KARNATAKA STATE MINERALS CORPORATION LIMITED

(A Govt of Karnataka Undertaking)

Regd.Office: TTMC, ‘A’ Block, 5th Floor, BMTC Building,
K.H. Road, Shanthinagar, Bengaluru – 560 027.
Fax: 080-22213172 Phone: 080-22278813/14/15/16
Website: www.ksmc.karnataka.gov.in [email protected]

NO.925/KSMCL/Desilting/Udupi/Chakra Dam/2020-21/2148 Date: 07.01.2021

e-TENDER INVITATION

Karnataka State Minerals Corporation Limited (KSMCL) invites e-Tender

Dredging/Desilting in Chakra Dam Submergence area Kundapura Taluk Udupi District as
per Karnataka New Sand Policy-2020 read with Karnataka Minor Minerals Concession
Rules, 1994 as amended upto 30.06.2020, and notification no.3227 Dated.28.12.2020
issued by the Deputy Commissioner, Udupi District

CALENDAR OF EVENTS:

a) Pre bid meeting: : Date 19.01.2021,

time 11:30 AM., Place
KSMCL Bangalore

b) Last date and time for submission of

Tender document : 08th FEB 2021 time 5.00 PM

c) Date and Time of opening of

Technical Bid: . 10th FEB 2021 at 11.00 AM

d) Earnest Money Deposit (EMD) : Rs.4,40,000/-

The Tender document can be downloaded from e-procurement website:

https://eproc.karnataka.gov.in. Interested tenderers are requested to register in the e-
procurement platform well in advance.

Contact e-procurement help desk: No.080-46010000/22631200 for any support in

uploading and registration.

Sd/-
GENERAL MANAGER (Sand)
Karnataka State Minerals Corporation Limited

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 INSTRUCTIONS TO TENDERER

Introduction

Sand is used as fine aggregate in mortars and concrete. River sand is a product of natural
weathering of rocks over a period of millions of years. It is mined from the river beds.
River sand has become scarce commodity now. In recent years due to rapid urbanization
and development has led to increase in demand of river sand as a source of construction
material.

Considering the Geographical, Geological and administrative background in the State of

Karnataka, and to procure sand, on need and demand basis for the purpose of various
construction work of Governmental and public importance, and in order to procure sand
at a reasonable and affordable price and to quarry the sand scientifically and in to avoid
adverse impact on environment, the Government of Karnataka had issued New Sand
Policy 2020 and has duly amended KMMCR 1994.

The Government of Karnataka has authorized Karnataka State Minerals Corporation

Limited (KSMCL) as the Competent Authority with regard to carry on Sand Extraction
vide notification no.3227 Dated.28.12.2020 issued by the Deputy Commissioner, Udupi
District.

Karnataka State Minerals Corporation Limited (KSMCL), erstwhile Mysore Minerals

Limited is a company incorporated under the Companies Act, 1956, fully owned by
Government of Karnataka was established in the year 1966.

The company is into extract of minerals resources including exploration, production and
Marketing of various minerals and ornamental stones in the state of Karnataka. Now the
company is carrying on the extraction of sand from river barrages, reservoir backwater as
per the sand allotment made by the respective District Sand Committees in accordance
with e-Karnataka New Sand Policy 2020 vide Govt notification No CI 344 MMN 2019
dated 18/5/2020. Hence this tender is invited for selection of agencies for carrying out
designated work.

Karnataka State Minerals Corporation Limited represented by its General Manger

(Sand) invites e-Tender selection of Contractor / agency for Dredging/ Desilting in
Bantwal Dam Submergence area Bynduru, Kundapura Taluk Udupi District. as per
Karnataka New Sand Policy-2020 and notificationno.3227 Dated.28.12.2020 issued by
the Deputy Commissioner, Udupi District.

