GOVERNMENTOF KERALA IRRIGATION DEPARTMENT KPIP Sub DIvisionNo:1, Ottapalam.

TENDER DOCUMENTS FOR E-TENDERING

Name of work:- KPIP-AM-Urgent rectification works to kuruvattoor distributary at ch. 1600 and at breached portion Ch 2 .600km .

Tender no.88/ET/AEE/KPIP/OTP/ 201 9-20

CONTENTS

1. Form No.83

2. Form No.84

3. Preliminary Agreement Format

Contractor Assistant Executive Engineer Page 2

KERALA IRRIGATION DEPARTMENT DESCRIPTIVE SPECIFICATION

Name of work: KPIP-AM-Urgent rectification works to kuruvattoor distributary at ch. 1600 and at breached portion Ch 2.600km Sl. No. Description of materials Source Approximate Distance km

6. Clay 7. Timber log 8. Timber scantl 9. AC sheet 10. Coal tar 11. Coconut post 12. Brick 13. Other 14. Sand for filling

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. Des cripti on of Uni t of Rat e of Su pply or Pla ce of de partm ental No. item. Calculation delivery. Delivery

Contractor Assistant Executive Engineer Page 3

DECLARATION

I do here by 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 9,13 and 24 of form.No.83 and Clause14 of Form.No.84 and I do here by admit that these conditions are binding on me and I shall abide by the terms and conditions as stipulated there in respect of the work.

I am enclosing preliminary agreement form in stamp paper worth Rs.200/

Place: Ottapalam Signature:

Date: Nameof Bidder :

Address:

Contractor Assistant Executive Engineer Page 4

TENDER AND BIDDERS CERTIFICATE

I here by declare that I have perused in detail and examined closely the Madras Detailed Standard Specification, 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 clause73and other clauses relating to arbitrations contained there in.The guarantee period as per G.O.(MS)No. 73/2013/PWD dated 31/08/2013is noted by me for this work,

Place: Signature:

Date: Nameof 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.

AFFIDAVIT

All the conditions specified in the form No.83 and 84 and special condition in theuploaded tender documents and conditions in GO(MS) No.2/2005/PWD dated 7/1/2005 andother subsequent government orders have been read by me and are agreeable.

Contractor Assistant Executive Engineer Page 5

KERALA IRRIGATION DEPARTMENT

G.W.D. Form No. 83 e-Government Procurement (e-GP)

TENDER DOCUMENT FOR E TENDERING

Name of work: KPIP-AM-Urgent rectification works to kuruvattoor distributary at ch. 1600 and at breached portion Ch 2.600km Locality: Chalavara

Last date of tender: 20-04-2020, 4.00 pm

Assistant Executive Engineer, Contractor KPIP Sub Division No:1 Ottapalam, Kerala Page 6 (for and on behalf of the Governor of Kerala)

KERALA IRRIGATION DEPARTMENT NOTICE INVITING TENDERS FOR WORKS Form No. 83

1. (a) Online tenders are invited for and on behalf of the current schedule of rates and for percentage rate contract only a Governor of Kerala only from registered Class DContractors and single rate as an overall percentage above or below or at the rate above approved by Irrigation Department for the work of KPIP-AM- given in the schedule by a single entry at the bottom of the schedule Urgent rectification works to kuruvattoor distributary at ch. under, the head quoted rate may be made. The rates quoted shall be 1600 and at breached portion Ch 2600km inclusive ones; covering all the operations contemplated in the specifications and tender schedules and all incidental work necessary for such operations such as shoring, bailing out work, scaffolding, (b) The tender document(s), may be downloaded free of cost 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’s 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 b. The percentage rate accepted and specified in the the e-GP website. All bids shall be submitted online on the agreement shall not be varied on any account whatsoever. e-GP website only in the relevant envelope(s)/ cover(s), as 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. i. If the quoted rate for a work is below 50%, it will be (d) The e-GP system shall not allow submission of bids online rejected. after the stipulated date & time. The bidder is advised to submit the bids well before the stipulated date & time to ii. If the rate quoted by the contractor is between 25% 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 possess valid & released after satisfactory completion of the work. active registration, on the date of bid submission, are iii. No interest, in any circumstances, shall be payable by the strictly advised to refrain themselves from participating in department to the bidder for the EMD/ security deposit/ this tender. If such instances are noticed, the same shall performance guarantee furnished. be treated as “fake bidding” by the respective bidder and 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 4. (i) Tender duly signed using bidder’s valid Digital Signature (DSC), accept that they have clearly understood and Certificate shall be submitted online on e-GP website agreed the terms and conditions including the Form/ Annexures of this tender. www.etenders.kerala.gov.in on or before 20-04-2020, 4.00 pm. Th e 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 25.04.2020 11.00 am by the Assistant Executive designated place, shall disqualify the bid and the bid shall Engineer, KPIP Sub DIvision No:1,Ottapalm, 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 The total amount of each tender will be read out. There is no than one work with the earnest money deposit specified in each provision for correction of bids once submitted online. However, case, but shall not tender for any part of a work only, unless multiple bids can be submitted by the bidder, in case of corrections, specifically so required. till the last date & time of bid submission and the most recent/ latest 3. All works shall be done in conformity with the specifications bid submitted before the stipulated date & time of bid submission and conditions of contract in force in the P. W. D. In case of schedule shall only be considered by e-GP for further processing. Details of rate contract, bidders must quote their own rates specifically for individual rates will be treated as confidential and will not be read each item without reference to the departmental estimates or' the out. Each online tender/ bid should be accompanied by a scanned copy of the Earnest Money Deposit (EMD) for ```Rs. 4550 /-drawn in

