tender documents volume -1 - dimts

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Delhi Integrated Multi-Modal Transit System Ltd.

DEVELOPMENT OF COMMAND & CONTROL CENTRE (DCCC) FOR TRAFFIC SYSTEM

AT ISBT KASHMERE GATE NEW DELHI ON DESIGN & BUILD BASIS

CONTRACT NO:- DIMTS/DCCC

TENDER DOCUMENTS

VOLUME -1

DECEMBER, 2009

1ST FLOOR, MAHARANA PRATAP ISBT BUILDING KASHMERE GATE, DELHI – 110 006

TEL: +91-11-43090100, FAX: +91-11-23860966

Website: www.dimts.in

http://www.dimts.in/


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DELHI INTEGRATED MULTI-MODAL TRANSPORT SYSTEM LTD.

(Joint Venture of Government of NCT of Delhi and IDFC Ltd)

BIDDING DOCUMENT:

CONTRACT No. – DIMTS/DCCC/2009

CONTENTS

SECTIONS PARTICULARS Page No. Volume

No.

1 Invitation for Bids 1-1 to 1-5

I

2 Instructions to Tenderers 2-1 to 2-49

3 Employer’s Requirements 3-1 to 3-58

4 Conditions of Contract 4-1 to 4-103

5 Special Conditions of Contract 5-1 to 5-30

6 Outline Design & Construction Specifications 6-1 to 6-14

7 Tender Drawings 7-1 to 7-9

8 Bill of Quantities 1 to 14 II

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1. NOTICE INVITING TENDER

(NIT)

Delhi Integrated Multi Modal transit System Ltd.

Development of Command & Control Centre (DCCC) for Traffic System at ISBT Kashmere

Gate on Design & Build Basis

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Volume 1 – Notice Inviting Tender 1-1

Notice Inviting Tender (NIT)

Delhi Integrated Multi-Modal Transit System Limited (hereinafter called DIMTS/Employer) invites sealed bids from eligible competent tenderers with sound technical and financial capabilities and meeting the eligibility criteria under single stage two envelope bidding system for ―Development of Command & Control Center (DCCC) for Traffic System at ISBT Kashmere Gate on Design & Build Basis‖.

1. The salient features of work and tender process are as given below:

Name of Work Development of Command & Control Center (DCCC) at ISBT Kashmere Gate on Design & Build Basis

Approximate cost of work Rs. 1.25 Crores

(Rupees One Crore Twenty Five Lacs only)

Tender Security amount Rs. 2 lacs

(Rupees Two Lacs Only)

Completion period of the Work _3_ Months

Tender documents on sale From 15.12.2009 to 11.01.2010 (between 11:00 hrs to 16:00 Hrs) on working days

Last date of Seeking Clarification

29.12.2009

Date of Pre-Tender meeting 30.12.2009 at DIMTS office at 3:00 pm

Date & time of Submission of Tender

12.01.2010 upto 15:00 Hrs

Date & time of opening of Tender

12.01.2010 at 15:30 hrs

Authority and place for purchase of tender documents, seeking clarifications

Deputy General Manager (Projects),

Delhi Integrated Multi Modal Transit System Ltd.,

1st Floor, Maharana Pratap I.S.B.T.,

Kashmere Gate,

Delhi-110006

Ph: 011-43090200/43090100

E-mail : [email protected]

2. A complete set of tender documents may be purchased by interested tenderers on submission of a written application to the above office, and upon payment of a non-




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refundable fee of Rs. 5,000/- in the form of Demand Draft (from any scheduled Bank in favour of DIMTS Ltd. payable at Delhi) during working hours from 15.12.2009 to 11.01.2010 (between 11:00 hrs to 16:00hrs) (except Saturday, Sunday & Holidays).

The tender documents can also be downloaded from DIMTS‘ website www.dimts.in. Tenderers using downloaded documents should submit the cost of tender documents (in the form mentioned above) at the time of submission of tenders. 3. The eligibility shall be assessed on tenderers fulfilling the ―Qualifying Criteria‖ as given in Annexure-I. 4. All tenders must be accompanied by tender security of the amount specified for

the work in the above table in the form of Bank Draft in favour of DIMTS Ltd. payable at

New Delhi from a Scheduled Commercial Bank based in India or Fixed Deposit Receipt

of a Scheduled Commercial bank /Post office based in India duly pledged in favour of

DIMTS Ltd. or in the form of an irrevocable Bank Guarantee (format to be in accordance

with the sample form of Tender Security included in the tender document) issued by a

Scheduled Commercial Bank based in India. The tender guarantee shall remain valid for

30 days beyond the validity period of the tender.

5. All tenders must be submitted to the DGM (Projects), Delhi Integrated Multi-

Modal Transit System Limited, 1st Floor, Maharana Pratap ISBT Building, Kashmere

Gate, Delhi-110006 upto 15:00 hrs, 12.01.2010.

6. At any time prior to the deadline for submission of Bids, DIMTS may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Tenderer, amend the Tender documents by issuing addendum. Such an amendment in the form of an addendum will be posted on DIMTS website. The Tenderers shall have to keep a vigil on DIMTS‘ website for the same & they shall have no claim whatsoever for any ignorance in such case.

7. The Technical Packages will be opened at 15:30 hrs. on 12.01.2010 in the

presence of tenderer‘s representatives who choose to attend. In the event of the

specified date of tender submission/ opening being declared a holiday for DIMTS, the

bids shall be received/ opened on the next working day.

8. The ―Financial Packages‖ of the tenderers whose technical packages have been determined responsive and fulfill the evaluation and qualification criteria will be opened on the date to be intimated later.

9. All matters arising from this tender will have jurisdiction of courts in Delhi.

Deputy General Manager (Projects), Delhi Integrated Multi-Modal Transit System Limited

1st Floor, Maharana Pratap ISBT Building, Kashmere Gate, Delhi-110006





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ANNEXURE-1

1. Qualification/Eligibility Criteria for Technical Package

The evaluation of Technical Package will be based on Tenderers meeting all the

following minimum pass/fail criteria regarding their general and particular experience,

financial position, personnel and equipment capabilities and other relevant information

furnished by the Tenderer:

1.1 Experience

1.1.1 General Experience

The Tenderer shall provide documentary evidence that it has been in the business of interior works construction during the last 5 years in the role of prime contractor or partner in joint venture.

1.1.2 Particular Experience

The Tenderer shall provide documentary evidence that it has:

(i) implemented at least three (3) Similar Works in India out of which at least one work should have been a Data Center, where the value of each work should be more than Rs. 1.00 Crore. For this purpose, ‗cost of work‘ shall mean gross value of the completed work including the cost of materials supplied by the Employer /Client, but excluding those supplied free of cost. The Data Center work should have housed at least 50 servers.

Similar work means construction of Command Center / Call Center with a carpet area of not less than 300 Sqm. comprising of false flooring / roofing, access control systems, fire detection, fire alarm and fire protection systems, burglar alarm system, smoke detection system, ups systems, networking racks, server racks etc.

((iiii)) The Tenderer must be ISO 9001:2000 or equivalent Certified Company.

(iii) For these, the certificate of satisfactory completion from Employer shall be submitted along with the application incorporating clearly the name of Contractor, name of the work, Contract value, billing amount, date of commencement of works, scheduled date of completion, actual date of completion, satisfactory performance of the Contractor, Quality of works executed (Very Good/Good/Fair/Poor), Time overrun if any(whether without levy of compensation/penalty, with levy of compensation/penalty or levy of compensation/penalty not decided) and any other relevant information.

Base Year and Escalation

Following enhancement factors have to be used for updating the cost of works

executed to bring to a common base:




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Year Multiplying factor

2009-10 1

2008-09 1.07 2007-08 1.14 2006-07 1.23

In case the financial figure and value of completed works are in foreign currency, the above enhanced factors will not be applied. Instead, actual amount in the foreign currency shall have to be converted into equivalent Indian Rupees (INR) at the State Bank of India BC selling rate as on the date two weeks prior to the last date of submission, clearly indicating the calculations.

1.2. Turnover

The Tenderer shall have achieved, during last three years (years to be considered shall

be 2008-09, 2007-08 & 2006-07) an average updated annual turnover from interior

construction works of at least Rs. 10 crore. The turnover refers to a company and not

the composite turnover of its subsidiaries/sister concerns etc.

The audited balance sheets for the last three years shall be submitted. The Tenderer must demonstrate the current soundness of the Tenderer's financial position, and indicate its prospective long-term profitability. If deemed necessary, DIMTS shall have the authority to make inquiries with the Tenderer's bankers. In case the balance sheet does not clearly show the turnover from interior construction works only, a certificate from Chartered Accountant certifying turnover from interior construction works out of total turnover shall also be submitted.

1.3 Deleted

1.4 Financial capability

1.4.1 Solvency

The Tenderer should submit a solvency certificate, certified by his Bankers, of at

least Rs. 2 crores. Solvency Certificate from the Bankers shall be submitted as per

form- T-4.

1.5 Personnel capabilities

The Tenderer shall supply general information on the management structure of the firm

and shall make provision for suitably qualified personnel to fill the key positions/support

staff/office staff as required during contract implementation for timely implementation of

works.

Requirement of minimum Key personnel with qualification and experience is given in

FORM T-7 of ―Instructions to Tenderers‖. The Tenderer shall give an undertaking (in the

FORMAT of FORM T-7) to provide personnel for these positions satisfying the

qualification and experience requirements.




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1.6 Equipment capabilities

Deleted

1.7 Litigation History

The Tenderer should provide accurate information about any litigation or arbitration

resulting from contracts completed or ongoing under its execution over the last five

years. A consistent history of awards against the Tenderer will result in failure of the

application.

1.8 Disqualification

Even though the Tenderer meets the above criteria, he is subject to be disqualified if

Tenderer has:

1.8.1 made misleading or false representation in the forms, statements and

attachments submitted; or

1.8.2 any criminal proceedings are pending/ ongoing in any court of law regarding any

project executed by the Tenderer.

1.8.3 has been debarred/blacklisted by DIMTS or any Government or Semi

Government Organization.

1.8.3 records of poor performance such as abandoning the work, rescinding of contract

for which the reasons are attributable to the non-performance of the Tenderer,

inordinate delays in completion, consistent history of litigation / arbitration

awarded against the Tenderer or any of its constituents or financial failure due to

bankruptcy, etc.

1.8.4 shown poor performance in any of the works at DIMTS.

1.8.5 any near relative posted in DIMTS in any capacity(any breach of this condition by the tenderer would render him liable to be debarred for taking up works in DIMTS). The near relatives include wife, husband, partners, grand-parents, children, grand children, brothers, sisters, uncles, aunts, cousins, and their corresponding in-laws.

1.8.6 Is under a declaration of ineligibility for corrupt or fraudulent practice

2. Joint Ventures/Consortium : Joint Ventures/Consortiums are not allowed to bid for the

project

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2. INSTRUCTIONS TO TENDERERS

(ITT)




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Volume 1 – Instructions to Tenderers 2-1

INSTRUCTIONS TO TENDERERS (ITT)

1 GENERAL

1.1 INTRODUCTION

Delhi Integrated Multi-Modal Transit System Limited (DIMTS) is a joint venture company set up equal equity of the Government of National Capital Territory of Delhi (GNCTD) and Infrastructure Development Finance Company (IDFC)

DIMTS is an urban transport and infrastructure services company aiming to develop and deliver world class urban infrastructure to the citizens of Delhi, primarily in the area of urban transport.

The vision of DIMTS is to provide an efficient multi-modal transport system that will encourage commuters to choose public transport over personal transport.

The mission of the DIMTS is to establish new standards to excellence in public transportation and allied infrastructure systems that will keep pace with the growth in demand. And to provide reliable, safe, accessible, user-friendly and sustainable public transport within walking distance for commuters.

To support the vision and mission, DIMTS is creating IT infrastructure facility which would be of high reliability and availability. For this DIMTS would be creating a state-of-the-art Data & Command Centre, which would host Applications servers, network infrastructure, monitoring screens, storage, reception etc.

This Data Centre/Control Centre shall be utilized broadly to monitor /control the following systems:-

1. Intelligent Signaling System (ISS): The role of ISS system to monitor and capture traffic flow on real time, communicate the same to back-end, process it and adjust signal timings on real time based on the actual traffic flow on various arms of the junction.

2. Automatic Vehicle Location System (AVL): The role of AVL System with Passenger Information System is real time tracking of buses, through Global Positioning System, operating on different routes with an update rate of 10/20 sec., processing the data, generating Estimated Time of Arrival (ETA) information and communicating the same through GPRS to PIS boards at BQSs with refresh rate of 20-30 sec.

3. Automatic fare collection Systems (AFCS). The role of AFCS system is to facilitate payment of fare through Smart Cards and other media on buses and other public transport modes to provide an integrating ticketing across various modes.




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4. Operation Control Centre (OCC): The main purpose of OCC is to develop a web based enterprise level solution to capture various performance parameters of private bus operations, process them and generate various reports for monitoring the operation and enforcing the contracts with various operators.

Delhi Integrated Multi-Modal Transit System Limited (DIMTS) (hereinafter called DIMTS/Employer) invites sealed bids from eligible competent tenderers with sound technical and financial capabilities and meeting the eligibility criteria under single stage two envelope bidding system for ―Development of Command & Control Center (DCCC) at ISBT Kashmere Gate, New Delhi on Design & Build Basis‖.

The Scope of work for the Design & Construction of Command & Control Center

is further described in the Employer‘s requirement.

The Tender documents consist of Two volumes, along with their annexures,

appendices, addenda and errata, if any , as described below:

Volume 1

1. Notice Inviting Tender (NIT)

2. Instructions to Tenderers (ITT)

3. Employer‘s Requirement

4. General Conditions of Contract(GCC)

5. Special Conditions of Contract (SCC)

6. Outline and Construction Specifications

7. Tender Drawings

Volume 2

Bill of Quantities (BOQ) & Schedule of Payment

Tenders shall be prepared and submitted in accordance with the instructions

given herein.

1.2 Key Relevant information and address for purchase of documents, correspondence and submission of Tender are provided in NIT. More details are as follows:

(a) Period for which the tender is to be kept valid is 90 days from the deadline date of submission of tender

(b) Time for commencement of work shall be 7 days from the date of issue of "Letter of acceptance".




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(c) “Defects LIability Period” shall be 365 days from the date of completion as indicated in “Taking Over Certificate”.

(d) Time for of completion shall be 3 Months from the date of commencement of work.

2.0 GENERAL ELIGIBILTY REQUIREMENTS

2.1 This invitation to tender is open only to eligible competent tenderers with sound technical and financial capabilities and meeting the eligibility criteria as given in Annexure-I.

2.2 A concept drawing for the facility is being given with the RFP. However the

Bidder is free to develop his own plan to accommodate all the facilities required as described in the tender documents and the same should be acceptable to DIMTS. The appropriations of the alternate concept submitted by the bidder shall be adjudged by the presentation given by them.

2.3 Each tenderer shall submit only one tender for the work. No joint venture/

consortium is permitted. The Tenderer who submits more than one tender or a

tender submitted by a joint venture/ consortium shall be disqualified.

2.4 To qualify for award of Contract, the Tenderers shall submit a written power of attorney authorizing the signatory (ies) of the tender to commit the Tenderer. In case of Foreign Tenderers, Power of Attorney(s) and Board Resolutions confirming authority on the persons issuing the Power of Attorney for such actions, shall be submitted duly notarised by the notary public in the country of origin and stamped by the Indian Embassy / High Commission.

2.5 Each page of tender shall be signed by the authorized signatory of the tenderer. 2.6 Cancellation or creation of a document such as Power of Attorney, Partnership

deed, Constitution of firm etc., which may have bearing on the tender/contract shall be communicated forthwith in writing by the Tenderer to the Employer

2.7 Each Tenderer will be required to confirm and declare in the tender submittal that

they have not engaged in any fraudulent and corrupt practice as defined in Clause 4.33 of the General Conditions of Contract and that no agent, middleman or any intermediary has been, or will be, engaged to provide any services, or any other items of work related to the award and performance of this contract.

3.0 COST OF TENDERING

3.1 The Tenderer shall bear all costs associated with the preparation and submission of his tender.




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4.0 SITE VISIT 4.1 Any site information given in this tender document is for guidance only. The

Tenderer is advised to visit and examine the Site of Works and its surroundings at his/their responsibility, risk and cost and obtain for himself on his own responsibility, all information that may be necessary for preparing the tender and entering into a Contract.

4.2 The Tenderer shall be deemed to have inspected the Site and its surroundings beforehand and taken into account all relevant factors pertaining to the Site in the preparation and submission of his Tender.

4.3 This being a Design and Build Contract, tenderer is expected to satisfy himself

with data furnished and if required carry out investigations independently for submitting his offer.

5 TENDER DOCUMENTS 5.1 CONTENTS OF TENDER DOCUMENTS The Tenderer is expected to examine carefully all the contents of the tender

documents including instructions, conditions, forms, terms, specifications and drawings and take them fully into account before submitting his offer. Failure to comply with the requirements as detailed in these documents shall be at the Tenderer‘s risk. Tenders, which are not responsive to the requirements of the tender documents, will be rejected.

6 CLARIFICATION ON TENDER DOCUMENTS 6.1 While all efforts have been made to avoid errors in the drafting of the tender

documents, the Tenderer is advised to check the same carefully and seek clarifications within the scheduled period .No claim on account of any errors detected in the tender documents shall be entertained.

6.2 A Tenderer requiring any clarification of the tender documents including any error or mismatch in the tender documents, may notify the DGM (Projects), DIMTS in writing within the specified time as indicated in NIT. DIMTS will respond in writing to any request for clarification received in writing from tenderers. Written copies of the DIMTS‘ response will be posted on DIMTS‘ website. The tenderers have to keep a vigil on the DIMTS website for the same & they shall have no claim whatsoever for any ignorance in such case.




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7 AMENDMENT TO TENDER DOCUMENTS At any time prior to the deadline for submission of tenders, DIMTS may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective tenderer, amend the tender documents by issuing addendum. Such an amendment in the form of an addendum will be posted on DIMTS website. The tenderers have to keep a vigil on the DIMTS website for the same & they shall have no claim whatsoever for any ignorance in such case. Without prejudice to the order of preference as specified in Clause 1.5 of General Conditions of Contract, the provisions in such addenda shall take priority over the Invitation to Tender and Tender Documents issued previously. Tenderers should acknowledge receipt of such addenda and list them in the tender submittal.

In order to afford prospective Tenderers reasonable time for preparing their

tenders after taking into account such amendments, the Employer may, at his discretion, extend the deadline for the submission of tenders in accordance with Sub-clause 18.1.

PREPARATION OF TENDERS 8 LANGUAGE OF TENDER The tender, and all correspondence and documents related to the tender shall be

in English language. Supporting documents and printed literature furnished by the tenderer may be in another language provided they are accompanied by an accurate certified translation of the relevant passages in the English language, in which case, for purposes of interpretation of the tender, the English translation shall prevail.

9 DOCUMENTS COMPRISING THE TENDER The tender shall be submitted in two parts, namely ―Technical Package‖ and ― ―Financial Package‖. 9.1 TECHNICAL PACKAGE

The technical package, clearly labeled as ―TECHNICAL PACKAGE‖, shall comprise the following:

(a) Tender Guarantee in original in a separate sealed envelope, (b) Attested Copy of Power of Attorney (in favour of the Authorised Signatory

of the Tenderer ) (c) Form A-1 dully filled, All required General, Technical and Financial

Information/ Details/ Documents in/as per prescribed forms T-1 to T-13 along with supporting documents, as indicated in forms:




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Form T-1 : General Information about tenderder Form T-2 : Structure & Organisation of tenderder‘s firm Form T-3 : Details of Annual Turnover and Profit/Loss Form T-4: Solvency Certificate Form T-5: Details of works/contracts of similar nature executed during last

3 years Form T-6: Deleted Form T-7: Resources (Personnel) proposed for the project Form T-8: Deleted Form T-9 : Proposed Site Organisation chart with assignment of each key

staff member (identified by name), duration & timing together with clear description of the responsibilities of each key staff member within the overall work programme.

The name, background and professional experience of each key staff

member to be assigned to the project with particular reference to his experience of a nature similar to that of the proposed assignment. The majority of the key staff shall be regular members of the firm for at least six months.

Form T-10: Brief report on understanding and comprehension of the work

involved, general approach and methodology including such detailed information as deemed relevant & tender work programme. The Works Programme given in the tender shall not in any event be construed as a submission of the Works Programme as required to be furnished according to the Employer‘s requirements.

Form T-11 & T-12: Information regarding litigation history, debarment or

abandonment of any work by Tenderer Form T-13: Affidavit

(d) Attested copy of the registration certificate and clearance certificate under Delhi VAT Tax Act, 2005 is required to be submitted. As per Delhi VAT Act, the party who is executing work in Delhi has to have registration with DVAT authorities of Delhi. If a tenderer from outside Delhi intends to participate




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in tender, he can be permitted provided he gives an undertaking to the effect that he will get himself registered with Delhi VAT authorities, in the event of issue of Letter of acceptance to the tenderer and shall submit registration number before claiming initial advance or first payment whichever is earlier. In the absence of registration detail with Delhi VAT Department, first payment shall not be released.

(e) Tender documents from Volume 1 to Volume 2 with each page duly signed

and stamped. (f) Presentation requirements

9.2 FINANCIAL PACKAGE

9.2.1 The financial package, clearly labeled as ― FINANCIAL PACKAGE‖ will contain the following duly filled in: i. Form of tender and Appendix to The Form of Tender (Form A). ii. Bill of Quantities

9.2.2 The financial proposal should be separately completed, each page duly signed

and stamped and submitted in a separate sealed envelope. The prices shall be entered at the prescribed place in the Form of Tender and the BOQ enclosed. These prices should include all costs associated with the contract.

9.3 Documents to be submitted by the Tenderer under technical and financial

packages have been described under the respective Clauses 9.1 and 9.2. This list of documents has been prepared for the convenience of the Tenderer and any omission on the part of the Employer shall not absolve the Tenderer of his responsibility of going through the various clauses in the Tender Documents including the specifications and to submit all the details specifically called for (or implied) in those clauses.

9.4 The documents forming part of tender shall be separately sealed and marked in

accordance with sealing & marking instructions. 9.5 The tenderer shall effect and maintain professional indemnity insurance for the

amount in Indian rupees as indicated in the Appendix to The Form of Tender in respect of work to be carried out by or on behalf of them. The tenderer shall produce evidence of coverage of the professional indemnity insurance before any payment is released to them. The insurance which shall ensure the tenderer‘s liability by reason of professional negligence and errors in design of works, shall be valid from the date of commencement of works until two years after commissioning of work.

10.0 TENDER PRICE




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The Contract shall be for the whole works as described in scope of work. The Tenderer shall fill in rates and prices for all items of Works described in the Bills of Quantities. Corrections, if any, shall be made by crossing out, initialing, dating and rewriting. The Tender prices shall be governed by Clause 11 of General Conditions of Contract and shall be subject to limitations of Special Conditions of Contract and nothing extra which is not included in the contract price shall be payable.

10.1 The Tenderer is required to quote for all the items in the BOQ. If the tenderer

fails to quote rate against ―Schedule A of bill of quantities, the tender will be treated as incomplete and non-responsive and shall be rejected. Similarly, if the tenderer fails to quote rate against any item (for which quantity has been provided) in Schedule ―B‖ of bill of quantities, the same will not be paid for by Employer when executed and shall be deemed to have been included by the tenderder in the rates and prices for other items in the bill of quantities. Similarly, if the tenderer fails to quote percentage above/below/at par rates against schedules ‗C‘, it will be deemed to have been quoted ―at par‖ and payment for any work undertaken under this schedule shall be made at DSR, 2007 rates.

The price shall be reasonable and not unbalanced. Should the Employer come

across any unbalanced price, he may require the Tenderer to furnish detailed analysis to justify the same. If after its examination, the Employer still feels the prices to be unbalanced, he may ask the Tenderer for additional Performance Security or other safeguards to protect Employer‘s interest against financial loss failing which , his tender shall be liable to be rejected by the Employer and the Employer may award the Contract to any other Tenderer.

10.2 The Tenderer shall keep the contents of his tender and prices quoted by him

confidential.

10.3 The Tenderer shall utilize trained labour, staff and materials of reputed makes to the maximum extent possible in execution of Works.

10.4 The Tenderer should quote his rates inclusive of all taxes, duties, royalties,

VAT etc. All duties, taxes, royalties and other levies payable by the Contractor under the contract, or for any other cause as of the deadline for submission of the tenders, shall be included in the rates and prices and the total tender price submitted by the tenderder and the evaluation and comparison of tenders by DIMTS shall be made accordingly.




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11.0 CURRENCIES OF THE TENDER 11.1 Tender prices shall be quoted in Indian Rupees only. All payments including

advances, if any shall be made only in Indian Rupees. TENDER VALIDITY 12.1 The tender shall remain valid and open for acceptance for a period of 90 days

from the deadline date for submission of tender as indicated in NIT. 12.2 In exceptional circumstances, prior to expiry of the original tender validity

period, the Employer may request the Tenderers for a specified extension in the period of validity in writing or by Tele-fax. A Tenderer may refuse the request without forfeiting his tender security. A Tenderer agreeing to the request, shall not be required or permitted to modify his tender but will be required to extend the validity of his tender security correspondingly.

13.0 TENDER SECURITY 13.1 The Tenderer shall furnish with his tender, as tender security, a Tender

Guarantee in form of Bank Draft in favour of DIMTS Ltd. payable at New Delhi from a Scheduled Commercial Bank based in India or Fixed Deposit Receipt of a Scheduled Commercial bank /Post office based in India duly pledged in favour of DIMTS Ltd. or in the form of an irrevocable Bank Guarantee (In format given in Form B) issued by a Scheduled Commercial Bank based in India for the amount mentioned in Notice Inviting Tender. The tender guarantee shall remain valid for 30 days beyond the validity period of the tender.

13.2 The Tender Security shall be submitted in a separate envelope super scribed

―Tender security for ---- (Name of Work as mentioned in Notice Inviting Tender). 13.3 Any tender not accompanied by an acceptable tender security will be

summarily rejected. 13.4 The tender securities of unsuccessful Tenderers shall be discharged/returned

by the Employer as promptly as possible but not later than 30 days after the expiration of the period of tender validity.

13.5 The tender security of the successful Tenderer shall be returned upon the

Tenderer executing the Agreement after furnishing the required performance guarantee as per the contract.

13.6 The tender security shall be forfeited :

a. if a Tenderer withdraws his tender during the period of tender validity, or




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b. if the tenderer does not accept the correction of his tendered price in terms of Clause 27.0, or

c. in the case of a successful Tenderer, if he fails to : i. Furnish the necessary performance guarantee for performance. ii. Enter into the Contract within the time limit specified.

13.7 No interest will be payable by the Employer on the tender security amount cited above.

14.0 Conditions, Qualifications, Deviations etc : The Tenderer shall submit his tender

without any conditions, deviations etc to the tender documents. Tender submitted

by any tenderer which contains any deviations or conditions beyond the

provisions in tender documents shall not be evaluated/ considered and shall be

summarily rejected as non responsive.

15.0 Pre- Tender Meeting

15.1 The Tenderer or his authorised representative is invited to attend a pre-tender

meeting which will take place at DIMTS Ltd., 1st Floor, Maharana Pratap ISBT Building, Kashmere Gate, Delhi-110006 as mentioned in Notice Inviting Tender.

15.2 The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage by the prospective tenderers.

15.3 The tenderer is instructed to submit its queries in writing. All such queries should

reach DIMTS at least one day prior to the date of the meeting by post/fax/e-mail.

15.4 Minutes of the pre-tender meeting, including the text of the questions raised and the responses given together with any response prepared after the meeting, will be posted on DIMTS‘ web site. Any modification of the tender documents which may be considered necessary as a result of the pre-tender meeting shall be made by DIMTS exclusively through the issue of an Addendum pursuant to Clause 7 of Instructions to Tenderers and not through the minutes of the pre-tender meeting.

15.5 Non-attendance at the pre-tender meeting will not be a cause for disqualification

of a tenderer.

16 FORMAT AND SIGNING OF TENDERS 16.1.1 If the tender is submitted by a proprietary firm it shall be signed by the proprietor

above his full name and the full name of his firm with its current address.




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16.1.2 If the tender is submitted by a firm in partnership, it shall be signed by a partner

holding the power of Attorney for the firm. A certified copy of the Partnership deed and power of attorney shall accompany the tender. Alternatively, it shall be signed by all the partners.

16.1.3 If the tender is submitted by a limited company or a limited corporation, it shall be signed by a duly authorized person holding the power of attorney for the firm. A certified copy of the power of attorney shall accompany the tender.

16.1.4 –deleted-

16.2 All amendments/corrections/ overwriting shall be initialled by the authorised signatory.

16.3 All witnesses and sureties shall be persons of status and probity and their full names, occupations and addresses shall be written below their signatures.

17.0 SEALING AND MARKING OF TENDERS 17.1 The Tenderer shall submit his Technical & Financial Packages in two sets one

marked ―Original‖ and the other marked ―Copy‖ (Copy can be photocopy of ‗original‘). In the event of discrepancy, the original shall prevail.

17.2 Sealing and Marking of Tenders

17.2.1 The tenderder shall submit the Tender in two parts, the Technical Package and

the Financial Package. Each part of the Tender shall be sealed in separate

envelopes and the two sealed envelopes shall be sealed in an outer envelope.

The Tender envelopes shall be marked as follows:-

A) Inner Envelope containing Technical Package shall be super scribed with the

identification ―Technical Package for the work ―________ ________________

[Name of Work, Contract Package No.______]‖ and shall indicate the name

and address of the tenderder

Further, this envelope marked ‗Technical Package‘ shall contain the following

documents:

a) Tender Security in a separate sealed envelope marked ―Tender Security‖

b) Documents listed at para 9.1: Two sets (1 original + 1 copy) of these

documents shall be submitted in separate sealed envelopes. One shall be

marked ―original‖ and the other ―copy‖.




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c) All three envelopes, as mentioned in ―a‖ and ―b‖ above shall be kept in one

envelope, marked ―Technical Package‖, and sealed.

B) Inner Envelope containing ―Financial Package‖ shall be super scribed with the

identification ―Financial Package for the work ―________

________________[Name of Work, Contract Package No.______]‖ and shall

indicate the name and address of the tenderer

Further, this envelope marked ‗Financial Package‘ shall contain the documents

listed in para 9.2 in 2 sets (1 original + 1 copy) in two separate sealed envelopes.

One envelope shall be marked ―original‖ and the other ―copy‖.

C) Outer Envelope: (i) The inner envelopes marked as ‗Technical Package‘ and Financial

Paqckage‘ shall be enclosed in an outer envelope and sealed.

(ii) The outer envelope shall be

a) addressed to DIMTS at the following address : To, The Deputy General Manager (Projects) Delhi Integrated Multi-Modal Transit System Limited 1st Floor, Maharana Pratap ISBT Building, Kashmere Gate, Delhi-110006

b) superscribed with the identification ―Tender for the work ―________________________[Name of Work, Contract Package No.______]‖ and indicate the name and address of the tenderder.

1177..22..22 If the outer envelope is not sealed and marked as above, DIMTS will assume

no responsibility and shall not be held liable for any misplacement or premature

opening of the tender.

17.3 No responsibility will be accepted by the DIMTS for the misplacement or

premature opening of a tender, not sealed or marked as per aforesaid instructions.

18.0 SUBMISSION OF TENDERS 18.1 Tenders should be submitted in hard bound with each page serially numbered

and indexed at the following address:




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Deputy General Manager (Projects), Delhi Integrated Multi-Modal Transit

System Ltd., 1st Floor, Maharana Pratap I.S.B.T., Kashmere Gate, Delhi-

110006 upto the time & date as indicated in Notice Inviting Tender.

DIMTS may, at its discretion, extend the submission date for tender. Tenders, as sealed above, shall be submitted in person to Deputy General

Manager (Projects), DIMTS. DIMTS cannot take any cognizance and shall not be responsible for delay in transit.

19.0 LATE TENDERS 19.1 Any tender received after the deadline prescribed for submission of tenders

will be returned unopened to the Tenderer. 20.0 MODIFICATION, SUBSTITUTION AND WITHDRAWAL OF TENDERS

20.1 Except as permitted by these instructions, the Tenderer shall not make any

alteration, erasure or obliteration to the text of the documents prepared by DIMTS and submitted by the Tenderer with or as a part of his tender.

20.2 The Tenderer‘s modification or withdrawal notice shall be prepared, sealed, marked and delivered in accordance with the clause 18.1 of this Instruction to Tenderers, with the outer and inner envelopes additionally marked ―MODIFICATION‖ or ―WITHDRAWAL‖ as the case may be.

20.3 No modifications shall be permitted after the deadline for submission of the Tenders. Withdrawal of the tender after deadline for submission of tenders but prior to the period of tender validity shall result in forfeiture of the Tender Security.

TENDER OPENING AND EVALUATION 21.0 TENDER OPENING 21.1 DIMTS will open the outer envelope of all the tenders received for the work

(except those received late) containing the sealed technical package and the

sealed financial package and announce the names of (i) Tenderers, (ii)

Tenderers who have submitted modification of technical/financial packages,

and (iii) Tenderers who have given notice for withdrawal of their tenders in the

presence of tenderders or their representatives who choose to attend tender

opening on the date and time mentioned in the NIT. In the event of specified

date of tender opening being declared as a holiday for DIMTS, the Technical

Package will be opened at the appointed time and location on the next working

day.




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21.2 Tenders for which acceptable notice of withdrawal has been submitted pursuant

to Clause 20 shall not be opened and shall be returned.

21.3 Envelopes marked Technical package shall be opened first. Tenderer‘s names,

‗Modification of Technical package‘, the presence/or absence of Tender Security,

the amount and validity of Tender Security furnished with each tender and such

other details, as DIMTS may consider appropriate will be announced by DIMTS

at the opening.

21.4 The tenderers or their representatives who are present shall sign attendance

sheet evidencing their attendance.

21.5 The sealed envelope containing the Financial Package shall not be opened at

this stage.

22. Examination, Evaluation and Determination of Responsiveness of

Technical Package

22.1 Prior to evaluation of Technical Package, DIMTS will determine whether the

tender is accompanied by the Tender Security in the required form, amount and

validity.

22.2 If the Tender Security furnished does not conform to the amount and validity

period as specified in the Instructions to Tenderers and has not been furnished in

the form specified in Clause 13, the tender shall be rejected by DIMTS as non -

responsive and the Technical Package and the sealed Financial Package will be

returned to the tenderer.

22.3 Subject to confirmation of the Tender Security by the issuing bank, the Technical

Package accompanied with valid Tender Security will be taken up for further

evaluation. In case, the Bank does not confirm the issuance of Tender Security,

the tender shall be rejected as non-responsive.

22.4 Prior to the detailed evaluation of technical package, DIMTS will determine

whether each tender is responsive to the requirements of the tender documents.

For the purpose of this Clause, a responsive tender is one, which conforms to all

the terms, conditions and specifications of the tender documents without material

deviation or reservation which include exceptions, exclusions & qualifications. A

material deviation or reservation is one which affects in any substantial way the

scope, quality, performance or administration of the works to be undertaken by

the Tenderer under the Contract, or which limits in any substantial way, the

DIMTS's rights or the Tenderers obligations under the Contract as provided for in




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the Tender documents and / or is of an essential condition, the rectification of

which would affect unfairly the competitive position of other Tenderers presenting

substantially responsive tenders at reasonable price.

22.5 The Technical Package will be checked whether the tender has been properly

signed and all the details/documents as indicated in para 9.1 have been

submitted.

22.6 The Technical Package shall be further evaluated for determining the eligibility of

the tenderer as per the evaluation & qualification criteria given in Annexure-1.

2222..77 If the Technical Tender is not substantially responsive and does not fulfil the evaluation & qualification criteria, it will be rejected by DIMTS and will not subsequently be made responsive by any subsequent correction or modification or withdrawal of the non-conforming deviation or reservation. However, DIMTS reserve the right to ask any clarification from Tenderers for details submitted with technical package if it so desires during the technical evaluation.

2222 AA PPrreesseennttaattiioonn rreeqquuiirreemmeennttss

The tenderers are required to make an Audio-Visual presentation on concept

design/model in DIMTS for the Technical Evaluation of the proposal. The

Tenderers are expected to include their proposed concept Plan, isometric views

models or any other mode of display means in their audio-visual presentation.

After making the audio-visual presentation tenderer shall submit the soft copy of

the same to DIMTS.

The responsiveness of the tender shall be evaluated on the basis of presentation

given by tenderer which should include the tenderers technical proposal

amplifying and explaining the concept and the items proposed by the Tenderer.

The technical suitability and acceptability of the proposal submitted by the

Tenderer shall be adjudged as per Employer‘s requirements as stipulated in the

Tender documents. Tenders not considered substantially responsive and not

fulfilling the requirements of the tender documents shall be rejected by DIMTSS..

For this purpose the responsiveness of the tenderer shall be adjudged in

accordance with the criteria mentioned in Annexure 2 & marks for qualification

shall be allotted accordingly.

2233.. Technically qualified tenderers shall be intimated by registered post/fax/e-mail

about the date, time and place of opening of Financial Package. In the event of

the specified date being declared a holiday for DIMTS, the Financial Package will

be opened at the appointed time and location on the next working day.




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24 The Financial Package of those tenderers whose Technical Tender is determined

to be non-responsive pursuant to Clause 22 & 22Ashall be returned unopened to

the tenderers.

25. Opening of Financial Packages

25.1 The financial proposal of only those tenderers which comply with the

requirements of Clause 22 & 22 A above shall be opened in presence of the

tenderers or their representatives who choose to attend on the date intimated to

such tenderers.

25.2 The names of the tenderers whose Technical Package is found to be

substantially responsive, the tender prices, the total amount of each tender, any

discount, ‗modifications of Financial Package and such other details, as DIMTS

may consider appropriate will be announced by DIMTS at the opening of the

Financial Package.

25.3 The tenderers or their representatives who are present shall sign attendance

sheet evidencing their attendance.

26. Examination of Financial Packages and Determination of Responsiveness of

Financial Packages

26.1 DIMTS will determine responsiveness of each Financial Package with respect to

Priced Bill of Quantities, Technical Specifications, Drawings and other relevant

requirement of tender documents.

26.2 A substantially responsive Financial Tender is one which conforms to all the

terms, conditions and specifications of the tendering documents.

26.3 If the Financial Package not substantially responsive, it will be rejected by DIMTS

and may not subsequently be made responsive by correction or withdrawal of the

non-conforming deviation or reservation.

27. Correction of Errors

27.1 Financial Tenders determined to be substantially responsive will be checked by

DIMTS for any arithmetic errors. Arithmetic errors will be rectified on the

following basis:-

i) If a discrepancy is found in the rate in figures and in words, the rate in words

shall govern and the amount shall be worked out accordingly.




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ii) If the amount of an item is not worked out by the Tenderer or it does not

correspond with the rates written either in figures or in words, then the rates

quoted by Tenderer in words shall be taken as correct and amount worked

out accordingly.

iii) Where the rates quoted by Tenderer in figures and words tally but the amount

is not worked out correctly, the rates quoted by Tenderer will, unless

otherwise proved, be taken as correct and not the amount.

iv) if there is a discrepancy between the total tender amount and the sum of total

costs per item, the sum of the total costs per item shall prevail and the total

tender amount will be corrected.

27.2 The amount stated in the Form of Tender will be adjusted by DIMTS in

accordance with the above procedure for the correction of errors and shall be

considered as binding upon the tenderer. If the tenderer does not accept the

corrected amount of tender, his tender will be rejected, and his Tender Security

may be forfeited in accordance with Clause 13.

28. Evaluation and Comparison of Financial Tenders

28.1 DIMTS will evaluate and compare only those Financial Tenders which are

determined to be substantially responsive.

28.2 In evaluating the Financial Tenders, DIMTS will determine for each Financial

Tender the evaluated Tender Price by adjusting the Tender Price as follows:-

a) making any correction for errors pursuant to Clause 27;

b) making appropriate adjustments to reflect any price modifications

offered in accordance with Clause 20.

28.3 The estimated effect of the price adjustment provisions of the General/Special Conditions of Contract to be applied during the period of implementation of the Contract, shall not be taken into account in Tender evaluation

28.4 If the Tender of the successful Tenderer is seriously unbalanced in relation to

DIMTS‘ estimate of the cost of the items of the Works to be performed under the

Contract, DIMTS may require the tenderer to produce detailed price analysis for

any or all items and Bill of Quantities, to demonstrate the internal consistency of

those prices with the construction methods and schedule proposed. After

evaluation of the price analysis, DIMTS may require that the amount of the




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performance security set forth in Clause 35 be increased up to an additional 5

(five) per cent of the contract price or as decided at the expense of the

successful tenderer to protect DIMTS against financial loss in the event of default

of the successful tenderer under the Contract.

28.5 A tender, which contains several items in the Bill of Quantities which are

unrealistically priced low and which could not be substantiated satisfactorily by

the tenderer, may be rejected as non-responsive.

29 Clarification of Bids

29.1 To assist in the evaluation of tender, DIMTS may, at his discretion, ask any

tenderer to authenticate the correctness of the information/details furnished by

him in his tender. Such request by DIMTS and the response by tenderer shall be

in writing, but no change in the price or substance of the tender shall be sought,

offered or permitted except as required to confirm the correction of arithmetical

errors discovered by DIMTS in the evaluation of the tenders in accordance with

Clause 27.

29.2 Subject to Sub Clause 29.1, no tenderer shall contact DIMTS on any matter

relating to his tender from the time of tender opening to the time contract is

awarded.

29.3 Any attempt by the tenderer to influence tender evaluation, tender comparison or

decisions for contract award may result in the rejection of his tender.

30 PROCESS TO BE CONFIDENTIAL 30.1 Except the public opening of Tender, information relating to the examination,

clarification, evaluation and comparison of tenders and recommendations concerning the award of Contract shall not be disclosed to Tenderers or other persons not officially concerned with such process.

30.2 Any effort by a Tenderer to influence DIMTS in the process of examination,

clarification, evaluation and comparison of tenders and in decisions concerning

award of contract, may result in the rejection of the Tenderer‘s tender.

AWARD OF CONTRACT

31 AWARD CRITERIA 31.1 Subject to Clause 32, DIMTS will award, the Contract to the Tenderer, whose

tender is responsive & fulfills qualification criteria, complete, in accordance with




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the tender documents, and whose Evaluated Tender Price is determined to be

the lowest.

32 EMPLOYER'S RIGHT TO ACCEPT ANY TENDER AND TO REJECT ANY OR ALL TENDERS

Notwithstanding Clause 31, DIMTS reserves the right to accept or reject any

tender, and to annul the tender process and reject all tenders, at any time prior to

award of Contract, or to divide the Contract between/amongst Tenderers without

thereby incurring any liability to the affected Tenderer or Tenderers or any

obligations to inform the affected Tenderer or Tenderers of the grounds for the

DIMTS‘ action.

33 NOTIFICATION OF AWARD 33.1 Prior to the expiry of the period of tender validity , DIMTS will notify the

successful Tenderer by telegram or Tele-fax, to be confirmed in writing by

registered letter/courier, that his tender has been accepted. This letter

(hereinafter and in the Conditions of Contract called 'the Letter of Acceptance')

shall name the sum which DIMTS will pay to the Contractor in consideration of

the execution, completion, maintenance and guarantee of the works by the

Contractor as prescribed by the Contract (hereinafter and in the conditions of

Contract called 'the Contract Price'). The "Letter of acceptance" will be sent in

duplicate to the successful Tenderer, who will return one copy to DIMTS duly

acknowledged and signed by the authorized signatory, within one week of receipt

of the same by him. No correspondence will be entertained by DIMTS from the

unsuccessful Tenderers.

33.2 The Letter of Acceptance will constitute a part of the contract.

33.3 Upon "Letter of acceptance" being signed and returned by the successful

Tenderer as per Clause 33.1, DIMTS will promptly notify the unsuccessful

Tenderers and discharge / return their tender securities.

34 The successful tenderer shall submit the following documents within a period of 7

days from the date of issue of the Letter of Acceptance:

(a) Performance Guarantee

(b) Power of Attorney(s) and Board Resolution (In case of Foreign Bidders, to

be duly notarised by notary public and stamped by the Indian




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Embassy/High Commission) in case of any change than submitted

alongwith tender submittals.

35. PERFORMANCE GUARANTEE

35.1 Within 7 (Seven) days of the issue of the Letter of Acceptance, the successful

bidder shall deliver to DIMTS, a Performance Guarantee for an amount equivalent to 5% (five percent) of the Contract Price plus additional security for unbalanced bids in accordance with Sub Clause 28.4 and relevant Conditions of Contract.

35.2 The performance guarantee to be provided by the successful tenderer in favour

of DIMTS Ltd. shall be either (a) in the form of Demand Draft of any Nationalized/Scheduled Indian Bank

payable at New Delhi/Delhi in favour of DIMTS Limited. (b) or in the form of Government Securities or Fixed Deposit Receipts of any

scheduled Indian Bank duly pledged in favour of DIMTS Limited. (c) or in the form of Bank Guarantee from any Nationalized Indian Bank/any RBI

approved Scheduled Indian Bank. The format of Bank Guarantee shall be in accordance with the format of Performance Guarantee included in the bid document in ―Special Conditions of Contract‖

35.3 The performance guarantee shall be valid upto a period of 90 days beyond the

defect liability period. 35.4 Failure of the successful bidder to comply with the requirements of Clause 35

and 36 shall constitute sufficient grounds for cancellation of the award and forfeiture of the Tender Security including restriction on future participation in DIMTS‘ projects for a period as may be decided by DIMTS.

36 SIGNING OF AGREEMENT

After confirmation of issuance of performance security by the issuing bank,

DIMTS will direct the successful bidder to attend DIMTS‘ office on a date

determined by DIMTS for signing the Form of Agreement.




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ANNEXURE-1

1. Qualification/Eligibility Criteria for Technical Package

The evaluation of Technical Package will be based on Tenderers meeting all the

following minimum pass/fail criteria regarding their general and particular experience,

financial position, personnel and equipment capabilities and other relevant information

furnished by the Tenderer:

1.1 Experience

1.1.1 General Experience

The Tenderer shall provide documentary evidence that it has been in the business of interior works construction during the last 5 years in the role of prime contractor or partner in joint venture.

1.1.2 Particular Experience

The Tenderer shall provide documentary evidence that it has been:

((ii)) in operation for a period of at least 3 years as on 31.12.2009, as evidenced by the ―Certificate of Incorporation and Certificate of Commencement‖, isuued by any Registrar of Companies in India.

(ii) implemented at least three (3) Similar Works in India out of which at least one work should have been a Data Center, where the value of each work should be more than Rs. 1.00 Crore. For this purpose, ‗cost of work‘ shall mean gross value of the completed work including the cost of materials supplied by the Employer /Client, but excluding those supplied free of cost. The Data Center work should have housed at least 50 servers.

Similar work means construction of Command Center / Call Center with a carpet area of not less than 300 Sqm. comprising of false flooring / roofing, access control systems, fire detection, fire alarm and fire protection systems, burglar alarm system, smoke detection system, ups systems, networking racks, server racks etc.

((iiiiii)) The Tenderer must be ISO 9001:2000 or equivalent Certified Company.

(iv) For these, the certificate of satisfactory completion from Employer shall be submitted along with the application incorporating clearly the name of Contractor, name of the work, Contract value, billing amount, date of commencement of works, scheduled date of completion, actual date of completion, satisfactory performance of the Contractor, Quality of works executed (Very Good/Good/Fair/Poor), Time overrun if any(whether without levy of compensation/penalty, with levy of compensation/penalty or levy of compensation/penalty not decided) and any other relevant information.

Base Year and Escalation




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Following enhancement factors have to be used for updating the cost of works

executed to bring to a common base:

Year Multiplying factor

2009-10 1

2008-09 1.07 2007-08 1.14 2006-07 1.23

In case the financial figure and value of completed works are in foreign currency, the above enhanced factors will not be applied. Instead, actual amount in the foreign currency shall have to be converted into equivalent Indian Rupees (INR) at the State Bank of India BC selling rate as on the date two weeks prior to the last date of submission, clearly indicating the calculations.

1.2. Turnover

The Tenderer shall have achieved, during last three years (years to be considered shall

be 2008-09, 2007-08 & 2006-07) an average updated annual turnover from interior

construction works of at least Rs. 10 crore. The turnover refers to a company and not

the composite turnover of its subsidiaries/sister concerns etc.

The audited balance sheets for the last three years shall be submitted. The Tenderer must demonstrate the current soundness of the Tenderer's financial position, and indicate its prospective long-term profitability. If deemed necessary, DIMTS shall have the authority to make inquiries with the Tenderer's bankers. In case the balance sheet does not clearly show the turnover from interior construction works only, a certificate from Chartered Accountant certifying turnover from interior construction works out of total turnover shall also be submitted.

1.4 Deleted

1.4 Financial capability

1.4.1 Solvency

The Tenderer should submit a solvency certificate, certified by his Bankers, of at

least Rs. 2 crores. Solvency Certificate from the Bankers shall be submitted as per

form- T-4.

1.5 Personnel capabilities

The Tenderer shall supply general information on the management structure of the firm

and shall make provision for suitably qualified personnel to fill the key positions/support

staff/office staff as required during contract implementation for timely implementation of

works.

Requirement of minimum Key personnel with qualification and experience is given in

FORM T-7 of ―Instructions to Tenderers‖. The Tenderer shall give an undertaking (in the




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FORMAT of FORM T-7) to provide personnel for these positions satisfying the

qualification and experience requirements.

1.6 Equipment capabilities

Deleted

1.7 Litigation History

The Tenderer should provide accurate information about any litigation or arbitration

resulting from contracts completed or ongoing under its execution over the last five

years. A consistent history of awards against the Tenderer will result in failure of the

application.

1.8 Disqualification

Even though the Tenderer meets the above criteria, he is subject to be disqualified if

Tenderer has:

1.8.1 made misleading or false representation in the forms, statements and

attachments submitted; or

1.8.2 any criminal proceedings are pending/ ongoing in any court of law regarding any

project executed by the Tenderer.

1.8.3 has been debarred/blacklisted by DIMTS or any Government or Semi

Government Organization.

1.8.3 records of poor performance such as abandoning the work, rescinding of contract

for which the reasons are attributable to the non-performance of the Tenderer,

inordinate delays in completion, consistent history of litigation / arbitration

awarded against the Tenderer or any of its constituents or financial failure due to

bankruptcy, etc.

1.8.4 shown poor performance in any of the works at DIMTS.

1.8.5 any near relative posted in DIMTS in any capacity(any breach of this condition by the tenderer would render him liable to be debarred for taking up works in DIMTS). The near relatives include wife, husband, partners, grand-parents, children, grand children, brothers, sisters, uncles, aunts, cousins, and their corresponding in-laws.

1.8.6 Is under a declaration of ineligibility for corrupt or fraudulent practice

2. Joint Ventures/Consortium : Joint Ventures/Consortiums are not allowed to bid for the

project




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Annexure -2

Evaluation parameters for DCCC Presentation

The design and proposal of Data Centre/ Control Centre is based upon the following

considerations:

Complementary action to the design intent as stipulated in the tender documents & as shown in the Tender Drawings

Design is not only motivated by the form and function but ergonomic and safety are great concerns as well.

The DCCC meets user expectations – regardless of the experience levels of the users; the types of tasks users will perform in the Facility; the types of equipment used when using the Facility etc.

S No. Evaluation Parameter Remarks Maximum

Marks

1 Design 65

(a) Superior/Diverse 8

(i) Realistic appraisal of the

feasibility of proceeding with the

new proposal in context to site,

view, usage and cost.

e.g. interpretive criteria, general time frame, needed executor qualifications, possible arrangements for a manufacture/ installation, and a allowable cost for the execution of design.

2

(ii) Relevant needs/ requirement

assessment and translation into

design proposal to meet these

needs.

e.g. relevance to the transportation

needs etc.

2

(iii) Identify and review design failures

and address of such concerns in

the new proposal.

e.g. appropriate survey of existing

site conditions.

2

(iv) Address availability of needed

space, view, access etc.

e.g. given the context and relevant

constraints of the site, views etc.

2

(b) Appropriateness to location and use. 7

(i) Identify the major level(s) of user/

projects/ operational needs to be

served.

e.g., The three projects catered to

have special multi-disciplinary

requirements.

5

(ii) Identify nature and timing of

usage.

e.g. day- night, peak hour, future

expansion etc.

