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THE PHARMACEUTICAL

CORPORATION (IM) KERALA LIMITED

THRISSUR

TENDER DOCUMENT

Name of Work: Providing drainage & Retaining wall behind KC section and other activities in tandem with set work

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INDEX Sl. Particulars Page No. No.

1. Tender Notice 3 - 4 2. General Information 5

3. Instruction/Guidelines to the Tenderers 6 - 8 4. Tender Conditions 9 - 11 5. General Conditions of Contract 12 - 38 6. Special Conditions of Contract (Civil) 39 - 42 7. Special Conditions of Contract for Structural Works 43 - 45 8. Technical Specifications (Civil) 46-53

9. Appendix-I Requirement of land area for Contractor 54

10. Appendix-II Details of Experience 55 11. Appendix-III Current Commitment 56 12. Appendix-IV Information Regarding Equipments for this work 57 13. Appendix-V Information about Tenderer 58 14. Appendix-VI Proforma for Bank Guarantee EMD 59-60 15. Appendix-VII Proforma for Bank Guarantee - Security Deposit 61-62 16. Appendix- VIII Requirement of constructional equipments/tools 63 17. Appendix-IX Specification/Brand/Make of Materials 64

18. Appendix-X Schedule of Quantities (Civil) 65-68

19. Schedule-A 69 20. Format for Preliminary Agreement 70-71

21. Format for Article of Agreement 71-72

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THE PHARMACEUTICAL CORPORATION (IM) KERALA LIMITED KUTTANELLUR P.O., THRISSUR – 14

(A Govt. of Kerala Undertaking)

TENDER NOTICE

Tender No:- Date:

Sealed Super scribed tenders in the prescribed form are invited from competent, experienced and technically and financially sound contractors for executing the following jobs.

1. Scope of work : : Providing drainage & Retaining wall behind KC section and other activities in tandem with set work

2. Tender qualification Criteria : 1.Tenderer should have executed at least one civil construction job of value not less than 90% of the PAC in single contract during last year or current year as prime contractor or he should be a ‘C’ class contractor.

2. He should have executed work

of value more than 3 times the PAC per year during any one of the three preceding years.

3. Date of issue of tender document : 09-03-2015 to 28-03-2015

4. Last date for submission of tender document : 30-03-2015, 3:00 PM

5. Date and time of opening tender : 30-03-2015, 3:30PM 6. Issued to : 7. Contact Address of the Tenderer : With Telephone No.

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Tender document can be obtained during office hours on any working day from the office of the Pharmaceutical Corporation (IM) Kerala Limited., in the address given below on payment of Rs.600+VAT (non-refundable) in cash or DD. Those who want the tender document by post shall pay an additional amount of Rs.100/-.The tender document can also be downloaded from our web site viz. www.oushadhi.org and in that case the cost of tender document shall be remitted in the form of Demand Draft drawn in favour of Managing Director, Oushadhi payable at Thrissur along with the tender The completed tender document will be received in the office of the Managing Director, The Pharmaceutical Corporation (IM) Kerala Limited; Kuttanellur up to 3.00 pm on…… and will be opened in the presence of authorised representatives of participating tenderers if available at 3.30 pm on the same day. We shall have no responsibility for any delay, loss or non-receipt of tender document or bids sent by post. Telex/Telegraphic/Tele fax offers will not be accepted. The company reserves the right to accept or reject any or all tenders without assigning any reasons thereof.

Sd/- Managing Director The Pharmaceutical Corporation (IM) Kerala Limited, Kuttanellur P.O., Thrissur- 14 Kerala

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GENERAL INFORMATION TO BIDERS

1.Name of work

Providing drainage & Retaining wall behind KC section and other activities in tandem with set work

2. Probable amount of contract

Rs3,00,000/-

3. Location of the site

Kuttanellur , Thrissur

4. Name and address of the client

The Pharmaceutical Corporation (IM) Kerala Ltd. Kuttanellur P.O., Thrissur - 14

5. Period of sale of blank tender forms

As per tender notice

6. Place, date and time of tender opening

As per tender notice

7. Earnest Money Deposit

7500/--

8. Form of remittance of EMD

Demand Draft in favour of Managing Director, The Pharmaceutical Corporation (IM) Kerala Ltd., payable at Thrissur or by Cash at Office

9. Date of commencement of work

15 days from the date of issue of letter of intent

10. Period of completion

45 days from the date of commencement of work

11. Rate of liquidated damages

1% of value of work for every week

12. Maximum limit of liquidated damages

7.5% of the value of work

13. Period of maintenance

12 Months from the date of completion of work

14. Security Deposit

As per clause 2-19

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INSTRUCTIONS/GUIDELINES TO THE TENDERERS

1. Submission of tender :

The tender in the prescribed form should be duly filled in, signed, sealed and submitted in accordance with the procedure mentioned below.

2. Procedure :

The tenderer is required to submit his/its tender in the prescribed form, put in a large envelops sealed and superscribed “Providing drainage & Retaining wall behind KC section and other activities in tandem with set work” and addressed to

The Managing Director The Pharmaceutical Corporation (IM) Kerala Ltd., Kuttanellur P.O., Thrissur - 14, Kerala

before 3.00 pm on 30-03-2015 .A tender which is incomplete or which is received after the date and time specified above will not be considered. The tender should be signed by the tenderer himself or by the authorised signatory in which case proof of such authorisation should be submitted along with the tender.

A tender delivered or sent otherwise will not be considered/entertained. The tender duly signed and sealed and super scribed as above may be sent by post or delivered in the office addressed to the Managing Director as above. A tender, which is received after the time and date fixed above and in the tender notice, shall be rejected. No page of the tender documents shall be removed or altered and the whole set of tender documents given must be submitted after being duly filled in and signed. Failure to comply with this instruction will result in summary rejection of the tender. Every correction in the tender should be signed by the tenderer or his authorised signatory failing which the tender shall be rejected.

3. Validity of tender :

The tender submitted as above shall remain firm for acceptance for a period of 3 months from the date of opening of the tender. The tenderer shall not be entitled during the said period of 3 months without the consent in writing of the corporation to revoke or cancel the tender or to vary the tendered rates or any terms thereof.

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4. Earnest Money deposit :

The tender should be accompanied by Earnest Money Deposit (EMD) for an amount of Rs.7500/- (Seven thousand five hundred only). The EMD shall be paid by a Demand Draft drawn on any nationalised/scheduled bank in favour of “The Pharmaceutical Corporation (IM) Kerala Ltd” payable at Thrissur or the EMD may be deposited at the office of the Pharmaceutical Corporation at Kuttanellur by cash and attach the receipt along with the tender. The EMD of unsuccessful tenderer will be returned without interest by not later than 30 days from date of finalisation of tender.

5. Price : The contract will be awarded on fixed price as described in the tender document. All rates/price in the tender shall cover sales tax, other taxes, levies and duties. The price/rate shall be quoted both in figures and words. In case the tenderer has quoted two different rates/price in words and figures the lower of the two will be considered valid and binding on the tender.

The price/rate quoted is a firm price and the tenderer shall be bound to keep his/its price firm and fixed without escalation on any ground whatsoever for the entire period of the contract and/or till the completion of the entire works.

6. Payments: Payments for the works completed satisfactorily will be made after scrutiny of the bills, submitted with supporting documents, by cheque within 30 days from the date of receipt of the bill.

7. Right to Reject Tender :

The acceptance of tender and award of contract to one or more tenderers if considered necessary rest with the corporation who does not bind itself to accept the lowest tender and reserves to itself the authority to reject any or all the tenders without assigning any reason.

8. Tenderer to Make Arrangement :

The successful tenderer shall make his own arrangements for the execution and timely completion of the work tendered.

9. Tenderers Knowledge of the conditions of the Tender Documents, Site etc. By submitting the tender of the work a tenderer will be deemed to have studied all

the conditions of the tender and the rate quoted by him will be adequate to complete the work in all respects and generally has taken into account all conditions and difficulties that may be encountered during the performance of the contract. The act

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of submission of tender shall be deemed to be a complete and unreserved acceptance of the terms and conditions of the tender contained in the tender document.

10. Award of Contract :

Acceptance of the tender will be intimated to the successful tenderer before expiration of the period of validity of tender through a letter/telefax/fax send in the address mentioned in the tender. The successful tenderer within 10 days from the date of receipt of intimation of acceptance of tender as above shall execute at his cost and expense, an agreement with the corporation on a proper non-judicial stamp paper.

11. General :

(a) Location : the work site is situated at Oushadhi premises, Kuttanellur

(b) Inspection : the intending tenderers with prior

Permission of the competent authority and in the presence of an authorised officer of the corporation will be permitted to inspect the work site during any working day between 10AM to 4PM.

(c) Quoting rate : the tenderers shall quote the price/rate only after studying the site conditions,

the scope and specifications, requirements of work and after taking into account all conditions during the actual execution of the work. Temporary approach roads or sheds if any required may be constructed by the contractor at his cost/expense.

d) Documents to be attached : the tenderers are requested to ensure that

copies of all the documents are attached along with the tender. Failure to do so shall result in summary rejection of the tender.

e) Resume of plan of action : the tenderer shall furnish a brief resume regarding how he propose to execute

the work.

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TENDER CONDITIONS

1. The tender should be submitted strictly adhering to the instructions/guidelines to the tenderers.

2. Tenders will be opened at the date and time as specified in the General

information to tenderers in the presence of the tenderers or their authorised representative if available.

3. No tenderer shall be allowed at any time and on any ground whatsoever to

make any claim for revision or modification of rates quoted by him. He should clearly understand that the price/rates quoted by him include payment of any taxes, duties etc., payable at the time of tender and any enhancement thereof or which may hereafter be levied in respect of the work shall be to his account.

4. On no account the security deposit of a previous contract be taken as an authority

to permit a tenderer to make his tender without depositing earnest money deposit. 5. Each tender must be accompanied by

a) Earnest Money Deposit as specified.

b) A preliminary agreement duly executed on non-judicial stamp paper of value not less than Rs. 100/-as per the performa attached.

c) Documentary evidence to establish pre-qualification criteria.

d) If the tenderer is a partnership firm a true authorised copy of the latest partnership deed and its registration certificate.

e) Proof of authorisation to sign the tender documents.

f) Details regarding the tenderers work experience in civil construction in Appendix-2, details of current commitments as per Appendix-3, information regarding equipments proposed to be used in this work as per Appendix-4 and information about the tenderer as per Appendix-5.The tenderer may give the above details/information in separate sheets wherever space is not available.

6. The Managing Director reserves to himself the right to reject the tender or to accept the tender of more than one party and split up the work amongst the said parties.

7. The successful tenderer will have to enter into an agreement at his cost and

expense with the corporation within 10 days of intimation of acceptance of tender failing which the amount of EMD shall be forfeited and acceptance of his tender shall be treated as withdrawn and the work will be awarded to next lowest tenderer or to another agency at the risk and cost of the successful tenderer.

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8. The successful tenderer on or before the date stipulated in the letter intimating acceptance of the tender will have to furnish security deposit as per clause2-19-1.

9. If the successful tenderer fails to execute the agreement and/or to furnish the

security deposit within the stipulated time or withdraws the tender after communication of acceptance or fails to commence the work due to any reason whatsoever, the contract will be terminated at the risk and cost of the successful tenderer and the earnest money deposit/security deposit will be forfeited. Further the successful tenderer will be held liable for all the loss and damages sustained by the corporation by reason of such breach and such loss and/or damage shall be assesed by the Managing Director whose decision in this behalf shall be final and binding on the successful tenderer and will be recovered from his areas of revenue. But should it be a saving to the client, the original contractor shall have no claim whatsoever to the difference. Recoveries on this or any other account will be made from the sum that may be due to the contractor on this or any other substanding contracts or under the Revenue Recovery Act or otherwise the corporation may decide.

10. The contract shall not be assigned without the prior permission of the corporation in writing. 11. Special conditions if any of the tenderer attached with the tender will not be

applicable unless they are expressly accepted in writing by the corporation and the contractor.

12. The Managing Director shall be at liberty to terminate the contract either

whole or on part without assigning any reason by giving 7 days notice in that behalf to take effect immediately.

13. The rates tendered and accepted rate will be treated a firm and final without any escalation until the complete fulfilment of the contract.

14. If any documents is missing or is unsigned the tender shall be considered as

invalid.

15. Tender in which any of the particulars and prescribed information is missing or incomplete in any respect is liable for rejection.

16. Canvassing of any kind is strictly prohibited and the tender submitted by the

tenderer who resorts to canvassing is liable for rejection. Tender containing remarks or any conditions uncalled for are liable for rejection.

17. The corporation reserves the right to distribute the work between more than one

contractor. The work may be split up and accepted “in parts and not in entirely” at the sole discretion of the Managing Director. The tenderer should specifically state if he is willing to accept part of a work.

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18. The tenderers should furnish complete information regarding his relative/relatives, if any employed in any capacity in the corporation, at the time of submission of the tender.

19. (1) The tenderer shall acquaint himself with the topographical and other site conditions prevailing at the site.

(2) The tenderer shall visit the site to check the actual site conditions, availability of labour, communications, transport accessibility to site etc and these factors shall be taken into account while quoting the price/rate.

(3) Failure to ascertain such conditions by the tenderer at the time of tendering shall not constitute any reason for any dispute later on as regards the rates etc.

