Piling WorksTender

8/10/2019 Piling WorksTender

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Piling Works For Proposed New Build ingof IIT Madras Research Park at

Kanagam Road, Taramani,Chennai- 600 113

Piling Works For Proposed New Building ofIIT Madras Research Park,

at Kanagam Road, Taramani,Chennai- 600 113

TENDER


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INDEX

SL.NO.

CONTENT PAGE NO

1 SECTION -1

1.1 NOTICE INVITING BID (NIB) 1-4

1.2 BID PROPOSAL FORM 1-2

1.3 BG FOR EMD 1-2

2 SECTION -2

2.1 GENERAL CONDITIONS OF CONTRACT (GCC) 1-55

2.2 CONTRACT DATA SHEET 1-2

2.3 SPECIAL CONDITIONS OF CONTRACT (SCC) 1-3

3.0 TECHNICAL SPECIFICATIONS 1-14

4.0 BILL OF QUANTITIES (BOQ) 1-5


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Piling Works For Proposed New Buildingof I IT Madras Research Park at


Notice Inviting Bid Page 1 of 4 Section-1.1

NOTICE INVITING BID (NIB)

1.0 Item rate bids are invited by C.O.O.., IIT Madras Research Park from contractors whosatisfy the criteria mentioned in the RFQ documents for the work ofPiling Works forProposed New Buildings of IIT Madras Research Park at, Kanagam Road,Taramani, Chennai.

2.0 Agreement shall be drawn with the successful bidder on the prescribed form.

3.0 The time allowed for carrying out the work is 155 Days which will be reckoned fromthe 7th day after the date of written orders to commence the work or from the first day ofhanding over of the site, whichever is later, in accordance with the milestones, if any,

indicated in the Bid Documents

4.0 Bid documents can be downloaded from: http://respark.iitm.ac.in/ on or after 01-5 2013.

The cost of the document, which is Rs 3000, shall be furnished along with EMD at thetime of submission of the tender in the form a Demand draft drawn on a scheduled bankin favour of IIT Madras Research Park and payable at Chennai

5.0 Earnest Money Deposi t

5.1 Earnest Money of Rs. 5,00,000/- (Rupees Five Lacs only) by a Demand Draftpayable at Chennai / Band Guarantee (BG) of a Scheduled Bank in favour of IITMadras Research Park,must be furnished with the Bid, failing which the Bid shall beliable to be rejected summarily. The BG should be in the enclosed format.

The cost of tender document and EMD shall be submitted in a separate envelope.Only if the EMD is for the specified amount and in the acceptable format, the bidswill be opened for further processing.

5.2 The Earnest Money Deposit of the unsuccessful bidders will be returned within 60days from the end of the Bid Validity period specified in Sub-Clause 14 .

5.3 The Earnest Money Deposit of the successful bidder will become part of SecurityDeposit as per the provision 21.0 of General Conditions of Contract.

5.4 The Earnest Money Deposit is liable to be forfeited;

5.4.1 If the bidder withdraws his bid during the period of Bid Validity;

5.4.2 Makes any modification in the terms and conditions of the Bid which isnot acceptable to the Employer.
http://respark.iitm.ac.in/http://respark.iitm.ac.in/http://respark.iitm.ac.in/


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5.4.3 In case of successful bidder :-

5.4.3.1 Fails to submit Performance Security as per the Clause 22 ofGeneral Conditions of Contract.

5.4.3.2 Fails to mobilise for the execution of the Work within stipulatedperiod mentioned in Contract Data.

5.4.3.3 Fails to sign formal Agreement within 30 days from the date ofissue of Letter of Acceptance.

6.0 A pre-bid meeting is scheduled on 7 May 2013 at 02:30 PM., at the addressmentioned below. The bidders are requested to send their queries (if any) latest by4:00 P.M. on 5 May 2013 to

Mr. Rajendra MoothaIIT Madras Research ParkNo. 1FA, 1stFloor, Kanagam RoadTaramani, Chennai 600 113

Contacts: Mr. Rajendra Mootha +91 90834 41414Mr. Balakrishnan +91 94449 07537

Or Email to the follow ing addresses :

1) [email protected]

2) [email protected]

The minutes of the Pre bid meeting will be circulated to all who have attended themeeting. It will also be published in the web site of IITMRP. Not attending the pre bidmeeting will not be a disqualification for processing the tender.

7.0 Submission of the bid

The bids shall be submitted as given below

Envelope 1 this will contain a demand draft for an amount of Rs 3000 towards thecost of tender document and EMD of Rs 5,00,000 in the formats specifiedabove

Envelope 2 this will contain details called for the RFQ documents.

Envelope 3 this will contain the tender for the work.
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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8.0 All the three envelopes shall be placed in another envelope and sealed. The name of thework and date of opening may be super scribed on the envelope and submitted to

Mr. Rajendra Mootha,C. O.O.,IIT Madras Research ParkNo. 1FA, 1stFloor, Kanagam RoadTaramani, Chennai 600 113

up to 4.00 P.M. on 15 May 2013.

9.0 Bidders are advised to inspect and examine the site and its surroundings and satisfythemselves before submitting their bids as to the nature of the ground and sub-soil, theform and nature of the site, the means of access to the site, the accommodation theymay require and in general shall themselves obtain all necessary information as to risks,contingencies and other circumstances which may influence or affect their bid. A biddershall be deemed to have full knowledge of the site whether he inspects it or not and noclaims / extra charges consequent on any misunderstanding or otherwise shall beallowed.

10.0 Submission of a bid by a bidder implies that he has read this notice and all other contractdocuments and has made himself aware of the scope and specifications of the work tobe carried out and of conditions and rates at which stores, tools and plant, etc. will be

issued to him by the Client and local conditions and other factors having a bearing onthe execution of the work.

11.0 The employer does not bind itself to accept the lowest or any other bid and reserves toitself the right to reject any or all the bids received without the assignment of any reason.The bidders shall bear all the cost of preparation of the bid and all expenses inconnection thereof and shall not be entitled for any compensation in the event of nonacceptance of the bid including the employer not proceeding with the Project.

11.0 All bids in which any of the prescribed condition(s) is not fulfilled or any conditionincluding that of conditional rebate is put forth by the bidder, shall be liable to besummarily rejected.

12.0 Canvassing whether directly or indirectly, in connection with bids is strictly prohibited andthe bids submitted by the contractors who resort to canvassing will be liable to rejection.

13.0 The employer reserves to himself the right of accepting the whole or any part of the bidand the bidder shall be bound to perform the same at the rates quoted.

14.0 The bid for the works shall remain open for acceptance for a period of 60 (Sixty)daysfrom the date of submission of the bid. If so requested by the employer the validity of the


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bid shall be extended for a further period of 30 (Thirty)days at the same and conditions

of original submission.

15.0 Authority to Sign the tender documents

15.1.0 If the bidder is an individual , he/she should sign above his / her type written

name and the current address.

15.1.1 If the bidder is a proprietary firm, the Proprietor should sign above his type

written name and full name of his firm with current address.

15.1.2 If the bidder is a firm in partnership , the document should be signed by all thepartners of the firm above their full type written name and current addresses.

Alternatively the document should be signed a Partner holding Power of Attorney

for the firm and in this case a certified copy of the Power of Attorney should

accompany the Documents. In both cases a certified copy of the Partnership

Deed and current address of all the partners of the firms should be furnished.

15.1.3 If the bidder is a limited Company or a Corporation, the Document shall be

signed by a duly authorized person holding Power of Attorney for signing the

Documents accompanied by a copy of the Power of Attorney.

16.0 The bidder shall fill in rates and prices for all items of work indicated in the Bill ofQuantities. Corrections, if any, shall be made by crossing out, initialing and rewriting.

17.0 Any error in description , quantity or any omission here from shall not vitiate the contractor release the contractor from the execution of the whole or any part of the workcomprised herein according to drawings and specifications or from any of his obligationunder the contract.

18.0 Correction of Errors

18.1.0 This being an item rate tender, only the rates quoted shall be considered.

18.1.1 Any tender containing percentage below / above the rates quoted is liable to be

rejected.

18.1.2. Rates quoted by the bidder shall be accurately filled in so that there is no

discrepancy in the rate written in figures and words. However if a discrepancy is


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found, the rates which correspond with the amount worked out by the bidder shall

unless otherwise proved, be taken as correct.

18.1.3 If the amount on an item is not worked out by the bidder or it does not

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

quoted in words shall be taken as correct.

18.1.4 Where the rates quoted by the bidder in figures and in words tally but the amount

is not worked out correctly the rates quoted by the bidder unless otherwise

proved, be taken as correct and not the amount.