2

(c) Enhancements, creative expressions 10

(i) Conformity to mandated

standards, national norms,

e.g., CPWD, IS codes, Data centre

International standards etc.

5




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Marks

performance standards.

(ii) Provide a coherent solution through a multi disciplinary approach to the aesthetics, sturdiness, efficiency, relevance and integration criteria of the Facility.

e.g. the responsiveness to the

need for IT, HVAC, fire

fighting, access control Interior

Works etc.

5

(d) Scale and size 10

(i) Adequacy of size and numbers of users/ operators/ equipment/ Data for current and future needs.

5

(ii) Comfort and clarity of use, user should not find Facility too ambiguous/ confusing.

3

(ii) Facility design should demonstrate comparative and effective scaling/ sizing to similar settings or usage.

2

(e) Modularity 3

(i) Design should show feasibility to the available sizes of the proposed

material to demonstrate constructability.

3

(f) Co-ordinated family 3

(i) Groups of fixtures/ furniture/ materials can have a Qualitative narrative:

Show trends, patterns, and themes in the harmonious qualitative

information of the design.

2

(ii) The design should show independence of workability/ information/

usage also incase of any reduction in scope.

1

(g) Material -use 2

(i) Design must demonstrate optimum utilisation of proposed material. 1

(ii) Design must be designed such that it allows for manufacture/

installation in more than one type/ kind of material incase of

unavailability of any material.

1

(h) Fabrication 5

(i) Design must demonstrate optimum/ less labour intensive fabrication at

the site.

2

(ii) Design should encompass easy and hassle-free fabrication on site. 2

(iii) Design must be efficient and cost effective in terms of fabrication. 1

(i) Flexibility 5

(i) Design should show flexibility to adjust to change in scale (numbers,

user, project requirement etc.) of its context in the future.

5

(j) Sustainability 2

(i) Sustainability can mean social responsibility, use of non-polluting

technologies and certified materials and more.

1




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Marks

(ii) Adaptability to the future green needs ―Future forward‖ design. 1

(k) Detailing 10

(i) Level of detailing/ understanding of material and construction to its

micro level.

10

2 Technical, Functional and Maintenance 35

(a) Economy for Lifecycle & Running Cost 10

(i) Life cycle running cost to be included in the design solution. 10

(b) Universal Design 3

(i) Design to accommodate visitors. 3

(c) Ease in movement and connectivity 2

(i) Easily accessible 1

(ii) Easily visible 1

(d) Multi- functional 10

(i) Design must demonstrate usage by multiple users. 3

(ii) Design may adapt to change in usage. 3

(iii) Design may serve more than one usage at a time. 4

(e) Adaptability emerging to technology 5

(f) Functional specifications 5

Total Maximum Marks 100

A minimum of 60% of score is necessary in each of the Category mentioned above as 1 (Design) and 2 (Technical, Functional and Maintenance) individually and 70% of the aggregate in overall for Technical Qualification.




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INDEX ON

PROFORMA OF FORMS & EVALUATION CRITERIA

1. PROFORMA OF FORMS – GENERAL

Description FORM

I. Form of Tender with Appendix A-1

ii. Form of Bank Guarantee for Tender Security B

2. PROFORMA OF FORMS FOR TECHNICAL PACKAGE

Description FORM

i. General Information about Tenderer T-1

ii. Structure & Organization of tenderer‘s firm T-2

iii. Details of Annual Turnover & Profit/Loss T-3

iv. Solvency Certificate T-4

v. Details of works/contracts of similar nature executed

during last 3 years

T-5

vi Deleted T-6

vii Resources(Personnel) proposed for the project T-7

viii Deleted T-8

ix Proposed site Organisation chart with assignment of each

key staff member

T-9

x Brief report on understanding and comprehension of the

work involved, general approach and methodology

T-10

xi Information regarding Litigation history, debarment or

abandonment of any work by Tenderer

T-11 & T-12

xii Affidavit T-13

3. EVALUATION CRITERIA ANNEXURE-1 &

ANNEXURE-2




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Form A-1

FORM OF TENDER

Note : i. The Appendix forms part of the Tender

ii. Tenderers are required to fill up all the blank spaces in this form of Tender and Appendix.

To,

The Deputy General Manager (Projects),

Delhi Integrated Multi Modal Transit System Ltd.

1st Floor, Maharana Pratap I.S.B.T.,

Kashmere Gate, Delhi-110006.

Sub: _______(Name of Work)

Sir,

1. Having visited the site and examined the General as well as Special conditions of contract, current CPWD specifications with updated correction slip, Special/Additional Specifications, Instructions to Tenderers, Tender Drawings, Addenda etc. for the execution of above named works, we the undersigned, offer to execute and complete such works and remedy defects therein in conformity with the said Conditions of Contract, Specifications, Tender Drawings and Addenda for Development of Command & Control Center (DCCC) for Traffic System on Design & Build Basis.

2. We acknowledge that the Appendix to Tender forms an integral part of the

Tender.

3. We undertake, if our Tender is accepted, to commence the works within 7 days of issue of the Letter of Acceptance and to complete the whole of the Works comprised in the Contract within 3 months + 7 days calculated from the date of issue of the Letter of Acceptance, as indicated in the Appendix to Tender.

4. If our Tender is accepted, we will furnish a Bank Guarantee for Performance

Guarantee for the due performance of the Contract. The amount and form of




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such guarantee or bond will be in accordance with Clause 4.2 of the General Conditions of the Contract, Clause 35 of Instructions to Tenderers and as indicated in the Appendix to Tender.

5. We have independently considered the amount shown in Clause 8.5 of the

General Conditions of Contract as liquidated damages and agree that they represent a fair estimate of the damages likely to be suffered by you in the event of the work not being completed in time.

6. We agree to this Tender valid for a minimum period of 90 days from the date

fixed for receiving the same and it shall remain binding upon us and may be accepted at any time before the expiry of that period or any extended period mutually agreed to.

7. Unless and until a formal Agreement is prepared and executed, this Tender,

together with your written acceptance thereof, shall constitute a binding contract between us.

8. We declare that the submission of this Tender confirms that no agent,

middleman or any intermediary has been, or will be engaged to provide any services, or any other item of work related to the award and performance of this Contract and that we have not breached or will be breaching the Clause 4.33 of General Conditions of Contract. We acknowledge the right of the Employer, if he finds to the contrary, to declare our Tender to be non-compliant and if the Contract has been awarded to declare the Contract null and void.

9. We understand that you are not bound to accept the lowest or any tender you

may receive. 10. If our Tender is accepted we understand that we are to be held solely

responsible for the due performance of the Contract. Dated this…………day of………….2009

Signature …………………………………

Name………………..……………… in the capacity of

duly authorized to sign Tenders for and on behalf of…………..…………………

Address ……………………………………………………………………..………..

Company Seal




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FORM A-1

APPENDIX TO THE FORM OF TENDER

Condition of Contract

Clause No.

i. Amount of Bank

Guarantee as

Performance Security

4.2 of General Conditions

of Contract

5% of the

Contract Price

ii. Minimum amount of Third

Party Insurance


of Contract

Rs. 0.50 Million for any

one incident, with no. of

incidents unlimited.

iii Minimum value of

Contractor‘s proferssional

Liability Insurance


of Contract

Rs. 5 million

iv Period in which all

insurances have to be

effected


of Contract

From the date of

commencement

v Date of

commencement of

work from the date of

issue of letter of

acceptance (LOA)


of Contact

7 days from the date of

issue of Letter of

Acceptance

vi Time for completion from

the date of

commencement of work


3_months

vii Amount of liquidated

damages in case of

extension of completion

date due to delays by the

Contractor

8.5 of General Conditions 1.5% of the Contract

Price per month of

delay( to be computed

on per day basis)

The maximum limit of

Liquidated Damages

shall be 10% of the

Contract Price

viii Period of maintenance

i.e. ―Defects Liability

period‖ from the date of

10 of General Conditions

of Contract &

corresponding provisions

365 days from the date

of completion as

indicated in the taking




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completion as indicated

in ―Taking over

certificate ‖

in Special Conditions of

Contract

over certificate for the

whole works

ix Sub-contracting 4.5 of General Conditions

of Contract

As per provisions in

clause 4.5 of GCC &

corresponding

provisions in SCC

x Price Variation 11.1 of General Conditions

of Contract

As per provisions in

clause 11.1 of GCC &

corresponding

provisions in SCC

xi Mobilisation Advance


of Contract

Interest bearing

mobilisation advance

shall be paid as per

provisions in General

conditions of contract

xii Advance against Plant and

Machinery


of Contract

Interest bearing advance

against Plant and

Machinery shall be paid

as per provisions in

General conditions of

contract

Signature of authorized

signatory on behalf of

Tenderer

Date ……………

Name …………………….

Place ………….. ……….

Address ………………….

Company Seal




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FORM B

FORM OF BANK GUARANTEE FOR TENDER SECURITY

1. KNOW ALL MEN by these presents that we ………………………………….…...

(Name of Bank) having our registered office at ……………………… (Name of country)

(hereinafter called ―the Bank‖) are bound unto Delhi Integrated Multi Modal Transit

System Ltd., 1st Floor, Maharana Pratap I.S.B.T. Building, Kashmere Gate, Delhi –

110006 (hereinafter called ―the Employer‖) in the sum of Rs. _____ for which payment

will and truly to be made to the said Employer, the Bank binds itself, its successors and

assigns by these presents.

2. WHEREAS…………………………(Name of Tenderer) (hereinafter called ―the

Tenderer‖) has submitted its tender dated__________for (Name of the work as per

NIT) hereinafter called the tender.

AND WHEREAS the Tenderer is required to furnish a Bank Guarantee for the sum of

Rs ________________ as Tender Security against the Tenderer‘s offer as aforesaid.

AND WHEREAS_______________(Name of Bank) have, at the request of the

Tenderer, agreed to give this guarantee as hereinafter contained.

3. We further agree as follows:

a. That the Employer may without affecting this guarantee grant time or other

indulgence to or negotiate further with the Tenderer in regard to the conditions

contained in the said tender and thereby modify these conditions or add thereto

any further conditions as may be mutually agreed upon between the Employer

and the Tenderer.

b. That the guarantee hereinbefore contained shall not be affected by any change in

the constitution of our Bank or in the constitution of the Tenderer.

c. That any account settled between the Employer and the Tenderer shall be

conclusive evidence against us of the amount due hereunder and shall not be

questioned by us.

d. That this Guarantee commences from the date hereof and shall remain in force

till _________(date to be filled up) (up to 120 days from the date of deadline

for submission of tender).




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e. That the expression ‗the Tenderer‘ and ‗the Bank‘ herein used shall, unless such

an interpretation is repugnant to the subject or context, include their respective

successors and assigns.

4. THE CONDITIONS OF THIS OBLIGATION ARE:

a. if the Tenderer withdraws his Tender during the period of Tender validity

specified in the Form of Tender, or

b. if the Tenderer does not accept the correction of his tender price in terms of

Clause 28 of the ―Instructions to Tenderers‖.

c. if the Tenderer having been notified of the acceptance of his tender by the

Employer during the period of tender validity :

i. fails or refuses to furnish the Performance Guarantee in accordance with

Clause 35 of the ―Instructions to Tenderers‖ and/or

ii. fails or refuses to enter into a Contract within the time limit specified in Clause

36 of the ―Instructions to Tenderers‖.

We undertake to pay to the Employer mere on demand without demur upto the above amount upon receipt of his first written demand, without the Employer having to substantiate his demand provided that in his demand the Employer will note that the amount claimed by him is due to him owing to the occurrence of any one or more of the conditions (a), (b), (c) mentioned above, specifying the occurred condition or conditions.

Signature of ………………………….

Authorized Official of the Bank

Signature of the witness

…………………………………….

Name of Official ……………………..

Designation …………………………..

Name of the Witness

…………………………………….

Stamp/Seal

of the Bank ……………………………

Address of the Witness

…………………………………….




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FORM T-I

GENERAL INFORMATION

All Tenderers are requested to complete the information in this form. Nationality information to be provided for all owners or Tenderers who are partnerships or individually owned firms.

Nationality of Owners (*)

Name Nationality

1.

2.

3.

(*) To be completed by all owners of partnerships or individually owned firms.

1. Name of firm

2. Head office Address

3. Telephone Contact

4. Fax E-mail

5. Place of incorporation / registration

Year of incorporation registration




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Form T-2

STRUCTURE & ORGANISATION

1. Name & Address of the Tenderer

2. Telephone No. /Telex No. /Fax No.

3. Permanent Account No.

(attached copy of PAN.)

4. Employees Provident Fund

Account No.

5. Legal status of the Tenderer

(attached copies of original

Document defining the legal status).

a) An Individual

b) A proprietary firm

c) A firm in partnership

d) A limited company or Corporation

6. Particulars of registration with various Government bodies (attach attested photo-

copy).

Organisation/Place of registration No. Registration No. & Date




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7. Names and Titles of Directors & Officers with

designation to be concerned with this work.

8. Designation of individuals authorized to act for the

organization.

9. Whether the Tenderer is a share holder or partner of any firm enlisted in DIMTS or any other Department.

10. Whether the Tenderer or any of his partners or share holders is / are members of the Indian Parliament or any State Legislature or relative of any of officers in Delhi Integrated Multi Modal Transit System. If Yes, name and particulars of such officer along with the relationship to the Tenderer / partner.

11. Name of partners with their respective shares in the firms (attested copy of partnership deed to be enclosed) and affidavit of sole proprietorship in case of individual Tenderer.

12. Was the Tenderer ever required to suspend construction for a period of more than six months continuously after you commenced the construction? If so, give the name of the project and reasons of suspension of work.

13. Has the Tenderer or any constituent partner in case of partnership firm, ever abandoned the awarded work before its completion? If so, give name of the project and reasons for abandonment.

14. Has the Tenderer or any of his constituent partners or share holders has ever been black-listed or removed from the approved list of contractors, or demoted to a lower class or orders passed banning / suspending business with the applicant etc. by any Organization in the past. If so give details.

15. In which field of Civil Engineering construction the Tenderer has specialization and interest?

16. Number of years in the construction Industry.

17. Any other information considered necessary but not included above.




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18. Whether the Tenderer or his constituent partners or share holders are in any capacity near relatives (*) of any employee in DIMTS. If Yes, name and designation of officer in DIMTS to whom the Tenderer or his constituent partners or share holder is a near relative.

19 Whether the Tenderer or any office partners/Directors retired as an Engineer of Gazetted rank or as any Gazetted Officer employed in Engineering Administrative duties in the Engineering Departments of the Delhi Administration and/or DIMTS during the last two years. If Yes, name of such partners/Directors including last designation held in DIMTS or Engineering Department, of Delhi Govt

(Applicable only for limited companies and partnership firms).

(*) That includes wife, husband, partners, grand-parents, children, grand children,

brothers, sisters, uncles, aunts, cousins, and their corresponding in-laws.




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Form T-3

ANNUAL TURNOVER DATA

Name of Tenderer :

Turnover Details

(in Indian rupees)

Financial Year

2008-09 2007-08 2006-07

Turnover from Civil

Construction work

Note:

1. The audited balance sheets for the last three years shall be submitted. In case the balance sheet does not clearly show the turnover from civil construction works only, a certificate from Chartered Accountant certifying turnover from civil construction works out of total turnover shall be submitted.

2. In case of turnovers in foreign currency, the figures are to be given in relevant currency and Figures in INR may be worked out as per SBI BC selling rates prevalent at that time, clearly indicating the calculations.




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Form T-4

SOLVENCY CERTIFICATE FROM A SCHEDULED BANK

This is to certify that to the best of our knowledge and information

that M/s_____________________or Shri____________ a customer of our Bank

is respectable and can be treated as good for any engagement up to a limit of

Rs.______________ (Rupees________________________________________.

This certificate is issued without any guarantee or responsibility on the

Bank or any of its Officers.

(Signature)

for the Bank.

Note:

1. This certificate may be issued on the letterhead of the Bank and

addressed to the Deputy General Manager (Projects), Delhi Integrated Multi

Modal Transit System, Delhi.




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Form T-5

Details of Contracts of Similar Nature and Complexity Completed during the current financial year 2009-10 or last three years (years to be

considered shall be 2008-09, 2007-08 & 2006-07) Name of Tenderer. Tenderer should provide information to demonstrate that they meet the requirements stated in the Qualification/Evaluation Criteria.

Use separate sheet(s) for each Contract as per following format .

1. Contract Number of Contract

Name of Contract

Country

2. Name of Employer

3. Employer’s address (Give telephone and fax no.)

4. Nature of works and special features relevant to the Contract for which the

Applicant wishes to tender

5. Work executed as:(tick one)

Prime contractor Partner in a Joint Venture

6. a)

b)

Value of the total contract

Amount of work sub-contracted by the firm

7. Date of award

8. Scheduled Date of Completion

9. Contract duration (years and months)

----------- years ---------- months

10. Actual Date of Completion

11. Narrative Description of Project: Type of project, Any other feature/detail, if any.

12. Time Overrun, if any and whether without levy of compensation/penalty, with levy of

compensation/penalty or levy of compensation/penalty not decided

13 Employer’s certification regarding quality of work : Very Good/Good/Fair/Poor

14 Name , Address, Contact No. of any officer of Employer(not below the rank of Executive

Engineer/Project Manager) to whom any reference may be made




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NOTE: Experience/Completion certificate from Employer, covering the above details i.e.

incorporating clearly the name of Contractor, name of the work, Contract value, billing

amount, date of commencement of works, scheduled date of completion, actual date of

completion, satisfactory performance of the Contractor, Quality of works executed(Very

Good/ Good/Fair/Poor), Time overrun if any(whether without levy of compensation/

penalty, with levy of compensation/penalty or levy of compensation/penalty not decided),

Further, documentary proof in form of copy of agreement, completion certificate etc. in

support of information given above must be submitted for each project. Otherwise the

project experience shall not be considered for evaluation.




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Form T-6

Deleted




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Form T-7

(TO BE PROPOSED)

RESOURCES PROPOSED FOR THE PROJECT – PERSONNEL

The figures indicated below are the minimum number of Project-Personnel required to be deployed.

S.

No.

Position Remarks

1 Team Leader Min experience of 15 yrs in similar works

2 Architect Min experience of 10 yrs in similar works

3 Site Engineer Min experience of 10 yrs in similar works.

4 IT Engineer Min experience of 5 yrs in similar works

5 Networking specialist Min experience of 5 yrs in similar works

6 Safety/QA/QC Engineer Min experience of 5 yrs in similar works

7 Site Supervisors (2) Min experience of 5 yrs in similar works

We confirm to deploy project-personnel as per the above mentioned minimum

requirement and also confirm to deploy manpower over and above the minimum numbers

indicated above, as required for timely implementation of project.

Signature of Tenderer Name of Firm

Date




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Form T-8

Deleted




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Form T-9

PROPOSED SITE ORGANISATION

A. SITE ORGANISATION CHART

B. NARRATIVE DESCRIPTION OF SITE ORGANISATION CHART

C. DESCRIPTION OF RELATIONSHIP BETWEEN HEAD-OFFICE AND *SITE

MANAGEMENT

* Indicate clearly distribution of authority and responsibility between Head Office

and Site Management.




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FORM T-10

TECHNICAL PROPOSAL

A. UNDERSTANDING AND COMPREHENSION OF THE WORK INVOLVED

(The tenderer shall give a brief on these items)

B. GENERAL APPROACH AND METHODOLOGY INCLUDING SUCH DETAILED

INFORMATION AS DEEMED RELEVANT.

(The tenderer shall give a brief on these items)

C. TENDER WORK SCHEDULE

(Please attach the work schedule)

* Indicate clearly distribution of authority and responsibility between Head Office and Site

Management.




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FORM T-11

Litigation/Arbitration History

Name of Tenderer

Tenderer, should provide information on any history of litigation or arbitration resulting

from contracts executed in the last five years or currently under execution

Year

Award FOR

or AGAINST

Tenderer

Name of

Project

Name of client, cause

of litigation/

Arbitration and

matter in dispute

Disputed

amount

(current

value)

Actual Awarded

Amount

Note: 1. In case of amounts in foreign currency, the figures are to be given in relevant currency

and Figures in INR may be worked out as per SBI BC selling rates prevalent at that time.




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FORM T-12

INFORMATION REGARDING CURRENT LITIGATION, DEBARRING / EXPELLING OF

TENDERER OR ABANDONMENT OF WORK BY TENDERER

1 (a) Does the Tenderer has consistent history of …..Yes/No litigation/arbitration awarded against him.

(b) If yes, give details

2 (a) Has the Tenderer been …..Yes/No debarred/blacklisted by any Organisation in India as on the date of application, except on account of reasons other than non-performance , such as rescinding of joint venture due to most experienced partner of joint venture pulling out, court directions leading to breaking up of a joint venture before start of work.


3 (a) Has the Tenderer abandoned …..Yes/No any contract work in India


4 (a) Has the Tenderer ever been declared bankrupt during the last 5 years …..Yes/No

(b) If yes, give details, including present status 5. Has the Tenderer been ….Yes/No

debarred by DIMTS as on the date of application

Note : If any information in this schedule is found to be incorrect or concealed, Tender will be summarily rejected.




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FORM T-13

AFFIDAVIT*

I,________________ S/o Sh. ______________ authorized representative of M/s

_________ with its office at ________________ solemnly affirm and declare as under

on behalf of the firm:-

1. I/We is/are submitting tender for _______(Name of project)

2. I/We, the undersigned, do hereby certify that all the statements as contained in the tender and annexures thereto are true and correct.

3. I/We, the undersigned, also hereby certify that neither our firm M/s _________________ nor any of its constituent partners have abandoned any work/ contract awarded to us for which the reasons are attributable to the non-performance of the contractor.

4. I/We, the undersigned, also hereby certify that no criminal proceedings are pending/ ongoing in any court of law regarding any project executed by our firm.

5. I/We, the undersigned, also hereby certify that our firm has not been

debarred/blacklisted by DIMTS or any Government or Semi Government Organization.

6. The undersigned hereby authorize(s) and request(s) any bank, person, firm or corporation to furnish pertinent information deemed necessary and requested by DIMTS to verify this statement or regarding my (our) competence and general reputation.

7. I/We, the undersigned, understand and agree that further qualifying information may be requested, and agrees to furnish any such information at the request of DIMTS.

[Deponent]

Signed by an Authorized Officer of the Tenderer

Title of Officer

Name of Tenderer

Date

VERIFICATION

I/We, the above named deponent do hereby solemnly affirm that the information contained in para 1 to 7 above are true and correct as per my knowledge and records and nothing material has been concealed there from.

Verified on ______ , 2009 at ________.

[Deponent]

* To be given on Non-judicial stamp paper of Rs.10/- duly signed by authorized notary.

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3. EMPLOYER’S REQUIREMENT

EMPLOYER'S REQUIREMENTS - GENERAL

EMPLOYER'S REQUIREMENTS - FUNCTIONAL

EMPLOYER'S REQUIREMENTS - DESIGN

EMPLOYER'S REQUIREMENTS - CONSTRUCTION




Volume 1 – Employer‘s Requirement

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3-1

EMPLOYER'S REQUIREMENTS - GENERAL

1. INTRODUCTION

These Employer's Requirements are divided into four sections as follows :

(a) General: these apply throughout the Contract.

(b) Functional: these include the specific core requirements for the design and

performance of the Works.

(c) Design: these apply in respect of duties relating to the design of the Works.

(d) Construction: these apply in respect of duties and other requirements relating to the

construction of the Works.

2. DEFINITIONS AND INTERPRETATIONS

In addition to the words and expressions defined in the General Conditions of Contract

(GCC), further following words and expressions shall have the meaning assigned to

them except where the context otherwise requires :

"As-Built Drawings": means those drawings produced by the Contractor and endorsed by it as

true records of construction of the Works and which have been agreed with the

Engineer.

"Combined Services Drawings" (CSD): means drawings showing the locations, layouts and

sizes of all services including those of other contractors co-ordinated so as to eliminate

all clashes.

"Construction Phase": has the meaning identified in Clause 4 of the Employer's Requirements

- General.

"Construction Reference Drawings": means those drawings referred to in Clause 2(8) of

the Employer's Requirements - Design in respect of which a Notice has been issued.

"Construction Reference Drawings Submission": means the submission of Construction

Reference Drawings representing elements of the Works and for which the Contractor

seeks a Notice.

"Construction Specification": means those parts of the Standard Outline Specification which

relate to construction.





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"Definitive Design Submission": means the submission of documents which comprise the

whole or parts of the proposed Definitive Design and for which the Contractor seeks a

Notice.

"Design Manual": means the manual to be prepared and submitted by The Contractor as part

of the Definitive Design and as described in the Employer's Requirements - Design.

"Design Package": has the meaning identified in Clause 2(5) of the Employer's Requirements -

Design.

"Design Phase": has the meaning identified in Clause 4 of the Employer's Requirements –

General

"Design Criteria": means those parts of the Standard Outline Specification which relate to

Design.

“Final Design”: has the meaning identified in Clause 3(5) of Employer‘s Requirements –

Design.

"Notice": means a Notice of No Objection.

"Particular Specification": means the combined specifications prepared by the Contractor in

CSI format which combines the Employers Design Criteria, the Employer's Outline

Construction Specifications and those parts of the Contractor's Technical Proposals

which specify standards for design and construction which are developed during the

Design Phase.

“Preliminary Design”: means the submission of documents which comprise the initial stage of

the design phase.

"Services, Electrical, Mechanical Drawings" (SEM): means those drawings produced by the

Contractor executing the service works showing the locations, sizes and details for

Mechanical and Electrical facilities and other related contracts.

"Standard Outline Specification": means the Design Criteria and the Outline Construction

Specifications that specify standards issued by the Employer for development by the

Contractor for design and construction.

"Specification": has the meaning identified in Clause 5 of the Employer's Requirements -

General.

"Working Drawings": comprise the Construction Reference Drawings and such other drawings

and documents, such as bar bending schedules and manufacturing drawings, as are

necessary to amplify the Construction Reference Drawings for construction purposes

and endorsed as required by the Engineer.





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3 RELEVANT DOCUMENTS

The Design Criteria shall be read in conjunction with the General Conditions of Contract (GCC),

the Special Conditions of Contract (SCC), the Employer‘s Requirements, the Drawings and any

other document forming part of the Contract.

In the event of a conflict between the Employer‘s Requirements and any Design Criteria, the

Design criteria shall prevail.

In the event of a conflict between any Design Criteria and any other standards or specifications

quoted, the requirement of the Design Criteria shall prevail.

Notwithstanding the precedence specified above the Contractor shall always immediately seek

advice from the Engineer in the event of conflicts between Specifications.

The order of precedence is:

Design Criteria

Employer‘s Requirements

Indian and other International Standards referenced herein.

Indian and other International Standards.

4 PHASES (DESIGN AND CONSTRUCTION)

(1) The Contractor shall execute the Works in two phases, the Design Phase and the

Construction Phase.

(2) The Design Phase shall commence upon the date of Notice to Proceed. This phase shall

include the preparation and submission of :

(a) the Preliminary Design

(b) the Definitive Design; and

(c) the Construction Reference Drawings.

The Design Phase will be complete upon the issue of a Notice in respect of the comprehensive

and complete Construction Reference Drawings Submission for the whole of the Works.

(3) The requirements for the Preliminary Design, Definitive Design and Construction

Reference Drawings are stated in Clause 2 of the Employer's Requirements -Design.

(4) The Construction Phase for the whole or a part of the Works shall commence

immediately upon the issue by the Engineer of a Notice in respect of the relevant

Construction Reference Drawings Submission. Such Notice may be issued by the

Engineer in respect of a Construction Reference Drawing Submission covering a major





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and distinctive part of the Works. However, construction shall not be commenced until the

original negatives of the appropriate Working Drawings have been endorsed :

(a) by the Contractor as "Good for Construction"; and

(b) by the Engineer that he has no objections to the drawing.

The Construction Phase shall include the completion and submission of the Final Design and

the preparation and submission of the As Built Drawings and other records as specified.

(5) Notwithstanding Clause 4(4) above, for those elements identified under Clause 2(6) of

the Employer's Requirements - Design, the Construction Phase may commence immediately

upon the issue of the Notice in respect of the Definitive Design Submission in respect of each

such element subject to availability of the site in accordance with agreed programme.

5. SPECIFICATIONS

In accordance with the provisions of these Employer's Requirements, the Contract Specification

contained in the Contract shall be developed during the design stage and submitted as part of

the Definitive Design Submission. When the Specification has received a Notice of No

Objection from the Engineer it shall become the Particular Specifications and shall take

precedence over the other Specifications for construction purposes.

6. SPECIFICATIONS IN METRIC AND IMPERIAL UNITS

(1) The Contract shall utilise the SI system of units. Codes and Standards in imperial units

shall not be used unless the Engineer has given his consent.

(2) Conversion between metric units and imperial units shall be in accordance with the

relevant Indian Standards.

7. WORKS PROGRAMME

(1) The Key Dates are defined in Appendix 2B to these Employer's Requirements. (2) The Contractor shall prepare and submit its Works Programme and the detailed

requirements contained in Appendices 3 and 4 to these Employer's Requirements.

(3) In compiling its Works Programme and in all subsequent updating and reporting, the

Contractor shall make provision for the time required for co-ordinating and completing

the design, testing, commissioning and integrated testing of the Works, including, inter

alia, design co-ordination periods during which the Contractor shall co-ordinate its

design with those of Designated Contractors, the review procedures, determining and

complying with the requirements of all Government Departments and all others whose

consent, permissions, authority or licence is required prior to the execution of any work.

(4) The Works Programme shall take full account of the Design Submission Programme.





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8. MONITORING OF PROGRESS

(1) The Contractor shall submit to the Engineer six copies of a Monthly Progress Report

(MPR), as described in Appendix 5 to these Employer's Requirements, describing the

progress and current status of the Works. The MPR shall address the matters set out in

the Works Programme.

(2) The MPR shall be submitted by the end of each calendar month. It shall account for all

works actually performed from twenty sixth day of the last month and up to twenty fifth

day of the current month

(3) The MPR shall be divided into two sections. The first section shall cover progress and

current status relating to design and the second section shall cover progress and current

status relating to construction.

(4) A monthly meeting to monitor the progress of the project shall be convened by the

Engineer, Contractor‘s site agent and site agent of all interfacing contractor shall also

attend the meeting. The Employer may also be present in the meeting.

(5)

9. QUALITY ASSURANCE

The Contractor shall establish and maintain a Quality Assurance System in accordance

with Appendix 6 to these Employer's Requirements for design and construction

procedures and the interfaces between them. This Quality Assurance system shall be

applied without prejudice to, or without in any way limiting, any Quality Assurance

Systems that the Contractor already maintains.

10 SOFTWARE SUPPORT

GENERAL

(1) The Contractor shall provide full support to the Employer or Engineer for all computer

programs provided by the Contractor under the Contract.

(2) The Contractor shall submit a software support plan at least 90 days before

commencement of software installation. This plan shall require the Contractor to provide

all changes, bug fixes, updates, modifications, amendments, and new versions of the

program as required by the Engineer.

(3) The Contractor shall provide all tools, equipment, manuals and training necessary for the

Employer / Engineer to maintain and re-configure all the software provided under the

Contract.

(4) The Contractor shall submit all new versions to the Engineer for review at least 2 weeks

prior to their installation. New Versions of any program shall not result in any non-

conformance with the Specification, or degrade the operation of the System. The

Contractor shall:





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ensure that all new versions are fully tested and validated on the simulation and

development system prior to installation.

ensure that all new versions are fully tested and commissioned once installed on

the Site.

deliver to the Employer/Engineer any new version, together with the updated

Operation and Maintenance Manuals.

(5) The Engineer shall not be obliged to use any new version and that shall not relieve the Contractor of any of its obligations. Any effect upon the performance or operation of the computer controlled system that may be caused by a new version shall be brought to the Engineer attention including updating the files to suit new version.

SECURITY OBLIGATIONS

(6) Within 7 days of the installation of any software into the Works by the Contractor, the

Contractor shall submit to the Engineer for retention by the Employer/Engineer two back

up copies of the software, which shall include, without limitation:

All licenses in favour of Employer for their use.

all source and executable code;

all design documentation relating to the software; and

any specified development tools required for maintenance of the software, including,

but not limited to, editors, compilers and linkers.

ERROR CORRECTION

(7) When a fault is discovered within delivered software or documentation, the Contractor

shall take necessary steps to rectify errors or faults at the earliest.

(8) The Contractor shall provide written details as to the nature of the proposed correction to the Engineer.

(9) The Contractor shall notify the Employer promptly of any fixes or patches that are

available to correct or patch faults.

(10) The Contractor shall detail any effect such fixes or patches are expected to have, upon

the applications.

TRAINING

(11) The Contractor shall provide training for the Employer‘s staff to enable the Employer to

make proper use of any software and its new versions.

11. DELETED





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12. DELETED

13. CLIMATIC CONDITIONS

Delhi experiences extreme climatic conditions and tenderers must acquaint themselves

about the same before submitting the tender. The Employer shall in no way be

responsible on this account.

14. DELETED

15 CONTRACTOR’S PROJECT ORGANISATION

(1) The Contractor shall have a competent team of Managers, Engineers, Technical staff etc

so as to complete the work satisfactory as per various requirements of the contract.

(2) Deleted

(3) The designations of the various project organisations team members shall be got

approved by the Engineer before adoption so as to avoid any duplication of the

designations with those of the Employer or the Engineer.

16. DELETED

17. MAINTENANCE REPORT

(1) The Maintenance Report shall be submitted as part of the Definitive Design and shall

include full details of the long term inspection and maintenance operations for each

major component.

(2) The Contractor shall provide inspection and maintenance manuals.

(3) For each area an inspection checklist shall be supplied giving inspection frequency,

items to be inspected, criteria for acceptance, criteria for remedial works and details of

the remedial works, including proposed materials and method statements. The

recommended regular maintenance regime of each area shall also be given.

(4) Deleted

(5) All instruments necessary to carry out the inspections and monitoring that are identified

in the report shall be provided by the Contractor within the lump sum tender price.

(6) The Contractor shall provide training to at least 4 persons the Employer's staff for at least one week. The training shall cover all aspects of inspections, maintenance and monitoring of all the works as described in the Contractor's Maintenance Report. The training shall be carried by qualified engineers or supervisors and maintenance. The Contractor shall be responsible for the reception, hotel and travel arrangements for the Employer‘s staff and each trainee in India or Abroad if required and be responsible for the general welfare of trainees under its control.





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EMPLOYER'S REQUIREMENTS – FUNCTIONAL

Objective

The objective of the contract is the design, construction completion, testing and

commissioning of the works by the Contractor (including without limitation, the design,

construction and removal of the Temporary Works) and the rectification of defects

appearing in Works in the manner and to the standards and within the time stipulated by

the Contract. In full recognition of this objective, and with full acceptance of the

obligations, liabilities and risks which may be involved, the Contractor shall undertake

the execution of the Works.

1. GENERAL

(1) The design and performance of the Works shall comply with the specific core

requirements contained in these Employer‘s Requirements -Functional.

(2) The design of the Works shall be developed in accordance with these Employer's

Requirements - Functional, the Contractor's Technical Proposals and the other

requirements of the Contract.

(3) The Works shall be designed and constructed to the highest standards available using

proven up-to-date good practice. The Specification shall in any case not specify

standards which, in the Engineer's opinion, are less than or inferior to those described in

the Outline Design Specifications (Design Criteria) and Outline Construction

Specifications contained in the Tender Documents. Construction shall be carried out

employing the procedures established by the Contractor in his Quality, Safety and

Environmental management plans.

(4) The Contractor shall be responsible for obtaining all necessary approvals from the

relevant agencies in the design and construction of the works.

2. SCOPE OF WORKS

The Scope of Works include but not limited to following:

Civil & Interiors

Electrical Distribution & UPS system

Precision Air Conditioning System

Structured Cabling System

Safety & Security Covering the following sub-systems

o Fire Alarm

o Rodent Repellent

o Water Leakage Detection





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o Access Control

o CCTV

o VESDA

o FM200

The Scope of Works defined here shall be read in conjugation of the requirement mentioned in the Outline Design & Construction Specifications.

The Scope of work to be undertaken by the Tenderer for setting up and operating Command & Control Center for traffic system has been defined but not limited to the following:

1. Design, Supply, Installation, and Commissioning Phase

2. Operation and Maintenance phase

2.1. Design, Supply, Installation, and Commissioning Phase

The broad scope of work during this phase will include the following, but is not limited to:

Design of the Data & Command Center Physical Infrastructure comprising of Civil,

Electrical & Mechanical works required to build a Data Center. This shall also include

site preparation to make it suitable for setting up a Data Center.

Multi-layer physical security infrastructure to prevent unauthorized access to the Data

Center, help desk and other monitoring and management services.

Supply and Installation of Physical infrastructure components such as high efficiency

UPS systems and state of the art In-Row cooling System, Floor mount power distribution

system, Fire Detection and Control System, Diesel Generator Units, Lighting system,

Power, IP based Surveillance systems, Infrastructure management software solutions

and power cabling etc.

Integration, Commissioning & Acceptance Testing shall involve the completion of the

Data Center site preparation, supply and installation of the required components &

training on data center infrastructure.

All documentation generated during design, installation and commissioning phase shall

always be made available to DIMTS authority on request.

2.1.1 Design Considerations

The design should ensure an uptime of 99.9% on a quarterly basis.





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2.1.1 A. Scalability

All components of the Data & Command Center must support scalability to meet the

requirements and demand of various projects of DIMTS. The Command & Control

Center should expandable to take care of scalability requirements in terms of number of

servers, racks, command center staff, work stations etc. contingent to available space.

All the power consuming components, like ups cooling units & power distribution units in

the Data center shall have scalability options to avoid over sizing & reduce the incredible

wastage of power.

2.1.1 B. Modularity

Modular design of the Data and Command Center is an excellent strategy to address

growth without major disruptions. DIMTS intend to build a scalable data center which

can easily be expanded or upgraded on demand. For DIMTS scalability is important

because new computing equipments are constantly being deployed either to replace

legacy component or to support new missions critical projects. Preferably all the

Components used in the Data Center physical architecture must be modular & hot-

swappable in nature, so that DIMTS can minimize the human error as well as down time

due to critical faults. Modular components are recommended to reduce the deployment

time as well as the re-deployment time in case forced to change the Data Center

location due to any kind of natural calamities.

2.1.1 C. Availability

All the components of the data center must provide adequate redundancy to ensure high

availability to all DIMTS projects and other Data Center services. Designing for

availability assumes that systems will fail, and therefore the systems are configured to

mask and recover from component with minimum application outage. The bidder shall

make the provision for high availability for all the services of the data center. All the

critical components used in the physical architecture shall provide multiple level of

redundancy to reduce the MTTR (Mean time to repair) & to provide the maximum uptime

to the Data Center.

2.1.1 D. Security

The DIMTS layout should be divided into four areas such as:

Sever rack Area -is the secure area which has a restricted access. This area mainly

consists of storage and database servers which are not directly accessible to the outside

Area. This area shall be separated by using biometric access control systems.





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Network room - includes the staging area as well as racks from lease line service

providers. This area shall be physically separated from Sever rack area & shall restrict

unauthorized access.

Electrical room – is the area where all the electrical panels, fire alarm panels & FM200

gas cylinders, UPS & related input out put panels shall be placed.

NOC - would be an area for monitoring & management of Data center. Access to

electrical panel room area shall be opening from NOC. LCD display units shall be

installed in this area & the same shall be mounted on to the ceiling. Fire rated half glass

partition shall be provided on all three walls of main server area facing NOC, Passage &

Network room.

Visitor Gallery: should have 5(Five) people‘s seating capacity, 5(five) people‘s standing

capacity, Display area, Demonstration area, reception‘s office and Manager‘s Cabin

2.1.1 E. Manageability

The Data center shall be designed in an efficient way to ensure an easy maintenance. It

must facilitate ease of configuration, ongoing health monitoring, and failure detection of

all components supporting data Center. The design must be able to match the growth of

the environment.

A BMS which shall capable to record historical data, events and sent event details

through email shall been provided to monitor & maintain the maximum up time for all the

components in side the Data and Command Center.

The system shall be browser accessible which can monitor multiple parameters of all the

infrastructure components, like uninterrupted power supply units, Cooling units, power

distribution units, rack level PDUs, Environment monitoring units, DG sets, Cameras,

access, Power systems, Illumination system, Electric power control system, Heating,

Ventilation and Air-conditioning (HVAC) System, Security and observation system,

Biometric access system, Fire alarm system, Burglar alarms, Water leakage control,

Other engineering systems etc.

2.1.1 F. Total Cost of ownership

All the above design parameters shall help DIMTS to reduce the capital investment as

well as the operating & maintenance cost of the Data Centre. DIMTS intend to build a

highly efficient data center infrastructure which can maintain a PUE of (Power utilization

effectiveness) less than 2. This means the Data Center over all efficiency shall be

maintained above 50% starting from 30% loading to 100% loading.





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The component level recommendations to improve the over all Data & Command Center

efficiency is:

1. High efficiency IGBT front end UPS.

2. Capacity management solutions.

3. Energy efficient lighting.

4. Air flow management solutions, like blanking panels.

2.1.2 Supply / Installation

DIMTS shall provide the necessary minimum constructed space for locating the Data

and Command Center. Selected bidder shall arrange for necessary clearances which

shall enable them to undertake civil, electrical, and mechanical works including false

ceiling, partitioning, installation of electrical components, cable laying etc at the Data

center site as per industry best practices and with highest category of input materials( all

of them shall be ISI certified) confirming to Outline Design & Construction Specifications.

All electrical cables will be mounted above ceiling and Data & Network cables under the

false floor. Site can be inspected by bidder for accessing site conditions, floor loading, to

find the available shafts etc.

The selected bidder shall procure and install all IT infrastructure components, installation

shall mean to install and configure / integrate every component and subsystem

component, required for functioning of the Data center.

2.1.3 Testing and Commissioning

Commissioning shall involve the completion of the Data and Command Center site

preparation, supply and installation of the required components and making the Data

Center available to DIMTS installation of server network, storage, work station, LCDs,

Barco Screens and other components needed for carrying out live operations. Test need

to be carried out as per approved Acceptance Test Procedure. Any tools and equipment

required for carrying out tests has to arrange by the bidder at their own cost.

2.1.4 Final Acceptance Testing (FAT)

Prerequisite for Carrying out FAT activity:

Detailed test plan shall be defined by the bidder and mutually agreed with DIMTS. This

shall be submitted by bidder before FAT activity to be carried out. All documentation

related to data center and relevant acceptance test document should be completed &

submitted before the final acceptance test to DIMTS. One day training section shall be





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arranged to DIMTS support staff & the same shall be completed before the final

acceptance test.

The FAT shall include the following:

1. Availability of all the defined services shall be verified.

2. Field service engineer shall demonstrate all the features / facilities / functionalities of

all the infrastructure components installed & mentioned in the RFP.

3. The Filed service engineers will arrange the test equipment required for performance

verification.

4. Successful bidder will also provide documented test results.

5. Successful tenderer will assist DIMTS in the set up of operational infrastructure such

as Work stations, Servers, storage and Network __, LCD & BARCO screens,

manpower etc. Vendor shall ensure that the design is in sync with operational

requirements and shall make necessary change to cater for the same.

2.1.5 Training

The selected bidder shall conduct training after installation and commissioning has been

completed. Training will be provided for 4 persons for at least one week. All the training

material and other associated expenses shall be borne by the bidder. The training shall

cover both IT infrastructure and related software solutions involved in the build up of

data center.

2.1.6 Documentation

Indicative list of documents include project plan in MS project giving out micro level activities

with milestones,

1. Dependencies and deadlines.

2. Original manuals and CDs from OEMs.

3. Training material will be provided which will include the presentations used for

trainings and also the required relevant documents for the topics.

4. The selected bidder shall submit a complete set of

Floor Layout Drawings,

Drawing of BMS components,

Single Line diagram.

Complete cabling system layout (as installed), including cable routing.

The layout shall detail locations of all components and indicate all wiring

pathways.

5. The bidder shall be responsible for preparing process documentation related to the

operation and maintenance of each and every component of the Data Center.





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6. The prepared process document shall be formally signed off by DIMTS technical

committee before completion of final acceptance test.

7. The selected bidder shall document all the installation and commissioning

procedures and provide the same to DIMTS, within one week of the commissioning

of Data center along with final configuration dumps and implemented solution details.

8. The selected bidder shall be responsible for documenting configuration of all devices

and keeping back up of all configuration files, so as to enable quick recovery in case

of failure of devices.

2. Operation and Maintenance phase

2.1 Physical Infrastructure Management and Maintenance Services

The functioning of all the infrastructure components that will be installed in the Data and

Command Center shall be centrally managed on a 24x7x365 basis through BMS.

Industry leading infrastructure management solution should be deployed to facilitate

monitoring and management of the Data Center Infrastructure on one integrated

console. The physical infrastructure management and maintenance services shall

include:

a. Proactive and reactive maintenance, repair and replacement of defective components.

The cost for repair and replacement shall be borne by the selected bidder.

b. The selected bidder shall have to stock and provide adequate onsite and offsite spare

parts and spare component to ensure that the uptime commitment as per SLA is met. To

provide this service it is important for the selected bidder to have back to back

arrangement with the OEMs. The selected bidder needs to provide a copy of the service

level agreement signed with the respective OEMs.

c. Component that is reported to be down on a given date should be either fully repaired

or replaced by temporary substitute (of equivalent configuration) within the time frame

indicated in the Service Level Agreement (SLA). In case the selected bidder fails to meet

the above standards of maintenance, there will be a penalty as specified in the SLA.

d. The selected bidder shall also maintain records of all maintenance of the system and

shall maintain a logbook on-site that may be inspected by DIMTS authorities at any time.

3. DELETED

4. DELETED

5. DESIGN LIFE





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The design life of the Works shall be:

(a) for civil and interior works 30 years;

(b) for IT & Electrical Equipments 10 years;

6. DURABILITY AND MAINTENANCE (1) The Works shall be designed and constructed such that, if maintained reasonably and in

accordance with the Contractor's statement of maintainability contained in the Contract, they shall endure in a serviceable condition throughout their minimum lives.

(2) The Works shall be designed and constructed so as to minimise the cost of maintenance whilst not compromising the performance characteristics and ride quality of the railway.

7. OPERATIONAL REQUIREMENTS

Sl.

No. Specification Limits Conditions

1. Temperature 16 deg centigrade to 23

deg centigrade

Across all horizontal and vertical cross

sections the temperature has to be

maintained.

The temperature has to be maintained when

41 servers, 5TB storage, Two 24 port

Gigabit Switch, one CISCO firewall and one

CISCO router

2. Humidity 40% - 55% (as

recommended by

ASHRAE) at all points

(including those less

than 1 m from the AC

and those less than 1 m

from the servers)

Across all horizontal and vertical cross

sections the temperature has to be

maintained.

The humidity %ge has to be maintained

when 41 servers, 5TB storage, Two 24 port

Gigabit Switch, one CISCO firewall and one

CISCO router are operational

3. Water leakage

incidents

zero

4. Number of Fire

incidents

Zero

5. Fire control FM200

6. Fire incidents Zero

7. Uptime 24x7 99.9% uptime (including planned

maintenance downtimes) between 6 AM –

10 PM and 99.5% uptime between 10:00 PM

and 6:00 AM (including planned

maintenance downtimes). The uptime

metrics will be collected on a daily basis and





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Sl.


tallied on a monthly basis.

8. DELETED

9. DELETED

10. DELETED

11. DELETED

12. DELETED

13. DELETED

14. ENVIRONMENTAL CONSIDERATIONS All provisions and conditions contained in the conditions of contract on SHE shall be

strictly complied with.

15. DELETED

16. DELETED

17. DELETED

18. STANDARDS

(1) Equipment, materials and systems shall be designed, manufactured and tested in accordance with the latest issue of International and/or National codes and standards. The Contractor shall submit copies to the Engineer of all codes and standards used for the work.

(2) Reference to standards or to materials and equipment of a particular manufacturer shall be regarded as followed by the words ―or equivalent‖. The Contractor may propose alternative standard materials, or equipment that shall be equal to or better than those specified. If the Contractor for any reason proposes alternatives to or deviations from the specified standards, or desires to use materials or equipment not covered by the specified standards, the Contractor shall apply for the consent of the Engineer. The Contractor shall state the exact nature of the change, the reason for making the change and relevant specifications of the materials and equipment in the English language. The decision of the Engineer in the matter of quality will be final.





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EMPLOYER'S REQUIREMENTS - DESIGN

1. INTRODUCTION

(1) The Employer's Requirements - Design, specifies the procedural requirements for the

preparation of the design of the Works. These requirements are subdivided into those

that are to occur during the Design Phase, those that are to occur during the

Construction Phase, and those that are of general application.

(2) In addition to the express requirements herein, the Contractor shall, whenever the

Engineer so requests, provide information and participate in discussions that relate to

design matters.

(3) The Contractor shall engage the Designer who shall undertake and prepare the design

of the Works. The Contractor shall establish an office for his core design team at the Site

in Delhi. The core design team shall function from this office and all meetings and

discussions relating to design shall be held in this office.

(4) The Contractor shall ensure that the Designer continues to be represented in Delhi at all

times by staff whose seniority and experience are to the satisfaction of the Engineer and

whose representative is available on the Site as necessary or as required by the

Engineer.

(5) The Contractor shall submit his Quality Assurance Plan as required at Appendix 6 for the

design required by the Contract.

2. REQUIREMENTS DURING DESIGN PHASE

(1) The principal requirements of the Design Phase are the production of the Preliminary

Design, the Definitive Design and the Construction Reference Drawings.

(2) Preliminary Design

The Preliminary Design shall incorporate the Contractor's tender design developed to

sufficiently define the main structural elements. In addition general construction

methods and documentation needed to develop the Definitive Design shall be submitted.

(3) Definitive Design shall accord with and incorporate the Contractor's Technical Proposals and shall be the design developed to the stage at which all elements of the structures are fully defined and specified and in particular :





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(a) calculation and analysis are complete;

(b) all main and all other significant elements are delineated;

(c) all tests and trials and all selection of materials and equipment are complete;

(d) shall take full account of the effect on the Works of the proposed methods of construction and of the Temporary Works.

(4) During the preparation of the Definitive Design, the Contractor shall complete all surveys

investigations and testing necessary to complete the design of the Works.

(5) The Contractor shall sub-divide the proposed Definitive Design into Design Packages to

be submitted in advance of the Definitive Design Submission and to be identified in the

Design Submission Programme. The Design Packages are to relate to the significant

and clearly identifiable parts of the proposed Definitive Design and shall address the

design requirements as described herein. The Design Packages shall facilitate the

review and understanding of the Definitive Design as a whole and shall be produced and

submitted in an orderly, sequential and progressive manner.

(6) Separate Definitive Design Submissions may be prepared for those major elements to

be procured by sub-contract and which sub-contracts include design. Where such work

is to be procured by the Contractor on the basis of outline design, design briefs and

performance specifications, such documents may be submitted as Definitive Design

Submissions.

(7) Upon issue of the Notice in respect of the Definitive Design Submission, the Contractor

shall complete the design in all respects and produce the Construction Reference

Drawings, the purpose of which is to illustrate all the Works and to be the drawings

governing construction.

(8) Construction Reference Drawings shall fully detail for the construction of the elements

covered by the Definitive Design and shall show in full the works to be constructed.

3. REQUIREMENTS DURING CONSTRUCTION PHASE

(1) The principal requirements relating to design during the Construction Phase are the

production of Working Drawings, the preparation of technical submissions as required

under the Contract, the compilation of the Final Design and the production of the As-Built

Drawings.

(2) Working Drawings shall be prepared as required under the Contract. They shall be

endorsed by the Contractor as being in accordance with the Construction Reference

Drawings.

(3) The Contractor shall endorse the submissions required under the contract that ―all

effects of the design comprising the submission on the design of adjacent or other parts

of the works have been fully taken into account in the design of these parts‖

(4) At least 2weeks but not more than 4 weeks prior to the anticipated date of substantial

completion of the Works, the Contractor shall submit the Final Design to the Engineer. .





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(5) The Final Design is the design of the Works embodied in:

(a) the latest revisions of the documents comprised in the Definitive Design, taking account of comments in the schedules appended to Notices of No Objection

(b) the latest revisions of the Construction Reference Drawings;

(c) the calculations (see Clause 11 herein); and

(d) such other documents as may be submitted by the Contractor at the request of the Engineer to illustrate and describe the Works and for which a Notice has been issued.

