KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY Volume I - General Requirements Upgradation of 4MLD Sewage Treatment Plant at Madiwala Lake KARNATAKA LAKE CONSERVATION AND DEVELOPMENT AUTHORITY PROJECT BIO-DIVERSITY PARK AT MADIWALA LAKE BID DOCUMENTS [National Competitive Bidding(NCB)] Upgradation of 4MLD Sewage Treatment Plant at Madiwala Lake Volume 1 GeneralRequirements JANUARY2016 CHIEF EXECUTIVE OFFICER; KARNATAKA LAKE CONSERVATION AND DEVELOPMENT AUTHORITY 2NDFLOOR, PARISARA BHAVAN, CHURCH STREET, BANGALORE – 560 009, KARNATAKA,INDIA
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KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY Volume I - General Requirements
Upgradation of 4MLD Sewage Treatment Plant at Madiwala Lake
KARNATAKA LAKE CONSERVATION AND
DEVELOPMENT AUTHORITY
PROJECT
BIO-DIVERSITY PARK AT MADIWALA LAKE
BID DOCUMENTS [National Competitive Bidding(NCB)]
Upgradation of 4MLD Sewage Treatment Plant at
Madiwala Lake
Volume 1
GeneralRequirements
JANUARY2016
CHIEF EXECUTIVE OFFICER;
KARNATAKA LAKE CONSERVATION AND DEVELOPMENT AUTHORITY 2NDFLOOR, PARISARA BHAVAN,
CHURCH STREET, BANGALORE – 560 009,
KARNATAKA,INDIA
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY VolumeI- GeneralRequirements
Section 1: Instruction to Bidders Page 7 of 55 Bid Document
Table
FOLLOWING SHALL BE THE CALENDAR OF EVENTS FOR TENDERING :
Availability of Tender documents ::: 11/01/2016 at 16.00 – Hours Pre-bid Meeting ::: 10/02/2016 at 16.00 – Hours Last date & time for receipt of Tender ::: 11/03/2016 at 16.00 - Hours Date & time for opening of Technical Bid
::: 15/03/2016 at- 11.00 - Hours
Opening of Financial Bid ::: Will be intimated to the Qualified Tenderers
5. Bidders should download the complete set of bid documents from the
website https://www.karnataka.gov.in/ldakarnatakaafter obtaining a
user ID and passwordafter 16.00 Hours on 11th of January 2016.The
fee shall be payable through e-portal.
Bidders may obtain further information and inspect the Bid Documents
at the office of the Employer, at the following address:
Office of the Chief Executive Officer,
Karnataka Lake Conservation and Development Authority,
Section 1: Instruction to Bidders Page 9 of 55 Bid Document
Price Proposals will be intimated in writing by post or by fax by the
Employer.
11. A Pre-bid meeting will be held on 10th February2016, at 16.00 hrs in
the office of the undersigned subsequent to the joint site visit in the
morning at 11.00 hours, to give prospective bidders the opportunity
to ask questions and get clarifications on the bid documents. The
Bidder is expected to plan to visit(s) to the Madiwala Lake STP site
before the Pre-bid meeting and apprise himself of the ground
realities and status of each of the existing equipment. The bidders
are requested to submit their queries, if any, in writing, to reach
Employer no later than Three (3) working day before this meeting.
Bidders should refer to Section1, Instruction to Bidders, for specific
procedures to be followed in submitting queries, and other details
about responses to queries and the pre-bid meeting.
CHIEF EXECUTIVE OFFICER KARNATAKLAKE CONSERVATION AND DEVELOPMENT AUTHORITY
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY Volume I - General Requirements
Upgradation of 4MLD Sewage Treatment Plant at Madiwala Lake
Section 1: Instruction to Bidders Page 10 of 55 Bid Document
KARNATAKA LAKE CONSERVATION AND
DEVELOPMENT AUTHORITY
PROJECT
BIO-DIVERSITY PARK AT MADIWALA LAKE
BID DOCUMENTS [National Competitive Bidding(NCB)]
Upgradation of 4 MLD Sewage Treatment Plant at
Madiwala Lake
INSTRUCTIONS TO BIDDERS (ITB)
JANUARY2016
CHIEF EXECUTIVE OFFICER;
KARNATAKA LAKE CONSERVATION AND DEVELOPMENT AUTHORITY 2NDFLOOR, PARISARA BHAVAN,
CHURCH STREET, BANGALORE – 560 009,
KARNATAKA,INDIA
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY Volume I - General Requirements
Upgradation of 4MLD Sewage Treatment Plant at Madiwala Lake
Section 1: Instruction to Bidders Page 11 of 55 Bid Document
SECTION 1 – INSTRUCTIONS TO BIDDERS
TABLE OF CONTENTS
a. GENERAL ............................................................................................. 1
1. Scope of Bid ........................................................................... 1 2. Source of Funds ...................................................................... 1 3. Eligible Bidders ....................................................................... 2
4. Eligible Equipment and Services ................................................ 2 5. Qualification of the Bidder ........................................................ 2
6. One Bid per Bidder .................................................................. 3 7. Cost of Bidding ........................................................................ 3 8. Site Visit ................................................................................... 3
b. BIDDOCUMENTS ................................................................................... 4
9. Content of Bid Documents .......................................................... 4
10. Clarification of Bid Documents ................................................... 5 11. Amendment of Bid Documents .................................................... 5
c. PREPARATION OF BIDS .......................................................................... 5
12. Language of Bid ........................................................................ 5
13. Documents Comprising the Bid ................................................... 6
14. Bid Prices ................................................................................. 7 15. Currencies of Bid and Payment ……………………………………………………… 8
18. Alternative Proposals by Bidders ……………………………………………………. 10 19. Pre-Bid Meeting ………………………………………………………………………………… 10 20. Format and Signing of Bid ……………………………………………………………… 11
d. SUBMISSIONOF BIDS ........................................................................ ..11
21. Sealing and MarkingofBids……………….…………………………………………… 11
22. Deadline for Submission of Bids ……………………………………………………. 12
23. Late Bids …………………………………………………………………………………………. 13
24. Modification and Withdrawal of Bids………………………………………………. 13
e. OPENING AND EVALUATION OF TECHNICAL PROPOSALS .......................... 13
25. Opening of Technical Proposals .................................................. 13 26. Process to be Confidential ......................................................... 14
27. Preliminary Examination of Technical Proposals and
Determination of Responsiveness ............................................... 14 28. Evaluation and Comparison of Technical Proposals ................... 14
29. Clarification of Technical Proposal ………………………………………………… 15 30. Invitation to Attend Opening of Price Proposals………………….……..… 15
f. OPENING AND EVALUATION OFPRICEPROPOSALS …………………………………… 16
31. Opening of Price Proposals ........................................................ 16
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY Volume I - General Requirements
Upgradation of 4MLD Sewage Treatment Plant at Madiwala Lake
Section 1: Instruction to Bidders Page 12 of 55 Bid Document
32. Process to be Confidential ......................................................... 16 33. Preliminary Examination of Price Proposals and
Determination of Responsiveness …………………………………………….16 34. Clarification of Price Proposals ................................................... 16 35. Correction of Errors .................................................................. 17
36. Conversion to Single Currency ................................................... 17
37. Evaluation and Comparison of Price Proposals ............................. 17 38. Domestic Preference ................................................................. 19
g. AWARD OF CONTRACT .......................................................................... 19
39. Award .......................................................................................... 19
40. Employer's Right to Accept any Bid and to Reject Any or All Bids ... 19 41. Notification of Award .................................................................... 19 42. Signing of Agreement ............................................................... 20 43. Performance Security ........................................................................................... 20
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY Volume I - General Requirements
Upgradation of 4MLD Sewage Treatment Plant at Madiwala Lake
Section 1: Instruction to Bidders Page 13 of 55 Bid Document
SECTION 1
INSTRUCTIONTOBIDDERS
a. GENERAL
1.Scope of Bid 1.1 The Karnataka Lake Conservation and Development Authority
(KLCDA),through the CHIEF EXECUTIVE OFFICER(KLCDA),
Bangalore (hereinafter referred to as the Employer), wishes to
receive bids for Design, Supply, Construction, Installation,
Testing, Commissioning, and subsequently Operation and
Maintenance for a period of seven (7) years of the Works as
defined in the Invitation for Bids.
