TENDER & CONTRACT DOCUMENT - ARSD...

TENDER & CONTRACT DOCUMENT

Design, Supply, Fabrication and Erection of GRP Laminated Interior sheet and Panel Claddings; Cement bonded particle board exterior claddings

and Accessories for the Proposed Second Floor of ARSD College, Dhaula Kuan, New Delhi

Tender Document No: ARSD/IS/TD/08 Dt: 30th January 2015

Owners: Consultants:

Principal, ARSD Colllege, Dhaula Kuan, New Delhi – 110 021.

Phone: +91 11 2411 3436

Fax: +91 11 2411 1390

Email: [email protected]

IDEAL STRUCTURES, CIVIL & STRUCTURAL CONSULTANTS

R. Narendrakumar, 11, Avvaiyar Street, Singarayar Colony, Madurai – 625 002. Tele: 0452 – 2528471 Fax: 0452 - 4361471 e-mail: [email protected]

mailto:[email protected]

mailto:[email protected]

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TABLE OF CONTENTS

Bid Documents

Sr. No.

Particulars

Sect. No.

Page No.

Notice inviting Tender 3

1. Instructions to Bidders 1 4 - 9

2. General Conditions of Contract 2 10 - 47

3. Contract Agreement 3 48 - 50

4. Technical Specifications of Work 4 51- 56

5. Bill of Quantities 5 57 - 60

6. List of Approved Makes 6 61

7. Performance BG Form 7 62 - 64

8. Mobilization Advance BG Form 8 65 - 67

9. Bid Proposal Submission Form 9 68 - 69

10. Appendix A – Tender Drawings A 70 - 77

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NOTICE INVITING TENDER

TENDER NOTICE No. ARSD/DEL/IS/08/2014-15 Dt. 30th January 2015

TENDER DOCUMENT No. ARSD/IS/TD /08 Dt. 30th January 2015

Sealed and superscribed tenders are invited from technically competent, experienced wall and ceiling

Panel manufacturers and contractors for the following work;

1. Name of work:

Design, Supply, Fabrication and Erection of GRP Laminated Interior sheet

and Panel claddings; Cement bonded sheet exterior claddings and

Accessories for the Proposed Second Floor of ARSD College, At Dhaula

Kuan, New Delhi.

2.

Owners:

ARSD College, New Delhi.

3. Consultants:

R. Narendrakumar, Ideal Structures, 11, Avvaiyar Street, Singarayar

Colony, Madurai, Tamilnadu.

4.

Completion Time:

5 (Five) Months from 10th day after date of issue of “Letter of Acceptance”

5. Tender Security:

Two Percentage (2%) of Contract Amount, drawn in favour of “Principal,

ARSD College “, payable at New Delhi.

6.

Cost of Tender Document:

Rs. 10,000/- ( Rupees Ten thousand) only

7.

Tender Documents O/o, Section Officer (Admn), ARSD College

8.

Last date time and place for

receipt of Tenders

4.00 pm, 16th Feb 2015 at the office of the Principal, ARSD College, New

Delhi

9.

Date and time of pre bid

meeting

Will be intimated

10.

Opening of Tenders

4.30 pm, 16th February 2015 at the office of the Principal, ARSD College,

New Delhi

Note:

1. The Owners / Consultants shall not be responsible for any delay, loss or non-receipt of Tender Documents

or tenders during transit by courier or mail.

2.The clients reserves all rights to issue /refuse Tender documents and to accept/reject any or all tenders either

in part or full or to split and award the work to more than one agency without assigning any reasons thereof

and without any liability to the Clients or Consultants.

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SECTION – 1: INSTRUCTIONS TO BIDDERS

1. Invitation to submit Bid Proposals: 1.1. Sealed Bid Proposals in the prescribed form are hereby invited by R. Narendrakumar, Ideal

Structures, Civil and Structural Consultants, , having their offices at 11, Avvaiyar Street, Singarayar Colony, Madurai – 625 002 (hereinafter the “Consultants”), on behalf of The

Principal, ARSD College, New Delhi (“Owner ”), having their college Buildings at Dhaula Kuan, New Delhi – 110 021, for Design, Supply, Fabrication and Erection of GRP Laminated Interior sheet and Panel claddings; Cement board exterior claddings and Accessories for the Proposed Second Floor of ARSD College, Dhaula Kuan, New Delhi 110 021.

1.1.1 Eligibility of Bidder:- The bidder should be an Indian Registered Company registered under

Company Act 1956/2013. The bidder shall comply with following conditions:-

a) Should not have been blacklisted in India by any Government Department / Govt.

PSU in India in the last three years..

b) having minimum average turnover of at least Rupees 15 Crores for the last three (3)

years

1.2 The Bid Documents shall comprise of:

a. Instructions to the Bidders Section 01 b. General Conditions of the Contract Section 02 c. Contract Agreement Section 03 d. Specifications of the Work Section 04 e. Bill of Quantities Section 05 f. List of approved makes Section 06

h. Performance Bank Guarantee Form Section 07 i. Bank Guarantee Form towards Mobilization Advance Section 08 j. Bid Proposal Submission Form Section 09

1.3. Bidders are expected to read the Bid Documents carefully and familiarize themselves with the instructions, terms, conditions, requirements and specifications in the Bid Documents. Failure to comply with or furnish the requirements specified in the Bid Documents or submission of incomplete Bid Proposals will render the Bid Proposals to be liable for rejection.

1.4 At any time prior to the due date for submission of the Bid Proposals, the Owner may, on its

own initiative or in response to request received for clarification, modify the Bid Documents and shall notify such modifications to the Bidders to whom the Bid Documents have been issued.

2. Submission of Bid Proposals: 2.1 Sealed Bid Proposals shall be submitted in three envelope system. The outer envelope shall

have two inner envelopes viz., 1. The Technical Bid and 2. The Financial Bid. All the envelopes shall be sealed with the seal of the Bidder. The name of the Work, namely “Design, Supply, Fabrication and Erection of GRP Laminate Interior sheet and Panel claddings;

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Cement board Exterior claddings and Accessories in the Proposed Second Floor of ARSD College, Dhaula Kuan, New Delhi” and the name of the Bidder shall be subscribed on the envelopes. The envelopes containing the Bid Proposals, as aforesaid, shall be addressed to The

Principal, ARSD College, Dhaula Kuan, New Delhi, and submitted not later than 4.00 PM on

16th February 2015. Bid Proposals received after due date and time will be out-rightly rejected. 2.2 Bidders are required to submit with their Technical Bid Proposal, List of works executed,

List of equipments, list of their technical personnel, who will be stationed at Site, if the Work is awarded to them and the value of works done during the last three financial years. The said list shall set out inter alia names, experience and qualifications of such technical personnel. Receipt for Rs. 10,000/- or DD for the same amount in Favour of the Principal, ARSD College, Payable at New Delhi towards the fee for tender document shall be attached with technical bid.

2.3 Bid Proposals must be filled in English and all entries made by hand and written in ink. In

case any supporting document furnished by Bidder is in any other language, the same shall be accompanied by an English translation thereof. Information in any other language shall be accompanied by an appropriate translation in English. For the purpose of interpretation of contract, the document translated in English alone shall be considered.

2.4 Bid Proposals shall be submitted without any corrections or overwriting. In case corrections

are unavoidable, the authorized representative(s) of the Bidder shall authenticate such corrections by appending his / their full signatures.

2.5. Bid Proposals, which propose alterations in the Work or completion thereof or Bid Proposals

which are subject to any conditions are, at the discretion of the Owner, liable to be rejected. 2.6 Bid Proposal should be submitted in the prescribed Bid Proposal Form attached to the Bid

Documents, along with other documents specified in the Bid Documents. 2.7 No explanation / request for change or alteration of the information given in the Bid

Proposals or submission of any missing or additional documents shall be entertained by the Consultants or the Owner, after submission of the Bid Proposal. No advice of any change in rate or conditions after the opening of Bid Proposals shall be entertained.

2.8.1 The Bidders shall bear all costs and expenses associated with preparation and submission of Bid Proposals. The Owner shall in no case be responsible or liable for any such costs, regardless of the conduct or outcome of the bidding process.

2.9 Bid Proposal shall be signed on behalf of the Bidder by an authorized representative (s) of the

Bidder. The document evidencing authority in favour of the authorized representative(s) to sign the Bid Proposal shall be attached to the Bid Proposal. In case the Bidder is a company incorporated under the Companies Act, 1956 or under any earlier Act, the Bidder shall furnish updated copy of Memorandum and Articles of Association and Certificate of Incorporation of the Bidder. In case the Bidder is a partnership firm, a certified copy of the current Partnership Deed together with a copy of the Certificate of Registration issued by the Registrar of Firms, shall be attached to the Technical Bid Proposal.

2.10 Bidder shall submit Bid Proposals complying in full with the requirements of the Bid Documents. If any Bidder desires to submit, in addition to the Bid Proposal in compliance with the Bid Documents, alternatives for any of the items of Work, the

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Bidder may state such alternatives separately, provided such alternatives shall conform fully to the functional requirements and the applicable Specifications.

2.11 Financial Bid will be considered only if the bidders qualify in the Technical Bid.

3. Earnest Money 3.1 Financial Bid Proposal shall be accompanied by earnest money of 2% (Two Percentage) of the

Total Contract Price in the form of a Pay Order/ Demand Draft drawn in favour of “Principal, ARSD College, New Delhi” payable at New Delhi.Bid Proposals not accompanied by the requisite earnest money will be rejected. No interest shall be payable on Earnest Money. Earnest money shall be returned to the unsuccessful bidders, without interest within 10 working days from the final decision, concerning the award of the Works is taken by the Owner. In case of successful Bidder, the earnest money amount would be retained by the Owner as part of the security/ retention amount for due execution of the Works by the Bidder.

3.2 The earnest money shall be forfeited to the Owner if the Bidder withdraws its Bid Proposal

after award of the Work or fails to furnish the security in the form of Performance Bank Guarantee or fails or neglects to execute the Contract or after execution of the Contract, fails to commence or execute the Work.

4. Tender Drawings

Refer Appendix A.

5. Schedule of Works

The Bidders are expected to study the Bid Documents and prepare its detailed schedule of work to be done with respect to time, equipment and manpower, in conformity with the Scheduled time frame.

6. Site Location

The Site is located at Dhaula Kuan, New Delhi 110 021. General information relating to the Site is available with the Owner/Consultants. Such information shall be indicative in nature and shall not be binding on the Owner. The Bidders are expected to familiarize themselves with the Site, the area in which the Site is situated, approach roads thereto, type of soil, availability of materials and other factors relevant for execution of the Work, prevailing in the area where the Site is situated and submit their Bid Proposal, after fully familiarizing themselves with the conditions prevailing in the areas. The Owner shall have no obligation to entertain any claim concerning the location or condition of soil or on any other factor whatsoever.

7. Rates and computations 7.1 Bidders should state the Rates quoted in figures as well as in words. The amount for each

individual item should be worked out and the requisite totals should be given in the respective Schedules. If on verification, any discrepancy is noticed between the rates quoted in words and figures or in the amount worked out, the following rule shall be followed:

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(a) Where the amount worked out in respect of an item is not given in the Bid Proposal or the amount worked out does not correspond with the rates quoted in either in figures or in words, then the rate quoted by the Bidder in words shall be taken as correct.

(b) Where the rate quoted by the Bidder in figures and words tallies but the amount is not Worked out correctly, the rate quoted by the Bidder shall be taken as correct and the amount shall be worked out based on such quoted rates.

7.2 Bidders are advised in their own interest to submit arithmetically accurate and complete Bid

Proposals. Bid Proposals containing arithmetical errors, which when corrected produce a grand total varying by more than +2% from the grand total given in the respective Bid Proposals, are liable to be rejected.

7.3 The Rates quoted shall be the landed cost at Site and shall be inclusive of all present and future

Taxes including customs, excise, additional duties/tax, Entry Tax, LAD Tax, Octroi, Cess, VAT imposition of any nature, except Service Tax. The Owner will not entertain any claim whatsoever in this respect and all rates quoted shall include all taxes and duties. Rates quoted shall remain firm till the entire Works is executed. The Owner shall not entertain any request or claim for any revision of any rates on any account whatsoever. Without in any way limiting the obligations of the Bidder, in the event any such Tax or Taxes are paid or required to be paid by the Owner for any reason whatsoever, the Bidder shall promptly reimburse to the Owner the amount paid by the Owner.

8. Clarifications:

The Bidders may request the Consultants/Owner for a personal meeting, any time before submission of the Bid, to obtain any additional information/ clarification in relation to the Bid Documents.

9. Validity Period of Bid Proposals

Bid Proposal submitted shall remain valid for a minimum period of 90 days from the date of opening of the Bid Proposals by the Owner and for such extended period, as the Owner may require from time to time. The Bidders shall quote the prices and rates in Indian Rupees and the same shall be payable in Indian Rupees.

10. Bid Opening and Evaluation 10.1 The Owner may open the Bid Proposals at any time after the due date for submission of the

Bid Proposals, convenient to the Owner and the Consultants, in any case not later than seven days from the date of Bid Closing.

10.2 To assist in evaluation of the Bid Proposals, the Consultants / Owner may ask the Bidders for

clarification of their Bid Proposals. The request for clarification and the response shall be in writing. However, the Consultants or the Owner will not entertain any unsolicited clarification from the Bidders after the Bid opening.

11. Award of Works 11.1 The Owner may award the Work in whole to any one Bidder or split the Work and award to

more than one Bidders, as the Owner may consider appropriate, without assigning any reasons for doing so. Bidders shall have no right to revise the rates quoted or specify any conditions, if the Bid Proposals submitted by them are accepted in part.

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11.2 The Owner may issue a provisional letter of award (the “Provisional Letter of Award”) to

successful Bidder. The issue of Provisional Letter of Award shall constitute only an intention of the Owner to award the Work but does not create any legally binding obligation on the part of the Owner to award the Work to the Bidder.

11.3 The successful Bidder shall, within 10 days of issue of the Provisional Letter of Award:

(a) Confirm in writing to the Owner the Bidder’s acceptance to the terms and conditions set forth in the Provisional Letter of Award;

(b) Provide a Bank Guarantee towards Mobilization Advance to be paid by Owner, in terms

of Clause 13 below; and (c) Provide a Performance Bank Guarantee to the Owner, as stated in Clause12 below.

In case the above is not fulfilled within the stipulated time frame, the Owner reserves the right to appropriate the Earnest Money and engage another Contractor of its choice.

11.4 At any time after fulfillment of the conditions specified in clause 11.3 above, the Owner may

issue the Letter of Award to the successful Bidder. Simultaneously with the issue of the Letter of Award, the Bidder shall enter into the Contract Agreement with the Owner, subject to such changes or amendments therein as may be made or approved by the Owner.

12. Performance Bank Guarantee

The successful Bidder shall, within Ten (10) days of issue of the Provisional Letter of Award, submit to the Owner a Performance Guarantee from a nationalized Bank and in the form specified in Section 09 herein, for a sum of Rs. 10,00,000/- (Rupees Ten Laks) only. The Performance Guarantee shall be for the minimum duration of the time specified for execution of the Work and for a further period of three months thereafter.

13. Mobilization Advance

Within 10 days from the date of issue of Provisional Letter of Award, the successful Bidder is required to provide a Bank Guarantee from a nationalized Bank in such form as specified in Section 10 herein and subject to submission of such Bank Guarantee and other conditions stipulated in Clause 9.1 of Section 2, the Owner will advance to the successful Bidder a sum equivalent to ten (10) percent of the value of the Works stated in the Letter of Award, by way of Mobilization Advance(Higher advance may be considered for eligible bidders on obtaining equivalent bank guarantee). The Mobilization Advance shall be deducted pro-rata from each running bill with final amount being recovered at 90% value of the Total Contract Price.

14. Retention Money The Owner shall be entitled to deduct from each running bill a sum equivalent to five (5) per

cent of the running bill and retain the said sum with the Owner (the “Retention Amount”). The Owner shall be entitled to retain the Retention Amount with it, free of interest, until the successful Bidder has duly performed and fulfilled all its obligations under the Bid Documents and the Contract Agreement. The Owner shall release 50 (fifty) percent of the Retention Amount, subject to set off of any sums due to the Owner, on successful completion of execution of the Work and issue of Completion Certificate by the Consultants. The Owner shall retain the balance 50 (fifty) percent of the Retention Amount until the

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Bidder has duly completed and fulfilled all its obligations or until expiration of the Defects Liability Period, whichever date occurs later. Tender security amount will be adjusted in the retention money.

15. Confidentiality

The Bidders shall treat the contents of the Bid Documents and the Bid Proposals submitted by them as confidential and shall not disclose the same without prior written permission from the Owner. The Bidder to whom the Bid Documents are issued alone shall use the Bid Documents. Bid Documents are not transferable.

16. Rejection

The Owner may, at its sole discretion, accept or reject any Bid Proposal, without assigning any reason thereof or may accept any Bid Proposal, subject to such conditions, as the Owner may consider appropriate. The Owner reserves the right to annul the bidding process and reject any and all Bid Proposals, without requiring to assign any reasons thereof and without thereby incurring any liability to the Bidder or Bidders.

17. Definitions

The words and expressions used in this Section 1 with capitalized letters or with initial letters capitalized and not defined in this Section, but defined in Section 2 and shall have, where the context permits, the meanings assigned to them in Section 2, respectively.