Assistant Executive Engineer, Contractor KPIP Sub Division No:1 Ottapalam, Kerala Page 7 (for and on behalf of the Governor of Kerala) favour of Assistant Executive Engineer KPIP Sub DIvision No:1, 8. The bidder shall examine closely the Madras Detailed Ottapalam (Designation & Address of Tendering Authority). The Standard Specifications, and also the standard preliminary earnest money may be produced in one or other of the following specifications contained therein which is available for viewing on forms:- the e-GP website and PWD Website before submitting his tender. He shall also carefully study the drawings and additional specifications and all the documents which form part of the agreement to be (a) Chalan receipt from a Government Treasury. The chalan will entered in to by the accepted bidder. The documents connected with be countersigned by an authorised departmental Officer in the the contract such as specifications, plans descriptive specification office of the tendering authority. sheet regarding materials etc., can also be seen during the office (b) Draft on a Scheduled Bank payable to the officer who has days & hours in the Office of the Assistant Executive Engineer KPIP invited tenders Sub Division No:1 Ottapalam (c) Deposit-at-call on a Scheduled Bank assigned in the favour of 9. The tenderer's attention is directed to the requirements for the Government of Kerala. materials under the clause "Materials and Workmanship" in the "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 (ii) The bid submission fee for Rs. 555 ///-/--- +++ (12% GST) and EMD inspect the site of the proposed work. He should also inspect the for Rs. 4550 ///-/--- sha ll be submitted by online only. The bid quarries and satisfy himself about the quality and availability of submission fee is not refundable under any circumstances. (refer materials and satisfy himself the available space for dumping excess GO (MS) 13/2013/ITD date 09.05.2013). earth if any. The names of quarries, kilns, etc. where-from certain 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 Assistant Executive Engineer envelope, containing the original Preliminary Agreement, proof in any case, shall be submitted for the Assistant Executive Engineer's for bid submission fee & EMD/ bid security and the attested approval before the supply to site of work is begun. If the Contractor copy of valid and active Registration Certificate, should reach the after examination of the source of materials defined in the tender inviting authority on or before the date & time fixed for Descriptive Specification Sheet, is of opinion that materials submitting the same, failing which, the bid is liable to be complying with standard or other specifications of the contract rejected. The department shall not be responsible for any cannot be obtained in quality or sufficient quantity from the source postal/ courier service delay or any other delay. defined in the Descriptive Specification Sheet, he shall so state clearly in his tender and state wherefrom he intends to obtain the Bidders, who have secured exemption from individual EMD materials subject to the approval of the Assistant Executive Engineer. payments, need not do this except when special Earnest money is The Government will not, however after acceptance of a contract asked to be deposited. Such EMD exemption certificate/ document rate, pay any extra charges for lead or for any other reasons, in case needs to be scanned and submitted online along with the bid, failing the Contractor is found later on to have misjudged the materials which, the bid shall be rejected summarily. The original EMD available. Also the Contractor should ensure the availability of exemption document may have to be produced, if required, failing dumping space for dumping the excess cut spoil if any before quoting which, the bid shall be rejected summarily. his rates in the tender. Attention of the Contractor is directed to the 5. Selected Contractor will be required to produce Income Tax, Standard "Preliminary Specification" excluding clause 73 and other Agricultural Income Tax and Sales-Tax / VAT clearance certificates clauses relating to arbitration therein regarding payment of before final payment is made for the work, and before security seigniorage, tolls etc. deposits released. Note: The department does not undertake to construct or make 6. The bidder must attach the scanned copies of solvency available any approach road or other means of approach to certificates clearly indicating to what extent they are solvent from the proposed work site and the tenderer shall get acquainted the Tahsildar of the Taluk where they reside along with their online with the available means of approaches to the proposed site tenders. The bidder shall produce the original copies of the above and quote for the various items. The department shall not be solvency certificates, in physical format, if required by the liable for any claim raised later on the plea of non-availability department for verification. or no-access to the site. 7. The bidder must attach the scanned copy of the recent 10 (A). The Contractor will examine the site condition and return statement filed by the bidder before the appropriate Income satisfy themselves of the availability of materials at nearby places, tax authority along with their online tenders. The bidder shall difficulties which may arise during execution etc., before submitting produce the necessary income tax documents, if required by the tender for the work. department for verification. (As per G.O. (P) no. 84/97 PW&T dated 19.08.1997 and G.O. (P) no. In the case of proprietary or partnership firm it will be 68/99/PWD dated 14.07.1999 and Govt. letter no. 3157/P2/98/IRD necessary to produce the certificate aforementioned for the dated 21.10.1999) 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:- All bids received without the scanned copy of certificates 1. Test, inspection and rejection of defective materials and mentioned at point 6 & 7 above will be summarily rejected. work. 2. Carriage. 3. Construction Plant.

Assistant Executive Engineer, Contractor KPIP Sub Division No:1 Ottapalam, Kerala Page 8 (for and on behalf of the Governor of Kerala)

4. Water and Lighting. competent departmental officer or as set forth in the conditions/of 5. Cleaning up during progress and for delivery. contract. The bidder will however base this tender amount in the 6. Accidents. case of lump sum tender on the basis of those quantities, etc. 7. Delays. 17. Tender forms and general specifications can be 8. Particulars of payment. downloaded free of cost from the e-GP website. Tenders not The Contractor should closely peruse all the specification submitted in such prescribed online format or submitted incomplete clauses, which govern the rates, which he is tendering. in any respect whatever such as unattested errors and corrections in rates, quantities, units or amounts (figures not expressed in words), 12. In consideration of the tenderer being allowed to quote for totals of contract not entered, etc, shall be summarily rejected. the work, he should keep the tender firm for a period of 60 days fr om the date of opening the tender during which period or till 18. The Earnest Money Deposit of the unsuccessful tenderers the tenders are decided whichever is earlier, he will not be free to will be refunded immediately after tabulating the tenders, keeping only the earnest money of the first 3 lowest tenders. withdraw the tender. Any such withdrawal will entail forfeiture of the earnest money deposited for the work. The EMD of the remaining unsuccessful tenderers will also be refunded within a week from the date of acceptance of the tender. Due to departmental or administrative reasons it is found necessary to keep tender open for a further period, prior consent of the tenderer shall be obtained in writing for every further period of 19. Solicitors' fee, if any, to be paid to the Law Officers of one month. Government for scrutinizing or drawing up of agreements will be paid and the same recovered from the successful tenderer.

13. Deleted and substituted as follows GO (P) No. 03/2015/Fin 20. In case of any additional remarks the bidders must dated TVPM 05.01.2015. attach/upload a pdf file along with online financial bid. If they are prepared to carry out at their tendered rates such portion or Before commencing work or within a week after the date portions of the work as may finally be allotted to them by the Officer when the acceptance of tender has been intimated to him, the deciding tenders. tenderer shall deposit a sum, which together with the Earnest Money Deposit shall make up 5% (five) of the probable value of Note:- The department reserves the right to allot such portion contract, and shallbe treated as security for the proper fulfillment of of the work included in the tender at the rates quoted by the same and the tenderer shall execute an agreement for the work the tenderer in the absence of specific noting by the in the P. W. D. schedule form. If he fails to do this or in the case of tenderer to the contrary against clause 4 on page 5 of P. W. D. contract fails to maintain a specified rate of progress (to be tender (G.W.D. form 84). Such allotment shall not vitiate specified in each case in the tender schedule) the earnest money the acceptance and the tender shall indemnify and security deposit shall be forfeited to Government and fresh Government against any loss to Government, due to tenders shall be called for or the matter otherwise disposed off. If failure on the part of the tenderer to carry out such as a result of such measures due to the default of the tenderer to portion of the work allotted to him at the rates quoted by pay the requisite deposit, sign contract or take possession of the him. work, any loss to Government results, the same will be recovered from him as arrears of Revenue, but should it be a savings to 20. (A). The successful tenderer will have to carry out 25 Government, the original Contractor shall have no claim whatever percentage more of the estimated quantity of every item at his to the difference. Recoveries on this or any other account will be quoted rates. made from the sum that may be due to the Contractor on this or The Contractor is bound to carry out sinking of wells for an any other subsisting contracts or under the Revenue Recovery Act, increased depth up to 10 meter (ten meter) beyond the or otherwise the as Government may decide. estimated design depth and rate for which shall be paid as Note;- The security deposit for the work should be made with the per schedule of rate and extra item conditions. In case of Treasury Savings Bank account, the pass book of the Treasury pile foundations, precast or cast in situ, the same Savings Bank account, Bank Guarantee ( 50% must be in the conditions as above shall apply. form of Treasury Savings Bank/ Treasury Deposit) should be pledged in favour of the Assistant ExecutiveEngineer and 21. Any further information necessary can be obtained at the produced while executing agreement. Investment in Treasury Office of the undersigned on all working days during office hours. Savings Bank/ Kerala Bhadrata or National Savings Certificate or Post Office Time Deposit or Kissan Vikas Patra will alone be The work should be completed in all respects in 60days from treated as acceptable form of security the date of order to start the work is issued 14. The acceptance of the tender rests with the Assistant 22. Substitution Executive Engineer, KPIP Sub DIvision No:1, Ottapalam, Execution of agreement for works will be made within the time Kerala who does not undertake to accept the lowest or any limit prescribed as follows:- particular tender. 15. The right to carry out the work either in conformity with a) The time allowed for executing Agreement without fine or in a manner entirely different from the terms of this invitation will be 14days (Forteen days) from the date of that may be considered most suitable before or subsequent to the Registration of the communications (Selection Notice) in receipt of tenders due to exigencies of work, is reserved with the the post office. Department. b) Further time of 10 days shall be allowed to execute agreement by realizing a fine of 1% of the PAC subject to 16. Schedule of quantities, specifications of work to be done a minimum of Rs. 1000 /- (One Thousand only)maximum and conditions of contract to be entered into can be seen on the e- of Rs. 25,000 /- (Twenty Five Thousand only). GP web site. It shall be definitely understood that the Government c) Tenders will be rejected if agreement is not executed does not accept any responsibility for the correctness or within 30 days and work will be awarded to the next completeness of the schedule that the schedule is liable to alteration lowest tenderer as per rules. by omissions, deductions or additions at the discretion of the

