office of the chief executive officer ... - maa vaishno devi · office of the chief executive...

230
OFFICE OF THE CHIEF EXECUTIVE OFFICER SHRI MATA VAISHNODEVI SHRINE BOARD, KATRA E -NIT NO: MVE/19/2072 Dated:- 25.10.2019 For and on behalf of Chairman Shri Mata Vaishno Devi Shrine Board, Katra, tenders are invited through e-tendering mode on Item rate basis from eligible contractors/firms/construction companies for the following work:- S.No Name of work Estimated cost Cost of tender Earnest money Time allowed for completion Class of contractor 1. 2 3 4 5 6 7 1. Const. of Durga Bhawan building G+4 storeys R.C.C framed structure with Pile foundations and open foundations at Shri Mata Vaishno Devi Shrine. Rs. 22.00 Crores Rs. 5,000/= Rs. 44.00 Lacs 60 calendar months Contractors / Construction firms / Construction companies registered with State Govt., Central Govt., PSUS possessing the requisite experience The bidding documents consisting of qualifying information, eligibility criteria, Terms and conditions, specifications, drawings and bill of quantities and other details can be seen / downloaded from the website http:// jktenders.gov.in as per below mentioned schedule: 1. Date of issue of tender notice 25-10-2019 2. Period of downloading of bidding documents From 01-11-2019 onwards at http:// jktenders.gov.in. 3. Date, time and place of prebid meetings First meeting: 08-11-2019, 11.30 A.M in the office of Chief Engineer,SMVDSB, 4 th Floor, Kalika Dham, Railway Road Jammu.

Upload: others

Post on 11-Mar-2020

2 views

Category:

Documents


0 download

TRANSCRIPT

OFFICE OF THE CHIEF EXECUTIVE OFFICER SHRI MATA VAISHNODEVI SHRINE BOARD, KATRA

E -NIT NO: MVE/19/2072 Dated:- 25.10.2019

For and on behalf of Chairman Shri Mata Vaishno Devi Shrine Board, Katra, tenders are invited through e-tendering mode on Item rate basis from eligible contractors/firms/construction companies for the following work:-

S.No Name of work Estimated cost

Cost of tender

Earnest money

Time allowed for completion

Class of contractor

1. 2 3 4 5 6 7 1. Const. of Durga

Bhawan building G+4 storeys R.C.C framed structure with Pile foundations and open foundations at Shri Mata Vaishno Devi Shrine.

Rs. 22.00 Crores

Rs. 5,000/=

Rs. 44.00 Lacs

60 calendar months

Contractors / Construction firms / Construction companies registered with State Govt., Central Govt., PSUS possessing the requisite experience

The bidding documents consisting of qualifying information, eligibility criteria, Terms and conditions, specifications, drawings and bill of quantities and other details can be seen / downloaded from the website http:// jktenders.gov.in as per below mentioned schedule:

1. Date of issue of tender notice 25-10-2019 2. Period of downloading of bidding

documents From 01-11-2019 onwards at http:// jktenders.gov.in.

3. Date, time and place of prebid meetings

First meeting: 08-11-2019, 11.30 A.M in the office of Chief Engineer,SMVDSB, 4th Floor, Kalika Dham, Railway Road Jammu.

Second meeting: 20-11-2019, 11.30 A.M at the same venue as above. The site visit by the bidder is must before attending the prebid meeting.

5. Bid submission end date 03-12-2019 upto16.00 Hrs 6. Date & time of downloading / opening

of technical bids(online) 04-12-2019 at 14.00Hrs in the Office of Chief Executive Officer (central office of SMVDSB) at Katra.

7. Date and time of downloading/ opening of financial bids(Online)

To be notified to the responsive bidders only.

1. Bids must be uploaded along with Scanned copy of cost of Tender document in the shape of Demand Draft in favour of Chief Accounts Officer, SMVDSB, Katra, payable at Katra.

2. Scanned copy of Earnest Money/ Bid Security instrument in shape of CDR/FDR pledged to the Chief Accounts Officer, SMVDSB is also required to be uploaded along with tender.

3. The original instruments in respect of cost of Tender Document and EMD shall be submitted to the office of Chief Accounts officer, SMVDSB, Central office at Katrain separate envelopes on or before the last day of receiving tenders i.e. 03-12-2019. In case the said original instruments are not received by the tender opening authority by the prescribed period, the tender of the said bidder shall not be downloaded.

4. The date and time of opening of financial bids will be notified on websitehttp:// jktenders.gov.in and conveyed to the bidders automatically through an e-mail /message on their email address/SMS on their registered mobile number. The financial bids of the responsive bidders shall be downloaded/opened inline in the central office of SMVDSB at Katra by the designated office.

5. The L1 bidder shall be required to submit an original copy of uploaded tender /Bid within 10 days of opening of financial bid .

6. The bids for the work shall remain valid for a period of 120 days from the date of opening of Technical Bids. The EMD shall be valid upto the same period.

7. The earnest money shall be forfeited, if:-

a). Any bidder withdraws his bid/tender during the period of bid validity or submits a conditional tender.

b). In case the contractor fails to execute the agreement within stipulated time as mentioned in the tender document.

Sd/-

Executive Engineer (Civil), S.M.V.D.S.B., Katra

INSTRUCTION TO BIDDERS GENERAL GUIDANCE FOR e-TENDERING: 1. Registration of Contractor: Any contractor willing to take part in the process of e-Tendering will have to be enrolled & registered with the Government e-Procurement System.

Digital Signature Certificate (DSC): a) Contractors willing to take part in the process of e-tendering are required to have/obtain

Digital Signature Certificate (DSC) in the name of person who will sign the tender, from any authorized Certifying Authority. DSC is given as a USB e-Token. After obtaining the Digital Signature Certificate (DSC) from the approved Certifying Authority they are required to register the fact of possessing the Digital Signature Certificates through the registration system available in the website

b) The contractor can search & download NIT & bid document electronically once he logs on to the said website using the Digital Signature Certificate. This is the only mode of collection of bid document.

Submission of Tenders: Tenders are to be submitted online through the website https://jktenders.gov.in. All the

documents uploaded by the Tender Inviting Authority form an integral part of the Contract. Bidders are required to upload all the tender documents along with the other documents, as asked for, in the tender, through the above website within the stipulated date and time as given in the Tender Notice. Tenders are to be submitted in two folders - one is Technical Proposal and the other is Financial Proposal. The Bidder shall carefully go through the documents and prepare the required documents and upload the scanned documents in Portable Document Format (PDF) to the portal in the designated locations of Technical Bid. The bidder needs to download the BOQ, fill up the rates in the BOQ in the designated Cell and upload the same in the designated location of Financial Bid.

The documents uploaded shall be virus scanned and digitally signed using the Digital Signature Certificate (DSC). Bidders should take note of all the addendum/corrigendum related to the tender and upload the latest documents as part of the tender.

2. BID DOCUMENT:

a) Bid documents as uploaded by SMVDSB. b) Scanned copy of CTS 2010 compliant Demand Draft (DD) / Pay Order towards tender fee as

prescribed in the NIT, in favour of “Chief Accounts Officer,SMVDSB” payable at “Katra”. c) Scanned copy of EMD as prescribed in the NIT, in favour of “Chief Accounts Officer,SMVDSB ”

payable at “Katra”. d) Tender drawings (if any). e) GST registration No., GSTIN, ,

f) PAN Card g) I.T. Return Copies of last 3 (three) financial years i.e 2018-19,2017-18,2016-17 h) Documentary evidence(s) regarding fulfillment of Commercial eligibility criteria of “Invitation of

Bid”.

i) Self attested copies of orders/allotments with work completion certificates from Client to establish work experience as required in the NIT.

Failure to submit any of the above documents will render the bidder liable to be rejected for

techno-commercial bid. The above should be arranged in the following manner: Click the check boxes beside the necessary documents in the My Document list and then click the Tab ‘Submit Non Statutory Documents’ to send the selected documents to Non-Statutory folder. Next, click the tab “Click to Encrypt and upload” and then click the “Technical” Folder to upload the Technical Documents. Bidders are advised to use “My documents” area in their e-tendering portal to store the documents. Bidders are also advised to scan their documents at 100 DPI ( Dots per inch) resolutions with black and white PDF/scan property. The bidder shall submit the details of experience and the machinery available with him /to be deployed to establish his capacity for executing the piling work. In case the bidder has no such experience or machinery with him and intends to execute the piling work by engaging a sub contractor, he shall have to convince the Employer with the help of credentials of the sub contractor he intends to engage . The details shall be uploaded against sub item ( e ) in the table against credentials S.No Category Sub-Category

Description Details

1. Certificates Certificates a)Registration certificate of Contractor

/Firm/Company b) PAN Card. c) GST Registration No.

2 Credentials Credentials a) Performance as prime contractor for execution of similar nature of work for last 07 (seven) years and details of work in hand.

b) Document of Credential (in the form of work completion certificates , payment certificates and allotment letters.

c) List of Machinery proposed to be deployed for the work if allotted

d) List of Key personnel along with their credentials proposed to be deployed for the work if allotted.

e) Name of subcontractor along with his credential if proposed to be engaged.

f) A self attested affidavit that none of his relatives associated with this work are the employees /working in Shri Mata Vaishnodevi shrine board.

3 Financial Information Financial Information a)Copy of I.T return for Last 03 (three) financial years i. e 2018-19,2017-18,2016-17)

b) Final turnover certificates duly signed by CA for last three financial years c) Copies of IT returns submitted for last three years mentioned above d) Affidavit for Availability of working capital. e) Affidavit of credit facility from bank .

In case document certifying credit facility from a scheduled bank is

submitted, the requirement shall be judged by adding available credit facility and working capital taken together.

4 Earnest Money Earnest Money Scanned copy of EMD instrument. 5 Tender Cost Tender Cost Scanned copy of Bank Draft

· Original documents if required to be verified,the same shall have to be facilitated by the bidder.

· The bidder shall have to go through all the “Annexures” enclosed in this bid document and submit the filled in proforma of the appropriate/relevant annexures with the bid document putting the signature with seal before uploading the tender.

· Price bid should contain the priced “Bill of Quantities” (BOQ) in one cover (folder). Bidder is to quote the rate on ‘item rate basis’ in the space marked for quoting rate in the BOQ as well as GST applicable against each item in the format.

3. VALIDITY OF BIDS:

Price bid of the tender shall be opened within a stipulated time limit from the date of opening of Part-I preferably within 45 (Forty Five ) days. Bids shall remain valid for a period of 120(one hundred & twenty) days from the Last day of receiving of the tender. However, prior to expiry of the original Validity Period, SMVDSB may, on the merit of case, request for extension of validity of the offer for a further period of maximum 90 (ninety) days without any change in terms & conditions of the offer. The bidder may refuse the request without forfeiting his Bid Security / EMD.

4. EARNEST MONEY DEPOSIT (EMD): The bidders shall deposit the requisite earnest money offline, in the form of CDR/FDR in favour of “Chief Accounts Officer, SMVDSB ” on any scheduled Bank payable at “Katra”, within stipulated deadline and scanned copy shall also be uploaded with the bid. The earnest money/bid guarantee shall be valid for four calendar months with an additional claim period up to three months from the date of submission of bid. Bidder shall not claim any interest on Earnest Money Deposit. Earnest money will be refunded to the unsuccessful Bidders after finalization of the tender but not later than 60(sixty) days after the expiry of the period of bid validity prescribed by SMVDSB. In case of successful Bidders, EMD will be refunded only after submission of the Performance security as per terms of contract. The bid guarantee/EMD shall be forfeited:

4.1 If during the period of validity specified by the bidder, the bidder withdraws/modifies its bid as a whole or part.

4.2 If bidder deviates from any clarification/confirmation given by him subsequent to submission of his bid.

4.3 In case of successful bidder, if bidder fails 4.3.1 To accept LOI/Order unconditionally and sign contract 4.3.2 To furnish the contract performance bond as per enclosed Proforma

5. PRE BID MEETING: a). Two pre bid meetings shall be arranged by SMVDSB in which all the bidders will be

requested to attend. The dates of pre bid meeting are mentioned in the NIT. b). If there be any discrepancy or obscurity in the meaning of any clauses of the bid document

or if there be any query of the intending bidder, the bidder may submit their queries to the tendering authority before specified date. Any change in date shall be uploaded on the website https:// jktenders.gov.in

c). Non attendance at the pre-bid discussion will not be a cause for disqualification of bidders. d). The clarification given in the pre bid discussion shall be final and binding on the bidder,

being a part of the original Bid Document. e). Pre-bid proceedings shall be circulated among all bidders by email.

6. BID SUBMISSION: Bids shall be submitted online within the stipulated deadline. SMVDSB may at its discretion, extend the deadline of bid submission by issuing an amendment. In that case all rights and obligations of SMVDSB and the bidders previously subject to the original deadline shall thereafter be subject to the new deadline as extended.

7. BID WITHDRAWAL: The bidder may withdraw his bid after submission but within the deadline of bid submission, provided written notice of the withdrawal is received by SMVDSB prior to the deadline for bid submission. No bid shall be withdrawn after the deadline of bid submission. Withdrawal of bid by any bidder after the deadline of bid submission shall result into forfeiture of EMD. 8. BID OPENING:

a) Bid Guarantee/EMD shall be opened by SMVDSB offline on the stipulated date of its submission and will be scrutinized.

b) Techno-commercial bids shall be opened only for those bidders whose Hard copy of EMD has been found in order. Bidder’s representatives with written authorization may attend bid opening.

c) SMVDSB will scrutinize and evaluate techno-commercial bid. After that, the list of techno- commercially qualified bidders and date & time of price bid opening will be notified in the web portal.

d) SMVDSB may, at its discretion, extend the key dates of the bid or cancel the entire bidding process without explaining the reasons for such action.

e) SMVDSB reserves to instruct the bidders to submit hard copy of any relevant document (and to produce the original documents for verification) during scrutiny & evaluation of bids. Bidders’ failure to comply to such instruction may lead to rejection of bid.

9. PROCESS TO BE CONFIDENTIAL:

a) After the opening of bids, information relating to the examination, clarification, evaluation and comparison of bids, and recommendations concerning the award of contract shall not be disclosed to bidders or other persons not officially concerned with such process.

b) Any effort by a bidder to influence SMVDSB or other connected in the process of examination, clarification, evaluation and comparison of bids, and in decisions concerning the award of contract, may result in the rejection of his/their bid.

c) Formation of any Cartel, may lead to the cancellation of tenders with penal measures as necessary and SMVDSB reserves the right to take such unilateral decisions without further notice to anymore.

10. RIGHT TO REJECT BIDS: SMVDSB reserves the right to accept or reject the bid, wholly or partly, or to split the work in parts and to add/delete any of the items, without assigning any reason whatsoever. 11. BIDDER’S SITE VISIT: Before attending the prebid meeting/meetings , the bidder shall be required to visit and examine the site and its surroundings and obtain all information that may be necessary for preparing the bid. Such site visit shall be at the contractor’s own expense, risk and responsibility. Lack of knowledge of site /site conditions/working conditions shall not be considered as a reason whatsoever it may be. SMVDSB, shall however, facilitate such visits to the extent possible on written requests of prospective bidders.

12. COST OF BIDDING: The bidder shall bear all costs associated with the preparation and submission of his bid and SMVDSB in no case shall be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. 13. DETERMINATION OF RESPONSIVENESS:

13.1 Prior to the detailed evaluation of bids, SMVDSB will determine whether the bid is substantially responsive to the requirement of the bidding document.

13.2 For the purpose of this clause a substantially responsive bid is one which conforms to all the terms, conditions and specification of the bidding document, without material deviation, or reservations. SMVDSB's determination of bid's responsiveness shall be based on the contents of the bid itself without recourse to extrinsic evidence.

13.3 If a bid is not substantially responsive to the requirements of the bidding document, it may be rejected by SMVDSB and the same cannot subsequently be made responsive by the bidder by correction or by additional information.

14. CORRECTION OF ERRORS:

14.1 If there be a discrepancy between the unit price and the total price that is obtained by multiplying the unit price & quantity, the unit price shall prevail and total price shall be corrected.

14.2 If there be a discrepancy in figure and word the total amount stated in word shall prevail. 15. TIME SCHEDULE: The basic consideration and the essence of the contract shall be the strict adherence to the time schedule specified in the bidding document. 16. EVALUATION AND COMPARISON OF BIDS:

16.1 On examination of documents submitted under different covers, SMVDSB will evaluate and compare the bid, determined to be substantially responsive at each step.

16.2 Evaluation of bid will include and will take into account: 16.2.1 SMVDSB shall evaluate and compare only the bids determined to be substantially

responsive. 16.2.2 The bids shall be evaluated on the basis of total price for the entire scope of work

covered under this bid document. 16.2.3 Evaluated bid-price of all bidders shall be compared among themselves to

determine the lowest evaluated bid and as a result of this comparison, the lowest bid will be selected for award of contract.

16.2.4 Conditional rebate, if any, offered by any bidder shall not be considered in Bid evaluation.

17. PROCEDURE OF EVALUATION: Evaluation of tenders will be done in the following steps: Step-1 The EMD will be examined first. The mode and amount of deposit must be in conformity with requirements set forth in the "EMD" clause, failing which the bid is liable for rejection without opening other covers. Step-2 Techno-Commercial Evaluation for two part bidding: Only those bids meeting the requirements of previous step will be examined and assessed. The bidders will be intimated about the non-compliance of various techno commercial requirements and asked for conforming compliance with the condition of bidding document, if allowed by the authority. In case, it is felt necessary by SMVDSB that post bid discussion are required, the same will be carried out individually with each bidder. The bidders will be required to confirm compliance with all the conditions of bidding document. Bids, which do not satisfy the ‘Must Conditions’ will not be considered for technical evaluation. ‘Must Conditions’ are to be submitted as per format enclosed with this section. No clarification will be asked from the bidder in this regard.

Step-3 Opening of price part and financial evaluation on completion of techno-commercial evaluation. Cover-3 containing price offer of the bidders who have successfully made the requirements of previous steps will be opened in presence of the bidder’s representative on subsequent pre-intimated date. Price bid of the bidders who do not fulfill the Techno-Commercial requirements shall not be opened. 18. AWARD OF CONTRACT 18.1 Award of Contract SMVDSB will award the contract to the successful bidder whose bid has been determined to be substantially responsive, qualified to satisfactorily perform the contract and evaluated as the lowest bidder. 18.2 SMVDSB’s RIGHT TO ACCEPT OR REJECT BIDS 18.2.1 The right to accept the tender will rest with the Owner. The Owner, however, does not bind himself to accept the lowest bid, and reserves to itself the authority to reject any or all the bids received without assigning any reason whatsoever. At the option of the Owner, the work for which bids have been invited, may be awarded to one Contractor or may be split between more than one bidders, in which case the award will be made for only that part of the work, in respect of which the bid has been accepted. The quoted rate of the bidder should hold good for such eventualities. 18.2.2 Tenders in which any of the particulars and prescribed information are missing or are incomplete in any respect and/or the prescribed conditions are not fulfilled are liable to be rejected. The Tender containing uncalled for remarks or any additional conditions are liable to be rejected. 18.2.3 Canvassing in connection with tenders is strictly prohibited and tenders submitted by the Bidders who resort to canvassing will be liable to rejection. 18.2.4 SMVDSB reserves the right to accept or reject any bid, and to annul the bid process and reject any or all the 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 bidders or bidder of the grounds for SMVDSB’s action. 18.3 PLACEMENT OF LETTER OF AWARD/ORDER After approval of bid evaluation by SMVDSB, SMVDSB may, at its sole discretion, invite the successful bidder for a pre-award discussion. After such pre-award discussion and prior to the expiry of validity of bid of the successful bidder, SMVDSB will notify the successful bidder of acceptance of their bid in writing by issuing a detailed Letter of Award (L.O.A.)/Order (mentioned as L.O.A./Order hereinafter and elsewhere in this bid document) in duplicate. The successful bidder sign and return one copy of the L.O.A./Order to SMVDSB as an acknowledgement of unconditional acceptance of the same within 7 (seven) days of issue of L.O.A./Order. 19. TAXES. DUTIES AND OTHER LEVIES:

19.1 The contractor shall be solely responsible for the taxes that may be levied on the contractor/contractor’s persons or on earnings of any of his office employee and shall hold the purchaser indemnified and harmless against any claims that may be made against the purchaser. The SMVDSB does not take any responsibility what-so-ever regarding taxes under Income Tax Act, for the contractor or his personnel. However as per the provisions of Income Tax Act, deduction of Income Tax for the executed work , at source shall be made by SMVDSB.

19.2 All other duties / levies payable by the bidder shall be included in the bid price and no claim

on this behalf will be entertained by SMVDSB. Rates quoted shall be inclusive of GST and other taxes.

20. LAWS GOVERNING CONTRACT: The contract shall be binding according to Acts/Laws in force in the Jammu & Kashmir and shall be under the jurisdiction of Local Courts at Katra/Reasi/Jammu Courts only. 21. LANGUAGE AND MEASURES: All documents pertain to the contract including specifications, schedule, notice, correspondences, operating and maintenance instructions, drawings or any other writings be written in English language. The metric system of measurement shall be used exclusively in this contract. 22. CORRESPONDENCE: Any notice to the contractor under terms of the contract shall be served by email/ registered mail or by hand at the contractor's site office / principal place of business. Any notice to the owner shall be served at the owner's principal office in the same manner. 23. CORRUPT OR FRAUDULENT PRACTICE: SMVDSB expects that bidders/suppliers/contractors observe the highest standard of ethics during the procurement and execution of such contracts. In pursuance of this policy, the owner defines for the purpose of this provision, the terms set forth below as follows:

23.1 "Corrupt Practice" means the offering giving, receiving or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution, and

23.2 "Fraudulent Practice" means misrepresentation of facts in order to influence the procurement process of the execution of a contract to the detriment of SMVDSB and includes collusive practice among bidders (Prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive SMVDSB of the benefits of free and open competition.

23.3 Will reject a proposal for award if SMVDSB determines that the bidder recommended for award has engaged in corrupt or fraudulent practice in competing for the contract in question.

23.4 Will declare a Firm ineligible either indefinitely or for a stated period of time if SMVDSB determines any time that the firm has engaged in corrupt or fraudulent practices in competition for, or in executing the contract.

24. INSURANCE: The bidder on awarding of contract shall arrange, secure and maintain all insurance as may be pertinent to the work and obligatory in terms of law in force to protect the interests of SMVDSB against all perils. The form & the limit of such insurance together with underwriting in each case shall be acceptable to SMVDSB. However, irrespective of such acceptance the responsibility to maintain adequate insurance coverage at all times during the period of contract shall be contractor's alone. 25 . Information about blood relations working in SMVDSB If the bidder has any blood relation working in the SMVDSB, he shall have to give the details of the same addressed to the Chief Executive Officer, SMVDSB, Katra with the bid for this work.

__________________________________________________________

GENERAL INFORMATION ABOUT SITE OF WORK

1.0 INTRODUCTION

1.1. Shri Mata Vaishno Devi Shrine Board ( SMVDSB) intends to construct a building called Durga Bhawan (RCC framed structure G+4 floors) having a total floor area of approximately 6650 Sq.m at Shri Mata Vaishno Devi Shrine for the facility of Pilgrims visiting Holy shrine .

1.1.1 School of Planning and Architecture ( SPA) New Delhi has been retained as Consultant for providing comprehensive Architectural and Engineering Consultancy Services for the aforesaid project which also include intermittent supervision, monitoring and quality checks. The advice and instructions of the consultants shall also be binding on the contractor.

1.2 LOCATION OF THE PROJECT SITE

The project site is located at about 13.0 Km from the Katra Town in Reasi District of Jammu Division in Jammu and Kashmir. Katra town is connected by Rail, and Bus. Nearest Airport is Jammu at about 49 Kms from Katra Town . The project site is located at an elevation of 5200 Feet ( 1585 Mtrs) from MSL. The temperature in winter varies from -2 degrees C to 13 degrees C and in summer from 15 degrees C to 30 degrees C. Light snow fall is experienced at the site in the months of January and February. The site area also experiences moderate to heavy rainfall in the months of July and August.

1.2.1 Approach from Katra to Work site: Approach from Katra to site of work is on the pedestrian yatra track only . However transportation of material is allowed only in Pick up Bolero vehicles and Tractor –Trolleys after due permission is accorded by SMVDSB authorities. The Fixed timings for movement of vehicles carrying materials as approved by the Shrine Baord authorities from time to time depending upon Bi annual Navratra festival, VVIP movements etc. or otherwise shall have to be followed by the contractor. The pick up Bolero vehicles and tractor trolleys are allowed only up to a fixed point near the site of work and beyond which the material shall be shifted by head load only. The head load distance upto the site of work shall be approximately 400 mtrs. from Tractor trolley termination point and approx. 200 Mtrs from Pickup vehicle termination point. This may also vary in case the drop point of materials is shifted due to some local/yatra related reasons. The material unloaded on the track for further head load shifting to the site of work, shall have to be immediately removed from the Yatra track to avoid any inconvenience to Yatries. No material shall be allowed to be stacked on the track under any circumstances.

1.2.2 Restriction on Labour : Smoking , Drinking, Paan, Gutka, consumption of onion/Garlic and Non Veg food etc. is strictly prohibited in the jurisdictional areas of Shrine Board including along the yatra track and at site of work. Such acts are punishable. 1.2.3 Working Time :-

The working time available is likely to be affected due to various reasons specific to the site.

a). Heavy yatra rush and acute scarcity of water in the months of May and June may affect the working hours and subsequent progress due to non viability of transhipment of material/storage of material.

b). Monsoon rains in July and August may affect the outdoor activities.

c). Extremely low temperature in the months of January upto Mid February may affect the final setting time of concrete.

d). The progress of work is likely to be adversely affected during Bi-Annual Navratras and their preparatory period.

1.2.4 Traffic movement for transportation of Materials: The permission to ply vehicles viz. Pickup vehicles /Tractor Trolleys for transportation of Material, equipment and labour etc. shall be granted by the competent authority in central office of SMVDSB only on the request of the contractor. The permission shall be for fixed and limited time during the day or night as per the yatra movement and convenient to the Shrine board authorities. The contractor shall be bound by the time to time instructions of the Shrine Board authorities in this regard and this shall need a very precise transhipment plan by the contractor. To seek the permission ,the contractor shall be required to submit the documents viz. Registration certificate of vehicles. Fitness certificate, Insurance certificate including Third party insurance, Driving licence of the driver and any other related document as desired by SMVDSB before granting such permission.

1.3 LOCAL CONDITIONS

1.3.1 It will be imperative on the Bidder to fully make him self aware of all local conditions and factors which may have any effect on the execution of the works covered under these specifications and documents. Bidder shall inspect the site, examine and obtain at its cost and responsibility, all information required and satisfy himself regarding all matters and things such as access to site, communications, transport, right of way, the type and number of equipment and facilities required for the work, availability of local labour, materials and their rates, local working conditions, weather, sub-soil conditions, natural drainage, and all information that may be necessary for preparing its Bid, performance of work and other obligations and related matters. By submitting the

Bid, the Bidder shall be deemed to have acknowledged and agreed that ignorance of the site and other said conditions shall not be basis for any claim for compensation or extension of time or loss of profits etc. during or after the currency of the contract and the SMVDSB shall not be liable on account thereof in any manner whatsoever to the Bidder or any person claiming through or under the Bidder.

1.3.2 Soil Conditions

The site of work is partly rocky having soft and hard rock strata and partly filled up. Geo Technical Investigation report is also appended with this document for the information of the bidder.

1.3.3 Availability of space

The availability of space for setting up of Stores, Labour Camp ,Stack yard for Steel, Scaffolding and aggregates etc. is very limited at Site of work . However a space on rent and as per availability can be provided by Shrine Board near the entry point of Tarakote marg for setting up of Labour huts, setting up of Labour huts, material testing laboratory and stacking of construction material for its onward transportation to Site of work as per the vehicles movement schedule.

1.3.4 Acquaintance with local laws

Bidders must before submission of their Bids, acquaint themselves with all applicable regulatory and other legal requirements pertaining to insurance and health, safety and environment requirement in J&K or in any way or manner affecting the performance of Scope of Work, the Contractor and the Plant operation and performance including social security, safety, pollution control, permits, licenses, and the other statutory requirements and regulations. The submission of a Bid by the Bidder will be construed as evidence that such an examination was made and the Bidder shall not raise at any time later any claims/disputes against the Owner ( SMVDSB) and the Owner shall not be liable for the same in any manner whatsoever.

1.3.4.1 The Owner shall not entertain any request for clarification from the bidder, regarding such local rules, regulations etc..

1.3.4.2 The Bidder shall be deemed to have prepared the Bid on the basis of its independent judgment and to have made all necessary allowances and provisions to ensure that the work will meet all technical specifications prescribed hereunder in the tender document and will be entirely suitable for the purpose for which it is intended. Accordingly, at the time of submission the Bid Price, will, without extra price and/or extension of time, be held to include everything implicitly or otherwise required or necessary for the proper and timely completion of the work in accordance with the contract. Further, in case of any contract awarded under these specifications and documents, neither any change in the time schedule of the Contract nor any financial

adjustments arising thereof shall be permitted by the Owner, which are based on the lack of such clear information or its effect on the cost of the works to the Bidder.

1.3.5 SITE VISIT

Site visit is a must for each bidder before attending the prebid meetings. This is to understand the topography, patteren of Yatra movement, pattern of vehicle movement, availability of spaces at site of work etc., Visit to site shall be at Bidder’s own cost and expense however SMVDSB can facilitate such site visit if requested by the bidder in writing.

QUALIFICATION CRITERIA

1. Technical Eligibility Criteria The bidder must have successfully completed building works during last seven years subject to fulfillment of following criteria:- a). One completed or substantially completed work costing not less than 80 % of the

estimated cost of the advertised work or b). Two completed works /substantially completed works each costing not less than

50% of the estimated cost of the advertised work The substantially completed work shall be the work which has been completed at least 90% of the allotted work.

2. Financial/ Commercial Eligibility Criteria: a). Average annual financial turnover of last three years i.e 2018-19, 2017-18, 2016-

17 shall not be less than 30% of advertised cost. b). Availability of the Working capital in the year, preceding the year of bid

submission shall not be less than at least 10% of the advertised cost. An affidavit in this regard is to be submitted by the bidder along with the Technical bid.

c). In case documents certifying credit facility from a scheduled Bank is submitted,

the requirement given in b) above shall be judged by adding available credit facility and working capital taken together.

Annual turnover certificates alongwith Annual audited Financial Reports for last three years i.e 2018-19, 2017-18, 2016-17 duly authenticated by the Chartered Accountant shall have to be submitted in support of a) above. Necessary documentary evidence as detailed herein above shall have to be uploaded by the bidder to ascertain the commercial eligibility criteria.

3. OTHER STATUTORY REQUIREMENTS :-

The Bidder shall upload the following documents unless otherwise specified.

(i) PAN Card (ii) GST registration No., GSTIN, (iii) I.T Return for last three financial years along with annual turnover

certificates

(iv) Work completion certificates of Building works executed during last seven years only along with Allotment letters from the officer not less than the rank of Executive Engineer in case of Govt. Departments/ General managers in case of PSUs / Director or equivalent in case of work executed for Limited companies for last seven years .

(v) Works of Buildings presently in hand with allotment letters and present status of works.

(vi) Information regarding any past and current litigation with Govt / PSU in which the bidder is involved the party’s concerned and disputed amount.

(vii) List of machinery, age of machinery which is proposed to be deployed at site ( As per site conditions duly ascertained during site visit).

(viii) List of Key personnel with their qualification & Experience , proposed to be deployed for the work.

(ix) Name of the sub contractor/agency/firm/company , to whom the bidder proposes to engage as sub contractor for pile foundation work etc. in case he does not have these expertise. Complete credentials of such sub contractor shall be uploaded.

(x) A self attested affidavit stating that none of his relatives are employed/working in the Shri Mata VaishnoiDevi shrine board.

GENERAL CONDITIONS

General Provisions

1 .1 Definitions In the Condit ions (“these condit ions”), which include Particu lar Condit ions and these Genera l Cond it io ns, the fo llowing words and expression shall have the meanings stated. Words indicat ing persons or parties include corporations and other legal ent ities, except where the context requires otherwise.

1 .1.1 The Contract 1.1.1.1 “Contract” means the Contract Agreement, the Letter of Acceptance, the Letter of Tender, these cond it ions, the Specificat ions, the Drawings, the Schedules, and the further documents ( if any) which are listed in the Contract Agreement or in the Letter o f Acceptance.

1 .1.1.2 “Contract Agreement” means the contract agreement ( if any) re ferred to in Sub-Clause1.6 (Contract Agreement) .

1 .1.1.3 “Let ter of Accep tance” means the letter of formal acceptance, signed by the Employer, the letter of Tender, includ ing any annexed memoranda comprising agreements between and signed b y both Part ies. If there is no such letter of acceptance, the expression “Let ter of Acceptance” means the Contract Agreement and the date o f issu ing or receiving the letter o f Acceptance means the date of signing the Contract Agreement.

1 .1.1.4 “Let ter of Tender” means the document ent it led letter of tender, which was completed by the Contractor and includes the signed o ffer to the Employer for the works.

1 .1.1.5 “Specificat ions” means the document ent it led specificat ions, as included in the Contract, and any additions and modificat ions to the specificat ions in accordance with the Contract. Such document specified the works.

1 .1.1.6 “Drawings” means the d rawings of the works, as inc luded in the Contract, and any additional and modified d rawings issued by (or on behalf of) the Employer in accordance with the contract.

1 .1.1.7 “Schedule” means the document ( s) ent it led schedules, completed by the contractor and submitted with the Letter of Tender, as inc luded in the Contract. Such document ma y include the Bill o f Quant it ies, data, lists, and schedules o f rates and / or prices.

1 .1.1.8 “Tender” means the letter of tender and all other documents which the contracto r submitted with the letter of Tender, as included in the contract.

1 .1.1.9 “Part icular condit ions of Contract ” means the completed pages ent it led Particular condit ions of Contract, which are appended, to and fo rm part of the Letter of Tender.

1 .1.1.10 “Bill o f Quantit ies” and “Daywork schedule” means the documents so named (if any) which are comprised in the schedules

1 .1.2 Parties and Persons 1.1.2.1 “Part y means the Employer or the Contracto r, as the context requires.

1 .1.2.2 “Employer” means the persons named as employer ion the Part icu lar cond itio ns of the Contract and the legal successors in t it le to this person.

1 .1.2.3 “Contractor” means the person (s) named as a contractor in the letter o f Tender accep ted by the Emplo yer and the lega l successors in t itle to this person (s).

1 .1.2.4 “Engineer” means the person appo inted by the employer to act as the Engineer fo r the purpose of the contract and named in the Part icu lar condit ions of the Contract, or other person, appo inted from time to time by the Employer and notif ied to the contractor under Sub-Clause 3.4. (Replacement of the

Engineer).

1 .1.2.5 “Contractor’s Representat ive” means the person named by the Contractor in the Contract or appointed from time to time by the Contractor under Sub-Clause 4.3 (Contractor Representative), who acts on behalf of the Contracto r.

1 .1.2.6 “Employer Personnel” means the Engineer, the ass istants referred to in Sub-clause 3 .2 (Delegation by the Engineer) and all other staff, labour and other employees o f the Engineer and o f the Employer, and any o ther personnel notif ied to the contractor, by the Employer or the Engineer, as Employer’s Personnel.

1 .1.2.7 “Contractor’s Personnel” means the contractor’s Representative and all personnel whom the contractor utilizes on site, who may inc lude the sta ff, labour and o ther employees of the contractor and of each subcontracto r; and any other personnel assist ing the contractor in the execu tion of the works.

1 .1.2.8 “Sub contractor” means any person named in the contract a sub contacto r, or any person appointed as a sub contacto r, fo r a part o f the works and the lega l successors in t it le to each o f these persons.

1 .1.2.9 “DAM” means the person so named in the contract, o r other person(s) appointed under Sub-clause 20.2 (Appo intment of the Dispute Adjudicat ion Member) or sub-clause 20.3 (Failure to Agree Dispute Adjudication Member).

