part 1 - a: conditions of contract** the contractor should execute and produce an indemnity bond for...

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TIDEL, Chennai Part 1 A: Conditions of Contract 1 TIDEL PARK LIMITED INTERNATIONAL TECHNO COMMERCIAL BID FOR CIVIL, PLUMBING, STP, STRUCTURAL GLAZING, FAÇADE ACCESS, LANDSCAPE AND SIGNAGE WORKS PART 1 - A: CONDITIONS OF CONTRACT FOR THE CONSTRUCTION OF ADVANCED COMPUTING DESIGN ENGINEERING CENTRE (ACDEC) FOR AEROSPACE AND DEFENCE INDUSTRIES AT VALLAM VADAKAL, SRIPERUMBUDUR, KANCHEEPURAM DISTRICT DUE DATE FOR SUBMISSION: ON OR BEFORE 14.02.2020 at 15.00 Hours TO BE SUBMITTED TO: The Managing Director TIDEL Park Ltd., No.4, Rajiv Gandhi Salai, Taramani, Chennai 600 113 Tel No.044-22540500/01. Fax No.044-2254 1744, Email id: [email protected] ARCHITECTS & ENGINEERS M/s C. R. Narayana Rao (Consultants) Private Limited #10 Karpagambal Nagar, Luz, Mylapore, Chennai- 600 004 INDIA Tel No: 044-2499 1676 (4 lines) Fax No: 044-2499 1318 BID SUBMITTED BY: M/s._________________________ Address_____________________ _____________________________ JANUARY 2020

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TIDEL, Chennai Part 1 – A: Conditions of Contract

1

TIDEL PARK LIMITED

INTERNATIONAL TECHNO COMMERCIAL BID

FOR CIVIL, PLUMBING, STP, STRUCTURAL GLAZING, FAÇADE ACCESS, LANDSCAPE AND SIGNAGE WORKS

PART 1 - A: CONDITIONS OF CONTRACT

FOR THE CONSTRUCTION OF ADVANCED COMPUTING DESIGN ENGINEERING CENTRE (ACDEC) FOR AEROSPACE AND DEFENCE INDUSTRIES AT VALLAM

VADAKAL, SRIPERUMBUDUR, KANCHEEPURAM DISTRICT

DUE DATE FOR SUBMISSION: ON OR BEFORE 14.02.2020 at 15.00 Hours

TO BE SUBMITTED TO: The Managing Director TIDEL Park Ltd., No.4, Rajiv Gandhi Salai, Taramani, Chennai 600 113 Tel No.044-22540500/01. Fax No.044-2254 1744, Email id: [email protected]

ARCHITECTS & ENGINEERS

M/s C. R. Narayana Rao (Consultants) Private Limited #10 Karpagambal Nagar, Luz, Mylapore, Chennai- 600 004 – INDIA Tel No: 044-2499 1676 (4 lines) Fax No: 044-2499 1318

BID SUBMITTED BY:

M/s._________________________ Address_____________________ _____________________________

JANUARY 2020

TIDEL, Chennai Part 1 – A: Conditions of Contract

2

TIDEL PARK LIMITED

INTERNATIONAL TECHNO COMMERICAL BID FOR CIVIL, PLUMBING, STP, STRUCTURAL GLAZING, FAÇADE

ACCESS, LANDSCAPE AND SIGNAGE WORKS

FOR THE CONSTRUCTION OF ADVANCED COMPUTING DESIGN ENGINEERING CENTRE (ACDEC) FOR AEROSPACE AND DEFENCE INDUSTRIES AT VALLAM

VADAKAL, SRIPERUMBUDUR, KANCHEEPURAM DISTRICT

CONTENTS No Description Page

1 Contract Data 3

2 Section – I – Bid Form 4

3 Section – II – Articles of Agreement 7

4 Section – III – General Instruction for Submission & Procedure for opening of Bid 11

5 Section – IV – Criteria for Submission and Evaluation of Bid 23

6 Section – V – Conditions of Contract 27

7 Section – VI – Special Conditions / Instructions 60

8 Price Adjustment Clause 73

9 Section – VII – Summary of Notice Inviting Bid and conditions of contract 77

10 Section – VIII – Submittal List

a APPENDIX – A Organization Chart 78

b APPENDIX – B Methodology of Quality Control 80

c APPENDIX – C Schedule of Construction Plant & Equipment 81

d APPENDIX – D Construction Management Staff 82

e APPENDIX – E Details of Field Lab Equipments 83

f APPENDIX – F Hand Book on Health & Safety 86

g APPENDIX – G - Deleted

h APPENDIX – H Form of Performance Guarantee 104

i APPENDIX – I Bank Guarantee for Mobilization advance 107

j APPENDIX – J Proposed Time Schedule 109

K APPENDIX – K Site Office Plan 110

l APPENDIX – L – Irrevocable Undertaking 111

11 Section – IX – Check List for Enclosures 112

12 Soil Exploration Report 114

13 Mile Stone 120

TIDEL, Chennai Part 1 – A: Conditions of Contract

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TIDEL PARK LIMITED

Part I – A

INTERNATIONAL TECHNO COMMERICAL BID FOR CIVIL, PLUMBING, STP, STRUCTURAL GLAZING, FAÇADE ACCESS,

LANDSCAPE AND SIGNAGE WORKS

FOR CONSTRUCTION OF ADVANCED COMPUTING DESIGN ENGINEERING CENTRE (ACDEC) FOR AEROSPACE AND DEFENCE INDUSTRIES AT VALLAM VADAKAL,

SRIPERUMBUDUR, KANCHEEPURAM DISTRICT

CONTRACT DATA

Period of Sale of Tender Document

14.01.2020 to 13.02.2020 from 10.00 AM to 5.00 PM on all working days.

Place of sale of Tender Document

At office of The Managing Director, TIDEL Park Ltd., No.4, Rajiv Gandhi Salai,Taramani, Chennai 600 113 Web: www.Tidelpark.com Email: md@tidelpark .com

Last Date for Submission of Tender

3.00 PM on14.02.2020

Validity Period of Tender 90 days from the last date of submission of tender

Time and Date of Pre Bid Meeting 11.00 A.M on 31.01.2020 at office of TIDEL ,Chennai 600 113.

Estimated Project value of Civil, Plumbing and STP works

Rs.176.30 Crores plus GST@ 18% Rs.208 Crores

Earnest Money Deposit

Rs.2.08 Crores (Rupees Two crores and Eight Lakhs only) by Demand Draft, drawn from any Nationalized or Scheduled Bank in India payable at Chennai or Electronic Mode in favour of TIDEL Park Ltd Chennai, Tamil Nadu, valid for 180 days from the last date of submission of tender.

Tender Documents to be submitted to

The Managing Director, TIDEL Park Ltd., No.4, Rajiv Gandhi Salai, Taramani, Chennai – Chennai 600 113

Place of Opening of Tender TIDEL Park Ltd., No.4, Rajiv Gandhi Salai, Taramani, Chennai – Chennai 600 113

Time and date of opening of Tender

3.30 hrs on 14.02.2020

Period of completion of work 24 months

Defects Liability Period One Year **

** The contractor should execute and produce an indemnity Bond for a further period of FOUR YEARS indemnifying the employer against any loss, incurred during the period of FOUR YEARS after Defects Liability Period, in order to rectify any defects that may be noticed due to faulty workmanship by the contractor or any substandard materials used in execution of the contract by the contractors.

TIDEL, Chennai Part 1 – A: Conditions of Contract

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SECTION - I

BID FORM

To:

TIDEL Park Ltd., No.4, Rajiv Gandhi Salai, Taramani, Chennai – 600 113 Dear Sir, 1. We, M/s.---------------------------------------------------------------------------------------------------------having

examined the drawings, specifications, designs and schedule of quantities with respect to the works specified in the memorandum hereinafter set out and having visited and examined the site of the works specified in the said memorandum and having acquired the requisite information relating thereto as affecting the Bid, I/we hereby submit the offer to execute the works specified in the said memorandum within the stipulated time specified in the said memorandum at the rates mentioned in the attached schedule of quantities and in accordance in all respects with the specifications, designs, drawings and instructions in writing referred to in the Conditions of Bid, the Articles of Agreement, Special Conditions, Schedule of Quantities and Conditions of Contract and with such materials as are provided for, by, and in all other respects in accordance with such conditions so far as they may be applicable.

MEMORANDUM

Description of Works

Civil, Plumbing and STP, Structural glazing, Façade Access, Landscape and Signage works for the Proposed Construction of Advanced Computing Design Engineering Centre (ACDEC) for Aerospace and Defence Industries at Vallam Vadakal, Sriperumbudur, Kancheepuram, District.

Earnest Money Deposit

Rs. 2.08 Crores (Rupees Two crores and Eight Lakhs only) by Demand Draft, drawn from any Nationalized or Scheduled Bank in India payable at Chennai or Electronic Mode of Transfer in favour of TIDEL PARK LTD , valid for 180 days from the last date of submission of tender.

Percentage to be deducted from bills towards Retention money

5% of the Value of work billed, Out of which 50% shall be released along with final bill and the remaining 50% shall be retained up to the end of Defects Liability Period of one year.

Date of Commencement of work 15 days from the date of issue of Letter of Award.

Time allowed for completion of the project from the date of commencement of work.

Twenty four months from the date of COMMENCEMENT OF WORK

2. Should this Bid be accepted, I/we hereby agree to abide by and fulfill all the terms and

provisions of the said Conditions of Contract annexed hereto or in default thereof to forfeit and pay to the Owner the amount mentioned in the said contract.

3. We agree to execute Civil, Plumbing, STP, Structural glazing, Façade Access, Landscape

and Signage works in complete cooperation and parallel coordination with the independent specialist contractors (will be called for in due course) for Electrical, HVAC, DG Sets, Lift, Fire protection system, IBMS etc., to achieve sequential, unhindered and harmonious progress, with the objective of completion of Entire Project within stipulated time for the CLIENT’s beneficial use of the Project.

The Managing Director

TIDEL, Chennai Part 1 – A: Conditions of Contract

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4. I/We have submitted a sum of Rs.2.08 crores as Earnest Money in the form of DD or

Electronic Mode of Transfer. Should I/we fail to execute the contract when called upon to do so, I/we do hereby agree that this sum shall be forfeited by me/us to the TIDEL.

5. If this Bid is accepted we agree to provide a Bank Guarantee from a Nationalized Bank as

Performance Bond for a sum equivalent to five percent of the contract value for the due performance of the contract under the terms of the conditions of contract within 15 days from the date of LOA issued.

6. We agree to abide by this Bid for the period of Ninety days from the date of submission of

price bid and it shall remain binding upon us and may be accepted at any time before the expiration of that period without any additional cost.

7. When the Owner accepts Offer of the Bidder which is expressed through the Letter of Award,

a valid / binding / and enforceable contract would emerges without even the Parties having entered into a formal written agreement. If the Bidder withdraws his Offer after the LOA is issued, then the EMD is liable to be forfeited by the Owner.

8. Until a formal contractual agreement is prepared and executed, this Bid together with your

written acceptance (Letter of Award issued) thereof, shall constitute a valid / binding contract between us for the execution of specified works. A formal written contractual agreement as per the format enclosed should be executed within 15 days from the date of issue of Letter of Award.

9. The lists showing the particulars of large works carried out and the names of manufacturers of

specialized items as required are enclosed herein. 10. Our bankers are: (Please state name, address, and phone no, fax no.) i) ii) 11. The names of / Directors of our company are : (please state name, address, and Phone no.) i) ii)

TIDEL, Chennai Part 1 – A: Conditions of Contract

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12. The names of the Director of our company authorized to sign: or

Name of person having required Power of Attorney to sign the Contract (certified true copy of Power of Attorney & relevant Board Resolution should be attached) (Pl. state name, address and Telephone No.

Yours faithfully,

Signature of Bidder

(Should be signed by the Authorized Signatory. Board Resolution in case of company to be enclosed).

WITNESSES : i) Signature: Occupation: Address: ii) Signature: Occupation: Address:

TIDEL, Chennai Part 1 – A: Conditions of Contract

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SECTION - II ARTICLES OF AGREEMENT

(DRAFT FORMAT) ARTICLES OF AGREEMENT made on this …...…. day of …........... 2019 between TIDEL Park Limited a Company incorporated under Companies Act 1956 having its registered office at TIDEL, No.4 Rajiv Gandhi Salai, Taramani, Chennai 600 113, represented by --------------------------------------------------- (Herein after called "the Owner or the CLIENT" which expression shall unless the context required otherwise include its successors and assigns) of the FIRST PART.

AND M/s ------------------------------------------------------------------- a Company incorporated under Companies Act 1956 having its registered office at ---------------------------------------------------------, represented by ----------------------------------------------- (Hereinafter called “the contractor “or “the Civil Contractor” which expression shall, unless the context required otherwise include its successors) of the OTHER PART. WHEREAS the Owner is desirous of Construction of Advanced Computing Design Engineering Centre (ACDEC) for Aerospace and Defence Industries at Vallam vadakal, Sriperumbudur, Kancheepuram District (hereinafter called "the WORK") and has issued drawings and Schedule of Quantities showing and describing the works to be executed as prepared by or under the direction of Architect / Consultant: M/s: C. R. Narayana Rao (Consultants) Pvt Ltd, Old No. 5, New No. 10, Karpagambal Nagar, Luz, Mylapore, Chennai 600 004, (hereinafter referred to as the ARCHITECT/PMC). AND WHEREAS the said drawings numbered as per list attached to the Bid document covering the conditions, the specifications and the Schedule of Quantities have been signed by or on behalf of the parties hereto. AND WHEREAS the Civil Contractor has furnished Bank Guarantee No ……… dated ………. From ……….. Bank ………….. branch, for a sum of Rs. -------------------- (Rupees -----------------------------------------------------------only) equal to 5% (Five percent only) of contract value of Rs.---------------------- (Rupees----------------------------------------------------------------only) as Performance Bond, valid from the date of commencement of work till the end of Defects Liability Period of twelve calendar months from the date of taking over of the works by the Client with provision for direct re-validation of the Bond on demand if so required by the Client for due performance of this agreement. AND WHEREAS the Civil Contractor has supplied the Owner / Client with a fully priced copy of the said Schedule of Quantities (which copy is hereinafter referred to as "the Contract Bills") AND WHEREAS the said Drawings (hereinafter referred to as "the Contract Drawings") and the Contract Bills have been signed by or on behalf of the parties hereto. NOW IT IS HEREBY AGREED AS FOLLOWS: 1. For the consideration, hereinafter mentioned, the Contractor, shall l upon and subject to the

Conditions annexed, carry out, and complete the Works, shown upon the Contract Drawings, and described by or referred to in the Contract Bills, and in the stipulated Conditions.

2. The Client shall pay the Contractor, a sum of INR ……. (Indian Rupees.

……………................................... only), (hereinafter, referred to as "the Contract Consideration ") or such other sum, as shall become payable, hereunder at the times, and in the manner specified in the said Conditions.

3. The term, "the Architect " in the said Conditions, shall mean the said, M/s. C R Narayana Rao,

or in the event of ceasing to be the Architect, for the purpose of this Contract, such other person as the Client shall nominate for that purpose, not being a person, objected to by Contractor to, for reasons considered to be sufficient by an Arbitrator, appointed, in accordance with Article-.9. Provided always, that no person subsequently appointed, to be the Architect, under this clause, shall be entitled to disregard, or overrule, any certificate, or opinion, or decision, or approval, or instruction given, or expressed, by the Architect (s) for the time being.

TIDEL, Chennai Part 1 – A: Conditions of Contract

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4. Bidder Letter of Offer, Payment Schedule and Preamble & BOQ (Bill of Quantities),

Attendances charges and all subsequent correspondences and addenda shall be read and construed as forming part of this agreement, and the parties hereto shall respectively abide by, submit themselves to the Conditions and perform their part of the agreements respectively subject to such stipulated conditions contained

5. All the plans, agreement, and documents mentioned herein, shall form integral part of this

Contract. 6. The Contract is not a lump sum contract, but an item rate contract, to carry out the works in

respect of Civil, Plumbing and STP, Structural glazing, Façade Access, Landscape and Signage works, along with all connected services, in the Construction of Advanced Computing Design Engineering Centre (ACDEC) for Aerospace and Defence Industries at Vallam vadakal, Sriperumbudur, Kancheepuram District .The Contractor, shall be paid for, the actual quantity of work done, as measured at site, at the accepted rate, contained in the Schedule of Rates, and Probable quantities, or, as provided in the said Conditions.

7. The Contractor shall afford, every reasonable facility, for the carrying out of all works, with

respect to civil works, and all other ancillary works, in the manner laid down, subject to the stipulated Conditions, and shall, make good any damage, done to walls, floors, and any other properties of the Client, during execution and after the completion of such works.

8. The Client, expressly reserves the right to alter / modify / fine tune the Drawings and nature of

the works, by adding to, or omitting any items of work, or having portions of the same carried out, without prejudice to this Contract. However, the scope and extent of changes that can be ordered by the Client, shall be limited to +/ - 25% of the contract sum, and the Civil Contractor, shall not be entitled to, any compensation, or claim, due to such change (s) / Order (s) , by the Client. The Civil Contractor shall be paid only for the actual quantity of works done, payable at the accepted unit rates.

9. Any issues, difference of opinions, and disputes arising between the Client (& the PMC on

behalf of Client) and the Contractor, either during the progress, or after completion, or abandonment of works shall be amicably settled Conciliation / Mediation / Negotiation between themselves. IF any issue or differences could not be resolved between Owner / PMC and Contractor, then such matter shall be referred to Arbitration, as detailed in Section-V-Clause-59b of Conditions of Contract. The award of Arbitrator shall be binding on the parties.

10. Time shall be considered as the essence of this Contract, and the Contractor, hereby agrees

to commence the works, within a period of fifteen days from the date of issue of Letter of Award, as provided for, in the said Conditions, and to complete the entire works, within a period of Twenty Four months thereof, subject nevertheless, to the provisions for extension of time if any granted by Owner.

11. All payments by the Client, under this contract, will be made only, through Banking Channel, at

Chennai in Indian Rupees only 12. All disputes arising out of, or, in any way connected with this Agreement, shall be deemed to,

have arisen at Chennai, and only Courts in Chennai, and shall have jurisdiction over them.

TIDEL, Chennai Part 1 – A: Conditions of Contract

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13. That the several parts of this Contract have been read by the Contractor and fully understood

by the Contractor. IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed / executed in

their respective names as on the day, month and year first above written.

FOR AND ON BEHALF OF THE FOR AND ON BEHALF OF THE OWNER / CLIENT CONTRACTOR

Name : ___________________ Name: ___________________ Designation: Designation: Address : Address: WITNESSES:

1. Signature : 1. Signature :

Name : Name :

Occupation: Occupation:

Address : Address :

2. Signature : 2. Signature :

Name : Name :

Occupation: Occupation:

Address : Address :

The COMMON SEAL OF ………............................................... is hereunto affixed pursuant to the resolutions passed by its Board of Directors at the meeting held on .....……….. In the presence of : (1) Name and Designation: (2) Name and Designation: If the Civil Contractor signs under its common seal, the signature clause should correspond with the sealing clause in the Articles of Association.

TIDEL, Chennai Part 1 – A: Conditions of Contract

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Directors who have signed these presents in token thereof in the presence of : (1) Name and Designation: (2) Name and Designation: If the Civil Contractor signing by the hand of power of attorney, SIGNED AND DELIVERED BY the Contract by the hand of Shri ...................... and duly

constituted attorney.

TIDEL, Chennai Part 1 – A: Conditions of Contract

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SECTION - III GENERAL INSTRUCTIONS

1. Submission of Bid:

Sealed Bids should be addressed to The Managing Director, TIDEL Park Ltd., No.4, Rajiv Gandhi Salai, Taramani, Chennai 600 113 and super scribing the name of the Bid at the top left hand corner of the cover and the name of the Bidder at the bottom left hand corner of the cover and be sent so as to reach not later than 14.02.2020 @ 15-00 hours.

The Bid shall be TWO COVER SYSTEM (Two part bid system), Part – I: Technical and

Qualification Bid along with E.M.D. and Part – II: Price Bid. Both the Parts each in separate sealed covers 1 & 2 (i.e. Part I in cover 1 & Part II in cover 2) have to be submitted together packed in another sealed cover. If tender document is downloaded from the website, the drawings should be purchased in person by paying the cost of tender document within the tender issue period as stipulated.

Part – I (Technical and Qualification Bid) of the Bid document consists of Part - I (A), I (B) &

I(C) pertaining to Special Conditions and General Conditions Part (I-A), Contract Data, Technical Specifications (I-B), Pre-Qualification Criteria (I-C) and Part – II (Price Bid) of Bid document pertains to Schedule of Quantities along with unit rates shall be submitted in duplicate i.e. one original and another copy. Any enclosures that the Bidders wish to submit shall also be in submitted in duplicate. (Note: Part 1-B Technical Specifications: Duplicate copy need not be submitted.)

All Bid drawings shall duly signed and affixed with the seal of the Bidder shall be returned in a

separate cover and need not be sealed, at the time of submission of the Bid. The Bid document shall be submitted in duplicate. The original Bid document issued to the

Bidder shall be marked as ‘Original’ and copy shall be marked as `Duplicate’. Should there be any discrepancy(ies) in filling / write-up in between the original and the copy of the Bid documents, then, the ‘Original’ shall be given effect and the duplicate copy is to be amended as per ‘Original’.

Part-I (Technical and Qualification Bid) and Part – II (Price bid) of Bid after duly filled in and

sealed shall be submitted as mentioned below in separate covers 1 & 2 respectively.

Duly filled Bid

Part I in Cover 1 (sealed) Technical & Qualifying Bid

Part II in Cover 2 (sealed)Price Bid

Common cover

No.3

(sealed)

Part I-C

Pre -Qualification

Criteria

Part I-A

Contract Data and

conditions of contract

Part I –B

Technical Specificat

ion

EMD Covering letter, Enclosu

res, Certificates etc.

BOQ Cash flow statement&

other Enclosures

if any

Original Original with Check List

Original

Original Original Original Original Original Cover 1

(Tech.& PQ Bid)

Cover 2

(Price Bid)

Duplicate Copy with Check List

Copy No Copy Copy Copy Copy Copy

A Bid, which is not accompanied by EMD in the approved form in a separate envelope

attached to the sealed cover, shall be rejected summarily and out rightly.

The duly sealed Bids shall be submitted to The Managing Director, TIDEL Park Ltd., No.4, Rajiv Gandhi Salai,Taramani, Chennai 600 113 duly super scribing the name of work, Bid Part No. and name of Bidder so as to reach the concerned authority not later than the due date and time as stipulated above.

TIDEL, Chennai Part 1 – A: Conditions of Contract

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No indication of Bid value or any financial aspect of Bid shall be made in any manner in any of the enclosures, covering letter etc. in cover 1 containing Part-1(A), (B) & (C) (Technical and Qualification Bid). If done so, such Bid shall be rejected.

Documents submitted in connection with any Bid shall not be returned. 2. Late Submission: Any Bid received after 15-00 hours on 14.02.2020, shall be rejected. 3. Pre-bid Meeting and Clarifications A pre-bid meeting shall l be held at 15.00 hours on 31.01.2020 at the office of The Managing

Director, TIDEL Park Ltd., No.4, Rajiv Gandhi Salai,Taramani, Chennai 600 113. Any clarifications required by the Bidders may be sought in writing from TIDEL , Chennai along with a copy marked to Consultant / PMC to the address given elsewhere in the document well in advance, and in any case not later than 2 (two) days before the date of pre-bid meeting. All queries raised by the bidder shall be addressed and Clarifications shall be issued by the Owner and the minutes of pre-bid meeting, which shall also form part of the Agreement shall be sent to all Bidders by mail and shall be uploaded in the Owner’s web site too. No more queries either written or oral shall be entertained after the conclusion of Pre-bid meeting.

All Bidders should sign the minutes of Pre- Bid meeting and as a token of their acceptance

should enclose a copy of that MoM along with Part 1-A, while submitting their bid. 4. Opening of Bid :

Part I (Technical and Qualification Bid) of Bids shall be opened by Owner on 14.02.2020 at 15-30 hours in the presence of the Client / Architect and all the Bidders concerned or their representatives (who choose to be present). Part II, the Price bid of only those Bidders who qualifying the Technical and Qualification Bid shall be opened separately on another date which shall be fixed by the Owner with prior intimation to all such qualified bidders and no intimation on account of this shall be given to any bidder who are not qualified.

As per the discretion of the Owner, the Bidders may be called for discussions, clarifications or

negotiations after tender evaluation. 5. Validity of Bid: Bids shall remain valid for acceptance by the Owner, for a period of ninety days from the date

of opening of Technical bid, which period could be extended by mutual agreement and the Bidder shall neither cancel not withdraw his Bid during this period.

6. Prescribed Form of Bid: The Bidder must use only the prescribed forms issued by the Owner, in order to fill in the

UNIT rates. The Bidder have to check whether the Bid document is complete in every respect by verification of the number of pages, drawings etc.

BIDS are NOT transferable and shall be accepted only from the party who has purchased it

from the Owner. 7. Bidders Eligible for Bid:

The BID is open to reputed, well established and experienced contractors from India and abroad, who satisfies the qualifying criteria stipulated in NIT (Notice Inviting Tender) under clause No.5 of Part 1-C. Apart from the Civil Works Contract (General Builder’s Works), the Owner shall select any independent Contractors for Specialized contract Works for Plumbing & Sanitary, STP, waterproofing works, structural glazing, External façade access system, landscape and signage works by Owner’s own selection process with due consideration to eligibility criteria of the specialized vendors as stipulated in Part -1C of tender document..

TIDEL, Chennai Part 1 – A: Conditions of Contract

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For works of specialized nature within the scope of Plumbing & Sanitary, STP, waterproofing works, structural glazing, External façade access system, landscape and signage works, the BIDDERS shall submit in their BID a list of sub-contractors and specialized agencies through whom they propose to execute such specialized works. Owner reserves the right to approve or reject any or all subcontractors proposed by Bidder. The Civil Contractor shall have the overall / total responsibility to execute / carry out the Plumbing & Sanitary, STP, waterproofing works, structural glazing, External façade access system, landscape and signage works including those of his subcontractors, both internal and external, as well as all the finishing items.

The Civil Contractor is responsible and shall cooperate and coordinate with the Client / Architects / other specialist independent contractors such as Electrical, HVAC, FPS etc., in order to ensure sequential, unhindered, and harmonious progress of work with the sole objective of completion of the entire project works including the services, within the stipulated period (TWENTY FOUR MONTHS) for Civil works from the date of contract. The BID shall be signed in every page by the BIDDER or his Authorized signatory having requisite power of attorney along with a copy of the power of attorney /authority by the authorized signatory being enclosed and also the relevant Board Resolution as applicable.

8. Governing Laws:

The Indian Laws in general and Indian Law of Contract is specifically applicable to the contract.

9. Disputes Any dispute arising out of or in any way connected with this agreement shall be deemed to

have arisen at Chennai and only the Courts in Chennai shall have jurisdiction to resolve the same. Refer Clause no 59.

10. Cost of Bid Preparation: The BBIIDDDDEERRSS shall themselves be responsible for all the costs incurred in preparing,

collecting information, providing clarifications or attending discussions, conferences or in making presentations, site visits etc for submission of the BID. No claims for reimbursement on this account shall will be entertained by the OWNER / CLIENT.

11. No Conditional Bid:

The OWNER discourages stipulation of any additional conditions by the Bidders, as they are expected to accept the various provisions and conditions in the Bid documents and as such any conditional offer shall NOT be accepted under any circumstances at all.

12. Signing of Bid: Bidders must sign and affix their seal in all pages of the original copy of the Bid and also

original Bid drawings. The name of the Bidder shall appear on each page of the Bid documents.

13. Covering Letter to Bid: . If the Bidder desires to submit a covering letter with his Bid, he may do so, but the covering

letter shall not contain any reference to the consideration amount of his Bid or any financial aspect of Bid. The covering letter shall be enclosed within the sealed cover 1 containing Part I (A, B & C) (Technical and Qualification Bid) of the Bid along with Earnest Money Deposit.

14. Submission by Post / Courier / in Person:

If the sealed Bids are sent by post or courier service, the Bidders shall ensure that the Bids are posted or dispatched sufficiently earlier so that the Bids could reach the OWNER and received by them, at their office in Chennai, within the stipulated deadline. The cover shall be addressed to The Managing Director, TIDEL Park Ltd., No.4, Rajiv Gandhi Salai,Taramani, Chennai 600

TIDEL, Chennai Part 1 – A: Conditions of Contract

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113 If the Bids are to be delivered in person at the above address, the sealed Bids shall be deposited before the stipulated deadline, at the aforesaid office.

OWNER shall not be held responsible for any delay in respect of submission of bids due to

delayed postal / courier service / delivery. Bids made through telegram, fax, e-mail or telex and shall NOT be admitted and those bids

which are received late shall neither be opened nor considered. 15. Rejection of Bid: OWNER has the right to reject any Bid that does not comply with the above procedures and

stipulations. 16. (a) Specialized Works: The Bidder’s special attention is drawn to the fact that the Bid is for construction and

other connected works of all specialized nature like Plumbing & Sanitary, STP, waterproofing works, structural glazing, External façade access system, landscape and signage works, anti-termite, Aluminum works, flooring, false ceiling works and such other specific works as identified by the owner.

b) Qualification & Experience of Bidder in specialized works: The Bidder should furnish with his Bid his qualifications and experience in carrying out

the aforesaid specialized works and also particulars of his licenses from the relevant / competent authorities entitling him to execute these works.

c) Sub-contract: In case the Bidder proposes to have these specialized works executed by Sub-

Contractors, full details as to the names of at least three such specialized Sub-Contractors along with their qualification, experience, license from competent authority empowering them to execute such works etc., must be furnished with the Bid in the format as given in the special condition to the Bids.

If the OWNER / CLIENT is not satisfied with the credentials of the sub-Contractor

proposed by the Civil Contractor, the OWNER / CLIENT, shall nominate his own choice of specialist Sub-Contractor and the such Sub-Contractor so nominated by the OWNER / CLIENT, shall work under the umbrella of the Civil Contractor and the Civil Contractor shall continue to have overall / full / total responsibility towards completion of the project on schedule. The OWNER / CLIENT reserves the right to involve itself and or through authorized representative of the CLIENT, in the process of selection of the sub-Contractor including commercial, technical and contractual terms. Requirements of the OWNER / CLIENT, indicated at appropriate stages progressively shall have to be incorporated in the agreement between Civil Contractor and its sub-Contractor in respect of quality, specifications, time factor, cost, safety, insurance, co-ordination on all other matters of technical, contractual etc.

OWNER reserves full discretion to award these works to any other agencies if they so

desire and the Bidder shall not be entitled to withdraw his Bid on this account and any such withdrawal shall entail forfeiture of the earnest money deposited with along with the Bid. No compensation or extension of time shall be granted under any such circumstances.

In cases where the work of the Sub-Contractor engaged by the Civil Contractor as

approved by the OWNER / CLIENT is not up to the specifications or the progress is not satisfactory, the CLIENT shall be at liberty to stop further work by such sub-Contractor and the Civil Contractor shall engage another sub-Contractor who is acceptable to the OWNER / CLIENT, failing which the CLIENT, shall be at liberty to get such works executed by any other agencies at the cost of the Civil Contractor.

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17. Award of Part (Partial) Works: The OWNER / CLIENT, reserves full discretion to award part of the work to any other

agency(ies) if they so desire and the bidder shall not be entitled to withdraw his bid on this account and any such withdrawal shall entail forfeiture of the earnest money deposited with the bid. No compensation or extension of time shall be granted under such circumstances.

18. Language of Bid: The Bid form must be filled in English and all entries must be made by handwritten in

ink/Typewritten. If any of the documents is missing, or unsigned, the Bid may be considered invalid by the OWNER / CLIENT, in its own discretion.

19. Quoting of Bid: Unit Rates should be quoted both in figures and words in Indian Rupees (INR) in columns

specified. In case of discrepancy between the rates quoted in figures and words, the lower of the two rates shall be considered. Where there is a discrepancy between the unit rates and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted shall govern. All erasures and alterations made while filling the Bid must be attested by initials of the Bidder and be duly stamped. Overwriting of figures and the use of whiteners are strictly not permitted. Failure to comply with these conditions shall render the Bid invalid and it shall left to the option of the Owner / Client, either to accept or reject such Bid. No unsolicited advice on any change in rate or conditions after the opening of the Bid shall be entertained.

