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Indian Machine Tool Manufacturer's Association :PROJECT: PROPOSED CONSTRUCTION OF COMBINED SERVICE TRENCHES AT JANUARY 2015 CONSULTING ENGINEERS, ARCHITECTS AND PLANNER

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Page 1: Indian Machine Tool Manufacturer's · PDF fileIndian Machine Tool Manufacturer's Association PROJECTS & MAINTENANCE DEPARTMENT PROPOSED CONSTRUCTION OF COMBINED SERVICE TRENCHES

Indian Machine Tool Manufacturer's Association

:PROJECT:

PROPOSED CONSTRUCTION OF COMBINED SERVICE TRENCHES AT

JANUARY 2015

CONSULTING ENGINEERS, ARCHITECTS AND PLANNER

Page 2: Indian Machine Tool Manufacturer's · PDF fileIndian Machine Tool Manufacturer's Association PROJECTS & MAINTENANCE DEPARTMENT PROPOSED CONSTRUCTION OF COMBINED SERVICE TRENCHES

Indian Machine Tool Manufacturer's Association

PROJECTS & MAINTENANCE DEPARTMENT

PROPOSED CONSTRUCTION OF COMBINED SERVICE TRENCHES

TENDER DOCUMENT

Local Competitive Bidding

Page 3: Indian Machine Tool Manufacturer's · PDF fileIndian Machine Tool Manufacturer's Association PROJECTS & MAINTENANCE DEPARTMENT PROPOSED CONSTRUCTION OF COMBINED SERVICE TRENCHES

TENDER DOCUMENT

INDEX

CLAUSE NO. CONTENTS

VOLUME-1

1. INFORMATION TO BIDDER

2. NOTICE INVITING TENDER

3. LETTER OF TENDER

4. ELIGIBL ITY CRITERIA

5. STIPULATED BASIC PRICE & MAKE

VOLUME-2

1. SPECIAL CONDITIONS OF CONTRACT

2. GENERAL CONDITIONS OF CONTRACT

3. TECHNICAL SPECIFICATION

VOLUME-3

1. TENDER DRAWINGS

2. BILL OF QUANTITIES

Page 4: Indian Machine Tool Manufacturer's · PDF fileIndian Machine Tool Manufacturer's Association PROJECTS & MAINTENANCE DEPARTMENT PROPOSED CONSTRUCTION OF COMBINED SERVICE TRENCHES

VOLUME-1

Page 5: Indian Machine Tool Manufacturer's · PDF fileIndian Machine Tool Manufacturer's Association PROJECTS & MAINTENANCE DEPARTMENT PROPOSED CONSTRUCTION OF COMBINED SERVICE TRENCHES

INDIAN MACHINE TOOL MANUFACTURERS’ ASSOCIATION

PROJECT S & MAINTENANCE DEPARTMENT

Local Competitive Bidding

INFERMATION TO BIDDER

NAME OF WORK : PROPOSED CONSTRUCTION OF COMBINED SERVICE TRENCHES

DATE OF NOTIFICATION : 01/JANUARY/2015

LAST DATE OF ISSUE OF BLANK TENDER : 07/JANUARY/2015 DOCUMENT

DATE OF PREBID MEETING : 05/JANUARY/2015 at 11.30am

PLACE OF PRE BID MEETING : BIEC CAMPUS,10TH MILE,TUMKUR ROAD,MADAVARA POST, BANGALORE-562123 DATE OF RECIPT OF COMLETED TENDER : 10/JANUARY/2015 before 6.00pm DOCUMENT DATE OF OPENING OF FINANCIAL BID : 12/JANUARY/2015 at 11.30 am

PLACE OF ISSUE OF BLANKS TENDER : BIEC CAMPUS,10TH MILE,TUMKUR ROAD,MADAVARA POST, BANGALORE-562123 OR From the websi te www. imtma.in OFFICER INVITING TENDERS : The Director, M/s. IMTMA, Bangalore. For CONTRACTOR For IMTMA

AUTHORISED SIGNATORY AUTHORISED SIGNATORY

Page 6: Indian Machine Tool Manufacturer's · PDF fileIndian Machine Tool Manufacturer's Association PROJECTS & MAINTENANCE DEPARTMENT PROPOSED CONSTRUCTION OF COMBINED SERVICE TRENCHES

NOTICE INVITING TENDERS

Page 7: Indian Machine Tool Manufacturer's · PDF fileIndian Machine Tool Manufacturer's Association PROJECTS & MAINTENANCE DEPARTMENT PROPOSED CONSTRUCTION OF COMBINED SERVICE TRENCHES

NOTICE INVITING TENDER

REF: IMTMA/TD/08/ 2014- 15 DATE: 01/01/20 15 To

_____________________________

_____________________________

_____________________________

Dear Si r ,

SUBJECT: NOTICE INVITING TENDER

You are hereby invi ted to tender for the c ivi l & structure work of PROPOSED CONSTRUCTION OF

COMBINED SERVICE TRENCHES at BIEC campus.

1. Per iod of complet ion:

The work shal l be completed in all respects within 90 DAYS f rom the date of i ssue of LOI (Letter of Intent) in a manner in accordance with the schedule laid down in the documents.

2. Obtaining tender document: Soft copy of tender document consist ing of tender drawings, spec i f i cations and schedule of quanti t ies shal l be downloaded from the websi te www. imtma.in or f rom the office of

M/s. IMTMA- BIEC CAMPUS,10TH MILE,TUMKUR ROAD,MADAVARA POST, BANGALORE-562123., from 01S T JAN 2015 to 07T H JAN 2015 . Contact Person: Mr. Deepesh Kumar .H.N- Project manager.

3. Scope of work:

The scope of work under this tender i s br iefly as : CONSTRUCTION OF COMBINED SERVICE TRENCHES.

4. The tender for submission shal l contain the following documents:

a. Letter of tender . b. Proposed si te organisat ion with quali f i cat ions and exper iences of key persons to be deployed for the execution of work. c . Proposed deployment of plant & machinery, equipments and si te logist ics. d. Project schedule and method statement. e . L i st of nominated sub-contractors. f . L i st of sub-contractors. g . Qual i ty plan. h. EHS programme. i . Pr iced schedule of quanti ties (both hard & soft copy) . j . Tender drawings. Contd….

Page 8: Indian Machine Tool Manufacturer's · PDF fileIndian Machine Tool Manufacturer's Association PROJECTS & MAINTENANCE DEPARTMENT PROPOSED CONSTRUCTION OF COMBINED SERVICE TRENCHES

5. The tenderer shal l quote rates in figures. The amount for each i tem should be worked out and stated against the i tem. Item quoted rates a lso to be entered in the enc losed excel document.

6. The tender document should be signed on each page by the tenderer or his duly author ized representat ive. Tender document should be accompanied by a cert i fied true copy of an absolute power of attorney in favor of s ignatory to the documents.

7 . Any discrepancies, omissions, ambigui t ies or conf l i cts or any doubt as to thei r meaning in the

tender documents should be brought to the attention of M/s. MANYA associates wi thin

Two (2) days of i ssue of tender . Where information sought i s not c lear ly indicated or

spec i f ied M/s. MANYA associates wi l l i ssue a c lar i fying bullet in which wi l l become part of

the tender . M/s. MANYA associates wi l l not make any oral instruct ions.

8. Pre-bid meeting: A pre-bid meeting wi l l be held with al l the Bidders on 05 t h JAN 2015 at 11.3 0am in

BIEC CAMPUS,10TH MILE,TUMKUR ROAD,MADAVARA POST, BANGALORE-562123. . The Contracts, Consul tant s along with the Cl ients wi l l coordinate with the Bidders for the above said meeting. 9. Tender receipt:

The completed tender document in al l respects in the form of Hard copy and Soft copy shal l be received On 10 t h JAN 2015 before 6.00pm at the off ice of

M/s.MANYA associates ,#3 ,2n d F loor ,23 r d Cro ss,6 t h Main,Bana shankar i I I stage,

Bangalore-560070. OR

Sr i . Deepesh Kumar.H.N., Projects & Maintenance Department, BIEC Campus, 10TH Mile, Tumkur Road, Madavara Post, Bangalore-562123.

10. Tenders received after the above t ime and date, whether sent by post or del ivered in person

wi l l not be accepted.

11. Valid i ty :

The tender shal l be val id for 120 (One Twenty) days f rom the latest date of opening of tenders which inc ludes the opening date of revised quotes.

Yours fai thfully ,

For IMTMA Authorised Signatory

Page 9: Indian Machine Tool Manufacturer's · PDF fileIndian Machine Tool Manufacturer's Association PROJECTS & MAINTENANCE DEPARTMENT PROPOSED CONSTRUCTION OF COMBINED SERVICE TRENCHES

INDIAN MACHINE TOOL MANUFACTURERS’ ASSOCIATION

PROJECT MAINTENANCE DEPARTMENT

ELIGIBILITY CRITERIA

NOTE: From abov e l ist SL.NO.- 1,2,3,4,5 & 6 are compulsory requi rement f rom bidder. Other than these, for balance cr i ter ia any of four can be submi t ted by the bidder.

Sl. No. REQUIRMENT DOCUMENT TO BE SUBMITTED 1. Should have valid contractor license issued by government

body. Copy of Registration Certificate.

2. Certificate of Enrolment under KVAT/TIN Copy of Registration Certificate. 3. Certificate of Enrolment under Service Tax Copy of Registration Certificate. 4. Certificate of Enrolment under CST Copy of Registration Certificate. 5. Certificate of Enrolment under PF Enrollment number to be submitted. 6. Certificate of Enrolment under ESI Enrollment number to be submitted. 7. Income tax clearance certificate of three finical year

(Assessment year 2011-12 ,2012-13, 2013-14) Income tax clearance Certificate.

8. Sales Tax clearance certificate of three finical year (Assessment year 2011-12 ,2012-13, 2013-14)

Sales Tax clearance certificate. Form 53 to be enclosed.

9. Should have successfully completed at least one RCC retaining wall/compound wall/ multistoried building work costing not less 2 CRORE. from 1-4-2010 to 31-3-2014.

Certificate of completion issued owner/agency

10. Should have achieved a minimum annual Financial Turn over of Rs 2.00 Cr. ( Rupees Two Crores) at least in 1 finical year out of 5 financial years (2009-10,10-11,11-12,12-13,13-14)

Copy of audited profit/loss statement certificate by a Registered Charted Accountant.

11. The net worth of the company /bidder shall not be less than Rs 1.00 Cr. ( Rupees One Crores ) for the year of 13-14.

Copy of audited balance sheet indicating net worth , certified by a Registered Charted Accountant. OR Declaration of the bidder.

12. Should submit the list of plant and machineries owned by the Firm/Contractor and propose to deploy on this work.

Declaration of the bidder.

13. Should submit the list technical staff and establishment working with the firm/contractor and the proposed pattern of staff on this work.

Declaration of the bidder with details regarding their names, qualification, experience ..etc

Page 10: Indian Machine Tool Manufacturer's · PDF fileIndian Machine Tool Manufacturer's Association PROJECTS & MAINTENANCE DEPARTMENT PROPOSED CONSTRUCTION OF COMBINED SERVICE TRENCHES

LETTER OF TENDERER

To,

__________________________

__________________________

__________________________

SUBJECT: TENDER FOR CONSTRUCTION OF PROPOS ED COMBINED SERVICE TRENCHES AT BIEC CAMPUS.

S i r ,

We have gone through the complete tender document for the above work including, conditions of contract, technical specifications, schedule of quantities and drawings. We have visited the site and familiarized with the site conditions.

OWNER has rendered all clarifications on the complete tender document. The decisions/ clarifications rendered to us vide letter no. ________ dated _________ have been duly received by us and form part of the tender as page no. _____ to ______. We confirm that no doubts/ ambiguities/ shortfalls now exist in the tender documents.

We the undersigned, offer to execute, complete and maintain the whole of the works as described therein and in conformity with the said tender documents, including addendum no. ________, for the sum of Rs. _____________ (Rupees ______________________________________________________________________

only) in accordance with the contract.

We undertake, if our tender is accepted, to commence the work within specified mobilization period and to complete and deliver the works in accordance with the contract conditions specified in the tender document.

I f our tender i s accepted, we shal l provide the (performance bond, i f appl icable) of Rs._______(Rupees________________________________________________________________ only) for the due performance of the contract, before signing of the contract agreement.

We agree to abide by this tender for a period of 120 (One twenty) days from the latest date fixed for tender opening/revised tender quote opening and it shall remain binding upon us and may be accepted at any time before the expiry of that period.

We understand that you are not bound to accept the lowest pr ice or any tender that you may receive.

Dated this _________ day of _______________________

(Signature of Tenderer) (S ignature of witness)

NAME: NAME:

DESIGNATION: ADDRESS:

Page 11: Indian Machine Tool Manufacturer's · PDF fileIndian Machine Tool Manufacturer's Association PROJECTS & MAINTENANCE DEPARTMENT PROPOSED CONSTRUCTION OF COMBINED SERVICE TRENCHES

AGREEMENT FORM

Agreement No :…………… 2013-2014 Date :…………….

An agreement made on ………………2014 between………………………………………………………………………………, herein after called the Contractor , which expression shall where the contest so admits or implies be deemed to include his executrices, administrator, legal heirs on one part and Managing Director, IMMTA and his authorized officer on the other part of the work specified in the underwritten Memorandum within in the time specified in such Memorandum amounting RS……………………………………...(Rupees in words) as per the rates by the contractor in Financial Bid.

MEMORANDUM

a. Name of work : Proposed Construction for Service Ducts for chiller water line & Electrical cable. b. i) Estimate amount : Rs……………………... ii) Amount put to tender : RS……………………... iii) Approved amount : RS……………………… c. Earnest money deposit (1%) : Rs………………………. D.D. No…………………………… (In the form of DD only & to be drawn in favor of M/s. INDIAN MACHINE TOOL MANUFACTURER’S ASSOCIATION) d. Security deposit : 5% Retention money shall be retained from every R.A. bills & 2.5% shall be reimbursed on virtual completion of project against Bank Guarantee of 5% (retention money value)on covering defects liability period and on completion of defect liability period balance 2.5% shall be released. e. Time allowed to complete the work from the date of issue of letter of Award including monsoon period of rainy season : 90 days Contd…..

Page 12: Indian Machine Tool Manufacturer's · PDF fileIndian Machine Tool Manufacturer's Association PROJECTS & MAINTENANCE DEPARTMENT PROPOSED CONSTRUCTION OF COMBINED SERVICE TRENCHES

f. The following document shall be deemed to form and be read construed as part of this Agreements, viz..: i) Letter of Acceptance. ii) Contractor Bid. iii) General Conditions of Contract. v) Special Conditions of Contract vi) Specification vii) Drawings viii) Bill of Quantities ix) Pre-bid meeting minutes x) Any other documents, Addendum, Corrigendum issued to the bid I, hereby agree to abide fulfill all the terms and provision of the Conditions of contract annexed here to so far as applicable in default thereof to forfeit and pay to MMIT the sum of money mentioned in the conditions. Name & Address of the Contractor Signature of the Contractor (Authorized Signatory duly authorized by a written Power of Attorney) Name & Address of the witness Signature of the witness

SIGNED BEFORE ME THE ABOVE AGREEMENT IS HEREBY ACCEPTED BY ME ON BEHALF OF M/s. IMTMA.

DIRECTOR, FACILITIES & OPERATIONS,

IMTMA, 10TH MILE, TUMKUR ROAD, MADAVARA POST, BANGALORE-562123

Page 13: Indian Machine Tool Manufacturer's · PDF fileIndian Machine Tool Manufacturer's Association PROJECTS & MAINTENANCE DEPARTMENT PROPOSED CONSTRUCTION OF COMBINED SERVICE TRENCHES

BASIC PRICE & MAKE OF MATERIALS

SL.No.

MATERIAL BASIC PRICE

MAKE REMARKS

1. CEMENT (OPC-53G) INR 370/BAG BIRLA ,ULTER TECH,ACC,COROMANDEL

2. CEMENT (OPC-53G) INR 350/BAG BIRLA ,ULTER TECH,ACC,COROMANDEL

3. TMT 500 INR 49,000/MT SAIL,TISCO,RINL

4. STRUCTURAL STEEL (ROLLED SECTIONS)

INR. 55,000/MT T ISCO /BHUWALKA

5. STRUCTURAL STEEL (CHS,RHS,SHS)

INR. 60,000/MT T ISCO /BHUWALKA

6. PAINT -

ASAIN/NEROLAC/BERGER

Basic pr ice of mater ial ’ shal l be the rates of mater ials at the Project si te inc lusive of a l l appl icable taxes, dut ies, lev ies, etc . and transportat ion of the mater ials to the project si te.

Page 14: Indian Machine Tool Manufacturer's · PDF fileIndian Machine Tool Manufacturer's Association PROJECTS & MAINTENANCE DEPARTMENT PROPOSED CONSTRUCTION OF COMBINED SERVICE TRENCHES

VOLUME-2

Page 15: Indian Machine Tool Manufacturer's · PDF fileIndian Machine Tool Manufacturer's Association PROJECTS & MAINTENANCE DEPARTMENT PROPOSED CONSTRUCTION OF COMBINED SERVICE TRENCHES

SCC SPECIAL CONDITI ONS OF CONTRACT

GENERAL

The Special Condit ions of Contract are an extension of and are to be read in conjunct ion with the General Condit ions of Contract. Should there be any contradictory requirements in the two, the requirement as per the Special Condit ions of Contract shal l prevai l .

OWNER, ENGINEER-IN-CHARGE AND CONSULTANTS

The Owner , Engineer- in-charge and Consul tants for the subject work are:

Owner shal l mean M/s. INDIAN MACHINE TOOL MANUFACTURERS’ ASSOCIATION,10TH MILE,TUMKUR ROAD,MADAVARA POST, BANGALORE-562123. The term “owner” inc ludes successors and assignees.

Engineer- in-charge (E- in-C) shal l mean engineer duly appointed by owner to act for and on his behal f for the operat ion of the contract.

