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Charkha Installation Tender Document Contract Document for Installation of Steel Charkha Sculpture Client: Khadi and Village Industries Commission, Ahmedabad Architect: E CUBE PLANNERS & DESIGNERS

Contract Document for Installation of Steel Charkha … Contractor shall comply with the provisions of the Payment of Wages Act 1936, Minimum Wages Act 1948, Clients Liability Act

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Charkha Installation Tender Document

Contract Document for Installation of Steel Charkha Sculpture

Client: Khadi and Village Industries Commission, Ahmedabad

Architect: E CUBE PLANNERS & DESIGNERS

Charkha Installation Tender Document

Contents:

A. Scope of works and Project Details

B. General Conditions of Contract

C. Annexure

Annexure I: Reference to General Conditions of Contract Annexure II: Contractual Agreement Annexure III: Guarantee Performa- Anti termite Annexure IV: Bill of Quantities Annexure V: Tender Drawings

Charkha Installation Tender Document

A. SCOPE OF WORK AND PROJECT DETAILS

1. This Contract is for Installation of Steel Charkha Sculpture at Riverfront in Ahmedabad.

2. The Works shall include Lifting Carting, execution of RCC Shell and Core, and Civil finishes. etc.

3. Type of Contract : With labour and material contract on Item rate basis

4. Date of Commencement : Issuance of Letter of Intent

5. Date of Completion: 4 weeks from the date of Work order.

Charkha Installation Tender Document

B. GENERAL CONDITIONS OF CONTRACT

1. Definition

2. Contractor's Obligations

3. Director,KVIC Ahmedabads Instructions

4. Access to the Works and Work by Others

5. Commencement, Completion and Extension of Time

6. Practical Completion and Defects Liability

7. Early Occupation of the Works

8. Facilities for Contractor

9. The Contract Sum

10. Payment and Certification

11. Contractor’s Suspension of the Works

12. Risks in the Works and Insurances

13. Antiquities

14. Assignment and Sub‐Letting

15. Termination

16. Consequences of Termination

17. Notices

18. Arbitration

19. Force Majeure

20. Contracts

21. Entire Agreement

Charkha Installation Tender Document

1. Definitions Terms used in this Contract shall have the following meanings unless the context otherwise requires: ‐

1.1. “Arbitration” means the process whereby disputes arising under this Contract are referred to for resolution. This will be subjected to Ahmedabad Jurisdiction and an Arbitrator will be appointed, if necessary, by Director,KVIC Ahmedabad.

1.2. "Annexure" means the document provided by the Director,KVIC Ahmedabad for this Contract which has

been initiated by the parties for the purposes of identification at the time of signing this Contract.

1.3. “Architect” means “E cube Planners and Designers”, Ahmedabad or any other persons notified in writing by the Client from time to time.

1.4. "Client" means “Khadi India” which term unless repugnant to the context, shall mean and include its legal heirs, representatives, and successors in title.

1.5. "Contractor" means the contractor stated on the cover of this Contract and shall where the context admits include any authorized personnel or agent of the Contractor.

1.6. "Contract Documents" means this Contract hereto together with the Annexure which includes the drawings, the Contract Programme, and any subsequent instructions by the Director,KVIC Ahmedabad for method of working.

1.7. "Contract Programme" means the document identified as such and contained in the Annexure which shows the anticipated programme and sequence for the carrying out of the Works.

1.8. “Contract Sum” means the sum of money provided in the Contract hereto and payable according to the

provisions of this Contract.

1.9. "Defect" is any part of the Works not completed in accordance with the Contract.

1.10. "Defects Liability Period" means the period provided in Clause 7.1.

1.11. “Design Team” means the Architect, Landscape and Structural Consultant or any further persons notified in writing by the Client to the Contractor from time to time.

1.12. “Design Works Information” means copies of all drawings, details, and information as are reasonably

necessary in the opinion of the Director,KVIC Ahmedabad to explain and amplify the Contract Documents.

1.13. “Drawings” means the drawings showing or describing the Works issued during the course of Project and (or) the Project listed and (or) referred to in the Annexure IV.

1.14. “Effective Date” means the date, notwithstanding the date of this Contract, that the Contractor has agreed during finalization for commencement of Works.

1.15. “Force Majeure” shall mean an event or circumstance beyond the control of the parties, such as a war,

strike, riot, crime, or an event described by the legal term "act of God" (e.g., flooding, earthquake and volcano), prevents one or both parties from fulfilling their obligations under the contract.

1.16. “Instruction” shall mean any notice, rules, regulations and (or) direction issued in writing by the Director,KVIC Ahmedabad on a standard letter or pro forma or email.

1.17. "Method Statement" means the documents prepared by the contractor describing the method of working and execution approved by respective Consultants and Director,KVIC Ahmedabad.

Charkha Installation Tender Document

1.18. "Period(s) for Completion" means the period(s) for completion of the Works and where appropriate any part thereof as stated in the Contract Programme as such period(s) may be extended from time to time under Clause 6.

1.19. "Period for Commencement" means the period for commencement of the works

1.20. “Practical Completion” means completion of Project including completion of de-snagging works as per specifications and satisfaction of Director,KVIC Ahmedabad.

1.21. "Director,KVIC Ahmedabad” means Project Engineer appointed by Client to represent authorized for decision making and approvals for smooth functioning of the Project or any further other persons notified in writing by the Client to the Contractor from time to time.

1.22. “Scope” means the Scope of Works described or referred to in the Work Order, based on this contract.

1.23. "Shop Drawings" means those drawings for works to be designed by the Contractor as described in the Contract Documents.

1.24. “Site” means as define by KVIC Ahmedabad, Ahmedabad”.

1.25. "Specification" means the specifications for the Works described or referred to in this Contract

Document.

1.26. "Statutory Requirements" means any Act of Parliament, any applicable Indian directive, any instrument, rule or order made under any Act of Parliament, or any regulation of any local authority or of any statutory undertaker (or any successor thereto as the supplier of services) or any conditions attached to any notices served under any such Act, Instrument, Rule or Order, Regulation which has any application to the Works or with whose systems the same are, or will be connected to any codes of practice, guidance notes and recommendations for the time being in force.

1.27. "Variation" means the alteration or modification of the Design, Scope or Quality of the Works as described within the Contract Documents.

1.28. "Working Day" means for the purposes of the notice and payment provisions of this Contract, shall exclude any day which is a recognized public holiday by State and (or) Central Government.

1.29. "Works" means any permanent or temporary or either of them as appropriate, the design Works,

procurement, fabrication, installation, execution, completion and commissioning of the Works described in the Contract Documents and all works to be reasonably inferred from the Contract Documents. Where the context requires the term "Works" denotes any part thereof identified as such in the Contract Documents.

2. Contractor's Obligations

2.1. The Contractor shall carry out and complete the Works in accordance with the Contract Documents and any Instructions, drawings, details and information issued by the Director,KVIC Ahmedabad.

2.2. The Contractor shall be deemed to have full knowledge of the extent and nature of the Works, the Project and the Site, and shall allow for all items of Works described within or reasonably inferred from the Contract Documents. In particular the Contractor shall allow for any restrictions which will be applied to working hours, methods of working, access routes for construction vehicles, parking and any other restraints affecting the timing or methods of construction.

Charkha Installation Tender Document

2.3. The Contractor shall take all site dimensions, verify with the Director,KVIC Ahmedabad and check site dimensions in relation to the drawings and shall accept full responsibility for the accurate setting out of the Works.

2.4. The Contractor shall measure, document and get it verified by the Director,KVIC Ahmedabad, all previously done works or scope of works on the Project by any other Contractor. The Contractor shall also satisfy himself of the quality and quantum of remaining works and agree any discrepancy at the outset. No claim whatsoever, unless approved by the Director,KVIC Ahmedabad, shall be entertained in future.

2.5. Client has an authority to reduce the scope of work from the contract at any stage of project.

2.6. The Contractor shall provide a Schedule of programme and method statement in format and content to

be agreed with the Director,KVIC Ahmedabad. The timing and production of the programme and method statements to be as required by the Director,KVIC Ahmedabad.

2.7. In case of defective execution of the work, the Client shall be entitled to recover the cost of defective work with material at current market rate from the Contractor and shall also be entitled to get the work done as per specification through any other person at the cost of the Contractor.

2.8. The Contractor shall warrant and undertake that the Works and the designs contained within them and any goods or equipment supplied as part of the Works will comply with the applicable Indian Standards.

2.9. The Contractor shall co‐operate and assist the Director,KVIC Ahmedabad in his roles. The decision of the Director,KVIC Ahmedabad with regards to the quality and adequacy of workmanship shall be final and binding on the Contractor.

2.10. The Contractor shall constantly keep upon the Works, experienced qualified Engineers, skilled supervisors

and construction team as approved by the Director,KVIC Ahmedabad. Nominate a qualified person who shall act as the full‐time representative of the Contractor on the Site, supervising the Works and attending site meetings as required by the Director,KVIC Ahmedabad.

