DEVELOPMENT & MAINTENANCE OF LANDSCAPE AT VVIP TERMINAL ... · PDF fileRFP for Development & Maintenance of Landscape at VVIP Terminal – Airside Page 3 of 134 7. BIAL also accepts

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REQUEST FOR PROPOSAL (RFP)

FOR

DEVELOPMENT & MAINTENANCE OF LANDSCAPE AT VVIP TERMINAL - AIRSIDE

AT KEMPEGOWDA INTERNATIONAL AIRPORT, BENGALURU

Bangalore International Airport Limited

Administration Block

Kempegowda International Airport

Devanahalli

Bangalore – 560 300

OCTOBER - 2016

RFP for Development & Maintenance of Landscape at VVIP Terminal – Airside Page 2 of 134

DISCLAIMER

1. This Request for Proposal (RFP) is issued by Bangalore International Airport Limited

(“BIAL”).

2. The information contained in this RFP document or subsequently provided to the

interested applicants (“Bidders”), whether verbally or in documentary or any other

form by or on behalf of BIAL or any of their employees or advisers, is provided to the

Bidders on the terms and conditions set out in this RFP and such other terms and

conditions subject to which such information is provided.

3. This RFP is neither an agreement nor an offer by BIAL to the prospective Bidders or

any other person. The purpose of this RFP is to provide interested parties with

information that may be useful to them in the formulation of their proposals

(“Proposals”) pursuant to this RFP. This RFP includes statements, which reflect

various assumptions and assessments arrived at by BIAL in relation to the scope of

supply. Such assumptions, assessments and statements do not purport to contain all

the information that each Bidder may require. This RFP may not be appropriate for

all persons, and it is not possible for BIAL, its employees or advisers to consider the

objectives, technical expertise and particular needs of each party who read or use

this RFP. The assumptions, assessments, statements and information contained in

this RFP may not be complete, accurate, adequate or correct. Each Bidder should,

therefore, conduct its own investigations and analysis and should check the

accuracy, adequacy, correctness, reliability and completeness of the assumptions,

assessments and information contained in this RFP and obtain independent advice

from appropriate sources.

4. Information provided in this RFP to the Bidders is on a wide range of matters, some

of which depends upon interpretation of law. The information given is not an

exhaustive account of statutory requirements and should not be regarded as a

complete or authoritative statement of law. BIAL accepts no responsibility for the

accuracy or otherwise for any interpretation or opinion on the law expressed herein.

5. BIAL, its employees and advisers make no representation or warranty and shall have

no liability to any person including any Bidder under any law, statute, rules or

regulations or tort, principles of restitution or unjust enrichment or otherwise for

any loss, damages, cost or expense which may arise from or be incurred or suffered

on account of anything contained in this RFP or otherwise, including the accuracy,

adequacy, correctness, reliability or completeness of the RFP and any assessment,

assumption, statement or information contained therein or deemed to form part of

this RFP or arising in any way in this selection process.

6. This RFP, along with its Annexures, is not transferable. The RFP and the information

contained herein are to be used only by the person to whom it is issued. It may not

be copied or distributed by the recipient to third parties (other than in confidence to

the recipient’s professional advisors). In the event that the recipient does not

continue with its involvement in the project in accordance with this RFP, this RFP

must be kept confidential.


7. BIAL also accepts no liability of any nature whether resulting from negligence or

otherwise however caused arising from reliance of any Bidder upon the statements

contained in this RFP.

8. BIAL may in its absolute discretion, but without being under any obligation to do so,

update, amend or supplement the information, assessment or assumption contained

in this RFP.

9. The issue of this RFP does not imply that BIAL is bound to select a Bidder or to

appoint the selected Bidder, as the case may be, for the consultancy and BIAL

reserves the right to reject all or any of the Proposals without assigning any reasons

whatsoever. This RFP may be withdrawn or cancelled by BIAL at any time without

assigning any reasons thereof.

10. The Bidder shall bear all its costs associated with or relating to the preparation and

submission of its proposal including but not limited to preparation, copying, postage,

delivery fees, expenses associated with any demonstrations or presentations which

may be required by BIAL or any other costs incurred in connection with or relating to

its proposal. All such costs and expenses will remain with the Bidder and BIAL shall

not be liable in any manner whatsoever for the same or for any other costs or other

expenses incurred by an Bidder in preparation for submission of the proposal,

regardless of the conduct or outcome of the selection process.

11. The words and expressions beginning with capital letters and not defined herein, but

defined in the RFQ or the other Volumes of the RFP, shall, unless repugnant to the

context, have the meaning ascribed thereto therein.

[REST OF PAGE INTENTIONALLY LEFT BLANK]


Preamble

1. Introduction

Bangalore International Airport Limited (“BIAL”) is the owner and operator of the

Kempegowda International Airport (the “Airport”) in Bangalore. BIAL has entered

into a Concession Agreement with the Government of India, whereby the

Government of India has granted the exclusive right and privilege to BIAL to carry

out the development, design, financing, construction, operation and management of

the Airport. In this respect BIAL proposes to engage a contractor to undertake the

services (“Work” or “Works”) as specified in this RFP and invites Proposals from the

Bidders for the same. The Proposals submitted by the Bidders shall comply with all

the requirements stated in this RFP. Based on final evaluation, the successful Bidder

will be selected and notified (hereinafter referred to as the “Contractor”). The

notification of award by BIAL shall be followed by execution of the Development and

Maintenance of Softscape (Landscape) Contract (hereinafter referred to as the

“Agreement”) between BIAL and the Contractor, recording the terms and conditions

for executing the Work. BIAL also reserves the right to modify, delete or add to the

Scope of Work at any point in time, during the Bidding Process and thereafter during

performance as per the terms of the RFP and/or Agreement.

2. Bidder’s Eligibility Criteria :

2.1 Bidder shall be eligible to participate in the tender, if it fulfils all the requirements

as mentioned in Annexure-A (PART-2) herein.

2.2 PARTCIPATION

2.2.1 The Bidder shall be a valid legal entity as per Indian laws.

2.2.2 The RFP shall be duly signed by the authorized signatory of the Bidder and

shall be legally binding on the Bidder.

3. Proposal for the Work

3.1 The Proposal shall comprise of two parts – Technical Proposal and Financial

Proposal.The Bidders are requested to prepare and submit Technical and Financial

Proposals to BIAL in a separate sealed envelopes super-scribed with the details of

the Proposal to the address mentioned in the RFP, based on the Scope of Work

outlined in Annexure-A of this RFP.

Part-1: The Technical Proposal shall comprise of the following:

3.1.1 Checklist of all submittals (Clause 3.1.2 to Clause 3.1.12) in a tabular

format.

3.1.2 Annexure E: Form of Contractor tender bond

3.1.3 Annexure D: Agreement Template (Signed & Sealed) in all pages along with

all attachments

3.1.4 Annexure C: Qualification Questionnaire

3.1.5 Annexure A: Scope of Work and Specification


3.1.6 Certificate of Incorporation of your Company

3.1.7 Articles of Association & Memorandum of Association

3.1.8 Power of Attorney to sign documents/Board Resolution

3.1.9 Proposed Execution Methodology & Equipment

3.1.10 Bidder's Manpower Resource & Organization Chart

3.1.11 Experience in the similar work and airport sector. Photographs of Previous

completed projects & Completion Certificates.

3.1.12 Confidentiality Undertaking

Part-2: The Financial Proposal shall comprise of the following:

i) Annexure B: Schedule of Quantities and Pricing

ii) Detailed breakup of taxes, if any

The Bidders in their Proposal shall indicate separately sales tax (VAT), local tax,

other taxes, levies, transaction charges, etc. wherever applicable.

*Fees quoted shall be inclusive of all required expenses & charges and shall cover all

obligations under and in relation to the Agreement and all matters and things

necessary for the proper completion of the Work as mentioned herein. Fees shall also

include all taxes, tariffs, VAT, all other statutory taxes and levies, if applicable,

penalties, costs, bank charges and any other costs for performance of Work or other

charges relating to or arising out of the Agreement.

3.2 BIAL shall retain the right to close the assignment at end of any stage, as per the

needs of the overall development Program. In such an event the above breakup of

fees shall form the basis for finalization of payment, after successful completion of

the work for respective stage and payment shall be made only for the respective

stage. BIAL reserves the right to issue or not to issue purchase order for any stage.

The Contractor shall in no event make BIAL liable (financial or otherwise) for non-

issuance of purchase order for any stage of Service(s) for any reason whatsoever.

3.3 The language for all written communication shall be English and unless mentioned

otherwise the currency shall be Indian Rupee.

3.4 The Proposal should be signed on each page by the Bidder or his duly authorized

representative. The Proposal should be accompanied by a certified true copy of a

duly notarised Power of Attorney or board resolution in favour of signatory to the

documents.

3.5 Any discrepancies, omissions, ambiguities or conflicts in or among Agreement

documents or any doubt as to their meaning should be called to the attention in

writing of the contact person as mentioned in the RFP within five (5) days of issue of

the RFP. BIAL will not make or be responsible for any oral communications.


3.6 Cost of tendering

The Bidder shall bear all costs associated with the preparation and submission of its

Proposal and BIAL shall, in no case, be responsible or liable for such costs, regardless

of the outcome of the tender process. It is obligatory on the part of the Bidder to

tender for all the component parts and submit all information required as per

document.

3.7 Site Inspection and Conditions: The Bidder is advised to visit and inspect the Site and

obtain for itself on its own responsibility and cost, all information regarding all

existing and expected conditions and matters that may be necessary for preparing

the Proposal and entering into a contract for performance of the scope of Services.

BIAL shall use every effort to procure that the Bidder and any of its personnel or

agents with prior intimation, are granted permission to enter the Site for the purpose

of such inspection, but only upon the express condition that the Bidder, its personnel

and agents, will exercise due care and will be responsible for personal injury or

death, loss of or damage to property and any other loss, damage, costs and expenses

incurred as a result of such inspection. Keep indemnified BIAL, from and against and

in respect of damages, liabilities, losses, costs, charges, fees and expenses, including

without limitation reasonable legal fees and expenses, (i) brought against BIAL’s

representatives by any third party as a result of site investigation/ inspection by

Bidder and or its Personnel(s); (ii) any damages losses arising out of theft of

tangible/ intangible property (iii) any claim arising from the death, personal injury

or for loss or damage to tangible property of BIAL arising out of any omission or

commission of Bidder or its personnel(s).

3.8 It is obligatory on the part of the Bidder to tender for all the component parts and

submit all information required as per document.

4. Validity

4.1 The Proposal shall be valid for at least ninety (90) days from the deadline for

receipt of Proposals.

4.2 In exceptional circumstances, prior to expiry of the bid validity period, BIAL may

request the bidder for a specified extension in the period of validity. The request

and the response thereto shall be made in writing. A bidder agreeing to the request

shall not be permitted to modify his bid, but shall be required to extend the validity

of his bid. All the terms of the bidding shall continue to be applicable during the

extended period of validity.


5. Format and Signing of Proposal

5.1 The Bidder shall provide all the information as per this RFP. BIAL reserves the right

to evaluate only those Proposals that are received in the required format complete

in all respects and in line with the instructions contained in this RFP.

5.2 The Bidder shall prepare and submit one original Proposal along with an additional

copy.

5.3 The Proposal shall be signed and each page of the Proposal shall be initialled by a

person or persons duly authorized to sign on behalf of the Bidder and holding the

duly notarised Power of Attorney.

5.4 RFP submissions must be received no later than 17:00hrs on 20th October, 2016

(Proposal Due Date) in the manner specified in the RFP document at the address

given below.

5.5 The Proposal shall not contain alterations or additions, except those to comply with

instructions issued by BIAL or as necessary to correct errors made by the Bidder, in

which case such corrections shall be initialled by the person or persons signing the

Proposal.

5.6 The Tender Bond

a) Fully executed by your Bondsman, being a bank or insurance company

licensed to do business in India. (This Tender bond may be issued by a

branch of Scheduled banks in India only).

b) In an amount equivalent to Indian Rupees NIL in the name of “Bangalore

International Airport Limited”, payable in Bangalore, India.

c) Valid for 90 calendar days after the Tender closing date. Any corrections,

interlineations, deletions, etc., not signed or initialled by the person

signing the tender (no overwriting is permitted) is permitted.

d) In exceptional circumstances, prior to the expiration of the Tender validity

period, the Contractor may, in writing, request Tenderers to extend the

period of validity of their Tenders for a specific period. However, the

Tenderers will not be permitted to modify the Tender.

5.7 The sealed Tender Submission shall contain the following as mentioned below:

Technical Offer – Original (1 Set Hard copy and 1 soft copy in CD)

Commercial Package – Original (1 Set) - a Separate envelope

5.8 The envelope and Proposal should clearly mention the following details:


BID for Development & Maintenance of Landscape at VVIP Terminal - Airside

for Bangalore International Airport Limited

To

Mr Suresh K N

VP – Contracts & Procurement

Bangalore International Airport Limited.

Project Office, Devanahalli,

Bangalore - 560300, India.

Proposal Due Date and Time: 17:00 Hrs. on 20th October, 2016.

BIAL may, in exceptional circumstances and at its sole discretion, extend the

Proposal due date by issuing an addendum uniformly for all Bidders.

6. Questions during the Bid phase:

All enquiries or comments regarding this bid, and any other related matters must be

made in writing by e-mail to Mr. Ramamohana Rao ([email protected]).

BIAL may, to the extent necessary and as it deems fit, respond in writing to any

questions and concerns of the Bidders regarding any element of the issued bid

documents.

7. Responsibility of the Bidder:

It is the sole responsibility of the bidder to:

i. Examine and understand the bid documents, including all the

annexures/appendices, Addendums if any, Agreement to verify their

completeness. In the event that there are any pages or documents obviously

missing or erroneously inserted in the documents supplied, the Bidder shall

promptly apply to BIAL in writing to have any such discrepancy rectified well

before the bid closing date;

ii) Familiarize itself with the premises at which the Services will be conducted

and any relevant fixtures, fittings and equipment there to be utilised or that

may otherwise be relevant, make all relevant investigations in relation to the

performance of its obligations pursuant to the Bid;

iii) The Bidders should inform BIAL of any concerns implied or related to but not

specifically mentioned in the Bid or other documentation.

iv) BIAL reserves its right to accept any Bid and to reject any or all the

Bids/Proposals received without any reason or can change the process of the

selection at any time during or after the Bid process.

v) Obtain and maintain permits for complying with all the laws, orders,

regulations or other instructions issued by all statutory authorities in India for

the purposes of the Bidding Process.

mailto:[email protected]


8. Confidentiality:

The Contractor should ensure the confidentiality of all documents supplied/

provided by BIAL, including this RFP. The Contractor shall use the documents for

bidding process only.

9. Assignment:

Any assignment of this RFP/purchase order/Agreement or of any rights hereunder, in

any manner, by operation of law or otherwise, without the prior written consent of

BIAL, shall be void. Any such consent shall not relieve the Bidder/ Contractor from

its obligations under the RFP/purchase order/Agreement.

10. Law and Jurisdiction:

The present Bid shall be considered, governed by and interpreted in accordance with

the laws of Republic of India. The jurisdiction for the purposes of the bid shall be

the Courts in Bangalore only.

12. Bankruptcy:

BIAL may, at any time, by notice in writing summarily terminate the purchase

order/Agreement without compensation if the Bidder/ Contractor is declared

bankrupt/insolvent and/or faces any action of bankruptcy, etc. In such an event, the

Bidder/ Contractor will be bound to refund all amounts received from BIAL.

13. Government Regulations:

The Bidder shall be responsible for obtaining and maintaining permits and also for

complying with all the laws, orders, regulations, any statutory compliances or other

instructions issued by all statutory authorities in India.

14. Warranty

Equipment/Vehicle to be supplied or used by the Contractor in accordance with

orders shall be free from all defects and faults in material, workmanship and

manufacture and shall be of the highest grade and consistent with the established

and generally accepted standards for material of the type ordered and in full

conformity with the specifications or drawings issued by BIAL, or samples and shall

be operable properly and the Bidder shall be bound to furnish a clear written

warranty certificate regarding the same. In the event of any equipment, on receipt

by BIAL, are found to be not in accordance with the order, the Bidder shall replace

them free of cost including all freight and handling and any other charges as

incurred by BIAL to that extent. These warranty conditions will also apply in respect

of replaced equipment.


15. Patents and Other Intellectual Property Rights:

It is the sole responsibility of Bidder to comply patent and other intellectual

property rights in respect of the equipment supplied. BIAL will not responsible for

any claim against IPRs.

15. Other General Terms and Conditions

(a) Person signing the Agreement on behalf of the Contractor shall be duly

authorised and a valid duly notarised power of attorney and board resolution is

required to that extent.

(b) Time is the Essence of the Agreement: There shall be a strict adherence to

timelines set by BIAL.

16. Award process:

16.1 General:

BIAL is conducting the award process in a fair and non-discriminatory manner.

Canvassing in any form, unsolicited letters and post bid correction will invoke

summary rejection of the Bid. BIAL reserves the right to reject conditional

Proposals.

BIAL however reserves the right to unilaterally and at its sole discretion to change

the award process, certain elements of the bid documents or to annul the entire

bidding process at any time, without assigning any reason and without incurring any

liability towards the affected Bidder. BIAL also reserves the right to change some

elements of the planned set up for the work at the Airport, if governmental

regulations change in a manner such that the objectives of BIAL cannot be met

through the planned set up.

The Bidder shall comply with all the terms and conditions set out in bid document

and its appendices while submitting its Proposal.

BIAL reserves its right to accept any Proposal and to reject any or all the Proposals

received without any reason or can change the process of the selection at any time

during or after the RFP process. BIAL shall not be responsible to any Bidder/ persons

on any account if it exercises such rights.

16.2 Distribution of RFP/Bid Documents:

The RFP document shall be treated as confidential and the information given in the

RFP is for the purpose of submitting a proposal only and shall not be used or

distributed to any third-party at any time for any other purpose.

16.3 Selection Criteria:


BIAL would evaluate the proposal based on the technical capabilities of the Bidder,

financial soundness of the Bidder, relevant experience, price offered etc.; but will

ensure a balance between technical and commercial aspects.BIAL reserves the right

to reject or to consider or to accept incomplete or noncompliant Proposals after due

investigations for further evaluation.

Key requirements for applications: Duly filled document as per terms of RFP.

16.4 Evaluation of proposals

BIAL will evaluate the different proposals based on the following criteria (in brackets

the weightage of each criterion):

SL.

No Criteria Percent (%)

1 Compliance to Technical specifications, Scope

Docs & Design Requirements.

Complied/Alternative

Proposed (Y/N)

Compliance to Technical

Submissions/understanding of scope. 20

2 Proposed Execution Methodology & Equipment. 15

3

Bidder's Manpower Resource & Organization Chart. 15

4

Experience in the similar work and airport sector.

Photographs of Previous completed projects &

Completion Certificates.

10

5 Sourcing of Material, Logistic Plan. 10

6 Overall program proposed 10

7 Quality Plans & Quality Certificates 10

8 HSE Plans 10

Note:

1. Currency for the tender is INR only.

2. The cost to also include all material, bought out components and all taxes,

tariffs & duties paid on transactions between manufacturers and suppliers, all

other statutory taxes and levies, including ESIC component, bank charges,

transport, packing, loading & unloading and any other incidentals, costs.

3. Only technically qualified Bidders will be considered for commercial

evaluation.

4. The Financial Proposals of only those Bidders who’s Technical Proposals are

determined to be satisfactory as per the above Evaluation Criteria, will be

evaluated.


5. BIAL reserves the right to negotiate with all or any of the Bidders whose

Financial.

17. Instruction to the Bidders:

17.1 The quantities given in the Bill of Quantities are approximate and are given

to provide a common basis for bidding. It is to be understood that these are

estimated quantities only and are liable to alteration by omission, revision

or addition at the discretion of the BIAL. The basis of payment shall be the

actual quantities of work executed at site as measured by the Contractor

and verified by the Employer, valued at the agreed rates and prices as per

this RFP. No claim whatsoever shall be entertained due to variations in

quantities. Contractor should verify the quantities against the drawings /

site measurement and schedule for ordering the material prior to

execution.

17.2 The Contractor shall visit the site to assess the full nature and extent of the

works.

17.3 The rates and prices quoted shall be deemed to include, but not limited to

setting out, labour, ESI & EPF, materials, tools & plants, erection,

temporary/ preparatory works, storage, handling, packing, transport,

wastage, testing & commissioning, receiving all materials supplied by the

Contractor, if any, loading unloading and storing, housekeeping, health &

safety compliance, disposal of debris off site, supervision, overhead &

profit, taxes, duties, statutory fees & royalty, insurance, etc. and also at all

levels, all shapes and sizes, including scaffoldings, staging complete, lead &

lifts, locations as required to complete the works.

17.4 Bidders shall provide Tax rates as applicable in commercial bid format in

schedule B.

17.5 Rate or price shall be entered against each item in the priced Bill of

Quantities, whether quantities are stated or not. The cost of items against

which the Contractor has failed to enter a rate or price shall be deemed to

be covered in other rates and prices entered in the Bill of Quantities and no

additional costs will be paid by BIAL.

17.6 Same rate shall be quoted for items of same description if included in

different Bill of quantities. In case of variance, lowest of the rates quoted

shall be applied.

17.7 The BIAL reserves the right to select any of the `Makes' given in the

approved/preferred list of Makes.

17.8 Unless otherwise stated all measurements shall be taken in accordance with

INDIAN STANDARD METHOD OF MEASUREMENT OF BUILDING AND CIVIL

ENGINEERING WORKS IS: 1200. For all works measurements are as per

actuals executed at site. Where such modes are not specified, the works


shall be measured as per the relevant part of BIS codes 1200 (latest

revisions) or good engineering practice as approved by the Architect /BIAL.

17.9 Any error(s) in description or in quantity or omission if items from the

Agreement schedule shall not vitiate this Agreement but shall be corrected

by BIAL.

17.10 In case of specialist/proprietary items, the item description shall be read in

conjunction with manufacturers / supplier’s specification and in case of any

discrepancy, the works shall be carried out as directed by BIAL.

17.11 The contractor shall procure and bring materials / equipment at the site on

the basis of drawings approved for construction if any and not on the basis

of schedule of quantities which are provisional only.

17.12 Contractor to make their own arrangements for Electricity & Water and no

extra payment will be done on account of this.

17.13 Contractor to make their own arrangements for Labour shed outside BIAL

premises and no extra payment will be done on account of this.

17.14 Shop drawings and Method Statements shall be prepared if any and got

approved before starting the work at site.

17.15 Contractor shall submit all Reports, Manuals, As-built drawings,

Guarantee/Warranty, maintenance manuals etc. to BIAL.

17.16 Contractor shall make the area free of debris/construction material, etc.

and make it good before handing over the project to BIAL.

18. Verification:

BIAL reserves the right to verify all statements, information and documents submitted by

the Bidder in response to the RFQ, the RFP or the Bidding Documents and the Bidder shall,

when so required by BIAL, make available all such information, evidence and documents

as may be necessary for such verification. Any such verification, or lack of such

verification, by BIAL shall not relieve the Bidder of its obligations or liabilities hereunder

nor will it affect any rights of BIAL thereunder.

19. Misrepresentation/ Fraud/ Breach of Terms and Conditions:

If the Bidder wishes to withdraw its Proposal (on its own account) after the Proposal

Submission Date or it is discovered at any point of time that the Bidder has suppressed any

fact or given a false statement or has misrepresented or committed act of fraudulent

nature or has violated any of the terms of this RFP, the Proposal may be disqualified and

Tender Bond forfeit. In such an event, the Bidder will not be entitled to any compensation

whatsoever, or refund of any other amount, if any, paid by him. Further, the Bidder will

be debarred for a period of 3 (three) years from participating in BIAL’s works.


LIST OF ANNEXURES TO RFP

1. Annexure A (Part 1) - Scope of Work and Technical Specification

Annexure A (Part 2) - Bidder’s Eligibility Criteria and Submittals

2. Annexure B - Schedule of Quantities and Pricing

3. Annexure C - Qualification Questionnaire

4. Annexure D – Template Agreement for Execution of Works

5. Annexure E - Form Of Tender Bond



ANNEXURE –A (Part 1)

SCOPE OF WORK & TECHNICAL SPECIFICATIONS


I. SOFTSCAPE

PART 1 – GENERAL

1. INTRODUCTION

a) The purpose of this Landscape Planting Specification is to ensure the

acquisition and installation of healthy plant materials of the highest quality

in the quantity desired specifically for this project.

b) Quantities for Lump Sum Price: The Contractor will provide sufficient

quantities for materials listed needed to complete the work as indicated on

the Drawings.

(OR)

c) Quantities for Unit Price: The unit price for the quantities will remain as

the Contract unit rate for that material.

1.1 SCOPE OF WORK

The Contractor will provide landscape planting in the areas shown in the Drawings

with plants in a healthy and vigorous growing condition. All works indicated in the

Drawings by notes will be provided, whether or not specifically mentioned in this

Landscape Planting Specification. Any item not specified nor specifically shown in

the Drawings, but are normally required to conform to such intent, are considered

part of the work. BIAL reserves the right to make field adjustment and reasonable

substitution to ensure proper implementation of the landscape concept in relation

to the field condition.

A. The works under this Section includes but is not limited to the following:

1. Survey to be conducted.

2. Submission of Sample and Plant acquisition.

3. Preparation and submission of shop drawing for approval from BIAL.

4. Validate existing BOQs and re-submit along with shop drawings, for approval

from BIAL.

5. Clearing and grubbing existing unwanted materials.

6. Supply of good quality topsoil for soil mix preparation and backfilling.

7. Supply of other landscape materials.

8. Weed control.

9. Erosion control.

10. Fine grading and mounding.

11. Installation of plant materials.

12. Housekeeping & disposal of debris (On and off site).

13. Attend defects during defects liability/establishment maintenance period.

14. Establishing and maintaining quality assurance, health & safety norms

15. Warranty.

16. Submission of as-built drawings.

B. The detail scope of Work as shown in the accompanying bid drawings and Bill of

Quantities are indicative. Any incidental/temporary works that may occur during

the course of execution and completion and/or required by BIAL shall also be


included in the scope of works.

C. Plant Acquisition

1. The Contractor will submit a list of materials and the expected date of

delivery to BIAL’s Representative for approval within 5 days upon award of

the Agreement.

D. Substitution

1. If any plant specified is not obtainable, the Contractor shall submit the

Substitution Request Form as attached in Part 4 to the BIAL’s

Representative within a week time of award of the Agreement. This

request may present either a different size of the same species or a similar

alternative species with the proposed adjustment to the Agreement price

for each.

2. Substitution of plant materials is not permitted unless authorized in writing

by the BIAL’s Representative.

E. Quality Assurance

1. All plants shall be of approved quality. Whenever directed, the contractor

shall submit samples and get approvals.

2. Plant materials identified as specimen, field grown, field stock and instant

will be subjected to inspection by the BIAL’s Representative at the place of

growth and after its delivery to site for conformance with the specification

as stated in the Schedule of Works. All plant materials not conforming to

the specification will be rejected and removed off site immediately.

3. Plant materials that are installed on site found to be:

i) Dead or dying and not in a vigorous thriving condition;

ii) Improperly installed;

iii) Infected with pests and/or showing signs of disease shall be replaced

immediately with a healthy, vigorous thriving plant of the same

species and size as originally planted.

F. Delivery and Storage

The Contractor shall protect plants in transit and after delivery to the project site.

Plants in broken containers or with broken branches or injured trunks shall be

rejected. The Contractor shall remove rejected materials from the project site

immediately.

1.2 JOB CONDITIONS

A. Construction Schedule’


After award of the Agreement, Contractor shall provide a written projected

planting schedule, noting the estimated completion date, number of working days

required and any special coordination requirements.

B. The Contractor is to coordinate the work in accordance with the overall master

program.

C. Meeting on Site

Prior to commencing work, the Contractor shall meet the BIAL’s Representative

and all other concerned agencies on the site to review the work under this Section.

The Contractor shall request this meeting in writing one 2 days prior to the desired

meeting time.

D. Underground Utilities and Obstructions

The Contractor shall ascertain the exact location of all underground utilities and

other obstructions that may affect the work. Any services and obstruction

encountered shall be reported to the BIAL’s Representative immediately. The

Contractor shall protect and maintain all services during the execution of work and

repair all damages to any known services or other underground obstruction at his

own expense, whether accidental or otherwise. The Contractor shall report all

damages to any services to the BIAL’s Representative immediately.

E. Hoisting

The Contractor shall provide the necessary hoisting facilities for his tools,

equipment’s and materials up to landscape deck level and remove such facilities

after completion and make good all works disturbed. The Contractor will note and

make allowance for such facilities in his Contract price.

