kerala) IST Location: Kerala