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SECTION - 2 : GENERAL CONDITIONS OF CONTRACT

1. DEFINITIONS In construing the Bid Documents and the resulting Contract Agreement, the following words and expressions shall have the meanings assigned to them respectively herein below, except where the subject or context otherwise requires: “Appendix” means the Appendix attached to the General Conditions of Contract. The descriptions provided in the Appendix are only indicative in nature and the same shall apply, subject to the conditions/stipulations contained in the relevant clause of the General Conditions of Contract. "Consultants" means R. Narendrakumar, Ideal Structures, having their Design office at 11, Avvaiyar Street, Singarayar Colony, Madurai – 625 002, and duly appointed by the Owner for the design, drawings and for supervision of the execution of the Work or in the event of R. Narendrakumar, ceasing to be the Consultants for the purpose of this Contract Agreement, such other person as may be nominated/appointed as such by the Owner; “Bid Documents' shall mean collectively the Instructions to the Bidders, this General Conditions of Contract, the Tender Drawings, the Gantt Chart, the Contract Agreement, Specifications of the Work, the Bill of Quantities, the Rate Schedule, the Bid Proposal Submission Form and the Letter of Award; “Bid Proposal” shall mean the bid proposal submitted by the Contractor including the Bill of Quantities, the Rate Schedule and the Schedule of Work, in response to the invitation issued by or on behalf of the Owner, for bid proposal and shall include any amendments thereto accepted by the Owner; “Change Order” means a change in the scope of the required Work or a part of it, approved by the Owner, which may result in a modification of the scope of the Work or the Schedule or the cost of any item, forming part of the Work

"Completion Certificate" shall mean certificate to be issued by the Consultants when the Work has been completed in terms of the Contract Agreement; “Construction Programme” is defined in Clause 5.3.2; "Contract Agreement" shall mean the agreement entered into between the Contractor and the Owner pursuant to this Bid and the Bid Proposal submitted by the Bidder; “Contract Documents” shall mean collectively the Contract Agreement for the execution of the Work and shall include the Bid Documents, the Bid Proposal, the Letter of Award, Change Order issued by the Owner and other documents referred to in, or submitted in terms of, the Bid Documents and includes any Work specific documents that may be issued by the Owner; “Contractor" shall mean the person or persons, firm or company to whom the Letter of Award has been issued by the "Owner" and who has entered into the Contract Agreement with the Owner for execution of the Work and includes the Contractor's successors-in-interest and permitted assigns;

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"Contract Price" means the sum named in the Letter of Award subject to such additions thereto, or deductions there from as may be made in terms of the Contract Documents and the Contract Agreement; "Defects Liability Period" in relation to the Work means a period of 12 months from the date of completion of Work as indicated in Completion Certificate, and in the case of any item of work carried out during the aforesaid period of 12 months in rectification of defect, a further period of 12 months from the date of completion of such work; "Final Certificate" in relation to the Work shall mean the certificate titled as such issued by the Consultants, after expiration of the Defects Liability Period, certifying due execution by the Contractor in terms of the Contract Agreement and due performance and fulfillment by the Contractor of its obligations under the Contract Agreement; "Letter of Award” shall mean the letter designated as such issued by the Owner to the Contractor, to confirm that the Bid Proposal submitted by the Contractor has been accepted by the Owner, but does not include the Provisional Letter of Award; "Owner” means The Principal, ARSD College, Dhaula Kuan, and would include its successors-in-interest and assigns; “Provisional Letter of Award” shall mean a non-binding letter designated as such issued by the Owner to the Bidder, signifying the Owner’s intention to award the Work to the Bidder; “Rates” shall mean the rates quoted by the Contractor in the Schedule of Rates for each item of Work, as per the Specifications and Bill of Quantities, forming part of the Bid Proposal and would include any change in Rates, as approved by the Owner, upon approval of the Change Order; “Retention Amount” shall mean the amount deducted by the Owner at the rate of five (5) percent on the bill value from each running bill and retained by the Owner, free of interest, until Contractor the Contractor has duly performed and fulfilled all its obligations under the Contract Agreement, including Defect Liability Period; "Site" shall mean the site specified by the Owner in terms of the Bid Documents, and where the Work is to be executed and waters and other places on, under, in or through which the Work is to be carried out and any other lands, water or places provided by the Owner for the purpose of the Contract Agreement together with any place as may be designated in the Contract Agreement as forming part of Site; "Engineer-in-Charge" shall mean the engineer designated and appointed by the Consultants / Owner and stationed at the Site, or such other person authorized by the Consultants /Owner to act as such including any resident engineer or assistant to the engineer appointed from time to time by the Consultants / Owner to act as a representative of the Owner at the Site; "Specifications" shall mean all directions, technical specifications, provisions and requirements attached to the Bid Documents, which pertain to the method and manner of performing the Work to the quantities and qualities of the Work and the materials to be supplied in terms of the Bid Documents and Contract Agreement for the Work as may be amplified or modified by Tender Drawings for the execution of the Work and shall include the specifications or standards set forth in the latest edition including all addenda/corrigenda of relevant CPWD/BIS and other relevant

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Codes and in the absence of any CPWD/BIS Standards/specifications, the specifications issued by the Consultants in consultation with the Owner; “Sub-Contractor" shall mean any person or firm or company (other than the Contractor) to whom any part of the Work has been entrusted by the Contractor, with the prior approval of the Owner and their legal representatives, successors and permitted assigns; “Taxes” is defined in Clause 9.3.3; "Temporary Works" shall mean all temporary works of every kind required in or about the execution, completion or maintenance of the Work; "Tender Drawings" shall include maps, plans, sketches and tracings or prints thereof with any modifications approved in writing by the Consultants/Owner and such other drawings as may from time to time be furnished or approved in writing by the Consultants and the Owner; "Work" shall mean and include all works specified in the Bid Documents to be executed in accordance with the Contract Agreement or part thereof, as the case may be, and shall include all extra, additional, altered, or substituted works as may be required at the sole discretion of the Owner for the purpose of the Design, Supply, Fabrication and Erection of GRP Laminate Interior sheet and Panel claddings; Exterior claddings with cement board and Accessories in the Proposed Second Floor at ARSD College, New Delhi; “Works Engineer” is defined in Clause 6.5.1 and shall mean the Engineer in Charge appointed by the Contractor for execution of the work. 2. INTERPRETATION 2.1 Singular and Plural: Where the context so requires, words imparting the singular only also

include the plural and vice-versa. Words importing persons shall include relevant incorporated companies/registered associations / body of individuals/ firm or partnership.

2.2 Headings and Marginal Notes: Headings and marginal notes to these Conditions shall not be

deemed to form part thereof and are not be taken into consideration for the interpretation or construction thereof or of the Contract Agreement.

2.3 Meanings: Wherever in this Contract Documents the words directed, permitted required,

ordered, designed, considered, necessary or like words are used, it shall be understood that the said directions, permissions, requirements, orders, designs etc. of the Engineer in Charge, Consultants, and/or Owner are intended to mean so. Similarly words approval, acceptable or satisfactory to the Consultants, Engineer in Charge and/or the Owner as the case may be unless any other meaning is plainly intended.

2.4 Languages and Measures: All documents pertaining to the contract, drawings or any other

writings shall be written in English Language. The Metric system of measurement shall be used in the Contract Agreement unless otherwise specified.

2.5 Conflict Resolution. All the documents forming part of the Contract Agreement are to be

taken as complementary and mutually explanatory. Should there be any discrepancy, inconsistency, error or omission in the Contract Agreement or any of the Contract Documents, the matter shall be referred to the Consultants, who shall give its decision and issue to the Contractor instructions directing in what manner the Work is to be carried out. The decision

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of the Consultants shall be final and conclusive and the Contractor shall carry out Work in accordance with this decision without any increase in cost.

2.6 Discrepancy Removal. In the Contract Documents certain clauses may be repeated in several

sections. In case of any discrepancy the same may be brought to the notice of the Owner whose decision regarding interpretation shall be final and binding on the Contractor. Should there be any difference between the Owner and the Contractor, the matter will be referred to the Consultants whose decision on such matters will be final and binding on the Owner and the Contractor. In deciding such matters, the Consultants will be acting as an expert and not as an arbitrator, hence such a matter will not be considered as an arbitrable dispute within the meaning of the Arbitration and Conciliation Act, 1996 or any other applicable law, and hence none of the provisions of such law would be applicable.

3. GENERAL PRINCIPLES 3.1 These General Conditions shall form part of the Contract Documents and shall be read in

conjunction with the Work for which Bid Proposals are invited, the Specifications of the Work, the Tender Drawings and any other documents forming part of the Contract Agreement wherever the context so requires.

3.2 Notwithstanding the sub-division of the Contract Documents into separate Sections and

volumes, every part shall be deemed to be supplementary to and complementary of every other part and shall be read with and into the Contract Agreement so far as it may be practicable to do so.

3.3 Wherever it is mentioned in the Specifications and / or indicated in the Tender Drawings that

the Contractor shall perform certain work or provide certain facilities and perform or fulfill certain obligations, it is understood that the Contractor shall do so at its own cost.

3.4 The materials to be used in relation to the Work shall be in accordance with Section 06., Design

and workmanship shall conform to the prevailing standards and specifications in the relevant CPWD standards and/ specifications and in the absence of CPWD standards/ specifications, BIS standards/specifications shall be followed. However, in case no specific CPWD/ BIS standards and/or specification are available or prescribed, the specifications issued by the Consultants in consultation with the Owner, shall prevail and be binding on the Contractor.

3.5 A certified copy of the Contract Agreement together with all schedules and attachments

thereto shall remain in the custody of the Consultants & Owners and shall be available in their office for reference by the Contractor and the Owner. The Owner shall provide to the Contractor, on the signing of the Contract Agreement, free of cost with two copies of the Bill of Quantities & Rate Schedule, Tender Drawings and the additional specifications, if any and two copies of all further drawings issued during the progress of the Work. The Contractor shall keep one copy of all drawings at its office at the Site and shall allow access to the Engineer in Charge, Engineer in Charge and the Consultants at all times to such documents and the drawings. Before the issue of the Completion Certificate, the Contractor shall forthwith return to the Owner all such documents, drawings and specifications.

4. COVENANTS AND REPRESENTATION OF THE CONTRACTOR: 4.1 The Contractor shall have, prior to submission of the Bid Proposal, examined the Bid

Documents and the requirements specified in the Bid Documents and shall have obtained all required information and familiarized itself with all relevant factors and conditions relating to

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the Work including without limitation, information in all matters whatsoever that might affect the execution of the Work at the Scheduled Rates and as per the Bill of Quantities. The Contractor shall have conducted all required independent due diligence necessary and shall have satisfied itself with all relevant factors and conditions relating to the Bid and the execution of the Work. Any error in description of quantity or omission there from shall not vitiate the Contract Agreement or release the Contractor from its obligations to execute the Work comprised in the Contract Agreement according to the Tender Drawings and the Specifications at the Scheduled Rates, using the approved materials. The Contractor shall have, prior to submission of the Bid Proposal, fully familiarized with and shall have understood fully the scope, nature and magnitude of the Work and the requirements of materials and labour involved, in execution of the Work. The Contractor shall have, prior to submission of the Bid Proposal, fully familiarized itself with the soil conditions and other material and relevant conditions prevailing in the area, availability of materials, labour, electricity, water availability in the area and access road to the Site and shall have satisfied itself, in respect of all existing structures, if any, and also as to the nature and the conditions of the roads, culverts, means of transport and communications, and as to possible interruptions thereto and the access and egress from the Site, and shall have made inquires, examined and satisfied itself as to the site(s) for obtaining sand, stones, bricks and other materials, the site(s) for disposal of surplus materials, and availability of utilities, services and facilities required for execution and completion of the Work, and shall have satisfied itself as to the sub-soil, subsoil water and variations thereof, storms, prevailing winds, climatic conditions and all other similar factors which may affect the Work. The Contractor shall have acquainted itself and taken into account its obligations for payment of Taxes and other applicable charges.

4.2 Any neglect or failure on the part of the Contractor in obtaining necessary and reliable

information upon the foregoing or any other matters affecting the Work or Contract Documents shall not relieve the Contractor from its obligations under the Contract Document including without limitation the execution of the Work.

4.3 No oral agreement or inference from conversation with any officer or employee of the Owner /

Consultants either before or after the execution of the Contract Documents shall in any way affect or modify any of the terms or obligations herein contained.

5. GENERAL CONDITIONS 5.1 LOCATION OF SITE AND ACCESSIBILITY 5.1.1 The Site is located at Dhaula Kuan, New Delhi. General information relating to the Site is

available with the Owner/Consultants. Such information shall be indicative in nature and shall not be binding on the Owner. The Contractor has familiarized itself with the Site, the area in which the Site is situated, approach roads thereto, type of soil, availability of materials and other factors relevant for execution of the Work, prevailing in the area wherein the Site is situated and has submitted its Bid Proposal, after fully familiarizing itself with the conditions prevailing in the area. The Owner shall have no obligation to entertain any claim concerning the location or condition of site or on any other factor whatsoever.

5.1.2 The Owner has not made and does not make any representation about the existence or

suitability of the roads, and availability of access roads or railway siding or permits for entry of vehicles to any specific area shall in no case be the cause to condone any delay in the execution of the Work, nor shall be the cause for any claims or additional payments by the Owner to the Contractor.

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5.2 SCOPE OF WORK 5.2.1 The scope of Work is defined more specifically hereto in conjunction with the Bill of Quantities,

the Specifications, Tender Drawings and the Bar Chart.

5.2.1 The Contractor shall procure and use all necessary materials, equipment; labour and such other resources as may be required for the execution and maintenance of the Work till completion of the Work and until issue of Completion Certificate unless otherwise specifically agreed to by the Owner in writing. All materials, equipment and other resources that may be used in the execution of the Work shall be in terms of List of approved materials and where it is not specifically mentioned therein, shall be subject to the approval of the Engineer in Charge and / or the Consultants.

5.3 COMMENCEMENT TIME, DELAY AND EXTENSION

5.3.1. The Contractor shall commence execution of the Work, not later than seven (7) days from the date of issue of the Letter of Award.

5.3.2. The Bar Chart indicating the milestone completion dates is given in the Section 03 to Bid Documents. The Contractor shall prepare a detailed weekly and monthly construction programme in consultation with the Engineer in Charge (the “Construction Programme”) and shall submit the same to the Engineer in Charge and the Consultants, within seven (7) days of issue of the Letter of Award. The Contractor shall, subject to the overall time stipulated herein for completion of the Work, execute the Work strictly in accordance with the Construction Programme and shall complete the execution of the Work within the time stipulated in the Construction Programme. The time specified herein for completion of the Work includes the time required for mobilization, testing, rectifications, if any, retesting and completion of the Work in all respects, to the entire satisfaction of the Consultants/ Owner. The Bar Chart shall be prepared in direct relation to the time stated in the Contract Document for completion of the items or groups of items of work and for the Work as a whole. It shall indicate the forecast of the dates of commencement and completion of various trades or section of the work, which amended as necessary, with prior approval of the Consultants and / or the Owner in writing, but in any case without prejudice to the obligations of the Contractor to complete execution of the Work within the time stipulated herein.

Without prejudice to the obligations of the Contractor to complete the Work within the time stipulated herein, if the execution of the Work is delayed for any reason whatsoever, the Contractor shall have no rights to claim from the Owner and the Owner shall have no obligation to pay, any compensation by way of watch and ward, hire charges of tools and plants, establishment expenses, loss of profit, idle labour or any on other account whatsoever,

5.3.3. If, in the opinion of the Consultants, the execution or completion of the Work be delayed (a) by Force Majeure conditions; and or (b) by reason of any court order restraining the execution of the work by reason of action taken by any public authority, arising otherwise than on account of the Contractor's own default, the Consultants shall, as soon as may be, give written notice thereof to the Contractor, but the Contractor shall nevertheless constantly use his endeavors to prevent delay and shall do all that may reasonably be required to satisfaction of the Consultants to proceed with the Work.

5.3.4. The Contractor shall immediately notify the Engineer in Charge/Consultants in writing of any occurrence, which has caused or which may cause a delay, which will affect the performance of the Work or the completion of the Work within the stipulated time frame. If

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the delay is caused by any event of Force Majeure, then and only then Contractor may submit a request to the Engineer in charge/Consultants seeking extension of the time for completion of the Work. It is clarified that mere shortage of labour, materials or utilities shall not constitute an event of Force Majeure, unless any such shortage is caused by circumstance which by itself is an event of Force Majeure.

5.4 PERIOD OF COMPLETION

Time allowed for execution and the completion of the work is 5 (five) Months. The period will be divided in phased work as per owners’ priorities. The Gantt Chart will be prepared and will form part of the agreement. The period of Three months will commence from the 10th (tenth) day from the date of issue of letter of award. Time is the essence for execution and completion of the work by the contractor. The contractor shall use all reasonable endeavors and exercise all due diligence to execute and complete the work within the stipulated time

5.5 RESPONSIBILITY FOR LEVEL AND ALIGNMENT 5.5.1. The Contractor shall at its cost clear the Site prior to commencement of execution of the Work,

so that the Site is free from shrubs, herbs, grass, standing crops, hedges, plants, jungle, debris or any unwanted materials of any kind whatsoever.

5.5.2. The Contractor shall, at its cost, carry out and ensure the horizontal and vertical alignment, the

levels and correctness of every part of Work and rectification of any errors or imperfections therein.

5.6 SETTING OUT WORK

5.6.1. The Engineer in Charge shall furnish the Contractor with only the corners of the Site and a level benchmark and the Contractor shall set out the Work and shall provide an efficient staff for this purpose and shall be responsible for the accuracy of such setting out.

5.6.2. The Contractor shall provide, fix and be responsible for the maintenance of all stakes, template, level marks, profiles and other similar things and shall take all necessary precautions to prevent their removal or disturbance and shall be responsible for the consequence of such removal or disturbance should the same take place and for their efficient and timely reinstatement. The Contractor shall also be responsible for the maintenance of all existing survey marks, boundary marks, distance marks and center line marks, either existing or supplied and fixed by the Contractor. The Work shall be set out to the satisfaction of the Consultant The approval thereof by the Consultant in setting out the Work shall not relieve the Contractor form any of its obligations and responsibilities.

5.7 WATER FOR CONSTRUCTION AND OTHER USE 5.7.1 Water shall be provided free of cost by the owner from their existing wells/bore well free of

cost to the contractor at one point near the site. The contractor shall check the suitability of water for construction as per IS: 456 -2000 regularly and provide water test reports as and when tested with engineer in charge/consultants.

5.7.2. Storage: The Contractor shall arrange for adequate storage arrangements so that sufficient

quantity of water is available at all times to meet the Contractor's construction, curing and all

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other requirements. Adequate storage of water shall be made available at all times by the Contractor to ensure continuous work without stoppage for want of water.

5.8 POWER (ELECTRICITY) SUPPLY

5.8.1 Use and availability: The Owner shall supply one three phase electricity supply (temporary connection) at one point in work place free of cost. The owner may also try to ensure continuous power supply using their existing generators during the period of power shut down. However it is also the responsibility of the contractor to adhere to clause 5.8.3. The contractor shall give optimum power requirement with the owner to enable them obtain temporary supply and it is the responsibility of the contractor to ensure that power factor does not fall below 0.85. The contractor may erect temporary structure for lighting of the site in night at their own cost.

5.8.2 Temporary works: The Contractor shall at its cost dismantle and remove all temporary lines or structures erected by them at the Site in relation to drawing and using electricity, on completion of execution of the Work or earlier, if so required by the Engineer in Charge. If there is any hindrance to the other works at the Site due to these lines / structures during the progress of work, the Contractor shall, at its cost, realign the same as may be required by the Engineer in Charge.

5.8.3 Standby facilities: The Contractor is responsible to make adequate infrastructure and standby facilities for the continuous supply of electric power required for the satisfactory execution of the Work without stoppage, including use of Generator(s).

5.8.4 Submission of plans: The Contractor should submit its plans on the facility dealt in this Clause 5.8, for the approval of the Engineer in Charge, and shall proceed with the plans only in the manner approved by the Engineer in Charge.

5.9 LAND FOR FIELD OFFICE, GODOWN AND WORKSHOP

5.9.1. The Owner may at its discretion permit the Contractor to construct at the Site at such locations, as may be approved by the Engineer in Charge, temporary constructions for Contractor's field office, godown(s), workshops and assembly yard required in relation to the execution of the Work and for use by the Contractor during the execution of the Work. The Contractor shall at its own cost construct all such temporary constructions and provide suitable water supply and sanitary arrangement as required and approved by the Engineer in Charge. The area required for such temporary constructions shall be subject to approval of the Engineer in Charge and no representations as to insufficiency or otherwise of such area, shall be entertained by the Owner.

5.9.2. On completion of the Work, the Contractor shall, at its cost, remove all temporary constructions and clear and restore the Site to usable condition or as may be directed by the Engineer in Charge. If the Contractor fails to comply with these requirements, or if the Contractor commits any default in complying with such requirements, the Engineer in Charge may at the cost, expense and risk of the Contractor remove such material and dispose of the same as the Engineer in Charge deems fit and get the Site cleared as aforesaid and the Contractor shall forthwith pay the amount of all expenses so incurred and shall have no claims in respect of any such material disposed of as aforesaid. But the Owner reserves the right to ask the Contractor any time during the pendency of the Contract Agreement to vacate the land by giving seven (7) days notice.

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5.10. SAFETY STANDARDS FOR TEMPORARY BUILDINGS

All temporary buildings, including without limitation, the sheds, workshops, field station, temporary accommodation for the Engineer in Charge shall be constructed as specified of the Engineer in Charge/ Owner, as regards location and type of structures. Roofing and cladding with grass or paddy straw or coconut leaf will not be permitted within the Site.

