1 KARNATAKA POWER CORPORATION LIMITED (CIN: U85110KA1970SGC001919) No. KPCL/SEE/SHIVA/F-6/636 DATE: 31.07.2014 NOTICE INVITING TENDER 1.00 Tenders in two covers are invited through “e” Procurement Portal (Website URL:https://eproc.karnataka.gov.in) from the Experienced eligible contractor with adequate financial resources, manpower and suitable equipment for the following work. Name of the work EMD in Rs. Completion Period “Supply, Fabrication and Erection of MS chequered plates for ‘F’ point gates platform at Shimsha Power House”, Malavalli Taluk, Mandya Dist Karnataka – 571437. 9,200 One Month 2.00 Tender documents may be downloaded from Government of Karnataka e-Procurement Website URL:https://eproc.karnataka.gov.in under login of bidders. After login, tender can be downloaded from the portal within prescribed date and time published in the portal. Interested bidders who wish to participate should remit on-line transaction fee for tender after registering in the portal. Tenders must be electronically submitted (on-line through internet) with in the due date and time published in the e- procurement portal. 3.00 Earnest Money Deposit (EMD) of Rs. 9200/- (Rupees Nine Thousand two hundred only) and tender processing fee should be paid ____________________________________________________________________ ______________O/o Superintending Engineer(Ele), Shivasamudram Malavalli (Tq) Mandya(Dist) email: [email protected], website:www.karnatakapower.com, Telefax: 08231-247027
Transcript
1
KARNATAKA POWER CORPORATION LIMITED (CIN: U85110KA1970SGC001919)
No. KPCL/SEE/SHIVA/F-6/636 DATE: 31.07.2014
NOTICE INVITING TENDER
1.00 Tenders in two covers are invited through “e” Procurement Portal (Website URL:https://eproc.karnataka.gov.in) from the Experienced eligible contractor with adequate financial resources, manpower and suitable equipment for the following work.
Name of the workEMD in
Rs.Completion Period
“Supply, Fabrication and Erection of MS chequered plates for ‘F’ point gates platform at Shimsha Power House”, Malavalli Taluk, Mandya Dist Karnataka – 571437.
9,200 One Month
2.00 Tender documents may be downloaded from Government of Karnataka e-Procurement Website URL:https://eproc.karnataka.gov.in under login of bidders. After login, tender can be downloaded from the portal within prescribed date and time published in the portal. Interested bidders who wish to participate should remit on-line transaction fee for tender after registering in the portal. Tenders must be electronically submitted (on-line through internet) with in the due date and time published in the e-procurement portal.
3.00 Earnest Money Deposit (EMD) of Rs. 9200/- (Rupees Nine Thousand two hundred only) and tender processing fee should be paid online through e-Procurement portal using any of the payment modes like Credit Card, Direct Debit, National Electronic Fund Transfer (NEFT), Over the Counter (OTC). The transaction fee is non-refundable.
4.00 THE BIDDERS SHALL HAVE THE FOLLOWING PRE-QUALIFYING REQUIREMENTS:
4.01 Bidder should have carried related work of Supply, fabrication & installation of MS chequered plates works of order of value not less than Rs.2.00 lakhs during the last five years period (2013-14, 2012-13, 2011-12, 2010-09 & 2009-08) in State/Central Govt. /public sector or any utility in India. In this regard bidder shall furnish satisfactory work completion certificate along
with corresponding work order issued by competent authority not less than the rank of Executive Engineer.
4.02 Bidder should have an annual turnover of not less than Rs.5.00 lakhs for any of the preceding two financial years during the last five years period 2012-13, 2011-12, 2010-11, 2009-10 & 2008-09. The bidder has to submit the proof in this regard (P&L account certified by audit/charted accountant) & Income tax returns for any two financial years indicated above.
4.03 Furnish PAN, PF No., VAT, ST registration Certificates and Service Tax declaration certificate.
5.0 Corporation reserves the right to accept or reject any or all bids. However, reason for rejection will be recorded as per KTPP Act.
6.0 After evaluation of Technical Bid and whose offer meet the PQR and technical specification of the tender/bid in complete manner will be accepted and only such bidders Financial bid will be opened.
7.0 Those Bidders whose contracts have been terminated/foreclosed by KPCL or whose performance has not been satisfactory while executing the contract of KPCL within the last 5 (five) years are not eligible to participate in the bid.
8.0 The bidders shall quote in Indian rupees only. All applicable taxes shall be indicated in the Price schedule.
9.0 Validity of offer: The offer shall be valid for 180 days from the last date of submission of bids.
10.0 The Bidders have to compulsorily furnish the under taking in the prescribed format that the employees working under him at KPCL site shall not claim for employment in KPCL at any point of time.