Assistant Executive Engineer, Contractor KPIP Sub Division No:1 Ottapalam, Kerala Page 9 (for and on behalf of the Governor of Kerala)

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 Assistant Executive Engineer claims extras to, or applying the tender deduction except on cost of deductions 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 Assistant (iv) In the case of additional items, the rates shall be arrived Executive Engineer claims final measurements and the quantities of at on the basis of the departmental data rates current at the remaining items in Schedule A shall be accepted as correct. The the time of ordering the extra item or the date of lump sum amount mentioned in the agreement will then be varied commencement of the extra item, whichever is earlier, by 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 authorized 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 schedule, plans or specifications will be treated as “extras”. They will 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 the term “Departmental data rate” appears, it 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’s 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 upto 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 (ii) In the case of extra items whether altered or substituted, measurement book. He shall neither enter any rate for the for which similar items exists in the contract, the rates same in the measurement book nor include such extra items shall be derived from the original item by appropriate in the body of the bill. When the bill is received in the sub adjustment of cost of affected components. The division, the sub divisionofficer shall prepare a separate percentage excess or deduction of the contract rate the statement for those extra items showing the items original item with reference to the departmental executed, quantity of each item, rate for each item worked out by him based on the agreement conditions and amount for each item in the basis of the rate worked out by him. He

Assistant Executive Engineer, Contractor KPIP Sub Division No:1 Ottapalam, Kerala Page 10 (for and on behalf of the Governor of Kerala)

shall also furnish a certificate to the effect that he has 30. The Contractor will be exempted from payment of personally examined all the extra items and they are seigniorage for rubble and metal quarried from P.W.D. quarries bonafide, the amount payable to these items will not be less exclusively for P. W. D. work. If the P. W. D. quarries are not situated than the rate arrived at as per rules and that there is no within a convenient distance from the site of the work, the objection in paying 75% of this amount as secured advance. Contractor's quoted rates shall he inclusive of seigniorage, ground On receipt of the bill with the above statement and rent etc., that may be payable to the owners of private quarries. certificate, the division officer may make payment not exceeding the amount recommended by the Sub division 31. In making payment the total amount of the bill will be officer as a lump sum secured for the work done but not rounded off correct to the nearest Rupee. billed for. 32 (a) When power rollers (which term includes steam and 23 (B). In the case of earthwork for foundation footings, Diesel Rollers), are hired out to Contractors, hire charges for the drains, trenches, the payment shall be made based on tape rollers (which include cost of lubricating oils, grease, small stores and measurements. However if the quantities exceed 300 cu m, establishment charges, but exclude cost of fuel), shall be recovered measurements shall be given in levels. at the rate of ` --/- per day of eight hours for the full period the 24. Arbitration.- roller is hired out to the Contractor, including non-working days except for authenticated periods of breakdown of the roller for the Deleted and substituted as follows. full working hours of a day; that is 8 hours from 8 a.m. to 5 p. m. (including one hour's interval for lunch) and for Sundays and other Arbitration shall not be a means of settlement of any dispute or public holidays, if there is no work on these days. claim arising out of the contract relating to the work. All disputes and differences arising out of the contract, that may be executed in The daily rate of hire fixed by the Chief Engineer shall be for a pursuance of this notification shall be settled only by the Civil Court day of 8 hours or part thereof, between 8 a. m. and 5 p. m. with one in whose jurisdiction the work covered by the contract is situated or hour's interval for lunch. in whose jurisdiction the contract was entered intoin case the work extends to the jurisdiction of more than one court (as per GO (MS) (b) If there is work on Sundays and other public holidays, the 53/88/PW&T dated 30.09.1988). hire charges for the rollers, shall be recovered at the rate of 1. 20 times the rate for normal working, days. 25. The Contractor shall not without the previous sanction in writing of the authority accepting the tender, execute any power of (c) When power rollers are worked an any day in excess of eight attorney in respect of any matter, touching this contract, and any hours (that is outside the normal working day between 8 a. m. and 5 such power of attorney executed without such sanction shall not be p. M.) hire at the rate of 1.20 times the hourly rate applicable for recognised by or be binding upon Government or their Officers. It that day (based on the rate for 8 hours) shall be levied for every shall be entirely within the discretion of the authority accepting the extra hour or part thereof. tender either to grant such sanction or to refuse it or to revoke a (d) The average out-turn expected from a power roller for a day sanction once given. of 8 hours shall be fixed by the Chief Engineer (Buildings & Roads) for 26. No part of the contract shall be sublet without written the various items of road work. A variation of plus or minus 12 ½ % permission of the Assistant Executive Engineer nor shall transfer be may be allowed to this average. If the daily out-turn from the roller made by power of attorney authorising other to receive payment on falls outside the permissible variations, the Contractor shall be the Contractor's behalf. charged at one and a half times the rate of normal hire for the day, specified for the roller concerned. 27. The Tender inviting authority or other sanctioning authority reserves the right to reject any tender or all the tenders without However, this clause shall not be applicable in cases where the assigning any reason thereof. variation is due to authenticated periods of break-down of the roller or inclement weather. 28. DELETED 32(A) In addition to the hire charges, necessary water, split 28. A. Supply of departmental materials firewood, diesel oil (fuel oil) or power line, as the case may be, required for the efficient working of the power roller, shall be Cement and steel will not be supplied departmentally in supplied by the Contractor at his cost. respect of works in which the estimate cost exceeds `.45 lakhs (TS powers of the Superintending Engineer). The Contractor will 32(B) The Contractor will arrange road roller by himself if not purchase the same and complete the work. They will also establish supplied by the department. laboratory facilities for testing the quality of the materials at their cost. 32 (C) When the departmental hot mixing plants are hired out For works costing up to Rs.45.00 lakh (The T.S. power of the to be contracts hire charges (which include cost of lubricating oils, Superintending Engineer),cement and steel will be supplied gross small stores and Establishment charges but exclude cost of departmentally. If cement, steel and bitumen are not available in fuel) shall be recovered at …………….. per day of eight hours for the departmental stores, the Contractor will be bound by agreement to full period of the plant hired to the bidders including non-working purchase the same from open market and complete the work as per days except the authenticated period of breakdown of the plant for the time schedule fixed. In such cases the Contractor will be paid the the full working hours of the days ie., 8 hours from 8 am to 5 pm market price of the materials and conveyance at market rates to the (including one hour interval for lunch) and for Sunday and other nearest available source as fixed by the Executive Engineer public holidays if there is no work in these days. (Buildings) of the concerned District as prescribed in the G.O (P) 32 (D) When departmental road roller and sprayer are hired 558/97/Fin dated 03-06-1997 (para iii a). out to the bidder, hire charges which include cost of lubricating grease, small stores and Establishment charges but exclude cost of 29. Any other materials available in Departmental stores if fuel) shall be recovered at `.………. per day for roller and `.…….. per issued to the Contractor will be recovered at book value or issue rate day for sprayer of eight hours for the full period of the plant hired to plus 20% supervision charges or market value or data rate whichever the bidders including non-working days except the authenticated is higher. The fixing of market rate will be governed as per clause 33. period of breakdown of the plant for the full working hours of the days ie., 8 hours from 8 am (including one hour interval for lunch)

Assistant Executive Engineer, Contractor KPIP Sub Division No:1 Ottapalam, Kerala Page 11 (for and on behalf of the Governor of Kerala) 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 addition specific penalty rate stipulated by the department market The Contractor will also be liable to abide by the fair wage value will be the retail selling price of the materials in the locality of clause condition attached separately. 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 Assistant Executive Engineer shall obtain returned to the departmental stores. Value of empty cement bags the information and record within seven days of such issue, sending will be recovered at rates fixed by the Department from time to a copy to the Contractor. The decision of the Chief Engineer time. regarding the current market rates shall be binding on the contractor. 39. If the department undertakes to supply particular materials no claim for extra payment on account of delay in the supply of Unused balance if any at the time of completion or termination these materials will be entertained. of the contract will not be accepted by the department. The cost of 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 42. The Contractor shall employ engineering personnel as if the excess is more than this, it will be transferred to other detailed below for a period of one to two years according to the works as early as possible, subject to the condition that the tenure of the contract paying remuneration as per prevailing SOR to quantity of cement is ensured by the responsible officer not the Engineering Graduates and Engineering Diploma holders below the rank of Assistant Engineer before utilizing it on respectively. the work for which it is transferred. Cost of work executed No. of personnel to be 2. In the case of excess iron and steel rods, recovery or cost will employed be affected at agreement rates. If the excess is 3% of the One Civil Engg. Diploma total quantity of iron or steel materials used, and recovery of For works costing from `.10 holder cost of iron or steel materials in excess of 3% limit will be lakhs up to `. 20 lakhs affect penal rates if the excess is not due to any change in For works costing above `. 20 One Civil Engg. Graduate design or abandoning a part of the work. lakhs. For prequalification works One Civil Engg. Graduate 3. The materials will be issued to the Contractors only for and One Civil Engg. meeting the actual requirements so that large excess do not Diploma holder occur at the time of completion of the work.