Consultants shal l mean M/s.MANYA associates- Civ i l Engineer ing Solut ions , having thei r

control off ice at #3,2n d F loor ,23 r d Cro ss,6 t h Main, Banashankar i I I stage,Bangalore-560070.The term “consul tant” includes evaluat ion & final cert i f i cation of work done. The contractor at his cost shal l provide al l required relevant information and data that are required or sought by the consul tants.

SITE

The si te i s s i tuated at Bangalore Internat ional Exhib it ion centre on Tumkur road 10th Mile, Bangalore. The si te i s a lready in possession of the owner and wil l be made available to the contractor immediately on award of the contract for execution of works.

SCOPE OF WORK

The scope of work under this contract wi l l broadly inc lude:

Civi l and Structural works for the Proposed construct ion of combined service t rench.

MOBILISATION

Mobi l i zat ion period shal l be 7 days f rom the date of i ssue of LOI said as complete after the fol lowing are mobi l ized:

a) Erect ion of agreed l i st of major plant for commencement of work.

b) Avai labi l i ty of agreed quantum of shutter ing and scaffolding mater ials for commencement of works.

c ) Submission of si te log ist ic plan.

d) Submission of safety manuals and safety plan spec i f i c to the project.

e) Identi f i cat ion of vendors.

TIME FOR VIRTUAL COMPLETION OF WORKS

The per iod and t ime l imit for v i r tual complet ion of the works shal l be 90 days f rom the date of commencement of work. In case the contractor fa i l s to meet the above st ipulated complet ion per iod, contractor shal l be levied l iquidated damages as spec i f ied in the general condit ions of contract.

INSPECTION BY THIRD PARTY AND TESTING OF MATERIALS

Contractor should produce tests cert i f i cates carr ied out from an accredi ted laboratory for the mater ials as required by the E-in-C and or as per the re levant Indian Standards and shal l be carr ied out as spec i f ied by E- in-C. Cost of such tests including for the material suppl ied by the Cl ient/Owner shal l be borne by the Contractor .

Page 16: Indian Machine Tool Manufacturer's · PDF fileIndian Machine Tool Manufacturer's Association PROJECTS & MAINTENANCE DEPARTMENT PROPOSED CONSTRUCTION OF COMBINED SERVICE TRENCHES

For test ing of materials at the si te the contractor shal l provide fol lowing minimum test ing equipment along with copies of re levant codes for test ing at s i te laboratory to enable all f ie ld tests of materials as needed to be tested at si te day to day and for the performance of the work without t ime delay.

Al l such equipment shal l be tested for thei r cal ibrat ion and accuracy at approved test ing laboratory.

a. IS s ieve sets for f ine and coarse aggregates

b. Concrete cube moulds 150x150x 150mm – minimum 12 No.

c . Slump cone with accessor ies

d. Measur ing jars

e . Standard container for yie ld test of concrete (10–15Lt. )

f . Core cutter with dol ly & rammer

g . Steel tape – 30m

QUALITY ASSURANCE

The contractor shal l establ i sh an ef fect ive qual i ty control system and implement same through a spec ial cel l consist ing of qual i f ied exper ienced engineers and technical personnel to enforce quali ty control on al l i tems of work at a l l stages. The detai l s of same shal l be furnished as cal led for .

SAMPLES OF MATERIALS

The contractors shal l procure at his cost & provide samples for the approval of owner/consul tants and shal l provide al ternate samples unti l an approval has been obtained. Samples approved shal l be kept at s i te under custody of the E IC unti l complet ion of the project.

SAMPLES OF WORKMANSHIP

The contractor at his own expense shal l prepare samples of any i tem of works prescr ibed in tender and shal l obtain the approval of the Engineer- in-charge to the same before putt ing the work in hand. If so required by the consul tants, the contractor at his own expense shal l prepare the same and submit a second sample of each indiv idual i tem of work. I f the consul tants require more than two samples to be made of any indiv idual i tem of work, the contractor shal l prepare the same and shal l be paid the actual cost of preparing the third and any subsequent samples of such indiv idual i tem.

DRILLING, CUTTING, ETC.

Al l cutt ing and dr il l ing of wal l s or other e lements of the bui lding for the proper entry/ instal lat ion of pipes, cables, conduits, boxes and other equipment shal l be carr ied out using e lectr ical ly operated tools only. Manual dri l l ing , cutt ing, chisel ing, etc. , shal l be cut or chased with the wri tten permission of the Engineer- in-charge.

WATER FOR CONSTRUCTION AND OTHER USE

The owner shal l provide the water for construct ion at f ree of cost . Whereas contractor has to make his own arrangements for the supply/distr ibution and storage of water for work and nothing shal l be paid extra for the same.

The contractor shal l arrange for adequate storage arrangements so that suff ic ient quanti ty of water i s avai lable at a l l time to meet the contractor 's construct ion, cur ing and al l other requirements. The water proposed to be used should be tested by the contractor at his own cost and test report to be submitted to the EIC/Consul tant.

Page 17: Indian Machine Tool Manufacturer's · PDF fileIndian Machine Tool Manufacturer's Association PROJECTS & MAINTENANCE DEPARTMENT PROPOSED CONSTRUCTION OF COMBINED SERVICE TRENCHES

POWER (ELECTRIC ITY) SUPPLY

The owner shal l be made Power (BESCOM) avai lable at one source at si te at f ree of cost . The contractor shal l make his own arrangements for distr ibution, shi f t ing within si te. Contractor shal l a l so be responsible for the per iodical maintenance of such arrangements. The contractor i s responsible for making adequate infrastructure and standby fac i l i t ies for the continuous supply of e lectr ic power required for the sat i sfactory execution of the work without stoppage.

OWNER SUPPLY OF MATERIALS

When the owner chooses to supply materials on ‘f ree basis’ , the contractor shal l quote his rates inc luding, loading, unloading, safe storage, secur i ty, handl ing and shi f t ing to place of work, insurance, appl icable taxes, etc . ,

Contractor shal l indent the mater ial required wel l in advance.

RECONCILIATI ON, RECOVERY AND WASTAGE NORMS OF OWNER SUPPLIED MATERIALS

15.1 Reconci l iat ion Statements:

I r respect ive of the mode of supply of mater ials by owner , the contractor shal l prepare and submit monthly mater ial indents based on the planned act iv i t ies of work.

The contractor shal l submit a material reconci l iat ion statement, in a prescr ibed format, in respect of a l l materials i ssued to him by the owner for incorporat ion in the works. The reconci l iation statement shal l indicate the value and or quanti ty of materials incorporated in the works and the value and or quanti ty suppl ied by the owner.

The reconci l iat ion statement shal l be submitted without fai l a long with each running bi l l and the f inal b il l .

15.2 Recovery of cost of owner suppl ied mater ials:

Based on the reconci l iat ion statement submitted along with the bi l l s , the value of the mater ials shal l be recovered from each of the running account bil l s of the contractor .

15.3 Appl icable wastage norms:

The appl icable wastage norms wil l be considered whi le prepar ing the mater ial reconcil iat ion statement for owner suppl ied mater ials and consumed.

BASIC PRICE OF MATERIALS (Wherever applicable)

P lease note that the basic price of mater ials indicated in the tender i s for the purposes of quoting i tem rates wherein the owner suppl ied materials are being used, reconci l iat ion and recovery of value of owner suppl ied mater ials beyond wastage l imits spec i fied elsewhere in the tender document.

A separate statement indicat ing the basic pr ice of mater ials i s attached to the tender .

16.1 Def ini t ion of basic pr ice of material :

I r respect ive of whether the contract i s based on:

The Mater ials to be procured & suppl ied by the contractor , or

Mater ials are to be procured and suppl ied by owner , or

Free supply of mater ials by the owner .

‘Basic pr ice of mater ial ’ shal l be the rates of mater ials at the Project si te inc lusive of a l l appl icable taxes, dut ies, lev ies, etc . and transportat ion of the mater ials to the project si te.

Page 18: Indian Machine Tool Manufacturer's · PDF fileIndian Machine Tool Manufacturer's Association PROJECTS & MAINTENANCE DEPARTMENT PROPOSED CONSTRUCTION OF COMBINED SERVICE TRENCHES

16.2 I tem rate:

The i tem rate quoted for the relevant i tem of work i s deemed to be inclusive of cost of loading, unloading, transport, storage, secur i ty, insurance and al l other incidentals that are necessary to execute the work. No extra shal l be payable on this account.

16.3 Procurement of mater ials:

The owner at the appropriate t ime may be with the assistance of the contractor , se lect mater ials negotiate and final i ze the pr ices of mater ials to be suppl ied by him. The contractor shal l , i f need be, procure these mater ials from the designated suppl iers.

16.4 Procedure for adjustment in i tem rates due to variat ion in basic pr ice and procurement pr ice:

In the event there i s a di f ference in pr ice between the procurement pr ice and the basic price, (appl icable only in the case of where the contractor has to procure mater ials based on spec i f ied basic pr ice of mater ials) , necessary adjustments shal l be made in the i tem rate of the part icular i tem of work.

The fol lowing example demonstrates the methods that would be adopted for making the necessary pr ice adjustment.

EXAMPLE:

I . I tem of work: 19mm thick grani te f loor ing.

I I . Area of f looring to be la id: 300Sqm.

I I I . St ipulated ‘Basic pr ice’ of 19mm thick grani te mater ial : Rs.1500.00 per Sqm.

IV. ‘Basic pr ice’ at which the contractor has procured the material : Rs.1600.00 per Sqm.

V. Dif ference in amount payable to the contractor :

Rs. (1600-1500)+(3%wa stage of mater ial) x 300Sqm = Rs.44400.00.

VI . I f the amount works out to be on the negative side, the same procedure shal l be adopted for calculat ions and the owner would get the benef i t .

ENVIRONMENT, HEALTH AND SAFETY

After enter ing into contract the Environment, Heal th and Safety plan submitted by the contractor shal l be revisi ted along with the method statements submitted for var ious works. The obl igat ions of the contractors sh al l be str ict ly monitored for Envi ronment, Heal th and Safety. The fol lowing documents shal l be referred to for adherence to Environment, Heal th and Safety requirements at s i te:

1. EHS requirements along with the tender .

2. EHS plan submitted along with the tender.

3. Approved method statement for var ious works to be executed at si te.

4. Written instruct ions g iven by Engineer in charge/ owner at s i te from t ime to t ime.

Al l the EHS measures as cal led for should be fol lowed with due dil igence. Contractor shal l provide the following:

a. L ist of a l l the personal protect ive equipment deem to use si te to be provided by contractor .

b. Housekeeping should be treated on high pr iori ty , debr is chutes to be provided at convenient locat ions, no accumulat ion of debr is i s a l lowed at si te.

c . I f Debr is not removed by the contractor as per the E IC g iven t ime frame. Owner has ful l r ight to reserve to accompl ish the same with other agency at contractor r i sk & cost.

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d . Contractor engineer/incharge to ensure that the Personal Protect ive Equipments (PPE) i s provided to every individual at s i te and same is ef f ic ient ly ut i l ized.

e . Safety signages to be displayed at convenient locat ions al l over the working area or as instructed by EIC.

f . Safety plan, safety pol icy and method statement to be submitted.

g . Dedicated e lectric ian to be deputed at si te. Suff ic ient l ighting (general and focus l ight ing) to be provided at si te.

h. Fortnight ly report on safety at s i te to be submitted.

i . Cables to be routed on poles and not on the ground/ f loor slabs.

j . Proper access to be provided at si te for inspect ion.

k. Total safe man-hours or accident f ree hours achieved to be displayed at si te (on daily basis) .

l . Any acc idents or inc idents to be reported immediately to Engineer-in-charge.

m. Fi rst a id box to be provided at si te.

n. Pep-talk on safety to be given to the people working at s i te before commencement of each day’s work.

o. The diesel generator sets used dur ing the construct ion phase should be of low Sulphur diesel type and should conform to Environment protect ion rules prescr ibed for a i r and noise emission standards.

p. Construct ion spoi l s, inc luding bi tuminous material and other hazardous mater ials, must not be al lowed to contaminate watercourse and the dump si tes for such mater ials must be secured so that they should not leach into the ground water .

q. Any v iolat ions and or deviat ions f rom EHS plan/ instruct ions shal l be penal i zed. Such penal t ies shal l be deducted from the running bil l s. Despi te such penal t ies, i f the si tuat ion at si te does not improve, Envi ronment, Heal th and Safety requirements shal l be taken over by the owner and shal l be executed by appoint ing separate agencies. The costs incurred by taking over of EHS shal l be debi ted to the contractors at actual costs plus 25% towards overheads and taxes.

Progress reports / photographs to be submitted every fortnight

Professional Integri ty and Team Spir i t

I t i s the intent of the owner and the Consul tants that, this project wi l l be executed in a spi r i t of team work and ful l professional integr i ty. The contractor shal l fu l ly co-operate with all agencies concerned to ful fi l l th is object ive.

Modification: Any modification in the project will be measured as per the BOQ items & paid same price.

No escalation of price is permitted throughout the project till completion for whatsoever may be the reason.

Space for labour camps SHALL NOT BE PROVIDED IN PROJECT SITE.

Any leakage in any of the concrete the grouting shall be done at his own cost.

Hacking of concrete element: only after 7 days

.

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GCC GENERAL CONDIT IONS OF CONTRACT

1. DEFINIT IONS

In the contract (as hereinafter defined) the fol lowing words and expressions shal l have meanings hereby assigned to them, except where the context otherwise requires.

2. THE CONTRACT

‘Contract ’ means the agreement between the owner and the contractor for the proper execution and successful complet ion of the works in accordance with the contract documents.

3. CONTRACT AGREEMENT

The contractor whose tender has been accepted shal l enter into a formal agreement with the owner for the execution and complet ion of the works, in the format prescr ibed in the contract documents, wi thin one week from the date of the work order .

4. CONTRACT DOCUMENT

The contract document means collect ively notice invi t ing tenders, letter of tender , contract agreement, general condit ions of contract, spec ial condit ions of contract and annexure, spec i fi cat ions, drawings, letter of acceptance, further documents as may be expressly incorporated in the letter of acceptance or contract agreement, pr iced schedule of quanti t ies, work order and all modi f icat ions thereof and addi t ions thereto incorporated in and made to the documents dur ing the currency of the contract.

5. CONTRACTOR

The contractor means the person or persons, f i rm, company or consort ium whose tender has been accepted by the owner and inc ludes the contractor ’s legal representat ives, successors and permitted assignee. (Wherever in the contract documents reference i s made to the term “contractor“ and the context therein appl ies to the stage prior to tender acceptance, this term shal l mean the tenderer) .

i . SUB-CONTRACTORS

Sub-contractors means the persons, f i rms, companies or agencies who after approval of the Engineer- in-charge, have entered into a di rect contract with the contractor in respect of any part of the works and inc lude the sub-contractor ’s legal representat ives, successors and permitted assignee.

As soon as pract icable but at least two weeks before awarding any sub-contract, the contractor shal l submit to the Engineer- in-charge in wr i t ing the names of the sub-contractors proposed for any part of the works, for the approval of the Engineer-in-charge. The Contractor shal l employ such sub-contractors only after he has received conf i rmation in wr i t ing of such approval f rom the consul tant through the Engineer-in-charge. The Engineer- in-charge’s approval , however , shal l not rel ieve the contractor of any of his responsibi l i t ies, obl igat ions and l iabi l i t ies under the contract. The contractor shal l be responsible for the acts, defaul ts and neglect of a l l sub-contractors and thei r agents, servants and workmen. The Contractor shal l not employ any sub-contractor to whom or the Engineer- in-charge objects and or does not approve.

i i . NOMINATED SUB-CONTRACTORS

Nominated sub-contractors refer to those spec ial i st agencies, merchants, tradesmen and others, nominated by the owner for executing spec ial works or supplying spec ial equipment or goods or mater ials or services, for which prime cost and provisional sums are inc luded in the contract documents. The contractor shal l be required under the contract to sublet the execution of such spec ial works or the supply of such spec ial equipment or goods or mater ials or services to the nominated sub-contractors. Such nominated sub-contractors shal l be deemed to have been employed by the contractor and the contractor shal l s ign a sub-contract agreement with them. The contractor shal l be responsible for co-ordinat ion of a l l work of such nominated sub-contractors, which work shal l be to the approval and sat i sfact ion of the Engineer- in-charge.

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6. OWNER / CONSULTANT/ ENGINEER-IN-CHARGE

The Owner/ Consul tant/ Engineer-in-charge shal l be those mentioned as such in special conditions of contract and shal l inc lude all their consul tants, representat ives, permitted assignees and successors. They are treated throughout the contract documents as i f they were of the singular number and mascul ine gender .

7. THE WORKS

The works shal l mean the works in respect of which the tender by the contractor has been accepted and which are set out in the contract documents and shal l be inc lusive of a l l addi t ions, subst i tut ion s and var iat ions ordered by the Engineer-in-charge.

i . “Works” means the permanent works and the temporary works or e i ther of them as appropriate.

i i . “Permanent Works” means the permanent works to be executed (inc luding plant) in accordance with the contract.

i i i . “Temporary Works” means al l temporary works of every kind (other than contractor ’s equipment) required on si te for the execution and complet ion of the permanent works and remedying of any defects thereon.

iv . “Plant” means machinery, equipments and the l ike intended to form or forming part of the permanent works.

v . “Contractor’s Equipment” means all appl iances and things of whatsoever nature (other than temporary works) required for proper and successful execution and complet ion of the works and the remedying of any defects therein, but does not inc lude plant, mater ials or other things intended to form or forming part of the permanent works.

8. THE SITE

The si te means the land and other places inc luding any bui lding and structures thereon, on, into, or through which work i s to be executed under the contract or any adjacent land al lotted or used for the purpose of carrying out the contract.

9. CONTRACT SUM

‘Contract sum’ shal l be the sum stated in the letter of acceptance/ contract agreement which the owner has consented to pay to the contractor for the execution and complet ion of the works in conformity with the contract documents and shal l in i tia l ly be the sum at which the contract for the works has been awarded and which sum shal l subsequently be amended and determined in accordance with the provisions contained in the contract documents.

