Download doc - GCC SCC Safety Quality requirements of contract -Attachment 1

TENDER DOCUMENT

FOR

MAIN CIVIL WORKS

I N D E X

========================================================================SECTION PARTICULARS PAGE NOS.========================================================================

Section A. NOTICE INVITING TENDER 1

Section B. SCOPE OF WORK 1

Section C. INSTRUCTION TO TENDERERS 1-4

Section D. GENERAL CONDITIONS OF CONTRACT 1-22

Section E. SPECIAL CONDITIONS OF CONTRACT (PART A) 1-10

Section F. SPECIAL CONDITIONS OF CONTRACT (PART B)

Section G. APPENDIX - I - CONTRACT PROVISIONS

APPENDIX - II - BASIC RATES OF MATERIALS

APPENDIX - III - APPROVED MAKE/ BRAND OF MATERIALS

APPENDIX - IV - FORM OF TENDER

APPENDIX - V - ARTICLES OF AGREEMENT

APPENDIX - VI - SAFETY PROVISIONS 1-21

APPENDIX - VII - LIST OF DRAWINGS

APPENDIX - VIII - LIST OF PLANT & EQUIPMENT

APPENDIX - IX - BANK GUARANTEE FORM

APPENDIX - X - CEMENT CONSTANTS

Section H. QUALITY CONTROL 1-5

Section I. SAFETY REQUIREMENTS 1-15

Section J. TECHNICAL SPECIFICATIONS

Section K. NOTES ON BOQ

BILL OF QUANTITIES

=======================================================================

________________ _______________ ________________ ________________ Contractor

Contract Package No: …………. 1.1

Section A: Notice Inviting Tender Page 1 of 1__________________________________________________________________________________________

SECTION A: NOTICE INVITING TENDER

A.1 On behalf of RAMKY ESTATES & FARMS LIMITED (hereafter called as Employer), item rate tender (material + labour) for the construction of Main Civil Works of “RAMKY 1 NORTH”, Yelhanka, Bengaluru is invited.

A.2 The tender consists of Notice Inviting Tender, scope of work, Instructions to tenderers, General conditions of contract, Special Conditions of Contract, Appendix I to X, Quality Control, Safety Requirements, Technical specifications, schedule of items/ Bill of Quantities (BOQ) and drawings which shall form part of Tender Document.

A.3 The tender shall be available from ………….. to …………. at ………………………………,, to selected parties.

A.4 The Earnest money Deposit (EMD) payable in respect of this tender is Rs1,00,000/- (Rupees one lakh Only) and the Demand Draft/ Bank Guarantee/ Bankers Cheque for the said amount in favour of RAMKY ESTATES & FARMS LIMITED, payable at Hyderabad should be enclosed along with the filled in tender, which shall be valid for 6 months, from the last date of submission.

A.5 The successful tenderer will be required to enter into a formal agreement with RAMKY ESTATES & FARMS LIMITED, after issue of Work Order.

A.6 Sealed tender/ quotation with name of work superscribed on the envelope shall be forwarded to (General Manager – P&C), RAMKY ESTATES & FARMS LIMITED, Plot no.23, Rohini Layout, Opp. Cyber Towers, Hitech city, Hyderabad - 500 081, by M/s.……………………. on or before …………..

A.7 Time period for completion of the said works shall be 12 (Twelve) months from the issuance of LOI.

A.8 Tender shall be valid for 90 (Ninety) days from the last day of submission.

A.9 Tenders are "CLOSED TENDERS".

A.10 The RAMKY ESTATES & FARMS LIMITED reserves the right to accept or reject any tender and to annul the tendering process and reject all tenders at any time prior to award of Contract, without thereby incurring any liability to the affected tenderer or tenderers or any obligation to inform the tenderer or tenderers of the grounds for the Employers action. Further, the Employer does not bind himself to accept lowest or any tender.

A.11 Tenders not properly filled, mutilated with incorrect calculations or generally not complying with the conditions may be rejected.

A.12 If the tender is made by an individual, it shall be signed with his full name and his complete address shall be given. If it is made by partnership firm, it shall be signed with the co-partnership name by a member of the firm who shall sign his own name and give the name and address of each partner of the firm and attach a copy of ‘Power of Attorney' with the tender authorising him to sign on behalf of the other partners. A certified copy of the `Registered Partnership Deed' shall also be submitted along with the tender. In case the tender is made by or on behalf of a company incorporated under the Companies Act 1956, it shall be signed by the Managing Director or by one of the Directors duly authorised on this behalf and shall include a copy of the ‘Power of Attorney’ with the tender. A certified copy of the registered Articles of Agreement shall also be submitted along with the tender. The tender should be in a sealed cover.

________________ _______________ ________________ ________________ Contractor


Section B: Scope Of Work Page 1 of 1________________________________________________________________________________

SECTION B: SCOPE OF WORK

B.1 General:

B.1.1 Scope of Work:

The scope of work under this contract is limited to Basement, Stilt, Ground floor and 12 upper floors.

1. Structural civil works including internal & external finishes and external works as per items of BOQ.

2. Pavement around building including earth filling, metal packing, concrete steps to green area.

3. Fixing of sleeves, Inserts, pipes with flanges etc for over head and under ground water tank and retaining walls.

4. Co-ordination with other agencies / Contractors employed for other works.

5. Cleaning of Debris during / after construction.

6. Other works as per Bill of Quantities and Specifications.

7. To rectify the damages to plastering, masonry, concrete works etc., done by the other agencies at site. Full co-operation and co-ordination is required for this.