20. Signatory of Bid: Every single page of the Bid documents should be signed by the person or persons with seal

of authority submitting the Bid in token of his/their having acquainted himself/themselves with the General Conditions of Contract, Specifications, Special Conditions, Bills of Quantities etc., as laid down. Bid documents not so signed shall be summarily rejected.

The Bid submitted on behalf of a firm shall be signed by all the partners of the firm or by a

partner who has the necessary authority on behalf of the firm to enter into the proposed contract. Otherwise the Bid may be rejected by the CLIENT. Copy of Power of Attorney shall be submitted.

21. Acceptance of Bid: The Owner reserves the right either to annul the process of Bid or to accept or to reject all

or any of the Bids without thereby incurring any liability to any applicant or any obligation to inform any participant of the grounds for it’s action or assign any reasons thereof. Bidders shall waive all rights to any such claims by participating in this Bid.

The bidder hereby agrees to abide by the OWNER’s / CLIENT’s decision on all matters

pertaining to this bid and undertakes not to resort to any actions either Legal or otherwise against the Owner / Client in this regard, including any direct or indirect canvassing or influencing etc., and any violation of this clause shall lead to summary dis-qualification of the bidder without any reference to them.

22. Earnest Money Deposit:

Intending Bidders shall submit as earnest money a sum of Rs.2.08 Crores including GST (Rupees Two Crores and eight Lakhs only) by way of DD from a Nationalized Bank in India or Electronic Transfer Mode in favour of TIDEL PARK Ltd, Chennai valid for 180 days from the last date of submission of Bid. A Bid which is not accompanied by such EMD shall not be considered. The earnest money deposited shall be returned to the chosen Bidder after the bidder submits Performance Bank Guarantee of 5 % of Contract value.

E.M.D. of unsuccessful bidders shall be returned after the successful bidder submits performance bond to the OWNER / CLIENT.

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23. Performance Bond: The Earnest Money Deposit of the successful Bidder shall be returned by the Owner / Client,

upon furnishing of a Performance Bond within 15 days of LOA in the form of Bank Guarantee in the format appended herein for an amount of 5% of the contract value , valid till the end of defect liability period of one year from the date of satisfactory handing over of the completed works by the Civil Contractor to the Owner / Client, with provision for direct re-validation on demand by the OWNER / CLIENT, when so called for, for the execution and due fulfillment of the Contract. The Performance Bond shall be returned after successful completion of Defect Liability Period or two months after the last notified defect had been rectified, whichever is later.

24. Signing of Agreement:

On receipt of intimation from the Owner / Client about the acceptance of his/their Bid (i.e. Letter of Award), the successful Bidder shall be bound to implement the contract and when called upon the successful Bidder shall duly execute an agreement in accordance with the draft agreement and the Schedule of Conditions, but the written acceptance by the Client, of a Bid itself shall constitute a binding contract between the Owner, and the Bidder, irrespective of whether such formal agreement is subsequently executed or not. The contractual agreement should be signed within 15 days from the date of the LOA issued.

25. Retention Money:

In addition to the Performance Bond in the form of Bank Guarantee as required under Clause No.23 above, as a further security for the due fulfillment of the contract by the Civil Contractor, 5% of the value of the work done shall be deducted by the Owner / Client from each payment to be made to the Civil Contractor until the retention money amounts to a maximum of 2.5% of the contract sum of the work. Upon the Client/ Architect’s certificate of Virtual completion of the works, 50% of the retention money would be refunded and the balance after due completion of all obligations under the contractual agreement and one year defects liability period commencing from the date of taking over by the Owner / Client or after the last notified defect pointed out had been rectified, whichever is later. Such retention amounts retained by the Client shall not bear interest.

26. Adjustment of Compensation: All compensation or any other sums of money that may be payable by the Civil Contractor to

the OWNER / CLIENT under the terms of this Contract may be duly adjusted / deducted from either cash retention amount or by call of Performance Bank Guarantee if the amount so permits and the Civil Contractor shall, unless such deposit has become otherwise payable, within ten days after such deduction make good in cash the amount so deducted.

27. Assigning or giving on Sub-contract: No portion of the Contract shall be given on subcontract except with the prior written consent

of the Owner / Client. In case of breach of these conditions, the Client may serve a notice in writing on the Civil Contractor rescinding the Contract whereupon the Performance Bond and retention money as contemplated in clause 23 & 25 above shall stand forfeited to the Client without prejudice to his any other remedies / recourses against the Civil Contractor.

28. MAIN CIVIL CONTRACTOR’S RESPONSIBILITY

The MAIN CIVIL CONTRACTOR is the single point of contact with OWNER / CLIENT and

PMC. The MAIN CIVIL CONTRACTOR shall be responsible overall for the entire planning,

organising, executing, supervision, control and close coordination with all SUB-

CONTRACTORs in order to complete & commission of works within the stipulated contract

period of TWENTY FOUR MONTHS. The MAIN CIVIL CONTRACTOR’s work schedule and

timelines shall take into account together all the activities of each and every SUB -

CONTRACTOR along with the MAIN CONTRACTOR’s work Plan should be so as to

integrate all the activities in a harmonious and cohesive manner. It is within the

comprehensive scope of MAIN CONTRACTOR that all the parallel / sequential activities

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17

shall be well planned / organised from the kick start to the ultimate Completion of the Works

and also during the Defects Liability Period.

29. Changes in Design :

The Civil Contractor shall carry out all the works strictly in accordance with Drawings, details and instructions of the Client /Architect If, in the opinion of the Architect changes have to be made in the design and with the prior approval in writing of the Client they desire the Civil Contractor to carry out the same, accordingly the Contractor shall carry out the same without any extra charges other than the unit rates applicable. The Client /Architect’s decision in such cases shall be final and binding on the Civil Contractor.

30. Bill of Quantities: A Schedule of Probable Quantities in respect of each trade of work is covered in Part – II.

Individual items in the Schedule of Probable Quantities is subject to alteration without any pre-specified limit to extent of such variations by way of omissions, deductions or additions at the discretion of the Owner or Architect, but the value of all variations shall not exceed + 25 % of the Contract value. Each item should contain not only the rates but also the value of each item of work entered in the amount column and all the items should be totaled in order to show the aggregate value of the entire Bid. The value of each item worked out shall be rounded off to nearest Rupee ignoring any paise value which is below fifty.

31. Collection of Information for Bid: The Bidder must obtain for himself on his own responsibility and at his own expense all the

information which may be necessary for the purpose of making his Bid and for entering into a contract and must examine the Drawings and must inspect the site of the work and acquaint himself with all local and site conditions, means of access to the work, nature of the work, nature of soil conditions, availability of any infrastructure and all matters appertaining thereto. Any ignorance about the site conditions on the part of Bidder shall never ever be accepted by the Client as a basis for any claim for compensation.

32. Rate to include :

The rates quoted in the Bid shall include all charges for clearing of site before commencement as well as after completion, water, electric charges, double scaffolding, CENTRING , boxing, staging, planking, shoring, strutting, underpinning, timbering and pumping out water including continuous bailing by any suitable methods including well point de-watering, fencing, hoarding, plant and equipment, storage sheds, watching and lighting by night as well as day including Sundays and Holidays, temporary plumbing and electric supply, protection of the public and safety of adjacent roads, streets, cellars, vaults, ovens, pavements, walls, houses, buildings and all other erections, matters or things and the Contractor shall take down and remove any or all such centring , scaffolding, staging, planking, timbering, strutting, shoring etc., as the occasion shall require or when ordered so to do, and fully reinstate and make good all matters and things disturbed during the execution of work to the satisfaction of the Client /Architects . The quoted rates shall also include all incidental charges and all charges for taking all applicable insurance policies such as CAR policy, Workman’s compensation, Third Party Liability, Transit policy etc. The rates quoted shall be deemed to be for the finished work to be measured at site.

The Bidder shall note that the makes of materials mentioned in the Bid document are intended for use on work. Any other equivalent product shall be considered only (i) if the specified product is not under production or (ii) if qualified/trained personnel are not available as applicators and (iii) subject to the alternative product satisfying the specified technical and operational parameters and (iv) subject to express and written prior approval of the Client/Architect. The rate should include in the quoted rates the cost of travel and accommodation for a maximum of three persons representing Client/ARCHITECT for being present at the place of testing at manufacturer’s factory / assembly shops, whether in India or abroad for any works if necessary.

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The Bidder should note that unless otherwise stated, the Bid is strictly on item rate basis and his attention is drawn to the fact that rates for each and every item should be correct, workable and self-supporting. The quantities in the Schedule of Quantities approximately indicate the total extent of work but may vary to any extent and may even be omitted thus altering the aggregate value of the Contract Sum. No claim shall be entertained on this account.

33. Time Schedule: Time allowed for carrying out the work as mentioned in the Memorandum in the Bid form shall

be strictly observed by the Contractor and it shall be reckoned from 15 days from the date of issue of LOA. The successful Bidder shall prepare and submit a detailed work programme within 15 days from the date of LOA issued, before commencing work, which shall be approved by the Client / Architect. The work shall throughout the stipulated period of the Contract be proceeded with all due diligence and if the Contractor fails to complete the work within the specified period, he shall be jointly and severally with his partners, associates and agents etc. liable to pay liquidated damages (not as penalty) as defined in clause 43.of the Conditions of Contract The progress achieved shall be as per Section-7 – Appendix.

34. No Compensation to Contractor: The Contractor shall not be entitled to any compensation for any loss suffered by him on

account of delays in commencing or executing the work, whatsoever may be the cause of delays, including delays arising out of modifications to the work entrusted to him or in any sub-contract connected therewith or delays in selection & nomination of agencies for other trades of the project or in commencement or completion of such works or in procuring Government controlled or other building materials or in obtaining water and power connections for construction purposes or for any other reasons whatsoever and the Client shall not be liable for any claim in respect thereof. The Client does not accept any liability for any amount besides the contract rates.

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

the job even though such item(s) is or are not included in the quantities and rates. The Client / Architect shall issue schedule of instructions in respect of such additional items and their quantities in writing with the prior consent in writing of the Client.

36. Co-operation with other Contractors: The successful Bidder must co-operate with the other Sub Contractors appointed by the Client

so that the work shall proceed smoothly without hindrance or delays and to the satisfaction of the Client / Architects.

37. Specification :

The successful Bidder should note that all the works shall be carried out strictly in accordance with the Indian Standard specifications / specifications made by the Client /Architect and also in compliance to the requirements of the local/ public authorities and to the requirements of Client and no deviation on any account shall l be permitted.

38. WATER SUPPLY & POWER Water supply

Water suitable for construction, drinking shall be arranged by the MAIN CONTRACTOR at

his own cost and risk for the entire period of his contract, including his direct subcontractors..

Water to be used at site shall be tested at MAIN CONTRACTOR’s expense whenever

instructed by CLIENT / PMC. Water test report shall be submitted by the MAIN

CONTRACTOR to PMC for records prior to the first supply. Bore well, wells or any other

source of water available at site shall not be allowed for MAIN CONTRACTOR’s use.

Temporary UG Sumps or above Ground Sumps shall be constructed at site on the locations

allocated on the logistic plan prepared and submitted by the MAIN CONTRACTOR and

approved by the CLIENT/ PMC for storing the water at MAIN CONTRACTOR’s own

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19

expense. Water shall be distributed for his SUB CONTRACTORS for their works through

temporary ring mains for all the locations through an approved routing by the CLIENT/PMC.

Power

MAIN CONTRACTOR shall be responsible to arrange power at his own cost and risk for the

entire period of his contract including his direct sub-contractors. Diesel generators to the

required capacity and to suit the construction programme shall be at site from day one of the

site activity starts along with standby DG’s in place according to the requirement. Diesel

Generator operator along with fuel, tools and tackles, spares should be ready to manage the

situation on 24x7 basis. Temporary DG’s on the locations allocated on the logistic plan

prepared and submitted by the MAIN CONTRACTOR and approved by the CLIENT/ PMC

for power supply at MAIN CONTRACTOR’s own expense. Power shall be distributed for his

SUB CONTRACTORS for their works through temporary ring mains for all the locations

through an approved routing by the CLIENT/PMC.

39. Telephone Facilities:

The Contractor shall make his own arrangements for telephone facility with required number

of extensions including E-mail for the works and shall pay all charges for local calls in connection with the same during the execution of the work at his cost within quoted rates.

40. Compliance of Safety Code: The Contractor shall strictly comply with the provision of safety code and safety manual

annexed hereto. The Contractor shall keep the CLIENT fully indemnified against any claims or liabilities arising out of Contractor’s lapse in safety practices.

41. Forfeiture of Performance Bond & Retention Money: The amount covered by Performance Bond Bank Guarantee of the successful Bidder and the

Retention Money retained by the CLIENT under clause 23 & 25 of these instructions shall be forfeited if the Contractor fails to comply with any of the stipulated conditions of the Contract.

42. Plant, Machineries, Equipments etc.: The successful Bidder / Contractor shall mobilize all the plant, machineries, equipments etc.

that are required to adhere to the time schedule of various activities and events as per Bar Chart / PERT Chart well in advance. All Bidders shall enclose a list of those items and numbers required in each item, considered adequate to keep up / adhere to the programme schedule.

43. Mobilization Advance: Payment of mobilization advance not exceeding 10% of the contract value in two equal

installments in a phased manner shall be made upon furnishing necessary Bank Guarantee for full advance amount required in the prescribed format. The first installment equal to 50% of the total advance required shall be payable within 15 days of issue of LOA subject to signing of agreement and furnishing Bank Guarantee for the full advance amount well ahead to complete required formalities. Such advance shall be recovered at the rate of 10.50% simple interest per annum.

The other instalments shall l be paid upon substantial mobilization at site to the satisfaction of

Client /PMC and on certification by Architect. The advance amount for the main work shall be adjusted by way of recovery in six equal

instalments, from the payment of work done, effecting from second running account bill onwards. The Bank Guarantee shall remain valid till recovery of full advance.

44. Secured Advance:

No secured Advance shall be paid for any materials delivered at site.

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45. Program Schedule:

The Contractor shall draw a detailed schedule of programme in the form of PERT CHART for the whole works, within fifteen days after the Letter of Award issued for the works and duly submit the PERT CHART to the Client /Architect for approval.

46. Field Laboratory:

The contractor shall maintain a field Laboratory for testing of materials as given in Technical Specifications.

47. Contract sum:

The accepted contract sum as stipulated in the Letter of Award of work based on the Schedule of Quantities and accepted unit rates shall be considered for the purpose of determination of amount for Performance Bond, deductions of Retention Money and determination of percentage amount for liquidated damages.

48. Quote Rate only: Quote Rate only (QRO) rates are negotiable at the time of evaluation of Bids. Negotiated and accepted rates will be applicable as and when the item is operated. Any discount offered by the Bidder will be applicable to QRO rates also. These items should be operated only with the prior approval of the CLIENT.

49. Alternative/Additional Items

The rates and amounts for the alternative items if any specified in the Schedule of Probable quantities shall be filled in without which the Bid will not be considered. The CLIENT reserves the right to adopt any of the alternative items, either during scrutinizing and deciding upon the Bid or later on when the works are being executed.

For additional items where rates are not available in BOQ, mutually accepted rates would be adopted.

50. Appendix: Bidder shall furnish the following in the prescribed format indicated against each along with the Bid.

Methodology and Quality Assurance & Quality Control – Appendix - `B’

Schedule of Plant & equipment including Field Lab. equipment for testing/Quality Control. to

be handled during execution.

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Appendix –C in the format appended below.

S.No. Particulars of plant, machinery, equipment etc.

Unit

1. Concrete mixers with capacity

a. Mobile weigh batcher Double drum – Swing type

Nos.

b. Concrete batching plant – 50 Cum capacity.

Nos.

2. Vibrators

a. Needle type Nos.

b. Pavement / slab type Nos.

3. Concrete – cube testing equipment with capacity

Nos.

4. Scaffolding

a. Tubular steel H.units

5. Shuttering

a. Steel Sqft

b. Timber

6. Pumps with type and capacity Nos.

7. Air compressor Nos.

8. Welding, bar cutting and bending equipment

Nos.

9. Hoisting with capacity Nos.

10. Generator Nos.

11. Other items

a. Power trowel Nos.

b. Tower crane Nos. c). Weigh batcher d). Cranes i) 5 Ton Nos. ii) 10 Ton Nos. iii) Higher Capacity Nos. 7. Gantry girders

Schedule of site Management Staff – Appendix - `D’

51. Qualifying Criteria Detail of compliance with Qualification requirements should be submitted as called for in

Qualifying criteria in Part I-C. Insufficient information or non-furnishing of details that have been asked for will be grounds for disqualification. Particular attention of the bidder is invited to Format ‘I’ of Part I – C concerning information on Status of Litigations, if any.

The CLIENT / Authorized Representatives’ reserves the right to verify any part of the

information furnished by the bidder in the Document for Qualification without any prejudice to the terms and conditions of the Contract. The bidder is deemed to have given his consent for the right of verification by the CLIENT when the bidder submits the particulars called for in the document for qualification.

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52. Headings:

All headings and marginal notes in any part of BID document are solely for the purpose of facilitating reference and giving concise indication and not a summary of the contents thereof, and they shall never be deemed to be part thereof or be used in the interpretation or construction thereof or of the contract.

I / We hereby declare that I/We have read and understood the above instructions for the guidance of Bidders.

Place : Date : Signature of Bidder

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SECTION - IV

CRITERIA FOR SUBMISSION AND EVALUATION OF BID

The Bidder shall note that this Bid should contain the following particulars listed in S.Nos1 to 5. 1) Covering Letter, 2) Earnest Money Deposit in the format as stipulated in a separate envelope. 3) Signed and sealed Bid documents shall comprise of

Part 1 – A Contract Data and Conditions of Contract (in duplicate)

Part 1 - B Technical Specifications

Part 1 - C Prequalification Criteria (in duplicate)

Part - II Price Bid (in duplicate)

Any other document / enclosure in support of response to Part I – A, Part I – B and Part 1-C shall be enclosed along with the technical bid (Cover1).

4) All Bid drawings shall be stamped and returned (Bid drawings may be submitted in separate envelope but super-scribed as “Bid Drawings Returned”).

5) All technical submissions required at various parts of the Bid but not limited to the following

(It is bidder’s responsibility to ensure that all requirements of submittals as called for in Bid documents are complied with) :-

a) Part – I of the Bid document, consisting of Part – I(A, B & C) with complete

supporting documents should be submitted in a separate sealed cover stating on the top of the cover as “Technical Bid” with the name of the Bidder and the name of the works on top left hand corner.

b) All technical statements such as methodology for executing the works (apart from

covering Civil and allied works, the method statement is also required from the Bidders on how DSCs will be monitored including co-ordination with independent specialist agencies, QA / QC, monitoring the progress so as to achieve completion by scheduled target date).

c) Organization Chart of Technical and Support personnel to be exclusively assigned

for this project at Head Office and at site with details on how Head Office and Site coordination / support shall take place. These charts should also include full details of persons with their names, qualification and experience not only to carry out the items of work contained in the Bid documents

d) Procedures for QA / QC at all stages of the project for all trades of the civil work.

e) Procurement plan with time schedule for procurement including sourcing details with

supporting documents.

f) List of panel for Direct Sub-contractors, vendors etc. for specialized works such as waterproofing, anti-termite treatment, granite and marble works, aluminum doors, windows, steel doors, fire resistant doors, hardware fittings etc. with details of their capabilities, details of the projects executed by them etc.

g) Labour histogram at various stages of the project, trade-wise.

h) List for Supervisory staff, with full Curriculum Vitae, period of deputation,

responsibilities assigned etc.

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i) Cash Flow Forecast month wise statement to be enclosed in Cover 2 ‘Part II-Price Bid’ only and NOT in Cover 1 ‘Part 1 – Technical Bid).

j) The Banker’s certificate should bring out specifically, the financial strength of the

Bidder to sustain the required cash flow / initial capital, working capital and other investments required for executing this work within the time schedule.

k) Equipment to be deployed for this project at site including date of deployment,

period during which equipment would be deployed including age and condition of equipment, source etc.

l) Detailed time schedule with break-up from start to finish (the Time Schedule

furnished in the Bid document is to be taken as a guideline). The bidder is expected to progressively elaborate on this and submit a detailed minute schedule along with linkages to quantity / rate of production / out - turn and labour deployed.

m) Details of form work to be assigned at site including specific details on the nature of

form work, propping scheme, any special features thereof, sourcing of formwork etc. The bidder is expected to specifically give details as to how to achieve the required construction cycle for concreting of successive floor slabs, keeping in mind that at no time, prior to 28 days of casting, the slab in question is left unsupported after de-shuttering and get exposed to the risk of sustaining imposed construction load from slab at higher levels. The propping scheme for this condition must be spelt out clearly.

n) Any other submissions which not listed above, but which may have been called for

in any other part of this Bid documents (Bidder has to verify and ensure compliance of such requirements). Bidder is also required to verify and include items listed in “Check list of submission – Section IX of Part I - A, which is not listed above.

6) Specialist independent contractors for electrical & mechanical and other works shall be

inducted progressively. The major specialist contractors are expected to be inducted within 8 / 10 weeks from the date of issue of Letter of Award of Civil Contract and non-critical specialist contractors within 16 / 20 weeks from the date of issue of Letter of Award of Civil Contract. The bidder shall carefully note this aspect while drawing the time schedule for overall completion including specialist works within the specified time schedule.

7) In particular, the attention of the bidders is drawn to the financial and legal status for which

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

8) Likewise, if it comes to the notice of the OWNER / CLIENT that the bidder has suppressed any material information or furnished any false misleading or inaccurate information, or in case whether any litigation which is currently in progress at the time of submission of bids lead to the decree by any Court of Law against the bidder, the OWNER / CLIENT reserves the right to immediately nullify the qualification and as such disqualify the bidder at any stage of the project. If such information becomes available to the OWNER / CLIENT prior to issue of Letter of Intent, the bidder shall be forthwith disqualified and shall not be considered for award of works, even though the bidder is eligible for LOA. If any such information comes to the knowledge of the CLIENT after the award of work, the CLIENT reserves the right to terminate the Contract unilaterally without any notice at the total cost and risk of the bidder and such action would include, but not limited to, forfeiture of all deposits, guarantees etc. furnished by such bidder in any form. The OWNER / CLIENT also reserves the right to recover any Retention Money, Guarantees submitted, including by way of invoking the Performance Bond.

9) The bidder shall be deemed to have waived their rights, if any, that they may have or

perceive to have as a result of their not being pre-qualified and shall not hold the Owner for any loss they may have suffered due to their bid not being pre-qualified.

10) The second part of the Bid, namely Part - II (Price Bid) (Original and duplicate) should be

submitted in a separate sealed cover superscripting “Cover 2 – Part II – Price Bid”.

TIDEL, Chennai Part 1 – A: Conditions of Contract

25

The Owner / Client shall l decide the time and place of opening of the Price bid and the names of bidders whose Price bid shall be opened subject to the bidders being qualified on the basis of the method of evaluation described elsewhere in this section.

11) Both the covers, i.e. Cover 1 and Cover 2 should be put in another cover, which should also be sealed and super-scribing the name of work, Bid Part No., and name of Bidder.

12) Evaluation Method: The method of evaluation shall consist of three stages:

i First Stage: In this stage, the Cover – 1 containing the EMD will be opened. If EMD is not submitted or is deficient, OOwwnneerr reserves the right to reject the entire Bid of the concerned bidder and tthhee BBiidd ssuubbmmiitttteedd bbyy aannyy BBiiddddeerr wwhhoo hhaass bbeeeenn

tteerrmmiinnaatteedd iinn aannyy oonnee ooff hhiiss pprreevviioouuss CCiivviill WWoorrkk // CCoonnttrraacctt wwiillll nnoott bbee ccoonnssiiddeerreedd ffoorr

ffuurrtthheerr eevvaalluuaattiioonn..

ii Second Stage: If the EMD submitted is acceptable, evaluation shall be done on the Technical Bid in order to assess whether the substantive response has been submitted by the Bidders with respect to the basic pre-qualification criteria and the queries in the bid document have been substantially addressed and whether it’s supported by documentary evidence as called for.

iii Third Stage: In the Third and final stage, the PRICE BID of only those BIDDERS

who satisfy the basic eligibility criteria and have substantively responded to queries. in the second stage i.e. the bidder who has complied with the tender conditions in full and the lowest price bid will be chosen as the Lowest Bidder for the award of works, subject nevertheless to the, rights of Owner , to call for any clarifications and negotiations with the Lowest Bidder before the award of work. Owner reserves the rights to negotiate with next eligible bidder in case the price bid of the lowest Bidder is found to be unreasonable.

13) If it is found that the Bidder having been selected on the basis of his submissions and

supporting documents thereof in Technical bid, but after Award of Contract or during execution, his commitments of resources / levels of performance falls short from what has been promised in the technical bid, Owner reserves the right to take any one or more of the following actions, as it deems fit and necessary :

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

b) Engage another vendor/ Direct Sub-Contractor / supplier / sub-agency directly by OWNER, if it is assessed that the selected Civil Contractor deviated from the commitments made in the Technical bid. OWNER may even directly pay to such parties and recover relevant costs from Civil Contractor.

c) In case the material procurement is not conforming to the technical submissions / technical specifications of the bid, OWNER, reserves the right to procure materials directly at the cost and risk of the Civil Contractor and instruct the Civil Contractor to use such materials so procured without any costs or compensation to the Civil Contractor, and recover such costs incurred by OWNER, from the Civil Contractor.

d) Engage additional any labour either directly or through sub-contractors, if it is seen that the Contractor fails to perform as committed in his technical bid, at the cost and risk of the Contractor.

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

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14) OWNER , reserves the right to annul the process of Bidding or to accept or to reject all or any of the Bids without thereby incurring any liability to any applicant or any obligation to inform any participant of the grounds for its action or assigning any reasons whatsoever thereof.

15) The Bidder hereby agrees to abide by OWNER’s decision with respect to eligibility criteria

and on all matters pertaining to this bid and undertakes not to resort to any actions either Legal or otherwise against the OWNER, in this regard, including direct / indirect canvassing / influencing etc., Violation of this clause shall lead to summary disqualification of the specific bidder without any reference to them.

Signature of Bidder

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SECTION - V

CONDITIONS OF CONTRACT (DEFINITIONS AND INTERPRETATIONS) 1. Interpretation clause

In construing these Conditions, the Technical Specifications, Schedule of Quantities and Contract Agreement, the following words shall have the meanings herein assigned to them, except where the subject or context otherwise requires specifically.

(a) "CLIENT"/ “CLIENT“shall mean TIDEL park Limited, Chennai (TIDEL, Chennai) and shall

include its ASSIGNS and successors.

(b) "Contractor"/”General Builder” / “Main Civil Contractor" shall mean ................ . . . . . . . . .

In the case of ............................................

a partnership ............................................

............................................... trading as partners in the name and style of

...............................................

............................................... and having a place of business at

............................................... and shall include the partners for the time being of the said firm

and the legal representatives of a deceased partner.

In the case of "Contractor" mean Shri......................... individual trading in the name and style of

...............................................

...............................................

............................................... and shall include his heirs, successors and legal representatives.

In the case of "Contractor" shall mean.......................

company ..................................................

a company incorporated under .................. and having its registered office at ........ and shall

include its successors and permitted assigns. 2. Definitions

The contract document consists of the Agreement, General Instructions, Notice Inviting Tender, General Conditions of the Contract, Special Conditions Technical Specifications and Schedule of quantities, suggested PERT CHART / bar chart, Bid drawings including all modifications thereof incorporated in the document before the execution and the Contract Drawings prepared by the Architect from time to time. All these documents together shall form the contract.

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The CLIENT TIDEL PARK LIMITED, Chennai.

The Architect and Structural Consultant

M/s. C.R. Narayana Rao Consultants Private Limited, Chennai

The Contractor / Civil Contractor The successful bidder after evaluation

All those mentioned as such in the Agreement and shall include their legal representatives, assigns or successors. They are treated throughout the Contract Document as if each were of the singular number and masculine gender. "The Site" shall mean the site of the contract works including any building and erections thereon and any other land allotted by the OWNER / CLIENT for Contractor's use. The term "Sub-Contractor", as employed by main contractor herein, includes those having a direct contract with the Main Contractor and it includes anyone who furnishes material worked to a special design according to the plans or specifications of this work, but do not include any one who merely furnishes material but not so worked. Any one doing any part of the works on a piece rate basis shall be deemed a Sub-Contractor. The Term specialist contractor shall include such specialist agencies selected by the CLIENT and inducted as a Specialist contractor of any particular trade, and shall be known as (for example) as “structural glazing contractor” selected to execute External cladding and structural glazing works, “external façade access contractor “ selected to execute the supply and installation of façade access system, “Plumbing contractor “selected to execute water supply and sanitary system and so on as detailed in the Part II Bills of quantities. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an office of the corporation for whom it is intended or if delivered at or sent by registered mail to the last business address known to him who gives the notice. The term "Work" of the Contractor or Sub-Contractor includes labour or material or both. All time limits stated in the contract document are of the essence of the contract. The law of the place of work shall govern the construction under this contract. The date of virtual completion of a project or specified area of a project is the date when construction is sufficiently completed, in accordance with the Contract Documents as modified by any change or variation orders agreed to by the parties, so that the CLIENT can occupy the project site for the use it was intended.

The word 'Client' finds elsewhere in the Bid documents/agreement is the term used to address the OWNER / CLIENT by the Architect/Contract or to indicate the link between the two. The words ‘Bidder’ shall mean the short listed construction agency / agencies who submitted his Bid for the works. 3. Contract Document The following documents shall constitute the contract document. I. Bid Form II. Articles of Agreement. III. General Instructions & Notice Inviting Tender IV. Conditions of Contract and Appendixes. V. General Specifications and Particular Specifications VI. Bills of Quantities. VII. Special Conditions VIII. Bid drawings duly signed by the Bidder. IX. Suggested PERT CHART / Bar Chart accepted by the Bidder or Bidder’s alternate / detailed

bar chart accepted by the OWNER / CLIENT.

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X. Any Letters and documents including the covering letter of the Bidder, minutes of meetings, if any, post bid and Pre-bid and the letter of Award by the CLIENT.

The Contract Document is just complementary. What is called for in any one of the documents shall be as binding as if it has been called for by all. The Contract Document shall remain in the custody of OWNER, so as to be available at all reasonable times for the inspection of the Contractor. Immediately after the execution of the contract one copy of the Contract Document and two copies of the Contract Drawings shall without charge be supplied by the OWNER, to the Contractor and one copy of the Contract Document to the Architect / CLIENT's Engineer. As soon as is possible, after the execution of this contract, two copies of the Specifications, descriptive schedule or other like document necessary for use in carrying the work shall without charge be supplied by the Architect to the Contractor. Provided, that nothing contained in the said Specifications, Descriptive schedule or other document shall impose any obligation beyond those imposed by the Contract Document, namely by the Contract Drawing, the Articles of Agreement and these conditions and General Instructions and Notice Inviting Bid. After the award of the Contract, the Contractor shall without charge be supplied with all such further drawings and details as may be prepared by the Architect, from time to time, as the work proceeds as are reasonably necessary either to explain or amplify the Contract Drawings or to enable the Contractor in order to carry out and complete the work in accordance with these Conditions. Provided - all such drawings shall be a reasonable development of the work described in the Contract Document. The Contractor shall keep one copy of the Specifications, Descriptive schedule or other like document referred to in this clause and one copy of the Contract Drawing and such other drawings and details supplied to him from time to time and referred to in this clause and written instructions referred to in clauses 10, 17 and 32 upon the site so as to be available to the Architect/CLIENT’S ENGINEER or their representative at all reasonable times. None of the documents hereinbefore mentioned shall be used by the Contractor for any purpose other than this contract and neither the CLIENT nor the Architect shall divulge or use except for the purpose of execution of this contract and any of the prices in the contract bills. Upon final payment under the clause 33 of these conditions the Contractor shall, if so requested by the Architect, forthwith returns to the Architect all Drawings, Details, Specifications, Descriptive Schedule and any other Document of similar nature which bears his name or that of the Consultant. 4. Type of Contract The Contract shall be an item-rate contract. The Contractor shall be paid for the actual quantity of work done, as measured at site, at the rates earlier quoted by him, in the Contract Bills. 5. Schedule of Quantities The schedules of Quantities given in Contract Bill are only provisional and are meant to indicate the intended size of the work and to provide an uniform basis for Bidding. The OWNER / CLIENT reserves the right to increase or decrease any of the quantities or to totally omit any item of work and the Contractor shall not claim any extra charges or damages based on these grounds. Where the Civil Contractor has not quoted against and entered the bid, for item / items in the Schedule of Quantities and the bid had been accepted on the basis that the cost of the item / items of work was included in the rates of other items of the bid and thereafter compared with other bids to ensure uniform basis of bidding and comparison, then, the Civil Contractor shall execute the full quantity of the said item / items in the Schedule of Quantities at his own cost without charging anything extra. If the said item / items of work cannot be executed in full for any reason, the value of such work / works to the extent not executed as assessed by the Architect/CLIENT’S ENGINEER shall be deducted from any bills, notwithstanding the fact that the contract sum of the value of work done exceeds or decreases from the value of work at the time of award of work. The decision of the CLIENT / Architect / CLIENT’S ENGINEER in all such cases shall be final and binding on the parties.

