BidderSd/- TPO

THENMALA ECOTOURISM PROMOTION SOCIETY (TEPS)(A Kerala Government Undertaking)

Thenmala Dam Junction, Thenmala, Kollam 691308Phone: 0475-2344800/2344855/9496344800, Email: info@thenmalaecotourism.com

Tender DocumentTender no. TEPS/G1/664/2016-17 (1) Date: 24.01.2017

1. Owner: Thenmala Ecotourism Promotion Society 2. Tendered by: Thenmala Ecotourism Promotion Society 3. Tender No: TEPS/G1/664/2016-14. Name of work: Beautification works for indoor activity area at

zone D in TEPS5. Cost of Tender form: Rs. 400+KVAT 6. Earnest Money Deposit: Rs.2500/-7. Sale of tender form Date and

Time08-02-2017 at 1.pm

8. Date & time of submission of tender:

08-02-2017 at 2.00 p.m.

9. Date and time of opening of the tender:

08-02-2017 at 2.30 p.m.

10. Place of opening of the tender: Thenmala Ecotourism Promotion Society, Dam Junction, Thenmala-691308, Ph: 0475-2344800, 2344855, 9496344800.

11. Security Deposit 5% Subject to a maximum of 1 lakh12. Completion period: Three months from the 7th date of issue of work

order.13. Penalty for delay in completion As per the PWD norms14. Defect Liability period As per the PWD norms

Sd/- Tourism Promotion Officer

Place: ThenmalaDate: 24.01.2017

THENMALA ECOTOURISM PROMOTION SOCIETY (TEPS)(A Kerala Government Undertaking)

Thenmala Dam Junction, Thenmala, Kollam 691308Phone: 0475-2344800/0475-2344855, Email: info@thenmalaecotourism.com

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Tender DocumentA. Introduction

Thenmala Ecotourism Promotion Society (TEPS) is a Government of Kerala Undertaking under the administrative control of the Department of Tourism Government of Kerala. TEPS is registered under the Travancore Cochin Literary Scientific and Charitable Societies Act 1955. TEPS is formulated with the following objectives

a. To develop Thenmala Dam and its surroundings as a major tourist destination.b. To promote ecotourism on the basis of sound principles of ecological sustainability in the surrounding areas of Thenmala. c. To have a well planned tourism destination with emphasis on sustainable tourism development so as to become a model for other destination

development programmes.TEPS has created various attractions for tourists in and around the Thenmala Dam premises like leisure zone, Adventure Zone, Culture Zone, Deer Rehabilitation Center and Boating the Shenduruney Wildlife Sanctuary Reservoir. The attractions are in the Thenmala Village, Thenmala Panchayat, Anchal Block, Pathanapuram Thaluk, Kollam District, Kerala, India. Thenmala is 62 Kms from Kollam along the NH 208 and 72 Kms from Thiruvananthapuram on the State highway connecting Shenkottai.TEPS being a Public Sector Undertaking has adopted the Kerala PWD norms for the award and execution of works. Being a Public Sector Undertaking which functions differently to that of Government Departments TEPS has made certain deviations from the Kerala PWD norms suiting its functions.

B. Definitionsa. TEPS: Chief Executive, Thenmala Ecotourism Promotion Society.b. Chief Executive: Chief Executive of Thenmala Ecotourism Promotion Society.c. TPO: Tourism Promotion Officer of Thenmala Ecotourism Promotion Society.d. Tendered/Bidder: Any individual/Firm/Agency/Contractor who has quoted in the tender accepting all its conditions for undertaking the work.e. Work: Work mentioned as “Name of work” in page 1 of this tender document.C. Submission of tender1. The tender is one covers one with prequalification bid, required enclosures and the financial bid to be submitted having required seal

superscripting the name of the work “Beautification works for indoor activity area at zone D in TEPS”name and address of the contract addressed to Tourism Promotion Officer Thenmala Ecotourism ,Thenmala,Pin-691308 on or before the due date and time.

Prequalification and Financial Criteria 1. Valid PWD registration as per the Kerala PWD norms (copy to be enclosed) 2. Filled and signed tender original document. 3. Signed Stamp paper of Rs.200/- or prequalification agreement as per the PWD norms 4 .Prescribed EMD on behalf of TPO, TEPS 5. Financial bid have filled and signed financial bid with quote

D .General Conditions1. Sealed competitive tenders are invited for undertaking the work from experienced Firms/Agencies/contractors for executing such works.2. Bidders are strongly advised to go through all the documents in connection with this contract very carefully. The tender documents can be obtained

from the above office on cash payment of a registration fee (non-refundable) as mentioned in page 1 of this tender document. 3. Competitive quotations super-scribed with the tender number have to be deposited in the above office before prescribed time in page 1 of this tender

document. The Form of Tender duly filled, Signature on all pages, special conditions or omissions if any by the contractor in white paper, preliminary agreement in Rs.200/- stamp paper along with the EMD prescribed time in page 1 of this tender document in the form of DD/RTGS favoring the Tourism Promotion Officer, TEPS shall be put in sealed cover. Any bids received after the due time will be rejected.

4. The bids will be opened in the presence of available bidders or their authorised representatives who are present at prescribed time in page 1 of this tender document.

5. After opening of the bids, the information relating to the pre-qualification, examination, clarification, evaluation and comparison of quotations and recommendations concerning the award of contract shall not disclosed to the bidders and other persons not officially concerned with such process.

6. Subject to the owner right to accept any bid, and to reject any or all bids; the owner will award the contract to the bidder whose bid has been determined to be substantially responsive to the bid documents and who has offered the lowest Evaluated quotation Price provided further that the bidder has the capability and resources to carry out the Contract effectively.

7. Prior to the expiry of the period of validity of the bid the TEPS will notify the selected bidder in writing that his bid has been accepted. This letter herein after referred as letter of acceptance shall name the sum which TEPS will pay to the selected bidder in consideration of the execution, completion, operation, maintenance and guarantee of the works by the selected bidder as specified by the contract (herein after called the contract price). This letter of acceptance will constitute the formation of a contract.

8. Bid notice not properly filled, mutilated with incorrect calculations or generally not complying with the condition will be rejected.9. If the bid is made by an individual/ partnership firm/ company all related documents showing the identity and involvement shall be provided.10. Earnest Money Deposit prescribed time in page 1 of this tender document in the form of crossed demand draft/Cash/RTGS in favour of Tourism

Promotion Officer TEPS payable at Thenmala. E.M.D of the unsuccessful bidders will be refunded without any interest within 30 days from the date of submission of the quotation. E.M.D may be forfeited.

i. If a bidder withdraws his bid during the period of validity specified.ii. If the successful bidder fails within the time limit to sign the contract document or fails to furnish the required security

deposit.11. The selected bidder will deposit a Security Deposit amount equal to 5% subject to a maximum of 1 lakh of the awarded contract value in the form of

Cash/demand draft/RTGS in favour of Tourism Promotion Officer, Payable at Thenmala, and valid for the entire period of construction within one week of the award of the work.E.M.D. will be refunded to the contractor after remittance of the security and execution of the agreement. The SECURITY DEPOSIT will be refunded to the contractor after the virtual completion of the work.

12. Retention Money at the rate of 10 % of the value of work done for each running bill will be deducted from first and following certificates until such time as the cumulative total of such deductions (herein referred to as the Retention money) shall amount to 5% of the contract price named in the letter of acceptance. Retention money shall be certified due for payment at the expiration of defect liability period of 12 months provided always that if at such time there shall remain to be executed by the contractor any works ordered during such period the owner shall be entitled to withhold the payment until the completion of such work or so much of the balance of rate may as shall in the opinion of the Chief Executive the cost of the work so remaining to be executed.

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13. All the deposits of E.M.D, SECURITY DEPOSIT AND RETENTION MONEY will not bare any interest whatsoever.14. Income tax at the rate prevailing at the time of payment will be deducted from each running bill and final bill.15. All statutory payments in connection with the employment of the Workmen for this work will be borne by the selected bidder.16. The selected bidder is the employer of all the workers engaged for this work and should therefore take all required registrations and pay premiums

correctly to labor welfare funds constituted by the union Government and Government of Kerala from time to time.17. Sales Tax on work (work contract tax) shall be deducted at percentage of the gross payment as stipulated by the Kerala Government Tax

Department.18. The deduction towards work contract tax shall be changed if the government revises the rate. Any tax omitted, to be deducted in any part bill shall

be deducted in the subsequent bills/final bill. 19. The bid shall remain valid for acceptance for a period of 30 days from the date of submission of the bids. If any bidder withdraws his bid before the

said period or makes any modifications in terms and conditions of the bid, then the Tourism Promotion Officer has the liberty to forfeit the said Earnest Money Deposit.

20. Every bidder is expected to inspect the site of the proposed work and acquaint himself with the site conditions approaches, availability of raw materials, geological and weather conditions etc. before quoting his rates. He must go through all the drawings, specifications and other quotation documents. Any further clarifications in the drawings and documents can be had from the TEPS at the above-mentioned address.

21. A drawing and specification of the work is attached with this bid notice. It shall be definitely understood that the TEPS and TEPS do not accept any responsibility for the correctness or completeness of this drawing and specification in respect of items and quantities and this drawing is liable to alteration by deletions, deductions, or additions at the discretion of the TEPS without affecting the terms of the contract.

22. The bidders rate must be firm and include the cost of transportation of workers to the site, all taxes such as Sales Tax, Excise and Octroi etc. and the fixing or placing in position for which the item of work is intended to be operated. The rates quoted by the bidder shall be firm throughout the contract period and there shall be no upward revision of the rates quoted by the bidder for any reason whatsoever. In addition to the statutory deductions towards Income Tax, work contract tax shall be deducted on the state government at the current rates. However the rate of deduction towards work contract tax shall be changed if the government revises the rates. And also deductions shall be made towards any other tax imposed by the government. It should be clearly understood that any claims for extra. Sales Tax, Excise duty, Construction tax or any additional tax etc. shall not be entertained in any case what so ever once the tenders are opened.

23. In interpreting the specifications, the following order of decreasing importance shall be followed:a) Drawings b) General specificationsMatters not covered by the specifications given in the contract, as a whole shall be covered by the relevant Indian Standard Codes. If such codes on a particular subject have not been framed, the decision of the TEPS shall be final.

24. No alterations shall be made by the bidder in the bid notice, drawings and specifications and if any such alterations are made or any special conditions attached, the tender is liable to be rejected.

25. The acceptance of a bid shall rest with the Authorised Representative of the TEPS who does not bind himself to accept the lowest bid and reserves to himself the authority to reject any or all the bids received without assigning any reason(s) whatsoever.

26. The authorised representative of the TEPS reserves the right of accepting the whole or any part of the bid received and the bidder shall be bound to perform the same at the rate quoted.

27. The work shall be carried out under the direction and supervision of the TEPS or their representative at site. On acceptance of the bid, the selected bidder shall intimate the name of his accredited representative who would be supervising the construction and would be responsible for taking instructions for carrying out the work.

28. The decision of Tourism Promotion Officer, TEPS with regard to the quality of the material and workmanship will be final and binding, any material rejected by the TEPS shall be immediately removed by the selected bidder.

29. No part of the contract shall be sublet without the written permission of the TEPS nor shall transfers be made by 'Power of Attorney' authorising others to carry out the work or receive payment on behalf of the selected bidder.

30. Any defect developed within 'Defect Liability Period' of 12 months will have to be rectified by the selected bidder at their own cost and in case the defects are not rectified by the selected bidder, TEPS or their representative shall get the work done at the risk and cost of the selected bidder.

31. The selected bidder shall not be entitled to any compensation for any loss suffered by him on account of delays in commencing or executing the work, whatever the cause for such delays may be including delays in procuring Government Controlled or other materials.

32. If TEPS wants to occupy areas in part, the selected bidder shall complete the work of these areas in conjunction with the TEPS and hand over the same to the TEPS without affecting any of the clauses of contract agreement.