8. Sharing of resources like construction plant, equipment, scaffolding materials, power & water on chargeable basis (approved by Employer) to other agencies deployed by the Employer.

9. All modifications / alterations as and when required by the Employer.

________________ _______________ ________________ ________________ Contractor


Section C: Instruction To Tenderers Page 1 of 4________________________________________________________________________________

SECTION C: INSTRUCTION TO TENDERERS

C.1 Inspection of Site Etc., Before Submission of Tender

The Contractor shall study the tender document thoroughly, inspect and examine the site and its surroundings, and shall satisfy himself the rates/ prices quoted by him, cover all his obligations for proper and complete performance of the contract before submitting his tender, as to the nature of the ground, sub-soil water conditions, form and nature of the site, the quantities and nature of work and materials required for the completion of the works (which includes power and water), the means of access to the site, the local labour conditions, the accommodation he may require and in general shall obtain all necessary information as to the risks, contingencies and other circumstances which may influence or affect his tender.

C.2.1 Tenders not accompanied with Earnest Money Deposit (EMD) shall be rejected.

C.2.2 EMD will not carry any interest and will be refunded to the unsuccessful tenderers as soon as the contract is awarded. In case of successful tenderer, the same will be treated as part of retention money. If in case, the EMD furnished by the successful tenderer is in the form of bank guarantee, the same shall be converted to demand draft and issued to the employer within 15 (fifteen) days from the date of letter of intent. (The bank guarantee will be released by the employer after the receipt of demand draft.

If after opening the tenders, the tenderer withdraws his offer during the validity period of the tender. EMD shall be forfeited.

C.2.3 Security deposit / Performance Bank Guarantee (PBG)

On acceptance of the Bid, Contractor shall, within the period specified, deposit with Employer a Security Deposit / PBG of 2.5% (two decimal five per cent) of the Value of the Contract and the same shall be in any of the following forms:-

(a) Demand draft.

(b) Bank Guarantee in prescribed Proforma (Appendix IX), executed by a scheduled bank.

If Contractor fails to provide the security deposit / PBG within the period specified, such failure will constitute a breach of the Agreement and Employer shall be entitled to award the work elsewhere at Contractor’s risk and cost.

No claims shall be entertained by Employer, either in respect of interest if any due on security deposits or depreciation in their value from contractor.

Wherever the Security Deposit is furnished by Contractor in any form other than Demand Draft, Contractor shall be entirely responsible to keep such form of security deposit enforceable by Employer by extending the validity thereof, if required, by removing the restrictions thereon, within one month before the enforceability thereof by Employer is likely to expire and keep them enforceable, until released by Employer.

The Security Deposit / PBG shall remain at the entire disposal of Employer as a security of satisfactory execution and completion of the Work(s). Employer shall be at liberty to deduct and appropriate from the Security Deposit / PBG such damages (liquidated or otherwise) and other dues and recoveries from Contractor under this Agreement and the amount by which Security Deposit is reduced by such appropriations will be made up by further deduction from Contractor’s subsequent bills to that extent as to make up the Security Deposit.

________________ _______________ ________________ ________________ Contractor



Employer shall be entitled to enforce any of the approved forms of Security Deposit furnished by Contractor at any time and realise cash thereof irrespective of whether or not Contractor disputes such right. However, if Contractor obtains the extension of the time limit, if any, for the enforceability of such form of Security Deposit and intimates Employer of such extension within one month before expiry, Employer may not enforce such form of Security deposit, unless it has otherwise become enforceable.

On due and satisfactory performance of all the obligations of Contractor under this Agreement including completion of work in all respects carrying out the obligation of Contractor during performance of the contract, security deposit shall be released by Employer subject to recoveries, deductions and retention there from as provided under the agreement.

Security deposit /PBG will not bear any interest whatsoever.

C.3 Modifications to tender documents as and when made shall also form part of the tender documents. The Employer may also extend the date of submission of Tenders.

C.4 The quantity indicated against each item in the Schedule of Items/ Bill of Quantities is

approximate and may decrease or increase substantially. Tenderers shall take due consideration of this, as no claims for loss, compensation or escalation on the grounds of variation in the quantities indicated in the Bill of Quantities will be entertained under any circumstances and the tenderer will not be entitled to prefer any claims whatsoever on these grounds.

C.5 The rates quoted by the tenderer against each item of the Bill of Quantities shall be net for the finished works in all respects inclusive of marking out, cost of all materials including those in Appendices II & III, labour, tools, plant and equipment, duties, taxes, levies, and expenses for observing various statutory laws insurance, their rules and obligations of the Contractor in respect of labour, safety, keeping the site clearing of debris during/ after execution of works, insurances, for the performance of the contract in conformity with the various clauses/conditions stipulated and to the satisfaction of the Employer etc., complete. VAT/ WCT / Service Taxes (as applicable) to be shown separately in the Bill of Quantities.

C.6 All quoted rates shall remain firm for the entire duration of the contract including extension of time, if any, granted by the Employer, and no subsequent claim for extras or escalation whatsoever shall be allowed.

C.7 The Contractor shall inform his Local registration number to the Employer. The Contractor shall give us the details of returns on VAT / Service Taxes in all the invoices for the progressive bills.

C.8 While submitting the tender, all pages and drawings of tender document including corrections, if any, shall be signed or initialled in ink at the lower left hand corner by the tenderer. Tenderer shall also ensure that the form of tender (Appendix IV) is duly filled and returned.

C.9 For the schedule of quantities, the rates shall be written clearly, legibly in figures and in words. In case of doubt, amount given in words will be treated as quoted rate. The amount should also be entered after carefully checking up the unit adopted for the item.