10. WRITTEN NOTICE

Written notice shal l be deemed to have been duly served if delivered in person to the indiv idual or to a member of the f i rm or to an off icer of the corporat ion/ organizat ion/ fi rm for whom i t i s intended, or i f del ivered at and a wr i tten delivery receipt obtained, or i f sent by reg istered mail or i f sent through e-mail to the last known business/ e-mai l address.

11. WORKING DAY

Working day shal l mean any day from Monday to Saturday (both days inc lusive) exc luding publ ic hol idays and local ly recognized holidays.

No work shal l be carried out on the si te on public hol idays and locally recognized hol idays unless:

Otherwise stated in the contract

The Engineer-in-charge g ives wr i tten consent or

Work i s unavoidable or necessary due to protect ion of l ife or property or for the safety of

The work, in which case the contractor shal l immediately advice the E IC.

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a. NORMAL WORKING HOURS

The normal working hours shal l be between 8:00 A.M. and 6:00 P .M. on al l working days.

May be extended beyond 6:00 P .M. , contractor shal l obtain the no object ion from the E IC.

b. OVERTIME WORK

I f i t i s necessary for the contractor or any sub-contractor to work on other than working days or outside the normal working hours or staggered working hours in order to keep up to the t ime schedule and meet the construct ion programme, the contractor shal l g ive due notice of his intention to do so and shal l obtain the pr ior approval of the Engineer-in-charge in wr i t ing, which approval shal l not be unreasonably withheld. The addi t ional cost of wages and any other costs incurred as a resul t of overt ime or any shi f t work shal l be borne by the contractor .

12. APPROVED EQUAL

Approved equal shal l mean an al ternative product/ service approved by the Engineer- in-charge with pr ior approval of consul tant as being equivalent to that spec i f ied in the contract documents.

a. APPROVED/ APPROVAL

Approved/ approval shal l mean approved/ approval in wr i t ing.

b. INTERPRETATION

In the contract, except where the context requires otherwise:

I . Words indicat ing one gender inc lude al l genders.

I I . Words indicat ing the singular a lso inc lude the plural and v ice versa.

I I I . Provisions inc luding the word “agree” , “agreed” or “agreement” require the agreement to be recorded in wr i ting and

IV. “Written” or “wr i t ing” means hand-wr i tten, type wr i tten, pr inted or electronically made and resul t ing in a permanent record.

V. The marginal words and other headings shal l not be taken in to considerat ion in the interpretat ion of these condit ions.

13. COMMUNICATIONS

Wherever these condit ions provide for the giv ing or i ssuing of approvals, cert i f icates, consents , determinations, not ices and requests, these communicat ions shal l be:

a. In wr i t ing and del ivered by hand (against receipt) , sent by mai l or cour ier , or transmitted using any of the agreed systems of e lectronic transmission &

b. Del ivered, sent or transmitted to the address for the rec ipient’s communicat ions.

14. DATE OF COMMENCEMENT

Date of commencement shal l be the date as mentioned in the highl ights of this document.

15. VIRTUAL COMPLETION

Virtual complet ion wi l l be said to have been achieved upon a vi r tual complet ion cert if i cate being i ssued by the E- in-C when the works, according to the owner , consul tant and Engineer- in-charge have been completed in every respect in conformity with the contract documents and used for thei r intended purpose, complete with al l systems and services having been tested and commissioned.

16. DEFECTS LIABILITY PERIOD

Defects l iabil i ty period shal l be the period between the v ir tual complet ion and the f inal completion of the works one year (12months) and during which per iod the contractor shal l be bound to replace and or rect i fy and make good al l defect ive materials, equipment and or workmanship which ari se in the works or come to notice subsequent to the v i r tual complet ion of works and prior to the f inal complet ion of works.

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17. FINAL COMPLETION

F inal complet ion wil l be said to have been achieved when at the end of the defects l iabi l i ty per iod a f inal complet ion cert i f icate has been i ssued by the Engineer- in-charge when al l the requirements of the contract have been met and complied with and when al l the defect ive i tems of work and defects have been replaced and or rect i fied and made good as di rected by and to the sat i sfact ion of the owner , consul tant, Engineer- in-charge.

18. DRAWINGS

“Drawings” means all drawings and technical information of s imi lar nature provided by the Engineer- in-charge to the contractor under the contract and al l drawings, samples, patterns, models, operat ion and maintenance manuals and other technical information of l ike nature submitted by the contractor .

19. SCOPE, EXTENT, INTENT, ETC. 19.1 SCOPE

The general character and the scope of the works shal l be as i l lustrated and def ined in the drawings, spec i f i cat ions, schedule of quanti t ies and other contract documents. The def ined scope of work shal l be as set out under spec ial conditions of contract.

19.2 EXTENT

The contractor shal l carry out and complete the works under the contract in every respect and his work shal l inc lude the supply of a l l labour , equipment, mater ials plant and machinery, tools, transport at ion, formwork, scaffolding and everything e lse necessary for the proper execution and successful complet ion of the works in accordance with the contract documents and to the di rect ions and sat i sfact ion of the Engineer-in-charge. The contractor shal l be ful ly responsible and l iable for everything and all matters in connect ion with or ar i sing out of or being a resul t or consequence of his carrying out or omitt ing to carry out any work. Where sub-contractors may execute any parts of the works, such responsibi l i ty and l iabi l i ty of the contractor shal l cover and extend to the work of a l l such sub-contractors.

19.3 INTENT

The contract documents are compl imentary and what i s cal led for by any one shal l be binding as i f cal led for by al l . Wherever i t i s mentioned in the documents that the contractor shal l perform certain work or provide certain fac il i t ies, i t i s understood that the contractor shal l do so at his own cost. Materials or work descr ibed in words which so appl ied have a wel l -known technical or trade meaning shal l be held to refer to such recognized standards as are applicable.

19.4 PRIORITY OF DOCUMENTS

The documents forming the contract are to be taken as mutual ly explanatory of one another.

For the purposes of interpretat ion, the pr ior i ty of documents forming the contract shal l be in accordance with the fol lowing sequence:

a. The contract agreement

b. The work order

c . The letter of tender

d. The construct ion drawings

e. Priced schedule of quanti t ies

f . The technical spec i f icat ions

g . The spec ial condit ions of contract

h. The general condit ions of contract

i .Any other document spec i fied in the contract

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I f any ambigui ty or discrepancy i s found in the documents, the E - in-C shal l i ssue necessary c lari fi cat ion or instruct ion.

19.5 INSTRUCTIONS OF ENGINEER-IN-CHARGE

The Engineer-in-charge may from t ime to time i ssue, further supplementary drawings, wr i tten instruct ions, detai l s, d i rect ions and explanations which shal l be col lectively referred to as the instruct ions of Engineer-in-charge. The contractor shal l forthwith comply with and duly execute the work compr ised in such instruct ions of Engineer- in-charge, provided always that verbal instruct ions, d i rect ions and explanations g iven to the contractor or his works representat ive by the Engineer- in-charge shal l , if involving a var iat ion, be conf i rmed in wri t ing by the contractor immediately thereafter.

19.6 APPROVAL OF CONSUTLTANTS AND ENGINEER-IN-CHARGE

Approval of the consul tants and Engineer- in-charge shal l always mean approval in wr i t ing. The onus shal l be on the contractor to obtain all the necessary approvals in wr i t ing. Such approvals, however , shal l not re l ieve the contractor of any of his responsibi l i t ies under the contract.

19.7 VARIATIONS

The owner in consul tat ion with the consul tant, reserves the r ight to increase or decrease the scope of work on any or a l l i tems or to change the nature of work involved in any or a l l i tems or to completely delete any i tems of the works under the contract, subject to the l imitat ion la id down in c lause 32. The contractor shal l not be enti t led to c la im for loss of ant ic ipated prof i ts for mobi l i sat ion of addi t ional resources, or for any such reason on account of these var iat ions.

The owner in consul tat ion with the E - in-C, reserves the r ight to get any deleted i tems of work executed by other agencies in the larger interest of the project.

19.8 ITEMS OF WORK FOR COMPLETION

The contractor i s bound to carry out any i tems of work necessary for the complet ion of the project even though such i tems of work may not be inc luded in the schedule of quanti t ies. Instruct ions in respect of any such addi t ional i tems of work and thei r quanti t ies shal l be i ssued in wr i t ing by the Engineer- in-charge, in consul tat ion with the consul tants and the rates for any such addi t ional i tems of work shal l be determined in accordance with re levant c lause.

20. ENGINEER-IN-CHARGE

STATUS

The owner wi l l be represented for the purpose of the execution of the contract by the Engineer- in-charge. The Engineer-in-charge, a long with his team shal l be responsible for the day-to-day supervision, qual i ty control checks, progress monitor ing, co-ordinat ion and di rect ion of the works and general ly to ensure that al l work i s carried out in str ict conformity with the contract documents unless otherwise spec i f ied. The Engineer-in-charge shal l have the author i ty to stop the work whenever such stoppage may be necessary to ensure the proper execution of the work. The contractor shal l provide all the necessary fac i l i t ies to the Engineer-in-charge in the performance of his duties. The contractor shal l refer a l l matters re lat ing to the performance of the contract to the Engineer- in-charge.

DECISIONS

The Engineer-in-charge shal l make decisions on al l matters re lat ing to the execution and progress of the works. The Engineer- in-charge shal l a l so make dec isions, wi thin a reasonable t ime, on the cla ims and quer ies of the contractor . The dec ision, opinion, di rect ion and interpretat ion of the Engineer- in-charge, with respect to any or a l l of the fol lowing matters shal l be f inal and binding on the contractor , except matters involv ing f inancial impl icat ions and matters mentioned under i tem (b) , (c ) , ( j ) , (k) which wi l l be dec ided in consul tat ion and with pr ior wr i tten approval of owner.

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a . The qual i ty and quanti ty of each i tem of the works.

b. Var iat ion i tems.

c . Any discrepancy in the drawings or between the drawings and spec i f i cations.

d. The removal and or re-execution of any work executed by the contractor .

e . The dismissal f rom the si te of any person employed upon the works.

f . The opening up for inspect ion of any work covered up.

g . Al l materials and workmanship.

h. Everything that must be provided or done by the contractor in order to properly execute and successful ly complete the works under the contract. i . Assignment and sub- lett ing.

j . Delay and extension of t ime.

k. The replac ing and or rect i fying and making good al l defect ive i tems of work and defects dur ing the defects l iabi l i ty period. l . Removal of any mater ial / equipment/ plant and machinery brought by contractor to si te of work for execution of the works.

21. DISMISSAL OF CONTRACTOR’S STAFF

The contractor shal l , on the instruct ion of the Engineer- in-charge, immediately dismiss f rom the works any person employed thereon by him who may, in the opinion of the Engineer-in-charge, be incompetent or who engages in unlawful or disorder ly conduct and such persons shal l not be re-employed on the works without the permission of the Engineer- in-charge.

22. ACCESS FOR OWNER, CONSULTANT AND ENGINEER-IN-CHARGE TO THE WORKS AND SITE

The owner , Engineer- in-charge and consul tants and thei r representat ives shal l at a l l t imes have access to the works and the si te and to the workshops or other places of the contractor where work i s being prepared for the contract and when work i s to be so prepared in workshops or other places of sub-contractors and suppl iers, the contractor shal l by a term in sub-contract so far as possible, secure a simi lar r ight of access to those workshops or places for the owner , Engineer-in-charge and consul tants and thei r representat ives and shal l do everything for the purposes of carrying out inspect ions to ascertain and ensure that work i s being carried out in conformity with the contract documents or for any other purpose in connect ion with the works under the contract.

23. COMMUNICATION PROTOCOL

The owner , consul tants and E- in-C wi l l be in regular communicat ion network with each other. All instruct ions to contractor f rom owner/ consul tants are communicated through E-in-C in wr i tten form.

24. SITE

Contractor to sat i sfy himsel f about si te condit ions before submitt ing his tender :

Before tendering for the works the contractor shal l v i s i t the si te and sat i sfy himsel f about the si te condit ions for construct ion and for logist ics and smooth f low of men and mater ials as wel l as permissions f rom author i ties for this purpose. He shal l examine the si te and take note of exist ing roads and means of access and communicat ion, the character of the soi l and of the excavations, the correct dimensions of the work, fac i l i t ies for obtaining any spec ial art ic les cal led for in the contract documents and also the contractor shal l make his own assessment and obtain al l information on si te constraints and on al l matters that wi l l af fect the execution, continuation and progress and complet ion of the works.

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The Engineer-in-charge wi l l make avai lable to the contractor such data on sub-surface condit ions as have been obtained from invest igat ions undertaken re levant to the works but the contractor shal l be responsible for his own interpretat ions thereof.

Any extra c la ims made in consequence of any misunderstanding, incorrect information on any of these points or on the grounds of insuff ic ient descr iption or information shal l not be entertained or allowed at any stage. Should the contractor after v i si t ing the si te f ind any discrepancies, omissions, ambigui t ies or conf l i cts in or among the contract documents or be in doubt as to thei r meaning, he shal l bring this to the attention of and seek wri tten c lar i f i cations f rom owner before submitt ing his tender .

25. PERMISSION TO WOK AT SITE

The permission to work at s i te wi l l be g iven immediately on award of the contract to the contractor , temporar i ly and for the purpose of construct ion only and the si te shal l be shared with other contractors and sub-contractors as appl icable. The contractor shal l upon being g iven such permission, commence the works and di l igently precede with the execution of the works in accordance with the contract documents.

26. TREASURES, ANTIQUIT IES FOUND ARE PROPERTY OF OWNER

Al l fossi l s, ant iqui t ies and other objects of interest or value which may be found on the si te at the commencement or during the progress of the works shal l be the property of the owner .

27. RIGHT OF ACCESS TO THE SITE

27.1 The r ight of access of the contractor to the si te shal l be merely as a l i censee for carrying out the construct ion of the works under the contract and the contractor shal l not by his being al lowed such access to the premises, acquire any right, l ien or interest e i ther in the works carr ied out by him under the contract agreement or anything appurtenant or attached thereto or to any part of the si te/ premises and his c la im wi l l only be in the nature of money c la im found due and payable to him in accordance with the cert i f i cates i ssued by the Engineer- in-charge under the provisions contained herein. This c lause shal l a l so apply to al l sub-contractors whether employed by the contractor or nominated by the owner .

27.2 SECURITY OF SITE

Unless otherwise stated in spec ial condit ions:

The contractor shal l be responsible for keeping unauthor ized persons off the si te and author ized persons shal l be l imited to the contractor ’s personnel and the owner ’s personnel and to any other personnel noti f ied to the contractor , by the owner or the Engineer- in-charge, as author ized personnel of the owner ’s other contractors on the si te.

28. TYPE OF CONTRACT

28.1 ITEM RATE CONTRACT

The contract shal l be an “ I tem Rate Contract“ . The contract rates shal l inc lude for the supply of a l l labour , equipment, materials, p lant and machinery, tools, transportat ion , test ing of mater ials, formwork, scaffolding, Envi ronment, Heal th, Safety and everything e lse required. The rate quoted shal l inc lude for the payment of al l applicable taxes, dut ies, lev ies, royal t ies, fees, insurance premiums, contr ibutions towards employee benefi ts and funds and anything e lse st ipulated and required, shal l inc lude for the contractor ’s establ i shment, infrastructure, overheads and al l other charges, inc luding taxes levied on day values of his sub-contractor ’s work done and shal l general ly be inclusive of every cost and expense necessary for the proper execution and successful complet ion of the works under the contract, in conformity with the contract documents and the best engineering and construct ion pract ices and to the sat i sfact ion of the Engineer- in-charge. The contractor shal l be paid at the contract uni t rates for the actual quanti t ies of work carried out, exc luding al l replacement and recti f i cat ion work, carr ied out by him under the contract.

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The actual quanti t ies of work carried out by the contractor shal l be those which are measured in accordance with the dimensions shown on drawings to which the work shal l be carr ied out and which quanti t ies are certi f ied by the Engineer- in-charge. The methods and modes of measurements shal l be as st ipulated in the schedule of quanti t ies and i ts preamble and in other contract documents and as prescr ibed by the Bureau of Indian Standards (where such methods and modes di f fer between such documents and standards, the methods and modes as st ipulated in the schedule of quanti t ies and i ts preamble shal l prevail ) . The amount, payable to the contractor for an i tem of work shal l equal the actual quanti ty of work carr ied out by him for that i tem mult ipl ied by the contract uni t rate for that i tem.

28.2 SCHEDULE OF QUANTITIES

The quanti t ies g iven in the schedule of quanti t ies are provisional and are meant only to indicate the intent of the work and provide a uni form basis for tender ing. The actual quanti t ies of indiv idual i tems can vary to any extent stated hereinafter f rom such provisional quanti t ies subject to the overal l var iat ion being l imited to as st ipulated below. The contractor shal l be paid for the actual quanti t ies of work carr ied out by him, in accordance with sub-c lause 28.1 above. The owner reserves the r ight to al ter the scope of works and to increase or decrease any of the quanti t ies or to total ly omit any i tem of work and the contractor shal l not be enti t led to c la im for or receive any extras or compensation of any kind whatsoever on these grounds, subject to the overal l contract sum (the overal l contract sum for this purpose shal l mean the signed contract amount) not being var ied by more than plus or minus twenty percent (± 10%). Should the var iat ion in the overal l contract sum exceed such l imit of plus or minus twenty percent (± 10%), then the owner may consider to re-negotiate on or in respect of only that sum by which such l imit of plus minus ten percent (± 10%) i s exceeded, subject to such l imit not being exceeded due to termination of contract in which case the matter shal l be deal t wi th in accordance with st ipulat ions of appropr iate c lause as appl icable.

Any errors in descr ipt ion and or omission of any i tem in the schedule of quanti t ies shal l not v i t iate this contract but shal l be deemed to be a var iat ion as appl icable.