1.2 The successful bidder will be required by contract to complete the
Design, Construction, Installation, Testing, and Commissioning of
the Works within Twelve (12) months from the Commencement
Date and shall thereafter provide O&M services for seven (7)years.
2. Source of Funds 2.1 The KARNATAKA LAKE CONSERVATION AND
DEVELOPMENT AUTHORITY (KLCDA), is the Executing
Agency, for upgrading the present 4MLD capacity STP under
construction of Bio-diversity Park at Madiwala lake project. As
for the remaining portion mainly the Operation and Maintenance
expenses of the upgraded Sewage Treatment Plant,
KARNATAKA LAKE CONSERVATION AND
DEVELOPMENT AUTHORITY will take appropriate measures
for finance.
Based on the recommendation of Karnataka Knowledge
Commission, the Government of Karnataka has approved the
project and given administration approval vide its Order No.FEE
80 ENV 2015, dated 07.10.2015 for development of Bio-
diversity Park at Madiwala lake for the year 2015-16. It was
decided that the agency in the state for administering the project
was KARNATAKA LAKE CONSERVATION AND
DEVELOPMENT AUTHORITY (KLCDA), who should
implement and maintain the project as per the advice of Prof
Babu, New Delhi. The total estimated budget for implementation
of the Bio-diversity Park at Madiwala lake works out to Rs.24.72
crores. In the said project, provision has been made for
upgradation of present 4MLD STP at Madiwala lake with an
project estimatedcost of Rs.12.0 Crores.
2.2 Technical Committee KLCDA (TC KLCDA) requires that
bidders and contractors, as well as KLCDA, under contract
is funded with Government Approved Sanctions observe the
highest standard of ethics during the procurement and execution
of such contracts. In pursuance of this policy, KLCDAwill;
a. reject a proposal for award if it determines that the bidder
recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in
question and
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY Volume I - General Requirements
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Section 1: Instruction to Bidders Page 14 of 55 Bid Document
b. recognize a contractor as ineligible, for a period
determined by TC KLCDA, to be awarded a contract
funded with Government Approved Sanctions if it at any
times determines that the contractor has engaged in corrupt
or fraudulent practices in competing for, or in executing,
another contract funded with Government Approved
Sanctions.
3. EligibleBidders 3.1 This Invitation to Bid is open to Eligible Bidders only. Eligible
bidders are those that meet both of the following requirements:
The Bidder shall be from the eligible source country INDIA,
and
The Bidder (applies to all members in case of a joint venture)
shall not be one of the following:
(i) A firm or an organization which has been engaged by the
Employer to provide consulting services for the preparation related
to procurement for or implementation of this project
(ii) An associate or affiliate (inclusive of parent firm) of a firm or an
organization that falls under sub-clause (b)(i)above
(iii)A firm or an organization who lends, or temporarily seconds its
personnel to firms or organizations which are engaged in
consulting services for the preparation related to procurement for
or implementation of the project, if the personnel would
be involved in any capacity on the same project.
3.2 Each bidder (all members in case of a joint venture) shall provide
a
statement that it complies with Clause 3.1 in all respects and provide
such further evidence of their eligibility as the Employer may
reasonably require.
4.Eligible Equipment 4.1 Eligible source Country is INDIA only.
and Services
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY Volume I - General Requirements
Upgradation of 4MLD Sewage Treatment Plant at Madiwala Lake
Section 1: Instruction to Bidders Page 15 of 55 Bid Document
5. Qualification oftheBidder 5.1 To be qualified for award of Contract, bidders shall be required
to satisfy all of thefollowing:
(a) meet the eligibility criteria described in Clause 3above;
(b) submit an original written power of attorney authorizing
the signatory of the bid to commit the bidder to bid for this
contract;
(c) submit all requisite information with documentary
Volume 2 of Bid Documents, clearly demonstrating that
the bidder meets all the Qualification Criteria specified.
The bidding and evaluation process is based on ‘Initial Filter’
and the bid which meets the Qualification Criteria set down in
Section 6: Technical Schedules will only be taken up for further
evaluation.
5.2 Bids submitted by a joint venture of two or more firms as
partners shall comply with the followingrequirements:
(a) the bid, and in case of the successful bid, the Form of
Agreement, shall be signed so as to be legally binding on
all partners;
(b) one of the partners shall be authorized to be in charge and
this authorization shall be evidenced by submitting a
power of attorney signed by legally authorized signatories
of all the partners;
(c) the partner-in-charge shall be authorized to incur
liabilities, receive payments, and receive instructions for
and on behalf of any or all partners of the joint venture for
the entire execution of the contract;
(d) all partners of the joint venture shall be jointly and
severally liable for the execution of the Contract in
accordance with the Contract terms, and a statement to
this effect shall be included in the authorization mentioned
under (b) above as well as in the Bid Form and the Form
of Agreement (in case of a successful bid);
(e) a copy of the agreement entered into by the joint venture
partners shall be submitted with the Technical Proposal;
(f) the bid shall include all the information listed in Sub-
clause 5.1above.
6. One Bidper Company 6.1 Each individual company may participate in only one bid by
itself or as a partner in a joint venture. Further, no company may be a subcontractor on one bid while participating in another bid individually or as a partner of a joint venture in the same
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY Volume I - General Requirements
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Section 1: Instruction to Bidders Page 16 of 55 Bid Document
bidding process. However, a company may participate in more
than one bid if its role in all the bids is that of a subcontractor.
Any company violating these restrictions as well as all bids
associated with such company will be automatically
disqualified.
7. Cost ofBidding 7.1 The bidder shall bear all costs associated with the preparation
and submission of its bid and the Employer will in no case be
responsible or liable for those costs, regardless of the conduct or
outcome of the tendering process.
8. Site Visit 8.1 The bidder is advised to visit and examine the Site(s) of the
Works and surroundings and obtain for itself on its own
responsibility and at its own expense, all the information that
may be necessary for preparing the bid and entering into this
contract. The bidder agrees that missing or incomplete
information in the Bid Documents shall not be entertained as a
basis for any type of claim by thebidder.
8.2 The bidder and any of its personnel or agents will be granted
permission by the Employer to enter upon its premises and lands
for the purpose of such inspection, but only upon the express
condition that the bidder, its personnel, and agents, will release
and indemnify the Employer and its personnel and agents from
and against all liability in respect thereof and will be responsible
for death or personal injury, loss of or damage to property, and
any other loss, damage, costs or expenses incurred as a result of
the inspection.
