CONDITIONS OF CONTRACT - Ticel Bio Park - Home … Volume - 2.doc · Web viewCONDITIONS OF CONTRACT SUPPLY, INSTALLATION, TESTING AND COMMISSIONING OF 2000KVA DIESEL GENERATOR SET

TICEL BIO PARK LTD Volume - II DG SET WORKS

TICEL BIO PARK LTD

VOLUME - II

CONDITIONS OF CONTRACT

SUPPLY, INSTALLATION, TESTING AND COMMISSIONING OF 2000KVA DIESEL GENERATOR SET AND ASSOCIATED WORKS IN TICEL BIO PARK LTD,

TARAMANI, CHENNAI – 600 113.

DUE DATE FOR SUBMISSION: ON OR BEFORE 29.08.2017 at 15.00 Hours

TO BE SUBMITTED TO: M/s. TICEL BIO PARK LTD CSIR Road, Taramani, Chennai - 600 113. Telephone No.: +91 44 22542061 / 62 Fax No: 91-44-2254 2055

E-Mail: [email protected]

ENGINEERING CONSULTANTS:M/s .TAAMAESEK ENGINEERING CONSORTIUM Architects & Engineers No 5, 1 st Floor, Bishop Wallers Avenue West. Off TTK Road, Mylapore, Chennai- 600 004 – INDIA. Tel No: 044-24671139 / 57 Fax No: 044-24672237

E-Mail: [email protected]

TENDER SUBMITTED BY:

M/s._________________________

Address_____________________

____________________________

____________________________

JULY - 2017

2017 1 ENGINEERING CONSULTANT:

TAAMAESEK ENGINEERING CONSORTIUM

mailto:[email protected]

mailto:[email protected]


TICEL BIO PARK LTD

PROVIDING SUPPLY, INSTALLATION, TESTING AND COMMISSIONING OF 2000KVA DIESEL GENERATOR SET AND ASSOCIATED WORKS IN TICEL BIO PARK LTD,

TARAMANI, CHENNAI – 600 113.


ContentsS.No DESCRIPTION Page No

I. Contract data 6II. Tender form 7III. Conditions of contract 10

1. Definitions 102. Interpretation 123. Language and Law 124. Pre-bid clarification 125. Cost of bid preparation 136. Submission 137. Earnest Money deposit 138. Performance bond 149. Signing of agreement 14

10. Engineering Consultant's / Status and Decisions 1411. Decisions 1412. Changes in Design 1513. Contract Duration 1514. Time Schedule for commencement of work. 1515. Program / Milestone 1516. Progress Report 1617. Extension of the Intended Completion Date 1618. Delays ordered by EC 1619. Rate to include Inspection and Testing 1620. Mobilization Activities 1721 Billing Frequency 1722. Settlement of Contractor Bills and adhoc payment & Payment of Part Rate 1723. Payment Certificates 1924. Claim for Extra 20




25. Unfixed Goods and Materials 2126. Compensation Events 2127. Tax 2128. Currencies 2129. Insurance 2130. Retention 2631. Liquidated Damages for Non-completion 2632. Virtual completion & DLP 2633. Alternative Items 2734. Compensation of Contractor 2735. Additional Items 2736. Co-operation with other Contractors 2737. Compliance of requirement of local / public 2738. Supply of materials 2839. Water and Power 2840. Safety Code 2841. Forfeitures of Bank Guarantee and Retention Money 2942. Plant, Machineries, Equipment etc. 2943. Equipment 2944. Methodology 2945. Dismissal 2946. Delegation 3047. Communications 3048. Sub Contracting 3049. Other Contractors 3050. Personnel 3151. Owners and Contractors Risk 31

52. Queries about the Contractor data 31

53. Contractor to construct the Work 3154. Possessions Work 3255. Access to the site 3256. Instructions 3257. Procedures for Disputes and arbitration 3358. Discrepancies on contract Document 3359. Management Meeting 3360. Early Warning 34




61. Joint Inspection 3562. Working hours, working on holidays & night work 3563. Quality Control 3564. Defects 3765. Bill of Quantities 3866. Change of Quantities 3867. Prime Cost 3868. Variations, provisional & Prime cost sum 3969. Guarantees / Warranties 4170. Cost of Repairs 4171. Tolerance 4172. Completion & DLP 4173. Taking Over 4174. Final Account 4175. As built drawings and maintenance Manuals 4276. Termination 4277. Force Majeure 4578. Suspension of Work Partly or Wholly 4679. Payment Upon Termination 4780. Property 4781. Release from performance 4782. Fraud and Corruption 4783. Severability 4884. No Waiver 4885. Discrepancies on Contract Documents 4886. Entire Agreement 4887. Headings 4888. Singular / Plural 4889. Repetition of Clauses 4990. Criteria for evaluation of Tender 4991. Summary of Notice Inviting tender 5292. Special condition of contract 5393. Special condition / instructions 6094. Hand book on Health & Safety 6795. Table of contents 68




96. Proposed Time schedule – Annexure - I 92

APPENDIX - A Proforma of Bank Guarantee For Earnest Money 93

APPENDIX - B Form of Performance Guarantee 95

APPENDIX - C Articles of Agreement 98

Format – A 103Format – B 104Format – C 105Format - D 106




TICEL BIO PARK LTDTENDER

SUPPLY, INSTALLATION, TESTING AND COMMISSIONING OF 2000KVA DIESEL GENERATOR SET AND ASSOCIATED WORKS IN TICEL BIO PARK LTD, TARAMANI,

CHENNAI – 600 113

CONTRACT DATA

Owner TICEL BIO PARK LTD, Taramani, Chennai 600 113

Period of Sale of Tender Document 28th Jul 2017 to 28th Aug 2017 (during office hours)

Place of sale of Tender Document TICEL BIO PARK, CSIR Road, Taramani, Chennai – 600 113

Last Date for Submission of Tender 29.08.2017 @ 3:00 PM.

Validity of tender 150 days from the last date of submission of tender

Time and Date of Pre Tender Meeting 16.08.2017 @ 2:00 PM

Estimated value of DG SET WORKS. Rs. 2.17 Crores

Earnest Money Deposit Rs. 2.20 Lakhs by Bank Guarantee

Tender Documents to be submitted to The Managing DirectorTICEL BIO PARK Ltd., CSIR Road, Taramani,Chennai – 600 113.

Place of Opening of TenderTICEL BIO PARK Ltd.CSIR Road, Taramani,Chennai – 600 113.

Time and date of opening of Tender 29.08.2017 @ 4:00PM.

Period of completion of work 5 months

Defects Liability Period 12 months

TENDER SUBMITTED BY




TENDER FORMTo

The Managing Director TICEL BIO – PARK Ltd. CSIR Road, Taramani. Chennai – 600113.

Dear Sir,

Sub: Construction of Bio park ltd - Submission of Tender for Supply, Installation, Testing and Commissioning of 2000KVA Diesel Generator set and Associated works.

Ref: Tender notice issued by TICEL BIO PARK Ltd in news papers on 27.07.2017.We confirm that we have examined the tender documents including drawings, specifications, and bill of quantities relating to the execution of the works specified in the memorandum hereinafter set out and having visited and examined the site of the works specified in the said memorandum and having acquired the requisite information relating thereto as affecting the tender.

1. We hereby offer to execute the works specified in the said memorandum within the time specified in the said memorandum at the rates mentioned in the attached bill of quantities and in accordance in all respects with the specifications, designs, drawings and instructions in writing referred to in conditions of tender, the Articles of Agreement, Special Conditions, Bill of Quantities and Conditions of Contract and with such materials as are provided for, by, and in all other respects in accordance with such conditions so far as they may be applicable.

2. The memorandum & relevant details are specified as below.

MEMORANDUM

(a) Description of works : PROVIDING Supply, Installation, Testing and Commissioning of 2000 KVA Diesel Generator Set and Associated Works in TICEL BIO PARK LTD, Taramani, Chennai.

(b) Value of works : INR 2.17 Crores only

(c) Earnest Money deposit : Rs. 2.20 Lakhs only (d) Retention amount : 10% (Ten Percent) of the value of work billed

From first running bill onwards, subject to a

Maximum of 5% of the contract sum.

(e) Date of Commencement of work : Tenth day from the date of issue of Letter of Award (LOA) or the handing over of the site to the Contractor whichever is earlier.

(f) Time allowed for completion of the work for Supply, Installation, testing, Commission, of Diesel Generator Set Works & Retrofitting Works is 5 months from the date of commencement of work2. Should this tender be accepted by TICEL BIO PARK Ltd, we M/s ……………………… hereby agree to abide by and fulfill the terms and provisions of the said Conditions of Contract annexed




hereto so far as they may be applicable or in default thereof to forfeit and pay to TICEL BIO PARK Ltd, Taramani, Chennai, the amount mentioned in the said contract.

3. We agree to abide by this tender for the period of 150 days from the date fixed for receiving the same and it shall remain binding upon us and may be accepted at any time before the expiration of that period without any additional cost.

4. We undertake that, in the event of this tender being accepted by TICEL BIO PARK Ltd, we agree to execute an Agreement in the form annexed hereto, within 10 days from the date of issue of LOA.

5. I / We have deposited a sum of Rs.2.20 lakhs (Two lakhs twenty thousand only) as earnest money in the form of a bank guarantee from nationalized bank, with TICEL Bio Park ltd, Chennai which amount is not to bear any interest. Should I / We fail to execute the contract when called upon to do so, I / We do hereby agree that this sum shall be forfeited by me /us to the TICEL BIO PARK ltd, Chennai.

6. If this tender is accepted by TICEL BIO PARK ltd, we agree to provide a Bank Guarantee from a Nationalised bank as performance bond for a sum equivalent to 10% of the contract value for the due performance of the contract under the terms of the condition of contract within ten days from the date of issue of LOA.

7. Unless and until a formal agreement is prepared & executed, this tender together with your written acceptance thereof shall constitute a binding contract between us.

8. We agree that TICEL BIO PARK ltd reserves the right to accept / reject any one / all the tenders without assigning any reason thereof.

9. Our Main bankers are: (Kindly state name, address & phone)

i)ii)

10. Names of partners of our firm / Directors of our company are: (Kindly state name, address & phone)

11. The names of the partner of the firm / Director’s of our company authorized to sign :

Or




Name of person having power of attorney to signThe contract (certified true copy of power of attorney Should be attached) (Kindly state name, address & phone)

Yours faithfully,

Signature of Tenderer(By the authorizedSignatory of the company withBoard resolution referenceand common seal of company)

WITNESSES:i) Signature: Occupation: Address:

ii) Signature: Occupation: Address:





A. GENERAL

1. Definitions The Owner : TICEL BIO PARK Ltd, CHENNAI.

Engineering consultant : M/s Taamaesek Engineering Consortium

The Contractor ___________________________________

Terms which are not defined in the Contract Data but defined in the Conditions of Contract keep their defined meanings.

i) Architect / Engineering consultant / Project Manager shall mean “Engineering Consultant” the person appointed by the Owner to act as Engineering consultant to control, monitor, co-ordinate and execute all constructional activities for the purpose of the contract.

ii) Owners engineer shall mean the person appointed by the owner to act as representative of the owner to monitor the project execution at all stages successfully.

iii) Bill of Quantities means the priced and completed Bill of Quantities forming part of the Tender.

iv) The word ‘Client / Owner in the tender documents/Contract Documents is the term used to address the Client by the Contractor to indicate the link between the two.

v) Compensation Events are those defined in Clause 27 hereunder.

vi) The Completion Date is the date of completion of the Works as certified by the Engineering Consultant and satisfactory handing over to the owner.

vii) The Contract is the contract between the Owner and the Contractor to execute, complete and maintain the Works. .

viii) The Contract Data defines the documents and other information which comprise the Contract.

ix) The Contractor is a person or corporate body whose Tender to carry out the Works has been accepted by the Owner.

x) The Contractor's Tender is the completed Tender document submitted by the Contractor to the Owner.

xi) The Contract Price is the price stated in the Letter of Acceptance and thereafter as adjusted in accordance with the provisions of the Contract.

xii) A Defect is any part of the Works not completed in accordance with the Contract.

xiii) The Defects Liability Period is the period named in the Contract Data and calculated from the date of completion of entire works as per scope of contract and satisfactory handing over to the owner.

xiv) The Owner is the party who will employ the Contractor to carry out the Works.




xv) The Engineering Consultant is the person named in the Contract Data (or any other competent person appointed and notified to the contractor to act in replacement of the Engineer) who is responsible for supervising the execution of the works and administering the Contract.

xvi) Equipment is the Contractor's machinery and vehicles brought temporarily to the Site to construct the Works.

xvii)The Initial Contract Price is the Contract Price listed in the Owner's Letter of Acceptance.

xviii) The Intended Completion Date is the date on which it is intended that the Contractor shall complete the Works. The Intended Completion Date is specified in the Contract Data. The Intended Completion Date may be revised only by the Owner as recommended by the Engineering Consultant by issuing an extension of time.

xix) Materials are all supplies, including consumables, used by the contractor for incorporation in the Works.

xx) Plant is any integral part of the Works which is to have a Mechanical, DG SET WORKS, electronic or chemical or biological function.

xxi) The Site is the area defined as such in the Contract Data.

xxii)Site Investigation Reports are those which were included in the Tender documents and are factual interpretative reports about the surface and sub-surface conditions at the site.

xxiii) Specification means the Specification of the Works included in the Contract and any modification or addition made or approved by the Engineering Consultant.

xxiv) The Start Date is given in the Contract Data. It is the date when the Contractor shall commence execution of the works from 10th day from the date of issue of LOA or the handing over to the contractor of the site whichever is earlier.

xxv)A Subcontractor is a person or corporate body who has a Supply, Installation, Testing, commissioning of Diesel Generator set works and Retrofitting works Contract with the Contractor to carry out a part of the work in the Contract which includes work on the Site.

xxvi) Temporary Works are works designed, constructed, installed, and removed by the Contractor which are needed for construction or installation of the Works.

xxvii) A Variation is an instruction given by the Engineering Consultant / Owner Engineer which varies the Works.

xxviii) The Works are what the Contract requires the Contractor to construct, install, and turn over to the Owner, as defined in the Contract Data.

2. Interpretation




2.1 In interpreting these Conditions of Contract, singular also means plural, male also means female or neuter, and the other way around. Headings have no significance. Words have their normal meaning under the language of the Contract unless specifically defined. The Engineering Consultant will provide instructions clarifying queries about the Conditions of Contract.

2.2 If sectional completion is specified in the Contract Data, references in the Conditions of Contract to the Works, the Completion Date, and the Intended Completion Date apply to any Section of the Works (other than references to the Completion Date and Intended Completion date for the whole of the Works).

2.3 The documents forming the Contract shall be interpreted in the following order of priority:

(1) Agreement

(2) Letter of Award, is the acceptance of the contractor’s tender by the owner.

(3) Tender documents (vol 1, 2, 3, 4 & Drawings and clarifications if any issued during pre-tender meeting).

(4) Notice inviting tender

(5) Conditions of Contract

(6) Specifications

(7) Drawings

(8) Bill of quantities and

(9) Any other document listed in the Contract Data as forming part of the Contract.

2.4 All those mentioned as such in the Agreement and shall include their legal representatives, assigns or successors. They are treated throughout the Contract Document as if each were of the singular number and masculine gender.

3. Language and Law 3.1 The language of the Contract and the law governing the Contract are stated in the Notice Inviting Tender. 4. Pre-tender Meeting and Clarifications

A pre-tender meeting will be held at 2 pm on 16.08.2017 at TICEL BIO PARK ltd, CSIR road, Taramanai, Chennai 600 113. Clarifications required by the Tenderers may be sought in writing from TICEL BIO PARK Ltd with copy marked to Engineering consultant to their address given elsewhere in the document well in advance, and in any case not later than 5 (five) days before the date of pre-tender meeting. Clarifications issued by TICEL BIO PARK Ltd and the minutes of pre-tender meeting, which form part of the Agreement will be sent to all Tenderers. No queries written or oral shall be entertained after the Pre-tender meeting.

Tenderers should sign the minutes of Pretender meeting as a token of their acceptance and enclose copy along with Part 1, while submitting tender.




5. Cost of Tender Preparation:

The TENDERERS shall themselves be responsible for all the costs incurred in preparing, collecting information, providing clarifications or attending discussions, conferences or in making presentations, site visits etc for submission of the TENDER. No claim for reimbursement on this account will be entertained by the Owner.

5.1 No Conditional Tender: TICEL BIO PARK Ltd., discourages stipulation of additional conditions by the Tenderers, as they

are expected to accept the various provisions and conditions in the Tender documents. No conditional offer will be accepted.

5.2 Signing of Tender:

Tenderers must sign and affix their seal in all pages of the original copy of the Tender and also original Tender drawings. The name of the Tenderer shall appear on each page of the Tender documents.

5.3 Covering Letter to Tender:

The covering letter shall not contain any reference to the amount of his Tender or any financial aspect of Tender. The covering letter shall be enclosed within the sealed cover 1 containing Part I of the Tender along with Earnest Money Deposit.

6. Submission by Post / Courier / in Person:

If the sealed Tenders are sent by post or courier service, the Tenderers shall ensure that the Tenders are posted or dispatched sufficiently early so that the Tenders are received by the Owner, at their office in Chennai, within the stipulated deadline. The cover shall be addressed to The Managing Director, TICEL BIO PARK Ltd, CSIR Road, Taramani, Chennai-600 113, INDIA. If the Tenders are to be delivered in person at the above address, the sealed Tenders shall be deposited before the stipulated deadline, at the aforesaid office. Owners will not be held responsible for any delay in respect of tenders due to postal / courier service. Tenders made by telegram, fax, e-mail or telex and those received late will be neither opened nor considered.

7 . Earnest Money Deposit: Intending Tenderer shall submit as earnest money a sum of Rs.2.20 lakhs (Rupees Two lakhs twenty thousand only) by Bank Guarantee from any nationalized Bank in favour of TICEL BIO PARK Ltd., valid for 150 days from the last date of submission of Tender. A Tender which is not accompanied by such a Bank Guarantee will not be considered. The earnest money will be returned to the chosen Tenderer after the Tenderer submits Performance Bank Guarantee of 10 % of Contract sum.

E.M.D. of unsuccessful Tenderer will be returned after the conclusion of the tender process.

8. Performance Bond: A) The contractor shall deposit with the owner for due performance of the contract in the form of bank guarantee for a sum equivalent to 10% of the contract sum within 7 days of LOA in the form a Nationalised Bank format acceptable to the owner / appended herein, valid till the end of defect liability period of one year from the date of satisfactory handing over of the completed works by the




Contractor to the Owner with provision for direct re-validation on demand by the Owner, when so called for, the execution and due fulfillment of the Contract.

b) Earnest Money Deposit of the successful Tenderer shall be returned by the Owner, on furnishing a Performance Bond. The Performance Bond shall be returned after successful completion of Defect Liability Period or two months after the last notified defect had been rectified, whichever is later. 9. Signing of Agreement:

On receipt of intimation from the Owner of the acceptance of his/their Tender (Letter of Award), the successful Tenderer shall be bound to implement the contract and when called upon the successful Tenderer shall sign an agreement in accordance with the draft agreement and the Schedule of Conditions but the written acceptance by the Owner, of a Tender will constitute a binding contract between TICEL BIO Park Ltd., Chennai, and the tenderer whether such formal agreement is or not subsequently executed. The agreement should be signed within 10 days from the date of the LOA issued.

10. Engineering consultant / Status and Decisions: The Engineering consultant shall be the Owner’s representative during the Construction Period.

The Engineering consultant shall have sufficient staff at site to monitor the progress of the work and quality of the work and to determine in general if the work is proceeding in accordance with the Contract Document. They shall be required to make exhaustive or continuous on site inspections to check the quality or quantity of the work and they shall be responsible for the Contractor's failure to carry out the construction work in accordance with the Contract Document. During such visits and on the basis of his observations while at the site he shall keep the Owner informed of the progress of the work, shall endeavor to guard the Owner against defects and deficiencies in the work of the Contractor and he shall condemn work which fails to conform to the Contract document. They shall have authority to act on behalf of the Owner only to the extent expressly provided in the Contract Document or otherwise in writing which shall be shown to the Contractor. They shall have authority to stop the work whenever such stoppage may be necessary in his reasonable opinion to ensure the proper execution of the Contract.

The Engineering consultant shall be in the first instance the interpreter of the Conditions of this Contract and the judge of its performance. He shall side neither with the Owner nor with the Contractor but shall use his powers under the Contract to enforce its faithful performance by both.

11. Decision: The Engineering Consultant / owners engineer with prior approval of the Owner shall within a

reasonable time make decisions on all claims of the Contractor and all other matters relating to the execution and progress of the work or the interpretation of the Contract Document.

The Engineering Consultant shall in consultation with the Owner from time to time issue further Drawings, details and/or written instructions, written directions and written explanations in regard to:

A. Variation or modification of the design.

B. The quality or quantity of works of the additions or omission or substitution of any work.

C. Any discrepancy in or divergence between the Drawings and / or specifications.

D. The removal and/or re-execution of any works executed by the Contractor.




E. The dismissal from the works of any persons employed thereon.

F. The opening up for inspection of any work covered up.

G. The amending and making good of any defects under Defects Liability Period.

H. The removal from the site of any materials brought thereon by the Contractor and the substitution of any other material therefore.

12. Changes in design: The Contractor shall carry out all the work strictly in accordance with Drawings, details and

instructions of the Engineering Consultant. If in the opinion of the engineering Consultant changes have to be made in the design and with the prior approval in writing of the Owner they desire the Contractor to carry out the same, the Contractor carry out the same without any extra charge. Engineering Consultant’s decision in such cases shall be final and binding on the Contractor.

13. Contract Duration:

It shall be clearly understood by the contractor that the period of completion of the whole DG SET WORKS shall be 5 months (including Sundays, National Holidays and days of inclement weather).

The successful tenderer shall prepare and submit for approval a Master time schedule in line with the requirements of the Owner indicating level-wise completion dates keeping the end dates of mile stones as specified for the completion of entire work. The Contractor should follow and comply strictly with the approved Master Construction Program, intermediate milestones and adhere to the level-wise completion dates indicated in the approved Master time schedule.

14. Time Schedule for Commencement of work Time allowed for carrying out the work as mentioned in the Memorandum shall be strictly

observed by the Contractor and it shall be reckoned from 10th day from the date of issue of LOA or handing over of possession of the site to the contractor whichever is later. The successful tenderer shall before commencing work prepare a detailed work program.

15. Program/Milestone:The Contractor shall prepare a detailed work progress schedule in the form of PERT CHART, for the whole work, within two weeks of the award of work, and seek the approval of the Engineering Consultant.

Any modifications required in the opinion of the Engineering Consultant, in the program so submitted, shall be duly incorporated by the Contractor, which shall form the basis to track the project.

The Contractor shall also submit his cash flow chart prior to commencement of work and at various stages of the construction.

Project Schedule with stage wise milestone is enclosed as Annexure – I




16. Progress Report: The Contractor shall submit progress report every week which shall indicate but not be limited to the following:

a. Bottleneck if any and action proposed.

b. Actual v/s planned progress in percent

c. Activities completed in the reporting period

d. On-going current activities

e. Critical activities to be undertaken and completed in current month

f. 4 weeks look ahead

g. Slippage’s and action proposed

h. Material procurement plan – indicating current stocks

In the event of overall slippage exceeding permissible limit as decided by the Engineering Consultant, the Contractor shall submit a report for the slippages and shall revise their planning schedule. The Contractor shall submit a report explaining course of action to be taken to overcome such slippage in future and steps taken to meet revised target dates.

17. Extension of the Intended Completion DateThe Engineering Consultant shall extend the Intended Completion Date if an inclusion of extra work occurs or a Variation is issued which makes it impossible for Completion to be achieved by the Intended Completion Date without the Contractor taking steps to accelerate the remaining work and which would cause the Contractor to incur additional cost.

The Engineering Consultant shall decide whether and by how much to extend the Intended Completion Date within 21 days of the Contractor asking the Engineering Consultant for a decision upon the effect of Compensation Event or Variation and submitting full supporting information. If the Contractor has failed to give early warning of a delay or has failed to cooperate in dealing with a delay, the delay by this failure shall not be considered in assessing the new Intended Completion Date.

18. Delays Ordered by the Engineering Consultant:

The Engineering Consultant may instruct the Contractor to delay the start or progress of any activity within the Works. The Contract be proceeded with all due diligence and if the Contractor fails to complete the work within the specified period he shall be liable to pay liquidated damages (not as penalty) as defined in clause 32 of the Conditions of Contract.