F. Access

The Contractor shall make provision for access facilities to work area and remove

such facilities on completion of works. The Contractor will note that there may be

such difficulties and make allowance for such things in his Contract price.

G. Protection

1. The Contractor shall provide necessary safeguard and exercise caution

against injury or defacement of existing site. The Contractor will prevent

vehicles of any kind from passing over sidewalk, curbs, etc., unless

adequate protection is provided.

2. The Contractor is responsible for any damages resulting from landscaping

works. The Contractor will repair all damages and return the area to its

previous condition at his own expense.

H. Clean Up


The Contractor will keep all areas of work clean, neat and orderly at all times

during the Contract period and clean all planting areas at the end of each working

day.

I. Samples and Tests

The BIAL’s Representative reserves the right to take and evaluate samples of

materials for conformity to the specification at any time. The Contractor will

furnish samples upon request by the BIAL’s Representative. Rejected materials will

be removed immediately from the project site at the Contractor's expense.

1.3 ESTABLISHMENT MAINTENANCE PERIOD (DEFECTS LIABILITY PERIOD)

A. General

The Contractor will maintain all plants and planting areas in optimum growing

condition and appearance at all times.

B. Duration

Maintenance, as specified in Item 3.12 - Planting Maintenance, will continue for

twelve (12) months upon receiving Completion Certificate from the BIAL. Care

of plant materials during installation is not considered part of the Maintenance

Period.

C. Plant Materials

The expense of replacement of plant materials during the Maintenance Period shall

be borne by the Contractor.

D. Pre-Maintenance Inspection and Final Inspection

1. At the completion of all landscape planting operation and prior to the

beginning of the Maintenance Period, a Pre-Maintenance Inspection shall be

held. At the completion of the Maintenance Period, a Final Maintenance

Inspection shall be held.

2. The Contractor shall request these inspections of the BIAL’s Representative

in writing five (5) working days prior to the completion of work in order

that a mutually agreeable time for inspection may be agreed.

3. The BIAL’s Representative and the Contractor or their representatives, shall

be present at the inspection.

4. At the time of inspection, the Contractor shall have all landscape areas

under the Contract neatly cultivated, raked and kept free of weeds, dead

leaves and debris. All stakes, guys and plant basins shall be in good order.

Lawn will be cut neatly and all clippings removed.

5. If all or certain portion of the works are not acceptable under the terms


and intent of the Drawings and Specification, the Maintenance Period for

the unacceptable works and any related item will be extended at no cost to

the BIAL. All rectification works has to be approved by the BIAL’s

Representative.

6. Pre-Maintenance Inspection

If, after the Pre-Maintenance Inspection, the BIAL’s Representative is of the

opinion that all works have been performed in accordance with the

Drawings, specification as stated in the Schedule of Works and as per

authorized field adjustment, the BIAL’s Representative shall issue the

Contractor the Completion Certificate certifying work completion and the

beginning of Maintenance Period of twelve (12) months.

If, after the Pre-Maintenance Inspection, the BIAL’s Representative is of the

opinion that not all works are acceptable, a Landscape Defect List shall be

issued to the Contractor. Rectification works on the Landscape Defect List

must be completed within seven (7) days, unless otherwise stated, and the

BIAL’s Representative shall set the final inspection date to verify the

rectification works.

On the final inspection, if it is the opinion of the BIAL’s Representative that

the rectification works carried out are still not acceptable, the BIAL’s

Representative shall issue a direction to the Contractor to rectify the

defects. If within seven (7) days after receipt of the written notice from

the BIAL’s Representative requiring the Contractor to comply with the said

direction and if he fails to do so, the BIAL may employ other contractors to

give effect to the direction. The extra cost (if any) of doing so shall be

deducted upon the certificate called the 'Certificate of Cost of Other

Contractor's Work' from any monies otherwise due to recover the same

from the Contractor. Upon completion, the Employer shall issue the

Contractor the Completion Certificate certifying work completion and the

beginning of Maintenance Period of twelve (12) months.

7. Final Maintenance Inspection

At the end of the twelve (12) months Maintenance Period, a Final

Maintenance Inspection shall be held.

If after the Final Maintenance Inspection, the BIAL’s Representative is of

the opinion that all works have been performed satisfactory and in

accordance with the maintenance schedule as stated in the Schedule of

Works, the Employer shall issue the Contractor a Maintenance Certificate.

If, after the Final Maintenance Inspection, the BIAL’s Representative is of

the opinion that not all works are acceptable, a Landscape Defect List shall

be issued to the Contractor. Rectification works on the Landscape Defect

List must be completed within seven (7) days, unless otherwise stated, and

the BIAL’s Representative will set the final inspection date to verify the

works.


On the final inspection, if it is the opinion of the BIAL’s Representative that

the rectification works carried out are still not acceptable, the BIAL’s

Representative shall issue a direction to the Contractor to make good the

defects. If within seven (7) days after receipt of the written notice from

the BIAL’s Representative requiring the Contractor to comply with the said

direction and he fails to do so, the BIAL may employ other contractors to

give effect to the direction. The extra cost (if any) of doing so shall be

deducted upon the certificate called the 'Certificate of Cost of Other

Contractor's Work' from any monies otherwise due to recover the same

from the Contractor. Upon completion, the Employer will issue the

Contractor a Maintenance Certificate.

1.4 IRRIGATION SYSTEM MAINTENANCE

A. Water Management:

The water management program is intended to enhance the plant health with

optimum use of irrigation water; reduce the water damages to Owner’s hardscape

and eliminate any excess water use.

B. Operation and Maintenance of Irrigation System:

The extent of contract for those services related to Operation & Maintenance of

Irrigation system shall be as given below;

1. The operation & Maintenances of distribution network of Landscape

Irrigation systems, excluding Pumping system & Mainline.

2. Contractor shall regularly maintain all components of the irrigation system

in proper working order, as per standard specifications, by inspecting the

entire system on a daily basis. Also contractor shall prepare preventive

maintenance schedule for irrigation system.

3. Drippers, Drip lines and spray heads shall be checked on an ongoing basis

such that the entire system is checked each month. Malfunctioning systems

shall be corrected immediately. Methods of detection include: visual

sightings of water on adjacent hardscape and property, soil probing, meter

monitoring and specific line observations.

4. Reprogramming of the irrigation controller as per season or as per

requirement, in consultation with PHE vendor. Individual irrigation valve

run times should be determined and set each week or every season as per

requirement. Before Irrigation scheduling run times, the site should be

"walked" and planted areas inspected to observe plant stress, health and

appropriate adjustments made in the irrigation schedule.

5. Control valve should be checked and operated individually to inspect for

and correct the following conditions: misaligned irrigation heads, clogged or

obstructed heads, missing or vandalized heads, low-head drainage


conditions, overspray onto hardscape areas, poor coverage or uniformity,

stuck valves, and broken risers, laterals or mains.

6. Irrigation system pressure shall be checked and adjusted at least once in a

month to ensure efficient operation of irrigation systems.

7. The damages to Irrigation system occur during routine horticultural

operation are responsibility of Contractor. All irrigation replacement parts

shall be as original installation or approved equals.

8. Weekly water meter shall be recoded to examine the irrigation water

consumption/demand. This data should be reconciled with run times and

flow rates to determine if there is unusual consumption which may indicate

stuck valves or other leaks.

9. If site has an irrigation controller, no manual watering shall be done unless

authorized by BIAL representative.

10. Irrigation scheduling will be coordinated with all other maintenance

activities.

11. The Contractor shall be responsible for protection of emitting devices,

placement of drip lines in their original position after each routine

horticulture operation.

1.5 WARRANTY

A. Plant Materials

1. Plant materials furnished or relocated will be warranted for a period of

twelve (12) months from the beginning of the Maintenance Period against

improper execution or planting, pest infestation and/or diseased conditions

that may appear. The BIAL’s Representative will determine the non-

conformance of the plant materials and notify the Contractor. All remedial

works shall be completed within seven (7) working days from the date of

the Pre-Maintenance Inspection.

2. Upon receipt of written notice from the BIAL’s Representative of rejection

of any plant materials during the maintenance period due to mortality,

diseased or unacceptable/defective growth pattern, the plant materials

shall be promptly replaced with the same species as originally planted. The

Contractor shall make the replacement of plant materials of similar size as

if normal growth had occurred since the original planting. Replacement will

be subjected to all requirements as stated in this Landscape Planting

Specification and Schedule of Works.

3. When plants are replaced, the Contractor will advise the BIAL’s

Representative, in writing, of the necessary establishment maintenance

which must be performed. If this information is not provided, the

Contractor will be liable for the total cost of replacement should the


replaced plant die.

4. If all remedial works are not completed as stipulated, the BIAL’s

Representative shall issue a direction to the Contractor to complete the

works as stipulated. If within seven (7) days after receipt of the written

notice from the BIAL’s Representative requiring the Contractor to comply

with the said direction and he fails to do so, the BIAL’s Representative may

employ other Contractors to give effect to the direction. The extra cost (if

any) of doing so shall be deducted upon the certificate called the

'Certificate of Cost of Other Contractor's Work' from any monies otherwise

due to recover the same from the Contractor.

5. The Contractor will not be held liable for loss of plant materials after the

issuance of Completion Certificate due to vandalism and/or act of God.

B. Special Warranty

1. All plant materials furnished shall be warranted to the species, hybrid,

flower colour and/or variety specified for a period of twelve (12) months

from the beginning of the establishment maintenance period (Defects

Liability Period).

2. Prior to the final maintenance inspection, any warranted plant materials

prove to be of different species, hybrid, flower colour and/or variety not

initially determinable, it must be replaced with a new plant of the originally

specified species, hybrid, flower colour and/or variety. The new plant will

be of equal in size to that of the incorrect plant at the time of its removal.

The new plant will meet the quality standard, be subjected to the

warranty, and installed according to the Specification to the approval of the

BIAL’s Representative.

C. Liability

The liability under the warranty period will include the repair of damages to

the BIAL’s, Contractor's and/or other Sub-Contractor’s property caused by

the failure of the work performed under this Section. All provisions of this

Section apply to work performed to satisfy the requirement of this

warranty.

1.6 APPLICABLE CODES AND STANDARDS

1. The following codes and standards are guide to the minimum quality

acceptable for material product and workmanship.

2. The Contractor may propose alternative codes and standards, provided the

Contractor can demonstrate that the maximum quality for materials,

products and workmanship shall not be compromised and they are

submitted to the BIAL’s Representative for his review and approval in

advance of their use.


3. ASTM - American Society for Testing and Materials

4. C33 - Specification for concrete aggregates

5. BSI - British Standards Institution

6. B.S. - British Standards

- Recommendations for General Landscape Operations

(Excluding hard surfaces)

7. SS - Singapore Standard

8. Any other applicable International Codes which may be enforced at the time

of execution.

1.7 AS-BUILT DRAWINGS

A. The Contractor shall submit, as required with full and complete as-built

drawings in respect of the Contract works.

B. All drawings shall be submitted in ample time for checking and for re-

submission of any amendments desired, so as not to jeopardise in any way

the time for completion of the Contract works.

C. The Contractor shall submit a set of reproducible paper prints for

verification by BIAL’s Representative. After the verifications, the

Contractor shall submit the as-built drawings as follows:

i) Four (4) sets of colour paper prints.

ii) Two (2) sets of computer diskette/CD (PDF & AutoCAD).


PART 2 – PRODUCTS

2. PRODUCTS

2.1 GROWING MEDIA

2.1.1 Good Quality Topsoil

Topsoil or good earth shall be a friable loam, typical of cultivated topsoil,

containing at least 2% of decayed organic matter (humus). It shall be taken

from a well-drained arable site that is free from flooding. It shall be free of

subsoil, stones, earth skids, sticks, root or other objectionable extraneous

matter of debris. It shall contain no grass or weed growth of any kind, other

foreign material or stones exceeding 25mm in diameter.

Topsoil Specification

pH 6.5-7.5

Electrical conductivity 125 (w/v)

Soil-water extracts not exceeding

1500 microhm/cm (1500 micro Siemens/cm)

Organic matter 2%

Soil Texture

Sand (0.05 – 2.00mm) Max 35%

Silt (0.002 – 0.05mm) Max 35%

Clay (< 0.002mm) Max 30%

2.1.2 Soil Conditioners

a) Manures: Manure shall be decomposed animal manure of fully fermented

pre dried cow dung (Decomposed FYM) or chicken manure with minimum

nitrogen, phosphoric acid, Potassium of 2-2-2 and a pH value of 6.0 to 7.5.

Sludge waste may be used as substitute subject to approval of the BIAL’s

Representative. Manure and sludge shall be free of stones, weed seeds,

sticks and non-bio degradable material.

b) Fertilizers: Application of general fertilizers as basal dose during

Development and as top dressing during Maintenance or as per direction of


NPK 19:19:19 "Sampurna/multiplex-pramukh fertilizer or approved

equivalent as recommended by soil analysis, will be uniformed in

composition, free-flowing and suitable for application with approved

equipment. It will be delivered to the project site in un-opened containers,


each fully labeled and conforming to the applicable fertilizer laws. It will

bear the name or mark of the manufacturer.

It shall be stored in waterproof sealed bags under shelter away from water

and direct sunlight. Samples shall be submitted to, and approved by the

BIAL’s Representative, before use in the Works.

Sampurna/multiplex (19:19:19) 100 gm/Sqm

Agricultural lime 200 gm/Sqm

Agriculture grade Gypsum 1000 gm/Cum of soil mix

Bone Meal 150 gm/Sqm

Murate of Potash 20 gm/Sqm

Single super phosphate 100 gm/Cum of soil mix

Neem cake in powder form 500 gms/Sqm

Provision of insecticides 10 ml in 10 ltr/Sqm

2.1.3 In-Ground Soil Mix

General

Soil mix for in-ground planting (on grade) of trees, palms, shrubs,

groundcovers and turf shall consist of the following.

For Trees and Palms, it shall comprise:

Topsoil 03 Parts

Decomposed FYM 01 part









For Shrubs, Ground covers and turf/lawn, it shall comprise:

Topsoil 03 Parts

Decomposed FYM 01 part










2.2 PLANT MATERIAL

A. Quantities

Quantities indicated in the Drawings for unit price items are Indicative and are

provided for the convenience of the Contractor. The Schedule of Works will have

precedence over the Drawings.

B. Nomenclature

Names of plants will conform to names generally accepted in the local nursery

trade and as interpreted by the BIAL’s Representative. In all cases of dispute, the

decision of the BIAL’s Representative shall be final.

C. Condition

i. All trees, palms, bamboo, shrubs, groundcovers, vines and lawn shall

have a normal habit of growth and are healthy, vigorous and free

from insect and / or disease infestation.

ii. The minimum acceptable size of all trees after pruning, with

branches in normal positions, will conform to the measurement

specified in the Schedule of Works unless stated otherwise.

iii. Caliper measurement will be taken at a point on the trunk 1.0 meter

above natural ground.

iv. Trunk height measurement will be taken from the collar of the trunk

to the first branch (trees) or to the first frond (palms).

v. Clear trunk height measurement will be taken from the collar of the

trunk to the woody tissues of the palm.

vi. Plants that meet the specified measurement, but do not possess a

normal configuration or balance of height and spread will be

rejected. All trees supplied shall be branched as specified in the

Schedule of Works. Natural form of the trees must be kept after

pollarding. De-topped trees will be rejected. All trees supplied must

have terminal shoots.

vii. Plant materials larger in size than specified may be used, but are

subjected to the approval of the BIAL’s Representative. The use of

larger plant materials will make no change in the contract price.

Height shall not be substituted for balanced form.

viii. All plant materials will have a root ball of sufficient size to support

the plant recovery from transplanting. Any plant materials delivered

to site before planting with small or inadequate root balls shall be

rejected. In all cases, the decision of the BIAL’s Representative shall

be final.

ix. All trees and palms shall be transplanted from growing site and

planted at project site by mechanical crane.

x. Trees and palms will be straight and have uniformed shape without

damage. Trees with abrasions on the bark, sunscalds, disfiguring

knots or damaged limbs over 25mm diameter which have not been

pruned will be rejected.

xi. All specimen trees must have a minimum crown spread of not less


than half the size of the overall height.

xii. All instant trees must have minimum three main branching from the

trunk with a minimum crown spread of not less than half the size of

overall height.

xiii. All trees must not be pollarded when delivered and planted on site.

Only light pruning is allowed and must be approved by the BIAL’s

Representative.

xiv. All turf areas will be closed turfed, unless otherwise stated as spot

turfing.

xv. All rooted stolons must be healthy and free from other foreign

grass/weeds.

2.3 WATER

The Contractor shall be responsible for providing hose pipes with showers to avoid

erosion and/or uprooting of plants due to water pressure while watering. In case if

there is no irrigation water available at site, the contractor shall arrange his water

tankers and necessary equipment to ensure that there is adequate water for the

plants during planting phase. The Contractor can fill his water tankers from the

water source given by the BIAL within BIAL premises. Water shall be provided free

of charge.

2.4 MISCELLANEOUS MATERIALS

The Contractor shall allow for the following list of materials in the rates for Other

Items as stated in the Schedule of Works.

i. Hose and Wire Ties : 12mm diameter rubber hose with #12 gauge

galvanized iron or stainless steel wire.

ii. Guy Wire : #12 gauge galvanized iron or stainless steel

for large trees and palms. #9 gauge

galvanized iron for field grown trees.

iii. Rebar : #4 gauge, 600mm minimum length for large

potted trees and palms. #7 gauge, 1.0M

minimum length for larger trees and palms.

iv. Wood Tree Stakes : 50mm x 50mm x 2.5m rough construction

grade hardwood with no paint or stain.

Bamboo may be used for its substitution.

Only new and clean timber will be used.

v. Tree Collar Protector : A tree collar protector is made of a UPVC

pipe of length 200 mm, diameter 75m and

thickness 2 mm with a slit cut along the full

length of the tube.


PART 3 – EXECUTION

3. EXECUTION

3.1 SITE CLEANING

3.1.1 The Contractor shall clear all planting areas of debris and foreign materials

considered a hindrance to the planting operation and/or unsightly in

appearance.

3.1.2 The Contractor shall maintain previously established grades.

3.1.3 The Contractor shall be responsible for cleaning the planting areas suitable

for planting. It is the responsibility of the Contractor to ensure that this is

done.

3.1.4 The Contractor shall arrange to have all cleared materials moved to

designated areas on/off site.

3.2 PRE-PLANTING WEED CONTROL

3.2.1 The Contractor will remove all visible weeds before any soil placement.

3.2.2 Application of herbicide or weedicide is not allowed unless specifically

instructed by BIAL’s Representative.

3.3 EXCAVATION

The rates for excavation are to include:

3.3.1 Excavating around piles and confined areas and getting out.

3.3.2 Excavating by hand and/or mechanical means any materials encountered

including below the water table and for grubbing up roots of trees.

3.3.3 Excavating around and removing boulders.

3.3.4 Trimming, levelling and compacting bottoms & keeping sides plumb.

3.3.5 Multiple handling of excavated material and all transport and handling

charges at loading and unloading ends.

3.3.6 Planking and strutting including any left-in, special strutting and shoring

(unless specifically designed by the Contractor’s Engineers) and/or any

other means of withholding the sides of the excavation and ensuring the

safety of adjoining structures.

3.3.7 Additional excavation and backfilling for formwork, planking and strutting

or to batter the face of the excavation in lieu.

3.3.8 Clearing any falls of earth into excavations.

3.3.9 Complying with the instructions of BIAL’s Representative, issued from time

to time to ensure the safety of excavations and adjoining structures.

3.3.10 Removal of excavated materials off-site to approved dumping areas.

3.3.11 Tree/Palm pits shall be dug a minimum of three weeks prior to back filling.

The pits shall be 1000mm x 1000mm x 1000mm in size. While digging the

pits, the topsoil upto a depth of 300mm may be kept aside, if found good

(depending upon site conditions) and mixed with the rest of the garden

soil.If the soil is bad below, it shall be replaced with the soil mixture as

specified further herein. The bottom of the pit shall be forked to break up

the sub soil. Dug pits have to be left open and removed soil (if suitable) to


be aired for 2-3 weeks.

3.3.12 The soil back filling watered through and gently pressed down, a day

previous to planting, to make sure that it may not further settle down after

planting. The soil shall be pressed down firmly by treading it down, leaving

a shallow depression all rounds for watering.

3.4 IN-GROUND SOIL MIX

The Contractor will provide the following minimum depth of in-ground soil mix for:

3.4.1 Tree and palm planting pit minimum 1000 mm x 1000 mm x 1000 mm

3.4.2 Shrubs & Climbers planting bed minimum 500 mm depth

3.4.3 Ground Covers & Lawn area, minimum 300 mm depth

3.5 SOIL PREPARATION AND APPLICATION OF SOIL MIXES

3.5.1 The Contractor shall ensure the in-ground soil mix as described in Item

2.01C thoroughly mixed before placing it into the planting pit and the

contractor will have to show the pits to BIAL’s Representative to get the

approval for refilling the pits.

3.5.2 All areas to be planted shall be cleared of rubbish, weeds, all stones

exceeding 25mm diameter in all directions and any debris.

3.5.3 No topsoil or soil mixes shall be spread or cultivation carried out until the

BIAL’s Representative has approved the subsoil operations.

3.5.4 Soil mixes or Topsoil shall be filled throughout the entire contained area to

the designated planting depth. The loose depth of the topsoil shall be

sufficient to the entire planting depth after natural settlement has taken

place. Soil mixes shall not be compressed or rolled to achieve levels.

Conversely, if levels drop below specified levels, additional soil mix shall be

added to achieve designed levels.

3.5.5 Soil mixes shall be carefully spread by machine or hand in optimum moist

condition. Very wet or dry soil mixes must not be used. Heavy compaction

of soil mixes shall be prevented. Compacted soil shall be rejected.

3.5.6 When, in the opinion of the BIAL’s Representative, site conditions are

unsuitable for working; soil operations shall cease and shall only be resumed

when authorized by BIAL’s Representative.

3.6 FINE GRADING/DRESSING AND MOUNDING

3.6.1 The Contractor shall adjust finished grades with sieved soil mix as

necessary. Grades shall be smooth and even on a uniform plane without

abrupt changes or pockets and slope it away from all sides/buildings. The

Contractor shall verify the surface drainage of all planting areas and notify

the BIAL’s Representative of any discrepancies, obstructions, or other

conditions considered detrimental to proper execution of the work and

plant growth.

3.6.2 Landscape work will be tied to existing condition such as existing trees,

palms, landscape features, utility lines, pavement, curbs etc. Finished

grades shall bear proper relationship to such control. The Contractor shall


adjust all works as necessary to meet the conditions and fulfil the intention

of the Drawings.

3.6.3 After initial settlement the finish grade shall be:

i) Turf/Lawn: 40 mm lower than adjacent walks, curbs and

headers.

ii) Shrub and Groundcover: 40 mm lower than adjacent walks,

curbs and headers.

III) Tree and Palm: 40 mm lower than adjacent finish grade.

3.7 SOIL AND DRAINAGE CONDITION

3.7.1 Prior to planting operation, the Contractor shall ensure all planting areas

are free of weeds, debris, rocks over 25mm diameter in all directions and

clumps of earth that will not break up.

3.7.2 During the initial planting operation, the Contractor shall ensure that all

planters/planting pits are ready for planting. The Contractor shall inform

the BIAL’s Representative in writing immediately of any problems or

conditions that are considered detrimental to the growth of plant materials.

3.7.3 The Contractor must test all planters/planting pits for its drainage

capability by filling the planters/planting pits with water. Conditions

permitting the retention of water in the planters/planting pits for an

excessive period of time must be brought to the attention of the BIAL’s

Representative immediately. The notice must include the proposal and its

cost of rectifying the drainage problem. The Contractor must ensure that

the drainage problem is rectified before proceeding with planting works.

3.7.4 If the Contractor fails to inform the BIAL’s Representative, he will be

responsible for the rectification of the drainage problems and replace all

damaged plant materials at his own cost.

3.8 PLANTING OPERATIONS FOR IN-GROUND PLANTING

A. Handling Plants

i) The Contractor shall handle plants in a manner to avoid any damage

to the plants.

ii) The Contractor shall protect plants at all times from sun or drying

winds. Plants that cannot be planted immediately upon delivery to

the site shall be kept in the shade, well protected and adequately

watered.

iii) All Specimens field grown and field stock trees and palms shall be

planted on the same day they are delivered to the site.

iv) All specimen trees and palms shall be transplanted with mechanical

crane/equipments.


B. Setting

i) Location of trees and palms shall be staked out on site by the

Contractor for review by the BIAL’s Representative prior to

execution of work. The Contractor shall inform the BIAL’s

Representative one (1) days in advance of inspection of staking-out.

ii) Plants will be centred and set on the soil mix as described in Item

2.01C that has been puddled and settled.

iii) Apply the required water polymer into each planting pits.

iv) Plants will be set with the soil level even with the finish grade and

planted to give the best appearance in relationship to adjacent

structures or surroundings.

v) The Contractor shall use specified soil mix to continue backfilling

planting pits. The Contractor will set plant straight and brace rigidly

in position until the soil mix has been tamped solidly around the

rootball. When ¾ of the planting pit is backfilled, water thoroughly,

saturate the root ball.

vi) The Contractor shall water all plants materials immediately after

planting.

C. Plant Pits

All trees and palms shall be installed in round or square pits with vertical

sides, twice the diameter and 1½ times the depth of the rootball.

D. Staking and Guying

Stakes for tree support shall be rough sawn wood, free from knots, rot,

cross grain or other defects that impair the strength. Stakes shall be treated

with pentachlorophenol or other approved non injurious green preservative.

Immediately after planting, the Contractor shall stake all trees and palms of

3.0m overall height and below. The Contractor shall guy all larger trees and

palms of above 3.0m overall height as mentioned in Landscape Planting

Specification.

E. Shrubs and Groundcovers Beds

i) Location of planting beds shall be staked out on site by the

Contractor for review by the BIAL’s Representative prior to

execution of planting works. The Contractor shall inform the BIAL’s

Representative one (1) days in advance of inspection of staking out.

ii) The Contractor shall install plant materials in optimum moist soil in

the areas and at the spacings in neat rows, ensuring complete

coverage of all planting areas including under and around trees and

palms. Spacing’s are triangular spacing, unless otherwise noted or as

directed by BIAL’s Representative.

F. Plugging


i) On the prepared surface, evenly distribute at the rate shown in the

Drawings and dice stolons into the soil in such a manner that at least

80% of the stolons are buried.

ii) Upon completion of disking operation, roll the planted area with a

lawn roller to firm the ground and ensure close contact of the soil

and stolons.

G. Seeding

i) The Contractor shall ensure the areas to be sown is moist, even,

smooth and free of rocks.

ii) The Contractor shall broadcast the seed uniformly at the rate shown

in the Drawings. The Contractor shall rake seeds into the top 10 mm

of the soil mix.

iii) Immediately after seeding, the Contractor shall compact the entire

area with a cultipacker of roller. If a combination seeder and

cultipacker is used during seeding operation, additional compaction

is not required.

iv) The Contractor shall water the seedbeds immediately after

compacting and keep the areas moist as needed for optimum seed

germination. Apply water sporadically to prevent erosion or gullying.

3.9 TREE/PALM ROOT PRUNING

Upon receiving approval from the BIAL’s Representative, the Contractor shall

prepare the plant materials to be delivered to the Project Nursery Centre.

i) The Contractor shall remove approximately 1/3 of the secondary branches

in such a way to preserve the natural character of the tree. The Contractor

shall remove approximately 1/3 of the lower fronds of the palm. Other

parts of the remaining fronds shall not be cut. Only clean and sharp tools

shall be used. Cuts will be smooth with no tearing or ripping of the bark. All

dead and broken branches shall be removed. All aerial roots shall be

trimmed. All trees trimming shall be approved by the BIAL’s Representative.

ii) The Contractor shall prepare the soil for the root ball to be removed with

each tree, palm, bamboo etc. Unless otherwise directed by the BIAL’s

Representative, size of root ball is as follows:

Tree/Palm Trunk Height Transplanted Rootball Size

Specimen 1.5m dia

4 - 5m 1.2m dia

2 - 4m 1.0m dia

1 - 2m 0.8m dia

iii) The Contractor shall mark a 1500mm circle around the tree/palm. A semi-

circle trench 400mm wide and 1500mm deep around the tree/palm/bamboo

shall be cut.

iv) When trenching, only clean sharp cutting tools shall be used. All ends of the

roots shall be server cleanly.


v) The Contractor shall backfill the trench with the following mixture:

Peat moss - 50%

Sand - 40%

Vermiculite - 10%

vi) The plant materials shall be kept well irrigated for the next four (4) weeks.

vii) The root ball area shall be drenched with a mild fungicide once every two

(2) weeks.

viii) After four (4) weeks, repeat procedures C to G for the other half of the root

ball.

ix) The Contractor shall guy the plant materials securely to prevent it from

falling.

x) The plant materials shall be kept well watered for the next four (4) weeks.