C.10 Blank

________________ _______________ ________________ ________________ Contractor



C.11 On acceptance of tender, the successful tenderer will have to sign the Agreement on the Form of Agreement provided in the Tender document incorporating all arrangements between the parties.

C.12 The successful tenderer shall commence work, at site from the date as mentioned in Appendix- I.

C.13.1 In addition to the security deposit / PBG by way of abundant precaution, retention money will be withheld (and kept in deposit with the Employer) at the rate of 5% (five per cent) of gross value of work done in each R.A. Bill (including Final Bill). Retention money withheld shall bear no interest for the entire duration of the contract (including extention of time if any) and defects liability period.

C.13.2 On satisfactory completion of the work (to be certified by the Employer) and handing over the work to the Employer, 50% (Fifty percent) of total retention money (withheld as per C.13.1 as above) will be refunded to the Contractor against a Bank Guarantee for equivalent amount and valid up to the end of defects liability period. The balance cash retention and the Bank Guarantee will be retained by the Employer as the security against non-compliance with the Contractual obligations / prescribed specifications and defects in defects liability period. The balance retention money will be refunded/ returned to the Contractor after the defects liability period, only after rectification of the defects by the Contractor at his cost, noticed during the defects liability period to the satisfaction of Employer. Bank Guarantee format shall be as per the requirement of the employer.

C.13.3 The Employer shall be free to set off retention money against expenditure incurred by him, in rectification of the defects in case the Contractor fails to attend to the defects in time satisfactorily.

C.14 Every Contractor should furnish along with his tender income-tax clearance certificate and information regarding the income-tax circle of Ward of the District in which he is assessed by income tax, the reference number of assessment and the assessment year.

C.15 Certified copies of registration certificate, partnership deed and Power of Attorney or Articles of Agreement in case of Limited Companies will have to be furnished, for considering the acceptance of the tender.

C.16 Every Contractor should furnish along with his tender, proof of their technical and organisational competence to execute the works of the above nature and magnitude adequately supported with testimonials and certificates from the organisations for whom they executed similar works in the past 5 years.

C.17 The tenderer shall complete and submit the following for the tender to be considered as bonafide:-

1. Complete set of tender documents as given duly filled in and signed by the tenderer.2. The programme schedule of construction and methods statement highlighting

approach to the project. Programme should be inline with the project schedule indicated in the Tender Document.

3. A list of plant and equipment proposed to be deployed at the works in proforma enclosed (Ref. Appendix-VIII).

4. A list of personnel proposed to be employed on the work & Organization chart.5. Safety plan while executing various works.6. Logistics plan and Project Implementation plan.7. Statement of Formwork materials that will be deployed for the project.8. Procurement Plan of materials required for the project

________________ _______________ ________________ ________________ Contractor



C.18 Sufficiency of Tender

The Contractor shall be deemed to have satisfied himself as to the correctness and sufficiency of his tender for the works and of the rates quoted in the priced bill of quantities and shall cover all obligations under the contract and all matters and things necessary for the proper completion and maintenance of the work.

C.19 Clarification before Submitting Tenders

Should the Contractor notice any discrepancy or error in the statement made, or quantities or units shown against items, he shall immediately bring to the notice of the Employer and obtain the clarification before submitting the tender. The tender shall be based on such clarifications received and shall be recorded as such in the covering letter to the tender, failing which the Employer shall have the right to ask the Contractor to execute the work according to the statement made or quantities or units shown in the tender and subsequent addenda if any, without any compensation.

________________ _______________ ________________ ________________ Contractor


Section D: General Conditions Of Contract Page 1 of 22_________________________________________________________________________________

SECTION D: GENERAL CONDITIONS OF CONTRACT

DEFINATIONS AND INTERPRETATION

D.1 Definitions

In the contract (as hereinafter defined) the following words and expressions shall have the meanings assigned to them except where the context otherwise requires.

(a) "Employer" means RAMKY ESTATES & FARMS LIMITED and any legal representative, assigns or successors, in title thereto.

(b) “Contractor" means the person or persons, firm, Company, partnership, Corporation, Joint venture or Consortium of firm / companies, whose tender has been accepted by the Employer and who is undertaking the execution and completion of the Works, under the terms of the Contract and includes the Contractor's personal representatives, legal successors and permitted assigns but not any assign of such person (except with the consent of the employer).

(c) “Engineer / PMC” means the representative of Employer specifically designated by the employer for the purposes of contract and notified in writing to the contractor.

“Engineer Representative” means any resident engineer or assistant of engineer appointed from time to time to perform the duties set forth in clause ______ whose authority shall be notified in writing to the contractor by engineer.

(d) "Works" means Permanent Works and the Temporary Works or either of them as appropriate and be construed and taken to mean the Works by or by virtue of the Contract contracted to be executed whether temporary or permanent and whether original, altered, substituted or additional and includes obligations to be carried out either on the Site or at any factory or workshop or other place for subsequent incorporation, as required for the performance of the Contract.

(e) "Tender" means the Contractor's priced offer to the Employer for the execution and completion of the works and the remedying of any defects therein in accordance with the provisions of the Contract as accepted by Letter of Acceptance.

(f) "Contract" means the agreement entered into between the Employer and the Contractor setting forth the obligations of the parties for the execution of the Works in accordance with the Contract Documents hereinafter defined.

(g) "Contract Documents" means collectively the tender notice, information on tender and instruction to tenderers, scope of works, quality control, safety requirements, general and special conditions of contract, technical specifications, tender drawings, schedules, tender including the Bill of Quantities / Schedule of works and tender prices, letter of acceptance, agreement and all addenda and attachments related to the above and such other documents as may be expressly incorporated in the letter of acceptance.