19. Rate to include Inspection and TestingThe rate should include cost of travel and accommodation for inspection /testing of equipment for a minimum of 3 persons representing owner/owner engineer/engineering consultant for being present at the base testing whether in India or aboard. The rate shall include for arranging inspection by chief electrical inspector and any statutory authority to inspect and approve the installations. Statutory fees has to be borne by the tenderer

20. Mobilization Activities:




The contractor shall in full earnest make the following arrangements required to attempt the works in a manner to aid completion within contract duration. Establishment of temporary site infrastructure such as

1. Water & power connections2. Procurement of clearance as per statutes to proceed with works3. Security & safety arrangements4. Deploy Tools, Equipments, machinery to commence works5. Required Ladder & scaffoldings, etc.,6. Set up flood lighting.7. Material store room.

The contractor before the commencement of mobilization period shall provide the engineering consultants a layout of such proposed temporary infrastructural facilities, for scrutiny & approval.

On completion of mobilization as per the engineering consultants’ instruction, the contractors shall have themselves issued with a certificate, stating COMPLETION OF MOBILIZATION, by the engineering consultants.

21. Billing Frequency: The contractor shall submit running bills for the extent of works completed once in every month

or for an amount not less than 15% of the contract sum, whichever is earlier, for due scrutiny by engineering consultants & further settlement by the owners .

22. Settlement of Contractors Bills & Adhoc Payment:22.1 The Contractor shall submit running bills as mentioned herein, to the Engineering Consultant

for acceptance, due scrutiny & further approval. The Engineering Consultant upon acceptance of bills from contractor shall immediately recommend certification for settlement of 60% of the amount claimed by the contractor as adhoc payment. The bill shall then be certified for full settlement by the Engineering Consultant not later than 15 days of acceptance of the bill.

The adhoc payment shall be effected by owners, not later than 10 days upon receiving Engineering Consultants certificate for payment. However the bills shall be settled in full not later than 30 days from the date of submission to the engineering consultant.

22.2 Terms of Payment:All payments by the Owner under this Contract will be made through banking channel within the specified period based on detailed recorded measurements and certification of bills by the Engineering Consultant.

All such interim / progressive payments shall be regarded as payment by way of advances against final payment only and shall not preclude the requiring of bad, unsound and imperfect or unskilled work to be rejected, removed, taken away and reconstructed or re-erected. Any certificate given by the Engineering Consultant / Ticel relating to the work done or materials delivered forming part of such payment, may be modified or corrected by any subsequent such certificate(s) or by the final certificate and shall not by itself be conclusive evidence that any work or materials to which it relates is / are in accordance with the contract and specifications. Any such interim payment, or any part thereof shall not in any respect conclude, determine or affect in any way powers of the EC / Ticel under the contract or any of




such payments be treated as final settlement and adjustment of accounts or in any way vary or affect the contract or right of the Owner under the terms of the contract.

22.3 Payment of part rates:Payment at part rates for the supply of materials, erection & testing against agreement rates may be made in the running account bills at the percentage quoted below The part rate to be allowed for an item shall be as assessed and decided by the Engineering Consultant for the extent of work done and whether the item could be completed in all respects as per specification within the balance amount available.

Full rate shall be released in subsequent bills on completion of the item of work in all respects as per specifications and the amount paid at part rate shall be duly deducted.

Payment on supply: 60% of accepted rate of item – Against delivery of all materials of item at site with purchase

Invoice. whichever is lower 25% of accepted rate of item – on erection. 10% of accepted rate of item – on testing and successful commissioning after erection and

handing over to the OWNER. 5% of accepted rate of item - as completion of all necessary documentation,

test certificates etc., as per contract.

Engineering Consultant shall certify the running account bills within 15 days from the date of submission of bills in complete shape by the Contractor with all required enclosures, attachments etc.

The Owner shall make payment within 30 days from the date of certification of bills by the Engineering Consultant.

Deductions in Interim Payments:a. 10% of the gross value of bill will be deducted towards retention money from each running bill

until the retention money amounts to 5 % of the contract sum of work.b. Any other applicable deductions as per Conditions of Contract.c. Other applicable deductions.

The Contractor shall submit his final bill for the works within one months of completion & handing over of works. The bill shall be based only on works as measured and at accepted agreement rates including rates for any additional or extra work which might have been sanctioned by the Owner. All deductions due under the contract shall be made.

Final bill PaymentThe contractors final bill shall be certified for settlement, with in 30 days upon acceptance and payments on this shall be effected with in 30 days thereon.

The Owner shall make payment for the final bill within one month from the date of certification of final bill by the Engineering Consultant and validation.

Deduction in Final bill:a. Applicable deductions as per Conditions of Contract.b. Any money recoverable from the Contractor.c. All interim payments effected and if any penalty applicable.d. Any other




23 Payment Certificates The Contractor shall submit to the Engineering Consultant monthly statements of the estimated

value of the work completed less the cumulative amount certified previously along with details of measurement of the quantity of works executed in a tabulated form as approved by the Engineering Consultant.

At end of the period of Interim Certificate named in the Contract data to these Conditions the Engineering Consultant shall issue a certificate stating the amount due to the Contractor from the Owner, and the Contractor shall be entitled to payment thereof within the period for honoring certificates named in the Contract data to these Conditions. Interim certificates of bills will be as per clause 23 of this volume.

The amount stated as due in an Interim Certificate shall subject to any agreement between the parties as to stage payments, be the total value of the work properly executed and of the materials and goods delivered to or adjacent to the work for use thereon up to and including a date not more than seven days before the date of the said Certificate less any amount which may be retained by the Owner (as provided in this clause of this Condition), provided that such certificate shall only include the value of the said materials and goods as and from such time as they are reasonably, properly and not prematurely brought to or placed adjacent to the work and then only if adequately protected against weather or other casualties.

The Owner may retain the percentage of the total value of the work, materials and goods referred to in this clause of this Condition which is named in the appendix to these Conditions as retention percentage. Provided always that when the sum of the amounts so retained equals the amount named in the said appendix as limit of retention fund, no further amounts shall be retained by virtue of this clause.

The measurement and valuation of the work shall be completed within the period of final measurement and valuation stated in the these Conditions, and the Contractor shall be supplied with a copy of the priced bills of variation not later than the end of the said period and before the issue of the Final Certificate under this Clause of this Condition.

Either before or within a reasonable time after Virtual Completion of the work the Contractor shall send to the Engineering Consultant all documents necessary for the purposes of the computations required by these Conditions including all documents relating to the accounts of Direct sub-Contractors and Suppliers.In the settlement of accounts,

The amounts paid or payable under the appropriate contracts by the Contractor to Direct sub-Contractors or suppliers,

The amounts paid or payable by virtue in respect of fees or charges for which a Provisional Sum is included in the Contract Bills,

Provided that no deduction shall be made in respect of any damages paid or allowed to the Contractor by any Sub-Contractor or supplier.

So soon as is practicable but before the expiration of the period the length of which is stated in the appendix to these Conditions from the end of the Defects Liability Period also stated in the said appendix or from completion of making good defects under clause 67 of these conditions or




from receipt by the Engineering Consultant of the Documents referred to in this Clause of these Conditions, whichever is the latest, the Engineering Consultant shall issue the Final Certificate.

The Final Certificate shall state:The sum of the amount paid to the Contractor under Interim Certificate and the amount named in the said appendix as limit of Retention Fund, and,

The Contract Sum adjusted as necessary in accordance with the terms of these conditions, and the difference (if any) between the two sums shall be expressed in the said Certificate as a balance due to the Contractor from the Owner or to the Owner from the Contractor as the case may be, and subject to any deductions authorized by these conditions, the said balance shall as from the fourteenth day after the issue of the said Certificate be a debt payable as the case may be by the Owner to the Contractor or by the Contractor to the Owner.

The said certificate shall be conclusive evidence in any proceedings arising out of this Contract that the works have been properly carried out and completed in accordance with the terms of this Contract and that any necessary effect has been given to all the terms of this Contract which require an adjustment to be made to the Contract sum, except and in so far as any sum mentioned in the said certificate is erroneous by reason of:-

Fraud dishonesty or fraudulent concealment relating to the works, or any part thereof, or to any matter dealt with in the said Certificate: or

Any defect (including any omission) in the works, or any part thereof which reasonable inspection or examination at any reasonable time during the carrying out of the works or before the issue of the said Certificate could not have disclosed: or

Any accidental inclusion or exclusion of any work, materials, goods or figure in any computation or any arithmetical error in any computation.

Save as aforesaid no Certificate of the Engineering Consultant shall of itself be conclusive evidence that any works materials or goods to which it relates are in accordance with this Contract.

All payments shall be subject to tax deduction at source in accordance with applicable law. The Contractor shall be responsible for payment of all duties and taxes, for which the Contractor shall not be entitled to any additional consideration.

24. Claim for Extra When any instruction or decision given at site involves extra work or where the Contractor may

plan to claim an extra, it shall be the responsibility of the Contractor to inform the Engineering Consultant of the extra amount and get written authorization from the Engineering Consultant and/or the Owner before proceeding with the work involved.

Any modification carried out for expediting or simplifying work at the request of the Contractor or his representatives shall not be taken as the basis for claiming an extra. However, if such modification shall also involve an extra rate, the rate for such modification shall be settled in advance with written authorization obtained by the Contractor from the Engineering Consultant before proceeding with the work involved. If no such information is given by the Contractor in writing to the Engineering Consultant such modification shall not be accepted as the basis for extra charge.




25. Unfixed Goods and Materials Unfixed materials and goods intended for, delivered to and placed on or adjacent to the work

shall not be removed except for use upon the work unless the Engineering Consultant has consented in writing to such removal which consent shall not be unreasonably withheld. Where the value of any such materials or goods has been included in any Interim Certificate under the Contract for which the Contractor has received payment, the title (but not the risk and possession) of or to such materials and goods shall pass to the Owner, the Contractor shall remain responsible for loss or damage to the same

26. Compensation Events

26.1 The following are Compensation Events unless they are caused by the Contractor:

(a)The Owner does not give access to a part of the Site by the Site Possession Date stated in the Contract Data.

(b)The Engineering Consultant orders a delay or does not issue drawings, specifications or instructions required for execution of works on time.

(c)The Engineering Consultant instructs the Contractor to uncover or to carry out additional tests upon work which is then found to have no Defects.

(d)The Engineering Consultant unreasonably does not approve for a subcontract to be let.

(e)Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of Letter of Acceptance from the information issued to Tenderers (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site.

(f) The effect on the Contractor of any of the Owner’s Risks.

(g)The Engineering Consultant unreasonably delays issuing a Certificate of Completion.

(h) Other Compensation Events listed in the Contract Data or mentioned in the Contract.

26.2 The Contractor shall not be entitled to compensation to the extent that the Owner's interests are adversely affected by the Contractor not having given early warning or not having cooperated with the Engineering Consultant.

27. Tax The rates quoted by the Contractor shall be inclusive of all applicable taxes that the Contractor

will have to pay for the performance of this Contract. Any change in the tax structure during the course of execution of this contract, shall be to the account of the contractor. The Owner will perform such duties in regard to the deduction of such taxes at source as applicable as per law.

28. Currencies All payments shall be made in Indian Rupees.

29. Insurance

29.1 All insurance policies required by the contractors shall be arranged & paid for by themselves. These policies shall be deposited with the Owner. The policies shall be in the joint names of the Owner and contractor. The Value of the CONTRACTOR’S ALL RISK POLICY (CAR), shall be that of the total value of works. The owner shall mention this overall amount to the contractor upon award of works to the contractor.




a) The contractor will be responsible for the premium in connection with extending the period(s) of insurance covers in the event that the contractor fails to complete the works within the stipulated time.

b) The Contractor shall be responsible for all injury or damage to persons, animals or things and for all damage to property which may arise from any act or omission on the part of the Contractor..

c) The liability under this clause shall cover also, 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 inclemency of weather.

d) The Contractor shall indemnify and keep indemnified the Owner and hold him 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 statute or otherwise and also in respect of any award or compensation or damage consequent upon such claim.

e) The Contractor shall, at his own expense, effect and maintain till the issue of the virtual completion certificate under this Contract, with an insurance company, a Plant & Machinery Policy of insurance including earthquake risk in the joint names of the Owner and the Contractor (the name of the former being placed first in the policy) against all risk by fire, burglary, strikes, riots and civil commotion and natural calamities like floods, earthquake, explosion etc. before commencing the works.

f) The Contractor shall reinstate all damage of every sort mentioned in this clause so as to deliver up the whole of the works complete and perfect in every respect and so as to make good or otherwise satisfy all claims for damage to property of third parties including neighboring buildings etc.

g) The Owner shall also be protected against all claims in respect of damages to third parties including the Owner’s staff, visitors, neighbors and other passers-by which may be made against the Owner by any person in respect of anything which may arise in respect of the works or in consequence thereof or due to accidents on account of the incidental risks which may occur during the execution of works and the Contractor shall, at his own expense, effect and maintain, until the virtual completion of the Contract, with an Insurance Company approved by the Owner a policy of Insurance in the joint names of the Owner and the Contractor (name of the former being placed first in the policy) against such risks and deposit such policy or policies before commencement of the works. The minimum limit of the coverage under the Policy shall be Rs. 5.00 lakhs (Rupees Five lakhs only) for every accident or occurrence, there being no limit on the number of such occurrences. The same shall have currency through the period of completion of all works as certified by the engineering consultants.

h) The Contractor shall also indemnify the Owner against all claims made upon the Owner, whether under the Workmen’s Compensation Act or any other statute in force during the currency of this Contract or at Common Law in respect of any employee of the Contractor or of any Sub-Contractor and shall at his own expense effect and maintain until the Virtual completion of the Contract, with an insurance company, approved by the Owner, a Policy of Insurance against such risks and deposit such policy or policies with the Owner from time to time during the currency of this Contract.

i) Transit Insurance: In respect of all items to be transported by the Contractor to the site of work, the cost of transit insurance shall be borne by the Contractor and the quoted price shall be inclusive of such cost.




j) All claim amounts against the policy shall be payable to the Owner and not to the Contractor. The Contractor shall keep the policy renewed from time to time until the Certificate of Completion is issued by the Owner. If at any time the policy so obtained and kept with the Owner expires, it shall be lawful for the Owner to stop further payments until the duly renewed policy is lodged with the Owner.

k) The Contractor shall be responsible for any liability which may not be covered by the Insurance Policies referred to above and also for all other damages to any person, animal or defective carrying out of this Contract, whatever may be the reasons due to which the damage shall have been caused.

l) The Contractor shall also indemnify and keep indemnified the Owner against all and any cost, charges or expenses arising out of any claim or proceedings relating to the works and also in respect of any award of damages or compensation arising there from.

m) Without prejudice to the other rights of the Owner against Contractor in respect of such default, the Owner shall be entitled to deduct from any sums payable to the Contractor the amount of any damages, compensation costs, charges and other expenses paid by the Owner and which are payable by the Contractor under this clause.

n) 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 monies received from the Insurer in respect of such damage shall be paid to the Contractor and for 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.

o) The Contractor, in case of re-building or reinstatement after fire, shall be entitled to such extension of time for completion as the Engineering Consultant 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.

p) Without prejudice to his liability under this clause, the Contractor shall also cause all Direct sub-Contractors to effect, for their respective portions of the works, similar policies of insurance in accordance with the provisions of this clause and shall produce or cause to produce to the Owner such policies. The Contractor shall not permit a Direct sub-contractor to commence work at the site unless the said insurance policies are submitted. In the event of failure of the sub-contractor to take out such a policy of insurance before commencing the works at the site, the Contractor shall be responsible for any claim or damage attributable to the said sub-Contractor.

q) The Contractor shall be responsible for the insurance of his plant, tools and equipment.

29.2 Injury to persons & property of owner

a) The Contractor shall be liable for and shall indemnify the Owner against any liability, loss, claim or proceedings whatsoever arising under any statute or at common law in respect of personal injury to or the death of any person whomsoever arising out of or in the course of or caused by the carrying out of the works, unless such claim arises due to any act or neglect of the Owner or of any person for whom the Owner is responsible.

b) Except for such loss or damages as is at the risk of the Owner, the Contractor shall be liable for and shall indemnify the Owner against any expense, liability, loss, claim or proceedings in respect of any injury or damage whatsoever to any property movable or immovable in so far as such injury or damage arises out of or is in the course of or by reason of the carrying out of the




works, and provided always that the same is due to any negligence, omission or default of the Contractor , his servants or agents or of any Sub-contractor, his servant or agent.

29.3 Insurance against Injury to Persons and PropertyWithout Prejudice to his liability to indemnify the Owner under clause 29 of these Conditions, the Contractor shall maintain and shall cause any Sub-Contractor to maintain:

Such insurances as are necessary to cover the liability of the Contractor or as the case may be of such Sub-Contractor, in respect of personal injuries or deaths arising out of or in the course of or caused by the carrying out of the work; and Such insurances as may be specifically required by the Contract Bills in respect of injury or damage to property movable or immovable arising out of or in the course of or by reason of the carrying out of the work, and caused by any negligence, omission or default of the Contractor , his servants or agents or, as the case may be of such Sub-Contractor, his servants or agents.

The Contractor shall produce or cause any Sub-Contractor to produce for inspection the relevant policy or policies of insurance together with the receipts in respect of premiums paid under such policy or policies as and when required so to do by the Engineering Consultant provided always that as and when may be reasonably required by the Engineering Consultant the production by either the Contractor or any Sub-Contractor of a current certificate of insurance from the company or firm which shall have issued the policy or policies aforesaid shall be a good discharge of the Contractor’s obligation to produce or to cause the production of the policy or policies and the receipts in respect of premium paid.

The Contractor shall maintain in the joint names of the Owner and Contractor for such insurances as may be required in respect of any expense, liability, loss, claim or proceedings which the Owner may incur or sustain by reason of injury or damage to property real or personal arising out of or in the course of or by reason of the carrying out of the work, and caused otherwise than by the negligence, omission or default of the Contractor , his servants or agents or any Sub-contractor, his servants or agents.

Any such insurance as is referred to in the immediately preceding paragraph shall be placed with insurers to be approved by the Engineering Consultant and the Contractor shall have to deposit with him the policy or policies and the receipts in respect of premiums paid for scrutiny by the Engineering Consultant.

Should the Contractor or any Sub-Contractor make default in insuring or in continuing to insure as provided in this clauses of these Conditions the Owner may himself insure against any risk with respect to which the default shall have occurred and may deduct a sum equivalent to the amount paid in respect of premiums from any monies due to or to become due to the Contractor.

29.4 Insurance of the Works against Fire Etc.a) The Contractor shall in the joint names of the Owner and themselves insure against loss or

damage by fire, storm, tempest, lightning, flood, earthquake, aircraft or anything dropped there from, aerial objects, riot and civil commotion for the full value thereof all work executed and all unfixed materials and goods intended for, delivered to and placed on or adjacent to the work, but excluding temporary building plant, tools and equipment owned or hired by the Contractor or any Sub-contractor and shall keep such work, materials and goods so insured until Virtual Completion of the work. Such insurances shall be with insurers approved by the Engineering Consultant and the Contractor shall deposit with the Engineering Consultant, the policy or policies and the receipts in respect of premiums paid: and should the Contractor make default in insuring or continuing to insure as aforesaid the Owner may himself insure against any risk




with respect of which the default shall have occurred and deduct a sum equivalent to the amount paid by him in respect of premium from any monies due to or to become due to the Contractor .

b) Provided always that if the Contractor shall independently of his obligations under this Contract maintain a policy of insurance which covers (inter alia) the said work, materials and goods against the aforesaid contingencies to the full value thereof then the maintenance by the Contractor of such policy shall if the Owner’s interest is endorsed thereon, be a discharge of the Contractor’s obligation to insure in the joint names of the Owner and Contractor and the production by the Contractor as and when may reasonably be required by the Engineering Consultant of a current certificate of insurance from the company or firm which shall have issued the said policy shall be a discharge of the Contractor’s obligation to deposit with the Engineering Consultant a policy or policies and the receipts in respect of premiums paid.

c) Upon settlement of any claim under the insurances aforesaid the Contractor with due diligence shall restore work damaged, replace or repair unfixed materials or goods which have been destroyed or damaged, remove or dispose of any debris and proceed with the carrying out and completion of the work. All monies received from such insurances shall be paid to the Contractor by installments under certificates of the Engineering Consultant issued at the period of interim certificates named in the appendix to these Conditions. The Contractor shall not be entitled to payment in respect of the restoration of work damaged, the replacement and repair of any unfixed materials or goods and the removal and disposal of debris other than the monies received under the said insurances.

d) All work executed and all unfixed materials and goods intended for, delivered to and placed on or adjacent to the works (except temporary buildings, tools and equipment owned or hired by the Contractor or any Sub-Contractor) shall be at the sole risk of the Contractor as regards loss or damage by fire, storm, tempest, lightning, flood, earthquake, aircraft or anything dropped there from, aerial objects, riot and civil commotion. If any loss or damage affecting the work or any part thereof or any such unfixed materials or goods is occasioned by any one or more of the said contingencies then:

e) The occurrence of such loss or damage shall be disregarded in computing any amounts payable to the Contractor under or by virtue of this Contract.

The Contractor with due diligence shall restore work damaged, replace or repair any unfixed materials or goods which have been destroyed or damaged, remove and dispose of any debris and proceed with carrying out and completion of the work. The restoration of work damaged, the replacement and repair of unfixed materials and goods and the removal and disposal of debris shall be deemed to be a variation required by the Engineering Consultant.

30. Retention: As a security for the due fulfillment of the contract by the Contractor, 10% (Ten Percent) of the value of work billed from first running bill onwards, subject to a maximum of 5% of the contract sum will be deducted & retained by the Owner. On the Engineering Consultant’s, certification of virtual completion of the works, 50% of the retention money would be released along with final bill and the balance 50% shall be refunded at the end of defects liability period commencing from the date of taking over by the Owner subject to the Engineering consultant certification or two (2) months after all defects pointed out have been rectified whichever is later. The amounts retained by the Owner shall not bear any interest.




31. Liquidated damages (not as a penalty) for non - completion The progress of work will be constantly monitored by the Owner / Engineering Consultant. Time is the essence of the contract and the project is time bound. The DG SET contractor shall provide sufficient work front to Other Specialist Contractor’s (as detailed under clause 49 of this document) in order to complete the overall project within the overall stipulated time of 5 months.

The Contractor shall prepare a detailed work progress schedule in the form of PERT CHART, considering the 5 months completion period, for the whole work, within two weeks of the award of work, and seek the approval of the Engineering Consultant.

Any modifications required in the opinion of the Engineering Consultant, in the program so submitted, shall be duly incorporated by the Contractor, which shall form the basis to track the project.

Should there be delay in completion of the work in accordance with the PERT. Chart submitted and approved, then the contractor is liable to pay to the owner liquidated damages (though not as penalty) for non- achievement of work progress schedule.

If the Contractor fails to complete the works within the specified period or within any extended time of these conditions and the Owner / Engineering Consultant certifies in writing that in his opinion the same ought reasonably so to have been completed, the Contractor shall pay or allow to the Owner a sum calculated at the rate stated in the appendix as agreed Liquidated damages (not as a penalty) for the period during which the said work shall so remain or have remained incomplete, the Owner may deduct such damages from any monies otherwise payable to the Contractor under this Contract.

The Contractor acknowledges and agrees that the sum specified above has been calculated by the parties as representing the likely daily loss to the Owner as a result of any delays, there being no other breaches under the Contract, and is accordingly by way of liquidated damages and not a penalty.

32. Virtual Completion and Defects Liability Period When in the opinion of the Engineering Consultant Works are practically completed, he shall forthwith issue a certificate to that effect and Virtual Completion of the Work shall be deemed for all the purpose of this Contract to have taken place on the day named in such certificate.

Any defects shrinkages or other faults which shall appear within the "Defects Liability Period" stated in the appendix to these conditions and which are due to materials and workmanship not in accordance with this Contract shall be specified by the Engineering Consultant in a Schedule of Defects which he shall deliver to the Contractor not later than 14 days after the expiration of the said Defects Liability Period and within a reasonable time after receipt of such Schedule the Defects Shrinkages and other faults therein specified shall be made good by the Contractor and (unless the Engineering Consultant shall otherwise instruct in which case the Contract Sum shall be adjusted accordingly) entirely at his own cost.