29. TAXES, DUTIES, ETC.

The Contract Pr ice quoted for al l works and other services or act iv i ties to be performed under the contract, inc lusive of al l dut ies and taxes, such as Exc ise Duty, Works Contract Tax, VAT, Royal ty, Octroi , Service Tax, Labour Cess, Provident Fund, ESI , Fre ights and other local taxes and duties, lev ies etc . or any other cost payable for executing the works under the contract (hereinafter “Contract Price”) Contractor to pass on VAT input credi t benefi t to the Owner.

No c laims on any account shal l be entertained or al lowed at any stage subsequently, unless there i s a change in tax or levy imposed by statute after the date of opening of the tender and within the enti re per iod of execution author ized by E - in-C for the project.

Service tax and the payments made due to any change in statute as above shal l be re imbursed to the contractor on production of proof of payments made to the concerned authori t ies.

However al l tax components to be shown separately.

30. NOTICES, FEES, BYE LAWS, REGULATIONS

The contractor shal l comply with al l government acts inc luding the bye-laws or regulat ions of local author i t ies re lat ing to the works in so far as construct ion, fabr icat ion and instal lat ion act ivi t ies are concerned and he shal l obtain from the local author i t ies a l l permissions and approvals required for the ply ing of trucks, use of construct ion machinery, etc .

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31. LICENCES AND PERMITS

Al l l i censes and permits for the mater ials under government control and those required to be obtained by the contractor for the execution of his work, shal l be di rect ly obtained by the contractor . The contractor shal l inc lude in his rates for a l l transportat ion charges and for the other expenses that may be incurred in this connect ion and he shal l indemnify the owner against a l l c la ims in this regard.

32. ROYALTIES AND PATENT RIGHTS

Al l royal t ies or other sums payable in respect of the supply and use of any patented art icles, processes or inventions for the carrying out of the works as descr ibed by or referred to in the drawings, spec if i cat ions, schedule of quanti t ies and other documents, shal l be deemed to have been inc luded in the contractor ’s rates and the contractor shal l indemnify the owner against a l l c la ims, proceedings, damages, costs and expenses which may be brought or made against the owner or to which he may be put by reason of the contractor infring ing or being held to have infr inged any patent r ights to any such art icles, processes and inventions. The contractor shal l a l so inc lude in his rates for the payment of al l lev ies and royal t ies, rent and other payments or compensation, i f any, for gett ing stone, sand, gravel , soi l or any other mater ials required for the works and contractor shal l submit proof of i t to Engineer-in-charge on request.

33. INSURANCE

33.1 INSURANCE POLICIES

Al l insurance polic ies shal l be taken in the name of the contractor and the or ig inal pol ic ies shal l be submitted to the owner.

Before commencing the execution of works, the contractor , wi thout l imit ing his obl igat ions and responsibi l i t ies under this contract shal l insure against his l iabi l i ty for any material or physical damage, loss or injury which may occur to any property, inc luding that of the owner to any person inc luding any employee of the owner or a member of the general publ ic , by or ari sing out of the execution of the works or in carrying out the contract. I t shal l be obl igatory for the contractor to obtain the insurance cover under the following polic ies:

a. Contractor ’s Al l R isk Insurance Policy to cover the fol lowing:

I . Enti re contract value for the per iod of complet ion inc luding defects l iabi l i ty per iod.

I I . Third party insurance to cover for any damages to thi rd party. This shal l be up to the end of the defects l iabi l i ty per iod and shal l inc lude for any damage to the propert ies and or injury ( including death) to the persons of the general/ public/ consul tants/ owners personnel and anyone else deemed to be thi rd party.

I I I . Civi l commotion, r iots, war and other disturbances.

b. Pol icy to cover contractor ’s l iabi l i ty under Workmen’s Compensation Act 1923/ latest , Minimum Wages Act 1948/ latest , Contract Labour (Regulat ion and Abol i t ion) Act 1970/ latest and other relevant Acts l i sted e lsewhere. This shal l be for the period up to f inal complet ion of work, inc luding the defects l iabi l i ty per iod.

c . Insurance cover against damage, theft or any other loss of a l l materials and equipment brought to si te for which advance payment i s cla imed - L imit of l iabil i ty not less than the value of such mater ials at any stage of the contract.

d. Owner mater ials and al l mater ials suppl ied by the c l ient/ owner for incorporat ion in the works.

The Contractor shal l insure against a l l such l iabil i t ies and shal l continue such insurance dur ing the currency of the contract including defects l iabil ity per iod. Premium for al l insurance pol ic ies shal l be paid and borne by the contractor and shal l not be re imbursable.

The contractor shal l produce to the Engineer- in-charge all cert i f i cates of Insurance. These cert i f icates shal l be ful ly executed and shal l state that the pol ic ies cannot be cancel led unti l ten (10) days after wr i tten notice of such cancel lat ion has been g iven to the owner.

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The contractor shal l obtain wr i tten confi rmation of similar cert i fi cates f rom al l sub-contractors and thereby assume responsibi l i ty for any cla ims or losses to the owner resul t ing from fai lure of any of the sub-contractors to obtain adequate insurance protect ion in connection with thei r work.

33.2 FAILURE TO INSURE

I f the contractor fa i l s to comply with the terms of this condit ion, the owner may procure the insurance and deduct the expenses f rom the amount that may be or becomes payable to the contractor or may, at his option, refuse payment of any cert if i cate to the contractor unti l the contractor compl ies with this condit ion.

33.3 NO LIMIT TO LIABILITY

In addi t ion to the l iabil i ty imposed by law upon the contractor for injury ( inc luding death) to persons or damage to property or his agents, which l iabi l i ty i s not impaired or otherwise af fected hereby, the contractor hereby assumes l iabi l i ty for and agrees to save the owner harmless and indemnif ies him from every expense, l iabi l i ty or payment by reason of any injury ( inc luding death) to persons or damage to property suffered through any act of omission of the contractor , or indi rect ly employed by any of them or f rom the condit ions of the premises or any part of the premises which i s in the control of the contractor or any of his sub-contractors, or any one di rect ly or indirect ly employed by ei ther of them or arising in any way from the work cal led for by this contract.

34. CONTRACTOR’S SITE ORGANIZATION AND RESOURCES

a. PROJECT ENGINEER AND SUPERVISORY STAFF

The contractor shal l at his cost provide and ensure continued effect ive supervision of his work with the help of his project engineer , assi sted by qual i f ied exper ienced and competent engineers, supervisors and adequate staf f , to the sat i sfact ion of the Engineer- in-charge for the enti re durat ion of the works. The contractor shal l submit his proposed si te organisat ion chart for the approval of the Engineer-in-charge. The project engineer of contractor shal l be responsible for carrying out the work to the true meaning of the drawings, spec i f i cat ions, condit ions of contract, schedule of quanti t ies, the other contract documents and instruct ions and di rect ions of the Engineer-in-charge. The instruct ions and di rect ions g iven in wr i t ing to the project engineer or to any of his assistant s at s i te by the Engineer- in-charge shal l be deemed to have been g iven to the contractor of fic ia l ly. Attention i s cal led to the importance of the contractor request ing for wr i tten instruct ion from the Engineer- in-charge before undertaking any work where Engineer-in-charge’s di rect ion or instruct ions are required. Any such work done in advance of such instruct ions wi l l be l iable to be removed at the contractor ’s expense and wi l l not be paid for unless spec i f i cal ly approved by the Engineer- in-charge.

Al l key staf f employed at si te by the contractor shal l be to the approval of the Engineer- in-charge. However , such approval shal l not re l ieve the contractor of any of his contractual obl igat ions. No staf f inc luding the project engineer and other technical supervisory staf f shal l be removed or transferred from the works without the prior wr i tten permission of the Engineer-in-charge who shal l , however , have the author i ty to order the removal from si te of any undesi rable personnel . The contractor shal l at a l l t imes be ful ly responsible for the acts, defaul ts and neglect of a l l of h is representat ives, agents servants, workmen and suppl iers and those of his sub-contractors and nominated sub-contractors.

b. MAN-POWER AND PLANT AND MACHINERY

The contractor shal l at his cost provide and instal l a l l equipment, mater ials, p lant, e lectro mechanical hoists , ladders and scaffolding, necessary for the execution of the works and shal l be funct ional at s i te t i l l the completion of works or as di rected by owner in conformity with the contract documents and to the sat i sfact ion of the Engineer- in-charge. Also, a l l machinery, tools, trucks, form work mater ial, man-power and everything e lse necessary for the proper and sat i sfactory execution and completion of the works in accordance with the contract document shal l be provided by the contractor at his own cost.

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The contractor shal l wi thin two days of the award of contract submit a complete l i st of his man-power and plant and machinery for the approval of the Engineer-in-charge which approval however shall not re l ieve the contractor of any of his responsibi l i t ies, obl igat ions and l iabi l i t ies under the contract. The contractor shal l augment his manpower and plant and machinery without extra cost to the owner whenever required or so di rected by the Engineer- in-charge in order to conform to the approved construct ion programme for the achievement of mi lestones and v i r tual complet ion.

c. SITE OFFICE ACCOMMODATION/ STORES

The si te of f ice accommodation for the contractor shal l be as per his own requirements and at his own cost, but shal l be subject to the approval of the Engineer-in-charge regarding the locat ion and si ze.

d. SECURITY

The contractor shal l at his cost provide at al l t imes adequate number of watchmen to guard the mater ials and equipment, to the sat i sfact ion of the Engineer- in-charge. The contractor shal l at al l t imes be ful ly responsible for the securi ty of al l mater ials ( inc luding c l ient suppl ied mater ials) and equipment on si te, whether his own or those of any sub-contractor inc luding nominated sub-contractor . Owner shall not be responsible for any loss due to theft , p il ferage, f i re acc ident or any other reasons, whatsoever .

e. WORK SHEDS

The contractor shal l at his cost provide, erect and maintain proper watert ight and weather proof sheds for the storage and protect ion of a l l construct ion mater ials and equipment, to the sat i sfact ion of the Engineer-in-charge.

f . WATER AND SANITARY CONVENIENCES

The owner shal l provide al l necessary dr inking water at f ree of cost and contractor shal l be permitted to use toi lets at the si te for the staf f and all workmen. The contractor shal l maintain such convenience in a c lean orderly condit ion and shal l clean, sani t i ze and deodor ize the ground after their removal and meet al l statutory requirements.

g. SCAFFOLDING, STAGING, GUARD RAILS, BARRICADES

The contractor shal l at his cost provide scaffolding, stag ing, guard rai l s, barr icades and safety barr iers around, a l l excavat ions, openings and at a l l edges temporary stai rs and other temporary measures required dur ing construct ion. The supports for the scaffolding, stag ing guard rail s, barr icades and safety barr iers and temporary stai rs shal l be strong, adequate for the particular si tuat ions, t ied together with hor izontal p ieces and braced proper ly. The temporary access to the various parts of the area under construct ion shal l be rig id and strong enough to avoid any chance of mishaps. The enti re scaffolding arrangement together with the stag ing, guard rai l s, barr icades and safety barriers and temporary stai rs shal l be to the approval of the Engineer- in-charge which approval shal l not re l ieve the contractor of any of his responsibi l i t ies, obl igat ions and l iabi l i t ies for safety and for t imely completion of the works.

h. TEMPORARY ROADS

The contractor shal l at his cost construct and maintain temporary roads/ access ways to sui t s i te requirements and avoid dusty atmosphere.

i . TEMPORARY LIGHTING

The contractor shal l make his own arrangement in respect of the provision of adequate l ight ing at a l l p laces where his workmen are engaged for carrying out the work in a proper safe and sat i sfactory manner .

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35. LABOUR REGULATIONS

a. REGULATIONS

The contractor shal l be whol ly and sole ly responsible for ful l compl iance with the provisions under al l labour laws and or regulat ions such as payment of Wages Act 1948/ latest , Employees L iabi l i ty Act 1938/ latest , workmen’s Compensation Act 192 3/ latest , Industr ia l D isputes Act 1947/ latest , the Mate rni ty Benef i t Act 1961/ latest , the Contract Labour (Regulat ion and Abol i t ion) Act 1970/ latest and the Factor ies Act 1948/ latest or any modi f ications thereof or any other law relat ing thereto and rules there under introduced from t ime to t ime. The contractor shal l assume l iabil i ty and shal l indemnify the owner f rom every expense, l iabil i ty or payment by reason of the appl icat ion of any labour law, act , rules or regulat ions exist ing or to be introduced at a future date dur ing the exist ing or to be introduced at a future date dur ing the currency of the contract. Insurance cover towards the above shal l be af fected by the contractor as called for e lsewhere.

In general , in respect of a l l labour di rect ly or indi rect ly employed in the works for the performance of contractor ’s part of the agreement, the contractor shal l comply with al l the rules f ramed by the government author i ties concerned from t ime to t ime for protect ion of the heal th and welfare of the workers. The contractor shal l obtain valid l icense under the Contract Labour (Regulat ion and Abol i t ion) Act 1970/ latest and the Contract Labour (Regulat ion and Abol i t ion) Central Rules 1971/ latest and under any other appl icable rules before the commencement of the work and continue to have a val id l icense unti l the complet ion of the work.

b. PAYMENT OF WAGES

The contractor shal l pay to labour employed by him ei ther direct ly or through sub-contractors in t ime wages not less than fai r wages as def ined in the appropr iate labour regulat ions act . He shal l al so abide by the minimum wages and other regulat ions appl icable to the labour engaged in the works, as la id down by the concerned local author i ties.

c. MODEL RULES

The contractor shal l at his own expense comply with or cause to be compl ied with, Model Rules for labour wel fare framed by government or other local bodies f rom t ime to t ime for the protect ion of health (spraying of pest ic ides every day) and for making sani tary arrangements, malar ia control and other such epidemics, etc . , for workers employed di rectly or indi rect ly on the works and in the workers hutment area.

d. SAFETY NORMS

The contractor should str ict ly fol low the safety guidel ines as prescribed by Consul tant / Engineer- in-Charge and 3 r d party safety agency should also be str ict ly adhered.

In respect of a l l labour , d i rectly or indi rect ly employed on the works for the performance and execution of the contractor ’s work under the contract, the contractor shal l at his own expense arrange for al l the safety provisions as l i sted in ( i ) safety code forming part of the contract documents ( i i) Bureau of Indian Standards ( i i i ) The E lectric i ty Act ( iv) The Mines Act and (v) Rules & Regulat ions and orders made there under and such other acts as appl icable.

Precautions as stated in the safety clause are the minimum necessary and shal l not preclude the contractor taking addi t ional safety precautions as may be warranted for the part icular type of work or si tuat ions. Also mere observance of these precautions shal l not absolve the contractor of his l iabi l i ty in case of loss or damage to property or injury to any person inc luding the contractor ’s labour , the owner , consul tant and Engineer-in-charge’s representat ives or any member of the publ ic or resul t ing in the death of any of these.

Protect ive gear such as safety helmets, safety boots, safety bel ts/ harness and safety nets, etc . shal l be provided by the contractor at his own cost to al l h i s manpower at si te. The contractor shal l impose such requirements on al l sub-contractors also. I t shall be the responsibi l i ty of the contractor to ensure that such protect ive gear i s worn at a l l t imes by al l personnel working at s i te.

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FIRE PRECAUTIONS: The contractors shal l take all precautions and preventive measures against f ire hazards at the si te, in his stores, workshop, labour camp, etc. and shal l assume ful l responsibi l i ty for the same.

The ent ire s ite shall be tobacco free zone. Usage of tobacco shall not be a l lowed with in the s ite.

The Engineer-in-charge shal l have the right to stop from working or impose f ine to any person v iolat ing any of the c lauses mentioned above.

In case the contractor fa i l s to make arrangements and provide necessary fac il i t ies as aforesaid, the owner shal l be enti t led to do so and recover the costs thereof f rom the contractor . The dec ision of the consul tant/ Engineer- in-charge in this regard shal l be final and binding on the contractor.

e. CHILD LABOUR

The contractor shal l not employ any labour less than 18 years of age on the job. If female labour i s engaged the contractor shal l make necessary provisions at his own expense for the safeguarding and care of smal l chi ldren and keeping them c lear of f the si te of operat ions. No chi ldren shal l be permitted on the construct ion si te.

36. CONTRIBUTION TOWARD EMPLOYEE BENEFITS, FUNDS, ETC.

The contractor shal l inc lude in his rates for a l l expenses necessary to meet his obl igat ions for making contr ibutions toward employee benef i ts funds (such as Provident Fund, old age pension i f any or any other benef i ts/ compensation payable by the contractor , etc . ) in compl iance with all the statutory regulat ions and requirements. Al l records in this connect ion shal l be properly maintained by the contractor and produced for scrutiny by the concerned author i t ies and the consul tant / Engineer- in-charge whenever called for .

37. SETTING OUT AND SITE SURVEYS

The contractor shal l establ i sh, maintain and assume responsibi l i ty for a l l bench marks and gr id l ines and al l other levels, l ines, d imensions and grades that are necessary for the execution of his work, in conformity with the contract documents. The contractor shal l establ i sh his benchmarks and grid l ines with reference to and in re lat ion to the permanent benchmarks and boundary l ines establ i shed at si te. The contractor shal l ver i fy and co-relate al l the survey data avai lable at s i te before commencing his work and shal l report any errors or inconsistenc ies to the Engineer-in-charge. Commencement of work by the contractor shal l be regarded as his acceptance of the correctness of a l l survey and sett ing out data avai lable at s i te and no c la ims shal l be entertained or al lowed in respect of any errors or discrepancies found at a later date. If at any time error in this regard appears dur ing the progress of the works, the contractor shal l at his own expense rect ify such error to the sat i sfact ion of the Engineer- in-charge.

The approval by the Engineer- in-charge of the sett ing out by the contractor shal l not re lieve the contractor of any of his responsibi l i t ies, obl igat ions and l iabi l i t ies under the contract.