19.0 Bidders shall submit the documents mentioned below along with the tender :-

19.1 Bidders proposed methodology of construction.

19.2 Program for execution of the work in the form of PERT chart listing all theactivities with definable milestones taking into account the overall time schedule/milestones and the scope of the work.

19.3 A resource deployment schedule indicating his proposal for deployment ofmaterials, manpower and construction equipments for completing the work withinscheduled time of completion.

19.4 Quality control procedures proposed to be adopted for ensuring quality.

19.5 Environment, Health & Safety (EHS) Plan at work site.

20.0 Bidder shall treat the bid documents, drawings and other records connected with thework as confidential documents and shall not communicate information derived there-from to any person other than a person to whom bidder is authorized to communicatethe same.

21.0 This Notice Inviting Bid (NIB) shall form a part of the Contract document

In case of any query please contact Mr. Rajendra Mootha at the telephone /emailmentioned in this document


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Piling Works For Proposed New Buildingof IIT Madras Research Park at


Bid Proposal Form Page 1 of 2 Section 1.2

BID PROPOSAL FORM(TO BE IN THE BIDDERS LETTER HEAD)

DATED:

To,

Mr. Rajendra MoothaIIT Madras Research ParkNo. 1FA, 1st Floor, Kanagam RoadTaramani, Chennai 600 113

Subject: Piling Works for Proposed New Buildings of IIT Madras ResearchPark at Kanagam Road, Taramani, Chennai.

Dear Sir,

1. Being duly authorized to represent and act on behalf of_______________________________________________(hereinafter called the bidder )and having reviewed and fully understood all information provided in this bid document, theundersigned hereby submit our proposal as a contractor for the execution of the work forwhich the bid proposal is invited.

2. Attached to this letter is the bid proposal comprising the following; (Bidder to indicate thecontent of Bid proposal)

The Employer and/ or their PMC may contact the following person(s) in connection withthe bid.

Name:

Address:

Phone No.:

E-mail:

3. This bid proposal is made in full understanding that bidder may be subjected to verificationof all information by the Employer.

We understand and acknowledge that the Employer reserves the right to:


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Bid Proposal Form Page 2 of 2 Section 1.2

a. Reject any or all bid proposals without assigning any reason there for, and the

Employer shall not be liable for any compensation / claims from any of bidderwhatsoever for such action.

The undersigned declare that to the best of their knowledge and belief the statements madeand the information provided in the Bid Proposal are complete, true and correct in every detail.

Yours faithfully,

Authorised Signatory:

Name and Title of Signatory:

Name of bidder: ..

Address: ..

Contact No.: .. Mobile No.:.

Date:


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BG for EMD Page 1 of 2 Section 1.3

BANK GUARANTEE FOR EARNEST MONEY DEPOSIT (EMD)

WHEREAS _________________________________________________ [Name and addressof the Bidder (hereinafter called the Bidder) is submitting his bid to IIT Madras ResearchPark, to provide the services on terms and conditions set forth in the said bid for the work ofPiling Works for Proposed New Buildings of IIT Madras Research Park at KanagamRoad, Taramani, Chennai.

AND WHEREAS it has been stipulated in the said Bid documents that the Bidder shall furnish

IIT Madras Research Park Earnest Money amounting to Rs5,00,000. (Rupees Five Lakhsonly) and this Earnest Money may be furnished in the form of Bank Guarantee issued by aNationalized / Scheduled bank for the sum specified therein.

AND WHEREAS we have agreed to give such a Bank Guarantee;

1. We, . (hereinafter referred to as the Bank) hereby undertake

to pay IIT Madaras Research Parkan amount not exceeding Rs.5,00,000 (RupeesFive Lakhs Only) on demand by IIT Madras Research Park.

2. We, .(indicate the name of the Bank) do hereby undertake topay the amounts due and payable under this guarantee without any demure, merely on ademand from IIT Madras Research Park stating that the amount claimed as required tomeet the recoveries due or likely to be due from the said contractor(s). Any such demandmade on the bank shall be conclusive as regards the amount due and payable by the bankunder this Guarantee. However, our liability under this guarantee shall be restricted to an

amount not exceeding Rs. 5,00,000 . (Rupees Five Lakhs only)

3. We, the said bank further undertake to pay IIT Madras Research Park the money sodemanded notwithstanding any dispute or disputes raised by the contractor(s) in any suitor proceeding pending before any court or Tribunal relating thereto, our liability under thispresent being absolute and unequivocal.

4. The Payment so made by us under this bond shall be a valid discharge of our liability forpaymentthere under and the Contractor(s) shall have no claim against us for making suchpayment.

5. We, . (indicate the name of the Bank) further agree that theguarantee hereincontained shall remain in full force and effect till the COO on behalf ofIIT Madras Research Park certify that the terms and conditions of the said tender havebeen fully and properly carried out by the said Contractor(s) and accordingly dischargesthis guarantee.


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BG for EMD Page 2 of 2 Section 1.3

6. This guarantee will not be discharged due to the change in the constitution of the Bank or

of theContractor(s).

7. We, . (indicate the name of the Bank) undertake not to revoke thisguarantee except with the previous consent of IIT Madras Research Park in writing.

8. This guarantee shall be valid up to unless extended on demand by IIT MadrasResearch Park.

9. Notwithstanding anything mentioned above, our liability against this guarantee is restricted

to Rs.5,00,000 ( RupeesFive Lakhs only) and unless a claim in writing is lodged with uswithin six months of the date of expiry or the extended date of expiry of this guarantee allour liabilities under this guarantee shall stand discharged.

Dated the ..day of for.(indicate the name of theBank)

Signature and Seal of the Guarantor ____________ In presence of

Name and Designation ______________________ 1. _______________________(Name, Signature & Occupation)

Address __________________________________ 2. _______________________(Name & Occupation)

Date ______________________________________


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Section 2

SECTION 2


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GCC

GENERAL CONDITIONS OF CONTRACT

(GCC)


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Contract Data Sheet Page 1 of 2 Section- 2.2

