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KIOCL LIMITED

(A Government of India Enterprise) Sarjapur Road, Koramangala, 2nd Block

BANGALORE -560 034

NOTICE

TENDER NO. KIOCL/TS/BFU/Site Levelling/PKG-11A/F-537/527 DATED 06/07/2020

KIOCL Limited invites e-bids in three bid system from Domestic bidders for “Site Levelling and associated works” for Tender document no. KIOCL/TS/BFU/Site Levelling/PKG-11A/F-537 dated 28/05/2020 (MSTC event no. KIOCL/20-21/ET/57). The detailed NIT and tender document including eligibility requirements can be viewed and /or downloaded from MECON’s website http://www.meconlimited.co.in, KIOCL’s website http://www.kioclltd.in, CPP Portal’s website http://www.eprocure.gov.in and MSTC’s E-tendering website https://www.mstcecommerce.com from 06-07-2020 to 05-08-2020. For accessing and downloading the Bid document from KIOCL website, the bidder has to register as ‘New User’ in Bid section at KIOCL’s website link http://www.kioclltd.in/tender/default.aspx, and from MECON’s website the Bidder has to click on Active tenders. For accessing and downloading the bid document from Central Procurement portal www.eprocure.gov.in , the bidders have to click on “Latest active tenders”. The bidders shall directly download the Tender Document from KIOCL website/ MECON website and CPP Portal only. For accessing the bid document from MSTC, bidders to click website link - https://www.mstcecommerce.com/eprochome/KIOCL/buyer_login.jsp. Bidders are requested to register as ‘New Vendor’ for downloading the tender document. For further help refer to ‘vendor guide’ given in MSTC website. The bidders are requested to submit their bids through online mode only on MSTC’s E-tendering website www.mstcecommerce.com/eprochome/kiocl and details of submission of bid through online are given in NIT. The Bidders on regular basis are required to visit the MSTC’s E-tendering website, KIOCL’s website, MECON’s website and/ or CPP Portal for corrigendum/ clarifications/ time extension/ amendments, if any, at a future date. For further clarification, GM (Projects), KIOCL Limited, Bangalore can be contacted on Ph. No. +919937290883 & Email: [email protected].

For and on behalf of KIOCL Ltd

G. V. Kiran GM (Projects & TS)

Mob: +91 9937290883 KIOCL Limited, Bangalore

Karnataka State, India

KIOCL LIMITED

TENDER DOCUMENT (DOMESTIC BIDDING)

FOR

SITE LEVELLING AND ASSOCIATED WORKS (PACKAGE NO. 011A)

AT BLAST FURNACE UNIT, MANGALURU, KARNATAKA ON ITEM RATE BASIS

VOL-1- COMMERCIAL

MECON LIMITED

BANGALORE – 560004

Ref No. KIOCL/TS/BFU/Site Levelling/PKG-11A/F-537 JULY 2020

TENDER DOCUMENT FOR SITE LEVELLING AND ASSOCIATED WORKS

AT BLAST FURNACE UNIT, MANGALURU (PKG-011A)

CONTENTS

KIOCL/TS/BFU/Site Levelling/PKG-11A/F-537 Page 1 of 1

INVITATION TO TENDER FOR

SITE LEVELLING AND ASSOCIATEDWORKS AT BLAST FURNACE UNIT, MANGALURU ON ITEM RATE BASIS

CONTENTS SHEET FOR- VOL-1-COMMERCIAL

Sl. No.

Description

1 Check List

2 Press Notification

3 Notice Inviting Tender (NIT)

4 Instruction to Tenderers (ITT) with Annexure 1 - 9

Letter of Undertaking (Annexure – 1)

Bank Guarantee towards Earnest Money Deposit (Annexure – 2)

Eligibility requirement information (Annexure -3a &3b)

Information about the Bidder (Annexure – 4)

No Deviation Declaration (Annexure –5)

Details of works in Hand (Annexure – 6)

Organization set-up at site (Annexure-7)

Integrity pact (Annexure – 8)

Process of e-Reverse auction (Annexure-9)

5 Form of Contract Agreement with Appendices

Appendix-1 - Price Schedule

Table-1 : Summary Price Schedule

Appendix-2 : Time Schedule

Appendix-3 : Terms of Payment

6 Special Conditions of Contract (SCC)

7 General Conditions of Contract (GCC)

8 Annexure-I : Proforma Bank Guarantee for Contract Performance



CHECK LIST


CHECK LIST

Tenderer shall ensure that all the documents given below have been submitted with the offer: Tender No. : KIOCL/TS/BFU/Site Levelling/PKG-11A/F-537/527 dated 06-07-2020 MSTC Event . No. : KIOCL/20-21/ET/57 Name of Facilities : Site Levelling and associated works

Sl. No.

Details of document Submitted (Yes / No))

Part-A 1 Letter of Undertaking (as per Annexure – 1 of ITT)

2 Earnest Money Deposit (Pro-forma of BG as per Annexure – 2 of ITT) 3 Cost of Tender Document in the form of Demand Draft

4 Integrity Pact (Integrity Pact to be signed) as per Annexure – 8 of ITT

Part-B Checklist for submission of bid (duly filled up)

1.a Details of work done (To be considered for meeting the Eligibility criteria – Technical as per Annexure-3a of ITT)

1.b Documents in support of fulfilment of Eligibility Criteria-Technical

2.a Details of Turnover (To be considered for meeting the Eligibility criteria – Financial as per Annexure-3b of ITT)

2.b Audited Financial Statements including Profit and Loss statements for the last three financial years duly self-certified/ Chartered Accountant Certified Annual Turnover for last three (3) consecutive financial years in support of their financial credentials, in lieu of the Annual Financial Statements.

3. Amendments/ corrigenda/ Addenda etc. on this tender document, if any, issued by the EMPLOYER/ Consultant, duly signed by the Tenderer

4. Information about the Bidder (as per Annexure – 4 of ITT)

5. No Deviation Declaration (As per Annexure-5 of ITT)

6. Blank price format with the word “QUOTED” written in place of price data furnished in the Price Bid.

7. Latest Power of Attorney 8. Copy of PAN Card, GST Registration, PF & ESI Registration

Certificate

9. Bank Account details in order to facilitate payments through e-payment mode.



CHECK LIST


Sl. No.

Details of document Submitted (Yes / No))

10. Declaration by the tenderer in his letter head that the firm is not blacklisted by any PSU/Govt body. On verification if it is found that the tenderer has given misleading/ false information, then his tender will be summarily rejected.

11. Declaration by the Tenderer on his letter head informing relationship with employees of KIOCL, if any.

12. Authorization letter to Employer by the Tenderer in their letter head authorizing KIOCL Limited to seek references from Tenderer’s bankers

13. Technical Bid

14. Time schedule in the form of Bar Chart

15. Filled in Technical questionnaire by the bidder (if any)

16. Details of works in hand at present: This shall be furnished in the prescribed pro-forma as per Annexure – 6 of ITT

17. Proposed Organization set up at Project site (Annexure – 7 of ITT)

18. List of Plant & Machinery proposed to be mobilized

19. Overall description of the method proposed for carrying the work

20. Tenderer’s proposed quality assurance program

21. List of information regarding any litigation, current or during last seven years

22. Others, if any (Bidder to specify)

23. Part-C

Price Bid (Duly Filled)

TENDER DOCUMENT FOR SITE LEVELLING AND ASSOCIATEDWORKS

AT BLAST FURNACE UNIT- MANGALURU (PKG-011A)

NIT KIOCL/TS/BFU/Site Levelling/PKG-11A/F-537 Page 1 of 23

NOTICE INVITING TENDER (NIT) 1. KIOCL Limited (earlier known as Kudremukh Iron Ore Company Limited) is a Miniratna Public

Sector Company under the Ministry of Steel, Government of India. Primarily engaged in the business of manufacturing of Iron ore pellets. It used to operate a pig iron plant having a 350 cu.m blast furnace. It is planning to re-start the existing Blast Furnace by suitable up-gradation and simultaneously also go for backward integration by installation of a non-recovery coke oven and forward integration of the plant by expanding its activities towards manufacturing of Ductile Iron Spun pipes. For executing above forward and backward integration various packages have been envisaged. This Tender Covers Site Levelling and associated works on item rate basis at existing BF unit complex in Mangalore, Karnataka.

2. KIOCL Limited shall be utilizing the e-procurement service of MSTC Limited, A Government of India Company having its registered office at 225-C, AJC Bose Road, Kolkata- 700 020 for enabling us to procure goods, services and works.

3. KIOCL has engaged MECON Limited as consultant for this project. MECON Limited (MECON) shall be hereinafter referred to as “Consultant". KIOCL Limited, BANGALORE is hereinafter referred to as "KIOCL".

4. KIOCL Ltd. invites online tenders from the prospective bidders of repute to participate in tender, the mode of which happens to be e-Procurement System.

5. Bidder should submit their tenders in three parts through e-procurement mode only. The instructions on the portal shall be followed, while submitting the tender.

Part-A - “Cost of tender document, Bid Security, Letter of Undertaking and Integrity

pact”

Bid Security shall be in the following forms:

(a) a Bank Draft / online payment or (b) a Bank Guarantee from Nationalised Bank/scheduled commercial

bank in the form provided in the bidding documents Part-B - “Techno-Commercial Bid”

Vol. – I- Commercial along with blank price format with the word “QUOTED” in place of price data furnished in the Price Bid.

Vol. - II- Technical

Part-C - “Price Bid” only.

6. The E- procurement would be conducted by M/s. MSTC Limited. (Online Part-B - Techno-Commercial Bid and Part-C -Price Bid through http://www.mstcecommerce.com/eprochome/kiocl of MSTC Ltd.)



KIOCL/TS/BFU/Site Levelling/PKG-11A/F-537 NIT Page 2 of 23

MSTC Event No. & Date Description Last date & Time for submission of offer

KIOCL/20-21/ET/57 Site Levelling and associated works at Mangalore in accordance with technical specifications and other terms & conditions of the tender.

05-08-2020 up to 14:00 hrs IST

7. The cost of Bidding Document including processing fee is Rs. 5,900/- (Rupees Five

thousand Nine Hundred only) inclusive of 18% of GST payable by Demand Draft in the name of “KIOCL LIMITED” and payable at BANGALORE or Online payment. The Demand draft shall be submitted in physical form along with EMD. The bid of any bidder shall be considered only if the bid is accompanied by the prescribed Tender fee in the form of demand draft along with EMD or proof of payment for online transaction.

8. The complete set of tender documents can also be downloaded from the following website’s:

KIOCL Limited: http://www.kioclltd.in/KIOCLtender/default.aspx MECON Limited: http://www.meconlimited.co.in/active_tender.aspx Central Public Procurement Portal: https://eprocure.gov.in/epublish/app MSTC Limited: https://www.mstcecommerce.com/eprochome/KIOCL/buyerlogin.jsp

9. The Bidder shall download the entire “Bidding Document” available in the above referred websites in totality and submit the same online through MSTC platform.

10. Bid documents and/or corrigendum downloaded from KIOCL website /Central Public procurement portal/ MECON website / MSTC website shall only be considered as authentic. Bid documents downloaded from any other source / website is/are liable for rejection.




11. It shall be the responsibility of the prospective Tenderers to ensure that the Bids have been submitted in the formats and as per the terms and conditions prescribed in the website and no change is made therein. The documents placed in website along with this detailed Notice Inviting Tender (NIT) forms the complete bidding document. All the documents along with detailed NIT as placed in the website is final including queries and clarification, drawings, corrigendum, if any. On verification, at any time, whether the Bidder is successful or not, if any of the documents submitted by the Bidder including the documents downloaded from above mentioned websites/ issued are found tampered/ altered / incomplete, they are liable for rejection, cancellation & termination of the Contract, debarring, etc. As per the rules of the Company. In case of any discrepancies between Tender documents downloaded from the website and the document available with KIOCL/ MECON, the document available with KIOCL/ MECON shall be considered authentic and shall be binding on the Bidder. No claim on this account from the Tenderers will be entertained.

12. It will be presumed that the Bidder have gone through the entire bidding documents available

in the website or purchased by the bidder (as the case may be), which shall be binding on them.

13. Salient features of the bid/Bid Data Sheet (BDS):

The following bid-specific data for this tender shall amend and/or supplement the provisions in the Notice Inviting Tender (NIT) and Instructions to Tenderer (ITT). Whenever there is a conflict, the provisions herein shall prevail over those in the NIT and ITT.

1 Tender Enquiry No. & Date

KIOCL/TS/BFU/Site Levelling/PKG-11A/F-537/527 dated 06-07-2020

2 MSTC event no. KIOCL/20-21/ET/573 Tender type Domestic4 Name of Facilities / Work

Site Levelling and associated works at BFU, Mangaluru

5 Package No. 011A 6 Scope of work Site Levelling and associated works on item rate basis

at Mangalore, Karnataka State as detailed in enclosed Technical Specification No. MEC/01/11/TS/BFU/197C/PKG-011A

7 Name of Employer KIOCL Limited, BANGALORE8 Address of Employer KIOCL Ltd,

Sarjapur Road, Koramangala, 2nd Block BANGALORE -560 034, Ph No.: +91 80 25531461-70 (Ext 283) Email: [email protected]

9 Name of Consultant MECON Limited, Bangalore

10 Cost of Bidding Document including processing fee (Non Refundable. The cost of Tender document is including 18% GST).

Rs. 5,900/- (Rupees Five thousand Nine Hundred only) (payable by Demand Draft in the name of “KIOCL Limited” and payable at Bangalore, India) or Online (Through RTGS) Payable to:




UNION BANK OF INDIA PBS (KORAMANGALA) BANGALURU -560 034 ACCOUNT NO. 515401010022015 IFSC CODE: UBIN0551546

11 Downloading of Bidding documents from

http://www.kioclltd.inhttp://www.meconlimited.co.in http://www.eprocure.gov.in http://www.mstcecommerce.com

12 Viewing / Downloading of Tender Documents

Start date & Time: 06/07/2020 (18.00 Hrs IST) Close date & Time:05/08/2020 (14.00 Hrs IST)

13 Place of Obtaining further information/Submission of hard copies of documents pertaining to Bid (ITT clause 5.2)

The Tender/Clarification shall be addressed to and hard copies of documents pertaining to Bid should be submitted to: General Manager (Projects & TS) KIOCL Ltd., Sarjapur Road, Koramangala, 2nd Block Bangalore – 560 034 Ph: +91 9937290883 E. Mail: [email protected]

14 Manner of Submission of Online Tender Refer for Guidelines for online submission of Bid, please

refer “Instructions to e-procurement/ e-tender” to NIT.

15 Submission of Online Tender

Start date & Time: 28/07/2020 (10.00 Hrs IST) Close date & Time:05/08/2020 (14.00 Hrs IST)

16 Pre – Bid queries

No pre- bid meeting (In person or through video conference) shall be held. Bidders may send their queries directly by mail on the tender document to [email protected] , with a copy to [email protected] on or before 5.30 pm of 20/07/2020.

17 Contact person for site visit and for the issuance of Site Visit Certificate

Jt. General Manager, KIOCL Limited, Panambur, Mangaluru – 575010 Telephone: 0824-2409681 E-Mail: [email protected], , [email protected]

18 Opening of Part – A, B & C of Tender (ITT clause 15.4 & 18.1)

Part-A & B: The Techno-Commercial bid will be opened electronically on 05/08/2020 at 16.00 Hrs (IST). As per the manner and in the form specified in clause no.15.0 of NIT, the bidder in addition to uploading the bid on KIOCL’s (MSTC) e-tender portal shall also submit the following documents in Original (in physical) form by the bid due date & time at the address given in Sl. No. 13 above:

1.0 EMD,




2.0 Letter of Undertaking, 3.0 Integrity Pact, 4.0 Tender Fee 5.0 MSME certificate in Lieu of Tender Fee and EMD

(If applicable)

If any of the above documents are not submitted, the bidder shall be considered as non-responsive and their bid shall be liable for rejection and Part-B of such unresponsive bid will not be opened.

Part-B of all other bidders, which are otherwise found responsive, except for any discrepancies such as typographical errors / omissions / deletions/ page(s) not signed etc. in Part-A of documents, will be opened on the same date and venue subsequently. However, in case of any discrepancies as mentioned above in Part-A documents, the bidder shall submit the revised / corrected documents on intimation by KIOCL / Consultant failing which their tenders are liable for rejection.

Part-B of the Bids will be considered for evaluation only after Part-A of the bid complies with the provisions of the bidding documents by the bidder.

Part-C: Price bid will be opened electronically of only those bidder(s) who have been techno-commercially found acceptable.

On opening of the Part-A of the Bid, if EMD (in the form and manner specified in NIT/ITT), Letter of Undertaking, Integrity Pact, cost of Tender document are not found in Part-A of the bid, such bids shall be considered as unresponsive and summarily rejected. Part-B of such unresponsive tenders will not be opened.

19

Bid Security / Earnest Money Deposit

Rs. 5,00 000/ (Rupees Five Lakhs only) Validity of BG in lieu of EMD: 09 Months from the due date of submission of the tender (Refer Clause No.11 of ITT) or online payment to UNION BANK OF INDIA PBS (KORAMANGALA) BANGALURU -560 034 ACCOUNT NO. 515401010022015 IFSC CODE: UBIN0551546

20 Time for Completion GCC clause no. 8.0 and Article 5 of Contract Agreement.

7 (Seven) months including rainy seasons from the Effective Date of Contract for the total completion of works.

Effective Date of the Contract shall be the date of signing of the Contract or 30th day from the date of Letter of Acceptance, whichever is earlier.

21 Validity of the offer (ITT clause 12.1)

Six (06) months from the due date of submission of bid.




22 Eligibility/Qualification

requirements for Bidders (ITT clause 8.3 (b))

Bidder should fulfil the Technical and Financial eligibility requirements as detailed below:

The bidder having credentials of complying with the minimum eligibility / pre-qualification criteria as stipulated herein below only would be considered eligible.

A. Technical Eligibility requirements

Tenderer should have successfully completed similar Work(s) during the last seven (7) years ending last day of the month previous to the one in which tenders are invited as under:

a) One similar completed work costing not less

than Rs.5.98 crore/-. (including tax) OR

b) Two similar completed works each costing not less than Rs.3.74 crore /- (including tax)

OR c) Three similar completed works each costing

not less than Rs.2.99 crore /- (including tax)

Definition of similar works completed work(s) is as under: Definition of Similar work:

“Execution of Earth works involving excavation in all kinds of soils/rock, Controlled filling, masonry works and concrete works” in industrial and infrastructure projects

NOTE: Tenderer shall submit the details of experience along with documentary evidence such as copies of the following documents in support of their meeting the above stipulated eligibility criteria.

i) Work order or Contract agreement or Client

certificate in support of date of award of contract and Value of the work.

ii) Certified bills in support of value of works

executed. iii) Completion certificate in support of

Completion date of the work and completed value of work from client.

iv) Any other certified supporting documents. v) Bid shall be submitted by a sole bidder and

consortium is not allowed.




B. Financial eligibility requirements: -

i. The Tenderer/Bidder shall have an average annual financial turnover of at least Rs 2.24/- Crores (Rupees two Crores and twenty four lakhs only), during the last three (3) financial years 2016-2017, 2017-2018, 2018-2019. Only Gross Sales income shall be considered for determination of annual turnover.

Note: The Tenderer shall submit audited annual financial reports for the above 3 (three) financial years in support of their meeting the stipulated financial requirements. Annual financial turnover of entities participating in the tender on their own strength only shall be considered and not their related entities like holding company, subsidiaries or group companies etc., i.e., Tenderer shall be independent legal entities and shall have its own independent financial accounting system as per laws of their country.

ii. The Net worth of the bidder as per the immediate

preceding year’s Audited financial results should be positive.

iii. The working capital of the bidder (single entity) shall be at least three (3) times the monthly cash flow requirements Bidder should have minimum working capital of Rs 320.35 lakhs (Rupees Three hundred and twenty lakhs and thirty five thousands only) as per the immediate preceding year’s Audited Financial Results.

For calculating the working capital, current assets and current liabilities will be considered as classified in the audited balance sheet of the year immediately preceding the date of issue of tender.

23 Technical Evaluationof Bid

Technical evaluation shall be carried out in accordance with the requirements set forth in Technical Specification included in the bidding document.

24 Price Bid Evaluation(ITT clause 25)

The Price bid evaluation and E-Reverse auction shall be carried out as per ITT Clause 25.0




25 Amount of Performance Security (Performance Bank Guarantee / Security Deposit) (ITT clause 32.1)

Performance Security amount shall be ten percent (10%) of the Contract price in Rupees (including taxes and duties as included in Price Schedule)

26 Integrity Pact (ITT clause 36)

Name of the External Independent Monitor & Address

Integrity Pact to be signed – Yes

Shri. Varanasi Udaya Bhaskar CMD (Retd.), Bharat Dynamics Ltd., Flat No. 101, 1st Floor, Block No. B, Sri Balaji Gulmohar Township Bachpalle, KV Rangareddy Hyderabad – 560 090. Mob: 09490796474 E-Mail: [email protected]

27 Address of the Employer General Manager (Projects)KIOCL Ltd., Sarjapur Road, Koramangala, 2nd Block Bangalore – 560 034 Ph: +91 9937290883 E. Mail: [email protected]

14. If the date and time for any activity indicated in the tender document happens to be a

holiday or a non-working day, for any reason, then the next working day and time will be automatically taken as the date and time for such activity.

15. Each Tenderer/ Bidder shall submit only one bid in compliance with the requirements of the bidding documents. Alternatives will not be considered. Submission of more than one bid will cause all the proposals with the Tenderer’s participation to be disqualified.

16. The Bid Document consists of:-

Volume – I of II

(i). Notice Inviting Tender (NIT) (ii). Instruction to Tenderer (ITT) with Annexures (iii). Form of Contract Agreement with Appendices (iv). Special Conditions of Contract (SCC) (v). General Conditions of Contract (GCC)

Volume – II of II as different volume Technical Specifications covering the scope of work of this Tender.

17. Submission of Integrity Pact (IP)

Bidders are required to submit Integrity Pact along with their bid as per format and manner as given in bidding document. (Ref Clause no. 36.0 of ITT) and complying with the following requirements.




17.1 Bidder shall submit the Integrity Pact document on its Company’s Letter head, duly signed

by the authorized representative on all pages. 17.2 If the Bidder / Contractor is a partnership firm, the Integrity Pact shall be signed by all the

partners. 17.3 On behalf of KIOCL, the Integrity Pact will be signed by the authorized nominee

immediately on receipt of Integrity Pact signed by the Bidder. 17.4 The Integrity Pact shall be submitted in a separate envelope duly super scribing “Integrity

Pact” and submitted with Part-A of the offer. 17.5 The Bidder shall not change the contents of Integrity Pact.

17.6 The Bidder / Contractor will abide by the conditions given in the IP document enclosed as

annexure along with the tender document. (Refer IP Pro-forma).

17.7 The details of the External Independent Monitors nominated for this Bid are given in Salient features/ Bid Data sheet of NIT.

18. Submission of Bids

Bids will be accepted only through the e-tender portal. No manual bids shall be permitted along with electronic bids. Tender issuing authority is not responsible for the delay /non-downloading of tender documents by the recipient due to any problem in accessing the e-tender website. The tender issuing authority is also not responsible for delay in uploading bids due to any problem in the e-tender website. For submitting online bid, the prospective bidder is requested to visit the following M/s MSTC Limited website link; https://www.mstcecommerce.com/eprochome/KIOCL/buyer_login.jsp Before proceeding to submit online bid, bidders are requested to go through ‘Vendor Guide’ given in the above link. Bidders are to get themselves get registered and obtain Digital signature as mentioned in the Vendor Guide. The details given in the M/s MSTC Limited Vendor Guide are binding and are part of Tender document. After filling the preliminary information, the bidder shall proceed to submit the bid in three parts in seriatim. Bid submission Acknowledgement The bidder should complete all the process and steps required for Bid submission. The successful bid submission can be ascertained once acknowledgement mail is received in their registered email id against tender after final submission.

The acknowledgement is the only confirmation of submission of bid, which the bidder can show as a proof of participation in the tender. Other than this acknowledgement, no proof will be considered as a confirmation to the submission of a bid. If the bidder fails to produce this acknowledgement required for verification in case of dispute, his claim for submission of bid may not be considered.




Before uploading the documents, the bidder is requested to arrange the soft copies of all the documents as per the documents list given hereunder. It may please be noted that there is a data limit for upload. Each upload document size shall not be more than 3MB. The documents more than 3MB are not accepted by the system. Bidders are requested to check beforehand that all their files size are complying to above data size. Further, bidders are requested to upload only relevant document as sought in the tender and avoid uploading unnecessary documents.

Guidelines for online submission of Bid, please refer to “Instructions to e-procurement” to NIT.

The documents to be submitted in three parts are given hereunder.

Part A: The following constitutes Part-A of the documents;

Sl.No Description Remarks

(i) Letter of undertaking as per Annexure – 1 to ITT

Bidder is requested to upload the scanned copy of Letter of Undertaking (LOU) and Hard copy of LOU to be mailed to KIOCL Limited at the address given at relevant clause No.13.0 hereof so as to reach KIOCL Limited before the due date and time of opening of online tenders.

(ii) Rs 5,00,000/- (Rupees Five Lakhs Only) Either in the form of Bank Guarantee as per Annexure – 2 to ITT / DD towards EMD/ online payment (Refer Clause no.11 of ITT). Note : In case if, bidder`s are NOT ready to include the interest clause, but ready to submit the BG from any nationalized or schedule bank or any other bank acceptable by KIOCL Limited , Then BG shall be submitted in KIOCL format in Rs.200/- face value stamp paper the EMD amount shall be Rs. 5,77,500/- (RupeesFive lakhs seventy seven thousand and five hundred only)

Bidder is requested to upload the scanned copy of Bank Guarantee / DD /online payment. Hard copy of BG/DD to be mailed to KIOCL Limited at the address given at clause No.13.0 hereof so as to reach KIOCL Limited before the due date and time of opening of online tenders.




(iii) Tender fee including processing fee Rs 5,900/- (Rupees Five Thousand Nine hundred only) including 18% GST ) drawn in favour of KIOCL Limited and payable at Bangalore or online

Bidder is requested to upload the scanned copy of DD/ online payment. Hard copy of DD or proof of payment for online transaction to be mailed to KIOCL Limited at the address given at clause No. 13.0 hereof so as to reach KIOCL Limited before the due date and time of opening of online tenders.

(iv) Duly signed Integrity Pact as per the pro-forma given in Annexure-8 to ITT (Refer clause no.17.0 hereof)

Bidder is requested to upload the scanned copy of signed Integrity Pact. Hard copy of Integrity Pact to be mailed to KIOCL Limited at the address given at clause No.13.0 hereof so as to reach KIOCL Limited before the due date and time of opening of online tenders.

(v) In case of MSME firm claiming exemption for submission of Tender Fee and EMD under MSMED Act. (Refer Clause No. 23 for claiming exemption under MSMED Act)

Bidder is requested to upload the scanned copy of KIOCL’s letter confirming acceptance of the firm for participation in the tender and also upload the scanned copy of MSME registration certificate. Both the above documents are to be uploaded in place of EMD upload and Tender fee upload. Bidders who are Central Government Departments / PSUs who are given exemption of payment of Tender fee only shall upload scanned copy of Declaration to this effect.

Hard copies of the above documents are to be submitted in sealed cover duly super scribing the “PART – A”, and mentioning tender No., name of the work, due date of submission and name and address of the tenderer on the envelope and the same shall be addressed to GM (Projects & TS), KIOCL Limited, Bangalore at the address given at Clause No. 13.0 hereof so as to reach before the due date and time of opening of online tender. Part-B : The following documents comprise Part-B of Bid;

Sl. No. Description Remarks

(i) Documents in support of fulfilment of Eligibility Criteria as mentioned in BDS and as per Annexure-3a & 3b to ITT.

Bidder is requested to fill Annexure-3a & 3b to ITT and scan the document along with the Award letter, completion certificates and other relevant documents for fulfilling the technical eligibility criteria and same shall be uploaded in the website as a single file. If





document size is more than 3 MB, then Bidder can split the document in multiple files and upload under same clause.

(ii) Information about the Tenderer: This shall be furnished in the prescribed pro-forma as per Annexure – 4 to ITT.

Tenderer is requested to fill Annexure-4 to ITT and scan the document along with attachment, if any. Bidder is requested to upload all the documents as a single scanned file. If document size is more than 3 MB, then Bidder can split the document in multiple files and upload under same clause.

(iii) Latest Power of Attorney (Not earlier than six months from the due date of submission of bid) of the signatory of the bid in original or duly attested by a Notary Public (with original sign and seal). (Refer Attachment 1 clause no. 8.3 (a) of ITT)

Bidder is requested to scan the power of Attorney and upload the scanned file.

(iv) Audited Financial Statements including Profit and Loss statements for the last three financial years. In case of non-availability of Audited Annual Reports for any genuine reasons, as an alternative, with reasoned proof, the bidder may submit Certified Annual Turnover for last three (3) consecutive financial years ending 31st March 2019/ Financial year end from a practicing Chartered Accountant, duly notarized, in support of their financial credentials, in lieu of the Annual Reports.

Bidder is requested to scan the audited financial results and upload the scanned file.

(v) Net worth (Refer Sl. No. 22 of Bid Data Sheet)

Bidder is requested to upload the relevant documents. If document size is more than 3 MB, then Bidder can split the document in multiple files and upload under same clause.

(vi) Working capital (Refer Sl. No. 22 of Bid Data Sheet)

Bidder is requested to upload the relevant documents. If document size is more than 3 MB, then Bidder can split the document in multiple files and upload under same clause.





(vii) Photocopy of Permanent Account Number (PAN) issued by IT department and copy of P.F Registration Certificate indicating P.F. code number allotted by any Regional Provident Fund Commissioner. Copy of Latest P.F Challan or documentary evidence in support of remittances made towards P.F shall also be submitted. Photocopy of ESI registration certificate to be submitted. .

Bidder is requested to submit scanned PAN copy issued by IT Department and PF number issued by EPFO and latest PF remittance challan, ESI registration certificate. All the above documents to be scanned together to form one file. Bidder to upload scanned file.

(viii) Copy of GSTIN registration certificate. Bidder to upload scanned GSTIN registration certificate.

(ix) Provide Bank Account details in order to facilitate payments through e-payment mode.

Bidder to upload the scanned copy of cancelled cheque.

(x) Organization set up proposed at the site work: This shall be furnished in the prescribed pro-forma as per Annexure – 7 to ITT.

Bidder to upload scanned copy of duly filled Annexure – 7 to ITT.

(xi) Time schedule in the form of BAR CHART / Network proposed by the Bidder for completion of the work within the time specified in Notice Inviting Tender (NIT).

Bidder to upload the scanned copy of Bar chart.

(xii) List of Plant and Machinery proposed to be mobilized by the Bidder.

Bidder to upload the scanned copy of list of plant and machinery proposed to be mobilized.

(xiii) Overall description of the method the Bidder proposes to adopt for carrying out the work.

Bidder to upload scanned copy of relevant document.

(xiv) Dummy price sets to be uploaded by the bidder without quoting the price, but indicating “quoted”/ “not quoted” (as the case may be), duly signed and stamped on each pages. Any footnotes, remarks etc. in the dummy price bid shall be considered only if they are in line with the bidding document otherwise such footnotes, remarks etc. are considered as deviations.

Footnotes, remarks etc. made in the Price Bid must also appear in the Un-priced / dummy copy thereof to be uploaded with Part-B of the Bid. In case of any discrepancy between the footnotes, remarks etc. made in the Un-priced copy of Price Bid and those in the Priced Price Bid, the stipulations made in the Un-priced copy of Price Bid shall prevail for the purpose of price bid evaluation. Footnotes, remarks etc. made only in the Price Bid and not featuring in the Un-priced copy shall not be taken into cognizance and shall

Bidder is requested to download the price schedule given in the tender document and fill the places where price is indicated as ‘Quoted’ / Not Quoted’ and also indicate the percentage of rates and taxes considered in the individual item. After filling the above, scan the same and upload the file as PDF format only (no other format is accepted by online platform) in the website. Please note that price should not be entered in the tables. If price is entered by mistake or otherwise, the bid may be liable for rejection.





be ignored and this shall at bidder’s cost and risk.

(xv) Technical – commercial offer as per Commercial volume and Technical Specification for the subject Tender

After going through Commercial volume and Technical specification, Please upload an undertaking that the scope of work as per Commercial volume and Technical specification is acceptable to the bidder without any Deviations.

(xvi) Quality Assurance Program

Bidder to upload the scanned detail Quality Assurance Program.

(xvii) List of information regarding any litigation, current or during last seven years

Bidder to upload the scanned document for information regarding any litigation, current or during last seven years (If no such litigations are there then statement indicating ‘nil’ has to be submitted by the Tenderer).

(xviii) Details of works in hand at present: This shall be furnished in the prescribed pro-forma as per Annexure – 6 of ITT.

Bidder to upload the scanned Annexure-6 to ITT duly filled.

(xix) Amendments/corrigenda/Addenda etc. for the tender, if any, issued by the KIOCL, duly signed, by the tenderer.

Bidder to upload the scanned Amendments/ corrigenda/ Addenda etc. for the tender issued by KIOCL. In case of no such Amendments/ corrigenda/ Addenda etc. for the tender, bidder to upload the scanned copy of NIL declaration statement.





(xx) Interpretations/ Clarifications on this tender document, if any, issued by the KIOCL, duly signed by the tenderer.

Bidder to upload the scanned Interpretations / Clarifications for the tender issued by KIOCL. In case of no such Interpretations / Clarifications for the tender, bidder to upload the scanned copy of NIL declaration statement.

(xxi) Declaration by the tenderer in his letter head that the firm is not blacklisted by any PSU/ Govt body. On verification if it is found that the tenderer has given misleading /false information, then his tender will be summarily rejected.

Bidder to upload the scanned declaration

(xxii) Tenderer must declare whether the Proprietor or any Partner of the firm or Director of their Company as the case may be, has any relation with any employee working in KIOCL.

Bidder to upload the scanned declaration.

(xxiii) Checklist for submission of Bid Bidder to submit the filled in checklist duly scanned and uploaded to website.

Part-C: Price Bid to be submitted as follows;

After submitting Part A & Part B, the Bidder needs to do the following: 1. Click on ‘Download Price’ and download the Price Schedule (Excel Document). 2. Bidder needs to fill up price in the Excel sheet(s) offline and save the file without

renaming the file name. Please note that system will not accept the renamed file. 3. Click on ‘Upload Price’ Button to upload the filled up excel file for submitting the price

bid. 4. Click on ‘Final Submission’ to submit the tender.

Price bid will be opened electronically of only those bidder(s) whose Part A & B are found to be acceptable to KIOCL Ltd. Such bidder(s) will be intimated the date of opening of Part C-Price bid, through valid email confirmed by them.

Note: The Bidders are advised to offer their most competitive prices while submitting the price bid.

Price schedule is provided with the tender document to be filled by all the bidders. Bidders are requested to note that they should necessarily submit their financial bids in the format provided and no other format is acceptable.

If the Price schedule file is found to be modified by the bidder, the bid will be rejected.

18.1 The Bidder is requested to note that the price indicated in summary price schedule (Table 1A) through online platform (without downloading the file) and the price schedule uploaded by the bidder should match. In case of any discrepancies between online platform and BOQ, online platform will prevail. However, evaluation will be based on tender stipulations. If the bidder does not accept the correction of errors, their bid will be rejected.




18.2 Price bid will be opened electronically of only those bidder(s) whose Part B Techno-Commercial Bid is found to be Techno-Commercially acceptable to KIOCL Ltd. Such bidder(s) will be intimated the date of opening of Part C Price bid, through valid email confirmed by them. The Bidder has submit their price in Part- C section online and the breakup of the same to be filled up in the BOQ format provided in the tender.

18.3 For Further Guidelines for online submission of Bid, please refer to “Important instructions to e-procurement” to NIT.

18.4 It shall be the responsibility of the Tenderers submitting the bid to ensure that the bid has been submitted in the formats and as per the terms and conditions of the tender documents and no change should be made therein. In the event of any doubt regarding the terms and conditions/ formats, the bidder concerned may seek clarifications from MECON. In case, any tampering/ unauthorized alteration is noticed in the Bid submitted from the Bidding Document available on the above mentioned Websites, the said Bid shall be summarily rejected and the company (KIOCL/ MECON) shall have no liability whatsoever in the matter.

18.5 KIOCL/ MECON takes no responsibility for delay, loss or non-receipt of documents sent by post. No financial obligations shall accrue to the KIOCL/ MECON in such an event.

18.6 The project is of prime importance and the bid is to be finalized within shortest possible

time. As such, Tenderer is requested to furnish an exhaustive and complete offer so that need for clarifications/ discussions can be minimized.

18.7 The Bidder shall visit the site and acquaint themselves of the prevailing local conditions

before submitting their bid and confirm in the letter of undertaking (Annexure - 1 to ITT) that the bidder has visited the site. Bidder shall note that site visit and site visit certificate is mandatory.

For visiting the site, the Bidder shall contact the following officer:

Jt. General Manager, Blast Furnace Unit KIOCL Limited, Panambur, Mangaluru – 575010 Telephone: 0824-2409681 E-Mail: [email protected]; [email protected]

18.8 Tenderers, who are associated for this Tender with the Consultant (MECON Limited) or any of its associates that have been engaged by the KIOCL to provide Consultancy Services for the preparation of design, Specifications & other documents to be used for procurement of the facilities to be purchased and installed under this Invitation are ineligible to bid for this tender.

18.9 Tenderers shall not directly or indirectly, take any service or assistance from the above

referred Consultant for the above work and for any work related to the KIOCL, if he becomes successful Tenderer.

19. Validity of the bid

The bid shall be kept valid for a period of 6 months from the due date of submission of the bid.




19.1 The KIOCL reserves the right to accept or reject any bid or to annul the Bidding process and reject all bids at any time prior to award of the Contract without assigning any reason whatsoever and without thereby incurring any liability whatsoever to the affected Tenderer(s). Mere purchase and submission of tender document shall not mean fulfillment of requirements of eligibility of the Tenderer(s).

20. The Tender Documents are non-transferable and shall be used by the Purchaser of the

Tender document or by the tenderer who have downloaded the tender document from KIOCL’s website only for the specific purpose for which the Tender document have been issued / uploaded on KIOCL’s website.

21. There will be no post Tender Price Negotiation except with L-1 (i.e. the lowest evaluated

responsive Bid), if required.

22. THIS IS A ‘NO DEVIATION’ TENDER AND OFFER OF THE BIDDERS TAKING DEVIATIONS IN ANY TERMS & CONDITIONS OF THE TENDER SHALL BE REJECTED.

23. PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL ENTERPRISES (MSEs)‐

2012

1. To provide the following benefits to the MSE’s as per the guidelines for Public Procurement Policy for MSEs Order, 2012 for the goods or services, where the goods or services cannot be split, provided the MSEs are registered for the tendered goods or services respectively and submit the valid registration certificate duly notarized in this regard.

a) Issue of tender document free of cost. b) Exemption from submission of EMD.

2. In case of bid is submitted by a Association not having all the members as SSI units,

no benefits under MSME circular shall be extended. 24. Central Government departments/PSUs will be exempted from paying tender

fee/cost of tender document only, in other words, they will not be granted any exemption from submission of EMD/Security Deposit.

25. Even if a Bidder is found to be meet all the eligibility criteria and other requirements, he is

liable to be disqualified, without prejudice to KIOCL’s right to take legal actions as per applicable law, if it comes to knowledge that he has made untrue or false representations in the forms, statements, translations and enclosures submitted in proof of eligibility and qualification requirements and / or made any misrepresentation of facts in order to influence the tendering process and its outcome and the same is found to be true by the KIOCL upon verification or otherwise.

26. The Tender Documents are non-transferable and shall be used by the Bidder to whom it has been issued/downloaded by the bidder.




27. This Notice Inviting Tender will form part of the Tender document.




Instructions to e-procurement/ e-tender: A) Registration: The process involves vendor’s registration with MSTC Limited e-

procurement portal (www. mstcecommerce.com) which is free of cost. Only after registration, the vendor(s) can submit his/their bids electronically. Electronic Bidding for submission of Techno-Commercial Bid as well as Price Bid over the internet will be done. The vendor should posses Class III signing type digital certificate. Vendors are to make their own arrangement for bidding from a Personal Computer connected with Internet. MSTC Ltd is not responsible for making such arrangement. (Bids will not be recorded without Digital Signature).

SPECIAL NOTE: THE PRICE BID AND THE COMMERCIAL BID HAS TO BE SUBMITTED ON- LINE AT http://www.mstcecommerce.com/eprochome/kiocl/

a. Vendors are required to register themselves online with http://www.mstcecommerce.com/eprochome/kiocl/ →Register as Vendor (Vendors) Filling up details and creating own user id and password→ Submit.

b. Vendors will receive a system generated mail confirming their registration in their email which has been provided during filling the registration form.

In case of any clarification, please contact MSTC Limited, (before the scheduled time of the e- tender).

Contact Persons at MSTC Ltd are as under

c. System Requirement:

i) Windows 98 /XP-SP3 & above/Windows 7 Operating System ii) IE-7 and above Internet browser iii) Signing type digital signature - Class 3. iv) JRE 8 update 144 and above software to be downloaded and installed in

the system. v) To enable ALL active X controls and disable “use pop up blocker‟ under Tools→

Internet Options→ custom level

FOR DETAILS PLEASE GO THROUGH THE VENDOR GUIDE AND THE VIDEO UNDER “VIEW VIDEO” LINK AT www.mstcecommerce.com/eprochome

Vendor

GuideLinkhttp://www.mstcecommerce.com/eprochome/UserManualVendor.pdf. VideoLink.http://www.mstcecommerce.com/auctionhome/RenderFileViewVideo.

jsp?file=IE- Configuration.mp4

Shriyansh Jain RavindranathEmail: [email protected] Email: [email protected]

Mobile : 7411651015 Mobile : 7676456095

Land Line : 080 22260054/22266417 Extn 205




1) Bidders are instructed to use Attach Documents through the attach document button present under event number selected. Multiple documents can be uploaded. Maximum size of single document for upload is 3 MB.

2) For further assistance please follow instruction of vendor guide http://www.mstcecommerce.com/eprochome/UserManualVendor.pdf

3) All notices and correspondence to the bidder(s) shall be sent through email during the process till finalization of tender by KIOCL Ltd. Hence the bidders are required to ensure that their email I.D provided is valid and updated at the stage of registration of vendor. Bidders are also requested to ensure validity of their DSC (Digital Signature Certificate).

4) Please note that there is no provision to take out the list of parties who are downloading the tender document from the web site mentioned in NIT. As such, bidders are requested to see the web site once again before the due date of tender opening to ensure that they have not missed any corrigendum uploaded against the said tender after downloading the tender document. The responsibility of downloading the related corrigendum, if any, will be that of the bidders.

5) No separate intimation in respect of corrigendum to this NIT (if any) will be sent to bidders who have downloaded the documents from web site. Please see website www.mstcecommerce.com/ eprochome/kiocl of MSTC Ltd. or www.kiocl.co.in of KIOCL Ltd.

6) E-tender cannot be accessed after the due date and time mentioned in NIT.

B) Bidding in e-tender:

a) The process involves Electronic Bidding for submission of Techno Commercial Bid as well as Price Bid.

b) The bidder(s) can submit their Techno Commercial Bids and Price Bid through internet in MSTC Ltd website www.mstcecommerce.com/eprochome/kiocl→ Vendor Login → My menu→ Auction Floor Manager→ live event →Selection of the live event→ Techno Commercial Bid.

c) The bidder should allow to run an application namely enApple by accepting the risk and clicking on run. This exercise has to be done twice immediately after clicking on the Techno- Commercial bid. If this application is not run then the bidders will not be able to save/submit his/her bid.

d) After filling the Techno-Commercial Bid, bidders should click„ save for recording their Techno-Commercial bid. Once the same is done, the Price Bid link becomes active and the same has to filled up and then bidders should click on “save” to record their price bid. Then once both the Techno-Commercial bid & price bid has been saved, the bidders can click on the “Submit” button to register their bid

NOTE: - The Techno-Commercial Bid & price bid cannot be revised once the submit button has been clicked by the bidders.

e) In all cases, bidders should use their own ID and Password along with Digital Signature at the time of submission of their bid.

f) During the entire e-tender process, the bidders will remain completely anonymous to one another and also to everybody else.

g) The e-tender floor shall remain open from the pre-announced date & time and for as much duration as mentioned above.




h) All electronic bids submitted during the e-tender process shall be legally binding on the bidders. Any bid will be considered as the valid bid offered by that bidder and acceptance of the same by KIOCL Ltd will form a binding contract between KIOCL Ltd and the Bidder for execution of work. Such successful bidder shall be called hereafter Contractor.

i) It is mandatory that all the bids are submitted with digital signature certificate otherwise the same will not be accepted by the system.

j) KIOCL Ltd reserves the right to cancel or reject or accept or withdraw or extend the tender in full or part as the case may be without assigning any reason thereof.

k) Submission of bid in the e-tender floor by any bidder confirms his acceptance of all

terms & conditions of the tender without any deviations.

l) Unit of Measure (UOM) is indicated in the e-tender. Rate to be quoted should be in Rupee as per UOM indicated in the e-tender /tender document.

C) Submission of Bids :

a.) Login to www.mstcecommerce.com/eprochome/KIOCL →Vendor Login → My menu→ Bidding Floor → live event →Selection of the live event→ Fill PART A, PART B and PART C and upload the docs.

b.) The bidder should allow to run an application namely enApple by accepting the risk and clicking on run. This exercise has to be done immediately after clicking on the Commercial bid. If this application is not run then the bidders will not be able to save/submit his/her bid.

c.) PART A: 1.) Commercial bid will be opened electronically on specified date and time as given in

the NIT. Bidder(s) can witness electronic opening of bid. 2.) Bidder(s) need to submit necessary Tender fee and EMD as mentioned in Clause

respectively of the schedule of tender, to be eligible to bid online in the e-tender. Tender fees is non refundable. No interest will be paid on EMD. EMD of the unsuccessful bidder(s) will be refunded by KIOCL Ltd.

3.) The bidder has to submit scan copies of all the documents as mentioned in the NIT for PART A along with the hardcopies to KIOCL before scheduled closing time.

4.) If any of the documents are not submitted, the bidder shall be considered as non-responsive and their bid shall be liable for rejection and PART-B of such unresponsive bid will not be opened.

d.) PART B: Techno-Commercial bid will be opened electronically whose Part A Commercial Bid is found to be Commercially acceptable to KIOCL Ltd on specified date and time as given in the NIT. Bidder(s) can witness electronic opening of bid.

e.) PART C:




After submitting PART A & Part B, the vendor needs to do the following: 1. Click on ‘Download Price’ and download the Price Schedule (Excel Document). 2. Bidder needs to fill up price in the Excel sheet(s) offline and save the file without

renaming the file name. Please note System will not accept the renamed file. 3. Click on ‘Upload Price’ Button to upload the filled up excel file for submitting the price

bid. 4. Click on ‘Final Submission’ to submit the tender. Price bid will be opened electronically of only those bidder(s) whose Part B Techno-Commercial Bid is found to be Techno-Commercially acceptable to KIOCL Ltd. Such bidder(s) will be intimated the date of opening of Part C Price bid, through valid email confirmed by them. Note: The Bidders are advised to offer their most competitive prices while submitting the price bid.

f.) All entries in the tender should be entered in online Technical & Commercial Formats

without any ambiguity. g.) All notices and correspondence to the bidder(s) shall be sent through email during the

process till finalization of tender by KIOCL Ltd. Hence the bidders are required to ensure that their email I.D. provided is valid and updated at the stage of registration of vendor. Bidders are also requested to ensure validity of their DSC (Digital Signature Certificate).

h.) Please note that there is no provision to take out the list of parties who are downloading the Tender document from the web site mentioned in NIT. As such, bidders are requested to see the web site once again before the due date of tender opening to ensure that they have not missed any corrigendum uploaded against the said tender after downloading the tender document. The responsibility of downloading the related corrigenda, if any, will be that of the bidders.

i.) No separate intimation in respect of corrigendum to this NIT (if any) will be sent to bidders who have downloaded the documents from web site. Please see website www.mstcecommerce.com/eprochome/KIOCLof MSTC Ltd. or www.kioclltd.in of KIOCL Ltd

j.) Any order resulting from this e-tender shall be governed by the terms and conditions mentioned therein as well as in the tender document.

k.) After submitting online bid, the bidder cannot access the tender, once it has been submitted with digital signature.

l.) The bidders must upload all the documents required as per terms of NIT. Any other document uploaded which is not required as per the terms of the NIT shall not be considered.




m.) The bid will be evaluated based on the filled-in technical & commercial formats.

For KIOCL Limited

(G V KIRAN) General Manager (Projects & TS) KIOCL Ltd., Sarjapur Road, Koramangala, 2nd Block Bangalore – 560 034 Ph: +91 9937290883 E. Mail: [email protected]



KIOCL/TS/BFU/Site Levelling/PKG-11A/F-537 ITT Page 1 of 53

1.1.1 INSTRUCTIONS TO TENDERERS (ITT) TABLE OF CONTENTS

S No. Item Page no.

A. Introduction 1. Eligible Bidders 3 2. Cost of Bidding 3 B. The Bidding Document 3. Content of Bidding Documents 3 4. Pre-bid Meeting 5 5. Clarification of Bidding Documents 5 6. Amendment of Bidding Documents 7 C. Preparation of Bid 7. Language of Bid 7 8. Documents Comprising the Bid 7 9. Letter of Undertaking and Price Schedules 9

10. Price Basis 9 11. Bid Security 9 12. Period of Validity of Bid 12 13. Signature of The Bidder 12 D. Submission of Bids 14. Sealing and Marking of Bids 16 15. Deadline for Submission of Bids 17 16. Late Bids 18 17. Modification and Withdrawal of Bids 18 E. Opening and Evaluation of Bids 18. Opening of Bids by Employer 18 19. Clarification of Bids 19 20. Preliminary Examination of Bids 19 21. Techno-Commercial Evaluation of Bid 19 22. Qualification 20 F. Clarification Meeting 23. Clarification of Bids and Review of Bidders’ Proposed Alternative

Solutions 20

24. Updated Technical, Commercial and Price Bid 21 25. Price Bid Evaluation Including Reverse Auction 21 26. Contacting the Employer 23 G. Award of Contract 27. Changes in Qualification Status 23 28. Award Criteria 23 29. Employer’s Right to accept Any Bid and to reject Any or All Bids 23




S No. Item Page no. 30. Notification of Award 23 31. Signing of Contract Agreement 24 32. Performance Security (Performance Bank Guarantee) 24 33. Risk Purchase Action 25 34. Transfer of Bid Document 25 35. Disqualification of Bidder 25 36. Integrity Pact 25 37 Compliance with Company Law 26 38 Corrupt or Fraudulent Practices 26 39. Sub-Contractor 26 40. General 27 41. Disclosure of Conflict of interest 27

Annexure to ITT

Annexure – 1 Proforma of Letter of Undertaking 28

Annexure – 2 Bank Guarantee towards Earnest Money Deposit 31

Annexure--3a & 3b Eligibility requirement information 34

Annexure – 4 Information about the Bidder 37

Annexure –5 No Deviation Declaration 40

Annexure – 6 Details of works in Hand at present 41

Annexure-7 Organization set-up at project site 42

Annexure -8 Integrity Pact 43 Annexure -9 Process of e-Reverse auction 49




INSTRUCTIONS TO TENDERERS (ITT) A. INTRODUCTION 1. Eligible Bidders 1.1 This Notice Inviting Tender (NIT), issued by the Employer, is for the Bidder meeting

the eligibility criteria.

1.2 Bidders who are associated for this Tender with Consultant or any of its associates that have been engaged by the Employer to provide Consultancy Services for the preparation of design Specifications & other documents to be used for procurement of the Facilities to be purchased and installed under this Invitation are ineligible to bid for this tender.

1.3 Bidder shall not directly or indirectly, take any service or assistance from the above

referred Consultant for the above work, if he becomes successful Bidder.

1.4 The Employer's Consultant (s) for the Facilities shall not be eligible to submit their bid.

2. Cost of Bidding 2.1 The Bidder shall bear all costs associated with the preparation and submission of

its bid, and the Employer will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

B. THE BIDDING DOCUMENTS 3. Bidding Documents 3.1 Content of Bidding Documents

a) The complete set of tender documents should be downloaded in totality from the website mentioned in NIT. In such cases the prospective Tenderers may have to register themselves as new user furnishing full details about Company / self, before downloading. Offers of those bidders who have downloaded the tender documents directly from website mentioned in NIT only will be accepted. Tenders of those bidders who have downloaded the tender documents from any other source will be summarily rejected.

b) In case a bidder downloads Bid document then bidder shall submit non-refundable

fee towards cost of the Bidding Document along with their bid in the form of DD drawn in favour of KIOCL Limited and payable at Bangalore.

c) The Tender Documents are non-transferable and shall be used by the tenderer

who have downloaded the tender document from website only for the specific




purpose for which the Tender document have been uploaded on Employer’s website. The Facilities/work required, bidding procedures, Contract terms and technical requirements are prescribed in the Bidding Documents. The Bidding Documents include the following sections:

The Bidding Documents consist of:

Volume-I:-

1. Press e-tender Notification 2. Notice Inviting Tender (NIT). 3. Instructions to Tenderers (ITT) with Annexure 1 – 9.

Annexure – 1 Proforma of Letter of Undertaking Annexure – 2 Bank Guarantee towards Earnest Money Deposit Annexure-3a & 3b Eligibility requirement information

Annexure – 4 Information about the Bidder Annexure –5 No Deviation Declaration Annexure – 6 Details of works in Hand Annexure– 7 Organization set-up at site Annexure -8 Integrity Pact Annexure -9 Methodology for Reverse auction

4. Form of Contract Agreement and Appendices 1 to 3

List of Appendices: Appendix-1: Price Schedules Appendix-2: Time Schedule Appendix-3: Terms of Payment

5. Special Conditions of Contract (SCC) 6. General Conditions of Contract (GCC) and Annexure Volume-II 1. Technical Specifications (TS) as separate volume.

3.2 The Bidder shall download the “Bidding Document” available in the website in

totality.

3.3 It shall be the responsibility of the prospective bidders to ensure that the Bids have been submitted in the formats and as per the terms and conditions prescribed in the website and no change is made therein. The documents placed in website along with this detailed Notice Inviting Tender/Bid (NIT) forms the complete bidding document.




All the documents along with detailed NIT as placed in the website are final including clarification, drawings, corrigendum, if any. On verification, at any time, whether the Bidder is successful or not, if any of the documents submitted by the Bidder including the documents downloaded from Employer’s above mentioned website / issued are found tampered/ altered / incomplete, they are liable for rejection, cancellation & termination of the Contract, debarring, etc. as per the rules of the Company.

In case of any discrepancies between Bid documents submitted by the Bidder and the master copy available with KIOCL, the master copy shall be considered authentic and shall be binding on the Bidder. No claim on this account from the Bidders will be entertained.

3.4 The bidder shall submit non-refundable fee (in the form of DD/Banker’s Cheque

drawn in favour of KIOCL LIMITED payable at Bangalore or online payment) towards cost of the Bidding Document along with their bid, as per details given in Bidding Document.

3.5 It will be presumed that the Bidder have gone through the entire bidding documents

available in the website, which shall be binding on them. 4. PRE-BID MEETING No Pre-Bid meeting shall be held. All queries shall be sent by email to

[email protected] with a copy to [email protected] by 20-07-2020.

5. Clarification of Bidding Documents

5.1 The Bidder is required to carefully examine the Bidding Documents, terms & conditions of Form of Agreement, drawings and other details relating to work given in the Bidding Documents and fully acquaint himself as to all conditions and matters which may in any way affect the work or the cost thereof. Bidder is deemed to have known the scope, nature and magnitude of the work and the requirements of materials, labour involved, site conditions etc.

Failure to furnish all information required by the Bidding Documents or submission of a bid not substantially responsive to the Bidding Documents in every respect will be at the Tenderer’s risk and may result in rejection of such bids.




5.2 A Bidder requiring any clarification of the Bidding Documents may notify the Employer in writing or e-mail at the Employer’s mailing address indicated in the Notice Inviting Tender and BID DATA SHEET In particular, if a Bidder desires to seek any clarification on the documents including those listed in ITT Sub-Clause 19.1, such a clarification should be raised at this stage. The Employer will respond in writing to any request for clarification or modification of the Bidding Documents that it receives not later than 14 (fourteen) days prior to the deadline for submission of bids prescribed by the Employer. Written copies of the Employer / consultant response will be sent to all prospective Tenderers who have purchased the Bidding Documents and the same shall also be uploaded in the website of Employer/Consultant.

Any clarification/amendment/corrigendum issued prior to submission of Bids would be put on the web site mentioned in NIT and also may be sent by email to bidders. All such clarifications shall form part of Bid documents. Bidders have to examine all clarifications on the website periodically & submit their bids accordingly. In case any queries remain un-replied, it shall be construed that in respect of those queries, the respective stipulations of the Bidding Documents shall continue to apply and/or no new stipulations are made with respect to those queries.

The Tenderer shall be deemed to have visited and examined the site where the Work are to be carried out and its surroundings and obtained for itself on its own responsibility all information, the nature & details of existing structures, if any, and also as to the nature & conditions of Railways, roads, bridges & culverts, means of transport & communications, whether by land, water or air and as to possible interruptions thereto and access and aggress from the site, to have made independent enquiries, examined and fully satisfied itself as to the sources for obtaining sand, stones, bricks and all other construction materials, underground existing services, sub-soil conditions, subsoil water conditions, storms, prevailing winds, climatic conditions and all other similar matters which may affect the work, that may be necessary for preparing the bid and entering into a Contract for execution of work. The costs of visiting the site shall be at the Tenderer’s own expense.

5.3 The Bidder and any of its authorized personnel or representative will be granted

permission by the Employer to enter upon its premises and lands for the purpose of inspection, but only upon the condition that the Bidder, its personnel and representative will release and indemnify the Employer and its representatives from and against all liability in respect thereof and will be responsible for death or personal injury, loss of or damage to property and any other loss, damage, costs and expenses incurred as a result of the inspection.

5.4 The Bidder shall be deemed to have acquainted itself of local/ Government taxes, duties, laws, statute, regulations, levies and other charges relating to supplies to be made, services to be rendered and works to be done at site as applicable at the work site.

5.5 Any neglect or omission or failure on the part of the Bidder in obtaining necessary and reliable information or on any other matter affecting the Bidder, shall not




relieve the Bidder from any risk or liability or the entire responsibility for completion of the work in accordance with the Bidding Documents.

Any clarification/amendment issued prior to submission of Bids will be put on the web site of Employer/Consultant and Central Procurement portal for the purpose of downloading by all the prospective Tenderers who have downloaded Bid documents and also will be communicated to these Tenderers either by e-mail/fax. Tenderers shall submit their bids accordingly. A copy of such clarifications shall be enclosed with the bid. All such clarifications shall form part of Bid documents.

The Tenderers who download the Bid document have to check the website of Employer/Consultant and / or CPP portal periodically.

6. Amendment of Bidding Documents 6.1 At any time, up to seven (7) days prior to the deadline for submission of bids, the

Employer may, for any reason, whether at its own initiative, or in response to a clarification requested by a bidder, amend the Bidding Documents.

6.2 Any corrigendum/ clarifications thus issued shall be part of the Bidding Documents and shall be hosted on the websites as mentioned above. All the prospective bidders shall be informed by e-mail about the corrigendum/ clarifications to bidder’s query for their reference. All bidders would be presumed to have examined all amendments & have submitted their bids accordingly.

6.3 In order to afford bidders reasonable time to take the amendment into account in preparing their bid, the Employer may, at its discretion, extend the deadline for the submission of bids. Notification of extension, if any, of the deadline for submission of bids, shall be put on the web-site mentioned in NIT also.

C. PREPARATION OF BID 7. Language of Bid 7.1 The bid prepared by the Bidder and all correspondence & documents related to

the bid exchanged by the Bidder and the Employer, shall be written in the English language. Bid submitted in any other language is liable to be rejected. In case any printed literature furnished by the Bidder, is written in another language, it must be accompanied by a translation of its pertinent passages in the English language and for the purposes of interpretation of the bid, such translation shall govern.

7.2 In case any printed literature/ any documents furnished by the Bidder, is written in

another language, it must be accompanied by a translation of its pertinent passages in the English language, duly authenticated/ certified by a notary/ local chamber of commerce/ any legal authority of the bidder’s country/ authorized representative of Indian Embassy/ consulate in bidder’s country and for the purposes of interpretation of the bid, such translation shall govern.However, the Tenderer shall be responsible for the accuracy and completeness of such translation provided by him. Documents with original signatures and seal shall be submitted with original of the bid.




8. Documents Comprising the Bid 8.1 The bid duly completed and signed by the Bidder together with Attachments and

amendments/ corrigenda of bids, if any should be submitted and shall comprise the following documents in separate sealed covers:

Part-A - “Cost of tender document, Bid Security (EMD), Letter of

Undertaking and Integrity pact (if applicable)”,

Bid Security shall be in the following forms:

(a) a Bank Draft / Online payment or (b) a Bank Guarantee from Nationalised Bank/scheduled

commercial bank in the form provided in the bidding documents

Part-B - “Techno-Commercial Bid”

Vol. – I- Commercial along with blank price format with the word “QUOTED” in place of price data furnished in the Price Bid.

Vol. - II- Technical Part-C - “Price Bid” only.

8.2 Any footnotes, remarks etc. made in the Price Bid must also appear in the Un-priced copy thereof to be submitted with Part-B of the Bid. In case of any discrepancy between the footnotes, remarks etc. made in the Un-priced copy of Price Bid and those in the Priced Price Bid, the stipulations made in the Un-priced copy of Price Bid shall prevail for the purpose of price bid evaluation. Footnotes, remarks etc. made only in the Price Bid and not featuring in the Un-priced copy shall not be taken into cognizance and shall be ignored.

8.3 Attachments to the Bid

Each Bidder shall submit with its bid the following attachments:

(a) Attachment 1 : Power of Attorney

* to be attached with Part B A power of attorney, duly authenticated by a Notary Public, indicating that the person(s) signing the bid have the authority to sign the bid and thus that the bid is binding upon the Bidder during the full period of its validity, in accordance with ITT Clause 12.




In case the bidder is a limited company, a copy of resolution passed by the Board of Directors of that company authorizing that person to file the bid on behalf of the company. The copy of the said resolution should have the common seal of the company and be attested either by the company secretary or its Director.

(b) Attachment 2 : Eligibility and Conformity of the Facilities

to be attached with part B

Documentary evidence established in accordance with ITT Clause 1 that the Facilities offered by the Bidder in its bid is eligible & conform to Bidding Documents.

9. Letter of Undertaking and Price Schedules 9.1 The Bidder shall complete the Letter of Undertaking (ITT - Annexure- 1) and

appropriate Price Schedules furnished in the Bidding Documents in the manner and detail indicated therein and submit the same with its bid.

10. PRICE BASIS 10.1 The work is on Item Rate Basis. The tenderers shall quote their price for the entire

scope of works as per the enclosed price schedule of tender documents. Tenderers quoting a system of pricing other than that specified are liable to be rejected.

10.2 The tenderer shall indicate tender prices in Indian Rupees only.

10.3 The prices shall be quoted according to indicated unit of measurement. The rates quoted by the firm for all items indicated in the price schedule shall be firm and not subject to any escalation whatsoever during the entire period of the contract.

10.4 The tenderer shall fill in rates and prices for all items of the Works described in the Bill of Quantities. In the BOQ, if the tenderer does not quote rates for 5% or more of items indicated in the BOQ, then the offer shall be rejected and if the tenderer quotes and erroneously does not indicate rates for less than 5 % of items indicated in the BOQ, then rates of H1 shall be considered for those particulars items for evaluation. However, zero rates shall be considered to incorporate in work order/LAC for payment against the items not quoted by the tenderers.