The contractor shal l be enti re ly and exc lusively responsible for the horizontal , vert ical and other al ignment for a l l levels and dimensions and for the correctness of every part of the works and he shal l rect i fy ef fect ively any errors or imperfect ions therein. All such rect i f icat ions shal l be carr ied out by the contractor at his own cost and to the instruct ions and sat i sfact ion of the Engineer- in-charge.

The contractor shal l employ quali f ied surveyors to carry out al l the survey and sett ing out works.

38.DRAWINGS, SPECIFICATIONS, INTERPRETATIONS, ETC.

After the contract agreement i s s igned, the contractor shal l be furnished with three copies of the drawings or as mutual ly agreed and two copies of contract document without cost to him for his own use and for the use of his sub-contractors unti l the complet ion of the contract. Addi t ional copies of drawings and other contract documents over and above the mutual ly agreed number of copies wi l l be suppl ied on payment at actual cost basis.

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REFERENCE DRAWINGS: The contractor shal l maintain one set of a l l drawings i ssued to him as reference drawings. These shal l not be used on si te. Al l correct ions, deviat ions and changes made on si te shal l be shown on these drawings for final incorporat ion in the complet ion drawings.

In general , the drawings shal l indicate the dimensions, po si t ions and type of construct ion, the spec i f i cat ions shal l st ipulate the quali t ies and the methods and performance cri ter ia and the schedule of quanti t ies shal l indicate the provisional quanti t ies and the rates for each i tem of work. However, the above documents being complementary, what i s cal led for by any one shal l be as binding as if called for by al l .

In case of contradictory requirements between spec i f i cat ions and schedule of quanti t ies, the requirements g iven in schedule of quanti t ies shal l prevail .

Spec ial condit ions being mainly an ampl i fi cat ion of general condit ions, they shal l be read in conjunct ion with each other. In case of contradict ions spec ial condit ions shal l prevai l over general condit ions.

Any work indicated on the drawings and not mentioned in the schedule of quanti t ies or spec i f icat ions or v ice versa, shal l be deemed as though ful ly set forth in each. Work not spec i fi cal ly detai led, called for , marked or spec i f ied, shal l be the same as simi lar parts that are detai led, marked or spec i fied.

From t ime to t ime dur ing the progress of the works the contractor wi l l be i ssued with revisions of drawings as wel l as addi t ional drawings and wr i tten instruct ions in connect ion with and necessary for the proper execution and successful completion of the works. Al l such revisions of drawings and addi t ional drawings and wr i tten instruct ions shal l be part of the contract documents and the contractor shal l be bound to carry out the work that i s shown and detai led on all such drawings and shal l be bound to fol low and comply with al l such instruct ions.

Al l drawings and thei r subsequent revisions wil l be i ssued v ia l i st ing on transmittals by the Engineer- in-charge to the contractor . The contractor shal l maintain a drawing register l i st ing al l the drawings and thei r latest revisions. Al l superseded drawings shal l be so stamped and withdrawn from c i rculat ion at the si te. I t shal l be the responsibi l i ty of the contractor to ascertain and ensure that al l the work i s carr ied out in accordance with the latest revisions of the drawings i ssued to him. Should the contractor fa i l to do this, a l l the rect if i cat ions and remedial work that may be required to conform to the latest revision of the drawings shal l be at the contractor ’s cost .

Whenever i t i s mentioned in the condit ions of contract, spec i f i cat ions and other contract documents that the contractor shal l perform certain work or provide certain fac il i t ies, i t i s understood that the contractor shal l do so at his own cost, unless otherwise provided in the schedule of quanti t ies.

No deviat ions shal l be made by the contractor , in the execution of his work, f rom the drawings, spec i f i cat ions, schedule of quanti t ies and other contract documents. The consul tant’s interpretat ion of these documents shal l be final and binding on the contractor . Clar i f icat ions shal l be i ssued only by the consul tant, through the Engineer- in-charge. All the drawings i ssued from t ime to time by the Engineer- in-charge must bear the signatures and stamp of the consul tant.

The contractor shal l bring any errors or inconsistenc ies in the drawings and spec i fi cat ions to the attention of the Engineer-in-charge for interpretat ion or correct ion before proceeding with the af fected port ion of the works and no c la ims or losses al leged to have been caused by such discrepancies shal l be entertained or al lowed at any stage.

Local condit ions which may af fect the work shal l l i kewise be brought to the attention at once of Engineer-in-charge. I f at any t ime i t i s d iscovered that work which has been done or i s being done i s not in accordance with the approved drawings and spec i f i cat ions, the contractor shal l correct the work immediately. Correct ion of such work shal l be at the expense of the contractor and shal l not form a basis for any c laims for payment or extension of time. The contractor shal l carry out al l the rect i f i cat ion work only after obtaining approval for the same from the Engineer- in-charge.

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No scal ing of any drawing shal l be done to obtain the dimensions. Figured dimensions on the drawings shal l be used for carrying out the work. Drawings with large scale detail s shal l take precedence over smal l scale drawings. Where any drawings and detail s have not been provided but are necessary for the execution of the work, i t shal l be the responsibi l i ty of the contractor to seek these drawings and detai l s in wr i t ing f rom the Engineer- in-charge at least four weeks pr ior to the latest date by which the contractor needs these drawings and detai l s to sui t the programmed execution of the works. No extension of t ime shal l be al lowed for any delays caused due to the contractor ’s fa i lure to seek such detai l s.

Al l drawings, schedule of quanti t ies, spec i f i cat ions and other contract documents and al l copies thereof furnished by the consul tantt are his property. They shal l not be used on any other work and shal l be returned to him at his request or at the completion of the contract.

39.ASSIGNMENT AND SUB-LETTING

The contractor shal l not assign this contract or sub- let any part of the works without the wr i tten consent of the Engineer-in-charge. Any permission to sub- let parts of the works shal l not rel ieve the contractor f rom any of his responsibi l i ties, obl igat ions and l iabi l i t ies under this contract, inc luding disorderly conduct by the sub-contractors.

40.SEPARATE CONTRACTS

The owner reserves the r ight to let other contracts in connect ion with the project works. The contractor shal l af ford other contractors reasonable opportuni ty for their access to the project works, for the storage of thei r materials and for the execution of thei r work, or i f spec i f ied g ive assistance to such contractors for such purposes as are spec i fied. The contractor shal l proper ly connect and coordinate his work with that of the other contractors. I f any part of the contractor ’s work depends for proper execution or resul ts upon the work of any other contractor , the contractor shal l inspect and promptly report to the Engineer- in-charge any defects in such work that render i t unsui table for such proper execution and resul ts. The contractor ’s fa i lure to so inspect and report shal l const i tute an acceptance of the other contractor ’s work as f i t and proper for receiving the work of the contractor.

41. CO-ORDINATION OF WORK

At the commencement of work and from t ime to t ime, the contractor shal l confer with other contractors, sub-contractors, persons engaged on separate contracts in connect ion with the project works, the suppl iers, and with Engineer- in-charge for the purpose of the co-ordinat ion and execution of various phases of the project works. The contractor shall determine and ascertain f rom the other contractors, sub-contractors and persons engaged on separate contracts, in connect ion with the project works, the extent of a l l chasing, cutt ing and forming of a l l openings, holes, detai l s of a l l inserts, s leeves, etc . that are required to accommodate the var ious services.

The contractor shal l determine and ascertain the routes of a l l services and the posi t ions of a l l f loor and wal l openings, out lets, traps, the detai l s of a l l inserts, equipment and services and shal l carry out the construct ion and making good of al l “bui lder ’s work” in accordance with and as shown, descr ibed and or measured in the drawings, spec i f icat ions, sched ule of quanti t ies and other contract documents. Also, the contractor shal l ensure that al l required services, inserts , s leeves, embedment, etc . are in place/ posi t ion before he proceeds with his work. Should the contractor fa i l to comply with these requirements and the consequence of such fai lure necessi tates the breaking, re-doing and making good of any work, then the cost of a l l such breaking, re-doing and making good of any work shal l be to the account of the contractor and shal l be borne by him. No breaking and cutt ing of completed work shal l be done unless spec if i cal ly author ised in wr i ting by the Engineer-in-charge. No work shal l be done over broken or patched work without f i rst ascertaining that the broken surface i s adequately prepared and reinforced to receive and hold further work, as determined by the Engineer- in-charge.

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42. MATERIALS, WORKMANSHIP, STORAGE, INSPECTIONS, ETC.

42.1 MATERIALS AND WORKMANSHIP

Al l materials and equipment to be incorporated in the works shal l be new. The materials, equipment and workmanship shal l be of the best qual i ty of the spec i f ied type, in conformity with contract documents and the best engineering and construct ion practices and to the complete sat i sfact ion of the Engineer- in-charge. This requirement shal l be str ict ly enforced at a l l times and stages of the works and no pleas whatsoever shal l be entertained on the grounds of anything to the contrary being the prevai l ing pract ice. The contractor shal l immediately remove from the works any materials, equipment and or workmanship which, in the opinion of the Engineer- in-charge, are defect ive or unsui table or not in conformity with the contract documents and best engineer ing and construct ion pract ices and the contractor shal l replace such rejected mater ials, equipment and or workmanship with proper , spec i f ied and approved mater ials, equipment and or workmanship, a l l at his own cost within a per iod of 7 (seven) days f rom the date of i ssuance of such notice. The contractor shal l , whenever required to do so by the Engineer- in-charge, submit sat i sfactory evidence and necessary test resul ts as to the kind and qual i ty of the mater ials and equipment.

42.2 SPECIAL MAKES OF BRANDS

Where spec ial makes or brands are called for , they are mentioned as a standard. Others of equivalent qual i ty may be used provided that consul tant considers the subst i tuted mater ials as being equivalent to the brand spec i f ied and approval for the use of such subst i tuted mater ials i s obtained in wr i t ing f rom the consul tant through the Engineer- in-charge. Unless sub st i tut ions are approved by the consul tant, no deviat ions f rom the spec i f i cat ions and other contract documents shal l be permitted.

Al ternative equivalent brands i f suggested by contractor dur ing construct ion may be considered provided the suggested brand ful ly meets the requirements and subject to the condit ions of contract and i s acceptable to the Engineer- in-charge.

42.3 PROPER SCHEDULING AND DELIVERY OF MATERIALS

Al l materials and equipment shal l be scheduled and del ivered so as to ensure a speedy and uninterrupted progress of the work and the same shal l be proper ly stored. Where after permission has been sought and obtained from the Engineer-in-charge, any mater ial or equipment i s kept on any port ion of the structure, this shal l be done in such a manner as to prevent any over loading whatsoever of the structure, to the complete sat i sfact ion of the Engineer-in-charge. The cost assoc iated with any damage to any port ion of the structure in this respect shal l be to the account of the contractor and shal l be borne by him.

42.4 LIST OF MATERIALS

Within one week of the signing of the contract agreement, the contractor shal l submit for the approval of the consul tant and the Engineer- in-charge a complete l i st of a l l mater ials and equipment the contractor and his sub-contractors propose to use in the works, of def ini te brands or makes, which dif fer in any respect f rom those spec i f ied, or the part icular brand where more than one i s spec if ied as standard. The contractor shal l a l so l i st i tems not spec if i cal ly mentioned in the contract documents but which are reasonably inferred and are necessary for the proper execution and successful complet ion of the works.

42.5 STORAGE OF MATERIALS AND EQUIPMENT AT SITE

The contractor shal l , at his own cost, provide adequate storage sheds and yards at s i te , at locat ions approved by the Engineer- in-charge, for a l l mater ials and equipment that are to be incorporated in the works. This shal l be for a l l the mater ials and equipment, suppl ied by the contractor or any sub-contractor . In addi t ion to being water-t ight and weatherproof , the storage fac il i t ies shal l be of such a manner that all the mater ials and equipment are adequately protected in every way from any deter iorat ion or contamination or damage whatsoever and to the complete sat i sfact ion of the Engineer-in-charge.

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Should any of the mater ials or equipment deter iorate or be contaminated or damaged in any way due to improper storage or for any other reason, such mater ials and equipment shal l not be incorporated in the works and shal l be removed forthwith f rom the si te and the replacement of a l l such mater ials and equipment shal l be enti re ly at the cost and expense of the contractor . The contractor shal l be responsible for a lso providing, at his own cost, proper and adequate secur i ty for a l l the mater ials and equipment stored at si te so as to prevent any theft , p i lferage, etc .

Should delays be caused on account of removal and replacement of any materials or equipment or on account of any lack of secur i ty, the contractor shal l not be enti t led to any extension of t ime.

Wherever appl icable the storage of mater ials shal l be in accordance with the relevant Indian Standard spec i f i cat ions.

Cement storage capaci ty of contractor shal l be adequate to store substantial quanti ty of cement, keeping in v iew the schedule of work.

Coarse and f ine aggregates shal l be stored over hard concrete base or paved br ick platforms. Reinforcement bars shal l be stored diameter-wise over raised sleepers and protected from rain in sui table manner as approved by the Engineer- in-charge.

42.6 OWNER SUPPLIED MATERIALS

The owner reserves the r ight to supply any mater ial at s i te at one point being contractor ’s godown/ yard. These spaces shal l be at locat ions and si zes jointly worked out by the contractors, E -in-C and owner .

For mater ials suppl ied by the owner , contractors shal l work out the quanti ty of mater ials required and shal l indent the same wel l in advance or as per mutual ly agreed periodic i ty.

The supply of mater ials by the owner shal l be in the godown/ yard of the contractor . In the event that these mater ials cannot unloaded at contractor ’s godown/ yard due to log ist ics, insuff ic ient space, etc . , then mater ials shal l be unloaded at appropr iate place as deemed f i t by the owner . Shi f t ing of mater ials f rom such temporary spaces/ places to the work place of contractor ’s godown shal l be done by the contractor at his own cost and r i sk.

The quanti ty of requirement for consumptions shal l be based on the indents raised by the contractor with mutual ly agreed lead t ime for procurement and per iodic i ty. The owner there upon shal l procure such quanti t ies of mater ials indented and i ssue the same to the contractors. Any excess mater ials indented after consider ing the wastages indicated e lsewhere in the tender , shal l be recovered at highest purchase cost ( landed at si te) with a markup of 25%.

The contractor shal l be ful ly responsible for the safe custody inc luding preservat ion and stacking of mater ials suppl ied to him by the owner for incorporat ion in the works. The onus of test ing of a l l owner suppl ied mater ials shal l rest with the contractor; the cost shal l be borne by the contractor .

The contractor shal l return al l scraps, wastage, unused left over mater ials at designated storage points indicated by owner/ consul tant, neat ly stacked and accounted for any point before certi f i cat ion of pre-f inal b i l l .

42.7 RIGHT TYPE OF WORKMEN, PLANT AND MACHINERY, JIGS, TOOLS, ETC.

The contractor shal l employ the r ight type of workmen, plant and machinery, j igs, tools, etc . to fabr icate and or instal l a l l mater ials and equipment. They shal l be fabr icated and or instal led without any damage and in accordance with the manufacturer ’s instruct ions and manuals and to the sat i sfact ion of the Engineer-in-charge.

42.8 INSPECTION

Al l materials, equipment and workmanship shal l be subject to inspect ion, examination and test ing at a l l t imes and stages dur ing construct ion, manufacture and or instal lat ion, by the Engineer- in-charge, consul tants and they shal l have the r ight to reject and order the removal and replacement of any defect ive mater ial , equipment and or workmanship or require i ts correct ion and rect i f icat ion. The contractor shal l not proceed with any operat ion or sequence or trade of the works unti l the previous operat ion or sequence or trade has been inspected and approved by the consul tant/ Engineer- in-charge.

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No embedded i tems or any other work shal l be covered up unless these have been inspected and approved by the Engineer- in-charge. The onus shal l be on the contractor to get such inspect ions carr ied out and obtain such approvals. Should the contractor fa i l to comply with these requirements, then al l addi t ional or redoing of work necessi tated as a consequence thereof shal l be at the contractor ’s cost and expense. No inspect ion or approval shal l rel ieve the contractor of any of his responsibi l i t ies, obl igat ions and l iabi l i t ies under the contract. No defect ive workmanship shal l be repaired or patched up in any way without inspect ion and di rect ion of the Engineer- in-charge.

Rejected workmanship shal l be corrected and rect i f ied and rejected mater ials and equipment shal l be removed and replaced with proper , spec i f ied and required materials and equipment by the contractor to the approval and sat i sfact ion of the consul tant and Engineer- in-charge. The cost of a l l such correct ion and rect i f icat ion and such removal and replacement shal l be to the account of the contractor and shal l be borne by him and also, the contractor shal l be responsible for a l l delays in this regard.

The contractor shal l furnish promptly and without any charge, a l l fac il i t ies, access, labour , mater ials, p lant and tools required and necessary for enabling the Engineer- in-charge, consul tants to carry out inspect ions and tests in a safe and convenient manner .

42.9 TESTING

Al l the tests on materials, inc luding those that are suppl ied by owner , equipment and workmanship that shal l be necessary in connect ion with the execution of the work, as decided by the Engineer- in-charge and as cal led for in the contract documents, shal l be carr ied out at the cost of the contractor at the place of work or of manufacture or fabr icat ion or at s ite or at an approved test ing laboratory or at al l or any such places. The contractor shal l provide al l assi stance, instruments, machines, labour and mater ials as are required for the examining, measur ing and test ing as descr ibed above and al l expenses connected with the tests and as descr ibed above shal l be borne by the contractor .

42.10 TEST CERTIFICATES

The contractor shal l furnish, at his own cost, test cert i f icates for the var ious mater ials and equipment as cal led for by the Engineer- in-charge. Such test cert i f i cates shal l be for the part icular consignment/ lot/ piece as dec ided by the Engineer- in-charge. The detai l s in respect of the test cert i f i cates shal l be as dec ided by the Engineer- in-charge for the re levant i tems.

42.11QUALITY ASSURANCE

The contractor shal l establ i sh an ef fect ive qual i ty control system and implement same through a spec ial ce l l consist ing of qual i fied experienced engineers and technical personnel to enforce qual i ty control on al l i tems of work at a l l stages. The detai l s of same shal l be furnished as cal led for .