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 44. This tender notice with the conditions stated herein will work. Relationship in this will be restricted to father, mother, son, form part of the contract documents. daughter, brother, sister, direct uncle, nephew, father-in-law, brother-in-law, mother-in-law, sister- in-law, and first cousin of the 45. In the case of schedule contracts, when the rate quoted for officer concerned. If the above condition is found to have been a particular item in figures and words disagree, the rates quoted in contravened, when they tender the earnest money security deposit words will be taken for the purpose of the settlement of the of the tenderer /tender will be forfeited and the contract entered contract. The Contractor is bound to accept these rates if the into will stand cancelled. 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 suggestions/ remarks etc. to be given by the bidder has to be made concerned Overseer in charge of the work will verify the stock and only in the “Remarks” page/ section of the online bid. initiate action if shortage in stock is noticed. Other inspecting officers 47. In the case of the percentage rate contract, the overall will also verify the stock during inspection. percentage rate quoted by the Contractor shall not be varied on any 36. In case of schedule rate contract, if different rates are account whatever and it shall hold good for all items done quoted for the same specification of work under identical working irrespective of the variations in quantities.

Assistant Executive Engineer, Contractor KPIP Sub Division No:1 Ottapalam, Kerala Page 12 (for and on behalf of the Governor of Kerala)

48. The quantities provided for the schedule may vary widely from the payment for the work. No claim on this account will be and Contractor should be prepared to do any excess over up to 25% entertained. of the schedule quantities at his quoted rates for the work. 53. G.O (P) no. 84/97/PW&T dated 19.08.97 and G.O. (P) no. The specification issued by the Chief Engineer, General in 13/03 /PWD dated 27.01.2003 will form part of the contract. circular No. O&M(1) 240/89 dated 11-2-1988 shall also be referred to for the road works. In case of any conflict between the provisions of 54. The Contractor further assures that it is clearly MDSS and the above circular order the latter shall prevail. understood that the settlement of claims either by part bills or by final bill will be made only according to the availability of budget 49. It shall be accepted as a condition of contract, that the provision and allotment of funds made with the Divisional Officer in landed property or bank deposit based on which the solvency charge of the work under the respective heads of account in which certificate was issued by the revenue department and produced the work is sanctioned and arranged and also subject to the seniority during the time of registration will not be alienated during the period of such bills. No claims for interest or for damages whatsoever shall of contract without the permission of Government vide GO(P) no. be made for the belated settlement of claims of bills. No such claims 136/74 /PW dated 08.08.1974. shall be admitted by the Government.

49 (A) Extension of time of completion and fine 55. Amendment/ Corrigendum publication on e-GP website. All amendment(s)/ corrigendum(s) shall be published on the e-GP

a. The tendering authority will consider genuine request for website and bidders are advised to check the website regularly for extension of time of completion of work at the time of the same. The department shall not be responsible for bidder’s executing agreement taking into account the climate negligence in checking the website regularly for any updates on this conditions or other local problems at the site. and grant tender. extension of time up to three months. The extension of Time of Completion that can be granted at a time shall not exceed 25% of original time of completion or Six months

whichever is less. The grace period will not be granted if the extension is necessitated due to the default on the part of Assistant Executive Engineer, the bidder. KPIP Sub Division No:1 Ottapalam, Kerala (for and on behalf of the Governor of Kerala) 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 Extension 1% of PAC subject to a minimum of Rs. 1,000/- and maximum ofRs.50,000/- Beyond first Extension 2% of the PAC subject to a minimum of Rs. 2,000/- and maximum of Rs. 1,00,000/ - 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 Estimate PAC subject to a maximum of Rs. 4 lakhs (Four lakhs) for completion of work within the prescribed time limit in case of works which exceed TS power of Superintending Engineer (i.e., above `.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.

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 deduction/addition due to the short/excess conveyance will be made

Assistant Executive Engineer, Contractor KPIP Sub Division No:1 Ottapalam, Kerala Page 13 (for and on behalf of the Governor of Kerala)

SPECIAL CONDITIONS agreed rates for such items and as per condition No.10 above for extra items but such payment will be limited to the lump sum quoted Name of work: KPIP-AM-Urgent rectification works to by the Contractor. If he fails to quote definite LS rates for such items, kuruvattoor distributary at ch. 1600 and at breached portion the LS amount provided in the schedule will be operative in his case. Ch 2600km 12. Roofing tiles, hip tiles, wire cut bricks, surki etc. required for 1. All works shall be done in conformity with the specification and the work should be purchased from suppliers approved by the Store condition in the contract in force in the P. W.D. and Irrigation Department. The tenderer shall quote only single rates as an overall Purchase Committee. percentage above/below/at the rate given in the schedule by a single 13. Procurement procedure for bitumen and cost of bitumen to entry at the bottom of the schedule under the head "quoted rate of be included in the preparation of estimate. As per G.O. the Contractor" by scoring out the irrelevant portion and attesting all (P)No.22/2004/PWD dated 21-2-2004 departmental supply of the corrections. The rates quoted shall be inclusive once covering all the operation contemplated in the specification and tender schedule bitumen will be dispensed with in the case of works costing above `. and all incidental work necessary for such operations such as 15.00 Lakhs and bidders are required to purchase bitumen by shoring, bailing, form work, scaffolding etc. The rate quoted shall be themselves and complete the works. It also been made clear that inclusive of all applicable taxes. actual cost of bitumen will be reimbursed and no tender excess will 2. The rates quoted by the Contractor for the various items be allowed. Bidders are required to purchase bitumen only from shall be inclusive of all tools and plants required for the proper BPC/KRL. execution of work and all other incidental charges and separate claim In order to have a uniform procedure, for preparing estimate for these will not be entertained under any circumstances. the following direction are issued for strict compliances by all 3. The quantities shown in the schedule are only approximate concerned. and are subject to variations and the Contractor is bound to do The cost of bitumen may be taken, as `.…….. for 80/100 grade, additional quantities of work if found necessary at his quoted rate. `.……… for 60/70 grade, `.………. for NRMB, `.……….. for Bitumen 4. All the rates quoted should be inclusive of sales tax /VAT Emulsion inclusive of Excise duty and Sales Tax, for packed bitumen also. for estimate purpose, bidders profit shall not be given on the cost of 5. Deleted bitumen, conveyance can be allowed. If bulk bitumen is used in the 6. The bidder has to quote for the specification and unit noted actual execution of the work, savings on this account shall not be in the schedule. All suggestions, remarks, corrections and insertions utilized for excess quantities / additional works etc. Bulk bitumen are only to be made only in the “Remarks” page/ section of the shall be used to the maximum extent. online bid. Any revision/ correction in price shall be made only by The requisition for purchase shall be placed through the way of submitting another bid, complete in all aspects as stated in Executive Engineer, concerned. this tender, on or before the stipulated date & time of bid The cost of bitumen is revised to `. ……… for 80/100 grade, submission. The contractor has to quote for the specification and `.…………. for 60/70 grade, `.………… for NRMB, `.…………. for Bitumen unit noted in the schedule. No correction of specification, unit or Emulsion with effect from ………………. as per G.O.Rt.No. quantity is admissible and if they make any correction in the ………………………….. specification, etc., the same will be rejected. 13(A). Penalty of Rs. …. Per 50 kg of cement and Tor steel at Rs. 7. Scanned copy of following documents shall be submitted …. Per kg, and at `. …. Per kg for copper sheet in addition to their along with the online bid in cover specified: value will be recovered if the balance cement, ms materials, Tor steel a). Bid Submission Fee and copper sheet are not returned to the store. b). Earnest Money Deposit (EMD) 14. Deleted. c). The Superintending /Executive Engineer PWD, 15. Deleted Government of Kerala attested bidder’s Registration Certificate with PWD 16. It will be the responsibility of the Contractor to obtain necessary land for stacking the materials for arranging the work. d). Bid Capacity certificate of the bidder 17. Metal of the required size alone should be brought to the e). Preliminary Agreement on a Rs .200 /- stamp paper. site of the work. Breaking boulders or rubble into metal will not be Stamp paper charges to be borne by the bidder himself. allowed either on or the side of the road. Metal should be stacked on f). Scanned copy of the EMD exemption certificate, if any one side of the road only and in such a way as not to cause any 8. Deleted hazards to traffic. The stacks should be formed as per the standard 9. The bidder should submit the declaration in the form profile current in the department. attached. 18. Granite stone metal supplied should be sound, hard, tough 10. The bidder is bound to carry out items of works which and durable, free from any decayed matter and of uniform colour are not expressly or impliedly described in the tender schedule and texture. Each piece should have sharp angular edges. The metal plans, specifications sand agreement but which are found should not also contain any quarry dust or earth. necessary for me proper completion of the work during execution, 19. Silicious gravel shall consist of only hard nodules not more the work during execution. payment for such extra items will be than 40mm or less than 6mm Dia, in any direction scraped from the made on the basis of extra item conditions vide clause 23 (c) of form hill sides and free from admixture of earth or laterite chips. No GWD 83. 20. Sand supplied should be clean, sharp and gritty to the 11. For LS items the Contractor will be paid only for the actual touch, free from clay and other impurities and obtained from quantity of work done or materials supplied and labour engaged at running watercourses.