11.0 BID SCHEDULE:
1 Last date for enquiry/Bidder clarification. 14.08.2014 upto 15:00 Hrs
2 Last date for on-line submission of tenders. 28.08.2014 upto 12:00 Hrs
3 Date of opening of Technical Bid 30.08.2014 at 13:00 Hrs4 Date of opening of Financial bid 01.09.2014 at 11:00 Hrs
Copy to : District Commissioner (District Bulletin Officer), Mandya Dist. – for kind information and wider publicity
: CE(ED) for kind information. This has reference to your kind approval in 49th CMG held on 24.06.2014 : SEE (RO) - For infn. : SE(CSD): along with soft copy of Bid Notification for publishing in KPCL Web site. : EE(O&M)/Shimsha/EE(O)- for information. : AO(Shiva) for information with a request to present during opening of the tender. : AGM (CC) for information. : Notice Board/ Docket/ MF/OC
Bids in two covers are invited through “e” Procurement Portal (Website URL:https://eproc.karnataka.gov.in) for the work of “Supply, Fabrication and Erection of MS chequered plates for ‘F’ point gates platform at Shimshapura, Malavalli(Taluk), Mandya(Dist),Karnataka from Experienced eligible Contractors with adequate financial resources, manpower and suitable equipment for the above said work. Tender documents may be downloaded from the Website URL:https:// eproc.karnataka.gov.in under login of bidders. Tenders must be electronically submitted (on-line through internet) within the due date and time published in e-procurement portal. Earnest Money Deposit (EMD) of Rs. 9,200/- and tender processing fee should be paid online through e-Procurement portal. Last Date & Time for on-line submission of tenders is 28.08.2014 up to 12:00 Hrs. Date & Time for opening of Technical Bid is 30.08.2014 at 13:00Hrs. Further information if required can be obtained from the office of the Superintending Engineer (Elec.), Shivasamudram 571 437, (BLUFF), Malavalli Taluk, Mandya Dist., Telefax:(08231) 247027 or Website: www.karnatakapower.com
1.0GENERAL INSTRUCTIONS1.01 Karnataka Power Corporation Limited (KPCL) herein after called the
Corporation has invited Bids for the scope of work detailed in this accompanying specification.
1.02 The Superintending Engineer (Electrical), Shivasamudram, Karnataka Power Corporation Limited (KPCL) or his authorized representative will receive bids in respect of “Supply, Fabrication and Erection of MS chequered plates for ‘F’ point gates platform at Shimshapura, Malavalli Taluk”. All bids shall be prepared and submitted in accordance with the bid instructions.
1.03 The bids shall be submitted through e-portal only within the time & date fixed for receipt as set forth in the e-portal or subsequent extension, if any.
1.04 The bidders shall bear all costs associated with the preparation and submission of their bids and corporation in no case is responsible or liable for these costs.
1.05 The bidder shall compulsorily furnish introductory letter indicating proprietor name, full address of company with seal & contact number for further communication, if the bidder is participating for the first time in the tender process.
1.06 The Corporation does not bind itself to accept the lowest or any bid and reserves the right to select from any bids, only such equipment and services as may be considered expedient to accept.
1.07 No enhancement of rates once accepted will be considered during the currency of contract, expect as provided in the contract.
1.08 The corporation will not be responsible for rejection of bids by the e-portal due to un-reconcilement payment of EMD.
1.09 Bidder is expected to examine all instructions, forms, terms & specifications in the bid document. Failure to furnish all information required in the bid document or submission of bid not substantially responsive in the view of the corporation to the requirement in the bid document may result in the rejection of bid.
1.10 Clarifications on bid document: Prospective bidders requiring any further information or clarification on the bid documents may notify through e-
portal on or before the dates mentioned for enquiry/clarification indicated in calendar of events specified in the e-portal notification.
1.11 Bidders may wish to attend the opening of the bid on the date & time specified in the e-portal. The bidder shall intimate to the corporation prior to the opening of the bid.
1.12 The Corporation reserves the right to accept or reject any or all the bids without assigning any reason thereof.
1.13 After evaluation of Technical Bid and whose offer meet the PQR and technical specification of the tender/bid in complete manner will be accepted and only such bidders Financial bid will be opened.
1.14 Those Bidders whose contracts have been terminated/foreclosed by KPCL or whose performance has not been satisfactory while executing the contract of KPCL within the last 5 (five) years are not eligible to participate in the bid.
1.15 The bidders shall quote in Indian rupees only. All applicable taxes shall be included in the quoted price in the financial bid.
1.16 The bidders shall ensure deployment of required No. of specified quality workmen/labour and arrange payment as per Govt. of Karnataka minimum wages Act as per tender specifications.
1.17 The Bidders have to compulsorily furnish the under taking in the prescribed format that the employees working under him at KPCL site shall not claim for employment in KPCL at any point of time.
1.18 The Bidders have to compulsorily visit work site before quoting to have hands on information about site conditions. The letter issued from concerned division head has to be enclosed as a proof of visiting the site.
1.19 Bid EMD of the unsuccessful bidder will be returned after the award of the contract and entering into contract agreement with the successful bidder.
1.20 For the successful bidder, EMD of the bid will be returned after he enters into contract agreement & furnish the contract security deposit in an acceptable form.
2.0 PRELIMINARY EXAMINATION2.01 The Corporation will examine the bids to determine whether they are
complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed and whether the bids are generally in order.
2.02 Arithmetical errors will be rectified on the following basis.
a) If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, unit price shall prevail and the total price will be corrected.
b) If there is discrepancy between the total bid amount and the sum total price of items forming the total bid amount, the sum of the total prices of items shall prevail.
c) If there is any discrepancy between the amount indicated in figures and that indicated in the words, the amount indicated in words shall be considered.
2.03 Prior to the detailed evaluation, the Corporation will determine the substantial responsiveness of each bid and those that are considered incomplete are liable to be rejected. A substantial responsiveness will be in terms of Karnataka Transparency in Public Procurement act. Bids will be evaluated based on the price bids only without considering the commercial deviations taken by different bidders. If the lowest bidder does not agree to withdraw the deviations the corporation reserves the right to negotiate with the next lowest bidder. Bidders shall have no claim for consideration on the ground that notwithstanding their higher price, they are fully compliant with commercial conditions.