43. SAMPLES, SHOP DRAWINGS

After the award of the contract, the contractor shal l furnish for the approval of the consul tant through Engineer-in-charge, a l l samples of mater ials and shop drawings cal led for in contract documents or required by the Engineer- in-charge. The samples and shop drawings shal l be del ivered as di rected by the Engineer-in-charge. No extra payment shal l be due to the contractor for submission of material sample and preparat ion of shop drawings. A schedule g iv ing dates of the submission of samples and shop drawings shal l be inc luded in the time schedule.

43.1 SAMPLE:Samples/ mater ials approved by Engineer- in-charge, consul tant/ owner shal l be kept at s i te under safe custody of Engineer- in-charge and on completion of the work handed over to owner .

43.2 SHOP DRAWINGS : The contractor shal l submit shop drawings to the consul tants through Engineer-in-charge for scrut iny and approval. Shop drawings shal l be submitted general ly for those i tems of works as indicated in the BOQ and Technical Spec if i cat ions. The contractor shal l submit catalogues, manufacturers’ drawings, equipment character ist ics data and performance charts, etc . , as required by Engineer- in-charge.

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44. CONSTRUCTION PROGRAMME AND PROGRESS REPORTS

44.1 INTEGRATED PROGRAMME CHART

The contractor shal l prepare integrated programme charts for the execution of the works, showing c learly a l l the act ivi t ies of work required to be carr ied out f rom the commencement of the works up to thei r complet ion, with detail s of manpower and plant and machinery required for the ful f i l lment of the programme and submit the same for approval to the Engineer-in-charge within 2 weeks of the award of contract. Such programme charts shal l be based upon and be within the parameters and t ime schedules enumerated in the master programme prepared by the Engineer- in-charge for the execution and complet ion of the overal l projects works.

The programme chart of the contractor shal l incorporate the mi lestones shown in the master programme and shal l inc lude the following:

a. Descr ipt ive notes explaining the sequence of various act iv i t ies.

b. Construct ion mater ials - status and mobi l i sat ion programme ( fortnight ly) for next fortnight.

c . Schedule of submissions by the contractor of samples and shop drawings.

d. Progress dig i tal photographs ( fortnight ly)

Every week, or sooner i f required by the Engineer- in-charge, the approved programme charts shal l be reviewed in relat ion to the actual progress of work and shal l be updated as necessary. I f at any t ime, i t appears to the Engineer- in-charge that the actual progress of the work does not conform to the approved programme, the contractor shal l produce a revised programme showing the modi f ications to the approved programme and the addi t ional input of resources by the contractor necessary to ensure completion of the works within the t ime st ipulated for complet ion.

The submission to and approval by the Engineer-in-charge of such programme or the furnishing of such part iculars shal l not re l ieve the contractor of any of his responsibi l i t ies, obl igat ions and l iabi l i t ies under the contract.

44.2 SITE REGISTER AND DAILY REPORTS

The contractor shal l submit dai ly s i te reports to the Engineer- in-charge in a prescr ibed format. The contractor shal l a l so maintain at the si te a works diary showing an accurate record of the progress of the work i tem-wise, the number of men employed under each trade, plant and machinery at s i te , the weather , temperature and other aspects having a bear ing on the work. The works diary shal l be made avai lable for inspect ion by the Engineer-in-charge whenever cal led for .

44.3 WEEKLY PROGRESS REPORT

The contractor shal l submit in duplicate to the Engineer- in-charge, in a format approved by the Engineer-in-charge, a weekly report g iving an accurate record of the progress of the work, the number of men employed in each trade, l i st of plant and machinery at s i te , the weather , temperature, v i si tors to the si te and any other events influencing the progress of the work. Photographs shal l be submitted along with all such reports, p ictor ial ly demonstrat ing the progress of the work, every fortnight.

45. BUREAU OF INDIAN STANDARDS

A reference made to any Indian Standard spec i f icat ions in the contract documents shal l imply reference to the latest version of that standard, inc luding such revisions/ amendments as may be i ssued, dur ing the currency of the contract, by the Bureau of Indian Standards and the corresponding clause/s therein shal l hold val id in place of those referred to. The Contractor shal l keep copies of a l l latest publicat ions of re levant Indian Standard spec i f i cat ions appl icable to the works at s i te , as l i sted in the spec i fi cat ions.

Amendments to BIS codes announced before f inal i sat ion of contract shal l be followed. Financial impl icat ions i f any, due to same, wi l l be taken into considerat ion.

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46. TOLERANCES

The contractor shal l exerc ise every care to ensure that al l structural members are plumb and true to l ine level and dimensions cal led for on the drawings, for the purposes of structural requirements as wel l as in order to receive f in ishes, equipment and simi lar i tems. The detai l s of the f in ishing i tems are based upon al lowing tolerances as per the most str ingent requirements la id down in the contract documents/ Indian Standard spec i f i cat ions/ Best Trade Pract ices and the l imits of tolerances shal l be in str ict conformity with such Documents and Standards. Any var iat ions beyond such l imits shal l require, in accordance with the di rect ions and to the approval of the Engineer- in-charge, rect i fi cat ions in the structural members and or wal l openings or the remaking or replac ing of the f in ishing e lements and or equipment, fabricated to f i t into the openings or spaces shown on the drawings. Al l such rect i fi cat ion or remaking or replac ing of work shal l be carr ied out by the contractor at his own cost and expense and he shal l be responsible for al l delays in this regard. All such costs and expenses shal l be recovered from the contractor and shal l be deducted by the owner f rom any money that may be payable or that may become payable to the contractor .

In case of separate contracts and nominated sub-contracts, the contractor or sub-contractor whose work does not conform to the dimensions and l imits of tolerances spec i fied in the contract documents and or the Indian Standard spec i f icat ions shal l be l iable for a l l costs and expenses incurred for rect i f icat ions and or replacements of any other contractor ’s and or sub-contractor ’s work required, in accordance with the di rect ions of the Engineer- in-charge, for the proper instal lat ion of the f in ishing e lements and or equipment, and or for this respect shal l be f inal and binding on the contractors and sub-contractors, f rom the pert inent contractors and sub-contractors and shal l be deducted by the owner f rom any money that may be payable or that may become payable under the contract to such pertinent contractors and sub-contractors.

47. PROTECTION AND CLEANING OF WORKS AND CLEARING OF SITE

47.1 PROTECTION OF WORKS

The contractor shal l take ful l responsibi l i ty for the proper care and protect ion of the works f rom commencement of work ti l l completion and handing over of work to Engineer- in-charge. The contractor shal l protect and preserve the works in every way from any damage, fi re or accident, inc luding by providing temporary roofs, boxing, sui table nets to protect against fal l ing part ic les or other construct ion as required by the Engineer-in-charge. This protect ion shal l be provided for a l l property on the si te as wel l as adjacent to the si te. The contractor shal l adequately protect to the sat i sfact ion of the Engineer-in-charge, a l l the i tems of fin ishing work to prevent any chipping, cracking, breaking of edges or any damage of any kind whatsoever and to prevent such work f rom gett ing marked or stained or di r ty. Should the contractor fa i l to protect the works or any part thereof and should any damage be caused to the same, the contractor shal l be responsible for a l l replacement and rect i f i cat ion, as di rected by the Engineer-in-charge and al l costs and expenses in connect ion with such replacement and rect if i cat ion shal l be to the account of the contractor and shal l be borne by him.

The contractor shal l in connect ion with the works provide and maintain at his own cost a l l l ights, secur i ty guards, fenc ing and anything e lse necessary for the protect ion of the works and for the safety of the publ ic and everyone assoc iated with the works, a l l to the approval and sat i sfact ion of the Engineer- in-charge.

Al l operat ions necessary for the execution of the works shal l be carr ied out so as not to interfere with the convenience of the publ ic , or with the traf f ic , or the access to use and occupation of publ ic or private roads and foot paths or of properties whether in the possession of the owner or of any other person. The contractor shal l save harmless and indemnify the owner in respect of a l l c la ims, proceedings, damages, costs , charges, and expenses whatsoever ar i sing out of or in re lat ion to any such matters.

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47.2 CLEANING OF WORKS AND CLEARING OF SITE

The contractor shal l maintain the si te and al l works thereon in neat, clean and t idy condit ions at a l l t imes. The contractor shal l proper ly clean the work as it progresses and shal l remove all rubbish and debr is f rom the si te at a l l levels on dai ly basis and as di rected by the Engineer- in-charge.

Just pr ior to the v ir tual complet ion of the works, or whenever so directed by the Engineer- in-charge, the contractor shal l carry out all the work necessary to ensure that the si te i s c lear and the works are c lean in every respect, the surplus mater ials, debr is, sheds and al l other temporary structures are removed from si te, the areas under f loors are cleared of rubbish, the gutters and drains are c leared, the doors and sashes are eased, the locks and fastenings are oiled, a l l e lectr ical , p lumbing and other services are tested and commissioned, the keys are c learly labeled and handed to the Engineer-in-charge, so that at the t ime of v i r tual completion the whole si te and the works are left fi t for immediate occupation and use, to the approval and sat i sfact ion of the Engineer- in-charge.

Should the contractor fa i l to comply with the c leaning requirements, whether progressively or before complet ion, or fai l to c lear the si te as directed and required, then the Engineer-in-charge, after g iv ing due notice in wr i ting to the contractor , shal l have the r ight to employ other persons or agencies to carry out the c leaning and or c learing work and al l costs incurred on such work shal l be recovered from the contractor and shal l be deducted by the owner from any money that may be payable or that may become payable to the contractor.

47.3 DEBRIS CHUTE

Contractor at his own cost shal l construct a c losed chute meant for dumping debr is generated dur ing construct ion act iv i t ies. Chute shal l be dismantled and c leared before handing over the si te. Debris col lected shal l be cleared off the si te at regular intervals in order to keep the si te f ree of debr is.

48. METHOD OF MEASUREMENT

For measur ing of a l l work, the standard method of measurement in accordance with the standards la id down by Bureau of Indian Standards ( IS: 1200 - latest version) shal l be followed. However , i f defini te methods of measurements are st ipulated in the schedule of quanti t ies or other documents, then the same shal l supersede BIS methods and shal l be followed. In the event of any dispute with regard to the method of measurement of any work, the dec ision of the consul tant/ Engineer-in-charge shal l be f inal and binding and no extra c la ims shal l be entertained or allowed at any stage in this regard. Where measurements and or levels need to be ver i fied and recorded by the Engineer- in-charge pr ior to the contractor proceeding with the work, the onus shal l be on the contractor to get such measurements and or levels veri f ied and recorded by the Engineer- in-charge.

49. COVERING UP

The contractor shal l give at least seven working days c lear notice to the Engineer- in-charge before cover ing up any of the work in foundations or any other such areas in order that proper measurements may be taken of the work as executed. In the event of the contractor fa i l ing to provide such notice he shal l , at his own expense, uncover such work as required to al low the measurements be taken and thereafter shal l re instate the work to the sat i sfact ion of the Engineer- in-charge.

50. PAYMENTS AND SECURED ADVANCE

50.1 PAYMENTS FOR EXECUTED WORK

a. The contractor shall submit the proof of deposit of ESIC, PF and other statutory compliances, with receipts duly acknowledged by the statutory authorit ies a long with the monthly running account b i l ls ( in the spec if ied format approved by E- in-C ) as and when submitted to the owner. Copies of registrat ion cert if icates under ESIC & PF shall be submitted to the owner. Monthly Running account b i l ls wil l not be processed in the event of fa i lure to attach the above said documents/details to it .

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The bi l l shal l be duly supported by detai led measurements and sketches as required, i f the bi l l s are not submitted along with the support ing documents consist ing of but not l imited to reconci l iat ion statement for owner suppl ied mater ials, support ing checklists , drawings showing coloured port ions for which bi l l i s c la imed, joint measurement records, etc . , then the date of submission of a l l re levant support ing documents would be considered as date of submission of bi l l .

The contractor on submitt ing the bil l i s ent i t led to receive payment proport ionate to the part work thereof executed to the sat i sfact ion of the Engineer- in-charge whose cert i f i cate of the sum so payable shal l be f inal and conclusive against the contractor . Al l such intermediate payments shal l be regarded as payments by way of advance against the f inal payment only and not as payments for work actually done and completed and shal l not prec lude the requiring of bad, unsound and imperfect or unski l led work to be removed and taken away and reconstructed or re-erected or be considered as an admission of the due performance of the contract or any part thereof in any respect or the accruing of any c la im nor shal l i t conclude, determine or af fect in any way the powers of the Engineer- in-charge under these condit ions or any of them as to the f inal sett lement and adjustment of the accounts or otherwise or in any other way vary or af fect the contract.

The f inal b i l l shal l be submitted by the contractor within one month of the date of the cert i f i cate of complet ion of the work or of the date of the cert i f i cate of completion furnished by the Engineer- in-charge and payment shal l be made within a per iod of as st ipulated e lsewhere in the document.

The contractor shal l submit a l i st of the disputed i tems within thi r ty days f rom the disal lowance thereof and i f he fai l s to do this his c la im shal l be deemed to have been ful ly waived and absolutely ext inguished.

No further cla im shal l be made by the contractor after submission of the f inal b i l l and these shall be deemed to have been waived and ext inguished.

b. From every interim bi l l , a sum equal to f ive percent (5%) of the value of work done shal l be deducted and held as retention money by the Engineer- in-charge. 50% of the retention money shal l be re leased to the contractor after v i r tual complet ion of work against submission of Bank guaranty equal to 5% of retention money. . The balance 50% shal l be re leased along after the expiry of the defects l iabi l i ty per iod. Such amounts withheld, as retention money by the Engineer- in-charge shal l not carry any interest over the pr inc iple amount what so ever.

c . The contractor shal l submit a l l b i l l s in the approved format (hard and soft copies) duly supported by detai led measurements and the charges in the bi l l s shal l a lways be entered at the rates spec i fied in the contract or in the case of any extra work ordered in pursuance of these condit ions and not mentioned or provided for in the tender at the rates hereinafter provided for such work.

Al l payments due under the contract shal l be paid within 15 days of bil l cert i fi cat ion by means of crossed cheque to the contractor account payee only.

51. WITHHOLDING OF PAYMENTS

The Engineer-in-charge may withhold payment or , on account of subsequently discovered evidence, nul l i fy the whole or a part of any payment cert if i cate to such extent as may be necessary to protect the owner f rom loss on account of the following:

1. Defect ive work pointed out by the consul tant and Engineer- in-charge and not remedied by

the contractor .

2. Fai lure of the contractor to make payments proper ly and regularly to his own workers, to his

sub-contractors, to his suppl iers, or to nominated sub-contractors.

3. Damage by the contractor to the work of other contractors or sub-contractors.

4. A reasonable doubt that the contract cannot be completed for the balance unpaid amount.

5. A reasonable doubt that the contractor intends to leave work/i tems incomplete.

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6. Fai lure of the contractor to execute the works in conformity with the contract documents.

7. Fai lure of the contractor to meet or keep up with the approved construct ion programme and

the milestone events.

8. Fai lure of the contractor to comply with and ful fi l l a l l contractual obl igat ions and l iabi l i t ies

st ipulated in the contract documents.

9. Poor housekeeping.

10. Not adher ing to safety norms.

52. RECTIFICATION OF IMPROPER WORK NOTIFIED BY AUTHORITIES

I f i t shal l appear to the consul tant or Engineer- in-charge that any work has been executed with unsound, imperfect or unski l l fu l workmanship or with mater ials of any infer ior descr iption to that contracted for or otherwise not in accordance with the contract, the contractor shal l on demand in wr i t ing forthwith rect i fy or remove and reconstruct the work so spec i f ied in whole, or in part as the case may require remove the materials or art ic les so spec i fied and provide other proper and sui table mater ials or art ic les at his own proper charge and cost.

53. VARIATIONS, ADDIT IONS, DELETIONS IN THE WORKS

I f at any t ime dur ing the execution of the works, i t i s deemed expedient or necessary by the Engineer- in-charge, on the wri tten instruct ions of the consultant, to order materials or work of a di f ferent descr ipt ion or nature from that spec i fied, or to al ter thei r s i tuat ion, or vary the form or dimensions of the works or of any part thereof , or to subst i tute one c lass of work for another , or to change the sequence for the di f ferent port ions of work to be executed, he shal l have ful l powers to do so and to order and direct any such var iat ions or addi tions or delet ions in the works.

Such var iat ions or addi t ions or deletions in the works shal l not annul this contract in any way. The t ime for the complet ion of the work shal l be extended in proport ion that the al tered, addi t ional , subst i tuted work bears to the orig inal contract work as cert if ied by Engineer- in-charge.

The rates for a l l addi t ional , a l tered or subst i tuted work shal l be determined in accordance with the fol lowing provisions and order of precedence:

a. I f the rates for the addi tional , a l tered or subst i tuted work are spec i f ied in the contract for the works, the contractor i s bound to carry out the addi t ional , a l tered or subst i tuted work at the same rates as those spec i f ied in the contract.

b. I f the rates for the addi tional , a l tered or subst i tuted work are not spec i f i cally provided in the contract for the works, then such rates shal l be der ived from the rates that are spec i f ied for a simi lar c lass of work in the contract. The Engineer- in-charge’s interpretat ion as to what i s a similar class of work and his dec ision on the method in which the rate i s to derived shal l be f inal and binding on the contractor .

c . I f the rates for the addi tional , a l tered or subst i tuted work cannot be determined in the manner spec i f ied in sub-c lauses (a) and (b) above, then the rates for such work shal l be determined on the basis of required consumption of materials and required use of labour and plant and machinery, as detai led below:

7. Cost of mater ials suppl ied by the contractor , at prevai l ing market rates, actual ly

incorporated in the work.

8. Cost of labour actual ly used at the si te on the work, at prevai l ing rates of labour .

9. 3%(Three percent) for plant, tools & tackles and machiner ies etc. ,

10. 15% (Fi f teen percent) of the actual costs in respect of ( i) , ( i i) and (i i i ) towards

contractor ’s establ i shment, safety, overheads and prof i t . Appl icable taxes wi l l be paid

at the prevail ing rate.