Assistant Executive Engineer, Contractor KPIP Sub Division No:1 Ottapalam, Kerala Page 14 (for and on behalf of the Governor of Kerala)

21. Variation in supply in each 200 meter length exceeding 1 Public holidays if there is no work on these days. percent from the approved indent will not ordinarily be allowed. But The daily rate of hire fixed by the Chief Engineer shall be for a supplies above 1 percent over the stipulated quantity the particular day of 8 hours or part thereof between 8 a m to 5 p m with one hour 200 metre length may be accepted at the discretion of the Assistant interval for lunch. Executive Engineer and in that case each be paid at 3/4 of the agreed (b) If there is work on Sundays and other Public holidays the rate. Similarly if supplies fall short by more than 1 percent recovery hire charges for the rollers shall be recovered at the rate of 1.20 for this deficiency will be made at 1/4 of the agreed rates. Excess times the rate of normal working days- supplies or deficiency in supplies over 10 percent however will be (c) When power rollers, are worked on any day in excess of accepted only at the discretion of the Assistant Executive Engineer eight hours (that is outside the normal working day between 8 a. m. subject to its being penalised at half of the agreed rates. The and 5 p m.) hire at the rate of 1.20 times the hourly rate applicable maximum penalty shall however be limited to 10 percent of the for that day ("based on the rate for 8 hours,) shall be levied for every 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 the prevailing rate per bag will be recorded towards value with the or inclement weather. usual VAT. 32A. In addition, to the hire charges, necessary water, splitfire 25. Recovery for M.S. rods shall be effected at agreed rates for wood, diesel oil (fuel oil) or power, as the case may be required for the quantity actually used plus wastage, if any. The percentage of the efficient working of the power roller, shall be supplied by the wastage be fixed by the Assistant Executive Engineer, but at any bidder at his cost, rates if should not exceed 3 percent of the actual usage. 26. If the department undertake the supply of any materials, no 32 (B) Departmental Road Roller shall only be used for the claim of extra payment due to delay in supply of those materials will works. Bidders will be permitted to use road rollers from other be entertained. sources only in case where a departmental road roller in working 27. If materials other than those specified in the tender are condition is not available to be hired out therein. issued by the department, recovery will be effected at data rate plus 32 (C) When the departmental hot mixing plants are hired out storage plus sales tax or at current market rates at the time of issue to be contracts hire charges (which include cost of lubricating oils, whichever is higher. gross small stores and Establishment charges but exclude cost of 28. Hire charges of tar boiler and sprayer if supplied fuel) shall be recovered at `…………….. per day of eight hours for the departmentally will be recovered at `. 5.00 per day for the whole full period of the plant hired to the bidders including non-working period they are in the custody of the Contractor. days except the authenticated period of breakdown of the plant for 29. Machinery like concrete mixer, pump set, etc. if available the full working hours of the days ie., 8 hours from 8 am to 5 pm will be supplied by the department as per rules and hire charges (including one hour interval for lunch) and for Sunday and other recovered from the Contractor at the prevailing departmental rates. public holidays if there is no work in these days. The Contractor has to take the machinery from the store and return 32 (D) When departmental road roller and sprayer are hired to the same spot at his cost and responsibility. out to the bidder, hire charges which include cost of lubricating grease, small stores and Establishment charges but exclude cost of 30. A day means 8 working hours for the purpose of calculation fuel) shall be recovered at `.………. per day for roller and `.…….. per of hire charges of rollers, pump sets and other machinery unless day for sprayer of eight hours for the full period of the plant hired to otherwise specified. the bidders including non-working days except the authenticated 31. The Contractor has to take the roller from the period of breakdown of the plant for the full working hours of the …………………..and return it to the same spot at his own cost and days ie., 8 hours from 8 am (including one hour interval for lunch) responsibility. and for Sunday and other public holidays if there is no work in these 32. Deleted days. The bidder will arrange the road roller by himself. 32. (a) When power rollers (which term includes steam and 33. Value of quantities of the departmental materials issued for diesel rollers) are hired out to bidders hire charges for the rollers the work either allowed to deteriorate or unaccounted for (which include cost of lubricating oils, grease, small stores and amounting as it does to an excess supply over the sanction establishment charges but exclude cost of fuel), shall be recovered at requirements shall be recovered at book value or issue rate plus 20 the rate of `.………………..per day of eight hours for the full period the per cent supervision charges or market rates whichever is higher roller is hired to the bidder, including non-working days, except for with sales tax and in addition specific penalty rate stipulated by the authenticated periods of breakdown of the roller for the roller for Department Market value will be the retail selling price of materials the full working hours of a day, that is 8 hours from 8 a.m. to 5 p m. in the locality of the work or the nearest market town current on the (including one hour interval for lunch) and for Sunday and other day of issue, or recovery which is more. The Assistant Executive

Assistant Executive Engineer, Contractor KPIP Sub Division No:1 Ottapalam, Kerala Page 15 (for and on behalf of the Governor of Kerala)