Notwithstanding clause of this Condition the Owners / Engineering Consultant may whenever he considers it necessary so to do, issue instructions requiring any defect, shrinkages or other fault which shall appear within the Defects Liability Period named in the appendix to these conditions and which is due to materials and workmanship not in accordance with this Contract to be made good and the Contractor shall within a reasonable time after receipt of such instructions comply with the same (and unless the Engineering Consultant shall otherwise instruct in which case the Contract sum shall be




adjusted accordingly) entirely at his own cost. Provided that no such instruction shall be issued after 14 days from the expiration of the said Defects Liability Period.

When in the opinion of the Engineering Consultant any defects shrinkages or other defaults which he may have required to be made good under this clause of this Condition shall have been made good he shall issue a certificate to that effect two months after the last notified defect had been rectified or the end of defects Liability period, whichever is later, and completion of makinggood defects shall be deemed for all the purposes of this Contract to have taken place on the day named in such certificates.

33. Alternative items: Special attention of the tenderer is drawn to the alternative items if any in the Bill of Quantities.

The rates for these alternative items shall be filled in without which the tender will not be considered. The Owner reserves the right to adopt any of the alternative items, either in scrutinizing and deciding upon the tender or later when the works are being executed. The amounts for alternative items if any shall not be included for totaling and carried over to summary.

34. Compensation to Contractor: The Contractor shall not be entitled to any compensation for any loss suffered by him on account

of delays in commencing or executing the work, whatever the cause of delays may be, including delays arising out of modifications to the work entrusted to him or in any sub-contract connected therewith or delays in awarding contracts for other trades of the project or in commencement or completion of such works or in procuring Government Sanctions or other building materials or in obtaining water and power connections for construction purposes or for any other reason whatsoever and the Owner shall not be liable for any claim in respect thereof . The Owner does not accept liability for any sum besides the tender amount, subject to such variations as are provided for herein.

35. Additional items: The successful tenderer is bound to carry out any item of work necessary for the completion of

the job even though such item(s) is or are not included in the quantities and rates. Schedule of instructions in respect of such additional items and their quantities will be issued in writing by the Engineering consultant with the prior consent in writing of the Owner.

36. Co-operation with other Contractors: The successful tenderer must co-operate with the other Contractors appointed by the Owner so

that the work shall proceed smoothly with least possible delay and to the satisfaction of the Engineering consultant.

37. Compliance of requirements of Local / Public Authorities: The successful tenderer must bear in mind that all the work shall be carried out strictly in

accordance with the Specifications and also in compliance of the requirements of the local/ public authorities and to the requirements of Owner and no deviation on any account will be permitted. The tenderer shall co-ordinate with Engineering Consultants & pay for & have issued all local bodies clearances necessary to carry out the works at Site of works. All fees & incidental expenses, if any shall be deemed to have been considered for , in contractors pricing & therefore no extra claims by contractors on these grounds shall be payable by the owner. Further, delay in obtaining any of the local bodies clearances, shall not the qualify the contractor for any extension of time.




38. Supply of materials:(a) The successful tenderer should make his own arrangement to obtain all materials required to

execute the work.

(b) Tenderer should keep his rates firm till the completion of work and there shall be no variation in prices.

39. Water and Power: (a) The rate quoted by the Contractor shall include expenditure for providing all the water required

for the works and the Contractor shall make his own arrangements for the supply of good quality water.

(b) Power shall be provided at one point by the Owner and usage charges shall be borne by the contractor at actual DBs, Energy meter, distributor cable etc shall be arranged by the Contractor. Any shortfall in quantum of electric power from Electricity Board’s supply shall be made up by necessary captive generators at site, which the Contractor shall install at site. All charges connected with installing, running and maintaining of the generators, including all statutory approvals shall be borne by the Contractor.

If no such facility is available at the site of work, or, if available and found inadequate, it shall be the responsibility of the Contractor to make his own arrangement for obtaining water and power at his cost. The power required for testing and commissioning of all other Contract works shall be arranged by the Contractor at a chargeable basis.

All temporary installations on the site shall comply with the TNEB Regulation for such Installations. All fees & incidental expenses, incurred for the purpose of obtaining temporary power for the works, shall be borne by the Contractor & his tendered contract sum shall be inclusive of all such expenditures. No extra claims on this account shall be payable to the contractor.

The Contractor’s Safety Engineer shall be responsible for ensuring that all temporary installations are installed and operated in a safe manner. Should the Engineering consultant discover on the works any temporary installation that is not in his opinion, up to standards, he will order its immediate disconnection at the Contractor’s cost and risk.

40. Safety Code:The Contractor shall strictly comply with the provision of safety code and safety manual annexed hereto. The Contractor shall keep the Owner fully indemnified against any claims or liabilities arising out of Contractor Contractor’s lapse in safety practices.

The Contractor shall employ and furnish to the Engineering consultant within two weeks of commencement of the works, the names of Safety Officer and Safety Supervisor who shall be responsible for all matters relating to overall safety at the site of works.

The Contractor shall report to the Engineering consultant details of any accident forthwith as soon as possible after its occurrence. In the case of any fatality or serious accident, the Contractor shall, in addition, notify the Engineering consultant immediately.




Instances of non-compliance to safety provisions called for as per this contract, by the contractor, shall warrant a penalty of Rs 2,000/ = (Rupees Two thousands only), for every instance recorded by the Engineering Consultants. These penalties shall be recovered from monies due to the contractor.

41. Forfeiture of Bank Guarantee and Retention Money: The amount covered by Bank Guarantee against performance submitted by the successful

tenderer and the Retention Money retained by the Owner under clause 30 of these instructions will be forfeited if the Contractor fails to comply with any of the condition of the Contract.

42. Plant, Machinery, Equipments etc. The successful tenderer / Contractor shall mobilize all tools, machineries, equipment etc. required

to adhere to the time Schedule of various activities and events as per Bar Chart / PERT Chart well in advance. All tenderers shall list out those items, considered adequate to keep up the programmed schedule separately in the format given below along with submission of tender.

43. Equipment: The Contractor shall indicate, as part of his tender submittal, a tools, Equipments & machinery

deployment schedule, considered for the works. The contractor shall ensure the availability of the said tools, Equipments & machineries as per this schedule. Non – compliance to this schedule, on the part of the contractor, shall Warrant the EC to initiate punitive action, deemed fit in his opinion & shall be binding on the contractor. The Contractor shall provide and install all necessary cranes, hoists, ladders, scaffolding, tools, etc., all transport for labour, materials and plant necessary for the proper execution and completion of the work to the satisfaction of the Engineering consultant .

44. Methodology43.1The tenderer shall indicate, methodologies considered for execution of items of work (which

have been costed for), as part of the tender submittal. If however upon award, the EC is of the opinion, that the earlier suggested & agreed methodology is inadequate to meet agreed time lines & quality standards, he shall suggest alternates to this methodology, for due acceptance & execution by the Contractor. In the event of such suggestion in change of methodology by the Engineering consultant, the contractor shall not be eligible for any extra claims what so ever.

43.2 During the course of this contract, if the Engineering consultant in his reasonable opinion (to make good delays if any, on the part of the contractor), is of the view, that plant & equipment, indicated & deployed as per the contractors submittal, needs to be augmented & plant equipment not considered earlier, needs to be deployed, then the Engineering Consultant’s decision on calling for extra plant & machineries shall be binding on the contractor, at no extra cost to the Owner.

45. Dismissal The Contractor on the request of the Engineering Consultant shall immediately dismiss from the

works any person employed thereon by him who may in the opinion of the Engineering Consultant be incompetent or misconducts himself and such person shall not be again employed on the work without the permission of the Engineering Consultant.

If in the opinion of the Engineering Consultant , any personnel of the contractor, lacks caliber or technical competency in delivering works , on the agreed time lines & quality standards , or repeatedly violates safety guidelines , he shall be immediately upon instructions from the




Engineering Consultant, be dismissed from the site , & shall not be re-deployed in future , in any other capacity.

46. Delegation The Engineering Consultant may delegate any of his duties and responsibilities to other people

except to the Adjudicator after notifying the Contractor and may cancel any delegation after notifying the Contractor.

47. Communications Communications between parties which are referred to in the conditions are effective only when

in writing.

48. Sub Contracting48.1 The Contractor may subcontract with the approval of the Engineering Consultant but may not

assign the Contract without the approval of the Owner in writing. Subcontracting does not alter the Contractor's obligations.

48.2 If any Direct sub-Contractor engaged upon the works at the site executes any works which in the opinion of the Engineering Consultant is not in accordance with the contract documents, the Owner may by written notice to the Contractor request him to terminate such sub-contract and the Contractor upon the receipt of such notice shall terminate such sub-contract and dismiss the sub-contractor(s) and the latter shall forthwith leave the works, failing which the Owner shall have the right to remove such Sub-Contractor(s) from the site.

49. Other Contractors49.1 The Contractor shall cooperate and share the Site with other contractors, public authorities,

utilities, and the Owner between the dates given in the Schedule of Other Contractors. The owner may modify the schedule of other contractors and shall notify the contractor of any such modification.

49.2 Other Specialist Contractors (a) For the following specialist trades, it is the intention of Owner to pre-qualify specialist agencies from which Owner will directly invite tenders on the basis of separate tender documents for each specialist trade to be prepared by the Owner. Owner will select the Specialist Contractors as listed below:

ELECTRICAL ( HT / LT ) installation works ACMV Works Plumbing Works Telecommunication & Networking System Building Management System Signage Others

(b) Specialist agencies for different trades, selected after finalizing all the terms and conditions, both commercial and technical will be informed and directed to do work and the selected agency will sign agreement with the Owner on the said terms and conditions. Such selected specialist agencies will be called as Other Specialist Contractors under and the Contractor shall extend all co-operations at site matters related to the execution of OTHER SPECIALIST CONTRACTOR




works. The Owner will have administrative control over the Other Specialist Contractors and contract will be between the Owner and the respective Specialist contractor.

In the performance of the Other Specialist Contractor contracts the responsibility, on the administrative, Technical & Execution part will be with the Engineering Consultants.

50. Personnel 50.1The Contractor shall employ the key personnel named in the Schedule of Key Personnel as

referred to in the Contract Data to carry out the functions stated in the Schedule or other personnel approved by the Engineering Consultant. The Engineering Consultant will approve any proposed replacement of key personnel only if their qualifications, abilities, and relevant experience are substantially equal to or better than those of the personnel listed in the Schedule.

50.2 If the Engineering Consultant asks the Contractor to remove a person who is a member of the Contractor’s staff or his work force stating the reasons the Contractor shall ensure that the person leaves the Site within seven days and has no further connection with the work in the Contract.

51. Owner’s and Contractor's Risks The Owner carries the risks which this Contract states are Owner’s risks, and the Contractor

carries the risks which this Contract states are Contractor’s risks.

Owner's Risks The Engineering Consultant may withhold or on account of subsequently discovered evidence

nullify the whole or a part of any certificate to such extent as may be necessary in his reasonable opinion to protect the Owner from loss on account of:

a) Defective work not remedied.

b) Failure of the Contractor to make payments properly to or Direct sub-Contractor or for materials or labour.c) A reasonable doubt that the Contract can be completed for the balance then unpaid.

d) Damage to another Contractor or Other Specialist Contractors.

e) Claims filed on reasonable evidence indicating probable filing of claims.

f) When the above grounds are removed payment shall be made for amounts withheld because of them.

52. Queries about the Contract Data The Engineering consultant will clarify queries on the Contract Data during Pre Tender Meeting.

53. Contractor to Construct the Works 53.1 The Contractor shall construct and install the Works in accordance with the Specification and

Drawings, and as per instructions of Engineering Consultant.

53.2 Resident engineer: The Contractor shall constantly keep on his work during its progress with required number of

qualified and competent (as opined by the Engineering Consultant) Resident Engineers who will be responsible for the carrying out of the works to the true meaning of the Drawings, Specifications and Bill of Quantities, Engineering Consultant’s instructions and directions to the




satisfaction of the Engineering Consultant. Any directions or instructions given to him by the Engineering Consultant shall be deemed to have been issued to the Contractor. Attention is called to the importance of requesting instructions from the Engineering Consultant before undertaking any work where Engineering Consultant directions or instructions are required. Any such work done in advance of such instructions will be liable to be removed.

54. Possession:54.1 The Owner shall give possession of all parts of the Site to the Contractor. If possession of a

part is not given by the date stated in the Contract Data the Owner is deemed to have delayed the start of the relevant activities and this will be a Compensation Event.

54.2 The Contractor shall be allowed admittance to the site on the ‘” first day of the mobilization period “stated in the Contract data and he shall thereupon and forthwith begin the work and shall regularly proceed with and complete the same on or before the ‘Date of Completion’ stated in the Contract data subject nevertheless to the provision for extension of time contained of these conditions. The Engineering Consultant may issue instructions in regard to the postponement of any work to be executed under the provisions of this Contract.

55. Access to the Site55.1 The Contractor shall allow the Engineering Consultant and any person authorized by the

Engineering Consultant access to the Site, to any place where work in connection with the Contract is being carried out or is intended to be carried out and to any place where materials or plant are being manufactured / fabricated / assembled for the works.

55.2 The Engineering Consultant / Owner and his / their authorized representatives shall at all reasonable times have access to the Works and to the workshops or other places of the Contractor where work is being prepared for the Contract and when work is to be so prepared in workshops or other places of a Sub-Contractor (whether or not a Other Specialist Contractors) the Contractor shall have a term in the sub-contract so as to secure a similar right of access to those workshops or places for the Owner / Engineering Consultant and his representatives and shall do all things reasonably necessary to make such right effective.

56. Instructions56.1 The Contractor shall forthwith comply with and duly execute any works comprised in such

instructions issued to them by the Owner/Engineering Consultant in regard to any matter in respect of which the Engineering consultant is empowered by these conditions to issue instructions provided always that verbal instructions, directions and explanations given to the Contractor or his work representative by the Engineering Consultant shall if involving a variation be confirmed in writing.

If within seven days after receipt of a written notice from the Engineering Consultant, requiring compliance with an instruction the Contractor does not comply therewith, the Owner may employ and pay other persons to execute any work whatsoever which may be necessary to give effect to such instructions and all cost incurred with such employment shall be recoverable from the Contractor by the Owner as a debt or may be deducted by him from any monies due or to become due to the Contractor under this Contract.

Upon receipt of what purpose to be instructions issued to him by the Engineering Consultant the Contractor may request the Owner to specify in writing the provision of these conditions which empowers the issue of the said instruction. The Owner shall forthwith comply with any such request, and if the Contractor shall thereafter comply with the said instruction, then the issue of




the same shall be deemed for all purposes of this Contract to have been empowered by the provision of these Conditions specified by the Owner in answer to the Contractor’s request.

56.2 All instructions issued by the Engineering consultant / Owners shall be in writing. Any instruction issued orally shall be of immediate effect, but shall be confirmed in writing by the Engineering consultant / Owners within seven days, and if not dissented by the Contractor within seven days the Contractor’s confirmation shall take effect as from the expiration of the latter said seven days.

Provided always, that if the Engineering consultant within seven days of giving such an oral instruction shall himself confirm the same in writing, then the Contractor shall not be obliged to confirm as aforesaid, and the said instruction shall take effect as from the date of the Engineering consultant’s / Owners confirmation and provided always that if neither the Contractor nor the Engineering consultant / Owners shall confirm such an oral instruction in the manner and at the time aforesaid but the Contractor shall nevertheless comply with the same, then the Engineering consultant / Owners may confirm the same in writing at any time prior to the issue of the Final Certificate, and the said instruction shall thereupon be deemed to have taken effect on the date on which it was issued.

57. Procedure for Disputes and Arbitration57.1. All disputes and differences of any kind whatsoever arising out of or in connection with the

Contract, whether during the progress of the works or during the Defect Liability Period shall be referred by the Contractor to the Engineering Consultant and the Engineering Consultant shall within a reasonable time after their presentation make and notify decisions thereon in writing. The decisions, directions, clarifications, measurements, drawings and certificates of the Engineering Consultant shall be final and binding upon the Contractor during the progress of the works 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.

57.2 If the Contractor is dissatisfied with the decisions of the Engineering Consultant or if the Engineering Consultant fails to make a decision on any reference within a reasonable time, then and if in any such case, the Contractor may after 90 days of the reference to the Engineering Consultant refer the matters to arbitration. The reference to arbitration shall specify the matters which are in question, dispute or differences and only such dispute or differences of which the demand has been made shall be referred to arbitration. Notwithstanding the reference to arbitration, the Contractor shall continue to duly perform his obligations under the Contract.

57.3 The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Each party shall appoint an arbitrator and the arbitrators so appointed shall appoint a presiding arbitrator. The language of the proceedings shall be in English. The governing law shall be the laws in the State of Tamilnadu and of India, as applicable. The venue of the arbitration shall be in Chennai.

58. Discrepancies on Contract Document Should there be any discrepancies, inconsistency, contradictions, errors or omission in the

contract documents or all of them, the matter shall be referred to the Engineering consultants / Owners for their decision, not later than 30 days from the date of work order which shall be final and conclusive and the Contractor shall carry out the work in accordance with such decisions.

59. Management Meeting




59.1 Either the Engineering Consultant or the Contractor may require the other to attend a management meeting. The business of a management meeting shall be to review the plans for remaining work and to deal with matters raised in accordance with the early warning procedure.

The Engineering Consultant shall record the business of management meetings and is to provide copies of his record to those attending the meeting and to the Owner. The responsibility of the parties for actions to be taken is to be decided by the Engineering Consultant either at the management meeting or after the management meeting and stated in writing to all who attended the meeting.

The Engineering Consultant / Owners will convene site meetings weekly at a pre-arranged time to discuss or problems which may have arisen or seem likely to arise during the course of the works.

The Engineering Consultant / Owners shall chair the meetings at which the Contractor’s and any other person whom the Engineering Consultant / Owners project Manager consider desirable, including the Contractor’s subcontractors shall be present, and the Contractor shall make all arrangements to ensure their presence.

The Engineering Consultant shall record the business of the meeting and shall arrange for copies to be distributed to all present prior to the next meeting.

Quality assurance records shall be produced during site meetings.

Site meeting will be called at regular intervals and the Contractors or his senior representative will be required to be present at such meetings to discuss progress of the work and other matters including any deviation from the drawings or specifications.

60. Early Warning60.1 The Contractor is to inform the Owner / Engineering Consultant at the earliest opportunity of

specific likely future events or circumstances that may adversely affect the quality of the work, increase the Contract Price or delay the execution of works. The Engineering Consultant may require the Contractor to provide an estimate of the expected effect of the future event or circumstance on the Contract Price and Completion Date. The estimate is to be provided by the Contractor as soon as reasonably possible.

The Contractor shall cooperate with the Owner / Engineering Consultant in making and considering proposals for how the effect of such an event or circumstance can be avoided or reduced by anyone involved in the work and in carrying out any resulting instruction of the Engineering Consultant.

The Contractor shall comply with and give all notices required by any Government authority, and instrument, rule or order made under any Act of Parliament or State Legislature or any regulation or Bye-law of any local authority relating to the work or with whose system the same is or will be connected. The Contractor before making any variation from the Contract Drawings or Contract Bills necessitated by such compliance shall give to the Engineering Consultant a written notice specifying and giving reasons for such variations and the Engineering Consultant may issue instructions in regard thereto. If within 10 days of having given the said written notice the Contractor does not receive any instructions in regard to the matters therein specified, he shall proceed with the work confirming to the Act of Parliament, or State Legislature instrument, rule, order, regulations or Bye-law in question and any variation thereby necessitated shall be deemed to be a variation required by the Engineering Consultant.




The Contractor shall pay and indemnify the Owner against liability in respect of any fees or charges (including any rates and taxes) as existing or future legally demandable under any Act of Parliament, or State Legislature instrument, rule or order or any regulation or Bye-law or any local authority in respect of the Work.

61. Joint Inspection:61.1 The Owner’s / Engineering Consultant’s representatives shall conduct joint inspection with the

Contractor’s authorized representative at every stage of the work, immediately upon completion of such stage of works. The purpose of the joint inspection is to observe and record any deviations from the specified tolerances / levels, plumb or any quality defects or any such issues which require immediate attention / action from the Contractor to make good or rectify such defects or observations jointly recorded. Such joint inspections can be held at any time as deemed fit and shall be binding on the Contractor to act upon and implement without any extra cost the directions arising out of such joint inspections. Failure / delay in holding such joint inspections shall not absolve the Contractor from his responsibilities to rectify any defects which may be subsequently noticed at any time after the respective stages of work.

(i). Delay by Inclement Weather:

The Contractor shall allow for inclement weather to occur throughout the contract period, and the preparation of the programme shall include a sufficient period to accommodate any delays to the works which may be experienced as a result of weather conditions.

62. Working hours, working on holidays and night work: 62.1 All works shall be carried out between the normal working hour of each working day as

adopted locally for similar works and also as per local labour regulations.

Permission of the Engineering Consultant, will be required should the Contractor wish to work outside normal working hours and on holidays. No extension of time may be granted should such permission be withheld for any cause.

Time is the essence of contract. To achieve the milestone completion dates, shift working and night working may become necessary.

In case night work is to be done due to the exigencies of the work, it is the Contractor’s responsibility to obtain advance permission from the Engineering Consultant and also the security staff specifying the number of persons who will be employed and duration.

To provide adequate area lighting for efficient execution of the work without accident risks and quality deterioration. The arrangements are to be the full satisfaction of the Engineering Consultant. The Contractor is wholly responsible for any accidents or bad quality of work due to inadequate arrangements made by him and he will fully indemnify the Engineering Consultant / Owner for any lapse.

The contractor shall avoid disturbance to neighbors.

No extra claim will be entertained for the overtime and night work and any expenditure incurred by him on this account.

63. Quality ControlQuality Assurance and Quality Control:




The Contractor shall strictly comply with Technical Specification and as per IE Rules.

Materials and WorkmanshipAll materials and workmanship shall be as per the relevant code of I.S. Specification and of approved type and the Contractor shall immediately remove from the works any material and/or workmanship which in the opinion of the Engineering Consultant are defective or unsuitable and shall substitute proper materials and/or workmanship at his own cost. The term approval used in connection with this contract shall mean the approval of the Engineering consultant.

The Contractor shall if required submit satisfactory evidence as to the kind and quality of material.

Where special makes or brands are called for they are mentioned as a standard. Others of equal quality may be used provided approval is first obtained in writing from the Engineering consultant. Unless substitutions are requested no deviation from the Specification will be permitted. Failure to propose the substitution of any article within 30 days after signing of the Contract will be deemed sufficient cause for denial of the request for substitution.

The Contractor shall indicate and submit evidence in writing of those materials or articles called for in the Specifications that are not obtainable for installation in the work within the Time Limits of the Contract. Failure to indicate the above, within 30 days after the signing of the Contract, will be deemed sufficient cause for the denial of request for the extension of the Contract time.

All materials shall be delivered so as to ensure a speedy and uninterrupted progress of the work. Such material shall be stored so as to cause no obstruction and so as to prevent overloading of any portion of the structure, and the Contractor shall be entirely responsible for damage or loss by weather or other cause.

Within 15 (Fifteen) days after signing the Contract, the Contractor shall submit for approval of the Engineering Consultant a complete list of all material he and his Sub-Contractors propose to use in the work of definite brand or make which differ in any respect from those specified; also the particular brand of any article where more than one is specified as a standard. He shall also list items not specifically mentioned in the Specifications but which are reasonably inferred and necessary for the completion of the work.

Inspection:

All materials and workmanship shall be subject to inspection, examination, and test by the Engineering Consultant at any and all times during manufacture and/or construction. The Engineering Consultant shall have the right to reject defective material and workmanship or require its correction. Rejected workmanship shall be satisfactorily replaced with proper material without additional charge therefore and the Contractor shall promptly segregate and remove the rejected material from the Works. If the Contractor fails to proceed at once with the replacement of rejected materials and / or the correction of defective workmanship, the Engineering Consultant may by contract or otherwise replace such materials and/or correct such workmanship and charge the cost thereof to the Contractor, or may terminate after giving reasonable notice the right of the Contractor to proceed further with the work.

The Contractor shall furnish promptly without additional charge all reasonable facilities, labour and materials necessary for the safe and convenient inspection and test that may be required by the Engineering consultant.

