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Bhub - Fire Coating - Tender Documents PDF
Bhub - Fire Coating - Tender Documents PDF
PROGRAMME MANAGER
TURNER PROJECT MANAGEMENT INDIA PRIVATE
LIMITED
Phoenix House, Plot No. 1335, Road No. 45,
Jubilee Hills,
Hyderabad – 34
INDEX
INDEX Page 1 of 1
OCTOBER 2020
CONTENTS Page 1 of 1
OCTOBER 2020
Sl.
Document Yes / No
No.
Whether addendum - _____ & Tender Clarification [if any] reviewed, stamped and
2
enclosed.
Whether Form of Tender enclosed duly signed and stamped stating the final
3
contract sum in Tenderers Letter head. [Tender Appendix A]
INSTRUCTION TO TENDERERS
INSTRUCTION TO TENDERERS
1 General
The Tenderer is to read carefully the instructions set out below and no claim will be entertained on the grounds
of failure to read or comply neither with these instructions nor for any alleged misunderstanding of their import.
Wherever reference has been made to the Principal Project Consultant, it shall also be deemed to mean the
Engineer as defined in the contract conditions.
2 Tender Scope
The Employer invites tenders for the project scope is carrying out the Tender for FIRE PROOF COATING
PAINTING WORKS for PHOENIX BUSINESS HUB TOWER – 1, HYDERABAD
3 Tender Documents
Instruction to Tenderers
Summary of Tender
Conditions of Contract
Bill of Quantities
Appendices as listed in the Index sheet
Specifications
Tender Drawings
It is the Tenderer’s responsibility to examine carefully the whole of the Tender Documents and to satisfy
himself that he understands their full import severally and jointly. The Tenderers are advised to check against
the relevant index/contents lists and satisfy themselves that they are in possession of each and every page,
drawing, schedules etc. of the Tender documents. No claims will be entertained on the grounds that the
Tenderer failed to see any of the documents.
It is the Tenderer’s responsibility to obtain all the information he requires to arrive at his tender price and no
claim for the alteration of the tender amount will be entertained on the grounds of failure to obtain accurate
information or any alleged misrepresentation, misinformation or of any written instructions given by any person
other than that allowed in the Contract Documents and any official revision notices forwarded by the Principal
Project Consultant prior to the tender submission date.
The Tenders shall be submitted at the office of the Employer within the due date and the time stipulated in the
tender invitation. The complete Tender Document shall be submitted in the following manner:
Envelope marked “PRIVATE AND CONFIDENTIAL”, “TENDER FOR FIRE PROOF COATING PAINTING
WORKS PACKAGE FOR THE PROPOSED PROJECT FOR PHOENIX BUSINESS HUB TOWER -1,
HYDERABAD” containing the Priced tender documents duly signed and sealed
All the pages (including drawings and specifications) in the tender documents shall be stamped by the
Tenderer and included in his tender submission. The Form of Tender shall be signed (and stamped) by the
authorized signatory failing which the tender shall be rejected.
6 Additional Information
In addition to the tender documents mentioned above the submission shall include the following additional
information. The Tenderer shall clearly list in his tender cover letter the additional information included in his
tender. This additional information shall be included as a separate section in the tender submission.
7 Preparation of Tender
Tenderers are advised to strictly comply with the requirement to submit the tender document only by inserting
the information as required without making any changes in the contents of the tender document issued. If the
Tenderer makes any such changes his tender will be rejected.
8 Alternative Tenders
The tenders shall fully comply with the stipulated conditions. However, if a Tenderer wishes to offer a
reduction in tender price for the same tender scope with minor, reasonable deviations he is permitted to do so
in a separate sheet (marked alternate bid) attached to the tender cover letter. The alternative proposal(s) shall
be considered at the Employer’s discretion.
9 Cost of Tendering
The Tenderer shall bear all costs associated with the preparation and submission of his tender including site
visits / investigations and the Employer will in no case be liable for those costs.
10 Site Visit
The Tenderer, at his own responsibility and risk is encouraged to visit and examine the Site of Works, its
surroundings, sub-soil conditions and obtain all information that may be necessary for preparing the Tender
and entering into a contract for construction of the Works. The costs of visiting the Site shall be at the
Tenderer’s own expense. Further, the Tenderer shall make all necessary arrangements for the safety of the
persons visiting the site and shall indemnify the Employer against any claims arising out of the Tenderer’s site
visit. Tenderers shall fill in and sign the Appendix H, Site Inspection Declaration as an evidence of their site
visit.
11 Tender Amendments
The Tenderer is not authorized to make any amendments in the tender documents unless it is officially issued
as an ADDENDUM by the Engineer. During the tender period, the Employer shall notify the Tenderers on any
amendments to be made in tender conditions or other tender documents. The Engineer or the QS / Cost
Consultant shall issue these amendments to the Tenderers in the form of tender addendum until 3 (three)
days before the tender submission date. The issue of such addendum within such date shall not entitle the
Tenderer for any extension of tender submission time.
Tenderers shall review the tender documents and if any clarifications are required, they should send requests
for clarifications to the Engineer and copied to QS / Cost Consultants
The Engineer shall review the request(s) with the other Consultants and the Employer and issue either a
clarification letter to all the Tenderers or a tender addendum as necessary. If required, the Engineer shall
arrange for a Pre-bid meeting to address the Tenderers queries and to advise or clarify any specific aspects in
the tender. The Engineer shall notify the Tenderers on the date, venue and time of the Pre-bid meeting 3
(three) days in advance and the Tenderers shall depute their representatives to the meeting. Only those
Tenderers who have visited the site and have raised queries/clarifications shall be invited to attend the Pre-bid
meeting. The outcome of the Pre-bid meeting shall be minuted by the Engineer and circulated to the
Tenderers as a tender addendum.
Any addendum issued as above shall become part of the tender documents and the Tenderers shall
acknowledge these addenda and include them in their tender submission.
12 Tender Pricing
The contract shall be based on “Re measurable” form based on the priced Bills of Quantities. The tender sum
shall be based on the rates inserted by the Tenderer in the Approximate Bills of Quantities and the Initial
Contract Sum shall be ascertained based on the actual quantities using the tender rates at the time of contract
award. No request for adjustment in tender unit rates shall be allowed for any change in the actual quantities.
The unit rates inserted by the Tenderers shall be treated as “Firm Rates” until the end of the contract duration
including extended period of contract, if any.
The Tenderer’s attention is drawn to the Preliminaries section where the various obligations of the Contractor
under the contract are notified. Tenderers are advised to include these items as required.
The tender unit rates are deemed to cover all obligations of the Contractor (statutory or otherwise) to carry out
and complete the contract in accordance with the contract drawings, specifications and other contract
documents and shall include all direct costs, all indirect costs, (excluding all taxes and duties) and any other
incidental and related costs. If a Tenderer has not priced a specific item in the tender bills of quantities, it will
be deemed that the Tenderer has covered this item elsewhere and will not be considered in the
remeasurement.
Tenderers shall not amend the quantities in the bills of quantities. If the Tenderers require clarification on any
quantities, item description, etc in the bills of quantities he should raise a request for clarification. The bills of
quantities shall be treated as a fair reflection of the scope of work defined in the drawings and specifications,
which form the basis for this contract.
Any item which is shown in the drawings but not included in the bills shall be brought to the attention of the
Engineer for clarification. The Engineer shall discuss with the QS/Cost Consultant and issue an addendum
with revised bills of Quantities, if required.
Apart from the items covered in the drawings and specifications, the tender bills may include “rate only” items
under various trades and these unit rates shall be used for assessment of variations.
Tenderers are advised to price the bills consistently. The Engineer may require the Tenderer to submit the
detailed rate analysis for the verification of the QS/Cost Consultant during the evaluation of the Tenders or
during contract execution for the purpose of assessment of variations.
13 Pricing Errors
Tenders that fully conform to the tender conditions will be checked by the QS/Cost Consultant for any
arithmetical errors and adjusted as follows.
1. where there is a discrepancy between the amounts in figures and in words the amount in words will be
used to ascertain the contract sum
2. where there is a discrepancy between the unit rate and the item total resulting from multiplying the unit
rate by the quantity whichever is found reasonable by the QS/Cost Consultant shall be used to ascertain
the contract sum
The QS/Cost Consultant shall adjust the tender sum in accordance with the above procedure for the correction
of errors and, with the concurrence of the Tenderer, shall be considered as binding upon the Tenderer. If the
Tenderer does not accept the adjustment, then the tender may be rejected.
14 Employer’s Rights
The Employer reserves the right to accept or reject any tender, to annul the tender process and reject any or
all tenders, at any time prior to award of contract, without thereby incurring any liability to the Tenderer or
Tenderers or any obligation to inform the affected Tenderer or Tenderers of the grounds for the Employer’s
action. The Employer also reserves the right not to accept the lowest tender.
The Employer further reserves the right to split the Tender at any time prior to the award of a contract or call
for revised tenders with amendments to the original tender.
The tender shall be valid for a period of 60 days from the submission of their original tender. The Employer
may request the Tenderer to extend the tender validity by a further duration and the Tenderer shall either
accept or reject the request but under no circumstance accept for extension by adjusting the tender price.
17 Performance Security
The Performance Security shall be provided by the Contractor to the Employer not later than 7 days from the
letter of acceptance and shall be issued in the said amount in the Appendix to Tender and on approved form
and by a bank acceptable to the Employer and denominated in Indian Rupees. The Performance Security
shall be valid until a date 60 days from the day of expiry of Defects Liability Period. The Performance security
shall be refunded within 45 days after expiry of Defects Liability Period
18 Ethical Standards
The Employer requires that Tenderers participating in this tender shall observe the highest standard of ethics
during the procurement and execution of this contract. In pursuance of this policy, the Employer will reject a
proposal for award of work if he determines that the Tenderer recommended for award has engaged in corrupt
or fraudulent practices in competing for the contract under consideration. For the purpose of this provision, the
terms set forth below as follows:
“Corrupt Practice” means the offering, giving, receiving or soliciting of anything of value to influence the action
of an official in the procurement process or in contract execution; and
“Fraudulent Practice” means a misrepresentation of facts in order to influence a procurement process or the
execution of a contract to the detriment of the Employer, and includes collusive practice among Tenderers
(prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to
deprive the Employer of the benefits of free and open competition.
19 Tender Confidentiality
Information relating to the examination, clarification, evaluation and comparison of Tenders and
recommendations for the award of a contract shall not be disclosed to other Tenderers or any other persons
not officially concerned with such process until the award to the successful Tenderer has been announced.
Any effort by a Tenderer to influence the Employer’s processing of Tenders or award decisions will result in
the rejection of his Tender.
20 Joint Venture
Two or three companies/contractors may jointly participate in the tender process. In such cases, each entity
would be jointly and severally responsible for completing their obligations in accordance with the contract
conditions. The parties shall nominate an authorized representative to act on behalf of the JV.
21 No Contractual Relation
The Tenderer shall acknowledge and agree that this is only an invitation to tender and shall not commit or bind
the Employer to enter into a contract or otherwise.
SCHEDULE – 1
SUMMARY OF TERMS
4. Bank Guarantee for 5.8 Bank Guarantee for 5% of Contract Price within
Contract Performance 15 days of issue of LOA, and shall be valid up to
the dates of issue of the Final Completion
Certificate.
5. Mobilization Advance 12.2.1 10% of Contract Value against bank guarantee
valid for the Contract period, recoverable from
First Running account Bill onwards on pro-rata
basis. The amount shall be recovered on prorate
basis commencing from first running bill and will
be fully recovered by the time of 80% of work
completion and invoice claimed by the
contractor/ certified by Client Representative.
6. Payment Terms 12.2 Interest free mobilization advance for a
consideration mentioned above to be released to
Contractor
Retention money at the rate specified below to
be deducted over and above the amount
submitted as Bank Guarantee for Contract
Performance
Pro rata Supply Bills/ Invoices will be submitted
to Client Representative at Site, and cost
consultants will be checking and certifying the
same for payments, after which the payments
will be released by the Client.
7. Retention Money 12.2.3 Retention money at the rate of 5% of certified
gross value of work done to be deducted from
each RA Bill. Client may at its discretion accept
the Retention Money in the form of bank
guarantee.
8. Taxes 12.2.2 (vii) In the event, the Client gets notified as a special
economic zone (SEZ) developer and the Project
as an SEZ and therefore, supply of
goods/services to the Client shall be classified
as zero rated supplies in accordance with the
GST laws. The Contractor shall complete
necessary formalities as prescribed under the
GST laws for this purpose, including but not
limited to submission of Letter of Understanding
(LUT) / Bond to the concerned statutory
authorities and the Client shall provide all
information or assistance to enable the
15. Insurance 5.23 Contractors All Risk (CAR) policy for the entire
Contract Price for the period of completion
including Defects Liability Period.
Third party insurance 5.23 Third party insurance to cover for any damages
to third party. This shall be up to the end of the
Defects Liability Period and shall include for any
damage to the properties and/ or injury including
death of any person.
SUMMARY OF CONTRACT CONDITIONS Page 2 of 3
5.30.1 Workmen’s compensation policy to cover
Contractor’s liability under Workmen’s
Compensation Act 1923 which shall be valid till
the expiry of the Defects Liability Period.
16. Construction Power 5.2 Shall be carried out by the Contractor at its own
cost
17. Construction Water 5.2 Shall be carried out by the Contractor at its own
cost
18. Office Space / Storage 5.21 All arrangements shall be made by the
Facilities Contractor at its own cost. Space will not be
provided for labor hutment or staff quarters.
19. Bill to Address M/s. Phoenix Techzone Private Limited,
Business Hub Tower-1
Survey No 118 (P), 120(P), 121(P), 122(P) &138(P),
Nanakramguda Village,
Serilingampally Mandal,
Ranga Reddy Dist.
Hyderabad, Telangana - 500032
20. Import Items NA Not Applicable
9 Indemnity: .................................................................................................................................................... 5
10 Insurance: ................................................................................................................................................ 6
45 MSME .................................................................................................................................................... 11
The following points are deemed to have been read, understood and accepted by the Contractor and shall
form part of contract documents.
Few of clauses may not be applicable for this specific package, which has been notified as “(Not Applicable)”
in the respective clauses. Wherever reference has been made to “Project Manager” it shall be read as “General
Contractor”.
1 Scope of Work:
Scope of works are mentioned in attached to this document. Refer schedule “7”
2 Site Visit:
The Contractor is advised to visit the Site and fully acquaint himself as to the nature, extent and
practicability of the Works. He shall include in his tender for any costs in respect of availability or lack
of access, working space, storage accommodation, the nature of the ground, the proximity of adjoining
structures and roads, the local regulations regarding the obstruction of public highways and any other
limitations imposed by the Site and its surroundings.
Contractor shall be made provisions for adequate shoring, strutting and bracing of any part or parts of
the structures and buildings to prevent it from becoming unsafe and/or unstable.
The Contractor shall ensure a safe working environment on the Site at all times. All safety provisions
shall be maintained properly to the satisfaction of the Client. Contractor has to fulfill the Safety
requirements as per Client’s Safety Manual. The safety requirements are not limited to the contents in
the Client’s Safety Manual and reviews on the Manual shall be binding upon the parties involved. This
includes, provision of PPE – both general and activity specific in accordance to IS Codes, machinery
and equipment to be in compliance to requirements of BOCW Act, posting of qualified and experienced
safety personnel, on site till such time as the works are in progress, implementation of safe work
method statements, Job Hazard Analysis (JHA), Risk Assessments, Permit To Work (PTW)
methodology, reporting of accidents/incidents, authorized and trained personnel for height works,
scaffolders with certified equipment, compilation of records, documents certificates, for evidence and
audit purpose. Plans – Electrical cable routing plans, lighting plans, main panel boards location and
stabilization / securing, certified and experienced Electricians, ERT plans, monsoon mitigation plans,
erection / lifting plans, etc.,
The Contractor shall take all necessary and appropriate measures and precautions for not causing
any sort of damage or nuisance or inconvenience to any of the neighboring occupants of the Project
and the Site while undertaking the Project works. In the event any damage / injury / nuisance /
inconvenience / loss of any kind caused to the property or person situated or living in the surrounding
vicinities of the site / project including the employees or officials of tenants during the execution of
works by the Contractor, the Contractor shall alone be responsible and liable to such eventualities
including damages, compensation, costs and other penal consequences etc. arising there from and
no liability shall be attributed to the Contractor and the Client in this regard. The Contractor shall
undertake to indemnify and compensate the Client in respect of all costs and expenses that may arise
as a result of third party claims or litigation against the Client due to acts or omissions of the Contractor
during execution of the Project.
6 Statutory Requirements:
a. Contractor has to obtain labour license for the project prior to start of works and submit the
Labour license copy.
b. Contractor has to comply with ESI and PF regulation and has to submit the ESI & PF challans
deposited against workmen at site with details along with RA bills.
c. Contractor has to comply with the local laws and regulation including but not limited to
Contract Labour Regulation, etc. All records in this connection shall be properly maintained
by the Contractor and produced for scrutiny by the concerned authorities, the Client whenever
called for.
d. Contractor to maintain muster roll cum wages register and submit the same on monthly basis
along with the bills.
Contractor shall be solely responsible for payment to the suppliers / sub-contractors engaged in this
project. Client will not entertain any claims from suppliers / sub-contractors with respect to dues /
withhold amounts. Contractor shall submit abstract of previous month’s suppliers / sub-contractor
payments along with the monthly bills.
The Contractor shall be solely responsible for payment of all statutory payments including without
limitation, provident fund, workers' compensation, disability benefits or for withholding and paying taxes
for the employees of the Contractor. The Contractor shall ensure that it obtains, maintains and renews
on a timely basis and complies with the terms and conditions of all requisite registrations, licenses,
permissions, approvals, etc., required by the employment laws and other applicable laws.
9 Indemnity:
The Contractor shall be liable for and shall indemnify the Client against any expense, loss, claim or
proceedings, liabilities and demands in respect of any injury or damage whatsoever to any property or
personal, in respect of personal injury to or the death of any person whomsoever in so far as such injury
or damage arises out of or in the course of transportation of the equipment to the site provided always
that the same is due to any negligence, omission of default of the Contractor , its suppliers, its servants
or agents or workmen of any sub-contractor, its servants or agents or workmen. The obligations of the
Contractor under this clause shall survive till the closure of Defects Liability period.
SPECIAL CONDITIONS OF CONTRACT Page | 5
10 Insurance:
“The principal shall obtain a contractors all risks insurance policy to cover the project and interest therein
of both of the principal and the contractor as per the standard terms and conditions and normal
deductible prevalent in the Indian market as on the date of commencement of the policy. The policy
shall have a minimum sum insured covering the present contract value.
All other insurances including but not restricted to workmen's compensation insurance where ESI is not
applicable and insurance of the contractors equipment including such liability covers as may be required
for public road use of these shall be within the responsibility of the contractor. In such workmen's
compensation insurances the principal’s interest shall be protected by a specific mention by the insurers
in the policy. The contractor agrees to indemnity and to hold harmless the principal against any claims
in respect of workmen's compensation act as amended up to date of the accident, fatal accidents act,
common law and any other law or enactment irrespective of the above insurance. In the event of any
claim the deductibles under the contractors all risks insurance shall be borne by the contractor.
The principal shall arrange to credit the contractors account to the extent of the contractors interest on
receipt of the amount in settlement of the claim from the insurers. However irrespective of the time of
this settlement of the claim or the amount settled by the insurers, it shall be the responsibility of the
contractor to complete the project as agreed and make good the loss or damage. No shortfall in the
amount of the claim received vis a vis the damage claimed shall entitle the contractor to claim the
difference amount from the principal.
It shall be the responsibility of the contractor to immediately report, justify and to provide all supporting
information and documents required to support the claim as well as to render such support as would be
required from time to time for the process and finalization of the claim. The contractor shall be
responsible for the timely reporting the claim to the insurers, authenticity of the claim made and the
documents / information provided in support thereof and agrees to hold the principal harmless against
any action / suit / consequence thereof.”
Contractor has to provide and maintain temporary channels, drains and the like for keeping the site
clear of water. Necessary dewatering to be done if water is collected / accumulated during construction,
rains, etc., for keeping site clear of water. Necessary 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.
Contractor has to provide, install and maintain all necessary temporary lighting at work places during
construction, for execution, safety or any other purpose as required.
The Contractor shall interface, programme and organize his work and liaise closely with all package
Contractors and afford whatever assistance, attendance and access that may be necessary to ensure
the satisfactory and timely sequencing and completion of all works on the Site. Any damage to the
works executed by the other vendors shall be recovered as per the decision of the Client.
Contractor has to submit Macro and Micro schedule matching to the milestone schedule with
appropriate execution strategies & methodologies and materials to complete the Milestones of the
project without any slippage of the dates.
Contractor shall submit project specific organization chart for approval with details of CV’s of all key
personnel whom he would like to depute full time dedicated for the project.
Contractor has to provide cash flow forecast for the project in line with the agreed construction schedule
and shall be updated on monthly basis as per actual.
17 Approval of samples:
Contractor has to submit sample immediately for the total list of materials as required for the project for
obtaining approval from Client / Architect / General Contractor.
Contractor shall set up site laboratories for all kinds of tests with due calibration by third party. Contractor
shall go for third party testing for any materials of same brand / change in brand as per relevant IS
Codes. The cost of carrying out and arranging for all tests and submission of test certificates/reports
called for in the Specification shall be borne by the Contractor. In case of any failure of any test, remedial
measures as recommended by the General Contractor / Consultant has to be carried out by Contractor
without any additional cost and time line impact to the Client.
19 Procurement plan:
Contractor to submit procurement plan and ensure availing of procurement clearance in advance from
the Client.
No loading in excess of the design loading shall be placed on any portion of the structure without the
written permission of the General Contractor and the Client. If such permission is granted all structural
members subjected to loading other than the design loading shall be strengthened and supported to
the satisfaction of the General Contractor and the Client at the Contractor’s expense. Notwithstanding
the written permission of the General Contractor, the Contractor shall bear all costs arising out of the
making good of any damage to the permanent structure caused by excess loading.
21 IGBC requirements:
The project is aiming for IGBC, Platinum certification. Contractor need to follow all the requirements in
terms of documentation & execution procedures. Contractor deemed to be well aware of the
requirements and would comply with the same. Cost of all such expenses necessary for carrying out
the work as per IGBC requirement is deemed to have been included in the quoted rates and nothing
extra on any account whatsoever shall be payable to the Contractor.” IGBC requirements to be met as
required by IGBC Consultants for Platinum rating documentation and any additional works to be done
and maintained by the Contractor stage wise and phase wise and shall adhere to the requirement of
IGBC specification.
All materials / raw materials shall be brought in and removed from the site only using a designated
'materials gate' monitored and controlled by the security personnel. The Contractor and his
representatives (viz. employees, workers, sub-contractors, etc.) shall strictly comply with all the
applicable rules and regulations during movement of such materials & personnel and also during the
execution of the Project.
Contractor has to submit detailed measurements, with required back –up documents and drawings to
Quantity Surveyor immediately after receipt of drawings and get it validated prior to execution / claim in
billing. Contractor has to validate quantities after receipt of drawings against the BOQ for initiation of
Variation process. Contractor has to submit such variation on monthly basis within the agreed cut-off
date for approval process. Submission after the cut-off date is not accepted. No variation is considered
in billing without prior approval / amendment from the Client.
The Client shall have right to withhold amount to the discretion of Construction Manger/General
Manager, if there are any quality issues / defective work not remedied by the Contractor, Non
Compliance notices not attended by the Contractor, failure of the Contractor to make payments properly
and regularly to its own workers, to its Sub-Contractors, to its suppliers, damage by the Contractor to
the work of other Contractors work, violation of any type of safety rules / norms
25 ERP portal
Contractor has to facilitate themselves in recording bills, variations, etc., in the Client ERP portal.
Client shall confirm Nominated sub-contractor if applicable with percentage of nomination charges to
be paid to the Contractor as mutually agreed.
27 Site clearance:
After Obtaining Substantial Completion of the Work, or whenever so directed by the Client, the
Contractor shall carry out all the work necessary to ensure that the Work areas / site related to his work
areas are clean in every respect, the surplus materials, debris, sheds and all other temporary structures
including all plant and machinery are removed from Site. Site should be maintained neat and clean.
The Employer may allow the Contactor to use any of the existing bore well for drawing water for
construction purposes. However, the responsibility remains with the Contractor for providing water for
construction purposes irrespective of availability / yield in such bore wells.
The Contractor to construct Employer’s and Client Representative’s office as per attached drawings
and specifications. Cost for the same is allowed under preliminaries section, which shall be adjusted
against the actual cost of the construction as approved by the Client Representative based on
Contractor’s proposal for the requirements.
The Contractor shall submit detailed construction programme, CVs of key personnel, Site organization
chart, and Labour histogram within 14(fourteen) days from signing of the Agreement for the Client’s
review.
The Contractor shall submit Project Quality Plan and Project Safety Plan within 21(twenty-one) days
from the Commencement Date for the Client’s review.
The Contractor shall comply with all statutory norms pertaining to the disposal of construction debris
and waste and shall fully indemnify the General Contractor / Client from any loss / damages arising out
of compliance issues in this regard.
Unwanted debris shall be removed from site and disposed of at designated place at Contractors cost,
failing which General Contractor / Client shall carry out the same through other agency and charges
shall be deducted from contractor’s bill.
Any scrap material before disposal shall be brought to the notice of Client and prior approval in writing
shall be obtained before disposal of scrap material. Applicable GST and duties if any towards the same
shall be paid by the Contractor to the authorities before removal of above specified materials.
Take note of the General Contractor / Client's general and detailed advice regarding potentially
hazardous conditions which are suspected to be present on the site.
Ensure that the Contractor obtains copies of all relevant reports or other documents held by the Client
and Statutory Authorities.
Conduct a full survey of the site / existing structure and bring to the attention of the Client any
discrepancies with design drawings.
Before starting work the Contractor shall study all available drawings and documents and carry out a
thorough survey and examination of the buildings, structures or services to be demolished or sites to
be cleared.
Consult the local Public and Statutory Authorities to determine the location of buried services.
Any buildings, structures or services to be retained on the site and any adjoining property or services
liable to be affected by demolition or site clearance shall be examined by the Contractor and the
Engineer before demolition or site clearance commences and any existing cracks or other evidence of
damage shall be notified to the owners of the affected properties.
Ensure that the condition of the adjoining property and its relationship to the property being demolished
including any wayleaves, party rights, boundary walls and other encumbrances. Sketches, photographs
and measurements shall be taken to record the extent of any existing damage, and monitoring devices
shall be fixed where instructed by the Engineer. All this information shall be recorded and provided to
the Engineer.
Before demolition or site clearance is commenced, the Contractor shall arrange with the Public and
Statutory Authorities for the locating and marking of the position of all known services affected by the
work and for the proper disconnection of their mains supplies and cables and the removal of all fixtures
and fittings not to be retained. The Contractor shall pay all associated charges.
The Contractor shall provide the Engineer with record drawings in both reproducible hard copy (A1
size) and electronic format showing the level, size, position and contents of any abandoned services,
foundations, underground chambers, vaults, wells, storage tanks, or any other underground works
discovered during demolition or site clearance work.
SPECIAL CONDITIONS OF CONTRACT Page | 9
37 Reports to local authorities (Not Applicable)
Demolition:
The Contractor shall comply with the requirements of all Local and Statutory Authorities regarding
notification of demolition works.
Use of explosives
Contractor shall comply with local regulations regarding lifting, and shall ensure the adequacy of
training and experience of crane drivers, banksmen and slingers. All statutory documentation and
certificates relating to the testing, examination and inspection of lifting machinery and lifting gear to be
used during the work, shall be brought to the Site by the Contractor for pre-inspection by the Client.
Obtain General Contractor and the Client’s approval on written method statements on any significant
mechanical lifting operations.
Contractor shall consider and make provision for any emergencies which may arise during the work,
and shall submit his proposals to the General Contractor / Client for approval prior to the
commencement of the works.
All scrap material, waste and off cuts of steel shall be the property of Client.
43 Labour Camp
Labour camp not allowed inside the site and shall be part of Contractor and cost of transportation for
labours, food, water and sanitation to be arranged by the Contractor for his workmen.
Plant and Equipment is required for the works shall be included within the unit rate of the item.
Equipment schedule attached as annexure to this document. Refer schedule 11.
The Contractor/Supplier hereby confirms and undertakes that the Contractor/Supplier is not covered or
registered under the Micro, Small and Medium Enterprises Development Act, 2006 (the “Act”) and
therefore the provisions of the Act do not apply to the Contractor/Supplier. Further, the
Contractor/Supplier hereby agrees to indemnify the Employer for any losses, costs, suits, charges or
legal actions brought against the Employer due to any non-compliance of the Act by the Employer
owing to any incorrect, or false or misleading information provided by the Contractor/Supplier or for any
other reason attributable to the Contractor/Supplier.
General Contractor for this project is responsible for the overall coordination and delivery of works on
site, and therefore Contractor is instructed to give full cooperation as needed to General Contractor in
this capacity.
47 Payment Process:
The Contractor shall submit scan copies of Payment Invoice along with submission of hard copies to
the responsible team at site and mark / CC to HYPERLINK
48 SPECIFIC POINTS
Clause 6.7.3 (Annexure -E) under General Conditions of Contract (GCC) shall not be
applicable for this project.
The changes made in GCC and SCC shall be captured in Agreed Summary of Contract
conditions which will be enclosed with LOA.
c) Tenderer to provide 3 applicators name and their credentials along with technical submission
and preferred applicator considered for the project.
1.4 Errors/Discrepancies 15
2 Client Representative 16
3.1 Assignment 18
3.2 Sub-Contractor(s) 18
4 Contract Documents 20
5.11 Sufficiency of tender & Validity of Contract Rates beyond Completion period 31
5.19 Setting-out 39
5.33 Taxation 49
9 Variations 68
9.4 Claims 70
11 Measurement 73
11.1 Quantities 73
13 Termination 82
14 Force Majeure 85
14.4 Termination 86
15 Indemnity 87
16 Settlement of Disputes 88
18 Notices 90
19 Safety Requirements 91
1.1. In the GCC, the following words and expressions shall have the meanings hereby assigned to them,
except where the context otherwise requires:
1.1.1 “Applicable Laws” means all laws, brought into force and effect by Government of India or the State
government or any Government Agency, including rules, regulations and notifications made
thereunder, and judgments, decrees, injunctions, writs and orders of any court of record, and the
exercise, performance and discharge of the respective rights and obligations of the Parties
hereunder, as may be in force and effect during the subsistence of the Contract.