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But i f the contractor and the Engineer-in-charge cannot agree on a rate as determined in accordance with this sub-c lause, then the Engineer- in-charge may order and di rect the work to be carr ied out by such other persons or agencies as he may think f i t and such other persons or agencies shal l be permitted by the contractor to enter upon the works for the purpose of carrying out such work. The contractor shal l not be enti t led to any payment whatsoever in connect ion with such work.

The contractor should submit the analysis before commencement of works or within 7 days f rom the date of instruct ion g iven to him. Before any extra work or work of an al tered value or c lass i s undertaken by the contractor , he shal l procure an order in wr i ting f rom the Engineer- in-charge for carrying out such extra or var iat ion work. The contractor shal l not be enti t led to any payment for such extras or var iat ions unless he produces the wri tten order for the same. The contractor shal l not be enti t led to plead that the Engineer-in-charge did not provide such wr i tten order , as i t i s to be dist inct ly understood that the responsibi l i ty for obtaining such order shal l be that of the contractor.

The contractor shal l not be enti t led to any other rates than the rates in the contract for the works on any plea that the work was in a di f ferent posi t ion, or of a di f ferent c lass f rom or in a more di f f i cul t posi t ion than that shown on the drawings or descr ibed in the spec i f i cat ions or schedule of quanti t ies or carr ied out under c ircumstances not contemplated in the spec i f i cat ions or schedule of quanti t ies or other contract documents, or for any other such reason.

The contractor shal l at monthly intervals submit to the Engineer-in-charge an account g iv ing part iculars, as ful l and detai led as possible, of c la ims for any var iat ions or addi t ional work ordered in wri t ing by the Engineer-in-charge and which the contractor has executed dur ing the preceding month.

The Engineer-in-charge shal l after carrying out the necessary checks in accordance with the terms of the contract, re ject or a l ter or cert i fy as the case may require, such cla ims. No c laim for any such work wi l l be considered which has not been inc luded in such part iculars. Any c la im not inc luded in the f inal b i l l shal l be deemed to have been waived.

54. VIRTUAL COMPLETION OF WORKS

The works shal l be considered as v i r tual ly complete only upon fulf i l lment of the procedure laid down in re levant c lause and only after the works have been completed in every respect in conformity with the contract documents and after a l l the systems and services have been tested and commissioned and after the si te has been c leared and the works c leaned as cal led for and when the Engineer- in-charge has cert i f ied in wr i t ing that the works are v i r tually complete. The defects l iabil i ty per iod shal l commence from the date of such cert i f icate of vi r tual complet ion.

Before v ir tual complet ion, should the owner decide to occupy any port ion of the works or use any part of any equipment, the same shal l not const i tute an acceptance of any part of the works or of any equipment, unless so stated in wr i t ing by the Engineer- in-charge.

Pr ior to the i ssue of the v i r tual complet ion cert if i cate, the contractor shal l submit and hand-over to the Engineer-in-charge the keys to all locks, a l l operat ion and maintenance manuals for systems and services, any spares cal led for in the contract and everything e lse necessary for the proper use and maintenance of the works complete with al l systems and services.

55. TIME FOR COMPLETION

TIME - ESSENCE OF CONTRACT

The t ime allowed for carrying out the work as entered in the tender shal l be str ictly observed by the contractor and shal l be deemed to be of the essence of the contract and shal l be reckoned from the date of commencement of work. The work shal l be carr ied out with due di l igence throughout the st ipulated per iod of the contract. The contractor shal l prepare a t ime schedule keeping in view the completion per iod st ipulated for spec i f i c port ions of work and also the overal l complet ion t ime and submit the proposed schedule for the approval of the Engineer- in-charge.

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55.1 NO COMPENSATION FOR DELAYS

The contractor shal l not be enti t led to any compensation for any loss suffered by him on account of delays in commencing or in executing or in complet ing the works, whatever might be the cause of the delay. Such delays shal l inc lude but not be l imited to delays for which extension of t ime may be granted or delays ar i sing out of modi ficat ion to the work entrusted to the contractor or in any sub-contracts connected therewith or delays in awarding contracts for other trades of the project or in commencement or complet ion of such works or in procuring government control led or other bui ldings mater ials or in obtaining water and power connections for construct ion purposes or for any other reason whatsoever , no c la im in respect of compensation or otherwise, as the resul t of extension granted under above clause shal l be admitted.

56. PROPRIETARY OF EXECUTED WORK

Al l executed work, whether in part or in whole, shal l be the exclusive property of the owner . The contractor or any of his sub-contractors or thei r employees or workmen shal l not be enti t led to the use of any such work except for the purpose of carrying out under the contract. The owner shal l have the r ight to occupy and take over the works or any part thereof at any t ime dur ing the progress of the works or upon thei r complet ion, i rrespect ive of any pending c la ims or disputes that the contractor may have against the owner . .

57. INDEMNITY

The contractor shal l indemnify the owner f rom and against a l l act ions, sui ts c la ims and demands brought or made against the owner in respect of any matter or thing done or omitted to be done by the contractor or any of his sub-contractor(s) or nominated sub-contractor(s) or thei r employees or workmen in the execution of or in connection with the works of this contract and against any loss or damage to the owner in consequence of any action or sui t being brought against the Contractor or any of his sub-contractor(s) or nominated sub-contractor(s) or thei r employees or workmen for anything done or omitted to be done in the execution of the works under this contract.

58. CORRECTION OF WORK BEFORE VIRTUAL COMPLETION OF WORKS

The Engineer-in-charge, consul tant and consul tants and representat ive of owner shal l jo int ly conduct an extensive inspect ion just pr ior to the v i r tual complet ion of the works and shal l prepare a l i st of mater ials, equipment and workmanship which are defect ive or damaged or of substandard qual i ty or improper ly executed or general ly unacceptable due to not being in conformity with the requirements st ipulated in the contract documents. The contractor shal l promptly remove, replace, re-execute, rect i fy and make good, to conform to the requirements st ipulated in the contract documents and to the sat i sfact ion of a l l concerned, a l l such mater ials, equipment and or workmanship/ i tems inc luded in the said l i st and the contractor shal l bear and pay for a l l expenses in connect ion therewith and consequent thereon and inc idental thereto, inc luding the cost for a l l remedial work on the work of other contractors destroyed or damaged by such removal , replacement, re-execution, rect i f i cat ion and making good. I f the contractor fa i l s to remove, replace, re-execute, rect ify and make good the rejected mater ials equipment and or workmanship within a reasonable t ime, f ixed by wr i tten notice, Engineer-in-charge may employ and pay other persons or agencies to carry out such removal , replacement, re-execution, rect i fi cat ion and making good and al l expenses incurred in connect ion therewith, inc luding al l damages, losses and expenses consequent thereon and inc idental thereto shal l be recovered from the contractor and shal l be deducted by Engineer- in-charge from any money that may be payable or that may become payable to the contractor .

59. DEDUCTIONS FOR UNCORRECTED WORK

I f the Engineer- in-charge, deems i t inexpedient to get corrected or rect i f ied any work of the contractor which i s defect ive or damaged or of substandard qual i ty or i s general ly not in accordance with the contract documents, then an equi table and appropr iate deduction shal l be made therefore from the contract sum and the Engineer- in-charge’s dec ision in this respect shal l be final and binding on the contractor .

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Furthermore i f , by reason of any acc ident, or fa i lure, or other event occurr ing to, in or in connect ion with the works, or any part thereof , ei ther dur ing the execution of the works or dur ing the defects l iabi l i ty per iod, any remedial or other work or repair shal l , in the opinion of the Engineer- in-charge, be urgently necessary for the safety of the works and the contractor i s unable or unwil l ing to immediately do such work or repair , the owner may employ and pay other persons or agencies to carry out such work or repair as the Engineer- in-charge may consider necessary. I f the work or repair so done by other persons or agencies i s work which, in the opinion of the Engineer- in-charge, the contractor was l iable to do at his own expenses under the contract, then all expenses incurred by the owner in connection with such work or repair shal l be recovered from the contractor and shal l be deducted by the owner from any money that may be payable or that may become payable to the contractor .

60. LIQUIDATED DAMAGES

The contractor shal l pay the owner 1 (One) percent of contract sum per week of delay, l imited to Five percent. 1.5 (One and hal f ) percent of the contract sum by way of l iquidated damages for each week that the works remain incomplete in any way whatsoever after the contract date for v i r tual complet ion of the works Extension of date complet ion ( i f any) i s granted for complet ing the balance works only. LD wi l l be calculated based on the date of complet ion in the work order only, unless & otherwise clar i f ied in wr i t ing by MD of IMTMA. The l iquidated damages stated above shal l be applicable separately for each phase of complet ion cal led for subject to l imitat ion on total amount as spec i f ied above.

61. GUARANTEES

Besides the guarantees required and spec i fied elsewhere in the contract documents, the contractor shal l in general guarantee al l work executed by the contractor and the sub-contractors and nominated sub-contractors for a per iod of one year f rom the date of i ssue of the vi r tual complet ion cert if i cate. Those parts of the works or equipment or instal lat ions, for which extended guarantee periods are st ipulated e lsewhere in the contract documents, shal l be guaranteed for such per iods that are so st ipulated. The durat ion of the defects l iabi l i ty period, unless spec i f ied otherwise, shal l be the extent or length of such guarantee per iods.

Where, dur ing such guarantee periods as mentioned above, any mater ial or equipment or workmanship or general ly any i tem of work fai l s to comply or perform in conformity with the requirements st ipulated in the contract documents or in accordance with the cr i ter ia and provisions of the guarantee, the contractor shal l be responsible for and shal l bear and pay al l costs and expenses for replac ing and or rect i fying and making good such materials, equipment, workmanship and i tems of work and in addi t ion, the contractor shal l be also responsible for and shal l bear and pay al l costs and expenses in connect ion with any damages and or losses suffered as a consequence of such failure.

Al l guarantee required under the contract shal l be in the format approved and submitted to the Engineer-in-charge by the contractor when request ing cert i f i cat ion of the f inal b i l l .

62. DEFECTS LIABILITY

62.1 MAINTENANCE BY CONTRACTOR DURING DEFECTS LIABILITY PERIOD

Al l defect ive i tems of work and defects noticed and brought to the attention of the contractor dur ing the defects l iabi l i ty per iod shal l be promptly and expedit iously attended to and replaced and or recti f ied and made good by the contractor at his own cost, to the complete sat i sfact ion of the Engineer- in-charge. In this connect ion the contractor shal l , dur ing the defects l iabi l i ty per iod, maintain at a l l t imes at si te a crew of supervisory staf f and adequate number of workmen of appropr iate trades.The contractor shal l replace and or rect i fy and make good, at his own cost and to the sat i sfact ion of the Engineer- in- charge, a l l defect ive i tems of work and defects ari sing, in the opinion of the Engineer-in-charge, from mater ials, equipment and or workmanship not performing or being in accordance with the drawings or spec i f i cat ions or schedule of quanti ties or the instruct ions of the Engineer- in-charge or other contract documents or the best engineering and construct ion pract ices and which may appear or come to notice within one year after v i r tual complet ion of the works that i s wi thin the defects l iabi l i ty per iod of one year f rom the date of i ssue of the v ir tual complet ion cert i f icate.

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The contractor shal l be also l iable for a l l costs assoc iated with damages and or losses which are a consequence of such defect ive i tems of work and defects and such costs shal l be recouped by Engineer-in-charge from the contractor and shal l be recovered from the retention held and or f rom the contractor ’s f inal b i l l ( i f the final b il l has not been cert i fied and paid for at the t ime) .

In respect of those parts of the works for which extended guarantee periods are st ipulated elsewhere in the contract documents, the defects l iabi l i ty period for such parts of the works shal l be up t i l l the end of the respect ive guarantee period that i s st ipulated for each such part .

63. FINAL COMPLETION OF WORKS

The works shal l be considered as f inal ly complete at the end of the defects l iabi l i ty period subject to the contractor having replaced and or rect i fied and made good all the defect ive i tems of work and defects in accordance with c lause above, to the sat i sfact ion of the consul tant and provided that the contractor has performed al l h is obl igat ions and ful f i l led al l h i s l iabi l i t ies under the contract and when the Engineer- in-charge has cert i f ied in wr i t ing that the works are f inal ly complete. Such f inal completion in respect of those parts of the works, for which extended guarantee per iods are st ipulated e lsewhere in the contract documents, shal l be achieved at the end of such st ipulated guarantee per iods.

64. FORCE MAJEURE

The r ight of the contractor to proceed with the work shal l not be terminated because of any delay, subject to the t ime l imits set forth in this clause, in the execution of the work due to unforeseeable causes beyond the control and without the faul t or negligence of the contractor , or the sub-contractors, def ined under force majeure, as acts of god, or that of the publ ic enemy, restraints of governing states, f i res, f loods and unprecedented extreme weather .

I f the contractor i s wholly prevented from the performance of the contract for a per iod in excess of 30 ( thi r ty) consecutive days because of a force majeure, the owner may terminate this contract by 15 ( f i f teen) days wri tten notice del ivered to the contractor and i f the period of the force majeure exceeds 120 (one hundred and twenty) consecutive days, the contractor may terminate this contract by 15 ( f i f teen) days wri tten notice to the owner.

In the event this contract i s so terminated, the contractor shal l be paid for the costs of the work actual ly executed up to the date of termination. Such costs shal l not inc lude for loss of prof i ts or for any other expenses of the contractor or sub-contractors such as salar ies or wages of the employees or workers, h i re charges for plant and machinery, expenses towards maintenance of establ i shment, or any other expense. Fai lure to agree on an equi table sett lement shall be deemed to be a dispute.

65. SUSPENSION OF WORKS

a. The contractor shal l , on receipt of the order in wr i t ing of the Engineer- in-charge, suspend the progress of the works or any part thereof for such t ime and in such manner as the Engineer-in-charge may consider necessary for any of the following reasons:

i ) On account of any defaul t on the part of the contractor ; or

i i ) For proper execution of the works or part thereof for reasons other than the defaul t of the contractor ; or

i i i ) For safety of the works or part thereof.

The contractor shal l , dur ing such suspension, pr oper ly protect and secure the works to the extent necessary and carry out the instruct ions g iven in that behal f by the Engineer-in-charge.

b. I f the suspension i s ordered for reasons ( i i ) and ( i i i ) in sub-para (a) above. The contractor shal l be enti t led to an extension of t ime to be mutual ly agreed upon.

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66. TERMINATION OF THE CONTRACT BY THE OWNER

I f the contractor shal l be adjudged bankrupt or if he should make a general assignment for the benef i t of his credi tors, or i f a receiver shal l be appointed on account of his insolvency, or i f he should persistently or repeatedly refuse to carry out the work di l igently , or i f he should fai l to provide enough proper ly ski l led workmen or proper mater ials or equipment or plant and machinery or tools or anything else necessary for the progress of the works in accordance with the approved construct ion programme, or i f he should fai l to make prompt payments to sub-contractors or to suppl iers for mater ials or equipment or to his workers, or i f he should persistently disregard laws or ordinances or instruct ions of the Engineer-in-charge, or i f he should be gui l ty of a v iolat ion of breach of any provision of the contract, or i f he has abandoned the contract, or i f he has fai led to commence the works, or if he has suspended the works i f he has not fol lowed any statutory compl iances, then the Engineer- in-charge on the basis that suff ic ient cause exists to just i fy such act ion, may without prejudice to any other right or remedy and after g iv ing the contractor seven days’ not ice in wr i ting, terminate the employment of the contractor and take possession of a l l mater ials, equipment, tools and plant and machinery thereon and use these as owner ’s property for the complet ion of the works i f not removed from the si te within 7 days of notice. In such case, the contractor shal l not be enti t led to receive any further payment unti l the work i s completed.

I f the amount due to the contractor for the work carr ied out by him as per the contract terms exceeds the expenses, inc luding for addi t ional management and administrat ive services, for complet ing the works and in respect of the damages and or losses suffered by the owner due to the contractor ’s defaul t , then such excess shal l be paid to the contractor within three months of the f inal completion of the works. I f such expenses for complet ing of the works and in respect of the damages and or losses suffered exceed such amount due then the contractor shal l pay the dif ference to the owner within one month of receiv ing the noti f i cat ion to that ef fect f rom the Engineer- in-charge. The expenses incurred by Engineer- in-charge for complet ing the works and in respect of the damages and or losses suffered by him due to the contractor ’s defaul t , shal l be certi f ied by the Engineer- in-charge and his dec ision on this matter shal l be f inal and binding on the contractor .

67. RESOLUTION OF DISPUTES/ ARBITRATION

The owner and the contractor shal l make every ef fort to resolve amicably by di rect informal negotiat ions any disagreement or dispute ari sing between them under or in connect ion with the contract.

Arbitrat ion

The owner as sole arbi trator shal l f inally sett le al l d i sputes ar i sing in connect ion with the present “CONTRACT” which cannot be sett led by mutual negotiat ions.

The venue of arbi trat ion proceedings shal l be Bangalore.

I t i s a l so a term of this contract that i f the contractor does not make any demand for appointment of arbi trator in respect of c la ims in wr i t ing within 90 days of receiv ing the int imation that his f inal b i l l i s ready for payment, the c la im of the contractor wi l l be deemed to have been waived and absolutely barred and the owner shal l be discharged and released of a l l l iabi l i ties under the contract, in respect of the c la ims.

68. JURISDICTION

Al l matters ari sing out of or in any way connected with this contract shal l be deemed to have arisen in Bangalore and only the courts in Bangalore shal l have jur i sdict ion to determine the same.

69. CO-ORDINATION OF WORK

At the commencement of work, and from t ime to t ime, the Contractor shal l confer with other contractors, sub-contractors, persons engaged on separate contracts in connect ion with the project works, the suppl iers, and with consul tant / Engineer- in-charge for the purpose of the Co-ordinat ion and execution of var ious phases of the project works.