33. The selected bidder should inspect the source of material, their quality, quantity and availability. The material must strictly comply with the relevant I.S. specifications.

34. The selected bidder must co-operate and co-ordinate with other contractors involved in other works on the site.35. Time is deemed to be the essence of this contract. The total time of completion can be considered as three months. Commencement of the work

shall be considered from the 7th day on issue of work order. 36. TEPS shall levy a penalty for every week of delay at the rate of 1% of the total contract to a maximum of 25% of the total contract value. The contract

stands cancelled without notice after 30 days after the date of completion mentioned in the work order. The supplier is not entitled for any claims after the completion period.

37. Time extension for work completion vests with TPO.38. Suitable area near the site of work shall be arranged by the selected bidder at his own expense and he will be solely responsible for guarding his

property and shall cover his property with requisite insurance against theft, fire etc. The selected bidder however will have to dismantle the sheds and vacate the land of all debris etc. at his own expense after completion of work. TEPS do not have any responsibility in this regard.

39. If the selected bidder has been asked to execute any such item / work in course of construction for which tender rates have not been quoted by him he must undertake such work the rates for such additional work shall be determined by the Owner on the following lines in the order of preference.

1. The rate to be derived from any of the quoted rates for similar item of the work in the quotation.2. Rates based on actual observation and / or analysis of labour and materials involved in such items. For

this purpose the selected bidder shall submit to TEPS detailed analysis of the rate proposed by the contractor supported by relevant vouchers/documents. While fixing the rates for extra items an allowance of 10 % of the cost will be provided towards, bidders over heads, profits and establishment taken together.

40. The selected bidder shall make his own arrangement for water and electricity required for the works. TEPS takes no responsibility for the supply of either electricity or water.

41. The selected bidder shall take out Contractor’s All Risk (CAR) insurance policy, jointly in the name of the TEPS and the contractor, and the original policy shall be deposited with the TEPS.

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42. All sanctions and approvals from the required authority’s viz. PWD, Panchayat, Municipality etc have to be arranged by the selected bidder. The statutory fees remitted by the selected bidder will be reimbursed separately on submission of the payment receipt in original. The agreement entered with the authorities if any has to be provided along with the final bill.

43. The work shall be measured in accordance with the relevant IS codes, except where otherwise specifically described in the contract.44. All disputes of any kind whatsoever arising out or in connection with the contract, whether during the progress of the supply or after their completion

shall be referred by the selected bidder to the Chief Executive TEPS and the Chief Executive TEPS shall within are reasonable time after their presentation make and notify decisions there on writing and which shall be final.

45. The payment for the work shall be effected as bank cheque after ascertaining the progress of work by TEPS.

This quotation notice will form part of the agreement executed with the selected bidder.

I/We hereby declare that I/We have read and understood the above instructions and the terms and conditions mentioned above are binding on me/us.

Sd/-Tourism Promotion Officer

Thenmala Ecotourism Promotion Society Thiruvananthapuram

Place :Date :

SIGNATURE OF THE BIDDER Form 83

This tender document is fully in line of Notice Inviting Tenders for Works FORM NO 83 and 84 of the Kerala Public Works Department. The latest amendments to form No 83 till the date of the tender will be applicable. The Tourism Promotion Officer TEPS will be the officer authorized for the matters of this tender and the final authority on the matters of the tender will be the Tourism Promotion Officer, TEPS. TEPS being a public Sector undertaking and functions with its own regulations, the final authority in the decision of the clauses of the tender will be the Tourism Promotion Officer. Any clarifications in the clause may be got in writing by the contractor from the Tourism Promotion Officer. The contractor if needed can appeal before the Chief Executive, TEPS in any matters relating to this tender.

NOTICE INVITING TENDER

1. Sealed tenders are invited for and on behalf of the TEPS from contractors for the work as mentioned in page 1 of this tender document. 2. The items and sub-heads of works to be done are enumerated in the subjoined schedule. Unless otherwise specified, the tender must be for the whole or

any individual work and part tenders are liable to rejection. A contractor may tender for more than one work with the Earnest Money Deposit (EMD) specified in each case, but shall not tender for any part of a work only, unless specifically so required.

3. All work shall be done in conformity with the specification and conditions of contract in force in the PWD. Tenderers must quote only a single rate as an overall percentage above or below or at the rate given in the schedule by a single entry at the bottom of the schedule at the head quoted rate of the contractor by scoring out the irrelevant portion and attesting all corrections. The rates quoted shall be inclusive ones. Covering all the operations contemplated in the specifications and tender schedules and all incidental work necessary for such operations such as shoring, balling, form work, scaffolding etc. “The rates quoted shall be inclusive of tax.” a. When tenders are delivered based on contractors alternate designs, such tenders should be accompanied by a schedule of quantities of materials to

be used for each item work with complete details specifications and data. In such cases the benefit of any savings in the quantities of materials actually used up under each item of work during execution will accrue to Thenmala Ecotourism Promotion Society (TEPS).

b. The rate accepted and specified in the agreement shall not be varied on any account whatever.4. Tender sealed and endorsed as such with the name of the work clearly written thereon, should be delivered at the office as mentioned in page 1 of this

tender document.. They will be opened at the office as mentioned in page 1 of this tender document by the Tourism Promotion Officer (TPO) or any such officer as may be authorized in this behalf in the presence of such of those tenderers or their authorized agents as may be present. In case it is not possible to open the tender on the specified date due to any valid reason the revised time and date of opening of the tenders will be published in the notice board of this office. The total amount of each tender will be read out, the tender and all corrections in the tender will be attested by the tender opening officer with dates and initials and by the tenderer if present: A list of corrections which remain unattested by the tenderer will be made out and pasted to each tender. Each tender should be accompanied by a receipt for an EMD as mentioned in page 1 of this tender document. The EMD may be produced in one or other of the following forms:-

a. Draft on a nationalized / scheduled bank payable to the TPO.b. Deposit – at – call on a nationalized / scheduled bank assigned in favour of TEPS.c. Cash remittance

Tenders not accompanied by such deposit for receipt will not be considered. Contractors, who have deposited permanent EMD and have secured exemption from individual payments, need not do this except when special EMD is asked to be deposited.

5. Selected contractor if asked by TPO will be required to produce agricultural income, tax and sale tax clearance certificates before final payment is made for the work and before security deposits released.

6. The contractors submitting tender if specifically asked for by the TPO should produce copies of solvency certificates clearly indicating to what extent they are solvent from the Tahsildar of the Taluk where they reside along with their tenders.

7. Each tenders if specifically asked for by the TPO must also sent a certificate of income tax verification from the appropriate income tax authority in the form prescribed therefore. In the case of proprietary or partnership firm, it will be necessary to produce the certificate aforementioned for the proprietor or proprietors and for each of the partners as the case may be. If a certificate had already been produced by the tenderer during the calendar year in which the tender is made in respect of a previous tender it will be sufficient if particulars regarding the previous occasion on which the certificate was produced are given. All tenders received without a certificate aforementioned will be summarily rejected. The decision of TPO will be final in this regard.

8. The tenderer shall examine closely the Madras Detailed Standard Specifications, and also the standard preliminary specification contained therein and excluding clause 73 and other clauses relating to arbitration thereon and sign the office copy of the Madras Detailed Standard Specification and its addenda volume in taken of such study before submitting his tender unit rates which shall be for finished work in site. He shall also carefully study the drawings and additional specifications and all the documents which form part of the agreement to be entered into by the accepted tenderer. The Madras Detailed Standard Specifications and other documents connected with the contract such a specifications, plans ,descriptive specification sheet regarding materials etc., can be seen at any time during office hours on office days in TEPS office. A copy of the set of contract documents can also be had on re-registration by remitting Rs.200/- for each set.

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9. The tenderers attention is directed to the requirements for materials under the clause “Materials and workmanship” in the “Preliminary Specification”. Material conform to the Indian Standard Specification shall be used on the work, and the tenderer shall quote his rate accordingly.

10. Every tenderer is expected before quoting his rate to inspect the site for the proposed work. He should also inspect the quarries and satisfy himself about the quality and availability of material and satisfy himself the available space for dumping excess earth if any. The names of quarries, kilns, etc. where from certain materials are to be obtained “in quality and in sufficient quantity from the source defined” will be given in the descriptive specification sheet. The best class of material to be obtained from the quarries or other sources defined shall be used on the work. In every case the materials must comply with the relevant standard specifications, samples of materials as called for in the standard specification of in this tender notice, or as required by the TPO’s approval before the supply on site of work is begun. If the contractor after examination of the source of materials detailed in the descriptive specification sheet, is of opinion that material complying with the standard or other specifications of the contract cannot be obtained in the descriptive specification sheet, he shall so state clearly in his tender and state where from he intends to obtain the materials subject to the approval of the TPO. TEPS will not, however, after acceptance of contract rate pay any extra charges for lead or for any other reasons, in case the contractor is found later on to have misjudged the materials available, also the contractor should ensure that availability of dumping places for dumping the excess cut spoil if any before quoting his rate in tender. Attention of the contractor is directed to the” standard Preliminary specification” excluding clause 73 and other clauses relating to arbitration therein regarding payment of seignior age, tolls, etc. Note: TEPS does not undertake to construct or make available any approach road or any means of approach to the proposed worksite and the tenderer shall get acquainted with the available means of approaches to the proposed site and quote for the various items. TEPS shall not be liable for any claim raised later on the plea of non availability or not access to the site.

11. The tenderers particular attention is drawn to the section and clauses in the “standard preliminary specification” of the contract by scoring out the irrelevant portion and attesting all corrections dealing with clause-10- also the availability of dumping spaces.

1. Test inspection and rejection of defective materials and work.2. Carriage 3. Construction plant 4. Water and lighting5. Cleaning up during progress for delivery6. Accidents 7. Delays 8. Particulars of payments The contractor should closely peruse all the specification clauses which govern the rates which he is tendering.

12. In consideration of the tenderer being allowed to quote for the work, he should keep the tender firm for a period of four (4) months from the date of opening of the tender during which period or till the tenders are decided whichever is earlier, he will not be free to withdraw the tender. Any such withdrawal will entail forfeiture of the EMD for the work.

13. Before commencing work or within a week after the date when acceptance of the tender has been intimated to him, the tenderers shall deposit a sum, which shall make up 5% (five) percent of the Probable Value of Contract subject to a maximum of Rupees One lakh/-(rupees one lakh) and shall be treated as security for the proper fulfillment of the same and the tenderer shall execute an agreement for the work in the PWD schedule form. If he fails to do this or in the case of the contract maintain a specified rate of progress (to be specified in each case in the tender schedule) the EMD and security deposit shall be forfeited to TEPS and fresh tender 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 contracts or take possession of the work, any loss to TEPS results, the same will be recovered as arrears of revenue, but should it be a savings to TEPS, 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 as decided by TEPS.Note: The security deposit for the work should be made as Cash or DD in favour of TPO and produced while executing argument.

14. The acceptance of the tender rests with the TPO who does not undertake to accept the lowest or any particular tender. 15. The right to carry out the work in conformity with or in a manner entirely different from the terms of this invitation that may be considered most suitable

before or subsequent to the receipt of tenders due to exigencies of work is received with TEPS.16. Drawings, schedule of quantities, specification of work to be done and conditions of contract to be entered in to can be seen at the office of the TPO on any

working day during office hours or purchased from the TPO on registration fee per set as mentioned in page 1 of this tender document. It shall be definitely understood that TEPS does not accept any responsibility for the correctness or completeness of the schedule, that the schedule is liable to alternation by omission, deduction or addition at the discretion of the competent TEPS officer or as set forth in the condition of contract. The tenderer will however base this tender amount in the case of lump sum tender, on the basis of those quantities etc.

17. Printed forms of the tender and general specification can be obtained from the office of the undersigned by registering and paying fee as mentioned in page 1 of this tender document each. Tenders not submitted in such printed forms or submitted incomplete in any respect whatever such as unattested errors and corrections in rates, quantities, units or amounts (figures not expressed in words), totals of contract not entered etc., shall be liable to summary rejection.