1.1.2 "Approved" means approved in writing and "Approval" means approval in writing or via official e-
mails (as communicated through communication protocol under the Contract).
1.1.3 “BOQ” or “Bill of Quantities” means the documents so named which are comprised in the
schedules to the Contract.
1.1.4 “Civil Contractor” shall mean the person(s) appointed by the Client for carrying out civil works in
relation to the Project. Civil works may include structural work to be carried out for the Project as
per the scope set out in the bid documents.
1.1.5 "Client" or “Employer” means, the person(s) designated as Client or Employer in the Contract
Agreement, who engages the Contractor for execution of the Works and which expression shall,
wherever the context so requires or admits, mean and include the legal successors in title to the
Client or any assignee of the Client.
1.1.6 “Client Representative” has the meaning ascribed to it in Clause 2.1 hereto.
1.1.8 “Contract" means the notice inviting tender, instruction to Tenderers, GCC, Specifications including
Special Conditions to Contract, Drawings, Priced Bill of Quantities and letter of tender submitted by
the Contractor (in the form set out in Appendix A), schedule of rates and prices, if any,
correspondence letters concerning to tender, Letter of Award and the Contract Agreement, when
completed.
1.1.9 “Contract Agreement” shall have the meaning ascribed to it in 5.8 hereto.
1.1.10 "Contract Price" means the sum specified in the Letter of Award including Taxes, subject to such
adjustments as may be made under the provisions hereinafter contained.
1.1.11 "Contractor" means the person designated as Contractor in the Contract Agreement to execute the
Works for the Contract Price which expression shall, wherever the context so requires or admits,
mean and include the legal successors in title to the Contractor or any permitted assignee of the
Contractor.
1.1.12 “Contractor’s Manager” means any person appointed by the Contractor for execution of the
Works.
1.1.13 "Constructional Plant" means all appliances, plant, machinery and equipment or things of
whatsoever nature required in or about the execution or final completion of the Works including
Temporary Works and remedying of any defects but does not include materials or other things
intended to form or forming part of the Permanent Works.
1.1.14 “Costs” shall mean all direct and actual costs incurred by the Contractor in relation to the Works
excluding all taxes whether on or off the Site and does not include profit.
1.1.15 "Defects Liability Period" shall have the meaning ascribed to in Clause 8.1 hereto.
ii. which such Party could not reasonably have provided against before entering into the
Contract;
iii. which, having arisen, such Party could not reasonably have avoided or overcome; and
Force Majeure shall mean the exceptional events or circumstances of the kind listed below, so long
as conditions (i) to (iv) above are satisfied:
a) war, hostilities (whether war be declared or not), invasion, act of foreign enemies,
c) riot, commotion, public disorder, strike or lockout by persons other than the
employees or personnel and persons directly or indirectly engaged by the
Contractors and/or the Sub-Contractors for the Works,
For avoidance of doubt, the following shall not constitute Force Majeure:
ii. Any strikes, lockouts or other stoppage of work or labour dispute by the employees or
personnel of the Contractor or, the Sub-Contractors.
1.1.18 “GCC” means these General Conditions of Contracts forming part of the Contract.
1.1.20 “Government Agencies” means any department, division or sub-division of the Government of India
or the relevant State government where the Project is situated and includes any commission, board,
authority, agency, municipal or statutory body including panchayat under the control of the
Government of India or the relevant State government, as the case may be, and having jurisdiction
over all or any part of the Works or the performance of all or any of the services or obligations of the
Contractor under or pursuant to the Contract.
1.1.21 “Heading & Notes” means the heading and notes contained in the Contract documents.
1.1.22 “Instructions” Instructions shall mean written and verbal instructions, directions and explanations
given to the Contractor or its representatives in relation to the Works, by the Client Representative.
1.1.23 “Liquidated Damages” shall have the meaning ascribed to it in Clause 7.8.6 of the GCC.
1.1.24 “Milestone Delay Damages” shall mean a percentage/ amount recoverable from the Contractor
against non-achievement of each milestone as more particularly set out in Schedule 1.
1.1.25 “MPS” or “Master Project Schedule” shall mean the document with the duration of the detailed
Works’ schedules, milestones and deliverables based on the Project master plan. If the Client
requires, the Contractor shall be obligated to prepare the Master Project Schedule in the form of a
standardised template shared by the Client with the Contractor.
1.1.26 “Municipal Authorities” shall mean the local municipal authorities having jurisdiction over the Site.
1.1.27 “Other Contractor(s)” shall mean contractor(s) directly appointed by the Client in relation to the
Related Works.
1.1.29 “Preliminary Construction Schedule” means the Schedule developed by the Tenderer to ascertain
an estimate for the construction duration, critical path items, and to identify major milestones. If the
Client requires, the Contractor shall be obligated to prepare the Preliminary Construction Schedule
in the form of a standardised template shared by the Client with the Contractor.
1.1.30 “Priced BOQ” or “Priced Bill of Quantities” shall mean the documents so named which are comprised
in the schedules submitted by the Tenderer forming part of the Contract. The Tenderer is not
permitted to modify the language of such documents and variations if any proposed by the Tenderer
in the specifications of the BOQ shall be submitted by way of a document / annexure to the Priced
BOQ.
1.1.31 “Project” means the project as more particularly set out in the Tender Documents, certain Works
for which are required to be carried out by the Contractor in accordance with the terms hereof.
1.1.32 “Project Approvals” shall mean the planning, zoning, or similar approvals and permits for setting up
the Project and undertaking Works at the Site from Government Agencies.
1.1.33 “Punch List” shall mean a list of outstanding items prepared and jointly signed by the Client
Representative and the Contractor near the completion of the Works listing out Works which are not
yet complete and which the Contractor must complete within the timelines specified in Clause 7.9.4.
1.1.34 “Quality Assurance Plan” / “Quality Management Plan” shall mean a document, included as part of
the Tender Documents and accepted by the Contractor or submitted by the Contractor for all
activities as per BOQ which contains the detailed work methodology/ procedures, check lists,
inspection test plans meant to ensure the quality of work and final products are of the utmost quality.
A Quality Assurance Plan contains a set of documented activities meant to ensure that quality of the
goods, services and works to be carried out are conforming to the contractual requirements,
technical specifications, BOQ and Good Industry Practice.
1.1.35 “RA Bills” shall mean the monthly or milestone based progress payment bills submitted by the
Contractor.
1.1.37 “Resource Plan” shall mean the documents submitted by the Contractor with details of process of
planning the resources necessary to meet the objectives of the Project, and to satisfy the Client
Representative's requirements including materials, products, Constructional Plant, tools and
equipment.
1.1.38 “Retention Money” shall mean the accumulated retention moneys which the Client retains, and
pays, under Clause 12.2.3.
1.1.39 “Safety Plan” shall mean a health, safety and environment plan which is a mandatory requirement,
defined through the “Safety Plan” or “HSE Plan” which shall be highlighting the various activities
envisaged and suggest procedures to be developed, risk assessment & aspect impact study, and
permit to work system with respect to implementation of the Project. This is to ensure that a
systematic approach is designed, foreseeing the risks/ hazards, counter measures incorporated, via
a set of procedures, with an aim to prevent any incidents/ accidents, involving personnel directly or
indirectly involved with the activities on the Project. The Safety Plan shall be an attempt to live up
to the cause of protection of environment, conserve natural resources, as existing in and around the
Site, habitats, residential and commercial neighborhood, and also, festoon in its gambit all possible
legal requirements, that directly or indirectly, are mandatorily, abided/ complied to, throughout the
life of the Project. It shall directly imply any changes envisaged in the future that “has to be captured
in the Safety Plan, which shall be a live document throughout the execution of the Project up to
handover of the Project, signing off as complete. The Safety Plan shall be either included as part of
the Tender Documents and accepted by the Contractor or submitted by the Contractor and approved
by the Client Representative.
1.1.40 “SCC or Special Conditions of Contract” shall mean special conditions of the contract forming part
of the Contract. Please refer to Schedule 2.
1.1.41 “Site” shall have the meaning assigned to it in the notice inviting tenders and includes the land and
other places on, under in or through which the Permanent Works or Temporary Works are to be
executed and any other lands and place provided by the Client for working space or any other
purpose as may be specifically designated in the Contract as forming part of the Site.
1.1.43 “Specifications” means the specification referred to in the Tender Documents and any modification
thereof or addition thereto as may, from time to time be furnished or approved in writing by the
Client Representative and includes Special Conditions to Contract.
1.1.44 “Stop Work Notice” shall mean the notice issued to the Contractor for stoppage of work.
1.1.45 “Sub-Contractor” shall mean any person named in the Contract as a Sub-Contractor, or any other
person appointed as a Sub-Contractor for a part of the Contract in accordance with the Contract.
1.1.46 “Substantial Completion" means, when construction of all elements of the “Permanent Works”
which are essential to perform its purpose, is sufficiently complete, in accordance with the Contract
documents, so that the Client can beneficially occupy or utilize the Permanent Works or designated
portion thereof, for the use for which it is intended, as expressed in the Contract documents,
although there may still be miscellaneous Punch List items left to be done causing some
inconveniences to the Client, provided always that such Punch List items of work do not significantly
interfere with the intended use of the Permanent Works.
1.1.47 “Temporary Works" means all temporary works of every kind required in or about the execution
and completion of the Permanent Works or maintenance of the Permanent Works, for remedying of
any defects and any specified Works described as Temporary Works in Drawings/ Bill of Quantities/
Specifications.
1.1.48 “Tender Documents” means notice inviting tender, instruction to Tenderers, GCC, Specifications,
Tender Drawings, blank Bill of Quantities and other documents released by the Client as tender
document for the Works.
1.1.49 “Tender Drawings” means the drawings referred to in the Specifications and /or Special Conditions
to Contract and any modification for such drawings.
1.1.50 “Tenderer” shall have the meaning ascribed to it in the Tender Documents.
1.1.52 "Works" means all works to be carried out by the Contractor in relation to the Project as per the
Contract and shall include both Permanent Works and Temporary Works.
1.1.53 “Taxes” mean the goods & service tax, entry tax, octroi and other indirect taxes, levies, duties and
cess (except labour cess) applicable to execution of Contract Works.
Words imparting the singular shall also include the plural and vice versa where the context requires.
The table of contents, headings or sub-headings in the Contract are for convenience of reference
only and shall not be used in, and shall not affect, the construction or interpretation of the Contract.
1.4. Errors/Discrepancies
If there is any inconsistency or discrepancy between the documents forming part of the Contract
or between one or more requirements of any of those documents, then the Contractor shall identify
and bring the inconsistency or discrepancy to the attention of the Client Representative. The Client
Representative may on becoming aware of any such inconsistency or discrepancy, issue instructions
resolving the inconsistency or discrepancy and directing the Contractor as to how to proceed. The
Contractor shall comply with these instructions and directions.
2.1.1 The Client Representative means the person appointed by the Client who shall act on behalf of the
Client in relation to the Project and shall include any replacements thereof of such person.
2.1.2 The general duties and responsibilities of the Client Representative shall include the following:
2.1.4 The Contractor shall afford the Client Representative every facility and assistance for inspecting the
Works and materials and for checking and measuring Work and materials and shall provide all
assistance and produce all records, supporting documents which the Client Representative may
require in this regard.
2.1.5 Failure of the Client Representative to disapprove any Works or materials shall not prejudice the
power of the Client Representative thereafter to disapprove such Works or materials and to order
the pulling down, removal, or breaking up thereof.
2.1.6 The Client Representative shall be authorized to supervise, test, examine any materials and/or
Works, to order, cancel, alter, modify, any of the materials, items or Works within the frame work of
the Contract, to approve/reject requests for modifications in Works or MPS whether or not such
orders, approvals, rejections, etc., involves increase or decrease in the costs or time.
2.1.7 The Client Representative is further authorized to check, correct, modify and certify or reject any bill
or requests for payment for the materials, items or part of Works. The Client Representative shall
also be entitled to deduct/set-off and/or withhold payments against any RA Bill in case of any defect
in the Works and levy Penal Charges in accordance with Clause 12.3 hereto. The Client
Representative’s decision shall be final and binding on the Contractor.
2.1.8 The Contractor shall execute and maintain the Works in strict accordance with the Contract to the
satisfaction of the Client Representative and shall comply with and adhere strictly to the instructions
and directions from the Client Representative.
2.1.9 Instructions given by the Client Representative to the Contractor shall be in writing. The Contractor
agrees that any approval, waiver or acknowledgment given by the Client Representative with regards
to any design, Drawings, Specifications or the Works executed at the Site shall not relieve the
Contractor of its obligations under the Contract.
3.1. Assignment
3.1.1. The Contractor shall not assign the Contract or any benefit or obligations or interest therein or
thereunder without the prior written consent of the Client Representative.
3.1.2. The Client may, at any time, assign or transfer or enter into an agreement to assign or transfer the
Contract or its rights and benefits hereunder, in favor of the Project lenders. The Client may exercise
its rights under this Clause, either in part or in full.
3.1.3. The Contractor agrees that the Client may require the Contractor to enter into any arrangement/
agreement or other understanding in writing for giving effect to such assignment at the instance of
the Project lenders.
3.2. Sub-Contractor(s)
3.2.1. The Contractor shall submit to the Client Representative a list of Sub-Contractor(s) (not less than
three names for any individual discipline) for the Approval of the Client Representative for execution
of any part of the Works. The Client Representative may approve all or any of the names or may
reject all of the names, which in its opinion do not meet the prerequisite qualifications. Thereafter,
the Contractor shall re-submit a fresh list of names for Approval. Further, in the event that none of
the names submitted by the Contractor are acceptable to the Client Representative, the Client
Representative may suggest names to Contractor and the Contractor shall appoint any of the
suggested persons as it shall deem fit. The Contractor shall be responsible for the acts, defaults and
neglects of any Sub-Contractor, its agents, servants or workmen as fully as if they were the acts,
defaults or neglects of the Contractor, its agents, servants or workmen. It is clarified that any sub-
contracting of any part of the Works shall require the prior written Approval of the Client
Representative.
3.2.2. The terms and conditions of the Contract shall equally be applicable to the Sub-Contractors and it
shall be the sole and exclusive responsibility of the Contractor to ensure that they are complied with
in respect of the Sub-Contractor(s) as well and the Contractor shall not waive, release or impair any
of the terms of the Contract. In particular, but without limitation, this shall apply to insurance and
compliance with Applicable Law.
3.2.4. The Contractor shall ensure that all sub-contracts are made in writing and the Contractor shall
promptly furnish to the Client Representative the details of the Works subcontracted and of the Sub-
Contractor(s) when requested by the Client Representative. Under any circumstances, not more than
15% (fifteen percentage) of the Contract Price as shown in LOA shall be subcontracted by the
Contractor.
3.2.5. The Contractor undertakes that the benefit of a Sub-Contractor’s obligation in respect of its
warranties towards the Contractor are assigned to the Client if such period of warranty is likely to
extend for a period exceeding that of the Defects Liability Period under the Contract.
3.2.6. It is expressly agreed that the Contractor shall, at all times, be responsible and liable for all its
obligations under the Contract notwithstanding anything contained in any of its sub-contracts or any
other form of agreement/ arrangement, and no delay, default or non-performance under any such
Sub-Contractor agreement/ arrangement shall excuse the Contractor from its obligations or liability
hereunder.
3.2.7. The Contractor shall ensure and procure that all sub-contract(s) contain provisions that entitle the
Client to step into such sub-contracts in substitution of the Contractor in the event of a breach or
default committed by the Contractor under the sub-contracts.
The language for the Contract and related aspects shall be English. All correspondence, Construction
documents and other information generated in connection with the Works shall be in English.
Instructions and notices to the public and staff and all other signs and information notices shall be in
English and if situation demands in the relevant local language. In case of any communications made
by the Contractor to the local authorities/State government in local language or any communication
received by the Contractor in a local language, the Contractor agrees to provide a copy of the same
to the Client Representative, together with a translation in English.
4.2.1. The several documents forming part of the Contract are to be taken as mutually explanatory of one
another, but in case of ambiguities or discrepancies, below order of precedence shall apply:
a) Contract Agreement
b) Letter of Award, along with statement of agreed variations and its enclosures, if any
c) Tender Clarifications etc.
d) Special Conditions of Contract
e) General Conditions of Contract
f) Tender Drawings
g) Technical Specifications
h) Final Offer including unconditional Priced BOQ
4.2.2. Further, the Site Instructions issued at the Site at the time of execution, shall have precedence on all
technical matters over GFC Drawings and technical Specifications.
4.2.3. If any ambiguity is found in the Contract documents, Client Representative shall issue any necessary
clarifications or instructions as appropriate.
4.3.1. The intellectual property in the Drawings, including any modified Drawings thereof, shall belong
solely and exclusively to the Client. The Contractor shall not have any right, title or interest therein.
The Contractor shall not use such Drawings for any purpose whatsoever other than for the
completion of the Works. The Contractor shall not make any copies of the Drawings other than
specifically authorized by the Client Representative in writing. On the Substantial Completion of
Works, the Contractor shall return to the Client Representative all copies of the Drawings in its
possession including As-built drawings. The Contractor shall keep the Client fully indemnified from
and against all claims, liability, loss, damage, costs and expenses arising out of infringement of
intellectual property in relation to the Drawings by the Contractor in the manner set out in Clause 15
below.
4.3.2. The Drawings shall remain in the sole custody of the Client Representative, but two copies thereof,
shall be furnished to the Contractor free of charge. The Contractor shall provide and make at its own
expense any further copies required by it.
4.3.3. Notwithstanding and irrespective of the fact that the Client Representative shall provide the
Drawings (save and except as provided in Clauses 4.5 and 4.6), the Contractor shall not be relieved
or absolved in any manner whatsoever of its obligations, duties and liabilities as set forth in the
Contract including compliance with the Master Project Schedule and the Specifications.
One copy of the Drawings, furnished to the Contractor as aforesaid, shall be kept by the Contractor
at the Site and the same shall at all reasonable times be available for inspection and use by the Client
Representative and Consultants and their representatives and by any other person authorized by the
Client Representative in writing.
The Contractor shall inform and give written notice with all details to the Client Representative
whenever planning or progress of the Works is likely to be delayed or disrupted unless any further
Drawing(s) or Approval is issued by the Client Representative within a reasonable time. The
Contractor, after Award of Work shall furnish along with its construction program, the Drawing
requirement schedule for approval by the Client Representative.
GENERAL CONDITIONS OF CONTRACT Page 21 of 118
4.6. Further Drawings and Instructions
The Client Representative shall have full power and authority to supply to the Contractor, from time
to time, during the progress of the Works, such further Drawings and instructions as shall be
necessary for the purpose of the proper and adequate execution and maintenance of the Works. The
Contractor shall carry out and be bound by the same.
5.1.1. The Contractor shall, subject to the provisions of the Contract, and with due care and diligence,
execute and maintain the Works and provide all labour, including the supervision thereof, materials,
Constructional Plant and all other things, whether of a temporary or permanent nature, required in
and for such execution and maintenance, so far as the necessity for providing the same is specified
in or is reasonably to be inferred from the Contract including remedying defects during Defects
Liability Period.
5.1.2. The Contractor shall take full responsibility for the adequacy, stability and safety of all Site operations
and methods of construction in compliance with the HSE guidelines set out in Appendix F hereto,
provided that the Contractor shall not be responsible, except as may be expressly provided in the
Contract, for the design or Specifications of the Permanent Works, or for the design or Specifications
of any Temporary Works.
5.1.3. The Contractor shall achieve the key intermediary Works milestones and complete the Works
accordance with the timelines set out in the Project Master Schedule.
5.1.4. The Contractor shall comply with all Applicable Laws applicable to the performance of the Works and
ensure that its Sub-Contractors comply with the same and procure and comply with all statutory
clearances and approvals required under Applicable Laws for performance of its obligations under
the Contract.
5.1.5. The Contractor shall, on its own and at its own expense, obtain all necessary permits and permissions
to execute the Works, including required registrations, agents, etc., and shall indemnify the Client in
all such related matters. However, the Project Approvals shall be the responsibility of the Client.
GENERAL CONDITIONS OF CONTRACT Page 22 of 118
5.1.6. The Contractor shall not place or create nor permit any Sub-Contractor or any other person claiming
through or under the Contractor to create or place any encumbrance or security interest over all or
any part of Site or the Project, or on any rights of the Contractor therein or under the Contract.
5.1.7. The Contractor shall ensure that after entering upon the Site or part thereof, it keeps the Site free
from all encroachments and takes all steps necessary to remove encroachments, if any, provided
that the Client Representative shall assist the Contractor in co-ordinating with the law enforcing
agencies.
The Contractor shall be undertaking the following responsibilities, which are assumed to be
covered in the Contract Price of the Works.
i. Lifting, hoisting, lowering and placing at the respective floor level of plant, machinery,
services equipment or the like including unloading of items of plant, machinery or the
like and conveying to the required location without affecting the finishes in co-
ordination with the Client Representative & other contractors.
ii. The provision, erection, maintenance and removal of all its temporary offices and
storage facilities, accommodation (if applicable), telephone and fax lines and equipment,
etc., including paying all charges and costs in connection therewith.
iii. The provision of erection and removal of special scaffolding including altering and
adapting from time to time as necessary.
iv. Assisting the Client Representative in the preparation and updating of the combined
services drawings and resolving any discrepancies and inconsistencies with the Civil
Contractor and other contractors. The final version of the combined services drawings
shall be reviewed by the design consultant and approved by the lead design consultant
(names of whom are specified in Schedule 1).
v. Providing water, and power supplies at site at one point by the Civil Contractor or the
Client
vii. Preparation and submission of all "operating manuals", "samples", "working", "shop"
and "as-built" drawings as required, in a timely fashion throughout the Project.
ix. Painting of pipes, conduits and equipment unless otherwise stated in the Tender
Documents.
x. Filling, grouting, sealing and pointing (with approved materials, including fire rated
materials) and making good all other contractors’ works which are executed or installed
by them so as to ensure that their works are watertight and properly sealed and secured
at the interface with adjacent works and structure.
The Contractor shall be undertaking the following responsibilities, which are assumed to be
covered in the Contract Price of the Works.
i. Lifting, hoisting, lowering and placing at the respective floor level of plant, machinery,
services equipment or the like including unloading of items of plant, machinery or the
like and conveying to the required location without affecting the finishes in co-ordination
with the Client Representative & other contractors. Hoisting facilities, tools & tackles
already erected by a Civil Contractor or by the Client can be used by the Contractor.
However, it shall be on chargeable basis if the usage involves any additional financial
implications on the Civil Contractor or the Client, as the case may be. Where materials,
plants, tools, etc., have been hoisted to the nearest level possible by the hoisting
facilities, it shall be the responsibility of the Contractor to lift or move these to the
required position using its own facilities.
ii. The provision, erection, maintenance and removal of all its temporary offices and storage
facilities, accommodation (if applicable), telephone and fax lines and equipment, etc.,
including paying all charges and costs in connection therewith.
iv. Assisting the Client Representative in the preparation and updating of the combined
coordinated services drawings and resolving any discrepancies and inconsistencies with
the Civil Contractor and other contractors. The final version of the combined coordinated
services drawings shall be reviewed by the design consultant and approved by the lead
design consultant (names of whom are specified in Schedule 1).
v. Connecting to water, and power supplies made available by the Civil Contractor or the
Client (at a common point) including supplying, connecting and running distribution
cables, leads and electrical gears, water hoses, and gas hoses and any other connections
as required and ensure no leakages of water or misuse of utilities to the required floor
level / work area.
vi. Taking full responsibility for any loss of, or damage to its own materials, plant, tools and
equipment which are not part of the Works, including covering and protecting against all
loss or damages.
vii. Sealing between sleeves built-in by the Civil Contractor and the pipe, duct, trunking etc.
using materials and methods of suitable fire rating. The Contractor shall also provide
suitable acoustic rockwool packing, isolator pads and acoustic seals, etc., where
required, all to the satisfaction of the Client Representative.
viii. Executing any other builder's works which are not executed by the Civil Contractor
including cutting (as opposed to forming) chases, holes, mortises, recesses and the like
in brickwork and concrete work. Cutting and chasing through false ceilings, partitions,
finishes and the like by the Contractor shall include for filling in, grouting, sealing and
making good all works disturbed. However, should the Contractor fail to make good the
damage/corrections, it shall be done by the Civil Contractor or the Client on chargeable
basis. All requirements should be coordinated with the Civil Contractor in advance to
avoid disruption or delay to the overall schedule and avoidance of damage to works by
others interfacing with those of the Contractor or Civil Contractor.
ix. Preparation and submission of all "operating manuals", "samples", "working", "shop"
and "as-built" drawings as required, in a timely fashion throughout the Project.
xi. Painting of pipes, conduits and equipment unless otherwise stated in the Tender
Documents.
xii. Filling, grouting, sealing and pointing (with approved materials, including fire rated
materials) so as to ensure that their works are watertight and properly sealed and
secured at the interface with adjacent works and structure.
xiii. Bringing and depositing all rubbish at a designated place on the Site for Civil Contactor/
Client clearance, at the end of each shift or sooner, depending on the built up, and risk
as a hazard to maintain a clear and safe work front at all time. For carrying out the
aforesaid activities/services, the Civil Contractor/ Client shall be entitled to levy back
charges to the Contractor, to the extent it pertains to the Works.
The Client on chargeable basis shall provide electricity for the construction purposes at one point at
Site as stated in Appendix G. However, if the power supply fails/low voltage for any period of short
or longer duration due to reasons beyond the Client’s control, the Contractor shall arrange the power
at its own cost, make alternate arrangement for uninterrupted progress of work. Necessary
distribution shall be carried out by the Contractor at its own cost including cost of electrical of all
equipment to the electrical outlets or switches.
The Civil Contractor shall arrange water supply for construction activities at the Site. For non-civil
works, the Civil Contractor on chargeable basis may provide water for the construction purposes at
one point at Site as stated in Appendix G. However, if the water source or supply fails for any period
of short or longer duration due to reasons beyond the Civil Contractor’s control, the Contractor shall
arrange the water at its own cost, make alternate arrangement for uninterrupted progress of work.
Necessary distribution shall be carried out by the Contractor at its own cost including cost of
necessary pipe/connection.
The Contractor shall furnish to the Client Representative full particulars, drawings etc., of all
Temporary Works necessary for the execution of the Works and shall allow sufficient time for the
Client Representative to consider the same. The Client Representative reserves the right to
comment/alter the Contractor's proposals if it considers that modifications should be made. The
Contractor shall be solely responsible for the stability and safety of all Temporary Works and
unfinished Permanent Works resulting from the arrangements eventually adopted for their
execution.
During the execution of the Works, the Contractor shall take all precautions and exercise full care, at
its cost, to ensure that no damage is caused by its representatives or workmen, to the existing water
supply, sewage, power or telecommunication lines or any other services or works. The Contractor
shall provide and erect, before construction, substantial barricades, guardrails, and warning signs.
The Contractor shall furnish, place and maintain adequate warning lights, signals, etc., as required by
the Client Representative, Approval of which shall not relieve the Contractor of its responsibilities,
obligations and liabilities for safety and timely completion of the Works.
If any service lines have to be shifted / diverted, it shall be done so with the explicit permission of
the Client Representative and shall be ordered as a Variation.
The Civil Contractor shall, at its cost, be responsible for the clearance from the Site of all scrub, debris,
rubbish, etc. that shall be carted to an area not objected to by the Municipal Authorities. However,
no trees shall be removed without the prior permission of the Client Representative. The structures,
services, and Works to be demolished and removed shall also be removed off Site to a location as
mentioned above. The Civil Contractor shall obtain necessary permissions and approvals from local
authorities for such disposals. The demolition shall include digging, excavating, and removal of
substructures, foundations, buried works including loading, unloading and transportation of the
same to an area not objected to by the Municipal Authorities.
5.6.1. The Contractor shall at all the times keep the Site clean and free from all debris and unwanted
materials and shall adhere to instructions of the Client Representative in this regard.
5.6.2. Storage of materials shall be in organized manner and in proper compartments. Storage on
suspended floors shall not be permitted unless specifically approved in writing by the Client
Representative for specific materials in specific locations and in approved manner. Client
Representative shall be furnished with load details, if requested, before seeking Approval for storage.
5.6.3. Regular cleaning operations shall be undertaken to remove all dust, debris, waste materials, etc. and
disposal of the same. Contractor shall, wherever required at the Site or as instructed by the Client
Representative, keep and maintain separate bins for disposal of such dust, debris, waste materials,
etc., in accordance with Applicable Laws. A cleaning schedule shall be maintained by the Contractor.
5.6.4. Contractor shall, at its cost, make its own arrangements for storage of those materials, which cannot
be accommodated at Site. Contractor shall be fully responsible for safe custody of the same.
Materials shall be considered as "Delivered at Site,” only after the physical presence of materials at
Site. Stores elsewhere shall not be eligible for being considered as "Delivered at Site.”
5.6.5. The Contractor understands that the Site is free from pollutants at the time of access to the Site and
commencement of Works. The Contractor shall, at its cost, comply with all applicable environmental
laws and regulations and shall ensure that the Site remains free from pollutants till the end of the
Project.
5.6.6. Contractor shall, at its cost, be responsible to keep entire Site free from water due to water coming
from any source including monsoon water at any level and shall protect all materials and Works from
being damaged by the water from any source. Contractor shall make proper arrangements for
drainage prior to use of water for curing, testing, cleaning etc.
5.6.7. Storage of material in conformance to their characteristics of flammability shall be duly administered.
Separate storage of flammable articles, consumables, and all other chemicals shall be done in
containments with ventilation and required fire-fighting facilities, at hand. Signage shall be displayed
at all such locations where such flammables are stored, with specific MSDS, to facilitate the use of
specific extinguishers.
The Contractor shall not make temporary roads until Approval from the Client Representative is
given. Site access and circulation roads are to be on the lines agreed to with the Client
Representative.
No vehicle other than those specifically allowed by the Client Representative shall be permitted on
Site. The Contractor shall produce all documents/receipts as required by the Client Representative.
All the vehicles and materials coming to the construction Site should be checked for explosive
materials by using metal detectors and under vehicle scanner.