10.5 The Contract price shall include all charges, duties, levies, cess, etc. but excluding

GST. The contract price shall also include all necessary charges towards insurance and freight etc. GST shall be paid extra as applicable.




11. Bid Security (EARNEST MONEY DEPOSIT- EMD) 11.1 EMD is paid by each tenderer (unless otherwise specified in tender document) to

enable KIOCL to ensure that a tenderer does not back out of their tender before its acceptance, or refuse to execute the work after it has been awarded to them.

EMD as specified in NIT shall accompany the tender in Part A of the tender as tender guarantee. The Tender Guarantee offered should be in one of the following alternative forms:

(i) A crossed bank draft in favour of KIOCL LIMITED payable at Bangalore

from any Nationalised Bank/ Scheduled Commercial in India or Online Payment Through RTGS.

(ii) An irrevocable Bank Guarantee of any Nationalised Bank / Scheduled

Commercial Bank in favour of KIOCL LIMITED Bangalore Pro-forma of the Bank Guarantee is enclosed as Annexure-2 to ITT. In case the bidder intends to submit bid security in the form of Bank Guarantee, then it is the responsibility of the bidder to ensure that the Original Bank Guarantees as applicable for the purpose of tender / Contract are submitted directly within stipulated time by their bankers to the Tender Receiving Authority / Owner i.e. KIOCL Limited under Registered Post (A/D). The bidder must submit a photocopy of the same bank guarantee along with his tender / relevant contract document for linking. In the event of discrepancy between the original bank guarantee with respect to the copy of BG as submitted by the bidder or the duplicate copy of BG as sent by the bank, and / or delays in submission of original / duplicate BGs, the bid, shall be liable for rejection. In case, EMD BG is not reached within the stipulated date and time of submission of tender or copy of bank guarantee is not in Part-A of the tender, then the tender shall be summarily rejected and Part-B of such offer shall not be opened.

11.2 The EMD will be forfeited if,

(i) The tenderer modifies or withdraws his offer after due date and time after submission of bids.”

(ii) The tenderer resiles from his offer during the validity period.

(iii) The tender is revoked during its validity period by the tenderer. (iv) The validity of the BG is not extended / kept valid for a period of three

months beyond the extended validity of the offer.




(v) The tenderer increases the prices unilaterally after the opening of Part A

and B and during the validity period of the tender.

(vi) The successful Tenderer does not submit the duplicate copy of Letter of Award of Contract issued within 15 (fifteen) days from the date of issue as a token of acceptance, unless any other period has been agreed in writing.

(vii) Subsequent to acceptance of the Letter of Award of Contract (LAC) by the successful tenderer, the tenderer refuses to enter into Contract Agreement within the specified time or its authorised extensions.

(viii) The successful tenderer fails to submit the BG towards the Contract

Performance Guarantee within the period specified.

(ix) The bidder does not accept correction of the Bid Price, pursuant to the provisions of tender document on Discrepancies and Adjustment of Errors / Corrections of Errors.

(x) The successful tenderer fails to commence work within the stipulated date of commencement as per Letter of Award of Contract.

11.3 The EMD shall be made payable without any condition to KIOCL `On Demand'.

The EMD shall be valid for a period of three (3) calendar months beyond the validity of the tender offer, i.e. Nine (9) months from the due date of submission of the tender. In case of extension of validity of the offer, the BG submitted towards EMD will also to be extended for a further period of three (3) months beyond the extended period of validity of offer failing which the validity extension given by the Tenderer (as submitted in validity extension letter) shall not be considered

11.4 In consideration of the Employer considering the Tender for purpose of award, the

Tenderer shall keep his Tender valid for a period of six (6) months from the last date of submission of the Tender, during which period the Tenderer agrees not to vary, alter or revoke his tender as a whole or in part. If the Tenderer, however, fails to keep his Tender valid for 06 months or varies it during the period then the Employer shall be entitled to forfeit the EMD amount without any notice or proof of damages etc.

11.5 In case the Tenderer is requested to extend the validity of the offer along with

extension of validity of BG towards EMD, the Tenderer may refuse the request in writing. In such a case the Tenderer’s offer will be rejected and the Bid Security submitted by the Tenderer shall be returned within 30 (thirty) days after expiry of validity period of offer on Tenderers request.

11.6 The EMD shall be returned within 30 (Thirty) days to those tenderers whose offer

does not meet the PQ requirements or whose offers are not found techno commercially acceptable after scrutiny.




11.7 The EMD of those tenderers whose offers are found techno commercially

acceptable after scrutiny but are unsuccessful after price bid opening, their EMD shall be returned within 30 days after price bid opening.

11.8 The EMD of the successful tenderer to whom the contract is awarded will be

returned after the said tenderer provides the Security Deposit and signs the Contract Agreement.

11.9 If the successful tenderer fails to submit Security Deposit as specified within 30

days after the date of issue of Letter of Award of Contract, or fails to sign the contract agreement, then the EMD amount will be forfeited by the Employer, without any notice or proof of damages etc.

11.10 Any tender not accompanied by EMD along with Letter of Undertaking in Part A of

the offer in accordance with above said provisions shall be considered as unresponsive and rejected.

11.11 EMD refund will be done by RTGS only for the Bidders submitting EMD by Demand

Draft. 11.12 No interest will be payable on the Bid Security.

12. Period of Validity of Bid

12.1 Bids shall remain valid for six (6) months from the due date of submission of tender and accordingly Tenderer shall submit Letter of undertaking as per Annexure –1 to ITT. A bid valid for a shorter period shall be rejected by the Employer as being nonresponsive.

12.2 If required, the Employer may request the Tenderer to extend the bid validity period. The request and responses thereto shall be made in writing. If a tenderer accepts to extend the period of validity of bid, the BG submitted towards EMD will also be extended for a further period of three (3) months beyond the extended period of validity of offer failing which the validity extension given by the Tenderer (as submitted in validity extension letter) shall not be considered. A Tenderer may refuse the request without forfeiture of his EMD. The tenderer accepting such request shall not modify their bid on their own.

13. SIGNATURE OF THE BIDDER




(a) Each and every page of the Bid proposal shall be signed by the Bidder with his usual signature. The name of all persons signing shall also be typed or printed below the signature.

(b) In case of a partnership of Hindu Joint Family firm, Bid must be furnished with

full names of all partners. Bids may be signed by only one of the partners or manager, as the case may be, or by any other duly authorized representative followed by the name and designation of the person so signing.

(c) Bids of a company shall be signed, on behalf of the Company, by a person

authorized to do so and a Legal Power of Attorney showing the authority of the person to sign the Bid on behalf of the Company shall accompany the Bid.

(d) Signature of the Bidder or his authorized representative shall be attested by

signatures and addresses by two responsible persons as witnesses. (e) All signatures shall be dated. (f) A Bid by a person who affixes to his signature the word 'President', 'Managing

Director', 'Secretary', 'Agent' or other designation without disclosing as principal will be rejected.

(g) Satisfactory evidence of authority of the person signing on behalf of the Bidder

shall be furnished with the Bid. (h) The Bidder's name stated on the proposal shall be the exact legal name of the

firm. (i) All corrections are to be attested. (j) Bids not conforming to the above requirements of signing are liable for

disqualification. 14.0 SUBMISSION OF BIDS Bid shall be submitted in three (3) parts: Part A : Part-A of Bid shall consists of documents as below;




i) Letter of undertaking as per Annexure – 1 to ITT

ii) Bank Guarantee as per Annexure – 2 to ITT / DD/ online payment towards

EMD (Refer Clause no.11 of ITT) iii) Integrity Pact duly filled and signed as per pro-forma enclosed in Anexure-

8 ITT & the manner given in bidding document

iv) Cost of bidding document in the form of Demand Draft/Banker Cheque or online payment in the manner given in bidding document

Part-B :

Part-B of Bid shall consists of all documents and details, which the Bidder considers it prudent, w.r.t their eligibility requirement, Technical and Commercial offer in terms of requirements set forth in bidding documents and shall also include the following: i) Documents in support of fulfilment of Eligibility Criteria as mentioned in

BDS and details as per Annexure-3a to ITT.

ii) Audited Balance Sheet & Profit and Loss statements for the last three financial years duly self certified Chartered Accountant Certified Annual Turnover for last three (3) consecutive financial years and details as per Annexure-3b to ITT.

iii) Amendments/corrigenda/Addenda etc. for the work, if any, issued by the

OWNER, duly signed, by the tenderer. iv) Information about the Bidder: This shall be furnished in the prescribed pro-

forma as per Annexure – 4 to ITT.

v) Bidder(s) shall furnish No Deviation Declaration as per Annexure – 5 to ITT.

vi) Dummy price sets to be submitted by the bidder without quoting the rates,

but indicating “quoted”/ “not quoted” (as the case may be), duly signed and stamped on each pages. Any footnotes, remarks etc. in the dummy price bid shall be considered only if they are in line with the bidding document otherwise such footnotes, remarks etc. are considered as deviations.

Footnotes, remarks etc. made in the Price Bid must also appear in the Un-priced / dummy copy thereof to be submitted with Part-B of the Bid. In case of any discrepancy between the footnotes, remarks etc. made in the Un-priced copy of Price Bid and those in the Priced Price Bid, the stipulations




made in the Un-priced copy of Price Bid shall prevail for the purpose of price bid evaluation. Footnotes, remarks etc. made only in the Price Bid and not featuring in the Un-priced copy shall not be taken into cognizance and shall be ignored and this shall at bidder’s cost and risk Any Suo-moto discount offered by the Bidder other than in Price Bid shall not be considered. Any discount if indicated in Price bid (Part –C), the same shall also be mentioned in Un-priced Dummy price set. No cognizance shall be taken for any discount mentioned in price bid if the same is not mentioned in Un priced Dummy price set for price evaluation.

vii) Latest Power of Attorney (Not earlier than six months from the due date of

submission of bid) of the signatory of the bid in original or duly attested by a Notary Public (with original sign and signature). (Refer Attachment 1 clause no. 8.3 (a) of ITT)

viii) Photocopy of Permanent Account Number (PAN) issued by IT

department and copy of P.F Registration Certificate indicating P.F. code number allotted by any Regional Provident Fund Commissioner. Copy of Latest P.F Challan or documentary evidence in support of remittances made towards P.F shall also be submitted.

ix) Copy of GST registration certificate.

x) Provide Bank Account details in order to facilitate payments through e-

payment mode.

xi) Declaration by the tenderer in his letter head that the firm is not blacklisted by any PSU/ Govt body. On verification if it is found that the tenderer has given misleading /false information, then his tender will be summarily rejected.

xii) Tenderer must declare whether the Proprietor or any Partner of the firm or

Director of their Company as the case may be, has any relation with any employee working in KIOCL.

xiii) Authorization letter to Employer by the Tenderer authorizing KIOCL Limited

to seek references from Tenderer’s bankers. xiv) Technical offer as per Technical Specification.

xv) Time schedule in the form of BAR CHART/Network proposed by the Bidder

for completion of the work within the time specified in Notice Inviting Tender (NIT).

xvi) Filled in Technical Questionnaire by the Bidder.




xvii) Details of works in hand at present: This shall be furnished in the prescribed pro-forma as per Annexure – 6 of ITT.

xviii) Organization set up proposed at the site work: This shall be furnished in

the prescribed pro-forma as per Annexure – 7 to ITT. xix) List of Plant and Machinery proposed to be mobilized by the Bidder.

xx) Overall description of the method the Bidder proposes to adopt for carrying out the work.

xxi) Proposed quality assurance program xxii) Checklist for submission of Bid

Part-C :

Online Price Bid duly filled strictly as per the price formats and in the manner given in bidding document.

The following documents duly filled by the Bidder, shall be uploaded as Part C of

the Bid proposal:

(a) Rate in prescribed column of Price schedule. (b) Summary of Bidder's price in the prescribed proforma 'Summary of Bill of

Quantities'. Note:

Bidder shall make Part III of their Bids/quotations strictly based on the terms, conditions and specifications contained in the Bid documents.

(a) The Bidder shall fill in rates and prices for all items of the Works described

in the Bill of Quantities. In the BOQ, if the tenderer does not quote rates for 5% or more of items then the offer shall be rejected and if the tenderer does not quote for items less than 5% of total items which are required to be quoted then rates of highest price quoted for corresponding item(s) by other Bidders shall be loaded for those particular items for evaluation in respect of such bid.

(b) However, if such Bidder is selected for award of contract, items for which no

rate or price is entered by the bidder will not be paid for by the Employer when executed and shall be deemed to have been covered by rates and prices for other items in the Bill of quantities.




14.1 Sealing and Marking of Bids 14.1.1 The E-Bid i.e Part-A, B & C shall be submitted in the following manner in separate

e-envelopes duly super scribed as below:

i) ‘PART A – Cost of Tender document, EMD, Integrity pact & Letter of Undertaking’

ii) ‘PART-B - TECHNICAL & COMMERCIAL OFFER’ iii) ‘PART-C - PRICE BID’

14.1.2 E-bids for Part A, B and C must be received online by KIOCL through their MSTC

e-tendering website by due date. 14.1.3 Part A: Envelope containing the original documents required to be submitted by

the bidder in hard must be received by KIOCL LIMITED, Bangalore, as per due date and time specified in bid document.

Envelope containing original / physical form of bid (Part A) shall:

(a). be addressed to KIOCL Limited, Bangalore, at the address given in NIT. (b). bear the Name of Work/Package and ‘Package number indicated in the NIT

title and the statement “DO NOT OPEN BEFORE ……………. (date),” to be completed with the time and date of bid opening specified in NIT.

(c). indicate the name and address of the Tenderer so that the bid can be returned unopened in case it is declared “late or otherwise found not fit to be opened.”

14.1.4 If the outer envelope is not sealed and marked, the Employer will assume no

responsibility for the bid’s misplacement or premature opening. 15. Deadline for Submission of Bids 15.1 The Bid must be submitted online by the bidder in KIOCL’s (MSTC) e-tender portal

not later than the time and date (deadline) stated in the tender. The Physical documents as specified in NIT and ITT must be received by KIOCL Limited, Bangalore at the address as specified in NIT, not later than the time and period as given in NIT.

15.2 The Employer may, at its discretion, extend this deadline for submission of bids by

amending the bidding documents in accordance with ITT Sub-Clause 6.3, in which case all rights and obligations of Employer and Bidders will thereafter be subject to such extended deadline.

15.3 It shall be the responsibility of the prospective Tenderers to ensure that the Bids

have been submitted in the formats and as per the terms and conditions prescribed in the Bidding documents and no change is made therein. The documents placed in website along with this detailed Notice Inviting Tender (NIT) forms the complete




bidding document. All the documents along with detailed NIT as placed in the website is final including clarification, drawings, corrigendum if any.

15.4 On verification, at any time, whether the Bidder is successful or not, if any of the

documents submitted by the Bidder including the documents downloaded from the website mentioned in NIT / issued are found tampered/ altered / incomplete, they are liable for rejection, cancellation & termination of the Contract, debarring, etc. as per the rules of the Company. In the event of any doubt regarding the terms and conditions/ formats, the bidder concerned may seek clarifications from the authorized officer of Employer/Consultant.

15.5 In case of any discrepancies between Tender documents submitted by the Bidders

and the document available with Employer/Consultant, the document available with Employer/Consultant shall be considered authentic and shall be binding on the Bidder. No claim on this account from the Tenderers will be entertained.

15.6 Tenders shall be addressed to and shall be submitted:

At the address given in NIT (Salient features/BDS)

15.7 Part A & B of tenders will be opened as indicated in NIT. 15.8 Opening of Part –C shall be intimated to techno-commercially successful bidders

in writing separately.

16. Late Bids 16.1 Any bid received by the Employer after the bid submission deadline prescribed by

the Employer, pursuant to ITT Clause 15, will be rejected and returned unopened. 17. Modification and Withdrawal of Bids 17.1 The bidder may modify, re-submit or withdraw its e-bid after the bid submission,

but, before the due date of submission as per provision of KIOCL’s e-tendering system of MSTC.

17.2 No bid shall be modified after the deadline for submission of bid.

17.3 No bid shall be withdrawn in the interval between the bid submission deadline and the expiration of the bid validity period specified in ITT Clause 12. Withdrawal of a bid during this interval may result in the Bidder’s forfeiture of its bid security, pursuant to ITT Sub-Clause 11.2.

E. OPENING AND EVALUATION OF BIDS 18. Opening of Bids by Employer

18.1 Part – A of the tenders will be opened at the place and time mentioned in NIT in the presence of Tenderers who may choose to be present. On opening of the




Tender, if EMD, Letter of Undertaking, Integrity Pact, cost of Tender document are not found in the form and manner specified in NIT/ITT, such tenders shall be considered as unresponsive and summarily rejected. Part-B of such unresponsive tenders will not be considered. Part C - “Price Bid” shall not be opened by the Employer.

Part-B of all other tenders (including withdrawals and modifications thereof, if any, made pursuant to provisions of bidding document), which are otherwise found responsive, except for any discrepancies such as typographical errors / omissions / deletions/ page(s) not signed etc. in Part-A of documents, will be opened on the same date and venue subsequently. However in case of any discrepancies as mentioned above in Part-A documents, the bidder shall submit the revised / corrected documents on intimation by Employer / Consultant failing which their tenders are liable for rejection.

Part-B of the tenders will be considered for evaluation only after Part-A of the tender complies with the provisions of the bidding documents.

18.2 Bidders’ names, bids received, the presence of any alternative bids, the presence or absence of requisite bid security and other such details as the Employer, at its discretion, may consider appropriate, will be announced at the opening. No bid will be rejected at bid opening except for bids not accompanied with bid security and late bids, which will not be opened.

18.3 Bids that are not opened and read out at bid opening will not be considered for

further evaluation, regardless of the circumstances.

19. Clarification of Bids 19.1 During bid evaluation, the Employer may, at its discretion, ask the Bidder for a

clarification of its bid. The request for clarification and the response shall be in writing. While responding no change in the price or substance of the bid shall be sought, offered or permitted unless asked by Employer after completion of evaluation of bids. Correspondences made through E-mail by the Bidder with the Employer shall be followed preferably by Post Copy.

20. Preliminary Examination of Bids 20.1 The Employer will examine the bids to determine whether they are complete,

whether the documents have been properly signed and whether the bids are generally in order. Any bids found to be non-responsive for any reason or not meeting the minimum levels of the performance or other criteria specified in the Bidding Documents will be rejected by the Employer and not included for further consideration.

20.2 A substantially responsive bid is one that conforms to all the terms, conditions and

specifications of the bidding documents without deviations, objections, conditionality or reservations.




Prior to the detailed evaluation, the Employer will determine whether each bid is of

acceptable quality, is complete and is substantially responsive to the bidding documents. For purposes of this determination, a substantially responsive bid is one that conforms to all the terms, conditions and specifications of the bidding documents without material deviations, objections, conditionalities or reservations. A material deviation, objection, conditionality or reservation is one: (i) that affects in any substantial way the scope, quality or performance of the

Contract; (ii) that limits in any substantial way, inconsistent with the bidding documents,

the Employer’s rights or the successful Bidder’s obligations under the Contract; or

(iii) whose rectification would unfairly affect the competitive position of other Bidders who are presenting substantially responsive bids.

21. Techno-Commercial Evaluation of Bid 21.1 The Employer will carry out a detailed evaluation of the bids previously determined

during preliminary examination of bids, to be substantially responsive, in order to determine whether the technical & commercial aspects are in accordance with the requirements set forth in the Bidding Documents. In order to reach such a determination, the Employer will examine and compare the technical and commercial aspects of the bids on the basis of the information supplied by the Bidders, pursuant to ITT Clause 8, and other requirements in the Bidding Documents, taking into account the following factors:

a) Overall completeness and compliance with the Technical Specifications and Drawings; the technical merits of alternatives offered from the Technical Specifications;

b) Acceptance of specified criteria given in TS c) Compliance with the time schedule d) Acceptance to rectify defects during Defect liability period e) Any other relevant technical factors, if any, or that the Employer deems

necessary or prudent to take into consideration. f) Overall completeness and compliance with the commercial bid to the

commercial and Contractual provisions stipulated in the Bidding Documents. 22. Qualification 22.1 The Employer will ascertain to its satisfaction whether Bidders determined as

having submitted responsive bids are qualified to satisfactorily perform the Contract.

22.2 The determination will take into account the Bidder’s financial, technical and

production capabilities, in particular its Contract, work in hand, future commitments, current litigation, if any, and past performance. It will be based upon an examination of the documentary evidence of the Bidder’s qualifications




submitted by the Bidder during tender stage, as well as such other information as the Employer deems necessary and appropriate.

22.3 Determination of techno-commercial eligibility may be done during techno-

commercial discussions/ clarifications. However, affirmative determination of eligibility shall be pre-requisite for opening of price bid.

23.0 CLARIFICATION MEETING Clarification of Bids and Review of Bidders’ Proposed Alternative Solutions 23.1 The Employer may conduct clarification meetings with each or any Bidder to clarify

any aspects of its bid that require explanation at this stage of the evaluation. During these meetings, the Employer may bring to the attention of the Bidder any matters, technical or otherwise, where for whatever reason, it requires clarification / details about the bid, to be provided to the bid. All such amendments or changes required by the Employer will be listed in the “Record Notes of Discussions (RND)/ Minutes of Meeting (MOM)”.

23.2 The RND/MOM will contain the exceptions or deviations in the bid that are

unacceptable and that are to be withdrawn. 23.3 The Bidder shall submit the balance clarifications, confirmations, documentations

etc. as recorded in the RND within the time stipulated in the Record Notes of Discussion

23.4 Taking into consideration, the Record Notes of Discussion and the clarifications

submitted by Bidder pursuant to clause 23.3 above, the Employer will carry out further evaluation of the technical and commercial bid in the manner outlined in clause 21 hereof.

23.5 After holding clarification meetings and at the end of evaluation, the Employer will

either:

(i) advise the Bidder to confirm the validity of their original price bids, or (ii) permit Bidder to submit updated price bid either as incremental/

decremental price with respect to the original price bid or as revised price bid, in a sealed cover at a date informed to the Bidder by the Employer., or

(iii) invite a Bidder to submit an updated Techno-Commercial bid(Part B) and

Price Bid (Part C) based on an alternative bid proposed by the Bidder in its bid with the modifications, if any, listed in the Record Notes of Discussion of the Clarification Meetings held with this Bidder, or

(iv) notify the Bidder that its Bid has been rejected on the grounds




(a) the bid is non responsive (b) the Bidder does not meet the minimum eligibility requirements set

forth in the bidding document (c) the Employer determines that the technical bid do not meet his

requirements

24. Updated Technical, Commercial and Price Bid 24.1 In the event, the Employer invites updated bid, the updated Technical, Commercial

and Price bid shall be submitted in the same manner specified for original bids. 24.2 The deadline for submission of updated bids and the required validity thereof shall

be specified. 24.3 The Employer will carry out the technical and commercial evaluation of the updated

bid in the manner outlined in Clause 21 hereof. 25. Price Bid Evaluation including reversed action 25.1 KIOCL Limited reserves the right to finalize the tender through online mode or

through e-Reverse Auction. 25.2 The e-price bid of only those Bidders found techno-commercially & financially

acceptable shall be opened in the presence of such duly authorised representatives of bidder who may wish to attend the price bid opening on a specific date and time. The eligible bidders will be informed about the date and time of e-price bid opening giving adequate advance notice for deputing their authorised representative. Only one authorised representative of each bidder shall attend the price bid opening.

The authorized representative of bidder shall be required to sign on attendance

sheet/ attendance register. 25.3 Arithmetic errors will be rectified on the following basis;

If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, or between sub totals and the total price, the unit price or subtotal price (as the case may be) shall prevail and the total price shall be corrected. If there is a discrepancy between words and figures, the amount in words will prevail. If the Bidder does not accept the correction of errors, its bid will be rejected and EMD will be forfeited.

25.4 The following criteria will be used in the evaluation:

(a). Total Quoted Price of Bidder shall include all charges and other taxes, duties, levies, cess as applicable on base date but excluding GST.




(b). Price evaluation shall be done for the complete scope as per Technical Specification.

(c). Bid containing rates quoted for unit of quantities other than as specified

may render the bid liable for rejection.

(d). In the BOQ, if the tenderer does not quote rates for 5% or more of items then the offer shall be rejected and if the tenderer does not quote for items less than 5% of total items which are required to be quoted then rates of highest price quoted for corresponding item(s) by other Bidders shall be loaded for those particular items for evaluation in respect of such bid.

(e). However, if such Bidder is selected for award of contract, items for which

no rate or price is entered by the bidder will not be paid for by the Employer when executed and shall be deemed to have been covered by rates and prices for other items in the Bill of quantities.

(f). Evaluation of tender will be done on overall price calculated by totalling the

value of all the section/items arrived based on the item-wise rate quoted by the Tenderers and the corresponding quantity given in the tender schedule.

(g). The Bidders may be required to explain / justify the basis of their quoted

price as and when asked for. In case, any bidder fails to justify his quoted price or refuse to co-operate in this regard, such bidder will not be considered for participating in the re-tendering, if the contract is not finalized from the present bidding.

25.5 e-Reverse Auction

e-Reverse Auction may be carried out among the Techno-Commercially qualified bidders, for providing opportunity to the Bidders to quote price dynamically for the scope of work, for which tender is floated. e-Reverse Auction will be carried out as per the process indicated in Annexure-9.

26. Contacting the Employer 26.1 Any effort by a Bidder to influence the Employer in the Employer’s bid evaluation,

bid comparison or Contract award decisions may result in rejection of the Bidder’s bid.

G. AWARD OF CONTRACT 27. Changes in Qualification Status 27.1 Prior to proceeding with the award of Contract, if circumstances have arisen that

would change the Employer’s opinion as to whether the Bidder is still qualified to satisfactorily perform the Contract, then Employer may reject the bid.




28. Award Criteria 28.1 The Employer will award the Contract to the successful Tenderer, whose

bid/updated bid has been determined to be substantially responsive and to be the lowest evaluated bid, provided that the Tenderer is determined to be qualified to perform the Contract satisfactorily.

29. Employer’s Right to accept Any Bid and to reject any or All Bids 29.1 The Employer reserves the right to accept or reject any First (Original) or Updated

bid, and to annul the bidding process and reject all bids at any time prior to award of Contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of grounds for the Employer’s such action.

30. Notification of Award 30.1 Notification of Award of Contract will be made in writing to the successful tenderer

by the Employer within the validity period or extended period of validity of offer through a Letter of award of contract (LAC).

31. Signing of Contract Agreement 31.1 After the Employer notifies the successful Bidder that its bid has been accepted,

the Employer to facilitate signing of contract within 30 days of Letter of Award of Contract (LAC), shall provide the draft Contract agreement within 15 days of issue of LAC.

31.2 Within 15 (fifteen) days from the date of receipt of the draft Contract Agreement by the Contractor, the Contract Agreement will be signed.

31.3 The Effective Date of Contract shall be the date of signing of Contract or 30

days from date of Letter of award of contract (LAC), whichever is earlier. 31.4 The Agreement will be signed in two (2) originals and the Contractor shall be

provided with one signed original and the Employer will retain the second. All expenses for making agreements including cost of stamp papers shall borne by the Contractor.

31.5 Subsequent to signing of the Contract, the Contractor at his own cost shall provide

the Employer with Ten (10) photo copies of Agreement and one soft copy in CD. 32. Performance Security (Performance Bank Guarantee) 32.1 The successful tenderer whose tender has been accepted for award of work

(herein after referred to as the contractor / consultant / expert agency or any other




nomenclature as per contract), is required to deposit an amount equal to 10% of the value of the work as awarded as CPG / SD in any one of the following forms, unless otherwise agreed to in the contract.

32.2 Within thirty (30) days from the effective date of contract, the successful tenderer

to whom the contract is awarded, shall furnish a contract Performance Guarantee (Security Deposit) in the form provided in GCC of the Bidding Documents, from a Nationalized Bank / Scheduled Commercial Bank in favour of the Owner. The contract performance guarantee amount shall be equal to ten percent (10%) of the total contract price and it shall be for due and faithful performance of the contract in accordance with the terms and conditions specified in the tender documents. The guarantee shall be valid till the expiry of defect liability period plus three months.

32.3 The CPG / security deposit shall remain with the OWNER as a security for the

satisfactory execution and completion of the works in accordance with the terms and conditions of the Contract. The OWNER shall be at liberty to deduct and appropriate from the CPG / Security Deposit such penalties and dues as may be payable by the CONTRACTOR under the Contract. The amount by which the CPG / Security Deposit is reduced by such appropriation shall be made good by further deduction from the CONTRACTOR’s subsequent interim bills / Running Account Bills, until the CPG / Security Deposit is restored to its full limit mentioned above.

32.4 No interest shall be payable by the OWNER against the Contract Performance

Guarantee / Security Deposit furnished by / recovered from the CONTRACTOR. 32.5 Refund of Contract Performance Guarantee / Security Deposit

The CPG / Security Deposit, deposited by the CONTRACTOR shall be returned / refunded to the CONTRACTOR on demand, after the expiry of the guarantee period / defects liability period or on payment of the amount of the Final bill in accordance with relevant clauses of the contract, whichever is later, provided the Owner / Employer is satisfied that there is no demand outstanding against the CONTRACTOR

33. Risk Purchase Action 33.1 Failure of the successful Bidder to comply with the requirements of ITT Clause 31

or Clause 32 shall constitute sufficient grounds for the annulment of the award, forfeiture of the bid security and execution of facilities at the risk and cost of the successful bidder. Forfeiture of bid Security is liable to GST at applicable rate

34. Transfer of Bid Document 34.1 Bidder who has been issued/downloaded Bidding Documents is not permitted to

transfer the Bidding Documents to any other party for submitting bids on its behalf.




Similarly transfer of bids submitted by one Bidder to another Bidder is not permissible.

35. Disqualification of Bidder: 35.1 Even if a Bidder meets all the Eligibility Criteria and all other technical and

commercial requirements, he is liable to be disqualified, without prejudice to Employer’s rights to take legal actions as per applicable law, if he has made untrue or false representations in the forms, statements, translations and enclosures submitted in proof of eligibility and qualification requirements, and/or made any suppression/hiding/misrepresentation of facts (intentional or non-coincidental having bearing on the tender/ contract) in order to influence the tendering process and its outcome.

35.2 There shall be no post tender negotiations. However, in exceptional cases

negotiations with successful bidder may be held by the Employer. 36. Integrity Pact 36.1 Bidders are required to submit Integrity Pact along with their bid as per format and

manner as given in bidding document and complying with the following requirements.

a. Bidder shall submit the Integrity Pact document on its Company’s Letter

head, duly signed by the authorized representative on all pages.

b. The bidder / contractor undertakes to demand from all subcontractors the commitment consistent with this integrity pact and to submit it to the Principal before contract signing.

c. The principal will enter into agreement with identical conditions of IP (of pro-forma) with all bidders, contractors and sub contractors.

d. The principal will disqualify from the tender process all bidders who do not sign this pact and submit it to the Principal along with the offer.

e. If the Bidder / Contractor is in a partnership, the Integrity Pact shall be signed by all the partners.

f. On behalf of KIOCL, the Integrity Pact will be signed by the authorized nominee on receipt of Integrity Pact signed by the Bidder.

g. The Integrity Pact shall be submitted in a separate envelope duly super scribing “Integrity Pact” and submitted with Part-A of the offer.

h. The Bidder shall not change the contents of Integrity Pact.

i. The Bidder / Contractor will abide by the conditions given in the IP document enclosed as annexure along with the Bid document.

j. The details (Name & Address) of the External Independent Monitors nominated for the Bid are provided in tender documents.




37. Compliance with Company Law 37.1 The Bidder must declare whether the proprietor/ partner of the firm/ Director of the

limited company has any relation with any employee working in the Plants/ Units concerned or director of KIOCL including its subsidiaries and if so, the details or the relation thereof must be furnished.

38. Corrupt or Fraudulent Practices 38.1 FRAUD PREVENTION POLICY OF KIOCL: Everyone make a note that “fraud

prevention policy” is being followed at KIOCL, which provides a system for prevention / detection /reporting of any fraud. It also forbids everyone from involvement in fraudulent activity & that where any fraudulent activity is suspected by anyone, the matter must be reported to the ‘nodal officer’(chief vigilance officer) as soon as he/she comes to know of any fraud or suspected fraud.

39.0 Sub Contractor 39.1 Refer SCC clause 66.0. 40. General 40.1 The Employer may conduct price negotiations, if required, with L-1 (i.e. lowest

evaluated) bidder only.

40.2 If at any point of time, it was found by the Employer that the bidder has furnished false information, the employer may reject the bid.

40.3 The bidder may download the bidding document from website mentioned in NIT. 41.0 Disclosure of Conflict of interest: 41.1 Tenderers, who are associated for this Tender with the Consultant (MECON

Limited) or any of its associates that have been engaged by the Employer to provide Consultancy Services for the preparation of design, Specifications & other documents to be used for procurement of the facilities to be purchased and installed under this Invitation are ineligible to bid for this tender.

41.2 Tenderers shall not directly or indirectly, take any service or assistance from the

above referred Consultant for the above work and for any work related to the Employer, if he becomes successful Tenderer.




ANNEXURE - 1

PROFORMA OF LETTER OF UNDERTAKING (LOU) (To be submitted by the Bidder/Contractor along with the tender) (To be executed on non-judicial stamp paper of value not less than Rs 200/-) Bidder’s Ref. No. -------------------------- Dated :

M/s KIOCL Limited, Koramangala Blockl-II Sarjapur Road Bangalore 560 034 INDIA

Dear Sirs,

1. I/We* have read and examined the following Tender / Bidding Documents relating to the work of “___________(Name of work)”, as detailed in enclosed Tender documents (Tender enquiry no.--------------- ) / (as detailed in enclosed Technical Specification No. ------------- and Commercial Document ------- --------------------------) a) Notice Inviting Bid / Tender (NIT) b) Instruction to Bidder / Tenderer (ITT) c) Form of Contract Agreement with Appendices d) Conditions of contract including General Conditions of Contract (GCC),

Special Conditions of Contract (SCC), any other conditions as per tender documents (to be indicated in the format in tender document)

e) Technical Specifications and scope of work f) Integrity Pact g) Tender drawings h) Any other documents (specify) including Corrigendum, / addenda, if any.

2. Having examined the bidding documents, including addenda, the receipt of which is hereby acknowledged, I/We*, the undersigned, offer the above-named Facilities / work in full conformity with the said bidding documents for the sum as mentioned in Price Bid or such other sums as may be determined in accordance with the terms and conditions of the Contract. I/We*hereby submit our Bid as per terms of NIT and other documents.

3. I/We* further undertake, if invited to do so by you, and at my/our own cost, to attend a clarification meeting at a place of your choice, for the purpose of reviewing my/our Bid and duly noting all amendments and additions thereto, and noting omissions there from that you may require.

4. I/We* undertake, if our bid is accepted, to commence execution of the work / work

of the facilities and to achieve completion within the respective times stated in the bidding documents / quoted by us in my / our bid.




5. If my/our bid is accepted, we undertake to provide a Performance Bank Guarantee in the form, in the amount, and within the time specified in the bidding documents.

6. We undertake to keep my/our Bid valid initially up to …………… (date/month/year) i.e., for a period of ___________ (_____) days from the due date of opening of Bid. We hereby further undertake that I/We* shall not vary/alter or revoke my/our Bid during the said period or extended period, if any

7. I/We* also submit herewith the prescribed EMD. KIOCL shall have the right to forfeit the EMD, in addition to any other provision of ITT, if I/We do not comply with the undertaking given at 4, 5 & 6 above.**

OR

I/ We* claim exemption from submission of ‘Cost of tender document’ and / or ‘EMD’ as per relevant provisions indicated vide Clause…. of NIT for being a PSU / MSE holding valid registration with ____________(name of agency with whom registered) under MSMED Act’2006 for the ‘Tendered Item/Services’ and enclose herewith the following documents**:

Notarized copy of valid registration certificate under MSMED Act’2006 for the ‘Tendered Item /Services’ as per scope of work of the tender in case of MSEs**

8. Should this Bid be accepted, we also agree to abide by and fulfil all the terms,

conditions and provisions of the above mentioned Bid documents.

9. I/We have a) Purchased the bid document from KIOCL** b) Downloaded the bid document and subsequent clarifications / amendments

/corrigendum’s, if any from KIOCL’s website** c) Downloaded the bid document and subsequent clarifications / amendments

/corrigendum’s, if any from Central public procurement portal**

10. I/We* further undertake that I/We* have not altered / modified the contents of the Bid

documents down loaded from website. 11. I/We* hereby confirm that before submission of this bid, I/We* have visited the site

and fully acquainted with local conditions and factors for execution of the works covered under these Bid documents and technical specifications and that we shall have no claims against KIOCL on these counts at any time”.

12. Until a formal Contract is prepared and executed between us, this bid, together with your written acceptance thereof and your notification of award shall constitute a binding Contract between us.

13. I/We* understand that you are not bound to accept the lowest or any bid you may

receiveand in-turn we will not have any rights to raise any claim, whatsoever it may be, due to or arising out of rejection of our bids.




14. I/We* shall abide by the provisions of the Integrity Pact in completeness. 15. I/We* confirm that we have submitted our bid as a sole bidder of companies* and

we comply with requirements of the bidding document and in particular the clause on joint bidding as applicable to us.

Signature along with Seal of Co. ………………………………….. (Of the person duly authorised to sign the Bid) Name - ……………………..

Designation - ……………………

Name of Company - ……………………….

(In block letters)

Date & Postal Address -…………………..

WITNESS

Signature - ……………………………………

Telegraphic Address- ……………………………

Date - ………………

Name & Address - ……………………..

Telephone No. - ……………………

*- Strike out whichever is not applicable.

** - Point no. 7 above-Strike out the option whichever is not applicable.

** - Point no. 9 above-Strike out the option whichever is not applicable.




ANNEXURE – 2

FORM OF BANK GUARANTEE FOR EARNEST MONEY DEPOSIT In consideration of KIOCL Limited (hereinafter called "Company") having agreed to exempt................. (hereinatter called the said "Bidder") from demand under the terms and conditions of the tender documents vide No dated of Earnest Money Deposit for the due fulfilment by the said Bidder of the terms of conditions contained in the tender document on production of Bank Guarantee of Rs.………………………….. (Rupees …………………………. only). 1. We, ....................................................... …… (hereinafter referred to as "the Bank")

at the request of Bidder do hereby guarantee the payment to the Company an amount not exceeding Rs…………. (Rupees………………………………………………. only) and interest thereon at 15.5 percent per annum from the date of demand till payment against any loss or damage caused to or suffered, would be caused to or suffered by the Company by reason of any breach by the said Bidder of any of the terms and conditions contained in the said Tender Documents.

2. We, ……………………………… do hereby unconditionally and irrevocably undertake to pay to the Company an amount to the extent of Rs…………… (Rupees ……………………………………………… only) and interest thereon at 15.5 percent per annum from the date of demand till payment without any demur, merely on a demand from the Company slating thai the amount claimed is due by way of loss or damage caused to or suffered or would be caused to or suffered by the Company by reason of breach by the said Bidder of any of the terms and conditions contained in the said Tender Documents. Any such demand made on the Bank shall be conclusive as regards the amount due and pa yable by the Bank under this Guarantee. However. our liability under this Guarantee shall be restricted to an amount not exceeding Rs…………………… (Rupees. …….……………………only) and interest thereon as mentioned above from the date of demand till payment.

3. Our liability under this present Guarantee is absolute and unequivocal and we undertake to pay the Company the amount so demanded notwithstanding the Bidder raising any dispute and/or disputes or filing any suit or proceeding before any court or tribunal or other Authority. The payments so made by us under this Guarantee shall be a valid discharge of our liability for payment thereunder and the Bidder shall have no claim against us for making such payment.

4. We, . .................................................................. further agree that the Guarantee

herein contained shall remain in full force and effect during the period as required by the Company. Unless a demand or claim under this Guarantee is made on us in writing on or before……………………………, we shall be discharged from all liability under this Guarantee thereafter.




5. This Guarantee shall not be revocable by us except with the written consent of the Company and shall continue to be enforceable till …………………… Should it be necessary to extend this Guarantee beyond the said date, we undertake to extend the validity of this Guarantee for such further period as may be required by the Company and such extension shall be given one month before the expiry of this Guarantee, failing which the amount covered under this Guarantee shall become forthwith payable.

6. We, ...................................... ……….. further agree with tile Company that the

Company shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the Tender Documents or to extend time of finalising the bid from time to time and to forbear or enforce any of the terms and conditions relating to the Tender Documents and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Bidder or for any forbearance, act or omission on the part of the Company or any indulgence by the Company to the said Bidder or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.

7. This Guarantee shall not in any way be affected due to change in our constitution or by your taking or varying or giving up any securities from the Bidder or any other person, firm or Company on its behalf or by the change in the constitution, winding up, dissolution, insolvency or death as the case may be of the Bidder.

7. In order to give full effect to the Guarantee herein contained, you shall be entitled to

act as if we are your principal debtors in respect of all your claims against the Bidder hereby Guaranteed by us as. aforesaid and we hereby expressly waive all our rights of suretyship and other rights, if any, which are in any way inconsistent with the above or any other provisions of this Guarantee.

9. We, ………………………………………………………………. also undertake not to revoke

this Guarantee during its currency except with the previous consent of the Company in writing. .

Dated the…………………………….. day of………………………… 20

For ………………………………………………………………

(indicate the name of Bank)




IMPORTANT NOTE

The following points should be taken care of while submitting the Bank Guarantee:

1. The Bank Guarantee should be on non-judicial stamp paper having a value as per Rules in force.

2. The stamp paper should be purchased in the name of the Bank, who give the Guarantee and not in the name of the Bidder.

3. The Bank Guarantee should be strictly as per the proforma.

4. The Bank Guarantee should be from any of the Nationalised Banks or Scheduled Banks.

5. If any correction is made on the Guarantee, the same should be endorsed by the bank with its official seal. . .

------




ANNEXURE – 3a

DETAILS OF WORKS DONE, TO BE CONSIDERED FOR MEETING THE TECHNICAL ELIGIBILITY CRITERIA

Sl. No

Full postal address including Contract person details, telephone nos., Fax nos., email of the client.

Project(s) Location(s)

Brief about scope of work & Project Description

Order no. & Date

Order value(s) / Project cost

Schedule date of completion as per Contract

Date of Actual Completion & commissioning

Copy of orderdocument(s)/ Performance certificates Submitted (Yes / No)

1 2 3

Note: The above shall be supported by the copies of the relevant certificates like copies

of LOA/ Contract agreements, and completion certificates with satisfactory performance certificate as per eligibility requirement documents from the clients for each work mentioned above.

Signature of the Tenderer with date and seal ##: In addition to the above, Employer reserves the right to seek the Tenderer on the submission of further details/information as necessary during evaluation of tenders.




ANNEXURE – 3b

DETAILS OF TURNOVER TO BE CONSIDERED FOR MEETING THE FINANCIAL ELIGIBILITY CRITERIA

Sl. No Financial Year Turnover * (in Rs.)

Remarks

1 FY: 2016-17 2 FY: 2017-18 3 FY: 2018-19 4 Average Annual Financial Turnover * for

the preceding three (3) completed financial years as on date of opening of Tenders

Signature of Chartered Accountant Signature of the Tenderer with date and seal *Revenue through operation and business only to be indicated as turnover.




ANNEXURE – 4 INFORMATION ABOUT THE BIDDER

Sl. No.

Information requested

Bidder’s reply [to be filled-in / replied appropriately by the Bidder along with supporting documents as applicable.]

1. Information regarding constitution / legal status of the Bidder:

a Name of the firm :

b Type of the firm (Limited/Partnership/Proprietorship etc.)

c Place of Incorporation / Registration :

d Year of Incorporation/ Registration :

e Whether supporting document(s) regarding (1) above are enclosed

(Copies of Certificate of Incorporation / Articles of Association /Partnership Deed etc., as applicable to be enclosed.)

Yes / No

Following document(s) are enclosed:

2 Power of Attorney of signatory of tender

Enclosed / Not enclosed

3 Information regarding tenderer’s registration under MICRO/SMALL/ MEDIUM ENTERPRISES ACT 2006 (MSMED Act’2006) [Please refer pertinent Clause 23.0 of NIT of tender document for applicable provisions]

a Whether the tenderer holds a valid registration under MSMED Act’2006 whose scope of registration covers the ‘Tendered Item’ with reference to the scope of work defined in these tender documents

Yes / No




Sl. No.



b If answer to (a) above is YES, then whether a notarized copy of such registration certificate with MSMED is enclosed with Part-A of tender.

Yes / No

c If answer to (a) and (b) above is YES, then whether exemption is being claimed from submission of EMD and Cost of tender document (exemption from submission of EMD is not applicable to Central Government Departments / PSUs).

Yes / No

4. Details of signatory to tender for correspondence / communication : Name & Designation :

Telephone No :

Fax No :

E-mail ID :

5. Account details of the tenderer for facilitating e-payment:

(Details of Bank Account of tenderer indicating Name of the bank and branch, Branch Code, Account Number of the firm, RTGS/IRSC Code of the Bank etc. to be furnished for facilitating e-Payments)

6. Permanent Account Number :

Whether Photocopy of Permanent Account Number (PAN) issued by Income tax department is enclosed.

Yes / No




Sl. No.



7. GST registration :

Whether Photocopy of GST registration certificate is enclosed.

Yes / No

8. ESI registration :

Whether Photocopy of ESI registration certificate under ESI act is enclosed.

Yes / No

9 PF registration:

Whether Photocopy of PF registration certificate is enclosed.

Yes / No

Bidder hereby declares that, (a). “I/We am / are not associated, nor has been associated in the past, directly or

indirectly, with The Consultant or any other entity that has prepared the design, specifications, and other documents for KIOCL for this Contract.”

(b). “The Proprietor / any Partner of my / our firm / Director of my/ our Company (as

the case may be), does not have any relation with any of Owner’s employees / Director(s)” *

OR*

“The Proprietor / Partner of my / our firm / Director of my/ our Company (as the case may be), has relation with Owner’s employees / Director(s), the details of which are enclosed” *

(*Strike off whichever is not applicable)

(c) “I/ We hereby certify that my/our firm has not been debarred/ banned by any

Office/Department/Undertaking of the State / Central Govt. of India, at any time for supplying stores or services of any description.”

Signature of the Bidder with date and seal

Note: Tenderers to enclose separate sheets for providing the required details, as necessary. All pages should be signed and stamped by the Tenderers.




ANNEXURE – 5

NO DEVIATION DECLARATION

(To be furnished on company letter head)

“It is hereby confirmed that our offer is strictly as per terms & conditions of the Notice Invitation to Tender, Form of Agreement, Invitation to Tender, General Conditions of Contract, Special Conditions of Contract, Technical Specification, Tender Drawings, etc. of KIOCL’s tender enquiry no. KIOCL/TS/BFU/Site Levelling/PKG-11A/F-537/527 dated 06-07-2020. We confirm our acceptance to all technical as well as commercial terms & conditions, including Special Conditions, of the above-referred tender enquiry without any deviation, whatsoever. Any deviation appearing anywhere in our bid shall stand withdrawn”

2 Signature of the Bidder Name: Designation: (Seal of the Company)




ANNEXURE-6

DETAILS OF WORKS IN HAND AT PRESENT

Sl. No.

Full address of the client

Value of contract

(Rs)

Date of commencement

Scheduled completion

as per contract

Reasons for delay if any

Status as on date of submission of the tender

Note: The above shall be supported by the copies of the relevant certificates like copies of work orders, agreements, from the clients.

Signature of the tenderer with date and seal




ANNEXURE – 7

PROPOSED ORGANIZATIONAL SETUP AT PROJECT SITE

Sl. No.

Designation/ Category

Number Qualification No of years of professional experience

Field of specialization

Signature of the Bidder with date and seal




ANNEXURE – 8

INTEGRITY PACT

Between

KIOCL Limited hereinafter referred to as “The Principal”, and

………………………………………… hereinafter referred to as “The Bidder / Contractor”

Preamble

The Principal intends to award, under laid down organizational procedures, contract/s for ……………………………………………The Principal values full compliance with all relevant laws of the land, rules, regulations, economic use of resources and of fairness/transparency in its relations with its Bidder(s) and /or Contractor(s).

In order to achieve these goals, the Principal will appoint Independent External Monitors (IEMs) who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above.

Section 1- Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles: -

a. No employee of the Principal, personally or through family members, will in connection with the tender for, or the execution of a contract, demand, take a promise for or accept, for self or third person, any material or immaterial benefit which the person is not legally entitled to.

b. The Principal will during the tender process treat all Bidder(s) with equity and reason. The Principal will in particular, before and during the tender process, provide to all Bidder(s) the same information and will not provide to any Bidder(s) confidential /additional information through which the Bidder(s) could obtain an advantage in relation to the tender process or the contract execution.

c. The Principal will exclude from the process all known prejudiced persons.

(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the IPC/PC Act, or if there be a substantive suspicion in this regard, the Principal will inform the Chief Vigilance Officer and in addition can initiate disciplinary actions.




Section 2- Commitments of the Bidder(s) / Contractor(s)

The Bidder(s)/Contractor(s) commit themselves to take all measures necessary to prevent corruption. The Bidder(s)/Contractor(s) commit themselves to observe the following principles during participation in the tender process and during the contract execution.

a. The Bidder(s)/contractor(s) will not, directly or through any other person or firm, offer, promise or give to any of the Principal’s employees involved in the tender process or the execution of the contract or to any third person any material or other benefit which he /she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract.

b. The Bidder(s)/Contractor(s) will not enter with other Bidders into any undisclosed

agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process.

c. The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act; further the Bidder(s) /Contractor)s will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.

d. The Bidder(s)/Contractor(s) will, when presenting their bid, disclose any and all payments made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

e. Bidder(s) / Contractor(s) who have signed the Integrity Pact shall not approach the Courts while representing the matter to IEMs and shall wait for their decision in the matter.

(1) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above or be an accessory to such offences.

Section 3 – Disqualification from tender process and exclusion from future contracts

If the Bidder(s)/Contractor(s), before award or during execution has committed a transgression through a violation of Section 2, above or in any other form such as to put their reliability or credibility in question, the Principal is entitled to disqualify the Bidder(s)/Contractor(s) from the tender process or take action as per the procedure mentioned in the “Guidelines on Banning of business dealings”.




Section 4 – Compensation for Damages

(1) If the Principal has disqualified the Bidder(s) from the tender process prior to the award according to Section 3, the Principal is entitled to demand and recover the damages equivalent to Earnest Money Deposit/Bid Security.

(2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor liquidated damages of the Contract value or the amount equivalent to Performance Bank Guarantee.

Section 5 – Previous Transgression

(1) The Bidder declares that no previous transgressions occurred in the last three years with any other company in any country conforming to the anti-corruption approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process for action can be taken as per the procedure mentioned in “Guidelines on Banning of business dealings”.

Section 6 – Equal treatment of all Bidders / Contractors / Subcontractors.

(1) In case of Sub-contracting, the Principal Contractor shall take the responsibility of the adoption of Integrity Pact by the Sub-contractor.

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders and Contractors.

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions.

Section 7 – Criminal charges against violation Bidder(s) / Contractor(s) / Sub contractor(s).

If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the same to the Chief Vigilance Officer.

Section 8 – Independent External Monitor (1) The Principal appoints competent and credible Independent External Monitor for this

Pact after approval by Central Vigilance Commission. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and performs his / her functions neutrally and independently. The Monitor would have




access to all Contract documents, whenever required. It will be obligatory for him / her to treat the information and documents of the Bidders / Contractors as confidential. He / she reports to the CMD, KIOCL Limited.

The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction to all project documentation of the Principal including that provided by the Contractor. The Contractor will also grant the Monitor, upon his / her request and demonstration of a valid interest, unrestricted and unconditional access to their project documentation. The same is applicable to Subcontractors.

(3) The Monitor is under contractual obligation to treat the information and documents of

the Bidder(s) /Contractor(s) /Subcontractor(s) with confidentiality. The Monitor has also signed declarations on Non-Disclosure of Confidential Information and of ‘Absence of Conflict of Interest’. In Case of any conflict of interest arising at a later date, the IEM shall inform CMD, KIOCL Limited and recuse himself / herself from that case.

(4) The Principal will provide to the Monitor sufficient information about all meetings

among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Contractor. The parties offer to the Monitor the option to participate in such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he / she will so inform the Management of the Principal and request the Management to discontinue or take corrective action, or to take other relevant action. The monitor can in this regard submit non-binding recommendations. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action.

(6) The Monitor will submit a written report to the CMD, KIOCL Limited within 8 to 10 weeks from the date of reference or intimation to him by the Principal and, should the occasion arise, submit proposals for correcting problematic situations.

(7) If the Monitor has reported to the CMD, KIOCL Limited, a substantiated suspicion of an offence under relevant IPC/PC Act, and the CMD, KIOCL Limited has not, within the reasonable time taken visible action to proceed against such offence or reported it to the Chief Vigilance Officer, the Monitor may also transmit this information directly to the Central Vigilance Commissioner.

(8) The word ‘Monitor’ would include both singular and plural.




Section 9 – Pact Duration

This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months after the last payment under the contract, and for all other Bidders 6 months after the contract has been awarded. Any violation of the same would entail disqualification of the bidders and exclusion from future business dealings

If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged / determined by CMD of KIOCL Limited.

Section 10 – Other Provisions

(1) This agreement is subject to Indian Law, Place of performance and

jurisdiction is the Registered Office of the Principal, i.e. Bangalore.

(2) Changes and supplements as well as termination notices need to be made

in writing. Side agreements have not been made.

(3) If the Contractor is a partnership, this agreement must be signed by all partners.

(4) Should one or several provisions of this agreement turn out to be invalid, the

remainder of this agreement remains valid. In this case, the parties will strive to

come to an agreement to their original intentions.

(5) Issues like Warranty / Guarantee etc. shall be outside the purview of IEMs.

(6) In the event of any contradiction between the Integrity Pact and its Annexure, the

Clause in the Integrity Pact will prevail.

-------------------------------------------- ----------------------------------------------------

(For & on behalf of the Principal) (For & On behalf of

Bidder/Contractor)

(Office Seal) (Office Seal)

Place -----------------------

Date ------------------------




Witness 1:

(Name & Address) -----------------------------------------

-----------------------------------------

-----------------------------------------

Witness 2:

(Name & Address) -----------------------------------------

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ANNEXURE – 9

PROCESS OF e-REVERSE AUCTION

e-Reverse Auction event may be carried out among the Techno-Commercially qualified bidders, for providing opportunity to the Bidders to quote price dynamically for the scope of work, for which tender is floated. KIOCL has made arrangement with M/s. MSTC Ltd. who shall be KIOCL’s authorised service provider for the e-reverse auction.

i) For the proposed e-reverse auction, only Techno-Commercially Qualified

Bidders having a valid digital certificate alone shall be eligible to participate. ii) Business rules like event date, time, start price, bid decrement, extensions, etc.

will be communicated for compliance by the Bidder through M/s. MSTC e-Procurement portal / KIOCL.

iii) M/s. MSTC will provide all necessary guidance before commencement of online bidding on Internet. Bidder if required can avail the guidance of service provider to get acquainted with the system.

iv) E-Reverse auction will be conducted on scheduled date & time. v) Start price for the e-reverse Auction will be notified by Service Provider/KIOCL. vi) All the bids made from the log-in ID given to bidder will be deemed to have been

made by the Bidder to whom log-in ID and password were assigned by the service provider/ auctioneer.

vii) Any bid once made through registered Login ID/ password by the Bidder cannot be cancelled. The Bidder, in other words, is bound to execute the work as per the bid price of e-Reverse Auction.

viii) Every successive bid by the Bidder being decremented bidding shall replace the earlier bid automatically and the final bid as per the time and log-in ID shall prevail over the earlier bids.

ix) Service Provider shall conduct the e-reverse auction in such a way that two different bidders cannot bid identical price as after accepting first bid, the system will not accept second bid of the same price. In other words, there shall never be a “Tie” in bids through on line e-reverse auction.

x) At the end of e-reverse auction event, the lowest Bid value will be known on the network.

xi) The e-reverse auction will be treated as closed only when the bidding process gets closed in all respects for the item listed in the tender.

xii) In case KIOCL decides not to go for e-Reverse auction procedure for this tender enquiry, the financial bids already submitted shall be opened and evaluated as per standard practice of KIOCL.

xiii) KIOCL’s decision on award of Contract shall be final and binding on all the Bidders.




Note:

1. After evaluation of bids i.e. technical and commercial, KIOCL will decide whether to conduct e-Reverse Auction or resort through normal e-Tender without reverse auction. For reverse Auction intimation would be sent by KIOCL/ Service Provider to techno-commercially qualified bidders in advance at least 03 days prior to the e-Reverse Auction date through tender wizard portal / e-mail/ fax.

TERMS & CONDITIONS OF E-REVERSE AUCTION

A. Eligibility of Bidders to participate in e-Reverse Auction:

i) Bidders who are techno-commercially qualified and accept all the Terms &

conditions of e-Reverse Auction, can only participate in e-Reverse Auction related to the work for which tender is floated.

ii) Bidders should ensure that they have valid digital certificate well in advance to participate in the e-Reverse Auction. KIOCL and / or Service Provider will not be responsible in case Bidder could not participate in e-Reverse Auction due to non-availability of valid digital certificate.

iii) The bidder would be responsible for the validity of its registration on e-Tendering Portal.

iv) The date & time of commencement of e-Reverse Auction and its duration of time shall be communicated to the eligible Bidders at least 03 days prior to the e-Reverse Auction date through e-Tendering Portal/ e-mail.

v) KIOCL reserves the right to postpone/change/cancel the e-Reverse Auction event even after its communication to Bidders without assigning any reasons therefor.

vi) E-Reverse Auction will normally be for a period of two hour. If a Bidder places a bid price in last 05 minutes of closing of the e-Reverse auction, the auction period shall get extended automatically for another 5 minutes. In case there is no bid price in the last 5 minutes of closing of e-Reverse Auction, the auction shall get closed automatically without any extension.

vii) During e-Reverse Auction, if no bid is received within the specified time, KIOCL, at its discretion, may decide to revise Start price / scrap the e-reverse auction process/extend the date of e-reverse auction/ proceed with already opened financial bids.

B. Bidding Currency: Bidding will be conducted in Indian Rupees (INR). C. Start Price :

i) Online sealed price bid submitted by bidder will be opened and evaluated. ii) Start bid price as well as decrement amount shall be arrived by KIOCL based on

lowest online sealed price bid evaluated price or KIOCL’s estimate, whichever is lower.

iii) The start bid price and decrement amount shall be communicated to service provider and shall be during the e-Reverse Auction process.




iv) The start price in online reverse auction is open to all the techno-commercially qualified bidders. Bidders are required to start bidding after announcement of Start Price and decrement amount.

v) Any of the techno-commercially qualified bidder can start bidding, in the online reverse auction.

vi) Please note that the first online bid that comes in the system during the online reverse auction is atleast lesser than the auction's start price by one decrement.

vii) After discovering the L1 price through RA, action shall be initiated for placement of order based on the final price discovered through RA. Note: In case, none of the bidders participate in the reverse auction process by submitting at least one decrement, thereby resulting in the reverse auction process becoming unsuccessful, KIOCL reserves the right either to initiate the process of finalization of tender based on the lowest online sealed bid received or to cancel the tender.

Decremental Bid Value:

i) Bidder is required to quote their bid price only at a specified decremented value. ii) Bidder need not quote bid price at immediate next available lower level but it can

be even at 2/3/4 ……. Level of next available lower level. D. Web Portal and Access:

i) In order to ward-off contingent situation bidders are advised to make all the

necessary arrangements / alternatives such as back –up power supply, whatever required so that they are able to circumvent such situation and still be able to participate in the e-reverse auction successfully.

ii) The bidders are requested not to wait till the last moment to quote their bids to avoid any such complex situations.

iii) Failure of power at the premises of bidders during the e-Reverse auction cannot be the cause for not participating in the e-reverse auction. On account of this, the time for the auction cannot be extended and KIOCL shall not be responsible for such eventualities.

iv) KIOCL and / or Service Provider will not have any liability to bidders for any interruption or delay in access to site of e-Reverse Auction irrespective of the cause.

v) Neither KIOCL nor service provider / auctioneer can be held responsible for consequential damages such as no power supply, system problem, inability to use the system, loss of electronic information, power interruptions, UPS failure, etc.

E. Transparency in Bids:

All bidders will be able to view during the auction time the current lowest price on portal.




F. Masking of Names:

Bidder will be able to view the following on their screen along with the necessary fields in e-Reverse Auction:

Leading Bid in the Auction Bid Placed by you Your Own Rank Start bid price & Bid Decrement value

G. Finalization of the Successful Bidder:

i) After the completion of e-Reverse action, the closing Price (CP) shall be available.

ii) KIOCL’s decision on award of Contract shall be final and binding on all the Bidders.

iii) Successful Bidder is bound to execute the work at a price mentioned in the Order. In case of back out or non-execution as per the price quoted, KIOCL will take appropriate action against such Bidder and forfeit the EMD/Bid Security amount, and /or may debar him from participating in future tenders.

iv) Immediately after completion of online Reverse Auction, the lowest bidder (L1) on their letter head through fax or email, would submit the breakup of their final quoted price, which shall be their final price against the tender for all the purposes and the originally quoted prices against e-tender shall no more be valid. The bidder will proportionately reduce the rates quoted for all items/activities as per the percentage reduction quoted for total value in the reverse auction. It is to be ensured that the price components of all the items/activities shall not be increased above the original quoted price against e-tender for all the items/activities of the price schedule. In case the bidder fails to provide cost break-up sheet of the final prices quoted during the online event, the same shall tantamount to withdrawal of the bid and the necessary action as per provisions of tender procedure shall be taken up against bidder.

H. Bidder’s Obligation :

i) Bidder shall not involve himself or any of his representatives in Price manipulation of any kind directly or indirectly with other Contractors / Bidders at any point of time. If any such practice comes to the notice, KIOCL shall disqualify the bidders concerned from the e-Reverse auction process and initiate suitable action against the errant bidder(s).

ii) Bidder shall not divulge either his Bid details or any other details of KIOCL to any other party without written permission from KIOCL.

I. Change in Terms & Conditions of e-Reverse Auction:

i) Any change as may become emergent and based on the experience gained shall be made only by Tender Inviting Authority of KIOCL.

ii) KIOCL reserves the right to modify / withdraw any of the Terms & conditions of




e-Reverse Auction at any point of time. iii) Modifications of Terms & conditions of e-Reverse Auction, if any, will be

communicated to techno-commercially qualified bidders.

J. Errors And Omissions:

On any issue or area of material concern regarding e-Reverse Auction not specifically dealt with in these rules, the decision of KIOCL shall be final and binding on all concerned.

IMPORTANT NOTE: In case of internet related problem at a bidder’s end, especially during ‘critical events’ such as – a short period before bid-submission deadline, during online public tender opening event, during e-reverse auction, it is the bidder’s responsibility to have backup internet connections and all other facilities necessary to prevent/ circumvent such situation. In case there is a problem at the e-procurement/ e-reverse auction service-provider’s end (in the server, leased line, etc) due to which all the bidders face a problem during critical events, and this is brought to the notice of KIOCL by the bidders in time, then KIOCL will promptly reschedule the affected event(s).




e-TENDER CUM REVERSE AUCTION (RA) DECLARATION

1. KIOCL reserves the right to go for e-Reverse Auction (RA) or resort through normal Tender without reverse auction. This will be decided after techno-commercial evaluation. Bidders are also required to furnish following details in their techno-commercial bid, for this purpose.

(a) Name and Designation of Official

(b) Postal Address (complete) :

(c) Telephone Nos. (Land line & Mobile both) :

(d) FAX no. :

(e) E-mail address :

(f) Name of place/state, where from he will participate in the RA :

2. Information instructions and general terms and conditions governing Reverse Auction have been read by us and we confirm to abide by all the stipulated Rules, instruction and terms & condition governing the Reverse Auction.