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 1. Location : Dredging/Desilting in Chakra Dam Submergence area

Silt Co-ordinates Approximate

Sl Dam/ Quantity
extracted
.N Sy.No/ (MT)
from
o Area
village Lattitude Longitude

Chakra N 130 41’ 25.9” E 740 41’ 39.3”

Hakladi
Dam N 130 41’ 30.7” E 740 41’ 37.0” 96,121
1 Hemmadi
Sy.No-120 N 130 41’ 34.0” E 740 42’ 01.7”
Cutbeltadi
17.60 Acre N 130 41’ 32.4” E 740 42’ 02.3”

Sl. Name of Work Approximate EMD (Rs. in Period of

No value of lakhs) completion
work(Rs. In
lakhs)
1 Dredging/ Desilting in 01 year (
Chakra Dam Submergence 293 4.40 Including
area Rainy
Season)

a. The tenderer shall assess the quantum and nature of work, and are suggested to
inspect the site before quoting their offer.

b. No disputes will be entertained regarding extent of area and actual sand deposit.

c. The anticipated bidder may contact the following officers for any additional
information.

1. Dr.Nandan Kumar.J.V . General Manager (Sand) Mob.98451 43064

2. Rajashekar. H.Bullapur. Dy.General Manager(mkt) Mob.78925 89923
3. Lokesh. Sr.Geologist/ Nodal Officer Mob.94487 34922

2. SCOPE OF WORK

The successful bidder (hereinafter referred to as contractor) shall carry out the
following;

a. The contractor shall deploy required machinery and vehicles along with
Electronic Weigh Bridge with a capacity of 40 Metric tonne and above ,
required operating crew/manpower for mining of targeted quantity in specified

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 places / designated locations.(The successful Tender has to install weigh
Bridge along with other required machineries )

b. Removal of over burden / Silt and intra over burden etc.,

c. Extraction of sand from desilting designed area

d. Screening at river bed if necessary (Final product of the sand shall be -5mm to
-8mm.)

e. Contractor shall make his own arrangement of stock yard through purchase/
hire/ lease land area of around 3 acres with fencing and suitable gates for
inward and outward.

f. Contractor shall deploy suitable shed for monitoring and administration at

stock yard.

g. Illumination of area and dust suppression required for both stock yard and
workspot.

h. Transportation of Sand from excavated area/Quarry to stock Yard.

i. Loading of Sand to the Customer vehicle at stock yard with required number
of loaders.

J. Contractor shall Maintain Road from the quarrying area up to stock yard in
Proper condition at his own risk & cost. It is also the responsibility of the
Successful bidder to maintain road leading from stock yard to nearest public
Road.

k. Contractor shall install the required CC camera along with maintenance.

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 3. MINIMUM REQUIREMENT OF EQUIPMENTS/ VEHICLES

(Applications shall indicate the make, year of manufacture, capacity and working
conditions of each of the equipments along with RC issued by R.T.O/Sale deed/purchase
invoice, hire /lease agreements) shall be furnished.

Sl. Particulars Minimum Quantity

N number of
o equipment
required
for this
project
1 Cutter suction Dredger/Grab Dredger.Back-Hoe 04 No’s 50% owned and hired
Dredge or Boat mounted dredging equipment. /leased

3 Excavator 02 No’s
50% owned and hired
/leased
4 Tippers 04 No’s 50% owned and hired
/leased
Note: The tenderer shall also deploy any additional machinery required for scientific and
systemic excavation of sand and also to enhance the production upto the consent quantity
depending upon the market demand.

4. ELIGIBILITY CRITERIA

(a) Bidder may be an Indian Individual/ partnership / Proprietorship firm or Private /

Public Company. The company/ partnership firm or any body corporate which are
either incorporated in nations which are sharing boarders with India or is directly
or indirectly held by shareholders whose nationality is that of the nations which
are sharing boarders with India shall not be eligible to participate in the bidding.
Further even the individuals whose nationality is those of nations which are
sharing boarders with India shall not be eligible to participate in the bidding. -

(b) The Bidder should be a Mining / Excavating contractor with minimum of 3 years
experience in Material excavation from mine and should have excavated (should
have excavated at least 80% of specified annual production in any one of the
preceding three years and an average excavation capacity of not less than 50% of
the specified annual production in preceding three years) of sand/material like
building stone, coal, iron ore, limestone etc during last 3 years / Civil Contractor
with class II and above PWD License holder.

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(a) Minimum turnover should be 5.90 Crores during any one of the financial year
during the period between 2016-17, 2017-18 and 2018-19.