Contractor shall, at its cost, make temporary roads for access to the Site. It shall be the responsibility
of the Contractor to remove such temporary road at its cost and to hand over the premises as per
the instructions of the Client Representative. Signage, caution boards and self-descriptive signs shall
be displayed along the roads, both permanent and temporary, to keep the commuters alerted.
Speed limitations shall be a point of concern, to be displayed and a part of the induction training to
be imparted to all drivers, equipment operators, etc.
The Contractor shall follow all rules in this regard, as may be specified in the Safety Plan.
The Contractor shall co-ordinate and carry out the works for cut outs, holes, fixings and builders
work, for internal and external services installations in accordance with the requirements of the
relevant Drawings, which shall be made available to Contractor by the Client Representative.
The Contractor shall when called upon to do so enter into and execute a Contract Agreement, to be
prepared and completed at the cost of the Contractor, in the form annexed as Appendix B hereto
("Contract Agreement") with such modifications thereto as required by the Client in its sole and
absolute discretion. The Schedule 1 to the Contract Agreement shall be as per the Tender
Documents.
For the due performance of the Contract, the tender shall contain an undertaking by the Contractor
to obtain, on being awarded the Letter of Award and before execution of the Contract and any
monies are paid to it under the Contract, an unconditional and irrevocable bank guarantee for its due
performance under the Contract (“Bank Guarantee for Contract Performance”) from a scheduled
bank duly approved by the Client Representative having branch or correspondent bank in Hyderabad
in the format as indicated in Appendix C hereto for a sum as detailed in Schedule 1 hereunder, the
said bank and the terms of the said guarantee shall be such as, they are approved by the Client
Representative. The obtaining of such guarantee and the cost of the guarantee to be so entered into
shall be at the expense of the Contractor. The Bank Guarantee for Contract Performance shall be
valid up to the date as mentioned in Schedule 1.
Client Representative will invoke the Bank Guarantee for Contract Performance on failure to fulfill
either of the following conditions:
i. Non-completion of the Works within the agreed time for completion as mentioned in
Schedule 1;
ii. Failure by Contractor in performing the obligations under the Contract; or
iii. Any other non-performance as mentioned elsewhere in the Contract.
The Bank Guarantee for Contract Performance will be released to the Contractor on expiry of the
Defects Liability Period with a grace period of 28 days.
The Contractor shall be deemed to have inspected and examined the Site and its surroundings and
information available in connection therewith and to have satisfied itself, so far as is practicable,
before submitting its tender, as to the form and nature thereof, including the sub-surface conditions,
the hydrological and climatic conditions, the extent and nature of the Works and information it may
require, workability/working time due to traffic restrictions, and possible limitation due to existence
of homes & offices in the neighborhood etc., and, in general, shall be deemed to have obtained all
necessary information on subject as above mentioned as to risks, contingencies and all other
circumstances which may influence or affect its tender. The Contractor shall also be deemed to have
verified to its satisfaction, the access and the right of way to the Site for execution of the Works. The
Contractor shall not be entitled to rely only on the information provided by the Client Representative
and shall make independent enquiries and be satisfied about such information.
The Contractor shall be deemed to have satisfied itself before tendering as to the correctness and
sufficiency of its tender for the Works and of the rates and prices stated in the Priced Bill of Quantities
except in so far as it is otherwise provided in the Contract, cover all its obligations under the Contract
and all matters and things necessary for the proper execution and maintenance of the Works.
Contractor shall note that the statutory levies, price escalation on basic materials and annual cost
adjustments on POL and labour shall be payable at actuals. Please refer schedule of rates for basic
rates in the Priced BOQ.
The Contract Price shall be adjusted to take account of any increase or decrease in costs resulting
from any change in Applicable Laws made after the date of Award of Works which has a direct impact
on the Works and affects the Contractor in performance of its obligations under the Contract.
The Contractor shall execute and maintain the Works in strict accordance with the Contract to the
satisfaction of the Client Representative and ultimately to the satisfaction of the Client and shall
comply with and adhere strictly to the instructions and directions of the Client Representative. All
installations to be carried out for execution of the Works shall be as per industry standards and the
guidelines set out in Appendix F hereto.
The Client Representative shall make available to the Contractor with the Tender Documents and
other relevant data, relevant to the Works, as shall have been obtained by it pursuant to investigation
undertaken by the Client in relation to the Project.
The Tender Drawings furnished by the Client Representative, if any, are for tender purpose only and
are intended as a guide to the Contractor and give general layout of buildings and structures and
general positions of utilities, services and equipment only and in measuring from these Tender
Drawings and preparing tender quotes, the Contractor must make due and proper allowance for all
necessary diversions from the straight line, rises or falls as may be required for the proper execution
of the Works.
Detailed Drawings in all cases shall be worked to in preference to those of a more general nature and
figured dimensions where indicated shall be followed in preference to scaled dimensions.
Should any item of equipment, materials or labour that would reasonably and obviously be inferred
as necessary for the complete safe and satisfactory usage of the Works or part thereof, even though
not expressly specified, the Contractor shall provide and execute such Works as a part of the Contract
without any additional claim for the same.
Client Representative shall issue three (03) sets of good for construction Drawings in soft copy and
followed by hard copies in due course, to the Contractor.
The Client Representative may from time to time during the term of the Contract issue the Contractor
with revised Drawings for construction and the Contractor shall ensure that all superseded Drawings
are removed from Site and stored in a lockable cabinet as directed by the Client Representative and
replaced by revised Drawings for construction.
The Contractor shall ensure that a complete up to date register of Drawings is maintained at Site. All
Drawings shall be properly filed and indexed by details of Work and date of issue, for ready reference.
The Contractor shall ensure that only the valid up to date Drawings for construction is used for
fabrication, setting-out, installation, construction, etc. Any Works which are not executed, as per
approved Drawings shall be considered, unauthorized work and no payment will be applicable on
such Works.
Shop and fabrication drawings shall mean any or all drawings, required for satisfactory execution of
such part of Works involving steelwork, metal work, acoustic work, bar bending schedules etc., as
required by the Client Representative and shall be in addition to the Drawings for construction.
The Contractor shall be entirely responsible for co-ordination of entire Works at Site including the
Works carried out by Sub-Contractors and shall ensure that all necessary shop and fabrication
drawings are properly prepared by the Contractor and are submitted to the Client Representative for
approval in sufficient time so as not to cause any delay in the expeditious execution of the Works as
per the MPS. Such Approval shall not absolve the Contractor from its responsibility for timely
completion of the Works.
GENERAL CONDITIONS OF CONTRACT Page 32 of 118
Shop and fabrication drawings to be prepared by the Contractor and/or its Sub-Contractor shall be
such that all details are included as required by the Client Representative at an appropriate scale to
ensure that the Works are properly executed, coordinated, fabricated and installed in accordance
with the Drawings and Specifications.
The Contractor shall make a general check of all physical sizes and details of plant and equipment
required and/or specified for the Works and shall inform the Client Representative of any matter that
may come to its notice with which it disagrees. Any comments by the Contractor on the difficulty in
incorporating the plant, materials and equipment in the Works and the time required for the
completion of the Works shall be made to the Client Representative.
Shop and fabrication drawings shall strictly follow basic Drawings & design intent. Any deviation from
the shop and fabrication drawings resulting in variation in quantity and cost of the Works shall be
considered as unauthorized work and no payment shall be applicable for such Works, even if the
shop drawings are approved.
5.13.4. Discrepancies
The Contractor shall bring to the notice of the Client Representative any discrepancies within or
between construction Drawings and/or the other Contract documents prior to commencement of
Works in a timely manner in advance such that it will not have any negative impact on progress and
shall not proceed with the Works until the Client Representative gives clarifications and instructions
to proceed. Therefore, the Contractor must engage proactively with the Client Representative and
other stake holders in thorough review of all Contract documentation in planning the Works to
achieve timelines as committed in the MPS.
The Contractor will also be responsible for validation of Bill of Quantities for its completeness and
adequacy, to cover the entire scope of works covered in Drawings and Specifications during Contract
signoff stage. Any discrepancy found at this stage shall be corrected and incorporated in Priced BOQ.
No variation at a later stage will be entertained on GFC drawing and BOQ issued during Contract sign
off stage except any additional works instructed by the Client.
Any Client Representative’s Instructions shall include written instructions including through emails
followed by a formal letter. Such Instruction may include directions and explanations to the
Contractor or its representative in relation to the Works. Variations, if any, shall be confirmed in
writing before execution.
i. If compliance with the Instructions as aforesaid involves work and scope adjustment to the
Contract, unless the same were issued owing to some breach or non-compliance of the
Contract or misinterpretation of the Contract documents by the Contractor, the Client
Representative shall value the said work as provided in Clause 6.7 herein, and such
valuation will be added or be deducted from the Contract Price.
ii. If the Contractor after receipt of written notice requiring compliance with such Instructions,
fails to comply with the same within seven days of such receipt, the Client Representative
may employ and pay other agencies to execute any such work whatsoever, as may be
necessary to give effect thereto, and all costs incurred in connection therewith shall be
recoverable from the Contractor by the Client Representative on a certificate by the Client
Representative as a debt or may be deducted by the Client Representative from any money
that are or may become due to the Contractor including from the Bank Guarantee for
Contract Performance.
As-built drawings shall be under preparation from the onset of the Contract, in order that all minor
amendments and discrepancies from the Drawings including construction, shop and fabrication
drawings are incorporated. To ensure that this requirement is complied with, the Client
Representative shall check the drawings on his request as the works proceed. The As-built drawings
shall be updated by the Contractor on monthly basis and recorded as accepted and acknowledged
by the Client Representative. 4 laminated sets of as-built drawings and one soft copy on a CD shall
be submitted by the Contractor on the date of issuance of the certificate of Substantial Completion
5.16.1 The Contractor shall include in its tender submission a Master Project Schedule in MS Projects which
shall indicate all the activities with proper presents and dependents and key intermediary milestones
(around 4-5 milestones) duly identified and submit the same to the Client Representative for its
review and comments. The Master Project Schedule shall be prepared using the template provided
by the Client as part of the Tender Documents. This shall be done assuming a start date as date of
commencement of Works as specified in Schedule 1 with number of days to complete the Works.
Within 10 days, from the issuance of the Letter of Award but before commencement of the Works
and payment of Mobilization Advance, the Contractor shall prepare a detailed and comprehensive
cost loaded and resource loaded schedule in MS Projects along with key intermediary milestones, for
review and Approval by the Client Representative with a definite start date to be notified by the
Client Representative. This Approved schedule shall become the MPS and shall form the basis of all
Works to be performed by the Contractor and evaluation of achievement of intermediary milestones.
There shall not be any variation in the number of days required as indicated in the preliminary
construction schedule and final schedule submitted by the Contractor for approval. Such schedule
shall also be prepared using the template provided by the Client as part of the Tender Documents.
Notice to proceed will not be issued to the Contractor unless the Contractor produces the final cost
loaded resource loaded schedule in MS Projects to the satisfaction of Client Representative.
5.16.2 The MPS shall show approximately the date on which each part or division of the Works is expected
to begin based on the Contractor’s knowledge of the Works and of other contractors (In case of inter
dependencies) and date when the Works is scheduled to be finished along with intermediary
milestones. Upon request of the Client Representative, the Contractor should be prepared to discuss
its comprehensive schedule in relation to the master schedule maintained by the Client
Representative for the Project and shall co-ordinate its Works with that of the other contractors in
order to align with master schedule maintained by the Client Representative for the Project and
arrive at the MPS for the Works.
5.16.3 The Contractor shall also furnish to the Client Representative progress reports of actual progress of
the Works, up to the last working day of the month, on a monthly basis. The progress reports shall
give all such relevant information as may be required by the Client Representative. Such progress
reports shall be prepared and submitted by the Contractor in soft copy and in 3 (three) hard copies
or such additional copies as may be required by the Client Representative. Each progress report shall
be submitted on the 5th (fifth) day of the succeeding month. The Contractor shall continue to submit
the progress reports until the issuance of Certificate of Substantial Completion by the Client
Representative. Each progress report shall include:
a. an executive summary;
b. the extent of progress (as a percentage of the whole) of the Works, and the anticipated
completion date of the remaining Works milestones;
h. details of the quality control tests performed during the month for the quantities
executed during such month and a comparison showing the tests required to be done
as per the Specifications along with the tests done till previous month;
i. Updated MPS showing the completed activities up to the previous month in the cost
loaded and resource loaded schedule and showing the balance activities to be
completed;
j. comparisons of actual and planned progress with reasons for shortfall if any and also
with details of any aspects which may jeopardize the completion in accordance with
the MPS and other provisions of the Contract including all defects and deficiencies in
the construction as on that date, and the measures being (or to be) adopted to
overcome such aspects;
k. a separate section showing the major bottlenecks and its associated risks in Works
completion and which need to be notified to the Client Representative for its
resolution;
o. details of slippages in progress of the Works as planned in the MPS and measures taken
by the Contractor to remedy/ make up the shortfall in the progress in the succeeding
month. If any of the reasons for the shortfall in progress of the Works is attributable
to the Client Representative, follow up measures undertaken by the Contractor should
also be enumerated in the progress report.
5.16.5 In case of any variance between the actual progress of the Works and that set out in the MPS, the
Contractor shall submit a revised MPS (which shall contain scheduled and actual percentage
completion, causes for delays if any etc.) which, if approved by the Client Representative, after
incorporation of all modifications instructed by it, shall form the revised MPS. The Contractor shall
then proceed with the Works in accordance with the revised MPS. The Contractor shall not be
entitled to any revision of the MPS more than once in a particular month.
5.16.6 The submission to and Approval by the Client Representative of the revised MPS shall not relieve the
Contractor of any of its duties or responsibilities under the Contract.
5.16.7 The Contractor acknowledges that, time is the key essence of the Contract and the Works is time
bound. The Contractor undertakes to strictly adhere to the MPS. Any delay in delivering the Works
and meeting the milestones would cause heavy losses to Client’s business operations and shall result
in penalties for the Contractor under the Contract.
5.16.8 To ensure all intermediary milestones are achieved in time without delay, the Client Representative
shall be entitled to withhold amounts towards Milestone Delay Damages, 50% of which shall be
released on achievement of the subsequent milestones. In the event the last milestone is not
achieved, the Client Representative shall be entitled to retain the amounts withheld towards the
Milestone Delay Damages and set off/adjust the same against the RA Bills. This shall be over and
above the Retention Money to be deducted from the RA Bills.
5.16.9 Contractor will submit schedule of material delivery and shall obtain approval of the Client
Representative before delivering to Site.
The Contractor shall give or provide all necessary superintendence during the execution of the Works
for the proper fulfilling of its obligations under the Contract by appointing a Contractor’s Manager.
The Contractor’s Manager shall be vested with enough power by the Contractor to enable him to
take decisions at Site for the due and diligent performance under the Contract. The Contractor’s
Manager is to be constantly on the Site and shall give his whole time to the superintendence of the
same. Contractor’s Manager shall receive, on behalf of the Contractor, directions and instructions
from the Client Representative. The Contractor’s Manager shall be appointed in writing. Upon a
request from the Client Representative, the Contractor shall be obligated to replace the Contractor’s
Manager.
5.18.1 The Contractor shall provide and employ skilled and experienced personnel and workers on the Site
in connection with the execution and maintenance of the Works and remedying the defects during
Defects Liability Period.
5.18.2 Only such technical assistants as are skilled and experienced in required fields connected to Works
and such sub-agents, foremen and leading hands as are competent to give proper supervision to the
Works they are required to supervise,
5.18.3 Such skilled, semi-skilled and unskilled labour as is necessary for the proper and timely execution and
maintenance of the Works.
5.18.4 Contractor shall show the deployment plan for the above personnel along with other Site staff in the
tender submission documents. The deployment plan shall include adequate personnel for safety,
security and quality as per the plans submitted and approved by the Client Representative.
5.18.5 Contractor must include within its Project team a dedicated planner throughout the life cycle of the
Project to manage all aspects of scheduling not limited to planning and reporting.
The Contractor shall be responsible for (a) the true and proper setting out of the Works in relation
to original points, lines and levels of reference given by the Client Representative in writing (b) for
the correctness of the position, levels, dimensions and alignment of all Works and (c) for the
provision of all necessary instruments, appliances and labour in connection therewith. If, at any time,
error shall appear or arise in the position, levels, dimensions or alignment of any part of the Works,
the Contractor, on being required to do by the Client Representative shall, at its own cost rectify such
error to the satisfaction of the Client Representative. The checking of any setting-out or of any line
or level by the Client Representative shall not in any way relieve the Contractor of its responsibility
for the correctness thereof and the Contractor shall carefully protect and preserve all bench marks,
sight-rails, pegs and other things used in setting-out the Works.
Initial survey report (as a pre-condition record of work area during taking over stage), intermediate
survey reports at different stages, as directed by the Client Representative (to take corrective
measures for any variations, if required) and final survey report (as proof of compliance for intended
accuracy, achieved on the work) shall be submitted with the final RA Bill by the Contractor.
The Contractor shall in connection with the Works provide and maintain at its own cost all general
lighting, guards, fencing and watching when and where necessary for the protection of the Works,
or for the safety and convenience of the public or others. The care and the safety of its equipment,
men, materials and Works within the Site shall be sole responsibility of the Contractor. However,
should the Client or any Other Contractor provide any of the above services commonly for all
contractors, the cost of such services shall be proportionately back charged to the Contractor.
Adequate fire safety and fighting measures should be in place on Site to attend to any mishap on the
Site and conform to the specifications and guidelines specified in Appendix F hereto and generally in
accordance with Good Industry Practice.
The Client or any other contractor working at site, on mutually agreeable commercial terms, may
provide to the Contractor certain site and administrative infrastructure already created and if
available, including but not limited to the following:
mobile cranes,
tower cranes,
stairs,
site office,
stores,
water,
power
communications services
Should the Client or any other contractor provide any of the above services to the Contractor, the cost
of such services shall be back charged to the Contractor. If the above services are commonly provided
for all contractors, the cost of such services shall be proportionately back charged to the contractors.
From the commencement of the Works until the date stated in the certificate of Substantial
Completion for the whole of the Works pursuant to Clause 7.9 (Certification of Substantial
Completion of the Works) hereof, the Contractor shall take full responsibility for the care thereof.
Provided that the Contractor shall take full responsibility for the care of any outstanding part of
Works, which it shall have undertaken to finish during the Defects Liability Period (as defined in
Clause 8.1) until such outstanding Works is completed. In case any damage, loss, theft or injury
happened to the Works, or to any part thereof, from any cause whatsoever, save and except Force
Majeure, while the Contractor shall be responsible for the care thereof, the Contractor shall at its
own cost, repair and make good the same, so that at completion, the Permanent Works shall be in
good order and condition and in conformity in every respect with the requirements of the Contract
and the Client Representative’s instructions. In the event of any such damage, loss or injury
happening from any Force Majeure event, the Contractor shall, if and to the extent required by the
Client Representative and subject always to the provision of Clause 8 (Defects Liability Period) hereof,
repair and make good the same as aforesaid to the satisfaction of the Client Representative. The
Contractor shall also be liable for any damage to the Works including works carried out by the Other
Contractors, occasioned by it in the course of any operations carried out by it for the purpose of
completing any outstanding part of the Works or complying with its obligations under Clause 8
(Defects Liability Period) hereof. This shall not prejudice the Contractor’s obligations in respect of
damage to works caused by it or the Sub-Contractors, or their respective agents, employees,
representatives, visitors and personnel.
The Contractor shall obtain a contractors all risks insurance policy to cover the Works and interest
therein of both of the Client and the Contractor as per the standard terms and conditions and normal
deductible prevalent in the Indian market as on the date of commencement of the policy.
Alternatively, the Client may, at its option, obtain such contractors all risks insurance policy to cover
the Project and recover the proportionate cost for obtaining such policy from the Contractor in so
far as it relates to the Works. The policy shall have a minimum sum insured covering the Contract
Price.
All other insurances including but not restricted to workmen’s compensation insurance where ESI is
not applicable, third party liability insurance and insurance of the Contractor’s equipment including
such liability covers as may be required for public road use of these shall be the responsibility of the
Contractor. In such workmen’s compensation insurances the Client’s interest shall be protected by a
specific mention by the insurers in the policy. The Contractor agrees to indemnify and hold harmless
the Client against any claims in respect of Workmen’s Compensation Act as amended up to date of
the accident, fatal accidents act, common law and any other law or enactment irrespective of the
above insurance. The sum assured under each such policy shall not be less than the value mentioned
in Schedule 1.
In the event of any claim the deductibles under the contractors all risks insurance policy shall be
borne by the Contractor.
It shall be the responsibility of the Contractor to immediately report, justify and to provide all
supporting information and documents required to support the claim as well as to render such
support as would be required from time to time for the process and finalization of the claim. The
Contractor shall be responsible for the timely reporting the claim to the insurers, authenticity of the
claim made, and the documents / information provided in support thereof and agrees to hold the
Client harmless against any action / suit / consequence thereof.
All fossils, coins, articles of value or antiques and structures and other remains or things of geological
or archaeological interest discovered at the Site shall be deemed to be the absolute property of the
Client. The Contractor shall not take any such article or thing and shall immediately upon discovery
thereof and, before removal, acquaint the Client Representative of such discovery and carry out, at
the expense of the Client, the Client Representatives’ orders as to the disposal of the same.
All operations necessary for the execution of the Works shall, so far as compliance with the
requirements of the Contract permits, be carried on so as not to interfere unnecessarily or
improperly with the public convenience, or the access to use and occupation of public or private
roads and footpaths, or to or of properties whether in the possession of the Client or of any other
person. The Contractor shall save harmless and indemnify the Client in respect of all claims,
proceedings, damages, cost, charges and expenses whatsoever arising out of, or in relation to, any
such matters in so far as the Contractor is responsible therefor.
5.26.1 The Contractor shall use every reasonable means to prevent any of the highways or bridges or roads
communicating with or on the routes to the Site from being damaged by any traffic of the Contractor
or any of its Sub-Contractors and, in particular, shall select routes, choose and use vehicles and
restrict and distribute loads so that any such extraordinary traffic as will inevitably arise from the
moving of plant and material from and to the Site shall be limited, as far as reasonable, and so that
no unnecessary damage may be occasioned to such highways and bridges. Violations in any case
need to be as per Client Representative’s instructions. Stationing and deploying of Signal Men, Banks-
Men, at vantage locations, to guide the vehicular traffic, pedestrians shall be sole responsibility of
the Contractor.
5.27. Opportunities for other contractors and all necessary co-ordination required
The Contractor shall, afford all reasonable opportunities for carrying out their works to any other
contractors engaged by the Client Representative and their workmen and to the workmen of the
Client Representative and of any other duly constituted authorities who may be employed in the
execution on or near the Site of any work not included in the Contract or of any contract which the
Client Representative may enter into in connection with or ancillary to the Works. If, however, the
Contractor shall, on the written request of the Client Representative, make available to any such
other contractor, or to the Client Representative or any such authority or permit the use by any such
of the contractor scaffolding or other plant on the Site, or provide any other service of whatsoever
nature, the Client Representative / other contractors/ constituted authorities shall pay to the
Contractor in respect of such use or service such sum or sums in case the Contractor incurs some
incremental cost to provide the services which shall, in the opinion of the Client Representative be
reasonable and as detailed in the responsibility matrix at Appendix G hereto.
5.28.1 During the progress of the Works the Contractor shall keep the Site free from unnecessary
obstructions and remove promptly from the Site, all non-essential and surplus construction
machinery and materials, waste materials (including, without limitation, hazardous materials and
waste water), rubbish and other debris and keep the Site in a neat and clean condition and in
conformity with the Applicable Laws or as may be instructed by the Client Representative.
5.28.2 The Contractor shall store or dispose of any Constructional Plant and surplus material and clear away
and remove from the Site any wreckage, rubbish or Temporary Works no longer required, on a daily
basis. Contractor shall ensure that no debris or material being disposed of carries logos or name of
the Client. All identification related to the Client should be removed/ cleared before moving out of
the Site.
5.28.3 Upon the termination of this Contract, the Contractor shall leave the Site and the Works in a clean
and safe condition to the satisfaction of the Client’s Representative. Except that the Contractor shall
be entitled to retain on the Site, such Contractor's equipment, materials, plant and Temporary Works
as required by it for the purpose of fulfilling its obligations under and in accordance with the Contract.
On issuance of the Final Completion Certificate, the Contractor shall clear away and remove from the
Site all its Constructional Plant, equipment, surplus materials, rubbish and Temporary Works, Site
office and stores etc. of every kind, and leave the Site and Works clean and in a workmanlike
condition to the satisfaction of the Client Representative. If all these items have not been removed
within 28 days after the Contractor receives a copy of the Final Completion Certificate, the Client
may sell or otherwise dispose of any remaining items. The Client shall be entitled to be paid the costs
incurred in connection with, or attributable to, such sale or disposal and restoring the Site. Any
balance of the moneys from the sale shall be paid to the Contractor. If these moneys are less than
the Client’s costs, the Contractor shall pay the outstanding balance to the Client.
i. The Contractor shall make its own arrangements for the engagement of all labour local or
otherwise, and, save in so far as the Contract otherwise provides, for the transport, housing,
feeding and payment thereof. The Client shall not be responsible for such labour in any
manner whatsoever and they shall not be construed as the labour or employees of the
Client. The Contractor shall indemnify the Client from any and all claims made by such
labour against the Client.
ii. The Contractor shall be wholly and solely responsible for full compliance with the provisions
under all labor laws and / or regulations, including without limitation, the Payment of
Wages Act, 1946, Minimum Wages Act, 1948, Payment of Gratuity Act, 1972, Employees
Liability Act, 1938, Workmen’s Compensation Act, 1923, Industrial Disputes Act, 1947, the
Maternity Benefit Act, 1961, Contract Labour (Regulation and Abolition) Act, 1970, the
Employees Provident Fund and Miscellaneous Provisions Act, 1952, the Factories Act, 1948,
Equal Remuneration Act, 1979, Payment of Bonus Act, 1965, Interstate Migrant Workmen’s
(Regulation of Employment & Conditions of Service) Act, 1979, Building & Other
Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996,
Cess Act of 1996, Trade union Act 1926 or any other Applicable Law relating thereto the
rules there under from time to time.
iii. The Contractor shall comply with all rules, regulations, and laws including but not limited
to labour laws, laws relating to medical and safety of workmen for labour directly or
indirectly engaged by the Contractor, its representative, and Sub-Contractor. The
Contractor shall register itself wherever required in this connection at local and state level.
The Contractor shall indemnify the Client from every expense incurred by the Client under
this clause. The Client Representative is authorized to call at any point of time to its
registered office/offices for inspection or copy of such documents as it considers necessary
for ensuring statutory compliances of the above by the Contractor.
i. The Contractor shall strictly control its labour so that the Site is not polluted, made dirty or
littered with debris, wastes or the likes. It will be the responsibility of the Contractor to
ensure that all the floors are maintained free from debris, wastes and feces and ensure
watch on all its workers including the workers appointed/engaged by the Sub-Contractors.
Any person found creating mess or litter or pollution or illegally squatting on the Site shall
be removed from the Site immediately at Contractor's cost.
ii. The Contractor shall clear and deodorize the ground after their removal and meet all
statutory requirements.
iii. A penalty as mentioned in Appendix F will be imposed for all incidences of non-
conformation to the above which could be substantiated through photographs and lack of
action from the Contractor within 24 hours.
Use of any alcoholic liquor, drugs, chewing of pan, gutka or smoking etc., is fully prohibited on the
Site. The Contractor shall not, otherwise than in accordance with the statutes, ordinances and
government regulations or orders for the time being in force, import, sell, give, barter or dispose any
alcoholic liquor or drugs or cigarettes / beedies /etc. by its Sub-Contractors, agents or employees.
The Contractor shall not give, barter or otherwise dispose of to any person or persons, any arms or
ammunition of any kind or permit or suffer the same as aforesaid.
The Contractor shall, in all dealings with labour in its employment, have due regard to all recognized
festivals, days of rest and religious or other customs. Contractor shall intimate the Client
Representative in writing 30 days in advance of any festival, if any resource/ labor shortfall is
expected and proper mitigation plan shall be made in advance.
GENERAL CONDITIONS OF CONTRACT Page 46 of 118
5.30.6. Epidemics
In the event of any outbreak of illness of an epidemic and pandemic nature affecting persons on the
Site, the Contractor shall carry out all acts deeds and things necessary in compliance with the
Applicable Laws regulations, orders and provide all assistance and cooperation to the government,
or the local medical or sanitary authorities for the purpose of dealing with and overcoming any such
outbreak of illness of an epidemic nature.
The Contractor shall at all times take all reasonable precautions to prevent any unlawful, riotous or
disorderly conduct by any of its sub-contractors, employees or agents and for the preservation of
peace and protection of persons and property in the neighborhood of the Works against the same.
The Contractor shall be responsible for observance by its Sub-Contractors and their labour of the
foregoing provisions.
The Contractor shall not employ any labor less than 18 years of age and as per the labor rules
applicable on the job. If female labor is engaged, the Contractor shall make necessary provisions at
its own expense for the safeguarding and care of person below 18 years of age and keeping them
clear of the Site operations. No person below 18 years of age shall be permitted on the Site.
Contractor shall make arrangement for medical facilities for its workers and personnel at the Site
If the Civil Contractor has made any arrangements for such medical facilities, the Civil Contractor
shall be entitled to proportionately recover such costs from the Contractor.
The Contractor shall furnish a return in detail in such form and at such intervals as the Client
Representative may prescribe showing the supervisory staff and the numbers of the several classes
of labor from time to time employed by the Contractor on the Site and such information regarding
Constructional Plant that the Client Representative may require. The previous day report on labor
employed shall reach before 10.00 am next day to the Client / Client Representative.
The Contractor shall follow the rules and guidelines laid down as per the relevant IS codes for safety
and also as per the safety guidelines mentioned in this document. The cost so incurred by the
Contractor in providing for safety standards and requirements as above shall be deemed to be
included in the rates quoted for various items of Works under the scope of the Contract and no extra
amounts shall be payable to the Contractor on this account.
A penalty as mentioned in Appendix F hereunder will be imposed for all incidences of non-
conformation to safety measures and procedures which could be substantiated through photographs
and lack of action from the Contractor within 8 hours.