INDEX

Sl. No. Description

1.0 DEFINITIONS

2.0 HEADINGS AND MARGINAL NOTES AND INTERPRETATIONS

3.0 SINGULAR, PLURAL AND GENDER

4.0 PMC AND PMCs REPRESENTATIVE

5.0 REPRESENTATION ON WORKS

6.0 COMMUNICATIONS AND LANGUAGE OF CONTRACT

7.0 LAWS GOVERNING THE CONTRACT AND CO-RELATION OF

DOCUMENTS

8.0 COMPLIANCE WITH REGULATIONS AND BYLAWS

9.0 DISCLOSURE OF RELATIONSHIP

10.0 EMPLOYMENT OF EMPLOYEE OF EMPLOYER / PMC

11.0 ILLEGAL GRATIFICATION

12.0 GENERAL RESPONSIBILITY OF THE CONTRACTOR

13.0 OPPORTUNITY FOR OTHER CONTRACTORS

14.0 ASSIGNMENT AND SUBCONTRACTING

15.0 CONTRACTORS UNDERSTANDING

16.0 ADVANCES

17.0 PAYMENT, TAX DEDUCTION AT SOURCE AND SALES TAX ON WORKS

CONTRACTS

18.0 INDEMNITY BY EMPLOYER

19.0 OCCUPATION AND USE OF LAND

20.0 INDEMNITY BY CONTRACTOR

21.0 SECURITY DEPOSIT

22.0 PERFORMANCE SECURITY23.0 INSURANCE

24.0 EXCEPTED RISKS

25.0 TIME FOR COMPLETION AND PROGRAMME OF WORK

26.0 POSSESSION OF SITE

27.0 ACCESS TO SITE OF WORK

28.0 BORE HOLES AND EXPLORATORY EXCAVATION

29.0 COMMENCEMENT OF WORK

30.0 SPECIFICATIONS AND DRAWINGS31.0 RATES FOR ITEMS OF WORK TO BE ALL INCLUSIVE


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32.0 SETTING OUT

33.0 TEMPORARY WORKS

34.0 RELICS AND TREASURES

35.0 EXCAVATED MATERIALS

36.0 EMPLOYER NOT TO PROVIDE QUARTERS FOR CONTRACTOR

37.0 LABOUR CAMP

38.0 SHEDS, STORES, YARDS

39.0 ENGAGEMENT OF LABOUR

40.0 LABOUR LAW TO BE COMPLIED BY THE CONTRACTOR

41.0 CARE OF WORKS

42.0 EXTRAORDINARY TRAFFIC

43.0 CONTRACTOR TO KEEP SITE CLEAR

44.0 SAFETY PROVISIONS

45.0 ROADS AND WATER COURSES, ACCESS TO PREMISES AND SAFETY

OF PUBLIC

46.0 WORK DURING NIGHT

47.0 DAMAGE TO EMPLOYERS PROPERTY, PRIVATE PROPERTY AND LIFE

48.0 REPORTING OF ACCIDENTS TO LABOUR

49.0 PLANT AND MATERIALS SUPPLIED BY THE CONTRACTOR

50.0 SUPPLY OF WATER AND ELECTRICAL POWER

51.0 PROVISION OF EFFICIENT AND COMPETENT STAFF

52.0 MATERIALS AND WORKMANSHIP

53.0 REMOVAL OF IMPROPER MATERIALS AND WORKS

54.0 COVERING UP OF WORK

55.0 MODIFICATIONS TO WORK

56.0 VARIATION IN QUANTITY OF ITEMS COVERED BY THE BILL OF

QUANTITIES57.0 EXTRA ITEMS NOT IN THE BILL OF QUANTITIES

58.0 PRICE VARIATION

59.0 MEASUREMENTS OF WORK AND PAYMENTS

60.0 ON ACCOUNT PAYMENT

61.0 ROUNDING OFF

62.0 PRODUCTION OF VOUCHERS

63.0 SIGNATURE ON RECEIPTS FOR PAYMENTS

64.0 FORCE MAJEURE

65.0 DELAY AND EXTENSION OF CONTRACT PERIOD


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66.0 SUSPENSION OF WORKS

67.0 FORE-CLOSURE OR TERMINATION OF CONTRACT

68.0 WITHHOLDING AND LEIN FOR SUMS CLAIMED

69.0 RESCISSION OF CONTRACT DUE TO DEATH OF CONTRACTOR /

PARTNER

70.0 DETERMINATION OF CONTRACT DUE TO CONTRACTORS DEFAULT

71.0 COMPLETION CERTIFICATE & COMPLETION PLANS

72.0 CLEARANCE OF SITE ON COMPLETION

73.0 URGENT REPAIRS

74.0 FINAL MEASUREMENTS AND PAYMENTS

75.0 DEFECTS LIABILITY PERIOD AND MAINTENANCE CERTIFICATE

76.0 CLAIMS

77.0 SETTLEMENT OF DISPUTES AND ARBITRATION

78.0 MODIFICATIONS TO CONTRACT TO BE IN WRITING

79.0 LIEN IN RESPECT OR CLAIMS IN OTHER CONTRACTS


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GENERAL CONDITIONS OF CONTRACT

1.0 DEFINITIONS

In the Contract, as hereinafter defined, the following words and expressions shallhave the meanings hereby assigned to them, except where the context requiresotherwise.

a. Employer for this Contract is as named in the Contract Data.b. PMC means such person or company appointed by the Employer, and

notified in writing to the Contractor to act as the Project ManagementConsultant for the purposes of the Contract.

c. PMC Representative means any Assistant of the Project Manager, or anyclerk of works, appointed from time to time by the Project Manager.

d. Contractor:i. Contractor means the individual, firm, company, corporation, whetherincorporated or not, who enters into the Contract with the Employer,and shall include his heirs, his executors, administrators, successors orlegal representatives, as the case may be.

ii. Contractors Agent shall mean the person or persons authorized underpower of attorney duly executed to take all actions relating to the work,as could be taken by the Contractor himself.

iii. Contractors Representative shall mean a person in supervisorycapacity who shall be so declared by the Contractor and who shall beauthorized under a duly executed power of attorney to comply theinstructions and to receive materials issued by the PMC to theContractor for works. He shall be capable of taking responsibility for

proper execution of works.e. Sub-Contractor means the individual, firm, company, corporation, having

direct contract with the Contractor and to whom any part of the work has beensublet by the Contractor, with prior permission of the PMC and shall includehis heirs, his executors, administrators, successors or legal representatives,as the case may be.

f. Other Contractor or Others means the individual, firm, company,corporation, employed by or having a contract directly or indirectly with theEmployer otherwise than through the Contractor.

g. Bidder or Bidder means the individual, firm, company, corporation,submitting the bid/tender.

h. Scheduled Bank means a bank included in the Second Schedule to the

Reserve Bank of India Act, 1934, or modifications thereto.i. The Contract means the documents forming the bid and acceptance thereof

and the formal agreement executed between the Employer and theContractor with the documents referred to therein including these conditions,the specifications, the designs, the drawings and the instruction issued fromtime to time by the PMC and all these documents/instructions taken together,shall be deemed to form one contract and shall be complementary to oneanother.

j. Tender or Bid means the offer made by individual, firm, company,corporation, for the execution of the works.

k. Specification means the specification referred to in the Contract and anymodification thereof or addition thereto, as may from time to time be furnished

or approved in writing by the PMC.l. Drawings means maps, drawings, plans, tracings or prints thereof,calculations and technical information of a like nature provided by the PMC to


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the Contractor or annexed to the Contract, and any modifications of suchdrawings and further drawings that may be issued by the PMC from time to

time or approved by the PMC in writing. It includes such other drawings asare made from time to time and furnished by the Contractor and approved bythe PMC.

m. Bill of Quantities means the priced and completed bill of quantities formingpart of the Bid.

n. Contract Price or Contract Value means the sum stated in the Letter ofAcceptance, subject to such additions thereto or deductions there from asmay be made under the provisions of the Contract.

o. Works:i. Works means the work to be executed in accordance with the

Contract, and shall include both Permanent Works and TemporaryWorks.

ii. Permanent Works means the permanent works to be executed,completed and maintained, in accordance with the Contract.

iii. Temporary Works means all temporary and enabling works of everykind required for the execution and completion of the works and theremedying of any defects therein.

p. Construction Plant means all machinery and appliances of whatever nature,required for the execution, completion or maintenance of the works, but donot include material or other things, intended to form or forming part of thepermanent works.

q. Site means the land and or other places on, under, in or through which theworks are to be carried out, and any other lands or places provided by theEmployer for the purpose of the Contract.

r. Material(s) means all equipments, components, fittings and other materials

including raw materials required to execute and complete the work.s. Test means such tests as are prescribed in the specifications or directed by

the PMC or PMCs Representative, whether performed by the Contractor orby the PMC or his Representative or any agency acting under the direction ofthe PMC.

t. Approval or Approved means approval in writing including subsequentwritten confirmation of previous verbal approval.

u. Defect Liability Period means the specified period of maintenance from thedate of completion of the work as certified by the PMC. This period is alsotermed as the Period of Maintenance.

v. Letter of Acceptance means the letter from the Employer to the Contractor,conveying acceptance of the Bid, subject to any modifications agreed to

between the parties.w. Month & Day:

i. Month means calendar month.ii. Day means calendar day.

x. Terms and expressions not herein defined shall have the meaningsassigned to them in the Indian General Clauses Act, 1987 or the IndianContract Act or the Indian Sale of Goods Act or any other applicable IndianLaw, as the case may be.

2.0 HEADINGS AND MARGINAL NOTES AND INTERPRETATIONS

2.1. Headings and Marginal Notes

The top headings and marginal notes given in the Bid or Contract documentsare solely for the purpose of facilitating reference and shall not be deemed to


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be part thereof and shall not be taken into consideration in the interpretationor construction thereof or of the Contract.

2.2 Interpretation

Words importing persons or parties shall include firms, corporations and anyorganization having legal capacity.

3.0 SINGULAR, PLURAL AND GENDER

Words importing the singular only also include the plural and vice versa where thecontext requires. Similarly, words importing masculine gender also include thefeminine gender.

4.0 PMC AND PMCS REPRESENTATIVE

4.1 Duties and Authority of the PMC

The PMC shall carry out the duties specified or implied in the Contractincluding issue of instructions, decisions, certificates and orders, as arespecified in the Contract, or necessary for the observance of the Contract andexpeditious and timely completion of the work. Should the PMC exercise anyspecific authority for which, as per the terms of his appointment, he has toobtain the approval of the Employer, the Contractor shall deem such approvalto have been given by the Employer. To assist him, the PMC may appointPMC Representative(s).