Keep up with the fungicide application.

xi) Eight (8) weeks after the first root pruning is done, the plant materials shall

be lifted and remaining root system will be severed.

xii) The Contractor will ball and burlap the root ball securely with geo-fabric

and non-synthetic ropes.

xiii) The Contractor shall remove each plant material with its wrapped root ball.

The Contractor shall carefully place the plant materials into the temporary

planters/planting bags.

xiv) The Contractor shall transplant the approved plant materials to the Project

Nursery Centre.

xv) The Contractor shall use 'Re-potting Soil Mix' as described in Item 2.01C.

xvi) When transporting the plant materials to the Project Nursery Centre, The

Contractor shall keep the plant materials as upright as possible.

3.10 TREE/PALM PLANTING

i) All trees/palms shall be delivered to the site on the day of the scheduled

planting. Do not move the trees/palms until new planting pits have been

properly excavated and prepared to receive the trees/palms.

ii) The tree/palm shall be transported without any damage to the

branches/trunk.

iii) The fronds of the palm shall be securely wrapped with non-synthetic

material during transportation and planting operation.

iv) The tree shall be lightly pruned before being moved to the site. The pruning

of all tree/palm must be approved by the BIAL’s Representative.

v) Prepare the planting pit two (2) days before the tree/palm arrives on site.

The planting pit for the tree/palm shall be sterilized, drenched with

fungicide and covered with a plastic sheet. The soil mix shall be sterilized

and drenched with fungicide.

vi) Prepare the soil mix for the tree/palm as described in Item 2.01C.

vii) Spread rooting hormone to the sides and base of the planting pit before

planting.

viii) Lower the tree/palm into the planting pit.

ix) Backfill each planting pit by placing prepared soil in layers around the root

ball. Tamp each layer in place. Avoid displacing the position of the

tree/palm or injuring the roots.

x) When 1/3 of the backfill soil mix has been placed, fill space with water and


allow soil to settle around the roots. Complete backfilling.

xi) Support each tree/palm immediately after planting. Install at least three

(3) guys spaced equally about each tree/palm.

xii) Encase each guy wire in a resilient tree tie and attach it to the trunk an

angle of approximately 60 degrees, at about 1/3 the height of the

tree/palm.

xiii) Anchor each guy to notched stakes. Drive the stakes into the ground angled

away from the tree/palm. Drive tops of stakes at least 400mm below the

surface of the ground.

xiv) Tighten each guy with its turnbuckle. Keep the guys taut.

xv) Attach flag strips on each guy at 1.0m intervals, covering 1/3 of the guy

wire.

xvi) Install the hose and sprinkler for irrigating the crown of the palm only.

xvii) The tree/palm shall be kept moist. The crown of the palm shall be irrigated

at least once a day, for a minimum period of one (1) hour in the early

evenings. Do not irrigate the crown of the palms during the day to prevent

evaporation of water from the surface of the leaves that may lead to leaf

scorching.

xviii) The root ball shall be drenched with rooting hormone once every two (2)

weeks. A mild fungicide shall also be applied every two (2) weeks to the

root ball area of the tree/palm.

xix) Mild liquid fertilizer shall be applied to the crown of palm three (3) months

after planting.

3.11 PRUNING OPERATIONS

A. Pruning Operation

i) Pruning and removal of any part of plant materials shall be done with clean

sharp tools. Tools used to carry out the pruning work must be appropriate

for the task. The surface of tools and equipment shall be sterilised after use

on plant materials that are suspected or known to be diseased.

ii) Cuts on plant materials shall be made into living tissues to induce callusing.

Cut surface will be flat, sharp and without jagged or torn edges.

iii) Pruning operation will consider carefully the natural growth pattern of

branches on the tree, palm or shrub. Tree branches shall be pruned back to

the collar at the base of the branch.

B. Categories of Pruning Work

1. Cleaning Out Works

Cleaning out works means removal of

i) dead, dying and diseased branches, vines;

ii) branches that are posing danger;

iii) parasite plants and any other materials;

2. Crown Thinning of Trees/Palms

Crown thinning means the removal of weak and thin branches that are less

than 50mm diameter or the lowest ring of fronds from palms. Works shall be

carried out in accordance with Item 3.11A.


3. Light Pruning

Light pruning will mean the removal of branches that are 75mm diameter.

Works shall be carried out in accordance with Item 3.11A.

4. Hard Pruning/Pollarding

Hard Pruning means the removal of up to 40% of the branches of trees and

fronds from palms. Works shall be carried out in accordance with Item

3.11A

3.12 PLANTING MAINTENANCE

A. Maintenance works under this section includes but is not limited to the

following:

i) The Contractor shall protect areas that are exposed to traffic by erecting

barricades immediately after planting.

ii) The Contractor shall irrigate planting areas as required to ensure active

growth. The areas shall be kept moist but not saturated. The Contractor

shall regulate irrigation as necessary to avoid erosion and gullying.

iii) The Contractor will fertilize as needed in accordance with the direction of

the BIAL’s Representative and five days prior to the Final Maintenance

Inspection. The Contractor will exercise caution, proper supervision and

take necessary measures to avoid scorching of plants.

iv) The Contractor shall keep planting areas free of weeds and undesirable

grasses through daily weeding if required. Remove the entire root system of

all weeds. Dispose off all weeds in designated location. All nutgrass shall be

manually removed with nuts and before flowering.

v) The Contractor shall inspect all plants, including lawn, for disease

infestation or insect attack weekly and treat the infected plant materials

immediately with appropriate fungicide or insecticide until complete

recovery.

vi) The Contractor shall remove damaged or diseased growth from all plant

materials.

vii) The Contractor shall immediately remove any dead or dying plants.

Replacement of plants shall be of the same species and size.

viii) The Contractor shall restake, tighten, repair, reset guys to proper grades or

upright position for any plant that are not in their proper growing position.

ix) The Contractor shall mow the lawn to 30 to 40mm height whenever the

average height exceeds 45 to 50mm. Grass shall be cut according to the

contours of the ground. The height of grass blade after cutting shall not

stand higher than 35mm above ground level. All grass clippings must be

removed on the same day.

x) As if, it becomes evident that certain areas of the lawns and groundcovers

have not uniformly or properly established, the Contractor shall replant the

area immediately with the same plants and quantity. The plant materials

must be maintained to ensure healthy and active growing condition for

approval during the Final Maintenance Inspection.

xi) The Contractor shall prune all trees as directed by the BIAL’s

Representative to establish desired form, habit and appearance.

xii) The Contractor shall maintain records of maintenance procedures including

manpower, description of tasks, fertilizers, irrigation, etc. These records


shall be submitted to the BIAL’s Representative upon completion of formal

maintenance period.

xiii) The Contractor shall work closely with the BIAL’s Representative to set up a

maintenance schedule.

B. Routine Maintenance Work Schedule:

Operation Frequency

1. Watering Check all planting areas and pits and

water as often as necessary to ensure

that planting medium does not dry out.

2. Weeding Weekly/as and when required.

3. Edging Monthly/as and when required.

4. Fertilizing As directed by BIAL’s Representative

5. Composting Once every three months. Water

thoroughly after the application.

6. Mulching

a) Trees/Palms Once every three months.

b) Shrubs Once every three months.

7. Loosening of soil Monthly/as and when required.

8. Control of pest by applying Fortnightly, increasing the frequency to

appropriate insecticides 3 days as required in case of sever

infestation.

9. Control of disease by applying Monthly, increasing the frequency to

appropriate fungicides weekly/fortnightly during rainy season.

10. Grass cutting Weekly/as and when required.

11. Pruning and shaping Once every six month for small and low

sagging tree branches.

12. Guying/staking As and when required.

13. Trimming Monthly/as and when required.

14. Top dressing for turf/lawn Once every three months/as

and when required.

C. Manpower:

1. Qualified Horticulturist, Experienced Supervisor, Skilled and Experienced

Gardeners.


2. A back-up team will operate fortnightly on major trees, palms, shrubs,

groundcovers and lawn maintenance.

3. A separate grass cutting team will operate at every 10 days interval. Grass

cutting works to be completed in 1 day on each operation.

4. A separate tree pruning team will operate once every three months. Tree

pruning works to be completed in 1 day on each operation.

D. Maintenance on Weekends and Public Holidays

In the event of emergency, the Contractor must carry out the landscape

maintenance works immediately according to instructions of BIAL’s Representative.

3.13 CLEAN-UP WORKS

i) There will be area designated by the BIAL’s Representative for the

Contractor to carry out 'Clean-Up Works'.

ii) This clean-up works will include the following:

iii) Removal of dead and/or over hanging branches of existing trees, palms,

shrubs and groundcovers.

iv) Removal of any garbage and unsightly foreign materials.

v) Removal of dead vines and plant materials.

vi) The Contractor shall prevent damages to the existing healthy plant

materials identified to be conserved.

vii) When plant materials that are to be conserved are damaged beyond use

during the clean-up operation, the Contractor shall be liable to replace the

plant materials at his own expenses.

viii) The assessment on the damaged plant materials shall be done by the BIAL’s

Representative. The decision on replacement and repair works by the

Contractor shall be at discretion of the BIAL’s Representative and decision

of the BIAL’s Representative is final.

3.14 RESTORATION

The Contractor is responsible for the use of all material, labour, equipment and

any injury to plant material caused by such material, labour and equipment shall

be repaired or replaced by the Contractor at his own expense.

3.15 APPLICATION OF PESTICIDES

i) When pesticide becomes necessary to remove a diseases or pest, a trained

and certified operative shall apply the required pesticide in accordance

with the recommendations of the manufacturer.

ii) Hydraulic equipment/power sprayers shall be provided for liquid application

of pesticides with a leak proof tank, positive agitation methods, controlled

application pressure and metering gauges.

iii) Prior to application, the contractor shall submit a pesticide treatment plan

for approval by the BIAL’s Representative.


PART 4 – REPORT/FORM

4.1 SUBSTITUTION REQUEST

Date of Award of Contract :

Date of submission to substitute the plants :

We seek approval from BIAL’s Representative to substitute the following plants:

S/N DESCRIPTION PER SUBSTITUTION QTY COST IMPLICATION



II. IRRIGATION

1. INTRODUCTION

The BIAL's Requirements - Specifications for Landscape Irrigation system is

described in this document.

2. General

2.1 Drawings and Technical Documents

All the drawings shall be prepared on computer through AutoCAD System.

Drawings shall include irrigation layouts with proper legends showing point of

connection from mainline, exact location of supports, flanges, bends, tee

connections, reducers, detail piping layout with size and valves etc.

These drawings shall contain all information required to complete the design and

to execute the works. Also drawings shall contain details of construction material,

size, arrangement, operating clearances, performance characteristics and pressure

rating about all items used in the systems.

Each items/materials proposed shall be as per standard catalogue product of an

established manufacturer from the list of approved makes or reviewed without

objection by Owner’s Representative.

Manufacturer’s drawings, catalogues, pamphlets and other documents shall be

maintained in the Office records. Each item in each set shall be properly labeled,

indicating the specific services for which material or equipment is to be used,

giving reference to the governing section and clause number and clearly identifying

the items and the operating characteristics.

Samples of all materials like valves, pipes, insulation, control wires etc. shall be

maintained at site in the office room provided by the Contractor.

3. Reference Standards

i) General

IS 10799 Irrigation Equipment - Design, Installation and Field Evaluation of

Micro irrigation Systems - Code of Practice

IS : 12786 Irrigation Equipment - Polyethylene Pipes for Irrigation Laterals -

Specification

IS : 12785 Irrigation Equipment - Strainer-type Filters - Specification

IS : 13487 Irrigation Equipment - Emitters - Specification

IS : 13668 Guidelines for fixing intensity of irrigation

IS : 14178 Pressurized irrigation equipment - Terminology

IS : 14605 Irrigation equipment - Micro sprayer - Specification

IS : 14606 Irrigation equipment - Media filter - Specification

IS : 15386 Pressurized Irrigation Systems - Graphic Symbols


IS : 14791 Prevention and Treatment of Blockage Problem in Drip Irrigation

System - Code of Practice

ASAE : S398.1 Code of practice for Performance of Spray pop-up

IS : 2629 Recommended practice for hot dip galvanizing on iron and Steel.

ii)

Pipes and

Fittings

IS : 4985 Code of Practice for UPVC pipe

IS : 4984 Code of Practice for HDPE pipe

iii) Valves

IS : 3950 Specification for surface boxes for sluice valves

IS : 13095 Butterfly valves for general purposes.

4. Design Criteria

4.1 Scope of Work General

The Irrigation System Layout shall be reviewed before start of execution.

The scope of work under this shall include, but not limited to,

4.1.1 Reviewing of Irrigation system of VVIP Airside Landscape Area

4.1.2 Supply, installation and commissioning of the pressurized irrigation system

4.1.3 Supply, installation and commissioning of all items included in the scope of

works as described below (but not limited to):

i) Filtration unit

ii) All piping, valves and associated fittings

iii) Sprinklers/Drippers/Bubblers/ laterals

iv) Irrigation control system

v) All wiring and associated fittings.

4.1.4 Execution of Civil, Mechanical, Electrical, Instrumentation and Piping work

as specified including Design review, Engineering, Supply, Fabrication,

Erection, Installation and Commissioning of Landscape Irrigation system.

4.1.5 Regardless of the items, quantities or description contained in the drawings,

or specification, it is the contractor’s responsibility to ensure the proper

functioning of Irrigation system.

4.1.6 The detailed Irrigation drawings and documents shall be prepared covering

all the items

i) Key plan in scale 1:1000

ii) Layout plans showing all components at suitable scale.

4.1.7 Training about automized items to the BIAL Operation and Maintenance

staff for period of one month.

4.1.8 Operation and Maintenance of Irrigation system till the issue of Completion

Certificate.

4.1.9 Mainline & tapping points is not included in the scope of work. From the

tapping points all connection & installation is considered under the scope of

contractor.

4.2 Design Data

The Design data as given below:

4.2.1 Preliminary irrigation system design drawing.


4.2.2 The system will be controlled by Electromechanical Controller.

4.2.3 Area: The total landscape area as mention in soft scape scope.

4.2.4 Water Source: Treated water from Main Pump House, location as shown on

drawing

4.2.5 Pump: Existing Hydropneumatic pumping unit in Main Pump House

4.2.6 Pumping Hours: Max 6 Hours

4.2.7 Pressure compensating subsurface Inline drip of 16 mm, 2.3 lph @ 0.30 to

0.40 mtr for Lawn area.

4.2.8 Drip line: Pressure compensating Inline drip of 16 mm, 2.3 lph @ 0.30 to

0.40 mtr for shrub and bushes

4.2.9 Online Pressure compensating Dripline 16 mm for trees with 4lph dripper at

specified interval.

4.3 Design Intent

4.3.1 The design intent of this irrigation system is to supply sufficient irrigation

water to the VVIP Island landscape area.

4.3.2 Landscape areas of VVIP Island will be watered using automized inline drip

and subsurface drip systems and in some place with hose pipe from Quick

coupling valves, where it is not feasible to installed irrigation systems.

4.4 Deliverables

Hard and Soft copies of the following deliverables shall be submitted to the BIAL’s

representative.

4.4.1 O & M manuals

4.4.2 As Built drawings (3 sets of Hard copies + one set of soft copy)

4.4.3 Catalogues for Spare parts

4.4.4 Test certificate of major equipment.

4.4.5 Warranty certificate of all major items.

4.4.6 Weekly progress reports during Construction stage.

4.5 Detailed design reports and drawings

Detail analysis and design calculations shall be reviewed by the contractors before

start of execution works along with BIAL’s representative. Any deficiency or error if

found in design and drawings shall be informed promptly. Construction at site shall

not start without review of the relevant drawings by the BIAL’s representative.

Notwithstanding review by the BIAL’s Representative, the responsibility for

correctness of designs and drawings shall lie with the Contractor. If any error is

detected in the design during or after construction, the Contractor shall make good

the error at his own cost to the satisfaction of the BIAL’s Representative.

4.6 Irrigation Water point

Connection shell be taken from the tapping points provide by BIAL at site from the

mainline network in surrounding of VVIP Landscape area

4.7 Water Quality

Treated STP water is supplying from the Main pump house to all the Landscape

area through the network of raw water line. The Irrigation water shall be filtered

through screen filter before the start of irrigation systems network.


5. Irrigation System Network

5.1 Information to be supplied by Contractor

The contractor must provide product literature and the following information

regarding product/equipment being used

Items Manufacturer Model No.

(If applicable)

Country of

Origin

PVC Pipes Standard:

Class:

Mainline Valves (BV & SV)

Quick Coupling valves

Tapping Saddles

Gate valves

PVC pipe fittings Standard:

Class:

PVC Primer

PVC Solvent Cement

Teflon Tape

Laterals (Inline, Subsurface

inline & Online)

Standard:

Class:

Irrigation controller

Low voltage cable

Wire joiners

5.2 Piping Materials

As mention above the all pipes test certificate and materials detail as per model

number shell be submit by the contractor at the time of supply.

5.2.1 General

All sizes are in metric unit; whereas equivalent imperial unit shall be used

in case of imported material.

5.2.2 UPVC Pipes and Fittings

The pipes shall be round and shall be supplied in straight lengths with

socketed ends. The internal and external surfaces of pipes shall be smooth,

clean, and free from groovings & other defects. The ends shall be cleanly

cut and square with the axis of the pipe. The pipes shall be designed by

external diameter and shall conform to IS: 4985. The pipes shall be of

Class-III & Class V; 6 kg/cm2 & 10 kg/cm2 pressure rating respectively.

Fittings

Fittings shall be injection Moulded and shall be 10 kg/cm2 pressure rating and

to conform to Indian Standard.

5.2.3 HDPE pipes:

The pipes shall be designed by external diameter and shall conform to IS:

4984. The internal and external surfaces of pipes shall be smooth, clean,


and free from groovings and other defects. The pipes shall be of 8 or 10

kg/cm2 pressure rating.

5.3 Pipe Work

5.3.1 Class of pipe

The following acceptable classes of pipes:

IS 4985:2000 PVC pipe

IS 4984:2000 HDPE pipe

5.3.2 The laying, jointing, thrust blocking and testing will be performed to the

pipe as per manufacturer’s recommendations. If there be any conflict with

this specification; the contractors will notify the BIAL’s Representative

before installation who will resolve the conflict at site.

5.3.3 Mainline

Pipes will be solvent weld jointed supplied in standard 6 meter lengths. All

fittings will be solvent weld jointed as per manufactured or as per Indian

Standard.

5.3.4 Sub-mains and laterals

a) Pipe will be solvent weld jointed supplied in standard 6 meter

lengths.

b) uPVC fittings upstream of the sub-main /isolation valve will be at

pressure rating 50% greater than the pipe rating.

c) Other standards are only at the approval of the BIAL’s

Representative.

d) Pipe ends should be cut square and shaving removed

e) All joints will be primed and left to cure for one hour undisturbed

after solvent welding and a further 24 hours prior to pressurizing

5.3.5 Laying of pipe work.

a) Pipes will be laid in the routes and sizes as indicated on the drawings

and stated in the relevant sections of this specification. In the case

where multiple pipes or electrical conduits are laid in the same

trench, they must be located side by side, not crossing each other or

stacked one upon the other. Minimum 50 mm gape shell be

maintained between two pipelines, when two or more pipelines laid

in the same trench.

b) All pipe laying and jointing will be performed in situ in the trench on

the prepared bedding; not assembled above ground and placed in

the trench at a later stage.

c) At the end of each day’s work, all open ends of pipework and

conduit will be plugged and staked to prevent entry of vermin, dirt,

water or moisture and movement of the pipe.

d) Where pipe is required to pass over or under drainage pipe, the

Contractor is to ensure a minimum clearance of 50 mm between the

irrigation pipe and the drainage pipe.

5.3.6 Crossings

Electrical Cables (Common to all crossings)

a) High voltage cables

i) A separate PVC electrical conduit will be installed for the

high voltage cables.

ii) The high voltage cables must not share a conduit with low

voltage cables


b) Low voltage cables

i) This conduit must be separated by minimum 300 mm from

the high voltage conduit (if any).

c) Conduit

i) The size of the conduit will allow easy pulling of cables. So

the minimum size of conduit used will be 25 mm. if the

number of cables increased to 7 then go for 40 mm conduit.

ii) If the conduit is exposed to sunlight in any place, it will be

UV resistant.

Road crossing

a) Pressure pipe

Where the pipe work goes under a road, the contractor will install:

i) U-PVC pipe sleeve of sufficient diameter to allow easy

installation of the bell-ended PVC pipe.

ii) GI pipe of equivalent internal diameter to the PVC pipe.

b) Depth

The minimum depth of the sleeve and conduits will be 600 mm

measured to the top of the sleeve.

c) Ends of sleeve and conduits

These will be clearly marked above ground for ease of future

location.

Pathways & internal maintenance road crossings

a) Pressure pipe

Where the pipe work goes under pathways, the contractor will install

uPVC pipe sleeve of sufficient diameter to allow easy installation of

the bell-ended PVC pipe.

b) Depth

The top the pipe and conduits will be a minimum 450 mm below the

base of the pathways.

5.4 Trench Work

5.4.1 Mixing of soil layers

When the depth of the trench extends through different soil structures

(e.g., sand capping, topsoil, clay, and native earth), the contractor will:

i) Remove each layer and place it separately on the surfaces.

ii) Refill the trench to restore the original layers of soil.

iii) Mixing of the different soil layers is not limited.

5.4.2 Mainline Excavation

i) Trenching for mainlines will be performed by hand digging only

ii) The depth of trench for mainline shall be minimum 600 mm from the

finish ground level.

iii) The material removed whilst digging will be placed no closer than

300 mm to the top edge of the completed trench and there will be a

minimum of loose soil left in the bottom of the trench prior to pipe

laying.


5.4.3 Sub-main/Lateral line Excavation

i) Trenching for lateral lines will be performed by hand digging or by

backhoe with a maximum bucket width of 300 mm, to minimize

disturbance to the surrounding area.

ii) The depth of trench for sub mainline shall be minimum 450 mm from

the finish ground level.

iii) These trenches will be straight with the bed level and graded.

5.4.4 Back Filling

i) Where trench work encounters unsuitable bedding material such as

hard clay, rock, shale, loose stones, excessive tree roots, etc. a 100

mm bed of sand or loam will be placed below pipe in the trench

prior to pipe laying.

ii) This policy will apply to back filling of all trenches, where the pipe

will be covered with 100 mm of sand or loam to prevent similar

debris coming in contact with the pipe or control cables. Under no

circumstances will construction debris of any kind be included in

any back fill material.

iii) Allowances should be made for back filling during the heat of the

day to minimize the effects of thermal expansion and contraction on

pipe already laid.

iv) Trenches will be back filled on the same day as they are excavated.

i.e. trenched will not be excavated until required. This is to prevent

flooding of trenches and floatation of pipes.

5.4.5 Compaction

i) Compaction should take place only after suitable bedding and back

filling has been completed to the satisfaction of the BIAL’s

Representative.

ii) Compaction can be achieved by either:

i) plate compaction in layers not exceeding 300 mm

ii) wheel rolling with a suitable vehicle after 450 mm of cover is

provided

iii) Regardless of which method is used, it will remain the Contractor’s

responsibility to ensure reinstatement of trench subsidence during

both the contract and the defects liability period.

5.5 Fixing & Staking

5.5.1 The Fixing & staking of the mainline, sprinklers, valve and controller will be

done by the contractor subject to approval by the BIAL’s Representative.

5.5.2 The contractor will supply the stakes as follows:

i) Each will be 1 m long.

ii) The top of the stake will be flanged to make it highly visible from a

distance of 200 m to prevent damage from machinery.

5.5.3 Different colour flags if required will be used for

i) Sprinklers

ii) Quick Coupling valves


iii) Mainline

iv) Controller

5.6 Filter

5.6.1 The filters to be used on this system will to suit the nominated total flow

rate of the particular station

5.6.2 The filter is to have a maximum 1 mtr pressure loss across it.

5.6.3 The Contractor is to provide full details and operating characteristics of the

filter he intends to use on this system including pressure loss and backwash

water requirements for approval by the BIAL’s Representative.

5.6.4 Filter element shell be with mesh of 100 micro size and economical element

with high filtration efficiency.

5.6.5 Maximum operating pressure 10 kg/sq.cm

5.7 Thrust Blocks

5.7.1 Mainline concrete thrust blocks will be placed on all fittings that are

subject to unbalanced thrust forces created by pressure and fluid

movement. That is, at all mainline bends, tees, reductions, expansion,

caps, isolation valves etc.

5.7.2 Excavation of the thrust bearing surfaces will be at right angles to the line

of thrust and located in either solid, undisturbed soil or soil which has been

compacted specifically for that purpose.

5.7.3 In case of bigger pipes (80 mm dia and above), thrust blocks of cement

concrete 1:2:4 (1 cement: 2 coarse sand: 4 graded stone aggregate of 20

mm nominal size) shall be constructed on all bends.

5.7.4 The thrust blocks must have cured for 24 hours before pressure testing.

5.8 Air Valves

5.8.1 Air Valves will be 25 mm double acting air/vacuum release valves or

approved equivalent. These valves will be isolated from the mainline by

gate valve.

5.8.2 Air valves will be installed so that they are a minimum 100 mm and a

maximum 200 mm below grade.

5.9 Quick Coupling Valves (QCV)

5.9.1 These will be 25 mm brass quick coupling turf valves.

5.9.2 Each QCV will be securely attached to a solid stake to prevent rotation.

5.9.3 25 mm brass coupler keys and swivel hose elbows will also be provided by

the contractor to enable use of the QCV’s.

5.10 Isolation Valves

5.10.1 Mainline Isolation Valves:

i) Mainline isolation points will be achieved by installing gate valves at

designated locations. These valves will be housed in valve boxes.

ii) The valve handle will be located within 150 mm from the top of the

valve box for ease of operation.

5.10.2 Section Isolation Valves


i) All section will be isolated by installing a PVC ball valve at the point

of take-off from mainline.

ii) Valves will be PVC ball valve or approved equivalent.

iii) They will be housed in valve boxes

5.11 Valve Boxes

5.11.1 All valve boxes will be with a green color lid or or an approved equivalent,

fitted with bolted down lids.

5.11.2 All valve pits will be constructed of bricks.

5.11.3 There will be no contact between the pipe and the valve box or valve pit.

5.11.4 All valve pits will have a minimum fill of 100 mm of washed pea gravel or

blue metal.

5.11.5 Solenoid valves, isolating valves, flush valves and quick couplers shall be

installed in an access box of sufficient size to permit ready removal of the

valve inner assemblies without removing the box from the ground. Valve

numbers and station numbers must be clearly marked inside and outside to

the box with a permanent paint or by using plastic tags.

5.12 Swing Joint

5.12.1 All swing joint (articulated) risers are to be swing joint risers or an

approved equivalent with O ring sealing for the threaded joints.

5.12.2 The length of all swing joint risers will be 300 mm or as per site

requirement.

5.13 Sprinklers

The sprinkler will be gear driven /spray type as per requirement if any.

5.13.1 All gear driven drivers will be bottom/side connected to the lateral pipe

work via swing joint or Pipe with necessary fittings

5.13.2 Each sprinkler will be initially installed as per lawn or shrub height at the

site with the top parallel to the grade but 75 mm to 100 mm above the

shrubs.

5.13.3 Each sprinkler will be enveloped in a compacted sand bed and sand

surround to enable easier resetting of the sprinkler height. The sand

surround will be 100 mm diameter. The sand will be compacted to prevent

subsidence.

5.14 Pressure Compensating Dripper Line (In-Line & Subsurface In-Line)

5.14.1 The dripper line shall consists of linear low density polyethylene (LLDPE)

tubing with pressure compensating emitters welded to the inside surface at

selected intervals as mention in BOQ.

5.14.2 The pressure compensating dripper shall consist of “dual regulation”

utilizing both turbulent flow labyrinth and EPDM diaphragm. The dripper

shall be continuously self-cleaning and should have an inlet filter capable of

being cleaned by flushing the line. Pressure compensation shall be between

0.5 kg/cm2 to 4 kg/cm2. The coefficient of manufacturing variability must

be less than 0.04 as determined by an independent organization.