(h) "Contract Sum" / "Contract Price" / “Contract Value” means the sum stated in the Letter of Acceptance as payable to the Contractor for the execution and completion of the works and the remedying of any defects therein in accordance with the provision of the Contract.

(i) "Contract period / Contract time / Completion Period" means the period of time (number of calendar days or months or years) shown in the tender allowed for completing the execution of the works and passing of the tests on completion of the works as set forth in the contract or as extended under clause calculated from the commencement Date.

________________ _______________ ________________ ________________ Contractor



(j) "Commencement date" means the date from which the Contractor is required to commence works in conformity with the notice issued by the Employer.

(k) "Taking over Certificate" means a certificate issued to clause D9.6.

(l) "Defects Liability period" means the period reckoned from the date of issue of Takingover certificate by the Employer to the date specified in Appendix I during which period the completed works has to function without any trouble and the Contractor shall maintain the Works free of defects.

(m) "Tests on completion" means the tests specified in the Contract or otherwise agreed by the Employer and the Contractor which are to be carried out by the Contractor before the Works or any section or part thereof are taken over by the Employer.

(n) “Taking over Certificate” means a certificate issued by the Employer to record the taking over of the permanent works by the Employer from the Contractor, referred to in Sub-Clause D 9.6.

(o) "Approved" means approval in writing including subsequent written confirmation of previous verbal approval and "Approval" means approval in writing including as aforesaid.

(p) "Contractor's equipment" means all equipment, appliances or things of whatsoever nature (other than Temporary works) required for the execution, completion or maintenance of the works or Temporary works but does not include materials or other things intended to form or forming part of the Permanent Works.

(q) "Day" means a day from midnight to midnight irrespective of the number of hours worked in that day and shall include all calendar days without exception.

(r) "Drawings" means the drawings mentioned in the Contract Document, any modification of such drawings approved in writing by the Employer and such other drawings as may from time to time be furnished or approved in writing by the Employer and all drawings, calculations, samples, patterns, models, operation and maintenance manuals and other technical information of a like nature submitted by the Contractor and approved by the Employer.

(s) "BIS / ISI" means specifications as issued by the Bureau of Indian Standards as current and amended up to thirty days prior to the receipt of Tender.

(t) "Month" means from the beginning of a given date of a calendar month to the end of the preceding date of the next calendar month.

(u) "Plant" means machinery, apparatus and the like intended to form or forming part of the permanent works.

(v) "Permanent Works" means the Permanent work to be executed including plant to be installed in accordance with the contract.

(w) "Retention Money" means the aggregate of all monies retained by the Employer pursuant to Clause C 13.1.

(x) "Rupees" means Rupees of Indian currency and is only the mode of currency applicable for this contract. Other than this currency is called as “Foreign currency”. .

(y) "Section" means a part of the Works specifically identified in the contract as a section.

(z) "Site" means the land and other places on, under, in or through which the works are to be executed or carried out and any other lands or places provided by the Employer for

________________ _______________ ________________ ________________ Contractor



the purposes of the Contract, together with such other places or as may be specifically designated in the contract or subsequently approved as forming part of site.

(aa) "Temporary Works" means temporary works of every kind (other than Contractor's Equipment) required in or about the execution and completion of the works and remedying of defects therein.

(ab) "Specifications" means the specification of the works included in the Contract and any modification thereof or addition thereto made under Clause or submitted by the Contractor and approved by the Employer. The specifications refer to Indian or British standard specifications unless specifically mentioned in Technical specifications.

(ac) "Week" means seven consecutive days without regard to the number of hours worked in any day of that week.

(ad) "Notice in Writing or Written Notice" means any hand written, type written or printed communication including Telex, Cable or facsimile transmission; Related to commercial terms and financial implications are there Telex, Cable or facsimile transmissions to be confirmed in writing subsequently.

(ae) “Materials” means the materials, apparatus, equipment, fittings & things incorporated in the works.

(af) “Bill of Quantities” means the priced & complete bill of quantities forming the part of tender.

(ag) “Sub contractor” means any person, firm named in contract as subcontractor for part of Works or any person, firm to whom part of work has been subcontracted with consent of Engineer and the legal successors in title to such persons, but not any assignee of any such person.

(ah) “Interim Payment Certificate” means any certificate of payment issued by Engineer other than the Final Payment Certificate.

(ai) “Final Payment Certificate” means the certificate of payment issue by the Engineer pursuant to clause _________.

(aj) “Cost” means all expenditure properly incurred or to be incurred whether on or off site including overhead and other charges properly allocable thereto but does not include any allowance for profit.

(ak) “Words” importing the singular only also include the plural and vice versa where the context requires.

ENGINEER AND ENGINEER’S REPRESENTATION

D.2.1 Engineer’s Duties & Authority:

(a) The Engineer shall carry out the duties as specified in his contract agreement with the Employer for the contract.

(b) The Engineer may exercise the authority specified in or necessarily to be implied from the Contract, provided, however, that if the Engineer is required, under, the terms of his appointment by the Employer, to obtain the specific approval of the Employer before exercising any such authority.

(c) Except as expressly stated in the Contract, the Engineer shall have no authority to relieve the Contractor of any of his obligations under the Contract.

________________ _______________ ________________ ________________ Contractor



D.2.2 Engineer’s Representative The Engineer’s Representative shall be appointed by and be responsible to the Engineer and shall carry out such duties and exercise such authority as may be delegated to him by the Engineer to extent as mentioned under clause D 2.1.