4.2 Duties and Authority of PMCs Representative

i. The PMCs Representative shall be responsible to the PMC. His dutiesare to watch and supervise the Works and to test and examine anymaterials to be used or workmanship employed in connection with theWorks. He shall have no authority to relieve the Contractor of any ofhis duties or obligations under the Contract or, except as expresslyprovided hereunder or elsewhere in the Contract, to order any workinvolving delay or any extra payment by the Employer, or to make anyvariations of or in the works.

ii. The PMC may, from time to time, in writing delegate to the PMCs

Representative, any of the powers and authorities vested in the PMC,and shall furnish to the Contractor and to the Employer, a copy of allsuch written delegations of powers and authorities. Any writteninstruction, decision or approval given by the PMCs Representative tothe Contractor within the terms of such delegation, but not otherwise,shall bind the Contractor and the Employer, as though it had been givenby the PMC, provided always as follows:

a. Failure of the PMCs Representative or his assistants, todisapprove any work or materials shall not prejudice the authorityof the PMC or Employer thereafter, to disapprove such work ormaterials or plant and to order the pulling down, removal orbreaking up thereof. The PMCs Representative shall have similarauthority to disapprove any work or material or plant passed by


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his Assistants, appointed in terms of provision of sub-clause 4.3herein.

b. If the Contractor shall be dissatisfied by reason of any instructionor decision of the PMCs Representative, he shall be entitled torefer the matter to the PMC, who shall thereupon confirm, reverseor vary such decision. The PMCs Representative shall havesimilar authority to confirm, vary, or, reverse any instructions anddecisions issued by his Assistants, appointed in terms of Subclause 4.3 herein.

4.3 Assistants to PMC and PMCs Representative

The PMC or the PMCs Representative may appoint any number of assistantsto assist them. Their names, duties and scope of authority shall be notified tothe Contractor, and they shall have the authority to issue instructions / givedecisions to the extent of duties assigned and powers delegated to them.

4.4 Instructions in Writing

Instructions given by the PMC shall be in writing, provided that if for anyreason the PMC considers it necessary to give any such instruction orally, theContractor shall comply with such instructions. Confirmation in writing of suchoral instruction given by the PMC, whether before or after carrying out of theinstruction shall be deemed to be an instruction within the meaning of thissub-clause.

5.0 REPRESENTATION ON WORKS

The Contractor, shall, when he is not in a position to be present at the site of workplace, keep responsible agent(s)/representatives there, during all working hours, whoshall, on receiving reasonable notice, present himself/ themselves to the PMC,PMCs Representative or their Assistants. The instructions and orders given by themto the Contractors Agent(s) shall be deemed to have the same force, as if they hadbeen given to the Contractor. Before absenting himself, the Contractor should furnishthe name and address of his agent(s), for the purpose of this clause. Failure on partof the Contractor to comply with these provisions shall constitute a breach of Contract

leading to action under Clause 73.0.

6.0 COMMUNICATIONS AND LANGUAGE OF CONTRACT

6.1 Communications to be in writing

All notices, communications, references and complaints by either party to theContract shall be in writing and no notice, communication, reference orcomplaint not in writing, shall be recognized or be binding.

6.2 Language of Contract

The Contract document shall be drawn up in English. Supporting documentsor literature may be in any other language, but an appropriate English


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translation thereof shall be provided. In case of inconsistency between thetwo, the English translation shall prevail.

7.0 LAWS GOVERNING THE CONTRACT AND CO-RELATION OF DOCUMENTS

7.1 Laws governing the Contract

The Contract shall be governed by the laws for the time being in force inIndia.

7.2 Co-relation of documents

The Contract documents are complementary and what is called for by anyone of them shall be as binding as if called for by all them.

7.3 Ambiguities or discrepancies

In case of ambiguities or discrepancies, the same shall be clarified andadjusted by the PMC who shall thereupon issue to the Contractor instructionsthereon and in such event, the priority of the documents forming the Contractshall be as follows: -

a. The Agreement

b. The Letter of Acceptance

c. The Letter of Negotiationsd. The Bill of Quantities

e. The Specifications.

f. The Special Conditions of Contract.

g. The Tender Drawings.

h. The General Conditions of Contract.

8.0 COMPLIANCE WITH REGULATIONS AND BYLAWS

The Contractor shall comply with the provisions of any statute relating to the

construction of the works, regulations and by-laws of any local authority andundertaking, including those controlling the utilities such as water supply, sewerage,telephones, power supply, etc., in whose area/ jurisdiction the work is to be executed.The Contractor shall be bound to give all notices required by statute regulations orby-laws, as aforesaid and to pay all fees and bills payable to any authority orundertaking in respect thereof. It will be the responsibility of the Contractor to arrangefor necessary clearances and approvals from such authorities and undertakings, asare required to be taken by the construction agency, before the work is taken up.

9.0 DISCLOSURE OF RELATIONSHIP

If the Contractor or any partner of the Contractor or Director of the Contractorscompany, is closely related to any of the officers of the Employer or the PMC, oralternatively, if any close relative of an officer of the Employer or the PMC has


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financial interest/ stake in the Contactors firm, the same shall be disclosed by theContractor at the time of filling his bid. Any failure to disclose the interest involved,

shall entitle the Employer to rescind the Contract, without payment of anycompensation to the Contractor.

10.0 EMPLOYMENT OF EMPLOYEE OF EMPLOYER / PMC

At any time after the bid relating to the Contract has been signed and submitted bythe Contractor:

if the Contractor is a partnership firm and it admits as one of its partners oremployees under it,

or

if the Contractor is a Company or a Corporation incorporated or otherwise and itelects or nominates or allows to act as one of its directors or employees under it inany capacity whatsoever, any employee of the Employer or the PMC, except whenhe has obtained specific permission of the Employer for such position/employment;then, in any of eventualities mentioned above, in addition to any or several of thecourses, referred in Sub-clauses 73.1 and 73.2 being adopted:

a. The Contractor shall have no claim to compensation for any loss sustained byhim by reason of his having purchased or procured any materials or enteredinto any commitment or made any advance on account of the Contract andthe Contractor shall not be entitled to recover or be paid any sum for anywork thereto or actually performed under the Contract, unless and until the

PMC shall have certified the performance of such work and the value payablein respect thereof and the Contractor shall only be entitled to be paid thevalue so certified.

b. The PMC or the PMCs representative shall be entitled to take possession ofany material, tool, implement, machinery and buildings on the Works and toretain and employ the same in further execution of Works or part thereof untilthe completion of the Works without the Contractor being entitled to anycompensation for the use and employment thereof or for wear and tear ordestruction thereof.

b. The Employer shall not be liable to pay to the Contractor any monies on account of

the Contract until the expiration of the period of maintenance and thereafter untilthe cost of completion and maintenance, damages for delay in completion (if any)and all other expenses incurred by the Employer have been ascertained and theamount thereof certified by the PMC. The Contactor shall then be entitled to receiveonly such sum or sums (if any) as the PMC may certify, that would have been dueto him upon due completion of work by him after deducting the said amount; but ifsuch amount shall exceed the sum which would have been payable to theContractor, then the Contractor shall upon demand pay to the Employer the amountof such excess and it shall be deemed a debt due by the Contractor to theEmployer and shall be recoverable accordingly.


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11.0 ILLEGAL GRATIFICATION

11.1 Bribe, commission, gift or advantage

Any bribe, commission, gift or advantage given or offered by the Contractordirectly or through his partner, agent or servant to any officer or employee ofthe PMC or Employer, or to any person on their behalf, in relation to obtainingor the execution of this or any other contract with the PMC or the Employer,shall, in addition to any criminal liability which he may incur, subject theContractor to rescission of the Contract and all other Contracts with theEmployer, and liability for payment of any loss or damage to the Employer,resulting from such rescission. The Employer shall be entitled to deduct theamounts so payable from any money/moneys due to the Contractor alone, orjointly under the Contract or any other contract with the Employer. TheContractor shall not be due, nor shall be paid any compensation whatsoeverfor any loss, alleged or actual, suffered by him when the Contract is sorescinded.

11.2 Monetary dealing of Contractor with employee of Employer or PMC

The Contractor shall not lend or borrow money from, or enter into anymonetary dealings or transactions directly or indirectly, with any Employee ofthe PMC or the Employer, and if he does so, the Employer shall be entitledforth-with to rescind the Contract and all other Contracts with the Employer.The Contractor shall be liable to pay compensation for any loss or damage tothe Employer resulting from such rescission and the Employer shall beentitled to deduct the amounts so payable from the money(s) due to the

Contractor.

11.3 Settlement of dispute as to commission of such offence

If any question or dispute as to the commission of any such offence arisesunder Sub-clauses 11.1 and 11.2, the same shall be settled by the PMC, insuch manner as he shall consider fit and proper, and his decision shall befinal and binding.

11.4 Compensation to the Contractor on rescission of the Contract under thisclause

In the event of rescission of Contract under Sub-clause 11.1 or 11.2 theContractor shall not be entitled to any compensation whatsoever, except forthe work done upto the date of rescission.