(4) The tenderer shall visit the site and acquaint himself fully of the site and no claims whatsoever will be entertained on the plea of ignorance or difficulties involved in the execution of work or carriage of materials.

20. The tenderer is required to check the numbers of the pages and should any be

found missing or in duplicate or the figures or writing indistinct, he must inform the Engineer-in -charge at once and have the same rectified. Should the tederer be in doubt about the precise meaning of any item or figure for any reason whatsoever he must inform the Engineer -in-charge that the correct meaning may be decided upon before the date for the submission of the tender.

No liability whatsoever will be admitted nor claim allowed in respect of errors in the contractor’s tenders due to mistakes in the schedule of quantities which should have been rectified in the manner described above.

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GENERAL CONDITIONS OF CONTRACT

1. DEFINITION AND INTERPRETATION

In the contract documents as hereinafter defined where the context so admits the following words and expressions shall have the following meaning.

1. Company shall mean the Pharmaceutical

Corporation (IM) Kerala Ltd., Oushadhi, Kuttanellur P.O., Thrissur - 14

2. Consultants The consultants shall mean the

competent agency duly appointed by Oushadhi to act as consultants for the purpose of the contract. The words “Consultants”, “Consulting Engineers” appearing elsewhere in the tender shall also mean consultant.

3. Contract shall mean the contract documents collectively comprising the agreement

executed between the parties and such documents like tender conditions of contract, special conditions of contract/

tender, general conditions of contract, specification, schedule of works, accepted schedule of rates, drawings, letter of indent/work order and/or any other correspondence or negotiations etc.

4. Accepted Schedule In relation to the contract means the

schedule or schedules of quantities and the rates quoted/modified by the contractor in respect of which the tender is accepted.

5. Drawings shall mean the map drawings, plan and

tracings or prints thereof annexed to the contract and shall include any modification of such drawings and further drawings as may be issued or approved in writing by the engineer-in-charge from time to time.

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6. Engineer/Engineer-in charge shall mean the engineer of the company in charge of the work under contract.

7. Contract value means the sum accepted or the sum

calculated or the sum calculated in accordance with the rate/price accepted in tender and/or the contract rates as payable to the contractor for the entire execution and full completion of the work as per the contract.

8. Date of commencement is the date of commencing of the whole

or any part of the work as set out in the tender document or ascertained in accordance with the individual work order or any subsequent agreed amendments thereof.

9. Date of Completion is the date fixed for completion of the

whole or any part of the work as set out in or ascertained with the individual work orders or any subsequent agreed amendments thereto.

10. Letter of Indent is an intimation by letter/fax to the

contractor about acceptance of his tender.

11. Period of Maintenance shall mean the period specified from the

date of completion of the work as mentioned in the general information to tender.

12. Site shall mean the land and/or other places

under in or through which the work are to be carried out and any other land or places provided by the company for the purpose of the contract.

13. Specifications shall mean all directions, provisions

and requirements attached to the contract which pertains to the method and manner of performing the work or works to the quantities and qualities of work or works and the materials to be furnished under the contract for the work or works as may be implied or modified by the company or the Engineer during the performance of the contract in order to provide for

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unforeseen conditions or in the best interest of work or works.

14. Work shall mean the works to be executed and/or services to be rendered in

accordance with the contract. 1.2 INTERPRETATION 1.2.1 Words importing persons or parties shall include firms, companies/ corporations. 1.2.2 Words importing singular only also include the plural and vice versa. 1.2.3 The headings and sub-headings in these General conditions of contract shall not be

deemed part thereof or be taken into consideration in the interpretation or construction thereof the contract.

1.2.4 Month means Gregorian Calendar month. 1.2.5 Day means Calendar day. 1.2.6 Writing means any manuscript type written or printed matter. 2.1 SCOPE OF WORK

Shall be as specified in the tender and/or in the work order. 2.2 OCCUPATION AND USE OF LAND

No land belonging to or in the possession of the corporation shall be occupied by the contractor without the permission of the corporation. The contractor shall not use or allow to use the site for any purpose other than that of executing the works.

2.3 COMMENCEMENT OF WORK

The contractor shall commence the work on the date or dates mentioned in the LOI/work order issued to him and proceed with the same with due expedition and without delay.

2.4 TIME AND PROGRESS CHART

The Engineer and the contractor shall jointly prepare and sign a detailed time and progress chart for the execution of various items of work within the overall period of completion. The contractor shall adhere to the time chart so prepared.

2.5 RATE OF ITEMS OF WORK

The rates entered in the accepted schedule of rates are intended to provide for work duly and properly complete in accordance with the conditions of tender/contract.

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The rates entered in the accepted schedule during the period of contract and till completion of the entire works under the contract shall remain firm and fixed and no claim for enhancement/escalation in rates on any ground whatsoever will be entertained/considered and granted by the company.

2.6 TAXES AND DUTIES

The contractor shall be responsible for the payment of all taxes including tax relating works contract, service tax etc., and taxes and duties leviable presently or later during currency of the contract. Any variations in rates of taxes and duties during the currency of the contract shall be borne by the contractor.

2.7 SETTING OUT WORKS

The contractor shall set out the works and shall be responsible for the true and perfect setting out of the same and for the correctness of the positions, levels, dimensions and alignment of all parts thereof. If at any time error in respect of it appears during the progress of the works, the contractor shall at his own expenses rectify such error to the satisfaction of the Engineer.

2.8 MATERIALS

Unless otherwise specified or agreed to all materials, tools, plants, equipments etc. required for execution of the work shall be arranged /produced by the contractor.

In case the company agrees to provide any materials, plants, tools, equipments etc. from its stores or otherwise the contractor shall make his own arrangements for collection and transportation of such items from company’s stores to the work site or to any other place required at his cost/expenses.

The contractor shall also make his own arrangements for safe handling and proper storage of the items supplied by the company at his own risks and costs. Loss or damages to the materials issued by the company to the contractor shall be recovered from contractor’s bills/security deposit or other amounts due under this or any other contract.

No compensation shall be claimed for accounting of the items supplied by the company. Balance materials if any shall be obtained by the contractor and the same shall be attached to the bills claiming payment for the work.

2.8.1 WASTAGE OF MATERIALS

The contractor shall ensure that there are no loss/wastage of materials supplied by the company. In case the wastage is excess of that specified by the company, contractor shall be liable to pay compensation to the company at double the market rates. Any amount due to this account shall be recoverable from the contractor’s bills, security deposit or other amounts due to him under this contract or any other contract. The decision of the company under provision of this clause shall be final and binding on the contractor.

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2.9 MATERIALS BROUGHT BY THE CONTRACTOR

All materials brought in by the contractor shall be in good condition and shall be presented for inspection to the Engineer and if rejected for any reason by the Engineer, the contractor shall replace them immediately at the contractor’s cost.

For all materials, tools and equipments brought within the company’s premises, the contractor shall sign a declaration form and produce the same before the security section a copy of which shall be send to the Engineer. Materials, tools and equipments brought to the company’s premises shall not be removed from the company’s premises without written consent of the company.

The company shall not be responsible for protection against loss/damages of contractor’s materials and equipments, tools etc. brought inside the company’s premises. The contractor shall make his own arrangements for the safe custody of all items brought by him for the work.

2.11 WORKMANSHIP

All the works covered under the contract shall be done in accordance with the specifications and to the entire satisfaction of the Engineer who shall determine the quality, acceptability and fitness of the work. The decision of the Engineer in this regard shall be final and binding on the contractor.

2.12 DEPLOYMENT OF QUALIFIED/EXPERIENCED PERSONEL/SUPERVISOR

The contractor shall provide and employ at the site in connection with the execution of the works only such technical assistants as are skilled and experienced in their respective callings and such sub agents, foreman and leading hands as are competent to give proper supervision to the works they are required to supervise and such skilled, semi-skilled and unskilled labour as is necessary for the proper and timely execution and maintenance of the works.

2.13 OBJECTION TO CONTRACTORS EMPLOYEE

The Engineer shall be at liberty to object and to demand the contractor to remove forthwith from works any person employed by the contractor in or about the execution of the works who in the opinion of the Engineer misconduct himself or is incompetent or negligent in the proper performance of the duties or whose employment is otherwise considered by the Engineer to be undesirable and such person shall not be again employed upon the works without the written permission of the Engineer. Any person so removed from the works shall be replaced as soon as possible by a competent substitute approved by Engineer at no additional cost to the company.

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2.14 ENTRY PERMIT TO SITE

Before the contractor permits any of his employee inside the company’s premises he shall be in possession of the necessary entry permits required by the company’s regulations.

The company will furnish the contractor with initial permits but the contractor shall be responsible to apply for renewal of such permits before expiration.

These permits must be kept at the job site at all times and the contractor is to ensure that his own sub contractor’s personnel shall not enter site without a valid permit.

2.15 CONTRACTOR’S REPRESENTATIVE

The contractor shall employ a competent representative whose name shall have been previously communicated in writing to the company by the contractor to supervise the execution of the work on site. The said representative shall be present at site during all working hours and any orders or instructions which the company and/or the Engineer may give to the said representative of the contractor shall be deemed to have been given to the contractor.

2.16 OPPORTUNITIES FOR OTHER CONTRACTORS The contractor shall in accordance with the requirement of the company afford reasonable opportunities to any other contractor or their men and the workmen of the company for carrying out in or near the site of any work not included in the contract or of any contract which the company may enter into in connection with or ancillary to the work awarded to the contractor.

2.17 SUB CONTRACTORS

No part or whole of the work or interest therein shall in any manner be assigned or sublet by the contractor unless specifically approved by the Engineer.

2.18 LOCAL AND OTHER AUTHORITIES NOTICES AND FEES

Contractor shall comply with and give notices required by any Act or any Regulation or Bye-Law of any local or other public authority who have any jurisdiction with regard to the contract work and shall pay and indemnify the company against any fees or charges legally payable under such Act, Regulation or Bye-Law in respect of the work

2.19 SECURITY DEPOSIT & RETENTION AMOUNT 2.19.1 SECURITY DEPOSIT

The contractor shall furnish 5% of the value of the contract as security deposit. The earnest money deposited by the contractor with his tender will be retained by the company as part of the security deposit. The balance amount towards security deposit after such appropriation will be furnished by the contractor within 10 days of receipt of the letter of intent/work order.

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The security deposit shall remain at the entire disposal of the company as security for the satisfactory execution and completion of the work in accordance with the conditions of contract.

The company shall be at liberty to deduct and appropriate from the security deposit such penalties and other sums and dues payable by the contractor under the contract. The amount by which the security deposit is reduced by such appropriation shall be made good by further deduction from the contractors subsequent interim bill in the same manner aforesaid until the SD is restored to its full limit mentioned above. Security Deposit shall be released along with the payment of final bill.

2.19.2 RETENTION AMOUNT

Retention money at the rate of 10% of the value of work done for each running bill will be deducted from first and following part bills until such time as the cumulative total of such deductions (herein referred to as the Retention money) shall amount to 10% of the value of the executed work. On expiry of the defects liability period or on payment of the amount of final bill whichever is later, the Engineer -in-charge shall on demand from the contractor refund to him the retention amount provided the Engineer-in-charge is satisfied that there is no demand outstanding against the contractor provided that on completion of the work if he so demand may convert the amount into one of the Govt. securities or Bank guarantee from any nationalized bank, the bank guarantee being valid till the completion of the defect liability period.

The EMD, SD, Retention money and amount payable under the contract to the contractor will not bear any interest whatsoever.

2.20 LAWS AND REGULATIONS

The contractor shall in his dealing with his employees abide by all applicable local and national laws and regulations in force including any minimum wage regulation, P.F, ESI and applicable sanitary and safety regulations and rules regarding working conditions.

2.21 CONTRACTOR’S LIABILITY

It is the responsibility of the contractor to meet all claims for compensation under the Workmen’s Compensation Act or under any other law in respect of accidents or injury including death suffered by workmen engaged by the contractor and agrees to indemnify the company fully in respect of all claims under the Workmen’s Compensation Act and under other laws in respect of aforesaid claims.

2.22 EMPLOYMENT LIABILITY

The contractor shall be solely and exclusively responsible for engaging adequate number of skilled, semi-skilled and unskilled labourers for the execution and timely completion of work and also to pay their wages and other benefits as per applicable labour laws binding settlements if any and to comply with the provisions of the said laws.

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The contractor is liable to pay ESI, Provident Fund and other statutory dues to all workers engaged by him in the execution of the work. The contractor should furnish the details of employment, wages paid etc., to the Personnel Department of the company on monthly basis. Payments against the work done will be considered only after ensuring compliance with the above. The contractor if required shall be liable to furnish such details required by statutory authorities regarding employment, wages paid etc. The contractor who employs 20 or more workmen should take licence as stipulated under the Contract Labour (Regulation and Abolition Act 1970) before commencement of work. The contractor understands and recognizes that the company has absolutely no liability whatsoever concerning the employees engaged by the contractor including for payment of their wages and other benefits as per applicable labour laws.

2.23 COMPLIANCE TO RULES FOR EMPLOYMENT OF LABOUR Etc. The contractor shall conform to all laws, byelaws, rules and regulations for the time being in force pertaining to the employment of persons in the execution of the work under the contract and shall take all necessary precaution to ensure and preserve the health and safety of all persons employed by him in the execution of works.