8.3 The Employer may conduct a Site Visit concurrently with the
Pre-Bid Meeting referred to in Clause19.
B. BID DOCUMENTS
9. Content of Bid Documents 9.1 The bid documents consist of the components listed below, and
should be used in conjunction with any Addenda issued in
accordance with Clause 11:
Volume 1 : General Requirements Invitation for Bids
Section 1: Instructions to Bidders Section 2: Part I – General Conditions Section 3: Appendix to Tender Section 8: Sample Forms
Volume 2 : Employer’s Requirements
Section 4: Technical Specification
Section
Section 6
5A: Form of Technical Proposal
Technical Schedules
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY Volume I - General Requirements
Upgradation of 4MLD Sewage Treatment Plant at Madiwala Lake
Section 1: Instruction to Bidders Page 17 of 55 Bid Document
Volume 3: Price Proposal
Section 5B: Form of Price Proposal
Section 7 Schedule of Prices & Schedule of Payments
Volume 4: Drawings
Drawings
9.2 The bidder is expected to examine carefully the contents of the
bid documents. Failure to comply with the requirements of bid
submission will be at the bidder’s own risk. Pursuant to Clause
28, bids which are not substantially responsive to the
requirements of the Bid Documents will be rejected.
10. Clarification of Bid Documents
9.3 Bidders are informed that the site investigation (topographical survey, geotechnical investigations, high flood level, etc. but not be limited to this) information which may be provided is general informational purposes only and the Employer does not warrant either its accuracy or adequacy. Bidders agree that they may choose to use this information in preparing their bids at their own risk and no claims of any kind will be allowed based on this information. Bidders are responsible for obtaining on their own any and all site information they deem necessary in order to prepare theirbids.
10.1 A prospective bidder requiring any clarification of the bid
documents may notify the Employer in writing by post or by fax
(hereinafter, the term “fax” is deemed to include electronic
transmission such as facsimile, cable, e-mail and telex) at the
Employer’s address indicated in the Invitation for Bids. The
Employer will respond to any request for clarification which it
receives not later than Three (3) working days prior to the day of
Pre Bid Meeting. Bidder shall use Bidder Query Form as given
in Section 8, Volume 1 of the Bid Document for sending their
queries. Copies of the Employer’s response will be forwarded to
all purchasers of the Bid Documents, including a description of
the inquiry, but without identifying its source.
11. Amendment of Bid
Documents
11.1 At any time prior to the deadline for submission of bids, the
Employer may, for any reason, whether on its own initiative or
in response to a clarification requested by a prospective bidder,
modify the Bid Documents by issuing addenda.
11.2 Any addendum thus issued shall be part of the Bid Documents
pursuant to Sub-Clause 9.1, and shall be communicated in writing or by fax to all purchasers of the Bid Documents. Prospective bidders shall acknowledge receipt of each addendum by fax to the Employer within one working day of receipt. Submission of a bid shall be deemed acknowledgement by bidder of all addenda issued, regardless of whether or not bidder explicitly acknowledges each addendum.
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY Volume I - General Requirements
Upgradation of 4MLD Sewage Treatment Plant at Madiwala Lake
Section 1: Instruction to Bidders Page 18 of 55 Bid Document
11.2 To afford prospective bidders reasonable time in which to take
an addendum into account in preparing their bids, the Employer
may extend the deadline for submission of bids, in accordance
with Clause22.
C. PREPARATION OF BIDS
12. Language of Bid 12.1 The bid and all correspondence and documents related to the bid
exchanged between the bidder and the Employer shall be written
in the English language.
12.2 In case of any of the submitted documents, like Power of
Attorney, Letter of Acceptance, Work Order, Work Completion
Certificate and /or Experience Certificate etc; are in a language
other than English, then notarized English translation of the
documents shall also be submitted along with the original
documents. The English translation shall include an affidavit of
the translator regarding the literal conformity of the transcript
with the original text. Such document shall be authenticated by
the Embassy / Consulate of that country inIndia.
12.3 For all purposes of bid the translation as mentioned in the
preceding sub paragraph above shall govern.
13. Documents in the Bid 13.1 The bid submitted by the bidder shall comprise two ways – one
through e-portal ( Technical & Price bids separately) and second
in two envelopes submitted simultaneously, both containing only
the Technical Proposal ( two copies).
13.2 The Technical Proposal shall comprise: Volume 1: General
28.3 A substantially responsive bid is one which conforms to all the
terms, conditions, and specifications of the Bid Documents,
without material deviation or reservation. A material deviation
or reservation is one (i) which affects in any substantial way the
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY Volume I - General Requirements
Upgradation of 4MLD Sewage Treatment Plant at Madiwala Lake
Section 1: Instruction to Bidders Page 28 of 55 Bid Document
s
c
o
p
e
,
s
scope, quality, or performance of the Works; (ii) which
limits in any substantial way, inconsistent with the Bid
Documents, the Employer’s rights or the bidder’s
obligations under the Contract; or (iii) whose rectification
would affect unfairly the competitive position of the other
bidders presenting substantially responsive bids
.
If a bid is not substantially responsive, it will be rejected by the
Employer, and may not subsequently be made responsive by
correction or withdrawal of the non-conforming deviation or
reservation.
28.4 The Employer wishes to clarify that regardless of the contents of
a bid, the successful Bidder shall be required to conform in all
respects to the requirements of the Contract, and all proposals
shall be subject to the approval of the Engineer. Acceptance of
the Bidder’s proposal for the purposes of bid evaluation and
award of tender shall not be construed as approval by the
Employer. All details will subsequently be subject to the
approval of the Engineer during execution of the Contract. No
claim for additional payments shall be entertained, other than in
accordance with the Contract.
29. Clarification of
Technical
Proposals
29.1 The Employer may request any Bidder to provide further
information on any matters, technical or otherwise, where the
Employer requires clarification to be made to the Technical
Proposal. The request for clarification and the response shall be
in writing by post or by fax, but no change in the price or
substance of the bid shall be sought, offered, or permitted. The
request shall be answered promptly within the time stipulated in
the request. Failure to respond promptly may result in the
Technical Proposal being deemed not to be substantially
responsive.
30. Invitation to Attend
Opening of Price
Proposals
30.1 At the end of the evaluation of Technical Proposals by the
Employer, the Employer will invite bidders who have submitted
substantially responsive Technical Proposals and who have
been determined as being qualified for award to attend the bid
opening of the Price Proposals. Bidders shall be given
reasonable notice of the date and time of opening of the Price
Proposals.
30.2 Subsequently, the Employer will notify Bidders that have been
rejected on the grounds of Qualification Criteria and or
Technically substantially non-responsive to the requirements of
Bid Documents in writing and their Price Proposals will remain
unopened and be returned to the bidders.
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY Volume I - General Requirements
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Section 1: Instruction to Bidders Page 29 of 55 Bid Document
31. Opening of
Price Proposals
F. OPENING AND EVALUATION OF PRICE PROPOSALS
31.1 The Employer will open the Price Proposals of all
bidders who have submitted substantially responsive Technical Proposals at advised time, date, and location that will be intimated to the
bidders. The bidders’ representatives who are present shall sign a register evidencing their
attendance.
31.2 The bidders’ names, the bid prices, the total amount of each bid, any discounts, and such other
details as the Employer may consider appropriate, will be announced and recorded by the Employer
at the opening. Any bid price or discount which is not announced and recorded at the opening of
Price Proposals will not be taken into account in bid evaluation. The bidders’ representatives who are present will be required to sign the record.