5. INSPECTION OF DESILTING AREA AT CHAKRA DAM:

a) The bidder shall inspect the sand blocks before submission of the tender and shall
satisfy themselves of prevailing operational conditions before submission of bids,
any objections raised subsequently shall not be entertained.

b) All the bids shall be construed and pursued on as is where is basis.

c) The Tenderer at their own responsibility, cost and risk shall make field visit to
Mines and its surroundings to ascertain the field conditions before quoting the
bid. Disputes in this regard will not be entertained at a later date.
d) The Tenderer, shall bear all costs associated with the preparation and submission
of Bid and KSMCL will not be responsible or liable for any claim for any reason,
including cancellation of tender at any point in time.
6. PROCESSING FEE AND EARNED MONEY DEPOSIT(EMD)
a) Processing & any other Government prescribed fee as fixed by the e-procurement
portal, CEG, GOK and prescribed EMD should be paid by the tenderer through e-
procurement platform, GoK in any of the e-payment modes– Credit/Debit card,
NEFT/RTGS, OTC/ digital wallet.
b) EMD shall be paid as the detailed below.

S
Quantity to
l.
Item Description be executed EMD IN Rs.
N
in MT
o
Dredging or Desilting in
01 96,121 4,40,000/-
Chakra Dam

c) As per the procedure of e-procurement portal, CEG, GOK, refund of EMD to

the unsuccessful bidder will be done after the e -tender process is completed.

d) No interest shall be paid on the EMD.

e) EMD of the successful tenderer will be converted as Security Deposit (SD).

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 7. PRE BID MEETING
e) A pre bid meeting will be held on dated. 19.01.2021 at 11:30 AM. time at the
Registered office of KSMCL situated at “A” Block, 5th Floor, TTMC Building,
BMTC, Shanthinagar, Bangalore-560027. Any clarifications required shall be
discussed and suitable corrigendum if required shall be issued on the e-portal.

8. UPLOADING OF DOCUMENTS FOR TECHNICAL BID.

Tenderer shall upload the following documents as part of technical bid.

a. Tenderer details in Annexure-1 duly filled and signed.

b. Status of the firm.

i. Individual / proprietary - Firm registration certificate/GST

in the name of the Individual / proprietary
/ firm.

ii. Partnership firm - Partnership deed of the firm

iii. Private / Public Limited - Incorporation certificates/memorandum

Company of articles and association and Board
resolution And MCA status
c. Copy of PAN and GST certificate

d. Audited balance sheet and profit and loss statement of the firm certified by
chartered Accountant for having turnover not less than Rs.5.90 Crores per annum
for any one of the financial year during the period between 2016-17, 2017-18 and
2018-19.

e. Proof of experience certificate in sand / Material mining for not less than 3 Years
in the form of job/work order along with successful execution
certificate/performance certificate. . If the bidder himself is the quarry Owner, he
shall submit copy of the annual returns submitted to DMG as a proof of work
experience.

f. Complete relevant details of each machinery proposed to be deployed with full

specification, registration number and invoice copies / RC book of that equipment
to demonstrate ownership / lease / date of manufacture / agreements with
documents as specified in Sl no 3.

g. Copy of income tax returns filed along with Assessment Order of previous 3 years
Assessment / financial year.(2016-17,2017-18 and 2018-19)

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h. Self declaration of Tenderer’s stating that the firm is not blacklisted by PSU /
Government bodies. Any wrong declaration will make the tenderer to be
criminally prosecuted.

i. Copy of GST clearance certificate from competent authority

9. SUBMISSION OF ORIGINAL DOCUMENTS FOR VERIFICATION

The Tenderer shall submit uploaded documents in original, in case needed for
verification by KSMCL, at the office of KSMCL situated at “A” Block, 5th Floor,
TTMC Building, BMTC, Shanthinagar, Bangalore-560027. To assist in the
examination and comparison of bids, KSMCL may, at its discretion, seek any
clarification of this Tender from the tenderer.

In case of any clarification regarding the documents submitted on e procurement

portal, documents which are historical in nature and which do not have impact on
the financial bid could be called to be submitted by the bidder.