2.24 LABOUR LAWS

In respect of all labourers directly or indirectly employed in the execution of the work, the contractor shall comply with all laws, rules, regulations, notifications, directions of State/Central Governments or Local Authorities payment of wages, compensation, welfare, safety etc., all laws, notifications, wages, welfare and other statutory obligations with regard to minimum wages, welfare and safety measures, maintenance of register, houses of work, national and festival holidays will be deemed to be part of the contract. The contractor will be fully responsible and liable to pay the wages and other benefits to the employees employed by him in the execution of the work and also to settle all disputes relating to payment of wages and other amenities and service conditions of the workers employed by him in the execution of the work. In case the contractor fails to make the payment of wages and other benefits due and payable to his workers under any applicable labour laws or memorandum of settlements and the company is forced to pay the same, then the company is entitled to recover such sum paid from the amounts due or payable to the contractor under this or other contract with the company and/or otherwise in accordance with law.

2.25 OBSERVANCE BY SUBCONTRACTORS

The contractor shall be fully responsible and liable for observances by his sub contractors of all the provisions of the contract and laws including applicable labour laws, which he is liable to observe in the execution of the work under this contract.

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2.26 ASSIGNMENT The contractor shall not assign or sublet the contract or any part thereof or allow any person to become interested therein in any manner whatsoever without prior written permission of the company. The permitted subletting of the work by the contractor shall not establish any contractual relationship between the subcontractor and the company and shall not relieve the contractor of any responsibility under the contract.

2.27 DOCUMENTS MUTUALLY EXCLUSIVE

The several documents forming part of the contract are to be taken as mutually explanatory of one another and in case of ambiguities or discrepancies the same shall be explained and adjusted by the Engineer-in-charge and/or the consultant as the case may be who has thereupon issue instructions directing in what manner the work is to be carried out to the contractor.

2.28 EXCAVATED MATERIAL The contractor shall not sell or otherwise dispose off or remove except for the purpose of the contract sand, stone, clay, ballast, earth rock or other substances or material which may be obtained from any excavation made for the purpose of the work or any building or produces upon the site at the time of delivery of the possession thereof and all such substances materials buildings and produce shall be the property of the corporation provided of course that the contractor may with the permission of the Engineer use the same for the purpose of the works at such rates as may be determinated by the Engineer.

2.29 EVERYTHING AT CONTRACTORS RISK

The contractor shall undertake all risks and liabilities whatsoever arising out of the works including by the way of implication but not by way of limitation are risks attendant on the nature of site, the soil, sub-soil and quantities of water to be pumped, discharge of water rains, traffic delays and any other cause whatsoever nature whether within or beyond contractor’s control which may happen on any way howsoever to the works shall be made good by the contractor at his own risk.

2.30 STATUTORY APPROVAL The contractor shall, on behalf of Oushadhi, obtain statutory approvals including preliminary and prior approvals if any from local authorities, Factory Inspector, pollution control board, Electrical Inspectorate/Central Electrical Authority KSEB, etc. The Contractor shall get the approval and safety certificate from the Inspectorate after completion of the work prior and before energisation. The Contractor shall be responsible for obtaining necessary certificates, drawings, etc, required to be submitted to statutory bodies, from competent and licenced authority. Nothing, other than the quoted rate shall be paid extra for obtaining statutory approval. However statutory fee paid to this effect shall be reimbursed on production of documentary evidence.

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3. EXECUTION OF WORK 3.1 Time and Progress Chart

A detailed time and progress chart for the execution of various items of work within the overall period of completion shall be prepared jointly by the Engineer and the contractor signed by both the parties and shall be adhered to.

3.1.1 The consultant/ client reserves the right to take out of contract any item of the work

and alot it to any agency at the risk and cost of the contractor if in the opinion of the consultant/client that the progress of the work is unsatisfactory. The consultant/ client shall not entertain any claim from the contractor as a result of such action on the part of the consultant/ client.

3.2 Compliance to Engineer’s Instructions

The Engineer shall direct the sequence in which the several parts of the works shall be executed and the contractor shall execute without delay all orders given by the Engineer from time to time but the contractor shall not be relieved thereby from his/ their responsibility for the due performance of the work in all respects.

3.3 Alterations to be Authorised

No alteration in or additions to or omissions or abandonment of any part of the works shall be deemed authorised except under instructions in writing from the Engineer / management and the contractor shall be responsible to obtain such instructions in each and every case.

3.4 Adherence to Specifications and Drawings

The whole of the works shall be executed in perfect conformity with the technical specifications/ item specifications and drawings of the contract. If the contractor performs any work in a manner contrary to the specifications or drawings or any of them and without such reference to and approval from the Engineer in writing he shall bear all the costs arising or ensuing there from and shall be responsible for all loss to the client/ consultant.

3.5 Drawings and Specifications on the Works and Ownership thereof

Any discrepancy between the specifications and the drawings or any error, omission or ambiguity in the specifications and the drawings shall not invalidate the contract. The contractor shall immediately on noticing any such discrepancy, error, omission or ambiguity bring the same to the notice of the Engineer. Any work done by the contractor after discovery by him such discrepancy, error, omission or ambiguity without authorisation by the Engineer will be entirely at the contractor’s risk and costs.

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3.5.1 Any work for which no specifications or drawing have been prescribed or issued by the consultant shall be carried out by the contractor in all respects in accordance with the instructions and requirements of the Engineer.

3.5.2 The drawings enclosed with the tender documents shall a part of the specifications

and are intended to define the general construction of the work required. All the drawing shall be for tender purposes only and shall not be certified for construction. The contractor will receive the certified construction drawings marked “Released for Construction” from the consultant after award of the firm contract, in stages as required by the progress of works at site.

3.5.3 The drawing for the work as listed in the tender document show the conditions, as they are believed by the consultant to exist based upon the interpretation of field observations. It is not intended or to be inferred that the conditions as shown thereon constitute a representation what such condition do actually exist nor shall the contractor be relieved of the liability under his/their contract to the client nor any of its representatives /consultants be liable for any loss sustained by the contractor as a result of any variance between conditions as shown on the drawings and the actual conditions revealed during the progress of the work or otherwise. The contractor shall check all drawings furnished to immediately upon their receipt and shall promptly notify the Engineer of any omission or discrepancies. Omissions from the drawings or the misdescribed details of work and they shall be performed as if fully and correctly set forth and described on the drawings. In case of conflicts between the specifications and the drawings, the specifications shall govern unless otherwise instructed by the engineer-in-charge.

3.5.4 . Revisions of the drawings may be done as and when deemed necessary by the

Engineer. During the progress of the work additional detailed drawings will be furnished to the contractor. These additional drawings shall be considered as forming a part of the contract.

3.6 Meaning and intent of Specifications and Drawings

If any ambiguity arises as to the meaning and intent of any provisions of the specifications and drawings or as to execution or quality of any work or any material or as to the measurement of works the decision of the Engineer thereon shall be final.

3.7 Work on Holidays and During Night

The contractor shall not carry out any work on holidays and during night time between 7p.m. and 7a.m. without the prior permission of the Engineer in writing.

3.8 Damage to Client’s property or Private Life and Property

The contractor shall be responsible for all risks to the works and for trespass and shall make good at his own expense all loss or damage whether to the works themselves or any other property of the client or the lives of persons or property of other from whatsoever cause in connection with the works until they are taken over by the client and although all reasonable and proper precautions may have been taken by the

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contractor and in case the client/consultant shall be called upon to make good any such costs ,loss or damages or to pay compensation (including that payable under the provisions of the Workmen’s Compensation Act or any statutory amendments thereof) to any person or persons sustaining damage as aforesaid by reason of any act or any negligence or omission on the part of the contractor the amount of any costs or charges (including costs of charges in connection with legal proceedings) which the client/consultant may incur in reference there to shall be charged to the contractor. The client/consultant shall have the power and right to pay or to defend or compromise any claim of threatened legal proceedings being instituted consequent on the action or default of the contractor to take such steps as may be considered necessary or desirable to ward off or mitigate the effect of such proceedings, charging to the contractor, as aforesaid any sum or sums of money which may be paid and any expenses whether for reinstatement or otherwise which may be incurred and the propriety of any such payments, defence of compromise and the incurring of any such expenses shall not be called in question by the contractor.

3.9 Shed, Store House and Yards

The contractor shall at his own expense provide the sheds, store houses and yards in such situations and in such numbers as in the opinion of the Engineer is requisite for carrying on the works. He shall obtain from the Engineer in writing approval to the layout of the sheds, storehouses and the extend of area to be enclosed by the yard before undertaking construction thereof. The contractor shall keep at each of such sheds, store houses and yards a sufficient quantity of materials and plant in stoke as not to delay the carrying out of the works and the client/consultant and their representatives shall have free access to the said sheds, store houses or yards at any time for the purpose of inspecting the stock of materials or plant so kept in hand, and any materials or plant which the Engineer may object to shall not be brought upon or use in the works, but shall be forthwith removed from the sheds, store house or yard by the contractor. The contractor shall at his own expense provide and maintain suitable construction plant like mixers, compressor, welding sets, mortar mills and soaking vats or any other equipment necessary for the execution of the works.

3.10 Workmanship and Testing

The whole of the works and/or supply of materials specified and provided in the contract or that may be necessary to be done in order to form and complete any part thereof shall be executed in the best and substantial workman like manner with materials of the best approved quality of their respective kinds, agreeable to the particulars contained or implied by the specification and as referred to in and represented by the drawings or in such other additional particulars, instructions and drawings as may be found requisite to be given during the carrying on the works and to the entire satisfaction of the Engineer according to the instructions and direction which the contractor may from time to time receive from the Engineer. All the tests of materials to ensure the quality should be done at the contractor.

3.11 Removal of Improper works and Materials

The Engineer or the Engineer’s representative shall be entitled to order from time to time, the removal from the site within the time specified in the order of any materials

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which in his opinion are not in accordance with the specifications or drawings and substitution of proper and suitable materials.

3.11.1 The removal; and proper execution (notwithstanding and previous tests thereof or on

account payments therefore) of any work in which in respect of materials or workmanship is not in his opinion in accordance with the specifications and in case of default on the part of the contractor in carrying out such order the client shall be entitled to rescind the contract.

3.12 Facilities for Inspection

The contractor shall afford the Engineer/consultant/client and their representatives every facility for entering in and upon every portion of the work at all hours for the purpose of inspection or otherwise and shall provide all labour, materials, planks, ladders, pumps, appliances and things of every kind required for the purpose and client/consultant/ Engineer and the Engineer’s representatives shall at all times have free access to every part of the works and to all places where materials for the works are stored or being prepared.

3.13 Examination of Work Before Covering Up

The contractor shall give notice of not less than 5 days in writing to the Engineer or the Engineer’s representative whenever any work or materials are intended to be covered up in earth, in bodies or walls or otherwise to be placed beyond the reach of measurement, in order that work may be inspected or that correct dimensions may be taken before being so covered/placed beyond the reach of measurement, in default whereof the same shall at the opinion of the Engineer or the Engineer’s representative be uncovered and measured at the contractor’s expense and no allowance shall be made for such work or materials for the purpose of payments.

3.14 Temporary Works

All temporary works necessary for the proper execution of the works shall be provided and maintained by the contractor subject to the consent of the Engineer. Such works shall be removed by him at his expense when they are no longer required and in such manner as the Engineer shall direct. In the event of failure on the part of the contractor to remove the temporary works, the Engineer will cause them to be removed and cost as incurred by supervision and other incidental charges shall be recovered from the contractor. If the contractor’s labour refuse to vacate and have to be evacuated by the client/consultant necessary expenses incurred by the client/consultant in connection therewith shall be borne by the contractor.

3.15 Water Supply

The contractor shall have to make his own arrangements for supply of water at his cost. All plumbing installations, pipe network and distribution system shall have to be carried out by the contractor at his own cost. However, in case water sources are available with the client, the contractor may be permitted to make use of the same from a point along the existing line in which case charges shall be recovered for the water consumed at the presently prevailing rates of the client. In case contractor uses water from and existing source of the company, the client /consultant will not be

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responsible for any variation in the quantity of such water being supplied. In the event of any failure, interruption or stoppage of water, the contractor shall have no claim whatsoever against the client/ consultant. For any water supply failure, stoppage or interruption, the contractor shall make alternate arrangements for water supply at his own cost. The contractor shall make his own arrangements for providing water supply to the camps housing his personnel independent from the source of construction water supply referred to above.

3.16 Power Supply

The contractor shall have to make his own arrangements for drawing power from a point at his cost and shall install necessary measuring devices. All the works shall be done as per IEA regulation and passed by the Engineer-in-charge. The temporary lines shall be removed by the contractor at his cost after completion of the work if there is any hindrance to the other works due to the alignment of these lines. However, in case adequate power supply is available with the client, the contractor may be permitted to make use of the same from a point along the existing line in which case the charges shall be recovered from the contractor for the electric power consumed at the prevailing rates of the client.

3.17 Roads and Water Courses

Existing roads or water courses or pipes, electrical and telephone lines and conduits shall not be blocked, cut through, alerted, diverted or obstructed in any way by the contractor except with the permission of the Engineer in writing. All compensations claimed for any authorised closure, cutting through, alteration, diversion or obstruction to such roads or water courses etc. by the contractor or his agent or his staff shall be recoverable from the contractor by deduction form any sums which may be due to him in terms of the contract or otherwise according to law.