31.3 The Employer shall prepare minutes of the bid
opening, including the information disclosed to those present in accordance with Sub-Clause 31.2. After the contract is determined, the names of all bidders,
their bid prices, the name and address of the successful bidder may be made public by TC KLCDA.
32. Process to
be
Confident-
ial
32.1 Information relating to the examination,
clarification, evaluation, and comparison of Price Proposals and recommendations for the award of a contract shall not be disclosed to bidders or any
other persons not officially concerned with such process until the successful bidder is announced.
Any effort by a bidder to influence the Employer’s processing of bids or award decisions may result in rejection of the bidder’s bid.
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY Volume I - General Requirements
Upgradation of 4MLD Sewage Treatment Plant at Madiwala Lake
Section 1: Instruction to Bidders Page 30 of 55 Bid Document
33. Preliminary
Examination of
Price Proposals and
Determination of Responsiveness
33.1 Prior to the detailed examination of the Price
Proposals, the Employer will determine whether each opened bid (i) has been properly signed; and
(ii) is substantially responsive to the requirements of the Bid Documents.
33.2 A substantially responsive bid is one which conforms to all terms, conditions, and
requirements of the Bid Documents without material deviation or reservation. A material
deviation or reservation is one (i) which affects in any substantial way the scope, quality, or performance of the Works; (ii) which limits in any
substantial way, inconsistent with the Bid Documents, the Employer’s rights or the bidder’s
obligations under the Contract; or (iii) whose rectification would affect unfairly the competitive position of the other bidders presenting
substantially responsive bids.
33.3 If a Price Proposal is not substantially responsive it will be rejected by the Employer, and may not subsequently be made responsive by correction or
withdrawal of the nonconforming deviation or reservation.
34. Clarification of
Price Proposals
34.1 To assist in the examination, evaluation, and
comparison of Price Proposals, the Employer may, at its discretion, ask any bidder for clarification of its bid, including breakdowns of unit rates. The
request for clarification and the response shall be in writing by mail or by fax, but no change in the
price or substance of the bid shall be sought, offered, or permitted except as required to confirm the correction of any arithmetic errors discovered
by the Employer in the evaluation of the bids in accordance with Clause 35.
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY Volume I - General Requirements
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Section 1: Instruction to Bidders Page 31 of 55 Bid Document
35
5.
Correction of Errors 35.1 Price Proposals determined to be substantially
responsive will be checked by the Employer for any arithmetic errors. Arithmetic errors
will be rectified on the following basis. If there is a discrepancy between the unit rate and the
total cost per item that is obtained by multiplying the unit rate and quantity, the unit rate shall prevail and the total cost per item will
be corrected unless in the opinion of the Employer there is an obvious misplacement of
the decimal point in the unit rate, in which case the total price as quoted will govern and the unit rate will be corrected. If there is a discrepancy
between the total bid amount and the sum of total costs per item, the sum of the total costs
per item shall prevail and the total bid amount will be corrected. If the bidder has offered a discount expressed as a percentage of the
quoted price, such discount will be applied to the corrected bid price
.
35.2 The amount stated in the Form of Bid for Price Proposal will be adjusted by the Employer in
accordance with the above procedure for the correction of errors and shall be considered as binding upon bidder. If the bidder does not accept
the corrected amount of bid, his bid will be rejected, and the bid security may be forfeited in
accordance with sub-Clause 17.6(b).
36.
37. Evaluation and
Comparison of Price Proposals
NOT USED
37.1 The Employer will evaluate and compare only the bids determined to be substantially responsive in
accordance with Clause 33.
37.2 For plant and equipment, the comparison shall be
of the landed price of plant and equipment offered, (such price to include all costs as well as duties and taxes paid or payable on components
and raw material incorporated or to be incorporated in the plant and equipment), plus the
cost of local transportation, design, civil works, installation, operations and maintenance of the facilities,and all other services required under the
contract.The Employer's comparison will also include the costs resulting from application of the
evaluation procedures described in Sub- Clause
37.4
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Section 1: Instruction to Bidders Page 32 of 55 Bid Document
37.3 The Employer's evaluation of a bid will not take into account:
(i) any Provisional Sum items in the Schedule of
Prices where the Employer has pre-determined its value;or
However, in addition to the bid prices indicated in the Schedule of Prices, the evaluation will take
into account the following costs and factors which will be added to each Bidder's bid price in the evaluation using pricing information available to
the Employer in the manner and to the extent indicated in Sub- Clause 37.4
37.4 Pursuant to Sub-Clause 37.3, the following
evaluation methods will befollowed: (a) Time Schedule: The plant and equipment
covered by this bidding are required to be
shipped and installed and the facilities completed within the period specified in the Appendix to Tender. Bidders submitting bids
which deviate from the time schedule specified will be rejected.
(b) Operating costs: Since operating costs form a major part of the life cycle cost of the Works, these costs will be evaluated in accordance
with the methodology described in Sub-Clause 37.5 and 37.6.
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Section 1: Instruction to Bidders Page 33 of 55 Bid Document
37.5 For the purposes of calculating the operating costs under Sub- clause 37.4 (b) above, plant operation
costs which may vary from bidder to bidder will be considered based upon the manpower cost,
chemical consumption cost and electricity usage charges of the plants and equipment which bidder proposes to supply and install as a part of the
Works, as per the data furnished in Section 6, Technical Schedule XI – Functional Guarantees of
the Plant, Volume 2: Employer’s Requirements of Bid Documents. The following procedure will be adopted for the purpose of arriving at the total
operating cost:
(i) for calculation of the estimated total cost of
electricity consumed by the Works, an electricity unit cost of Rs.5.50 per kWh will be used, which roughly equals the current rate
paid by similar works
(ii) a discount rate of eight percent (8%) per
annum which shall be used to discount to present value all future annual costs calculated for the specified periods.
37.6 The estimated cost of the operating cost loading
will be calculated in accordance with the methodology set out in Technical Schedule VI of Section 6. Bidders are encouraged to offer Plant
and equipment with high efficiencies and lower operating costs at the specified operating
conditions.
37.7 Land required for construction should also be
mentioned and will be counted for evaluation of bid.
37.8 The Employer reserves the right to accept or
reject any variations or deviations. The variations, deviations, and other factors offered in excess of the requirements of the Bid Documents or which
otherwise result in the accrual of unsolicited benefits to the Employer shall not be taken into
account in bid evaluation.
37.9 If the bid of the successful bidder is seriously
unbalanced in relation to or substantially above or below the Engineer’s cost estimate, the Employer
may require the bidder to produce detailed price analyses for any or all items of the Schedule of
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY Volume I - General Requirements
Upgradation of 4MLD Sewage Treatment Plant at Madiwala Lake
Section 1: Instruction to Bidders Page 34 of 55 Bid Document
Prices, to demonstrate the internal consistency of those prices with the construction methods and schedule proposed. After evaluation of the price
analyses, the Employer may require that the amount of the performance security set forth in
Clause 43 be increased at the expense of the successful bidder to a level sufficient to protect the
Employer against financial loss in the event of default of the successful bidder under the Contract.