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The contractor shal l determine and ascertain f rom the other Contractors, sub-contractors and persons engaged on separate Contracts, in connect ion with the project Works, the extent of a l l chasing, cutt ing and forming of a l l openings, holes, detai l s of a l l inserts, s leeves, etc . that are required to accommodate the var ious services.

The Contractor shal l determine and ascertain the routes of a l l serv ices and the posi t ions of a l l f loor and wal l openings, out lets, traps, the detai l s of a l l inserts, equipment and services and shal l carry out the construct ion and making good of al l “bui lder ’s work” in accordance with and as shown, descr ibed and / or measured in the Drawings, spec i f i cat ions, Schedule of Quanti t ies and other Contract Documents. Also, the contractor shal l ensure that al l required services, inserts, s leeves, embedment etc . are in place / posi t ion before he proceeds with his work. Should the Contractor fa i l to comply with these requirements and the consequence of such fai lure necessi tates the breaking, re-doing and making good of any work, then the cost of a l l such breaking, re-doing and making good of any work shal l be to the account of the contractor and shal l be borne by him. No breaking and cutt ing of completed work shal l be done unless spec i f i cal ly author ised in wr i t ing by the consul tant / Engineer- in-charge. No “work shal l be done over broken or patched work without fi rst ascertaining that the broken surface i s adequately prepared and re inforced to receive and hold further work, as determined by the Engineer- in-charge.

70. SUPPLY OF SAND

For al l concrete ,masonry & plaster ing works are to executed with R iver Sand only.

71. TESTING METHODOLOGUY

a. Solid B lock: Every load 3 nos of blocks should be tested for Size, Absorption, Strength.

b. Steel: Every consignment.

C. Concrete:

Every 0 - 5 cum - 1 set

6 – 15 cum - 2 set.

16 – 30 cum - 3 set.

31 – 50 cum - 4 set

51 & above - 4 + 1 Addit ional for every 50 cum.

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VOLUME-3

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NOTE: SL.NO COLOUR INDICATION SIZE OF PRECAST COVER SLAB

1 1.4x0.6x0.125

2 1.9x0.6x0.15

3 1.9x0.6x0.2

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Project:- Proposed Construction of Combined Service Trenches

Project consultant :- MANYA associates Client :-Indian Machine Tool Manufacture Association

BILL OF QUANTITY FOR CIVIL WORK SLNO DESCRIPTION UNITS QUANTIT

Y RATE AMOUNT

EARTH WORK

1

Cleaning and Clearing of all undergrowth and shrubs ,rate to include carting away and disposing of all waste materials outside the premises to the designated areas identified by the local authorities for dumping of such materials, as per direction of Engineering-in-charge.

SQM 1000

2

Cutting trees of the following girth (measured at a height of 0.3m above ground level) including cutting of trunks and branches removing the roots, filling the pit and depression and disposal of unserviceable materials away from the site etc., as per direction of Engineering-in-charge.

a) Upto 30 cm girth NO 15 b) Above 30cm upto 60 cm girth NO 5

C)Above 60cm to 100cms girth NO 2

3

Earth work excavation for drains and trenches of pipe line and cables, distance not exceeding 50mtr and lift up to 2.50mtr.Excavated surface leveled and neatly dressed, Rate to include disposing excess earth to designated dumping yards, dewatering of both ground/rain and surface water, with well point system and removal of slurry generated while excavation and keeping the area free of water,..etc.., complete as per specification and as per direction of Engineering-in-charge.

a) Up to 1.5mtr CUM 790 b)From 1.5mtr to 3.0 CUM 410

4

Filling in trenches or at any other required place with available earth and spreading in layers of 200 mm thickness including watering, ramming and consolidating mechanically with power roller wherever possible or with other approved mechanical means(plate compactor/earth rammer), preliminary rolling of subgrade etc., complete as per specification and as per direction of Engineering-in-charge.( Dry density not less than 17.5 KN/Cum )

CUM 290

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5

Carting away excess earth outside the premises to the designated areas identified by the local authorities for dumping of such materials..etc..,complete as per direction of Engineering-in-charge.

CUM 1115

6

Providing and laying Wet Mix Macadam of 150 mm compacted thickness in layers of each 75 mm thickness .Granular material mixed in praportion 60:30:10(60% -40mm down grade aggregate,30%-20mm down grade aggregate,10%-murrum/ stone dust) pre mixed with water, spreading over prepared sub grade / Sub base to profile,consolidating mechanically with power roller wherever possible or with other mechanical means under flooring,road and plinth protection...etc., complete as per drawings, specification and as per direction of Engineering-in-charge.(CBR not less than 30%)

CUM 24

7

Preparation of sub grade for road,with required level and line, grade, cross section, dressed to camber, watering and consolidating..etc., complete as per specification and as per direction of Engineering-in-charge.

SQM 160.00

DISMANTLING WORKS

8

Dismantling of concrete/asphalt road including subgrade, sorting the dismantled materials, disposal of unserviceable materials, stacking the serviceable materials..etc., complete as per direction of Engineering-in-charge

CUM 170

9

Dismantling of size stone masonry in foundation and/ or upto 1.00metre above ground level including sorting the dismantled materials, disposal of unserviceable materials, stacking the serviceable materials..etc complete as per direction of Engineering-in-charge

CUM 20

10

Dismantling of R.C.C, including sorting the dismantled materials, disposal of unserviceable materials, stacking the serviceable materials etc.., complete as per direction of Engineering-in-charge

CUM 15

11

Dismantling P.C.C, including sorting the dismantled materials, disposal of unserviceable materials, stacking the serviceable materials etc.., complete as per direction of Engineering-in-charge.

CUM 12

12 Dimantling & handing over interlock pavor block including sorting the dismantled materials, disposal of unserviceable materials, stacking the serviceable materials, complete as per direction of Engineering-in-charge.

SQM 40

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ANTI-TERMITE

13

Providing and injecting Chloropyriphos Emulsifiable concentrate 20% with 1% concentration of approved equivalent conforming to IS:8944 for pre-constructional anti-termite treatment and creating a chemical barrier under and all around the pits, wall trenches, top surface of filling, junction of wall and floor, all along the external perimeter of building, expansion joints surrounding of pipes and conduits as per IS:6313 technical specifications...etc., complete as per specification and as per direction of Engineering-in-charge. (Only Plan Area Shall be measured for payment)

SQM QRO

P.C.C

14

Providing and laying in position machine mixed Plain Cement Concrete of 1:4:8 (1 cement : 4 coarse sand : 8 graded stone aggregate 40 mm nominal size) under footings , walls, under floors, ramps, drain bottom, base concrete etc., and wherever applicable as specified, including the cost of necessary centering and shuttering, curing, vibrating...etc., complete for all thicknesses,as per specification and as per direction of Engineering-in-charge

CUM 76

15

Providing and laying in position machine mixed Plain Cement Concrete of 1:2:4 (1 cement : 2 coarse sand : 4 graded stone aggregate 20 mm nominal size) in leveling courses,coping, drain benching, screed, bed blocks with all necessary surface preparation, side shuttering, leveling to required shape, slopes, gradients...etc., complete for all thicknesses, as per specification and as directed by engineer.

CUM 4

R.C.C

16

Providing and laying reinforced cement concrete of M-20 grade (1:1.5:3 proportion) using river sand with 20mm and down size graded aggregate of granite basalt or trap, as per specification at all levels and places wherever specified,including the cost of compaction with vibrators, curing and making the exposed surface to receive the plaster wherever necessary ...etc., but excluding the cost of shuttering & steel reinforcement, complete as per drawings, specification and as per direction of Engineering-in-charge.

a) Raft CUM 115 b)Walls CUM 149 c)Cover slab CUM 65

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17

Providing and laying at all locations and levels 125 mm thick granolithic flooring with 1:1.5:3 graded concrete (1 cement : 1.5 Coarse sand : 3 Graded stone Aggregate 12 mm and down graded) finished with power trowelling true to line and level including making grooves if required etc.complete as per drawings, specification and as per direction of Engineering-in-charge.

SQM 160

18

Providing, fabricating and placing in position TMT reinforcements of tested quality of all diameters conforming to IS:1786, including straightening, cutting, bending, hooking, lapping and / or welding wherever required, placing in position, tying with 18G binding wire of approved quality at all heights and depths including the cost of anchoring to the adjoining members wherever necessary and providing necessary chairs to maintain the levels, cover blocks, etc. complete as per drawings, specification and as per direction of Engineering-in-charge. (No separate measurement shall be paid for cover blocks, chairs, spacer bars, laps ...etc.,Standard weight only will be accounted for billing purpose).

MT 38

FORM WORK

19

Providing,fabricating and fixing in position formwork for all RCC works including necessary proping, centering,shuttering & scaffolding etc. complete at all heights and depths with 12mm thick film faced plastic coated, waterproof ply and using good quality shuttering oil. (formwork required for concrete surfaces which may show some joint mark which should not be objectional and is presentable without any further treatment) ...etc., complete as per drawings, specification and as directed by Engineering-in-charge.

a)Raft SQM 120 b)Walls SQM 1500 c)Cover slab SQM 330 MASONARY

20

Providing and constructing granite/trap/basalt size stone masonry in foundation with cement mortar 1:6 stone hammerd dressed in courses not less than 20cms high including flush pointing with cement mortor 1:3,curing... etc,. complete as per drawings and as directed by engineer.

CUM 12

21

Providing and constructing concrete solid block masonry with approved quality blocks, conforming to IS 2185 Part -1, Minimum average compressive strength of 5 N/mm2 of size 400 x150 x 200mm of following thickness at all levels in CM 1:6 (1 cement : 6 coarse sand) in superstructure and foundations including scaffolding, raking out joints, curing... etc., complete as per specification and as direction of Engineering-in-charge.

SQM 410

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STRUCTURAL STEEL

22

Structural Steel work Providing, fabricating and erecting in position M.S. structures using rolled sections, angles, channels, plates/sheets, rods, bars, flats, CHS,RHS etc., in all structures and at all levels as per drawings. Rate shall include cleaning, straightening, cutting, bending, welding, bolting,erection,two coats of zinc phosphate grey primer, one coat after fabrication and second coat after erection, including the cost of nessacary scaffolding. Welding shall be done using low hydrogen electrodes E - 7018 of ESAB or approved equivalent..etc..complete as per drawings, specification and as direction of Engineering-in-charge.

MT 6

23

Providing, fabricating and fixing M.S. inserts, embedment’s, edge protection angles, plates, foundation bolts, etc. including necessary fabrication, welding, threading of bolts and providing nuts for bolts, maintaining in position during concreting etc. Rate shall include two coats of zinc phosphate grey primer for exposed surface, one coat after fabrication and second coat after erection, including the cost of nessacary scaffolding.Welding shall be done using low hydrogen electrodes E - 7018 of ESAB or approved equivalent.. complete as per drawings, specification and as direction of Engineering-in-charge.

MT 46

PRECAST

24

Providing, transporting and fixing in position Precast Trench Cover Slab/struts of following size in M25 grade concrete with 20 mm down graded aggregate, finishing smooth with 6 mm thick plaster in CM 1:3.Including fixing edge angles, provisions for lifting arrangements, alignment,levels,joints filling,formwork, tools, tackles, etc., complete as per drawings, specification and as per directions of Engineering-in-charge.The cost of reinforcement & Structural steel shall be measured under relavent tender item.

a) Size 1400x600x125mm SQM 12 b) Size 1900x600x200mm SQM 40 c) Size 1900x600x150mm SQM 50 d) Size 1000x600x125mm SQM QRO

25

Providing, transporting and fixing in position Precast Pedestals of 450x450x750mm in M20 grade concrete with 20 mm down graded aggregate,Including fixing M S inserts,nessecary excavation, alignment,levels,formwork, tools, tackles, etc., complete as per drawings, specification and as per directions of Engineering-in-charge. The cost of reinforcement & Structural steel shall be measured under relavent tender item.

NO 2000

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26 Removing & refixing of pre-cast cover slabs to

facilitate pipe installation work,including necessary pointing with cement mortar 1:3 (1 cement : 3 coarse sand) etc.,complete as per specification and as per direction of Engineering-in-charge.

SQM 30

PLASTERING

27

Providing plastering to all masonry and concrete surfaces of walls, etc with 15 mm thick in CM 1:4 (1 Cement : 4 fine sand), including providing necessary scaffolding, rounding off all corners wherever required, smooth finish, curing... etc., complete as per specification and as per direction of Engineering-in-charge.

SQM 40

PAINTING

28

Providing and applying two (2) coats of water proof cement paint over a coat of Primer with ICI Dulux / Asian / of approved brand, quality and shade to give an even shade after throughly cleaning & brooming the surface to remove all dirt and loose powder material, free from mortar drops and other foreign matter including cost of materials, labour, complete as per specification and as per direction of Engineering-in-charge.

SQM 40

29

Providing and applying Synthetic Enamel paint of ICI Dulux / Asian / equivalent of approved brand for metal surface with two (2) coats of paint of approved color and shade etc., as per IS 2932 : 2003 after thoroughly cleaning the surface,repairing dents,bends,over pre applied zinc phosphate primer as per IS 2074 and inlcuding the cost of one (1) coat of paste filler to metal surfaces, necessary scaffolding, materials, labour, loading and unloading, tools & plants, transportation, protecting the surface till the handing over of site to the Employer with necessary leads & lifts, all other incidental charges... etc., complete as per specification and as per direction of Engineering-in-charge.(Final coat of painting to be done after pipe erection)

SQM 1200

MISCELLANEOUS

30

Supplying, installing, testing and commissioning of R.C.C NP3 class Hume pipe laid to the required level and grade with collars joining in CM 1:3 and filling the excavated trench with approved quality saturated sand on sides, bottom and top surface of pipe with all leads and lifts, making necessary connections as required etc., complete as per specification and as per direction of Engineering-in-charge.

300 mm dia. RMT QRO

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31

Providing and constrcuting valve chamber with 230 mm Brick masonry wall using best quality TM bricks & CM 1:4,on a P.C.C 1:4;8 bed of 100 mm thcik.The wall shall be plastered internally smooth in CM 1:3, water proofing as required and externally rough plastered with sponge finish, including curing. The chamber shall be covered with pre fabricated M.S. shutter using ISA 50X50X5mm frame with M.S 6 / 8 mm thick plate fabricated top cover in leaves, necessary hinges and locking arrangement. The size of the chamber shall be 1200mm x 1200mm x1500mm in depth...etc..,complete as per specification and as per direction of Engineering-in-charge.

NO QRO

32

Providing and fixing in position 100mm dia 300mm long PVC sleeves in concrete bed at 2.0m interval…etc..,complete as per specification and as per direction of Engineering-in-charge.

NO 100.00

33

Providing and applying brush bond concrete epoxy FOSROC or equilent make for bonding old concrete to fresh concrete in cluding the cost of cleaning & brooming the surface to remove all dirt and loose powder material, free from mortar drops and other foreign matter ...etc.,complete as per specification and as per direction of Engineering-in-charge. (application shall be as per manufacturer recommendation)

SQM 33

34

Providing and making cut outs with Core Cutting machine in RCC beams, slabs, floors etc., for laying pipes/ducts and rendering the same in RCC 1:2:4, finishing the same to the satisfaction of the owner or his authorised representative etc., including providing nominal reinforcement wherever required complete. The quoted rate shall also include for providing EPOXY based water proofing compound for sealing the joints around the pipes/ducts..etc..,complete as per specification and as per direction of Engineering-in-charge. (Depth 300mm)

a) 50 to 75mm dia NO QRO b) 100 to 150mm dia NO 20 c) 200 to 250mm dia NO 10 d) 300 to 350mm dia NO QRO

35

Providing and making rebar grouting for reinforcement dowels with LOCKSET chemicals of FOSROC or equilent make including the cost of drilling holes, cleaning, scaffolding if required…etc., complete as per specification and as per direction of Engineering-in-charge..(reinforcement measurement shall be paid under relevant item)

a) 25 mm Dia NO QRO b) 20 mm Dia NO QRO c) 16 mm Dia NO 40 d) 12 mm Dia NO 200 e) 10 mm Dia NO 400 f) 8 mm Dia NO 100 Size : 600 x 100 x 350 mm RMT 100

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36

Providing and laying factory made Kerb stone for roads of M-25 grade in position to the required line, level and curvature.Jointed with cement mortar 1:3 (1 cement : 3 coarse sand) on a 75mm bed of 1:4:8 PCC,including excavation, making joints with or without grooves (thickness of joints shall not be more than 10mm except at sharp curve), with 2 coats of enamel paint over, 2 coat of primer, curing .. etc.,complete as per direction of Engineering-in-charge (length of finished kerb edging shall be measured for payment)

Size : 600 x 100 x 350 mm RMT 100

37

Removing & refixing Kerb stone in position to the required line, level and curvature.Jointed with cement mortar 1:3 (1 cement : 3 coarse sand) on a 75mm bed of 1:4:8 PCC,including excavation, making joints with or without grooves (thickness of joints shall not be more than 10mm except at sharp curve), with 2 coats of enamel paint over, 2 coat of primer, curing .. etc.,complete as per direction of Engineering-in-charge (length of finished kerb edging shall be measured for payment)

RMT 30

38

Providing and fixing chemical anchors of HILTI or approved equivalent in existing and new concrete/masonry including cost of all anchor bolts, chemicals, drilling, cleaning, pull out and shear tests, scaffolding, etc complete all as per manufacturer's specifications and as per direction of Engineering-in-charge . Rate to include all items specified above.

i) 10 mm dia NO 40 ii) 12 mm dia NO 40 iii) 16 mm dia NO QRO

39

Removing,stacking & relaying of P.V.C Pipe line including the cost of required malleable specials...etc., complete as per specification and as per direction of Engineering-in-charge.

a) 4'' dia RMT 30 b) 3'' dia RMT 30 c) 2'' dia RMT 30

Rupees in words GROSS TOTAL

ADD VAT/ COT

ADD SERVICE TAX

GRAND TOTAL