5.11 OTHER AGENCIES AT SITE

5.11.1 The Owner with the concurrence of the Consultants reserve the right to use the Site and any portions of the Site for the execution of any work not included in these Bid Documents as the Owner may desire to have carried out by other persons. The Contractor shall allow all reasonable facilities for the execution of such work but shall not be obliged to provide any plant, equipment or materials for the execution of such work, except as the Contractor may otherwise agree with the Owner.

5.11.2 The Contractor shall be required to execute the Work in co-ordination with other agencies Contractors engaged by the Owner, for carrying out works at the Site including the agencies or Contractors engaged for site grading, filling and leveling, electrical and mechanical engineering work, other civil works etc. No claim shall be entertained due to Work being executed or inconveniences or interruptions caused execution of the Work in the above circumstances.

6. GENERAL OBLIGATIONS OF CONTRACTOR 6.1 MATERIALS AND WORKMANSHIP

6.1.1 The Contractor shall at its own expenses, provide all materials required for the Work.

6.1.2 The Contractor shall, at its own expense, supply to the Engineer in Charge/Consultants samples of materials proposed to be used in the Work. The Engineer in Charge /Consultants shall be entitled to have the tests carried out as specified herein below, or as may be advised, from time to time, by the Engineer in Charge or the Owner at the cost and expense of the Contractor. If the test of the samples fails, the Contractor shall arrange to supply fresh samples for testing to the Engineer in Charge /Consultants and the testing charges shall be borne by the Contractor. Only materials, the samples for which pass the test, will be used for the Work. If any particular sample, fails to conform to the required specifications in testing, the Contractor shall not dispute the results of the testing and replace/rectify the materials as advised by the Engineer in Charge or the Owner, to make the material compliant with the specifications.

6.1.3 The Engineer in Charge /Consultants shall have full powers to direct removal of any or all of the materials brought to Site and which do not conform in character to the approved samples or specifications. Upon issue of such directions, the Contractor shall promptly remove such materials from the Site but in any case within 24 hours of such direction.

6.1.4 Materials required for the Works shall be stored by the Contractor at the Site only at places approved by the Engineer in Charge /Consultants. Storage and safe custody of materials shall be the responsibility of the Contractor.

6.1.5 The Engineer in Charge or his representative shall be entitled at any time to inspect and examine any materials intended to be used in or on the Work, either at the Site or at factory or

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workshop or other place(s) where these are lying and the Contractor shall give such facilities as may be required for such inspection and examination.

6.1.6 The Owner shall have a lien on all materials brought to the Site, but all risks of loss of such material shall remain with the Contractor. Materials brought to the Site shall not be removed by the Contractor without the prior written approval of the Engineer in Charge or the Consultants. On completion of the Work and fulfillment of all its obligations under the Contract Agreement, by the Contractor , and when so required by the Engineer in Charge and / or the Consultants, the Contractor shall, at its cost, promptly remove from the Site all plant, equipment and other materials belonging to the Contractor lying at the Site.

6.1.7. The Consultants shall be entitled to have test(s) carried out as required and specified in the

Specifications or in the Contract Agreement or considered necessary by the Engineer in Charge/Consultant/Owner, for any materials supplied by the Contractor and such test will be carried out at the cost of the Contractor. The Contractor shall bear all the expenses and provide all the facilities, which the Consultants may require for the purpose. Such test will include without limitation concrete cube test, briquette test, and slump cone test and sieve analysis. The Contractor shall, at its cost, install and maintain necessary equipment at the Site for carrying out such tests and shall maintain a register to record such tests and results of such test and shall make that register available to the Engineer in Charge, the Consultants and the Owner, whenever required.

6.2 CONTRACTOR’S RESPONSIBILITY WITH OTHER AGENCIES

Without Prejudice to the Contractor’s obligations, the Contractor shall execute the Work in co-ordination and co-operation with other contractors engaged by the Owner and / or its other Contractors, for carrying out works at the Site, including without limitation mechanical, electrical, air-conditioning and communication network contractors and other agencies engaged by the Owner and by providing the necessary grooves, recesses, cuts and openings in walls, slabs, beams and columns and making good the same to the desired finish as per Specifications for the placement of electrical, networking cables, conduits, air-conditioning inlet and outlet grills and other equipment etc., where required. For the above said requirements in the false ceiling and other partitions, the Contractor shall, before commencing the Work, prepare and put in place a joint scheme, in consultation with the electrical, mechanical, network communication, air-conditioning contractors and other agencies as well as the Consultant, showing the necessary openings, grooves, recesses, cuts, the methods of fixing required for the work of the aforesaid, and the finishes therein, to the Engineer in Charge and get the same approved by the Engineer in Charge.

6.3 COOPERATION AND COORDINATION WITH OTHER CONTRACTORS:

6.3.1 The Owner may engage other contractor(s) for carrying out other works at the Site in relation to the project for setting up the Educational Facility. The Contractor shall co-operate, co-ordinate and liaise with such other Contractors engaged by the Owner and / or by the contractors engaged by the Owner, and execute the Work accordingly so that the Work shall proceed smoothly with least possible delay and to the satisfaction of the Owner. The Owner shall not entertain any representation or claim from the Contractor for delay in completion of the Work, on account of engagement of other Contractors by the Owner or otherwise howsoever.

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6.3A INDEMNITY BY CONTRACTOR:

6.3.2 Notwithstanding any other provision to the contrary in the Contract Documents, it is agreed that the Contractor will remain solely liable for any and all loss, damage, cost, expense or other charges incurred by the Owner arising out of any act or omission of the Contractor or its employees, servants, consultants, sub-Contractors, agents and other representatives, in relation to the execution of any part of the Work, and the Contractor shall indemnify and keep indemnified the Owner against any and all such losses, damage, liability, cost, expenses, and claims whatsoever that may be incurred or suffered by the Owner.

6.4 RIGHTS OF VARIOUS INTERESTS

6.4.1 The Owner reserves the right to distribute the Work amongst more than one Contractor. The Contractor shall co-operate and provide other contractors’ access to the Site for carrying out by such other contractors their respective works.

6.4.2 Wherever the work being done by any agent/consultant or contractor or sub-contractor of the Owner or by other contractors employed by the Owner, is contingent upon Work covered by this Contract Agreement, the respective rights of the various interests involved shall be determined by the Engineer in Charge to secure the completion of the various portions of the Work in general harmony.

6.5 CONTRACTOR’S SUBORDINATE STAFF AND THEIR CONDUCT 6.5.1. Promptly on issue of the Letter of Award, the Contractor shall name and depute a qualified

engineer having requisite qualification and sufficient experience in carrying out work of similar nature, and acceptable to the Engineer in Charge, for being stationed at the Site (the “Works

Engineer”). The materials, which are to be supplied by the Owner in terms of the Contract Documents, for execution of the Work, shall be issued to the Engineer in Charge. The Contractor shall also provide to the satisfaction of the Engineer in Charge sufficient and qualified staff to supervise the execution of the Work, competent sub-agents, foremen and leading hands including those specially qualified by previous experience to supervise the type of works comprised in the Contract Agreement in such manner as will ensure work of the best quality and workmanship and expeditious completion of the Work. If, in the opinion of the Engineer in Charge, additional qualified and experienced personnel are required for proper co-ordination, supervision and/ or execution of the Work and accordingly notifies the Contractor, the Contractor shall, at its cost, promptly engage such additional personnel.

6.5.2. If and whenever, in the opinion of the Engineer in Charge, any of the personnel, consultants,

agents, assistants, foremen or other employees engaged by the Contractor or its sub-contractors, shall be guilty of any misconduct or be incompetent or insufficiently qualified or negligent in the performance of their duties or that in the opinion of the Engineer in Charge, it is undesirable for administrative or any other reason for such person or persons to be employed in the Work, the Contractor, if so directed by the Engineer in Charge, shall at once remove such person or persons from the Site and the Work and such persons shall not be any responsibility or role in relation to execution of the Work. Any person or persons so removed from the Work shall not again be employed in connection with the Work without the prior written permission of the Engineer in Charge. Any person so removed from the Work shall be immediately replaced at the expense of the Contractor by a qualified and competent substitute acceptable to the Owner. The Contractor shall bear all costs in connection herewith.

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6.5.3. The Contractor shall be responsible for all legal compliances and the proper behaviour of all the staff, foremen, workmen and other personnel engaged for or in relation to the Work and shall exercise a proper degree of control over them and in particular and without prejudice to the generality of the foregoing, the Contractor shall be bound to prohibit and prevent any employee and personnel from trespassing or acting in any way detrimental or prejudicial to the interest of the community or of the properties or occupiers of land and properties in the neighbourhood and in the event of such employees or personnel so trespassing, the Contractor shall be solely responsible for such acts and omissions and shall indemnify and keep indemnified the Owner against all claims, losses, damages, costs and expenses and liabilities arising there from.. The decision of the Engineer in Charge on any and all matters referred to in this Clause 6.5.3 shall be final and binding on the Contractor.

6.6. PLANT AND MATERIALS

6.6.1. The Contractor shall submit a detailed chart within 10 days from the date of issue of Provisional Letter of Award showing the plant and equipment to be deployed on the works and the periods during which the same will be required for implementation of the Work. In the event additional plant and equipment are considered necessary in the opinion of the Consultants or the Owner, the same shall be provided forthwith at no extra cost.

6.6.2. The Consultants or the Owner may require removal from the Site of any and all plant, equipment and materials brought for execution of the Work, which the Owner considers as unsuitable, without requiring give any reasons therefore.

6.6.3. If the Contractor or any of their employees, consultants, servants, sub-Contractors, agents or other representatives shall due to their act or omission, cause any loss, or damage, to any property belonging to any person including without limitation the Owner, or if any amount is claimed by any person from the Owner for such loss, damage or cost suffered by such person due to any such act or omission on the part of the Contractor, any Sub-contractor or such other persons specified above, then the same shall be made good by the Contractor at its own expense and in default thereof, the Engineer in Charge may cause the same to be made good by other agencies and deduct such costs and expenses from the running bills submitted by the Contractor for which the certificate of the Engineer in Charge shall be final and conclusive.

6.7. CHANGE IN CONSTITUTION The Contractor shall not make any change in its constitution without prior written approval of

the Owner. 6.8. FIRE PROTECTION 6.8.1 The Contractor shall provide fire protection equipment wherever it is required, in working

condition, as may be prescribed by the concerned Fire Authority/Officer. The Contractor's personnel who are working in execution of the Work will be properly instructed and trained in the operation of such fire protection equipment. In the event of an accidental fire, it is expected of such personnel to make efforts to extinguish the fire with the equipment made available. If the fire situation cannot be controlled, then the Contractor's personnel should immediately get in touch with the concerned District Fire Officer/ Authority and also report the same to the Engineer in Charge/ Consultants.

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6.8.2 All efforts should be made by the Contractor's personnel to prevent occurrence of any unwanted fire and in case of occurrence of any fire, due to which any material of the Owner, gets damaged, the Contractor shall be responsible to recompensate the Owner and the Owner shall be entitled to set off such damage (assessed by the Consultant), from amounts due and/or payable to the Contractor.

6.9. WRONGFUL APPROPRIATION OF MATERIALS

Wrongful appropriation, or attempt of wrongful appropriation, of materials belonging to the Owner or any other contractor working at the Site or commission of any other criminal act by the Contractor or its agents, or employees or workers shall be deemed to be a breach of contract on the part of the Contractor, and the Owner shall, in addition to the other remedies available under the Contract Agreement, be entitled to terminate the Contract Agreement forthwith at the risk and cost of the Contractor. The decision of the Owner in any of the above aspects shall be final and binding on the Contractor.

7. RIGHTS OF ENGINEER IN CHARGE/CONSULTANTS 7.1.1 The Engineer in Charge has no supervisory duties or responsibilities over the Contractor and

all such responsibilities in relation to supervision of the execution of the Work by the Contractor shall vest solely with the Consultants. The Engineer in Charge has no power to approve, restrict, modify or allow any financial transaction or to incur any amount for and on behalf of the Owner. The Engineer in Charge will be responsible for on site progress to ensure that the Works are being carried out by the Contractor in terms of the Specifications stated in Section 04 hereto and in terms of time schedule, measurement, quantities, quality and as per drawings etc. He will inform the Consultants/ Owner in case of faulty workmanship or delays etc. and the Consultants shall take up the matter with the Contractor.

7.1.2 The Consultants and /or the Owner may appoint other engineers and personnel (hereinafter

the “junior engineers”) to assist the Engineer in Charge. The Contractor shall afford them every facility and assistance for inspecting the Work and materials and for checking and measuring the work done and materials. Neither the Engineer in Charge nor the junior engineers shall have power to revoke, alter, enlarge or relax any requirement of the Contract Agreement or to sanction any additions, alterations, deviations, omissions or any extra work whatsoever, except in so far as such authority may be specially confirmed by written order of the Consultants.

7.1.3 The Engineer in Charges or his representative shall have power to give notice to the

Contractor, its representative regarding non-approval of any work or material and such work shall be suspended or the use of such materials shall be discontinued until the decision of the Consultants is obtained. The work will from time to time be examined by the Consultants, the Engineer in Charges or other representatives, but such examination or approval shall not in any way exonerate the Contractor from the obligations to remedy any defects which may be found to exist at any stages of the work or after the same is completed.

7.1.4 The Consultants/ Engineer in Charge and their representatives shall at all reasonable time

have free access to the Work site and/or other places where materials are lying or from where they are being obtained. The Contractor shall give every facility to the Consultants/ Engineer in Charge and their representatives, necessary for inspection and examination and test of the Work and the materials.

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7.2 The Contractor shall give, not less than seven (7) days notice in writing, to the Consultants or their representative in charge, before the Work is covered or otherwise placed beyond the reach for measurement. The Contractor agrees not to cover or seal the Work without the prior written consent of the Consultants or their authorized representative in charge of the Work and the same shall be uncovered at the Contractor’s expense in case the procedure is not followed or any default thereof. No payment or allowance shall be made for such work or the materials with which the same was executed.

7.3 The Consultants shall have full power, during the progress of the Work, to direct the

Contractor in writing from time to time the removal from the Work within such reasonable time as may be specified in the direction or any materials, which, in the opinion of the Consultants, do not conform to the Specifications or to the instructions of the Consultants and the Contractor shall forthwith carry out such directions at its own cost. In case of default on the part of the Contractor to carry out such directions, the Consultants shall, with the concurrence of the Owner, have the power to employ and pay other persons to carry out the same and all expenses consequent thereon or incidental thereto as certified by the Consultants shall be borne by the Contractor or may be set off/deducted by the Owner from any money due or that may be due to the Contractor.

7.4 The Consultants/ Engineer in Charge shall have full powers to require removal of any or all

the materials brought by the Contractor which, in the opinion of the Consultants or the Engineer in Charge, do not conform to the Specifications or do not conform in character or quality to the samples approved by the Consultants or the Engineer in Charge. In case of default on the part of the Contractor in removing rejected materials the Consultants shall be at liberty to have these removed by other Agency. The Consultants/Engineer in Charge shall have full powers to require other proper materials to be substituted for rejected materials in the event of the Contractor refusing to comply, the Consultants/ Engineer in Charge may cause the same to be supplied by other agency, which may attend upon such removal and/or substitution and such cost shall be borne by the Contractor.

7.5 All the works embracing more than one process shall be subject to examination and approval

at each state thereof by the Consultants and the Contractor shall give the notice to the Consultants or his authorized representative when each state is ready. In case of default of such notice the Consultants shall be entitled to appraise the quality and extent thereof and the assessment of the Consultant, shall be final.

7.9 The Contractor shall make available to the Engineer in Charge free of cost all necessary

instruments and assistance in checking of setting out of Work and in the checking of any Work made by Contractor and taking measurement of Work.

8. EXECUTION OF WORK 8.1 EXECUTION OF WORK:

8.1.1 All the items of the Work and parts thereof shall be executed in strict conformity with the provisions of the Contract Documents and with such explanatory detailed Tender Drawings, Specifications and Instructions as may be furnished from time to time to the Contractor by the Engineer in Charge/Consultants, whether mentioned in the Contract Documents or not. The Contractor shall be responsible for ensuring that Work throughout are executed in the most substantial, proper and workmanlike manner with the quality of material and workmanship in strict accordance with the Specifications and to the entire satisfaction of the Consultants.

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8.1.2 The Contractor shall give all necessary personal superintendence during the execution of works, and so long thereafter as the Consultants may consider necessary until the expiry of the "Defects Liability Period" stated hereto. The Contractor shall also during the whole time the Work are in progress employ competent representatives and qualified engineers who shall be constantly in attendance at the Site while the men are at work. Any directions, explanations, instructions or notices given by the Engineer in Charge to any representative of the Contractor shall be deemed to be given to the Contractor.

8.1.3 The Contractor shall at the request of the Engineer in Charge immediately withdraw and remove from the Site and the work any of the Contractor’s personnel, who, in the opinion of the Engineer in Charge/ Consultants, may not be a desirable person to be employed at the Site or on the Work. The Contractor shall not reemploy such persons at the Site or on the Work without prior written permission of the Engineer in Charge/Consultants.

8.1.4 The Contractor shall prepare detailed shop drawings, bar bending schedule and obtain necessary approval from the Consultants before executing such item of the Work.

8.1.5 Commencing from the time of taking possession of the Site, the Contractor shall, at its cost,

arrange for proper watch and ward staff, lighting and protecting the Work Site at all times until completion of the Work and handing over the same to the Owner. The Contractor shall provide at its cost necessary temporary enclosures, fencing, boundary walls, gates, entrances etc., for the protection of the Work and materials. The Contractor shall, at its cost, remove the same at completion of the Work. The Contractor shall prepare a detailed Schedule of Work for execution in conformity to the stipulated time for completion of the Work, and submit it for the approval of the Consultants immediately after issue of the Letter of Award. The Schedule of Work shall be revised and brought up-to-date every month and copies of the same shall be forwarded to the Engineer in Charge, the Consultants and the Owner. It is Contractor's responsibility to see that these schedules are complied with. The Owner will not be responsible for any claim of any nature by the Contractor and its subcontractor not having completed their work in accordance with the time and progress schedule for any reason whatsoever.

8.1.5 The entire Work including all extra and additional items of work shall be completed in the time stated in the Contract Documents. No claim for enlargement of time will be allowed to the Contractor on this account.

8.1.6 The Contractor shall allow, free of charge, the use of scaffolding etc. to the Engineer in

Charge/ Consultants for inspection and to other contractors for execution of their work in proper manner.

8.1.7 The Owner shall have no obligation to pay any compensation for any damage caused to the

Work or materials by rains, floods or natural calamities or any other causes whatsoever, including force majeure conditions. The Contractor shall make good all such damages at its own cost.

8.1.8 The Contractor shall provide to the satisfaction of the Consultants a team of qualified

engineering staff including one experienced Works Engineer and experienced general Foreman who will always be on the premises when the work is going on.

8.1.9 The Contractor shall give to the municipal and other authorities all notices etc., that may be

required by the law and obtain all requisite licenses for temporary constructions, enclosures, opening into common sewers, water pipes etc. and pay all proper fees, costs and shall meet all

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misc. expenses in this connection. They shall also construct proper enclosures and fencing for the protection and convenience of the workmen and public, if so advised by the Consultant/Engineer in Charge during the progress of the work and perfectly restore all the adjoining grounds, pavements etc. on completion of the work.