G AWARD OF CONTRACT
38. Award 39.1 Subject to Clause 40, the Employer will award the
Contract to the bidder whose bid is determined to be substantially responsive to the Bid Documents and offers the Lowest Evaluated Bid Price, provided
that such bidder has been determined to be (i) eligible in accordance with the provisions of Sub-
Clause 3.1 and 4.1; (ii) qualified in accordance with the provisions of Clause 5; and has submitted a substantially responsive Technical Proposal in
accordance with Clauses 27, 28 and29.
39. Employer’s Right to Accept any Bid
and to Reject any or all Bids
39.1 Notwithstanding Clause 39, the Employer reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time
prior to award of Contract, without thereby incurring any liability to the affected bidder or
bidders or any obligation to inform the affected bidder or bidders of the grounds for the Employer’s action.
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY Volume I - General Requirements
Upgradation of 4MLD Sewage Treatment Plant at Madiwala Lake
Section 1: Instruction to Bidders Page 35 of 55 Bid Document
40. Notification of Award 40.1 Prior to expiry of the period of bid validity prescribed
by the Employer, the Employer will notify the
successful bidder by fax and confirm by registered
letter that its bid has been accepted. This letter
(hereinafter and in the Conditions of Contract called
the “Letter of Acceptance”) shall name the sum
which the Employer will pay the Contractor
(hereinafter and in the Conditions of Contract called
“the Contract Price”) in consideration for the
Contractor’s full and complete performance of its
obligations under the Contracts
40.2
The notification of award will constitute the
formation of the Contract.
40.3 Upon the furnishing by the successful bidder of the required performance security, the Employer will
promptly notify the other bidders that their bids have been unsuccessful.
42. Signing of Agreement
42.1
At the same time that the Employer notifies the
successful bidder that its bid has been accepted, the Employer will send the bidder the Form of
Agreement provided in the Bid Documents, incorporating all agreements between the parties.
42.2 Within 14 days of receipt of the Form of
Agreement, the successful bidder shall sign the Form and return it to the Employer.
43. Performance Security 43.1 Within 28 days of receipt of the notification of award from the Employer, the successful bidder
shall furnish to the Employer a performance security in an amount specified in the Appendix to
Tender in accordance with the Conditions of Contract. The form of the Performance Security may be as described in Section 8 of Volume 1 of the
Bid Documents or some other form acceptable to the Employer may be used.
43.2 Failure of the successful bidder to comply with the
requirements of Clauses 42 or 43 shall constitute sufficient grounds for annulment of the award and forfeiture of the bidsecurity.
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY Volume I - General Requirements
Upgradation of 4MLD Sewage Treatment Plant at Madiwala Lake
Section 1: Instruction to Bidders Page 36 of 55 Bid Document
KARNATAKA LAKE CONSERVATION AND
DEVELOPMENT AUTHORITY
PROJECT
BIO-DIVERSITY PARK AT MADIWALA LAKE
BID DOCUMENTS [National Competitive Bidding(NCB)]
Upgradation of 4 MLD Sewage Treatment Plant at
Madiwala Lake
Volume 1
SECTION 2 : GENERAL CONDITIONS
JANUARY2016
CHIEF EXECUTIVE OFFICER;
KARNATAKA LAKE CONSERVATION AND DEVELOPMENT AUTHORITY 2NDFLOOR, PARISARA BHAVAN,
CHURCH STREET, BANGALORE – 560 009,
KARNATAKA,INDIA
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY Volume I - General Requirements
Upgradation of 4MLD Sewage Treatment Plant at Madiwala Lake
Section 1: Instruction to Bidders Page 37 of 55 Bid Document
Section 2: General Conditions
These Conditions of Contract shall be governed by the KTPP ACT
Copies of the KTPP Act Conditions of Contract can be obtained from:
e-Portal of Karnataka Government
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY Volume I - General Requirements
Upgradation of 4MLD Sewage Treatment Plant at Madiwala Lake
Section 1: Instruction to Bidders Page 38 of 55 Bid Document
KARNATAKA LAKE CONSERVATION AND
DEVELOPMENT AUTHORITY
PROJECT
BIO-DIVERSITY PARK AT MADIWALA LAKE
BIDDOCUMENTS [National Competitive Bidding(NCB)]
Upgradation of 4 MLD Sewage Treatment Plant at
Madiwala Lake
Volume 1
SECTION 3 : APPENDIX TO TENDER
JANUARY2016
CHIEF EXECUTIVE OFFICER;
KARNATAKA LAKE CONSERVATION AND DEVELOPMENT AUTHORITY 2NDFLOOR, PARISARA BHAVAN,
CHURCH STREET, BANGALORE – 560 009,
KARNATAKA,INDIA
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY Volume I - General Requirements
Upgradation of 4MLD Sewage Treatment Plant at Madiwala Lake
Section 1: Instruction to Bidders Page 39 of 55 Bid Document
APPENDIX
[NOTE: With the exception of the items for which the Employer’s requirements have been inserted, the
following information must be completed before the Tender issubmitted].
Works TWELVE (12) months (365Days) including mansoon
Operation and
Maintenance Period Seven (7) years, or 2555days.
Defects Notification
Period Defects Notification Period shall be 365days
Cost plus Profit Where the Contract allows for Cost Plus Profit, Five Percent (5%)
profit to be added to the Cost.
Section Section does not apply for this contract. The Works shall be fully
completed within the Time for Completion ofWorks.
Electronic
systems
transmission Facsimile transmission will be an acceptable form of electronic
transmission system.
As an alternate, E-mail will also be an acceptable form of electronic
transmission system, provided a signed hard copy of the entire contents
of the E-mail, including any attachments, is also received within
seven (7) days of the transmission of the E-mail.
Governing Law Law of the Republic of India
Ruling Language English
Language of
Communication
English
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY Volume I - General Requirements
Upgradation of 4MLD Sewage Treatment Plant at Madiwala Lake
Section 1: Instruction to Bidders Page 40 of 55 Bid Document
Item Data
Date of Access to Site 14 days after Commencement Date
Amount of Performance Security Ten (10) percent of the Accepted Works Contract Price.
The amount of performance security will be in INR
Return of Performance Security There exist two performance securities, one for "Works
contract" & other for "O&M Contract". Half of the
performance security of "Works contract "shall be released
after issue of “Taking Over Certificate”. The remaining half
of the Performance Security will be released to the
Contractor within 14 days of the issue of the "Works
Contract Completion Certificate" for the Works executed as
per Contract. The bidder shall submit performance security
of "O & M Contract" (Fifteen percent (15%) of "O & M
Contract price") prior to release of the remaining half
portion of Performance Security of "Works contract"
Deadline for Contractor to Notify
Engineer of Errors in the Employer’s
Requirements
Within 21 days from the Commencement Date.
Normal working hours 08:30 hrs to 17:30 hrs on all days of the week excluding
general holidays.
Delay Damages for Works 0.1% of the STP Works Contract Price per day for STP that is
delayed, in the same currency / currencies the Contract Price is
payable in.
Maximum amount of Delay
Damages forWorks
10% of the Works Contract Price.
Damages for Failure to Pass the
Tests on Completion.