The SuperintendingEngineer(Elec)Shivasamudram – 571437Malavalli (Tq), Mandya (Dist)
Sir, We hereby bid for the “Supply, Fabrication and Erection of MS chequered plates for ‘F’ point gates platform at Shimshapura”, subject to the under mentioned conditions of contract.1. This bid will hold good for a period of ....... from the last day fixed for
receiving bids.2. We certify that the work execution by us will strictly conform to the
specifications of the enquiry or to such modifications thereof as have been fully explained in our bid.
3. Failure to execute any or all portions of the work as per the terms of the work order or non – performance or non-execution of work in time or execution of work which does not conform to the specifications and quality prescribed, or the sample not approved or which is found defective or for breach of any of the conditions stipulated will entail enforcement of one or more of the following :a. Cancellation of the order in part or in whole.b. The contractor shall be liable for a penalty of 1/2 % per week of the
contract value subject to maximum of 10% of the Contract value and shall be applicable for delay in completion of work beyond contractual period.
c. Forfeiture by adjustment of Earnest Money and or Security Deposit in whole or to the extent necessary as considered fit by the Superintending Engineer (Elec.), Shivasamudram, Karnataka Power Corporation Limited.
d. Recovery of extra cost, if any, incurred by the Corporation in securing the material/executing works from other sources by adjustment from money due to the defaulter or otherwise.
4. We also note that Karnataka Power Corporation Limited does not bind itself to accept the lowest or any bid and reserves the right to consider/reject any or all the bids without assigning any reasons thereof. We hereby agree to all the terms and conditions of the bid.
5. We also note that the Karnataka Power Corporation Limited, reserves the right to place order for a portion of the items and or quantities.
Date: Full address with Seal . . . . . . ..... . . .SECTION – I
GENERAL TERMS AND CONDITIONS OF THE TENDER1.00.00 DEFINITION OF TERMS:1.01.01 In the conditions of tender annexed specification, the following words
shall have the meanings herein assigned to them unless there is something in the subject or context inconsistent with such construction.
1.01.02 ‘Bid' shall mean the proposal/document, the Bidder submits in the requested and specified form in the specification.
1.01.03 'Bidder' shall mean the firm/party who quotes against an enquiry.1.01.04 The ‘Contractor' shall mean the successful bidder whose bid has been
accepted by the Owner and shall include his heirs, legal representatives, successors and permitted assigns.
1.01.05 The "sub contractor" shall mean the person named in the contract of any part of the work of any person to whom any part of the contract has been sub-let with the written consent of the owner and includes the legal representatives, successors and assignees of such persons.
1.01.06 "Engineer" shall mean the Superintending Engineer (Ele), Karnataka Power Corporation Limited, Shivasamudram or such other officers as may be duly authorized and appointed in writing by the owner to act as the engineer for the purpose of the contract. In case where no such Engineer has been appointed the word "Engineer" shall mean the owner or his duly authorized representatives.
1.01.07 ‘Approved' shall mean the written approval of the owner or its authorized representative.
1.01.08 Codes and standards shall mean all the applicable codes and standards as Indicated in the Specification.
1.01.09 Contract or Contract document shall mean contract agreement duly signed by both the Owner and the contractor.
1.01.10 Contract price shall mean the price referred to in the letter of award and agreed to in the contract document.
1.01.11 Owner shall mean M/s.Karnataka Power Corporation Limited, Shivanasamudram (KPCL) on whose behalf the enquiry is issued by its representative and shall include its successors, assignees as well as its authorized officer/representative.
1.01.12 Plant, Work or works shall mean and include plant, materials to be provided and work to be done by the contractor under the contract.
1.01.13 Correspondence shall mean any letter, fax, telegram, E-mail or other written communication related to the contract but excluding notices.
1.01.14 Drawings shall mean drawings furnished by the Engineer and include supplementary drawings furnished by the Engineer to clarify and define in greater detail the intent of the contract.
1.01.15 Site shall mean the site of Generating Stations Viz, Shimshapura.1.01.16 Commercial use shall mean that use of the work, which the contract
contemplates or of which it is to be capable of using commercially.1.01.17 Month shall mean a month as reckoned by the English calendar.1.01.18 ‘Writing' shall include any manuscripts, typewritten or printed
statement duly signed with seal.1.01.19 ‘Persons’ shall include Firm, company and other body of persons
whether incorporated or not.1.01.20 ‘Inspector' shall mean the authorized representatives appointed by
the Owner for the purpose of inspection of material//works.1.01.21 ‘Instruction’ shall mean the direction, details and explanation issued
by the Engineer from time to time during the contract period.1.01.22 ‘Letter of award’ shall mean the official notice issued by the Owner
notifying the contractor that his proposal has been accepted and that the contractor is required to sign the contract agreement. The date of letter of award shall be taken as the effective date of commencement of all works under the contract.
1.01.23 'Words' imparting the singular only shall also include the plural and vice versa, where the context to requires.
1.01.24 'Notice in writing' shall mean a notice in written, typed or printed Characters sent (unless delivered personally or otherwise proved to have been received by registered post to the last known private business address or the registered office of the addressee and shall be deemed to have been received when the ordinary course of post it would have been delivered.
1.01.25 Completion of work: The work shall complete within One month from the date receipt of work order.
1.01.26 ‘Prescribed' shall mean prescribed by the Engineer or his authorized Representatives.
1.01.27'Unit' shall mean Shimshapura Generating Station.1.02.00 SCOPE OF THE CONTRACT:- Supply, Fabrication and Erection of MS
chequered plates for ‘F’ point gates platform at Shimshapura as per the scope of work detailed in Section-III.