10. FINANCIAL BID

a) The rate should be quoted through e-Procurement Portal only.

b) The rate shall be quoted per tonne basis in Indian Rupees.

c) The financial bid will be opened only after complete evaluation process of
technical bid documents by the specified tender scrutiny committee.

d) The Financial bid of the technically qualified bids only will be opened.

e) The rate quoted shall be inclusive of cost for the stock yard and approach road &
any development work / operational / maintenance / repair charges and the
services of the personnel to operate/ Supervise / maintain all equipment’s used for
extraction of sand. The rate shall also inclusive of any development work for
removal of silt, screening if any, transportation of sand to the stock yard, loading
of sand into trucks after sale and maintenance of road and per the scope of work.

f) The rates quoted in financial bid shall be inclusive of all applicable taxes and
levies exclusive of GST. TDS as applicable will be deducted from the running
bills.
g) Financial bid shall specify the amount both in figures and words. If any variation
among bid amount specified in the figure and words, lower of the two will be
considered.

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h) Bids shall be valid for not less than 180 days from the date of opening of Financial
Bid and shall not be withdrawn before that date. In case of any default in this
regard, EMD shall be forfeited.

i) KSMCL, may extend the validity period beyond 180 days with consent.

11. EVALUATION OF BIDS

Successful Tenderer will be decided as under:

a) Financial bid will be opened only if the Tenderer qualifies the tender conditions
laid down in the TECHNICAL BID.

b) In case, two or more Tenderers quote same rate and thereby emerge as lowest
bidders then such Tenderers shall be called upon to quote through sealed cover, a
lower rate lesser than the lowest quoted in the tender will be considered. If any of
the tenderers refuse to participate, bid will be finalized among the participating
tenderers having agreed to quote revised lower rate. Except for the successful
bidder all other publications of the bidders shall be deemed to have been rejected.

c) If the successful L-1 bidder does not accept to take up the work for any region , L-
2 bidder may be called for accepting tender at L-1 rate and the L-1 bidder EMD
forfeited.

d) If for any reason, rates quoted in the tender fall short of KSMCL expectations,
whether documented or not, may refuse to accept the offers.
e) KSMCL reserves the right to negotiate with successful tenderer regarding price,
terms and conditions in the best interest of the Company and the tender accepting
authority decision will be final and binding on such bidders.

f) A provisional acceptance letter shall be issued to the successful bidder by

KSMCL.

12. AWARD OF CONTRACT

a) Tenderer emerging as lowest shall be issued a Letter of Intent (LoI) and will be
given 15 working days time from the date of receipt of LoI to accept the same.

b) Before issuing the work order Successful Tenderer has to submit the stock yard
agreement along with acceptance letter.

c) Contract / Agreement shall be entered with each successful tenderer defining the
terms governing the scope of work and other terms and conditions.

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d) In case, letter of consent accepting the offer is not received within the
aforementioned period of 15 working days, the LoI stands withdrawn and
cancelled and EMD of the successful bidder will be forfeited.

e) Successful tenderer shall enter into a Contract / Agreement with KSMCL for a
period from the date of signing the agreement tosuccessful bidder within 15
working days from the date of acceptance of LoI and payment of security deposit.

f) Even though the bidder meets the qualifying criteria, bidder and its bid is liable to
be disqualified if bidder has made misleading / false representations / suppressing
the information in the forms, statements and attachments submitted in proof of the
qualification requirements; and/or record of poor performance such as abandoning
the works, not properly completing the contract, inordinate delays in completion,
litigation history, or financial failures etc.

13. SECURITY DEPOSIT

a) The Successful tenderer shall deposit an amount equivalent to 5% of the value of

contract work order for two year as Security deposit (SD) along with the letter of
consent.
b) EMD amount paid by the successful tenderer shall be adjusted against the Security
Deposit (SD). The difference of amount of Security Deposit shall be paid /
deposited in the form of DD or through RTGS/NEFT to KSMCL before signing
of the agreement.

c) In case of breach of contract, Security Deposit shall be forfeited.

d) In case of violations of any Act, policies of enforcing agencies of Government or

litigation, or if KSMCL is held liable to pay any claim for losses, damages, etc.,
on account of negligence, deficiency in skill or care in the performance of duties
by Contractor, the expenses incurred for rectifying such violations or incurred in
payment against such claims and for such litigation, will be recovered from
Contractor directly or from bills payable or in any other manner, including
forfeiture of Security Deposit.

e) The Security deposit will be held by the company until 3 months after the
completion of the work and the same would be refundable to the contractor, only
after adjusting the amounts that may be due to the company from the contractor.

f) Security Deposit will not carry any interest.