See formulationsbelow
Effluent Quality: Failure to
achievethe specified effluent
quality requirement at the outlet of
the Discharge reservoir
Damages as Percent of the Works Contract Price for each
additional “quantum” (as defined below) of the effluent
quality parameter, or part thereof, beyond the specified
maximum concentration, present in the actual effluent
produced during the Tests on Completion:
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY Volume I - General Requirements
Upgradation of 4MLD Sewage Treatment Plant at Madiwala Lake
Section 1: Instruction to Bidders Page 41 of 55 Bid Document
Item Data
Parameter Specified
maximum
concentration
BOD 20 mg/l
TSS 50 mg/l
NH4-N 1mg/l
NO3-N 10mg/l
TP 1mg/l
Fecal Coliform 22 MPN/100ml
Percent of(STP)Works For each additional or
Contract Price part of parameter
1% 2 mg/l,BOD
1% 1 mg/l,TSS
1% 0.2 mg/l,NH4-N
1% 1 mg/l,NO3-N
1% 0.2 mg/l,TP
1% 2 MPN/100mL,
Fecal Coliform
For a given STP, Damages shall not exceed 2% of that
STP’s Works Contract Price. Further, all remedies other
than damages, including but not limited to construction of
additional facilities, additional equipment and repair
and/or replacement of the installed equipment shall
continue to be fully available to the Employer, and the
Employer may choose to invoke any or all of them at any
time in accordance with the terms of the Contract.
Effluent Quality: Failure to achievethe
specified effluent quality requirement at
the outlet of the Discharge Reservoir
during the Operation and Maintenance
(O & M )period
Parameter Specified
maximum
concentration
BOD 20mg/l
TSS 50 mg/l
NH4-N 1mg/l
NO3-N 10mg/l
TP 1mg/l
FecalColiform 22 MPN/100ml
Performance Damages as Percent of the O & M
Monthly payment, as Percent of the STP O & M
Monthly payment for STP that fails to pass the Tests
during O & M period for each additional “quantum” (as
defined below) of the effluent quality parameter, or part
thereof, beyond the specified maximum concentration,
present in the actual effluent produced during the Tests
on Completion:
Percent of (STP) O&M For
eachadditionalorMonthlypayment part ofparameter
2% 2mg/l,BOD
2% 1 mg/l,TSS
2% 0.2 mg/l,NH4-N
2% 1 mg/l,NO3-N
2% 0.2 mg/l,TP
2% 2MPN/100mL,
FecalColiform
For a given STP, Performance Damages shall not exceed
5% of that STP’s STP O & M Contract
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY Volume I - General Requirements
Upgradation of 4MLD Sewage Treatment Plant at Madiwala Lake
Section 1: Instruction to Bidders Page 43 of 55 Bid Document
Item Data
Price. Further, all remedies other than performance
damages, including but not limited to construction of
additional facilities, additional equipment and repair
and/or replacement of the installed equipment shall
continue to be fully available to the Employer, and the
Employer may choose to invoke any or all of them at
any time in accordance with the terms of the Contract.
Power Consumption:
Excess Damages payable by Contractor to Employer on
a monthly basis shall be equal to the actual cost of
the excess energy used for Operation and
Maintenance of the Works for the STP under the
Contract, based on the guaranteed consumption
provided by the Contractor under the relevant
Technical Schedules in Section 6 and the current
rates charged to the Employer for electricity
consumed. Such payable will be assessed for each
month during the O&M Period in which the actual
power consumption exceeds the guaranteed power
consumption calculated in the Technical Schedule
XI.
consumption of electrical energy for Operation and Maintenance of the
constructed Works for each STPand under the Contract.
Percentage for adjustment of
Provisional Sums
5% (five percent) of the actual price paid to cover all
costs, charges and profit with respect to the Costs of
works, supplies and services provided under the
Provisional sums.
Total advance payment 10% of the Works Contract Price, excluding any
Provisional Sums, payable against Bank Guarantee(s) in
the proportions of currencies in which the Works Contract
Price is payable.
Number and timings of installments Two(2).
Currencies and proportion Local Currency: Indian Rupee (Rs)
Start repayment of advance
payment
By deduction from the Interim Payments in accordance with the conditions set out in Section 3, Particular Conditions of Contract. Deductions of each installment of the advance will start from the Interim Payment for the 2
nd
(second) month following the month in which the advance was paid.
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY Volume I - General Requirements
Upgradation of 4MLD Sewage Treatment Plant at Madiwala Lake
Section 1: Instruction to Bidders Page 44 of 55 Bid Document
Repayment amortization of advance
payment
Each installment of the advance payments shall be repaid in
10 (ten) equal monthly installments, each in the amount
of 10% of the amount of the mobilization advance until
such time as the advance payments shall have been fully
repaid.
Item Data
Percentage of retention 5% (five percent) of the amount of all Interim Payment
Certificates for the Works Contract portion of the Contract,
excluding any Provisional Sums.
Limit of Retention Money 5% (five percent) of the Works Contract Price, excluding
any Provisional Sums.
Plant and Materials for Payment
when delivered to site (a) Valves, sluice gates, pipes, pumpsblowers
(b) Centrifuge &Accessories,
(c) Micro filters andAccessories,
(d) DGsets,
(e) Cables, Central HMI and SCADASystem,
(f) miscellaneous equipment : Chemical Dosing
system, , flow meters and level indicatorsetc.,
Minimum Amount of Interim
Payment Certificate
1.5 % of the Accepted Works Contract Price.
Period of Submission of evidence:
(a) Evidence of insurance
(b) Relevant policies
60 days
90 days
Minimum amount of Insurance
third party insurance
Rs 2,00,000/- per occurrence with 10 number of
occurrences.
Limit of the Compensation for delays
or interruptions caused by the
Contractor
10 % of STP, O & M Contract Price
Limit of the Compensation for delays
or interruptions caused by the
Employer
10 % of STP, O & M Contract Price
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY Volume I - General Requirements
Upgradation of 4MLD Sewage Treatment Plant at Madiwala Lake
Section 1: Instruction to Bidders Page 45 of 55 Bid Document
KARNATAKA LAKE CONSERVATION AND
DEVELOPMENT AUTHORITY
PROJECT
BIO-DIVERSITY PARK AT MADIWALA LAKE
BIDDOCUMENTS [National Competitive Bidding(NCB)]
Upgradation of 4 MLD Sewage Treatment Plant at
Madiwala Lake
Volume 1
SECTION 8 : SAMPLE FORMS
JANUARY2016
CHIEF EXECUTIVE OFFICER;
KARNATAKA LAKE CONSERVATION AND DEVELOPMENT AUTHORITY 2NDFLOOR, PARISARA BHAVAN,
CHURCH STREET, BANGALORE – 560 009,
KARNATAKA,INDIA
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY Volume I - General Requirements
Upgradation of 4MLD Sewage Treatment Plant at Madiwala Lake
Section 1: Instruction to Bidders Page 46 of 55 Bid Document
SECTION 8: SAMPLEFORMS
Notes on Sample Forms
All Bidders shall complete and provide the Bid Security in accordance with the
requirements of the bidding documents.
Bidders should not complete the Forms of Agreement at this time. Only the
successful Bidder will be required to complete the Forms. The Forms of Agreement,
when finalized at time of contract award, will incorporate any corrections or
modifications to the accepted bid resulting from arithmetic corrections,
acceptabledeviations (time for completion, technical deviations, commercial
deviations, etc.), spare parts or quantity variations in accordance with the
requirements of the bidding documents.
The Form of Performance Security and Form of Advance Payment Security should
not be completed by the bidders at the time of bid preparation. Only the successful
Bidder will be required to provide these securities in accordance with the forms
indicated herein or in another form acceptable to the Employer.