3. After discovering the L1 price through RA and obtaining necessary Price Break-up from L-1 bidder under the heads stipulated in tender, KIOCL shall proceed with finalization of order(s) as per stipulation of ITT.

We confirm our acceptance on the above.

(Signature of the Bidder with Name, Designation & company’s Seal)



FORM OF CONTRACT AGREEMENT KIOCL/TS/BFU/Site Levelling/PKG-11A/F-537 Page 1 of 22

FORM OF CONTRACT AGREEMENT THIS CONTRACT No. …………………………. made this ……………………… Day of ………………….. Two thousand …………………….. at ……………………………... BETWEEN KIOCL LIMITED, a Company incorporated under the Companies Act, 1956 and having its registered office at …………., …………, ………………, India, …………………………at …………………… (hereinafter referred to as the "Employer") which term or expression unless excluded by or repugnant to the context or the meaning thereof, shall be deemed to include its successors and permitted assigns, OF THE ONE PART, AND M/s. ………………………………, a Company organised and existing under the laws of ……………………………. (Name of the Country) and having its Registered Office at ………………………….. (hereinafter referred to as "Contractor"), which term or expression unless excluded by or repugnant to the context or meaning thereof, shall be deemed to include its successors and permitted assigns, OF THE OTHER PART AND WHEREAS a) The Employer has decided to set-up ________________ (Name of the Works) at

____________, (hereinafter referred to as the "Works "), and b) The Contractor has declared that the Contractor has valuable and specialised

knowledge and expertise for __________ Work for …………………. as detailed in enclosed Technical Specification No. ….. and General Specification No ….. and

c) The Contractor has obtained clarifications on technical and commercial aspects

inspected the site and surroundings of Facilities and has examined and considered all other matters, conditions and things, probable contingencies including delays, hindrances and interferences and generally all matters incidental thereto and ancillary thereof, affecting the execution and completion of the Work, and the contractor has agreed to undertake to execute the Work.

d) M/s MECON Limited, having its registered office at Doranda, Ranchi – 834 002,

Jharkand and Engineering office at No.89, South End Road, Basavanagudi, Bangalore- 560 004, shall be the Consultant for this project.




e) The Contractor has agreed to undertake Site Levelling and Associated Works on item rate basis at their existing BF unit complex in Mangalore, Karnataka.

. NOW IT IS HEREBY AGREED as follows: Article 1 Contract Documents 1.1 Définitions (Reference GCC Clause no. 1) 1.2 Contract Documents

1.2.1 The following documents shall constitute the Contract between the Employer and

the Contractor, and each shall be read and construed as an integral part of the Contract:

(a) This Contract Agreement and Appendices hereto

(b) Special Conditions of Contract and Annexures hereto

(c) General Conditions of Contract (GCC) and Annexures hereto

(d) Integrity Pact

(e) Technical Specifications (f) Any other documents (All correspondences after issue of Tender Enquiry

till issue of Letter of Award of Contract and acceptance of Letter of award of Contract.)

1.2.2 The contract document shall be in two parts as follows:

i/ Technical containing (a) Technical Specifications (b) Any other documents to be agreed upon ii/ Commercial containing

(a) This Contract Agreement hereto



(d) Integrity Pact

(f) Any other documents to be agreed upon




1.3 Order of Precedence In the event of any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the order in which the Contract Documents are listed below (i.e. SCC will prevail over GCC): (a) This Contract Agreement



(d) Technical Specifications

Article 2 Contract Price and Terms of Payment

2.1 Contract Price (Reference SCC Clause no. 7.0) The Employer hereby agrees to pay to the Contractor the Contract Price in consideration of the performance by the Contractor of its obligations hereunder. The Contract Price shall be the aggregate of: …………. [amount of in words] and [amount in figures], or such other sums as may be determined in accordance with the terms and conditions of the Contract.

2.2 Terms of Payment (Reference Appendix-3)

The terms of payment are given in Appendix-3.

Article 3 Effective Date

3.1 The Effective Date of Contract shall be the date of signing of Contract or 30

days from date of Letter of award of contract (LAC), whichever is earlier.

Article 4 Scope of Facilities (Reference Technical Specifications) 4.1 The Contract is for the execution of Scope of Facilities as specified in the Technical

Specifications, on Item rate basis. The quantities indicated in the price schedule for any item are indicative only. Payment shall be made based on the actual quantity executed at site.

Article 5 Time for Completion (Reference SCC Clause no. 4.0 & Appendix-2) 5.1 The Time for completion shall be 7 (Seven) months from the Effective Date of the

Contract.

“The Performance bank Guarantee (BG) shall be submitted by the contractor within 30 days of signing of Contract………………………..”




Article 6 Consultant 6.1 MECON Limited shall be the Consultant for this project. The consultant in relation

to the Contract, shall have such functions as are delegated to him or as may be delegated to him by the Employer from time to time. Employer shall keep the Contractor informed of such delegation.

Article 7 Sub-Contracting (Reference SCC Clause no. 66.0)

7.1 This shall be as per SCC Clause no. 66.0.

Article 8 Liquidated Damages (Reference SCC Clause no. 58.0) 8.1 Liquidated Damages due to Delay in Completion of Facilities (Reference SCC

Clause no. 58.1)

If the Contractor fails to attain “Completion of the Facilities” within the Time for Completion or any extension thereof under SCC Clause no. 50.0) due to reasons attributable to the Contractor, the Employer shall recover the amount of Liquidated Damages, but not by way of penalty, by making deductions from the Contractor’s account (as per SCC Clause no. 58.1.1), at the rate of 0.25% of the Contract Price, paid or payable to the Contractor, excluding taxes and duties per complete week of delay up to a maximum of 10% of the Contract Price, paid or payable to the Contractor excluding taxes and duties, as specified in the SCC Clause no. 7.0).

Liquidated damages recovered from the contractor is liable to GST at the applicable rate.

8.2 Incentive for Early Completion

If the Contractor attains Completion of the Facilities before the stipulated date of Completion Time or any extended date of completion Time (Due to fault of Employer), the Employer shall pay to the Contractor a bonus at the rate of @ 0.25% (Zero point two five percent) of the Contract Price, excluding taxes and duties for each week of such early completion subject to a maximum of 10% (ten percent) of the awarded contract value, excluding taxes and duties. The amount of bonus, if payable, shall be paid along with the final bill after completion of total work.




Article 9 Arbitration/ Disputes 9.1 THE GCC CLAUSE NO.59 IS NOT APPLICABLE FOR THIS TENDER/

CONTRACT. 9.2 The contracts / agreements are to be executed at Mangalore, the courts at

Mangalore will have jurisdiction on any disputes for adjudication arising out the contract/ agreement.

Article 10 Liability of Govt. of India 10.1 It is expressly understood and agreed between the Contractor and the Employer

that the Employer is entering into this Contract solely on its own behalf and not on behalf of any other person or entity. In particular, it is expressly understood and agreed that the Govt. of India is not a party to this Contract and has no liabilities, obligations or rights hereunder. It is expressly understood and agreed that the Employer is an independent legal entity with power and authority to enter into Contracts solely on its own behalf under the applicable laws of India and general principles of Contract Law. The Contractor expressly agrees, acknowledges and understands that the Employer is not an agent, representative or delegate of the Govt. of India. It is further understood and agreed that the Govt. of India is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of the Contract. Accordingly, the Contractor hereby, expressly waives, releases and foregoes any and all actions or claims, including cross claims, impleader claims or counter claims against the Govt. of India arising out of this Contract and covenants not to sue the Govt. of India as to any manner, claim, cause of action or thing whatsoever arising of or under this Contract.

Article 11 Appendix 11.1 The following Appendices shall be deemed to form an integral part of this Contract

Agreement. Reference in the Contract to any Appendix shall mean the Appendices attached hereto, and the Contract shall be read and construed accordingly.

1 Price Schedule

2 Time Schedule

3 Terms of Payment

Article 12.

No modifications of this Contract including Appendices hereto, shall be valid unless the same is agreed to in writing by the parties and specifically mentioned as an amendment to the Contract.




Article 13.

This Contract is signed in English language in two (2) originals, the Employer receiving one duly signed original and the Contractor receiving one duly signed original. Both the originals are authentic.

IN WITNESS WHEREOF the Employer and the Contractor have caused this Agreement to be duly executed by their duly authorised representatives the day and year first above written. Signed by for and on behalf of the Contractor

Signed by for and on behalf of the Employer

[Signature]

[Signature]

[Designation]

[Designation]

In the presence of

In the presence of

1) [Signature]

1) [Signature]

[Designation]

[Designation]

2) [Signature]

2) [Signature]

[Designation]

[Designation]




Appendices to Form of Agreement

The following Appendices shall be deemed to form an integral part of this Contract Agreement. Reference in the Contract to any Appendix shall mean the Appendices attached hereto, and the Contract shall be read and construed accordingly. (a). Price Schedule Appendix – 1

(b). Time Schedule Appendix – 2

(c). Terms of Payment Appendix – 3




APPENDIX - 1

PRICE SCHEDULE

1. PRICE BASIS 1.1 The Contract Price is in accordance with commercial terms & conditions,

stipulations, specifications, requirements and other conditions of the Contract for the estimated quantities of work and firm unit rates as given in Price schedule.

1.2 Total Quoted Price of Bidder shall include all charges and other taxes, duties,

levies, cess as applicable on base date but excluding GST. GST shall be paid extra as applicable.

1.3 This being a Rate Contract, the quantities of work given against individual items in

the Bill of Quantities are approximate only and are subject to variation to any extent and shall not form a basis for any dispute regarding the rates to be paid or to raise any claim for compensation on any account.

1.4 Firm Rate:

i. Unit rate quoted of all the items as specified in BOQ shall remain firm and

binding on the contractor till the execution of contract, and shall not be subject to any variation.

ii. The unit rates for all the items shall remain firm up to (+/-) 20% variation in the total contract price.

iii. In case of increase beyond 20% of contract value, rate revision shall be

applicable only to those items, where the increase in the individual items had exceeded 40% of scheduled quantities. The revised rate shall be applicable only to the increased quantity beyond 40%. Revision of rates shall be determined as per clause (iv) below:

iv. The rates for items existing in the Bill of Quantities but where quantities have

increased beyond 40% limits in individual quantities, the rate payable for quantities in excess of the quantities in the Bill of Quantities plus the permissible variation shall be as determined by the ENGINEER as per provision mentioned below:

a. Rate and prices in contract, if reasonable, failing which b. Rate analysis based on market rate of material and labour/Rate

analysis. Quantities against individual items shall be subject to variation, without any limit




1.4.1 In case the prices quoted for certain items are abnormally high (freak rates) in comparison with the cost estimates, these items will be identified and mentioned in the Award letter. In event of increase of quantity of such items beyond BOQ while execution, a market rate analysis will be done and Contractor will be paid either the market rates or the rate quoted by the Contractor, whichever is lower for the increased quantity beyond BOQ.

1.4.2 In case it is found necessary to execute any item of work which is not included in

the schedule of items, the rates for such extra item shall be fixed as per the following procedure.

a) Where the extra works are of similar character and/or executed under similar

conditions as any of work appearing in the schedule of quantities, then the rates for such extra item shall be derived from the contract rates of similar/closest item of work provided.

b) If the rate for any extra item of work cannot be determined in the manner

specified under sub clause “a” as defined above, the rate for such extra item of work shall be carried out at the rate entered in the Schedule of Rates (DSR/SOR/estimate base) plus/minus the percentage by which the tendered amount of the works actually awarded is higher or lower than the estimated amount of the works actually awarded.

c) Where the nature of extra item is such that the rate for the same cannot be

derived as per procedure(a) and (b) above, then the rate shall be established based on the market rates and taking into account 15% over cost of labor and materials to cover supervision, overheads and profit. The labor material and other such coefficients/factors may be adopted from CPWD Analysis of rates for such items.

1.5 Final Contract Price shall be arrived at considering the unit rates, and final quantities

of executed work by Contractor as certified by Employer’ site representative




2.0 PREAMBLE TO BILL OF QUANTITIES/ PRICE SCHEDULE 2.1 GENERAL This preamble to the schedule of items is an integral part of the schedule and shall

have as much force as though this is incorporated into the description of the items themselves. The bidder shall take into account in his rate the provision of all the following works given below. No extra claim will be paid for these works to the Contractor. Contractor's rate for any items of work in the schedule of items shall, unless otherwise stated, be held to include the cost of all materials, including wastages, conveyance and delivery, unloading, storing, fabrication, hoisting, all labour for finishing to required shape and size, tools and plants, power, fuel, consumables, all taxes royalties, other revenue expenses, temporary facilities like roads, drains etc., providing temporary storage facilities and their subsequent dismantling, and other temporary works, setting out, fitting and fixing in position, site drainage, dewatering, offering samples for approval, cost of all tests, rectification of all defects, replacement of defective materials and work, interruptions to work required to accommodate the work of other agencies working on the site, continuation of work beyond working hours, in the night and holidays also if situation warrants so, site clearance on completion, maintenance work during the period of maintenance, bye-work necessary to complete any particular item of work as per specification and direction of the Engineer, overheads, profit and other incidental charges.

2.2 EARTH WORKS

The rate of the related items shall include but not limited to the following: i) Setting out works, profiles etc. with reference pillars and their removal after

completion of work. ii) Taking levels and reference axis wherever necessary from reference lines and

bench mark, both for the original ground level as well as for the finished work as directed.

iii) Unless otherwise specified site clearance such as clearing of shrubs, green

brush wood, under-growth and small trees not exceeding 30 cm. in girth at one metre above ground including uprooting, stacking the serviceable materials within 5 Km lead and removal of all the rubbish unserviceable materials up to 5 Km lead.

iv) Working in both dry, wet and foul condition.

v) No distinction of rate between the work done manually or mechanically.




vi) Dewatering, wherever necessary. vii) Forming (or leaving) "Dead men" or "Tell-tales" borrow pits and their removal

after measurements. 2.3 Site Leveling

i) The work shall include filling/back filling, leveling and compaction of the excavated earth. Payment shall be made for excavation only wherever cutting and filling is involved and payment shall be made for filling/back filling incase earth is borrowed from outside/reclaimed from site elsewhere as the case may be for site leveling works. The measurement for excavation shall be calculated from pre and post excavation levels. Contractor to record jointly the pre levels before taking up of job and post levels after completion of job.

ii) Costs of all tests necessary and/or directed for the compaction of the filling/back

filling of site leveling works. Contractorhas to arrange water for compaction/consolidation for filling in site leveling work.

iii) Dewatering of accumulated water from any source till completion of all work

below ground level including provision of surface drains, catchment pits, etc., wherever necessary.

iv) Providing adequate protection for safety of labor, materials, adjoining property,

services, structures and install barriers around the excavation area, and red lights during night time, engage night watchman for safety against risk or accident.

v) Stacking the excavated materials within the specified leads. vi) Extra excavation beyond drawing/specification for necessary working space as

per CPWD norms, for safety requirements and other allied works including back filling and compacting the same.

vii) Removal of the surplus excavated earth, to the specified location as directed

and leveling the same. viii) Dressing and trimming to required level, profile and gradient shall be under

Contractor’s scope of work. ix) Ground level shall mean the actual commencement level from which

excavation has been taken-up.

x) Compacting, leveling, trimming to levels, profiles and gradient as per

drawing, specifications and as directed by the Purchaser/Consultant shall be under Contractor’s scope of work.




xi) Transportation of excavated earth to designated fillingareas including

deposition, compaction as per specification shall be in the Contractor’s scope of work.

xii) All kinds of soil shall mean ordinary, hard soil and soft/decomposed rock

(including laterite) as per classification of soil mentioned in the Technical Specification excepting hard rock to be paid under separate Item.

2.4 Filling Works

i) Filling with excavated earth or from spoil heaps shall include the excavation/re-

excavation from such sources, all /re-handling and removing unwanted materials from the soil.

ii) Compacting, leveling, watering, trimming to levels, profiles and gradient as per

drawing, specification and/or as directed. iii) Cost of all tests, as specified and/or as directed for the filling/back filling works. iv) Location for filling of excavated materials shall be as designated by

Consultant/KIOCL/Engineer-in-charge of work from time to time. v) Before taking up site activity for site leveling areas to be excavated and filling

areas shall be discussed with KIOCL/Consultant.

vi) The tenderer shall make arrangement of suitable borrow pits, if required, for

arrangement of soil for filling without any extra cost. The development and maintenance of such pits shall also be without any additional cost.




3. BILL OF QUANTITIES

SECTION - SC [SITE CLEARANCE]

ITEM DESCRIPTION UNIT QTY SC-1 Clearing bushes including uprooting of rank

vegetation, green bush wood, trees and saplings of girth up to 30 cm (measured at a height of 1 Meter above G.L.), stacking the serviceable materials within 5 Km lead and removal of all the rubbish/unserviceable materials up to 5 Km lead as directed, complete as per specification

Sqm 40280

SC-2 Removing top soil including grass and/or

inequalities to required depth not exceeding 200 mm and disposal of same including rubbish etc. up to a lead of 5 Km, all lifts, complete as per drawing, specification and directions of the engineer.

Sqm 115000

SC-3 Felling of trees of girth (measured at a height of

1m above ground level) including cutting of trunks and branches, removing the roots and stacking of serviceable material up to depositing the same with the client at a location as indicated by them within the plant premises and disposal of unserviceable material to an area identified by the owner within a lead of 5 KM all complete as per technical specification and directions of the Engineer with all men, materials and tools & plant.

a) Girth beyond 30cm and up to and including 60cm girth.

Each 20

b) Beyond 60cm girth up to and including 120 cm girth.

Each 5

SECTION - EW (EARTHWORK) TEM DESCRIPTION UNIT QTY




EW-1 EW-2

Earthwork in excavation in cutting and filling for site leveling and grading in all kinds of soil i.e. ordinary soil, hard soil, and also soft/decomposed rock (excluding hard rock requiring blasting/chiseling) and in debris at all depths, in both dry and wet conditions, including dewatering of surface or sub-surface water, transportation and filling the approved excavated earth in layers not exceeding 200 mm each by vibratory roller including breaking clods and compacting to achieve field dry density of 95% modified proctor density for cohesive & semi-cohesive soil or 70% relative density for cohesion less soil, stacking, transportation and disposal of surplus or unserviceable excavated soil, and debris etc. up to 5Kms lead (lead for both filling and disposal) at locations as indicated by the engineer including leveling, dressing or stacking the same as directed, with all bye works complete as per specification.(Payment shall be made for cutting portion only after deducting corresponding quantity of hard rock, if any, paid separately under respective item. No separate payment will be made for filling). Within KIOCL Plant Boundary

(i) Up to a lead of 1.5 Km Earth work in excavation in all kinds of soil by mechanical means (Hydraulic excavator)/manual means over areas (exceeding 30 cm in depth, 1.5 m in width as well as 10 sqm on plan) including getting out and disposal of excavated earth lead

Cum

Cum

142500

49400




EW-2a

upto 50 m and lift upto 1.5 m, as directed by Engineer-in-charge.

Transporting and disposal outside KIOCL Plant Boundary

(ii) Up to a lead of 5 Km

Cum

49400

EW-3a EW-3b

Same as above but for hard rock requiring blasting Disposal within KIOCL Plant Boundary

(i) Up to a lead of 1.5 Km Disposal outside KIOCL Plant Boundary

(ii) Up to a lead of 5 Km Same as above but for hard rock requiring chiseling Disposal within KIOCL Plant Boundary



Cum

Cum

Cum

Cum

350

100

100

75

EW-4 Earthwork in additional filling in site leveling

works (where amount of filling is more than that of cutting, available good earth from cutting being less than that required for filling) with supply of approved earth from borrow-pits, outside plant premises with all leads including excavation at all depths and heights, transporting to place of filling in all leads loading, unloading, depositing, breaking clods, laying in layers of 200 mm thick, compacting to achieve a field dry density of 95% modified

Cum

5000




proctor density for cohesive & semi-cohesive soil or 70% relative density for cohesion less soil, wherever required, leveling, dressing etc. with all bye works complete as per drawing, specification and instruction of the engineer. (Payment shall be made for filling as per method of measurement as indicated in specification). The rate includes all allowable taxes, duties and cess.

EW-5 Earthwork in filling in site leveling works in all kinds of soil with earth obtained by reclaiming the already deposited earth obtained as surplus earth other areas inside the Plant boundary including retrieval, transporting up to a lead of 3 Km, loading, unloading, depositing, breaking clods, laying in layers of 200 mm thick, compacting to achieve a minimum field dry density of 95% modified proctor density for cohesive & semi-cohesive soil or 70% relative density for cohesion less soil wherever required, leveling, dressing etc. with all bye works com-plete as per drawing, specification and instruction of the engineer. (Payment shall be made for filling as per method of measurement as indicated in specification).

Cum

1000

EW-6 Earth work in excavation by mechanical means in all kinds of soil using(Hydraulic excavator) / manual means in foundation trenches or drains, retaining walls including dressing of sides and ramming of bottoms, lift upto 2.0 m, including getting out the excavated soil and disposal of surplus excavated soil as directed, within a lead of 50 m.

cum 252.30

Cum

1700




EW-7 Providing and laying random rubble stone pitching using 225mm thick approved quality stone laid on compacted sloped profiled ground surface, road, drain etc. forming uniform pattern, curing etc., all complete as per drawing, specification and directed by the Engineer with cement pointing at joints in CM 1:4 and as directed by the engineer.

Sqm

2500

SECTION - CC - PLAIN AND REINFORCED CONCRETE

CC-1 Providing and laying in position cement concrete of M10 grade insitu / readymix concrete excluding the cost of centering and shuttering - All work up to plinth level :1:3:6 (1 Cement : 3 coarse sand (zone-III) : 6 graded stone aggregate 20 mm nominal size)

Cum 80

CC-2 Providing and laying in position M20C grade with minimum cement content of 300kg/Cum of reinforced cement concrete, in drains etc., excluding the cost of centering, shuttering, finishing and reinforcement

Cum

65

CC-3

Providing and laying in position machine batched and machine mixed design mix M-30 grade cement concrete for reinforced cement concrete work in retaining wall etc., using cement content as per approved design mix, including pumping of concrete to site of laying but excluding the cost of centering, shuttering, finishing and reinforcement, including admixtures in recommended proportions as per IS: 9103 to accelerate, retard setting of concrete, improve workability without impairing strength




a) b)

and durability as per direction of Engineer-in-charge. (Note :- Cement content considered in this item is @ 340 kg/cum. Excess/ less cement used as per design mix is payable/recoverable separately).

All works upto ground (terrace) level All works above ground (terrace) level

Cum Cum

240 140

CC-4

Add /deduct for using extra/less cement in the items of design mix over and above the specified cement content therein.

Qtl

20

CC-5 a) b)

Centering and shuttering including strutting, propping etc. and removal of formwork for: Foundations, footings, bases of columns, etc. for mass concrete Walls (any thickness) including attached pilasters, buttresses, plinth and string coursesetc.

Sqm

Sqm

1550

1100 CC-6 Supply & fixing of Fe 500 Steel reinforcement

Hot rolled deformed bars for R.C.C. work including straightening, cutting, bending, placing in position and binding all complete.

Kgs

36000

SECTION - MN - RANDOM RUBBLE MASONRY

MN-1

Random rubble masonry with hard stone at all levels including levelling up with cement concrete 1:6:12 (1 cement : 6 coarse sand : 12 graded stone aggregate 20 mm nominal size) upto terrace level with Cement mortar 1:6 (1 cement : 6 coarse sand)

Cum

50

SECTION - MS - MISCELLANEOUS WORKS




MS-1 Providing and fixing of 110 Dia UPVC pipe with 2.7mm thickness (As per IS: 13592) as weep holes in embankment slope, culvert /Drain walls with Geotextile (min 120gm per Sqm) wrapped stone aggregate (size 63mm down aggregate) as filter media (a min. quantity of 0.6 Cu.ft, 2 Sqm geo textile membrane to be used per pipe ) to prevent ingress of soil into pipe including excavation, backfilling, protect the pipes during construction, clearing after concreting etc. at all locations as per drawings & direction of the engineer.

RM

750

Note: a. Cost towards Geotextile, aggregate, excavation, backfilling etc., shall be deemed to have included in the quoted rate. b. For the measurement for payment purpose length of pipe embedded in embankment shall be considered.

MS-2 Carriage of excavated building rubbish upto a

distance of 5 Kms and depositing the same as directed by the Engineer Incharge.

Cum 25

MS-3 Carriage of excavated cement, stone blocks, GI, CI, AC & CC pipes upto a distance of 5 Kms and depositing the same as directed by the Engineer Incharge.

Tons 5

MS-4 Supplying and fixing 25mm thick approved premoulded bitumen impregnated fibre board (Shalitex board or approved equivalent) at expansion joints, gaps etc. at all heights and depths above and below finished ground level as per drawings, specifications and directions of the Engineer/Consultant, all materials, tools and labour complete in all respect:

Sqm 10




APPENDIX - 2

TIME SCHEDULE 1. The time of completion for the whole work shall be 7 (Seven) months including

monsoon period from the effective date of contract. 2. CONTRACTOR shall, however, complete the entire scope of work within the above

overall time schedule but as per program and directive of EMPLOYER. Contractor shall plan the sequence of all works so as to achieve the desired progress keeping in mind overall safety and stability at all points of time.

If due to a particular design or specification or availability of machines or any other reason, a particular sequence of operation is demanded by the engineer due to which, some interruptions are inherent to any one or more types of work or items of execution, then no claim for such interruption shall be entertained and contractor shall have to follow the sequence as instructed by the engineer.

3. The CONTRACTOR may work beyond normal working hour and also on Holiday (with

prior approval from EMPLOYER) as desired by EMPLOYER to maintain progress of work as per schedule without any additional liability to EMPLOYER. The CONTRACTOR shall give priority or redeploy the work force for a particular work as instructed by EMPLOYER

4. Detailed Bar Chart/PERT Network shall form part of the Contract and milestones so

approved shall be the basis for the performance of the Contract.

*******




APPENDIX - 3

TERMS OF PAYMENT 1.0 General In accordance with the provisions of Terms of Payment, the Employer shall pay

the Contractor for the Scope of Technical Specifications, on the basis of the item rate price in the Bill of Quantities.

Subject to any deductions that may be made as per the Contract, the Contractor

shall be entitled to receive the contract price in the following manner as per the agreed unit rates. Payments shall be effected only after

(ii) Execution of the Contract Agreement by both parties and (iii) Submission of Bank Guarantee towards Contract Performance Bank

Guarantee. 2.0 Subject to any deductions that may be made as per the contract, the contractor

shall be entitled to receive the contract price in the following manner as per the agreed unit rates.

2.1 Payment terms 2.1.1 90 % Basic price including 100% Goods and Services Tax and cess (if any) shall

be made (monthly RA Bills) as per the quantity of works executed and certified by KIOCL and MECON, subject to the following:

(i) Execution of the Contract Agreement by both parties. (ii) Submission of Bank Guarantee of 10% of total contract price towards Contract

performance security. (iii) Joint measurement sheet/Joint verification report(JVR) signed by Contractor,

KIOCL and MECON’s representative.

Contractor agrees that any retention money withheld from any invoice towards security against the obligation due from the contractor i.e. final completion certificate and payment for such invoice be regarded as fully discharged for the purpose of GST.

2.1.2 Balance 10 % payment excluding Goods and Service Tax (GST) and cess (if

any) shall be made on final acceptance of the entire work under the scope of the contract by KIOCL/ MECON and submission of all completed documentation.

3.0 Payment shall only be made for the actual Work executed at site against Contractor verified Bills as per the Schedule of Item Rates of the Order. The Quantities of Work indicated in the Schedule of Rates are approximate only. The Payment shall be made on the basis of actual Quantities of Work done duly approved by the EMPLOYER.




4.0 All other Statutory Deductions viz. Income Tax, Workmen’s Compensation, TDS

under GST Act (if applicable), etc. shall be made from Contractor Bills as per Rules/Regulations/ Acts in force.

5.0 Monthly bills are to be prepared in the name of KIOCL and shall be submitted in

four (4) copies along with submission of joint measurement sheets/ Joint verification report(JVR), P.F Deposit Certificate and ESI Deposit challans.

6.0 All progress payments made shall be regarded as payment by way of advance

against final payments only and not as payment for the work completed. The progress payment made shall not exonerate the CONTRACTOR from liability to finally complete the work strictly in accordance with the specification and drawings, if required, by reconstructing or re-erecting faulty work.

7.0 While claiming progress payment, CONTRACTOR shall submit documentary

evidence to the effect that he has deposited EPF/ESI/EPS, as applicable, for his workers along with certificate indicating payment of minimum wages to the workmen at prevailing rates at Project site as per statute prevailing in site. CONTRACTOR shall also submit an undertaking that they have complied with all statutory requirement as per Contract.

8.0 In case, any or one of these documents is not submitted along with progress bills,

payment against these bills may be kept in abeyance. In such an event, contractor shall ensure payment of due wages to his workmen as well as payment to statutory authorities keeping employer completely indemnified.

9.0 On completion of the work, CONTRACTOR shall give notice of such completion to

EMPLOYER for inspection of works. EMPLOYER shall inspect the work and after satisfying himself with tests that may be prescribed in the contract, if there is no defect, imperfection or short fall in the work, EMPLOYER shall issue a completion certificate to the CONTRACTOR.

*******



SCC KIOCL/TS/BFU/Site Levelling/PKG-11A/F-537 Page 1 of 65

SPECIAL CONDITIONS OF CONTRACT (SCC)

The following Special Conditions of Contract [SCC] shall supplement the General Conditions of Contract [GCC]. Whenever there is a conflict, the provisions herein shall prevail over those in the GCC.

1. DEFINITIONS

The following words and expressions shall, unless repugnant to the context, have the meanings hereby assigned to them: “A Contract” means an agreement which is enforceable by law. “An Agreement” means every set of promises forming consideration for each other. “Base date” means the date of submission of final/ revised Price Bid by the Contractor, unless otherwise specified in the Contract. “Competent Authority" means the authority that is delegated with powers to sanction expenditure on works for pre and post award activities as per Delegation of Powers in force. “Contract Agreement” means the documents forming the tender and acceptance thereof and formal agreement executed between Owner/Employer and the contractor for execution and completion of the “Works”. “Contractor” means the person(s) / legal entity for example such as a firm or company or corporation / society whose bid to perform the Contract has been accepted by the Owner/Employer and is named as such in the Contract Agreement, and includes the legal successors or permitted assigns of the Contractor. “Contractor’s Representative” means an official appointed by the Contractor in writing from time to time who will be authorized and entitled to act on their behalf in respect of all the matters mentioned in the Contact "Consulting Engineer/Consultant" means any firm or person duly appointed as such by the Owner/Employer for performance of specified activities of the works and/or for monitoring the execution of works. “Contract Sum/Value/Price” means the sum named in the Owner’s Letter of Intent/Work Order/Letter of Award of Contract, subject to such additions thereto and deductions there from, as may be made under the provisions of the Contract. “Days” are calendar days; “Months” are calendar months as per Gregorian calendar “Defect” means any part of the Works not completed in accordance with the contract. ‘Defect Liability Period’/'Guarantee Period' /'Maintenance Period' means the period during which the Contractor shall remain liable for repair or replacement of any defective part of the works supplied and performed under the contract.




“Effective Date of Contract” means the date on which the Contract is to commence. “Engineering Data and Drawings” means all, a. Drawings furnished by KIOCL/ KIOCL’s appointed Consultant as a basis for

proposal. b. Supplementary drawings if any, furnished by the KIOCL/ KIOCL’s appointed

Consultant to clarify and to define in greater detail the intent of the contract. c. Drawings submitted by the Contractor with his proposal provided such drawings

are acceptable to KIOCL. d. Drawings furnished by KIOCL/ KIOCL’s appointed Consultant to the Contractor

during the progress of work; and e. Engineering data and drawing submitted by the Contractor during the progress of

the work provided such drawings are acceptable to KIOCL. "Engineer / Engineer-in-charge" means the Officer appointed as such by Owner/Employer and notified to the Contractor and is responsible for getting the Works executed in terms of the Contract / Agreement. He is the interface between the Owner and the Contractor. “Erection Facilities” means tools, devices, machines, transportation facilities, materials and other devices brought by the Contractor to the construction site and are not included into the Shop main equipment and are the Contractor’s property. Bringing to and out of the site of the said erection facilities will be made with the Owner’s consent. Such facilities which are not required for erection shall be allowed to be taken out of site with Owner’s permission. “EXCEPTED RISKS” are the risks due to riots (other than those among CONTRACTOR's employees) and civil commotion (in so far as these are not uninsurable), war (whether declared or not), invasion, act of foreign enemies, hostilities, civil war, rebellion, revolution, insurrection, by military or usurped power, any acts of Government that result in restraining the execution of the Work, damage from aircraft, acts of God (such as Earthquake, lightening and unprecedented floods etc.) and such other causes over which the CONTRACTOR has no control and accepted as such by the OWNER/Consultant, or causes solely due to the use or occupation by the OWNER of the part of works in respect of which a certificate of completion has been issued. Final Acceptance Certificate (FAC): The term FAC means a Certificate to be issued by the Owner to the Contractor upon PG test completion and completion of guarantee period. “Inspector” means the Owner/Employer or any person /agency nominated by Owner/Employer from time to time, to inspect the equipment, stores or the works under the contract. “Letter of Award of Contract (LAC) / Work Order” means the official notice issued by Owner/Employer notifying the Contractor that his bid has been accepted and Owner/Employer awards the work to the Contractor.




“Letter of Intent (LOI)” means the official notice issued by Owner/Employer notifying the Contractor that his bid has been accepted and Owner/Employer intends to award the work to the Contractor. “Manufacturer’s Works” or “Contractor’s Works” means the temporary or permanent place of work used by the Contractor or his subcontractors for manufacture / fabrication of the components/sub-assemblies required for the plant/works. “MOBILISATION" means establishment of sufficiently adequate infrastructure by the CONTRACTOR at ‘site’ comprising of construction equipment, aids, tools and tackles including setting up of site offices with facilities such as power, water, communication, etc. establishing man-power organization comprising Project Manager/Resident Engineer, Engineers, supervisory personnel and an adequate strength of unskilled, semi-skilled and skilled workmen in order to commence the work at site(s) in accordance with the ‘CONTRACT’. “Owner/Employer/Procuring Entity” means KIOCL Limited and shall include its legal representatives, successors and permitted assigns. Plant, Equipment, Stores: The term “Plant, Equipment, Stores” means and include permanent plant, stores, equipment, machinery, materials to be supplied by the Contractor and things of all kinds to be provided and incorporated in the facilities by the contractor under the Contract but does not include Contractor’s equipment “Preliminary Acceptance Certificate” (PAC) means the Certificate to be issued by the Owner to the Contractor on successful completion of Preliminary Acceptance Tests (PAT). “Preliminary Acceptance Tests” (PAT) means the first integrated operation of the complete equipment/shop, sub-systems on no load conditions as per the Contract.) “Procurement” - Procurement means procurement of works, services or any combination thereof. “Services” means performance of duties/activities to be carried out under the Contract such as Design, Transportation, Insurance, Receipt, Storage and Construction. SITE: The site means the land(s) and/or other place(s) on, under, in or through which the work is to be executed under the Contract including any other land(s) or place(s) which may be allotted by the OWNER or used for the purpose of the contract. “Specification” means the Technical and General Specifications forming a part of the Contract and such other schedules and drawings as may be mutually agreed upon. “Sub-Contractor” means the person / legal entity for example such as a firm or company or corporation / society named as such in the Contract for any part of the supplies or any person to whom any part of the supplies/works has been assigned by the Contractor with the consent in writing of the Owner and will include the legal representatives, successors and permitted assigns of such person, firm or company or corporation




“Supply” means all the supplies to be effected by the Contractor at the construction site. “Taking over”: The term taking over means the Owner's written acceptance of the works performed under the contract after successful performance guarantee tests / commissioning as applicable. “Temporary Works” means the works designed, constructed, installed and removed by the contractors which are needed for construction or installation of the works. 'Tests of Completion', means such tests as prescribed in the Contract to be performed by the Contractor before the “Work(s)” is taken over by the Owner/Employer. “Variation” means an instruction given by the Owner or his nominee, which varies the scope of the works. “Works” means and includes all activities to be executed in accordance with the contract or part thereof as the case may be and shall include all extra activities, additions, alterations or substituted activities as directed by the Owner/Engineer-in-Charge for due completion of the contract. “Writing” shall include any manuscript, typewritten or printed statement, under or over signature and/or signature/seal as the case may be. “Writing” shall be signed by the person(s) duly authorized by the Owner and/or the Contractor as applicable. When the words “approved”, “subject to approval”, “satisfactory”, “equal to”, “proper”, ‘requested”, “as directed”, “where directed”, “when directed”, “determined by”, “accepted”, “permitted”, or words and phrases of like import are used, the approval, satisfaction, judgment, direction, acceptance, permission etc., is understood to be a function of the Owner/Engineer” Words imparting the singular shall also include the plural and vice-versa where the context so requires. “Terms and expressions not defined herein” shall have same meaning as are assigned to them in the Indian sale of Goods Act (1930), failing that in the Indian Contract Act (1872) and failing that in the General Clauses Act (1897).

Freak rate: Freak rate (abnormal rate), unless otherwise determined, has been defined as the quoted rate less than 25 % of the estimate rate or more than 100 % of the estimate rate. For illustration, if Rs.100/- is the estimated unit rate for an item and the quoted rate is equal to or less than Rs. 25/- OR is equal to or more than Rs. 200/-,such quoted rate shall be treated as freak rate (abnormal rate).

2. CONTRACT DOCUMENTS

Subject to Article-1, clause- 1.3 (Order of Precedence) of the Contract Agreement, all

documents forming part of the Contract (and parts thereof) are intended to be correlative, complementary and mutually explanatory. The Contract shall be read as a whole.




3. SCOPE OF WORK

These broadly include scope of work(s) to be performed by the concerned parties, their roles & responsibilities, obligations, battery limits, technical specifications and commercial terms & conditions of the tender.

In consideration of payments of Total Contract Price as specified in the Contract

Agreement, subject to other provisions of the Contract, to be made by the Employer, the scope of the Contractor shall be, as included under the Contract and other documents referred and annexed thereto, including Contract Technical Specification.

Unless otherwise expressly limited and/or excluded elsewhere in the Contract from the

scope, the Contractor’s scope under the Contract shall be including but not limited to as stipulated under following Sub-Clauses.

3.1 Material supply 3.1.1 All materials required for execution of the job covered by the Tender Enquiry shall be

supplied by the Contractor at his own Cost. 3.1.2 The Contractor shall procure and supply all materials, consumables e.g. Stone chips,

good quality river sand, first class quality red bricks, binding wire, shuttering materials, steel scaffolding, Wooden materials, Plywood, Oxygen, D.A., welding & gas cutting accessories, all welding electrodes, all shop and site fasteners, bolts, nuts, washers including paints, Tiles as required for execution of the job and covered under this tender enquiry from approved suppliers, strictly as per the specifications provided or as per the specifications approved by the EMPLOYER.

3.1.3 All loading, unloading and carrying, transportation of materials in Contractor's own

transport and with all leads & lifts shall be Contractor's responsibility and to be done at his own Cost.

3.1.4 The Contractor shall neatly stack all job materials at one specified place near

construction site (in a protective manner so that materials are not affected from discharging their output or services) from where materials required for different jobs / location shall be drawn and transported by the Contractor, as and when required, at his own Cost. No extra payment will be admissible for handling and shifting of materials at site.

3.1.5 The Contractor shall maintain his own watch and ward at his own Cost for security of

materials & Equipment against theft, fire and any other hazards at site. EMPLOYER shall in no way be responsible for any loss/damage to the materials on any account.

3.1.6 On completion of the job, the Contractor shall furnish a reconciliation statement for any material issued by the Employer before submission of final bill, showing Item-wise receipt, consumption etc. considering consumption limits and wastage allowances. The Contractor must plan to keep the wastage in cut pieces / scrap to the minimum.

3.1.7 Unless specifically mentioned otherwise, all applicable codes and standards published by Bureau of Indian Standards and all other such documents (as may be published by BIS from time to time and existing) shall govern the design, the workmanship, the quality/properties of the materials, the method of field and laboratory testing, the method of measurement for different items of work.




3.2 The Contractor shall carry out and complete the Works in every respect in accordance with the Contract and in accordance with directions and to the satisfaction of the Engineer. The Engineer may, in his absolute discretion from time to time issue further drawings and/or written instructions, details directions and explanations which are hereafter collectively referred as the Engineer’s Instruction in regard to:

(i) The variation or modification of the design, quality or quantity of works or the

addition or omission or substitution of any work. (ii) Any discrepancy in the drawings or between the Schedule and / or Drawings

and / or Specifications. (iii) The removal from the site of any materials brought there on by the Contractor

and the substitution of any other materials therefrom. (iv) The removal and / or re-execution of any work executed by the Contractor. (v) The dismissal from the works of any person employed thereupon. (vi) The opening up for inspection of any work covered up. (vii) The amending and making good of any defects of the Works and/or materials

observed by Engineer or its representative anytime prior to final takeover by the Employer.

3.3 The Contractor shall forthwith comply with and duly execute any work comprised in

such Engineer’s instructions provided always that verbal direction and explanations given to the Contractor by the Engineer shall, if involving a variation, be confirmed in writing by the Contractor within seven days and if not dissented from in writing within a further period of seven days by the Engineer, such work shall be deemed to be Engineer’s instructions within the scope of the Contract. Rates of items not mentioned in the Price Schedule shall be fixed by the Engineer in accordance with provisions of the Contract.

3.4 If compliance with the Engineer’s instructions as aforesaid involves work and / or loss

beyond that contemplated by the Contract then unless the same were issued owing to some breach of this Contract by the Contractor, the Employer shall pay to the Contractor the price of the said work as extra to be valued in accordance with provisions of the Contract.

3.5 Site Visit – Site visit for the subject tender is mandatory.

The bidder shall be deemed to have carefully examined all the tender documents including Scope of Work, specification, General conditions of Contract, Special conditions of Contract, Schedule of Quantities and the relevant drawings and shall fully satisfy himself about these matters before submission of the tender.




The bidder shall be deemed to have visited the site and surroundings of the proposed work at his own cost and satisfied himself with all aspects, nature and extent of work and/or any other factor (e.g. availability of water and power, ground and sub-soil conditions, uncertainties of weather, general and local conditions etc.) which might influence his tender and shall be deemed to have been verified and/or checked data furnished by the company, if any.

The bidder shall be deemed to have satisfied himself as to the accessibility to site by existing roads and feasibility of taking material and equipment to the site of work and suitability of site for the proposed work.

Before submitting their quotations, the bidder is advised to study all drawings, specifications and documents enclosed with the tender and also visit site and acquaint himself of all the conditions prevailing at site. After acceptance of tender, no claim whatsoever, shall be entertained on ground of ignorance of site condition/special local working conditions etc.

The bidder may obtain clarifications, if any, from the office of KIOCL/MECON to understand the completeness of work before submission of his offer.

Contractor shall arrange to make all temporary roads, stores, office, labour colonies and other enabling facilities as required by them at their cost and maintain the same till completion of the contract and dismantle all temporary facilities and clear the debris from site after which the final payment shall be released to the contractor. However, before taking up construction of any temporary facilities, prior approval of KIOCL / MECON shall be obtained.

3.6 Civil Engineering Work 3.6.1 The Contractor shall be responsible for the construction of all civil foundation for

structures and equipment and all other connected civil construction works included in the scope of work as per Technical Specifications.

3.6.2 All excavated materials shall remain the property of the Employer. In case the

Contractor wishes to utilise the boulders excavated by the Contractor during the excavation work at the site, the same may be issued to the Contractor at prevailing rates on cost recovery basis. Percentage of voids on stack measurement shall be mutually agreed. Contractor shall have to account for all excavated hard rock.

3.6.3 “All fossils, coins, articles of value of antiquity and structure and other remains or things

of geological and archaeological interest discovered on the site of works shall be the absolute property of the Employer and the Contractor shall take all precautions to prevent his workmen or any other person removing or damaging any such article or thing and shall immediately upon discovery thereof and before removal inform the Employer of such discovery and carry out the removal under the supervision of the Employer of the same and hand it over to the Employer”.

3.6.4 The Contractor shall make its own arrangement for all labour, construction, tools & tackles & construction materials. All temporary approach roads to the site for carrying out construction work shall be constructed and maintained by the Contractor at its own cost.




3.6.5 The Contractor shall make arrangement at its own cost for drawing and distributing water and power from a single point each, where water and power will be provided by the Employer. The Contractor should have adequate water storage capacity to meet its requirements.

3.6.6 The Contractor shall take all necessary precautions to avoid damage to any property of the Employer or any third party. The Contractor shall also ensure that the progress of work of other Contractors in the adjoining areas is not hindered.

3.6.7 The Contractor shall take all precautions during execution, especially while excavating to avoid interference with or damage to underground works, such as cables, pipe lines, drains, etc. and provide all possible protection to these works and in case they are damaged, rebuild / divert them at its own cost.

3.6.8 The Contractor shall carry out, at its own cost, necessary precision survey to set out and check the setting of all works including foundation & anchor bolts, etc., to the required tolerances using the grid reference points available in the plant site.

3.6.9 Materials brought to the site shall not be removed from the site without the written consent of the Employer. The Contractor shall submit well in advance for approval of all samples, specimens as the Employer may demand from time to time. Any material brought to site and rejected by the Employer shall be removed by the Contractor from the site of work immediately.

3.6.10 The Employer may during the progress of work, order the removal of part or whole of the work executed, found not in accordance with the approved drawings / specifications / written instructions. No extra claims shall be entertained for removal & re-execution of such work.

3.6.11 No work shall be covered up or put out of view without the approval of the Employer. In the event of failing to do so, the Contractor shall uncover any part of the work or make openings in or through the works as the Employer may direct and they shall be made good with materials approved by the Employer and should match with workmanship of the surrounding work.

3.6.12 The Contractor shall provide sufficient strong and stable staging so as to ensure safety of the labour & structures.

3.6.13 The Contractor shall provide all necessary storage at the site in specified areas for all materials such as timber, cement, lime and such other materials which are likely to deteriorate by the action of sun, winds, rain or other natural cause due to exposure in the open in such manner that all such materials shall be duly protected from damage by weather or any other cause. All such stores shall be cleared away and the whole site left in good order on completion of the Contract. All materials shall be stacked in such a manner as to facilitate rapid and easy checking of such materials. The Contractor will not be permitted to store any of his material in the buildings under construction or already constructed by him without prior approval of the Employer.

3.6.14 The Contractor shall dismantle and remove the staging and other temporary facilities like stores, offices, labour camp, etc., on completion of work, clear and clean the site where such temporary facilities were built and restore the same to original condition.




3.6.15 After completion of work, the Contractor shall carry out levelling of the site within battery limit ensuring proper grades and slopes to achieve efficient drainage of the site. The Contractor shall remove all debris, surplus earth, etc., and dump the same at place(s) as directed by the Employer within a distance of 5 km from the site.

3.6.16 a)The cost of testing of concrete and any other material, shall be borne by the Contractor.

b)The Contractor shall install its own construction laboratory equipment at site

for testing of construction materials like cement, aggregates, concrete cubes, soil etc.

c)Testing shall be carried out by the Contractor in the presence of Employer’s

representative. However, the Contractor shall arrange for such testing, in case of exigencies on the Employer’s instructions, at any other testing laboratory as approved by the Employer without any extra cost to the Employer. All test results shall be submitted by the Contractor to the Employer for his approval.

d)Any special measures or techniques which may be necessary for

construction of structures, e.g., dewatering, sheet piling, diaphragm walls, well sinking, well point system, continuous pouring of concrete, etc., shall be deemed to have been taken into account by the Contractor and no extra claim, whatsoever, shall be entertained.

3.6.17 In respect of any portion of works, which is to be embedded or covered up by other

works, the Contractor shall submit them to Employer for technical inspection and have the necessary clearance certificates duly signed by the Employer and Contractor before letting such portion to be embedded or covered.

3.6.18 Wherever works are to be carried out in proximity or within existing facilities, Contractor may have to adopt special methodology of construction suited to prevailing conditions. The Contractor shall make necessary schemes in advance and finalise the same with the approval of the Engineer / Consultant.

3.6.19 On progressive completion of work, the Contractor shall submit to the Employer

the following documents for the passing of the work:

a) Certificate on control checking. b) A copy of each of the concerned working drawings showing thereon all

approved additions and alternations, if any, in the process of execution. c) Clearance certificates for embedded / covered up works. d) Manufacturer’s certificates, guarantees and test certificates, as relevant.

3.6.20 CONTRACTOR is responsible for protecting his “Work” till it is finally

accepted/Taken over by EMPLOYER. No claim will be entertained by EMPLOYER for any damage or loss to the CONTRACTOR ’S ‘Work’. CONTRACTOR is also responsible for complete restoration of the damaged ‘Work’ to its original condition to comply with the specifications and drawings keeping EMPLOYER completely indemnified.




3.7 Technical Services

The technical services to be provided by the Contractor are detailed under various provisions of the Contract including Contract Technical Specifications and other documents attached and annexed thereto. However, in addition to those services which are under Contractor’s scope as specified elsewhere in the Contract, the Contractor shall also provide services as stipulated herein below:

Planning and Scheduling for completion of the Works and related activities under

the Contractor’s scope within stipulated “Time for Completion” Preparation & submission of Bar Chart/PERT Network with details of all

milestones and their completion schedule which shall be subject to approval of the Employer/Consultant.

Management and execution of the Works in accordance with required

Workmanship & Quality Assurance System and with adequate supervision to complete the Works under the scope within agreed time schedule.

Providing to the Employer detailed scheme for mobilisation of manpower,

organisational and machinery resources along with adequate material handling equipment, fabrication / erection / construction equipment, other tools & tackles and consumables in accordance with stipulations of the Contract.

Compliance with all statutory regulations and requirements including but not limited to registration with Government and/or local statutory bodies, compliance with all their laws/regulations, labour laws etc. as applicable in connection with execution of the Contract. All safety, health and pollution control measures as required to be adopted as per the Statutory Regulations and the Safety Codes for Contractors enclosed or otherwise required or implied by statutory regulations or practices including those specified under the Contract shall be strictly followed by the Contractor during the execution of the Contract. The Contractor shall set up a suitable safety organisation of his own at site in this regard.

Assistance to Employer in obtaining clearance of installations/Works from the

statutory and other concerned authorities on behalf of Employer, if so required by the Employer. The Contractor shall also assist in preparing application forms, providing necessary drawings, documents, test certificates etc including necessary co-ordination with statutory and other concerned authorities. However applicable statutory fees in this respect, if any, shall be borne by the Employer.

3.8 Total Responsibility The Contractor shall be solely responsible for the completion of entire Works as per the

Contract irrespective of whether any work under the scope or any part thereof have been executed by him directly or by his sub-contractor with or without the approval of the Employer/Consultant as the case may be.




3.9 Completeness The Contractor shall, unless expressly excluded in the Contract from the Contractor’s

scope of works, perform all such work/services and/or supply all such items & materials at no additional cost to the Employer, not specifically mentioned in the Contract but required for attaining completion of work in accordance with the Contract, as if such work/services and/or supply of such items & materials were expressly included in the Contractor’s scope of work under the Contract.

3.10 SPECIALISED AGENCIES The Contractor can utilise the services of any specialised agencies services for any

works. Written approval of Employer shall be obtained before employing any agencies. 3.11 The Contractor shall take all precautions during execution, especially while excavation

to avoid interference with or damage to underground works such as cables, drains, etc. whether shown in the drawing or not and provide all possible protection to these works and in case they are damaged, rebuild/divert them at his own cost. All such types of works shall be executed only upon prior written approval of the Employer.

3.12 Materials brought to the site shall not be removed from the site without the written

consent of the Employer. Any material brought to site and rejected by the Employer shall be removed by the Contractor from the site of work immediately at Contractor's expense.

3.13 Requirement of any special measures or techniques for construction e.g. diaphragm

walls, well sinking, well point system, concrete batching plant, trans mixers, continuous pouring of concrete, dewatering etc shall deem to have been taken into account by the Contractor. Similarly, all constructional equipment including material handling equipment like mobile & tower cranes (as required), forklifts, trailers etc. in addition to other tools & consumables keeping in view the schedule shall be deployed by the Contractor.

3.14 The Employer has very limited resources of construction equipment. There shall be no

contractual obligation on part of the Employer and no claim of the Contractor shall be entertained if the Employer does not or is not able to provide the Construction equipment of any type/capacity.

3.15 Wherever Employer arranges for its own Constructional Equipment, debit shall be raised

on eight hours shift basis or on four-hour slab basis including the marching time from and to the workshop on requisition in the prescribed format. The charges shall be recovered from any bill of the Contractor due immediately thereafter.

3.16 Load Test The Contractor shall carry out load test on any part of the structure, under Contractor’s

scope of Works, at its own cost if such load test is warranted due to unsatisfactory test results of concrete cubes and if so directed by the Employer.




3.17 Explosives 3.17.1 Explosives shall not be used on the work or on the site by the Contractor without the

prior permission of the Engineer and that only in the manner and to the extent permitted by the Engineer. When explosives are required for any work, the same shall be stored in a special magazine to be provided by and at the cost of the Contractor in accordance with the laws relating to the possession and storage of explosive for the time being in force. The Contractor shall forthwith obtain a license required by such law for the storage and use of explosives and all operations in which or for which explosives are employed shall be at the sole risk and responsibility of the Contractor and the Contractor shall fully and effectually indemnify the Employer in respect thereof

3.17.2 The Contractor shall engage only the licensed blasters and comply with all statutory

regulations. 3.18 Fossils and Precious Materials (a) All fossils, gold, silver, oil and other minerals precious stones, coins, articles of

value of antiquity and structures and other remains or things of geological and archaeological interest discovered on site of work shall be the property of the Employer and shall be notified by the Contractor immediately to the Employer for onward information to concerned authorities.

(b) The Contractor shall take reasonable precaution to prevent his workmen or any

other person from removing or damaging any such articles or thing and protect the same till its removal as per instruction of the Employer. On receipt of instruction from the Employer the Contractor shall deliver the same to the person/ agency authorised by the Employer.

3.19 Rate for Extra Items

In case it is found necessary to execute any item of work which is not included in the schedule of items, the rates for such extra item shall be fixed as per the following procedure. a) Where the extra works are of similar character and/or executed under similar

conditions as any of work appearing in the schedule of quantities, then the rates for such extra item shall be derived from the contract rates of similar/closest item of work provided.

b) If the rate for any extra item of work cannot be determined in the manner specified

under sub clause “a” as defined above, the rate for such extra item of work shall be carried out at the rate entered in the Schedule of Rates (DSR/SOR/estimate base) plus/minus the percentage by which the tendered amount of the works actually awarded is higher or lower than the estimated amount of the works actually awarded.




c) Where the nature of extra item is such that the rate for the same cannot be derived as per procedure(a) and (b) above, then the rate shall be established based on the market rates and taking into account 15% over cost of labor and materials to cover supervision, overheads and profit. The labor material and other such coefficients/factors may be adopted from CPWD Analysis of rates for such items.

3.20 Site Regulations and Safety

It shall be the responsibilities of the Contractor to observe and implement all site

regulations and safety codes as stipulated under the Contract and as notified by the Employer from time to time to the Contractor.

3.21 Before submitting their quotations, the bidder is advised to study all drawings,

specifications and documents enclosed with the tender and also visit site and acquaint himself of all the conditions prevailing at site. After acceptance of tender, no claim whatsoever, shall be entertained on ground of ignorance of site condition/special local working conditions etc.

3.22 The bidder may obtain clarifications, if any, from the office of KIOCL/MECON to understand the completeness of work before submission of his offer.

3.23 Contractor shall arrange to make all temporary roads, stores, office, labour colonies and other enabling facilities as required by them at their cost and maintain the same till completion of the contract and dismantle all temporary facilities and clear the debris from site after which the final payment shall be released to the contractor. However, before taking up construction of any temporary facilities, prior approval of KIOCL / MECON shall be obtained.

4.0 Time for completion & Performance Bank Guarantee

4.1 Time for Completion The Contractor shall attain Completion of the Work within the time stated in the Form

of Contract Agreement or within such extended time to which the Contractor shall be entitled under “Extension of Time for Completion” hereof.

4.2 Performance Bank Guarantee 4.2.1 The successful tenderer whose tender has been accepted for award of work (herein

after referred to as the contractor), is required to deposit an amount equal to 10% of the value of the work as awarded as CPG / SD in any one of the following forms, unless otherwise agreed to in the contract

4.2.2 Within thirty (30) days from the effective date of contract, the successful tenderer to

whom the contract is awarded, shall furnish a contract Performance Guarantee (Security Deposit) from a Nationalized Bank / Scheduled Commercial Bank in favour of the Owner. The contract performance guarantee amount shall be equal to ten percent (10%) of the total contract price and it shall be for due and faithful performance of the contract in accordance with the terms and conditions specified in the tender documents. The guarantee shall be valid till the expiry of the defect liability period plus three months.




4.2.3 The CPG / security deposit shall remain at the entire disposal of the OWNER as a security for the satisfactory execution and completion of the works in accordance with the terms and conditions of the Contract. The OWNER shall be at liberty to deduct and appropriate from the CPG / Security Deposit such penalties and dues as may be payable by the CONTRACTOR under the Contract. The amount by which the CPG / Security Deposit is reduced by such appropriation shall be made good by further deduction from the CONTRACTOR’s subsequent interim bills / Running Account Bills, until the CPG / Security Deposit is restored to its full limit mentioned above.

4.2.4 No interest shall be payable by the OWNER against the Contract Performance

Guarantee / Security Deposit furnished by / recovered from the CONTRATOR. 4.2.5 Refund of Contract Performance Guarantee / Security Deposit

The CPBG / SD, deposited by the CONTRACTOR shall be returned / refunded to the CONTRACTOR on demand, after the expiry of the defects liability period or on payment of the amount of the Final bill in accordance with relevant clauses of the contract, whichever is later, provided the Owner / Employer is satisfied that there is no demand outstanding against the CONTRACTOR.

4.2.6 Effecting of recoveries:

Once the recoveries become due from a contractor, the same should be effected from the money due to the contractor either from the same work or from any other work or from the performance security. Action to recover the overpaid amount should not be kept pending or kept in abeyance on account of the case being before the arbitrator. Action in terms of the award by the arbitrator can be taken after the award is received and accepted by the Competent Authority. The recovery of overpaid amounts should be effected as early as possible and the recovery should not be kept in abeyance during the pendency of arbitration proceedings.

5. EMPLOYER’S RESPONSIBILITIES 5.1 The Employer shall ensure the accuracy of important information and / or data to be

supplied by the Employer, except when otherwise expressly stated in the Contract. 5.2 The Employer shall be responsible for acquiring and providing legal and physical

possession of the Site and access thereto, and for providing possession of and access to all other areas reasonably required for the proper execution of the Contract, including all requisite rights of way. The Employer shall give full possession of and accord all rights of access thereto on or before the mutually agreed date(s).

5.3 If requested by the Contractor, the Employer shall use its best endeavours to assist the Contractor in obtaining all permits. However, this will be limited only to the site.

6. GENERAL OBLIGATIONS OF CONTRACTOR Unless expressly excluded and/ or limited elsewhere in the Contract, the Contractor

shall discharge the responsibilities as specified herein below at no extra cost to the Employer in addition to such other obligations and responsibilities as have been specified elsewhere in this contract;




6.1 The contractor shall be deemed to have obtained independently on his own all necessary information and shall be deemed to have carefully examined all details relating to works as given in the contract including its scope, nature and magnitude, requirements of associated materials and services and shall be deemed to have fully acquainted himself as to all conditions and matters which may in any way affect the execution of works in accordance with the Contract and/or the cost associated therewith.

The employer shall assume no responsibility and/or liability whatsoever as may arise due to lack of inadequacy of such information no matter whatever be the defects, omissions or errors that may be found in the information / documents furnished by the Employer.

6.2 The Contractor shall be deemed to have acquainted himself with the Indian Income Tax Act, 1961, Indian Companies Act, 1956, Indian Electricity Act, Electricity Rules, Factories Act, Labour laws, Pollution Control Regulation and other acts & laws, rules and regulations as applicable in execution of works and prevalent in India, respective state(s) and at Project site and as amended from time to time.

The Contractor shall further conform in all respects with the provisions of any such Statue, Ordinance or Law as aforesaid and the rules, regulations or by-law of any local or other duly constituted authority which may be applicable to the works or to any Temporary Works and with such rules and regulations of public bodies as aforesaid.

The Contractor shall keep the Employer indemnified against all penalties and liability

of every kind for breach or non-compliance, by him including his sub-contractor(s), of any such Statue, Ordinance, law, Rule, Regulation or Bye-Law as aforesaid.

6.3 It shall be the responsibility of the Contractor to establish to the satisfaction of the

Employer that all materials used or incorporated in the Works or the completed Works itself or any part thereof meet the required specification and are of desired quality. If considered necessary by the Employer, the Contractor shall establish and maintain a well-equipped laboratory at site for quick testing of materials intended to be used or incorporated in the Works, including cement, bricks and concrete including aggregates, wood, steel welds etc including Works at site and to undertake all non-destructive tests like DPT, ultrasonic / radiographic testing and stress relieving of butt welded joints as required.

However, the Contractor shall carryout the testing at Employer / Govt. approved lab without any extra cost, if so desired by the Employer / Consultant in order to check & verify the quality of works or any part thereof, executed under the Contract.

6.4 The Contractor shall provide all temporary ladders, scaffolding materials, platforms, supports and other necessary facilities required for handling, installation/erection, testing and visual inspection of supplies at the point of installation and shall also provide necessary packing plates, wedges, shims, levelling screws etc. required for erection of structures. The Contractor shall provide sufficient strong and stable staging so as to ensure safety of the labour.

6.5 The Contractor shall provide sufficient fencing, notice boards and lights as may be considered necessary by the Employer / Consultant to protect and warn others. All materials used for providing these facilities shall be properties of the Employer.




6.6 The Contractor shall take all precautions during execution, especially while excavation to avoid interference with or damage to underground works such as cables, drains, etc. whether shown in the drawing or not and provide all possible protection to these works and in case they are damaged, rebuild/divert them at his own cost.

6.7 Materials brought to the site shall not be removed from the site without the written

consent of the Employer. Any material brought to site and rejected by the Employer shall be removed by the Contractor from the site of work immediately at Contractor's expense.

6.8 Requirement of any special measures or techniques for construction of structures e.g.

sheet piling, diaphragm walls, well sinking, well point system, continuous pouring of concrete, dewatering etc shall deem to have been taken into account by the Contractor.

6.9 The contractor shall be deemed to have visited the site and surroundings of the proposed work at his own Cost and satisfied himself with all aspects, nature and extent of work and / or any other factor, (e.g. availability of Labour, water, power, ground and sub-soil conditions, uncertainties of weather, general and local conditions etc.) which might influence his tender and shall be deemed to have verified and / or checked the data furnished by the EMPLOYER, if any.

The contractor shall be deemed to have satisfied himself as to the accessibility to site by roads and feasibility of taking materials and Equipment to the site of work, erection of their Equipment and suitability of site for the proposed work.

6.10 All the services shall be in conformity with accepted norms and best available

engineering standards including Indian Standards and IPSS.

6.11 Contractor’s responsibility shall also include execution of all such jobs not specifically mentioned under Technical Specifications but considered necessary for completeness of work. Clearance / Approval, if any, required from the Statutory Authorities for execution of the work shall be obtained by the Contractor within the Quoted Price. However, formalities required to be fulfilled by EMPLOYER in this respect, if any, shall be met.

7. CONTRACT PRICE 7.1 The Contract Price as specified in Article – 2 of the Contract Agreement shall be for

the entire scope of the Work. The break-up of the contract price is given in the Appendix-1 to the Form of Contract Agreement.

7.1.1 The Total Contract Price in respect of the scope of the Contract covered by and in

accordance with all terms & conditions, stipulations, specifications, requirements and other conditions of the Contract shall be as specified in the Contract Agreement.