8.1.10 All water pipes, existing drawings or any other work which may be made with or above the

excavation shall be properly maintained by the Contractor by means of shoring, strutting, planking over or otherwise as the Consultants/ Engineer in Charge may direct and shall be protected by the Contractor from damage during the course of work or if damaged shall be made good by him at its own cost. However, if Consultants considers that they will have to be temporarily broken down or permanent diversion is required then the Contractor will be compensated for such diversion, at the sole discretion of the Consultants in consultation with the Owner.

8.1.11 All constructional plant, equipment, instruments, temporary works and materials provided

by the Contractor shall, when brought to or remain at the Site, be used exclusively for the execution of the Work and the Contractor shall not remove the same or any part thereof without the consent in writing of the Engineer in Charge.

8.1.12 Labour hutments may be allowed at Site only after obtaining permission from the Engineer in

Charge. However, it is the responsibility of the Contractor to remove such labour hutments and such removal is a pre-condition to issue of Completion Certificate.

8.1.13 It shall be the responsibility of the Contractor to see that the building under repair works is

not occupied by any person, during construction and the Contractor to hand over vacant and peaceful possession of the Site.

8.1.14 The Work shall not be considered complete until the Contractor has executed the Work

complete in all respects to the entire satisfaction of the Consultants and the Contractor has removed from the Site all scaffolding, temporary works, surplus materials, rubbish and all huts and sanitary arrangements required for its workmen on the Site in connection with the execution of the Work, and cleaned all dirt from the parts of building in, upon or about which the Work has been executed or of which he may have had possession for the purpose of the execution thereof and cleaned floors, gutters and drains, eased doors and sashes, oiled locks and fastenings labeled keys clearly and hand them over to the Engineer in Charge and make the Site fit for immediate occupation or use to the satisfaction of the Consultants/ Engineer in Charge. The Consultants shall have no obligation to issue the Completion Certificate to the Owner until the Contractor has performed and fulfilled all its obligations to the complete satisfaction of the Consultants. If the Contractor fails to comply with any of the requirements of these conditions as aforesaid, on or before the date fixed for completion of the work, the Consultants and/or Engineer in Charge may at the expense of the Contractor fulfill such requirements and dispose of the scaffoldings, surplus materials and rubbish etc. as he thinks fit and the Contractor shall have no claim in respect of any such scaffolding or surplus materials except for any sum actually realized by the sale thereof less the cost of fulfilling the requirements and any other amount that may be due from the Contractor. If the expense of fulfilling such requirements is more than the amount realized from such disposal as aforesaid, the Contractor shall forthwith, on demand, pay such expense. On its failure to pay on demand, such amount, it may be realized from any other sum due to the Contractor.

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8.2 WORK IN MONSOON AND DEWATERING

8.2.1 The completion of the Work will entail working in the monsoon also. The Contractor shall maintain necessary labour force as may be required for the Work and plan and execute the construction and erection according to the prescribed schedule. No extra rate will be considered for such Work in monsoon.

8.2.2 The Contractor should install pump(s) of adequate capacity to bail out/divert/ regulate water,

which may have collected at Site, from any source/for any reason, including natural causes and it shall be the responsibility of the Contractor to keep the construction work Site free from water logging at its own cost, at all times. The Owner shall not entertain any claim, for such costs/expenses or damage caused to its material, which the Contractor, may have incurred, in this regard. Also, the Contractor shall take precautionary/preventive as well as curative steps, as may be advised by the Engineer in Charge.

8.3 TENDER DRAWINGS 8.3.1 Ref Appendix A “The Work” 8.4 ALTERATIONS IN SPECIFICATIONS & DESIGNS & EXTRA WORK

The Consultants shall have power to make any alterations in, omissions from, additions to, variations from, or substitutions for, the schedule of rates, the original Specifications, drawings, designs, and instructions that may appear to the Consultants to be necessary or advisable during the course of execution of the Work, and Contractor shall be bound to carry out such altered, additional or substituted items of Work in accordance with any instructions which may be given by the Consultants, and such alterations, omissions, additions or substitutions shall not invalidate Contract Agreement and any altered, additional or substituted Work, which Contractor may be directed to do in manner above specified as part of the Work, shall be carried out by Contractor on the same conditions in all respects on which the Contractor had agreed to execute the Work. At the request of the Contract, the Consultants may, at their discretion, allow extra time, for the part of the particular work on account of such alterations, additions or substitutions of Work, as the Consultants consider as just and reasonable. The rates for such additional, altered or substituted Work under this clause 8.4 shall be worked out in accordance with the following provisions:

i) If the rates for additional altered or substituted Work are specified in Contract Agreement, the

Contractor is bound to carry out the additional, altered or substituted Work at the same rates as are specified in Contract Agreement unless the Consultants considers otherwise. The opinion of the Consultants, as to whether or not the rates can be reasonably so derived from the items in the Contract Agreement, shall be final and binding on the Contractor.

ii) If the rates for the additional, altered or substituted Work are not specifically provided in

Schedule of Rates, the rates, the Consultants will, in consultation with the Owner, assess the rates.

iii) For additions/ alterations falling under above sub clauses, the Consultants shall determine the

rate or rates on the basis of the prevailing market rates of materials, labour cost at schedule of labour plus fifteen percent (15%) thereon to cover Contractor's supervision, over-heads and profit and pay the Contractor accordingly. The opinion of the Consultants as to the current market rates of materials and the quantum of labour involved per unit of measurement will be final and binding on Contractor.

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iv) Notwithstanding anything mentioned in sub-clauses (i), (ii) and (iii) above, the Consultants

shall have the right to determine rates for additional / extra works and the rates determined by the Consultants shall be binding on the Contractor, who shall forthwith execute such works. The Engineer in Charge shall also have the option to employ another agency to execute such works and the Contractor shall provide full co-ordination.

8.5. VARIATIONS: 8.5.1 The Contractor shall carry out and complete the said Work in every respect in accordance

with the Contract Agreement and with the directions of and to the satisfaction of the Consultants / the Owner. The Consultants may in their absolute discretion and from time to time issue further drawings and/or written instructions, details, directions and explanations (herein the “Consultants’ Instructions”) to the Contractor, in regard to:

(i) The variation of modification of the design, quantity or quality of works or the addition or

omission or substitution of any work; (ii) Any discrepancy in the drawings or between the Schedule of Quantities and/or drawings

and/or Specification; (iii) The removal from the Site of any works executed by the Contractor, and the substitution of

any other material thereof; (iv) The removal and/or re-execution of any works executed by the Contractor; (v) The removal from the Work and / or from the Site any person(s) employed by the

Contractor; (vi) The opening up for inspection of any work covered up; and (vii) The amending and making good of any defects.

Instructions issued to the Contractors under (i) and (ii) shall be considered as expected matters.

8.5.2 The Contractor shall forthwith comply with and duly execute any work comprised in such

Consultants’ Instructions provided always that oral instructions, directions and explanations given to the Contractor or its representative upon the Work by the Consultants shall, if involving a variation, be subject to confirmation in writing by the Consultants to the Contractor, within further seven days and they shall be deemed to be Consultants’ Instructions within the scope of the Contract Agreement.

8.6 NO COMPENSATION FOR ALTERATION / RESTRICTION OF WORK

If at any time from the commencement of the Work, the Owner for any reason whatsoever does not require the whole or part thereof as specified in the Bid to be carried out, the Engineer in Charge shall give notice in writing to that effect to the Contractor, who shall have no claim to any payment or compensation whatsoever on account of any loss of profit or advantage which the Contractor may have derived from the execution of the Work in full, but which he did not derive in consequence of the full amount of the work not having been carried out, neither shall the Contractor have any claim for compensation by reason of any alterations or additions

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having been made, to the original Specifications, drawings, designs and the Consultants’ Instructions, which shall involve any curtailment of the Work.

8.7. INSPECTION OF WORK 8.7.1 The Engineer in Charge/ Consultants will have full power and authority to inspect the Work

(and not the Contractor’s workers) at any time wherever in progress either on the Site or at the Contractor’s premises/ workshops wherever situated, premises /workshops of any person, firm or corporation where work in connection with the Contract Agreement may be in hand or where materials are being or are to be supplied, and Contractor shall afford or procure for the Engineer in Charge, every facility and assistance to carry out such inspection. Contractor shall, at all time during the usual working hours and all other times at which reasonable notice of the intention of the Engineer in Charge or his representative to visit the Work shall have been given to the Contractor, either himself be present to receive orders and instructions, or have a responsible agent duly accredited in writing present for the purpose. Orders given to the Contractor's agent shall be considered to have the same force as if they had been given to Contractor himself. The Contractor shall give not less than seven (7) day's notice in writing to the Consultants before covering up or otherwise placing beyond reach of inspection and measurement any Work in order that the same may be inspected and measured. In the event of breach of above the same shall be uncovered at Contractor's expense for carrying out such measurement or inspection.

8.7.2 The Engineer in Charge shall give written instructions regarding any particular work. The

Contractor shall maintain a work order book for each sector in which the aforesaid written instructions will be entered. The Contractor or its authorized representative shall sign the work order book, within 12 hours of issue of instructions, by way of acknowledgement of such instructions.

8.7.3 No material shall be dispatched from Contractor's stores before obtaining the approval in

writing of the Engineer in Charge. 8.7.4 The Contractor shall provide at all times during the progress of the Work and maintenance

period proper means of access with ladders, gangways, etc. and the necessary attendance to move and adopt as directed for inspection or measurement of the Work by the Engineer in Charge.

8.8. TESTS FOR QUALITY OF WORK 8.8.1. All workmanship shall be of the respective kinds described in the Contract Documents and in

accordance with the instructions of the Consultant and shall be subjected from time to time to such test, at the Contractor's cost, as the Consultants may direct at the place of manufacture or fabrication or on the Site or at an independent laboratory or at all or any such places. The Contractor shall provide assistance / instrument, labour and materials as are normally required for examining, measuring and testing any workmanship as may be selected and required by the Consultants. The results of the tests in original will be forwarded directly to the Consultants or Engineer in Charge by the testing authority with copies sent to the Contractor.

8.8.2. All the tests that will be necessary in connection with the execution of Work as stipulated by the

Consultants from time to time shall be carried out at the field-testing laboratory of the Contractor at its costs. The Contractor at its costs shall do all the required tests on materials and works. In case it is directed to carry out tests at an independent laboratory Contractor shall arrange to do so at its cost as directed by the Consultants.

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8.9. SAMPLES

The Contractor shall furnish to the Engineer in Charge for approval when requested or if required by the Specifications, adequate samples of all materials and finishes to be used in Work at Contractors cost. Such samples shall be submitted before Work is commenced and in ample time to permit tests and examination thereof. All materials furnished and finishes applied in Work shall be fully equal to the approved samples.

8.10 SUSPENSION OF WORK

The Contractor shall if ordered in writing by the Engineer in Charge, or his representative, temporarily suspend the Work or any part thereof for such period and such time as so ordered and shall not, after receiving such written order proceed with Work therein ordered to be suspended until he shall have received a written order to proceed therewith. The Contractor shall not be entitled to claim compensation for any loss or damage sustained by him by reason of temporary suspension of Work aforesaid. An extension of time for completion, corresponding with the delay caused by any such suspension of Work as aforesaid will be granted to Contractor should he apply for the same provided that the suspension was not consequent to any default or failure on the part of Contractor.

8.11 OWNER MAY DO PART OF WORK

Upon failure of the Contractor to comply with any instructions given in accordance with the provisions of this Contract Agreement, the Owner has the alternative right, instead of assuming charge of the Work to place additional labour force, tools, equipment and materials on such parts of Work, as the Owner may designate or also engage another Contractor to carry out such work. In such cases, the Owner shall be entitled, without prejudice to its other rights and remedies, to deduct from any amount due the Contractor, the cost of such work and materials with fifteen percent (15%) added to cover all departmental charges and should the total amount thereof exceed the amount due to the Contractor, the Contractor shall forthwith pay such shortfall to the Owner. In the alternative, the Owner shall recover such costs from Performance Bank Guarantee.

8.12 SUB-CONTRACTING OF WORK 8.12.1. The Contractor shall not directly or indirectly sub-let or sub-contract the whole or any part of

the Work, without prior written permission of the Consultants / the Owner, except as provided for in the succeeding sub-clause, of the Owner/Consultants.

8.12.2. The Owner/Consultants may, at their sole discretion, give written consent to sub- contract for

the execution of any part of the Work at the Site, such as for anti-termite treatment, water proofing etc., provided the Contractor shall have furnished in advance, full details of such proposal to sub-contract and shall have obtained written permission from the Consultants / Owner to such proposal for sub-contracting. The Owner / Consultants may decline to grant permission for sub-contracting, without requiring to give any reasons thereof. If the Owner/ Consultants permits such sub-contracting by the Contractor, the same shall be subject to the stipulation that the Contractor shall personally be liable for performance and shall guarantee the proper functioning of the such, sub-contracted item of Work. It is expressly understood herein, that in case anti-termite treatment, water proofing, are sub-contracted, the Contractor

shall be required to provide a guarantee, guaranteeing efficacy of such work, for a period of ten (10) years, in the form and manner prescribed by the Consultants/ Owners.

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8.12.3. At the commencement of every month, the Contractor shall furnish to the Engineer in Charge a

complete list of all sub-contractors or other persons or firms, engaged by the Contractor or working at Site during the previous month with particulars as to the general nature of the subcontracted Work and reference of the Engineer in Charge’s approval, obtained for the same.

8.12.4 Notwithstanding grant of permission by the Owner / Consultants for sub-contracting any part

of the Work, the Contractor shall be solely liable to execute the Work and any such sub-contracting shall not in any way dilute the Contractor’s obligations to execute the Work or relieve the Contractor from its obligations under the Contract Agreement. The Contractor shall be fully responsible for proper execution of the sub-contracted work by the sub-contractor and shall be solely liable to deal with the sub-contractor. The Owner / Consultants shall have no obligations to deal with the sub-contractors, notwithstanding the fact that such sub-contractors may have been engaged with the prior permission of the Consultants / Owner.

8.12.5 If any sub-contractor engaged upon the Work at the Site executes any Work, which in the

opinion of Engineer in Charge/Consultants is not in accordance with the Contract Agreement, the Owner/ the Consultants may by written notice to the Contractor withdraw the permission granted and require the Contractor to execute such work by itself. Upon such withdrawal of permission, the Contractor shall forthwith terminate the contract, if any, entered into with such sub-contractor and remove the sub-contractor from the Site and from the Work.

8.12.6. No action taken by the Owner under clause 8.12 shall render the Owner liable to any claim for

damages or compensation from the Contractor or the sub-contractor(s), employed by the Contractor.

8.13 POWER OF ENTRY

If the Contractor shall not commence the Work in the manner previously described in the Contract Documents or if the Contractor shall at any time in the opinion of the Consultants:

i) fail to carry out the Work in conformity with the Contract Documents, or

ii) fail to carry out the Work in accordance with the time schedule, or

iii) substantially suspend the Work for a period of seven (7) days without authority from the

Engineer in Charge, or

iv) fail to carry out and execute the Work to the satisfaction of the Engineer in Charge, or

v) fail to supply sufficient or suitable construction plant and equipment, temporary works, labour, materials or things, or

vi) commit or suffer, or permit any other breach of any of the provisions of the Contract Agreement

to be performed on its part or observed to persist in any of the above mentioned breaches of the Contract Agreement for seven (7) days, after notice in writing shall have been given to the Contractor by the Consultants requesting such breach to be remedied, or

vii) if the Contractor shall abandon the work, or viii) if the Contractor during the continuance of the contract shall become bankrupt, make any

arrangement or composition with its creditors, or permit any execution to be levied or go into

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liquidation whether compulsory or voluntary not being merely a voluntary liquidation for the purpose of amalgamation or reconstruction,

then, and in any such case, the Owner shall have the absolute power to determine the Contract Agreement, without any notice to the Contractor, as specified in Clause 27 herein below, and in addition, the Owner shall have the power to enter upon the Work and take possession thereof and of the materials, temporary works, constructional plant and equipment and stock thereon, and to revoke the Contractor's right to use the same, and to complete the Work by its agents, other Contractor’s or workmen, or to re-let the same upon any terms and to such other person, firm or corporation as the Owner in its absolute discretion may think proper to employ and for the purpose aforesaid to use or authorize the use of any materials, temporary works, constructional plant and equipment and stock as aforesaid, without making payment or allowance to the Contractor for the said materials other than such as may be certified in writing by the Engineer in Charge to be reasonable, and without making any payment or allowance to the Contractor for the use of the temporary said works, constructional plant and equipment and stock or being liable for any loss or damage thereto, and if the Owner shall incur additional expenditure by reason of its taking possession of the Work which are being completed by other Contractor (due account being taken of any extra work or works which may be omitted) then the amount of such additional expenditure as certified by the Engineer in Charge shall be deducted from any money which may be due for work done by the Contractor under the Contract Agreement and not paid for. Any deficiency shall forthwith be made good and paid to the Owner by the Contractor and the Owner shall have power to sell in such manner and for such price as he may think fit all or any of the constructional plant and equipment materials etc. constructed by or belonging to Contractor and to recoup and retain the said deficiency or any part thereof out of the proceeds of the sale.

8.14 MATERIALS SUPPLIED BY OWNER:

This clause does not apply to “The Work”

8.15 CONDITIONS FOR ISSUE OF MATERIALS: 8.15.1. At the request of the Contractor, the Owner may from time to time issue materials in such

quantities, as the Owner considers appropriate, to the Contractor’s designated person, only for use in execution of the Work, properly documented by way of pre-numbered issue slips. It shall be the responsibility of Contractor to receive the materials and arrange unloading and stacking at its store at its own cost. No additional payment will be made to the Contractor, for loading, unloading and stacking of such material, by the Contractor.

8.15.2. Contractor shall bear all incidental charges for the storage and safe custody of materials at site

after these have been issued to him, for the purpose of incorporation or use in performance of the Work.

8.15.3. For the material issued by the Owner, the Contractor shall make suitable arrangements, to the

satisfaction of the Engineer in Charge/ Consultants, for safe storage of material. 8.15.4. Contractor shall be responsible for storing the materials supplied by the Owner,

safeguarding the same against damage by rain, dampness, fire, theft etc. He shall also employ necessary watch and ward establishment for the purpose and the material shall be stored in Stores with double locks and keys.

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8.15.5. It shall be the duty of Contractor to inspect the materials supplied to him at the time of taking delivery and satisfy itself that they are in good condition. Once the materials are delivered, the Contractor shall, at its cost and responsibility, keep such materials in good condition and if the materials are damaged or lost, at any time, the Contractor shall, at its cost, repair and/or replace to the complete satisfaction of the Engineer in Charge.

8.15.6. Unused material (supplied by Owner), shall be properly accounted for and returned by the

Contractor to the Owner, after completion of the Work. 8.15.7. The materials issued by the Owner are issued only for the purpose of incorporation and use in

the Work of permanent nature performed by the Contractor for the Owner and the same shall be held by the Contractor, only as a Trustee of the Owner. The Ownership of materials supplied by the Owner shall at all times, vest and remain with the Owner and the Contractor shall have or claim any Ownership rights over or on such material, supplied by the Owner.

8.15.8. The Contractor, at his own cost, shall obtain comprehensive insurance cover from a reputed

insurance company for materials supplied by the Owner and the name of the Owner shall be incorporated as the “Loss Payee” in such insurance policy.

8.15.9. The Owner shall not be liable for any delay in supply or non-supply of any materials, which

the Owner has undertaken to supply where such failure or delay is due to natural calamities, act of enemies, transport and procurement difficulties and any circumstance beyond the control of the Owner. In no case, the Contractor shall be entitled to claim any compensation or loss suffered by him on this account.