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14. CONTRACT TENURE:

The period of contract is for 1 year (including Rainy Season) from date of issue of
work order
OR
Tenure may end if the entire quantity is excavated within one year, whichever is
earlier

15. TRANSFER OF LEASE

Transfer of the sand quarry lease or sub lease is prohibited.

16. GESTATION PERIOD

a) Gestation period of 15 days will be provided to the Contractor from the date of
work order to mobilize resources.

b) Production / Performance targets will not be insisted / enforced during the

Gestation period. However, the target quantity for the financial period will have to
be achieved as per the approved EC quantity.

c) The maximum contract period specified above is inclusive of the gestation period.
There shall be no gestation period allowed on any extension periods awarded.

d) In the event Contractor succeeds in execution of contract and produces during the
Gestation period, the production so achieved shall be taken into account for
evaluation of performance of the Contractor.

17. GENERAL TERMS AND CONDITIONS

a) The Contractor shall formulate Standard Operating procedure (SOP) for the
management of the quarrying activities. The copy of the same shall be submitted
to KSMCL for approval.

b) Machineries shall be operated by experienced operators with valid driving /

operating license wherever necessary and the copies of the same shall be handed
over to the designated officer from KSMCL for verification.

c) Contractor shall have to obtain all necessary & Statutory clearances/certifications

from authorities such as RTO, RLC, EPF, Electrical inspectorate etc., where ever
necessary for deployment of their men and machinery at the working site
d) Vehicles used at the quarry site and stock yard should be equipped with GPS at
Contractor’s cost. These Vehicles should also have fitness certificate issued by the
concerned RTO.

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e) GPS installed in the vehicles must be of standard make & compatible with the
software applications proposed.

f) The Vehicle fitted with GPS should operate only over the designated routes.

g) Overall deployment of Machineries shall be as per the instruction of designated

officer from KSMCL

h) The Contractor shall also insure the machinery, and persons employed in the
quarrying activities duly insured. The copies of the insurance policy shall be
submitted to KSMCL upon execution of the Lease.

i) The Contractor shall maintain a daily log book of the equipment / vehicle
deployed, with the opening and closing hour meter / kilometer readings in
presence of KSMCL representative and duly signed by him. The copy of the log
book shall be enclosed for the record of KSMCL.(the format will be provided by
KSMCL)

j) The Contractor shall make their own arrangements for power required (if any) for
the equipments / repair shops.

k) The Contractor must ensure the perfect workable condition of each Vehicle to be
deployed, such vehicle shall not be older than 10 years as on 30.11.2020.
Contractor shall submit invoice copies or other documents to the designated
officer from KSMCL to ascertain the age / model of the vehicle.

l) In case of breakdown of any machinery/vehicle the same shall be replaced within

24 hours & there by ensure that the production activities are not hampered.

m) Mobilization of men and vehicles to the site will be the sole responsibility of the
Contractor.

n) The successful bidder shall nominate an authorized representative and in all

matters of day to day commercial interaction and KSMCL would only deal with
the authorized representative and would not deal with any other person.

o) All the vehicle shall be insured and the insurance shall be in force all the time
during the contract period at the cost of the successful bidder. In case of any
accidents to the vehicle inside or outside the quarry, all the legal formalities for
getting any type of claims or for payment of claims are to be arranged by the
Contractor only at his own cost. The copies of the insurance policy shall be
submitted to KSMCL upon execution of the Lease.