1 .1.3. Dates, Tests, Periods and complete

1.1.3.1 “Base Date” means the date 28 days prior to the latest date for submission o f the tender.

1 .1.3.2 “Commencement Date” means the date notif ied under Sub-Clause 8.1 (Commencement of Works).

1 .1.3.3 “Time for complet ion” means the t ime

fo r completing the works or a sect ion (as the case may be) under Sub-Clause 8.2 (Time for completion), as stated in the Part icular condit ions o f Contract (with any extensio n under Sub- Clause 8.4 (Extension of Time for Completion), calculated from the commencement Date.

1 .1.3.4 “Tests on complet ion” means the tests which are specified in the contract or agreed by both parties or instructed as a var iat ion, and which are carr ied ou t under clause 9 (Tests on completion) befo re the works or a sect ion (as the case may be) are taken over by the Employer.

1 .1.3.5 “Taking-Over Cert ificate” means a cert if icate issued under clause 10 (Employer’s Taking Over).

1 .1.3.6 “Tests after Completion” means the tests (if any) which are spec ified in the contractor and which are carried out in accordance with the provis ions of the particu lar condit ions after the works o r a sect ion (as the case ma y be) are taken over by the Employer.

1 .1.3.7 “Defects Notificat ion Period” means the period for no tifying defects in the works or a sect ion (as the case may be) under Sub-Clause 11.1 (Completion of outstanding works and Remedying Defects) , as stated in the Part icular condit ions of Contract (with any extension under sub-clause 11.3 (Extension of Defects No tification period), calculated from the date on which the works or sect ion is completed as cert if ied under sub-clause 10.1 (Taking over of the works and sections).

1 .1.3.8 “Performance Cert ificate” means the cert if icate issued under sub clause 11.9 (Performance Certificate) .

1 .1.3.9 “Day/Month” means a calendar day/month and “year” means 365 days.

1 .1.4 Money and Payments

1.1.4.1 “Accepted Contract Amount” means the amount accepted in the letter o f Acceptance for the execution and completion of the work and the remedying of any defects.

1 .1.4.2 “Contract Pr ice” means the p rice defined in Sub-clause 14 .1 (The contract price) and inc ludes adjustments in accordance with the contract.

1 .1.4.3 “Cost” means all expenditure reasonabl y incurred (or to be incurred) by the contractor, whether on or off the site, includ ing overhead and similar charges, but does not inc lude p ro fit .

1 .1.4.4 “Fina l Payment Certif icate” means the payment certificate issued under sub-clause 14.13 (Issue of final payment certif icate) .

1 .1.4.5 “Fina l Statement” means the statement defined in Sub -clause 14.11 (App lication for fina l payment certificate) .

1 .1.4.6 “Foreign Currency” means a cu rrency in which part (or all) of the contract Pr ice is payab le, but not the local Currency.

1 .1.4.7 “Inter im Payment cert ificate” means a payment certif icate issued under clause 14 (Contract price and payment) other than the f inal payment cert ificate.

1 .1.4.8 “Local Currency” means the currency o f the country.

1 .1.4.9

“Payment Cert if ica te” means a payment cert if icate issued under clause 14 (Con tract Price and payment).

1 .1.4.10 “Retent ion Mone y” means the

accumulated retent ion mone ys which the Employer retains under Sub-clause 14.3 (Application for interim Payment Certificates) and pays under Sub-Clause

14.9 (Payment of Retention Money). 1 .1.4.11 “Statement” means a statement

submitted b y the contractor as part of an applicat ion, under clause 14 (Contract Price and payment) , for a payment cert if icate.

1 .1.5 Works and Goods 1.1.5.1 “Contractor’s Equipment” means a ll apparatus, machiner y, vehicles and other things required fo r the execution and completion of the works and the remedying o f any defects. Emplo yers Equipment ( if any) means plant, mater ials and any other things intended to form or forming part of the permanent works.

1 .1.5.2 “Goods” means contrac tor’s equipment, plant materials and temporary works, o r any of them as appropriate.

1 .1.5.3 “Mater ials” means things of all kinds (o ther than plant) intended to form or fo rming part o f the permanent works, includ ing the supply-only mater ials ( if any) to be supplied by the contracto r under the contract.

1 .1.5.4 “Permanent Works” means the permanent works to be executed by the Contracto r under the contract.

1 .1.5.5 “Plant” means the apparatus, machiner y and vehicles intended to fo rm or fo rming part of the permanent works.

1 .1.5.6 “Sect ion” means a part of the work specified in the Particular cond it ions o f the Contract as a sect ion (if any).

1 .1.5.7 “Temporary works” means all temporar y works o f every kind (other than Contracto r’s Equipment) required on site for the execution and completion o f the permanent works and the remed ying of any defects.

1 .1.5.8 “Works means the Permanent works and the Temporary works, or e ither of them as appropriate.

1 .1.6 Other Definitions 1.1.6.1 “Contractor Documents” means the

calculat ions, computer programs and other software, drawings, manuals, models and other documents o f a technica l nature ( if any) supplied b y the contractor under the contract.

1 .1.6.2 “Country” means the countr y in which the s ite (o r most of it) is located, where the Permanent works are to be executed.

1 .1.6.3 “Employer’s Equipment” means the apparatus, machinery and vehicles ( if any) made ava ilab le by the Emplo yer fo r the use of the contractor in the execution o f the works, as stated in the specif icat ion, but does not include plant which has not been taken over by the Employer.

1 .1.6.4 “Force Majeure” is defined in c lause 19 (Force Majeure).

1 .1.6.5 “Laws” means a ll nat ional (or state) legis lat ion, statutes, o rd inances and other laws, and regulatio ns and by- laws of any legally const ituted public authorit y.

1 .1.6.6 “Performance Security” means the securit y (or securit ies, if any) under Sub-clause 4 .2(Performance Security) .

1 .1.6.7 “Site” means the place/places where the permanent works are to be executed and to which plant and Mater ials are to be delivered, and any o ther p laces as ma y be specified in the contract as forming part of the site.

1 .1.6.8 “Unforeseeable” means not reasonabl y fo reseeable by an experienced contracto r by the date for submission of the tender.

1 .1.6.9 “Var iat ion” means any change to the works, which is instructed or approved as a var iatio n under c lause 13(Variations and Ad justmen ts) .

1 .2 Interpretation In the Contract, except where the context requires o therwise:

a)

words indicated one gender include all genders;

b) words indicat ing the s ingu lar a lso include the plural and words indicat ing the plu ral also include the s ingu lar’

c) provis ions including the word “agree”, “agreed” or “agreement” require the agreement to be recorded in wr it ing, and

d) ‘written” or “in wr iting” means hand -written, type-wr itten, printed or electronica lly made, and result ing in a permanent record.

The marginal words and other headings shall not be taken into consideration in the interpretat ion of these condit ions.

1 .3 Communications Wherever these cond itions provide fo r the giving o r issu ing of approvals, cert if icate, consents, determinat ions, notices, and requests, these communicat ions sha ll be:

a) in wr it ing and delivered by hand (against rece ipt)/ sent by mail o r courier, or transmitted using any of the agreed systems of electronic transmission as stated in the Part icular condit ions of Contract; and

b) Delivered , sent or transmitted to the address for the recip ient’ s communicat ions as stated in the Particular cond it ions o f Contract. However :

i) if the recipient gives not ice o f ano ther address, communicat ions ha ll thereafter be delivered accordingly; and

i i) If the recipient has not stated otherwise when request ing an approval or consent, it may be sent to the address from which the request was issued .

Approvals, certif icates, consents and determinat ions sha ll not be unreasonabl y

withheld or delayed. When a cert ificate is issued to a party, the cert i f ier sha ll send a cop y to the o ther party. When a notice is issued to a party, b y the other party or the Engineer, a copy sha ll be sent to the Engineer or the other part y, as the case may be.

1 .4 Law and Language The Contract sha ll be governed by the law of the countr y (or other jurisdict ion) stated in the Part icular condit ions o f Contract.

If there are vers ions of any part o f the contract which are written in more than one language, the version which is in the ru ling language stated in the Part icular condit ions of Contract sha ll p reva il.

The language for communicat ions sha ll be that stated in the Part icular condit ions of Contract. If no language is stated there, the language fo r communicat ions shall be the language in which the contract (o r most o f it) is written.

1 .5 Priority of Documents The documents forming the contract are to be taken as mutually explanatory o f one another. For the purpose o f interpretation, the priority of the documents shall be in accordance wit h the following sequence:

a) the contrac t Agreement ( if any)

b) the letter of Accep tance,

c) the letter of Tender,

d) the particular, condit ions,

e) these General condit ions,

f) the specificat ion,

g) the drawings, and

h) the schedules and any other documents forming part o f the contract.

If an ambigu ity o r discrepanc y is found in the documents, the Engineer sha ll

issue any necessar y c lar ificat ion o r instruction.

1.6 Contract Agreement The part ies shall enter into a Contract Agreement within 28 days a fter the contractor rece ives the letter o f accep tance, unless they agree o therwise. The contract agreement sha ll be based upon the fo rm annexed to the Part icular condit ions. The costs of stamp du ties and similar charges ( if any) imposed b y law in connect ion with entr y into the contract agreement shall be borne b y the Employer.

1 .7 Assignment Neither party sha ll ass ign the who le o r any part of the contract or any benefit o r interest in or under the contract. However, either party:

a) may assign the only a part with the prior agreement of the other party, at the sole discret ion of such other part y and

b) may, as securit y in favour of a bank or financ ial inst itution, ass ign, it s r ight to any moneys due, or to become due, under the contract.

1 .8 Care and supply of Documents The Specificat ion and Drawings shall be in the custody and care of the Emplo yer. Unless otherwise stated in the contract, two cop ies of the contract and o f each subsequent Drawing shall be supplied to the Contractor, who many make o r request further cop ies at the cost of the contractor.

Each of the contractor’s Documents shall be in the custod y and care o f the contractor, unless and until taken over by the Employer. Unless otherwise stated in the contract, the contracto r shall supply to the Engineer s ix copies of each of the contractor’s Documents.

The contracto r shall keep, on the s ite, a copy of the contract, publicat ions named in the specification, the Contractor’s Documents (if any) the Drawings and variat ions and other communications

given under the contract. The Employer’s personnel shall have the right to access to all these documents at all reasonable times.

If a party becomes aware of an error o r defect of a technica l nature in a document which was p repared fo r use in executing the works, the party sha ll promptly give notice to the other part y of such error or defect.

1 .9 Delayed Drawings or Instructions The contractor shall give not ice to the Engineer whenever the works are likel y to be delayed o r disrupted if any necessary drawing or instruct ion is not issued to the contractor within a particu lar t ime, which sha ll be reasonable. The notice shall include details o f the necessary drawing o r instruction, details of why and by when it should be issued, and details of the nature and amount of the de la y o r disrup tion like ly to be suffered if it is late.

If the contractor suffer s delay and / o r incurs cost as a result of a fa ilure of the Engineer to issue the notified drawing o r instruction within a t ime which is reasonable and is spec ified in the not ice with supporting details, the contracto r shall give a fu rther notice to the Engineer and sha ll be entit led sub ject to sub clause 20.1 (Contractor’s Cla ims) to:

a) an extension of time for any such dela y, if completion is or will be dela yed , under Sub Clause 8.4 I (Extension o f Time for Completion), and

b) Payment of any such cost p lus reasonable p ro fit , which sha ll be include in the contract price.

After receiving this further notice, the Engineer sha ll proceed in accordance with sub Clause 3.5 (Determinations) to agree or determine these matter s.

However, if and to the extent that the Engineer’s failure was caused by any error or delay by the contracto r, includ ing an error, in or delay in the submission of, any of the contractor’s Documents, the co ntracto r sha ll not be ent it led to such extension of t ime, cost or profit .

1 .10 Employer’s Use o f Contractor’s Documents

As between the part ies, the contracto r shall reta in the copyr ight and other intellec tual property r ights in the contractor’s Documents and other design documents made by (or on behalf of) the contractor.

The contractor shall be deemed (b y signing the contract) to give to the Employer a non-terminable transferable non-exclusive ro yalt y- free licence to copy, use and communicate the contractors Documents, including making and using modificatio ns o f them. The licence shall :

a) apply throughout the actual o r intended working life (whichever is longer) of the relevant parts of the works,

b) ent it le any person in proper possession o f the relevant part o f the works to copy, use and communicate the Contractor’s Documents for the purposes of complet ing, operating, maintaining, a ltering, ad justing, repair ing and demolishing the works, and

c) in the case o f Contractor’s Documents which are in form of computer p rograms and other software, permit their use on any computer on the site and other places as envisaged by the contract, including rep lacements of any computers supplied b y the contractor.

The contrac tor’s Documents and other design documents made by (or on behalf of the contractor shall not, without the contractor’s consent, be used copied or

communicated to a third party by (or on behalf of) the Emplo yer for purposes other than those permitted under this Sub-Clause.

1 .11 Contractor’s use of Employer’s Documents

As between the part ies, the Employer shall reta in the copyr ight and other intellec tual property r ights in the specificat ions, the Drawings and other documents made by (or on behalf of) the Employer. The contractor may, at his cost, copy, use and obtain communicat ion these documents fo r the purposes of the contract. The y shall not, without the Emplo yer’s consent, be copied, used or communicated to a third party by the Contractor, excep t as necessary for the purposes of the contract.

1 .12. Confidential Details The contractor sha ll d isc lose all such confident ial and other information as the Engineer ma y reasonably require in order ver ifying the Contractor’s compliance with the contract.

1 .13 Compliance with Laws

The contractor sha ll, in performing the contract, comply with applicable laws, unless o therwise stated in the part icular condit ions:

a) the Employer sha ll have obtained (o r sha ll obtain) the planning, zoning or similar permission fo r the permanent works, and any other permissions descr ibed in the specificat ion as having been (o r being) obtained by the Employer; and the Employer sha ll indemnify and hold the contractor harmless aga inst and from the consequences o f any fa ilure to do so ; and

b) the contractor sha ll give a ll notices, pay a ll taxes, du ties and fees, and obtain all permits, l icenses and approvals, as required by the laws in relat ion to the executio n and completion of the works and the remed ying o f any defects; and the contracto r sha ll

indemnify and ho ld the Employer harmless against and from the consequences of any failure to do so.

1 .14 Jo int And Several Liability If the contractor const itutes (under applicab le laws) a joint venture, consortium or other unincorporated grouping of two or more persons:

a) these persons shall be deemed to be joint ly and severally liable to the Employer for the performance of the contract;

b) these persons sha ll not ify the Employer of their leader who sha ll have authorit y to bind the contractor and each of these persons; and

2 . The Employer

2 .1 Right o f Access to the Site The Employer shall give the contracto r right to access to, and possession o f, a ll parts o f the site within the t ime (o r times) stated in the Part icular cond itions of Contract. The right and possession may not be exclusive to the contracto r. If, under the Contract, the Employer is required to give ( to the Contractor) possession of any foundation structure, plant or means of access, the Employer shall do so in the t ime and manner stated in the specificat ion. However, the Employer may withho ld any such r ight or possession unt il the perfo rmance securit y has been rece ived .

If no such t ime, is stated in the Particular condit ions of Contract, the Employer sha ll give the contractor r ight of access to, and possessio n of, the site within such times as may be required to enable the contractor to proceed in accordance with the p ro gramme submitted under sub-clause 8.3 (programme).

If the contractor suffer s delay and / o r incurs cost as a result of a failure b y the Employer to give any such right o r possession within such t ime, the

contractor shall give not ice to the Engineer and sha ll be entit led sub ject to Sub-clause 20.1 (Contractor’s Cla ims) to:

a) an extension of time for any such dela y, if completion is or will be dela yed , under Sub- Clause 8.4 (Extension o f time for completion), and

b) payment of any such cost p lus reasonable p ro fit , which sha ll be included in the contract p rice.

After receiving this notice, the Engineer shall proceed in accordance with Sub -Clause 3.5 (Determinations) to agree o r determine these matter s.

However, if any to the extent that the Employer’s failure was caused b y any error or dela y by the Contractor, includ ing an error in, or dela y in the submission of, any of the contractor’s Documents, the Contractor shall no t be ent it led to such extension of time, cost or profit .

2 .2 Permits, Licenses or Approvals The Employer sha ll (where he is in a posit ion to do so) provide reasonab le assistance to the contractor at the request of the contractor:

a) by ob taining copies o f the laws of the country which are re levant to the contract but are not readily ava ilab le, and

b) fo r the contracto r’s app licat ions fo r any permits, l icences or approvals required by the Laws of the Country:

i) which the contractor is required to obtain under sub -clause 1.1 (Compliance with Laws).

i i) fo r the deliver y of Goods, includ ing c learance through customs, and

i ii) fo r the export of contractor’s Equipment when it is removed from the Site.

2 .3 Employer’s Personnel The Employer sha ll be responsible for

ensuring that the Employer’s personnel and the Employer’s other contractors on the s ite:

a) co-operate with the Contracto r’s efforts under Sub-Clause 4 .6 (Co-operation), and

b) take actio ns s imilar to those which the contractor is required to take under sub paragraphs (a) , (b) and (c) o f sub-clause 4 .8 (Safety Procedures) and under Sub-Clause 4.18 (Protection of the Environment).

2 .4 Employer’s Financial Arrangements

The Employer sha ll submit, within 28 days a fter receiving any request from the Contractor, reasonable evidence that financ ial arrangements have been made and are being mainta ined which will enable the Emplo yer to pay the contract price (as est imated at that t ime) in accordance with c lause 14 (contract Price and Payment). If the Employer intends to make any mater ial change to his f inancia l arrangements, the Employer shall give notice to the Contracto r with detailed particulars.

2 .5 Employer’s Claims If the Employer considers himself to be ent it led to any payment under any clause of these condit ions or otherwise in connect ion with the contract, and / o r to any extension of the Defects Notif icat ion period the Employer or the Engineer shall give notice and particular to the contractor.

The notice sha ll be given as soon as practicable after the Employer became aware of the event or circumstances giving rise to the cla im. A not ice relat ing to any extension of the Defects Notif icat ion period shall be given befo re the expir y of such period.

The particulars shall spec ify the c lause or other basis of the claim, and sha ll include substant iation of the amount and / or extension to which the Employer considers himself to be entit led in

connect ion with the contract. The Engineer shall then proceed in accordance with Sub Clause 3 .5 (Determinations) to agree o r determine (i) the amount ( if any) of the Defects Notif icat ion Period in accordance with Sub- Clause 11.3 (Extension of Defects No tification Period).

This amount may be included as a deduction in the Contract price and Payment cert if icates. The Employer shall only be ent itled to set off against or make any deduction from an amount cert if ied in a payment certif icate, or to otherwise cla im against the contractor, in accordance with this Sub -Clause.

3 .0 The Engineer

3 .1 Engineer’s Duties and Authority

The Engineer sha ll be as ment ioned in the Particular s of contract or as appointed by the Employer. The Engineer shall carry out the duties assigned to him in the Contract. The Engineer’s s taff sha ll include suitably qualif ied engineers and other professionals who are competent to carry out these du ties.

The Engineers shall have no au thority to amend the co ntract.

The Engineer may exerc ise the authorit y attr ibutab le to the Engineer as spec ified in or necessar ily to be implied from the contract. If the Engineer is required to obtain the approval of the Employer before exerc ising a spec ified au thorit y, the requirement shall be as stated in the Particular Cond it ions. The Employer undertakes no t to impose fu rther constraints on the Engineer’ s authorit y, except as agreed with the contractor.

However, whenever the Engineer exercises a specified authority for which the Employer’s approval is required, then (for the purposes of the contract) the Employer sha ll be deemed to have given approval.

Except as otherwise stated in these condit ions:

a) whenever carrying out duties or exercising authorit y, specified in or implied by the contract, the Engineer shall be deemed to act for the Employer;

b) the Engineer has no authority to relieve either party o f any du ties, obligat ions or responsibilit ies under the contrac t; and

c) any approval, check, cert if icate, consent, examinat ion, inspect ion, instruction, no tice, proposal, request, test, or similar act by the Engineer ( includ ing absence of disapproval) shall not relieve the contractor from any responsibilit y he has under the contract, includ ing responsibilit y for erro rs, omissions, discrepancies and non-compliances.

3 .2 Delegation by the Engineer The Engineer may from time to time assign duties and delegate au thorit y to assistant, any may a lso revoke such assignment or delegat ion. These assistants ma y include a resident engineer, and / or independent inspecto rs appointed to inspect and / or test items of plant and / o r Materials. The ass ignment, delegat ion or revocat ion sha ll be in writ ing and shall not take effect unt il copies have been rece ived by both parties. However, unless otherwise agreed by both parties, the Engineer sha ll not delegate the authorit y to determine any matter in accordance with Sub-clause 3.5 (Determinations).

Assistants shall be su itab ly qualif ied persons, who are competent to carry out these du ties and exerc ise this authorit y, and who are ……. in the language in communicat ions defined in Sub- Clause 1.4 (Law and Language).

Each assistant, to whom duties have

been ass igned or authority has been delegated, shall only be authorized to issue instruction to the contractor to the extent defined by the delegat ions. Any approval, check, certif ica te, consent, examinat ion, inspect ion, instruction, notice, proposal, request, test, or similar act b y an assistant, in accordance with the delegat ion, shall have the same effect as though the act had been an act of the Engineer. However:

a) any fa ilure to disapprove any work, p lant or Materia ls shall no t const itute approval, and shall therefore not prejudice the r ight o f the Engineer to reject the work, plant or mater ials;

b) if the Contractor questions any determinat ion or instruction of an assistant, the contractor may refer the matter to the Engineer, who sha ll promptly, Co nfirm, reverse o f vary the determinat ion or instruction.

3 .3 Instruction of the Engineer The Engineer may issue to the contractor (at any t ime) instruction and additional or modified Drawings which may be necessary for the execu tion of the works and the remedying of any defects, all in accordance with the contract. The Contracto r shall only take instructions from the Engineer, or from an ass istant to whom the appropriate authorit y has been de legated under this clause. If an instruction const itute a variat ion, clause 13 (Variations and Adjustments) shall apply.

The contractor sha ll comply with the instructions given by the Engineer or delegated ass istant, on any matter related to the contract. Whenever practicable, their instruct ions shall be given in writ ing. If the Engineer or a delegated ass istant:

a) gives an oral instruct ion.

b) rece ives a wr itten confirmat ion of

the instruction, from (or on behalf of) the contractor, within two working days a fter giving the instruct ion, and

c) does no t reply b y issuing a wr itten rejection and / or instruct ion within two working days a fter rece iving the confirmat ion.

then the confirmat ion sha ll const itute the written instruction o f the Engineer or delegated assistant (as the case may be).

3 .4 Replacement o f the Engineer If the Employer intends to replace the Engineer, the Employer sha ll, not less than 42 days before the intended date of replacement, give no tice to the contractor of the name, address and relevant exper ience of the intended replacement Engineer. The Employer shall not rep lace the Engineer with a person against whom the co ntracto r raises reasonab le object ion by no tice to the Employer, with supporting particu lar s.

3 .5 Determinations Whenever these condit ions provide that the Engineer sha ll proceed in accordance with this Sub-Clause 3.5 to agree or determine any matter , the Engineer shall consu lt with each party in an endeavor to reach agreement. If agreement is not achieved, the Engineer shall make a fair determinat ion in accordance with the Contract, taking due regard of all relevant circumstances.

The Engineer sha ll give notice to both parties of each agreement or determinat ion, with supporting particu lar , Each party sha ll give effect to each agreement or determinat ion unless and until revised under Clause 20 (Claims, Disputes and Arbitration).

4 .0 The Contractor

4 .1 Contractor’s General Obligations

The contractor sha ll design (to the extent spec ified in the contract) , execute and complete the works in accordance

with the Contract and with the Engineer’s instructions, and shall remedy any defects in the works.

The contractor sha ll provide the p lant and contractor’s Documents specified in the contrac t, and all contractor’s personnel, Goods, consumables and other things and services, whether o f a temporary or permanent nature, required in all for this design, execution, completion and remedying of defects.

The contractor sha ll be responsib le for the adequacy, stabilit y and safet y o f a ll site operations and o f all methods of construction. Except of the extent specified in the contract, the contractor (i) shall be responsib le for all contractor’s Documents. Temporary works, and such design of each item of plant and materia ls as is required fo r the item to be in accordance with the contract, and (ii) shall not otherwise be responsible for the design o r specificat ion of the permanent works.

The contractor sha ll, whenever requ ired by the Engineer, submit details of the arrangements, and methods which the contractor proposes to adop t fo r the execution of the works. No significant alteration to these arrangements and methods shall be made without this having previously been no tified to the Engineer .

If the contract spec ifies that the contractor shall design any part of the permanent works, then unless otherwise stated in the particular condit ions:

a) the contrac tor sha ll submit to the Engineer the contractor’s Documents fo r this part in accordance with the procedures specified in the contract;

b) these contrac tor’s Documents

sha ll be in accordance with the specificat ions and Drawings, shall be written in the language for

communicat ions defined in sub-clause 1.4 (Law and Language) and sha ll include additiona l informat ion required by the Engineer to add to the Drawings fo r Co-ordinat ion o f each part y’s designs;

c) the contrac tor sha ll be responsib le

fo r this part and it shall, when the works are completed, be fit for such purposes for which the part is intended as are specified in the contract; and

d) prior to the commencement o f the

Tests on complet ion, the contractor shall submit to the Engineer the “as-built” documents and operation and maintenance manuals in accordance with the specificat ion and in suffic ient detail for the Employer to operate, maintain, dismant le, reassemble, adjust and repair this part o f the works. Such part sha ll not be considered to be completed for the purposes of taking-over under Sub-clause 10.1 (Taking Over of the works and sections) unt il these documents and manuals have been submitted to the Engineer.

4 .2 Performance Security The contractor sha ll obtain (at his cost)

a performance security fo r p roper performance, in the amount and currenc ies from a reputed ban stated in the Particular condit ions of Contract. If an amount is not stated in the Part icular condit ions of Contract, this Sub-Clause sha ll not apply.

The contractor sha ll deliver the performance securit y to the Emplo yer within 28 days a fter rece iving the letter of Accep tance, and shall send a copy to the Engineer. The performance securit y sha ll be issued by an ent it y and from within a country (or other jurisd ict ion) approved b y the Employer, and shall be in the form annexed to the particular condit ions or in another form approved

by the Employer.

The contractor sha ll ensure that the performance securit y is valid and enforceab le unt il the contractor has executed and completed the works and remedied any defects. If the terms o f the performance securit y spec ify its exp ir y date, and the contractor has not become ent it led to receive the performance cert if icate by the date 28 days prior to the expir y date, the contractor shall extend the validit y of the perfo rmance securit y until the works have been completed and any defects have been remedied.

The Employer sha ll not make a cla im under the perfo rmance security, except fo r amounts to which the Employer is ent it led under the contract in the event of:

a) fa ilure by the contracto r to extend the va lidit y of the performance securit y as descr ibed in the preceding paragraph, in which event the emplo yer may c laim the fu ll amount of the performance securit y,

b) fa ilure by the Contractor to pay

the Employer an amount due, as either agreed by the Contractor or determined under Sub-Clause 2.5 (Employer’s cla ims) o r clause 20 (Claims, Disputes and Arbitration), within 42 days after this agreement or determinat ion,

c) fa ilure by the contracto r to

remedy a defau lt within 42 days after rece iving the Employer’s notice requiring the default to be remedied, o r

d) Circumstances which ent it le the

Employer to terminat ion under sub clause 15.2 (Termination by Employer), irrespect ive of whether no tice o f termination has been given.

The Employer indemnify and hold the

contractor harmless against and from all damages, lo sses and expenses ( including lega l fees and expenses) resu lting from a claim under the perfo rmance secur ity to the extent to which the Employer was not ent itled to make the c laim.

The Employer sha ll return the performance securit y to the contracto r within 21 days a fter rece iving a cop y of the perfo rmance cert ificate.

4 .3Contractor’s Representative The Contractor shall appoint the contractor’s Representatives and sha ll give him all authorit y necessar y to act on the Contracto r’s behalf under the contract.

Unless the Contractor’s Representat ive is named in the contract, the contractor sha ll, prior to the commencement date, submit to the Engineer for consent the name and particular s of the person the contractor proposes to appo int as contractors representat ives. If consent is withheld or subsequently revoked, or if the appointed person fa ils to act as Contracto r’s Representat ives, the contractor shall s imilar ly submit the name and particular s of ano ther su itable person for such appointment.

The contractor sha ll not, without the prior consent of the Engineer, revoke the appointment o f the Contractor’s Representat ives or appoint a replacement.

The whole time o f the contractor’s Representat ives shall be given to direct ing the contractor’s performance of the contract. If the Contracto r’s Representat ives is to be temporarily absent from the s ite during the execution of the works, a suitable replacement person shall be appointed, subject to the Engineer’s prior consent, and the Engineer shall be notif ied accord ingly.

The contractor’s representat ives shall,

on behalf of the Contracto r, receive instructions under sub - clause 3 .3 (Instructions of the Engineer).

The contractor’s Representat ive may delegate any powers, funct ions and authorit y to any competent person, and may at any t ime revoke the delegat ion. Any delegat ion or revocat ion sha ll not take effect unt il the Engineer has rece ived p rio r notice signed by the Contracto r’s Representat ive, naming the person and spec ifying the powers, funct ions and authorit y be ing delegated or revoked.

The contractor’s representat ives and all these persons sha ll be f luent in the language for communicat ions defined in sub -clause 1 .4 (Law and Language).

4 .4 Sub Contractors The contractor sha ll not sub contract the who le of the works and it shall be limited to not more than 50%.

The contractor sha ll be responsib le for the acts or defau lts of any subcontracto r, his agents or employees, as if they were the acts or defau lts of the contractor. Unless otherwise stated in the particu lar condit ions:

a) the contractor shall not be required to obtain consent to suppliers of Mater ials, or to a subcontract fo r which the subcontractor is named in the contract;

b) the prior consent of the Engineer

shall be obtained to other p roposed subcontractors;

c) the contractor shall give the

Engineer not less than 28 days’ notice o f the intended date of the commencement of each subcontractor’s work, and of the commencement of such work on the site; and

d) each subcontract shall inc lude

provisions which would entit le the Employer to require the subcontract to be assigned to the Employer under sub-clause 4.5 (Assignment of Benefit of subcontract) ( if or when applicab le) or in the event of terminat ion under sub -clause 15.2 (Termination by Employer).

4 .5 Assignment of Benefit of Subcontract

If a subcontractor’s obligat ions extend beyond the exp iry date of the re levant Defects No tif icat ion Period and the Engineer, prior to this date, instructs the contractor to assign the benefit of such obligat ions to the Employer, then the contractor shall do so. Unless otherwise stated in the assignment, the contractor shall have no liabilit y to the Employer fo r the work carr ied out by the subcontractor after the assignment takes effect.

4 .6 Co-operation The contractor sha ll, as specified in the contractor or as instructed by the Engineer, allow appropriate opportunit ies fo r carr ying out work to :

a) the Employer’s Personnel,

b) any other contractors employed by the Employer, and

c) the personnel o f any legally const ituted public authorities,

who may be emplo yed in the execution on or near the site o f any work no t included in the contract.

Any such instruct ion shall const itute a variat ion if an to the extent that it causes the contractor to incur unforeseeable cost. Services for these personnel and other contractors may include the use of contracto r’s equipment, Temporary works or access arrangements which are the reasonabilit y of the contractor .

If under the contract, the Employer is required to give to the contractor

possession o f any foundation, structure, plant o r means of access in accordance with contrac tor’s documents, the contractor shall submit such documents to the Engineer in the t ime and manner stated in the spec ificat ion.

4 .7 Setting Out The contractor sha ll set out the works in relat ion to original point, l ines and leve ls of references specified in the contract or notif ied by the Engineer. The Contracto r sha ll be responsible fo r the correct positioning o f a ll parts of the works, and shall rect ify any erro r in the posit ions, leve ls, dimension o r alignment o f the works.

The Employer sha ll be responsible for any errors in these spec ified or notif ied items of references, bu t the contractor shall use reasonable efforts to verify their accuracy before the y are used.

If the Contracto r suffer s delay and / or incurs costs from execu ting work which was necessitated by an error in these items of references, and an experienced contractor could no t reasonab ly have discovered such error and avo ided this dela y and / or cost, the contractor shall give notice to the Engineer and sha ll be ent it led sub ject to sub clause 20.1 (Contractor claims) to:

a) an extension of time for any such dela y, if complet ion is or will be dela yed , under Sub-clause 8.4 (Extension o f time for completion), and

b) payment of any such cost plus reasonable p ro fit , which sha ll in included in the contract p rice.

After receiving this notice, the Engineer shall proceed in accordance with Sub-clause 3.5 (Determinat ions) to agree or determine ( i) whether and (if so ) to what extent the erro r could not reasonably have been d iscovered, and (ii) the matters descr ibed in sub -paragraphs (a) and (b ) above related to this extent.

4 .8 Safety Procedures The contractor sha ll:

a) comply with all applicab le safet y

regu lat ions,

b) take care fo r the safet y o f a ll persons ent it led to be on the site,

c) use reasonable efforts to keep the site and works clear of unnecessary obstruction so as to avoid danger to these persons,

d) provide fenc ing, light ing, guard ing and watching of the works until completion and taking over under clause 10 (Employer’s Taking over), and

e) provide any Temporary works (including roadways, foo tways, guards and fences) which may be necessary, because o f the execution of the works, fo r the use and protection of the public and of owners and occupiers of adjacent land .

4 .9 Quality Assurance The Contractor shall inst itute a qualit y assurance system to demonstrate compliance with the requirements of the contract. The system shall be in accordance with the details s tated in the contract. The engineer shall be ent itled to aud it any aspect of the system.

Details o f all procedures and compliance documents sha ll be submitted to the Engineer for information before each design and execution stage is commenced. When any document of a technica l nature is issued to the Engineer, evidence of the prior approval by the contractor himself sha ll be apparent on the document itself.

Compliance with the qualit y assu rance system shall not relieve the contracto r of any of his duties, obligat ions or responsibilit ies under the contract.

4 .10 Site Data 4 .11 Sufficiency of the Accepted Contract Amount

The Employer sha ll have made available to the contractor for his informat ion, prior to the base Date, a ll re levant data in the Employer’s possession on sub-surface and hydrological cond it ions at the s ite, inc luding environmental aspects. The Emplo yer shall similarly make available to the Contractor all such data which come into the Employer’s possession after the Base Date. The Contractor shall be responsible for interpreting all such date. To the extent which was practicable (taking account of cost and time), the Contractor shall be deemed to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the Tender or Works. To the same extent, the Contractor shall be deemed to have inspected and examined the Site, its surroundings, the above data and other available information, and to have been satisfied before submitting the Tender as to all relevant matters, including (without limitation);

(a) the form and nature of the Site, including sub-surface conditions,

(b) the hydrological and climatic conditions, (c) the extent and nature of the work and

Goods necessary for the execution and completion of the Works and the remedying of any defects,

(d) the Laws, procedures and labour practices of the Country, and

the Contractor’s requirements for access, accommodation, facilities, personnel, power, transport, water and other services The Contractor shall be deemed to

(a) have satisfied himself as to the correctness and sufficiency of the Accepted Contract Amount, and

(b) have based the Accepted Contract Amount on the data, interpretations, necessary information, inspections, examinations and satisfaction as to all relevant matters referred to in Sub-Clause 4.10 (Site Data)

4.12 Unforeseeable Physical Conditions

Unless otherwise stated in the Contract, the Accepted Contract Amount covers all the Contractor’s obligations under the Contract (including those under Provisional Sums, if any) and all things necessary for the proper execution and completion of the Works and the remedying of any defects. In this Sub-Clause, “physical conditions” means natural physical conditions and man-made and other physical obstruction and pollutants, which the Contractor encounters at the Site when executing the Works , including sub-surface and hydro-logical conditions but excluding climatic conditions. If the Contractor encounters adverse physical conditions, which he considers to have been Unforeseeable, the Contractor shall give notice to the Engineer as soon as practicable. This notice shall describe the physical conditions, so that they can be inspected by the Engineer, and shall set out the reasons why the Contractor considers them to be Unforeseeable. The Contractor shall continue executing the Works, using such proper and reasonable measures as are appropriate for the physical conditions, and shall comply with any instructions which the Engineer may give. If an instruction constitutes a Variation, Clause 13 (Variations and Adjustments) shall apply. If and to the extent that the Contractor encounters physical conditions which are Unforeseeable, give such a notice, and suffers delay and/or incurs Cost due to these conditions, the Contractor shall be entitled subject to Sub-Clause 20.1 (Contractor’s Claims) to:

a) an extension of time for any such delay, if completion is or will be delayed, under Sub-Clause 8.4 (Extension of Time for Completion), and

b) Payment of any such Cost to the extent accepted by the Employer , which shall be included in the Contract Price.