7.1.2 Unless otherwise specified the Total Contract Price is inclusive of all charges and other

taxes, duties, levies, cess as applicable on base date but excluding GST. GST Shall be paid extra as applicable.




8.0 TERMS OF PAYMENT 8.1 All payments shall be made as specified in Appendix – 3 of Form of Contract

Agreement directly by the Employer to the Contractor unless otherwise provided in the Contract or agreed between the Parties.

8.2 If as per provisions of Contract any payment is made directly by the Employer to the Sub-Contractors, such payments shall constitute a proper discharge of Employer’s obligations for such payments to the Contractor.

9. 0 Works to be measured

The Engineer shall, except as otherwise stated, ascertain and determine by measurement the value of work done under the Contract. He shall, when he requires any part or part of the Works to be measured, give notice to the Contractor’s authorised agent or representative who shall forthwith attend or send a qualified agent to assist the Engineer or the Engineer’s Representative in making such measurement and shall furnish all particulars required by Engineer. Should the Contractor not attend or neglect or omit to depute his representative during such measurements of Works or any part thereof then the measurement made by the Engineer or approved by him shall be taken to be the correct measurement of the work and binding on the Contractor.

9.1.1 Unless otherwise specified elsewhere, measurement of works shall be carried out on the basis of drawings, sketches/schemes and any modifications thereof issued by the Employer in terms of the Contract.

9.1.2 Measurements at site shall be taken only in the case of site deviations for which no

revised drawings have been issued or in the cases where measurement from the drawing is not possible. Such measurements shall be carried out as per relevant Indian Standard Code and in the absence of any such code for the Works to be measured, as per Codes or procedures decided by the Engineer and shall be recorded preferably in sketches and signed jointly by the Employer/Consultant and Contractor.

9.1.3 For the purpose of measuring such permanent work as is to be measured by record

drawing the Engineers Representative shall prepare record drawings month by month of such work and the Contractor as and when called upon to do so in writing shall within fifteen (15) days attend to examine and agree to such record drawings with the Engineer’s Representative and shall sign the same when so agreed. If the Contractor fails to attend to examine and/or agree any of the record drawing, such record drawings as prepared by Engineer shall be taken to be correct and final for the purpose of payment and adjustment in the Total Contract Price unless the Contractor, within fifteen (15) days of such examination, lodge with the Engineer/Engineer’s Representatives for his objections to Engineer’s decision by notice in writing along with details of aspects in which such record drawings are claimed by him to be incorrect.

9.1.4 In all cases of measurement of work as stated above the Contractor shall certify that the work has been carried out strictly as per the drawings, specifications and item of work and is in terms of the Contract. Such certificate shall require Employer’s/Consultant’s endorsement for the purpose of payment.




9.1.5 In the event of any dispute or conflict with regard to the measurement of the work executed, the decision of the Employer shall be final and binding on the Contractor.

9.2.0 Deductions from Contract Price

All costs, charges, damages or expenses which the Employer may have paid or incurred, shall be reimbursed by the Contractor to the Employer, if and to the extent to which the Contractor is liable under the Contract to pay, within (thirty) 30 days upon written request of the Employer, failing which such costs, charges, damages or expenses shall be deducted by the Employer from any money due or becoming due by him to the Contractor under the Contract or any other Contract, failing which, such amounts shall be considered as debt due from the Contractor to the Employer and shall be recoverable accordingly including but not limited to, by way of forfeiture of the Bank Guarantee(s) submitted by the Contractor under the Contract.

10. TAXES & DUTIES

a. “Goods and Service Tax (GST):

i. Evaluation of price offers shall be made based on the total quoted amount including any other charges, taxes & levies etc. but excluding GST.

ii. Supply of goods or services or both covered under this tender shall attract Goods and Service Tax (GST) at applicable rate as amended from time to time. The Tenderer should clearly mention GST in addition to the basic cost i.e., CGST+ SGST+ Cess if any in case of intrastate supplies or IGST + cess, if any in case of interstate supplies in their price bid along with the rate applicable unless notified as exempted.

iii. The Tenderer shall quote rate for items of BOQ excluding GST and including any other charges, taxes & levies etc. in provided columns of Price Schedule (Excel Format) of Tender Document. Tenderer shall quote CGST / IGST / UTGST / SGST over total quoted value as provided in price format.

iv. Successful tenderer shall mention in the Invoice, their GST registration Number (GSTIN), 2 digit or 4 digit HSN code (as applicable) along with description of goods as per Goods and Service Tax Act, Rules and Notifications made thereunder for the items listed in the price schedule of the tender.

v. Successful tenderer should submit GST invoice for the supplies made to Owner

(if applicable) as per the provisions of Goods and Service Act for availing input tax credit by the owner. Further, tenderer shall submit monthly returns along with payment of taxes, as applicable within the prescribed time as per GST Rules made thereunder.

vi. Tenderer must have GST registration number and shall submit a copy of

registration certificate along with the tender. In case tenderers do not possess GST number, they may submit a copy of GST REG – 25 ‘Certificate of provisional registration’ under GST. The tenderer however shall submit a copy of final certificate of registration i.e., GST REG - 06 after the receipt of the same before award of work.




vii. Successful Tenderer shall quote their GSTIN &PAN in all their invoices/R.A Bills and documents against supplies, wherever required as per the provisions of the statute, to enable OWNER to avail Input Tax credit.

viii. GST TDS shall be deducted at such percentage as may be prescribed on the goods or services falls under notified category. This will be deducted from such date as notified by the Government and the OWNER shall issue certificate to the tenderer for claiming credit of the same.

ix. In case any credit, refund or other benefit is denied or delayed to Owner due to any non-compliance by the supplier (Such as failure to upload the details of the sale on the GSTN portal, failure to pay GST to government) or due to non-furnishing or furnishing of incorrect or incomplete documents by the supplier, the supplier would reimburse the loss to Owner, including loss of credit, interest and penalty.

b. Statutory Variation in Taxes, additional levy and withdrawal of taxes:

i. Statutory variations due to imposition of new taxes and duties or withdrawal of

existing taxes and duties by the Central or State Government as may be applicable on the supplies and services shall be to the OWNER’s account. The aforesaid variation shall be reimbursed/refunded by or to the OWNER subject to production of relevant documentary evidence and will be limited within the Contractual delivery period/execution schedule.

ii. Any reduction in tax rates or withdrawal of taxes that are levied by the government

during the tenure of the contract shall be passed on to the Owner’s account.

iii. However, for any new taxes levied by the Government and statutory variation during the extended time of the contract, if any, due to the reasons attributable to the Owner, the variation of tax rates will be to the Owner’s account

c. Other GST Compliance related Terms:

i. Contractor shall issue tax invoice indicating all the specified fields in the Tax invoice Rules as notified including HSN/SAC codes, GSTIN Number

ii. Contractor is responsible for uploading his outward supplies data with GSTN in

the month of supply and any demand of interest for failure of the Tenderer to upload the invoice or to accept purchase data filed by OWNER in GSTR-2 shall be to the account of Tenderer.

iii. In the event of non-reporting of invoices for supplies effected to OWNER during

the month or non-acceptance of purchase data submitted by OWNER relying on the invoice received from Tenderer, OWNER is entitled to withhold the GST claimed in the Tax Invoice.

iv. Whenever advance against supplies is received by the Tenderer, Tenderer shall

issue receipt voucher and pay the applicable GST in the month of receipt.




v. Contractor shall attend to all issues on reconciliation of invoices, mismatch reports etc. to the satisfaction of OWNER.

vi. If the Contractor fails to upload the invoice details in the GSTR return or fails to

pay applicable taxes under GST, additional cost of interest or penalty levied to OWNER by revenue authorities due to any default by Contractor shall be recovered from the Contractor.

vii. In case, the government notifies the activity covered in the contract for the purpose

of TDS under GST Act, OWNER shall deduct TDS from the Contractor bills and will issue necessary certificate to the Contractor to claim credit of the same.

viii. It is the responsibility of the Contractor to determine the place of supply in terms

of the place of supply rules.

d. Any Income Tax which Employer may be required to deduct by law or statute shall be deducted at the source and the same shall be paid to Income Tax Authorities on account of the Contractor. Employer shall provide the Contractor a certificate for such deduction of Tax. The Contractor shall indicate their Permanent Account Number with the relevant Income Tax Authority to Employer.

e. The Contractor shall bear and pay all the liabilities in respect of non-observance of all

legal formalities as per various statutory provisions. 11. COPYRIGHT The technical information, drawings, specifications and other related documents

forming part of tender or contract are the property of EMPLOYER and shall not be used for any other purposes, except for execution of the contract. All rights, including rights in the event of grant of patent and registration of designs are reserved. The technical information drawings, specification, records and other documents shall not be copied transcribed, traced or reproduced in any other form or otherwise in whole and/or duplicated, modified, divulged and/or disclosed to a third party nor misused in any other form whatsoever without EMPLOYER consent in writing except to the extent required for the execution of this Contract.

These technical information, drawings, specifications and other related documents

shall be returned to EMPLOYER with all approved copies and duplicates, if any, immediately after they have been used for the agreed purpose. Required numbering and codification method need to be implemented by the CONTRACTOR to trace such documentation.




12. CONFIDENTIAL INFORMATION 12.1 The Employer and the Contractor shall keep confidential and shall not, without the

written consent of the other party hereto, divulge to any third party any document, data or other information furnished directly or indirectly by the other party hereto in connection with the Contract, whether such information has been furnished prior to, during or following termination of the Contract. Notwithstanding the above, the Contractor may furnish to its Sub-Contractor(s) such documents, data & other information it receives from the Employer to the extent required for Sub-Contractor(s) to perform its work under the Contract, in which event the Contractor shall obtain from such Sub-Contractor(s) an undertaking of confidentiality similar to that imposed on the Contractor under this clause.

12.2 The Employer shall not use such documents, data and other information received from the Contractor for any purpose other than the work.

13. REPRESENTATIVES

13.1 Engineer

Definition given in GCC Clause 1.0. 13.2 Contractor’s Representative 13.2.1 If the Contractor’s Representative is not named in the Contract, then within fourteen

(14) days of the Effective Date of Contract, the Contractor shall appoint the Contractor’s Representative and shall request the Employer in writing to approve the person so appointed. If the Employer makes no objection to the appointment within fourteen (14) days, the Contractor’s Representative shall be deemed to have been approved. If the Employer objects to the appointment within fourteen (14) days giving the reason therefore, then the Contractor shall appoint a replacement within fourteen (14) days of such objection.

13.2.2 The Contractor shall not revoke the appointment of the Contractor’s Representative without the Employer’s prior written consent, which shall not be unreasonably withheld. If the Employer consents thereto, the Contractor shall appoint some other person as the Contractor’s Representative.

13.2.3 The Contractor’s Representative shall represent and act for the Contractor at all times during the currency of the Contract and shall give to the Engineer all the Contractor’s notices, instructions, information and all other communications under the Contract.

13.2.4 All notices, instructions, information and other communications given by the Contractor to the Employer under the Contract shall be given to the Engineer, except as herein otherwise provided.




13.2.5 The Contractor’s Representative may, subject to the approval of the Employer (which shall not be unreasonably withheld), at any time delegate to any person any of the powers, functions and authorities vested in him or her. Any such delegation or revocation shall be subject to a prior notice signed by the Contractor’s Representative, and shall specify the powers, functions and authorities thereby delegated or revoked. No such delegation or revocation shall take effect unless and until a copy thereof has been delivered to the Employer and the Engineer. Any act or exercise by any person of powers, functions and authorities so delegated to him, shall be deemed to be an act or exercise by the Contractor’s Representative.

13.2.6 In the event any of the Contractor or his sub-contractors, personnel, agents, sub-agents, assistants or other employees shall be guilty of any misconduct or be incompetent or insufficiently qualified or negligent in the performance of their duties or it is undesirable for any administrative reasons for such person to be deployed, the contractor, if so directed, shall immediately remove such person or persons from site. Any person or persons so removed shall not again be utilised in connection with this contract without the written permission of the Employer. Any person so removed shall immediately be replaced by a qualified and competent substitute at the Contractor’s cost and expenses. Should the Contractor be requested to repatriate any person he shall do so and shall bear all costs and charges in connection therewith.

13.3 Co-operation with Other Contractors 13.3.1 The Contractor shall, upon written request from the Engineer, provide all relevant

technical information to the other Contractors employed by the Employer on or near the Site for any associated facilities to enable the Employer to obtain the efficient & economical design of the associated facilities.

13.3.2 The Contractor shall, upon written request from the Engineer, give all reasonable

opportunities for carrying out the work to any other Contractors employed by the Employer on or near the Site and shall co-ordinate with the other Contractors for any interface activity under its Scope of Facilities.

13.3.3 The Contractor shall also so arrange to perform its work as to minimise, to the extent

possible, interference with the work of other Contractors. The Engineer shall determine the resolution of any difference or conflict that may arise between the Contractor & other Contractors in regard to their work.

13.3.4 The Contractor shall notify the Engineer promptly of any defects in the other

Contractors’ work that come to its notice, and that could affect the Contractor’s work. The Engineer shall determine the corrective measures, if any, required to rectify the situation after inspection of the Facilities. Decisions made by the Engineer shall be binding on the Contractor.




14.0 CONSTRUCTION WATER & POWER 14.1 Construction Water

14.1.1 Construction & Drinking water shall be supplied free of cost by the Owner to the Contractor at a single point within a distance of 300 m from the battery limit. The Contractor shall make its own arrangements to lay and maintain necessary distribution lines, valves, etc., from this point at its own cost.

14.1.2 The Contractor shall be responsible to store water in sufficient quantities to meet its

requirements and ensure that there is no wastage of water. Quantum of supply will depend on availability and no claim for shortfall shall be allowed by the Owner.

14.2 Construction Power 14.2.1 The Owner will supply, 415V, 3-Phase four wire AC power in bulk at one point within

200 meters of battery limit, for construction & erection free of charge. The Contractor shall make its own arrangements to lay and maintain necessary distribution lines and wiring at its own cost. This shall be read in conjunction with contract technical specification. In case MESCOM has a failure/ problem in grid then alternate power supply shall be arranged by the contractor.

14.2.2 The Contractor shall ensure that the electrical equipment employed by the Contractor

will be such that the aggregate power factor does not fall below 0.9 at the Owner’s terminal point and provide safety Tripping devises like. ELCB/RCCB from his panels.

14.2.3 The electrical installations for construction power shall conform to Indian Electricity

Rules. 14.2.4 The Contractor will employ Electricians having valid Electrical Licence for carrying out

the installations as well as for maintenance. 14.2.5 The Contractor shall be responsible for all damages, losses, etc., if it is due to the

Contractors negligence, improper installation, operation and/ or maintenance of Contractors part of installations.

15. WORK PROGRAM 15.1 Contractor’s Organisation 15.1.1 The Contractor shall supply to the Employer a chart showing the proposed organisation

to be established by the Contractor for carrying out work on the Facilities. The chart shall include the identities of the key personnel together with the curricula vitae of such key personnel to be deployed within twenty-one (21) days of the Effective Date of the Contract. The Contractor shall promptly inform the Employer in writing of any revision or alteration of such an organisation chart.




15.1.2 The Contractor shall submit the detailed Assignment Schedule for Overseas Experts / Specialists, if any, for rendering technical services, within six (6) months from the Effective Date of the Contract, which shall be mutually agreed upon between the Employer and the Contractor, if any.

15.2 Program of Performance 15.2.1 Within three (3) weeks after the date of signing the Contract Agreement, the Contractor

shall prepare and submit to the Engineer the Master PERT Network for the performance of the Contract, showing the sequence in which it proposes to perform the work

15.2.2 The Master PERT Network so submitted by the Contractor shall accord with the Time

Schedule included in Appendix-2 (Time Schedule) to the Form of Contract Agreement and any other dates and periods specified in the Contract.

15.2.3 The Consultant/Employer shall approve the Master PERT Network after scrutiny and

discussions with the Contractor within two (2) weeks of submission of Master PERT Network. The Contractor shall submit finalised Master PERT Network in number of copies as required by the Employer.

15.2.4 Based on the finalised Master PERT Network, the Contractor shall submit L-1 Network

which shall be approved by the Employer within three (3) weeks of the submission.

15.2.5 The Contractor shall update and revise the finalised Master PERT Network as and when appropriate or when required by the Employer, but without modification in the Times for Completion given in the Appendix-2 and any extension granted by Employer.

15.3 Progress Report 15.3.1 The Contractor shall monitor progress of all the activities specified in the program and

submit to the Engineer a progress report along with Computerised Network Analysis Report every month.

15.3.2 The progress report shall be in a form acceptable to the Engineer and shall indicate: (a) percentage completion achieved compared with the planned percentage completion for each activity; and (b) where any activity is behind the program, giving comments and likely consequences and stating the corrective action being taken.

15.4 Progress of Performance If at any time the Contractor’s actual progress falls behind the program or it becomes

apparent that it will so fall behind, the Contractor shall, at the request of the Engineer, prepare and submit to the Engineer a revised program, taking into account the prevailing circumstances, and shall notify the Engineer of the steps being taken to expedite progress so as to attain Completion of the Facilities within the Time for Completion any extension thereof entitled may otherwise be agreed upon between the Employer and the Contractor.




15.5 Work Procedures 15.5.1 The Contract shall be executed in accordance with the Contract Documents including

Appendices to the Contract Agreement and Annexures hereof.

15.5.2 The Contractor may execute the Contract in accordance with its own standard project execution plans and procedures to the extent that they do not conflict with provisions contained in the Contract.

15.6 Royalties for the Construction Materials 15.6.1 Royalties for the construction materials, e.g., sand, stone aggregates, boulders,

moorum etc. as prescribed from time to time by the State Government shall be paid by the Contractor. However, in case of default, the same shall be recovered from the bills of the Contractor and paid to the State Government by the Employer if there is a demand from statutory authorities in this regard. All Mining regulations have to be strictly adhered to by the Contractor when Quarries are allotted to the Contractor. However, the Contractor shall submit necessary documentary evidence that the Contractor has paid the royalties directly to the statutory authorities at source.

15.6.2 The Contractor shall submit to the Employer a monthly statement indicating the various materials stated above extracted from Quarries, river beds and other sources.

16. INSTALLATION 16.1 Bench Mark:

16.1.1 The Contractor shall be responsible for the true and proper setting-out of the Facilities periodically in relation to bench marks, reference marks, check lines and levels provided to it in writing by or on behalf of the Employer.

16.1.2 If, at any time during the progress of installation of the Facilities, any error shall appear in the position, level or alignment of the Facilities, the Contractor shall forthwith notify the Engineer of such error and, at its own expense, immediately rectify such error to the reasonable satisfaction of the Engineer.

16.2 Contractor’s Supervision

The Contractor shall give or provide all necessary superintendence during the installation of the Facilities, and the Contractor’s Representative or its deputy shall be constantly on the Site to provide full-time superintendence of the installation. The Contractor shall provide and employ only such technical personnel who are skilled and experienced in their respective discipline and supervisory staff who are competent to adequately supervise the work at hand.

17.0 LABOUR & LABOUR RULES 17. 1 The Contractor shall provide and employ on the Site in the installation of the Facilities

such skilled, semi-skilled and unskilled labour as is necessary for the proper and timely execution of the Contract.




17. 2 The Contractor shall at all times during the progress of the Contract use its best endeavours to prevent any unlawful, riotous or disorderly conduct or behaviour by or amongst its employees & labour and labour of its Sub-Contractors / Vendors.

17.3 The Contractor shall, in all dealings with its labour and the labour of its Subcontractors

employed on or connected with the Contract, pay due regard to the laws and regulations pertaining to the employment of labour.

17.4 In respect of all labour directly or indirectly employed on the works by the Contractor, the Contractor shall comply with and implement all the Provisions of the Contract Labour (Regulation and Abolition) Act 1970, or any amendment thereof, and all labour legislations and Rules of the State and / or Central Government or other local authority formed from time to time governing the protection of health, sanitary arrangements, wages, welfare and safety of labour employed on the works and the Contractor shall be deemed to the Principal Employer for this purpose. The rules and other statutory obligations with regard to fair wages, welfare and safety measures, maintenance of register, etc., will be deemed to be part of the Contract. The Contractor will get itself registered with the concerned statutory authorities as provided in the Act and shall be directly responsible of the authorities thereunder for compliance with the provisions thereof.

17.5 Contractor shall have to submit valid Contractor’s License before commencement of Work as statutorily required.

18. PROVISION OF MINIMUM WAGES ACT AND PAYMENT OF WAGES 18.1 The Contractor shall comply with the provisions and procedures of latest State

Government’s minimum wages Act & State Government’s Minimum Wages Fixation Act. and rules made there under in respect of all employees employed by the Contractor or its Sub-Contractor(s) directly or indirectly for the purpose of carrying out the works. The Contractor shall pay employees wages not less than the minimum rates of wages, if any, fixed by the State Government from time to time.

18.2 The Contractor shall make regular and prompt payment of wages to the labour

engaged in the work and in no case shall the payment be delayed more than seven days following the period for which, the wages are due. The Contractor shall send a certificate to the Employer to this effect every month. If it is found that workers are not paid regularly, the Contract is liable to be terminated.

18.3 In respect of labour employed by the Contractor or its Sub-Contractor on the works

the Contractor shall provide at its own cost reasonable amenities for securing proper working and living condition such as water supply, lavatories, bathing place, cleanliness, etc. Where a women labour is employed urinals, lavatories will be provided separately by the Contractor for female workers as well as crèches for the infant children of women labourers. Labourers engaged on hazardous jobs and occupations, will be provided with necessary safety appliances by the Contractor(s) free of charges.




18.4 The Contractor’s / Sub-Contractor’s establishment will be subject to inspection, investigation, etc., by the Employer or its representative for assuring proper and faithful compliance of the provisions of the Contract by the Contractor (so with regard to the implementations of labour laws & other matters anticipated herein). The Contractor / Sub-Contractors shall abide by the decisions and orders of the Employer with regard to any such matter and furnish if required, necessary compliance.

18.5 In the event of retrenchment of workers by the Contractor or Sub-Contractors

employed by the Contractor during or after the completion of Facilities the retrenchment compensation and other benefits will be paid by the Contractor to the workers as per the Industrial Dispute Act and other laws.

18.6 If any money shall, as a result of any claim of application made under the said acts,

be directed to be paid by the Employer, such money shall be deemed to be money payable to the Employer by the Contractor and / or failure by the Contractor to repay the Employer, and money paid by the Employer as aforesaid, latest within 30 days after the same shall have been demanded from the Contractor, the Employer shall be entitled to recover the same from any money due or accruing to the Contractor under this or any other Contract with the Employer, failing which such amount shall be considered as debt due from the Contractor to the Employer.

18.7 The Contractor shall comply with the provisions of by-partite and tripartite agreement

entered into by the Employer from time to time with Labour Union and / or the circulars issued by the Employer regarding payment of minimum wages and benefits applicable.

18.8 The Contractor shall strictly comply the statutory rules and regulations in respect of

working hours of female labourers at site. 19. REPORTING OF ACCIDENTS

The Contractor shall be responsible for the safety of its own and its Sub-Contractors’ workmen and employees. All accidents at site are to be immediately reported to the concerned authorities. The Contractor shall be responsible for all such accidents.

20. PROVISION OF WORKMEN’S COMPENSATION ACT AND OTHER LAWS 20.1 The Contractor shall be liable for in respect of any damages or compensation payable

by law in respect of or in consequences of any accident or injury to any workmen or other person in the employment of the Contractor or any of its Sub-Contractors and the Contractor shall save harmless and shall indemnify and keep indemnified the Employer against all such damages and compensation and against all claims, demands, proceedings, costs, charges and expenses, whatsoever, in respect thereof or in relation thereto. The Contractor shall at all times indemnify and keep indemnified the Employer against all claims for compensation under the provisions of the Workmen’s Compensation Act 1923 (VIII of 1923) or any other law for the time being in forces by or in respect of any workmen employed by the Contractor or its Sub-Contractors / agencies in carrying out the Contract and against all costs and expenses




or penalties incurred by the Employer in connection therewith. In every case in which by virtue of the provisions of Section-12, Sub-Section(1) of the Workmen’s Compensation Act 1923, the Employer is obliged to pay compensation to a workmen employed by the Contractor or its Sub-Contractors / agencies, the amount of compensation so paid and without prejudice to the rights of the Employer, the Employer shall be at liberty to recover such amount or any part thereof from the security deposit or from the sums due or to become due to the Contractor (whether under this Contract or any other Contract).

20.2 The Employer shall not be bound to contest any claim made against him of the said Act, except on the written request of the same or his Sub-Contractors / agencies and upon their giving to the Employer full security for all costs for which the Employer might become liable in consequence of contesting such claims.

20.3 Payment of Wages 20.3.1 The Contractor shall make regular and prompt payment of wages to the labour

engaged in the work and in no case shall the payment be delayed more than seven days following the period for which the wages are due. The Contractor shall send a certificate to the Employer to this effect every month. If it is found that workers are not paid regularly, the Contract is liable to be terminated.

20.3.2 The Employer shall have the right to enquire into and decide against any complaint

alleging that the wages paid by the Contractor to any labour for the work done by such labour is less than the wages paid for similar work in the neighbourhood.

20.3.3 As a number of Contractors may be working at the same time in the erection of different

parts of the Works, there is need for pursuance of a co-ordinated policy in regard to employment, wages and other conditions of work. The Contractor shall consult the Employer on all such matters to arrive at mutually agreed settlements.

20.3.4 Labour laws and regulations as mentioned in GCC is applicable. However, Contractors

and their Sub-Contractors shall carry out all payments to their workforce through their individual bank accounts only. The records of such bank transfer shall be submitted as proof of compliance along with the wage registers. Wage registers without these statements will not be accepted.

Details of bank accounts of the individual workmen shall be submitted for issuance of

gate pass. Contractors and their sub-contractors shall ensure that minimum wages as notified from time to time are paid and the wage register and transfers shall be verified on the basis of such minimum wages. Details of Age proof, Aadhar card number and Bank account details of the worker should be submitted to KIOCL.




21. PROVISIONS OF APPRENTICES ACT

The Contractor shall comply with the provisions of the Apprentices Act 1961, and the rules and orders issued there under from time to time. If Contractor fails to do so, his failure may be treated as breach of the Contract and the Employer may, in its discretion, terminate the Contract. The Contractor shall also be liable for any pecuniary liability arising on account of any violation by him of the provisions of the said Act.

22. LABOUR RETURNS

The Contractor shall, if required by the Employer, submit periodical statements of labour employed by the Contractor from time to time. Contractor shall maintain all record/ register/ card such as

a) Register of workmen employed by Contractor (Regulation No.7) b) Employment card (Regulation No. 8) c) Register of wage cum muster roll d) Submission of PF Return e) Register of fines (Regulation No. 10(vii)) f) Wage slip (regulation No. 9) g) Register of Deductions For Damages or Loss Caused To The Owner By The

Neglect or Default of The Employed Persons (Regulation No. 10 (Vii)) 23. LABOUR CAMPS

The Contractor shall, at its own expense, make adequate arrangements for housing, electricity, road, supply of drinking water and provision of lavatories and urinals for its staff and labour, disposal of sewerage and sludge and for temporary crèche (bal mandir) where 50 or more women are employed at a time.

24. PRESERVATION OF PEACE

The Contractor shall take requisite precautions and use its best endeavour to prevent riotous or unlawful behaviours by, or amongst his workmen and / or others employed on the works, by the Contractor its Sub-Contractors and for the preservation of peace and protection of the inhabitants and security of the property in the neighbourhood of the works / site. In the event of the Employer requiring the maintenance of a special police force at or in the vicinity of the site during the tenure of the Contract in consequence of the riotous or unlawful behaviour by, or amongst the Contractor’s or its Sub-Contractor’s workmen and / others employed by the Contractor / Sub-Contractors, all expenses thereof and costs of all damages due to such riotous or unlawful behaviour shall be borne by the Contractor and if paid by the Employer, shall be recoverable from the Contractor from any money due or that may become due to the Contractor by the Employer.




25. SANITARY ARRANGEMENTS

The Contractor shall comply with all sanitary rules in force and carry out all sanitary measures and permit inspection of all sanitary arrangements at all reasonable times by the Employer and or Statutory Authorities.

26. INFECTIOUS DISEASES

The Contractor shall employ such persons as are found to be free of contagious diseases and shall produce if required by the Employer, certificate of fitness of all his employees working at site. The Contractor shall, if required by the Employer, subject all its employees to regular medical check up and produce satisfactory evidence of their being free from any contagious disease.

The Contractor shall remove from its labour camp such labour and their families who refuse protective inoculations and vaccination when called upon to do so by any competent authority.

27. MEDICAL FACILITIES AT SITE

The Contractor shall provide medical facilities at the site as per rules in force in relation to the strength of the Contractor’s staff and workmen deployed at site.

28. USE OF INTOXICANTS

The use or sale of ardent spirits or other intoxicating beverages, upon the works or in any of the building, boarding houses, Encampments or other tenements owned, occupied by or within the control of the Contractor or any of its employees or its Sub-Contractor is strictly forbidden and the Contractor shall secure strict compliance.

29. AGE LIMITS OF LABOUR

The Contractor shall not employ for the purpose of the work, any person below the age as its statutorily forbidden. The Employer shall have the right to refuse to allow any labour, whom the Employer considers to be under aged to be employed by the Contractor. The Contractor shall submit periodical statements of labour employed by the Contractor to the Employer.

30. PROVIDENT FUND & EMPLOYEE’S STATE INSURANCE (ESI) 30.1 The Contractor shall be solely responsible for deduction and contributions under the

Employees Provident Fund and Family Pension Act, 1952 and the scheme made there under as amended from time to time. The Contractor shall be solely responsible for the maintenance of records for payment of contributions and submission of returns in accordance with the said act and scheme.




30.2 In case the Contractor fails to make payments under the above Act and the scheme made there under and as amended from time to time, the Employer reserves the right to make such payment on behalf of the Contractor on demand from the authorities under the Act and recover the same from the payments due to the Contractor. Further, the Contractor shall indemnify and keep indemnified the Employer against any loss or damage whatsoever that may be suffered by the Employer as a result of any claims, damages, penalties for any failure, non-compliance on his part with the provisions of the aforesaid Act and the scheme framed there under.

30.3 Employee’s State Insurance (ESI)

In terms of Section 1(3) of Employee’s State Insurance Act, the Central Govt. has vide notification No. S-38013/18/ 2001-SS DT. 8.8.2001 made the provisions of the act applicable to all factories covered under the ACT within the (area) J.L. No. …………… under ……………….. P.S. Accordingly, KIOCL ,…...” falls within the purview of Sec.2 (12) of the Act. w.e.f. 01.09.2001. In view of the above, the Contractor must register the names of the persons employed by him with the Employee’s State Insurance Corporation and fulfill all the obligations as provided under the provisions of the E.S.I. Act. 1948. It is to be ensured that each Contractor, before termination of the Contract in KIOCL,…...” has to be cleared all the liabilities under the E.S.I. Act without which Final Payment shall not be released.

31. OBSERVANCE BY SUB-CONTRACTORS

The Contractor shall also be responsible for the compliance of all the above clauses by his Sub-Contractor(s).

32. CONTRACTOR’S EQUIPMENT-TOOLS, PLANT, EQUIPMENT AND MATERIALS 32.1 The Contractor shall mobilise himself with adequate equipment like mobile cranes,

forklifts, trailers etc. in addition to other tools & consumables keeping in view the schedule. The Contractor shall provide within 60 days from the Effective Date of Contract its scheme for mobilisation with Bar Chart indicating clearly the resources, manpower and machinery proposed to be deployed to ensure timely completion of work and quality of workmanship. On request, the Employer may help the Contractor by providing any special handling / construction equipment needed in the interest of work subject to availability and on payment of hire charges and other conditions of Employer. Debit shall be raised on eight hours shift basis or on four hour slab basis including the marching time from and to the workshop on requisition in the prescribed format. The charges shall be recovered from any bill of the Contractor due immediately thereafter.

32.2 All necessary Tools, Tackles and Equipment required for execution of the Work shall

have to be arranged by the contractor at his Own Cost including the Cost of Fuel & consumables.

32.3 All Contractor’s Equipment brought by the Contractor onto the Site shall be deemed to be intended to be used exclusively for the execution of the Contract. The Contractor shall not remove the same from the Site without the Engineer’s consent that such Contractor’s Equipment is no longer required for the execution of the Contract.




32.4 Contractor shall arrange for necessary Security and Safety of their materials, Plants & Equipment etc. till the project is taken over by EMPLOYER. No assistance shall be available from the EMPLOYER in this aspect. Other stipulations on safety mentioned in the General Conditions of Contract shall be adhered to.

33. SITE REGULATIONS AND SAFETY 33.1 As the works under the Contract are to be carried out within the protected area, the

Contractor shall abide by all the security regulations promulgated from time to time by the Employer / other concerned authorities.

33.2 The Contractor shall comply with the Site regulations, during the execution of the

Contract at the Site, as given in the document of “Safety Code for the Contractors. Contractor shall also maintain hindrance register which shall be periodically examined by Employer.

33.3 Such Site regulations includes, but not limited to, rules in respect of security, safety of

the Facilities, gate control, sanitation, medical care, and fire prevention. 33.4 The employees / labour of the Contractor / Sub-Contractor and Plant & Equipment

brought to Site shall be subject to gate pass to be issued by Security Department or the respective Department.

33.5 Preparation of gate pass may take around 10 days time. The Contractor / Sub-

Contractor shall plan their programme in advance accordingly. 33.6 All representatives and workers of the Contractors / Sub-Contractors shall possess

admit pass issued by the Security Department on the recommendation of the Employer. Employer shall have the right to refuse the admit pass to any workers or representatives without assigning any reasons.

33.7 The Contractor shall ensure that gate pass issued to their workers / representatives /

Sub-Contractors by the Employer are not misused by unauthorised persons for entry in the plant area or in specified area inside the plant. It shall amount to breach of rules and regulations regarding entry into a prohibited place by the Contractors in case any admit pass issued on their demand is found to be misused by unauthorised person.

34. SITE CLEARANCE 34.1 Site Clearance in Course of Performance: In the course of carrying out the Contract,

the Contractor shall keep the Site reasonably free from all unnecessary obstruction, store or remove any surplus materials, clear away any wreckage, rubbish or temporary works from the Site, and remove any Contractor’s Equipment no longer required for execution of the Contract.

34.2 Clearance of Site after Completion of Works: On the completion of the all parts of the

Works, all wreckage, rubbish, debris and surplus material of any kind including Constructional Plants/debris, kilns vats, tanks, materials/rubbish and temporary structures of any short or kind, like scaffolding etc., used for the purpose of or connected with its construction including quarters for Contractor’s labours are to be cleared away and removed by the Contractor and all pits and excavations filled up and the Site and Works are to be handed over in clean and safe and workmanlike




conditions and no final payment in settlement of the accounts for the Works shall be held to be due or shall be made to the Contractor till such site clearance shall have been effected by him.

In the event of the Contractor failing to comply with this provision within seven (7) days after receiving notice in writing from the Engineer to the effect, such clearance may be made by the Engineer at expenses of the Contractor. If it becomes necessary for the Engineer to have the site cleared as indicated above at the expense of the Contractor, the Employer shall under no circumstances be held liable for any loss or damage to such Contractor’s property as may be on site due to removal therefrom, which removal may be effected by means of public sale of such materials and property or in such way as seems fit and most convenient to the Engineer.

34.3 All debris and/or material(s) that are no longer required for construction / erection

purpose shall be removed by the Contractor for disposal to a site designated by the Employer. The Contractor shall be responsible for transporting, loading / unloading and handling of all such materials in respect of disposal to the designated site at no extra cost to Employer

35. LIGHTING, FENCING AND WATCHING

The Contractor shall provide and maintain at its own expense all lighting, fencing, and watching when and where necessary for the proper execution and the protection of the Facilities, or for the safety of the owners and occupiers of adjacent property and for the safety of the public.

36. WORK AT NIGHT AND ON HOLIDAYS 36.1 As and when the Engineer considers it necessary to carry out work on extended hours

/ three shift basis or on Public Holidays so as to meet the Time for Completion and request the Contractor to carry out work on three shifts or on Public Holidays, the Contractor shall carry out the work accordingly to meet the Time of Completion.

36.2 The Contractor shall carry out final painting of the erected Steel Structures etc., as per the instructions stipulated in the Technical Specification.

36.3 Access to and Possession of Site 36.3.1 The Contractor may prescribe the extent of portions of the Site of which the Contractor

is to be given possession from time to time and the order in which portions shall be made available to him.

Subject to any requirement stipulated in the Contract and to the order in which the Works are to be executed, the Employer will give to the Contractor possession of so much of the site as may be required to enable the Contractor to commence and proceed with the construction of the Works in accordance with the programme approved by the Employer pursuant to provisions of the Contract (if any ) and otherwise in accordance with such reasonable proposals of the Contractor as he shall make by notice in writing to the Engineer.




From time to time, as the works proceed, the Employer shall give to the Contractor possession of such further portion of the Site as may be required to enable the Contractor to proceed with the construction of the Works. If the Contractor suffers delay from failure on the part of the Employer to give possession in accordance with terms of the clause the Employer and contractor shall mutually discuss and agree the changes in approved work program.

36.3.2 In the execution of the work, no person other than the Contractor, sub-contractor and his or their employees shall be allowed on the site except with the written permission of the Employer. Facilities to inspect the works at all times shall be afforded by the Contractor to the Employer and his representatives and other authorised officials. The Employer’s Personnel shall at all reasonable times:

(a) have full access to all parts of the site and to all places from which natural Materials are being obtained, and (b) during construction (at the site and elsewhere), be entitled to examine, inspect,

measure and test the materials and workmanship, and to check the progress of the works.

The Contractor shall give the Employer’s Personnel full opportunity to carry out these activities, including providing access, facilities, permissions and safety equipment.

36.3.3 The access to and possession of the site referred above shall not be exclusive to the Contractor but only such as shall enable him to execute the works in accordance with the Contract. Upon specific request of the Employer, the Contractor shall afford to the Employer and to other Contractors of the Employer, reasonable facilities for the execution of the work concurrently with his own.

36.3.4 The Contractor shall bear all expenses and charges for special or temporary way leaves required by him in connection with access to the site. The Contractor shall also provide at his own cost any additional accommodation outside the Site required by him for the purpose of the Works

36.3.5 The Contractor shall not interfere unnecessarily or improperly with: (a) the convenience of the public, or (b) the access to and use and occupation of all roads and footpaths, irrespective

of whether they are public or in the possession of the Employer or of others. The Contractor shall indemnify and hold the Employer harmless against and from all damages, losses and expenses (including legal fees and expenses) resulting from any such unnecessary or improper interference.




37. DEFECT LIABILITY 37.1 The work executed by the Contractor shall be free from defects in the materials and

workmanship of the work executed. The contractor shall maintain and attend to all defects arising in the facilities constructed by them during the maintenance period of one year from the date of completion mentioned in the Completion Certificate. Defect liability period of twelve (12) months shall start after issuance of Completion Certificate.

37.2 If any major defects arises during such period, the contractor shall reconstruct/ rectify

the same in stipulated period mutually discussed with Employer/Consultant. Defect Liability period of such area of work shall be extended for a period of one year after rectification of major defects.

37.3 If CONTRACTOR fails to commence rectification of defects within 14 days from the

date of notice by EMPLOYER or does not complete the said rectification with diligence and within mutually agreed time period, EMPLOYER shall be entitled to carryout such work by his own workmen or by other agency at the cost of Contractor.

37.4 The issue of EMPLOYER’s completion certificate shall in no way exempt the

CONTRACTOR from the provisions under this Schedule. 37.5 The Contractor shall maintain and satisfactorily execute at his own cost all such works

of repair, amendment, reconstruction, rectification, replacement and any other work to make good the faulty work during above stipulated defect liability period.

37.6 The Contractor shall, if required by the Employer, search for the causes of any defects,

imperfection or fault under the direction of the Employer. The cost of such work shall be borne by the Contractor.

37.7 At intervals specified by the Employer / Consultant, the Contractor alongwith the

Employer shall inspect the Contract work to satisfy him that no defects have cropped up in the Contract work. Should there be any signs of defects; the Contractor shall take immediate steps to rectify the same.

37.8 At the end of the defect liability period, the Contractor alongwith the Employer /

Consultant shall carry out final inspection of the Contract work to prove that no defects had appeared in the Contract work or that all defects which appeared in the Contract work have been rectified to the satisfaction of the Employer. If during the final inspection it is found that the defects still remain in the Contract work, the period of defect liability shall be extended at the discretion of the Employer and the Contractor shall be liable to make good the defects and be responsible for the maintenance of the work till the defect have been fully removed.

37.9 Until the end of the period, the Contractor shall have the right of entry at his own risk and

expense, by himself or his duly authorised representative whose name shall previously have been communicated in writing to the Employer at all reasonable working hours, upon all necessary parts of the works for the purpose of inspection and taking notes therefrom and, if he desires, at his own expense, making any tests subject to the approval of the Employer.




37.10 To the intent that the works shall, after expiration of defect liability period, be handed over to the Employer in perfect condition to the satisfaction of the Employer, all such repair works as stated herein above shall be carried out by the Contractor at his own expense, if the necessity thereof shall in the opinion of the Employer be due to the use of materials or workmanship not in accordance with the Contract or failure on the part of the Contractor to comply with any obligations expressed or implied on Contractor’s part under the Contract.

38. LIMITATION OF LIABILITY 38.1 Except in cases of criminal negligence of wilful non performance or wilful default,

a) The Contractor shall not be liable to the Employer, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs and

b) The aggregate liability of the Contractor to the Employer, whether under the

Contract, in tort or otherwise including the cost of repairing or replacing defective equipment, shall not exceed the 100% (Hundred Percent) of the contract price, provided that this limitation shall not apply to any obligation of the Contractor to indemnify the Employer with respect to copyright, patent infringement, workman compensation and statutory liabilities in general that the Employer may be required to additionally bear due to default of the Contractor.

39. REPAIR / REPLACEMENT OF DEFECTIVE WORK

39.1 The Contractor shall be responsible for repair/for replacement at no extra Cost to the Employer with all possible pace and to the entire satisfaction of the Engineer of any inadequacies, defects, errors, faults in respect of design, detailing, material workmanship and or any act or omission of the Contractor that may develop in the works executed /plant supplied (including bought-out Equipment) by the Contractor against the Contract at any point of time before the expiry of the Defect Liability Period, irrespective of whether the work/ plant has been taken over by the Employer and regardless of whether the work/ plant was earlier inspected/ accepted by the Employer.

39.2 In case such repair/replacement becomes necessary at site, the following additional

responsibilities shall rest on the Contractor without any cost, what-so-ever to the Employer –

i) On being informed by the Engineer about any defect in the work by the

Contractor, the Contractor shall immediately go to the site to inspect and identify the location and cause of defect.

ii) In case a defective work, the Contractor shall rectify the defects within the period approved by the Engineer.




39.3 If the Contractor fails or refuses to carry out the repair/replacement of defective work within a reasonable period of time, the concerned work/portion, thereof, shall be rejected by the Employer who shall place order elsewhere for such repair/replacement at the sole risk and cost of the Contractor.

40. INDEMNIFICATION, STATUTORY LAW, LOSS OF OR DAMAGE TO PROPERTY;

ACCIDENT OR INJURY TO WORKERS 40.1 The Contractor shall indemnify and hold harmless the Employer and its employees

from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of whatsoever nature, including attorney’s fees and expenses, in respect of the death or injury of any person or loss of or damage to any property (other than the Facilities whether accepted or not), arising in connection with execution of the Works and by reason of the negligence of the Contractor or its Subcontractors, or their employees, or agents, except any injury,The CONTRACTOR shall indemnify the Employer/ Consultant, its representative and employees against any action, claim or proceeding relating to infringement or use of any patent or design or any alleged patent or design rights and shall pay any royalties or other charges which may be payable in respect of any article or material or part thereof included in the Contract. In the event of any claim being made or action being brought against the Employer or any agent, servant or employee of the Employer in respect of any such matters as aforesaid, the Employer shall immediately be notified thereof.

40.2 If any proceedings are brought or any claim is made against the Employer that might

subject the Contractor to liability hereof, the Employer shall promptly give the Contractor a notice thereof and the Contractor may at its own expense and in the Employer’s name conduct such proceedings or claim and any negotiations for the settlement of any such proceedings or claim.

If the Contractor fails to notify the Employer within twenty-eight (28) days after receipt of such notice that it intends to conduct any such proceedings or claim, then the Employer shall be free to conduct the same on its own behalf at the risk of the Contractor.

The Employer shall, at the Contractor’s request, afford all available assistance to the Contractor in conducting such proceedings or claim, and shall be reimbursed by the Contractor for all expenses incurred in so doing.

40.3 CONTRACTOR shall ensure compliance with all statutes, laws, rules and regulations of the Central or State Government or any other authority.

40.4 CONTRACTOR shall give all notices and pay all fees required to be given or paid under any Central or State statute, ordinance or other law or any regulation or by-law of any local or other duly constituted authority in relation to the execution of the Contract Work.

40.5 CONTRACTOR shall keep EMPLOYER completely indemnified against all penalties

and liabilities of every kind for breach of any such statute, ordinance, law, rule, regulation or by-laws.




40.6 CONTRACTOR shall get himself registered with concerned statutory authorities as

provided under various applicable Acts and shall be directly responsible to such authorities for compliance with the provisions thereof.

40.7 CONTRACTOR shall obtain necessary labour license from labour commissioner and

shall indemnify EMPLOYER against any action, claim or proceeding relating to infringement of all or any of the prevailing act. By way of illustration of various Acts as stated in the contract, the following Acts with latest amendments, if any, thereof shall be complied with by the CONTRACTOR.

a. Employee Provident fund Act, 1952 b. Contract Labour Act (Regulation and abolition Act, 1970) c. Minimum wages Act, 1948 d. Payment of wages Act, 1936, e. Workmen Compensation Act, 1923 f. Factories Act, 1948 g. Apprentice shop Act, 1961 h. Employee Provident fund and family pension Act, 1952. i. Contract Labour (Regulation and Abolition) Central Rules 1971 j. Employer’s liability act. 1938. k. Industrial Dispute act. 1947. l. Employee state Insurance act. 1948. m. Employee Pension Scheme n. Any other Relevant Statutory Act and all other applicable laws.

40.8 Without prejudice to Employer’s other rights as stipulated under Clauses “Insurance”,

“Defect Liability Period” and “Employer’s Lien of” the Contract, the property and risk of the Contract work shall pass on to the Employer upon issuance of Final Acceptance Certificate under the Contract.

41.0 CARE OF WORKS 41.1 The Contractor shall be responsible for the care and custody of the Works or any part

thereof from the commencement until the date of Provisional Acceptance mentioned in the Provisional Acceptance Certificate and shall repair/replace or make good at its own cost any loss or damage that may occur to the Works or the relevant part thereof from any cause whatsoever during such period. The Contractor shall also be liable for any damage to the works occasioned by him in the course of any operations carried out by him or his Sub-Contractors for the purpose of complying with their obligations under the Contract.

41.2 Notwithstanding the foregoing, the Contractor shall not be liable for any loss or damage

occurred to the Works or any part thereof caused by reason of any use or occupation of Works or any part thereof by the Employer or any third party (other than a Sub-Contractor) authorised by the Employer.




In such event, the Employer shall pay to the Contractor all sums payable in respect of the Works executed, notwithstanding that the same be lost, destroyed or damaged. If the Employer requests the Contractor in writing to make good any loss or damage to the Works thereby occasioned, the Contractor shall make good the same at the cost of the Employer in accordance with provisions given under “Right to Vary Scope”.

42. PERMITS AND LICENCES

The Contractor shall at its own expenses obtain all permits and licences from Indian Government required for the performance of work under this Contract and the Contractor shall bear any fee paid to the Government or local licensing authority for obtaining permits and licences at their own cost. The Contractor shall perform the work in accordance with the conditions of all applicable permits and licence. The Contractor shall provide evidence of licence granted and any restriction contained therein.

43.0 INSURANCE 43.1 The Contractor, within the Contract price shall arrange, secure and maintain during

execution of the Contract, insurance as may be necessary or required by law for purpose of this Contract and for all such amounts to protect the interest of the Employer against all risks as detailed herein. The form and the limit of such insurance as defined herein together with the under-writer thereof in each case shall be acceptable to the Employer. However, irrespective of such acceptance, the responsibility to maintain insurance at all times during the period of `Contract' shall be that of the Contractor alone. All policies as stipulated shall remain valid during the tenure of the Contract. The Contractor's failure in this regard shall not relieve him of any of his contractual responsibilities and obligations.

The Contractor shall take out a composite Contractor All Risk Policy with a

Nationalised Indian Insurance Company which shall cover total erected value of the Facilities (115% of Contract price) and all risks specifically inclusive of the following. The policy shall be taken at least 15 days before the start of site activity or first despatch, whichever is earlier.

43.2 The Contractor shall deposit copy of Insurance Policy/Policies along with copies of

Receipts for premium to the Employer within 15 (fifteen) days of mobilisation at site or such other lesser time as is necessitated by the work, failing which the Employer shall have the right to take out Insurance covers at Contractor' expenses and deduct the amount of such premium paid/ to be paid from any money due or becoming due to the Contractor, without prejudice to any other rights of the Employer.

The above insurance policies shall be kept valid during the tenure of the Contract.

Contractor shall also furnish to Employer any amendments thereto and prompt notification of any cancellation or termination thereof.

The Contractor shall pay necessary premium as required under the terms of the policy. Should the Contractor default in paying any premium when due, Employer, without prejudice to other remedies set forth in this Agreement, shall be at liberty to pay such premium and recover the same from the Contractor.




While the payment of premium may be phased in agreement with the insurance company, at no time shall the Works to be executed by the Contractor shall remain uninsured.

43.3 The Contractor shall arrange Transit Insurance (for transporting materials, under

Contractor’s scope of supply, to site), Storage insurance (CAR Policy, if applicable), Erection All Risks insurance, Third Party Liability insurance, Workmen's Compensation Insurance, Comprehensive Automobile Insurance and Comprehensive General liability Insurance, which shall be at the cost and the responsibility of the Contractor.

43.4 The Contractor shall take suitable Group Personal Accident Insurance Cover for taking

care of injury, damage or any other risks in respect of his Engineering and other Supervisory staffs who are not covered under policies as stipulated above.

43.5 The Employer shall be the principal beneficiary of the policy along with the Contractor.

Sub-Contractors of the Contractor shall not be holders or beneficiaries in the policy nor shall they be named in the policy. Employer reserves the exclusive right to assign the policy.

43.6 The Contractor shall also arrange suitable insurance to cover damage, loss, accidents,

risks etc., in respect of all his plant, equipments and machinery, erection tools & tackles and all other temporary attachments brought by him at site to execute the work.

43.7 In all cases, the Contractor shall lodge the claims with the Underwriters and also get the

claims settled. However, the Contractor shall proceed with the repairs and/or replacement of the works or part thereto as the case may be, in their scope without waiting for the settlement of the claims. In case of seizure of any materials by concerned authorities, the Contractor shall arrange prompt release against bond, security or cash as required. Employer will extend all assistance to the Contractor in such a case.

43.8 Notwithstanding all these Insurance Policies, the Contractor shall be solely liable and

responsible for any or all damages/losses /arising during the execution of the Contract and the Employer shall not be held responsible on any account whatsoever.

43.9 Any such insurance requirements as are hereby established as the minimum policies

and coverage which Contractor must secure and keep in force. Contractor shall at all times be free to obtain additional or increased coverage at Contractor's sole expense.

43.10 Workmen's Compensation Insurance This insurance shall protect the Contractor against all claims applicable under the

Workmen's Compensation Act, 1948 (Government of India) as amended from time to time. This policy shall also cover the Contractor against all claims for injury, disability, disease or death of his or his sub- contractor's employees which for any reason are not covered under the Workmen's Compensation Act, 1948.




The insurance policy shall cover third party liability also. The third party liability shall cover the loss / disablement of human life (persons not belonging to the Contractor) and also cover the risk of damages to others’ materials / equipment / properties during construction, erection and commissioning at site. The value of third party liability for compensation for loss of human life or partial / full disablement shall be of required statutory value but not less than Rs. 2.0 lakh per death, Rs. 1.5 lakh per full disablement and Rs. 1.0 lakh per partial disablement and shall nevertheless cover such compensation as may be awarded by a Court of Law in India or abroad and cover for damage to others’ equipment / property as approved by the Employer.

43.11 Comprehensive Automobile Insurance This insurance shall be in such a form to protect the Contractor against all claims for

injuries, disability, disease and death to members of public including the Employer's personnel and damage to the property of others arising from the use of motor vehicles during on or off the `site' operations, irrespective of the ownership of such vehicles.

43.12 Comprehensive General Liability Insurance This insurance shall protect the Contractor against all claims arising from injuries,

disabilities, disease or death of members of public or damage to property of others due to any act or omission on the part of the Contractor, his agents, his employees, his representatives and sub-contractors or from riots, strikes and civil commotion.

43.13 While carrying out the work at site, appropriate Insurance Policy shall be taken by the

Contractor to cover damage, loss, injury, accidents to lives and properties of Contractor, Employer/ Third parties in the vicinity.

43.14 Notwithstanding all these Insurance Policies, the Contractor shall be solely liable and

responsible for any or all damages/losses /arising during the execution of the Contract and the Employer shall not be held responsible on any account whatsoever.

43.15 The provisions contained within this clause are not intended and do not impair or in any

manner limit the liabilities or obligations assumed by the Contractor as may be set forth elsewhere in this Contract.

43.16 In cases where the erection, modification etc., are to be carried out in the existing shop

of the Employer the ‘surrounding value’ shall be intimated by the Employer to the Contractor, who shall ensure that this value is included in the policy.




44. NEGLIGENCE 44.1 If the Contractor does not execute the Work in accordance with the time schedule

stipulated in the Tender document and shall neglect to execute the Work with due diligence or expedition or shall refuse or neglect to comply with any reasonable order given to the Contractor in writing by the Employer in connection with the Work or shall contravene the provisions of Contract, the Employer may give notice in writing to the Contractor to make good the failure, neglect or contravention complained of within such time as may be deemed reasonable by the Employer and in default of compliance with the said notice, the Employer without prejudice to its rights hereof, may rescind or cancel the Contract holding the Contractor fully liable for the damages that the Employer may sustain including all amounts paid to the Contractor by the Employer for all such parts of the Works which may become in fructuous due to such cancellation.

44.2 Should the Contractor fail to comply with such notice within the period as mentioned in

the notice or any other period considered reasonable by the Employer for such compliance, from the date of serving thereof, then and in such case, without prejudice to the Employer’s right hereof, the Employer shall have at its option the right to take the affected Work wholly or in part out of the Contractor’s hands and may complete the Work, as envisaged in the Contract either departmentally or by awarding fresh Contract(s) to any other person or firm or company to execute the same, at the risk and cost of the Contractor.

44.3 In such event the Employer shall, without being responsible to the Contractor for wear

and tear to the same, be entitled to seize and take possession and use all materials, construction equipment, tools, tackles and other things of the Contractor which may be at the site for use at any time in connection with the Facilities to the exclusion of any right of the Contractor over the same and the Employer shall be entitled to retain and apply any sum which may otherwise be then due as per the Contract or any other Contract from the Employer to the Contractor as may be necessary for the payment of the cost of execution of such Facilities as aforesaid.

44.4 If the cost of executing the Work as aforesaid shall exceed the sum due to the

Contractor and the Contractor fails to make good the deficit within the specified period, the Employer shall have the right to lien over the said materials, tools, tackles, construction plant or other things and properties of the Contractor as may not have been used up in the completion of the Work, and may be sold by the Employer after serving due notice to the Contractor and such proceeds applied towards the adjustment of such difference and the cost of incidentals to such sale. Any outstanding balance existing after crediting the proceeds of such sale shall be paid by the Contractor on the demand of the Employer, but when all expenses, cost and charges incurred in the completion of the Facilities are paid by the Contractor, all such materials, tools, tackles, construction plant or other things not used in the completion of the Facilities and remaining unsold shall be removed by the Contractor with the written permission of the Employer.




45.0 CHANGES IN LAW AND REGULATIONS

If, after Effective Date of Contract Agreement, any law, regulation, ordinance, order or by-law having the force of law is enacted, promulgated, abrogated or changed (which shall be deemed to include any change in interpretation or application by the competent authorities) that subsequently affects the costs and expenses of the Contractor, the Contract Price shall be correspondingly increased or decreased.

46.0 NOTICES

Unless otherwise stated in the Contract, all notices to be given under the Contract shall be in writing, and shall be sent by personal delivery, post, special courier, email to the address of the relevant party set out in the Special Conditions of Contract, with the following provisions.

46.1 Any notice sent by email shall be confirmed within two (2) days after dispatch by notice

sent by post or special courier, except as otherwise specified in the Contract. 46.2 Any notice sent by post or special courier shall be deemed (in the absence of evidence

of earlier receipt) to have been delivered ten (10) days after dispatch. In proving the fact of dispatch, it shall be sufficient to show that the envelope containing such notice was properly addressed, stamped and conveyed to the postal authorities or courier service for transmission by airmail or special courier.

46.3 Any notice delivered personally or sent by email shall be deemed to have been

delivered on date of its dispatch. 46.4 Either party may change its postal address or addressee for receipt of such notices by

ten (10) days’ notice to the other party in writing. 46.5 Notices shall be deemed to include any approvals, consents, instructions, orders and

certificates to be given under the Contract. 47.0 ARBITRATION / DISPUTES 47.1 THE GCC CLAUSE NO.59 IS NOT APPLICABLE FOR THIS TENDER/ CONTRACT. 48. JURISDICTION 48.1 The contracts / agreements are to be executed at Mangalore, the courts at Mangalore

will have jurisdiction on any disputes for adjudication arising out the contract/ agreement.




49. CHANGES IN THE FACILITIES 49.1 The Employer shall have the right to propose, and subsequently order the Contractor

from time to time during the performance of the Contract to make any change, modification, addition or deletion to, in or from the Work (hereinafter called “Change”), provided that such Change falls within the general scope of the Work and does not constitute unrelated work and that it is technically practicable, taking into account both the state of advancement of the Facilities and the technical compatibility of Change envisaged with the nature of the Work as specified in the Contract.

49.2 Change made necessary because of any default of the Contractor in the performance

of its obligations under the Contract shall not result in any adjustment of the Contract Price or the Time for Completion.

49.3 If the Employer proposes a Change it shall send to the Contractor a “Request for

Change Proposal,” requiring the Contractor to prepare and furnish to the Engineer as soon as reasonably practicable a “Change Proposal,” which shall include the following: (a) brief description of the Change

(b) effect on the Time for Completion

(c) estimated cost of the Change

(d) effect on Functional Guarantees (if any)

(e) effect on any other provisions of the Contract. The above stipulations are, however, without prejudice to the stipulations of the Tender Document, according to which the Works are to be executed based on Unit Rates quoted against respective items of the Bill of Quantities, wherein the quantities of the items are variable.

49.4 Upon receipt of the Change Proposal (any major change not within the general scope of facilities), the Employer and the Contractor shall mutually agree upon all matters therein contained. Within fourteen (14) days after such agreement, the Employer shall, if it intends to proceed with the Change, issue the Contractor with a Change Order with the approval of competent authority.

49.5 The pricing of any Change shall, as far as practicable, be calculated in accordance

with the rates and prices included in the Contract. 49.6 It is compulsory on the part of the contractor to execute any number of Items which are

not mentioned in the schedule of items but are necessary to execute in connection with the work.

In case it is found necessary to execute any item of work, which is not included in the schedule of items, the rates for such extra item shall be fixed as per clause no. 3.19 (Rate for Extra Items) of SCC.




49.7 If the Employer and the Contractor cannot reach agreement on the price for the Change, an equitable adjustment to the Time for Completion, or any other matters identified in the Change Proposal, the Employer may nevertheless instruct the Contractor to proceed with the Change by issue of a “Pending Agreement Change Order.”

49.8 Upon receipt of a Pending Agreement Change Order, the Contractor shall immediately

proceed with effecting the Changes covered by such Order. The parties shall thereafter attempt to reach agreement on the outstanding issues under the Change Proposal.

49.9 If the parties cannot reach agreement within one hundred & twenty (120) days from

the date of issue of the Pending Agreement Change Order, then the matter may be referred as per clause 47.2 herein above.

49.10 If the Employer decides not to proceed with the Change for whatever reason, it shall, within the said period of fourteen (14) days, notify the Contractor accordingly.

50. EXTENSION OF TIME FOR COMPLETION 50.1 The Time(s) for Completion specified in the SCC shall be extended by such period as

shall be fair and reasonable in all the circumstances if the Contractor is delayed or impeded in the performance of any of its obligations under the Contract by reason of any of the following:

a) any Change in the scope of work b) any occurrence of Force Majeure c) any suspension order given by the Employer

50.2 Except where otherwise specifically provided in the Contract, the Contractor shall

submit to the Engineer a notice of a claim for an extension of the Time for Completion, together with particulars of the event or circumstance justifying such extension as soon as reasonably practicable after the commencement of such event or circumstance. As soon as reasonably practicable after receipt of such notice and supporting particulars of the claim, the Employer and the Contractor shall agree upon the period of such extension. In the event that the Contractor does not accept the Employer’s estimate of a fair and reasonable time extension, the Contractor shall be entitled to refer the matter as per clause 47.2 herein above.

50.3 The Contractor shall at all times use its reasonable efforts to minimise any delay in the

performance of its obligations under the Contract.




51. SUSPENSION

a) The Employer may, by notice to the Contractor, order the Contractor to suspend performance of any or all of its obligations under the Contract. Such notice shall specify the obligation of which performance is to be suspended, the Effective Date of the suspension and the reasons thereof. The Contractor shall thereupon suspend performance of such obligation (except those obligations necessary for the care or preservation of the Facilities) until ordered in writing to resume such performance by the Engineer.

If, by virtue of a suspension order given by the Engineer, other than by reason of the Contractor’s default or breach of the Contract, the Contractor’s performance of any of its obligations is suspended for an aggregate period of more than ninety (90) days, then at any time thereafter and provided that at that time such performance is still suspended, the Contractor may give a notice to the Engineer requiring that the Employer shall, within thirty (30) days of receipt of the notice, order the resumption of such performance. If the Employer fails to do so within such period, the Contractor may, by a further notice to the Engineer, elect to treat the suspension as termination of the Contract under the provisions of ‘Termination for Employer’s Convenience’.

b) If the Contractor’s performance of its obligations is suspended pursuant to this

Clause hereof, then the time for completion shall be extended in accordance with provisions relating to extension of time for completion as per contract, and any and all additional costs or expenses incurred by the Contractor as a result of such suspension shall be paid by the Employer to the Contractor in addition to Contract Price on mutually agreed basis.

c) During the period of suspension, the Contractor shall not remove from Site any

plant & equipment, any part of the Facilities or any Contractor’s equipment, without the prior written consent of the Employer.

52. TERMINATION 52.1 Termination for Employer’s Convenience 52.1.1 The Employer may at any time terminate the Contract for any reason by giving the

Contractor a notice of termination that refers to this Sub-Clause of the Contract. 52.1.2 Upon receipt of the notice of termination, under this clause, the Contractor shall either

immediately or upon the date specified in the notice of termination.

a) cease all further work, except for such work as the Employer may specify in the notice of termination for the sole purpose of protecting that part of the Facilities already executed, or any work required to leave the Site in a clean and safe condition

b) terminate all subcontracts, except those to be assigned to the Employer

pursuant to paragraph (d) (ii) below




c) remove all Contractor’s Equipment from the Site, repatriate the Contractor’s and its Subcontractors’ personnel from the Site, remove from the Site any wreckage, rubbish and debris of any kind, and leave the whole of the Site in a clean and safe condition

d) In addition, the Contractor, subject to the payment specified in Clause 52.1.3

hereof, shall

(i) deliver to the Employer the parts of the facilities executed by the Contractor up to the date of termination.