2.11. The Contractor shall not, without the written consent of the Director,KVIC Ahmedabad assign the Works to others.

2.11.1. Director,KVIC Ahmedabad shall be fully entitled to assign and/or charge or otherwise transfer all of its rights under this Contract at any time without the consent of the Contractor being required.

2.11.2. Contractor shall not without the written consent of the Director,KVIC Ahmedabad Sub‐let any

portion of the Works. No subletting by the Contractor and no consent of the Director,KVIC Ahmedabad shall in any way relieve the Contractor from his responsibility for the execution and completion of the Works in accordance with the provisions of this Contract.

2.12. The Contractor shall exercise in the performance of his obligations under this Contract, all the reasonable

skill, care and diligence to be expected of a competent specialist contractor experienced in carrying out work of a similar scope, nature, size and complexity to Project; without prejudice to any express or implied warranties or conditions.

2.13. The Contractor shall co‐operate and share the Site with other contractors, public authorities, utilities, Consultants and the Client. The Director,KVIC Ahmedabad may notify the schedule of other Contractors and shall notify the Contractor of any such modification.

2.14. In no circumstances Contractor shall demobilize manpower and machinery during the course of work

progress without written permission of the Director,KVIC Ahmedabad.

Charkha Installation Tender Document

2.15. The Contractor shall, on completion of the Works, remove all plant and tools of the Contractor and clear away all rubbish occasioned by his operations and leave the job clean and tidy to the satisfaction of the Director,KVIC Ahmedabad.

2.16. In the event of any mis‐happening or casualty during construction, the Client shall be indemnified and the Contractor shall be solely responsible for such mis-happening or casualty and all the consequences arising thereof including any financial damages, civil liability or criminal liability. If the Client incurs any loss on this account the same shall be reimbursed by the Contractor to the Client, or deducted from Contractors bill, whichever applicable.

2.17. The Contractor shall comply with the provisions of the Payment of Wages Act 1936, Minimum Wages Act

1948, Clients Liability Act 1938, Workmen Compensation Act 1923, Industrial Dispute Act 1947, Maternity Benefit Act 1961 and Contract Labour (Regulation and Abolition) Act 1937, Employment of Children Act 1938, Employees State Insurance Act, Provident Fund Act etc. or any modifications thereof or any other law in relation thereto the rules made from time to time.

2.18. The Contractor shall ensure that no labour below the age of 18 years shall be employed on the Site.

2.19. The Contractor shall not pay less than what is provided under law to labours engaged by him on the work.

2.20. The Contractor shall maintain in‐force Insurance with reputed insurers and indemnify the Client against

any cost, expense, liability, loss, claim or proceedings whatsoever arising under any statute or at common law in respect of:

2.20.1. Personal injury to or the death of any person whomsoever arising out of or caused during the

execution of the Works, unless and to the extent that the same is due to any act or neglect of the Client or any person for whom the Client is responsible not withstanding Contractor’s responsibility as defined in Clause 2.19.2;

2.20.2. Without prejudice to the foregoing the Contractor shall effect and maintain Third Party Public

Liability with a minimum level of indemnity of Rs.1 lakhs on any one and each and every occurrence for the period of 10months or period for execution whichever is on higher side. Comply with all instructions issued to the Contractor by the Director,KVIC Ahmedabad relating to the conduct of work on the Site and adhere to the Director,KVIC Ahmedabad’s industrial relations, safety, fire prevention and quality assurance policies.

2.21. The Contractor undertakes that it shall not disclose to any Third Party or make use of any information of

any kind whatsoever relating to the Works, the Projects a whole.

2.22. The Contractor shall indemnify and keep indemnified the Client against any claims, costs, damage, expense, (including reasonable legal fees and fees of counsel of the Client's choice) or loss whatsoever suffered by the Client or incurred to any Third party to the extent that the same arises out of or in connection with any breach of this Contract or any negligence or breach of Statutory Obligations on the part of the Contractor or any subcontractor or supplier of any tier.

2.23. The Contractor shall make all applications, give all notices and pay all fees required by and shall comply

with the provisions of the Statutory Requirements related to Employment and Labour Laws. 2.24. The Contractor will get himself registered under shops and Establishment Act or any other law as

applicable.

2.25. The Contractor will obtain license under the Contract Labour (Regulation and Abolition) Act to the number of workers engaged by him by depositing the fees and complying with formalities. He shall also seek renewal of the license at or before the expiry of the license.

Charkha Installation Tender Document

2.26. The Contractor shall supply to the Director,KVIC Ahmedabad, copies of the relevant documents given to or received by him in respect of the Statutory Requirements.

2.27. The Contractor shall ensure that workmanship meets requirements and standards described in the Indian

Standards, Contract Documents or Instructions issued along with the results of tests prescribed by Director,KVIC Ahmedabad under this Contract or as described in any documents properly prepared by the Contractor in relation to any design produced by the Design Team included in the Design Works Information.

2.28. The Contractor shall specify or use in the Works, all goods, materials, substances or products which are in

accordance with relevant latest revision of Indian Standards and Codes of Practice. None of these should otherwise generally be known or suspected by members of the Contractor's profession, or which become known during the course of the Project, to be deleterious or hazardous to Health and Safety or the durability of the Project in the particular circumstances in which they are used.

2.29. The Contractor shall take prior approval for material used for Project from the Director,KVIC Ahmedabad.

Any delay occurring due to this shall be the sole responsibility of the Contractor.

2.30. The Contractor shall undertake at his cost, all the tests specified in applicable Indian Standards to the satisfaction of Director,KVIC Ahmedabad for the material supplied and procured by the Contractor as well as material supplied and procured by the Client. The required tests shall be carried out at Third Party Laboratory. Laboratory should be National Accreditation Board for Testing and Calibration Laboratories (NABL) approved.

2.31. If the Director,KVIC Ahmedabad instructs the Contractor to carry out a test not specified in the Contract

to check whether any work has a Defect, Contractor shall pay for the test and any number of samples. If any defect is found, during test, then contractor shall repair the same at his cost without any additional time.

2.32. The Contractor shall ensure safe working methods including safety of personnel. The Contractor shall

make his own arrangements for safe storage of materials.

2.33. The Contractor shall ensure that the Works shall not suffer due to religious holidays (local or national), if required, to achieve the milestone dates or overall programme. The Director,KVIC Ahmedabad’s decision in this matter shall be final and binding.

2.34. In the eventuality of any accidents, injuries, deaths etc., during the execution of the Project, the

Contractor shall be solely responsible for the same and the Client shall not stand responsible or accountable for any claims whatsoever from any agencies or sub agencies whosoever. The Contractor shall indemnify the Client against all claims.

2.35. The Contractor shall employ labour in sufficient numbers either directly or through sub-contractor to

maintain the required rate of progress and of quality to ensure workmanship of the degree specified in the Contract and to the satisfaction of the Director,KVIC Ahmedabad.

2.36. The Contractor shall furnish to the Director,KVIC Ahmedabad the number and description by trades of the work people employed on the work. The Contractor shall also submit on the 4th & 19th of every month to the Director,KVIC Ahmedabad true statement showing in respect of the second half of the preceding month and the first half of the current month (1) the accidents that occurred during the said fortnight showing the circumstances under which they happened and the extent of damages and injury caused by them as well as remedial measures taken and (2) the number of female workers who have been allowed Maternity Benefit as provided in the Maternity Benefit Act, 1961 or rules made hereunder and the amount paid to them.

Charkha Installation Tender Document

2.37. The Contractor shall comply with the provisions of the Apprentice Act 1962 and the rules and orders issued there under from time to time. If he fails to do so, his failure will be a breach of the contract. The contractor shall be liable for any pecuniary liability arising out of any violation by him of the provision of the act.

2.38. In respect of all labour directly or indirectly employed in the works for the performance of the

Contractor’s part of this Contract, the Contractor shall comply with or cause to be complied with all the rules and regulations of the local Sanitary and other Authorities or as framed by the Client from time to time for the protection of Health and Sanitary arrangements for all labourers.

2.39. Safety Procedures

The Contractor shall: a. Provide at his own expense all necessary Personal Protective Equipment (e.g., Hard Hats, safety

shoes,etc) for his laborers, engineers, supervisors, as well as members of Client’s team, Director,KVIC Ahmedabad, Consultants and visitors.

b. Comply with all applicable Safety Regulations, c. Take care for the Safety of all persons entitled to be on the Site, d. Use reasonable efforts to keep the Site and Works clear of unnecessary obstruction so as to avoid

danger to these persons. e. Provide fencing, lighting, guarding and watching of the Works until completion and handing over

etc. f. The Contractor shall provide any Temporary Works (including roadways, footways, guards and

fences) which may be necessary, because of the execution of the Works, for the use and protection of the public and of owners and occupiers of adjacent land.