After receiving such not ice and

inspecting and / or invest ing these physica l cond it ions, the Engineer sha ll proceed in accordance with sub -clause 3.5 (Determinat ions) to agree o r determine (i) whether and (if so) what extent these physica l cond itions were unforeseeable, and (ii) the matter s described in sub-paragraphs (a) and (b ) above related to this extent.

However, befo re add itional cost is finally agreed to determined under sub-paragraph ( ii) the Engineer may a lso review whether other physica l condit ions in s imilar parts of the works (if any) were more favourable than could reasonably have been foreseen when the contractor submitted the Tender. If and to the extent that these more favourable condit ions were encountered , the Engineer may proceed in accordance with Sub-clause 3.5 (Determinat ions) to agree or determine the reductions in cost which were due to these cond it ions, which may be inc luded (as deductions) in the contract price and payment cert if icates. However, the net effect o f all adjustments under sub -paragraph (b ) and all these reductions, fo r all the physica l condit ions encountered in similar parts of the works, shall not resu lt in a net reduction in the contract price.

The Engineer may take account of any evidence of the physica l cond itions fo reseen b y the Contractor when submitting the Tender, which ma y be made availab le b y the contractor, but shall not be bound, by any such evidence.

4 .13 Rights of way and Facilit ies The contractor shall bear all costs and charges for spec ial and / or temporar y rights of wa y which he may require, includ ing those for access to the site. The contractor sha ll also obtain, at his risk and cost, any additional fac ilities outside the s ite, which he may require fo r the purposes o f the works.

4 .14 Avoidance o f Interference The contractor shall not inter fere

unnecessar ily or improperly with:

a) the convenience of public, or

b) the access to and use and occupation of all roads and footpaths, irrespect ive whether they are public o r in the possession of the Employer or of others.

The contracto r shall indemnify and hold the Employer harmless against and from all damages, losses and expenses (including lega l fees and expenses) resu lting from any such unnecessar y o r improper interference.

4 .15 Access Route The contractor shall be deemed to have been sat isfied as to the suitab ilit y and ava ilab ilit y of access routes to the site. The contractor sha ll use reasonable efforts to prevent any road or b ridge from being damaged by the contractor’s traffic or by the contracto r’s personnel. These e fforts shall include the proper use of appropriate vehic les and routes.

Except as otherwise stated in these condit ions:

a) the contractor shall (as between the parties) be responsib le for any maintenance which may be required for his use of access routes;

b) the contractor shall provide a ll

necessar y s igns or directio ns along access routes, and shall ob tain any permission which may be required from the re levant authorit ies for his use o f rou tes, s igns and directions;

c) the Employer shall not be

responsible fo r any c laims which may arise from the use o f otherwise of any access route,

d) the Employer does not guarantee

the su itab ilit y or availab ilit y o f particular access routes, and

e) Costs due to non-su itab ilit y or

non-ava ilabilit y, for the use required by the contractor, o f access routes shall be borne by the contractor.

4 .16 Transport of Goods Unless otherwise stated in the part icular

condit ions: a) the contractor sha ll give the

Engineer not less than 21 days’ no tice of the date on which any plant or a major item of other Goods will be delivered to the s ite;

b) the co ntractor sha ll be

responsible for packing, loading, transporting, rece iving, unloading, storing and protecting all Goods and other things required for the work; and

c) the contractor shall indemnify and

ho ld the Employer harmless against and from all damages, losses and expenses ( including legal fees and expenses) result ing from the transport o f Goods, and shall negotiate and pay all claims aris ing from their transport.

4 .17 Contractor’s Equipments The contractor sha ll be responsible fo r

all contractors equ ipment. When b rought on to the site, contractor’s equipment shall be deemed to be exc lusivel y intended for the execution of the works. The contractor sha ll not remove from the site any major items of contractor’s Equipment without the consent of the Engineer. However, consent shall not be required fo r vehicles transporting Goods or contractor’s personnel o ff, s ite.

4 .18 Protection of the Environment The contractor shall take all reasonable steps to protect the environment (both on and o ff the site) and o limit damage and nu isance to people and p ropert y resu lting from pollution, noise and other resu lts of his operations.

The co ntractor shall ensure that

emissions, surface discharges and effluent from the contractor’s activities shall not exceed the values ind icated in the specificatio n, and shall not exceed the va lues prescr ibed by applicable laws.

4 .19 Electricity & Water

The contractor shall be ent it led to use fo r the purposes of the works such supplies of electr icit y& water, as ma y be availab le on the s ite only free o f cost. The contractor shall, at his r isk and cost, provide any apparatus necessary for his use of these services.

Non-ava ilabilit y o f water/Power due to short supply /breakdown of power sha ll not confer any rights on the contracto r to cla im for any extension of t ime o r any cost compensation on account of any dela y suffered because of this. However the contractor sha ll be free to deploy his D.G Set for uninterrupted power supply and may make alternate arrangements o f water supp ly. Nothing extra shall be payable on account of such extra arrangements.

4 .20 Employer’s Equipment and Free- Issue material

The Emplo yer may make the Emplo yer’ s equipment ( if any) available for the use of the contractor in the execution of the works in accordance with the details, arrangements and at prevailing prices. Unless otherwise stated in the specificat ions;

a) the employer shall be responsible fo r the employer’s equipment, except that

b) the contacto r shall be responsible fo r each item of Emplo yer’ s Equipment whilst any o f the contractor’s Personnel is operating it , driving it , direct ing it or in possession o r control of it .

The appropriate quant it ies and the amounts due (at such stated prices) fo r the use of Employer’s Equ ipment sha ll be agreed or determined by the Engineer

in accordance with Sub-Clause 2.5 (Employer’s claims) and Sub-clause 3.5 (Determinatio ns). The contractor sha ll pay these amounts to the Employer.

The emplo yer shall supp ly, free o f charge, the “free-issue materia ls” ( if any) in and cost, provide these mater ia ls at the t ime and place specified in the contract. The contractor shall then visually inspect them, and sha ll promptly given notice to the Engineer o f any shortage, defect or default in these mater ials. Unless otherwise agreed b y both parties, the emplo yer sha ll immediate ly rect ify the notif ied shortage, defect or default.

After this visual inspectio n, the free-issue mater ials sha ll come under the care, custody and control o f the contractor. The contractor’s obligations of inspect ion, care custod y and contro l shall not relieve the Employer o f liab ilit y for any shortage, defe ct o r default not apparent from a visual inspection.

4 .21 Progress Reports Unless otherwise stated in the part icular condit ions, monthly progress reports shall be p repared b y the contractor and submitted to the Engineer in six copies. The first report shall cover the period up to the end of the f irst calendar month following the commencement date. Reports shall be submitted monthly thereafter, each within 7 days after the last day of the period to which it relates.

Reporting shall cont inue unt il the contractor has completed all work, which is known to be outstand ing at the completion date stated in the Taking over cert ificate fo r the works.

Each report shall inc lude :

a) charts and detailed descript ions of progress, including each stage of design ( if any), contractor’s documents, p rocurement,

manufacture, deliver y to site, construct ion, erect ion and test ing; and including these stages fo r work by each nominated subcontractor (as defined in clause 5 (nominated subcontractors)) ,

b) photographs showing the status o f

manufacture and of progress on the Site;

c) for the manufacture of each main

item of plant and mater ials, the name o f the manufacture, manufacture locat ion, percentage progress, and the actual o r expected dates of:

i) commencement o f

manufacture i i) contractor’s inspect ions, i i i) tests, and iv) shipment and arriva l at the

s ite;

d) the deta ils described in Sub -Clause 6 .10 (Records o f contractor’s Personnel and Equipment);

e) copies o f qualit y assurance

documents, test resu lts and cert ificates of mater ials;

f) l ist of notices given under Sub -

clause 2.5 (Employer’s cla ims) and notices given under sub -clause 20 .1 (Contractors claims);

g) safet y stat ist ics, including details

of any hazardous incidents and act ivit ies relat ing to environment aspects and public re lat ions; and

h) comparisons of actual and

planned progress, with deta ils o f any events or circumstances which may jeopardize the completion in accordance with the contract, and the measures being (or to be) adopted to overcome

delays.

4 .22 Security o f the Site Unless otherwise stated in the part icular condit ions:

a) the co ntractor sha ll be responsible for keeping unauthorized persons off the site, and

b) authorized persons shall be

limited to the contractor’s personnel and the Emplo yer’ s personnel and to any other personnel notif ied to the contractor, by the Employer o r the Engineer, as authorized personnel of the Employer’s other contractor on the site.

4 .23 Contractor’s Operatio ns on site The contractor shall confine his

operation to the s ite, and to any additional areas, which may be obtained by the contactor and agreed by the Engineer as working areas. The contractor sha ll take all necessar y precautions to keep contractor’s equipment and contractor’s personnel within the site and these addit iona l areas, and to keep them off ad jacent land .

During the execution of the works, the contractor sha ll keep the s ite free from all unnecessar y obstruction, and sha ll store or d ispose of any contractor’s equipment or surplus materials. The contractor sha ll clear awa y and remove from the site any wreckage, rubbish and temporary works which are no longer required .

Upon the issue of a Taking-over cert if icate, the contractor shall c lear away and remove, from that part of the site and works to which the taking over cert if icate refers, a ll contractor’s equipment, surp lus materia l, wreckage, rubbish and temporary works. The contractor shall leave that part of the site and the works in a c lean and safe condit ion. However, the contractor may retain on site, during the defects

notif ication period , such goods as are required for the contractor to fulf ill obligat ions under the contract.

4 .24 Fossils All fossils, co ins, artic les of va lue o r ant iqu ity, and structures and other remains or items of geo logica l o r archaeo logica l interest found on the site shall be placed under the care and authorit y of the Employer. The contractor sha ll take reasonable precautions to p revent contractor’s personnel o r other persons from removing or damaging any of these findings.

The contractor sha ll, upon discovery o f any such find ings, promptly give not ice to the Engineer, who shall issue instruction for dealing with it. If the contractor suffers de lay and / or incurs cost from complying with the instruction, the contracto r sha ll give a fu rther notice to the Engineer and sha ll be ent it led subject to sub-clause 20.1 (contractor’s claims) to:

a) an extension of time for any such dela y, if completion is o r will be dela yed , under Sub-clause 8.4 (Extension of t ime fo r completion), and

b) payment of any such cost, which shall be included in the contract price

After receiving this further notice, the Engineer sha ll proceed in accordance with Sub-clause 3.5 (Determinat ions) to agree or determine these matter s.

5 .1 Definit ion of ‘nominated Sub Contractor’

In the Contract, ‘nominated Sub Contracto r’ means a Sub contractor:

a) Nominated subcontractor shall be the one which is engaged by the Employer to complete the works in case the Contracto r fails to meet the p hysica l progress o f the work or an item of work

or

b) Whom the engineer, under Clause 13 (Var iations and Adjustments) , instructs the Contractor to employ as Subcontractor.

The Contractor sha ll be under obligat ion to employ a nominated Subcontractor / accept a nominated sub contractor suggested b y the Employer as soon as practicable,

5 .3 Payments to nominated Subcontracto rs

The Contractor shall pay to the nominated Subcontractor the amounts which the Engineer cert if ies to be due in accordance with the subcontract. In case the contracto r fails to pay the nominated sub contractor , the payment shall be made direct ly by the Employer. These amounts p lus other charges shall be recovered from the inter im cert if icates of the contracto r.

5 .4. Evidence of Pa yments

Before issuing a Payment Cert ificate which includes an amount payable to a nominated Subcontractor, the Engineer may request the Contracto r to supp ly reasonable evidence that the nominated Subcontractor has received all amounts due in accordance with previous Payment Certif icates, less app licable deductions fo r retent ion or otherwise. Unless the Contrac to r;

a) Submits this reasonable evidence to the Engineer, or

b) i) Satisfies the Engineer in wr it ing that the Contracto r is reasonabl y ent it led to withho ld or refuse to pay these amounts, and i i) Submits to the Engineer reasonable evidence that the nominated Subcontracto r has been notif ied of the Contractor’s ent it lement.

Then the Employer may (at his sole discret ion) pay, direct to the nominated

Subcontractor, part or all of such amounts p reviously cert if ied ( less applicab le deductions) as are due to the nominated Subcontractor and for which the Contracto r has fa iled to submit the evidence descr ibed in sub-paragraph (a) or (b) above. The Contracto r shall then repay to the Employer the amount which the nominated Sub-contractor was direct ly paid by the Employer.

STAFF AND LABOUR 6 .1 Engagement of Staff and Labour

Except as o therwise stated in the Specification, the Contracto r shall make arrangements fo r the engagement of all sta ff and labor, loca l o r otherwise, and for their payment, housing, feeding and transport.

6 .2 Rates o f Wages and Condit ions o f Labour

The Contracto r shall pay rates o f wages, and observe condit ions of labour, which are not lower than those estab lished fo r the trade o r industry where the work is carried out, if no established rates or condit ions are applicab le, the Contracto r shall pay rates of wages and observe cond itions which are not lower than the genera l level of wages and condit ions observed loca lly employees whose trade or industry is similar to that of the Contracto r.

6 .3 Persons in the Service of Employer

The Contractor sha ll not recruit, or attempt to recruit, sta ff and labour from amongst the Employer’s Personnel.

6 .4 Labour Laws

The Contrac to r shall comply with the relevant labour Laws applicable to the Contractor’s personnel, inc luding Laws re lat ing to their employment, health, safety, welfare, immigrat ion and emigration, and sha ll allow them a ll their legal rights. The Contractor sha ll require his emp loyees to obey all app licab le Laws, including those concerning safet y at work.

6 .5 Working Hours

The working hours sha ll be as convenient to the contractor. Work ma y have to be carried out in two shifts to meet the complet ion schedu le. Nothing extra shall be payab le to the contractor on account of working in extra shift s/Sunda ys /holidays.

However the contractor shall observe the statutory holida ys of 15 t h August,26 t h January and 2 nd October.

6 .6 Facilit ies for Staff and Labour

Except as otherwise stated in the Specifications, the Contractor sha ll provide and mainta in a ll necessary accommodation and welfare facilit ies fo r the Contractor’s Personnel. The Co ntracto r sha ll also provide facilit ies for the Employer’ s Personnel as stated in the Specification.

The Contractor shall not permit any o f the Contracto r’s Personnel to maintain any temporary or permanent living quarters within the structu res fo rming part of the Permanent Works.

6 .7 Health and Safet y

The Contractor shall at a ll t imes take all reasonable precautions to maintain the health and safet y of the Contracto r’s Personnel. In co llaboration with local hea lth authorit ies, the Contracto r shall ensure that medica l staff, f ir st and facilit ies, sick bay and ambulance service are ava ilable at a ll t imes at the Site and at any accommodation for Contractor’s and Employer’s Personnel, and that su itable arrangements are made for all necessary welfare and hygiene requ irements and for the prevent ion o f epidemics.

The Contractor shall appoint an accident prevent ion officer at the Site, reasonable for mainta ining safet y and protection against accidents. This person shall be qualif ied for this responsibilit y, and sha ll have the au thority to issue instructions and take protective measures to p revent accidents. Throughout the execution of the Works, the Contracto r sha ll provide whatever is required by this person to exercise this responsibilit y and authorit y.

The Contractor shall send, to the Engineer, details of any acc ident as soon as practicable after it s occurrence. The Contractor sha ll maintain records and make reports concerning health, safety and welfare of persons, and damage to property, as the Engineer ma y reasonab ly require.

6 .8 Contractor’s Superintendence

Throughout the execution of the Works, and as long thereafter as is necessar y to fulf ill the Contractor’s

obligat ions, the Contractor shall provide all necessary superintendence to plan, arrange, direct, manage, inspect and test the work.

Superintendence shall be given by a sufficient number of persons having adequate knowledge o f the language for communicat ions (defined in Sub -Clause 1.4 (Law and Language) and of the operations to be carried out ( includ ing the methods and techniques required, the hazards likely to be encountered and methods of prevent ing accidents), fo r the sat isfactory and safe execution o f the Works.

6 .9 Contractor’s Personnel

The Contractor’s Personnel shall be appropriate ly qualif ied, skilled and exper ienced in their respective trades o r occupations. The Engineer ma y require the Contractor to remove (or cause to be removed) any person emplo yed on the site or Works, including the Contractor’s Representat ive if applicab le, who:

a)

persists in any misconduct o r lack o f care,

b)

carries out duties incompetent ly o r negligent ly,

c)

fa lls to confirm with any provis ions of the Contract, or

d)

persists in any conduct which is prejudicial to safet y, hea lth, or the protection of the environment.

If appropriate, the Contractor shall then appo int (o r cause to be appointed) a su itab le replacement person.

6 .10 Records of Contracto r’s Personnel & Equipment 6 .11 Diso rderly conduct

The Contracto r sha ll submit, to the Engineer, details showing the number of each c lass o f Contracto r’s Personnel and of each type o f Contactor’s Equipment on the Site. Deta il s shall be submitted each ca lendar month, in a fo rm approved by the Engineer, unt il the Contractor has completed all work which is known to be outstand ing at the completion date sta ted in the Taking-over Certif icate for the Works. The contractor sha ll at all t imes take all reasonable precautions to p revent any unlawfu l , r iotous or

diso rderly conducts by or amongst the contractor’s personal, and to preserve peace and protect ion o f persons and property on an near the s ite.

PLANT, MATERIALS AND WORKMANSHIP 7 .1 Manner of Execut ion

The Contractor sha ll carry out the construction o f build ing, the production and manufactu re o f Materia ls, and all o ther execu tion of the Works;

a) In the manner ( if any) spec ified in the Contract.

b) In a p roper workmanlike and carefu l manner, in accordance with recognized best professio nal pract ice, and

c) With p roperly equipped facilit ies and non-hazardous Materia ls, except as otherwise specified in the Contract.

7 .2 Samples

The Contractor shall submit the following samples of Materials, and relevant information, to the Engineer for consent p rio r to using the Materia ls in or for the Works:

a) Manufacturer’s standard of Materia ls and samples specified in the Contract, all at the Contractor’s cost, and

b) Add itional samples instructed by the Engineer.

Each sample shall be labeled as to origin and intended use in the Works.

7 .3 Inspection

The Emplo yer’ s Personnel including the consu ltant shall at a ll reasonab le times:

a) Have full access to all parts of the Site and to all p laces from which natural Materia ls are being obtained, and

b) During p roduction, manufactu re and construction (at the Site and elsewhere), be ent itled to examine, inspect, measure and test and mater ials and workmanship, and to check the progress o f

manufacture of Plant and production and manufacture of Materia ls.

The Contractor shall give the Employer’ s Personnel fu ll opportunit y to carr y out these activit ies, includ ing p roviding access, fac ilit ies, permissions and safet y equipment. No such act ivit y shall r elieve the Contractor from any obligation o r responsibilit y.

The Contractor sha ll give notice to the Engineer whenever any work is ready and before it covered up, put out o f sight, or packaged for storage o r transport. The Engineer sha ll then either carr y out the examinat ion, inspect ion, measurement o r testing without unreasonable delay, or p romptly give not ice to the Contractor that the Engineer does not require to do so. If the Contractor falls to give the notice, he sha ll, if an when requ ired by the Engineer, uncover the work and thereafter reinstate and make good, all at the Contractor’s cost.

7 .4 Testing

This Sub-Clause shall app ly to all tests specified in the Contract, other than the Tests after Complet ion (if any).

The Co ntracto r shall provide all apparatus, assistance, documents and other information, electr ic it y, equipment, fuel, consumables, instruments, labour, materia ls, and su itably qualif ied and experienced sta ff, as are necessar y to carry out the specified tests efficient ly. The Contracto r shall agree, with the Engineer , the t ime and place for the spec ified test ing of any Plant, Materia ls and other parts of the Works.

The Engineer may, under Clause 13 (Variations and Adjustments) , ver y the locat ion or details o f specified tests, or instruct the Contractor to carry out addit ional tests, if these var ied or additional tests show that the tested Plant, Materials o r workmanship is not in accordance with the Contract, the cost of carrying ou t this variat ion shall be borne by the Contractor, notwithstand ing other provisions of the Contract.

The Engineer sha ll give the Contractor not less than 24 hours notice of the Engineer’s intent ion to attend the tests. If the Engineer does no t attend at the t ime and place agreed, the Contractor ma y proceed with the tests, unless otherwise instructed

by the Engineer, and the tests shall then be deemed to have been made in the Engineer’s p resence.

If the Co ntracto r su ffers delay and/or incurs Cost from complying with these instructions or as a resu lt of a delay fo r which the Employer is responsible, the Contractor shall give no tice to the Engineer and shall be ent it led subject to Sub -Clause 20.1 (Contractor’s Cla ims) to:

a)

An extension of time for any such delay, if complet ion is or will be delayed, under Sub-Clause 8 .4 (Extension o f Time o r Complet ion),

After rece iving this not ice, the Engineer sha ll

proceed in accordance with Sub-Clause 3.5 (Determinatio ns) to agree o f determine these matters.

The Co ntracto r sha ll promptly forward to the Engineer duly certif ied reports of the tests. When the specified tests have been passed , the Engineer shall endorse the Contractor’s test certif icate, o r issue a cert if icate to him, to that effect. If the Engineer has not attended the tests, he sha ll be deemed to have accepted the readings as accurate.

7 .5 Reject ion

If, as a result of an examination, inspect ion, measurement or test ing, any Plant, Materials o r workmanship is found to be defect ive or o therwise not in accordance with the Contract, the Engineer may re ject the work, Materia ls or workmanship by giving no tice to the Co ntracto r, with reasons. The Contracto r shall then promptly make good the defect and ensure that the rejected item complies with the Contract.

If the Engineer requ ires this work, Materia ls o r workmanship to be retested, the tes ts shall be repeated under the same terms and conditions. If the re jection and retesting cause the Employer to incur additional costs, the Contracto r shall sub ject to Sub-Clause 2.5 (Employer’s Cla ims) pay these costs to the Employer.

7 .6 Remedial Work

Notwithstand ing any previous test or certificat ion, the Engineer may instruct the Contrac tor to:

a) Remove from the Site and replace any Plant o r Materia ls which is not in

accordance with the Contract.

b) Remove and re-execu te any other work which is not in accordance with the Contract, and

c) Execute any work which is u rgent l y required fo r the safet y o f the Works, whether because o f an acc ident, unforeseeable event or otherwise.

The Contractor sha ll comply with the instruction within a reasonable time, which shall be the time (if any) specified in the instruct ion, o r immediately if u rgenc y is specified under sub-paragraph (c) .

If the Contractor fails to comply with the instruction, the Employer shall be ent itled to employ and pay other persons to carry out the work. Except to the extent that the Contracto r wou ld have been ent it led to payment for the work, the Contractor shall sub ject to Sub-Clause 2.5 (Employer’s Cla ims) pay to the Emplo yer all costs arising from this fa ilure.

7 .7 Ownership of Plant and Materials

Each item of work and Mater ials sha ll, to the extent consistent with the Laws of the Country, become the property of the Employer at whichever is the earlier of the fo llowing t imes, free from liens and other encumbrances:

a) When it is delivered to the Site :

b) When the Contrac tor is ent it led to payment of the va lue o f the work and Materia ls under Sub-Clause 8.10 (Payment fo r Plant and Mater ials in Event o f Suspension).

7 .8 Royalt ies

Unless otherwise stated in the Specification, the Contracto r shall pay all royalt ies, rents and other payments for:

a) Natural Mater ials obtained from outside the Site, and

b) The d isposa l of materials from demolit ions and excavat ions and o f other surplus materia l (whether natural or man-made), except to the extent that disposal areas within the Site are specified in the Contract.

COMMENCEMENT, DELAYS AND SUSPENSION 8 .1 Commencement of Works

Unless otherwise stated in the Particular Condit ions, the Commencement Date sha ll be within 15 days after the Contractor rece ives the Letter of Acceptance.

The Contractor shall commence the execution o f the Works as soon as is reasonably pract icable a fter the Commencement Date, and sha ll then proceed with the Works with due expedit ion and without dela y.

8 .2 Time for Complet ion

The Contractor shall complete the who le of the Works, and each Sect ion (if any), within the T ime fo r Completion for the Works of Sect ion (as the case may be), inc luding:

a) Achieving the passing o f the Tests on Completion, and

b) Completing a ll work which is stated in the Contract as being required for the Works or Sect ion to be considered to be completed for the purposes of taking-over under Sub-Clause 10.1 (Taking Over of the Works and Sect ions).

8 .3 Programme

The Contractor shall submit a detailed t ime programme within 28 days a fter receiving the LOA. The Contrac tor shall also submit a revised programme whenever the p revious programme is inconsistent with actual progress or with the Contracto r’s ob ligat ions. Each programme sha ll include:

a) The order in which the Contracto r intends to carry out the Works, includ ing the ant icipated timing of each stage of design (if any), Contractor’s Documents, procurement, manufacture of Plant, deliver y to Site, construction, erect ion and test ing.

b) Each of these stages for work by each Subcontractor

c) The sequence and t iming of inspections and tests spec ified in the Contract, and

d) A supporting report which includes:

i) A genera l descr iption of the methods which the Contracto r/sub contracto r intends to adopt, and o f the majo r stages, in the execution of the Works, and

i i) Details showing the Contractor’s / sub contractor’s reasonable est imate of the number of each class of Contractor’s Personnel and of each t ype o f Contracto r’s Equipment, required on the Site for each major stage.

Unless the Engineer, within 21 days of rece iving a programme, gives not ice to the Contrac tor stating the-extent to which it does not comply with the Contract, the Contractor shall proceed in accordance with the Programme, sub ject to its other obligat ions under the Contract. The Emplo yer’s Personnel shall be ent it led to rely upon the programme when planning their act ivit ies.

The Contractor sha ll promptly give no tice to the Engineer o f spec ific probable future events o r circumstances which may adverse ly affect the work, increase the Contract Pr ice or dela y the execution o f the Works. The Engineer ma y require the Contractor to submit an estimate of the ant ic ipated effect o f the future event o r circumstances, and/or a proposal under Sub-Clause 13.3 (Variat ion Procedure).

If, at any t ime, the Engineer gives notice to the Contracto r that a programme fails to the extent (stated) to comply with the Contract or to be consistent with actual progress and the Contractor’s stated intent ions, the Contracto r shall submit a revised programme to the Engineer in accordance with this Sub-Clause.

8 .4 Extension of T ime for Completio n

The Contractor shall be entit led subjec t to Sub -Clause 20.1 (Contractor’s Claims) to an extension of the T ime for Complet ion if and to the extent that completion fo r the purposes of Sub -Clause 10.1 (Taking over of the Works and Sect ions) is o r will be delayed by any of the fo llowing causes:

a) A variat ion (unless an ad justment to the Time for Completion has been agreed under Sub-Clause 13.3 (Var iat ion Procedure) or other substant ial change in the quantit y of an item of work

included in the Contract,

b) A cause of dela y giving an ent it lement to extensio n of time under a Sub-Clause of these Condit ions.

c) Exceptiona lly adverse climat ic condit ions,

d) Unforeseeable shortages in the ava ilab ilit y of personnel or Goods caused by epidemic or governmenta l actions, o r

e) Any delay, impediment or prevent ion caused b y attr ibutable to the Employer, the Employer’s Personnel, or the Employer is other contracto rs on the Site.

If the Contractor considers himself to be ent it led to an extension of the T ime fo r Completion, the Contracto r shall give not ice to the Engineer in accordance with Sub-Clause 20.1 (Contractor’s Cla ims). When determining each extension of t ime under Sub-Clause 20.1 , the Engineer shall review previous determinat ions and ma y increase, but sha ll not decrease, the to ta l extension of t ime.

8 .5 Dela ys caused by Authorit ies

If the fo llowing condit ions apply, namely:

a) The Contractor has diligent ly followed the procedures la id down by the relevant lega lly const itu ted public authorit ies in the Country.

b) These authorit ies dela y or disrupt the Contracto r’s work, and

c) The delay or disruption was Unforeseeable.

Then this dela y or d isruption will be considered as a cause of delay under sub-paragraph (b) or Sub-Clause 8.4 (Extension of Time fo r Completion).

8 .6 Rate of Progress

If, at any t ime :

a) Actual progress is too slow to complete within the Time for Completio n, and/or

b) Progress has fallen (or will fa ll) behind

the current programme under Sub-Clause 8.3 (Programme),

Other than as a result o f a cause listed in sub -Clause 8.4 (Extension of Time fo r Complet ion), then the Engineer ma y instruct the Contractor to submit, under Sub-Clause 8.3 (Programme), a revised p rogramme and supporting report describ ing the revised methods which the Contracto r proposes to adopt in order to exped ite progress and complete within the Time fo r Completion.

Unless the Engineer notif ies o therwise, the Contracto r sha ll adopt these revised methods, which may require increase in the working hours and /o r in the numbers o f Contractor’s Personnel and /o r Goods, at the r isk and cost of the Contracto r. If these revised methods cause the Employer to incur addit iona l costs, the Contracto r shall subject to Sub-Clause 2.5 (Emplo yer’s Cla ims) pay these costs to the Emplo yer, in addition to delay damages ( if any) u nder Sub-Clause 8.7 below or else it shall be recovered from the contrac tor’s cla ims.

8 .7 Delay Damages

If the Contracto r fails to comply with Sub-Clause 8.2 (Time for Complet ion), the Contracto r sha ll sub ject to Sub-Clause 2.5 (Employer’ s Claims) pa y dela y damages to the Employer for this defau lt. These de lay damages shall be the sum stated in the Particular condit ions of Contract, which sha ll be paid for every da y which shall e lapse between the relevant T ime fo r Complet ion and the date stated in the Taking-Over Cert if icate. However, the total amount due under this Sub-Clause shall not exceed the maximum amo unt of de lay damages ( if any) stated in the Part icu lar condit ions of Contract.

Unless the Engineer notif ies o therwise, the Contracto r sha ll adopt these revised methods, which may require increases in the working hours and /o r in the numbers o f Contractor’s Personnel and /o r Goods, at the r isk and cost of the Contracto r.

8 .8 Suspension of Work

The Engineer may at any t ime instruct the Contracto r to suspend progress of part or all of the Works. During such suspension, the Contracto r

shall protect, store and secure such part or the Works against any deteriorat ion, loss or damage.

The Engineer may also notify the cause for the suspension. If and to the extent that the cause is notif ied and is the responsib ility of the Contracto r, the following Sub-Clauses 8.9, 8.10 and 8.11 sha ll not apply.

8 .9 Consequences of Suspension

If the Co ntracto r su ffers delay and/or incurs Cost from complying with the Engineer’s instructions under Sub-Clause 8.8 (Suspension of Work) and /o r from resuming the work, the Co ntracto r shall give notice to the Engineer and sha ll be entit led sub ject to Sub-Clause 20.1 (Contractor’s Claims) to:

a) An extension of time for any such delay. If completio n is or will be delayed, under Sub-Clause 8 .4 (Extension o f Time for Complet ion), and

After rece iving this not ice, the Engineer sha ll

proceed in accordance with Sub-Clause 3.5 (Determinatio ns) to agree o r determine these matters.

The Contractor shall not be ent it led to an extension of time for making good the consequences o f the Contracto r’s fault y design, workmanship o r mater ials, or of the Contractor’s fa ilure to p ro tect, store or secure in accordance with Sub-Clause 8.8 (Suspension of Work).

8 .10 Payment for Plant and Materials in Event of Suspension

The Contractor shall be ent it led to payment of the value (as at the date of suspensio n) o f Plant and/o r Materia ls which have not been delivered to Site, if:

a) The work on Plant or delivery o f Plant and /o r Materials has been suspended fo r more than 28 days, and

b) The contractor has marked the Plant and /o r Materials as the Emplo yer’ s property in accordance with the Engineer’s instructions.

8 .11 Prolonged Suspension

If the suspension under Sub-Clause 8 .8 (Suspension of Work) has cont inued for more than 84 days, the Contracto r may request the Engineer’s permission to proceed. If the Engineer does not give permission within 28 days after being requested to

do so, the Contractor may, by giving no tice to the Engineer, treat the suspension as an omission under Clause 13 (Variat ions and Adjustments) of the affected part of the Works. If the suspension affects the whole of the Works, the Contracto r may give notice o f terminat ion under Sub-Clause 16.2 (Terminatio n by Contractor) .

8 .12. Resumption o f Work

After the permission or instruct ion to proceed is given, the Contractor and the Engineer shall joint l y examine the Works and the Plant and Materials affected by the suspension. The Co ntractor sha ll make good any deterioratio n or defect in o r loss o f the Works or Plant or Mater ials, which has occurred during the suspension.

TESTS ON COMPLETION 9 .1 Contractor’s Obligat ions

The Contractor shall carry out the Tests o r Completion in accordance with this Clause and Sub-Clause 7 .4 (Testing), after providing the documents in accordance with sub-paragraph (d) o f Sub-Clause 4 .1 (Contractors Genera l Ob ligat ions).

The Contractor shall give to the Engineer not less than 21 days notice of the date after which the Contracto r will be read y to carr y out each o f the Tests on Complet ion. Unless o therwise agreed, Tests on Completion shall be carried ou t within 14 days a fter this date, on such day or days as the Engineer shall instruct.

In consider ing the results of the Test on Completion, the Engineer shall make a llowances fo r the effect o f any use o f the Works b y the Employer on the performance or other characterist ics of the Works. As soon as the Works, or a Section, have passed any Tests on Complet ion, the Contract shall submit a cert ified report o f the resu lts of these Tests to the Engineer.

9 .2 Dela yed Tests

If the Tests on Complet ion are being unduly dela yed b y the Employer, Sub-Clause 7 .4 (Test ing) (f if th paragraph) and/or Sub -Clause 10.3 (inter ference with Tests on Complet ion) sha ll be applicab le.

If the Tests on Complet ion are being unduly dela yed by the Contractor, the Engineer may by notice require the Contractor to carry out the Tests within 21 days after receiving the notice. The Contracto r shall carry out the Tests on such day o f

days within the period as the Contractor may fix and of which he shall give not ice to the Engineer.

If the Contractor fails to carry out the Tests on Completion within the period of 21 days, the Employer’s Personnel ma y proceed with the Tests at the r isk and cost o f the Contracto r. The Tests on Completion shall then be deemed to have been carried out in the presence of the Contractor and the resu lts of the Tests shall be accepted as accurate.

9 .3 Retest ing

If the Works, or a Section, fa il to pass the Tests on Completion, Sub-Clause 7.5 (Reject ion) sha ll apply, and the Engineer or the Contractor may require the failed Tests, and Tests on Complet ion on any re lated work, to be repeated under the same terms and condit ions.

9 .4 Failure to Pass Tests on Complet ion

If the Works, or a Section, fa il to pass the Tests on Completion repeated under Sub-Clause 9.3 (Retesting), the Engineer sha ll be ent itled to:

a) Order further repetit ion of Tests on Completion under Sub-Clause 9.3;

b) If the fa ilure deprives the Employer o f substant ially the whole benefit of the Works or Sect ion, re ject the Works o r Section (as the case ma y be), in which event the Employer sha ll have the same remedies as are provided in sub -paragraph (c) of Sub-Clause 11.4 (Failure to Remedy Defects); or

c) Issue a Taking-Over Cert if icate, if the Employer so requests.

In the event o f sub-paragraph (c) , the Contracto r shall p roceed in accordance with all other obligat ions under the Contract, and the Contract Price shall be reduced by such amount as shall be appropriate to cover the reduced value to the Employer as a result of this failure. Unless the relevant reduction for this failure is stated (or its method of calcu lat ion is defined) in the Contract, the Employer may require the reduction to be ( i) agreed by both Parties (in full sat isfact ion of this fa ilure only) and paid before this Taking-Over Certif icate is issued, o r (ii) determined and paid under Sub-Clause 2 .5 (Employer’s Claims) and Sub-Clause 3 .5 (Determinat ions).