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p) If the Contractor is involved in any litigation, the same must be disclosed and
made known to KSMCL. Further, as a result of any such litigation, the extraction
work should not be discontinued, stoppage of work will be a reason for
disqualification.

q) The Contractor shall be solely responsible for any accident to / by the equipment /
vehicledeployed or any accident to any personnel or the staff or workers deployed
or of KSMCL or any others during the operation of the contract. All the claims or
compensation towards such accident shall be settled by the Contractor. KSMCL
shall not be responsible for any such compensation/claims.

r) Operation shall be as per Government Guidelines or as instructed by KSMCL

from time to time for all the excavating related activities on all working days.

s) The target should be achieved within the stipulated period.

t) The successful bidder should assure that the tipper driver is having authorized
heavy vehicle driving license from Regional Transport Officer

u) KSMCL is not responsible for any accidents/issues during the contract period.
v) KSMCL shall obtain all necessary statutory clearances for operation of Sand
quarrying.

w) The Contractor is solely responsible for dust suppression and other environmental
protection requirement and amenities.

x) Any local issues should be handled by the Contractor.

Y) The successful Tender has to follow the rules prescribed in the KMMCR rules-
1994.

18. PAYMENT TERMS AND CONDITIONS

a) Payment will be released from Head Office, KSMCL,Bengaluru.

b) The Contractor shall forward his bills for the work performed during the month
with in five working days of subsequent month, to the Paying Authority with due
certification and recommendations by the site in charge of KSMCL.

c) All the applicable cess and taxes imposed for the service provided by any
statutory or public body / authority and variations if any, shall be to the account of
the Contractor during the contract period except applicable GST.

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d) The Contractor is not entitled to claim any compensation for the loss suffered by
him on account of delay caused for reasons beyond the control of the company

e) Sand produced shall be duly weighed in the weigh bridge installed at Stock yard.
The weighment records of Sand shall be certified by the site in charge /
Authorized person of KSMCL on day to day basis. The installed weight bridge
shall be calibrated periodically by competent authority.

f) Bills should be submitted in the first week of subsequent month for the actual
quantity weighed on extraction.

g) Payment shall be released only for the quantity produced in the respective month
as follows.

Initial payment Final payment

70% of wet sand weighed,considering Remaining 30 % after sale of sand
the weighed quantity in wet condition (on actual weighment against sale)
after extraction from river bed

19. CONTRACT RATES:

The contract rate will be same without any change during the entire period of
contract.

20. ANNUAL TARGET:

The production quantity is only indicative/tentative and KSMCL reserves the right
to increase or decrease annual quantity in an operating year by giving at least 15
days prior notice in writing. The successful bidder will not be entitled to any
compensation or indemnity on account of increase or decrease in the quantity.
The successful bidder shall agree for all the terms and conditions.
21. REVIEW OF PRODUCTION:

The KSMCL shall review the production on a monthly basis.

22. PENALTY:
a. The monthly targets will be reviewed every month. If the successful bidder fails to
achieve the monthly target, the shortfall shall be achieved in the subsequent
month.

b. If the successful bidder fails to achieve the shortfall production within the
prescribed timeline as mentioned in Tender Document, penalty at the rate of 20%
of the contract rate will be levied by KSMCL for each tone of shortfall quantity.

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c. Aforementioned will be recovered by the company from the contractor either
directly or by deducting such amounts from running bills or from the security
deposit at the sole discretion of the company. In the event of such deduction the
company shall inform the successful bidder regarding the same in writing

23. TERMINATION OF AGREEMENT

a) Continuous non availability, poor performance of the equipment / vehicle will

attract termination of contract and forfeiture of Security Deposit by issuing one
month notice by KSMCL.

b) The contract may be terminated if the Contractor is rendered incapable of

performing any or all of the terms of the contract for any reason, including for
reason of operation of law.

c) If the Contractor fail to extract the sand continuously for period of more than one
month other than the circumstances prevailed under force majeure the contract
shall stand terminated.
d) If any of KSMCL’s property is stolen/ damaged on account of rash/negligent
handling or mischief of crew engaged by the Contractor, the contract is liable for
immediate termination at the risk and cost of the Contractor and is not eligible for
any claim/compensation.

e) Observations of violation of laws / restrictions levied by the enforcing agencies

including alleged illegal mining activities by any contractor, if leads to suspension
of operations beyond one year or levy of any penalty, then the Agreement shall
stand terminated forthwith upon occurrence of such event. All the expenses
incurred for rectifying such irregularities including such penalties shall be
recovered from the payables and SD shall be forfeited.

f) Repeated / purposeful non synchronization with fellow contractors in performing

the contract for achieving the target production would attract severe actions
leading to termination.