(ii) to the extent legally possible, assign to the Employer all right, title and

benefit of the Contractor to the facilities and to the Plant and Equipment as at the date of termination, and, as may be required by the Employer, in any subcontracts concluded between the Contractor and its Subcontractors.

(iii) deliver to the Employer all drawings, specifications and other

documents prepared by the Contractor or its Subcontractors as at the date of termination in connection with the Facilities.

52.1.3 In the event of the termination of the Contract for Employer’s convenience, the

Employer shall pay to the Contractor the Price, the properly attributable to the parts of the Facilities executed by the Contractor as of the date of termination. However, no consequential damages shall be payable by the Employer to the Contractor in the event of termination.

52.2 Termination for Contractor’s Default 52.2.1 The Employer, without prejudice to any other rights or remedies it may possess, may

terminate the Contract forthwith in the following circumstances by giving a notice of termination and its reasons thereof to the Contractor, referring to ‘Termination for Contractor’s Default’ hereof.

a) if the Contractor becomes bankrupt or insolvent, has a receiving order issued

against it, compounds with its creditors, or, if the Contractor is a corporation, a resolution is passed or order is made for its winding up (other than a voluntary liquidation for the purposes of amalgamation or reconstruction), a receiver is appointed over any part of its undertaking or assets, or if the Contractor takes or suffers any other analogous action in consequence of debt.

b) if the Contractor assigns or transfers the Contract or any right or interest therein

in violation of the provision of ‘Assignment’/ ‘Subletting’ as per the Contract.




52.2.2 If the Contractor a) has abandoned or repudiated the Contract b) has without valid reason failed to commence work on the Facilities promptly or

has suspended the progress of Contract performance for more than twenty-eight (28) days after receiving a written instruction from the Employer to proceed

c) persistently fails to execute the Contract in accordance with the Contract or

persistently neglects to carry out its obligations under the Contract without just cause

d) refuses or is unable to provide sufficient materials, services or labour (adequate

resources) to execute and complete the Facilities in the manner specified by EMPLOYER.

Then the Employer may, without prejudice to any other rights it may possess under the Contract, give a notice to the Contractor stating the nature of the default and requiring the Contractor to remedy the same. If the Contractor fails to remedy or to take steps to remedy the same within fourteen (14) days of its receipt of such notice, then the Employer may terminate the Contract forthwith by giving a notice of termination to the Contractor.

52.2.3 Upon receipt of the notice of termination under Clauses 52.2.1 and 52.2.2 hereof, the Contractor shall, either immediately or upon such date as is specified in the notice of termination,

a) cease all further work, except for such work as the Employer may specify in the notice of termination for the sole purpose of protecting that part of the Facilities already executed, or any work required to leave the Site in a clean & safe condition

b) terminate all subcontracts, except those to be assigned to the Employer pursuant to paragraph (d) below

c) deliver to the Employer the parts of the Facilities executed by the Contractor up to the date of termination

d) to the extent legally possible, assign to the Employer all right, title and benefit

of the Contractor to the Facilities and to the Plant and Equipment as at the date of termination, and, as may be required by the Employer, in any subcontracts concluded between the Contractor and its Subcontractors.

e) deliver to the Employer all drawings, specifications and other documents

prepared by the Contractor or its Subcontractors as at the date of termination in connection with the Facilities.




52.2.4 The Employer may enter upon the Site, expel the Contractor, and complete the Facilities itself or by employing any third party at the risk and cost of the Contractor. The Employer may, to the exclusion of any right of the Contractor over the same, take over and use any Contractor’s Equipment owned by the Contractor and on the Site in connection with the Facilities for such reasonable period as the Employer considers expedient for the supply and installation of the Facilities.

Upon completion of the Work or at such earlier date as the Employer considers appropriate, the Employer shall give notice to the Contractor that such Contractor’s Equipment will be returned to the Contractor at or near the Site and shall return such Contractor’s Equipment to the Contractor in accordance with such notice. The Contractor shall thereafter without delay and at its cost remove or arrange removal of the same from the Site.

52.2.5 Subject to Clause 52.2.6, the Contractor shall be entitled to be paid the Price attributable to the Part of Work executed as at the date of termination, and the costs, if any, incurred in protecting the Work and in leaving the Site in a clean and safe condition. Any sums due to the Employer from the Contractor accruing prior to the date of termination shall be deducted from the amount to be paid to the Contractor under this Contract.

52.2.6 If the Employer completes the Work the cost of completing the Work by the Employer

shall be determined.

If the sum that the Contractor is entitled to be paid, the reasonable costs incurred by the Employer in completing the Work, exceeds the Contract Price, the Contractor shall be liable for such excess.

If such excess is greater than the sums due to the Contractor under clause 52.2.5 hereof, the Contractor shall pay the balance to the Employer, and if such excess is less than the sums due the Contractor under Clause 52.2.5 hereof, the Employer shall pay the balance to the Contractor. The Employer and the Contractor shall agree, in writing, on the computation described above and the manner in which any sums shall be paid.

52.3 In this Clause 52.0, the expression “Facilities executed” shall include all work executed, Installation Services provided, and all Plant & Equipment, Structures and Refractories, acquired (or subject to a legally binding obligation to purchase) by the Contractor and used or intended to be used for the purpose of the Facilities, up to and including the date of termination.

52.4 In this Clause 52.0, in calculating any money due from the Employer to the Contractor,

account shall be taken of any sum previously paid by the Employer to the Contractor under the Contract, including any advance payment paid pursuant to ‘Terms of Payment’ as per the contract.




53. ASSIGNMENT

53.1 The contractor shall not assign his rights and obligations under the terms of this contract either in whole or part to any third party other than its legal successor without the written consent of the Employer. However, all necessary information and documents shall be furnished by the Contractor in advance to the satisfaction of the Employer, in case the contractor assigns his any and / or all his rights and obligations as defined and declared in this contract to its legal successors. In the event of failure of the Contractor to discharge its responsibility under this clause, the Employer may at his discretion, without prejudice to his other rights under the contract, terminate the contract as per stipulations of this contract.

53.2 Should loan / financial agreement(s) require the Contractor to assign, by way of

charge, any money due or to become due to it, to a bank / credit agency for the benefit of receiving payment by the Contractor under this Contract from such bank / credit agency, or if any partial assignment is necessary to be made to any insurer in terms of Insurance Policy approved by the Employer, the Employer may give consent in such cases.

54. SURPLUS MATERIALS For the purpose of removing surplus materials in its original form only, the Contractor

shall submit the documents / records evidencing the entry of materials inside the Plant by producing the Gate Entry Permits and RRs or LRs and consumption statements based on approved drawings after allowing for wastages, maximum 8% cutting allowance, and irrecoverable / unaccountable losses (wastages including loss factors being minimum 2% on Steel and reinforcement rods, minimum 5% on cement and minimum 3% on cables, pipes etc.) to establish the surplus quantity of the materials belonging to the Contractor. The Employer shall allow the Contractor to remove such materials from the Employer’s premises after being satisfied regarding the evidence produced for such removal. Such removal shall only be permitted after completion of the entire work.

55. APPROVAL/ REVIEW

55.1 Without prejudice to Employer’s other rights and remedies stipulated under the Contract,

the Contractor’s following works shall be subject to approval by the Employer / Consultant.

(i) The men, material and machinery proposed to be mobilised by the Contractor. (ii) All changes from the agreed specifications/ drawings. (iii) Design, type, quality, quantity, materials and workmanship of any or all items of

supplies, work and services under Contractor’s scope to ensure that supplies,




work and services made/executed/ performed by the Contractor are in accordance with the provisions of this Contract.

(iv) Where approval of the Employer is necessary or implied but is not specifically

provided for elsewhere in this Contract. 55.2 No certificate other than the Final Acceptance Certificate referred to under “Defect

Liability Period" hereof shall be deemed to constitute approval of any works other than matter in respect of which it is issued or shall be taken as admission of the due performance of the Contract or any part thereof, the accuracy of any claim or demand made by the Contractor or of additional or varied work having been ordered by the Employer nor shall any other certificate conclude or prejudice any of the powers of the Employer.

55.3 Notwithstanding with any approval or acceptance which the Employer may grant to the

Contractor under the Contract, the Contractor shall be solely and wholly responsible and liable for the execution and performance in terms of the Contract and the Employer reserves the right to reject, any of works/material performed and/or supplied by the Contractor under the Contract.

The approval by the Employer/ Consultant at any stage for any services of the Contractor

provided under the Contract shall not relieve the Contractor of his obligations as stipulated herein above Approval/ Review of Technical Documents by Engineer/ Consultant.

55.4 The Contractor shall prepare (or cause its Subcontractors to prepare) and furnish to

the Engineer / Consultant 10 (ten) copies of the drawings / documents for approval or review in accordance with the requirements of Work.

55.5 Any part of the Facilities covered by or related to the drawings / documents to be

approved by the Engineer / Consultant shall be executed only after the Engineer / Consultant’s approval thereof.

55.6 To enable the Employer to accord approval and to review documents the contractor

shall submit back-up data / drawings / basic calculations / assumptions as may be required by the Employer/ Consultant.

55.7 Within fourteen (14) days after receipt by the Engineer / Consultant of any drawings /

document requiring the Engineer / Consultant’s approval, the Engineer / Consultant shall either return one copy thereof to the Contractor with its approval endorsed thereon or shall notify the Contractor in writing of its disapproval and the reasons thereof and the modifications that the Engineer / Consultant proposes.

55.8 The Engineer / Consultant shall not disapprove any document, except on the grounds

that the document does not comply with some specified provision of the Contract or that it is contrary to good engineering practice.

55.9 If the Engineer / Consultant disapproves the drawing / document, the Contractor shall

modify the drawing / document and resubmit it for the Engineer / Consultant’s approval. If the Engineer / Consultant approves the drawing / document subject to




modification(s), the Contractor shall make the required modification(s), whereupon the document shall be deemed to have been approved.

55.10 The Engineer / Consultant’s approval, with or without modification of the document

furnished by the Contractor, shall not relieve the Contractor of any responsibility or liability imposed upon it by any provisions of the Contract.

55.11 The Contractor shall not depart from any approved drawing / document unless the

Contractor has first submitted to the Engineer / Consultant an amended drawing / document and obtained the Engineer / Consultant’s approval thereof.

55.12 Errors and Omissions

(i) Notwithstanding with any approval or acceptance which the Employer/Consultant may grant to Contractor, the Contractor shall be solely responsible for any discrepancies, errors or omissions in the specifications, drawings and other technical documents that it has prepared in terms of the Contract.

(ii) The Contractor shall, within the Contract Price, take all corrective measures arising

out of discrepancies, errors and omissions in drawings and other documents/information within the specified time schedule.

(iii) The Contractor shall also be responsible for any delay and/or extra cost, if any, in

carrying out engineering and site works by other agencies arising out of discrepancies, errors and omissions stated above as well as of any late revision/s of drawings and information submitted by the Contractor.

55.13 Standards and Codes

a. The Contractor shall execute the work in compliance with the provisions of the Contract and Contract Technical Specification and/or design drawings furnished by the Employer in terms of the Contract and as per codes and standards specified therein. Wherever such references are made to codes and standards in accordance with which the Contract is to be executed, the latest edition or the revised version of such codes and standards current at the date of execution of work shall apply unless otherwise specified. Where no specification or code or standard is specified, work is to be executed in accordance with latest appropriate Indian Standards and Codes. During Contract execution, any changes in such codes and standards shall be applied after approval by the Engineer / Consultant.

b. Unless specifically mentioned otherwise elsewhere, the above stipulations shall

govern the design, the workmanship, the quality/properties of the materials, the method of field and laboratory testing, the method of measurement for different items of Works etc.




56. TESTING

All Raw Materials used for the scope of the work as desired by the employer e.g. Bricks, Coarse Aggregates, Fine Aggregates, Concrete cubes etc have to be Tested and test result submitted to EMPLOYER before use. Tests for equipment and material shall be conducted to the satisfaction of the EMPLOYER as per standard testing procedures of relevant disciplines/codes. Frequency and necessity of the Tests will be guided by B.I.S. and cost to be borne by Contractor. Structural Load Test: The Contractor shall carry out structural load test on any part of the building / structure at its own cost if such structural load test is warranted due to unsatisfactory test results of concrete cubes and if so directed by the Employer. However, the tests, if required will be as specified in Contract Technical specification / GTS.

57. MODE OF MEASUREMENT

Measurement of Work for all work shall be done in accordance with the relevant IS code & other engineering Standards, unless otherwise stated in the Contract.

58. LIQUIDATED DAMAGES 58.1 For Delay in completion:

Time is an important factor of the contract. It shall be the responsibility of the Contractor to complete the work within the stipulated period of completion including the authorized extensions, if any, granted by the EMPLOYER/ CONSULTANT.

58.1.1 In case the CONTRACTOR fails to complete the work successfully within the period of completion including the extended time as stipulated above, he shall be liable to pay to the EMPLOYER, as liquidated damages and not as a penalty, a sum at the rate of 0.25% (point two five percent) of the total contract value of the work (as awarded) for every week or part thereof which shall be elapsed between the scheduled time of completion of work (including the authorized extended time, if any) and the actual date of completion of work. PROVIDED always that the total amount of such liquidated damages for delay to be paid under this condition shall not exceed 10% (ten percent) of the total contract value, as awarded. The Contract or from any other between the CONTRACTOR and the EMPLOYER, the deductions of such damages shall not relieve the CONTRACTOR to complete the works and demonstrate the performance or of any of his other obligations and liabilities under the contract. Liquidated damages in the form of Encashment of Bank Guarantee or any other way recovered from the contractor is liable to GST at the applicable rate. Contractor shall pay GST in addition to the LD charged as per this clause.




58.1.2 In addition to the above, the EMPLOYER shall be free to cancel the contract or a portion thereof and get the same executed through any other agency or agencies at the risk and cost of the CONTRACTOR. In the event of such action is taken, the CONTRACTOR shall be liable to pay for any loss which the EMPLOYER may sustain but he will not be entitled to any gain made by the EMPLOYER on the account of such default of the CONTRACTOR. The manner and method of taking such action shall be at the entire discretion of the EMPLOYER/ CONSULTANT whose decision in the matter shall be final and binding. This right shall be without breach/prejudice to the other rights of the EMPLOYER to recover damages for any other breaches of contract by the CONTRACTOR.

58.1.3 Incentive for Early Completion

If the Contractor attains Completion of the Facilities before the stipulated date of Completion Time or any extended date of completion Time (Due to fault of Employer), the Employer shall pay to the Contractor a bonus at the rate of @ 0.25% (Zero point two five percent) of the Contract Price, excluding taxes and duties for each week of such early completion subject to a maximum of 10% (ten percent) of the awarded contract value, excluding taxes and duties. The amount of bonus, if payable, shall be paid along with the final bill after completion of total work.

59. INSPECTION, TESTING & TAKING OVER

59.1 Inspection & Testing Within the specified Contract price, the Contractor shall institute

a quality assurance system to demonstrate compliance with the requirements of the Contract. The system shall cover all such Inspections/Tests and Quality Control checks and measures at appropriate stages of execution of Contract, as specified in Contract Technical Specifications and/or under the Contract and/or any document referred to therein. The Engineer shall be entitled to audit any aspect of the system. Details of all procedures and compliance documents shall be submitted to the Engineer for information before each execution stage is commenced. When any document of a technical nature is issued to the Engineer, evidence of the prior approval by the Contractor himself shall be apparent on the document itself. Compliance with the quality assurance system shall not relieve the Contractor of any of his duties, obligations or responsibilities under the Contract. a) EMPLOYER or its duly authorised representative shall have at all reasonable

times access to the Contractor’s premises or Works, sites and shall have the power at all reasonable times to examine, inspect and call for Tests of the materials and workmanship during the execution, manufacture and assembly in the Contractor’s premises or works, site. The Cost of all the above said Tests and any other Tests shall be borne by the Contractor.




b) The Contractor on being requested by EMPLOYER or its duly authorised representatives shall present sufficient documentary evidence that the materials used for the Works will meet the specification requirements. With respect to materials used for the Works, the Contractor shall produce requisite Test certification as specified in the Contract along with specimen and Test pieces on which Tests were carried out by the manufacturer at the time of examination. With respect to different execution materials the Contractor shall arrange for necessary Tests to be carried out at his own Cost. Such Test shall be carried out free of Cost to the Employer and should the Contractor himself be not in a position to carry out the Test, he shall arrange to get these Tests done by Government approved Test house and the Cost for such Tests shall be to Contractor’s account.

c) EMPLOYER or its duly authorised representatives shall have the right to be present at all Tests carried out and arranged by the Contractor, if called for; samples and specimens shall become the EMPLOYER property.

d) The Contractor shall in writing notify the Engineer in an appropriate manner as to the progress of the Contract particularly before any assembly in order that the inspections or Tests can be carried out as may be required to ascertain without in any way affecting the Contractor’s liability whether the materials and or services are in conformity with the requirement of the Contract.

e) No Structure/ material shall be despatched without inspection as per approved

quality assurance plan (QAP) unless waived by the Employer. Inspection may be carried out by Employer’s authorised representative/third party agency (to be appointed by Employer). At least fifteen (15) days prior notice shall be given by the Contractor for carrying out inspection at manufacturer’s / supplier’s premises. All costs / expenses incurred in carrying out inspection and tests at manufacturer’s / supplier’s premises shall be borne and paid by the Contractor. All inspection facilities, gadgets, instruments, testing equipment, utilities and man-power, etc. for carrying out inspection at manufacturer’s/supplier’s premises shall be provided by the Contractor at no extra cost to the Employer. Employer shall bear only the cost of his personnel / representative towards traveling, lodging & boarding.

f) The Contractor shall give reasonable notice in writing together with his own

inspection report as may be acceptable to the Engineer but not less than fifteen (15) days in advance of any material being ready for Testing or inspection specifying the period likely to be required for such Testing and the Engineer or his authorised representative shall (unless despatch clearance is given), on giving 24 hours previous notice in writing to the Contractor to attend at the Contractor’s or sub-Contractor’s works as the case may be attend the witness the Testing as soon as possible from the date on which the materials are notified as being ready for Testing or inspection, failing which visit the Contractor shall proceed with the Tests and shall forthwith forward to the Engineer duly certified copies of the reports.




g) In all cases, where examination, inspection and Testing are to be carried out whether at the premises of Contractor or sub-Contractor, the Contractor except where otherwise specified shall provide, free of charges to the Engineer, such Labour, materials, electricity, fuel, water, stores, apparatus and instruments as may be reasonably required to carry out efficiently such Tests of the plant, in accordance with the Contract and shall give facilities to the Engineer or his authorised representative to accomplish witness such Testing.

h) When the Tests have been satisfactorily completed at the Contractor’s or sub-Contractor’s works, the Engineer shall forth with issue a Certificate to that effect. If a final Certificate can not be issued, a preliminary or Provisional Certificate shall be issued. If the Tests were not witnessed by the Engineer or his representative, the Certificate shall be issued on receipt and scrutiny of the Test report from the Contractor but not later than fifteen (15) days after the receipt of the Test report by the Engineer. No structure/ plant/ facility shall be assembled or painted with prime coat or dispatched before such Certificates have been issued. The satisfactory completion of these Tests or the issue of the Certificates shall not bind the Engineer to accept the plant should it on further Tests, after erection be found not to comply with the Contract.

i) COMPLETION CERTIFICATE

Within fifteen (15) days of the completion of the Works and fulfilment of Contractor’s all obligations (except as stipulated under “Defect Liability Period”), the Contractor shall give notice of completion of Works to the Employer. 1. Upon receipt of such notice of completion of Works the Employer shall carry

out all such inspections/checks/tests that are necessary to satisfy him,

(i) that the executed ‘Works’ is in conformity with the Contract Technical Specifications, design / drawings / sketches and modification(s) issued thereof, if any and as per written instructions issued to the Contractor from time to time during execution of works, and

(ii) that all the materials used and/or incorporated in the Works meets the

stipulated quality requirements and are in accordance with the Contract and / or the documents referred to therein, and

(iii) that the Contractor has fulfilled all his obligations under the Contract, except

obligations stipulated under “Defect Liability Period”, in respect of such notified completed works.

2. Without prejudice to Employer’s other rights under the Contract, Completion

Certificate in respect of Works under the Contract shall be issued by the Employer, if satisfied about its completion in terms of the Contract,




3. At the option of the Employer, a certificate with respect to any part of Works may be issued if that part of the Works is taken in possession or used by the Employer in accordance with provisions of the Contract prior to completion of whole Works. When such certificate is issued, such part of Works shall be considered as completed and Defect Liability Period for such part shall commence from the date of Completion mentioned in such provisional Completion Certificate, provided that issue of such a certificate shall not be deemed to certify completion of any work or part thereof which requires repair / replacement.

4. No completion certificate shall be issued nor shall the work be considered to

be complete until the Contractor has cleaned/cleared the site as per provisions of the Contract in respect of such completed Works or part thereof.

5. All guarantees and test certificates obtained by the Contractor and his sub-

contractors from the manufacturers or specialist agencies in respect of materials used and works executed during execution of works shall be handed over and transferred to the Employer by the Contractor prior to issuance of completion certificate by the Employer.

59.2 Taking Over

Taking over will be effective from the issue of Completion certificate. However, taking over in no way relieves the Contractor of his obligations under the contract.

60. FINAL ACCEPTANCE 60.1 At any time after the issue of Completion certificate and completion of Defect liability

period, have occurred, the Contractor may give a notice to the Engineer requesting for the issue of Final Acceptance Certificate (FAC) in respect of the Facilities specified in such notice as at the date of such notice.

60.2 The Engineer shall, after consultation with the Employer and within seven (7) days

after receipt of the Contractor’s notice, issue a Final Acceptance Certificate.

61. GUARANTEE/ WARRANTY

The Contractor shall guarantee the Works (including bought-outs) for a defect liability period of 12 months from the date of Completion certificate against inadequacy in design, if design is by Contractor, defective materials, and error in detailing work, faulty workmanship etc. In the event of any inadequacy, defect, error, fault occurring during the Guarantee Period, it shall be the responsibility of the Contractor to rectify the same with no extra Cost to the Employer.

The Defect Liability Period of 12 months shall stand extended by the period during which the plant/work is not capable of being operated/used as a result of such repair/replacement. Further, the repaired/new components shall also be guaranteed for 12 months from the date of Final Acceptance of the component/work.




62. REJECTION 62.1 Notwithstanding with any approval/acceptance which the Employer may grant to the

Contractor, in respect of any of Contractor’s works or any part thereof including materials under the scope or any other services for its quality & quality adequacy and workmanship which the Contractor has discharged or provided in terms of the Contract, the Contractor shall not be relieved in any way of any of his contractual obligations and/or responsibilities to execute and complete the works in conformance to the Contract.

62.2 If the Contract work or any portion thereof, before it is accepted or taken over by the

Employer, is found to be defective or not being in conformity with Contract/technical specifications or fails to fulfil the requirements of the Contract, the Employer shall give the Contractor notice setting forth particulars of such defects or failure and the Contractor shall forthwith make good the defects or alter the same to make it comply with the requirements of the Contract. Should he fail to do so within a reasonable time, the Employer may reject and replace at the risk and cost of the Contractor, the whole or any portion of the work as the case may be, which is defective or not in conformity with Contract / technical specifications or fails to fulfil the requirements of the Contract. However, such rejection/ replacement by the Employer shall not absolve the Contractor of his responsibilities under this Contract.

62.3 If the erected, supplied Equipment, materials or completed work fail to meet the

specified Tests standards or are found to be defective or otherwise fail to fulfil the terms of the Contract, the Employer shall give written notice to the Contractor setting forth the particulars of such defects or failures. The Contractor shall immediately rectify/repair such defects/failures or after the rejected Items to bring them into compliance with the Contractual terms and specification.

62.4 Should the Contractor fail to do so within the time stipulated by the Employer, the

Employer may reject the same and place order at the Contractor’s sole risk, cost and responsibility the whole or any portion of the erected / supplied plant, equipment, materials and completed works.

62.5 The Contractor’s liability under this clause shall be satisfied by repayment to the

Employer of all moneys previously paid by the Employer to the Contractor and also by paying to the Employer the ascertained difference, if any, between the replacement Cost of the rectified Items (including the Cost of dismantling and removal of the rejected Items and the erection and commissioning of the replacement Items) and the Contract Price of the rejected Items.

62.6 In the event of such rejection the Employer shall be entitled to use the rejected Items

in a reasonable and proper manner for a time reasonably sufficient to enable the Employer to obtain the replacement Items. Thereafter, the Contractor shall at his own expense immediately remove the rejected Items from the Employer’s premises after making necessary payments to the Employer as stipulated above.




62.7 Removal of Improper work and materials The Engineer shall during the progress of the work have power to order in writing from time to time.

(a) The removal from the site within such time or times as may be specified in the

order, of any materials which in the opinion of the Engineer are not in accordance with the Contract.

(b) The substitution of proper and suitable materials and, (c) The removal and proper re-execution (notwithstanding any previous test

thereof or interim payment therefore) or any work which in respect of materials or workmanship is not in the opinion of the Engineer in accordance with the Contract.

62.8 The Contractor shall furnish all the test certificates/results in respect of materials and

Works conducted in accordance with provisions of the Contract for the necessary approval of the Employer and or its authorised representative.

62.9 Notwithstanding with any approval or acceptance which the Employer may grant to the

Contractor in respect of any of his and/or his sub-contractor’s materials / works executed, the Contractor shall not be absolved of any of his contractual obligations and responsibilities under the Contract and the Employer reserves the right to reject any of the material/works as stipulated under the Contract.

62.10 The Contractor shall not be entitled to any extension of time or extra cost for fulfilling his

obligations stipulated herein above. 63. PROTECTION WORK / DIVERSION WORKS 63.1 The Contractor shall be responsible for relocation and realigning of the facilities which

are a part of the existing installations but which come in the way of the proposed construction even if the same are not mentioned in the specification at his own Cost. Prior permission in writing shall be taken from the Employer before actually starting such work. Time period for such work shall be assessed properly & to be discussed with the Employer before commencement to ensure that operation of other units is not adversely affected.

63.2 The Contractor shall carry out the work in such a way that it does not affect the

operation and maintenance of the existing facilities at site as far as possible. 63.3 Necessary arrangements to safeguard the existing man, materials, Equipment,

structures and to enable operation of the existing Equipment during construction shall be the responsibilities of the Contractor.

63.4 During erection work, the Contractor at his own Cost shall replace any damage or loss

to the existing plant and Equipment due to negligence/unsuitable treatment and handling in a reasonable time to be specified by the Employer.




63.5 The Contractor shall take all precautions during execution, especially excavation, to avoid interference with or damage to underground work, such as cables, drains, etc. whether shown/mentioned in the drawings and documents or not. He shall provide all possible protection to these works and in case they are damaged, rebuild at his own Cost.

63.6 It is the responsibility of the Contractor to make detail studies before preparing the

protection, stabilization of the existing structures/process lines etc. 64. HOUSE KEEPING

Contractor shall be responsible for regular removal and cleaning of spillages/fallouts etc., if any, from the roads, operational areas etc. within his battery limits consequent to and arising out of contract Work and maintain ground level, slopes, drainages etc. in and around the dumps and operational areas throughout the operation Period of the Contract by removing and disposing spillages/accumulation as may be necessary and/or directed by the Employer at their Own Cost & arrangement, to dumping sites for refuse etc. Contractor will have to make and maintain new approach roads etc. as may be deemed necessary for proper execution of the Work at their Own Cost but with permission of/intimation to the executing deptt. Employer shall supply no earth moving facility like dozer etc. for this purpose and contractor will have to arrange for the same at their own Cost.

65. HANDING OVER SITE

On completion of the work, all rubbish, debris, temporary supports, enabling structures etc. shall be removed from the site and the site (Including the storage site) shall be handed over to the Employer in a tidy manner. All usable bricks will be stacked and removed to a place as shown by the Engineer. Brick bats will also be stored at a place near the pits. All scrap, slag rubbish & muck etc. shall be dumped suitably at a specified place by truck to a dumping yard as directed by the Employer. The successful Tenderer should cleanup the site within a reasonable period of completion of Erection.

66.0 SUB CONTRACTING 66.1 The Contractor shall not sub-contract the Contract Work in whole or part thereof to third

parties for the performance of this Contract without written consent of the Employer / Consultant.

66.2 Selection of any sub-contractor/sub-supplier by the Contractor, in respect of discharge of his contractual responsibilities and obligations shall be subject to prior approval of the Employer. However, the Contractor shall alone be responsible and liable for discharge of his obligations and responsibilities including that of his sub-contractor(s) and sub-supplier(s) in terms of the Contract.

The Contractor shall remain solely liable for any action, deficiency, and/or negligence

on the part of his sub-contractors, his agent, and his workmen as fully as if they were the acts, defaults or neglects of the Contractor.




66.3 The Contractor and/or his sub-contractor/sub-suppliers shall be under contractual obligations to submit any such information/document including but not limited to inspection / Test reports of materials to be incorporated and / or incorporated in the works, to the Employer for his approval/review/perusal, which the Employer may consider it deemed necessary in respect of discharge of contractual obligations/responsibilities by the Contractor and/or his sub-contractor/sub-supplier.

66.4 The Contractor shall submit un-priced copies of purchase orders / work orders with

technical specifications included in all orders placed on sub-contractors, if requested by the Employer.

66.5 In the event certain obligations extended by a sub-contractor to the Contractor should

extend beyond the guarantee period specified in the Contract, the Employer shall automatically be entitled to the benefit thereof.

66.6 In no event shall the Employer be deemed to have any contractual obligations

whatsoever in respect of Contractor’s/ sub-contractors and/or title-holders of any sub-orders placed by him.

67.0 MISUSE OF THE WORKS The Contractor shall ensure that the works or any portion of the work completed or

partially completed are not misused by him or his sub-contractors or their employees, workmen, agents, servants etc. leading to deterioration / temporary deterioration of the work.

The Contractor may however be permitted by the Employer to use the work or a portion

of the work completed or partially completed for such purposes as may be approved by the Employer.

68.0 GENERAL 68.1 Contractor shall establish all reference survey pillars required for the job and shall

maintain the same till the Completion of the entire job. 68.2 Contractor staff and Workers shall be authorised by the Employer to enter the site as

required through specified gates only for their Work in connection with Contract. Necessary passes as required will be issued to the bona fide staff and Workers on Completion of formalities as per the Rules of the Employer in force. Particulars of the employees shall have to be furnished in advance to the Employer as directed. The Cost of necessary formalities to be done and photograph etc. required for issue of gate passes shall be Contractor’s responsibility at Contractor’s Own Cost.

68.3 The Construction machinery/Equipment etc. and other vehicles belonging to and used

for the execution of the Contract or for other purposes shall have to follow routes inside Works and Entry/Exit through Works Gates etc. as per rules in force at the site. Authorization for such plying and/or Gate Passes as may be necessary shall be arranged for by Executing Deptt., in collaboration with other concerned Departments of the Employer.




68.4 In bringing the materials belonging to Contractor for such construction all gate pass formalities as required must be followed so that clear ownership can the established by Contractor if and when taking out the salvaged materials after final site Clearance, dismantling of such structures etc. Failure to establish clear ownership status may lead to withholding of permission to take out the salvaged materials and their forfeiture by Employer. Contractor shall have to dismantle, at Contractor Own Cost, such site office, stores etc. constructed by Contractor, on expiry of the Contract and/or as may be directed by Employer for any other reason. In case of failure to comply, the Employer reserves the right to get the dismantling done by its agencies and realize the Cost from Contractor’s dues.

68.5 Any materials brought to site and rejected by KIOCL / MECON shall be removed from

the site by the contractor immediately at their own expense. 68.6 The contractor shall work in close coordination with other agencies working at site and

shall not cause any hindrance in their work. 68.7 The Contractor shall at his own cost properly store all materials brought by him to the

work site to prevent damage due to rain, wind, direct exposure to sun etc., and also from theft, pilferage etc. The Contractor shall maintain stocks of all materials required by him for proper & speedy execution of work for at least three months’ normal consumption.

68.8 The Contractor is solely responsible for any loss or damage during transit to material and others as applicable and proper precautions shall be taken to guard against such mishaps.

68.9 The contractor shall follow all safety norms throughout the period of work. Provisions of Bureau of Indian Standards and other sound engineering practice shall be followed for the same. The contractor shall also abide by the safety regulations of the owner and other directives given by the engineer from time to time. The contractor has to depute a qualified safety engineer. Many times it may so happen that the working hours might be drastically reduced or increased to meet certain safety requirements and the contractor shall be bound to meet these requirements without any arguments for time and financial implications. Safety measures/precautions to be taken during excavation work indicated in TS under chapter 8 may be referred.

68.10 The contractor shall take all precautions for rains; storms etc. and no liability shall rest with KIOCL / MECON for any loss on cost of rectification etc. due to these factors.




Annexure-I

FORM OF BANK GUARANTEE FOR PERFORMANCE SECURITY

In consideration of KIOCL Limited (hereinafter called Company) having agreed to exempt........(hereinafter called the said Supplier (s) / Contractor(s)) from demand under the terms and conditions of Purchase Order No...................... Dated............... made between .................... And .................. for ............. (hereinafter referred to as „contract‟) of security deposit for the due fulfillment by the said suppliers(s) / Contractor (s) of the terms and conditions contained in the said contract on production of a Bank Guarantee for Rs......... (Rupees..........................only).

1. We,.............................. (hereinafter referred as "the Bank") at the request of Supplier,

(s) Contractor (s) do hereby guarantee the payment to the Company an amount not exceeding Rs.............. (Rupees............only) and interest thereon at 15.5 percent per annum from the date of demand till payment against any loss or damage caused to or suffered or would be caused to or suffered by the Company by reason of any breach by the said Supplier(s)/ Contractor(s) of any of the terms and conditions contained in the said Contract.

2. We .............. do hereby unconditionally and irrevocably undertake to pay to the

Company an amount to the extent of Rs. .................. (Rupees ............only) and interest thereon at 15.5 percent per annum from the date of demand till payment without any demur, merely on a demand from the Company stating that the amount claimed is due by way of loss or damage caused to or suffered or would be caused to or suffered by the Company by reason of breach by the said Supplier(s) / Contractor(s) of any of the terms and conditions contained in the said Contract or by reason of the Supplier(s)/ Contractor(s) failure to perform the said contract. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs...................... (Rupees.................................................................only) and interest thereon as mentioned above from the date of demand till payment.

3. Our liability under these presents is absolute and unequivocal and we undertake to pay

to the Company the amount so demanded notwithstanding the Supplier(s)/Contractor(s) raising any dispute and / or disputes or filing any suit or proceeding before any Court or tribunal or other Authority. The payment so made by us under this Guarantee shall be a valid discharge of our liability for payment there under and the Contractor(s) Supplier(s) shall have no claim against us for making such payment.

4. We.............................further agree that the guarantee herein contained shall remain

in full force and effect during the period that would be taken for the performance of the contract and that it shall continue to be enforceable till all the dues of the Company under or by virtue of the said contract have been fully paid and its claims satisfied or discharged or till the Company certifies that the terms and conditions of the said contract have been fully and properly carried out by the said Supplier(s) / Contractor(s) and accordingly discharges this Guarantee. Unless a demand or claim under this Guarantee is made on us in writing on or before..........................., we shall be discharged from all liability under this Guarantee thereafter.




5. This Guarantee shall not be revocable by us except with the written consent of the Company and shall continue to be enforceable till.........................should it be necessary to extend Guarantee beyond the said date, we undertake to extend the validity of this Guarantee for such further period as may be required by the Company, and such extension shall be given one month before the expiry of this Guarantee filing which the amount covered under this Guarantee shall become forthwith payable, notwithstanding that the Contract is continuing and /or the Company has or has not terminated the Contract or preferred any claim against the Supplier (s) Contractor(s).

6. We................................. further agree with the Company that the Company shall have

the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the Contract or to extend time or performance by the said Supplier(s)/ Contractor(s) from time to time or to postpone for any time or from time to time in exercise of any of the powers exercisable by the Company against the said Supplier(s) Contractor(s) and to forbear or enforce any of the terms and conditions

relating to the Contract and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Supplier(s)/Contractor(s) or for any forbearance, act or omission on the part of the Company or any indulgence by the Company to the said Supplier(s)/Contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties, but for this provision, have effect of so relieving us.

7. This Guarantee shall not in any way be affected due to change in our constitution or by

your taking or varying or giving up any securities from the CONTRACTOR(S)/ SUPPLIERS or any other person, firm or Company on its behalf or by the change in the constitution, winding up dissolution, insolvency or death as the case may be of the CONTRACTOR(S)/SUPPLIER(S).

8. In order to give full effect to the Guarantee herein contained you shall be entitled to

act as if we were your principal debtors in respect of all your claims against the CONTRACTOR(S)/ SUPPLIER(S) hereby Guaranteed by us as aforesaid and we hereby expressly waive all our rights of suretyship and other rights if any which are in any way inconsistent with the above or any other provisions of this Guarantee.

9. We............................. also undertake not to revoke this Guarantee during its currency

except with previous consent of the Company in writing.

Dated the ............................. day of ................................ 20

For.......................................................................................... (Indicate the name of Bank)




IMPORTANT NOTE

The following Points should be taken care of while submitting the Bank Guarantee:-

1. The Bank Guarantee should be on non-judicial stamp paper having a value of Rs.

200/-or as applicable in the State of Karnataka. 2. The stamp paper should be purchased in the name of the Bank, who give the

guarantee and not in the name of the Supplier. 3. The Bank Guarantee should be strictly as per the profoma. 4. The Bank Guarantee should be from any of the Nationalised Bank, Scheduled

Bank or any other bank Acceptable to owner 5. If any correction is made on the guarantee the same should be endorsed by the

Bank with its official seal.


AT BLAST FURNACE UNIT‐ MANGALURU (PKG‐011A)

KIOCL/TS/BFU/Site Levelling/PKG‐11A/F‐537 GCC for Works Sheet 1 of 61

GENERAL CONDITIONS OF CONTRACT FOR WORKS (GCC )

Article No Page No.1.00 Definitions 3 2.00 Expeditious Completion 6 3.00 Tender 6 4.00 Site Investigations and Sub-Surface Conditions 6 5.00 Standards of Workmanship 7 6.00 Direction and Performance of Work 8 7.00 Survey Lines and Grades 14 8.00 Construction Schedule 14 9.00 Work in Monsoon 15 10.00 Power 15 11.00 Water 16 12.00 Land and House 16 13.00 Quarries and Approach Roads 16 14.00 Communication Lines and Natural Water Sources 17 15.00 Telecommunication Facilities 17 16.00 Permits and Licenses 17 17.00 Levy for Entry into Port Area at Mangalore 18 18.00 Materials 18 19.00 Specifications 19 20.00 Rates 19 21.00 Escalation 21 22.00 Wastages 21 23.00 Supply of Drawings 22 24.00 Site Order Book 22 25.00 Progress Report and Daily Reports 22 26.00 Employment of Engineers 23 27.00 Security 23 28.00 Job Site Regulations and Requirements 23 29.00 Execution of Work during Night Time 23 30.00 Fuel Storage Tanks 23 31.00 Alterations and Omissions Variation = Quantities Extra Works 23 32.00 Extension of Time 24 33.00 Priority of Agreement, other Contract Documents and

Drawings and Construction Documents 24

34.00 Conditions under which work may be caused to be completedby Owner

25

35.00 Use of Completed Portions or Items of Work 26 36.00 Payments 27 37.00 Security Deposit 32 38.00 Period of Maintenance and Maintenance Certificate 33 39.00 Responsibility of Safety 35 40.00 Explosives 36 41.00 Indemnity 36




Article No Page No.42.00 Insurance 37 43.00 Labour Laws 38 44.00 Confidentiality Title of Drawings and Technical Documentation 41 45.00 Co-operation with Other Contractors 42 46.00 Storage 42 47.00 Privileges 43 48.00 Inventions and Patents 43 49.00 Reports & Records 43 50.00 Measurements 44 51.00 Taxes 45 52.00 Audit 45 53.00 Independent Contractor 46 54.00 Assignment 46 55.00 Force Majeure 46 56.00 Termination 47 57.00 Miscellaneous 48 58.00 Governing Laws 50 59.00 Settlement of Disputes 51 60.00 Notices 51 61.00 Amendments 52 62.00 Waiver of Breach 52 63.00 Entire Contract 52 64.00 Form of Bank Guarantee for Advance payment 53 65.00 Form of Bank Guarantee for Security Deposit 56 66.00 Form of Bank Guarantee for Earnest Money deposit 59




1.00 DEFINITIONS

A. As used in the Contract including all documents contained in or referenced by the Invitation to Bid, the following terms shall have the meaning ascribed herein unless the context within which they are used clearly precludes such meaning. Terms and Expressions not herein defined shall have the same meaning as one assigned to them in the Indian Contract Act (Act lR of 1872) and failing that in the General Clauses Act (1897) and subsequent amendments thereof.

1. ACTUAL CONTRACT VALUE means the Final cost of the Work including the cost of

Extra Work(s) or adjustments due to changes in works.

2. APPROVAL of OWNER/ ENGINEER shall mean the written approval by OWNER/

ENGINEER of a document or drawing or other particulars or matters in relation to the Contract.

3. “BID” shall mean the offer tendered by BIDDER to the OWNER to do and perform all

work and other things necessary to complete the work required for the Project / Portion of the Project as described in the Bid document.

4. “BIDDER/ TENDERER” shall mean the party submitting a bid for the work.

5. “BID DOCUMENTS” shall mean a document prepared and issued to the Bidder by

OWNER which will contain, among other things a description of the Work to be performed, schedule of quantities and the time schedule for completion of work.

6. “CLEAR DAYS” shall mean consecutive days without interruption for weekends or

holidays and shall include the day on which the notice/request is received.

7. “CONSTRUCTION E Q U I P M E N T ” s h a l l m e a n a l l m a c h in e r y , p l a n t , appa ra tus , pa r t s , a p p l i a n c e s , instruments, articles and things required for erection, construction and completion of the work required for the Project or any Portion thereof and the operation thereof, including supply of maintenance items, spare parts and consumables etc. required therefore.

8. „CONTRACT‟ shall mean and include the Invitation to Bid, Instruction to Tenderers,

Offer / bid (initial/modified), the General Conditions, the Specifications, Drawings, Special Conditions and Bulletins, if any, and the Letter of Intent /Work Order/ Supply Order/the Agreement entered into by the parties including mutually agreed subsequent amendments/ changes, if any.




9. “CONTRACTOR” shall mean the Bidder whose Bid has been accepted and shall include his/ her/its/their heirs, executors, administrators, legal representatives, successors and assigns.

10. “CONTRACT DRAWINGS” shall mean and include the designs, blue prints or other

documents of a similar nature which show or illustrate the character and nature of the work to be performed which are supplied by Owner enclosed with the Bid Document or available with the Owner for inspection by the Bidder or Drawings issued by the Owner during the execution of Contract.

11. “CONTRACT VALUE” shall mean the amounts as stipulated in the Letter of Intent/Work

Order / Supply Order/Agreement which amount represent the estimated total cost of the work to be performed by CONTRACTOR under the CONTRACT.

12. “EFFECTIVE DATE OF THIS CONTRACT” shall mean the date of issue of Letter of

Intent/ Supply Order/Work Order unless otherwise specified. 13. “ENGINEER” shall mean person/persons nominated by or authorized by OWNER

among other things to administer the Contract and / or supervise the work under the Contract.

14. “IN PLACE” shall mean the work or any items of Work being fully completed / installed

and completely incorporated as determined by ENGINEER/OWNER whose decision in this regard shall be final, binding and conclusive on the Parties.

15. “LETTER OF INTENT” shall mean the acceptance by the OWNER of the Bid tendered by CONTRACTOR and the award there under of the work to be performed in accordance with the terms and conditions of CONTRACT.

16. “MONTH” when used for the purpose of calculating a period of time, shall mean the

period from the day of one month to the corresponding day of the next calendar month if such day exists, or, if not, to the last day of the next calendar month.

17. “OWNER” shall mean KIOCL Limited having its Registered Office at Second Block,

Koramangala, Bangalore - 560 034, Karnataka, India and include its Lawful successors and assigns.

18. PERIOD OF MAINTENANCE shall mean a period of Twelve continuous months or any

other period, if specifically stipulated in the Special Conditions calculated from the date the whole work, is “IN PLACE” as certified by ENGINEER/OWNER.

19. “PORTION” shall mean that part or parts of the work as identified in the Contract and




shall include all aspects of such part or parts as are included in the Contract. 20. “RUPEES” or “Rs” shall mean Rupees, the currency of India. 21. “SITE” shall mean the actual place or places where the work is to be done by the

Contractor and/or services are to be performed under the Contract as notified / indicated by OWNER/ENGINEER.

22. “SPECIFICATIONS” shall mean and include the descriptions/type, quality, standard of

materials and work, general arrangements, statements of technical data, performance and/or documents of a similar nature which are included in the Contract and /or issued or supplied by OWNER relating to the Work.

23. “SUPERVISION” shall mean the direction and control in relation to the execution

of work and instructions given by OWNER/ENGINEER or their authorized representative in relation thereto under the terms of the Contract.

24. “WORK” shall mean and include all works operations / activities to be performed by CONTRACTOR as set out and/or required in the CONTRACT in accordance with the Bills of Quantities, Specifications and Drawings or to be implied there from or incidental thereto or as may be specified during the execution of work or required in such explanatory/additional instructions and drawings as shall, from time to time, during the progress of the work hereby contracted for, be issued by OWNER/ENGINEER.

25. “WRITING” shall mean any information, request, notice, data contained or given in any manuscript, typewritten or printed statement or other document under seal or hand and includes telegrams, telexes, taxes and cables and words “In Writing” shall mean any document duly signed by any person authorized to represent CONTRACTOR and OWNER/ENGINEER.

B. The words “Including” and “Include(s)” as used in this Contract are not to be construed as words of limitation, unless the context otherwise requires or unless a contrary intention otherwise appears in the matter.

C. Words imparting “Persons” shall include firms, companies, corporations and

associations or of individuals, whether incorporated or not. D. Word imparting the singular only shall include plural and vice-versa where the context

so requires. E. Word imparting masculine gender shall also include feminine gender and vice-versa

where the context so requires.




2.00 EXPEDITIOUS COMPLETION

It is understood and agreed by and between CONTRACTOR and OWNER/ENGINEER that time stipulated in the Contract is of the essence of this CONTRACT and accordingly CONTRACTOR shall do and perform his obligations in such a manner as not to hinder, delay or impair timely completion of the works awarded to him or interfere with, delay or impair those Portions or items of work undertaken by other contractors or interfere with, delay or impair the timely completion of the entire Project.

3.00 TENDER

A. CONTRACTOR acknowledges that this Bid contained all the information required in the Invitation to Bid, specifically for CONTRACTOR‟s firm lump sum price or his firm unit price for the work to be performed. CONTRACTOR agrees that the price(s) as awarded include any / all cost components including profits, overhead charges and other costs including but not limited to labour, equipment, materials, insurance, transportation facilities and plant not specified to be furnished by OWNER or others. CONTRACTOR further agrees to do all things necessary to complete such Work in a proper and workman-like manner to the satisfaction of the ENGINEER/OWNER.

B. CONTRACTOR is expected to review and is chargeable with knowledge of the information contained in or referred by BID DOCUMENTS or that available with OWNER and available for examination by the CONTRACTOR.

4.00 SITE CONDITIONS.

A. CONTRACTOR by tender of his Bid, acknowledges that he has obtained / collected available data and satisfied himself as to the nature and location of the Work, the general and local conditions, particularly those bearing upon transportation, disposal, handling and storage of materials, equipment, availability of labour, water, electric power, roads and uncertainties of weather, rock soil or other physical condition on the Project, the configuration and strata and sub soil conditions, the character and quantity of Equipment, Plant and facilities needed preliminary to and during the execution and maintenance of the Work and all other matters which can in any way affect the work or the cost thereof under this Contract.




B. CONTRACTOR further acknowledges that he has obtained and collected data and satisfied himself as to the character, quantity of any and sub-surface materials including ground water, to be encountered. CONTRACTOR has considered all exploratory work done on the Project by the OWNER and other firms / agencies in relation to the work to be performed by CONTRACTOR as well as information presented by the Specifications, Contract Drawings or other documents relating to the work. Any failure of CONTRACTOR to acquaint himself with all the available information will not relieve him of the responsibility for assessing the difficulty or estimating the cost of successfully performing the work. Representations made but not so expressly stated and for which liability is not expressly assumed by ENGINEER or OWNER in this Contract and any information on or opinions concerning soils and sub- surface conditions or other matters furnished by or for ENGINEER/OWNER or any understanding, opinions or representations made or expressed by any of their officers, employees or agents, during or prior to the execution of this Contract shall be deemed only for the information of CONTRACTOR to be appropriately checked and utilized by the CONTRACTOR in preparation and submission of the bids and CONTRACTOR shall have no claim against ENGINEER or OWNER resulting from such information.

C. Contractor shall be deemed to have acquainted himself with the regional / local

geology. CONTRACTOR shall bear full responsibilities for deductions and conclusions as to the nature or conditions of the rock and other materials to be excavated, the difficulties of making and maintaining the required excavations and of doing other work affected by the geology of the site of works.

D. In addition to the information acquired by himself from the tender documents supplied

by Owner, the Contractor shall be free to conduct any further test to ascertain / obtain /acquaint additional information to take care of site / soil condition at his cost for which the OWNER shall extend facilities to the extent possible.

5.00 STANDARDS OF WORKMANSHIP

A. CONTRACTOR guarantees that all workmanship shall be in accordance with Contract

Specifications / Indian Standard Specifications and shall conform to any applicable laws, codes and/ or regulations and such workmanship shall at all times be satisfactory in all respects to ENGINEER / OWNER. Should ENGINEER/OWNER determine that any work performed by CONTRACTOR fails or is likely to fail to meet the Specifications / Standard of workmanship, ENGINEER / OWNER may direct CONTRACTOR to remove such inferior work and replace such work at Contractor‟s sole expense, failing which the OWNER/ENGINEER may get it replaced / executed at the Contractor‟s risk and cost.




B. The decision of ENGINEER/OWNER in this regard shall be final and binding upon the Parties.

6.00 DIRECTION AND PERFORMANCE OF WORK

A. While CONTRACTOR shall be free to employ his own methods of executing the Work

in accordance with the Specifications, OWNER/ ENGINNER shall have the right to direct, instruct and supervise CONTRACTOR and through him any subcontractors, to provide the maintenance of effective working organizations, to ensure the performance of the Work in the time, sequence and manner as determined by OWNER/ENGINEER, to carry out proper correction and remedy of any and all defects discovered in the work or materials used and to make modifications in construction or the cost of construction in accordance with available construction methods. The decision(s) of OWNER/ ENGINEER in these respects shall be final and binding upon the Parties. Nothing herein shall be interpreted as creating any direct relationship between the OWNER/ ENGINEER and the Sub-Contractor or the OWNER/ ENGINEER and the Employees / labour force of the Contractor / Sub- Contractor.

B. i) CONTRACTOR shall employ a competent Manager for the Works and supervisory

staff who shall be constantly on the works site and shall give their whole time to the execution and supervision of the Work. Such Manager shall have full authority to represent CONTRACTOR in all matters pertaining to this CONTRACT and the performance of the work hereunder and all directions and notice given to him shall be as binding as if given to CONTRACTOR.

ii) CONTRACTOR shall employ on the work only such persons as are careful, skilled

and experienced in their several trades. CONTRACTOR agrees to remove employees/ labour force engaged on the Work covered by this CONTRACT who are found to lack necessary skill, expertise or care by the ENGINEER/ OWNER. CONTRACTOR shall not engage / utilise employees of OWNER, any other Contractor or any subcontractor without obtaining a written release from the party affected. CONTRACTOR shall be solely responsible for employees removed, discharged by him or leaving his employment for any reason whatsoever.

C. CONTRACTOR shall check all materials and labour to be utilised for the Work and shall

keep in convenient form such full and detailed accounts and records as may be necessary for proper financial management under this CONTRACT and the system shall be such as is found satisfactory by the OWNER/ENGINEER. Such records shall include accurate records of all personnel employed, materials brought, material consumed for the Work including the Work executed by the sub-contractor.




D. 1. Materials and Workmanship will be subject to inspection and approval by ENGINEER

/ OWNER at all times as considered appropriate. However, such approval / inspection shall not relieve CONTRACTOR of his obligation to perform the Work properly. CONTRACTOR shall co-operate in permitting access for inspection at all places where Work is done, is being done or material is stored and shall provide sufficient, safe and proper facilities at all times for carrying out such inspection of the work by the OWNER/ENGINEER or such personnel / agencies as may be appointed for the purpose.

2. OWNER may appoint an inspection and testing agency whose representative

(hereafter referred to as “INSPECTOR”) will carry out shop, laboratory and/or field inspection. CONTRACTOR shall furnish such INSPECTOR or ENGINEER / OWNER all facilities for carrying out such inspection at his own cost. However, OWNER will bear his own cost in relation to the tests carried out by them or through their Inspector as a part of their quality control checks.

3. All materials and workmanship shall be of the respective kinds described in this

CONTRACT and in accordance with ENGINEER‟s instructions and shall be subjected from time to time to such tests as ENGINEER may direct at the place of manufacture or fabrication or on the work site or at all or any other mutually agreed location. CONTRACTOR shall at his cost, provide such assistance, instruments, machines, labour and materials as are usually required for examining, measuring, any testing of the work and its quality, weight or quantity of any materials used and shall supply samples of materials before incorporation in the Work for testing as may be selected and required by ENGINEER free of cost.

4. Unless otherwise provided, the cost of all tests as stipulated in this Contract shall be borne by CONTRACTOR excepting as brought out in the following sub para 5.

5. If any test(s) are ordered by ENGINEER, which are either.

i. not so intended or provided for in the CONTRACT or become necessary due to lack of clear-cut results obtained from the tests carried out by the Contractor as per its quality control programme.

OR ii. though so intended or provided for, is ordered by ENGINEER to be carried out by

an independent agency at any place and if the test results establish that the material/ workmanship conform to the Contract Specifications.

In all cases, the decision of the Engineer in this regard shall be final, binding and conclusive on the Parties.

E. Prior to the completion of the work by CONTRACTOR and the acceptance thereof by ENGINEER/ OWNER, the work shall remain under the custody and care of and at the




risk of CONTRACTOR and CONTRACTOR shall be responsible for all loss and damage to the Work and equipment in the CONTRACTOR‟s care and custody and shall repair, renew and make good at his own expense, all such loss and damage however caused including theft, pilferage etc.

F. CONTRACTOR shall repair, restore and replace at his own cost any other work or any

personal property (including, but not limited to, tools and equipment) belonging to OWNER, which CONTRACTOR or his sub-contractors or suppliers or their respective employees or invitees, may damage or destroy while on the Project.

G. CONTRACTOR shall co-operate with ENGINEER/OWNER for ensuring the

performance of the Work and in the preparation of all documents and reports necessary and advisable for such purposes.

H. CONTRACTOR shall co-ordinate the work of his sub-contractors and his material

suppliers and in scheduling of materials so that the construction and completion of the work will progress smoothly, expeditiously and economically.

I. All materials and workmanship supplied by CONTRACTOR shall conform to the

CONTRACT including any Specifications, Drawings or other documents and shall be so delivered, stored and handled by CONTRACTOR as to prevent any loss, damage, adultration, deterioration or avoidable wastage.

J. 1. CONTRACTOR shall, at any time during progress of the work or within the Period

of maintenance upon written notice from ENGINEER/OWNER to do so, proceed to remove from the site all materials and structures determined by ENGINEER/OWNER to be defective, deficient or otherwise unsatisfactory, whether assembled or not and dismantle all parts of the work which shall stand rejected as unsound, improper, unsatisfactory or which in any way fail to conform to the requirements of this Contract and replace all such work, materials and/or structures at his cost in time periods stipulated by the OWNER/ENGINEER.

2. The cost and risk of such removal and replacement shall be borne solely by

CONTRACTOR. If CONTRACTOR does not remove and replace such rejected / condemned work, materials and structures with in a reasonable time as specified in OWNER/ ENGINEERS‟s written notice, OWNER may remove or have the same removed and replace the same and charge the cost thereof to CONTRACTOR, who will continue to bear the risk thereof.

3. Furthermore, if any applicable law, ordinance, statute or regulation creates a more

extended liability for faulty materials, structures or workmanship, then the provisions




of such law ordinance, statute or regulation shall apply to the Contractor/Sub-contractor in the same manner and the same extent, as applicable to the OWNER, as a part of contractor‟s obligations under the Contract.

K. All equipment operated by CONTRACTOR for the work shall be of such type, standard & quality and shall be operated, inspected, serviced, maintained and equipped with spares in such a manner, as to ensure effective and smooth operation with a minimum of down time acceptable to ENGINEER / OWNER whose decision in this regard shall be final and binding upon and conclusive on the Parties. If any piece of Equipment fails to meet the aforesaid requirement, CONTRACTOR shall at his sole expense and using his own resources replace it with appropriate equipment. The Contractor shall have no claim whatsoever for any additional compensation owing to this replacement.

L. Any work not specifically mentioned but that may reasonably be inferred from the Specifications, Contract Drawings or other documents as being required to produce the intended result shall be performed and completed by the CONTRACTOR without raising any claim or demanding any additional renumeration.

M. If by reason of any emergency, accident or failure or other event occurring in or in connection with the work or any part thereof either during the execution of the work or during the period of maintenance, any remedial or other item of work or repair, shall in the opinion of ENGINEER/ OWNER, be urgently necessary for ensuring security and stability of the work and CONTRACTOR is unable or unwilling at once to do such work or repair, ENGINEER / OWNER may have such work or repair executed by others as ENGINEERS/OWNER considers necessary. If the work or repair so done in work which, in the opinion of ENGINEER, CONTRACTOR was liable to at his own expense under this CONTRACT all costs and charges incurred in so doing shall on demand be paid by CONTRACTOR to OWNER or may be deducted by OWNER from any moneys payable to CONTRACTOR, provided that ENGINEER/OWNER shall soon after the occurrence of any such emergency as may be reasonably practicable notify CONTRACTOR thereof in writing.

N. 1. OWNER / ENGINEER or any person authorised by him shall, at all times, have

access to the work and to the location of any work to and all workshop and places where any part of work is being carried out and Contractor shall afford every facility and every assistance to the OWNER/ENGINEER or any person authorised by them in obtaining the right to such access.




2. No items of work shall be covered up or put out of view without a notice to and the prior approval of ENGINEER and CONTRACTOR shall afford full opportunity for ENGINEER to examine and measure any item of work which is about to be covered up or put out of view such as examination of the foundations before other permanent item(s) of work are placed thereon. CONTRACTOR shall give due notice to ENGINEER whenever any such item(s) of work such as foundation is/are ready or about to be ready for examination by ENGINEER.

3. If no such notice is given or prior approval obtained, CONTRACTOR shall, at his

cost, uncover any part or parts of the Work or make openings in or through the same as ENGINEER may, from time to time, direct for ENGINEER‟s examination or check and later on reinstate and make good such part or parts to the satisfaction of ENGINEER.

If any such part or parts have been covered up or put out of view after compliance with the requirements set forth above and are found by the ENGINEER to be executed in accordance with this CONTRACT, the expenses of uncovering, making openings in or through reinstating and making good the same shall be reimbursed by OWNER. If, however, the Contractor did not notify the Engineer or obtain Engineer‟s prior approval and / or the work is not in conformity with the Contract provision, the cost of opening up and reinstating shall be borne by the Contractor.

O. 1. If the Contract provides for the use of any special description of materials to be

supplied from OWNER‟s store or if it is required that CONTRACTOR is required to use certain stores to be provided by OWNER (such materials and stores and the prices to be charged thereof as hereinafter mentioned being so far as practicable for the convenience to CONTRACTOR but not so has in any way to control the meaning or effect of this CONTRACT), CONTRACTOR shall be supplied with such materials and stores as required from time to time to be used by him for the purpose of this CONTRACT only (this being calculated from Specification, Contract drawings etc). The value of the full quantity of materials and stores so supplied shall be charged by the OWNER at the rates specified in the schedule of items and shall be to CONTRACTOR‟s account. All materials supplied to CONTRACTOR shall continue to remain the absolute property of OWNER and shall not on any account be removed from the location of the Work and shall at all times be opened to inspection by ENGINEER. Any such materials unused and in perfectly good condition at the time of the completion or termination of this CONTRACT shall be returned to OWNER‟s store by a notice in writing but CONTRACTOR shall not be entitled to return any such material except with such consent and shall have no claim for compensation on account of any such material so supplied to him as aforesaid, being left with him




or for any wastage in or damage to any such materials. In cases under the CONTRACT, such materials and stores are to be supplied to CONTRACTOR free of charges, all unused and waste materials shall be returned to OWNER by CONTRACTOR at CONTRACTOR‟s own cost and CONTRACTOR shall be responsible to account fully for such materials and stores.

2. All materials (eg. stone and other materials) obtained in the work of dismantling,

excavation etc. will be considered to be OWNER‟s property and issued to CONTRACTOR (if he requires the same for the Work) at rates approved by OWNER. If these materials are not required by CONTRACTOR, they will be disposed off by the OWNER to the best advantage of OWNER.

3. The operation of the preceding paragraphs shall not be deemed to imply

any approval by ENGINEER for the materials or other matters referred to therein nor shall it prevent the rejection of any such materials at any time by ENGINEER. The OWNER shall permit the Contractor to arrange such materials on his own.

P. SITE CLEAN UP

During the progress of the Work and as required by ENGINEER, CONTRACTOR shall keep areas occupied by him and access to such areas in the neat, clean and safe condition and free from accumulation of packing or crating materials, waste and rubbish. Rubbish and combustible wastes shall be removed on a daily basis. On the completion of any item of work, CONTRACTOR shall promptly fill up any pits and excavations and remove from such area all of his equipment and surplus material to approved areas. Upon completion of the work, CONTRACTOR shall before final payment is made, at his own expense and to the satisfaction of ENGINEER, dispose off or remove from the work site all equipment, rubbish, unused material and other equipment and materials belonging to him or used under his direction during the performance of the Work and shall leave the premises (including the quarters of CONTRACTOR employees) in a neat and clean condition satisfactory to ENGINEER.

In the event of CONTRACTOR‟s failure to comply promptly with any of the foregoing, OWNER/ENGINEER may, after serving a written notice of three (3) days to the CONTRACTOR, cause the same to be accomplished by any other agency at CONTRACTOR‟S expense and the cost of the same may be deducted from any money due to or becoming due or payable to CONTRACTOR whether under this or any other contract. Furthermore, the said clause shall apply should it become necessary for OWNER to have the complete or part of worksite cleared as indicated above at the expense of CONTRACTOR. ENGINEER/OWNER shall, under no circumstances, be held liable for any loss or




damage caused to CONTRACTOR‟S property left at the worksite owing to its removal and / or disposal through public auction or otherwise of such materials and property as deemed fit by the OWNER.

7.00 SURVEY LINES AND GRADES

7.01 As considered appropriate, ENGINEER will establish reference bench marks from which

CONTRACTOR shall establish such other points, lines, elevations etc. as he may require for the proper execution of the Work.

7.02 CONTRACTOR shall be responsible for the true and proper setting out of the

works and for the correctness of the positions, levels, dimensions and alignments of all the parts of the works and for the provisions of all necessary instruments, appliances and labour in connection therewith. If, at any time during the progress of the work any error appears or arises in the positions, levels, dimensions or alignments of any part of the works, CONTRACTOR, on being required to do so by ENGINEER, shall at his own expense, rectify such error to the satisfaction of ENGINEER unless such error is based on incorrect data supplied in writing by ENGINEER / OWNER, in which case the expenses of rectifying the same shall be borne by OWNER. The checking of any setting out or anyline or level by ENGINEER shall not in any way relieve CONTRACTOR of his responsibility for the correctness thereof and CONTRACTOR shall carefully protect and preserve all the bench marks, side rails, pegs and other things used in setting out of the works till such time required and thereafter remove with the prior written approval of the ENGINEER.