10.0 EMPLOYERS TAKING OVER 10.1 Taking Over o f the Works and Sect ions

Except as stated in Sub-Clause 9.4 (Failure to Pass Tests on Complet ion), the Works sha ll be taken over by the Employer when ( i) the Works have been complete in accordance with the Contract, includ ing the matter descr ibed in Sub-Clause 8.2 (Time for Completion) and except as a llowed in sub -paragraph (a) below, and (i) a Taking-Over Certif icate for the Works has been issued, or is deemed to have been issued in accordance with this Sub-Clause.

The Contractor ma y apply by not ice to the Engineer fo r a Taking-Over Cert if icate no t earlie r than 14 days before the Works will, in the Contractor’s opinion, be complete and ready fo r taking over. If the Works are divided into Sections, the Contracto r may s imilar ly apply for a Taking-Over Cert ificate fo r each Sect ion.

The Engineer sha ll, within 28 days after rece iving the Contractor’s applicat ion:

a) Issue the Taking-Over Certif icate to the Contracto r, stat ing the date on which the Works or Sectio n were completed in accordance with the Contract, except fo r any minor outstand ing work and defects which will not substantia lly affect the use of the Works or Sect ion for the ir intended purpose (either unt il or whilst this work is complete and these defect are remedied); or

b) Reject the app licat ion, giving reasons and spec ifying the work required to be done by the Contractor to enab le the Taking-Over Cert if icate to be issued. The Contrac tor shall then complete this work befo re issuing a fu rther not ice under this Sub-Clause.

If the Engineer fails either to issue the Taking-Over Certif icate or to re ject the Contracto r’s applicat ion within the per iod of 28 days, and if the Works o r Section (as the case may be) are substant ia lly in accordance with the Contract, the Taking-Over Certif icate shall be deemed to have been issued on the last da y of that period.

10.2 The Engineer may, at the so le d iscret ion of the

Taking-Over of Parts of the Works Employer, issue a Taking-Over Cert ificate for any part of the Permanent Works.

The Emplo yer shall not use any part of the Works (o ther than as a temporary measure which is either specified in the Contract or agreed by both Part ies) unless and unt il the Engineer has issued a Taking-Over Cert if icate fo r this part. However, if the Employer does use any part of the Works befo re the Taking-Over Certif icate is issued:

a) The part which is used shall deemed to have been taken over as from the date on which it is u sed.

b) The Co ntracto r shall cease to be liable fo r the care of such part as from this date, when responsibility shall pass to the Employer, and

c) If requested by the Contractor, the Engineer shall issued a Taking-Over Certif icate for this part.

After the Engineer has issued a Taking-Over Certif icate for a part of the Works, the Contracto r shall be given the ear liest opportunit y to take such steps as ma y be necessar y to carry out any outstanding Tests on Complet ion. The Contracto r shall carr y out these Tests on Completion as soon as pract icable before the expiry date of the relevant Defects No tif icat ion period.

If the Contractor incurs Costs as a result of the Employer taking over and/or using a part of the Works, other than such use as is spec ified in the Contract or agreed by the Contracto r, the Contracto r shall ( i) give no tice to the Engineer and (ii) be entit led subject to Sub-Clause 20.1 (Contractor’s Claims) to payment of any such Costs plus reasonab le profit , which sha ll be included in the Contract Price. After receiving this notice, the Engineer shall proceed in accordance with Sub -Clause 3.5 (Determinat ions) to agree or determine this Cost and profit .

If a Taking-Over Cert if icate has been issued fo r a part of the Works (other than a Sect ion), the dela y damages thereafter for completion of the remainder of the Works sha ll be reduced. Similar ly, the de lay damages for the remainder o f the Sect ion (if any) in which this part is included sha ll also be reduced.

For any period of delay after the date stated in this Taking-Over Cert if icate, the proportional reduction in these delay damages shall be calculated as the proportion which the value o f the part so certif ied bears to the value of the Works or Section (as the case may be) as a whole. The Engineer sha ll proceed in accordance with Sub-Clause 3.5 (Determinatio ns) to agree o r determine these proportions. The provisions of this paragraph sha ll only apply to the daily rate of dela y ‘damages under Sub-Clause 3 .5 (Determinat ions) to agree o r determine these proportions. The provisions of this paragraph sha ll only apply to the da ily rate of delay ‘damages under Sub-Clause 8.7 (Delay Damages), and shall not affec t the maximum amount of these damages.

10.3 Interference with Tests on Completion

If the Contractor is prevented , for more than 14 days, from carrying ou t the Tests on Complet ion by a cause fo r which the Employer is responsible, the Employer sha ll be deemed to have taken over the Works or Section (as the case ma y be) on the date when the Tests on Complet ion would otherwise have been completed .

The Engineer shall then issue a Taking-Over Certif icate accord ingly, and the Contracto r sha ll carry out the Tests on Complet ion as soon as practicable, before the expir y date of the Defects Notif icat ion Per iod . The Engineer sha ll r equire the Tests on Complet ion to be carried out by giving 14 days’ no tice and in accordance with the relevant provis ions of the Contract.

If the Contractor su ffers dela y and /o r incurs Costs as a result of this delay in carrying out the Tests on Completion, the Contractor sha ll give notice to the Engineer and shall be ent it led subject to Sub -Clause 20.1 (Contractor’s Cla ims) to:

a) An extension of time for any such delay, if complet ion is or will be delayed under Sub-Clause 8.4 (Extension o f T ime fo r Completion), and

b) Payment o f any such Cost p lus reasonable p ro fit , which sha ll be included in the Contract Price.

After rece iving this not ice, the Engineer sha ll proceed in accordance with Sub-Clause 3.5 (Determinatio ns) to agree o r determine these

matters.

10.4 Surfaces Requ iring Reinstatement

Except as otherwise stated in a Taking-Over Certif icate, a cert if icate fo r a Section or part of the Works sha ll not be deemed to certify complet ion o f any ground or other surfaces requiring reinstatement.

DEFECTS LIABILITY 11.1 Completion of Outstanding Work and Remed ying Defects

In order that the Works and Contractor’s Documents, and each Section, sha ll be in the condit ion required by the Contract ( fa ir wear and tear excepted) by the expir y date of the relevant Defects Notif icat ion Per iod as soon as p ract icab le thereafter , the Contractor shall:

a) Complete any work which is ou tstanding on the date stated in a Taking-Over Certif icate, within such reasonable t ime as is instructed by the Engineer, and

b) Execute all the work required to remed y defects o r damage, as may be not ified b y (o r on behalf of) the Employer on o r before the expir y date of the Defects Notif icat ion Period for the Works o r Section (as the case may be). If a defect appears or damage occurs, the Contracto r shall be notif ied accordingly, by (or on behalf o f) the Employer.

11.2 Cost of Remedying Defects

All work referred to in sub-paragraph (b) of Sub -Clause 11.1 (Completion of Outstand ing Work and Remed ying Defects) shall be executed a t the r isk and cost o f the Contracto r, if and to the extent that the work is attr ibutab le to;

a) Any design for which the Contracto r is responsible.

b) Plant, Mater ia ls o r workmanship not being in accordance with the Contract, or .

c) Failure b y the Contractor to comply wit h any other ob ligat ion.

If and to the extent that such work is attr ibutable to any other cause, the Contracto r sha ll be not if ied promptly by (or on behalf of) the Employer, and Sub-Clause 13.3 (Var iat ion Procedure) shall app ly.

11.3 Extension of Defects Notif icatio n Period

The Employer shall be ent it led subject to Sub -Clause 2.5 (Employer’ s Claims) to an extension o f the Defects No tif icat ion Period for the Works o r a Section if and to the extent that the Works, Sect ion or a major item of Plant (as the case may be, and after taking over) canno t be used for the purposes fo r which they are intended by reason of a defect o r damage. However, a Defects Notif ication Period shall not be extended by more than two ye ars.

If deliver y and/o r erect ion of Plant and/o r Materia ls was suspended under Sub-Clause 8.8 Suspension of Work) or Sub-Clause 16.1 (Contractor’s Entit lement to Suspend Work), the Contracto r’s obligatio ns under this Clause shall not apply to any defects o r damage occurring more than two years a fter the Defects Not if icat ion Period fo r the Plant and/or Materials wou ld otherwise have exp ired.

11.4 Failure to Remedy Defects

If the Contracto r fails to remedy any defect o r damages within a reasonable t ime, a date may be fixed by (or on behalf of) the Employer, on or by which the defect or damage is to be remedied. The Contracto r shall be given reasonab le notice of this date.

If the Contractor fails to remedy the defect o r damage by this notif ied date and this remedia l work was to be execu ted at the cost of the Contracto r under Sub -Clause 11 .2 (Cost of Remed ying Defects) , the Employer may (at his op tion):

Carry out the work himself or by others, in a reasonab le manner and at the Contracto r’s cost, but the Contracto r shall have no responsibilit y for this work; and the Contractor sha ll subject to Sub-Clause2 .5 (Employer’s Claims) pay to the Employer the costs reasonabl y incurred by the Employer in remed ying the defect o r damage;

a) Require the Engineer to agree o r determine a reasonab le reduction in the Contract Pr ice in accordance with Sub -Clause 3.5 (Determinat ions); or

b ) If the defect o r damage deprives the Employer of substantia lly the whole

benefit of the Works or any major part of the Works, terminate the Contract as a whole, o r in respect of such major part which canno t be put to the intended use. Without prejud ice to any other r ights, under the Contract or otherwise, the Employer shall then be ent it led to recover a ll sums paid for the Works o r fo r such part (as the case may be), p lus financ ing costs and the cost o f dismantling the same, c learing the Site and retu rning Plant and Materia ls to the Contracto r.

11.5 Removal of Defect ive Work

If the ob ject or damage canno t be remedied expeditiously on the S ite and the Employer gives consent, the Contractor may remove from the Site fo r the purposes of repair such items of plant as are defect ive o r damaged . This consent may require the Contracto r to increase the amount of the Performance Securit y b y the fu ll rep lacement cost of these items, or to provide o ther appropriate securit y.

11.6 Further Tests

If the work of remedying of any defect or damage may effect the performance of the works, the Engineer ma y require the reposit ion of any tests described in the Contract. The requirement shall be made by notice within 28 days after the defect o r damage is remed ied.

These tes ts shall be carr ied out in accordance with the terms applicable to the previous tes ts, except that the y shall be carried ou t at the r isk and cost o f the Part y liab le, under Sub-Clause 11.2 (Cost o f Remed ying Defects) , for the cost of the remedial work.

11.7 Right o f Access

Until the Performance Cert if icate has been issued, the Cert if icate shall have such right of access to the Works as is reasonably required in order to comply with this Clause, except as ma y be inconsistent with the Employer’s reasonable securit y restr ict ions.

11.8 Contractor to Search

The contractor sha ll, if requ ired by the Engineer, search for the cause o f any defect, under the direct ion of the Engineer. Unless the defect is to be remedied at the cost of the Contractor under Sub -Clause 11.2 (Cost o f Remedying Defects) , the Cost of the search p lus reasonab le profit sha ll be agreed

or determined by the Engineer in accordance with Sub-Clause 3 .5 (Determinat ions) and sha ll be included in the Contract Price.

11.9 Performance Certif icate Performance of the contractor’s obligat ions sha ll not be considered to have been completed until the Engineer has issued the Per fo rmance Cer tificate to the Contracto r, stating the date on which the Contracto r completed his obligat ions under the Contract.

The Engineer sha ll issue the Performance Certif icate within 28 days after the latest of the exp iry dates of the Defects Not ificat ion Periods, o r as soon thereafter as the Contractor has supp lied a ll the Contractor’s Documents and Completed and lasted all the works, inc luding remedying any defects. A copy of the Performance Cert ificate shall be issued to the Employer.

Only the Performance Cert if icate sha ll be deemed to const itute accep tance of the Works.

11.10 Unfulfilled Obligat ions

After the Performance Cert if icate has been issued, each part y sha ll remain liable for the fulf illment o f any ob ligat ion which remains unperformed at that time. For the purposes o f determining the nature and extent of unper fo rmed obligat ions, the Contract shall be deemed to remain in force.

11.11 Clearance of Site

Upon rece iving the Performance Cert if icate, the Contracto r sha ll remove any remaining Contractor’s Equipment, surplus material, wreckage, rubbish and temporary works from the Site.

All these items have not been removed within 28 days a fter the Employer receives a copy of the Performance Certif icate, the Employer may sell o r otherwise d ispose o f any remaining items. The Employer shall be ent it led to be paid the costs incurred in connect ion with, or attributab le to, such sa le or disposal and restoring the Site.

Any balance of the moneys from the sale shall be paid to the contractor. If these mone ys are less than the Employer’s costs, the Contractor shall pay the outstanding balance to the Employer.

12.0 MEASUREMENT AND EVALUATION 12.1 The Works shall be measured, and valued fo r

Works to be Measured payment, in accordance with this Clause.

Whenever the Engineer requires any part of the Works to be measured, reasonab le not ice shall be given to the contractor’s Representat ions, who shall:

a) Promptly e ither attend or send

another qualif ied representat ive to

ass ist the Engineer in making the

measurement, and

b ) Supply any particular s requested

by the Engineer.

If the Contractor fa ils to attend o r send a

representat ive, the measurement made by (or on behalf of) the Engineer sha ll be accep ted as accurate.

Except as o therwise stated in the Contract, wherever any Permanent Works are to be measured from records, these shall be prepared by the Engineer. The Contracto r sha ll, as and when requested, attend to examine and agree the records with the Engineer, and shall sign the same when agreed. If the Contractor does no t attend, the records shall be accepted as accurate.

If the Contractor examines and disagrees the records, and/or does not s ign, them as agreed, then the Contractor sha ll give notice to the Engineer o f the respects in which the records are asserted to be inaccurate. After receiving this notice, the Engineer shall no tice to the Engineer within 14 days a fter being requested to examine the records, they sha ll be accepted as accurate.

12.2 Method of Measurement

Except as o therwise stated in the Contract and notwithstanding loca l pract ice:

a) Measurement sha ll be made of the

net actual quant it y o f each item of

the Permanent Works, and

b) The method of measurement shall be

in accordance with the Bill of

quant it ies o r other applicable

Schedules.

12.3 Evaluation

Except as otherwise stated in this Contract, the Engineer shall proceed in accordance with Sub -Clause 3.5 (Determinat ions) to agree or determine the Contract Pr ice b y eva luating each item of work, applying the measurement agreed or determined in accordance with the above Sub-Clauses 12.1 and 12.2 and the appropriate rate or price for the item.

Each new rate or price if required to be paid , sha ll be derived from any re levant rates or prices in the Contract, with reasonab le adjustments to take account of the matters descr ibed in sub-paragraph (a) and/o r (b), as applicable. If no rates o r price are relevant for the derivat ion of a new rate or price, it shall be prepared from the CPWD Book o f Analysis with market rates of Labour and Materials and including 15 % for profit and overheads and also including GST and labour cess etc. as applicab le. If the analysis of such item is no t ava ilab le in book o f analysis then it shall be paid on the Lowest Market rates to be ascertained b y Market surve y and Quotations.

12.4 Omissions/ Inc lusions

The quantities in the BOQ are tentative and the owner reserves the right to increase or decrease any quantity/quantities, omit any item mentioned in BOQ not required for execution or include any new item of work required to be executed for completion of the work.No extra compensation financial or otherwise shall be allowed to contractor on this account.

VARIATIONS AND ADJUSTMENTS 13.1 Right to Vary

Variat ions may be initiated by the Engineer at any time prio r to issuing the Taking-Over Cert ificate fo r the works, e ither by an instruction or b y a request for the Co ntracto r to submit a proposal.

The Contrac tor sha ll execute and be bound by each Variat ion, unless the Contrac tor promptly gives notice to the Engineer stating (with supporting particu lar s) that the contractor cannot readily

obtain the Goods requ ired fo r the Variat ion. Upon rece iving this not ice, the Engineer sha ll cance l, confirm o r var y the instruction.

Each Variat ion may inc lude

a) Changes the quantities of any item of work included in the Contract (however, such changes do not necessarily constitute a Variation).

b) Changes to the quality and other

characteristics of any item of work,

c) Changes to the levels, positions and/or dimensions of any part of the Works,

d) Omission of any work e) Any additional work, Plant, Materials or

services necessary for the Permanent Works, including any associated Tests on Completion, boreholes and other testing and exploratory work, or

f) Changes shall not make any alteration

and/or modification of the Permanent Works, unless and until the Engineer instructs or approves a variation.

13.2 Value Engineer ing

The contractor may, at any t ime, submit to the Engineer a wr itten p roposal which ( in the Contracto r’s opinion) will, if adopted, ( i) accelerate complet ion, (ii) reduce the cost to the Employer of execu t ing, maintaining or operating the Works, ( iii) improve the effic ienc y o r value to the Emplo yer of the completed Works, or (iv) otherwise be o f benefit to the Employer.

The proposal shall be prepared at the cost o f the Contracto r and shall include the items lis ted I Sub -Clause 13.3 (Variat io n Procedure).

If a proposal, which is approved by the Engineer, includes a change in the design of part of the Permanent Works, then unless otherwise agreed by both Parties:

a) The Contractor shall design this part,

b) Sub-paragraphs (a) to (d) o f Sub-

Clause 4 .1 (contractor’s Genera l

Ob ligat ions) shall app ly, and

c) If this change results in a reduction in

the contrac t value of this part, the

Engineer sha ll proceed in accordance

with Sub-Clause 3.5 (Determina t ions)

to agree.

i. Such reduction in contract va lue,

resu lt ing from the change,

exc luding ad justments under Sub-

Clause 13.7 (Adjustments fo r

changes in Legislat ion) and Sub-

Clause 13.8 (Adjustments fo r

Changes in Cost) , and

i i. The reduction (if any) in the va lue

to the Employer of the var ied

works, taking account of any

reductions in qualit y, ant icipated

life or operationa l e ffic ienc ies.

13.3 Variat ion Procedure

If the Engineer requests a proposal, prior to instructing a Variat ion, the Contrac tor sha ll respond in wr iting as soon as p racticable, either by giving reasons why he canno t comply (if this is the cause) or b y submitting:

a) A descript ion of the proposal work to

be perfo rmed and a p rogramme for it s

executio n,

b) The contractor’s proposal for any

necessary modificat ions to the

programme according to Sub-Clause

8.3 (Programme) and to the Time fo r

Completion, and the Contractor’s

proposal for evaluat ion of the

Variat ion.

13.4 Payment in Applicable Currencies

NOT APPLICABLE

13.5 Provisional Sums

NOT APPLICABLE

13.6 Day work

For work of a minor o r incidenta l nature, the Engineer may instruct that a variat ion sha ll be execu ted on a day work basis. The work shall then be valued in accordance with the Day work Scheduled Inc luded in the Contract and the following p rocedure shall apply.

Before ordering Goods for the work, the Contracto r sha ll submit quotations to the Engineer. When applying fo r payment, the Contracto r shall submit invoices, vouchers and accounts or receipts fo r any Goods.

Except, for any items fo r which the day work Schedule spec ifies that payment Is not due, the Contractor shall deliver each da y to the Engineer accurate statements in duplicate which sha ll include the following deta ils of the resources used in execut ing the previous day’s work:

(a) the names, occupations and time of Contractor’s Personnel

(b) the ident if icat ion, t ype and time of Contractor’s Equipment and Temporary Works, and

(c) the quant it ies and t ypes o f

Plant and materials used.

Condit ions of Contract fo r Construction One copy o f each s tatement will, if correct, or when agreed, be signed b y the Engineer and returned to the Contracto r. The Contractor shall then submit priced statement under Sub-Clause 14.3 [Applicat ion for Inter im Payment Cert if icates).

13.7 Adjustments for Changes in Legis lat ion

The Contract Pr ice shall be ad justed to take account o f any increase or decrease in Cost resu lt ing from a change in the Laws of the Country ( inc luding the introduction of new Laws and the repeal or modification o f exist ing Laws) or in the judicia l or officia l governmenta l interpretation of such Laws, made after the Base date, which affect the Contracto r in the perfo rmance o f obligat ions under the Contract.

If the Contractor suffers (o r will suffer) dela y and/or incurs (or will incur) additional Cost as a resu lt o f these changes in the Laws or in such interpretations, made after the Base Data, the Contractor shall give not ice to the Engineer and shall be ent it led sub jects to Sub-Clause 20.1 [Contractor’s Cla ims] to:

a) an extension of time for any such delay,

if completion is or will be delayed under

Sub-Clause 8.4 [ Extension of Time

for Completion], and

b) payment of any such Cost, which shall be

included in the Contract Price.

13.8 Adjustments for changes in cost

The amount pa yable to the contracto r and valued at base prices in accordance with the payment Schedule shall be adjusted for r ises o r falls in the cost of Labour and Materia l inpu ts to the Works, by the add ition or deduction of the amounts determined by the formulae prescribed in this Sub-Clause. To the extent that fu ll compensat ion for any rise or fall in costs to the Contracto r is no t covered by the p rovision of this or any other c lause in the Contract, the Contract Price shall be determined to include amounts to cover the cont ingency of such other rise o r fall in costs.

Adjustment Formula : The Pr ice Adjustment factor sha ll be determined in general by the following formula.

Increase or decrease in the cost of Labour, and materia l shall be ca lcu lated quarterly. The fir st statement o f price adjustment shall be prepared at the end o f three months in which the work was awarded and the work done from the date of start to the end o f this per iod shall be taken into account. For subsequent statement, cost of work done during ever y quarter shall be taken into account. At the complet ion of work, the work done during the last quarter or fraction, thereof, shall be taken into account. For the purpose o f reckoning the work done during m y per iod, the bills prepared during the per iod sha ll be considered . The dates of recording measurements in the Measurement Book b y the Engineer’s Representat ive sha ll be the gu id ing factor to decide the bills relevant to any period. The date of complet ion, as f inally recorded by the Engineer’s Representat ive in the Measurement Book, shall be the cr iter ion.

The index re levant to any quarter, for which such compensat ion is pa id, sha ll be the arithmet ica l average o f the indices relevant o f the ca lendar month.

(A) LABOUR VL = 0.75 × PL /100 × R × (1L 1-1L 0)/1 L0 VL = Increase or decrease in the cost of

work during the quarter under considerat ion due to change in rates for labour.

R = The value of the work done in rupees during the quarter under considerat ion excluding the cost of mater ials supplied b y the department and other items as ment ioned in this Clause.

1L 1 = The fina l price for labour which is average consumer price index for industria l workers (wholesa le price for the quarter o f ca lendar year under consideration) as

published in Reserve Bank of India Journa l for the c ity o f Sr inagar/Jammu or for the area

PL = Percentage of labour components which is 25% of total cost of work.

(No te: In case of revision o f minimum wages by the Government or other competent authorit y, nothing extra would be payab le except the price escalat ion permissible under the Clause).

(B) Material :

VM = 0.75 × PM /100 × R × (1M 1-1M 0)/1 M 0 VM = Increase or decrease in the cost

during the quarter under consideration due to change in rates of materia l.

R = The value of the work done in rupees during the quarter under considerat ion excluding the cost of mater ials supplied b y the department.

1M 0 = The base price fo r bitumen which is average wholesale price Index (a l l commodities) as pub lished in Reserve Bank of Ind ia Journa l.

1M 1 = The final price fo r mater ial which is average wholesale price index (a l l commodities) for the quarter under considerat ion as published in Reserve Bank of India Journal.

PM = Percentage of materia l components which is 75% of total cost of work.

Base, Current and Provisional Ind ices: The base cost and ind ices or prices sha ll be those prices of the quarter preva iling on the day 28 days p rio r to the latest date for submission of Bid. Current ind ices or prices shall be those prevailing on the quarter for which a part icular Interim payment Cert ificate is related. If at any time the current indices are not ava ilable, no provis iona l escalat ion will be payab le on the basis o f ind ices of the previous quarter in absence o f non-pub licat ion of

indices for concerned quarter b y the RBI. Escalat ion amount will be payable to the contracto r when the current indices become availab le.

Weight ing o f Component : The weight ings for Labour, and other mater ia l component shall be 25% and 75% respective ly.

Adjustable Amount : The ad justable amount of each Inter im Payment Certif icate sha l l be the d ifference between

(i) the amount which, in the opinion

of the Engineer, shall be due to

the Contractor pu rsuant to Clause

13.7 inc luding the amount at base

rates and prices o f the scheduled

work carried out and the value of

materia ls on site, and

(ii) the amount as calcu lated in ( i)

above and included in the las t

preceding Inter im Payment

Cert if icate issued by the

Employer’s Representat ive. The

adjustab le amount shall exc lude

payments to nominated Sub-

Contractors and any other

amounts based upon actua l cost or

current p rices.

Contract Price and Payments 14.1 The Contract Price

Unless o therwise stated in the Part icu lar Cond itions:

a) the Contract Pr ice shall be agreed or

determined under Sub-Clause 12.3.

[Evaluat ion] and be sub ject to

ad justments in accordance with the

Contract ;

b) any quant ities which ma y be set ou t

in the Bill of Quant it ies o r other

Schedu le are est imated quantit ies

and are not to be taken as the actua l

and co rrect quant it ies :

i. of the Works which the Co ntracto r is

requ ired to execute, or

i i. for the purposes of Clause 12

[Measurement and Evaluat ion]; and

d) The Contracto r sha ll submit to the

Engineer, within 28 days after the

Commencement Date, a proposed

breakdown o f each lump sum price in

the Schedu les. The Engineer ma y

take account of the breakdown when

preparing Pa yment Cert if icates, bu t

shall no t be bound b y it .

14.2 Advance payment

The Employer shall make an advance payment, (with interest rate as ment io ned in part icular cond itions of contract) for mobilizatio n, when the Contractor submits a guarantee from a reputed Bank in accordance with this Sub-Clause. The tota l advance payment, the number and timing of installments (if more than one), and the applicab le currencies and proportions, sha l l be as stated in the Part icular condit ions of Contract. Unless and until the Employer rece ives this guarantee, or if the total advance payment is not stated in the Part icular condit ions of Contract, this Sub-Clause shall no t apply. The Engineer shall issue an Interim payment Cert if icate for the f irst insta lment after receiving a Statement (under Sub-

14.3 Applicat ion for Inter im Cert if icates

Clause 14.3 [App licat ion for Interim Payment Certif icates] and after the Employer receives ( i) the Per formance Securit y in accordance with Sub-Clause 4 .2 [Performance Securit y] and (ii) a guarantee in amounts and currenc ies equal to the advance payment. This guarantee sha ll be issued by RBI approved Nationa lized bank and shall be in the form annexed to the Particular Condit ions or in another form approved by the Emplo yer. The contractor shall ensure that the guarantee is valid and enforceab le unt il the advance payment has been repaid, . If the terms o f the guarantee specify it s exp iry date, the Contractor shall extend the va lidit y of the guarantee until the advance payment has been repaid . The advance pa yment shall be repaid through proportiona l deductions in the interim Payment Certif icates. The deductions shall be made at the amortizatio n rate stated in the particu lar condit ions of contract. If the advance payment has no t been repaid prior to the issue o f taking over cert if icate or prio r to the terminat ion of the contract , the who le of the balance a long with the interest shall immediate ly become due and payab le by the contracto r to the Employer. The contractor shall submit a Statement in three copies to the Engineer after the end of each month, in a form approved by the Engineer, showing in deta il the amounts to which the contractor considers himself to be ent itled, together with supporting documents which sha ll include the report on the progress during this month in accordance with Sub-Clause 4.21 [Progress Reports] The Statement shall include the fo llowing items, as applicable, which shall be expressed in the var ious cu rrencies in which the Contract Pr ice is payable, in the sequence listed :

4 .4 Schedule o f Payments

(a) the establishment contract value of the Works executed and the Contracto r’s Documents produced up to the end of the month ( including variat ions but exc luding items descr ibed in sub- paragraphs (b) to (g) below); (b) any amounts to be added and deducted for changes in legislat ion and changes in cost, in accordance with Sub-Clause 13.7 [Adjustments for Changes in Legislatio n] and Sub-Clause 13.8 [Adjustments for Changes in cost ] (c) any amount to be deducted for retent ion, ca lculated by applying the percentage of retent ion stated in the Particular condit ions of the contract to the total o f the above amounts, unt il the amount so retained by the Employer reaches the limit of Retent ion Mone y (if any) stated in the Particular condit ions of Contract; (d) any amount to be added and deducted

for the advance payment and repayments in accordance with Sub-Clause 14.2 [Advance pa yment]:

(e) any amount to be added and deducted for plant and mater ials in accordance with Sub-Clause 14.5 [Plant and Materia ls intended fo r the Works]

(f) any other additions or deductions which may have become due under the Contract or otherwise , inc luding those under Clause 20 [Claims, Dispu tes and Arb itratio n] : and

(g) the deduction of amounts cert if ied an all previous Payment Cert ificates.

If the Contract inc ludes a schedule of payments spec ifying the insta llments in which the Contract Pr ice will be paid, then unless otherwise stated in this schedu le:

14.6 Inter im Payments

(a) the installments quo ted in this schedule of payments shall be est imated contract va lues for the purposes of sub-paragraph (a) of Sub-Clause 14.3 [Applicatio n for Interim payment Certif icates]:

(b) Sub-Clause 14.5 [Plant and Materials intended fo r the Works] sha ll no t apply; and

(c) if these insta llments are not defined by reference to the actual progress achieved in execut ing the Works, and if actual progress is found to be less than that on which this schedule o f payments was based, then the Engineer may processed in accordance with Sub -Clause 3.5 [Determinat ions] to agree or determine revised inst ilments which shall take account o f the extent to which progress is less than that on which the insta llments were previously based.

If the Contract does not include a schedule of payments, the Contractor shall submit non-b inding est imates o f the payments which he expects to become due during each quarterly per iod. The first est imate shall be submitted within 42 days after the Commencement Date. Revised est imates shall be submitted at quarterly intervals, until Taking-Over Certified has been issued for the Works. No amount will be certified or paid until the Employer has received and approved the Performance Security. Thereafter, the Engineer shall, within 28 days after receiving a Statement and supporting document, issue to the Employer an interim Payment Certificate which shall state the amount which the Engineer fairly determines to be due, with supporting particulars. However, prior to issuing the Taking-Over Certificate for the Works, the Engineer shall not be bound to issue and Interim Payment Certificate in an amount which would ( after retention and other

deductions) be less than the minimum amount of Interim Payment Certificates (if any) stated in the Particular conditions of tender. In this event, the Engineer shall given notice to the Contractor accordingly. An Inter im Pa yment Cert ificate sha ll not be withheld fo r any other reason, although: (a) if anything supplied or work done b y

the Contractor is no t in accordance with the Contract, the cost o f rect ificat ion or replacement may be withheld unt il r ect ificat ion or rep lacement has been completed: and/or

(b) if the Contractor was or is fa iling to perfo rm any work o r ob ligat ion in accordance with the Contract, and had been so no tif ied by the Engineer, the va lue of this work or obligat ion ma y be withheld unt i l the work or ob ligat ion has been perfo rmed.

The Employer shall pay to the Contractor: (a) the f irst ins tallment o f the advance

payment within 42 days a fter issu ing the Letter of Acceptance or within 21 days a fter rece iving the documents in accordance wit h Sub-Clause 4.2 [Performance Securit y] and Sub-Clause 14.2 [Advance payment], whichever is later;

(b) the amount cert ified in each Interim payment Cert if icate within 56 days after the Engineer receives the Statement and supporting documents ; and

(c) the amount cert if ied in the Fina l payment Cert if icate within 56 days a fter the Employer receives this payment Cert if icate.

Payment of the amount due in each cu rrency shall be made into the bank account nominated by the Contractor, in the payment country ( fo r this currency)

14.8 Delayed Pa yment 14.9 Payment of Retent ion Money !4.10 Statement of complet ion

spec ified in the Contract. If the contractor does not receive payment in accordance with Sub -Clause 14.7 [payment], the Contractor sha ll be ent it led to receive f inancing charges compounded monthly on the amount u npaid during the period of delay. This period shall be deemed to commence on the date for payment specified in Sub-Clause 14.7 [Payment] irrespect ive ( in the case of its sub-paragraph (b )) of the date on which any Inter im payment Cert if icate is issued. Unless otherwise stated in the part icu lar , these f inancing charges shall be calcu lated at the annual rate of three percent . The contractor sha ll be ent it led to this payment without formal no tice or cert if icat ion, and without prejud ice to any other right or remedy. “On completion of the whole o f the works 50% of the Retent ion Money sha ll be released to the Co ntractor on cert ificat ion by the Engineer. Balance 50 % shall be released after the defect liabilit y per iod provided all notif ied defects have been rect if ied by the contracto r to the sat isfact ion o f the Engineer. The contractor shall have a preference to claim for balance 50% of the retent ion money after completion of the work against a bank guarantee valid fo r a period upto the end of defect liability period p lus 21 days. The Emplo yer shall retu rn this guarantee to the Contractor within 21 days a fter receiving a copy of the Per formance Cert if icate issued by the Engineer a fter the completion of defect liab ilit y period. Within 84 days a fter receiving the Taking-Over Certif icate fo r the Works, the Contractor shall submit to the Engineer six, copies of a Statement at completion with

14.11 Applicat ion for Final Payment

supporting documents, in accordance with Sub-Clause 14.3 [Applicat ion for Interim payment Cert ificates], showing; (a) the value of all wo rk done in

accordance with the Contract up to the date stated in the Taking-Over Cert if icate for the Works,

(b) any further sums which the Contractor considers to be due, and

(c) an est imate of any o ther amounts which the Contracto r considers wil l become due to him under the Contract. Est imated amounts shall be shown separately, in this Statement at completion.

The engineer shall then cert ify in accordance with Sub-Clause 14 .6 [Issue of Inter im Payment Cert if icates] Within 56 days after receiving the Performance Cert ificate, the Contractor shall submit to the Engineer, three cop ies of a draft final statement with supporting documents showing in detail in a form approved by the Engineer : (a) the value of all work done in accordance with the contract, and (b) any further sums which the Contractor considers to be due to him under the Contract or otherwise. If the Engineer disagree with o r canno t verify any part of the d raft f ina l statemen t, the Contractor shall submit such fu rther informat ion as the Engineer ma y reasonably require shall make such changes in the d raft as ma y be agreed between them. The Contractor shall then p repare and submit to the Engineer the f ina l statement as agreed. This agreed statement is referred to in these Condit ions as the “Final Statement” However if, following discussions between the Engineer and the Contractor and any changes to the draft final statement which are agreed, it becomes evident that a

14.12 Discharge 14.13 Final Payment cert if icate

dispute exists, the Engineer sha ll deliver to the Emplo yer (with a copy to the Contractor) an Inter im Paymnet Cert if icate for the agreed parts of the draft f ina l statement. Thereafter , if the dispute is f inally reso lved under Sub-Clause 20.4 [Obtaining Dispute Adjudicat ion Board Decis ion] or Sub-Clause 20.4 [Obtaining Dispu te Adjudicatio n Board’s Decis ion] or Sub-Clause 20.5 [Amicab le Settlement], the Co ntracto r sha ll then p repare and submit to the Employer (with a copy to the Engineer) a Final Statement. When submitting the Fina l S tatement, the Contractor shall submit a wr itten discharge, which confirms that the to tal of the Fina l Statement represents full and final settlement of a ll moneys due to the Contractor under or in connec tion with the Contract. This discharge ma y state that it become effect ive when the Contractor has received the Per formance Securit y and the outstanding balance of this to tal, in which event the discharge sha ll be effect ive on such date. Within 28 days a fter rece iving the Fina l Statement and written discharge in accordance with Sub-Clause 14.11 [Applicatio n for Final Payment Cert if icate ] and Sub-Clause 14.12 [Discharge], the Engineer shall issue, to the Employer, the Fina l Payment Cert if icate which sha ll state: (a) the amount which is f inally due, and (b) after giving credit to the Employer for all amounts previously paid b y the Employer and for all sums to which the Employer is ent itled, the balance ( if any) due from the Emplo yer to the Contractor or from the Contractor to the Employer, as the case ma y be.