1.03.00 CONTRACTOR TO INFORM HIMSELF FULLY:The Contractor shall be deemed to have carefully examined the conditions and specifications. If he shall have any doubt, as to the meaning of any portion of the contract documents, he shall, before signing the contract, set forth the particulars thereof and submit them to the Engineer in writing in order that such doubts may be clarified or removed. Engineer will provide such clarification as may be necessary in writing to the Contractor. Any information obtained otherwise by the owner shall not in any way relieve the Contractor of his responsibility to fulfill his obligation under the contract.
1.04.00 COMPLETENESS OF CONTRACT:
The contract shall be complete and shall include all incidental services, which even though may not be specifically mentioned in these specifications, schedules, drawings etc., but are essential for the satisfactory operation of the plant as a whole.
1.05.01 CONTRACT AGREEMENT: The Contract agreement shall be signed between the Contractor and the owner for the proper fulfillment of the contract. The agreement shall be executed by the contractor on Rs.200/- stamp paper along with the Terms and Conditions on Karnataka Government Stamp Paper, in the form prescribed by KPCL,(As per Annexure-II)within 15 days of issue of 'Letter of award', the expenses for preparation and stamping of contract agreement shall be to the account of the Contractor. The owner shall be furnished free of cost 6 copies of the agreement along with an executed Stamped Counterpart of the agreement. Each copy of the agreement shall comprise of the agreement together with its Annexure viz., Section - I, Section -II & Section III with Schedules, Annexure and data sheets etc. The proforma of the contract agreement is enclosed as Annexure- II.
1.05.02 SECURITY DEPOSIT: For the due and faithful performance of the Contract the successful
bidder shall be required to furnish a Security Deposit of 10% of the Contract value in the form of Bank Guarantee for a period of 19 months from the date of dispatch of materials (by any Scheduled or Nationalized Bank) on Non-judicial Stamp paper of .100/- only. The Bank Guarantee shall be strictly as per the format enclosed as Annexure -I; shall be furnished within 15 days after the issue of Letter of Award. The guarantee shall be valid for the 19 months from the date of award of work. No Interest is Payable on the Security Deposit.
1.06.00 MANNER OF EXECUTION OF CONTRACT:1.06.01 The Contractor after the receipt and acceptance of the 'letter of award’
will send one set of the final contract agreement to the Owner for the scrutiny and approval. The agreement shall be signed on a date and time to be mutually agreed within the specified period of 15 days. The Contractor will present himself for signing with "performance guarantee" & power of attorney and other requisite material
/documents.1.06.02 The agreement will be signed in two sets. Owner will retain the original
and the Contractor will be provided with duplicate set.1.06.03 Subsequent to signing of the contract, the Contractor at his own cost
shall be provided to the owner with at least 6 copies of the agreement within 15 days of the signing of the contract.
1.07.0 EFFECT AND JURISDICTION OF CONTRACT:
1.07.01 The contract shall be considered as having come into force from the date of issue of letter of award by the Owner to the Contractor. The law applicable to this contract is the law in force in India.
1.07.02 Any suit or proceedings arising out of this contract shall be initiated in the appropriate law courts at Bangalore.
1.08.00 ASSIGNMENT AND SUBLETIING OF CONTRACT:1.08.01 The Contractor shall not assign the contract or any part thereof or any
benefit or interest therein or there under (otherwise than by a charge in favour of the "Contractors" I Bankers of any money due or to become due under this contract) without the prior written consent of the Owner.
1.08.02 The Contractor shall not sublet the whole or any part of the Contract.1.09.00 TERMS OF PAYMENT: The terms of payment shall be as provided in Section II of the bid document.1.10.0 PAYING AUTHORITY:
All payments in respect of work will be effected by Accounts Officer, Karnataka Power Corporation Ltd. ,Shivasamudram—571437, The Contractor shall raise the bills in triplicate in favour of Accounts Officer, Karnataka Power Corporation Ltd., Shivasamudram & copy of the bills to: The Superintending Engineer (Ele.) Karnataka Power Corporation Ltd., Shivasamudram — 571 437
The Invoices will become payable after the conditions stipulated in the "Terms of payment" are satisfied/fulfilled.
1.11.00 DEATH, BANKRUPTCY ETC: If the Contractor dies or commits any act of bankruptcy, or being a corporation goes into liquidation except for re-construction purposes or if his or its business is carried on by a receiver, the executors, successors or other representatives in law of the estate or the contractor or any such receiver, liquidator or any person in whom the contract may become vested, shall forthwith give notice thereof in writing to the KPCL and shall for one month, during which he shall take all reasonable steps to prevent stoppage of the work, have the option of carrying out the contract subject to his or their providing such guarantees as may be required by KPCL but not exceeding the value of the work for the time being remaining un-executed. In the event of stoppage of the work, the period of the absence under this clause shall be 14 days only provided that should the above option not be exercised, the contract may be terminated by KPCL by notice in writing to the Contractor. The power and the provisions reserved to KPCL in the clause on the taking of the work out of the Contractor’s hands, shall apply as for may be when the contract is so determined.
1.12.00 ENGINEER’S DECISIONS: In respect of all matters, including the granting or withholding of certificates, the Engineer shall give in writing a decision thereon, and his reasons for such decisions. In all matters of difference of opinion in respect of the Contract, the decision of the Engineer shall be final and acceptable to the contractor.
1.13.00 REGULATION OF LOCAL AUTHORITIES:1.13.01 The purchaser shall throughout the continuance of the contract and in
respect of all matters arising in the performance thereof serve all notices and obtain consents way leaves, approval and permissions, required in connections with the regulation and bye laws of the local or other authority which shall be applicable to the works.
1.13.02 All works shall be executed in accordance with the Indian Electricity Rules as in force from time to time, wherever they are applicable.