12.0 GENERAL RESPONSIBILITY OF THE CONTRACTOR

12.1 The Contractor shall comply with the provisions of the Contract, with due careand diligence, and execute and maintain the works and provide all labourtherefore, and be responsible for supervision of all works, structural plans andother things whether of temporary or permanent nature required for suchexecution and maintenance in so far as necessary for providing these, as isspecified or as is reasonably inferred from the Contract. The Contractor shalltake full responsibility for the adequacy, stability and safety at site of allworks, materials and methods of construction, provided, however, that theContractor shall not be responsible except as may be expressly provided for


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in the Contract Agreement for the design or specifications of permanentworks or of any temporary works prepared by the PMC.

12.2 The Contractor shall be liable for the consequences that may arise due to amistake in design carried out and drawing issued by the Contractor/Contractor's sub-contractor. Checking and approval by the Employer of thedesign/drawing prepared by the Contractor/ Contractor's sub-contractor shallnot compromise or reduce the liability of the Contractor.

13.0 OPPORTUNITY FOR OTHER CONTRACTORS

13.1 Reasonable opportunity

The Contractor shall, in accordance with the requirements of the PMC,cooperate with and afford all reasonable opportunities for carrying out theirwork to any other contractors employed by the Employer and their workmenand to the workmen of the Employer and the workmen of any other dulyconstituted authority, who may be employed in the execution on or near theSite, of any work not included in the Contract or of any contract which theEmployer may enter into in connection with or ancillary to the Works.

The Contractor shall, on the written request of the PMC or the PMCsRepresentative, make available to any such other contractor or to theEmployer or any such authority, any roads or ways for the maintenance ofwhich the Contractor is responsible, for which no additional payment shall bemade by the Employer. The Contractor shall also permit the use by any suchof the Contractors scaffolding or other plant on the Site, or provide any other

service of whatsoever nature at the request of the Employer. The Employershall pay to the Contractor in respect of such use or service such sum orsums as shall, in the opinion of the PMC, be reasonable. The decision of thePMC as to the sum payable shall be final and binding.

13.2 Inspection of work of other contractors

If any part of the Contractors work depends upon the work of anothercontractor, he shall inspect and promptly report to the PMC any defects insuch work that may render it unsuitable for such proper execution. TheContractors failure to so inspect and report shall constitute acceptance of theother Contractors work as fit and proper except as to defects which may

develop in the other Contractors work after execution of his work.

14.0 ASSIGNMENT AND SUBCONTRACTING

14.1 Assignment of Contract

The Contractor shall not assign the Contract or any part thereof, or anybenefit or interest therein or there under.

14.2 Subcontracting

i. The Contractor shall not subcontract the whole of the Works. Exceptwhere otherwise provided in the Contract, the Contractor shall notsubcontract any part of the works without the prior consent of the PMC.Any such consent shall not relieve the Contractor from any liability or


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obligation under the Contract and he shall be responsible for the acts,defaults and neglects of any Sub-Contractor, his agents, servants or

workmen as fully as if they were the acts, defaults or neglects of theContractor, his agents, servants or workmen.

ii. Provided that the Contractor shall not be required to obtain such consentfor :

a. the provision of labour, orb. the purchase of materials which are in accordance with the standards

specified in the Contract, orc. the subcontracting of any part of the Works for which the Sub-

Contractor is named in the Contract.

14.3 Assignment of Sub-Contractors obligations

In the event of a Sub-Contractor having undertaken towards the Contract inrespect of the work executed, or the goods, materials, plant or servicessupplied by such Sub-contractor, any continuing obligation extending for aperiod exceeding that of the Defects Liability Period under the Contract, theContractor shall at any time, after the expiration of such period, assign to theEmployer, at the Employers request and cost, the benefit of such obligationfor the unexpired duration thereof.

14.4 Compensation for Breach

Any breach of the conditions under sub-clauses 14.1 to 14.3 above shall

entitle the Employer to rescind the Contract and also render the Contractorliable to the Employer for compensation, in respect of loss or damage arisingout of or ensuing from such cancellation.

14.5 Explanation on Sub-contracting

Provided always that execution of the details of the works by pettycontractors, or on piece work basis, under the personal supervision of theContractor or his agent, shall not be deemed to be sub-contracting under thisclause.

14.6 No change in the Responsibility of Contractor.

Permission to sub-contract the work by the Contractor shall not establish anycontractual relationship between the sub-contractor and the Employer andshall not relieve the Contractor of any responsibility under the Contract.

15.0 CONTRACTORS UNDERSTANDING

15.1 The Contractor shall be deemed to have inspected and examined the Siteand its surroundings and information available in connection therewith and tohave satisfied himself, so far as is practicable, before submitting his Bid, as tothe form and nature thereof, including the sub-surface conditions, thehydrological and climatic conditions, the extent and nature of work andmaterials necessary for the completion of the Works, the means of access tothe Site and the accommodation he may require and, in general, shall bedeemed to have obtained all necessary information, subject as above


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mentioned, as to risks, contingencies and all other circumstances which mayinfluence or affect his Bid.

15.2 The Contractor shall be deemed to have satisfied himself, before bidding, asto the correctness and sufficiency of his Bid for the Works and of the ratesand prices stated in the priced Bill of Quantities and the Schedule of Ratesand Prices, if any, all of which shall, except insofar as it is otherwise providedin the Contract, cover all his obligations under the Contract and all mattersand things necessary for the proper execution and maintenance of the works.

16.0 ADVANCES

16.1 Types of advances

Subject to any conditions given herein, the Contractor may avail of thefollowing advances for the execution of the Works:

a. Mobilization advanceb. Advance against materials at site.

16.2 Mobilisation Advance

16.2.1 For completing preliminaries such as construction of site offices,hiring of accommodation, , arranging electricity and water supply andmovement of staff, labour plant and machinery, an advance specifiedin the Contract Data and as required by the Contractor shall bepayable against a Bank Guarantee of a Scheduled Bank approved by

the Employer for an equivalent amount of advance in the proformaacceptable to the Employer.

16.2.2 Such advance shall be given only after the Contractor has submittedthe Performance Security and signed the Contract Agreement. .

16.2.3 Recovery of Mobilisation Advance:Mobilization Advance shall be recovered at such percentage of grossvalue of work done from each running account bill, so as to ensurethat full Mobilization Advance shall be recovered on completion of80% of total work. .

The Bank Guarantees shall be released in two stages i.e. at 50% and100% of the recovery of Mobilization Advance.

16.3 Advance Against Material at Site

There shall be no advance against any materials at site

16.4 Written Request for advance

Advance as admissible under the Contract, shall be payable only after theContractor makes a written request for the same to the Employer. Theamount payable shall be the amount applied for by the Contractor, subject

however to the conditions and limitations given herein.

16.5 Interest in Case of Delay


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Should there be delay in the progress and completion of work, as a result of

which it is not possible to recover the advance and interest thereon, ifprovided in the Contract, before the date stipulated in the Contract and suchdelay is due to Contractors failure / fault, then the interest to be charged fromthe Contractor on the remaining portion of the advance beyond thecompletion period specified in the Contract Data, shall be the prevailing Banklending Rate plus 2%. Such higher interest rate shall also be chargeableduring any extended period of Contract, where the need for extension hasarisen on account of Contractors failure. In no case shall the interest rate beless than 10%.

16.6 Advance to be Used only for This work

The advance received by the Contractor, shall be used by him strictly for thepurpose of the Contract, and for the purpose for which they are paid. Underno circumstances, shall the advances be diverted for use for purposes otherthan the Contract. Any such diversion shall be construed as a breach of theContract and the Contractor shall be liable to return the advance at once andto pay interest at prevailing Bank lending Rate plus 2%, till the advance andinterest thereon are recovered from him.

17.0 PAYMENT, TAX DEDUCTION AT SOURCE AND SALES TAX ON WORKSCONTRACTS

17.1 Payment by Cheque only.

Unless otherwise specified, all payments to the Contractor shall be made byCheque, but no Cheque will be issued for an amount less than Rs. 1,000/-(Rupees One thousand). This stipulation, however, shall not apply to FinalBills.

17.2 Tax Deduction at Source

Where there is a statutory requirement for Tax deduction at source, suchdeduction towards Income Tax and other Taxes as applicable such as labourwelfare cess, etc. will be made from the bills payable to the Contractor atrates as notified from time to time.

18.0 INDEMNITY BY EMPLOYER

The Employer shall indemnify the Contractor against all claims, proceedings,damages, costs, charges and expenses in respect of the use or occupation of theland by the works or part thereof.

19.0 OCCUPATION AND USE OF LAND

No land belonging to or in the possession of the Employer shall be occupied by theContractor without the permission of the PMC or the Employer. The Contractor shallnot use, or allow the site to be used for any purpose other than that of executing theworks.