The Safety Plan as being submitted shall be inclusive of the Phoenix HSE Guidelines and Turner
Building L.I.F.E, philosophy, which shall be taken forward as part of Contractor’s standard operating
procedures and risk analysis.
i. The Contractor shall prepare weekly reports of planned and actual progress of Works and
subsequent week's scheduled Works along with labour histogram. These will also include
material procurement status. These reports shall be submitted to Client Representative and
shall be reviewed in weekly co-ordination meeting.
iv. Further progress charts and schedules shall be prepared by the Contractor as directed by
the Client Representative.
5.33. Taxation
The Contractor shall be responsible to pay personal and company taxes of its staff and its
organization, wherever applicable. The Contractor shall be responsible for deduction of tax at source
while releasing payment to its staff, sub-contractors, workers, etc.
The Client shall withhold sums equivalent to taxes at applicable rates on the amount payable to the
Contractor by way of consideration under the Contract in accordance with the provisions of the
Income Tax Act, 1961, as amended or modified and applicable. The Client shall not make such
withholdings or make reduced withholdings in the event that the Contractor produces a certificate
from the appropriate authority constituted under the Indian Income Tax laws to the effect that no
withholding taxes or lower withholding taxes as the case may be, would be required on the payments
received by the Contractor from the Client.
The Contractor acknowledges that the Client may appoint Other Contractors to carry out the Related
Works for achieving the completion of the Project. The Contractor shall co-operate with the Client
Representative and the Other Contractors for the harmonious co-ordination of the Works with the
Related Works and for the proper interface between the Contractor’s representative and the Other
Contractors’ representatives under the supervision of the Client Representative. Without limiting the
foregoing obligation, the Contractor agrees to provide the Other Contractors with adequate,
complete and accurate information and data needed by the Other Contractors to fulfill their
obligations in relation to the Related Works.
6.1.1. All materials and workmanship shall be of the respective kinds described in the Contract and in
accordance with the Client Representative’s instructions and shall be subjected from time to time to
such tests as the Client Representative may direct at the place of manufacture or fabrication or on
the Site or at such other place or places as may be specified in the Contract, or at all or any of such
places. The Contractor shall provide such assistance, instruments, machines, labor and materials as
are normally required for examining, measuring and testing any work and the quality, weight or
quantity of any material used and shall supply samples of materials before incorporation in the Works
for testing as may be selected and required by the Client Representative.
6.1.2. All Constructional Plant including machinery, equipment, material, apparatus, instrumentation and
goods of every other type to be procured by the Contractor for execution of the Works shall be of
the highest quality and in accordance with Good Industry Practice. All major machinery procured by
the Contractor for carrying out the Works shall also adhere to minimum required capacity as per
Good Industry Practice.
6.1.3. The Contractor shall ensure that all the equipment is in good working condition and shall have
adequate working efficiency. The Contractor shall, to the extent possible, mobilize latest technology
equipment of higher range capacity. If requested by the Client Representative, the Contractor shall
replace any equipment, if the same does not meet the requirements as specified in the Contract. All
the equipment shall be tested / certified as per the requirements of Applicable Laws.
6.2.1 The Contractor along with the bid shall submit for approval a Project specific Quality Management
Plan to the Client Representative indicating measures that it proposes to implement to ensure that
the quality of Works shall be in accordance with requirements laid down in the Contract. The Project
specific Quality Management Plan shall comply with Good Industry Practice in conformance with ISO
– 9001 requirements and shall consist of the following:
The elaborated Project quality system requirements shall include as a minimum, the following:
Plan for accomplishing quality control inspections including that for its subcontractor’s
work.
Detailed list of material test plans, inspection and test plans, testing & commissioning plan
if applicable to be generated to cover all inspection and testing activities (including
specimens of inspection and test formats).
Detailed work method statements with check lists for all works as intended to be executed
in line with BOQ & technical specifications.
A narrative discussion of how the Contractor’s QA/QC staff will accomplish their assigned
tasks.
An explanation as to how the Contractor’s QA/QC plan relates to other staff elements with
regards to the shop drawing submittals, as-built drawings, revisions to the Contract.
Construction operations will not commence until the Quality Management Plan has been reviewed
by the Client Representative. However, at the instruction of the Client Representative, the Contractor
may be allowed to proceed on a specific phase of construction for which the plan has been submitted
and reviewed with no objection.
Prepare detailed inspection and test plans for review by the Client Representative.
Conduct phased inspections (preparatory, initial and follow-up) and approve inspection and
test plans.
Inspect materials as they are delivered to ensure compliance with approved shop drawings
and Contract Specifications.
Maintain record of all QC activities. These records shall be available for the Client
Representative’s use or reference.
The Contractor shall appoint a QA/QC Manager who shall have an experience of at least
fifteen (15) years in the field with adequate experience.
The Contractor’s QA/QC Manager’s appointment shall be subject to the prior approval of
the Client Representative.
The QA/QC Manager shall report directly to the Contractor’s top management in head
office and in no case come under the hierarchy of the Project Manager’s team.
The team of QA/QC personnel under the QA/QC Manager shall not report to the Project
Manager, but to the QA/QC manager instead.
The Client Representative has the authority to ask the Contractor to remove any staff in the
Contractor’s QA/QC team if in the opinion of the Client Representative the performance of
the said staff is not satisfactory. The replacement of such staff shall take place within ten
(10) days of the Client Representative’s notice.
GENERAL CONDITIONS OF CONTRACT Page 52 of 118
No staff shall be changed without the Client Representative’s written consent. The
Contractor’s and subcontractor’s senior site staff shall be fluent in technical English.
The Contractor shall have the full responsibility to ensure implementation of its
subcontractors’ quality.
Management system.
The QA/QC personnel employed by the subcontractors of the Contractor shall not
communicate directly with the Client Representative.
The QA/QC teams of the subcontractors shall perform their functions directly under the
authority of the Contractor’s QA/QC Manager.
No QA/QC personnel, either of the Contractor or its subcontractors shall take any direction
from the Contractor’s Site team that works under the authority of the Project Manager.
Inspection Process
All raw materials received at Site shall be checked at the entry point where a material check
station is established. The raw materials received shall be verified with reference to the
approved material test plan, MTC and certified by the QA/QC Manager (as Approved by the
Client Representative). No material or vehicle shall be allowed to enter the Site or unload
material there at without clearance by the QA/QC Manager.
The Client Representative is authorized to add such additional quality assurance measures
as it considers appropriate for ensuring quality compliance of the Works. The Contractor
shall strictly adhere to this plan and any failure attributable to the Contract shall attract the
penal provisions laid down. Penal charges payable by the Contractor for non-adherence to
quality standards are set out in Appendix E.
6.3.1 All samples/mock-ups shall be supplied by the Contractor at its own cost if the supply thereof is
clearly intended by or provided for in the Contract.
6.3.2 The Contractor shall provide samples for the Approval of Client Representative and shall provide
alternative samples until an Approval has been obtained. Samples Approved shall be signed off by
the Contractor and the Client Representative and shall be kept at Site under custody of the
Contractor until completion of the Works.
6.3.4 The Contractor shall provide normal testing facilities at the Site at its cost as directed by the Client
Representative.
The Client / Client Representative or any person authorized by them shall at all times have access to
the Works and to all workshops and places where Works is being carried out or from where materials,
manufactured articles or machinery are being obtained for the Works and the Contractor shall afford
every facility for and every assistance in or in obtaining the right to such access. The Contractor shall
ensure that the required checks are done in such external workshops, duly signed and
documentation is available for review during inspection.
No Works shall be covered up or put out of view without the Approval of the Client Representative
or its representative and the Contractor shall afford full opportunity to the Client Representative or
its representative to examine and measure any Works which is about to be covered up or put out of
view and to examine foundations before Permanent Works is placed thereon. The Contractor shall
give due notice to the Client Representative whenever any such Work or foundations is or are ready
or about to be ready for examination and the Client Representative or its representative shall,
without unreasonable delay, unless it considers it unnecessary, attend for the purpose of the
examining such foundations. The examination report for all such Works completed and before
covering up has to be signed off by the Contractor and Client Representative. This report has to be
attached along with the invoice for the payment process.
6.6.1 A list of Approved brands and makes for major materials to be incorporated in the Works is attached
along with the tender/ as recommended by the consultant. The Contractor shall submit samples of
processed raw materials and manufactured materials procured in conformity to the list for the
Approval of the Client Representative. Procurement of the materials for incorporation in the Works
shall be after the approval of the Client Representative in writing. The Contractor shall mention in its
offer the “make” considered for various items of work. The Contractor shall quote for the first option
in the list of makes. In case the Client Representative chooses to use the second option in the list of
makes, the rates shall be subject to negotiation.
6.6.2 The Approved sample shall be submitted to the custody of the Client Representative for safekeeping
and for comparison, if necessary, to ensure that the procured material conforms to quality of the
Approved sample. Equivalent or alternative makes if suggested shall be permissible provided it is pre-
approved in writing by the Client Representative.
6.7.1 For the purposes of the Contract, basic price of material, if any, means Cost of the material per unit
exclusive of all taxes and duties at the Site, as fixed by the Client. Cost of transportation, loading,
breakage, permissible wastage and covered storage at the Site/ designated space near the Site etc.
are deemed to be part of basic rate for that relevant item. Pumping charges up to required floor shall
be deemed to be included in the RMC basic price. The distribution to the point of placement of
relevant material shall be the responsibility of the Contractor.
6.7.2 The basic price materials will be fixed by the Client with instruction to the Contractor to procure from
the approved vendor with the approved rates. However, the Contractor shall do the necessary
coordination works including loading, as required with the vendor with whom the Client finalizes the
order.
6.7.3 For the basic price of materials considered for the tender (excluding all taxes, transportation, loading,
breakage), please refer to Annexure E hereto.
6.7.4 Unloading of rebar and cement at site shall be in the scope of the Contractor.
6.8.1 The Contractor to submit quotations from 3 suppliers/ vendors to the Client Representative for
Approval of the basic prices. Only after appropriate Approvals, the procurement of all materials
having basic rates, shall be done by the Contractor on payment terms of 30 to 45 days credit or such
period as may be mutually agreed between the Client Representative and the Contractor. Cost
adjustment towards difference between prices in the actual procurement invoices and the basic
prices mentioned in the BOQ shall be paid along with the monthly RA Bill.
6.8.2 Any increase beyond the agreed basic prices shall be reimbursed and any decrease shall be recovered
to the Contractor at actual. All such reconciliations of increase or decrease in the material rates
having basic prices shall be mutually derived and raised by the Contractor for variation along with
each RA Bill.
6.8.3 The Contractor shall be responsible for obtaining prior approvals/ price confirmation in order to avoid
disruption in progress of Works due to shortage of materials. The Contractor shall agree to procure
the materials from the suppliers/ vendors as recommended by the Client Representative to obtain
benefits on quality, time and the cost. Any variation to the payment terms between
suppliers/vendors and the Contractor shall be mutually agreed between the Contractor and the
Client Representative.
6.8.4 Any claims/ payments or time extension for any delay in the procurement of the materials by the
Contractor shall not be entertained, other than for the reason solely attributable to the Client.
No claim on account of any escalation on whatsoever ground shall be entertained at any stage of
Works. All rates as per Bill of Quantities quoted by the Contractor shall be firm and fixed for entire
period of the Contract as well as any extended period.
The Contractor shall uncover any part or parts of the Works or make openings in or through the same
as the Client Representative may from time to time direct and shall reinstate and make good such
part or parts to the satisfaction of the Client Representative. If any such part or parts have been
covered up or put out of view after compliance with the requirements of Clause 6.4 and are found
to be executed in accordance with the Contract, the expenses of uncovering, making openings in or
through, reinstating and making good the same shall be borne by the Client but in any other case all
costs shall be borne by the Contractor.
6.11.1. The Client Representative shall during the progress of the Works have power to order in writing from
time to time:
a) The removal from the Site, within such time or times as may be specified in the order, of
any materials, which, in the opinion of the Client Representative, are not in accordance with
the Contract;
c) The removal and proper re-execution, notwithstanding any previous test thereof or interim
payment therefore, of any Works which in respect of materials or workmanship is not, in
the opinion of the Client Representative, in accordance with the Contract.
In case of default on the part of the Contractor in carrying out such order, the Client Representative
shall be entitled to engage and pay other persons to carry out the same and all expenses consequent
thereon or incidental thereto shall be recoverable from the Contractor by the Client or may be
deducted by the Client from any monies due to or which may become due to the Contractor.
6.12.1 The Contractor shall, on the written order of the Client Representative suspend the progress of the
Works or any part thereof for such time or times and in such manner as the Client Representative
may consider necessary and during such suspension, shall properly protect and secure the Works, so
far as is necessary in the opinion of the Client Representative.
6.12.2 The extra cost incurred by the Contractor in giving effect to the instructions of the Client
Representative under this Clause shall be borne by the Contractor if such suspension is:
c) Necessary for the proper execution of the Works or for the safety of the Works or any part
thereof in so far as such necessity does not arise from any act or default by the Client
Representative.
6.12.4 The Client Representative shall settle and determine whether the Costs need to be reimbursed
and/or an extension of time may be granted under Clause 7.5 in respect of such claim as shall, in the
opinion of the Client Representative, be fair and reasonable.
6.13.1 The Contractor shall perform the relevant tests as required under the scope of the Contract as
detailed in the approved material test plan, inspection test plan, tech Specifications or relevant
standards. The cost of all such tests so performed shall be borne by the Contractor and no extra
amounts shall be borne by the Client on this account. The details of the quality tests to be carried
out shall be obtained from the Client Representative.
6.13.2 If the Client Representative feels such tests need to be carried out at an external testing laboratory
for the re-confirmation of the quality standards, the Contractor shall arrange for the same at its cost.
7.1.1. The Contractor shall commence the Works at the Site within the date as specified in the Letter of
Award (which is as mentioned in Schedule 1) and shall proceed with the same with due expedition
and without delay, except as may be expressly sanctioned or ordered by the Client Representative
or in case of a Force Majeure event.
7.2.1. The ownership of the Site shall under all circumstances and at all times be with the Client. The
Contract shall, not under any circumstances be deemed to be giving the Contractor a lease, license
or other possessory rights over the Site. The Contractor and its personnel shall be permitted suitable
access to the Site for the purposes of carrying out the Works. This shall not, in any manner, prejudice
or affect the Contractor’s liabilities and obligations in respect of the Works, safety & security and in
particular the liability arising due to any damage to any person, works, equipment or material at the
Site.
GENERAL CONDITIONS OF CONTRACT Page 58 of 118
7.3. Way leaves, etc.
7.3.1. The Contractor shall bear all costs and charges for special or temporary way leaves required by it in
connection with access to the Site.
7.4.1. The Contractor shall carryout the works as per MPS as approved by the Client Representative. In the
event of Contractor failing to comply with the overall time schedule as per the MPS, it shall be liable
to pay Liquidated Damages as per the terms of the Contract.
7.4.2. Subject to (i) any requirement in the Contract as to completion of any section of the Works before
completion of the whole, (ii) meeting the Works milestones as agreed in the MPS and (iii) without
prejudice to any other provision in the Contract, the whole of the Works shall be completed, in
accordance with the provisions of Clause 7.9 (Certification of Substantial Completion of Works) and
Clause 12.5 (Final Completion Certificate) hereof, within the time stated in the Contract or such
extended time as may be allowed under Clause 7.5 hereof.
7.5.1. Should any kind or any cause of delay referred to in the GCC or pursuant to a Force Majeure event,
entitle the Contractor to an extension of time for the completion of the Works, the Client
Representative shall determine the duration of such extension and shall notify the Contractor
accordingly. The Parties agree that there shall be no cost impact on the Client on account of any
extension of time granted under this Clause and the Contractor shall not make any financial claim on
the Client with respect to the same. The Contractor acknowledges that extension of time granted, if
any, shall be adequate time compensation for the delay or impediment sustained by it.
7.5.2. If the Contractor considers itself to be entitled to any extension of time as stated above, the
Contractor shall give notice to the Client Representative with a copy to the Client, describing the
event or circumstance giving rise to the extension of time (“EOT”).
7.5.4. The Contractor shall, together with the notice for EOT, also submit supporting particulars as are
relevant to such event or circumstance, to the satisfaction of the Client Representative.
7.5.5. The Contractor shall keep such contemporary records as may be necessary to substantiate any claim
for EOT, either at the Site or at another location acceptable to the Client Representative. Without
admitting liability, the Client Representative may after receiving any notice as aforesaid, monitor the
record keeping and/or instruct the Contractor to keep further contemporary records. The Contractor
shall permit the Client Representative to inspect all these records and shall (if instructed) submit
copies to the Client Representative.
7.5.6. Where an event or circumstance giving rise to EOT has a continuing effect, the Contractor shall send
interim notices no later than 15 (fifteen) days after the close of each calendar month, specifying the
periods affected due to such event or circumstances, and within a reasonable time after the event
or circumstance giving rise to the EOT ceases, or within such other period as may be proposed by the
Contractor and approved by the Client Representative, the Contractor shall send to the Client
Representative a notice in respect of such event or circumstance summarizing the periods affected
due to such event or circumstance.
7.5.7. Within 30 (thirty) days of the expiry of the event or circumstance giving rise to the EOT or such
extended period as may be acceptable to the Client Representative, Contractor shall provide fully
detailed claim which includes full supporting particulars of the basis of the claim and of the EOT
claimed.
7.5.8. The decision of the Client Representative shall be final for the purpose of this Clause 7.5.
7.5.9. The requirements of this Clause 7.5 are in addition to any other provisions or requirements which
apply to an EOT.
7.6.1. Adequate permission as may be required under law, inconvenience to neighbours and quantum of
noise from the intended work etc. shall be considered before taking up any work during night or on
Sunday. While it is advisable and recommended to not to work at nights and Sundays by planning
suitably such that schedule is not affected, the responsibility shall be solely on the Contractor should
there be any complaints registered by any third party. Under no circumstances the Contractor should
resort to making the workers work without mandatory resting time & days. During such work hours,
deploying of necessary HSE personnel to monitor on the safe operations of work shall be the
responsibility of the Contractor.
7.7.1. If for any reason, which does not entitle the Contractor to an extension of time, the rate of progress
of the Works or any section is at any time, in the opinion of the Client Representative, too slow to
ensure completion by the prescribed time or achieving the next milestone, the Client Representative
shall so notify the Contractor in writing and the Contractor shall thereupon take such steps as are
necessary and the Client Representative may approve to expedite progress so as to complete the
Works or such section or achieving the next milestone by the prescribed time. The Contractor shall
not be entitled to any additional payment for taking such steps. If, as a result of any notice given by
the Client Representative under this Clause, the Contractor shall seek the permission of the Client
Representative to do any work at night or on Sundays, unless it is locally recognized as days of rest
or their locally recognized equivalent.
7.7.2. Without prejudice to the other rights of the Client under the Contract, in case, (i) the revised MPS is
not approved by the Client Representative; or (ii) despite approval of the revised MPS, the Contractor
fails to improve the progress of work to the Client Representative’s satisfaction, the Client
Representative may take back a part of the Works and award the same to any other contractor at
the risk and cost of the Contractor.
7.8.1. Subject to Clause 7.5 above, if the Contractor fails to achieve Substantial Completion of the Works
within the time prescribed by Clause 7.4 hereof, then the Contractor shall pay to the Client the sum
stated in the Contract as Liquidated Damages for such default. The Client may, without prejudice to
any other method of recovery, deduct the amount of such Liquidated Damages from any monies in
its hands, due or which may become due to the Contractor. The payment or deduction of such
Liquidated Damages shall not relieve the Contractor from its obligation to complete the Works or
from any other of its obligations and liabilities under the Contract or any rights (including termination
rights) available with the Client under the Contract. It is clarified that any money recovered as
Milestone Delay Damages for not meeting the milestones under Clause 5.16 shall be distinct,
separate and in addition to the Liquidated Damages as contemplated under this Clause 7.8.1.
7.8.2. The Contractor recognizes and acknowledges that the Client would suffer substantial losses and
damage if there is a delay in the execution of the Works in as much as the Client will not be able to
carry out its business there at until the Works are completed.
7.8.3. The Contractor shall pay, on a weekly basis, to the Client Liquidated Damages as mentioned in
Schedule 1 beyond agreed completion period of the Works subject to a maximum percentage as
mentioned in Schedule 1 hereto.
7.8.4. The Client reserves the right to recover the Liquidated Damages under the aforesaid Clauses from
the payments that may be due and payable to the Contractor under the Contract or from the Bank
Guarantee for Contract Performance or demand payment thereof from the Contractor. In case
demanded by the Client, the Contractor shall forthwith and in any event within 7 (seven) days, upon
receiving such demand from the Client, make payment of such Liquidated Damages.
If, before the completion of the whole of the Works any part or sections of the Works has been
certified by the Client Representative as completed, pursuant to Clause 7.9 hereof, and occupied or
used by the Client, the Liquidated Damages for the delay as aforesaid shall, for any period of delay
after such certificate and in the absence of alternative provisions in the Contract be reduced in the
proportion which the value of the part or section so certified bears to the value of the whole of the
Works.
7.9.1. When the whole of the Works have been completed and have satisfactorily passed any final test that
may be prescribed by the Contract, the Contractor may give a notice to that effect to the Client
Representative. Such notice shall be in writing and shall be deemed to be a request by the Contractor
for the Client Representative to issue a certificate of Substantial Completion in respect of the Works.
The Client Representative shall, within 21 days of the date of delivery of such notice either issue to
the Contractor, a certificate of Substantial Completion or give instructions in writing to the Contractor
specifying all the Works which, in the opinion of the Client Representative, requires to be done by
the Contractor before the issue of such certificate. The Client Representative shall also notify the
Contractor of any defects in the Works affecting satisfactory completion that may appear after such
instructions and before completion of the Works specified therein. The Contractor shall be entitled
to receive such certificate of Substantial Completion within 15 days of completion to the satisfaction
of the Client Representative of the Works so specified and making good any defects so notified.
7.9.2. The certificate of Substantial Completion given in respect of any section or part of the Permanent
Works before completion of whole of the Works will not be deemed to certify completion of any
ground or surfaces requiring reinstatement, unless such certificate shall expressly so state.
7.9.3. The Works shall deem to have been provisionally accepted and substantially completed after
fulfillment of all of the following by the Contractor:
b) Handing over of the Works to the Client Representative without any damage to the
construction carried out at the Site.
7.9.4. In the event that a certificate of Substantial Completion is issued by the Client Representative in
terms hereof, the Contractor undertakes to complete all the balance works as specified in the Punch
List appended to such certificate of Substantial Completion, within 15 days from the date of its
issuance unless otherwise mutually agreed by the Parties. Without prejudice to any other rights or
remedies the Client may possess under the Contract, if the Contractor fails to complete the Punch
List items within the aforesaid time period, the Client may employ and pay others to carry out the
Punch List items and recover costs and expense thereby suffered or incurred by the Client from the
Contractor including by way of deduction from any monies due or to become due to the Contractor
under the Contract.
In these GCC, the expression "Defects Liability Period" shall mean the defects liability period
equivalent to one calendar year, calculated from the date of issue of the certificate of Substantial
Completion by the Client Representative in accordance with Clause 7.9 hereof.
8.2.1. During the Defects Liability Period, the Contractor shall be responsible for any defect in the Works or
any part thereof, except usual wear and tear, and shall rectify such defects to the satisfaction of the
Client Representative, as soon as practicable and shall execute all such work of repair, amendment,
reconstruction, rectification and making good defects, imperfections, shrinkages or other faults as
may be required of the Contractor in writing by the Client Representative during the Defects Liability
Period or within 14 days after its expiration, as a result of an inspection made by or on behalf of the
Client Representative prior to its expiration.
8.2.2. If any part of the Works cannot be operational by reason of any defect or damage or due to the
making good of such defect or damage in the Works, the Defects Liability Period for such part of the
Works shall be extended by a period equal to the period during which the Works (or any part thereof)
cannot be used due to any of the aforesaid reasons.
8.2.3. Any costs, expenses, liabilities, losses or claims suffered or incurred by the Client due to the Works
or any part thereof being non-operational by reason of any defect, damage or the making good of
such defect or damage in the Works shall be borne by the Contractor. For recovering any payments
under this Clause, the Client reserves the right to invoke the Bank Guarantee for Contract
Performance, and/or deduct the same from any payments which may be due and payable by the
Client to the Contractor under the Contract.
8.2.4. The Contractor shall during the Defects Liability Period execute work required to remedy defects or
damage to the Works at its own cost and expenses.
a) carry out the work itself or through others, at the Contractor’s cost, and such amount may
be appropriated by the Client from any payments which may be due and payable by the
Client to the Contractor under the Contract and thereafter from the available Retention
Money and the Bank Guarantee for Contract Performance;
b) if the defect or damage deprives the Client of the benefit of the whole or substantially the
whole of the Works or any major part of the Works, terminate the Contract, without
prejudice to the provisions of sub-clause (a) above, in respect of such part of the Works
which cannot be put to the intended use for a continuous period of 90 days. Without
prejudice to any other rights, under the Contract or otherwise, the Client shall be entitled
to recover from the Contractor costs (including the cost of dismantling such part of the
Works, cost of clearing the Site and returning Materials to the Contractor), with respect to
the same.
Level 1 Defects: On receipt of the defect intimation from the Client Representative, the Contractor
has to respond to the defect rectification with in such time of intimation, as specified in Schedule 1,
and has to complete the rectification within such time as specified in Schedule 1.
Level 2 Defects: On receipt of the defect intimation from the Client Representative, the Contractor
has to respond to the defect rectification with in such time of intimation, as specified in Schedule 1,
and has to complete the rectification within such days as specified in Schedule 1.
Level 3 Defects: On receipt of the defect intimation from the Client Representative, the Contractor
has to respond to the defect rectification within such time of intimation, as specified in Schedule 1,
and has to complete the rectification within such days as specified in Schedule 1.
In no case rectification of defects should cross the number of calendar days, as specified in Schedule
1.
The Contractor shall attend the defect intimation and execute rectification. Level of defects shall be
mutually agreed between parties
4 Works not executed as Plaster out of plumb / right angle / Undulation in finished
per approved Method cracked concrete laid for slabs /
statements / Checks screed and not in required
level
Notes:
1 Post check defects if any shall be identified within 3 days of work completion & rectified within 7
days
2 Minor observations noted during the course of the works by Client Representative / PMO team are
recorded as Site observations - Deadlines for closure - 15 days
3 Observations noted by PMO team during site visits are recorded as JSI (Job Site Instructions) and
need to be closed within 7 days
6 Non conformances if cannot be closed within 7 days due to other reasons need to be mutually
agreed by Client Representative/ PMO team & signed off with deadlines for closure
7 Non conformances not closed during closure - Actual costs claimed by other agencies shall be
deducted in Final bill
All such Works shall be carried out by the Contractor at its own expense if the necessity thereof shall,
in the opinion of the Client Representative, be due to the use of materials or workmanship not in
accordance with the Contract, or due to neglect or failure on the part of the Contractor to comply
with any obligation, expressed or implied, on the Contractor's part under the Contract. If, in the
opinion of the Client Representative, such necessity shall be due to any other cause, the value of such
Work shall be ascertained and paid for as if it were additional Work.
The Contractor shall, if required by the Client Representative in writing, search under the directions
of the Client Representative for the cause of any defect, imperfection or fault appearing during the
progress of the Works or in the Defects Liability Period. If such defect, imperfection or fault shall be
one for which the Contractor is liable as aforesaid, the cost of the Works carried out in searching as
aforesaid shall be borne by the Contractor and it shall in such case repair, rectify and make good such
defect, imperfection or fault at its own expense in accordance with the provisions of Clause 8 hereof.
8.5.1. Whenever any claim, by the Client, against the Contractor for the payment of a sum of money, arises
out of or under the Contract, the Client shall be entitled to withhold, and also have a lien to retain
such sum or sums, in whole or in part, from the money payable or which become payable, to the
Contractor. Such sums may, alternatively, be withheld from the Retention Money.
8.5.2. It is an agreed term of the Contract that the sum of money withheld or retained under a lien referred
to above by the Client shall be kept withheld or retained as such by the Client till the claim arising
out of, or under the Contract is determined by Arbitration or by a competent Court, as the case may
be and that the Contractor shall have no claim for interest or damages whatsoever on any account
in respect of such withholding or retention under the lien referred to above.
9. Variations
The Client Representative may make any variation in the form, quality or quantity of the Works or
any part thereof that may, in its opinion, be necessary and for that purpose or if for any other reason
it may, in its opinion be desirable, it shall have the power to order the Contractor to do so. For the
purposes of this Clause 9, the following shall constitute a “Variation”:
a) Increase or decrease in the quantity of any Works included in the Contract by more than
25%,
d) Change in the levels, lines, positions and/or dimensions of any part of the Works.
No such Variation shall in any way vitiate or invalidate the Contract, but the value, if any, of all such
Variations shall be taken into account in determination of the Contract Price.
No Variations referred to in Clause 9 above, shall be made by the Contractor without an order/ Site
Instructions in writing from the Client Representative with a copy to Client.
All extra or additional Works done, or Works omitted by order of the Client Representative shall be
valued at the rates and prices set out in the Contract. If the Contract does not contain any rates or
prices applicable to the extra or additional or omitted Works, then suitable rates or prices shall be
agreed upon between the Client Representative and the Contractor. In the event of disagreement,
the Client Representative shall fix such rates or prices as shall, in its opinion, be reasonable and
proper.
The decision of the Client Representative shall be final and binding on the Contractor.
Wherever possible the actual cost shall be derived from similar items of work available in the
Contract. In case it is not possible to assess the rates as indicated above, the actual cost shall be
determined as follows:
i. Basic price of material exclusive of all taxes and both direct and indirect at Site with
supporting quotation. Contractor has to submit 3 quotations from the suppliers / vendors
along with the rate analysis and same shall be subject to negotiation.
ii. Transportation to Site subject to a ceiling of 2% of the total material cost unless borne by
supplier/transporter.
iii. Cost of tools and plant with proper break up of cost or maximum of 1.5% of the amount
mentioned in sub-clause (i) above, at the discretion of the Client Representative.
A margin of 15% towards overhead & profits shall be added to the actual cost worked out as above.
If applicable, GST shall be added to arrive at the final rate of the item.
For all extra items of Works, it shall be the responsibility of the Contractor to submit to the Client
Representative the rate analysis as detailed above. The Client Representative shall give its approval
of the rates agreed in writing to the Contractor.
The Client Representative if found suitable and so long the new Works to be carried out is
independent, can also engage a third party contractor to get the Works done.
The decision of the Client Representative in all such matters shall be final and binding on the
Contractor.