18. The EMD of the unsuccessful tenderers will be refunded without interest immediately after tabulating tenders, keeping only the EMD of the first three lowest tenders. The EMD of the reaming unsuccessful tenderers will also be refunded without interest within a week from the date of acceptance of the tender.

19. Solicitor’s fee, if any, to be paid to the law officers of TEPS for scrutinizing or drawing up of the agreements, will be paid and the same recovered from the successful tenderers.

20. Tenderers must also state in their tenders, if they are prepared to carry out at their tendered rates such portion or portions of the work as may finally be allotted to them by the officer deciding tenders. Note: -TEPS reserves the right to allot such portion of the work included in the tender at the rates quoted by the tenderer in the absence of specific noting by the tenderer to the contrary against clause 4 on page 5 of tender (GWD form 84) such allotment shall not vitiated the acceptance and the tender shall indemnify TEPS against any loss to TEPS, due to failure on the part of the tenderer to carry out such portion of the work allotted to him at the rates quoted by him. The successful tenderer will have to carry out 25% more of the estimated quantity of every item at his agreed rates.

21. Any further information necessary can be obtained at the office of the undersigned on all working days during office hours.22. The work should be completed in all respects in three months from the date the order to start work order is issued and in any case not later than three

months.23. Payment on lump sum basis or any final measurement at unit prices:-

a. Final measurements need not be taken unless either the contractor or the TPO claims extras to or deduction from the quantities or schedule A.b. In case final measurements are claimed, they shall be taken only for those items for which either the contractor or the TPO claims final

measurements and the quantities of the remaining items in schedule A shall be accepted as correct. The lump sum amount mentioned in the agreement will then be carried by addition there to or deducting their from as the case may be the difference (if any), between the amounts mentioned in the schedule A for such items and the amounts arrived at by calculation at contract rates based on the revised quantities for the same, obtained by the final measurements aforesaid.

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c. It shall be accepted as a condition of the contract that the payment of the final bill to the contractor less the withheld amount and his acceptance thereof shall constitute a full and absolute release of TEPS from all further claims by the contractor under the contract.

d. Payment for additions and deductions for omissions.No authorized variation shall vitiate the contract but additions and omissions shall be measured and dealt with in accordance with clause 23 (b).

e. Item of work not expressly or impliedly described in the schedule, plans or specifications will be treated as “Extra”. They will include only item of work which though highly necessary for the proper execution of the work and for its completion, were not provided for in the original contract.

f. The execution of an extra item of work and payment therefore will be based on the following conditions:-i) There shall be an order in writing to execute the extra item of work duly signed by TPO before its commencement. ii) If the contractor, finds, after examining the specification and plans that extras are involved he should give notice to the TPO to this

effect and shall proceed with the execution of the extra item, only after receiving instructions in writings from the TPO. g. Extra items may be classified as additional substituted or altered items, depending on their relation or otherwise to the original item or the

items of work.h. The rates for extra item shall be worked out as below.

In the case of percentage rate contract, the rate for extra item shall be arrived at by applying the percentage excess or deduction to the departmental data rate as per the original schedule on which the tender were invited.

i. Wherever the term “Departmental Data rate” appears, it shall mean the rate derived from the PWD schedule of rates and shall include conveyance charge and contractors profit.

j. In case in which the contractor has executed extra items not complying in the agreement but the rates of which requires sanction of higher authorities, the TPO may in such case sanction advance up to an amount not exceeding 75% of the amount for the item at the rate worked out and certified by the TPO. The TPO shall be in all such cases promptly record all authorized extra items executed by the contractor including detailed measurement and quantities, therefore in the measurement book. He shall neither enter any rate for the same in the measurement book nor include such extra items in the body of the bill. When the bill is received to TEPS the TPO shall prepare a separate statement for those extra items showing the item executed quantity of each item rate for each item worked out by him based on agreement conditions and amount for each item in the basis to the rate worked out by him. He shall also furnish a certificate to the effect that he has personally examined all the extra items and they are bonafide, the amount of payable for these items will not be less than the rate arrived at as per rules and that there is no objection in paying 75% of this amount as a secured advance. On receipt of the bill with the above statement and certificate, the TPO may make payment not exceeding the amount recommended by the TPO as a lump sum secured for work done but not billed for.

24. Deleted and substituted as follows: - 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 Chief Executive of TEPS.

25. The contractor shall not without the previous sanction in writing of the TPO, execute any power of attorney in respect of any matter, touching this contract ,and any such power of attorney executed without such sanction shall not be recognized by or be binding upon TEPS or their officers. It shall be entirely within the discretion of the TPO either to grant such sanction or to refuse it or to revoke a sanction once given.

26. No part of the contract shall be sub let without the written permission of the TPO nor shall transfer be made by power of attorney authorizing other to receive payment on contractor’s behalf.

27. The TPO reserves the right to reject any tender or all the tenders without assigning any reason therefore.28. Materials supplied by TEPS from its stores and shall remain the property of TEPS though in contractor’s custody and shall not be removed from the stores

at worksite except under written authorization by TPO. The amount of maximum wastage of the materials shall be prescribed at the discretion of the TPO and the recovery will be made at the rates fixed.

29. Any materials available in TEPS stores if issued to the contractor will be recovered at book value of issue rate plus 20% supervision charges or market value or data rate whichever is higher. The fixing of market rate will be governed as per clause 33.

30. If the PWD quarries are not situated within a convenient distance from the site of the work. The contractor’s quoted rates shall be inclusive of seigniorage, ground rent etc that may be payable to the owners of the private quarries.

31. In making payment the total amount of the bill will be rounded off correct to the nearest rupee32. (a) when power rollers (which term includes steam and diesel rollers) are hired out to contractors, hire charge for the rollers (which include cost of

lubricating oils, grease, small stores and establishment charges but exclude cost of fuel) shall be recovered at the rate fixed by TPO per day of eight hours for the full period the roller is hired out to the contractor, including non working days except for authenticated period of breakdown of the roller for the full working hours of a day that is 8 hrs from 8 a.m. to 5 p.m. (including one hours interval for lunch) and for Sunday and other public holidays if there is no work on these days. The daily rate of hire fixed by the TPO, shall be for a day of 8 hrs or part there off between 8 a.m. to 5 p.m. with one hour interval for lunch. (b) If there is work on Sunday and other public holiday the hire charge for the rollers shall be recovered at the rate as fixed by TPO.(c) When power roller is worked on any day in excess of eight hours (that is outside the normal working days between 3 a.m. and 5 p.m.) hire at the rate fixed by TPO on hourly rate applicable for that day (based on the rate for eight hours shall be levied for every extra hours or part thereof.(d) The average our-turn expected from a power roller for a day of 8 hrs shall be fixed by the TPO for the various items of road work. A variation of plus or minus 12 ½ percent may be allowed to this average. If the daily out turn from the roller falls outside the permissible variations, the contractor shall be charged at one and a half time the rate of normal hire for the day specified for the roller concerned.However, this clause shall not be applicable in the case where the variation is due to authenticated period of breakdown of the roller or inclement weather.

32 (a) In addition to the hire charges, necessary water, split firewood, diesel oil (Fuel Oil) or powering, as the case may be required for the efficient working of the power roller, shall be supplied by the contractor at his cost. 33. Value of quantities of the department materials issued for the work either allowed to deteriorate or unaccounted for, amounting as it does to an excess

supply over the sanctioned requirements shall be recovered at book value or issue rate plus 20% supervision charges or market rate whichever is higher with sales tax and in addition specific penalty rates stipulated by the department. Market value will be the retail selling price of the material in the locality of the work or the nearest market town current on the day of issue, or recovery which is more. The TPO shall obtain the information and record within seven days of such issue, sending a copy to the contractor. The decision of TPO regarding current market rates shall be binding on the contractor. Unused balance if any at the time of completion or termination of the contract will not be accepted by the department. The cost of such materials amounting as it does to an excess over sanctioned requirements shall be recovered at book value plus 20% or current market rate whichever is higher and in addition to specific penalty rates as may be fixed by TPO in the form of departmental circular order from time to time shall also be recovered at the direction of TPO.

34. Tenderers should declare that they are not related to any TEPS employees who are in charge of having control of the work. Relationship in this will be restricted to father, mother ,son, daughter, brother, sister, direct uncle ,nephew, father in law, brother, in law, mother in law ,sister in law and first cousin of the officer concerned. If the above condition is found to have been contravened when they tender the EMD/ Security deposit of the tenderer/ tender will be forfeited and the contract entered into will stand cancelled.

35. The contractor will provide his own tools and plant. Store sheds to store his own material as well as those supplied by TEPS and will be entirely responsible for the proper use and safe custody of the later and also for any loss, damage, theft, mishandling, weathering or any cause what so ever.

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36. In case of schedule rate contract, If different rates are quoted for the same specification of work under identical working condition at the same site/in different appendices of the schedule the lowest quoted rates will be accepted for the time in all the appendices.

37. The contractor shall be responsible for the safety of the labor employed by him and he shall be liable to pay the necessary compensation in case of accidents, as per the workmen’s Compensation Act. The contractor will also be liable to abide by the fair wage clause condition attached separately.

38. Empty bags of cement used on the works need not be returned to the departmental stores. Value of empty cement bags will be recovered at rate fixed by the TEPS from time to time.

39. If TEPS undertakes to supply particular materials no claims for extra payment on account of delay in the supply of materials will be entertained. 40. In the case of construction of steining to wells, excessive tilts if any occurring to the extent which is more than the percentage allowed as per rules will have

to rectified by the contractor at his own cost and if the contractor fails to attend to the same it will be got attended to by other agency and the cost thereof recovered from the original contractor.

41. The contractor should take a license under the current explosive rules to enable him to manufacture and possess the quantity of gun powder required by him for blasting, if necessary.

42. The contractor shall employ engineering personnel as detailed below for a period of one to two years according to the tenure of the contract paying wages per month to the engineering graduates and engineering diploma holders as fixed by TPO.

Cost of work executed Number of personnel to be employed For works costing from Rs.10 lakh up to Rs.20 lakh one engineering diploma holder For works costing from over 20 lakh One engineering graduate and one engineering diploma

holder. 43. Tenders which are not in conformity with this tender notice are liable to rejection.44. This tender notice with the condition stated herein will form part of the contract documents. 45. In the case of schedule contracts when the rates quoted for a particular item in figures and words disagree, the rates quoted in words will be taken for the

purpose of settlement of the contract. The contractor is bound to accept this rates if the contract is awarded to him. Similarly in the case of percentage rate contract when the overall percentage rate quoted in figures and rate disagree. The rates noted in words will be taken for the purpose of the settlement of the contract. The contractor is bound to accept these rates if the contract is awarded to him.

46. The entry’s in the tender schedule issued by the TEPS is in no way to be corrected by the tenderers and if the tenderers have to note anything they should note the same as a footnote in the bottom of the page. If any correction is made by this tenderer in the tender schedule the tenders are likely to be rejected.

47. In the case of percentage rate contract the overall percentage rate quoted by the contractor shall not be varied on any account whatever and it shall hold good for all items done irrespective of variation in quantities.

48. The quantities provided for the schedule may vary widely and contractor should be prepared to do any excess over or below up to 25% the schedule quantities at his quoted rates for the works.

49. It shall be accepted as a condition of contract that the landed property or bank deposit based on which the 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 TEPS.

SPECIAL CONDITIONS

1. All works shall be done in conformity with the specification and condition in the contract in force in the PWD. The tenderer shall quote only single rate as an overall percentage above or below or at the rates given in the schedule by a single entry at the bottom of the schedule under the head. “Quoted rate of the contractor” by scoring out the irrelevant portion and attesting all the corrections. The rates quoted shall be inclusive once covering all the operation contemplated in the specification and tender schedule and all the incidental works necessary for such operations such as shoring, bailing, form work, scaffolding, etc. The rate quoted shall be inclusive of sales tax.