8.00 CONSTRUCTION SCHEDULE

8.01 Construction schedule shall be submitted by the Contractor to the OWNER/ENGINEER

within fifteen days of award of Work or as agreed upon, indicating therein the different component items of work and time required for completion of each component item month wise and season wise, so as to complete the work in all respects within the stipulated period of completion.

CONTRACTOR shall also furnish his approach to work, indicating briefly his method of working, his plans in tackling the construction programme vis-a-vis the capacity of equipments he proposes to deploy on various components of work etc. CONTRACTOR shall obtain approval of ENGINEER / OWNER to the above. They shall mutually decide upon updating any changes in agreed Schedule including crashing required and maintain joint records in connection with all important activities. In case of any disagreement, the decision of ENGINEER shall be final and binding on the Parties.

8.02 CONTRACTOR shall submit a weekly schedule of work, identifying each item of work,

for acceptance by ENGINEER and submit regular progress reports, as directed by the




ENGINEER on all activities in an approved format.

9.00 WORK IN MONSOON

9.01 The execution of works may entail working in the monsoon also. CONTRACTOR must maintain minimum labour force as may be required for the job and plan and execute the construction works according to the prescribed construction schedule. Even if the work has to be stopped in the monsoons, the Contractor shall maintain to the satisfaction of Engineer requisite manpower and facilities to undertake regular monsoon protection works and for tackling any contingencies that may arise.

10.00 POWER

10.01 Power required for the work to the extent available may be provided free of cost

at one point. Contractor shall draw power from this point complying all applicable statutory rules and regulations. CONTRACTOR shall strictly follow all safety rules and regulations. CONTRACTOR shall comply with the Indian Electricity Act & Rules, Factories Act & Rules and all other relevant statutes.

10.02 No electricity will be supplied to staff quarters and labour colony of CONTRACTOR and quarry sites.

10.03 CONTRACTOR shall make his own arrangements for drawing the distribution lines

from the tapping point at the sub-station. ENGINEER/OWNER does not guarantee continuous power and CONTRACTOR shall make alternate arrangements by stand-by generating set etc. No claim whatsoever on this account shall be entertained by ENGINEER/ OWNER.

10.04 ENGINEER/OWNER will not be liable for any loss or damage to CONTRACTOR‟s

equipment as a result of variation in voltage or frequency or interruptions of power supply or for any other losses to CONTRACTOR arising there from. CONTRACTOR shall ensure that electrical equipments deployed by him are such that the aggregate power factor does not fall below 0.9 at his premises.

10.05 CONTRACTOR shall ensure that there is no wastage or misuse of power. If any

wastage or misuse of power is detected, the quantity so wasted or misused shall be charged to CONTRACTOR at rates to be decided by ENGINEER/ OWNER, whose decision shall be final and binding.

11.00 WATER

11.01 Water for construction purposes will be supplied by ENGINEER/OWNER at one




point free of cost. CONTRACTOR shall make his own arrangements for pumping and storing the required quantity of water and for the necessary distribution pipelines. Any shifting of this distribution pipelines necessary in the course of the work, whether necessiated by his work or others, must be done at his own cost and no claim on this account will be entertained. CONTRACTOR shall make judicious use of the water and shall ensure that there is no wastage and leakages etc.

11.02 CONTRACTOR shall have to make his own arrangements for requirement of drainage and water for his works, staff and labour. All the precautions shall be taken so as not to pollute the water source or surroundings.

11.03 ENGINEER reserves the right to draw water from the distribution lines laid down by CONTRACTOR, should the same be required for any other works or needs.

12.00 LAND AND HOUSE

12.01 No housing accommodation for CONTRACTOR or his personnel will be made available

by ENGINEER/OWNER. CONTRACTOR will have to make his own arrangements with due regard to the weather and monsoon conditions, as applicable.

12.02 Land to the extent available may be allocated for temporary use for site office,

stores, bar bending yards near the construction site, free of cost on the basis of recommendation of ENGINEER. For other requirements such as labour camps, staff quarters etc., CONTRACTOR will make his own arrangement. CONTRACTOR shall maintain the areas allotted to him in a neat and clean condition as required by ENGINEER/OWNER. CONTRACTOR shall make his own arrangements of water, sanitary and power facilities for labour camps/staff quarters. On completion of the work, all temporary structures must be removed by CONTRACTOR with approval of ENGINEER and the land brought to its original condition. OWNER reserves the right, on completion of work, to take over any or all of the structures put up by CONTRACTOR at terms to be mutually agreed upon.

13.00 QUARRIES AND APPROACH ROAD

13.01 Where required, CONTRACTOR shall locate suitable quarries for stone aggregate,

sand and borrow area and satisfy himself of the quality and quantity of the materials required for construction. CONTRACTOR shall make his own arrangements for obtaining the quarries and establish source of required materials of appropriate quality.

13.02 CONTRACTOR shall not extract any materials from OWNER‟s land except with

the prior written consent of OWNER. Permission to quarry materials from OWNER‟s land for bonafide use of the works may be given to the extent of the quantities available at the sole discretion of OWNER, failing which the Contractor shall make his own




arrangements.

13.03 Washing of sand/gravel, stone aggregate for concrete/filter material shall be done where the percentage of deleterious materials is more than that specified in the Bureau of Indian Standards (BIS) specification.

13.04 The approach roads to work site, quarries, borrow areas and dumping areas should

be laid /provided and maintained by CONTRACTOR, wherever necessary, at his cost.

13.05 Removal of overburden in quarries and its disposal, wherever necessary shall be done by CONTRACTOR at his cost, in conformity with the direction of the ENGINEER/State Authorities as applicable.

13.06 Construction of roads and/or the use of existing roads by CONTRACTOR for the

transportation of materials, machinery, supplies, fuels etc., and to serve for all his other requirements to and from the Work site or on the work, shall have the prior approval of ENGINEER/State Authority.

14.00 COMMUNICATION LINES AND NATURAL WATER RESOURCES

14.01 CONTRACTOR shall not close any communication lines without the permission

of ENGINEER. CONTRACTOR shall also not obstruct any natural lines of drainage without the prior written approval of ENGINEER.

15.00 COMMUNICATION FACILITIES

15.01 CONTRACTOR shall provide, maintain and operate at his cost all communication

facilities as may be necessary for safe and efficient performance of the Work. 16.00 PERMITS & LICENCES

16.01 CONTRACTOR shall secure and pay for all licences and permits which he may require

to comply fully with all laws, ordinances and/or regulations of the proper public authorities in connection with the performance of the Work.

16.02 CONTRACTOR shall be responsible for all losses / damages and shall defend, indemnify

and save harmless OWNER and ENGINEER in accordance with Article 41 hereof. Indemnify OWNER from and against all damages and liability which may arise out of the failure of CONTRACTOR to secure and pay for any such licenses and permits or to comply fully with any and all applicable laws, ordinances and regulations.




17.00 LEVIES FOR ENTRY INTO PORT AREA AT MANGALORE

17.01 It is the responsibility of CONTRACTOR to pay the Port authorities the charges levied for entry of men and vehicles into Port area at the rates fixed by them.

18.00 MATERIALS 18.01 The work is for complete job including labour and supply of all materials. Unless

otherwise specified, CONTRACTOR shall make his own arrangements for cement, steel, stone ballast, stones, stone chips, sand and other construction materials as required for satisfactory completion of the Work.

18.02 In case of materials supplied by OWNER, the CONTRACTOR shall ensure that only

the required quantities of materials are indented and got issued. Any such materials remaining unused and in perfectly good condition at the time of completion or termination of the contract shall be returned to OWNER at a place or places as directed by ENGINEER, by a notice in writing under his hand, if he shall so require. Credit for such materials will be given at the issue rate. The CONTRACTOR shall bear the cost of loading, transporting and unloading and incidental charges for returning the surplus materials from and to the stores where from they were issued or as directed by the OWNER/ENGINEER.

18.03 All CONTRACTOR‟s materials shall be generally inspected and approved by

ENGINEER from time to time at the source of supplies. CONTRACTOR shall provide all facilities for such inspection free of cost to ENGINEER. Notwithstanding any inspection at the source, the ENGINEER shall have liberty to reject any material brought to site that does not conform to the specifications without being liable for compensation.

18.04 All rejected materials shall be removed from the Site by CONTRACTOR at his own

cost, as directed by the ENGINEER. 18.05 CONTRACTOR shall at his own cost, properly store all materials brought by him to the

work site to prevent damage owing to rain, wind, direct exposure to sun etc., and also from theft, pilferage etc. CONTRACTOR shall maintain stocks of all materials required by him for proper and speedy execution of the work without any interruption.

18.06 All materials, construction plants and equipments, once brought by CONTRACTOR

within the project area, are not to be removed from there without the prior written authority from ENGINEER.

18.07 ASSISTANCE FOR PROCUREMENT OF MATERIALS A. CONTRACTOR shall be responsible for procurement of all materials required for

satisfactory completion of the work. However, OWNER may at his discretion, release suitable quantity of materials available with OWNER. CONTRACTOR shall make necessary arrangements for payments, transportation etc., for the quantity of materials so released.




B. Where the CONTRACT is terminated owing to any default on the part of CONTRACTOR, CONTRACTOR shall pay all transport charges incurred for transporting any materials to any other place to be nominated by OWNER.

19.00 SPECIFICATIONS

19.01 All technical documents regarding construction of works are given in the Metric System

and all works should be carried out as per Drawings and Specifications. Where the Specifications are not available in the drawings, the Specifications given in the Bid Documents shall apply. Where the Specifications are not available in either of the above, B.I.S. Specifications (Latest editions, unless otherwise specified) will be followed. For points not covered by the B.I.S. Specifications and/or the portion thereof and if no mention be made therein, the written instructions of ENGINEER shall be binding on CONTRACTOR.

19.02 If CONTRACTOR performs any work in a manner contrary to the Specifications or

Drawings or any of them and without such reference to ENGINEER, he shall bear all the costs arising or ensuring there from and shall be responsible for the losses to ENGINEER/OWNER.

20.00 RATES

The rates to be quoted are intended to provide for works duly and properly completed in accordance with the General and Special Conditions of Contract, Specifications and Drawings together with such alterations and/or additions as may be required/ordered and without prejudice to the generality thereof and shall include for details of construction which are obviously and fairly intended and which may not have been specifically referred to in these documents and working drawings, but are essential for execution and satisfactory completion of work including those of minor nature and shall be deemed to include and cover but not limited to inter-alia the following:

i) The cost of all superintendence and labour, materials, tools, plants, equipments,

mobilising and demobilising of equipments, fuel, lubricants, fixtures, transport charges, temporary and permanent works and quarrying charges, testing, screening, washing, handling of materials, stacking and removal charges of any rejected materials, water and power arrangements and satisfactory maintenance of the same for the full and satisfactory completion of the Work intended.

ii) All fees, duties, royalties, rent and compensation to OWNER for surface damage or

taxes and impositions payable to local authorities in respect of land and structures for all materials supplied for the Work or oth er duties/or expenses for which CONTRACTOR may become liable or may be put to under any provision of the law for the purpose of or in connection with the execution of the Contract including levies payable on all transactions.

iii) Watching and lighting arrangements as required for satisfactory performance.

iv) Setting of work profiles etc. and of construction, repair and upkeep of all central lines, bench marks and levels and pegs thereof, including provision of masonry/concrete pillars showing the central lines of structures, grid lines and levels and maintenance and




protection of the same including providing fencing etc., throughout the period of Contract. v) Erection, maintenance and removal of temporary works and building. vi) Supply of samples, moulds, cost of testing of materials, works etc. vii) Working in all conditions including in/under water, liquid, mud, foul conditions etc., and

shall also include bailing or pumping out water from the foundations, basement or any other place of construction collected from rains or any other source whatsoever, de - sludging and allied operation, at any stage of work and any time till the completion of Work including all suspension period and delays whatsoever, cost of curing including pumping of curing water wherever necessary.

viii) Diversion and draining works, protection works, temporary facilities, bridges, gangways,

drainage etc. ix) Work at all depths in foundations below Ground level and in superstructures up to all heights

above ground level including all lifts and descents involved at any other place of work and disposal areas.

x) Cost of all leads unless otherwise specified in the Specification / Schedule. xi) Provision of centering, scaffolding, strutting props etc.

xii) All materials and labour required for fencing and protection against risk of accidents,

for providing necessary planking, strutting gangway with handrails, gumboots, helmets, safety belts etc., during the progress of work.

xiii) Diversion including compensation payable for barrier arrangements for the safety

of the public or employees during the execution of works, all sanitary and medical arrangements for labour camps as may be prescribed by ENGINEER.

xiv) Works in all shapes, straight, inclined or curved and all sizes as shown or as required.

xv) Clearing the sites after the completion of the work of all debris, left out construction

materials, machine, equipment, temporary houses, offices, stores, workshops, labour colonies etc., including micro dressing the area in neat and clean shape.

xvi) Such other incidental charges or contingencies as may have been provided in the

Specifications or as necessary or levied




21.00 ESCALATION 21.01 No escalation will be admissible on rates, materials, labour, royalties, taxes etc. on any

account unless otherwise specifically provided for. 22.00 WASTAGES

22.01 For the purpose of accounting of ENGINEER/OWNER supplied materials either

free or on cost recoverable basis, the following wastages shall be allowed which shall include loss of cement in bags / transit and in case of steel, rolling margin as per BIS, invisible wastage and cut pieces of less than 3 meters in length or plates of size less than 0.5 sq. meter subject to one dimension not exceeding 300 mm.

a) CEMENT : 5 % (Five Percent)

The theoretical quantity of cement to be used in the work shall be calculated on the basis of the norms indicated for consumption of cement or as per the authorised design mix. Where such norms are not given, norms available in CPWD Schedule showing quantity of cement to be used in different items of works shall be applicable. Where CPWD norms are not available, it shall be calculated as directed by the ENGINEER. In the event of it being discovered that the quantity of cement used is less than the quantity ascertained as herein before, the cost of quantity of cement not so used, shall be recovered from the CONTRACTOR on the basis of actual landed cost plus 50 % as compensation/ damages, provided such works are technically accepted. Shortage of cement after accounting as stipulated above will be charged at rate specified in Article 22.02.

b) REINFORCED STEEL :

5% on the actual quantity incorporated in the works and measured for payment by ENGINEER/OWNER.

c) STRUCTURAL STEEL:

(i) Sections 5% on the quantity computed based on DOD lists. (ii) Plates 7.5% on the quantity computed based on DOD lists.

d) STEEL PIPES:

3% on the quantity computed from the measurements/ “As made” drawings.

e) C.I. PIPES:

5% on the quantity computed from the measurements/ “As made” drawings.

f) OTHER MATERIALS:

5% unless otherwise specified.




22.02 Quantity in excess of the above specified wastages shall be charged at actual cost

+50%, unless otherwise specified. 22.03 The surplus / balance steel beyond the maximum permissible limits allowable for invisible

wastages including rolling margin shall be returned to OWNER. 23.00 SUPPLY OF DRAWINGS

23.01 OWNER / ENGINEER will provide drawings and other information for start of the

first item of work. Subsequently, ENGINEER will maintain a flow of drawings and other required information sequenced and timed in such a manner as to permit CONTRACTOR to execute the work in accordance with the scheduled and subsequent scheduled releases.

23.02 Only three sets of drawings will be supplied by ENGINEER. Failure on the part of

ENGINEER to provide drawing or maintain flow of drawings as stated above will attract the provision of Article 32 hereof.

23.03 One set of drawings shall be returned to ENGINEER/OWNER showing therein

all additions and alterations in the process of execution. This set of drawings will show the “As Built Installation‟. However, all alterations, additions or deletions from the original drawings must have the prior approval in writing of ENGINEER.

24.00 SITE ORDER BOOK

24.01 CONTRACTOR shall provide at Site, a “Site order” book. The pages in the site order

book shall be machine numbered. CONTRACTOR shall be responsible for obtaining all the orders entered in the order and within 24 hours, he or his authorised agent shall sign the orders issued by ENGINEER and shall carry them out strictly in accordance with these instructions and compliances shall also be recorded by CONTRACTOR and got duly countersigned by ENGINEER or his authorised agent.

25.00 PROGRESS REPORT AND DAILY REPORTS

25.01 Progress reports shall be submitted by CONTRACTOR in the proforma furnishing the

details as required by ENGINEER. 25.02 CONTRACTOR shall submit daily reports of the following by 10 AM:

i) Total number of labourers in the working areas. ii) Total number of local labourers in the working areas. iii) List of equipments deployed and worked. iv) Progress Report of the previous day.

26.00 EMPLOYMENT OF ENGINEERS 26.01 To ensure proper execution of work, CONTRACTOR must engage adequate

number of full time qualified engineers possessing the requisite experience.




27.00 SECURITY 27.01 CONTRACTOR shall make his own arrangements to protect his materials, plant and

equipment from pilferage, vandalism, accidental damage or loss of any kind and ENGINEER/OWNER shall not be responsible for any such occurrences.

28.00 JOB SITE REGULATIONS AND REQUIREMENT

28.01 CONTRACTOR shall comply with and be bound by all regulations and requirements

established by ENGINEER governing CONTRACTORS, Sub-contractors and their employees engaged in the work under this CONTRACT or in preparation for such work.

29.00 EXECUTION OF WORK DURING NIGHT

29.01 When the work is carried out at night or in obscured daylight, adequate arrangements

for floodlighting the working area shall be made by CONTRACTOR at his own cost and got approved by ENGINEER.

30.00 FUEL STORAGE TANKS

30.01 The storage of gasoline (petrol) and other fuel oils or other inflammable materials shall

conform to the regulations for such storage issued by the concerned Statutory Authorities / State Government and Central Government Authorities.

31.00 ALTERATIONS AND OMISSIONS - VARIATIONS IN QUANTITIES - EXTRA WORKS

A. Revisions to the Specifications and Drawings, may, from time to time during the

progress of work, be issued by ENGINEER. Additionally, ENGINEER may, from time to time without invalidating CONTRACT make changes in the Specification and issue additional instructions and/or require additional work to be performed or delete certain work.

B. The quantities contained in the “Schedule of Units and Quantities” are only approximate and subject to variations. Payment will be based upon the actual quantities as certified by ENGINEER and at the unit rates stipulated in the CONTRACT




C. Rates for extra, altered or substituted work (hereinafter called “extra works”) shall be determined as set forth hereinafter in consultation with OWNER. If the rates for extra work are not specifically provided for in the CONTRACT the rates will be derived by ENGINEER from the rates for similar items/clauses of works as are specified in the CONTRACT. The decision of ENGINEER in this regard shall be final and binding on and conclusive to Parties. In the absence of similar items of work, the rate for extra work/item shall be established by ENGINEER on the basis of inputs and its cost as determined by ENGINEER, plus 15% towards Contractor‟s overheads, profits etc.

D. CONTRACTOR shall not be entitled to any claim because of any variation (plus

or minus) in the Contract Value above the Estimate Value of Contract.

E. CONTRACTOR shall expeditiously perform such work as is directed by ENGINEER regardless of whether such work requires variation of quantities or includes extra work with payment being made in accordance with this CONTRACT.

32.00 EXTENSION OF TIME

A. If CONTRACTOR believes that the work is being delayed owing to the failure of

OWNER to keep a commitment, he shall immediately notify ENGINEER/OWNER in writing, if ENGINEER/OWNER is satisfied that the reasons stated by CONTRACTOR have a bearing on the time schedule and that such delay cannot be made up by CONTRACTOR by rearranging the sequence of items of work, a change in method, by compressing the execution time required through improved supervision, more manpower or more effective equipment, by paying incentives or in any other way, then OWNER shall extend, by written notice, the said specified required completion time for a period of time equivalent to any such delay on receipt of request from the CONTRACTOR along with full justification. The decisions of OWNER in this regard shall be final and binding on the Parties.

B. The Contractor shall not delay / discontinue execution of job for want of grant

of extension of time.

C. Such extensions shall be in full se t t lement and sa t i s fac t ion o f any o r a l l claims which CONTRACTOR may have against OWNER for damages or losses as a result of any such delay.

33.00 PRIORITY OF AGREEMENT, OTHER CONTRACT DOCUMENTS AND

DRAWING AND CONSTRUCTION DOCUMENTS.

A. All Documents and Drawings forming part of the CONTRACT are intended to be read together and to be complete and in agreement.

B. If conflicts between documents arise the documents shall prevail in the order

stipulated below:

1. Special conditions shall prevail over General Conditions.




2. Specifications shall prevail over Tender Drawings. 3. Description of items in “Schedule of Units and Quantities” read in

conjunction with preamble to the Schedule, if any, shall prevail over those provided in Specification and Drawings.

4. Between two issues of the same document, the document revised or re-issued

as of the later date shall prevail. 5. All Specifications, Drawings and other documents shall be interpreted in

conformity with these General Conditions of Contract as supplemented by and/or modified in the Special Conditions.

6. Wherever a Lumpsum Price for the Work is stipulated in the Award, the

quantities stipulated in the “Schedule of Units and Quantities”, if any, shall be disregarded in construing this Contract, and CONTRACTOR shall perform all the Work as envisaged in this CONTRACT including the Specifications and Drawings and CONTRACTOR shall be paid only the amount of such Lumpsum price in consideration thereof.

C. All dimensions marked on the Drawings are to be taken as correct in preference

to measurements by scale.

D. CONTRACTOR shall bring to the attention of ENGINEER any obvious errors, omissions or discrepancies in the Specifications, Contract Drawings or other documents and shall request clarification from ENGINEER, whose decision shall be final and binding on and conclusive to the Parties. If work is done incorrectly because of failure to obtain this clarification from ENGINEER, CONTRACTOR shall correct such work at his own expenses.

34.00 CONDITIONS UNDER WHICH WORK MAY BE CAUSED TO BE COMPLETED BY

OWNER.

A. If CONTRACTOR shall, at any time in the judgment of ENGINEER, fail to engage enough properly skilled workmen or materials, plant, equipment, tools, facilities and supplies of the proper quality or fail to execute the Work with promptness and diligence or fail to make prompt payment to sub contractors or for materials or labour or fail in performance of any of his obligations within the intended meaning of this CONTRACT as provided for herein and shall within three (3) days after receipt of written notice from ENGINEER, fail to remedy or commence to remedy any such defaults or shall interefere with or disrupt or threaten to interefere with or disrupt the work or any portion thereof in any manner, whether by reason of labour disputes, shortage of labour, materials or otherwise or if the presence of CONTRACTOR or his agents or employees upon OWNER‟s premises or the fact that this CONTRACT has been made results in acts by third parties, which interefere with or disrupt the work or any portion thereof in any manner, whether by reason of a labour dispute, picketing, boycotting or otherwise or if a petition in bankruptcy shall be filed by or against CONTRACTOR or CONTRACTOR shall become insolvent,




OWNER may, in any such event, terminate this CONTRACT with immediate effect or may exclude CONTRACTOR and his employees, sub-contractors and agents from the work or any portion thereof without terminating this CONTRACT.

Having exercised either of the above options, the work may be finished by ther agencies to be appointed by OWNER and for that purpose the agency so appointed shall be authorised to enter upon the premises and take charge of all materials, tools, equipment, facilities and supplies thereof and may have the work so taken over finalised by whatever method OWNER may deem expedient.

B. CONTRACTOR shall not be entitled in any such event as aforesaid to receive any further payment under this CONTRACT until such Work shall be wholly finished and maintained as determined by OWNER and all Payments shall be subject to Article 36F Final Payment. CONTRACTOR shall be entitled to payment only for the work performed by CONTRACTOR prior to the time of termination or exclusion as provided in paragraph A above. However, should any excess cost, expenses or any damages be incurred in completing the work, CONTRACTOR shall pay OWNER, such excess cost, expenses and/or damages as may be determined by OWNER whose decision in regard to the quantum shall be final and binding on and conclusive to the Parties and such cost, expenses or damages may be deducted or retained by OWNER in accordance with the provisions of the CONTRACT.

C. Any unused materials, tools, equipment, facilities and supplies furnished by

CONTRACTOR for the work shall be returned to CONTRACTOR following the completion thereof.

D. The cost and expense of completing the work, as herein provided and any damage

incurred through default of CONTRACTOR shall be audited and certified by OWNER, whose certificate thereof shall be final and binding and conclusive to the Parties.

E. In the event this CONTRACT is terminated as aforesaid, CONTRACTOR shall not

be released from any costs, expenses, penalties or damages which may be assessed against or levied on the CONTRACTOR.

35.00 USE OF COMPLETED PORTIONS OR ITEMS OF WORK

A. Whenever, as determined by ENGINEER/OWNER any portion or item of work

performed by CONTRACTOR, is in a condition suitable for use and require such use in the best interests of the Work, OWNER may cause the same to be taken over and used. Such use by OWNER shall, in no case, be construed as constituting final acceptance and shall neither relieve CONTRACTOR of any of his responsibilities under the CONTRACT nor act as a waiver of any of the conditions thereof provided that CONTRACTOR shall not be liable for the cost of repairs, rework or renewals which may be required owing to ordinary wear and tear resulting from such use.

B. If, as a result of CONTRACTOR‟s failure to comply with the provisions of this

CONTRACT. CONTRACTOR has to perform work on the portion or item of work being used, such operation or use may continue until such portion or item of work can without injury to




the WORK be taken out of service provided that the period of such operation or use pending completion of appropriate remedial action, shall not exceed twelve (12) months, unless otherwise mutually agreed upon in writing between the parties hereto. Nothing contained herein shall prejudice the right of OWNER or ENGINEER for claiming damages for any delay in completion of work or extra costs involved.

C. CONTRACTOR shall not use any permanently installed equipment unless such use

is approved in advance by ENGINEER in writing on such terms as may be stipulated in such approval. Where CONTRACTOR‟s written request is granted for the use of certain equipment, CONTRACTOR shall properly use and maintain the equipment. Upon completion of its use and at his expense, repair, if necessary, such equipment to the satisfaction of ENGINEER.

36.00 PAYMENTS

A. ADVANCE PAYMENTS

I. Normally mobilisation advance will not be paid. However, in exceptional case, if the same

is agreed to, the OWNER may approve payment of the following advance to CONTRACTOR to the extent and under the conditions as may be stipulated by OWNER at his entire discretion. Such advance payments shall carry interest at State Bank of India‟s lending rate.

1. Initial mobilisation advance against Bank Guarantee in favour of the OWNER from

any Nationalised / Scheduled Bank and in the format approved by the OWNER.

2. Equipment brought to site against hypothecation of the said Equipment:- Advance against machinery shall be made only in respect of those machines, the requirement of which is approved by ENGINEER as being minimum and The value in case of second hand machinery being subject to the assessment of ENGINEER/OWNER.

3. The recovery of mobilisation advance and the advance against old/new machinery

shall be made on prorata basis during the period of Contract, starting from when 10% of the value of the Work is completed and recovered in full by the time 90% of the Work is completed. The OWNER, however, reserves the right to recover the full advance from the payments due to the CONTRACTOR in the event of termination of the CONTRACT or such circumstances that the necessity of advances is otherwise classified.

4. The value of Bank Guarantee furnished against mobilisation advance shall

progressively stand reduced to the extent recoveries are effected from the bills of CONTRACTOR towards the mobilisation advance.

II. Advance to the extent of 75 % against cost of imperishable materials brought to the work

site for incorporating in the Work, shall be paid at the sole discretion of the Owner.

Advance against materials to be incorporated in the item of Work brought to the work site shall be recovered from running bills prorata according to quantity of work billed for including wastage, if any.




B. PROGRESS PAYMENTS

1. OWNER shall pay to CONTRACTOR for such WORK as is performed by

CONTRACTOR and as certified by ENGINEER as being acceptable in accordance with the provisions of this CONTRACT. Payment shall be based upon the quantity of work IN PLACE as per terms stipulated in the CONTRACT.

2. CONTRACTOR shall submit to OWNER a fortnightly bill showing the unit of work IN

PLACE and the amounts claimed to be payable to CONTRACTOR in accordance with the terms and conditions of this CONTRACT. In case of a Iumpsum CONTRACT, OWNER may stipulate in the CONTRACT Progressive Payments as a percentage based on the Progress Work as certified by ENGINEER. Upon receipt by ENGINEER of said bill, ENGINEER shall review such bill and within Fifteen (15) clear days from submission shall,

a) Approve such bill and certify the same for payment

OR b) Approve part of the bill(s) and certify that part for payment, request further

clarifications / revisions from CONTRACTOR as to the balance and upon receipt of satisfactory clarifications/revisions from CONTRACTOR, certify the balance for payment

OR c) Reject the entire bill subject to further clarification/ revisions from

CONTRACTOR. Upon receipt by ENGINEER of satisfactory clarification/revisions to such rejected bill, ENGINEER shall approve and certify the clarified/revised bill for payment.

Payment for all bills shall be due from OWNER, except as otherwise provided herein within Fifteen (15) Clear Days of receipt by Owner ENGINEER‟s certification of such bills.




3. All equipment and materials brought to the Worksite by CONTRACTOR when sobrought shall be deemed to vest in OWNER without prejudice to the obligation ofCONTRACTOR for their safe custody. CONTRACTOR shall intimate to ENGINEER allequipment and material brought to the Worksite at the time of bringing to the Worksiteand the said Equipment and materials shall be subject to check byENGINEER/OWNER at all times. No such equipment or materials shall be removedfrom the Worksite by CONTRACTOR without the express written permission ofOWNER.

4.

Delay of Payment shall not be construed as a breach of this CONTRACT

5.

OWNER shall, in accordance with the Indian Income Tax Laws, withhold frompayments to be made to CONTRACTOR as advance Tax, all amounts as may berequired.

6.

Payments made pursuant to this CONTRACT by Owner shall not be construed asthe waiver of any breach hereof by CONTRACTOR or as an acceptance of defectiveWork or items of work not in conformity with the terms and conditions of thisCONTRACT.

7.

Progress payments shall be made as the Work progresses based upon quantities ofWork In Place, less appropriate adjustment.

OWNER or his designated representatives may verify the progress of thework at any time.

CONTRACTOR shall co-operate in permitting access, for verification of the progress work is being done or material is stored and shall provide safe and proper facilities at verification of progress.

8.

Ad hoc / Advance of 75% will be released against the work done as assessed by theENGINEER and on submission of progressive bill by the CONTRACTOR, pendingdetailed scrutiny/ verification by the ENGINEER. This will be adjusted fully on passingand releasing the full payment against the bill.

9.

All progressive payments shall be regarded as advances against final payment andnot as payment for Work done.

C.

LIQUIDATED DAMAGES




1.

The date(s) of completion of Work as stipulated in the CONTRACT includingvarious intermediate milestones fixed by Engineer shall be of the essence ofCONTRACT.

2. If, CONTRACTOR fails to complete the Work or the component part of the workwithin the stipulated completion date or the component milestone stipulated in theCONTRACT, CONTRACTOR shall pay to OWNER, as liquidated damages for suchdefault (unless extension of time is granted by Engineer as provided under Article32.0 hereof) for everyday which lapse between the date prescribed thus for and theactual date of completion of such component part of the Work, the amounts determinedon the basis of the percentages of the apportioned value of such components asspecified herein.

i) Delay for first 20 days 0.1 % per day. ii) Delay beyond first 20 days 0.15% per day.

Subject to maximum of 5% of the total CONTRACT VALUE.

3. OWNER reserves the right to waive the liquidated damages either in part or in full at his

sole discretion.

4. The payment or deduction or retention of such liquidated damages shall not relieve CONTRACTOR of the obligations and liabilities under this CONTRACT.

5. OWNER may recover, deduct or retain the liquidated damages as assessed above

from any moneys due or which may become due or payable to CONTRACTOR in this or any other Contract or in any other manner decided by the OWNER.

6. Liquidated damages as provided herein above relate only to delay in the

performance by CONTRACTOR of the Work or component part thereof and the parties hereto agree that such amount for such events are pre-estimated, fair and reasonable and acceptable to the parties.

7. Component Completion Milestone as used in this Article shall mean that point at which

the respective component is sufficiently complete to permit CONTRACTOR or others to proceed with subsequent steps towards completion of the Work or any portion thereof without interference from or with the immediate area or an adjacent area. OWNER/ENGINEER shall be the sole judge as to whether such Component Completion Milestone has been achieved and his decisions shall be final, binding and conclusive. Nothing in this paragraph shall be deemed to limit CONTRACTOR‟s obligations to complete all components to the satisfaction of ENGINEER/OWNER.

D. CONSEQUENTIAL DAMAGES




In case of Turnkey contracts, the Contractor will have to compensate the Owner towards Consequential Damages suffered by Owner due to time and / or cost overrun in completion of the turnkey projects. This will be in addition to the Liquidated Damages leviable.

E. CLAIMS AND DEDUCTIONS

1. CONTRACTOR shall send to ENGINEER/OWNER once each month an account giving

full and detailed particulars of all claims for any additional expense(s), to which CONTRACTOR may consider himself entitled and of all Extra Work(s) ordered by ENGINEER which he has executed during the preceding month and no claim for payment for any such work(s) will be considered as has not been included in such particulars, provided always that OWNER shall be entitled to authorise payment to be made for any such work(s), notwithstanding CONTRACTOR‟s failure to comply with this condition of CONTRACT, if he has, at the earliest practicable opportunity, notified OWNER / ENGINEER in writing that he intends to make a claim for such work.

2. All costs, charges or expenses, which OWNER may have paid to others for

which, under this CONTRACT, CONTRACTOR is liable and all costs, claims, charges, damages or expenses to which OWNER and/or ENGINEER are entitled to receive from CONTRACTOR under this CONTRACT may be retained by OWNER from or set-off against any money payable by OWNER to CONTRACTOR under this CONTRACT or any other contract, without prejudice to the right of OWNER and/or ENGINEER, to recover such costs, claims, charges, penalties or expenses as otherwise provided by or under law.

F. FINAL PAYMENT

Final payment of all sums due to CONTRACTOR shall be made as follows:

1. On completion of the work(s) and acceptance thereof, CONTRACTOR shall prepare a

final bill of all the works performed by him under the CONTRACT and submit the same for certification by ENGINEER within a period of 60 days of the completion of Work.

2. ENGINEER shall verify the bill and check the admissibility thereof under the

CONTRACT, determine the liquidated damages, consequential damages, if any, recoverable from CONTRACTOR, make appropriate adjustment for all recoveries and advances and certify to OWNER that the work under CONTRACT is duly performed by CONTRACTOR and the amount, if any, payable or recoverable from CONTRACTOR.

3. Final payment of all sums, if any, due to CONTRACTOR shall be made by

OWNER..OWNER having always the right to recheck the bill of CONTRACTOR fully.

4. CONTRACTOR shall provide ENGINEER and OWNER with a certificate satisfactory




to both that all privileges, liens, claims, obligations and liabilities against or chargeable to ENGINEER or OWNER have been fully paid, satisfied and released and that CONTRACTOR has no claim(s) against OWNER and/or ENGINEER

37.0 SECURITY DEPOSITS

A. Within 15 days of the award of the CONTRACT, CONTRACTOR shall deposit with

OWNER an initial Security Deposit of 3% (three percent) of the Contract Value and the same shall be in cash or in any of the following forms.

1. Demand drafts drawn in favour of OWNER from any Nationalised / Scheduled

Bank. 2. Bank Guarantee in prescribed Proforma (attached), executed by a Nationalised

Bank / Scheduled Bank. If the bank guarantee is from a non-Indian Bank, the same shall be got stamped at Bangalore, karnataka State, India, by the Foreign Banker‟s Associates / Subsidiaries or agents in India, in accordance with the laws applicable in State of Karnataka, India.

B. If CONTRACTOR fails to provide the security within the period specified, such failure

will constitute a breach of the Contract and the Owner shall be entitled to award the work elsewhere at CONTRACTOR‟s risk and cost.

C. No claims shall lie against OWNER either in respect of interest due, if any, on

security deposits or depreciation in their value.

D. As and by way of additional security, from every progressive bill of CONTRACTOR, Security Deposit at the rate of 7% of the Gross Value of such bill as determined before payment shall be retained by OWNER or CONTRACTOR can submit additional Security Deposit by Bank guarantee.

E. Whenever the Security Deposit is furnished by CONTRACTOR in any form other than

cash or Demand Draft, CONTRACTOR shall be entirely responsible to keep such form of security deposit enforceable by OWNER by extending the validity thereof, if required, by removing the restrictions thereon, within one month before the due date of expiry and keep them enforceable until released by OWNER after the period of maintenance.




F. The Security Deposit shall remain at the entire disposal of OWNER as a security for satisfactory execution and completion of the Work(s). OWNER shall be at liberty to deduct and appropriate from the Security Deposit such damages (liquidated or otherwise) and other dues and recoveries from CONTRACTOR under this CONTRACT and the amount by which Security Deposit is reduced by such appropriations will be made by further deductions from CONTRACTOR‟s subsequent bills to that extent as to make up the Security Deposit to the full.

G. Notwithstanding anything to contrary, in as much as the Security Deposit is to be in

cash with OWNER, OWNER shall be entitled to enforce any of the approved forms of Security Deposit furnished by CONTRACTOR at any time and realise cash thereof irrespective of whether or not CONTRACTOR disputes such right. However, if CONTRACTOR obtains the extension of the time limit, if any, for the enforceability of such form of Security Deposit and intimates OWNER of such extension within one month before expiry, OWNER may not enforce such form of Security Deposit, unless it has otherwise become enforceable.

H. On due and satisfactory performance of all the obligations of CONTRACTOR under

this CONTRACT including completion of work in all respects carrying out the obligations of CONTRACTOR during Period of Maintenance, Security Deposit shall be released by OWNER subject to recoveries, deductions and retentions there from as provided under the CONTRACT.

38.00 PERIOD OF MAINTENANCE AND MAINTENANCE CERTIFICATE

A. To the extent that the work shall, at or as soon as practicable after the expiry

of the Period of Maintenance, be delivered upto OWNER in as good and perfect condition (fair wear and tear excepted) to the satisfaction of OWNER, as that, in which they were at the commencement of the Period of Maintenance, CONTRACTOR shall execute all such work of repair, modification, reconstruction, rectification and making good of defects, imperfections, shrinkages or other faults as may be required on CONTRACTOR in writing by ENGINEER / OWNER during the Period of Maintenance or within fourteen days after the expiry as a result of an inspection made by or on behalf of OWNER prior to its expiry. The decision of OWNER shall be final, conclusive to and binding on the Parties in this regard.

B. All such work shall be carried out by CONTRACTOR at his own expense if

the necessity thereof shall, in the opinion of ENGINEER/OWNER, be due to the use of material or workmanship not in accordance with this CONTRACT or to neglect or failure on the part of CONTRACTOR to comply with any obligation expressed or implied on CONTRACTOR‟s part under this Contract. If, in the opinion of ENGINEER/OWNER, such necessity is due to any other cause, the value of work shall be ascertained and paid for as if it was Extra Work. In case the CONTRACTOR fails to keep the required work force at Site during




maintenance period, the OWNER reserves the right to change / replace any portion of the work without waiting for the CONTRACTOR, if the same is essential for keeping the operations running. The cost of such work will be recovered from the CONTRACTOR.

C. If CONTRACTOR fails to do any such work as aforesaid required by

OWNER/ENGINEER, OWNER shall be entitled to have such work carried out at CONTRACTOR‟s own cost and OWNER shall be entitled to recover from CONTRACTOR the cost thereof or may deduct the same from any money payable to CONTRACTOR or otherwise.

D. CONTRACTOR shall, if required by ENGINEER/OWNER in writing, search for

the cause of any defect, imperfection or fault under the directions of ENGINEER. Unless such defects, imperfection or fault shall be one, for which CONTRACTOR is not liable under this CONTRACT, the cost of the work carried out by CONTRACTOR is not liable under this CONTRACT, the cost of the Work carried out by CONTRACTOR in searching as aforesaid, shall be borne by OWNER. But if such defect, imperfection or default shall be one for which CONTRACTOR is liable as aforesaid, the cost of work carried out in searching as aforesaid, shall be borne by CONTRACTOR and he shall, in such case, repair, rectify and make good such defect, imperfection of default at his own expenses to the satisfaction of ENGINEER/OWNER. The decision(s) of ENGINEER / OWNER in these respects shall be final and binding on and conclusive to the Parties.

E. The work shall not be considered completed, until the work shall have been

completed and maintained to ENGINEER/OWNER‟s satisfaction. The Maintenance Certificate shall be given by ENGINEER fourteen days after the expiration of the period of maintenance on the request of CONTRACTOR, or as soon thereafter, as any work ordered during such period, shall have been completed to the satisfaction of OWNER/ENGINEER and full effect shall be given to this Article, notwithstanding any previous entry on or the taking possession of or using thereof.

F. No certificate other than the Maintenance Certificate referred to above shall

be deemed to constitute approval of any work or other matter in respect of performance of this CONTRACT or any part thereof or the accuracy of any claim or demand made by CONTRACTOR or of Extra Work, having been ordered by OWNER or should any other certificate conclude or prejudice any of the powers of ENGINEER/OWNER.

G. ENGINEER/OWNER may by any certificate make any correction or modification

in any previous certificate, which shall have been issued by him and shall have the power to withhold any certificate if the work or any item hereof is not being carried out to his satisfaction.




H. No claim by CONTRACTOR for any matter or thing arising out of or in

connection with this CONTRACT or the execution of the Work shall be considered unless CONTRACTOR shall have made a claim in writing in respect thereof before giving of the Maintenance Certificate.

I. Period of Maintenance shall be calculated from the date of completion of the

Works certified by ENGINEER

J. The period of maintenance shall cover a period of twelve (12) months

(unless otherwise specified in the (CONTRACT) after a final certificate of the completion of the work has been issued by ENGINEER as stated above.

39.00 RESPONSIBILITY FOR SAFETY

CONTRACTOR shall comply safety regulations as per statutory requirement under The Factory Act and other relevant statutes.

A. The safety of all persons employed by CONTRACTOR and his SUB-

CONTRACTORS on the work site or any other person who enters upon the work site for reasons relating to this CONTRACT, shall be the sole responsibility of CONTRACTOR and CONTRACTOR shall defend, indemnify and save harmless OWNER and ENGINEER from / and against any actions, claims, damages, cost resulting from death to or injuries sustained by these person(s), on the work site. Statutory regulations for safety of workers shall be followed and the workmen provided with necessary safety gadgets.

B. Contractor shall at all times maintain good order among his employees and shall

not employ on the work site any unfit person or anyone not skilled in the work assigned to him Contractor shall confine his employees and all other persons, who come on to the work site at Contractor‟s request or for reasons relating to this CONTRACT, and confine his equipment to that portion of the Work where the work under this CONTRACT is to be performed or to roads leading to and from, such work sites and to any other area which ENGINEER/OWNER may permit CONTRACTOR to use.

C. CONTRACTOR shall take all reasonable measures and precautions at all

times to prevent injuries to or the death of any of his employees or any other person who enters upon the project. Such measures and precautions shall include, but shall not be limited to, all safeguards and warnings necessary to protect workman and others against any conditions on the portion of the WORK which could be dangerous and to prevent accidents of any kind whenever work is being performed in proximity to any moving or operating machinery, equipment




or facilities, whether such machinery, equipment or facilities are the property of or are being operated by CONTRACTOR, his sub-contractors, OWNER / ENGINEER or other CONTRACTOR or other persons.

D. It is understood that if employees of ENGINEER/OWNER perform any acts for

the purpose of discharging the responsibility undertaken by CONTRACTOR in this article, whether requested to perform such acts by CONTRACTOR or not, such employees of OWNER or ENGINEER, while performing such acts, shall be considered the agents and servant of CONTRACTOR, subject to the exclusive control of CONTRACTOR

40.00 EXPLOSIVES AND HAZARDOUS MATERIALS.

40.01 The character, storage and method of use of all explosives / hazardous materials shall

be subject to and in conformity with any applicable laws, ordinances and/or regulations. In case of blasting, the hours during which blasting operations may be carried out shall be subject to the approval of ENGINEER/OWNER.

41.00 INDEMNITY

A. CONTRACTOR shall defend, indemnify and save harmless ENGINEER and

OWNER, their Officers, Directors, Servants and Employees from and against any and all expenses and cost (including court cost and attorney‟s fees), damages or liabilities of any kind or nature whatsoever, which may arise out of or result from any claims, demands, causes of action and/or judgements stated or obtained by or threatened to be instituted by CONTRACTOR, his employees, other contractors, any third party or any person or persons including, but not limited to, property damage or the death or injury of any person resulting from any defects, faults, shortages, errors, omissions, neglect, whether deliberate or accidental or wilful misconduct of CONTRACTOR, his agents, servants or sub-contractors, in the use, occupation, ownership of property or the performance of any work undertaken by CONTRACTOR, his agents, servants or sub-contractors. These obligations shall survive the completion, cancellation or termination of this CONTRACT.

B. Should ENGINEER or OWNER deem himself insecure as to the ability of

CONTRACTOR to so indemnify, ENGINEER/OWNER may demand that CONTRACTOR promptly provide reasonable assurance in form and substance satisfactory to OWNER, of CONTRACTOR‟s ability to comply with the provisions of this Article. CONTRACTOR‟s failure to provide such satisfactory assurance shall be a sufficient ground for termination of this CONTRACT OWNER shall have the final decision of the satisfactoriness of any such assurance and OWNER‟s decision shall be final and binding.




42.00 INSURANCE

A. CONTRACTOR shall maintain and require his sub-contractors to maintain in full force and effect, from Insurance Companies in India acceptable to OWNER from the time of execution of this CONTRACT.

1. All such Insurances as are required by law concerning the ownership,

operation or use of any motor vehicles, specifically including liability insurance protection

2. Such Insurance(s) in such amounts to cover such risks as shall be required by OWNER.

3. CONTRACTOR shall obtain and maintain such Insurance(s) as will protect

CONTRACTOR and OWNER from claims under any employee benefit laws, workmen‟s compensation laws and disability benefit laws, from claims of damages because of bodily injury, occupational sickness or disease or death of any of CONTRACTOR‟s employees resulting from or relating to the Work.

4. CONTRACTOR shall obtain and keep in full force arid effect Insurance(s) of

such types and for such amounts as are required by Indian Laws, Ordinances or Regulations.

B. CONTRACTOR shall submit copies of such policies and coverage for written

approval by ENGINEER/OWNER.

C. CONTRACTOR shall ensure that the insurer furnishes ENGINEER/OWNER with evidence of such Insurance(s), a copy of the issued policy and any amendments thereto and prompt notification of any cancellation or termination thereof. Should CONTRACTOR default in paying any premium when due, OWNER, without prejudice to other remedies set forth in this CONTRACT shall be at liberty to pay such premium and recover the same from CONTRACTOR.

D. Any such insurance requirements are hereby established as the minimum

policies and coverages which CONTRACTOR must secure and keep in force. CONTRACTOR shall, at all times, be free to obtain additional or increased coverage at CONTRACTOR‟s sole expense.

E. The provisions contained within this Article are not intended and do not impair

or in any manner limit the liabilities or obligation assumed by CONTRACTOR as may be set forth more fully elsewhere in this CONTRACT.




43.00 LABOUR LAWS

CONTRACTOR shall comply with any and all laws, ordinances, regulations and decisions of courts (which shall be deemed to be a part of this CONTRACT) concerning the health, sanitary arrangements, wages, welfare, safety and employment of any and all of his workers upon the work site or any portion thereof and shall exclusively bear the consequences of failure to comply therewith. CONTRACTOR shall indemnify and hold ENGINEER and OWNER harmless from any claims, fines or penalties which may be made against ENGINEER or OWNER as a result of CONTRACTOR‟s failure to fulfill these obligations.

Without limiting the generality of the foregoing, CONTRACTOR shall fully comply with the following:

A. CONTRACTOR shall not employ children below the age stipulated under

law.

B. Minimum Wages Act: CONTRACTOR shall comply with the provisions of the Minimum Wages Act and any Rules made thereunder by any Government in respect of all employees employed by him in carrying out this CONTRACT. CONTRACTOR shall pay the employees wages not less than the minimum rates of wages, if any, fixed by such Government for that Category (including wages, payable for weekly holidays contemplated under the Minimum Wages Act).

CONTRACTOR, subject to the authority given to ENGINEER under the paragraphs of this Article and subject to OWNER‟s right to control access to the project, shall have full control of labour employed by CONTRACTOR on or about the work, with the power to employ and discharge and CONTRACTOR shall fulfil his obligations to pay or cause to be paid wages or compensations made applicable by any laws, ordinances or regulations promulgated by the Government of India or any State Government or local authorities. In the event of failure of CONTRACTOR to disburse wages due to his own and sub-contractors labour, the OWNER reserves the right to effect such payments directly and adjust the same against amount due to the CONTRACTOR.

CONTRACTOR shall, at all times indemnify OWNER against all claims arising out of provisions of such Minimum Wages Act and any Rules framed thereunder as admissible in respect of any workman employed by CONTRACTOR in carrying out this CONTRACT and against all costs and expenses incurred by OWNER in connection with and without prejudice to other means of recovery. OWNER shall be entitled to deduct from any moneys due or to become due to CONTRACTOR (whether in this CONTRACT or any other Contract) all money paid or payable by OWNER by way of wages and other dues (including compensation, penalty, if any, imposed for committing breach of any provision of any such act by CONTRACTOR) in connection with any claim thereto and CONTRACTOR shall abide by the decision of OWNER as to sum




payable by CONTRACTOR under the provisions of this paragraph.

CONTRACTOR shall ensure payment of minimum wages not only as existing at the time of award but also as may be notified by statutory authorities.

C. CONTRACTOR shall comply with all the provisions of the Contract Labour

(Regulation and Abolition) Act and the Rules made thereunder. CONTRACTOR shall get his establishment registered and/or obtain Licence, as the case may be, from the authorities declared under the said Act and Rules and intimate OWNER before starting the work under this CONTRACT. If CONTRACTOR fails to obtain the licence before commencement of the work, ENGINEER/OWNER shall have the right to terminate this CONTRACT without any reference to CONTRACTOR and in such case CONTRACTOR shall be liable to pay all the expenditure and cost incurred or may be incurred owing to cancellation of this CONTRACT.

CONTRACTOR shall ensure, as provided in the said Act, that the disbursement of wages to his direct and indirect labour is made in the presence of the authorized representative of OWNER. CONTRACTOR shall give for this purpose prior notice to the authorized representative of OWNER at least 48 hours prior to the time of actual payment of wages regarding the date, place and time at which the disbursement of wages is to be made for his direct and indirect labour. CONTRACTOR shall also ensure that the payment to his indirect labour is made on the same date and time and at the same place where his direct labourers are paid. Further, the payment of wages by CONTRACTOR to his direct labourers shall be made only on working days and only at this place of work and not otherwise. In case the total strength of the direct and indirect labourers of all the work that CONTRACTOR is executing exceeds at any time the strength of the workers specified in his licence, it shall be CONTRACTOR‟s responsibility to ensure that his licence is modified for the increased strength prior to the engagement of such additional direct and indirect labourers.

D. CONTRACTOR shall, at all times, indemnify OWNER against all claims for

compensation under the provision of the Workman‟s Compensation Act 1923 (viii of 1923) or any other law for the time being in force by or in respect of, any workmen employed by CONTRACTOR in carrying out this CONTRACT and against all costs and expenses or damages incurred by OWNER in connection there with and without prejudice to any other means of recovery. OWN ER shall be entitled to deduct from any money payable to CONTRACTOR (whether under this CONTRACT or any other contract) all money paid or payable by OWNER by way of compensation aforesaid or for costs or expenses in connection with any claim thereto and CONTRACTOR shall abide by the decision of OWNER as to the sum payable by CONTRACTOR under the provisions of this paragraph.




E. In respect of labourers directly or indirectly employed on the work, CONTRACTOR shall provide at his costs, reasonable facilities for securing proper working and living conditions such as water supply, lavatories, bathing places, cleanliness etc. Where women labour is employed, urinals and lavatories shall be provided separately by CONTRACTOR for male and female workers as well as crèches for the infant children of women labourers. Labourers engaged on hazardous jobs and occupations shall be provided with necessary safety appliances by CONTRACTOR free of charge. CONTRACTOR shall provide hutments for labourers employed on the work.

F. CONTRACTOR‟s establishment will be subject to inspection, investigation

etc., by ENGINEER/OWNER for assuring proper and faithful compliance of the provision of this CONTRACT by CONTRACTOR with regard to the implementation of Labour Laws and other matters anticipated herein. CONTRACTOR shall abide by the decisions and orders of ENGINEER/OWNER with regard to any such mailer and furnish, if required, necessary compliance report within the stipulated time.

G. CONTRACTOR shall be responsible for the observance of the provisions of this

clause by subcontractors employed by him in the execution of this CONTRACT. H. H CONTRACTOR shall comply with the provisions of the Payment of Wages Act,

1936 and Rules made thereunder in respect of all employees employed by him in carrying out this CONTRACT.

I. CONTRACTOR shall comply with all the provisions of Employees Provident Fund and

Misc. Act 1952, Rules and Schemes made thereunder. CONTRACTOR shall get his establishments covered under the said Act, Rules and Schemes made thereunder and intimate to the OWNER the Account Number allotted or any other arrangement approved by the concerned authorities before starting working under this Contract. If CONTRACTOR fails to comply the aforesaid before commencing the work, ENGINEER/OWNER shall have the right to terminate this CONTRACT without any reference to the CONTRACTOR and in such cases, the CONTRACTOR shall be liable to pay to the ENGINEER/OWNER all the expenses and cost incurred or may be incurred owing to the cancellation of this CONTRACT. The ENGINEER/OWNER shall also have the right to recover any penalties levied by the concerned authorities for any failure on the part of the CONTRACTOR,

J. The CONTRACTOR shall comply with all the Provisions of the Factory Act, Rules and Regulations made thereunder.

K. The CONTRACTOR shall comply with all the provisions of the Maternity Benefit Act 1961 and Rules made thereunder in respect of female workers, if any engaged by them.

L. The CONTRACTOR shall furnish all the information required by the OWNER

monthly or at such intervals to enable the OWNER to satisfy himself that all




labour and welfare measures prescribed by Law have been fulfilled by the CONTRACTOR from time to time.

44.00 CONFIDENTIALITY: TITLE TO DRAWINGS AND TECHNICAL DOCUMENTATION

A. Title to all technical data including, but not limited to, Specifications, Drawings,

Bills of materials, How Diagrams, Layout details and the contents thereof, furnished by ENGINEER to CONTRACTOR shall remain with ENGINEER or with OWNER as the case may be.

1. Such data shall not be used or divulged to others by CONTRACTOR except

to the extent necessary in connection with CONTRACTOR‟s performance hereunder.

2. CONTRACTOR shall use his best efforts to prevent any disclosure of such

data to others by CONTRACTOR‟s personnel and shall take all reasonable steps necessary to prevent such disclosures.

3. At ENGINEER‟S request, any Specifications, Drawings or other technical data

furnished to CONTRACTOR by ENGINEER shall be returned to ENGINEER/OWNER upon

a) Complete or partial termination, as provided for herein, of CONTRACTOR‟s services:

or, b) Completion of the Work.

B. CONTRACTOR shall not have any title in Specifications, Drawings, Bills of

materials, Diagrams, Reports, Layout details, Memorandum as well as any other technical data and the contents thereof whether prepared by ENGINEER or CONTRACTOR and ENGINEER/ OWNER, as the case may be, shall have the full title thereof, such materials and data shall not be used or divulged to others by CONTRACTOR except to the extent necessary in connection with CONTRACTOR‟s performance hereunder.

C. The provisions relating to confidentiality of technical data as set forth above

shall not apply to technical data which

1. In the case of data furnished to CONTRACTOR by ENGINEER were known to CONTRACTOR prior to the time they were furnished in and in the case of data prepared thereunder or by any third party under CONTRACTOR‟s direction, were known to CONTRACTOR or such third party prior to their preparation hereunder (except if CONTRACTOR and/or such third party are prohibited from disclosing such technical data by separate prior agreement) ; or




2. Is or later becomes generally available to public; or

3. Is received from third parties having a bonafide right to make such disclosure.

D. CONTRACTOR, before making disclosure to third party of any of the

information referenced in this Article, shall obtain a written commitment from such third party to abide by the provisions of this Article, Such commitments shall be approved by ENGINEER and shall expressly set forth the provisions contained in this Article and shall be signed by such third party,

E. No part of this CONTRACT nor any information relating to the project or any

portion thereof shall be made public by CONTRACTOR in any manner without the prior review and written consent of ENGINEER. In addition, CONTRACTOR shall not make public any information related to the progress of the work or any portion thereof.

F. Obligations arising under this Article shall survive complete termination of this CONTRACT.

45.00 CO-OPERATION WITH OTHER CONTRACTORS

45.01 CONTRACTORS and his sub-contractors, if any, shall co-operate with

OWNER/ENGINEER and other contractors on the project and shall so carry out their work so that other Contractors shall not be hindered, delayed or interfered with, in the progress of their work and so that the Work shall be properly and expeditiously completed. CONTRACTOR shall also plan his operations as to avoid interefence with the operations of OWNER or other Contractors or sub-contractors on the work site any portion thereof or other items of work in the area. Where precedence of the work between various Contractors is involved, the decision of ENGINEER/OWNER shall be final and without recourse.

46.00 STORAGE

46.01 CONTRACTOR shall provide or cause to be provided all storage yards, transit sheds

and warehouses necessary for the performance of his work at locations approved by ENGINEER / OWNER. Material supplies, equipment and plant stored by CONTRACTOR shall be effectively protected against pilferage and against damage by the elements. CONTRACTOR shall adopt all procedures, maintain all personnel and keep all records so that at all times CONTRACTOR can account for

- store receipts - storage locations




- inventories - disbursements - final destinations

of all stored items received for CONTRACTOR‟s work on the Works or/ and portion thereof.

47.00 PRIVILEGES

47.01 CONTRACTOR shall also pay, satisfy and discharge liens and all claims, obligations

and liabilities which may be asserted against ENGINEER or OWNER or his property by reason of or as a result of any acts or omissions of CONTRACTOR, his employees, representatives, licencees or suppliers or his sub- contractors, in connection with or relating to the performance of this CONTRACT.

48.00 INVENTIONS AND PATENTS

A. If any officer or employee of CONTRACTOR, during the performance of the Work,

makes any invention directly related to the project, such invention shall be promptly disclosed to ENGINEER and OWNER.

B. CONTRACTOR agrees to indemnify, save and defend harmless

ENGINEER/OWNER from and against any and all suits, legal proceedings, claims, demands, damages, costs and attorney‟s fees incidental to any infringement or to any claimed infringement of any patent or patents in the manufacture, sale or use of any materials or apparatus furnished by CONTRACTOR under this CONTRACT. ENGINEER and/or OWNER may be represented in any such or legal proceedings by attorneys of their own selection.

49.00 REPORTS AND RECORDS

A. Within Fifteen (15) days of the award, Contractor shall submit to

ENGINEER/OWNER, CONTRACTOR‟s programme, the content and form of which shall be satisfactory to OWNER / ENGINEER, showing the order of procedure and method in which he proposes to carry out the work and time limit and sequence of carrying out the work and shall, whenever required by ENGINEER/OWNER, furnish for his information particulars in writing of CONTRACTOR‟s arrangements for the carrying out of the Work and constructional plant and temporary works which CONTRACTOR intends to supply, use or construct as the case may be, The approval by ENGINEER/OWNER of such programme or the furnishing of such particulars shall not relieve CONTRACTOR of any of his duties or responsibilities under this CONTRACT.

B. CONTRACTOR shall submit to ENGINEER/OWNER by the Fifth (5) day of




each month for each part of his Work under this CONTRACT and in summary.

1. A month by month forecast and a historical record upto completion of his requirements and actual use of:

- manpower by craft, type and position or other description.

- materials and supplies including quantity on hand and delivery status.

- construction equipment and plant furnished by CONTRACTOR.

2. A month by month forecast upto completion of the amount of work done

and the amount remaining to be completed and all historical record of the work performed.

3. Such other reports as ENGINEER/OWNER may from time to time specify.

50.00 MEASUREMENTS

A. The mode of measurement shall be in accordance with Bureau of Indian Standard Specifications as laid down in BIS 1200 unless otherwise specified to the contrary. In the event BIS does not specify any mode of measurement for a particular item of work, the same shall be measured as directed by ENGINEER/OWNER.

B. ENGINEER shall, unless otherwise stated, ascertain the value and work done in accordance with this CONTRACT. ENGINEER shall, when he requires any part or parts or the work to be measured, give notice to CONTRACTOR who shall forthwith attend or send a qualified agent to assist ENGINEER or ENGINEER‟s representative in making such measurement and shall furnish all particulars required by either of them. Should CONTRACTOR not attend or neglect or omit to send such agent, then the measurement made by ENGINEER or approved by him shall be taken to be the correct measurement of the work.

C. RECORDS OF MEASUREMENTS

I. Progress payments of all Work in place will be on the basis of measurement

sheet/books.

II. All pages of measurement books/sheets shall be machine numbered. All receipts and issues of measurement books/sheets shall be recorded in a register. The eventual return of all measurement books/sheets shall be recorded and carefully preserved.

D. DETAILED MEASUREMENT




All measurement shall be neatly written on the measurement books/sheets. Each set of measurments shall commence with entries stating

a) Full Name of Work as given in the Contract. b) Location of work. c) Name of CONTRACTOR. d) Date of CONTRACT entered into with CONTRACTOR. e) Date of Commencement of work, f) Date of completion of work. g) Date of measurement.

At the end of measurements, dated signature, designation of the person, who recorded the measurements shall be made.

E. CONTRACTOR‟s SIGNATURE ON MEASUREMENT BOOK

51.00 T A XES

Measurements entered in the Measurement Book shall invariably be signed by CONTRACTOR or his authorised agent in token of his acceptance. Should CONTRACTOR fail to sign, ENGINEER shall note this in such Measurement Book and the measurements recorded by ENGINEER shall be final and binding on and conclusive to the Parties. 51.01 CONTRACTOR shall pay all contributions, fees, taxes and premiums payable under

all applicable laws relating to the employment and/or measured upon the payroll of employees engaged in the performance of work under CONTRACT and all sales tax, excise, octroi, royalty, transportation, privilege, occupational and other taxes and duties applicable to Equipment, materials and supplies furnished or work performed which CONTRACTOR is required by law to pay and shall keep harmless OWNER from liability for such contributions, premiums and taxes. Under no circumstances shall CONTRACTOR be reimbursed for any income taxes or corporate taxes, fees or levies.

52.00 AUDIT

A. CONTRACTOR‟s accounts, related to the Work or any portion thereof shall be

available for audit by designated representatives of OWNER at all reasonable times.




B. Such representatives shall at all times be afforded proper facilities for inspection of CONTRACTOR‟s accounts and shall have access to CONTRACTOR‟s premises, work and materials, records, ledgers and vouchers of every description pertaining to CONTRACTOR‟s performance of this CONTRACT.

53.00 INDEPENDENT CONTRACTOR

53.01 In the performance of the work, CONTRACTOR shall act as an independent

Contractor and not as agent or employee of ENGINEER or of OWNER. 54.00 ASSIGNMENT

A. CONTRACTOR shall not assign this CONTRACT or sublet it in whole or in

part without prior written consent of OWNER, nor shall CONTRACTOR assign any moneys due or to become due hereunder without the prior written consent of OWNER. Any permitted assignment of subletting under this CONTRACT shall not release CONTRACTOR from his obligation to perform and any assignee or sub-contractor shall be considered the agent of CONTRACTOR and, as between the parties, hereto, CONTRACTOR shall be and remain liable as if no such assignment or subletting had been made.

B. Without restricting the foregoing, CONTRACTOR hereby agrees and undertakes

to include in his contract(s) with sub-contractor(s), in their essence, all the terms and conditions of this CONTRACT.

55.00 FORCE MAJEURE

A. Any delay, in or failure of performance of the CONTRACT by CONTRACTOR

or OWNER shall not constitute defaults by such party or give rise to any claim for damages against it, if and to the extent such delay or failure of performance is caused by acts of God, acts of war or hostilities, acts or omissions of Government, invasion, revolution, civil commotion, blockade, embargo, sabotage, fires, severe earth quakes, typhoons, cyclones, lightning, plague, epidemic or other act, omission or circumstances, (excluding monsoon) which are beyond the reasonable control of the parties affected which they could not have reasonably foreseen and guarded against and which by exercise of reasonable care and diligence, they are unable to prevent (hereinafter referred to as Force Majeure). ENGINEER/OWNER shall be the sole judge to decide whether or not an event is Force Majeure and decision is final and binding. Monsoon season is not considered a FORCE MAJEURE event.