Provided that if the nature or amount of any omission or addition relative to the nature of amount
of the whole of the Works or to any part thereof, shall be such that, in the opinion of the Client
Representative, the rate or price contained in the Contract for any item of the Works is, by reason of
such omission or addition, rendered unreasonable or inapplicable, then a suitable rate or price shall
be agreed upon between the Client Representative and the Contractor. In the event of
disagreement, the Client Representative shall fix such other rate or price as shall, in its opinion, be
reasonable and proper having regard to the circumstances.
Provided also that no increase or decrease under sub-clause 9.1 a) or variation of rate or price under
sub-clause 9.2 shall be made unless, as soon after the date of the order as is practicable and, in the
case of extra or additional Works, before the commencement of the Works or as soon thereafter as
is practicable, notice shall have been given in writing:
a) By the Contractor to the Client Representative of its intention to claim extra payment or a
varied rate or price, or
b) By the Client Representative to the Contractor of its intention to vary a rate or price.
9.4. Claims
The Contractor shall send to the Client Representative once in every 15 days an account giving
particulars, as full and detailed as possible, of all claims for any additional payment to which the
Contractor may consider itself entitled and of all extra or additional Works ordered by the Client
Representative which it has executed during the preceding month. No final or interim claim for
payment for any such Works or expense will be considered which has not been included in such
particulars. Final approval for the aforesaid shall be by the Client Representative.
9.5.1. The Contractor further acknowledges that the Client Representative may issue a negative Variation
to the Contractor for a section of the Works if the Contractor consistently fails to achieve progress in
accordance with the MPS. The Client may, in addition to any other amounts to be retained under the
Contract, retain from or adjust against any sums otherwise payable to Contractor under the Contract,
amounts sufficient to cover the full costs of any of the following:
a) Contractor’s failure to comply with any provision of the Contract or Contractor’s acts or
omissions in the performance of its obligations under the Contract, including but not limited
to violation of any Applicable Law, order, rule or regulation, including those regarding
safety, hazardous materials or environmental requirements, lack of deployment of
adequate resources, unable to achieve the process as planned schedule, etc.
c) The Client agrees to or is required to take action or perform work for Contractor, such as
clean-up, off-loading or completion of any incomplete Works.
g) Any other clause under which the Client is entitled to back charge the Contractor as per the
terms of this Contract.
9.5.2. The Client may also levy back charge against the Contractor for work done or cost incurred to remedy
these or any other Contractor’s defaults, errors, omissions or failures to perform or observe any part
of the Contract. The Client Representative shall provide the Contractor a written notice notifying its
intention of exercising rights under this provision of the Contract and shall commence performing
such actions or work or incurring such cost if the Contractor fails to perform the work in accordance
with MPS, not mobilizing adequate resources, commence rectification and/or removal the defaults,
errors, omissions or failures to perform or observe any part of the Contract within 5 (five) days from
date of receipt of such notice.
c) incurred supplier and sub-contractor costs directly related to performing the corrective
action;
d) equipment and tool rentals at prevailing rates in the Site area; and
e) A factor of 25% (twenty five percent) applied to the total of sub-clause (a) through (d)
above, for Client’s overhead, supervision and administrative costs.
9.5.3. The provisions of this Clause 9.5 are in addition to and not in derogation of the other provisions of
the Contract. However, Parties agree that amounts recovered by the Client or set off by the Client
under this Clause 9.5 shall not be again recovered by the Client under any other provision of the
Contract which provides for the same.
All Constructional Plant and materials provided by the Contractor shall, when brought on to the Site,
be deemed to be exclusively intended for the execution of the Works and the Contractor shall not
remove the same or any part thereof except for the purpose of moving it from one part of the Site
to another, without the consent of the Client Representative. All Constructional Plant and equipment
being bought on to the Site shall be in working condition. The Contractor shall maintain an adequate
inventory of consumables and spare parts for the Constructional Plant and materials and shall
undertake periodic preventive maintenance as required for the relevant Constructional Plant or
materials. The Contractor shall maintain complete and accurate records of the Constructional Plant
or materials brought on to the Site and shall provide copies of such records to the Client
Representative upon request.
Upon completion of the Works or on receiving a written direction from the Client Representative,
the Contractor shall remove from the Site all the said Constructional Plant and any unused materials.
If the Contractor fails to remove the Constructional Plant and materials on time given by the Client
Representative, the Client Representative shall have the right to get it removed from an external
agency at the risk and cost of the Contractor. The removal cost includes removal of Constructional
Plant and materials, cost of transport to the destination preferred by the Contractor, cost of leasing
of space if Contractor fails to identify the storage space, supervision charges and penalty as
determined by the Client Representative.
The Client shall not at any time be liable for the loss or damage to any of the said Constructional Plant
or materials save as mentioned herein.
The Client Representative shall as and when necessary, may direct the other vendors/contractors to
use the Contractor’s equipment’s like cranes, material hoists etc., provided such usage is based on
spare capacity/time over and above the works of the Contractor (along with its licensed operators, if
required) brought in by the Contractor for the Works at mutually agreed rates should the usage lead
to incremental financial implication on the Contractor. The Contractor cannot claim any rate/cost
should the usage by others doesn’t have any incremental financial implications. Contractor shall
make arrangements with the Client Representative for the extended use of its equipment beyond
the Contract period for a mutually agreed period and rates. Contractor shall be responsible for all
safety checks and safe working of its equipment during the extension period. Contractor shall provide
rates applicable for the hourly use of its equipment by the Client Representative in a separate list
duly signed by the Contractor, if not asked for in the BOQ. Such rates shall be inclusive of the
operating and maintenance costs for the equipment.
The operation of Clause 10 hereof shall not be deemed to imply any Approval by the Client
Representative of the materials or other matters referred to therein nor shall it prevent the rejection
of any such materials at any time by the Client Representative.
11. Measurement
11.1. Quantities
11.1.1 The quantities set out in the Bill of Quantities are the estimated quantities of the Works but they are
not to be taken as the actual and correct quantities of the Works to be executed by the Contractor
in fulfillment of its obligations under the Contract.
The quantities of the various kinds of Works to be done and materials to be furnished under the
Contract which have been estimated and are set forth in the proposal or the Contract or the Bill of
Quantities, are the estimated quantities and not be accurate in any or all particulars and are only for
the purpose of comparing on a uniform basis the bids offered for the Works under the Contract.
Client Representative reserves the right to take over and operate directly or indirectly some or all
items of Works under the Contract, if such items of Works are not started or operated at all. The
items may be deleted or added in dialogue with Contractors and Client Representative.
The Contractor shall have no claim whatsoever for anticipated profits or loss of opportunity or loss
on profit or for damages consequent on Client Representative taking over and operating such items,
variation in quantities.
The Client Representative shall, except as otherwise stated, ascertain and determine by joint
measurement along with the Contractor the value in terms of the Contract of Works done in
accordance with the Contract. It shall, when it requires any part or parts of the Works to be
measured, give notice to the Contractor's Manager who shall forthwith attend or send a qualified
agent to assist the Client Representative in such measurement and shall furnish all particulars
required by either of them. Should the Contractor not attend or neglect or omit to send the
Contractor’s Manager or such agent, then the measurement made by the Client Representative or
Approved by it shall be taken to be the correct measurement of the Works. For the purpose of
measuring such Works as is to be measured by records and Drawings (GFC / As built drawings), the
Contractor shall prepare records and Drawings month by month of such Works and the Client
Representative shall examine such records and Drawings with the Contractor within 21 days, and
both parties shall sign the same when so agreed. If, after examinations of such records and Drawings,
the Contractor does not agree to the same or does not sign the same as agreed, the records and
Drawings as verified by the Client Representative to be correct, shall be taken to be correct, unless
the Contractor shall, within 14 days of such examination, lodge with the Client Representative, for
decision by the Client Representative, notice in writing of the respects in which such records and
Drawings are claimed by it to be incorrect.
The Works shall be measured as stipulated in the Bureau of Indian Standards notwithstanding any
general or local custom except where otherwise specifically described or prescribed in the Contract.
The Works shall be measured as per latest edition of Indian Standard IS: 1200 or as specified
separately in the technical specifications. Minor departures from the standard method of
measurement have however been adopted in certain measurements and in the detailed compilation
of Bills of Quantities and such departures shall be accepted as amendments to the method of
measurement for the Contract.
Such departures and amendments have either been stated in the Trade Preamble section of Bills of
Quantities.
In the event of any dispute with regard to the method of measurement of any Works, the decision
of the Client Representative shall be final and binding and no extra claims shall be entertained or
allowed at any stage in this regard.
Each month, the Contractor, shall submit its proforma monthly running account bill (“RA Bill”) to the
Client Representative, in a format agreed with the Client Representative. The RA Bills shall be for
Works completed up to the Valuation Date for a particular month. The RA Bills shall be submitted no
later than three working days following the Valuation Date. Valuation Date shall be the date specified
in Schedule 1.
a) RA Bills shall be fully quantified and priced at the rates included in the Contract.
b) Additional works items, where not covered by rates included in the Contract shall be priced
by the Client Representative in accordance with the provisions elsewhere in the Contract.
c) The RA Bills so submitted shall be supported by measurement sheets for the Works carried
out and by reconciliation statements for the consumption of Client Representative supplied
materials. Measurements shall be in accordance with the approved Drawings and as per
the joint measurement record and provision of third party certificates wherever applicable.
iv. Any amounts due and owing from the Contractor to the Client pursuant to the
Contract;
vii. Any other amount due to the Contractor pursuant to the terms of the Contract; and
viii. Any amounts due from the Contractor to the Client pursuant to the terms of the
Contract.
e) The Client Representative shall take the requisite measures for the purpose of verifying the
value of the RA Bills and shall alter and adjust the RA Bills as appropriate to arrive at the
interim or final amount payable to the Contractor. The Client Representative may, in any
RA Bill, make any correction or modification as required in accordance with the Contract.
Once such proforma RA Bill has been reconciled and validated by the Client Representative
(within 7 days from the receipt by it), the Client Representative shall request the Contractor
to raise the final RA Bill to the Client Representative. The aforesaid process shall be
completed within a period of 21 days from the submission of the proforma RA Bill by the
Contractor. The Client Representative shall release payment towards each RA Bill within 10
days of receipt of the final RA Bill from the Contractor.
f) The failure by the Client Representative to specify in any RA Bill any deduction that the
Client is entitled to make will not affect the Client’s right to make the deduction from any
payment, which would otherwise have been due to the Contractor. No payment made by
the Client towards any RA Bill shall be deemed to constitute acceptance by the Client of the
Works or any part thereof.
g) The Client may at its discretion make interim payments towards a RA Bill. All such interim
payments shall be regarded as payments by way of advance against the final payment only
and not as payments for Works actually done and completed. Upon certification from the
Client Representative as stated above, balance amount payable under such RA Bill shall be
made by the Client.
h) On completion of the entire Works, the Contractor shall submit its final running account bill
(“Final RA Bill”) to the Client Representative upon receipt of which it shall check and verify
the same. Upon such certification, the Client shall release payment towards the Final RA Bill
within 90 days of the issue of the certificate of Substantial Completion by the Client
Representative or within 90 days of the submission of the Final RA Bill by the Contractor,
whichever is the later.
i) Interim or final payments made by the Client towards any RA Bill or Final RA Bill shall not
preclude the right of the Client Representative from causing bad, unsound defective or
imperfect Works to be removed and reconstructed by the Contractor nor shall it be
considered as an admission of the due performance of the Contract or any part thereof in
any respect nor the accruing of any claim nor shall it conclude, determine or affect in any
way, the power of Client Representative, under the Contract as to the final settlement and
adjustment of the payment or otherwise or in any other way vary or affect the Contract.
k) In case work is nearly suspended, or in case only unimportant progress is being made, or in
case it is apparent that the Contractor is about to forfeit the Contract, the Client
Representative may, at its discretion, withhold any payment which may be due to the
Contractor.
l) The Contractor shall not demand nor be entitled to receive payment for the Works or any
portion thereof, except in the manner set forth in the Contract and only after the Client
Representative has given a certificate for such payment.
m) The bills and measurement sheets should be submitted in hard and soft copies.
n) The Client Representative shall certify each RA Bill upon verification and validation of the
RA Bills submitted by the Contractor stating the amount due to the Contractor from the
Client taking into account:
i. All the Works executed, valued at the rates and terms of Contract,
v. Recovery of various advances, deduction of Retention Money from each RA Bill and
any other dues to be recovered from Contractor under the Contract, and
o) The Contractor shall be paid by the Client in accordance with the terms of payment as
mentioned herein. No payment shall by itself be conclusive evidence that any Works or
materials to which it relates are in accordance with the Contract neither shall the
Contractor have a claim for any amount which may have been certified as interim and paid
by the Client which might subsequently be discovered as not payable and in this respect
the Client Representative shall be final and binding.
p) The Client Representative shall have power to withhold any certification if the Works or any
part thereof is not being carried out to its satisfaction.
q) The Client Representative may issue a certificate of payment or make any corrections in
any previous certificate, which shall have been issued by it.
s) All statutory levies deductible by the Client, shall be made from the Contractor's RA Bills
such as but not limited to income tax, ESI, PF, GST, insurance premium etc.
t) Along with submission of hard copies of invoices to the QS team for certification, the
Contractor shall also email soft copies of the invoices submitted to
invoicehelpdesk@phoenixindia.net.
b) The recovery of the Mobilization Advance under this Clause shall commence from the first
RA Bill. This shall be recovered on pro-rata basis commencing from the first RA Bill and will
be fully recovered up to certification of the RA Bill equivalent to 80% of the Contract Price.
d) Each Mobilization Advance shall be released within 15 days from submission of the Bank
Guarantee for Mobilization Advance by the Contractor. Further, the Parties agree and
acknowledge that in the event of the Works being abandoned, for any reasons whatsoever,
the advances released by the Client shall be returned by the Contractor to the Client and
the Contractor shall be reimbursed the actual reasonable expenses incurred by it in
mobilizing the resources, within 60 (sixty) days of submission of bill(s) with proper backup,
failing with the Bank Guarantee for Mobilization Advance shall be invoked. The Contractor
shall be liable to demonstrate such expenses having actually incurred with the help of an
auditor’s certificate.
a) RA Bills shall be submitted by the Contractor and shall be certified for quality of work done
and assessed quantities of Works completed. Assessment of the Client Representative shall
be final and shall be done within 21 calendar days from the date of submission of the
proforma RA Bills along with all the required documents listed in bill submission checklist
to be provided by the Client Representative. Minimum amount of each RA Bill shall be at
least 5% of Contract Price or 1 Crore whichever is lower. Only one RA Bill per month will be
allowed to be submitted.
b) If the conditions set out above are not fulfilled, Client Representative shall have the
authority to reject the RA Bills submitted to it. Contractor shall ensure that all conditions
are compiled with before submission of any RA Bill.
c) Certification of the previous month’s RA Bill shall need to be completed before the RA Bill
for the next month is submitted. Responsibility for completion of certification by the Client
Representative shall lie with the Contractor by providing the required data to the Client
Representative to complete the certification of the RA Bills.
d) In case of any submission of non-tender items in RA Bills, Contractor shall ensure to claim
only non-tender items approved by the Client Representative and approval copy or related
supporting documents need to be part of every submission. Contractor shall not be eligible
to claim any items which are not approved or under discussion. Only on getting
independent rate approval for a non-tender item, the Contractor shall be entitled to include
the same in the RA Bills. Submission of non-tender items for approval shall follow the
Variation process under Clause 9.
e) Tracker with expiry dates of statutory documents like BG, CAR policy, WCP policy, labor
license etc., shall need to be part of every RA Bill submission.
i. The Contractor shall take all possible measures that can be taken on its part, to
ensure that all tax exemptions are availed of by the Client.
ii. The Contractor shall keep the Client Representative aware of all such measures taken
by it to avail of tax benefits. Should any process to avail of the tax exemption involve
Client, the Contractor shall inform the Client Representative well in advance.
However, this does not bind the Client to apply for tax exemption as required by the
Contractor.
iii. Further, if under any circumstances and not due to the negligence of the Contractor,
any tax exemptions notified by the Contractor is not available and the Contractor is
required to charge any such taxes or levies, the recoverability of such taxes and levies
from the Client shall be mutually agreed.
i. Notwithstanding anything contained in the Contract, the Contractor shall strictly and
in a timely manner, adhere to and undertake all acts, omissions and compliances
required under the applicable GST laws to ensure that the Client is able to avail the
Input Tax Credit/set off/rebate/refund of the GST (along with cess and surcharges, if
relevant) applicable on the supplies made by the Contractor to the fullest extent
possible under Applicable Law.
ii. Without limiting the generality of the foregoing obligation in any manner
whatsoever, the Contractor shall maintain and preserve all records, vouchers, bills,
invoices, proof of compliances and any other documents and shall make the same
available for inspection/verification by the Client Representative /auditors for the
purpose of evaluating GST on the Works.
iii. The Client reserves the right to specify, for the supplies envisaged under the Contract
by the Contractor, the particular compliances to be undertaken (including aspects
like (i) whether Contractor should charge IGST or CGST-plus-SGST; (ii) from where the
billing should be undertaken and to which registration of the Client; (iii) whether the
Contractor should be responsible to generate the E-Way Bill; (iv) the format of
invoices/credit and debit notes/advance receipt vouchers; (v) maintenance of
‘Compliance Rating’ above a specified threshold; etc.) and the relevant timelines for
such compliances based on the applicable GST laws.
iv. The Contractor acknowledges that any failure in the foregoing obligations (including
undertaking the ones specifically instructed by the Client, if any) can cause significant
losses to the Client in the form of loss of GST credit, statutory interest liability on such
credit loss (under applicable GST laws) and adverse impact on compliance rating and
thus, undertakes to carry out this foregoing obligation with sincerity, due diligence
and without any delay or demur.
v. The Parties agree that the Client may opt to reimburse the GST component on
supplies received only when the corresponding credit has become available in the
electronic credit ledger of the relevant GST registration of the Client.
vi. Without prejudice to any other indemnification obligation under the Contract, the
Contractor agrees to, at all times, to hold harmless and indemnify the Client from
and against all claims, liabilities, expenses, proceedings, costs and losses that may be
suffered or incurred by the Client which may arise out of or in connection with any
failure by the Contractor to adhere to its obligations under sub-clause (i) above. In
this regard, the Contractor also hereby indemnifies the Client from any costs, claim
or liability arising out of any claim or action or omission by any employee or
consultant or agent or outsourced staff of the Contractor.
Retention Money, at the rate as mentioned in Schedule 1, shall be deducted from each RA Bill and
held as retention money. The Client may at its discretion accept the Retention Money in the form of
bank guarantee.
On request of the Contractor, the Client may, at its discretion, release part or full Retention Money
for Defects Liability Period on submission of bank guarantee of like amount in the same currency
from an Approved bank, substantially in the format attached as Appendix H hereto.
Retention Money shall be deducted over and above the Bank Guarantee for Contract Performance
required to be submitted under Clause 5.9 of the Contract. Bank Guarantee for Contract Performance
and/or Retention Money will not bear any interest whatsoever.
50% of the Retention Money shall be released on the issuance of the certificate of Substantial
Completion and the balance 50% within a period of 28 days from the expiry of the Defects Liability
Period provided that the Works is free from defects and the Contractor has rectified all defects
identified by the Client Representative. The Retention Money shall not carry any interest.
b) to complete the Works which the Contractor has failed to perform in accordance with the
Contract; or
c) due to failure by the Contractor to observe and maintain safety standards in accordance
with the Contract,
No certificate other than the Final Completion Certificate referred to in Clause 12.5 hereof shall be
deemed to constitute approval of the Works.
Performance of the Contractor’s obligations shall not be deemed to have been completed till the
issuance by the Client Representative of a final completion certificate (“Final Completion
Certificate”).
a) The Contractor shall notify the Client Representative of the date on which the following
have occurred:
ii. Give reasons for not issuing the Final Completion Certificate.
c) If the Client Representative gives reason for non-issuance of the Final Completion
Certificate as aforesaid, the Contractor shall notify the Client Representative of the date on
which the items set out in sub-clause 12.5 (a) (i) –(iv) are completed and the provisions set
out in sub-clause 12.5 (b) shall apply mutatis mutandis.
The Client Representative is not obligated to consider / evaluate any claim by the Contractor for any
matter or thing arising out of or in connection with the Contract or the execution of the Works, unless
the Contractor shall have made a claim in writing in respect thereof before the giving of the Final
Completion Certificate under Clause 12.5 above.
13. Termination
13.1.1 The Client may, without prejudice to any other rights or remedies under the Contract or under law,
terminate the Contract forthwith in the following circumstances by issuing a termination notice to
the Contractor:
b) if the Contractor assigns or transfers the Contract or any right or interest therein in violation
of the Contract.
a) abandons or ceases performance of the Works or otherwise demonstrates its intention not
to continue performance of its obligations under the Contract;
b) repudiates the Contract or otherwise takes any action or evidences or conveys an intention
not to be bound by the Contract;
d) fails to submit the final cost loaded resource loaded schedule in MS Projects to the
satisfaction of Client Representative within 10 days, upon the issuance of the Letter of
Award but before commencement of the Works and payment of Mobilization Advance;
e) fails to execute the Works in accordance with the Contract or neglects to carry out its
obligations under the Contract;
f) fails to execute the Works in accordance with the MPS including failure to achieve interim
milestones for the Works;
h) has failed to furnish the required securities/bank guarantees or to extend or keep effective
the same in terms of the Contract;
j) fails to complete the items provided in the Punch List within the specified timelines
provided for;
k) fails to make payment of any amounts owed to the Client by the date prescribed for such
payment under the Contract;
l) causes or is responsible for any event which has a material adverse effect on the execution
of the Works;
m) willfully causes any sabotage or mischief resulting in any damage or destruction of the Site,
works or any property of the other contractors or the Client; or
n) is/was involved in corrupt practices or fraudulent practices in any time from the date of
execution of the Contract till the end of the Defects Liability Period.
Then the Client may, after giving fourteen days’ notice in writing to the Contractor, terminate the
Contract there from without thereby releasing the Contractor from any of its obligations or liabilities
under the Contract, or affecting the rights and powers conferred on the Client by the Contract.
Upon receipt of the termination notice, the Contractor shall either immediately or from the date
specified in the termination notice:
a) cease execution of all further Works, except for such Works as the Client may specify in the
termination notice for the purpose of protecting that part of the Works already executed,
or any Works required, or for the purpose of leaving the Site in a clean and safe condition;
c) Deliver to the Client, the parts of the Works executed by the Contractor up to the date of
termination;
d) assign to the Client, all right, title, interest and benefit of the Contractor to the Works as at
the date of termination, and, as may be required by the Client, in any sub-contracts; and
Pursuant to any termination under this Clause 13, the Client may enter upon the Site and complete
the outstanding Works itself or by employing any third party at the cost and risk of the Contractor in
accordance with Clause 13.4 below.
The Client Representative shall, as soon as may be practicable after such termination by the Client
fix and determine after such investigation or enquiries as he may think fit to make or institute and
shall certify what amount, if any, had at the time of such entry and expulsion been reasonably earned
by or would reasonably accrue to the Contractor in respect of Work then actually done by him under
the Contract and the value of any of the said unused or partially used materials, any Constructional
Plant and any Temporary Works.
If the Client shall terminate the Contract under Clause 13.1, it shall not be liable to pay to the
Contractor any money on account of the Contract until the expiration of the Defects Liability Period
and thereafter until the costs of execution and final completion, damages for delay in completion, if
any, and all other expenses incurred by the Client have been ascertained. The Contractor shall then
be entitled to receive only such sum or sums, if any, as the Client Representative may certify that
would have been payable to it for the Works completed after deducting the said amount. If such
amount exceeds the sums payable to the Contractor for the Works completed by it, then the
Contractor shall, upon demand, pay to the Client the amount of such excess and it shall be deemed
a debt due by the Contractor to the Client and shall be recoverable accordingly.
If, by reason of any accident, or failure, or other event occurring to in or in connection with the
Works, or any part thereof, either during the execution of the Works, or during the Defects Liability
Period, any remedial or other Works or repair shall, in the opinion of the Client Representative, be
urgently necessary for the safety of the Works and the Contractor is unable or unwilling at once to
do such Works or repair, the Client Representative may engage and pay other persons to carryout to
such Works or repair as it may consider necessary. If the Works or repair so done by the Client
Representative is the Works which, in the opinion of the Client Representative, the Contractor was
liable to do at its own expense under the Contract, all expenses properly incurred by the Client in so
doing shall be recoverable from the Contractor by the Client, or may be deducted by the Client from
any monies due or which may become due to the Contractor.
14.1.1. Upon occurrence of a Force Majeure event, the Party claiming the benefit of Force Majeure (the
“Affected Party”) shall, by notice, report such occurrence to the other Party forthwith. Any notice
pursuant hereto shall include full particulars of:
a) the nature and extent of each Force Majeure event which is the subject of any claim for
relief under this Clause 14, with evidence in support thereof;
b) the estimated duration and the effect or probable effect which such Force Majeure event
is having or shall have on the Affected Party’s performance of its obligations under the
Contract;
c) the measures which the Affected Party is taking or proposes to take for alleviating the
impact of such Force Majeure event; and
14.1.2. The Affected Party shall not be entitled to any relief for or in respect of a Force Majeure event unless
it shall have notified the other Party of the occurrence of the Force Majeure event as soon as
practicable, and in any event not later than 5 days after the Affected Party knew, or ought reasonably
to have known, of its occurrence, and shall have given particulars of the probable material effect that
the Force Majeure event is likely to have on the performance of its obligations under the Contract.
14.1.3. For so long as the Affected Party continues to claim to be materially affected by such Force Majeure
event, it shall provide the other Party with regular (and not less than weekly or at such intervals as
may be mutually agreed between the Client Representative and the Contractor) reports containing
information as required under this Clause 14, and such other information as the other Party may
reasonably request the Affected Party to provide.
14.1.4. The Affected Party shall use all endeavors to mitigate and remove the effect of Force Majeure events
preventing performance of its obligations under the Contract.
14.1.5. The Affected Party shall give notice to the other Party immediately when it ceases to be affected by
the Force Majeure event.
If the Affected Party is rendered wholly or partially unable to perform its obligations under the
Contract because of a Force Majeure event, it shall be excused from performance of such of its
obligations to the extent it is unable to perform on account of such Force Majeure event.
Upon occurrence of any Force Majeure event, the following shall apply:
b) The dates set forth in the MSP shall be extended by the period for which such Force Majeure
event subsists and as agreed by the Client Representative; and
c) Each Party shall bear its own costs arising out of or concerning such Force Majeure event.
14.4. Termination
a) If a Force Majeure event subsists for a period of 120 days or more within a continuous
period of 365 days, either Party may in its sole discretion terminate the Contract by issuing
a termination notice to the other Party without being liable in any manner whatsoever, and
upon issuance of such termination notice, the Contract shall, notwithstanding anything to
the contrary contained herein, stand terminated forthwith; provided that before issuing
such termination notice, the Party intending to issue the termination notice shall inform
the other Party of such intention and grant 30 (thirty) days’ time to make a representation,
and may after the expiry of such 30 (thirty) days period, whether or not it is in receipt of
such representation, in its sole discretion issue the termination notice.
b) Upon such termination, the Client shall pay to the Contractor the following:
c) amounts payable for any part of the Works which has either been completed or in the
process of completion, less amounts already paid. Such amounts shall be determined by
the Client Representative. In the event the rates in the Contract are not applicable for such
valuation, then an amount as determined by the Client Representative. In case of any
disagreement as to the amounts payable, as determined by the Client Representative, the
same shall be resolved as per the dispute resolution mechanism laid down in Clause 16.
Provided that the Contractor shall not be entitled to be paid for any Works, which has not
been executed in accordance with the Specifications given to the Contractor.
d) cost of materials or goods reasonably ordered for the Works which shall have been
delivered to the Contractor or of which the Contractor is legally liable to accept delivery,
such materials or goods becoming the property of the Client upon such payments being
made by him. Provided always that against any payments due from the Client under this
sub-clause, the Client shall be entitled to be credited with any outstanding balances due
from the Contractor for advances in respect of Constructional Plant and materials and any
other sums which at the date of termination were recoverable by the Client from the
Contractor under the terms of the Contract.
If the Contract shall be terminated as aforesaid, the Contractor shall, with all reasonable dispatch,
remove from the Site all Constructional Plant and such temporary works as the Contractor had
constructed for its use, and shall give similar facilities to its Sub-Contractors to do so, unless the Client
Representative has detained the same in accordance with the terms and conditions of the Contract
for the purpose of disposal to recover any monies due to it or for safety reasons. The Contractor shall
reinstate the Site to its original condition after removal of the Constructional Plant.
15. Indemnity
15.1. The Contractor shall indemnify, defend and hold the Client (including all its officers, employees,
representatives, agents and personnel) harmless against any and all costs, expenses (including
attorneys' fees), charges, loss, damages, claims, demands, proceedings, actions and, third party
claims of whatsoever nature suffered or sustained by the Client by reason of breach by the Contractor
of any of its obligations under the Contract.
Without limiting the generality of the foregoing, the Contractor shall fully indemnify, save harmless
and defend the Client including its officers, servants, agents and other contractors from and against
any and all loss and damages arising out of or with respect to failure of the Contractor:
e) any claim by a third party that the Client’s use of any information, goods, works, equipment,
materials or services provided by the Contractor or its Sub-Contractors to the Client
infringes its intellectual property rights;
g) failure of the Contractor to comply with its obligations under the Contract.
Neither Party shall be liable to the other for loss of profit, loss of interest, loss of reputation, loss of
any other contract or any other indirect or consequential loss or damage which may be suffered by
the other Party under or in connection with the Contract, irrespective of whether a claim for such
damages is based on law of contract, tort (including negligence) or otherwise. Provided that the
Contractor shall be fully liable for any wilful sabotage or mischief by the Contractor or its workers
resulting in any damage or destruction of the Site, works or any property of the other contractors or
the Client.
16.1.1 The Contract shall be governed by and construed under the laws of the Republic of India, without
regard to conflicts of laws principles.
16.1.2 In the event of a dispute, difference or controversy of whatever nature between the Parties,
howsoever arising under, out of or relating to any of the matters set out in the Contract and so
notified by either Party to the other (“Dispute”), shall in the first instance be attempted to resolve
amicably in accordance with Clause 16.1.3 below.