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Any variation either by addition or deletion in any of the items required by the CLIENT during

execution of work shall be based on the unit rates quoted. Any error in description or in quantity or omission of items from the Contract document shall not vitiate this Contract but shall be treated as only a variation. 6. Contract Drawings In general the Drawings shall indicate dimensions, position and type of construction; the Specifications shall indicate the qualities and the methods; and the Bill of Quantities shall indicate the quantum of work and the rate for each item of work. Any work indicated on the Drawings and not mentioned in the Specifications or vice versa shall be furnished as though fully set forth in both. The same interpretation shall apply between Bills of Quantities and Drawings. Work not specifically detailed, called for, marked or specified shall be the same as similar parts that are detailed, marked or specified. The Contractor's works shall not deviate from the Drawings and the Specifications. The Architect's interpretation of these documents shall be final and binding on the Contractor. Any errors or inconsistencies discovered in the Drawings and Specifications shall be promptly brought to the attention of the Architect/CLIENT’S ENGINEER, through the Engineer-in-charge, for interpretation or correction. Any local conditions, which may affect the works, shall likewise be brought to the Architect's/CLIENT’S ENGINEER’s attention. If at any time, it is discovered that work is being done which is not in accordance with the Contract Drawings and Specifications, the Contractor shall correct the work immediately. Corrections of defective work shall not be a basis for any claim or for extension of time. The Contractor shall not carry on work except with the knowledge of the CLIENT’S ENGINEER. Figured dimensions on the Scale Drawings and large size details shall govern. Large size details shall take precedence over small scale drawings. Any work done before receipt of such details, if not in accordance with the same, shall be removed and replaced or adjusted, as directed by the Architect/CLIENT’S ENGINEER without any expense to the CLIENT. All of the general conditions shall apply with equal force to all the work including authorized extra works. All drawings, Bills of Quantities and Specifications and copies thereof furnished by the Architect are the CLIENT’s property. They could be used on any other work only with the prior and express mutual consent of the Architect/CLIENT. Bar bending schedule(s) for reinforcement steel shall, if requested by the CLIENT/Architect/CLIENT’S ENGINEER, be furnished to the CLIENT/Architect/CLIENT’S ENGINEER at least fifteen days prior to the fabrication of such reinforcement. 7. Contract Sum The Contract sum shall not be adjusted or altered in any way whatsoever otherwise than in accordance with the provisions of these conditions, and subject to clause 5 of these conditions. Any error whether Arithmetic or otherwise in the computation of the Contract Sum shall be deemed to have been accepted by the concerned parties hereto. 8. Contract Bills The quality and quantity of the work included in the contract sum shall be deemed to be that which is set out in the Contract Bills, which Bills unless otherwise expressly stated in respect of any specified item, shall be deemed to have been prepared in accordance with the principles of the standard method of measurement of building works, last before issued by the Bureau of Indian Standards, but save as aforesaid nothing contained in the Contract Bills shall override, modify or affect in any way whatsoever the application or interpretation of that which are contained in these conditions. Any error in description or in quantity or any omission of items from the Contract Bills shall not vitiate this Contract, but shall be corrected and deemed to be a only variation required by the Architect/CLIENT’S ENGINEER.

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9. Scope and Intent Scope_: The general character and the scope of the work is illustrated and defined by the Specifications and the Bills of Quantities herewith attached and by the signed Drawings. If the Contractor shall find any discrepancy in or divergence between the Contract Drawings and/or the Contract Bills, he shall immediately give to the CLIENT / Architect /CLIENT’S ENGINEER a written notice specifying such discrepancy or divergence noticed and the CLIENT / Architect / CLIENT’S ENGINEER shall issue appropriate instructions to the Contractor in regard thereto. Extent_: The Contractor shall carry out and complete the work in every respect in accordance with stipulations of this Contract and with the relevant directions of and to the reasonable satisfaction of the CLIENT / Architect/CLIENT’S ENGINEER. The Architect may in his absolute discretion, from time to time, issue through CLIENT’S ENGINEER further drawings, details and/or written instructions, written directions and written explanations, all of which are collectively referred to as Architect's instructions. All such Drawings and instructions shall be consistent with Contract Document, true developments / progressive elaborations thereof and be reasonably inferable there from. Intent_: The intention of the Document is to include all the labour and materials, equipment and transportation necessary for the proper execution of the works. All such drawings and instructions shall be consistent with the Contract Document, true developments thereof and reasonably inferable therefrom. Materials of work described in words which so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards. 10. Architects Instructions The Contractor shall forthwith comply with and duly execute any works comprised in such instructions issued to him by the Architect/CLIENT’S ENGINEER in regard to any matter in respect of which the Architect/CLIENT’S ENGINEER is expressly empowered by these conditions to issue instructions, provided always that verbal instructions, directions and explanations given to the Contractor or his work representative by the Architect/CLIENT’S ENGINEER shall if involving a variation shall be confirmed in writing. If, within seven days after receipt of a written notice from the Architect/CLIENT’S ENGINEER, requiring compliance with an instruction, and the Contractor does not comply therewith, the CLIENT may employ and pay any other persons to execute any such work whatsoever, which may be necessary to give effect to such instructions and all costs incurred with such employment shall be recoverable from the Contractor by the CLIENT, as a debt or may be deducted by OWNER from any monies due or to becomes due to the Contractor under this Contract. Upon receipt of what purports to be any instructions issued to him by the Architect /CLIENT’S ENGINEER, the Contractor may request the Architect / CLIENT’S ENGINEER to specify in writing the provision of these conditions which empowers the issue of the said instruction. The Architect/CLIENT’S ENGINEER shall forthwith comply with any such request, and if the Contractor shall thereafter comply with the said instruction, then the issue of the same shall be deemed for all practical purposes of this Contract to have been empowered by the provision of these Conditions specified by the Architect in the answer to the Contractor's request. All such instructions issued by the Architect /CLIENT’S ENGINEER shall be in writing. Any instruction issued orally shall be of immediate effect, but shall be confirmed in writing by the Contractor to the Architect /CLIENT’S ENGINEER within seven days, and if not dissented from in writing by the Architect / CLIENT’S ENGINEER to the Contractor within seven days from receipt of the Contractor's confirmation shall take effect as from the expiration of the latter said seven days. Provided, always, that if the Architect/CLIENT’S ENGINEER within seven days of giving such an oral instruction shall himself confirm the same in writing, then the Contractor shall not be obliged to confirm as aforesaid, and the said such instruction shall take effect as from the date of the Architect's/CLIENT’S ENGINEER confirmation and further-

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Provided, always that, if neither the Contractor nor the Architect/CLIENT’S ENGINEER shall confirm such an oral instruction in the manner and at the time aforesaid, but the Contractor shall nevertheless complied with the same, then the Architect/CLIENT’S ENGINEER may confirm the same in writing at any time prior to the issue of the Final Certificate, and the said instruction shall thereupon be deemed to have taken effect on the date on which it was issued. 11. Facilities and Co-operation In the case of works indicated on the Drawings, but not included in the contract, the Contractor shall provide necessary facilities and co-operation for any Sub-Contractor or supplier who may be approved by the OWNER / CLIENT. The Contractor shall do all cutting, filling or patching of his work that may be required to make its several parts come together properly and is fit to receive or be received by work of any other Contractors shown upon or reasonably implied by the Drawings and Specifications for the completed structure, and he shall make good after them as the Architect/CLIENT’S ENGINEER may direct. Any cost caused by the defective or ill-timed work shall be borne by the party responsible therefor. The Contractor shall not endanger any work by cutting, excavating or otherwise altering the work and shall not cut or alter the work of any other Sub-Contractor save with the consent of the Architect/CLIENT’S ENGINEER. 12. Setting out The Architect/CLIENT’S ENGINEER shall determine any lines, levels which may be required for the execution of the work and shall furnish to the Contractor, by way of accurately dimensioned drawings and such information so as to enable the Contractor to set out the Work at ground level. The Contractor shall set out and level the work and shall be responsible for the accuracy of the same. He shall provide all the instruments and attendance required by the CLIENT’S ENGINEER/Architect or the Engineer-in-charge for checking the work. He shall, entirely at his own cost, amend to the satisfaction of the Architect/CLIENT’S ENGINEER or the Engineer-in-charge, of any error that has been found at any stage, which may arise through any inaccurate setting. 13. Site Visit Before Bidding, the Contractor should have visited and examined the site and satisfied himself as to the nature of the existing roads or other means of access / communication and the character of the soil and of the excavations, the correct dimensions of the work and the required facilities for obtaining any special articles called for in the Contract Document and should have obtained generally his own information on all matters that may affect the continuation and progress of the works. No extra charges made in consequence of any misunderstanding or incorrect information on any of these points, or on the grounds of insufficient description, shall l be allowed. Should the Contractor after visiting the site, find any discrepancies, omissions, ambiguities or conflicts in or among the Contract Document, or be in doubt as to their meaning, he shall bring those questions to the Architect's/ CLIENT’S ENGINEER’s attention, in the pre bid meeting itself. Possession The Contractor shall be allowed admittance to the site on the 'Date of Commencement' stated in the appendix and he shall thereupon and forthwith begin the work and shall regularly / consistently proceed with works and complete the same on or before the 'Date of Completion' stipulated in the appendix, subject nevertheless, to the provision for any extension of time hereinafter contained. Treasure: Any Treasures, Coins or objects of Antiquity, which may be found at site shall be promptly handed over to the CLIENT then and there.

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14. Samples and Shop Drawings: After the award of the Contract, the Contractor shall furnish for the approval of the CLIENT’S ENGINEER/ Architect, with such promptness so as to cause no delay in his work or in that of any other Sub-Contractor, samples and shop drawings required by the specifications or by the Architect/CLIENT’S ENGINEER. Samples shall be delivered as directed by the Architect. A schedule giving dates for the submission of samples shall be included in the schedule described under clause 15. Unless specifically authorized, all samples must be submitted for approval within fifteen days of signing the Contract and not less than thirty days before the date of the particular work involved is scheduled to begin. The Architect shall check and approve such samples, with reasonable promptness only for conformity with the design concept of the project and for compliance with the information in the Contract Documents. The Work shall be executed in accordance with the approved samples. 15. Progress Chart: The Contractor shall prepare programme charts in the form of PERT CHART and submit the same for approval of the CLIENT / Architect /CLIENT’S ENGINEER and for his record within fifteen days of the Award of the Contract. The charts shall indicate the expected date of commencement and completion of each of individual items of the work and shall be in a form approved by the Architect. The chart shall also indicate the scheduling of samples, Shop Drawings and approvals. 16. Access for Architect/ CLIENT’S ENGINEER /CLIENT to the Works The Architect / CLIENT’S ENGINEER/ CLIENT and his / their authorized representatives shall at all reasonable times have access to the Works and to the workshops or other places of the Contractor where work is being prepared for the Contract and when work is to be so prepared in workshops or other places of a Sub- Contractor (whether or not a nominated Sub-Contractor as defined in clause 28 of these Conditions) the Contractor shall have a term in the Sub-contract so as to secure a similar right of access to those workshops or places for the Owner / Architect and his representatives and shall do all things reasonably as may be necessary to make such right effective. 17. Architects/CLIENT’S ENGINEER Status and Decisions :

The Architect/CLIENT’S ENGINEER shall be the CLIENT’s representative during the Construction Period. The Architect/CLIENT’S ENGINEER shall have sufficient staff at site to monitor the progress of the work and quality of the work and to determine in general if the work is proceeding in accordance with the Contract Document. They shall be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work and they shall be responsible to ensure that the Contractor executes the construction works in accordance with the Contract Document. During such visits and on the basis of his observations, while at the site, he shall keep the CLIENT informed of the progress of the work, shall make every endeavor in order to guard the OWNER / CLIENT against any defects and deficiencies in the work of the Contractor and he shall condemn any work which fails to conform to the Contract document. They shall have authority to act on behalf of the CLIENT only to the extent expressly provided in the Contract Document or otherwise in writing which shall be shown to the Contractor. They shall have authority to stop the work, whenever such stoppage may be necessary in his reasonable opinion to ensure the proper execution of the Contract. The Architect/CLIENT’S ENGINEER shall be, in the first instance, the interpreter of the Contract Conditions and the judge of its performance. He shall side neither with the CLIENT nor with the Contractor, but shall use his wisdom and powers under the Contract in order to enforce its faithful performance by both. Decision_: The CLIENT’S ENGINEER/Architect shall within a reasonable time make decisions on all claims of the CLIENT or the Contractor and all other matters relating to the execution and progress of the work or the interpretation of the Contract Document.

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The Architect, with the approval of the CLIENT, may issue and from time to time any further Drawings, Details and/or any written instructions, written directions and written explanations in regard to : A. Variation or modification of the design. B. The quality or quantity of works of the additions or omission or substitution of any work. C. Any discrepancy in or divergence between the Drawings and / or specifications. D. The removal and/or re-execution of any works executed by the Contractor. E. The dismissal from the works of any persons employed thereon. F. The opening up for inspection of any work covered up work. G. The amendment in otder to make good of any defects under Defects Liability Period. H. The removal from the site of any materials brought thereon by the Contractor and the

substitution of any other material therefor. I. Assignment and giving on sub-contract J. Assessment of any delay beyond stipulated contract period, and either grant of any extension of

time or levy of liquidated damages. K. The postponement of any work to be executed under the provisions of this Contract. Dismissal_: The Contractor shall, on the request of the CLIENT’S ENGINEER/ Architect immediately dismiss from the works any person employed thereon by him, who may in the opinion of the Architect/CLIENT’S ENGINEER, be incompetent or misconducts himself and such person shall not be again employed on the work without the permission of the CLIENT’S ENGINEER/Architect. 18. Performance Bond The Contractor shall deposit with the CLIENT for due performance of the Contract a Bank Guarantee for a sum equal to that referred to in clause no. 23 of General Instructions and Notice inviting Tender as "Performance Bond" before issue of work order for the work. Intimation as to selection of Bid for acceptance shall however be made to the successful Bidder. The Performance Bond shall be in the form of Bank Guarantee as approved by the CLIENT and shall remain so deposited with the CLIENT till the end of Defects Liability Period of one year after satisfactory completion as referred to clause no. 23 of General Instructions and Notice inviting Bid. The said Performance Bond in the form of Bank Guarantee shall indemnify the CLIENT against any loss from any defects arising from any cause under this Contract or due to the failure of the Contractor to promptly carry out any work related matters arising out of tis this Contract. 19. Engineer-in-charge The term " Engineer-in-charge" shall mean the representative of the CLIENT’S ENGINEER/ CLIENT/Architect and acting under the orders of the CLIENT’S ENGINEER/Architect to inspect the works in the absence of the Architect; the Contractor shall afford the Engineer-in-Charge every facility and assistance in order to inspect the works and materials and for checking and measuring time and materials. Neither the Engineer-in-Charge nor any other representative of the CLIENT’S ENGINEER / Architect shall have power to set out works or to revoke, alter, enlarge or relax any requirements of the Contract or to sanction any day work, additions, alterations, deviations or omissions or any extra work whatever, except in so far as such authority may be specially conferred by a written order of the CLIENT’S ENGINEER/ Architect.

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The Engineer-in-Charge or any representative of the CLIENT’S ENGINEER/Architect, shall have power to give notice to the Contractor or to his representative of non-approval of any work or materials and such work shall be suspended forthwith or the use of such materials shall be discontinued, until the decision of the Architect is obtained. The works shall, from time to time be examined by the Architect/CLIENT’S ENGINEER, the Engineer-in-Charge or the other Architect's representative, but such examination shall not in any way exonerate the Contractor from the obligation to remedy any defects which may be found to exist at any stage of the works or after the same is completed. Subject to the limitation of this clause, the Contractor shall take instructions only from the Architect. 20. Contractor field organization and Equipment Resident Engineer:

The Contractor shall constantly keep on his work during its progress one or more qualified and competent Resident Engineer who will be responsible for carrying out of the works to the true meaning of the Drawings, Specifications and Schedule of the Quantities, Architects/CLIENT’S ENGINEER instructions and directions to their satisfaction. Any directions or instructions given to him by the Architect shall be deemed to have been issued to the Contractor. Attention is called to the importance of obtaining instructions from the Architect before undertaking any work where Architect's directions or instructions are required. Any such work done in advance of such instructions will be liable to be removed. Equipment: The Contractor shall provide and install all necessary cranes, hoists, ladders, scaffolding, tools, tackles, plants, dewatering equipment, shoring, strutting etc., all transport for labour, materials and plant necessary for the proper execution and completion of the works to the satisfaction of the OWNER / Architect/CLIENT’S ENGINEER. Office Accommodation: The Contractor shall provide, erect and maintain where directed, simple water-tight office accommodation for the representatives of the OWNER and Architects staff members. This accommodation shall be well illuminated and ventilated and provided with windows, doors with locks and a Telephone. The office shall be suitably sized and Air conditioned, and shall have desks, chairs and drawers in order to keep documents / files / drawing and tack board to display drawings. The accommodation shall be demolished when directed. Detailed specifications are given in Clause: 17 of Section VI of special conditions/instructions and also as per the tender drawings. Watchmen: The Contractor shall make his own security arrangements in order to guard the Site and premises at all times, at his own expense. The security arrangements shall be adequate to maintain strict control on the movement of men / machines / materials and labour. The Contractor shall extend the security arrangements to guard the materials stored and/or fixed on the premises by the Sub-Contractors. Storage of Materials: The Contractor shall provide, erect and maintain proper sheds for the storage and protection of the relevant construction materials etc. and also for the execution of Works which may be prepared on the Site. Sanitary Conveniences: The Contractor shall provide and erect all necessary sanitary convenience for the Site staff and the workmen maintain it in an orderly and hygienic condition and regularly clean and deodorize the ground after removal.

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Telephone: The Contractor shall provide a separate Telephone for the works site office and shall pay all relevant charges for local calls in connection with the same during the execution of the Work until formal handing over of Works to OWNER. Scaffolding, Staging, Guardrails: The Contractor shall provide scaffolding, staging, guardrails, temporary stairs which shall be required during construction. The support for the scaffolding, staging, guardrails and temporary stairs shall be strong, adequate for the specific requirements of context / situation. The temporary access to the various parts of the Building under construction shall be rigid and strong enough to eliminate any chance of mishaps. The arrangements proposed shall be subject to the approval of the Architect. House Keeping : The Contractor shall be required to maintain the site and surroundings in a neat and orderly manner, free of from accumulated debris, haphazard stacking of materials, unhygienic and unsafe environment, maintain site clean at all levels inside and outside, removal of unwanted materials, packing cases etc., shall be undertaken at least once on daily basis. The Contractor shall nominate the Safety Officer who shall be responsible for housekeeping. 21. A) Safety Code and Safety Rules Contractor shall maintain readily accessible place for first aid appliances including adequate supply of sterilized dressings, cotton wool and required basic medications. Any injured person shall be taken to a public hospital without loss of time, in cases where the injury necessitates hospitalization. Suitable and strong enough scaffolds should be provided for workmen for all works that cannot safely be done from ground. No portable single ladder shall be over 8 meters in length. The width between the side rails shall not be less than 30 cm. (clear) and the distance between two adjacent rungs shall not be more than 30cm. When a ladder is used an extra worker / labour shall be engaged in order to hold the ladder to ensure safety of worker who climbs on the ladder. Any excavated material shall not be placed within 1.5 Meters of the edge of the trench or half of the depth of trench whichever is more. All the trenches and excavations shall be provided with necessary / adequate fencing and lighting. Every opening on the floor of any building or in any working platform shall be provided with suitable means to prevent the fall of persons or materials by providing suitable fencing or railing whose minimum height shall be one metre. No floor, roof or other part of the structure shall be so overloaded with debris or materials as to render it unsafe. Workers employed on mixing and handling material such as asphalt, cement mortar or concrete and lime mortar shall be provided with protective footwear and rubber hand-gloves. Those engaged in welding works should be provided with welder's protective eye-shields and gloves. All persons at site shall wear shoes and protective safety helmets which are approved for use at construction sites. No paint which contains lead or lead products shall be used except in the form of paste or readymade paint. Suitable facemasks should be provided for the workers when the paint is applied in the form of spray or surface having lead paint dry rubbed and scrapped.

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Overalls shall be supplied by the Contractor to the painters and adequate facilities shall be provided to enable the painters to wash at cessation of working hours. Hoisting machines and tackle used in the works, including their attachments, anchorage and supports shall be maintained in perfect working condition with effective preventive maintenance in place. The ropes used for hoisting or lowering material or as a means of suspension shall be of durable quality and more than adequate strength and free from any defects. B) SAFETY RULES TO BE FOLLOWED BY THE CONTRACTOR DURING EXECUTION OF

WORK: 1. All the staff working at site shall l wear helmets. 2. All electrical equipment used by the Contractor shall l have double earthing and shall l be

connected through an ELCB. 3. No temporary electrical connections with loose wire shall be permitted. For all electrical

connections, proper sockets and plugs shall be used and wiring / cabling are clamped. 4. Electrical hand tools like drilling machine shall be be of 220 volts type. 5. ELCB's shall be used wherever power & electrical connections are taken by the Contractor. 6. Firefighting portable extinguishers will be used and suitably located at appropriate locations for

quick access. 7. All staff working at heights shall mandatorily use safety belts and standard platforms with one

metre height railing. 8. All the staff working shall almost always wear shoes. 9. All electricians shall be technically qualified and shall possess wiremen's licence. 10. Standard ladders shall be used (i.e.: nonstandard ladders are not permitted). 11. Inflammable materials like Petrol, Kerosene, Wax etc., shall not be allowed to be stored at site

stores. Special storage space with fire protection arrangements shall be provided. 12. Each Sub-Contractor shall keep a well-equipped FIRST AID box suitably located for easy

accessibility. Respiratory protective equipment should be available with the Contractor. 13. Welding mechanics operators and electricians shall wear rubber gloves. 14. Protection equipments like Ear Muffler, Goggles, Gloves, Safety Belt, Safety Helmet, Rubber

Shoes, etc., should be used always without exceptions and should be always available adequately in Contractor's stores.

15. Use of asbestos is strictly prevented. 16. If correct manual handling is not practiced it could result in back injuries. Therefore all workers

should be well trained in safe manual handling. Special objects require special handling. 17. All scaffolding shall be of steel and double stage. 18. Contractors have to ensure that all equipments and tools brought on to the premises shall be

in a safe condition which has recently been checked and that all personnel using the equipments and tools have been adequately trained in their safe use.

19. Contractor have to ensure that whilst on site premises, everyone at site shall comply with all

applicable health and safety legislations.

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20. All the platforms, scaffolding and catwalks should have railings of 1 Mt. height and 100 mm toe

board. All the catwalks should be minimum 450 mm wide and of grill type. All ladders should have hand rails.

21. HAND BOOK ON HEALTH AND SAFETY AT WORK: The Contractors to do work in the project shall follow the guide lines given in the hand book on

health and safety at work site appended herewith (Model rules for protection of Health and Sanitary arrangements) during execution.

22. Payment to Local Bodies

All payments to local bodies and towards ESI, PF etc., and for adhering to Contract Labour Laws shall be borne by the Contractor .

23. Statutory obligations, notices, fees and charges

The Contractor shall comply with and give all notices as required by any Government authority, and applicable rules or orders made under any Act of Parliament or State Legislature or any Administrative Circulars / Regulations or Bye-laws of any local authority related to the work or with whose system the same is or will be connected with. The Contractor, before making any variation from the Contract Drawings or Contract Bills necessitated by such compliance, shall give to the Architect/CLIENT’S ENGINEER a written notice specifying and giving reasons for such variations and the Architect may issue instructions in this regard thereto. If within 15 days of having given the said written notice the Contractor does not receive any instructions from thee Architect in regard to the matters therein specified, then, he shall proceed with the work conforming to the Act of Parliament, or State Legislature instrument, rule, order, regulations or Bye-law in question and any variation thereby necessitated shall be deemed to be a variation required by the Architect/CLIENT’S ENGINEER.

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

24. Royalties and patent rights: Any royalties or other sums payable in respect of the supply and use in carrying out the Work as desired by or referred to in the Contract Bills of any patented products or , processes or inventions, shall be deemed to have been included in the Contract sum, and the Contractor shall indemnify the OWNER / CLIENT from and against any claims, proceedings, damages, costs and expenses which may be brought or made against the OWNER / CLIENT or to which he may be put by reason of the Contractor infringing or being held to have infringed any patent rights in relation to any such products, processes and inventions. This clause shall apply equally to Trademarks and Copyrights 25. Licenses and Permits for Materials under Government control Licenses and Permits for all materials under Government control shall be obtained by the Contractor through the collaboration and help of the CLIENT, the Contractor shall include in his Bid all transport charges and any other expenses likely to be incurred in order to bring those materials to the Site. 26. Water for construction The Contractor shall make application for metered water service at the point approved by the Architect/CLIENT’S ENGINEER and shall pay for all fees in connections with such service and shall pay the supplying authority for all water utilized prior to the completion of the Works. The Contractor shall also provide for any temporary service piping and taps as required for his use on the work, and remove the same upon completion.

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If the Contractor proposes to make his own arrangements for the supply of water other than from the supply authority, he shall furnish at his cost the water analysis report to the Architect/CLIENT’S ENGINEER for his approval before any use at the construction work. 27. Assignment or giving on sub-contract The Contractor shall not, without the written consent of the Architect/CLIENT’S ENGINEER, assign the whole or any part of the Contract and shall not without the written consent of the Architect/CLIENT’S ENGINEER (which consent shall not be unreasonably withheld to the prejudice of the Contractor) be given on sub-contract any portion of the work. 28. Independent Specialized Contractors & Nominated Sub Contractors (NSC) (a) For the following specialized trades, it is the intention of OWNER to prequalify specialized

agencies from which the OWNER shall directly invite Bids on the basis of separate bid documents for each specialist trade which has to be prepared by the Architects. OWNER shall select the individual contractor for each of the trade as listed below:

i) Lifts

ii) Electrical Installation (HT & LT)

iii) Diesel Generator Sets

iv) Fire Protection System

v) Air-conditioning & Mechanical Ventilation

vi) Telecom system

vii) Integrated Building Management System

(b) Independent agencies for different trades, selected after finalizing all the terms and

conditions, both commercial and technical shall be inducted at appropriate stages to do work under the OWNER after signing an agreement directly with them

(c) As soon as the induction is conveyed to the Civil Contractor by the CLIENT upon

identification of the independent specialist agency for each trade, the Civil Contractor shall immediately incorporate that into the overall project time schedule, detailed time schedule governing the works of the specialist agency so as to ensure overall completion smoothly as originally stipulated.

.(d) The Civil Contractor shall also ensure cooperation and coordinated / synchronized planning

and execution of all related Specialist works as per instructions and directions of the CLIENT / Architect / CLIENT’S ENGINEER so that any obstruction, interference, rework and any other conflicts among concerned specialists’ works and with Civil works shall not occur at any stage and work proceeds smoothly ,simultaneously or sequentially as planned and harmoniously. The Civil Contractor for this purpose shall draw necessary coordination action plan for the review and approval of the CLIENT / Architect/ CLIENT's Engineer and upon their approval shall ensure that all relevant agencies adhere to the coordinated action plan through regular periodic review, reporting and taking effective counter-measures in case of any slippages in any of the activities.

28.1 Direct Sub Contractor (DSC)

There is no bar on the Civil Contractor executing DSC works directly, subject to complying with stipulated performance criteria as per tender and subject to prior approval of OWNER.

(a) Specialist works such as anti-termites, water proofing, Post tensioning, plumbing, external

façade, structural glazing, landscape and signage works etc., which are covered within the Civil Contract work and any other areas of work identified by the CLIENT / Architect / CLIENT’S ENGINEER shall be executed by specialist agencies engaged by the Civil Contractor as Direct Sub-Contractors on approval of the CLIENT after adopting the required procedures given below.

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(b) Names of at least three and up to a maximum of five specialized sub-agencies for each work

shall be proposed at the time of submission of Bid itself along with the details of scope, experience, financial standing etc. Such sub-agencies shall be called Direct Sub Contractors (DSC). The CLIENT / Architect / CLIENT’S ENGINEER shall have the authority to call for any additional information as may be required to assess the capability of Direct Sub Contractors or even to inspect their previous works for fully satisfying himself on the competency of the Direct Sub Contractors. The CLIENT, thereafter shall convey its approval to the Civil Contractor for selection of Direct Sub Contractors, minimum being one number per trade or in the event of a special need for engaging more than one such specialist, up to a maximum of three in each trade. The Bidder shall engage only such approved Direct Sub Contractor/s. If CLIENT / Architect /CLIENT’S ENGINEER is not satisfied with the capacity and experience of the Direct Sub Contractor proposed by the Civil Contractor, then, the CLIENT/Architect shall have the right to nominate any specialized agency / agencies of their choice, whom the Civil Contractor shall be bound to engage forthwith. The decision of the CLIENT / Architect / CLIENT’S ENGINEER in identification and selection of Direct Sub Contractor shall be final and binding on the Civil Contractor. If, during execution, the performance of any such Direct Sub Contractor is found to be unsatisfactory, the CLIENT shall reserve the right to terminate any such Direct Sub Contractor and nominate any alternative specialized agency in order to continue with the works. The Civil Contractor shall comply with such instructions promptly and effectively.

(c) All the terms and conditions under this Contract shall be equally enforceable on the Direct

Sub Contractors for each specialized trade and accordingly the Civil Contractor shall have a direct tie up relationship with each of the Direct Sub-Contractors.

(d) Direct Sub Contractor shall further be governed as under: (e) That the Architect / CLIENT’S ENGINEER and his representative shall have right of access to

the workshops and other places of the Direct Sub- Contractor as mentioned in clause 16 of these conditions.

(f) That the Civil Contractor shall retain from the sum directed by the - ARCHITECTS/CLIENT’S

ENGINEER having been included in the calculation of the amount stated as due in any certificate issued under clause 33 of these conditions in respect of the total value of work, materials or goods executed or supplied by the Nominated Direct Sub-Contractor / Direct Sub-Contractor, the percentage of such value named in the appendix to these conditions as percentage of certified value retained up to a total amount not exceeding a sum which bears the same ratio to the Sub-Contract price as the un-reduced sum named in the appendix to these conditions as limit of Retention Fund bears to the Contract sum; and that the Civil Contractor's interest in any sums so retained (by whomsoever held) shall be fiduciary as trustee for the Nominated Direct Sub-Contractor / Direct Sub-Contractor (but without obligation to invest); and that the Nominated Direct Sub-Contractor's / Direct Sub-Contractor’s beneficial interest in such sums shall be subject only to the right of the Civil Contractor to have recourse thereto from time to time for payment of any amount which he is entitled under the Sub-Contract to deduct from any sum due or to become due to the Nominated Direct Sub-Contractor; and that if and when such sums or any part thereof are released to the Nominated Direct Sub-Contractor / Direct Sub-Contractor they shall be paid in full if paid within 14 days of the date fixed for their release in the Sub-Contract.

(g) Before issuing any certificate under clause 33 of these conditions the

ARCHITECTS/CLIENT’S ENGINEER may request the Civil Contractor to furnish reasonable proof that all amounts included in the calculation of the amount stated as due on previous certificates in respect of the total value of work materials or goods executed or supplied by any Nominated Direct Sub-Contractor / Direct Sub-Contractor have been duly discharged and if the Civil Contractor fails to comply with any such request the ARCHITECTS/CLIENT’S ENGINEER shall issue a certificate to that effect and thereupon the CLIENT may himself pay such amounts to any Nominated Direct Sub-Contractor concerned and deduct the same from any sums due or becomes due to the Civil Contractor.