B. The party affected by the occurrence of the event of Force Majeure shall promptly notify within 10 days of such occurrence to the other part hereto at its commencement and termination along with the copies of any documents, if any, showing the existing or termination of such event and its effect on the WORK. Delay occasioned by Force Majeure shall give rise to an extension of the time for performance of either party obligations under this CONTRACT commensurate with such delay.

C. Should CONTRACTOR or OWNER be prevented from fulfilling his obligations

as provided for under this CONTRACT by the existence of a cause of Force Majeure lasting continuously for a period of forty five (45) days, the party which is so prevented shall prior to the termination of the Force Majeure condition and after the expiry of the said period of forty five (45) days have the option to terminate this CONTRACT without further liability to either party, except that CONTRACTOR shall be paid for the work performed upto the date of such termination.

56.00 TERMINATION

Except as otherwise provided in Article 34, conditions under which the work may be caused to be completed, which Article, if applicable shall expressly, supersede the provisions of this Article, if either party hereto commits a breach of any of the terms and provisions contained in this CONTRACT and required to be observed/complied with on its part other than delay in payment or non-payment by OWNER and CONTRACTOR of any amounts when due, the party affected by such breach shall notify the other party of such breach and the party committing the breach shall have fifteen (15) clear days from the receipt of such notice to correct or commence action to correct such breach.

1. If the party committing the breach fail or neglect to remedy or commence action

to remedy such breach within the said fifteen (15) clear days from the date of service of the notice as aforesaid, the party affected by the breach may thereafter serve on the party committing the breach a written notice of seven (7) clear days terminating this CONTRACT.

2. In the event of termination of this CONTRACT by OWNER, as aforesaid, OWNER

subject to the provisions of paragraph (3) below shall pay to CONTRACTOR such amounts as may remain due and outstanding at the time of such termination in accordance with the terms and provisions of this CONTRACT.




3. If this CONTRACT is terminated by OWNER on account of breach of any of its terms and provisions which CONTRACTOR failed to remedy in spite of notices having been given to them as aforesaid, OWNER shall be entitled to make a claim on, and demand payment in respect thereof from CONTRACTOR for damages (including liquidated damages / consequential damages) arising as a result of such breach. For the purpose aforesaid, OWNER shall be entitled to deduct or retain amounts for such damages from moneys payable to CONTRACTOR any amount payable or which may become payable to CONTRACTOR in accordance with the terms and provisions of this CONTRACT.

4. If this CONTRACT is terminated by CONTRACTOR on account of breach of any

of its terms and provisions which OWNER failed to remedy in spite of notices having been given to him as aforesaid, CONTRACTOR shall be entitled to make claim and demand payment in respect thereof from OWNER for actual damages arising as a result of such breach.

5. OWNER shall have the right to terminate this CONTRACT hereunder on fifteen

(15) clear days notice without assigning any reason therefor, in which event OWNER will pay CONTRACTOR for all work performed upto the date of such termination in accordance with the Award. Such work performed shall be documented to the satisfaction of OWNER and OWNER shall take full credit for any amounts previously paid to CONTRACTOR. OWNER shall not pay or be liable to pay any damage or other claim by CONTRACTOR for his expected profit or interest on the value of the uncompleted items of Work and CONTRACTOR hereby waives any right of action in damages or otherwise against OWNER by reason of such termination.

57.00 MISCELLANEOUS

A. CONTRACTOR shall, at his own cost, provide the material for and execute all

temporary shoring, timbering and strutting and such other structures as are necessary during the execution of Work for stability and safety of all structures, excavations and work such that no damage, injury or loss is caused or likely to be caused to any person or property.

B. CONTRACTOR shall, at his own cost, provide such sheds, store houses

as OWNER/ ENGINEER may consider necessary for storing of materials and shall also, at his own cost provide all construction equipments.

C. Any demurrage charges that may be incurred owing to CONTRACTOR‟s failing

to unload or load the same on being called upon to do so, unload his own materials and equipments booked in the name of the OWNER will be debited to CONTRACTOR‟s account and shall be paid by him to the proper officer on demand or deducted from any sum which may be due to him from OWNER.




D. When work is being carried out in or around a running plant where the

plant must run uninterrupted, CONTRACTOR can only work at specified places and times mutually arranged. Progress of Work in certain areas might have to be expedited as required by ENGINEER/OWNER.

E. The use or sale of ardent spirits or other intoxicating beverages upon the work spot

and any other unlawful activities are strictly forbidden and CONTRACTOR shall strictly comply with these conditions.

F. Except where otherwise specified, CONTRACTOR, shall pay all tollage and other

royalties, rent and other payments or compensation (if any) for getting stone, sand, gravel, clay or other materials required for the Work or temporary works or any of them.

G. All operations necessary for the execution of the Work and for the construction of

any temporary works shall so far as compliance with requirements of the CONTRACT permits, be carried on so as not to interfere unnecessarily or improperly with the public convenience or the access to use and occupation of public or private roads, railway tracks and footpaths or to or of properties whether in the possession of OWNER or any other person and works of other Contractors and CONTRACTOR shall save harmless ENGINEER/OWNER and indemnify ENGINEER/OWNER in respect of all claims, demands, proceedings, damages, costs, charges and expenses whatsoever arising out of or in relation to any such matters.

H. CONTRACTOR shall use every reasonable means to prevent any of the

highways or bridges communicating with or on the routes to project from being subjected to extraordinary traffic of CONTRACTOR or any of his sub-contractors and in particular, shall select routes and use vehicles and restrict and distribute loads so that any such extraordinary traffic as will inevitably arise from the moving of plant materials and equipment from and to the project shall be limited so far as reasonably possible and so that no unnecessary damage or injury may be occasioned to such highways and bridges. Damages, if any, shall be rectified by the CONTRACTOR at his own cost.

I. Where the nature of the work is such as to require the use by CONTRACTOR

of waterborne transport, the foregoing provisions of this clause shall be construed as though highway included a lock, dock, seawall or other structural related to a waterway and vehicles included craft and shall have effect accordingly.




J. CONTRACTOR shall, in accordance with the requirements of ENGINEER/ OWNER, afford all reasonable facilities for any other contractors employed on the project and their workmen and for the workmen of OWNER and of any other properly authorised authority or statutory body, who may be employed in the execution on or near the location of any work not included in this CONTRACT or of any contract which ENGINEER/OWNER may enter into in connection with or ancillary to the project.

K. Should the general conduct of the work, including the premises of OWNER under

occupation of CONTRACTOR lead to infringement of the Indian Penal Code, either in consequence of the riotous or illegal proceedings of CONTACTOR‟s labour, supervising staff of others to such an extent as to necessitate the employment of Special Police or Magistrate, the cost of such extra force is to be defrayed by CONTRACTOR and not by ENGINEER / OWNER.

L. CONTRACTOR must take sufficient care in moving his construction plants and

Equipments from one place to another so that they may not cause any damage to the property of ENGINEER/OWNER or other person particularly to the overhead and underground cables and, in the event of his failure to do so, the cost of such damages, including eventual loss of working hours on any work as estimated by OWNER/ ENGINEER, is to be borne by CONTRACTOR.

M. All fossils, coins, articles of value or antiquity and structures and other remains

or things of geological or archeological interest discovered on the site shall be, as between OWNER and CONTRACTOR deemed to be absolute property of OWNER and CONTRACTOR shall take reasonable precautions to prevent his workmen or any other persons from removing or damaging any such article and shall immediately, upon discovery thereof and before removal acquaint OWNER / ENGINEER of such discovery and carry out OWNER / ENGINEER‟s orders as to the disposal of the same.

58.00 GOVERNING LAWS

58.01 This CONTRACT shall be governed and interpreted in accordance with the Laws in

India. Any provision, required to be included in a contract of this type by any applicable and valid law, ordinance, rule or regulation, shall be deemed to be incorporated herein.




59.00 SETTLEMENT OF DISPUTES

A. If at any time any question, disputes or difference of whatsoever nature shall arise between the Owner and the Contractor upon or in relation to or in connection with the Contract, either party may forthwith give to the other notice in writing of the existence of such question, dispute or difference and the same other than the questions, disputes or differences for the decision of which specific provisions have been made in the foregoing Articles of these conditions hereinafter referred to as “Excepted Matters” and the decision of such “Excepted Matters” according to the said provisions shall be final and binding on the Parties shall be referred to Arbitration by a sole arbitrator to be appointed by the Chairman cum Managing Director / Managing Director of the Owner or any person acting in such capacity.

B. When the Sole Arbitrator withdraws from his office for any reason whatsoever,

he shall be replaced by the Chairman cum Managing Director/ Managing Director of the OWNER or any person acting in that capacity. The arbitral proceedings shall continue from that stage onwards and the earlier hearings shall not be repeated.

C. The language to be used in the arbitration proceedings shall be English.

D. The award of the arbitrator shall be final, conclusive and binding on the Parties.

E. The provisions of Arbitration and Conciliation Act, 1996 and the Rules

there under and amendments thereto in force shall be applicable to this Contract.

F. The Venue of Arbitral Proceedings shall be only in Bangalore, India.

G. Only courts in Bangalore shall have jurisdiction regarding the matters relating to this arbitration.

60.00 NOTICES

60.01 Any written notices or other documents or drawing required by this CONTRACT shall

be sent by Registered Post, Postage prepaid or by cable or Telex, fax, courier, charges prepaid or hand delivered and shall be forwarded to the respective Address set forth below unless another address is substituted by written notice:

FOR OWNER:




FOR ENGINEER

FOR CONTRACTOR:

WITH A COPY TO: 61.00 AMENDMENTS

61.01 This CONTRACT may be amended by a writing specifically made in this behalf which

shall be mutually agreed upon and duly signed by the authorised representatives of the parties hereto.

62.00 WAIVER OF BREACH

62.01 Any failure by OWNER or ENGINEER, at any time or from time to time, to enforce

or require the strict keeping and performance by CONTRACTOR of any of the terms or conditions of this CONTRACT shall not constitute a waiver by OWNER or ENGINEER of a breach of any such terms or conditions and shall not affect or impair such terms or conditions in any way, or the right of OWNER or ENGINEER at any time to avail itself of such remedies as it may have for any such breach or breaches of such terms and conditions.

63.00 ENTIRE CONTRACT

63.01 This CONTRACT and any annexures attached hereto or documents referred to

herein shall constitute the entire CONTRACT and understanding between the parties hereto as to the subject matter hereof and shall supersede all prior agreements/CONTRACTS, negotiations and Letter of Intent, whether written or oral, pertaining to this Work and either party shall be bound by any conditions, definitions, warranties or representations with respect to the subject matter of this CONTRACT, otherwise than as expressly provided herein.

-----




FORM OF BANK GUARANTEE FOR ADVANCE PAYMENT To The KIOCL Limited., Second Block, Koramangala, OR New Mangalore Port, OR Kudremukh, Bangalore - 560 034. Panarnbur, Chickmagalur Dist. 575 142.

Mangalore - 575010

In consideration of KIOCL Limited (hereinafter referred to as "Company") agreeing to pay to M/s…………………………………… (hereinafter referred to as, "Contractor") a sum of Rs ………………………… (Rupees ……………………………………..……… only) as and by way of advance in terms of Order No…………….. dated………………………………………… (hereinafter referred to as "Contract") on production of Bank Guarantee by the Contractor for Rs………. (Rupees........ only) we, ...................... (hereinafter referred to as "the Bank") do hereby covenant and agree with the Company as follows:

1. We hereby guarantee the payment to the Company the said advance of

Rs…………………… (Rupees………………………………………………………………………… only) and interest thereon at 15.5 percent per annum from the date of demand till payment against any loss or damage caused to or suffered or that may be caused to or suffered by the Company by reason of any breach by the said Contractor of any of the terms and conditions contained in the said Contract.

2. Not withstanding anything contained hereunder, we

……………………………………… hereby unconditionally and irrevocably undertake to pay to the Company to the extent of Rs………………… (Rupees. ……………………………………………... only) plus interest thereon at 15.5 percent per annum from the date of demand till payment without any demur merely on a demand from the Company stating that the amount claimed is due by way of loss or damage caused to or suffered or would be caused to or suffered by the Company by reason of breach by the said Contractor of any of the terms and conditions contained in the said Contract. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs . …………….. ( Rupees......................…………… only) and interest thereon as mentioned above from the date of demand till payment.




3 Our liability under this present Guarantee is absolute and unequivocal and we undertake to pay the Company the amount so demanded notwithstanding the Contractor raising any dispute and/or disputes or filing any suit or proceeding before any Court or Tribunal Authority. The payment so made by us under this Guarantee shall be a valid discharge of our liability for payment hereunder.

4. We…………………………..further agree that the Guarantee herein contained shall

remain in full force and effect during the period that would be taken for the performance of the said Contract and that it shall continue to be enforceable till all the dues of the Company under or by virtue of the said Contract have been fully paid and its claims satisfied or discharged and till the Company certifies that the terms and conditions of the said Contract have been fully and properly carried out by the said Contractor and accordingly discharges this Guarantee. Unless a demand or claim under this Guarantee is made on us in writing on or before …………………………… we shall be discharged from all liability under this Guarantee thereafter.

5. This Guarantee shall not be revocable by us except with the written consent of the

Company and shall continue to be enforceable till....... Should it be necessary to extend this Guarantee beyond the said date, we undertake to extend the validity of this Guarantee for such further period as may be required by the Company, and such extension shall be given one month before the expiry of the Guarantee failing which the amount covered under this Guarantee shall become forthwith payable, notwithstanding that the Contract is continuing and / or the Company has or has not terminated the Contract or preferred any claim against the Contractor.

6. We, ………………………………………………… further agree with the Company that

the Company shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Contract or to extend time of performance by the said Contractor from time to time or to postpone for any time or from time to time exercise of any of the powers exerciseable by the Company against the said Contractor and to forbear or enforce any of the terms and conditions relating to the said Contract and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Contractor or for any indulgence by the Company to the said Contractor or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.


your taking or varying or giving up any securities from the Contractor or any other person, firm or Company on its behalf or by the change in the constitution, the winding up, dissolution, insolvency or death as the case may be of the Contractor.




8. In order to give full effect to the Guarantee herein contained, you shall be entitled to act as if we were your principal debtors in respect of all your claims against the Contractor hereby guaranteed by us as aforesaid and we hereby expressly waive all our rights of suretyship and other rights, if any, which are in any way inconsistent with the above or any other provisions of this Guarantee.

9. We …………………………………………………………… also undertake not to revoke

this Guarantee during its currency except with the previous consent of the Company in writing.

Dated the ....................................... day of............... . 20

For

....................................................................

.............. ........... (indicate the name of Bank)

IMPORTANT NOTE


1. The Bank Guarantee should be on non-judicial stamp paper having a value as per Rules in

force.

2. The stamp paper should be purchased in the name of the Bank, who give the Guarantee and not in the name of the Contractor.



5. If any correction is made on the Guarantee, the same should be endorsed by the Bank with

its official seal.




FORMAT NO. KIOCL/B/TS/QF-03/REV-1

FORM OF BANK GUARANTEE FOR SECURITY DEPOSIT

In consideration of KIOCL Limited (hereinafter called Company) having agreed to exempt........(hereinafter called the said Supplier (s) / Contractor(s)) from demand under the terms and conditions of Purchase Order No...................... Dated............... made between .................... And .................. for ............. (hereinafter referred to as „contract‟) of security deposit for the due fulfillment by the said suppliers(s) / Contractor (s) of the terms and conditions contained in the said contract on production of a Bank Guarantee for Rs......... (Rupees..........................only).

1. We,.............................. (hereinafter referred as "the Bank") at the request of Supplier, (s)

Contractor (s) do hereby guarantee the payment to the Company an amount not exceeding Rs.............. (Rupees............only) and interest thereon at 15.5 percent per annum from the date of demand till payment against any loss or damage caused to or suffered or would be caused to or suffered by the Company by reason of any breach by the said Supplier(s)/ Contractor(s) of any of the terms and conditions contained in the said Contract.

2. We .............. do hereby unconditionally and irrevocably undertake to pay to the Company

an amount to the extent of Rs. .................. (Rupees ............only) and interest thereon at 15.5 percent per annum from the date of demand till payment without any demur, merely on a demand from the Company stating that the amount claimed is due by way of loss or damage caused to or suffered or would be caused to or suffered by the Company by reason of breach by the said Supplier(s) / Contractor(s) of any of the terms and conditions contained in the said Contract or by reason of the Supplier(s)/ Contractor(s) failure to perform the said contract. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs...................... (Rupees.................................................................only) and interest thereon as mentioned above from the date of demand till payment.

3. Our liability under these presents is absolute and unequivocal and we undertake to pay to

the Company the amount so demanded notwithstanding the Supplier(s)/Contractor(s) raising any dispute and / or disputes or filing any suit or proceeding before any Court or tribunal or other Authority. The payment so made by us under this Guarantee shall be a valid discharge of our liability for payment there under and the Contractor(s) Supplier(s) shall have no claim against us for making such payment.

4. We.............................further agree that the guarantee herein contained shall remain in

full force and effect during the period that would be taken for the performance of the contract




and that it shall continue to be enforceable till all the dues of the Company under or by virtue of the said contract have been fully paid and its claims satisfied or discharged or till the Company certifies that the terms and conditions of the said contract have been fully and properly carried out by the said Supplier(s) / Contractor(s) and accordingly discharges this Guarantee. Unless a demand or claim under this Guarantee is made on us in writing on or before..........................., we shall be discharged from all liability under this Guarantee thereafter.

5. This Guarantee shall not be revocable by us except with the written consent of the

Company and shall continue to be enforceable till.........................should it be necessary to extend Guarantee beyond the said date, we undertake to extend the validity of this Guarantee for such further period as may be required by the Company, and such extension shall be given one month before the expiry of this Guarantee filing which the amount covered under this Guarantee shall become forthwith payable, notwithstanding that the Contract is continuing and /or the Company has or has not terminated the Contract or preferred any claim against the Supplier (s) Contractor(s).

6. We................................. further agree with the Company that the Company shall have the

fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the Contract or to extend time or performance by the said Supplier(s)/ Contractor(s) from time to time or to postpone for any time or from time to time in exercise of any of the powers exercisable by the Company against the said Supplier(s) Contractor(s) and to forbear or enforce any of the terms and conditions relating to the Contract and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Supplier(s)/Contractor(s) or for any forbearance, act or omission on the part of the Company or any indulgence by the Company to the said Supplier(s)/Contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties, but for this provision, have effect of so relieving us.


your taking or varying or giving up any securities from the CONTRACTOR(S)/ SUPPLIERS or any other person, firm or Company on its behalf or by the change in the constitution, winding up dissolution, insolvency or death as the case may be of the CONTRACTOR(S)/SUPPLIER(S).

8. In order to give full effect to the Guarantee herein contained you shall be entitled to act

as if we were your principal debtors in respect of all your claims against the CONTRACTOR(S)/ SUPPLIER(S) hereby Guaranteed by us as aforesaid and we hereby expressly waive all our rights of suretyship and other rights if any which are in any way inconsistent with the above or any other provisions of this Guarantee.




9. We............................. also undertake not to revoke this Guarantee during its currency except with previous consent of the Company in writing.

Dated the ............................. day of ................................ 20

For.......................................................................................... (Indicate the name of Bank)

IMPORTANT NOTE

The following Points should be taken care of while submitting the Bank Guarantee:-

1. The Bank Guarantee should be on non-judicial stamp paper having a value of Rs.200/-

or as applicable in the State of Karnataka.

2. The stamp paper should be purchased in the name of the Bank, who give the guarantee and not in the name of the Supplier.

3. The Bank Guarantee should be strictly as per the profoma.

4. The Bank Guarantee should be from any of the Nationalised Bank, Scheduled Bank or any other bank

Acceptable to owner

5. If any correction is made on the guarantee the same should be endorsed by the Bank with its official seal.




FORMAT NO. KIOCL/B/TS/QF-04/REV-O

FORM OF BANK GUARANTEE FOR EARNEST MONEY DEPOSIT

In consideration of KIOCL Limited (hereinafter called "Company") having agreed to exempt................. (hereinatter called the said "Bidder") from demand under the terms and conditions of the tender documents vide No dated of Earnest Money Deposit for the due fulfilment by the said Bidder of the terms of conditions contained in the tender document on production of Bank Guarantee of Rs ……………………………….. (Rupees …………..……………………. ………………………. only).

1. We, ....................................................... …… (hereinafter referred to as "the Bank") at the request of Bidder do hereby guarantee the payment to the Company an amount not exceeding Rs…………. (Rupees………………………………………………. only) and interest thereon at 15.5 percent per annum from the date of demand till payment against any loss or damage caused to or suffered, would be caused to or suffered by the Company by reason of any breach by the said Bidder of any of the terms and conditions contained in the said Tender Documents.

2. We, ……………………………… do hereby unconditionally and irrevocably undertake to pay to the Company an amount to the extent of Rs…………… (Rupees ……………………………………………… only) and interest thereon at 15.5 percent per annum from the date of demand till payment without any demur, merely on a demand from the Company slating thai the amount claimed is due by way of loss or damage caused to or suffered or would be caused to or suffered by the Company by reason of breach by the said Bidder of any of the terms and conditions contained in the said Tender Documents. Any such demand made on the Bank shall be conclusive as regards the amount due and pa yable by the Bank under this Guarantee. However. our liability under this Guarantee shall be restricted to an amount not exceeding Rs…………………… (Rupees. …….……………………only) and interest thereon as mentioned above from the date of demand till payment.

3. Our liability under this present Guarantee is absolute and unequivocal and we

undertake to pay the Company the amount so demanded notwithstanding the Bidder raising any dispute and/or disputes or filing any suit or proceeding before any court or tribunal or other Authority. The payments so made by us under this Guarantee shall be a valid discharge of our liability for payment thereunder and the Bidder shall have no claim against us for making such payment.




4. We, . .................................................................. further agree that the Guarantee herein

contained shall remain in full force and effect during the period as required by the Company. Unless a demand or claim under this Guarantee is made on us in writing on or before……………………………, we shall be discharged from all liability under this Guarantee thereafter.

5. This Guarantee shall not be revocable by us except with the written consent of the Company and shall continue to be enforceable till …………………… Should it be necessary to extend this Guarantee beyond the said date, we undertake to extend the validity of this Guarantee for such further period as may be required by the Company and such extension shall be given one month before the expiry of this Guarantee, failing which the amount covered under this Guarantee shall become forthwith payable.

6. We, ...................................... ……….. further agree with tile Company that the

Company shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the Tender Documents or to extend time of finalising the bid from time to time and to forbear or enforce any of the terms and conditions relating to the Tender Documents and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Bidder or for any forbearance, act or omission on the part of the Company or any indulgence by the Company to the said Bidder or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.

7. This Guarantee shall not in any way be affected due to change in our constitution or

by your taking or varying or giving up any securities from the Bidder or any other person, firm or Company on its behalf or by the change in the constitution, winding up, dissolution, insolvency or death as the case may be of the Bidder.

8. In order to give full effect to the Guarantee herein contained, you shall be entitled to act

as if we are your principal debtors in respect of all your claims against the Bidder hereby Guaranteed by us as. aforesaid and we hereby expressly waive all our rights of suretyship and other rights, if any, which are in any way inconsistent with the above or any other provisions of this Guarantee.

9. We, ………………………………………………………………. also undertake not to revoke this

Guarantee during its currency except with the previous consent of the Company in writing. .




Dated the . …………………………….. day of………………………… 20

For ……………………………………………………………………………

(indicate the name of Bank)

IMPORTANT NOTE


1. The Bank Guarantee should be on non-judicial stamp paper having a value as per Rules in force.

2. The stamp paper should be purchased in the name of the Bank, who give the

Guarantee and not in the name of the Bidder.



5. If any correction is made on the Guarantee, the same should be endorsed by the bank with its official seal. . .

--------

KIOCL LIMITED

BENGALURU

FORWARD AND BACKWARD INTEGRATION OF THE EXISTING BLAST FURNACE UNIT

BID DOCUMENT FOR ITEM RATE CONTRACT

OF

SITE LEVELLING AND ASSOCIATED WORKS (PKG-011A) AT

MANGALURU, KARNATAKA

DOMESTIC BIDDING

VOLUME 2 - TECHNICAL

MECON LIMITED 89, SOUTH END ROAD, BASAVANAGUDI,

BANGALORE – 560 004.

MEC/01/11/TS/BFU/197C/PKG-011A JULY 2020

KIOCL LIMITED FORWARD AND BACKWARD INTEGRATION OF THE

EXISTING BLAST FURNACE UNIT MANGALURU, KARNATAKA

TECHNICAL SPECIFICATION FOR SITE LEVELLING & ASSOCIATED WORKS (PKG-011A)

2 of 78 MEC/01/11/TS/BFU/197C/PKG-011A ©2020 MECON LIMITED. All rights reserved

LIST OF CONTENTS

CHAPTER DESCRIPTION PAGE NO 1.0 GENERAL 3 2.0 SCOPE OF WORK 3 3.0 SPECIFICATION FOR EARTH WORK 11 4.0 RATE FOR EXTRA ITEMS 16 5.0 PREAMBLE TO SCHEDULE OF QUANTITIES 17

6.0 DETAILED SPECIFICATION FOR FILLING FOR SITE LEVELLING WORK

20

7.0 STONE PITCHING WORKS 33 7.0 SAFETY REQUIREMENTS 34 8.0 METHOD OF MEASUREMENT 35 9.0 ANNEXURE-I : PLAIN CEMENT CONCRETE 37 10.0 ANNEXURE-II : REINFORCED CEMENT CONCRETE 46 11.0 ANNEXURE-III : RANDOM RUBBLE MASONRY 69 12.0 LIST OF DRAWINGS 71 13.0 BILL OF QUANTITIES 72





SECTION-I : SCOPE OF SITE LEVELLING WORKS

1.0 GENERAL 1.1 PREAMBLE

KIOCL intends to upgrade its existing 350Cum Blast furnace and set up a Ductile Iron spun pipe plant and a Heat recovery coke oven unit as a part of Forward and Backward integration of the existing BF unit at Mangaluru, Karnataka.

The purpose of this standard is to define specifications to be followed for site levelling works at the proposed project premises of M/s KIOCL at Mangaluru, Karnataka for setting up the new units.

2.0 Scope of Work i) Statutory clearances from state/central government agencies, if required,

for this project shall be obtained by the contractor. The expenses towards obtaining the statutory clearances, if any, shall be borne by the contractor and all necessary documents required would be made available to the contractor for submitting the same to statutory agencies for obtaining the clearances. The work to be performed under this specification consists of providing all labor, materials, construction equipment, tools and plant, scaffolding, supplies, transportation, all incidental items not shown or specified, but reasonably implied or necessary for successful completion of the work including Contractor’s supervision and in strict accordance with the drawings and specifications. The nature of work shall generally involve bush clearance, tree cutting, excavation in all kinds of soil/rocks, earth cutting (including in profile), stacking, spreading and compacting, filling, dewatering, shoring and strutting, disposal of surplus excavated unserviceable materials, stone pitching for embankment, RCC drains, RCC retaining wall etc.





All serviceable material including scrap shall be handed over to Engineer-In-Charge/KIOCL Stores, within a lead of 2 kilometers. Disposal of unserviceable materials/debris etc., outside the plant premises including any clearances/permissions in this regard, shall be in the scope of the contractor, which is applicable for the entire work of this contract. The location for disposal of unserviceable outside the plant premises shall be decided by the contractor and the cost involved for such activities shall be borne by the contractor.

ii) The layout and levels shall be made by the Contractor at his own cost from

the general grid of the plot and bench mark given by the KIOCL/Consultant. He shall get all levels and layout checked by the consultant. However, the Contractor shall be fully responsible for correctness of layout and levels.

iii) The detailed construction drawings will be issued by the KIOCL/Consultant.

The drawings included in the Bidding Document provide a general idea about the work to be performed under the scope of this contract. These are preliminary drawings for bidding purposes only and are by no means the final drawings or show the full range of the work under the scope. Work has to be executed according to latest drawings issued by the Consultant at the time of execution.

iv) The contractor will be required to set up site laboratory at his own cost and

maintain all the equipment in proper condition with all calibration certificates of the equipment updated. The site laboratory should be manned by an independent qualified engineer. The cost of setting up site laboratory and performance of all the tests shall be borne by the Contractor. In case any specific test such as testing of reinforcement, testing of specific materials requiring specialist equipment and conditions come up, the same shall be done in approved laboratories. The cost of such tests and the arrangements for witnessing such tests shall be borne by the Contractor.





v) The scope of work also includes clearance of any scrap, debris, etc. before starting the work and recording spot levels at the site of work. The cost of such clearance shall be included in the quoted rates. The Contractor shall also clear the construction site of all debris and construction materials before handing over.

vi) All specimens and approved samples shall be retained with KIOCL/

Consultant for reference unless handed over to Contractor for safe custody. The Contractor shall make arrangements for proper storage of the same.

vii) The KIOCL plant is in the coastal area and the water table/rainfall is

expected to be very high. The Contractor shall adopt suitable continuous special dewatering methods as approved by the Consultant. The period for which the de-watering should be in effect shall be as directed by KIOCL/Consultant. The cost of dewatering shall be borne by the Contractor.

viii) The Tenderer shall inspect the site, examine and obtain all information

required and satisfy himself regarding matters such as access to site, communications, transport, right of way, equipment and facilities required for the work, availability of local labor, materials and their rates, local working conditions, weather, flood levels, subsoil conditions, natural drainage, water table etc. Ignorance of the site conditions shall not be accepted by the client as basis for any claim for compensation or extension of time. Tenderer, if necessary, shall make necessary bore holes at their own cost to get details of the soil data and site conditions with the permission of KIOCL.

ix) Rerouting/terminating of existing underground/over ground service

lines/utilities as per the drawings/directions is in the scope of contractor. x) Controlled blasting for removal of hard rock may be resorted to with care

in adherence to necessary stipulations and safety rules within the plant premises.

xii) While executing the works of this tender, necessary care is to be exercised





to ensure that no damage is done to the existing structures/services and the price quoted shall include cost of all such protective measures. Any damage caused to the existing facilities by the Contractor will have to be rectified and restored to its original condition at his own cost.

xiii) Safety provisions are mandatory in the plant premises. Suitable barricading

with tin sheets etc., is to be ensured for the safety and warning signs to be provided wherever necessary.

xiv) Scaffolding, if used, shall be only with prior design approval. However,

while erection of scaffolding, until the scaffolding is fit for use it shall have caution signage of “UNSAFE FOR USE”.

xv) Sign boards shall be made for buildings and roads made of Prismatic

Reflective Sheeting sticker/printed sticker of approved design and shade or as direction by the Engineer Incharge. Signage Sticker shall be fixed on M.S. Sheet supported with M.S. pipe/tube embedded with concrete (bottom of the pipe) of required design, size and shape. M.S. sheet and pipe shall be painted with enamel paint of approved color with primer as per specification.

2.1 Approval and Tests i) A high standard of quality is required for all materials and workmanship in

construction work. They shall be best of the kind obtainable indigenously in each case and shall be procured from manufacturers of repute in order to ensure uniformity of quality and timely supply.

ii) All materials shall be subjected to inspection and testing. The Contractor

shall submit samples for testing as may be required by the Consultant. Sampling and testing shall be carried out by the contractor at his own cost in accordance with relevant IS Standards. Third party testing, if necessary, shall be done by the contractor and the cost for the same shall be borne by the contractor.





iii) Wherever IS codes are referred to, they shall be the latest edition/ publication as on date irrespective of the date of finalization of the work.

2.2 Rejection of Materials i) Any material brought to site which, in the opinion of the KIOCL/Consultant

is damaged, contaminated, deteriorated or does not comply with the requirement of this specification shall be rejected.

ii) If the routine tests or random site tests show that any of the materials,

brought to site, do not comply in any way with the requirements of this specification or of IS codes as applicable, then that material shall be rejected.

iii) The Contractor at his own cost shall remove from site any and all such

rejected material within the time specified by the KIOCL/Consultant.

iv) Any construction work found unsatisfied in quality or in non-conformity to the contract shall be removed/rectified to the satisfaction of the Engineer-in-Charge by the contractor at his own cost. The decision of Engineer in-Charge shall be final.

2.3 Quality Standard

A high standard of quality is required for all materials used in construction work. They shall be the best of the kind obtainable indigenously in each case and shall be procured from manufacturers of repute in order to ensure uniformly of quality and assurance of timely supply.

2.4 Codes

In the preparation of these specifications, the standards referred to are generally the latest Indian Standards. However, in case of absence of Indian Standards, the Contractor is free to use the relevant latest International Standards such as British, American, Japanese or equivalent. In case of any





conflict, however between the codes and this specification, the provisions as given in these specifications shall prevail.

2.5 Bench Mark

Standard bench mark reference pillar indicating the absolute level and reference axes shall be indicated to the contractor. Contractor shall construct all other survey pillars required by them for survey work with reference to the bench mark pillar. Contractor shall take all precautions to protect the survey pillars from being damaged / dislocated during progress of work, by providing suitable barbed wire fencing around the survey pillars.

2.6 Site Instruction Book

For issuing site instructions to the contractor by KIOCL/Consultant, the Contractor shall maintain triplicate order books with pages numbered. All written site instructions shall be given in this book which shall be signed by the Contractor as a token of his acceptance of the same. One carbon copy of the instruction shall be left in the book for the Contractor to take necessary action and for records. Any instruction given to the Contractor in the order book shall have the same force as that of any instruction conveyed to the Contractor through a registered letter.

2.7 Dimensions

Figured dimensions shall prevail in preference to scaled dimension. Large scale details will supersede small scale details shown in drawings. In case of discrepancy between the two, the contractor shall obtain clearance of engineer before proceeding with work.

2.8 Sequence of work

Contractor shall plan the sequence of all works so as to achieve the desired progress keeping in mind overall safety and stability at all points of time.





If due to a particular design or specification or availability of machines or any other reason, a particular sequence of operation is demanded by the engineer due to which some interruptions are inherent to any one or more types of work or items of execution, then no claim for such interruption shall be entertained and contractor shall have to follow the sequence as instructed by the engineer.

2.9 Damages

Any existing services or other properties if damaged or demolished during the course of execution either willingly or negligently, shall be repaired and re-erected to its original shape and size by the Contractor at his own cost. The Contractor will take all precautions against damages due to rain and storm and no liability shall rest with KIOCL for any loss in redoing of any work on this account.

Existing underground services coming in the way of excavation etc. have to be adequately supported by the Contractor at his own cost so as to avoid any damage to those services. In case of any accidental damage, the Contractor shall arrange to rectify and reinstall those services immediately at his own cost.

2.10 Quality Assurance

a) The space for setting up of laboratory inside the plant premises will be shown to the contractor and the cost towards construction of laboratory and other necessary arrangements shall be borne by the contractor. The Contractor shall provide a site laboratory with equipment and shall maintain and engage qualified technical personnel at site to run the laboratory at his own cost. All routine tests to be conducted during site leveling in filling areas shall be conducted at site.





b) For those tests which are not possible to be carried out at the site laboratory, Contractor shall arrange to send requisite samples to approved laboratory outside the site and get those tested as required entirely at his cost.

c) Before covering up any work within excavated pits, clearance has to

be taken from engineer in respect of completion of said works as per drawing and specification.

2.11 Safety

The Contractor shall ensure that the safety requirements are met with in respect of men, materials, adjoining structures, equipment etc. and shall be totally responsible in case any mishap occurs due to negligence or otherwise. In this connection, the contractor shall strictly adhere to the rules, norms and regulations as applicable. The successful bidder shall collect safety rules from the client. The successful tenderer shall strictly adhere to the safety regulations mentioned therein. The penalties for violation of safety norms as per KIOCL’s stipulations are applicable.

2.12 Time Schedule

The time of completion for the whole work shall be 7 (Seven) months including rainy seasons which is normally from June to August. However, for site levelling work of coke oven area & Power plant area contractor shall make all efforts to complete the work in initial 5(Five) months from the date of placement of order.

2.13 Records to be maintained by the Contractor

The following records shall be maintained at site by the Contractor a) Level book indicating levels before commencement and after

completion of work.





b) Grid level chart showing block levels@ specified intervals as directed by Engineer In charge.

c) Site hindrance register. d) Lead register mentioning lead distance from place of work to disposal

site. e) Site instruction book. f) Quality and testing registers. g) Labor related registers. h) Records of cement and steel receipts, issue, and consumption shall be

scrutinized from time to time by KIOCL/Consultant. Statement of cement and steel receipts, statement of theoretical consumption and reconciliation accompany every bill. Records of spot levels jointly recorded before the start of the work shall form the basis of all measurements.

3.0 SPECIFICATION FOR EARTH WORK 3.1 Scope

This chapter deals with earth work and excavation for leveling, cutting,

filling and grading.

3.2 General

The Contractor shall carry out the excavation strictly to the lines and levels, in conformity with the drawings or instructions of the Engineer.

3.3 Setting out

Before commencement of earthwork, block levels of existing ground shall be taken by the Contractor jointly with the Engineer, plotted and signed in token of acceptance of ground levels. Excavation shall not be commenced until the initial ground levepls have been recorded and accepted. Reference lines, bench marks and base lines shall be set out by the Contractor for control of earthwork operation. Setting out shall be done with pegs, blocks, bamboo poles or rails, marking boundaries or center





lines, as the case may be, and the same maintained for reference and future checking. All setting out operations shall be got checked and approved by the Engineer. However, such checking and approval by the Engineer shall in no way absolve the Contractor of his responsibilities for carrying out the work to the true lines, levels and positions as per drawing, and in case any error is noticed at any stage in the Contractor's work, it shall be corrected/rectified by him without any cost to the Owner.

3.4 Site clearance and demolition

The site shall be cleared of all trees, stumps, roots, brush wood, bushes, pipes and other objectionable materials. Useful and saleable material, if any, shall be the property of KIOCL and shall be stacked properly as directed by the Engineer InCharge. The areas to be covered with embankments shall be stripped of top soil to required depths to expose acceptable founding strata. Top soil unsuitable for use in embankment construction and other fills shall be disposed of as directed. All combustible materials shall be stacked and burnt in locations sufficiently remote to eliminate all danger of fire hazards. All old concrete, brick works and drains which interfere with construction works shall be dismantled with the approval of the Engineer taking all necessary precautions prescribed in safety specification. Top soil which is suitable for use in construction work shall be stockpiled for later use. Other objectionable materials such as trash, debris, stones, brick, broken concrete, scrap metal etc., shall be disposed of as directed by the Engineer. Scrap metal shall be stacked properly at site as per the directions of Engineer-In charge. Payment for cutting and removal of trees, stumps, dismantling existing structures and stripping shall be regulated by the description in the Schedule of Items.

3.5 Classification of soil

The Engineer will decide the class of any particular soil. Classification of soil shall be as under and the decision of the Engineer shall be binding on the Contractor.





A) Ordinary Soil

Soils which yield to ordinary application of pick and shovel, phawra, rake or other ordinary digging implements (including earth moving equipment such as bulldozer, shovels without resorting to blasting) without offering much resistance, shall be classified as ordinary soil. This includes organic soil, turf, sand, gravel, loam clay, mud, peat, black cotton soil, soft shale and loose moorum etc.

B) Hard Soil

This comprises of all soils that cannot reasonably be excavated by the above mentioned digging implements, but can be excavated with close application of pick axe or scarifiers or jumpers to loosen. This includes compact moorum, stiff clay, hard shale, cobble stone etc.

C) Soft /Decomposed Rock

This comprises of rock or boulders which may be quarried or split with crow bars, pavement breakers etc. This include lime stone, sand stone, weathered rocks and hard conglomerates etc. and existing structures embedded in earth and tarred macadam roads, pavements met in the excavation. The fact that contractor resorts to blasting for his own reasons shall not mean that the rock is hard and classified as hard rock.

D) Hard Rock

In case, if it is encountered, the same shall be excavated by either controlled blasting / chiseling, wedging or any other agreed methods.

3.6 Method of excavation

The Contractor may carry out excavations, filling and compaction as detailed in specification for filling and befitting the site conditions subject





to any stipulations contained in the contract and the specifications. All excavations shall be required to be kept completely free from water, from whatever source it may come, during the construction.

3.7 Excavation of soils other than hard rock

Excavation shall be carried out in the most expeditious and efficient manner to the lines and levels as indicated in drawings or as directed by Engineer. Prior approval of the Engineer shall be taken for the method to be adopted for excavation including dimensions, side slopes, dewatering, shoring etc. Such approval shall not make the Engineer responsible for any consequent damage or loss caused. All precautions shall be taken to preserve the material below and beyond line of excavation in soundest condition. All damages done beyond limits of excavation shall be made good by the Contractor at his own cost in a manner approved by the Engineer. All excavated materials shall be removed to spoil heaps, dumping yards or transported for filling as may be necessary. When spoil heaps are formed for future use, heaps shall be protected from washing away due to rain or surface run off. The sides of excavation shall be maintained in stable condition by adequate stepping and batter. To prevent entry of surface water and accumulation of subsoil water in excavated areas, suitable drainage arrangements as may be needed and directed by Engineer, shall be provided and maintained. Pumped out water shall be drained off properly avoiding damage to other existing works. If any pipeline, cables or service lines are likely to be exposed, excavation around these services shall be carried out manually and all such services shall be adequately supported and protected at no extra cost.

Excavation shall be carried out in any material encountered including road surfaces, pavements, buried parts of old foundations, pits or other structures. Excavated materials shall be placed beyond 1.5 metres of the edge of the excavation pit/trench or half the depth of the pit/trench whichever is more or further away as directed by the Engineer. Sumps made for dewatering must be kept clear of the foundations.





3.8 Excavation in hard rock

Where hard rock is met, the Contractor shall intimate the Engineer in writing. Excavation in hard rock shall be done by controlled blasting, chiseling, wedging or by such other agreed methods as may be required. Levels of hard rock surface shall be taken and got approved by Engineer before start of excavation.

All materials excavated shall be stacked for measurement as directed by Engineer.

3.9 Cutting and filling for site leveling

Excavation and filling operations for site leveling shall be so planned and executed that transportation and re-handling are minimized. The sides of excavation and fills shall be maintained in stable condition by adequate batters, stepping and dewatering. Materials not desirable shall be disposed off in area indicated by Engineer. When it is required to blend the material, it shall be done by selective excavation and filling operation. Wells, ponds, cesspools and water logged areas shall be emptied of water and de-slushed before filling. Filling shall be done in horizontal layers not exceeding 200mm in thickness as specified or as directed by the Engineer. All clods shall be broken before placing the fill. Earth moving equipment shall be allowed to ply over the fill to permit compaction. Adequate allowance shall be made for subsidence of fill material. Levels shall be taken and excess or shortfall shall be made good by appropriate cutting or filling.

3.10 Disposal of excavated materials

Excavated materials that are unsuitable for use in construction works or in excess of construction requirements shall be disposed of in dumping yards or in locations within all leads as indicated by Engineer. Waste piles/heaps shall be located in such places where they will not interfere with natural flow of rain water access or transport or with the access to nearby





structures. When required, they shall be leveled and trimmed to such lines and levels as indicated by Engineer. Normally locations shall be indicated by KIOCL within the plant premises. Else, the unserviceable material shall be disposed of outside plant premises within a lead of 5 Kms.

3.11 Detailed specification for filling in site leveling works is given as Clause 6.0

and the same to be considered. 4.0 RATE FOR EXTRA ITEMS

In case it is found necessary to execute any item of work which is not included in the schedule of items, the rates for such extra item shall be fixed as per the following procedure.

a) Where the extra works are of similar character and/or executed

under similar conditions as any of work appearing in the schedule of quantities, then the rates for such extra item shall be derived from the contract rates of similar/closest item of work provided.

b) If the rate for any extra item of work cannot be determined in the manner specified under sub clause “a” as defined above, the rate for such extra item of work shall be carried out at the rate entered in the Schedule of Rates (DSR/SOR/estimate base) plus/minus the percentage by which the tendered amount of the works actually awarded is higher or lower than the estimated amount of the works actually awarded.

c) Where the nature of extra item is such that the rate for the same

cannot be derived as per procedure(a) and (b) above, then the rate shall be established based on the market rates and taking into account 15% over cost of labor and materials to cover supervision, overheads and profit. The labor material and other such coefficients/factors may be adopted from CPWD Analysis of rates for such items.





d) Alternatively, the rate analysis for extra item may be submitted by the contractor based on the labour inputs, materials, consumables, supervision, overhead charges including profit etc. which will have discussed and mutually agreed upon rate shall be finalized

4.1 Measurement of Work

Measurement of work shall be carried out from the working drawing/sketches issued by KIOCL/Consultant and mode of measurement shall be as specified in this document or as per the latest IS:1200.

5.0 PREAMBLE TO SCHEDULE OF QUANTITIES 5.1 GENERAL

This preamble to the schedule of items is an integral part of the schedule and shall have as much force as though this is incorporated into the description of the items themselves. The bidder shall take into account in his rate the provision of all the following works given below. No extra claim will be paid for these works to the Contractor.

Contractor's rate for any items of work in the schedule of items shall, unless otherwise stated, be held to include the cost of all materials, including wastages, conveyance and delivery, unloading, storing, fabrication, hoisting, all labour for finishing to required shape and size, tools and plants, power, fuel, consumables, all taxes royalties, other revenue expenses, temporary facilities like roads, drains etc., providing temporary storage facilities and their subsequent dismantling, and other temporary works, setting out, fitting and fixing in position, site drainage, dewatering, offering samples for approval, cost of all tests, rectification of all defects, replacement of defective materials and work, interruptions to work required to accommodate the work of other agencies working on the site, continuation of work beyond working hours, in the night and holidays also if situation warrants so, site clearance on completion, maintenance work during the period of maintenance, bye-work necessary to complete any particular item





of work as per specification and direction of the Engineer, overheads, profit and other incidental charges.

5.2 EARTH WORKS

The rate of the related items shall include but not limited to the following: i) Setting out works, profiles etc. with reference pillars and their removal after

completion of work. ii) Taking levels and reference axis wherever necessary from reference lines

and bench mark, both for the original ground level as well as for the finished work as directed.

iii) Unless otherwise specified site clearance such as clearing of shrubs, green

brush wood, under-growth and small trees not exceeding 30 cm. in girth at one metre above ground including uprooting, stacking the serviceable materials within 2 Km lead and removal of all the rubbish unserviceable materials up to 2 Km lead.

iv) Working in both dry, wet and foul condition. v) No distinction of rate between the work done manually or mechanically. vi) Dewatering, wherever necessary. vii) Forming (or leaving) "Dead men" or "Tell-tales" borrow pits and their

removal after measurements. 5.3 Site Leveling i) The work shall include filling/back filling, leveling and compaction of the

excavated earth. Payment shall be made for excavation only wherever cutting and filling is involved and payment shall be made for filling/back filling incase earth is borrowed from outside/reclaimed from site elsewhere as the case may be for site leveling works. The measurement for excavation





shall be calculated from pre and post excavation levels. Contractor to record jointly the pre levels before taking up of job and post levels after completion of job.

ii) Costs of all tests necessary and/or directed for the compaction of the

filling/back filling of site leveling works. Contractor has to arrange water for compaction/consolidation for filling in site leveling work.

iii) Dewatering of accumulated water from any source till completion of all work below ground level including provision of surface drains, catchment pits, etc., wherever necessary.

iv) Providing adequate protection for safety of labor, materials, adjoining

property, services, structures and install barriers around the excavation area, and red lights during night time, engage night watchman for safety against risk or accident.

v) Stacking the excavated materials within the specified leads. vi) Extra excavation beyond drawing/specification for necessary working space

as per CPWD norms, for safety requirements and other allied works including back filling and compacting the same.

vii) Removal of the surplus excavated earth, to the specified location as

directed and leveling the same. viii) Dressing and trimming to required level, profile and gradient shall be under

Contractor’s scope of work. ix) Ground level shall mean the actual commencement level from which

excavation has been taken-up. x) Compacting, leveling, trimming to levels, profiles and gradient as per

drawing, specifications and as directed by KIOCL/Consultant shall be under Contractor’s scope of work.





xi) Transportation of excavated earth to designated filling areas including deposition, compaction as per specification shall be in the Contractor’s scope of work.

xii) All kinds of soil shall mean ordinary, hard soil and soft/decomposed rock

(including laterite) as per classification of soil mentioned in the Tech. Specification excepting hard rock to be paid under separate Item.

5.4 Filling Works i) Filling with excavated earth or from spoil heaps shall include the

excavation/re-excavation from such sources, all /re-handling and removing unwanted materials from the soil.

ii) Compacting, leveling, watering, trimming to levels, profiles and gradient as

per drawing, specification and/or as directed. iii) Cost of all tests, as specified and/or as directed for the filling/back filling

works. iv) Location for filling of excavated materials shall be as designated by

KIOCL/Consultant/Engineer-in-charge of work from time to time. v) Before taking up site activity for site leveling areas to be excavated and

filling areas shall be discussed with KIOCL/Consultant. vi) The tenderer shall make arrangement of suitable borrow pits from outside

the plant premises, if required, for arrangement of soil for filling. The development and maintenance of such pits shall also be done by the contractor.

6.0 DETAILED SPECIFICATION FOR FILLING FOR SITE LEVELLING WORK 6.1 Introduction





This specification deals with mechanised construction of filling work required for Site Leveling work, to be done by compacting layers of approved Soil, so as to build low lying areas up to the respective Terrace Levels (TL), for the proposed construction of the units for the Forward and Backward Integration of the existing Blast Furnace Unit at Mangaluru, Karnataka. Strict Process Control and Quality control for such filling shall be exercised as per this specification throughout the execution.

6.2 Scope of Work

The scope of work includes clearing, cleaning, grubbing, excavating and collecting of soil from designated areas with levels higher than the TL & if required from borrow area ; Transporting the soil to the filling site ; Jungle clearing, cleaning, grubbing, excavating, stripping and compacting the original ground of the filling site ; Compacting respective layers of approved soil by vibratory roller strictly as per specification; Building up the engineered fill up to the final Terrace Level ; All necessary Quality Control Tests at field and at site laboratory.

6.3 Site Acquaintance

The bidder is deemed to have visited and carefully examined the site and surroundings to have satisfied himself about the nature of all existing structures, existing underground services, general site conditions, soil characteristics, facilities available, borrow pit sites, depth of borrow soil available in individual borrow pit, the site for disposal of surplus materials, debris etc. and all other matters affecting the work before tendering. Detailed site survey drawings including spot levels and contour for the whole site is available with KIOCL/Consultant. The bidder may collect the copy of the same for detailed study and reference. Claims and objections due to ignorance of site conditions or soil conditions shall not be considered after submission of the tender.

6.4 Necessary Arrangement





All necessary arrangement related to the filling work, including but not limited to the following shall be done by the Contractor, cost of which shall deemed to have been included in item rate/s. i) Arrangement of power and water. ii) All necessary Quality Control tests at field and site laboratory. iii) Construction and maintenance of approach road and hauling road,

wherever required. iv) Cutting, clearing, cleaning, burning of jungles, bushes etc. in cutting

area, filling area and borrow area. v) Cutting of trees beyond a girth of 30cms after obtaining statutory

approvals by relevant Governmental agencies through the client, KIOCL, stacking them neatly after cutting and handing over to KIOCL.

vi) Striping of existing top soil from the cutting area, filling area and borrow area.

vii) Disposal of debris to the designated places. viii) Dewatering and slush removal, wherever required. ix) Contour Surveying at different stages of construction. x) Excavating, collecting, transporting, dumping, spreading, grading of

Soil. xi) Processing and Moisture Control of soil after spreading. xii) Shaping and Dressing of exposed slope before pitching protection. xiii) Establishing and maintaining site office. xiv) Establishing and maintaining fully equipped site laboratory. xv) Accommodation and transportation of own workers, mechanic and

other staff. xvi) Maintaining all safety measures as per KIOCL’s rules.

6.5 Equipment

The engineered filling work shall be done in a fully mechanized manner. Equipment necessarily to be used but not limited to the following:





i) Self-propelled, wheel drive, single drum Vibratory Roller (capacity 10T-12T), as per specification,

ii) Small Vibratory Roller, Vibratory Plate Compactor, Mechanical Rammer.

iii) Hydraulic Excavator. iv) Hauling equipment – Dumper / Tripper / Truck etc. v) Hydraulically operated Dozer. vi) Hydraulically operated Motor-grader. vii) Self-propelled water tanker with controlled sprinkling arrangement. viii) Tractor-pulled mechanical rotator attached with disc / blade/

harrow. ix) Water Pump. x) Survey instrument xi) Concrete mixers, vibrators etc., xii) Vehicles for smooth transportation of staff.

All the equipment shall be in excellent running condition. The quantity of each equipment shall be sufficient enough to complete the job well within the time schedule, taking into consideration the usual downtime and breakdown time of each equipment. Workshop shall also be maintained at site, manned by trained mechanic and helpers, for repair and routine maintenance of the equipment.

6.6 Quality Control Facilities

A Quality Control (QC) group, preferably managed by a specialized Quality Control Engineer of the Contractor not reporting to head of construction, shall be employed by the Contractor all-through the filling operation. The QC group shall be headed by a graduate Civil Engineer with at least 5 years of experience in QC of large earthwork projects. At least 3 (Three) experienced technician at Site Laboratory and at least 3 (Three) experienced QC supervisors at field shall be employed along with sufficient numbers of experienced QC helpers both at site laboratory and at field, for





uninterrupted QC operation throughout the construction activity. Sufficient quantity of equipment & apparatus for specified Laboratory & Field test shall have to be available in site laboratory. All such equipment & apparatus shall be as per specified IS codes & shall be in excellent running condition. The Contractor shall ensure that all the instrument / apparatus used by him is properly calibrated. The valid calibration certificates (not older than one year) of all such testing instruments shall be available at site. If KIOCL/Consultant so desire to check any calibration, the Contractor has to arrange the same in an approved laboratory at his own cost.

Sufficient quantity of QC testing instruments necessarily to be available at site Laboratory but not limited to the following. i) Rapid Moisture–meter, as per IS: 2720 (part-2) -1973. ii) Modified Proctor Density testing apparatus, as per IS: 2720 (part-8) -

1983. iii) Apparatus for Grain Size Distribution of soil, as per IS: 2720 (part-4) -

1985. iv) Apparatus for Liquid Limit & Plastic Limit of soil, as per IS: 2720 (part-5)

-1985. v) Electrical Oven. vi) Apparatus for Field Dry Density test of soil by Sand-Replacement

method, as per IS: 2720 (part-28) -1974. vii) Electronic weigh balance, viii) Cube casting moulds for Concrete and Mortar. ix) Concrete and Mortar cubes - Compressive Testing machine. x) All necessary accessories for the above. All the above tests are mandatory for the works to be done and contractor shall ensure that the above tests are carried out site to the extent possible and in case testing could not be carried out at site laboratory, same tests





shall be carried out at nearest government approved soil testing laboratories / Govt engineering college laboratories.

6.7 Codes and Standards Any Standards / Codes mentioned in this specification mean the latest revision of it including all amendments, if any. In general, the engineered filling work shall be done in accordance with Section 100, 200, 300 and 900 of the ‘Specification of Road and Bridge Works’, 5th Revision, Ministry of Road Transport and Highways (MORTH) and also IRC:SP:58 – 2001, unless otherwise specified. These codes form the integral part of this specification. If, for any material or workmanship, appropriate Indian Standards or Codes are not available or have not been adequately specified in the Technical Specification, such materials and workmanship shall conform to other suitable Standard and Codes as may be approved by KIOCL/Consultant. In case of any conflict between the requirement of this specification and those of the referred codes / standards, the stipulation of this Specification shall govern.

Any special requirements as shown or noted on the project drawings shall govern over this specification.

6.8 Filling Material

The filling shall have to be done by the earth from areas with levels higher than terrace level within the site and from borrow area outside the plant boundary as per requirement.

6.9 Borrow Materials

Clearing of cutting area, borrow area, excavation and transportation to job site shall be done by the Contractor at his own cost. Any stipulation on fill materials, their compaction technique, QC tests etc. mentioned in this TS is equally applicable to approved borrow soil, unless specifically mentioned otherwise.





6.10 Borrow Area i) General

Quantity of earth required for the construction of the fill shall be obtained from the borrow areas from a suitable source outside the plant area after exhaustion of suitable material available from the cutting area. Borrow areas outside the plant premises need to be identified by the contractor at his own cost and contractor shall quote the rate including all expenses towards identification of borrow areas, transporting of soil with any lead. However, contractor shall obtain prior approval for the selected borrow area.

The limits of each borrow area to be used shall be flagged in the field. The depth of cut in all borrow areas will be designated by the KIOCL/Consultant and the cuts shall be made to such designated depths only. The type of equipment used and the operations in the excavation of materials in borrow areas shall be such as will produce the required uniformity of mixture of materials throughout the excavated depth. Borrow pits shall not be opened within a distance of 50 m from the toe of proposed filling on either side and 20 m from the edge of any bituminous road. No borrow area shall be excavated without the approval of the Engineer. Borrow pits shall be operated so as not to impair the usefulness or mar the appearance of any part of the work or any other property. The surface of wasted materials shall be left in a reasonable smooth and even condition. Borrow soil excavated from different depths of the borrow pit shall be excavated, collected, transported and spread at site in a manner which ensures maximum practicable mixing of soils of different depths.

ii) Site Clearance of Borrow Area :

All areas required for borrowing earth shall be cleared of all trees and stumps, roots, bushes, rubbish and other objectionable materials. Particular care shall be taken to exclude all organic matters from the material to be placed in the embankment. All cleared organic materials





shall be completely burnt to ashes or disposed of as directed by KIOCL/Consultant. The cleared areas shall be maintained free of vegetation growth during the progress of the work.

iii) Stripping of Borrow Areas:

Borrow area shall be stripped off top soil, sod and any other matter which is unsuitable for filling purpose. Materials from stripping shall be disposed off in the approved areas, as directed by the KIOCL/Consultant. Clearing and grubbing operation shall be performed in borrow areas including a 3 m wide strip measured beyond and contiguous to the limit lines of the areas. These sites shall be stripped to ensure complete removal of jungles, bushes, vegetation, roots etc.

iv)Laboratory Test for suitability of Borrow Soil

The following Laboratory tests shall be conducted on the representative Borrow Pit Soil samples proposed to be used for controlled filling purpose. Samples collected from different depth intervals at borrow pits for testing purpose shall be thoroughly mixed as far as practicable so as to simulate the actual mixed representative sample to be used at site for filling purpose. Representative sample shall be collected for every 5,000 cum of Borrow Soil or at every change in soil type, whichever occurs earlier and all the following tests shall be conducted on each of them.

i) Grain Size Analysis and Hydrometer Analysis as per IS: 2720 (Part 4) -1985.

ii) Liquid Limit and Plastic Limit test as per IS: 2720 (part 5) -1985. iii) Maximum Dry Density (MDD) and Optimum Moisture Content

(OMC) by Modified Proctor Compaction test as per IS: 2720 (part 8) -1983.

v) Suitability Criteria of Borrow Soil

Before stating of excavation of borrow soil in borrow pit, the same has to be approved by KIOCL/Consultant subject to fulfillment of the following criteria:





a) Maximum Dry Density (MDD) in Modified Proctor compaction test (as

per IS:2720-part 8,1983) shall be not be less than 1.75 gm/cc. b) Liquid Limit and Plasticity Index (as per IS:2720-part 5,1985) shall be less

than 50 and 20 respectively. c) Borrow soil shall be free of boulders, rock pieces or any other

objectionable foreign materials.

All such test results shall be properly recorded with unique identification number with sketch of the borrow area and the particular pit from which the sample is collected. All such document and data shall be submitted to KIOCL/Consultant, before starting excavation in any borrow area.

6.11 Filling by Approved Soil

i) Preparation of Ground surface

All the trees, bushes, shrubs, roots, grass, rubbish etc. shall be cut and removed within the specified area of the fill as demarcated in the drawing. The top soil of the total site shall be excavated and removed by 300 mm thickness. All trees, stumps shall be cut at least 600 mm below original ground level and pits shall be filled with approved earth and compacted by mechanical rammer so as to make the surface at these points conform to the surrounding area.

ii)Excavation

In case any area within the specified filling site boundary is found to be at an elevation higher than the respective TL, the same shall be excavated up to the TL and then compacted.

iii)Setting Out and Taking Levels

After clearing the site, the limits of the cut/fill area should be set out true to the lines, curves, slopes, grades and sections as shown in the drawing. The





limits of the proposed fill area shall be marked by fixing visible and durable batter pegs at regular intervals as guides before commencing the construction. Spot levels in 5m x 5m square grid shall be taken all through the cleared ground which is the foundation base of the engineered fill. Complete drawing showing all spot levels of prepared base shall be submitted to KIOCL/Consultant before starting up any engineered filling work. Thereafter, as the filling work progress, at every 1.0 m level intervals, such spot levels shall be recorded and submitted to KIOCL/Consultant. However, for any stretch, at any RL, such spot levels shall have to be recorded and submitted to KIOCL/Consultant, if asked.

iv) Dewatering

If any area with pond / water course / stagnant water falls within the proposed engineered fill area, the water shall be removed by suitable continuous pumping arrangement and the area of the foundation of filling should be kept dry. Care shall be taken to discharge the drained water so as not to cause damage to works, crops or any other property. During filling work in layers, dewatering shall have to be maintained till completion of filling upto TL. Where necessary to these purposes, the water level shall be lowered in advance of filling work, utilizing well-points or any other suitable methods. The water levels at any point of time shall be maintained a minimum of 1.0 m below the prevailing filled-up level. Open pumping with sumps & ditches, resulting in boils, loss of fines, softening of ground or instability of slopes, will not be permitted. Sumps, wells & well-points shall be installed with suitable screens & filters so that continuous pumping of fines does not occur. The discharge shall be arranged to facilitate collection of samples of water by the customer. The contractor shall provide standby operating equipment to ensure continuous pumping. v)Compacting the Original Ground Supporting the Engineered Fill After filling as per above section, the original ground shall be leveled, scarified up to 200 mm thickness, mixed with required water and then





compacted by Vibratory Roller so as to achieve Field Dry Density of not less than 95% of MDD achieved in Modified Proctor Compaction test (as per IS: 2720, Part 8) at laboratory for the foundation soil.

vi)Sequence of Construction The fill shall be constructed by compacting approved Soil layers of specified thickness and Field Dry Density. After cutting and clearing the site, the total area shall be divided into several stretches of maximum size 100 m x 200 m for compacting at a time by a Vibratory Roller. Such stretches shall be marked in the drawing, provided a unique identification number, by the contractor. The same shall be submitted to KIOCL before taking up any compaction work. In initially undulated areas, size of such stretches may be suitably reduced so that compaction can be done on absolutely horizontal plane only.