Engineer shall obtain the information and record within 7 days of such issue, sending a copy to the bidder. The decision of the Chief 41. The Contractor shall be liable for any loss caused to the Engineer regarding current market rates shall be binding on the Government on account of the above work including any that may bidder. arise due to non-fulfillment of the contract. He should comply with Unused balance if any at the time of completion or termination the rules laid down in the Central P.W.D. Contract, regulations of the contract will not be accepted by the department- The cost of regarding fair wages. such materials amounting as it does an excess over sanctioned 42. The work shall be completed in all respects and also at the requirements shall be recovered at book value +20 per cent or rate of progress; within the time limit and stipulations in the Form current market rate whichever is higher and in addition to specific No. 83 - Notice inviting tender-Failing which the Contractor is liable penalty rates as may be fixed by Chief Engineer in the form of to be fined as stipulated in special condition No.49. Departmental Circular order from time to time shall also be recovered at the direction of Assistant Executive Engineer. 43. Defects, if any noticed within the defects liability period from the date of completion of the work will be got rectified by the 33 (A) 1.Cost of small excess quantity of cement may less than Contractor, in default of which this will be attended by the one full bag will be recovered from the bidders without penalty and department and the cost made good from the Contractor. that if the excess is more than it will be transferred to other works as 44. The Contractor should produce latest ST/VAT and early as possible sub top condition that the quantity of cement is agricultural income-tax clearance certificate and also income-tax ensured by a responsible officer not below the rank of Assistant clearance certificate for receiving final payment. Engineer, before utilizing it in one of the work for which it is 45. The Contractor shall be responsible for the payment of VAT transferred. as per rules in force from time to time and the rates quoted for 2. In the case of excess steel rods, recovery of cost will be various items remain unaffected by any changes that may be made effected on agreement rates, if the excess is not due to from time to time in the rate at which such tax is levied. VAT, any change in design or abandoning a part of the work. agricultural income tax and income tax due to Government from the 3. The materials will be issued to the bidder only for Contractor will be recovered from his bill for the work as per the meeting the actual requirement so that large excess do advice of the authorities concerned. not occur at the time of completion of work. 34. If part payment is claimed for metal supply, 75 percent of the supply will only be made in the part bill. The spreading and 46. All sums due to the Government under or by virtue of this consolidation should be done within two months of supply. contract shall be recoverable first from the security furnished by the 35. The payment of the earth work items will be made as per Contractor and if the same is found insufficient, such deficit amount level measurements or tape measurements as per rules prevailing in shall be recoverable under the provisions of the Revenue Recovery the department. Act for the time being in force as though the same were areas of 36. All items should be carried out as per the relevant Land Revenue or in any other manner as the Government may deem specification in the M.D.S.S. and all clauses of preliminary fit. specification excluding clause 73 and other clauses relating to 47. The Contractor agrees that before final payment shall be arbitration thereon should be complied with. made on the contract, he will sign and deliver to the Assistant 37. The moulds, shuttering, etc. required for the work should Executive Engineer either in the measurement book or otherwise as be made by the Contractor and got approved by the departmental demanded a valid release and discharge from and all claims and officers at site before use. demands whatsoever for all matters arising out or connected with 38. Tribes of the locality should be employed to the extent the contract. Provided that nothing in this clause shall discharge or possible. The Contractor should pay fair wages to the labour engaged release the Contractor from his liabilities under the contract. It is on the worked which will be fixed by the Government as specified in further expressly agreed that the Executive Engineer in supplying the Go. 18- 8597/55/ LD., dated 7 th March 1955 and any dues to the labor final measurement certificate need not be bound by the proceeding will be recovered from his bill as fixed by the Departmental officers. measurement and payments. The final measurements, if any, of the 39. The Contractor alone is responsible for the safety of his Assistant Executive Engineer shall be final, conclusive and binding on labourers and damages, if any payable under "Workmen's the Contractor. Compensation Act" will be to his debt. 40. It shall be the Contractor's responsibility to protect the 48. The tender notice and form No.83 notice inviting tender public and his employees against accident from any cause during shall form part of the Agreement. execution of the work and he shall indemnify the Government against any claims for injury or person or property resulting from any 49. The date fixed by the Assistant ExecutiveEngineer for the such accident, and he shall, were provisions of the "Workmen's commencement and completing of works as entered in this Compensation Act" apply, take steps to properly insured against any agreement shall be strictly observed by the Contractor who shall pay claims there under) damages at the rates of (1) one percentage on the estimated value of the contract for every day not exceeding five days that works 40(A). The Contractor is bound to pay 1% of the value of works remains un-commenced or unfinished, after the proper date and (total of amount) to the Kerala Construction worker’s fund and the further to ensure good progress during the execution of works, the same will be deducted from his bills for the work (As per clause 8(3) Contractor shall be bound unless the contract provides otherwise in of the said welfare fund. all cases in which the time allowed for a work exceed one month to

Assistant Executive Engineer, Contractor KPIP Sub Division No:1 Ottapalam, Kerala Page 16 (for and on behalf of the Governor of Kerala) 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 Assistant Executive Engin eer 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 Worker’s Welfare fund 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 theSub 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 unauthorizedly made, maintenance of wages register, other terms of bills. No claim for interest or for damages whatsoever shall be made employment, inspection and submission of periodical returns and all by the related settlement of claims of bills. No such claim shall be 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 Assistant Executive Engineer or Subdivision Officer GP website and bidders are advised to check the website regularly concerned shall have the right to deduct from the moneys due to the Contractor and any sum required of estimated to be required for for the same. The department shall not be responsible for bidder’s making good the loss suffered by a worker or workers by reasons of negligence in checking the website regularly for any updates on this non-fulfillment of the conditions of the contract for the benefit of tender the 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 observance of the regulations. SPECIAL CONDITIONS FOR KVAT AS PER THE KERALA FINANCE ACT 2008 (e) Vis-a-vis the Central Government, the Contractor shall be primarily liable for all payments to be made under and for the In case of Civil works awarded by Government of Kerala observance of the regulation aforesaid without prejudice to his right deduct KVAT amounting to 4% of the gross amount of bill payable for the bidders every time. to claim from these sub-Contractors. (f) The regulation aforesaid shall be deemed to be a part of

Assistant Executive Engineer, Contractor KPIP Sub Division No:1 Ottapalam, Kerala Page 17 (for and on behalf of the Governor of Kerala) this Contract and breach thereof shall be a breach of this contract. FORM OF DECLARATION

CLAUSE 45 OF M.D.S.S -ACCIDENTS – HOARDING - LIGHTING - 1. I, ...... do hereby declare that none of my OBSERVATIONS -WATCHMEN 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 (a) When excavations have been made or obstacles have been control over it. put in public thorough fares or in places where there is any likelihood of accidents; the Contractor shall comply with any requirement of law on the subject and shall provide suitable hoardings, lighting and 2. I, ...... do hereby distinctly and expressly watchmen as necessary. declare and acknowledge that I have read the Madras Detailed (b) It shall be the Contractor's sole responsibility to protect Standard Specifications and the preliminary specifications therein. the public and is employees against accident from any cause and shall indemnify Government against any claims for damages for Note: If the Contractor is found at any stage, to have injury to person or property, resulting from any such accident and he suppressed any information required, his earnest money for the work is liable to the forfeited and the contract shall, where the provisions of the Workmen's Compensation Act entered into, will stand cancelled. 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 accident, intimate in writing to the concerned Section Officer of the Public Works / Water Resources Department, the fact of such Contractor Assistant ExecutiveEngineer accident. The Contractor shall indemnify Government against all loss (For and on behalf of the Governor of or damage sustained by Government resulting directly or indirectly Kerala.) 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 Workmen's compensation Act or otherwise conform to the said Act SPECIAL CONDITIONS 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 Assistant Executive 2. The tenderer shall examine closely, .the M.DS.S. excluding Engineer to retain out of moneys due and payable to the Contractor clause 73 and other clause relating to arbitration thereon and its such sum or sums of money as may, the opinion of' the said addenda volume and also the standard preliminary specifications Executive Engineer, be sufficient to meet such liability. The opinion contained therein in token thereof he shall sign the certificate in the of the Assistant Executive Engineer shall be final in regard to all form attached to the tender documents. matters arising under this clause. 3. The tenderer shall study carefully the drawing and specifications which will form part of the agreement to be entered

into by the tenderer. 4. The percentage rate accepted and specified in the Bidder Assistant Executive Engin eer agreement shall not be varied on any account whatever and that it 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 and 10% Contractor’s Profit (C.P) to O.H already sanctioned in the T.S of the work will be charges like ring bunding bailing out of water, shoring etc carried out recovered along with the hire charges of Machinery & Equipments as per necessity for proper execution of the item shall be admissible. from the bill amount. 6. The Contractor shall produce necessary certificate from the competent authorities concerned to the effect that he has cleared all

his dues regarding Sales tax/VAT, Income-tax and Agricultural Income-tax, deductions for the above taxes payable by the Contractor shall be made from the dues to him from Government. No account final payment shall be made to the Contractor before the