14.14 Cessat ion o f Employer’s Liability

The Emplo yer shall not be liab le to the Contractor fo r any mat ter or thing under or in connect ion with the Contract or execution of the Works, except to the extent that the Contracto r sha ll have inc luded an amount expressly for it :

(a) in the Final Statement and also (b) (excep t for matters o r things ar ising

after the issue of the Taking-Over Cert if icate fo r the Works) In the Statement at completion descr ibed in Sub- Clause 14.10 [Statement a t Completion]

However, this Sub -Clause shall not limit the Emplo yer’s liabilit y under his Ident ificat ion obligat ions, o r the Employer’s liab ilit y in any case of fraud , deliberate default or reckless misconduct by the Employer.

14.15 Currencies of Payment

The Contract Price sha ll be paid in the Indian rupees.

:

15 Termination by Employer

15.1 Notice to Correct

If the contractor fails to carry out any obligat ion under the Contract, the Engineer ma y by not ice require the Contractor to make good the failure and to remedy it within a specified reaso nab le t ime.

15.2 Terminat ion by Employer

The Emplo yer sha ll be ent it led to terminate the Contract if the Contractor:

(a) fails to comply with Sub-Clause 4.2 [Performance Securit y] or with a no tice under Sub-Clause 15.1 [Notice to Correct]

(b) abandons the Works or o therwise pla inly demonstrates the intent ion no t to cont inue performing of his obligat ions under the Contract,

(c) without reasonab le excuse fails :

( i) to proceed with the Works in accordance with Clause 8 [Commencement, Delays and Suspension], or

( ii) to comply with a not ice issued under Sub- Clause 7.5 [Reject ion] or Sub-Clause 7.6 [Remedial Work], within 28 days after receiving it ,

(d) subcontracts the whole of the Works or ass igns the Contract without the requ ired agreement

(e) becomes bankrupt or inso lvent, goes into liquidation, has a rece iving or adminis trat ion order made against him, compounds with his creditors, or carries on business under a receiver, trustee or manager for the benefit of his creditors, or if any act is does or event occurs which (under applicab le Laws) has a s imilar effect to any of these acts or events, or

(f) gives or offer s to give (direct ly or indirect ly) to any person any bribe, gift , gratu ity commission or other thing of va lue, as an inducement or reward :

( i) for doing or forbearing to do any act ion in relation to the Co ntract, o r

( ii) for showing or forbearing to show favour or disfavor to any person in relation to the Contract.

Or if any o f the Contracto r’s Personnel, agents or Subcontractors gives or offers to give (direct ly o r indirect ly) to any person any such inducement o r reward as is described in this sub-paragraph ( f) . However, lawfu l inducements and rewards to Contracto r’s Personnel sha ll not entit le terminat ion.

Any of these events o r circumstances, the Employer ma y, upon giving 14 days not ice to the Contractor, terminate the Contract

and expel the Contractor from the site. However, in the case of sub -paragraph (e) or (f) , the Employer may b y not ice terminate the Contract immedia tely. The employer’s e lect ion to terminate the Contract shall not prejudice any other r ights o f the Emplo yer, under the Contract or otherwise.

The contractor shall then leave the S ite and deliver any required Goods, al l Contractor’s Documents, and other design documents made by or for him, to the Engineer. However, the Contractor sha l l use his best e fforts to comply immediatel y with any reasonab le instruct ion inc luded in the notice ( i) for the assignment of any subcontract, and ( ii) for the protection of life or property or for the safet y of the Works.

After terminat ion, the Emplo yer ma y complete the Works and /or arrange for any other ent it les to do so. The Employer and these ent it les may then use na y Goods, Contractor’s Documents and other documents made by or on behalf of the Contractor.

The Emplo yer shall then give notice that the Contractor’s Equipment and Temporary Works will be released to the Contracto r at or near the Site. The Contractor sha l l promptly arrange their removal, at the r isk and cost o f the Contractor. However, if b y this t ime the Contractor has failed to make a payment due to the Employer, these items ma y be sold by the Employer in order to recover this payment. Any balance of the proceeds sha ll be paid t the Contractor.

15.3 Valuation at Date of Terminat ion

As soon as pract icable after a not ice of terminat ion under Sub-Clause 15.2 [ terminat ion b y Emplo yer] has taken effec t, the Engineer shall p roceed in accordance with Sub-clause 3.5 [Determinat ions] to agree or determine the va lue of the Works Goods and Contractor’s Documents, and any o ther sums due to the Contractor for work executed in accordance with the Contract.

15.4 Payment a fter Terminatio n

After a no tice of terminat ion under Sub-Clause 15 .2 [terminat ion by Employer ] has taken effect, the Employer may:

a) proceed in accordance with Sub-Clause 15.2 [Employer’ s Claims]

b) withho ld fu rther payments to the

Contractor unt il the costs of execution, complet ion and remedying of nay defects, damages for delay in completion (if any), and all other costs incurred b y the –Employer, have been established and /o r

c) Recover from the Contracto r any

losses and damages incurred by the Employer and any extra costs of completing the Works, after a llowing for any sum due to the Contractor under Sub-Clause 15.3 [Valuation a t Date of Terminat ion]. After recovering any such losses, damages and extra costs, the Employer sha l l pay any balance to the Contractor.

15.5 Employer’s Ent it lement to Terminat ion

The Emplo yer sha ll be ent it led to terminate the Contract, at any t ime for the Employer’s convenience, b y giving not ice of such terminat ion to the Contracto r. The terminat ion shall take e ffect 28 days a fter the later of the dates on which the Contractor rece ives the no tice or the Employer returns the Per formance Security. The Emplo yer shall no t terminate the Contract under this Sub-Clause in o rder to execute the Works himself to arrange for the Works to be executed by another contracto r.

16 Suspension and Termination by Contractor

16.1 Contractor’s Entit lement to Suspend Work

If the Engineer fails to cert ify in accordance with Sub-Clause 14 .6 [Issue of interm payment Certif icates] or the Employer fails to comply with Sub-Clause 2.4 [Employer’s Financial Arrangements]

or Sub-Clause 14.7 [payment], the Contractor may, after giving not less than 21 days not ice to the Employer, suspend work (or reduce the rate of work) unless and until the Contractor has received the Payment Cert if icate, reasonable evidence or payment, as the case may be and as described in the no tice.

The Contractor’s act ion shall not prejudice his ent it lements to financ ing charges under Sub-Clause 14.8 [Delayed Payment] and to terminat ion under Sub-Clause 16.2 [Terminat ion by Contracto r].

If the Contracto r subsequently receives such payment Cert if icate, evidence or payment (as descr ibed in the relevant Sub-Clause and in the above no t ice) before giving a notice of terminat ion, the Contractor sha ll resume normal working as soon as is reasonably p racticable

If the Contractor suffer s delay and /or incures Cost as a result of suspending work (or reducing the rate o f work) in accordance with this Sub-Clause, the Contractor shall give notice to the Engineer and shall be entit led sub ject to Sub-Clause 20.1 [Contractor’s Cla ims] to:

a) an extensio n of time for any such delay, if complet ion is or will be delayed under Sub-Clause 8.4 [Extension of T ime for Completio n] and

b) payment of any such cost p lus

reasonable profit , which shall be inc luded in the Contract Price.

After receiving this not ice, the Engineer

shall p roceed in accordance with Sub-Clause 3.5 [Determinat ions] to agree or determine these matters.

16.2 Terminat ion by Contractor

The Contractor shall be ent it led to terminate the Contract if:

(a) the Contractor does not receive the reasonab le evidence within 42 days

after giving notice under Sub-clause 16.1 [contractor’s Ent it lement to Suspend Work] in respect of a failure to comply with Sub-Clause 2.4 [Employer’ s Financial Arrangements]

(b) the Engineer fa ils, within 56 days after receiving a Statement and supporting documents, to issue the relevant Payment Cert if icate,

(c) the Contractor does not receive the amount due under an inter im Payment Cert if icate within 42 days after the expir y of the t ime stated in Sub-Clause 14.7 [payment] within which payment is to be made (except for deductions in accordance with Sub-Clause 2.5 [Emplo yer’s Claims]

(d) the employer subsequent ly fails to perfo rm his obligat ions under the Contract

(e) the Emplo yer fails to comply with Sub-Clause 1 .6 [Contract Agreement or Sub-Clause 1.7 [Assignment]

(f) a prolonged suspension affects the who le of the Works as described in Sub-Clause 8.11 [Prolonged Suspension] or

(g) the Employer becomes bankrupt or insolvent, goes into liquidation has receiving or administrat ion order made aga inst him, compounds with his receiving or carries on business under a rece iver, trustee or manager for the benefit o f his creditors, o r if any act is done o r event occurs which (under applicable Laws) has a similar effect to any of these acts or events.

In any o f these events o r circumstances, the

Contractor ma y, upon giving 14 days’ no tice to the Emplo yer, terminate the Contract. However, in the case of sub-paragraph (f) o r (g) the Contractor may b y no tice terminate the Contract immediately.

16.3 Cessat ion o f work and removal of contractor’s Equipment

The Contractor’s elect ion to terminate the Contract shall not prejudice any other r ights promptly:

(a) cease all further work, except for such work as may have been instructed by

the Engineer for the protection of life o r p roperty or fo r the safety of the Works,

(b) hand over Contractor’s Documents, Plant, mater ials and other work, for which the Contractor has rece ived payment, and

(c) remove all other Goods from the Site, except as necessar y for safety, and leave the Site.

16.4 Payment on Terminat ion

After , a notice of terminat ion under Sub-Clause 16 .2 [Terminat ion by Contractor] has taken effect, the Employer sha l l promptly:

a) return the Performance Securit y to

the Contractor,

b) pay the Contractor in accordance wit h

Sub-Clause 19.6 [Optiona l Terminat ion,

Payment and Release], and

17 Risk and Responsibility

17.1 Indemnit ies

The Co ntracto r sha ll indemnify and hold harmless the Employer, the Emplo yer’s Personnel, and the ir respect ive agents, against and from all cla ims, damages, losses and expenses ( includ ing legal fees and expenses) in respect of:

(a) bodily injury, sickness, disease or death, of any person whatsoever aris ing out of or in the course of or by reason of the Contractors design (if any) the execut ion and completion of the Works and the remedying of any defects, unless attribu table to any negligence, wit ful act of breach of the Contract by the Employer, the Employer’ s Personnel, or any the ir respect ive , and

b) damage to or lo ss of nay property, rea l or personnel (other than the Works), to the extent such damage or loss:

i. arises out or in the course o f b y

reason o f the Contractor’s design ( if any), the execut ion and complet ion of the Works and the remed ying o f any defects, and

i i. is attr ibutable to any negligence,

willful act o r breach of the Contrac t by the Contractor, the Contracto r’s personnel, their respect ive agents, or anyone direct ly or ind irectl y employed by any of them.

The Employer sha ll indemnify and hold

harmless the Contractor, the Contracto r’s Personnel and their respective agents, against and from all cla ims, damages, losses and expenses ( includ ing legal fees and expenses) in respect of (1) bodil y injury s ickness, disease or death, which is attr ibutable to any negligence, willfu l act or breach of the Contract by the Emplo yer, the Employer’s Personnel, or any of their respect ive agents and (2 ) the matter s for which liab ilit y may be excluded from insurance cover, as descr ibed in sub-paragraphs (d)(i), ( ii) and (iii) of Sub-Clause 18.3 [Insurance Against Injury to Persons and Damage to Property]

17.2 Contractor’s Care of the Works

The Contractor sha ll take fu ll respect ivel y for the care of the Works and Goods from the Commencement Date unt il the taking-Over Cert if icate is issued (or is deemed to be issued under Sub-Clause 10 .1 [ taking Over of the Works and Sect ions] for the Works, when responsib ility for the care of the Works shall pass to the Emplo yer. If a Taking-Over Certif icates is issued (or is so deemed to be issued) for any Sect ion or part o f the Works, responsibilit y for the care of the Sect ion o r past shall then pass to the Employer.

After responsibilit y has accord ingly passed to the Emplo yer, the Contracto r shall take responsibilit y for the care o f any work which is outstand ing on the date stated in a taking-Over Cert ificate, unt il this outstanding work has been completed.

If any loss or damage happens to the

Works, Goods o r Contractor’s Document Documents during the per iod when the Contractor is responsible for their care, from any cause not listed in Sub-Clause 17.3 [Emplo yer’s Risks] the Contractor shall rect ify the, loss or damage at the Contractor’s risk and cost, so that the Works, Goods and Contractor’s Documents conform with the Contract.

The Contractor shall be liab le for any loss or damage caused by any actions performed by the Contractor after a Cert if icate has been issued . The Contractor shall a lso be liab le fo r any loss or damage which occurs after a Taking-Over Cert if icate has been issued and which arose from a previous event for which the Contractor was liable.

17.3 Employer’s Risks

The Risks referred to in Sub-Clause 17.4 below are:

a) war, host iles (whether war be declared or no t), invasion act of foreign enemies,

b) rebellion, terrorism ,revo lution,

insurrection, military or usu rped power or civil war, within the country

c) rio t, commotion o r disorder within the

Country by persons other than the Contracto r’s Perso nnel and other employees o f the Co ntracto rs and Subcontractors,

d) Munit ions of war, explosive mater ials ,

ionizing radiat ion or contaminat ion b y radioactivit y, within the Countr y except as may be attr ibuted to the Contracto rs use of such munit ions, exp losive, radiat ion or radioactivity.

e) pressu re waves caused by a ircraft or

other aer ial devices travelling a t

sonic or supersonic speeds.

f) use o r occupation by the Emplo yer o f any part o f the Permanent works, except as may be spec ified in the Contract,

g) design of any part of the Works by the

Employer’s Personnel o r by others for whom the Employer is responsible, and

h) any operation of the fo rces of nature

which is Unforeseeab le or against which an exper ienced contractor cou ld not reasonab ly have been expected to have taken adequate prevent ion p recautions

17.4 Consequences of Employers Risks

If and to the extent that na y o f the risks listed in Sub -Clause 17.3 above results in loss o r damage to the Works, Goods or Contractor’s Documents, the Contractor shall promptly give not ice to the Engineer and shall rect ify this loss o r damage to the extent required by the Engineer.

If the Contractor suffer s delay and /or incurs Cost from rect ifying this lo ss or damage the Contractor sha ll give a fu rther no tice to the Engineer and shall be ent it led subject to Sub-Clause 20 .1 [Contracto rs’ Claims] to;

a) an extensio n of time for any such delay, if complet ion is or will be delayed under Sub-Clause 8.4 [Extension of Time for Completion], and

b) payment of any such Cost, which

shall be included in the Contrac t Price in the case of sub-paragraphs (f) and (g) o f Sub Clause 17.3 [Employer’ s Risks reasonable profit on the Cost shall also be included.

After receiving this further notice, the

Engineer shall p roceed in accordance with Sub , Clause 3.5 [Determinat ions] to agree or determine these matters.

17.5 Limitat ion of Lit igatio n 18.0 Insurances

Neither Neither party shall be liable to the other Party fo r loss of use o f any Works, loss of profit , lo ss of na y contract or fo r any indirect or consequentia l loss or damage which ma y be suffered by the other Party in connect ion with the Contract, other than under

18.1 General Requ irements fo r Insurance

In this c lause, ‘ Insur ing party’ means, fo r each type o f insurance, the Part y responsible for effect ing and mainta ining the insurance spec ified in the re levant Sub-Clause.

Wherever the Contractor is the Insuring Party, each insu rance shall be affected with insurers and in terms approved b y the Employer. These terms shall be consistent with any terms agreed by both Part ies before the date o f the Letter of Acceptance. This agreement of terms shall take precedence over the provis ions of this Clause.

Wherever the Emplo yer is the insuring Party, each insu rance shall be effected with insurers and in terms co nsistent with the details annexed to the particu lar condit ions.

If a policy is required to indemnify joint insured, the cover shall app ly separate ly to each insu red as though a separate po licy had been issued for each of the joint insured. If a policy indemnified additional joint insu red, namely in add ition to the insu red specified in this Clause, ( i) the contractor shall act under the policy on behalf of these additional jo int insured excep t that the Employer shall act fo r Emplo yer’s Personnel, ( ii) additiona l joint insured shall not be ent it led to receive payment direct ly from the insurer or to have any other direct dealings with the insurer, and ( iii) the insu ring Part y shall require all additiona l joint insu red to comply with the condit ions stipulated in the po licy.

Each po licy insu ring against loss or damage shall provide for payments to be made in the currencies required to rectify the loss or damage. Payments rece ived from insurers shall be used for the rect if icat io n of the loss or damage.

The re levant insuring Party shall, within the

respective periods stated in the Particular condit ions of Contract (calculated from the Commencement Date), Submit to the other Party:

a) evidence that the insurances described in this Clause have been effected , and

b) copies of the polic ies for the insurances

described in Sub-Clause 18.2 [Insurance for works and Contrac tor’s Equipment] and Sub-Clause 18.3 [Insu rance against injury to Persons and Damage to Property].

When each premium is paid , the insuring Part y

shall submit evidence of payment to the other Party. Whenever evidence or policies are submitted , the insuring Part y shall also give not ice to the Engineer.

Such Part y sha ll comply with the condit ions st ipu lated in each of the insurance policies. The insu ring Party shall keep the insures info rmed of any re levant changes to the execution of the Works and ensure that insurance is maintained in accordance with the Clause

Neither Party shall make any mater ial a lternation to the terms of any insurance without the prior approval of the o ther Part y. If an insurer makes (or attempt to make) any alterat ion, the Party f irst notif ied by the insurer shall promptly give notice to the o ther Part y.

If the insuring Part y fails to e ffect and keep in fo rce any of the insurances it is required to effect and mainta in under the Contract, or fails to provide sat isfactory evidence and copies of po licies in accordance with his Sub - Clause, the o ther Party may (at it s option and without prejud ice to any other r ight or remedy) effect insu rance fo r the relevant coverage and pay the premiums due. The insu ring Party shall pay the amount of these premiums to the o ther Part y, and the Co ntract Pr ice shall be adjusted accordingly.

Nothing in the Clause limits the obligat ions, liab ilit ies or responsib ilit ies of the Contractor or the Employer, under the other terms of the Contract or o therwise. Any amounts not insu red or not recovered from the insurers shall be come by the Contracto r and/or the Employers in accordance

with these obligat ions, liabilit ies or responsibilit ies. However, if the insu ring Part y fa ils to effect and keep in force an insurance which is ava ilable and which it is required to effect and maintain under the Contract, and the other Party neither approves the omission nor effects insu rance fo r the coverage relevant to this defau lt, any moneys which should have been recoverable under this insurance sha ll be paid by the insuring Part y.

Payments by one Part y to o ther Part y shall be sub ject to Sub-Clause 2.5 [Employer’s Cla ims] or Sub-Clause 20.1 [Contractor’s Cla ims], as applicab le.

18.2 Insurance for Works and Contractor’s Equipment

The insuring Part y sha ll insu re in Works, Plant, Materia ls and Contractor’s Documents for not less than the full re instatement cost including the cost of demolit ion, removal of debris and p ro fessional fees and p ro fit . This insu rance shall be effect ive from the date by which the evidence is to be submitted under sub-paragraph (a) of Sub-Clause 18.1 [General Requirements fo r Insu rances], unt il the date of issue of the Taking-Over Certif icate for the works.

The Insuring party sha ll insure the Contractor’s Equipment for not less than the full replacement values, inc luding deliver y to Site. For each item of Contractor’s Equipment the insurance shall be effect ive while it is being transported to the s ite and unt il i t is no longer requ ired as Contractor’s Equipment.

Unless otherwise stated in the Particular Condit ions, insurances under this Sub-Clause.

a) Shall be in the joint names of the Parties, who shall be jo int ly ent it led to rece ive payments from the insurers, payments being he ld o r allocated between the Par ties fo r the so le purpose of rectifying the loss or damage.

b) Shall cover a ll lo ss and damage from

any cause not listed in Sub -Clause 17.3 [Employer’s Risks].

c) Shall a lso cover loss or damage to a part of the works which is attr ibutable to the use or occupation by the Employer of another part of the Works, and loss or damage from the r isks listed in sub-paragraphs © (g) and (h) of Sub- Clause 17.3 [Employer’s Risks], exc luding (in each case) risks which are not insurable at commercially reasonable terms, with deductibles per occurrence of no t more than the amount stated in the Appendix to Tender ( if an amount is not so stated, this sub-paragraph (d ) sha ll not apply), and

d) may however exclude loss of, damage

to, and reinstatement o f:

(i) a part of the Works which is in a

defect ive condit ion due to a defect in its design, mater ials or workmanship (but cover shall inc lude any o ther parts which are lost or damaged as a direct resu lt of this defect ive condit ion and not as described in sub-paragraph (ii) below).

(ii) a part of the works which is lost or

damaged in order to reinstate any o ther part of the Works if this other part is in a defect ive condit ion due to a defect in its design, mater ials or workmanship .

(iii) a part of the Works which has been

taken over by the Employer, except to the extent that the Contractor is liable fo r the loss o r damage, and

(iv) Goods while they are not in the Country, subject to Sub-Clause 14.5 [Plant and Materia l intended for the Works].

If, more than one year a fter the Base Date, the

cover descr ibed in sub-paragraph (d) above ceases to be available at commerc ially reasonable terms, the Contractor sha ll (as insuring Part y) give not ice to the Employer, with supporting particulars. The Employer sha ll then ( i) be ent it led subject to Sub-Clause 2.5 [Employer’s Claims] to payment of an

amount equiva lent to such commerc ially reaso nable terms as the Contractor should have expected to have paid for such cover, and (ii) be deemed, unless he obtains the cover at commercia lly reasonable terms, to have approved the omissio n under Sub -Clause 18 .1 [General Requirements for Insurances. ]

18.3 Insurance against Injur y to Personal and Damage to Property

The insuring Party shall insure against each Part y’s liab ilit y for any loss, damage, death or bod ily injury which ma y occur to any physica l property (except things insu red under Sub-Clause 18.2 [Insurance for Works and Contracto r’s Equipment] or to any persona (except persons insured under Sub-Clause 18.4 [Insurance for Contractor’s Personnel). Which ma y ar ise out of the Contracto r’s performance of the Contract and occurring before the issue of the Performance Certif icate.

This insurance shall be fo r a limit per occurrence of not less than the amount stated in the Particular condit ions of Contract, with no limit on the number of occurrences. If an amount is no t stated in the Particular cond it ions o f Contract, this Sub -Clause shall not apply.

Unless otherwise stated in the Particular Condit ions, the insurances spec ified in this Sub -Clause:

a) shall be e ffected and maintained by the Contracto r as insuring Part y,

b) all be in the jo int names of the Parties,

c) shall be extended to cover liabilit y fo r all

loss and damage to the Emplo yer’s property (except things insured under Sub-Clause 18.2) aris ing ou t of the Contracto r’s performance of the Contract, and

d) may however exc lude liabilit y to the extent

that it ar ises from:

i. the Employer’ s r ight to have the Permanent

works executed on, over, under in or through any land , and to occupy this land for the Permanent Works,

i i. damage which is an unavoidable resu lt o f the

Contracto r’s ob ligat ions to execute the Works and remed y any defects, and

i i i. a cause listed in Sub-Clause 17 .3

[Employer’s Risks], except to the extent that cover is available at commercially reasonable terms.

18.4 Insurance fo r Contractor’s Personnel

The Contractor sha ll e ffect and mainta in insu rance liab ilit y for claims damages, losses and expenses (including legal fees and expenses) ar ising from injury s ickness, disease o r death of any person employed by the Contractor or any o ther of the Contracto r’s Personnel.

The Employer and the Engineer shall also be indemnified under the policy of insurance, except that this insurance may exclude losses and c laims to the extent that they ar ise from any act or neglect of the Employer o r o f the Employer’s Personnel.

19.0 Force Majeure 19.1 Definit ion of Force Majeure

In the Clause, “Force Majeure” means an exceptional event o r circumstance :

a) which is be yond a Party’s control,

b) which such P arty could not reasonab ly have provided aga inst before enter ing into the Contract,

c) which, having ar isen, such Party could not

reasonab ly have avoided or overcome, and

d) which is no t substant ially attr ibu table to

the other Party.

Force Majeure may inc lude, but is not limited to exceptional events or circumstances of the kind listed below, so long as cond it ions (a) to (d ) above are sat isfied

i. war, host ilit ies (whether war be dec lared or not) , invasion, act o f fore ign enemies,

i i. rebellion, terro rism, revolution, insurrection,

militar y or usurped power, or civil war,

i i i. not, commotion, disorder, strikeor lockout by persons other than the Contracto r’s Personnel and other emplo yees of theContractor and Sub-Contractors.

iv. Munit ions of war, explosive mater ials,

lonis ing radat ion or contaminat ion b y ratio-activity, except as ma y be attr ibutable to the Contractor’s use o f such munitio ns, explosives, radiat ion or radio -activity, and

v. natural catastrophes such as earthquake,

hurricane, t yphoon or volcanic act ivit y.

19.2 Notice of Force Majeure

If a Part y is or will be p revented from performing any of it s obligat ions under the contract by Force Majeure, then it sha ll give no t ice to the other Party of the event or circumstances const ituting the Force Majeure and shall specify the obligat ions, the performance of which is or will be prevented. The notice shall be given within 14 days a fter the Party became aware, or should have become aware of the relevant event or c ircumstance constituting Force Majeure.

The Part y sha ll, having given notice, be excused performance of such obligat ions for so long as such Force Majeure prevents it from performing them.

Notwithstand ing any other p rovisio n of this Clause, Force Majeure shall no t apply to obligations of either Part y to make payments to the o ther party under the Contract.

19.3 Duty to minimize delay

Each Part y shall at all t imes use all r easo nable endeavours to minimize any delay in the performance of the Contract as a result of force Majeure.

A Part y sha ll give no t ice to the other Party when it ceases to be affected by the Force Majeure.

19.4 Consequences o f Force Majeure

If the Contractor is p revented from performing any of his ob ligat ions under the Contract by Force Majeure of which no tice has been given under Sub-Clause 19.2 [Notice of Force Majeure], and Contracto r shall be ent it led subject to Sub -Clause

20.1 [Contractor’s Claims] to:

a) an extension of time for any such dela y, if complet ion is or will be dela yed , under Sub-Clauses 8.4 [Extension of Time fo r Complet ion], and

` b) if the event or circumstance is of the kind

described in sub-paragraphs ( i) to (iv) of Sub-Clause 19.1 [Definit ion of Force Majeure] and, in the case of sub -paragraphs (ii) to ( iv) , occurs in the Country, payment of any such cost.

After rece iving this not ice, this Engineer shall proceed in according with Sub -clause 3 .5 [determinat ions] to agree or determine these matters.

19.5 Force Majeure Affect ing Subcontracto r

If any Subcontractor is ent it led under any contract or agreement relat ing to the Works to relief from fo rce majeure on terms add itional to or broader than those specified in this c lause, such additiona l or broader force majeure events or circumstances shall not excuse the Co ntracto r’s non-performance or entit le him to relie f under this Clause.

19.6 Optional Terminat ion, Payment and Release

If the execution of substant ially all the Works in progress is prevented fo r a continuous period o f 84 days by reason of Force Majeure of which not ice has been given under Sub-Clause 19.2 [Notice of Force Majeure], o r for multip le periods which to tal more than 140 days due to the same notified Force Majeure, then e ither Part y may give to the other Party a no tice of terminat ion of the Contract. In this event, the terminat ion sha ll take effect 7 days after the notice is given, and the Contractor shall proceed in accordance with Sub-Clause 16 .3 [Cessat ion of Work and Removal of Contractor’s Equipment].

a) Upon such terminat ion, the Engineer shall determine the value of the work done and issue of Payment Cert if icate which shall include.

b) the amounts payab le for any work carried

out for which a price is stated in the

Contract.

c) the cost of Plant and Materia ls ordered for the Works which have been delivered to the Contractor, or of which the Contracto r is liable to accept deliver y: this Plant and Materia ls shall become the Property of (and be at the r isk o f) the Employer when paid for by the Employer, and the Contractor shall place the same at the Employer’s disposal;

d) any other cost of liabilit y which in the

circumstance was reasonable incurred by the Contracto r in the expectation o f completing the Works;

e) the cost o f removal of Temporary Works

and Contractor’s Equipment from the s ite and the return of these items to the Contracto r’s works in his countr y (o r to any other destinat ion at no greater cost) ; and

f) the cost o f repatriat ion of the Contracto r’s sta ff and labour employed who lly in connect ion with the Works at the date of terminat ion

. 19.7 Release from Performance under the Law

Notwithstand ing any other p rovisio n of this Clause, if any event or circumstance outside the control of the Parties (inc luding, but not limited to, Force Majeure) arises which makes it impossib le or unlawful fo r either or both Part ies to fu lfill it s or their contractual ob ligat ions o r which, under the law governing the Contract, entit les the Parties to be released from further performance of the Contract, then upon notice by either Party to the other Party of such event o r circumstance :

(a) the Parties sha ll be discharged from fu rther performance, without prejud ice to the r ights of either Party in respect of any previous breach of the Contrat, and

(b ) the sum payable b y the Employer to the Contracto r sha ll be the same as wou ld have been payab le under Sub- Clause 19.6 [Optional Termina t ion, Payment and Release] if the Contract had been terminated under Sub-Clause19.6

20.0 Claim ,Disputes and arbitra tion 20.1 Contractor’s Claims

If the Contractor fails to give notice of a claim within such period o f 28 days, the Time for Completion sha ll not be extended, the Contractor shall not be ent it led to additional payment, and the Employer sha ll be discharged from all l iabilit y in connect ion with the claim. Otherwise, the fo llowing provis ions of this Sub-Clause shall apply.

The Contractor sha ll a lso submit any other no tices which are required by the Contract, and supporting particu lar s for the c laim, all as relevant to such event or circumstance.

The Contractor shall keep such contemporary records as may be necessary to substant iate any claim, either on the Site or at another locatio n accep table to the Engineer. Without admitt ing the Employer’s liability. The Engineer may, after rece iving any no tice under the Sub-Clause, monitor the record keeping and/or instruct the contractor to keep further contemporary records. The Contractor shall permit the Engineer to inspect all these records, and shall (if instructed) submit copies to the Engineer.

Within 42 days after the contractor became aware (o r shou ld have become aware) of the event or circumstance giving r ise to the claim, or within such other period as may be p roposed by the Contracto r and approved b y the Engineer, the Contracto r sha ll and to the Engineer a fu lly detailed claim. Which includes full supporting particu lar s of basis of the c laim and of the extension of time and/or additional payment claimed. If the event o r circumstance giving r ise to the c laim has a cont inu ing effect:

(a) this fu lly deta iled claim shall be considered as interim;

(b ) the contractor shall sent further inte rim claims at monthly interva ls, giving the accumulated delay and/or amount claimed, and such fu rther particular s as the Engineer may reasonably require;

and

(c) the Contractor sha ll send a f ina l claim within 28 days after the end of the effects resu lting from the event o r c ircumstance, or within such other period as may be p roposed by the Contracto r and approved by the Engineer.

Within 42 days a fter receiving a c la im or any fu rther particular supporting a p revious claim, or within such other period as may be proposed by the Engineer and approved by the Contractor, the Engineer sha ll respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall give his response on the princip les of the claim within such time.

Each Payment, cert if icate shall inc lude such amounts for any claim as have been reasonab ly substant iated as due under the relevant p rovision of the Contract. Unless and until the particulars supplied are su fficient to substant iate the who le of the cla im, the Co ntracto r shall only be ent itled to payment for such part of the c laim, as he has been able to substant iate.

The Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinat ions] to agree or determine ( i) the extension (if any) o f the Time of Completion (before or after it s expiry) in accordance with Sub -Clause 8.4 [Extension of Time for Complet ion], and/or ( ii) the additiona l payment ( if any) to which the Contracto r is entit led under the Contract.

The requirements of this Sub-Clause are in add it ion to those of any other Sub-Clause, which may app ly to a c laim. If the Contractor falls to comply with this or another Sub-Clause in relation to any claim, any extension of t ime and/or additiona l payment shall take amount of the extent ( if any) to which the failure has prevented or prejudiced proper invest igation of the cla im, unless the claim is exc luded under the second paragraph of this Sub -Clause.

20.2 Appointment of the Dispute Adjudication Member

Disputes shall be adjudicated b y a Dispute Adjudicat ion Member( DAM) in accordance with Sub-Clause 20.4 [Obtaining Dispute Adjud ication member’s Decision]. The Employer sha ll appoint a

Dispute Adjudicat ion Member with the consent of the contractor by the date at any time when the dispute arises and is b rought into the notice o f the Engineer/Employer.

The terms of the remunerat ion o f the sole member shall be mutually agreed upon by the Par ties when agreeing the terms of appointment. Each Party shall be responsib le for paying one-half of this remunerat ion.

If at any t ime the parties so agree, they may jo int ly refer a matter to the DAM for it to give it s opinio n, Neither Part y shall consu lt the DAM on any matter without the agreement of the other Part y.

If at any t ime the Part ies so agree, the y ma y appoint a suitably qua lified person of persons to replace (or to be ava ilab le to replace the DAM. Unless the Parties agree otherwise, the appo intment will come into effect if a member declines to act or is unable to act as a result of death, d isability, resignat ion or terminat ion of appointment.

If any o f these circumstances occurs and no such replacement is available, a replacement shall be appointed in the same manner as the replaced person was required to have been nominated or agreed upon, as descr ibed in this Sub-Clause.

20.3 Failure to Agree Dispute Adjudication Member

If any of the fo llowing condit ions app ly namely:

20.4 Obtaining dispute adjud icat ion member’s Decis ion

(a) the Part ies fail to agree upon the appointment of the sole member o f the DAM by the date stated in the f irst paragraph of Sub-Clause 20 .2 [Appo intment o f the Dispute Adjudication Member]

If a dispute (of any kind whatsoever) arises between the Part ies in connect ion with, or arising out of, the Contract or the execu tion of the Works, includ ing any dispute as to any certif icate, determinat ion, instruction, opinion or valuat ion of the Engineer, either Party may refer the d ispu te in writ ing to the DAM for its decision, with couples to the other Part y and the Engineer. Such reference shall state that it is given under this Sub-Clause

Bo th Parties shall promptly make availab le to the DAM all such add itional informat ion.

Further access to the s ite, and appropriate facilit ies, as the DAM may require for the purposes of making a dec ision on such dispute. The DAM shall be deemed to be not acting as arbitrato r (s).

Within 84 days a fter rece iving such reference, or within such other period as may be proposed by the DAM and approved by both Parties, the DAM shall give its dec ision, which shall be reasoned and shall state that it is given under this Sub-Clause. The decision shall be b inding on both Part ies. who shall promptly give effect to it unless and unt il it shall be revised in an amicable sett lement o r an arbitral award as descr ibed below. Unless the Contract has already been abandoned, repudiated or terminated, the Co ntracto r shall cont inue to proceed with the Works in accordance with the Contract.

If either Part y is d issat isfied with t he DAM’s decision, then either Party ma y, within 28 days after rece iving the dec ision, give no tice to the other Part y o f it s dissat isfact ion. If the DAM fails to give its decis ion within the period of 84 days (or as otherwise) approved) after rece iving such reference, then either Part y may, within 28 days after this period has exp ired, give not ice to the other party of it s dissat isfact ion.

In e ither event, this notice o f dissat isfac tion shall state that it is given under this Sub-Clause, and shall set out the matter in dispute and the reasons (s) for dissat isfact ion. Except as stated in Sub -Clause 20.7 [Failure to Comply with Dispute Adjudicat ion Member’s Decision] and Sub -Clause 20.8 [Expiry o f Dispu te Adjudicat ion Member’s Appointment], neither Part y shall be ent it led to commence arb itrat ion of a d ispute unless a notice of d issat isfact ion has been given in accordance with this Sub-Clause.

If the DAM has given its decision as to a matter in dispute to both Part ies, and no no tice of dissat isfact ion has been given b y e ither Party within 28 days after it received the DAM’s decision, then the decision sha ll become final and bind ing upon both Parties.