GENERAL CONDITIONS OF CONTRACT Page 88 of 118
16.1.3 Either Party shall require such Dispute to be referred to the respective Chief Executive Officer(s) of
the Parties, for amicable settlement. Upon such reference, the two shall meet at the earliest mutual
convenience and in any event within 30 (thirty) days of such reference to discuss and attempt to
amicably resolve the Dispute.
16.1.4 In case the Dispute is not settled within the aforesaid period of 30 (thirty) days, it shall be referred
to arbitration in accordance with the Clause 16.1.5 below.
16.1.5 All such Disputes that have not been satisfactorily resolved under the preceding sub-clause above
shall be referred to and settled by arbitration by three Arbitrators, one to be nominated by each
party. The two arbitrators shall, in turn appoint a neutral third party who shall also be an arbitrator.
The decision of the arbitral panel shall, however, be final and binding on both the parties. For the
purpose of this clause, the provisions of the Arbitration and Conciliation Act, 1996, with the relevant
amendments and latest revisions shall be applicable. The Venue of arbitration shall be Hyderabad
and the arbitration shall be carried out in the English language.
16.1.6 The disputes, if any, between the Parties, shall be subject to the exclusive jurisdiction of the courts
in Hyderabad.
16.1.7 All decisions and determinations by the Client Representative shall be deemed to be decisions of an
expert whose expertise the parties accept. The decision shall not be an award pursuant to arbitration
or conciliation.
Contractor shall be responsible for creating his own site office, at its cost. In case of Civil works, the
Contractor shall supply & erect a well-lit, temporary Site office for use by the Client Representative,
Client’s office and for Consultants with all internal office facilities, at cost to be reimbursed by the
Client, if required. The layout of the Site offices of Client Representative shall be as approved by the
Client Representative. In case of lack of availability of space at site for erecting the site office, the
Contractor shall at his own cost find a necessary alternative outside the compound.
18.1.1 All certificates, notices or written orders to be given by the Client or by the Client Representative to
the Contractor under the terms of the Contract shall be served by sending by email followed by a
formal letter, post to or delivering the same to the Contractor's principal place of business, or Site
office for the Works, or such other address as the Contractor shall nominate for this purpose.
All notices to be given to the Client shall be sent to the Client Representative with copy to the Client
under the terms of the Contract shall be served by sending by email followed by a formal letter, post or
delivering the same to the addresses nominated for that purpose.
Either party may change a nominated address to another address in the country where the Works
are being executed by prior written notice to the other party.
The Contractor, its Sub-Contractors and nominated sub-contractors, at their cost shall comply with
the safety precautions, protective measures, housekeeping requirements, etc. which shall be
minimum of the Phoenix-Turner standard safety protocol for construction works enclosed herewith
as Appendix F hereto. The Contractor and its Sub-Contractors are expected to have gone through
the same and understood the requirements. The Client Representative with due intimation shall have
the right to stop the work at Site, if in his opinion proceeding with the work will lead to an unsafe
and dangerous condition and do not meet the protocol. The Contractor shall get the unsafe condition
removed or provide protective equipment. The Contractor shall ensure that all workmen are aware
about the nature of risk involved in their work and have adequate knowledge for carrying out their
work safely.
The instructions issued herein are indicative and not exhaustive. Therefore, the Contractor shall be
responsible to ensure that adequate safety measures have been adopted in the course of execution
of the Contract in accordance with safety standards / statutory regulations, as applicable.
The Contractor shall be held responsible for non-compliance if any of the safety measures and delays,
implications, injuries, fatalities and compensation arising out of such situations or incidents.
GENERAL CONDITIONS OF CONTRACT Page 90 of 118
20. Representations and Warranties
20.1.1 The Contractor and Client each hereby represent and warrant to each other that:
20.1.2 It is duly organized, validly existing and in good standing under the laws of its incorporation and has
full power and authority to execute, deliver and perform its obligations under the Contract;
20.1.3 It has taken all necessary corporate and other action under its constitutional documents to authorize
the execution, delivery and performance of the Contract.
20.1.4 The Contractor hereby represents and warrants to the Client that:
(a) It has the financial standing and capacity to perform the Works and it can pay its debts as
they fall due and is not suffering from any insolvency event under Applicable Laws;
(b) The Contract constitutes its legal, valid and binding obligation enforceable against it in
accordance with the terms hereof;
(c) The execution, delivery and performance of the Contract will not conflict with, result in the
breach of, constitute a default under or accelerate performance required by any of the
terms of the Contractor's constitutional or charter documents or any covenant, contract,
understanding, decree or order to which it is a party or by which it or any of its properties
or assets are bound or affected;
(d) There are no actions, suits, proceedings or investigations pending or to the Contractor's
knowledge threatened against it at law or in equity before any court or before any other
judicial, quasi-judicial or other authority, the outcome of which may constitute a default or
breach by the Contractor or which individually or in the aggregate may result in a material
adverse effect upon the Works or upon the Project;
(e) It has no knowledge of any violation or default with respect to any order, writ, injunction
or any decree of any court or any legally binding order of any competent authority which
may result in a material adverse effect upon the Works or upon the Project;
(g) No bribe or illegal gratification has been paid or will be paid in cash or kind by or on behalf
of the Contractor to any person to procure the Contract or to procure other agreements or
for performance under the Contract in which the Contractor may be a party in relation to
the Works or the Project;
(h) It has conducted its own review of the Site and it has satisfied itself as to the ingress and
egress from the Site for undertaking and completing the Works;
(i) It has thoroughly examined the Specifications and the Contract documents at length and is
satisfied that there are no ambiguities, discrepancies, inconsistencies, divergence, design
or construction impracticalities or omissions from, within and between such documents
and that it has consequently agreed to complete the Works in accordance with the
Specifications;
(j) It has made an independent evaluation of the scope of the Works and has determined and
fully acquainted itself with the nature and extent of the difficulties, the risks and hazards
that are likely to arise or may be faced by it in the performance of all its obligations in the
Contract and that the same have been taken into account in the Master Project Schedule
and all other considerations as to time and cost;
(k) Except as provided in this Contract, the Contractor shall not seek to vary the Contract Price
or any part thereof or the Master Project Schedule;
(l) The Contractor's personnel employed by it for the purposes of this Contract are registered
and licensed, fully experienced in, equipped, organized and it is adequately financed for the
performance of the Works for a project of the scope, complexity, size and technical
sophistication of the Project and that it possesses the highest level of skill, care and
diligence commensurate with such Good Industry Practice in the performance of the
Works, upon which skill and expertise the Client is entirely reliant;
(n) It shall execute the Works and achieve completion of the Works, which as a whole and in
parts, will be adequate, accurate and sufficient and will meet and comply in all respects
with the Specifications, Applicable Laws and Good Industry Practice;
(o) All the Materials shall be new, and every element of the Works executed, shall be suitable,
cost-effective, correct, accurate and free from defects in every respect;
(p) It recognizes that the process of performing the Works will require the closest consultation,
co-operation and co-ordination between itself, the Client Representative, Sub-Contractors
and Direct Contractors, and that it has taken account of the same in the Master Project
Schedule and the Contract Price. The Contractor further recognizes that it will be necessary
for the parties hereto to further develop and agree on systems, methods and procedures
to enable the same to be carried out;
(q) It is fully responsible for the integration of the Works and the Related Works and that:
(i) the Contract Price is inclusive of the cost of the Contractor's compliance with this
Contract; and
(j) the Contractor has programmed and will continue to program the Works in such a way
as to ensure its compliance with its obligations under this Contract; and
20.1.5 No representation or warranty by the Contractor contained herein or in any other document
furnished by it to the Client contains or will contain any untrue statement of material fact or omits
or will omit to state a material fact necessary to make such representation or warranty not
misleading.
20.1.6 The representations and warranties in this Clause 20above have been made as on the date of
execution of the Contract and shall be deemed to be repeated by the Contractor on every day
following such date of execution of the Contract, until the date that the Works have been finally
completed or the date that this Contract is terminated, whichever is earlier.
GENERAL CONDITIONS OF CONTRACT Page 93 of 118
21. Delegation and Assignment
If necessary or desirable, the Client shall be entitled to delegate and assign some or all its rights and
duties being performed by the Client Representative under this GCC to a third party (“General
Contractor” or any other consultant as named by the Client).
Consent of the Contractor is deemed to be given for such delegation and assignment to the General
Contractor. On and from the date of such delegation and assignment, the Contractor shall discharge
all its duties and obligations towards the General Contractor as if it was originally the Client
Representative to the extent of such delegation and assignment.
The Contractor shall promptly take all actions (including acknowledgment of any agreement that may
be executed between the Client and the General Contractor) in relation to such delegation and
assignment.
Tenderers are required to fill up all the blank spaces in this Tender Form and Appendix.)
To,
_________________
Dear Sir,
1.1 Having examined the GCC, BOQ, Scope of Work for the execution of the Works (as defined the
GCC), we, the undersigned, offer to execute complete and maintain the whole of the said Works in
conformity with the said GCC , BOQ for the sum of rupees
................................................................................................................................................................
....................................................................................................(Rs. .....................) or such other
sums as may be ascertained in accordance with the said documents.
1.2 We undertake that if our tender is accepted, we shall commence the Works from the date as
specified in the Letter of Award and to complete and deliver the whole of the Works comprised in
the Contract within ………. months calculated from the last day of the aforesaid period in which the
Works are to be commenced.
1.3 If our tender is accepted we will obtain the guarantee of a scheduled Bank (to be approved by the
Client) for a sum 5% (five percent) of the above named sum (in point 1 of this letter) for the
performance of the Contract under the terms as provided in the GCC and to be Approved by you, on
receipt of Letter of Award but before execution of the Contract.
1.4 We agree to abide by this tender for the period of 90 days from the date fixed for receiving the same
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period. We undertake to facilitate the timely finalization of the decision by the Client of the
acceptance of the bid by being present at their Hyderabad offices for meetings as and when
requested by the Client/Client Representative.
1.5 We understand that you are not bound to accept the lowest or highest of any tender you may
receive. We also understand that you reserve the right to basic rate items required for execution of
the Works under the tender and/or make alternative arrangements for insurance which would have
to be complied with by us.
1.6 We confirm that there are no deviations in the tender documents submitted here with from the
proforma tender documents except for those qualified separately in the offer.
Contract Agreement
Between
M/s …………………………., a company incorporated under the Companies Act, 1956, having its registered office at
………………………………………………………………. bearing PAN No: ……………………… and GST No: ………………………….
(Hereinafter referred to as the “Employer/Owner/Client” which expression shall, unless it be repugnant to the
context or meaning thereof, be deemed to mean and include its successors and assigns) is desirous of carrying
out Construction of Proposed “…………………” (SEZ Building) at …………………………………………………….” (Hereinafter
referred to as “Project”) of the First Part.
And
M/s ………………………………….., a company incorporated under the Companies Act, 1956 having its
registered address at ………………………………………………. bearing PAN No: ……………………….. and GST No:
…………………………. (hereinafter called “Contractor”) of the Second Part.
Whereas the first and second party shall be collectively referred to as the “Parties”.
WHEREAS
A. The Employer had by way of an invitation to enquiry, invited proposal for the execution of
“…………………………Works” in relation to the proposed SEZ project ……………(“Project”) as more fully set
out in the scope of Work.
B. The Employer has reviewed the proposals/ offers received from various entities and induced by the: (i)
representations, warranties, covenants, undertakings and commitments made by the Contractor; and (ii)
the Contractor agreeing to comply with the terms and conditions of this Contract Agreement and
accordingly, all parties agreed to enter into this Contract Agreement.
C. The Employer has selected M/s …………………………………………… as a Contractor, in relation to the Project
comprising a part of the Works and more fully described in technical specifications, drawings, BOQ
(“Works” or “Contract Works”) and to execute the same.
D. The Contractor represents and warrants that it is fully aware of, understood the same and accepted the
General Conditions of the Contract, the Special Conditions of the Contract, the Construction schedule, the
Specifications, Drawings, Priced Bill of quantities and Scope of work in respect of the Works. The Contractor
agrees to strictly adhere to the Construction schedule and delivery schedule of material, the Specifications,
Drawings, Bill of quantities, Scope of work and detailed QA/QC documents and Safety procedure as per
safety codes and ‘The Safety Manual’ implemented by the Client, as required for the purpose of
performance of its obligations under this Contract Agreement.
In this Contract Agreement, words and expressions shall have the same meanings as are respectively
assigned to them in the Terms and Conditions hereinafter referred to:
a) The following documents shall be deemed to form and be read and construed as part of
this Contract Agreement:
2. Letter of Award, along with statement of agreed variations and its enclosures, if any,
6. Specifications,
7. Drawings,
9. Construction Schedule,
c) The Client hereby covenants to pay the Contractor, in consideration of execution and completion
of the Works and the remedying of defects therein a Contract sum of INR ……………………….
(Rupees …………………………………………. only) excluding GST, same shall be Nil as per SEZ norms
or such sum as may become payable under the provisions of the Contract Agreement for
execution of “……………………………………………………” at the times and in the manner prescribed
by the Contract. This is a re-measurable Contract and the quantities mentioned are indicative
only, and the final quantities shall be certified and prevail for payments to the Contractor as per
Priced Bill of Quantities attached herewith. The Final Contractor Price shall be arrived at after
the Completion of Project.
d) The invoice submitted by the Contractor to the Client shall be paid directly by the Client.
e) The Commencement Date of the Works shall be as specified in the Letter of Award and shall
be completed as per the timeline specified in Schedule “8” the Construction Schedule attached
herewith.
f) The Contractor shall provide various temporary works including plants, equipment, tools and
accessories required for completion of the Works in time and as per quality and safety standards
agreed and the same are included in their cost as per Letter of Award.
g) The Contractor shall submit bank guarantees for mobilization advance, performance and
retention money in line with Summary Terms of the Contract (Schedule 1), as per the formats
attached herewith GCC.
h) Each Party hereto agrees to indemnify the other Party (ies) against their respective parts in
case of breach/default of the respective Party (ies) in the implementation of this Contract.
i) Any of the terms of this Contract Agreement may be amended, modified or otherwise be dealt
with, provided that the same shall be in writing with the mutual consent of the Parties and which
shall have the same effect as if embodied in this Contract Agreement and shall form part of this
Contract Agreement.
j) The Contractor acknowledges and confirms that this Contract Agreement has been executed on the
basis of and relying upon the representations and warranties given by the Contractor under the
Contract.
F. ARBITRATION
The Arbitration shall be conducted in accordance with the Indian Arbitration and Conciliation Act,
1996 including any amendments to it thereafter. The arbitration hearing shall take place in
Hyderabad before a single Arbitrator jointly appointed by the Parties.
In the event the parties fail to appoint a mutually acceptable sole arbitrator, the parties shall refer
the matter before a tribunal comprising of three arbitrators, one to be appointed by each party and
the third arbitrator to be mutually appointed by the said nominated arbitrators. The award of the
sole Arbitrator or the tribunal shall be final and binding on all the three parties.
G. JURISDICTION
All disputes relating to or arising out of this Contract Agreement will be subject to the exclusive
jurisdiction of the courts in Hyderabad, Telangana state only. The provisions of this Contract
Agreement shall be governed by, and construed in accordance with Indian law.
In Witness whereof the parties hereto have caused this Contract Agreement to be executed the day and
year first before written in accordance with their respective laws.
For and on behalf of the Employer For and on behalf of the Contractor
Date:
This deed of Bank Guarantee is made on …………………… by ……………. (Bank name) having its branch at
…………………………………. (Hereinafter referred to as the "Bank") in favour of M/s. Phoenix _____________
Limited having its registered office at……………………….. Project at: ……………………………. (Hereinafter referred
to as the "Employer").
WHEREAS
2. The Employer requested the Contractor to provide a bank guarantee for sum of Rs. …………….
(Rupees ………………..only) in accordance with the terms of the agreement towards performance.
3. The Contractor agreed to the aforesaid request and approached the Bank for issuing bank guarantee
in favor of the Employer to a tune of Rs…………….. (In words………………….).
4. The Bank has agreed to guarantee a sum of Rs………………. (In words………) on terms contained herein
and issue this Bank Guarantee in favour of the Employer.
NOW THIS DEED WITNESSETH AS FOLLOWS:
1. The Bank was constituted and established under the ……………………. Act, 19XX. At the request of the
Contractor the Bank had agreed to provide a bank guarantee to the Employer and undertakes to pay
the Employer an amount not exceeding Rs. ………………/- (Rupees ……………. Only) against
any loss or damage caused to or suffered or would be caused to or suffered by the Employer by the
reason of any breach by the said Contractor(s) of any terms and conditions contained in the
Agreement.
2. The Bank do hereby undertakes to pay the amount due and payable under this guarantee without
any demur merely on a demand from the Employer. Any such demand made on the Bank shall be
conclusive and binding on the Bank and without requesting any further proof, the Bank shall
unconditionally pay the Employer an amount of Rs. ………….. (Rupees ………….only). However, the
liability of the Bank under this guarantee shall be restricted to an amount not exceeding Rs.
………….(Rupees ……………..)
3. The Bank undertakes to pay the bank guarantee amount immediately on receipt of the notice of
demand from the Employer any money so demanded notwithstanding any dispute or disputes raised
by the Contractor(s) in any suit or proceeding pending before any Court or Tribunal relating thereto.
The liability of the Bank under this Agreement is absolute and unequivocal. The payment so made
by the Bank under this bond shall constitute valid discharge of their liability and the Contractor(s)
shall have no claim against the Bank for making such payment.
4. The Bank further undertakes that the Guarantee herein contained shall remain in full force and effect
till ________. The bank guarantee shall, during this period, continue to be enforceable either till the
performance under the agreement is completed by the Contractor to the satisfaction of the
Employer and a certificate to that extent is issued by the Employer and its claims are satisfied or
discharged. Unless a demand or claim under this guarantee is made to the Bank in writing the Bank
shall not be discharged from its liability under this guarantee.
5. The Bank further undertakes that the Employer shall have the fullest liberty without affecting in
anyway the liability of the Bank under this bank guarantee, from time to time, to vary any terms and
conditions of the said agreement to extend the time of performance of the Contractor. The Bank
shall not be relieved from its liabilities under these presents by exercise of the liberty with reference
to the matter aforesaid by the Employer. This Guarantee will not be discharged due to change in the
constitution of the Bank or the Contractor. Further, this Bank Guarantee shall not be determined,
impaired, prejudiced or otherwise be affected by insolvency or bankruptcy of the Bank or the
Contractor nor by merger or amalgamation of the Bank with any other bank, banking company or
any other entity.
6. This Guarantee is furnished and is deemed to be furnished in Hyderabad and the Courts in Hyderabad
will have civil jurisdiction.
7. The Bank undertakes not to revoke this guarantee during its currency period except with the previous
consent of the Employer in writing.
8. Notwithstanding anything contained hereinbefore the liability of Bank under this bank guarantee is
restricted to Rs. …………… (Rupees ………………). This Bank Guarantee is valid up to …………….unless a
claim or demand in writing is filed against us before the expiry date. Upon expiry of the bank
guarantee all the rights under the said bank guarantee shall be forfeited and the Bank shall be
released and discharged from all liabilities hereunder.
9. A demand for payment under this Guarantee shall be made to the Bank by the Employer in writing
at the following address:
Bank name,
Address:
Fax No:
E mail ID:
The demand for payment shall be deemed to have been sufficiently served upon deposit of the
written demand by the EMPLOYER. Such written demand shall be sent to the Bank by the registered
post prepaid in the post office box addressed as aforesaid or by hand delivery or fax or email and the
Bank shall make the payment of the amount due immediately upon the receipt of notice in writing
from and on behalf of the Employer.
10. The Bank undertakes to pay Rs. ………… (Rupees ……………) by a demand draft /pay order/RTGS/NEFT
Transfer in favour of the Employer.
11. Failure in requiring or obtaining any security or in the observance of performance of any of the terms
of the agreement by the Contractor or delay or default by the Contractor in requiring of enforcing
the observance of performance of any of the terms of the agreement; shall not have the effect of
releasing the Bank from the obligation to pay Rs. ……….. (Rupees……………..) nor shall it prejudice
any of the rights or remedies available to the Employer.
12. The Bank hereby irrevocably and unconditionally waives any and all rights it may now or hereafter
have under any agreement, law or in equity (including rights conferred on sureties by sections
133,134,141 of the Indian Contract Act, 1872.
i) The Bank Liability under this Bank Guarantee shall not exceed Rs. ………….. (Rupees ………….);
iii) The Bank shall be liable to pay the guaranteed amount or any part thereof under this Bank Guarantee
only and if you serve upon us a written claim or demand on or before ………………...
In Witness whereof the Bank, through its authorized officer has set its hand and stamp on this ------------
- at [____].
APPENDIX D - Format of Bank Guarantee for Mobilization Advance
Date:
This deed of Bank Guarantee is made on …………………… by ……………. (Bank name) having its branch at
…………………………………. (Hereinafter referred to as the "Bank") in favour of M/s. Phoenix _____________
Limited having its registered office at……………………….. Project at: ……………………………. (Hereinafter referred
to as the "Employer").
WHEREAS
2. The Employer requested the Contractor to provide a bank guarantee for sum of Rs. …………….
(Rupees ………………..only) in accordance with the terms of the agreement towards mobilization
advance.
3. The Contractor agreed to the aforesaid request and approached the Bank for issuing bank guarantee
in favor of the Employer to a tune of Rs…………….. (In words………………….).
4. The Bank has agreed to guarantee a sum of Rs………………. (In words………) on terms contained herein
and issue this Bank Guarantee in favour of the Employer.
NOW THIS DEED WITNESSETH AS FOLLOWS:
1. The Bank was constituted and established under the ……………………. Act, 19XX. At the request of the
Contractor the Bank had agreed to provide a bank guarantee to the Employer and undertakes to pay
the Employer an amount not exceeding Rs. ……………… (Rupees ……………. Only) against
any loss or damage caused to or suffered or would be caused to or suffered by the Employer by the
reason of any breach by the said Contractor(s) of any terms and conditions contained in the
Agreement.
2. The Bank do hereby undertakes to pay the amount due and payable under this guarantee without
any demur merely on a demand from the Employer. Any such demand made on the Bank shall be
conclusive and binding on the Bank and without requesting any further proof, the Bank shall
unconditionally pay the Employer an amount of Rs. ………….. (Rupees ………….only). However, the
liability of the Bank under this guarantee shall be restricted to an amount not exceeding Rs. ………….
(Rupees ……………..)
3. The Bank undertakes to pay the bank guarantee amount immediately on receipt of the notice of
demand from the Employer any money so demanded notwithstanding any dispute or disputes raised
by the Contractor(s) in any suit or proceeding pending before any Court or Tribunal relating thereto.
The liability of the Bank under this Agreement is absolute and unequivocal. The payment so made
by the Bank under this bond shall constitute valid discharge of their liability and the Contractor(s)
shall have no claim against the Bank for making such payment.
4. The Bank further undertakes that the Guarantee herein contained shall remain in full force and effect
till ________. The bank guarantee shall, during this period, continue to be enforceable either till the
performance under the agreement is completed by the Contractor to the satisfaction of the
Employer and a certificate to that extent is issued by the Employer and its claims are satisfied or
discharged. Unless a demand or claim under this guarantee is made to the Bank in writing the Bank
shall not be discharged from its liability under this guarantee.
5. The Bank further undertakes that the Employer shall have the fullest liberty without affecting in
anyway the liability of the Bank under this bank guarantee, from time to time, to vary any terms and
conditions of the said agreement to extend the time of performance of the Contractor. The Bank
shall not be relieved from its liabilities under these presents by exercise of the liberty with reference
to the matter aforesaid by the Employer. This Guarantee will not be discharged due to change in the
constitution of the Bank or the Contractor. Further, this Bank Guarantee shall not be determined,
impaired, prejudiced or otherwise be affected by insolvency or bankruptcy of the Bank or the
Contractor nor by merger or amalgamation of the Bank with any other bank, banking company or
any other entity.
6. This Guarantee is furnished and is deemed to be furnished in Hyderabad and the Courts in Hyderabad
will have civil jurisdiction.
7. The Bank undertakes not to revoke this guarantee during its currency period except with the previous
consent of the Employer in writing.
8. Notwithstanding anything contained hereinbefore the liability of Bank under this bank guarantee is
restricted to Rs. …………… (Rupees ………………). This Bank Guarantee is valid up to …………….unless a
claim or demand in writing is filed against us before the expiry date. Upon expiry of the bank
guarantee all the rights under the said bank guarantee shall be forfeited and the Bank shall be
released and discharged from all liabilities hereunder.
9. A demand for payment under this Guarantee shall be made to the Bank by the Employer in writing
at the following address:
Bank name,
Address:
Fax No:
E mail ID:
The demand for payment shall be deemed to have been sufficiently served upon deposit of the
written demand by the EMPLOYER. Such written demand shall be sent to the Bank by the registered
post prepaid in the post office box addressed as aforesaid or by hand delivery or fax or email and the
Bank shall make the payment of the amount due immediately upon the receipt of notice in writing
from and on behalf of the Employer.
10. The Bank undertakes to pay Rs. ………… (Rupees ……………) by a demand draft /pay order/RTGS/NEFT
Transfer in favour of the Employer.
11. Failure in requiring or obtaining any security or in the observance of performance of any of the terms
of the agreement by the Contractor or delay or default by the Contractor in requiring of enforcing
the observance of performance of any of the terms of the agreement; shall not have the effect of
releasing the Bank from the obligation to pay Rs. ……….. (Rupees……………..) nor shall it prejudice
any of the rights or remedies available to the Employer.
12. The Bank hereby irrevocably and unconditionally waives any and all rights it may now or hereafter
have under any agreement, law or in equity (including rights conferred on sureties by sections
133,134,141 of the Indian Contract Act, 1872.
iv) The Bank Liability under this Bank Guarantee shall not exceed Rs. …………..(Rupees ………….);
vi) The Bank shall be liable to pay the guaranteed amount or any part thereof under this Bank Guarantee
only and if you serve upon us a written claim or demand on or before ………………...
In Witness whereof the Bank, through its authorized officer has set its hand and stamp on this -------------
at [____]
APPENDIX E - Penal charges against non-adherence to Quality standards
INTRODUCTION
The following clauses are being modified and need to be a part of all contractors, with immediate effect.
Irrespective of the work order rewarded to any contractor, all personnel coming inside the gate to the site have
to be mandatorily equipped with the minimum of Personal Protective Equipment.
Penalty of Rs.2500 (per head, per instance of PPE Violation) shall be levied on the contractor, for any his
personnel not following such guidelines. It shall be the responsibility of the contractor to ensure that the staff
and workers, he is bringing on the project, are instructed accordingly.
2. Induction Training
Site Induction Training is mandatory for all Site Personnel and Workforce, coming into the site, for the first time.
A complete orientation on the activities being carried out on the site, hazards prevalent, different contractors,
site lay-out, emergency assembly points, routes to be followed in case of emergency and the general site
administration set-up of the site, have to be explained to the workers.
The induction training should also, highlight the necessity of having a Methodology of Work to be carried by each
contractor, which should be approved by the General Manager (Phoenix -Turner) of the Specific Project. No work
should start without having an approved Work Method Statement.
Any deviation from this subject shall be subjected to a penalty of Rs.15000/ per head, per instance.
Before start of work, each day, all the site personnel should form teams along with their respective work force
(gangs), and explain to them regarding that day’s work. The Job Hazard Analysis should have been drawn-up the
previous day, to ensure that all required tools, tackles, drawings, PPE, equipment, etc., have been arranged. The
hazards involved in the day’s work should be explained to the workforce, in detail and the required precautions /
preventive methods taken to be made clear to them. Records of tool box talks should be made available at the
place of work, along with Job Hazard Analysis, and the Permit to Work.
Deviations from this protocol shall invite penalty of Rs.25000/- per instance.
4. Other Penalties.
The penalties being levied on contractors are being revised and the new table shall be made available as an
annexure.
CONTENTS
1 IS: 1905-1998 Code of practice for structural safety of buildings, masonry walls
6 IS: 3696 (Part I) -1996 Safety code for scaffolds and ladders: Part I Scaffolds
7 IS: 3696 (Part II)-1996 Safety code for scaffolds and ladders: Part II Ladders
11 IS: 4912-1978 Safety requirements for floor and wall openings, railings and toe boards (first
revision)
12 IS: 5121-1969 Safety code for piling and other deep foundations
20 IS: 10204-2001 Mechanical Foam type extinguisher (Foam used shall conform to IS: 4989- 1974
and Co2 cartridge shall conform to IS: 4947-1985)
IS: 10386-1995 Amenities, protective clothing and equipment, construction, storage, handling,
detection and safety measures for gases, chemicals and flammable liquids
22 Part 1,2,6 & 10
2.2 Suitable scaffolds shall be provided for workmen for all works that cannot safely be done from the
ground, or from solid construction except such short duration work as can be done safely from
ladders. Ladder shall be of rigid construction having sufficient strength for the intended loads and
made of metal and all ladders shall be maintained well for safe working condition. Suitable footholds
and handholds shall be provided on the ladder. The ladder shall be given an inclination not steeper
than 1 in 4 (1 horizontal and 4 vertical).
2.3 Scaffolding or staging more than 3.5m above the ground or floor, swung or suspended from an
overhead support or erected with stationary support shall have a standard guard-rail properly
attached, bolted, braced or otherwise secured at least 1m high above the floor or platform of such
scaffolding or staging. The guardrail shall extend along the entire exposed length of the scaffolding
with only such opening as may be necessary for the delivery of materials. Such scaffolding or staging
shall be erected on base plates & so fastened as to prevent it from swaying from the building or
structure. Scaffolding and ladder shall conform to relevant IS specification (IS 3696-1966).
TIMBER/BAMBOO SCAFFOLDING SHALL NOT BE USED.
2.4 Working platforms of scaffolds shall have toe boards at least 15cm in ht. to prevent materials from
falling down.
2.5 A sketch of the scaffolding proposed to be used shall be prepared prior to start of erection of
scaffolding. Authorized Scaffolder shall examine all scaffolds before using & provide inspection tags
along with scaffold register. These records shall be updated regularly and available for verification by
the project managers at any point of time.
2.6 Working platform, gangways and stairways shall be so constructed that they shall not sag unduly or
unequally and if the height of the platform or gangway or stairway is more than 3.5m above ground
level or floor level, they shall be closely boarded, shall have adequate width for easy movement of
persons and materials and shall be suitably guarded.