(6) The Contractor shall maintain all records necessary for the preparation of the As-Built Drawings. Upon completion of the Works or at such time as agreed to or required by the Engineer, the Contractor shall prepare drawings which, subject to the Engineer's agreement, shall become the As-Built Drawings. All such drawings shall be endorsed by the Contractor as true records of the construction of the Works. The Contractor shall also show the locations of utilities exposed, and retained as directed.

4. DELETED

5 DESIGN SUBMISSIONS: -

5.1 PRELIMINARY DESIGN SUBMISSION

GENERAL

The preliminary design shall provide initial design documents for review and shall be sufficiently detailed to show the element of the design main and documents required for preparation of the definitive design. It shall also include:

a) the quality assurance plan for design

b) a review of the outline design criteria

c) the submission of design manuals

d) the submission of proposed software

e) the preliminary equipment layouts and details

f) the preliminary maintenance analysis

g) the preliminary off site testing recommendation

h) Deleted

i) the submission of specifications proposed for the work

j) the identification of design codes and standards

k) the CAD procedures

l) preliminary station sizing

m) Deleted

n) Deleted

o) the preliminary construction methodology

p) the design submission programme (update)





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q) Deleted

r) proposed site surveys and other field surveys

s) Deleted

t) the preliminary ground treatment and building protection proposal.

u) Deleted

5.2 Deleted

5.3 DEFINITIVE DESIGN SUBMISSION

(1) GENERAL

The Definitive Design Submission shall be a coherent and complete set of documents

properly consolidated and indexed and shall fully describe the proposed Definitive

Design. In particular, and where appropriate, it shall define:

(a) the dimensions of all major features, structural elements and members;

(b) all materials;

(c) Deleted

(d) Deleted

(e) Deleted

(f) Deleted

(g) standard details;

(h) Deleted

(i) electrical and mechanical services and equipment and their interaction with the

structures;

(j) Deleted

(k) Deleted

(l) Deleted

(m) Deleted

(n) Deleted

(o) Deleted

(p) Deleted

(q) Deleted

(2) DRAWINGS





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The Definitive Design Submission shall include drawings that shall illustrate the

proposed Definitive Design and in particular shall include, without limitation:

(i) general arrangements;

(ii) Deleted

(iii) layouts and details of all elements;

(iv) associated fittings;

(v) Deleted

(vi) Deleted

(vii) Deleted

(viii) Deleted

(ix) Deleted

(x) Deleted

(xi) Deleted

(xii) Deleted

(xiii) Deleted

(xiv) Deleted

(xv) Deleted

(xvi) Deleted

(3) DOCUMENTS

CONTRACT SPECIFICATION

The Specification included in the Contractor's Technical Proposals together with the

Outline Design & Construction Specification shall be amplified so as to specify

comprehensively the design and construction of the Works.

DESIGN MANUAL

The Design Manual shall incorporate all design requirements, standards, codes, material

properties and all other documents or matters which are relevant to and govern the

design. The Design Manual shall refer to all materials, codes and standards used,

making clear their specific applications. The Design Manual shall be produced so that it

can be used by those involved in the preparation or review of the design of the Works as

a comprehensive reference text and efficient working document.

TESTING AND COMMISSIONING REPORT

Details of proposals for testing and commissioning procedures for all relevant elements

and equipment contained in the Works.





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MAINTENANCE REPORT

A report updating the Statement of Maintainability in the Contractor's Technical

Proposals and detailing maintenance routines necessary for the achievement of the

required lives of the various elements of the Works.

(4) SUPPORTING DOCUMENTS

The Definitive Design Submission shall be accompanied by the following documents,

which will be considered by the Engineer in his review of the Definitive Design

Submission. Where relevant or required, these documents shall be accompanied by a

design note stating clearly how information has been used in the design of the Works.

CONSTRUCTION / INSTALLATION ANALYSIS REPORT

A report containing a stage-by-stage construction / installation sequence for all

structures / equipment.

CONSTRUCTION METHOD STATEMENT

A report which provides sufficient information on the methods of construction and

Contractor's Equipment to allow the Engineer to assess their effects on the Works and

to enable these to be taken into account in the review of the Definitive Design.

PROJECT SCHEDULE REVIEW

(i) The Contractor shall, prior to submitting the Definitive Design Submission, review the

Project Schedule against the current version of the Design Submission Programme.

(ii) In the event that the Contractor considers that there are any discrepancies or

inconsistencies between the Design Submission Programme and the Project Schedule,

the Contractor shall submit with the Definitive Design Submission its proposed revisions

to the Project Schedule such that the discrepancies or inconsistencies are removed.

(iii) The Contractor shall provide details of submissions of the proposed Working Drawings

and their anticipated timing during the Construction Phase and shall identify information

required from or actions to be undertaken by the Employer or others which are

necessary to permit the completion of the design of the Works and the Working

Drawings. Desired Dates for the receipt required by the Contractor of such information

or for the completion of such actions shall be included with appropriate justification.

(5) DELETED

6. DESIGN SUBMISSIONS - CONSTRUCTION REFERENCE DRAWINGS

SUBMISSIONS

(1) The Construction Reference Drawings shall be derived directly from the Definitive

Design and shall detail and illustrate in full the Works. The Construction Reference

Drawings shall form part of the Working Drawings to be used for construction purposes.

(2) Prior to any Construction Reference Drawings Submission, the Contractor shall

prepare a full list of Construction Reference Drawings in order to demonstrate, to the





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satisfaction of the Engineer, that such Construction Reference Drawings will be

sufficient in extent to cover the construction of the Works.

(3) Deleted

7. DESIGN SUBMISSIONS - CONSTRUCTION PHASE

(1) On the issue of a Notice in respect of the Construction Reference Drawings the

Contractor shall produce the proposed Working Drawings. These shall either be

identical to the Construction Reference Drawings or shall be further drawings developed

in accordance with the Construction Reference Drawings such as site sketches,

fabrication and shop drawings, construction erection sequences and the like. All such

drawings shall comply with the requirements of the Contract.

(2) Prior to submission of the proposed Working Drawings, the Contractor shall endorse the

appropriate original paper drawings as "Good for Construction". If the Engineer so

requires, the endorsed original shall be submitted to the Engineer who shall, if he has no

objection to the contents of the submission, further endorse the original by stating that

he has no objection to the proposed Working Drawings. On the endorsement by the

Engineer, the original will forthwith be returned to the Contractor as the Working

Drawings.

(3) Only the Working Drawings endorsed as in 7(2) above or those that the Engineer has

expressly stated as not requiring his endorsement shall be issued to the Site. The

Construction of the Works shall be strictly in accordance with these Working Drawings.

(4) The Contractor shall finalise details of the proposed method of construction and submit

such finalised details to the Engineer for review. The proposed method shall have no

adverse effects on the partially completed Works and shall ensure the Works are

statically and, if appropriate, aerodynamically stable.

(5) Deleted

(6) As-Built Drawings, endorsed by the Contractor shall be submitted to the Engineer for

agreement in accordance with Clause 5.6 of the GCC.

8. DESIGN SUBMISSIONS - REVIEW PROCEDURES

(1) Submissions of Design Data shall be made and reviewed by the Engineer. The form and

detail of the review shall be as determined by the Engineer and will not release or

remove the contractor‘s responsibility for the design under the contract.

(2) The issue of a Notice shall be without prejudice to the issue of any future Notices.

(3) The Contractor shall, prior to the submission of the Design Data, obtain all required

and/or statutory approvals that relate to that submission including, where appropriate,





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the approval of the Concerned Government Authorities and utility undertakings, and

demonstrate that all required approvals have been obtained.

(4) All submissions shall be accompanied by two original copies of a `Design Certificate' as set out in Attachment D1 hereto and signed by the Contractor and the Designer.

9. DESIGN SUBMISSION PROGRAMME

(1) The Contractor shall prepare the Design Submission Programme which is to set out fully

the Contractor's anticipated programme for the preparation, submission and review of

the Design Packages, the Definitive Design Submission and the Construction Reference

Drawings Submissions and for the issue of Notices in relation thereto.

(2) The Design Submission Programme shall:

(a) be consistent with and its principal features integrated into the Works Programme, and

show all relevant Key Dates;

(b) identify dates and subjects by which the Engineer‘s decisions should be made;

(c) make adequate allowance for periods of time for review by the Engineer and other

review bodies;

(d) make adequate allowance for the design and development of specialist works;

(e) include a schedule identifying, describing, cross-referencing and explaining the Design

Packages into which the Contractor intends to divide the Definitive Design and

Construction Reference Drawings; and

(g) Deleted

(3) The Contractor shall submit the Design Submission Programme to the Engineer within

Seven (7) days of the date of Notice to Proceed, and thereafter up-dated versions

thereof at intervals of not more than 7 days throughout the Design Phase.

10. PROGRAMME FOR SUBMISSIONS DURING THE CONSTRUCTION PHASE

In accordance with Clause 4 of the Employer's Requirements - General, the Contractor

shall identify submissions required during the Construction Phase.

11. CALCULATIONS

(1) Unless otherwise required by the Engineer, calculations relevant to the Definitive Design

and Construction Reference Drawings shall be submitted for review with the respective

Design Packages or Submissions. The Engineer may require the submission of

applicable software including in house software programmes/ worksheets developed by

the Contractor, computer input and programme logic for its review prior to the

acceptance of the computer output.

(2) The Contractor shall prepare and submit a comprehensive set of calculations for the

Definitive Design in a form acceptable to the Engineer. Should the design of the Works





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be revised thereafter and such revision renders the calculations as submitted obsolete or

inaccurate, the Contractor shall prepare and submit the revised calculations

(3) Similarly, the Contractor shall submit such further calculations as have been prepared in

connection with the Construction Reference Drawings.

(4) Calculations to be included as part of the submission herein shall comprise the up-to-

date calculations in respect of the Definitive Design, the Construction Reference

Drawings and such further calculations which the Contractor has prepared during the

production of Working Drawings.

(5) The Contractor shall submit all calculations necessary to support proposals relating to

the construction methods.

12. DOCUMENTS REQUIREMENTS

(1) Drawings shall be prepared generally to A2 size, but to ISO AO size where appropriate.

Appendix 7 defines the Drawings and CAD Standards required for drawing preparation

and submittal.

(2) The Contractor shall submit 6 copies of his design and/or drawings for review by the

Engineer. After receipt of ―No Objection‖ from the Engineer‘s Representative, the

Contractor shall submit 6 copies of design and/or drawing for the use of the Engineer.

(3) The submission of drawings may be by CAD Media files and Appendix 7 specifies the

drawing submission requirements for CAD Media files.





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ATTACHMENT D 1

DESIGN CERTIFICATE

This Design Certificate refers to Submission No. ..……… which comprises:

[*Design Package No. ..../the Definitive Design Submission/Construction Reference

Drawings Submission No. ..../Technical Submission No. ....] in respect of :

[description of the Works to which the submission refers]

The contents of this submission are scheduled in Section A below.

The documents scheduled in Section B below, for which a Notice of No Objection has been issued, are of relevance to this submission.

DESIGNER‘S STATEMENT

We certify that :

(a) the design of the Works, as illustrated and described in the documents scheduled in

Section A below, complies with the Employer's Requirements and ...... [see note 1

below];

OR (in the case of a Definitive Design Submission in respect of those elements

identified under Clause 2(6) of the Employer's Requirements - Design) :

(a) the outline designs, design briefs and performance specifications of those

elements of the Works as illustrated and described in the documents

scheduled in Section A below comply with the Employer's Requirements

and ...... [see note 1 below];

OR (in the case of a submission of documents that do not strictly comply with previous

documents for which a Notice of No Objection has been received) :

(a) the design of the Works, as illustrated and described in the documents

scheduled in Section A below, complies with the Employer's Requirements

and ...... [see note 1 below] except in the following respects:





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(i) ....... (to be completed by Contractor/Designer)

(ii) ...…. (etc.)

(b) an in-house check has been undertaken and completed to confirm the

completeness, adequacy and validity of the design of the Works as illustrated

and described in the documents scheduled in Section A below;

(c) all necessary and required approvals relating to the design of the Works, as illustrated

and described in the documents scheduled in Section A below, have been obtained and copies of such approvals are annexed in Section C below;

AND (in the case of a submission covering a part of the Works only) :

(d) all effects of the design comprising the submission on the design of adjacent or other parts of the Works have been fully taken into account in the design of those parts.

Signed by ‗Authorised Representative‘

(for Designer)

Name

Position/ Designation

Date

CONTRACTORS CERTIFICATION

This Certifies that all design has been performed utilising the skill and care to be expected of a

professionally qualified and competent designer, experienced in work of similar nature and

scope. This further certifies that all works relating to the preparation, review, checking and

certification of design has been verified by us.

Signed by ‗Authorised Representative‘

(for Contractor)

Name

Position/Designation

Date





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Note 1

The Contractor shall insert one of the following, as applicable :

(i) the Contractor's Technical Proposals

(ii) the Contractor's Technical Proposals and Design Packages Nos. ........ for

which a Notice of No Objection has been issued.

(iii) Design Packages Nos. ....….. for which a Notice of No Objection has

been issued if such Design Packages develop and amplify the

Contractor's Technical Proposals.

(iv) The Definitive Design

Section A Submission no. .... comprises the following :

Drawings : (Title, drawing number and revision)

Documents : (Title, reference number and revision)

Others :

Section B Documents for which a Notice of No Objection has been issued and which are of relevance to

this Submission No. .....

Document :

submitted with

[*Design Package No. ..……………/ ) The Contractor is required to

the Definitive Design Submission No…………/ ) provide this

information in

Construction Reference Drawings Submission No. ..../ ) respect of each

document in

Technical Submission No. ..…………/ ) Section B

Date of Issue of Notice of No Objection )

(* Delete as appropriate)





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3.1.1.1.1.1 Section C

[Contractor to attach copies of necessary and required approvals]





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EMPLOYER'S REQUIREMENTS - CONSTRUCTION

1. CONTRACTOR'S SUPERINTENDENCE

(1) The Contractor shall submit a Staff Organisation Plan in accordance with the GCC. This

plan shall be updated and resubmitted whenever there are changes to the staff. The plan

shall show the management structure and state clearly the duties, responsibilities and

authority of each staff member.

(2) The site agent and his associates/supervisors shall have experience and qualification

appropriate to the type and magnitude of the Works. Full details shall be submitted of the

qualifications and experience of all proposed staff to the Engineer for his approval.

2. DELETE

3. THE SITE

(1) Works Areas are those areas identified in the Drawings.

USE OF THE SITE

(2) The Site shall not be used by the Contractor for any purposes other than for carrying out

the Works.

(3) Delete

(4) Delete

(5) Entry to and exit from the Site shall be controlled and shall be only available at the

locations for which the Engineer has given his consent..

3.2 ACCESS TO THE SITE

(6) The Contractor shall make its own arrangements, subject to the consent of the Engineer,

for any further access required to the Site.

(7) In addition, the Contractor shall ensure that access to every portion of the Site is

continually available to the Employer and Engineer.

(8) Delete

3.3 ACCESS TO OUTSIDE THE SITE

(9) Delete

SURVEY OF THE SITE

(10) A survey shall be carried out of the Site to establish its precise boundaries and the

existing ground levels within it. This survey shall include a photographic survey sufficient

to provide a full record of the state of the Site before commencing the work with





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particular attention paid to those areas where reinstatement will be carried out later on.

The survey shall be carried out before the site clearance wherever possible and in any

case prior to the commencement of work in any Works Area. The survey shall be

carried out by the Contractor and agreed with the Engineer.

BARRICADES AND SIGNBOARDS

(11) Delete

(12) Delete

(13) Delete

(14) Delete

(15) Delete

(16) Delete

(17) Delete

CLEARANCE OF THE SITE (19) Delete.

4. DELETE

5. SAFETY, HEALTH AND ENVIRONMENTAL REQUIREMENTS

The Contractor shall comply with in the conditions stipulated in the Conditions of

contracts on safety, Health & Environment (SHE) ..

6. OTHER SAFETY MEASURES

Site Safety, Health & Environment Plan

(1) The Contractor shall, within 7 days of the date of Notice to Proceed, prepare and submit

to the Engineer for review his proposed safety, Health and Environment plan which shall

contain as a minimum those items set out in Conditions of Contract on Safety, Health &

Environment Plan.

Fire Regulations and Safety

(2) The Contractor shall provide and maintain all necessary temporary fire protection and

fire fighting facilities on the Site during the construction of the Works, and shall comply

with all requirements of the Delhi Fire Services Department. These facilities may

include, without limitation, sprinkler systems and fire hose reels in temporary site

buildings, raw water storage tanks and portable fire extinguishers suitable for the

conditions on the Site and potential hazards.





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(3) The Contractor shall submit details of these facilities to the Engineer for review prior to

commencement of work on the Site.

(4) If, in the Engineer's opinion, the use of naked lights may cause a fire hazard, the

Contractor shall take such additional precautions and provide such additional fire fighting

equipment (including breathing apparatus) as the Engineer considers necessary. The

term "naked light" shall be deemed to include electric arcs and oxyacetylene or other

flames used in welding or cutting metals.

(5) Oxyacetylene burning equipment will not be permitted in any confined space. Burning

equipment of the oxypropane type shall be used.

Hazard and Risk Assessments

(6) The Contractor shall, prior to the commencement of any operation carry out a detailed

hazard and risk assessment. The results of such assessments shall be recorded and the

records kept for inspection by the Engineer.

(7) The Contractor shall produce detailed method statements for all medium and high risk

operations and shall submit them to the Engineer for his consent prior to commencement

of any task to which they relate.

(8) The Contractor shall produce and implement a Permit to Work system for all high risk

operations. The Permit to Work system shall be submitted to the Engineer for consent

before application.

7. DELETE

8. DELETE

9. DELETE

10. DELETE

11. SECURITY

(1) The Contractor shall be responsible for the security of the Site for the full time the Site is in its possession. It shall set up and operate a system whereby only those persons entitled to be on the Site can enter the Site. To this end, the Contractor shall security personnel and patrols elsewhere as may be necessary to maintain security.

(2) Delete

(3) During the progress of the Works the Contractor shall maintain such additional security patrols over the areas of the Works as may be necessary to protect its own and its sub-contractor's work and equipment and shall co-ordinate and plan the security of both the work under this Contract and the work of others having access to and across the Site and the Works.





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12. TESTING

GENERAL

(1) The Contractor shall provide and perform all forms of testing procedures applicable to the Works and various components and the interfacing of the Works with the other Contract works and shall conduct all necessary factory, site and acceptance tests.

(2) Deleted

(3) All testing procedures shall be submitted at least seven (7) days prior to conducting any Test. The Testing procedures shall show unambiguously the extent of testing covered by each submission, the method of testing, the Acceptance Criteria, the relevant drawing (or modification) status and the location.

(4) The testing Procedures shall be submitted, as required, by the Contractor during the duration of the contract to reflect changes in system design or the identification of additional testing requirements.

(5) The Engineer shall have the facilities for monitoring all tests and have access to all testing records. Ample time shall be allowed within the testing programmes for necessary alterations to equipment, systems and designs to be undertaken, together with re-testing prior to final commissioning.

(6) The Contractor is reminded that at some point, the High Voltage Power Supply system will be energised and the additional precautions for the safety of staff and co-ordination of activities after power-on shall be anticipated in its testing and commissioning programmes.

(7) All costs associated with the Testing shall be borne by the Contractor, unless otherwise specified, including the services of any specialised personnel or independent assessors. The Contractor shall also bear any expenses incurred due to resetting caused by defects or failure of equipment to meet the requirements of the Contract in the first instance.

(8) Unless agreed in writing by the Engineer, the personnel engaged on testing shall be independent of those directly engaged in the design or installation of the same equipment.

(9) All testing equipment shall carry an appropriate and valid calibration labels.

BATCHES, SAMPLES AND SPECIMENS

(10) A batch of material is a specified quantity of the material that satisfies the specified conditions. If one of the specified conditions is that the material is delivered to the Site at the same time, then material delivered to the Site over a period of a few days may be considered as part of the same batch if in the opinion of the Engineer there is sufficient proof that the other specified conditions applying to the batch apply to all of the material delivered over the period.





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(11) A sample is a specified quantity of material that is taken from a batch for testing and which consists of a specified amount, or a specified number of pieces or units, of the material.

(12) A specimen is the portion of a sample that is to be tested.

SAMPLES FOR TESTING

(13) Samples shall be of sufficient size and in accordance with relevant Standards to carry out all specified tests.

(14) Samples taken on the Site shall be selected by, and taken in the presence of, the Engineer and shall be suitably marked for their identification. An identification marking system should be evolved at the start of works in consultation with the Engineer.

(15) Samples shall be protected, handled and stored in such a manner that they are not damaged or contaminated and such that the properties of the sample do not change.

(16) Samples shall be delivered by the Contractor, under the supervision of the Engineer, to the specified place of testing. Samples on which non-destructive tests have been carried out shall be collected from the place of testing after testing and delivered to the Site or other locations instructed by the Engineer.

(17) Samples which have been tested may be incorporated in the Works provided that:

(a) the sample complies with the specified requirements;

(b) the sample is not damaged; and

(c) the sample is not required to be retained under any other provision of the Contract.

(18) Additional samples shall be provided for testing if in the opinion of the Engineer :

(a) material previously tested no longer complies with the specified requirements; or

(b) material has been handled or stored in such a manner that it may not comply with the specified requirements.

TESTING

(19) The Contractor shall be responsible for all on-site and off-site testing and for all in-situ testing. All appropriate laboratory tests shall be carried out in the Contractor's laboratory , unless otherwise permitted or required by the Engineer. Where the laboratory is not appropriately equipped and/or staffed for some tests, or if agreed to by the Engineer, tests may be carried out in other laboratories provided that:

(a) they are accredited for the relevant work to a standard acceptable to the

Engineer ; and

(b) particulars of the proposed laboratory are submitted to the Engineer for his

consent.

(20) In-situ tests shall be done in the presence of the Engineer.





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(21) Equipment, apparatus and materials for in-situ tests and laboratory compliance tests

carried out by the Contractor shall be provided by the Contractor. The equipment and

apparatus shall be maintained by the Contractor and shall be calibrated before the

testing starts and at regular intervals as permitted by the Engineer. The equipment,

apparatus and materials for in-the situ tests shall be removed by the Contractor as soon

as practicable after the testing is complete.

(22) The Contractor shall be entitled in all cases to attend the testing carried out in the

Employer's or other laboratories, to inspect the calibration certificates of the testing

machines and to undertake the testing on counterpart samples. Testing of such

samples shall be undertaken in laboratories and particulars of the laboratory proposed

shall be submitted to the Engineer for consent prior to the testing.

(23) Attendance on tests, including that by the Engineer, Contractor and Designer, shall be

as laid down in the Quality Assurance procedures.

COMPLIANCE OF BATCH

(24) The results of tests on samples or specimens shall be considered to represent the

whole batch from which the sample was taken.

(25) A batch shall be considered as complying with the specified requirements for a material

if the results of specific tests for of the specified properties comply with the specified

requirements for the properties.

(26) If additional tests are permitted or required by the Engineer but separate compliance

criteria for the additional tests are not stated in the Contract, the Engineer shall

determine if the batch complies with the specified requirements for the material on the

basis of the results of all tests, including the additional tests, for every properties.

RECORDS OF TESTS

(27) Records of in-situ tests and laboratory compliance tests carried out by the Contractor

shall be kept by the Contractor on the Site and a report shall be submitted to the

Engineer within seven (7) days, or such other time stated in the Contract or in the

Quality Assurance Programme, after completion of each test. In addition to any other

requirements, the report shall contain the following details :

(a) material or part of the Works tested;

(b) location of the batch from which the samples were taken or location of the part of the

Works;

(c) place of testing;

(d) date and time of tests;

(e) weather conditions in the case of in-situ tests;

(f) technical personnel supervising or carrying out the tests;

(g) size and description of samples and specimens;

(h) method of sampling;

(i) properties tested;





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(j) method of testing;

(k) readings and measurements taken during the tests;

(l) test results, including any calculations and graphs;

(m) specified acceptance criteria; and

(n) other details stated in the Contract.

(28) Reports of tests shall be signed by the site agent or his assistant, or by another

representative authorised by the Contractor.

(29) If requested, records of tests carried out by the Employer's staff or by the Engineer shall

be given to the Contractor.

13. RECORDS

DRAWINGS PRODUCED BY THE CONTRACTOR

(1) Drawings produced by the Contractor including drawings of site layouts, Temporary

Works, etc. for submission to the Engineer shall generally be to ISO A2 size. They shall

display a title block with the information as detailed in Appendix 7 to these Employer's

Requirements. The number of copies to be submitted to the Engineer shall be as stated

in the Contract, or as required by Engineer.

PROGRESS PHOTOGRAPHS

(2) The Contractor shall provide monthly progress photographs which have been properly

recorded to show the progress of the works to the Engineer. . The photographs, of not

less than 20 in number, shall be taken on locations agreed with the Engineer to record

the exact progress of the Works. Two sets of photographs shall be provided on CD

ROM format with two sets of colour prints of 175 mm x 125 mm size.

(3) The Contractor shall mount each set of each month's progress photographs in a

separate album of a type to which the Engineer has given his consent, and shall provide

for each photograph two typed self-adhesive labels, one of which shall be mounted

immediately below the photograph and one on the back of the photograph. Each label

shall record the location, a brief description of the progress recorded and the date on

which the photograph was taken.

(4) All photographs shall be taken by a skilled photographer whose name and experience

shall be submitted to the Engineer for consent and approval received. Processing shall

be carried out by a competent processing firm to the satisfaction of the Engineer.

(5) The Contractor shall ensure that no photography is permitted on the Site without the

agreement of the Engineer. Contractor should be aware of the local regulations and

conditions with regard to Photography in some ―RESTRICTED AREA‘ in Delhi.





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RECORDS OF WAGE RATES

(6) The Contractor shall keep monthly records of the average, high and low wage rates for

each trade/tradesman employed on the Site and records shall be made available to the

Engineer during inspection.

14. MATERIALS

(1) Materials and goods for inclusion in the Works shall be new unless the Engineer has

consented otherwise. Preference shall be given to local materials where available.

Approved Manufacturers/Suppliers of few important itmes have been given in Appendix

10 of this document. These materials shall be procured only for these

manufacturers/Suppliers.

(2) Certificates of tests by manufacturers which are to be submitted to the Engineer shall

be current and shall relate to the batch of material delivered to the Site. Certified true

copies of certificates may be submitted if the original certificates could not be obtained

from the manufacturer.

(3) Parts of materials which are to be assembled on the Site shall be marked to identify the

different parts.

(4) Materials which are specified by means of trade or proprietary names may be

substituted by materials from a different manufacturer which has received the consent

of the Engineer provided that the materials are of the same or better quality and comply

with the specified requirements.

(5) Samples of materials submitted to the Engineer for information or consent shall be kept

on the Site and shall not be returned to the Contractor or used in the Works unless

permitted by the Engineer. The samples shall be used as a mean of comparison which

the Engineer shall use to determine the quality of the materials subsequently delivered.

Materials delivered to the Site for use in the Works shall be of the same or better quality

as the samples which have received consent.

15. DELETED

16. RESTORATION OF AREAS DISTURBED BY CONSTRUCTION.

Unless otherwise directed by the Engineer, any areas disturbed by the construction

activity, either inside or outside the Project Right of Way, shall be reinstated to their

original condition.

17. Deleted

18. DELETED





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ATTACHMENT A

CONTRACTOR’S LABOUR CAMP

1. EMPLOYER NOT TO PROVIDE QUARTERS FOR CONTRACTOR’S LABOUR

The Employer will not provide living accommodation for the use of the Contractor or any

of his staff or labour employed on the Works. Living accommodation shall not be

established on any land provided to the contractor by the Employer.

2. PROVISION OF LABOUR CAMP

The Contractor, shall, at his own expense, make adequate arrangements for the

housing, supply of drinking water and provision of bathrooms, latrines and urinals, with

adequate water supply, for his staff and workmen directly or through sub-contractors

employed on the Works at the location authorised by Engineer. No labour camp shall

be allowed at work site.

The Contractor at his own cost shall maintain all campsites in a clean and sanitary

condition. The Contractor shall obey all health and sanitary rules and regulations, and

carry out at his cost all health and sanitary measures that may from time to time be

prescribed by the Local/Medical Authorities and permit inspection of all health and

sanitary arrangements at all times by the Employer, Engineer and the staff of the local

municipality or other authorities concerned. Should the Contractor fail to provide

adequate health and sanitary arrangements these shall be provided by the Employer

and the cost recovered from the Contractor.

The Contractor shall at his own cost, provide First Aid and Medical facilities at the

Labour Camp and at work sites on the advice of the Medical Authority in relation to the

strength of the Contractor‘s staff and workmen, employed directly or through sub-

contractors.

The Contractor shall at his own cost, provide the following minimum requirements for

fire precautions:

Portable Fire Extinguishers.

Manual Fire Alarms.

Water Supply for use by the Fire Service.

The Contractor at his own cost shall provide necessary arrangements for keeping the

camp area sufficiently lighted to avoid accidents to the workers. He should also ensure

that electrical installations are done by Trained Electricians. These installations shall be

maintained and daily maintenance records must be made available for inspection of the

Engineer.

3. CAMP DISCIPLINE

The Contractor shall take requisite precautions, and use his best endeavours to prevent

any riotous or unlawful behaviour by or amongst his workmen, and others, employed

directly or through sub-contractors. These precautions shall be for the preservation of

the peace and protection of the inhabitants and security property in the neighbourhood





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of the Works. In the event of the Employer requiring the maintenance of a Special

Police Force at or in the vicinity of the site, during the tenure of the work, the expenses

thereof shall be borne by the Contractor and if paid by the Employer, shall be

recoverable from the Contractor.

The sale of alcoholic drinks or other intoxicating drugs or beverages upon the work, in

any labour camp, or in any of the buildings, encampments or tenements owned or

occupied by, or within the control of, the Contractor or any of his employees directly or

through sub-contractors employed on the work, shall be forbidden, and the Contractor

shall exercise his influence and authority to secure strict compliance with this condition.

The Contractor shall also ensure that no labour or employees are permitted to work at

the site in an intoxicated state or under the influence of drugs.

The Contractor shall remove from his camp such labour and their families, as refuse

protective inoculation and vaccination when called upon to do so by the Engineer on the

advice of the Medical Authority. Should Cholera, Plague or any other infectious disease

break out, the Contractor shall at his own cost burn the huts, bedding, clothes and other

belongings of or used by the infected parties. The Contractor shall promptly erect new

huts on healthy sites as required by the Employer, within the time specified by the

Employer, failing which the work may be done by the Employer and the cost recovered

from the Contractor.

3. LABOUR ACCOMMODATION

The Contractor shall provide living accommodation that is equal to or exceeds the

minimum criteria established in the following sub-sections, needed to house his staff,

workers employed directly or through sub-contractors. The buildings shall be

constructed so as to have a minimum life of not less than the length of the Contract.

(a) The roofs shall be watertight and laid with suitable non-flammable materials

permissible for residential use under local regulations and for which the consent

of the Engineer has been obtained.

(b) Each hut shall have suitable ventilation. All doors, windows, and ventilators shall

be provided with security leaves and fasteners. Back to back units may be

avoided.

(c) The minimum height of each unit shall be 2.10m and shall have separate cooking

place.

(d) Suitable no. of common toilet/bath shall be provided.

4. WATER SUPPLY

The Contractor shall provide an adequate supply of water for the use of labourers in the

Camp. The provision shall not be less than two gallons of pure and wholesome water

per head per day for drinking purposes and three gallons of clean water per head per

day for bathing and washing purposes. Where piped water supply is available, supply

shall be at stand posts and where the supply is from wells or river, tanks which be of

metal or masonry shall be provided. The Contractor shall also at his expense make

arrangements for the provision and laying of water pipe lines from the existing mains

wherever available and shall pay for all the fees and charges therefor.





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5. DRAINAGE

The Contractor shall provide efficient arrangements for draining away sullage water so

as to keep the camp neat and tidy. Surface water shall be drained away from paths

and roads and shall not be allowed to accumulate into ditches or ponds where

mosquitoes can breed.

6. SANITATION

The Contractor shall make arrangements for conservancy and sanitation in the labour

camps according to the rules and regulations of the Local Public Health and Medical

Authorities.

The Contractor shall provide a sewage system that is adequate for the number of

residents in the camp, and which meets the requirements of the Municipality

Authorities.





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EMPLOYER'S REQUIREMENTS

APPENDIX 1

DRAWING LIST

The Tender Documents contains a set of reference/Tender drawings that are applicable to the Works. The Tenderer shall incorporate into the Tender only those drawings from that set which amplify aspects of the Contractor's Technical Proposals. General information drawings will not be included in the Contract.

List of Drawings

DRAWING TITLE DRAWING NO.

Demolish and demarcation plan 101

Proposed layout plan 102

Proposed furniture schedule and layout 103

Proposed ceiling plan and schedule of lighting and other fixtures 104

Proposed Flooring Plan and schedule of finishes 105

Proposed Electrical fixtures and point 106

Proposed internal elevations 107

Proposed toilet details 108





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APPENDIX 2A

DELETED





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APPENDIX 2B

CONTRACT KEY DATES AND COMPLETION DATE

Key Date Description of stage Days from

commencement

Stage 1 Dismantling/demolition, submission of concept plan & drawings, mobilisation

15

Stage 2 Completion of RCC, brickwork, masonary works, false/raised flooring, false ceiling framing

30

Stage 3 Completion of flooring, false ceiling, wall cladding, partitioning, glazing, PoP works

45

Stage 4 Installation of fittings/fixtures for electrical and other services 60

Stage 5 Painting & finishing works including sanitary fixtures 75

Stage 6 Supply of furniture & Testing and Commissioning of Entire works

90

Stage 7 Handing Over 3 Months





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APPENDIX 2C - Deleted

APPENDIX 2D

DELETED





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APPENDIX 3

PROJECT CALENDAR

(1) The Project Weeks shall be commenced on a Monday. A day shall be deemed to

commence at 0001 hour on the morning of the day in question. Where reference is

made to the completion of an activity or Milestone by a particular week, this shall mean

by midnight on the Sunday of that week.

(2) Requirements for the computation of Key Dates are given in Appendix 2B to the

Employer's Requirements.

(3) A 7 day week calendar shall be adopted for various (Work) programme schedules for scheduling purposes.

(4) For Project purposes, the presentation shall be in ‗Week‖‘ units.





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APPENDIX 4

DELETED





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APPENDIX 5

MONTHLY PROGRESS REPORTS

1. GENERAL

(1) The Contractor shall submit to the Engineer, a Monthly Progress Report. This Report

shall be submitted by the end of each calendar month and shall account for all work actually

performed from 26th day of the last month and up to and including the twenty-fifth (25th) day of

the month of the submission. It shall be submitted in a format to which the Engineer shall have

given his consent and shall contain sections/sub-sections.

2. FINANCIAL STATUS

(1) A narrative review of all significant financial matters, and actions proposed or taken in

respect to any outstanding matters.

(2) A spread sheet summarising each activity, the budget, costs incurred during the period,

costs to date, costs to go, cost forecast (total of costs to date and costs to go) and cost

variance (difference between cost forecast and budget).

(3) A spread sheet indicating the status of all payments due and made.

(4) A report on of the status of any outstanding claims. The report shall in particular provide

interim updated accounts of continuing claims.

3. PHYSICAL PROGRESS

(1) It shall describe the status of work performed, significant accomplishments, including critical items

and problem areas, corrective actions taken or planned and other pertinent activities, and shall, in

particular, address interface issues, problems and resolutions.

(2) It shall include a simplified representation of progress measured in percentage terms compared

with percentage planned as derived from the Works Programme.

4. MILESTONES STATUS

A report on the status of all Milestones due to have been achieved during the month and

forecasts of achievement of any missed Milestones, and those due in the next month.

5. PLANNING AND CO-ORDINATION

(1) A summary of all planning/co-ordination activities during the month and details of outstanding

actions.





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(2) A schedule of all submissions and consents/approvals obtained/outstanding.

6. PROCUREMENT REPORT

(1) A summary of all significant procurement activities during the month, including action taken to

overcome problems.

(2) A report listing major items of plant and materials which will be incorporated into the Works. The

items shall be segregated by type as listed in the Specifications and the report should show as a

minimum the following activities:

(a) purchase Order Date - Scheduled/Actual,

(b) manufacturer/Supplier and Origin,

(c) letter of Credit Issued date,

(d) manufacturer/Supplier Ship Date - Scheduled/Actual,

(e) method of Shipment,

(f) arrival Date in India- Scheduled/Actual.

7. PRODUCTION AND TESTING

Deleted

8. SAFETY

(1) A review of all safety aspects during the month including reports on all accidents and actions

proposed to prevent further occurrence.

9. ENVIRONMENTAL

(1) A review of all the environmental issues during the past month to include all monitoring reports,

mitigation measures undertaken, and activities to control environmental impacts.





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APPENDIX 6

QUALITY ASSURANCE

1. General

The Contractor shall implement a Project Quality Management Plan in accordance with ISO-9001

"Quality System - Model for Quality Assurance in Design/Development, Production, Installation

and Servicing" to ensure that all materials, workmanship, plant and equipment supplied and work

done under the contract meets the requirements of the contract. This plan shall apply to all

activities related to the quality of items, including designing, purchasing, inspecting, handling,

assembling, testing, storing, and shipping of materials and equipment and different elements of

construction work and installations of system components.

The Quality Plan to be prepared by the Contractor and submitted to the Engineer shall follow the

requirements of ISO 9000 and address each element therein.

Registration of the Contractor's organisation, or subcontractors or subconsultants is not required

for this Project but the Project Quality Management Plan as submitted shall meet the intent of the

ISO 9000 requirement in that there is a comprehensive and documented approach to achieving

the project quality requirements.

2. Quality Assurance Management Plan

The Project Quality Management Plan (PQMP) shall as a minimum address the quality system

elements as required by ISO 9001, generally noting the applicability to the Contractor's Works

Programme for the Project. Procedures or Quality Plans to be prepared by others (Suppliers,

SUBcontractors, SUBconsultants) and their incorporation in the overall PQMP shall be identified.

The Contractor shall provide and maintain a Quality Assurance Plan (QA) to regulate methods,

procedures, and processes to ensure compliance with the Contract requirements. The QA Plan,

including QA written procedures, shall be submitted to the Engineer for his review.

Adequate records shall be maintained in a readily retrievable manner to provide documented

evidence of quality monitoring and accountability. These records shall be available to Employer

at all times during the term of the Contract and during the Defects Liability Period and for a five

year period thereafter.

The Plan shall identify:

Design Process: that control, check and verify the accuracy, completeness and integration of the

design shall be performed by certified personnel and in accordance with documented procedure

that have the written consent of the Engineer.

Special Processes: that control or verify quality shall be performed by certified personnel and in

accordance with documented procedures that have the written consent of the Engineer;





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Inspection and Test: Inspection and testing instructions shall provide for reporting

nonconformances or questionable conditions to the Engineer; Inspection shall occur at

appropriate points in the installation sequence to ensure compliance with drawings, test

specifications, process specifications, and quality standards. The Engineer shall designate, if

necessary, inspection hold points into installation or inspection planning procedures;

Receiving Inspection: These procedures shall be used to preclude the use of nonconforming

materials and to ensure that only correct and accepted items are used and installed;

Identification and Inspection Status: a system for identifying the progressive inspection status of

equipment, materials, components, subassemblies, and assemblies as to their acceptance,

rejection, or non-inspection shall be maintained;

Identification and Control of Items: an item identification and traceability control shall be

provided;

Handling, Storage, and Delivery: provide for adequate work, surveillance and inspection

instructions.

The Plan shall ensure that conditions adverse to quality such as failures, malfunctions,

deficiencies, deviations, and defects in materials and equipment shall be promptly identified and

corrected.

The Plan shall provide for establishing, and maintaining an effective and positive system for

controlling non-conforming material including procedures for the identification, segregation, and

disposal of all non-conforming material. Dispositions for the use or repair of non-conforming

materials shall require the Engineers consent.

3. Plan Implementation and Verification

The Plan shall clearly define the QA Organisation. Management responsibility for the QA shall be

set forth on the Contractor's policy and organisation chart. The Plan shall define the requirements

for QA personnel, their skills and training. Records of personnel certifications shall be maintained

and monitored by the QA personnel. These records shall be made available to the Engineer for

review, upon request.

The QA operations shall be subject to the Engineers, Employer or Employer's authorised

representative's verification at any time, including: surveillance of the operations to determine that

practices, methods and procedures of the plan are being properly applied; inspection to measure

quality of items to be offered for acceptance; and audits to ensure compliance with the Contract

documents.

The contractor's Quality Audit Schedule shall be submitted to the Engineer for consent every

three months or more frequently as required.

The results of Quality Audits shall be summarised in the Contractor's monthly reports.

The Contractor shall provide all necessary access, assistance and facilities to enable the

Engineer to carry out on-site and off-site surveillance of Quality Assurance Audits to verify that

the quality system which has the consent of the Engineer is being implemented fully and properly.





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APPENDIX 7

DELETE





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APPENDIX 8

DELETE





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APPENDIX 9

DELETE





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Appendix - 10

Approved Manufacturers/Supplier

All materials and products shall conform to the relevant standard specification, IS codes and other

relevant codes etc. and shall be of approved makes and design.

The list of approved makes for products and materials is given below. Other equivalent manufacturers will

only be considered with prior approval of the Employer in case of non-availability or unforeseen

difficulties.

List of Approved Manufacturers/ Suppliers

S. No.

Item Make

5.1 False Ceiling Armstrong, India Gypsum

5.2 False Flooring Hyundai or equivalent

5.3 Resilient Linoleum Floor Tiles Armstrong, LG

5.4 Vitrified Floor Tiles Kajaria, Somany, LG

5.5 Carpeting Flor or equivalent

5.6 Ceramic Tiles Kajaria, Somany, Nitco

5.7 Paints ICI Dulux, Kansai Nerolac, Lewis Berger, Asian

5.8 Float glass door/vision panel Saint Gobain, Modi Guard, AIS

5.9 Sliding glass doors Dorma, Godrej

5.10 Cement UltraTech, Binani, ACC, JK

5.11 White cement UltraTech, JK

5.12 Structural steel SAIL, TISCO, Vizag

5.13 Sanitaryware Hindware, Cera

5.14 CP fittings Jaquar, Crabtree

5.15 G I pipe Jindal, Tata, Surya

5.16 Water closets & Modesty panels Merino, Greenlam

5.17 Mirrors Saint Gobain, Modi Guard, AIS

5.18 Laminate CPL, Merino, Century, Greenlam

5.19 Commercial ply Anchor, Kitply, Greenply, Duro

5.20 Teak veneer Anchor, Durian, Greenply, Duro

5.21 Adhesive for woodwork Dunlop, Pidlite (Fevicol/Vamicol)

5.22 Door Hardware Doorset, Godrej, Everite, Dorma

5.23 Venetian Blinds Aerolux, Mac, Vista or equivalent

5.24 Chairs Godrej, Featherlite or equivalent

5.25 Castors Godrej, Johnson or equivalent

5.26 Tables Godrej, Featherlite or equivalent

5.27 Sofa set Godrej, Featherlite or equivalent





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S. No.

Item Make

5.28 Cabinets Godrej or equivalent

5.29 Flush door shutter Merino, Greenply

5.30 uPVC windows Window Magic, Plasowin, Europlast

5.31 Steel Fire Door Promat, Shakti Met or equivalent

5.32 Non Metallic Fire Door Promat, Navir or equivalent

5.33 Welding rod Advani or equivalent

5.35 Water proofing compound Sika, Fosroc, CICO, BASF, Pidilite

5.36 Structural Sealant Wacker, Dow Corning, GE or equivalent

5.37 Stainless Steel Tata, Jindal or equivalent

5.38 Stainless Steel sink Prestige, Kingston or equivalent

5.39 Soil & Waste pipes Neco or equivalent

5.40 uPVC pipes Finolex Supreme or equivalent

5.41 PVC pipes Prakash Gold or equivalent

5.42 Dusted film on Glazing 3M or equivalent





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APPENDIX 11

DELETED





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APPENDIX 12

DELETE





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APPENDIX 13

DELETE





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APPENDIX 14

CONTRACTOR'S SITE LABORATORY

DELETED

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4. GENERAL CONDITIONS OF

CONTRACT

(GCC)




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Volume 1 – General Conditions of Contract 4-1

GENERAL CONDITIONS OF CONTRACT

1 DEFINITIONS AND INTERPRETATION

Definitions 1.1 In the contract (as defined below) the words and expressions defined below

shall have the meanings assigned to them, except where the context requires

otherwise. Words indicating persons or parties include corporations and other

legal entities except where the context requires otherwise.

1.1.1 Documents

1.1.1.1 “Appendix to Form of Tender” means the completed pages in title Appendix, which are appended to and form part of the Tender.

1.1.1.2 “Construction and/or Manufacture Documents” means all drawings, calculations, computer software (programs), samples, patterns, models, operation and maintenance manuals, and other manuals and information of a similar nature, to be submitted by the Contractor.

1.1.1.3 “Contract” means the Contract Agreement, the Letter of Acceptance, the letter of tender, General Conditions of Contract, Special Conditions of Contract, the Employer‘s Requirements, the Tender, the Notice Inviting Tender, Instructions To Tenderers, the Contractor‘s Proposal, the Schedules, and such further documents which are listed in the Letter of Acceptance or Contract Agreement (if completed).

1.1.1.4 “Contract Agreement” means the contract agreement referred to in Sub-Clause 1.4. It shall also include all subsequent modifications/ amendments to the Contract as a result of the communications or negotiation proceedings between the parties.

1.1.1.5 “Contractor’s Proposal” means the proposal submitted by the Contractor with the Tender, as modified and accepted by the Employer and included in the Contract. Such documents may include the Contractor‘s preliminary design.

1.1.1.6 “Design Data” means all specifications, plans, drawings, details, graphs, sketches, models, levels, setting-out dimensions, calculations duly checked by the Contractor and other documents relating to the design of the Works prepared or to be prepared by or on behalf of the Contractor.

1.1.1.7 “Drawings” means the Employer‘s Drawings and the Drawings submitted by the Contractor and any modification of such drawings as any, from time to time, be furnished or for which the Engineer has issued a Notice of No Objection.

1.1.1.8 “Employer’s Requirements” means the description of the scope, standard, design criteria, specifications, drawings, programme of work, indigenisation programme (where applicable) as included in the Contract, and any alterations and modifications thereto in accordance with the Contract.




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1.1.1.9 “Interim Payment Schedule” means the schedule included for each Cost Centre in the Pricing Document and accepted by the Employer to be used for interim payments in relation to achievement of milestones under that Cost Centre, as the same may be revised from time to time in accordance with Clause 11.

1.1.1.10 “Letter of Acceptance” means the formal acceptance to work by the Employer of the Tender.

1.1.1.11 “Notice to Proceed” means the notice issued by the Employer to the Contractor communicating the date on which the Works are to be commenced.

1.1.1.12 "Letter of Tender” means the document entitled letter of tender, which was completed by the Contractor and includes the signed offer to the Employer for the Works.

1.1.1.13 “Schedules” means the information and data submitted with the Tender, as included in the Contract.

1.1.1.14 “Tender” means the Contractor‘s priced offer to the Employer for the designing, execution, manufacture, and completion of the whole of Works, testing and commissioning (including Integrated Testing and Commissioning) and remedying of any defects therein, as accepted by the Letter of Acceptance.

1.1.1.15 “Schedule of Milestones” means the schedule included in each Cost Centre in the Pricing Document, describing the Milestones and stipulating dates by which the Milestones are to be achieved under that Cost Centre in order to maintain interim payments by the Employer to the Contractor in accordance with the Interim Payment Schedule for that Cost Centre, as the same may be revised from time to time in accordance with the Contract.

1.1.1.16 “Special Conditions of Contract” means any special conditions of contract issued by the Employer prior to submission of the Tender or negotiated and agreed in writing by the Employer and the Contractor prior to and conditional upon acceptance of the Tender.

1.1.1.17 “Works Programme” means the programme showing the sequence, method and timing of investigations, design, issue of No Objection Notices, execution, manufacture, delivery to site, erection, installation, testing, commissioning of the Works (including Integrated Testing and Commissioning), indigenisation (where applicable) and related activities in the form and content prescribed by the Employer‘s Requirements, or any amended or varied version thereof, as submitted by the Contractor and for which the Engineer has issued a Notice of No Objection.

1.1.2 Persons

1.1.2.1 ―Party” means the Employer or the Contractor as the context requires

1.1.2.2 “Contractor” means the person whose Tender has been accepted by the Employer and the legal successors in title to such person, but not (except with the consent of the Employer) any assignee of such person.




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1.1.2.3 "Designated Contractors" means any of the following whose activities or the works they are engaged to carry out, affect or are affected by the Works, in any way or at any time:

(a) contractors, design consultants and utility authorities engaged

on the Project from time to time by the Employer;

(b) sub-contractors of any tier of the contractors above; provided that the definition shall exclude the Contractor and his sub-contractors of any tier in relation to the Works.

1.1.2.4 “Designer” means the Contractor, or part of the group forming the contractor, person, firm or company or group of companies, or any replacement, carrying out the Design of Works or part thereof.

1.1.2.5 “Employer” means Delhi Integrated Multi Modal Transit System Limited(DIMTS), its legal successors and assignees.

1.1.2.6 “Engineer/Engineer-in-Charge” means any person nominated or appointed from time to time by the Employer to act as the Engineer for the purposes of the Contract and notified as such in writing to the Contractor.

1.1.2.7 “Sub-contractor” means any person named in the Contract as a sub-contractor, manufacturer or supplier for a part of the Works or any person to whom a part of the Works has been sub-contracted with the consent of the Employer and the legal successors in title to such person, but not any assignee of such person.

1.1.3 Dates, Times and Periods 1.1.3.1 “Commencement Date” means the date on which the Contractor

shall commence the Works on the written instructions of the Employer contained in the ―Letter of Acceptance‖.

1.1.3.2 “Contract Period” means the period from the Commencement Date to the end of Defects Liability Period including Integrated Testing and Commissioning and as certified by the Engineer under Clause 7.11 (or as extended under Sub-Clause 10.3).

1.1.3.3 “Day” means a calendar day, “Week” means 7 calendar days and “Year” means 365 days.

1.1.3.4 “Effective Date“ means the date on which the Contract comes into force and effect.

1.1.3.5 “Gazetted Holiday” means every holiday which is observed by Delhi Integrated Multi Modal Transit System Limited(DIMTS) as a gazetted holiday as well as a weekly holiday.

1.1.3.6 “General Holiday” means Sunday. 1.1.3.7 “Key Date” means a date identified as such in the Contract. 1.1.3.8 “Milestone” means the completion of a part of the Works or the

occurrence of an event identified as such in the Schedule of Milestones.

1.1.3.9 “Milestone Date” means the date prescribed in the Schedule of Milestone by which a Milestone is to be achieved, if Interim Payments for the Cost Centre in which the Milestone is included are not to be suspended.




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1.1.3.10 “Stage” means level of progress of the works identified as such and more particularly described in the Employer‘s Requirements for which a Key Date for the achievement thereof is stipulated in the Contract.

1.1.3.11 “Time for Completion” means the time for completing the Works or a section or a part thereof (as the case may be), and passing the Tests on Completion, including Integrated Testing and Commissioning, as stated in the contract, calculated from the Commencement Date.

1.1.4 Tests and Completion

1.1.4.1 “Factory Tests” means the tests required to be carried out in the factory premises on components, equipment, subsystem, system, etc. during and/or after manufacture in the factory.

1.1.4.2 “Integrated Testing” means the programme of tests performed by the Contractor at the direction of the Engineer following satisfactory completion of Contractor‘s tests on his equipment, sub-systems or system to verify and confirm the compatibility and compliant performance of his equipment/ sub-system/ system with the equipment/ sub-system/ system provided by others.

1.1.4.3 “Milestone Certificate” means the certificate to be issued by the Engineer in relation to the achievement or otherwise of Milestones.

1.1.4.4 “Performance Certificate” means the certificate issued by the Engineer under Sub-Clause 10.9.

1.1.4.5 “Taking Over Certificate” means a certificate issued under Clause 9.1.

1.1.4.6 “Tests on Completion” means the tests specified in the Contract and designated as such, including Integrated Testing and any other such tests as may be agreed by the Engineer and the Contractor, or instructed as a Variation, which are to be carried out before the Works, or any Section are taken over by the Employer.

1.1.5 Money and Payments

1.1.5.1 “Contract Price” means the sum stated in the Letter of Acceptance as payable to the Contractor, subject to such additions thereto or deductions therefrom as may be made under the provisions of the Contract ,.