3.18 Use of Explosives Explosive shall not be used on the works or in the site by the contractor without the permission of the Engineer in writing and then only in the manner and to the extent to which such permission is given. When explosives are required for the works they shall be stored in a special magazine to be provided at the cost of the contractor and the contractor shall obtain the necessary licence for the storage and the use of the explosives and all operations in which or for which explosives are employed shall be at the sole risk and the responsibility of the contractor and the contractor shall indemnify the client/consultant in respect thereof.

3.19 Handing Over of Works The contractor shall be bound to hand over the works executed under the contractor to the client, completed in all respects in accordance with the specifications and drawings laid down in the contract and to the satisfaction of the Engineer. The Engineer shall determine the date on which the work is considered to have been completed in support which his certificate shall be regarded as sufficient evidence for all purposes. The Engineer shall determine from time to time the date on which any particular section of the work shall have been completed and the contractor shall be bound to observe any such determination of the Engineer.

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3.20 Clearance of site on Completion

On the completion of the works the contractor shall clear away and remove from the site all constructional plant, surplus materials, rubbish and the temporary works of every kind and leave the whole of the site and the works clean to the satisfaction to the Engineer. No final payment in settlement of the accounts for the 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 shall have been affected by him or such clearance have been made by the Engineer by the expense of the contractor in the event of his failure to comply with this provision within 7 days after receiving notice to that effect, should it become necessary for the Engineer to have the site cleared at the expense of the contractor. The client/consultant shall not be held liable for any loss or damage to the contractor’s property as may be on the site and due to such removal there from which removal may be effected by means of public sale of such materials and property in such a way as deemed fair and convenient to the Engineer.

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4. MEASUREMENT CERTIFICATES & PAYMENTS 4.1 Quantities in Schedule Annexed to Contract

The quantities set out in the accepted schedule of rates are the estimated quantities of the works and they shall not be taken as the actual and the correct quantities of the work to be executed by the contractor in fulfilment of his obligations under the contract.

4.2 Measurements of Works

The contractor shall be paid for the work at the rate in the accepted schedule of rates and for the extra works at rates determined under clause on the measurements taken by the Engineer or the Engineer’s representative in accordance with the rules prescribed for the purpose by the client/consultant. Such measurements will be taken of the work in progress from time to time and such intervals as in the opinion of the Engineer shall be proper having regard to the progress of the works. The date and time on which “On-Account” or final measurement to be made shall be communicated to the contractor who shall be present at the site and shall sign the result of the measurements (which shall also be signed by the Engineer or the Engineer’s representative) recorded in the official “Measurement Book” as an acknowledgement of his acceptance of the accuracy of the measurement. Failing the contractor’s attendance the work may be measured in his absence, be binding upon the contractor whether or not he shall have signed the measurement book, provide always that any objection made by him to any measurement shall duly investigated and considered in the manner set out below. It shall be open to the contractor to take specific objection to any recorded measurements or classification on any ground within 7 days of the date of such measurements. Any measurements or classification on any ground within 7 days of the date of such measurements. Any measurements taken by the Engineer or the Engineer’s representative in the presence of the contractor or in his absence after due notice has been given to him in consequence of objection made by the contractor shall be final and binding on the contractor and no claim whatsoever shall thereafter be entertained regarding the accuracy and classification of the measurement. If an objection raised by the contractor is found by the Engineer to be incorrect, the contractor shall be liable to pay the actual expense incurred in re measurements. Unless mentioned otherwise, the measurements shall be taken as per Indian Standard No. 1200 of the Bureau of Indian Standard Publications.

4.3 “ On- Account” Payment

The contractor shall be entitled to be paid every 30 days. If so provided for in the special conditions by way of “On Account” payments only for such works as in the opinion of the Engineer the contractor has executed as per the terms of the contract provided the value of the such work is more than 15% of the contract amount. All payments due on the Engineer or the Engineer’s representative’s certificates of measurements shall be subjected to any deductions which may be made under these

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presents and shall further be subject to unless otherwise required by Clause 2-19 of these conditions, provide always that the Engineer may by any certificate make any correction or modification in any previous certificate which shall have been issued by him and that the Engineer may withhold any certificate if the works or any part thereof are not being carried out to his satisfaction.

4.4 Rounding off Amounts

In calculating the amount of each items due to the contractor in every certificate prepared for payment, sums of less than 50 paise shall be omitted and the total amount of each certificate shall be rounded- off to the nearest rupee ie., sums of less than 50 paise shall be omitted and sums of 50 paise and above shall be reckoned as one rupee.

4.5 “On- Account” Payment not Prejudicial to Final Settlement “On-Account” payments made to the contractor shall be without prejudice to the final making up of the accounts (except where measurements are specifically noted in the Measurement Book as final measurement and as such have been signed by the contractor) and shall in no respect be considered or used as evidence of any facts stated in or to be inferred from such accounts nor of any particular quantity of work having been executed or of the manner of its execution being satisfactory.

4.6 Manner of Payment Payment due to the contractor shall be made by a crossed “A/c payee” cheque, forwarding the same to the registered office or notified office of the contractor. Alternately he may collect it personally. However, in case the contractor does not have a bank account provided he has notified the client/ consultant or ordinary crossed cheque may be issued. In no case will client/ consultant be responsible if the cheque is misappropriated by unauthorised person or persons. The contractor shall always give stamped receipt duly signed in token of payment of any sums paid by the client/consultant.

4.7 Maintenance of Work The contractor shall at all times during the progress and continuance of the works and for the “Period of Maintenance” after the date of the passing of the “Certificate of Completion: by the Engineer or any other date subsequent to the completion of the works that may be fixed by the Engineer be responsible and effectually maintain and uphold in sound and perfect condition all and every part of the works and shall make good from time to time and at all times as often as the Engineer shall require, any damage or defect that may during the above period arise in or be discovered or be in any way connected with the works, provided that such damage or defect is not directly., caused by errors in the contract documents and the contractor shall be liable for and shall pay and make good to the client/consultant or other persons legally entitled thereto whenever required by the Engineer to do so ,all losses, damages, costs and expenses they or any of them may incur or be put or be liable to by reasons or in consequence of the operations of the contractor or of his failure in any respect.

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4.8 Certificate of Completion of Works

As soon as in the opinion of the Management/Engineer, the works shall have been substantially completed and shall have satisfactorily passed any final test or tests that may be prescribed, Engineer shall issue a certificate of completion in respect of the works and period of maintenance shall commence from the date of such certificate, provided that the Engineer may issue such a certificate with respect to the any part of the works before the completion of the whole of the works or with respect to any substantial part of the work which has been both completed to the satisfaction of the Management/Engineer and occupied or used by the client and when any such certificate is given in respect of a part of the works such part shall be considered as completed and the period of maintenance of such part shall commence from the date of such certificate.

4.9 Contractor not Absolved by Completion Certificate The certificate of completion shall not absolve the contractor from his liability to make good any defects, imperfections, shrinkages or faults which may appear during the “Maintenance Period “ specified in the contract arising in the opinion of the Engineer from material or workmanship not in accordance with the drawings or specifications or instructions of the Engineer. Such defects, imperfections, shrinkages or faults shall upon the directions in writing of the Engineer be amended and made good by the contractor at his own cost and in case of default on the part of the contractor to amend and make good such defects, imperfections, shrinkages and faults all expenses consequent thereon and incidental thereto shall be borne by the contractor and shall be recoverable from any sum due to him under the contract.

4.10 Maintenance Certificate The contract shall not be considered as complete until a Maintenance Certificate shall have been signed by the Engineer stating that the works have been completed and maintained to his satisfaction. The maintenance certificate shall be given by the Engineer upon the expiration of the period of maintenance or as soon thereafter as any works ordered during such period pursuant to clause 5.9 of these conditions shall have been completed to the satisfaction of the Management/Engineer and full effect shall be given to this clause not withstanding the taking possession of or using the works or any part thereof by the client.

4.11 Final Payment

On the Engineer’s certificate of completion in respect of the works, the balance of amount based on the Engineer’s representative’s certified measurements of the total quantity of work executed by the contractor up to the date of completion and on the accepted schedule of rates shall be paid to the contractor subject always to any deductions which may be under these presents and further subject to the contractor having delivered to the Engineer either all full account in detail of all claims he may have on the client/consultant in respect of the works or having delivered “No-Claim” certificate in writing and further subject to the Engineer certifying that the whole of the works to be done under the provisions of the contract have been completed, that they have been inspected by him since their completion and found to be in good and

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substantial order that all properly replaced and made good and all expenses and demands incurred by or made upon the client/consultant for all in respect of damage or loss from or in consequence of the work have been satisfied agreeably and in conformity with the contract.

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5. TERMINATION AND RESOLUTION OF DISPUTES

5.1 Liquidated Damages for Delay Time and date stipulated in the contract for completion of the work shall be deemed to be essence of the contract. If the contractor fails in the due performance of his obligation within the time fixed by the contract he shall be liable to pay as agreed liquidated damage and not by way of penalty a sum equivalent to 0.5% per week or part thereof by which the performance of the obligation is delayed subject to a maximum of seven and half (7.5) percent of the contract value or such smaller amount as the client /consultant or other competent authority (whose decision in writing shall be final) may decide.

5.2 Right of Company to Determine the Contract

Company shall be entitled to determine and terminate the contract at any time showed in the company’s opinion the cessation of the work become necessary owing to paucity of funds or form other cause whatsoever in which case the value of approved materials at site and of work done to date by the contractor will be paid for in full at the rates specified in the contract. Notice in writing from the company of such determination and the reasons thereof are binding on the contractor.

The contractor shall however have no claim to any payment whatsoever on account of profit and advantage which he might have derived from the execution of the work in full but which he did not derive in consequence of such determination of the contract.

5.3 Determination of contract Owing to Default of Contractor

If the contractor should :

a) become bankrupt or insolvent or

b) make an arrangement with or assignment in favour of his creditors or agree to carry out the contract under a committee of inspection of his creditors

or c) being a company or corporation go in to liquidation other than a voluntary

liquidation for the purpose of amalgamation or reconstruction or

d) has an execution levied on his goods or property on the works or

e) assigns the contract or part thereof contrary to the contract conditions or

f) abandon the contract or

g) persistently disregard the instructions of the Engineer or contravene any provisions of the contract.

Or

h) fail to adhere to the agreed programme of work by a margin of 10% of the stipulated period

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or i) fail to take steps to employ competent or additional staff and labour as

required under the contract conditions or

j) fail to afford the Engineer or authorised representative/s proper facilities for inspecting the works or any part thereof as required under Clause 3.12 of these conditions

or k) promise offer or give any bribe/commission/gift or advantage either himself or

through his partner/agent or servant to any officer or employee of the company or to any person on his or on their behalf in relation to the execution of this or any other contract with the company. Then and in any of the aforesaid case the Management on behalf of the company may serve the contractor with a notice in writing to that effect and if the contractor does not within 10 days after the delivery to him of such notice proceed to make good his default in so far as the same is capable of being made good and carry on the work or comply with such directions as aforesaid to the entire satisfaction of the Engineer, the company shall be entitled after giving 7 days notice in writing to rescind the contract as a whole or in part or parts as specified in the said notice and to measure up the whole or part of the work from which the contractor has been removed and to get it completed departmentally or by another agency at the risk and cost of the contractor.

5.4 All Disputes Differences Arising

All disputes/differences arising under out of or in connections with the contract shall be subject to the exclusive jurisdiction of the Courts at Thrissur only.

5.5 Stores Supplied by the Client

All materials supplied to the contractor shall remain the absolute property of the client/consultant and shall on no account be removed from the site of the work and shall at all times be open to inspection by the Engineer-in-charge or client’s representative or other competent authority. Any such materials unused and in perfectly good condition at the time of completion or determination of the contract shall be returned to the client/consultant by the contractor.

1) The contractor shall not be entitled to cartage and incidental charges for

returning the surplus materials from and to the stores where from they are/were issued.

2) After the completion of the work, the theoretical quantity of cement to be used on

works shall be calculated on the basis of applicable standard approved data of KPWD/CPWD as the case may be. Balance cement if any applicable with the contractor over the theoretical requirement shall be returned to the client/consultant. For the unreturned quantity of the cement cost will be recovered from the contractor at twice the issue rate including storage charges without prejudice to the provision of the relevant conditions regarding return of the materials governing the contract. In the event of it being discovered that the quantity of cement used is less than the theoretical quantity, the cost of the quantity of cement not so used shall be recovered

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from the contractor on the basis of stipulated issue rate including storage charges and cartage to site.

3) The contractor shall return all the balance quantities of steel items issued to him.

Theoretical quantities of steel shall be taken as the quantity required as per the design or as authorised by the Engineer-in-charge including authorised lappages as check measured in the measurement books. Over this theoretical quantity, 5% shall be allowed as cutting wastage of which 2% of the theoretical quantity shall be taken as the irrecoverable wastage due to flying off of bits and pieces during actual cuttings and unserviceable bits of very short length, which shall not be accounted. Out of the remaining 3% of the theoretical quantity, serviceable MS rods and Tor steel 2M above in length, structural steel section of 0.6M and above in length, MS plates of 0.2 meter square and above in size shall be accepted by the client /consultant. Recoveries for the aforesaid theoretical quantity and for the quantity and for the balance quantity not returned by the contractor in the above said 3% wastage shall be affected at the stipulated issue rates for steel items. The difference in the quantity of steel actually issued to the contractor and the theoretical quantity including the authorised variation of 5% if not returned by the contractor shall be recovered at twice the issue rate including storage charges without prejudice to the provision of the relevant conditions regarding return of materials governing the contract.