g) Breach of contract, not reaching targeted production, non performance / un

satisfactory performance, violation of laws or restrictions levied by the enforcing
agencies and failure to comply with the terms and conditions stipulated in the
respective agreement, will lead to termination of Agreement and KSMCL will
have the right to entrust the contract for the balance period in the agreement to any
other third party, ‘at the cost and risk’ of the Contractor.

h) In case of cancellation of the agreement due to the contractor’s failure to

undertake the works as per directives of the designated officer from KSMCL or to

15
 complete the work as per the terms of agreement, the amount due to him on
account of work executed by him, if payable, shall be paid to him, only after due
recoveries, as per the provision of contract and only after alternative arrangement
to complete the work have been made at the risk and cost of the contractor and
the security deposit of the contractor shall be forfeited.

i) Unless where the termination is automatic, termination of the agreement for

reason of breach shall take effect forthwith upon receipt of such communication
by the contractor.

j) In case, the contractor wish to terminate the contract during its validity which does
not comes under force majeure conditions, pre matured termination leads to levy
of penalty as decided by KSMCL and also claim damages.

24. OBLIGATIONS OF THE CONTRACTOR

a) The Contractor is directly responsible and liable for payment of minimum wages
and other obligations such as medical claims, PF and compensations under
Workman Compensation Act and Rules made there under, P.F Act / Rules,
Minimum Wages Act & Payment of Bonus Act, Industrial Dispute Act 1947,
Contract Labour (Regulation & Abolition) Act 1970, and any other labour
legislation, for the persons engaged by him.

b) The Contractor shall obtain required license under contract labour [Regulation and
Abolition] Act 1970 and Rules made there under.

c) The Contractor has to make his own arrangements for transportation of their
manpower to site and back.

d) All the required Medical facilities shall be provided to the personnel deployed by
Contractor for operation and maintenance of equipment /vehicle.

e) The Contractor shall maintain all the records as required by PF Statutory

authorities and submit necessary returns as per the provisions of the Act.

f) No personnel below 18 years shall be deployed at the mine.

g) The Contractor shall be responsible for complying with all labour legislations.

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25. SPECIAL CONDITIONS

a. Each successful bidder shall nominate an Authorized Representative and in all

matters of day to day commercial interaction and KSMCL would only deal
with the authorized representative and would not deal with any other person/s.
b. It is also not an agreement to make any arrangement or a contract or
understanding whereby KSMCL may directly be financed to a substantial
extent by / or under these operations or KSMCL may directly be financed to a
substantial by the Contractor.
c. Contractor will have no right on the mineral issued by KSMCL for
transportation.
d. The ownership of mineral will always belongs to KSMCL only and the
Contractor will be paid only charges as agreed as per tender Terms &
Conditions detailed herein on agreed terms for the scope of work called for by
KSMCL and duly discharges by Contractor. Contractor shall have no right or
interest or any claim in any manner whatsoever against KSMCL or in the
leasehold rights of KSMCL.

26. STATUTORY OBLIGATIONS:

a) The contractor shall also comply with the provisions of

(i) Karnataka Minor Minerals Concession Rules, 1994

(ii) MM (D and R) Act 1957
(iii) Environmental Protection Act 1986
(iv) All labor laws including Contract (Labour Regulation and Obligation) Act
1971 and Rules
(v) Workmen Compensation Act and Rules
(vi) Minimum Wages Act and Rules,
(vii) Employees Provident fund and Miscellaneous Rules and other statutory
rules governing the service conditions and safety of the workers engaged
in the quarrying activities
(viii) New GoK Sand Policy 2020
(ix) Motor Vehicles Act 2019
(x) Public Liability Insurance Act, 1991,
(xi) Child Labour (Prohibition And Regulation) Act, 1986

27. INDEMNITY
The Successful bidder/ Contractor, hereby agrees and undertakes, to indemnify,
KSMCL against any action or proceeding, cost or claim, loss or damage, that may
arise against KSMCL, as a result of their failure to;

 comply with various statutory requirements,

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  make any payments,
 discharge any of liabilities / obligations,
 Any act of commission / omission in the matters.