5.14.3 The dripper line must be warranted against solar damage for 10 years. The

dripper line shall be able to be installed with the dripper in any orientation.


Temperatures to 60°C shall not affect dripper flow rate. The dripper shall

have a large “water path” outlet that acts as a mechanical barrier to root

intrusion.

5.14.4 The drip line shall have an inside diameter of 13.6 mm and dripper flow

rates of 2 to 4 lph as agreed with the BIAL’s representative. Pressure

compensating dripper line spacing shall be 300 or 400 mm depending on the

planting pattern or as per BIAL’s representative.

5.15 Water Meters

Water meters if any in the BOQ shall be provided for monitoring water consumption

in each cluster. The water meters shall be provide as per approval of BIAL

representative. Also Suitable chambers or valve box shall be provided along with

the meters to house the meters. The meters shall conform to Indian Standard IS:

779 and IS: 2373.

5.16 Valves

All valves (ball, gate, globe, check, safety) shall be of gun metal or PVC as suitable

for the particular service. All valves shall be of the particular duty and design.

Valves shall either be of screwed type or flanged type, with suitable flanges and

non-corrosive bolts and gaskets. Tail pieces shall be supplied along with valves.

Gate, globe and check valves shall conform to Indian Standard IS: 776 and non-

return valves and swing check type reflux to IS: 5312.

Sluice valves, where specified shall be flanged sluice valves of cast iron body. The

spindle, valve seat and wedge nuts shall be gunmetal. They shall generally have

non-rising spindle and shall be of the particular duty and design. The valves shall

be supplied with suitable flanges, non-corrosive bolts and asbestos fiber gaskets.

Sluice valves shall conform to Indian standard IS: 780 and IS: 2906.

Ball valves shell be of openable type and it both end shell be for solvent joint. It

shell have a pressure rating of minimum 10 Kg/Cm2.

5.16.1 Electric Control Solenoid Valve

i) The valve body and bonnet shall be constructed of heavy duty glass

reinforced nylon body and internal parts shall be stainless steel

diaphragm shall be nylon reinforced nitrile rubber. Solenoid coil

shall be encapsulated in Moulded epoxy.

ii) Normally closed diaphragm type, slow opening and closing. Should

be rated 24V-50Hz -2 watts. Maximum pressure rating shall be not

less than 15 kg/sq.cm. BSP inlet/outlet, solenoid plunger shall in co-

operate with self-flushing type stainless or internal filter.

iii) Provision for manual open/close and flow control stem with crass

handle for regulating the flow. All valves shall be provided between

0.5 – 7 kg/sq.cm (within an accuracy of ±0.35) kg/cm2 regardless of

upstream pressure. The pressure regulator shall be with a calibrated

dial for dry setting if the outlet pressure.

iv) The valve shall be capable for pressure regulating electrical and

manual mode operation using external and internal bleeds. Valve

shall be suited for dirty or treated sewage effluent water.

v) The valve shall be inline or angle configuration as per the

requirements. The valve construction shall be such as to provide for


all internal parts to be removable from the top of the valve without

disturbing the valve installation.

vi) Only Moulded uPVC/Brass fittings shall be used with solenoid valve

assemblies.

5.16.2 Pressure Reducing Valve

Each pressure reducing valve set if any shall be complete with pressure

reducing or pressure regulating valve, isolating valves, pressure gauges on

inlet and outlet, pressure relief valve on outlet and filter on inlet.

Each pressure reducing valve shall contain loading neoprene diaphragm and

a full floating, self-aligning, ignition resistant seat and shall be of the single

stage, pressure reduction type with provision for manually adjusting the

delivery pressure. The valve shall fail safe to the low pressure.

Valves shall be capable of operating and maintaining automatically the

respective delivery pressure and flow rates and shall not be liable to creep.

Valves shall also be capable of maintaining the pre-set downstream pressure

under static condition.

The filter on each inlet to a pressure reducing valve shall be of replaceable

porous sintered metal type.

5.16.3 Water Fittings

All Gunmetal fittings such as gate, globe, check & safety valves shall be

fitted in pipe line Necessary unions shall be provided on both ends of the

valves for easy replacement.

5.17 Pipe Sleeves

Pipe sleeves, next larger diameter than pipes shall be provided wherever pipes pass

through walls & slabs and annular space filled with fiberglass & finished with retainer

rings. All pipes shall be accurately cut to the required sizes in accordance with

relevant BIS codes and burrs removed before laying. Open ends of the pipe shall be

closed as the pipe is installed to avoid entrance of foreign matter.

5.18 Pipe Protection

Cast iron soil and waste pipes under floor in sunken slabs and in wall chases (when cut

specially for the pipe) shall be encased in cement concrete 1:2:4 mix (1 cement : 2

coarse sand : 4 stone aggregate of 12 mm size) 10 cm bed and all round. When pipes

are running well above the structural slabs, the encased pipes shall be supported with

suitable cement concrete pillars of required height and size.

6. Point of Connection:

Tapping point will be provided at the site by BIAL should be utilized for section wise

irrigation system installation as shown in the layout. Only one point of connections

(POC) would be made using Clamp saddles so as to minimize excavation at various

places in view of depth of existing Mainline (0.6 Meters). Submain line of 63 or 50 mm

would start from POC after valve installation .Irrigation programs of all valves should

be coordinated with flow and pressure availability.


7. Irrigation Control System

The system will be controlled by the outdoor type single stations battery operated

Irrigation Controller. The controller will be installed inside the valve box as per the

location given in the layout. All necessary fittings like battery, cables & connectors

should be installed as per standard & as per instruction of owner requirements.

i) All electrical connections will be performed by licensed electrical

personnel.

ii) All cabling be in accordance with the relevant statutory authority

requirements.

a. Low Voltage (solenoid) control cables

The cables running from irrigation controller sectional valve will comply

with the following:

i) They will be PVC sheathed..

ii) There will be a spare active cable run along the length of each

common cable.

iii) A 1m loop of cable will be left at each solenoid to facilitate future

valve maintenance.

iv) Cables joins will only be accepted at each solenoid valve.

v) The only acceptable method of joining cables will using connectors

used in Landscape Irrigation work.

b. Installation Of Cables

i) All cables will be tested for continuity before installation with a

mega-ohm.

ii) This test will repeated after the cables have been installed in the

ground but before back filling.

iii) The cables must not be connected to any other electrical equipment

while they are being tested.

iv) All tests will be carried out the contractor and approved by the


8. Testing Procedures

Adjustment of the system:

The contractor will adjust the various components of the irrigation system to

ensure the overall operation of the system is efficient. This includes the

programming of the irrigation control system and adjustment of part circles

sprinkler heads.

a. Static pressure test:

i) A static test of two hours at 1.5 times the working pressure of the

mainline above 110 mm (but no higher than the pressure rating of

the pipe) will be performed if required at the completion of the

tapping band installation stage of each section of the mainline.

ii) During the period of the static test, the pressure will not drop by

more than 0.25 kg/sq.cm


iii) All isolation valves and thrust blocks must be in place and cured for

the mandatory period of time.

iv) Air valves, quick coupling and lateral valve assemblies must be

completed and the lines thoroughly flushed and primed prior to

testing.

v) There will be no permissible leaks at any point in the system.

vi) All tests will be carried out by the contractor and approved by the


b. Commissioning:

i) The commissioning of irrigation controller system will be carried out

by the manufacturer representative in conjunction with and

approved by the BIAL’s Representative.

ii) The commissioning will include, at the time of hand over, a

demonstration of all sections and individual elements pertaining to

the operation of the irrigation system.

9. Hand Over

Before hand over, the Contractor shall ensure the following;

i) In addition to the static pressure test or commissioning, the

completed system must be operated without fault for at least one

week prior to hand over.

ii) Should any major leaks occur during this period, the static pressure

test procedure will be repeated once the problem has been

rectified?

iii) If the system is repaired, then it must operate for at least one week

without fault prior to hand over being accepted.

iv) In lieu of an official hand over, any works properly tested,

commissioned (if applicable) and used by the Owner for at least one

week without fault will be deemed as handed over.

10. Documentation

10.1 As Constructed Drawings

Scaled as-built Hydraulic and Electrical drawings of similar quality to the

construction drawings on A2 Paper will be supplied by the Contractor and accepted

by the Owner’s Representative in writing before the issue of the certificate of

practical completion is made.

10.1.1 Hydraulic Drawings (3 Sets)

These drawings scaled at 1:1000 will include the location of

a) Point of Connection

b) All mainline and lateral piping (including sizes)

c) Sprinklers heads

d) All valves

e) Main isolation

f) Quick coupling

g) Section isolation


10.1.2 Electrical Drawings (4 Sheet)

These drawings will include the location of:

a) Point of connection

b) Mainline and sub-main pipe

c) Sectional Valve

d) Power sources

10.1.3 Manuals

One set of instruction manuals will be provided. Draft copy shell be

submitted for prior approval by the Owner’s Representative. These manuals

are to be comprehensive and fully descriptive to enable the Employer to

properly operate and maintain the system. They are to include a trouble-

shooting guide of the problems likely to occur during the lifetime of the

system. They must cover

a) The irrigation control system operation and maintenance.

b) All irrigation components installed including:

i) Trade literature

ii) Local suppliers details including:

iii) Name of company/ Name of contact person

iv) Phone number/ Fax number

v) Local technical support

vi) Email id

11. Practical Completion

11.1 Practical completion will be granted when the entire works described by the

Contract has been handed over, documentation supplied and other contractual

obligations fulfilled to the satisfaction of the Owner’s Representative.

11.2 At the discretion of the BIAL’s Representative, practical completion may be

granted subject to a defect list of minor rectification work to be carried out by the

contractor.

11.3 If the minor rectification work is not carried out within 2 weeks of the granting of

practical completion, then the date of practical completion will be extended until

such time as they are completed.

12. Defects Rectification and Warranty obligations

The Defect Rectification and warranty obligations in the Conditions of Contract are

applicable for the Irrigation System Works. In addition to that, the Contractor

warrants the Water meter, Screen Filter, Sand Filter, Pipes, Drip line, Sprinklers,

Solenoid Valves, Cables and Irrigation Controller if any specified in this documents.

Upon receipt of written notice from the Owner’s Representative of rejection of any

irrigation material during the Establishment Period and / or the Defects

Rectification Period due to its malfunctioning, the materials shall be promptly

replaced with the same technical specification & make as originally installed.

Replacement shall be subject to all requirements as stated in Owner’s

Requirements.


13. Lists of Approved Makes

Sl.

No. Particulars Makes

1 Galvanized Pipes Tata Jindal Zenith

2 GI fittings ISI Standard

3 PVC pipes and Fittings Jain Finolex Supreme

4 HDPE pipes and Fittings Jain Reliance Supreme

5 Gate Valves Leader Zoloto Equivalent

6 QCV, Key & Swivel Elbow Jain Rainbird Harit

7 Sprinklers Rainbird Toro Hunter

8 Drip line & Drippers Rainbird Jain Finolex

9 Irrigation controllers Rainbird Toro Hunter

10 Cables Finolex Polycab Equivalent

11 Solenoid Valves Rainbird Toro Hunter

12 Isolation Valves C.I. (Sluice

Valve) Kirloskar Equivalent


ANNEXURE –A (Part-2)

BIDDER’S ELIGIBILITY CRITERIA AND SUBMITTALS

SL.

No. Criteria Submittals/ Proofs

1

The Bidder should be specialized with minimum of two

years’ of experience in the field of Landscape and

maintenance of similar works at major Airports, shopping

malls, five star hotels building, tech parks, institutions,

etc.

Completion certificates

of similar kind of

Landscape and

maintenance works

2

The Bidder should be equipped with the necessary tools

and machinery to maintain the similar kind of Landscape

and Maintenance Works

List of tools and

equipment

3

The Bidder should be able to provide the required

manpower to manage the similar kind of Landscape and

maintenance works

Details of manpower

and recruitment plan.

4 The Bidder should be financially sound and should manage

the similar kind of Landscape and maintenance works

Details of Income tax

paid and turnover of

the Company/ Firm.



ANNEXURE B

SCHEDULE OF QUANTITIES AND PRICING

1. QUANTITIES & PRICING

The prices set forth herewith in ‘Schedule of Quantities and Pricing’ shall remain firm in

respect of all Work performed and Services provided to satisfactorily complete the work as

described in this Agreement.

Contractor agrees that payment in accordance with the prices set forth herein in shall

constitute full payment for performance of Work and shall cover all costs of whatever nature

incurred by Contractor in accomplishing the Work in accordance with the provisions of the

Agreement, unless otherwise specified.

SCHEDULE OF QUANTITIES & PRICES

The Schedule of Quantities and Prices for the Agreement are as follows:

1. BOQ - SOFTSCAPE WORK

Sl

No. Description of Item

Unit Quantity Rate (INR) Amount (INR)

-1 -2 -3 (4)=(2) X (3)

1 EXCAVATION, SUPPLY AND REFILLING

OF PLANTING MEDIA

1.1

Trenching/ploughing in ordinary soil up

to depth as specified including

removal, transportation and stacking of

good earth and serviceable materials

within the Project Site (only bottom

areas of trenches to be measured for

payment).

1.1 a 1000mm x1000mm x 1000mm pit for

trees / palms Cum 99 -

1.1 b 450 mm deep bed for shrubs &

climbers. Cum -

1.1 c 300mm deep bed for Lawn and Ground

covers Cum 125.4 -

2

Supplying and stacking of well

decomposed cow dung or sludge

manure at site by mechanical

transport, loading-unloading including

royalty and carriage with all lead and

lifts (cow dung manure measured in

stacks will be reduced by 8% for

payments)

Cum 41.8 -


2.1

Refilling the excavated areas/pits with

General Planting soil mix for Trees,

Palms, Accent plants, comprising of

top soil and manure (FYM) in the ratio

3:1 (3 parts earth: 1-part manure),

including fertilizers like neemcake,

bonemeal, DAP, MOP and termite

control etc.) as per mix indicated in

technical specifications, flooding with

water till saturation, filling more

planting soil mix if necessary, watering,

leveling, shaping etc. (Cost of earth,

FYM, neemcake, bonemeal, DAP, MOP

and termite control are to be paid

separately as per respective items

mentioned.

Cum 99 -

2.2

Land preparation by spreading cow

dung manure and mixing in soil up to

300 mm depth for Ground covers and

lawn to achieve the ratio 3:1 (3 parts

earth: 1 part manure), including

fertilizers like neemcake, bonemeal,

DAP, MOP and termite control etc.) as

per mix indicated in technical

specifications, flooding with water till

saturation, filling more planting soil

mix if necessary, watering, leveling,

shaping etc. (Cost of earth, FYM,

neemcake, bonemeal, DAP, MOP and

termite control are to be paid

separately as per respective items

mentioned).

Cum 125.4 -

2.3

Supply and applying of chemical

fertilizer before or after as per

requirement

-

2.3 a Sampurna / Multiplex-Pramukh

(19:19:19) (100gm/Sqm) Kgs 41.8 -

2.3 c Bone Meal (150gm/Sqm) Kgs 62.7 -

2.3 d Single super phosphate (100 gm/Sqm) Kgs 41.8 -

2.3 e Murate of Potash (20gm/Sqm) Kgs 8.36 -

2.3 f Neem cake in powder form (500

gms/Sqm) or as per instruction. Kgs 209 -

2.3 g Provision of insecticides (10ml IN 10

ltr/Sqm) Ltr. 4.18 -

3

ROUGH DRESSING: Rough dressing of

the trenched ground including breaking

clods etc.

Sqm 480 -

4 FINE DRESSING: Fine dressing lawn

area. Sqm 54 -

5

GRASSING BY CARPETING/TURFING:

Grassing with Mexican grass, 40 to 50

mm thick. Weed free with mechanized

cutting of sods for installation,

including watering and maintenance of

lawn to be done till the grass forms a

thick lawn, free from weeds, with final

leveling to ensure it is fit for mowing.

Sqm 54 -

Sub Total -


2. BOQ - Plants and Plantation

Plant supply with planting: Including supply, loading, transport, unloading, planting, staking / guying etc

complete. All plant height specified are excluding container.

Sl. Description Specification Unit Quantity

Rate Amount

Plant

supply Planting

A. TREES

1 - Plumeria pixie

600-750 mm Ht, 750

mm crown, Healthy

plant having 4-5

branches and bushy

appearance

Nos 28 -

B PALMS

1 - Kentia Palm

3000 mm overall ht,

having 6 to 8 healthy

suckers, 1000mm

crown, well

developed healthy

plant.

Nos 62 -

2 - Cycus revoluta

1000 mm overall ht,

with 1200 mm

spread having min 20

to 25 healthy well

developed leaves,

specimens plant.

Nos 9 -

C GROUND COVERS:

1 -Gazania perennial

100 mm Ht, healthy

and bushy

appearance

Nos 7956 -

2 - Zephyranthes candida 150 mm Ht, well

developed plant Nos 7600 -

3 - Pandanus veitchii 300 mm Ht, bushy

appearance Nos 156 -

Total Cost -

3. BOQ - Irrigation

SUPPLY, INSTALLATION & COMMISSIONING OF AUTOMIZED (BATTERY OPERATED CONTROLLER) IRRIGATION

SYSTEMS

Sr. No. Description of Work Unit Qty. Rate (Rs) Amount (Rs)

A PIPES

1

Providing, Fixing, Testing & Commissioning of

UPVC Pipe of ISI standard,

Jain/Supreme/Finolex/equivalent make with all

necessary fittings of Class-5 (IS 4985-2000),

Including all labours, all complete as per

specification and direction of BIAL’s

Representative.

a) 63 mm x 6 kg/cm2 (Mainline) Mtr 54 -

b) 63 mm x 6 kg/cm2 (Sub mainline) Mtr 36 -

Total of Pipes -

B QCV, VALVES & FILTER


2


3/4" Quick Coupling Valve (QCV) with Plastic

material On 63 mm pipe of

Harit/Rainbird/Equivalent Make, with G.I

Service saddle, G.I Nipple, 3/4'' Gate Valve &

all necessary fittings , including all labours, all

complete as per specification and direction of


No 1 -

3


3/4" QCV Key with hose swivel arrangement of

Plastic material Harit/Rainbird/Equivalent make

with all necessary fittings, including all labours,

all complete as per specification and direction

of BIAL’s Representative.

No 1 -

4


63 mm PVC Teflon seal Ball valve

Jain/Supreme/Finolex Make, including all

fittings, all labours, all complete as per


Representative.

No 2 -

5


40 mm PVC flush valve Jain/Supreme/Finolex

Make, including all fittings, all labours etc, all



No 4 -

6

Providing, Fixing, Testing & Commissioning of 2''

Screen Filter for a filtering capacity of 15

m3/hr of ISI standard, Jain/Supreme/Finolex

make with all necessary fittings, including all

labours, all complete as per specification and

direction of BIAL’s Representative.,

No 1 -

7

Providing, Fixing, Testing & Commissioning of 1

" Air Release Valve assembly Harit / IVC / Jain

make with MS or GI Service Saddle, GI Riser,

including all necessary fittings and labour, all



No 1 -

Total of QCV, Valves, Filter -

C DRIPLINE & DRIPPER

8


Inline LLDPE Tubing of 16mm (Outer Diameter),

of Class 2 (ISO 9261), with PC dripper @ 0.30

Mtr spacing and 2.3 LPH discharge, Rainbird /

Netafim / Naadanjain make with fittings of ISI

mark, including all labours, all complete as per


Representative.

Mtr 1500 -

9


Subsurface Inline LLDPE Tubing of 16mm

(Outer Diameter), of Class 2 (ISO 9261), with

dripper @ 0.30 Mtr spacing and 2.3 LPH

discharge, Rainbird / Netafim / Naadanjain

make with fittings of ISI mark, including all


direction of BIAL’s Representative.

Mtr 200 -


10


16mm plain drip Tubing of class -2 with fittings

of ISI mark, Jain/Rainbird/Netafim/Equi. Make

including all labours, all complete as per


Representative.

Mtr 100 -

11

Providing, Fixing, Testing & Commissioning of 4

lph PC dripper with fittings of ISI mark,

Jain/Rainbird/Netafim/Equi. Make including all



No 160 -

Total of Dripline & Dripper -

D CIVIL & CROSSING

12

Earthwork Excavation, Backfilling with good

earth and removal of excess earth. Depth of

cutting for mainline = 0.60 m, Depth of cutting

for distribution line = 0.45 m, including all



a) For excavation (soft soil) Cu. M. 25 -

b) For back filling Cu. M. 25 -

13

Providing, fixing, laying of 110 mm PVC pipe (6

kg/cm2) for road crossing at 2 ft below

finished ground level for irrigation pipe and

cables with concrete block etc. complete

including encasing of pipe with PCC 1:3:6, all



Mtr 3 -

Total of Civil & Crossing -

E VALVE BOXES

14

Providing & Fixing of Valve Boxes 6" Round on

brick base with openable top cover of

Jain/Rainbird /TORO make with necessary

fittings, all labours , all complete as per


Representative.

No 1 -

15

Providing & Fixing of Valve Boxes 18"

Rectangular on brick base with openable top

cover of Jain/Rainbird /TORO make with

necessary fittings, all labours, all complete as

per specification and direction of BIAL’s

Representative.

No 2 -

Total of Valve Boxes -

F AUTOMATION

16


Solenoid Valves, 200 PGA Angle Valve of size 2"

with flow control Rainbird/TORO/Hunter make,

including all fittings, labours, all complete as

per specification and direction of BIAL’s

Representative.

No 2 -


17


Single station Battery operated Irrigation smart

Controller Rainbird/Hunter/ equivalent make,

outdoor type, Including all fittings, all labours,

all taxes (except service tax) etc, all complete

as per specification and direction of BIAL’s

Representative.,

No 2 -

Total of Automation -

SUB TOTAL -

4. BOQ - MAINTENANCE

Sl

No. Description of Item

Unit Quantity Rate (INR) Amount (INR)

-1 -2 -3 (4)=(2) X (3)

1

Establishment Maintenance:

Maintenance for Twelve (12) months

after completion of all works.

Contractor to submit a maintenance

schedule together with tender

documents based on manpower and

input requirement during maintenance

period.

Months 12 -

Sub Total -

SUMMARY

Sl No. Description Amount in INR

1 BOQ - Softscape -

2 BOQ- Plants and Plantation -

3 BOQ - Irrigation -

4 BOQ - Maintenance for 12 Months -

Grand Total -

*Note: 1. The Contractor has to mention Type of Equipment, Quantity in separate sheet.

2. The Contractor has to give list of man power deployment and their wages in

a separate sheet.

3. The Quote may not valid without above mentioned sheets.


Drawing:

The given drawing is for reference only



ANNEXURE C

QUALIFICATION QUESTIONNAIRE

1 Applicant

1.1 Full Name

1.2 Jurisdiction of Incorporation

1.3 Registration Number

1.4 Registered Address

Please attach:

1.5 Current registration certificate

1.6 Most recent audited accounts, year ending:

2 Parent Company providing Guarantee (if applicable)

If you are a subsidiary within a group of companies, we seek a parent company

guarantee of your performance of this Agreement; otherwise this Section 2 is not

applicable

2.1 Name of Parent providing

Guarantee

2.2 Jurisdiction of Incorporation

2.3 Registration Number

2.4 Registered Address

Please attach:

2.5 Current registration certificate

2.6 Most recent audited accounts, year ending:

3 Contact Person for this Agreement

3.1 Name

3.2 Address for Courier

3.3 Office Phone

3.4 Mobile Phone

3.5 Fax

3.6 E-mail Address

4 Bank Providing Tender, Other Bonds & insurances (if applicable)

4.1 Name of Bank

4.2 Branch of Bank

4.3 Please attach letter from bank confirming its willingness to provide bonds in the

specified forms

5 Disclosure of Interests

Please disclose here any beneficial financial interest which exists, or may exist,

between yourselves and the following or their affiliates:

5.1 BIAL

5.2 The GVK group of companies


Certifications & Procedures

Please attach your current corporate Quality Procedure, Safety Manual and

certification(s) for:

6.1 Quality, e.g. ISO 9000

6.2 Environmental Management,

e.g. ISO 14000

6.3 Other relevant certifications

7

Reference Project # 1 (works of similar nature, scale, complexity and time constraints,

and executed in a region with a similar climate)

7.1 Employer

7.2 Main Contractor

7.3 Project #

7.4 Project Name

7.5 Approximate Value of this

Agreement

7.6 Start Date – Completion Date:

Planned & Actual

7.7 Brief Description & Indicative

Quantities

7.8 Reference Contact, Name &

Phone

8

Reference Project # 2 (works of similar nature, scale, complexity and time constraints,


8.1 Employer

8.2 Main Contractor

8.3 Project #

8.4 Project Name

8.5 Approximate Value of

Agreement


Planned & Actual


Quantities


Phone


9 Reference Project # 3 (works of similar nature, scale, complexity and time constraints,


9.1 Employer

9.2 Main Contractor

9.3 Project #

9.4 Project Name

9.5 Approximate Value of

Agreement


Planned & Actual


Quantities


Phone

10 Current Commitments (for each project currently on hand of a similar nature, please

list the following information)

Project

Identification

Expected

Completion Date

Outstanding Value,

(INR)

Key Personnel

Involvement

10.1

10.2

10.2

10.4

10.5

10.6

11 Litigation & Arbitration History

Please provide the following information upon each litigation and arbitration in which

you were a party in the years 2004 to 2006 inclusive; in descending order of combined

amount in dispute:

Claimant or

Respondent?

Claim

Amount

Counterclaim

Amount

Arbitration

or Litigation?

Date

Commenced

Date

Concluded

11.1

11.2

11.3

11.4

11.5

11.6

11.7

11.8

11.9

11.10 Remainder

as Claimant

11.11 Remainder

as Respondent


12 Assumptions, Exceptions and Deviations in the proposed tender

12.1 Identify here any provision(s) of the attached documents proposing your assumptions,

exceptions and deviations to tender:

12.2 Identify here any provision(s) of the attached document which materially increases

your price:

13 Authorized Representative Certificate

After carefully studying the Invitation to Tender, the intended form of Agreement and

their attachments, all necessary enquiry, and obtaining all necessary corporate

authorities, I hereby:

13.1 certify that the information in and attached to this Qualification Questionnaire

(including any Joint Ventures’ information) is in all respects complete and correct

13.2

confirm that we are willing and able to tender, negotiate, execute and perform the

proposed Agreement, and to provide the Tender Bond, indemnity and insurances and, if

applicable, Parent Company Guarantee

13.3 undertake that, we will provide a competitive and good faith tender for the whole of

the proposed Agreement

Full Name

Signature Position

Company

Date



ANNEXURE D

TEMPLATE AGREEMENT FOR EXECUTION OF WORKS

This AGREEMENT FOR EXECUTION OF WORKS (this “Agreement”) is executed on this

_________________, (the “Effective Date”) by and between:

BANGALORE INTERNATIONAL AIRPORT LIMITED, a Company incorporated under the

Companies Act, 1956 and having its Registered Office at Administration Block, Bengaluru

International Airport, Bangalore 560 300, India (hereinafter referred to as ‘BIAL’ or

“Employer”, which expression shall, unless repugnant to the context or meaning thereof,

be deemed to mean and include its successors-in-interest and assigns) of the First Part;

AND

_________________, having its Registered Office at ___________________, represented

herein by its ___________________ (hereinafter referred to as the “Contractor”, which

expression shall mean and include, unless it be repugnant to the context or meaning

thereof, be deemed to mean and include its successors-in-interest and permitted assigns)

of the Second Part.

BIAL and the Contractor are hereinafter referred to individually as a ‘Party’ and

collectively as the ‘Parties’, as the context may require.

WHEREAS

A. Pursuant to the Concession Agreement entered into between BIAL and the

Government of India, BIAL has been granted the exclusive right and privilege to

carry out the development, construction, commissioning, maintenance, operation

and management of the Airport (defined later), in accordance with the terms

contained therein.

B. BIAL has begun the process of modernizing and developing the Airport to make it

an airport on par with the highest international standards (“Project”). The plan

envisages complete refurbishment and enhancement of existing facilities at the

Airport and construction of related infrastructure as also building new airport

facilities and provision of related infrastructure.

C. The Contractor is engaged in the business of development and maintenance of

landscape works.

D. In connection with the Project, BIAL was desirous of engaging a contractor for

performing development and maintenance of Landscape at VVIP Terminal - Airside

(“Works”) at the Airport. Pursuant to BIAL’s request for proposal, the Contractor

has submitted a proposal to provide the required Works. Based on subsequent


discussions and negotiations between the Parties, BIAL has expressed its desire to

engage the Contractor for executing the Works, on a non-exclusive basis and the

Contractor has agreed to provide the same, subject to the terms and conditions

set-forth in this Agreement.

NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS UNDER:

SECTION 1

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

In this Agreement, unless the context otherwise requires, the following capitalised

terms shall have the respective meanings ascribed to them below. Other terms are

defined in the context in which they appear elsewhere in the Agreement, including

the Appendices hereto.

1.1.1 "Advance Payment" means the sum set out in Schedule D.

1.1.2 “Affected Party” means a Party whose performance of its obligations under

the Agreement is prevented, hindered or delayed in whole or in part by

reason of Force Majeure, as detailed in Section 26.1 of this Agreement.

1.1.3 “Airport” means the international airport constructed, operated and to be

expanded by BIAL at Devanahalli, near Bangalore in the State of Karnataka

and includes all its buildings, equipment, facilities, systems and the existing

T1 and further airport developments.

1.1.4 “Applicable Laws” means, all laws, promulgated or brought into force and

effect by the Government of India (GoI) or the Government of Karnataka

(GoK), including the regulations and the rules made thereunder, and

judgments, decrees, injunctions, writs and Orders of any Court of record, as

may be in force and effect, during the subsistence of this Agreement.

1.1.5 “Applicable Permits” means, all clearances, permits, authorizations, no

objection certificates, consents and approvals required to be obtained or

maintained under the Applicable Laws, in connection with the design,

engineering, financing, procurement, construction, operation and

maintenance of the Works during the subsistence of this Agreement.

1.1.6 “BCAS” means the Bureau of Civil Aviation Security.

1.1.7 “BIAL’s Representative” means, the person, company or firm appointed by

BIAL to act as its representative for the purposes of this Agreement, or such


other person appointed from time to time, by BIAL and notified as such to

the Contractor.

1.1.8 “Commencement Date” means the date on which the Contractor

commences execution of the Works under this Agreement being……………..

1.1.9 “Completion Certificate” means the certificate to be issued by BIAL to the

Contractor in accordance with Section 12.5.1 of this Agreement.

1.1.10 “Completion Date” shall mean, the date on which, the Works are fully

executed and completed to the utmost satisfaction of BIAL, which is

specified in the Completion Certificate.

1.1.11 “Confidential Information” means any and all technical, financial,

operational, business or other information or data, manuals, drawings,

books, records, agreements entered into by BIAL with third parties

photographs and documents, whether in hard copy or electronic form, that

is disclosed orally, in writing, in machine readable form, electronically, by

visual presentation, by delivery of items, by permitting access to such

information or sites or otherwise, by or on behalf of BIAL to the Contractor.

1.1.12 “Contract Price” shall have the meaning ascribed to such term in Section

3.1 of this Agreement.

1.1.13 “Contractor’s Equipment” means, all appliances and things of whatsoever

nature (other than non-movable materials, forming part of the Temporary

Works (defined later)), required for the execution of the Works, but does

not include the materials or other things intended to form or forming part

of the Permanent Works (defined later).

1.1.14 “Contractor's Personnel” means, the Contractor's Representative (defined

later) and all personnel, whom the Contractor utilizes on the Site (defined

later), who may include the staff, labour and other employees of the

Contractor and of each subcontractor; and any other personnel assisting the

Contractor in the execution of the Works.

1.1.15 “Contractor’s Representative” means, the person appointed by the

Contractor to act as its representative for the purposes of this Agreement,

or such other person appointed from time to time, by the Contractor and

notified as such to BIAL.

1.1.16 “DGCA” means the Directorate General of the Civil Aviation, Government of

India or any successor entity.


1.1.17 “Defects” or “Deficiencies” means any one or a combination of the

following, or items of a similar nature:

a) when used with respect to the performance of any labour or service or

execution of Work (including those provided by a lower tier

subcontractors or suppliers), such items that are not provided in a highly

professional and workman like manner, and with due care and skill,

consistent with the standards of quality and performance set forth in

the Agreement and as per the Specifications and project schedules set

forth herein;

b) when used with respect to structures, materials, equipment, software,

system, product, Works or any parts thereof (including those provided

by a Subcontractor), such items that are not (i) new and of good quality

and free from improper workmanship and defects in accordance with

the standards set forth herein and the highest standards of procurement

and manufacturing, or (ii) free from errors and omissions in engineering

services in light of such standards; or (iii) in compliance with the

Specifications and Service Levels; and

c) in general (including work and items provided by a Subcontractor), (i)

Work that does not conform to the Specifications and/or requirements

of the Agreement, (ii) Work that is not free from excessive corrosion or

erosion or (iii) any engineering, start-up activities, materials,

Equipment, Software, tools, supplies, commissioning, optimization or

training that (a) does not conform to the standards and/or

Specifications set forth herein, (b) has improper or inferior workmanship

or (c) would adversely affect the ability of the Works to meet the

Specifications on a consistent and reliable basis;

and “Defective” and “Deficient” shall be construed accordingly.

1.1.18 “Defects List” shall have the meaning ascribed to such term, in Section 12

of this Agreement.

1.1.19 ‘Drawings’ means, all of the drawings, designs, calculations and documents

listed in Schedule A required to be followed by the Contractor for executing

its obligations under this Agreement.

1.1.20 ‘Encumbrances’ means, any physical encumbrance and encroachment, and

other encumbrances such as, mortgage, charge, pledge, lien,

hypothecation, security interest, assignment, privilege or priority of any

kind, having the effect of security or other such obligations pertaining to

the design and execution of the Works.


1.1.21 “Force Majeure” means any event or circumstance or combination thereof,

which satisfies all of the following (i) materially and adversely affects the

performance of an obligation by a party; (ii) are beyond the reasonable

control of the Affected Party, provided that delays and failures attributable

to the Contractor and its subcontractors and lower tier suppliers shall be

deemed to be delays and failures within the control of Contractor; (iii) are

such that the Affected party could not have prevented or reasonably

overcome with the exercise of reasonable skill, care and diligence; and

(iv) do not result from the negligence, misconduct, breach or default on

part of the Affected Party. Force Majeure includes the following conditions

provided they satisfy the foregoing conditions: war (whether declared or

undeclared), act of sabotage, revolution, act of terrorism, explosions,

radioactive or chemical contamination, nationwide strikes or lockouts, fire,

floods, earthquake, tidal wave, cyclones, tornado, epidemics, aircraft

accidents or breakdowns within the Airport. However, force majeure

conditions shall not include rain related delays.

1.1.22 “Liquidated Damages” means the amount to be paid or allowed by the

Contractor to BIAL as compensation or damages for delay pursuant to

Section 14.

1.1.23 “Maintenance” means, the maintenance, performance and upkeep of the

Works during the Term (defined later), and includes, but, is not limited to

functions of maintenance and performance of other services incidental

thereto.

1.1.24 “Maintenance Period” shall have the meaning ascribed to such term in

Section 12 of this Agreement.

1.1.25 ‘O&M’ means, the operation and maintenance of the Works during the Term

(defined later), and includes, but, is not limited to functions of

maintenance and performance of other services incidental thereto.

1.1.26 “Performance Security” means the performance guarantee and such other

security, if any, to be furnished by the Contractor under the terms of the

Agreement.

1.1.27 “Permanent Works” means, the permanent works to be executed

(including without limitation, all permanent structures and all work

intended to form a continuing function after completion, and any other

work contractually required to be left in situ) in accordance with this

Agreement.


1.1.28 “Project” means the designing and expanding of the Airport which includes

T1, being undertaken by BIAL in order to increase the passenger capacity of

the Airport.

1.1.29 “Provisional Completion Certificate” shall have the meaning ascribed to

such term, in Section 12.4.1 of this Agreement.

1.1.30 “Relevant Authority” includes the GoI, Airports Authority of India (AAI),

DGCA, BCAS, Department of Customs Chief Electrical Inspector to the

Government, the Ministry of Finance or any other subdivision or

instrumentality thereof, GoK, any local authority, or any authority

empowered by the Applicable Laws and any central or state government or

governmental department, commission, board, body, bureau, agency,

authority or any companies owned by GoI and/or GoK, any instrumentality,

court or other regulatory, judicial or administrative body having jurisdiction

over the Parties, the Airport, the Works and facilities or any portion

thereof, or the performance of all or any of the service or obligations of the

Parties.

1.1.31 “Retention Money” shall have the meaning ascribed to such term in Section

15 of this Agreement.

1.1.32 “Site” means the lands and other places on, under, in or through which the

Works are to be executed or carried out, indicated and provided by BIAL for

the purposes of this Agreement together with such other places as may be

specifically designated in this Agreement as forming part of the site.

1.1.33 “Specification/s” means the technical specification annexed to this

Agreement and includes Indian or British or other approved standard

specifications where required by the specification to be followed, as more

specifically defined in Schedule C hereto.

1.1.34 “Subcontract” means a subcontract awarded to a subcontractor by the

Contractor.

1.1.35 “Subcontractor” means any subcontractor to whom a part of the Works has

been subcontracted or to whom the supply of any good or materials or

labour and services for the Works has been subcontracted.

1.1.36 ‘Taxes’ shall mean, any and all taxes (including service tax), levies,

imposts, duties, tariffs, charges, deductions, cess (including the building

and other construction workers’ welfare cess), surcharge or withholdings

that are, or that are to be, imposed, levied, collected, withheld or assessed


by either GoI or GoK, together with any and all interests, penalties, claims

or other liabilities arising under or relating thereto, including any applicable

stamp duty and registration charges.

1.1.37 “Temporary Works” means, all works required in or for the execution of

the Works other than Permanent Works.

1.1.38 ‘Term’ shall have the meaning ascribed to such term in Section 23 of this

Agreement.

1.1.39 “Time Schedule” means, the progressive project milestones set-forth in

Schedule B hereto, for the execution of the Works, complete in all respects

by the Completion Date.

1.1.40 “Works” shall mean, the activities to be carried-out and the works to be

completed by the Contractor with regard to:

i) To development of Landscape at VVIP terminal - Airside;

and

ii) Maintenance of the developed landscape as mentioned Cl.1.1.40 (i)

and Cl.1.1.40 (ii) and as elaborated in Cl.12 and Schedule C herein.

in accordance with this Agreement and includes materials, apparatus,

equipment, plant, fittings and things of all kinds to be provided and work to

be done by the Contractor under this Agreement and shall mean, either the

Temporary Works or Permanent Works, as more specifically defined in

Schedule C hereto.

2. Interpretation

i) Any reference to a statutory provision, shall include, such provision, as is, from

time to time, modified or re-enacted or consolidated, so-far–as, such modification

or re-enactment or consolidation applies or is capable of applying, to any

transaction entered into hereunder, and whether before or after the date of this

Agreement, and to all statutory instruments, orders and regulations for the time

being made pursuant to it or deriving validity from it.

ii) References to the Applicable Laws shall include, the laws, Acts, ordinances, rules,

regulations, notifications, guidelines or byelaws, which have the force of law, and

which are framed by GoI or GoK, and which are in force at the date of signing this

Agreement, or are reasonably foreseeable, as likely to have the force of law during

the currency of this Agreement.


iii) The words importing singular shall include, plural and vice versa, and words

denoting natural persons shall include partnerships, firms, companies,

corporations, joint ventures, trusts, associations, organisations or other entities

(whether or not having a separate legal entity).

iv) The headings are for convenience of reference only, and shall not be used in, and

shall not affect, the construction or interpretation of this Agreement.

v) The words beginning with capital letters and defined in this Agreement shall have

the meaning ascribed to it herein, and the terms and words defined in the

Schedules and elsewhere in the Agreement, shall have the meaning ascribed

thereto.

vi) The words ‘include’ and ‘including’ are to be construed without limitation.

vii) Reference to ‘construction’ include, unless the context otherwise requires,

investigation, engineering, procurement, delivery, transportation, installation,

processing, fabrication, testing, commissioning and other activities incidental to

the construction.

viii) Any reference to any period of time shall mean, a reference to that according to

Indian Standard Time.

ix) Any reference to a day shall mean, a reference to a calendar day.

x) Any reference to a month shall mean, a reference to a calendar month.

xi) The Schedules to this Agreement form an integral part of this Agreement, and will

be in full force and effect, as though, they were expressly set-out in the body of

this Agreement. Terms defined in the Schedules shall have the same meaning

throughout this Agreement.

xii) Any reference at any time to any agreement, deed, instrument, license or

document of any description, shall be construed as reference to that agreement,

deed, instrument, license or other document as amended, varied, supplemented,

modified or suspended at the time of such reference.

xiii) References to Recitals, Section, Sub-Clauses, Paragraphs or Schedules in this

Agreement shall, except where, the context otherwise requires, be deemed to be

references to Recitals, Sections, Sub-Clauses, Paragraphs and Schedules of or to

this Agreement.


xiv) The words ‘written’ and “in writing” includes, a facsimile transmission and any

means of reproducing works in a tangible and permanently visible form, with

confirmation of transmission.

xv) Any reference in this Agreement to any statute or statutory provision, shall be

construed as including, a reference to that statute or statutory provision, as from

time to time, amended, modified, extended or re-enacted, whether before or

after the date of this Agreement, and to all statutory instruments, Orders and

regulations for the time being made, pursuant to it or deriving validity from it.

xvi) In case of any ambiguity or discrepancy between the Sections and the Schedules,

the Sections shall prevail.

3. SCOPE

3.1 The Contractor shall complete the construction of the Works in strict

compliance with the scope of Works and Specifications stipulated in this

Agreement and in accordance with terms and conditions of this Agreement

and the terms, timelines, Drawings, specifications, etc., contained in the

Schedule C and B.

3.2 The Contractor undertakes to discharge its obligations under this Agreement

at its own cost and risk.

3.3 The Contractor shall comply with all instructions and directions given by

BIAL from time to time, with respect to the execution of the Works.

3.4 The Contractor shall make its own arrangements for obtaining the airside

entry permits to its workmen, and shall strictly adhere to the safety

guidelines / operational area limitations as set-out in Schedule E.

3.5 The Works comprise:

3.5.1 Those of the Works and Specifications and the deliverables set forth

in Schedule C, and obtaining the approval thereto of BIAL and all

statutory authorities having jurisdiction there over;

3.5.2 all additions, omissions and variations thereto instructed by BIAL

directly to the Contractor and confirmed in writing by BIAL;

3.5.3 Complying with the Interfacing work requirements stipulated in the

Agreement, and participating in BIAL’s coordination activities, as

they relate to the Works; “Interfaces” and “Interfacing” means


without limitation any and all physical, functional and/or aesthetic /

visual interfaces and/or interdependencies; and

3.5.4 Complying with all of the Interfacing obligations involving any or all

of the Works.

4 CONTRACT PRICE

4.1 BIAL shall, for the execution of the Works by the Contractor in a professional and

efficient manner and as per the terms and conditions stipulated in the Agreement

and provision of the deliverables as per the time schedule stipulated in Schedule

B, pay to the Contractor such sums as is detailed in Schedule D (hereinafter

referred to as the “Contract Price”). The Contract Price stipulated under this

Agreement shall be inclusive of all costs and expenses incurred by the Contractor

for the execution of the Works, taxes, spare parts costs and incidental expenses.

The Contractor shall be deemed to have satisfied itself, before entering into this

Agreement, as to the correctness and sufficiency of the Contract Price to cover all

its obligations under and in relation to this Agreement and all matters and things

necessary for the proper execution of the Works, whether the same is expressly

provided for in this Agreement, or is to be reasonably inferred therefrom, or

necessarily incidental thereto. The Contract Price is an item rate contract price,

and will be adjusted save, as expressly provided in Section 3 here and Schedule B

below. The Contractor shall not be entitled for separate reimbursement for any

costs and expenses, unless expressly provided otherwise in the Agreement.

4.2 The Parties agree that the fee payable for Maintenance (“Maintenance Fee”) as

specified in Schedule D is based on yearly rates and such Maintenance Fee for a

particular year shall be divided equally into twelve months and converted as

monthly payments payable to the Contractor. The Maintenance Fee is exclusive of

service tax. Such monthly payments towards the Maintenance Fee will be made by

BIAL within thirty (30) days after the end of each calendar month, subject to the

Contractor submitting a valid invoice to BIAL with all relevant details and

supporting documents, proof for completion of the Works/part of the Works as per

the time schedule and certified as such by BIAL’s Representative, proof of deposit

of Provident Fund, ESI payment proof, etc., pertaining to that month on the first

(1st) day of the next month. However, BIAL is entitled to deduct or withhold

payments for any discrepancy in the invoice and / or in the supporting documents.

It is specifically agreed that this Maintenance Fee payable to the Contractor; is

subject to deduction of applicable tax at source.

4.3 The Parties hereto agree that, the Contract Price is inclusive of taxes & duties,

what so ever including service tax, work contract tax, excise duty, labour, tools

and plants, packing, freight/transportation, insurance, loading, unloading, fee (s)


for testing, license, inspection, documents, insurance, etc., where applicable and

includes, any and all direct, indirect and ancillary Taxes, charges and costs of

whatsoever nature, all profits, licenses, royalties and other fees, the cost of all

spare parts, accessories, consumable materials and special tools to be provided

hereunder, and export insurance premiums, export licence fees, re-export licence

fees and other charges relating to, or arising out of this Agreement, and execution

of the Works, and, in each case, all deductions and withholdings therefor. Any

refund or benefit that the Contractor gets after payment of the applicable Taxes,

shall be refunded to BIAL, failing which, BIAL shall have the right to make the

appropriate deductions from any payment due and payable to the Contractor by

BIAL, in addition to other recovery modes that may be available to BIAL, either

under law or contract. This right of BIAL to claim such reimbursements shall

survive the termination or expiry of this Agreement.

4.4 BIAL may withhold or deduct, from the payment of any amount, otherwise payable

to the Contractor under this Agreement, and pay on the Contractor’s behalf, such

Taxes and other sums, if any, as BIAL may be required to withhold or deduct as

provided under the Applicable Law.

4.5 In the event that, the Contractor fails to make payment of any Tax required to be

made by it, BIAL shall make such payment and recover the same by making a claim

for indemnity under the provisions of this Agreement.

4.6 Without prejudice to any other provision of this Agreement, where, in respect of

any Tax, the benefit of any credit is available to the Contractor, BIAL or any other

person, the Contractor shall ensure sufficient compliance with the Applicable Laws

in relation to such Tax requirements, as would enable BIAL or other person, as the

case may be, to avail of such credit to the fullest extent possible, including, where

possible, reimbursing the same to BIAL. In the event of change in law at any time,

during the Term of this Agreement with regard to payment of service tax or / and

Value Added Tax (‘VAT’), as a result of which, there is an increase or decrease in

the Contract Price, the same shall be made good or recovered by BIAL, to or from

the Contractor, as the case may be, on submission of sufficient proof for the same,

by the Contractor or BIAL, as the case may be. However, if any dispute arises

between BIAL and the Contractor with regard to either the interpretation regarding

change in law or calculation of amounts to be paid as service tax or / and VAT on

account of change in law, the interpretation of the auditors / counsels of BIAL shall

be final and binding on the Contractor.

4.7 Payment Terms

The Contract Price payable under this Agreement by BIAL to the Contractor shall

be paid as per Schedule D. BIAL will make payments of undisputed amounts, within


thirty (30) days from the date of receipt of valid invoices from the Contractor, as

per the payment schedule detailed in Schedule D of this Agreement.

4.8 BIAL shall not give any concessional forms/certificates/permits towards any taxes,

duties & other levies like sales tax, customs duty, road taxes/permits, etc. Prices

shall be firm throughout the duration of the Agreement and shall not be increased

on any grounds. However, any new statutory taxes/duty imposed after the

execution of Agreement and during the currency of the Agreement will be

reimbursed to the Contractor on producing of required proof.

4.9 Invoicing

The Contractor’s invoices for payment shall be prepared in the form stipulated by

BIAL. Each invoice shall be accompanied by such supporting documentation and

evidence as would enable BIAL to assess the work performed and which

demonstrates to the reasonable satisfaction of BIAL that all the relevant

performance provisions of this Agreement have been met. BIAL may, from time to

time, stipulate requirements in this regard. The Contractor shall provide such

clarifications, as BIAL may require, to enable such assessment.

4.10 Withholding and deductions of payments

4.10.1 Withholding payments

BIAL may withhold payment to the extent that it reasonably believes that the

Contractor is in breach of its obligations in accordance with this Agreement and

shall give the Contractor fifteen (15) days’ notice to remedy the deficiency. BIAL

will pay all undisputed amounts in accordance with this Agreement. Once the

Contractor has cured the deficiency, BIAL will pay the Contractor the amounts

withheld. For the avoidance of doubt, it is clarified that such withheld amount

shall not incur any interest.

4.10.2 Deductions

BIAL may deduct from the fee payable amounts on account of claims of penalty,

costs or claims, loss and/or damages directly incurred by BIAL (“Direct Damages”)

that arise from the negligence of the Contractor. If the breach is such that the

same can be remedied, the provisions of Section 3.10.1 will apply. In case the

Contractor fails to remedy the breach, as provided in Section 3.10.1 above, BIAL

has the discretion, without further notice, to deduct such amounts from the fee

and this right is in addition to any other rights available to BIAL under this

Agreement.

4.11 No payments of invoices or portions thereof shall at any time constitute any

approval or acceptance of the whole or any part of the Works under this


Agreement, nor be considered to be a waiver by BIAL of any of the terms of this

Agreement.

4.12 The Advance Payment stipulated in Schedule D, shall be paid against submission of

an advance bank guarantee (ABG) for such amount from a scheduled commercial

bank by the Contractor. The bank guarantee shall be as per the format attached

herewith as Schedule F.

4.13 The Contractor agrees and acknowledges that following the payment by the

Employer of the Advance Payment, the Employer may deduct an amount on pro

rata basis from each Request for Payment until the total deductions made from

time to time are equal to the total Advance Payment. Provided that the Advance

Payment shall be fully and completely recovered on or before the payment of 80%

of the Contract Sum is made to the Contractor. Without prejudice to any other

obligations contained in this Agreement, the Contractor shall ensure that the

progression of Execution of the Works is carried out in such manner to attain the

foregoing objective. Provided further that, if the Employer is unable to deduct an

amount equal to the Advance Payment, the Employer at its discretion shall be

entitled to demand the repayment of the whole of the remaining balance of the

Advance Payment or to deduct so much of the outstanding amount thereof from

amounts due and payable to the Contractor until the whole of the Advance

Payment is repaid.

4.14 The Contractor shall maintain the Advance Payment Guarantee so that they shall

remain in full force and effect until the expiry of 28 (twenty-eight) days from the

date upon which the full amount of the Advance Payment shall have been repaid

after which no claim shall be made against the said guarantees. The cost of

obtaining each Advance Payment Guarantee shall be at the expense of the

Contractor and shall be included in the Contract Sum

5 PERFORMANCE SECURITY

5.1 The Contractor shall furnish two different Performance Bank Guarantees (‘PBG’) to

the extent of ten percent (10%) of the Contract Price separately, one each for the

landscape at VVIP Terminal - Airside Works, not later than seven (7) days from the

Effective Date. If respective PBG are not submitted within the stipulated period,

interest at the rate of twelve percent (12%) per annum shall be charged till the

date of submission of PBG, and the amount @ ten percent (10%) of the gross

amount of each running bill would be withheld, till the total amount is recovered,

against PBG. If the Contractor fails to extend the validity of PBG, the same can be

realized / encashed by BIAL. PBG shall be issued by a bank pre-approved by BIAL,

and shall be in the form attached as Schedule F to this Agreement. The Contractor

shall keep the PBG in force till two (2) months after the expiry of the respective

Works, by extending the same from time to time, whether or not the Contractor


receives a reminder for the same from BIAL, failing which BIAL, without any

limitation and without prior notice, shall have the right to realize PBG.

5.2 BIAL shall be entitled to make a claim under PBG, in the event of:

5.2.1 a failure by the Contractor to extend the validity of the Performance

Security as described in the preceding paragraph, in which event BIAL may

claim the full amount of the Performance Security;

5.2.2 a failure by the Contractor to pay BIAL an amount due, in accordance with

this Agreement within thirty (30) days of the due date;

5.2.3 a failure by the Contractor to remedy a default within thirty (30) days after

receiving BIAL's notice requiring the default to be remedied; or

5.2.4 circumstances, which entitle BIAL to termination under Section 24.1

(Termination by BIAL), irrespective of whether notice of termination has

been given.

5.3 BIAL shall return the Performance Security to the Contractor within two (2) months

after the expiry of the Term. The right of BIAL to encash the PBG as stipulated in

this Section 4, is without prejudice to any other rights available to BIAL under this

Agreement.

6 COMPLIANCE WITH LAWS

The Contractor shall, in performing this Agreement, comply with the Applicable

Laws. With regard to such performance, the Contractor shall obtain all Applicable

Permits, licences and approvals required by it, to perform its obligations under this

Agreement. Where necessary, BIAL shall assist the Contractor in obtaining any

Applicable Permit, license and approval required by the Contractor to perform its

obligations under this Agreement.

7 RIGHT OF USE OF SITE

7.1 BIAL shall hand over to the Contractor permissive possession of the Site for

execution of the Works. The Contractor shall have the right to enter upon, occupy

and use the Site only for the purpose of execution of the Works, subject to:

7.1.1 Any right of public passage or access, existing over any part of the Site from

time to time;

7.1.2 The rights and obligations of the persons or the authority under any

Applicable Law and pursuant to any Applicable Permit;

7.1.3 The right of the users to use the Site, or of the public to use any other road

or highway; and


7.1.4 The rights of access for BIAL, authorised representatives of GoI, GoK, BIAL’s

lenders’ representative, and any Relevant Authority having jurisdiction over

the Site, including those concerned with safety, security or environmental

protection, to inspect the Project, and to investigate any matter, within

their authority, and upon reasonable notice. The Contractor shall provide to

such persons, assistance reasonably required to carry-out their respective

duties and functions.

7.2 The Contractor shall not part with, or create any Encumbrance, on the whole or

any part of the Site.

7.3 The Contractor shall not, without the prior written consent or approval of BIAL,

and BIAL’s Representative, use the Site for any purpose other than for the purpose

of execution of the Works and the implementation of the Works.

7.4 The Contractor shall be deemed to have satisfied itself about the condition of,

location and access to the Site and shall not be entitled to make any claims for

increase in Contract Price or extension of time due to any conditions or fault at the

Site, which the Contractor discovers during execution of the Works. If and to the

extent that an experienced contractor exercising due care would have discovered

the error, fault or other defect when examining the Site and BIAL’s conceptual

design before submitting the detailed design, the time for completion shall not be

extended and the Contract Price shall not be adjusted.

7.5 Any materials or T & P, etc., found lying outside the sites approved by BIAL shall

be removed by BIAL at the risk and cost of the Contractor. With regard to

construction safety measures the contractor shall adhere to various Indian Standard

Codes of Practice, requirements of Provincial Government and local Municipal

Authority wherever the provisions of the latter two agencies shall be more

stringent than the provisions of the former. When these codes do not exist, the

contractor shall adhere to such safety measures as directed by BIAL.

7.6 The Contractor shall, during construction, provide barricades at its own cost as per

Specifications prescribed by BIAL to segregate the working area to ensure safety of

all concerned. The type of barricade is of fencing with proper support or as

approved by BIAL.

8 ENGAGEMENT OF LABOUR

8.1 The Contractor shall make arrangements for the engagement of all staff and

labour, local or otherwise, and for their payment, housing, feeding and transport.


8.2 The Contractor shall pay rates of wages and observe conditions of labour, which

are not lower than those established for the trade or industry, where the Work is

carried out. lf no established rates or conditions are applicable, the Contractor

shall pay rates of wages and observe conditions, which are not lower than the

general level of wages and conditions observed locally by other contractors, whose

trade or industry is similar to that of the Contractor.

8.3 Neither Party shall, without the consent of the other Party, recruit or attempt to

recruit staff and labour from the other.

8.4 The Contractor shall comply, and shall require its subcontractors to comply, with

all the relevant labour laws applicable to the Contractor and the Contractor's

Personnel, including the Applicable Laws relating to their employment, timely

payment of wages and allowances, payment of minimum wages, payment of

overtime, grant of leave, payment of workmen's compensation, working hours,

safety, maternity benefits, holidays, framing of standing orders, disciplinary action

against employees, payment of provident fund contributions, payment of gratuities

and payment of bonuses, health, safety, welfare, immigration and emigration, and

shall allow them all their legal rights. The Contractor shall require its employees to

obey all the Applicable Laws, including those concerning safety at work.

8.5 Subject to the Applicable Laws, the Contractor may carry-out the Works on all days

and at all times, including recognised days of rest and at night, as the Contractor

deems fit. If contributory work or supervision services by BIAL on or at such days

and times are required, they shall be provided by BIAL free-of-charge, unless

otherwise, agreed to by the Parties in writing. BIAL shall provide such assistance as

the Contractor shall reasonably require, when the Contractor applies for permits

for overtime, night-work, shift-work and work on public holidays and days of rest.