Test for Quality of Work:2017 36 ENGINEERING CONSULTANT:



All workmanship shall be of the respective kinds described in the Contract documents and in accordance with the instructions of the Engineering consultant and shall be subjected from time to time to such test at Contractor’s cost as the Engineering consultant may direct at the place of manufacture or fabrication or on the site or at all or any such places. The Contractor shall provide all facilities, assistance, instruments, labour and materials as are normally required for examining, measuring and testing any workmanship, materials as may be selected and required by the Engineering consultant.

All the tests that will be necessary in connection with the execution of the work as decided by the Engineering consultant be carried out at the cost of Contractor at Contractor’s site laboratory or Government or any other approved testing laboratory as directed by Engineering Consultant.

If any tests are required to be carried out in conjunction with the work or materials or workmanship not supplied by the Contractor, such tests shall be carried out by the Contractor as per instructions of Engineering consultant and cost of such tests shall be reimbursed by the Owner.

The mandatory tests may be carried out as per specifications in CPWD specifications.

If the Engineering Consultant instructs the Contractor to carry out a test not specified in the Specification to check whether any work has a Defect and the test shows that it does, the Contractor shall pay for the test and any samples. If there is no Defect the test shall be a Compensation Event.

64. DefectsThe Contractor shall make good at his own cost and to the satisfaction of the Engineering consultant, all defects, shrinkages or small faults, arising in the opinion of the Engineering consultant from work or materials not being in accordance with the Drawings or Specifications or Bill of Quantities or the Instructions of the Engineering consultant, which may appear within “Defects Liability Period” referred to herein.

Such defects, shrinkage shall upon directions in writing of the Engineering consultant , and within such reasonable time as shall be specified therein be amended and made good by the Contractor, at his own cost unless the Engineering consultant shall decide that he ought to be paid for such amending and making good and in case of default the Owner may employ and pay other Contractor to amend and make good such defects, shrinkage, settlements or other faults and all damages loss and expense consequent thereon or incidental thereto shall be made good and borne by the Contractor and such damage, loss or expense shall be recoverable from him by the Owner or may be deducted by the Owner upon the Engineering consultant’s certificate in writing from any amount due or may become due to the Contractor or the Owner may, in lieu of such amending and making good by the Contractor deduct from any moneys due to the Contractor a sum to be determined by the Engineering consultant as equivalent to the cost of amending such work and in the event of the Retention Amount being insufficient recover the balance from the Contractor, together with any expenses the Owner may have incurred in connection therewith.

Identifying Defects:

The Engineering Consultant shall check the Contractor's work and notify the Contractor of any Defects that are found. Such checking shall not affect the Contractor's responsibilities. The Engineering Consultant may instruct the Contractor to search for a Defect and to uncover and test any work that the Engineering Consultant considers may have a Defect. The contractor shall permit the Owner’s Technical auditor to check the Contractor’s work and notify the Engineering Consultant and Contractor of any defects that are found.




Such a check shall not affect the Contractor’s or the Engineering Consultant’s responsibility as defined in the Contract Agreement.

Correction of DefectsThe Engineering Consultant shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion and is defined in the Contract Data. The Defects Liability Period shall be extended for as long as Defects remain to be corrected. Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the length of time specified by the Engineering Consultant’s notice.

Uncorrected DefectsIf the Contractor has not corrected a Defect within the time specified in the Engineering Consultant’s notice, the Engineering Consultant will assess the cost of having the Defect corrected, and the Contractor will pay this amount.

Deduction for uncorrected workIf the Engineering Consultant deems it necessary to correct works, damaged or not done in accordance with the Contract, an equitable deduction based on market rates, as arrived by the engineering consultants, from the Contract price shall be made therefore.

Note: Where in certain cases, the technical specifications provide for acceptance of works within specified tolerance limits at reduced rates, Engineering Consultant will certify payments to Contractor accordingly.

65. Bill of Quantities The Bill of Quantities given in Contract Bill is provisional and is meant to indicate the intent of

the work and to provide a uniform basis for tendering. The Owner reserves the right to increase or decrease any of the quantities or to totally omit any item of work and the Contractor shall not claim any extras or damages on these grounds. Any error in description or in quantity or omission of items from the Contract Bill shall not vitiate this Contract but shall be treated as a variation.

The Bill of Quantities shall contain items for the construction, installation, testing, and commissioning work to be done by the Contractor.

The Bill of Quantities is used to calculate the Contract Price. The Contractor is paid for the quantity of the work done at the rate in the Bill of Quantities for each item.

66. Changes in Quantities 66.1 If the final value of the work done differs by more than 25% of Initial Contracted Price, the

Engineering Consultant shall adjust the rate to allow for the change. The accepted unit rates shall hold good for overall variation of +/- 25% in the total contract value. The contractor shall not be entitled to any compensation or claim due to such change(s) / order (s) by the owner. The contractor will only be paid for the actual quantity of works, for the above said variation at mutually agreed unit rates

66.2 If requested by the Engineering Consultant, the Contractor shall provide the Engineering Consultant with a detailed cost breakdown of any rate in the Bill of Quantities.




67. PRIME COST:The following provisions of these Conditions shall apply where Prime Cost sums are included in the Contract Bills or arise as a result of Engineering Consultant’s instructions given in regard to the expenditure of Provisional Sums in respect of any materials or goods to be fixed by the Contractor .

Such sums shall be understood to mean the net cost to be defrayed as a Prime Cost after deducting any trade or other discount and shall include sales-tax (where applicable) and other taxes and duties and the cost of packing carriage and delivery. Provided that where in the opinion of the Engineering Consultant the Contractor has incurred expense for special packing or special carriage such special expense shall be allowed as part of the sums actually paid by the Contractor.

Such sums shall be expended in favour of such persons as the Engineering Consultant shall instruct, and all specialists, merchants, tradesman or others who are by the Engineering Consultant to supply materials or goods are hereby declared to be the suppliers to the Contractor and are referred to in these Conditions as “Suppliers” provided that the Engineering Consultant shall not (save where the Engineering Consultant and the Contractor shall otherwise agree) nominate as a Supplier a person who will not enter into a contract of sale which provides (interalia) :-

That the materials or goods to be supplied shall be to the reasonable satisfaction of the Engineering Consultant.

That the Supplier shall make good by replacement or otherwise any defects in the materials or goods supplied which appear within such period as is therein mentioned and shall bear any expenses reasonably incurred by the Contractor as a direct consequence of such defects, provided that :

Where the materials or goods have been used or fixed such defects are not such that examination by the Contractor ought to have revealed them before using or fixing.

Such defects are due solely to defective workmanship or material in the goods supplied and shall not have been caused by improper storage by the Contractor or misuse or by any act or neglect of either the Contractor , the Engineering Consultant or the Owner or by any person or persons for whom they may be responsible.

That delivery of the materials or goods supplied shall be commenced and completed at such times as the Contractor may reasonably direct.

All payments by the Contractor for materials or goods supplied by a Supplier shall be in full, and shall be paid within 15 days from the end of the month during which delivery is made.

68. Variations, Provisional and Prime Cost Sum 68.1 The Engineering Consultant may issue instructions requiring a variation and sanction in

writing any variation made by the Contractor otherwise than pursuant to an instruction of the Engineering Consultant. Such variations shall be carried out by the contractor expeditiously. No variation required by the Engineering Consultant or subsequently sanctioned by him shall vitiate this Contract.




68.2 The term “Variation” as used in these Conditions means the alteration or modification of the design, quality or quantity of the work as shown upon the Contract Drawings and desired by or referred to in the Contract Bills, and includes the addition, omission or substitution of any work, the alteration of the kind of standard of any of the materials or goods to be used in the work, and the removal from the site of any works materials or goods executed or brought thereon by the Contractor for the purposes of the work other than work, materials or goods which are not in accordance with this Contract.

68.3 The Owner / Engineering Consultant shall issue instructions in regard to the expenditure of Prime Cost and Provisional Sums included in the Contract Bills and of Prime Cost Sums which arise as a result of instructions issued in regard to the expenditure of Provisional Sums.

68.4 All Variations required by the Owner / Engineering Consultant or subsequently sanctioned by him in writing and all work executed by the Contractor for which Provisional Sums are included in the Contract Bills shall be measured and valued by the Engineering Consultant who shall give to the Contractor an opportunity of being present at the time of such measurement and of taking such notes and measurements as the Contractor may require. The valuation of variations and of work executed by the Contractor for which a Provisional Sum is included in the Contract Bills, shall be made in accordance with the following rules, unless otherwise agree.

68.5 The price in the Contract Bills shall determine the valuation of work of similar character executed under similar conditions as work priced therein.

68.6 The said prices, where work is not of a similar character or executed under similar conditions as aforesaid, shall be the basis of prices for the same so far as may be reasonable, failing which a fair valuation thereof shall be made.

Where work cannot properly be measured and valued the Contractor shall be allowed day-work rates on the prices prevailing when such work is carried out (unless otherwise provided in the contract bills):

(i) At the rates if any, agreed to by the Owner in the Contract Bills or in the form of Tender or

(ii) When no such rates have been inserted, at the rates prevailing in the market for material and labour and at the control rates for the controlled materials including in all cases the rate for delivery of the material at the work.

68.7 Over and above the rate so worked out, Contractor’s overheads and profits at 15% (Fifteen Percent) percent shall be added and rate finally arrived for consideration and approval of the Owner. The above mentioned percentage to be added as overheads & profits to the basic rate analysis for new items / additional items of work shall include all site and office overheads & profits of the Contractor, all incidental and connected charges / expenditure. Whether direct or indirect, all taxes and levies including Central Excise duty, Sales Tax on Works Contract, VAT and similar liabilities which the Contractor may have to incur in the process of completing the said item of work and the said overheads & profits shall also include all infrastructure facilities, amenities, supervision, insurance etc.

68.8 Provided that in any case voucher specifying the time daily spent upon the work (and if required by the Engineering Consultant the workmen’s names) and the materials employed shall be delivered for verification to the Engineering Consultant or his authorized representative not later than the end of the week following that in which the work has been executed.




68.9 If upon written application being made to him by the Contractor , the Engineering Consultant is of the opinion that a variation or the execution by the Contractor of work for which a Provisional Sum is included in the Contract Bills has involved the Contractor in direct loss and/or express for which he would not be reimbursed by payment in respect of a valuation made in accordance with the rules contained in this Clause of the condition and if the said application is made within a reasonable time of the loss or expense having been incurred then the Engineering Consultant shall ascertain the amount of such loss or expense. Any amount from time to time so ascertained shall be added to the Contract Sum, and if an Interim Certificate is issued after the date of ascertainment any such amount shall be added to the amount which would otherwise be stated as due in such certificate.

69. Guarantees / Warranties:69.1 Wherever in this specification guarantees / warranties are called for the Contractor shall obtain

a written guarantee addressed to the Owner from the firm supplying the materials or doing the work or both, and shall deliver this to the Engineering consultant.

The guarantees shall be valid for at least the period specified measured from the date of Virtual Completion of the works (and not unless they coincide, the date of completion of the works relevant subcontract) and any defect which shall arise during this period shall be made good and any expense or other work entailed by either defects or the making good old defects shall be borne by the guarantor. Guarantees will not be enforced by the Owner / Engineering consultant during the Defects Liability Period during which time the relevant provisions of the Conditions of Contract shall apply.

69.2 Besides guarantees required elsewhere, the Contractor shall guarantee the work in general for one year as noted under the Conditions DLP.

All required guarantees shall be submitted to the Engineering consultant by the Contractor when requesting certification of accounts for payment by the Owner.

70. Cost of Repairs Loss or damage to the Works or Materials to be incorporated in the Works between the Start

Date and the end of the Defects Correction periods shall be remedied by the Contractor at the Contractor's cost if the loss or damage arises from the Contractor's acts or omissions.

71. Tolerance71.1 The Contractor shall exercise every care to ensure that all structural members are sufficiently

plumb and true to dimensions called for on the drawings to allow superstructure construction. The Contractor, in this regard shall make post construction survey and report as soon as the structural works for each floor are completed duly checking all the dimensions as cast, vertically of the columns / walls, levels of slabs / beam soffits / stairs etc. Defects noticed beyond permissible tolerance shall be made good as per the instructions of the Engineering Consultant. Rectification in the structural members or remaking or replacing shall be done at the risk and cost of the Contractor.

72. Completion and Defect Liability Period – Refer Paragraph 31 & 32

73. Taking Over




The Owner shall take over the Site after the Engineering Consultant issuing a certificate of Completion of entire works as per scope of contract works completed partly or floor wise will not be taken over unless completed in full shape as per contract.

74. Final Account The Contractor shall supply to the Engineering Consultant a detailed account of the total

amount that the Contractor considers payable under the Contract before the end of the Defects Liability Period. The Engineering Consultant shall issue a Free from Defects Certificate and certify any final payment that is due to the Contractor within 45 days of receiving the Contractor's account if it is correct and complete. If it is not, the Engineering Consultant shall issue within 45 days a schedule that states the scope of the corrections or additions that are necessary. If the Final Account is still unsatisfactory after it has been resubmitted, the Engineering Consultant shall decide on the amount payable to the Contractor and issue a payment certificate within 45 days of receiving the Contractor’s revised account.

75. As built drawings & Maintenance Manuals75.1 Three sets of as built drawings in hard copy & further one PDF format copied on to a CD shall

be issued by contractors to owners upon completion of the contract.

75.2 If the Contractor does not supply the Drawings and/or manuals by the dates stated in the Contract Data, or they do not receive the Engineering Consultant’s approval, the Engineering Consultant shall withhold the amount stated in the Contract Data from payments due to the Contractor.

76. Termination76.1 The Owner or the Contractor may terminate the Contract if the other party causes a

fundamental breach of the Contract.

76.2 Termination by the Owner a) Default If the Contractor shall make default in any one or more of the following respects, that is to say:-

If he without reasonable cause wholly suspends the carrying out of the works before completion thereof,

If he abandons the Contract,

If he fails to proceed regularly and diligently with the works,

If he fails to adhere to the agreed program of schedule,

if he refuses or persistently neglects to comply with a written notice from the Engineering Consultant requiring him to remove and redo / replace at his cost defective work or substandard work or improper materials or goods and by such refusal or neglect the work is materially affected,

If the progress of any particular item or items is slow,

If he has failed to execute the work in accordance with the terms and conditions of the Contract,

If he is persistently or flagrantly neglecting to carry out his obligation under the Contract,




If he fails to take steps to employ competent or additional staff and labour or to deploy additional tools and plants and equipments as required for scheduled completion of work.

Then the Engineering Consultant / Owner may give him a notice by registered post or recorded delivery specifying the default, and if the Contractor either shall continue such a default for 14 days after receipt of such a notice or does not commence and diligently to remedy such default with 14 days or shall at any time thereafter repeat such a default (whether previously repeated or not) or repudiates the Contract, then the Owner without prejudice to any other rights or remedies may within 10 days after such continuance or repetition of default by notice by registered post or recorded delivery forthwith determine the employment of the Contractor under this Contract, provided that such notice shall not be given unreasonably or vexatiously.

b) Bankruptcy of Contractor:-In the event of the Contractor

Becoming bankrupt or insolvent,

Making a composition or arrangement with or assignment in favour of his creditors,

Agreeing to carry out the Contract under a committee of inspection of his creditors,

Being a company, having a winding up order made or (except for purposes or reconstruction), a resolution for voluntary winding up passed, or a receiver or manager of his business or undertaking duly appointed or possession taken by or on behalf of the holders of any debentures secured by a floating charge, of any property comprised in or subject to the floating charge, the employment of the Contractor under this Contract shall be forthwith automatically determined but the said employment may be reinstated and continued if the Owner and the Contractor, his trustee in bankruptcy, liquidator, receiver or manager as the case may be shall so agree.

c. Corrupt Practice:-The Owner shall be entitled to terminate the employment of the Contractor under this Contract

If the Contractor shall have offered or given or agreed to give to any person any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any action in relation to the obtaining or execution of this Contract with the Owner, or

For showing or forbearing to show favour or disfavor to any person in relation to this Contract, or any other Contract with the Owner.

Or if the like acts shall have been done by any person employed by the Contractor or acting on his behalf (whether with or without the knowledge of the Contractor), or if in relation to this Contract or any other Contract with the Owner the Contractor or any person employed by him or acting on his behalf shall have committed any offence under the prevention of corruption act, or shall have given any fee or reward the receipt of which is an offence under the Local Government Act

76.3 Consequences:-In the event of the employment of the Contractor being terminated as aforesaid and so long as it has not been reinstated and continued, the following shall be the respective rights and duties of the Owner and Contractor.

The Retention money & Performance money shall stand forfeited in favour of the Owner.2017 43 ENGINEERING CONSULTANT:



The Contractor shall deliver to the Engineering Consultant all drawings and other documents made by or for the Contractor in connection with the Works.

The Owner may employ and pay other persons to carry out and complete the works and he or they may enter upon the Works and use all temporary buildings, plant, machinery, appliances, goods and materials intended for, delivered to and placed on or adjacent to the works and may purchase all materials and goods necessary for the carrying out the completion of the Works.

The Contractor shall if so required by the Owner or Engineering Consultant within 14 days of the date of termination assign to the Owner without payment the benefit of any Agreement for the supply of materials or goods and/or for the execution of any works for the purposes of this Contract but on the terms that a supplier or Sub-Contractor shall be entitled to make any reasonable objection to any further assignment thereof by the Owner. In any case the Owner may pay any supplier or Sub-Contractor for any materials or goods delivered or Works executed for the purpose of the Contract (whether before or after the date of determination), in so far as the price thereof has not already been paid by the Contractor . Payments made under this paragraph may be deducted from any sum due or to become due to the Contractor.

The Contractor shall as and when required in writing by the Engineering Consultant so to do (but not before) remove from the works any temporary buildings, plant, tool, equipments, goods and materials belonging to or hired by him. If within a reasonable time after any such requirements has been made the Contractor , has not complied therewith then the Owner may (but without being responsible for any loss or damage) remove and sell any such property of the Contractor, holding the proceeds less all costs incurred to the credit of the Contractor .

The Contractor shall not be released from any of his obligations or liabilities under the Contract prior to the date of termination.

The Contractor shall allow or pay to the Owner in the manner hereinafter appearing the amount of any direct loss and/or damage caused to the Owner by the termination. Until after completion of the works under this Clause the Owner shall not be bound by any provisions of this Contract to make any further payment to the Contractor , but upon such completion and the verification within a reasonable time of the accounts thereof the Engineering Consultant shall certify the amount of expense properly incurred by the Owner and the amount of any direct loss and/or damage caused to the Owner by the determination and if such amounts when added to the monies paid to the Contractor before the date of determination exceed the total amount which would have been payable on due completion in accordance with this Contract, the difference shall be a debt payable to the Owner by the Contractor and if the said amounts, when added to the said monies be less than the said total amount, the difference shall be a debt payable by the Owner to the Contractor .

76.4 Termination by contractorWithout prejudice to any other rights and remedies which the Contractor may possess, if the Owner does not pay to the Contractor the amount due on any certificate within the period for honouring Certificates mentioned in these Conditions and continues such default for 15 days after receipt by registered post or recorded delivery of a notice from the Contractor stating that notice of termination under this condition will be served if payment is not made within 15 days from receipt thereof; Or The Owner interferes with or obstructs the issuance of any certificate due under this Contract; Or The carrying out of the whole or substantially the whole of the uncompleted works (other than the execution of work required under clause 64 of these conditions) is suspended for a continuous period of more than 3 (three) months by reason of:




Force majeure, or Loss or damage occasioned by any one or more of the contingencies referred to in clause 77 of these conditions (if applicable) Or Civil commotion or by any injunction or other order of any Court of Law, Or Engineering Consultant’s instructions issued under clauses ( 10 ) of these conditions, Or The Contractor not having received in due time necessary instructions drawings, details or levels from the Engineering Consultant for which he specifically applied in writing on a date which having regard to the date of completion stated in the appendix to these Conditions Or to any extension of time when fixed under clause 17 of these Conditions was neither unreasonably distant from nor unreasonably close to the date on which it was necessary for him to receive the same, Or Delay on the part of Artists, Tradesmen or others engaged by the Owner in executing work not forming part of this Contract, or The opening up for inspection of any work covered up or of the testing of any of the work materials or goods (including making good in consequence of such opening up or testing) unless the inspection or test showed that the work materials or goods were not in accordance with this Contract.

Then Contractor may thereupon by notice by registered post or recorded delivery to the Owner and the Engineering Consultant forthwith determine the employment of the Contractor under this Contract; provided to such notice shall not be given unreasonably or vexatiously.

Upon such determination, then without prejudice to the accrued rights or remedies of either party or to any liability which may accrue either before the Contractor or any Sub-Contractor shall have removed his or their temporary buildings, plant, machinery, appliances, goods or materials or by reason of his or their so removing the same, the respective rights and liabilities of the Contractor and the Owner shall be as follows that is to say:

The Contractor shall with all reasonable diligence dispatch in such manner and with such precautions as will prevent injury, death or damage of the classes in respect for which before the date of determination he was liable to indemnify the Owner, remove from site all his temporary buildings, plant, machinery, appliances, goods and materials and shall give facilities for his Sub-Contractors to do the same but subject always to the provisions of this clause.

The Contractor shall deliver to the Engineering Consultant all drawings and other documents made by or for the Contractor in connection with the Works.

After taking into account amounts previously paid under this Contract the Contractor shall be paid by the OwnerThe total value of the works completed at the date of termination.

The total value of work begun and executed but not completed at the date of termination the value being ascertained mutatis mutandis in accordance with of these Conditions.

The cost of materials or goods properly ordered for the works for which the Contractor shall have paid or of which the Contractor is legally bound to pay, and on such payment by the Owner materials or goods so paid for shall become the property of the Owner.The reasonable cost of the removal under this clause.

Any direct loss and/or damage caused to the Contractor by the determination.

Provided that in addition to all other remedies the Contractor upon such determination may take possession of and shall have a lien upon all unfixed materials which may have become the property of the Owner until payment of all monies due to the Contractor from the Owner.

The Contractor shall not be released from any of his obligations or liabilities under the Contract prior to the date of termination.




77. Force Majeure: If at any time during the continuance of this Contract the performance by either party under this Contract of any of its obligations is rendered impossible by reasons of Force Majuere such as acts of God, flood, fire, earthquake, explosion, war, riots, civil commotion etc. (here-in-after referred to as Force Majeure) then, provided written notice of the happening of the event of Force Majuere is given by the affected party to the other within 15 days, of the occurrence thereof and provided that such event of Force Majeure has not resulted from the negligence or failure of the affected party to perform its obligations, the affected party shall not be liable for fulfillment of any of its obligations pursuant to this Contract during the continuance of the event of Force Majuere.

So soon as practicable, upon the cessation of the Force Majeure conditions, the affected party shall continue performance of its obligations under the Contract.

The affected party shall take steps to remedy and mitigate the effects of the Force Majeure event on its ability to perform its obligations under the Contract.

Time for performance of the relative obligation suspended by the Force Majeure shall then stand extended by the period for which such cause lasts.

If the Contract shall be terminated under the provision of the above clause, the Contractor shall with all reasonable diligence remove from the Site all the Contractor Contractor’s equipment and shall give similar facilities to his Subcontractors to do so.

Any extension of time granted by the Owner in terms of above clause, shall neither entitle the Contractor to any claim for increase in prices nor shall it release him from any of the obligations under the Contract. If the performance of the Contract as a whole is delayed by reason of the Force Majeure conditions continuing to persist for a continuous period exceeding 30 Working days, the Owner and the Contractor shall discuss the matter and decide to discontinue or to continue its execution on such terms as may be agreed upon.

The Owner shall not be held responsible or be called upon to make good any losses / costs incurred by the Contractor consequent to the happening of any of the event under clause above.

78. Suspension of Work Partly or Wholly The Contractor shall if ordered in writing by the Owner / Engineering Consultant,

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 during such suspension, properly protect and secure the work, so far as is necessary in the opinion of the Engineering Consultant.

If such suspension delays the progress of the work to such an extent as to cause additional expense or loss to the Contractor, the matter shall be mutually discussed and agreed to. As soon as the Contractor finds that such extra cost is likely to be involved on account of suspension of such work or part thereof he shall promptly notify the Owner accordingly, giving his estimates of such cost likely to be involved. Unless the Owner is so notified he shall not be bound to entertain any subsequent or delayed claims on this account. However, no compensation for the first cumulative period of 30 days of suspension of work shall be payable by the Owner to the Contractor. If the cumulative period of suspension of work exceeds 30 days, the Engineering Consultant shall settle mutually and arrive and determine on mutual agreement the amount of




compensation payable to the Contractor for the period beyond the initial cumulative suspension period of 30 days in fair and reasonable manner.