2. The rates quoted by the contractor for the various item shall be inclusive of all Electricity, Water, tools and plants required for the proper execution of work and all other incidental charges and separate claims for these will not be entertained under any circumstance.

3. The quantities shown in the schedule are only approximate and are subject to variation and the contractor is bound to do additional quantity of work, if found necessary at his quoted rates.

4. All the rates quoted should be inclusive of sales tax also. 5. All corrections and insertion in the original tender schedule whether in the printed material or elsewhere shall be attested by the tenderer.6. The contractor has to quote for the specification and unit noted in the schedule. No correction of specification unit or quality is admissible and if they make

any correction in the specification etc. The same will be rejected. If they have to note anything, they shall note the same as footnote at the bottom of the page.

7. The EMD should be attached to the tender, properly pledged, lest the tender will be rejected. 8. The contractor should note TEPS receipt number and amount of permanent earnest money deposit by him in his tender. 9. The contractor should produce the declaration in the form attached. 10. The contractor is bound to carry out the item of works which are not expressly or impliedly described in the tender schedule, plans, specifications and

agreement but which are found necessary for the proper completion of the work during execution. Payment for such extra items will be made on the basis of extra item condition vide clause 23 (c) of form no GWD 83.

11. For L.S item the contractor will be paid only for the actual quantity of the work done or materials supplied and labor engaged at the agreed rate for such item and as per condition number 10 above for extra item but such payment will be limited to the lump sum quoted by the contractor. If he fails to quote definite L.S rate for such item the L.S amount provided in the schedule will be operative in his case.

12. Roofing tiles hip tile wire cut bricks, surki, etc required for the work should be purchased from suppliers approved by the TPO. 13. Bitumen required for the work will be supplied by TEPS. The empty bitumen’s drums should be returned to the TEPS store in good condition, otherwise

their cost as fixed by TPO plus sales tax per drum with cost of bitumen will be recovered from the contractors.The contractor shall return the empty bitumen tar drum in an acceptable condition to the TPO. Empty tar bitumen drum in which top lid alone is cut opened and removed will be treated as acceptable to the TPO. In all other case when the drums are cut in irregular shape or in pieces, a penalty as fixed by TPO per empty tar / bitumen drum in addition to the value per drum will be recovered from the contractor.

14. For materials issued for the work but not used and note returned to the store sales tax at the prevailing rates will be recovered in addition to the departmental recovery plus 20% store rate.

15. For materials issued for the work but not used a penalty as fixed by TPO will be recovered in the addition to the value, storage and sales tax. 16. It will be the responsibility of the contractor to obtain necessary land for stalking the material also for arranging the work.17. Metal of the required size alone should be brought to the site of the work. Breaking boulders of rubble in to metal will not be allowed either on or the side of

the road. Metal should stacked on one side of the road only and in such a way as not to cause any hazards to traffic. The stacks should be formed as per the standards profile current in PWD.

18. The granite stone metal supplied should be sound hard tough and durable free for any decayed matter and of uniform color and texture. Each piece should have sharp angular edges. The metal should not also contain any quarry dust or earth.

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19. Silicious gravel shall consist of only hard nodules not more than 40 mm nor less than 6 mm dia, in any direction, scraped for the hill sides and free form admixture of earth of laterite chips.

20. Sand should be supplied clean, sharp and gritty to the touch, free from clay and other impurities and obtained from running water courses.21. Variation in supply in each 200 m length exceeding 1% from the approved indent will not ordinarily be allowed .But supplies above 1 per cent over meter

length may be accepted at the discretion of TPO and in that case such will be paid at ¾ of the agreed rate. Similarly if supply falls short by more than 1% recovery for this deficiency will be made at ¼ of the agreed rate. Excess supplies or deficiency in supplies over 10% however will be accepted only at the discretion of the TPO. Subject to it being penalized at half of the agreed rates. The maximum penalty shall how ever be limited to 10% of contract.

22. The contractor will have to make his own arrangement to convey the materials supplied by TEPS and for stalking, of materials and site shed etc. which are found necessary for the proper execution of the work. He will also be responsible for the safe custody of the materials till they are used on works.

23. The contractor should take out license for storing gun powder and explosives required for rock blasting as per existing laws. 24. Empty cement bags will not be taken back but its cost as fixed by TPO per bag will be recovered towards value with the usual sales tax.25. Recovery for M.S rods shall be effected at agreed rate for the quantity actually used plus wastage, if any. Percentage of wastage will be fixed by the TPO,

but at any rates it should not exceed 3% of the actual usage.26. If TEPS undertakes the supply of any materials, no claim for extra payment due to delay in supply of those materials will be entertained. 27. If materials other than the specified in the tender are issued by TEPS, recovery will be effected at data rate plus storage plus sales tax or at current market

rate at the time of issue whichever is higher. 28. Hire charge of tar boiler and sprayer if supplied by TEPS will be recovered at rate as fixed by TPO per day for the whole period they are in the custody of

the contractor. 29. Machinery like concrete mixer, pump set etc. If available will be supplied by TEPS as per rules and hire charges recovered from the contractor at the rates

fixed by TPO. The contractor has to take the machinery from the store and returned to the same spot at his cost and responsibility. 30. A day means 8 working hours for purpose of calculation of hire charges of roller, pump set and other machinery unless otherwise specified.31. The contractor has to take the roller from TEPS Store and return it to the same spot at his own cost and responsibility.32. (a) When power rollers (which term includes steam and diesel rollers) are hired out to contractors, hire charge of for the rollers (which include cost of

lubricating oils, grease, small stores and establishment charges but exclude cost of fuel) shall be recovered at the rate fixed by TPO per day of eight hours for the full period the roller is hired out to the contractor including non working days except, for authenticated period of breakdown of the roller for the full working hours of a day that is 8 hrs from 8 a.m. to 5 p.m. (including one hours interval for lunch) and for Sunday, and other public holidays if there is no work on these days. (b) If there is work on Sunday and other public holiday the hire charge for the rollers shall be recovered at the rate as fixed by TPO.

33. (a) When power roller are worked on any day, in excess of eight hours (that is outside the normal working days between 9 a.m. and 5 p.m.) hire at the rate as fixed by TPO on hourly rate applicable for that day (based on the rate for three hours ) shall be levied for every extra hours or part thereof.(b) The average our-turn expected from a power roller for a day of 8 hrs has fixed by the TPO for the various items of plus or minus 12 ½ percent may be allowed to this average. If the daily out -turn from the roller falls outside the permissible variations, the contractor shall be charged at one and a half time the rate of normal hire for the day specified for the roller concerned.However, this clause shall not be applicable in the case where the variation is due to authenticated period of breakdown of the roller or inclement weather.(c) in additional to the hire charges, necessary water, split firewood, diesel oil (Fuel Oil) or power, in the case may be required for the efficient working of the roller, shall be supplied by the contractor .

34. If part payment is claimed for metal supply: 75% of the supply will only be made in the part bill. The spreading and consolidation should be done within two months of the supply.

35. The payment of the earthwork item will be made as per level measurement or tape measurement as per rule prevailing in PWD. 36. All items should be carried out as per the relevant specifications in the MDSS and all clauses of preliminary specification excluding clause 73 and other

clause relating to arbitration thereon should be complied with.37. The moulds, shuttering etc required for the work should be made by the contractor and got approved by the TEPS officers at site before use.38. Tribes of the locality should be employed to the extent possible. The contractor should pay fair wages to the labor engaged on the work which will be fixed

by the Government from time to time and any due to the labor will be recovered from his bill as fixed by TEPS. 39. The contractor alone is responsible for the safety of his labors and damages. If any payable under workmen’s “compensation Act “will be to his debit40. It shall be the contractors responsibility to protect the public and his employees against accident from any cause during the execution of the work and he

shall indemnify TEPS against any claims for injury to person and property resulting from any such accident, and he shall, where provision of the “workmen’s Compensation Act “apply, takes steps to properly insure against any claims there under.

41. The contractor shall be liable for any loss caused to TEPS on account of the above work including any that may arise due to non fulfillment of the contract. He should comply with the rules laid down in the CPWD contract regulation regarding fare wages.

42. The work shall be completed in all respects and also at the rate of progress within the time limit and stipulation in the form number 83. Notice inviting tender failing which the contractor is liable to be fined as stipulated in the special condition no 49.

43. Defects if any noticed within 12 Months from the date of completion of the work will be got rectified by the contractor, in default of which this will be attended by TEPS and the cost made good from the contractor.

44. The contractor should produce the latest sales tax and agricultural income tax clearance certificate and also income tax clearance certificate for receiving final payment if stipulated by TPO.

45. The contractor shall be responsible for the payment of sales tax as per rules in force from time to time and the rates quoted for the various items remain unaffected by any changes that may be made from time to time in the rate at which such tax is levied. Sales tax, and agriculture income tax and income tax due to Government from the contractor will be recovered from his bill for the work as per advice of the authorities concerned.

46. All sum due to the TEPS/Government under or by virtue of the contractor shall be recoverable first from the security furnished by the contractor and if the same is found insufficient, such deficit amount shall be recoverable under the provisions of the revenue Recovery Act for the time being in force as though the same were arrears of land revenue or in any other manner as the TEPS/Government may deem fit.

47. The contractor agree that before final payment shall be made on the contract, he will sign and deliver to the TPO either in the measurement book or otherwise as demanded. A valid release and discharge from any and all claims and demands whatsoever for all matters existing on or connected with the contract. Provided anything in this clause shall discharge or release the contractor from his liabilities under the contract. It is further expressly agreed that the TPO in supplying the final measurement certificate need not be bound by the proceeding measurement and payments. The final measurement if any, of the TPO shall be final conclusive and binding on the contractor.

48. The tender notice and form no 83, notice inviting tender shall form part of the agreement.49. The date fixed by the TPO for the commencement and completion of the work as entered in his agreement shall be strictly observed by the contractor who

shall pay damage at the rate of (1) one percent on the estimate value of the contract for every day not exceeding five days that work remains uncommenced or unfinished after the proper date and further to ensure good progress during the execution of work, the contractor shall be bound unless the contract provides otherwise in all case in which the time allowed for a work exceed on month to complete, One fourth of the whole work to be done when one fourth of the whole time allowed for its has elapsed one half of the work when one half of time has elapsed and three fourth of work when three fourth of time has elapsed and the penalty for the failure in either of these case 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. Provided always that the entire amount

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of damages to be paid under the provision of the clause shall not exceed on the whole amount of retention plus security deposit. All damages payable under the provision of this case shall not exceed in the whole amount of retention plus, the security deposit. All damages payable under the provision of this clause or clause 12 of the condition of the contract shall be considered as liquidated damages to be applied to the use of the TEPS/Government without reference to the actual loss sustained owing to the delay.

50. If during execution, the proportion of usage of materials issued departmentally alone is varied for which the price has been fixed in the tender. The quoted rate of the item will be allowed effecting short or excess of departmental materials actually used as well as labour charges for handling the short or excess if any provided is in the same, position.

51. The EMD of the unsuccessful tenderers will be refunded immediately after tabulating the tenders keeping only the EMD of the first three lowest tenders; the EMD of the remaining two unsuccessful tenders will be refunded within a week from the date of acceptance of the tenders.

52. The contractor should engage at his own cost a diploma holder (Civil engineering) with sufficient practical experience for the proper execution and supervision of the work costing from Rs.10 lakh- to Rs.20 lakh, for works costing above 20 lakh one degree holder and for qualification pre-work one degree holder and one diploma holder according to the tenure of contract paying wage per month to engineering graduate and diploma holder respectively as prescribed by TPO.

53. All other conditions and specifications of contract are the same as those current in the PWD. 54. The method of measurements will be as per Indian Standard 1200-1958 55. All concrete should be machine mixed and vibrated.