(h) The Contractor shall not grant to any nominated Sub-Contractor any extension of the period

within which the Sub-Contract work or (where the Sub-Contract works are to be completed in sections) any section thereof is to be completed without the written consent of the Architect/CLIENT’S ENGINEER. Provided, always, that the Contractor shall inform the

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Architect/CLIENT’S ENGINEER of any representation made by the nominated Sub-Contract work or any section thereof and that the consent of the Architect shall not be unreasonably with-held.

(i) If any nominated Sub-Contractor fails to complete the Sub- Contract work or (where the

Sub-Contract works are to be completed in sections) any section thereof within the period specified in the Sub-Contract or within the extended time granted to the Contractor by the CLIENT, and IF the same ought to have been completed reasonably, then, the Architect/CLIENT’S ENGINEER shall certify in writing accordingly. Any such certificates shall be issued to the Contractor and immediately upon issue the Architect/CLIENT’S ENGINEER shall send a duplicate copy thereof to the nominated Sub-Contractor.

(j) Where the Contractor in the ordinary course of his business directly carried out works for

which Prime Cost or Provisional Sums are included in the Contract Bills and the Architect /CLIENT’S ENGINEER is prepared to receive Bids from the Contractors for such items, then the Contractor shall be permitted to Bid for the same or any of them, but without prejudice to the CLIENT's right to reject the lowest or any Bid. If the Contractor's Bid is accepted, he shall not further assign the work to anyone without the consent in writing of the Architect.

(k) It shall be a condition of any Bid accepted under this paragraph that clause 32 of these conditions shall apply in respect of the Item Work included in the Bid as if for the reference therein to the Contract Drawings and the Contract Bills there were references to the equivalent documents included or referred in the Bid.

(l) The Contractor shall afford general attendance upon Sub-Contractors including free use of

plant scaffolding and allow them the use of sanitary conveniences, storage facilities for storing materials, other amenities and affording them all reasonable facilities for carrying out their Contracts.

29. Prime Cost: The following provisions of these conditions shall apply where Prime Cost sums are included

in the Contract Bills or arises as a result of CLIENT’s/Architect's/CLIENT’S ENGINEER’s instructions given in regard to the expenditure of provisional Sums in respect of any materials or goods to be fixed by the Contractor.

Such sums shall be understood to mean the net cost to be defrayed as a Prime Cost after deducting any trade or other discount and shall include all applicable and legal taxes and duties and the cost of all special packing, carriage and delivery but excluding GST.

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

That the materials or goods to be supplied shall be to the reasonable satisfaction of the CLIENT / Architect.

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

Where the materials or goods have been used or fixed such defects are not such that

examination by the Contractor ought to have revealed them before using or fixing. Such defects are due solely to defective workmanship or material in the goods supplied and

shall not have been caused by improper storage by the Contractor or misuse or by any act or neglect of either the Contractor, the Architect or the CLIENT or by any person or persons for whom they may be responsible.

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That delivery of the materials or goods supplied shall be commenced and completed at such

times intervals as the Contractor may reasonably direct. All payments by the Contract for materials or goods supplied by a Nominated Supplier shall

be in full, and shall be paid within 30 days of the end of the month during which delivery is made.

30. Artists and tradesmen The Contractor shall permit the execution of such work; which is not forming part of this Contract by any artists, tradesmen or others who may be directly engaged by the CLIENT. Every such person shall, for the purposes of clause 47 of these conditions, be deemed to be a person for whom the CLIENT is responsible and not any Sub-Contractor. 31. Separate contracts The CLIENT reserves the right to let other Contractors in connection with the works under similar general conditions. The MAIN Contractor shall afford other Contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and co-ordinate his work with theirs. If any part of Contractor's or Sub-Contractor's work depends for proper execution or results upon the work of any other Contractor, or Sub-Contractor, the MAIN Contractor shall inspect and promptly report any issues to the Architect/CLIENT’S ENGINEER any defects in such work that renders it unsuitable for such proper execution and results. Failure of the Contractor to so inspect and report shall constitute an acceptance of the other Contractor's work as fit and proper for the reception of his work, except as to defects, which may develop in the other Contractor's or Sub-Contractor's work after the execution of the work. To ensure the proper execution of his subsequent work, the MAIN Contractor shall measure the work already in place and shall at once report to the Architect/CLIENT about any discrepancy between the executed work and the Drawings. 32. Variations, Provisional and Prime Cost Sums The Architect/CLIENT’S ENGINEER may issue instructions requiring any variation and sanction in writing any such variation made by the Contractor, otherwise than pursuant to an instruction of the Architect/CLIENT’S ENGINEER. No variation as required by the Architect/CLIENT’S ENGINEER or any variation that’s subsequently sanctioned by him shall vitiate this contract under any circumstances. The term "Variation" as used in these conditions means and implies any alteration or modification of the design, quality or quantity of the work as shown upon the Contract Drawings and as desired by CLIENT or referred to in the Contract Bills, and includes the additions, omissions or substitution of any work, the alteration of the kind of standard of any of the materials or goods to be used in the work, and the removal from the site of any works materials or goods executed or brought thereon by the Contractor for the purposes of the works, which are other than any work, materials or goods which are not in accordance with the stipulations under this Contract. The CLIENT/Architect/CLIENT’S ENGINEER shall issue instructions in regard to the expenditure of Prime Cost and Provisional Sums included in the Contract Bills and of Prime Cost Sums which may arise as a result of instructions issued in regard to the expenditure of Provisional Sums. All variations required by the CLIENT/Architect/CLIENT’S ENGINEER or subsequently sanctioned by him in writing and all work executed by the Contractor for which Provisional Sums are included in the Contract Bills (other than any work for which a Bid made under Clause 28 of these conditions has been accepted) shall be measured and valued by the Architect/CLIENT’S ENGINEER, who shall give to the Contractor an opportunity of being present at the time of such measurement and of taking such notes and his own measurements as the Contractor may require. The valuation of any variations and of work executed by the Contractor for which a Provisional Sum is included in the Contract Bills, (other than work for which a Bid has been accepted as aforesaid) unless otherwise agreed shall be made in accordance with the following rules: The price in the Contract Bills shall determine the valuation of work of similar character executed under similar conditions as work priced therein.

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The said prices, where work is not of a similar character or executed under similar conditions as aforesaid, shall be the basis of prices for the same so far as may be reasonable, failing which a fair valuation thereof shall be made. Where work cannot be properly measured and valued, the Contractor shall be allowed day-work rates on the prices prevailing when such work is carried out (unless otherwise provided in the contract bills): (i) At the rates if any, inserted by the Contractor in the Contract Bills or in the form of Bid or (ii) When no such rates have been inserted, at the rates prevailing in the market for material and labour and at the control rates for the controlled materials including in all cases the rate for delivery of such material at the work. Over and above the rate so worked out, Contractor's overheads and profits @ 15% (Fifteen) percent shall be added and the rate finally arrived for consideration and approval of the CLIENT. The above mentioned percentage has to be added as overheads & profits to the basic rate analysis for new items / additional items of work shall include all site and office overheads & profits of the Civil Contractor, all incidental and connected charges / expenditure, whether direct or indirect, all applicable taxes, duties and levies as mentioned in Clause No.31 of General Instructions and Notice Inviting Tender and similar liabilities which the Civil Contractor may have to incur in the process of completing the said item of work and the said overheads & profits shall also include costs for all infrastructure facilities, amenities, supervision, insurance etc. Provided, that in any case, voucher specifying the time daily spent upon the work (and if required by the Architect/CLIENT’S ENGINEER the workmen's names) and the materials employed shall be delivered for verification to the Architect/CLIENT’S ENGINEER or his authorised representative not later than the end of the week following that in which the work has been executed. The prices in the Contract Bills shall determine the valuation of items omitted, provided that, if omissions substantially vary the conditions under which any remaining items of work are carried out, the prices for such remaining items shall be valued under this clause. Effect shall be given to the measurement and valuation of variations under this condition in Interim Certificates and by adjustment of the Contract Sum; and effect shall be given to the measurement and valuation of work for which a Provisional Sum is included in the Contract Bills under the said Clause in Interim Certificate and by adjustment of the Contract Sum in accordance with clause 33 of these conditions. If, upon written application being made to him by the Contractor, the Architect/CLIENT’S ENGINEER is of the opinion that a variation or the execution by the Contractor of work for which a Provisional Sum is included in the Contract Bills (other than work for which a Bid made under clause 28 of these conditions has been accepted) has involved the Contractor in direct loss and/or express for which he would not be reimbursed by payment in respect of a valuation made in accordance with the rules contained in this Clause of the condition and if the said application is made within a reasonable time of the loss or expense having been incurred, then the Architect shall ascertain the amount of such loss or expense. Any amount from time to time so ascertained shall be added to the Contract Sum, and if an Interim Certificate is issued after the date of ascertainment any such amount shall be added to the amount which would otherwise be stated as due in such certificate. 33. Certificate and payments Interim bills for works shall be prepared by the Contractor based on actual detailed measurements for each item which has to be verified and certified by Architect/CLIENT’S ENGINEER and duly passed on to the OWNER / CLIENT. After scrutiny of bills by the CLIENT’s representative, the Contractor is entitled for payment within the period mentioned in the appendix (Summary of notice inviting bid and conditions of contract). The amount stated as due in an Interim Certificate shall subject to any agreement between the parties as to stage payments, be the total value of the work properly executed and of the materials and goods delivered to or adjacent to the work for use thereon up to and including a date not more than seven days before the date of the said Certificate - less - any amount which may be retained by the

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CLIENT (as provided in this clause of this condition) and –less- any installments previously paid under this Condition, provided that such certificate shall only include the value of the said materials and goods as and from such time as they are reasonably, properly and not prematurely brought to or placed adjacent to the work and then only if adequately protected against weather or other casualties. The CLIENT may retain the percentage of the total value of the work, materials and goods referred to in this clause of this condition which is named in the appendix to these conditions as retention percentage. Provided, always, that when the sum of the amounts so retained equals the amount named in the said appendix as limit of retention fund or that amount as reduced in pursuance of clause 28 of these conditions, as the case may be, no further amounts shall be retained by virtue of this clause. The amounts retained by virtue of this Clause of this Condition shall be subject to the following rules: - The CLIENT's interest in any amounts so retained shall be fiduciary as trustee for the Contractor (but without obligation to invest), and the Contractor’s beneficial interest therein shall be subject only to the right of the CLIENT to have recourse thereto from time to time for payment of any amount which he is entitled under the provisions of this Contract to deduct from any sum due or to become due to the Contractor. On the issue of the certificate of virtual completion, the Architect/CLIENT’S ENGINEER shall issue a certificate for release of one half of the total amounts then so far retained and the Contractor shall be entitled to payment of the amount released within the period for honouring certificate named in the appendix to these Conditions. The measurement and valuation of the work shall be completed within the period of final measurement and valuation stated in the appendix to these Conditions, and the Contractor shall be supplied with a copy of the priced bills of variation not later than the end of the said period and before the issue of the Final Certificate under this Clause of this Condition. Either before or within a reasonable time after Virtual Completion of the work the Contractor shall send to the Architect/CLIENT’S ENGINEER all documents necessary for the purposes of the computations required by these Conditions including all documents. In the settlement of accounts the amounts paid or payable under the appropriate contracts by the Contractor to nominated suppliers the amounts paid or payable by virtue of clause 23 of these Conditions in respect of fees or charges for which a Provisional Sum is included in the Contract Bills, the amounts paid or payable in respect of any insurance maintained in compliance with clauses 48 and 49 of these conditions, the Bid Sum (or such other sum as is appropriate in accordance with the terms of the Bid) for any work for which a Bid made under clause 28 of these conditions is accepted and the value of any work executed by the Contractor for which a provisional sum mentioned in the Contract Bills or arising under Architect's/CLIENT’S ENGINEER instructions issued under clause 32 of these Conditions as the case may be, and the balance, after allowing in all cases pro-rata for the Contractor's profit at the rates shown in the Contract Bills, shall be added to or deducted from the Contract Sum. Provided that no deduction shall be made in respect of any damages paid or allowed to the Contractor by any Sub-Contractor or supplier. So soon as is practicable, but before the expiration of the period the length of which is stated in the appendix to these Conditions, from the end of the Defects Liability Period also stated in the said appendix or from completion of making good defects under clause 44 of these conditions or from receipt by the Architect of the Documents referred to in this Clause of this Condition, whichever is the latest, the Architect/CLIENT’S ENGINEER shall issue the Final Certificate. The Final Certificate shall state: The sum of the amount paid to the Contractor under Interim Certificate and the amount named in the said appendix as limit of Retention Fund, and, The Contract Sum adjusted as necessary in accordance with the terms of these conditions, and the difference (if any) between the two sums shall be expressed in the said Certificate as a balance due to the Contractor from the CLIENT or to the CLIENT from the Contractor as the case may be, and subject to any deductions authorized by these conditions, the said balance shall as from the fourteenth day after the issue of the said Certificate be a debt payable as the case may be by the CLIENT to the Contractor or by the Contractor to the CLIENT.

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The said certificate shall be conclusive evidence in any proceedings arising out of this Contract that the works have been properly carried out and completed in accordance with the terms of this Contract and that any necessary effect has been given to all the terms of this Contract which requires an adjustment to be made to the Contract sum, except and in so far as any sum mentioned in the said certificate is erroneous by reason of: - Fraud, dishonesty or fraudulent concealment relating to the works, or any part thereof, or to any matter dealt with in the said Certificate: or Any defect (including any omission) in the works, or any part thereof which reasonable inspection or examination at any reasonable time during the carrying out of the works or before the issue of the said Certificate could not have been disclosed: or Any accidental inclusion or exclusion of any work, materials, goods or figure in any computation or any inadvertent arithmetical error in any computation. Save as aforesaid, no Certificate of the Architect/CLIENT’S ENGINEER shall be of itself conclusive evidence that any works materials or goods to which it relates are in accordance with this Contract. 34. Claim for Extra When any instruction or decision given at site involves any extra work or where the Contractor may plan to claim an extra, it shall be the responsibility of the Contractor to inform the Architect of any extra amount and get prior written authorization from the Architect/CLIENT’S ENGINEER and or the CLIENT before proceeding with the work involved. Any modification carried out for expediting or simplifying work at the request of the Contractor or his representatives shall not be taken as the basis for claiming an extra. However, if such modification shall also involve an extra, the rate for such modification shall be settled in advance as per procedure in clause (32) above and written authorization obtained by the Contractor from the Architect / CLIENT's Engineer before proceeding with the work involved. If no such information is given by the Contractor in writing to the Architect / CLIENT's Engineer, such modification shall not be accepted as the basis for any extra charge. 35. Deduction for uncorrected work If the Architect/CLIENT’S ENGINEER deems it inexpedient to correct any work that’s damaged or not done in accordance with the stipulations of the Contract, an equitable deduction from the Contract price shall be made therefor. 36. Fluctuations The Contractor shall not claim any extras for any fluctuation of market prices and the Contract Price shall not be subject to any such rise or fall of prices and shall be fixed throughout the tenure of the contract. 37. Unfixed goods and materials Unfixed materials and goods intended for, delivered to and placed on or adjacent to the work shall not be removed except for use upon the work, unless the Architect/CLIENT’S ENGINEER has consented in writing to such removal which consent shall not be unreasonably withheld. Where the value of any such materials or goods has in accordance with clause 33 of these conditions been included in any Interim Certificate under the Contract for which the Contractor has received payment, such materials and goods shall become the property of the CLIENT, but subject to clause 49 of these conditions (if applicable) the Contractor shall remain responsible for any loss or damage to the same. 38. Materials and Workmanship All materials and workmanship shall be as per the relevant code of Indian Standards Specification and of approved type and the Contractor shall immediately remove from the works any material and/or workmanship which in the opinion of the Architect/CLIENT’S ENGINEER are defective

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or unsuitable and shall forthwith substitute with proper materials and/or workmanship at his own cost. The term approval used in connection with this contract shall mean the approval of the Architect. The Contractor shall, if required, submit satisfactory evidence as to the kind and quality of materials. Wherever special makes or brands are called for, they are mentioned as applicable standard. Others materials of equal quality may be used, provided prior approval is obtained in writing from the Architect/CLIENT’S ENGINEER. Unless substitution is duly requested, no deviation from the Specification shall be permitted. Failure to propose the required substitution of any article within 30 days after signing of the Contract shall be deemed as sufficient cause for denial of the request for any substitutions later on. The Contractor shall indicate and submit evidence in writing of those materials or articles called for in the Specifications that are not practically obtainable for installation in the work within the Time Limits of the Contract. Failure to indicate the above, within 30 days after the signing of the Contract, shall be deemed as sufficient cause for the denial of request for the extension of the Contract time later on. All materials shall be delivered well in time so as to ensure a speedy and uninterrupted progress of the work. Such material shall be stored so as to cause no obstruction and so as to prevent overloading of any portion of the structure, and the Contractor shall be entirely responsible for any damage or loss due to weather conditions or any other cause. Within 15 (Fifteen) days after signing the Contract, the Contractor shall submit for approval of the Architect a complete list of all materials he and his Sub-Contractors propose to use in the work of definite brand or make which differs in any respect from those already specified; also the particular brand of any material / article for which more than one brand is specified as the standard. Contractor shall also list items which are not expressly mentioned in the Specifications but which are reasonably inferred as necessary for the completion of the work. Inspection: All materials and workmanship shall be subject to inspection, examination, and test by the Architect/CLIENT’S ENGINEER at any and all times during manufacture and/or construction. The Architect/CLIENT’S ENGINEER shall have the right to reject any defective material and workmanship or require for its correction. Rejected workmanship shall be satisfactorily replaced with proper material without any additional charges there for and the Contractor shall promptly segregate and remove those rejected material from the Works. If the Contractor fails to proceed at once with the replacement of rejected materials and / or the correction of defective workmanship, the Architect/CLIENT’S ENGINEER may, by a separate contract or otherwise, replace such materials and/or correct such workmanship and accordingly charge the cost thereof to the Contractor, after giving reasonable notice to the Contractor to proceed further with the work. The Contractor shall furnish promptly without additional charge all reasonable facilities, labour and materials necessary for the safe and convenient inspection and test that may be required by the Architect/CLIENT’S ENGINEER. 39. Defects The Contractor shall make good at his own cost and to the satisfaction of the Architect,/CLIENT’S ENGINEER all defects, shrinkages or small faults, arising in the opinion of the Architect/CLIENT’S ENGINEER from workmanship or materials quality not being in accordance with the Drawings or Specifications or Schedule of Quantities or the Instructions of the Architect,/CLIENT’S ENGINEER which may appear within "Defects Liability Period" referred to in the appendix. Such defects, shrinkages shall upon directions in writing of the Architect/CLIENT’S ENGINEER, and within such reasonable time as shall be specified therein be corrected and made good by the Contractor, at his own cost, unless the Architect/CLIENT’S ENGINEER shall decide that the Contractor ought to be paid for such amendment and making good and in case of default the CLIENT may employ and pay to any other Contractor in order to amend and make good such defects, shrinkage, settlements or other faults and all damages, loss and expense consequent thereon or incidental thereto shall be made good and borne by the Contractor and such damage, loss or expense shall be recoverable from Contractor by the CLIENT or may be deducted by the CLIENT upon the

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Architect's/CLIENT’S ENGINEER certificate in writing from any amount due or may become due to the Contractor or the CLIENT may, in lieu of such amending and making good by the Contractor deduct from any moneys due to the Contractor a sum to be determined by the Architect/CLIENT’S ENGINEER as equivalent to the cost of amending such work and in the event of the Retention Amount being insufficient to recover the balance from the Contractor, together with any expenses the CLIENT may have incurred in connection therewith. 40. Possession, completion and postponement On the date for commencement stated in the appendix to these conditions possession of the site shall be given to the Contractor who shall thereupon begin the works forthwith and diligently and consistently proceed with the same, and who shall complete the same on or before the stipulated date for Completion in the said appendix, subject nevertheless to the provisions for any extension of time contained in clause 42 of these conditions. The Architect/CLIENT’S ENGINEER may issue specific instructions in regard to the postponement of any work to be executed under the provisions of this Contract. 41. Part Completion If at any time or times before Virtual Completion of the work, the CLIENT with the consent of the Contractor shall take possession of any part or parts of the same as may be needed by the CLIENT due to any exigencies, then notwithstanding anything expressed or implied elsewhere in this Contract:- Such part or parts shall not be deemed to be Virtually Complete. Virtual Completion of such part or parts shall be considered for the purpose of taking over only and subject to the condition that all the relevant provisions under this contract shall be complied with, till the entire work is completed and Architects Certificate is issued to that effect. 42. Extension Upon it becoming reasonably apparent that the progress of the Works is being delayed, the Contractor shall forthwith give written notice of the cause of such delay to the CLIENT’S ENGINEER/Architect, and if in the opinion of the CLIENT’S ENGINEER/Architect, the completion of the Work is likely to be or has been delayed beyond the date for completion stated in the appendix to these conditions or beyond any extended time previously fixed under this clause. By force majeure Or By reason of any exceptionally inclement weather Or By reason of any loss or damage occasioned by any one or more of any contingencies referred to in clause 45 of these conditions Or By reason of civil commotion, local combination of workmen strike or lockout affecting any of the trades employed upon the works or any of the trades engaged in the preparation, manufacture or transportation of any of the goods or materials required for the work Or By reason of Architect's instructions issued under clauses 10, 32 or 40 of these Conditions. Or by reason of the Contractor not having received within due time necessary instructions, drawings, details or levels from the Architect/CLIENT’S ENGINEER for which he has specifically applied in writing on a prior date which having regard to the date for completion stated in the appendix to these conditions or to any extension of time then fixed under this clause was either unreasonably distant from or unreasonably close to the date on which it was necessary for him to receive the same or by any delay on the part of Nominated Suppliers towards which the Contractor has taken all necessarily and practicable steps to avoid or reduce such delay Or By delay on the part of any artists, tradesmen or others engaged by the CLIENT in executing such other work which is not forming part of this Contract. Or By reason of the opening up for inspection of any work covered up or of the testing of any of the work, materials or goods in accordance with clause 38 of these conditions (including making good in consequence of such opening up or testing) –unless, the inspection of such test showed that the work materials or goods were not in accordance with this Contract Or By reason of the Contractor's inability for reason beyond his control and which he could not have reasonably foreseen at the date of this Contract to secure such labour, goods or materials as are essential to the proper carrying out of the works.

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Then, the Architect/CLIENT’S ENGINEER shall, as soon as he is able to, estimate the length of such delay beyond the date or time aforesaid, provide in writing a fair and reasonable Extension of Time for completion of the works, provided always, that the Contractor shall use constantly his best endeavors to prevent any such delay and shall do all that may reasonably be required to the satisfaction of the Architect/CLIENT’S ENGINEER to proceed with the work. 43. Liquidated damages (not as a penalty) for non-completion within stipulated time frame: If the Contractor fails to complete the works within the specified period or within any extended time fixed under clause 40 of these conditions and the CLIENT / Architect / CLIENT’S ENGINEER certifies in writing that in his opinion the same ought reasonably so to have been completed, then - the Contractor shall pay or allow to the CLIENT a sum calculated at the rate stated in the appendix as agreed as Liquidated Damages (not as a penalty) for the period during which the said work shall so remain or have remained incomplete, the CLIENT may deduct such damages from any monies otherwise payable to the Contractor under this Contract. The Bidders are required to submit along with their Bid a preliminary Bar Chart / PERT Chart enumerating break up of all required project activities along with corresponding resource allocation / deployment and planned completion time for various activities in order to arrive at a coordinated completion as per the stipulated completion period taking into consideration of all local weather, site and other relevant prevailing conditions. The progress of work shall be constantly monitored by the CLIENT and Architect. Time is the essence of the contract and the project is time bound. Upon award of work, the successful Bidder shall, in consultation with the CLIENT and Architect/CLIENT’S ENGINEER produce a detailed and final Bar Chart / PERT Chart, indicating physical progress of work against planned progress on a weekly basis. In particular, the Bar Chart / PERT chart should also identify clearly the stage of progress at 3 important milestone dates specified in Appendix: Summary of Notice Inviting Tender and conditions. Upon acceptance of the Bar Chart/ PERT Chart by the CLIENT and Architect/CLIENT’S ENGINEER, the successful Bidder shall strive and always almost maintain the planned progress diligently. If the work is not completed within the stage wise time limit prescribed, in Section VII, Cl.2, and liquidated damages shall be imposed on the Contractor as mentioned in Section VII – Cl.3. 44. Virtual Completion and Defects Liability Period When in the opinion of the Architect/CLIENT’S ENGINEER the Works are practically completed, he shall forthwith issue a certificate to that effect and Virtual Completion of the Work shall be deemed for all the purpose of this Contract to have taken place on the day specified in such certificate. Any defects, shrinkages or other faults which shall appear within the "Defects Liability Period" stated in the appendix to these conditions and which are due to sub-standard materials and defective workmanship which is not in accordance with stipulations of this Contract, those shall be specified by the Architect/CLIENT’S ENGINEER in a Schedule of Defects, which he shall deliver to the Contractor not later than 14 days after the expiration of the said Defects Liability Period and within a reasonable time after receipt of such Schedule the Defects, Shrinkages and any other faults therein specified shall be made good by the Contractor and (unless the Architect/CLIENT’S ENGINEER shall otherwise instruct in which case the Contract Sum shall be adjusted accordingly) entirely at his own cost. Notwithstanding the clause of this Condition, the Architect/CLIENT’S ENGINEER may, whenever he considers it necessary so to do, issue instructions requiring any defect, shrinkages or other fault which may appear within the Defects Liability Period named in the appendix to these conditions and which is due to sub-standard materials and defective workmanship not in accordance with stipulations of this Contract to be made good and accordingly the Contractor shall, within a reasonable time after receipt of such instructions, comply with the same (and unless the Architect/CLIENT’S ENGINEER shall otherwise instruct in which case the Contract sum shall be adjusted accordingly) entirely at his own cost. Provided, that no such instruction shall be issued after 14 days from the expiration of the said Defects Liability Period. When in the opinion of the Architect/CLIENT’S ENGINEER, any defects shrinkages or other defaults which he may have required to be made good under this clause of this Condition shall have been made good he shall issue a certificate to that effect two months after the last notified defect had

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been rectified or the end of defects Liability period, whichever is later, and completion of making good defects shall be deemed for all the purposes of this Contract to have taken place on the day named in such certificates. In no case shall the Contractor be required to make good at his own cost any defects which may appear after the Virtual Completion of the work, unless the Architect/CLIENT’S ENGINEER shall certify that such damage is due to any injury which happened before Virtual Completion of the Works. 45. Loss and expense caused by disturbance of regular progress of the works If upon written application being made by the Contractor to the Architect/CLIENT’S ENGINEER, and IF his of the opinion that the Contractor has incurred in any direct loss and/or expense for which he would not be reimbursed by a payment made under any other provisions in this Contract by reason of the regular progress of the works or of any part thereof having been materially affected by: The Contractor not having received in due time any necessary instructions, Drawings details or Levels from the CLIENT’S ENGINEER/ Architect for which he specifically applied earlier in writing on a date which having regard to the date for completion stated in the appendix to these Conditions, was neither unreasonably distant from nor unreasonably close to the date on which it was necessary for him to receive the same; or The opening up for inspection of any work covered up or the testing of any work or material or goods in accordance with clause 38 of these conditions (including making good in consequence of such opening up or testing), unless the inspection or test showed that the work or materials or goods were not in accordance with stipulations of this Contract; or Any discrepancy or divergence between the Contract Drawings and/or the Contract Bills; or Delay on the part of any of the Artists Tradesmen or others engaged by the CLIENT in executing work which does not forming part of this Contract; or Architect's/CLIENT’S ENGINEER instructions issued in regard to the postponement of any work to be executed under the provisions of this Contract; and if the written application is made within a reasonable time of it becoming apparent that the progress of the work or of any part thereof has been affected as aforesaid : THEN –, the Architect/CLIENT’S ENGINEER shall ascertain the reasonableness and if so admissible, the amount of such loss and/or expense. Accordingly, any such amount from time to time so ascertained shall be added to the amount which would otherwise be stated as due in such certificate. The provisions of this Condition are without prejudice to any other rights and remedies which the Contractor possesses. 46. Payments withheld The Architect/CLIENT’S ENGINEER may withhold, on account of subsequently discovered evidence which nullifies the whole or a part of any certificate already issued to such an extent as may be necessary in his reasonable opinion to protect the CLIENT from loss on account of:

Defective works which have not been remedied ever after instructions. Failure of the Contractor to make payments properly to Nominated or Direct Sub-Contractor or

for materials or labour. A reasonable doubt that the Contract can NOT be completed for the balance then unpaid. Damage to another sub-Contractor or Specialist contractor.

Claims filed on reasonable evidence indicating probable filing of claims.

When the above grounds are removed, payment shall be made for amounts withheld because of these grounds.