D.2.3 Engineer’s Authority to Delegate

Any delegation by Engineer / Engineer’s Representative shall be in writing and shall not take effect until a copy thereof has been delivered to the Employer and the Contractor.

D.2.4 Instructions in Writing

Instructions given by the Employer/Employer's representative shall be in writing, provided that if for any reason the Employer considers it necessary to give any such instruction orally, the Contractor shall comply with such instruction. Confirmation in writing of such oral instruction given by the Employer/Employer's representative whether before or after the carrying out of the instruction, shall be deemed to be an instruction within the meaning of this Sub-clause. Provided further that if the Contractor, within 7 (Seven) days, confirms in writing to the Employer any oral instruction of the Employer and such confirmation is not contradicted in writing within 7 (Seven) days by the Employer, it shall be deemed to be an instruction of the Employer. The provisions of this sub-clause shall equally apply to instructions given by the Engineer’s Representative.

ASSIGNMENT & SUBCONTRACTING

D.3.1 Assignment of Contract

The Contractor shall not, without the prior written consent of the Employer (which consent, shall be at the sole discretion of the Employer), assign the Contract or any part thereof, or any benefit or interest therein or thereunder, otherwise than by:

(a) A charge in favour of the Contractor's bankers of any monies due or to become due under the Contract, or

(b) Assignment to the Contractor's insurers (in cases where the insurers have discharged the Contractor's loss or liability) of the Contractor's right to obtain relief against any other party liable.

D.3.2 Subcontracting – The Contractor shall not subcontract the whole of the Works. Except where otherwise

provided by the Contract, the Contractor shall not subcontract any part of the Works without the prior consent of the Engineer. Any such consent shall not relieve the Contractor from any liability or obligation under the Contract and he shall be responsible for the acts, defaults and neglects of any Subcontractor, his agents, servants or workmen as fully as if they were the acts, defaults or neglects of the Contractor, his agents, servants or workmen

CONTRACT DOCUMENTS

D.4.1 Type of Contract

The Contract shall be an ITEM RATE measurement contract as indicated in the Tender Documents. Detailed measurements of approved items of works as ordered and executed shall be jointly recorded.

D.4.2 Priority of Contract Documents

The several documents forming the Contract are to be taken as mutually explanatory of one another, but in case of ambiguities or discrepancies the same shall be explained and adjusted by the Employer who shall thereupon issue to the Contractor instructions thereon and in such

________________ _______________ ________________ ________________ Contractor



event, unless otherwise provided in the Contract, the priority of the documents forming the Contract shall be as follows:

(1) The Contract Agreement (if completed)(2) The Letter of Acceptance;(3) Special conditions of contract;(4) General conditions of contract;(5) Priced Bill of quantities / schedule of works;(6) Technical specifications;(7) Drawings;(8) Any other document forming part of the Contract.

GENERAL OBLIGATIONS

D.5.1 Contract Agreement

The Contractor shall whenever called upon to do so enter into and execute the Contract Agreement, to be prepared and completed at the cost of the Employer, in the form annexed to these Conditions with such modification as may be necessary.

D.5.2 Work to be in accordance with Contract

The Contractor shall execute, perform and complete the Works and remedy any defects therein in strict accordance with the Contract to the satisfaction of the Employer. The Contractor shall comply with and adhere strictly to the Employer's Instructions on any matter, whether mentioned in the Contract or not, touching or concerning the Works. The Contractor shall take instructions only from the Employer or from the Employer's Representative. Instructions, if any of the Employer, shall also be conveyed by the Employer's representative.

D.5.3(a)Programme to be submitted

The Contractor shall, within a period of 10 (Ten) days after the date of the Letter of Acceptance, submit to the Employer for his consent a programme, in such form and detail as the Employer shall reasonably prescribe, for the execution of the Works. The Contractor shall, whenever required by the Employer, also provide in writing for his information a general description of the arrangement and methods which the Contractor proposes to adopt for the execution of the Works and of the Contractor's equipment and the temporary works which the Contractor intends to provide. All submissions of programme, calculations and other data shall be in three copies.

D.5.3(b)Revised Programme

If any time it should appear to the Engineer that the actual progress of work does not conform to programme to which consent has been given under the preceding Sub-clause D.5.3(a), the Contractor shall produce the revised programme showing the modification to such programme necessary to ensure completion of the works within the Time of Completion.

D.5.4 Contractor's Superintendence

The Contractor shall provide all necessary superintendence during the execution of the Works and as long thereafter as the Employer may consider necessary for the proper fulfilment of the Contractor's Obligations under the Contract.

The Contractor, or a competent and authorised representative approved by the Employer, which approval may at any time be withdrawn, shall give his whole time to the superintendence of the Works. Such authorised representative shall receive, on behalf of the Contractor, instructions from the Employer/ Employer's Representative and such notices and instructions given to the authorised Representative shall be deemed to have been given to the Contractor.

If approval of the representative is withdrawn by the Employer, the Contractor shall, as soon as is practicable, having regard to the requirement of replacing him as hereinafter mentioned, after

________________ _______________ ________________ ________________ Contractor



receiving notice of such withdrawal, remove the representative from the works and shall not thereafter employ him again on the Works in any capacity and shall replace him by another representative approved by the Employer.

D.5.5 Contractor's Employees

The Contractor shall provide on the Site in connection with the execution and completion of the Works and the remedying of any defects therein:

(a) only such technical assistants as are skilled and experienced in their respective responsibilities and such foremen and leading hands as are competent to give proper superintendence of the Works; and

(b) such skilled, semi-skilled, unskilled labour and licensed workmen as are necessary for the proper and timely fulfilling of the Contractor's obligations under the Contract.