1.1.5.2 “Cost” means all expenditure properly incurred (or to be incurred) by the Contractor, whether on or off the Site, including overhead and similar charges, but does not include profit.

1.1.5.3 “Cost Centre Amount” means the amount apportioned to a Cost Centre as set out in the Pricing Document, as the same may be revised from time to time in accordance with the Contract.

1.1.5.4 “Final Payment Certificate” means the payment certificate issued by the Engineer under Sub-Clause 11.9.




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1.1.5.5 “Final Statement” means the agreed statement defined in Sub-Clause 11.9.

1.1.5.6 “Foreign Currency” means a freely convertible international trading currency in which part of the Contract Price is payable, but not the Local Currency.

1.1.5.7 “Interim Payment Certificate” means any payment certificate issued by the Engineer under Sub-Clause 11.4, other than the Final Payment Certificate.

1.1.5.8 Local Currency” means Indian Rupees.

1.1.6 Other Definitions

1.1.6.1 “Contractor’s Equipment” means all machinery, apparatus, appliances, other things of whatsoever nature required for purpose of the Contract, including without limitation, Contractor‘s Plant and Equipment, or Materials to or from the Site, but does not include Plant, or Materials intended to form or forming part of the Works.

1.1.6.2 “Cost Centre” means a group of activities and/ or items of work identified as such in the Pricing Document.

1.1.6.3 “Materials” means things of all kinds (other than Plant) to be provided and incorporated in the Works by the Contractor, including the supply-only items (if any), which are to be supplied by the Contractor as specified in the Contract.

1.1.6.4 “Plant” means the machinery, equipment, and apparatus and the likes, intended to form or forming part of the Works, including the supply-only items (if any), which are to be supplied by the Contractor as specified in the Contract.

1.1.6.5 “Section” means a part of the Works specifically designated in the Appendix to Form of Tender as a Section (if any).

1.1.6.6 “Site” means the places provided by the Employer where the Works are to be executed and to which Plant, Rolling Stock and Materials are to be delivered, and any other place as may be specifically designated in the Contract as forming part of the Site.

1.1.6.7 “Variation” means any alteration and/ or modification to the Employer‘s Requirements, which is instructed by the Engineer or approved as a variation by the Engineer, in accordance with Clause 12.

1.1.6.8 “Works” means the work, both permanent and temporary, or services to be carried out, designed, manufactured, fabricated, delivered to Site, erected, installed, completed, tested, commissioned, (including Integrated Testing and Commissioning) and remedying of any defects, and/ or supplied in accordance with the Contract and include Plant, Materials and their accessories.

1.1.6.9 “Works” means the works to be designed and executed in accordance with the Contract.

1.1.6.10 “Temporary Works” means all temporary works of every kind (other than Contractor‘s Equipment) required for the execution and completion of the Works, and the remedying of any defects.




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Interpretation 1.2 In the Contract except where the context requires otherwise: (a) words indicating one gender include all genders; (b) words indicating the singular also include the plural and words

indicating the plural also include the singular and (c) ― written‖ or ― in writing‖ means hand-written, type written, printed or

electronically made and resulting in a permanent record.

The marginal words and other headings shall not be taken into consideration in the interpretation of these conditions

Law and

Language

1.3 The contract shall be governed by the Acts and Laws of India, the rules,

regulations and bye-laws of the concerned public bodies and authorities.

Language of the Contract shall be English.

Contract

Agreement

1.4 The Employer and the Contractor shall execute a Contract Agreement, with such modifications as may be necessary to record the Contract. The costs of stamp duties and similar charges imposed by law shall be borne by the Contractor.

Priority of

Documents

1.5 The documents forming the Contract are to be taken as mutually explanatory of one another. If there is an ambiguity or discrepancy in the documents, the Engineer shall issue any necessary clarification or instruction to the Contractor, and the priority of the documents shall be as follows:

(a) The Contract Agreement;

(b) The Letter of Acceptance;

(c) Tender;

(d) The Design Criteria and Construction Specifications;

(e) The Scope of Work, Tender Drawings & Bill of Quantities

(f) The Special Conditions of Contract;

(g) The General Conditions of Contract;

(h) The Schedules;

(i) The Contractor‘s Proposal; and

(j) Any other document forming part of the Contract.




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Care and

Supply of

Construction

and/or

Manufacture

Documents

1.6 The Construction and/or Manufacture Documents shall be in the custody

and care of the Contractor during the Contract. Unless otherwise stated in

the Employer‘s Requirements, the Contractor shall provide six copies for

the use of the Engineer and assistants (as referred to in Sub-Clause 3.3).

The Contractor shall keep on Site one complete set of the documents

forming the Contract, the Construction and/or Manufacture Documents,

Variations, other communications given or issued from time to time and

the documents/samples mentioned in Sub-Clause 5.3. The Employer, the

Engineer and their assistants (as referred to in Sub-Clause 3.3) shall have

the right to access these documents all reasonable times.

On discovery of any technical error or defect in a document intended to be used for the purpose of Contract, the Contractor shall promptly give notice to the Engineer of such error or defect.

Communica-

tions

1.7 Communications between parties, unless otherwise specified shall be

effective only when made in writing. A notice will be effective only when

delivered.

Employer's

Use of

Contractor's

Documents

1.8 As between the Parties, the Contractor shall retain the copyright and other intellectual property rights in the Contractor's Documents and other design documents made by (or on behalf of) the Contractor.

The Contractor shall be deemed (by signing the Contract) to give to the Employer a non-terminable transferable non-exclusive royalty-free licence to copy, use and communicate the Contractor's Documents, including making and using modifications of them. This licence shall:

(a) apply throughout the actual or intended working life (whichever is longer) of the relevant parts of the Works,

(b) entitle any person in proper possession of the relevant part of the Works to copy, use and communicate the Contractor's Documents for the purposes of completing, operating, maintaining, altering, adjusting, repairing and demolishing the Works, and

(c) in the case of Contractor's Documents which are in the form of computer programs and other software, permit their use on any computer on the Site and other places as envisaged by the Contract, including replacements of any computers supplied by the Contractor.

The Contractor'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 Employer for purposes other than those permitted under this Sub-Clause.




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Contractor's

Use of

Employer's

Documents

1.9 As between the Parties, the Employer shall retain the copyright and other intellectual property rights in the Employer's Requirements and other documents made by (or on behalf of) the Employer. The Contractor may, at his cost, copy, use, and obtain communication of these documents for the purposes of the Contract.

They shall not, without the Employer's consent, be copied, used or communicated to a third party by the Contractor, except as necessary for the purposes of the Contract.

Compliance

with

Statutes,

Regulations

and Laws

1.10 The Contractor shall familiarise themselves and conform in all aspects with:

(a) the provision of any enactment in India as applicable from time to time

(b) the regulations or bye-laws of any local body and utilities.

(c) The Contractor shall be bound to give all notices required by statute,

regulations or by-laws, as aforesaid and to pay all fees and bills

payable in respect thereof. The Contractor will arrange necessary

clearances and approvals before the Work is taken up.

Ignorance of Rules, Regulations and Bylaws shall not constitute a basis

for any claim at any stage of work

The Contractor shall indemnify the Employer against all penalties and

liabilities of every kind of breach of any such enactment, laws, regulations,

bye-laws or rules.

Joint and

Several

Liability

1.11 If the Contractor is (under applicable Laws) a joint venture, consortium, or

other incorporated grouping of two or more Persons:

a) these Persons shall be deemed to be jointly and severally liable to the Employer for the performance of the Contract;

b) these Persons shall notify the Employer of their leader who shall have authority to bind the Contractor and each of these persons; and the Contractor shall not alter its composition or legal status without the

prior consent of the Employer.

2 The Employer

General

Obligations

2.1 The Employer shall provide the Site and shall pay the Contractor

accordance with the Contract.

Access to

and

Possession

of Site

2.2

The Employer shall grant the Contractor right of access to, and

possession of, the Site progressively for the completion of Works. Such

right and possession may not be exclusive to the Contractor. The

Contractor will draw/modify the schedule for completion of Works

according to progressive possession/right of such sites.




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If the Contractor suffers delay from failure on the part of the Employer

to grant right of access to, or possession of the Site, the Contractor

shall give notice to the Engineer in a period of 28 days of such

occurrence. After receipt of such notice the Engineer shall proceed to

determine any extension of time to which the Contractor is entitled and

shall notify the Contractor accordingly.

For any such delay in handing over of site, Contractors will be entitled to

only reasonable extension of time and no monetary claims whatsoever

shall be paid or entertained on this account.

2.3 It shall be Contractor‘s exclusive responsibility to get approvals, permits

or license required for the Contract. However, the Employer may (where

he is in a position to do so) provide reasonable assistance to Contractor

at the request and cost of the Contractor in getting Permits, License or

Approvals required during the Contract.

The rendering of such assistance by the Employer shall not be interpreted

as a pretext by the Contractor as condoning of any delay or non-

performance of any of the Contractors obligations. The following-up of all

such applications shall be the responsibility of the Contractor.

Assignment

by the

Employer

2.4 The Employer shall be fully entitled without the consent of the Contractor, to assign the benefit of the Contract or any part thereof and any interest therein or thereunder to any third party.

3 The Engineer

Appointment

of Engineer

3.1 The Employer shall notify the Contractor in writing of the appointment

and identity of the Engineer and of any replacement from time to time.

Duties and

Authorities of

the Engineer

3.2 The Engineer shall carry out the duties specified in the Contract. The Engineer shall have no authority to amend the Contract.

The Engineer may exercise the authority specified in, or necessarily to be implied from the Contract. If the Engineer is required to obtain the specific approval of the Employer before exercising such authority, such requirements shall be as stated in Special Conditions of Contract. Any requisite approval shall be deemed to have been given by the Employer for any such authority exercised by the Engineer.

The Engineer shall have no authority to relieve the Contractor of any of his duties, obligations, or responsibilities under the Contract. Any proposal, inspection, examination, testing, consent, approval or




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similar act by the Engineer (including absence of disapproval) shall not relieve the Contractor from any responsibility, including responsibility for his errors, omissions, discrepancies, and non-compliance with Sub-Clause 5.4.

The Engineer shall copy to the Employer all communications given or received by him in accordance with the Contract.

Engineer’s

Authority to

Delegate

3.3 i. The Engineer, with the prior approval of the Employer may from time to time assign and delegate authority to Engineer‘s representatives/assistants and may also revoke such assignments and delegations. The delegation or revocation shall be in writing and shall be applicable only after same has been notified in writing to the Contractor.

ii. Each Assistant to whom duties have been assigned or authority has been delegated shall be authorized to issue instructions to the Contractor to the extent defined by the delegation. Any determination, approval, check, certificate, consent, examination, inspection, instruction, notice, proposal, request, test or similar act by assistance shall have the same effect as though the act had been an act of the Engineer. However:

(a) Any failure to disapprove any Plant, Rolling Stock, Material,

design and workmanship shall not prejudice the right of the

Engineer to reject such Plant, Rolling Stock, Material, design

and workmanship;

(b) if the Contractor questions any determination or instruction of an assistant of the Engineer, the Contractor may refer the matter to the Engineer within three days of such decision having been given, who shall confirm, reverse or vary such determination or instruction.

Engineer’s

Instructions

3.4 The Contractor shall comply with instructions given by the Engineer in accordance with the Contract.

The Contractor shall give reasonable notice to the Engineer of any instruction, which he considers necessary for the execution of the Works, to enable the Engineer to issue the instruction so that progress of the Works is not delayed. The Engineer shall not, however, be bound to issue any instruction which, in his opinion, is unnecessary. No act or omission by the Engineer or the assistants to the Engineer in the performance of any of the Engineer‘s duties or the exercise of any of the Engineer‘s powers under the Contract shall, in any way, operate to relieve the Contractor of any of the duties, responsibilities, obligations or liabilities imposed upon the Contractor by any of the provisions of the Contract.

Engineer to 3.5 When the Engineer is required to determine value, cost or extension




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Attempt

Agreement

of time, he shall consult with the Contractor and the Employer in an

endeavour to reach agreement. If agreement is not achieved, the

Engineer shall determine the matter fairly, reasonably and in

accordance with the Contract, with the approval of Employer

4 The Contractor

General

Obligations

4.1 The Works as completed by the Contractor shall be wholly in

accordance with the Contract and fit for the purposes for which they

are intended, as defined in the Contract. The Works shall include any

work which is necessary to satisfy the Employer's Requirements, the

Contractor's Proposal and Schedules, or is implied by the Contract,

or arises from any obligation of the Contractor, and all works not

mentioned in the Contract but which may be inferred to be necessary

for stability, or completion, or the safe, reliable and efficient operation

of the Works.

The Contractor shall design, manufacture, execute, install, complete, test (including Integrated Testing) and commission, the Works, including providing Construction and/or Manufacture Documents, within the Time for Completion and shall remedy any defects within the Contract Period. The Contractor shall provide all superintendence, labour, Plant, Materials, Contractor‘s Equipment, Temporary Works and all other things, whether of a temporary or permanent nature, required in and for such design, manufacture, execution, installation, completion, testing (including Integrated Testing) and commissioning and remedying of defects.

Before commencing design, the Contractor shall satisfy himself regarding the Employer's Requirements (including design criteria and calculations, if any) and the items of reference mentioned in Sub-Clause 4.8. The Contractor shall give notice to the Engineer of any error, fault or other defect in the Employer's Requirements or such items of reference. After receipt of such notice, the Engineer shall determine whether Clause 12 shall be applied, and shall notify the Contractor accordingly.

The Contractor shall take full responsibility for the adequacy, stability and safety of all Site operations, of all methods of construction, manufacture, and of all the Works, irrespective of any approval or consent by the Engineer.

The Contractor shall be deemed to have satisfied himself before

submitting his tender as to the correctness and sufficiency of his

Tender to cover all his risks, liabilities and obligations set out in or

implied by the Contract and all matters and things necessary for the

proper design, manufacture, execution, installation, completion,




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testing (including Integrated Testing), commissioning of the Works

and remedying of the Defects.

The Works as completed by the Contractor shall be wholly in accordance with the Contract and fit for the purposes for which they are intended, as defined in the Contract. The Works shall include any work which is necessary to satisfy the Employer's Requirements, the Contractor's Proposal and Schedules, or is implied by the Contract, or arises from any obligation of the Contractor, and all works not mentioned in the Contract but which may be inferred to be necessary for stability, or completion, or the safe, reliable and efficient operation of the Works.

The Contractor shall design, manufacture, execute, install, complete, test (including Integrated Testing) and commission, the Works, including providing Construction and/or Manufacture Documents, within the Time for Completion and shall remedy any defects within the Contract Period. The Contractor shall provide all superintendence, labour, Plant, Materials, Contractor‘s Equipment, Temporary Works and all other things, whether of a temporary or permanent nature, required in and for such design, manufacture, execution, installation, completion, testing (including Integrated Testing) and commissioning and remedying of defects.

Before commencing design, the Contractor shall satisfy himself regarding the Employer's Requirements (including design criteria and calculations, if any) and the items of reference mentioned in Sub-Clause 4.8. The Contractor shall give notice to the Engineer of any error, fault or other defect in the Employer's Requirements or such items of reference. After receipt of such notice, the Engineer shall determine whether Clause 12 shall be applied, and shall notify the Contractor accordingly.

The Contractor shall take full responsibility for the adequacy, stability and safety of all Site operations, of all methods of construction, manufacture, and of all the Works, irrespective of any approval or consent by the Engineer.

The Contractor shall be deemed to have satisfied himself before submitting his tender as to the correctness and sufficiency of his Tender to cover all his risks, liabilities and obligations set out in or implied by the Contract and all matters and things necessary for the proper design, manufacture, execution, installation, completion, testing (including Integrated Testing), commissioning of the Works and remedying of the Defects.

The Contractor acknowledges responsibility for ascertaining and securing at his own cost:

(a) conditions bearing upon the proper transportation, disposal,




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handling and storage of materials (including but not limited to hazardous toxic substances and excavated materials);

(b) availability of electricity, water and gas; (c) availability of skilled manpower; (d) the character of equipment and facilities needed preliminary to

and during the manufacture, installation, execution, testing (including Integrated Testing), and commissioning of the Works and remedying of any defects;

(e) the protection of the environment and adjacent structures which will be necessary preliminary to and during the manufacture, installation, execution, testing (including Integrated Testing), and commissioning of the Works and remedying of any defects;

(f) the location of and the authorisation required for and the means of diversion of any services and facilities required for the purposes of the Works.

The Contractor shall whenever required by the Engineer, submit details of the arrangement and methods which the Contractor proposed to adopt for the execution of the Works. No alteration to these arrangements or methods shall be made without the approval of the Engineer.

Performance

Guarantee

4.2

Amount of

Performance

Guarantee

4.2.1 (i) Within 14 days of issue of the Letter of Acceptance, the successful Tenderer shall furnish Performance Guarantee in the form of in the form of Demand Draft of any Nationalized/Scheduled Indian Bank payable at New Delhi/Delhi in favour of Employer or in the form of Government Securities or Fixed Deposit Receipts of any scheduled Indian Bank duly pledged in favour of Employer or in the form of Bank Guarantee from any Nationalized Indian Bank/any RBI approved Scheduled Indian Bank for an amount of five per cent of the Contract Price. The approved form provided in the Schedule 2 of Special Conditions of Contract shall be used for Bank Guarantee. The Bank Guarantee shall be valid upto 90 days beyond the ―Defects Liability Period‖.

ii. Failure of the successful Tenderer to furnish the required Performance Guarantee shall be a ground for the annulment of the award of Contract and forfeiture of the Tender security.

Release of

performance

Guarantee

4.2.2 i. The whole of the Performance Guarantee amount shall be liable to be forfeited by the Employer at the discretion of the Employer, in the event of any breach of Contract on the part of the Contractor.




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ii. In case the time for completion of work gets enlarged, the contractor shall extend performance guarantee to cover such enlarged time for completion of work. The performance guarantee shall be returned to Contractor (without any interest) after 60 days from the end of defects liability period or till final bill has been paid whichever is later.

Warranties

4.2.3 Within 30 days of the date of Letter of Acceptance of the Tender, the Contractor shall submit to the Employer a warrantee in the approved format from the Contractor.

Notwithstanding any other provision of the Contract:

(a) submission by the Contractor of the requisite Performance Guarantee and other written Guarantees shall be condition precedent to the Contractor's entitlement to any payment, under the Contract; and

(b) failure by the Contractor to provide a Performance Guarantee or other Guarantees shall entitle the Employer either to suspend the Works or to terminate the Contract forthwith by notice in writing to that effect, notwithstanding that the Contractor may have been permitted to proceed with the Works, and the Contractor shall not be entitled to any compensation whatsoever as a consequence of such suspension or termination.

Representa-

tion on Works

4.3 Unless the Contractor's Representative is named in the Contract, the Contractor shall, within 14 days of Notice to Proceed, submit to the Engineer for consent the name and particulars of the person the Contractor proposes to appoint. The Contractor shall not revoke the appointment of the Contractor's Representative without the prior consent of the Engineer. The Contractor‘s Representative so nominated shall have full authority to act on behalf of the Contractor. The Contractor's Representative shall give his whole time to directing the preparation of the Construction and/or Manufacture Documents and the execution of the Works. The Contractor's Representative shall receive (on behalf of the Contractor) all notices, instructions, consents, approvals, certificates, determinations and other communications under the Contract. Whenever the Contractor's Representative is to be absent from the Site, a suitable replacement person shall be appointed, with prior consent of Engineer.

Failure on part of the Contractor to comply with these provisions shall constitute a breach of Contract leading to action under Sub-Clause 13.2. The Contractor's Representative may delegate any of his powers, functions and authorities to any competent person, and may at any time revoke any such delegation. Any such delegation or revocation shall be in writing and shall not take effect until the Engineer has given prior consent thereto. The Contractor‘s Representative and such persons shall be fluent in the language of day to day




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communication and the Contractor shall be bound by and fully liable for the acts or omissions of the Contractor‘s Representatives or any of his employees and/or delegates, agents or nominees.

Facilities for

and co-

ordination

with Others.

4.4 The Contractor shall, in accordance with the requirements of the Engineer, afford all reasonable facilities for any other Contractor who may be carrying out, on or adjacent to any Site any Work not included in the Contract but required by the Employer, any utilities undertaking or other duly constituted authority.

The Con The Contractor shall, on the written request of the Engineer, make available to any such other Contractor, or to the Employer or any such authority, any roads or ways for the maintenance of which the Contractor is responsible, for which no additional payment shall be made by the Employer

The Contractor shall be deemed to have made adequate allowance in the Contract Price and in the Works Programme in respect of these obligations.

Sub

Contractors

4.5 The Contractor shall not sub-contract the whole of the Works.

Unless otherwise stated in the Special Conditions of Contract:

a) the Contractor shall not be required to obtain consent for purchases of Materials which are in accordance with the standards specified in the Contract or provisions of labour or for the sub-contracts for which the Sub-contractor is named in the Contract;

b) The limit of subcontracting will be 50% of the contract price; c) not less than 28 days before the intended date of each

Sub-contractor commencing work, the Contractor shall notify the Engineer of such intention; and

d) the Contractor shall give fair and reasonable opportunity for contractors in India to be appointed as Sub-contractors.

e) the Contractor shall not be required to obtain such consent for provision of labour and material and for petty Contractors / piece Works under direct supervision of Contractor‘s Representatives.

The Contractor shall be responsible for observance by all Sub-contractors of all the provisions of the Contract. The Contractor shall be responsible for the acts or defaults of any Sub-contractor, his representatives or employees, as fully as if they were the acts or defaults of the Contractor, his representatives or employees and nothing contained in Sub-clause (a) of clause 4.5 shall constitute a waiver of the Contractor‘s obligations under this contract. The Contractor shall provide to the Engineer of all the Sub Contracts including terms, conditions and pricing. The Contractor shall endeavour to resolve all matters and payments amicable and speedily with the sub-contractors




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Assignment

of

Contractor’s

and Sub-

contractor’s

Obligations

4.6 The Contractor shall not assign a right or benefit under the Contract

without first obtaining Employer‘s prior written consent, otherwise

than by:

a charge in favour of the Contractor‘s bankers of any money due or

to become due under the Contract, or

a. assignment to the Contractor‘s insurers (in cases where the insurers have discharged the Contractor‘s loss or liability) of the Contractor‘s right to obtain relief against any other party liable.

If a Subcontractor‘s obligations extend beyond the expiry date of Defects Liability Period then the Contractor shall assign the benefits of such obligations to the Employer. In the event that a sub-contractor of any tier provides to the

Contractor or any other sub-contractor a warranty in respect of Plant,

Materials or services supplied in connection with the Works, or

undertakes a continuing obligation of any nature whatsoever in

relation to such Plant, Materials or services (including without

limitation an obligation to maintain stocks of spare parts) extending

for a period exceeding that of the Defects Liability Period or where

there is more than one Defects Liability Period exceeding that of the

latest Defects Liability Period, and if the Engineer so directs in writing

within 21 days of the expiry of the Defects Liability Period or the

latest Defects Liability Period (as the case may be), the Contractor

shall immediately assign or obtain the assignment of the benefit of

such warranty or obligation to the Employer or at the direction of the

Employer, to any third party referred to in Sub-Clause 2.4.

Compensation

for Breach

4.7 Any breach of Sub-clauses 4.5 to 4.6 shall entitle the Employer to

rescind the contract under Clause 13.2 of these conditions and also

render the Contractor liable for loss or damage arising due to such

cancellation.

Setting Out 4.8

Accurate

Setting Out

4.8.1 The Contractor shall be responsible for

(a) the accurate setting out of the Works in relation to the original points, lines and levels of reference given by the Engineer in writing

(b) the correctness of position, levels, dimensions and alignments of all parts of the Works

(c) the provisions of all necessary instruments, equipment, apparatus and labour in connection with the foregoing responsibilities

(d) Carefully protecting and preserving all bench marks, sight rails,




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pegs and other things used in setting out the Works The checking of any setting-out or of any line or level by the

Engineer shall not in any way relieve the Contractor of his

responsibility for the accuracy or correctness thereof and the

Contractor shall carefully protect and preserve all bench-marks,

sight-rails, pegs and other things used in setting out the Works.

Errors in

Setting out

4.8.2 If at any time during the execution of the Work, an error appears in

the positions, levels, dimensions or alignment of any part of the

Works, the Contractor on being required to do so by the Engineer

shall, at Contractor‘s cost, rectify such error to the satisfaction of the

Engineer.

Site Data 4.9 The Employer shall have made available to the Contractor with the Tender documents such relevant data in Employer‘s possession on hydrological and sub-surface conditions. The accuracy or reliability of the data/studies/reports and of any other information supplied at any time by the Employer or Engineer is not warranted with respect to the viability of his design and execution of Works and the Contractor shall be responsible for interpreting all such data. The Contractor shall conduct further investigations considered necessary by him at his own cost and any error, discrepancies if found in Employer‘s data at any stage will not constitute ground for any claim for extra time and costs.

i. 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.

ii. The Contractor shall also be deemed to have inspected and examined the Site, its surroundings, the above data and other available information with respect to the viability of his design and execution of Works and to have satisfied himself before submitting the Tender, as to all the relevant matters including without limitation:

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

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

necessary for the execution and completion of the Works and the remedying of any defects;

(d) the applicable laws, procedures and labour practices (e) The Contractor‘s requirement for access, accommodation,

facilities, personnel, power, transport and other services. (f) the risk of injury or damage to property adjacent to the

Site and to the occupiers of such property or any other risk.

Sufficiency of

accepted

4.10 The Contractor shall be deemed to have satisfied himself as to the

correctness and sufficiency of the Contract Price. Unless otherwise




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Contract

Amount

stated in the Contract, the Contract Price shall cover all his

obligations under the Contract and all things necessary for the proper

design, execution and completion of the Works, testing and

commissioning and remedying of any defects.

Access Route 4.11 The Contractor shall be deemed to have satisfied himself as to the

suitability and availability of the access routes he chooses to use.

The Contractor shall (as between the parties) be responsible for the

maintenance of access routes. The Contractor shall provide at his

cost signs or directions, which he may consider necessary or as

instructed by Engineer for the guidance of his staff, labour and

others. The Contractor shall obtain any permission concessions and

related easement right that may be required from the relevant

authorities for the use of such routes, signs and directions.

The Employer will not be responsible for any claims which may arise

from the use or otherwise of any access route. The Employer does

not guarantee the suitability or availability of any particular access

route, and will not entertain any claim for any non-suitability or non-

availability for continuous use during construction of any such route.

Rights of way 4.12 The Contractor shall bear all costs and charges for special or temporary rights-

and Facilities

4.12 The Employer will acquire and provide land for Works and right of

way for access thereto over routes established by the Contractor.

The Contractor shall bear all cost and charges for special or

temporary rights of way which he may require including those for

access to the Site. The Contractor shall also obtain, at his risk and

cost, any additional facility outside the Site which he may require for

the purpose of the Works The Employer reserves the right to make

use of these service roads/rights of way for itself or for other

Contractors working in the area , as and when necessary without any

payment to the Contractor.

Programmes 4.13 The Contractor shall submit a detailed programme to the Engineer

after receipt of the Letter of Acceptance not later than 30 days from

the date of receipt of Letter of Acceptance. The Contractor shall also

submit a revised programme whenever the Engineer finds that the

previous programme is inconsistent with actual progress or with the

Contractor‘s obligations.

Each programme shall include the following:




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a the order in which the Contractor proposes to carry out the Works

(including each stage of design, procurement, manufacture,

delivery to Site, construction, erection, testing and

commissioning),

b all major events and activities in the production of Construction or

Manufacture Documents; and

c the sequence of all tests specified in the Contract including

Integrated Testing and Commissioning.

No significant alteration to the programmes, or to such arrangements and methods, shall be made without obtaining consent of the Engineer. If the progress of the Works does not conform to the programmes, the Engineer may instruct the Contractor to revise the programmes, showing the modifications necessary to achieve completion within the Time for Completion. Consent by the Engineer to Programmes shall not relieve the

Contractor of any of his responsibilities or obligations under the

Contract. If the Programmes indicate that a Key Date has not, or will

not be met, it shall not, by itself entitle the Contractor to an extension

of time in relation to such Key Date.

Progress

Reports

4.14 The Contractor shall submit to the Engineer by the end of each

calendar month his Monthly Progress Report which shall, amongst

other things, highlight actual or potential departures from the Works

Programmes and/or the Design Submission Programme and state

the measures which the Contractor proposes to take in order to

make good or reduce any delay.

If requested by the Engineer, the Contractor shall submit to the

Engineer, at weekly intervals, a written report as to the progress of

off-Site manufacture of Plant, Rolling Stock and Materials.

The Contractor shall also submit to the Engineer such other reports as may reasonably be required by him or any relevant authority or public body.

The progress reports shall conform to the Employer‘s Requirements.

Contractor's

Equipment

4.15

4.15.1 All Contractor‘s Equipment and Temporary Works provided by the

Contractor shall, when brought on to the site, be deemed to be

exclusively intended for execution of the Works and not be removed

without the consent in writing of the Engineer. Such consent shall not




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be unreasonably withheld or delayed

4.15.2 Upon completion of the Works the Contractor shall remove from the

Site all the said Constructional Plant and his unused materials

4.15.3 The Employer shall not at any time be liable for the loss or damage

to any of the Constructional Plant, Temporary Works or materials

save as mentioned in Clauses 14.1

4.15.4 -deleted-

4.15.5 The Employer may assist (but is not obligated to) the Contractor,

where required, in obtaining clearance through the Customs of

Constructional Plant, materials and other things required for the

Works

Safety of

Works

4.16 The Contractor shall throughout the execution of the Works including

the carrying out of any testing, commissioning (including Integrated

Testing and Commissioning ), or remedying of any defect:

a. take full responsibility for the adequacy, stability, safety and

security of the Works, Plant, Rolling Stock, Contractor's

Equipment, Temporary Works, operations on Site and methods of

manufacture, installation, construction and transportation;

b. have full regard for the safety of all persons on or in the vicinity of

the Site (including without limitation persons to whom access to

the Site has been allowed by the Contractor), comply with all

relevant safety regulations, including provision of safety gear, and

insofar as the Contractor is in occupation or otherwise is using

areas of the Site, keep the Site and the Works (so far as the same

are not completed and occupied by the Employer) in an orderly

state appropriate to the avoidance of injury to all persons and shall

keep the Employer indemnified against all injuries to such

persons.

c. provide and maintain all lights, guards, fences and warning signs

and watchmen when and where necessary or required by the

Engineer or by laws or by any relevant authority for the protection

of the Works and for the safety and convenience of the public and

all persons on or in the vicinity of the Site; and

d. where any work would otherwise be carried out in darkness,

ensure that all parts of the Site where work is being carried out are

so lighted as to ensure the safety of all persons on or in the vicinity




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of the Site and of such work.

Contractor is required to take note of all the necessary provisions

related to Safety, Health and Environment Protection enclosed at

Annexure-A-II and the Contractor‘s price shall be inclusive of all the

necessary costs to meet the prescribed safety standards. In the

case, the Contractor fails in the above, the Employer may provide the

necessary arrangements and recover the costs from the Contractor.

Protection of

the

Environment

4.17 The Contractor shall take all reasonable steps to protect the

environment (both on and off the Site) and to avoid injury, damage

and nuisance to people and property resulting from pollution, noise

and other results of his operations. The Contractor shall ensure that

air emissions, surface discharges and effluent from the Site during

the Contract Period shall not exceed the values indicated in the

Employer's Requirements, and shall not exceed the values

prescribed by law. The Contractor shall conform to the Employer‘s

Requirements and shall indemnify the Employer against any liability

or damages or claims arising out of his operations. The Contractor

shall be responsible and liable for any stoppage, closure or

suspension of the works due to any contravention of statutory

requirements relating to the protection of the environment and shall

indemnify and keep indemnified the Employer in this regard.

The Contractor's Site Environmental Plan shall be developed from

provisions related to Safety, Health and Environment Protection

enclosed at Annexure-A-II, as per the Employer's Requirements and

Special Conditions of Contract and the Contractor‘s price shall be

inclusive of all the necessary costs to meet the prescribed

environmental standards..

Electricity

Water and

Gas

4.18 The Contractor shall be responsible for making his own

arrangements at his own cost to obtain supply of water, electricity or

gas for the Works. The Employer where feasible may at its discretion

assist the Contractor in this respect.

Tools, Plants

And

Equipment

Supplied By

The Employer

4.19 Except for any specific item mentioned in the Special Conditions of

Contract or in Employer‘s Requirements, the Contractor shall provide

all tools, plants and equipment for the Works. In respect of such

exceptional tools, plants or equipment committed to be provided by

the Employer under terms and conditions specified in the Special

Conditions of Contract, the Contractor shall take all reasonable care

and shall be responsible for all damages or loss caused by him, his

representatives, sub-contractors or his workmen or others while they




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are in his charge.

On completion of the Works, the Contractor shall hand over the

unused balance of the tools, plants and equipments to the Employer

in good order and repair, fair wear and tear expected, and shall be

responsible for any failure to account for the same or any damage

done thereto.

The decision of the Engineer as to the amount recoverable from the

Contractor on this account shall be final and binding.

Employer’s

Materials

4.20 Except for items mentioned in the Special Conditions of Contract, the

Contractor shall provide all materials for the Works. Material if any, to

be provided by Employer will be done only in a phased manner as

per pre-approved program, against a Bank Guarantee for the value

of the Material and at terms and conditions for issue, upkeep, usage,

return and recovery of such Materials as specified in Special

Conditions of Contract.

Sheds,

Stores, Yards

4.21 It shall be the responsibility of the Contractor to provide at his own

expense the required sheds, store houses, and yards for both

Permanent and Temporary Works and provide free access to the

Engineer and the Engineer‘s Representative who will have right of

inspection including that of instructing the Contractor to remove a

particular material from the stores and not to use the same on the

Works.

Temporary

Works

4.22 All temporary works necessary for the proper execution of the works

shall be provided and maintained by the Contractor at his cost and

subject to the consent of the Engineer shall be removed by

Contractor at his own expense when they are no longer required and

in such manner as the Engineer shall direct. In case the Contractor

fails to remove the temporary works on completion the Engineer is

authorized to get the same removed and recover the cost there of

from the Contractor.

Unforeseeabl

e Physical

Conditions

4.23 In this Clause ―physical conditions‖ means natural physical

conditions, which the Contractor encounters at Site while executing

the Works excluding climatic conditions.

If, during the execution of the Works, the Contractor shall encounter

physical conditions, which, in his opinion, could not have been

reasonably foreseen by an experienced Contractor, the Contractor

shall forthwith give written notice thereof to the Engineer and if, in the

opinion of the Engineer, such conditions could not have been




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reasonably foreseen by an experienced Contractor, then the

Engineer shall certify and the Employer shall pay reasonable

additional cost to which the Contractor shall have been put by reason

of such conditions in the following cases:

a. for complying with any instruction which the Engineer may issue to the Contractor in connection therewith, and

b. for any proper and reasonable measures approved by the Engineer which the Contractor may take in the absence of specific instructions from the Engineer, as a result of such conditions or obstructions being encountered.

The decision of the Engineer as to the additional cost shall be final

and binding.

Access for

Engineer

4.24 The Contractor shall allow the Engineer or the Engineer‘s

Representative or any other person authorized by him, at all times

access to the Site, and to any place where work in connection with

the Contract is being carried out or is intended to be carried out and

to any place where materials or plant are being manufactured,

fabricated and/or assembled for the Works. The Contractor shall

ensure that sub contracts if any shall contain provisions entitling the

Engineer or any person authorized by him to have such access.

Access Road

and Way

Leaves

4.25 Providing access roads/ way leaves to the site will be Contractor‘s

responsibility.

Contractor to

keep Site

Clear

4.26 During the execution of the Works, the Contractor shall keep the Site

free from all unnecessary obstruction, and shall store or dispose of

any Contractor‘s Equipment or surplus materials. The Contractor

shall clear away and remove from the Site any wreckage, rubbish or

Temporary Works no longer required.

On completion of the works, the Contractor shall clear away and

remove from site all Constructional Plant, surplus material and

Temporary Works. He should leave the whole of the site and Works

in a clean, tidy and workman like condition to the satisfaction of the

Engineer.

On completion of Work the Contractor shall also clear away the

hutments and other related installations and restore the land to its

original condition to the satisfaction of the Engineer within 45 days of

the physical completion of Work. The cost on account of delay in

return of land and reinstatement of original condition within the

stipulated time as determined by Engineer will re recovered from the




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Contractor‘s dues.

No final payment in settlement of the accounts for Works shall be

made or held to be due to the Contractor, till, in addition to any other

condition necessary for such final payment, site clearance and

clearances shall have been effected by him. Such clearance may be

made by the Engineer through any other agency at the expense of

the Contractor in the event of the Contractor‘s failure to comply with

this provision within 7 days after receiving notice to that effect from

the Engineer. All expenses on such removal / clearance shall be

debitable to the Contractor as loans due from the Contractor to the

Employer, and the Employer shall be competent to recover the same

from Contractor‘s on-account or final bills, or from Performance

Security amount or from any other amount payable to the Contractor

in any other Contract.

Security of

the Site

4.27 4.1 The Contractor shall be wholly responsible for security of site and Works. Unless otherwise stated in Special Conditions of Contract

a the Contractor shall be responsible for keeping unauthorised persons off the Site; and

b Authorized persons shall be limited to the Employees of the Contractor, Subcontractor or persons authorized by the Engineer.

Contractor's

Operations on

Site

4.28 The Contractor shall confine his operations to the Site, and to any

additional area which may be provided to the Contractor and agreed

by the Engineer as working areas. The Contractor shall take all

necessary precautions to keep his personnel and equipment within

the Site and such additional areas, and to keep and prohibit them

from encroaching on adjacent land.

Discoveries 4. 29 All fossils, coins, articles of value or antiquity and structures and

other remains or things of geological or archaeological interest, in

addition to oil and other minerals discovered on the Site shall be the

absolute property of the Government of India and the Contractor

shall take all the necessary precautions to prevent its workmen or its

sub-contractors' workmen or any other person from removing or

damaging any such article or thing and shall immediately upon

discovery thereof, acquaint the Engineer of such discovery and carry

out the instructions of the Engineer.

Publicity 4. 30 The Contractor shall not publish or otherwise circulate alone or in

conjunction with any other person, any articles, photographs or other

materials relating to the Contract, the Site, the Works, the Project or

any part thereof, nor impart to the Press, or any radio or television




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network any information relating thereto, nor allow any representative

of the media access to the Site, Contractor's Works Areas, or off-Site

place of manufacture, or storage except with the permission, in

writing, of the Employer. The Contractor shall ensure that his sub-

contractors of any tier shall be bound by a like obligation and shall, if

so required by the Employer, enforce the same at his own expense.

The provisions of this Sub-Clause shall not exempt the Contractor

from complying with any statutory provision in regard to the taking

and publication of photographs.

Disclosure Of

Relationship

4.31 If the Contractor or any partner of the Contractor or Director of the

Contractor‘s company is closely related to any of the Officers of the

Employer or the Engineer, or alternatively, if any close relative of an

officer of the Employer or the Engineer has financial interest / stake

in the Contractor‘s firm, the same shall be disclosed by the

Contractor at the time of filing his tender. Any failure to disclose the

interest involved, shall entitle the Employer to rescind the Contract,

without payment of any compensation to the Contractor. The

Contractor shall note that he is prohibited from developing such

interest during the Contract period.

Use Of

Explosives

4.32 Explosives if required on the Work shall be used by Contractor only

with prior Approval of the Engineer and in the manner and to the

extent permitted by him. The Contractor shall be responsible for safe

upkeep of such explosives in a special magazine as per the law on

explosives as well as for taking all the precautions in the usage of the

explosives with proper license and at Contractor‘s cost, sole risk and

responsibility. The Contractor shall hold the Employer harmless and

indemnify for the above.

Corrupt or

fraudulent

practices

4.33

4.33.1 The Employer requires that the Bidders/Contractors observe the

highest standards of ethics during Tendering and execution of this

Contract. In pursuance with this policy, the Employer:

a. defines, for the purpose of these provisions, the terms set forth below as follows: (i) ―corrupt practice‖ means the offering, giving, receiving or

soliciting of any thing of value to Employer, Engineer or any of their employees, influence in the procurement process or in Contract execution; and

(ii) ―fraudulent practice‖ means a misrepresentation of facts




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in order to influence a procurement process or the execution of a Contract to the detriment of the Employer, 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 the Employer of the benefits of free and open competition.

b. Will reject the Tender for the Work or rescind the Contract if the Employer determines that the Bidder/Contractor has engaged in corrupt or fraudulent practices.

c. Will declare a Contractor ineligible, either indefinitely or for a stated period of time, to be awarded a Contract/s if he at any time determines that the Contractor has engaged in corrupt or fraudulent practices in competing for, or in executing the Contract.

Compen-

sation to

Contractor on

rescission of

Contract

under this

clause

4.33.2 In the event of rescission of Contract under Sub-clause 4.33.1, the

Contractor shall not be entitled to any compensation whatsoever,

except for the work done up to the date of rescission.

Design 5

General

Obligations

5.1 The Contractor shall design and provide all necessary specifications

for the Works in accordance with the site plans and Employer‘s

requirements. Any design detail, plan, drawing, specifications, notes,

annotations, and information required shall be provided in such

sufficient format, details, extent, size and scale and within such time as

may be required to ensure effective execution of Works and/or as

otherwise required by the Engineer.

The Contractor holds himself, and his designers as having the experience and capability necessary for the design. The Contractor undertakes that the designers shall be available to attend discussions with the Engineer at all reasonable times during the Contract Period. The Contractor shall furnish Designer‘s Warranty in the format

approved by the Employer.

Contractor’s

warranty of

design

5.2 a. The Contractor shall be fully responsible, for the suitability, adequacy, integrity, durability and practicality of the Contractor‘s proposal.

b. The Contractor warrants that the Contractor‘s Proposals meet the Employer‘s Requirements and is fit for the purpose thereof. Where there is any inadequacy, insufficiency, impracticality or unsuitability in or of the Employer‘s Requirements or any part thereof, the Contractor‘s Proposal shall take into account,




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address or rectify such inadequacy, insufficiency, impracticality or unsuitability at Contractor‘s own cost.

c. The Contractor warrants that the Works have been or will be designed, manufactured, installed and otherwise constructed and to the highest standards available using proven up-to-date good practice

d. The Contractor warrants that the Works will, when completed, comply with enactments and regulations relevant to the Works

e. The Contractor warrants that the design of the Works and the manufacture of plant have taken or will have taken full account of the effects of the intended manufacturing and installation methods, Temporary Works and Contractor‘s Equipment

f. The Contractor shall also provide a guarantee from the Designer for the design for suitability, adequacy, practicality of design for Employer‘s Requirements

g. The Contractor shall indemnify the Employer against any damage, expense, liability, loss or claim, which the Employer might incur, sustain or be subject to arising from any breach of the Contractor‘s design responsibility and/or warranty set out in this Clause.

h. The Contractor further specifies and is deemed to have checked and accepted full responsibility ‗for the Contractor‘ s Proposal and warrants absolutely that the same meets the Employer‘s Requirements:

i. Notwithstanding that such design may be or have been prepared, developed or issued by the Employer, any of Contractor‘s consultants, his sub contractors and/or his qualified personnel/persons or cause to be prepared, developed or issued by others.

ii. Notwithstanding any warranties, guaranties and/or indemnities that may be or may have been submitted by any other person.

iii. Notwithstanding that the same have been accepted by the Engineer

The Contractor shall be fully responsible for the Plants, Materials,

goods, workmanship, preparing, developing and coordinating all

design Works to enable that part of the Works to be constructed and/or

to be fully operational in accordance with the Contract‘s requirements.

Apart from the Contractor, the above warranty shall also be applicable

for his designer. This warranty shall be a part of his sub contract with

the designer and should be made available at the time of signing of the

Agreement.

No claim for additional payment or extension of time shall be

entertained and/or the Contractor shall not be relieved from any

obligation/liability under the Contract, for any delay, suspension,

impediment to or adverse effect upon the progress of the Works due to




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any mistake, inaccuracy, discrepancy or omission in or between the

Contractor‘s, the Definitive Design and the final design, or any failure

by the Contractor to prepare any Design Data or submit the same to

the Engineer in due time and the Contractor shall promptly make good

any such defect at his own cost.

Construction

and/or

Manufacture

Documents

5.3 The Manufacture Documents shall comprise the technical documents

specified in the Employer‘s Requirements, documents required to

satisfy all regulatory approvals, documents described in Sub Clause

5.6 (As Built Document), and Sub Clause 5.7 (Operations and

Maintenance Manuals). The Contractor shall prepare all Manufacture

Documents in sufficient detail and shall also prepare any other

document necessary to instruct the Contractor‘s personnel. The

Engineer shall have the right to inspect the preparation of all these

documents wherever they are being prepared.

Each of the Construction and/or Manufacture Documents shall, when

considered ready for use, be submitted to the Engineer for pre-

construction or pre-manufacture review. Unless otherwise stated in

Employer‘s Requirements, each review by the Engineer shall not

exceed 21 days, calculated from the date on which the Engineer

receives the Manufacture Document.

The Engineer may during the review period, give notice to the

Contractor that a Manufacture Document fails (to the extent stated) to

comply with the Employer's Requirements, it shall be rectified,

resubmitted and reviewed (and if specified, approved) in accordance

with this Sub-Clause, at the Contractor's cost.

For each part of the Works, and except to the extent that the prior

consent of the Engineer shall have been obtained:

(a) In the case of a Construction and/or Manufacture Document which has (as specified) been submitted for the Engineer‘s approval (i) The Engineer shall give notice to the Contractor that the

Construction and/or Manufacture Document is provided with no objection, with or without comments, or that it fails (to the extent stated) to comply with the Contract

(ii) Execution of such part of the Works shall not commence until the Engineer has provided with no objection the Construction and/or Manufacture Document; and

(iii) The Engineer shall be deemed to have provided with no objection the Construction and/or Manufacture Document upon the expiry of the review periods for all the Construction and/or Manufacture Documents which are relevant to the design and execution of such parts, unless the Engineer has previously




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notified otherwise in accordance with sub-paragraph (i) (b) construction and/or manufacture of such part of the Works shall not

commence prior to the expiry of the review of the Construction and/or Manufacture Documents which are relevant to its design and execution;

(c) construction and/or manufacture shall be in accordance with such reviewed (and if specified, approved) Construction and/or Manufacture Documents; and

(d) if the Contractor wishes to modify any design or document which has previously been submitted for such pre-construction and/or pre- manufacture review, the Contractor shall immediately notify the Engineer, and based on Engineer‘s approval shall subsequently submit revised documents to the Engineer in accordance with the above procedure.

If the Engineer instructs that further Construction and/or Manufacture

Documents are necessary for carrying out the Works, the Contractor

shall promptly and at Contractor‘s cost prepare such documents,

Errors omissions, ambiguities, inconsistencies, inadequacies and other

defects if found at any stage in construction or any operations

manufacture documents, then shall be rectified by the Contractor at his

own cost and any approval or consent or review (under this sub-clause

or otherwise) by the Employer/Engineer of the Manufacture and

Construction Documents under this Sub-clause shall not relieve the

Contractor from any obligations or responsibility under the Contract.

Technical

Standards

and

Regulations

5.4 The design, the Construction and/or Manufacture Documents, the execution and the completed Works (including remedying of defects therein) shall comply with the specifications, technical standards, building construction, safety and environmental regulations and other standards specified in the Employer‘s Requirements applicable to the Works or defined by the applicable laws and regulations

Samples 5.5 The Contractor shall submit at his own cost the following samples and

relevant information to the Engineer for pre-construction and/or pre-manufacture review in accordance with the procedure for Construction and/or Manufacture Documents described in Sub-Clause 5.3:

a manufacturer's standard samples of Materials,

b samples (if any) specified in the Employer's Requirements.

Each sample shall be labelled as to origin and intended use in the

Works.

As-Built

Drawings and

Documents

5.6 The Contractor shall prepare, and keep up-to-date, a complete set of

"as-built" records of the execution of the Works, showing the exact "as-

built" locations, sizes and details of the Works as executed, with cross




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references to relevant specifications and data sheets. These records

shall be kept on the Site and shall be used exclusively for the

purposes of this Sub-Clause. Six copies shall be submitted to the

Engineer prior to the commencement of the Tests on Completion.

In addition, the Contractor shall prepare and submit to the Engineer

"as-built drawings" of the Works, showing all Works as executed. The

drawings shall be prepared as the Works proceed, and shall be

submitted to the Engineer for his inspection. The Contractor shall

obtain the consent of the Engineer as to their size, the referencing

system, and other pertinent details.

Prior to the issue of any Taking Over Certificate, the Contractor shall

submit to the Engineer one microfiche copy, one full-size original copy

and six printed copies of the relevant "as-built drawings", and any

further Construction and/or Manufacture Documents specified in the

Employer's Requirements. The Works shall not be considered to be

completed for the purposes of Taking Over under Sub-Clause 9.1 until

such documents have been submitted to the Engineer.

Operation and

Maintenance

Manuals

5.7 Prior to commencement of the Tests on Completion, the Contractor

shall prepare, and submit to the Engineer, Operation and

Maintenance Manuals in accordance with the Employer's

Requirements and in sufficient detail for the Employer to operate,

maintain, dismantle, reassemble, adjust and repair the Works. The

Works shall not be considered to be completed for the purposes of

Taking Over under Sub-Clause 9.1 until such Operation and

Maintenance Manuals have been submitted to the Engineer and

received his consent.

Intellectual

Property

Rights and

Royalties

5.8 The Contractor shall indemnify the Employer and the Engineer from

and against all claims and proceedings on account of infringement (or

alleged infringement) of any patent rights, registered designs,

copyright, design, trademark, trade name, know-how or other

intellectual property rights in respect of the Works, Contractor's

Equipment, machines, work method, or Plant, or Materials, or anything

whatsoever required for the Works and from and against all claims,

demands, proceedings, damages, costs, charges and expenses

whatsoever in respect thereof or in relation thereto. The Contractor

shall pay all traffic surcharges and other royalties, licence fees, rent

and other payments or compensation, if any, for getting stone, sand,

gravel, clay or other materials, machine, process, systems, work

methods, or Contractor‘s Equipment required for the Works. The

Contractor shall, in the event of infringement of Intellectual Property




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Rights, rectify, modify or replace at his own cost the Works, Plant or

materials or anything whatsoever required for the Works so that

infringement no more exist or in the alternative shall procure

necessary rights/license so that there is no infringement of Intellectual

Property Rights.

The Contractor shall be promptly notified of any claim under this Sub-

Clause made against the Employer. The Contractor shall, at his cost,

conduct negotiations for the settlement of such claim, and any litigation

or arbitration that may arise from it. The Employer or the Engineer

shall not make any admission which might be prejudicial to the

Contractor, unless the Contractor has failed to take over the conduct of

the negotiations, litigation or arbitration within a reasonable time after

having been so requested. In the event of Contractor failing to act at

Engineer‘s notice, the Employer shall be at full liberty to deduct any

such amount of pending claim from any amount due to the Contractor

under this Contract or any other Contract.

Insofar as the patent, copyright or other intellectual property rights in any Plant, Design Data, plans, calculations, drawings, documents, Materials, know-how and information relating to the Works shall be vested in the Contractor, the Contractor shall grant to the Employer, his successors and assignees a royalty-free, non-exclusive and irrevocable licence (carrying the right to grant sub-licences) to use and reproduce any of the works, designs or inventions incorporated and referred to in such Plant, documents or Materials and any such know-how and information for all purposes relating to the Works (including without limitation the design, manufacture, installation, reconstruction, Testing, commissioning, completion, reinstatement, extension, repair and operation of the Works). If any patent, registered design or software is developed by the

Contractor specifically for the Works, the title thereto shall vest in the

Employer and the Contractor shall grant to the Employer a non-

exclusive irrevocable and royalty-free licence (carrying the right to

grant sub-license) to use, repair, copy, modify, enhance, adapt and

translate in any form such Software for his own use.

If the Contractor uses proprietary software for the purpose of storing or utilising records the Contractor shall obtain at his own expense the grant of a licence or sub-licence to use such software in favour of the Employer and shall pay such licence fee or other payment as the grantor of such licence may require provided that the use of such software under the licence may be restricted to use relating to the design, construction, reconstruction, manufacture, completion, reinstatement, extension, repair and operation of the Works or any part thereof.

The Contractor's permission referred to above shall be given, inter alia,




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to enable the Employer to disclose (under conditions of confidentiality satisfactory to the Contractor) programmes and documentation for a third party to undertake the performance of services for the Employer in respect of such programmes and documentation.