An extension of time for completion corresponding with the delay caused by any such suspension of work as aforesaid will be granted to the Contractor should he apply for the same provided that the suspension was not consequent to any default or failure on the part of the Contractor.

In case of suspension of work ordered in writing by the Owner / Engineering Consultant for a cumulative period of more than three (3) months, the Contractor shall have the option to terminate the Contract, provided that the suspension was not consequent to any default or failure on the part of the Contractor and that the Contractor shall exercise such option forthwith.

79. Payment upon Termination79.1If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the

Owner / Engineering Consultant shall issue a certificate for the value of the work done less advance payments received up to the date of the issue of the certificate, less other recoveries due in terms of the contract, less taxes due to be deducted at source as per applicable law and less the percentage to apply to the work not completed as indicated in the Contract Data. Additional Liquidated Damages shall not apply. If the total amount due to the Owner exceeds any payment due to the Contractor the difference shall be a debt payable to the Owner. Further, in such an event, the performance bond shall stand forfeited by the contractor.

79.2 If the Contract is terminated at the Owner's convenience or because of a fundamental breach of Contract by the Owner, the Engineering Consultant shall issue a certificate for the value of the work done, the reasonable cost of removal of Equipment, repatriation of the Contractor's personnel employed solely on the Works, and the Contractor's costs of protecting and securing the Works and less advance payments received up to the date of the certificate, less other recoveries due in terms of the contract, and less taxes due to be deducted at source as per applicable law. In such an event the performance money held by the owner shall be returned to the contractor, along with other settlement dues.

80. PropertyAll materials on the Site, Plant, Equipment, Temporary Works and Works are deemed to be the property of the Owner, if the Contract is terminated because of a Contractor’s default.

81. Release from PerformanceIf the Contract is frustrated by the outbreak of war or by any other event entirely outside the control of either the Owner or the Contractor the Engineering Consultant shall certify that the Contract has been frustrated. The Contractor shall make the Site safe and stop work as quickly as possible after receiving this certificate and shall be paid for all work carried out before receiving it and for any work carried out afterwards to which commitment was made. The performance money in such an event is returned by the owner in the form as it was submitted.

82. Fraud and Corruption82.1 The Owner requires the contractor to observe the highest standard of ethics during the

procurement and execution of contracts. In pursuit of this policy, the Owner:

(a) Defines, for the purposes of this provision, the terms set forth below as follows:




(i) “Corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the action of a public official in the procurement process or in contract execution;

(ii) “Fraudulent practice” means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract;

(iii) “Collusive practice” means a scheme or arrangement between two or more Tenderers, with or without the knowledge of the borrower, designed to establish Tender prices at artificial, non competitive levels; and

(iv) “Coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the procurement process or affect the execution of a contract;

(b) will cancel the portion of the loan allocated to a contract if it determines at any time that representatives of the Borrower or of a beneficiary of the loan engaged in corrupt, fraudulent, collusive or coercive practices during the procurement or the execution of that contract,

83. Severability:The invalidity of any portion of these Conditions shall not affect the remaining portions of these Conditions or any part thereof and these Conditions shall be construed as if such invalid portion or portions had not been inserted therein. The parties will replace an invalid provision or fill a gap with valid provisions, which most closely approximate the intent and economic effect of the invalid provision or, in case of a gap, the parties’ presumable intentions.

84. No Waiver: None of the terms or conditions of these Conditions shall be deemed or construed to have

been waived by either of the parties unless such waiver is set forth in a written instrument signed by a duly authorized executive of such Party.

85. Discrepancies on Contract Documents: Should there be any discrepancies, inconsistency, contradictions, errors or omission in

the contract documents or all of them, the matter shall be referred to the Owner/ Engineering consultants for their decision, which shall be final and conclusive and the Contractor shall carry out the work in accordance with such decisions.

86. Entire Agreement:The Contract Documents constitute the entire agreement between the parties as to the subject matter hereof and supersede any and all prior understandings between the parties on the subject matter hereof. The headings of these Conditions are for reference only and shall not be deemed to form part of these Conditions.

87. Headings: All headings and marginal notes in any part of Tender document are solely for the purpose of

facilitating reference and giving concise indication and not a summary of the contents thereof, and they shall never be deemed to be part thereof or be used in the interpretation or construction thereof or of the contract.

88. Singular / Plural:




In this contract document unless otherwise stated specifically, the singular shall include the plural and vice versa wherever the context so required.

89. Repetition of clauses: In this document certain clauses may be repeated in several sections. In case of any

discrepancy or contradictions, the same may be brought to the notice of the Owner / Engineering Consultant whose decision regarding interpretation shall be final and binding on the contractor

90. CRITERIA FOR SUBMISSION & EVALUATION OF TENDER Tender should contain the following particulars,

Covering letter

Earnest Money Deposit in the format required in a separate envelope.

Signed and sealed Tender documents shall comprise of

Volume 1 -- Notice inviting tender & pre qualification criteria

Volume 2 -- Conditions of Contract

Volume3 -- Technical specifications

Volume 4 -- Priced tender ( BOQ ) & Drawings

All Tender drawings shall be stamped and returned (Tender drawings may be submitted in separate envelope but super scribed as “Tender drawings returned”).

All technical submissions required at various parts of the Tender but not limited to the following (It is tenderer’s responsibility to ensure that all requirements of submittals as called for in Tender documents are complied with):-

Volume 1 of the Tender document, consisting of complete supporting document should be in a separate cover stating on the top of the cover as “Technical Tender” with the name of the Tenderer and the name of the work on top left hand corner.

All technical statements such as methodology for executing the works (apart from covering DG SET WORKS, the method statement is also required from the Tenderers on how DSCs will be monitored including co-ordination with independent specialist agencies, QA / QC, monitoring the progress so as to achieve completion by target date).

Organization Chart of Technical and support personnel to be exclusively assigned for this project at Head Office and at site with details on how Head Office and Site coordination / support will take place. These charts should also include full details of persons with their names, qualification and experience not only to carry out the items of work contained in the Tender documents

Procedures for QA / QC at all stages of the project for all trades of the DG SET WORKS.

Procurement plan with time schedule for procurement including sourcing details with supporting documents.

List for Supervisory staff, with full Curriculum Vitae, period of deputation, responsibilities assigned etc.




The Banker’s certificate should bring out specifically, the financial strength of the Tenderer to sustain the required cash flow / initial capital, working capital and other investments required for executing this work within the time schedule.

Equipment to be deployed for this project at site including date of deployment, period during which equipment will be deployed including age and condition of equipment, source etc.

Detailed time schedule with break-up from start to finish (the Time Schedule furnished in the Tender document is to be taken as a guideline). The tenderer is expected to elaborate on this and submit a detailed schedule with linkages to quantity / rate of production / outturn and labour deployed.

Any other submissions not listed above, but which may have been called for in any other part of this Tender documents (Tenderer to verify and ensure compliance). Tenderer is also required to verify and include items listed in “Check list of submission “.

In particular, the attention of the tenderers is drawn to the financial and legal status for which

supportive documents shall be submitted without any defect / ambiguity / deficiency. If the documents submitted contain any deficiency, the tender is likely to be rejected without warranting any further consideration.

Likewise, if it comes to the notice of the Owner that the tenderer has suppressed any information or furnished misleading or inaccurate information, or in case whether any litigation currently in progress at the time of submission of tenders lead to the decree by the Court of Law against the tenderer, the Owner reserves the right to nullify the qualification and to disqualify the tenderer at any stage of the project. If such information becomes available to the Owner prior to issue of Letter of Intent, the tenderer will be disqualified and will not be considered for award of work, even though the tenderer is eligible for LOA. If such information comes to the knowledge of the Owner after the award of work, the Owner reserves the right to terminate the Contract unilaterally at the total cost and risk of the tenderer and such action would include but not limited to forfeiture of all deposits, guarantees etc. furnished in any form. The Owner will also reserve the right to recover any Retention Money, Guarantees submitted, including invoking of the Performance Bond.

The tenderer shall be deemed to have waived rights if any that they may have or perceive to have as a result of their not being pre-qualified and shall not hold TICEL BIO PARK Ltd, for any loss they may have suffered due to their not being pre-qualified.

The second part of the Tender, namely Volume - 4 (Price Tender) (Original, duplicate and triplicate) should be submitted in a separate sealed cover superscribing “Cover 2 – Volume 4 – Price Tender”.

Owners will decide the time and place of opening of the Price tender and the names of tenderers whose Price tender will be opened on the basis of the method of evaluation described elsewhere in this section.

Both the covers, i.e. Cover 1 and Cover 2 should be put in a common cover, which should also be sealed and superscribing the name of work and name of Tenderer.

Evaluation Method: The method of evaluation will consist of three stages.

First Stage: In this stage:a) The Cover – 1 containing the EMD will be opened. If EMD is not submitted or is deficient,

TICEL Bio Park Ltd., reserves the right to reject the entire Tender submission.




b) For the documents downloaded from the website, If DD for Rs. 15,750/- (Inclusive of GST) is not enclosed towards the cost of purchase of tender while submitting offer, Owner will reject the said submission.

Second Stage: If the EMD submitted is acceptable, evaluation will be done on the Technical Tender to assess

whether substantive response has come from the Tenderers to the basic prequalification criteria and the queries in the Tender document and whether supported by documentary evidence as called for.

Third Stage:In the Third and final stage, the PRICE TENDER of only those TENDERERS who satisfy the basic eligibility criteria and pre-qualified for further processing and have substantively responded to queries will be opened.

Then the Tenderer who has complied with the tender conditions in full and the lowest price Tender will be chosen as the Lowest Tenderer for the award of work subject nevertheless to the rights of TICEL BIO PARK LTD., to call for clarifications and negotiations with the Lowest Tenderer before the award of work.

TICEL BIO PARK LTD., has got rights to negotiate with next eligible Tenderer in case the price Tender of the lowest Tenderer is found to be unreasonable or the details submitted by the L1 tenderer are not satisfactory to the owner.

If it is found that the Tenderer having been selected on the basis of his submissions and support documents thereof in Technical tender but after Award of Contract or during execution, his commitments of resources / levels of performance falls short from what has been promised in the technical tender, Owners, reserve the right to take any one or more of the following actions, as it deems fit:

(a) Cancel / terminate the contract at the cost and risk of the tenderer including re-Tender and award to another tenderer with all attendant consequences and responsibilities being put on the terminated contractor, including forfeiture of all bonds, guarantees, deposits etc.

(b) Engage additional labor either directly or through sub-contractors, if it is seen that the

Contractor fails to perform as committed in the technical tender, at the cost and risk of the Contractor.

(c) Procure or lease any equipment / formwork etc. in case of shortfall / deficiency at the cost and risk of the Contractor.

TICEL Bio Park Ltd, reserves the right to annul the process of Tender or to accept or to reject all or any of the Tenders without thereby incurring any liability to any applicant or any obligation to inform any participant of the grounds for its action or assigning any reasons thereof.

The Tenderer hereby agrees to abide by owner’s decision on eligibility and on all matters pertaining to this tender and undertakes not to resort to any actions either Legal or otherwise against Ticel bio park ltd, in this regard, including direct / indirect canvassing / influencing etc., Violation of this clause will lead to summary disqualification of the tenderer without any reference to them.




Signature of Tenderer

APPENDIX

91. SUMMARY OF NOTICE INVITING TENDER AND CONDITION OF CONTRACT

1 Date of Commencement of work 10 days from the date of issue of Letter of Award

2 Period of completion

5 months from the date of Commencement.The date of Letter of award or the site handed over to the contractor which ever is earlier, shall be treated as the date of contract and the date of commencement of work.

3 Liquidated Damages0.02% (Zero decimal zero two per cent) of the contract sum per day of delay subject to a maximum of 5% of the contract value.

The period of delay shall be as opined by the engineering Consultant which is final and binding on the contractor.

4 Defects Liability Period 12 ( Twelve ) months

5 Earnest Money DepositRs.2.20 Lakhs (Rupees Two lakhs twenty thousand only) by way of Bank Guarantee from a Nationalised Bank valid for 150 days from the last date of submission of tender

6Performance Bond6 a. Performance Bond for

capital Works.

10% (Ten Percent) of Contract sum in the form of Bank Guarantee, from a Nationalised Bank valid from date of commencement till the end of defects liability period plus six months.

7 Retention Money 10% of each running account bill, subject to a maximum of 5 % of the value of contract

8a Interim Payments On monthly Running Account bill submitted by the DG SET WORKS Contractor

8b Certification of Interim Bills As detailed in the conditions of contract elsewhere.

8c Payment of Interim Bills by the Owner As detailed in the conditions of contract elsewhere.

8d Period of Final measurement As detailed in the conditions of contract elsewhere.

8e Certification of final Bill by the Engineering Consultant As detailed in the conditions of contract elsewhere.

8f Payment of final Bill by the Owner As detailed in the conditions of contract elsewhere.

9 Limit of Variations of quantities or total value. Plus or Minus 25% of Contract Sum

10 Rate of Interest for delayed payment NIL

11 Escalation No escalation

Place :

Date : Signature of the Tenderer / Contractor.




92. SPECIAL CONDITION OF CONTRACT

1. GENERAL: The following clauses shall be considered as an extension and not in limitation of obligation of

the CONTRACTOR.

All expenses incurred by the tenderer in connection with obtaining information for submitting this tender including his visits to the site or efforts in compiling the tender shall be borne by the tenderer and no claims for reimbursement thereof shall be entertained.

2. ACCESS : The TENDERER should verify the site details including access, availability of water, power,

dumping ground etc. All contingencies connected with site and access are deemed to be catered for in the rates. The TENDERER shall submit along with his tender the details of his requirements of water, power etc. and how he proposes to obtain the same.

3. CONTRACT: This is an Item Rate contract. The TENDERER to finish the WORK consistent with true intent

and meaning of the drawings, and specifications.

The quantities mentioned in the bill of quantities are indicative and for guidance only. . 4. SUPPLY OF WATER AND ELECTRICITY

No water or electricity will be supplied for the WORKS and the TENDERER has to make his own arrangements for the same at his cost and the rates quoted for all the items of WORK shall cover for the same and no claim therefor in any form shall be entertained. The TENDERER shall be permitted to use the water and Power sources available if any at the site.

Tenderer is advised to study these clauses to acquaint himself of his obligations for provision of temporary water and electricity requirements for the purpose of construction of WORKS and all other requirements.

5. TENDER VALIDITY: The tender shall remain open for a period of 90 days from the date of receipt.

6. WORKS PROGRAMME: Time is deemed to be the essence of this contract. The period of completion of whole WORK

shall be as stated in the Appendix. Summary of Notice Inviting Tender and Conditions. The tenderer shall furnish full details about his/their construction management programme, co-ordination with different specialised agencies, programme schedule of various stages of construction with their bar chart/ pert chart/CPM chart to achieve the target date of completion.

The tenderer shall submit the list of resources available for the project along with resource loading Bar Chart indicating the following:

a) Activity description




b) Resource titlec) Total usage for period under consideration for overall project.d) Organisation Chart and responsibilities.

Tenderer must follow his planning schedule and must adhere to the targets / programmes by deploying adequate resources.

The Tenderer shall mobilise all plant, machineries, equipments etc. required to adhere to the time schedule of various activities and events as per Bar Chart/ Pert Chart /CPM Chart and well in advance.

The WORK shall proceed with as per programme schedule of various stages of construction shown in the bar Chart/Pert Chart/CPM Chart.

The Tenderer shall submit progress report every week which shall indicate but not be limited to the following:

a) Milestone of project accomplishment during the period under consideration.b) Bottleneck if any and action proposedc) Actual v/s planned progress in percentd) Activities completed in the reporting periode) On-going current activitiesf) Critical activities to be undertaken and completed in current monthg) 4 weeks look aheadh) Slippages and action proposed

In the event of overall slippage exceeding permissible limit as decided by the Owner’s / Engineering Consultant the Tenderer shall submit a report for the slippages and shall revise their planning schedule. The Tenderer shall submit a report explaining course of action to be taken to overcome such slippages in future and steps taken to meet revised target dates.

7. MAINTENANCE LIABILITY The duration of the maintenance period will be one year from the date of completion. The

Tenderer shall be responsible for maintenance and rectification of defects during this period. Any defects, deficiencies or failures noted during this period shall be rectified within 7 days of intimation in writing failing which the same will be done at Tenderer risk and cost. The Tenderer has to inspect the works once in every four months or often as called by the owner due to any exigencies.

8. MATERIALS AND SAMPLES Unless otherwise provided in the contract all the materials required for the WORK are to be

provided by the Tenderer.

The WORK shall be carried out using high quality materials and products from good source and reputed manufacturer respectively. The tenderers shall furnish the details of sources and manufacturers of materials and products, which they intend to use in the WORK if their tender is acceptable.

All mock ups / finishes / quality shall be approved by Owner/ Owners Engineer/ Engineering Consultant




Quality assurance should be strictly adhered to. All materials are subject to inspection and approval of the Owner / Engineering Consultant before use in the WORK. All WORKS carried out and materials supplied shall conform to relevant latest Indian Standard Specification.

The Tenderer shall furnish the OWNER for approval adequate samples of all materials to be used in WORK and to permit tests and examinations thereof. All materials used in the WORK shall be strictly as per approved samples and approved make.

All materials which are rejected shall be forthwith removed from the site.

9. TESTING OF MATERIALS The testing of materials shall be carried out by approved laboratories at the Tenderer cost and

the results will be binding. The test results in original will be sent to the OWNER by the laboratory and a copy of the same sent to the Tenderer.

10. TESTING OF WORK AND MATERIAL: The Tenderer shall arrange to test materials and / or portions of the WORKS in field laboratory

and also in other approved laboratories at his own cost in order to prove their soundness and efficiency. If after any such test the WORK or portion of WORKS is found in the opinion of the Owner/ Owners Engineer/ Engineering Consultant to be defective or unsound, the Tenderer shall pull down and redo the same at his own cost. Defective materials shall immediately be removed from the site.

11. ERRORS IN THE SUBMISSIONIn case of any errors, which increase or decrease the amount of any item, the same shall be corrected.

Any error in the submission shall not vitiate or release the Tenderer from his obligations.

In the event of discrepancy between description in words and figures, the description in words shall prevail.

12. LABOUR RATES AND LABOUR PAYMENTS

All the acts and rules regarding payment and other conditions of employing labours on the WORK shall be binding on the Tenderer. The provisions of Workmen's compensation Act are also binding on the Tenderer, who shall be responsible for making all payment due under the Act.

13. SUPERVISORY STAFF

The TENDERER shall engage on the WORK a qualified and experienced Engineer, capable of managing and executing the WORK properly. This Engineer shall be authorised by the Tenderer in writing to receive the orders issued by the OWNER from time to time. The Tenderer shall be responsible for carrying out these orders promptly.

14. ACCIDENTS

Should any accident, fatal or otherwise occur during the execution of WORKS, the DG SET WORKS TENDERER shall keep the OWNER fully indemnified against all risks, claims, litigation’s and financial burdens arising out of the same. The OWNER shall be kept fully informed.




15. PRICE The tender is for item rate contract and shall be quoted for the complete scope of WORK described in the bill of quantities, drawings, specifications etc. and the Tenderer shall finish the WORK consistent with true intent and meaning of the drawings and specifications.

The quantities mentioned in the bill of quantities are indicative and for guidance only. The tenderer has to study and satisfy himself the quantities required to complete the project and quote accordingly.

All materials, labour, tools and tackles, erection equipment will be to TENDERER'S account.

The price should include excise duty, and all other applicable taxes and duties and taxes, octroi etc. Service tax and cess thereon as applicable will be paid extra.

The price quoted should be firm and all inclusive for the entire period of contract. No claim shall be entertained for any revision.

No escalation in accepted rates due to increase in prices of materials, labour, transport, hire charges of plant and machineries, fuels, taxes and duties or levies any future new taxes, duties, levies etc.( - except Service tax and cess thereon - ) or any other causes or reasons direct or indirect will be accepted by the Owner, and rates accepted shall remain firm till the completion of the contract.

16. PRIME COST The following provisions of these conditions shall apply where Prime Cost sums are

included in the Contract Bills or arises as a result of Owner’s Engineers / ENGINEERING CONSULTANT’S instructions given in regard to the expenditure of provisional Sums in respect of any materials or goods to be fixed by the Tenderer.

Such sums shall be understood to mean the net cost to be defrayed as a Prime Cost after deducting any trade or other discount and shall include sales-tax & V.A.T (where applicable) and other taxes and duties and the cost of packing carriage and delivery. Provided that where in the opinion of the Owner’s Engineers / ENGINEERING CONSULTANT, the Tenderer has incurred expense for special packing or special carriage such special expense shall be allowed as part of the sums actually paid by the Tenderer.

Such sums shall be expended in favour of such persons as the Owner’s Engineers / ENGINEERING CONSULTANT shall instruct, and all specialists, merchants, tradesman or others who are nominated by the Owner’s / ENGINEERING CONSULTANT to supply materials or goods are hereby declared to be the suppliers to the Tenderer and are referred to in these conditions as "Nominated Suppliers" provided that the Owner’s / ENGINEERING CONSULTANT shall not (save where the Owner’s / ENGINEERING CONSULTANT and Tenderer shall otherwise agree) nominate as a supplier a person who will not enter into a Contract of sale which provides (inter alia) :-

That the materials or goods to be supplied shall be to the reasonable satisfaction of the Owner’s / ENGINEERING CONSULTANT.




That the nominated supplier shall make good by replacement or otherwise any defects in the materials or goods supplied which appear within such period as is therein mentioned and shall bear any expenses reasonably incurred by the Tenderer as a direct consequence of such defects, provided that :

Where the materials or goods have been used or fixed such defects are not such that examination by the Tenderer thought to have revealed them before using or fixing.

Such defects are due solely to defective workmanship or material in the goods supplied and shall not have been caused by improper storage by the Tenderer or misuse or by any act or neglect of either the Engineering Consultant or the OWNER or by any person or persons for whom they may be responsible.

That delivery of the materials or goods supplied shall be commenced and completed at such times as the Tenderer, may reasonably direct.

17. DRAWINGS:Two copies of all drawings, the Schedule of Quantities and Specification shall be furnished by the OWNER to the Tenderer for his own use until the completion of the Contract.

All important drawings are to be mounted on boards and placed in racks and indexed.

Construction work shall be executed only as per the latest revision drawing. Once a revision drawing is issued, the validity of the previous revision drawing stands cancelled and as such construction shall not be carried out as per superseded revisions. The Tenderer is expected to archive all previous revision issues immediately upon issue of a new revision and no superseded drawing shall remain in the site of works except in the Tenderer’s archives for record and reference purposes only. While archiving superseded drawing, the Tenderer is expected to stamp the drawing suitably mentioning the date and revision number of the new revision on account of which the previous revision is archived. The Tenderer shall allow the representative of Owner’s Engineer / Engineering Consultant to inspect Tenderer’s archives for ensuring compliance.

Any work carried out by the Tenderer using a superseded drawing after the issue of a new revision is liable for rejection and reinstatement as per new revision at Tenderer’s risk and cost. No extension of time is admissible on this account.

18. DOCUMENTATION:

The Tenderer shall submit the following guarantee certificates and documents before submission of Final Bill:

a) As – built drawings. b) Material Test Reports as called for.

c) Structural steel welding and jointing test reports.d) Any other Material and work inspection reports called for by Owner/ Engineering Consultant as found necessary.

All Tenderers are expected to note the aforesaid provisions before Tenderding for the work and cover their rates to fulfill obligations as called for.

19. All terms & conditions stipulated in the Tender documents are strictly applicable and in addition, the following conditions are applicable:




1) As the site work is in a potentially hazardous area, it is of paramount importance to ensure all works are done in a professional manner giving top priority to Safety.

2) Any safety violation shall lead to immediate stoppage of work and cancellation of contract.

3) All extra items not contemplated in the original tenders should be claimed with rate analysis data and certified by the Engineer-in-charge

4) ESI, PF shall be paid by the Tenderer under the TENDERER’S company code, and documents shall be made available for the inspection of OWNER / ENGINEERING CONSULTANT.

5) All in-coming and consumable materials are to be tested for Quality Assurance and the Certificates are to be produced to OWNER / ENGINEERING CONSULTANT.