8.15.10. It shall be the responsibility of the Contractor to arrange in time all materials required for the

Work. If, however, in the opinion of the Engineer in Charge the execution of Work is likely to be delayed due to the Contractor's inability to make arrangements for supply of materials which normally he has to arrange for, the Engineer in Charge shall have the right at his own discretion to issue such materials if available with the Owner or may procure the materials from the market or elsewhere and the Contractor will be bound to take such materials at the rates decided by the Engineer in Charge. This however does not in any way absolve Contractor from responsibility of making arrangements for the supply of such materials in part or in full, should such a situation occur nor shall this constitute a reason for the delay in the execution of Work.

8.15.11. The Contractor shall furnish to the Engineer in Charge wherever instructed, a statement

showing its requirement of the quantities of the proposed materials to be supplied by Owner and the time when the same will be required by him for work, so as to enable the Engineer in Charge to make necessary arrangements for procurement and supply of the material.

8.15.12. The Contractor shall issue requisition for materials properly documented by way of pre

numbered indents, for such quantities as are absolutely essential for completion of that portion of the work, for which the material is requisitioned. The requisition shall be made at least ten days in advance, before such material is required for performance of any item of work, to enable the Owner to procure such material.

8.15.13. Materials supplied by the Owner shall not be utilized for any purpose other than for which it

is issued, without prior written permission of the Engineer in Charge.

8.15.14 The Contractor shall hold the materials issued or supplied by the Owner in trust for the Owner and shall use the materials only for the purposes for which such materials are supplied

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or issued. In case of any shortfall due to any reason whatsoever, it shall be to the account of the Contractor. In case of shortfall/ shortage of material or the same is unusable, in Engineer in Charge/Consultants’ sole opinion, the Owner at its sole discretion shall assess the value of such material, and such assessed amount shall be deducted from the next running bill or the final bill, raised by the Contractor.

8.15.15 The Contractor shall maintain a logbook, in which details of quantity received by way of issue slips, quantity issued for construction and the closing stock are recorded. The logbook shall contain a monthly summary of actual utilization as per logbook and reconcile the same with the theoretical consumption as per Consultant’s calculations.

8.16. MATERIALS OBTAINED FROM DISMANTLING

If the Contractor in the course of execution of Work is called upon to dismantle any part for reasons other than those stipulated herein, the materials obtained as a result of the dismantling etc., will be considered as the Owner's property and will be disposed of to the best advantage of the Owner.

9. RATES, BILLS AND PAYMENTS 9.1. MOBILISATION ADVANCE

The Owner will advance to the Contractor a sum equivalent to ten (10) percent of the value of the works stated in the Letter of Award, by way of Mobilization Advance (Higher advance may be considered for eligible bidders on obtaining equivalent bank guarantee).

(a) Bank Guarantee securing the Mobilization Advance from a nationalized bank in the Form prescribed in Section 8 to the Bid Document, to the satisfaction of the Owner;

(b) Performance Bank Guarantee for a sum equivalent to Rs. 10,00,000/- (Rupees Ten Lacs) only from a nationalized bank in the Form prescribed in Section 7 to the Bid Document, to the satisfaction of the Owner;

(c) Cover Note for a comprehensive All Risks Cover insurance policy for the Works;

(d) Registration, or proof of applying for registration from the appropriate authority under the State Government of Delhi, for registration under the Contract Labour Act/ Inter State Migrant Workmen Act; and

(e) Organization structure with resume of engineer in charge and other supporting staff, who will be assigned for performance of Work, by the Contractor.

The Mobilization Advance shall be deducted prorata from each running bill commencing from the second running bill and ending with the pre-final bill, such that the entire Mobilization Advance shall be recovered before the final bill is submitted, by the Contractor.

9.2. RETENTION MONEY

The Owner shall be entitled to deduct from each running bill a sum equivalent to five (5) per cent of the running bill, and retain the said sum with the Owner (the “Retention Amount”). The Owner shall be entitled to retain the Retention Amount with it, free of interest, until the

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Contractor has duly performed and fulfilled all its obligations under the Bid Documents and the Contract Agreement. The Owner shall release fifty (50) percent of the Retention Amount, subject to deduction of any amount/sums due to the Owner, on successful completion of execution of the Work and issue of Completion Certificate by the Consultants. The Owner shall retain the balance fifty (50) percent of Retention Amount until the Contractor has duly completed and fulfilled all its obligations or until expiration of the Defects Liability Period, whichever date occurs later. EMD amount will be adjusted in the Retention amount.

9.3 SCHEDULE OF RATES AND PAYMENTS 9.3.1 The Contract Price to be paid by the Owner to the Contractor for the Work to be done and for

the performance of all the obligations undertaken by the Contractor under Contract Agreement shall be ascertained by the application of the respective rates (the inclusive nature of which is more particularly defined by way of application but not of limitation, with the succeeding sub clauses of this clause) and payment to be made on part basis accordingly for the Work actually executed and approved by the Engineer in Charge. The sum so ascertained shall (excepting only as and to the extent expressly provided herein) constitute the sole and inclusive remuneration of the Contractor under Contract Agreement and no further or other payment whatsoever shall be or become due or payable to the Contractor under Contract Agreement.

9.3.2 The prices / rates quoted by the Contractor shall remain firm till the issue of Final Certificate

and shall not be subject to escalation. Rates shall be deemed to include and cover all costs, expenses and liabilities of every description and all risks of every kind to be taken in executing, completing and handing over Work to the Owner by Contractor. The Contractor shall be deemed to have known the nature, scope magnitude and the extent of Work and materials required though Contract Documents may not fully and precisely furnish them. The Contractor shall make such provision in the Rates as the Contractor may consider necessary to cover the cost of such items of the Work and materials as may be reasonable and necessary to complete the Work. The opinion of the Consultants as to the items of the Work, which are necessary and reasonable for completion of the Work, shall be final and binding on the Contractor, although the same may not be shown on or described specifically in Contract Document.

9.3.3 The Rates quoted shall be the landed cost at the Site and shall be inclusive of all present and

future taxes, duties, rates, imposts, levies, octroi, charges, surcharges and other charges in the nature of tax, inclusive inter alia sales tax, commercial tax, value added tax, works contract tax, excluding service tax (collectively the “Taxes”). The Owner will not entertain any claim whatsoever in this respect and all rates quoted shall include for all taxes and duties. Rates quoted shall remain firm till the entire Work is executed. The Owner shall not entertain any request or claim for any revision of any rates on any account whatsoever. Without in any way limiting the obligations of the Contractor, in the event any such Tax or Taxes are paid or required to be paid by the Owner for any reason whatsoever, the Contractor shall promptly reimburse to the Owner the amount paid by the Owner.

9.3.4 Without in any way limiting the provisions of the preceding sub-clause, the Rates shall be

deemed to include and cover the cost of all construction plant and equipment, temporary work, pumps, materials, labour, insurance, fuel, stores and appliances to be supplied by the Contractor and all other matters in connection with each item in the Rates and the execution of Work or any portion thereof finished, complete in every respect and maintained as shown described in the Contract Documents or as may be ordered in writing during the continuance of Contract Agreement.

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9.3.5 The Rates shall be deemed to include and cover the cost of all royalties and fees for the articles, and processes, protected by letters, patent or otherwise incorporated in or used in connection with Work, also all royalties, rents, and other payments in connection with obtaining materials of whatsoever kind for Work and shall include an indemnity to the Owner which Contractor hereby gives against all actions, proceedings, claims, damages, costs and expenses arising from the incorporation in or use on Work of any such articles, processes or materials, octroi, works contract tax or other Municipal or Local Board charges if levied on materials, Equipment or machineries to be brought to Site for use on Work shall be borne by Contractor.

9.3.6 The Rates shall be deemed to include and cover risk of all possibilities of delay and

interference with Contractor's conduct of Work which occur from any cause including orders of the Owner in the exercise of its powers and on account of extension of time granted due to various reasons and for all other possible or probable causes of delay.

9.3.7 The Contract Price are fully inclusive rates which have been fixed by Contractor and agreed to

by the Owner and cannot be altered. 9.4 PROCEDURE FOR MEASUREMENT/BILLING OF WORK IN PROGRESS 9.4.1 All the Work in progress will be jointly measured by the representative of the Engineer in

Charge, and Contractor's authorized agent progressively. Measurements will be recorded by the Engineer in Charge or his authorized representative and signed by Contractor or its authorized representative in the measurement book to be provided by the Contractor. For the purpose of taking joint measurements Contractor's representative shall be bound to be present whenever required by the Engineer in Charge. If, however, he is absent for any reason whatsoever the measurements will be taken by the Engineer in Charge or his representative and this will be deemed to be correct and binding on Contractor. In case of disputes as to the mode of measurement of any work the Engineer in Charge’s directions shall be followed.

9.4.2. The Contractor will submit a Bill in approved proforma in quadruplicate to the Engineer in Charge giving abstract and detailed measurements for the various items executed during a month. The Engineer in Charge shall take or cause to be taken the requisite measurements for the purpose of having the same verified and the claim, as far as admissible, adjusted, if possible, before the presentation of the bill.

9.5 RUNNING BILLS

9.5.1 The Contractor shall raise a running bill, when value of work executed touches 10% of the total contract price.

9.5.2 The Contractor shall submit the running bill duly checked by the Engineer in Charge, to the Consultants, who may approve, restrict, re-assess, or reduce the amount payable against the running bill, at its sole discretion and certify the running bill for payment to the Owner, within Seven (7) days from the receipt of the running bill from the Contractor.

9.5.3 Upon receipt of the certification of the running bill for payment along with the running bill for which such certification was issued, the Owner shall make payment of the value certified by the Consultants, within a period of Ten (10) days from the date of receipt of the same, from the Consultants.

9.5.4 All payments shall be made in Indian Currency.

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9.6 RUNNING ACCOUNT PAYMENTS TO BE REGARDED AS ADVANCES

All running account payments shall be regarded as payments by way of advance against the final payment only and not as payment for Work actually done and completed and shall not preclude the requiring of bad, unsound and imperfect or unskilled Work to be removed and taken away and reconstructed or re-erected or be considered as an admission of the due performance of Contract Agreement, or any part thereof, in the respect, or of the accruing of any claim by Contractor, nor shall it conclude, determine or affect in any way the powers of the Owner under these conditions or any of them as to the final settlement and adjustments of the accounts or otherwise, or in any other way vary or affect Contract Agreement.

9.7. PAYMENT OF FINAL BILL 9.7.1. The Contractor shall submit the final bill within one (1) month of the date of physical

completion of the Work. In case the Contractor fails to submit the final bill within the time specified above, the Consultants may issue a statement showing the measurement and the amount payable, which shall be binding on all the parties concerned.

9.7.2. The amount payable on the final bill shall be the value of the final bill less all payments made on

the running account bills, the value of the retention money recovered on the running account bills and any amount payable to the Owner by the Contractor.

9.7.3. The Contractor shall present the final bill, along with a 'No Claim Certificate’ in a format

acceptable to the Owner together with such other documents as directed by the Owner, within one (1) month from the date of physical completion of the Work.

9.7.4. The final bill will be processed and certified by the Consultants only subject to the Contractor

performing and fulfilling all its obligations including the requirements set forth in Clause 8.1.14 above.

9.7.5. In case, any amount over and above, the amount(s) covered under the Performance Guarantee

is deductible at the sole discretion of the Owner, the Owner shall deduct such amounts, as assessed, from the payment against the final bill.

9.7.6 The Owner shall process the final bill presented by the Contractor for payment, only after

receipt of Completion Certificate, from the Consultants. 9.8. RECEIPT FOR PAYMENT

Receipt for payment made on account of Work when executed by a firm must be signed by a person holding due power of attorney in this respect on behalf of Contractor, except when described in Tender as a Limited Company in which case the receipt must be signed in the name of the Company by one of its principal officers or by some other person having authority to give effectual receipt for the Company.

9.9 ESCALATION:

No escalation in accepted rates due to increase in prices of materials, labour, transport, fuel, taxes, duties or levies or any other cause - direct or indirect, is acceptable and rates specified hereunder (Section 05) shall remain firm till the completion of the Contract Agreement.

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10. TAXES AND INSURANCE 10.1 TAXES, DUTIES, OCTROI ETC.

All present and future Taxes including customs, excise, additional duties/tax, Entry Tax, LAD Tax, Octroi, Cess, imposition of any nature whatsoever, except Service Tax as applicable from time to time shall be exclusively borne by the Contractor and are deemed to be included in the Contract Price. Tax deducted at source for Income tax and any other levies/taxes, deductible at source shall be deducted as per rules and regulations in force in accordance with acts prevailing from time to time at the prevailing rates by the Owner from the bills raised by the Contractor.

10.2 COMPREHENSIVE INSURANCE 10.2.1. The Contractor shall, at his own expense, insure and keep in full force till Consultants certify

completion of the Work, an ‘All Risks Policy’ of Insurance including earthquake risk and any liability under the Public Liability Insurance Act, 1991 as well as take insurance policy under the Workmen’s Compensation Act, Employer’s Liability Insurance for the full Contract Price with an insurance company approved by the Owner, in the joint names of the Owner and the Contractor, designating the Owner in the Insurance Policy as “Loss Payee” and deposit such Cover Note, Insurance Policy and cover note/ insurance policies issued, in renewal thereof.

10.2.2. The Contractor shall reinstate all damage of every sort mentioned in this clause so as to deliver

up the whole of the Work complete and perfect in every respect and so as to make good or otherwise satisfy all claims for damage to property of third parties.

10.2.3. The Contractor shall, upon settlement by the Insurer of any claim made against the insurer

pursuant to a policy taken under this clause, proceed with due diligence to rebuild or repair the works destroyed or damaged. In this event all the money /amount is received from the Insurer in respect of such damage shall be paid to the Contractor and the Contractor shall not be entitled to any further payment in respect of the expenditure incurred for rebuilding or repairing of the materials or goods destroyed or damaged.

10.2.4. The Contractor, in case of re-building or reinstatement after fire, shall be entitled to such

extension of time for completion as the Owner may deem fit, but shall, however, not be entitled to reimbursement by the Owner of any shortfall or deficiency in the amount finally paid by the insurer in settlement of any claim arising as set out herein. Any extension of time so granted shall be subject to no additional costs for the extended period.

10.3 Other Insurance: 10.3.1 Commercial General Liability insurance, including contractual liability coverage with respect to

any indemnifications set forth in this Agreement, in form providing coverage not less than that of the standard comprehensive general liability insurance policy and insuring the Contractor with bodily injury (including death) limits of Rs. 1,00,000.00 per occurrence and property damage limits of Rs.1,00,000.00 (Rupees one lakh only) per occurrence;

10.3.2 All vehicles owned by the Contractor shall valid and subsisting insurance cover including third

party damage and in addition, if the Contractor is using hired vehicles, he shall ensure that such vehicles have insurance cover in accordance with Standard Comprehensive Automobile Liability insurance policy.

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10.4 EVIDENCE OF INSURANCE

Within a period of seven (7) days from the execution of the Contract Agreement and in any case prior to commencement of Work under the Contract Agreement, the Contractor shall provide copies of the Insurance Cover Note for the policies indicated in Clause 10.2 and 10.3 above, to the Owner. The validity period of the insurance coverage for insurance policies dealt with under Clause 10.2 and 10.3 shall be till expiry of the Defect Liability Period. The Contract of Insurance shall indicate the Contractor as the Insured and the Owner as the additionally named insured/beneficiary (except in case of 10.3.5 above). Upon obtaining such insurance coverage, the Contractor shall provide a copy of the Cover Note and on receipt of the Contract of Insurance, a copy thereof, shall also be provided to the Owner.

10.5 Waiver of recovery: The Contractor waives all rights of recovery against the Owner, subcontractors and/or

consultants which the Contractor may have or acquire because of deductible clauses in or inadequacy of limits of any policies of insurance that are in any way related to the Work and that are secured and maintained by the Contractor. The Contractor shall require all subcontractors and consultants to waive the rights of recovery (as aforesaid waiver by the Contractor) against

the Owner, and other subcontractors or consultants.

11. LABOUR LAWS COMPLIANCE

11.1.1. The Contractor shall comply with and observe all applicable laws, such as labour and employment laws including Contract Labour (Regulation & Abolition) Act 1970 and the Rules therein, Minimum Wages Act 1948, Employer’s State Insurance Act 1948 & the Rules, Employer’s Provident Fund & Misc. Provisions Act 1952 and Employees Provident Fund Rules, Workmen’s Compensation Act, 1923 in relation to execution of the Work and shall be solely responsible for all injury or damage to persons, animals or things, and for all damage to property, which may arise from any factor on the part of the Contractor or any of the persons employed by them. No person under the age of 18 shall be employed by the Contractor. The Contractor shall at its expense comply with all labour laws, as applicable or as may be made applicable, in respect of performance of its obligations under the Contract Agreement and shall keep the Owner indemnified in all respect thereof, from and against any action taken by statutory authorities or affected person(s) or third parties, against the Owner for non-compliance of the laws. The Contractor shall register himself and obtain necessary permissions from the local Labour Commissioner’s office before commencement of the Work.

11.1.2. The Contractor shall indemnify and keep indemnified the Owner and hold it harmless in respect of all and any loss and expenses arising from any such injury or damage to persons or property as aforesaid and also against any claim made in respect of injury or damage, whether under any statutes or otherwise and also in respect of any award or compensation or damage consequent upon such claim.

12. COMPLIANCE WITH ENVIRONMENTAL LAWS

12.1 The Contractor shall take all precautions for safeguarding the environment during the course of the construction of the Work. Contractor shall abide by all laws, rules and regulations in force

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governing construction, pollution and environmental protection, that are applicable in the area where the site is situated.

12.2. The Contractor shall at its expense comply with all applicable environmental

laws/rules/guidelines and any other instructions issued by the authority having jurisdiction over the Site and the Work and shall continue to comply with all such requirements, as may be specified from time to time.

13. PERFORMANCE GUARANTEE 13.1. The Contractor shall, within ten days of issue of the Provisional Letter of Award, submit to the

Owner a Performance Guarantee from a reputed Bank and in the form appended to the Tender Documents and acceptable to the Owner, for a sum equivalent to Rs. Ten Lacs. The Performance Guarantee shall be for a minimum duration of the time specified for execution of the Work and for a further period of three months thereafter.

13.2. If it shall appear to the Engineer in Charge and or the Consultants that any Work has been

executed with unsound, imperfect or unskilled workmanship, or with materials of any inferior description, or that any materials or articles provided by the Contractor for the execution of Work are unsound, or of a quality inferior to that contracted for, or otherwise not in accordance with Contract Agreement, the Contractor shall on demand in writing from the Engineer in Charge and or the Consultants or his authorized representative specifying the Work, materials or articles complained of, notwithstanding that the same may have been inadvertently passed, certified and paid for, forthwith rectify or remove and reconstruct the Work, so specified and provide other proper and suitable materials or articles at its own charge and cost, and in the event of failure to do so within the period to be specified by the Engineer in Charge in his demand aforesaid, the Engineer in Charge may on expiry of notice period rectify or remove and re-execute the Work or remove and replace with others, the materials or articles complained of as the case may be at the risk and expense in all respects of the Contractor. The decision of the Engineer in Charge as to any question arising under this clause shall be final and conclusive.

13.3. In the event the Contractor fails to perform or fulfill any of its obligations, the Owner may

without prejudice to its other rights and remedies, invoke the Performance Guarantee and forfeit the amount realized by invoking the Performance Bank Guarantee.