2.40. Quality Assurance

a) The Contractor shall institute a quality assurance system to demonstrate compliance with the requirements of the Contract. The system shall be in accordance with the Indian Standards and details stated in the Contract. The Director,KVIC Ahmedabad shall be entitled to audit any aspect of the system.

b) Compliance with the Quality Assurance system shall not relieve the Contractor of any of his duties, obligations or responsibilities under the Contract.

3. Director, KVIC Ahmedabad Instructions 3.1. At any time up to Practical Completion, the Director,KVIC Ahmedabad may issue written Instruction

whatsoever in relation to the Works that he considers appropriate, including an Instruction for a Variation, to postpone or recommence the Works or any part, to open up or test any part of the Works, to remove defective work and to accelerate, extend or to re sequence the Works.

3.2. Except to the extent that any Instruction or Variation results from/or is necessary in order to overcome the adverse effects of any negligence or breach of Contract on the part of the Contractor or any sub‐contractor or supplier of any tier, the Contract Sum shall be adjusted in respect of such Instruction or Variation in accordance with Clauses 3.3 to 3.7.

3.3. Within 5 Working Days of receipt of any Instruction for a Variation under Clause 3.1 which materially

affects the Contractor's ability to perform his obligation under this Contract, the Contractor shall submit to the Director,KVIC Ahmedabad estimates of the adjustment to the Contract Sum (together with supporting calculations) to be made consequent upon the same and of any extension of time to which he considers he is due under Clause 6.4.

3.4. Director,KVIC Ahmedabad shall within 5 Working Days of receipt of the Contractor’s estimate respond to

the estimate. In any event the Contractor shall comply with the Instruction unless the Instruction is withdrawn by the Director,KVIC Ahmedabad.

Charkha Installation Tender Document

3.5. If the Contractor and the Director,KVIC Ahmedabad shall agree, the said estimates, the agreed adjustment

to the Contract Sum and the agreed extension of time shall each be made.

3.6. In the absence of agreement of the Contractor’s estimate, a fair and reasonable adjustment to the Contract Sum shall be made having regard to the agreed Payment Schedule set out in the Contract.

3.7. The Client reserves the right to employ others to execute any works instructed, if the Contractor is unable

to undertake the Work. The Contractor shall be liable for all expenses and consequences for the same, as quantified and certified by the Director,KVIC Ahmedabad.

4. Access to the Works and Work by Others

4.1. The Client shall give to the Contractor in common with other parties on the Site access to such parts of the Site as shall be reasonably necessary to enable the Contractor to execute the Works. The Contractor shall have no claim for any addition to the Contract Sum or for damages or extension of time if during this Contract there is any alteration to the facilities for access to the Site, the Works or the Project unless such alteration materially affects the Contractor’s ability to carry out his obligations under the Contract.

4.2. The Contractor shall ensure that sub‐contractors and suppliers of any tier give to the Design Team, Director,KVIC Ahmedabad and all persons authorized by them unrestricted access to the Works and to the workshops or other places where design work or materials are being prepared or stored for the Works for the purposes of testing, examining or inspecting the same.

4.3. The Contractor shall permit and facilitate the execution of work by others on the Site as specified in the

Contract Documents or as may be reasonably required by the Director,KVIC Ahmedabad. The Contractor shall cooperate with all such persons (including where required by Director,KVIC Ahmedabad the joint setting out of the Works, the joint preparation of coordination drawings and re sequencing the Works) and shall assist the Director,KVIC Ahmedabad in the coordination and integration of the Works, with the works of such persons.

4.4. The Contractor shall satisfy himself in good and sufficient time before commencing any part of the Works

as to the position, dimensions and suitability of any previous work which might affect the Works and shall promptly advise the Director,KVIC Ahmedabad in writing if such previous work is out of position or wrongly dimensioned or unsuitable.

5. Commencement, Completion and Extension of Time 5.1. The Contractor shall commence execution of the Works within the Period for Commencement and shall

proceed regularly and diligently with the same and shall complete the Works and where the Works are to be completed in parts, each part of them within the relevant Period(s) for Completion.

5.2. Upon it becoming reasonably apparent that the progress of the Works or of any part of the Works is delayed or is likely to be delayed, the Contractor shall forthwith give in writing the cause of delay to the Director,KVIC Ahmedabad within 7 Working Days thereafter provide full written particulars of the expected effects thereof and an estimate of the extent of the expected delay in completion of the Works or any relevant part and the estimate of the adjustment to the Contract Sum. The Contractor shall give such further notices, particulars and estimates as may be necessary or may be required from time to time by the Director,KVIC Ahmedabad. The Contractor shall be liable to any Time extension, for the Project, only if there occurs a major revision in Design and/or Scope of works. The decision pertaining to grant of extension and duration of extension shall be taken by Director,KVIC Ahmedabad jointly and shall be final and binding to the Contractor.

5.3. If the Director,KVIC Ahmedabad shall grant an extension of time or issue an Instruction to accelerate the

Works the Contractor shall issue to the Director,KVIC Ahmedabad a revised Contract Programme within 5

Charkha Installation Tender Document

Working Days of granting such extension or issuing such Instruction and the Contractor shall comply with the same.

5.4. During the period for agreeing the final account the Director,KVIC Ahmedabad shall review the extensions

of time he has granted or considered and shall either confirm the same, reduce or grant further extensions of time if he considers it fair and reasonable to do so.

6. Practical Completion and Defects Liability

6.1. When in the joint opinion of the Director,KVIC Ahmedabad and (or) the Design team, the Project or any part thereof is practically (Completion with de-snagging work) complete, the Director,KVIC Ahmedabad shall issue a certificate to that effect signed and (or) also by the Designer, and Practical Completion of the Project or any part thereof shall occur on the day therein named. The Defects Liability Period shall be considered as 12 months commencing upon the date of Practical Completion of the overall Project.

6.2. If the Contractor fails to conduct the de snagging work on time as per the mutually agreed programme prepared by the Contractor and Director,KVIC Ahmedabad, than the Director,KVIC Ahmedabad may instruct other contractor (agency) to carry out the works at Contractor’s risk. The costs thereby incurred shall be a debt due, to the Client from the Contractor and may be deducted from the immediate due payment as per the rate other Contractor submitted.

6.3. The Contractor shall remedy and (or) complete any defects which may appear prior to the expiry of the

Defects Liability Period. At the end of the Defects Liability Period, the Director,KVIC Ahmedabad shall issue a certificate of making good the defects.

7. Early Occupation of the Works

7.1. The Client may, upon written notice from the Director,KVIC Ahmedabadto the Contractor, take early occupation of any part of the Works or any area within such part, prior to Practical Completion of the Project in which event the Client shall assume responsibility for risk in relation to such part or area within such part of the Works.

7.2. If the part occupation is for Interior fit‐out work then the responsibility and accountability for the Site remains with the Contractor.

8. Facilities for Contractor

8.1. Free Water and electricity for construction purpose at one point within the Site, as decided by Client shall be provided to Contractor. Maintenance and distribution costs shall be within the scope of Contractor.

8.2. Contractor shall provide all necessary services/facility to other secondary and/or sub-contractors with actual cost on the basis of mutually agreed by both; final decision shall be taken by Director,KVIC Ahmedabad. There will be no time extension granted due to any delay in getting the basic utilities on Site to Contractor. Construction of labour camp and facility for material storage and other infrastructure if required shall be done by Contractor at his own cost and risk.

9. The Contract Sum

9.1. Nothing contained in this Contract shall in any way limit or exclude any of the Client's rights to set‐off (whether under this Contract or otherwise) any sums to which he is or may become entitled, whether as damages or otherwise, from or against the Contract Sum or any monies otherwise due to the Contractor under this Contract.

9.2. Before exercising any right of set‐off the Client or Director,KVIC Ahmedabad shall give written notice ("Withholding Notice") to the Contractor of his intention to withhold sums not less than 3 Working Days before the final date for payment. Such Withholding Notice shall specify the sums to be withheld and the reasons for withholding such sums.

Charkha Installation Tender Document

10. Payment and Certification 10.1. No mobilization advance shall be paid. 10.2. The RA Bill dates, interim certificate dates, receipt of tax invoice dates, due payment dates and final

payment dates shall be agreed between the Director,KVIC Ahmedabad and the Contractor in writing.

10.3. The Contractor shall submit to the Director,KVIC Ahmedabad interim bills stating the total amounts he considers due to the Contractor, with all supporting documents as may be required by the Director,KVIC Ahmedabad.

10.4. No later than 10 Working Days from receipt of such applications the Director,KVIC Ahmedabad shall

issue interim certificate/notice of payment, stating the amount due to the Contractor, which shall be 100% of the total value of work, deemed properly executed, in the opinion of the Director,KVIC Ahmedabad. Less all amounts previously stated as due in any prior Certificate and less any amount previously notified to the Contractor which may become due to the Client from the Contractor whether by deduction from the Contract Sum in accordance with clause 10.2 or otherwise.