6) All Tenderer Employees like Site Engineer, Supervisor, Store-keeper and Construction Workmen should be aware of the OWNER’S Safety Policy , EHS and Project Management Guidelines as relevant to the work site like Work permits, usage and maintenance of Personal Protective Equipments , Ladder and Plat forms etc.

7) Before commencing the job, the Tenderer should submit the method statement for each construction activity detailing the safety measures taken.

8) All workers whosoever coming under ESIC & PF should not work for more than 8 hrs. in a day. However work can continue in multiple shifts with different sets of Employees

9) On any given day and time the number of workmen at site should not exceed the number for which RC has been obtained from the Inspector of Factories.

10) The Tenderer shall maintain separate attendance register (Form-F) and Wage Register (Form-XVII) as per Statutory Format and minimum wages as per the labour regulations have to be paid

11) None of the Employees should work for more than 6 days a week and the 7 th day , he or she has to be given weekly “off”.

12) Child labour is not permitted.

13) Labour should not be construed as OWNER’S labour or employee.

14) The under mentioned Records to be maintained for Inspection by the E.C. and to be handed over at various stages of construction /as and when demanded

Manufacturer’s test certificates and other test certificates for all applicable items as per Project Management guidelines of OWNER, and all tests to be performed as detailed in tender documents..

I hereby agree to adhere to above terms and conditions:

20. Watchmen: The Tenderer shall make his own security arrangements to guard the Site and premises at all

times, at his own expense. The security arrangements shall be adequate to maintain strict control on the movement of material and lab our. The Tenderer shall extend the security




arrangements to guard the material stored / fixed in position and completion till handing over finished work to TICEL.

21. Storage of Materials:

The Tenderer shall provide, erect and maintain proper sheds for the storage and protection of the materials etc. and also for the execution of Work which may be prepared on the Site.

22. House keeping: The Tenderer shall be required to maintain the site and surroundings in a neat and orderly

manner, free of accumulating debris, avoid haphazard stacking of materials, unhygienic and unsafe environment, cleaning of the site at all levels inside and outside, removal of unwanted materials, parking cases etc., shall be undertaken once on daily basis. The Tenderer shall nominate the Safety Officer to be responsible for housekeeping, on the first day of commencement of works.




93. SPECIAL CONDITIONS / INSTRUCTIONS

GENERAL:

Special Conditions of Contract shall be read in conjunction with the General Conditions of Contract, Specifications of work, Drawings and any other documents forming part of this Contract wherever the context so requires. These clauses shall be considered as an extension and not in limitation of obligation of the Contractor.

1. Two Cover System

The Tender shall be of two part Tender system, as described elsewhere in the Tender document. The submission of Tender shall comply with the requirements as detailed in the two part Tender-system. The Price Tender of only technically acceptable pre-qualified Tenders will be opened and evaluated.

2. Tender Evaluation:

Please refer for Tender Criteria and Methodology for Evaluation of Tender described elsewhere.

3. Site Visit :

The Tenderer shall inspect the site and obtain required details for proper execution of work successfully within the specified time limit. The responsibility for obtaining all such data / details rests with the Tenderer and no claim to extra at a later date will be entertained by Owner due to the failure of the Tenderer to make sufficient investigation prior to Tender.

The Tenderer shall investigate the following items during the site inspection referred above and to provide in his Tender rates for assuming full responsibility for services and amenities there for, which will not be payable separately by the Owner .

Availability of power for construction.

Availability of water for construction.

4. Adequacy of space for Site Office accommodation :

Adequacy of space within the site required for construction purposes as well as for stacking material, fabrication yard, erection of site office, field laboratory, sheds for generator, compressor etc. essential during construction period and any other connected requirements specifically not mentioned herein or otherwise shall be taken care of by the Tenderer. The Tenderer should make his own arrangements for all the above requirements. The Contractor shall arrange for labour camp outside the site, transportation of labour, materials etc. and the cost incurred thereon should be covered within the quoted rates.

5. Taxes and Duties: Tenderers shall include in their quoted rates all taxes and duties as applicable and payable by him on the date of submission of Tender., and Labour services, all taxes and duties, levies etc.




6.a Shop Drawings / Coordination Drawings / Record drawings:

After the award of contract, the contractor shall furnish samples / shop drawings for the approval of the Engineering Consultant with such promptness

as to come no delay in his work or in that of any other subcontractor. Sample / Shop Drawings shall be delivered as directed by Engineering Consultant. A Schedule for the submission of Sample / Shop Drawings are detailed in Annexure-I enclosed.

The Engineering Consultant shall check and approve such sample / Shop Drawings as mentioned in the schedule with reasonable promptness conformity with design concept of the project and for compliance with information in the contract documents and technical Specification. The work shall be in accordance with approved Sample / Drawings.

For all items of works the Contractor shall arrange to prepare fully detailed shop drawings / fabrication drawings and material specifications for specialist works and submit the same in adequate copies for Owner / ENGINEERING CONSULTANT prior approval along with soft copy in the CD. All shop drawings shall reflect the design intent as provided in the construction drawings and shall not be deviated without prior permission. The shop drawings shall be based on the actual site conditions and shall take into account all coordination as may be required in order to avoid any clash or interference with other service lines or any other building features. The shop drawings shall be fully supported by necessary design calculations wherever applicable or as directed by the Owner’s Engineers / ENGINEERING CONSULTANT. Such design calculations shall be carried out by a competent agency and shall also comply with relevant British / Indian / International standards as applicable. Wherever so required, the Owner reserves the right to demand a certificate as to the correctness of the design to be issued after verification by an independent proof checking agency whom the Owner may either approve or nominate.

All charges for preparing the shop drawings, coordination drawings, preparation of design, getting the same proof checked including carrying out any other modifications as necessary shall be fully covered in the quoted rates and no extra shall be payable for adherence of the above requirement.

Contractor shall also be required to submit within one month of completion of respective works, fully detailed As-Built drawings to explain the installation in totality. Such as-built drawings shall be submitted by the Contractor to the Owner / Engineering Consultant in triplicate. After scrutiny and observations by the Owner / Engineering Consultant, the drawing given shall be required to be obtained for a final amended as-built drawing and the final version thereof submitted in hard copy format in triplicate as well as electronic format in AutoCAD Release -13 / Release – 14 in CD ROM.

RECORD DRAWINGSThe Supply, Installation, Testing and Commissioning of 2000KVA Diesel Generator Set and Associated works Contractor shall make accurate records of those parts of the Works which will become hidden by further progress, as may be directed by the Owner’s / ENGINEERING CONSULTANT. Such records shall be checked and verified by the Owner’s Engineers / ENGINEERING CONSULTANT while the work is open for inspection. Records shall be entered by the Contractor on prints of drawings which will be made available to him for this purpose, amplified by him with supplementary dimensioned sketches and handed to the Owner’s / ENGINEERING CONSULTANT as soon as practicable. All costs and expenses in connection therewith shall be borne by the Contractor.




6 b. Performance Bond and Retention Money The Contractor, within 7 days from the date of issue of LOA, shall submit a Performance Bond as described elsewhere in the Tender / contract, at the specified percentage calculated on the value of the Tenderer works work

The Performance Bond for the DG SET WORKS submitted by the Contractor to the Owner shall be held by the Owner as specified in the conditions described elsewhere and the release of the Performance Bond Bank Guarantee shall also be handled in a manner specified elsewhere in the contract documents.

The return of retention money will be made in a manner specified else where in the contract conditions.

7. Permission from Statutory Body:

Permission required to be obtained from local Government and connected bodies for establishing the site office and executing the work shall be Tenderer’s responsibility.

8. Labour Regulations:

All rules and regulations of labour department, contract labour laws, Provident Fund & ESI and connected laws, Comprehensive All risk Insurance requirements and all other laws of the land are to be complied with by the Tenderer.

9. Important Provisions :

The following important provisions in the Tender shall be noted before quoting for the work

a) Performance Bond in the form of Bank Guarantee from a Scheduled Bank

Furnishing Bank Guarantee as Performance Bond in format appended, as envisaged in paragraph 8 in Conditions of Contract within 7 days from the date of issue of LOA from Owner

b) Liquidated Damages (not as penalty) for delayed completion as envisaged under clause 32 of the Conditions of Contract and as specified under summary of Notice Inviting Tender and Condition of Contract.

c) Payment terms for the materials brought to site,

d) Retention money from payment of Running account bills at 10% of the bill value until it amounts to 5% of contract value as envisaged in paragraph 31 of Conditions of Contract.

e) List of approved make(s) / manufacturer as enclosed in Technical Specification Volume -

3

The approved makes wherever listed in the Tender documents are the preferred makes, based on their performance, reputation etc. The Tender are allowed to offer




equivalent alternatives, provided the Tenders can guarantee performance equal to that of the listed products. The final choice of approving the make of any product will however rest with the ENGINEERING CONSULTANT and his decision shall be final and binding on the successful Tenderer. The Tenderers are required to indicate on a separate annexure a list of items furnishing details of the manufacturer’s name, conformity to IS / International Standards etc. for each product. Even where the Tenderers intend to use the same make as per approved list, the name(s) shall be repeated in the annexure. The Tenderers are allowed to furnish names of two manufacturers for each product in the order of preference. The Owner shall review the list furnished by the Tenderers and if the Owner is not satisfied with the make of the any particular item, the Owner shall reserve the right to insist on the desired make / manufacturer.

The Tender shall have no choice to change the make / manufacturer of any product mutually agreed upon prior to opening of Tender, thereafter. Evaluation of Tender shall be on the basis, which is in more conformity to the approved make(s) / manufacturer listed.

f) All major components / sub-systems / materials forming part of the works shall be duly tested at the place of manufacture / assembly before dispatch. The manufacturer shall have stringent quality control for the pre-delivery installation schedules and the product, when it leaves the manufacturing / assembly plant, be proved to be capable of performing to the specified criteria. The Owner/ Owner’s Engineer/ Engineering Consultant reserve the right to be present at the time of testing of such major components / sub-systems / materials at the manufacturer’s factory / assembly shops. For this purpose, the successful Tenderer shall submit a detailed schedule of manufacturing and testing of components / sub-systems / materials giving details of the expected dates of testing, location, duration of testing as well as nature of testing for the concurrence of the Engineering Consultant. The Tenderers shall note that they should include in the quoted rates the cost of travel and accommodation for a maximum of three persons representing Owner / Engineering Consultant for being present at the place of testing within the country or abroad.

10. Articles of value found:Any treasures, antiques, valuable etc. found during excavation belong to the Owner and the same shall be handed over without causing any damage to them.

11. Insurance : The Contractor shall be responsible for any injury to persons, animals or things and for all structural damage to property which may arise from the operation or neglect of himself and or any nominated Direct Sub-Contractors, or Direct Sub-Contractors / Contractor's Employees and or third party whether such injury or damage arising from carelessness, accident or any other cause whatsoever, in any way connected with the execution of work.

The cover taken by the Contractor towards Third Party Liability shall be for a value of Rs. 5 Lakhs (Rupees Five Lakhs only) for a single event and there shall be no upper limit on the number of such events. The Tenderers are expected to include all the charges towards taking all insurance cover, charges towards premium etc., in the quoted rates and no extras / claims shall be entertained on account of the Tenderers’ failure to comply with this requirement.

The Contractor shall take required insurance cover with an approved insurance company and deposit the policy with the Owner well before commencement of work.

12. Scope 2017 63 ENGINEERING CONSULTANT:



A separate scope of services, describing the scope, intent and extent of the works put to Tender as given in Volume IV – Schedule of Quantities shall be referred to.

a) Setting Out:

The Contractor shall maintain throughout the contract period proper permanent centre line marks for shafts and datum bench marks fixed with arrangement from the Civil contractor, within his quoted rates. These shall not be disturbed at any time of the contract period.

Should therefore be any variation in the actual construction with reference to the foregoing, the same shall be made good at his cost and risk before handing over for possession by the Owner.

b) Post Construction Survey

The successful Tenderer / Contractor shall make post construction survey and report as soon as erection works are completed duly checking all the dimensions, levels of slabs / beams soffits etc. Any defects noticed beyond permissible tolerances shall be made good by the Contractor as per instructions of the Engineering Consultant without any extra cost and time.

c) Joint Inspection Owner / Engineering Consultant representatives’ shall conduct a joint inspection with the Contractors’ authorised representative at every stage of the work, immediately upon completion of such stage of works. The purpose of the joint inspection is to observe and record any deviations from the specified tolerances / levels, plumb or any quality defects or any such issues which require immediate attention / action from the Contractor to make good or rectify such defects or observations jointly recorded. Such joint inspections can be held at any time as deemed fit and shall be binding on the Contractor to act upon and implement without any extra cost the directions

arising out of such joint inspections. Failure / delay in holding such joint inspections shall not absolve the Contractor from his responsibilities to rectify any defects which may be subsequently noticed at any time after the respective stages of work.

13. Submittal of FORMAT - A, B, C & D:

Site Organisation Chart, Programme, proposed to be adopted during execution of work and Quality Assurance programme shall be submitted along with the given in FORMAT – A, B, C & D.

14. Materials and Samples

Unless otherwise provided in the contract all the materials required for the WORK are to be provided by the CONTRACTOR.

The WORK shall be carried out using high quality materials and products from good source and reputed manufacturer respectively. The tenderers shall furnish the details of sources and manufacturers of materials and products, which they intend to use in the WORK if their tender is acceptable.




All mock ups / finishes / quality shall be approved by Owner/ Owners Engineer/ Engineering Consultant.

Quality assurance should be strictly adhered to. All materials are subject to inspection and approval of the Engineering Consultant before use in the WORK. All WORKS carried out and materials supplied shall conform to relevant latest Indian Standard Specification.

The CONTRACTOR shall furnish the OWNER for approval adequate samples of all materials to be used in WORK and to permit tests and examinations thereof. All materials used in the WORK shall be strictly as per approved samples and approved make.

All materials which are rejected shall be forthwith removed from the site.

15. Testing of materials

The testing of materials shall be carried out by approved laboratories at CONTRACTOR cost and the results will be binding. The test results in original will be sent to the OWNER by the laboratory and a copy of the same sent to the CONTRACTOR.

16. Photographs and Video Cassettes:

The Contractor shall take photos and video from the locations approved by the Engineering Consultant to show the progress of work at monthly intervals throughout the construction period and furnish photographs and video cassettes of required duration duly indicating therein the specified number of negative / prints affixed

in albums. Each photograph shall be marked with the description of the photograph and location from which it was taken.

The ownership and copy right of all photographs and negatives shall be vested in the Owner and are not to be used without his permission under any circumstances. Negatives and prints shall be handed over to the Engineering Consultant monthly.

17. Terms of Payment

All payments by the Owner under this Contract will be made through banking channel within the specified period based on detailed recorded measurements and certification of bills by the Engineering Consultant.

All such interim / progressive payments shall be regarded as payment by way of advances against final payment only and shall not preclude the requiring of bad, unsound and imperfect or unskilled work to be rejected, removed, taken away and reconstructed or re-erected. Any certificate given by the Engineering Consultant relating to the work done or materials delivered forming part of such payment, may be modified or corrected by any subsequent such certificate(s) or by the final certificate and shall not by itself be conclusive evidence that any work or materials to which it relates is / are in accordance with the contract and specifications. Any such interim payment, or any part thereof shall not in any respect conclude, determine or affect in any way powers of the Engineering Consultant under the contract or any of such payments be treated as final settlement and adjustment of accounts or in any way vary or affect the contract right of the Owner under the terms of the contract.

Payment of part rates:




Payment at part rates to the extent of work done against agreement rates for certain items may be made in the running account bills as detailed in paragraph 23.3 of Condition of Contract.

The part rate to be allowed for an item shall be as assessed and decided by the Engineering Consultant /Owner’s Engineers for the extent of work done and whether the item could be completed in all respects as per specification within the balance amount available.

18. Pollution and Site Hygiene

Mechanical plant, equipment, etc. which emits smoke, fumes or other obnoxious gases will not be allowed on the site.

Provide and maintain temporary channels, drains and the like for keeping the Site clear of water.

Take all reasonable precautions to ensure the efficient protection of all streams and waterways against pollution arising out of or by reason of the execution of the Works.

The DG SET WORKS Contractor shall not dump unwanted building debris, chemicals, any noxious or polluting matter on any vacant plot of land, roadside or drains thereby causing chokage leading to mosquito breeding or causing contamination of the Site or the drainage system.

Comply with and pay all charges levied by any Government or Public Authority with jurisdiction on matters of pollution or site hygiene.

19. Fire Protection during Construction Provide and keep in working order adequate FIRE PROTECTION equipment for emergency

use.

20. Schedule Of Quantities and Technical Specifications

In case of conflict between item description in “Bill of Quantities” and “Technical specifications” the following priority shall govern:

Bill of Quantities & Preamble Technical Specifications

IS CodeEquivalent BS CodesOther codes

All important drawings are to be mounted on boards and placed in racks and indexed.




94. HAND BOOK ON HEALTH AND SAFETY AT

WORK FOR

CONTRACTORS WORKING IN THE PROJECT




95. TABLE OF CONTENTS

SECTION

1. INTRODUCTION

2. RULES FOR GENERAL OPERATIONS

2.1 Access

2.2 Accident Reporting

2.3 Contractors & Sub-Contractors Tools & Equipments.

2.4 Hazardous Materials

2.5 Dust and Fume Control

2.6 Fire Hazards and Precaution

2.7 Machinery Safety

2.8 House-keeping / Hygiene

2.9 Noise

2.10 Overhead Working

2.11 Working at Height

2.12 Safety Clothes and Equipment

2.13 Plant Services

2.14 Supervision

2.15 Warning signs and Notices

3. TOOLS

3.1 Electrically Driven Portable Tools

3.2 Compressed Air Tools

3.3 Percussion Cartridge Tools

3.4 Hoisting and Lifting.

3.5 Movement of Plant and Equipment

3.6 Industrial Trucks

4. CONTRACTORS GUIDELINES.

5. MODEL RULES FOR THE PROTECTION OF HEALTH AND SANITARY.

6. ISI SAFETY CODE.

7. LABOUR LAWS




SECTION - 1

INTRODUCTION:

This document defines the operations undertaken by Contractors and sub-Contractors on Project premises, which can give rise to hazards to those engaged in the work and others who may be working, standing or passing in the vicinity.

It is the Owner's endeavour to secure a high standard of safety at site. Therefore, Contractors and sub-Contractors must know their duties under common law, both for establishments, and their own employees and to conduct their business and methods of work to conform to the best practices.

Before the Owner, allows any contracting or sub- contracting firm to carry out work on its premises, the Owner insists that Contractors and sub-Contractors understand their duties regarding safe practices for themselves, others and regulations covering the type of work they will be carrying out.

In furtherance to this policy, rules herein have been devised to bring to the notice of Contractors and sub-Contractors, some of the more common hazards, and appropriate preventive measures in connection with the erection, construction, cleaning, painting, alteration or demolition of plant, machinery and buildings.

The Owner, is confident that the observance of these rules will be no hindrance to progress the work, but will assist in the avoidance of accidents.

IT IS IN A TERM OF ALL CONTRACTS BETWEEN THE CLIENT AND CONTRACTORS THAT THEY AND ANY SUB-CONTRACTORS, APPOINTED BY THEM COMPLY WITH THESE RULES AND THEIR CO-OPERATION IS THEREFORE OBLIGATORY IN CARRYING OUT THE PRECAUTIONS LAID DOWN.

Section - 2: Details general rules which are applicable to most Contractors and sub-Contractors.

Section - 3: Details specific rules which must be followed where applicable, where a particular type of work is to be undertaken.

All Contractors Supervisors will make sure that the Engineering Services / Safety Manager on Project site are notified as and when he and others (Sub-Contractors) are reporting for work on that site.




SECTION - 2

RULES FOR GENERAL OPERATIONS:

2.1 ACCESS:

Nothing shall be done or omitted to be done by Contractors or Sub-Contractors or their employees to render unsafe or obstruct:

- any means of access to the places at which people are required to work.

- the passage of people and / or vehicles whether on a defined gangway or not, unless permission is obtained from the designated safety officer.

- access for emergency apparatus, such as F IRE PROTECTION equipment. - Contractors and sub-Contractors shall nevertheless provide adequate fencing, lighting

and warning signs to ensure safety at all times.

2.2 ACCIDENT AND INCIDENT REPORTING:

All notifiable accidents, dangerous occurrences and potential hazard situations shall be reported to the safety officer at site.

Injuries are to be treated by experienced medical staff available at site.

2.3 CONTRACTORS AND SUB-CONTRACTORS' TOOLS AND EQUIPMENTS:

All Contractors and sub-Contractors tools and equipments must comply with statutory regulations and approved codes of practices.

2.4 HAZARDOUS MATERIALS:

The Contractor must inform the safety officer, prior to commencement of work, procurement of materials connected with the contract work of a hazardous nature. The Contractor will have to secure storage for any such material.

2.5 DUST AND FUME CONTROL:

Contractors and sub-Contractors must inform the safety officer at the Project site of all processes producing dust or fumes, and under the conditions as laid down in the relevant Act of Government the safety precautions are to be fulfilled.

2.6 FIRE HAZARDS AND PRECAUTIONS:

When at site, all fire regulations, as well as regulations under relevant Sections of the relevant Act of Government of must be observed at all times.

2.7 MACHINERY SAFETY:

Contractors and sub-Contractors working at the Project site must not remove or displace any guard, fencing or other safety equipment which is designed to protect personnel or machinery




or any place where safety equipment has been provided without the written permission of the safety officer or his designated representative.

On completion of any work, any guards that had to be removed must be replaced immediately and whilst work is being carried out, machinery must not be operated. The requirement of the relevant Act must be followed:

2.8. HOUSE-KEEPING: The House-keeping standards employed by Contractors and sub- Contractors, must be as

good as the Owner. Care must be taken by all responsible people to ensure that the standard of house-keeping for all establishments is known and understood.

2.8.1 House keeping and hygiene go hand in hand with safe working practices. Contractors and sub-Contractors must leave work areas in a clean, tidy and safe condition at the end of each working period.

2.8.2 Special attention must be paid to potential fire hazards, trip points and equipment left in a hazardous condition.

2.8.3 Contamination of any product (by drill swarf sawdust, oil, salient, paints and materials etc.) must be avoided at all costs, and the officers of the Owner are empowered to stop any activity which could result in contamination.

2.9. NOISE: Contractors and sub-Contractors working at the Project site must obtain permission from the

safety officer if the processes being employed to carry out that work significantly increase the ambient noise level in that area being worked.

2.10. OVERHEAD WORKING:

No work may be carried out above the heads of people or over gangways or roads, until all precautions have been taken to ensure the safety of the persons below, and until permission is given by the safety officer. Each specific site of overhead working will require consent from the safety officer. This will be given after satisfactory inspection.

Work may be carried out in the vicinity of power cables only when permission is obtained from the safety officer and/or Owner Project Engineer.

Work connected with overhead safety includes the movement of long metal objects, machinery, jibs, masts, arms or other elevated parts.

2.11 WORKING AT HEIGHT:

All temporary structure, erected by Contractors or sub-Contractors for the purpose of allowing their staff to work at heights of more than 2 M. above floor level, must be constructed in accordance with the Safety Regulations laid down.

Whenever possible, ladders are to be made of wood and in good condition. Metal ladders must not be used where there is any possibility of the ladder coming into contact with an electrical conductor.

Roof working must be properly supervised.2017 71 ENGINEERING CONSULTANT:



2.12 SAFETY CLOTHES AND EQUIPMENT:

This will be supplied by Contractors and sub-Contractors who are working on sites and must be adequate for the well being of their staff engaged in the type of work contracted for.

The equipment and its use must comply with the regulations and codes of practice as laid down, that apply to the conditions of work being undertaken.

Contractors and sub-Contractors will be responsible for the use of any tools and equipment that is supplied by them, or their staff to the exclusion of all responsibility of the Owner. Tools will be maintained to the highest standard of safety. Whilst in the possession of such tools, the person so using said tools is responsible for the continued maintenance of safety standards.

It is the individual's responsibility to ensure that the tools he works with are suitable for the job, and in a safe condition prior to work commencement. All necessary tools and equipment to complete a contract should be supplied by the Contractor. Due provision must be made during contract preparation.

2.13 PLANT SERVICES:

Before using plant services such as electricity, permission to do so must be obtained from the appropriate authority, Owner Project Engineer or Safety Officer.

2.14 SUPERVISION:

Contractors working at the Project site must ensure that their staffs are adequately supervised.