(c) The deployment of the Key personnel shall be in accordance with the organisation chart, approved by Employer.

The Contractor shall not employ any person who is under the age of 18 years.

D.5.6 Employer at liberty to object

The Employer/Employer's representative shall be at liberty to object to and require the Contractor to remove forthwith from the works, any person provided by the Contractor who, in the opinion of the Employer, misconduct himself, or is incompetent or negligent in the proper performance of his duties, or whose presence on site is otherwise considered by the Employer to be undesirable, or in the interest of peace and protection of persons and property, and such person shall not be again allowed upon the Works without the consent of the Employer. Any person so removed from the Works shall be replaced as soon as possible.

D.5.7 Setting-out

The Contractor shall be responsible for:

a) Preliminary works such as marking / checking layout of structures on ground and reference lines and fixing temporary bench marks.

b) The accurate setting-out of the Works in relation to original points, lines and levels of reference given by the Employer in writing.

c) The correctness, subject as above mentioned, of the position, levels dimensions and alignment of all parts of the Works, and

d) The provision of all necessary measuring and survey instruments including steel tape, theodolite, Total Station, Auto level etc., appliances and labour in connection with the foregoing responsibilities.

The Contractor shall give to the Employer not less than 24 (Twenty Four) hours notice of his intention to set out or give levels to enable Employer's representative make timely arrangements for giving reference lines, levels and points.

If, at any time during the execution of the Works, any errors appear in the position, levels, dimensions or alignment or any part of the Works, the Contractor, shall at his own cost, rectify such error to the satisfaction of the Employer.

The checking of any setting-out or of any line or level by the Employer shall not in any way relieve the Contractor of his responsibility for the accuracy thereof and the Contractor shall carefully protect and preserve all bench-marks, sight-rails, pegs and other things used in setting out the Works.

________________ _______________ ________________ ________________ Contractor



The Contractor shall take precautions to ensure that the lines, points, bench marks fixed by the Employer are not disturbed and shall make good any damage at his own cost.

D.5.8 Safety, Security and Protection of the Environment.

The Contractor shall, throughout the execution and completion of the works and the remedying of any defects therein:

(a) have full regard for the safety of all persons entitled to be upon the site and keep the Site and the Works in an orderly state appropriate to the avoidance of danger to such persons, and

(b) provide and maintain at his own cost all lights, guards, fencing, warning signs and watching, when and where necessary or required by the Employer or by any duly constituted authority, for the protection of the Works or for the safety and convenience of the public or others and

(d) Supply, fix and maintain at his own cost all necessary centring, scaffolding, staging, planking, timbering, strutting, shoring, pumping, hoarding for the proper performance of the Contract and protection of the said Works. The Contractor shall take down and remove any or all such centring, scaffolding, staging, planking, strutting, shoring, etc. as occasion shall require or when ordered to do so and shall fully reinstate and make good as and when required.

(d) remove all rubbish from the site as it accumulates and keep clean surface and soil drains. All the areas of Contractor's operation shall be cleared before returning them to the Employer.

(e) protect adjoining sites against structural, decorative and other damages that could be caused by the execution of the Works and make good damage, if any.

D.5.9 Care of Works

The Contractor shall take full responsibility for the care of the Works, materials and Plant for incorporation therein and for taking precaution to prevent loss or damage and to minimise loss or damage to the greatest extent possible that may happen to the Works, material and Plant from the commencement date until the date of issue of Taking-Over-Certificate for the whole of the Works. When the responsibility for the said care shall pass to the Employer, provided that the Contractor shall take full responsibility for the care of any outstanding Works, materials and Plant for incorporation therein which he undertakes to finish during the Defects Liability Period until such outstanding Works have been completed.

D.5.10 Responsibility to Rectify Loss or Damage

If any loss or damage happens to the Works, or any part thereof, or materials or Plant for incorporation therein, during the period for which the Contractor is responsible for the care thereof, from any cause whatsoever including neglect of himself, of his employees, of his sub-Contractor and his employees, other than the risks defined in Sub-Clause D.5.11, the Contractor shall, at his own cost, rectify such loss or damage so that the Permanent Works conform in every respect with the provision of the Contract to the satisfaction of the Employer. The Contractor shall also be liable for any loss or damage to the Works occasioned by him for the purpose of complying with the obligations under clauses D. 10 & D. 11.

D.5.11 Risks for which Contractor is not responsible

The Contractor will not be responsible for loss or damage to the Works arising out of:

a. War, hostilities, war like operations (whether war be declared or not), invasion, act of foreign enemies;

________________ _______________ ________________ ________________ Contractor



b. rebellion, revolution, insurrection, or military or usurped power, or civil war:

c. ionising radiation’s, or contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component thereof;

d. loss or damage directly due to the use or occupation by the Employer of any Section or part of the Permanent Works, except as may be provided for in the Contract:

e. loss or damage to the extent that it is due to the design of the Works, other than any part of the design provided by the Contractor or for which the Contractor is responsible.

D.5.12 Insurance of Works

Without limiting the Contractor's obligations and responsibilities mentioned elsewhere the Contractor shall insure the entire works covered in this contract and take a consolidated ‘Contractor's All Risk' (CAR) Policy to cover all obligations of the Employer. The contractor shall also ensure to take insurance cover workmen compensation as well as Third party liability covering both Contractor & Employers as beneficial. Contractor will be required to indemnify the Employer at all times against this liability.