10.5. Not later than 5 Working Days after the due date for payment the Director,KVIC Ahmedabad shall give a

written notice to the Contractor which shall, in respect of the amount due, specify the amount proposed to be made, to what the amount of the payment relates and the basis on which the amount is calculated.

10.6. The Contractor shall issue to the Client a Tax Invoice in respect of the sum detailed in the interim

certificate, no later than 5 Working Days from the date of the interim certificate.

10.7. The Client shall pay, making necessary deductions such as, TDS, WCT, 5% retention; to the Contractor the amount stated as due on any interim certificate/notice of payment within 10 Working Days (final date for payment) from the date of receipt of a Tax invoice ("the due date for payment") in accordance with the current service tax and other taxation regulations from the Contractor, and thereupon materials and goods, included within such certificates, shall become the property of the Client if they have not previously become his property.

10.8. All Certificates issued under Clause no. 11 shall be issued to the Client with a copy to the Contractor.

10.9. Upon Practical Completion of the Project and after completing all de‐snagging work and receipt of all

operating and maintenance manuals and as‐built drawings relating to the Works, the Contractor shall be entitled to apply for retention and Director,KVIC Ahmedabad shall, within 30 Working Days of such application, issue payment certificate, stating an amount of 2.5% of the Contract Sum adjusted in accordance with the provisions of this Contract as due to the Contractor.

10.10. The Contractor shall send final statement of account for the Works, together with all supporting

documentation within 15 Working Days after Practical Completion of the Works as may be required by Director,KVIC Ahmedabad for the purpose of settling any adjustments to the Contract Sum.

10.11. Director,KVIC Ahmedabad shall within 15 Working Days respond to the Contractor’s draft final

statement of account and arrange such meetings with the Contractor as necessary to try and agree the Contractor’s final account. In the event that an agreement cannot be reached within further 15 Working Days (or such longer period as the parties may agree) Director,KVIC Ahmedabad shall issue a final statement of account to the Contractor.

10.12. Following the issue of the final statement of account to the Contractor, provided that all defects that

have occurred either before or during the Defects Liability Period have been rectified to the Director,KVIC Ahmedabad’s satisfaction, the Director,KVIC Ahmedabad may issue a final account certificate. Such final account certificate shall be conclusive evidence as to the amounts due to the

Charkha Installation Tender Document

Contractor under or in connection with this Contract unless either party shall, within 10 Working Days from the issue of the final account certificate, refer the matter to Arbitration.

10.13. The unpaid balance of retention amount to be paid in two installments: 2.5% be paid on Practical

Completion (including De‐snagging of works) and remaining 2.5% shall be paid after satisfactory completion of defects liability period. On issue of a Certificate of Practical Completion, 2.5% of the amount retained will be released against the bank guarantee for defect liability period.

10.14. No certificate issued by the Director,KVIC Ahmedabad under this Contract including the final account

certificate shall relieve the Contractor from any liability arising out of this Contract. Director,KVIC Ahmedabad may make any adjustments, corrections or modifications to any previous interim certificate as shall be appropriate.

10.15. The Contractor warrants to the Client that he shall not pay, either directly or indirectly, through its

parent or any affiliated or associated company any rebate discount (volume related or project specific) or any other undeclared payments or inducement of any kind whatever to Director,KVIC Ahmedabad, any member of the Design Team or any other party engaged to provide services or to carry out works in relation to the Project or any Affiliate or associated company of such parties.

10.16. The Contractor shall pay liquidated damages to the Client at 1% of Contract Sum per week for each

week after the Completion Date, as agreed mutually between Contractor and Director,KVIC Ahmedabad. The total amount of liquidated damages shall not exceed 5% of Contract Sum. The Client may deduct liquidated damages from payments due to the Contractor.

11. Contractor’s Suspension of the Works 11.1. If the Client fails to pay to the Contractor amounts properly due and payable on certificates issued under

this Contract then the Contractor may serve written notice on the Client specifying the event and confirming his intention to suspend the Works unless the sums properly due are received within 10 days from the date of receipt of the notice.

12. Risk in the Works and Insurances 12.1. Risk of loss or damage in the Works shall (subject to clause 13.5.) remain with the Contractor until

Practical Completion of the Project.

12.2. The Contractor shall carry out any protection to the Works as may be required by the Contract Documents until Practical Completion of the Project.

12.3. Without prejudice to his liability to indemnify the Client or his other obligations under this Contract or at law: a) The Contractor shall maintain and shall cause any of his sub‐contractors to maintain insurance in

respect of claims for personal injury to or the death of any person under Contract for service or apprenticeship with the Contractor or such sub‐contractor as the case may be and arising out of or in the course of such person's employment.

b) The Contractor shall maintain and shall cause any of his sub‐contractors to maintain public liability insurance with a limit of indemnity of not less than Rs. 20,00,000.00 (Rs. Twenty Lacs) for each and every claim hereto for any one occurrence or series of occurrences arising out of any one event against any costs, expense, liability, loss, claim or proceedings for which the Contractor may be liable to indemnify the Client under clause 2.15 and which arises out of or in connection with personal injury to or the death of any person whomsoever or injury or damage to property real or personal (other than the Works and the Project) but which is not insured under clause 13.3.a.

Charkha Installation Tender Document

12.4. The Contractor shall ensure that all insurance referred to above shall be provided by reputable insurers. The Contractor shall produce documentary evidence to the Director,KVIC Ahmedabad from time to time upon request that such insurances are properly maintained.

12.5. If the Contractor shall at any time fail to comply with the requirements of Clause13.3.b. Then the Client shall affect such insurance on behalf of the Contractor and the amount of the premium paid by the Client shall be a debt due to the Client from the Contractor. The Contractor hereby appoints the Client its agent for all purposes in connection with this clause and for the purposes of notifying underwriters of any claim or circumstance that may give rise to a claim under the said policy.

12.6. The Contractor shall maintain, in the joint names of the Client and his subcontractors, Director,KVIC

Ahmedabad, the Contractor and his sub‐contractors of any tier, insurance of existing structures, the Works and all work executed or in the course of execution and any goods and materials on Site which have become the property of the Client against any risks.

12.7. The Contractor when instructed by the Director,KVIC Ahmedabad prior to Practical Completion of the

Project shall restore and repair the Works, replace any goods and materials which have been destroyed or damaged, remove any debris from the Site, and complete the Works. The provisions of Clause 3.2 shall not apply in respect of, and no account shall be taken, in calculating payments to the Contractor of the cost of compliance by the Contractor with such Director,KVIC Ahmedabad’s Instruction.

13. Antiquities

13.1. All fossils, antiquities and other objects of interest or value which may be found on the Site shall, as between the Client and the Contractor, be deemed to be the property of the Client.

13.2. Upon discovery of such items the Contractor shall not disturb or damage the same and shall immediately notify the Director,KVIC Ahmedabad of the nature and location thereof and Director,KVIC Ahmedabad shall issue Instructions concerning the same.

14. Assignment and Sub‐Letting

14.1. The Contractor shall not, without the written consent of the Client assign or transfer any of his rights obligations or liabilities under this Contract. The Contractor shall not, without the written consent of the Client, sub‐let the whole or any portion of the Works and such consent, if given, shall not relieve the Contractor from any liability or obligation under this Contract.

14.2. The Client shall be entitled freely to assign, transfer and (or) charge all or any of his right under this Contract at any time to any person whatsoever without the consent of the Contractor.

14.3. The Client reserves the right to divide in more than one part the entire Works. The Contractor shall not

claim any compensation if the Client decides to carry out whole or part of the works through other agencies at any point of time.

15. Termination

15.1. If the Contractor is in material breach of any of his obligations under this Contract then the Client may, without prejudice to any other rights or remedies that he may have, serve notice on the Contractor specifying the breach and requiring its remedy and if the Contractor fails to remedy the same on or before the expiry of10 Working Days from service of such notice or if the Contractor, at any time after service of such notice, commits any further similar breach of this Contract, the Client may by further notice forthwith terminate the employment of the Contractor.

15.2. If the Contractor has exercised his right to suspend the Works pursuant to clause12 and the Client has failed to remedy the specified event within 21 days then the Contractor may give the Client 7 day’s written notice of his intention to terminate the Contract.

Charkha Installation Tender Document

15.3. Either party may terminate the employment of the Contractor by notice as per clause 16.2 to the other forthwith if such other party shall make or offer to make any arrangement or composition with its creditors or becomes bankrupt or any resolution or petition to wind up such company's business (other than for the purpose of a bonafide reconstruction or amalgamation without insolvency) shall be passed, or if a provisional Liquidator of such company's undertaking property or assets or any part of them shall be appointed.