2.15 WARNING SIGNS AND NOTICES:

Suitable warning signs are to be displayed warning of potential hazards.

The Tenderer shall at his own expense arrange for complying with all the occupational safety, health and welfare legislations of Government including the Electrical code and the Occupational Safety, Health and Welfare Act.




SECTION – 3

TOOLS

3.1 ELECTRICALLY DRIVEN PORTABLE TOOLS:

Permission is to be obtained from the nominated person before any Contractor or sub-Contractor's electrical hand tools can be connected to the electricity supply.

Connection must be by 3-core and 3-pin plugs and sockets, except when tools are double insulated on a 2-wire supply. Where the supply is 3-phase, 4-core cable and 4-pin plugs and sockets with earth connections must be used.

Make-shift connections are prohibited.

The use of extension cables is discouraged, but sometimes necessary.

Portable electric lamps must be the 'Gripper' type with caged wire protection for the bulk and precautions as laid down under relevant section of the relevant Act of Government must be observed.

In all cases, with the exception of double insulated tools, the metal work of the tools must be effectively earthed; also any flexible metallic cable coverings must be earthed.

3.2 COMPRESSED AIR TOOLS

Contractors and sub-Contractors must obtain permission to use any compressed air supply at the Project site.

Contractors and sub-Contractors must also provide suitable noise suppression for pneumatic hammers, drills etc.

3.3 PERCUSSION CARTRIDGE TOOLS

Permission to use percussion tools must be obtained from the designated safety representative prior to the use of these tools.

Also when using percussion tools, it is the individual’s duty to ensure that the charges used in said tools are correct. These tools are to be handled as dangerous weapons, never leave tools unattended, never leave tools charged or store charged, never point tools at personnel, always lock up when finished both tool and charges.

3.4 HOISTING AND LIFTING:

Permission must be obtained prior to the use of Plant and equipment, from the Owner Project Engineer or other nominated responsible person.

Equipment must be adequate for the purpose required and anchorage approved by the site safety officer.




All equipment so used must have been examined by a competent person, and where necessary a certificate obtained in accordance with relevant sections of the relevant Act of Government.

No object is to be left unattended whilst using lifting equipment.

3.5 MOVEMENT OF PLANT AND MACHINERY

Permission must be obtained prior to the movement of construction materials, plant or equipment in and around Project site.

3.6 POWERED INDUSTRIAL TRUCKS

Permission must be obtained prior to the use of lift-trucks by Contractors or sub-Contractors at the Project site.

Trucks must only be driven by competent licensed personnel, and must comply with statutory regulations.

*****




SECTION – 4

CONTRACTORS AND SUB-CONTRACTORS GUIDELINES

1. Safe working practices must be observed at all times.

2. It is the responsibility of the Contractors and sub-Contractors staff to use appropriate personal protection. It is the Contractors and sub-Contractors obligation to supply necessary protective equipment and clothing.

3. Certain areas are designated hazardous (eg. noisy areas) and warning signs must be obeyed.

4. Where the Contractors and sub-Contractors work presents a potential hazard, appropriate notices must be supplied and displayed, and the area made secure as far as is reasonably possible.

5. The Owner will not provide tools, materials, lifting or access equipment, fixings or raw materials, unless by previous arrangement.

6. Any equipment brought to site by Contractors and sub-Contractors must not be used by untrained persons, and attention is drawn to the indemnity clause of the Owner orders, which states that the Contractor is liable for any consequent damage or loss to people, equipment or buildings.

7. All welding, burning and grinding operations which could potentially cause fire must be reported to security.

8. No alcohol is permitted at site, and anyone deemed to be under the influence of alcohol will be required to leave the site.

9. Vehicle parking will be in designated areas only.

10. No smoking is allowed in work areas.

11. No food is to be consumed or left in work areas.

12. Warning signs and speed restrictions must be observed.

13. Place of work to be left in a tidy and safe condition at the end of each work period.

14. Care to be taken against contamination of any product of paint, oil, etc.

15. All injuries must be reported to the authorities as per law applicable.

16. A health and safety officer shall be employed on such conditions as circumstances require.




The above has been received and read by Contractor / Sub- Contractor, we agree to comply with these Rules (See foot-note)

Contractors .....................................

Company....................................

Date .........................................

NOTE :

The Contractor will ensure that sub-Contractor receive and sign a copy of these Rules.




MODEL RULES FOR THE PROTECTION OF HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS EMPLOYED BY CONTRACTORS

1. FIRST-AID-FACILITIES

1.01 At every work place there shall be provided and maintained, so as to be easily accessible during working hours, first-aid boxes at the rate of not less than one box for 150 labourers or part thereof ordinary employed.

1.02 The first-aid box shall be distinctly marked with a red cross on white back ground and shall contain the following equipment, :-

1.02.01 For work places in which the number of labour employed does not exceed 50, each first-aid box shall contain the following equipments:-

6 small sterilised dressings 3 medium size sterilised dressings 3 large size sterilised dressings 3 large size sterilised burn dressings 1 (30 ml.) bottle containing a two per cent alcoholic solution of iodine. 1 (30 ml.) bottle containing salvolatile having the dose and mode of administration

indicated on the label. 1 snakebite lancet 1 (30 gms.) bottle of potassium permanganate crystals 1 pair scissors 1 copy of the first-aid leaflet issued by the Director General, Factory Advice

Service and Labour Institutes, Government of India. 1 bottle containing 100 tablets (each of 5 gms.) of aspirin. Ointment for burns A bottle of suitable surgical antiseptic solution

1.02.02 For work places in which the number of labour exceed 50.Each first-aid box shall contain the following equipments.

12 small sterilised dressings 6 medium size sterlised dressings 6 large size sterilised dressings 6 large size sterilised burn dressings 6 (15 gms.) packets sterilised cotton wool 1 (60 ml.) bottle containing a two per cent alcoholic solution of iodine. 1 (60 ml.) bottle containing salvolatile having the dose and mode of administration

indicated on the label. 1 roll of adhesive plaster 1 snakebite lancet 1 (30 gms.) bottle of potassium permanganate crystals 1 pair scissors 1 copy of the first-aid leaflet issued by the Director General, Factory Advice

Service and Labour Institutes / Government of India.2017 77 ENGINEERING CONSULTANT:



A bottle containing 100 tablets (each of 5 gms.) of aspirin. Ointment for burns A bottle of suitable surgical antiseptic solution

1.03 Adequate arrangements shall be made for immediate recoupment of the equipment when necessary.

1.04 Nothing except the prescribed contents shall be kept in the First-aid box.

1.05 The first-aid box shall be kept in charge of a responsible person who shall always be readily available during the working hours of the work place.

1.06 A person in charge of the First-aid box shall be a person trained in First-aid treatment, in the work places where the number of contract labour employed is 150 or more.

1.07 In work places where the number of contract labour employed is 750 or more and hospital facilities are not available within easy distance from the works. First-aid posts shall be established and run by a trained Compounder. The Compounder shall be on duty and shall be available at all hours when the workers are at work.

1.08 Where work places are situated in places which are not towns or cities, a suitable motor transport shall be kept readily available to carry injured person or person suddenly taken ill to the nearest hospital.

2.0 DRINKING WATER

2.01 In every work place, there shall be provided and maintained at suitable places, easily accessible to labour, a sufficient supply of water fit for drinking.

2.02 Where drinking water is obtained from an intermittent public water supply, each work place shall be provided with storage where such drinking water shall be stored.

2.03 Every water supply or storage shall be at a distance of not less than 50 feet from any latrine drain or other source of pollution. Where water has to be drawn from an existing well which is within such proximity of latrine, drain or any other source of pollution, the well shall be properly chlorinated before water is drawn form it for drinking. All such wells shall be entirely closed in and be provided with a trap door which shall be dust and waterproof.

2.04 A reliable pump shall be fitted to each covered well, the trap door shall be kept locked and opened only for cleaning or inspection which shall be done at least once a month.

3.0 WASHING FACILITIES

3.01 In every work place adequate and suitable facilities for washing shall be provided and maintained for the use of labour employed and supervisory staff separately therein.

3.02 Separate and adequate cleaning facilities shall be provided for the use of male and female labourers and supervisory staff.

3.03 Such facilities shall be conveniently accessible and shall be kept in clean and hygienic condition.




4.0 LATRINE AND URINALS

4.01 Latrines shall be provided in every work place on the following scale namely:-

4.01.01 Where females are employed there shall be at least one latrine for every 25 females.

4.01.02 Where males are employed, there shall be atleast one latrine for every 25 males.

Provided that where the number of males or females exceeds 100, it shall be sufficient if there is one latrine for 25 males or females as the case may be upto the first 100, and one for every 50 thereafter.

4.02 Every latrine shall be under cover and so partitioned off as to secure privacy, and shall have a proper door and fastenings.

4.03 Construction of latrines: the inside walls shall be constructed of masonry or some suitable heat-resisting nonabsorbent materials and shall be cement washed inside and outside. Standard sanitary fixtures & fittings shall be provided.

4.04.01 Where workers of both sexes are employed, there shall be displayed outside each block of latrine and urinal, a notice in the language understood by the majority of the workers ”For Men only” or “For Women only” as the case may be.

4.04.02 The notice shall also bear the figure of a man or of a woman, as the case may be.

4.05 There shall be atleast one urinal for male workers upto 50 and one for female workers upto fifty employed at a time, provided where the number of male or female workmen, as the case may be exceeds 500, it shall be sufficient if there is one urinal for every 50 males or females upto the first 500 and one for every 100 or part thereafter.

4.06.a The latrine and urinals shall be adequately lighted and shall be maintained in a clean and sanitary condition at all times.

b Latrine and urinals other than those connected with a flush sewage system shall comply with the requirements of the Public Health Authorities.

4.07 Water shall be provided by means of tap or otherwise so as to be conveniently accessible in or near the latrine and urinals.

4.08 Disposal of excreta shall be arranged either by connection to a municipal sewer with permission from the local sanitary authority, or by providing connection to a covered soak pit.

4.09 The contractor shall at his own expense, carry out all instructions issued to him by the OWNER / Engineering Consultant to effect proper disposal of night soil and other conservancy work in respect of the contractor’s workmen or employees on the site. The contractor shall be responsible for payment of any charges which may be levied by Statutory Authority for execution of such on his behalf.

PROVISION OF SHELTER DURING REST

At every place there shall be provided, free of cost, four suitable sheds, two for males and the other two for rest separately for the use of men and women labour. The height of each shelter shall




not be less than 3 metres from the floor level to the lowest part of the roof. These shall be kept clean and the space provided shall be on the basis of 0.6 sq.m per head.

Provided that the Owner / Engineering Consultant may permit subject to his satisfaction, a portion of the building under construction or other alternative accommodation to be used for the purpose.

CRECHESAt every work place, at which 20 or more women worker are ordinarily employed; there shall be provided two rooms of reasonable dimensions for the use of their children under at the age of six years. One room shall be used as a play room for the children and the other as their bedroom. The rooms shall be constructed with painted masonry walls with light weight roofing.

The rooms shall be provided with suitable and sufficient openings for light and ventilation. There shall be adequate provision of sweepers to keep the places clean.

The contractor shall supply adequate number of toys and games in the play room.

The contractor shall provide one ayah to look after the children in the crèche when the number of women workers does not exceed 50 and two when the number of women workers exceeds 50.

The use of the rooms earmarked as crèches shall be restricted to children, their attendants and mothers of the children.

CANTEENSIn every work place where the work regarding the employment of labour is likely to continue for

six months and where in contract labour numbering one hundred or more is ordinarily employed, an adequate canteen shall be provided by the contractor for the use of such labour.

The canteen shall be maintained by the contractor in an efficient manner.

The canteen shall consist of at least a dining hall, kitchen, pantry and washing places separately for workers and utensils.

The canteen shall be sufficiently lighted at all times when any person has access to it.

The floor shall be made of smooth and impervious materials and inside walls shall be lime-washed or colour washed.

The premises of the canteen shall be maintained in a clean and sanitary condition.

Waste water shall be carried away in suitable covered drains and shall not be allowed to accumulate so as to cause a nuisance.

Suitable arrangements shall be made for the collection and disposal of garbage.

The floor area of the dining hall shall be suitably provided with furniture.

Sufficient tables, stools, chair or benches shall be available for the number of diners to be accommodated.




There shall be provided and maintained sufficient utensils crockery, furniture and any other equipment’s necessary for the efficient running of the canteen.

The furniture utensils and other equipment shall be maintained in a clean and hygienic condition.

Suitable clean clothes for the employees serving in the canteen shall be provided and maintained.

A service counter, if provided, shall have top of smooth and impervious material.

Suitable facilities including an adequate supply of hot water shall be provided for the cleaning of utensils and equipments.

The food stuffs and other items to be served in the canteen shall be in conformity with the normal habits of the contract labour.

The charges for food stuffs, beverages and any other items served in the canteen shall be based on ‘No Profit, No Loss’ and shall be conspicuously displayed in the canteen.

In arriving at the price of foodstuffs, and other article served in the canteen, the following items shall not be taken into consideration as expenditure namely:-

The depreciation and maintenance charges for the building and equipments provided for the canteen.

The cost of purchase, repairs and replacement of equipments including furniture, crockery, cutlery and utensils.

The water charges and other charges incurred for lighting and ventilation.The interest and amounts spent on the provision and maintenance of equipments provided for the canteen.

5.0 Minimum Safety Requirements (To be made a part of Tender conditions and BOQ of works related package to address the inclusion of PPE, Scaffold, Electrical safety measures, House keeping as a minimum)

Prior to commencing work on Site, the Contractor must make himself aware of all the requirements for the Works and the Site relating to Environment, Health & Safety (EH&S) matters including all relevant legislation and standard codes of practice.

Contractor shall comply with all the EH&S Requirements listed below which shall be deemed a fundamental condition of this Contract.

Contractor must comply in full with all applicable Health & Safety (H&S) local and national legislation. (e.g. Labour Licence, Insurance Policy under Workmen Compensation Act, etc.)

In circumstances where there is a conflict between local or national legislation and these Minimum Safety Requirements (MSR), the higher (more protective) requirement shall prevail.

Guardrails are to be provided at all working places and other locations where persons or materials could fall more than 2.0m / 6'6". Where this can physically not be achieved, suitable and sufficient fall protection devices that do not rely on individuals should be provided and used to establish a safe place of work. (Examples include Safety Nets closely installed under height works, Stretched wire ropes installed to hook up safety harnesses while workers move from one location to another at height, Use of full body safety harnesses with double lanyards etc.)




Full body harness with double lanyard Proper Access to work platform

All persons working on suspended scaffolds/cradles/gondolas must wear and use appropriate fall prevention equipment so as to protect them effectively at all times when they are at risk from any failure of any part of the scaffold/cradle/gondola, including its suspension system.

Free-standing scaffold towers used externally must not be higher to the top platform level than three times the minimum base dimension, unless secured to a permanent structure. For internal use only, the height to platform may rise to 3.5 times the minimum base dimension. Wheels must be locked when towers are in use. No person is permitted to remain on a tower platform while a tower is being moved.

Mobile Scaffolds

Holes, shafts and edges from or through which persons could fall a distance of more than 2 metre /6ft 6in must be clearly marked with signage or other means and be adequately protected by covers or barriers so as to prevent falls of persons and materials.




Holes, Shafts, Floor PenetrationsAll temporary electrical circuits must include a Residual Current Device, Earth Leakage Circuit Breaker or Ground Fault Circuit Interrupter at source.

Temporary Electrical System




Powered Lifts and hoists, aerial platforms and scissors lifts must have a competent driver, certified by a qualified third party. Additionally, the above items must be certified as safe to use by a local government approved third party.

Adequate lighting must be provided to enable safe access to and egress from every place on a site where persons are liable to work, this is in addition to task lighting.

Induction/Orientation

All workers shall receive site-specific safety induction/orientation, before they are involved in any activity at site. They must be made aware of site safety rules, provisions of first aid and welfare facilities such as drinking water, washing place, toilets, rest rooms, etc.

Task related Safety Instruction

Contractor shall ensure all workers shall receive at least one specific task-related training/skilling session per week. This may be achieved by using Toolbox talks &/or induction to Safe Work Method Statement.

Incident/Injury Reporting & Investigation

Contractor shall report and record all incidents, which have potential to cause injuries and damages and also injuries including first aid cases.

Lost Time Injury (LTI) or serious injury must be intimated immediately as soon as possible by phone. (If an injured person doesn’t likely to report to work in his next following shift, it is to be recorded as Lost Time Injury)

Job Safety Analysis & Safe Work Method Statement

Contractor must produce detailed Job Safety Analysis / Safe method of work for approval and use only approved work methods only. No work shall start without approved Job Safety Analysis / Safe Work Method Statement. All workers and supervisors must be inducted to Job Safety Analysis / Safe method of work.

(iii) Oxygen / Acetylene / Fuel Gases/ Compressed or Liquefied Gases (a) All gas cylinders shall be stored, transported and handled as per the requirements of Gas Cylinder Rules, 1981




Indian Standard Safety Codes to be followed by the CONTRACTOR during execution of work

S.No IS No Part No./Year Description

1. IS 3696 1 - 1987 Safety code for scaffold and ladders

2. IS 3996 2 - 1991 Safety code for ladders

3. IS 4014 2 - 1967 Code of practice for steel tubular scaffolding

4. IS 4081 1986 Safety code for blasting and related drilling operations

5. IS 4082 1977 Recommendation on stacking and storage materials at site (1st Revision)

6. IS 4130 1991 Safety code for demolition of buildings 2nd revision

7. IS 4138 1977 Safety code for working in compressed air

8. IS 4756 1978 Safety code for funneling work

9. IS 4912 1978 Safety requirements for floor and wall openings, railing and toe boards

10. IS 5121 1990 Safety code for piling and other deep foundations

11. IS 5916 1990 Safety code for constructions involving use of hot bituminous material

12. IS 7272 1974 Recommendation for labour output constants for building work

13. IS 7293 1987 Safety code for working with construction machinery

14. IS 7969 1975 Safety code for handling and storage of building materials with amendment No.1

15. IS 8989 1978 Safety code for erection of concrete framed structures




S.No IS No Part No./Year Description

16. IS 10067 1982 Material constants in building works

17. IS 1029 1990 Safety code for dress divers in civil engineering works

18. IS 10302 1995 Unified nomenclature of workmen for civil engineering

19. IS 13415 1992 Protective barriers in and around buildings - code of safety

20. IS 13416 1 – 1992 Preventive measures against hazards at work places - recommendations falling materials hazards prevention

21. IS 13416 2 – 1992 Preventive measures against hazards at work places - recommendations fall prevention

22. IS 13416 3 – 1994 Preventive measures against hazards at work places - recommendations disposal of debris

23. IS 13416 4 – 1994 Preventive measures against hazards at work places - recommendations timber structures

24. IS 13416 5 – 1994 Preventive measures against hazards at work places - recommendations fire protection

25. IS 13430 1992 Safety during additional construction and alteration to existing buildings - Code of practice.




7. LABOUR LAWS

1. Labour:The Tenderer shall, unless otherwise provided in the Contract, make his own arrangements for the engagement of all staff and labour, local or other, and for their payment, housing, feeding and transport.

No women labour shall be employed by the Tenderer for the purpose of executing works at site & further as per labour law statutes, no child labour shall be employed by the Tenderer.

The Tenderer shall, if required by the Engineering Consultant, deliver to the Engineering Consultant a return in detail, in such form and at such intervals as the Engineering Consultant may prescribe, showing the staff and the numbers of the several classes of labour from time to time employed by the Tenderer on the Site and such other information as the Engineering Consultant may require.

2. Compliance with labour regulations:

During continuance of the contract, the Tenderer and his sub Tenderers shall a Tenderer at all times by all existing labour enactments and rules made thereunder, regulations, notifications and bye laws of the State or Central Government or local authority and any other labour law (including rules), regulations, bye laws that may be passed or notification that may be issued under any labour law in future either by the State or the Central Government or the local authority. Salient features of some of the major labour laws that are applicable to construction industry are given below. The Tenderer shall keep the Owner indemnified in case any action is taken against the Owner by the competent authority on account of contravention of any of the provisions of any Act or rules made thereunder, regulations or notifications including amendments. If the Owner is caused to pay or reimburse, such amounts as may be necessary to cause or observe, or for non-observance of the provisions stipulated in the notifications/bye laws/Acts/Rules/regulations including amendments, if any, on the part of the Tenderer, the Engineering Consultant/Owner shall have the right to deduct any money due to the Tenderer including his amount of performance security. The Owner/Engineering Consultant shall also have right to recover from the Tenderer any sum required or estimated to be required for making good the loss or damage suffered by the Owner.

The employees of the Tenderer and the Sub-Tenderer in no case shall be treated as the employees of the Owner at any point of time.




SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE TO ESTABLISHMENTS

ENGAGED IN BUILDING AND OTHER CONSTRUCTION WORK.a) Workmen Compensation Act 1923: The Act provides for compensation in case of injury by accident arising out of and during the course of employment.

b) Payment of Gratuity Act 1972: Gratuity is payable to an employee under the Act on satisfaction of certain conditions on separation if an employee has completed 5 years service or more or on death the rate of 15 days wages for every completed year of service. The Act is applicable to all establishments employing 10 or more employees.

c) Employees P.F. and Miscellaneous provision Act 195: The Act Provides for monthly contributions by the owner plus workers @ 10% or 8.33%. The benefits payable under the Act are :

(i) Pension or family pension on retirement or death as the case may be.

(ii) Deposit linked insurance on the death in harness of the worker.

(iii) Payment of P.F. accumulation on retirement/death etc.

d) Maternity Benefit Act 1951:- The Act provides for leave and some other benefits to women employees in case of confinement or miscarriage etc.

e) Contract Labour (Regulation & Abolition) Act 1970: The Act provides for certain welfare measures to be provided by the Tenderer to contract labour and in case the Tenderer fails to provide, the same are required to be provided, by the Principal Owner by Law. The principal Owner is required to take Certificate of Registration and the Tenderer is required to take license from the designated Officer. The Act is applicable to the establishments or Tenderer of Principal Owner if they employ 20 or more contract labour.

f) Minimum Wages Act 1948: The Owner is supposed to pay not less than the Minimum Wages fixed by appropriate Government as per provisions of the Act if the employment is a scheduled employment. Construction of Buildings, Roads, Runways are scheduled employment.

g) Payment of Wages Act 1936: It lays down as to by what date the wages are to be paid, when it will be paid and what deductions can be made from the wages of the workers.

h) Equal Remuneration Act 1979: The Act provides for payment of equal wages for work of equal nature to Male and Female workers and for not making discrimination against Female employees in the matters of transfers, training and promotions etc.

i) Payment of Bonus Act 1965: The Act is applicable to all establishments employing 20 or more workmen. The Act provides for payments of annual bonus subject to a minimum of 8.33% of wages and maximum of 20% of wages to employees drawing Rs.3500/- per month. or less. The bonus to be paid to employees getting Rs.2500/- per month or above




upto Rs.3500/- per month. shall be worked out by taking wages as Rs.2500/- per month only. The Act does not apply to certain establishments. The newly set-up establishments are exempted for five years in certain circumstances. Some of the State Governments have reduced the employment size from 20 to 10 for the purpose of applicability of the Act.

j) Industrial Disputes Act 1947: The Act lays down the machinery and procedure for resolution of Industrial disputes, in what situations a strike or lock-out becomes illegal and what are the requirements for laying off or retrenching the employees or closing down the establishment.

k) Industrial Employment (Standing Orders) Act 1946: It is applicable to all establishments employing 100 or more workmen (employment size reduced by some of the States and Central Government to 50). The Act provides for laying down rules governing the conditions of employment by the Owner on matters provided in the Act and get the same certified by the designated Authority.

l) Trade Unions Act 1926: The Act lays down the procedure per registration of trade unions of workmen and owners. The Trade Unions registered under the Act have been given certain immunities from civil and criminal liabilities.

m) Child Labour (Prohibition & Regulation) Act 1986: The Act prohibits employment of children below 14 years of age in certain occupations and processes and provides for regulations of employment of children in all other occupations and processes. Employment of Child Labour is prohibited in Building and Construction Industry.

n) Inter-State Migrant workmen’s (Regulation of Employment & Conditions of Service) Act 1979 :- The Act is applicable to an establishment which employs 5 or more inter-state migrant workmen through an intermediary (who has recruited workmen in one state for employment in the establishment situated in another state). The Inter-State migrant workmen, in an establishment to which this Act becomes applicable, are required to be provided certain facilities such as Housing, Medical-Aid, Travelling expenses from home upto the establishment and back etc.

o) The Building and Other Construction workers (Regulation of Employment and Conditions of Service) Act 1996 and the Cess Act of 1996: All the establishments who carry on any building or other construction work and employs 10 or more workers are covered under this Act. All such establishments are required to pay cess at the rate not exceeding 2% of the cost of construction as may be modified by the Government. The Owner of the establishment is required to provide safety measures at the Building or construction work and other welfare measures, such as Canteens, First-Aid facilities, Ambulance, Housing accommodations for workers near the work place etc. The Owner to whom the Act applies has to obtain a registration certificate from the Registering Officer appointed by the Government.

p) Factories Act 1948: The Act lays down the procedure for approval at plans before setting up a factory, health and safety provisions, welfare provisions, working hours, annual earned leave and rendering information regarding accidents or dangerous occurrences to designated authorities. It is applicable to premises employing 10 persons or more with aid of power or 20 or more persons without the aid of power engaged in manufacturing process.