6.12 Compaction Procedure for Soil fill

i) The controlled filling shall be done in layers, not exceeding 200 mm compacted thickness of alternate layers of approved Soil, by single drum, wheel-drive Vibratory Roller, so as to achieve a Field Dry Density of at least 95% of MDD achieved in Modified Proctor Compaction test (as per IS : 2720, Part 8) at laboratory.

ii) To ensure proper bonding between fill and vertical face of the original

ground, wherever encountered, suitable bench of 200 mm thick and 200 mm wide shall be excavated on slope of original ground, simultaneously with each layer of compaction of controlled fill.

iii) The soil shall be spread by mechanical dozer and leveled in uniform

thickness of horizontal layers by motor-grader over the entire width. Use of sheep foot rollers may be resorted to ensure proper blending of new soil with the already compacted layer below.

iv) Tractor-pulled mechanical rotavator attached with disc / blade/ harrow etc.

shall be used on loose spread soil, before every stage of rolling to break





the clods and to ensure the uniformity of moisture, throughout the full un-compacted thickness. Any clod of size larger than 50 mm shall be removed from site before rolling.

v) After spreading and thorough mixing of soil at field, the representative

mixed sample shall be collected before rolling and tested at Laboratory as per clause No. 6.13(i) to establish its reference density and other suitability criteria.

vi) During compaction, Field Moisture Content (FMC) of soil shall be in the

range of -2% to +1% of Optimum Moisture Content (OMC) corresponding to Modified Proctor Compaction test and shall be checked as per clause No. 6.13 (ii).

vii) If FMC is found to be less than OMC, then water shall be sprinkled gently

over it from a water tanker fitted with sprinkler capable of applying water uniformly with a controlled flow rate. If FMC is greater than OMC, then the soil shall be sun-dried and/or air-dried. Drying or Wetting operation shall be continued until the FMC reaches in the specified range uniformly throughout the full un-compacted thickness.

viii) The soil shall be compacted in layers not exceeding 200 mm compacted

thickness by specified Vibratory Roller only. ix) The Vibratory Roller shall be of self-propelled type, with two pneumatic

drive wheels at rear axle and one cylindrical smooth steel vibrating drum at front axle having capacity of exerting a static linear operating load of minimum 28 kg/cm in the rolling drum attached with front axle. It shall have the option for dual frequency and dual amplitude within an amplitude range of 0.60 mm to 1.80 mm and frequency range of 30 to 36 cps while operating with vibration.

x) For a particular type of soil, the thickness of loose soil to be spread,

Number of roller passes, Frequency and Amplitude of vibration and Speed





of roller, required to achieve the specified compacted thickness and density shall be established at site by Trial Run.

xi) Each roller pass shall overlap its adjacent pass by a minimum width of 0.30

m. xii) Rolling for each layer shall start from edge of the stretch. The middle-third

portion of the stretch width shall be compacted after compaction of both edges.

xiii) In locations, where compaction by means of Vibrating Roller is undesirable

or impractical viz. adjacent to existing structures or in confined areas, soil shall be compacted by suitable Small Vibratory Roller / Power operated Earth Rammer / Vibratory Plate Compactor, in layers not exceeding 150 mm compacted thickness.

xiv) The compacted field dry density shall be checked after every compaction

stage as per clause No. 6.13 (iii).

xv) If any stage of compaction has to done beside an already compacted stretch, the vertical joint shall be avoided by cutting the compacted face in suitable steps of 200 mm thick and 200 mm wide before placing loose soil for adjacent stretch.

xvi) To prevent any ponding of rainwater (seasonal or unforeseen) on any

compacted soil layer, each layer of compaction shall be given a camber of 1 in 30.

6.13 Quality Control

i) For each layer of soil, before rolling but after spreading and thorough mixing of soil at field, the representative processed sample shall be collected @ at least one sample for every 7500 sqm area or at every change in soil type, whichever occurs earlier. These samples shall be tested in laboratory to establish the reference parameters. The degree of compaction





achieved in the field shall be evaluated w.r.t. the Maximum Dry Density (MDD) obtained in Modified Proctor compaction test (as per IS:2720, part 8 -1983) performed on this representative sample at laboratory.

ii) Field Moisture Content (FMC) shall thoroughly be checked at site before

every stage of compaction by rapid field moisture-meter as per sec. 5, IS:2720 (part 2) -1973 @ at least one test per 1000 sqm area, evenly distributed over the entire stretch of compaction.

iii) The compacted field dry density shall be checked after every compaction

stage, by Sand -Replacement method as per IS:2720 (part 28)-1974. The frequency of testing shall be at least one test for every 1000 sqm of compacted area subject to minimum one test for every shift of rolling operation. The test locations shall be chosen by random sampling technique.

iv) All such test results shall be recorded in a systematic manner with proper

identification number of the vertical Layer and the horizontal Stretch. Soil of any layer shall not be allowed to be spread at site, unless its lower layer is compacted as per specification and approved by KIOCL/Consultant.

6.14 Stone Pitching on Exposed Slope

Pitching shall be done at the exposed slope, of the fill/cut. Pitching (stone paving) shall be mostly hand packed on the slopes. The thickness of pitching layer shall be measured normal to slope of the embankment. The pitching material shall consist of the most durable rock fragments / lime stone of approved quality selected for the purpose. The quality of individual rock fragments / lime stone shall be dense, sound and resistant to abrasion, and shall be free from cracks, seams, shale partings, conglomerate bands and other defects that would tend to increase unduly their susceptibility to destruction by water and weathering action. The shape of the individual rock fragment / lime stone shall be angular. Fragments having thickness less than 50% of their maximum dimensions shall not be used as pitching. The individual stones (for at least 50% of the quantity) laid in pitching shall not be of size less than 22.5 cms. These





stones shall be evenly distributed over the paved area. No stone shall have any dimension less than 10 cms. The stones shall be placed on edge with the longer dimension normal to the slope. Rock fragments and spalls shall be tightly driven into the interstices to wedge the pitching in place and close direct opening to underlying slope. The wedging shall be done with the largest chip practicable; each chip being well driven with hammer so that no chip can be removed by hand. Very irregular projections shall be knocked off so that the pitching presents a reasonably uniform surface free from loose stones. Stones shall be laid in a compact manner beginning at the bottom of the slope with staggered joints.

7.0 SAFETY REQUIREMENTS 7.1 GENERAL

This specification deals with the subject matter of safety and protection to be observed in the Civil Construction. This shall be followed along with all related statutory requirements/obligation including Governmental byelaws, codes, ordinance of local or central authorities related to the construction work.

7.2 EXCAVATIONS

i) Sides of all excavations must be sloped to a safe angle, not steeper than the angle of repose of the particular soil. If it is not possible to give a proper slope, the sides of the excavation where there is a danger of fall or dislodgement of earth or any material, shall be securely supported by timber or other type of shoring.

ii) No excavation or earth work below the foundation level of an adjoining

building / structure shall be taken up unless adequate steps are taken to prevent damage to the existing structure or fall of any part.

iii) Every accessible part of an excavation, pit or opening in the ground into

which there is a danger of persons falling shall be suitably fenced with a barrier upto a height of one metre suitably placed from the edge of the excavation as far as practicable.





iv) No material or load shall be placed or stacked near the edge of the

excavation or opening in the ground. The excavated material shall not be placed within 1.5 m of the trench or half of the depth of the trench whichever is more.

v) Cutting shall be done from top to bottom. No undercutting of sides of

excavation shall be allowed.

vi) All narrow trenches 1.2 m or more depth, shall at all times be supplied with at least one ladder for each 30m in length or fraction thereof. Ladder shall be extended from bottom of the trench to at least one metre above the surface of the ground. The side of the trenches which are 1.5 m or more in depth shall be stepped back to give suitable slope, or securely held by planking, strutting and bracing so as to avoid the danger of side collapse.

vii) Materials shall not be dumped against existing walls or partition to a height

that may endanger the stability of the walls. xi) While withdrawing piled materials like loose earth, crushed stone, sand,

etc., from the stock piles, no overhanging shall be allowed to be formed in the existing dump.

xii) No material on any of the sites of work shall be so stacked or placed as to

cause danger or inconvenience to any person or public or any other agency at work.

8.0 METHOD OF MEASUREMENT 8.1 Measurement of work shall be carried out from the working

drawing/sketches issued by KIOCL/Consultant and mode of measurement shall be as per the latest IS:1200.

8.2 For site leveling, levels shall be taken jointly before start & after completion

of work and the quantity computed based on the levels. Measurements shall be made only for excavation and no separate measurement for filling shall be made except where earth, borrowed from elsewhere for site





leveling work, will be measured separately only for that borrowed portion of earth.

8.3 In cases where it is not possible or convenient to take measurements from

excavated cuts or borrow pits, excavation shall be worked out from filling based on the levels to be taken before and after completion of works. Consolidated fills to be done through heavy mechanical means, 5% deduction for voids shall be considered.

8.4 In exceptional cases where the quantity is measured on the lorry

measurement for filling loose stacks, boxes or any other similar method with the approval of the Engineer the deduction for voids shall be 20 per cent from the gross measured quantity. In case of rocks, such deduction shall be 50% of gross measured quantity.





9.0 (ANNEXURE-I)

PLAIN CEMENT CONCRETE

1.0 SCOPE

1.1 This specification covers the general requirements for concreting to be used on jobs using on-site production facilities / RMC whichever is feasible.

1.2 The work shall include providing of materials, all necessary plant and

equipment, providing adequate engineering supervision and technical personnel, skilled and unskilled labor, etc. as required to carry out the entire work as indicated on the drawings and/or described herein subsequently and/or as directed by the KIOCL/Consultant.

1.3 The Contractor shall carry out all works meant within the intent of this

specification even if not explicitly mentioned herein. All works shall be executed to the satisfaction of the KIOCL/Consultant.

2.0 GENERAL 2.1 The Contractor shall make his own surveying arrangements for locating the

coordinates and positions of all work and establishing the reduced levels (RLs) at these locations, based on two reference grid lines and one bench mark, which will be furnished by Owner. The Contractor has to provide at site, all the required survey instruments, along with qualified surveyors, to the satisfaction of the KIOCL/Consultant so that the work can be carried out accurately and according to the specifications and drawings.





2.2 Any approval, instructions, permission, checking, review, etc. whatsoever by the KIOCL/Consultant, shall not relieve the Contractor of his responsibility and obligation regarding adequacy, correctness, completeness, safety, strength, quality, workmanship etc.

3.0 CODES AND STANDARDS

3.1 All work shall be carried out as per the stipulations contained in various

sections of these specifications and the latest Indian Standards, Acts, Codes and best practices.

3.2 All applicable standards, specifications, etc. and codes of practice shall

generally be the latest editions, including all applicable official amendments and revisions. A complete set of all these documents shall generally be available at site with the Contractor.

4.0 MATERIALS 4.1 General: 4.1.01 All the materials used in the manufacture of concrete shall be in accordance

with the Technical Specification for Properties, Storage and Handling etc., which shall be deemed to form a part of this specification.

4.1.02 The KIOCL/Consultant shall have the right to inspect the sources of

materials, the layout and operation of procurement and storage of materials, the concrete batching and mixing equipment and the quality control system. Such an inspection shall be arranged by the contractor and the KIOCL/Consultant approval shall be obtained prior to starting of the work. The contractor shall also identify the possibility of supply of Ready Mix Concrete conforming to the requirements spelt out in drawings, technical specifications and BOQ as well as adherence to IS Codal provisions.

4.2 Aggregates





4.2.01 Aggregate in general designates both fine and coarse inert materials used

in the manufacture of concrete. Coarse Aggregate is faction retained on 4.75 mm IS sieve. Fine Aggregate is faction which passes through 4.75 mm IS sieve.

4.2.02 Aggregate shall consist of naturally occurring river sand, crushed stone and

gravel from a source known to produce satisfactory aggregate for concrete and shall be chemically inert, strong, hard, durable against weathering, of limited porosity. Aggregates shall conform to I.S. 383

4.2.03 Properties: Aggregates with a specific gravity below 2.6 shall not be used

without special permission of the KIOCL/Consultant. 4.2.04 The coarse aggregate and fine aggregate shall be tested from time to time

as required by the KIOCL/Consultant to ascertain its suitability for use in construction and the charges for testing aggregate shall be borne by the contractor as specified herein after.

4.2.05 Grading of Coarse Aggregate: Coarse aggregates shall be either in single or

graded, in both the cases. The grading shall be within the following limits.

IS Sieve Designation

Percentage passing for single sized aggregates of nominal size

Percentage passing for graded aggregates of nominal size

63 mm

40 mm

20 mm

16 mm

12.5 mm

10 mm

40 mm

20 mm

16 mm

12.5 mm

75mm 100 - - - - - - - - - 63mm 85-

100 100 - - - - 100 - - -

37.5mm 0-30 85-100

100 - - - 95-100

100 - -

19mm 0-5 0-20 85-100

100 - - 30-70

95-100

100 100

16mm - - - 85-100 100 - - - 90-100

-





11.2mm - - - - 85-100 100 - - - 90-100 9.5mm - 0-5 0-20 0-30 0-45 85-

100 10-35

25-55 30-70 40-85

4.75mm - 0-5 0-5 0-10 0-20 0-20 0-5 0-10 0-10 0-10 2.36mm - - - - 0-5 0-5 - - - -

4.2.06 Foreign Material Limitations: The percentages of deleterious substances in

the coarse aggregate delivered to the mixer shall not exceed the following:

Sl. No.

Substances

Percentage by weight of aggregates

Uncrushed Crushed i) Material finer than 75 micron IS

Sieve. 3.00 3.00

ii) Coal and lignite 1.00 1.00 iii) Clay lumps 1.00 1.00 iv) Soft fragments 3.00 -- v) Total of all the above substances 5.00 5.00

4.2.07 Grading of fine aggregate shall be within the limits indicated hereunder:

IS Sieve Designation

Percentage Passing for Grading Zone-I

Grading Zone-II

Grading Zone-IIII

Grading Zone-IV

10 mm 100 100 100 100 4.75 mm 90-100 90-100 90-100 95-100 2.36 mm 60-95 75-100 85-100 95-100 1.18 mm 30-70 55-90 75-100 90-100 600 micron 15-34 35-59 60-79 80-100 300 micron 5-20 8-30 8-30 20-65 150 micron 0-10 0-10 0-10 0-15

4.2.08 Foreign Material Limitations: The percentages of deleterious substances in

fine aggregate, delivered to the mixer shall not exceed the following:





Sl. No.

Substances Percent by weight Uncrushed Crushed

i) Material finer than 75 micro IS sieve

3.00 15.00

ii) Shale 1.00 -- iii) Coal and lignite 1.00 1.00 iv) Clay lumps 1.00 1.00 v) Total of all above substances

including items (I) to (iv) for uncrushed sand and items (iii) and (iv) for crushed sand

5.00 2.00

4.2.09 Fineness Modulus: The fine aggregate shall have a fineness modulus of

not less than 2.2 or more than 3.2. The fineness modulus is determined by adding the cumulative percentages retained on the following I.S. sieve sizes (4.75 mm, 2.36 mm, 1.18 mm, 600 micron, 300 micron and 150 micron) and dividing the sum by 100.

4.2.10 Storage of aggregates: All coarse and fine aggregates shall be stacked

separately in stock piles in the material yard near the work site in bins properly constructed to avoid inter mixing of different aggregates. Contamination with foreign materials and earth during storage and while heaping the materials shall be avoided. The aggregate must be of specified quality not only at the time of receiving at site but also at the time of loading into mixer. Rakers shall be used for lifting the coarse aggregate from bins or stock piles. Coarse aggregate shall be piled in layers not exceeding 1.00 metre in height to prevent conning or segregation. Each layer shall cover the entire area of the stock pile before succeeding layers are started. Aggregates that have become segregated shall be rejected. Rejected material after re-mixing may be accepted, if subsequent tests demonstrate conformity with required gradation.

4.3 Cement





4.3.01 Ordinary Portland cement shall be used for all type of civil works. 4.3.02 Cement, unless otherwise specified or called for by the KIOCL/Consultant

shall be measured in 50 kg bags. Use of bulk cement will be permitted only with the approval of the KIOCL/Consultant. Changing of brands of type of cement within the same structure will not be permitted. Joint account of cement consumed at site for every day for items of work carried shall be maintained by the Contractor for verification to ensure effective control on quality of work.

4.3.03 A certified report attesting the conformity of the cement to IS:

specifications by the cement manufacturer’s chemist shall be furnished to the KIOCL/Consultant, if demanded. Should at any time the KIOCL/Consultant have reasons to consider that any cement is defective, then irrespective of its origin and / or manufacturers test certificate, such cement shall be tested immediately at a National Test Laboratory / Departmental Laboratory or such approved laboratory, and until the results of such tests are found satisfactory, it shall not be used in any work. Cement held in store for a period of ninety (90) days or longer shall be retested before use in work.

4.3.04 The contractor shall make his own arrangements for the storage of

adequate quantity of cement. If supplies are arranged by KIOCL, cement will be issued in quantities to cover work requirements of one month or more, as deemed fit by the KIOCL/Consultant and it will be the responsibility of the contractor to ensure adequate and proper storage, which will provide complete protection from dampness, contamination and minimize caking and false set. Cement bags shall be stored in a dry enclosed shed (storage under tarpaulins will not be permitted), well away from the outer walls and insulated from the floor to avoid contact with moisture from ground and so arranged as to provide ready access. Damaged or reclaimed or partly set cement will not be permitted to be used and shall be removed from the site. The storage arrangements shall be such that there is no dead storage. Not more than 12 bags shall be





stacked in any tier. The storage arrangement shall be got approved by KIOCL/Consultant. Consignments in cement shall be stored as received and shall be consumed in the order of their delivery.

4.3.05 Cement used shall be of standard manufacturers like ACC, JK cements,

Ambuja cement, ULTRATECH (L&T) etc. In case the same is not available in the market or incase of a change in trade name, equivalent makes / re-designated manufacturer shall be used with the approval of KIOCL/Consultant.

4.4 Water 4.4.01 Water used for mixing and curing shall be clean and free from injurious

amounts of oils, acids, alkalis, sugar, organic materials or other substances that may be deleterious to concrete or steel. Potable water is generally considered satisfactory for mixing concrete.

5.0 GRADES OF CONCRETE

Concrete shall be in grades as tabulated below:

Grade Designation Specified Characteristic compressive strength at 28 days (N/mm2)

M7.5 7.5 M10 10 M15 15 M20 20 M25 25 M30 30

5.1.01 Nominal mix Concrete

a) Nominal mix concrete shall be used only for plain cement concrete works and where shown on drawings or specifically allowed by the KIOCL/Consultant. Such concrete shall not require preparation of trial mixes





and all such concrete shall be mixed in a mechanical mixer. The proportion for nominal mix concrete shall be according to Table-9 of IS: 456.

b) The proportion of mix may be slightly adjusted within limits, keeping the total value of aggregates to a given quantity of cement constant to suit the sieve analysis of both the aggregates. Cement shall on no account be measured by volume, but it shall always be used directly from the bags (i.e. 50 kg/bag). The proportion of cement, sand, aggregate and water for concrete of proportion 1:5:10, 1:4:8, 1:3:6 , 1:2:4 , 1:1.5:3 etc. by volume shall generally consist of quantities as given below:

c) As a general guidance, the Nominal mix concrete of mix proportion 1:5:10

shall approximately correspond to grade M5, 1:4:8 shall correspond to grade M7.5, 1:3:6 to grade M10, 1:2:4 to grade M15 of IS: 456 and 1:1.5:3 to grade M20 of IS: 456.

d) If fine aggregates are moist, the amount of surface water shall be

determined. An allowance shall be made for bulking in case of volume batching, in accordance with IS: 2386 (Part-III). Also an allowance shall be made for surface water present in the aggregates, when computing the water requirement. In the absence of exact data, the amount of surface water may be estimated as follows:

Aggregate Approximate quantity of surface

water Percentage by mass

l/ cum

Very wet sand 7.5 120 Moderately wet sand 5.0 80 Moist sand 2.5 40 Moist gravel or crushed rock 1.25-2.5 20-40

6.0 PROTECTION AND CURING OF CONCRETE





6.1 Protection: 6.1.01 Newly placed concrete shall be protected by approved means from rain,

sun and wind. Concrete placed below ground level, shall be protected from falling earth, during and after placing.

6.1.02 The ground water around newly poured concrete shall be kept down to an

approved level by pumping or other approved means of drainage. Adequate steps shall be taken to prevent floatation or flooding. Steps, as approved by the KIOCL/Consultant, shall be taken to protect immature concrete from damage by debris, excessive loading, vibration, abrasion, mixing with earth or other deleterious materials, etc. that may impair the strength and durability of the concrete.

6.2 Curing: 6.2.01 As soon as the concrete has hardened sufficiently, it shall be kept in a damp

or wet condition by ponding or by covering with a layer of sacking, canvas, hessian or similar materials and kept continuously wet for at least seven days after final setting.

6.2.02 Quantity of water applied shall be such as to prevent erosion of freshly

placed concrete.





10.0 (ANNEXURE-II)

REINFORCED CONCRETE & ALLIED WORKS

1.00.0 SCOPE 1.01.00 This specification covers the general requirements for concreting to be

used on jobs using on-site production facilities including requirements in regard to handling, storage of ingredients, proportioning, batching, mixing and testing and quality assurance. This also covers the transportation of concrete from the mixer to the place of final deposit and the placing consolidation, curing, protecting, repairing and finishing of concrete. The contractor shall also identify the possibility of supply of Ready Mix Concrete conforming to the requirements spelt out in drawings, technical specifications and BOQ as well as adherence to IS Codal provisions.

1.02.01 The Contractor shall carry out all works meant within the intent of this

specification even if not explicitly mentioned herein. All works shall be executed to the satisfaction of the KIOCL/Consultant. The contractor shall make provision for making design mix concrete by using weigh batching method within the work site or else procure concrete from Ready Mix Concrete outlets after getting the mix design approved by KIOCL/Consultant as well as submitting the credentials of the RMC plant.

2.00.00 GENERAL 2.01.00 The Contractor shall make his own surveying arrangements for locating the

coordinates and positions of all work and establishing the reduced levels (RLs) at these locations, based on two reference grid lines and one bench





mark, which will be furnished by Owner. The Contractor has to provide at site, all the required survey instruments, along with qualified surveyors, to the satisfaction of the KIOCL/Consultant so that the work can be carried out accurately and according to the specifications and drawings.

2.02.00 The contractor shall establish a site laboratory for testing of material and

quality assurance as per the requirements of this specification. The laboratory shall be manned by qualified personnel.

2.03.00 Any approval, instructions, permission, checking, review, etc. whatsoever by

KIOCL/Consultant, shall not relieve the Contractor of his responsibility and obligation regarding adequacy, correctness, completeness, safety, strength, quality, workmanship etc.

3.00.00 CODES AND STANDARDS 3.01.00 All work shall be carried out as per the stipulations contained in various

sections of these specifications and the latest Indian Standards, Acts, Codes and best practices.

3.02.00 All applicable standards, specifications, etc. and codes of practice shall

generally be the latest editions, including all applicable official amendments and revisions. A complete set of all these documents shall generally be available at site, with the Contractor.

3.03.00 In case of conflict between the stipulations contained in various sections of

these specifications and stipulations of Indian Standards, Codes, etc. the requirements of stipulations contained in various sections of these specifications, shall prevail over that of Indian Standards, Codes, etc.

3.04.00 The following are the various relevant Indian Standards:

IS: 73 2006 Specification for paving bitumen IS: 216 2006 Specification for coal tar pitch IS: 280 2006 Specification for mild steel wire for





general Engineering purposes IS: 383 1970 Specification for coarse and fine

aggregates from natural sources for concrete

IS: 432 (Parts I) 1982 Specification for mild steel medium tensile steel bars and hard drawn steel wire for concrete reinforcement – Mild steel & medium tensile bars

IS: 432(Parts II) 1982 Specification for mild steel medium tensile steel bars and hard drawn steel wire for concrete reinforcement - Hard drawn steel wire

IS: 455 1989 Specification for Portland slag cement IS: 456 2000 Code of practice for plain and

reinforced concrete IS: 516 1959 Method of test for strength of

concrete IS : 650 1991 Specification for standard sand for

testing of cement IS: 702 1988 Specification for industrial bitumen IS: 800 1984 Code of practice for general

construction in steel IS: 816 1969 Code of practice for use of metal are

welding for general construction in mild steel

IS: 1161 1998 Specification for steel tubes for structural purpose

IS: 1322 1993 Specification for bitumen felts for waterproofing and damp proofing

IS: 1363 (Part 1) 2002 Hexagon head bolts, screws and nuts of product grade ‘C’ – Hexagon head bolts (size range M 5 to M 64)

IS: 1363 (Part 2) 2002 Hexagon head bolts, screws and nuts of product grade ‘C’ – Hexagon head





screws (size range M 5 to M 64) IS: 1363 (Part 3) 2002 Hexagon head bolts, screws and nuts

of product grade ‘C’ – Hexagon nuts ( size range M5 to M 64)

IS: 1609 1991 Code of practice for laying damp proofing treatment using bitumen felts.

IS : 1786 2008 Specification for high strength deformed steel bars and wires for concrete reinforcement.

IS: 1834 1984 Specification for hot applied sealing compound for joints in concrete

IS: 2016 1967 Plain washers IS 2062 2006 Hot rolled Low, Medium & High

tensile structural steel IS: 2074 1992 Specification for ready mix paint, air

drying, red oxide zinc chrome IS: 2386 (Part 1) 1963 Methods of test of aggregates for

concrete – Particle size & shape IS: 2386 (Part 2) 1963 Methods of test of aggregates for

concrete – Estimation of deleterious material and organic impurities

IS: 2386 (Part 3) 1963 Methods of test of aggregates for concrete – Specific gravity, Density, voids, absorption and bulking

IS: 2386 (Part 4) 1963 Methods of test of aggregates for concrete – Mechanical properties

IS: 2386 (Part 5) 1963 Methods of test of aggregates for concrete – Soundness

IS: 2386 (Part 6) 1963 Methods of test of aggregates for concrete – Measuring mortar making properties of fine aggregates

IS: 2386 (Part 7) 1963 Methods of test of aggregates for concrete – Alkali aggregate reactivity





IS: 2386 (Part 8) 1963 Methods of test of aggregates for concrete – Petrographic examination

IS: 2502 1963 Code of practice for bending and fixing of bars for concrete reinforcement.

IS: 2571 1970 Code of practice for laying in-situ cement-concrete flooring.

IS: 2645 2003 Specification for Integral cement water proofing compounds for cement mortar and concrete

IS: 2751 1979 Code of practice for welding of mild steel plain and deformed bars for reinforced concrete construction.

IS: 3037 1986 Specification for bitumen mastic for use in water proofing of roofs

IS: 3150 1982 Specification for hexagonal wire netting for general purposes.

IS: 3370 (Part I) 1965 Code of practice for concrete structures for the storage of liquids – General requirements

IS: 3370 (Part II) 1965 Code of practice for concrete structures for the storage of liquids- Reinforced concrete structures

IS: 3384 1986 Specification for bitumen primer for use in waterproofing & damp proofing.

IS: 3414 1968 Code of practice for design and installation of joints in buildings.

IS : 3550 1965 Methods of test for routine control for water used in Industry.

IS : 4130 1991 Safety Code for demolition of buildings.

IS : 4326 1993 Code of practice for earthquake resistant design and construction of





buildings. IS : 5525 1969 Recommendations for detailing of

reinforcement in reinforced concrete work.

IS : 5624 1993 Specification for foundation bolts. IS : 7861 (Parts I) 1975 Code of practice for extreme weather

concreting – Recommended practice for hot weather concreting

IS:12330 1988 Sulphate resistance Portland cement IS : 10262 1982 Recommended guidelines for

concrete mix design. SP : 23 1982 Handbook of concrete mixes. SP : 24 1983 Explanatory Handbook on IS: 456 SP : 34 1987 Handbook on concrete reinforcement

and detailing. MORTH All concrete and bitumen pavement

shall be as per MORTH section no-400, 500,600

4.00.00 MATERIALS 4.01.00 General: 4.01.01 All the materials used in the manufacture of concrete shall be in accordance

with these specifications, Storage and Handling of Common Building Materials, which shall be deemed to form a part of this specification.

4.01.02 KIOCL/Consultant shall have the right to inspect the sources of materials,

the layout and operation of procurement and storage of materials, the concrete batching and mixing equipment and the quality control system. Such an inspection shall be arranged by the contractor and KIOCL/Consultants’ approval shall be obtained prior to starting the work.

4.02.00 Aggregates





4.02.01 Aggregates shall consist of naturally occurring river sand, crushed stone/gravel from a source known to produce satisfactory aggregate for concrete and shall be chemically inert, strong, durable against weathering, of limited porosity and free from deleterious materials that may cause corrosion to the reinforcement or may impair the strength and /or durability of concrete Aggregates shall conform to IS: 383-1970.

4.02.02 Storage of aggregates:

All coarse and fine aggregates shall be stacked separately in stock piles in the material yard near the work site in bins properly constructed to avoid inter mixing of different aggregates. Contamination with foreign materials and earth during storage and while heaping the materials shall be avoided. The aggregate must be of specified quality not only at the time of receiving at site but also at the time of loading into mixer.

4.03.00 Cement 4.03.01 The cement generally used shall be Ordinary Portland cement 43 / 53 grade

only. 4.03.02 The contractor shall make his own arrangements for the supply and storage

of adequate quantity of cement. It will be the responsibility of the contractor to ensure adequate and proper storage, which will provide complete protection from dampness, contamination and minimize caking and false set. Cement bags shall be stored in a dry enclosed shed (storage under tarpaulins will not be permitted), well away from the outer walls and insulated from the floor to avoid contact with moisture from ground and so arranged as to provide ready access. Damaged or reclaimed or partly set cement will not be permitted to be used and shall be removed from the site. The storage arrangements shall be such that there is no dead storage. No more than 12 bags shall be stacked in any tier. The storage arrangement shall be got approved by KIOCL/Consultant. Consignments in cement shall be stored as received and shall be consumed in the order of their delivery.





4.04.00 Reinforcement 4.04.01 Steel reinforcement bars for concrete shall be TMT-HCR bars conforming to

Grade Fe -500 of IS 1786 -2008 manufactured by SAIL, TATA, RINL or JSW. The binding wire shall be 16 SWG approved annealed iron wire.

4.04.02 Storage: Steel reinforcement shall be stored in such a manner that they are

not in direct contact with ground but stacked on top of an arrangement of timbers sleepers or the like. Bars of different classifications and sizes shall be stored separately. In cases of long storage, reinforcement shall be stacked above ground level by at least 15 cm, and a coat of cement wash shall be given to prevent scaling and rusting at no extra cost to the owner. Fabricated reinforcement shall be carefully stored to prevent, distortion, corrosion and deteriorations.

4.05.00 Water 4.05.01 Water used for mixing and curing shall be clean and free from injurious

amounts of oils, acids, alkalis, sugar, organic materials or other substances that may be deleterious to concrete or steel. Potable water is generally considered satisfactory for mixing concrete. The maximum permissible values of impurities shall be as given in clause no. 5.4 of lS:456-2000.

4.06.00 Admixtures 4.06.01 Admixtures in concrete for promoting workability, entraining air for similar

purposes may be used only after the written permission from KIOCL/Consultant is obtained. These shall be free from injurious amount of chloride, etc. Addition of admixtures should not reduce the specified strength or durability of concrete and should not have detrimental effect on reinforcement. The admixtures shall conform to lS:9103 and shall be of proven make and from a reputed manufacturer. Calcium chloride as accelerating admixture is not permitted to be used other than in mass concrete works. The Contractor shall produce latest test results carried out at approved Government Test Houses for the approval of the





KIOCL/Consultant before use. 5.00.00 GRADES OF CONCRETE 5.00.01 Concrete shall be in grades as tabulated below:

Grade Designation Specified Characteristic compressive strength at 28 days

(N/mm2) M10 10 M15 15 M20 20 M25 25 M30 30

5.00.02 The characteristic strength is defined as the strength of material below

which not more than 5% of the test results are expected to fail. 5.00.03 In the designation of a concrete mix, latter M refers to the mix and the

number to the specified characteristic compressive strength of 15 cm cubes at 28 days.

5.01.00 CONCRETE MIX, WORKABILITY & DURABILITY 5.01.01 Concrete mix proportions shall be selected based on the requirements of

workability, strength, and durability. The proportions of cement, aggregates and water shall be determined only by designing the mix. Design mix to be prepared by contractor as per relevant Indian standard (IS10262, SP23 etc., and approved by consultant. Cost will be borne by the contractor. Design mix concrete shall be designated as M20, M25,M30 etc.

5.01.02 Workability

a) Workability of fresh concrete is mainly governed by placing conditions





and compaction. The degree of workability necessary to allow the concrete to be well compacted and to be worked into the corners of formwork and around the reinforcement shall be as stipulated under clause no. 7.0 of IS:456-2000.

b) KIOCL / Consultant may permit use of plasticizers for improving

workability. Use of certain other admixtures such as water proofing compounds also have an effect on workability and shall be considered during mix design.

5.01.03.1 Durability of concrete:

a) Durability requirement is decided depending on the exposure conditions as stipulated in clause 8.2 of IS 456. This is to be taken into account while designing the mix. For given aggregates, the cement content should be sufficient to make sufficiently low water cement ratio and table 5 of IS: 456-2000 shall be taken as guideline for durability considerations.

b) Stipulations of minimum cement content and limiting water cement

ratio should be considered during design of mix. 6.00.00 PREPARATORY WORKS 6.01.00 Earth surface on which direct placement of concrete is to be placed shall be

rammed and consolidated such that it does not crumble and get mixed with concrete during or after placement. If the foundation is quite wet, the same shall be kept dry and then sufficiently consolidated, if necessary, a thin top layer of the wet soil shall be removed and replaced by sand or other suitable materials as directed by KIOCL/Consultant without any extra cost to the Owner. Where specified, lean concrete shall be provided in the earth stratum for receiving concrete. The surface of absorptive soil against which concrete is to be placed shall be moistened thoroughly so that no moisture will be drawn from the freshly placed concrete. In case the





drawings indicate hard core below the blinding concrete, the same shall be provided as per relevant specifications.

6.02.00 Preparation of concrete surface upon which additional concrete is to be

placed later shall preferably be done by scarifying and cleaning while the concrete is between its initial and final set. This method shall be used wherever practicable and shall consist or cutting the surface with picks and stiff brooms and by use of an approved combination of air and water jet as directed by KIOCL/Consultant. Great care shall be taken in performing this work to avoid removal of too much mortar and the weakening of the surface by loosening of aggregate. When it is not practicable to follow the above method, it will be necessary to employ air tools to remove laitance and roughen the surface. The final resulting surface shall be a pitted surface, from which all dirt, unsound concrete, laitance and glazed mortar have been removed.

6.03.00 All such joints shall have continuous square bond grooves to produce a

substantial and watertight key. Where the placement of concrete has to be resumed on a surface which has hardened, it shall be roughened, cleaned by wire or bristle brushing, compressed air, water jet etc., and thoroughly wetted.

7.00.00 FORMWORK AND STAGING 7.01.00 Formwork shall compose of steel, best quality wood or non-absorbent -

type plywood. Timber shall be free from significant knots and shall be of medium grain as far as possible and hard woods shall be used as caps and wedges under or over posts. Timber shall be well seasoned, free from sap, shakes, worm holes, warps or other surface defects and shall have smooth finish. All staging and scaffolding works shall be as per IS3696&IS2750.

7.03.00 Shuttering shall conform to IS:456-2000. Forms shall be pre-fabricated

standard or shop-built panels or built-in-place units, stiffened and braced. A smearing of oil shall be given on the faces of the shuttering in contact





with the concrete. Care shall be taken so that oil does not come in contact with the reinforcement. Forms shall be cleaned from all dust and loose materials before applying oil over it. Formwork with brick lining may be done for structures below ground level on earth face with prior permission of the Engineer. Bricks shall be thoroughly wetted before laying concrete and the brick lining may be left in position, if so desired by the Contractor. The shuttering shall be such that after its removal the exposed concrete surface shall be smooth and even.

7.04.00 The shuttering shall have smooth and even surface and so constructed as

to remain sufficiently rigid during the placing and compacting of concrete and shall be sufficiently tight to prevent loss of liquid from the concrete. Devices shall be provided in the shuttering for forming openings, holes, pockets, chases, recesses etc., where required. Cutting of holes etc. in the concrete after casting shall be avoided. Corner fillets shall be provided in the formwork to obtain chamfered edges to beams, columns etc., wherever required. The Contractor shall maintain necessary camber in centering for all floor slabs and beams in all spanning directions, so as to offset the deflection and assume correct shape. The camber shall have the crown of not less than 8 mm for every 5 metres span unless otherwise shown on the drawings. For cantilever, camber at free end shall be 1 in 100.

7.05.00 The Contractor shall begin the removal of formwork only after approval of

KIOCL/Consultant. Forms of various types of structural components shall, under normal circumstances, not be removed before the minimum periods specified in Cl. 11.3 of IS:456-2000.

7.06.01 Tolerances is a specified permissible variation from lines, grade or

dimensions given in drawings. Unless otherwise specified, the following tolerances will be permitted.

Tolerance in other Concrete Structure All structures





1 Variation of the constructed linear out line from established position in plan

In 5 m (+/-) 10 mm. In 10 m. or more (+/-) 15 mm.

2 Variation of dimensions to individual structure features from established positions in plan

In 20m. or more (+/-) 25 mm. In buried constructions (+/-) 150 mm

3 Variation from plumb, from specifies batter or from cured surfaces of all structures

In 2.5 m (+/-) 10 mm. In 5.0 m (+/-) 15 mm.

In 10.0 m. or more : (+/-) 25 mm In buried constructions (+/-) Twice the

above limits. 4 Variation from level or grade indicated on drawings in

slabs, beams, soffits, horizontal grooves and visible arises In 2.5 m (+/-) 5 mm.

In 7.5 m. or more (+/-) 10 mm In buried constructions (+/-) Twice the

above limits 5 Variation in cross-sectional

dimensions of columns, beams, buttresses, piers and similar

members

(+) 10mm./(-) 5 mm.

6 Variation in the thickness of slabs, walls, arch sections and similar

members

(+) 10 mm./(-) 5 mm

Footings for columns, piers, walls, buttresses and similar

members 1 Variation of dimensions in plan (+) 50 mm./(-) 10

mm 2 Misplacement or eccentricity 2% of footing within





the direction of misplacement but not more than 50 mm

3 Reduction in thickness 5% of specified thickness subject to a maximum of 50 mm.

In case of inclined surfaces, the deviation in the alignment of inclined surfaces shall not exceed 3 mm with reference to the theoretical alignment, for a length of 1000 mm measured vertically, subject to a maximum of 10 mm.

8.00.00 REINFORCEMENT PLACEMENT 8.01.00 All reinforcement for concrete works shall be provided as per approved

drawings. The Contractor shall prepare and furnish to KIOCL/Consultant the bar bending schedules for all RCC works for his review and approval. No work shall commence without the approval of the bar bending schedules by KIOCL/Consultant in writing. Quantity of steel used for Laps and chairs / spacers are not payable and the quoted rate is inclusive of laps and chairs / spacers and wastages.

8.03.00 All bars shall be thoroughly cleaned before being fabricated. Pitted and

defective bars shall not be used. All steel for reinforcement shall be free from loose scales, rust coatings, oil, grease, paint or other harmful matters immediately before placing the concrete. To ensure this, reinforcements with rust coatings shall be cleaned thoroughly before bending/placement of the same.

8.04.00 Unless shown otherwise on the drawings, minimum clear concrete cover

for reinforcement (exclusive of plaster or other finishes) shall be as specified in Cl. 26.4 of IS 456-2000.





8.05.00 Special requirements in corrosive atmosphere: Appropriate measures for structures exposed to severe conditions shall be followed.

9.00.00 EMBEDDED PARTS 9.01.00 Embedded steel parts shall be supplied, fabricated and erected by the

contractor and shall include items such as, but not limited to, foundation grillages, anchor bolts, pipe sleeves, equipment mounting plates, steel rolled sections with or without properly welded lugs, plate inserts, edge protection angles, as shown on the drawings, auxiliary framing for equipment supports, peg stay plugs for door and window frames, miscellaneous frames, etc. reinforcement bars shall not be used for lugs.

10.00.00 MIXING OF CONCRETE 10.01.00 Concrete shall be mixed in a mechanical mixer conforming to IS:1791.

However, mixing shall preferably be done at a single central batching plant, conforming to IS:4925, situated within the area allocated for the Contractor’s particular use as directed by KIOCL/Consultant. The plant shall have a mechanically operated mixer of an approved size and type, capable of ensuring a uniform distribution of the materials throughout the mass and the mass is uniform in color and consistency.

10.02.00 Batching of Concrete 10.02.01 Aggregates and Cement shall always be batched by weight. A separate

weighing device shall be provided for weighing cement. Where the weight of cement is determined by accepting the weight per bag, number of bags shall be weighed separately to determine the average net weight of cement per bag and the same shall be checked regularly. Water may be measured either by weight or by volume. Alternately, concrete may be procured from approved Ready Mix Concrete suppliers ensuring compatibility with the requirement of Technical specifications, BOQ, IS Codes etc.





10.02.02 Any solid admixture, to be added, shall be measured by weight, but liquid or semi-liquid admixture may be measured by weight or volume.

11.00.00 TRANSPORTATION OF CONCRETE 11.01.00 Concrete shall be handled and conveyed as rapidly as practicable, from the

place of mixing to the place of final laying, by approved means, before the initial setting of the cement starts. Concrete shall be conveyed in such a way that there is no segregation or loss of any of the ingredients and maintaining the required workability. If segregation does occur during transport, the concrete shall be remixed. During very hot or cold weather, if directed by KIOCL/Consultant, concrete shall be transported in deep containers which will reduce the rate of water loss by evaporation in hot weather and heat loss in cold weather, at no extra cost to Owner.

11.02.00 Concrete may be conveyed and placed by mechanically operated

equipment e.g. pumps or pneumatic placers only with the written permission of KIOCL/Consultant, who shall also review the entire scheme for which comprehensive details shall be furnished by the Contractor.

12.00.00 CONCRETE PLACING 12.01.00 Before the concrete is actually placed in position; the inside of the

formwork shall be inspected to see that they have been cleaned and oiled. Temporary openings shall be provided to facilitate inspection, especially at bottom of columns and wall forms, to permit removal of saw dust, wood shavings, binding wire, rubbish, dirt etc., Opening shall be placed or holes drilled so that these materials and water can be removed easily. Such openings / holes shall be later suitably plugged.

12.02.00 Formwork and reinforcement shall be approved in writing by

KIOCL/Consultant before concrete is placed. Concrete shall be placed only after all preparations for casting have been approved by KIOCL/Consultant and approval given to proceed with the casting in writing on pour card to be maintained by the Contractor for this purpose and to be submitted





along with the Contractor’s bills. 12.03.00 Slabs, beams and similar members shall be poured in one operation. In

special circumstances, with the approval of KIOCL/Consultant, these can be poured in horizontal layers, but it must be ensured that the under layer is not already hardened. Bleeding of under layer, if any, shall be effectively removed. Moulding, throating, drip course, etc. shall be poured as shown on the drawings or as desired by KIOCL/Consultant.

12.04.00 No concrete shall be placed in wet weather or on a water covered surface.

Any concrete that has been washed by heavy rain shall be entirely removed, if there is any sign of cement and sand having been washed away from the concrete mixture.

12.05.00 For members involving vertical placing of concrete (eg. Columns, walls,

etc.), each lift shall be deposited in horizontal layer extending the full width between shuttering and of such depth that each layer can be easily and effectively vibrated and incorporated with the layer before by means of compaction. Maximum depth of column concrete pour shall be as per the relevant IS codes.

12.06.00 During hot weather (atmospheric temperature above 40 degree centigrade)

the concreting shall be done as per the procedures and precautions set out in lS:7861 (Parts I and II)

12.07.00 Under all ordinary conditions all foundations shall be completely de-

watered and concrete placed on the dry surface. However, when concrete placement under water is necessary, all work shall be executed in accordance with clause 14.2 of IS :456-2000.

13.00.00 COMPACTION 13.01.00 After the concrete has been placed, it shall be spaded and thoroughly

compacted by approved mechanical vibrators to a maximum subsidence without segregation and thoroughly worked around reinforcement or other





embedded fixtures into the correct form and shape. Hand tamping in some cases may be allowed subject to the approval of KIOCL/Consultant. Care must be taken to ensure that the inserts, fixtures, reinforcement and formwork are not displaced or disturbed during placing of concrete.

14.00.00 PROTECTION AND CURING OF CONCRETE 14.01.00 Newly placed concrete shall be protected by approved means from rain,

sun and wind. Concrete placed below ground level, shall be protected from falling earth, during and after placing. Concrete placed in ground containing any deleterious substances, shall be kept free from contact with such ground or with water draining from such ground, during placing of concrete and for a period of at least three days or as otherwise instructed by KIOCL/Consultant.

14.02.00 The ground water around newly poured concrete shall be kept down to an

approved level by pumping or other approved means of drainage. Adequate steps shall be taken to prevent floatation or flooding. Steps, as approved by KIOCL/Consultant, shall be taken to protect immature concrete from damage by debris, excessive loading, vibration, abrasion, mixing with earth or other deleterious materials, etc. that may impair the strength and durability of the concrete.

14.03.00 As soon as the concrete has hardened sufficiently, it shall be kept in a damp

or wet condition by ponding or by covering with a layer of sacking, canvas, hessian or similar materials and kept continuously wet for at least seven days after final setting. This period may be extended, at the discretion of KIOCL/Consultant, up to fourteen days. Curing of horizontal surfaces exposed to drying winds shall begin immediately after the concrete has hardened. Concrete structures shall be cured for the periods mentioned above by flooding with water of minimum 25 mm depth or be wet hessian wrapped around and continuously wetted.





15.00.00 JOINTS IN CONCRETE 15.01.00 Joints including joint filler materials, water bars, resilient pads type

vibration damping material in and around the sides of concrete works, etc. shall be provided as shown in the drawings or as directed by KIOCL/Consultant. Where necessary or/and specified, joints shall be made watertight by use of water stops.

15.02.00 Construction Joints: Location and treatment of construction joints shall be

as approved by KIOCL/consultant. 15.03.00 Contraction Joints provided to eliminate tensile stresses due to shrinkage

where temperature variations are small and where there is no likelihood of expansion, such as spaces below water and earth levels and not exposed to atmosphere. At contraction joints, the reinforcement is discontinued and bond is not allowed to develop between the joint faces, thereby introducing a structural discontinuity. A contraction joint also serves as a construction joint so far as break in the pouring of concrete is concerned.

15.04.00 Expansion Joints provided either to completely eliminate or to significantly

reduce compressive stresses in concrete that would otherwise result by thermal expansion which might crush, buckle or crack, part of the structure. Expansion joints serve the purpose of contraction and also construction joints. Bitumen impregnated fiber board shall be used as joint filler which shall fill space between the concrete surfaces at the joints. The minimum thickness of board shall be 12mm and the material shall conform to IS : 1838. Expanded polystyrene slab when used shall be of fire retarding grade (type-2) conforming to IS: 4671. Density of material shall not be less than 25kg/cu.m.

15.05.00 Water stops shall be provided at the joints as a continuous diaphragm to

contain the filler material and/or to exclude passage of water or any other material into or out of the structure. The Water stops shall be nonmetallic like P.V.C. The material is to be procured from reputed manufacturers having proven records of satisfactory supply of Water Stops of similar make





and shape for other jobs. 15.06.00 The bitumen sealing compound shall be from approved manufacturer and

shall conform to the requirements of lS:1834. For joints in concrete lining on canals/reservoirs, sealing compound conforming to lS:5256 shall be used.

15.07.00 Polysulphide sealant shall be from approved manufacturer, conforming to

lS:12118. Materials shall consist of polysulphide polymer and a curing agent. Gun grade material shall be used unless otherwise specified. The application of the sealant shall be strictly followed as per manufacturer’s guidelines.

15.08.00 Metal cover strips shall be made of aluminum as shown on drawings. The

minimum thickness of aluminum strips shall be 3 mm. Aluminum alloy strip shall be corrosion resistant grade 31000 as per IS:737.

16.00.00 CEMENT ADDITIVES/ADMIXTURES IN CONCRETE 16.01.00 The admixtures shall conform to IS:9103 and shall be of proven make and

from a reputed manufacturer. In addition, for plasticizer-cum-water proofing compound, materials shall meet the permeability requirements as per lS:2645. Similarly, for plasticizer-cum retarder admixture material shall satisfy the setting time requirements of retarder and other properties of plasticizer as per IS:9103

16.02.00 Admixtures in concrete for promoting workability, improving strength,

entraining air or for similar purposes may be used only after the written permission from KIOCL/Consultant, is obtained. Addition of admixtures shall not reduce the specified strength or durability of concrete in any case.





17.00.00 SAMPLING, TESTING AND QUALITY ASSURANCE 18.01.00 Samples from fresh concrete shall be taken in accordance with IS:1199 and

tested as per IS:516. Normally only compressive test shall be performed but KIOCL/Consultant may require other tests to be performed in accordance with lS:516. For Trial Mixes & mix design, at least four trial mixes shall be made with minimum 6 test cubes for each mix. For works tests the minimum frequency of sampling of concrete of each grade shall be according to clause 15.2.2 of lS:456. However, after getting continuous satisfactory results, KIOCL/Consultant, may at their discretion reduce the frequency of sampling. All sampling and testing shall be done in the presence of KIOCL/Consultant.

18.02.00 To control the consistency of concrete from every mixing, slump tests and

compaction factor tests in accordance with lS:1199 shall be carried out by the Contractor as directed by KIOCL/Consultant. Slumps corresponding to the test specimens shall be recorded for reference. The variation in test results shall be in accordance with IS requirements.

18.03.00 If the strength of the laboratory-controlled cubes, for any portion of the

concrete work, falls below the compressive strength specified, KIOCL/Consultant shall have the right to order a change in the proportions or the water content for the remaining portion of the structure. The variation in test results shall be in accordance with IS requirements.

18.04.00 If the strength of the works cured test cubes falls below the specified

strength, KIOCL/Consultant shall have the right to require provisions for temperature and moisture control during the period of curing as necessary to secure the required strength, and may require retests in accordance with the ‘standard method of securing, preparing and testing specimens from hardened concrete for compressive and flexural strengths, or load tests to be made on the portion of the building so affected. All such tests shall be made at the Contractor’s expense.

18.05.00 Unacceptable concrete work shall be dismantled by the Contractor and





replaced by fresh work, meeting the specification requirements. In the course of dismantling, if any damage is done to the embedded items or adjacent structures, the same shall be made good, by the Contractor, to the satisfaction of KIOCL/Consultant, at no extra cost.

19.06.00 Only as a very special case and that too in non-critical areas,

KIOCL/Consultant may accept concrete work which is marginally unacceptable as per the criteria laid down in lS:456-2000. For such accepted work, payment shall be made at a reduced rate prorata to the concrete cube strength obtained, against that stipulated.

18.07.00 If directed by KIOCL/Consultant, Ultrasonic tests and core tests on

structures to ascertain the quality and grade of concreting shall be carried out. Contractor shall arrange for the specialized agency for conducting the test at his own cost. The Contractor shall provide all the necessary facilities and arrangement for conducting the test at site in terms of access, scaffolding etc. In case of any defects, the Contractor shall rectify the same as directed by KIOCL/Consultant. Rebound hammer test shall be carried out for ascertaining the quality of concrete work, as directed by KIOCL/Consultant.

18.08.00 KIOCL/Consultant, if so desires, may order for tests to the carried out on

cement, sand, coarse aggregate, water, reinforcement etc., in accordance with the relevant Indian Standards.





11.0 (ANNEXURE- III)

RANDOM RUBBLE MASONRY

1.0 SCOPE

This section of the specification covers the installation of random rubble masonry.

2.0 GENERAL REQUIREMENTS

2.01 All workmanship shall be in accordance with the latest standards and best

possible practice.

2.02 The Contractor shall carryout all works for setting out, locating the co-ordinates and establishing the reduced levels (RL’s) on the basis of reference grid lines and bench mark, which shall be furnished by KIOCL/Consultant, at one or more locations.

2.03 Any approval, instructions permission, checking, review, etc. whatsoever by KIOCL/Consultant shall not relieve the Contractor of his responsibility and obligation regarding adequacy, correctness, completeness, safety, strength, quality, workmanship, etc.

3.0 CODES AND STANDARDS 3.01 All applicable standards, acts and codes of practice referred to shall be the

latest editions including all applicable official amendments and revisions. A complete set of all these documents shall generally be available at site, with the Contractor.

4.0 STONE MASONRY 4.1 Random rubble masonry:

4.1.01 The rubble shall be of the best quality trap / granite / ballast stones





obtained from the approved quarry. The sample of the stone, to be used shall be got approved from the Engineer-in-Charge. All stones shall, generally be freshly quarried and shall be sound, dense, hard, free from segregation, cracks, weathered portions and other structural defects or imperfections, tending to offset soundness and strength. The percentage of water absorption shall generally not exceed 5% by weight. All stones shall be wetted before use. Stones shall be neatly worked to requisite sections and forms and shall have fully dressed beds and joints. At least 50% of the stones shall be 0.015 cum. in content when reckoned individually. The length of stones for stone masonry shall not exceed three times the height and the breadth or base shall not be greater than three fourth the thickness of wall, or not less than 15 cm. The height of stone may be upto 30 cm. Stones shall be laid on the natural beds and shall run sufficiently inside the wall thickness. No hollow space shall be left out and inter spaces of stones being filled with mortar and stone chips, driven hard and not with mortar only.

4.1.02 All mortar to be used shall be of the type and proportion mentioned in the item. Cement, sand and water to be used shall conform to their relevant specifications as described under cement concrete. The masonry shall be laid to plumb, lines levels, curves, shapes as shown in drawings.

4.1.03 All stones shall be wetted before laying in masonry. Clean chips and spalls carefully selected to fit in the space shall be wedged into the mortar joints and beds wherever necessary to avoid thick beds or joints or mortar. However, proper shaping and dressing of stones shall be done prior to their laying in masonry and hammering shall not be resorted to often after the stones are laid in position.

4.1.04 When practicable, the whole masonry in any structure shall be carried out upto a uniform level throughout. But when breaks are unavoidable in carrying the work continuously in uniform level, sufficiently long steps shall be left. All junction of walls shall be formed at the time when walls are being built. Cross walls should be carefully bonded into the main walls. All masonry built in cement mortar shall be kept continuously wet for 14 days from the date of laying. Should the mortar perish i.e. becomes dry, white or





powder through neglect of watering and if the masonry shows hollow joints or non-adherence of mortar to the stones or if the work does not conform to drawings and specifications, the work shall be pulled down and rebuilt by the Contractor at his own cost and risk. All masonry shall be thoroughly cleaned and washed down on completion and all stains, adhering mortar removed from the surface and raking of joints carried out as the scaffolding is being lowered and removed.

5.00 SAMPLING TESTING AND QUALITY CONTROL 5.01 General

The Contractor shall carry out all sampling and testing in accordance with the relevant Indian Standards and/or International Standards and shall conduct such tests as are called for by KIOCL/Consultant. Where no specific testing procedure is mentioned, the tests shall be carried out as per the prevalent accepted Engineering practice to the directions of KIOCL/Consultant. Material/work found unsuitable for acceptance, shall be removed and replaced by the Contractor. The works shall be redone as per specification requirements and to the satisfaction of KIOCL/Consultant.

5.02 Quality Assurance Programme The Contractor shall submit and finalise a detailed Field Quality Assurance Programme within 15 days from the date of award of the Contract according to the requirements of the specification

12.0 LIST OF DRAWINGS

1. Layout plan site levelling, Drg. No. MEC/01/11/197C/ED/SL/0001/R00 2. Cross section details of RCC retaining wall, slope profile of cutting and

filling, stone pitching details, weep holes and catch drains. Drg. No. MEC/01/11/197C/ED/SL/0002/R00 & MEC/01/11/197C/ED/SL/0003/R00





13.0 BILL OF QUANTITIES

SECTION - SC [ SITE CLEARANCE]

ITEM DESCRIPTION UNIT QTY RATE

SC-1 Clearing bushes including uprooting of rank vegetation, green bush wood, trees and saplings of girth up to 30 cm (measured at a height of 1 Meter above G.L.), stacking the serviceable materials within 5 Km lead and removal of all the rubbish/unserviceable materials up to 5 Km lead as directed, complete as per specification

Sqm 40280

SC-2 Removing top soil including grass and/or

inequalities to required depth not exceeding 200 mm and disposal of same including rubbish etc. up to a lead of 5 Km, all lifts, complete as per drawing, specification and directions of the engineer.

Sqm 115000

SC-3 Felling of trees of girth (measured at a height of

1m above ground level) including cutting of trunks and branches, removing the roots and stacking of serviceable material up to depositing the same with the client at a location as indicated by them within the plant premises and disposal of unserviceable material to an area identified by the owner within a lead of 5 KM all complete as per technical specification and directions of the Engineer with all men, materials and tools & plant.

a) Girth beyond 30cm and up to and including 60cm girth.

Each 20

b) Beyond 60cm girth up to and including 120 cm Each 5





girth. SECTION - EW (EARTHWORK)

TEM DESCRIPTION UNIT QTY EW-1

Earthwork in excavation in cutting and filling for site leveling and grading in all kinds of soil i.e. ordinary soil, hard soil, and also soft/decomposed rock (excluding hard rock requiring blasting/chiseling) and in debris at all depths, in both dry and wet conditions, including dewatering of surface or sub-surface water, transportation and filling the approved excavated earth in layers not exceeding 200 mm each by vibratory roller including breaking clods and compacting to achieve field dry density of 95% modified proctor density for cohesive & semi-cohesive soil or 70% relative density for cohesion less soil, stacking, transportation and disposal of surplus or unserviceable excavated soil, and debris etc. up to 5Kms lead (lead for both filling and disposal) at locations as indicated by the engineer including leveling, dressing or stacking the same as directed, with all bye works complete as per speci-fication.(Payment shall be made for cutting portion only after deducting corresponding quantity of hard rock, if any, paid separately under respective item. No separate payment will be made for filling). Within KIOCL Plant Boundary

(i) Up to a lead of 2.0 Km

Cum

142500





EW-2 EW-2a

Earth work in cutting in all kinds of soil by mechanical means (Hydraulic excavator)/manual means over areas (exceeding 30 cm in depth, 1.5 m in width as well as 10 sqm on plan) including getting out and disposal of excavated earth lead upto 50 m and lift upto 2.0 m, as directed by Engineer-in-charge. Transporting and disposal outside KIOCL Plant Boundary


Cum

Cum

49400

49400

EW-3 EW-3a

Same as above (EW-2) but for hard rock requiring blasting Disposal within KIOCL Plant Boundary


(ii) Up to a lead of 5 Km Same as above (EW-2) but for hard rock requiring chiseling Disposal within KIOCL Plant Boundary



Cum

Cum

Cum

Cum

350

100

100

75

EW-4 Earthwork in additional filling in site leveling

works (where amount of filling is more than that of cutting, available good earth from cutting





being less than that required for filling) with supply of approved earth from borrow-pits, outside plant premises with all leads including excavation at all depths and heights, transporting to place of filling in all leads loading, unloading, depositing, breaking clods, laying in layers of 200 mm thick, compacting to achieve a field dry density of 95% modified proctor density for cohesive & semi-cohesive soil or 70% relative density for cohesion less soil, wherever required, leveling, dressing etc. with all bye works complete as per drawing, specification and instruction of the engineer. (Payment shall be made for filling as per method of measurement as indicated in specification). The rate includes all allowable taxes, duties and cess.

Cum

5000

EW-5 Earthwork in filling in site leveling works in all kinds of soil with earth obtained by reclaiming the already deposited earth obtained as surplus earth other areas inside the Plant boundary including retrieval, transporting up to a lead of 3 Km, loading, unloading, depositing, breaking clods, laying in layers of 200 mm thick, compacting to achieve a minimum field dry density of 95% modified proctor density for cohesive & semi-cohesive soil or 70% relative density for cohesion less soil wherever required, leveling, dressing etc. with all bye works com-plete as per drawing, specification and instruction of the engineer. (Payment shall be made for filling as per method of measurement as indicated in specification).

Cum

1000





EW-6 Earth work in excavation by mechanical means in all kinds of soil using(Hydraulic excavator) / manual means in foundation trenches or drains, retaining walls including dressing of sides and ramming of bottoms, lift upto 2.0 m, including getting out the excavated soil and disposal of surplus excavated soil, backfilling etc. as directed, within a lead of 50 m.

Cum

1700

EW-7 Providing and laying random rubble stone

pitching using 225mm thick approved quality stone laid on compacted sloped profiled ground surface, road, drain etc. forming uniform pattern, curing etc., all complete as per drawing, specification and directed by the Engineer with cement pointing at joints in CM 1:4 and as directed by the engineer.

Sqm

2500

SECTION - CC - PLAIN AND REINFORCED

CONCRETE

CC-1 Providing and laying in position cement concrete of M10 grade insitu / ready mix concrete excluding the cost of centering and shuttering - All work up to plinth level :1:3:6 (1 Cement : 3 coarse sand (zone-III) : 6 graded stone aggregate 20 mm nominal size) including curing etc.

Cum

80

CC-2 Providing and laying in position M20C grade with minimum cement content of 300kg/Cum of reinforced cement concrete (BMC/RMC), in drains etc., excluding the cost of centering, shuttering, finishing and reinforcement but inclusive of curing etc.

Cum

65





CC-3 a) b)

Providing and laying in position machine batched and machine mixed design mix M-30 grade cement concrete (BMC/RMC) for reinforced cement concrete work in retaining wall etc., using cement content as per approved design mix, including pumping of concrete to site of laying but excluding the cost of centering, shuttering, finishing and reinforcement, including admixtures in recommended proportions as per IS: 9103 to accelerate, retard setting of concrete, improve workability without impairing strength and durability, necessary curing etc. as per direction of Engineer-in-charge. (Note :- Cement content considered in this item is @ 340 kg/cum. Excess/ less cement used as per design mix is payable/recoverable separately). All works upto ground (terrace) level All works above ground (terrace) level

Cum Cum

240 140

CC-4

Add /deduct for using extra/less cement in the items of design mix over and above the specified cement content therein.

Qtl

20

CC-5 a) b)

Centering and shuttering including strutting, propping etc. and removal of formwork for all lead and lift for : Foundations, footings, bases of columns, etc. for mass concrete Walls (any thickness) including attached pilasters, buttresses, plinth and string courses etc.

Sqm

Sqm

1550

1100





CC-6 Supplying, fabricating and fixing in position steel

reinforcement at all levels and positions both in foundations and in superstructures including the cost of steel, transportation, straightening, cutting, bending, cranking, binding, welding etc. as per drawings and specifications, including cost of binding wire, labor, preparation of BBS etc., all complete, for reinforced concrete work and at any other place as specified. (Payment will be made on the basis of standard weight per meter length of the bar , chairs and spacer bars provided will not be Measured for payment). Note : 1.Chairs, spacers, wastage etc. shall be to contractor’s account. 2. Rate quoted shall be inclusive of wastages 3.TMT bars confirming to Grade Fe – 550 of IS 1786 -1985.

Kgs

36000

SECTION - MN - RANDOM RUBBLE MASONRY MN-1 Random rubble masonry with hard stone at all

levels including levelling up with cement concrete 1:6:12 (1 cement : 6 coarse sand : 12 graded stone aggregate 20 mm nominal size) upto terrace level with Cement mortar 1:6 (1 cement : 6 coarse sand) and necessary curing etc.

Cum

50

SECTION - MS - MISCELLANEOUS WORKS MS-1 Providing and fixing of 110 Dia UPVC pipe with

2.7mm thickness (As per IS: 13592) as weep holes in embankment slope, culvert /Drain walls wrapped with stone aggregate (size 63mm down





aggregate) as filter media (a min. quantity of 0.6 Cu.ft) to prevent ingress of soil into pipe including excavation, backfilling, protect the pipes during construction, clearing after concreting etc. at all locations as per drawings & direction of the engineer.

RM

750

Note: a. Cost towards aggregate, excavation, backfilling etc. shall be deemed to have included in the quoted rate. b. For the measurement for payment purpose length of pipe embedded in embankment shall be considered.

MS-2 Carriage of excavated building rubbish, cement,

stone blocks etc., upto a distance of 5 Kms and depositing the same as directed by the Engineer Incharge.

Cum 25

MS-3 Carriage of GI, CI, AC & CC pipes with in the plant premises at a designated place as directed by the Engineer Incharge.

Tons 5

MS-4 Supplying and fixing 25mm thick approved premoulded bitumen impregnated fibre board (Shalitex board or approved equivalent) at expansion joints, gaps etc. at all heights and depths above and below finished ground level as per drawings, specifications and directions of the Engineer/Consultant, all materials, tools and labour complete in all respect:

Sqm 10