47. INSURANCE:

It is the contractor’s responsibility to provide insurance cover for the work, workmen, and any third party liability as may be required and indemnify the CLIENT from any or all claims that may arise out of this contract. CLIENT shall arrange for insurance cover only after handing over of the Project to the CLIENT. Contractor has to provide for all such risks in his bid rates and no compensation on any

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account shall be paid by CLIENT. Force Majeure shall only permit time extension within this bid rates for contract performance as may be approved by CLIENT (Cl.42 of Sec. - V. for conditions of contract) i) The Contractor shall be responsible for any or all injury or damage to persons, animals or things and for any or all damages to property which may arise from any factor of commission or omission on the part of the Contractor or any sub-Contractor or any of their employees for that matter. ii) The liability under this clause shall cover also, inter alia, any damages that may occur to any structures, whether immediately adjacent to the works or otherwise, any damage caused to roads, streets, footpaths, bridges as well as any damage caused to the buildings and other structures and works forming the subject matter of this contract. The Contractor shall also be responsible for any damage caused to the buildings and other structures and works forming the subject matter of this contract due to rain, wind, frost or other inclemency of weather. The Contractor shall indemnify and keep the CLIENT indemnified and as such hold the CLIENT harmless in respect of all and any loss or expenses arising from any such injury or damage to persons or property as aforesaid and also against any claim made in respect of injury or damage, whether under any statute or otherwise and also in respect of any award or compensation or damage, which is consequential upon such claims. iii) The Contractor shall, at his own expense, effect and maintain, till the issue of the virtual completion certificate under this contract, with an insurance company approved by the CLIENT, an All Risks Policy or Insurance Cover, including earthquake risk in the joint names of the CLIENT and the Contractor (the name of the CLIENT being placed first in the policy) against all risks as per the standard comprehensive All Risk Policy for the amount of Contract and deposit ORIGINALS of such policy or policies with the CLIENT before commencing the works. iv) The Contractor shall reinstate all damage of every sort mentioned in this clause so as to deliver up the whole of the works complete and perfect in every respect and so as to make good or otherwise satisfy all claims for damage to any property of third parties.

v) The Contractor shall also indemnify and keep indemnified the CLIENT against all claims which may be made against the CLIENT, by any person in respect of anything which may arise in respect of the works or in consequence thereof and shall, at his own expense, effect and maintain, until the virtual completion of the contract, with an Insurance Company approved by the CLIENT a policy of Insurance in the joint names of the CLIENT and the Contractor (name of the former being placed first in the policy) against such risks and deposit ORIGINALS such policy or policies with the Client, before commencement of the works. The minimum limit of the coverage under the Policy shall be Rs.7 lakhs per person of every accident or occurrence, there being no limit on the number of such accidents or occurrences. vi) The Contractor shall also indemnify the CLIENT against all claims which may be upon the CLIENT, whether under the workmen's compensation Act or any other statute in force, during the currency of this contract or at common Law in respect of any employee of the Contractor or of any Sub-Contractor and shall at his own expense effect and maintain until the Virtual completion of the contract, with an insurance Company, approved by the CLIENT, a Policy of Insurance against such risks and deposit ORIGINALS of such policy or policies with the CLIENT from time to time during the currency of this contract. vii) In default of the Contractor insuring as provided above, the CLIENT may have to insure and may deduct such premiums paid from any moneys due or which may become due to the Contractor. viii) The Contractor shall be responsible for any liability which may not be covered by the Insurance Policies referred to above and also for all other damages to any person, animal or things or due to defective carrying out of this contract, whatever, may be the reasons due to which the damage might have been caused. ix) The Contractor shall also indemnify and keep indemnified the CLIENT against all and any cost, charges or expenses arising out of any claim or proceedings relating to the works and also in respect of any award of damages or compensation arising therefrom. x) Without prejudice to the other rights of the CLIENT against Contractor in respect of such default, the CLIENT shall be entitled to deduct from any sums payable to the Contractor the amount of

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any damages, compensation costs, charges and other expenses paid by the CLIENT and which are payable by the Contractor under this clause. xi) The Contractor shall, upon settlement by the Insurer of any claim made against the Insurer pursuant to a policy taken under this clause, proceed with due diligence to rebuild or repair the works destroyed or damaged. In this event all the monies received from the Insurer in respect of such damage shall be paid to the Contractor and the Contractor shall not be entitled to any further payment in respect of the such expenditure incurred by him in order to rebuild or repair the materials or goods destroyed or damaged. xii) The Contractor, in case of re-building or reinstatement after fire, IF any, shall be entitled to such extension of time for completion as the Architect/CLIENT’S ENGINEER may deem fit, but shall, however, not be entitled to any reimbursement by the CLIENT for any shortfall or deficiency in the amount finally paid by the insurer in settlement of any claim arising as set out herein. xiii) Without prejudice to his liability under this clause, the Contractor shall also cause all direct sub-Contractors to effect, for their respective portions of the works, similar policies of insurance in accordance with the provisions of this clause and shall produce or cause to produce to the CLIENT such policies. In the event of failure of the sub-Contractor to take out such a policy of insurance before commencing the works at the site, the Contractor shall be personally responsible for any such claim or damage attributable to the said sub- Contractor. 48. Injury to Persons and property of CLIENT The Contractor shall be liable for and shall indemnify the CLIENT against any liability, loss, claim or proceedings whatsoever arising under any statute or at common law in respect of any personal injury to or the death of any person whomsoever arising out of or in the course of or caused by the carrying out of the works, unless such claim arises due to any act or neglect directly attributable to the CLIENT or of any person for whom the CLIENT is responsible. Except for such loss or damages as is at the risk of the CLIENT under clause 49 of these Conditions (if applicable) the Contractor shall be liable for and shall indemnify the CLIENT against any expense, liability, loss, claim or proceedings in respect of any injury or damage whatsoever to any property movable or immovable in so far as such injury or damage arises out of or in the course of or by reason of the carrying out of the works, and provided always that the same is due to any negligence, omission or default of the Contractor, his servants or agents or of any Sub-Contractor, his servant or agent. 49. Insurance against injury to Persons and Property Without Prejudice to his liability to indemnify the CLIENT under clause 47 of these conditions, the Contractor shall maintain and shall cause any Sub-Contractor to maintain: Such insurances as are necessary to cover the liability of the Contractor or as the case may be of such Sub-Contractor, in respect of personal injuries or deaths arising out of or in the course of or caused by the carrying out of the work; and Such insurances as may be specifically required by the Contract Bills in respect of injury or damage to property movable or immovable arising out of or in the course of or by reason of the carrying out of the works, and caused by any negligence, errors of commission or omission or default of the Contractor, his servants or agents or, as the case may be of such Sub- Contractor, his servants or agents. The Contractor shall produce or cause any Sub-Contractor to produce for inspection the relevant policy or policies of insurance together with the receipts in respect of premiums paid under such policy or policies as and when required so to do by the Architect, provided always, that as and when may be reasonably required by the Architect the production, by either the Contractor or any Sub-Contractor of a current certificate of insurance from the company or firm which shall have issued the Insurance policy or policies aforesaid, shall be a good discharge of the Contractor's obligation to produce or to cause the production of the policy or policies and the receipts in respect of premium paid. The Contractor shall maintain in the joint names of the CLIENT and Contractor such insurances as may be required in respect of any expense, liability, loss, claim or proceedings which the CLIENT may incur or sustain by reason of any injury or damage to any property, real or personal

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arising out of or in the course of or by reason of the carrying out of the work, and caused otherwise than by the negligence, omission or default of the Contractor, his servants or agents or any Sub-Contractor, his servants or agents. Any such, insurance as is referred to in the immediately preceding paragraph shall be obtained from to be approved by the Architect and the Contractor shall have to deposit with him the ORIGINALS of policy or policies and the receipts in respect of premiums paid, to be scrutinized by the Architect. Should the Contractor or any Sub-Contractor make default in insuring or in continuing to insure as provided in this clauses of this conditions, the CLIENT may himself insure against any such risk with respect to which the default shall have occurred and may deduct a sum equivalent to the amount paid in respect of premiums from any monies due to or becomes due to the Contractor. 50. Insurance of the works against fire etc. The Contractor shall, in the joint names of the CLIENT and Contractor, insure against any loss or damage by fire, storm, tempest, lightning, flood, earthquake, aircraft or anything dropped there from, aerial objects, riot and civil commotion, for the full value thereof all works executed and all unfixed materials and goods intended for, delivered to and placed on or adjacent to the work, but excluding any temporary building plant, tools and equipment owned or hired by the Contractor or any Sub-Contractor and shall keep such work materials and goods so insured until Virtual Completion of the works. Such insurances shall be with specific insurers who are approved by the CLIENT/Architect and the Contractor shall deposit with the CLIENT/Architect the ORIGINALS of policy or policies and the relevant receipts in respect of premiums paid; and should the Contractor commits any defaults in insuring or continuing to insure as aforesaid, the CLIENT may himself insure against any such risk with respect of which the default shall have occurred and deduct a sum equivalent to the amount paid by him in respect of premium from any monies due to or becomes due to the Contractor. Provided, always that, if the Contractor shall independently of his obligations under this contract maintain a policy of insurance which covers (inter alia) the said work, materials and goods against the aforesaid contingencies to the full value thereof, then the maintenance by the Contractor of such policy shall, if the CLIENTs interest is endorsed thereon, be a discharge of the Contractor's obligation to insure in the joint names of the CLIENT and Contractor and the production by the Contractor as and when may reasonably be required by the Architect/CLIENT’S ENGINEER of a current certificate of insurance from the company or firm which shall have issued the said policy shall be a discharge of the Contractor's obligation to deposit with the Architect/CLIENT’S ENGINEER a policy or policies and the receipts in respect of premiums paid.

Upon settlement of any claim under the insurances aforesaid the Contractor with due diligence shall restore any work damaged, replace or repair unfixed materials or goods which have been destroyed or injured, remove or dispose of any debris and proceed with the carrying out and completion of the work. All monies received from such insurances shall be paid to the Contractor by installments under certificates of the Architect issued at the period of interim certificates named in the appendix to these conditions. The Contractor shall not be entitled to any payment in respect of the restoration of work damaged, the replacement and repair of any unfixed materials or goods and the removal and disposal of debris, other than the monies received under the said insurances. All work executed and all unfixed materials and goods intended for, delivered to and placed on or adjacent to the works (except temporary buildings, plant, tools and equipment owned or hired by the Contractor or any Sub-Contractor) shall be at the sole risk of the Contractor as regards to loss or damage by fire, storm, tempest, lightning, flood, earthquake, aircraft or anything dropped there from, aerial objects riot and civil commotion. If any loss or damage affecting the work or any part thereof or any such unfixed materials or goods is occasioned by any one or more of the said contingencies then : The occurrence of such loss or damage shall be disregarded in computing any amounts payable to the Contractor under or by virtue of this Contract. The Contractor with due diligence shall restore work damaged, replace or repair any unfixed materials or goods which have been destroyed or injured, remove and dispose of any debris and proceed with carrying out and completion of the work. The restoration of work damaged the replacement and repair of unfixed materials and goods and the removal and disposal of debris shall be deemed to be a variation required by the Architect/CLIENT’S ENGINEER.

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The existing structure together with all the contents thereof and the works and all unfixed materials and goods intended for, delivered to and placed on or adjacent to the works (except temporary buildings, plant, tools and equipments owned or hired by the Contractor or any Sub-Contractor) shall be at the sole risk of the CLIENT as regards to loss or damage by fire, storm, tempest, lightning, flood, earthquake, aircraft or anything dropped there from, aerial objects, riot and civil commotion, and the CLIENT shall maintain adequate insurance against that risk if any loss or damage affecting the work or any part thereof or any such unfixed materials or goods is occasioned by any one or more of the said contingencies then : The occurrence of such loss or damage shall be disregarded in computing any amounts payable to the Contractor under or by virtue of this Contract. (i) If it is just and equitable so to do the engagement of the Contractor under this Contract may within 28 days of the occurrence of such loss or damage be determined at the option of either party by notice by registered post or recorded delivery from either party to the other. Within seven days of receiving such notice (but not thereafter) either party may give to the other a written request to concur in the appointment of an Arbitrator under clause 53 of these Conditions in order that it may be determined whether such determination will be just and equitable. (ii) Upon the giving or receiving by the CLIENT of such a notice of determination or, where a reference to Arbitration is as aforesaid upon the Arbitrator upholding the notice of determination the provisions of this Clause (except sub- paragraph) (iii) of paragraph (b) of clause 50 of these Conditions shall apply. (iii) If no notice of determination is served as aforesaid or where reference to Arbitration is made as aforesaid, if the Arbitrator decides against the notice of determination then. a. the Contractor with due diligence shall reinstate or make good such loss or damage and proceed with the carrying out and completion of the works. b. The Architect/CLIENT’S ENGINEER may issue instructions requiring Contractor to remove and dispose of any debris; and c. The reinstatement and making good of such loss or damage and (when required) the removal and disposal of debris shall be deemed to be a variation required by the Architect/CLIENT’S ENGINEER. Determination by the CLIENT 51. Default_: If the Contractor shall be deemed to make default in any one or more of the following respects, that is to say:- If he, without reasonable cause, wholly suspends the carrying out of the works before completion thereof or If he fails to proceed regularly and diligently with the works or if he breaches any of the conditions / stipulations of the Contract in any way or If he refuses or persistently neglects to comply with a written notice from the Architect requiring him to remove defective work or improper materials or goods and by such refusal or neglect the work is materially affected. Then the CLIENT/Architect may give him the notice by registered post or recorded delivery specifying the default, and if the Contractor either shall continue such a default for 14 days after receipt of such a notice and shall at any time thereafter repeat such a default (whether previously repeated or not), then the CLIENT without prejudice to any other rights or remedies may within 10 days after such continuance or repetition of default by notice by registered post or recorded delivery forth with determine the employment of the Contractor under this Contract, provided that such notice shall not be given unreasonably. Bankruptcy of Contractor: In the event of the Contractor becoming bankrupt or making a composition or arrangement with his creditors or being a company having a winding up order passed against it or (except for purposes or reconstruction) a resolution for voluntary winding up passed or a receiver or manager of his business or undertaking duly appointed or possession taken by or on behalf of the holders of any

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debentures secured by a floating charge, of any property comprised in or subject to the floating charge, the engagement of the Contractor under this Contact shall be forthwith automatically determined but the said engagement may be reinstated and continued if the CLIENT and the Contractor, his trustee in bankruptcy, liquidator, receiver or manager as the case may be shall so agree. The CLIENT shall be entitled to determine the engagement of the Contractor under this Contract, if the Contractor shall have offered or given or agreed to give to any person any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any action in relation to the obtaining or execution of this Contract with the CLIENT, or for showing or forbearing to show any favour or dis-favour to any person in relation to this Contract or any other Contract with the CLIENT, or if any similar acts shall have been done by any person employed by the Contractor or acting on his behalf (whether with or without the knowledge of the Contractor), or if in relation to this Contract or any other Contract with the CLIENT, the Contractor or any person employed by him or acting on his behalf shall have committed any offence under the Prevention of Corruption Act or shall have given any fee or reward the receipt of which is an offence under any Local Government Act. In the event of the engagement of the Contractor being determined as aforesaid and so long as it has not been reinstated and continued, the following shall be the respective rights and duties of the CLIENT and Contractor. The CLIENT may engage and pay any other persons in order to carry out and complete the works and he or they may enter upon the Works and use all temporary buildings, plant, machinery, appliances, goods and materials intended for, delivered to and placed on or adjacent to the works and may purchase all materials and goods necessary for the carrying out the completion of the Works. The Contractor shall, if so required by the CLIENT or Architect/CLIENT’S ENGINEER within 14 days of the date of determination, assign to the CLIENT without payment of the benefit of any Agreement for the supply of materials or goods and/or for the execution of any works for the purposes of this Contract, but on the terms that a supplier or Sub- Contractor shall be entitled to make any reasonable objection to any further assignment thereof by the CLIENT. In any case, the CLIENT may pay any supplier or Sub-Contractor for any materials or goods delivered or Works executed for the purpose of the Contract (whether before or after the date of determination), in so far as the price thereof has not already been paid by the Contractor. The CLIENT's rights under this paragraph are in addition to his rights to pay any Direct Sub-Contractors as provided in clause 28.1 and payments made under this paragraph may be deducted from any sum due or becomes due to the Contractor. The Contractor shall as and when required in writing by the Architect/CLIENT’S ENGINEER so to do (but not before) remove from the works any temporary buildings, plant, tool, equipments, goods and materials belonging to or hired by him. If, within a reasonable time after, any such requirements have been made and the Contractor has not complied therewith, then the CLIENT may (but without being responsible for any loss or damage) remove and sell any such property of the Contractor, holding the proceeds –less- all costs incurred to the credit of the Contractor. The Contractor shall allow or pay to the CLIENT in the manner hereinafter appearing the amount of any direct loss and/or damage caused to the CLIENT by such determination. Until after completion of the works under this Clause, the CLIENT shall not be bound by any provisions of this Contract to make any further payment to the Contractor, but upon such completion and the verification within a reasonable time of the accounts therefor the Architect shall certify the amount of expense properly incurred by the CLIENT and the amount of any direct loss and/or damage caused to the CLIENT by the determination and if such amounts when added to the monies paid to the Contractor before the date of determination exceeds the total amount which would have been payable upon due completion in accordance with this Contract, the difference shall be a debt payable to the CLIENT by the Contractor and if the said amounts, when added to the said monies be less than the said total amount, the difference shall be a debt payable by the CLIENT to the Contractor. 52. Determination by the Contractor Without prejudice to any other rights and remedies which the Contractor may possess, if the CLIENT does not pay to the Contractor any amount due on any certificate within the period for Honouring Certificates named in the appendix to these Conditions and continues with such default for fifteen days after receipt by registered post or recorded delivery of a notice from the Contractor stating that notice of determination under this condition will be several if payment is not made within fifteen days from receipt thereof; Or The CLIENT interferes with or obstructs the issue of any certificate due

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under this Contract; Or The carrying out of the whole or substantially the whole of the uncompleted works (other than the execution of work required under clause 44 of these conditions) is suspended for a continuous period of three months by reason of : Force majeure, or Loss or damage occasioned by any one or more of the contingencies referred to in clause 49 of these conditions (if applicable) Or Civil commotion, Or Architect's/CLIENT’S ENGINEER instructions issued under clauses 6, 32 or 40 of these conditions, Or The Contractor not having received in due time necessary instructions drawings, details or levels from the Architect/CLIENT’S ENGINEER for which he specifically applied in writing earlier on a date which having regard to the date of completion stated in the appendix to these Conditions Or to any extension of time when fixed under clause 42 of these Conditions was neither unreasonably distant from nor unreasonably close to the date on which it was necessary for him to receive the same, Or Delay on the part of any Artists, Tradesmen or others engaged by the CLIENT in to execute work which does not form as part of this Contract, or The opening up for inspection of any work covered up or of the testing of any of the work materials or goods in accordance with clause 38 of these Conditions (including making good in consequence of such opening up or testing) unless the inspection or test showed that the work materials or goods were not in accordance with stipulated conditions of this Contract. Then Contractor may thereupon by notice by registered post or recorded delivery to the CLIENT or Architect/CLIENT’S ENGINEER forthwith to determine the engagement of the Contractor under this Contract; provided that such notice shall not be given unreasonably. Upon such determination, then, without prejudice to the accrued rights or remedies of either party or to any liability of the classes mentioned in clause 45 of these Conditions which may accrue either before the Contractor or any Sub-Contractor shall have removed his or their temporary buildings, plant, machinery, appliances, goods or materials or by reason of his or their so removing the same, the respective rights and liabilities of the Contractor and the CLIENT shall stand as follows, that is to say : The Contractor shall with all reasonable diligence dispatch in such manner and with such precautions as would prevent any injury, death or damage of the classes in respect for which before the date of determination he was liable to indemnify the CLIENT under clause 44 of these Conditions remove from site all his temporary buildings, plant, machinery, appliances, goods and materials and shall provide facilities for his Sub-Contractors to do the same but subject always to the provisions of this clause. After taking into account any amounts that were previously paid under this Contract, the Contractor shall be paid by the CLIENT: The total value of the works completed at the date of determination. The total value of work executed so far, but not completed at the date of determination, the value of which is being ascertained “mutatis mutandis” in accordance with clause 32 of these Conditions. The cost of materials or goods properly ordered for the works for which the Contractor shall have paid for or of which the Contractor is legally bound to pay, and on such payment by the CLIENT materials or goods so paid for, shall become the property of the CLIENT. The reasonable cost for the removal under this clause. Any direct loss and/or damage caused to the Contractor by such determination.

Provided that in addition to all other remedies, the Contractor upon such determination may take possession of and shall have a lien upon all unfixed materials which may have become the property of the CLIENT under clause 34, until payment of all monies that are due to the Contractor from the CLIENT.

53. Co-ordination of Work At the commencement of work, and from time to time, the Contract shall coordinate r with the Sub-Contractors, persons, engaged on separate contracts in connection with the work, and with the Architect/CLIENT’S ENGINEER for the purpose of the co-ordination and execution of the various phases of the work.

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The Contractor shall ascertain the Sub-Contractors, persons engaged on separate contracts in connection with the Works, the extent of all chasings, cuttings and forming of all openings, holes, grooves, etc. as may be required to accommodate the various services and further the Contractor shall ascertain the routes of all services and the positions of all floor outlets, traps, etc. in connection with any installation of plant and services and arrange for the Construction of works accordingly. The breaking and cutting of any completed work must be avoided under all circumstances. 54. Labour The Contractor shall employ no child labour less than 14 years of age on the work. If any female labour is engaged, the Contractor shall make necessary provision for safeguarding their small children and keeping them clear of the site of operations. No labour shall reside within their compound except authorized guards. 55. Protection of trees and shrubs Trees and Shrubs designated by the Architect / CLIENT’S ENGINEER shall be protected from damage during the course of the work and the earth level shall not be changed within three feet of such trees. Wherever necessary, such trees and shrubs shall be protected by means of temporary fencing. 56. Guarantee Besides guarantees required elsewhere, the Contractor shall guarantee the work in general for a period one year as noted under clause 18 & 44 of the Conditions. All required, all guarantees shall be submitted to the Architect/CLIENT’S ENGINEER by the Contractor when requesting certification of accounts for payment by the CLIENT. 57. Antiquities All fossils and any other objects of interest or value which may be found at the site or while excavating the same during the progress of the work shall become the property of the CLIENT. The Contractor shall carefully take out and preserve all such objects and shall immediately or as soon as convenient, may be after the discovery of such articles, deliver the same into the possession of the CLIENT’S ENGINEER / CLIENT or of the Engineer-in-charge i.e. uncleaned and as excavated. If, in the opinion of the Architect / CLIENT’S ENGINEER, compliance with the provisions of the preceding Clause has involved the Contractor in direct loss and/or expense for which he would not be reimbursed by a payment made under any other provision in this Contract, then the Architect/CLIENT’S ENGINEER shall ascertain the amount of such loss and/or expense, any amount from time to time so ascertained shall be added to the Contract sum, and if an Interim Certificate is issued after the date of ascertainment any such amount which would otherwise be stated as due in such certificates. 58. Excepted matters The decision, opinion, direction, certificate (except for payment) with respect to all or any of the matters under clauses 6, 10,17, 19, 27, 28, 38, 42 and 50 hereof (which matters are herein referred to as the excepted matters) shall be final and conclusive and binding on the parties hereto and shall be without appeal. If any disagreement on any other decision, opinion, direction, certificate or valuation of the Architect/CLIENT’S ENGINEER or any refusal of the Architect/CLIENT’S ENGINEER to give any of the same shall be subject to a reference to Arbitration as covered under Indian Arbitration Act in force. 59. Disputes: If the Contractor be dissatisfied with the decision of the Architect/CLIENT’S ENGINEER on any matter, question or dispute of any kind (except any of the expected matters) or as to the withholding by the Architect/CLIENT’S ENGINEER of any certificate to which the Contractor may claim to be entitled, then and in any such case either party (the CLIENT or the Contractor) may seek settlement through any of the ALTERNATE DISPUTE RESOLUTION METHODS and shall NOT resort to adversarial methods.

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As such any issues or difference of opinions or issues shall be resolved through Conciliation / Mediation / Negotiation and in the event of any persisting disputes TEHN Arbitration proceedings may be initiated in accordance with Indian Arbitration and Conciliation Act 1996 in force. The venue of Arbitration shall be in Chennai. The Governing Law of this Agreement and of the relations of the parties arising from it and of any arbitration pursuant to it shall be the laws of the Republic of India. Provided, always that the CLIENT shall not withhold the payment of an Interim Certificate nor the Contractor except with the consent in writing of the Architect/CLIENT’S ENGINEER with respect to any way delay in execution of the works by reason of any such matters, question or dispute being referred to Arbitration but shall continue to proceed with the work with all due diligence and shall, until completion of Arbitration proceedings, relieve the Contractor of his obligations to adhere strictly to the Architects/CLIENT’S ENGINEER instructions with regard to the actual carrying out of the works. Further disagreement, if any, after the Arbitration Award may be resolved through Court of Law. All such disputes arising out of matters in connection with this agreement shall be deemed to have arisen at Chennai and only courts in Chennai shall have the jurisdiction to determine the same. The work shall however be progressed as per time scheduled, independent of such exigencies unless the CLIENT desires otherwise. However, before resorting to Arbitration the contractor/CLIENT may resort to Conciliation / Mediation / Negotiation in order to resolve any the disputes as a prerequisite. 59 (a) DISPUTE RESOLUTION BOARD: As such a DISPUTE RESOLUTION BOARD (DRB) shall be constituted within one month from the kick start date of the Contract execution. Any kind of difference of opinion or issues in between parties arising out of this Contract shall be resolved amicably in good spirit and good faith by referring the matter to the Disputes Resolution Board; as such any difference of opinion or issues between the Owner and Contractor shall be referred to the DRB for amicable resolution. The DRB shall have four suitably qualified persons (“the members”), each of whom shall be fluent in English and shall be a professionally experienced in the type of construction involved in the Works.

TWO Representatives of Client

ONE Representative of PMC

ONE Representative of Contractor

Each Party shall nominate their representatives to DRB and the Chairman of DRB shall be elected by DRB members. If at any time either the Owner or Contractor has any issue in hand and both of them so agree, they may jointly refer any such matter to the DRB for resolution of the same and neither Party shall consult the DRB on any matter without concurrence of the other Party. The nomination of any member to DRB may be terminated by the party who nominated him. The role of DRB shall expire when the contract is discharged effectively. If a dispute (of any kind whatsoever) arises between the Parties in connection with, or arising out of, the Contract or the execution of the Works, including any dispute as to any certificate, determination, instruction, opinion or valuation of the Architect, either Party may (in concurrence with the other Party) refer the issue in writing to the DRB for its amicable resolution, with copies to the other Party and Architect. The DRB shall be deemed to have received such reference on the date when it is received by the Chairman of the DRB.

Parties shall promptly make available to the DRB all such additional information, further access to the Site, and appropriate facilities, as the DRB may require in order to arrive at an amicable resolution on any such dispute referred. The DRB shall be deemed to be NOT acting as Arbitrator(s) but DRB shall make every endeavor in order to amicably resolve any issues referred to it based on the process and principles of Conciliation / Mediation / Negotiation and decisions of DRB shall be on consensus basis. Within 15 days upon receiving such reference of any issue, or within such other period as may be proposed by the DRB and further approved by Owner and Contractor, the DRB shall resolve the issue on consensual basis and give its decision, which shall be reasoned and such decision shall be binding on both Owner and Contractor, who shall promptly give effect to it. Unless otherwise, the Contract has been already abandoned / repudiated / determined / terminated, the Contractor shall continue to proceed with the Works in accordance with the Contract in spite of any issue referred to DRB. As and when required DRB may take support of an Advocate.

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If the DRB could not resolve any issue on consensus basis, then either Party (Owner of

Contractor) may, within 30 days upon receipt of RRB’s decision, shall serve a “Notice of Dissatisfaction” to the other Party indicating its dissatisfaction and his intention to commence Arbitration process. If the DRB fails to resolve any referred issue within the period of 45 days (or as otherwise approved) after receiving such reference, then either Party may, within 30 days after this period has expired, give a Notice of Dissatisfaction to the other Party.

In either event, this Notice of Dissatisfaction shall set out the matter in dispute and the reason(s) for dissatisfaction and neither Party shall be entitled to commence Arbitration of any dispute unless a Notice of Dissatisfaction has been served on the other party. IF the DRB has given its decision as to a matter in dispute between the Owner and Contractor, and IF no Notice of Dissatisfaction has been given by either Party within 30 days after it received the DRB’s decision, then the decision of DRB shall become final and binding upon both Parties. If the decision of the DRB requires any payment by one Party to the other Party, the DRB may require the payee to provide an appropriate security in respect of such payment. In spite of a Notice of Dissatisfaction has been given, both Parties shall attempt to settle the dispute amicably before the commencement of any Arbitration. However, unless otherwise both Parties agree for amicable settlement within 30 days after notice of dissatisfaction has been served, the Party giving such a Notice of Dissatisfaction may move to commence Arbitration after the 30th day from the day on which a Notice of Dissatisfaction was given. 59(b) ARBITRATION: All disputes, differences or claims of any kind whatsoever arising out of this contract or its validity, construction, interpretation, breach or performance, in between the parties to this contract shall be finally settled through Arbitration. Such Arbitration shall be governed by the Arbitration & Conciliation Act of India as amended upto date. The Sole Arbitrator shall be appointed by the Managing Director of the Client. Such Arbitrator shall satisfy the norms basic norms of independence as provided in Arbitration & Conciliation Act and any amendments thereon. The Arbitration hearing and all related proceedings in connection therewith shall take place in Chennai and the language of Arbitration shall be English. Such Arbitration proceedings shall be conducted under the aegis of Madras High Court Arbitration Center and the parties shall be governed by the Rules of the Center. The Award passed by the Arbitrator shall be FINAL and binding upon the parties and they shall act accordingly and the Award shall be enforceable in relevant and competent Court having jurisdiction. The rights of parties shall stand suspended in relation to the matters which are being arbitrated. Each party shall bear its own costs for the Arbitration and relevant Attorney’s fees, unless declared otherwise by the Arbitration Award. The Courts at Chennai shall have exclusive jurisdiction to try any and all disputes arising out of this contract, including the Arbitration Agreement (i.e. this Clause) 60. Protection and cleaning The Contractor shall protect and preserve the work from all damage or accident by providing any temporary coverings, boxing or other construction as required by the Architect/CLIENT’S ENGINEER. This protection shall be provided for all property adjacent to the site as well as on the site. The Contractor shall properly clean the work as it progresses and shall remove all rubbish and debris from the site from time to time as is necessary and as directed. On completion the Contractor shall ensure that the premises and/or site are cleaned and any surplus materials debris, sheds etc. are removed, areas under floors cleared or rubbish gutters and drains cleared, and handed over to the CLIENT so that the whole premises is left to be fit for immediate occupation or use and to the satisfaction of the Architect/CLIENT’S ENGINEER.

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61. Tolerance The Contractor shall exercise every care in order to ensure that all structural members are sufficiently plumb and true to dimensions called for on the drawings to allow superstructure construction. The Contractor, in this regard shall make post construction survey and report as soon as the structural works for each floor are completed duly checking all the dimensions as cast, verticality of the columns / walls, levels of slabs / beam soffits / stairs etc. Defects noticed beyond permissible tolerance shall be made good as per the instructions of the Architect/CLIENT’S ENGINEER. Rectification in the structural members or remaking or replacing shall be done at the risk and cost of the Contractor. Place : Date : Signature of the Bidder / Contractor

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SECTION - VI SPECIAL CONDITIONS / INSTRUCTIONS

GENERAL:

Special Conditions of Contract shall be read in conjunction with the General Conditions of Contract, Specifications of work, Drawings and any other documents forming part of this Contract wherever the context so requires. These clauses shall be considered as an extension and not in limitation of obligation of the Civil Contractor. 1. Two Cover System

The Bid shall be of two part bid system, as described elsewhere in the Bid document. The submission of Bid shall comply with the requirements as detailed in the two part bid-system.

The Price bid of only technically acceptable pre-qualified bidders will be opened and evaluated

2. Bid Evaluation: Please refer to Section IV for Bid Criteria and Methodology for Evaluation of Bid. 3. Site Visit :

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

The Bidder shall investigate the following factors during the site inspection referred above and to provide in his bided rates for assuming full responsibility for services and amenities therefor, which is not payable separately by the Employer .

Availability of power for construction

Availability of water for construction.

Means of disposal of storm water from the site.

Means of disposal of water due to de-watering at the site

Suitability of soil stratum at foundation base.

Feasibility and availability to make timely procurement / import of all construction materials (both in quality and quantity) as well as of local or Indian or Foreign origin other than India, labour, construction equipment, support facility etc. required for executing the work as per the contract.

To examine nature of protection required for neighboring property in carrying out sheet piling,

mass excavation and de-watering operations and to ensure full safety. Disposal away from site of surplus excavated earth after retaining sufficient quantity of usable

material fit for side filling and raising the general ground level alround within the site. The CLIENT may not be able to specify a place for disposal, but the Bidder shall provide for locating a legally approved fill / disposal site. No additional payment is payable due to increase of lead / distances.

4. Adequacy of space for Site Office accommodation:

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

A Site Office plan under Appendix - `L’ has to be attached at the end.

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5. a. Taxes and Duties

Bidders shall quote their rates for this project, on the date of submission of bid including all taxes excluding GST which shall be reimbursed on submission of appropriate documents.

b. Benefit of Reduction in rate of tax or Input Tax Credit (ITC)

Refer Appendix L - Undertaking for complying with the provisions of sec. 171 of the

CGST Act, 2017

6 a. Details to be furnished for engaging Direct Sub-Contractor for specialized works. The Bidder shall be required to engage specialized agencies of good standing and

repute who have relevant experience in executing works of similar nature and magnitude. Such specialized trades as mentioned hereunder and any such other trades as may be directed by the CLIENT / ARCHITECT / CLIENT’S ENGINEER. The successful Bidder shall be required to engage sub-agencies for such specialized trades only with the prior written approval of CLIENT / ARCHITECT / CLIENT’S ENGINEER, after giving an opportunity to the CLIENT / ARCHITECT / CLIENT’S ENGINEER to evaluate the experience and competence of the sub-agency for each trade. In order to ensure implementation of this requirement, it is required that each Bidder shall submit along with his Bid, names of at least three sub-agencies for each trade amongst whom Bidder proposes to engage, if successful in the Bid. Sub agencies shall meet the selection criteria as in Table below (Building may be of Government, Public Sector Undertaking, Corporate or any

No Nature of work

Annual

Turnove

r in INR

Crore

(60%)

Completed Project

Value in INR Crore

(60%)

Solvency

in INR

Crore

(10%)

Minimum quantum of

works executed with

similar nature

1 Plumbing and Sanitary

works 3.00

Single project 3 cr

or Two projects

each 2 Cr.

0.50

Multistorey building

more than 10 floors with

minimum area of 2

Lakhs sqft

2 Sewage Treatment

Plant works 0.60

Single project 0.6 cr

or Two projects

each 0.4 Cr.

0.06 Minimum 180 KLD with

MBBR technology

3 Water proofing works 1.50

Single project 1.5 cr

or Two projects

each 1.0 Cr.

0.25

Toilets, in terrace with

over deck insulation,

Basement in Multistoried

building and UG sump

4

External Façade

structural glazing

works

20.00

Two projects each

10 cr. or Three

projects each 7 cr.