14. ACTION WHEN WHOLE OF PERFORMANCE GUARANTEE IS FORFEITED

In any case in which, under any clause or clauses of this Contract Agreement, the Owner shall have the right to invoke the Performance Guarantee and forfeit whole or any part of the amount realized by invoking the Performance Guarantee or the Contractor shall have committed a breach of any of the terms contained in the Contract Agreement, the Owner shall have power to adopt any of the following courses as the Owner may deem best suited to its interest.

To rescind the Contract Agreement (of which rescission notice in writing to the Contractor under the hand of the Owner shall be conclusive evidence) in which case the Performance Guarantee provided by the Contractor may be invoked and the amount realized may be forfeited to the Owner.

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To measure up the Work of the Contractor and to take such part thereof as shall be unexecuted out of its hand to give it to another Contractor to complete in which case any expenses which may be incurred in excess of the sum which would have been paid to Contractor, if the Work had been executed by him (the certificate in writing of the Engineer in Charge of the excess amount shall be final and conclusive) shall be borne and paid by the Contractor and may be deducted from any money due to him by the Owner under the Contract Agreement or otherwise or from its Security Deposit or from the proceeds of sale thereof, of a sufficient part thereof.

In the event of any of the above course being adopted by the Owner, the Contractor shall have no claim to compensation for any loss sustained by him by reason of its having purchased or procured any materials or entered into any agreements or made any advances on account of or with a view to the execution of the Work of the performance of the Contract Agreement. In case the Contract Agreement shall be rescinded under the provision aforesaid the Contractor shall not be entitled to recover or be paid any sum for any Work actually performed under this Contract Agreement unless the Engineer in Charge will certify in writing the performance of such work, and the value payable in respect thereof and he shall only be entitled to be paid the value so certified, after recoveries and deductions if any to be made by the Owner as per Contract Agreement.

15. LIABILITY TO PAY COMPENSATION, IF ACTION NOT TAKEN AS ABOVE

In any case in which any of the powers conferred upon the Owner as above hereof shall have become exercisable and the same had not been exercised, the non- exercise thereof shall not constitute a waiver of any of the rights available to the Owner and shall not exercise of such rights by the Owner at a subsequent or later point in time and the liability of the Contractor for past and future compensation shall remain unaffected. In the event of the Owner exercising its rights, the Owner may, at its option and without prejudice to other rights and remedies available to the Owner, take possession of all or any tools and plants, materials and stores in or upon the Work or the Site belonging to the Contractor or procured by the Contractor and intended to be used for the execution of the Work or any part thereof paying or allowing for the same in account at the contract rates or in the case of these not being applicable at current market rates to be certified by the Engineer in Charge, whose certificate thereof shall be final. Otherwise, the Engineer in Charge may give notice in writing to the Contractor or its foreman or other authorized agent, requiring him to remove such tools, plant, materials or stores from the premises (within a time to be specified in such notice), and in the event of the Contractor failing to comply with any such requisition, the Engineer in Charge may remove them at the Contractor’s expense or sell them by auction or private sale on account of the Contractor and at its risk in all respects without any further notice as to the date, time or place of sale and the certificate of the Engineer in Charge as to the expense of any such removal and the amount of the proceeds and expense of any such sale shall be final and conclusive against the Contractor.

16. LIQUIDATED DAMAGES FOR DELAY

If Contractor fails to complete the Work within the agreed time schedule as given in the Bar Chart or such extended time schedule as intimated by the Owner in writing, as the case may be, the Contractor shall be liable to pay liquidated damages to the Owner at the rate of 0.2% of the

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Contract Price, per day of delay, subject to a maximum of 5% (Five percent) of the Contract Price. The obligation to pay liquidated damages shall not affect the Owners right to seek and enforce indemnity obligations against the Contractor, nor shall the liquidated damages specified in this clause 16, operate as a cap on the Contractor’s liability under the indemnity obligations specified in Clause 23 below.

17. POSSESSION PRIOR TO COMPLETION

The Owner shall have the right to take possession of or use any completed or partially completed items of Work or part of Work. Such possession or use shall not be deemed to be an acceptance of any Work completed in accordance with the Contract Agreement. If such possession or use by the Owner, delays the progress of Work, equitable adjustment in the time of completion will be made, at the sole discretion of the Owner and the Contractor shall be notified accordingly.

18. COMPLETION CERTIFICATE

18.1 When Contractor fulfills its obligations under the Contract Agreement in executing the Work

including without limitation its obligations set forth in Clause 8.1.14 and 8.1.15 above, the Contractor shall be eligible to apply for the Completion Certificate. In case the Owner requires completion and handing over of the Work in parts, the Contractor may apply for separate Completion Certificate in respect of each such portion of Work, by submitting the completion documents along with such application for the Completion Certificate, to the Consultants.

The Consultants shall verify the documents submitted by the Contractor and after satisfying themselves that the Work has been completed in accordance with the Contract Documents, issue the Completion Certificate to the Owner.

18.2 The Owner shall process the final bill presented by the Contractor for payment only after

receipt of Completion Certificate, from the Consultants. 18.3 It is expressly understood that the Contractor shall apply for Completion Certificate only after

measurements are verified by the Consultants and only after the Contractor has removed all scaffolding, surplus materials, rubbish, temporary works, labour and staff colonies etc. constructed/erected, from the Site completely, to the complete satisfaction of Engineer in Charge. The measurements of the Consultants shall be binding and conclusive.

18.4 If the Contractor fails to comply with the requirement of the preceding clause on or before the

date fixed for the completion of Work, the Consultants/ Engineer in Charge may at the expense of the Contractor remove such scaffolding, surplus materials and rubbish, temporary works and dispose off, the same as they may think fit and also clear off, the labour and staff colonies etc. erected at Site as aforesaid, and deduct such amounts, as may be considered appropriate, from the final bill. The Contractor shall have no claim in respect of any such scaffolding or surplus materials as aforesaid except for any sum that may have been actually realized by the sale thereof.

18.5 For the purpose of applying for Completion Certificate, the following documents will be

deemed to form the Completion Documents: i) Test Certificates of the materials supplied ii) Results of any tests conducted

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iii) Certificate of final completion as set out, for various works, if applicable. 19. PERIOD OF DEFECTS LIABILITY / PERFORMANCE

19.1 The Contractor shall guarantee the construction of the Work for a period of Twelve (12) months from the date of completion of work against all damages and defects including any defect in quality and standards of construction, workmanship and quality of materials used in the construction. Any damage or defect that may arise or lie undiscovered at the completion of the Work, connected in any way with the equipment or materials supplied by the Contractor or in the workmanship shall be rectified or replaced by the Contractor at its own expense as deemed necessary by the Consultants or the Owner and in default, the Consultants may cause the same to be made good by other workmen and deduct all costs and expenses (of which the certificate of Consultants shall be final) from any sums that may be then or at any time thereafter, become due to the Contractor or from the Retention Amount or any other sum due or payable to the Contractor.

19.2 In case the Consultants or the Owner notifies any defect in any item of the Work or any portion of the Work, during the validity of the Defect Liability Period, the Contractor shall forthwith attend to and take such remedial steps to cure the defect, to the satisfaction of the Consultants / the Owner. The Defect Liability Period for such item of work, or portion of work shall commence afresh and the period of Defect Liability Period for such item of work shall be remaining period of defect liability period from the date of curing the defect in such item of work.

19.3 If Contractor feels that any variation in work or in quality of materials or proportions would be beneficial or necessary to fulfill guarantee called for, he shall bring this to the notice of the Engineer in Charge in writing.

19.4 From the commencement of execution of the Work until completion thereof, the Contractor shall take and assume full responsibility for the Work including all temporary works and in case any damages, loss or injury shall happen to the Work or to any part thereof or to any temporary works from any cause whatsoever, shall at its own cost repair and make good the same so that at completion Work shall be in good order and in conformity, in every respects, with the requirements of Contract Agreement and the Engineer in Charge's instructions.

19.5. If at any time, before taking over possession of the Work, whether completed or not, the

Consultants reasonably (a) forms an opinion that any part of the Work done or materials used by the Contractor is defective or is not in accordance with Specifications, or that the Work or any portion thereof is defective, or do not conform to the quality standards and workmanship applicable (hereinafter collectively the “Defects”) and (b) as soon as reasonably practicable thereafter gives to Contractor notice in writing of such Defects, specifying particulars of such Defects, then Contractor shall at its own expense and with all speed make good the defects so specified.

19.6. In case the Contractor shall fail to do so, the Owner may take, at the cost of Contractor, such

steps as may in all circumstances, be reasonable to make good such defects. The expenditure so incurred by Owner will be recovered from the amount due to Contractor. The decision of the Consultants with regard to the amount to be recovered from Contractor will be final and binding on Contractor.

19.7. In order that Contractor could obtain a Completion Certificate, the Contractor shall make

good, with all possible speed any defect arising from the defective materials supplied by

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Contractor or workmanship or any act or omission of Contract Agreement that may have been noticed or developed, after the Work or group of Work has been taken over, the period allowed for carrying out such Work will be normally one (1) month. If any defect be not remedied within a reasonable time, the Owner may proceed to do Work at Contractor's risk and expense and deduct from the Final Bill such amounts as may be decided by the Consultants. If by reason of any default on the part of Contractor a Completion Certificate has not been issued in respect of every portion of Work within one (1) month after the date fixed by Contractor for the completion of Work, the Owner shall be at liberty to use Work or any portion thereof, which has been completed. The Contractor shall be afforded reasonable opportunity for completing the Work for the issue of Completion Certificate.

20. FINAL DECISION AND FINAL CERTIFICATE

Upon expiry of the Defect Liability Period and subject to the Consultants being satisfied that the Work has been duly maintained by the Contractor, during such period as hereinbefore provided and the Contractor has performed and fulfilled all its obligations, under Contract Agreement, the Consultants shall issue the Final Certificate to the Contractor. The Final Certificate shall evidence due performance and fulfillment by the Contractor of its obligations under the Contract Agreement. Until the Final Certificate is issued, the Contractor shall not be considered to have performed and fulfilled its obligation s under the Contract Agreement.

21 INTELLECTUAL PROPERTY RIGHTS AND ROYALTIES

The Contractor, if licensed under any patent covering equipment, machinery, materials or compositions of matter to be used or supplied or methods and process to be practiced or employed in the performance of this Contract Agreement, agrees to pay all royalties and licence fees, which may be due with respect thereto. If any equipment, machinery, materials, composition matters, to be used or supplied or methods and processes to be practiced or employed in the performance of this Contract Agreement, is covered by a patent under which the Contractor is not licensed then the Contractor before supplying or using the Equipment, Machinery, Materials, compositions method or processes shall obtain such licences, and pay such royalties and license fees as may be necessary for performance of the Contract Agreement. In case of any violation/infringement of any of the rights of third parties in relation to its intellectual property rights and royalties thereto, the Contractor, indemnifies the Owner in relation to any claim whatsoever, in this regard.

22. NON DISCLOSURE AND CONFIDENTIALITY

22.1 The Contractor agrees not to disclose to third parties, without the written consent of the Owner any information which relates to the technical, commercial or business activities or the business of Owner or their affiliates (the “Confidential Information”) obtained from or through Owner or Owner employees, agents, consultants or other representatives in connection with the performance of this Agreement.

22.2 Contractor further agrees that it will not, without the express prior written consent of Owner, disclose to any third party any information developed or obtained by Contractor in the performance of Work.

22.3 The Contractor shall ensure that all his employees, agents, representatives and others working at site or in relation to the performance of the Work, at all times maintain confidentiality in respect of the nature of the Work, specifications, drawings and all other information relating to the Work.

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22.4 The obligations of Contractor under this Clause shall survive termination of this Agreement. 23. CONTRACTOR TO INDEMNIFY THE OWNER 23.1 The Contractor shall duly observe and comply with in all respects all laws and regulations

applicable to performance and fulfillment by the Contractor of its obligations under the Contract Agreement or in relation to execution of the Work by the Contractor or in relation to employment of labour for execution of the Work.

23.2 The Contractor shall indemnify and keep indemnified the Owner and its directors, officers,

employees, shareholders, agents and consultants from and against all actions, proceedings, claims, demands, costs and expenses whatsoever arising out of or in connection with the Work and all actions, proceedings, claims, demands, costs and expenses which may be made against the Owner for or in respect of or arising out of any failure by Contractor in the performance or fulfillment of its obligations, covenants, representations or warranties under the Contract Documents. The Owner shall not be liable for or in respect of any demand or compensation payable by law in respect of or in consequence of any accident, death or injury to any workman or other person in the employment of Contractor or his sub-Contractors and the Contractor shall indemnify and keep indemnified the Owner against all such damages and compensations and against all claims, damages, proceedings, costs, charges and expenses whatsoever in respect thereof or in relation thereto.

23.3 The Contractor shall indemnify and keep indemnified the Owner and its directors, officers,

employees, shareholders, agents and consultants from and against all actions, proceedings, claims, demands, costs and expenses whatsoever made by any third party, including without limitation by any suppliers, vendors, Contractors or sub-Contractors or labour employed or engaged by the Contractor in or in relation to the execution of the Work.

23.4 The liability under this shall cover inter alia, any damage to structures, whether immediately

adjacent to the works or otherwise, any damage to roads, streets, footpaths, bridges as well as damage caused to the buildings and other structures and works forming the subject matter of this contract. The Contractor shall also be responsible for any damage caused to the buildings and other structures and works forming the subject matter of this contract due to rain, wind, frost or other inclement of weather.

23.5 The Contractor shall be responsible for making good to the satisfaction of the Owner any loss

of article any damage to all structures and properties belonging to the Owner or being executed or procured or being procured by the Owner of other Agencies within the premises of all Work of the Owner if such loss or damage is due to fault and / or the negligence or willful acts of omission of Contractor, its employee's agents, representatives or sub Contractors.

24. ASSIGNMENT

The Contractor shall execute the entire Work by itself. The Contractor shall not assign or transfer, directly or indirectly, the Contract Agreement or the whole or any part of the Work. However, the Owner shall have the right to assign in favour of any party, with prior intimation to the Contractor.

25. LIENS

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25.1 If, any time, there should be evidence of any lien or claim for which the Owner might have become liable and which is chargeable to the Contractor, the Owner shall have the right to retain out of any payment then due or thereafter to become due an amount sufficient to completely indemnify the Owner against lien or claim and if such lien or claim be valid the Owner may pay and discharge the same and deduct the amount so paid from any money which may be or may become due and payable to the Contractor. If any lien or claim remain unsettled after all payments are made, the Contractor shall refund or pay to the Owner all moneys that the latter may be compelled to pay discharging such lien or claim including all costs and reasonable expenses.

25.2 The Owner shall have general lien over all tools, equipment, machinery and materials etc. belonging to the Contractor for any amount due from the Contractor to the Owner on any account.

26. FORCE MAJEURE

Any delays in or failure of the performance of obligations by either party hereto shall not constitute default hereunder or give rise to any claims for damages, if any, to the extent such delays or failure of performance is caused by occurrences of acts of any alien enemy, expropriation or confiscation of facilities by government authorities, any war, rebellion or sabotage or earthquake, fires, floods, explosions, riots or illegal strikes (the “Force Majeure”), provided the affected party gives prompt notice thereof to the other party in writing and takes all possible action to minimize the interruption of Work because of such Force Majeure event and resumes work promptly upon cessation of such Force Majeure event. If the Force Majeure persists for two months, then either party may proceed to terminate the Contract Agreement.

27. RIGHT OF OWNER TO DETERMINE / TERMINATE CONTRACT

27.1 The Owner shall, at any time, be entitled to determine and terminate the Contract Agreement, if in the opinion of the Owner the cessation of the Work becomes necessary owing to any cause whatsoever, in which case the cost of approved materials at the Site at specified rates as verified and approved by Engineer in Charge and of the Work done to date by the Contractor shall be paid for in full at the rate specified in the Contract Agreement. A communication in writing from the Owner to the Contractor of such determination and termination shall be the conclusive proof of the fact that the Contract Agreement has been so determined and terminated by the Owner.

27.2 Should the Contract Agreement be determined under the above clause and the Contractor claims payment to compensate expenditure incurred by him in the expectation of completing the Work, the Owner shall consider and admit such claim as is deemed fair and reasonable and supported by the vouchers to the satisfaction of the Consultants . The Owner’s decision on the necessity and Propriety of such expenditure shall be final and conclusive and binding on the Contractor.

27.3 If an order of winding up is passed by the Court of appropriate jurisdiction or if any Official Liquidator or Provisional Liquidator is appointed by the Court/ Tribunal of appropriate jurisdiction and/ a reference is filed under the Sick Industrial Companies (Special Provisions) Act, 1985 as amended or any enactment made in replacement thereof is filed or any Order of attachment is passed under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as amended or any enactment made in replacement thereof is passed against the Contractor, the Owner can forthwith terminate the Contract Agreement, without assigning any reason

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27.4 In the following cases, the Owner can terminate the Contract Agreement by giving seven (7) days notice:

a) where the Contractor has abandoned the contract, or b) Contractor has failed to commence the works, or has without any lawful excuse under these

conditions suspended the progress of works for seven (7) days after receiving from the Consultants/ Owner written notice to proceed/continue, or

c) Contractor has failed to proceed with the works with such due diligence and fail to make due progress as would enable the works to be completed within the time agreed upon,

d) Contractor has failed to remove materials from the site or to pull down and replace work for seven days after receiving from the Consultants written notice that the said materials or works were condemned and rejected by the Consultants under these conditions, or

e) Contractor has neglected or failed persistently to observe and perform all or any of the acts, matters or things by this contract to be observed and performed by the Contractor for seven days after written notice shall have been given to the Contractor requiring the Contractor to observe or perform the same, or

Contractor has sublet any part of the contract.

28. RESOLUTION OF DIFFERENCES BY MEDIATION:

28.1 All differences of any kind whatsoever arising out of or in connection with the Contract Agreement, whether during the progress of the Work or after their completion shall be referred by the Contractor to the Consultants and the Consultants shall within a reasonable time after their presentation make and notify decisions thereon. The decision of the Consultants shall be final and binding on the parties.

28.2 The decisions, directions, clarifications, measurements, drawings and certificates with respect to any matter the decision for which is specifically provided for by these or other special conditions to be given and made by the Consultants are matters which are referred to hereinafter as excepted matters and shall be final and binding upon the Contractor and shall not be set aside on account of non-observance of any formality, any omission, delay or error in proceeding in or about the same or on any other ground or for any reason and shall be final. The Parties hereto agree that they shall use all reasonable efforts to resolve between themselves any disputes, differences, controversy, or claims arising out of or in relation to this Agreement.

28.3 Unless the Owner otherwise instructs in writing, the Contractor shall continue to perform its obligations under this Agreement during the pendency of any proceedings instituted hereunder (or any law suit arising out of this Agreement) as if the said proceedings or law suit had not been instituted

28A. ARBITRATION:

28A.1 If any dispute, difference, controversy or claim between the Parties in connection with this Agreement including without limitation, on the existence, validity, interpretation, implementation or alleged breach of the terms of the Agreement or anything done or omitted to be done pursuant to this Agreement (“the Dispute”) cannot be resolved per Clause 28

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above, within seven (7) days after commencement, then the Dispute may be submitted by either Party for resolution by final and binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 by a Sole Arbitrator, to be nominated by the Owner in consultation with Contractor, subject to the stipulation that the Sole Arbitrator shall not be connected with the Owner in any manner whatsoever, either in the past or present.

28A.2 The language for arbitration shall be in English, and the place of arbitration shall be in New

Delhi. 29. SET OFF

Any sum of money due and payable to the Contractor (including Retention Amount) under this Contract may be appropriated by the Owner and set off the same against any claim of the Owner arising out of the Contract Agreement.