4) The provisions of the foregoing sub-clause shall apply in the case of Bitumen also if supplied by the client/consultant except that the theoretical quantity of Bitumen shall be taken as the quantity required as per IRC standards or as prescribed in the respective item specifications plus/minus quantity of wastage etc. as prescribed therein or in its absence as authorised by the Engineer-in-charge.

5) After the completion of the work the actual quantity of cables (other than

underground cables) wires conduit/GI pipes/GI/or MS sheets used in the various items of the work shall be calculated on the basis of the measurement recorded in the Measurement Books for purpose of payment and for assessing the consumption of materials used on works. Over this quantity a variation of 5% plus shall be allowed for wastage of materials during execution in case of cables (other than underground cables) wires, conduit pipes, GI pipes and 10% plus in case GI/MS sheets. The difference in quantity issued to the contractor, if any and the quantity recorded in the Measurement Books (including authorised variation as stated above) if not returned by the contractor shall be recovered at twice the issue rate including storage charges and cartage to site without prejudice to the provisions of the relevant conditions regarding return of materials governing the contract.

6) The provisions made are without prejudice to the right of the client/consultant to take

action against the contractor under the conditions of the contract for not doing the work according to the prescribed specification.

5.6 Store Supplied by the Contractor

Contractor shall produce and provide the whole of the materials, required for the construction including M.S rods, cement and other building materials, tools, tackles,

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construction plant and equipment for the completion and maintenance of work except the material which will be issued by the client/consultant, and shall make his own arrangements for procuring such materials and for the transport thereof. Client/consultant will insist on the procurement of materials which bear BIS certifications and/or which are supplied by reputed suppliers.

Contractor shall construct suitable godowns at site for storing the materials safe against damage by rain, dampness, fire, theft etc. He shall also employ necessary watch and ward establishment for the purpose .

The cement shall be kept under double locking system with one key with the Engineer-in-charge.

The contractor shall furnish details indicating the daily receipts, consumption and balance in hand. This account shall be maintained in a form prescribed by the Engineer-in-charge. The Engineer-in-charge shall have full powers to inspect the stock and verify the records at any time as required.

After completion of work, the theoretical quantity of cement to be used on the works shall be calculated on the basis of the applicable standards of CPWD/KPWD data as the case may be. In the event of it being discovered that the quantity of cement used is less than the theoretical quantity, the cost of the quantity of cement not so used shall be recovered from the contractor on the basis of twice the market rate. Theoretical quantities of steel shall be taken as the quantity required as per the design or as authorised by the Engineer-in-charge including authorised lappages as check measured in the Measurement Books.

5.7 Alteration in Specifications and Designs not to Invalidate Contracts 1) The client/consultant shall have power to make any alterations in or additions to the

original specifications, drawings, designs and instructions from client/consultant that may be necessary or advisable during the progress of the work and the contractor shall be bound to carry out the work, in accordance with any instructions in this connection which may be given to him in writing, signed by the Engineer-in charge or the management such alteration shall not invalidate the contract and any additional work which the contractor may be directed to do in the manner above specified as part of the work shall be carried out by the contractor on the same conditions in all respects on which he agreed to do the main work and at the same rates as specified in the tender for the main work.

2) And if the additional and altered work includes any class of work which for no rates is specified in this contract, then such class of work shall be carried out at the rate entered in the CPWD/PWD schedule of rates as the case may be of Division/District prevalent at the time of making such addition and alterations plus or minus the overall percentage of original tendered rates over the estimates (as mentioned above).

3) If the additional or altered work for which no rate is entered in the schedule of rates

of the division/district ordered to be carried out before the rates are agreed upon, then the contractor shall within 7 days of the date of the receipt by him o f the order to

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carry out the work inform the Engineer-in-charge or management of the rates which it is his intention to charge for such class of work and if the Engineer-in-charge or management does not agree to this rate, he shall by notice in writing be at liberty to cancel his order to carry out such class of work and arrange to carry it out in such manner as he may consider advisable, provided always that if the contractor shall commence work or incur any expenditure in regard thereto before mentioned then in such case he shall only be paid in respect of the work carried out or expenditure incurred by him prior to the date of the determination of the rate as the aforesaid according to such rates as fixed by the Engineer-in-charge.

4) Where, however, the work is to be executed according to the designs, drawings and

specifications recommended by the contractor and accepted by the client/consultant- the alterations above referred to shall be within the scope of such designs, drawings and specifications appended to the tender.

5.8 No Claim and Payment or Compensation for Alteration in or Restriction of Work 1) The contractor shall not have any claim for compensation by reason of any alterations

having been made in the original specifications, drawings and instructions which may involve any curtailment of the work as originally contemplated.

2) Where, however, materials have already been purchased or agreed to be purchased by

the contractor before receipt by him of the said notice, the contractor shall be paid for such materials at the rates determined by the management, provided they are not in excess of requirements and are of approved quality and/or shall be compensated for the loss, if any that he may be put to in respect of materials agreed to be purchased by him the amount of such compensation to be determined by the Engineer-in-charge or the management whose decision shall be final.

5.9 No Claim to Compensation on Account of Loss due to Delay in Supply of

Materials by the Client

The contractor shall not be entitled to claim any compensation from the Client/Consultant for the loss suffered by him on account of delay by client in the supply of materials, where such delay to is due to delay of the supply of railways wagon or.

1) Difficulties relating to the supply of railways wagons. 2) Force majure. 3) Any other reasonable cause beyond the control of Client/Consultant.

In the case of such delay in the supply of materials, the Client/Consultant shall also grant such extension of time for the completion of the works as shall appear to the Engineer-in-charge or management to be reasonable in accordance with the circumstances of the case. The decision of the Engineer-in-charge or the management as to the extension of time shall be accepted as final by the contractor.

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5.10 The Limits for Unforeseen Claims Under no circumstances whatsoever shall the contractor be entitled to any compensation from the Client/Consultant on any account, unless the contractor shall have submitted a claim in writing to the Engineer-in-charge or management within one month of the cause of such claim occurring

5.11 Lumpsums in Estimates

When the estimate on which a tender is made includes lumpsums in respect of the works, the contractor shall be entitled to payment in respect of the items of the work involved or the part of the work in question at the same rate are payable under the contract for each item, or if the part of the work in Work in question is not, in the opinion of the Engineer, capable of measurements, the contractor shall be paid on the basis of the lump sums amount entered in the estimate and the certificate in writing of the Engineer shall be final and conclusive against the contractor with regard to any sum or sums payable to him under the provisions of this clause. It will be necessary for the contractor to produce a statement of expenditure incurred by him for such items of work and the amount payable should be limited to the provisions made in the estimate and the Engineer shall satisfy himself about the correctness of the statement of expenditure furnished by the contractor.

5.12 Action Where no Specification

In the case of any class of work for which there is no clear and well defined specification such work shall be carried out in accordance with the instructions and requirements of the Engineer-in-charge.

5.13 Claims for Quantities Entered in the Tender of Estimate

Quantities shown in the tender are approximate and no claim shall be entertained for quantities of work executed being either more or less than those entered in the tender or estimate except in cases covered by clause 5-8.

5.14 Occupation by the Management

The client/consultant reserves the right to occupy the works by section as completed as may be considered by the Engineer-in-charge both practicable and reasonable and without hindrance to the contractor’s progress.

5.15 Taxes, Duties, Octroi Etc.

Contractor shall make the payment or any and all the sales taxes, duties, octrois etc. now in force and hereafter increased, imposed or modified from time to time in respect of work and materials and all contributions and taxes for unemployment compensation insurance and old age pensions or annuities now or hereafter imposed by any Central or State Governmental authorities which are imposed with respect to or covered by the wages, salaries or other compensations paid to the persons employed by contractor and contractor shall be responsible for compliance with all

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obligations and restrictions imposed by the Labour Law or any other law affecting employer-employee relationship and contractor shall comply and secure the compliance of all sub-contractors with applicable Central, State or Local Government agency or authority.

5.16 Insurance

Contractor shall at his own expenses carry and maintain insurance with reputable insurance companies to the satisfaction of client/consultant as follows.

5.16.1 Employee’s State Insurance Act

Contractor shall at his own expense provide the needed ESI cover to the workers employed by him or through subcontractors for the work and if instructed by the client documentary evidence to that effect must be submitted to the client. Contractor shall accept full and exclusive liability for compliance with all obligations imposed by the Employee’s State Insurance Act 1948 and contractor shall defend indemnify and hold company harmless from any liability or penalty which may be imposed by the Central, State, Local authority by reason of any asserted violation by contractor or sub-contractor of the Employees State Insurance Act 1948 and also from all claims, suits, or proceedings that may be brought against client/consultant arising or under going out of or by reasons of the work provided for by this contract whether brought by employees of the contractor or by the third parties or by Central or State Government authority or by any political subdivision thereof.

5.16.2 Workman’s Compensation and Employer’s Liability Insurance

Insurance shall be effected for all employees of the contractor engaged in the performance of this contract if they are not covered under the Employees State Insurance Act. If any part of work is sublet, contractor shall require the subcontractor to provide workman’s compensation and Employer’s Liability Insurance for the latter’s employees if such employees are not covered under the Employer’s State Insurance Act.

5.16.3 Any other Insurance Required under Law or Regulations or by Client

Contractor shall also carry and maintain any and all other insurance which he may be required under any law or regulation from time to time. He shall also carry and maintain any other insurance which may be required by client/consultant.

5.16.4 The contractor shall take adequate insurance cover at his cost for his properties, persons etc. used/engaged in the work or proposed for using/engaging against all risks and the owner shall not in any way be liable for the damages or loss caused to such properties/person etc. to whatever cause.

5.17 Fund Act 1952 and Scheme Employees Provident 5.17.1 Contractor shall cover all the employees engaged by him or through sub-contractors

under the Employees Provident Fund Scheme and shall submit necessary records to the client/consultant in proof of compliance.

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5.17.2 Contractor further agrees to defend indemnify and hold the client/consultant harmless from any liability or penalty which may be imposed by the Central, State or Local authority by reason of any asserted violation by contractor or his sub-contractor of the provision of the Employees Provident Fund Act 1952 and schemes there under. The contractor shall cover all employees engaged by him or through sub-contractors under ESI as well as EPF Acts and shall submit necessary records and returns in proof of compliance of these statutory enactments.

Contractor further agrees to defend indemnify and hold the owner harmless from any liability or penalty which may be imposed by the Central, State or Local or other statutory authority for any violation of labour enactments or any other enactments by the contractor or his sub-contractor.

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SPECIAL CONDITIONS OF CONTRACT (CIVIL)

1.0 Contractor shall produce and provide the whole of the materials required for the

construction including M.S. rods, cement and other building materials, tools, tackles, construction plant and equipment for the completion and maintenance of work unless otherwise specified.

2.0 All quarries for materials should be got approved by the contractor from the

Engineer-in-charge in writing and the contractor shall get the materials of the required specifications from there only and it should be his responsibility to satisfy himself before tendering that the quarries yield sufficient quantity and quality required. No claim shall be made with the client/consultant for rejection of any quarry or absence of any or sufficient materials of required quality in approved quarries. It shall be the responsibility of contractor to select the quarries.

3.0 The contractor shall furnish if and when required by the Engineer-in-charge, original

vouchers and certificate to prove that the materials procured by him are up to the specifications.

4.0 The contractor shall make adequate arrangements for stocking sufficient quantities of

aggregates to meet one month’s constructional requirements and any failure on his part to supply stone aggregate due to break down of his crushers shall not be entertained by the client/consultant.

5.0 Cement shall be kept under lock system in godown provided with one door. Engineer-

in-charge or authorised representatives should have access to them at all reasonable time.

6.0 Placing of concrete shall always be done in the presence of the Engineer-in-charge or

his authorised representatives. The contractor shall notify the Engineer before commencement of any concreting work. No concreting work shall commence before inspection and approval by the Engineer-in-charge.

7.0 Progress of payment shall be made monthly commensurate with the actual work done,

provided the gross value of such works shall not be less than what is specified in the General Information to Bidders.

8.0 The contractor is responsible for proportionate progress of work. The

performance of the contractor will be judged every month from the date of starting of the work. In case, progress is not as per the agreed schedule, the client will give a notice to the contractor to improve his progress and facilities. However, if the progress of work still continues to be behind the schedule, the client/consultant shall have the right to terminate the contract and get the work executed by any other suitable agency at the risk and cost of the contractor.

9.0 In case of any delay in obtaining the materials by the client/consultant the contractor

shall be required to keep in touch himself with day-to-day position regarding the supply of materials from the client’s store and to adjust his working program that his

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labour may not remain idle. It should be clearly understood that no claim whatsoever shall be entertained by the client/consultant on account of any delay in supplying materials to the contractor.

10.0 An order book of work shall be maintained and the contractor shall acknowledge the

order given by the Engineer-in-charge and shall carry them out accordingly.