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY Volume I - General Requirements
Upgradation of 4MLD Sewage Treatment Plant at Madiwala Lake
Section 1: Instruction to Bidders Page 47 of 55 Bid Document
TABLE OF
CONTENTS
Description Pageno.
Bidder Query Form 3
Form of Statement form
compliance of 3.1 of ITB
5
Form of Bid Security 6
Form of Contract Agreement 7
Form of Performance Security 8
Form of Performance Security Operation and Maintenance
Period 9
Form of Advance Payment Security 10
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY
Upgradation of Sewage Treatment Plant at MadiwalaLake
Volume1–GeneralRequirements
Section 8: SampleForms Page 3 of10 Biddocument
BidderName:
Bidder Query Form
Query
No.
ClauseNo.
PageNo.
Bidder’sQueries
Response fromLDA
General
Technical
Process
Mechanical
Civil
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY
Upgradation of Sewage Treatment Plant at MadiwalaLake
Volume1–GeneralRequirements
Section 8: SampleForms Page 4 of10 Biddocument
Query
No.
ClauseNo.
PageNo.
Bidder’sQueries
Response fromLDA
Electrical
Instrumentation/Control/Automation
Financial /Commercial
Operation andMaintenance
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY
Upgradation of Sewage Treatment Plant at Madiwala Lake
Volume1–GeneralRequirements
Section 8: SampleForms Page 5 of10 Biddocument
FORM OF STATEMENT FOR COMPLIANCE OF PARA 3.1 OF ITB
(To be submitted by Bidder or each partner of a Joint venture)
Name of the Contract:Up-gradation of Sewage Treatment Plant at Madiwala Lake
The CHIEF EXECUTIVE OFFICER
KARNATAKA LAKE CONSERVATION AND DEVELOPMENT AUTHORITY ,
No.49, Parisara Bhavan, 2nd Floor, Church Street ,
Bangalore -560001. Karnataka, INDIA
Gentleman,
We (Name of the Bidder or Partner of Joint venture in case of JV) herby confirm our compliance to
Para3.1as eligible bidder to bid for this contract and as follows:
We confirm that we are from the eligible source country. We are not engaged by the Employer to
provide consulting services for the preparation related to procurement for or implementation of this
project. Any associates / affiliates of our organization are not engaged by the Employer to provide
consulting services for preparation related to procurement for implementation of this project. Our
organization shall not lend or temporarily seconds our personnel to provide consulting services for
(herein after called "the Employer") in the sum of 1 for which payment
well and truly to be made to the said Employer the Bank binds himself, its successors and assigns by
these presents.
SEALED with the Common Seal of the said Bank this day of 2016.
THE CONDITIONS of this obligation are:
(1) if the Bidder withdraws his Bid during the period of Bid validity specified in the Form
of Bid; or
(2) if the Bidder does not accept the correction of arithmetical errors of his bid price in
accordance with the Instructions to Bidders in his Bid; or
(3) if the Bidder, having been notified of the acceptance of his Bid by the Employer
during the period of Bid validity:
(a) fails or refuses to execute the Form of Contract Agreement in accordance with
the Instructions to Bidders, if required; or
(b) fails or refuses to furnish the Performance Security, in accordance with the
Instructions toBidders;
(4) if the Bidder is determined, at any time prior to the award of contract, to have
engaged in corrupt or fraudulent in competing the contract;or
we undertake to pay to the Employer up to the above amount upon receipt of its first written demand,
without the Employer having to substantiate his demand, provided that in its demand the Employer
will note that the amount claimed by him is due to him owing to the occurrence of one or all of the
above conditions, specifying the occurred condition or conditions.
This Guarantee will remain in force up to and including the date occurring 148 days after the deadline
for submission of bids as such deadline is stated in the Instructions to Bidders or as it may be extended
by the Employer, notice of which extension(s) to the Bank is hereby waived. Any demand in respect
of this Guarantee should reach the Bank not later than the above date.
DATE
WITNESS
[Signature,Name,andAddress]
SIGNATUREOFTHEBANK
SEAL
1 The bidder should insert the amount of the guarantee in words and figures denominated in Indian Rupees This
figure should be the same as shown in Clause 17.1 of the Instructions to Bidders.
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY
Upgradation of Sewage Treatment Plant at Madiwala Lake
Volume1–GeneralRequirements
Section 8: SampleForms Page 7 of10 Biddocument
FORM OF CONTRACT AGREEMENT
This Agreement made this day of , 2016, KARNATAKA LAKE CONSERVATION
AND DEVELOPMENT AUTHORITY, represented by the CHIEF EXECUTIVE OFFICER, KARNATAKA LAKE
CONSERVATION AND DEVELOPMENT AUTHORITY,No.49, Parisara Bhavan, 2nd Floor, Church Street,
Bangalore 560 001, Karnataka (India), (hereinafter called "the Employer") of the one part and of
(herein after called" the Contractor") of the
other part.
Whereas the Employer desires that the Works known as the Up-gradation of 4MLD Sewage Treatment Plant
at MADIWALA LAKE under the KARNATAKA LAKE CONSERVATION AND DEVELOPMENT
AUTHORITY PROJECT MADIWALA LAKE BIO-DIVERSITY PARK under Contract should be designed and
executed by the Contractor, and has accepted a Bid by the Contractor for the design, execution and completion
of such Works and the remedying of any defects there in.
TheEmployerandtheContractoragreeasfollows:
1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to
them in the Conditions of Contract hereinafter referred to.
2. The following documents shall be deemed to form and be read and construed as part of this
Agreement:
(a) The Contract Agreement ( including addenda, clarifications when signed by all parties
concerned)
(b) the Letter of Acceptance
(c) Volume1,Section2–PartI:General Conditions
(d) Volume2-Employer's Requirements
(e) The accepted Price Proposal and Appendix to Tender
(f) Volume 4 -Drawings
(g) Completed Technical Schedules
(h) Bidder’s Technical Proposal other than Completed Technical Schedules
(i) Standard Basic Specifications
(j) Any other documents issued by the Employer before signing the Contract Agreement and
forming the part of the Contract
3. In consideration the payments to be made by the Employer to the Contractor as hereinafter mentioned,
the Contractor hereby covenants with the Employer to design, execute and complete the Works and
remedy any defects therein and operate and maintain the constructed facility, inconformity in all
respects with the provisions of the Contract.
4. The Employer hereby covenants to pay the Contractor, in consideration of the design, execution and
completion of the Works and the remedying of defects therein and operate and maintain, the
Constructed facility, the Contract Price INR ……………. (In Words
) or such other sum as may become payable under the provisions of the
Contract at the times and in the manner prescribed by the Contract.
In Witness where of the parties here to have caused this Agreement to be executed the day and year first before
written in accordance with their respective laws.