1.14.00 CONSTRUCTION OF CONTRACT: The contract shall in all respects be construed and operate as a contract
as defined in the Indian Contract Act 1872, and all payments there under shall be made in rupees unless otherwise specified.
1.15.00 CONTRACTOR’S DEFAULT:1.15.01 If the Contractor neglects to execute the ‘works’ with due diligence and
expedition or refuse or neglect to comply with reasonable orders given to him in writing by Owner in connection with the ‘O&M works’ or contravene the provision of the contract, the Owner may give notice in writing to the Contractor to make good the failure, neglect or contravention complained of. Should the Contractor fail to comply with the notice within seven days from the date of service thereof then in such case, the Owner shall be at liberty to employ other workmen and forthwith execute the part of the works as the Contractor has neglected to do or if the Owner think it fit shall be lawful to the Owner without prejudice to any other right, Owner may have under the contract to take ‘works’ wholly or under part out of the Contractor’s hands and reconstruct with any other person or persons, complete the works or any part thereof and in that event, Owner shall have free use of all ‘contractors’ equipment that may have been at the time on the ‘site’ in connection with the works without being responsible to the Contractor for the fair wear and tear thereof and to the exclusion of any right to the Contractor over the same and Owner shall be entitled to retain and apply any balance which otherwise due on the contract by him to the Contractor, or such part thereof as may be necessary to the payment of the cost of executing the said part of the ‘works’ or of completing the works as the case may be. If the cost of completing the works or executing the part thereof as aforesaid exceed the balance due to the Contractor; the Contractor shall pay such excess. Such payment of the excess amount shall be independent of the penalty for delay if the Contractor shall have to pay if the completion of works is delayed. In
addition of such action by the Owner as aforesaid shall not relieve the Contractor of his liability to pay penalty for delay in completion of works as defined in clause certificate not to affect the right or owner and liability of contractor.
1.15.02 The termination of contract under this clause shall not entitle the contractor to reduce the value of Security deposit nor the time thereof. The performance guarantee bond shall be valid for the full value for the contract period.
1.16.0 FORCE MAJEURE:1.16.01 At any time during the continuance of this contact, if the performance
in whole or in part of any obligation under this contract shall be prevented or delayed by reasons of any war, hostility, acts of public enemy, acts of civil commotion, strikes, lockouts, sabotages, fires, floods, explosion, epidemics, quarantine restrictions or other acts of God (hereinafter referred to as eventualities) then provided notices of the happening of any such eventualities given by the Contractor to the owner within 15 days from the date of occurrence thereof, neither party shall, by reasons of such eventualities be entitled to terminate this contract, nor shall have any claim for damages against the other in respect of such non performance or delay in performance and the work under this contract shall be resumed as soon as practicable after such eventuality has come to an end or ceased to exist.
1.16.02 If the performance in whole or part by the Contractor or any obligation under the contract is prevented or delayed by Force Majeure condition for a period exceeding 15 days, the Owner may at his option, terminate the contract by notice in writing.
1.17.00 DELAYS BY OWNER OR ITS AUTHORISED AGENTS:
If in the opinion of the owner the work is delayeda) By reason of proceedings taken or threatened by disputes with
adjoining or b) Neighboring owners or public authorities or
c) By reason of Owner instructions ord) In consequence of Contractor not having received in due time,
necessary instructions from the Owner for which he shall have specifically applied in writing or the Owner shall extend the completion of contract by the period equivalent to the delayed period without price escalation of any sort. The Contractor shall nevertheless endeavor to prevent delay and shall do all that may be reasonably required to the satisfaction of the Owner to proceed with the work.
1.18.00 TERMINATION OF CONTRACT
1.18.01 The Owner may terminate the contract after giving seven days notice if an of the following occur.
a) The Contractor (being an individual or a firm) commits any act of Insolvency.
b) Shall be adjudged an insolvent or shall make an assignment or Composition for the greater part in number of amount of his creditors or shall enter into a deed of assignment with his creditors.
c) Being an incorporated company shall have an order made against it or pass an effective resolution for winding up either compulsorily or subject to the supervision of the court or voluntarily or if the official assignee of the Contractor shall repudiate the contract or if the official assignee or the liquidator in any such winding up shall be unable, within seven days (7) after the notice to him requiring him to do so to show to the reasonable satisfaction of the Owner that he is able to carry out and fulfill the contract and if required by the Owner to give security thereof.
d) If the Contractor (whether an individual firm or incorporated company) shall suffer execution to be issued.
e) If the Contractor assign or sublet the 'contract' without obtaining the Consent in writing of the Owner.
f) If the Owner certify in writing that in his opinion, the Contractor i) Has abandoned the contract or__________________________________________________________________________________O/o Superintending Engineer(Ele), Shivasamudram Malavalli (Tq) Mandya(Dist) email: [email protected], website:www.karnatakapower.com, Telefax: 08231-247027
ii) Has failed to commence the 'work' or has without any lawful excuse Under these conditions suspend the progress of the 'works' for seven (7) Days after receiving from the Owner written notice to proceed.
iii) Has failed to proceed with the works with due diligence and failed to Make such due progress as would enable the works to be completed within the time agreed upon or
iv) Has failed to remove' material from site or to pull down and replace works within seven (7) days after receiving from the Owner written notice that the said material or work were condemned and rejected by the Owner under these conditions or
v) Has neglected or failed persistently to observe and perform all or Any of the acts, matters or things by this contract to be observed and performed by the Contractor for seven (7) days after written notice have been given to the Contractor requiring the Contractor to observe and perform the same.
vi) Has to detriment of good workmanship or in defiance of the Owner's instruction to the contrary, sub contracted part of the Contract.