3.50

10,000 sqm façade area

in unitized / semi

unitized glazing work,

7500 sqm of dry

cladding works

5 Façade Access

System 2.00

Two projects each

2.00 cr. or Three

projects each 1.00

cr.

0.40

Combination of BMU

system, Motorized

Trolley, Davit/Jib

System and Mono rail

TIDEL, Chennai Part 1 – A: Conditions of Contract

62

No Nature of work

Annual

Turnove

r in INR

Crore

(60%)

Completed Project

Value in INR Crore

(60%)

Solvency

in INR

Crore

(10%)

Minimum quantum of

works executed with

similar nature

system

6 Landscaping works 1.50

Single project 1.5 cr

or Two projects

each 1.0 Cr.

0.25

Landscaping area of

minimum 5000 sqm and

landscaping, sprinkler

and irrigation works

7 Signage works 0.60

Single project 0.6 cr

or Two projects

each 0.4 Cr.

0.06

For a multistoried

building with internal

and external signs.

The Qualifying criteria for the direct sub-contractors for each and every trade as

mentioned above shall fulfill the requirements as stated in clause 6.0 of Part -1C Qualification criteria.

Along with names of sub-agencies for each trade, the Bidder shall furnish in detail the

following particulars in respect of each sub-agency.

a) Name of the agency b) Year of establishment c) Whether Proprietorship, Partnership etc. d) List of similar works executed with full details such as name of CLIENT for whom

executed, name of work, year of start and year of completion, value of work, whether completed on time

e) Whether engaged directly by CLIENT or engaged by Civil Contractor & name of Civil

Contractor. f) Certificates from previous CLIENTs as to satisfactory completion g) Registration with any public authority, Government departments etc. h) License issued by statutory authority covering each trade, giving details of validity of

the license).

All such information concerning Direct Sub-Contractors shall be furnished along with the Bid. If none of the sub agencies are acceptable to the CLIENT / Architect / CLIENT’S ENGINEER, the bidder shall resubmit names and details of further names to CLIENT/ Architect / CLIENT’S ENGINEER for consideration and approval. In the event of none of the names submitted by the contractor meets the selection criteria as specified in table above, then, the CLIENT/ARCHITECT/CLIENT’S ENGINEER shall have the right to nominate any Direct sub-Contractors who in their opinion meets the selection criteria. In such event, it would be incumbent on the successful Bidder, to accept and appoint the nominated direct sub-agency without demur and on this account, if there is any additional cost, such cost shall be borne by the successful Bidder. The CLIENT shall have no liability on this account.

The CLIENT / ARCHITECT/CLIENT’S ENGINEER have the right to evaluate the

experience, reputation etc. of such direct sub-Contractors and on their approval in writing to the successful Bidder, successful Bidder shall be required to engage only such approved agencies for execution. If the CLIENT/ARCHITECT/CLIENT’S ENGINEER is not satisfied with the performance or capability of the names in the panel furnished by the Bidder, the

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successful Bidder shall be required to engage an agency nominated by CLIENT/ARCHITECT/CLIENT’S ENGINEER.

In all these matters, there shall be no additional financial implication to the CLIENT.

The successful Bidder shall be required to execute works within the accepted rates only and no claim shall be accepted due to the CLIENT/Architect’s/CLIENT’S ENGINEER ’insistence on engaging any sub-agency. The CLIENT/ARCHITECT/CLIENT’S ENGINEER further reserves the right to instruct the successful Bidder to terminate the work of any sub-agency at any time during the contract, if his performance is found to be unsatisfactory. In such case, the successful Bidder shall be required to furnish a further panel of names from whom a similar selection can be made by the CLIENT/ARCHITECT/CLIENT’S ENGINEER. In this instance also, the CLIENT is not liable for any additional cost. Responsibility for the delay accrued in this process, if any, shall rest with the successful Bidder.

It is the responsibility of the successful Bidder to ensure that the direct

sub-Contractors engaged in the work comply with all the clauses in the agreement between the CLIENT and the successful Bidder. It shall be the responsibility of the successful Bidder to exercise first line supervision on the works executed by his sub-agencies including supervision on the quality of materials and workmanship and to ensure that the sub-agencies comply with the technical specifications, drawings and bill of quantities. The successful Bidder shall also establish competent site organization technically and administratively to ensure that the works of various sub- agencies are supervised and well-coordinated in order to ensure proper sequencing of construction and finishing works and to ensure that the overall time schedule is fully complied with. The detailed construction programme schedule to be furnished by successful Bidder shall include action plan for procurement of materials, any import of materials and systems and execution of works at site for each of the sub-agency and the detailed construction programme schedule shall reflect proper integration of each component of the building to ensure well-coordinated execution so as to complete the work within the stipulated time schedule.

6.(b) RECORD DRAWINGS

The Civil Contractor shall make accurate records of those parts of the Works which will be hidden by further progress, as may be directed by the ARCHITECT. Such records shall be checked and verified by the ARCHITECT while the work is still open for inspection. Records shall be entered by the Civil Contractor on prints of drawings which will be made available to him for this purpose, amplified by him with supplementary dimensional sketches and handed to the ARCHITECT as soon as practicable. All costs and expenses in connection therewith shall be borne by the Civil Contractor.

7. Permission from Statutory Body: Permission required to be obtained from local Government and relevant authorities to

establish the site office and execution that shall be Bidder’s responsibility. 8. Labour Regulations: All relevant and applicable rules and regulations of labour department, contract labour

laws, Provident Fund & ESI and connected laws, Comprehensive All risk Insurance requirements and all other laws of the land are to be complied with by the Bidder.

9. Important Provisions: The following important provisions in the Bid shall be noted before quoting for the work:

a) Performance Bond in the form of Bank Guarantee from a Scheduled Bank Furnishing Bank Guarantee as Performance Bond in format appended, as envisaged

in Sl.No.23 of General instructions and Notice Inviting Bid within 15 days from the date of issue of LOA from CLIENT

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b) Liquidated Damages (not as penalty) for delayed completion as envisaged under

clause 43 of the Contract Agreement and as specified under summary of Notice Inviting Bid and Condition of Contract.

c) Retention money from payment of running account bills at 5% of the bill value. d) List of approved make(s) / manufacturer:

The approved makes wherever listed in the Bid documents are the preferred makes, based on their performance, reputation etc. The Bidders are allowed to offer equivalent alternatives, provided the Bidders can guarantee performance equal to that of the listed products. The final choice of approving the make of any product shall however rest with the CLIENT / ARCHITECT / CLIENT’S ENGINEER and his decision shall be final and binding on the successful Bidder. The Bidders are required to indicate on a separate annexure a list of items furnishing details of the manufacturer’s name, conformity to IS / International Standards etc. for each product. Even where the Bidders intend to use the same make as per approved list, the name(s) shall be repeated in the annexure. The Bidders are allowed to furnish names of two manufacturers for each product in the order of preference. The CLIENT shall review the list furnished by the Bidders and if the CLIENT is not satisfied with the make of the any particular item, the CLIENT shall reserve the right to insist on any other desired make / manufacturer.

The Bidders shall have no choice to change the make / manufacturer of any

product which has been mutually agreed upon prior to opening of Bid, thereafter. Evaluation of Bid shall be on that basis, which is in more conformity to the approved make(s)/manufacturer listed.

10. Materials obtained from Excavation: Removal and disposal of serviceable / unserviceable materials obtained from the

excavation shall be as specified in the contract and any removal out of the site otherwise shall be only after obtaining specific and written approval of the CLIENT / ARCHITECT / CLIENT’S ENGINEER.

11. Articles of value found: Any treasures, antiques, valuable etc. found during excavation belong to the CLIENT

and the same shall be promptly handed over to CLIENT without causing any damage to them. 12. Insurance: The Civil Contractor shall be responsible for any injury to persons, animals or things and for

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

The cover taken by the Civil Contractor towards Third Party Liability shall be for a value of

Rs. 7 Lakhs ( Rupees Five Lakhs only) for a single event and there shall be no upper limit on the number of such events. The Bidders are expected to include all the charges towards taking all insurance cover, charges towards premium etc., in the quoted rates and no extras / claims shall be entertained on account of the Bidders’ failure to comply with this requirement.

The Civil Contractor shall take required insurance cover with an approved insurance

company and deposit the policy with the CLIENT well before commencement of work. 13. De-watering: The arrangement for suitable de-watering system shall be the responsibility of the

Contractor, so that the construction site, particularly the area to be concreted for the basement foundations, retaining wall etc is kept sufficiently dry and fit for concreting. Arrangement for

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any additional means of de-watering as may be required depending on the exigencies shall be the responsibility of the Civil Contractor, without any claim to extra cost. Similarly, retention of the excavated sides and stability of the slopes and prevention of any land-slides shall be the responsibility of the Contractor within the quoted rates. All such precautionary and safety measures for earthwork excavation and de-watering shall not hamper the construction schedule at any time.

14. Scope A separate scope of services, describing the scope, intent and extent of the works put

to Bid as given in Part II – Bill of Quantities shall be referred to. 15. (a) Setting Out :

The Civil Contractor shall build and maintain throughout the contract period proper permanent centre line pillars for each column and grid line and datum bench marks within his quoted rates. These shall not be disturbed at any time of the contract period.

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

b) Post Construction Survey The successful Bidder / Civil Contractor shall make post construction survey and report as soon as the structural works for each floor are completed duly checking all the dimensions as cast, verticality of the columns / walls, levels of slabs / beams soffits / stairs etc. Any defects noticed beyond permissible tolerances shall be made good by the Civil Contractor as per instructions of the Architect without any extra cost and time.

c) Joint Inspection

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

16. Submittal of Appendix A, B, C & D: Site Organization Chart, Programme, proposed to be adopted during execution of

work and Quality Assurance programme shall be submitted along with the Bid as per the format given in Appendix – A, B, C, D.

17. Site Office Accommodation for CLIENT/Architect’s/CLIENT’S ENGINEER representatives

The Bidder shall, within the quoted rates provide for fully furnished and air-conditioned Site Office Accommodation for the area as indicated in the drawing for the representatives of the CLIENT / Architect / CLIENT’S ENGINEER. Such accommodation shall consist of

An air-conditioned meeting hall to seat 20 persons with necessary facilities for write-on board, soft boards for display etc.

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CLIENT’s representative’s Room to seat about 5 persons with necessary facilities for storage of drawings and records.

Architect’s representative’s Room to seat about 5 persons with necessary facilities for storage of drawings and records.

Toilet facilities separate for men & women.

Pantry equipped with a fridge, sink and drain board and storage space.

A room for keeping display materials.

Facilities such as Telephone with required number of extensions including e-mail, Xerox Machine, Fax, 2 Nos. Computers , 2 Nos. printers (A3) (Laser jet), Internet connections, Furnitures, Racks, Stationeries, Consumables, Pantry including provision for preparation of Coffee / Tea, Office admn. Assistant, office boy and maintenance for entire contract period shall be provided.

Provide and maintain for the exclusive use of CLIENT’s/ Architect’s/CLIENT’S ENGINEER’s representative and Consultants 15 safety helmets and 15 pairs of safety boots of assorted sizes as required.

Provide when required, for the use of the Architect’s/CLIENT’S ENGINEER’s representative and Consultants a theodolite, level and other instruments together with surveying assistance.

Provide attendance as deemed necessary by the Architect/CLIENT’S ENGINEER.

All the above rooms shall be provided with adequate lighting, ceiling fans and plug points, suitable for operating computers, copiers etc. There shall be telephone in the conference room with an extension each in the CLIENT’s as well as Architects’/CLIENT’S ENGINEER representatives’ rooms. By furnishing, it is meant that all tables, chairs, side units, cup boards etc., shall be provided by the Bidder. All rooms shall benefit from natural lighting and cross ventilation. Windows and ventilators shall be provided along with security grilles and shall also be provided with insect proof mesh.

All the above areas shall be built in order to avoid water logging around the office accommodation with clear access. The structure shall be weather tight. The Bidder shall include in his rates the charges for day-to-day cleaning and maintenance as well as housekeeping of the entire Site Office Accommodation. The charges towards electricity consumed in the Site Office as well as the telephone charges and all maintenance and upkeep shall be absorbed within the quoted rates.

At the time of the successful handing over of the project to the CLIENT or at any time earlier, as directed by the CLIENT, the Civil Contractor shall arrange to dismantle the entire structure and remove the accommodation including debris and restore the site as directed, all within the quoted rates.

18. Cement & Steel: The CLIENT shall approve procurement of cement and steel for reinforcement and

structural works from the recommended sources. For which the successful contractor should produce the necessary documents of minimum three approved makes with manufacturer’s test certificates, catalogues, brochures, availability and so on to the Architect / Client well in advance in order to approve.

19. Materials and Samples Unless otherwise provided in the contract specifically, all the materials that are required for the

WORK are to be provided by the CIVIL CONTRACTOR. The WORK shall be carried out using high quality materials and products from good source

and reputed manufacturer respectively. The bidders shall furnish the details of sources and

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manufacturers of materials and products, which they intend to use in the WORK if their tender is acceptable.

All mock ups / finishes / quality shall be approved by CLIENT/Architect/CLIENT’S ENGINEER.

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

The CIVIL CONTRACTOR shall furnish the CLIENT for approval adequate samples of all

materials to be used in WORK and to permit tests and examinations thereof. All materials used in the WORK shall be strictly as per approved samples and approved make.

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

20. Testing of WORK and Material:

The CIVIL CONTRACTOR shall arrange to test materials and / or portions of the WORKS in field laboratory and also in other approved laboratories at his own cost in order to prove their quality, soundness and efficiency. If, after any such test, the WORK or portion of WORKS is found, in the opinion of the CLIENT/CLIENT’S ENGINEER/Architect, to be defective or unsound, the CIVIL CONTRACTOR shall pull down and redo the same at his own cost. Defective materials shall immediately be removed from the site.

21. Photographs and Video Cassettes: The Civil Contractor shall take photos and video from the locations approved by the

/ Architect to show the progress of work at monthly intervals throughout the construction period and furnish photographs and video cassettes of required duration duly indicating therein the specified number of negative / prints affixed in albums. Each photograph shall be marked with the description of the photograph and location from which it was taken.

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

22 Terms of Payment

All payments by the CLIENT under this Contract shall be made through banking channel within the specified period based on detailed recorded measurements and certification of bills by the PMC.

All such interim / progressive payments shall be regarded as payment by way of advances

against final payment only and shall not preclude the requiring of bad, unsound and imperfect or unskilled work to be rejected, removed, taken away and reconstructed or re-erected. Any certificate given by the Architect relating to the work done or materials delivered forming part of such payment, may be modified or corrected in any subsequent such certificate(s) or by the final certificate and shall not by itself be conclusive evidence that any work or materials to which it relates is / are in accordance with the contract and specifications. Any such interim payment, or any part thereof shall not in any respect conclude, determine or affect in any way the powers of the Architect under the contract or any of such payments be treated as final settlement and adjustment of accounts or in any way vary or affect the contract or right of the OWNER / CLIENT under the terms of the contract. Payment of part rates: Payment at part rates to the extent of work done against agreement rates for certain items may be made in the running account bills at the discretion of the PMC.

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The part rate to be allowed for an item shall be as assessed and decided by the PMC to the extent of work done and whether the item could be completed in all respects as per specification within the balance amount available. Reasons for allowing part rates shall be recorded in the bills against the items under remarks column. Full rate shall be released in subsequent bills on completion of the item of work in all respects as per specifications and the amount paid at part rate shall be duly deducted. I. Interim Payments

a. No Secured Advance shall be paid. b. Payment for works :

Progressive payments shall be on monthly running account bills. PMC shall certify the running account bills within 14 days from the date of submission of bills in complete shape by the Civil Contractor with all required enclosures, attachments etc. The CLIENT shall make payment within 30 days from the date of certification of bills by the PMC.

Deductions in Interim Payments:

a. 5% of the gross value of bill shall be deducted towards retention money from each running bill except on initial advance payment.

b. Any other applicable deductions as per Conditions of Contract.

c. Other applicable deductions. II. Final Bill:

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

Final bill Payment:

Final bill shall be submitted by the Civil Contractor within three months from the date of completion of works.

ARCHITECT shall certify the final bill within two months of submission in complete shape with all required documents subject to finalization of extra claims, if any. The CLIENT shall make payment for the final bill within one month from the date of certification of final bill by the Architect.

Deduction in Final bill: a. Applicable deductions as per Conditions of Contract. b. Any money recoverable from the Civil Contractor. c. All interim payments effected.

23. Pollution and Site Hygiene

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

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

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

The Civil Contractor shall not dump unwanted building debris, chemicals, any noxious or polluting matter on any vacant plot of land, roadside or drains thereby causing chokage leading to mosquito breeding or causing contamination of the Site or the drainage system. Comply with and pay all charges levied by any Local or Government or Public Authority with jurisdiction on matters of pollution or site hygiene.

24. Vector Control

The Civil Contractor is required to implement a comprehensive and effective vector control programme for the site which shall include all necessary measures to prevent the site from becoming favourable to the breeding or harbouring of mosquitoes or other vectors. Vector control work must include the basements and all floors of the building as and when they are being constructed and shall comprise:

(i) Checking for mosquito breeding at least once a week. (ii) Larviciding all stagnant water using insecticides or anti-mosquito oil at least once a

fortnight. (iii) Thermal fogging at least once a fortnight.

Thermal fogging to site offices and workmen’s accommodation shall be carried out fortnightly and if the Site is located within any malaria sensitive area, residual spraying of the walls at monthly intervals shall be required.

25. Temporary Roads and Temporary works Provide, maintain and alter as necessary all temporary roads, tracks, paths, hard standings,

pavement crossings, culverts and other Temporary Works including those required by Sub-contractors and suppliers and pay all costs and charges in connection. Reinstate all ground and all work disturbed.

26. Temporary Hoardings and Safety Netting

The site is to be enclosed by a hoarding (with gates) and painted on all exposed surfaces in patterns and colours to the approval of the Architect. Provide and maintain all other necessary temporary fencing, hoarding, gates, fans, planked footways, guard rails, gantries, safety netting, warning lights and notices for the proper execution of the Works, the security of the Site, the protection of the public and the occupants of any adjoining premises and for meeting the requirements of the Local Authority Alter, shift and adopt from time to time as necessary and clear away on completion.

27. Fire Protection During Construction

Provide and keep in working condition adequate firefighting equipments for any emergency use.

28. Temporary Toilet Facilities

The Civil Contractor shall provide and maintain a minimum of 4 nos. temporary toilet facilities with required water supply for the use of labourers (separate for Male / Female) at the locations approved by the / ARCHITECT.

29. Schedule of Quantities and Technical Specifications In case of conflict between item description in “Bill of Quantities” and “Technical specifications”

the following priority shall govern:

Bill of Quantities & Preamble Technical Specifications Drawings IS Code Equivalent BS Codes Other codes

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30. DRAWINGS: Two copies of all drawings, the Schedule of Quantities and Specification shall be furnished by

the CLIENT to the PRINCIPAL CONTRACTOR for his own use until the completion of the Contract.

All important drawings are to be mounted on boards and placed in racks and indexed. 31. DOCUMENTATION: The contractor shall submit the following guarantee certificates and documents before

submission of Final Bill: a) As – built drawings for all buildings and structures.

b) Guarantee for Waterproofing work c) Guarantee for Anti-termite treatment work d) Design Mix Report for all permitted mixes e) Periodical Test report for Steel and Cement f) Material Test Reports as called for. g) Reinforcement steel inspection reports h) Pour Card for concreting R.C.C.items. i) Cube Test Reports as and when due (7day and 28 day strength) j) Structural steel welding and jointing test reports.

k) Any other Material and work inspection reports called for by

CLIENT/Architects/CLIENT’S ENGINEER as found necessary.

All Bidders are expected to note the aforesaid provisions before Bidding for the work and

cover their rates to fulfill obligations as called for. Signature of the Bidder having perused

as instructed above.

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Additional terms and conditions

All terms & conditions stipulated in the Tender documents are strictly applicable and in addition, the following conditions are also applicable: 1) it is of paramount importance to ensure all works are done in a professional manner giving top

priority to Safety. 2) Any safety violation shall lead to immediate stoppage of work and cancellation of contract. 3) All extra items not contemplated in the original tenders should be claimed with rate analysis data

and certified by the Engineer-in-charge 4) ESI , PF shall be paid by the CIVIL CONTRACTOR under the CONTRACTOR’S company code,

and documents shall be made available for the inspection of ARCHITECT/ CLIENT. 5) All in-coming and consumable materials are to be tested for Quality Assurance and the

Certificates are to be produced to ARCHITECT/ CLIENT. 6) All CIVIL CONTRACTOR’S Employees like Site Engineer, Supervisor, Store-keeper and

Construction Workmen should be well aware of the CLIENT’S Safety Policy, EHS and CLIENT’s Engineer Guidelines as relevant to the work site like Work permits, usage and maintenance of Personal Protective Equipments, Ladder and Plat forms etc.

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

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

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

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

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

12) Child labour is not permitted. 13) Any Labour should not be construed as CLIENT’S labour or employee. 14) The under mentioned Records to be maintained for Inspection by the CONSTRUCTION

MANAGER and to be handed over at various stages of construction /as and when demanded Manufacturer’s test certificates and other test certificates for all applicable items as per CLIENT’s Engineer guidelines of CLIENT, and all tests to be performed as detailed in tender documents.

I, hereby, agree to adhere to above terms and conditions:

Signature of Bidder with date and Office seal

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Additional Special Conditions

1. CIVIL CONTRACTOR to provide supervisor for each work group / area. 2. All Employees of the CIVIL CONTRACTOR shall wear badge showing name, profession, date of

training, work order no., work description, valid from _____ to _______ , name of the Contractor, name of supervisor.

3. Welding transformer, if any brought to the site, shall have a valid test certificate 4. CIVIL CONTRACTOR should provide detailed plan of material handling during time of contract.

Material - manual handling shall conform to State Regulations. 5. Pre-commissioning test report shall be provided for all electrical systems. Including cables, wire,

motors, transformers, voltage stabilizers. 6. All rotating and moving parts with a nip must be guarded, such that even a little finger cannot

come in contact with any moving part. 7. Section 32 of the Factory Act regarding ladders, platforms/stairs and scaffolding to be followed

strictly. (For eg. Ladders should have uniform step height of not over 300mm. All fixed ladders to have railings at a height of 910-1050mm. Ladders over 3m height to be roped.)

8. All portable ladders shall be of aluminum with rubber shoes and flat treads as per IS3696 part 2 (1991) except where these could come in contact with live electrical. In such situations, only carbon fiber or insulated ladders to be used. Wooden and Bamboo ladders are not to be used. Portable ladders to be stored in a place where it is easily accessible.

9. All platforms, walkways to have toe-boards of 100 to 150mm and hand rails at a height of 910mm to 1150mm. A spring returns bar gate to be provided at every access to the ladder.

10. All scaffolds to be of metallic construction and conform to IS2750-1964. Safe access by means of stairway to be provided if the height is more than 4m. Working platform with handrails at a height of 910mm to 1150mm and toe boards of 100-150mm to be provided.

11. Methods statement to be produced for all high risk activities (including risk assessment of critical activities). Approximate PPE usage for all critical activities to be compiled with.

12. Lifting gears, tools and tackles and equipment like cranes shall conform to requirements of section 28 and 29 of the Factory Act.

13. Noise level at 1 Mtr. distance from the equipment should not exceed the level indicated elsewhere in the specification.

Any further clarification on Environment, Health and Safety guidelines can be sought from unit, Environment Health and Safety Manager and CLIENT guidelines on EHS. I, hereby, agree to adhere to above terms and conditions:

Signature of Bidder with date and Office seal

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PRICE ADJUSTMENT CLAUSE

Price Adjustment Clause is eligible for this work subject to the following as per TN.G.O.Ms

No.101 Public works (G2) dept dated 10.06.2009

1. Full Price Adjustment on all the Components including cement, steel, bitumen and

petroleum oil and lubricants (POL) shall be applicable, if the Contract period is above 12 Months as

per specified formula.

2. Deleted

3. Deleted

4. Price Adjustment will apply only when the rates exceed or decrease by 3% or more as

compared to the estimated rates (RBI Index Price).

5. The Price Adjustment shall be calculated only on the departmental estimated cost of the

work.

6. In respect of Bitumen and POL, it may be considered on ‘Pass Through’ basis with

payment of actual rates / price at the rates charged by Indian Oil Corporation.

7. All works for which price escalation / variation is contemplated must have milestones fixed

in physical terms and have a prefixed time-line for use of inputs – clearly indicating the nature and

quantum of eligible inputs to be used for the work for the relevant period between any two mile

stones. Price variation / escalation shall be applicable for those quantities ‘actually’ used by the

contractor including additional quantities, if any, used or achieved ahead of the time-line. However,

if the contractor does a certain quantity of the work in the third quarter which ought to have been

done in the previous quarter, then, price variation / escalation shall still be applicable on that quantity

at the rates applicable in the relevant quarter as per time-line or period of actual use whichever is

less.

8. Liquidated damages shall be imposed on the contractor for any lapses / shortfall in

achieving the rates of progress as per existing schedule.

9. The Price Adjustment mechanism will cease to operate for value of work executed

beyond the agreement period. But agreement period shall include the “actual period” for which the

work was “suspended officially” and extension of time permitted for any valid reasons such as, war,

natural calamities, like flood, earth quake and other risks arising out of acts of God during the

agreement period; work delayed due to the land acquisition process; change in design, change in

scope of work, etc., which is given in writing by the Tender Calling Officer of the respective work.

10. Price Variation will be calculated once in a quarter (i) in respect of cement and steel for

the works with contractor period upto 12 months and (ii) in respect of all components except bitumen

and petroleum, Oil & Lubricants (POL) for the works with contract period of more than 12 months, as

per the specified formula from the last date of submission of bid upto the end of agreement period

provided, if the agreement is signed within the minimum specified time, failing which, the price

variation will be applicable from the date of agreement only, based on the wholesale price indexes of

RBI. The quarter would be reckoned with reference to the quarter of the calendar year in which the

last date on bid submission is fixed. In case of delayed agreement, the quarter in which the

agreement is signed will be reckoned for the purpose of calculation of price adjustments.

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11. Price Variation will be operated by the respective Executive Engineers.

12. Bonus as an incentive for advance completion of work by not less than 10% of

agreement period will be paid at 1% on the value of actual quantum of works executed at tendered

rates.

13. The formula for adjustment of prices are

R = Value of work during the quarter under consideration.

I. Adjustment of cement component.

Price adjustment for increase or decrease in the cost of cement procured by the contractor

shall be paid in accordance with the following formula if this component is involved in the work

executed during the quarter under consideration.

Vc = 0.85 X Pc / 100 X R X (C1 – C0) / C0

V = Increase or decrease in the cost of work during the quarter under consideration due to

changes in the rates of cement.

Co = The RBI index for cement for the quarter during the date of opening of tenders.

C1 = The RBI index for cement for the quarter under consideration.

Pc = Percentage for the cement component of the work.

II. Adjustment of Steel Component:

Price adjustment for increase or decrease in the cost of steel procured by the contractor

shall be paid in accordance with the following formula if this component is involved in the work

executed during the quarter under consideration.

Vs = 0.85 X Ps / 100 X R X (S1 – S0) / S0

Vs = Increase or decrease in the cost of work during the quarter under consideration due to

changes in the rates of steel.

So = The RBI index for steel for the quarter during the date of opening of tenders.

S1 = The RBI index for steel for the quarter under consideration.

Ps = Percentage for the steel component of the work.

III. Adjustment of POL component (Fuel and lubricant)

Price adjustment for increase or decrease in the cost of POL procured by the contractor

shall be paid in accordance with the following formula if this component is involved in the work

executed during the quarter under consideration.

V1 = 0.85 X P1 / 100 X R X (F1 – F0) / F0.

V1 = Increase or decrease in the cost of work during the quarter under consideration due to

changes in the rates of POL.

F0 = The average official retain price of High Speed Diesel (HSD) at the existing consumer

pumps of IOC on the day thirty days prior to the date of opening of tenders.

F1 = The average official retail price of High Speed Diesel (HSD) at the existing consumer

pumps of IOC for the 15th day of the middle calendar month for the quarter under consideration.

P1 = Percentage for the POL component of the work.

Note: For the application of this clause, the price of High Speed Diesel oil has been chosen to represent fuel and lubricants group.

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IV Adjustment for labour component (i) Price adjustment for increase or decrease in the cost due to labour shall be paid in

accordance with the following formula: VL = 0.85 x Pl/100 x R x (Li - Lo)/Lo

VL = increase or decrease in the cost of work during the quarter under consideration

due to changes in rates for local labour. Lo = the average consumer price index for industrial workers for --------------centre for

the quarter proceeding the date of opening of Bids as published by Labour Bureau, Ministry of Labour, Government of India.

Li = The average consumer price index for industrial workers for ---------------centre for

the quarter under consideration as published by Labour Bureau, Ministry of Labour, Government of India.

Pl = Percentage of labour component of the work. V Adjustment of Bitumen component (iv) Price adjustment for increase or decrease in the cost of bitumen shall be paid in

accordance with the following formula: Vb = 0.85 x Pb/100 x R x (Bi - Bo)/Bo

Vb = Increase or decrease in the cost of work during the quarter under consideration

due to changes in the rate for bitumen. Bo = The average official retail price of bitumen at the IOC depot at ------------on the day

30 days prior to the date of opening of Bids. Bi = The average official retail price of bitumen at IOC depot at ---------------- for the

15th day of the middle calendar month of the quarter under consideration. Pb = Percentage of bitumen component of the work. VI Adjustment for Plant and Machinery Spares component (vi) Price adjustment for increase or decrease in the cost of plant and machinery spares

procured by the Contractor shall be paid in accordance with the following formula: Vp = 0.85 x Pp/100 x R x (Pi - Po)/Po

Vp = Increase or decrease in the cost of work during the quarter under consideration

due to changes in the rates for plant and machinery spares Po = The all India average wholesale price index for heavy machinery and parts for the

quarter proceeding the date of opening of Bids as published by the Ministry of Industrial Development, Government of India, New Delhi

Pi = The all India average wholesale price index for heavy machinery and parts for the

quarter under consideration as published by Ministry of Industrial Development, New Delhi

Pp = Percentage of plant and machinery spares component of the work Note: For the application of this clause, index of Heavy Machinery and Parts has been chosen to represent the Plant and Machinery Spares group.

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VII Adjustment of Local materials (vii) Price adjustment for increase or decrease in cost of local materials other than cement, steel,

bitumen and POL procured by the contractor shall be paid in accordance with the following formula:

Vm = Increase or decrease in the cost of work during the quarter under consideration

due to changes in rates for local materials other than cement, steel, bitumen and POL.

Mo = The all India average wholesale price index (all commodities) for the quarter

proceeding the date of opening of Bids as published by the Ministry of Industrial Development, Government of India, New Delhi.

Mi = The all India average wholesale price index (all commodities) for the quarter

under consideration as published by Ministry of Industrial Development, Government of India, New Delhi.

Pm = Percentage of local material component (other than cement, steel, bitumen and

POL) of the work. The following percentages will govern the price adjustment for the entire contract: 1. Labour - Pl 25.00% 2. Cement - Pc 8.00% 3. Steel - Ps 18.00% 4. Bitumen - Pb 0.00% 5. POL - Pf 2.00% 6. Plant & Machinery Spares - PP 7.00% 7. Other materials - Pm 40.00% _______ Total 100% ________

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SECTION VII

SUMMARY OF NOTICE INVITING BID AND CONDITION OF CONTRACT

1 Date of Commencement of work.

15 days from the date of issue of Letter of Award.

2 Period of completion Twenty Four months from the date of commencement of work.

3 Liquidated Damages

0.03% (Zero decimal zero three per cent) of the contract sum per day of delay beyond the stipulated contract period to the maximum of 5% of the contract value. The period of delay shall be as opined by the PMC/CLIENT’S ENGINEER/CLIENT which is final and binding on the contractor.

4

Defects Liability Period

12 (Twelve) months from the date of completion duly certified / issued by the Architect/CLIENT’S ENGINEER.

5 Earnest Money Deposit

Rs. 2.08 Crores (Rupees Two crores and Eight Lakhs only) by DD from a Scheduled Bank valid for 180 days from the last date of submission of bid in favour of TIDEL , Chennai Or Electronic Mode of Transfer

6 Performance Bond

5% (Five Percent) of Contract sum in the form of Bank Guarantee, valid from date of commencement till the end of defects liability period.