2.7 Only MS jallies shall be used as working platforms and contractor shall not use any wooden plans for
working platforms .The working platforms shall be rigidly tied at both ends to prevent sliding and
slippage. The width of the jallies shall be adequate to take load of men and materials and shall not
collapse.
2.8 Every opening in the floor of a building or in a working platform shall be provided with suitable
means to prevent fall of persons or materials by providing suitable fencing or railing, the minimum
height of which shall be 1m, along with 15cm high sheet obstruction at floor level along the railing.
2.9 Safe means of access shall be provided to all working platforms and other elevated working places.
Every ladder shall be securely fixed. No single portable ladder shall be over 9m in length. For ladders,
upto 3m in length the width between side rails in the ladders shall in no case be less than 300mm.
For longer ladders, this width shall be increased by at least 20mm for each additional meter of length.
Step spacing shall be uniform and shall not exceed 300mm.
2.10 Adequate precautions shall be taken to prevent danger from electrical lines and equipment. No
scaffolding, ladder, working platform, gangway runs, etc. shall exist within 3 meters of any un-
insulated electric wire. Whenever electric power and lighting cables are required to run through
(pass on) the scaffolding or electrical equipment are used, such scaffolding structures shall have
minimum two earth connections with earth continuity conforming to IS code of practice.
3. DEMOLITION
Before any demolition work is commenced and also during the progress of the work:
a) Contractor shall submit method statement and job safety analysis to the PMC well in advance for
review & approval (prior to start any activity). Contractor shall adhere to the recommendations
given by PMC & client while executing the jobs.
b) All roads and open area adjacent to the work site shall either be closed or suitably protected.
Appropriate safety & warning signs shall be displayed for cautioning approaching persons. Safety
awareness posters shall be displayed relevant to the activity in working areas.
c) Before demolition operations begin, the contractor shall ensure that the power on all electric
service lines is shut off and the lines cut or disconnected at or outside the demolition site. If it is
necessary to maintain electric power during demolition operation, the required service lines shall
be adequately protected against damage. Persons handling heavy materials/equipment shall
wear safety shoes.
d) No floor, roof or other part of the building shall be overloaded with debris or materials as to
render it unsafe.
e) Entries to the demolition area shall be restricted to authorized persons only.
f) Contractor shall ensure close monitoring of safety procedures at all times while
Executing the jobs.
All necessary personal protective equipment shall be procured by the contractor and kept available
for the use of the persons employed on the site and maintained in a condition suitable for
immediate use. All such equipment shall conform to the standard statutory and IS specifications.
Also the contractor shall take adequate steps to ensure proper use of equipment by those
concerned. The personal protective equipment to be provided by the contractor is detailed below.
a) All persons employed at the construction site shall use safety helmets. No worker will be allowed
entry to the site without safety helmets and ID cards.
b) Workers employed on mixing asphaltic materials, cements and lime mortars shall use protective
goggles, protective foot wears and hand gloves.
c) Persons engaged in welding and gas-cutting works shall use suitable aprons, leather gloves and
welding face shields. The persons who assist the welders shall use suitable goggles. Protective
goggles shall be worn while chipping and grinding.
d) Stonebreakers shall use protective goggles, Face Shield, & Nose Mask. They shall be seated at
sufficiently safe intervals of distance.
e) All persons working at height more than 1.5m above ground or floor and exposed to risk of falling
down shall use Full Body Harness, unless otherwise protected by cages, guard railings, etc. In
places where the use of safety harness is impractical, suitable net of adequate strength fastened
to substantial supports shall be employed as a secondary fall protection.
f) Protective nets shall be provided at places where men are working at heights to safe guard
against falling of men and material.
g) When workers are employed in sewers and inside manholes that are in use, the contractor shall
ensure that the manholes are opened and are adequately ventilated at least for an hour. After it
has been well ventilated, the atmosphere inside the space shall be checked for the presence of
any toxic gas or oxygen deficiency and recorded in the register before the workers are allowed to
get into the manholes. The manholes opened shall be cordoned off with suitable railing and
provided with warning signals or caution boards to prevent accidents. There shall be proper
illumination in the night.
h) In case the contractor fails to supply the safety equipment, the Client may purchase the same
and debit the cost of the equipment and incidentals, to the contractor.
5. LIFTING MACHINES AND TACKLES
5.1 Use of lifting machines and tackles including their attachments, anchorage and supports shall
conform to the following standards or conditions:
a. Lifting machines and tackles shall be of good mechanical construction, sound material and
adequate strength and free from any defects and shall be kept in good repair and in good
working order.
b. Every rope used in hoisting or lowering materials or as a means of suspension shall be of good
quality and adequate strength and free from any defect.
a) Every crane operator or lifting appliance operator shall be properly qualified & experienced. No
person under the age of 21 years shall be in charge of any hoisting machine or give signal to
operator of such machine.
c. In case of every lifting machine (and of every chain, ring, hook, shackle, swivel and pulley block
used in hoisting or as means of suspension) the safe working load shall be ascertained and
clearly marked. In case of a lifting machine having a variable safe working load, each safe working
load and the conditions under which it is applicable shall be clearly indicated. No part of any
machine or any gear referred to above in this paragraph shall be loaded beyond the safe working
load except for the purpose of testing. The safety engineer shall approve this.
d. The Plant & Machinery engineer shall note the safe working load. & to be displayed at operator
cabin and loading areas
e. Regarding other machines, the contractor shall notify the safe working load of the machine to
the safety engineer, whenever he brings any machinery to site of work and gets it verified by the
safety engineer along with competent persons.
f. Thorough inspection and load testing of lifting machines and tackles shall be done by a
competent person at least once every 2 months and records of such inspection and testing shall
be maintained. Inspection by competent person for Tools & Tackles like Crane/Equipment’s
/Pressurized vessels to be conducted whenever they enter in to the site or modified at site after
inspection. Inspection Tags shall be provided after inspection.
g. In case of more than 2 or more Tower Cranes operating in the vicinity of each other, where
there is a possibility of fouling / collision of Jibs, an Anti-Collision Device shall be mounted on the
tower cranes. These devices shall ensure sufficient warnings and auto cut-off of the Tower Crane
operations, to avoid collision. At any given point of time, the contractor shall be responsible for
providing the Anti-collision Device on the cranes deployed on the site, as per his plan / schedule,
at his own cost.
5.2 Motors, gearing transmission, couplings, belts, and chain drives and other moving-parts of hoisting
appliances shall be provided with adequate safeguards. Hoisting appliances shall be provided with
such means as will reduce to the minimum the risk of any part of a suspended load becoming
accidentally displaced or lowered. Barricades shall be erected around the place of hoisting the
equipment(s)
6. WELDING AND GAS CUTTING
6.1 Welding and gas cutting operations shall be done by qualified and authorised persons and as per IS
specifications and code of practice.
6.2 Welding and gas cutting shall not be carried out in places where flammable or combustible materials
are kept and where there is danger of explosion due to presence of gaseous mixtures.
6.3 Welding and gas cutting equipment including hoses and cables shall be maintained in good condition.
6.4 Barriers shall be erected to protect other persons from harmful rays from the work. When welding
or gas cutting is done in elevated positions, precautions shall be taken to prevent sparks or hot metal
falling on persons or flammable materials.
6.5 Suitable type of protective clothing consisting of fire resistant gauntlet gloves, leggings, boots and
aprons shall be provided to workers as protection from heat and hot metal splashes. Welding shields
with filter glasses of appropriate shade shall be worn as face protection. Fire extinguisher shall be
available near the location of welding operations. Fire safety permit shall be obtained for working at
vulnerable areas and operating areas before flame cutting/welding is taken up.
6.6 Adequate ventilation shall be provided while welding in confined space or while brazing, cutting or
welding zinc, brass, and bronze, galvanized or lead coated materials.
6.7 Welding and gas cutting shall not be done on drums, barrels, tanks or other containers unless they
have been emptied, cleaned thoroughly and it is made certain that no flammable material is present.
6.8 Fire extinguisher shall be available near the location of welding operations. Fire safety permit shall
be obtained for working at vulnerable areas and operating areas before flame cutting/welding is
taken up.
6.9 For electric (Arc) welding the following additional safety precautions shall be taken:
a) When electrical welding is undertaken near pipelines carrying flammables, such pipelines shall
not be used as part of earth conductor, but a separate earth conductor shall be connected to
the machine directly from the job.
b) Personnel contact with the electrode or other live parts of electric welding equipment shall be
avoided.
c) Extreme caution shall be exercised to prevent accidental contact of electrodes with ground.
d) The welding cable shall not be allowed to get entangled with power cables. It shall be ensured
that movement of materials does not damage the cables.
6.10 For Gas Cutting the following additional safety precautions shall be taken:
e) Four number of Flashback arrestors should be present as two numbers at Cylinder end and two
numbers at Torch end in the gas cutting system
f) The sign of flashback will be a loud crack, followed by a puff of carbon from the welding tip
when relighting.
g) The consequence of not arresting a flashback can range from bursting of hose to a bombing
explosion of cylinder.
h) The least damage a flashback can do is to deposit carbon in torch valves which can affect their
operation and can lead to more serious flashbacks.
i) Never join acetylene hoses with copper tube or copper wire since they may produce an
explosive mixture.
j) Never set the acetylene cylinder outlet gauge pressure more than 100kPa
k) Acetylene smells like onion or garlic, which helps in detecting leak.
7. GRINDING
7.1 All portable grinders shall be used only with their wheel guards in position to reduce the danger
from flying fragments should the wheel break during the use. Guard in the wheel shall never be
removed during work.
7.2 Grinding wheels of specified diameter only shall be used on a grinder – portable or pedestal
- in order not to exceed the prescribed peripheral speed.
7.3 Goggles face shield, Nose Mask, Gloves & protective clothing like Apron shall be used during grinding
operation.
8. PAINTING
8.1 The contractor shall not employ women on the work of painting with products containing lead in any
form. Only men above the age of 18 years shall be employed on the work with lead paint. The
following precautions shall be taken during the work:
a) Supply air respirators for use by the workers when paint is applied in the form of spray, or a
surface having lead paint is scraped.
b) The workmen shall use overalls and adequate facilities shall be provided to enable the painters
to wash at the cessation of work.
c) All painting jobs, especially those in which lead paints are used shall be kept under industrial
hygiene surveillance.
8.2 Smoking, open flames or sources of ignition shall not be allowed in places where paints and other
flammable substances are stored, mixed or used. A caution board, with the instructions
written in national/regional language, “SMOKING - STRICTLY PROHIBITED” shall be displayed in
the vicinity where painting is in progress or where paints are stored. Symbols shall also be used for
caution boards. Suitable fire extinguishers/sand buckets shall be kept available at places where
flammable paints are stored, handled or used.
When painting work is done in a closed room or in a confined space, adequate ventilation shall be
provided. If adequate ventilation cannot be provided, workers shall wear suitable respirators.
8.3 Epoxy resins and their formulations used for painting shall not be allowed to come in contact with the
skin. The workers shall use plastic gloves or suitable barrier creams.
Adequate ventilation shall be provided especially when working with hot resin mixes.
Increased personal hygiene shall be practiced to control inadvertent contact with the resin and
eliminate its effects.
Workers shall thoroughly wash hands and feet before leaving the work. Work clothes shall be
changed and laundered frequently.
8.4 Material Safety Data Sheet (MSDS) for all the Paint materials/chemicals shall be kept ready at site.
9. HOUSE KEEPING
9.1 The contractor shall at all-time keep his work site, site office and surroundings clean and tidy from
rubbish, scrap, surplus materials and unwanted tools and equipment.
9.2 Welding and other electrical cables shall be so routed as to allow safe traffic by all concerned.
9.3 No materials on any of the sites of work shall be so stacked or placed as to cause danger or
inconvenience to any person or the public.
At the completion of the work, the contractor shall ensure removal from the work premises all
scaffoldings, surplus materials, rubbish and all huts and sanitary arrangements used/installed for
workmen on the site. Any rubbish materials shall not be burnt at site.
10. FIRE SAFETY
All necessary precautions shall be taken to prevent outbreak of fires at the construction site. Adequate
provisions shall be made to extinguish fires, should they still break out.
a) Quantities of combustible materials like timber, bamboo, coal, paints, etc. shall be the
minimum required in order to avoid unnecessary accumulation of combustibles at site.
b) Containers of paints, thinners and allied materials shall be stored in a separate room, which
shall be well ventilated, and free from excessive heat, sparks, flame or direct rays of the sun.
The containers of paint shall be kept covered and properly fitted with lid and shall not be kept
open except while using.
c) Fire extinguishers shall be located at the construction site at appropriate places.
d) Adequate number of workmen shall be given education and training in firefighting and
extinguishing methods
11.1 The contractor shall arrange for medical aid and treatment for his staff and workers engaged on the
work site including the first-aid facilities if they are not available at the projectsite.
11.2 First-aid appliance including sterilized dressing, cotton wool and antiseptic cream shall be made
available at readily accessible places at every work site. These shall be maintained in good order
under the charge of a responsible person.
Each first aid box shall contain the following medical stores and equipment as per The Building &
Contractors, Act1996 (the numbers and list given are indicative only, and any and all such
material/store not listed below, but required as per the laid down statutory norms and Acts, shall
be provided too)in an adequate quantity to the number of workers deployed:-
A sufficient number of eye wash bottles filled with distilled water or suitable liquid clearly
indicated by a distinctive sign which shall be visible at all times.
4% xylocaine eye drops, and boric acid eye drops and soda bicarbonate eye drops.
24 – Small sterilized dressings.
12 – Medium size sterilized dressings.
12 – Large size sterilized dressings.
12 – Large size sterilized burn dressings.
12 – (Fifteen cms) packets of sterilized cotton wool.
(200 ml) bottle of centroid solution (1%) or suitable antiseptic solution.
One (200 ml) bottle of Mercurochrome solution (2%) solution in water.
One (120 ml) bottle of salvolatile having the doses and mode of administration indicated on
the label.
One pair of Scissors.
One roll of adhesive plasters (6 cm x 1metre).
Two rolls of adhesive plaster (2 cm x1 meter).
12 pieces of sterilized eye pads in separate sealed packets.
A bottle containing 100 tablets (each of 325 mg) of aspirin or any other analgesic.
12 – roller bandages 10 cms wide.
12 – Roller bandages of 5 cms wide.
One tourniquet.
A supply of suitable splints.
3 packets of safety pins.
Kidney tray.
A snake bite lancet.
One (30 ml) bottle containing potassium permanganate crystals.
Copy of First-aid leaflet issued by Director General.
6 – Triangular bandages.
2 pairs of suitable, sterilized, latex hand gloves.
11.3 At large work places where hospital facilities are not available within easy reach of the work, first-aid
posts shall be established. Ambulance availability shall be identified during the entire period of work
for attending to injury cases.
The contractor shall have a Safety Officer along with a team safety engineers in order to specifically
look into the implementation of various safety requirements of the site work as per BOCW Act-1996.
The person thus designated will in general co-ordinate on matters of safety and in particular ensure
that the Site Safety Plan is complied with. His name shall be displayed on the Notice Board at a
prominent place at the work site.
13.1 All accident leading to property damage and/or personnel injuries shall be reported to the
concerned authorities’ viz. Insurance Co. Police, Head Office, Regional Office, etc.
13.2 The contractor shall also submit a monthly statement of accidents to the Project Managers
/ Architects by every month showing details of accident, nature of injury including disability, days lost,
treatment provided, etc., and the extent of property damage.
16.3 The statutory safety records required to be maintained by the contractor at the site are
d) Accident Register
e) Dangerous Hazards Register
f) First Aid Register
g) Register for the inspection notes by government officers.
h) Copies of all accident reports and hazard reports filed to the prescribed authorities.
16. GUIDELINES AND GENERAL PROCEDURES FOR SUPPLY AND USE OF ELECTRICITY AT SITE
1. GENERAL
Following safety requirements shall be complied with before the contractor uses the power supply.
1.1 The contractor shall submit a list of licensed electrical staff to be posted at Site.
1.2 It shall be the responsibility of the contractor to provide and maintain complete installation on the
load side of the supply point with regard to the safety requirements at Site. All cabling and installation
shall comply with the appropriate latest statutory requirements given below and shall be subject to
approval of the Engineer-in-Charge:
The power supply shall be regulated as per the terms and conditions of the supply of the respective electricity
boards.
1.3 Where distribution boards are located at different places the contractor shall submit schematic
drawing indicating all details like size of wires, overhead and Cable feeders, earthing etc. The
position and location of all equipment and switches shall be given.
1.4 The contractor shall make his own arrangement for main earth electrode and tapings thereof. The
existing earth points available at site can be used at the discretion of Client with prior permission.
Method of earthing, installation and earth testing results shall conform to relevant I.S. Specifications
(IS-3043).
1.5 All three phases’ equipment shall be provided with double earthing. All light fixtures and portable
equipment shall be effectively earthed to main earthing.
1.6 All earth terminals shall be visible. No gas pipes and water pipes shall be used for earth connection.
Neutral conductor shall not be treated as earth wire.
1.7 The contractor shall not connect any additional load without prior permission of Client.
1.8 Joints in earthing conductors shall be avoided. Loop earthing of equipment shall not be allowed.
However, tapings from an earth bus may be done.
1.9 The entire installation shall be subjected to the following tests before enerisation of installation
including portable equipment: -
a) Insulation resistance test.
b) Polarity test of switches.
c) Earth continuity test.
d) Earth electrode resistance.
The test procedures and their results shall conform to relevant standards.
2.1 INSTALLATION
a) Only persons having valid wireman’s license/competency certificate shall be employed for
carrying out electrical work and repair of electrical equipment, installation and maintenance at
site. A qualified licensed Supervisor shall supervise the job.
b) Electrical equipment and installations shall be installed and maintained as to prevent danger
from contact with live conductors and to prevent fires originating from electrical
Causes like short circuits, overheating etc. Installation shall not cause any hindrance to
movement of men and materials.
c) Materials for all electrical equipment shall be selected with regard to working voltage, load and
working environment. Such equipment shall conform to the relevant standards.
d) The minimum clearance to be maintained for all overhead lines along roads and across roads
shall be as per the statutory requirements.
e) Grounding conductor of wiring system shall be of copper or other corrosion-resistant material.
An extra grounding connection shall be made in appliances/equipment where chances of electric
shock are high.
f) Electric fuses and/or circuit breakers installed in equipment circuits for short circuit protection
shall be of proper rating. It is also recommended that high rupturing capacity (HRC) fuses are
used in all circuits. Earth Leakage Circuit Breaker (ELCB) /Residual Current Circuit Breaker (RCCB)
of 30 mA sensitivity shall be provided in the circuits.
g) Wherever cables or wires are laid on poles, a guard wire of adequate size shall be run along the
cables/wires and earthen effectively. Metallic poles as a general rule, shall be avoided and if
used shall be earthen individually. Anti-climbing guards and danger notices shall be provided on
poles. Each equipment shall be an individual isolating switch.
h) Wires and cables shall be properly supported and an approved method of fixing shall be adopted.
Loose hanging of wires and cables shall be avoided. Lighting and power circuits shall be kept
distinct and separate.
i) Reinforcement rods or any metallic part of structure shall not be used for supporting wires and
cables, fixtures, equipment, earthing etc.
j) All cables and wires shall be adequately protected mechanically against damages. In case the
cable is required to be laid underground, it shall be adequately protected by covering the same
with bricks, Plain Cement Concrete (PCC) tile or any other approved means and Cable Marker
shall be displayed as per local standards.
k) Using suitable cable glands shall properly terminate all armored cables. Using cable lugs/sockets
shall connect multi-stranded conductor cables. Cable lugs shall preferably be crimped. They shall
be of proper size and shall correspond to the current rating and size of the cable. Twisted
connections will not be allowed.
l) All cable glands, armoring and sheathing of electric cable, metal circuits and their fittings, metallic
fittings and other non-current carrying parts of electrical equipment and apparatus shall be
effectively grounded.
m) All the Distribution Boards, Switch Fuse Units, Bus bar chambers, ducts, cubicles etc. shall have MS
enclosures and shall be dust, vermin and waterproof. The Distribution Boards, switches etc. shall
be so fixed that they shall be easily accessible. Changes shall be done only after the approval of
the Engineer-in-Charge.
n) The contractor shall provide proper weather proof metal enclosures enclosures/covers for
protection of the entire switchboard, equipment etc. against rain. Exposed live parts of all
electrical circuits and equipment shall be enclosed permanently. Crane trolley
Wires and other conductor which cannot be completely insulated shall be placed such that they
are inaccessible under normal working conditions.
o) Iron clad industrial type plug - and sockets with Cap are preferred for additionalsafety.
p) Power cable Joints shall be avoided; Unavoidable Joints shall be connected through Cable
connector.
q) Isolating switches shall be provided close to equipment for easy disconnection of electrical
equipment or conductors from the source of supply when repair or maintenance work has to be
done on them.
r) In front of distribution boards a clear space of 90 cm shall be maintained in order to have easy
access during an emergency.
s) Adequate working space shall be provided around electrical equipment, which requires
adjustment or examination during operation.
t) As far as possible electrical switches shall be excluded from a place where there is danger of
explosion. All electrical equipment such as motors, switches and lighting fittings installed in
workroom where there is possibility of explosion hazard shall be explosion proof.
u) All connections to lighting fixtures, starters or other power supplies shall be provided with PVC
insulate, PVC sheathed twin/three/four core wires to have better mechanical protection for
preventing possible damage to equipment or injury to personnel. Taped joints shall not be
allowed and the connections may be made in loopingsystem. Electric starter of motors, Switches
shall not be mounted on wooden boards. Only sheet steel mounting or iron framework shall be
used.
v) All the lighting fixtures and lap holders shall be of good quality and in good condition. Badly
repaired or broken holders, etc. shall not be used.
w) Only PVC insulated and PVC sheathed wires or armored PVC insulated and sheathed cables shall
be used for external power supply connections of temporary nature. Weatherproof rubber wires
shall not be used for any temporary power supply connections. Taped joints in the wires shall
not be used.
x) The bulbs/lamps used for illumination and testing purpose shall have cover or guard to protect
them from accidental breakage. Only 24 V supply system shall be used for hand lamps etc. while
working inside metallic tanks or conducting vessels.
a) All persons, who work with electrical installation/equipment, shall be aware of the electrical
hazards, use to protective devices and safe operational procedures. They shall be given training
in firefighting, first aid and artificial resuscitation techniques.
b) The contractor shall instruct the workers in the proper procedure, specify and enforce the use of
necessary protective equipment such as adequately insulated pliers, screw drivers, fuse pulleys,
testing lamps and similar hand tools. Only wooden ladders shall be used to reach the heights in
electrical work.
No material or earthwork shall be allowed to be dumped below or in the vicinity of the bare overhead line
conductors.
Violations:
First time - Oral warning
Second time - Written warning
Third time - Monetary fine
Fourth time - Removal from site
Immediate removal from site by all violations wherein the offender brings himself or others in direct
life threatening situations are where he/she creates a large material loss.
The contractor who regularly, repetitively violates the provisions will be removed from the site.
Schedule of Monetary Fines/Charges to Contractors who are in breach of the employer’s Site Safety, Site
Safety Cycle and Environmental Rules and Regulations
Amount of Safety or Environmental Charge to be levied against the Contractor for each breach of the
employer’s Rules & Regulations (Indian Rs)
3. Failure to wear personal protective equipment (P.P.E.) e.g. Safety Rs.2500.00 per worker when
helmets, Reflective jacket, Nose mask, Hand gloves safety boots, lack of enforcement of the
goggles etc. respirator, ear plugs, full body harness, etc. Where any usage of P.P.E. by the
site operation requires the use of PPE then all workmen must use the Contractor is observed by the
required PPE e.g. grinding, welding, burning, unloading hazardous employer.
materials
OR
etc.
Rs.2500.00 where issuance of
the required P.P.E. by the
Contractor equipment is not
carried out.
4. Failure to attend general safety induction course conducted by the Rs.15000.00 per worker for
employer/Contractor. not attending the course; and
Workers to attend course
within 2 working days or be
dismissed.
6. Failure to submit, within the specified time to the employer, safety Rs 5,000.00
supervisor reports which shall include other relevant statutory reports
made under Phoenix-Turner HSE Guidelines. 100, tool box briefing
records, weekly labor return, issuance of personal protective
equipment records, safety data sheets of toxic and harmful materials
and Others related certificates.
10. Failure to maintain work area, facility storage and preparation yard, 1) Rs 5,000.00; And
office premises and workers changing and rest area in a clean and
2) In addition the Contractor
orderly state and free
shall clean up the disorderly
From health and fire hazards. and untidy areas within 3
days.
12. Use of equipment that has not been examined by an approved person Rs 5000.00
(Third party) as required under the Factories and Industries
Undertaking Ordinance and its Related regulations.
14. Executing unsafe hoisting of materials and Include unsafe use of lifting Rs 10000.00
appliances.
15. Erecting and/or using unsafe or unstable, Scaffolds, working platforms Rs 10000.00
and temporary structures.
16. Failure to provide and use proper working platforms and safe means 1) Rs.10000.00; and
of access to the work place, where work is required to be carried
2) The worker to be
beyond a person’s normal reach.
immediately banned from the
site if an individual receives 2
violations.
2) Workers to be immediately
banned from the site.
22. Stacking or leaving materials including work in progress articles and Rs 5000.00
tools in unstable condition and or along floor edges such they are
likely to endanger workers.
23. Failure to effectively cordon off guard and warn other workers from Rs 7500.00
entering into the danger areas when they are likely to be affected by
falling materials from the Contract Work.
24. Violating the permit to work system for example, but not limited to:- 1) Rs 15000.00; and
Lock out procedures Failure Enter into Confined space entry without
2) Workers to be immediately
permits c) Other hazardous work done without safety compliances
banned from the site.
e.g. hot work
28. Unauthorized use of fire equipment Provided for emergency purposes. Rs 5000.00
29. Failure to comply with an order issued by the employer’s Construction Up to Rs 5000.00
manager, site agent, site safety supervisor safety officer and
environmental officers in regard to Safety/environmental matters.
30. Threatening safety/personnel misbehavior, fighting or intentional Rs 25,000.00 & to be
causing hurt to others. blacklisted and Worker to be
banned from the site and a
report will be made to the
police.
32. Failure to wear full body safety harness and anchor to a secure Rs 5000.00 and worker to be
structure/lifeline, whilst working on a height/gondola. banned from site
immediately.
33. Tampering with the safety features of Lifts/Machineries /gondola / Rs 5000.00 and worker to be
winches /scaffolding/Cranes/other equipment banned from site
immediately.
34. Access and egress to gondola other than at a designated landing. Rs 2,500.00 and worker to be
banned from site
immediately.
35. Failure to provide valid certificates for lifting appliances and Rs 10,000.00
accessories including any lifting appliances / accessories on vehicles
delivering goods to the site, or for plant being used on site.
38. Failure to attend the Morning Site Assembly Meetings. Rs 2500.00 per head
39. Failure to tidy up the contract works after each day work Rs 5,000.00
40. Failure to attend the Site Safety Walk/safety meetings of employers Rs 5000.00
41. Failure to provide Site Safety Supervisor/Representative as per the Rs 5,000.00 per day.
requirement of the latest ordinance.
OCTOBER- 2020
PHOENIX EQUINOX, HYDERABAD
TENDER FOR FIRE PROOF COATING PAINTING WORKS
APPENDIX - G
RESPONSIBILITY MATRIX
FIRE COAT PAINTING PACKAGE Proposed Division of Responsibility
General
Nominated Sub General Employer /
Contractor -
Item No. Description of Scope Contractor / Contractor - Design Remarks
Back charge to
Contractor Attendance Consultant
NSC
1 Design / GFC drawings P
Submission of Detail Engineering Drawings - NSC (shop / As-built Drawing)
Approval of shop and As built drawings - Design consultant.
2 P P P
Co-ordination with all the contractor and consultant for approval of drawings - General
Contractor
Electricity / water required for the works at Site at one point (NSC should include the
3 cost of electricity and water as part of their pricing. GC will pay and back charge to P
NSC based on actual usage)
Distribution of power and water to common point with metering. ( Further distribution
4 P P
from the common point to be taken care by the NSCs)
5 Access to the working space - non mechanical P
6 Hoist for vertical labour movement with sharing of time slot by all vendors P
7 Hoist for material movement with sharing of time slot by all vendors P
Cranes required for unloading, shifting and placing of equipments. (However, if tower
8 P
crane is freely available, the same may be used on a nominal cost)
9 Structural Steel Work (Part of the SS & DS package vendor) P
Provide first aid and toilet facilities for all Contractor, Nominated Sub Contractors staff
10 P
and labors
Space for Site office and material storage yard / space - Provide clean, level and firm
11 P
hard standing for the working and storage areas adequate for the safe operation.
Provide and Maintain adequate common access and exit routes into and around the
13 P
site for the safe delivery of plant and materials on vehicles.
Provide the working area free of obstructions, open trenches or other excavations
14 and clear of other trades, labour, plant and materials at the time of handover of P
working area.
15 Maintain the working area free from stagnant water. P
16 Provide general site lighting to allow safe movement of personnel and equipment. P
Safety edge protection of slabs, Staircases, Lift Shafts, Service Openings in Form of
17 P
Handrails, Wires / Bunting.
18 Site Security on site, truck park P
23 Removal of debris on periodic basis and stock at location, specified by GC within site P
24 Disposal of all debris away from the site as specified by the Employer P
Labour colony including power, water and accommodation. If the land is provided by
39 P
the employer, suitable discount should be offered in the final price
BANK GUARANTEE
Date:
This deed of Bank Guarantee is made on …………………… by ……………. (Bank name) having its branch
at …………………………………. (hereinafter referred to as the "Bank") in favour of M/s. Phoenix
_____________ Limited having its registered office at……………………….. Project at:
……………………………. (hereinafter referred to as the "Employer").
WHEREAS
2. The Employer requested the Contractor to provide a bank guarantee for sum of Rs. …………….
(Rupees ………………..only) in accordance with the terms of the agreement towards payment of
retention money.
3. The Contractor agreed to the aforesaid request and approached the Bank for issuing bank guarantee
in favor of the Employer to a tune of Rs…………….. (In words………………….).
4. The Bank has agreed to guarantee a sum of Rs………………. (In words………) on terms contained
herein and issue this Bank Guarantee in favour of the Employer.