If any software is developed under the Contract or used by the Contractor for the purposes of storing or utilising records over which the Contractor or a third party holds title or other rights, the Contractor shall permit or obtain for the Employer (as the case may require) the right to use and apply that Software free of additional charge (together with any modifications, improvements and developments thereof) for the purpose of the design, manufacture, installation, reconstruction, testing, commissioning, completion, reinstatement, extension, repair, modification or operation of the Works, or any part thereof, or for the purpose of any Dispute.

The Employer reserves the right to use other Software on or in

connection with the Works.

6 Staff and Labour

Engagement

of Staff and

Labour

6.1 The Contractor shall make his own arrangements for the engagement of

staff and labour at his own cost.

Rates of

Wages and

Conditions

of Labour

6.2 Full compliance of statutory requirements apart, the Contractor shall pay rates of wages and observe conditions of labour not less favourable than those established for the trade or the industry where the work is carried out.

The Contractor shall make himself aware of all labour regulations and their impact on the cost and build up the same in the Contract Price. During the Contract Period no extra amount in this regard shall be payable to the Contractor, for whatsoever reason including any revision of rates payable to the labour due to revision of rates payable in Minimum Wages Act.

Labour provided by the Contractor, either directly or through sub-contractors, for the exclusive use of the Employer or the Engineer, shall, for the purpose of this Sub-Clause, be deemed to be employed by the Contractor.

In the event of default being made in the payment of any money in respect of wages of any person employed by the Contractor or any of its sub-contractors of any tier in and for carrying out of this Contract and if a claim therefor is filed in the office of the Labour Authorities and proof thereof is furnished to the satisfaction of the Labour Authorities, the Employer may, failing payment of the said money by the Contractor, make payment of such claim on behalf of the Contractor to the said Labour Authorities and any sums so paid shall be recoverable by the Employer from the




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Contractor.

Persons in

the service/

retired of

Employer/

Engineer

6.3 a) The Contractor shall not recruit or attempt to recruit, staff and labour from amongst the Employer and the Engineer‘s personnel.

b) The Contractor either at the tendering stage or during construction stage will not employ any retired employee of Employer or Engineer of the Employer in any capacity unless such employee has completed at least two years post retirement period or has obtained the no-objection certificate from Employer for being employed with the Contractor. It will be responsibility of the Contractor to collect the Employer‘s no objection certification from such retired employee and submit the same back to the Employer.

In case of non compliance of above, in addition to any or several of the

courses, referred in Sub-clauses 13.2.1 and 13.2.2 being adopted by the

Employer the Contractor on Termination of the Contract for the aforesaid

reasons will have no claim whatsoever against the Employer except for

actual value of the Work executed till the time of Termination.

Labour

Laws

6.4 In dealing with labour and employees, the Contractor and his Sub-Contractors (including piece rate and petty Contractors) shall comply fully with all laws and statutory regulations pertaining to engagement, payment and upkeep of the labour in India. List of some major Labour Laws applicable to establishments engaged in construction works are given in Annexure A-1 for reference purpose. However, the said list is merely indicative and the Contractor shall also comply with all/any other law that may be applicable.

The contractor shall obtain a valid licence under the Contract Labour (R&A) Act, 1970, and the Contract Labour (Regulation and Abolition) Central Rules, 1971 and under any/all other labour statutes as may be required thereunder, before the commencement of the work, and continue to have a valid license until the completion of the work .

Working Hours

6.5 The Contractor, if required, shall carry out work during night hours or in shifts, unless specifically provided otherwise in the Contract. No increase in rates or extra payments shall be admissible for night work.

The Contractor shall provide adequate lighting and safety arrangements.

Due to sensitive location of project site, there may be restrictions placed on movement of vehicles, working hours or there may be stoppage of work for particular periods by Police/Administrative Authorities on account of security reasons or otherwise. No claim whatsoever on this account shall be entertained notwithstanding the fact that the contractor may have to pay to labourers and other staff engaged directly/indirectly on the work according to provisions of labour regulations and/or any agreements entered upon by Contractor.

Facilities for 6.6 The Contractor shall provide and maintain all necessary accommodation




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Staff and

Labour

and welfare facilities as stipulated in the Employer‘s Requirements for his

(and his Sub- contractor‘s) staff and labour. The Contractor shall also

provide the facilities specified in the Employer‘s Requirements, for the

Employer‘s and Engineer‘s personnel. All accommodation shall be

maintained in a clean and sanitary condition, by the Contractor at his cost.

Health and

Safety

6.7 Precaution shall be taken by the Contractor to ensure the health and

safety of his staff and labour. The Contractor shall, in collaboration with

and to the requirements of the local health authorities, ensure that medical

staff, first aid facilities, sick bay and ambulance service are available at the

accommodation and on the Site at all times, and that suitable

arrangements are made for all necessary welfare and hygiene

requirements and for the prevention of epidemics. The Contractor shall

maintain records and make reports concerning health, safety and welfare

of persons, and damage to property, as per the Engineer‘s requirement

and will ensure complete compliance with relevant provisions related to

Health, Safety and Environment Protection as given in Annexure A-II and

the Contractor‘s price shall be inclusive of all the necessary costs to meet

the prescribed safety standards..

The Contractor's Site Safety Plan shall be developed from his Outline

Safety Plan as per Employer's Requirements.

The Contractor shall appoint a member of his staff at the Site to be

responsible for maintaining the safety, and protection against accidents, of

personnel on the Site. This person shall be qualified for his work and shall

have the authority to issue instructions and take protective measures to

prevent accidents.

Contractor's

Superintend

- ence

6.8 The Contractor shall provide all necessary superintendence during the

design and execution of the Works, and as long thereafter as the Engineer

may consider necessary for the proper fulfilling of the Contractor's

obligations under the Contract. Such superintendence shall be provided

by sufficient persons having adequate knowledge of the operations to be

carried out (including the methods and techniques required, the hazards

likely to be encountered and methods of preventing accidents) for the

satisfactory and safe execution of the Works.

Provision Of

Efficient

And

Competent

6.9 The Contractor shall employ (or cause to be employed) only persons who are careful and appropriately qualified, skilled and experienced in their respective trades or occupations. The Engineer may require the Contractor to remove (or cause to be removed) any person employed on the Site or Works, including




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Staff the Contractor's Representative, who in the opinion of the Engineer:

a. persists in any misconduct, b. is incompetent or negligent in the performance of his duties, c. fails to conform with any provisions of the Contract, or d. persists in any conduct which is prejudicial to safety, health, or the

protection of the environment. Preserva-

tion of

Peace and

orderly

conduct

6.10

6.10.1 The Contractor shall be responsible for preservation of peace and orderly

conduct at the site and its neighbourhood by Contractor‘s employees,

Representatives, petty contractors, Sub Contractors etc. In case,

deployment of a Special Police Force, becomes necessary at or near Site,

during the tenure of Works, the expenses for the same shall be borne by

the Contractor.

6.10.2 The Contractor shall at all times take all reasonable precautions to prevent

any unlawful, riotous or disorderly conduct by or amongst his staff and

labour, and to preserve peace and protection of persons and property in

the neighborhood of the Works against such conduct.

Labour to

be

Contractor’s

Employee

6.11 If, the Contractor directly or through petty contractors or Sub-Contractors

supplies any labour to be used wholly or partly under the direct orders and

control of the Engineer or the Employer, whether in connection with any

work being executed by the Contractor or otherwise for the purposes of

the Employer, such labour shall, for the purpose of this clause, be deemed

to be persons employed by the Contractor

Report Of

Accidents

To Labour

6.12 The Contractor shall be responsible for safety of all employees, employed

by him on Works, directly or through petty contractors or Sub-Contractors,

and shall report accidents to any of them, however, and wherever

occurring on Works, to the Engineer or the Engineer‘s Representative,

and shall make every arrangement to render all possible assistance and to

provide prompt and proper medical attention. The compensation for

affected Workers or their relatives shall be paid by the Contractor in such

cases with utmost expeditious in accordance with the Workmen‘s

Compensation Act.

Claim` on

account of

violation of

6.13 The Contractor shall be solely accountable for violation of any labour law

by it, its petty contractors or Sub Contractors and will pay any such

claim/damage to the authorities forthwith on demand. If any moneys shall,




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Labour laws as a result of any instructions, directions or decisions from the Authorities

or claim or application made under any of the labour laws or regulations,

be directed to be paid by the Employer, such moneys shall be deemed to

be moneys payable to the Employer by the Contractor and he will pay the

same to the Employer forthwith on demand, without demur and without

asking for any reasons/explanations from the Employer. On failure of the

Contractor to repay the Employer any moneys paid or to be paid by it as

aforesaid within seven days after the same shall have been demanded,

the Employer shall be entitled to recover the amount from any moneys

due or accruing to the Contractor under this or any other Contract with the

Employer.

7 QUALITY CONTROL

Manner of

Execution

7.1 All Plants and Materials to be supplied shall be manufactured, and all work

to be done shall be executed, in the manner set out in the Contract. Where

the manner of manufacture and execution is not set out in the Contract, the

work shall be executed in a proper, workmanlike and careful manner, with

properly equipped facilities and non-hazardous Materials, and in

accordance with modern recognized good practice.

Delivery to

Site

7.2 The Contractor shall be responsible for procurement, transport, receiving,

unloading and safe keeping of all Plant,construction Materials, Contractor's

Equipment and other things required for the completion of the Works.

Inspection 7.3 The Employer and the Engineer shall at all reasonable times

a. have full access to all parts of the Site and to all places from which natural materials are being obtained, and

b. during production, manufacture, fabrication and construction (at the site and elsewhere)be entitled to inspect, examine, measure and test the materials and workmanship, and to check the progress of manufacture, of all Plant, construction and Materials to be supplied under the Contract.

The Contractor shall give the Engineer full opportunity to carry out these

activities including providing access, facilities, permissions and safety

equipments. No such activity/inspection shall relieve the Contractor from

any obligation or responsibility.

Testing 7.4 This sub clause shall apply to all tests specified in the Contract, other than

the Tests after Completion.

The Contractor shall provide all documents and other information

necessary for all types of testing and such assistance, labour, materials,

electricity, fuel, stores, apparatus and instruments as are necessary to




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carry out such tests efficiently.

The Contractor shall agree, with the Engineer, the time and place for the

testing of any Plant, Materials and other parts of the Works as specified in

the Contract.

The Engineer shall give the Contractor not less than 24 hours' notice of his

intention to attend the tests.

If the Engineer does not attend at the time and place agreed, or if the

Contractor and the Engineer agree that the Engineer shall not attend, the

Contractor may proceed with the tests, unless the Engineer instructs the

Contractor otherwise. Such tests shall be deemed to have been made in

the Engineer's presence.

The Contractor shall promptly forward to the Engineer duly certified reports

of the tests. If the Engineer has not attended the tests, he shall accept the

readings as accurate. When the specified tests have been passed, the

Engineer shall endorse the Contractor's test certificate, or issue a certificate

to him, to that effect.

The cost of making any Test shall be borne by the Contractor if such Test is

clearly intended as mandatory by the relevant technical specifications or

provided for in the Contract. If any, additional test is ordered by the

Engineer which is either:

a. not so intended by or provided for in the Contract, or b. though so intended or provided for is ordered by the Engineer to be

carried out by an independent person at any place other than the Site or the place of manufacture or fabrication of the Materials Tested.

Then the cost of such Test shall be borne by the Employer. If, however,

the Test shows the workmanship or Materials not to be in accordance with

the Contract, then the cost of such Test will be borne by the Contractor.

No such testing shall relieve the Contractor from any obligation or

responsibility.

Rejection 7.5 If, as a result of inspection, examination or testing, any Plant, Material,

design or workmanship is found to be defective or otherwise not in

accordance with the Contract, the Engineer may reject the same and by

giving notice to the Contractor with reasons. The Contractor shall then

promptly make good the defect and ensure that the rejected item after

rectification complies with the Contract.

If the Engineer requires such Plant, Material, design or workmanship to be




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retested, the tests shall be repeated under the same terms and conditions.

If such rejection and retesting cause the Employer to incur additional costs,

such costs shall be recoverable from the Contractor by the Employer, and

may be deducted by the Employer from any monies due, or to become due,

to the Contractor.

Liability

after

Inspection

and Testing

7.6 The Contractor shall not be released from any liability or obligation under

the Contract by reason of any such inspection or testing or witnessing of

testing, or by the submission of reports of inspection or testing to the

Engineer.

Ownership

of Plant and

Materials

7.7 Each item of Plant, and Material shall become the property of the

Employer, when it is delivered to Site or payment thereof, either in part or

full, has been made. The Contractor shall however continue to bear the risk

in respect of such items which continue to remain in his custody.

Cost of

Employer’s

Attendance

Including

Travel

7.8 The Employer shall bear the costs of attendance including travel by the

Employer or his Representative for the purposes of Sub-Clauses 7.3 and

7.4 above. The cost of attendance including travel by the Employer,

Engineer or his Representative for the purpose of Sub-clause 7.5 shall be

borne by the Contractor.

Covering up

of Works

7.9

Examination

of work

before

covering up

7.9.1 No work or part of work shall be covered up or put out of view, without the

prior approval of the Engineer or the Engineer‘s Representative.

Cost of

uncovering

the work

already

covered up

7.9.2 The Contractor shall uncover any part or parts of the Works, or make

openings in or through the same, as the Engineer may from time to time

direct, and shall reinstate and make good such part or parts, to the

satisfaction of the Engineer. If any such part or parts have been covered

up, or put out of view after compliance with the requirement of Sub-clause

7.10.4 and the Works are found to be executed in accordance with the

Contract, the expenses of uncovering, making openings in or through,

reinstating and making good the same, shall be borne by the Employer,

but if the Works are found to be defective, costs shall be borne by the

Contractor

In case after completion of a part of the Work, the part of Work is not fully

consistent with the Employer‘s Requirements and there is no way to

change the same, in that case, the same (provided it has no implication on

safety and operation) shall be accepted only at a Contractor‘s deemed




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variation at lower negotiated price.

The decision of the Engineer in this regard shall be final and binding on the

Contractor.

Tests after

Completion

7.10

Contractor’s

Obligations

7.10.1 The Contractor shall carry out the Tests on Completion at his own cost in

accordance with the Contract after providing the documents in accordance

with Sub-Clauses 5.4 and 5.5. The Contractor shall give, to the Engineer,

21 days' notice of the date after which the Contractor will be ready to carry

out the Tests on Completion. Unless otherwise agreed, such Tests shall be

carried out within 14 days after this date, on such day or days as the

Engineer shall instruct.

Unless otherwise stated in Special Conditions of Contract, the Tests on

Completion shall be carried out in the following sequence

(a). pre-commissioning test, which shall include appropriate

instructions and (―dry‖ or ―cold‖) functional tests to demonstrate

that each item of the Plant, Rolling Stock and Work can safely

undertake the next stage

(b)_Commissioning Test shall include the specified operational tests

to demonstrate Works or Sections can operated safely and as

specified under all available operating condition

(c) trial operation which shall demonstrate that the Works or Section

perform reliably and in accordance with the Contract

The Contractor at his cost shall arrange all tools, equipments, gadgets,

facilities or as deemed necessary by the Engineer for such tests, In

considering the results of the Tests on Completion, the Engineer shall

make allowances for the effect of any use of the Works by the Employer on

the performance or other characteristics of the Works. As soon as the

Works, or a Section, have passed the Tests on Completion described in

sub-paragraphs (a), (b) or (c), the Contractor shall provide the Engineer

and the Employer with a certified report of the results of all such Tests




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Delayed

Tests

7.10.2 If the Engineer opines that Tests on Completion arebeing unduly delayed

by the Contractor, the Engineer may by notice require the Contractor to

carry out such Tests within 21 days after the receipt of the notice. The

Contractor shall carry out such Tests on such day or days as the Contractor

may fix and of which he shall give notice to the Engineer.

If the Contractor fails to carry out the Tests on Completion within 21 days,

the Engineer may proceed with such Tests at the risk and cost of the

Contractor. The Tests on Completion then shall be deemed to have been

carried out in the presence of the Contractor and the results of such Tests

shall be accepted as accurate.

Retesting 7.10.3 If the Works, or a part thereof, or a Section, fail to pass the Tests on

Completion, Sub-Clause 7.5 ―Rejection‖ shall apply, and the Engineer or

the Contractor may require such failed Tests, and the Tests on Completion

on any related work, to be repeated under the same terms and conditions.

Failure to

Pass Tests

on

Completion

7.10.4 If the Works, or a part thereof, or a Section, fail to pass the Tests on

Completion repeated under Sub-Clause 7.10.3, the Engineer shall be

entitled to:

(a) order further repetition of Tests on Completion under Sub-Clause 7.10.3;

(b) reject the Works, or a part thereof, or a Section (as the case may be), in which event the Employer shall have the same remedies against the Contractor as are provided under Clause 13; or

(c) issue a Taking Over Certificate, if the Employer so requires. The Contract Price shall then be reduced by such amount as determined by the Engineer and as shall be appropriate to cover the reduced value to the Employer as a result of this failure. The Contractor shall then proceed in accordance with his other obligations under the Contract.

Integrated

testing and

commission

-ning

7.11

Integrated

Testing

7.11.1 Tests on Completion shall also include Integrated Testing. The Contractor

shall, following satisfactory completion of tests on his works, equipment,

sub-systems or system, perform, at the direction of the Engineer,

programme of tests to verify and confirm the compatibility and complete

performance of his works, equipment, sub-systems or system with the

works, equipment, sub-systems or system provided by others.

Compilation

of Test

7.11.2 The results of the Integrated Testing and Commissioning shall be compiled




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Results and evaluated by the Engineer and the Contractor.

Retesting 7.11.3 If the Works, or a part thereof, or a Section, fail to pass the Integrated

Testing and Commissioning, the Engineer shall require such failed Tests, to

be repeated under the same terms and conditions. If such failure and

retesting result from a default of the Contractor and cause the Employer to

incur additional costs, the same shall be recoverable from the Contractor by

the Employer, and may be deducted by the Employer from any monies due,

or to become due, to the Contractor.

Failure to

Pass Test

7.11.4 If the Works, or a part thereof, or a Section, fail to pass Integrated Testing

and Commissioning and the Contractor in consequence proposes to make

any adjustment or modification to the Works or a part thereof, or a section,

the Engineer may, with the approval of the Employer, instruct the

Contractor to carry out such adjustment or modification, at his own cost and

to satisfy the requirements of Integrated Testing and Commissioning within

such time as the Employer / Engineer may deem to be reasonable.

Statutory

Requiremen

ts

7.11.5 The Contractor along with others shall carry out all statutory tests and trials,

under the supervision of the Engineer, necessary for obtaining sanction of

the competent authority for opening the system for public carriage of

passengers.

8 Time Management

Commence

ment of

Works

8.1 The Contractor shall commence the Works on the date specified in the

Letter of Acceptance or if no date is specified in the Letter of Acceptance,

on the date specified in an instruction in writing to that effect from the

Engineer (Notice to Proceed). Thereafter the Contractor shall proceed with

due diligence, without delay, and in accordance with the programme or any

revised or modified programme of the Works. Time will be the essence of

Contract and time for Completion shall run from the date the Contractor is to

commence the Works under this Clause.

The Contractor shall not commence the construction, manufacture or

installation of the Works or of any part of the Works unless and until the

Engineer has endorsed the relevant Working Drawings in accordance with

the Employer's Requirements.

Time for

Completion

8.2 Time is the essence of Contract and will remain so at all times during the

pendency of the Contract including the extended period of Contract. The

Contractor shall ensure defect free completion and have passed the tests

on the completion, including integrated testing and commissioning of the

whole of the Works and/or parts thereof before the same is taken over by




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the Employer.

Delay 8.3 In case of delay on the part of the Contractor, the Contractor shall be liable

to pay liquidated damages and any other compensation for the damages

suffered by the Employer as per clause 8.5. This is without prejudice to the

right of the Employer to rescind the Contract.

Failure or delay by the Employer or the Engineer, to hand over to the

Contractor the Site necessary for execution of Works, or any part of the

Works, or to give necessary notice to commence the Works, or to provide

necessary Drawings or instructions or clarifications or to supply any

material, plant or machinery, which under the Contract, is the responsibility

of the Employer, shall in no way affect or vitiate the Contract or alter the

character thereof; or entitle the Contractor to damages or compensation

thereof but in any such case, the Engineer shall extend the time period for

the completion of the Contract, as in his opinion is / are reasonable.

Extension

of Time for

Completion

8.4

Extension

of Time

8.4.1 The Contractor may apply for an extension of the Time for Completion if the

Work is or will be delayed either before or after the Time for Completion by

any of the following causes:

a. ―Force Majeure‖ referred to in Clause 16.0 b. The Contractor‘s work held up for not being given possession of or

access to the Site in accordance with the Contract c. Instruction of the Engineer to suspend the Works and the

Contractor not being in default as to reasons of suspension. d. Acts or omissions of other Designated Contractors in executing

work not forming part of this Contract and on whose performance, the performance of the Contractor necessarily depends.

e. Any act of prevention or Breach of Contract by the Employer and not mentioned in this Clause

f. Any order of Court restraining the performance of the Contract in full or in any part thereof

g. Any other event or occurrence which, according to the Employer is not due to the Contractor‘s failure or fault, and is beyond his control without Employer being responsible for the same.

h. An Employer‘s Variation However, the Contractor shall not be entitled to any extension of time

where the instructions or acts of the Employer or the Engineer are

necessitated by or intended to cure any default of or breach of Contract by

the Contractor or where any delay is due to

a. the failure of sub-contractor, to commence or to carry out work in




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due time, b. non-availability, or shortage of Contractor‘s equipment, labour,

utility services, Plant and Materials, c. inclement weather conditions, and d. the Contractor not fulfilling his obligations under Sub-Clause 4.4.

If the Contractor considers himself to be entitled to an extension of time for

Completion, he shall give notice to the Engineer of such intention as soon

as possible and in any event within 28 days of the start of the event giving

rise to the delay and full and final supporting details of his application

within 21 days of the last day of delay, together with any notice required by

the Contract and relevant to such Clause.

The Engineer shall proceed in accordance with Sub-Clause 3.5 to agree or

determine either prospectively or retrospectively such extension of the

Time for Completion as may be due. The Engineer shall notify the

Contractor accordingly.

Extension

of time for

completion

for other

reasons

8.4.2 The Contractor shall not be entitled to an extension of time by reason of any delay to any activity in the carrying out of the Works unless in the opinion of the Engineer such delay results in or may be expected to result in a delay to completion of the Works, or achievement of any Stage by the relevant Key Date. Whether or not the Contractor fails to achieve any Milestone by reason of any delay shall not by itself be material to the Contractor's entitlement to an extension of time. Any extension to a Key Date shall not by itself entitle the Contractor to an

extension to any other Key Date.

Extension

of time for

delays due

to

Contractor

8.4.3 If the delay in the completion of the whole Works or a portion of the Works, for which an earlier completion period is stipulated, is due to the Contractor‘s failure or fault, and the Engineer is of the view that the remaining Works or the portions of Works can be completed by the Contractor in a reasonable and acceptable short time, then, the Engineer may allow the Contractor extension or further extension of time at its discretion with or without liquidated damages, for completion, as he may decide.

Liquidated

Damages

for Delay

8.5 Time is the essence of the Contract. Appendix to the Form of Tender shall

include in respect of the Works and in respect of any Stage, a percentage

of the total contract value which will be recoverable from the Contractor as

liquidated damages for each day of delay in completion of the Works or in

achievement of a stage by a particular Key Date. The total amount of

liquidated damages in respect of the Works in all stages shall, however,

not exceed the limit of liquidated damages stated in the Appendix to the

Form of Tender.

The liquidated damages are recovered by the Employer from the

Contractor for delay and not as penalty.




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The Employer may, without prejudice to any other method of recovery,

deduct the amount of such damages from any monies due, or to become

due, to the Contractor. In the event of an extension of time being granted

under Sub- Clause 8.3, the amount due under this Sub-Clause shall be

recalculated accordingly, and any over-payment refunded. The payment or

deduction of such damages shall not relieve the Contractor from his

obligations to complete the Works, or from any other of his duties,

obligations or responsibilities under the Contract.

The Contractor shall use and continue to use his best endeavours to avoid

or reduce further delay to the Works, or any relevant Stages.

At any time after the Employer has become entitled to liquidated damages,

the Engineer may give notice to the Contractor under Sub- Clause 13.1,

requiring the Contractor to complete the Works within a specified

reasonable time. Such action shall not prejudice the Employer's

entitlements to recovery of liquidated damages, under this Sub-Clause and

to terminate under Sub- Clause 13.4.

The decision of the Engineer as to the compensation payable by the

Contractor under this Clause shall be final and binding.

Rate of

Progress

8.6 If for any reason which does not entitle the Contractor to an extension of

time, the rate of progress of the Works is at any time, in the opinion of the

Engineer, too slow to ensure timely completion of the Works or

achievement of any Stage by the relevant Key Date the Engineer may so

notify the Contractor in writing. The Contractor shall thereupon take such

steps as are necessary, or in default of taking such steps, shall take such

steps as the Engineer may reasonably instruct in writing, to expedite

progress so as to complete the Works or any Section in time or achieve

any Stage by the relevant Key Date. The Contractor shall not be entitled

to any additional payment for taking such steps.

If any steps taken by the Contractor in meeting his obligations under this

Sub- Clause cause the Employer to incur additional costs, such costs shall

be recoverable from the Contractor by the Employer, and shall be

deducted by the Employer from any monies due, or to become due, to the

Contractor.

Suspension

of Work

8.7 The Engineer may at any time instruct the Contractor to suspend progress

of part or all of the Works. During suspension, the Contractor shall protect,

store and secure such part or whole of the Works against any

deterioration, loss or damage.




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Consequenc-

es of

Suspension

8.8 The Contractor shall not be entitled to extra cost (if any), incurred by him,

during the period of suspension of Work., if such suspension is

a. provided for in the Contract, or b. necessary for proper execution of Woks or by reasons of weather

condition or by some default on the part of the Contractor, or c. necessary for the safety of Works or any part thereof or d. necessary for the safety of adjoining public or other property or

safety of the public or workmen or those who have to be at the site or

e. to ensure safety and to avoid disruption of traffic and utilities, as also to permit fast repairs and restoration of any damaged utilities,

If suspension is ordered by the Engineer for reasons other than those

mentioned in sub-clause 8.8 then the Contractor‘s entitlement are in the

table below

Suspension

Period

Extension

of Time

Compensation for the

suspension period

Remarks

Upto 14

days

NO NO Engineer may at his sole

discretion may give

extension of time in

exceptional circumstances

15 – 30

days

YES NO Extension of time as

considered proper by the

Engineer

Above 30

days

YES As per Daily rate of wages for idle labour/employees

70% of the rate for hire charges for idle plant and machinery (excluding cost of fuel and lubricants)

15% above all these items to cover overhead costs

Compensation as assessed

by the Engineer on

submission of

documentary proof by the

Contractor to Engineer’s

satisfaction

Above 90

days

NO As per clause 13.3.4 Contractor may ask for

closure of the Contract, or




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If

Contractor

asks for

fore

closure

deletion from the

Contract of that part of

Works which has been

suspended

Resumption

of Work

8.9 After receipt of permission or of an instruction to proceed, the Contractor shall, after notice to the Engineer, and together with the Engineer, examine the Works, Plant, Works and Materials affected by the suspension. The Contractor shall make good any deterioration or defect in or loss of the Works, Plant and Materials, which has occurred during the suspension.

9 Employer's Taking Over

Taking Over

Certificate

9.1 The Works shall be taken over by the Employer when they have been

completed in accordance with the Contract, have passed the Tests on

Completion, including Integrated Testing and Commissioning, and a

Taking Over Certificate for the Works has been issued. If the Works are

divided into Sections, the Contractor shall be entitled to apply for a Taking

Over Certificate for each Section.

The Contractor may apply by notice to the Engineer for a Taking-Over-

Certificate not earlier than 14 days before the works or section (as the

case may be) will, in the Contractor‘s opinion, be complete and ready for

taking over. The Engineer shall, within 28 days after the receipt of the

Contractor‘s application:

(a) issue the Taking Over Certificate to the Contractor, stating the date

on which the Works or Section were completed, including the Tests

on Completion and Integrated Testing and Commissioning, in

accordance with the Contract (except for minor outstanding work that

does not affect the use and safety of the Works or Section for their

intended purposes); or

(b) reject the application, giving his reasons and specifying the work

required to be done by the Contractor to enable the Taking Over

Certificate to be issued. The Contractor shall then complete such

work before issuing a further notice under this Sub-Clause.

Taking over

of Parts of

the Works

9.2 The Engineer may, at the sole discretion of the Employer issue a Taking

Over Certificate for any part of the Permanent Works.

If the Employer uses any part of the Works for revenue service before the




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Taking Over Certificate is issued:

(a) the part which is used shall be deemed to have been taken over at

the date on which it is used, subject to the Contractor completing the

works which remain outstanding in the opinion of the Employer;

(b) the Engineer shall, when requested by the Contractor, issue a Taking

Over Certificate after the Contractor has completed the outstanding

Works and has carried out Tests on Completion, including Integrated

Testing; and

(c) the Contractor shall cease to be liable for the care of such part from

such date, when responsibility shall pass to the Employer.

10 Defects Liability

Completion of Outstanding Work and Remedying Defects

10.1 ―Defects Liability Period‖ shall mean the defects liability period stated in

the Special Conditions of Contract calculated from the date of taking over

of whole of the Works and not any sub-section or part thereof. Provided

that, if any part of the Works or sub-systems or component of that part has

been replaced, renewed or repaired, the ―Defects Liability Period‖ in

respect of that part or sub-system or components of that part shall start

from the date such replacement, renewal or repair has been completed to

the satisfaction of the Engineer.

In order that the Construction and/or Manufacture Documents and the

Works shall be in the condition required by the Contract (fair wear and tear

excepted) at, or as soon as practicable after the expiry of the Contract

Period, the Contractor shall:

(a) complete any work which is outstanding on the date stated in a

Taking Over Certificate, as soon as practicable after such date, and

(b) execute all such work of amendment, reconstruction, and

remedying defects or damage, as may be instructed in writing by

the Employer or the Engineer during the Contract Period.

Cost of Remedying Defects

10.2 All work referred to in Sub-Clause 10.1(b) shall be executed by the

Contractor at his own cost, if the necessity for such work is due to:

(a) the design of the Works;

(b) Plant, Materials or workmanship not being in accordance with the

Contract; or

(c) failure by the Contractor to comply with any of his other obligations.




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If in the opinion of the Engineer, such necessity is due to any other cause,

he shall determine an adjustment to the Contract Price, with the approval

of the Employer, and shall notify the Contractor accordingly. In this event,

Sub-Clause 12.3 shall apply to such work.

Extension of Contract Period

10.3 The Contract Period shall be extended by a period, after the Works are

taken over, during which the Works or any Section or item of Plant, cannot

be used, for the purposes for which they are intended, by reason of a

defect or damage.

When delivery of Plant, and/or Materials, or erection of Plant, or

installation of Materials, has been suspended under Sub-Clause 8.7, the

Contractor's obligations under this Sub-Clause shall not apply to any

defects or damage occurring more than three years after the Plant, and/or

Materials would otherwise have been delivered, erected and taken over.

Failure to Remedy Defects

10.4 If the Contractor fails to remedy any defect or damage within such time as

the Employer / Engineer may deem to be reasonable, the Employer or the

Engineer may fix a date on or by which to remedy the defect or damage,

and give the Contractor reasonable notice of such date. If the Contractor

fails to remedy the defect or damage by such date and the necessity for

such work is due to a cause stated in Sub-Clause 10.2(a), (b) or (c), the

Employer may (at his sole discretion):

(a) carry out the work himself or by others, in a reasonable manner and

at the Contractor's risk and cost, but the Contractor shall have no

responsibility for such work: the costs incurred by the Employer in

remedying the defect or damage shall be recoverable from the

Contractor by the Employer;

(b) require the Engineer to determine and certify a reasonable

reduction in the Contract Price; or

(c) if the defect or damage is such that the Employer has been

deprived of substantially the whole of the benefit of the Works or

parts of the Works, terminate the Contract in respect of such parts

of the Works as cannot be put to the intended use, the Employer

shall then be entitled to recover all sums paid for such parts of the

Works together with the cost of dismantling the same, clearing the

Site and returning Plant, Rolling Stock and Materials to the

Contractor, and Sub-Clause 13 shall not apply.

Removal of Defective Work

10.5 If the defect or damage is such that it cannot be remedied expeditiously on

the Site and if the Employer gives consent, the Contractor may, remove

from the Site for the purposes of repair any part of the Works, which is




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defective or damaged. This consent may require the Contractor to

increase the amount of Performance Security by the full replacement cost

of these items or to provide other appropriate security acceptable to the

Employer.

Further Tests

10.6 If the remedying of any defect or damage is such that it may affect the

performance of the Works, the Engineer may require that Tests on

Completion, including Integrated Testing, be repeated to the extent

necessary. The requirement shall be made by notice within 28 days after

the defect or damage is remedied. Such Tests shall be carried out in

accordance with Clause 7.10

Right of Access

10.7 Until the Performance Certificate has been issued, the Contractor shall

have the right of access to all parts of the Works and to records of the

working and performance of the Works, except as may be inconsistent

with any reasonable security restrictions by the organisation responsible

for operating the Works.

Contractor to Search

10.8 The Contractor shall, if required by the Engineer, search for the cause of

any defect, under the direction of the Engineer. Unless the defect is one

for which the Contractor is liable, the Cost of such search shall be added

to the Contract Price.

Performance Certificate

10.9 The Contract shall not be considered to be completed until the

Performance Certificate has been signed by the Engineer and delivered to

the Contractor, stating the date on which the Contractor completed his

obligations to the Engineer's satisfaction. Only the Performance Certificate

shall be deemed to constitute approval of the Works.

Unfulfilled Obligations

10.10

After the Performance Certificate has been issued, the Contractor and the

Employer shall remain liable for the fulfillment of any obligation, which

remains unperformed at that lime. For the purposes of determining the

nature and extent of any such obligation, the Contract shall be deemed to

remain in force.

Emergency defect rectification

10.11 If any defect or damage is one requiring immediate attention from safety,

environmental or operational viewpoint, the Engineer has the authority to

proceed with rectification in any manner suitable and deduct such sums

from the Contract Price.

11 Contract Price and Payment

The Contract Price

11.1




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11.1.1 Unless otherwise stated in the Special Conditions of Contract,

i. the Contract Price shall be subject to any adjustment thereto in accordance with the Contract and the rates shall be all inclusive (including all taxes, VATduties, royalties etc.)..

Nothing extra shall be payable over the quoted rates, notwithstanding any

provision to the contrary in any law for the time being in force, save and

except what is specifically provided in General or Special Conditions of

Contract.

The reimbursement (as per this Sub-clause) of whatsoever nature shall be

provided only for Permanent Works. No reimbursement (as per this Sub-

clause) shall be provided for Temporary Works and fuel.

11.1.2 The Contract Price shall not be adjusted to take into account any increase

or decrease in cost resulting from any change in taxes, duties, levies from

the last date of submission of the Tender to the completion date including

the date of the extended period of Contract unless a contrary provision

exists in Special Conditions of Contract.

Advance Payments

11.2

Mobilisation Advance

11.2.1 If requested by Contractor in writing, Engineer will make an interest bearing advance payment not exceeding 10% of the contract price (in two equal installments) to Contractor exclusively for mobilization for works. The first installment of such advance shall be released by Engineer to the Contractor on a written request after signing of agreement and after mobilization has started. The second installment shall be released by Engineer only after the contractor furnishes the proof of the satisfactory utilization of the earlier installment to the entire satisfaction of Employer/Engineer. All withdrawals under mobilization advance should be affected before the gross value of work done reaches 40% of contract amount or with in four month from the date of commencement of contract whichever is earlier.

The contractor shall submit a bank guarantee in the prescribed format from a scheduled bank for the full amount of mobilization advance before such advance is released.

In case of mobilisation advance, the Contractor, once the 50% of mobilisation advance has been recovered, shall have a onetime option to reduce the Bank Guarantee for the mobilisation advance by the amount recovered.

Provided always that provision of this clause shall be applicable only when so provided for in Appendix to Tender.




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Advance against Plant and Machinery

11.2.2 An interest bearing advance for plant, machinery & shuttering material

required for the work and brought to site by the Contractor may be given

if requested by Contractor in writing within one month of bringing such

plant and machinery to site. Such advance will be given on such plant &

machinery, which in the opinion of Engineer will add to the expeditious

execution of work and improve the quality of work. The amount of advance

shall be restricted to 5% of the contract price. In case of new plant &

equipment to be purchased for the work, the advance shall be restricted

to 90% of the price of such new plant and equipment paid by the

contractor for which the contractor shall produce evidence satisfactory to

DIMTS. In the case of second hand and used plants and equipment, the

amount of such advance shall be limited to 50% of the depreciated value

of plant and equipment as may be decided by DIMTS.

The contractor shall, if so required by DIMTS, submit the statement of value of such old plant and equipment duly approved by a Registered Valuer recognized by the Central Board of Direct Taxes under the Income-Tax Act, 1961. No such advance shall be paid on any plant and equipment of perishable nature and on any plant and equipment of a value less than Rs. 50,000/- . Seventy five per cent of such amount of advance shall be paid after the plant & equipment is brought to site and balance twenty five percent on successfully commissioning the same.

Such advance shall be released for release only against equipment owned

by the Contractor. No advance shall be released against any

equipment/machinery taken on lease/hire.

This advance shall further be subject to the condition that such plant and

equipment (a) are considered by Engineer to be necessary for the works;

(b) and are in working order and are maintained in working order; before

the payment of advance is released. The contractor shall not be

permitted to remove from the site such plant and equipment without the

prior written permission of Engineer. The contractor shall be responsible

for maintaining such plant and equipment in good working order failing

which such advance shall be entirely recovered in lump sum. For this

purpose, steel scaffolding and form work shall be treated as plant and

equipment.

The contractor shall insure the Plant and Machinery for which mobilization

advance is sought and given, for a sum sufficient to provide for their

replacement at site.

All withdrawals under mobilization advance should be affected before the gross value of work done reaches 40% of contract amount or within four




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months from the date of commencement of contract whichever is earlier.

The contractor shall submit a bank guarantee in the prescribed format

from a scheduled bank for the full amount of advance before such

advance is released.

Provided always that provision of this clause shall be applicable only

when so provided for in Appendix to Tender.

Interest & Recovery

11.2.3 The mobilization advance and plant & machinery advance in clauses

11.2.1 & 11.2.2 above bear simple interest at the rate of 10 per cent per

annum and shall be calculated from the date of payment to the date of

recovery, both days inclusive, on the outstanding amount of advance.

Recovery of such sums advanced shall be made by deduction from the

contractors bills commencing after first 20% per cent of the gross value of

the work is executed and shall be recovered at the rate of 25% of gross

value of interim payments in such a way that the entire advance is

recovered by the time eighty per cent of the gross value of the contract is

executed and paid, together with interest due on the entire outstanding

amount up to the date of recovery of the installment or by the original date

of completion, whichever is earlier..

The bank guarantees for advances shall be made for the full amount and

valid for the contract period, and be kept renewed from time to time to

cover the balance amount and likely period of complete recovery together

with interest.

The Contractor shall always have the option to have the recoveries

commenced and / or completed earlier, and / or to have recoveries

affected in installments of higher amount and also to repay part or whole

of the advance by direct payment rather than through On-account Bills.

Advance Against Material Brought to site

11.2.4 Advance on account of main non-perishable construction materials

required for the Permanent Works, shall be paid on request of the

Contractor after these materials are brought to Site and after an Indemnity

Bond in a form acceptable to Employer is duly executed by the Contractor.

The advance shall be limited to 80% of the actual value or assessed value

of these materials and the total advance on account of construction

materials at a time shall be limited to 5% percent of original Contract

Value or likely average consumption of such materials for three months,

whichever is less and at any time the total outstanding advance against

material at Site shall not exceed 5% percent of the original Contract Value.




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The valuation of the average consumption of such main construction

materials shall be approved by the Engineer,, whose decision shall be

final.

Such advance shall also be payable on other items of perishable nature,

fragile and combustible with the approval of Engineer provided the

contractor provides a comprehensive insurance cover for the full cost of

such materials. The decision of Engineer shall be final and binding on

the contractor in this matter. No secured advance, shall however, be

paid on high-risk materials such as ordinary glass, sand, petrol, diesel etc.

In case of advance against Materials, the amount consumed every month

shall be recovered from the next month on account bill.

Written Request for Advances

11.2.5 Advances as admissible, shall be payable only on Contractor‘s written

request to the Employer.

Advances to be Used only for this Work.

11.2.6 The advances shall be used by the Contractor strictly for the purpose of

the Contract, and for the purpose for which they are paid. Under no

circumstances, shall the advances be diverted for other purposes. Any

such diversion shall be construed as a breach of the Contract and the

Contractor shall be asked to return the advance at once and pay interest

at 15% per annum till the advance is recovered back from him. The

Contractor shall return the advance and pay the interest in one go without

demur.

Employer retains the right for any other remedy prescribed for breach of

Contract in this regard.

The Contractor, if required by the Engineer shall provide the details of

Mobilization advance expended or to be expended.

Application for Interim Payment Certificates

11.3 The fixed Lump Sum Price shall be apportioned by the Contractor

amongst the various Cost Centres. The amount thus apportioned under

each Cost Centre will be further apportioned amongst various Milestones

with the approval of the Employer. The Contractor shall be entitled to

submit to the Engineer requests for interim payments only upon the

achievement of one or more of the Milestones described in the Cost

Centre.

At the beginning of each month, the Engineer shall issue to the Contractor

certificate in respect of each Milestone due to be achieved in the

preceding month stating:




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(a) the date on which the Milestone was achieved; or

(b) the non-achievement of the Milestone.

The Contractor shall submit a statement in six copies to the Engineer at

the beginning of each month, in a form approved by the Engineer,

showing the amounts to which the Contractor is entitled, together with

supporting documents, including Milestone Certificates. The statement

shall include the following items, as applicable, which shall be expressed

in the various currencies in which the Contract Price is payable, in the

sequence listed:

(a) the amount due in respect of Milestones certified achieved by the

Engineer under each Cost Centre;

(b) any amounts to be added and deducted for the advance

payments and recovery thereof;

c) any other additions or deductions is due and approved by the

Engineer in accordance with the Contract; and

(d) the deduction of the amounts certified in all previous Interim

Payment Certificates.

The Contractor shall not submit more than one request for interim

payment per month.

If any Milestone is not achieved by the end of the month in which it is

scheduled to be achieved, the Engineer shall suspend the payment

relating to the Cost Centre in which the Milestone is included.

Payments suspended under this Clause shall be resumed by being included in the next application for interim payment made after the Milestone is achieved.

Issue of Interim Payment Certificates

11.4 No amount will be certified or paid until the Employer has received, and

approved, the Performance security and the parent Company

Undertakings and Guarantees in accordance with Sub-Clause 4.2.

Thereafter, the Engineer shall, within 21 days of receiving a statement and

supporting documents, deliver to the Employer, with a copy to the

Contractor, an Interim Payment Certificate showing the amount which the

Engineer considers to be due; if no payment is considered to be due, the

Engineer shall promptly notify the Contractor accordingly.

Where only a part of the payment applied for is disputed, payment certificate shall be issued for the undisputed amount.




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The Engineer shall have the power to omit from any of the contractor‘s

requests for payment the value of any work executed or Materials supplied

or services rendered, with which he may for the time being be dissatisfied

and for that purpose and for any other reason which to him may seem

proper, may delete, correct or modify the sum(s) previously certified by

him as being due to the Contractor.

Payment- Interim and Final

11.5 Unless otherwise stated in Special Conditions of Contract,

(a) Efforts shall be made to release 100 % of the certified payment with in shortest possible time, however, after preliminary scrutiny and certification by the Engineer, payment of 80% of the certified interim amount shall be made by the Employer within 14 days after submission of interim bill by the contractor. The amount certified shall account for all deductions, including statutory deductions, recoveries for advances and any amounts due from the Contractor. The balance 20% shall be paid within 28 days, from the date of the preliminary certification of the bill by the Engineer.

(b) Next 80% interim payment shall be made only after 100% payment of preceding interim payment certified has been completed.

(c) the Employer shall pay the amount certified in the Final Payment Certificate within 56 days from the date of issue of the Certificate.

Payments shall be made into a bank account, nominated by the

Contractor in Indian rupees in a bank in India unless otherwise permitted

in Special Conditions of Contract. If payments are to be made in more

than one currency, separate bank accounts may be nominated by the

Contractor for each currency, and payments shall be made by the

Employer accordingly.

Statement at Completion

11.6 Not later than 60 days after the issue of the Taking Over Certificate for the

whole of Works, the Contractor shall submit, to the Engineer, six copies of

a statement at completion with supporting documents, showing in detail, in

the form approved by the Engineer under Sub-Clause 11.3:

(a) the final value of all work done in accordance with the Contract,

up to the date stated in such Taking Over Certificate,

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

(c) an estimate of amounts which the Contractor considers will

become due to him under the Contract.

The estimated amounts shall be shown separately in such statement at

completion. The Engineer shall certify payment under Sub-Clause 11.4.




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Application for Final Payment Certificate

11.7 Not later than 56 days after the issue of the Performance Certificate, the

Contractor shall submit to the Engineer six copies 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 disagrees with or cannot verify any part of the draft final

statement, the Contractor shall submit such further information as the

Engineer may reasonably require and shall make changes in the draft as

may be agreed between them. The Contractor shall then prepare and

submit to the Engineer the Final Statement as agreed.

If, following discussions between the Engineer and the Contractor and any

changes to the draft final statement which may be agreed between them,

it becomes evident that a dispute exists, the Employer shall pay those

parts of the draft final statement as certified by the Engineer as not being

in dispute. The remainder of the dispute may then be resolved under

Clause 17, in which case the Contractor shall then prepare and submit to

the Engineer a Final Statement in accordance with the outcome of the

dispute.

Discharge 11.8 When submitting the final statement, the Contractor shall submit a written

discharge which confirms that the total of the Final Statement represents

full and final settlement of all monies due to the Contractor under the

Contract. Such discharge may state that it shall become effective only

after payment due under the Final Payment Certificate has been made

and the Performance security referred to in Sub-Clause 4.2 has been

returned to the Contractor.

Issue of Final Payment Certificate

11.9 The Engineer shall issue to the Employer, with a copy to the Contractor,

the Final Payment Certificate within 28 days after receiving the Final

Statement and written discharge in accordance with Sub-Clause 11.7 and

11.8, stating:

(a) the amount which is finally due, and

(b) after giving credit to the Employer for all amounts previously paid by the Employer and for all sums to which the Employer is entitled, the balance, if any, due from the Employer to the Contractor or from the Contractor to the Employer, as the case may be.




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If the Contractor has not applied for a Final Payment Certificate in

accordance with Sub-Clauses 11.7 and 11.8, the Engineer shall request

the Contractor to do so. If the Contractor fails to make such an application

within a period of 28 days, the Engineer shall issue the Final Payment

Certificate for such amount as he considers to be due.

Cessation of

4.2 Empl

oyer's

Liability

11.10 In respect of any matter or thing arising out of (or in connection with) the contract or execution of the Works before the issue of the Taking Over Certificate for the whole of the Works, the Employer shall not be liable to the Contractor unless the Contractor shall have included a claim for it in his Statement at Completion described in Sub-Clause 11.6. For any such matter or thing arising after the issue of the Taking Over Certificate for the whole of the Works, the Employer shall not be liable to the Contractor unless the Contractor shall have included a claim for it in his Final Statement.

Calculation of Payments in Foreign Currency

11.11 All payments made by the Employer pursuant to the terms of the Contract

shall be in Indian Currency.

Round off 11.12 In every payment to the Contractor, sums of less than fifty paise shall be

omitted and sums of fifty paise and more up to one rupee shall be

reckoned as one rupee.

Payment By Cheque and E-Payment

11.13 All payments to the Contractor will be made by cheque and ―E-Payment‖

as desired by the Employer.

Tax Deduction at Source

11.14 Tax deductions will be made at source as per statutory requirement from

every payment made to the Contractor at rates notified from time to time.

Production of Vouchers

11.15 i. The Contractor shall, whenever required by the Engineer, produce or cause to be produced for examination by the Engineer, any quotation, invoice, cost or other account books, vouchers, receipts, letters, memoranda or any copy of or extract from any such documents and also furnish information and returns, as may be required, relating to the execution of this Contract or relevant for verifying or ascertaining the cost of execution of this Contract or ascertaining the Materials supplied by the Contractor are in accordance with the Specifications laid down in the Contract. The Engineer‘s decision on the question of relevancy of any documents, information or returns shall be final and binding on the parties.

ii. If any part or item of the work is allowed to be carried out by a sub-




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Contractor, assignee or any subsidiary or allied firm, the Engineer shall have power to secure the books of such sub-Contractor, assignee or any subsidiary or allied firm through the Contractor, and shall have power to examine and inspect the same. The above obligations are without prejudice to the obligations of the Contractor under any statute, rules or orders.

Withholding And Lien For Sums Claimed

11.16 i. The Employer shall have lien over all or any moneys that may become due and payable to the Contractor under the Contract, and / or over the deposit of Performance Security or other amount or amounts made under the Contract and which may become payable to the Contractor

ii. And further, unless the Contractor pays and clears immediately on

demand any claim of the Employer, the Employer shall at all times be entitled to deduct the amount of the said claim from the moneys, securities and / or deposits which may have become or will become payable to the Contractor under these presents, or under any other Contract or transaction whatsoever between the Employer and the Contractor even if the matter stands referred to Arbitration. The Contractor shall have no claim for any interest or damage whatsoever in respect of any amounts withheld or treated as withheld under the lien referred to above and duly notified as such to the Contractor.

Signature On Receipts For Payments

11.17 Every receipt of payment to Contractor including refund of the Performance Security shall be signed by the person authorized to do so on his behalf. In the event of death of any of the Contractor‘s partners in case the Contractor is a partnership firm, during the currency of the Contract, it is hereby expressly agreed that every receipt by any one of surviving Contractor‘s partners, shall, if so signed as aforesaid, be a good and sufficient discharge as aforesaid, provided that nothing in this Clause shall be deemed to prejudice or affect any claim, which the Employer may hereafter have against the legal representatives of any Contractor‘s partner so dying, for or in respect of breach of any of the conditions of the Contract. Provided also that nothing contained in this clause shall be deemed to prejudice or affect the respective rights and obligations of the Contractor‘s partners, or of the legal heirs / representatives of any deceased Contractor / partner interse.

Post Payment Audit

11.18 It is an agreed term of the Contract, that the Employer reserves to himself the right to carry out a post payment audit and / or technical examination of the Works, and the Final bill including all supporting vouchers, abstracts, etc., and to make a claim on the Contractor for the refund of any excess amount paid to him, if as a result of such examination, any over-payment to him is discovered to have been made in respect of any work done or alleged to have been done by the Contractor, under the Contract. If any under-payment is discovered, the same shall be paid by the Employer to the Contractor. Such payments or recoveries, however, shall not carry any interest.




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Recovery of money due to the Employer

11.19 4.2.1 All damages (including, without limitation, liquidated damages),

costs, charges, expenses, debts, or sums for which the Contractor is liable

to the Employer under any provision of the Contract may be deducted by

the Employer from monies due to the Contractor under the Contract

including, without limitation, and the Employer shall have the power to

recover any balance not so deducted from monies due to the Contractor

under any other contract between the Employer and the Contractor.

When the Contractor has assigned to a third party the right to receive monies due, or, to become due, under the Contract to the Contractor or charged such monies in favour of a third party, the Employer's right to deduct damages (including without limitation liquidated damages), costs, charges, expenses, debts or sums for which the Contractor is liable to the Employer from monies due to the Contractor under the Contract shall be limited to the right expressed above.

12 Variations

Right to Vary

12.1 All Variations shall be recorded in a written instruction from the Engineer

either as a Contractor's Variation or as an Employer's Variation, and shall

not be implemented by the Contractor without such an instruction in

writing from the Engineer. No Variation shall in any way vitiate or

invalidate the Contract. The Contractor shall not make any alteration

and/or modification of the Works, unless and until the Engineer instructs or

gives consent to a Variation. If the Construction and/or Manufacture

Documents or Works are not in accordance with the Contract, the

rectification shall not constitute a Variation.