30. JURISDICTION

All disputes and differences arising out of, in connection or relating to the Contract Agreement shall be subject to the exclusive jurisdiction of Courts in New Delhi.

31. INSTRUCTIONS AND NOTICES 31.1 Subject to otherwise provided in this Contract Agreement, all notices to be given and all other

actions to be taken on behalf of the Owner might be given to the Engineer in Charge with a copy to the Owner addressed as follows:

The Principal, ARSD College, Dhaula Kuan, New Delhi – 110 021 Mail id: [email protected] Tel: +91 11 2411 3436

31.2 All instructions, notices and communications etc. under the Contract Agreement shall be

given in writing and if sent by registered post to the following address or the last known place of abode or business of the Contractor, as the case may be, shall be deemed to have been served on the date when in the ordinary course of post these would have been delivered to him:

Name and Full Address of Contractor: Tel No.: Fax No.: 31.3 The Contractor or its representative shall be in attendance at the Site(s) during all working

hours and shall superintend the execution of the work with such additional assistance in each trade as the Consultants, Engineer in Charge may consider necessary. Orders given to the Contractor's representative shall be considered to have the same force as if they had been given to the Contractor himself.

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SECTION – 3: CONTRACT AGREEMENT

CONTRACT AGREEMENT This CONTRACT AGREEMENT (the “Agreement”) made this ______ day of _____________ Two Thousand and Fifteen, at New Delhi, by and between ARSD College, Dhaula Kuan, New Delhi

(“Owner”), an existing college under the University of Delhi, hereinafter referred to as the “Owner” (which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its successors and permitted assigns), represented by its Principal, of the One Part;

And ______________________________________________ ("Contractor"), a company incorporated, existing and functioning under the ___________ and having its registered office at _______________________(which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its successors and permitted assigns), represented by its __________[title], Mr. _____________[name], who has been duly authorized by a Resolution passed by the Board of Directors of the Contractor in its meeting held on _________, of the Other Part. WHEREAS the Owner is desirous of Design, Supply, Fabrication and Erection of GRP Laminate interior sheet and Panel claddings; exterior claddings with cement boards and Accessories in the Proposed Second Floor of ARSD College, Dhaula Kuan, New Delhi, India. Hereinafter referred as “The work” and has caused Drawings, Specifications and probable Bill of Quantities showing and describing the work to be done, to be prepared by Shri R.Narendrakumar, B.E.(Hons), M.E.(St), having his office “IDEAL STRUCTURES” at 11, Avvaiyar Street, Singarayar Colony, Madurai 625 002, hereinafter referred as “The Consultant”. Consultants of the Owner, has issued Invitation to Bid along with Bid Documents for “Design, Supply, Fabrication and Erection of GRP Laminate Interior sheet and Panel claddings; exterior claddings with cement board and Accessories in the Proposed Second Floor at ARSD College, Dhaula Kuan, New Delhi” (“Work”) and in response to such invitation, the Contractor has submitted its Bid Proposal; WHEREAS on evaluation of the Bid Proposals received, the Owner has accepted the Bid Proposal submitted by the Contractor and has issued the Letter of Award vide letter No. ______ dated ________ to the Contractor, subject to simultaneous execution of this Contract Agreement: WHEREAS as stipulated in the Letter of Award, the Contractor has provided a Performance Bank Guarantee for the due performance and fulfillment by the Contractor of its obligations; together with the bank guarantee towards the mobilization advance to be paid by the Owner and WHEREAS the Contractor represents that it has examined the Bid Documents including the Annexure /Schedules forming part thereof and has obtained its own information in all matters whatsoever that might affect the carrying out the Work at the Scheduled Rates and has satisfied itself to the sufficiency of the consideration to be paid by the Owner, for execution of the Work

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NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. In consideration of the payments to be made by the Owner to the Contractor for the Work to be

executed by the Contractor, the Contractor hereby covenants with the Owner that the Contractor shall and will duly provide, execute, complete and maintain the said Work and shall duly perform, fulfill and observe all its obligations under this Agreement or which are to be implied there from or as may be reasonably necessary for the completion of the said Works in the manner and subject to the terms and conditions or stipulations mentioned herein and the Annexures/ Schedules.

2. The Owner does hereby agree with the Contractor that the Owner will pay to the Contractor, in

the manner set forth in the Bid Documents, the respective amounts for the Work actually done by the Contractor and such other sum payable to the Contractor specifically provided for in the Bid Documents, such payment to be made at such time in such manner, as specified in the Bid Documents, attached hereto as Schedule and forming part of this Agreement.

3. It is specifically and clearly understood and agreed between the Owner and the Contractor, that

the Contractor shall have no right, title or interest to the Site made available by the Owner for execution of the Works or in the Work to be executed thereat or in the materials, articles or equipment brought to the Site or used in execution of the Work (unless the same specifically belongs to the Contractor) and the Contractor shall not have or deemed to have any lien whatsoever for unpaid bills. The Contractor will not be entitled to assume or retain possession or control of the Site or structures and the Owner shall have absolute and unfettered right to take full possession of Site and to remove or evict the Contractor, its servants and agents and materials belonging to the Contractor and lying on the Site, at any time during the subsistence of this Agreement or thereafter.

4. The Owner through the Consultants reserves the right of altering the drawings, specifications, quantities, nature of the work or part thereof and the same shall be performed by the Contractor, subject to the terms and conditions specified in the General Conditions of Contract and other Annexures/ Schedules to this Agreement. Further, the Owner has the right to carry out any part of the awarded Work itself or through any other Contractor, or otherwise and the Contractor shall not object, resist or in way hinder such performance.

5. The following documents shall form part of the Contract Agreement and shall be incorporated

herein by reference and read as part of this Agreement, namely:

a) Instructions to the Bidders – Section 01;

b) General Conditions of Contract – Section 02;

c) Specifications of the Work- Section 04;

d) Bill of Quantities and Rate Schedule – Section 05;

e) List of approved makes– Section 06;

f) Bank Guarantee for Performance – Section 07;

g) Bank Guarantee towards Mobilization Advance – Section 08; and

h) Bid Proposal Submission Form – Section09;

Both Parties have read and understood the terms and conditions of this Agreement and on these terms agree to accept and be bound by all terms on the signing of the Agreement by their respective authorized signatories.

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IN WITNESS WHEREOF, the parties hereto have set their respective hands on the day and the year herein above written Signed and delivered by the within named For ARSD College, Principal in the presence of:

_________________________ Signed and delivered by the within named For _____________________________ [Name of the Contractor] in the presence of:

_______________________ Name: Title:

Witnesses:

1.0 2.0

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4 . G E NE RA L TE CH N I CA L SP E CIF IC AT IO N S

4.1 General 4.1.1 Applicability: a) These Specifications shall be read in conjunction with other documents forming the Contract,

viz: Tender Notice, General Conditions of Contract including Form of Tender, Invitation to Tender and Articles of Agreement for Construction Work, Special Conditions of Contract, Bill of Quantities (BOQ) and Drawings.

b) All the conditions specified in the above documents shall apply unless otherwise specifically

indicated herein to the contrary, in regard to all aspects of the work, coverage of costs, enabling and attendant works and actions required of the Contractor.

c) The specifications for various types of work are included herein, segregated into chapters.

Such chapterisation does not preclude application of the specifications to similar works covered / not covered in any chapter as above.

4.1.2 Quality:

a) The methodologies and systems to be followed for quality assurance and the quality control aspects are elaborated in the General Conditions of Contract and Special Conditions of Contract. The technical requirements, for various types of work, are indicated in these Specifications.

b) The requirements in regard to materials, procedures and workmanship and their sampling and testing as specified herein shall be strictly adhered to, failing which a Defect, in terms of the Contract, shall be deemed to have occurred.

c) All work shall be in conformity with the requirements of codes, guidelines and specifications of applicable standards such as those of Bureau of Indian Standards, Indian Roads Congress, etc., whether or not indicated as such in these Specifications.

d) In the absence of applicable standards as above, the work shall be in line with the requirements of British, American or German standards and / or generally accepted practices, as may be directed by the Engineer. Where any material/system of construction is not covered herein, the guidelines of the manufacturer / system-provider of such material/system in respect of storage, application, use, procedures, testing, etc. shall be strictly adhered to. In both the aforesaid cases, it is the responsibility of the Contractor to submit the details thereof in time and obtain approval of the Engineer.

e) Materials and manufactured items are to be carefully selected, to meet the requirements of these specifications, the applicable Standards, the drawings and instructions of the Engineer. Makes and brands of certain manufactured materials and items that are to be chosen in preference to others are listed in these specifications. The tendered rates are deemed to correspond to the costliest of these and any material or item outside the above list shall not be used, unless sanctioned by the Engineer in writing. Such substitution shall attract a rebate in the rate against the BOQ Item pertaining to the particular material or item, worked out in detail by the Contractor, with all supporting data and documents, and to be approved by the Engineer.

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4.1.3 Time factor: a) No stipulation herein shall become diluted in the context of time or the effect of prevailing

conditions on the time available. 4.1.4 Costs:

a) The tenderer is deemed to have visited the site and ascertained the local conditions, entry, traffic restrictions, obstructions, if any, climatic conditions and' also the site conditions, statutory requirements and any other aspect that may have a bearing on the work, its progress, completion and maintenance.

b) The tenderer is also deemed to have studied the Specifications, BOQ, Tender Drawings, other drawings and soil investigation reports that may be available with the Engineer for perusal of tenderers, all before preparation and submission of his tender.

c) The tenderer is deemed to have taken into account all the above in his tender, fully covering all the costs and expenditures in respect of any and all extras likely to be incurred due to all the above, including quality and time aspects, contingencies, etc. as well as the General and Special Conditions of Contract and other documents forming the Contract.

4.1.5 Measurements and coverage of costs in rate:

4.1.5.1 Unless otherwise indicated in the BOQ, the rates for the various Items of work are deemed to include the cost of all materials,. consumables, wastages, watering / curing, transportation, labour, supervision, tools, tackles, plant, machinery, sampling, samples, testing, documentation, obtaining and transferring guarantees and warranties from manufacturers / specialist agencies, preparing and furnishing as-built drawings and clearing waste and debris out of the site.

4.1.5.2 The rates in the BOQ are also deemed to include all costs towards licences, patents, royalties,

cess, seignorages, taxes, insurance, safety practices, watch and ward, security, medical aid, temporary works, utilities and services, adherence to all applicable local and government rules and regulations, cost of money, capital and funds and bidding for and operating under the Contract. .

4.1.5.3 Measurements shall be as per IS: 1200, Method of Measurement of Building and Civil

Engineering Works, unless otherwise indicated in the BOQ Items. 4.1.6 Safety: 4.1.6.1 The Contractor shall take adequate precautions to ensure complete safety and prevention of

accidents at site. The safety precautions shall conform to the following Indian Standard Codes, wherever applicable:

IS:3696 Safety code for scaffolding and ladders.

IS:3764 Safety code for excavation work.

IS:4081 Safety code for blasting operations and related drilling operation.

IS:4130 Safety code for demolition of buildings.

IS:4138 Safety code for working in compressed air.

IS:7923 Safety code for working with construction machinery.

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4.1.7 Benchmarks, reference pillars, etc.: 4.1.7.1 The Contractor shall set up, at his own cost, benchmarks and reference pillars, at the

commencement of work and at subsequent instances, as per requirement. These shall be maintained at his cost for as long as required, and shall be removed only where approved by the Engineer.

4.1.7.2 The Contractor shall protect bench marks and reference lines, ground water gauges and

control points from damage or movement during work. In case of any damage, the Contractor shall have to restore them to their original condition at his own cost.

4.2 Technical standards to be adopted: 4.2.1 Material 1. Aluminium Extrusions as per BS 1474:1987 / EN AW-6063 T6 2. Galvanised Steel Sheet as per IS 277:2003 3. Glass Reinforced Plastic Sheets corona treated Mechanical & Physical Properties as per Table-1 & 2

Table - 1

Mechanical Properties Typical Value

Unit Test Method

Tensile strength ca. 55 N/mm² DIN EN ISO 527-4/2/2

Tensile-elongation at tension Max ca. 2.0 % DIN EN ISO 527-4/2/2

Tensile-e-modulus ca. 4700 N/mm² DIN EN ISO 527-4/2/2

Flexural strength ca. 140 N/mm² DIN EN ISO 14125/WKII

Flexural-e-modulus ca. 3500 N/mm² DIN EN ISO 14125/WKII

Impact strength ca. 25 kJ/m² DIN EN ISO 179/2n

Table – 2

Physical Properties Typical Value Unit Test Method

Thickness ca. 1.5 mm internal: 10-10-012

Weight ca. 2100 g/m² internal: 10-10-020

Glass content 23-25 % internal: 10-10-002

Barcol hardness 40-50 Barcol DIN EN 59

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4. Fibre Glass wool properties should confirm as per Table – 3.

Table – 3

Standard (IS/BS/NES/ASTM)

Tests

IS:8183/3144/3346 Thermal conductivity, moisture content, water absorption, shot content, sulphur content, mold growth, recovery after

compression, combustibility, vibration/jolting.

BS 476 part 4,5,6,7. BS 6853

Ignitibility, combustibility, fire propagation, surface spread of flame, smoke emission, toxicity index.

NES 713/802(Navy standard)

Toxicity, oxygen depletion, smoke emission.

ASTM C423 NRC values

5. Cement Bonded Particle Board should confirm to IS 14276-1995

6. Glue should confirm to the below specification

c) Moisture curing glue: as per DIN 53 479 d) Elastic, one component moisture-curing sealant: Building-material class DIN 4102 part 1 +

part 4 e) Two component reaction adhesive: for bonding rigid PVC, glass fibre - reinforced plastics,

steel-and Aluminium - sheet to PUR-, PVC-and PS - rigid foam should confirm to DN 53 - 479/505/283/404

4.2.2 Structural design

National Building Code: 2005 IS: 875 (Part 1 to 5)- Actions on structure(Loads) IS: 800-2007- Design of steel structures IS: 8147-1976 – Use of aluminum in structures

4.2.3 Galvanized coating IS: 277-2003- Hot dip galvanized coatings on fabricated iron and steel articles

4.2.4 Welding IS: 816-1969- Welding procedure tests for the arc welding

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4.2.5 Electrical Installation IS: 12063-1987–Degree of protection provided by enclosures of electrical equipment IS: 2147-1962-Low-voltage switchgear and control-gear assemblies IS: 4691-1968–Rotating electrical machinery

4.3 MECHANICAL CHARACTERISTICS

4.3.1 Dimensions

a. Composite panel wall system: Wall size will be of 80mm Thickness x 2900mm wide x 3860mm Height

b. Composite panel Doors system: 80mm Thickness

c. Window Jambs : 450mm wide x 50mm thickness 150mm wide x 50mm thickness

d. Skirting: 150mm x 6mm Thickness cross section minimum: 1.5mm 4.3.1.a Composite wall panels:

The wall panel shall consist of 1.5mm Glass Reinforced Plastic lamination on either side of

the wall PU glued to Cement Bonded Particle Board of 10mm thickness. These cladded

boards are fastened and glued to special section power pressed/ roll form G.I. sheet with

zinc coating of 120gms/sqm (both side inclusive) grid structure of minimum 55mm

thickness. Grid size of the galvanized steel sheet is 600mm x 600mm maximum filled with

glass wool of 20Kg/Cu-Mtr density with NRC value of 0.9 to get better sound insulation.

Assembly of these composite wall panels will be with the help of galvanized steel U-

Channels grouted and fastened to floor and PEB steel grid.

4.3.1.b Door :

Composite panel for door will be similar to wall panel system. However the galvanized steel

sheet structure grid should be designed in accordance with required door size.

The Doors shall be built with a frame made of hot extruded aluminum profiles with powder

coating or anodizing. It should accommodate 80mm thick composite panel with not-

detachable (not-slip) stainless steel hinges with 180Degree door opening; lock fitted (with an

anti-panic lock).

The aluminium profile for the fixed door frame should be not be more than 2.5kg/mtr.

Movable door frame should be robust and should not be more than 3.0kg/mtr. Material of

the profile should be of alloy 6063-T6. In order to guarantee necessary Ingress Protection,

EPDM gaskets are fixed to the door. Providing and Fixing factory made Anodized

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Aluminum made of extruded profiles. Profiles of frames and sash will be mitered cut and

fixed at all corners, including drilling of holes for fixing hardware.

4.3.1.c Wall Skirting:

Skirting to be provided on either side of walls to protect the edges at floor level. These

skirting is made out of hot extruded aluminium extrusion which is not less than 1Kg/Meter

and minimum 1.5mm cross section wall thickness, corresponding to 150mm total height. It

should be powder coated or Anodized to desired color which will be decided before

execution. There should be recess in the extrusion to fix fastener to the wall panel and should

be covered with extruded PVC.

4.3.1.d Jamb:

Jamb should be of 1.5mm thick aluminium sheet metal powder coated/anodized, bent or

extruded section which should be fixed on the steel frame by fasteners. Jambs are to be

mitered cut and fixed at all corners. Jamb width will be 400 mm and over all thickness will

be 50mm approximate.

Facade: The Facade shall be with cement bonded particle boards fixed with steel studs. The thickness of the

cement bonded board shall be 18/20mm. The board shall conform to BS:476 as Class ‘O’ building

board with class ‘I’ surface spread of fire and it should also conform to IS: 14276. The boards shall be

fixed to the existing GI grit system (main frame) additional frames using cold formed galvanized

sections shall be used by the contractor over the existing main frames for fixing the cement board.

Contractor shall provide for expansion joints and the same shall be covered with boxing. These

boxings can be used for taking rain water down pipes also (rain water down pipes not in the scope

of this contract). The gaps can also be sealed with cover strips or as seams as per the aesthetic

requirements. Steel strips can be fixed with counter sunk screws or fixed with adhesives. Boards

should be coated with two coats of exterior emulsion after one coat of primer.

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Section 5 BOQs

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5. BILL OF QUANTITIES ( FINANCIAL BID )

Sl. no

Description Unit Quantity Rate Amount

1.0

Laminated Glass Reinforced Plastic - Wall Cladding

Laminated Glass Reinforced Plastic Wall Cladding: Design, Manufacture, supply and erection of GRP laminated wall panels - The Laminated GRP wall cladding shall consist of 1.5mm Glass Reinforced Plastic Lamination (made as per DIN EN ISO 527-4/2/2, DIN EN ISO 14125/WKII and DIN EN ISO 179/2n) PU glued (made as per DN 53 -479/505/283/404) to Cement Bonded Particle Board (made as per IS 14276-1995) of 10mm thickness. These cladding boards are fastened and glued to grid section of the existing Steel structural system. Size of the panel will be decided before execution as per architects requirement. Joints between to such composite panels are glued & sealed to achieve necessary water proofing. The quoted price shall include cost of all materials labor, fittings, fasteners, glues etc complete excluding service tax. (Deduction will not be made for door/window/ventilator openings)

Sqm 3000

2.0 Laminated Glass Reinforced Plastic - Panel cladding

Laminated Glass Reinforced Plastic Panel cladding: The Laminated Glass Reinforced Plastic Panel shall consist of 1.5mm Glass Reinforced Plastic Lamination (made as per DIN EN ISO 527-4/2/2 , DIN EN ISO 14125/WKII and DIN EN ISO 179/2n) on either side of the wall PU glued (made as per DN 53 -479/505/283/404) to Cement Bonded Particle Board of 10mm thickness. These cladding boards are fastened & glued to special section power pressed/roll from G.I. sheet with zinc coating of 120gms/sqm. (both side inclusive) grid structure of min.55mm

Sqm 1300

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thick. Grid size of the galvanized steel sheet is 600mm x 600mm max. filled with 50mm glass wool of 20Kg/cum density with NRC value of 0.9 to get better sound insulation. assembly of these composite wall panels will be with the help of galvanized steel U-channels grouted and fastened to floor and PEB steel grid. (Deduction will not be made for door/window/ventilator openings)

3.0 Aluminium Jamb Flashing

Design, Manufacture, supply and erection of Aluminum Jamb flashings. Flashings should be of 1.5mm thick aluminum sheet metal powder coated/anodized, bent or extruded section which should be fixed on the steel frame by fasteners. Jambs are to be mitered cut and fixed at all corners. Jamb width will be:

a) 457.2mm with overall thickness of 50mm approx.