3. SUB-CONTRACTING The Tenderer shall not be required to obtain any consent from the owner for:

a) The sub-contracting of any part of the Works for which the Sub-Tenderer is named in the contract;

b) The provision of labour; and

c) The purchase of materials which are in accordance with the standards specified in the Contract.

Beyond this if the Tenderer proposes sub-contracting any part of the work during execution of works, because of some unforeseen circumstances to enable him to complete the work as per terms of the contract; the Owner / Engineering Consultant will consider the following before according approval:

- The Tenderer shall not sub-contract the whole of the Works.

- The Tenderer shall not sub-contract any part of the Work without prior consent of the Owner / Engineering Consultant. Any such consent shall not relieve the Tenderer from any liability or obligations under the contract and he shall be responsible for the acts, defaults and neglects of any sub-Tenderer, his agents or workmen as fully as if they were the acts, defaults or neglects of the Tenderer, his agents or workmen.

-The Engineering Consultant should satisfy whether (a) the circumstances warrant such sub-contracting; and (b) the sub-Tenderers so proposed for the Work possess the experience, qualifications and equipment necessary for the job proposed to be entrusted to them in proportion to the quantum of work to be sub-contracted.

-If payments are proposed to be made directly to that sub-Tenderer, this should be subject to specific authorization by the prime Tenderer so that this arrangement does not alter the Tenderer's liability or obligations under the contract.)

4. Protection of Environment:The Tenderer shall take all reasonable steps to protect the environment on and off the Site and to avoid damage or nuisance to persons or to property of the public or others resulting from pollution, noise or other causes arising as a consequence of his methods of operation.During continuance of the contract, the Tenderer and his sub-Tenderers shall attend at all times by all existing enactments on environmental protection and rules made there under, regulations, notifications and bye-laws of the State or Central Government, or local authorities and any other law, bye-law, regulations that may be passed or notification that may be issued in this respect in future by the State or Central Government or the local authority.




Salient features of some of the major laws that are applicable are given below:The Water (Prevention and Control of Pollution) Act, 1974, This provides for the prevention and control of water pollution and the maintaining and restoring of wholesomeness of water. 'Pollution' means such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to, create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of aquatic organisms.

The Air (Prevention and Control of Pollution) Act, 1981, This provides for prevention, control and abatement of air pollution. 'Air Pollution' means the presence in the atmosphere of any 'air pollutant', which means any solid, liquid or gaseous substance (including noise) present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment.

The Environment (Protection) Act, 1986, This provides for the protection and improvement of environment and for matters connected therewith, and the prevention of hazards to human beings, other living creatures, plants and property. 'Environment' includes water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property.

The Public Liability Insurance Act, 1991, This provides for public liability insurance for the purpose of providing immediate relief to the persons affected by accident occurring while handling hazardous substances and for matters connected herewith or incidental thereto. Hazardous substance means any substance or preparation which is defined as hazardous substance under the Environment (Protection) Act 1986, and exceeding such quantity as may be specified by notification by the Central Government.

Site Office for Tenderer The Tenderer shall provide temporary office, stores, laboratory and workshops at the location

approved by the Owner / Engineering Consultant. All temporary construction shall be put up after prior approval from Owner & Engineering Consultant.

The Tenderer shall provide necessary approaches, fencing and other facilities at his own cost and within the quoted rates and with the prior approval of the Owner. No other land shall be occupied by the Tenderer without the written permission of Owner. The Tenderer shall not use or allow to be used the land for any purpose other than that of executing the works. The Tenderer shall dismantle and clear all dismantle all materials and hand over the vacant possession of the area allowed to him before leaving the site after completion of the contract.




TIME SCHEDULE

ANNEXURE – 1

DG SET AND ASSOCIATED WORKSWORK EXECUTION SCHEDULE WITH TIME FRAME FOR COMPLETION OF

VARIOUS STAGES OF WORK ( FOR FIVE MONTHS )

S.NO NAME OF ACTIVITY NO OF DAYS ALLOTTTED FROM LOA

(1) Deployment of Required Man Power with Project Manager at site Within 10 days

(2)

Technical approvals for various machineries / make / good for constructions drawings / shop drawings for erection.(a). Submission of documents by the contractor - 35 days(b). Approval by Engineering Consultant / Owner Engineer – 10 days

Within 20 days

(3) Supplying of preliminary items Within 30 days

(4) Supplying of Busbar and Electrical items etc., Within 75 days

(5) Supplying of DG set and all other items etc., Within 100 days

(6) Erection of Diesel Generator etc., in position Within 100 to 120 days

(7) Testing, Commissioning & Handing Over Within 120 to150 days

Signature Tenderer.




APPENDIX - A

Proforma of Bank Guarantee for Earnest Money

Whereas ………………………………………………………… (herein after called “the Tenderer”) has submitted its tender dated for providing Supply, Installation, Testing and Commissioning of 2000KVA Diesel Generator Set and Associated works in T ICEL BIO-PARK Ltd, Taramani, Chennai - 600 113. ………………………………………………………………………………….…………………………………………………………………………………………………..…………………………………………………………………………………………………… hereinafter called “the tender”.

KNOW ALL MEN by these presents that we …………………………………………. Having our registered office at . . . . . . . (hereinafter called “the Bank”) are bound unto TICEL BIO PARK Ltd, (hereinafter called the “OWNER”) in the sum of Rs 2.20 Lakhs…………. (Rupees …… Lakhs………………………………………………… only) for which payment well and truly to be made to the said OWNER, the Bank binds itself, its successors and assigns by these presents.

Sealed with common seal of the said Bank this ……………… day of …………. 2017

The Conditions of the obligation are :

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

b) if the Tenderer fails to accept the corrections of his errors in the tender documents as determined by the OWNER.

c) If the Tenderer having been notified of the acceptance of his tender by the OWNER during the period of validity of tender :

i) fails or refuses to execute the Form of Agreement.

ii) fails or refuses or neglects to furnish the Performance Bank Guarantee.

We undertake to pay to the OWNER the above amount upon receipt of his first written demand, without the OWNER having to substantiate his demand provided that in his demand the OWNER will note that the amount claimed by him is due to him owing to the occurrence of any of the above conditions, specifying the occurred condition or conditions.




This guarantee will remain in force up to 28.02.2018 and any demand in respect there of should reach the Bank not later than the date of expiry of this guarantee.

Signature of the Bank

Signature of Witness

Name of Witness

Address




APPENDIX - B

FORM OF PERFORMANCE GUARANTEE

1. In consideration of the TICEL BIO PARK Ltd, (hereinafter called “TICEL,”) having agreed to

allow M/s. ……………………….. (hereinafter called “the said Tenderer (s)” from the demand

under the terms and conditions of an Agreement No. . . . . . . . . . . . . . for providing Supply, Installation, Testing and Commissioning of 2000KVA Diesel Generator Set and Associated works. Installation works in constructed of TICEL BIO-PARK LTD at Taramani,

Chennai. (herein after called “the said Agreement” for furnishing Performance Bond for the due

fulfillment by the said Supply, Installation, Testing and Commissioning of 2000KVA Diesel Generator Set and Associated works ) of the terms and conditions in the said Agreement, by

production of a BANK GUARANTEE for RS.. . . . . . . . (Rupees.. . . . . . . . . . . only). We the . .

. . . . . . . . . . . (Name of the Bank) having our Head Office at . . . . . . . . . . . and having branch

at . . . . . . . . . . referred to as “the Bank” at the request of M/s. ….. . . . . . . . Supply, Installation, Testing and Commissioning of 2000KVA Diesel Generator Set and Associated works do hereby undertake to pay to TICEL, an amount not exceeding RS.. . . . . .

. on demand by TICEL,.

2. We . . . . . . . . . . . . . . . . . . . . (Name of the Bank) . . . . . . . . branch do hereby undertake to

pay the amounts due and payable under this guarantee without any demur, merely on a

demand from TICEL, stating that the amount claimed is required to meet the recoveries due or

likely to be due from the said Supply, Installation, Testing and Commissioning of 2000KVA Diesel Generator Set and Associated works Any such demand made on the Bank shall be

conclusive as regards the amount due and payable by the Bank under this guarantee.

However, our liability under this guarantee shall be restricted to an amount not exceeding

RS... . . . . . . . (Rupees.. . . . . . . . ……….. only).

3. We undertake to pay to the TICEL,, the amount due under this Guarantee so demanded

notwithstanding any dispute to disputes raised by the Supply, Installation, Testing and Commissioning of 2000KVA Diesel Generator Set and Associated works in any suit or

proceeding pending before any Court or Tribunal relating thereto, our liability under this present

being absolute and unequivocal.

The payment so made by us under this bond shall be a valid discharge of our liability for

payment thereunder.2017 95 ENGINEERING CONSULTANT:



4. We . . . . . . . . . . . . (Name of the Bank) . . . . . . . . .. branch further agree that the guarantee

herein contained shall remain in full force and effect during the period that would be taken for

the performance of the said agreement and that it shall continue to be enforceable till the dues

of TICEL, under or by virtue of the said agreement have been fully paid and its claims satisfied

or discharged or till the Engineer in charge on behalf of TICEL, certifies that the terms and

conditions of the said Agreement have been fully and properly carried out by the said Supply, Installation, Testing and Commissioning of 2000KVA Diesel Generator Set and Associated works accordingly discharges this guarantee.

5. We . . . . . . . . . . (Name of the Bank) . . . . . . . . branch further agree with TICEL,, that TICEL,

shall have the fullest liberty without our consent and without affecting in any manner our

obligations hereunder to vary any of the terms and conditions of the said Agreement or to

extend time of performance by the said Tenderer (s) from time to time or to postpone for any

time or from time to time any of the powers exercisable by TICEL, against the said Tenderer (s) and to forbear or enforce any of terms and conditions relating to the said agreement and we

shall not be relieved from our liability by reason of any such variation or extension being

granted to the said Tenderer(s) or for any forbearance act or omission on the part of the

TICEL, or any indulgence by the TICEL, to the said Tenderer(s) or by any such matter or thing

whatsoever which under the law relating to sureties would but for this provision have effect of

so relieving us.

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

Tenderer(s).

7. We hereby waive the necessity of your demanding the Tenderer before presenting us with the

demand.

8. We . . . . . . . . . . . . (Name of the Bank) . . . . . . branch lastly undertake not to revoke this

guarantee except with the previous consent of the TICEL, in writing.

9. This guarantee shall be valid upto . . . . . . . . . . . . Notwithstanding anything contained herein

before our liability against this guarantee is restricted to RS.. . . . . . .

(Rupees…………………….….. …. . only) and it will remain in force till . . . . . ………..) unless

a claim or demand in writing is made against us under this guarantee before the expiry of six

months from the aforesaid date that is before . . . . . . . of . . . . ……….. …. ( . .




………………..) all your rights under the said guarantee shall be forfeited and we shall be

relieved and discharged from all liability hereunder.

Dated the day of ……… for (Name of the Bank)

Branch.

(In a Stamp Paper of ………../-)

AFFIDAVIT

We have submitted Bank Guarantee for the work Supply, Installation, Testing and Commissioning of 2000KVA Diesel Generator Set and Associated works in constructed of TICEL

BIO PARK LTD at Taramani, Chennai-113. . . . . . . . . . . . . . . . . . . . . . . . . . . .

Agreement No. from (Name of the Bank) branch to the TICEL,

Limited, Chennai with a view to furnish Performance Bond. This Bank Guarantee expires on .. . .

…….. We undertake to keep the validity of the Bank Guarantee in force by getting it extended from

time to time at our own initiative upto a further period of six months or as directed by TICEL,.

We also indemnify TICEL, against any losses arising out of non-encashment of the Bank Guarantee

if any.

Notary Public Signature Signature of the Tenderer




APPENDIX - C

ARTICLES OF AGREEMENT

ARTICLES OF AGREEMENT made on this.... day of........... 2017 between the TICEL BIO PARK LTD having its Reg Office at CSIR road, Taramani, Chennai - 600113 represented by …………………………. Managing Director (hereinafter called the “Owner”) of the one part and M/S..... ............................................................... of the other part whose registered office is situated at……... ................................................represented by ________________________ (hereinafter called the “ Contractor”).

WHEREAS the Owner is desirous of Construction of Ticel Bio Park Ltd, facility at Taramani, Chennai – 600 113, and engaging a contractor for Supply, Installation, Testing and Commissioning of 2000KVA Diesel Generator Set and Associated works (hereinafter called “the Work”) and has caused drawings and Bill of Quantities showing and describing the work to be done under the direction of M/s Taamaesek engineering consortium hereinafter referred to as the “Engineering Consultant”. herein after referred to as Owners engineer .

Owner of the Project:WHEREAS the Govt of Tamilnadu in GO. Ms no : 470 , Revenue [ LD 5 (2)] dt 5 / 11 / 2001, transferred the land measuring 5 acres in S.No.1 ( part ) Block No 7, Tiruvanmiyoor Village, Mylapore – Triplicane Taluk, Chennai Dist to M/s TICEL BIO PARK Ltd, a company Promoted by Tamilnadu Industrial Development Corporation limited ( TIDCO) and TIDEL PARK Ltd as detailed below .

Boundaries:

North by : C.S.I.R road

East by : Spastic society of Tamilnadu

South by : Centre for Bio technology , Anna university

West by : Block no 7 ( I part )

WHEREAS M/s TICEL BIO PARK Ltd is constructing a Bio park, in the above said land .The total extent of the proposed construction is to an extent of 8 lakhs sqft ( approx), for which TICEL BIO PARK ltd invites Tender for Supply, Installation, Testing and Commissioning of 2000KVA Diesel Generator Set and Associated works.

WHEREAS the Owner is desirous of Construction of Building, for BIO Park, TICEL BIO PARK campus, Taramani, Chennai (hereinafter called "the WORK") and has issued drawings and Bill of Quantities showing and describing the work to be done as prepared by or under the direction of Engineering consultant, M/s. Taamaesek Engineering Consortium, No 5, 1st Floor, Bishop Wallers Avenue West, Off TTK Salai, Mylapore, Chennai-600 004.,INDIA. (herein after referred to as the ENGINEERING CONSULTANT).




WHEREAS the said drawings numbered as per list attached to the tender document, the Specifications and the Bill of Quantities have been signed by or on behalf of the parties hereto, shall form part of this contractAND WHEREAS the Contractor has provided the Owner with a fully priced copy of the said Bill of Quantities (which copy is hereinafter referred to as “the Contract Bills”) AND WHEREAS the said Drawings (hereinafter referred to as “the Contract Drawings”) and the Contract Bills have been signed by or on behalf of the parties hereto.

AND WHEREAS the contractor has furnished a Bank Guarantee for a sum of Rs ………………………. ( Rupees ……………………………………………………….. only ) as performance bond , valid from the date of commencement of work till the end of the defects liability period of 12 months from the date of taking over of the work by the owner with provision for direct revalidation of the bond on demand if so required by the owner for due performance of this agreement.

NOW IT IS HEREBY AGREED TO AS FOLLOWS:1. For the consideration hereinafter mentioned the DG SET WORKS will upon and subject to the Conditions annexed carry out and complete the Work shown upon the Contract Drawings and described by or referred to in the Contract Bills and in the said Conditions.

2. The Owner will pay the Supply, Installation, Testing, Commissioning of Diesel Generator Set Works and Retrofitting works Contractor the said contract amount Rs......................... (Rupees……….……………………..…………………….only) (hereinafter referred to as “the Contract Sum”) or such other sum as shall become payable at intervals, hereunder at the times & based on progress of items of work and in the manner specified in the said Conditions.

3. The term "The Engineering Consultant" in the said Conditions shall mean the said M/s. Taamaesek Engineering Consortium , ( having its registered office at No 5, 1st Floor ,Bishop Wallers Avvenue West, Off TTK Salai, Mylapore,Chennai-600 004.,INDIA.), as Owner's (hereinafter referred to as the Owner’s). as nominated by the Owner or in the event of their ceasing to be the Engineering consultant/Owners for the purpose of this Contract, such other person as the Owner shall nominate for that purpose, not being a person objected to by Contractor to for reasons considered by the Owner., as valid. Provided always that no person subsequently appointed to be the Engineering consultant under this clause shall be entitled to disregard or overrule any certificate or opinion or decision or approval or instruction given or expressed by the Engineering consultant (s) at any time.

4. The said Condition and appendix thereto shall be read and construed as forming part of this Agreement, and the parties hereto shall respectively abide by, submit themselves to the Conditions and perform the agreements on their parts respectively in such Conditions contained.

5. This Contract is not a lump sum contract but an item rate Contract to carry out the work in respect of DG SET in the construction of TICEL BIO PARK Ltd works, to be paid according to actual measured quantities at the rates contained in the Bill of Quantities and probable quantities after due deductions for TDS and other applicable deductions as provided in the said conditions.




6. The Contractor shall afford every reasonable facility for the carrying out of all works relating to DG SET and all other ancillary works in the manner laid down in the said Conditions, and shall make good any damage done to walls, floors, and other properties of the owner during execution and after the completion of such works.

7. (a) The owner reserves to itself the right of altering the Drawings and nature of the work by adding to or omitting any items of work or having portions of the same carried out without prejudice to this Contract. There shall be no limit on the scope and extent of changes that can be ordered by the owner and the Contractor shall not be entitled to any compensation or claim due to such change (s) / Order (s) by the Owner except as stated below in Para (b). The Contractor will only be paid for the actual quantity of works done payable at the accepted unit rates.

(b) The accepted unit rates shall hold good for overall variation of +/- 25% in the total contract value. The contractor shall not be entitled to any compensation or claim due to such change(s) / order (s) by the owner. The contractor will only be paid for the actual quantity of works, for the above said variation at mutually agreed unit rates.

8. Time shall be considered as the essence of this Contract and the Contractor hereby agrees to commence the work from 10th day from the date of issue of LOA by TICEL BIO PARK Ltd or the handing over of the site to the contractor whichever is earlier as provided for in the said conditions and to complete the DG SET as per the tender within 5 months thereafter (including Sundays, National Holidays and days of inclement weather) from the date of commencement.

9. This agreement sets forth the entire understanding between the parties as contemplated in the terms and conditions of the tender documents and other agreements expressly agreed between the parties followed by the letter of award, the same shall be treated as part and parcel of this agreement and supersedes / cancels all prior correspondences that were not expressly agreed to between the parties”.

10. The said Condition and appendix thereto shall be read and construed as forming part of this Agreement, and the parties hereto shall respectively abide by, submit themselves to the Conditions and perform the agreements on their parts respectively in such Conditions contained.

11. Subject to clause 57 of the conditions of contract all differences and disputes arising between TICEL BIO PARK Ltd, Chennai and the contractor on any matter connected with the assignment shall be referred to Arbitration. The Arbitration proceedings shall be conducted in English and in accordance with the provisions of Indian Arbitration and Conciliation Act 1996 or any statutory modification or enactment thereof. The venue of Arbitration shall be Chennai.

The parties hereby agree that one arbitrator each shall be appointed by each party. The arbitrators together will appoint a third arbitrator who shall act as the Lead Arbitrator.

12. All payments by the Owner under this contract will be made only at Chennai in Indian Rupees by means of cheques after applicable deductions such as TDS etc.

13. That the several parts of this Contract have been read by the Contractor and fully understood by the Contractor.




14. This Tender and your written acceptance of it shall constitute a binding contract between us. We understand that you are not bound to accept the lowest or any Tender you receive.

15. We hereby certify that we have taken steps to ensure that no person acting for us or on our behalf will not engage in bribery. 16. We also undertake that, in competing for (and, if the award is made to us, in executing) the above contract, we will strictly observe the laws against fraud and corruption in force in India namely “Prevention of Corruption Act 1988”.

IN WITNESS WHEREOF the Owner has set its hand to those present through its duly authorized official and the Contractor has caused its common seal to be affixed hereunto and has caused these presents and hereof to be executed on its behalf, the day and year first hereinabove written.

Signature Clause

SIGNED AND DELIVERED by the............................. hand of:

Signature:

Name and Designation:

Address :

WITNESSES:

(1) Signature: (2) Signature

Occupation Occupation :

Address: Address :




The COMMON SEAL OF............................................... was hereunto affixed pursuant to the resolutions passed by its Board of Directors at the meeting held on.......In the presence of:

(1) Name and Designation:


If the Contractor signs under its common seal, the signature clause should correspond with the sealing clause in the Articles of Association.

Directors who have signed these presents in token thereof in the presence of:



If the Contractor signing by the hand of power of attorney,

SIGNED AND DELIVERED BY the Contract by the hand of Shri ........................... and duly constituted attorney.




FORMAT - ‘A’

[SUBMITTAL LIST: TENDER SHALL BE ACCOMPANIED BY FOLLOWING INFORMATION]

DG SET WORKS TENDERERS ORGANISATION CHART, PLANT AND EQUIPMENT, MOBILISATION SCHEDULE, DRAWINGS AND PLANS

FOR TEMPORARY FACILITIES ETC.

The Tenderer shall submit the documents with full details on the following subjects along with the Tender.

The evaluation of Tender will take into consideration the detailed information provided by the Tenderer.At Head Office At Work site

1. Organisation chart (Pyramid type)

2. Curriculum Vitae of Senior Staff and supervisory staff

3. List of Plant and equipment

4. Mobilisation Schedule

a) Staff - (Technical and Administrative) b) Labour c) Plant and equipment (description, year of manufacture, capacity, present condition,

owned or hired, availability for the work etc.)5. Material Procurement Plan 6. Drawings and Plans for Temporary Facilities

a. Workshops / Fabrication yardsb. Warehousec. Electrical Substation and distribution network for lighting and powerd. Disposal of wastes - solid and liquid (conforming to environmental e. Laws)f. Water Plang. Power Plan

Planning and Execution Plan to suit the schedule of the CLIENT (along with bar chart / pert chart)

Quality Control Plan (at procurement stage and execution stage)

Plan for Coordination with all other agencies, Sub-Contractors, Specialist M&E Contractors, Owner’s representatives, including review / reporting systems / periodic and regular internal meeting schedules and meeting schedules with Owner’s representatives and sub-Contractors.

ALL TENDER DRAWINGS, DULY BEARING THE SEAL AND SIGNATURE OF THE TENDERER SHALL BE RETURNED WITH THE TENDER.




FORMAT - ‘B’

SUBMITTAL LIST

METHODOLOGY AND QUALITY CONTROL

The Tenderer shall submit methodology and Quality Control for the following aspects of work along with the Tender.

The evaluation of Tender will take into consideration the detailed information provided by the Tenderer.Procurement Plan

Execution/Erection Plan

Testing and Commissioning Plan.

. Maintenance plan

. System to be adopted by Contractor in selecting vendors, Sub - Contractors

Signature of the Tenderer




FORMAT - ‘C’

Schedule of Construction Plant and Equipment

The Tenderer must enter below particulars of plant he proposes to use on the works.

Description Year of Capacity Period when Owned or Manufacture available hired from start of work

------------------------------- on Next commen- phase cement

Tenderer hereby confirms that the quantity and type of Equipment they will employ for construction will not be less than those listed above and agree to bring more equipment if so, warranted in the opinion of the ENGINEERING CONSULTANT.

Signature of Tenderer.

Seal :




FORMAT - ‘D’

Schedule of TENDERERS Site Management Staff

Tenderers must enter below the name, qualifications and experience of their key full time site personnel in the proposed site organisation.

Name Qualification Position Experience Period when available from start of work

Signature of Tenderer