8.6 The Contractor shall provide and maintain all necessary accommodation and

welfare facilities for the Contractor's Personnel. The Contractor shall not permit its

personnel to set-up living quarters / facilities, anywhere within the Airport

premises.

8.7 The Contractor shall at all times, take all reasonable precautions to maintain the

health and safety of the Contractor's Personnel. In collaboration with local health

authorities, the Contractor shall ensure that, medical staff, first-aid facilities, sick

bays and ambulance services are available at all times at the Site and at any

accommodation for the Contractor's and BIAL's Personnel, and that, suitable

arrangements are made for all necessary welfare and hygiene requirements, and

for the prevention of epidemics.


8.8 The Contractor shall appoint a safety officer at the Site, responsible for

maintaining safety and protection against accidents. This person shall be qualified

for this responsibility, and shall have the authority to issue instructions and take

protective measures to prevent accidents. Throughout the execution of the Works,

the Contractor shall provide, whatever is required by this person to exercise this

responsibility and authority. The Contractor shall send to BIAL details of any

accident, as soon as practicable after its occurrence. The Contractor shall maintain

records and make reports concerning health, safety and welfare of persons, and

damage to property, as BIAL may reasonably require.

8.9 Throughout the execution of the Works, and as long thereafter, as is necessary to

fulfil the Contractor's obligations, the Contractor shall provide all necessary

superintendence to plan, arrange, direct, manage, inspect and test the Work.

8.10 The Contractor's Personnel shall be appropriately qualified, skilled and experienced

in their respective trades or occupations. Key managers, site engineers /

engineers, etc., of the Contractor with appropriate skill and experience necessary

for the purpose of executing the Works, shall be appointed. Any change by the

Contractor in the key personnel for the purpose of executing the Works, shall be

done only after obtaining the prior written consent of BIAL. BIAL may require the

Contractor to remove (or cause to be removed) any person employed on the Site,

or in the preparation of the Works, including the Contractor's Representative, if

applicable, who:

8.10.1 persists in any misconduct, or lack of care;

8.10.2 carries-out duties incompetently or negligently;

8.10.3 fails to conform with any provision of this Agreement; or

8.10.4 persists in any conduct, which is prejudicial to the safety, health or the

protection of the environment;

provided, the person's misdemeanour is such that, BIAL cannot reasonably be

expected to tolerate the person's further employment on the Site, or in the

preparation of the Works. lf appropriate or if required by BIAL, the Contractor shall

then appoint (or cause to be appointed) a suitable replacement person.

8.11 The Contractor shall submit, to BIAL, details showing the number of each class of

the Contractor's key personnel, and of each type of the Contractor's major

equipment on the Site. Details shall be submitted each calendar month, in a form

approved by BIAL, until the Contractor has completed all work, which is known to

be outstanding at the completion date stated in the Provisional Completion

Certificate, for the final section comprised in the Works.


8.12 The Contractor shall at all times, take all reasonable precautions to prevent any

unlawful, riotous or disorderly conduct by or amongst the Contractor's Personnel,

and to preserve peace and protection of the persons and the property on the Site,

or related to the preparation of the Works. The Contractor shall immediately

remove and replace from the Works, any of the Contractor’s Personnel, who

engage in unlawful, riotous or disorderly conduct.

8.13 On or before the date of issue of the Provisional Completion Certificate by BIAL in

accordance the terms of this Agreement, the Contractor shall deliver to BIAL a

statement stating that the labour that has been employed by the Contractor in

carrying out the Works, including the labour employed by Subcontractor, lower tier

subcontractors, have received all wages, salaries and emoluments due to them in

connection with such employment and that all dues under any Applicable Laws

have been paid.

8.14 Without prejudice to any other clause of the Agreement, the Contractor shall at all

times save harmless and indemnify BIAL from and against all claims, liabilities,

expenses, costs and losses suffered or incurred by the Contractor which may arise

out of or in connection with the employment of any labour for the Execution of the

Works.

8.15 The Contractor shall provide a valid Provident Fund registration number, and

evidence of the same shall be enclosed.

8.16 The Contractor shall comply with all the statutory compliance as described in

Schedule G.

9 SUB-CONTRACTING OF WORKS

9.1 The Contractor shall not subcontract any portion of the Works, without the prior

written consent of BIAL.

9.2 The Contractor shall be responsible for the acts or defaults of any subcontractor,

his agents or employees, as if, they were the acts or defaults of the Contractor.

The Contractor shall inform BIAL in advance (and in writing) of the intended

appointment of the subcontractor, with particulars and his relevant experience.

10 CONTRACTOR’S SUPERVISION OF WORKS

10.1 The Contractor shall appoint the Contractor's Representative, and shall give him all

authority necessary to act on the Contractor's behalf, under this Agreement.


10.2 Unless the Contractor's Representative is named in this Agreement, the Contractor

shall, prior to the Effective Date, submit to BIAL for consent, the name and

particulars of the person, the Contractor proposes to appoint as the Contractor's

Representative. If the consent is withheld or subsequently revoked, or if the

appointed person fails to act as the Contractor's Representative, the Contractor

shall similarly submit the name and particulars of another suitable person for such

appointment.

10.3 The Contractor's Representative shall, on behalf of the Contractor, receive

instructions for undertaking its obligations under this Agreement.

10.4 The Contractor shall supplement its staff with whatever additional supervisory

personnel are required to ensure that, the Works shall be completed by the

Completion Date set forth in Schedule B.

10.5 The Contractor shall be responsible for:

10.5.1 the accurate setting-out of the Works and the correctness of the position,

levels, dimensions and alignment of all parts of the Works; and

10.5.2 the provision of all necessary instruments, appliances and labour in

connection with the foregoing responsibilities.

10.6 If, at any time, during the execution of the Works, any error appears in the

positions, levels, dimensions or alignments of any part of the Works, the

Contractor, on being required so to do, by BIAL’s Representative, shall, at its own

cost, and with no entitlement to any extension of time, rectify such error to the

satisfaction of BIAL’s Representative.

10.7 The checking of any setting-out, or of any line, or level by BIAL’s Representative,

shall not, in any way, relieve the Contractor, of its responsibility for the accuracy

thereof, and the Contractor shall carefully protect and preserve all bench-marks,

sight-rails, pegs and other things / materials used in setting-out the Works.

11 PROTECTION OF WORKS AND MATERIALS

11.1 The Contractor shall take full responsibility for the care of the Works from the

Effective Date until the Completion Certificate is issued, when responsibility for

the care of the Works shall pass to BIAL.

11.2 After responsibility has accordingly passed to BIAL, the Contractor shall take

responsibility for the care of any Work, which is outstanding on the date stated in

the Completion Certificate, until this outstanding Work has been completed.


11.3 If any loss or damage happens to the Works during the period when the Contractor

is responsible for its care, except, as may be specified in this Agreement, or

mutually agreed beforehand, the Contractor shall rectify the loss or damage at the

Contractor's risk and cost, so that, the Works conform to the requirements

specified under this Agreement.

11.4 All transport and handling charges, storage charges, charges for watch and ward

for Contractor's own materials, or materials issued by BIAL to the Contractor, if

any, are included in the Contract Price and no claims on account of such charges

shall be entertained by BIAL.

11.5 The Contractor shall obtain and maintain adequate insurance policies for the

Works. The Contractor shall prove to BIAL, from time to time, that, it has taken-

out all the insurance policies referred to in this Agreement, and has paid the

necessary premiums for keeping the policies alive, till the expiry of the

Maintenance Period.

11.6 All materials are in the scope of Contractor.

12 COMPLETION AND PROGRESS OF WORKS

12.1 The Works shall be completed by the Completion Date, as per the agreed program

schedule. If there is any delay in completion of the Works, for any reason other

than the conditions constituting Force Majeure, the Contractor shall pay to BIAL,

Liquidated Damages as specified in Section 14. In case of reasons of delay due to

Force Majeure, suitable extension of time only will be granted, without payment of

any compensation.

12.2 BIAL shall release the Site to the Contractor in a phased manner as per the agreed

schedule. In case of any delay in handing over of work front, the Contractor shall

level its resources accordingly and shall not be entitled to any claim for idling of

resources and any other extra cost. However, suitable extension of time may be

provided by BIAL pursuant to Section 13.

12.3 The Works shall be regarded as complete, when they have reached the stage that

the conditions set-out at Section 12 (Maintenance Period) have been fully satisfied

and all the obligations of the Contractor under this Agreement have been

complied, to the satisfaction of BIAL and as certified by BIAL’s Representative.

12.4 The Contractor shall serve on BIAL and BIAL’s Representative, at least two (2)

weeks’ notice of the date upon which, the Contractor anticipates that completion

will be achieved.


12.5 Prior to making the request for the issue of the Provisional Completion Certificate

(whichever is the earlier), the Contractor shall submit to BIAL’s Representative the

following:

12.5.1 the Operation and Maintenance Manual for the Works (the “O&M Manual”)

setting-out in detail the standards, schedules, procedures, types,

periodicity and other details of the operation and maintenance activities to

be carried-out for the Works, during the operations period, so as to meet

the O&M requirements, in addition to details of the management

information system to be incorporated, reports to be submitted and

procedure for reviews;

12.5.2 the Operation & Maintenance Plan (the “O&M Plan”) for the first (1st) year

of operations; and

12.5.3 the Contractor shall prepare and submit, with reasonable promptness, and

in such sequence, as is consistent with the Time Schedule, three (3) copies

of all the Drawings to BIAL for review and comments, which shall be

detailed, accurately scaled and sequentially numbered, covering all

relevant engineering features, which, in relation to structures, shall also

include cross-sections in each Drawing, together with an ‘as-built’ survey

illustrating the layout of the Works/Site, and setback lines, if any, of the

buildings and structures forming part of the Works, reflecting the Works as

actually designed, engineered and constructed.

13 MAINTENANCE PERIOD

13.1 Duration

Maintenance, as detailed in Schedule C, will continue for twelve (12) months upon

the Contractor receiving the Provisional Completion Certificate from BIAL

(“Maintenance Period”); unless extended

This Provisional Completion Certificate shall be issued by BIAL to the Contractor

upon the completion of Softscape (Landscape) work as defined at Cl.12.4.1.

The Completion Certificate shall be issued to the by BIAL to the Contractor upon

the completion of all the Works as defined at Cl.12.5.1.

13.2 Plant Materials

The expense of replacement of plant materials during the Maintenance Period will

be borne by the Contractor.

13.3 Pre-Maintenance Inspection and Final Inspection


13.3.1 At the completion of the Works and prior to the beginning of the

Maintenance Period, a pre-maintenance inspection will be held. At the

completion of the Maintenance Period, a final maintenance inspection will

be held

13.3.2 The Contractor shall request these inspections of BIAL’s Representative in

writing five (5) working days prior to the completion of Work, in order that

a mutually agreeable time for inspection may be arranged.

13.3.3 BIAL’s Representative and the Contractor or its representatives, shall be

present at the inspection.

13.3.4 If all or certain portion of the Works are not acceptable under the terms

and intent of the Drawings and scope of Works and Specifications, the

Maintenance Period for the unacceptable works and any related item shall

be extended at no cost to BIAL. All rectification works will be subject to

acceptance by BIAL’s Representative.

13.4 Pre-Maintenance Inspection

13.4.1 If, after the pre-maintenance inspection, BIAL’s Representative is of the

opinion that all Works have been performed in accordance with the

Drawings, scope of Works and Specifications as stated in the Agreement and

as per authorized field adjustment, BIAL’s Representative will issue the

Contractor the Provisional Completion Certificate certifying work

completion and the beginning of Maintenance Period of twelve (12) months.

13.4.2 If, after the pre-maintenance inspection, BIAL’s Representative is of opinion

that not all Works are acceptable, a snag list (“Defects List”) will be issued

to the Contractor. Rectification works on the Defects List must be

completed within seven (7) days, unless otherwise stated, at the cost of the

Contractor and BIAL’s Representative will set the final inspection date to

verify the rectification works.

13.4.3 On the final inspection, if it is the opinion of BIAL’s Representative that the

rectification works carried out are still not acceptable, BIAL’s

Representative will issue a direction to the Contractor to rectify the

Defects. If, within seven (7) days after receipt of the written notice from

BIAL’s Representative requiring the Contractor to comply with the said

direction and if it fails to do so, BIAL may employ other contractors to give

effect to the direction. The extra cost (if any) of doing so will be deducted

from any amounts due to the Contractor. Upon completion, BIAL will issue

the Contractor the Provisional Completion Certificate certifying work

completion and the beginning of Maintenance Period of three (3) months.


13.5 Final Maintenance Inspection

13.5.1 At the end of the twelve (12) months Maintenance Period, a final

maintenance inspection shall be held. If after the final maintenance

inspection, BIAL’s Representative is of the opinion that all Works have been

performed satisfactory and in accordance with the maintenance schedule as

stated in the Agreement, BIAL will issue the Contractor, a Completion

Certificate.

13.5.2 If, after the final maintenance inspection, BIAL’s Representative is of

opinion that not all Works are acceptable, a Defects List will be issued to

the Contractor. Rectification works on the Defects List must be completed

within seven (7) days, unless otherwise stated, at the cost of the Contractor

and BIAL’s Representative will set the final inspection date to verify the

works. If the Defects List is not completed to the satisfaction of BIAL, the

Completion Certificate shall not be issued to the Contractor.

13.5.3 On the final inspection, if it is the opinion of BIAL’s Representative that the

rectification works carried out are still not acceptable, BIAL will issue a

direction to the Contractor to make good the Defects. If, within seven (7)

days after receipt of the written notice from BIAL requiring the Contractor

to comply with the said direction and it fails to do so, BIAL may employ

other contractors to give effect to the direction. The extra cost (if any) of

doing so shall be deducted from the amounts due to the Contractor. Upon

completion of such Defects List, BIAL will issue the Contractor the

Completion Certificate.

14 EXTENSION OF TIME

14.1 The Contractor shall closely monitor the progress of the Works, and shall give

written notice to BIAL, with a copy to BIAL’s Representative, as soon as it can

foresee or ought reasonably to have foreseen any delay or / and a delay to the

achievement of the Completion Date.

14.2 Any notice given pursuant to Section 13.1 shall, as precisely as possible, state the

likely period of delay to the Completion Date, and specify whether the Contractor

considers that it is, or may become entitled to an extension of time for the

completion of the Works.

14.3 Following the service of a notice pursuant to Section 13.1, the Contractor must

supply BIAL’s Representative, with such further supporting documentation and


information as BIAL’s Representative may require, so as to support its claim for

extension of time, for the completion of the Works.

14.4 In the event of any delay, the Contractor shall at all times, ensure that it uses and

continues to use all reasonable endeavours to avoid or reduce the effect of any

delay on the completion of the Works. After it has given notice under Section 13.1,

the Contractor shall, as soon as reasonably practicable, submit a further written

notice to BIAL’s Representative, stating the following:

14.4.1 full and detailed particulars of the cause and actual extent of the delay to

the completion of the Works, or to the achievement of the Completion

Date; or

14.4.2 where a circumstance has a continuing effect, or where the Contractor is at

any time, unable to determine whether the effect of a circumstance will

actually cause delay to the completion of the Works, or to the achievement

of the Completion Date, a statement to that effect, with reasons and

interim written particulars (including details of the likely consequences of

the circumstance on the progress of design and execution of the Works, and

an estimate of the likelihood of and likely extent of the delay); the

Contractor shall thereafter submit to BIAL’s Representative, further interim

written particulars at intervals of not more than fourteen (14) days, until

the actual delay caused (if any) is ascertainable, when it shall thereafter

within fourteen (14) days, submit to BIAL’s Representative full and detailed

particulars of the cause and actual extent of the delay; or

14.4.3 for approval, the details of the documents, the Contractor proposes to

present, to support its claim for extension of time, for completion of the

Works, so as to demonstrate its entitlement; or

14.4.4 for approval, details of the measures, the Contractor has adopted or

proposes to adopt, to avoid or reduce the effects of such circumstance upon

the completion of the Works, and the timely achievement of the

Completion Date.

14.5 Subject always to Section 13 and subject always to proper compliance by the

Contractor with the provisions of Sections 13.1 to 13.3, if BIAL’s Representative

considers the Contractor to be reasonably entitled to such an extension of time, he

shall determine the period of extension and shall notify BIAL and the Contractor,

accordingly.

14.6 The Contractor shall not be entitled to an extension of time, in respect of any

cause of delay, or for any period of delay which, by the exercise of all reasonable


endeavours, could be avoided or reduced (to the extent that such could have been

reduced). The onus of proving that the Contractor has exercised all reasonable

endeavours, and that despite such endeavours, the delay could not be avoided or

reduced, shall in all cases rest with the Contractor.

14.7 It shall be a condition precedent to the Contractor’s right to any extension of time

that it shall have complied fully and strictly with any of the provisions of Section 13

in respect thereof. In the event of the Contractor failing so to comply, it shall not

be entitled to an extension of time, and any delay or / and disruption for which the

Contractor would otherwise have been entitled to an extension of time, shall be

deemed for the purpose of considering Liquidated Damages.

15 LIQUIDATED DAMAGES

15.1 If the Contractor fails to complete the Works by the Completion Date or fails to

satisfactorily perform Maintenance services, then the Contractor shall forthwith,

without any demur, pay BIAL Liquidated Damages calculated at1% (One percent) of

the Contract Price per week or part thereof, for such default for every week or

part of a week (in the event that, the Liquidated Damages are payable for part of a

day, the Contractor shall be liable to pay the reasonable proportion pro-rata),

subject to a maximum of ten percent (10%) of the Contract Price. This right

available to BIAL under Section 14, is in addition to any other right available to

BIAL under this Agreement, and under the Applicable Law.

15.2 BIAL may deduct and retain the amount of any Liquidated Damages becoming due

under Section 14.1 from any sum due or / and which becomes due to the

Contractor; or / and realise any sum or guarantee provided by the Contractor; or /

and require the Contractor to pay such amount to BIAL within twenty-eight (28)

days after receipt of the notice pursuant to Section 14.1 notwithstanding any

dispute between the Parties as to the amount due or the liability to make payment

of the same.

15.3 If the payment of the Liquidated Damages is unenforceable by BIAL for any reason,

the Contractor shall be liable to pay BIAL actual losses and costs caused, or to the

extent contributed to, by the delay to the Completion Date for which the

Contractor is responsible, save that, BIAL shall not be entitled to recover under

this Section, any sum, which is greater than the amount which would have been

recoverable as the Liquidated Damages, had the same not been unenforceable.

15.4 The payment of Liquidated Damages does not in any way relieve the Contractor

from any of its obligations to complete the Works or from any other obligations and

liabilities of the Contractor under the Agreement.


15.5 If BIAL grants, under Section 13 (Extension of time), any extension of time or

further extension of time, which would result in a change in the Completion Date,

BIAL shall re-calculate the amount of any Liquidated Damage to which BIAL is

entitled, and shall notify the Contractor of the amount thereof, if any, or of any

adjustment applicable to any such amount already notified, as the case may be. In-

so-far-as any sum shall thereby be payable, by way of adjustment or otherwise, by

the Contractor to BIAL, the Contractor shall within thirty (30) days of BIAL’s notice,

pay the same to BIAL.

16 RETENTION MONEY

An amount of five percent (5%) of every running account bill will be retained from

each bill as retention money (“Retention Money”). Retention money as retained

above shall be released to the Contractor within twenty one (21) days of the issue

of the Completion Certificate, after deduction of any dues that may become

available to BIAL due to any damage or loss caused by the Contractor or due to

non-compliance of applicable laws or which becomes due under the terms of the

agreement.

17 OBLIGATIONS AND RESPONSIBILITIES OF CONTRACTOR

17.1 Based on the operational descriptions provided in this Agreement, the Contractor

shall guarantee compliance of Work executed to the scope of Works and

Specifications as mentioned in Schedule C, the requirement of the Works being

state-of-the-art, and the operational requirements under the Agreement.

17.2 The Contractor shall render all services, which are required for the proper design

and execution of the Works.

17.3 In principle, the Contractor is responsible for the execution of the warranty

services within the Maintenance Period. In special cases and limited circumstances,

if desired by BIAL, the Contractor may perform warranty services under the

guidance and supervision of BIAL. However, it will be the sole responsibility of the

Contractor to get all the warranty services executed through the contractors or

their authorized representatives during the warranty-phase of the Works.

17.4 The Contractor shall be responsible for any damage, resulting from its operations,

either to buildings, structures, airport fixtures such as underground cable, contact

lights, hard surface areas, water mains, other operational installations, Airport

roads, etc. The Contractor shall restore, replace or repair any such damage to the

complete satisfaction of BIAL and in case of default, BIAL may cause the same to

be made good by any other means and deduct the expenses from any sums due to

Contractor.


17.5 If BIAL sets-up contracts with other contractors for partial-maintenance services,

the obligation for co-ordination of service provision lies with the Contractor.

17.6 Since the Contractor will be working in the operational airport, the Contractor

shall take the responsibility of not damaging any property during the execution of

the Works. In case of damage, BIAL shall have the right to reasonably assess the

extent and value of such damage by the Contractor and recover such amounts from

any monies due to the Contractor or from the bank guarantee/s in vogue in case no

further money is due.

17.7 Electricity and Water for execution of Works

17.7.1 The Contractor shall be responsible for the provision of temporary

electricity and other services that the Contractor may require, for the

duration of the construction of the Works. All charges for consumption of

power, till the issuance of the Completion Certificate shall be borne by the

Contractor. Arrangement for the supply of water till completion and handing

over of the Works, will be made available by BIAL at one point free of cost.

It shall be the responsibility of the Contractor to distribute the same to the

required areas, by provision of necessary hose pipes and maintenance of

service lines.

17.7.2 The Contractor shall, at its own risk and cost, provide any apparatus

necessary for use of these services, and for measuring, and making payment

of the quantities consumed, where applicable. BIAL shall be entitled to use

such services upon reimbursement to the Contractor, at the rates incurred

by the Contractor.

17.8 Security of and at Site

Unless otherwise stated in this Agreement:

17.8.1 the Contractor shall be responsible for keeping unauthorised persons off the

Site during working hours; and authorised persons shall be limited to the

Contractor's Personnel and BIAL's Personnel, personnel employed by other

contractors working on the Site, and to any other personnel notified to

the Contractor, by (or on behalf of) BIAL, as authorised personnel of

BIAL.

17.8.2 the Contractor shall also be responsible for protection of any and all the

materials at the Site, including the materials supplied by BIAL, or

quarried by the Contractor, and stored, or being processed, at any place

outside the Site, during working hours.


Any loss or / and damage suffered by BIAL due to failure on the part of the

Contractor to protect such materials as mentioned above, shall be the liability of

the Contractor, and such losses or / and damages shall be reimbursed by the

Contractor to BIAL.

17.9 Labour Camps

17.9.1 The Contractor shall not be allowed to set up or maintain its labour camp at

the Site. The Contractor has to make all arrangements of the workers entry

and exit into the Airport and the same shall be as per the direction and

rules specified by BIAL and the Contractor shall also obtain necessary labour

licenses.

17.9.2 The Contractor should adhere to all the provisions of Contract Labour

(Abolition & Regulations) Act, 1970. The Contractor has to ensure payment

of wages as stipulated under the Minimum Wages Act.

17.10 Notices to Local Bodies

17.10.1 The Contractor shall comply with and give all notices required by any

Governmental authority or Relevant Authority, rule or Order made under

any Act of the Parliament, State laws or any regulation or bye-law of any

local authority relating to the Works. The Contractor shall, before making

any variation from the Drawings necessitated by any compliance required

by the Relevant Authority or due to Applicable Laws, give to BIAL a

written intimation giving reasons for the proposed variation and obtain

BIAL’s written instructions thereon.

17.10.2 The Contractor shall pay and indemnify BIAL against any liability in

respect of any fee or charge payable under any Act of the Parliament,

State laws or any Government instrument, rule or Order, and any

regulation or bye-law of any local authority, in respect of the Works.

17.11 Guarantee and Liabilities of Contractor

17.11.1 The Contractor is liable for the design with the guarantee to provide fully

functional and “fit for the purpose” systems. The Contractor shall be

liable to indemnify BIAL for the damages to property or personal injuries,

which are a result from its assignment and directly caused by it, or its

representatives on actuals. The Contractor provides itself with the

business liability insurance, covering it up to the liabilities as per the

scope of this Agreement.

17.11.2 The Contractor shall adhere to the safety and other relevant regulations,

relating to the infrastructure / equipment, as well as for carrying-out the

task in connection with this Agreement.


17.11.3 Properly tested and marked material handling equipment only shall be

used for execution of the Works. The Contractor shall provide all

necessary supervision and quality control facilities. At all working times,

the Contractor’s competent representative shall be at the Site. All

supporting arrangements and fixing details shall be checked periodically,

and necessary rectifying actions are to be taken, in order to ensure safe

handling of loads during different operations. All plant and machinery of

the Contractor shall comply with the safety regulations needed for

working in the Airport, where other contractors / subcontractors /

agencies might also be working, so as not to interfere with the work of

the other contractors, or foul with their constructions.

17.11.4 The Contractor shall take all precautions to avoid accidents by exhibiting

/ displaying necessary caution boards day and night, speed limit borders,

red flags, red lights and providing barriers. No hindrances shall be caused

to the traffic during execution of the Works. The safety guidelines to be

followed by the Contractor during the execution of the Works are

detailed in Schedule E.

17.11.5 The Contractor shall obtain necessary entry pass / token / identity card

for the work-force and equipment, from BIAL / the Bureau of Civil

Aviation Security / Central Industrial Security Force or the relevant

agency in-charge of security at the Airport. It is the responsibility of the

Contractor to fulfill all the relevant formalities in connection with

obtaining of identity card for its employees, including, payment of

necessary fees and carrying-out police verification, etc. In addition, the

Contractor shall ensure that the employees / work force adhere to the

security rules / regulations in force at the Airport, and the Contractor is

solely liable for the consequences arising out of any violation of the

security rules / regulations by its employees / work-force.

17.11.6 From the commencement till the completion of the Works, the

Contractor shall take full responsibility for taking precautions, to prevent

loss or damage to the Works or the Site, and to minimize loss or damage

to the greatest extent possible, and shall be liable for any damage or

loss, that may happen to the Works or any part thereof, from any cause

whatsoever, and shall, at the Contractor’s own cost, repair and make

good the same so that, at completion, the Works shall be in good order

and condition and in conformity in every respect, with the requirements

of this Agreement and instructions of BIAL.


17.11.7 The Contractor shall not be entitled to payment under the above

provisions of this Agreement, in respect of such loss or damage as has

been occasioned by any failure on the Contractor’s part to perform its

obligation under this Agreement, or which has occurred as a result of the

Contractor not taking precautions to prevent such loss or damage or

minimize the amount of such loss or damage. Further, in the event of the

Contractor’s failure to repair and make good such damage or loss, BIAL,

at its sole discretion, shall retain the payments due and payable to the

Contractor.

17.11.8 The Contractor shall indemnify and keep indemnified BIAL against all

losses and claims for injuries or damage to any person, or any property

whatsoever, which may arise out of, or in consequence of the

construction and maintenance of the Works and against all claims,

demands, proceedings, damages, costs, charges and expenses

whatsoever, in respect of, or in relation thereto.

17.11.9 Before commencing execution of the Work, the Contractor shall, without

in any way limiting its obligations and responsibilities under this

Agreement, insure itself, against any damage, loss or injury, which may

occur to any property (excluding that of BIAL, but, including BIAL’s

building rented by the Contractor, wholly or in a part, and any part of

which, is used by the Contractor for storing the combustible materials),

or to any person (including any employee of BIAL) by or arising out of

carrying-out its obligations under this Agreement.

17.11.10 The Contractor shall at all times, indemnify BIAL against all claims,

damages or compensation under the provisions of the various applicable

labour legislations, or any modification thereof, or any other law relating

thereto, and the rules made thereunder, from time to time, or as a

consequence of any accident or injury, to any workman or other person,

in or about the Works, whether in the employment of the Contractor or

not, save and except, where such accident or injury has resulted from

any act of BIAL, its agents or servants, and also against all costs, charges

and expenses of any suit, action or proceedings, arising out of such

accident or injury, and against all sum or sums, which may, with the

consent of the Contractor, be paid to compromise or compound any

claim. Without limiting its obligations and liabilities as above provided,

the Contractor shall insure against all claims, damages or compensation

payable under the Workmen’s Compensation Act, 1923 or any

modification thereof, or any other law relating thereto.