The CAR Policy shall be taken for a sum, which is 15% (fifteen percent) higher than the value of contract after including the cost of all materials to be supplied by the Employer (either supplied free of cost or at a basic rate). The said CAR policy shall be valid for 6 (Six) months beyond the date of completion and extension of time if any. The Employer shall be the beneficiary and the Contractor shall deposit the CAR policy with the Employer.

Not withstanding stated above, the Employer reserves the right to obtain the “Contractor all Risks Policy” on behalf of the Contractor and debit the relevant charges to the Contractor. However, the responsibilities of follow-up & required assistance to the Insurance authority in case of any claims/clarifications and submission of any relevant Documents will be of the Contractor.

D.5.13 Blank

D.5.14 Contractor's obligation for compliance in respect of CAR Policy

It is obligatory for the Contractor to comply with various terms and conditions of this Policy. In the event of loss / damage, Contractor will assist Employer to establish claims under this Policy by furnishing necessary documentary evidence. In case the Contractor fails to produce adequate evidence and any claim under this Policy which is not accepted by Insurance Company, the Contractor will be liable to make good the loss resulting therefrom at his cost and the said cost will be recovered by the Employer from the Contractor's bills.

D.5.15 Damage to persons and property

The Contractor shall, except if and so far as the Contract provides otherwise, indemnify the Employer against all losses and claims in respect of:

(a) death of or injury to any person, or

(b) loss or damage to any property

which may arise out or in consequence of the execution and completion of the Works and the remedying of any defects therein, and against all claims, proceedings, damages costs, charges and expenses whatsoever, in respect thereof or in relation thereto.

________________ _______________ ________________ ________________ Contractor



D.5.16 Third Party Insurance

The Contractor shall cover Third Party liability from third Party as mentioned in D.5.12, all liabilities for death, injury and damage or loss to property (includes neighbours) arising out of the performance of contractor.

D.5.17 Accident or injury to Workmen

The Employer shall not be liable in respect of any damage or compensation payable to any workman or other person in the employment of the Contractor or any Sub-Contractor. The Contractor shall indemnify and keep indemnified the Employer against all such damages and compensation, against all claims, proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto.

The Contractor shall also consider insurance to cover assault or injury to any of their employees.

The Contractor shall also report to the Employer any accident taken place at Site within 24 hours of its occurrence.

D.5.18 Insurance against Accident to Workmen

The Contractor shall insure against such liability and shall continue such insurance during the whole of the time that any persons are employed by him on the Works. Provided that, in respect of any persons employed by any Sub-Contractor, the Contractor's obligations to insure as aforesaid under this Sub-Clause shall be satisfied if the subcontractor shall have insured against the liability in respect of such persons in such manner that the Employer is indemnified under the policy, but the Contractor shall require such Sub-Contractor to produce to the Employer, when required, such policy of insurance and the receipt for the payment of premium for the current policy.

D.5.19 Responsibilities for Workmen

The Contractor shall at all times indemnify the Employer against all claims, damages or compensation under the provisions of the Payment of Wages act, 1938, Minimum Wages Act, 1948, Employer's Liability Act, 1938, Workmen's Compensation Act, 1923, Fatal Accidents Act, Apprentices Act, 1961, Industrial Disputes Act, 1947, and Contract Labour (Regulation and Abolition) Act, 1970 or any modification thereof or any other Law relating thereto (including common law) and Rules made thereunder from time to time.

D.5.20 Compliance with Statutes, Regulations

The Contractor shall conform in all respects, including by the giving of all notices and the paying of all fees, with the provisions of:

(a) any National or State Statute, Ordinance, or other Law, or any regulation, or bye-law of any local or other duly constituted authority in relation to the execution and completion of the Works and the remedying of any defects therein, and

(b) the rules and regulations of all public bodies and companies whose property or rights are affected or may be effected in any way by the Works, and

(c) the requirements of any water, lighting and other Companies or Authorities with whose systems the Works is proposed to be connected,

and the Contractor shall keep the Employer indemnified against all penalties and liability of every kind for breach of any such provisions. The Contractor shall bring to the notice of the Employer all notices required by the said Acts, Regulations or Bye-laws to be given to any Authority by the Employer and also obtain necessary approvals / sanctions of the authorities at his cost, Provided always the Employer shall be responsible for obtaining any planning, zoning or other similar

________________ _______________ ________________ ________________ Contractor



permission required for the Works to proceed. The Contractor shall deposit the receipts of payments with Employer.

D.5.21 Opportunities / facilities for Other ContractorsThe Contractor shall, in accordance with the requirements of the Employer, afford all reasonable opportunities and facilities including sharing of available supply of Water and Electric power for carrying out their work to:

(a) any other Contractors employed by the Employer and the Workmen,

(b) the workmen of the Employer, and

(c) the workmen of any duly constituted authorities who may be employed in the execution on or near the Site of any work not included in the Contract or of any contract which the Employer may enter into in connection with or ancillary to the Works.

D.5.22 Contractor to keep Site clear

During the execution of the Works, the Contractor shall keep the Site clean and free from debris, all unnecessary obstruction and shall store or dispose of any Contractor's Equipment and surplus materials and clear away and remove from the Site any wreckage, rubbish or Temporary Works no longer required.

D.5.23 Clearance of Site on completion

Upon the issue of any Taking-Over-Certificate, the Contractor shall clear away and remove from the part of the Site to which such Taking-Over-Certificate relates all Contractor's Equipment, surplus material, rubbish and Temporary Works of every kind, and leave such part of the Site and Works clean and in a workmanlike condition to the satisfaction of the Employer so that the part of Works and Site are fit for immediate occupation. Provided that the Contractor may be permitted with specific approval of the Employer to retain on Site, until the end of the Defects Liability period, with such materials, Contractor's Equipment and Temporary Works as are required by him for the purpose of fulfilling his obligations during the Defects Liability period. However no labour shall be allowed to stay at site after the issue of taking over certificate.