11.0 The contractor shall particularly note that the tender rates of the various items shall be inclusive of all incidental charges such as bailing, shoring, building, barricading and lighting etc. if found necessary during execution and no extra shall be due therefore on any account to the contractor.

12.0 The contractor should see that the labour and staff employed by him behave in proper

manner and should dispense with services of such person or persons from the site if so directed by the Engineer-in-charge.

13.0 Royalty charges on account of supply of materials for all works shall be paid

by the contractor at his own cost. 14.0 The contractor shall engage and authorise an agent, experienced and qualified

technical personnel for managing and supervising the work and shall see that all of them are always at the work spot during the working hours personally checking all times of work. He shall take such orders as may be given to him by the Engineer-in-charge from time to time and shall be responsible to carry them out properly.

15.0 All shuttering used in the work shall be either steel shuttering or of plywood with

smooth surfaces so as to give a smooth finish to the concrete. 16.0 All fixtures of doors and windows such as hinges, tower bolts, aldrops, hooks and eyes

etc. have to be got approved by the Engineer-in-charge in writing before fixing the same.

17.0 Time Schedule

The entire work shall be completed with in the period specified in the General Information to Bidders.

18.0 Safety The contractor shall take necessary precautions to ensure safety of his crew, materials, equipment and the works during the period of the contract. No claim from the contractor for loss or damage to equipment, materials, crew of the works during the course of the work due to the natural causes like cyclones, floods, gales, rains or other causes or combinational of causes will be entertained by the client/consultant for any loss or damage to works till the time of taking over of the work by the company.

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19.0 Mode of Measurement

Mode of measurement when not specified in the tender shall be in accordance with the relevant Indian Standard Specifications and where not spelt out in BIS, the clients/consultants decision shall be final and binding on the contractor.

20.0 Assistance for Taking Measurements The contractor shall provide necessary labour and assistance to the client/consultant for checking layout, alignments, levels and also for taking measurement of finalised works at no extra cost to the company/consultant.

21.0 Schedule of Quantities and rates

The schedule of quantities are to be read in conjunction with these special conditions, general conditions of contract, specifications, drawings and schedule of supply of materials to be supplied by the client/consultant and documents forming part of this contract. Rates quoted shall include labour, materials, tools, plants, appliances, transport, equipment, taxes, duties, octroi, levies, water and water supply, metering and consumption charges, temporary plumbing, cost of storage sheds for materials, contractor’s supervision, overheads, profits, general risks or liabilities and all that is necessary for the satisfactory completion of the job other than services and material supplied free by the client/consultant. The rates shall be firm and shall not be subject to exchange variations, labour conditions or any conditions whatsoever other than what is approved in the contract.

22.0 Power Supply if Provided by the Company

The power supply to the contractor if available will be provided at the KSEB tariff rates applicable subject to following conditions.

1) This power shall not be used for domestic purposes.

2) The contractor shall make his own arrangements for the distribution of power to his works from the point of supply with metering arrangements.

. 3) It shall be the responsibility of the contractor to provide and maintain the complete

installation on the load side of the supply with due regard to the safety requirements at site. All cabling and installations shall comply in all respects with the appropriate statutory requirements given in the following.

a) Indian Electricity Act 1910 (as amended) b) Electricity Supply Act 1948 (as amended)

c) Indian Electricity Rules 1956 (as amended) and shall be subject to approval

of the client/consultant.

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4) The power supply will also be regulated as per terms and conditions of supply of Kerala State Electricity Board.

5) The contractor shall maintain the power factor not less than 0.70 by installing, if

necessary, at his own cost, suitable corrective devices. The contractor’s failure to take up necessary action in this regard within a period stipulated by the client/consultant may entail installation of the necessary corrective devices by the client/consultant at the contractor’s risk and cost.

6) The company/consultant will not be liable for any loss or damage to the contractor’s

equipment as a result of the variations in voltage of frequency or interruptions in power supply. In the event of any failure/interruptions, stoppage of power supply for a continuous period not exceeding 24 hours, the contractor will be eligible only for reasonable extension of time and not for any compensation on this account.

7) The company/consultant will not be liable for any loss to the contractor arising from

interruption, failure or stoppage of works any attendant delays consequent upon such interruptions, failure or stoppage of power supply or variations in voltage or frequency.

8) After completion of the works the contractor shall promptly dismantle the distribution

and other facilities he may have erected at his own cost. 23.0 General

The special conditions of contract shall be read in conjunction with the general conditions of contract, specifications, drawings and/or other supplementary documents detailing the works.

23.1 Provided that where any provisions of the general conditions of the contracts are repugnant to or at variance, unless a different intention appears the provisions of the special conditions of contract shall be deemed to override the provisions of the general conditions of contract and shall to the extend of such repugnance or variation.

24.0 All plumbing works shall be executed by a qualified and licensed plumber. The contractor shall satisfy the Engineer-in-charge as to the competence and qualification of the workmen employed for plumbing works.

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SPECIAL CONDITIONS OF THE CONTRACT FOR STRUCTURAL WORKS

1. In addition to the general conditions and special conditions of the contract, the

following special conditions shall apply to the contract for the supply and erection of structural/structures. Where they differ from the general conditions, the special conditions shall govern.

2. The contractor shall furnish to the consultants 3 copies of detailed

fabrication/erection drawing showing clearly all the joint details, two weeks before the commencement of actual fabrication/erection works. The consultants will have the right to suggest such modification to these details as found necessary by them, which shall be duly incorporated in the works by the contractor. For the purpose of this clause, the two weeks period shall be deemed to begin from the date of the said drawing are received in the consultant’s office.

3. Material and stores: The materials and stores used in the work shall of best quality

and workmanship and shall comply with the contract and in all respects to the satisfaction of the Engineer-in-charge. Generally the specification and IS code as given below shall from the basis for quality of the materials and workmanship.

a. Structural steel section : IS 226.IS 2062

b. Steel tubes : IS 1161

c. Steel plastes up to 20mm thick : IS 226

d. Steel plates over 20mm thick : IS 2062

e. Bolts and nuts for column/connection : IS 1363/6639

All the structural and fixing shall be got approved from the Engineer-in-charge before commencement of erection of erection works.

4. Workmanship of Fabrication and Erection

Excellent workmanship shall be ensured in all facets of work. The workmanship shall in general be in conformity with the provisions in the following I.S. codes.

a. Fabrication and erection : IS 800/806 b. Welding : IS 816/6227 c. Laying and fixing of A.C roofing sheets : IS 3007 d. Laying and fixing of rain water : IS 2527

gutter and drainage system

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5. Painting of Structurals

All the M.S. structurals shall be given one coat of approved quality yellow zinc primer paint immediately after fabrication, and another coat of approved quality yellow zinc chromate paint before erection. After the structurals are erected at site, all the exposed surface shall be given two coats of synthetic enamel paint of approved quality make and shade as per directions of the Engineer-in-charge.

6. Holding Down Bolts and Inserts

The contractor shall fabricate and supply the holding down bolts and inserts as per the drawings as approved by the consultants. The embedding of holding down bolts and inserts shall be carried out by the contractor and it shall be the responsibility of the contractor to properly supervise this embedding works so that lines and levels are properly maintained. No extra claims on account of the faulty lines and levels of the embedded holding down bolts and inserts will be admissible.

7. Taxes/Duties/Levies

All Central, State duties/levies/sales tax/purchase tax applicable to purchase of raw materials, consumable, supply of structurals etc. shall be borne by the contractor.

Note: The term structurals means the final and complete product as fabricated and does not mean raw material, components, consumables etc. required for the work. The client/consultant shall not be liable to pay any tax/duty/levy incurred during the transactions between the contractor and his suppliers and/or agents.

8. Price

Price quoted should be firm without any escalation till the order is completely executed and should be for complete fabrication/manufacture, supply, erection, testing and commissioning.

9. Insurance

Insurance coverage for transport, storage and erection should be arranged by the contractor. Third party insurance to cover the risk of the employees at site during erection also should be arranged by the contractor and evidence to that extent shall be produced, if instructed by the consultants/client.

10. Delivery

The structurals/structures should be supplied, erected, tested, commissioned and handed over to client/consultant strictly within the time stipulated.

11. Inspection and Testing

The consultants/client shall have the right of access to the contractor’s work at all reasonable times to inspect and measure the progress of execution of the order. The contractor should make available all tools, instruments, apparatus, equipments, facilities, services and materials to enable the consultant/client’s nominee to carry out

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such tests/inspections without obligation. Notwithstanding such tests/inspections conducted at the contractor’s works from time to time, goods under the order shall not be despatched (in case the fabrication is being at a place other than work site) unless they have been finally inspected by the consultants or inspection waived and dispatch specifically authorised in writing. Wherever inspection during various stages of execution of the order and prior to despatch are specifically provided for in the order a minimum of 2 weeks notice shall be given to the consultants for the purpose and as a consequence of such inspection, if necessary, the supplier shall arrange re-work at his own cost. The consultant’s/client’s decision on such matters will be final and binding on the contractor.

12. Performance Warranty The contractor shall fully guarantee all of the structures/structurals supplied to perform in accordance with the specifications and to be free of all defects in material and workmanship. Should any structurals not perform as intended or should material or workmanship prove defective within a period as specified in the general information to bidders from the date of taking over, the structurals shall upon notification of deficiency or defect be promptly corrected by the contractor to the satisfaction of the client/consultant without delay and at no extra cost. If the contractor fails to take proper corrective action to replace or repair the deficiency within a reasonable time of consultant’s notification to this effect, the client/consultant shall be free to take such corrective action at the contractor’s cost and risk. Even if inspection and/or tests are fully carried out by the consultant/client or their representatives, the contractor is not absolved to any degree of his responsibility to ensure that all structurals and materials supplied comply strictly with the requirements as per specification and the client/consultant shall be free to point out any defect till the guarantee period is over. If it becomes necessary for the contractor to replace or renew any defective portions of the structurals/stores under this clause, the provisions of this clause shall apply to that portion of the structurals/stores so replaced or reviewed until the expiration of 3 months from the date of such replacement or renewal or until the end of the defect liability period, whichever may be later. Final inspection certificates will be issued after the expiry of this guarantee period and subject to the satisfactory performance of the structural/structures.

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TECHNICAL SPECIFICATIONS (CIVIL) 1.00 Earth Work 1.1 Applicable codes

The following Indian Standard Codes, unless otherwise specified herein shall be applicable. In all cases, the latest revision of the codes shall be referred to. a) IS – 4081 Safety code for blasting and related drilling operation b) IS – 1200 Method of measurement of building works. c) IS – 3764 Safety code for excavation work d) IS – 3385 code of practice of measurement of Civil Engineering works e) IS – 2720 Part II Determination of moisture content

Part VIII Determination of moisture content dry Density relation using light compaction Part XXVIII Determination of dry density of soils in place by the sand replacement method

Part XXIX Determination of dry density of soils, in- place, by the core cutter method 1.2 Classification

Any earth work will be classified under any of the following categories.

1.2.1 All Kinds of Soils These shall include all kinds containing kankar, sand, silt, moorum and/or shingle, gravel, clay, loam peat, ash, shale etc., which can generally be excavated by spade, pick-axe and shovel and which is not classified under soft and decomposed rock and hard rock defined below. This shall also include embedded rock boulders not bigger than 1 metre in any dimension and not more than 200mm in any one of the other two dimensions.

1.2.2 Soft Rock This shall include rock, boulders slag, chalk, slate, hard mica schist, laterite etc. which are to be excavated with or without blasting or could be excavated wit picks, hammer, crow bars, wedges. This shall also include rock excavation in macadam and tarred roads and pavements. This shall also include rock boulders not bigger than 1 metre any dimension and not more than 500mm in any one of the other two dimensions rubble masonry to be dismantled will also be measured under this item.

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1.2.3 Hard Rock

This shall include rock which cannot be easily excavated with pick-axes, hammer, crow bars and wedges but has to be either heated where blasting is prohibited or has to be blasted. They shall be stacked separately for measurement as directed by the Engineer-in-charge.

1.3 Filling in Plinth and Ground with Earth Brought from Outside 1.3.1 Filling shall be carried out with approved material. The material and source shall be

subject to prior approval of Engineer-in-charge. The approved area from where the fill material is to be dug shall be cleared of all bushes, roots, plants, rubbish etc. top soil containing salts, sulphate and other foreign material shall be removed. The materials so removed shall be burnt or disposed off as directed by Engineer-in charge. The contractor shall make necessary access roads to those areas and maintain the same, if such access road does not exist at his cost.

1.3.2 If any material is rejected by the Engineer-in-charge, contractor shall remove the

same forthwith from the site at no extra cost to the owner. Surplus fill material shall be disposed of by uniform spreading within the site as instructed by the Engineer-in-charge.

2.0 Concrete and Allied Works 2.1 General

The quality of materials, method and control of manufacture and transportation of all concrete work irrespective of mix, whether reinforced or otherwise shall conform to the applicable portions of this specification.

2.2 Materials

The ingredients to be used in the manufacture of standard concrete shall consist solely of standard type Portland cement, clean sand, natural coarse aggregate, clean water and admixtures.