17.11.11 The aforesaid insurance policy / policies shall provide that, they shall not

be cancelled, till BIAL has agreed to their cancellation.

17.11.12 Quality Assurance

17.11.12.1 The Contractor shall institute a quality assurance system to

demonstrate compliance with the requirements of this

Agreement. The system shall be in accordance with the

details stated in this Agreement. BIAL shall be entitled to

audit any aspect of the system.

17.11.12.2 Details of all procedures and compliance documents shall be

submitted to BIAL, for information, before each stage of the

Works is commenced.

17.11.12.3 Compliance with the quality assurance system shall not

relieve the Contractor of any of its duties, obligations or

responsibilities under this Agreement.

17.11.13 Progress reports shall be prepared by the Contractor every week and

submitted to BIAL in agreed electronic formats, within ten (10) days after

the last day of the period to which, it relates. Details of the report shall

be agreed upon commencement of construction of the Works.

17.11.14 The Contractor's design, the Contractor's documents, the execution of

the Works and the completed Works shall comply with the International

Civil Aviation Organization’s Standards / International Standards.

17.11.15 Samples

The Contractor shall submit samples and mock-ups to BIAL, as specified

in the Contractor's design or BIAL's Requirements, as the case may be,

and listed by the Contractor, for review and approval of visual impact, in

accordance with procedures and Specification to be adapted during

execution, as stipulated by BIAL.

18 OBLIGATIONS OF BIAL

18.1 BIAL has to grant the Contractor and its representatives, engaged for the purpose

of this Agreement, safe access to the relevant infrastructure and equipment,

provided that the Contractor has submitted the application for the same within the

required timeframe. BIAL will define the conditions and processes for access to the

Airport’s airside area.


18.2 In emergencies and exceptional conditions, BIAL may, without the written consent

of the Contractor, maintain or repair the infrastructure or equipment installed by

it, or assigns such a task to another third party. However, this will be done in

exceptional situations with the aim of achieving desired level of serviceability of

equipment or to ensure safe aircraft operation and passenger facilities.

18.3 In the event of the Contractor not fulfilling its obligations and the agreed

execution levels, BIAL shall send a written notice to the Contractor requesting the

Contractor to fulfill the agreed execution levels. If the Contractor does not follow

the requested execution levels within the specified period, BIAL is entitled to

either assign a third party with the execution of the task at the expense of the

Contractor or to terminate this Agreement on short notice.

18.4 BIAL has to inform the Contractor immediately and in writing, all changes of the

designated infrastructure / equipment or its operating conditions, which could

impair the maintenance work to be performed by the Contractor.

18.5 BIAL will hand over to the Contractor, upon its demand, copies of all technical

information in BIAL's possession, which are relevant and useful to the design and

execution of the Work. These documents remain the property of BIAL at all times,

and may be used by the Contractor only for the purposes of fulfillment of its

obligations under this Agreement. In response, the Contractor has the obligation

for adjusting and updating the technical information in its possession, in case the

Contractor had to implement changes to the infrastructure / equipment in the

context of its contractual assignment, after taking prior written approval from

BIAL.

19 FORECLOSURE OF THIS AGREEMENT IN FULL OR IN PART, DUE TO

ABANDONMENT OR REDUCTION IN SCOPE OF WORK

If, at any time after the commencement of the Work, BIAL shall, for any reason

whatsoever, not require the whole Work thereof, to be carried-out, BIAL shall give

notice in writing of the fact to the Contractor, who shall have no claim to any

payment of compensation whatsoever, on account of any profit or advantage,

which it might have derived from the execution of the Work in full, but which, the

Contractor did not derive in consequence of the full work not having been carried-

out, neither shall the Contractor have any claim for compensation by reason of any

alteration having been made in the original Specifications, Drawings, designs and

instructions, which shall involve any curtailment of the Work as originally

contemplated.

20 SUSPENSION OF WORK

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20.1 BIAL may suspend progress or performance of all or any part of the Works or any

portion thereof, including the delivery of any material, etc. by an order (a

“Suspension Order”) issued to the Contractor in writing where:

20.1.1 it is necessary by reason of some act, default, omission, breach or failure by

the Contractor (or those it is contractually responsible for); or

20.1.2 it is necessary for the safe or proper Execution of the Works; or

20.1.3 an unsafe condition or Emergency exists or is likely to result at the Works or

any part of the Site; or

20.1.4 it is a necessary consequence of an action of any Relevant Authority; or

20.1.5 where such suspension arises out of any operational requirement of the

Airport.

20.2 On receipt of a Suspension Order, the Contractor shall immediately suspend all or

any part of the Works or any portion thereof, including the delivery of any

material, etc., as specified in the Suspension Order, for such time and in such

manner as BIAL may consider necessary and shall advise BIAL if any of the activities

required to be suspended pursuant to the Suspension Order need to be continued

to maintain the safety and security of the Works. The Contractor shall be entitled

for payments during such suspension which shall be mutually agreed by the Parties.

20.3 Following receipt of a Suspension Order, the Contractor shall during any

suspension, properly protect and secure the Works and the goods/materials and

shall not remove any goods/materials from the Site without the prior written

consent of BIAL and the Contractor shall take all reasonable measures to minimize

the costs and losses of the suspension to BIAL, including meeting with BIAL on a

regular basis.

20.4 Resumption of the Works

20.4.1 The Contractor shall, in a reasonable time, undertake any necessary action

instructed by BIAL to remedy the circumstances that led to the issue of a

Suspension Order and the Contractor shall notify BIAL immediately upon

completing such action. BIAL shall, within seven (7) days of receipt of such

notice either instruct the Contractor to resume the Works or identify by

means of a further written notice, the additional action which is required to

be taken by the Contractor before an instruction to resume can be given.

20.4.2 BIAL may at any time instruct the Contractor to resume the Works or such

part of the Works that are the subject of a Suspension Order, in which case

the Contractor shall do so as soon as is reasonably practicable and in any

event within ten (10) days of such instruction. Upon resumption of the

Works, the Contractor shall immediately undertake an examination of the

affected parts of the Works and shall make good any deterioration or Defect


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in or loss of the Works, the materials or any part thereof that may have

occurred during the suspension.

20.4.3 In the event that BIAL's Representative issues a Suspension Order in

accordance with Sections 19.1.1 to 19.1.3, the Contractor shall not be

entitled to any addition to the Contract Sum or any extension of time and

BIAL shall be entitled to recover from the Contractor the costs it reasonably

incurs during such period of suspension, including any costs incurred in

respect of the supply and delivery of BIAL issued

material/equipment/system (which includes any extra costs necessarily

incurred by BIAL for delay and disruption as a consequence of the

suspension). The Contractor's entitlement to an addition to the Contract

Sum or to any extension of time in the event that BIAL's Representative

issues a Suspension Order in accordance with Section 19.1.4 provided that

the Contractor shall not be entitled to any addition to the Contract Sum or

to any extension of time where the necessity to issue such a Suspension

Order was due in any way to the act, default, omission or breach by the

Contractor (or those it is contractually responsible for) or a matter for

which it is responsible or by reason of some default or breach reasonably

anticipated by BIAL's Representative.

20.4.4 Failure to resume work

20.4.4.1 If the Contractor fails to resume the Works as soon as

reasonably practicable and in any event within twenty (20) days of

BIAL's instruction to resume the Works, BIAL shall be entitled to give

Preliminary Notice under the Agreement to the Contractor.

20.4.4.2 In the event of an occurrence of BIAL Event of Default due to

failure to make payments when due and payable, the Contractor shall

have the right but not the obligation to issue a notice in writing

(“Suspension Notice”) to BIAL within a period of thirty (30) Business

Days of receipt of the Suspension Notice and BIAL not having paid the

amount within the afore stated period, the Contractor shall have the

right, but not the obligation to suspend the Works, either in part or in

whole and inform BIAL’s Representative and BIAL accordingly. The

issue of Suspension Notice does not entitle the Contractor for any

additional payment over the Contract Sum and/or any extension of

time whatsoever.

20.4.5 Termination of Project for prolonged Suspension:

In the event a Works or part thereof is suspended by either of the Parties

for a continuous period of more than ninety (90) days pursuant to the


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provisions of Section 19 (Suspension of Work) or such other period as may

be mutually agreed, either party may terminate the Works or that part

thereof so suspended after providing seven (7) days written notice of the

same. Pursuant to such termination, the provisions of Section 24.8 shall

apply.

21 LIABILITY FOR DAMAGE, DEFECTS OR IMPERFECTIONS AND RECTIFICATION

THEREOF

21.1 If the Contractor or its workmen or employees shall injure or destroy any part of

the Work in which they may be working or any building, road, fence, etc.,

contiguous to the premises on which the Work or any part of it is being executed,

or if any damage shall happen to the Work while in progress, the Contractor shall,

upon receipt of a notice in writing in that behalf, make good the same at its own

expense. If it shall appear to BIAL or BIAL’s Representative at any time during the

construction or reconstruction or prior to the expiration of the Maintenance Period,

that any Work has been executed with unsound, imperfect or unskilled

workmanship, or that any material or article provided by the Contractor for

execution of the work are unsound, or of a quality inferior to that contracted for,

or otherwise not in accordance with this Agreement, or that any Defect, shrinkage

or other fault has appeared in the Work arising out of Defective or improper

materials or workmanship, the Contractor shall, upon receipt of a notice in writing

in that behalf from BIAL, forthwith rectify or remove, and reconstruct the Work, so

specified, in whole or in part, as the case may be, or / and remove the materials

or articles and provide other proper and suitable materials or articles at its own

expense, notwithstanding that the same may have been inadvertently passed,

certified and paid for, and in the event of the Contractor’s failing to do so, within

the stipulated period in aforesaid notice, BIAL may rectify or remove and re-

execute the Work or / and remove and replace with others, the materials or

articles complained of, as the case may be, by other means at the risk and expense

of the Contractor.

21.2 In case of repairs and maintenance works, splashes and droppings from

whitewashing, painting, etc., shall be removed and surfaces cleaned

simultaneously with completion of the items of work where the work is done,

without waiting for completion of all other items of work stipulated in this

Agreement. In case the Contractor fails to comply with the requirements of this

condition, BIAL shall have the right to get the work done by other means at the

cost of the Contractor. Before taking such action, however, BIAL shall give three

(3) days’ notice in writing to the Contractor.

22 MATERIALS


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22.1 The Contractor shall at its own expense, provide all the materials required for the

Works.

22.2 All the materials to be provided by the Contractor shall be in conformity with the

scope of Works and Specifications laid down in this Agreement and the Contractor

shall, if requested by BIAL, furnish proof, to the satisfaction of BIAL, that the

materials so comply.

22.3 The Contractor shall, at its own expense and without delay, supply to BIAL samples

of the materials proposed to be used in the Works. BIAL, within the shortest

possible time, will inform the Contractor, whether samples are approved or not. If

the samples are not approved, the Contractor shall forthwith arrange to supply to

BIAL, for its approval, fresh samples complying with the Specifications laid down in

this Agreement.

22.4 BIAL shall have full powers to require removal of any or all of the materials brought

to the Site by the Contractor, which are not in accordance with the Specifications

of this Agreement, or do not conform in character, or quality, to the samples

approved by BIAL. All costs, which may attend upon such removal or / and

substitution, shall be borne by the Contractor.

22.5 BIAL shall be entitled to have tests carried-out, as specified in this Agreement, for

any of the materials supplied by the Contractor other than those for which, as

stated above, satisfactory proof has already been furnished, at the cost of the

Contractor and the Contractor shall provide, at its expense, all facilities, which

BIAL may require for the purpose.

22.6 The materials required for the Works, shall be stored by the Contractor only at

places approved by BIAL. Storage and safe custody of the materials, shall be the

responsibility of the Contractor.

22.7 BIAL’s Representative shall be entitled, at any time, to inspect and examine any

material intended to be used in or on the Works, either at the Site or other

place(s), where such materials are assembled / fabricated, manufactured or at any

place(s), where these are lying, or from which these are being obtained, and the

Contractor shall give such facilities as may be required for such inspection and

examination.

22.8 All the materials brought to the Site shall become and remains the property of

BIAL, and shall not be removed from the Site, without the prior written approval of

BIAL. But, whenever the Work is finally completed, and advance, if any, in respect

of any such material is fully recovered, the Contractor shall at its own expense,

remove from the Site all the surplus materials originally supplied by the Contractor


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and upon such removal, the same shall revert in and become the property of the

Contractor.

22.9 The Contractor shall submit copies of purchase vouchers of plants, irrigation

products and any other material used for the Works, if so requested by BIAL.

23 DEVIATIONS / VARIATIONS

23.1 BIAL shall have right to make alteration in, omissions from, additions to, or

substitutions for the original Scope of Works, Specifications, Drawings, designs and

instructions that may appear to it, to be necessary or advisable during the progress

of the Work, and to omit any part of the Works in case of non-availability of a

portion of the Site, or for any other reason, and the Contractor shall be bound to

carry out the Works in accordance with such requirements by BIAL.

23.2 Rates for such additional, altered or substituted work shall be determined by BIAL,

by rate analysis, derived from the similar items available in this Agreement or by

rate analysis based on the PWD / Bangalore circle schedule of rates (SR). However,

the Contractor should furnish the documentary evidence such as, bill / invoice,

purchase order, payment vouchers, etc., to substantiate its claim.

24 TERM

This Agreement shall come into effect from the Effective Date and shall be valid

from the Commencement Date for a period of ___________ months or until

satisfactory completion of the Works, whichever is earlier (the ‘Term’), subject to

earlier termination. The Term of this Agreement may be curtailed or extended for

a further period depending upon the level of service satisfaction by BIAL and at the

sole discretion of BIAL

This Term is for Development and Maintenance of Landscape at VVIP Terminal -

Airside for period of _____months. A further period of five (5) months is allowed to

herein close issues if they remain incomplete after these first _______ months.

However BIAL will not pay any additional charges/ Fees for the last five (5) months

allocated for the closures of the issues/ obligations under and pursuant to this

Agreement.

25 TERMINATION

25.1 Termination by BIAL

BIAL shall be entitled to terminate this Agreement if:

25.1.1 the Contractor abandons the Works or Maintenance services for more than

twenty (20) consecutive days or otherwise, plainly demonstrates the


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intention not to continue performance of its obligations under this

Agreement;

25.1.2 the Contractor without reasonable excuse fails to proceed with the Works

or perform Maintenance;

25.1.3 the Contractor subcontracts the whole of the Works, or assigns this

Agreement, without the required agreement / consent of BIAL;

25.1.4 the Contractor makes or has made any warranty or representation in or in

accordance with the Agreement which was materially incorrect when

made so as to materially affect the BIAL’s interests;

25.1.5 the Contractor’s liability for Liquidated Damages for Delay reaches the

cap on such damages;

25.1.6 the Contractor fails to provide, maintain or renew and/or comply with all

its obligations in relation to the Performance Security;

25.1.7 the Contractor fails to complete the Works or perform Maintenance within

the relevant Time of Completion or any extensions granted to the

Contractor in accordance with the Agreement;

25.1.8 the Contractor has failed to adhere to the scope of Work and/or

Specifications and in the reasonable estimation of BIAL, such failure is

likely to mean that completion of the Works is likely to be delayed beyond

the relevant time of completion;

25.1.9 the Contractor breaches any provision of the Agreement or any Applicable

Laws, where such breach on its own or together with a series of other

breaches has an adverse effect on the Execution of the Works by the

Contractor or such breach adversely affects the enjoyment by BIAL of its

rights under the Agreement;

25.1.10 an Order is made, or a resolution is passed for the liquidation, bankruptcy

or dissolution of the Contractor, which is not, if capable of being so,

discharged or, as the case may be, revoked within ninety (90) days

thereafter; or

25.1.11 the Contractor is in material breach of its obligations under this

Agreement, which breach, has a material adverse effect on BIAL and, if

capable of remedy, is not remedied by the Contractor within thirty (30)

days from the date of notice calling upon the Contractor to rectify the

breach.


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25.2 In any of these events or circumstances, BIAL may, upon giving thirty (30) days'

notice to the Contractor, terminate this Agreement and expel the Contractor from

the Site. However, in the case of Section 24.1.10, BIAL may, by notice, terminate

this Agreement immediately.

25.3 Termination for convenience

Notwithstanding Sections 24.1 and 24.2, BIAL has the right to terminate this

Agreement at will, by giving fifteen (15) days’ written notice without assigning any

reason thereof. Upon receipt of such notice and expiry of notice period, this

Agreement shall stand terminated at the end of fifteenth (15th) day of issue of such

notice by BIAL, and the consequences of termination stipulated in Section 24 shall

apply.

25.4 The Contractor shall then leave the Site and deliver all documents made by or for

it, to BIAL. However, the Contractor shall use its best efforts to comply

immediately with any reasonable instruction included in the notice (i) for the

assignment of any sub-contract, and (ii) for the protection of life or property or for

the safety of the Works. After termination, BIAL may complete the Works or / and

arrange for any other entity to do so. BIAL and these entities may then use any

goods or document made by, or on behalf of the Contractor.

25.5 BIAL shall then give notice that the Contractor's Equipment and the Temporary

Works will be released to the Contractor at, or near the Site. The Contractor shall

promptly arrange their removal, at the risk and cost of the Contractor. However, if

by this time, the Contractor has failed to make a payment due to BIAL, these items

may be sold by BIAL in order to recover this payment. Any balance of the proceeds

shall then be paid to the Contractor. BIAL will have full liberty to take possession

of the Site, and any material, constructional plant implement, stores, etc.,

thereon; or / and carry-out the incomplete work by any means, at the risk and cost

of the Contractor.

25.6 As soon as practicable, after a notice of termination under Section 24.1

(Termination by BIAL) has taken effect, BIAL shall determine the value of the

Works and any other sum due to the Contractor, for the Work executed in

accordance with this Agreement till the date of such notice of termination, based

on the Unit Rates as contained in Schedule D.

25.7 After a notice of termination under Section 24.1 (Termination by BIAL) has taken

effect, BIAL may:

25.7.1 withhold further payments to the Contractor, until the costs of execution,

completion and remedying of any Defect, damage for delay in completion

(if any), and all other costs incurred by BIAL have been reasonably

estimated; or / and


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25.7.2 recover from the Contractor, any loss and damage incurred by BIAL, and any

extra cost for completing the Works, after allowing for any sum due to the

Contractor under this Agreement. After recovering any such loss, damage

and extra cost under this Agreement, BIAL shall pay the balance, if any, to

the Contractor.

25.7.3 Any excess expenditure incurred, or to be incurred, by BIAL in completing

the Works, or part of the Works, or the excess, or damages suffered or may

be suffered, by BIAL, as aforesaid, after allowing such credit, shall be

recovered from any money due to the Contractor on any account, and if

such money is not sufficient, the Contractor shall be called upon in writing

to pay the same, and the Contractor shall pay such amount within thirty

(30) days.

25.8 On termination of this Agreement, BIAL shall determine, what amount if any, is

recoverable from the Contractor for completion of the Works, or part of the Works,

by BIAL, or in case the Works or part of the Works, is not to be completed, the loss

or damage suffered by BIAL. In determining the amount, credit shall be given to

the Contractor for the value of the useful work executed by it, up to the time of

termination, based on the Unit Rates as contained in Schedule D, the value of the

Contractor’s materials taken over and incorporated in the work, and use of the

tools and machinery belonging to the Contractor.

25.9 Termination by Contractor

The Contractor shall be entitled to terminate this Agreement if the Contractor does

not receive the undisputed amount due within the relevant time period, within

which payment is to be made (except for deductions made by BIAL in accordance

with the terms and conditions of this Agreement). In such an event, the Contractor

shall give a written notice of thirty (30) days calling upon BIAL to rectify the

breach and if the same is not remedied therein, may terminate the Agreement

upon giving thirty (30) days' written notice to BIAL.

25.10 After a notice of termination under Section 24.1 (Termination by BIAL), or Section

24.9 (Termination by Contractor), the Contractor shall promptly:

25.10.1 cease all further work, except for such work as may have been instructed

by BIAL for the protection of life or property or for the safety of the

Works;

25.10.2 hand over any document, plant, material and other work, for which, the

Contractor has received payment; and

25.10.3 remove all other goods from the Site, except as necessary for safety, and

leave the Site.


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26 INDEMNITIES

26.1 The Contractor hereby indemnifies BIAL against liability in connection with:

26.1.1 The Contractor committing any breach or contravention of its contractual

obligations or the Applicable Laws;

26.1.2 Any act of commission or omission, or default on the part of the Contractor

and / or its personnel;

26.1.3 Any death or illness of or injury to any person and the loss of or damage to

any property either of BIAL or any third party arising out of or in connection

with any act or default of the Contractor and / or its personnel in the

execution of its obligations under this Agreement; and

26.1.4 Any loss or damage caused either to BIAL or to any third party due to

infringement or violation of any intellectual property right or disclosure of

any Confidential Information.

26.2 Limit of Liability

BIAL and the Contractor mutually waive all rights against each other for

consequential and indirect damages of every kind resulting from the performance

or non-performance of this Agreement, or related in any way to the Project.

Consequential damages include, by way of example and not limitation, damages

resulting from loss of use, profit, financing, future business, rent and reputation;

hold over costs; and other speculative damages not directly caused by the

negligence or breach of Agreement by BIAL, the Contractor or any party for whose

conduct either Party is legally responsible.

27 FORCE MAJEURE

27.1 This Section shall apply if the performance by any Party (the “Affected Party”) of

its obligations under this Agreement is prevented, hindered or delayed in whole or

in part, by reason of Force Majeure.

27.2 No Party shall be liable for any failure to comply, or delay in complying, with any

obligation under or pursuant to this Agreement, provided it complies with Section

27.3 and it shall not be required to perform its obligations to the extent that, the

performance by such Party of its obligations under this Agreement is prevented,

hindered, impeded or delayed in whole or in part, by reason of Force Majeure.


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27.3 As soon as reasonably practicable, but not more than seventy-two (72) hours,

following the date of commencement of any event of Force Majeure, if any Party

desires to invoke such event of Force Majeure as a cause for delay or failure in the

performance of any obligation hereunder, it shall notify the other Party in writing,

of such date and the nature and expected duration of such event of Force Majeure.

Within a reasonable time following the date of such notice of such event of Force

Majeure, the Party having invoked such event of Force Majeure as a cause for such

delay, shall submit to the other Party, sufficient proof of the nature of such delay

or failure and its anticipated effect upon the time for performance.

27.4 The Affected Party shall take all reasonable steps to prevent, reduce to a minimum

and mitigate the effect of the event of Force Majeure, and take all reasonable

steps to resume performance of its obligations immediately upon expiry of the

event of Force Majeure.

27.5 If any event of Force Majeure continuing beyond a period of two (2) weeks during

the Term, any of the Parties hereto, shall have the right to terminate this

Agreement.

28 CONTRACTOR’S REPRESENTATIONS AND WARRANTIES

The Contractor represents and warrants to BIAL as follows:

28.1 It has the necessary, power and authority and has taken all actions necessary to

validate, execute and deliver this Agreement and perform its obligations

hereunder;

28.2 Its obligations under this Agreement will be legally valid and binding and

enforceable against it;

28.3 The execution, delivery and performance of this Agreement will not conflict with,

result in the breach of, or constitute a default under, or accelerate any

performance required under its constitutional documents, the terms of agreement,

understanding, covenant, or any decree or order to which it is a party or by which

it or any of its properties or assets is bound or affected and does not result in a

violation of any Applicable Law;

28.4 It is able to pay its debts as they fall due or otherwise is solvent as per Applicable

Laws, it has not compounded with or negotiated any composition with or called any

meeting of its creditors, a receiver, trustee or manager has not been appointed

over the whole or any part of its assets or rights, it has not committed any act of

bankruptcy or insolvency or passed any resolution for or otherwise entered into any

liquidation, winding up or administrative order or taken or suffered any action


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analogous to any of the foregoing under the Applicable Laws of India or any other

applicable jurisdiction; and

28.5 No sums, in cash or kind, have been paid to, or accepted by, any person or will be

paid to, or accepted by, any person or on its behalf by way of fees, commission or

otherwise to induce BIAL to enter into this Agreement.

29 CONFIDENTIAL INFORMATION AND NON-DISCLOSURE

29.1 The Contractor acknowledges that BIAL is the owner of the Confidential

Information, whether in writing or oral or otherwise. The Contractor shall treat this

Confidential Information (as hereinafter defined) as strictly confidential, and shall

not use the same either for its own purpose or for that of third parties, and shall

only use it on BIAL’s instructions for the purpose of execution of the Works. For the

purposes of this Agreement, “Confidential Information” or ‘Information’ shall

mean and include, information, manuals, data, drawings, books, designs,

specifications, records, agreements entered into by BIAL with third parties,

photographs and documents, whether in hard copy or electronic form.

29.2 Confidentiality

The Contractor acknowledges that, any and all Confidential Information, including

any commercial and technical information and data provided by BIAL to the

Contractor, shall be considered to be confidential, and the Contractor, shall not,

at any time, directly or indirectly disclose such Confidential Information to any

person or firm or use the same, in any manner, other than in connection with

execution of the Works contemplated under this Agreement, without the prior

consent of BIAL. The Contractor shall not, unless otherwise agreed (which

agreement may be on such general or specific terms as the Parties may

determine), disclose to any third party any Confidential Information, which is the

property of BIAL or which, otherwise relates to its business, secrets, dealings,

transactions or affairs or which relates in any way to BIAL, unless, and to the

extent that, such disclosure:

29.2.1 is reasonably required for the exercise or performance by the Contractor of

its rights or obligations under this Agreement; or

29.2.2 is required pursuant to any relevant statutory or regulatory requirements or

duties or any requirement of the Applicable Law; or

29.2.3 is related to Information, which is already in the public domain, other than

29.2.4 as a result of breach of this Section, by the Contractor; Provided that, in

the case of any disclosure in accordance with Sections 29.2.1 or 29.2.2, the

Contractor shall, so far as reasonably practicable, impose on the third party

receiving such Information such obligations, as may be appropriate to maintain its

confidentiality.


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29.3 The obligations under this Section shall survive the termination of this Agreement

for a period of _______ years.

30 MISCELLANEOUS

30.1 Amendment

No amendment or modification to this Agreement shall be valid and effective,

unless agreed to by both the Parties hereto and evidenced in writing. Any

modification or amendment to this Agreement, must be in writing and be signed by

the duly authorized representative(s) of each of the Parties.

30.2 Governing Law and Jurisdiction

The Agreement shall be construed, and the legal relations between the Parties

hereto shall be determined, in accordance with the laws in India. The courts of

Bangalore, India shall have exclusive jurisdiction.

30.3 Counterparts

This Agreement shall be executed in two (2) counterparts, each of which shall be

deemed as original; but, all of this together shall constitute one (1) and the same

instrument.

30.4 Entire Agreement

This Agreement supersedes any and all agreements, communications either oral or

in writing, between the Parties hereto with respect to the execution of the Works

by the Contractor to BIAL, and contains all of the covenants and agreements

between the Parties with respect to the rendering of such services in any manner

whatsoever. Each Party to this Agreement acknowledges that no representations,

inducements, promises or agreements, orally or otherwise, have been made by any

party, or anyone acting on behalf of any party, which is not embodied herein, and

that no other agreement, statement or promise not contained in this Agreement

shall be valid or binding.

30.5 Partial Invalidity

If any provision of this Agreement is held by a court of competent jurisdiction to be

invalid, void or unenforceable, the remaining provisions shall nevertheless continue

in full force, without being impaired or invalidated in any way.

30.6 The Contractor shall bear all stamp duties and registration (if any) charges or

similar charges and related expenses in relation to the execution of this

Agreement. BIAL shall retain the original fully stamped and registered Agreement

and the Contractor will retain a counterpart.


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30.7 The Contractor shall not make any announcements, take any photographs, or

disclose or release any information concerning this Agreement, or the subject

matter thereof, or any discussions or the existence of prior, current or prospective

legal relations between the Parties, to any member of the public, press, business

entity, or any official body unless prior written consent is obtained from BIAL.

30.8 The Contractor shall not advertise in any manner on any part of the Airport or

erect, display or use any high powered electric light or any electric sky signs or

other electric lights or installations for the purpose of advertisement or use any

other type of advertisement or signboards at the Airport without the previous

written permission of BIAL. The Contractor confirms that they shall not publicise,

advertise, brand, use, put any logo, name plates, etc., on the System or any part

thereof whatsoever.