20.0 INDEMNITY BY CONTRACTOR


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20.1 Indemnity against all actions of the Contractor

The Contractor shall hold and save harmless and indemnify the Employer, hisrepresentative (s),officers, agents, sub-contractors, servants and employeesfrom and against all actions, suits, proceedings, loss, costs, damages,charges, claims and demands of every nature and description brought orrecovered against the Employer, by reason of any act or omissions of theContractor, his officers, agents, sub-contractors, servants and employees, inthe execution of the Works or in the guarding of the same. All sums payableby way of compensation under any of these conditions, shall be consideredas reasonable compensation payable to the Employer, without reference tothe actual loss or damage sustained, and whether or not any damage shallhave been sustained.

20.2 Indemnity Against All Claims of Patent Rights And Royalties

The Contractor shall hold and save harmless and indemnify the Employer, hisofficers, agents, servants and employees from and against all claims andproceedings, for or on account of infringement by the Contractor of copy right,any patent rights, design trademark or name, secret process, patentedor unpatented invention, articles or appliances manufactured or used for or inconnection with the Works and from and against all claims, proceedings,damages, costs, charges and expenses whatsoever in respect thereof or inrelation thereto. Except where otherwise stated, the Contractor shall pay allroyalties, rent and other payments or compensation, if any, for getting stone,sand, gravel, clay or other materials required for the works.

21.0 SECURITY DEPOSIT

21.1 The Contractor shall permit Employer at the time of making any payment tohim for work done under the Contract to deduct a sum at the rate of 5 % ofthe gross amount of each running bill till the sum along with the sum alreadydeposited as Earnest Money, will amount to Security Deposit of 5% of theContract value of the work. Such deductions will be made and held by theEmployer by way of Security Deposit unless he/they has/have deposited theamount of Security at the rate mentioned above in cash or in the form of BankGuarantee/Government Securities or fixed deposit receipts. In case a fixeddeposit receipt of any Bank is furnished by the Contractor to the Employer as

part of the Security Deposit and the Bank is unable to make payment againstthe said fixed deposit, the loss caused thereby shall fall on the Contractor andthe Contractor shall forthwith on demand furnish additional security to theEmployer to make good the deficit. Earnest money shall be adjusted first inthe security deposit and further recovery of security deposit shall becommence only when the up to date amount of security deposit startsexceeding the earnest money.

21.2 All compensations or the other sums of money payable by the Contractorunder the terms of this Contract may be deducted from, or paid by the sale ofa sufficient part of his Security Deposit or from the interest arising there from,or from any sums which may be due to or may become due to the Contractorby Employer on any account whatsoever and in the event of his SecurityDeposit being reduced by reason of any such deductions or sale asaforesaid, the Contractor shall within 10 days make good in the same way as


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the initial deposit as described hereinabove. The Security Deposit shall becollected from the running bills of the Contractor at the rates mentioned

above and the Earnest Money if deposited in cash at the time of bidding willbe treated a part of the Security Deposit.

21.3 Release of Security Deposit

Security Deposit shall be released after expiry of Defects Liability Period.

22.0 PERFORMANCE SECURITY

22.1 Amount of Performance Security

i. Within 7 days of receipt of the Letter of Acceptance from the Employer,the successful bidder shall furnish to the Employer a security in the formof a bank guarantee for an amount of five percent of the Contract value inthe form approved by the PMC initially valid up to the Defects LiabilityPeriod.

ii. Failure of the successful bidder to furnish the required PerformanceSecurity shall be a ground for the annulment of the award of Contract andforfeiture of the Earnest Money, in which event the Employer may awardthe works to any other agency.

22.2 Release of Performance Security

i. The whole of the Performance Security amount, shall be liable to beforfeited to the Employer at the discretion of the Employer, in the event of

any breach of Contract on the part of the Contractor or if the Contactorfails to perform or observe any of the conditions of the Contract. On dueand faithful completion of the entire work, the Bank Guarantee for onehalf of the Performance Security amount may be released to theContractor, subject to the issue of Completion Certificate by the PMC.This shall not relieve the Contractor from his obligations and liabilities, tomake good any failures, defects, imperfections, shrinkages or faults thatmay be detected during the Defects Liability Period. The balance of thePerformance Security Amount shall become due for release and shal l bereleased to the Contractor after successful completion of the DefectsLiability Period. Where different Defects Liability Periods are applicable todifferent parts of the works, the expression, successful completion of

Defects Liability Period shall for the purpose of this clause, be deemed tomean the successful completion of the last of such periods.

ii. Provided always that, no release of Bank Guarantee for PerformanceSecurity shall become due to the Contractor, unless all the stipulations ofthe Contract have been fulfilled by the Contractor and all claims anddemands made by the Employer for and in respect of damage or loss by,from or in consequence of the Works, but excluding the claims made bythe Contractor on the Employer, have been finally satisfied.

23.0 INSURANCE

23.1 Requirements


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Before commencing execution of Works it shall be obligatory for theContractor to obtain insurance cover for such amounts as mentioned in the

Contract Data under the following requirements at his own cost:

a. Contractors All Risk and Third Party Cover.b. Liability under the Workmens compensation Act, 1923, Minimum Wages

Act, 1948 and Contract Labour ( Regulation and Abolition ) Act, 1970c. Accidents to staff, engineers, supervisors and others who are not

governed by Workmens compensation Act.d. Damage to material, machinery and works due to earthquake, fire, theft

etc.e. Any other risk to be covered by insurance as may be specified by the

Employer in the Contract Data.

23.2 Policy in joint name of Contractor and Employer

The policy referred to under Sub-clause 23.1 (a) above shall be obtained inthe joint names of the Contractor and the Employer, Principal Beneficiaryshall be the Employer, and shall inter-alia provide coverage against thefollowing, arising out of in connection with execution of Works, theirmaintenance and performance of the Contract :

1. Loss of life or injury involving public, employee of the Contractor, or thatof the Employer and of the PMC, other agencies and their employees,labour etc.

2. Injury, loss or damage to the Works or property belonging to public,Government bodies, local authorities, utility organizations, contractors,

Employer or others.

23.3 Currency of Policy

The policies shall remain in force throughout the period of execution of theWorks and till the satisfactory completion of the Defects Liability Period. TheContractor shall, submit to the Employer copies of the Policies within 10 daysfrom the date of issue of the Letter of Acceptance and whenever called upon,produce to the PMC or his representative the various insurance policiesobtained by him as also the receipts of premium paid by him to ensure thatthe policies indeed continue to be in force. If the Contractor fails to effect or

keep in force or provide adequate cover in the Insurance policies mentionedin Sub-clause 23.1 or any other insurance he might be required to effectunder the Contract, then in such cases, the Employer may effect and keep inforce any such insurance or further insurance and the cost and expensesincurred by him in this regard shall be deductible from payments due to theContractor or from the Contractors Performance Security.

24.0 EXCEPTED RISKS

The Excepted Risks are war, hostilities (whether war be declared or not), invasion,act of foreign enemies, rebellion, revolution, insurrection or military or usurped power,civil war, unless solely restricted to employees of the Contractor or of his sub-contractors and arising from the conduct of the Works, riot, commotion or disorder,loss or damage due to use or occupation by the Employer of any part of thePermanent Works, loss or damage caused solely due to the PMC design of the


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Works, radiations or contaminations by radio activity from any nuclear fuel or fromany nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive, or

other hazardous properties of any explosive, nuclear assembly or nuclear componentthereof, pressure waves caused by aircraft or other aerial devices traveling at sonicor supersonic speeds, or any such operations of the forces of nature as anexperienced contractor could not foresee, or reasonably make provision for or insureagainst all of which are herein collectively referred to as the Excepted Risks.

25.0 TIME FOR COMPLETION AND PROGRAMME OF WORK

The Contractor shall, on receipt of Letter of Acceptance of his bid, or as soonthereafter as possible, but not later than 7 days, or as may be indicated by the PMC,from the date of receipt of Letter of Acceptance, submit to the PMC for his approval,a detailed programme, showing the order and procedure in which he proposes tocarry out the work so as to complete the Interim Milestone and the whole of theWorks within the Time for Completion stipulated in the Contract Data. Theprogramme shall be accompanied with a cashflow statement. Any requirement forcompletion of any part or parts of the works before completion of the whole of theWorks should be reflected in the programme. The contractor shall, whenever requiredby the PMC or the PMCs representative, also provide in writing for their information,a general description of the arrangements and methods of deployment of labour andmachinery which the Contractor proposes to adopt for the execution of the Works. Ifat any time it should appear to the PMC that the approved programme, referred toabove, is not likely to be adhered the Contractor shall produce, at the request of thePMC, a revised programme showing modifications to the approved one within thetime for completion stipulated in the Contract. The submission to and approval by the

PMC or PMCs representative of such programme or the furnishing of suchparticulars shall not relieve the Contractor of any of his duties or responsibilities orobligations under the Contract. The PMC shall have full power and authority duringprogress of work, to issue such instructions as may be necessary for the work. TheContractor shall carry out and be bound by the same. The programme finallyapproved by the PMC shall supersede the one submitted earlier with the Bid.