FAIR WAGE CLAUSE

a) The contractor shall pay not less than fair wages to laborers engaged by him on the work. “Fair Wage” means wage whether for time piece work notified at the time of inviting tenders for the work and where such wages have not been so notified, the wage prescribed by the CPWD for the district in which the work is done.

b) The contractors shall not withstanding the provision of any contract to the contrary post to paid a fair wage to laborer indirectly engaged on the work including any labour engaged by his sub contract or in connection with the said work as if the labours had been immediately employed by him.

c) In respect of all labour directly or indirectly employed in the work for the performance of the contractors, part of this agreement the contractor shall comply with or cause to be complied with (The CPWD labour) regulation made by Government in regard to the payment of wages. Wages period deductions from wages, recovery of wages not paid and deduction unauthorisedly made, maintenance of wages register, other terms of employment, inspection and submission of periodical returns and all wage cards, publication of scale of wages and returns and all other matters of alike nature.

d) The TPO shall have the right to deduct from the moneys due to the contractor and any sum required or estimated to be required for making good the loss suffered by a worker or workers by reasons of non fulfillment of the conditions of the contract for the benefit of the works, nonpayment 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.

e) Vis-à-vis the Central Government, the contractor shall be primarily liable for all payments to be made under and fir the observance of the regulations of the aforesaid without prejudice to his right to claim from his sub-contractors.

f) The regulation aforesaid shall be deemed to be a part of this contract and breach there of shall be a breach of this contract.CLAUSE 45 OF MDSS ACCIDENTS

hoarding-lighting- observations- watchman a. When excavations have been made or obstacles have been put in public through fares or in places where there is any likelihood of accidents, the

contractor shall comply with any requirement of law of on the subject, and shall provide suitable boarding’s, lighting and watchman as necessary.b. It shall be the contractors sole responsibility to project the public and his employees against accident from any cause and he shall indemnify TEPS

against any claim for damages for injury to person or to property, resulting from any such accidents and he shall, where the provisions of the workman’s compensation act, apply takes steps to property insure against any claims there under.

c. On the occurrence of an accident which results in the death of any of the workman employed by the contractor or which is of serious as to be likely to result in the death of any such workman the contractor shall within 24 hrs of the happening of such accidents intimate in writing to TEPS ,the fact of such accident. The contractor shall indemnify TEPS against all loss or damages sustained by TEPS resulting directly and indirectly from his failure to give intimation in the manner aforesaid including the penalties or fines if any payable by TEPS, a consequence of TEPS failure to give notice under the workman’s compensation act or otherwise confirm to the said act in regard to the said accident.

d. In the event of an accident in respect of which compensation may become payable under the workman’s compensation act VIII of 1923 whether by the contractor or by the Government as principal it shall be lawful for the TPO to retain out of the money due and payable to the contractor such sum or sums of money as may, the opinion of the said TPO be sufficient to meet such liability. The opinion of the TPO shall be final in regard to all matters arising under this clause.

Sd/-Contractor Tourism Promotion Officer

Form of declaration.

1. I …………………………………………………….. do hereby declare that none of my relations as per the list given in section 6 and schedule IA of the companies act 1956 is in charge of the above work or are having control over it.

2. I ……………………………………………………. Do hereby distinctly and expressly declare and acknowledge that I have read the madras detail standard specification and the preliminary specification there in.

Contractor

Note: If the contractor is found at any stage to have suppressed any information required, his EMD for the work is liable to be forfeited and the contract entered into will stand cancelled.

Additions of conditions in form no 83 to be incorporated in the agreement

“all disputes and difference arising out of the contracts that may be executed in pursuance of this notifications 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 in to / in case the work extends to the jurisdiction or more than one court.

Additions and deletions of conditions in the form number 83 to be incorporated in the agreement. 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.

Notice inviting tenders

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(Form No 83)

Clause (8) between the words therein and excluding clause 73 and other clauses relating to arbitration there on.

Addition clauseClause 28 (1) if the contractor has not employed the technically qualified persons as per special condition the contractor shall be subject to pay daily damage at the rate of Rs.150/- per month for one engineering diploma holder and Rs.250/- per month for one engineering graduate.

When delay occurs in the execution of works, extension of time should be granted only in deserving cases and only after formal request in Kerala stamp paper at value of Rs.50/- by the contractor that he will carry out further works without claiming enhanced rate and within the extended period of completion. Also when extension of time is granted on extra items or additional works are ordered to be done the undertaking to be executed agreeing to do such works within a specified period on Kerala stamp paper of the value of Rs.50 in favour of the Governor of Kerala.

Additional and amendments to form no 83(Notice inviting) tenders

In case it is not possible to open the tender on the specified date due to any valid reason the revised time and date of opening of the tenders will be published in the notice board of this office.In case where cement and MS rods are allowed to be purchased by the contractor the same will be permitted to be used only after they are verified and the quantity checked with reference to invoice etc. by the competent departmental authority. In such case no extra claim on account of the difference in cost of materials will be entertained.

The following amendment to form no 83 notice inviting tenders is issued.Amendment(C.S.No.8/90)The following shall be included as clause 33 (A) of form no 83 “Notice inviting Tenders”

1. Cost of small excess quantity of cement bags up to 1 bag will be covered from the contractor, without penalty and that if the excess is more than this it will be transferred to other works as already as possible, subject to the condition that the quantity of concern is ensured by a responsible office not below the rank of TPO before utilizing it on the work for which it is transferred.

2. In the case of excess iron and steel rods, recovery or cost will be affected at agreement rates, if the excess is 3% of the total quantity of Iron / Steel materials used and recovery of the cost of Iron / steel materials in excess of above 3% limit will be affected penal rates if the excess is not due to any change in design of abandoning a part of the work.

3. The materials will be issued to the contractors only for meeting the actual requirements so that large excess donot occur at the time of completion of work.

Amendment to form no 83 Condition as per GO(P) No 84/97/PW&T dated, 19-08-1997 and GO(P) No 68/99/PWD dated, 14-07-1999 and government letter No.3157/P2/98/IRD dated 21/10/1999.

1. Clause 3 (C) addition (a) If the quoted rate for a work is below 50% it will be rejected. (b) if the quoted rate is between 25% and 50% below estimate rate, the contractor will remit performance guarantee equal to the difference between estimate PAC and Quoted PAC. This will be released after satisfactory completion of the work.

2. Clause 4 addition Postal tender system will be adopted for all works exceeding the technical sanction powers of the TPO. Such tenders sealed and enclosed as such with the name of the work clearly written thereon should be delivered by post on or before the last date and time fixed for the receipt of tenders by the competent authority. The department will not be responsible for any postal delay.

3. Clause 10 (A) addition

Tender condition – examining of the site condition before submitting the tender.The contractor will examine the site condition and satisfy themselves of the availability of the materials at nearby places, difficulties which may arise during execution etc. before submitting tenders for the work.

4. Clause 22 addition time for executing agreements a. time allowed for executing agreement without fine will be 20 days from the date opf registration of the communication (selection notice) in the post

office.b. further time of 10 days shall be allowed to execute agreement by releasing a fine of 1% of the PAC subject to a minimum of Rs.500/- and maximum

of Rs.15000/- c. tender will be rejected if agreement is not executed within 30 days and work will be awarded to the next lowest tender as stipulated under clause

4.10.5 of the code.d. The contractor will take over charge of the site within 10 days after executing agreement and commence of the work.

5. Clause 28 substitution supply of departmental materials Cement and steel will not be supplied departmentally in respect of work in which the estimated cost exceeds 55 lakh. The contractors will purchase the materials and complete the work. (They will also establish laboratory facilities for testing of materials at their cost. For works costing up to (55 lakh) cement and steel will be supplied departmentally, if cement steel and bitumen are not available in departmental stores the contractor will be bound by agreement to purchase the same from open market and complete the work as per the time schedule fixed. In such cases the contractor will be paid the market price of the materials and conveyance at the market rate of the nearest available source as fixed by the TPOAs priscribed in thev G.O (P) NO.558/ 97 DATED 3-6-1997 It will be the responsibility ability of the officer arranging the work to ensure the quality of the materials used by the contractor. testing wherever necessary will be done by the contractor at his cost.

6. Clause 32 (B) addition issue of road rollers.The contractor will arrange road roller, by himself if not supplied by the department.

7. Clause 35 (A) AdditionResponsibility for safe custody of materials at worksite/stores

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The responsibility of safe custody of materials at work site and during transit will be vested with the contractors. The concerned overseer in charge of the work will verify the stock and initiate action if shortage in stock is noticed. Other inspecting officers will also verify the stock during inspection.

8. Clause 42 substitution.Contractor’s technical personnel for supervisionThe contractor’s technical personnel to supervise the work will be as follows.

1. For the work costing from 10 lakh to 20 lakh – 1 diploma holder2. For works costing above 20 lakh – 1 degree holder3. For pre-qualification work – 1 degree holder, 1 diploma holder

9. Special condition Clause 49 A additions

a. Extension of time of completion of work and fineThe tendering authority will consider genuine request for extension of time of completion of work at the time of executing agreements taking in to account the climatic conditions or other local problems at the site and grant extension of item up to three months. The tendering authority shall record the reason in such action with facts and figures.

B for extension of time of completion beyond the grace period fine will be imposed at the following rates. Period of extension Rate of fineFirst three months 1% (One percentage) of the PAC subject to a minimum of Rs 500/- maximum

of Rs.15000/-For every three months beyond the first three months 2% (two percentage) of the PAC subject to a minimum of Rs 600/- and a

maximum of Rs.30000/-

For the extension of time of completion for part of the said period, proportionate amount of fine will be levied. c. payment of bonus for completing the work in time.

Bonus will be paid to the contractor at the rate of 1% (One Percent) of the T.S amount subject to a maximum of Rupees 3 lakh (Three Lakh) for completion of works within the prescribed time limit in respect of works which exceeds above 55 lakh.

Termination of contract- the present system of risk and cost termination will continue.

To,

The TPO

Special conditions

A penalty of Rs……………………………… per 50 kilo gram of cement and TOR steel at Rs…………………..per kilogram or copper sheet.in Iaddition to their value will be recovered if the balance cement, M.S. Materials, TOR steels and copper sheet are not returned to the store.

40 (a) the contractor is bound to pay 1% (One percent) of the value of works (Total of Amount) to the Kerala construction workers welfare fund and the same will be deducted from his bills for the works (as per the clause 8 (3) of the said welfare fund.

Additional clause attached to general specification no 84Form of tender (form no 84)15. arbitration shall not be a means of settlement of all disputes or claim arising out of the contract. Additional clause attached to form of tender of form

no 84

Form of tender form no 84

“I/We agree that arbitration shall not be a means of settlement of any dispute or claim arising out of the contract”. Additional and deletitions of conditions in form no 84 to be incorporated in the agreement as per GO(Ms)No10/85/PW&T dated 27/01/1986 and GO(Ms)No150/86/PW&T dated 11/11/1986.

Form of tender (Form No 84)

In specification part I after clause no 14 1. Arbitration shall not be a means of settlement of any dispute or claims arising out of the contract (additions).2. After paragraph 5 I/We agree that that arbitration shall not be a means of settlement of any dispute or claim arising out of the contract

Special conditions for sale taxAs per section 7 (b) KGST act 1963 as amended by Kerala Finance Act 1994 sales tax has to be deducted at the rate of Rs.2.2% of the total value of work done from the work bills if the amount exceeds 10 lakh and at the rate of Rs.2.1% if the amount is less than 10 lakh.

In assessing the tax liability, the percentage will be worked out with reference to the contractors value of the work whether it be below or above the estimate amount.

10. Bank guarantees

For pre-qualification bank guarantees at the rate of 10% (ten percentage) will be insisted before executing agreement.

11. Payment of works bills 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 definite scrutiny in his office, if the officer himself is satisfied of the genuine of the bills subject to the condition that if any excess payment is notice, the officer who authorize the payment will be held responsible. A certificate to this effect will be recorded in the bill by the officer who passes the bill before making the payment.