16. Consequences of Termination

16.1. If the Contractor's employment is terminated by the Client under Clause 16.1 or16.3 the Client shall not be bound to make any further payment to the Contractor until the full and final cost of completion of the Works by others and the making good of defects as referred to in Clause 7.2 has been ascertained, but upon such costs being ascertained the Director,KVIC Ahmedabad shall issue a certificate, stating the amount of any damage, loss and (or) expense suffered or incurred, or expected to be suffered or incurred, by the Client by reason of termination of the Contractor's employment, and if such amount when added to the monies paid to the Contractor before the date of termination exceeds the total value of the work properly executed together with any adjustments to the Contract Sum up to the date of termination, the difference shall be a debt payable to the Client by the Contractor.

16.2. If the Contractor's employment is terminated by the Contractor under clause 16.2or 16.3, Director,KVIC

Ahmedabad shall issue a certificate, stating the total amount properly due to the Contractor up to the date of termination and the Client shall pay such amount to the Contractor within 21 Working Days from receipt of a valid tax invoice from the Contractor.

16.3. If the Contractor's employment is terminated by either party under clause 16 and not withstanding that the validity of such termination is disputed by the other party, the Contractor shall immediately protect and secure the Works and shall immediately leave the Site.

16.4. Termination of the Contractor's employment by either party shall not prejudice the rights of either party to sue for and recover any damage, loss and (or) expense suffered or incurred by him arising out of or in connection with any breach by the other of this Contract prior to such termination or to enforce any of his rights and remedies in relation to anything done prior to such termination including the making of any estimate of loss or damage by the Director,KVIC Ahmedabad under clause 10.2.

16.5. Upon any termination of the Contractor's employment, the Contractor shall deliver the Design Works Information to the Client.

16.6. Upon any termination under clause 16.1 and clause 16.3 of the Contractor’s employment and if the Client

so requires, the Contractor hereby agrees and consents to the assignment to the Client, at the Client's option and without payment, of the Contractor's entire benefit, rights and interest in and under any sub‐contract between the Contractor and any sub‐contractor or supplier and the Contractor agrees, forthwith upon receipt of a written request from the Client, to do all acts and execute all documents necessary to make such assignment effective. The Contractor shall ensure that any sub‐contract between him and any sub‐contractor or supplier shall contain suitable wording obliging the subcontractor or supplier to assign the sub‐contract to the Client.

16.7. Upon any termination of the Contractor's employment the Client may pay any supplier or sub‐contractor

of the Contractor for any works executed for the purposes of this Contract, whether before or after the date of termination, insofar as the price thereof has not already been paid by the Contractor. Payments made under this clause may be deducted from any sum due or to become due to the Contractor or shall be recoverable from him by the Client as debt.

17. Notices

Charkha Installation Tender Document

17.1. Any notice required to be given by the parties or Director,KVIC Ahmedabad shall be in writing and served at any office from which the recipient is carrying on business in relation to the Project either: ‐ (a) Personally when service shall be deemed effective on delivery; (b) By e‐mail or facsimile when service shall be deemed effective at the time of transmission; (c) By first class post or courier when service shall be deemed effective on the second day after posting.

18. Arbitration 18.1. In case of any conflict in interpretation, the following order of precedence shall prevail: For Technical

clarifications and general guidelines towards technical specifications, and Workmanship. Technical Specifications shall prevail over Contract Conditions. • Drawings shall prevail overall for scope of work read in conjunction with Technical specification and Conditions of Contract. • For legal matters, contract conditions read along with addenda / corrigenda /clarifications issued shall prevail over drawing, Bills of quantities and technical specifications. • For drawings, written dimensions shall prevail over scaled dimensions. Enlarge details shall prevail over general plan, section, elevation, etc.

18.2. The construction, validity and performance of the parties respective to their obligations under this Contract shall be governed by and constructed in accordance with Indian Laws.

18.3. Without prejudice to either parties right to Arbitration for any dispute between the Client, Director,KVIC Ahmedabad on his behalf, and the Contractor arising out of or connected with this Contract shall be referred to senior representatives of the parties who shall, within 10 Working Days of a notice from either party to the other, meet to attempt in good faith to resolve the dispute on a full and final basis.

18.4. If a dispute is not resolved as a result of such meeting or subsequent meetings within one calendar month

from the date of the notice referred to in Clause 19.3the dispute shall be referred to Arbitrator appointed by the Director,KVIC Ahmedabad on behalf of both parties, subject to Ahmedabad Jurisdiction and Arbitration Rules and Conciliation Act 1966.

19. Force Majeure

19.1. Either party is not liable for failure to perform the party's obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity [or telephone service]. If a party asserts Force Majeure as an excuse for failure to perform the party's obligation, then the nonperforming party must prove that the party took reasonable steps to minimize delay or damages caused by foreseeable events, that the party substantially fulfilled all non‐excused obligations, and that the other party was timely notified of the likelihood or actual occurrence of an event described in Clause 1.16 (Force Majeure).

20. Contracts

20.1. The parties hereby confirm that nothing in this Agreement shall confer or purport to confer on any Third party any benefit or any right to enforce any term of this Contract.

21. Entire Agreement

21.1. This Contract supersedes any previous agreements between the parties in respect of the Works. Notwithstanding the date of this Contract, the terms and conditions contained herein shall govern the rights, obligations and relationship between the parties from the Effective Date.

Charkha Installation Tender Document

Charkha Installation Tender Document

Annexure I - General Conditions of Contract

1.00 Percentage addition to cover profit and over heads of contractor in rate analysis while working out Market Rates.

15%

2.00 Retention Amount Deducted @ 5 % of each interim bill

3.00 Time allowed for execution of work 4 Weeks to complete the work as per BOQ

4.00 Compensation for delay 1% of the value of unfinished work per week of delay, up to a maximum of 5 (Five) percent

5.00 Defects Liability Period 12 months after the date of practical completion certificate issued by the Client/PM.

6.00 Escalation Not Payable

7.00 Court of Jurisdiction Ahmedabad

8.00 Tax Deduction As applicable at the time of signing of contract.

9.00 Validity of Contract 3 Months from the date of issuing Work Order

10.00 Insurances As Per the General Conditions of Contract

11.00 Earnest Money Deposit (EMD) Contractor should submit the EMD of 5% for the contract value in the form of DD in favour of “ KVIC G and M a/c” payable at Ahmedabad.

1. Temporary Works

1.1. It shall be the sole responsibility of the Contractor to secure the site premises, from the time of occupying the premises till the facility is fully handed‐over to Client for operations.

1.2. Distribution for Water and Electricity required for Sub Contractors, if appointed by Client, shall be done by Contractor at his own expenses.

1.3. The Contractor shall be responsible for bearing all costs for any change in logistics, access, egress and moving about of tools, plant and equipment, necessary for working of theirs, other Contractors or required by the Client for all intention and purposes after giving intimation regarding the changes in advance. Site Logistics shall be finalized by Contractor after receiving approval from the Director,KVIC Ahmedabad.

1.4. The Contractor shall examine the Site and satisfy himself regarding the space available for labour camp, workshops, cement godown, site office, storage of steel and other building materials. Any additional space required by the Contractor shall be arranged at his own cost.

1.5. The Contractor shall ensure that the labour camp is vacated prior to commencement of landscaping works. In case of his failure to vacate the area, the Client shall be entitled to withhold Contractor’s payment and initiate legal action for eviction. The legal actions shall be initiated against the Contractor and not laborers’.

2. Environment, Health and Safety At Site

2.1. There shall be safe temporary access provided by the Contractor, during construction, for checking at any location by the Director,KVIC Ahmedabad/Consultants at Site.

2.2. Dedicated cleaning gang shall be provided by Contractor from commencement through to handover of the Project; and regular site cleaning shall be done at least twice a day.

2.3. Transportation/Removal of construction waste from Site shall be done by Contractor. Construction waste to be dumped away (if required) from Site premises or as directed by Director,KVIC Ahmedabad.

2.4. All PPE (Personnel Protective Equipment’s) shall be compulsory for the labourers working at Site and providing the same shall be the Contractor’s responsibility.

2.5. No children shall be allowed to play within Site premises. Contractor shall construct a temporary shed for site school including Crèche, school attendant, and Crèche attendant for full day and

Charkha Installation Tender Document

Annexure I - General Conditions of Contract

also providing toys, stationary, snacks and other necessary items to run the Site School for labourer’s children on a regular basis.

2.6. The Contractor shall maintain First aid box on site, readily available and with clearly visible signage at site Office.