20.5 Amicable Sett lement Where no tice of dissatisfaction has been given under Sub-Clause 20.4 above, both Par ties shall attempt to settle the dispute amicab ly before the commencement of arb itrat ion. However, unless both Part ies agree otherwise, arb itration ma y be

commenced on or after the f if t y- sixth day after the day on which notice of d issat isfact ion was given, even if no attempt at amicable sett lement has been made.

20.6 Arbitration Unless settled amicably, any dispute in respect of which the DAM’s dec ision (if any) has not become final and bind ing shall be finally sett le b y arbitrat ion. Unless otherwise agreed by bo th Parties :

(a) the dispute shall be fina lly sett led under

the Rules of Arbitra t ion as applicable in the

Jammu & Kashmir and the proceedings shall

be held in Katra o r Jammu only.

(b) the d ispute shall be sett led by s ingle

arbitrators/Panel appointed in accordance

with these Rules, and

(c) the arbitratio n sha ll be conducted in the

language for communicat ions defined in

Sub-Clause 1 .4 [Law and Language].

The arb itrato r (s) sha ll have full power to open up, review and revise any cert if icate, determinat ion, instruction, opinion or valuatio n o f the Engineer, and any decis ion of the DAM, relevant to the dispute. No tice shall disqualify the Engineer from being called as a witness and giving evidence before the arbitra tor (s) on an y mat ter whatsoever ant to the dispute.

Further Party shall be limited in the proceedings before the arbitrator (s) to the evidence arguments previously put before the DAM to obtain its decision, or to the reasons for dissatisfac tion given in its notice of dissat isfaction. Any dec ision o f the DAM shall be admissible in evidence in the arbitrat ion.

Arbitrat ion may be commenced prior to o r after completion of the Works. The obligat ions of the Parties, the Engineer and the DAM shall not be altered by reason of any arbitrat ion being conducted during the p rogress of the works.

20.7 Failure to Comply with Dispu te Adjudication Member’s Decision

In the event that :

(a) neither Party has given notice of dissatisfact ion within the period stated in Sub-Clause 20 .4 [Obtaining Dispu te Adjudicat ion Member’s Decis ion].

(b ) the DAM’s re lated dec ision (if any) has become final and binding, and

(c) a Party fa ils to comply with this decision

Then the other Party may, withou t p rejudice to any other r ights it may have, re fer the fa ilu re it self to arbitrat ion under Sub-Clause 20.6 [Arb itrat ion]. Sub-Clause 20.4 [Obtaining Dispute Adjud ication Member’s Decisio n] and Sub -Clause 20 .5 [Amicable Settlement] shall not apply to this reference.

20.8 Expir y of Dispute Adjudication Member’s Appointment

If a dispute arises between the Parties in connect ion with o r arising ou t of the contract of the execution of the Works and there is no DAM in place, whether by reason of the exp ire o f the DAM’s appointment or otherwise :

(a) Sub-Clause 20.4 [Obtaining Dispute Adjudicat ion Member’s Decision] and Sub-Clause 20.5 [Amicable Sett lement] shall not apply and

(b) the dispute may be referred direct ly to

arbitrat ion under Sub-Clause 20.6 [Arbitration].

______________

Item Sub-Clause DataThe Chief Executive Officer,Shri Mata Vaishno DeviShrine Board, Central Office KatraPh.01991-232075Email: [email protected]

Sh. Subash SharmaExecutive EngineerShri Mata Vaishno Devi Shrine BoardNiharika Complex-KatraPh: 99060-60666E-mail: [email protected]

Time for completion of the works 1.1.3.3 48 Calendar months. The date ofstart/commencement of work shall be reckoned from15th day of the issue of LOA.

Defects liability Period 1.1.3.7 02 years from the date of handing over of thecomplete building.

Electronic transmission systems 1.3 e-mailGoverning Law.. 1.4 Laws Prevailing in J& K at the time of execution of

contractRuling language 1.4 EnglishLanguage for communications 1.4. EnglishTime for access to the site 2.1.. 07 days after issue of LOAPerformance Security 4.2 10 % of the Accepted Contract Amount, in the shape

of Bank Gurantee from a reputed Bank recognised byRBI.

Delay damages for the Works 8.7 & 14.15 (b) 0.0025% of the allotted Contract Price per dayMaximum amount of delay damages 8.7 10 % of the allotted Contract Price

Moblization advance to the tune of 5 % of acceptedcontract price with a simple interest of 10% per annumshall be payable in two installments against BankGurantee from a reputed Bank recognised by theReserve Bank of India . The BG shall be for anamount equivalent to moblization advance withinterest and valid till the completion of Project.

First installments of 5 % will be released immediatelyafter signing the contract agreement and onsubmission of Bank Guarantee on the request of thecontractor.

Second instalment of 5 % will be released afterestablishing the contractor and Engineers site office,Establishing site Laboratory; submission of workprogram etc.

Repayment amortization of advance payment

14.2 (b) 12.5% of the interim bill till the advance including theinterest is recovered in full

Percentage of Retention 14.3 5 % of the each claim billMinimum amount of Interim PaymentCertificates

14.6 50 Lacs.

Minimum total liability of the contractor tothe employer

17.6 The product of 0.50 times the Accepted contractamount

Periods for submission of insurance 18.1 28 Days form the date of comencement of work Minimum amount of Third party insurance 18.3 5.0 LacsDispute Adjudicated 20.2 one member to be nominated by CEO ,SMVDSBJurisdiction for redressal of disputes,if any in courts at Katra/Reasi/Jammu only and as per

prevailing laws in J&K State.

Particular Conditions of Contract -Part AThe following Particular conditions of contract (PCC)shall supplement the general conditions of contract (GCC) Whenever there is a conflict ,the provisions herein shall prevail over those in the GCC.

Total advance payment 14.2

Employer’s name and address 1.1.2.2 & 1.3

Engineer’s name and address 1.1.2.4 & 1.3

Particular conditions of contract – Part B

Sub clause 1.4 :

Law & language The laws governing the contract shall be laws of Jammu & Kashmir and the language is English.

Sub clause 1.5

Priority of Documents : The priority of documents shall be as follows:

1. The Letter of Acceptance 2. The contract agreement 3. The Bid/ Tender 4. General conditions of Contract 5. Particular conditions of contract 6. The Specifications 7. Bill of quantities.

Sub clause 4.2

Performance Security : The contractor shall provide the performance security for the proper performance of the contract to the employer within 21 days after the receipt of the letter of acceptance. The performance security shall be in the form of a bank guarantee as per the given format issued by any national bank approved by RBI. The contractor shall ensure that the performance security is valid and enforceable until the contractor has executed, completed the works and remedied all defects. If the terms of the performance security specify its expiry date and the contractor has not become entitled to receive the performance certificate by the date 28 days prior to the expiry date ,the contractor shall extend the validity of performance security until the works have been completed and the notified defects have been remedied. The performance security shall be released after the successful completion of the defect liability period after deduction of claims of employer if any. In case the contract is terminated by the Employer, the employer reserves the right to encash the bank guarantee in full without any notice to the contractor.

Sub clause 8.1

Commencement of work : The commencement date shall be within 15 days after the date on which the LOA has been issued to the contractor.

Sub clause 8.2

Time of completion : The time of completion of the work shall be 48 calendar months from the commencement date inclusive of monsoon and snow season.

Sub clause 8.6

Rate of progress : In addition to that specified in GCC add “in case of extremely poor progress of the work or any item of work at any stage which in the opinion of the Engineer can not be executed/ made good by the contractor .the Engineer will have a right to get it accelerated to make up the lost time through any other agency called nominated sub contractor and get the cost recovered from the contractor. Such action shall be informed in writing to the contractor”.

Clause 11.1

Defects liability/

notification period : The defect liability period shall be 24 months from the dateof complete handing over of the building by the contractor to the Engineer.

Clause 13.1

Variation Procedures : In addition to that specified in clause 13.1 of GCC, the variation procedure shall be as follows:

1. SMVDSB reserves the right to add any item/ items of work in the priced bill of quantities which is felt necessary for smooth execution and completion of the work during the currency of the contract. The payment of such item/items shall be made as follows:

a) The rate of such item shall be derived from the existing item in the BOQ/Priced bill of quantities .

b) If the item is not there in BOQ/Priced bill of quantities, the rate analysis of such item shall be prepared on the CPWD book of rate analysis with 15 % contractor’s profit and over heads. The GST and labour cess at the prevailing rates shall be added extra .

c) If the rate analysis of such item is not available in the CPWD book of analysis,then the rate shall be derived on the Lowest market rates based on the quotations and after ascertaining the reasonability of rates .

2. SMVDSB reserves the right to drop or omit any item of work during the currency of contract.

3. The contractor shall have no right to claim any compensation, financial or in terms of time extension on account of any omission / addition of any item/items of work .

Sub clause 13.6

Day work : This clause shall apply where the Engineer intends to get some work of emergent nature in the vicinity of the work to ensure smooth yatra operations or otherwise from the contractor by ordering deployment of labour,machinery and equipment of the labour for execution of such work. The details of such deployment shall be recorded jointly by both contractor and engineer/their respective representatives and their valuation done jointly on the lowest market rates at site of work for submission of the claims to the employer for payment.

15. Termination by Employer I f in t he opinion o f the Employer the Contractor has engaged in corrupt , fraudulent co llusive or coercive pract ices, in compet ing for or in execut ing the Contract , then the Employer may, after giving 14 days not ice to the Contractor, terminate t he Contractor’s employment under the Contract and expel him for the Site, and the provisions of Clause 15 shall apply as if such expulsion had been made under Sub-Clause 15.2.

15.6 Corrupt or Fraudulent Pract ices

For the purposes o f this Sub-Clause.

(a) “corrupt pract ice” means the offer ing, g iving receiving, or so licit ing, d irect ly or indirect ly, o f anything o f value to influence the act ion o f any party in the procurement process or the execut ion of a contract .

(b) “fraudulent pract ice” means a misrepresentat ion or omiss ion o f fact sin order to influence a procurement process or the execut ion of a contract ;

(c) “co llusive pract ices” means a scheme or arrangement between two or more bidders, with or without the knowledge of the Borrower, designed to influence the act ion o f any party in a procurement process or the execut ion of a contract ;

(d) “Coercive pract ices” means harming or threatening to harm, direct ly or indirect ly, persons, or their property to influence their part icipat ion in a procurement process, or affect the execut ion of a contract .

Sub Clause 20.2:- Dispute addressal shall be as per the following procedure:

1. Disputes arising during the currency of contract shall be sorted out amicably as a first preference.

2. If the dispute is not sorted out amicably then it shall be referred to Dispute adjudication member ( DAM) appointed by the Chief Executive Officer, SMVDSB. The appointment of DAM shall be binding on the contractor. The fee of Dispute adjudicator shall be fixed by CEO, SMVDSB and shall be borne by the contractor and SMVDSB on 50:50 Basis. The contractor shall be bound to pay fees to the Dispute adjudicator after every hearing failing which the fees shall be recovered from the dues of the contractor i.e Claims/ Retention money/Performance security.

3. In case the decision of the dispute adjudication member is not acceptable to either of the party ,then the aggrieved party shall approach CEO,SMVDSB with a request to appoint an arbitrator acceptable to both parties.

4. In case no consensus is arrived on the appointment of sole arbitrator then each party shall nominate their arbitrator and both arbitrators shall appoint the neutral/Third arbitrator.

5. Jammu & Kashmir arbitration rules prevalent at the time of arbitration, if invoked by either party shall hold good for final dispute settlement, if any, between the parties which shall be binding on the contractor/ both parties.

6. The fee of the arbitrator/arbitrators shall be borne by both parties on 50:50 basis.

7. Either of the party shall release the fees of the arbitrator/arbitrators after each hearing. In case the contractor fails to pay the dues of the arbitrator/ arbitrators, the same shall be recovered from the due payments of the contractor i.e Claims/Retention money/Performance security.

8. The jurisdiction of the arbitration shall be in Jammu/ Katra only.

______________________________________________________________

BRIEF SPECIFICATIONS OF WORK

GENERAL

1. All relevant IS Codes or specifications along with C PWD specifications shall be applicable in general.

2. In all possible cases sample approval from SMVDSB is necessary prior to bulk procurement of material by the Contractor.

3. All approved samples shall be kept at site at the risk and cost of the Contractor for the entire period of Contract.

4. In case of mismatch/difference between approved sample and bulk procured item, the Contractor shall remove the materials within 24 hours of bringing in the materials at site at his risk and cost.

5. Test certificates for materials brought and used at site shall have to be submitted to SMVDSB, in all possible cases excluding that supplied by SMVDSB.

6. Over and above, SMVDSB may instruct the Contractor for further testing

of materials at the risk and cost of the Contractor from Government Test Houses/ approved NABL accredited Laboratories.

7. Specialized work shall have to be carried out with specialized persons/agency/ authorized applicator etc., as the case may be.

8. No work shall be carried out without the knowledge/prior intimation/approval/ checking etc. by SMVDSB or consultant appointed by SMVDSB. If such a case arises, SMVDSB may not accept the work and SMVDSB shall have the right to accept such work/part of work with no admissibility of payment. Recurrence of such incident may attract penal measures on the Contractor, as may be decided by SMVDSB.

9. Unless otherwise specified elsewhere in this Contract, all work under this Contract shall be carried out in accordance with the technical specifications as per the latest issue of the Indian Standard Specifications applicable to the particular class of work. If Indian Standards are not formulated for any particular material of work, the relevant CPWD Specification shall apply.

10. All in-situ tests shall have to be carried out in presence of the authorised

representative(s) of SMVDSB at site with prior intimation (at least 72 hours before) to the satisfaction and acceptance of the Owner with attaining the applicability/functionality of the works/materials/equipments etc., as the case may be.

11. All test reports, in-situ as well as tests at site and/or laboratory tests shall form the part of the Contract for acceptance of the work in part and/or whole and the Contractor shall submit the reports/results duly authenticated by him and/or SMVDSB’s representative at site present during the test/authorised signatory of the testing house/ laboratory (for testing at Govt. Test Houses/laboratory) within 15 (Fifteen) days from the actual date of testing or as directed by SMVDSB specifically.

12. The relevant clauses of G.C.C. and S.C.C. shall also be applicable and should be read in conjunction with this “Technical Specification”. In case of any anomaly/dispute, decision of SMVDSB shall be final and binding on the Contractor.

13. No extra claim for any test, re-test including the tests for pre-commissioning as well as commissioning whatsoever, shall be entertained by SMVDSB.

14. All the relevant I.S Codes, specifications etc. shall be made available to SMVDSB by the Contractor against the work during the entire period of Contract.

15. All manuals, brochures etc. shall be handed over to SMVDSB immediately after execution and testing of each part of the relevant work.

19. The list of approved materials mentioned in the B.O.Q. and/or Technical specification is a guideline to the Contractor only. SMVDSB reserves the right to instruct the Contractor to procure materials, equipments etc. beyond the list of approved materials mentioned in the B.O.Q. as well as in Technical specifications of equivalent quality.

20. All registers, reports, drawings, diagrams, warranties etc. shall be property of SMVDSB and the Contractor shall have to submit these to SMVDSB as per terms of the Contract.

21. Any revision of work, drawings etc. shall have to be accepted by the Contractor during execution of the work within the purview of the Contract, as a whole.

22. The following “Order of Preference” shall prevail in case of any ambiguity between specifications, drawings and Bill of Quantities (BOQ).

i) The Bill of Quantities (BOQ) ii) Technical Specification iii) Execution drawings.

If no solution can be made by the above “Order of Preference”, then the decision of SMVDSB shall be final and binding.

23. Notwithstanding above or any of the clauses contained in the bid document, decision of SMVDSB on any clause or for any case shall be final and binding on the Contractor.

24. Whatsoever the case may be, compliance of all the clauses for execution of the entire contract, it shall not relieve the Contractor from any of his obligations under the contract and the Contractor shall remain fully responsible for completeness, accuracy & correctness of all the documents & drawings & works till completion of the contract with the Contractor.

A. Pile Foundation work

1.0 SCOPE

1.1 This specifications cover the installation of bored cast-in-situ reinforced concrete vertical piles.

1.2 Installation of bored cast-in-situ concrete vertical piles shall also conform to IS: 2911 (Part-1/Section-2).

1.3 This specifications also covers the technical requirements for load test (Initial and Routine tests) on reinforced concrete single vertical piles of to assess their vertical, horizontal and pull-out load carrying capacity.

1.4 Load tests on piles shall conform to IS: 2911 (Part-4).

2.0 GENERAL REQUIREMENTS

2.1 The work shall include mobilization of all necessary equipments, providing necessary engineering supervision through qualified and technical personnel, skilled and unskilled labour, etc. as required to carry out the complete piling work, load tests and submission of records / reports as per schedule.

2.2 The Contractor shall guarantee the "Safe Load" capacity of piles for various modes i.e., vertical, lateral and pull-out loads for piles installed by him.

2.3 Consequent upon award of work and prior to installation of job piles, the Contractor shall a) submit structural design of pile in terms of the parameters viz. allowable capacity, length, diameter, termination criteria, etc. for Owner's/ Consultant's approval. b) On owner's/Consultant's approval on pile design, install test piles and carry out all the initial (vertical, lateral and pull-out) load test of piles. c) Submit test results (pile capacities) and the record of initial load tests to owner/consultant. d) Seek permission from owner/consultant for installation of job piles.

2.4 The Contractor shall make his own arrangements for locating the co-ordinates and position of piles shown in approved drawings and for determining the Reduced Levels (R.L) of these locations with respect to the single bench mark indicated by the Engineer-in-Charge. Two established reference lines in mutually perpendicular direction shall be indicated to the Contractor. The Contractor shall provide at site all the required survey instruments to the satisfaction of the Engineer-in-Charge so that the work can be carried accurately according to specifications and drawings.

2.5 In case of working piles, if the pile rejected due to any reasons, attributable to contractor the Contractor shall install additional piles at no extra cost to the Owner.

2.6 It is essential that all equipment and instruments are properly calibrated both at commencement and immediately after the tests so that they represent true values.

Certificates to this effect from an approved institution shall be furnished to the Engineer-in-Charge. If the Engineer-in-Charge so desires the contractor shall arrange for having the instruments tested at an approved laboratory at his own cost and the test report shall be submitted to the Engineer-in-Charge. If the Engineer-in-Charge desires to witness such tests Contractor shall arrange to conduct the test in his presence.

2.7 The complete jacking system including the hydraulic jack, hydraulic pump and pressure gauge shall be calibrated as unit. The complete unit shall be calibrated over its

complete range of travel for increasing and decreasing loads same as that of test loads. The calibration certificate shall be submitted to the Engineer-inCharge.

2.8 The reaction load to be made available for the test shall be at least 25 % greater than the maximum jacking force. The reaction system as relevant shall be designed for the total reaction load. All reaction loads shall be stable and balanced during all operations of testing. During testing, stability of reaction system shall be ensured.

2.9 The load applied on the pile shall be measured by a calibrated pressure gauge mounted on the jack with a least count of not more than 10 % of the safe load.

2.10 The displacement of pile( In vertical, horizontal and uplift) shall be measured using dial gauges having a least count 0.01 mm.

2.11 Load test shall be conducted at pile cut off level (COL). If the water table is above the COL the test pit shall be kept dry through out the test period by suitable dewatering methods without any extra cost to owner.

2.12 In case of initial vertical load test where the water table level is higher than the COL Contractor may use reaction piles for testing purposes in each case. Engineer-in-Charge may at his discretion decide to rise the COL above water table.

2.13 Full details of the equipment proposed to be used and the test setup with detail sketches shall be submitted to the Engineer-in-Charge, before making arrangement to carry out the tests, for his approval. Approval of the Engineer shall also be obtained after the test set up is complete prior to commencement of loading.

2.14 All operations in connection with pile load test shall be carried out in a safe manner so as to prevent the exposure of people to hazard.

2.15 If any test has to be discontinued, which in the opinion of the Engineer-in-Charge interferes with the load test results, and he decides to abandon the test, the Contractor shall install another pile for the purpose and repeat the test after correcting the fault and the cost of all such operations, including the cost of test pile, shall be at the Contractor's expense

2.16 After completion of piling work contractor shall submit four copies of the following documents for Owners record and future reference: a. Initial load test data for all tests done along with the pile data and the analysis of the initial test results. b. Pile data along with concrete mix design detail (note pile data shall contain details as per requirement of Annexure- A). c. Routine load test data for all tests done. d. A full record giving all details of test in the Performa shown in Annexure- B shall be submitted in triplicate to the engineer immediately on completion of each test. The record shall also include the plots of: i. Load VS. Settlement ii. Time VS. Settlement (for each increment of load) iii. Characteristic of the piles and the interpretation of the pile load test curve as per the criteria for safe loads as mentioned in the specification.

2.17 Before commencement of the work, the Contractor shall submit Quality Assurance Plan to the Owner/Consultant for their approval.

3.0 CODES AND STANDARDS

3.1 All standards and codes of practice referred to herein shall be the latest editions including all applicable Amendments issued.

3.2 All works shall be carried out as per the relevant Indian Standard Codes. In case of conflict between the specification and the IS codes referred to herein, the former shall prevail. Some of the applicable Indian Standards and codes are referred to here below: IS: 432(Part I&II) Specification for mild steel and medium tensile steel bars and hard drawn steel wire for concrete reinforcement. IS: 456 Code of Practice for plain and reinforced concrete. IS: 1786 Code of practice for twisted steel high strength deformed bars for concrete reinforcement. IS: 2911(Pr-I/Sec-2) Code of practice for design and construction of pile foundations- Bored cast-in-situ concrete pile. IS: 2911(Part-4) Code of practice for design and construction of pile foundation Load test on piles. IS: 5121 Safety code for piling and other deep foundations. IS: 10262 Recommended guidelines for concrete mix design.

4.0 MATERIALS

4.1 General All materials vise cement, steel, aggregates, water etc., which are to be used for pile construction shall conform relevant IS codes specifications for properties, storage and handling of common building materials. However, aggregates more than 20 mm shall not be used.

5.0 CONCRETE

5.1 Enclosed Technical Specifications for cast-in-situ concrete and allied works along with IS:2911 Part I/Sec.2 - Code of Practice for Design and construction of pile foundations (Bored cast-in-situ concrete pile) shall be applicable to concrete works for piles. Use of plasticizer to control the water cement ratio shall be permitted on specific approval from Engineer-in-Charge.

5.2 Grade and Minimum Cement Content Design Mix of Concrete grade M-30 shall be used with Ordinary Portland Cement (OPC), Portland Slag Cement (PSC) or Portland Pozzolona Cement (PPC) only The cement content shall be as per mix design conforming to IS: 10262. However, the minimum cement content shall be 400 Kg, per cubic meter of concrete. In case of piles subsequently exposed to free water or in case of piles where concreting is done under water or drilling mud using methods other than the tremie, 10 percent extra cement over that required for the design grade of concrete at the specified slump shall be used subject to minimum quantities of cement specified above.

5.3 For the concrete, water and aggregates specifications laid down in IS: 456 shall be followed in general. Natural rounded shingle of appropriate size may also be used as coarse aggregate. It helps to give high slump with less water cement ratio.

5.4 Slump of Concrete The slump of concrete shall vary between 150 to 180 mm.

5.5 Cement: Any of the following cements may be used as required

Type of Cement Minimum cement content (kg/m³) Maximum water-cement ratio

43 Grade-OPC 400 0.50

PPC 400 0.50

6.0 REINFORCEMENT

6.1 Longitudinal reinforcement in pile shall be high strength deformed steel bars with characteristics strength of 500 N/Sq.mm. conforming to IS: 1786 unless specified otherwise. Lateral reinforcement in pile shall be of mild steel conforming to IS: 432 (Part-1) or HYSD steel bar conforming to IS: 1786.

6.2 The minimum area of longitudinal reinforcements shall be 0.4 percent of the sectional area calculated on the basis of outside area of casing or the pile shaft where casing is not used, whichever is more. The minimum number of longitudinal reinforcement shall be six(6) and its minimum diameter shall be 12 mm. The stipulated minimum reinforcement shall be provided for the full length of pile. Adequate reinforcement shall be provided to take full uplift loads.

6.3 The longitudinal reinforcement shall project up to development length as per requirements laid in IS: 456 in terms of multiple of bar diameter above cut off level unless otherwise indicated.

6.4 The minimum diameter of the links or spirals bar shall be 6 mm and the spacing of the links or spiral shall not be less than 150 mm. The laterals shall be lied to the longitudinal reinforcement to maintain its shape and spacing.

6.5 Reinforcement cage shall be sufficiently rigid to withstand handling and installation without any deformation and damage. As far as possible number of joints (laps) in longitudinal reinforcement shall be minimum. In case the reinforcement cage is made up of more than one segment these shall preferably be assembled before lowering into casing tube/pile bore by providing necessary laps as per IS: 456.

6.6 Laps shall be staggered as far as practicable and not more than 50% bars shall be lapped at a particular section. Lap joints shall be staggered by at least 1.3 times the lapped length (Centre to Centre).

6.7 Proper cover and central placement of the reinforcement cage in the pile bore shall be ensured by use of suitable concrete spacers or rollers cast specifically for the

purpose. 6.8 Minimum clear cover to all main reinforcements in piles shall not be less than 50 mm unless otherwise specified.

7.0 PILE INSTALLATION

Installation of piles shall be carried out as per pile layout drawings. Installation criteria and the direction of the Engineer-in-Charge.

7.1 EQUIPMENT AND ACCESSORIES

The equipment accessories for installation of bored cast-in-situ piles shall be selected giving due consideration to the sub-soil conditions, ground water conditions and the method of casting etc. These shall be of standard type and shall have the approval of the Engineer-in-Charge. List of details of equipment and accessories proposed to be used for the job shall be submitted along with the bid. The capacity of the rig shall be adequate so as to reach the specified founding level.

7.2 CONTROL OF POSITION AND ALIGNMENT

Piles shall be installed as accurately vertical as possible. The permissible limits for deviation with respect to position and alignment (inclination) shall conform to IS: 2911 (Part-1/Sec.-2), which is reproduced below for ready reference. a. The maximum deviation of vertical piles shall not exceed 1.5 per cent in alignment. b. Piles shall not deviate more than 75 mm or D/10 whichever is more from their designed position at cut off level. In case of piles deviating beyond these limits, the piles shall be replaced or supplemented by one or more additional piles without any extra cost to the Owner.

7.3 BORING

I. Boring operations shall be done by any feasible and convenient method as per site conditions.

II. The Contractor shall satisfy himself about the suitability of the method to be adopted for site. If on mobilization, the Contractor fails to make a proper bore for any reason, the Contractor has to switchover to other boring methods as approved by the Engineer-in-Charge at no extra cost to the Owner.

III. Working level shall be above the cut off level. After the initial boring of about 1.0 to 2.0 m temporary guide casing shall be lowered in the pile bore. The diameter of guide casing shall be of such diameter to give the necessary finished diameter of concrete pile. The centre line of guide casing shall be checked before continuing further boring. Guide casing shall be minimum 1.0 m length. Additional length of casing may be used depending on the condition of strata, ground water level etc.

IV. Use of drilling mud (Bentonite suspension/slurry) for stabilizing the sides of the pile bore is necessary wherever is likely to collapse in the pile bore. Drilling mud to be used shall meet the following requirement.

V. Liquid limit of Bentonite when tested in accordance with IS: 2720(Part-V) shall be more than 300 percent and less than 450 percent.

VI. Sand content of the Bentonite powder shall not be greater than 7 percent.

VII. Bentonite solution should be made by mixing it with fresh water using pump for circulation. The density of the freshly prepared Bentonite suspension shall be between 1.034 and 1.10 gm/ml depending upon the pile dimensions and type of soil in which the pile is to be cast. However the density of Bentonite suspension after mixing with deleterious materials in the pile bore may be up to 1.25 gm/ml.

VIII. The Marsh viscosity when tested by a Marsh cone shall be between 30 to 60 seconds.

IX. The differential free swell shall be more than 540 percent.

X. The pH value of the Bentonite suspension shall be between 9 and 11.5

XI. The Bentonite slurry and the cuttings, which are carried to the surface by the rising flow of slurry shall pass through setting tanks of adequate size to remove the sand and spoils from the slurry, before the slurry is recirculated to the boring. The Bentonite slurry mixing and recirculation plant shall be suitably designed and installed.

XII. The Bentonite slurry shall be maintained at 1.5 m above the ground water level during boring operations and till the pile is concreted. When DMC and RMC method is used the Bentonite slurry shall be under constant circulation till start of concreting.

XIII. The size of cutting tools shall not be less than the diameter of the pile by more than 75 mm. However, the pile bore shall be of the specified size.

XIV. Socketing shall be done as per Geo-technical Report/ pile design requirement point of view wherever required.

7.4 CHISELING

Chiseling may be restored to with the permission of the Engineer-in-Charge below the socketing horizon. The chiseling tool or bit shall be of adequate size and weight so as to reach the desire depth.

7.5 LENGTH OF PILE

The length of pile shall be as per recommendations of soil investigation report/ as per design. In case of rock, chiseling shall be required to be done; the criteria for

termination and socketing shall be as per recommendations of soil report/ Design/IS code.

7.6 CLEANING OF PILE BORE

I. After completion of the pile bore up to the required depth, the bottom of the pile bore shall be thoroughly cleaned. Cleaning shall ensure that the pile bore is completely free from sludge /bored material, debris of rock/boulder etc. Necessary checks shall be made for pile bore as described in the subsequent clauses to confirm the thorough cleaning of the pile bore.

II. Pile bore spoil along with used drilling mud shall be disposed off from site as directed by the Engineer-in-Charge.

7.7 ADJACENT STRUCTURES

When working near existing structures care shall be taken to avoid any damage to such structures.

7.8 CONCRETING

I. Concreting shall not be done until the Engineer-in-Charge is satisfied that the pile termination level is reached and the pile bore is cleaned properly and thoroughly.

II. The time interval between the completion of boring and placing of concrete shall not exceed 6 hrs. In case the time interval exceeds 6 hrs. the pilebore shall be abandoned. However, the Engineer may allow concreting provided the Contractor extends the pile bore by 0.5 m beyond the proposed depth, and clean the pilebore. The entire cost of all operation and materials for this extra length shall be borne by the Contractor.

III. Pile bore bottom shall be thoroughly cleaned to make it free from sludge or any foreign matter before and after placing the reinforcement cage.

IV. Proper placement of the reinforcement cage to its full length shall be ensured before concreting.

V. Concreting shall be done by tremie method. The operation of tremie concreting shall be governed by IS: 2911(Part-1/Sec.2). Drilling mud shall be maintained sufficiently above the ground water level.

VI. Concreting operations shall not proceed if the contaminated drilling mud at the bottom of the pile bore posses density more than 1.25 T/Cu.m. Or sand content more than 7%. The drilling mud sample shall be collected from the bottom of pile bore as mentioned in subsequent clause.

VII. Consistency of the drilling mud suspension shall be controlled throughout concreting operations in order to keep the bore stabilized as well as to prevent concrete getting mixed up with the thicker suspension of the mud.

VIII. It shall be ensured that volume of concrete poured is at least equal to the theoretically computed volume of pile shaft being cast.

IX. The temporary guide casing shall be withdrawn cautiously after concreting is done up to the required level. While withdrawing the casing concrete shall not be disturbed.

7.9 CUT OFF LEVEL (COL)

I. Cut off level of piles shall be as indicated in drawings released for construction or as indicated by the Engineer-in-Charge.

II. The top of concrete in pile shall be brought above the COL to remove all laitance and weak concrete and to ensure good concrete at COL for proper embedment in to pile cap.

III. Concrete shall be cast upto Ground level, to permit overflow of concrete for visual inspection.

IV. In the circumstance where COL is below ground water level, the need to maintain a pressure on the unset concrete equal to or greater than water pressure shall be observed and accordingly length of extra concrete above COL shall be determined by the Contractor with prior approval of Engineer-in-Charge.

7.10 SEQUENCE OF PILING

I. Each pile shall be identified with a reference number.

II. The convenience of installation may be taken into account while scheduling the sequence of piling in a group. This scheduling shall avoid piles being bored close to other recently constructed piles.

7.11 REJECTION AND REPLACEMENT OF DEFECTIVE PILES

The Engineer-in-Charge reserves the right to reject any pile which in his opinion is defective on account of load capacity structural integrity, position, alignment, concrete quality etc. Piles that are defective shall be pulled out or left in place as judged convenient by the Engineer-in-Charge, without affecting the performance of adjacent piles. The Contractor shall install additional piles to substitute the defective piles as per the directions of the Engineer-in-Charge, at no extra cost to the Owner.

7.12 RECORDING OF PILING DATA

The Contractor shall record all the information during installation of piles. Typical data sheet for recording pile data shall be as indicated in ANNEXURE- A enclosed and the Pile Load Test Data shall also be recorded as per the details indicated in Annexure- B enclosed. On completion of each pile installation, pile record in triplicate shall be submitted to Engineer-in-Charge within two days of completion of concreting of the pile.

8.0 SAMPLING, TESTING, AND QUALITY ASSURANCE

8.1 Facilities required for sampling and testing materials, concrete, etc. in field and in laboratories shall be provided by the contractor. The contractor shall carry out all sampling and testing in accordance with the relevant Indian Standards and this specification. Where no specific testing procedure is mentioned the test should be carried out as per the prevalent accepted engineering practice to the direction of Engineer-in-Charge. Test shall be done in presence of engineer of the engineer or his authorized representative. In case the Engineer requires additional tests, the contractor shall arrange to get these tests done and submit to the Engineer the test results in triplicate within three days after completion of any test.

8.2 RECORDS

The contractor shall maintain records of all inspection and testing, which shall be made available to the Engineer. The Engineer at his discretion may waive some of the stipulations for small and unimportant concreting operations and other works.

8.3 UNSUITABLE MATERIALS

Materials found unsuitable for acceptance shall be removed and replaced by the contractor. The work shall be redone as per specification requirements and to the satisfaction of the Engineer at no extra cost to the Owner.

8.4 QUALITY ASSURANCE PROGRAM

I. The Contractor shall submit and finalize a detailed Field Quality Assurance program within 30 days from the date of award of contract, according to the requirements of this specification. This shall include setting up of a testing laboratory, arrangement of testing apparatus/equipment, deployment of qualified/ experienced manpower, preparation of field quality plan, etc. On finalized field quality plan, the Owner shall identify, customer hold points, beyond which the work shall not proceed without written approval from the Engineer. The testing apparatus/equipment installed in the field laboratory shall be calibrated / corrected by the qualified persons as frequently as possible to give accurate testing results.

II. Frequency of sampling and testing, etc. and acceptance Criteria are given in Table- 1. The testing shall be done at field laboratory or any other laboratory approved by the Engineer-in-Charge. However, the testing frequencies set forth are the desirable minimum and the Engineer shall have the full authority to call for tests as frequently as he may deem necessary to satisfy himself that the materials and works comply with the appropriate specifications. The materials shall be tested to all the specified requirements as per relevant IS codes before acceptance at manufacturers premises or at independent Government laboratory. Tests indicated in the Table- 1 are for cross checking at site the conformity of the materials to some of the specifications.

8.5 TESTING OF CONCRETE

I. Concrete and other materials shall be tested for quality and strength and other properties as per relevant IS codes.

II. One sample consisting of six test cubes shall be made from the concrete used in each test pile, three to be tested after 7 days and 3 after 28 days.

III. For working piles, minimum one sample consisting of six test cubes shall be made from the concrete for the first ten piles, three to be tested after 7 days and three after 28 days. Thereafter minimum one sample consisting of there test cubes for every 25 piles shall be tested for the 28 day cube strength.

IV. In preparation of test cubes/specimens vibrators shall not be used.

V. Concrete shall be tested for slump at every one hour interval.

VI. Other materials like aggregates, reinforcement, etc., shall be tested as per relevant IS codes.

8.6 TESTING FOR POSITION AND ALIGNMENT

I. Each pile shall be checked for its position with respect to specified location. Each pile bore shall be checked for its alignment.

II. Permissible limits for deviation shall be as specified elsewhere in this section of specification.

8.7 PROPERTIES OF DRILLING MUD

I. Properties of drilling mud shall be checked as per the requirements specified in clause no. 7.3 (IV) of this specification. Prior to use in piling work and there after minimum once in a week or as found necessary by the Engineer one sample consisting of 3 specimens shall be tested.