1.18.02 Then in any of the said causes, the Owner may not withstanding any previous waiver after giving seven (7) days notice in writing to the Contractor determine the "contract" but without thereby affecting the obligation and liabilities of the Contractor; the whole of which shall continue to be in force as fully, as if the 'contract' had not been so determined and as if the 'works' subsequently executed has been executed by or on behalf of the Contractor.
And further the Owner or its agents or its employees/servants may enter upon and take possession of the works and all plants, tools, scaffoldings, Sheds, machinery power source, utensils and other materials lying upon Premises or the adjoining lands or roads and use them as its own property or may employ the same by means of
his own servants and workmen, engaged by him to carry on and complete the 'works' and the Contractor shall not in Any way interrupt or do anything to prevent or hinder "others" employed for completing and finishing or using the material and .plant for the 'works'. When the 'works' shall be completed or as soon thereafter as convenient, the Owner shall give a notice in writing to the Contractor to remove his surplus material and plant and should the Contractor fail to do so within a period of fourteen (14) days after issue of such notice the Owner shall dispose them by suitable means and shall give credit to the Contractor for the amount realized.
1.18.03 The Owner shall thereafter ascertain and certify in writing under his hand what (if anything) shall be due or payable to by the Contractor, after considering the realized value of the said plant and materials so taken possession of by the Owner might have incurred in getting the 'works' so completed and the progress or any other payment which may be due but not paid to the Contractor. The amount so certified shall be paid by the Owner to the Contractor or by the Contractor to the Owner as the case may be and the Certificate of the Owner shall be final and conclusive.
1.18.04 On termination of the 'contract' for any cause, the Contractor shall see to the orderly suspension and termination of operation with due consideration to the interest of the Owner with respect to completion, safeguarding or storing of equipment produced for the performance of the "contract" and the salvage and resale thereof.
1.18.05 Has failed to rectify/make good his failures within a period of days.1.18.06 Has failed to perform any other obligation under Contract.
1.19.00 NO WAIVER OF RIGHTS: Neither the inspection by the Owner or any of their officials,
employees or agents nor any order by the owner for payment of money or any payment for or acceptance of the whole or any part of
the works by the Owner nor any extension nor any possession taken by the owner shall operate as a waiver of any provision of the contract or of any power herein reserved to the owner or any right to damages herein provided, nor shall any waiver of any breach in the 'contract' be held to be a waiver of any other or subsequent breach.
1.20.00 CERTIFICATE NOT TO AFFECT THE RIGHT OF OWNER AND LIABILITY OF CONTRACTOR:
No interim payment certificate of the owner, nor any sum paid on account by the Owner nor any extension of time for execution of the 'works' granted by the Owner shall affect or prejudice the right of the Owner against the Contractor or relieve the Contractor of his obligation for the due performance of the contract or be interpreted as approval of the works done or of the equipment furnished and no certificate shall create liability to the Owner to pay for alteration, amendment, variation or additional 'works' not ordered in writing by the Owner or discharge the liability of the Contractor for the payment of damages whether due, ascertained or certified or not or any sum against the payment of which he is bound to indemnify the Owner nor shall any such certificate nor the acceptance by him of any sum paid on account or otherwise affect or prejudice the right of the "Owner against the contractor”.
1.21.00 COMPLETION OF CONTRACT:Unless otherwise terminated under the provision of any other relevant clause, this contract shall be deemed to have been completed at the expiration of the 'Guarantee period' as provided for under the Clause entitled "Guarantee".
1.22.0 ENFORCEMENT OF TERM:The failure of either party to enforce at any time any of the provisions of this 'contract' or any rights in respect thereto or to exercise any option herein provided shall in no way be construed to be a waiver of such provisions, rights or options or in any way to affect the validity of the contract. The exercise by either party of any of his rights herein
shall not preclude or prejudice either party from exercising the same or any other right if any have hereunder.
1.23.0 OWNER’S DECISION:1.23.01 It shall not be obligatory on the part of the employer to offer any
employment to the contract personal engaged by the contractor on completion of period of contract in his establishment nor shall it be obligatory on the part of the contract to accept an employment under the employer.
1.23.02 In respect of all matters, which are left to the decision of the Owner Including the granting or withholding of the certificates" the Owner shall, if required to do so by the Contractor, give in writing a decision thereon.
1.23.03 If in the opinion of the Contractor a decision made by Owner is not in accordance with the meaning and intent of the 'contract' the Contractor may file with the Owner within fifteen (15) days after receipt of the decision a written objection to the decision. Failure to file an objection within the allotted time will be considered, as acceptance of the Contractor of the Owner's decision and the decision shall become final and binding. On receipt of any objection from the contractor on the decision. of Owner, the Owner will review and inform the Contractor in writing that decision of Owner shall be final and binding on the contractor.
1.24.00 SUSPENSION OF WORKS:1.24.01 The Owner reserves the right to suspend and reinstate execution of the
whole or any part of the 'works' without invalidity the provision of the 'contract.' Orders for suspension or reinstate of the works will be issued by the Owner to the Contractor in writing.
1.24.02 The Owner shall not be responsible for any liabilities if suspension or delay is due to some default on the part of the Contractor or his sub-vendor/subcontractors.