2.7. Installation of Safety Signage shall be the responsibility of the Contractor. 2.8. All labour laws shall be fulfilled as per Government rules by the Contractor. 2.9. Providing proper area lighting during night hours and low lit work areas during day time shall be

Contractor’s responsibility. 2.10. The Contractor at his own cost shall arrange for all barricading for safety purpose – closing the

ducts, putting reinforcement bars in cutouts, etc. 2.11. Contractors shall provide all necessary and adequate task lightings for all areas including all

temporary connections, cables, power plugs. 2.12. Strict safety measures shall be observed by the Contractor up to handover of the Project.Penalty

of Rs. 50,000/‐ shall be deducted from the Contractor’s RA Bill for minor accident (max. 48 hr hospitalization) and Rs. 2,00,000/‐ (Two Lakhs) shall be deducted for major accident. (Above 48 hr hospitalization). This penalty imposed by Client shall be deducted from the bill does not relieve the Contractor for his obligation and liability towards labour or any Third party and public liability. Client shall be indemnified by the Contractor for any such claims whatsoever at all times.

3. Quality Testing and Assurance

3.1. Filling of holes for tie rods with non‐shrink grouting material of approved brand including finishing and making button impression shall done by contractor at no extra cost.

3.2. Concrete Mix design from approved laboratory shall be submitted by Contractor to the Director,KVIC Ahmedabad, for approval. No works shall be executed without getting written approval of Mix design from Director,KVIC Ahmedabad.

3.3. Test reports of all materials used for concrete mix design shall be submitted by Contractor, along with details of source, for approval of Mix design.

3.4. Prior approval of materials – through test reports, samples, etc. – shall be taken, at least 30 days before execution of works, by Contractor from Director,KVIC Ahmedabad.

3.5. Periodical testing of Contractor as well as Client supplied items if any shall be done by the Contractor at his cost; and test reports s hall be submitted to Director,KVIC Ahmedabad regularly.

3.6. If the supply source and type of any material is changed, the material test shall be carried out and prior approval from Director,KVIC Ahmedabad/Structural Consultant shall be taken by Contractor. Material source and supply shall not be changed by the Contractor for more than 3 times during the Period of works.

3.7. Maximum of 2 warnings‐ for any lack of curing‐ shall be issued by the Director,KVIC Ahmedabad. On the issuance of the 3rdwarning, the Contractor shall take necessary action as instructed by Director,KVIC Ahmedabad with immediate effect and at no extra cost to the Client.

3.8. New shuttering material shall be used for the Project. Contractor shall use 12 mm marine ply shuttering – For beam bottom, beam side, column and staircase steps. For slab shuttering, only new fabricated steel plates shall be used.

3.9. Packing tape on joints of Steel plates shall be provided to avoid leakage of cement slurry. 3.10. Any defects detected in any Works executed by the Contractor due to the negligence of

Contractor or poor workmanship, the cost of testing, designing and rectifications shall be borne by the Contractor.

3.11. The Contractor shall comply with all instructions issued by the Director,KVIC Ahmedabad relating to the conduct of work on the Site and adhere to the Director,KVIC Ahmedabad’s industrial relations, Safety, Fire prevention and Quality Assurance Policies.

Charkha Installation Tender Document

Annexure I - General Conditions of Contract

3.12. Before starting of any new activity on site, Contractor must submit sample of the materials to be used, get it approved by Director,KVIC Ahmedabad and take prior permission from Director,KVIC Ahmedabad before execution of the activity.

4. Contractor’s Responsibilities

4.1. The Contract placed by Client for these works is inclusive of material supply. However, the Client can supply any material; and in such case proper storage of the material shall be Contractor’s responsibility. No overhead and profit shall be paid if Client supplies material.

4.2. Client shall recover the cost of material (if he supplies) damaged / theft/ misused by the Contractor at the market rate or purchased rate whichever is higher.

4.3. Any misuse of Client supplied material shall not be allowed. Contractor shall submit reconciliation for all materials supplied by Client, as per IS codes, prevailing norms and mutually agreed terms and conditions.

4.4. Contractor shall provide Daily Progress and Labour Report in given format, to the Client.

Charkha Installation Tender Document

Annexure II – Contractual Agreement

ARTICLES OF AGREEMENT Articles of agreement made the ______________day of _________2018, KVIC Ahmedabad hereinafter called the “ Owner” (which expression shall include its successors and nominees wherever the context or meaning shall so requires or permit) of the one part and ___________________ ___________________ ___________________ through its Proprietor / Authorized partner Mr._________________herein after called the “contractor” (which expression shall include its successors and assigns wherever the context or meaning shall so requires or permit) of the other part. WHEREAS the employer is desirous for Installation works for Khadi India, and has provided drawings, specifications and Schedule of Quantities showing and describing the work to be done as prepared by the architects and / or under the direction of Owners. AND WHEREAS the contractor has supplied the employer with a fully priced copy of the said bill of Quantities (which copy is hereinafter referred to as the “Contract Bills”) amounting to the Contract Sum” of Rs. ___________________________________AND WHEREAS the said drawings (hereinafter referred to as the “Contract Drawings”) and the contract bill 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 will upon and subject to the conditions annexed carry out and complete the work shown upon the contract drawings and described by or referred to in the Contract bill and in the said conditions.

2. This is item rate contract and the sum shall be paid as per the work carried out on site and

as per the rates mentioned in BOQ. 3. The said Conditions and Appendices thereto shall be read and construed as forming part of this Agreement, and the parties hereto shall respectively abide by and submit themselves to the conditions and perform the Agreement on their parts respectively in such conditions contained in. AS WITNESS our hand this _____ day of _________________ 2018.

Charkha Installation Tender Document

Annexure II – Contractual Agreement

Signed by the said in the presence of Owner/ KVIC Ahmedabad. Witness: Name : _______________________ Address: _______________________ _______________________________ _______________________________ Signed by the said in the presence of CONTRACTOR. Witness: Name:___________________________ Address: _______________________ _______________________________ _______________________________

Charkha Installation Tender Document

Annexure III – Guarantee Performa for Anti- Termite Treatment

Whereas “.................” a firm / company / corporation whose address is ................... hereinafter called the Specialist Contractor, has manufactured and sold and caused to have applied pursuant to its specifications and inspection the necessary materials, labour and all incidentals to provide Anti-Termite Treatment of approximately (..............) Square Metres in the building described below : OWNER ……………………………………………………………. BUILDING ……………………………………………………………… LOCATION ………………………………………………………………. DATE OF COMPLETION OF TREATMENT ………………………………………………………………. BY (ADDRESS OF FIRM) ……………………………………………………………..... And WHEREAS, Specialist Contractor represents and wished to guarantee, subject to limits stated herein, that the said structure will remain free from any infestation of termites for a period of Ten (10) years from the date of completion of giving Anti-termite pre-construction treatment : AND WHEREAS M/S …………………………….. located at ……………………….….. (hereinafter known as Building Contractor) through whom the Specialist Firm has carried out the work as Sub-contractor, has agreed to be a co-guarantor under this Guarantee and will be equally responsible to ensure that the Specialist Firm shall carry out its obligations under this Guarantee. NOW THEREFORE said Specialist Contractor guarantees to the said Employer that as set forth below, during a period of Ten years from the date of completion of said treatment described above, Specialist Contractor will at his own expense take or cause to be taken such measures as are required under this Guarantee to contain and remove any infestation of termites that may appear. Such measures shall be taken immediately on being informed on telephone or by written notice. In the event that (1) Employer notifies Specialist Contractor and has confirmed in writing the need of repair of treatment, and (2) Specialist Contractor is unable to promptly inspect and repair same, and (3) an emergency conditions exists which requires prompt repair in order to avoid substantial damage to Employer, then Employer may take such temporary repairs as may be essential and any such action shall not be a breach of the provision of this Guarantee. If the Specialist Firm fails to rectify the defects when called upon to do so within the stipulated period, then the Specialist Contractor / Building Contractor will indemnify the owner and his

Charkha Installation Tender Document

Annexure III – Guarantee Performa for Anti- Termite Treatment

successors against all loss, damage, cost expense or otherwise which may be incurred by him by reason of any default on the part of the Specialist Contractor in the performance and observance of this guarantee and the owner will then be free to deduct the costs so incurred from any pending dues of the Specialist Contractor / Building Contractor or in any other manner whatsoever available to him. As to the amount of loss and / or damage and / or cost incurred by the Employer, the decision of the Architect shall be final and binding on both the parties. IN WITNESS WHEREOF Contractor and the Building Contractor has caused this instrument to be signed and sealed by its duly Witness : TITLE: CONTRACTOR : SEAL: DATE: Witness : TITLE: KVIC AHMEDABAD: SEAL: DATE Countersigned in full for the acceptance of the above authorized officer this day of …………

Sculpture Setup at Riverfront

BOQ: Civil works_R1

Sr.

No.Description Unit Quantity Rate Amount Remark

Section 1: Earthwork

1.0

Excavation in all types of soil strata (excluding rock) i.e. clay, silty sand,

loose to medium dense sandy, silt gravel, conglomerate, old building

foundations, old masonary or concrete, services pipes etc. and similar

encountered within width, length depth as specified including drilling,

chiselling. Shoring and strutting to be done for supporting the walls of

trenches and/or pits where necessary, excavated material to be taken away

from site including cost of carting, royalties, working space, shoring and

strutting etc. complete as directed by Director, KVIC Ahmedabad .