II. Density and sand content of the drilling mud shall be checked at least in each pile for first 10- piles before concreting. In case of satisfactory results the frequency of sampling shall not be less than one in 25 piles.

8.8 CHECK FOR PILE BORE

I. On completion of boring and cleaning the bottom of each pile bore shall be checked by the methods as approved by the Engineer-in-Charge to ensure that it is free from pile bore spoil/debris and any other loose material, before concreting shall be done only after the approval of the Engineer-in-Charge.

II. For sampling of drilling mud from the pile bore the following method or any other suitable method shall be adopted. III. A solid cone shall be lowered by a string to the

bottom of pile bore. A sampler tube closed at top with a central hole (hollow cylinder) is lowered over the cone, then a top cover shall be lowered over the cylinder. Care shall be taken for proper fittings of assembly to minimize the leakage while lifting the cone assembly to the ground surface. The slurry collected in the sampler tube shall be tested for density and sand content.

9.0 LOAD TEST ON PILES

9.1 TYPE OF TESTS

I. The Contractor shall carry out two categories of load tests i.e. Initial Load and Routine Load Tests in accordance with IS: 2911 (Part-4).

II. Initial load test shall be conducted to assess the safe load carrying capacity of pile before start of installation of working piles. This shall include the following type of tests:

a. Cyclic compression load test to assess safe vertical load capacity.

b. Lateral load test to assess safe horizontal load capacity.

c. Tension load test to assess safe pull out load capacity. The minimum number of Initial Load Test for each diameter of pile proposed shall be as per Schedule of Rate.

III. Routine load tests of piles as per IS: 2911 (Part-4) shall be conducted to verify the load capacity of working piles. This shall include the following types: a. Direct Compression load test for vertical load capacity. b. Lateral load test for horizontal load capacity.

IV. The minimum number of routine load test for each diameter and type shall be 1.5 percent of the total number of working piles. The number of tests may be increased up to 2 percent as decided by the Engineer -in-Charge in a particular case depending upon nature, type of structure and strata condition.

V. Integrity test : integrity test for all working pile shall be conducted by the contractor

9.2 TEST PILE

I. The test piles for routine load test shall be identified by the Engineer-in-Charge.

II. A minimum time period of four weeks shall be allowed between the time of pile casting and testing Test pile head shall be prepared for testing purposes only one week after casting the pile.

III. The test piles shall be cut off at the proper level and provided with a proper cap so as to provide a plane bearing surface for the test plate and for proper arrangements for seating of the jack and dial gauges.

9.3 VERTICAL LOAD TEST

I. EQUIPMENT AND TEST SET UP

A steel plate of sufficient thickness not less than 50 mm shall be centred on the pile head to prevent it from crushing under applied load. The size of the plate shall neither be less than the pile size nor less than the area covered by the base of the hydraulic jack(s). The datum bars shall be supported on immovable supports preferably of concrete pillars or steel sections placed sufficiently far away from the test pile. The distance shall not be less than 3 times the diameter of test pile and in no case less than 2 metres from the edge of test pile. These supports shall be placed at a sufficient depth below ground to be unaffected by ground movements.

II. LOADING SYSTEM

The test load on the pile shall be applied in one of the following ways as approved by the Engineer-in-Charge.

a. By means of hydraulic jack(s) which obtain reaction from kentledge heavier than the required test load. While using this method care shall be taken to ensure that the centre of gravity of kentledge heavier than the required test load. While using this method care shall be taken to ensure that the centre of gravity of kentledgte is one the axis of the pile. The load applied by the jack(s) shall also be coaxial with the pile. The nearest edge of the crib supporting the kentledge stack shall not be closer than 1.5 metre to the edge of the test pile.

b. By means of hydraulic jack(s) which obtained reaction from anchor piles or/and suitable loading frame. While using this method all anchor piles shall be at a centre to centre distance of at least three times the test pile shaft diameter from the test pile and in no case less than 2 metres. Care shall be exercised to ensure that the datum bar supports are not affected by heaving up of the soil.

c. By means of hydraulic jack(s) which obtain reaction from suitable rock anchors. When this method is adopted, the anchor transferring the load to the ground shall not be closer than two times the test pile shaft diameter to the test pile and in no case less than 1.5 m.

d. By means of combination of kentledge, anchor pile, rock anchors. III. MEASURING SYSTEM Settlement of the pile shall be recorded by four dial gauges placed at diametrically opposite locations and suspended from the datum bar around the pile.

IV. TEST PROCEDURE

The test shall be carried out by the Direct Loading Method in successive increments for routine load test and by the Cyclic Loading Method for initial load test as detailed below and as directed by the Engineer-in-Charge

V. DIRECT LOADING METHOD The test shall be carried out as per the procedure outlined below:

a. The load shall be applied to the pile top in increments (steps) of about 20% of the rated capacity of the pile or as directed by Engineer. Each increment of load shall be applied as smoothly and expeditiously as possible. Settlement reading shall be taken before and immediately after the application of next increment and at 15, 30 minutes and thereafter at every half hour until application of the next load increment.

b. Each stage of loading shall be maintained till the rate of movement of the pile top is not more than 0.2 mm/hr. or until two hours have elapsed whichever is earlier.

c. The rate of movement of pile shall not be permitted to be extrapolated from period of test less than one hour.

d. Loading on pile shall be continued till one of the following takes place:

i. In case of initial load test, applied load reaches three times the assumed safe load or the settlement of pile exceeds a value of 10 per cent of bulb diameter incase of under-reamed pile.

ii. In case of Routine load test, applied load reaches one and half time the safe load or the maximum settlement of test loading in position attains 12 mm.

e. Where yielding of the soil does not occur, the full test load shall be maintained on the pile head for a minimum period of 24 hrs. after the last increment of load and settlement shall be recorded at 6 hours interval during this period.

f. Unloading shall be carried out in the same steps as loading. A minimum period of 30 minutes shall be allowed to elapse between two successive stages of load decrement. The final rebound shall be recorded 6 hours after the entire test load has been removed.

VI. CYCLIC LOADING TEST

The test shall be carried out to find out separately skin friction and point bearing capacity of single pile. However, this test is not applicable for under reamed piles. The test procedure shall be as given below:

a. In general this test shall be conducted on similar lines as mentioned in Direct Loading Method. In addition, alternate loading and unloading up to zero load shall be done in

steps at each stage of loading. The load increment/decrement for each steps shall be 20% of the rated capacity. The readings of all the dial gauges shall be recorded at the end of each step and the total and net settlement for each stage shall be calculated.

b. For each stage, the loading of each steps shall be maintained for 15 minutes before reaching the maximum load. The maximum load for each stage shall be maintained for one hour. The full test load shall be maintained on the pile head for 24 hours.

c. Each step of unloading shall be maintained for 15 minutes and the subsequent rebound in the pile shall be measured accurately.

d. A period of 15 minutes shall be allowed to pass between the successive unloading and loading operations. e. To find out separately skin friction and point bearing capacity of pile the procedure as given in Appendix- A of IS: 2911(Part-4) shall be followed.

VII. ASSESSMENT OF SAFE LOAD

The safe vertical load on single pile from the load test shall be the least of following values:

a. 2/3 of the load at which the total settlement attains a value of 12 mm unless otherwise specified in tender documents.

b. 50% of the final load at which the total settlement equals 10 percent of the pile diameter in case of uniform diameter piles. VIII. HORIZONTAL LOAD TEST

IX. EQUIPMENT AND TEST SET UP

a. The test plate shall be set in high strength grout to provide full bearing against the projected areas of the pile. The size of the test plate shall be adequate to accommodate the spherical bearing and transfer the load to the pile.

b. Sufficient clearance shall be allowed between the test pile and the datum bar for the anticipated lateral movement of the pile when datum bar (for fixing the dial gauge) is located on the opposite side to the point of load application.

X. LOADING SYSTEM

a. Loading shall be applied by a hydraulic jack of adequate capacity equipped with spherical bearing at the top of ram and bearing plate at the bottom side, abutting the pile horizontally and reacting against a suitable system.

b. The reaction may be provided by the wall of the excavated pit when the test is being conducted below ground level or by a neighboring pile, in which case thrust pieces shall be inserted on their end of the jack to make up the gap as approved by the Engineer.

c. Load shall be applied on the pile at or approximately at cut of level (COL).

XI. MEASURING SYSTEM

The deflection shall be measured at a point diametrically opposite to the point of load application. In case such a measurements is not possible, the deflection shall be recorded using at least 2 dial gauges kept at a spacing of 30 cm. at a suitable height and the displacement interpolated at load point from similar triangles. Deflection of the pile at the level of load application shall be measured by dial gauge fixed to datum bar. The datum bar shall rest on immoveable supports as described elsewhere in this specification.

XII. TEST PROCEDURE

The test procedure shall be similar to that for vertical load test. Loading on the pile shall be continued till one of the following takes place:

a. In case of Initial load test applied load reaches thrice the assumed safe lateral load capacity of deflection of pile at the loading point exceeds.

b. In case of Routine load test, applied load reaches one and half times the assumed safe load capacity or a deflection at the loading point exceeds 5 mm.

XIII. ASSESSMENT OF SAFE LOAD

The safe lateral load of single pile shall be the least of following:

a. 50 % of the load for which the total deflection is 12 mm.

b. Load corresponding to 5 mm total deflection.

c. Load corresponding to any other specified displacement as per performance requirement. Pile groups shall be tested under conditions as per actual use in the structure as far as possible. However, for routine test (i) above is not applicable. NOTE: The deflection of pile is at the cut off level of the pile.

9.4 PULL OUT TEST

I. EQUIPMENTS AND TEST SET UP

a. Uplift force may be applied by means of hydraulic jack(s) using a suitable pullout set up as approved by the Engineer.

II. LOADING SYSTEM

a. Load shall be applied along the longitudinal axis of the pile using an approved reaction system. Uplift forces on the pile may be applied directly to the test pile or through a lever system.

b. The reaction may be provided by neighboring piles or blocks constructed for this purpose.

c. The reaction supports/blocks/piles shall be at least 2.5 times the test pile diameter.

III. MEASURING SYSTEM

a. Displacement of the pile shall be recorded using two dial gauges placed at diametrically opposite locations ad suspended from the datum bar around the pile. Datum bar shall be provided with immoveable supports as described elsewhere in this specification.

IV. TEST PROCEDURE

The test procedure shall be similar to that for vertical load test. The loading on pile shall be continued till one of the following takes place.

a. The loading on pile top equals three times the estimated safe load.

b. The load- displacement curves shows a clear break (downward trend).

V. ASSESSMENT OF SAFE LOAD

The safe load of the pile shall be the least of the followings:

a. Two third of the load at which the total displacement is 12 mm.

b. 50% of the load at which the load displacement curve shows a clear break (down work trend).

10.0 RECORDING OF DATA & PRESENTATION

I. The pile test data essentially concerns three variables, namely, load, displacement and time. These are to be recorded sequentially for the tests under consideration and shall be recorded in a suitable tabular form along with the information about the pile as per Annexure-A & B and Table-1.

II. The data may be suitably presented by curves drawn between the variables and safe loads shown on the graphs. Load displacement curve should be an essential part of presentation.

A N N E X U R E - A

P I L E D A T A

1. Reference No. Location(Co-ordinates) ____________Area.

2. Sequence of Piling

3. Pile diameter & Type

4. Working Level (Platform level)

5. Cut Off Level (COL)

6. Actual Length Below COL

7. Pile Termination Level

8. Top Of Finished Concrete Level

9. Date and Time of Start and Completion of Boring

10. Depth of Ground Water Table in the Vicinity

11. Type Of Soil at pile tip

12. Method of Boring Operation

13. Details of Drilling mud as used:

a. Freshly Supplied Mud, Liquid Limit, Sand Content, Density, Marsh Viscosity, Swelling Index, pH value.

b. Contaminated Mud Density, Sand Content.

c. SPT (N) values in soil (from the nearest bore hole) UCS value in rock (from the nearest bore hole)

14. Chiseling, if any From.......................... M. To.......................... M.

15. Date and Time of Start and Completion of concreting.

16. Method of placing concrete.

17. Concrete Quantity: Actual Theoretical

18. Ref. Number of Test Cubes

19. Grade and Slump of concrete

20. Results of Test Cubes

21. Reinforcement Details: Main Reinforcement Stirrups: Type

No.:_________________ No.:_________________ Dia.:________________

Dia.:________________ Depth:_______________ Depth:_______________

22. Any other information regarding obstructions, delay and other interruption to the sequence of work.

1

GEO-TECHNICAL INVESTIGATION REPORT

REPORT NO: GGC/REP/49/2018-19

PROJECT SOIL INVESTIGATION AT DURGA BHAVAN AT MATA VAISHNO DEVI

CLIENT:

SHRINE BOARD KATRA JAMMU

DURATION: DECEMBER 2018

GEO GLOBE CONSULTANTS

Plot No. 528, Industrial Area, Phase 9, Mohali,

Punjab-160062. Contact: 9888608424

Gmail: [email protected]

Website: www.geoglobeconsultant.com

2

GEO TECHNICAL INVESTIGATION FOR

DESIGNING THE FOUNDATION OF PROPOSED

BUILDING OF DURGA BHAVAN MATA VAISHNO DEVI.

3

Contents

Introduction…………………………………………….. 4

Scope of Work…………………………………………. 4

Site……………………………………………………... 4

Ground Water Table…………………………………… 5

Field Investigation……………………………………... 5

Laboratory Investigation………………………………. 7

Interpretation of soil strata…………………………….. 9

Notation Used…………………………………………. 10

Corrected N-Value Chart……………………………… 12

Computation of Bearing capacity……………………… 19

Conclusion & Recommendations……………………… 29

Summary……………………………………………….. 29

Bibliography……………………………………………. 30

Graphs & Charts

Bore Log Sheets………………………………………... 32

Sieve Analysis….………………………………………. 46

Direct shear test………………………………………… 51

4

1.0 Introductions

1.01 The report presented herein deals with result of field and laboratory investigation

carried out to assess the nature of sub-soil strata and to evaluate the bearing

capacity and other parameters for subsequently designing the foundation of

proposed structure at Durga Bhavan MataVaishno Devi.

1.02.1 The work of soil investigations was assigned to M/s Geo Globe Consultants ,

Mohali. (Pb)

2.00 Scope of work

The soil investigation covers the following: -

2.01 Conducting Standard Penetration Test (SPT)and rock drilling 1 to 8 Nos bore hole

up to a depth of 20 m or refusal whichever is earlier.

2.02 Collecting soil samples at various depths as per requirement of the Client from the

bore holes as feasible, for laboratory tests.

2.03 Analyzing the field and laboratory observations.

2.04 Submitting one copies of the soil investigations report and recommending safe

bearing capacity of soil.

3.00 Site

3.01 The Site of Investigation is at Durga Bavan There is no special features which

affected the explorations.

3.02 The location of bore holes was given by the client’s representative who was

with the investigating team till the investigations were over.

5

4.00: Ground Water Table

The depth of ground water table observed in all the 4 Nos bore holes is as

under:-

Sr

No.

Site Name B.H Location Water Table Depth

From NGL

(m)

1 Durga Bhavan BH-1 Nil

2 Durga Bhavan BH-2 Nil

3 Durga Bhavan BH-3 Nil

4 Durga Bhavan BH-4 Nil

5 Durga Bhavan BH-5 Nil

6 Durga Bhavan BH-6 Nil

7 Durga Bhavan BH-7 Nil

8 Durga Bhavan BH-8 Nil

5.0 Field Investigations

The field investigations were conducted to cover the entire scope of the job.

5.01 Boring – operations( IS 1892-1979)

The exploratory bore holes were made by rotary drilling by a rotary rig machine and

by pushing the casing pipe and removing material within the casing. In This system,

boring is effected by the cutting action of a rotating bit which should be kept in firm

contact with the bottom of the hole. The bit is carried at the end of

hollow, jointed drill rods which are rotated by a suitable chuck. A mud-laden fiuid

or grout is pumped continuously down the hollow drill rods and the fluid returns to

the surface in the annular space between the rods and the side of the hole, and so the

protective casing may not be generally necessary. In this method cores may be

obtained by the use of coring tools. To avoid excessive disturbance to the in-situ

6

deposits, the casing was not driven but was rotated frequently with slow motion. The

samples were taken from below the bottom of the casing after completely cleaning

the bore holes of any loose material at all depths wherever the samples had to be

taken. The undisturbed soil samples were taken by pushing thin walled tubes into the

bore holes. Immediately after taking these, they were logged, labeled, sealed in

polythene bag and sent to the laboratory for testing.

Core drilling-core drills were so designed that in sound ‘rock, almost continuous

recovery of core was achieved. Water was circulated down the hollow rods, which

returns outside them, carrying the rock cuttings to the surface as sludge. It was

ensured that boulders, or layers of cemented soils were not mistaken for bed rock.

For This core drilling was carried to a depth of at least 5 m in hard rock in areas

where boulders were known to occur.

5.02 Standard Penetration Test (SPT) ( IS: 2131)

The Standard Penetration Tests were conducted at various depths in the bore holes.

These tests were conducted by driving into the soil a standard split spoon sampler.

This sampler was driven with the help of a hammer weighing 63.5 kg. Which was

vertically guided to fall through a free height of 75cm on the driving head. This

driving head was attached to a drill rod, to the other end of which the sampler was

fitted. The number of blows required to penetrate the first, second and third 15 cm

lengths of the sampler were noted. The number of blow(i.e.N value), as given in the

data sheets of bore holes, is the numerical value for the number of blows counted

during the second and third stages i.e. for a depth of 30 cms. The procedure adopted

for conducting this test was as per IS: 2131. The observed N values for all the

boreholes have been noted down in tables. These values were corrected for over

burden pressure.

5.03 DYNAMIC CONE PENETRATION TEST (IS : 4968 – Part – 3 )

7

Dynamic cone penetration value ( cd ) is the resistance offered by a 60 mm cone

for a 300 mm penetration when driven by a 65 kg weight with a 750 mm free fall.

Assembly should consists of cone threaded to the driving rod. The hammer head

should joined to the other end of the rod and a guide rod, 150 cms long, connected to

the hammerhead. The assembly shall be kept vertical. The cone shall then be driven

into the soil using the 65kgs hammer falling through the free fall of 750 mm. The

number of blows required for every 100 mm penetration shall be recorded. The test

will be continued to the required depth

6.00 Laboratory Investigations

6.01 The laboratory tests were conducted on selected soil samples recovered from the test

bore holes. The results obtained have been given in the various tables at the end of

the report.

6.03: Grain Size Analysis: ( IS 2720 part 4)

Grain Size analysis was carried out on Disturbed and undisturbed Samples

obtained during boring operation. Percentage of sand and combined Silt and Clay

were determined from this analysis. The test was carried out as per IS: 2720 (Part

IV)

6.04: Liquid Limits and Plastic Limits( IS 2720 part 5)

To obtain an idea about the consistency characteristics of materials met with at

various elevations, the liquid limits and plastic limits of fine fractions were

evaluated as per procedure laid down in IS : 2720 (Part-V). These values have been

recorded only in the case of plastic samples (cohesive soils), on the bore hole data.

6.05 The wet density and grain size analysis was done for the samples taken as per

IS : 2720 (Part IV)

6.06 Direct Shear Test( IS 2720 part 13):1986

This test was performed in a shear-box apparatus. The apparatus consisted of

two-piece shear box of square cross-section. The lower half of the box was rigidly

held in positions in a container which rested over rollers and which was pushed

forward at a constant rate by a geared jack, driven by an electric motor. The upper

half of the box butted against a proving ring. The soil sample was compacted in the

shear box and was held between metal grids and porous stones. Normal load was

applied on the pressure pad. The shearing strain was made to increase at constant

8

rate. The shear force at failure corresponding to the applied normal load was

measured with the help of the proving ring. A number of identical specimens were

tested under increasing normal loads and the required maximum shear force was

recorded and a graph was plotted between shear force as the ordinate and normal

load as the abscissa to get the failure envelops and the value of C &

6.07 Unconfined Compression Test : (IS : 2720 Part 10) is carried out on cylindrical

sample of cohesive soil of dia 3.8 cm as per guidelines given in code.

6.08 Triaxial Compression Test ( IS 2720 part 11)

A triaxial compression test is the most versatile test available for the shear testing of

soil. In this test a soil specimen , cylindrical in shape was subjected to direct

stresses acting in three mutually perpendicular directions by means of triaxial

apparatus comprises of triaxial cell and loading frame. The major principal stress

was applied in the vertical direction and the other two principal stresses were applied

in the horizontal directions by the fluid pressure all around the specimen .the test

was performed on cylindrical specimen of dia 38 mm. The height of the specimen

was twice the dia. Shearing processes were started immediately without any

consolidation and without allowing any drainage of water. In this way no drainage or

dissipation of pore water pressure from soil specimen took place during the entire

testing time.

7.03) CONSOLIDATION TESTS ( IS 2720 part 15)

The consolidation tests were carried out on undisturbed soil specimen in order to

determine the settlement characteristics of soil at different depths. The tests is

conducted in accordance to IS : 2720 (Pt-XV).

An undisturbed soil specimen was extruded to the consolidation ring of 60mm dia.

The edge was trimmed carefully such that the sample was flushed with the top and

bottom edges of the ring. The thickness of the specimen was measured and the

weight was recorded. The bottom porous stone was then centered on the base of the

consolidation cell. The specimen was then placed centrally between the bottom

porous stone and the upper porous stone. A filter paper was provided in between

specimen and porous stones. Then the loading cap was placed on the top. The

consolidometer was placed in position in the loading device and suitably adjusted.

The dial gauge is then clamped into position for recording the relative movement

between the base of the cell and the loading cap. A seating pressure of 0.05 kg/cm2

9

was applied to the specimen. The cell was kept filled with water. After 24 hr. the test

was continued further using a loading sequence on the soil specimen of 0.25, 0.5,

1.0, 2.0, 4.0, & 8.0

kg/cm2. For each loading increment after application of load, readings of the dial

gauge was taken using time sequence 0, 0.25, 1, 2.25, 2, 6.25, 9, 16, 25, 36, 49 ... up

to 24 hrs. From the observations of all incremental pressures, void ratio versus log

(pressure) curve was obtained. The slope of the straight line portion was designated

as compression index cc

7.0 Interpretation of Soil Strata

i) On perusal of the strata chart (Table-1to 8) indicates the sub-soil strata at

the site is heterogeneous in nature

ii) Bore hole location No. 1-2-3-6 the majority of soil strata from NGL to

5 m encountered was hard rock & Fractured rock .

iii) Bore hole location No. 4-the majority of soil strata from NGL to

average of 8 m loose filling material was encountered beyond that

average upto 6 m soft and fractured rock was encountered following upto

10 m hard rock was encountered.

iv) Bore hole location No. 5-the majority of soil strata from NGL to

average of 10 m loose filling material was encountered beyond that

average upto 16 m fractured rock was encountered following upto 23 m

hard rock was encountered.

iv) Bore hole location No. 7-the majority of soil strata from NGL to

average of 10 m loose filling material was encountered beyond that

average upto 16 m fractured rock was encountered following upto 23 m

hard rock was encountered.

vi) Bore hole location No. 8-the majority of soil strata from NGL to

average of 3 m loose filling material was encountered beyond that

average upto 13.5 m fractured rock was encountered following upto 19 m

hard rock was encountered.

10

NOTATIONS USED

NSL - Natural Surface Level

SSWL - Sub-soil Water Level

B - Width of Footing

L - Length of Footing

D - Depth of Footing

P - Effective Pressure

P0 - Initial Effective Pressure at mid height of layer

∆P - Pressure Increment

q - Effective Surcharge at Base Level of foundation

Pn - Net Loading Intensity

qnf - Net Ultimate Bearing capacity

qa - Allowable b.c.

qns - Net safe b.c. against Shear Failure

N - SPT Value

Nn - Normalised SPT Value

CN - Correction Factor for N-Value

NC - Corrected SPT Value

CL - Clay of low plasticity

ML - Silt of low plasticity

SP - Poorly Graded Sand with no fines

SM - Silty Sand, Poorly Graded Sand-Silt Mixture

SW - Well Graded Sand with no fines

GW - Well Graded Gravels

GP - Poorly Graded Gravels

GM - Silty Gravels

GSF - General Shear Failure

LSF - Local Shear Failure

GC - Clayey Gravels

SC - Clayey Sands

MI - Silt of Medium Plasticity

11

CI - Clay of Medium Plasticity

MH - Silt of High Plasticity

CH - Clay of High Plasticity

M(NP) - Non Plastic Silt

ML-CL - Mixture of ML and CL

- Angle of Internal Friction

' - Effective Angle of Internal Friction

m - Mobilised Angle of Internal Friction

Nc,Nq,Nγ - Bearing Capacity Factors

Sc,Sq,Sγ - Shape Factors

dc,dq,d γ - Depth Factors

w’ - Moisture Content

γ - Bulk Unit Weight

γsat - Saturated Bulk Unit Weight

γd - Dry Bulk Density

γ’ - Submerged Unit Weight

qu - Unconfined Compressive Strength

Cu - Undrained Shear Strength

C’ - Effective Cohesion

G - Specific Gravity

H - Thickness of Soil Layer

Ht - Thickness of sandy layer

Bt - Top width of sandy layer

∆Pt - Stress increment at top of sandy layer

Df - Depth factor

Lyf - Lateral yield factor

Rf - Rigidity factor

So - Settlement due to net unit foundation loading

intensity (1 Kg/Cm2)

Sob - Settlement due to net unit foundation loading

intensity under submerged conditions (1Kg/Cm2)

St - Total settlement

e0 - Void Ratio

FOS - Factor of Safety

LL - Liquid Limit

PL - Plastic Limit

12

CC - Compression Index

PI - Plasticity Index

DETERMINATION OF THE CORRECTED N-VALUES

BH – 1

Sr.

No

Depth

Below

NGL

SPT

N-Value

Corrected

N-value Overburden

pressure

t/m2

Remarks

15 cm 30cm NC

1 0.0m 12 10 15 25 2.121

Boulder

2 1.5 Refusal Refusal Refusal >100 >100 - Soft Rock

3 3 Refusal Refusal Refusal >100 >100 -

-

Soft Rock

4 4.5 Refusal Refusal Refusal >100 >100 - Soft Rock

5 6.0 Refusal Refusal Refusal >100 >100 -

-

Fractured Rock

6 7.5 Refusal Refusal Refusal >100 >100 - Fractured Rock

7 9.0 Refusal Refusal Refusal >100 >100 -

-

Fractured Rock

8 10.0 Refusal Refusal Refusal >100 >100 - Fractured Rock

9 12.0 Refusal Refusal Refusal >100 >100 -

-

Fractured Rock

10 13.5 Refusal Refusal Refusal >100 >100 - Fractured Rock

11 15.0

Refusal

Refusal Refusal >100 >100 -

-

Fractured Rock

12 16.5 Refusal Refusal Refusal >100 >100 - Hard Rock

13 18.0 Refusal Refusal Refusal >100 >100 -

-

Hard Rock

14 19.5 Refusal Refusal Refusal >100 >100 - Hard Rock

15 22.0 Refusal Refusal Refusal >100 >100 -

-

Hard Rock

13

DETERMINATION OF THE CORRECTED N-VALUES

BH – 2

Sr.

No

Depth

Below

NGL

SPT N-Value

Overburd

en

pressure

t/m2

Correcte

d

N-value

Overburden

pressure

t/m2

Remark

s

15 cm 30cm

Correct

ed

N-value

1 0.0m Refusal Refusal Refusal >100 >100 - Boulder

2 1.5 Refusal Refusal Refusal

>100 >100 -

-

Hard

Rock

3 3 Refusal Refusal Refusal >100 >100 - Hard

Rock

4 5.0 Refusal Refusal Refusal >100 >100 -

-

Hard

Rock

DETERMINATION OF THE CORRECTED N-VALUES

BH – 3

Sr.

No

Depth

Below

NGL

SPT N-Value

Overburd

en

pressure

t/m2

Correcte

d

N-value

Overburd

en

pressure

t/m2

Remarks

15 cm 30cm

Correct

ed

N-value

1 0.1 Refusal Refusal Refusal >100 >100 - Boulder(Filling)

2 1.5 Refusal Refusal Refusal

>100 >100 -

-

Hard Rock

3 3 Refusal Refusal Refusal >100 >100 - Hard Rock

4 5.0 Refusal Refusal Refusal >100 >100 -

-

Hard Rock

14

5 6.0 Refusal Refusal Refusal >100 >100 - Hard Rock

DETERMINATION OF THE CORRECTED N-VALUES (DCPT)

BH – 4

Sr.

No

Depth

Below

NGL

SPT N-Value

Overburd

en

pressure

t/m2

Corrected

N-value Overbur

den

pressure

t/m2

Remarks

15 cm 30cm

Correct

ed

N-value

1 1.5 14 5 7 12 18.0 2.121 (Filling)

2 3.0 18 20 24 44 56.0 4.303 (Filling)

3 4.0 Refusal Refusal Refusal >100 - - (Filling)

4 6.0 Refusal Refusal Refusal >100 -

-

-

-

Soft Rock

5 7.5 Refusal Refusal Refusal >100 - - Soft Rock

6 9.0 Refusal Refusal Refusal >100 -

-

-

-

Fractured

Rock

7 10.0 Refusal Refusal Refusal >100 - - Hard Rock

8 12.0 Refusal Refusal Refusal >100 - - Hard Rock

9 13.5 Refusal Refusal Refusal >100 -

-

-

-

Hard Rock

10 15.0 Refusal Refusal Refusal >100 - - Hard Rock

15

DETERMINATION OF THE CORRECTED N-VALUES (DCPT)

BH – 5

Sr.

No

Depth

Below

NGL

SPT N-Value

Overburd

en

pressure

t/m2

Correct

ed

N-value

Overburden

pressure

t/m2

Remarks

15 cm 30cm

Correct

ed

N-value

1 1.5 Refusal Refusal Refusal >100 >100 -

-

Boulder

(Filling)

2 3.0 Refusal Refusal Refusal >100 >100 - Boulder

(Filling)

3 4.5 Refusal Refusal Refusal >100 >100 -

-

Boulder

(Filling)

4 6.0 Refusal Refusal Refusal >100 >100 - Boulder

(Filling)

5 7.5 Refusal Refusal Refusal >100 >100 - Boulder

(Filling)

6 9.0 Refusal Refusal Refusal >100 >100 -

-

Boulder

(Filling)

7 10.5 Refusal Refusal Refusal >100 >100 - Boulder

(Filling)

8 12.0 Refusal Refusal Refusal >100 >100 -

-

Fractured

Rock

9 13.5 Refusal Refusal Refusal >100 >100 - Fractured

Rock

10 15.0 Refusal Refusal Refusal >100 >100 -

-

Fractured

Rock

11 16.5 Refusal Refusal Refusal >100 >100 - Fractured

Rock

12 18.0 Refusal Refusal Refusal >100 >100 - Hard Rock

13 19.5 Refusal Refusal Refusal >100 >100 -

-

Hard Rock

14 21.0 Refusal Refusal Refusal >100 >100 - Hard Rock

15 23.0 Refusal Refusal Refusal >100 >100 -

-

Hard Rock

16

DETERMINATION OF THE CORRECTED N-VALUES (DCPT)

BH – 6

Sr.

N

o

Depth

Below

NGL

SPT

N-Value

Corrected

N Overbur

den

pressure

t/m2

Remarks

15 cm 30cm

Corre

cted

N

1 1.5 Refusal Refusal Refusal >100 >100 -

-

Fractured Rock

2 3.0 Refusal Refusal Refusal >100 >100 - Fractured Rock

3 4.5 Refusal Refusal Refusal >100 >100 - Fractured Rock

4 6.0 Refusal Refusal Refusal >100 >100 -

-

Fractured Rock

5 7.5 Refusal Refusal Refusal >100 >100 - Fractured Rock

6 9.0 Refusal Refusal Refusal >100 >100 -

-

Fractured Rock

7 10.5 Refusal Refusal Refusal >100 >100 - Fractured Rock

8 12.0 Refusal Refusal Refusal >100 >100 -

-

Hard Rock

9 13.5 Refusal Refusal Refusal >100 >100 - Hard Rock

10 15.0 Refusal Refusal Refusal >100 >100 - Hard Rock

11 17.0 Refusal Refusal Refusal >100 >100 -

-

Hard Rock

17

DETERMINATION OF THE CORRECTED N-VALUES (DCPT)

BH – 7

Sr.

No

Depth

Below

NGL

SPT

N-Value

Corrected

N

Overburden

pressure

t/m2

Remarks

15 cm 30cm 45cm

1 1.5 Refusal Refusal Refusal >100 >100 -

-

Boulder

(Filling)

2 3.0 Refusal Refusal Refusal >100 >100 - Boulder

(Filling)

3 4.5 Refusal Refusal Refusal >100 >100 -

-

Boulder

(Filling)

4 6.0 Refusal Refusal Refusal >100 >100 - Boulder

(Filling)

5 7.5 Refusal Refusal Refusal >100 >100 - Boulder

(Filling)

6 9.0 Refusal Refusal Refusal >100 >100 -

-

Fractured Rock

7 10.5 Refusal Refusal Refusal >100 >100 -

-

Fractured Rock

8 12.0 Refusal Refusal Refusal >100 >100 - Hard Rock

9 13.5 Refusal Refusal Refusal >100 >100 -

-

Hard Rock

10 15.0 Refusal Refusal Refusal >100 >100 - Hard Rock

11 16.0 Refusal Refusal Refusal >100 >100 - Hard Rock

18

DETERMINATION OF THE CORRECTED N-VALUES (DCPT)

BH – 8

Sr.

N

o

Depth

Below

NGL

SPT

N-Value

Corrected

N

Overbur

den

pressure

t/m2

Remarks

15 cm 30cm 45cm

1 1.5 12 15 17 32 48 2.16

Boulder (Filling)

2 3.0 10 14 16 30 37 4.762 Boulder (Filling)

3 4.5 Refusal Refusal Refusal >100 >100 -

-

Fractured Rock

4 6.0 Refusal Refusal Refusal >100 >100 - Fractured Rock

5 7.5 Refusal Refusal Refusal >100 >100 -

-

Fractured Rock

6 9.0 Refusal Refusal Refusal >100 >100 - Fractured Rock

7 10.5 Refusal Refusal Refusal >100 >100 - Fractured Rock

8 12.0 Refusal Refusal Refusal >100 >100 -

-

Fractured Rock

9 13.5 Refusal Refusal Refusal >100 >100 - Fractured Rock

10 15.0 Refusal Refusal Refusal >100 >100 -

-

Hard Rock

11 17.5 Refusal Refusal Refusal >100 >100 - Hard Rock

12 19.0 Refusal Refusal Refusal >100 >100 - Hard Rock

19

Computation of Bearing Capacity(1-2-3-6) footing Size 1.5x1.5

Location : Durga Bhavan

For bearing capacity computations for the isolated Footing is considered at 1.5-

m below the ground level (NGL)

Mode of computation

As per shear failure consideration

Local shear failure consideration

Type of foundation = Isolated Foundation

Width of foundation = 1.5 m

Depth of foundation = 1.5 m

Governing Soil Parameters

C = 0 kg/cm2

= 37°,

(A) Shear failure Considerations:

Relevant B.C factors are

Nq 42.92 Sq 1.2 dq 1.2

N 66.19 S 0.80 d 1.2

Net Ultimate b.c

qnf = q (N’q-1) Sq dq + 0.5 Bγ N’y Sy dy W'

= 262.24

Net Safe b.c

‘qns’ = 104.90 t/m2 (f.o.s = 2.5)

Settlement Consideration (IS: 8009 (Part-I)-1976,

Reaffirmed 1998)

Nav =50

Corresponding settlement =5.0

permissible settlement =25

bc works out to be =25x10/5.0

= 50 t/m2

20

Computation of Bearing Capacity(1-2-3-6) Footing 2x2

Location : Durga Bhavan

For bearing capacity computations for the isolated Footing is considered at 2.0

x2.0- m below the ground level (NGL)

Mode of computation

As per shear failure consideration

Local shear failure consideration

Type of foundation = Isolated Foundation

Width of foundation = 2 m

Depth of foundation = 2 m

Governing Soil Parameters

C = 0 kg/cm2

= 37°,

(A) Shear failure Considerations:

Relevant B.C factors are

Nq 42.92 Sq 1.2 dq 1.2

N 66.19 S 0.80 d 1.2

Net Ultimate b.c

qnf = q (N’q-1) Sq dq + 0.5 Bγ N’y Sy dy W'

= 357.58

Net Safe b.c

‘qns’ = 143.03 t/m2 (f.o.s = 2.5)

Settlement Consideration (IS: 8009 (Part-I)-1976,

Reaffirmed 1998)

Nav =50

Corresponding settlement =4.85

permissible settlement =25

bc works out to be =25x10/4.85

= 51.5 t/m2

Computation of Bearing Capacity BH (4-8) Footinfg size 2x2 ,

Location : Durga Bhavan

21

For bearing capacity computations for the isolated Footing is considered at 2x2

m below the ground level (NGL)

Mode of computation

As per shear failure consideration

Local shear failure consideration

Type of foundation = Isolated Foundation

Width of foundation = 2 m

Depth of foundation = 3-4 m

Governing Soil Parameters

C = 0 kg/cm2

= 37°,

(A) Shear failure Considerations:

Relevant B.C factors are

Nq 42.92 Sq 1.2 dq 1.3

N 66.19 S 0.80 d 1.3

Net Ultimate b.c

qnf = q (N’q-1) Sq dq + 0.5 Bγ N’y Sy dy W'

= 589.93

Net Safe b.c

‘qns’ = 235.97 t/m2 (f.o.s = 2.5)

Settlement Consideration (IS: 8009 (Part-I)-1976,

Reaffirmed 1998)

Nav =50

Corresponding settlement =4.85

permissible settlement =25

bc works out to be =25x10/4.85

= 51.5 t/m2

22

Pile Capacity Calculations (4--7-8) PILEDEPTH 12 M , DIA 0.45

The area comprises of loose filling material up to certain depths depicted in the tables as above .