Assistant Executive Engineer, Contractor KPIP Sub Division No:1 Ottapalam, Kerala Page 18 (for and on behalf of the Governor of Kerala) 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 18. All sums if found due to the Government under or by recovered from the Contractor as per clause 44 of special virtue of the present contract shall be recoverable from the security conditions. furnished by the Contractor and insufficient such deficit amount shall 7. The Contractor shall take out license under the Explosive be recoverable under the provisions of the Revenue Recovery Act in Rules 1940 and subsequent amendments for the use of Gun Powder, force as though the same were arrears of other manner as the Gelignite all other blasting materials required by him. 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 Assistant Executive Engineer who shall, if reasonable grounds be shown authorise such extension of 10. Rubble of the various sizes specified in the agreement time. If any as may in his opinion necessary for which the Contractor schedule shall be stacked separately based on the size classification. has to execute an agreement for enlarging the period of contract. 11. Rubble supplied shall be closely packed in neat Without such written authority of Assistant Executive rectangular stacks on level ground in heights not exceeding 4 ft. Engineer the Contractor shall not be exempted from the damage (1.2m). The size of stacks and their location shall be as specified and leviable if the work or any part or parts thereof be not completed ordered by the Executive Engineer. within the prescribed time. The date fixed by the Assistant Executive 12. In the case of large stacks all the dimensions particularly Engineer for the commencement on completion of works as entered the height will be checked in different places as to arrive at average in his agreement, shall be strictly observed by the Contractor who value which will be taken for computation of volume. shall pay damage at the rate of (1) one percent, on the estimated value of the contract for every day not exceeding five days that the 13. The materials should be stacked as per standard profile work remains uncommenced or unfinished after the proper date And current in the department. further to ensure good progress during the execution of works the 14. To work out the quantities for payment one eight (1/8) Contractor shall be bound unless the contract provides otherwise in will be deducted from the stack measurement in close packing and all cause in which time allowed for work exceeds one month, to for loose stacks larger percentage decided by the Officer concerned complete one fourth for the whole work to be done when one fourth will be deducted or the Contractor must restack the stone properly of the whole time allowed for it has elapsed the half of the work as may be decided by the Assistant Executive Engineer. when one half of time has elapsed and three fourth of work when three fourth of the time elapsed and the penalty for failure in either 15. Wherein the opinion of the measuring Officer any stack is of these cases shall likewise be that the Contractor shall be subject to not closely packed the supplier should have it restacked according to pay daily damage at the rate of (1) one percent on the estimated the instruction before it is measured. No payment will be made for value of the amount of work that should be completed by that time such restacking. However if any supplier is dissatisfied with the Provided always that the entire amount of damages to be paid under decision of the measuring Officer regarding restacking, he may the provisions of this clause shall not exceed in the whole the appeal to the Assistant Executive Engineer concerned whose decision amount of retention plus the security deposit. All damages payable in this will be final and binding. under the provisions of this clause or of clause 18 shall be considered 16. Dumping of rubble shall be commenced only after the as liquidated damages to be applied to the use of the Government stacks are measured and Check measured by competent authority. without reference to the actual loss sustained owing to the delay. Once dumping starts no further supply shall be permitted till the 20. For all items under the contract including for extra items stacked materials are completely disposed off and a certificate made the percentage rate accepted and specified in the agreement shall in the M Book concerned by the Assistant Executive Engineer on not be varied on any account whatever, and that it shall hold good inspection. "For A.S.E. and E.C. works, collected stones measured by for all items done irrespective of variations in quantities subject to the concerned Assistant Engineer will be allowed to dump only after 48 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, Assistant Executive Engineer and up to an excess of 25% over that originally agreed to, if needed, at finance inspection wing. Also, further collection of stones will not be his agreed rates (G.O.P. 1252/76 PW dated 25-11-1976). allowed 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. Stones supplied and measured. Any quantity over and above the 22. Only registered Contractors of the particular class who maximum limit of 10% and all Armour stones below 150 dm3 will be have deposited the required earnest money will be allowed to rejected. The above conversion of Armour stones as 45 dm3 will be tender for the work. admissible only in cases where there is a provision of supply of 45 23. The Contractor is at liberty to make his own arrangements dm3 stones in the agreement schedule of the work concerned. In for forming approach roads, for laying tracks for movements of case where there is no provision for 45 dm3 stones in the agreement tipping wagons etc. at his own cost to suit his convenience, As schedule, all Armour stones below 175 dm3 will be rejected without already stipulated in conditions (5) no claim for any charges on these any payment. However the field officers should ensure that while accounts shall be payable by the department. Tipping wagons, rails

Assistant Executive Engineer, Contractor KPIP Sub Division No:1 Ottapalam, Kerala Page 19 (for and on behalf of the Governor of Kerala) 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 competent authority from time to time. 24. When the percentage noted in words differ from that 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 Contractor at the rates fixed by the Government from time to time. 25. The percentage deduction from bills which are held as 36. For slackness in progress of work due to non-availability of additional security will be released by the Officer competent to pass 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 Assistant Executive Engineer concerned, provided he is are found necessary for the proper completion of the work during convinced that the amount as per the final bill will cover all liabilities execution. The rates for such extra items should be arrived at by of the Contractor and record a certificate to that effect and provided applying the percentage excess or deduction to the departmental also the Contractor has produced the latest clearance certificate of data rate as per the original schedule on which the tenders were income tax Agricultural Income tax and Sales tax/VAT. invited (Departmental data rate means the rate derived from the 38. It will be the responsibility of the Contractor to obtain departmental schedule of rates and shall include conveyance charges necessary land for stacking the materials for the proper execution of and Contractor's profit.) the work. 39. The Contractors will be allowed to open deposit in 27. Any sum of money due and payable to the Contractor Treasury Savings Banks equal to the amount of retention money if (Including security deposit returnable to him) under this contract favour of the Executive Engineer in charge of the work subject to the may be appropriated by the Government and set of against any claim condition that if recoveries are to be made from such retention of the Government for the payment of a sum of money arising out or deposits interest for such recoveries for the period for which such under any other contract made by the Contractor with the amounts become due to Government will also have to be recovered Government. from the deposits. The Contractors should deposit the entire 28. The Chief Engineer reserves the right to abandon the retention money initially in banks before the first running account work at any stage if he finds such a course necessary and the bill is passed and paid and that additional retention money on the Contractor will be paid only for finished item of work. 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 40. The Tenderer shall quote only a single rate as a supply of those materials will be entertained. 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 apart of the work etc. Recovery will be effected 41. The Contractor is bound to keep a machine numbered at agreed rates for the actual usage plus the allowable wastage as well bound work spot order book, initialled by the Assistant fixed above. In the case of cement, an excess up to less than a bag Executive Engineer in charge and he should carry out works as with the Contractor will be admitted at the agreed rate without ordered in the book. No oral orders said to have been given will be penalty. For the excess quantity if any on both M. S. rods and cement accepted as a claim for payment unless they are got recorded in the over and above that allowable as per this condition will be treated as order book. unaccounted and recovery will be effected as per penalty clause for 42. The rates quoted should be for the finished work and unreturned materials (Go. (Rt) 564/78/PW & E. dated 5-4-1978) should include all contingent items thereof. While preparing bill both 31. (A) Value of quantities of departmental materials issued for part and final payments the amount of the individual items as for work unaccounted for by the Contractor will be recovered from well as the sum total of the items measured, recorded and billed for, the Contractor at book value plus 20% storage value or the current will be arrived at on the basis of estimate rates given in the schedule market value whichever is higher plus a penalty of `. per bag of 50 attached to the agreement. After arriving at the total amount, the kg. of cement and `. per Kg. of M.S. rod or any suitable penalty fixed value of departmental materials used on the items billed for will be by the department from time to time. deducted to arrive at the net amount. Then the percentage quoted 32. For departmental material other than those mentioned in by the Contractor and accepted by the department will be applied. the tender notice if issued to the Contractor the recovery will be To the amount so arrived, the value of departmental materials will effected at book value plus 20% storage value or current market be added which will give the amount to be passed in favour of the value whichever is higher. Contractor. 33. When blasted rubble is not required to be stacked, 43. Payment for earth work exceeding 300 m3 will be made based on levels calculations only. However payment for Earth work stacking charges will be recovered at the current data rate plus profit for foundation proper of masonry structures and earth work back in force plus or minus tender difference. filling or masonry where the quantity involved is not much will be