2.2.1 Cement 2.2.1.1 If the contractor is instructed to supply cement, then the following points shall be

applicable:

a) Unless otherwise specified the cement shall be ordinary Portland cement in 50Kg bags. The use of bulk cement will be permitted only with the approval of Engineer.

b) A certified report attesting to the conformance of the cement to IS specifications

by the cement manufacture’s chemist shall be furnished to Engineer if demanded.

c) Cement held in storage for a period of ninety (90) days or longer shall be tested. Should at any time Engineer have reasons to consider that any cement is defective, then irrespective of its origin and/or manufactures test certificate such

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cement shall be tested immediately at contractor’s cost at an approved laboratory and until the results of such tests are found satisfactory, it shall not be used in any work. Contractor shall not be entitled to any claim of any nature on this account.

2.2.1.2 If the cement is supplied by the client :

Contractor will have to make his own arrangements for the storage of cement. If supplies are arranged by owner, cement will be issued in quantities to cover work requirements of one month or more, as deemed fit by Engineer and it will be the responsibility of contractor to ensure adequate and proper storage. The storage arrangements shall be approved by Engineer.

2.2.2 Aggregates 2.2.2.1 Aggregate in general designates both fine and coarse inert materials used in the

manufacture of concrete fine aggregate is aggregate all of which passes through 4.75mm. IS sieve Coarse aggregate is aggregate most of which is retained on 4.75mm sieve.

2.2.2.2 All fine and coarse aggregates proposed for use in the work shall be subject to

Engineer’s approval and after specific materials have been accepted the source of supply of such materials should not be changed without prior approval of Engineer.

2.2.2.3 Aggregate shall, except as noted above, consist of natural sands, crushed stone and

gravel from a source known to produce satisfactory aggregate for concrete and shall be chemically inert, strong, hard, durable against weathering, of limited porosity and free from deleterious materials that may cause corrosion of the reinforcement or may impair the strength and/or durability of concrete. The granting of aggregates shall be such as to produce a dense concrete of specified strength and consistence that will work readily into position without segregation and shall be based on the mix design and preliminary test on concrete specified later.

2.2.2.4 Sampling and Testing

Samples of the aggregates for mix design and determination of suitability shall be taken under the supervision of Engineer and delivered to the laboratory well in advance of the scheduled placing of concrete. Records of test which have been made on proposed aggregates and on concrete made from this source of aggregates shall be furnished to Engineer in advance of the work for use in determining aggregate suitability. The costs of all such tests, sampling etc. shall be borne by the contractor.

2.2.2.5 Storage of Aggregates All coarse and fine aggregates shall be stacked in stock separately in stock piles in the materials yard near the work site or if instructed in bins properly constructed to avoid inter mixing of different aggregates. Contamination with foreign materials and with earth during and while heaping the materials shall be avoided. The aggregate must be of specified quality not only at the time of receiving at site but more so at the time of loading into mixer.

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2.2.2.6 Screening and Washing

a) Sand shall be prepared or used for such screening or washing or both as necessary to remove all objectionable foreign matter while separating the sand grains to the required size fractions. b) Natural gravel and crushed rock shall be screened and/or for the removal of dirt or dust coating, if so demanded by Engineer.

2.2.3 Water 2.2.3.1 Water used for both mixing and curing shall be free from injurious amounts of

deleterious materials. Potable waters are generally satisfactory for mixing and curing concrete.

2.2.3.2 In case of doubt, the suitability of water for making concrete shall be ascertained by

the compressive strength and initial setting time test specified in IS- 456. The sample of water taken for testing shall be typical of water proposed to be used for concerting, due a account being paid to seasonal variation. The sample shall not receive any treatment before testing other than that envisaged in the regular supply of water proposed for use in concrete. The sample shall be stored in a clean container previously rinsed out with similar water.

2.2.4 Brick Aggregates

The brickbats shall be of new bricks well burnt, hard, durable and broken to sizes, well graded. It shall be free from dust, the size shall be of 37mm and down. It shall be free from earth and other impurities.

2.2.5 Concrete Mix Design

All concrete in the works shall be of design mix as defined in IS –456, unless it is a nominal mix concrete such as 1:3:6, 1:4:8 or 1:5:10.Whether reinforced or otherwise, all design mix concrete works to be carried out under this specification shall be divided in to the following classifications.

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MINIMUM COMPRESSIVE IS 15 CM CUBES AT 7 AND 28 DAYS AFTER MIXING. CONDUCTED IN ACCORDANCE WITH IS 516

Class preliminary Test Work Site Test max. size of Minimum cement N/SQ.MM N/SQ.MM aggregate mm content per cum. -------------------------------------------------- at 7 days at 18 days at 7 days at 28 days -------------------------------------------------------------------------------------------------- M42 35.0 54.0 27.0 46.0 20 550Kg M35 31.0 45.0 23.5 39.0 20 470Kg M30 28.0 42.0 20.0 33.0 40 or 20 420Kg M25 23.5 35.0 17.0 28.0 40 or 20 380Kg M20 19.4 29.0 13.5 22.0 40 or 20 360Kg M15 14.0 17.0 10.0 16.0 40 or 20 300Kg

2.2.5.1 Mixing shall be done by a mixer machine as per IS 516 in such a manner as to avoid loss water. The cement and the aggregate shall first be mixed dry until the mixture is uniform in colour. The coarse aggregate shall be then be added, mixed and water added and mixed thoroughly for a period of not less than 3 minutes until the resulting concrete is uniform in appearance. Each mix of concrete shall of such a quantity as to leave about 10% excess concrete after moulding the desired number of test specimens.

2.2.5.2 Compression tests of concrete cubes shall be made as per IS 516 on 15cm cubes.

Each mould shall be provided with a metal base having a plane surface so as to support the mould during filling without leakage. The base plate shall be preferably attached to the mould by springs or screws. The parts of the mould when assembled shall be positively and rigidly held together. Before placing concrete the mould base plate shall be cleaned and oiled.

2.2.5.3 Water proofing Agent

Where specified and approved by Engineer-in-charge water proofing agent conforming to IS 2645 shall be added in quantities specified by Engineer.

2.2.5.4 Concrete shall be compacted during placing with approved vibrating equipment until the concrete has been consolidated to the maximum practicable density and is free of pockets of coarse aggregate and fits tightly against all form surfaces, reinforcement and embedded fixtures. Particular care shall be taken to ensure that all concrete placed against the form surfaces and into corners of forms or against hardened concrete at joints is free from voids or cavities. The use of vibrators shall be consistent with the concrete mix and caution exercised not to over-vibrate the concrete to the point that segregation results.

Vibrators shall conform to Is specifications. Type of vibrator to be used shall depend on the structure where concrete is to be placed. Shutter vibrators to be effective shall be firmly secured to the formwork which must be sufficiently rigid to transmit the vibration and strong enough not to be damaged by it. Immersion vibrators shall have

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no load frequency, amplitude and acceleration and acceleration as per IS 2505 depending on the size of vibrator. Immersion vibrators in sufficient numbers and each of adequate size shall be used to properly consolidate all concrete. Tapping or external vibrating forms by hand tools or immersion vibrators will not be permitted.

2.2.5.5 All concrete shall be cured by keeping it continuously damp for the period of time required for complete hydration and hardening to take place. Preference shall be given to the use of continuous sprays or ponded water continuously saturated covering of sacks, canvas, hessian or other absorb materials or approved effective curing compounds applied with spraying equipment capable of producing a smooth even textured coat. Extra precautions shall be exercised in curing concrete during cold and hot water as outlined hereinafter. The quality of curing water shall be the same as that used for mixing concrete.

2.2.5.6 Immediately after the shuttering is removed, the surface of concrete shall be very carefully inspected and all defective areas called to the attention of Engineer who may permit patching of the defective areas or also reject the concrete unit either partially or entirely. Rejected concrete shall be removed and replaced by contractor at no additional expense to owner. Holes left by form bolts etc. shall be filled and made good with mortar composed of one part of cement to one and half parts of sand passing 2.36mm. IS sieve after removing any loose stones adhering to the concrete shall be finished as described under the particular items of work.

2.3 Reinforcement Steel

2.3.1 General 2.3.1.1 Reinforcement bars, if supplies are arranged by contractor shall be either plain round

mild steel bars grade 1 as per IS 432 (part 1) or medium tensile steel bars as per IS 432 (part 1) or git rolled mild steel and medium tensile steel deformed bars as per IS 1139 or cold twisted steel bars as per IS 1786 as shown and specified on the Drawings. Wire mesh or fabric shall be in accordance with IS1566, substitution of reinforcement will not be permitted except upon written approval from Engineer.

2.3.1.2 Plain round mild steel bars grade 11 as per IS 432 (part 1) may be used with prior

approval of Engineer in writing and with 10% increase in the reinforcement area but its use shall not be permitted in structures located in earthquake zones subjected to severe damage (as per IS 1895) or structures subject to dynamic loading (other than wind loading) such as frames supporting rotary or reciprocating machinery etc.

2.3.1.3 All reinforcement shall be clean, free from grease, oil, paint, loose mill scale, loose

rust, dust, bituminous material or any other substances that will destroy or reduce the bond. All rods shall be thoroughly cleaned before being fabricated, pitted and defective rods shall not be used.

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2.3.2 Inspection

Erected and secured reinforcement shall be inspected, jointly measured and recorded and approved by Engineer prior to replacement or concrete.

3.0 Masonry Works 3.1 Brick 3.1.1 Bricks used in works shall be bricks of specified crushing strength as described in the

schedule of quantities. They shall have the following general properties. 3.1.2 They shall be sound, hard, homogenous in texture, well burnt in kiln without being

verified, table moulded, deep red, cherry or copper coloured of regular shape and size and shall have sharp and square and paralleled faces. The bricks shall be free from pores, chips, flows or humps any kind bricks containing ungrounded particles and which absorb water more than 1/5th of their weight when soaked in water for twenty four hours shall be rejected. Over burnt or under burnt bricks shall be liable to rejection of these of bricks. Bricks shall give a clear ringing sound when struck.

3.1.3 Samples of bricks shall be submitted before starting the brickwork to the Engineer for

approval bricks supplied shall conform to these approved samples. Brick sample shall be got tested as per IS 3495 contractor at no extra cost. Bricks rejected by Engineer shall be removed from the site of works within hours,

Mortar

Mix or cement mortar shall be as specified in the respective items of work. Gauge boxes for sand will be of such dimensions that one complete bag of cement containing 50kg of cement forms one unit. The sand shall be free from clay, shale, loam, alkali and organic matter and of sound, hard, clean and durable practices. Sand shall be approved by the Engineer, if so directed by the Engineer sand shall be thoroughly washed till it is free of any contamination.

Workmanship

All Laterites shall be neately dressed before being laid. The cement mortar for Laterite masonry work shall be as specified in the respective item of work. Rubble Masonry

Stones for this work shall be hard, durable rock, close or fine grained and uniform in colour, free from veins, flaws and other defects and shall conform to IS 1597 (part1) . The stones shall be laid in mortar proportions specified for the particular item of work. Stones shall be got approved.

Mortar

The mortar for the work shall be as specified in the respective item of work. Curing of masonry continue for a minimum of ten days.

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4.0 Finishing Works 4.1 Plastering 4.1.1 The surface to be plastered shall be washed with fresh clean water from all dirt, loose

material grease etc., and thoroughly wetted for 6 hours plastering work is commenced. Concrete surface to be plastered will however be kept dry. The wall should not be too wet but only damp at the time of plastering. The damping shall be uniform to get uniform bond between the plaster wall. The junction between the brickwork and RCC should be fixed with chicken wire mesh/PVC strip as directed before plaster.

4.1.2 The proportion of the mortar shall be as specified under the respective items of work.

Cement shall be mixed thoroughly in dry condition and then just enough water added to obtain a workable consistency. The quality of water, sand and cement shall be as mentioned in the specifications for concrete and allied works. The mortar thus mixed shall be used immediately and in no case shall the mortar be allowed to stand for more than 30 minutes after mixing with water. The plaster shall be laid in a single coat. The mortar shall be splashed on the prepared surface with a trowel and finished smooth by trowelling. The plastered surface shall be rubbed with iron plate till the surface shows cement paste. The work shall be in line and level. Curing of plaster shall be started as soon as the applied plaster has hardened enough so as not to be damaged. Curing shall be done by continuously applying water in a fine spray and shall be carried out for at least 7 days.

4.2.1 Providing and Applying Cement Paint

This may be “SNOWCEM” or of equivalent make. The surface shall be prepared as specified for white wash. This shall be applied with brush on the plastered wall. The strokes shall be even and it shall be cured at least 7 days. No patch or brush stroke shall be seen. Three coats shall be applied.

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APPENDIX I

REQUIREMENT OF LAND AREA FOR CONTRACTOR

1. I/We require land of areas………………………………………………….

For the construction of……………………………………………………….by

me/us at my/our own cost and as per relevant rules and regulations specified in this

tender schedule for housing my/our labour and/or staff who will be engaged on the

construction work if entrusted to me/us by the company as part of the tender.

2.We require land of area…………………………………………………….for the

offices, stores etc. to be constructed by me/us at my/our own cost and as per rules and

regulations specified in this tender.

Signature of Tenderer

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APPENDIX II

DETAILS OF EXPERIENCE

(Tender has to fill in the under noted columns)

Sl. No.

Full particulars of similar works carried out by

tenderer

Amount of works

Completion time as states in tender

Actual completion

time

* Name and Address of

authorities for whom work was carried

out

** The exact nature of

association of the contractor who received work shall be given clearly in this column

* Work executed in the name of the Tenderer. ** Work executed by the tenderer not in the name of the tenderer, but in different partnership. Separate sheet duly signed may be attached if space is insufficient.