7 Mobilization advance After submitting Performance Guarantee of 5%, against the submission of separate bank guarantee for 100% value of mobilization advances. Such advance will bear simple interest of 10.5% per annum.

8 Retention Money

5% of value of each running account bill

9a

Secured Advance for materials

No Secured advance

9b Interim Payments

On monthly Running Account bill submitted by the Civil Contractor.

9c Certification of Interim Bills

The bill shall be certified by the PMC after scrutiny within 14 days of submission of Bill by the Civil Contractor.

9d

Payment of Interim Bills by the CLIENT

Payment shall be within 30 days from the date of certification of the bill by the Architects.

9e

Period of Final measurement

3 (Three) months from the date of completion of works

9f Certification of final Bill by the Architects

Within two months from the date of submission of final bill in complete shape by the Civil Contractor

9g Payment of final Bill by the CLIENT

Within one month from the date of certification of the final bill by the Architects.

10a Limit of Variations Plus or Minus 25% of the contract value.

10b Rate of Interest for delayed payment

NIL

11 Escalation Price adjustment clause is applicable.

Place : Date : Signature of the Bidder / Contractor

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SECTION – VIII

SUBMITTAL LIST: BID SHALL BE ACCOMPANIED BY FOLLOWING INFORMATION

(Appendix “A” to Appendix “L”)

APPENDIX - ‘A’

CIVIL CONTRACTORS ORGANISATION CHART, PLANT AND EQUIPMENT, MOBILISATION SCHEDULE, DRAWINGS AND PLANS FOR TEMPORARY FACILITIES ETC.

The Bidder shall submit the documents with full details on the following subjects along with the Bid. The evaluation of Bid will take into consideration the detailed information provided by the Bidder.

At Head Office At Work site 1. Organization chart (Pyramid type) 2. Curriculum Vitae of Senior Staff and supervisory staff 3. List of Plant and equipment 4. Mobilization Schedule a) Staff - ( Technical and Administrative ) b) Labour c) Plant and equipment (description, year of manufacture, capacity, present condition,

owned or hired, availability for the work etc.) 5. Material Procurement Plan 6. Drawings and Plans for Temporary Facilities

a. Site plan b. Security arrangements including fencing, gates etc. c. Mess Hall for staff and workers d. Ablution / Toilets / Septic Tank e. Workshops / Fabrication yards f. Warehouse g. Electrical Substation and distribution network for lighting and power h. Disposal of wastes - solid and liquid (conforming to environmental i. Laws) j. Drainage System k. Removal plan after completion l. Water Plan m. Power Plan

Planning and Execution Plan to suit the schedule of the CLIENT (along with bar chart / pert chart )

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Quality Control Plan (at procurement stage and execution stage ) Plan for Coordination with all other agencies, Sub-Contractors, Specialist M&E Contractors, CLIENT’s representatives, including review / reporting systems / periodic and regular internal meeting schedules and meeting schedules with CLIENT’s representatives and sub-Contractors.

ALL BID DRAWINGS, DULY BEARING THE SEAL AND SIGNATURE OF THE BIDDER SHALL BE RETURNED WITH THE BID.

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APPENDIX – ‘B’

SUBMITTAL LIST

METHODOLOGY AND QUALITY CONTROL The Bidder shall submit methodology and Quality Control for the following aspects of work along with the Bid. The evaluation of Bid will take into consideration the detailed information provided by the Bidder. 1. Excavation / back filling / removal of excess soil 2. Dewatering plan and disposal of water 3. Sheet piling plan 4. Concrete production / Transportation and Placing plan / Procedure. 5. Inspection procedures 6 Plan for formwork system (in elaborate details) 7. Plan for Re-bar fabrication and installation 8. Concrete curing plan 9. Construction / Expansion joints 10. Plan for concrete levelling and finishes 11. Plan for anti-termite treatment 12. Plan for water proofing treatment 13. Plan for test / reconfirmation of safe bearing capacity of founding strata 14. Pressure grouting plan 15. Maintenance plan 16. System to be adopted by Contractor in selecting vendors, Sub - Contractors

Signature of the Bidder

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APPENDIX – ‘C’

Schedule of Construction Plant and Equipment The Bidder must enter below particulars of plant he proposes to use on the works.

Description Year of Capacity Period when Owned or Manufacture available hired from start of work ------------------------------- on Next commen- phase cement

Bidder hereby confirms that the quantity and type of Equipment they will employ for construction will not be less than those listed above and agrees to bring more equipment if so, warranted in the opinion of the ARCHITECTS.

Signature of Bidder.

Seal :

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APPENDIX – ‘D’

Schedule of Civil Contractor's Site Management Staff Bidders must enter below the name, qualifications and experience of their key full time site personnel in the proposed site organization.

Name Qualification Position Experience Period when available from start of work

Signature of Bidder

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APPENDIX – ‘E’

DETAILS OF FIELD LABORATORY EQUIPMENTS The following items of laboratory equipment shall be provided in the field laboratory. The requirement indicated herein are minimum and any additional items or increase in the requirement shall be arranged as the need arises at site during execution of work. General i. Oven - Electrically operated, thermostatically controlled,

range up to 200 Deg. C sensitivity 1 Dec. C 1 No ii. Platform balance 300 Kg. capacity 1 No iii. Balance 20 Kg. capacity-self indicating type 1 No iv. Electronic Balance 5 Kg. capacity accuracy 0.5 gm 2 Nos v. Water bath-electrically operated and thermostatically controlled

with adjustable shelves, sensitivity 1 Deg. C 1 No vi. Thermometers: Mercury-in-glass thermometer range 0 Deg to 250 Deg. C Mercury-in-steel thermometer with 30 cm stem, range upto

300 Deg. C 4 Nos vii. Kerosene or gas stove or electric hot plate 1 No viii. Glasswares, spatulas, wire gauzes, steel scales, measuring

tape, casseroles, karahis, enamelled trays of assorted sizes, pestle- mortar, porcelain dishes, gunny bags, plastic bags, chemicals, digging tools like pickaxes, shovels etc As required

ix. Set of IS sieves with lid and pan : 450 mm diameter 63 mm, 53 mm, 37.5 mm, 26.5 mm, 13.2 mm, 9.5 mm, 6.7 mm and 4.75 mm size 1 Set 200 mm diameter 2.36 mm, 2.0 mm, 1.18 mm, 600 micron, 425 micron,

300 micron, 150 micron and 75 micron 2 Sets x. Water testing kit 1 Set xi. First aid box 1 Set For soils and aggregates : i. Riffle Box 1 No ii. Atterberg Limits (liquid and plastic limits) determination apparatus 1 Set iii. Compaction Test Equipment both 2.5 Kg and 4.5 Kg

rammers (Light and Heavy compactive efforts) 1 Set

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iv. Dry Bulk Density Test apparatus (sand pouring cylinder, tray can etc) complete 1 Set

v. Speedy Moisture Meter complete with chemicals 1 Set vi. Post-hole Auger with extensions 1 Set vii. Core cutter apparatus 10 cm dia. 10/15 cm height, complete

with dolly, rammer etc. 1 Set viii. Aggregate Impact Value Test apparatus / Los Angles

Abrasion Test apparatus 1 Set ix. Flakiness and Elongation Test Gauges 1 Set x. Standard measures of 30, 15 and 3 litres capacity along with

standard tamping rod. 1 Set xi. California Bearing Ratio test apparatus 1 Set xii. Unconfirmed compression test apparatus 1 Set For Concrete :

1 Cube testing machine 200 Ton capacity 1 No.

2 Pychnometer 100 ml. Capacity with brass cone 1 No.

3. Slump Test apparatus with tamping rod 3 Nos.

4. G.I.Sheet, M.S. Tray and Baby mixer machine 1 Set

5. Wheel barrow, Spade, Mortar Pan, Trowel 1 Set

6. Measuring instruments such as stainless steel rule, steel tape etc. 2 Sets

7. Scientific Calculator 1 No.

8. Flash Light 1 No.

9. Thermometer 0 – 100 C – 1 No. 1 No.

10. A set of standard sieves 300 mm dia. G.I. (for 40 mm, 25 mm, 20 mm, 16 mm, 12.5mm, 10 mm and 4.75mm)

1 Set

11. Set of standard Sieves – Brass 200 mm dia. (4.75 mm, 2.35 mm, 1.18 mm 600 microns, 300 microns, 150 microns

1 Set

12. Hot plate or stove 1 No.

13. Pocket cone penetrometer 0 to 50 kg. per sq.cm. 1 No.

14. Bulk density containers – 10 litres, 15 litres and 20 litres 1 No. Each

15. Standard sand grade 1,2 & 3 – Tamin, Madras – 2 Kgs. Each

16. Measuring cylinder – Polyprofinal 1000 ml. 250 ml. And 100 ml. Capacity

2 Sets

17. Vicart needle apparatus with dashpot 1 No.

18. Mortar Cube Vibrator 1 No.

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19. Mortar Cube Moulds 7.07cm x 7.07cm x 7.07cm 6 Nos. (Minimum)

20. Concrete cube Moulds 15cm x 15 cm x 15 cm 12 Nos. (Minimum)

21. 10 Kg. Double pan balance 1 No.

NOTE : The items and their numbers listed above shall be decided by the ARCHITECTS as per requirements of the Project and modified and added to accordingly.

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APPENDIX ‘F’

HAND BOOK ON HEALTH AND SAFETY AT WORK

FOR

CONTRACTORS WORKING IN THE PROJECT

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TABLE OF CONTENTS

SECTION 1. INTRODUCTION

2. RULES FOR GENERAL OPERATIONS

2.1 Access

2.2 Accident Reporting

2.3 Contractors & Sub-Contractors Tools & Equipments.

2.4 Hazardous Materials

2.5 Dust and Fume Control

2.6 Fire Hazards and Precaution

2.7 Machinery Safety

2.8 House-keeping / Hygiene

2.9 Noise

2.10 Overhead Working

2.11 Working at Height

2.12 Safety Clothes and Equipment

2.13 Plant Services

2.14 Supervision

2.15 Warning signs and Notices

3. TOOLS

3.1 Electrically Driven Portable Tools

3.2 Compressed Air Tools

3.3 Percussion Cartridge Tools

3.4 Hoisting and Lifting.

3.5 Movement of Plant and Equipment

3.6 Industrial Trucks

4. CONTRACTORS GUIDELINES

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SECTION - 1 INTRODUCTION: This document defines the operations undertaken by Contractors and sub-Contractors on Project premises, which can give rise to hazards to those engaged in the work and others who may be working, standing or passing in the vicinity. It is the CLIENT's endeavor to secure a high standard of safety at site. Therefore, Contractors and sub-Contractors must know their duties under common law, both for establishments, and their own employees and to conduct their business and methods of work to conform to the best practices. Before the CLIENT, allows any contracting or sub- contracting firm to carry out work on its premises, the CLIENT insists that Contractors and sub-Contractors understand their duties regarding safe practices for themselves, others and regulations covering the type of work they will be carrying out. In furtherance to this policy, rules herein have been devised to bring to the notice of Contractors and sub-Contractors, some of the more common hazards, and appropriate preventive measures in connection with the erection, construction, cleaning, painting, alteration or demolition of plant, machinery and buildings. The CLIENT, is confident that the observance of these rules will be no hindrance to progress the work, but will assist in the avoidance of accidents. IT IS IN A TERM OF ALL CONTRACTS BETWEEN THE CLIENT AND CONTRACTORS THAT THEY AND ANY SUB-CONTRACTORS, APPOINTED BY THEM COMPLY WITH THESE RULES AND THEIR CO-OPERATION IS THEREFORE OBLIGATORY IN CARRYING OUT THE PRECAUTIONS LAID DOWN. Section - 2 : Details general rules which are applicable to most Contractors and sub-Contractors. Section - 3 : Details specific rules which must be followed where applicable, where a particular type

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

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SECTION 2 RULES FOR GENERAL OPERATIONS : 2.1 ACCESS : Nothing shall be done or omitted to be done by Contractors or Sub-Contractors or their

employees to render unsafe or obstruct: - any means of access to the places at which people are required to work. - the passage of people and / or vehicles whether on a defined gangway or not, unless

permission is obtained from the designated safety officer. - access for emergency apparatus, such as fire fighting equipment. - Contractors and sub-Contractors shall nevertheless provide adequate fencing, lighting

and warning signs to ensure safety at all times. 2.2 ACCIDENT AND INCIDENT REPORTING: All notifiable accidents, dangerous occurrences and potential hazard situations shall be

reported to the safety officer at site. Injuries are to be treated by experienced medical staff available at site. 2.3 CONTRACTORS AND SUB-CONTRACTORS' TOOLS AND EQUIPMENTS: All Contractors and sub-Contractors tools and equipments must comply with statutory

regulations and approved codes of practices. 2.4 HAZARDOUS MATERIALS: The Contractor must inform the safety officer, prior to commencement of work, procurement of

materials connected with the contract work of a hazardous nature. The Contractor will have to secure storage for any such material.

2.5 DUST AND FUME CONTROL: Contractors and sub-Contractors must inform the safety officer at the Project site of all

processes producing dust or fumes, and under the conditions as laid down in the relevant Act of Government the safety precautions are to be fulfilled.

2.6 FIRE HAZARDS AND PRECAUTIONS: When at site, all fire regulations, as well as regulations under relevant Sections of the relevant

Act of Government of must be observed at all times. 2.7 MACHINERY SAFETY: Contractors and sub-Contractors working at the Project site must not remove or displace any

guard, fencing or other safety equipment which is designed to protect personnel or machinery or any place where safety equipment has been provided without the written permission of the safety officer or his designated representative.

On completion of any work, any guards that had to be removed must be replaced immediately

and whilst work is being carried out, machinery must not be operated. The requirement of the relevant Act must be followed:

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

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

2.8.1 House keeping and hygiene go hand in hand with safe working practices. Contractors and

sub-Contractors must leave work areas in a clean, tidy and safe condition at the end of each working period.

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

hazardous condition. 2.8.3 Contamination of any product (by drill swarf sawdust, oil, salient, paints and materials etc.)

must be avoided at all costs, and the officers of the CLIENT are empowered to stop any activity which could result in contamination.

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

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

2.10. OVERHEAD WORKING : No work may be carried out above the heads of people or over gangways or roads, until all

precautions have been taken to ensure the safety of the persons below, and until permission is given by the safety officer. Each specific site of overhead working will require consent from the safety officer. This will be given after satisfactory inspection.

Work may be carried out in the vicinity of power cables only when permission is obtained from

the safety officer and/or CLIENT Project Engineer. Work connected with overhead safety includes the movement of long metal objects,

machinery, jibs, masts, arms or other elevated parts. 2.11 WORKING AT HEIGHT : All temporary structure, erected by Contractors or sub-Contractors for the purpose of allowing

their staff to work at heights of more than 2 M. above floor level, must be constructed in accordance with the Safety Regulations laid down.

Whenever possible, ladders are to be made of wood and in good condition. Metal ladders

must not be used where there is any possibility of the ladder coming into contact with an electrical conductor.

Roof working must be properly supervised. 2.12 SAFETY CLOTHES AND EQUIPMENT : This will be supplied by Contractors and sub-Contractors who are working on sites and must

be adequate for the well being of their staff engaged in the type of work contracted for. The equipment and its use must comply with the regulations and codes of practice as laid

down, that apply to the conditions of work being undertaken. Contractors and sub-Contractors will be responsible for the use of any tools and equipment

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

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

2.13 PLANT SERVICES : Before using plant services such as electricity, permission to do so must be obtained from the

appropriate authority, CLIENT Project Engineer or Safety Officer. 2.14 SUPERVISION : Contractors working at the Project site, must ensure that their staff are adequately supervised. 2.15 WARNING SIGNS AND NOTICES : Suitable warning signs are to be displayed warning of potential hazards. 2.16 The Civil Contractor shall at his own expense arrange for complying with all the occupational

safety, health and welfare legislations of Government including the Civil code and the Occupational Safety, Health and Welfare Act.

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SECTION – 3

TOOLS 3.1 ELECTRICALLY DRIVEN PORTABLE TOOLS : Permission is to be obtained from the nominated person before any Contractor or

sub-Contractor's electrical hand tools can be connected to the electricity supply. Connection must be by 3-core and 3-pin plugs and sockets, except when tools are double

insulated on a 2-wire supply. Where the supply is 3-phase, 4-core cable and 4-pin plugs and sockets with earth connections must be used.

Make-shift connections are prohibited. The use of extension cables is discouraged, but sometimes necessary. Portable electric lamps must be the 'Gripper' type with caged wire protection for the bulk and

precautions as laid down under relevant section of the relevant Act of Government must be observed.

In all cases, with the exception of double insulated tools, the metal work of the tools must be

effectively earthed, also any flexible metallic cable coverings must be earthed. 3.2 COMPRESSED AIR TOOLS Contractors and sub-Contractors must obtain permission to use any compressed air supply at

the Project site. Contractors and sub-Contractors must also provide suitable noise suppression for pneumatic

hammers, drills etc. 3.3 PERCUSSION CARTRIDGE TOOLS Permission to use percussion tools must be obtained from the designated safety

representative prior to the use of these tools. Also when using percussion tools, it is the individuals duty to ensure that the charges used in

said tools are correct. These tools are to be handled as dangerous weapons, never leave tools unattended, never leave tools charged or store charged, never point tools at personnel, always lock up when finished both tool and charges.

3.4 HOISTING AND LIFTING : Permission must be obtained prior to the use of Plant and equipment, from the CLIENT

Project Engineer or other nominated responsible person. Equipment must be adequate for the purpose required and anchorage approved by the site

safety officer. All equipment so used must have been examined by a competent person, and where

necessary a certificate obtained in accordance with relevant sections of the relevant Act of Government.

No object is to be left unattended whilst using lifting equipment. 3.5 MOVEMENT OF PLANT AND MACHINERY Permission must be obtained prior to the movement of construction materials, plant or

equipment in and around Project site.

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3.6 POWERED INDUSTRIAL TRUCKS Permission must be obtained prior to the use of lift-trucks by Contractors or sub-Contractors at

the Project site. Trucks must only be driven by competent licensed personnel, and must comply with statutory

regulations. *****

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SECTION – 4 CONTRACTORS AND SUB-CONTRACTORS GUIDELINES 1. Safe working practices must be observed at all times. 2. It is the responsibility of the Contractors and sub-Contractors staff to use appropriate personal

protection. It is the Contractors and sub-Contractors obligation to supply necessary protective equipment and clothing.

3. Certain areas are designated hazardous (eg. noisy areas) and warning signs must be obeyed. 4. Where the Contractors and sub-Contractors work presents a potential hazard, appropriate

notices must be supplied and displayed, and the area made secure as far as is reasonably possible.

5. The CLIENT will not provide tools, materials, lifting or access equipment, fixings or raw

materials, unless by previous arrangement. 6. Any equipment brought to site by Contractors and sub-Contractors must not be used by

untrained persons, and attention is drawn to the indemnity clause of the CLIENT orders, which states that the Contractor is liable for any consequent damage or loss to people, equipment or buildings.

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

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

required to leave the site. 9. Vehicle parking will be in designated areas only. 10. No smoking is allowed in work areas. 11. No food is to be consumed or left in work areas. 12. Warning signs and speed restrictions must be observed. 13. Place of work to be left in a tidy and safe condition at the end of each work period. 14. Care to be taken against contamination of any product of paint, oil, etc. 15. All injuries must be reported to the authorities as per law applicable. 16. A health and safety officer shall be employed on such conditions as circumstances require.

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

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

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

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

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MODEL RULES FOR THE PROTECTION OF HEALTH AND SANITARY ARRANGEMENTS FOR

WORKERS EMPLOYED BY CONTRACTORS

1. FIRST-AID-FACILITIES 1.01 At every work place there shall be provided and maintained, so as to be easily accessible

during working hours, first-aid boxes at the rate of not less than one box for 150 labourers or part thereof ordinary employed.

1.02 The first-aid box shall be distinctly marked with a red cross on white back ground and shall

contain the following equipment, :- 1.02.01 For work places in which the number of labour employed does not exceed 50, each

first-aid box shall contain the following equipments:-

6 small sterilised dressings

3 medium size sterilised dressings

3 large size sterilised dressings

3 large size sterilised burn dressings

1 (30 ml.) bottle containing a two per cent alcoholic solution of iodine.

1 (30 ml.) bottle containing salvolatile having the dose and mode of administration indicated on the label.

1 snakebite lancet

1 (30 gms.) bottle of potassium permanganate crystals

1 pair scissors

1 copy of the first-aid leaflet issued by the Director General, Factory Advice Service and Labour Institutes, Government of India.

1 bottle containing 100 tablets (each of 5 gms.) of aspirin.

Ointment for burns

A bottle of suitable surgical antiseptic solution

1.02.02 For work places in which the number of labour exceed 50.

Each first-aid box shall contain the following equipments.

12 small sterilised dressings

6 medium size sterlised dressings

6 large size sterilised dressings

6 large size sterilised burn dressings

6 (15 gms.) packets sterilised cotton wool

1 (60 ml.) bottle containing a two per cent alcoholic solution of iodine.

1 (60 ml.) bottle containing salvolatile having the dose and mode of administration indicated on the label.

1 roll of adhesive plaster

1 snakebite lancet

1 (30 gms.) bottle of potassium permanganate crystals

1 pair scissors

1 copy of the first-aid leaflet issued by the Director General, Factory Advice Service and Labour Institutes / Government of India.

A bottle containing 100 tablets (each of 5 gms.) of aspirin.

Ointment for burns

A bottle of suitable surgical antiseptic solution

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

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

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1.05 The first-aid box shall be kept in charge of a responsible person who shall always be readily

available during the working hours of the work place. 1.06 A person in charge of the First-aid box shall be a person trained in First-aid treatment, in the

work places where the number of contract labour employed is 150 or more. 1.07 In work places where the number of contract labour employed is 750 or more and hospital

facilities are not available within easy distance from the works, First-aid posts shall be established and run by a trained Compounder. The Compounder shall be on duty and shall be available at all hours whenever the workers are at work.

1.08 Where work places are situated in places which are not towns or cities, a suitable motor

transport shall be kept readily available to carry any injured person or person suddenly fall ill to the nearest hospital.

2.00 DRINKING WATER 2.01 In every work place, there shall be provided and maintained at suitable places, easily

accessible to labour, a sufficient supply of water fit for drinking. 2.02 Where drinking water is obtained from an intermittent public water supply, each work place

shall be provided with storage where such drinking water shall be stored. 2.03 Every water supply or storage shall be at a distance of not less than 50 feet away from any

latrine drain or other source of pollution. Where water has to be drawn from an existing well which is within such proximity of latrine, drain or any other source of pollution, the well shall be properly chlorinated before water is drawn form it for drinking. All such wells shall be entirely closed in and be provided with a trap door which shall be dust and waterproof.

2.04 A reliable pump shall be fitted to each covered well, the trap door shall be kept locked and

opened only for cleaning or inspection which shall be done at least once a month. 3.0 WASHING FACILITIES 3.01 In every work place adequate and suitable facilities for washing shall be provided and

maintained for the use of labour employed and supervisory staff separately therein. 3.02 Separate and adequate cleaning facilities shall be provided for the use of male and female

labourers and supervisory staff. 3.03 Such facilities shall be conveniently accessible and shall be kept in clean and hygienic

condition. 4.0 LATRINE AND URINALS 4.01 Latrines shall be provided in every work place on the following scale namely:- 4.01.01 Where females are employed there shall be at least one latrine for every 25 females. 4.01.02 Where males are employed, there shall be atleast one latrine for every 25 males.

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

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

proper door and fastenings. 4.03 Construction of latrines: the inside walls shall be constructed of masonry or some suitable

heat-resisting non-absorbent materials and shall be cement washed inside and outside. Standard sanitary fixtures & fittings shall be provided.

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

4.04.02 The notice shall also bear the graphic image of a man or of a woman, as the case

may be. 4.05 There shall be atleast one urinal for male workers upto 50 and one for female workers upto

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

4.06.a The latrine and urinals shall be adequately lighted and shall be maintained in a clean and

hygienic condition at all times. b Latrine and urinals other than those connected with a flush sewage system shall comply with

the requirements of the Public Health Authorities. 4.07 Water shall be provided by means of tap or otherwise so as to be conveniently accessible in or

near the latrine and urinals. 4.08 Disposal of excreta shall be arranged either by connection to a municipal sewer with

permission from the local sanitary authority, or by providing connection to a covered soak pit.

4.09 The contractor shall at his own expense, carry out all instructions issued to him by the CLIENT

/ Architects to effect proper disposal of night soil and other conservancy work in respect of the contractor’s workmen or employees on the site. The contractor shall be responsible for payment of any charges which may be levied by Statutory Authority for execution of such on his behalf.

PROVISION OF SHELTER DURING REST

At every place there shall be provided, free of cost, four suitable sheds, two for males and the other two for females, in order rest separately for the use of men and women labour. The height of each shelter shall not be less than 3 metres from the floor level to the lowest part of the roof. These shall be kept clean and the space provided shall be on the basis of 0.6 sq.m per head. Provided that the CLIENT / Architects may permit subject to his satisfaction, a portion of the building under construction or other alternative accommodation to be used for the purpose.

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

The rooms shall be provided with suitable and sufficient openings for light and ventilation. There shall be adequate provision of sweepers to keep the places clean. The contractor shall supply adequate number of toys and games in the play room. The contractor shall provide one ayah to look after the children in the crèche when the number of women workers does not exceed 50 and two when the number of women workers exceeds 50. The use of the rooms earmarked as crèches shall be restricted to children, their attendants and mothers of the children.

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CANTEENS

In every work place where the work regarding the employment of labour is likely to continue for six months and where in contract labour numbering one hundred or more is ordinarily employed, an adequate canteen shall be provided by the contractor for the use of such labour.

The canteen shall be maintained by the contractor in an efficient manner.

The canteen shall consist of at least a dining hall, kitchen, pantry and washing places separately for workers and utensils.

The canteen shall be sufficiently lighted at all times when any person has access to it.

The floor shall be made of smooth and impervious materials and inside walls shall be lime-washed or colour washed.

The premises of the canteen shall be maintained in a clean and sanitary condition.

Waste water shall be carried away in suitable covered drains and shall not be allowed to accumulate so as to cause a nuisance.

Suitable arrangements shall be made for the collection and disposal of garbage.

The floor area of the dining hall shall be suitably provided with furniture.

Sufficient tables, stools, chair or benches shall be available for the number of diners to be accommodated.

There shall be provided and maintained sufficient utensils crockery, furniture and any other equipment’s necessary for the efficient running of the canteen. The furniture utensils and other equipment shall be maintained in a clean and hygienic condition.

Suitable clean clothes for the employees serving in the canteen shall be provided and maintained.

A service counter, if provided, shall have top of smooth and impervious material.

Suitable facilities including an adequate supply of hot water shall be provided for the cleaning of utensils and equipments.

The food stuffs and other items to be served in the canteen shall be in conformity with the normal habits of the contract labour.

The charges for food stuffs, beverages and any other items served in the canteen shall be based on ‘No Profit, No Loss’ and shall be conspicuously displayed in the canteen.

In arriving at the price of foodstuffs, and other article served in the canteen, the following items shall not be taken into consideration as expenditure namely:-

The depreciation and maintenance charges for the building and equipments provided for the canteen.

The cost of purchase, repairs and replacement of equipments including furniture, crockery, cutlery and utensils.

The water charges and other charges incurred for lighting and ventilation.

The interest and amounts spent on the provision and maintenance of equipments provided for the canteen.

TIDEL, Chennai Part 1 – A: Conditions of Contract

99

8.0 Minimum Safety Requirements (To be made a part of Tender conditions and BOQ of

works related package to address the inclusion of PPE, Scaffold, Electrical safety measures, House keeping as a minimum)

Prior to commencing work on Site, the Contractor must make himself aware of all the requirements for the Works and the Site relating to Environment, Health & Safety (EH&S) matters including all relevant legislation and standard codes of practice.

Contractor shall comply with all the EH&S Requirements listed below which shall be deemed a fundamental condition of this Contract.

Contractor must comply in full with all applicable Health & Safety (H&S) local and national legislation. (e.g. Labour Licence, Insurance Policy under Workmen Compensation Act, etc.)

In circumstances where there is a conflict between local or national legislation and these Minimum Safety Requirements (MSR), the higher (more protective) requirement shall prevail.

Guardrails are to be provided at all working places and other locations where persons or materials could fall more than 2.0m / 6'6". Where this can physically not be achieved, suitable and sufficient fall protection devices that do not rely on individuals should be provided and used to establish a safe place of work. (Examples include Safety Nets closely installed under height works, Stretched wire ropes installed to hook up safety harnesses while workers move from one location to another at height, Use of full body safety harnesses with double lanyards etc.)

Full body harness with double lanyard Proper Access to workplatform

All persons working on suspended scaffolds/cradles/gondolas must wear and use appropriate fall prevention equipment so as to protect them effectively at all times when they are at risk from any failure of any part of the scaffold/cradle/gondola, including its suspension system.

Free-standing scaffold towers used externally must not be higher to the top platform level than three times the minimum base dimension, unless secured to a permanent structure. For internal use only, the height to platform may rise to 3.5 times the minimum base dimension. Wheels must be locked when towers are in use. No person is permitted to remain on a tower platform while a tower is being moved.

TIDEL, Chennai Part 1 – A: Conditions of Contract

100

Mobile Scaffolds

Holes, shafts and edges from or through which persons could fall a distance of more than 2 metre /6ft 6in must be clearly marked with signage or other means and be adequately protected by covers or barriers so as to prevent falls of persons and materials.

Holes, Shafts, Floor Penetrations

All temporary electrical circuits must include a Residual Current Device, Earth Leakage Circuit Breaker or Ground Fault Circuit Interrupter at source.

TIDEL, Chennai Part 1 – A: Conditions of Contract

101

Temporary Electrical System

Powered cranes and hoists, aerial platforms and scissors lifts must have a competent driver, certified by a qualified third party. Additionally, the above items must be certified as safe to use by a local government approved third party.

Adequate lighting must be provided to enable safe access to and egress from every place on a site where persons are liable to work, this is in addition to task lighting.

Induction/Orientation

All workers shall receive site-specific safety induction/orientation, before they are involved in any activity at site. They must be made aware of site safety rules, provisions of first aid and welfare facilities such as drinking water, washing place, toilets, rest rooms, etc.

Task related Safety Instruction

Contractor shall ensure all workers shall receive at least one specific task-related training/skilling session per week. This may be achieved by using Toolbox talks &/or induction to Safe Work Method Statement.

Incident/Injury Reporting & Investigation

Contractor shall report and record all incidents, which have potential to cause injuries and damages and also injuries including any first aid cases.

Lost Time Injury (LTI) or serious injury must be intimated immediately as soon as possible by

phone. (If an injured person doesn’t likely to report to work in his next following shift, it is to be recorded as Lost Time Injury)

Job Safety Analysis & Safe Work Method Statement

Contractor must produce detailed Job Safety Analysis / Safe method of work for approval and use only approved work methods only. No work shall start without approved Job Safety Analysis / Safe Work Method Statement. All workers and supervisors must be inducted to Job Safety Analysis / Safe method of work.

(iii) Oxygen / Acetylene / Fuel Gases/ Compressed or Liquefied Gases

(a) All gas cylinders shall be stored, transported and handled as per the requirements of Gas Cylinder Rules, 1981

TIDEL, Chennai Part 1 – A: Conditions of Contract

102

Indian Standard Safety Codes to be followed by the CONTRACTOR

during execution of work

S.No

IS No

Part No./Year

Description

1.

IS 3696

1 - 1987

Safety code for scaffold and ladders

2.

IS 3996

2 - 1991

Safety code for ladders

3.

IS 4014

2 - 1967

Code of practice for steel tubular scaffolding

4.

IS 4081

1986

Safety code for blasting and related drilling operations

5.

IS 4082

1977

Recommendation on stacking and storage materials at site (1st Revision)

6.

IS 4130

1991

Safety code for demolition of buildings 2nd revision

7.

IS 4138

1977

Safety code for working in compressed air

8.

IS 4756

1978

Safety code for funneling work

9.

IS 4912

1978

Safety requirements for floor and wall openings, railing and toe boards

10.

IS 5121

1990

Safety code for piling and other deep foundations

11.

IS 5916

1990

Safety code for constructions involving use of hot bituminous material

12.