Contractor’s

Variations

12.2 Value Engineering or Innovation

Value

Engineering

Proposals

12.2.1 The Contractor may submit to the Employer, in writing at its own cost,

value engineering proposals for modifying the Employer‘s Requirements,

provision of additional land, access or feasibility over and above that is

provided in the Contract for the purpose of saving in time, construction or

manufacture costs. The value engineering proposal shall not impair the

essential character, functions or characteristics or the Work, including

service life, economy of operation, ease of maintenance, desired

appearance, or design and safety standards.

The Contractor shall provide his value engineering proposal in a time limit

prescribed by the Engineer. The Engineer‘s decision in this regard shall be

communicated to the Contractor within a reasonable period of time. If by

any reason the time limit specified by the Engineer is exceeded, the




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proposal may not be considered.

The decision of the Engineer in this regard shall be final and binding.

Value

Engineering

Proposals –

Contents

12.2.2

If the Employer requires or accepts it, and if the Contractor wants to

proceed with the proposal, the Contractor must provide (at no cost to the

Employer) a detailed report prepared by a consultant acceptable to the

Employer and which shall include:

a. a general description of the original Contract requirements for the

Works and the proposed changes

b. an detail of all the proposed modifications to the drawings and

specifications

c. an detail of all Work and goods affected by the value engineering

proposal

d. a detailed estimate of the construction cost based on the original

Contract requirements and based on the proposed changes

e. any resultant time extensions or reductions for the Contract

f. statement to the extent of minimum saving expected. The

Contractor‘s cost of preparing value engineering proposal shall be

excluded in determining the estimated net savings in construction

costs.

Value

Engineering

Proposals-

Employer

Review

12.2.3

The Employer may in his sole discretion, accept or reject the value engineering proposal or any part thereof and determine the estimated net saving in the construction cost. The Employer shall not be liable for delays or damages to the Contractor due to any failure of the Employer to accept or act upon any value engineering proposal submitted pursuant to this Clause. If the submitted value engineering proposal is similar to a change / variation already under consideration by the Employer, the Employer may make such changes without respect to the value engineering proposal.

Once, the Employer or the Engineer rejects the value engineering during

proposition due to any reason, it shall not be pursued by Contractor in any

other form.

Amendments

- Employer

Issuance

12.2.4 If the value engineering proposal is acceptable to the Employer in whole or in parts, it will accept by execution of an amendment. Such amendment shall identify all the changes in the specifications, Contract Period etc, shall specify net savings on construction costs and shall provide that the Contractor be paid 20% of saved net savings amount based on the difference between the amount contained in the Contract and the estimated net savings both as determined by the Employer.

Contractor’s

Acceptance

12.2.5 The Contractor shall either accept or reject any proposed amendment executed by the Engineer pursuant to this section within 5 working days of its receipt date from the Employer. If the Contractor does not reject the




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and Payment same in the period stipulated above, the amendments shall be deemed to be accepted by the Contractor and shall become a variation to the Contract. The Contractor‘s acceptance shall be unconditional and compensation of 20% of the value shall constitute the full compensation. The Contractor will be paid this 20% or less but not more at the time of final payment on Engineer‘s certification that the net savings as intended by value engineering have been achieved.

Employer’s

Variations

12.3 If the Engineer requests a proposal, prior to instructing a Variation, the Contractor shall submit at his own cost within 14 days or such period as the Engineer may allow of the receipt of such request of the Engineer

a

b

c

a description of the proposed design and/or work to be performed and

a programme for its execution,

the Contractor‘s proposal for any necessary modifications to the programme according to Sub-Clause 4. 13, and

the Contractor's proposal for adjustment to the Contract Price, Time

for Completion and/or modifications to the Contract.

Variation

Procedure

12.4 The Engineer shall, as soon as practicable after receipt of proposals under

sub-clauses 12.2 and / or 12.3, respond with approval, rejection or

comments.

If the Engineer instructs or approves a Variation, he shall proceed in

accordance with Sub-Clause 3.5 to agree or determine adjustments to the

Contract Price, Time for Completion and Schedule of Payments.

After receipt of proposal, it will be the prerogative of the Employer,

whether to Instruct and proceed ahead with the variation or drop the

proposal in part or full. In that case, no cost of preparing and submitting

the proposal will be payable to Contractor. In case, the design part of

variation has been completed on submission of same to the Engineer, the

Employer decides to abandon the variation, only cost for design to the

extent of work done will be paid to the Contractor.

Payment in

Applicable

Currencies

12.5 If the Contract provides for payment of the Contract Price in more than

one currency, and an adjustment is agreed or fixed as stated above,

the amount payable in each of the applicable currencies shall be specified

when the adjustment is agreed or fixed. In specifying the amount in each

currency, the Contractor and the Engineer (or, failing agreement, the

Engineer) shall take account of the actual or expected currency

proportions of the Cost of the varied work, without being bound by the

proportions of various currencies specified for payment of the Contract




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Price.

13.0 Termination of the Contract

Notice to

Contractor

13.1 If the Contractor fails to carry out any of his obligations, or if the Contractor

is not executing the Works in accordance with the Contract, the Engineer

may give notice to the Contractor requiring him to make good such failure

and remedy the same within such time as the Employer / Engineer may

deem to be reasonable.

Termination

Of Contract

Due To

Contractor’s

Default

13.2

Conditions

Leading To

termination

Of Contract

13.2.1 The Employer shall be entitled to terminate the Contract if the Contractor

or any one of its constituents,

a) fails to comply with a notice under Sub clause 13.1 b) abandons or repudiates the Contract c) without reasonable excuse acceptable to the Engineer fails to

commence the Works in accordance with the Contract d) sub contracts the whole of the Works or assigns the Contract without

approval of the Employer e) becomes bankrupt or insolvent or goes into liquidation except

voluntary liquidation for the purpose of amalgamation or reconstruction

f) persistently disregards instructions of the Engineer or contravenes any provisions of the Contract, or

g) fails to adhere to the agreed programme of work by margin of 10% of the stipulated period or 21 days, whichever is earlier, or fails to complete the Works or parts of the Works within the stipulated or extended period of completion, or is unlikely to complete the whole Work or part thereof within time because of poor record of progress; or

h) fails to remove materials from the Site, or pull down and replace work, after receiving notice from the Engineer to the effect that the said materials or Works have been condemned or rejected, or

i) fails to take steps to employ competent and/or additional staff and labour, or

j) fails to afford the Engineer or his representative proper facilities for inspecting the Works or any part thereof, or

k) indulges in corrupt or fraudulent practices as explained in Clause 4.33 (a) (ii)

In any one these events or circumstances, the Employer may upon giving




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14 days notice to the Contractor, terminate the Contract and expel the

Contractor from the Site. However, in case of sub-paragraph (e) or (i), the

Employer may by notice terminate the Contract immediately.

The Employer‘s election to terminate the Contract shall not prejudice any

other rights of the Employer under the Contract.

After termination, the Employer may complete the works and/ arrange for

any other entities to do so at the risk and cost of the Contractor. The

Employer and his entities may then use, the roads, the Contractor‘s

documents and his design document made by or on behalf of the

Contractor.

On termination of Contract due to Contractor‘s default, the Employer shall

be entitled to

a. forfeit the whole or such portion of the Performance Security amount as he may consider fit, and

b. recover from the Contractor the cost of carrying out the balance work in excess of the sum which he would have been paid according to the certificate of the Engineer, if the works had been carried out and completed by the Contractor under the terms of Contract. Such certificate shall be final and binding upon the Contractor. The amount to be recovered may be deducted by the Employer from any monies then due or which, at any time thereafter, may become due to the Contractor alone or jointly under this or any other Contract or otherwise.

For the purpose of this clause, a reasonable excuse shall be one,

which in the opinion of the Engineer has resulted from,

Circumstance which - is beyond the employer's or contractor's control and - made the failure unavoidable and

It is evidenced by the Contractor to the satisfaction of the Engineer that the failure was remedied without unreasonable delay once that obstacle was out of the way.

Valuation at

the date of

Termination

13.2.2 The Engineer shall, as soon as possible after termination under Sub-

Clause 13.2.1, determine and advise the Contractor of the value of the

Construction and/or Manufacture Documents, Plant, Materials,

Contractor's Equipment and works and all sums then due to the Contractor

as at the date of termination.

Payment

after

Termination

13.2.3 After termination under Sub-Clause 13.2.1, the Employer shall not be

liable to make any further payments to the Contractor until the costs of

design, manufacture, execution, completion and remedying of any defects,

damages for delay in completion (if any), and all other costs incurred by




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the Employer, have been established.

The Employer shall be entitled to recover from the Contractor the extra

costs, if any, of completing the Works after allowing for any sum due to the

Contractor under Sub-Clause 13.2.2. If there are no such extra costs, the

Employer shall pay any balance to the Contractor.

Non-exercise

of power not

to constitute

waiver

13.2.4 Provided always that in case any of the powers conferred upon the

Employer by Sub-clause 13.1 and Sub-clause 13.2.1 above, shall have

become exercisable, and the same may not have been exercised, the

non-exercise thereof shall not constitute waiver of any of the conditions

thereof.

Default of

Employer

13.3.1 In the event of the Employer:

a. failing to pay the Contractor, without reasonable cause, the amount due under any certificate of the Engineer within 56 days after the expiry of the time stated in Sub-Clause 11.5 within which payment has to be made, subject to any deduction that the Employer is entitled to make under the Contract, or

b. becoming bankrupt or, being a company, going into liquidation, other than for the purpose of a scheme of reconstruction or amalgamation,

then, the Contractor may give notice requiring the Employer to remedy

the default within 28 days after receipt of the notice. If the Employer fails

to remedy the default or fails to propose steps reasonably acceptable to

the Contractor to do so and in that case, the Contractor may terminate the

Contract after issue of 14 days notice to the Employer with a copy to the

Engineer. In this case, the Contractor shall be compensated as per Sub

clause no. 13.3.4.

The Engineer‘s decision on the amount payable on this account shall be

final and binding.

Contractor’s

Entitlement

to Suspend

the Work

13.3.2 The Contractor may, if the Employer fails to pay the Contractor the amount due under any certificate of the Engineer within 56 days after the expiry of the time stated in Sub-Clause 11.5, within which payment is to be made, subject to any deduction that the Employer is entitled to make under the Contract, after giving 28 days‘ prior notice to the Employer, with a copy to the Engineer, suspend work or reduce the rate of work. If the Contractor suspends work or reduces the rate of work in accordance

with the provisions of this Sub-Clause and thereby suffers delay or incurs

costs the Engineer shall, after due consultation with the Employer and the




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Contractor, determine:

a. any extension of time to which the Contractor is entitled under sub-clause-8.4, and

b. the amount of such costs, which shall be added to the Contract Price, and shall notify the Contractor accordingly, with a copy to the Employer.

Cessation of

Work by

Contractor

13.3.3 After termination under Sub-13.3, the Contractor shall:

a. cease all further work, except for such work as may be necessary and instructed by the Engineer for the purpose of making safe or protecting those parts of the Works already executed, and any Work required to leave the Site in a clean and safe condition,

b. hand over all Construction and/or Manufacture Documents, Plant and Materials for which the Contractor has received payment,

c. hand over those parts of other Works executed by the Contractor up to the date of termination, and

d. remove all Contractor's Equipment which is on the Site and repatriate all his staff and labour from the Site.

Any such termination shall be without prejudice to any other right of the

Contractor under the Contract.

Payment on

Termination

13.3.4 After termination under Sub-Clause 13.3.1 the Employer shall return the

Performance security, and shall pay the Contractor an amount calculated

and certified in accordance with the following conditions :

a. The value of approved materials actually brought to the site and reasonably required to execute the works during next three months , as per approved programme, and

b. value of work completed up to date by the contractor at rates specified in the Contract, after taking into account any deductions, retentions , setoff.

The payment as above are full compensation for termination under this clause and the Contractor has no claim for damages or other entitlements whether under the contract or otherwise.

13.3.5 In case of termination/ foreclosure of the Contract under whatsoever

circumstances, any remaining tools, plants, equipments and surplus

materials of Employer with contractor will be returned to the Employer at

Employer‘s depot at Contractor‘s cost. In case of the failure of the

contractor to do so, the Employer will be entitled to recover their cost from

the contractor from the amount becoming due to the contractor or from

any other money due in any other contracts. The decision of the Engineer

of the amount to be recovered will be final decision and full credit at rates

initially charged to the contractor shall be allowed for such materials.




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Similarly the Employer shall be entitled to recover the cost of the

unreturned material, plant equipment and tools from the contractor where

such material have been supplied free of cost and plant, equipment and

tools free of cost or on lease basis to the contractor as stipulated in the

Conditions of Contract.

14 Risk and Responsibility

Indemnity 14.1 The Contractor shall indemnify and hold harmless the Employer, the

Engineer, representatives and employees from and against all actions,

suits, proceedings, claims, damages, losses, expenses and demands of

every nature and description, by reasons of any act or omissions of the

Contractor, his representative or his employees in the execution of the

Works, including professional services provided by the Contractor or in the

guarding the same.

These indemnification obligations shall include but not be limited to claims,

damages, losses, damage proceedings, charges and expenses which are

attributable to:

(a) sickness, or disease, or death of, or injury to any person; and

(b) loss of, or damage to, or destruction of any property (other than the

Works) including consequential loss of use; and loss, damage or costs

arising from the carriage of Plant and Materials and/or

(c) ownership or chartering of marine vessels by the Contractor, or any

sub-contractor of any tier.

The Contractor shall also indemnify and save harmless the Employer from

and against all claims and proceedings on account of infringements of

patents rights, design, trademark name etc as detailed out in clause 5.8.

All sums payable by way of compensation under these conditions shall be

considered reasonable compensation payable to the Employer, without

reference to the actual loss or damage sustained, and whether or not any

damage shall have been sustained. The decision of the Engineer as to

compensation claimed shall be final and binding.

Contractor’s

Care of the

Works

14.2

The Contractor shall take full responsibility for the care of the Works, or

any part thereof, including full responsibility for the care of any work being

manufactured, or stored off-Site for inclusion in the Works, or in the course

of transportation to the Site, and for the care of Contractor's Equipment,

Temporary Works, Plant and any other Material, whatsoever, on the Site

or delivered to or placed on the Site in connection with, or for the purpose




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of the Works.

The Contractor shall take this responsibility from the Commencement Date

until the date of issue of the Taking Over Certificate, when responsibility

shall pass to the Employer. If the Engineer issues a Taking Over

Certificate for any Section or part of the Works, the Contractor shall cease

to be responsible for the care of that Section or part from the date of issue

of such Taking Over Certificate when responsibility shall pass to the

Employer.

The Contractor shall take responsibility for the care of any outstanding

work which is required to be completed prior to the expiry of the Contract

Period, until the Engineer confirms in writing that such outstanding work

has been completed.

If any loss or damage happens to the Works, any other property or person,

arising from any cause other than the Employer's risks listed in Sub-

Clause 14.3, during the period for which the Contractor is responsible, the

Contractor shall rectify such loss or damage, at his cost, so that the Works

conform with the Contract or at the option of the Employer, will pay or

allow to the Employer the cost of rectifying such loss or damage.

Notwithstanding such loss or damage, the Contractor shall proceed with

the execution of works in all respects in accordance with the contract and

the Engineer's instructions. The Contractor shall also be liable for any loss

or damage to the Works caused by any operations carried out by the

Contractor after the date of issue of the Taking Over Certificate.

Employer’s

Risks

14.3 The Employer's risks of loss or damage to physical property in India and

of death and personal injury occurring in India in consequence of the

performance of obligations under the Contract are:

(a) war, hostilities (whether war be declared or not), invasion, act of

foreign enemies,

(b) rebellion, revolution, insurrection, or military or usurped power, or civil

war, within India,

(c) riot, commotion or disorder by persons unless solely restricted to or

caused by employees of Contractor or of sub-contractors currently or

formerly engaged in the Works,

(d) Ionising radiations, or contamination by radio-activity from any nuclear

fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-

active toxic explosive, or other hazardous properties of any explosive

nuclear assembly or nuclear component of such an assembly, except to




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the extent to which the Contractor may be responsible for the use of any

radio-active material,

(e) pressure waves caused by aircraft or other aerial devices travelling at

sonic or supersonic speeds, and

(f) use or occupation by the Employer of any part of the Works, except as

may be specified in the Contract.

Consequences

of Employer’s

Risks

14.4 If an Employer's risk results in loss or damage, the Contractor shall

promptly notify the Engineer and shall rectify this loss or damage to the

extent required by the Engineer.

If the Contractor suffers delay and/or incurs cost from rectifying this loss or

damage, the Contractor shall give notice to the Engineer and shall be

entitled to claim:

(a)

(b)

extension of time for any such delay, if completion is or will be

delayed, under Sub-Clause 8.4, and

amount of such cost, which shall be included in the Contract Price.

Contractor’s

Risks

14.5 The Contractor's risks are all risks other than the Employer's risks given in

sub- clause14.3.

Limitation of

Liability

14.6 Except as provided otherwise in these Conditions, neither party shall be

liable to the other party for loss of use of any Works, loss of profit, loss of

any Contract or any other indirect or consequential loss or damage which

may be suffered by the other party in connection with the Contract. The

total liability of the Contractor to the Employer under the Contract shall not

exceed the Contract Price. Except that this Sub-Clause shall not limit the

liability of the Contractor:

(a)

(b)

(c)

(d)

under Sub-Clauses 4.18, 4.19, 5.7, 8.6, and Clauses 7.9 and 7.10

under any other provisions of the Contract which expressly impose a

greater liability,

in cases of fraud, wilful misconduct or illegal or unlawful acts, or

in cases of acts or omissions of the Contractor which are contrary to

the most elementary rules of diligence which a conscientious

Contractor would have followed in similar circumstances.

15 Insurance

Insurance for 15.1 The Contractor shall effect and maintain professional indemnity insurance

for the amount in Indian Rupees stipulated in Appendix to the Form of




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Design Tender in respect of any design of the Works to be carried out by, or on

behalf of the Contractor. This insurance, which shall ensure the

Contractor‘s liability by reason of professional negligence and errors in the

design of the works, shall be valid from the date of commencement of

Works, until 5 years after the date of issue of Performance Certificate.

The Engineer will not issue Final Payment Certificate until the Contractor

has produced evidence that coverage of the professional indemnity

insurance has been provided for the aforesaid period.

Insurance for

Works and

Contractor’s

Equipment

15.2

The Contractor shall insure the Plants, Materials and Works in the joint

names of the Employer, the Contractor and Sub-contractors (wherever

applicable) against all loss or damage. This insurance shall cover loss or

damage from any cause other than the Employer's risks listed in Sub-

Clause 14.3 sub paragraphs (a), (b), (d) and (e). Such insurance shall be

for a limit of not less than the full replacement cost (including profit) and

shall also cover the costs of demolition and removal of debris. Such

insurance shall be in such a manner that the Employer and the Contractor

are covered from the commencement date until the date of issue of the

Taking Over Certificate for the whole of Works. The Contractor shall

extend such insurance to provide cover until the date of issue of the

Performance Certificate, for loss or damage for which the Contractor is

liable arising from a cause occurring prior to the issue of the Taking Over

Certificate, and for loss or damage occasioned by the Contractor or Sub-

contractors in the course of any other operations (including Clauses 7.9,

7.10 and 10).

The Contractor shall insure the Contractor's Equipment against all risks in

the joint names of the Employer, the Contractor and Sub-contractors,

(wherever applicable) against all loss or damage. This insurance shall

cover loss or damage from any cause other than the Employer's risks

listed in Sub-Clause 14.3 sub-paragraphs (a), (b), (d) and (e). Such

insurance shall be for a limit of not less than the full replacement value

(including delivery to Site). Such insurance shall be in such a manner that

each item of equipment is insured while it is being transported to the Site

and throughout the period it is on or near the Site.

Insurance

against injury

to Persons

and Damage

to Property

15.3 The Contractor shall insure against liability to third parties in the joint

names of the Employer, the Contractor and Sub-contractors, (wherever

applicable) for any loss, damage, death or bodily injury which may

occur to any physical property ( except things insured under Sub-

Clause 15.2) or to any person (except persons insured under Sub-

Clause 15.4), which may arise out of the performance of the Contract and




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occurring before the issue of the Performance Certificate. Such insurance

shall be at least for the amount specified in the Appendix to Form of

Tender.

Insurance for

Workers

15.4 The Contractor shall effect and maintain insurance against losses and

claims arising from the death or injury to any person employed by the

Contractor or any Sub-contractor (wherever applicable) in such a manner

that the Employer and the Engineer are indemnified under the policy of

insurance. For Sub-contractor‘s employees (wherever applicable), such

insurance may be effected by the Sub-contractor, but the Contractor shall

be responsible for compliance with this Clause.

15.5 -deleted-

General

Requirements

for

Insurances

15.6 The Contractor shall, within the respective periods stated in the Appendix

to Form of Tender (calculated from the Commencement Date), submit to

the Employer:

(a)

(b)

evidence that the insurances described in this Clause have been

effected, with an Indian Insurance Company ,and

copies of the policies for the insurances described in Sub-Clause

15.2 and 15.3.

When each premium has been paid, the contractor shall submit copy of

receipts to the employer. The contractor shall also, when providing such

evidence, policies and receipts to the employer, notify the engineer of so

doing.

The contractor shall effect all insurances for which he is responsible with

insurers and in terms approved by the employer. Each policy insuring

against loss or damage shall provide for payments to be made in the

currencies required to rectify such loss or damage. Payments received

from insurers shall be used for the rectification of such loss or damage.

The contractor (and, if appropriate, the employer) shall comply with the

conditions stipulated in each of the insurance policies. The contractor shall

make no material alteration to the terms of any insurance without the prior

approval of the employer. If an insurer makes (or purports to make) any

such alteration, the contractor shall notify the employer immediately.

If the contractor fails to effect and keep in force any of the insurances

required under the contract, or fails to provide satisfactory evidence,

policies and receipts in accordance with this sub-clause, the employer




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may, without prejudice to any other right or remedy, effect insurance for

the coverage relevant to such default, and pay the premiums due. In such

cases the premium paid by the employer plus overheads (equal to 50% of

the premium paid) shall be recoverable from the contractor by the

employer, and may be deducted by the employer from any monies due, or

to become due, to the contractor or recover the same as debt due from

the contractor. The contractor shall not dispute the amount of premium

paid by the employer or the overhead charges thereon.

Nothing in this clause limits the obligations, liabilities or responsibilities of

the contractor or the employer, under the other terms of the contract or

otherwise. Any amount not insured or not recovered from the insurers

shall be borne by the contractor.

The Contractor shall submit to the Engineer, the details of all claims made

with the insurer and claims accepted by the insurer or any other details as

required by the Engineer on monthly basis.

16 Force Majeure

Definition of

Force

Majeure

16.1 In this Clause, "force majeure " means an event beyond the control of

the Employer and the Contractor, which makes it impossible or illegal for

a party to perform, including but not limited to:

(a)

(b)

(c)

(d)

(e)

act of God;

war, hostilities (whether war be declared or not), invasion, act

of foreign enemies, mobilisation, requisition, or embargo;

rebellion, revolution, insurrection, or military or usurped power,

or civil war;

contamination by radio-activity from any nuclear fuel, or from

any nuclear waste from the combustion of nuclear fuel, radio-

active toxic explosive, or other hazardous properties of any

explosive nuclear assembly or nuclear component of such an

assembly;

riot, commotion or disorder, unless solely restricted to

employees of the Contractor or of his Sub-contractors currently

or formerly engaged on the Works.

If a party considers that it may be affected by Force Majeure, the party

shall promptly notify the other party and Engineer of such Force Majeure

within 21 days of such occurrence. If neither party issues any notice

regarding the event within 21 days of its occurrence, the said event shall

be deemed not to have occurred and the Contract shall continue to have

effect as such.




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Effect of

Force

Majeure

Event

16.2 Neither the Employer nor the Contractor shall be considered in default or

in contractual breach to the extent that performance of obligations is

prevented by a Force Majeure event which arises after the date of

Notice to Proceed Upon the occurrence of such Force Majeure, the

affected party shall endeavour to continue to perform its obligations as

far as reasonably practicable.

Contractor’s

Responsibility

16.3 If affected by such Force Majeure, the Contractor shall promptly notify

the Engineer of any proposals for overcoming the consequences of the

Force Majeure, including any reasonable alternative means for

performance, but shall not carry out these proposals without the consent

of the Engineer.

Employer’s

Responsi-

bility

16.4 If affected by such Force Majeure, the Employer shall promptly notify the

Engineer and the Contractor of any proposals for overcoming the

consequences of the Force Majeure.

Payment to

Contractor

16.5 If the Works shall suffer loss or damage due to such Force Majeure, the

Contractor shall be entitled to have included, in an Interim Payment

Certificate, the Cost of work executed in accordance with the Contract.

Resumption

of Work

16.6

The obligations under the Contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist. In case of doubt or dispute, whether a particular occurrence should be considered an “event” as defined under this clause, the decision of the Engineer shall be final and binding. Works that have already been measured shall be paid for by the Employer even if the same is subsequently destroyed or damaged as a result of the event. The cost of rebuilding or replacing any work that has been measured shall be borne by the Employer.

Optional

Termination,

Payment and

Release

16.7 Irrespective of any extension of time, if a Force Majeure occurs and it‘s

effect continues for a period of 6 months, after notice has been given

under Sub-Clause 16.1, either party may give to the other party a notice

of termination the Contract which shall take effect in 28 days after the

notice is given. Unless at the end of 28 days period the effect of the

Force Majeure has ceased, the Contract shall terminate upon that date.

Otherwise, the Contract shall remain in effect.

The Contractor shall be paid fully for the work done under the Contract,

but not for any defective work or work done which has been destroyed

or damaged before its measurement. The Employer shall have the

option to take over any Plant, Rolling Stock and Materials lying at site, at

rates provided for in the Contract, failing that, as per rates, which are




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determined to be fair and reasonable by the Engineer.

Release from

Performance

under the

Law

16.8 If under the law of the Contract the Employer and the Contractor are

released from further performance, the sum payable by the Employer to

the Contractor shall be the same as would have been payable under

Sub-Clause 16.7, if the Contract had been terminated under that Sub-

Clause.

17 CLAIMS, DISPUTES, CONCILIATION AND ARBITRATION

Procedure

for Claims

17.1 Save where expressly stated to the contrary in this Agreement, any

dispute, difference or controversy of whatever nature between the

Contractor and Engineer/Employer, howsoever arising under, out of or in

relation to this Agreement (the "Dispute") shall in the first instance be

attempted to be resolved amicably in accordance with the procedure set

forth in clause 17.2 below.

The Contractor shall keep such contemporary records as may be

necessary to substantiate any claim, either on the Site or at any other

location acceptable to the Engineer.

17.2 If either party considers any action of other party to be outside the requirements of the contract, or disputes any drawings, record or decision given in writing on any matter in connection with or arising out of the contract or carrying out of the work, to be unacceptable, he shall promptly within 15 days refer the matter to the Managing Director & CEO, DIMTS or his nominee, for amicable settlement. Upon such reference, both the Parties shall meet at the earliest mutual convenience and in any event within fifteen (15) days of such reference to discuss and attempt to amicably resolve the Dispute. If the Dispute is not amicably settled within thirty (30) days of such meeting between the Parties, either Party may refer the Dispute to arbitration in accordance with the provisions of clause 17.5 below.

No legal

action till

Dispute

Settlement

Procedure is

Exhausted

17.3 Any and all Disputes shall be settled in accordance with the provisions

of Clause 17. No action at law concerning or arising out of any Dispute

shall be commenced unless and until all applicable Dispute resolution

procedures set out in Clause 17 shall have been finally exhausted in

relation to that Dispute or any Dispute out of which that Dispute shall

have arisen with which it may be or may have been connected.

Notice of

Dispute

17.4 For the purpose of Sub-Clause 17.5, a Dispute shall be deemed to arise

when one party serves on the other party a notice in writing (hereinafter

called a "Notice of Dispute") stating the nature of the Dispute provided

that no such notice shall be served later than 28 days after the date of

issue of Performance Certificate by the Engineer or the date of




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abandonment of the work or breach of contract under any of its clauses

or of the cancellation, termination or withdrawal of the work from the

contractor in whole or in part and/or revision or foreclosure of the

contract. If the claim pertains to rates or recoveries introduced in the

final bill, such notice is served within two months from the date of

payment of the final bill to the contractor.

Dispute

Resolution

17.5 Disputes which are not settled amicably as per provisions of clause 17.2 shall be settled through Arbitration procedures undertaken as provided by ―The Arbitration and Conciliation Act -1996‖ (as amended from time to time) and in accordance with this Clause.

17.6 -deleted-

17.7 -deleted-

17.8 -deleted-

Arbitration

Proceedings

17.9 The Arbitration proceedings shall be conducted by the Sole Arbitrator to

be appointed or nominated by the MD & CEO, DIMTS Ltd. The Party

invoking the arbitration clause shall give a notice of its intention to

proceed for the arbitration to MD & CEO, DIMTS Ltd., with copy to other

party, requesting for appointment of Arbitrator. Such notice shall provide

details for the claims along with the amount therefor and supporting

documents. If within 30 (thirty) days of receipt of such notice/intimation,

MD & CEO, DIMTS Ltd. fails to appoint arbitrator, the Party seeking

appointment of arbitrator may take further steps in accordance with

Arbitration Act.

Neither party shall be limited in the proceedings before such arbitrator to the evidence or arguments put before the Engineer for the purpose of obtaining his decision. No decision given by the Engineer in accordance with the foregoing provisions shall disqualify him from being called as a witness and giving evidence before the arbitrator/s on any matter, whatsoever, relevant to dispute or difference referred to arbitrator/s. The arbitration proceedings shall be held in Delhi only. The language of proceedings, that of documents and communication shall be English and the awards shall be made in writing. The arbitrators shall always give item-wise and reasoned awards in all cases where the value of total claims exceeds Rs.1.00 million. The award of the sole Arbitrator shall be binding on all parties.

Interest on

Arbitration

Award

17.10 4.2.2 Where the arbitral award is for the payment of money, no interest shall

be payable on whole or any part of the money for any period, till the date

on which the award is made.




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Cost of

Arbitration

17.11 4.2.3 Each of the Parties to this Agreement shall bear their own respective

costs for and during the Arbitration and shall not raise any claim in

respect thereof as against the other Party. The fees, if any, of the

arbitrator and other expenses incurred by Arbitrator shall be shared in

equal proportion by both the parties and shall be paid before the award

is made and published.

Jurisdiction

of Courts

17.12 Where recourse to a Court is to be made in respect of any matter, the court at Delhi/ New Delhi shall have the exclusive jurisdiction to try all disputes between the parties.

No

Suspension

of Work on

Account of

Arbitration

17.13 The reference to Arbitration shall proceed not withstanding that the Works shall not then be or be alleged to be complete, provided always that the obligations of the Employer, Engineer and the Contractor shall not be altered by reasons of arbitration being conducted during the progress of the Works. Neither party shall be entitled to suspend the work or part of the work to which the dispute relates on account of arbitration and payments to the Contractor shall continue to be made in terms of the Contract.

18 Service of Notices

Notice to

Contractor

18.1 a. All notices to the Contractor, shall be served by post or telex or telefax or by hand to the Contractor or his authorized representatives. In case of notices delivered by post, they will be deemed to have been delivered after 7 days of dispatch.

b. The Contractor shall, on award of the Contract, furnish to the Engineer, the name, designation, address and telephone, telex and telefax numbers and e-mail address of his representative referred to in Clause 4.3.

Notice to

Employer

and Engineer

18.2 All notices to the Employer or Engineer shall be served by post or telex

or telefax, or by delivering by hand to the address nominated for the

purpose.

Change of

Address

18.3 Parties to the Contract may change the nominated address by Employer

with a notice to all concerned.

Change in

Constitution of

Firm

18.4 The Contractor shall forth with notify the Employer of any change in

constitution of the firm.

Recovery of

Security

Deposit

(Retention

Money)-

19 The successful bidder (hereinafter called the contractor) shall permit Engineer/Employer, at the time of making any payment to him for work done under the contract, to retain/deduct a sum at the rate of 8% of the gross amount of each running bill till the sum retained/deposited reaches the 5% of the original contract value of the work. Such deductions will be




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made and held by Employer/Engineer by way of Security Deposit.

All compensations or the other sums of money payable by the contractor to Employer under the terms of this contract may be deducted from his security deposit or from any sums which may be due to or may become due to the contractor by Employer on any account whatsoever and in the event of his Security Deposit being reduced by reason of any such deductions , the contractor shall within 10 days make good or replenish any sum or sums which may have been deducted.

50% of the security deposit as deducted above shall be released to contractor after issue of Taking over certificate by Engineer and balance 50% of security deposit shall be released to contractor after issue of Performance Certificate after end of defects liability period.

Third Party

Quality

Assurance

Inspection/C

hecking

20 The third party quality assurance/checking may be carried out from time

to time by the agency engaged by the DIMTS for the purpose. All

necessary field/Lab test(s) on the materials/works may be carried out by

the such designated agency in the laboratory established at site or

outside lab and the cost for the same shall be borne by the Contractor.




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Annexure-Al

List of major Labour Laws applicable to establishments engaged in Construction of

Civil Works

Workmen Compensation Act, 1923

Payment of Gratuity Act, 1972

Employees' PF and Miscellaneous Provisions Act, 1952

Maternity Benefit Act, 1951

Contract Labour (Regulation and Abolition) Act, 1970

Minimum Wages Act, 1948

Payment of Wages Act, 1936

Equal Remuneration Act, 1979

Payment of Bonus Act, 1965

Industrial Disputes Act, 1947

Industrial Employment (Standing Orders) Act, 1946

Trade Unions Act, 1926

Child Labour (Prohibition and Regulation) Act, 1986

Inter-State Migrant Workmen's (Regulation of Employment and Conditions of Service) Act, 1979

The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and the Cess Act of 1996

The Factories ACT. 1948.




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Annexure-A-II

Provisions Related to Safety, Health & Environment Protection to be

complied/followed by Contractor

1. The provisions given here should be read in conjunction with;

(a) The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act 1996. Delhi Rules, 2002

(b) The Factories Act, 1948 (c) Other Laws of India, Regulations, Rules and Codes of Practice on Safety Health and the

Environment that may be applicable. (d) The Conditions of Contract in respect of Health and Safety (e) The Employer's Requirements as given in the documents of the Contract. (f) The important applicable Indian Standards

2. The provisions given herewith outline the minimum health and safety, standards that shall be required during the construction. These provisions represent the minimum standards required. and each Contractor is encouraged to expand and improve upon it. These provisions are not intended to replace existing standards that are currently in force in India. However, it is intended to support the standards and to highlight to Contractors the areas of concern that shall be addressed in their respective Site Safety Plans in order to establish good health and safety practices. The obligations and requirements for Health, Safety and environment protection set out within this document are entirely without prejudice and do not derogate from the Contractor's obligations with respect to the Contract and his statutory obligations with respect to Health, Safety & environment protection.

3. The Contractor is fully responsible for the safety of the Works, his personnel, subcontractors'

personnel, the public and all persons directly or indirectly associated with the Works or on or in the vicinity of the Site.

4. The provisions given herewith provide relevant information and procedures to assist the Contractor to ensure that his employees and sub contractors work within a safety-conscious and safety-regulated environment. Compliance with the procedures set out in these provisions shall not relieve the Contractor of any of his Statutory Duties or his responsibilities under the Contract.

Notwithstanding anything contained herein, the Contractor shall remain liable to comply

with the provisions of all acts, rules, regulations and bylaws for the time being in force

in India and applicable in the matter of Safety, Health & Environment Protection.




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5 GENERAL DUTIES OF CONTRACTORS

5.1 Every person employed by Contractor on construction sites are obliged to comply with the

general duties imposed on them under the Contract. Every person employed should, not only

avoid careless or reckless behaviour, but should also take positive steps to understand

workplace hazards. They must follow all necessary safety and environment rules and

procedures, and ensure that their acts or omissions at work do not put the health and safety

of self or others at risk.

5.2 Contractors shall be responsible for complying with all statutory and contractual requirements

on construction safety, health and environment including the general duties imposed on them

under the Laws and Regulations of the Government of India, Government of the National

Capital Territory of Delhi and other relevant authorities.

5.3 The Employer/Engineer shall only deal with health and safety matters through the Contractor

and shall hold the Contractor responsible for all his and his approved Sub-contractors,

actions. All approved Sub-contractors shall be responsible to the Contractor.

5.4 Contractor shall ensure that an adequate level of competent supervision is maintained at

the workplace at all times with all supervisory staff having the relevant knowledge, training,

and experience to enable them to supervise the work in a proper manner.

5.5 Any major breach of the Site Safety measures, relevant Statutory Provisions and Safety

Codes, or any other blatant disregard for the health and safety by any person directly or

indirectly associated with the works may result in the Employer/Engineer exercising their

authority in requiring the removal from the Site of the Contractor's Site Manager and/or

other personnel. Any person who is removed from the site for breach of safety measures shall

not be allowed to be reemployed on any other worksite.

5.6 The Contractor shall provide all necessary measures to protect the public from

accidents and shall be bound to bear the expenses of defending every suit, action or

other proceedings at law that may be brought by any person for injury sustained

owing to neglect of the safety precautions and to pay any damages and costs which

may be awarded in any such suit, action or proceedings to any such person or which

may with the consent of the Contractor be paid to compromise any claim by any such

person.

5.7 The safety provisions shall be brought to the notice of all concerned by displaying on

a notice board at a prominent place at the work location. Persons responsible for

ensuring compliance with the Safety Code shall be named therein by the Contractor.

5.8 To ensure effective enforcement of the rules and regulations relating to safety

precautions, arrangements made by the Contractor shall be open to inspection by the

Engineer or his Representative.




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6 REPORTING OF ACCIDENTS AND DANGEROUS OCCURRENCES

6.1 All accidents and dangerous occurrences shall be recorded by Contractor, regardless of

whether or not personnel injury occurs.

6.2 The Employer/Engineer shall be notified by the quickest possible means, for example by

telephone of the following classifications of accidents and incidents and by subsequent

written notification within twenty four hours:

(a) Fatal Accident (b) Major Injury Accident – Any fracture, other than to the fingers or toes, any loss of limb

or part of a limb, dislocation of shoulder, hip, knee or spine, loss of sight, any other injury that leads to unconsciousness, requires resuscitation, requires admittance to hospital for more than 24 hours or which causes more than 10 days absence from work.

(c) Dangerous Occurrence (d) Any Incident Involving A Member Of The Public

6.3 The Contractor shall report immediately, orally and in writing, all fatal accidents, and other

occurrences requiring reporting, to the police, at the police station in whose jurisdiction the

accident occurred.

6.4 An accident shall also become reportable to the Employer/Engineer if it causes incapacity

for more than three days excluding the day of the accident.

6.5 The following information is required in reporting an accident to the Employer/Engineer

(a) particulars of the Contractor or approved Sub-contractor employing the injured person; (b) particulars of the deceased or injured person: name, address, occupation, sex, and

age; (c) the date, cause or circumstances of the accident; and (d) the nature of the injury, stating whether death or incapacity was caused by the injury.

6.6 All dangerous occurrences on site must be reported in writing to Employer/Engineer within 24 hours, irrespective of whether there are casualties or not. The following information has to be provided: (a) the time of the occurrence; (b) damage to any building, machinery or plant; and (c) the circumstances in which the accident occurred.

If no one is injured, the above notification is sufficient. In the case of death or serious

injury, the accident reporting procedure outlined in para 6.5 must also be followed.




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7 REPORTING OF FIRES BY CONTRACTOR

7.1 The Contractor shall report to the Engineer all fires which occur on site including any fires

that have been extinguished by the Contractor himself, and the Engineer may send staff to

investigate such fires. The following information should be provided :-

(a) time of fire; (b) location of fire; (c) means of extinguishing the fire; (d) injury to any person/damage to any property; and (e) the probable cause of fire.

This action is in addition to reporting the incident to the Chief Fire Officer Delhi, and Police

in accordance with local regulations.

8. SAFETY SIGNS

8.1 All safety signage that is displayed in and around the sites shall be in both Hindi and

English. Examples of signs that shall be required shall include amongst others the

following:

(a) Wear Safety Helmets. (b) Permit to Work areas (c) Wear Safety Footwear. (d) Wear Hearing Protection. (e) Wear Eye Protection. (f) Danger Electricity. (g) Danger Crane Overhead. (h) Stop Look and Listen (i) No Smoking. (j) First Aid. (k) No Entry signs (I) Fire precautions.

(m) Emergency Exit from underground works

8.2 All safety signs shall comply with the Internationally recognized Safety Colors as indicated

below:-

9 INDUSTRIAL HEALTH AND LABOUR WELFARE

9.1 The Contractor shall be responsible for maintaining healthy working conditions for all his, and

his subcontractors, workers. In particular he shall pay attention to the effects of noise, dust, air

pollution and the use of chemicals. If it is not possible to remove the cause of harm then

suitable and sufficient Personal Protective Equipment (PPE) should be provided to those

workers who could be affected.




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9.2 If the use of PPE is the only means of providing protection the Contractor shall ensure that all

the workers affected are properly trained in the use of the PPE and that adequate supervision

is provided t ensure its proper use.

9.3 The Contractor shall carry out noise assessments to establish what noise levels his workers

are being exposed to. If excessive noise levels above 90dB(A) are found then the contractor

shall attempt noise reduction measures. Where it is not possible to reduce the noise level, the

Contractor shall provide the workers with suitable hearing protectors, which effectively reduce

the sound level at the user's ear to, or below, 90dB(A). The Contractor shall ensure that all

the workers affected are properly trained in the use of hearing protection equipment.

9.4 Contractor shall ensure that no worker lifts by hand or carries overhead or over his back or

shoulders any material, article, tool or appliances exceeding in weight the maximum limits set

out below unless aided by another worker or a mechanical device:-

(i) Adult-Male : 55 kg.

(ii) Adult- Female : 30 kg.

9.5 Toi lets

The Contractors shall ensure that an adequate number of toilets are made available at the

work site with the ratio being no less than one toilet for every 50 workers or part thereof.

The toilets shall be located so that persons do not have to walk more than five hundred

meters to use them.

The toilets shall have adequate water supply and be kept in a clean and tidy condition

at all times.

9.6 Drinking Water

The Contractors shall ensure that effective arrangements are made to provide and

maintain at suitable points at work site a sufficient supply of wholesome drinking water.

All such points shall be legibly marked "Drinking Water" in Hindi and English and no such

point shall be situated within six meters of any washing place, urinal or latrine.

10 Deleted

11. LIFTING OPERATIONS

11.1 Lifting Appliances:

Contractor shall ensure that all lifting appliances, including synchronised mobile jacks, pit

jacks, mobile cranes, tower cranes, gantry cranes, launching beams and lorry mounted

cranes, prior to being allowed to work on site shall have available for inspection by the

Engineer‘s Representative a current Certificate of Inspection issued by a Competent Person.




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All lifting appliances with a lifting capacity of more than one tonne shall, where practicable, be

fitted with Automatic Safe Load Indicators and Audible Warning Devices which shall be kept in

an operable condition at all times the lifting appliance is in use. Checks should be made to

ensure that the Automatic Safe Load Indicator is properly calibrated and is functioning

properly.

All lifting appliances shall be maintained in accordance with the manufacturer's instructions and shall be subject to a regular preventative maintenance programme. All lifting appliances shall be inspected every three months by a third party competent

person. Certificates of Inspection shall be available with the lifting appliance.

The operators of lifting appliances shall conduct daily inspections of their respective lifting

appliances with the results of the inspections being recorded and kept available for inspection.

The Contractor shall ensure that only thoroughly trained and experienced persons aged twenty-one years and over are allowed to operate lifting appliances.

11.2 Lifting Gear:

Lifting Gear includes chain slings, rope slings, or similar gear and a ring, link, hook, plate clamp, shackle, swivel or eye bolt.

The Contractor shall ensure that all lifting gear shall be in good condition and shall be tested

and certified every six months, with the Safe Working Load being stamped or clearly

displayed upon it. Records of test shall be kept available for inspection.

All lifting gear shall be visually inspected before any use and if any defects are found then it shall be removed from site or dismantled / disabled in order to ensure that it is not used in a defective state.

All lifting gear shall be properly stored and not left lying on the ground where it could be damaged or used in an unsafe manner.

11.3 Lifting Operations:

The Contractor shall ensure that during the course of any lifting operations the following

minimum requirements shall be followed:

(a) All lifting operations shall be under the control of a competent "Lifting Supervisor" appointed by the contractor.

(b) Only thoroughly trained and experienced crane drivers shall be allowed to operate cranes.

(c) Only thoroughly trained and experienced slingers and riggers shall be allowed to sling loads and give directions to crane operators.

(d) A standard code of hand signals shall be adopted for controlling the movements of the crane and both the driver and the signaller shall be thoroughly familiar with the signals.

(e) The driver of the crane shall respond to signals from only the appointed signaller but shall obey the stop signal at any time no matter who gives it.




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(f) Before commencing any lifting operations the ground conditions on which the crane is to stand shall be investigated in order to ensure that the load bearing capabilities are adequate.

(g) The weight of the load must be known to the crane driver and the stinger/rigger before lifting commences.

(h) No loads are to be stewed over public areas without stopping pedestrians and vehicles first. No unauthorised persons are allowed into the lifting zone. No person is allowed to ride the hook of the crane or the loads being lifted.

(i) Any areas where a minimum clearance of six hundred millimetres from the rear of the stewing kentledge of the crane cannot be achieved and where persons could be trapped against obstacles then a fence shall be erected to prevent access.

(j) All crane hooks shall be fitted with an operable safety catch. (k) Wherever practicable all loads shall have tag-lines attached in order to ensure that the

load can be controlled at all times.

(l) Provision shall be made to ensure that the lifting slings or chains can be safely removed from the loads once they have been landed.

(m) All lifted loads and stacked materials shall be left in a secure and stable condition at all times.

(n) Whenever working close to isolated overhead power-lines the lifting appliances shall be grounded to earth as a secondary precaution against accidental energisation.

(o) No close working to any live overhead power-lines is permitted without the operation of a strict Permit to Work system being in place.

11.4 WORK IN CONFINED SPACES

11.4.1 The term 'confined space' has two defining features. Firstly, it is a place which is

substantially (though not always entirely) enclosed and, secondly, there will be a reasonably

foreseeable risk of serious injury from hazardous substances or conditions within the space

or nearby.

11.4.2 Some confined spaces are fairly easy to identify, for example, closed tanks and sewers.

Others are less obvious but may be equally dangerous, for example closed and unventilated

or inadequately ventilated rooms and silos, ducts, culverts, tunnels, boreholes, bored piles,

manholes, shafts, excavations, sumps, inspection pits, cofferdams ,and building voids.

11.4.3 The most likely hazards of working in confined spaces are as follows:

(a) Flammable Substances and Oxygen Enrichment; (b) Toxic Gas, Fume or Vapour; (c) Oxygen deficiency; (d) The Ingress or Presence of Liquids; (e) Presence of Excessive Heat, (f) Excessive Humidity

11.4.4 Entry Procedures Contractors will ensure that only persons, who have been thoroughly trained, experienced

and are physically fit shall be allowed to work in Confined Spaces.




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Persons with any of the following medical conditions shall not be allowed to work in confined

spaces:

(a) a history of fits, blackouts or fainting attacks, (b) a history of heart disease or disorder, (c) high blood pressure, (d) asthma bronchitis, or shortness of breath on exertion, (e) deafness (f) meniers disease or disease involving giddiness or loss of balance, (g) claustrophobia or nervous or mental disorder, (h) back pain or joint trouble that would limit mobility in confined spaces, (i) deformity or disease of the lower limbs limiting movement. (j) Chronic skin disease, (k) Serious defects in eye sight or lack of sense of smell

11.4.5 No smoking shall be allowed in or within 2 meters of the opening to any confined space and

suitable warning signs shall be positioned.

11.4.6 Before any confined space work commences the following equipment shall be available

for use:

(a) Multi Gas Monitor; or other suitable gas monitoring equipment.

(b) Self contained breathing apparatus.

(c) Full body type harness for each worker

(d) Flame proof Lighting (e) Ventilation equipment (f) Tripod and Lifeline Hoist Rope for work in situations where a vertical exit from

the confined space is required 11.4.7 The persons involved in confined space working operations shall be trained in use of

above mentioned equipments. 11.4.8 When workers are employed in sewers and manholes, which are in use, the

Contractor shall ensure that manhole covers are open and manholes are ventilated at least for an hour before workers are allowed to go into them. Manholes so open shall be cordoned off with suitable railing and provide warning signals or boards to prevent accidents to the public.

12 SITE ELECTRICITY

12.1 The Contractor shall nominate a qualified representative who shall be solely responsible

for ensuring the safety of all temporary electrical equipment on Site. The name and

contact telephone number of the representative shall be displayed at the main distribution

board for the temporary electrical supply so that he can be contacted in case of an

emergency.




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12.1 All electrical installation work on Site shall be carried out in accordance with the

requirements laid down in the Specification. All work shall be supervised or executed by

qualified and suitably categorized electricians.

12.3 All Temporary Electrical Site installations and distribution systems shall be in accordance

with Indian Electrical Regulations, The Power Companies' Supply Rules, BS 7671

Requirements for electrical installation, the IEE Wiring Regulations (16th Edition), BS 7375

Distribution of Electricity on Construction and Building Sites; BS 4363 Distribution

Assemblies for Electricity Supplies for Construction and Building Sites.

12.4 Distribution equipment utilised within the temporary electrical distribution system shall

incorporate the following features:-

(a). flexibility in application for repeated use;

(b) suitability for transport and storage; (c) .robust construction to resist moisture and damage; and (d) Safety in use.

12.5 All cabling shall be run at high level whenever possible and firmly secured to ensure it

does not present a hazard or obstruction to people and equipment.

12.6 Protection shall be provided for all main and sub-circuits against excess current, residual

current and earth faults. The protective devices shall be capable of interrupting (without

damage to any equipment or the mains or sub-circuits) any short circuit current that may

occur.

12.7 Earthing and bonding shall be provided for all electrical installations and equipment to

prevent the possibility of dangerous voltage rises and to ensure that faults are rapidly

cleared by installed circuit protection.

12.8 Only plugs and fittings of the weatherproof type shall be used.

12.9 Cables shall be selected after full consideration of the conditions to which they will be

exposed and the duties for which they are required. For supply cables up to 3.3kV the

cable armouring shall be used as the earth return in conditions where the cable is

continuously extended and not subject to continuous movement after installation.

12.10 When workers are employed on electrical installations which are already energised,

insulating mats, working apparel such as gloves, sleeves and boots, as may be

necessary, shall be provided. Workers shall not wear any rings, watches and carry

keys or other material which are good conductors of electricity.

13 WELDING AND CUTTING

13.1 Contractors shall ensure that all welding, cutting and gouging is carried out so that the risks

are kept at a minimum.




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13.2 All equipment must be in good condition & properly installed.

13.3 Flexible hoses, cables and connections must be free from damage or risk of damage in

service. Cables and hoses shall have adequate carrying capacity.

13.4 Welders shall wear the correct personal protective equipment which includes the

following;

(a) face and eye protection with correct grade of shield; (b) gauntlet gloves; (c) safety footwear (d) welders apron or fire retardant overalls; (e) The atmosphere in the vicinity of work must be known to be safe to breathe and free

from flammable gases. 13.5 Adequate ventilation and fume extraction must be provided and used as required by the risk

assessment and especially in enclosed areas and pits. .

13.6 Surfaces to be heated by the process must be cleaned of contaminants that may be

degraded by heat or give off noxious fumes (e.g. paints, plastics, zinc coating).

13.7 Naked flames or high temperature surfaces must not be allowed in the vicinity of volatile

solvents.

13.8 All moveable flammable materials must be removed from the vicinity of work and fireproof

covers placed over all flammable materials that cannot be removed.

13.9 During all welding the work piece and any access equipment must be safely

secured.

13.10 Oxy-fuel Gas Processes

13.10.1 Handle cylinders carefully, keep outside enclosed areas and secure in an upright position.

Keep oxygen cylinders away from fuel gas cylinders where possible.

13.10.2 Flash back arresters shall be fitted to both the fuel gas and oxygen cylinders.

13.10.3 Non return valves shall be fitted to the torch or cutting torch;

13.10.4 Ensure screwed fittings and hoses are correct and keep screwed and sealed surfaces free

of contaminants, such as oil and grease.

13.10.5 Close cylinder valves when flame is extinguished.

13.10.6 Ensure any vessel, drum or tank that has contained flammable or toxic substances has

been properly cleaned and inspected before subjecting it to hot work.




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13.10.7 Checks for gas leaks should carried out using soapy water.