Therefore pile foundation is recommended .

.

PILE CALCULATIONS

Q u =q Nq Ap + Σ in K ( σ ͞ v ) i tan δ ( A s ) i

ave =35 °, = 20 KN/ m3

K= 1, L=12 m. Pile Dia = 450 mm

D c / B=10

D c =0.45x 10=4.5 m

Maximum Value of ͞ σ v =4.5x20==90KN/m2

the value of Nq =52 from Berezontzev curve

Qu =90 x52 x3.142/4x( .45) 2

+ K tan δ( area of σ v diagram) x pile

perimeter.

= 744.32+1.0x .49 x( ½ x90 x4.5+ 90x7.5) x3.142x 0.45

744.32+ .49(202.5+1519.42)x1.41

Qu =1189.67 KN

Qa =475.86 KN( F.O.S=2.5)

Qa =47.58 Ton

PILEDEPTH 12 M , DIA 600,mm

PILE CALCULATIONS

23

Q u =q Nq Ap + Σ in K ( σ ͞ v ) i tan δ ( A s ) i

ave =35 °, = 20 KN/ m3

K= 1, L=12 m. Pile Dia = 600 mm

D c / B=10

D c =0.6x 10=6.0 m

Maximum Value of ͞ σ v =6x20==120KN/m2

the value of Nq =52 from Berezontzev curve

Qu =120 x52 x3.142/4x( .6) 2

+ K tan δ( area of σ v diagram) x pile

perimeter.

= 1764.5+1.0x .49 x( ½ x120 x6+ 120 x6) x3.142x 0.6

Qu =2686 KN

Qa =1074.4 KN ( F.O.S=2.5)

Qa =107 Ton

To obtain greater capacity the pile size can be altered

Pile Capacity Calculations (BH-5-)Depth 10 m pile dia 450 mm

PILE CALCULATIONS

Q u =q Nq Ap + Σ in K ( σ ͞ v ) i tan δ ( A s ) i

ave =35 °, = 20 KN/ m3

K= 1, L=12 m. Pile Dia = 450 mm

24

D c / B=10

D c =0.45x 10=4.5 m

Maximum Value of ͞ σ v =4.5x20==90KN/m2

the value of Nq =52 from Berezontzev curve

Qu =90 x52 x3.142/4x( .45) 2

+ K tan δ( area of σ v diagram) x pile

perimeter.

= 744.42+1.0x .49 x( ½ x90 x4.5+ 90x5.5) x3.142x 0.45

744.42+ .49(202.5+495)x1.41

Qu =1079 KN

Qa =431.68 KN =432 KN( F.O.S=2.5)

Qa =43 Ton

Pile Capacity Calculations (BH-5-)Depth 10 m PILE DIA 600 mm

PILE CALCULATIONS

Q u =q Nq Ap + Σ in K ( σ ͞ v ) i tan δ ( A s ) i

ave =35 °, = 20 KN/ m3

K= 1, L=12 m. Pile Dia = 600 mm

D c / B=10

D c =0.6x 10=6.0 m

Maximum Value of ͞ σ v =6x20==120KN/m2

the value of Nq =52 from Berezontzev curve

Qu =120 x52 x3.142/4x( .6) 2

+ K tan δ( area of σ v diagram) x pile

perimeter.

25

= 1764.5+1.0x .49 x( ½ x120 x6+ 120 x4) x3.142x 0.6

1764.5+ .49(202.5+495)x1.41

Qu =2481 KN

Qa =992.53 KN =993 KN( F.O.S=2.5)

Qa =99 Ton

Calculation of Uniaxial compressive strength. Of Rock As per IS 8764: 1998

Ave. P( Point Load Test Value)=21.22.

qc == 22x I s 50 MPa

where I s 50 = (P x100)/ (D ¹· ⁵ ) (50)· ⁵ MPa

there fore I s 50 = ( 21.22 x100)/ (54¹· ⁵)· ⁵ (50 )· ⁵ =15 Mn/m 2

qc = 22x15= 330 Mn/m 2

Calculation of load carrying capacity of Socketed pile in Rock

1) Load carrying capacity of pile: Dia 450 mm, ,

socket length = 3D ,

Socket resistance can be taken into account since the pile is to be socketed.

Qs = qcNjNdAp+ qcπDls α β ( IS 14593:1998)

Qs = safe load capacity of pile

qc,= Uniaxial Compressive Strength In T/m²

Nd= depth factor =0.8+0.2 ls/D = 0.8+.2x1.35/.45=1.4

Ap=area po pile toe

D= diameter of pile =0.45 m

ls= socket length in to rock=3D=1.35m

α=rock socket slide resistance reduction factor , generally taken as 0.05

β = rock socket correction factor, taken as 0.8 to 1

Nj=values as per IS 12070 =0.4

26

Ap= pile area

qc,= 330 MPa, but should not be taken more than 5 MPa or 5000 KN / m² as per IS code.

Therefore Qs = 500x 0.4x1.4xπx(.45)²/4+500xπx0.45x.05x1

=44.53+35.34=79.87

Pile Dia 600 mm

Qs = qcNjNdAp+ qcπDls α β ( IS 14593:1998)

Qs = safe load capacity of pile

qc,= Uniaxial Compressive Strength In T/m²

Nd= depth factor =0.8+0.2 ls/D = 0.8+.2x1.8/.6=1.40

Ap=area po pile toe

D= diameter of pile =0.6 m

ls= socket length in to rock=3D=1.8 m

α=rock socket slide resistance reduction factor , generally taken as 0.05

β = rock socket correction factor, taken as 0.8 to 1

Nj=values as per IS 12070 =0.4

Ap= pile area

qc,= 330 MPa, but should not be taken more than 5 MPa or 5000 KN / m² as per IS code.

Therefore Qs = 500x 0.4x1.40xπx(.6)²/4+500xπx0.6x.05x1

=79.17+47.12=126.3 Ton

Lateral Load Capacity of Pile:-Pile Dia 600 mm Lateral Load capacity of Pile (IS 2911 (Part 1/Sec 2) : 2010)

Length of embedded pile L = 10 m

Diameter of pile = 600 mm =0.6 m

E, Young’s Modulus of pile material =25000000 kn/m2

Moment of Inertia of pile =0.006m4 Pile head condition = Fixed head

Stiffness Factor R

Terzaghi’s modulus of sub grade rection k1

27

Unconfined compression strength = 10 KN/m2

From table 4 : for Medium stiff soil k1 =45000 KN/m3

( IS CODE : IS 2911 PART 1 SECT)

K =15000 KN/M2

R = 2.02m (C-2.3.1 . : IS 2911 PART 1 SECTION 2: 2010) As per table 5, L > 3.5 R , Pile will be long elastic pile

Determination of deflection and moments due to relatively small lateral loads depth of virtual fixity Zf

Distance between point of application of load and cut off level =0 Therefore L1 = 0

L1/R = 0 Lf/R = 2.2 ( from graph)

Lf = 4.44 m

Assume permissible deflection= 5mm knowing the equivalent cantilever & pile head deflection, the lateral load

H= y12EI

(L1+Lf) 3

H = 102.46 KN =10.2 T=4.08 T ( F.O.S=2.5) Depth of fixity

T=5√EI/ñh

ηh =0.3 kn/m3 granular soil

E =25 Mpa

I = .006 m4

=1.7

from graph Lf /T =2.2

Lf =Tx 2.2

=.87*2.2 =1.89 m

Lateral Load Capacity of Pile:-Pile Dia 450 mm Lateral Load capacity of Pile (IS 2911 (Part 1/Sec 2) : 2010)

Length of embedded pile L = 10 m

Diameter of pile = 450 mm =0.45 m

28

E, Young’s Modulus of pile material =25000000 kn/m2

Moment of Inertia of pile =0.002m4 Pile head condition = Fixed head

Stiffness Factor R

Terzaghi’s modulus of sub grade rection k1

Unconfined compression strength = 10 KN/m2

From table 4 : for Medium stiff soil k1 =45000 KN/m3

( IS CODE : IS 2911 PART 1 SECT)

K =20000 KN/M2

R = 1.5m (C-2.3.1 . : IS 2911 PART 1 SECTION 2: 2010) As per table 5, L > 3.5 R , Pile will be long elastic pile

Determination of deflection and moments due to relatively small lateral loads depth of virtual fixity Zf

Distance between poit of application of load and cut off level =0 Therefore L1 = 0

L1/R = 0 Lf/R = 2.2 ( from graph)

Lf = 3.37m

Assume permissible deflection= 5mm knowing the equivalent cantilever & pile head deflection, the lateral load

H= y12EI

(L1+Lf) 3

H = 77.85 KN =7.7 T=3.08 T ( F.O.S=2.5)

Depth of fixity

T=5√EI/ñh

ηh =0.3 kn/m3 granular soil

E =25 Mpa

I = .002 m4

T=0.69

from graph Lf /T =2.2

Lf =Tx 2.2

=0.69*2.2 =1.51 m

Conclusions and Recommendations

29

On the basis of field & laboratory investigation & calculation for

bearing capacity values following reference have been drawn.

The value of allowable b.c to be adopted for design consideration at

different depths are as follows

This is the general recommendation. The designer may change the

recommendation & he may decide the depth of the foundation & type of

foundation as per the structural details of structure.

SUMMARY

S.

No.

Location

width of

fdn

(B )

m

Pile

Dia

(m)

Depth

from

NGL m

Pile

Depth

(m)

Type of

Fondation (qa)Net

t/m2

Pile

capacity

Ton

1

BORE

HOLE

NO

1-2-3-6

1.5m

1.5

Isolated 50.

2

BORE

HOLE

NO

1-2-3-6

2 m

1.5

Isolated 51.5

3

BORE

HOLE

4-8 2 m

3-4 m

Isolated 51.5

4

BORE

HOLE

NO

4-7-8

0.45

12

Pile

Foundation

48

30

5

BORE

HOLE

NO

4-7-8

0.6

12 Pile

Foundation 107

6

BH 5

0.45

10 Pile

Foundation

43

7

BH 5

0.6

10 Pile

Foundation

99

8

BORE

HOLE

NO

4-7-8

0.45

10 Socketed

pile

79.87

9

BORE

HOLE

NO

4-7-8

0.6

10 Socketed

pile

117.8

10

BORE

HOLE

NO

4-7-8

0.6

10 Lateral

pile

4

11

BORE

HOLE

NO

4-7-8

0.45

10 Lateral

pile

3

31

Bibliography:-

1) ( IS 1892-1979) : Code of practice for subsurface investigation for foundations

2) ( IS: 2131) : Code of practice for Standard Penetration test

3) ( IS 2720 part 4) : Methods os test for soils part 4 ,grain size analysis

4) ( IS 2720 part 5) : Methods os test for soils part 5 Determination of liquid and

plastic limits

5) ( IS 2720 part 10) : Methods os test for soils part 10, determination of

unconfined compression test.

6) ( IS 2720 part 11) : Methods os test for soils part 10, determination of

unconfined compression test, determination of shear strength parameters of soil

specimen tested in unconsolidated undrained triaxial compression without the

measurement of pore water pressure (amendment 3) Reaffirmed 1990 CED 23

32

7) ( IS 2720 part 15) : Methods os test for soils part 15, Determination of

consolidation properties.

8) ( IS 2720 part 13) : Methods of test for soils part 13, Direct Shear Test.

9) ( IS 6403 -1981) : Code of practice for determination of bearing capacity

of shallow foundations .

10) Settlement Consideration : (IS: 8009 (Part-I)-1976 Reaffirmed 2003),

11) (IS 2911 PART -2) Design of piles

12) ( IS 14593:1998) Socketed Piles

13) (IS 8764: 1998) uniaxial capacity

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

51

52

53

54

55

56

57

58

59

60

61

62

63

64

65

66

67

PREAMBLE TO Bill of quantities 1.0. GENERAL

1.1. The Tenderers shall note that the quantities of the different Items, as given in the "Bill of quantities " are tentative and are subject to variation and they shall not be entitled to claim any higher rate or compensation on this account. Owner / Consultant reserves the right to change / modify the size and type of sections at any time. Owner / Consultant does not guarantee work under each item of the Schedule of Quantities. The total quantum of work may vary up to ± 25% on either side and nothing extra will be paid on this account. Quantum of individual item may vary to any extent. SMVDSB reserves right to omit or add any item of work in the Bill of quantities during the currency of contract depending upon its requirement to complete the work. Such decision of SMVDSB shall be binding upon the contractor.

1.2. The Tenderer shall be fully responsible for the correct setting out and execution of the work in accordance with approved drawings which will be supplied to them progressively as the work progresses. . All tools, tackles, construction equipments etc., required for the successful execution / construction of the complete work, shall be the responsibility of the Tenderer.

1.3. The quantities given in the "Schedule of Rates ( BOQ)" are approximate and are given only for the guidance for quoting rates. Payments on bills shall, however, be made on actual measurements of quantities of work done as per approved drawings.

1.4. The rates to be inserted in the "Schedule of Rates ( BOQ)" are to be inclusive of the value of the work described under several items including all costs and expenses which may be required for the construction of the work described together with all taxes (including GST), general risks, liabilities and obligations such as temporary buildings / hutments, fencing, watching, lighting, insurance, labour regulations, indemnity, maintenance and the like. The prices shall be inclusive of all labours, materials, tools, plants, equipment, hoists, tackles, scaffoldings, the sundries, etc., as may be necessary for the completion of the work in all respects.

1.5. No work shall be undertaken at site until detailed approved drawings have been issued by the Owner / Consultant in writing. Subsequent revision in the drawings which become necessary shall be incorporated and revised drawings issued to the Contractor who shall execute the work as per the latest revised drawings. Nothing extra will be paid on this account and no

claim whatsoever will be entertained on this account. The Owner / Consultant reserves to themselves the right to modify / revise / alter etc. in any drawing supplied to the Contractor.

1.6. Any construction done before final approval of the drawings shall be the Contractor's responsibility.

1.7. The term "Design and drawings" mentioned in the description of Items in the "Schedule of Rates" means the detailed approved design drawings marked "Good for Construction".

1.8. The work "As described", "As shown", "As directed" or "As approved", "As mentioned" in the description of Items shall mean as directed in design or detailed drawings and as directed by the Engineer-in-Charge

1.9. The Owner shall furnish the Contractor with only reference points of the job site and a level bench mark, and the Contractor shall at his own cost and initiative, set out the works to the satisfaction of the Engineer-in- Charge but shall solely be responsible for the accuracy of such setting up not withstanding satisfaction as aforesaid of the Engineer-in-Charge or any other assistance rendered by the Engineerin-Charge for the purpose.

1.10. The Contractor shall provide, fix and be responsible for the maintenance of all stakes, templates, level marks, profiles and the like and shall take all precautions necessary to prevent their removal or disturbance, and shall be responsible for the consequence of such removal or disturbance and for their efficient and timely reinstatement. The Contractor shall also be responsible for the maintenance of all survey marks, boundary marks, distance marks and centre line marks, whether existing or supplied / fixed by the Contractor

1.11. Before commencing the work, the Contractor shall at his own cost and initiative provide all necessary references, level posts, pegs, bamboos, flags, ranging rods, strings and other materials for proper layout of the work in accordance with the scheme for fixing bench marks acceptable to the Engineer-in-Charge. The centre of longitudinal or face line and cross line shall be marked by means of small masonry pillars. Each pillar shall have distinct mark at the center to enable a TOTAL STATION to be set over it. No work shall be started until all these points are approved by the Engineer-in-Charge in writing.

But such approval shall not relieve the Contractor of any of his responsibilities in respect of the adequacy or accuracy, thereof. The Contractor shall also provide all labour, material and other facilities

necessary for the proper checking of layout and inspection of the points during construction.

1.12. Pillars bearing geodetic marks located at the site / unit of works under construction should be protected and fenced by the Contractor.

1.13. On completion of works, the Contractor must submit to the Engineer-in-Charge the geodetic documents according to which the work was carried out.

1.14. The Contractor shall be exclusively responsible for the provision and maintenance of horizontal and vertical alignments and levels and for the correctness of every part of the work in accordance there with and shall at his own cost rectify any errors or imperfections therein.

1.15. The Contractor shall at all times during the progress and continuance of the works be responsible for and effectively maintain and uphold in good, substantial, sound and perfect condition of all / and every part of works and shall make good from time to time and at all times as often as

1.16. For details of works, materials and workmanship, attention is invited to the "Schedule of Rates", Scope Drawings, Special Conditions of Contract, Materials and Job Specifications etc. and the Tenderers must quote the rates keeping in full view the requirement of the said documents.

1.17. Except otherwise clearly stated relevant latest BIS codes / CPWD Specifications with Correction Slips(latest) shall be followed in all Civil, Structural and other allied Works. Where there are no Specifications available for any work either in CPWD Specifications or in IS Codes of practices, the work shall be carried out as per the direction of Engineer-in-Charge.

1.18. The quoted rates shall be applicable for all heights, depths etc. except otherwise clearly stated in the description of items and nothing extra shall be paid to the contractor on this account.

1.19. Any materials / accessories / fittings etc. which may not be specifically mentioned in the description of items but which are normally used or necessary are to be provided by the contractor without any extra cost to Owner / Consultant and the work must be completed in all respects.

1.20. Materials: The procurement of all materials shall be the responsibility of the contractor. The quality of the materials procured by the contractor shall be subject to the approval of Engineer-in-Charge or his authorized representative before the materials are allowed to be used in the works. the materials to be procured by the contractor shall be in All conformity with the approved manufacturers by Engineer-in-charge.

1.21. The tenderer is required to use branded material only with prior approval of Engineer-In-Charge for the construction works. i) Cement : ACC / Ambuja / Ultratech / Bangur ii) Reinforcement steel : Fe-500/500-D, SAIL/TATA/JINDAL iii) Tiles:- Kajaria / Somany / Jhonson iv) China Ware: CERA / Hindware / Parryware / Duravit v) CP Fitting: Jaquar / Kohler / Grohe / Delta vi) Interior / Exterior Emulsion shall be: Asian / Nerolac / ICI Dulux vii) Over Head Water Storage Tanks: CERA / Sintex / Frontier viii) All brands / colours / shades / samples shall be got approved by

Consultant / Engineer -In-Charge prior to the procurement of same.

1.22. Approved MAKE LIST. S.NO. Name of Item Make

1 FRLS PVC Copper Wires Havell's/ Polycab/Finolex/ KEI

2 XLPE Cable's / PVC Al. Steel 3.5 Core Cables Armored.

Havell's/ Polycab/Finolex/ KEI

3 PVC Conduit Pipes 2" Thick National Gold, Poly Plast, Hi power & Plaza

4 PVC Bends 2" Thick National Gold, Poly Plast, Hi power & Plaza

5 Modular Switch, Sockets, Plates, Box, Bell Switch, T.V Sockets, Telephone Sockets, Data Sockets Key Fob Switch etc.

ABB/Schinder/ Havell's/ Legrand & L&T

6 TPN DB's Double door ABB/Schinder & L&T

7 SPN DB Double Door ABB/Schinder & L&T

8 TPN MCB 63 Amp. 4-pole (C-Curve)

ABB/Schinder & L&T

9 MCCB's 4-pole (C-Curve) ABB/Schinder & L&T

10 MCB (C-Curve) ABB/Schinder & L&T

11 SPN (C-Curve) ABB/Schinder & L&T

12 RCCB (C-Curve) ABB/Schinder & L&T

13 Telephone Cable Havel's / Finolex

14 RG-6 Cable Havel's / Finolex

15 RG-11 Cable Havel's / Finolex

16 Led Surface Mounted Ceiling light 12 / 10 Watt

Osram / Wipro / Philips / Havell's & Syska

17 LED Tube Fitting 14/20 Watt 4 feet long (Batten)

Osram / Wipro / Philips / Havell's & Syska

18 LED Tube Fitting 4/5 Watt 1 feet long (Batten)

Osram / Wipro / Philips / Havell's & Syska

19 Ceiling Fan Usha / Bajaj / Havell's / Crompton

20 Exhaust Fan Usha / Bajaj / Havell's / Crompton

21 Prodgy Meter Secure / Wipro / HPL etc

22 3- phase Energy Meter Secure / Wipro / HPL etc

23 LED Lamps Osram / Wipro / Philips / Havell's & Syska

24 Bulkhead Fitting Osram / Wipro / Philips / Havell's & Syska

BEAM STIRRUP & COLUMN TIESTYP DETAIL OF

4-LEGGED DETAIL A-A

TYP. R/F DETAIL ATREDUCTION OF COL. SIZE

STANDARD DUCTILE DETAILS ANDREINFORCEMENT OVERLAP DETAILS.

RCC WALL. TYP. ANCHORAGE DETAILS OF SECONDARYBEAM REINF. INTO MAIN BEAM

LEGEND

VERTICAL JOINT

N O R T H

SCALE DRAWING NO.

PROJECT STAGE

SPA-DB-STRL-101DRAWN BY

DRAWING TITLE

DATE

CHECKED BY

APPROVED BY

Rev

RA29.04.2019

DURGA BHAWANCLIENT

PROJECT TITLE CONSULTANT

S.M.V.D.S.B

SCHOOL OF PLANNING ANDARCHITECTURE, NEW DELHI4 BLOCK B, I.P. ESTATE, NEW DELHI-110002

Nirman Engineering Consultants Pvt. Ltd.,K1/24 (Basement) Chittranjan Park,New Delhi - 110019Tel.: 011-26278685, 41315638Email: [email protected] DEVENDRA

D SOOD

SSG

SCHEDULE OF COLUMNS, DUCTILE DETAIL & GENERAL NOTES.

PRINT TO A2

FOR

TEND

ER P

URPO

SE O

NLY

LIFT PIT

LIFT PIT

DURGA BHAWANCLIENT

PROJECT TITLE CONSULTANT

S.M.V.D.S.B

SCHOOL OF PLANNING ANDARCHITECTURE, NEW DELHI4 BLOCK B, I.P. ESTATE, NEW DELHI-110002

N O R T H

SCALE DRAWING NO.

PROJECT STAGE

FOUNDATION DETAIL SECTIONS

SPA-DB-STRL-107DRAWN BY

DRAWING TITLE

DATE

CHECKED BY

APPROVED BY

Rev

RA29.04.2019

Nirman Engineering Consultants Pvt. Ltd.,K1/24 (Basement) Chittranjan Park,New Delhi - 110019Tel.: 011-26278685, 41315638Email: [email protected] DEVENDRA

D SOOD

SSG

LIFT PIT

F3A

PRINT TO A2

FOR

TEND

ER P

URPO

SE O

NLY

C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 C1

C3

C3

C3

C3

C4C4C4C4C4C4C4C4C4C6C6C6 C5 C5 C5 C5 C5

C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7

N O R T H

SCALE DRAWING NO.

PROJECT STAGE

FOUNDATION PLAN

SPA-DB-STRL-103DRAWN BY

DRAWING TITLE

DATE

CHECKED BY

APPROVED BY

Rev

RA29.04.2019

DURGA BHAWANCLIENT

PROJECT TITLE CONSULTANT

S.M.V.D.S.B

SCHOOL OF PLANNING ANDARCHITECTURE, NEW DELHI4 BLOCK B, I.P. ESTATE, NEW DELHI-110002

Nirman Engineering Consultants Pvt. Ltd.,K1/24 (Basement) Chittranjan Park,New Delhi - 110019Tel.: 011-26278685, 41315638Email: [email protected] DEVENDRA

D SOOD

SSG

C7

C2

C4/C5/C6

C1,C2

C3

PRINT TO A2

FOR

TEND

ER P

URPO

SE O

NLY

PILE 450/500 DIA R/F DETAILS

DURGA BHAWANCLIENTPROJECT TITLE

CONSULTANT

S.M.V.D.S.B

SCHOOL OF PLANNING ANDARCHITECTURE, NEW DELHI4 BLOCK B, I.P. ESTATE, NEW DELHI-110002

N O R T H

SCALE DRAWING NO.

PROJECT STAGE

PILE & PILE CAP DETAILS

SPA-DB-STRL-109DRAWN BY

DRAWING TITLE

DATE

CHECKED BY

APPROVED BY

Rev

RA29.04.2019

PRINT TO A3

Nirman Engineering Consultants Pvt. Ltd.,K1/24 (Basement) Chittranjan Park,New Delhi - 110019Tel.: 011-26278685, 41315638Email: [email protected]

FOR TENDER PURPOSE ONLY

989.00M

TRACK

FIRST FLR LVL

976.15M

FOURTH FLR LVL

986.50M

THIRD FLR LVL

983.05M

SECOND FLR LVL

979.60M

ENTRY LVL

990.10M

PLINTH LVL

972.40M

TERRACE LVL

993.70M

LOWER TRACK LVL

972.00M

DURGA BHAWANCLIENT

PROJECT TITLE CONSULTANT

S.M.V.D.S.B

SCHOOL OF PLANNING ANDARCHITECTURE, NEW DELHI4 BLOCK B, I.P. ESTATE, NEW DELHI-110002

N O R T H

SCALE DRAWING NO.

PROJECT STAGE

FOUNDATION/ROCK SECTION A-A

SPA-DB-STRL-104DRAWN BY

DRAWING TITLE

DATE

CHECKED BY

APPROVED BY

Rev

RA29.04.2019

Nirman Engineering Consultants Pvt. Ltd.,K1/24 (Basement) Chittranjan Park,New Delhi - 110019Tel.: 011-26278685, 41315638Email: [email protected] DEVENDRA

D SOOD

SSG

PRINT TO A2

FOR

TEND

ER P

URPO

SE O

NLY

PROPOSED DURGA BHAWAN (56.30X22.60)

N O R T H

SCALE DRAWING NO.

PROJECT STAGE

SETTING-OUT FOUNDATION PLAN

SPA-DB-STRL-102DRAWN BY

DRAWING TITLE

DATE

CHECKED BY

APPROVED BY

Rev

RA29.04.2019

DURGA BHAWANCLIENT

PROJECT TITLECONSULTANT

S.M.V.D.S.B

SCHOOL OF PLANNING ANDARCHITECTURE, NEW DELHI4 BLOCK B, I.P. ESTATE, NEW DELHI-110002

Nirman Engineering Consultants Pvt. Ltd.,K1/24 (Basement) Chittranjan Park,New Delhi - 110019Tel.: 011-26278685, 41315638Email: [email protected] DEVENDRA

D SOOD

SSG

PRINT TO A2

FOR

TENDER

PUR

POSE

ONLY

PROPOSED DURGA BHAWAN (56.30X22.60)

N O R T H

SCALE DRAWING NO.

PROJECT STAGE

SETTING-OUT FOUNDATION PLAN

SPA-DB-STRL-102DRAWN BY

DRAWING TITLE

DATE

CHECKED BY

APPROVED BY

Rev

RA29.04.2019

DURGA BHAWANCLIENT

PROJECT TITLECONSULTANT

S.M.V.D.S.B

SCHOOL OF PLANNING ANDARCHITECTURE, NEW DELHI4 BLOCK B, I.P. ESTATE, NEW DELHI-110002

Nirman Engineering Consultants Pvt. Ltd.,K1/24 (Basement) Chittranjan Park,New Delhi - 110019Tel.: 011-26278685, 41315638Email: [email protected] DEVENDRA

D SOOD

SSG

PRINT TO A2

FOR

TENDER

PUR

POSE

ONLY

N O R T H

SCALE DRAWING NO.

PROJECT STAGE

SPA-DB-STRL-116DRAWN BY

DRAWING TITLE

DATE

CHECKED BY

APPROVED BY

Rev

RA09.05.2019

DURGA BHAWANCLIENT

PROJECT TITLE CONSULTANT

S.M.V.D.S.B

SCHOOL OF PLANNING ANDARCHITECTURE, NEW DELHI4 BLOCK B, I.P. ESTATE, NEW DELHI-110002

Nirman Engineering Consultants Pvt. Ltd.,K1/24 (Basement) Chittranjan Park,New Delhi - 110019Tel.: 011-26278685, 41315638Email: [email protected] DEVENDRA

D SOOD

SSG

PRINT TO A2

SECOND FLOOR BEAM DETAIL

GRADE OF CONCRETE TO BE M-30 R/F TMT (FE 500D)

FOR

TENDER

PUR

POSE

ONLY

3

0

0

S

U

N

K

GA & R/F DETAILS OF SECOND FLOOR SLABN O R T H

SCALE DRAWING NO.

PROJECT STAGE

SPA-DB-STRL-115DRAWN BY

DRAWING TITLE

DATE

CHECKED BY

APPROVED BY

Rev

RA09.05.2019

DURGA BHAWANCLIENT

PROJECT TITLE CONSULTANT

S.M.V.D.S.B

SCHOOL OF PLANNING ANDARCHITECTURE, NEW DELHI4 BLOCK B, I.P. ESTATE, NEW DELHI-110002

Nirman Engineering Consultants Pvt. Ltd.,K1/24 (Basement) Chittranjan Park,New Delhi - 110019Tel.: 011-26278685, 41315638Email: [email protected] DEVENDRA

D SOOD

SSG

PRINT TO A2

GRADE OF CONCRETE TO BE M-30 R/F TMT (FE 500D)

GA & R/F DETAILS OF SECOND FLOOR SLAB

FOR

TEND

ER P

URPO

SE O

NLY

N O R T H

SCALE DRAWING NO.

PROJECT STAGE

SPA-DB-STRL-113DRAWN BY

DRAWING TITLE

DATE

CHECKED BY

APPROVED BY

Rev

RA09.05.2019

DURGA BHAWANCLIENT

PROJECT TITLE CONSULTANT

S.M.V.D.S.B

SCHOOL OF PLANNING ANDARCHITECTURE, NEW DELHI4 BLOCK B, I.P. ESTATE, NEW DELHI-110002

Nirman Engineering Consultants Pvt. Ltd.,K1/24 (Basement) Chittranjan Park,New Delhi - 110019Tel.: 011-26278685, 41315638Email: [email protected] DEVENDRA

D SOOD

SSG

PRINT TO A2

FIRST FLOOR BEAM DETAIL

GRADE OF CONCRETE TO BE M-30 R/F TMT (FE 500D)

FOR TE

NDER PURPOSE ONLY

GA & R/F DETAILS OF FIRST FLOOR SLAB & BEAM

3

0

0

S

U

N

K

1

5

0

T

H

K

N O R T H

SCALE DRAWING NO.

PROJECT STAGE

SPA-DB-STRL-112DRAWN BY

DRAWING TITLE

DATE

CHECKED BY

APPROVED BY

Rev

RA09.05.2019

DURGA BHAWANCLIENT

PROJECT TITLE CONSULTANT

S.M.V.D.S.B

SCHOOL OF PLANNING ANDARCHITECTURE, NEW DELHI4 BLOCK B, I.P. ESTATE, NEW DELHI-110002

Nirman Engineering Consultants Pvt. Ltd.,K1/24 (Basement) Chittranjan Park,New Delhi - 110019Tel.: 011-26278685, 41315638Email: [email protected] DEVENDRA

D SOOD

SSG

PRINT TO A2

GRADE OF CONCRETE TO BE M-30 R/F TMT (FE 500D)

GA & R/F DETAILS OF FIRST FLOOR SLAB

FOR

TEND

ER P

URPO

SE O

NLY

N O R T H

SCALE DRAWING NO.

PROJECT STAGE

SPA-DB-STRL-111DRAWN BY

DRAWING TITLE

DATE

CHECKED BY

APPROVED BY

Rev

RA09.05.2019

DURGA BHAWANCLIENT

PROJECT TITLE CONSULTANT

S.M.V.D.S.B

SCHOOL OF PLANNING ANDARCHITECTURE, NEW DELHI4 BLOCK B, I.P. ESTATE, NEW DELHI-110002

Nirman Engineering Consultants Pvt. Ltd.,K1/24 (Basement) Chittranjan Park,New Delhi - 110019Tel.: 011-26278685, 41315638Email: [email protected] DEVENDRA

D SOOD

SSG

PRINT TO A2

PLINTH BEAM DETAIL

GRADE OF CONCRETE TO BE M-30 R/F TMT (FE 500D)

FOR

TENDER

PUR

POSE

ONLY

ROOF FLOOR FRAMING PLAN

1

5

0

S

U

N

K

T

E

R

R

A

C

E

N O R T H

SCALE DRAWING NO.

PROJECT STAGE

ROOF FLOOR FRAMING PLAN

SPA-DB-STRL-FR-06DRAWN BY

DRAWING TITLE

DATE

CHECKED BY

APPROVED BY

Rev

RA29.04.2019

DURGA BHAWANCLIENT

PROJECT TITLE CONSULTANT

S.M.V.D.S.B

SCHOOL OF PLANNING ANDARCHITECTURE, NEW DELHI4 BLOCK B, I.P. ESTATE, NEW DELHI-110002

Nirman Engineering Consultants Pvt. Ltd.,K1/24 (Basement) Chittranjan Park,New Delhi - 110019Tel.: 011-26278685, 41315638Email: [email protected] DEVENDRA

D SOOD

SSG

PRINT TO A3

FOR TENDER PURPOSE ONLY

DETAILS OF LINTELS FOR DOORS & WINDOWS IN AAC BLOCK WALLS

LINTEL BARS TO BE RE-BARRED IN COLUMN WHEREVER OPENING IS FACING THE COLUMN.

TYP DETAILS FOR AAC BLOCK MASONRY

FFL

N O R T H

SCALE DRAWING NO.

PROJECT STAGE

SPA-DB-STRL-117DRAWN BY

DRAWING TITLE

DATE

CHECKED BY

APPROVED BY

Rev

RA20.08.2019

DURGA BHAWANCLIENT

PROJECT TITLE CONSULTANT

S.M.V.D.S.B

SCHOOL OF PLANNING ANDARCHITECTURE, NEW DELHI4 BLOCK B, I.P. ESTATE, NEW DELHI-110002

Nirman Engineering Consultants Pvt. Ltd.,K1/24 (Basement) Chittranjan Park,New Delhi - 110019Tel.: 011-26278685, 41315638Email: [email protected] DEVENDRA

D SOOD

SSG

PRINT TO A2

GRADE OF CONCRETE TO BE M-30 R/F TMT (FE 500D)

TYPICAL AAC BLOCK MASONRY & LINTEL DETAIL

FFL

FOR

TEND

ER P

URPO

SE O

NLY