26.0 POSSESSION OF SITE

Save insofar as the Contract may prescribe, the extent of portion of the Site of whichthe Contractor is to be given possession from time to time, and the order in whichsuch portions shall be made available to him and, subject to any requirement in the

Contract as to the order in which the Works shall be executed, the Employer will, onthe PMCs written order to commence the Works, give to the Contractor, possessionof so much of the Site, as may be required to enable the Contractor to commenceand proceed with the execution of the Works in accordance with the programmereferred to in Clause 25.0 hereof, if any, and otherwise in accordance with suchreasonable proposals of the Contractor as he shall, by written notice to the PMC,make. The Employer will, from time to time as the Works proceed, give to theContractor possession of such further portions of the Site as may be required toenable the Contractor to proceed with the Execution of the Works with due dispatchin accordance with the said programme or proposals as the case may be. If theContractor suffers delay or incurs extra cost as a result of failure on the part of theEmployer to give possession of site in accordance with the terms of this Clause, thePMC may on Contractors request, grant extension of time for the completion of theWorks and/or certify such sum, as in his opinion, shall be fair to cover the extra costincurred, which sum shall be paid by the Employer to the Contractor. Provided further


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that if the Employer is unable to give possession of the site for a small portion of theWorks, the Employer, or the PMC on his behalf, may delete the work at that site from

the scope of the Contract and ask the Contractor to complete the rest of the work.The Contractor shall complete the same within the time frame stipulated in thecontract without any extra payment. The decision of the PMC as to extra cost asreferred to above in this clause shall be final.

27.0 ACCESS TO SITE OF WORK

27.1 Access for PMC

The employer, their authorized representative and the PMC or the PMCsRepresentative shall, at all times, have access to the Works and to allworkshops and places where work is being performed or from wherematerials, manufactured articles or machinery, are being obtained for theWorks; and the Contractor, shall afford every facility and every assistance inobtaining the right to such access.

27.2 Access Road

The Contract shall provide necessary access roads to the site of work, fromthe nearest public through fare/right of way, at his cost, unless otherwiseprovided for in the Contract.

28.0 BORE HOLES AND EXPLORATORY EXCAVATION

28.1 Where the works are to be executed by the Contractor as per his owndesigns, it will be the responsibility of the Contractor to make bore holes or tocarry out exploratory excavation at his cost. If at any time during theexecution of the works, the PMC shall require the Contractor to make outadditional bore holes or to carryout additional exploratory excavation, theContractor shall comply with the same and no extra amount will be payableon this account.

28.2 Where the works are to be executed by the Contractor as per the Designs ofthe PMC, the Contractor shall be guided by the site investigation detailsfurnished in the Bid Documents. In such cases, if the PMC shall require the

Contractor to make bore holes or to carry out exploratory excavation, suchrequirement shall be ordered in writing and shall be paid for extra.

29.0 COMMENCEMENT OF WORK

The Contractor shall commence the Works as soon as is reasonably possible afterthe receipt by him of a notice to this effect from the PMC, within the time limit asspecified in the Contract Data. Thereafter, the Contractor shall proceed with theworks with due expedition and without delay.

30.0 SPECIFICATIONS AND DRAWINGS

30.1 Ownership


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The Contractor shall keep at site in good order one copy of latest approvedSpecifications and Drawings and also such other Contract documents as may

be necessary and make them available to the PMC or his Representative. AllSpecifications and Drawings shall remain the property of the Employer andshall not be used on other works and shall be returned by the Contractor tothe Employer on completion of the works or on termination of the Contract.

30.2 Adherence to Specifications and Drawings

The works shall be executed in conformity with the Specifications andDrawings of the Contract issued to the Contractor by the PMC from time totime. If the Contractor does any work in a manner contrary to theSpecifications or Drawings without the approval of the PMC, he shall bear allthe costs arising there from including dismantling and reconstruction strictly inaccordance with the specifications and drawings and shall be responsible forall loss to the Employer. The PMC shall have full power and authority tosupply to the Contractor from time to time such further drawings as may beneeded for the proper and adequate execution and maintenance of the work.The term Drawings in this Sub-clause includes the drawings prepared bythe Contractor and approved by the PMC.

30.3 Meaning and Intent of Specifications and Drawings

If any ambiguity arises as to the meaning and intent of any portion of theSpecifications and Drawings or as to execution or quality or any work ormaterials or as to the measurement of the works, the decision of the PMC

thereon shall be final and binding.

30.4 Compliance with Contractors Request for Details.

i. The Contractor shall give written notice to the PMC whenever progress ofthe works is likely to be delayed or disrupted unless any further drawing,or order, including a direction, instruction or approval is issued by thePMC within a reasonable time. The notice shall include details requiredand of why and by when it is required and of any delay or disruption likelyto be suffered if this issue is delayed.

ii. The PMC shall furnish with reasonable promptness after receipt by him ofany request from the Contractor for review of drawing for defect noticed

by the Contractor, additional instructions by means of drawings orotherwise necessary for the proper execution of the works or any partthereof. All such drawings and instructions shall be consistent with theContract documents and reasonably inferable there from. The PMC mayask the Contractor for alternative proposals or clarifications or additionaldata or any other detail in respect of the request of the Contractor, if any.

iii. If, by any reason of any failure or inability of the PMC to issue within areasonable time any drawing or order requested by the Contractor asstated above, the Contractor suffers delay and / or incurs additional costs,the PMC shall take such delay into account while determining extensionof time to which the Contractor would be entitled.

31.0 RATES FOR ITEMS OF WORK TO BE ALL INCLUSIVE


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31.1 The rates entered in the accepted Bill of Quantities of the Contract, shall beall inclusive and provide for Works duly and properly completed in

accordance with these conditions of the Contract, Special Conditions ofContract and the Specifications and Drawings, together with suchenlargement, extension, diminution, reduction, alteration or addition, as maybe ordered in terms of conditions of the Contract, and without prejudice to thegenerality thereof, shall inter-alia be deemed to include and cover all chargesrelating to labour and superintendence thereof, supply including all cost andfreight of materials, stores, equipments, profiles, moulds, cuttings, centering,scaffoldings, shuttering, machinery, derricks, tackles, ropes, pegs, posts,tools, all apparatus, required at/for the work, and contingencies, except suchitems as may be specified in the Contract Document to be supplied to theContractor by the Employer.

31.2 Nothing extra shall be payable over the quoted rates, notwithstanding anyprovision to the contrary in any law for the time being in force, save exceptwhat is specifically provided in the Contract Document.

32.0 SETTING OUT

The Contractor shall be responsible for the true and proper setting out of the Works,in relation to the original points, lines and levels of reference given by the PMC inwriting and for the correctness, subject as above mentioned, of the positions, levels,dimensions and alignment of all parts of the works, and for the provision of allnecessary instruments, appliances and labour, in connection therewith. If at any timeduring the progress of Works, any error appears or arises in any part of the work, theContractor, on being required so to do by the PMC shall at once rectify such error, to

the satisfaction of the PMC or his representatives. The checking of any setting out, orof any line or level by the PMC or his representative, shall not in any way relieve theContractor of his responsibility for the correctness thereof, and the Contractor shallcarefully protect and preserve all bench marks, sight rails, pegs and other thingsused in setting out the works.

33.0 TEMPORARY WORKS

All temporary works necessary for the proper execution of the works shall beprovided and maintained by the Contractor at his cost and subject to the consent ofthe PMC shall be removed by him at his expense when they are no longer requiredand in such manner as the PMC shall direct. In the event of failure on the part of the

Contractor to remove the temporary works, the PMC may cause them to be removedand cost as incurred for removal, supervision, and other incidental charges shall berecovered from the Contractor. Such temporary work shall also include providingsuitable barricading around the site up to height of at least 6.0 meters and removal ofthe same. The barricading shall be provided using steel pipes/ rolled steel sectionsand steel sheets

34.0 RELICS AND TREASURES

All gold, silver, coins, oil and other minerals of any description, and all preciousstones of all kinds, treasures, antiques, fossils and other similar things, which shall befound in or at site, shall be the property of the Employer, and the Contractor shall

duly preserve the same to the satisfaction of the Employer, and shall from time totime deliver the same to such person or persons, as the Employer may appoint toreceive the same.