IS 7272

1974

Recommendation for labour output constants for building work

13.

IS 7293

1987

Safety code for working with construction machinery

14.

IS 7969

1975

Safety code for handling and storage of building materials with amendment No.1

15.

IS 8989

1978

Safety code for erection of concrete framed structures

TIDEL, Chennai Part 1 – A: Conditions of Contract

103

S.No

IS No

Part No./Year

Description

16.

IS 10067

1982

Material constants in building works

17.

IS 1029

1990

Safety code for dress divers in civil engineering works

18.

IS 10302

1995

Unified nomenclature of workmen for civil engineering

19.

IS 13415

1992

Protective barriers in and around buildings - code of safety

20.

IS 13416

1 - 1992

Preventive measures against hazards at work places - recommendations falling materials hazards prevention

21.

IS 13416

2 - 1992

Preventive measures against hazards at work places - recommendations fall prevention

22.

IS 13416

3 - 1994

Preventive measures against hazards at work places - recommendations disposal of debris

23.

IS 13416

4 - 1994

Preventive measures against hazards at work places - recommendations timber structures

24.

IS 13416

5 - 1994

Preventive measures against hazards at work places - recommendations fire protection

25.

IS 13430

1992

Safety during additional construction and alteration to existing buildings - Code of practice.

TIDEL, Chennai Part 1 – A: Conditions of Contract

104

APPENDIX ‘H’

DRAFT FORM OF PERFORMANCE GUARANTEE

1. In consideration of the Tidel Park Limited, Chennai (hereinafter called “TIDEL ,”) having

agreed to allow M/s. ……………………….. (hereinafter called “the said Civil Contractor(s)”) from the demand under the terms and conditions of an Agreement No. . . . . . . . . . . . . . for the work of Construction of Advanced Computing Design Engineering Centre (ACDEC) for Aerospace and Defence Industries at Vallam vadakal, Sriperumbudur, Kancheepuram District, (hereinafter called “the said Agreement” for furnishing Performance Bond for the due fulfillment by the said Civil Contractor(s) of the terms and conditions in the said Agreement, by production of a BANK GUARANTEE for RS.. . . . . . . . (Rupees.. . . . . . . . . . . only). We the . . . . . . . . . . . . . (Name of the Bank) having our Head Office at . . . . . . . . . . . and having branch at . . . . . . . . . . referred to as “the Bank” at the request of M/s. ….. . . . . . . . Civil Contractor(S) do hereby undertake to pay to TIDEL , an amount not exceeding RS.. . . . . . . on demand by TIDEL ,.

2. We . . . . . . . . . . . . . . . . . . . . (Name of the Bank) . . . . . . . . branch do hereby undertake to pay

the amounts due and payable under this guarantee without any demur, merely on a demand from TIDEL , stating that the amount claimed is required to meet the recoveries due or likely to be due from the said Civil Contractor(s). Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding RS... . . . . . . . (Rupees.. . . . . . . . only).

3. We undertake to pay to the TIDEL ,, the amount due under this Guarantee so demanded

notwithstanding any dispute to disputes raised by the Civil Contractor(s) in any suit or proceeding pending before any Court or Tribunal relating thereto, our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment thereunder.

4. We . . . . . . . . . . . . (Name of the Bank) . . . . . . . . .. branch further agree that the guarantee

herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till the dues of TIDEL , under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till the Engineer in charge on behalf of TIDEL , certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said Civil Contractor(s) accordingly discharges this guarantee.

5. We . . . . . . . . . . (Name of the Bank) . . . . . . . . branch further agree with TIDEL ,, that TIDEL ,

shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said Civil Contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by TIDEL , against the said Civil Contractor(s) and to forbear or enforce any of terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Civil Contractor(s) or for any forbearance act or omission on the part of the TIDEL , or any indulgence by the TIDEL , to the said Civil Contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would but for this provision have effect of so relieving us.

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

Civil Contractor(s). 7. We hereby waive the necessity of your demanding the Civil Contractor before presenting us

with the demand.

TIDEL, Chennai Part 1 – A: Conditions of Contract

105

8. We . . . . . . . . . . . . (Name of the Bank) . . . . . . branch lastly undertakes not to revoke this guarantee except with the previous consent of the TIDEL , in writing.

9. This guarantee shall be valid upto . . . . . . . . . . . . Notwithstanding anything contained herein before our liability against this guarantee is restricted to RS.. . . . . . . (Rupees.….. …. . only) and it will remain in force till . . . . . ………..) unless a claim or demand in writing is made against us under this guarantee before the expiry of six months from the aforesaid date that is before . . . . . . . of . . . . ……….. …. ( . . ………………..) all your rights under the said guarantee shall be forfeited and we shall be relieved and discharged from all liability hereunder.

Dated the day of ……… for (Name of the Bank) Branch.

TIDEL, Chennai Part 1 – A: Conditions of Contract

106

(In a Stamp Paper of Rs.100./-)

AFFIDAVIT We have submitted Bank Guarantee for the work of Construction of Advanced Computing Design Engineering Centre (ACDEC) for Aerospace and Defence Industries at Vallam vadakal, Sriperumbudur, Kancheepuram District bearing Agreement No from (Name of the Bank) branch to the TIDEL , Limited, Chennai with a view to furnish Performance Bond. This Bank Guarantee expires on .. . . …….. We undertake to keep the validity of the Bank Guarantee in force by getting it extended from time to time at our own initiative upto a further period of six months or as directed by TIDEL ,. We also indemnify TIDEL , against any losses arising out of non-encashment of the Bank Guarantee if any. Notary Public Signature Signature of the Civil Contractor

TIDEL, Chennai Part 1 – A: Conditions of Contract

107

APPENDIX ‘I ’

DRAFT OF PROFORMA OF BANK GUARANTEE FOR MOBILIZATION ADVANCE In consideration of the TIDEL, Chennai, (hereinafter called the “CLIENT”) having agreed to pay mobilization advance under the terms and conditions of letter of acceptance No............................... dated ……............ made between M/s. ……………................................………………………………………………………………. a company having its registered office at .............................................................................. in the state of .................... (hereinafter called "the said CIVIL CONTRACTOR" which expression shall unless the context required otherwise include its successors and assigns) for the WORK of construction of ………………………………………………………., Chennai, by "the said CIVIL CONTRACTOR" on production of a Bank Guarantee for Rs. ............................. (Rupees ...............................................................). We, ............................................................ (hereinafter referred to "as the Bank" at the request of M/s..................................................... do hereby undertake to pay to the CLIENT an amount not exceeding Rs................... (Rupees..............................…………. ................................................................. only). We, ................................................ do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the CLIENT stating that the amount claimed is required to meet the recoveries due or likely to be due from the said CIVIL CONTRACTOR. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. ........................... (Rupees .................................. ............................................................... only). We undertake to pay to the CLIENT, any money so demanded not withstanding any dispute or disputes raised by the CIVIL CONTRACTOR in any suit or proceeding pending before any Court or Tribunal relating thereto, our liability under this present being absolute and unequivocal. The payment so made by us under this guarantee shall be a valid discharge of our liability or payment thereunder and the CIVIL CONTRACTOR shall have no claim against us for making such payment. This Guarantee shall remain in force and effect so long as the said advance or any part thereof remaining outstanding and shall expire and become ineffectual only after the recovery of the entire sum of Rs.________________________ covered by the Guarantee. The Guarantee shall come into force from the date CIVIL CONTRACTOR receives from the CLIENT the said advance. This Guarantee will not be discharged due to change in the constitution of the bank or the CIVIL CONTRACTOR. We, .................................................... lastly undertake not to revoke this guarantee except with the previous consent of the CLIENT in writing.

TIDEL, Chennai Part 1 – A: Conditions of Contract

108

This Guarantee shall be valid upto ................................ unless extended on demand by The CLIENT. Notwithstanding anything mentioned above our liability against this guarantee is restricted to Rs............................. (Rupees ........................................………. ................................... only). Witness : For and on behalf of the Bank Name : Designation Address : Date :

TIDEL, Chennai Part 1 – A: Conditions of Contract

109

APPENDIX ‘J’

PROPOSED TIME SCHEDULE

Please furnish the details on separate sheet.

TIDEL, Chennai Part 1 – A: Conditions of Contract

110

APPENDIX ‘K’

SITE OFFICE PLAN

Please refer to the tender drawings

TIDEL, Chennai Part 1 – A: Conditions of Contract

111

APPENDIX - L

Irrevocable Undertaking I/Shri./Smt._______________________________ Proprietor/Partner/Director/Authorised Signatory of M/s. ___________________________________ resident at __________________________________________________do hereby give Irrevocable undertaking as under; 1) I say & undertake that as specified in section 171 of CGST Act, 2017, any reduction in rate of

tax on supply of goods or services or the benefit of input tax credit shall be mandatorily passed on to TIDEL Park Limited (TIDEL) by way of commensurate reduction in prices.

2) I further say and undertake that I understand that in case the same is not passed on and is discovered at any later stage, TIDEL shall be at liberty to initiate legal action against me for its recovery including, but not limited to, an appeal to the Screening Committee of the GST Counsel.

3) I say that above said irrevocable undertaking is binding upon me/my partners/company / other Directors of the company and also upon my/our legal heirs, assignee, Executor, administrator, etc.,

4) If I fail to compliance with the provisions of the GST Act, I shall be liable for penalty / punishment or both as per the provisions of GST Act.

Whatever has been stated here in above is true & correct to my / our own Knowledge & belief. AUTHORISED SIGNATORY & WITH STAMP

TIDEL, Chennai Part 1 – A: Conditions of Contract

112

SECTION - IX

CHECK LIST FOR ENCLOSURES FROM BIDDERS

(The enclosures from bidders may as far as possible be in the same order as given below)

Sl.No Tender Part As called for in Section/Para

Description of Item

Whether enclosed

Yes / No

1 I-A&B Contract Data Earnest Money deposit

2 I-A Appendix-A Covering letter

3 I-A Clause 4.02 under

Eligible Bidders Power of attorney for the signatory

4 I-B Section IV&IX Labour Histogram

5 I-B Section VIII Appendix-A

Organization Chart of Co. showing the Officer in charge of the work at Hd.Office and having direct link with site organization.

6 I-B Section VIII Appendix D

Site Management Staff Schedule

7 I-B Section VIII Appendix A

Curriculum Vitae of Senior officers and supervisory staff

8 I-B Section VIII Appendix A

Material Procurement Plan

9 I-B Section VIII Appendix L

Drawings for Temporary facilities at site

10

I-B Section VIII Appendix B

Planning and execution plan for this work

11 I-B Section VIII Appendix B

Quality Control at procurement and execution stage.

12 I-B Section VIII Appendix A

Plan for coordinating with DSCs and other specialist M&E agencies; Periodical Review and Reporting Systems

13 I-B Section VIII Appendix B

Methodology and Quality Control

14 I-B Section VIII Appendix C

Plant and Equipment to be deployed at site with details

15 I-B Section VIII Appendix D

Contractor’s Site management staff

16 I-B Section VIII Appendix E

List of Laboratory Equipment

TIDEL, Chennai Part 1 – A: Conditions of Contract

113

Sl.No Tender Part As called for in Section/Para

Description of Item

Whether enclosed

Yes / No

17 I-B Section VIII Appendix G

--- Deleted

18 I-B Section V 28.1

Direct sub-contractor’s List including details of their previous experience

19 I-B Section VIII Appendix A

Proposal for Construction Water

20 I-B Section VIII Appendix A

Proposal for construction Power

21 I-B Section VIII Appendix A

Proposal for waste disposal

22 I-B Section VIII Appendix F

Implementation of Safety and Housekeeping procedures as in Safety Handbook

23 I-B Proposed Time Schedule and Bar Chart for this Project

24 Part II Bill of Quantities

Preamble --- Deleted.

Date : Signature of the Bidder With Official Seal Place :

TIDEL, Chennai Part 1 – A: Conditions of Contract

114

PROJECT NO : 7360 PROJECT NAME : Constrcution of structure at proposed TIDEL Aerospace at Vallam Vadagal 1. INTRODUCTION

M/s. CRN (Consultants) Pvt. Ltd are proposing to construct structure at

TIDEL Aerospace, Vallam Vadagal at the location shown in Fig.1. Soil Exploration work

was referred to this firm by M/s. CRN (Consultants) Pvt Ltd, Chennai with a view to

determining the soil properties of the area and to arrive at the most suitable foundation

system for the proposed structure. For this purpose ten boreholes were bored upto a depth

of 8.0M below ground level. The boreholes were terminated after drilling for the required

depth in the cemented silt layer. In addition four Electrical Resistivity tests were conducted at

site. The borehole and ERT locations are given in Fig.1. The work comprised of conducting

Standard Penetration Tests in the field and collecting samples for testing in the laboratory.

The report presents the details of the work, analysis of test results and foundation

recommendations made based on the analysis.

2. EXPLORATION TECHNIQUE

Rotary Drilling technique was adopted for boring in this area. Casing pipes and

bentonite slurry were used to protect the sides of the boreholes. Standard Penetration

Tests were conducted at change of layers and at specified intervals Disturbed

samples were collected in plastic bags from all the layers for visual observation and

classification tests. Undisturbed samples could not be collected since the soil layers

met with were essentially cohesionless in nature.

3. SOIL PROFILE

The profile of the area as observed in the boreholes is given in Figs.2 and 11. The

top soil of 0.5M is non-uniform. The underlying layer is cemented silt upto 4.0 to

5.75M. At the location of BH- 7 &10 cemented sand appears at 2.0 to 2.5M and at

the location of BH-6 disintegratged rock appears at 3.5M below ground level. Water

table was met with at 1.10 to 1.40M below ground level at the time of exploration.

TIDEL, Chennai Part 1 – A: Conditions of Contract

115

4. ANALYSIS OF TEST RESULTS

1. Standard Penetration Test

2. Differential Free Swell Test

3. Grain Size Analysis

4. Determination of Specific Gravity

5. Chemical Analysis of Soil

6. Chemical Analysis of Water

7. Electrical Resistivity Test

An analysis of the results of these tests were presented in this section

of the report.

4.1 Standard Penetration Test

These tests were conducted at change of layers and at specified intervals,

commencing the test at 1.5 M below ground level. The results are

presented graphically in Figs. 2 and 11. The relative density of the cohesionless

layers obtained from the N values are given in the bore logs.

4.2 Differential Free Swell Test

This test was conducted by keeping equal volumes of dry powdered soil in

water and in kerosene. The differential swell is given by,

Dfs = Volume of soil in water – Volume of soil in kerosene

Volume of soil in kerosene

The test was conducted on the samples collected from the cemented silt

layers. The results are given in Table-1. The differential swell noted is

about 20%

4.3 Grain Size Analysis

Combined sieve and hydrometer analyses were conducted on the various samples

collected. The results are given in Table-1. Based on the proportion of the different

soil constituents, the soil is classified using the Triangular Chart Fig -17

4.4 Determination of Specific Gravity

The specific gravities of the soil grains were determined from the various samples

collected. The results are given in Table-1. No abnormal value is noted in the test

results.

TIDEL, Chennai Part 1 – A: Conditions of Contract

116

4.5 Chemical Analysis of Soil

Soil samples collected from different depths are tested for determining

sulphate, chloride, carbonate contents and pH value. The results are given in

Table – 6.

4.6 Chemical Analysis of Water

Water samples collected at the end of boring were tested for determining

sulphate, chloride, carbonate contents and pH value. The results are given in

Table – 7.

4.7 Electrical Resistivity Test

This test was conducted at four location using four electrodes driven into earth

along a straight line at equal intervals in eight directions. The current is passed through the

two outer electrodes and voltage difference is observed between the two inner electrodes.

The resistivity of the soil is proportional to the ratio of the voltage to current. The computed

values of resistivity at these locations for different depths are given in Tables 2 to 5 Figs 12

to 15.

5. FOUNDATION ANALYSIS

For the proposed structure shallow foundations can be given at a depth of

1.5M, resting on the foundation of cemented silt layer.

The safe bearing capacity of the cemented silt layers could be computed

using the formula,

Qa = (0.5 x B x N + DfNq ) 2.5

Where,

B = Width of footing

= Submerged unit weight of soil

taken as 1 gm/cc,

Df = Depth of surcharge

N Nq = Bearing capacity factors based

on the N values taken from Fig 16

TIDEL, Chennai Part 1 – A: Conditions of Contract

117

DEPTH

( M)

SBC

KG/CM^2

1.5 2.5

3.0 down Limited to 5.0

If the load intensity is less than 1kg/cm^2, a CNS layer is required below

foundation to counter the swell pressure. The CNS layer could be non-swelling clayey sand

and gravel with minimum 20% of clay. This layer should be laid in two layers of 25cm

thickness and compacted to minimum dry density of 1.8g/cc.

The settlement of the foundations would be elastic and within 25mm

Over excavation in the foundation trenches should be refilled lean concrete

7. EXCAVATION PROCEDURE

1. Vertical cuts could be given for excavation.

2. Slush formed by any water accumulation should be removed and

refilled by lean concrete.

3. If water accumulates in the foundation trenches, de-watering should be

done by pumping out water from a level lower than the foundation level to maintain

downward flow of water.

8. CONCLUSIONS

1. The area explored has got top soil of 0.5M non-uniform. The underlying layer is

clayey gravel upto 4.0M followed by layers of cemented silts with disintegratged rock

appearing at 10.0M below ground level. Water table was met with at 3.0 to 3.2M

below ground level at the time of exploration.

2. For the proposed structure shallow foundations can be given

at any depth from 1.5M with the SBCs suggested.

3. The settlement of the shallow foundation would be within 50mm.

4. Over excavations in the foundation trenches should be refilled by

excavated clayey gravel layer compacted to minimum dry density of 1.8g/cc

5. Suggested precautions should be adopted while undertaking

the construction.

TIDEL, Chennai Part 1 – A: Conditions of Contract

118

PROJECT : PROPOSED TIDEL AEROSPACE AT VALLAM VADAGAL

Chemical Analysis Of Soil

Bh. No

PH

SULPHATE

SO3 in %

CHLORIDE

in %

CARBONATE

in %

BH-1

BH-2

BH-3

BH-4

BH-5

BH-6

BH-7

BH-8

BH-9

BH-10

7.10

7.13

7.09

7.12

7.13

7.11

7.14

7.10

7.12

7.11

0.06

0.10

0.09

0.06

0.08

0.06

0.11

0.08

0.10

0.11

0.10

0.14

0.12

0.10

0.13

0.11

0.14

0.12

0.10

0.13

0.03

0.04

0.02

0.07

0.05

0.04

0.02

0.05

0.06

0.05

TIDEL, Chennai Part 1 – A: Conditions of Contract

119

PROJECT : PROPOSED TIDEL AEROSPACE AT VALLAM VADAGAL

Chemical Analysis Of Water

Bh. No

PH

SULPHATE

SO3 in %

CHLORIDE

in %

CARBONATE

in %

BH-1

BH-2

BH-3

BH-4

BH-5

BH-6

BH-7

BH-8

BH-9

BH-10

7.08

7.12

7.11

7.10

7.15

7.11

7.14

7.16

7.13

7.10

0.05

0.11

0.06

0.04

0.09

0.05

0.13

0.07

0.12

0.11

0.12

0.15

0.14

0.13

0.10

0.12

0.13

0.11

0.12

0.10

0.03

0.07

0.05

0.04

0.06

0.02

0.05

0.05

0.03

0.04

TIDEL, Chennai Part 1 – A: Conditions of Contract

120

TIDEL PARK LIMITED CONSTRUCTION OF ADVANCED COMPUTING DESIGN ENGINEERING CENTRE (ACDEC) FOR AEROSPACE AND DEFENCE INDUSTRIES AT

VALLAM VADAKAL, SRIPERUMPUDUR, KANCHEEPURAM DISTRICT MILESTONE CHART – PACKAGE - 1

Sl no

Description of works Mile stone in each Month in percentage Total

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Main Building Tower Block, Substation, and Security Block

1 Basement excavation 15 30 40 15 100

PCC and Raft slab including waterproofing

20 30 40 10 100

Basement Columns & Retaining wall up to basement roof level

10 20 30 30 10 100

Basement roof slab and beam including PT works

10 20 40 30 100

Masonry works 30 30 40 100

Joinery works 50 50 100

Waterproofing works 30 40 30 100

Internal Plumbing and sanitary works

30 20 20 15 15 100

Flooring works 30 50 20 100

Plastering and false ceiling works 40 60 100

Painting and finishing works 30 30 40 100

TIDEL, Chennai Part 1 – A: Conditions of Contract

121

Sl no

Description of works Mile stone in each Month in percentage Total

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Miscellaneous works 10 20 20 20 20 10 100

RC columns up to Ground floor roof level

20 40 40 100

2 Ground floor roof slab & beam including PT works

20 40 40 100

Masonry works 30 30 40 100

Joinery works 50 50 100

Waterproofing works 30 40 30 100

Internal Plumbing and sanitary works

30 20 20 15 15 100

Flooring works 30 50 20 100

Plastering and false ceiling works 40 60 100

Painting and finishing works 30 30 40 100

Miscellaneous works 10 20 20 20 20 10 100

RC columns up to 1st floor roof level

60 40 100

3 1st floor roof slab & beam including PT works

50 50 100

Masonry works 30 30 40 100

Joinery works 50 50 100

Waterproofing works 30 40 30 100

TIDEL, Chennai Part 1 – A: Conditions of Contract

122

Sl no

Description of works Mile stone in each Month in percentage Total

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Internal Plumbing and sanitary works

30 20 20 15 15 100

Flooring works 30 50 20 100

Plastering and false ceiling works 40 60 100

Painting and finishing works 30 30 40 100

Miscellaneous works 10 20 20 20 20 10 100

RC columns up to 2nd floor roof level

60 40 100

4 2nd floor roof slab & beam including PT works

50 50 100

Masonry works 30 40 30 100

Joinery works 50 50 100

Waterproofing works 30 40 30 100

Internal Plumbing and sanitary works

30 20 20 15 15 100

Flooring works 30 50 20 100

Plastering and false ceiling works 40 60 100

Painting and finishing works 30 30 40 100

Miscellaneous works 10 20 20 20 20 10 100

RC columns up to 3rd floor roof level

60 40 100

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Sl no

Description of works Mile stone in each Month in percentage Total

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

5 3rd floor roof slab & beam including PT works

50 50 100

Masonry works 30 30 40 100

Joinery works 50 50 100

Waterproofing works 30 40 30 100

Internal Plumbing and sanitary works

30 20 20 15 15 100

Flooring works 30 50 20 100

Plastering and false ceiling works 40 60 100

Painting and finishing works 30 30 40 100

Miscellaneous works 10 20 20 20 20 10 100

RC columns up to 4th floor roof level

60 40 100

6 4th floor roof slab & beam including PT works

50 50 100

Masonry works 30 30 40 100

Joinery works 50 50 100

Waterproofing works 30 40 30 100

Internal Plumbing and sanitary works

30 20 20 15 15 100

Flooring works 30 50 20 100

Plastering and false ceiling works 40 60 100

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Sl no

Description of works Mile stone in each Month in percentage Total

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Painting and finishing works 30 30 40 100

Miscellaneous works 10 20 20 20 20 10 100

RC columns up to 5th floor roof level

60 40 100

7 5th floor roof slab & beam including PT works

50 50 100

Masonry works 30 30 40 100

Joinery works 50 50 100

Waterproofing works 30 40 30 100

Internal Plumbing and sanitary works

30 20 20 15 15 100

Flooring works 30 50 20 100

Plastering and false ceiling works 40 60 100

Painting and finishing works 30 30 40 100

Miscellaneous works 10 20 20 20 20 10 100

RC columns up to 6th floor roof level

60 40 100

8 6th floor roof slab & beam including PT works

50 50 100

Masonry works 30 30 40 100

Joinery works 50 50 100

Waterproofing works 30 40 30 100

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Sl no

Description of works Mile stone in each Month in percentage Total

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Internal Plumbing and sanitary works

30 20 20 15 15 100

Flooring works 30 50 20 100

Plastering and false ceiling works 40 60 100

Painting and finishing works 30 30 40 100

Miscellaneous works 10 20 20 20 20 10 100

RC columns up to 7th floor roof level

60 40 100

9 7th floor roof slab & beam including PT works

50 50 100

Masonry works 30 30 40 100

Joinery works 50 50 100

Waterproofing works 30 40 30 100

Internal Plumbing and sanitary works

30 20 20 15 15 100

Flooring works 30 50 20 100

Plastering and false ceiling works 40 60 100

Painting and finishing works 30 30 40 100

Miscellaneous works 10 20 20 20 20 10 100

RC columns up to 8th floor roof level

60 40 100

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Sl no

Description of works Mile stone in each Month in percentage Total

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

10 8th floor roof slab & beam including PT works

50 50 100

Masonry works 30 30 40 100

Joinery works 50 50 100

Waterproofing works 30 40 30 100

Internal Plumbing and sanitary works

30 20 20 15 15 100

Flooring works 30 50 20 100

Plastering and false ceiling works 40 60 100

Painting and finishing works 30 30 40 100

Miscellaneous works 10 20 20 20 20 10 100

RC columns up to 9th floor roof level

60 40 100

11 9th floor roof slab & beam including PT works

50 50 100

Masonry works 30 30 40 100

Joinery works 50 50 100

Waterproofing works 30 40 30 100

Internal Plumbing and sanitary works

30 20 20 15 15 100

Flooring works 30 50 20 100

Plastering and false ceiling works 40 60 100

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Sl no

Description of works Mile stone in each Month in percentage Total

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Painting and finishing works 30 30 40 100

Miscellaneous works 10 20 20 20 20 10 100

RC columns up to 10th floor roof level

60 40 100

12 10th floor roof slab & beam including PT works

50 50 100

Masonry works 30 30 40 100

Joinery works 50 50 100

Waterproofing works 30 40 30 100

Internal Plumbing and sanitary works

30 20 20 15 15 100

Flooring works 30 50 20 100

Plastering and false ceiling works 40 60 100

Painting and finishing works 30 30 40 100

Miscellaneous works 10 20 20 20 20 10 100

RC columns up to 11th floor roof level

60 40 100

13 11th floor roof slab & beam including PT works

50 50 100

Masonry works 30 30 40 100

Joinery works 50 50 100

Waterproofing works 30 40 30 100

TIDEL, Chennai Part 1 – A: Conditions of Contract

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Sl no

Description of works Mile stone in each Month in percentage Total

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Internal Plumbing and sanitary works

30 20 20 15 15 100

Flooring works 30 50 20 100

Plastering and false ceiling works 40 60 100

Painting and finishing works 30 30 40 100

TIDEL, Chennai Part 1 – A: Conditions of Contract

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Miscellaneous works 10 20 20 20 20 10 100

RC columns up to 12th floor roof level

60 40 100

14 12th floor roof slab & beam including PT works

50 50 100

Masonry works 30 30 40 100

Joinery works 50 50 100

Waterproofing works 30 40 30 100

Internal Plumbing and sanitary works

30 20 20 15 15 100

Flooring works 30 50 20 100

Plastering and false ceiling works 40 60 100

Painting and finishing works 30 30 40 100

Miscellaneous works 10 20 20 20 20 10 100

RC columns up to 13th floor roof level

60 40 100

15 13th floor roof slab & beam including PT works

50 50 100

Masonry works 30 30 40 100

Joinery works 50 50 100

Waterproofing works 30 40 30 100

Internal Plumbing and sanitary works

30 20 20 15 15 100

Flooring works 30 50 20 100

Plastering and false ceiling works 40 60 100

TIDEL, Chennai Part 1 – A: Conditions of Contract

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Painting and finishing works 30 30 40 100

Miscellaneous works 10 20 20 20 20 10 100

RC columns up to 14th floor roof level

60 40 100

16 14th floor roof slab & beam including PT works

50 50 100

Masonry works 30 30 40 100

Joinery works 50 50 100

Waterproofing works 30 40 30 100

Internal Plumbing and sanitary works

30 20 20 15 15 100

Flooring works 30 50 20 100

Plastering and false ceiling works 40 60 100

Painting and finishing works 30 30 40 100

Miscellaneous works 10 20 20 20 20 10 100

RC columns up to 15th floor roof level

60 40 100

17 15th floor roof slab & beam including PT works

50 50 100

Masonry works 30 30 40 100

Joinery works 50 50 100

Waterproofing works 30 40 30 100

Internal Plumbing and sanitary works

30 20 20 15 15 100

Flooring works 30 50 20 100

TIDEL, Chennai Part 1 – A: Conditions of Contract

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Plastering and false ceiling works 40 60 100

Painting and finishing works 30 30 40 100

Miscellaneous works 10 20 20 20 20 10 100

RC columns up to 16th floor roof level

60 40 100

18 16th floor roof slab & beam including PT works

50 50 100

Masonry works 30 30 40 100

Joinery works 50 50 100

Waterproofing works 30 40 30 100

Internal Plumbing and sanitary works

30 20 20 15 15 100

Flooring works 30 50 20 100

Plastering and false ceiling works 40 60 100

Painting and finishing works 30 30 40 100

Miscellaneous works 10 20 20 20 20 10 100

RC columns up to 17th floor roof level

60 40 100

19 17th floor roof slab & beam including PT works

50 50 100

Masonry works 30 30 40 100

Joinery works 50 50 100

Waterproofing works 30 40 30 100

TIDEL, Chennai Part 1 – A: Conditions of Contract

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Internal Plumbing and sanitary works

30 20 20 30 100

Flooring works 30 50 20 100

Plastering and false ceiling works 40 60 100

Painting and finishing works 30 30 40 100

Miscellaneous works 10 20 30 20 10 10 100

RC columns up to 18th floor roof level

60 40 100

20 18th floor roof slab & beam including PT works

50 50 100

Masonry works 30 30 40 100

Joinery works 50 50 100

Waterproofing works 30 40 30 100

Internal Plumbing and sanitary works

30 30 40 100

Flooring works 30 50 20 100

Plastering and false ceiling works 40 60 100

Painting and finishing works 60 40 100

Miscellaneous works 10 20 30 20 10 10 100

RC columns up to 19th floor roof level

60 40 100

21 19th floor roof slab & beam including PT works

50 50 100

Masonry works 30 30 40 100

Joinery works 50 50 100

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Waterproofing works 30 40 30 100

Internal Plumbing and sanitary works

30 30 40 100

Flooring works 30 50 20 100

Plastering and false ceiling works 40 60 100

Painting and finishing works 60 40 100

Miscellaneous works 10 20 30 20 10 10 100

RC columns up to 20th floor roof level

60 40 100

22 20th floor roof slab & beam including PT works

50 50 100

Masonry works 30 40 30 100

Joinery works 50 50 100

Waterproofing works 30 40 30 100

Internal Plumbing and sanitary works

30 30 40 100

Flooring works 30 50 20 100

Plastering and false ceiling works 40 60 100

Painting and finishing works 60 40 100

Miscellaneous works 10 20 30 20 10 10 100

RC columns in Terrace floor 60 40 100

23 Terrace floor slab and beam 50 50 100

Masonry works 30 40 30 100

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Joinery works 50 50 100

Waterproofing works 30 40 30 100

Internal Plumbing and sanitary works

50 50 100

Flooring works 30 50 20 100

Plastering and false ceiling works 40 60 100

Painting and finishing works 60 40 100

Miscellaneous works 20 30 30 10 10 100

24 External Plumbing and Sanitary works including OHT

10 10 10 10 10 10 10 10 10 10 100

25 External site development filling, etc

10 10 10 10 10 10 10 10 10 10 100

26 Compound wall and Rain water Harvesting pond etc

10 10 10 10 10 10 10 10 10 10 100

27 Electrical trench and storm water drain

10 10 10 10 10 10 10 10 10 10 100

28 Road, Pathway and Parking pavement work

10 20 20 20 10 10 10 100

29 External Façade (structural glazing works)

10 10 10 20 20 20 10 100

30 External Façade Access system 10 20 20 20 20 10 100

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31 Sewage Treatment Plant 10 30 10 20 10 10 10 100

32 Underground Sump 10 20 20 20 25 5 100

33 HSD Yard 20 20 30 30 100

34 Signage works 20 20 60 100

35 Landscape works 20 20 20 40 100

Note:- RCC of all member includes formwork, reinforcement steel and concreting works. All utility services like, Plumbing and sanitary, STP, drain, and trenches, waterproofing, UG sump, external façade access system and structural glazing all works inclusive of testing, commissioning and handing over