Authorized signature of Contractor Authorized signature of Employer
SEAL (ifany) SEAL (ifany)
in thepresenceof: in the presenceof:
Name Name
Signature Signature
Address Address
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY
Upgradation of Sewage Treatment Plant at Madiwala Lake
Volume1–GeneralRequirements
Section 8: SampleForms Page 8 of10 Biddocument
FORM OF PERFORMANCE SECURITY FOR WORKS CONTRACT PERIOD
(BANK GUARANTEE) To: KARNATAKA LAKE CONSERVATION AND DEVELOPMENT AUTHORITY
Represented by
CHIEF EXECUTIVE OFFICER
KARNATAKA LAKE CONSERVATION AND DEVELOPMENT AUTHORITY ,
No.49, Parisara Bhavan, 2nd Floor, Church Street ,
Bangalore -560001. Karnataka, INDIA
WHEREAS [name and address of Contractor] (herein after called
"the Contractor") has undertaken, in pursuance of Contract) ,dated 2016 to
execute the Up-gradation of 4MLD Sewage Treatment Plant at MADIWALA LAKE under the
KARNATAKA LAKE CONSERVATION AND DEVELOPMENT AUTHORITY PROJECT
MADIWALA LAKE BIO DIVERSITY PARK (herein after called "the Contract");
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified( ie two Bank Guarantees, each
of 5% accepted works contract price) therein as security for compliance with his obligation in
accordance with the Contract;
ANDWHEREAS we have agreed to give the Contractor such a Bank Guarantee;
NOWTHEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of
the Contractor, up to a total of [amount of Guarantee]1
[in words], such sum being payable in the Indian
Rupees in the amount specified in the Appendix to Tender , and we undertake to pay you, upon your
first written demand and without cavil or argument, any sum or sums within the limits of
[amount of Guarantee] as a foresaid without you
needing to prove or show grounds or reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Contractor before presenting
us with thedemand.
We further agree that no change or addition to or other modification of the terms of the Contract or of
the Works to be performed there under or of any of the Contract documents which may be made
between you and the Contract or shall in any way release us from any liability under this guarantee,
and we here by waive any right to receiving notice of any such change, addition or modification.
This guarantee shall be valid until the date of issue of the Works Contract Completion Certificate.
Yours truly,
Signature and seal of the Guarantor:
Name of Bank /Financial Institution:
Address:
Date:
1 An amount to be inserted by the Guarantor, representing 10% of the Accepted Works Contract Price and denominated in Indian Rupees as specified in the Contract.
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY
Upgradation of Sewage Treatment Plant at Madiwala Lake
Volume1–GeneralRequirements
Section 8: SampleForms Page 9 of10 Biddocument
FORM OF PERFORMANCE SECURITY FOR OPERATION AND
MAINTENANCE PERIOD
(BANK GUARANTEE)
To: CHIEF EXECUTIVE OFFICER
KARNATAKA LAKE CONSERVATION AND DEVELOPMENT AUTHORITY ,
No.49, Parisara Bhavan, 2nd Floor, Church Street ,
Bangalore -560001. Karnataka, INDIA
WHEREAS [name and address of Contractor] (herein after called "the
Contractor") has undertaken, in pursuance of Contract No.( ),dated 2016 to
execute the Up-gradation of 4MLD Sewage Treatment Plant at MADIWALA LAKE under the
KARNATAKA LAKE CONSERVATION AND DEVELOPMENT AUTHORITY PROJECT
MADIWALA LAKE BIO DIVERSITY PARK (herein after called "the Contract");
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with his obligation in accordance with the Contract;
AND WHERE AS we have agreed to give the Contractor such a Bank Guarantee;
NOW THEREFORE we here by affirm that we are the Guarantor and responsible to you, on behalf
of the Contractor, up to a total of [amount of Guarantee]1
[in words], such sum being payable in the Indian
Rupees in the amount specified in the Appendix to Tender , and we undertake to pay you, upon your
first written demand and without cavil or argument, any sum or sums within the limits of
[amount of Guarantee] as aforesaid without you
needing to prove or to show grounds or reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Contractor before presenting
us with thedemand.
We further agree that no change or addition to or other modification of the terms of the Contract or of
the Works to be performed there under or of any of the Contract documents which may be made
between you and the Contractor shall in any way release us from any liability under this guarantee,
and we hereby waive any right to receiving notice of any such change, addition or modification.
This guarantee shall be valid until the date of issue of the Final Contract Completion Certificate
Yours truly,
Signature and seal of the Guarantor:
NameofBank/FinancialInstitution:
Address:
Date:
1 An amount to be inserted by the Guarantor, representing 15% of the Accepted “O &M Contract Price” and
denominated in Indian Rupees as specified in the Contract.
KARNATAKA LAKE CONSERVATION & DEVELOPMENT AUTHORITY
Upgradation of Sewage Treatment Plant at Madiwala Lake
Volume1–GeneralRequirements
Section 8: SampleForms Page 10 of10 Biddocument
FORM OF ADVANCE PAYMENT
SECURITY (BANK GUARANTEE)
To: KARNATAKA LAKE CONSERVATION
AND DEVELOPMENT AUTHORITY
Represented by
CHIEF EXECUTIVE OFFICER
KARNATAKA LAKE CONSERVATION AND DEVELOPMENT AUTHORITY ,
No.49, Parisara Bhavan, 2nd Floor, Church Street ,
Bangalore -560001. Karnataka, INDIA
Ref: KARNATAKA LAKE CONSERVATION AND DEVELOPMENT AUTHORITY PROJECT
MADIWALA LAKE BIO DIVERSITY PARK – Upgradation of 4 MLD Sewage Treatment Plant
at MADIWALA LAKE Contract No.( ),dated ,2016
Gentlemen:
In accordance with the provisions of the Conditions of Contract, Sub-Clause 14.2 ("Advance
Payment")1
of the above mentioned Contract, [name and address of
Contractor] (hereinafter called "the Contractor") shall deposit with the Office of The CHIEF
EXECUTIVE OFFICER, KARNATAKA LAKE CONSERVATION AND DEVELOPMENT AUTHORITY, No.49, Parisara Bhavan, 2nd Floor, Church Street, Bangalore -560001. Karnataka, INDIA, a bank guarantee to guarantee his proper and faithful performance under the said Clause of the Contract in an
amount of [amount of Guarantee]2
[in words].
We, the [Bank or financial institution], as instructed by the Contractor,
agree unconditionally and irrevocably to guarantee as primary obligatory and not as Surety merely, the
payment to CHIEF EXECUTIVE OFFICER ,KARNATAKA LAKE CONSERVATION AND
DEVELOPMENT AUTHORITY, on its first demand without whatsoever right of objection on our part
and without its first claim to the Contractor, in the amount not exceeding
[amount of Guarantee] [in words].
We further agree that no change or addition to or other modification of the terms of the Contract or of
the Works to be performed thereunder or of any of the Contract documents which may be made
between KARNATAKA LAKE CONSERVATION AND DEVELOPMENT AUTHORITY,
represented by the CHIEF EXECUTIVE OFFICER,KARNATAKA LAKE CONSERVATION AND
DEVELOPMENT AUTHORITY, and the Contractor shall in any way release us from any liability
under this guarantee, and we hereby waive notice of any such change, addition or modification.
This guarantee shall remain valid and in full effect from the date of the advance payment under the
Contract until the CHIEF EXECUTIVE OFFICER, KARNATAKA LAKE CONSERVATION
AND DEVELOPMENT AUTHORITY receives full repayment of the same amount from the
Contractor.
Yours truly,
Signature and seal of the Guarantor:
Name of Ban k/Financial Institution:
Address:
Date:
1 Replace the phrase “Sub-Clause 14.2, Advance Payment” with the phrase “Sub-Clause 14.4, Interim Valuation”
for Securities issued for the purposes of making advance payments. 2 An amount is to be inserted by the Bank or financial institution representing the amount of the Advance Payment and denominated in the currency (I e) of the Advance Payment as specified in the Contract.