13.10.8 Remove all torches from enclosed areas when not in use.

13.10.9 Suitable fire extinguisher to be available at all places where hot work is being carried

out.

13.10.10 Use firewatchers if there is a possibility of ignition unobserved by the operator (e.g. on

the other side of bulkheads).

13.11 Arc Cutting, Gouging and Welding Processes

13.11.1 Connect the welding current return cable to the workpiece close to the arc point or to a

well electrically conductive support structure in good contact with the workpiece. Also,

connect the workpiece or the support structure to a separate earth terminal.

13.11.2 Take precautions against the risk of increased fume hazards when welding with chrome

containing fluxed consumables or high current metal inert gas (MIG) or tungsten inert

gas (TIG) processes.

13.11.3 Avoid being in contact with water or wet floors when welding. Use duckboards or rubber

protection. 21.3.4 Provide screens to limit exposure of others to glare from arcs.

13.11.3 Use the correct eye and face protection with the correct filter glass.

13.11.5 Use a low voltage open circuit relay device if welding with alternating current in

constricted or damp places.

14 HEAVY PLANT OPERATIONS

14.1 The contractor shall ensure that only safe and well-maintained plant and equipment shall be

allowed to operate on any of the sites.

14.2 All operators of heavy plant such as, earth movers, piling rigs, etc. shall be medically fit, over

eighteen years of age and be thoroughly trained and experienced to operate the equipment.

14.3 No unauthorised person shall be permitted to ride on plant.

14.4 The operators shall conduct daily inspections of their respective items of plant with the

results of these inspections being recorded and the records kept available for inspection.

14.5 All mobile heavy plant shall be equipped with at least one 5kg Dry Powder Fire Extinguisher, carried at a suitable position so as to ensure its easy availability.

14.6 Whenever heavy plant is operating in congested areas, thoroughly trained and experienced banksmen shall be deployed to control the plant and personnel movement and interface.




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14.7 Any waste engine oil and filters following any on site servicing and maintenance shall be

removed from the sites and disposed of in an environmentally conscious manner at

authorised disposal locations. .

14.8 All drums of fuel oil shall be stored on drip trays or the fuel shall be kept in bunded bulk storage fuel tanks, with quantities stored being kept to a minimum.

14.9 The storage areas shall have dry powder fire extinguishers positioned in close proximity to their location for use in an emergency.

15 DEMOLITION

15.1 The Contractor shall ensure that all demolition works shall be carried out in a controlled

manner under the management of experienced and competent supervision.

15.2 Prior to any demolition commencing, a survey shall be conducted to identify if there are any

hazardous materials present, for example the presence of materials such as asbestos and

lead.

15.3 If any hazardous materials are found, then consideration shall be given as to whether they shall

need to be removed by a Specialist Agency or Sub-contractor prior to the main demolition

works commencing.

15.4 Before the demolition commences all relevant notifications will need to be given to the local

authorities and media.

15.5 Measures for protection to the public shall be required to be put into place in order to give

protection from any possible falling debris and dust generation.

15.6 All power supplies and services shall be disconnected before any demolition work

commences.

15.7 Before any demolition work is commenced and also during the process of the work, all roads and open areas adjacent to the work site shall either be closed or suitably protected.

16A FALSEWORK/FORMWORK

16A.1 The contractor shall ensure that all falsework / formwork-has been properly designed and

is suitable for the purpose.

16A.2 All designed falsework / formwork shall be erected in strict accordance to the design.

16A.3 Prior to the loading and subsequent striking of falsework / formwork, the same shall be

inspected to ensure that they have been erected in the prescribed manner.

16A.4 Adequate provision shall be made on the working platforms for the concrete placement

operations, these shall include locations for vibrators and the unobstructed movement of




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personnel controlling the rubber hose during the concrete pumping operations or the

concrete skip during any skipping operations.

16A.5 The Contractor shall use the following checklist to check that falsework / formwork is

being used safely;

(a) have the design and the supports for shuttering and falsework / formwork been checked?

(b) is it being erected safely from steps or proper platforms? (c) are the props plumb and properly set out? (d) are the bases and ground conditions adequate for the loads? (e) are the correct pins used in the props? (f) are the timbers in good condition? (g) is it inspected by a competent person against the agreed design before permission is given to pour concrete?

16B WORKING AT HEIGHT

Suitable scaffolds shall be provided for workmen for all work that cannot safely be

done from the ground, or from solid construction except for such short period work

as can be done safely from ladders. When a ladder is used, an extra labourer shall

be engaged for holding the ladder and if the ladder is used for carrying materials as

well, suitable foot-holds and hand-holds shall be provided on the ladder, which shall

be given an inclination not steeper than 1/4 to 1.

Scaffolding or staging more than 3.25 meters above the ground or floor, swung or

suspended from an overhead support or erected with stationary support, shall have

a guard rail properly attached, bolted, braced and otherwise secured at least 1

meter high above the floor or platform of such scaffolding or staging and extending

along the entire length of the outside and ends thereof with only such openings as

may be necessary for the delivery of materials. Such scaffolding or staging shall be

so fastened as to prevent it from swaying from the support or structure.

Working platforms, gangways, and stairways shall be so constructed that they do

not sag unduly or unequally, and if the height of any platform or gangway or stairway

is more than 3.25 meters above ground level or floor level, it shall have closely

spaced boards, have adequate width and be suitably provided with guard rails as

described in (ii) above.

Every opening in the floor of a structure or in a working platform shall be provided with suitable means to prevent fall of persons or materials by providing suitable fencing or railing with a minimum height of one metre.

Safe means of access and egress shall be provided to all working platforms and

other working places. Every ladder shall be securely fixed. No portable single ladder




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shall be over 9 metres in length. The width between side rails in a rung ladder shall

in no case be less than 30 cm for ladders up to and including 3 metres in length. For

longer ladders the width shall be increased at least 6 mm for each additional 30 cm

of length. Spacing of steps shall be uniform and shall not exceed 30 cm.

17A Deleted

17B Deleted

18 PERSONAL PROTECTIVE EQUIPMENT

18.1 The Contractor shall at all times keep and maintain an adequate supply of suitable

personnel protective equipment which shall be readily available for use at all times on the

sites, and would include amongst others the following items:

(a) Safety Helmets. (b) Hearing Protection. (c) Respiratory Protection. (d) Eye Protection. (e) Protective Gloves. (f) Safety Footwear. (g) High Visibility Clothing to BS EN 471 Class 3 standard

18.2 All sites shall be designated as HARD HAT and SAFETY BOOTS SITES and as such an

adequate supply of safety helmets and safety boots shall be kept available for use by all

staff, workers and authorised visitors to the sites.

18.3 The Contractor shall remove from the site any worker who consistently refuses to wear

the

appropriate personal protective equipment.

1 8 . 4 All workmen at site shall be provided with safety helmets and yellow/orange jackets.

Workmen required on site during night hours shall be provided with fluorescent yellow

jackets with reflective lopes. Workers employed on mixing asphaltic materials,

cement, lime mortars, concrete etc. shall be provided with protective footwear,

protective goggles.Those engaged in handling any material, which is injurious to the

eyes, shall be provided with protective goggles.Those engaged in welding works shall

be provided with welder's protective eye-shield. Stone breakers shall be provided with

protective goggles and protective clothing and seated at sufficiently safe intervals.

1 9 F I R S T A I D

At every workplace, there shall be maintained in a readily accessible place first aid

appliances including an adequate supply of sterilised dressings, bandages,sterilised

cotton wool, eye irrigation sterile solution, disposable gloves, ointments for

burns/cuts, pressure dressings, paper towels, general purpose medicines etc.as




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prescribed in the Factory Rules of the State in which the work is carried on. The

appliances shall be kept in good order and, in large work places, they shall be

placed under the charge of a responsible person who shall be readily available

during working hours. In each site office and location one employee, suitably trained in

first aid, should be available at all working hours for the purpose of attending to

emergencies.

20 FIRE PRECAUTIONS

20.1 The Contractor shall be responsible for supplying and maintaining adequate fire precaution facilities on all his sites. The following minimum standards should be adhered to :

(a) The Contractor shall ensure that specially trained personnel are available to deal with fires due to electrical causes, gas explosions etc.

(b) A good standard of housekeeping shall be maintained at all times on the sites.

(c) No accumulations of rubbish shall be allowed to gather.

(d) Combustible scrap and other construction debris shall be disposed off site on a regular basis. If scrap is to be burnt on site, the burning site should be specified and located at a distance no less than 12 metres from any construction work or any other combustible material.

(e) Signage shall be erected at prominent positions showing the correct use of portable first aid fire extinguishers.

(f) Emergency plans and Fire Evacuation plans shall be prepared and issued . Mock drills should be held on a regular basis to ensure the effectiveness of the arrangements.

20.2 Fire Fighting Equipment

At various locations around the site clearly visible fire points shall be established for use in

an emergency and each fire point should have available as a minimum the following type of

equipment:-

(a) Dry Powder Extinguisher. (b) Water Type Extinguisher. (c) Bucket of Sand.

Recharging of fire extinguishers and their proper maintenance should be ensured and as a minimum should meet Indian National Standards. The Telephone Number of the local fire brigade should be_prominently displayed near each

telephone on site. Supervisors and workmen at the site should be trained in the use of fire

fighting equipment provided at the site.

20.3 Storage of Flammable Liquids

All flammable liquids shall be kept in a secure fire resistant store protected from electrical sparks welding sparks open flames and smoking. Only such amounts of flammable liquids should be issued as are required for immediate use.

Cans for carrying flammable liquids should be leakproof and properly stoppered and clearly

marked "FLAMMABLE LIQUID".




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Rags soaked in paints, kerosene and other flammable liquids should be disposed of daily

under supervision. Large quantities of such rags should not be allowed to accumulate.

All Diesel fuel storage tanks shall be bunded around in order to control any spillage or

leakage that may occur.

"NO SMOKING" signs shall be prominently displayed at all areas where flammable

materials are stored.

21 SITE PERIMETER HOARDING

21.1 The Contractor shall be required to keep the site as safe and secure as possible at all

times, including the erection of site perimeter Hoarding which shall also deter trespassers

both adult and children alike.

21.2 The Contractor shall provide a solid two metre high securely erected barricade around the perimeter of the site, with agreed and guarded access and egress points for both personnel and vehicles.

21.3 At each entrance to the site the Contractor shall erect a large billboard warning all persons who enter the site that they are required to wear the appropriate Personal Protective Clothing and that no unauthorised access is allowed.

21.4 Wherever the fence runs adjacent to the highway with no buffer-zones then the fence shall

have traffic warning lights duly affixed to it.

21.5 Wherever the fence borders on pedestrian footpaths lighting shall be provided to illuminate the pedestrian routes. The positioning of the fence-line shall not reduce the width of the pedestrian footpath to less than 900 mm in order to be able to accommodate disabled persons in wheelchairs.

21.6 Site perimeter fencing shall be washed at least once a month and repainted at least

annually.

21.7 The site fencing shall need to be inspected on a regular basis in order to ensure that the

integrity of the fencing is maintained at all times as far as is practicable.

22 Deleted

23 VISITORS TO SITE

All visitors to site shall report to the Contractors site offices where they shall be issued with appropriate Personal Protective Equipment if they are to go out onto the site work areas. Any visitors going out to the site work areas shall be accompanied at all times by a member of the site personnel.

24 ENVIRONMENTAL FRIENDLY CONSTRUCTION PRACTICES

24.1 Containment of Air Pollution




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24.1.1 During Transport of Material

(a) The Contractor shall take precautions. to minimize visible particulate matter from being deposited upon public roadways as a direct result of his operations. Precautions include removal of particulate matter from equipment before movement to paved streets or prompt removal of material from paved streets onto which such material has been dropped.

(b) All construction equipment should be washed clean of visible dirt/mud before exiting the construction sites. Any deposition of material on public streets by construction equipment should be removed by manual sweeping, or by deploying electro — mechanical devices.

(c) The Contractor shall provide a wash pit or a wheel washing and/or vehicle cleaning facility at the exits from work sites such as construction depots and batching plants. At such facility, high-pressure water jets will be directed at the wheels of vehicles to remove all spoil and dirt. Water shall be pumped through an electrically operated pump set, to hydrants attached with rubber hoses, by activation of push button located at the hydrant, allowing for upto 10 minutes of wash time.

(d) Wheel washing facilities will be provided with efficient drainage, incorporating silt traps to prevent any excessive build up of water. These facilities could include water re-circulation apparatus to minimize water consumption. At the wheel wash facility, water, dirt, gravel etc. shall be drained into precast trench drains with removable grated cover. This dirty water shall flow, through a piping, into solids separator and from there to oil separator before final discharge.

(e) Where wheel-washing facility is not possible, the contractor shall ensure manual cleaning of wheels by wire brushes or similar suitable means.

(f) The Contractor shall ensure that vehicles with an open load carrying area used for

moving potentially dust-producing materials shall have properly fitting side and tailboards.

Materials having the potential to create dust shall not be loaded to a level higher than the

side and tail boards, and shall be carried in vehicles fitted with covers.

24.1.2 During Dumping of Materials At Site

(a) The Contractor shall place material in a manner that will minimise dust production. Material shall be stabilized each day by watering or other accepted dust suppression techniques.

(b) The heights from which materials are dropped shall be the minimum practical. height to limit fugitive dust generation.

(c) The Contractor shall stockpile material in the designated locations by the Employer with suitable slopes. Access to the site shall be regulated for entry of men, material and machine.

(d) During dry weather, dust control methods such as water sprinkling must be used daily especially on windy, dry day to prevent any dust from blowing. During rains, the stockpile may be covered with tarpaulin or similar material to prevent run off.

(e) The Contractor shall provide water sprinkling at any time that it is required for dust control use.

(f) Dust control activities shall continue even during work stoppages 24.1.3 At Construction Site

(a) At each construction site, the Contractor shall provide storage facilities for dust generating materials and shall be closed containers/bins or wind protected shelters or mat covering




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or walled or any combination of the above to the satisfaction of the Employer. The Contractor shall spray water at construction sites as required to suppress dust, during handling of excavation soil or debris or during demolition.

(b) Stockpiles of sand and aggregate greater than 20m3 for use in concrete manufacture shall be enclosed on three sides, with walls extending above the stockpile and two (2) metres beyond the front of the stockpile.

(c) Effective water sprays shall be used during the delivery and handling of all raw sand and aggregate and other similar materials, when dust is likely to be created and to dampen all stored materials during dry and windy weather.

(d) Areas within the Site such as construction depots and batching plants, where there is a regular movement of vehicles shall have an approved hard surface that is kept clear of loose surface material.

(e) Unless the Employer has given consent otherwise, the Contractor shall restrict all motorized vehicles on the Site to a maximum speed of 15 kilometers per hour and confine haulage and delivery vehicles to the designated roadways inside the site.

(f) At the Batching plant the following additional conditions shall be complied with:

♦ The Contractor shall undertake at all times the prevention of dust nuisance as a result of

his activities.

♦ The Contractor shall frequently clean and water the concrete batching plant and

crushing plant sites and ancillary areas to minimise any dust emission.

(g) The Contractor shall erect hoardings as specified in Employer's Requirements — Construction, securely around all construction work sites during the main construction activity, to contain dust within the site area and also to reduce air turbulence caused by passing traffic. The hoarding shall be safely secured to the ground to prevent from toppling with minimum gap between the base of hoarding and ground surface.

24.1.4 During Drilling and Blasting

(a) Water spray should be used to control dust during breaking of rock/concrete. (b) During blasting operations, appropriate precautions should be taken to minimise dust

such as the use of blast nets, canvas covers and watering. (c) Wire mesh made of heavy-duty tyres or sand bags should be used over blast area on

each shot to prevent flying rock and reduce dust. (d) Blasting technique should be consistent not only with nature and quantity of rock to be

blasted but also the location of blasting. (e) The contractor shall give due preference to explosives with better environmental

characteristics. 24.2 Containment of Water Pollution

(a) At construction sites,depots and batching plants temporary drainage works should be maintained, removed and reinstated as necessary and all other necessary precautions should be taken for avoidance of damage by flooding and silt.

(b) Sedimentation tanks or other acceptable measures, of sufficient capacity to trap silt-laden

water before discharge into the outlet drain should be provided. The system should be flexible and be able to handle multiple inputs from a variety of sources.




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(c) Temporary open storage of excavated materials from cut and cover-tunneling work used for backfill on site should be covered with tarpaulin or similar fabric during rainy season or at any time of the year when rainstorms are likely. Washout of construction or excavated materials should be diverted to drainage system through appropriate sediment traps.

(d) Bentonite slurries or other grouts used in diaphragm wall construction piling and other

concrete works should be collected in a separate slurry collection system. If reuse is not practicable then it should be disposed off at nearest landfill site after obtaining permission from agency owning the landfill and under the conditions imposed by the agency concerned, or to a different disposal location as advised by the Employer.

(e) The Contractor shall discharge wastewater arising from site offices, canteens or toilet

facilities constructed by him into sewers after obtaining prior approval of agency controlling the system. A wastewater drainage system shall be provided by the Contractor to drain wastewater into the sewerage system.

(f) Surface run-off from construction sites, depots should be discharged into storm drains

via adequately designed sand/silt removal facilities such as sand traps silt traps or sediment basins.

(g) Perimeter channels/drains should be constructed in advance of site formation works and

earthworks. Silt removal facilities, channels and manholes should be maintained and the deposited silt and grit should be removed regularly, to ensure that these facilities are functioning properly at all times.

(h) Construction works should be programmed to minimize soil excavation works in rainy.

seasons (July to September). If excavation in soil could not be avoided in these months or at any time of year when rain are likely, for the purpose of preventing soil erosion, temporarily exposed slope surfaces should be covered e.g. by tarpaulin, and temporary access roads should be protected by crushed stone or gravel, as excavation proceeds. Arrangement should always be in place to ensure that adequate surface protection measures can be safely carried out well before the arrival of rains.

(i) Measures should be taken to minimize the ingress of rainwater into trenches. If

excavation of trenches in wet seasons is necessary, they should be dug and backfilled in short sections.

(j) Rainwater pumped out from trenches or foundation excavation should be discharged into storm drains via silt removal facilities.

(k) Open stockpiles of construction materials (e.g. aggregates, sand and fill material) on sites should be covered with tarpaulin or similar fabric during rainstorms. Measures should be taken to prevent the washing away of construction materials, soil, silt or debris into any drainage system.

(l) Manholes (including newly constructed ones) should always be adequately covered and temporarily sealed so as to prevent silt, construction materials or debris from getting into the drainage system, and to prevent storm run-off from getting into sewers. Discharge of surface run-off into sewers must always be prevented in order not to unduly overload the sewerage system.




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(m) Groundwater pumped out of wells, etc. for the lowering of ground water level in basement of foundation construction, and groundwater seepage pumped out of tunnels under construction should be discharged into strorm drains after the removal of silt in silt removal facilities.

24.3 Containment of Noise

(a) To the extent required to meet the noise limits, the Contractor shall use reasonable efforts to include noise reduction measures listed below to minimize construction noise emission levels. Noise reduction measures include, but not limited to the following: (I) Minimize the use of impact devices, such as jackhammers, and pavement

breakers. Where possible, use concrete crushers or pavement saws for tasks

such as concrete deck removal and retaining wall demolition.

(ii) Equip noise producing equipment such as jackhammers and pavement

breakers with acoustically attenuating shields or shrouds recommended by the

manufacturers thereof, to meet relevant noise limitations.

(iii) Use construction equipment manufactured or modified to dampen noise and vibration emissions, such as:

Use electric instead of diesel-powered equipment.

Use hydraulic tools instead of pneumatic impact tools. (iv) Maximize physical separation, as far as practicable, between noise generators and

noise receptors. Separation includes following measures:

Provide enclosures for stationary items of equipment and barriers around particularly noisy areas on site.

Locating stationary equipment so as to minimize noise and vibration impact on community.

(v) To the extent feasible, configure the construction site in a manner that keeps noisier equipment and activities as far as possible from noise sensitive locations and nearby buildings. Plant and equipment known to emit noise strongly in one direction should where possible, be oriented in a direction away from noise sensitive receptor and reduce the number of plant and equipment operating in critical areas close to noise sensitive receptors.

(vi) Scheduling truck loading, unloading, and hauling operations so as to minimize noise impact near noise sensitive locations and surrounding communities.

(vii) Minimize noise intrusive impacts during most noise sensitive hours.Plan noisier operations during times of highest ambient noise levels.Keep noise levels relatively uniform; avoid excessive and impulse noises.

(viii) Equipment and plant are not to be kept idling when not in use. (ix) Schedule work to avoid simultaneous activities that both generate high noise

levels. (b) For diesel generator sets, the noise from the DG set shall be controlled by providing an

acoustic enclosure or acoustic treatment of the room for DG sets. Such acoustic enclosures/acoustically treated rooms, shall be so designed for minimum 25 dB(A) insertion loss or for meeting the ambient noise standards, whichever is on higher side.

24.4 Containment of Waste

24.4.1 Handling and disposal of waste like General refuse, Construction Waste including waste




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from excavated material etc. may cause environmental degradation and nuisance. To

prevent it, such waste shall be handled and disposed properly. As such, transportation

and disposal of all waste shall be strictly managed by the Contractor.

24.4.2 General Refuse

Handling and disposal of general refuse shall cope with the peak construction workforce

during the construction period. Provided the refuse is stored and transported in accordance

with good practice and disposed at licensed landfills, the negative environmental impacts

would be minimal.

General refuse shall be stored in enclosed bins or units separate from construction and

chemical wastes. An authorised waste collector should be employed by the contractor to

remove general refuse from the site, on a daily basis to minimize odour, pest and litter

impacts.

24.4.3 Construction Waste

(i) Construction Waste arising from the project construction activities and from the

demolition of existing structures where necessitatedshall be regularly sent for dumping in

nearest sanitary landfill sites.

24.4.4 Chemical Waste

Chemical waste is likely to be generated by construction activities shall be stored in the

suitable containers. Containers used for the storage of chemical waste should:

Be suitable for the substances they are holding, resistant to corrosion, maintained in good condition, and securely closed.

Be of adequate capacity and

Display a label in English and Hindi as to the contents, quantity and safe method of disposal in accordance with instructions contained in MSDS.

The storage area for chemical waste should:

Be clearly labeled and used solely for the storage of chemical waste;

Be enclosed on at least three sides;

Have an impermeable floor and bunding, of capacity to accommodate 110% of the volume of the largest container or 20% by volume of the chemical waste stored in that area, whichever is the greatest;

Have adequate ventilation;

Be covered to prevent rainfall entering and

Be arranged so that incompatible materials are adequately separated. Disposal of chemical waste should be via a licensed waste collector; duly authorized by

MOEF or State Pollution Control Board as the case may be. License of the waste

collector shall be shown to the employer/engineer on demand.

24.4.5 Hazardous Waste




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Classification of waste as Hazardous shall be in accordance with Hazards Waste

Management & Handing) Rules 1989, and 2003 or its latest amendment.

The contractor shall identify all the hazardous waste generated as a result of his activities.

If such waste is generated then the contractor shall apply to State Pollution Control Board

for `authorization' and dispose the same only to currently authorised recyclers( a list of

which can be obtained from state pollution control board) under intimation to the

Employer/Engineer.

The Rules given above shall govern the Classification, Handling, Storage and disposal of

such Hazardous Waste.

Hazardous waste would mainly arise from the maintenance of equipment which may

include, but not be limited to, used engine oils, hydraulic fluids and waste fuel;spent

mineral oils/cleaning fluids from mechanical machinery;scrap batteries or spent

acid/alkali; and spent solvents/solutions, some of which may be derived, from equipment

cleaning activities.

For disposal of waste requiring special attention and hazardous waste the contractor shall

enter into agreement with authorised agencies dealing with the same.

The Contractor is responsible for the correct storage and handling of waste oil/waste

chemical containers unit such a time that they are transported to the chosen disposal

area or waste oil containers.

All waste collection containers shall be of appropriate size with a closed lid. Each

container will be clearly labeled both with a color code system and labeled in Hindi and

English. Original labels of empty containers should be,completely covered over and the

contents of the type of waste stored in the used containers clearly indicated.

24.5 Transportation of Waste

The transportation of construction spoil shall be allowed only to officially designated

dumpsites after obtaining necessary permission from appropriate authority. In order to

avoid dust or odour impacts, vehicles leaving a site carrying excavate should have their

load covered. Vehicles should be routed as far as possible to avoid sensitive receivers

in the area.

25 HOUSEKEEPING

Work site shall be kept reasonably clean, kept free from obstruction and any

construction equipment, tools, and materials etc. shall be properly stored. Any wreckage,

rubbish shall be temporarily stored in wreckage and rubbish bins. These wreckage and

rubbish bins shall be cleaned at frequent intervals.




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General House keeping shall be carried out and ensured at all times at work sites,

Labour Camps, Stores and Offices.

Full height fence, barriers etc. will be installed at the site in order to preserve the

surrounding area from excavated soil, rubbish etc which may cause inconvenience to

public.

Every individual would be responsible for house keeping in his work area i.e.

At Work Site: All workers shall clean their work place after completion of their job. Supervisor shall ensure good house keeping of their respective work area through their workers.

At Labour Camp: All workers shall be responsible to maintain good house keeping and hygienic condition in their respective rooms/dormitories. The Contractor shall ensure the availability of dustbins at required place and regular cleaning of rooms, kitchens, toilet blocks and dustbins. Safe disposal of all waste materials, shall also be ensured. Arrangement for regular fumigation shall be made by the contractor.

At Store: Proper access and stacking shall be ensured at the Stores. A list will display daily stock of materials. All work material should be stored in clearly marked containers or at designated storage area.

26 Avoidance of Nuisance

The Contractor shall take all precautions to avoid any nuisance arising from his

operations. This shall be accomplished, wherever possible by suppression of nuisance

at source rather than abatement of the nuisance once generated.

Following site clearing and before construction, the Contractor shall remove all trash,

debris and other weeds.

The Contractor shall ensure that the work place is free of trash, garbage, debris and

weeds.

The Contractor shall provide at site, metal or heavy-duty plastic `Refuse Containers'

with tight fitting lids for disposal of all garbage or trash associated with food. The

containers shall not have openings that allow access by rodents.

To keep the area free of litter and garbage, specific locations shall be designated for

consuming food and snacks to prevent random disposal of waste. All waste shall be

deposited in the refuse containers. Suitable all weather signage shall be prominently

displayed for compliance of these requirements.

The refuse containers shall be kept upright with their lids shut. These containers shall

be emptied at least once daily by the Contractor to maintain site sanitation. There shall

be different containers for bio-degradable/recyclable and hazardous (flammable)

wastes.




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All plants/equipment/machinery shall be well maintained by regular servicing and kept

free from oil/grease dripping. Drip pans of suitable size shall be used to collect oil

leakages and spills. The area shall be cleaned after completion of maintenance/repair

and generated waste disposed off in approved manner.

27 Accommodation for Labour:

The Contractor shall during the progress of the work provide, erect and maintain

necessary temporary living accommodation and ancillary facilities for labour at his

own expense to standards and scales approved by the Engineer.

Drinking Water:

In every workplace, there shall be provided and maintained at suitable places easily

accessible to labour, a sufficient supply of cold water fit for drinking.

Where drinking water is obtained from an intermittent public water supply each

workplace shall be provided with storage tanks where drinking water shall be

stored.

Every water supply storage shall be at a distance of not less than 15 metres from

any latrine, drain or other source of pollution. Where water has to be drawn from an

existing well, which is within such proximity of any latrine, drain or any other source

of pollution, the well shall be properly chlorinated before water is drawn from it for

drinking. All such wells shall be entirely closed in and be provided with a trap door,

which shall be dust proof and waterproof.

A reliable pump shall be fitted to each covered well. The trap door shall be kept

locked and opened only for cleaning or inspection, which shall be done at least

once a month.

Washing and Bathing Places:

Adequate washing and bathing places shall be provided separately for men and

women. Such places shall be kept in clean and drained condition.

Scale of Accommodation in Latrines and Urinals:

There shall be provided within the precincts of every workplace, latrines and urinals

in an accessible place, and the accommodation, separately for each for these, shall

not be less than at the following scale:

No. of Seats




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Where number of persons does not exceed 50 2

Where number of persons exceed 50 but does not

exceed 100 3

For additional persons per 100 or part thereof 3

Latrines and Urinals:

Except in workplaces provided with water-flushed latrines connected with a water borne

sewage system, all latrines shall be provided with dry-earth system (receptacles) which

shall be cleaned at least four times daily and at least twice during working hours and kept

in a strictly sanitary condition. Receptacles shall be tarred inside and outside at least

once a year.

If women are employed, separate latrines and urinals, screened from those for men and

marked in the vernacular in conspicuous letters "For women only", shall be provided.

Those for men shall be similarly marked "For men only". A poster showing the figure of a

man and a woman shall also be exhibited at the entrance to latrines for each sex. There

shall be adequate supply of water, close to latrines and urinals.

Construction of Latrines:

Inside walls shall be constructed of masonry or other non-absorbent material and shall be

cement- washed inside and outside at least once a year. The dates of cement washing

shall be noted in a register maintained for the purpose and kept available for inspection.

Latrines shall have at least a thatched roof.

Disposal of Excreta:

Unless otherwise arranged for by the local sanitary authority, arrangement for proper

disposal of excreta by incineration at the workplace shall be made by means of a suitable

incinerator approved by the local medical health and municipal or cantonment author ities.

Alternatively, excreta may be disposed of by putting a layer of night soils at the bottom of

a pucca tank prepared for the purpose and covering it with a 15 cm layer of waste or

refuse and then covering it with a layer of earth for a fortnight (when it will turn into

manure).

The Contractor shall, at his own expense, effect proper disposal of soil and other

conservancy work in respect of Contractor's work-purpose or employees on the site. The

Contractor shall be responsible for payment of any charges, which may be levied by

municipal or cantonment authority for execution of such work on his behalf.

Provisions of shelters during rest:




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At every workplace, there shall be provided, free of cost, four suitable sheds, two for

meals and two others for rest, separately for use of men and women labour. The height of

each shelter shall not be less than 3 metres from floor level to lowest part of roof. Sheds

shall be kept clean and the space provided shall be on the basis of at least 0.5 sq.m. per

head.

Creches:

At a place where women are ordinarily employed, there shall be provided at least one

hut for use of children under the age of 6 years belonging to such women. Huts shall not

be constructed to a standard lower than that of thatched roof, mud floor and wall with

wooden planks spread over mud floor and covered with matting.

Huts shall be provided with suitable and sufficient openings, for light and ventilation.

There shall be adequate provision of sweepers to keep the places clean. There shall be

a maidservant in attendance. Sanitary utensils shall be provided to the satisfaction of

local medical, health a municipal or cantonment authorities. Use of huts shall be

restricted to children, their attendants and mothers of children.

Canteen:

A cooked food canteen on a moderate scale shall be provided for the benefit of workers

wherever it is considered necessary.

(i) The Contractor shall conform generally to sanitary requirements of local medical, health and municipal or cantonment authorities and at all times adopt such precautions as may be necessary to prevent soil pollution of the Site.

On completion of the Works, the whole of such temporary structures shall be cleared

away, all rubbish burnt, excreta or other disposal pits or trenches filled in and effectively

sealed off and the whole of the site left clean and tidy, at the Contractor's expense.

(ii) Anti-malarial precautions:

The Contractor shall, at his own expense, conform to all anti malarial measures

including filling up any borrow pits which may have been dug by him.

Awareness and Education of HIV/AIDS

The contractor shall provide/carryout HIV/AIDS awareness and training programme to

its labour and management, at least twice per year during the construction period.

Child Labour Prohibition

The contractor shall not employ Child Labour for any works or in any manner under the

Contract at any time. In the event that the Contractor uses child labour, DIMTS may

terminate the Contract.

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5. SPECIAL CONDITIONS OF

CONTRACT




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Volume 1 – Special Conditions of Contract 5-1

Special Conditions of Contract (SCC)

1 Sub-Clause 1.4 The Form of Contract Agreement shall be in the format given in

Schedule 1 to these Special Conditions of Contract.

2 Sub-Clause 3.2 Functions of Engineer

In addition to the duties mentioned in Clause 3.2 of General

Conditions of Contract:

(i) shall watch and inspect the Works, monitor the test results

and examine any material to be used and workmanship

employed by the Contractor in connection with the Works;

(ii) shall carry out such duties and exercise such powers

vested in the Engineer in accordance with the provisions

of the Contract;

(iii) shall issue instructions which in his opinion are necessary

for the execution of the Works; and

(iv) may issue any other instruction which in his opinion is

desirable in connection with the Works.

In case The Engineer is employee of any agency hired by the

Employer, the Engineer shall take the prior approval of the

Employer for all technical and financial matters otherwise he shall

be deemed to have taken the approval of the Employer.

3 Sub-Clause 4.2 The forms of Performance Security and warranty shall be in the

formats given in the Schedules 2 and 3 respectively to these

Special Conditions of Contract.

4 Sub-Clause 4.2.1(i) The successful Tenderer shall furnish the Performance Guarantee

within 7 days of issue of the Letter of Acceptance.

5 Sub-Clause 4.3 The Contractor shall submit to the Engineer for consent the name

and particulars of the person the Contractor proposes to appoint

within 7 days of Notice to Proceed.

6 Sub-Clause 4.5 The sub-contracting, excluding design work and the items in the

Schedules of Provisional Sums, shall be generally limited to 50%

of the contract price. The value of a sub-contract, other than for

Design work and Provisional Sums items, as and when awarded,

should be intimated by the Contractor to the Engineer and it

should also be certified that the cumulative value of the sub-

contracts awarded so far is within the aforesaid limit of 50%. A

copy of the contract between the Contractor and Sub-Contractor

shall be given to the Engineer within 15 days of signing and in any

case 7 days before the Sub Contractor starts the Work and

thereafter the Contractor shall not carry any modification without

the consent in writing of the Engineer. The terms and conditions of




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sub-contracts and the payments that have to be made to the sub-

contractors shall be the sole responsibility of the Contractor.

Payments to be made to such sub-contractors will be deemed to

have been included in the Lump Sum Contract price. However, for

major sub-contracts (each costing over Rs one million), it will be

obligatory on the part of the Contractor to obtain consent of the

Employer to the identity of the sub-contractor. The Employer will

give his consent after assessing and satisfying himself of the

capability, experience and equipment resources of the sub-

contractor. In case the Employer intends to withhold his consent,

he should inform the Contractor within 15 days to enable him to

make alternative arrangements to fulfil his programme.

The Contractor shall provide sufficient superintendence,

whether on the site or elsewhere, to ensure that the work to be

carried out by a sub-contractor complies with the requirements of

the Contract.

In the case of sub-contracts for electrical and mechanical

works, which the Contractor intends to procure on the basis of

outline design, design briefs and performance specification, the

Contractor shall, prior to inviting tenders from sub-contractors,

submit such documents to the Engineer for review.

The proposed sub-contract terms and conditions shall impose on

the sub-contractor such terms of the Contract as are applicable

and appropriate to the part of the Works to be sub-contracted, to

enable the Contractor to comply with his obligations under the

Contract.

Notwithstanding any consent to sub-contract given by the

Engineer, if in his opinion he considers it necessary, the Engineer

shall have full power to order the removal of any sub-contractor

from the Site or off-Site place of manufacture or storage, which

power shall not be exercised unreasonably.

7 Sub-Clause 4.9 The Geotechnical and other related data provided by the

Employer in the tender documents are based on the investigation

conducted by Employer and are for reference purposes only. The

Tenderer should satisfy himself with the data furnished and make

his own investigations if required for submitting his offer. Any

change in design or construction methodology later during

execution on account of change will be borne by the Contractor.

The Contractor shall not be relieved from any risk or obligation

imposed on or undertaken by him under the Contract on any such

ground or on the ground that he did not or could not foresee any




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matter which may affect or have affected the execution of the

Works, or compliance with his other obligations under the

Contract.

8 Sub-Clause 4.11 All operations for the execution of the Works shall be carried out

so as not to interfere unnecessarily with the convenience of the

public or the access to public or private roads or footpaths or

properties owned by the Employer or by any other person.

The Contractor shall select routes, choose and use vehicles so

that movement of Contractor‘s Equipment, Plant and Materials

from and to the Site is limited so that traffic is not delayed and

damage to highways and bridges is prevented. If there is any

delay or damage or injury, the cost of rectification or

reconstruction of highways or bridges shall be borne by the

Contractor. The Contractor shall indemnify the Employer in

respect of all claims, demands, proceedings, damages, costs,

charges and expenses whatsoever arising out of or in relation to

any such matters.

If during the execution of the Works the Contractor shall receive

any claim arising out of the execution of the Works in respect of

damage to highways or bridges, he shall immediately report the

facts to the Engineer. The Contractor shall negotiate a settlement

in respect of such claims and indemnify the Employer in respect of

all claims, proceedings, damages, costs, charges and expenses in

relation thereto.

9 Sub-Clauses 4.13 Within 14 days of the start date , the Contractor shall submit to the

Engineer for approval his initial works programme. The consent or

rejection of Engineer for the initial works programme, submissions

of detailed work programme, subsequent updation/revision of

work programmes & consent/rejection of programmes by the

Engineer shall be as per provisions as given in ―Scope of Work‖.

After submission of programme at any stage, the Engineer shall

inform the Contractor in writing within 7 days after receipt of the

same;

(a) that the programme has received his consent; or

(b) that the programme is rejected, in which case reasons for such

rejection shall be given; or

(c) that further information is required to clarify or substantiate the

programme or to satisfy the Engineer as to its reasonableness, or

(d) that the programme has received his consent subject to

incorporation of comments attached to the Notice of No Objection.




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Provided that if none of the above actions is taken within the 15

days period, the Engineer shall be deemed to have given consent

to the programme submitted.

The Contractor shall, within 7 days of receiving notification under

sub-paragraphs (c) or (d) above, provide further information

requested or the programme shall be deemed to have been

rejected. The Engineer shall, within 21 days of receipt of such

further information, either reject the programme or give his

consent.

In the event of a programme being rejected, or deemed to have

been rejected, the Contractor shall, within 7 days thereafter,

submit a revised programme taking account of the reasons given

for the rejection or incorporating further information requested by

the Engineer, as the case may be.

The Contractor, following receipt of consent to the Works

Programme, may at any time, submit to the Engineer an amended

version. In the event that the Engineer grants an extension of

time, instructs an Employer's Variation, or on the occurrence of

any event or happening or situation, which could materially affect

the progress of the Works, the Contractor shall submit a revised

programme to the Engineer for his consent.

If the Engineer feels that there is a significant deviation between

the actual or anticipated progress of the Works and the Works

programme, the Engineer may require the Contractor to submit a

revised/modified programme to ensure timely completion of Whole

of Works or a milestone. The Contractor shall submit such

revised programme within 7 days of the Employer's

Representative's instruction or within such other time as the

Employer's Representative will allow in writing.

Unless and until an amended version has the consent of the

Engineer, the existing programme shall remain as the Works

Programme for all purposes of the Contract.

Consent by the Engineer to a Works Programme shall not relieve

the Contractor of any of his duties or responsibilities under the

Contract, nor in the event that a Works Programme indicates that

a Key Date has not or will not be met, constitute any form of

acknowledgement that the Contractor is or may be entitled to an

extension of time in relation to such Key Date.




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Design Submission Programme

The Contractor shall submit to the Engineer, the Design

Submission Programme and updated versions thereof in the form

and content and at the times prescribed by Clause 9 of the Scope

of Work – Design, including the dates on which major decisions

should be made.

In the second and subsequent submissions of the Design

Submission Programme, the Contractor shall not, without the prior

written consent of the Engineer:

(a) revise the description or content of any design package (as

referred to in the Employer‘s Requirements - Design) identified in

the initial version of Design Submission Programme;

(b) reduce the periods provided for review by the Engineer of

any submission of Design Data as set out in the initial version of

the Design Submission Programme;

(c) revise the sequence of submissions of Design Data shown

in the initial version of the Design Submission Programme. Any

amendment of the Design Submission Programme in breach of

the above requirements shall have no effect whatsoever under the

Contract.

Manufacture, Installation and Construction Methods

The Contractor shall submit complete documents and information

pertaining to the methods of manufacture, installation and

construction which the Contractor proposes to adopt or use, (and

if applicable such calculations of stresses, strains and deflections

and the like that will or may arise in the Works or to the other

works comprising the Project or any parts thereof during

installation from the use of such methods). The Engineer will

then check to see whether, if such methods are adhered to, the

Works can be executed in accordance with the Contract and

without detriment to the Works (when completed) and to other

works comprising the Project and in a manner which minimises

disruption to road and pedestrian traffic.

The Engineer shall inform the Contractor in writing within 21 days

after receipt of the above information;

(a) that the Contractor's proposed methods of manufacture,

installation and construction have the consent of the Engineer; or

(b) in what respects, in the opinion of the Engineer the

Contractor's proposed methods of manufacture, installation and

construction:




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(i) fail to comply with the Employer's Requirements and/or the

Definitive Design and/or the Final Design;

(ii) would be detrimental to the Works and/or to the other

works comprising the Project;

(iii) do not comply with the other requirements of the Contract;

or

(c) as to the further documents or information which are

required to enable the Engineer to properly assess the proposed

methods of manufacture, installation and construction.

In the event that the Engineer does not give his consent, the

Contractor shall take such steps or make such changes in the said

methods or supply such further documents or information as may

be necessary to meet the Engineer‘s requirements and to obtain

his consent. The Contractor shall not change the methods of

manufacture, installation and construction which have received

the Engineer‘s consent without further review and consent in

writing of the Engineer.

Notwithstanding the foregoing provisions of this Clause, or that

certain of the Contractor's proposed methods of manufacture,

installation and construction may be the subject of the consent of

the Engineer, the Contractor shall not be relieved of any liability or

obligation under the Contract.

10 Sub-Clauses 4.16 Within 3 weeks of the date of start, the Contractor shall

submit a detailed and comprehensive contract-specific Site Safety

Plan keeping in view the provisions for Safety, Health and

Environmental Protection given in Annexure-A-II of general

conditions of contract, all applicable statutory requirements,

requirements of local authorities/traffic police etc. The Site Safety

Plan shall include detailed policies, procedures and regulations

which, when implemented, will ensure compliance with Sub-

Clauses 4.16 and 6.7 of General Conditions of Contract.

The Contractor shall, from time to time and as necessary or

required by the Engineer, produce supplements to the Site Safety

Plan such that it is at all times a detailed, comprehensive and

contemporaneous statement by the Contractor of his site safety

and industrial health obligations, responsibilities, policies and

procedures (under the laws of India) or as stated in the Contract

or elsewhere relating to work on Site.

If at any time the Site Safety Plan is, in the opinion of the

Engineer, insufficient or requires revision or modification to ensure

the security of the Works and the safety of all workmen upon, and




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visitors to the Site, the Engineer may instruct the Contractor to

revise the Site Safety Plan. The Contractor shall, within 14 days,

submit the revised plan to the Engineer for review.

Any omission, inconsistency or error in the Site Safety Plan or the

Engineer concurrence or rejection of the Site Safety Plan and/or

supplements thereto shall be without prejudice to the Contractor's

obligations with respect to site safety and industrial health and

shall not excuse any failure by the Contractor to adopt proper and

recognised safety practices throughout the execution of the

Works.

The Contractor shall adhere to the Site Safety Plan and shall

ensure, that all sub-contractors of all tiers have a copy of the Site

Safety Plan and comply with its provisions.

The Contractor shall provide all necessary access, assistance and

facilities to enable the Engineer and the Employer to carry out

surveillance to verify that the Site Safety Plan is being properly

and fully implemented.

The Contractor shall notify the Engineer immediately of any

occurrence or incident that results in death or serious injury as

defined in the Indian Penal Code. Such initial notification may be

verbal and confirmed in writing thereafter and shall be followed by

a comprehensive written report within 24 hours of the

occurrence/incident. The Contractor shall duly complete standard

forms as required by the Engineer and Statutory Authorities.

The Contractor shall provide and maintain all necessary

temporary fire protection and fire fighting facilities on the Site

during the construction of the Works in accordance with the

statutory regulations and as required by the Engineer. The

Contractor shall ensure that all gases, fuels and other dangerous

Materials and goods are stored and handled in a safe manner and

in accordance with the statutory regulations and as required by

the Engineer.

The obligations and requirements for safety and industrial health

under this Contract are entirely without prejudice to, and do not

derogate from, the Contractor‘s statutory obligations, with respect

to safety and industrial health.

Non compliance of the provisions in contract regarding Safety,

Health and Environmental Protection shall attract a non refundable

fine/damages as follows:

(i) On first observation : Rs.5,000/-




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(ii) On second observation : Rs.7,000/-

(iii) On third & each subsequent observation : Rs.10,000/-

11 Sub-Clause 4.17 The Site Environmental Plan shall include detailed policies,

procedures and regulations which, when implemented, will ensure

compliance with this Clause. The Contractor is required to make

himself aware of all the statutory requirements in this regard and

comply with them

Within 3 weeks of the date of start, the Contractor shall submit a

detailed and comprehensive Site Environmental Plan and shall

include such further material, which the Contractor considers

necessary and relevant.

Upon the Engineer notifying his consent to the Site Environmental

Plan, or any supplemental part thereof, the Contractor shall

adhere to the principles and procedures contained in such

document save to the extent that the Engineer may give his

consent to any amended or varied version thereof.


facilities to enable the Engineer and the Employer to monitor and

conduct tests to verify that the Site Environmental Plan is being

properly and fully implemented.

Non compliance of the provisions in contract regarding Safety,

Health and Environmental Protection shall attract non refundable

fine/damages as follows:

(i) On first observation: Rs.5,000/-

(ii) On second observation: Rs.7,000/-

(iii) On third & each subsequent observation: Rs.10,000/-

12 Sub-Clause 4.19 The Employer will not provide any machinery or materials under

the Contract.

12A Sub-Clause 4.20 The Employer will not provide any materials under the Contract.

13 Sub-Clause 4.27 The Contractor shall take all measures necessary to ensure such

security, including exercising control over all persons and vehicles

which are employed or engaged on the Site or in connection with

the Works or the other works comprising the Project and with the

security arrangements applicable to any other site within the

Project.

The Contractor shall arrange the issue of passes for the admission

of all persons and vehicles to the Site or to any part thereof and

may refuse admission to or remove from the Site any person or

vehicle failing to show an appropriate pass on demand to any duly




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authorised person.

The Contractor shall not, without the written permission of the

Engineer or otherwise in accordance with the Contract, allow

access to the Site to any person unless the presence on Site of

such person is necessary in connection with the execution of the

Works or with the discharge of the duties of any relevant authority.

The Contractor, after obtaining any necessary consent from any

relevant authority, shall submit to the Engineer proposals

showing the layout of pedestrian routes, lighting, signs, and

guarding any road opening or traffic diversion which may be

required in connection with the execution of the Works and which

the Contractor intends to construct. Any consent given by the

Engineer to such proposals shall not relieve the Contractor of any

obligation under the Contract or absolve the Contractor from any

liability for or arising from such proposals or the implementation

thereof.

All lights provided by the Contractor shall be so placed or screened

as not to interfere with signs, signals or lights. The Contractor shall

not in any way obscure or affect signs, signals or lights, in use by

any relevant authority. In the event that the Contractor does so,

the Contractor shall pay all costs associated with the re-siting, re-

instating or provision of alternatives for any sign, signal or light,

obscured or affected.

For the purposes of this Clause only, "Site" shall include off-Site

places of manufacture or storage and the Contractor's Work Areas

and shall include, areas provided to the Contractor by others.

14 -deleted-

15 Sub-Clause 5.3 Submission of Documents (Other than Design Data)

The Contractor shall submit drawings and documents, as required

by the Contract, to the Engineer in accordance with any submittal

schedule agreed with the Engineer. This submittal shall be made

sufficiently before the Works are to be carried out to give the

Engineer and the Employer reasonable time to examine the

drawings or other documents, to prepare comments and for any

changes to be accommodated by the Contractor.

Where the consent of the Engineer is required, the Engineer shall

notify the Contractor in writing of his decision either within such

period as may expressly be stipulated in the Contract or otherwise

within a reasonable time.

If the Engineer has reasonable cause for being dissatisfied with the

proposals set out in the Contractor's drawings or documents, the




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Engineer shall, require the Contractor in writing to make such

amendments thereto as the Engineer may consider necessary.

The Contractor shall make and be bound by such

amendments at no additional expense to the Employer and shall

resubmit the amended drawings or documents for Engineer‘s

consent.

Within 7 days of notification of the Engineer‘s consent the

Contractor shall provide the Engineer with the type and number of

sets of the relevant drawings or documents as stipulated in the

Employer‘s Requirement.

Should it be found at any time after notification of consent that the

relevant drawings or documents do not comply with the Contract or

do not agree with drawings or documents in relation to which the

Engineer has previously notified his consent, the Contractor shall,

at his own expense, make such alterations or additions as, in the

opinion of the Engineer, are necessary to remedy such non-

compliance or non-agreement and shall submit all such varied or

amended drawings or documents for the consent of the Engineer.

No examination by the Engineer of the drawings or documents

submitted by the Contractor, nor any consent of the Engineer

in relation to the same, with or without amendment, shall absolve

the Contractor from any of his obligations under the Contract or any

liability for or arising from such drawings or documents.

The Operation and Maintenance Manuals and drawings submitted

by the Contractor shall, if required, be updated by him during the

Defects Liability Period and re-submitted for review by the

Employer‘s Representative.

16 Sub-Clause 6.1 The Contractor shall, if required by the Employer, deliver to the

Engineer or to his office, a return in detail, in such form and at such

intervals as the Employer may prescribe, showing the number of

labour employed in different categories by the Contractor or his

sub-contractors on the Site.

17 Sub-Clause 7.0 Within 3 weeks of the date of start, the Contractor shall submit to

the Engineer, for his consent, his proposed Site Quality Plan. Any

supplement to the Site Quality Plan shall be submitted at least 14

days before commencement of the relevant work.

Upon the Engineer notifying his consent to the Site Quality Plan, or

any supplement thereto, the Contractor shall, adhere to the

principles and procedures contained in such document, except

where the Engineer gives his consent to any amended or varied

version thereof. The Contractor shall cause any sub-contractors to




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adhere to this Plan.

The Contractor shall appoint a suitably qualified and experienced

person, not otherwise engaged in the performance of the Contract,

to act as manager of the quality assurance system and shall

provide such other personnel and resources as required to ensure

effective operation of the quality assurance system. The said

manager shall carry out audits of the application of the quality

assurance system, and ensure effective quality control and delivery

of quality assurance.


facilities to enable the Engineer to carry out surveillance visits both

on and off the Site to verify that the quality assurance system is

being properly and fully implemented. No extra payment shall be

made in this regard and the cost of the Work under this element

shall be deemed to be included in the Contract Price.

18 Sub-Clause 7.10.1 The Contractor shall give, to the Engineer, 7 days' notice of the

date after which the Contractor will be ready to carry out the Tests

on Completion. Unless otherwise agreed, such Tests shall be

carried out within 7 days after this date, on such day or days as the

Engineer shall instruct.

19 Sub-Clause 7.10.2 If the Engineer opines that Tests on Completion are being unduly

delayed by the Contractor, the Engineer may by notice require the

Contractor to carry out such Tests within 7 days after the receipt of

the notice. The Contractor shall carry out such Tests on such day

or days as the Contractor may fix and of which he shall give notice

to the Engineer.

If the Contractor fails to carry out the Tests on Completion within 7

days, the Engineer may proceed with such Tests at the risk and

cost of the Contractor. The Tests on Completion then shall be

deemed to have been carried out in the presence of the Contractor

and the results of such Tests shall be accepted as accurate.

20 Sub-Clause 8.4.1 If the Contractor considers himself to be entitled to an extension of

time for Completion, he shall give notice to the Engineer of such

intention as soon as possible and in any event within 14 days of the

start of the event giving rise to the delay and full and final

supporting details of his application within 14 days of the last day of

delay, together with any notice required by the Contract and

relevant to such Clause.

21 Sub-Clause 8.5 The total contract value used in the GCC sub-clause 8.5 shall for

the purpose of levy of liquidated damages mean the total original

contract price(sum of schedule-A, B, &C of BOQ).




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22 Sub Clause 10.1 The Defect Liability Period (DLP) shall be 365 days from the date

of completion as indicated in the latest Taking Over Certificate for

the whole of the works.