Assistant Executive Engineer, Contractor KPIP Sub Division No:1 Ottapalam, Kerala Page 20 (for and on behalf of the Governor of Kerala) made on tape measurements even if it exceeds the limit of 300 m3. Workers Welfare Fund Act 1989 are also applicable. 44. The Contractor is liable to pay sales tax at the rate of 70% 55. Amendments and modifications to the P. W.D. code and of the rates shown in the 4 th schedule of KGST Act 1963 (ie 8%) manual issued in G.O.(P) No.84/97 PW &T dt. 19-8-97 read with against all payments including advance payments made to the Govt.letterNo.3157 /P2/98/ISD dated 21-10-99 and amendments Contractor. Hence Sales Tax will be recovered from the bills of issued thereafter are applicable to this agreement. Contractors @ 5.60% of the bill amount. Revisions there to in the 56. The Contractor will examine the site condition and satisfy KGST Act will be binding on the Contractor. themselves of the availability of materials at nearby places, 45. If Contractor is an individual or a proprietary concern and difficulties which may arise during execution etc., before submitting the individual or the proprietor dies and if the Contractor is a tenders for the work. partnership concern and one 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 to his/her legal Contractor Assistant Executive Engineer, representative and in the case of a partnership to the surviving KPIP Sub DIvision No:1, Ottapalam, partners. Kerala 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 Fund Board. But as per section 8(3) of the Kerala Construction Workers Welfare Fund Act 1989 it is the responsibility of the department, corporations or Boards as the case may be to deduct the employer’s contribution from the bills of the Contractors and to remit the amount in the account of the Kerala Construction Workers Welfare Fund within 15 days from the date of such deductions. While working out the total cost the value of the departmental materials supplied will be included Govt. Lr. No.127 /95/ P3/90/Ir. dated 31-7- 90 and amendment as per Letter No. E3-13.2924/93, dt 3-6-93 of the Chief Executive Officer, KCWWF Board. 54. All other conditions stipulated in the Kerala Construction

Assistant Executive Engineer, Contractor KPIP Sub Division No:1 Ottapalam, Kerala Page 21 (for and on behalf of the Governor of Kerala)

ADDITIONAL CONDITIONS

1. For prequalification works, bank guarantee 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’s bill towards surcharge. 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.

Special Condition For Sales Tax 8. 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’s value of the work, whether it be below or above the estimate amount. Payment of work bills 9. 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 detailedscrutiny 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. 10. 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 Assistant 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. 11. All Conditions prevailing in PWD/WRD will be applicable to this tender also.

Assistant Executive Engineer, Contractor KPIP Sub Division No:1 Ottapalam, Kerala Page 22 (for and on behalf of the Governor of Kerala)

FORM OF DECLARATION

1. I, here by declare that one of my relations as per the list given in section ,6 and Schedule - A of the Companies Act, 1956 is in charge of the above work or are having control over it.

2. I,……………………………………………………………………………here by distinctly and e x p r e s s l y declare and acknowledge that I have read the Madras detailed standard specifications and the preliminary specifications there in.

Bidder

Note:-If the bidder is found at any stage to have suppressed any information required, his earnest money for the work is liable to be forfeited and the bidder entered in to, will stand cancelled.

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.

Assistant Executive Engineer, Contractor KPIP Sub Division No:1 Ottapalam, Kerala Page 23 (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...... ……. . . aged ……...... years of...... veedu/house …… ...... …. village ...... 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.

Assistant Executive Engineer, Contractor KPIP Sub Division No:1 Ottapalam, Kerala Page 24 (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 at the time of submitting tender for works.)

Preliminary agreement entered into on this ………………………………………day of …………………… .……………………………………………… between The Assistant Executive Engineer, KPIP Sub DIvision No1, Ottapalm, for and on behalf of the Governor of Kerala (Hereinafter called the Government) of the one part and Shri…………………………………………………………………. (H.E. full name and address of the Contractor herein after called “the Contractor”) of the other part for the execution of the agreement as well as for the execution of the work of …………………………………………………………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………………………………………………………. WHERE AS the Government invited tenders for the work as stated above ………………………………………………………………………………………………………………………………………………………………………. …………………………… (H.E. name of the work) by notification No. ……………….. dated ………………… in the …………………………………………………………………………………………………………. 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 5% (five) of the probable value of contract, 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 clause13 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 other

Assistant Executive Engineer, Contractor KPIP Sub Division No:1 Ottapalam, Kerala Page 25 (for and on behalf of the Governor of Kerala)

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 landrevenue 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 WITNESS WHERE OF SHRI ……………...... ……...... (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...... Signed and delivered by Shri. ……...... (the Contractor) in the presence of witnesses. 1......

2......

Assistant Executive Engineer, Contractor KPIP Sub Division No:1 Ottapalam, Kerala Page 26 (for and on behalf of the Governor of Kerala)

KERALA IRRIGATION DEPARTMENT

FORM OF TENDER

G. W. D. 84

Division: KPIP DIvision No 1, Kanjirappuzha, Palakkad

Subdivision: KPIP SUB DIVISION NO:1 OTTAPALAM

Section : KPIP SECTION 2/2 Cherpulassery

Name of work. KPIP-AM-Urgent rectification works to kuruvattoor distributary at ch. 1600 and at breached portion Ch 2600km Date of issue ......

Name......

Address of Tenderer

......

……………………………………………………………………………………………………………………..

Assistant Executive Engineer, Contractor KPIP Sub Division No:1 Ottapalam, Kerala Page 27 (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.

Assistant Executive Engineer, Contractor KPIP Sub Division No:1 Ottapalam, Kerala Page 28 (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 contractor’s accepted tender and these specifications and such 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 not in the tender, it shall be in the contractor’s duty to get a special price arranged for the item 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

Date.

Assistant Executive Engineer, Contractor KPIP Sub Division No:1 Ottapalam, Kerala Page 29 (for and on behalf of the Governor of Kerala)

KERALA WATER RESOURCES DEPARTMENT

FORM OF TENDER Form no. 84 Name of work: KPIP-AM-Urgent rectification works to kuruvattoor distributary at ch. 1600 and at breached portion Ch 2600km 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 terms in your tender notification dated ……………………… and the specifications and conditions of contract in force in Kerala Public Works Department. 2. Copy of the specifications duly signed is also enclosed. 3. I/we further agree to complete the whole work in 3months from the date of 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 keep the tender open for acceptance. 60 days from the due date of submission thereof and not 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 sum of Rs. ……….is hereby forwarded in cash/ Treasury chalan receipt at ……………………. / Receipt of 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 `. Nationality 3. Signed copy of specification Place of residence 4. Signed copy of plan Date of submission

Assistant Executive Engineer, Contractor KPIP Sub Division No:1 Ottapalam, Kerala Page 30 (for and on behalf of the Governor of Kerala)