NOW THIS DEED WITNESSETH AS FOLLOWS:
1. The Bank was constituted and established under the ……………………. Act, 19XX . At the request
of the Contractor the Bank had agreed to provide a bank guarantee to the Employer and undertakes
to pay the Employer an amount not exceeding Rs. ……………… (Rupees …………….
Only) against any loss or damage caused to or suffered or would be caused to or suffered by the
Employer by the reason of any breach by the said Contractor(s) of any terms and conditions contained
in the Agreement.
2. The Bank do hereby undertakes to pay the amount due and payable under this guarantee without any
demur merely on a demand from the Employer. Any such demand made on the Bank shall be
conclusive and binding on the Bank and without requesting any further proof, the Bank shall
unconditionally pay the Employer an amount of Rs. ………….. (Rupees ………….only). However, the
liability of the Bank under this guarantee shall be restricted to an amount not exceeding Rs. ………….
(Rupees ……………..)
3. The Bank undertakes to pay the bank guarantee amount immediately on receipt of the notice of
demand from the Employer any money so demanded notwithstanding any dispute or disputes raised
by the Contractor(s) in any suit or proceeding pending before any Court or Tribunal relating thereto.
The liability of the Bank under this Agreement is absolute and unequivocal. The payment so made by
the Bank under this bond shall constitute valid discharge of their liability and the Contractor(s) shall
have no claim against the Bank for making such payment.
4. The Bank further undertakes that the Guarantee herein contained shall remain in full force and effect
till ________. The bank guarantee shall, during this period, continue to be enforceable either till the
performance under the agreement is completed by the Contractor to the satisfaction of the Employer
and a certificate to that extent is issued by the Employer and its claims are satisfied or discharged.
Unless a demand or claim under this guarantee is made to the Bank in writing the Bank shall not be
discharged from its liability under this guarantee.
5. The Bank further undertakes that the Employer shall have the fullest liberty without affecting in anyway
the liability of the Bank under this bank guarantee, from time to time, to vary any terms and conditions
of the said agreement to extend the time of performance of the Contractor. The Bank shall not be
relieved from its liabilities under these presents by exercise of the liberty with reference to the matter
aforesaid by the Employer. This Guarantee will not be discharged due to change in the constitution of
the Bank or the Contractor. Further, this Bank Guarantee shall not be determined, impaired,
prejudiced or otherwise be affected by insolvency or bankruptcy of the Bank or the Contractor nor by
merger or amalgamation of the Bank with any other bank, banking company or any other entity.
6. This Guarantee is furnished and is deemed to be furnished in Hyderabad and the Courts in Hyderabad
will have civil jurisdiction.
7. The Bank undertakes not to revoke this guarantee during its currency period except with the previous
consent of the Employer in writing.
8. Notwithstanding anything contained hereinbefore the liability of Bank under this bank guarantee is
restricted to Rs. …………… (Rupees ………………). This Bank Guarantee is valid upto
…………….unless a claim or demand in writing is filed against us before the expiry date. Upon
expiry of the bank guarantee all the rights under the said bank guarantee shall be forfeited and the
Bank shall be released and discharged from all liabilities hereunder.
9. A demand for payment under this Guarantee shall be made to the Bank by the Employer in writing at
the following address:
Bank name,
Address:
Fax No:
E mail ID:
The demand for payment shall be deemed to have been sufficiently served upon deposit of the written
demand by the EMPLOYER. Such written demand shall be sent to the Bank by the registered post
prepaid in the post office box addressed as aforesaid or by hand delivery or fax or email and the Bank
shall make the payment of the amount due immediately upon the receipt of notice in writing from and
on behalf of the Employer.
10. The Bank undertakes to pay Rs. ………… (Rupees ……………) by a demand draft
/payorder/RTGS/NEFT Transfer in favour of the Employer.
11. Failure in requiring or obtaining any security or in the observance of performance of any of the terms
of the agreement by the Contractor or delay or default by the Contractor in requiring of enforcing the
observance of performance of any of the terms of the agreement; shall not have the effect of releasing
the Bank from the obligation to pay Rs. ……….. (Rupees……………..) nor shall it prejudice any of
the rights or remedies available to the Employer.
12. The Bank hereby irrevocably and unconditionally waives any and all rights it may now or hereafter
have under any agreement, law or in equity (including rights conferred on sureties by sections
133,134,141 of the Indian Contract Act, 1872.
Notwithstanding anything contained herein:
vii) The Bank Liability under this Bank Guarantee shall not exceed Rs. …………..(Rupees ………….);
ix) The Bank shall be liable to pay the guaranteed amount or any part thereof under this Bank Guarantee
only and if you serve upon us a written claim or demand on or before ………………...
In Witness whereof the Bank, through its authorised officer has set its hand and stamp on this -------------
at [____].
APPENDIX I - SITE INSPECTION DECLARATION
The Tenderer shall inspect the site prior to the submission of the tender to satisfy himself with the site
conditions and sign this declaration as an evidence of such site visit.
Date of visit
NAME OF WORKER……………………….
NAME OF COMPANY……………………...
LOCATION…………………………………..
TYPE OF VIOLATION………………………
NOTE:
THIRD TIME…………………………………TERMINATION
COMMENTS
ENGINEER
OCTOBER 2020
SCHEDULE – 4
TECHNICAL SPECIFICATION
ARCHITECT :
Chapman Taylor
GLOBAL ARCHITECTS & MASTER PLANNERS
Chapman Taylor India LLP
A 1/54 Lower Ground Floor Safdarjung Enclave
New Delhi - 110029
Pune – 411004
1.0 SCOPE
This specification covers materials and methods of application for fireproofing of steel
structures and equipment supports.
4.0 GENERAL
4.1 Purpose
Fire proofing is aimed at providing resistance to all the load bearing steel structures
and equipment supports that would collapse under fire conditions and contribute to the
intensity of the fire.
This fire resistance would allow the people to be evacuated and fire to be suppressed.
Therefore, the supports of all potential fire sources shall be fireproofed.
The support of non-potential fire hazards shall also be fireproofed, if their collapse is
likely to endanger other hazardous equipments.
4.2 Fire Resistance Rating
6.2 Pipes and equipment in the vicinity shall be covered by tarpaulins to prevent them
from spatter. Rebound and spatter which may enter open ends of pipe lines in the
vicinity shall be protected by wood plugs or other suitable shields.
9.2. APPLICATION
The full specified thickness shall be developed in three successive coats. Initial Coat :
Thickness between 8 mm to 12 mm.
Intermediate Coat : Thickness between 18 mm to 22 mm to give total thickness of 30
mm upto Intermediate coat.
Final Coat : Not less than 8 mm thick.
Each successive layer shall only be applied after the previous layer has developed its
initial set and is also properly scratched with steel brush to roughen the surface to
develop proper bond. If the application is interrupted and does not satisfy successive
layers criteria, the coating shall be cut back to the steel surface proceeding layer with
a trowel at an inclined angle. Exposed surface of this coating shall be thoroughly
wetted before resuming the work.
Application of mixed vermiculite shall not be carried out if the air temperature is 4o C or
less. Provision shall be made for adequate ventilation during and after application, until
the coating is dry. 2 coats of micro-porous exterior top coat, compatible to cement
surfaces, of approved make & colour conforming to IS specifications, should be
applied, over the fire proof coating.
Sealing with minimum 10 mm thick bitumen mastic flashing, shall be carried out at all
exposed joints between fire proofing material coating & steel.
1.01 SUMMARY
A. Section Includes: Intumescent coating capable of providing a fire resistant barrier
on a variety of substrates.
1.02 REFERENCES
A. American Society for Testing and Materials (ASTM):
1. ASTM E84 Standard Test Method for Surface Burning Characteristics of Building
Materials.
2. ASTM E119 Standard Test Methods for Fire Tests of Building Construction and
Materials.
3. ASTM E736 Standard Test Method for Cohesion/Adhesion of Sprayed Fire-
Resistive
Materials Applied to Structural Members.
1.04 SUBMITTALS
A. General: Submit listed submittals in accordance with Conditions of the Contract and
Division
1 Submittal Procedures Section.
B. Product Data: Submit manufacturer’s product data and application instructions.
C. Samples: Submit selection and verification samples for finishes, colors and
textures. D. Quality Assurance/Control Submittals: Submit the following:
1. Test Reports:
a. Submit test reports showing compliance with specific performance characteristics
and physical properties.
1.08 WARRANTY
A. Project Warranty: Refer to Conditions of the Contract for project warranty
provisions.
B. Manufacturer’s Warranty: Submit, for Owner’s acceptance, manufacturer’s standard
warranty document executed by authorized company official. Manufacturer’s warranty
is in addition to, and not a limitation of, other rights Owner may have under contract
documents.
PART 2 PRODUCTS
2.01 INTUMESCENT PAINT
A. Manufacturer: Subject to approval of client/consultant.
B. Proprietary Products/Systems: Intumescent paint, including the following:
a. Material: Water based latex. b. Solids: 68%.
c. Color: As per requirement. d. Sheen: Flat.
e. Volatile Organic Compounds (VOCs): 33 grams/liter.
PART 3 EXECUTIONS
3.01 MANUFACTURER’S INSTRUCTIONS
A. Comply with the instructions and recommendations of the intumescent paint
manufacturer. B. Work includes complete preparation and finishing of all surfaces
described in articles below.
3.02 EXAMINATION
A. Site Verification of Conditions:
1. Inspect all surfaces scheduled to receive intumescent paint to ensure
compliance with
manufacturer’s requirements for a successful application.
2. Do not proceed with application until unsatisfactory substrate conditions have been
corrected.
B. Surface Preparation:
1. All surfaces to be coated must be clean, cured, firm, dry and free of dust, dirt, oil,
wax, grease, mildew, loose flaking paint or other foreign matter that would impair bond
of the intumescent coating.
Stripe Coat- Self priming Epoxy Primer - Self ONE Airless spray 1 X 125 =
Priming Epoxy Aluminum Stripe Coat- MIO 2 125
Pack
Epoxy
Inter - High Build 2 pack epoxy Or, HB MIO ONE Airless spray 1 X 100 =
Epoxy 100
NOTE:
1. After application, every coat of paint should be of average minimum DFT as
indicated in the above
mentioned respective painting systems.
2. Stripe Coat: Stripe coat should be applied using half to one inch brush to only weld
joints, nut bolts
etc. and confined areas before application of full coat. This is to provide additional
protection to these areas, as these are usually the starting points of corrosion.
1. Aliphatic
Acrylic Modified (Isocynate) Cured Two Pack Polyurethane Finish It Should be Re-
Coatable after Completion of guarantee period subject to sound condition of total
system. Brand Name
DFT (Microns) / Coat = 20
Service Temp (Deg C) = 0-250 deg C Volume solids = 38 %
Temperature Curing Required = None
4. Cement Paint
Brand Name
DFT (Microns) / Coat = 150
Continuous Service Temp (Deg C) = 0-120
It should be two pack Epoxy with
1st Pack consisting Epoxy Resin & Suitable Pigments
& 2nd Pack consisting Polyamide curing agent
% of Epoxy Resin by weight in mixed resin coal tar Blend shall be between 35- 45%
SCHEDULE -5
DRAWING LIST
SCHEDULE – 6
BILL OF QUANTITIES
INTRODUCTION
The site is located at Survey no. 118(P), 120(P), 122(P) & 138(P), Nanakramguda Village, Serilingampally
Mandal, Ranga Reddy District, Telangana – 500 032
The project scope is carrying out the Fire proof coating painting works, for Phoenix Business Hub Tower-1,
Hyderabad
BILL OF QUANTITIES
Notwithstanding the provisions in the Standard Method of Measurement, the following preambles shall apply
to the whole of the Works.
All items in the Bills of Quantities should be read in conjunction with the Employer requirement,
Specifications, Drawings, preambles and other Tender Documents. The prices inserted in the Bills of
Quantities shall be deemed to account for complying the Employer requirement, Specifications, Drawings,
Preambles and other Documents that are part of the Tender.
If the Tenderer notes any item shown in the drawings / specifications that in his opinion is not covered in the
Bill of Quantities, he should immediately seek clarification from the Project Manager. If required, the Project
Manager will issue an addendum in consultation with the QS / Cost Consultant.
Before a tender is accepted, the selected Tenderer shall carefully check the priced Bills of Quantities and
accept full responsibility for any undetected errors in the rates, etc., inserted.
METHOD OF MEASUREMENT
The Bills of Quantities have been measured generally in accordance with the Handbook of Method of
Measurement of Building Works, First Revision, the relevant parts of IS 1200 and as amended. Where a
different method of measurement has been adopted, such method is usually described with or preceding the
item or items concerned and shall either supersede or amplify the requirements of the Standard Method of
Measurement.
The preambles related to each trade / work section is described in the respective bills.
The Tenderer should note that full details shown on the Drawings and full descriptions contained in the
Specification have not been fully repeated in these schedule and therefore tenderer should refer to the
Tender Documents (Specifications, Data sheet, Drawings, other documents, etc) for understanding the full
particulars and descriptions of workmanship and materials and include for the full intent and meaning thereof
in the prices of the items herein.
Unless otherwise stated herein the items in the BOQ shall generally be deemed to include:
a) Materials and goods including materials required for completion and handing over of works and all
costs in connection therewith such as conveyance, delivery, unloading, storing, returning packing’s,
handling, hoisting and lowering;
b) Wastages
c) Labour and all costs in connection therewith including the labour in drilling, setting, fitting and fixing
of materials and goods in position;
j) Complying with the programme such as staging and/or phasing, access limitations and maintenance
of existing services as set out in the Tender Documents;
k) Strict control to minimize the effects of noise, dust, mud, smoke, fumes, interruption or hindrance of
access and other nuisance which could adversely affect the occupants of adjacent buildings;
m) Reinstating or making good all existing surfaces upon completion of the works;
o) Providing all samples of materials and carrying out tests as required by the Specification.
q) Inspecting site conditions before the start of work on site, and before delivery of materials to ensure
conditions are satisfactory for installation.
s) Any costs incurred through employing a construction sequence different to that described above.
v) Arrange inspections.
y) Replacing damaged works and leaving the work clean, free from defects and in good condition.
DISCLAIMER
These Schedules have been issued in either *.PDF format or in hard copy. In the event of any discrepancy
between any alternative format (Excel, word, etc.) as requested or distributed, the *.PDF version, as currently
issued, shall prevail.
PREAMBLE
1.00 GENERALLY
1.01 Complying with the programme such as staging and / or phasing, access limitations
and maintenance of existing services as set out in the Tender Documents.
1.02 Strict control to minimize the effects of noise, dust, mud, smoke, fumes, interruption or
hindrance of access and other nuisance which could adversely affect the occupants of
adjacent buildings.
1.03 Co-ordination of works between the Contractor and Subcontractors and/or Employer.
1.04 Reinstating or making good all existing surfaces upon completion of the works.
1.06 Providing all samples of materials and carrying out tests as required by the
Specification.
1.08 Any items not specifically mentioned in this section but which are included or inferred
in the relevant Measurement and Prices clauses in the Standard Method of
1.10 Providing co-ordinated as installed drawings and operation and maintenance manuals.
1.11 Providing the required scaffolding until completion of the entire work.
1.12 Removing the entire scaffolding after completion of the entire work.
1.13 Any costs incurred through employing a construction sequence different to that
described in this section / herewith.
1.20 Replacing damaged works and leaving the work clean, free from defects and in good
condition.
1.21 Inspecting site conditions before the start of work on site, and before delivery of
materials to ensure conditions are satisfactory for installation.
1.24 Substrate preparation as specified, priming before fixing, sanding, 'wet paint' warning
signs, cleaning and polishing, making good and touching up where necessary;
1.25 Providing staging if any for the double / triple height to complete the work
1.26 Cleaning after completion of work and before handing over the works
1.27 General protection and cleaning of the completed works before handing over
1.29 Hacking all RCC surfaces before plaster (where plaster speicfied)
1.30 Project specific Safety Guidelines shall be adopted in all the items of work
PREAMBLE_GENERAL PAGE 2 of 2
OCTOBER 2020
TRADE PREAMBLES
Preamble Notes
The preamble applies to all structural steel sections mentioned in the Bill of
2.01 Quantities. The quoted unit rates shall take into account all these provisions in
addition to various provisions in other parts of tender document
This is an "Item Rate Tender". Rates shall include designing and proposing fire
protection system, getting Structural Consultants approval on the same, procurement
of approved brand of material, its cost, labour for application, necessary staging,
scaffolding and platform, machinery, plants & equipment’s taxes, levies, duties etc as
2.02
applicable, Testing of work carried out, and all necessary services required for
satisfactory completion of the fire protection treatment in accordance to the
manufacturer specifications, and drawings. Structural Consultant’s / GC’s decision on
interpretation of bill of quantities shall be final and binding on the contractor.
It is deemed that the contractor has understood his scope of work clearly and in case
2.03
of any discrepancy shall be brought to the notice of GC.
The work shall be carried out in strict accordance with relevant international / IS
2.04
standards as applicable.
The quantities given in this Bill of Quantities are indicative and liable to variations.
Such a variation in quantities shall not, however, vitiate the contract in any way
2.05 whatsoever and all quoted rates shall remain valid as per deviation limits provided in
the contract. Contractor shall be paid for the actual measured quantities of work
executed by him/them.
Rates quoted shall be firm and shall not be subject to any price variations throughout
2.06
the tenure of the project, except as specifically provided in the contract.
The contractor’s quoted rate shall include surveying, making drawings, taking
approval from the structural consultant / 3rd party external testing agency (if appointed
2.07
by the Client) for his respective scope of work as required for completion of the works
within stipulated time schedule.
In case a 3rd party testing agency is appointed by the Client for testing of fire
2.08 protection work, the vendor shall coordinate with him in order to get the executed work
tested and approved from the 3rd party testing agency.
TRADE PREAMBLES
The words “as specified”, “as described”, “as shown”, “as directed”, or “as approved”,
shall mean as described in the specifications, Schedule of Quantities and other
2.09
Contract documents as shown on the drawings or as directed by Structural Consultant
/ PMC.
For the general guidance of the bidders, tender drawings with relevant information /
data is made available to the bidder to facilitate appropriate quoting. The bidder shall
get all his queries resolved prior to bidding. The detailed working drawings shall be
2.10
issued to the successful bidder after start of work at site and during the execution of
the work so as per requirement and progress chart prepared initially and / or modified
subsequently by the contractors.
The bidders shall take into account all leads and lifts involved in transport of materials
to site, erection and hire of T & P, sheds for materials, etc. while quoting the rates for
various sub heads of the work. Similarly, all taxes including Octroi, Toll, GST or any
2.11
other Taxes etc. as payable by the contractor at the time of submission of bids shall
be taken into account by the bidders before quoting their rates. Any claim in these
matters whatsoever in this respect shall not be entertained.
PRELIMINARIES
PRELIMINARIES Page 1 of 1
OCTOBER 2020
PHOENIX BUSINESS HUB TOWER – 1
TENDER FOR FIRE PROOF COATING PAINTING WORKS
PRELIMINARIES
GENERALLY
PREAMBLE NOTES
2 The scope of works includes Fire proof coating painting Works for Proposed Phoenix Note
Business Hub Tower-1,Hyderabad. The site is located at Survey No. 118(P),120(P),
122(P) & 138(P), Nanakramguda Village, Serilingampally Mandal, Ranga Reddy District,
Telangana – 500 032
3 The Contractor shall inspect the Technical Specifications and Drawings, visit the site and Note
fully ascertain the nature and extent of the Works, and limitations and restrictions as to
means of access, working and storage space and any other relevant factors prior to
tendering as no claim of any kind shall be entertained for want of knowledge or ignorance
of the conditions under which the Works will be executed.
4 Appendix 'I' in this Document shall be signed to confirm that a detailed site inspection has Note
been made.
6 Clause headings only are given for these items and the Contractors should refer to the Note
relevant Contract Document or Specification clause to ascertain the liability for the duration
of the Contract.
SPECIFIC OBLIGATIONS
PRELIMINARIES PAGE 1 of 3
OCTOBER 2020
PHOENIX BUSINESS HUB TOWER – 1
TENDER FOR FIRE PROOF COATING PAINTING WORKS
PRELIMINARIES
8 The Contractor shall allow for the following including indirect costs if any required for the Note
execution and completion of work
Scaffolding
Storage with locking arrangement
Distribution of Water from the point to required place
Distribution of Electricity from the point to required place
All related builders works including drilling of holes / chasing as required for your
services.
Temporary office with required furniture's etc.
Security for the materials
Welding and any other specific works which required to complete the works
Insurances defined in Contract
9 Compliance with all statutory regulations with respect to Execution of Fireproofing Works Note
Contract Works Contract and employment of labour including but not limited to Labour
License, Workmen Compensation, ESI, Transit & storage insurance etc.
10 Submission of specified sets ( hard and electronic copies ) of shop drawings, as built Note
drawings, operating and maintenance manuals, test certificates, spare parts lists,
replacement cycle information , etc. to the Engineer's satisfaction prior to the issue of
taking over certificate.
11 Provision of all materials required for site safety without limiting any requirement to safety Note
items for the Labour, Contractor, Employees.
12 The Contractor shall provide adequate and competent site supervisory and administrative Note
staffs for the proper execution of the works
13 Provision, maintenance and removal of temporary office accommodation for staff, Note
sanitation and other facilities for the workmen and staff. The facilities shall be maintained
in a clean and orderly condition.
14 Provision, maintenance and removal of equipment, plant and tools required for the Note
execution of works
15 The Contractor shall provide all necessary labour, plant and tools for the proper and Note
efficient execution of the Works.
16 The Contractor shall provide for all accommodation, all transport for labour and for the Note
movement of plant and equipment to and from site, erection, dismantling, moving about
site as necessary and including allowance for all idle time.
PRELIMINARIES PAGE 2 of 3
OCTOBER 2020
PHOENIX BUSINESS HUB TOWER – 1
TENDER FOR FIRE PROOF COATING PAINTING WORKS
PRELIMINARIES
19 All the temporary buildings and other temporary facilities as provided shall be dismantled Note
& removed and the site shall be made good within 1 week of receipt of the Engineer's
instruction to remove such buildings.
20 Provision, maintenance and removal of testing facilities, testing equipment and carrying out Note
the required tests in accordance with the contract.
21 Provide all consumables for the equipment till handing over including buffers as specified Note
in the Contract / Specifications.
23 Allow for all costs in connection with transport of the plant, equipment and materials to Note
site including all transit insurances
24 Allow for any costs to comply with any other specific obligation in accordance with the Note
contract conditions.
PRELIMINARIES PAGE 3 of 3
OCTOBER 2020
BILL OF QUANTITIES
GENERALLY
PREAMBLE NOTES
Notwithstanding Preamble Notes of the Standard Method of Measurement of Building Works, the
Contractor shall refer to the Specification and Drawings for full particulars and descriptions of
a Note
materials and workmanship and shall include for the full intent and meaning the thereof in the
prices of the items.
b The scope of works includes Civil & Structure for Proposed Phoenix Bhub at Hyderabad. Note
The Contractor shall inspect the Technical Specifications and Drawings, visit the site and fully
ascertain the nature and extent of the Works, and limitations and restrictions as to means of
c access, working and storage space and any other relevant factors prior to tendering as no claim of Note
any kind shall be entertained for want of knowledge or ignorance of the conditions under which the
Works will be executed.
The Contractor shall visit the site and site inspection has been made all the cost towards access
d Note
are included in the rate
PRICES
Clause headings only are given for these items and the Contractors should refer to the relevant
f Note
Contract Document or Specification clause to ascertain the liability for the duration of the Contract.
SPECIFIC OBLIGATIONS
Compliance with all statutory regulations with respect to Civil & Strucutre Contract and
g employment of labour including but not limited to Labour License, Workmen Compensation, ESI, Note
Transit & storage insurance etc.
Submission of specified sets ( hard and electronic copies ) of fabrication / construction drawings,
as built drawings, operating and maintenance manuals, test certificates, spare parts lists,
h Note
replacement cycle information , etc. to the Engineer's satisfaction prior to the issue of taking over
certificate.
Provision of all materials required for site safety without limiting any requirement to safety items for
i Note
the Labour, Contractor, Employees.
The Contractor shall provide adequate and competent site supervisory and administrative staffs
j Note
for the proper execution of the works
Provision, maintenance and removal of temporary office accommodation for staff, sanitation and
k other facilities for the workmen and staff. The facilities shall be maintained in a clean and orderly Note
condition.
Provision, maintenance and removal of equipment, plant and tools required for the execution of
l Note
works
The Contractor shall provide all necessary labour, plant and tools for the proper and efficient
m Note
execution of the Works.
The Client shall provide land and Contractor shall construct temporary accommodation, all
n transport for labour and for the movement of plant and equipment to and from site, erection, Note
dismantling, moving about site as necessary
All the temporary buildings and other temporary facilities as provided shall be dismantled &
q removed and the site shall be made good within 1 week of receipt of the Engineer's instruction to Note
remove such buildings.
Provision, maintenance and removal of testing facilities, testing equipment and carrying out the
r Note
required tests in accordance with the contract.
Provide all consumables for the equipment till handing over including buffers as specified in the
s Note
Contract / Specifications.
Allow for any costs to comply with any other specific obligation in accordance with the contract
v Note
conditions.
Mobilization, demobilization and hire of one no tower crane for nine months and four numbers of
w Item
spider boom placer for nine months
Structural steel column & Swall members as supplied and installed above
A Column ( Plate Thk)
a 12 mm Sqm 2,079
b 20 mm Sqm 4,228
c 25 mm Sqm 1,031
1.2 Vermiculite
Supplying and applying light weight vermiculite gypsum/Portland cement based wet mix spray to
structural steel elements to get fire protection up to 120 minutes, by certified applicator. Applied
thickness to suit structural steel size and relevant Hp/A calculation. Substrate must be clean, dry
and free from dust, or any other condition preventing good adhesion. Substrate shall be treated
with adhesive key coat /primer prior to spray application as required . The vermiculate spray
material used shall pass all the necessary testing criteria required for fire rating as per
IBC/NBC/BS/AS/DIN/ASTM etc. and shall be applied with necessary priming of the surface to get
attractive, monolithic , trowelled finish which is durable and economical. The treated surface shall
be with a monolithic spray with hydraulic set and trowelled finish with no cracks or delamination's,
no erosion, no spalling etc. and does not promote corrosion of steel
Horizontal frames at all levels ( Slab Beam) Plate thk-8,10,12. Sqm 68,071
TOTAL
SCHEDULE – 7
SCOPE OF WORKS
1. Vermiculite spray
2. Intumescent paint
Vermiculite spray
Supplying and applying light weight vermiculite gypsum/portland cement based wet mix spray to horizontal
structural steel elements (beams) to achieve 120 minutes fire rating.
Scope includes all required material, labour, machinery, tools and tackles, scaffolding single height / double
height, including all leads and lifting to required floor levels and all temporary works / supports required for
completion of Fireproof coating painting works.
Required equipment’s and other required plant and machinery including power and back up, power and water
required for the completion works.
Intumescent paint
Supplying and applying (single pack water based intumescent paint, certified Green Label) to structural steel
columns / vertical elements to achieve 120 minutes’ fire rating.
Scope includes all required material, labor, machinery, tools and tackles, scaffolding single height / double
height, including all leads and lifting to required floor levels and all temporary works / supports required for
completion of Fireproof coating painting works.
Required equipment’s and other required plant and machinery including power and back up, power and water
required for the completion works.
(The Tenderer should note that details shown above are for reference purpose only)
SCHEDULE -8
SCHEDULE AND ANNEXURES
PROJECT SCHEDULE
SCHEDULE Page 1 of 1
OCTOBER 2020
ANNEXURES
ANNEXURES Page 1 of 4
OCTOBER 2020
ANNEXURES Page 2 of 4
OCTOBER 2020
Annexure B
1. Final Bill
2. Account Statement of the Package
3. Undertaking on Compliance of works as per GFC drawings.
4. Work completion report
5. Undertaking on Account settlement with General Contractor.
6. As Built Drawings
7. Material reconciliation statement
8. Emergency Contact List during DLP
9. Signoff on Handing over documents by General Contractor/ Project Manager of IBMS works.
10. No Claim Certificate
ANNEXURES Page 3 of 4
OCTOBER 2020
Annexure C
CHECK LIST FOR STATUTORY COMPLIANCE REGIST ERS
Note:
1. The following are the mandatory list of registers that need to be maintained as per the
statutory requirements (the item Fs may vary as per Rules of the State in which project is
being executed)
2. The registers need to be maintained only for the employees deployed at the site
3. One set of photocopies of all the documents to be submitted at the time of audit
4. The following documents to be maintained for the period commencement of contract to
completion of contract
1. Contract License
2. Form VI-A commencement of Contract intimation to the department
3. Muster Roll
4. Wage Register
5. Register of overtime
6. Register of Advance
7. Register of Fine
8. Register of Workman Employed by the Contractor
9. Employment Card
10. In & out timings register
11. PF registration copy
12. PF Challans
13. PF contribution details for the employees deployed at the site ( from PF web portal)
14. ESIC Challans
15. ESIC Temp card copy of for the employees deployed at the site
16. ESIC Contribution details for the employees deployed at the site ( from ESIC web portal)
17. Vendors monthly compliance undertaking ( as per annexure D)
18. Labour Welfare Fund contribution
19. Cess payment Receipt ( As per the BOCW registration obtained by Employer)
20. Any other document/Register as may be required per the prevailing Statutory/Legal
requirements of the State
ANNEXURES Page 4 of 4
OCTOBER 2020
PHOENIX BUSINESS HUB TOWER – 1
TENDER FOR FIRE PROOF COATING PAINTING WORKS
ANNEXURE D
VENDOR MONTHLY COMPLAINCES FORMAT
Name & Address of the Vendor Name of the Principal Employer & Address Month
ESIC.Reg. No.
We hereby Certify that the above mentioned employees PF/ESIC has been remitted with the respective department against challan attached for the Month of………… .. We hereby affirm that we will be liable to pay any financial liabilities
in case of such liabilities arise in future in regard to the documents submitted by us.
For ( Company Name )
Seal
ANNEXURE PAGE1 of 1
OCTOBER 2020
SCHEDULE -9
QA / QC DOCUMENT
(TO BE ISSUED)
SCHEDULE -10
ORGANIZATION CHART
Organization Chart
SCHEDULE -11
PLANT & EQUIPMENT
Tenderer to provide details of plans and equipment’s considered for this project along with
duration and Provided by the Contractor
To be Included
SCHEDULE -12
LOGISTICS PLAN