Measurement shall be paid as per drawing only.

1A Do - Up to 1.5 m depth cum 22.38

1B Do - Depth exceeding 1.5m and up to 3.0m cum Rate Only

1.1

Dewatering of surface water from excavated pit to be executed till the

workable condition achieved including cost of discharging water and

removal of sludge etc. completed as directed by the Director, KVIC

Ahmedabad .

HP hour Rate Only

1.2

Backfilling the sides of foundations, pile caps, substructures, trenches for

pipes & drains, sumps, pits etc. and filling under floors or within plinth,

open trenches, tank foundations, retaining wall etc. with approved quality

of selected earth available within premises or to be brought from outside

and laid in layers not exceeding 300 mm in thickness including watering,

ramming, levelling and compacting to 95% proctor with use of mechanical

and/or hand rammer etc complete as directed by the Director, KVIC

Ahmedabad . Measurement shall be paid as per drawing only.

-

1.2ADo - With selected excavated earth available & stacked somewhere within

Owner's premisescum 36.80

1.2BDo - With approved quality of murrum provided and brought by Contractor

from outside the Owners premisescum Rate Only

1.3

Diluting and injecting chemical emulsion of Chlorophriphos Emulsifiable

concentrate 20% with 1% concentration for Pre Constructional Ant termite

Treatment and creating a continuous chemical barrier under and all around

the raft, junction of wall and raft, along the external perimeter of retaining

wall / ramp walls / other walls, barriers, top surface of plinth filling, junction

of wall and floor along the external perimeter of building, expansion joints,

over the top surface of consolidated earth on which apron is to be laid,

surroundings, of pipes and conduits etc complete as per IS 6331 (Only

Plinth area shall be measured for payment). Pest control application to be

carried out by specialised agency expert in the work. The contractor to give

guarantee for 10 years on Rs. 100/- stamp paper in approved proforma, as

directed by Director, KVIC Ahmedabad or Client's representative. Anti

termite treatment chemical and agency shall be approved by Director, KVIC

Ahmedabad .

smt 310.31

1.4

Lifting the sculpture from one place with the help of Hydra or any other

requrement for the desired distance. The sculpture needs to place to

desired location over the casted foundation, this lead should include all the

freight aand other clearance for the same. The sculpture self weight is of 2

Tone. (Khadgi Gram udhyog Prayog Samiti Campus, Gandhi ashram

Ahmedabad to Gate no 3 River Front , sahibaug Ahmedabad)

Km 12.00

Total Section 1

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Section 2: Concrete Works -

1 of 4

Sculpture Setup at Riverfront

BOQ: Civil works_R1

Sr.

No.Description Unit Quantity Rate Amount Remark

2.0

Providing and laying Plain cement concrete in proportion by volume, at all

levels including machine mixing, vibrating, tamping, ramming, levelling,

curing, testing etc complete as per drawings and specifications and as

directed by the Director, KVIC Ahmedabad , etc. complete.

-

2.0A Do - M 10 grade concrete (1:3:6) cum 2.80

2.1

Providing and laying in position weigh batched and machine mixed design

mix cement concrete of specific grade in proportion by weight for

Reinforced Cement Concrete elements by using nominal size well-graded

approved quality aggregate in all structural elements at all levels as per

approved design mix minimum cement content as per IS 456:2005

including vibration / compaction, curing, scaffolding, testing etc. as

directed by the Director, KVIC Ahmedabad , etc. complete.

-

2.1A M 20 grade concrete cum Rate Only

2.1B M 25 grade concrete cum 6.86

2.1C M 30 grade concrete cum Rate Only

Total Section 2

Section 3: Formwork -

3.1

Providing, laying, placing and fixing in position in true line & level the good

quality centering, shuttering , formwork, at all levels and depths of steel

plates or wooden ply for all kinds of plain cement concrete or reinforced

cement concrete elements, as stated in Concrete works specification,

including providing and fixing adequate, strong and stable steel pipe props

supportive structure as approved, adequate scantlings, packings, bracings,

bolting, tieing with binding wires, wherever directed sufficiently wire

nailing, removing / striking off the same on stipulated time, etc complete.

-

3.1A Sub structure smt 10.77

3.1B Super structure smt 2.88

Total Section 3

Section 4: Reinforcement work -

4.1

Providing, straightening, cutting, bending, binding and laying in position of

bars confirming to relevant IS code as mentioned below, to correct shape

and size as per detailed drawings, specifications and approved bar bending

schedules, footings, rafts, walls, columns, slabs, beams, piles etc, at all

levels with necessary chairs and laps; with correct size PVC cover blocks or

approved quality concrete cover blocks of same grade of concrete and and

binding wire of 18 gauge etc. complete with test certificate of the steel bars

from manufactures as well as approved laboratory test certificate as

directed by Director, KVIC Ahmedabad or representative of the client's, etc

complete.

-

4.1ADo - Thermo Mechanically Treated (TMT) or equivalent as per IS:1786-1985

of grade Fe500 Kg 1,234.80

Total Section 4

Section 5: Masonary Works -

5.1

Providing and laying brick masonary with approved quality of bricks

compressive strength not less than 3.5N/mm2 in line and level and plumb

for sub structure, including walls, pilasters, etc in cement mortar 1:6

including scaffolding, racking of joints, curing etc complete as per drawings

and specifications, as directed by the Director, KVIC Ahmedabad .

Measurement will be taken as per drawings.

cum Rate Only

2 of 4

Sculpture Setup at Riverfront

BOQ: Civil works_R1

Sr.

No.Description Unit Quantity Rate Amount Remark

5.2

Providing and laying brick masonary with best available approved bricks

compressive strength not less than 3.5N/mm2 in line and level and plumb

for superstructure at all levels, including gable wall, walls etc in cement

mortar 1:6 including scaffolding, racking of joints, curing etc complete as

per drawings and specifications, as directed by the Director, KVIC

Ahmedabad . Measurement will be taken as per drawings.

cum Rate Only

5.3

Providing and laying partition brick masonary walls (115 mm thick) at all

levels using best available approved bricks not less than 3.5N/mm2 in

cement mortar 1:4, steracking of joints, scaffolding, curing etc complete as

per drawings and specifications, at all levels, as directed by the Director,

KVIC Ahmedabad ,etc complete. Measurement will be taken as per

drawings.

smt Rate Only

Total Section 5

Section 6: Finishing Works -

6.1

Providing and applying average 20 mm thick mala plaster in CM 1:4 at all

levels laid in two coats to concrete or masonary surfaces and around

openings in jambs and sills, hacking of concrete surfaces, racking of joints,

scaffolding, curing & fibre chicken mesh 150 mm wide at junctions of

concrete and masonary work, making sharp and clear grooves, pattas, drip

moulds, and as detailed in drawings, as directed by the Director, KVIC

Ahmedabad ,etc complete.

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6.1A Do - 20 mm thick mala plaster in CM 1:4 smt 2.88

6.2

Providing & applying three coats (first two coats are with brush and final

coat is with roller) of Asian,Nerolac or equivalent water bound plastic paint

of desired shade, of approved make, brand and manufacture, on any

surfaces, at all heights, to give an even shade, including scaffolding,

thoroughly brushing the surface free from mortar droppings and other

foreign matter and sand papered smooth.at all level,as directed by the

Director, KVIC Ahmedabad ,etc complete.

smt 2.88

6.3

Providing & applying three coats (first two coats are with brush and final

coat is with roller) of Asian,Nerolac or equivalent hammertone paint of

desired shade, of approved make, brand and manufacture, on MS surfaces,

at all heights, to give an even shade, including thoroughly brushing the

surface free from mortar droppings and other foreign matter and sand

papered smooth, at all levels, as directed by the Director, KVIC Ahmedabad

,etc complete.

smt Rate Only

6.4

Providing and applying two or more coat of white Putty at all levels to

plaster surfaces of concrete, masonary work at all levels etc. all complete

as per architectural drawings, specifications scaffolding, cleaning of

surfaces, curing, as directed by Director, KVIC Ahmedabad or

representative of the client's,etc complete.

smt 2.88

Total Section 6

Section 7: Flooring -

7.1

Providing and laying River wash Granite flooring, thickness not less than

20mm, of uniform tint and machine cut of appropriate size as per detail

and hand dressed laid on average 35 mm thick Cement Mortar 1:6 bedding

to a true plane and level, or to slopes, closed jointed and pointed with

matching cement paste including curing, river finishing, polishing,

cleaning,floor protection up to handover etc complete as per drawings and

specifications, as directed by the Director, KVIC Ahmedabad ,etc complete.

smt 141.26

Total Section 7

Section 8: Iron and steel works -

3 of 4

Sculpture Setup at Riverfront

BOQ: Civil works_R1

Sr.