Signature of Tenderer

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APPENDIX III

CURRENT COMMITMENTS

(Tender shall give information about his present commitments as per proforma)

Sl. No.

Full postal address of

client & name of officer –in-charge with

telex/telephone No.

Description of the work

Value of

contract

Date of commencemen

t of work

Scheduled completion

period (months)

Stage of completion as on date

Expected date of

completion

Remarks If any

Certified that the above information is correct. Signature of the Tenderer

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APPENDIX IV

INFORMATION REGARDING EQUIPMENTS WHICH THE TENDERER PROPOSED

TO USE FOR THIS WORK

Sl.No.

Description Number Make Capacity Owner Approximate date when it

will be deployed at

the site

Period of

retention

Certified that the above information is correct.

Signature of Tenderer

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APPENDIX V

INFORMATION ABOUT TENDERER

A. IN CASEOF INDIVIDUAL 1) Name of Business. His age and father’s Name 2) Whether his Business is Registered 3) Date of Commencement of Business 4) Whether he pays Income Tax over Rs. 10,000/- per year B. IN CASE OF PARTNERSHIP 1) Name of Partner 2) Whether the Partnership is Registered 3) Date of Establishment of Firm 4) If each of the partners of the firm pays Income Tax over Rs. 10,000/- a year and if not which of them pays the same 5) Copies of Partnership deed, if any C. IN CASE OF COMPANY LIMITED BY SHARES OR COMPANY LIMITED BY GUARANTEE

1) Amount of paid up capital 2) Names of Directors

3) Date of Registration of Company

4) Copies of the last two (2) years balance sheet of the Company

4) Certified copies of Memorandum and Articles of Association of Company. Signature of Tenderer

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APPENDIX VI

PROFORMA FOR BANK GUARANTEE

BANK GUARANTEE NO.

(To be executed on Rs. 150/- non-judicial stamp paper) In accordance with your invitation to bid under your Tender Notice No……………………………………due on…………………………………Messers. ………………………………………………………………..having its Head/Registered office at…………………………………………. (hereinafter called the Bidder) wish to participate in the said bid for…………………………………………………………………………………………………………………………………………………………………………………. As and irrevocable bank guarantee against bid guarantee for and amount of Rs. …………………………… (Rupees………………………………………….. only) for Bidder as a condition precedent for participation in the said bid which amount is liable to be forfeited on the happening of any contingencies mentioned in the bid documents: We, (Name of the bank with address) ……………………………………….having our Head/Registered office at………………………………………… hereby undertake to pay immediately on demand by……………………………………. the amount of Rs………………….. (Rupees……………………………………………… only) with out any reservation, protest, demur or recourse. Any such demand made by the said…………………………………………..shall be conclusive and binding on us irrespective of any dispute of difference raised by the Bidder. This guarantee shall be irrevocable and shall remain valid up to……………………………………….. if any further extension of this guarantee is required, the same shall be extended to such required period on receiving instructions from Messers……………………………………………………….on whose behalf this guarantee is issued. Unless a claim or demand in writing is made against the bank under this guarantee before the expiry of three months from the aforesaid date, ie., before (add 3 months to the date up to which the guarantee is valid) day……………………………….20………………….and such extended period, if any, all company’s rights under the said guarantee shall be forfeited and the bank shall be relieved and discharged from all liabilities hereunder.

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This guarantee shall be treated as an unconditional guarantee and the bidder shall have no right to object or obstruct in any way, the enforcement of fair guarantee. In witness where of the bank through its authorised officer as set its hand and stamp on this…………………………………………………..day of……………………… 20………………….. Place: Signature of the Authorised Signatory Date: Seal of the bank Witness: 1. Signature: Name and Address 2. Signature: Name and Address

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APPENDIX VII

PROFORMA FOR BANK GUARANTEE -SECURITY DEPOSIT (To be executed on Rs. 150/- non-judicial stamp paper)

ON NON – JUDICIAL PAPER OF APPROPRIATE VALUE

To Dear Sirs, M/s…………………………………………………Have taken tender for work of ………………………………………………………………………………………………………………………………………………………………………………………………………………………for………………………………………………………………………………………………………………………………………. The tender conditions of contract provide that the contractor shall pay a sum of Rs………………….(Rupees…………………………………………………………………………………….only) as Earnest Money/Initial/Full Security Deposit in the form therein mentioned. The form of payment of Earnest Money /Security Deposit includes guarantee executed by Nationalised Bank, undertaking full responsibility to indemnify………………………………………………..in case of default. The said…………………………………have approached us and at their request and in consideration of the promises we……………………………………………..having our office at………………………………………………………………………… have agreed to give such guarantee as herein after mentioned. 1. We………………………………………………………hereby undertake and agree with you that if default shall be made by M/s……………………………………..in performing any of the terms and conditions of the tender or in payment of money payable to……………………………………we shall merely on demand without demur or protest pay to you the said amount of rupees…………………………..only or such portion thereof not exceeding the said sum as you may from time to time require. 2. We…………………………………………………………………………….further agree you that you will have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of contract with the said……………………………………………or to extent time of performance by contractor from time to time any of the powers exercisable by you against contractor and to forbear or enforce any of the terms and conditions relating to contract and we shall not be relieved from our liability by reason of any such variation or extension being granted to contractor or for any forbearance act or omission on your part or any indulgence by you to contractor or by any such matter or thing whatsoever which under the law relating to sureties would but for this provisions have effect of so relieving us.

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3. Your right to recover the said sum of Rs……………………………(Rupees ………………………………………………only) from us in manner aforesaid will not be affected or suspended by reason of the fact that any disputes have been raised by the said M/s………………………………………………….and/or that any dispute or disputes are pending before any officer, tribunal or court or any other forum. 4. The guarantee herein contained shall not be determined or affected by the liquidation or winding up, dissolution or change of constitution or insolvency of the said…………………………………………………………..but shall in all respects and for all purposes be binding and operative until payment of all money due to you in respect of such liabilities is paid. 5. Our liability under this guarantee is restricted to Rupees………………………...our guarantee shall remain in force until……………………………………..unless a claim or demand in writing is made against under this guarantee before the expiry of three months from the aforesaid date ie., before……………………………….day of 20…………all your rights under the said guarantee shall be forfeited and shall be relieved and discharged from all liabilities there under. 6.We have power to issue this guarantee in your favour under memorandum and articles of association undersigned has full power to do under the power of Attorney dated……………………………………………………….granted to him by the bank. 7. We…………………………………………………………….lastly under take not to revoke this guarantee during its currency except with your previous consent in writing and further agree to extend the same if you so require and inform to us in writing. 8. This guarantee shall be treated as an unconditional guarantee and the contractor shall have no right to object or obstruct in any way the enforcement of this guarantee. Yours faithfully ……………….Bank by its constituted Attorney

Signature of a person duly authorised to sign on behalf of the bank

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APPENDIX VIII

REQUIREMENT OF CONSTRUCTIONAL EQUIPMENTS/TOOLS

For the timely completion of the project the contractor shall engage necessary constitutional equipments/tools as directed by the Engineer-in-charge. 1. Mixer Machine : 2. Vibrators : 3. Welding Set : 4. Compressor : 5. Builders hoist : 6. Cube moulds : 7. Bar cutting Machine : 8. Theodolite : 9. Dumpy Level : 10.Vibratory Plate Compactor : 11.Curing Pumps (3HP) : 12.Standby Generator :

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APPENDIX IX

SPECIFICATION/BRAND/MAKE OF MATERIALS

Sl.No. Details of Materials Make / Brand 1

Cement

Malabar, Dalmia, ACC

2 Steel Tata, Sail,Tisco,IIsco, Vizag or equivalent as approved

3 Paint, Distember ICI,Berger,Asian,Jotun,Garwar or equivalent as approved.

Materials are to be approved and brought in to the stock of Oushadhi prior to use

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66

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PRELIMINARY AGREEMENT

(Typed on Rs. 100/- non-judicial Stamp paper) The preliminary agreement entered into on this…………………………………….day of …………………………………………….20….. and M/s Pharmaceutical Corporation (I.M) Kerala Limited, Oushadhi ( hereinafter called the Oushadhi) on the one part and Shri…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..(here enter full name and address of the tenderer ( hereinafter called the Tenderer) of the other part for the execution of the work ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. Whereas the Oushadhi invited tender for the work………………………………………………………………………………………………………………………………………… (here enter the name of the work by Notification No….. ……………………………………………………..dated……………………………in the……………………………………………………………………………………… …..…………………………………………………………………………………………………………………………………………………………………………………

AND WHEREA PARA 7,8,9 OF TENDER CONDITIONS STATES AS FOLLOWS:

7. The successful tenderer will have to enter into an agreement at his cost and expense with the Corporation within 10 days of intimation of acceptance of tender failing which the amount of EMD shall be forfeited and acceptance of his tender shall be treated as withdrawn and the work will be awarded to next lowest tenderer or to another agency at the risk and cost of the successful tenderer.

8. The successful tenderer on or before the date stipulated in the letter intimating acceptance of the tender will have to furnish security deposit as per clause2-19-1

9. If the successful tenderer fails to execute the agreement and/or furnish the security deposit within the stipulated time or withdrawn the tender after communication of acceptance or fails to commence the work due to any reason whatsoever, the contract will be terminated at the risk and the cost of the successful tenderer and the earnest money deposit/security will be forfeited. Further the successful tenderer will be held liable for all the loss and damages sustained by the Corporation by reason of such breach and such loss and/or damage shall be assessed by the Managing Director whose decision in this behalf shall be final and binding on the successful tenderer and will be recovered from him as arrears of revenue. But should it be a saving to the client, the original contractor shall have no claim whatsoever to the difference. Recoveries on this or any other account will be made from the sum that may be due to the contractor on this or any other subsisting contracts or under the Revenue Recovery Act or otherwise the Corporation may decide.

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NOW THEREFORE THESE PRESENTS WITNESS AND IT IS MUTUALLY AGREED AS FOLLOWS: 1.The terms and conditions for the said contract having been stipulated in the said tender form to which the tenderer has agreed one copy of which is hereto appended which forms part of this agreement, except to the extend to which they are abrogated or altered by express terms and conditions herein agreed to and in which respect the express provisions herein agreed to and in which respect the express provisions herein shall supersede those of the said tender form.

2. The tenderer hereby agree and undertake to perform and fulfil all the operations and obligations connected with the execution of the said contract work (here enter the name of work)………………………………………………………………… …………………………………………………………………………………….

Date : Signature of the Tenderer Witness 1) Signature Name and Address 2) Signature Name and Address

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ARTICLES OF AGREEMENT

(The following articles of agreement shall be signed by the successful tenderer (contractor) and the client on a non-judicial stamp paper of value Rs.100/-. The stamp paper shall be purchased by the contract at his expense) ARTICLE OF AGREEMENT made the………………………………………….. day of………………………………………………………20……. between (Name of the client)……………………………………………………………………………………………………………………………………………………………………………………………………………………(herein after referred to as Oushadhi) on one part and (Name of tenderer)…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………(hereinafter referred to as Contractor). WHEREAS as the Oushadhi desirous (write the details of work in brief)…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. WHEREAS the said drawings, specifications, priced scheduled of work or quantities or proforma for quoting have been signed by on behalf of both the Oushadhi and the Contractor as parties hereto. WHEREAS the contractor has agreed to execute upon and subject to the conditions set herein, the works shown upon drawings or described in the specifications/schedule of work or quantities showing the work to be done. WHEREAS the Contractor has submitted the security deposit of Rs……………………………………….in the form of (details of DD or Rt)……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..

NOW IT IS HERE BY AGREED AS FOLLOWS

In consideration of payment to be made to the contractor as hereafter provided he shall upon and subject to the said conditions execute and complete the works shown upon the said drawings described in the specification /schedule of work or quantities or proforma for quoting and such further detailed drawings and/or instruction may be furnished to him. The Oushadhi shall pay the contractor such sums as shall be payable to him in terms of the conditions at the time and in the manner specified in the conditions.

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The contractor is as referred to execute all works tendered any other subsidiary works conducted within the same site as may be ordered from time to time although such works may not be described in the tender. The Oushadhi reserve to themselves the right of altering the tendered work or nature of work and of adding to or omitting any item or works or of having portions of the same carried out departmentally or otherwise and such alterations or variations shall be carried out without prejudice to this contract. The tender documents shall be read and constructed together as forming part of this contract and the parties hereto will respectively abide by and submit themselves to the conditions and stipulations and perform the contract on their parts respectively. The several parts of this contract have been read and fully understood by me, the undersigned. In witness whereof the parties hereto have hereunder set their hands this………………………...day of …………...………………………………20……... Oushadhi Contractor ………………………………………………………………………………………….. (Signed by the said) (Signed by the said) Name ………………………………… Address ………………………………… ………………………………… ………………………………… ………………………………… Witness 1) ……………………………… ……………………………… ……………………………… 2)………………………………. ……………………………….. ………………………………..

Name ………………………………… Address ………………………………… ………………………………… ………………………………… ………………………………… Witness 1) ……………………………… ……………………………… ……………………………… 2)………………………………. ……………………………….. ………………………………..