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BidderSd/- TPO

12. Procedure for accepting negotiated quotation

The officer of the PWD will be authorized to take up works within their powers for waving of tender calls, allowing tender excess up to maximum limit of the estimated cost based on the market rates fixed by the TPO. While exercising this power of the concerned officer will report to the immediate superior officer. The TPO will have the power to sanction tender excess in this case without reporting to the Government.

CLAUSE 9 OF 'CONDITIONS OF CONTRACT"FORM NO. GWD 132' AMMENDED IN G.O.MS. 150/86/PW & T Dtd. 11-86"The bill above alluded to shall be submitted in exact accordance with the form supplied by the TPO and the rates at which the value of the wt1rk calculated shall be those entered in the attached schedule of rates. To allow of a guarantee fund being formed on the part of the TEPS, deduction or 10% from all payments to the contractor is to be made by the TPO at the time of payment. This guarantee fund, can also be in the form of deposits in Nationalised Banks equal to the amount of retention money made in favour of the TPO in charge of the work subject to the condition that if recoveries are to be made from such retention deposits, interest for such recoveries are to be made from for the period for which such amount become due to TEPS will also be recovered from the deposits. The contractor should deposit the entire retention money initially in banks before the first running account bill is passed and paid. Additional retention money on the basis of the revision of probable amount of contract should also be deposited in Banks before the first bill in which such additional claim in excess of the original probable amount of contract is passed and paid. But the amount so held as retention plus the security deposit of 5% as per clause (1) shall not at any time exceed 10% of the contract amount subject to the condition that the maximum amount of total security including Earnest money deposit, further security and the retention amounts from bills will be limited to Rs. 5,00,000/- (Rs. Five lakhs) for work costing upto Rs. One crore and Rs. 10 lakhs (ten lakhs) for works costing more than one, if the authority executing the agreement is satisfied that the amount so retained shall cover the liabilities of the contractor if any as far as works done till then are concerned. The retention amount which is held as additional security, will be released by the officer competent to pass the final bill, at his description after successful completion of the work, to the satisfaction of the TEPS Officer concerned and finally taken over by the TEPS, retaining only such amount as he may consider necessary to cover the liabilities, if any, of the contractor. The maximum period of retaining the security deposit is twenty four months from the date of completion of the work. The security amount will if necessary, be released earlier at the discretions of TPO concerned provided he is convinced that the amount as per the final bill will cover all liabilities of the contractor and records a certificate to that effect and provided further that the contractor has produced the latest clearance certificate of Income-Tax and Agricultural Income Tax and Sales Tax. Till then the responsibility for the structure will rest with the contractor".

SPECIAL CONDITION FOR PURCHASE TAXAs per Section 2 (2) of the Kerala Finance Act 1 1991, the Contractors of Civil Works of Construction of Buildings, Bridges, Roads and Dams need pay sales tax @ 1.5% of the total contract amount if they have opted for such payment in the agreement or subsequently before the sales tax authorities. Based on the above provision the S.T. payable till 31.3.1992 is 1.5% of the whole contract amount plus 25% of it as A.S.T. plus Surcharge @ 5% of the tax where the total turnover is above Rs One lakh but below Rs. 10 lakhs or Surcharge @ 8% where it exceeds Rs.l0 lakhs. If the Contractors have not opted for the above method of payment of the tax then purchase tax@6% plus Surcharge at the rates specified above are to be deducted in the bills.

I /We hereby opt 1.5% of the whole Contract amount plus 25% of it as A.S.T. plus Surcharge @5% of the tax where the total turnover is above Rs One Lakh but below Rs. 10 lakh or Surcharge @ 8% where it exceeds Rs..l0 lakhs.

OR

Purchase tax @ 6% plus Surcharge at the rates specified above to be deducted in the bills. In this case the TEPS Officers concerned who passes the bills determine the total cost of the purchasable items utilized in the work and issue, a Certificate regarding the above amount and the assessing authority concerned deduct the purchase tax for the value of the purchasable items except dept. materials.

This tax amount will be retained by the TEPS Officer when the bill for the work is passed for payment and the amount so retained will be credited to the Sales Tax Department.

SPECIAL CONDITION FOR GUARENTEE PERIOD1. The security amount will be released by the Officer competent at his discretion after successful completion of the work to the satisfaction of the TPO and finally taken over by TEPS, retaining an amount as be may consider necessary to cover the liabilities, if any of the contractor. The, maximum period of retaining the security deposit t is 24 (twenty four) months from the date of completion of the work as certified by the agreement authority.2. The security deposit of Contractors for work will be refunded after one year from the date of completion of works as certified by the agreement authority.3. For works having guarantee period of more than one year, the security deposit will he released after execution of an indemnity bond in the specified form for an equal amount for the remaining guarantee period.

SPECIAL CONDITIONS AS PERG.O. (Rt) No.568/91/TW&T DATED 6.5.’91TO THE GWD FORM No.83 NOTICE INVITING TENDERSThe contractor for this work shall be bound to remit an amount equal to 1% (one percent) of the value of the work to be done on account of this contract, excluding cost of departmental materials, towards the employer's contribution to Kerala Construction Workers Welfare Fund as provided in the Kerala Construction Workers Welfare Fund Act 1989. This amount Shall be recovered proportionately from the part bills and the final bill for the work and the contractor shall abide by such recoveries.

Clause No. 56 of Form No. 83

"For all items which require bricks metric modular bricks of size 19cm x 9cm x 9cm x 19cm x 9cm x 4cm should be used".

DECLARATIONI ……………………………………………….. do hereby distinctly and expressly declare and acknowledge that I have read the conditions as stipulated in the standard forms No. GWD.83 & 84 with the relevant modifications effected under clauses 8,14,24 etc. of Form No. 83 and clause 14 of form No. 84 and I do hereby admit that these conditions are binding on me and 1 shall abide by the terms and conditions as stipulated therein in respect of work" ................................................................'“I am enclosing preliminary agreement form in stamp paper worth Rs. 100/-.

Place ContractorDate

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BidderSd/- TPO

SPECIAL CONDITIONS AS PERG.O. MS. No. 53/88/PW&T DATE 30.9.1988All disputes and differences arising out of the Contracts that may be executed, in persuance of the contract shall be settled only by the Civil Court in whose jurisdiction the work covered by the contract is situated for in whose jurisdiction the contract was entered into/in case the work extends to the Jurisdiction of more than one Court.

AMENDMENT TO CLAUSE 23 (b) OF FORM No. 83NOTICE INVITING TENDERS(AS PER G.O. (P)) No. 33/91/PW&T DATED 10.5.91)Clause 23 (b)"When payments on earth work exceeding 300 m3 are made based on tape measurements, the contractor shall give a declaration in writing to the effect that he agrees for the recovery of the over payments if any from the next bill"

AMENDMENT AS PERG.O. (P) 92/89/PW &T DATED 30-9.1988TO CLAUSE 8 OF FORM No. 83Clause 8A:-The specifications issued by the Chief Engineer (General) in circulate order No. O&M (1)12407/88 dt. 11.2.88 shall also he referred to for road works. In the case of any conflict between the provision of M.D.S.S. and above circular order the letter shall prevail"

Name of work:Clause 13 of, Form No. 83 Notice Inviting Tenders amended, in G.O, MS.150/86/PW&T dt.11.11.86.Before commencing work or with a week after the date when the acceptance of the tender has been intimated to him the bidder shall deposit sum which together with the earnest money deposit shall make up 5 (five) percent of the probable value of contract subject to maximum of Rs.1,00,000 (one lakh) and it shall be treated as security for the proper fulfillment of the same and the bidder shall execute an agreement for the work. If he fails to do this or in the case of contracts fail to maintaining specified rate of progress (to be specified in each case in the tender schedule) the earnest money and security deposit shall be forfeited to TEPS and fresh tenders shall he 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 contracts or take possession of the work, any loss to TEPS results, the same *will be recovered from him as arrears of revenue, but should it be a saving to TEPS, be original contractor shall have no claim. Whatever he the difference. Recoveries of this or on any other account will be made from the sum that may be due to the contractor on this or any other contracts or under the Revenue Recovery Act, or otherwise as TEPS may decide.Note: Investment in Treasury Savings Bank, Kisan Vikas Pathras, Post Office Time Deposit, National Saving Certificates and Bhadratha duly pledged in favour of TPO.

FORM OF PRELIMINARY AGREEMENT

“Preliminary agreement entered into on this ………………….day of ………… Two thousand and …………. BETWEEEN ……………………… for and on behalf of the Chief Executive TEPS (hereinafter called “the TEPS” ) of the one part and Sri..………………………………………………………………. ………………(H.E. enter full name and address of the contractor) hereinafter called “the contractor”) of the other part for the execution of the agreement as well as for the execution of the work ………………………………………………………………………………………………….. WHEREAS the TEPS invited tenders for the work …………………………. (name of the work) by notification No……………………………………….date:…………………………………..in the …………………………………………………. 0.

AND WHEREAS Para 13 of the notice inviting tenders stated as follows.

Before commencing work of within a week after the date when the acceptance of the tender has been intimated to him, the tenderer shall deposit a sum sufficient to make up the balance 5 per cent of the probable value of contract which together with the amount of earnest money deposited shall be treated as security for the proper fulfillment of the same and shall execute an agreement for the work. If he fails to do this or in the case of contracts 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 TEPS 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 contracts or take possession of the work any loss to TEPS results the same will be recovered from him as arrears of revenue, but should it be a saving to TEPS, the original contractor shall have not 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 TEPS may decide.

NOW THEREFORE THESE PRESENTS WITNESS and it is mutually agreed as follows:-1. The terms and conditions for 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 extend 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 contractor does not come forward to execute the original agreement after the said work is awarded and selection notice issued in his favour or commits breach of any of the conditions of the contract as stipulated in clause 13 of the notice inviting tenders as quoted above within the period stipulated them, the TEPS may rearrange the work otherwise or get it done departmentally at the risk and cost of the contractor and the less so sustained by the TEPS can be realized from the contractor under the Revenue Recovery Act as if arrears of land revenue as assessed, quantified and fixed by an adjudicating authority consisting of the Chief Executive TEPS, Tourism Promotion Officer and Project Executive or any other officer or officers authorized by TEPS in this behalf, taking into consideration the prevailing Public Works Department rates and after giving due notice to the contractor. The decisions taken by such authority, officer or officers shall be final and conclusive and shall be binding on the contractor.

4. The contractor further agrees that any amount found due to the TEPS under or by virtue of this agreement shall be recoverable from the contractor from his EMD and his properties, movable and immovable, as arrears of land revenue under the provisions of the Revenue Recovery Act for the time being in force or in any other manner as the TEPS may deem fit in this regard.

IN WITNESS WHEREOF Sri………………………………………… (H.E. the name of the officer of the Department) for and on behalf of the Chief Executive TEPS and Sri………………… the contractor have set their hands on the day and year first above written.

Signed by Sri………………………………………….. Officer/Officers TEPS in the presence of witnesses.

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BidderSd/- TPO

1………………………………….

2………………………………….

Signed and delivered by Sri……………………………………… (the contractor) in the presence of witnesses.

1………………………………….2………………………………….

Form No 84SpecificationPart I General

The rates tendered by a Contractor for the work shall include the cost of 1. All labour and supervision thereof, all materials, tools, implements and plant of every description, ladders, 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 the work.

2. Supplying the requisite agency with the 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, weigh and assist in the measurement, or check measurement of the work or materials.

3. Providing and maintaining all temporary fences, shelters, lights, watchman 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 of or on account of the work.

4. All sheds, mortar mills and mixing platforms of every kind required for the proper execution of the work according to the specifications.5. All fees and royalties of materials and 6. Finally clearing away of all rubbish, surplus materials, plant etc on completion of the work and dressing and leveling of and restoring the site to a tidy

condition, prior to handing over the work to the TPO or his authorized officer and also its maintenance until so taken over. 7. In the case of supplies of materials such as rubble, broken stones gravels 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 leveled 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 of inspection and measurement, the cost of such clearing, leveling and stacking or arranging being included in the rates for the work. Each stack must be straight and of uniform section throughout and of the dimension specified by the officer in charge. Materials not stacked or arranged in accordance with instructions issued will not be measured and paid for.