No.Description Unit Quantity Rate Amount Remark

8.1

Providing & Fixing M.S.grill, railings of 750 mm height built out from MS

pipe 'B' class, M.S. angle, M.S. flats, M.S. Columns, as per architectural

drawing with hold fasts & locking arrangement including necessary cutting ,

bending to required shape , welding, applying one coat of red oxide and

three coats of enamel / flat paint to give even shade etc. complete, as

directed by Director, KVIC Ahmedabad ,etc complete.

Rmt 88.41

8.2

Fix in position holding down J bolts with 70 mm threaded portion with nuts,

washers and M.S. plate complete as shown in drawing. Bolts shall be fixed

in the pockets in position. Include for 100 dia. M.S. pipe sleeve having half

of the bolt length. Bolt together with sleeve shall be placed and fixed

securely in position and level as shown while pouring of

foundation/pedestal concrete

47.00

8.1A 12MM DIA 600 LONG Nos. 16.00

8.2

Supplying, fabricating, erecting, aligning and fixing in proper position mild

steel portal frames, plate girder, gantry girder, trestles, trusses, columns,

purlins, ties, bracing, sag bars, grills, etc. complete made of plates, angles, I

/ C beam and such other hot rolled sections confirming to IS 2062 and of

approved make at site. Rate shall include for splices and supplying all ISI

mark materials such as base plate welding rods, bolts, nuts, etc and like

labour for the work of straightening, cutting, drilling holes, necessary

plants/equipments for assembling, bolting, welding, erecting, etc. complete

as directed. Rate shall include for one coat of Zinc Chromate primer and

two coats of approved enamel paint after thorough cleaning of surfaces

with wire brush / sandpaper and as per the Paint Manufacturer’s

instructions, removing all loose rust, dust and other such foreign materials

before application of Paint

Fabrication shall be in a perfectly workmanship like manner and as

Kg 80.00

8.3

Installation, connection and testing of following lighting fixtures

with lamps sources, suitable drivers / controlgears with the junction box

provided for the point / cable wiring, including supply of all hardware

required for installation, labour and materials as per specifications,

drawings and directions of Engineer-in-charge.

Nos. 6.00

Total Section 8

Total of Section 1 to 8

4 of 4

STRUCTURAL LAY-OUT AT FOUNDATION LVL

LARGE PART OF SCULPTURE SMALL PART OF SCULPTURE

MAX LOAD OF SCULPTURE CONSIDERED = 5 TON

SECTION: A-A

CHBY DRDATE REVISION

DRAWING TITLE

CHECKED

DRG. NO.

DRAWN

A3

SHEET SIZE

R.P.

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STRUCTURAL CONSULTANT

PROJECT

ARCHITECTS

SCALE

AS SHOWN

NO.

REVISION

R0

DESIGN

NS

GENERAL NOTES :-

PURPOSE:

GOOD FOR CONSTRUCTION

DATE

17-03-2018

PROJECT NO

-

SCULPTURE AT RIVERFRONT

STR.LAYOUT AT FOUNDATION LVL

NS

Date Rev Arch. Client Consl. Contr. Site Office Total Remark

PRINT ISSUED

NOMENCLATURE: E.G.L. = EXISTING GROUND LEVEL.

F.G.L. = FINISH GROUND LEVEL.

S.S.L. = STRUCTURAL SLAB LEVEL.

AHMEDABAD.

N.G.L. = NATURAL GROUND LEVEL.

DRAWING NO. TITLE

DRAWING SCHEDULE

STRESIGNENGINEERINGCONSULTANTS

E CUBE PLANNERS & DESIGNERS PVT. LTD.

Contact No: +91-96876 11262

energy efficient environment

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16'-7"
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16'-7"
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16'-7"
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8mm THK BASE PLATE
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3" LARGER IN DIMENSION
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THAN SCULPTURE LEG
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WITH 4-NOS 13.5mm DIA HOLE
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FOR 4-NOS 2' LONG 12mm DIA
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A
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A
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A
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A
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"J" BOLT
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8mm THK BASE PLATE
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3" LARGER IN DIMENSION
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THAN SCULPTURE LEG
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WITH 4-NOS 13.5mm DIA HOLE
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FOR 4-NOS 2' LONG 12mm DIA
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"J" BOLT
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FINISH GROUND LVL
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T8-8"c/c
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BOTH WAYS
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T8-8"c/c
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BOTH WAYS
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T8-8"c/c
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BOTH WAYS
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6" THK P.C.C. (1:3:6)
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T10-8"c/c
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1.ALL DIMENSIONS ARE IN FEET AND INCHES. ALL DIMENSIONS ARE IN FEET AND INCHES. 2.ALL DIMENSIONS ARE TO BE READ AND NOT TO BE MEASURED. ALL DIMENSIONS ARE TO BE READ AND NOT TO BE MEASURED. 3.PLEASE READ THIS DRAWING IN CONJUNCTION WITH LATEST PLEASE READ THIS DRAWING IN CONJUNCTION WITH LATEST ARCHITECTURAL DRAWING. IF ANY DIFFERENCE FOUND SHALL BE IMMEDIATELY BROUGHT TO NOTICE OF ARCHITECT / STRUCTURAL DESIGNER. 4.PLEASE REFER LATEST ARCHITECTURAL DRAWING FOR LEVELS & PLEASE REFER LATEST ARCHITECTURAL DRAWING FOR LEVELS & SETTINGS OUT CENTERLINE DIMENSIONS. THE CENTERLINE PUT IN THIS STRUCTURAL LAYOUT IS SIMPLY INDICATIVE OF LOCATION AND AS APPROVED BY ARCHITECT. 5.THIS DRAWING SHOULD BE READ ALONG WITH ALL RELEVANT THIS DRAWING SHOULD BE READ ALONG WITH ALL RELEVANT DETAILS. 6.STRUCTURAL LAY OUT SHOULD BE REFER ONLY FOR STRUCTURAL STRUCTURAL LAY OUT SHOULD BE REFER ONLY FOR STRUCTURAL DETAILING. 7.SUPERVISION SHALL NOT BE OUR RESPONSIBILITY. SUPERVISION SHALL NOT BE OUR RESPONSIBILITY. 8.LOAD TESTING OF STRUCTURE SHALL NOT BE OUR LOAD TESTING OF STRUCTURE SHALL NOT BE OUR RESPONSIBILITY. 9.CEMENT SHALL BE OPC 43 GRADE OR HIGHER. CEMENT SHALL BE OPC 43 GRADE OR HIGHER. 10.ALL CONCRETE MIX SHALL BE AS PER FOLLOWING, UNLESS ALL CONCRETE MIX SHALL BE AS PER FOLLOWING, UNLESS OTHERWISE SPECIFIED. ALL CONCRETE MIX - M:25 P.C.C. - 1:3:6 , UNLESS OTHERWISE SPECIFIED. 11.MIX DESIGN SHOULD BE GOT APPROVED PRIOR TO EXECUTION OF MIX DESIGN SHOULD BE GOT APPROVED PRIOR TO EXECUTION OF WORK. 12.ALL CONCRETE MIX SHALL BE MACHINE MIX AND MACHINE ALL CONCRETE MIX SHALL BE MACHINE MIX AND MACHINE VIBRATED. 13.MINIMUM CEMENT CONSUMPTION SHALL BE AS PER MIX DESIGN. MINIMUM CEMENT CONSUMPTION SHALL BE AS PER MIX DESIGN. 14.TO TAKE OUT THE CUBE AND MATERIAL TESTING SHALL BE TO TAKE OUT THE CUBE AND MATERIAL TESTING SHALL BE CONTRACTOR/ BUILDER/CLIENT'S RESPONSIBILITY. 15. T - INDICATE STEEL Fe 500 GRADE TMT BARS. T - INDICATE STEEL Fe 500 GRADE TMT BARS. Fe 500 GRADE TMT BARS. GRADE TMT BARS. 16.Ld = DEVELOPMENT LENGTH : 50 X d ; WHERE d = DIA. OF Ld = DEVELOPMENT LENGTH : 50 X d ; WHERE d = DIA. OF BAR. 17.LAPPING OF LONGITUDINAL BARS SHALL BE STAGGERED TO AVOID LAPPING OF LONGITUDINAL BARS SHALL BE STAGGERED TO AVOID CONJUNCTION OF REINFORCEMENT. 18.ALL BRICK WORK SHALL BE IN C.M. (1:6) ALL BRICK WORK SHALL BE IN C.M. (1:6) 19.CONCRETE COVER TO MAIN REINFORCEMENT SHALL BE AS CONCRETE COVER TO MAIN REINFORCEMENT SHALL BE AS FOLLOWS. FOOTING - 2" PEDESTAL - 2"
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17.03.18
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R0
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MAIL
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GFC
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