30.9 Survival of Clauses

All terms, conditions and provisions of this Agreement which by their nature are

independent of the period of performance, shall survive the cancellation,

termination, expiration, default or abandonment of this Agreement

30.10 Any failure or delay by a Party in insisting upon the strict performance of any terms

or conditions of this Agreement, or exercise of any rights or remedies provided

herein or by law, or to invoke any security or guarantee hereunder or notify a

breach, or the acceptance of any payment hereunder, shall not be construed as a

waiver of any right or remedy of such Party hereunder. The arrangement recorded

in this Agreement is not, and shall not be deemed to be, a joint venture or

partnership between the Parties. Nothing in the Agreement shall be deemed to

constitute either Party a partner, agent or legal representative of the other Party.

The Contractor is and shall remain an independent contractor in the execution of

the Works, maintaining complete control of its employees, agents, subcontractors

and operations required for the execution of the Works. The Agreement shall not

be construed to create any relationship, contractual or otherwise, between BIAL

and any Subcontractor, except to establish BIAL as a third party beneficiary of the

contracts with subcontractors.

30.11 Notice

Any notice, demand, complaint, request or other submission under this Agreement

shall be in writing, and shall be given by personal delivery to the persons

designated below, or by Indian Post, Certified, return receipt requested, with

copies mailed as indicated.

For BIAL:


Administration Block, Kempegowda International Airport


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Devanahalli, Bangalore 560 300

Attn: Head Projects

For the Contractor:

___________________

___________________

30.12 No Partnership

Nothing contained in this Agreement shall be construed or interpreted as

constituting a partnership between the Parties. No Party shall have any authority

to bind the others in any manner whatsoever. This Agreement shall be construed to

have been entered on a principal to principal basis.

IN WITNESS WHEREOF, BIAL and the Contractor have signed this Agreement through their

authorised representatives, as above stated, as of the date first hereinabove mentioned.

BANGALORE INTERNATIONAL AIRPORT

LIMITED

By

Name:

Designation:

In the presence of:

Witness:

Name:

Address:

VENDOR NAME

By

Name:

Designation:

In the presence of:

Witness:

Name:

Address:



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SCHEDULE A

DRAWING

The Drawing/Drawings to be added at the time of Agreement


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SCHEDULE B

Time Schedule

To be added at the time of agreement

Sl No. Milestone Date

1 Commencement Date

2

Completion of Development of

Softscape (Landscape) works in all

aspects to this Agreement at Site.

3 Completion of Maintenance services in

all aspects to this Agreement at Site.



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SCHEDULE C

SCOPE OF THE WORK AND TECHNICAL SPECIFICATIONS

(Annexure A of this RFP to be added at the time of agreement)


134

SCHEDULE D

PAYMENT TERMS AND SCHEDULE OF UNIT RATES

(To be added at the time of agreement)


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SCHEDULE E

Safety Guidelines

The Contractor shall ensure a safe environment on the landscape area at all times. All

safety provisions shall be properly maintained. All safety precautions and requirements

shall be strictly complied with at all times as mentioned in “LANDSCAPING WORKS SAFETY

STANDARDS”.

1. Appropriate Personal Protective Equipment (PPE) shall be supplied and maintained

for all workers. Minimum PPE shall include a hi-visibility jacket, safety shoes, and

gloves.

2. Supervisors shall undertake a pre-inspection of roadside landscaping works to

assess risks, if any.

3. Vehicles shall be parked off the roadway so as not to obstruct driver’s view of the

presence of workers. Vehicles shall not, under any circumstances, be driven

against the normal flow of traffic.

4. Any vehicles used for landscaping should be registered, roadworthy and well

maintained.

5. Supervisors should meet the workers and instruct them about the safety aspects of

the day’s activities prior to commencement of work.

6. Particular attention and planning is to be given to ensuring that landscaping works

does not impede vehicle flow.

7. Consideration needs to be given to the provision of traffic control/security staff

where the work or the location requires the obstruction of the normal roadway.

8. 10% of the workforce/supervisors are to be trained in first aid: Establish and train

supervisors in procedures for the rapid acquisition of emergency works in the event

of an accident.

9. No landscaping or building materials are to be stockpiled or unloaded onto the road

surface except while being moved into the work area, and then only when

barricaded and signposted with reflective warning signs.

10. Night works shall be properly and adequately lit. Attention should be given to

ensure the lighting does not dazzle vehicle traffic.


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11. All accidents, serious incidents and near misses are to be reported to BIAL’s

Representative.

12. All works shall be closely supervised by the Contractor’s Representative.

13. The Contractor has to submit safety plan against the work to be executed.

14. Excavation and Trenching: All trenches, 1.5 meters or more in depth, shall at all

times be supplied with at least one ladder for each 20 meters in length or fraction

thereof. Ladder shall be extended from bottom of trench to at least 1 meter above

surface of the ground. Sides of a trench, which is 1.5 meters, or more in depth

shall be stepped back to give suitable slope, or securely held by timber bracing, so

as to avoid the danger of sides collapsing. Excavated material shall not be placed

within 1.5 meters of edge of trench or half of depth of trenches whichever is more.

Cutting shall be done from top to bottom. Under no circumstances shall

undermining or undercutting be done.

15. Demolition: Before any demolition work is commenced and also during the process

or the work:-

a. All roads and open areas adjacent to the work site shall either be closed or

suitably protected.

b. No electric cable or apparatus, which is liable to be a source of danger over a

cable or apparatus used by the operator of the Contractor, shall remain

electrically charged.

c. All practical steps shall be taken to prevent danger to persons employed, from

risk or fire or explosion, flooding. No floor, roof or other part of a building shall

be so overloaded with debris or materials as to render it unsafe.

16. All necessary personal safety equipment as considered adequate by BIAL shall be

available for use of the persons employed on the Site, and maintained in a

condition suitable for immediate use, and the Contractor shall take adequate steps

to ensure proper use of equipment by those concerned, including:

a. Those engaged in handling any material, which is injurious to eyes, should be

provided with protective goggles.

b. Those engaged in welding works shall be provided with welder’s protective eye-

shields.

c. Suitable face masks shall be supplied for use by the workers, when paint is

applied in the form of spray or a surface having lead paint dry rubbed and

scraped.

17. Use of hoisting machines and tackle including their attachments, anchorage and

supports shall conform to the following:


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a. These shall be of good mechanical constructions, sound material and adequate

strength, and free from patent defects, and shall be kept in good repair and in

good working order.

b. Every rope used in hoisting or lowering materials, or as a means of suspension,

shall be of durable quality and adequate strength and free from patent defects.

c. Every crane driver or hoisting appliance operator shall be properly qualified,

and no person under the age of 21 years shall be in-charge of any hoisting

machine.

d. In case of every hoisting machine and of every chain ring hook, shackle swivel

and pulley block used in hoisting or lowering or as means of suspension, safe

working load shall be ascertained by adequate means. Every hoisting machine

and all gear referred to above shall be plainly marked with safe working load.

In case of a hoisting machine having a variable safe working load, each safe

working load and the conditions under which, it is applicable shall be clearly

indicated. No part of any machine or of any gear referred to above, in this

paragraph shall be loaded beyond safe working load except for the purpose of

testing.

e. In case of a departmental machine, safe working load shall be notified by the

BIAL’s. As regards the Contractor’s machines, the Contractor shall notify safe

working load of each machine, to BIAL’s Representative, whenever the

Contractor brings it to the Site, and get it verified by the BIAL’s

Representative.

18. Motors gearing, transmission, electric wiring and other dangerous parts of hoisting

appliances shall be provided with efficient safeguards, hoisting appliances shall be

provided with such means as will reduce to the minimum risk of accidental descent

of load adequate precautions shall be taken to reduce to the minimum risk of any

part of a suspended load becoming accidentally displaced. When the workers are

employed on electrical installations, which are already energized, insulating mats,

working apparel such as, gloves, sleeves and boots, as may be necessary shall be

provided. The workers shall not wear any ring, watches and carry-key or other

material, which is a good conductor of electricity.

19. All scaffolds, ladders and other safety devices mentioned or described herein, shall

be maintained in a safe condition, and no scaffold, ladders or equipment shall be

altered or removed while it is in use.

20. These safety provisions shall be bought to the notice of all concerned, by display

on a notice board at a prominent place at the work spot. Persons responsible for

ensuring compliance with the safety code, shall be named therein by the

Contractor.


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21. To ensure effective enforcement of the rules and regulations relating to safety

precautions, arrangements made by the Contractor shall be open to inspection by

the BIAL’s Representative, and the Inspecting Officers as defined in the

Contractor’s Labor Regulations.

22. The Contractor is responsible to protect and maintain the areas of intermediate

completed work from damages of the surface due to movement of operational

vehicles / manpower or construction equipment, if any.



134

SCHEDULE F

FORMATS OF BANK GUARANTEES

Form of Performance Bank Guarantee

To



Bengaluru International Airport

Devanahalli

BANGALORE 560 300

Dear Sirs,

Performance Guarantee No:

Amount of Guarantee: [Guarantee Amount]

Last Date of lodgment of claims: [Claim Expiry Date]

Whereas, ------ (the ‘Contractor’), has received from Bangalore International Airport

Limited (“BIAL”), an order for the performance of certain works for a total value of Rs.

[Please insert] upon the terms set-out in the Agreement for Execution of Works dated

[Please insert] between BIAL and the Contractor (the ‘Agreement’).

In consideration for BIAL entering into the Agreement, and at the request of the

Contractor, we, [Insert Bank’s name], hereby establish this performance guarantee and

unconditionally undertake to pay to BIAL in India on demand (given in the manner

described below) the amount claimed by BIAL up to a maximum aggregate amount of [10%

(ten percent) of the Contract Price] and whereas, as per the terms of the Agreement, the

Contractor is required to furnish in favour of BIAL an irrevocable and unconditional

guarantee from a scheduled commercial bank in India for proper performance of its

obligations under the Agreement, which amounts to [10% (Ten percent) of the Contract

Price] [Guarantee Amount] (hereinafter referred to as “Guarantee (d) Amount”).

We, [Insert Bank’s name], [Insert Bank Address] (hereinafter referred to as “Bank /

Guarantor", which term shall mean and include, unless to repugnant to the context or

meaning thereof, its successors and permitted assigns) do hereby unconditionally

undertake to pay BIAL, without any reservation or protest, immediately upon first written

demand, on or before [Claim Expiry Date], an amount or amounts (by way of one or more

claims) not exceeding [Guarantee Amount] against any loss or damage caused to or

suffered or would be caused or suffered by BIAL by reason of non-fulfillment of any of the

Contractor’s obligations to BIAL.


134

We also guarantee to pay the amount of bills or / and the claims as determined by you

against the Contractor, in the event of such bills or / and the claims remains unpaid for

any reason whatsoever, subject, however, that our liability under this guarantee shall be

restricted to an amount not exceeding [Guarantee Amount] and written demand / claim,

if any, should be made at our counters on or before [Claim Expiry Date].

We hereby guarantee, indemnify and undertake to pay the Guaranteed Amount or amounts

due and determined by BIAL on the first demand without demur and notwithstanding any

dispute by (the Contractor’s name and address).

BIAL shall have the fullest liberty without affecting in any way the liability of the Bank

under this Guarantee, during its currency, from time to time, to vary any of the terms and

conditions of the Agreement, or to extend time of performance by the said Contractor, or

to postpone for any time, and from time to time, any of the powers exercisable by it

against the said Contractor, and either to enforce or forbear from enforcing any of the

terms and conditions governing the said permission for rendering service, or securities

available to BIAL, and the said Bank shall not be released from its liability under these

presents by any exercise by BIAL of any liberty with reference to the matters aforesaid by

reason of time being given to the said Contractor any other forbearance, act or omission

on the part of BIAL, or any indulgence by BIAL to the said Contractor, or any other matter

or thing whatsoever, which under the law relating to sureties would, but for this provision,

have the effect of so releasing the Bank from such liability.

It shall not be necessary for BIAL to proceed against the Contractor before proceeding

against the Bank, and the Guarantee herein contained, shall be enforceable against the

Bank, notwithstanding any security, which BIAL may have obtained from the Contractor at

the time when proceedings are taken against the Bank hereunder and are outstanding or

unrealized.

We, the Bank, lastly undertake not to revoke this Guarantee during its currency, except

with the previous written consent of BIAL, and agree that, any change in the constitution

of the said Contractor or the said Bank shall not discharge our liability hereunder. If any

further extension of this Guarantee is required, the same may be extended to such

required periods, at our sole discretion, on receiving instructions from (the Contractor’s

Name and address) on whose behalf this Guarantee is issued.

All disputes in the matter will be settled in the Court of competent jurisdiction of

Bangalore, India

Notwithstanding anything contained herein:


134

a) Our liability under this Guarantee is limited to a maximum of [Guarantee Amount];

and

b) The Guarantee is valid and will be in force up to [Expiry Date]and we are liable to

pay any part of Guarantee Amount, if and only if, the claim is lodged latest by

[Claim Expiry Date]; and

c) We will be discharged from all our liabilities under this Guarantee unless any

written claim under Guarantee is lodged by [Claim Expiry Date]

Our liability pursuant to this Guarantee is conditional upon the receipt of a valid and duly

executed written claim, in original, by [Insert Bank’s name & Address], delivered by hand,

courier or registered post, prior to close of banking business hours on [Claim Expiry Date],

failing which all rights under this guarantee shall be forfeited and [Insert Bank’s name],

Bangalore shall stand absolutely and unequivocally discharged of all of its obligations

hereunder. This Guarantee shall be governed by and construed in accordance with the

laws of India and competent courts in the city of Bangalore shall have exclusive

jurisdiction.

All claims under this guarantee will be made payable at [Insert Bank’s name & Address].

For and on behalf of (the Bank)

Signature

Name & Designation

__________________________________

Authorization No.___________________

Name & Place ______________________

Bank Seal _________________________

The above guarantee is accepted by the

Dated at ______________ on ____________



134

Form of Advance Bank Guarantee

Bank Guarantee No:

To,



Devanahalli, Bangalore 560 300

Dear Sir,

Bank Guarantee No:

Amount of Guarantee:

Valid From:

Valid Till:

Claim Period:

Whereas [Insert the name of the Contractor], having its Registered Office at [Please

insert] (“the Contractor”), has agreed to execute certain works for Bangalore

International Airport Limited (“BIAL” or “Employer”) having its Registered Office, as

detailed in the Agreement for Execution of Works dated [ ] entered into between

Employer and the Contractor (the “Agreement”).

As per the terms of the Agreement, Employer has agreed to pay the Contractor, at its

request, a lump sum advance of Rs..— --- and in consideration of Employer making the

said advance payment, the Contractor has agreed to furnish to Employer a bank guarantee

for the due recovery by Employer of the said advance, as provided according to the terms

and conditions of the Agreement. In consideration for Employer entering into the

Agreement and at the request of the Contractor, we, [Insert Bank’s name & address]

(hereinafter referred to as “Bank / Guarantor” which term shall mean and include, unless

to repugnant to the context or meaning thereof, its successors and permitted assigns),

hereby establish this guarantee and unconditionally undertake to pay to Employer in India

on demand (given in the manner described below), without demur or protest, to the

extent of the said sum of Rs.- ---, any claim made by Employer on us for the loss or

damage caused or suffered by Employer by reason of not being able to recover in full the

said sum of Rs.- --, as aforesaid.

We, [the Bank’s name], do hereby unconditionally undertake to pay Employer, without any

reservation or protest, immediately upon first written demand, on or before [insert claim

date], an amount or amounts (by way of one or more claims) not exceeding Rupees

[Please insert] only (Rs. /-) [Guarantee Amount] against any loss or damage caused to or

suffered by Employer by reason of non-fulfilment of any of the Contractor’s obligations to

Employer under the Advance payment.


134

We also guarantee to pay amount of bills and/or claims as determined by Employer against

the Contractor, in the event of such bills and/or claims remaining unpaid for any reason

whatsoever, subject, however, that our liability under this Guarantee shall be restricted

to an amount not exceeding Rupees [Please insert] only (Rs. – ---/-) and written demand /

claim, if any, should be made at our counters on or before [Please insert].

We hereby guarantee, indemnify and undertake to pay the Guaranteed Amount or amounts

due and determined by Employer on the first demand without demur and notwithstanding

any dispute by the Contractor.

The Employer shall have the fullest liberty, without affecting in any way the liability of

the Bank under this Guarantee, during its currency before [Claim date to be inserted

here], from time to time to vary any of the terms and conditions of the Agreement or to

extend time of performance by the Contractor or to postpone for any time and from time

to time any of powers exercisable by it against the Contractor and either to enforce or

forbear from enforcing any of terms and conditions governing the said permission for

rendering service or securities available to Employer and the Bank shall not be released

from its liability under these presents by any exercise by Employer of any liberty with

reference to the matters aforesaid by reason of time being given to the Contractor or any

other forbearance, act or omission on the part of Employer or any indulgence by Employer

to the Contractor or any other matter or thing whatsoever, which under the law relating

to sureties would, but for this provision, have effect of so releasing the Bank from such

liability.

It shall not be necessary for Employer to proceed against the Contractor before

proceeding against the Bank and the Guarantee herein contained shall be enforceable

against the Bank, notwithstanding any security, which Employer may have obtained from

the Contractor at the time when proceedings are taken against the Bank hereunder and

are outstanding or unrealized.

We, the Bank, lastly undertake not to revoke this Guarantee during its currency, except

with the previous written consent of Employer, and agree that any change in the

constitution of the Contractor or the Bank shall not discharge our liability hereunder. If

any further extension of this Guarantee is required the same may be extended to such

required periods, at our sole discretion, on receiving instructions from the Contractor, on

whose behalf this Guarantee is issued.

All disputes in the matter will be settled in the Court of competent jurisdiction of

Bangalore, India.

Notwithstanding anything contained herein:


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a) Our liability under this Guarantee is limited to a maximum of Rupees [Please

insert] only ( Rs. ----).

b) The Guarantee is valid and will be in force up to [insert claim date] and we are

liable to pay any part of guarantee amount if and only if the claim is lodged before

[insert claim date], failing which our liability under the guarantee will

automatically cease.

Our liability pursuant to this Guarantee is conditional upon the receipt of a valid and duly

executed written claim, in original, by [the Bank’s name & Address], delivered by hand,

courier or registered post, prior to close of banking business hours on [insert claim date],

failing which all rights under this guarantee shall be forfeited and [the Bank’s name] shall

stand absolutely and unequivocally discharged of all of its obligations hereunder. This

Guarantee shall be governed by and construed in accordance with the laws of India and

competent courts in the city of Bangalore shall have exclusive jurisdiction.

All claims under this guarantee will be made payable at [the Bank’s name & Address].

For and on behalf of (the Bank)

Signature

Name & Designation

__________________________________

Authorisation No.___________________

Name & Place ______________________

Bank Seal _________________________

The above Guarantee is accepted by the

Dated at ______________ on ____________



134

SCHEDULE G

STATUTORY COMPLIANCES

1. Form-V – The Contractor shall submit a written request to BIAL for issue of Form-V.

2. Labor License

The Contractor has to apply for Labor License for the required number of manpower to

the Assistant Labor Commissioner (Central), Bangalore and submit acknowledgement

copy to BIAL before start of the awarded Agreement work.

3. ESIC/WCIP – The Contractor’s labor should be covered under (a) ESIC, (b) Employees

Compensation Insurance Policy.

4. EPFO – The Contractor’s labor should be covered under the EPFO scheme from day

one.

5. Minimum Wages

The Contractor should comply with the minimum wages as notified by the Central

Labor Department from time to time (to be revised in every April & October).

6. Payment of Wages

Payment of wages to labours should be made on or before 7th of every month in the

presence of BIAL’s representative who shall witness and certify the same.

7. Statutory Bonus/ Gratuity – The Contractor shall pay bonus as well gratuity to eligible

employees as per the Act.

8. Equal Remuneration for male and female workers doing the same/similar work.

9. The Contractor should not employ any workers below the age of 18 years.

10. The Contractor should issue employment card/appointment letter to all workmen.

11. Registers / Records

The Contractor should maintain attendance register, wages register, register of

workmen, advance register, fines register, over time register, leave register, Form-D,

etc., in the formats as prescribed by Central Labor Department.

12. The Contractor should display all applicable labor abstracts and notices as required

Central Labor compliance.


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13. Over Time wages should be paid on gross wages for labours who have put in more than

9 hours in a day or 48 hours in a week at double the rate (not exceeding 50 hours in a

quarter).

14. Weekly Holiday – 1 full day with wages for every six days worked.

15. Leave with wages – 15 days per annum.

16. National and Festival Holidays – 10 days per annum (submit list of holidays during the

start of the term).

17. Working hours should not exceed 9 hours in a shift (including spread hour/break).

18. Extend adequate welfare and safety measures for workers.

19. The Contractor should submit records & details to BIAL for any internal audits as and

when called for.



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SCHEDULE H

I. Security Clearance for the Contractor and its Personnel :

The Contractor shall obtain security clearance for all its Personnel,

employees from BCAS for operating at the Airport and shall also obtain

Airport entry permits.

Security clearance documents shall be submitted to the Airport operator

minimum 03 months prior to start the operations for onward submission

to the office of Regional Deputy Commissioner of BCAS to carry out

background check of the Company and Board of Directors and also for

approval for issuance of Airport entry permits.

Security clearance documents to be submitted in triplicate.

The relevant portions of security clearance documents has to be signed

by Director/Owner/President/ Vice President level employee.

S

No. DOCUMENS REQUIRED DESCRIPTION OF DOCUMENTS

1

Copy of certificate issued

by Registrar of companies

or any other central/

state govt. authority

registering the company

for similar nature of work.

a) Incorporation certificate or Registration

certificate

b) Memorandum of Articles

c) Articles of Association

d) Form 32 is required cessation and addition of

Board of Directors, if any changes in the

constitution of the Board of Directors, since

formation of the company

e) In case of change in address of the registered

office, Form 18 is required.

2 Profile of the Company/

Contact address

a) Brief description of the Company with past

experience in the field.

b) Details of owner/Directors official contact

address with contact numbers.

3 Residential address of Board of

Directors

a) Present & Permanent residential address,

details of all the Board of Directors/Owner(as on

date) for past 05 years and proof of residence.

b) Passport copies of all Board of Directors/

Owner.

4 Foreign Board of Director

In case of Board of Director other than Indian

national, IB clearance format has to be submitted

for obtaining clearance from Intelligence

Bureau(IB)

5 Share Holding Pattern In case of any Foreign Direct Investment (FDI),

share holding pattern of the Company to be


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declared, else a declaration stating “No FDI

involved” to be submitted.

6 BCAS Clearance

Any other security clearance from Bureau

of Civil Aviation Security (BCAS) is

obtained earlier, the details shall be

disclosed

Details and requirements regarding Airport Entry Permits:

As per Rule 90 of Aircraft Rules, 1937 read with Rule 18 of Aircraft (security) Rules

2011, Commissioner of security (Civil Aviation), Bureau of Civil Aviation Security or

Aerodrome operator or any person authorized by the Central Government in this

behalf have been vested with the powers to issue Aerodrome Entry permits to

persons for their legitimate functions at the Airport. Accordingly, Commissioner of

Security, BCAS, authorized Airport operator vide revised aerodrome entry policy

guidelines for the entry in airports/ civil enclaves in India to Issue Temporary

Airport Entry Permits for Indian Nationals for a maximum period of 90 days as an

initial Issue and reissue of AEP’s with approval of Regional Dy. Commissioner, BCAS

PERMANENT AIRPORT ENTRY PERMITS

Permanent AEPs are to be issued for a period of 90 days and above by BCAS. After

obtaining security clearance, the Contractor can apply for permanent airport entry

permits for their employees.

Documents to be attached for issuance/re-issuance of Permanent Airport Entry

Permits

1. Duly filled up AEP application form.

2. Self-attested and counter signed by the Authorized signatory on copy of

Passport or Police Verification issued by either Commissioner of Police or SP of

police issued within 05 years.

3. Copy of Appointment order/ Transfer order/Promotion order.

4. Copy of AVSEC awareness certificate issued within one year.

5. Justification letter for new AEP’s may be provided by the agency concerned for

their fresh appointment and initial re-issue.

6. Part B & D of the application form and left side photograph shall be signed by

the authorized signatory of the organization and signature of the security

department in part E.


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7. Endorsement of concerned BIAL department is mandatory in case of Contractors

of BIAL.

8. Copy of existing AEP needs to be attached for the reissuance of temporary AEP

9. IB clearance certificate, copy of passport and visa is required in case of foreign

nationals. If foreign nationals are staying more than 01 year in India required to

attach Police clearance certificate.

10. A fee of Rs. 75/- in the form of DD shall be drawn in favour of Airports

Authority of India, Hyderabad, payable at Hyderabad.

TEMPORARY AIRPORT ENTRY PERMITS FOR 90 DAYS

Temporary airport entry permits for 90 days shall be issued by Airport Operator as

an initial issue and re-issue will be subjected to the approval of BCAS. Application

for reissue of 03 months AEP shall be submitted 30 days prior to the expiry of

existing AEPs to Airport pass office as approval is required from the office of

RDCOS, BCAS, Hyderabad region for re-issue of AEP’s.

Documents to be attached for issuance/re-issuance of 03 months Airport Entry

Permits

1. Duly filled up AEP application form

2. Self-attested and counter signed by the Authorized signatory on copy of

Passport or Police Verification issued by either Commissioner of Police or SP of

police issued within 05 years.

3. Copy of Appointment order/ Transfer order/Promotion order

4. Copy of AVSEC awareness certificate issued within one year.

5. Justification letter for new AEP’s may be provided by the agency concerned for

their fresh appointment and initial re-issue.

6. Part B & D of the application form and left side photograph shall be signed by

the authorized signatory of the organization and signature of the security

department in part E

7. Endorsement of concerned BIAL department is mandatory in case of Contractors

of BIAL.

8. Copy of existing AEP needs to be attached for the reissuance of temporary AEP

9. IB clearance certificate, copy of passport and visa is required in case of foreign

nationals. If foreign nationals are staying more than 01 year in India required to

attach Police clearance certificate.

10. A fee of Rs. 75/- in the form of DD shall be drawn in favour of Bangalore

International Airport Limited


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Note:

a) Employee requires AEP needs to undergo one day AVSEC Awareness training

conducted by Airport Operator before the issuance of AEPs.

b) Single Point of Contact (SPOC) shall be nominated by the service providing

agency for coordinating for the purpose of handling AEPs of their agency

concerned.

TEMPORARY AEP FOR 03 DAYS

Temporary AEP’s for a period up to 03 days shall be issued by the Airport Operator

only for operational purposes in emergencies as onetime measure. Such AEP’s will

not be repeated under any circumstances, however in case of emergent

requirement it shall be reissued with the approval of RDCOS, (CA), BCAS.

DOCUMENTS REQUIRED FOR TAEP FOR 03 DAYS

1. Duly filled up application form with the endorsement of sponsoring

organization/department of BIAL.

2. Copy of Identity proof issued by Government authority.

3. A fee of Rs. 75/- in the form of DD shall be drawn in favour of Bangalore

International Airport Limited.

AEP up to 03 days for Foreign National

Airport operator is authorized to issue temporary airport entry permits up to 03

days to foreign nationals for attending any emergencies/operational requirement

after surrendering their original pass port and re-issue of Temporary AEP for

another 03 days shall be subjected to the approval of BCAS.



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ANNEXURE E

Form of Contractor's Tender Bond

To: Bangalore International Airport Limited

Kempegowda International Airport,

Devanahalli,

Bangalore - 560300

This [●] day of [●] 2015,

W H E R E A S [•insert name of the tenderer] (the "Tenderer") is tendering for an

agreement with Bangalore International Airport Limited for the [•insert name of the

project] at Bengaluru International Airport and in this connection a tender bond is

required in the sum of Rs. ______ (Indian Rupees______________ only) or its equivalent.

N O W we, at the request of the Tenderer, undertake in connection with the above tender

to pay you an amount not exceeding a maximum of (insert currency and amount) on

receipt at [●insert address of relevant bank branch] of your first demand in writing,

whether delivered by hand or by fax.

This bond will expire on the (insert date 90 calendar days after tender closing date) 2015

or, if earlier, on the date on which you:

(a) award the above agreement to the Tenderer and the agreement is signed and the

performance securities required thereunder are submitted by the Tenderer in

respect of and in strict accordance with such agreement, or

(b) award the above agreement to another tenderer, or

(c) announce that the above Agreement will not be awarded.

We will have no liability in respect of any claim under this bond received after that date.

This bond shall be governed by the laws of the Republic of India and only the Courts at

Bangalore, India shall have jurisdiction hereunder.

EXECUTED as a deed this [insert day] day of [insert month], 2015.

(signature of authorized signatory)

For and on behalf of (●insert name of bank)

(●insert address and facsimile number)

(Official Stamp if consistent with local usage)