8. The contractor shall be bound to bear the expense of defense of any action or law proceedings that may be brought by person for any injuries sustained owing to neglect of above precautions in connection with the execution of the work, and to pay any damages and cost which may be awarded in consequence.

9. The contractor shall also help himself out of any difficulties of penalties arising from interference with private property in the execution of the contract.10. The tenderer should state whether he has all the plant necessary for the execution of the work. If in the opinion of the TPO, contractors own plant is

neither sufficient nor suitable for the proper execution of the work, TEPS may supply other available plant and recover reasonable hire for the same. The TPO decision in the matter shall be final and binding on the contractor.

11. The contractor shall bear the running expenses inclusive of pay of the Departmental staff attached to such plant and cost of repairs of all Government plant while in his position, on hire as also the cost of restoring the same in good condition at the time of return, due allowance being made for fair wear and tear.

12. The materials and plant that are to be made over to the contractor by the Department shall be handed over to him at the TEPS store and the charge for their handling loading and unloading and conveyance to a for the respective work as also for stalking the materials nearly 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.

13. 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, package or inclement weather and in neat and sanitary condition and shall also see that damage and sewage are prevented from entering the site of work or accumulating therein.

14. The contractor shall be responsible for the proper use and bear the cost of protection of materials made over to him by TEPS 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 qualities will be recovered at rates 20% over the actual cost. The orders of the TPO in the matter shall be final and binding on the contractor.

15. The contractor shall be responsible to see that the level or other pegs. Profiles, benchmarks, masonry, pillars or other marks set up by the department for the guidance in the execution of the work or not disturbed, removed or destroyed. If any such marks, are in the opinion of the TPO found disturbed, removed or destroyed, they will be replaced by TEPS at the cost of the contractor.

16. Any materials brought to the site of work or any work done by the contractor but rejected by officer in charge as being not up to the specifications shall in the case of materials supplied be then and there removed from or broken up at the site of the work, and in the case of work done be dismantled or rectified at the expense of the contractor, as may be ordered by the officer in charge.

17. In all cases weather so specified in the contract or not, the work shall be executed in strict accordance with the contractor accepted tender and these specifications and with such further drawings and specifications and orders as may from time to time be issued by the TPO.

18. Whether the contractor is ordered by the TPO or his authorized officer to execute any item of work which is not in the tender, it shall be the contractors duty to get a special price arranged for the item and to see that it is returned in the work spot order book (which shall be provided by the TPO 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 that 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 the TPO ordering such extra item that contractor shall have no claim for extra payment.

19. Any dispute or difference that may arise between the TPO and the contractor on account of the contract shall at the instance of either party be referred to the Chief executive, TEPS whose decisions given in writing shall be final conclusive and binding. The TPO may at his discretion delegate in writing, to any of his subordinates any of his powers regarding these specifications.

SpecificationsPart II MaterialsPart III

Form of tender

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BidderSd/- TPO

Name of work:……………………………………………………..

To

The Tourism Promotion Officer, TEPS, Thenmala.

Sir,

I/We do hereby tender to execute the works enumerated in the schedule accompanying in accordance with the terms in your tender notification dated ……………………………… and specifications and conditions of contract in force in Kerala PWD.

1. Copy of the specifications duly signed is also enclosed.2. I/We further agree to complete the whole work in ……………………………. Weeks or months from the date of receipt of order to start work, and/or in

the case of piece –works, maintain the minimum rate of progress specified in the tender schedule. 3. I/We do/do not agree to accept and carryout such portions of the work included in my our tender as may be allotted to me/us if the whole work be not

given to me/us.4. An earnest money deposit of Rs……………………. Is herewith enclosed in Cash/DD.

Acc: 1. Tender schedule2. Earnest Money Rs…………………… cash / DD3. Signed copy of4.Specifications5.Signed copy of plans

Usual signature of tenderer………………………………………………………..Full Name……………………………………….Nationality……………………………………….Place of residence………………………………………….

Date of submission………………….

TendererAgreement

ARTICLES OF AGREEMENT made the ………………………………… day of ………………………. BETWEEN ………………………………………………… TEPS……………………………………… (Hereinafter referred to as the Tourism Promotion Officer which expression shall where the context so admits or implies be deemed to include his successors in office and assigns” acting for and on behalf of TEPS of the one part and ……………………………………………………….. (Herein after called the contractor which expression shall where the context so admits or applies be deemed to include his heirs, executers, administrators, successors in interest, legal representatives and assignees as well) of the other part.

WHEREAS TEPS (Hereinafter called TEPS) are desirous of ……………………………………………… and have caused and estimate of probable quantities contained in Schedule A drawings and specifications describing the work to be done to be prepared.

AND WHREAS the said schedule A, the drawings numbered serially I to ……………………………………………………………….. inclusive – (Schedule B) – and the specifications – (Schedule C) – have been signed by or on behalf of the parties here to.

AND WHREAS the contractor has deposited in cash/DD Rs……………………………… as security for the due performance of this contract.

AND WHEREAS the contractor has also signed the copy of the Madras Detailed Standard Specifications and addenda volume there to maintained in TEPS in acknowledgement of being bond by all the conditions of the clauses of the standard preliminary specification and all the standard specifications for items of work described by a standard specification number in schedule A.

AND WHEREAS the contractor has agreed to execute up on and subject to the conditions set forth in the preliminary specifications of the Madras Detailed standard specification and such other conditions as are contained in all the specifications forming part of this contract (herein after referred to as “the said conditions”) the works shown upon the drawings and described in the said specifications and set forth in schedule A as the “Probable quantities” and comply with the rate of progress noted at the end of this articles of agreement for a sum of *Rs……………………..or such other sum as may be arrived at under the clause of the standard preliminary specification relating to “payment of lump sum basis or by final measurement at unit prices”.

Now it is hereby mutually agreed as follows.

1. In consideration of the payment of the said sum of *Rs……………………… or such other sum as may be arrived at under the clause of the Standard preliminary specification relating to “payment of lump sum basis or by final measurement at unit prices”, the contractor will upon and subject to the said conditions execute and complete the works shown upon the said drawings and described in the said specifications and to the extent of the probable quantities shown in schedule A with such variations by way of alterations of, additions to, deductions from, the said work and method of payment therefore as are provided for in the said conditions.

2. The term Tourism Promotion Officer (TPO) in the conditions shall men the officer in charge of TEPS, who shall be competent to exercise all the powers and privileges reserved herein, in favour of TEPS, “with the previous sanction of or subject to the ratification by the Chief Executive TEPS in cases where such sanction or ratification may be necessary.

3. The arbitrator for fulfilling the duties set forth in the arbitration clause of the standard preliminary specification shall be Chief Executive of TEPS. 4. Time shall be considered as the essence of the agreement and the contractor hereby agrees to commence the work as soon as this agreement is

accepted by competent authority as defined by TEPS and the site (or premises) is handed over to him as provided for in the said conditions and agrees to complete the work within ………………………… months from the date of such handing over of the site (or premises) and to show progress

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BidderSd/- TPO

as defined in the tabular statement “rate of progress” below (subject nevertheless to the provisions or extension of the time contained in clause 59 of the standard preliminary specification).

5. The said conditions shall be read and construed as forming part of this agreement and the parties hereto will respectively abide by and submit themselves to the conditions and stipulations and perform the agreements on their parts respectively.

6. Up on the terms and conditions of this agreement being fulfilled and performed to the satisfaction of the TPO the security deposited by the contractor as herein before recited or such portion thereof as he may be entitled to under the said conditions shall be returned to the contractor.

IN WITNESS WHEREOF the contractor ....................................................................................(Contractors name) has here unto set his hand and...............................................................................( Name and designation) for and on behalf of and by the order and direction of Chief Executive TEPS has here unto set his hands the day and the year first above written.

Signature of ………………………………. On behalf of TEPS

Signature of contractor ……………………………………………

Signature of witness to the signature of the contractor 1………………………………..2………………………………..

Rate of progressThe following rate of progress and proportionate value of work done from time to time as will b indicated by the TPO certificate of the value of the work done will be required.Date of commencement of this programme will be the date on which the site (or premises) is handed over to the contractor.

Period after date of commencement Percentage of work completed (basis on contract lump sum amount)

The periods to be entered in column 1 for the purpose of defining the rate of progress may be fixed by the TPO to suit each case.

Schedule A

SCHEDULE OF RATES AND APROXIMATE QUANTITIES

(a) The quantities given here are those up on which the lump sum tender cost of the work is basis, but they are subject to alterations, omissions, deductions or additions as provided for in the conditions of this contract and do not necessarily show the actual quantities of the work to be done. The unit rates noted below are those governing payment for extras or deductions or omissions according to the conditions of the contract as set forth in the preliminary specifications of the madras detailed standard specifications and other conditions or specifications of this contract.

(b) It is to be expressly understood that the measured work is to be taken net (not withstanding any custom or practice to the contrary) according to the actual quantities when in place and finish according to the drawings or as may be ordered from time to time by the TPO and the cost calculated by measurement or weight at the respective prices, without any additional charge for any necessary or contingent works connected herewith. The rates quoted are for works INSITU and complete in every respect.

Item No Probable Qty Description of work

M.D.S.S. No.

Rate Unit in words

Amount Figures Words Figure Figures

Rs. np. Rs. np.

Date: Signature of Contractor

(ATTACHED AS ANNEXURE)Schedule B

List of Drawings Note: All drawings to be signed by the contractor as well as the TPO)

Supplemental List As referred to in the specifications (including preliminary specification of the Madras Detailed Standard Specifications)

Sl No Drawing No Description Sl NO Drawing No Description Date on which the drawing was supplied.

Date: Signature of Contractor

(ATTACHED AS ANNEXURE)

Schedule C

LIST OF SPECIFICATIONS FOR THE VARIOUS ITEMS OF WORKS SUPPLIMENTING THOSE DESCRIBED IN SCHEDULE “A” BY STANDARD SPECIFICATION NUMBERS.

DESCRIPTIVE SPECIFICATION SHEETItem Materials

CONDITIONS OF CONTRCATS1. The person whose tender may be accepted shall, before the date fixed for commencing the work, if so required sign an agreement and a bond, of

which forms are deposited in TEPS and shall pay for all stamps and legal expenses incident thereto, and he shall deposit as Cash /DD a sum

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BidderSd/- TPO

amounting to 5% (five percent) on the cost of the work undertaken by him, as security for the due performance of his contract. All damages payable by the contractor the terms of his contract, may be deducted by the TPO from, or paid by the sale or adjustment of a sufficient part of this security deposit or from the interest of any such Government of India Security or from any other sums due, or which may become due to him by TEPS.

2. In every case in which under any clause or clauses of this contract the contractor shall have rendered himself liable to damages amounting to the whole of his security deposit, the TPO shall have power either to rescind the contract altogether or to have the work completed without further notice at the contractors risk or expense as he may deem best suited to the interest of the TEPS and the contractor shall have no claim to compensation for any loss that may accrue from any materials he may have collected or engagements he may have entered into, on account of his work and in later case the TPO shall have power to deduct whatever amount may be expended on the completion of the work, from any sum that may be due or become due from TEPS to the contractor on account of this or any other work or recover such sums from him and his assets movable and immovable under the provisions of the revenue recovery act for the time being in force as if they were arrears of land revenue or otherwise as TEPS may choose. And in case the contract shall be rescinded under the provisions aforesaid the contractor shall not be entitled to recover or be paid any sum for any work therefore actually performed under this contract unless and until the TPO shall have certified the performance of such works and the value thereof, and he shall only be entitles to be paid the values so certified.