RM 1070

b) 152.4mm with overall thickness of 50mm approx.

RM 370

4.0 Wall Skirting Skirting to be provided on either side of

Internal walls and one side for outer walls to protect the edges at floor level. These skirting is made out of hot extruded aluminum extrusion which is not less than 1kg/m and min.1.5mm cross section wall thickness, corresponding to 150mm total height. It should be powder coated or anodized to desire color which will be decided before execution. There should be recess in the extrusion to fix fastener to the wall panel & should be covered with extruded PVC.

RM 1750

5.0 Glass Reinforced Plastic Panel Door

Composite panel for door will be similar to wall panel system. However the galvanized steel sheet structure grid should be designed in accordance with required door size. The Door shall be built with a frame made of hot extruded aluminum profiles with powder

Sqm 150

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coating or anodizing. It should accommodate 80mm thick composite panel with not - detachable (not slip) stainless steel hinges with 180Degree door opening; lock fitted (with an anti-panic lock). The aluminum profile for the fixed door frame should be not more than 2.5kg/m. Movable door frame should be of alloy 6063-T6. In order to guarantee necessary Ingress Protection, EPDM gaskets are fixed to the door.

6.0 Exterior Bison Board façade cladding

The Facade shall be with cement bonded

particle boards fixed with steel studs. The

thickness of the cement bonded board

shall be 18/20mm. The board shall

conform to BS:476 as Class ‘O’ building

board with class ‘I’ surface spread of fire

and it should also conform to IS: 14276.

The boards shall be fixed to the existing GI

girt system (main frame) additional frames

using cold formed galvanized sections

shall be used by the contractor over the

existing main frames for fixing the cement

board. Contractor shall provide for

expansion joints and the same shall be

covered with boxing. These boxings can be

used for taking rain water down pipes also

(rain water down pipes not in the scope of

this contract). The gaps can also be sealed

with cover strips or as seams as per the

aesthetic requirements. Steel strips can be

fixed with counter sunk screws or fixed

with adhesives. Boards should be coated

with two coats of exterior emulsion after

one coat of primer. (Deduction will not be

made for door/window/ventilator

openings)

Sqm 3065

Total Rs= (RUPEES ONLY)

Financial Bid: Total cost of all works is = Rs. (Rupees Only)

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SECTION - 6: LIST OF APPROVED MAKES

A. APPROVED STANDARDS/MAKES 1. Construction Chemicals : Sika/Fosroc/Pidilite/BASF/Hilti/Fischer/ KOMMERLING or equivalent 2. GRP : Lamilux or equivalent 3. Expansion/ : Supreme Industries or equivalent insulation board 4. Insulation glass fibers : Twiga or equivalent 5. Flush doors : As Instructed By Client during Pre Bid 6. Cement boards : Bison board or equivalent 7. Mortice latches and : Godrej,Dorset, Gurdian locks Multipurpose lock 8. Door closers and : Everite, Garnish, Hardwin floor spring 9. Aluminium sections : Jindal, Indal, Hindalco 10. Aluminium fittings : Sigma, Duke, Hardwin 11. Float glass and : Modiguard, Saint Gobain, Indo Asahi mirrors 12. Paints, primers, : Asian Paints, ICI, Berger Paints, Jenson & thinners Nicholson, Nippon 13. Welding rod : Any IS Certified

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SECTION - 7 : PERFORMANCE BANK GUARANTEE FORM

[To be executed on stamp paper of appropriate value]

BANK GUARANTEE

To

Principal, ARSD College, Dhaula Kuan, New Delhi – 110 021

Gentlemen:

1. In consideration of ARSD College, Dhaula Kuan, New Delhi, an existing college Under University of Delhi, located at Dhaula Kuan, New Delhi, (hereinafter referred to as the “Owner” which expression shall, unless repugnant to the context or meaning thereof, include its successors and assigns) has proposed to contract (as contained in documents hereinafter collectively referred to as “Contract”) in favour of _____________________________ [Name and address of the Contractor] (hereinafter referred to as the “Contractor” which expression shall, unless repugnant to the context or meaning thereof, include its successors and assigns) for the work of “Design, Supply, Fabrication and Erection of GRP Laminate interior sheet and Panel claddings; exterior claddings with cement board and Accessories in the Proposed Second floor ” (“Work”) at ARSD College, Dhaula Kuan, New Delhi 110021. 2. The Contractor has agreed to abide by and perform all its obligations in terms of the terms and conditions contained in the Contract and in terms thereof, the Contractor is required to submit to the college a Performance Guarantee for a total amount of Rs. 10,00,000/- (Rupees Ten Lacs Only), before the execution of the Contract. 3. We, ________________(hereinafter referred to as "the Bank" at the request of the Contractor do hereby unconditionally and irrevocably guarantee to the Owner that the Contractor shall duly perform and fulfill all its obligations under the Contract and undertake to pay the Owner an amount not exceeding Rs. 10,00,000/- (Rupees Ten Lacs Only) (the “Guaranteed Amount”) for (a) or any loss, liability or damage arising out of any defects or shortcomings of the Contractor in performance of its obligations in terms of the Contract (b) or the debts the Contractor may have incurred to any party(ies) involved in execution of the Work under the Contract mentioned above, whether these defects or shortcomings or debts are actual or estimated or expected and (c) for any loss or damage caused to or suffered by, or would be caused to or suffered by, the Owner by reason of any breach or failure on the part of the Contractor to perform or fulfill any of the terms and conditions, contained in the said Contract. 4. We, the Bank do hereby, in pursuance of the terms and conditions contained in the Contract, absolutely, unconditionally and irrevocably guarantee, as primary obligor, and not as a surety, the payment of the Guaranteed Amount to the Owner to secure due, proper and faithful performance and fulfillment by the Contractor, of all its obligations under the Contract.

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5. We, the Bank, do hereby undertake to pay the amounts due and payable under this Guarantee without any demur or protest, merely on a demand from the Owner stating that the amount claimed is due by way of loss, liability, damage, debts, defects or shortcoming caused to or suffered by the Owner by reason of breach or failure by the Contractor in performance or fulfillment of any of the terms or conditions contained in the Contract. We, the Bank, do hereby agree that the decision of the Owner as to whether the Contractor has failed or committed breach or failed to perform or fulfill any of its obligations under the Contract, as aforesaid, and as to the amount payable to the Owner by the Bank hereunder, shall be final, conclusive and binding on the Bank. 6. We, the Bank, do hereby undertake to pay to the Owner any money so demanded forthwith on receipt of demand from the Owner without it being necessary to prove to the Bank the loss, liability, damage, debts, defects or shortcoming of the Contractor or the failure of the Contractor to perform its obligations in accordance with the Contract, notwithstanding any dispute or disputes raised by the Contractor in any suit or proceeding pending before any court or Tribunal relating thereto. It is expressly agreed that the Bank’s liability under these presents is absolute and unequivocal.

7. We, the Bank, further agree that the guarantee herein contained shall come into force from the date of execution of the Contract and shall remain in full force and effect for a period of Seven (7) months from the date of execution of the Contract.

8. We, the Bank further agree, that notwithstanding the validity period specified in paragraph 7 above, the validity of the guarantee shall be extended under the terms and conditions contained herein, for successive periods of three (3) calendar months at a time, until the Owner has certified in writing that the terms and conditions of the said Contract have been fully and properly carried out by the Contractor and accordingly discharges this guarantee. The guarantee shall expire and become ineffectual only upon such certification by the Owner.

9. We, the Bank do hereby undertake to issue and forward appropriate extension sheets to the Owner regarding extensions envisaged in paragraph 8 above.

10. We, the Bank, do hereby agree that any claim, which we have or may have against the Contractor, shall be subject and subordinate to the prior performance and payment in full, of all our obligations hereunder to the Owner, and the amount guaranteed hereunder and we will not, without prior written consent of the Owner, exercise any legal right or remedy of any kind available to us in respect of any such performance or payment so long as our obligations hereunder remain owing and outstanding. 11. We, the Bank, further agree that the Owner shall be at liberty, at its option, to enforce this guarantee against the Bank as a principal debtor, in the first instance, notwithstanding any other security or guarantee that the Owner may have in relation to the Contractor’s liabilities or obligations under the Contract. 12. We, the Bank, further agree and confirm that this guarantee shall be irrevocable without prior written consent of the Owner and our obligations under this guarantee shall not be conditional upon any prior notice by us or by the Contractor. We, the Bank, undertake not to revoke this guarantee during its currency except with the previous consent in writing of the Owner. 13. This guarantee shall be a continuing guarantee and shall not be discharged or affected by any change in the constitution of the Contractor or of the Bank or of the Company or liquidation or winding up of the Contractor. We, the Bank, further agree that our obligations under this

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guarantee shall not be affected by reason of the Contractor acquiring any new status or change in its status or the Contractor becoming entitled to or claiming any special exemptions, privileges or immunities, whether pursuant to any existing or new statutes, regulations, orders or otherwise, including without limitation, the Sick Industrial Companies (Special Provisions) Act, 1985 or any enactment made in replacement thereof. 14. We, the Bank, further agree that this guarantee is in addition to, and not by way of limitation of or substitution for, any other guarantee or guarantees, if any, hereto before given to the Owner by the Bank (whether alone or jointly with other(s)) and now existing in force and that this guarantee is not intended to and shall not revoke or limit any such guarantee or guarantees.

15. The payment so made by us under this guarantee shall be a valid discharge of our liability or payment there under and the Contractor shall have no claim against us for making such payment. Executed at _________, this ________ day of _______________, 2015.

For: [Name of the Bank]

By: Name:

Designation:

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SECTION 8 : BANK GUARANTEE FORM TOWARDS MOBILISATION ADVANCE

[To be executed on stamp paper of appropriate value]

BANK GUARANTEE

To


Gentlemen:

1. In consideration of ARSD College, Dhaula Kuan, New Delhi, an existing college Under University of Delhi, located at Dhaula Kuan, New Delhi, (hereinafter referred to as the “Owner” which expression shall, unless repugnant to the context or meaning thereof, include its successors and assigns) has proposed to contract (as contained in documents hereinafter collectively referred to as “Contract”) in favour of _____________________________ [Name and address of the Contractor] (hereinafter referred to as the “Contractor” which expression shall, unless repugnant to the context or meaning thereof, include its successors and assigns) for the work of “Design, Supply, Fabrication and Erection of GRP Laminate Interior sheet and Panel claddings; exterior claddings with cement board and Accessories in the Proposed Second floor” (“Work”) at ARSD College, Dhaula Kuan, New Delhi - 110 021. 2. The College has agreed to pay Mobilization Advance under the terms and conditions of Letter of Acceptance, subject to production of a Bank Guarantee for Rs. ___________(Rupees __________________), by the Contractor. 3. We, ________________(hereinafter referred to as "the Bank" at the request of the Contractor do hereby unconditionally and irrevocably guarantee to the Owner that the Contractor shall duly perform and fulfill all its obligations under the Letter of Acceptance and undertake to pay the Owner an amount not exceeding Rs. _____________ (Rupees ____________ Only) (the “Guaranteed

Amount”) against any loss or damage caused to or suffered by, or would be caused to or suffered by, the Owner by reason of any breach or failure on the part of the Contractor to perform or fulfill any of the terms and conditions, contained in the said Letter of Acceptance. 4. We, the Bank do hereby, in pursuance of the terms and conditions contained in the Letter of Acceptance, absolutely, unconditionally and irrevocably guarantee, as primary obligor, and not as a surety, the payment of the Guaranteed Amount to the Owner to secure due, proper and faithful performance and fulfillment by the Contractor, of all its obligations under the Letter of Acceptance. 5. We, the Bank, do hereby undertake to pay the amounts due and payable under this Guarantee without any demur or protest, merely on a demand from the Owner stating that the amount claimed is due by way of loss or damage caused to or suffered by the Owner by reason of breach or failure by the Contractor in performance or fulfillment of any of the terms or conditions of the said Letter of Acceptance. We, the Bank, do hereby agree that the decision of the Owner as to whether the Contractor has committed breach or failed to perform or fulfill its obligations under the

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Letter of Acceptance, as aforesaid, and as to the amount payable to the Owner by the Bank hereunder, shall be final, conclusive and binding on the Bank. 6. We, the Bank, do hereby undertake to pay to the Owner any money so demanded forthwith on receipt of demand from the Owner notwithstanding any dispute or disputes raised by the Contractor in any suit or proceeding pending before any court or Tribunal relating thereto. It is expressly agreed that the Bank’s liability under these presents is absolute and unequivocal. 7. We, the Bank, further agree that the guarantee herein contained shall come into force from the date Contractor receives from the Owner the said Mobilization Advance and shall remain in full force and effect so long as the said advance or any part thereof remaining outstanding and shall expire and become ineffectual only after the recovery of the entire sum of Rs.________________________ covered by the Guarantee or till the Owner certifies in writing that the terms and conditions of the said Letter of Acceptance have been fully and properly carried out by the Contractor and accordingly discharges this guarantee. 8. We, the Bank, do hereby agree that any claim, which we have or may have against the Contractor, shall be subject and subordinate to the prior performance and payment in full, of all our obligations hereunder to the Owner, and the amount guaranteed hereunder and we will not, without prior written consent of the Owner, exercise any legal right or remedy of any kind available to us in respect of any such performance or payment so long as our obligations hereunder remain owing and outstanding. 9. We, the Bank, further agree that the Owner shall be at liberty, at its option, to enforce this guarantee against the Bank as a principal debtor, in the first instance, notwithstanding any other security or guarantee that the Owner may have in relation to the Contractor’s liabilities or obligations under the Letter of Acceptance. 10. We, the Bank, further agree and confirm that this guarantee shall be irrevocable without prior written consent of the Owner and our obligations under this guarantee shall not be conditional upon any prior notice by us or by the Contractor. We, the Bank, undertake not to revoke this guarantee during its currency except with the previous consent in writing of the Owner. 11. This guarantee shall be a continuing guarantee and shall not be discharged or affected by any change in the constitution of the Contractor or of the Bank or of the Owner or liquidation or winding up or filing of the Contractor. We, the Bank, further agree that our obligations under this guarantee shall not be affected by reason of the Contractor acquiring any new status or change in its status or the Contractor becoming entitled to or claiming any special exemptions, privileges or immunities, whether pursuant to any existing or new statutes, regulations, orders or otherwise, including without limitation, the Sick Industrial Companies (Special Provisions) Act, 1985 or any enactment made in replacement thereof. 12. We, the Bank, further agree that this guarantee is in addition to, and not by way of limitation of or substitution for, any other guarantee or guarantees, if any, hereto before given to the Owner by the Bank (whether alone or jointly with other(s)) and now existing in force and that this guarantee is not intended to and shall not revoke or limit any such guarantee or guarantees.

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13. The payment so made by us under this guarantee shall be a valid discharge of our liability or payment there under and the Contractor shall have no claim against us for making such payment. Executed at _________, this ________ day of _______________, 2015

For: [Name of the Bank]

By:

Name:

Designation:

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SECTION 9: BID PROPOSAL SUBMISSION FORM

To


Dear Sirs, Subject: Tender in relation to “Design, Supply, Fabrication and Erection of GRP Laminate Interior sheet

and Panel claddings; exterior claddings with cement board and Accessories in the Proposed Second floor ” at ARSD College, Dhaula Kuan, New Delhi.

1. We have received and examined the tender documents, including General Conditions of Contract, Tender Drawings, Time lines, Contract Agreement, Specifications of Work, Bill of Quantities, Rate Schedule, Bid Proposal Submission Form issued in connection with “Design, Supply, Fabrication and Erection of GRP Laminate Interior sheet and Panel claddings; exterior claddings with cement board and Accessories in the Proposed Second floor“at ARSD College, Dhaula Kuan, New Delhi. 2. We have inspected and examined the indicative site and its surroundings and have satisfied ourselves before submitting the tender as to the nature of ground and subsoil in the region, the form, nature and means of access to the site, availability of water, power and other requirements. 3. We hereby submit our tender for the execution of the works referred to in the aforesaid documents upon the terms and conditions referred to therein and in accordance in all respects with the specifications, designs, drawings and other relevant details at the rates contained in the Bill of Quantities and to complete the same within the stipulated period of completion. 4. We agree that any arithmetical errors in our submission can be corrected by applying a percentage adjustment so that the tendered amount remains unchanged. 5. We understand that you are not bound to accept the lowest or any other tender and you have the right to accept the whole or part of our tender and We agree to execute whatever part is accepted by you at the quoted amount for the same. 6. We agree to keep the tender open for minimum period of 90 days from the date of opening of the Bid Proposals by the Consultants/you and for such extended period, as you may require from time to time. 7. We also understand that any time during the validity of the tender, you have the right to abandon the tendering process and the tenderers will not be compensated in such a case, in any manner whatsoever. 9. A Pay Order/ Demand Draft for a sum of 2% of Contract Price Rs. (Rupees ---------- Only) dated __________issued by ______________________ (name of bank) in favour of “Principal, ARSD College” Payable at New Delhi is attached as Earnest Money.

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10. We agree that the Earnest Money shall be forfeited if we withdraw the tender during the period of validity or if we fail to accept corrections or errors in our submission, or enter into the contract in the format prescribed in Section 3 of the Bid Document, after fulfilling all requirements including submission of performance Bank Guarantee, Bank Guarantee towards Mobilization Advance. 11. We agree that should this tender be accepted in whole or in part, we agree to abide by and fulfill all the terms and conditions annexed hereto. If we fail to execute the contract in the specified form or commence the work specified in the above Contract Documents by _________, we agree that our Earnest Money shall be forfeited, otherwise this shall form part of the Retention Money mentioned against Clause 14 of the Instructions to Tenderers. 12. We understand that forfeiture of Earnest Money will be without prejudice to any of your rights or remedy available in law. 13. We have independently considered the amount shown as liquidated damages and agree that they represent a fair estimate of the damages likely to be suffered by you in the event of the work not being completed in time. 14. We agree to provide a performance Guarantee in the form of a Bank Guarantee for Rs. Ten Lacs, from a reputed Bank in the form prescribed in Section 7 of the Bid Document, to your satisfaction, within the stipulated time, if the work or part thereof is awarded to us. 15. We agree to provide a Bank Guarantee for an amount representing 10% of the contract value as specified in the Letter of Award, from a reputed Bank in the form prescribed in Section 8 of the Bid Document and agree that the provision of Bank Guarantee will be a pre-condition to payment of mobilization advance by you. 16. In the event of award of tender, we agree to abide by all the terms and conditions specified in the Bid documents. Dated the _16th day of February, 2015 Signature:

In the capacity of duly authorized person to sign the tender for and on behalf of:

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Appendix – Tender Drawings

TENDER & CONTRACT DOCUMENT - ARSD...

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Transcript of TENDER & CONTRACT DOCUMENT - ARSD...