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35.0 EXCAVATED MATERIALS

The Contractor shall not sell or otherwise dispose off, or remove, except for thepurpose of this Contract, sand, stone, clay, ballast, earth, rock or any othersubstance or materials, which may be obtained from any excavation made for thepurpose of the works, or any building or produce existing at the site at the time ofdelivery of possession thereof. All such substances, materials, belong to theEmployer; provided that the Contractor may, with the permission of the PMC, use thesame for the purpose of the Works either free of cost or on payment of cost, as permutually accepted terms and conditions.

36.0 EMPLOYER NOT TO PROVIDE QUARTERS FOR CONTRACTOR

No quarters shall normally be provided by the Employer for the accommodation ofContractor or any of his staff employed on Works. In exceptional cases, whereaccommodation is provided to Contractor at the Employers discretion, recoveriesshall be made at such rates, as may be fixed by the Employer, for full rent of thebuilding, equipment therein as well as charges for electric current, water supply andconservancy.

37.0 LABOUR CAMP

37.1 Provision of Labour Camp.

No temporary huts or any other form of accommodation can be provided bythe Contractor on the Employers land for labour engaged by him for the

execution of the Works. The Contractor shall arrange for suchaccommodation by himself.

37.2 Compliance with Rules for Employment of Labour

The Contractor shall comply with all laws, bylaws, rules and regulations, forthe time being in force, pertaining to the employment or local or importedlabour, and shall take all necessary precautions to ensure and preserve thehealth and safety of all staff, employed on the works directly or through pettycontractors or sub contractors.

37.3 Preservation of Peace

The Contractor shall take requisite precautions, and use his best endeavorsto prevent any riotous or unlawful behavior by or amongst his workmen, andothers, employed on works directly or through petty contractors or assigneesor sub-contractors and for preservation of peace and protection of theinhabitants and security of property in the neighborhood of works. In theevent of the Employer requiring the maintenance of a special Police Force ator in the vicinity of the Site, during the tenure or Works, the expenses thereofshall be borne by the Contractor and if paid by the Employer, shall berecoverable from the Contractor.

37.4 Sanitary Arrangements

The Contractor shall provide the facilities meeting the requirement of all thesanitary rules and regulations, and carry out at his cost all sanitary measures


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that may from time to time be prescribed by the Local Medical Authority, andpermit inspection of all sanitary arrangements at all times by the PMC, the

PMCs Representative or the Medical staff of the Employer and the staff ofthe local municipal or other authorities concerned.

37.5 Outbreak of Infectious Diseases

i. The Contractor shall maintain the Labour Camp in a sanitary conditiontaking all necessary precautions to protect the staff and labour fromoutbreak of infectious diseases. He shall provide them with suitableprophylactics for the prevention of malaria, gastroenteritis, typhoid andother water-borne diseases.

ii. The Contractor shall remove from his camp such labour and theirfamilies, who refuse protective inoculation and vaccination, when calledupon to do so by the PMC or the PMCs Representative on the advice ofMedical Authority. Should Cholera, Plague or any other epidemic,contagious or infectious disease break out, the contractor shall on hisown burn the huts, beddings, clothes and other belongings of or used bythe infected person, and promptly erect new huts on healthy sites asrequired by the PMC, within the time specified in the PMCss requisition.

37.6 Medical Facilities at Site

The contractor shall, at his own cost, provide First Aid and medical facilities,at the site as may be prescribed by the PMC, on advice of Medical Authorityin relation to the strength or the Contractors staff and workmen employed onthe Works, directly or through petty contractors or sub-contractors.

37.7 Use of Intoxicants

The sale of ardent spirits or other intoxicating drugs or beverages upon theWorks, or in any of the buildings, encampments or tenements owned oroccupied by or within the control of the Contractor or any of his employeesemployed on the Works directly or through petty contractors or subcontractors shall be forbidden, and the Contractor shall exercise his influenceand authority to secure strict compliance with this condition. The contractorshall also ensure that no labour or employee is permitted to work at the Sitein an intoxicated state or under the influence of drugs.

38.0 SHEDS, STORES, YARDS

The Contractor shall at his own expense provide sheds, contractors site office, store-houses and yards in such situations and in such numbers as in the opinion of thePMC are necessary for carrying on the works and the Contractor shall keep at eachof such sheds, store-houses and yards sufficient quantity of materials and plant instock as not to delay the carrying out of the Works with due expedition. The employer, their authorized representative, the PMC and the PMCs representatives shall havefree access to the said sheds, store-house and yards at any time for the purpose ofinspecting the stock of materials and plant so kept in hand. Any materials or plantwhich the PMC may object to shall not be brought upon or used in the Works, butshall forthwith be removed from the sheds, store-houses or yards by the Contractor.The Contractor shall at his own expense provide and maintain any other land, space,plant or equipment necessary for execution of the Works.


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39.0 ENGAGEMENT OF LABOUR

39.1 Contractor to Provide Labour

The Contractor shall make his own arrangements for the engagement of alllabour, except as provided otherwise in the Contract, and shall provide fortheir transport, housing and payment.

39.2 Non-employment of Female Labour near cantonments

The Contractor shall ensure that the employment of female labour, directly orthrough petty contractors or sub-Contractors, employed on the work inCantonment areas, particularly in the neighborhood or soldiers barracks, isavoided, as far as possible.

39.3 Employment of Labour Below the Age of 18

The contractor shall not employ children below the age of 18 or the ageprescribed in any labour legislation, whichever is higher, as labourers, directlyor through petty contractors or sub-contractors, for execution of the Works.

40.0 LABOUR LAW TO BE COMPLIED BY THE CONTRACTOR

40.1 Wages under relevant laws

In dealing with labour employees, the Contractor and his Subcontractors

(including piece rate and petty contractors) shall comply fully with all laws andstatutory regulations such as the Payments of Wages Act, 1936, the MinimumWages Act, 1948, Workmens Compensation Act 1923, The Contract Labour(Regulations and Abolitions) Act 1970, Contract labour (Regulation andabolition) Central Rules, 1971, Employers Liability Act 1938, IndustrialDisputes Act 1947, Maternity Benefits Act 1961, Employees Provident Fundsand Miscellaneous Provisions Act 1952, Employees State Insurance Act1948, Equal Remuneration Act 1976, Payment of Gratuity Act 1972,Apprentices Act, 1965, Mines Act, 1952, Child labour act 1986, Payment ofbonus act 1965, Industrial employment act 1946, Trade union act 1926, Interstate Migrant Workmens Act 1979, Building and other Construction Workers(Regulation of Employment & Condition of Service) Act 1996, Building and

other Construction Workers Welfare Cess act 1996 and other laws orregulations framed by competent legislative authorities from time to time, asmay be applicable. In accordance with the various Acts and Regulations withall up-to-date amendments, the Contractor shall ensure that he and hissubcontractors (including petty and piece rate contractors) observe strictlyinteralia, the following:

a. Wages paid are not less than those prescribedb. Wages and other dues are paid regularly and in timec. Liens/Licenses are obtained as required under any of the Acts or

regulations.d. Maintain prescribed records, submit necessary statements to authorities

concerned and display required notices.e. Take prompt action on any instructions/directions from the authorities

under various labour laws


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40.2 Supply of Labour by the Contractor

If the Contractor directly, or through petty contractors or sub-contractors,supplies any labour to be used wholly or partly under the direct orders andcontrol of the PMC or the Employer, whether in connection with any workbeing executed by the Contractor or otherwise for the purpose of theEmployer, such labour shall, for the purpose of this clause, be deemed to bepersons employed by the Contractor.

40.3 Claim on account of violation of Labour Laws

If any moneys shall, as a result of any instructions, directions or decisionsfrom the Authorities or claim or application made under any of the labour lawsor regulations, be directed to be paid by the Employer , such moneys shall bedeemed to be moneys payable to the Employer by the Contractor and onfailure of the Contractor to repay the Employer any moneys paid or to be paidby it as aforesaid within seven days after the same shall have beendemanded, the Employer shall be entitled to recover the amount from anymoneys due or accruing to the Contractor under this or any other Contractwith the Employer. The Employer shall not be bound to contest any suchclaim or demand unless the Contractor makes a written request for it, and theContractors reasons for contesting are considered reasonable by the PMCand the Contractor deposits the full cost that the Employer may have to incurin contesting the case.

41.0 CARE OF WORKS

From the commencement of the Works until the date stated in the Certificate ofCompletion for the whole of the Works, the Contractor shall take full responsibility forthe care thereof. Provided that if the PMC shall issue a Certificate of Completion inrespect of any part of the Permanent Works for which a separate date of completionis stipulated the Contractor shall cease to be liable for the care of that part of thePermanent Works from the date stated in the Certificate of Complet

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