1.25.00 POWER TO VARY OR OMIT WORKS:1.25.01 No alteration, amendments, omission, additions or variation of the
works (herein after referred to as variations) under the contract as detailed in the contract documents shall be made unless directed in writing by the Owner. The Owner shall have full powers subject to the provision hereinafter contained from time to time during the execution of Contract to make such variation without prejudice to contract. The Contractor shall carryout such variation and be bound by the same condition as though they said variation occurred in the contract documents. If any suggested variation, in the opinion of the Contractor, if carried out would prevent him from fulfilling any of his obligation or guarantees under the contract he shall notify the Owner thereof in writing and or the Owner shall decide forthwith whether or not the same shall be carried out and if the Owner confirms its instruction, the Contractors obligation and guarantees shall be modified to such an extent as:' may be mutually agreed. Any agreed difference in cost occasioned by any such variation shall be added to or deducted from the contract price as the case may be.
1.25.02 In the event of Owner requiring any variation, such reasonable and prompt notice shall be given to the Contractor to enable him to work his arrangement.
1.25.03 In any case in which the Contractor has received instructions from Owner as to the requirement of carrying out the altered or additional substitute work the addition or deletion of the scope of work will be governed by the unit price indicated in the price schedule.
1.26.00 DEFENCE OF SUITS:1.26.01 If any action in court is brought against the owner an officer or agent of
the owner for the failure, omission or neglect on the part of the Contractor to perform any acts, matters, covenants of things under the 'contract' or for Damage of injury caused by the alleged omission or negligence on the part of the Contractor, his agents, representatives or his sub-vendor/subcontractors or in connection with any claim based on lawful demands of sub-vendors/subcontractors, workmen, suppliers or employees, the contractor shall in all such cases indemnify and keep
the Owner and/or its representative harmless from all losses, damages, expenses or decrees arising out of such action.
1.26.02 The owner shall have full power and right at its discretion to defend or compromise any suit or pay claim or demand brought or made against him as aforesaid whether pending or threatened, as he may consider necessary or desirable and shall be entitled to recover from the Contractor all sums of money including the amount of damages and compensation and all legal costs, charges and expenses in connection with any compromise or award which shall not be called into question by the Contractor and shall :be final and binding upon the Contractor.
1.27.0 LIMITATIONS OF LIABILITIES:The release of the Contractor from all his liabilities under the 'contract' shall be made only at the end of the 'contract period' as detailed in clause DEFENCE OF SUITS above or till such time of the contractual liabilities and responsibilities of the Contractor shall prevail.
1.28.00 SECRECY: The Technical information, drawings, specifications and other related
documents forming part of the contract are property of the owner and shall not be used for any other purpose, except for execution of the contract. All rights, including rights in the event of grant of a patent and registration of designs are reserved. The technical information, drawings, specification, records and other documents shall not be copied, transcribed, traced or Reproduced in any other form or otherwise in whole and / or duplicated, modified, divulged and / or disclosed to a third party nor misused in any other form whatsoever, without the engineer's previous consent in writing, except to the extent required for the execution of this contract SHIVASAMUDRAM.
1.29.00 SUIT OR PROCEEDINGS:Any suit or proceedings arising out of this contract shall be instituted at law courts in Bangalore, Karnataka state, India. Bids with arbitration clause are not acceptable by KPCL.
1.30.00 INSPECTION AND TESTING:1.30.01 The Engineer or his duly authorized representative shall have at all
reasonable times access to the contractor’s premises or works and shall have the power at all reasonable times to inspect and examine the materials and workmanship of the plant during its manufacture or erection there and if part of the plant is being manufactured or erected on other premises or works, the contractor shall obtain from the Engineer or from his duly authorized representative, permission to inspect the plant or materials as if the plant or materials were manufactured on the Contractor’s own premises or works.
1.30.02 The Engineer, shall on giving seven days notice in writing to the Contractor, setting out any grounds of objections which he may have in respect of the work, be at liberty to reject all or any materials, which in his opinion are not in accordance with the Contractor or are in his opinion defective for any reasons what so ever.
2.00 SALIENT FEATURES OF SHIMSHAPURA POWER STATION
2.01 The Shimshapura Power House is one of the oldest power projects in the state of Karnataka. This project envisages hydropower development from the river Cauvery. Cauvery River is one of the important east flowing rivers, which takes its origin near Talakaveri in Kodagu district at an elevation of 1235M. The river flows through Kodagu, Mysore and Mandya districts of Karnataka and enters Tamilnadu State near Mettur and thereafter flows through the plains of Tamilnadu and joins Bay of Bengal near Karikal.
2.02 The water of the Cauvery river reaches two anicuts “Madhavamantri” and “Danagere”. The water impounding capacity of these two anicuts is 89 & 39 MCft. The water from Danegereanicut reaches the head works near Shivasamudram The power channel gates control the water let out to the Shivasamudram balancing reservoir (29 MCft) (SBR).
2.03 From the SBR the water is regulated through gates and is taken through Shimsha canal having the capacity of 900 Cusecs towards “Netkal Balancing reservoir (NBR) of the Shimshapura Power House.
The NBR having capacity of 11 MCft feeds about 450 cusecs of drinking water to Bangalore. From the NBR a power channel feeds the water to Shimshapura Power house through a low-pressure penstock and through the 2 high pressure Penstocks.
2.04 COMMUNICATION AND TRANSPORT The project site is located at about 20 kms from Malavalli which is on
the state highway of Bangalore-Kollegal route and is approximately at a distance of 120 kms from Bangalore.