3. In the event of TPO putting in force the power vested in him under the preceding clause, he may, if he so requires it, take possession of all tools, plant, materials and stores or any portion thereof, on the place where the works where to be performed or on other land of TEPS adjoining thereto, paying or allowing for the same in account, at the contract rates, or, if not specially provided for therein at current market rates, otherwise the contractor may be required to remove such tools, plant, materials or stores from the premises. And in the event of his failing to do so, the TPO may remove them at the contractors expense or sell them by suction on account of the contractor. OR The TPO is fully empowered to devote all or such portion as may be requisite, if any guarantee or reserve fund or any monies due to or become due to the contractor for this or any other work to making good, bad or indifferent work, on the part of the contractor, in such manner as he may think desirable)

4. If the contractor shall be hindered in the execution of hi work so as to necessitate an extension of the time allowed for its completion, he shall apply in writing to the TPO, who shall, if reasonable grounds be shown, authorize such extension of time, if any, as may, in his opinion be necessary, and without such written authority of TPO the contractor shall not be exempt from the damages leviable if the work or any part or parts thereof be not completed within the prescribed time.

5. On completion of work, the contractor shall be furnished with a certificate to that effect by the TPO but no work shall be considered as complete until the contractor shall be considered as complete until the contractor shall have removed all scaffolding surplus materials and rubbish and cleaned of the dirt from all woodwork, doors, windows, walls, floors or other parts of any building he may have been employed up on for repairs or other works, not until the works shall have been measured by the TPO, whose measurements shall be binding and conclusive, after the delivery of a notice in writing to the contractor or his agent forty eight hours before the time appointed by the TPO for measuring the work. If the contractor shall fail to clear the work as herein provided before completion and delivery, he shall FOREFIET ALL CLAIM TO SURPLUS MATERIALS and the work shall be cleared by the TPO at the expense of the contractor.

6. No payment shall be made nor works estimated to cost not more than Rs.500/- till after the works have been completed and approved. But in the case of works estimated to cost more than Rs.500/- the contractor shall receive a monthly payment to such extent as the works may be approved and passed under the certificate by the TPO. But all such intermediate payments shall be regarded as payments on account, to be covered by the bill for the complete work, and not as payments for the work actually done and completed. The final bill shall be submitted by the contractor within one month of the completion of the work, otherwise the TPO certificate for the measurement shall be accepted as final and binding on all parties.

7. A bills shall be submitted by the contractor each month for all work executed in the previous month in accordance with the terms of the specifications, and the TPO shall take the requisite measures for having the same tested and the claim as far as admissible, if possible, before the expiry of 10 days from the presentation of the bill, should the contractor be unable to prepare the bill himself. The TPO shall depute an officer to measure up the work performed in the presence of the contractor, whose countersignature to the measurement list will be sufficient warrant to the TPO to prepare the bill for him from that list.

8. No work will be paid for unless thoroughly good and fully in accordance with the specification, and should through in advertence bad works be passed and paid for, it will be nevertheless be perfectly competent for the TPO to strike the same out of the account at any future time and recover the value at any date previous to or at the time of granting the final certificate.

9. The bill above alluded to shall be submitted in exact accordance with the form supplied by the TPO, and the rates at which the value of work is calculated shall be those entered in the attached schedules or rates. To allow of a guarantee fund being formed on the part of the TEPS, a deduction of 10% from all payments to the contractor is to be made by the TPO at the time of payment. But the amount so held as retention plus the security deposit of 5% as per clause (1) shall not at any time exceed 10% of the contract amount. This retention amount will not be released until the work is completed to the satisfaction of the TPO and finally taken over by TEPS. Till then the responsibility of the structure will rest with the contractor.

10. When a estimate provides for the use of any special description of materials to be supplied from the TEPS stores or if it is required at the contractor shall use certain stores to be provided by the TPO, a memorandum is to be attached showing the particulars of the stores, the rates at which they will be delivered and the place of delivery and the contractor should be supplied with materials as required from time to time to be used by him only for the purpose of the contract. All materials supplied to the contractor shall remain the absolute property of TEPS and shall at all times be open to inspection by the TPO. The contractor shall be responsible for the proper use and bear the cost of protection of materials so made over to him by TEPS for use on the work and bear any loss from deterioration or from faulty workmanship or avoidable excessive use of the materials etc, or from any other causes. Of the materials so supplied the value of the quantities certified by the officer in charge as having been actually used on and for the specified and sanctioned requirements of the work including permissible percentage of the wastage, shall be deducted at the agreed rates of recovery entered in the memorandum referred to, or, in the absence of such stipulation at the book value or at current market value whichever is higher at the time of issue from bills submitted by or payable to the contractor from or by the sale or adjustment of the security deposit or a sufficient part thereof. Unused balance if any at the time of the completion or determination of the contract shall if found, be returned to the TEPS store, otherwise the cost of materials either allowed to deteriorate or unaccounted amounting as it does to an excess supply over the sanctioned requirements shall be recovered at book value plus 20% or current market rates whichever is higher, and in addition specific penalty rates as may be fixed by the TPO in the form of TEPS circular orders from time to time shall also be recovered at the discretion of the TPO and the contractor shall not be permitted to return remnants or deteriorated materials in the TEPS store or claim any compensation for loss by wastage in such materials beyond what may be allowed in the estimate it being assumed that all risks is provided for in the tenders.

11. The contractor shall invariably execute all working the most substantial and work – man – like manner and the materials used shall be of the best description. The contractor shall also conform minutely to the drawings and specifications which form the basis of the accepted tender and other written instructions and drawings, if any, relating to the work which may be from time to time be issued by the TPO.

12. If it shall appear to the TPO, that any work has been executed with unsound, imperfect or unskillful workmanship, or with materials of an inferior description, the contractor shall on demand in writing, forthwith rectify remove, or reconstruct the same in whole or in part, as the case may require, at his own proper charge and cost, and in the vent of his refusing to do so within a period to be specified by the TPO, or if he shall fail to remove from the site of the work within a specified period, any materials or articles which are considered by the same officer unsound, or bad quality or not agreeable to the terms of the contract and to provide immediately suitable materials or articles in lieu of those condemned, then the contractor shall

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BidderSd/- TPO

be liable to pay damages at the rate of 1% of the amount of the estimate for every day not exceeding 10 days that he failed to comply with the written demand of the TPO.

13. Should the TPO, consider that work although not executed in strict accordance with the specification may be allowed to stand, he is empowered to pay for the same at such reduced rates as he may fix, but this proceeding is quiet optional on his part.

14. All works under execution by contract shall at all times be open to the inspection and supervision of TPO and the contractor shall always, when he is not himself not present, have a responsible agent present at the work during the usual working hours, and at all other times when reasonable notice of the intension of the TPO to visit the works shall have been given, to receive their orders and instructions. Orders given to the contractor’s agent shall be considered to have the same force as if they had been given to the contractor himself. The appointment of an agent and any change of agent shall be forthwith notified by the contractor to the TPO who shall accord his approval in writing without which the appointment shall not stand.

15. The contractor shall furnish free of charges all labour and tools required for such examination of the work as the TPO, at any time considers desirable, failing which he may have these done at the contractors cost deducting the charges incurred from his bill.

16. The contractor shall give notice in writing to the TPO to measure any work which is going to be covered up or otherwise placed beyond the reach of measurements, in order that the correct dimensions may be taken before being so covered and must have the authority in writing of the TPO to cover it up, in default whereof at the option of the TPO, the same shall be uncovered at the contractors expense or no allowance shall be made for such work or materials.

17. If the contractor or his work people break, deface, or injure any part of a building they may be working in or any building, road, fence enclosure or grass land or cultivated ground or if damaged, shall happen to the work while in progress from any course whatever or any imperfection become apparent in it, he shall make the same good at his own expense or in default the TPO may cause the same to be made good, and deduct the expense from any sums that may be then, or at any time thereafter, due to the contractor.

18. The contractor shall supply at his own cost all plant, tools, implements, ladders, cordage, tackle and scaffolding required for the proper execution of his work together with the carriage for the same to and from the work. He shall also supply without charge the requisite agency with the necessary means to set out works, and to count, weigh, and assist in the measurement of his work or materials. He shall also provide all necessary fencing and lights and take other precautions required to protect the public from the accident and shall be bound to bear the expenses of defense of any action or law proceedings that may be brought by any person for injury sustained owing to the neglect of the above precautions to and pay any damages and cost which may be awarded in consequence.

19. No work is to be done on Sundays without written permission of the TPO. 20. No contract shall be assigned or sublet without the written approval of the TPO. Every contract assigning or subletting his contract without such

approval shall be considered to have their committed a breach of contract and TPO may there up on rescind the contract and the security deposit of such contractor shall stand forfeited and be absolutely at the disposal of TEPS, and the contractor shall have no claim for any compensation for any loss that may accrue from materials be may have collected, or engagements entered into, nor shall he be entitled to recover or be paid for any work hereto for actually performed under the contract.

21. In the case of partners tendering no charge in the individual of the firms shall affect the liability of the persons who may sign such tender. Any such change shall be forthwith notified by the contractors to the TPO for his information.

22. If any amount which by virtue of this contract may be due to the contractor be not claimed for payment within three months from the date on which it falls due that same will be placed remains unclaimed for three years thereafter the contractor or others to whom it may be legally due will forefeet all the same which will be finally credited to TEPS.

23. In case when materials have to be measured and paid for, the contractor shall be responsible for such materials until they are formally taken over by the TEPS or used in works.

24. The terms of the contract cannot be added to, varied or reduced by any oral agreements previous or subsequent to its signature. Any such oral agreements will be repudiated by TEPS.

25. TEPS does not undertake to relieve contractor from any difficulties or penalties arising from interference with private property in carrying out this contract.

26. In the event of it being decided by TPO that for any reason such as non acquisition of lands such other contingencies the work shall not be commenced, shall be suspended or stopped before completion, the contractor will be paid for work actually done as materials actually supplied up-to date of stoppage but TEPS will be held in no way responsible for any further liability.

27. The contractor, shall at the instance of the TPO remove from of the work any workman subcontractor or employee in his service, who may be objected to for any cause he shall not employ any person previously in the service of TEPS without definite written sanction.

28. If the total amount of any bill for works done comes to np. 50 and above in np. Column, the same will be considered as one rupee and if it be below np. 50 it will be omitted for purpose of rounding of payment.

Having made myself thoroughly acquainted with the above specification and agreement and understanding the terms thereof agree to conform thereto in all points.

Contactor Sd/-

Tourism Promotion Officer

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BidderSd/- TPO

FORM-I

PRE-QUALIFICATION CRITERIA DETAILS

Work: Beautification works for indoor activity area at zone D in TEPS

1. Name & Address of the firm, Tel /Fax/email details

:

2. Whether applying as single agency or consortium or joint venture

:

3. Date of Establishment of the firm or firms (enclose evidence)

:

4. Total work experience : 5. Details of office : 6. Is your firm a Proprietorship / Partnership or

registered under the Companies Act. Please give details & enclose Certificate

:

7. Branches (Enclose details with address & telephone no.)

:

8. Details of Income Tax Registration/PAN details

:

9. Service – Tax Registration details. : 10. Professional set up (Completed details of

Staff, & other) Enclose list (separate sheet for technically qualified staff)

:

11. Nature of Company Development division. (enclose details)

:

12. List and brief details of last two years works. :

13. List of present clients & sample of recently done works (enclose details)

:

14. Any other information including the details of PWD registration

:

Contactor

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BidderSd/- TPO

FORM-II

FINANCIAL BIDName of the work: Beautification works for indoor activity area at zone D in TEPS

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BidderSd/- TPO

Probable Amount of Contract (PAC) 98,066. 00 (Rupees Ninety thousand and Sixty Six only)I/ we agreed to undertake the work as peer the norms at the rate of,

a. ………………………………………in PAC

b. ………………in percent above the PAC

c. ………………in percent below the PAC

Name, address, signature of the person/ firm / bidder, tel./fax. /email

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