28. FORCE MAJEURE CLAUSE

a) In case, the contract is to be cancelled / terminated for any reason arising out of
the law governing the Contract Labour Regulation and Abolition Act, or any other
law or for any reasons like war, hostility, military operation of any character, civil
commotions, sabotage, quarantine restriction, acts of Government embargo’s and
local issues, which are beyond the control of either party, then notice of the
happening of any such eventuality is to be given by either party to the other within
15 days from the date of occurrence along with notice of termination. Neither
party shall have any claim for damage/s against the other in respect of non-
performance or delay in performance due to force majeure.

b) If the work cannot be executed under the period of contract due to quarantine
restrictions, Governmental regulations, law and order and other proclamations
etc., or any other happening including judicial, executive or administrative orders
of Competent Authority or local issues which are beyond the control of either
party, after getting relief from such orders the contract may be extended by
KSMCL for non working period subject to subsequent years of the lease period
under the same terms & Conditions of the prevailing agreement period. The
contract shall not be extended beyond three years from the date of initial
agreement including the extended period. However, the decision of KSMCL to
whether or not to extend the time period as above shall be final and conclusive.

c) Production target will be proportionately reduced for non working period under
“force majeure”.

29. ARBITRATION

Any dispute or difference or claim arising out of, or in connection with, or relating
to the present contract or the breach, termination or invalidity thereof, shall be
referred and settled under the Arbitration Centre- Karnataka (Domestic &
International) Rules 2012, by one or more arbitrators appointed in accordance
with its rules. The place of Arbitration shall be at Arbitration Centre- Karnataka
Bangalore.

30. JURISDICTION.

The Courts situated within the city of Bangalore alone shall have jurisdiction to
decide all disputes and claims that may arise between the parties.

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31. ASSIGNMENT

The contract is not assignable on either side. Neither party shall at any time,
assign, transfer, sub-contract or deal in any other manner with all or any of its
rights or obligations under these Terms.

32. DISCRETION

Managing Director, KSMCL reserves the right of rejection of all or any of the
tenders without assigning any reason thereof. Managing Director, KSMCL
reserves the right to cancel the bid even after acceptance in case of any violation
of the terms and conditions or for any reasons.

33. PROTECTION OF ENVIRONMENT :

The Contractor shall take all reasonable steps to protect the environment on and
off the site and to avoid damage or nuisance to persons or to property of the
public or others resulting from pollution, noise or other causes arising as a
consequence of his methods of operation. During continuance of the contract, the
contractor shall abide at all times by all existing enactments on environmental
protection and rules made there under, regulations, notifications and bye-laws of
the state or central Government or local authorities and any other law, bye-law
,regulations that may be passed or notification that may be issued in this respect
in future by the state or Central Government or the local authority.

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 Annexure-I

(For Technical qualification,all fields are mandatory)

1 Name and full address of the

Firm.

2 Nature of firm (Individual,

Partnership, Private Company,
Public Limited Company,
PSUs etc.,
3 Phone :
Fax :
e- Mail, website :
4 Year of establishment in
Business
5 a) Name of the vehicle
owned with capacities and Name Make / Year Owned No. of
model. of the model of or hired Machinery
b) Name of the vehicle hired machine Mfg. / vehicle
/ leased with capacities and / vehicle
model.
Relevant documents to be
up loaded as a part of
technical bid.
The machinery details as
per the Format can be
prepared with separate
sheet and upload.
6 Annual turnover not less than 2016-17 2017-18 2018-19
Rs.5.90 Crores in any one
year from 2016-17 to 2018-19
upload relevant certificates
7 IT returns for any two years Yes / No
during last 3 years for
financial / assessment year
from 2017-18 to 2019-20.
8 PAN & GST Registration No. PAN :
GST No. :
9 Self declaration for not black
listed firm by any
Govt.organization
10 Name and address of the Name:
tender authorized Mob.no:
representative at site. Address:
11 Any other information

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 DECLARATION

I/ We do hereby declare the particulars furnished above are correct and I/We are
ready to furnish any other details and originals for verification as may be required by
Karnataka State Minerals Corporation Limited I/We also declare that, I/We shall abide by
the terms and conditions of the tender. I/We further undertake to excavate sand at
respective block if the contract is awarded.

PLACE: (SIGNATURE)
AUTHORIZED SIGNATORY
DATE :

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