Work by persons other than the Contractor

If by reason of any accident or failure or other event occurring to,

in, or in connection with the Works any remedial or other work

shall, in the opinion of the Engineer, be urgently necessary and the

Contractor is unable or unwilling at once to do such remedial or

other work, the Engineer may authorise the carrying out of such

remedial or other work by a person other than the Contractor. If

the remedial or other work so authorised by the Engineer is work,

which, in the Engineer‘s opinion, the Contractor was liable to do

under the Contract, all expenses properly incurred in carrying out

the same shall be recoverable by the Employer from the

Contractor. Provided that the Engineer shall, as soon after the

occurrence of any such emergency as may be reasonably

practicable, notify the Contractor thereof in writing.

23 Sub-Clause 11.1 The Contract price shall be quoted in Indian Rupees only.

The Contract price shall be inclusive of all taxes, duties, VAT, cess

and any other charges leviable

The rates as per the accepted bill of quantities shall be applicable

till the completion of work. During the currency of the contract, the

rates in the accepted Bill of Quantities/contract price shall be

deemed to include amounts to cover the contingency of any rise or

fall of costs and no price variation/adjustment shall be made in the

contract price on account of rise or fall in any input costs like plant/

materials/equipment/labour etc. except for the following reason :

Changes in cost due to change in law/legislation: At any time

after the due Date of submission of tender, if any new tax is

imposed which substantially impacts the performance of the

Contractor with increased cost or which results in extra financial

gains to the Contractor due to decreased cost in execution of

Works, then such additional or reduced cost shall be certified by

the Engineer after examining records provided by the Contractor

and shall be paid by or credited to the Employer.

However, change in rate of any tax, existing at the due Date of

submission of tender, will not be considered a change in

law/legislation. Any risk of change of tax rate whatsoever related to

the work lies with the contractor.

24 Sub-Clause 11.4 No amount will be certified or paid until the Employer has received,

and approved, the Performance security and the parent Company




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Undertakings and Guarantees in accordance with Sub-Clause 4.2.

Thereafter, the Engineer shall, within 7 days of receiving a

statement and supporting documents, deliver to the Employer, with

a copy to the Contractor, an Interim Payment Certificate showing

the amount which the Engineer considers to be due; if no payment

is considered to be due, the Engineer shall promptly notify the

Contractor accordingly.

25 Sub-Clause 11.5 (a) Efforts shall be made to release 100 % of the certified payment

with in shortest possible time, however, after preliminary scrutiny

and certification by the Engineer, payment of 80% of the certified

interim amount shall be made by the Employer within 7 days after

submission of interim bill by the contractor. The amount certified

shall account for all deductions, including statutory deductions,

recoveries for advances and any amounts due from the Contractor.

The balance 20% shall be paid within 14 days, from the date of the

preliminary certification of the bill by the Engineer.

26 Sub-Clause 11.6 The Contractor shall submit the six copies of a statement at

completion not later than 30 days after the issue of the Taking Over

Certificate for the whole of Works.

27 Sub-Clause 12.3 ―Employer‘s Variation‖ means a change in the Employer's

Requirements which makes necessary alteration or modification of

the Design, quality or scope of Works as described by or referred

to in the Employer's Requirements. Changes to any sequence,

method or timing of construction, manufacture or installation and

changes to any part of the Site or the Works Areas or access

thereto will not constitute Employer's Variation.

An Employer's Variation shall be requested and implemented in

accordance with and subject to the following provisions:

(a) within 14 days (or such other period as the Engineer may allow) of

the Engineer informing the Contractor in writing of the intention to

request an Employer's Variation, the Contractor shall notify the

Engineer in writing whether in his opinion the Employer's Variation

would, if ordered:

(i) give rise to any entitlement to an extension of time; or

(ii) affect the achievement of any Milestone; or

(iii) give rise to any entitlement to additional payment; or

(iv) affect the warranties of the Contractor set out in Clause 5.2 of

Special Conditions of Contract, and shall submit his

proposals as to the terms upon which he would agree to implement

the Employer's Variation.




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(b) This Engineer shall determine the amount which should be added

to or deducted from the fixed lump sum price as a result of the

Variation and get it approved by the Employer.

In assessing work covered by any sub-contract, the Engineer will

have, where he deems necessary, access to the original sub-

contract conditions, rates, prices and details of the variation

claimed, to assist in evaluating any Variations and the agreed rates

if any of major items of work/ activities, labour, plant and machinery

and where appropriate the local market rates for these items.

(c) if the Engineer withdraws the request for an Employer's Variation,

the Contractor shall have no claim of any kind whatsoever arising

out of the amount determined above. In case the Employer‘s

Variation involves omission of part of the Works, the agreement

shall address the issue of reduction in the Contract Price.

There shall be only deductions in the fixed lump price as a result of

Contractor‘s variations. The Engineer shall take prior approval of

the Employer to the aforesaid valuation. Any such amount

determined by the Engineer shall be denominated in the same

currency as the relevant parts of the fixed lump sum price.

In case of any variation, once the rates have been finalised by the

Engineer and approved by the Employer, the contractor shall be

bound to carry out with the same. No claims shall be entertained by

the Employer in this regard.

Note :

The Schedules attached to SCC may be modified as considered

necessary at the time of finalisation of the Contract.




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SCHEDULE 1

CONTRACT AGREEMENT




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PAGE 1 OF 2

FORM OF CONTRACT AGREEMENT

(Refer Clause 35 & 36 of “Instructions to Tenderers”)

This Agreement is made at New Delhi on the ___________ day of _____________ 2009 Between Delhi

Integrated Multi Modal Transit System Ltd. , 1st Floor, Maharana Pratap I.S.B.T., Kashmere Gate, Delhi-

110006 hereinafter called ―the Employer‖ of the one part and _________________ (Name of Contractor)

(Address of Contractor) ______________________________________ ____________________ of

____________ hereinafter called ―the Contractor‖ of the other part.

Whereas the Employer is desirous that (*** certain Goods and Services should be provided and) the

Works should be executed, viz. ---------- (Name of work as mentioned under Clause 1.1.1 of NIT)

hereinafter called ―the Works‖ and has accepted a Tender by the Contractor for the execution and

completion of such works (*** as well as guarantee of such works) and the remedying of defects therein.

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this Agreement words and expression shall have the same meanings as are respectively

assigned to them in the Conditions of Contract hereinafter referred to.

2. The following documents shall be deemed to form and be read and construed as part of this

Agreement, viz:

a. Notice Inviting Tender (NIT) b. Instructions to Tenderers (ITT)(Including Annexures) c. Employer‘s Requirement d. Special Conditions of Contract (SCC) e. General Conditions of Contract (GCC) f. Outline Design & Construction specifications g. Tender Drawings h. Bill of Quantities i. Form of Tender with Appendix j. Letter of acceptance (LOA) k. Addendums issued, if any l. Performance Security m. Contractor‘s Undertakings n. Any other item as applicable

3. In consideration of the payments to be made by the Employer to the Contractor as hereinafter

mentioned, the Contractor hereby covenants with the Employer to execute and

Complete the works by **________ and remedy any defects therein in conformity in all respects

with the provisions of the Contract.

4. The Employer hereby covenants to pay the Contractor in consideration of the execution and

completion of the works and the remedying of defects therein, the Total Contract Price of **Rs

_________________ being the sum stated in the letter of acceptance subject to such additions




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thereto or deductions there from as may be made under the provisions of the Contract at the

times and in the manner prescribed by the Contract.

5. The contractor shall ensure full compliance with tax laws of India with regard to this contract and

shall be solely responsible for the same. The contractor shall submit copies of acknowledgements

evidencing filing of returns every year and shall keep the Employer fully indemnified against

liability of tax, interest, penalty etc. of the contractor in respect thereof, which may arise.

6. The Courts at Delhi/ New Delhi shall have the exclusive jurisdiction to try all disputes arising out

of this agreement between the parties.

IN WITNESS WHEREOF the parties hereto have caused their respective Common Seals to be hereunto

affixed / (or have hereunto set their respective hands and seals) the day and year first above written.

For and on behalf of the Contractor

For and on behalf of the Employer

Signature of the authorized official Signature of the authorized official

Name of the official Name of the official

Stamp/Seal of the Contractor Stamp/Seal of the Employer

SIGNED, SEALED AND DELIVERED

By the said

________________________ Name

___________________

on behalf of the Contractor in the presence of:

Witness _________________

Name ___________________

Address__________________

________________________

By the said

_________________________ Name

____________________

on behalf of the Employer in the presence of:

Witness _________________

Name ____________________

Address___________________

_________________________

Note : * To be made out by the Employer at the time of finalisation of the Form of Agreement. ** Blanks to be filled by the Employer at the time of finalisation of the Form of Agreement.

*** TO BE DELETED IF NOT APPLICABLE




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SCHEDULE 2

FORMAT OF BANK GUARANTEE FOR

PERFORMANCE GUARANTEE




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(Refer Sub - Clause 4.2 of GCC)

(To be stamped in accordance with the Stamp Act of the Country of Issuing Bank)

FORM OF BANK GUARATEE FOR PERFORMANCE GUARANTEE

(Refer Clause 35.0 of ―Instructions to Tenderers‖)

1. This deed of Guarantee made this day of_________ between Bank

of________________(hereinafter called the ―Bank‖) of the one part, and Delhi Integrated Multi

Modal Transit System Ltd. (hereinafter called ―the Employer‖) of the other part.

2. Whereas Delhi Integrated Multi Modal Transit System Ltd. has awarded the contract for --

--------(Name of work as per clause 1 of NIT) (hereinafter called the contract) to

______________ (hereinafter called the Contractor).

(Name of the Contractor)

3. AND WHEREAS the Contractor is bound by the said Contract to submit to the Employer a

Performance Security for a total amount of

Rs.____________________________________(Amount in figures and words).

4. Now we the Undersigned _________________________________________________ (Name

of the Bank) being fully authorized to sign and to incur obligations for and on behalf of and in the

name of_______________________________(Full name of Bank), hereby declare that the said

Bank will guarantee the Employer the full amount of

Rs.___________________________(Amount in figures and Words) as stated above.

5. After the Contractor has signed the aforementioned Contract with the Employer, the Bank is

engaged to pay the Employer, any amount up to and inclusive of the aforementioned full amount

upon written order from the Employer to indemnify the Employer for any liability of damage

resulting from any defects or shortcomings of the Contractor or the debts he may have incurred to

any parties involved in the Works under the Contract mentioned above, whether these defects or

shortcomings or debts are actual or estimated or expected. The Bank will deliver the money

required by the Employer immediately on demand without delay and demur and without reference

to the Contractor and without the necessity of a previous notice or of judicial or administrative

procedures and without it being necessary to prove to the Bank the liability or damages resulting

from any defects or shortcomings or debts of the Contractor. The Bank shall pay to the Employer

any money so demanded notwithstanding any dispute/disputes raised by the Contractor in any

suit or proceedings pending before any Court, Tribunal or Arbitrator/s relating thereto and the

liability under this guarantee shall be absolute and unequivocal.

6. This Guarantee is valid till ………………….. (The initial period for which this Guarantee will be

valid must be for at least 90(Ninety) days longer than the anticipated expiry date of defect liability

period as stated in Clause 17.3.1 of the ―General Conditions of Contract‖.)

7. At any time during the period in which this Guarantee is still valid, if the Employer agrees to grant a

time extension to the Contractor or if the Contractor fails to complete the Works within the time of

completion as stated in the Contract, or fails to discharge himself of the liability or damages or

debts as stated under Para 5, above, it is understood that the Bank will extend this Guarantee




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under the same conditions for the required time on demand by the Employer and at the cost of the

Contractor.

8. The Guarantee hereinbefore contained shall not be affected by any change in the Constitution of

the Bank or of the Contractor.

9. The neglect or forbearance of the Employer in enforcement of payment of any moneys, the

payment whereof is intended to be hereby secured or the giving of time by the Employer for the

payment hereof shall in no way relieve the bank of their liability under this deed.

10. The expressions ―the Employer‖, ―the Bank‖ and ―the Contractor‖ hereinbefore used shall include

their respective successors and assigns.

11. Notwithstanding anything contained herein:

a) Our liability under this Bank Guarantee shall not exceed Rs…………(Rupees………)

b) This Bank Guarantee shall be valid upto …………….

c) We are liable to pay the guarantee amount or part thereof under this Bank Guarantee only

& only if you serve upon us a written claim or demand on or before………….

In witness whereof I/We of the bank have signed and sealed this guarantee on the ---------- day

of ----------- (Month) 2009 being herewith duly authorized .

For and on behalf of

The………………………….Bank.

Signature of Authorized Bank official

Name : ……………………………..

Designation : ………………………

Stamp/Seal of the Bank : ………..

Signed, sealed and delivered

for and on behalf of the

Bank by the above named___________in

the presence of :

Witness 1. Witness 2.

Signature ……………………… Signature ……………………….

Name …………………………… Name …………………………..

Address ……………………….. Address …………………………




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SCHEDULE 3

CONTRACTOR'S WARRANTY (General)




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CONTRACTOR'S WARRANTY

(Refer Sub-Clause 4.2.3 of GCC)

THIS AGREEMENT is made the day of

5.1 BETWEEN:

1. [ insert name & address of contractor ] together with its

successors and assigns

And

2. [ insert name & address of contractor ] together with its

successors and assigns,

WHEREAS

(A) By a contract ____ dated [ ] ("the Contract") made between (1) the Delhi

Integrated Multi Modal Transit System Ltd.("the Employer") and (2) [Insert

name of contractor], the Contractor has agreed to design, execute, complete, test and

commission and remedy any defect in the Works upon the terms and conditions

contained in the Contract.

(B) At the request of the Employer and pursuant to the terms of the Contract the Contractor

has agreed to enter into this Warranty.

NOW IT IS AGREED AS FOLLOWS:

1. The Contractor hereby warrants and undertakes that:

(a) he will design, execute, complete, test and commission and remedy any defect in the Works in accordance with the terms of the Contract; and

(b) he owes a duty of care to the Employer in relation to the performance of its duties

under the Contract; and

(c) he will replace free of cost to the Employer any defect or failure of equipment

provided in the Works for a period of 365 days date of Taking Over of the

Works; and

(d) he agrees that should any design modification be required due to any defect, the

period of 365 days months shall re-commence from the date when the modified

part is commissioned into service, and such modification shall be carried out free

of cost to the Employer in all sub-systems and systems for all sections; and




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2. The liability of ] the Contractor under this Warranty shall not be released, diminished or

in any way affected by any independent inquiry or investigation into the Works or any

matter related to the Contract whether carried out by or on behalf of the Employer or any

liability or right of action which may arise out of such inquiry or investigation.

3. Insofar as the copyright or other intellectual property rights in any plans, calculations,

drawings, documents, materials, plant, know-how and other information relating to the

Works shall be vested in the Contractor, the Contractor grants to the Employer his

successors and assigns a royalty free, non-exclusive and irrevocable licence (carrying

the right to grant sub-licences) to use and reproduce any of the works designs or

inventions incorporated and referred to in such documents or materials and any such

know-how and information for all purposes relating to the Works including without

limitation the design, execute, complete, test and commission reinstatement, extension

and the remedy of any defect in the Works. . For the avoidance of doubt, any such

licence granted shall not be determined if the Contractor shall for any reason cease to

be employed in connection with the Works.

4. The provisions of this Warranty shall be without prejudice to and shall not be deemed or

construed so as to limit or exclude any rights or remedies which the Employer may have

against the Contractor, whether in tort or otherwise.

5. Nothing contained in this Warranty shall vary or affect the Contractor's rights and

obligations under the Contract.

6. The address for service of all documents arising out of or in connection with this

Warranty shall be:-

(a) upon the Employer at [ ] India.

(b) upon the Contractor at [ ] India.

7. The Employer and the Contractor may change their respective nominated addresses to

another address in India but only by prior written notice to each other. All notices must

be in writing.

8. This Warranty shall be governed by and construed according to the laws for the time

being in force in India.

9. Any dispute or difference of any kind whatsoever between the Employer and the

Contractor arising under out of or in connection with this Warranty shall be referred for

resolution as per the procedure provided for in the contract. ―Dispute‖ as defined in the

Contract shall be deemed to include any such dispute or difference between the

Employer and Contractor.




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10. Subject to the foregoing provisions of this clause 9, the Employer and the Contractor

shall submit to the jurisdiction of the Courts of India at Delhi.

IN WITNESS whereof this Warranty has been executed as a deed on the date written at the

head hereof.

THE COMMON SEAL of )

[ ] )

was affixed hereto in )

the presence of:- )




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SCHEDULE 4

CONTRACTOR'S WARRANTY

(For waterproofing works)




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CONTRACTOR'S WARRANTY FOR WATER PROOFING

The Agreement made this............................. day of .......................... Two thousand

........................ between.......................... [Name & address of Contractor]

(________________________(hereinafter called ―the Contractor‖ which expression shall unless

the context requires otherwise include its administrators, successors, and assigns) of the one part

and Delhi Integrated Multi Modal Transit System Limited [Name & address of

Employer] (hereinafter called the Employer/DIMTS which expression shall unless the context

requires otherwise include its administrators, successors, and assigns )of the other part.

WHEREAS THIS agreement is supplementary to a contract (hereinafter called the Contract)

dated....................... and made between the Contractor of the one part and Employer/DIMTS of

the other part, whereby the Contractor interalia, undertook to render the buildings and structures

in the said contract recited completely water and leak-proof.

AND WHEREAS the Contractor agreed to give a warranty to the effect that the said structures will

remain water and leak-proof for ten years from the date of giving of water proofing treatment.

NOW the Contractor hereby warrants & undertakes that water proofing treatment given by him will

render the structures completely leak-proof and the minimum life of such water proofing treatment

shall be ten years to be reckoned from the date after the maintenance period prescribed in the

contract.

Provided that the Contractor will not be responsible for leakage caused by earthquake or misuse

of structure/roof or alteration and for such purpose:

a) misuse of structure/roof shall mean any operation which will damage proofing treatment, like

chopping of fire wood and things of the same nature which might cause damage to the

roof/structure;

b) alteration shall mean construction of any additional structure adjoining to existing

roof/structure whereby water proofing treatment is removed in parts;

c) The decision of the Engineer/Employer with regard to cause of leakage shall be final.

During this period of warranty the Contractor shall make good all defects and in case of any defect being found render the structure water proof to the satisfaction of the Engineer/Employer at his cost and shall commence the work for such rectification within seven days from the date of issue of the notice from the Engineer/Employer calling upon him to rectify the defects.




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The provisions of this Warranty shall be without prejudice to and shall not be deemed or

construed so as to limit or exclude any rights or remedies which the Employer may have against

the Contractor, whether in tort or otherwise .

Nothing contained in this Warranty shall vary or affect the Contractor's rights and

obligations under the Contract.

The Employer and the Contractor may change their respective nominated addresses to

another address in India but only by prior written notice to each other. All notices must

be in writing.

This Warranty shall be governed by and construed according to the laws for the time

being in force in India.

Any dispute or difference of any kind whatsoever between the Employer and the

Contractor arising under out of or in connection with this Warranty shall be referred for

resolution as per the procedure provided for in the contract. ―Dispute‖ as defined in the

Contract shall be deemed to include any such dispute or difference between the

Employer and Contractor.

4. Subject to the foregoing provisions above clause, the Employer and the Contractor

shall submit to the jurisdiction of the Courts of India at Delhi.

5. IN WITNESS whereof this Warranty has been executed as a deed on the date written at

the head hereof.

SIGNED, Sealed and Delivered by Contractor

in the presence of 1. ---------------------- 2. ----------------------

SIGNED FOR AND ON BEHALF OF THE

DIMTS, BY..................

in the presence of:-

1. ------------------- 2. -------------------




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SCHEDULE 5

FORMAT OF BANK GUARANTEE FOR

ADVANCE PAYMENT




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FORMAT OF BANK GUARANTEE FOR ADVANCE PAYMENT

To, The Delhi Integrated Multi-Modal Transit System Limited 1st Floor, Maharana Pratap ISBT Building, Kashmere Gate, Delhi-110006

______________________________________________________[Name of Contract]

Sir,

In accordance with the provisions of the general conditions of contract clause _____,

____________________________[Name and Address of Contractor](hereinafter called the

Contractor) shall deposit with the Delhi Integrated Multi-Modal Transit System Limited, 1st Floor,

Maharana Pratap ISBT Building, Kashmere Gate, Delhi-110006 a bank guarantee to guarantee

his faithful performance under the said clause of the contract in an amount of

Rs._____________(Rupees ________________)[Amount of Guarantee].

We, the __________________________________[Name and Address of Bank] , as instructed

by Contractor, agree unconditionally and irrevocably to guarantee as primary obligatory and not

as surety merely, the payment to the Delhi Integrated Multi-Modal Transit System Limited on his

first demand without whatsoever right of objection on our part and without his first claim to

Contractor, in the amount not exceeding Rs. _______(Rupees ____________)[Amount of

Guarantee].

We further agree that no change or addition to or other modification of the terms of the Contract

or of the works to be performed thereunder or of any of the contract documents, which may be

made between you and the Contractor, shall in any way release us from any liability under this

guarantee and we hereby waive notice of any such change, addition or modification.

This guarantee shall remain valid and in full effect from the date of the advance payment under

the contract until the Delhi Integrated Multi-Modal Transit System Limited receives full

repayment of the same amount from the Contractor.




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The liability of the Bank under this bank guarantee shall not be affected by any change in the

constitution of the Contractor or of the Bank.

This Guarantee will remain valid and in force upto _________[Date]¹.

Notwithstanding anything contained herein above, our liability under this guarantee is restricted

to Rs.______(Rupees _______________) and the guarantee shall remain valid till _________ .

Unless a claim or a demand in writing is made upon us on or before ________ all our liability

under this guarantee shall cease.

DATE ___________

SIGNATURE OF THE ISSUING AUTHORITY OF THE BANK __________________

SEAL OF THE BANK _____________________

ADDRESS OF THE BANK ___________________

IN THE PRESENCE OF

SIGNATURE OF THE WITNESS ________________

NAME AND ADDRESS OF THE WITNESS ________________________

¹ Upto the end of contract period .

Note : Bidders are not required to fill/complete this form at the time of Bid Submission.

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6. OUTLINE DESIGN &

CONSTRUCTION SPECIFICATION




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A. CONSTRUCTION SPECIFICATIONS 1. GENERAL 1.1 Unless otherwise specified in the nomenclature of individual item or in these

specifications, the entire work shall be carried out as per CPWD specifications with up to date correction slips up to the date of opening of the Tender.

1.2 The measurements of component of work shall be in metric units. 1.3 For the item not covered in CPWD Specifications, the work shall be executed as per

latest relevant standard codes published by BIS (formerly ISI) inclusive of all amendments issued thereto or revision, if any, up to the date of opening of tenders.

1.4 In case the BIS codes/CPWD specifications are not available for any work, the work shall be executed as per latest relevant standard codes published by American Standards published by ASTM (American Society for Testing and Materials) standards or British Standards (BS) published by BSI (British Standards Institution) inclusive of all amendments issued thereto or revision, if any, up to the date of opening of tenders.

1.5 In case no codes/specifications are available for a particular work, the decision of the Engineer based on acceptable sound engineering practice and local usage shall be final and binding on the contractor.

1.6 The rates of different items of works shall be for all height, lifts, leads and depths of the building except where otherwise specified in the item of work or in special conditions appended with the RFP.

1.7 All materials to be used in the works shall bear I.S. Certification marks unless otherwise the make specified in the item or special conditions appended with tender document. In case IS marked materials mentioned in the tender document are not used due to non availability, the materials used shall conform to IS codes applicable in this contract. In such cases the Engineer shall satisfy himself about the quality of such materials and give his approval in writing. Only articles classified as First Quality by the manufacturer shall be used unless otherwise specified. All materials not having IS marking shall be tested as per provision of the mandatory Tests in relevant IS specifications.

1.8 The Engineer may relax the condition regarding testing if the quantity of materials required is small. For the products bearing ISI certification mark, no further testing is required at site. In all such cases of use IS certified materials proper proof of procurement of materials from authentic manufacturers shall be provided by the Contractor to the satisfaction of Engineer.

1.9 Unless otherwise specified in the bill of quantities, the rates for all items of work shall be considered as inclusive of all operations required for which no extra payment will be made.

1.10 The contractor shall clear the site thoroughly of all the scaffolding materials and rubbish etc. left out of his work and dress the site around the building to the satisfaction of the Engineer before the work is considered as complete.

1.11 The rates quoted for all the brick/concrete work shall be deemed to include making openings, shall cut, leave or form holes, recesses, chases etc and making good these with cement-sand mortar (1:3)/PCC (1:2:4) or with the specifications as directed by the Engineer. No extra payment shall be made to the Contractor on this account.

1.12 Where ever IS/BIS codes are mentioned in CPWD Specifications or in these specifications the latest codes with up to date amendments shall be used.




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2. MATERIALS 2.1 Water:

Clean, fresh, potable water confirming to Clause 4.3 of IS 456 shall be used for mixing all concrete, grout, mortar, curing, etc. This shall be free from all deleterious matter in solution or in suspension and obtained from an approved source.

2.2 Cement:

Cement used shall be ordinary Portland (43/53 grade) confirming to specification IS 8119 unless otherwise specified elsewhere. Contractor shall procure the cement required for the project as the work proceeds at site.

2.3 Coarse Aggregate:

Coarse aggregates (in case any) shall consist of crushed or broken stone 95% of which shall be retained on 4.75 mm Sieve. It shall be obtained by crushing Granite, Quartzite, Trap, Basalt or similar approved stones from approved quarry and shall conform to IS 381 and IS 515. Coarse aggregate shall be chemically inert when mixed with cement and shall be cubical in shape and free from soft, friable, thin, porous, laminated or flaky pieces. It shall be free from dust and any other foreign materials.

2.4 Sand:

Sand shall confirm to IS 383 and relevant portion of IS 515. It shall be from natural source or crushed stone screening(if allowed), chemically inert, clean, sharp, hard, durable, well graded and free from dust, clay, shale, large pebbles, salt, organic matter, loam, mica or other deleterious matter.

2.5 Bricks:

Bricks for general masonry works shall be first class well burnt, uniform in size and shape, red cherry or copper in colour and of class designation 75, free from cracks, flaws or nodules or free lime and emit clear ringing sound when struck. Fractured surface shall show uniform texture free from grit, lumps holes, etc. Compressive strength of brick shall be 75 kg/sqcm. Water absorption after 24 hrs immersion shall not exceed 15% by weight for common bricks and 12% for face bricks. Dimension tolerance shall not exceed 8% for of the size shown for common bricks and 3% for face bricks. All bricks shall have rectangular face and sharp edges. The bricks shall show no efflorescence after soaking in water and drying. Each brick shall have the manufacturers identification mark clearly on the frog.

2.6 Scaffolding: All the scaffolding before installation shall be checked by the Contractor‘s Engineer for their strength and fitness and tied up properly. Steel/Aluminum scaffolding is to be used. Where scaffolding is necessary, it shall be erected on double support, independent of the work having two sets of vertical supports. Holes shall not be made in the wall for support. Planks shall be fixed and tied together. In case of finishing work such as plastering, painting, distempering, etc. no part of the scaffolding shall touch the structure. Where ladders are used, gunny bags shall be tied up at the ends to protect any damage to work by sliding or tipping. In case of ceiling plaster stage scaffolding shall be provided and it shall be independent of walls.

2.7 Paints and primers:

These shall be ready mixed of approved brands conforming to latest IS standards. All material required for the works shall be of specified and approved manufacturer, delivered to the site in the manufacture's containers with the seals, etc., unbroken and




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clearly marked with the manufacture's name or trade mark with a description of the contents and colour. All materials are to be stored on the site of work.

2.8 Timber:

All internal frame works shall be of Central Province Teak Wood (C.P.T.W) unless otherwise specified. All exposed woodwork shall be of first quality B.T.C. grade teak only or as specified. All the wood shall be properly seasoned, natural growth and shall be free from worm holes, loose or dead knots or other defects, saw die square and shall not suffer warping, splitting or other defects. The moisture content shall not exceed 12%. AII B.T.C, C.P teak wood and must be approved by the Engineer before using. All internal frame work shall be treated with approved wood preservative. All wood brought to site shall be clean, should not have any preservative or other coating/covering. All rejected, decayed bad quality wood shall be immediately removed from site. All wood brought to site must be stacked stored properly as per instruction.

2.9 Flame Retardant Fabrics:

The fabric (in case any) should be made of 100 % permanently inherent Flame Retardant Polyester Fiber modified with Methylphospholane whose Flame Retardancy does not diminish either with ageing or repeated washing. The fabric should be no allergenic and should have easy stain cleansibility. It should also not nourish bacteria.

Weight : 330 to 390 gms/sq.m

Weave: Plain/Dobby or Jacquard as required

Shrinkage: Less than 1 %

Toxicity: Less than 1

(Test report of Flammability test to be submitted within seven days of supplies.) 2.10 Nails, Spikes and Bolts:

Nails, spikes and bolts shall be of lengths and weights approved by the DIMTS. Nails shall comply with IS 1959-1960 or approved equivalent quality sample. Brass headed nails are to comply with B.S. 1210. Wire staples shall comply with B.S. 1994 or equivalent.

2.11 Glass:

All glass to be 1 hour fire rating clear glass of approved manufacturer as per approved quality and sample to be of the selective qualities specified and free from bubbles, smoke, wanes, waviness, air holes and any other defects. The compound for glazing to metal is to be a special non-hardening compound manufactured for the purpose and of a brand and quality approved by the Engineer. Fire rated glass of minimum 6.0 mm thickness shall be used for single glazed aluminum partitions and doors.

2.12 Polish: 2.12.1 French polish:

The basic material shall be shellac dissolved in methylated sprit. 2.12.2 Wax Polish:

Wax polish shall contain silicons and driers. A good silicon wax is to be used, not a creamy or spray.

2.13 Laminates:

Laminates where specified shall be of approved brand, type, texture and thickness and manufactured as per IS: 2046 -1969. Unless otherwise indicated laminates shall be 1.5 mm thick for horizontal surfaces and 1.0 mm thick for vertical surfaces.




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2.14 Iron Mongery:

All finish hardware shall be well made, reasonably smooth and free from sharp edges and corners flaws and other defects and shall be as per relevant Indian Standard Code(s). Unless otherwise required, all finish hardware shall be polished brass. All hardware shall be of approved make and shall be specifically got approved by the Engineer before ordering.

2.15 Plywood / MDF / PLP / Commercial Boards etc.

Plywood / medium density fiberboard / blockboard / teak particleboard / veneered board, etc. as specified in the approved list of manufacturers shall only be used. Only B.W.P grade phenol formaldehyde bonded hot pressed plywood generally confirming to I.S.I 303 of approved make shall only to be used. Marine plywood shall generally confirm to I.S. 710-1980 and also to Defense/Navy specification, bonded with phenol formaldehyde treated with Wood preservative. Only teak wood particle board shall be used, particle board shall be phenol formaldehyde and generally confirm to I.S. 3087-1965.Only 3mm to 4mm thick straight grained group matching approved veneers shall be used. Only veneers laminated from species like teak, maple white cedar, rosewood, White cedar, walnut, and mahogany shall be considered for approval and use. Blockboard shall be equal or superior quality to that laid down in B.S. 3444 with one of the following I.S Specifications or such approved adhesives: I.S.I 851-1957: Synthetic resin adhesive for construction works in wood. I.S.I 849-1957: Cold setting case in glue for wood. Blockboard shall be generally conforming to I.S.I. 1959-1960 or as per approved sample. Medium Density Fiber (MDF) Boards shall generally confirm to or Exterior quality than that laid down in B.S. 1142-1989 and I.S: 12406 - 1988.

2.16 UPVC Windows:

Providing and fixing UPVC panelled and glazed windows with frames. Glazing with 6mm thick float glass on both sides including fittings and fixtures insulation material etc. The window material should have the property of acoustic insulation, thermal insulation, and water tight, fire resistant, and termite resistant as per ISI / BS specification of required shape, size and design as per approval of Engineer-in-charge.

2.17 Parquet timber:

Any form of parquet flooring in cross-directional pattern. The storage of the boards will be under cover and at least 200 mm off the ground or concrete surface. The timber material should be kiln dries and machined within the range of 10-15% moisture content. The design and colour to be approved by the Engineer. Other technical details are :

Humidity of the wood: 9% ±2%

Parquet floor board size: thickness: 22 mm width: 60-70 mm length: 240-500 mm

Dimension tolerance: ±0.2 mm

Quality tolerance: Sound knots, set, not larger than 10 mm. Partially decay knots, set, not larger than 5 mm. No sapwood. No unnatural discolorations. Shallow superficial cracks, not longer than 15 mm. Sporadic front cracks, single, not longer than 5 mm, affecting the upper side.

2.18 Kota Stone:




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The stone tiles shall be of selected quality, hard, sound, dense and homogeneous in texture free from cracks, decay, weathering and flaws. They shall be hand or machine cut to the requisite thickness. They shall be of the colour indicated in the drawings or as instructed by the Engineer.

The tiles shall have the top (exposed) face polished before being brought to site, unless otherwise specified. The tiles shall conform to the size required. Before starting the work the contractor shall get the samples of tiles approved by the Engineer.

3. WORKS 3.1 Brickwork:

Bricks shall be laid in English Bond unless otherwise specified. Joints should be raked to minimum depth of 15 mm with raking tool during progress of work. The thickness joint in brickwork shall not exceed 1 cm for all class of brickwork.

3.2 Removal of Debris:

The material shall be packed in gunny sacks/plastic bags and taken down by the service staircase after taking prior permission from the client on a daily basis carting away of Debris: Trucks shall clear the debris from premises after taking the permission from the client. In case of non-removal of debris on the same day, a penalty of Rs. 1000/- per day shall be levied and deducted from the bill of the contractor.

3.3 Line Out:

Site dimensions to be checked as per the drawings & any discrepancy in the same to be identified. Discrepancy to be immediately conveyed to the Engineer for the rectification. For the line out white paint or lime or be used & marking of all walls, partitions, doors, fix storage units, to be done in right angle. Layout of Raceways to be done as per the electrical & Furniture layout along with the junction box.

3.4 Plastering:

The bidder shall furnish all materials labor scaffolding equipments tools plant and incidentals necessary and required for the completion of all plaster and wall finishes, subject to the approval by DIMTS. All plaster work and other wall finished shall be executed by skilled workmen in a workman like manner and shall be of the best workmanship and in strict accordance with the dimensions on drawings subject to the approval of the DIMTS.

The primary requirement of plaster work shall be to provide absolutely water tight enclosure (vapor barrier coating), dense, smooth and hard and devoid of any cracks on the interior or exterior. Masonry and concrete surfaces, which call for applications of plaster, shall be clean, free from efflorescence, damp and sufficiently rough and keyed to ensure proper bond, subject to the approval of the DIMTS.

3.5 Joinery in Wood Work:

Joinery is to be prepared immediately after the placing of the contact framed up, bonded and wedged up. Any portions that are wrapped or found with other defects are to be replaced before wedging up. The whole of the work is to be framed and finished in a proper workman like manner in accordance with the detailed drawings, wrought and whenever required fitted with all necessary metal ties, straps, belts, screws, glue etc. running beaded joints are to be cross tongued. Jointers work generally to be finished with fine sand/glass paper. All joints will be standard mortise and tenon, dowel, dovetail, and cross-halved. Nailed or glued butt joints will not be permitted. Screws, nail etc. will




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be stated, from or wire of oxidized 'Nettle Fold' make unless specified where mortise and tenon joints are used, tenons should fit the mortises exactly. Nailed or glued butt joints will not be permitted, except in exceptional cases with approval of DIMTS.

Where screws shown on a finished surface, these will be sunk and the hole plugged with wood plug of the same wood and grains of the finished surfaces unless detailed otherwise. Nail on finished surfaces will be neatly punched and the hole filled with wood filler to match the color.

Should joints in joiner's work open, or other defects arise within the period stated for defect liability in the contract and the cause thereof be deemed by DIMTS to be due to such defective joinery shall be taken down, and refilled, redecorated and/or replaced if necessary and any work disturbed shall be made good at I the Bidder's expense.

The contact surfaces of dowel, tennons, wedges, etc. shall be glued with an approved adhesive. Where glued, joinery and carpentry work is likely to come into contact with moisture, the glue shall be waterproof. All dovetail joints shall be further strengthened with M.S. cleats for cabinet furniture like tables, storage units, etc.

3.6 Glazing:

While cutting glass, proper allowance be made for expansion. Each square of glazing to be on whole sheet. On completion of work clean all glass inside and outside, replace all cracked scratched and broken panes and leave in good condition.

3.7 Painting:

Spray painting with approved machines will be permitted only if written approval has been obtained from the Engineer prior to painting. No spraying will permitted in the case of priming coats where the soiling of adjacent surfaces is likely to occur. The nozzle and pressure to be so operated as to give an even coating throughout to the satisfaction of the Engineer. The paint used for sprayings is to comply generally with the specifications concerned and is to be specially prepared by the manufacturer for spraying. Thinning of paint made for brushing will not be allowed Wood preservative shall be Solignum, Termiseal or other equal and approved impregnating wood preservative and all concealed woodwork shall be treated with wood preservative.

All brushes, tools, pots, kettles, etc. used in carrying out the work shall be clean and free from foreign matter and are to be thoroughly cleaned out before being used with a different type of class of material.

All iron or steel surfaces shall be thoroughly scraped and rubbed with wire brushes and shall be entirely free from rust, mill scale, etc. before applying the priming coat. Surfaces of new woodwork which are to be painted are to be rubbed down, cleaned down to the approval of the Engineer. Surfaces of previously painted wood work which are to painted are to be cleaned down with soap and water detergent solution or approved solvent to remove dirt, grease, etc. Whilst wet the surface shall be flattened down with a suitable abrasive and then rinsed down and allowed to dry. Minor areas of defective paint shall be removed by scraping back to a firm edge and the exposed surface touched in with the primer as described and stopped with putty. Where woodwork has been previously painted or polished and is to be newly polished, scraping, burning off or rubbing down, should be carried out properly.

Surfaces of previously painted metal which shall be painted are to be leaned down and flattened down as described in surfaces of any rust and loose scale shall be removed completely by chipping, scraping and wire brushing back to the bare metal touched in




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with primer as described. All painting on masonry or concrete surface shall preferably be applied by roller. If applied by brush then same shall be finished off with roller.

All paints shall be of approved make. Minimum two finishing coats of paint shall be applied over a coat of primer. The thinner shall not be used with textured paint (Sandtex Matt or equivalent) finish. Acrylic emulsion paint shall be as per IS: 5411 (Part-I). Oil bound distemper shall be as per IS: 428. Cement paint shall conform to IS: 5410, white wash/color wash shall conform to IS: 627. Fire resistant transparent paint as per IS: 162 shall be provided on all wood work over French polish of flat oil paint. French polish shall conform to IS: 348. Flat oil paint shall conform to IS: 137.

All fire exits shall be painted in post office red/signal red color shade, which shall not be used anywhere else except to indicate emergency or safety measure.

For painting on concrete, masonry and plastered surface IS: 2395 shall be followed. For painting on wood work IS: 2338 shall be followed. For painting on steel work and ferrous metals, IS: 1477 shall be followed. The type of surface preparation, thickness and type of primer, intermediate and finishing paint shall be according to the painting system adopted. Bitumen primer used in acid/alkali resistant treatment shall conform to IS: 158. All plastered areas above false ceiling shall be provided with two or more coats of white wash.

3.8 Polishing: 3.8.1 French polish: 3.8.1.1 Preparation: The timber must be well sanded and cleaned and the grain filled with grain

filler. Any staining must be done before applying the polish. 3.8.1.2 Equipment: The polishing rubber, the most important implement in French polish shall

consist of a pad of cotton wool, which acts as a reservoir for the polish, and a cover of a soft white linen or cotton fabric similar to a well worn handkerchief, which acts as filler. The rubber must never be dipped into the polish on to the pad with the cover removed.

3.8.1.3 Application: Work evenly over the surface with a slow figure-of-eight motion until the timber is coated with a thin layer of polish. The object is to apply a series of thin coats, allowing only a few minutes for drying between the coats. When a level and even bodied surface is obtained the work is ready for the second stage i.e. spiriting off. Allowing the work to stand for at least eight hours, then take a fresh rubber with double thickness of cover materials and charge it with methylated spirit. The object of spiriting off is to and remove the rubber marks and to give the brilliance of finish.

3.8.1.4 Finally, work in the direction of the grain and continue until the surface is free from smears and rubber marks then leave to harden off.

3.8.2 Wax polish: 3.8.2.1 Preparation: The timber shall be sealed first with another finish such as Ronseal, before

applying the wax. 3.8.2.2 Application: Apply a light coat of the sealer by brush or cloth direct to the unfilled timber,

working it well in and finishing evenly with the grain. Allow to dry thoroughly then sand lightly with fine abrasive paper. Apply a heavy coat of wax by cloth or on flat surfaces, with a stiff brush. Work well into the timber and finish off by stroking with the grain before leaving to harden. Leave for several hours before rubbing up with a soft brush. Finally, buff the grain with a soft doth.

3.8.3 Transparent Coloured Polyurethane (Melamine): 3.8.3.1 This shall be applied where natural grain of the wood is required to be shown.

Polyurethane gives tough surface, which resists chipping, scratching and boiling water.




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3.8.3.2 Application: Clean off all grease and wax with an abrasive and white spirit, this should not be applied in humid conditions. Apply the same coat, preferably of clear hard glaze with a cloth pad. Leave this to dry for at least six hours, then apply for the coat with paint brush-off. Wait for longer than 24 hours between coats, rubbed down the previous coats with fine glass paper or medium grade of steel wool. Obtain a matt finish, if required, by giving a final coat of clear Ronseal Matt Coat.

3.9 Laminating woodwork/boards:

Fixing of laminates shall be done as per best trade practices and strictly as per printed instructions of the manufacturers using Phenol Formaldehyde Synthetic Resin Adhesive of approved make.

3.10 Iron Mongery:

No fittings and fixtures shall be fixed before all major work is over. While fixing correct handling of fixtures shall be ensured. All finish hardware shall be fixed by skilled Carpenters experienced in this work. Work shall be done as per manufacturers printed instructions and to the satisfaction of the Engineer. All hardware fixed to respective locations shall be adequately protected from damage and splashes of mortars and paints by covering suitable with Jute Cloths / Black PVC sheet till handing over of the work to the to his satisfaction. The finished hardware shall be absolutely clean without any foreign materials and fully showing the original finish in its best condition.

3.11 Flame retardant fabric:

The fabric, is used, will be fixed with foam backing over pin-up board with teak beading. 3.12 Skirting-I:

Skirting as per architectural drawings on Gypboard Partitions shall be provided. 3.13 Privacy Film:

Providing & fixing frosted film of approved make on glazed partitions/doors made to approve design with Room Names plotted in it.

3.14 Writing Boards:

Providing & placing in positions as instructed, Magnetic Writing Boards having glossy surface made from steel framed with elegant natural anodized aluminum profiles and rounded plastic corners of approved type and makes.

3.15 POP punning:

Providing and applying average 12mm thick P.O.P. punning on all exposed portions of beams, columns and walls as directed by the consultants including mixing, scraping, and leveling the surface, cleaning and complete in all respects to receive the paints & finishes.

3.16 False Ceiling system: 3.16.1 Tile ceiling:

False ceiling already shall be provided and fixed with 600mm x 600mm manufactured out of 0.50 mm thick rolled coil coated on continuous paint line. The same shall include several leveling stages. These tiles shall have a flange on each end, which shall be laid on the exposed 'T' grid. The tiles can be laid and easily removed without the aid of special tools. All tiles shall have Tegular / Beveled edges. Galvanized tiles shall be achromatized for maximum bond between metal and paint, enameled twice under high temperature; one side with full primer and finish coat, the other side (inner side) with a full primer coating and a skin coat on a continuous paint line.




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3.16.2 Gypboard ceiling:

12.5mm thick tapered edge gypsum board shall be used conforming to IS:2095-Part 1. Fixing of frame work made of special sections power pressed from M.S. sheet and galvanised in accordance with zinc coating of grade 350 as per IS: 277 and consisting of angle cleats of size 25mm wide x 1.6mm thick with flanges of 22mm and 37mm at 1200mm centre to centre one flange fixed to the ceiling with dash fastener 12.5mm dia x40mm long with 6mm dia bolts to the angle hangers of 25x25x0.55mm of required length, and other end of angle hanger being fixed with nut and bolts to G.I channels 45x15x0.9mm running at the rate of 1200mm centre to centre to which the ceiling section 0.5mm thick button wedge of 80mm with tapered flanges of 26mm each having clips of 10.5mm at 450mm centre to centre shall be fixed in a direction perpendicular to G.I. channel with connecting clips made out of 2.64mm diax230mm longG.I. wire at every junction including fixing the gypsum board with ceiling section and perimeter channels 0.5mm thick 27mm high having flanges of 20mm and 30mm long, the perimeter of ceiling fixed to wall partition with the help of rawl plungs at 450mm centre to centre 25mm long drive-all screws @ 230mm interval including jointing and fixing to a flush finish of tapered and square edges of the board with recommended filler, jointing tapes, finisher and two coats of primer suitable for board as per manufactures specification and also including the cost of making openings for light fittings, grills, diffusers, cutouts made with frame of perimeter channels suitably fixed all complete as per drawing and specification and direction of the Engineer but excluding the cost of painting the gypsum board.

3.17 Flooring The tiles shall be laid in pattern as per architectural drawings. Nothing extra shall be paid for laying tiles in specific pattern. The tiles shall be of first quality of approved make. Proper gradient shall be given to flooring for toilets, pantry, etc., so that the wash water flows towards the direction of floor trap. Any reverse/incoherent slope if found, these shall be made good by the contractor by ripping open the floor/grading concrete and nothing shall be paid for such rectifications. Samples of flooring material are to be deposited well in advance to the Engineer-in-Charge for approval. No payment whatsoever will be made for these samples. Nothing extra shall be paid for use of cut/sawn tiles in the work.

3.18 Partitions:

Double Gypboard partition with same specifications above with glass wool insulation inside shall be provided as required. For the critical areas all the exposed walls shall have such partitioning from inside.

Partitions frame for the store area must be done fire retardant. 3.19 Doors:

Solid Fire doors with view panel of approved with fire rated view panel having minimum one hour fire rating for the Data Centre main entrance & entrance from the Command center area, including laminate finish on both sides, door frame, fixing of hydraulic door closer, handles, cleaning and complete in all respects. The fire retardant enamel paint required for finishing the door frames is to be painted as per specifications. Vision Panel to be incorporated in the doors.

Note: Only water soluble adhesives such as 'Fevicol' SR or equivalent shall be used. Thinner based quick drying rubberized adhesives shall not be permitted. The size of the door frames shall be 100 mm x 53 mm with single rebate frame.




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3.20 Furniture:

All the furnitures & Workstations must be made of water-proof board on top & sides. EBCO make keyboards on sliding channels. Entire table to be duco painted. The desk top will be 19mmthk. & edges shall be factory post-formed. The desk shall have the necessary drawers, keyboard trays, cabinets, etc. along with sliding / opening as per design, complete with approved quality drawer slides, hinges, locks, etc. Note: Only water soluble adhesives such as 'Fevicol' SR or equivalent shall be used. Thinner based quick drying rubberized adhesives shall not be permitted.

3.20.1 Full height storage:

Providing, making & fixing storage cabinets in the storage area will be under vendor scope. Make of the storage cabinets has to be approved by DIMTS. DIMTS shall not permit the installation of storage cabinet without prior approval.

3.21 UPVC windows:

The windows for the openings as marked in the architectural drawings shall be fabricated to the customized space for fixing. The contractor shall measure the dimensions required as on site and get the design of the paneling (openable/closed) by the Engineer before execution. The gap in between UPVC frame & adjacent RCC/Brick/Stone work shall be filled by providing weather silicon sealant as per direction of the Engineer.

3.22 Parquet flooring:

Tongues and grooves must ensure proper contact of the flooring units when laid on floors in order to prevent from slits in the surface.

3.23 Kota stone flooring:

Dressing: Every tile shall be machine cut to the required size and shape and fine chisel dressed on the sides to the full depth so that a straight edge laid along the side of the stone shall be in full contact with it. The sides (edges) shall be table rubbed with coarse sand or machine rubbed before paving. All angles and edges of the slabs shall be true, square and free from chippings and the surface shall be true and plane. The thickness of the tile after it is dressed shall be 25mm with a tolerance of ±2 mm shall be allowed for the thickness. In respect of length and breadth of tiles tolerance of ± 2 mm for machine cut slabs shall be followed.

Preparation of surface, laying, polishing and finishing of Kota stone flooring shall be executed as given in latest CPWD Specifications.

3.24 False flooring system:

Panels:

The false floor panels shall be steel cementitious panels (steel welded filled with cementitious materials) with bare top surface for provision of required flooring in data centre and workstation area as given in architectural drawings. The levels of the floors of the data center and stairs in the workstations area in command center have to be raised to the required height as given in architectural drawings. The panels must be fire resistant, corrosion resistant and electrical insulation as per relevant standards. The panels shall be supplied with all the necessary accessories like panel lifters, outlet boxes, electrical boxes, aluminium grills, etc. as required by the design proposed. Size




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of the panels must be approved by the Engineer before supply. Thickness of panels shall be between 30-35mm. The panels must have the requisite load (both concentrated & UDL) bearing capacities with a design safety factor of minimum 2.

3.25 Base pedestals:

The base must be of min 25 mm dia of required height fixed to the sub-floor by applying araldite and using fasteners at a distance of 600 mm c/c. The rod of the head shall be inserted into the pipe of the base and checknuts turned in desired direction to attain uniform height. The head of pedestal and stringers shall be made of mild steel with provision for level adjustment.

3.26 Anti-termite treatment (ATT)

The ATT will be carried out as per IS code 6313 Parts 1-3.




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B. DESIGN SPECIFICATIONS

Sl.


8. Temperature 16 deg centigrade to 23

deg centigrade

Across all horizontal and vertical

cross sections the temperature has

to be maintained.

The temperature has to be

maintained when 41 servers, 5TB

storage, Two 24 port Gigabit

Switch, one CISCO firewall and one

CISCO router

9. Humidity 40% - 55% (as

recommended by ASHRAE)

at all points (including those

less than 1 m from the AC

and those less than 1 m

from the servers)

Across all horizontal and vertical

cross sections the temperature has

to be maintained.

The humidity %ge has to be

maintained when 41 servers, 5TB

storage, Two 24 port Gigabit

Switch, one CISCO firewall and one

CISCO router are operational

10. Water leakage

incidents

zero

11. Number of Fire

incidents

Zero

12. UPS Ability to keep the systems

up through half an hour of

power supply failure

Needs to modular with a

minimum of N + 1

redundancy

When 41 servers, 5TB storage, Two

24 port Gigabit Switch, one CISCO

firewall and one CISCO router are

operational

UPS should be EIA 422, EIA 485,

ENV 50091, IEC 60529, IEC 61000,

IEC 60950, IEC 62040, US standards

UL 1778 and UL 60950 compliant

13. Access control Through Biometric with less

than 1:5000 false positive

ratio




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14. BMS System Needs to include

• Power systems

• Illumination system

• Electric power control

system

• Heating, Ventilation and

Air-conditioning (HVAC)

System

• Security and observation

system

• Biometric access system

• Fire alarm system

• Burglar alarms

• Water leakage control

Other engineering

systems

Manufactured by any one of the

following

Siemens, Honeywell, Johnson

Controls, Trend Controls, Schneider

Electric, Trane , Rockwell

Automation, KMB systems, BBP

Energies, Delta, Distech, Circon or

KMC controls

15. BMS alerts Through SMS and email

16. Fire control FM200

17. Fire incidents Zero

18. Ability to

withstand

external fire

45 minutes or longer

19. Illumination 400 – 500 Lux At every point across the

horizontal and vertical cross

section

20. Power

Consumption of

the datacenter

Not more than 15KW Power consumption of a fully

operational datacenter minus the

power consumed by servers,

storage and network components

21. Uptime 24x7 99.9% uptime (including planned

maintenance downtimes) between

6 AM – 10 PM and 99.5% uptime

between 10:00 PM and 6:00 AM

(including planned maintenance




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downtimes). The uptime metrics

will be collected on a daily basis

and tallied on a monthly basis.

22. Wiring visible to

naked eye

No wiring to be visible to

naked eye

total length of wiring (including

power supply cords, wires, LAN

cords, connectors etc.,) visible to

naked eye does not exceed 1 foot

23. Number of racks The higher of Eight 42µ

racks or racks adequate to

host 41 servers, UPS, 5TB

SAN, Routers, Firewall and

switches

Racks should be EIA/ECA 310 and

IEC 60297 compliant.

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7. TENDER DRAWINGS