2.05 GUARANTEES: The equipment and workmanship shall be guaranteed by the
contractor for satisfactory performance for a period of 12 months from the date of completion of work or 18 months from the date of dispatch of materials. Any part which proves defective either in design, materials and/or manufacture within the above guarantee period shall be replaced free of cost to the purchaser at site. The contractor shall extend the Bank Guarantee furnished towards Security Deposit beyond the stipulated period, in case defects are noticed during the guarantee period. The Bank Guarantee shall be valid till such time the defects are rectified and performance of equipment/material are satisfactory for a period of six months from the date of rectification of such defects or expiry of guarantee period, whichever is later.
2.06 SCHEDULE OF PRICES: The Bidders shall fill in the form of schedule of prices as per the format enclosed in the tender document. The quoted prices shall be inclusive of wages as per minimum wage Act in force, insurance, service tax, PF with all other prevailing applicable taxes and duties & breakup of Taxes shall be clearly indicated. Tender shall not be considered which not as per prescribed format and does not bear the tenderer signature and address at the bottom of the schedule.
2.06.01 The price quoted shall be firm and shall include all the taxes, duties, cess, Transportation, Accommodation, insurance charges, service tax and other miscellaneous expenses etc. All applicable TDS will be effected as per GOK/GOI tax regulations.
2.06.02 The agency has to furnish the PF remittance details, details of wages paid, details of personal accident policy and service tax remittance
details in the prescribed formats along with the bills for arranging payments.
2.07 CONSIGNEE: All the materials shall be consigned to Executive Engineer (O&M)/
Shimsha, Karnataka Power Corporation Ltd., and under intimation to the Superintending Engineer (Ele) Shiva, Karnataka Power Corporation Ltd, Shivasamudram-571437.It shall be dispatched to Shivasamudram, Malavalli taluk, MANDYA District duly packed and forwarded on freight paid, door delivery basis.
2.08 COMPLETION PERIOD: The work shall be completed within one month from the date of receipt of work order.
2.08 TERMS OF PAYMENT: 100% payment will be done after successful completion of the work.
The final measurements shall be recorded and the payment shall be made in the first and final bill unless recorded otherwise if any part of the agreement after affecting all the recoveries. All the payment to the contractor shall be made by Cheque and no amount shall be paid in cash.
2.09 PENALTY: The contractor shall be liable for a penalty of 1/2 % per week of the contract value subject to maximum of 10% of the Contract value and shall be applicable for delay in completion of work beyond contractual period.
2.10 VALIDITY PERIOD: The price schedule shall hold good for a period of 180 days No request for enhancement of rates shall be entertained.
2.13 TAXES & DUTIES: All the taxes and levies applicable during the currency of the contract
shall be recovered from the bill. 2.14 CONDITIONS IN THE ORDER:
Whatever may be the conditions of service specified in the tender quotations, it is only the conditions indicated in the schedule of order that will bind the Superintending Engineer (Ele), KPCL, Shivasamudram. If any condition quoted by the contractor is to be included, the contractor shall specifically raise the issue before the schedule of order reaches him and get the same either accepted or clarified.
2.15 PAYING AUTHORITY: All payments in respect of work will be effected by Accounts Officer, Karnataka Power Corporation Ltd. ,Shivasamudram—571437, The Contractor shall raise the bills in triplicate in favour of Accounts Officer, Karnataka Power Corporation Ltd., Shivasamudram& copy of the bills to: The Superintending Engineer (Ele.) Karnataka Power Corporation Ltd., Shivasamudram — 571 437
2.16 CORPORATION’S LIEN ON EQUIPMENT:The Corporation shall have lien on all equipments including those of the Contractor brought to the ‘site’. The Corporation shall continue to hold the lien on all such equipments throughout the period of contract. No material brought to the site by the Contractor and/or his Sub-Contractor shall be taken out of the site without the prior written approval of the Corporation.
2.17 DISCIPLINE OF WORKMENT:The Contractor shall adhere to the disciplinary procedure set by the Corporation in respect of his employees and the workmen at site. The Corporation shall be at liberty to object to the presence of any representative or employee of the Contractor at the site if in the opinion of the Corporation, such employee has mis-conducted himself or be incompetent or negligent or otherwise undesirable and then the Contractor shall remove such a person objected to and provide in his place a competent replacement at his own expenses.
2.18.00 ARBITRATION:The settlement of dispute by reference to arbitration is not acceptable to this contract.
SECTION — IllTECHNICAL SPECIFICATION AND SCOPE OF WORK
3.00.00 SCOPE OF WORK:
3.01 This section of the specification covers providing “Supply, Fabrication and Erection of MS chequered plates for ‘F’ point gates platform at Shimshapura” Malavalli Taluk, Mandya District Karnataka.
3.02 The existing MS chequered plates laid over ‘F’ point gates at Shimshapura which are provided for the movement of personnel for monitoring of water level and removal of weeds are completely worn out and it is very difficult to clean and remove the weeds from trash racks.It was found that most of the plates are worn out and large holes have been formed. It is also found that the chequered plates are not provided near the operating gates, which is dangerous and there are chances of slippage of personnel working, into flowing water. Hence from the safety point of view, it is proposed to replace all the worn out chequered plates with new ones.
3.03 Supply, Fabrication and Erection of MS chequered plates for ‘F’ point gates platform at Shimshapura details are being indicated in Price schedules.
![[XLS] Report... · Web viewKARNATAKA BANK LTD. KAYA LIMITED KEC INTERNATIONAL LTD. (FORMERLY KNOWN AS KEC INFRASTRUCTURES LTD.) KESAR PETROPRODUCTS LTD KESORAM INDUSTRIES LTD KEWAL](https://static.documents.pub/doc/80x56/5ac79c417f8b9a42358b9ef2/xls-reportweb-viewkarnataka-bank-ltd-kaya-limited-kec-international-ltd-formerly.jpg)