D.5.24 Co-ordination and Periodical Review Meetings

In addition to the weekly co-ordination meetings, periodical Review meetings between the Employer and the Contractor shall be held at least once in a fortnight to review progress and take remedial actions for adhering to the Programme. A Partner or a Senior Representative of the Contractor who enjoys the authority to take spot decisions shall attend such meetings.

The Contractor shall submit to the Employer four days in advance of the review meetings the progress made during the previous month and the programme for the current month. The aforesaid meetings may be held at closer intervals if the situation warrants.

D.5.25 Amenities for Labour at Site

The Contractor should ensure that the following minimum requirements as per the Labour Act should be made available at site at his cost.

a) Proper and clean canteen for workers.

b) Adequate number of Toilet / Urinals for Ladies and Gents with proper maintenance, Boards and Figures.

c) Medical Room with a qualified First Aid in-charge, First Aid Box and a Bed should be kept in the Medical Room.

________________ _______________ ________________ ________________ Contractor



d) Children Creche with a trained Ayah and with a provision of Milk, Biscuits, Indoor Games, Drinking Water and with some sleeping space for the small children.

e) The Labour hutments should be provided with potable drinking water and central washing place. No Labour hutments shall be provided at site.

f) A Register for Fatal/Non-Fatal injuries is to be maintained at the site.

g) The minimum wages of Local State as applicable to construction workers is to be displayed at the site.

D.5.26 Interference with Traffic and Adjoining Properties

All operation necessary for execution and completion of the works and the remedying of any defects therein shall, so far as compliance with the requirements of the Contract permits, be carried on so as not to interfere unnecessarily or improperly with:

(a) the convenience of the public, or

(b) the access to, use and occupation of public or private roads, railways, footpaths and any other right of way to or of properties whether in the possession of the Employer or of any other person.

The Contractor shall indemnify the Employer in respect of all claims, proceedings, damages, costs, charges and expenses whatsoever arising out of, or in relation to, any such matters insofar as the Contractor is responsible therefor.

LABOUR

D.6.1 Engagement of Staff & Labour

The Contractor shall, unless otherwise provided in the Contract, make his own arrangements for the engagement of all staff and labour, local or other and for their payment, housing, feeding and transport. The Contractor shall employ labour in sufficient number to maintain the required rate of progress and of quality to ensure workmanship of the degree required by the Specifications and to the satisfaction of the Employer.

D.6.2 Observance of various Laws

The Contractor shall in respect of labour directly employed by him or indirectly employed through Sub-Contractors or through labour pieceworkers employed by him comply with or cause to be compiled with the provisions of the various Labour Laws and Rules and Regulations for the time being in force as applicable to them in regard to all matters provided therein including Contract Labour (Regulation and Abolition) Act 1970, Equal Remuneration Act, 1976, Factories Act, Minimum Wages Act, Provident Fund Regulations, Employees Provident Fund Act and Schemes made under the Act, Payment of Wages Act, 1936, Employees Liability Act, 1938, Workmen's Compensation Act, 1923, Industrial Disputes Act 1947 and Maternity Benefit Act and shall indemnify the Employer in respect of all claims that may be made against the Employer for non-compliance thereof by the Contractor.

Notwithstanding anything contained herein, the Employer may take such actions as may be necessary for compliance of the various laws, Rules and Regulations and recover the cost thereof from the Contractor.

The contractor shall be responsible for the observance of various laws by Sub-contractors employed by him in execution of this contract.

________________ _______________ ________________ ________________ Contractor



D.6.3 Safety Provisions

The Contractor shall at his own expense arrange for the safety provision as detailed in "General Safety provisions" (Appendix VI) and also provide all facilities in connection therewith in respect of labour directly employed by him or indirectly employed through Sub-Contractors, and shall indemnify the Employer in respect of all claims that may be made on the Employer for non compliance thereof by the Contractor. In case the Contractor fails to make arrangements and provide necessary facilities as aforesaid, the Employer shall be at liberty to make arrangements and provide facilities as aforesaid and recover the costs incurred on that behalf from the Contractor.

D.6.4 Wage Record

The Contractor shall maintain records of Wages and other remuneration paid to his Employees in such form as may be convenient and to the requirements of the Employer and the Labour Dept. of the Government and the same shall include the following particulars of each worker:

a) Name, Worker's Number and Gradeb) Rate of Daily or Monthly wagec) Nature of Work on which employedd) Total number of days worked during each wage periode) Total amount payable for the work during each wage periodf) All deductions made from the wage with details in each case of the ground for which the

deduction is made.g) Wage actually paid for each wage period.

The Contractor shall provide a Wage slip for each worker employed on the Works. The Wage Records and Wage Slips shall be preserved for at least 12 (Twelve) months after the last entry.

D.6.5 Inspection of Wage Records

The Contractor shall allow inspection of the aforesaid Wage Records and Wage slips at a convenient time and place after due notice is received, to the Employer or any other person authorised by him on his behalf. The Contractor shall extend full co-operation to the Inspecting officers of the Labour Department and ensure compliance with the requirements observed by the Inspecting Officers.

D.6.6 First aid Facilities

The Contractor shall provide and maintain adequate first aid facilities on the Site to the approval of the Employer.

MATERIAL, PLANT AND WORKMANSHIP

D.7.1 Quality of Materials, Plant And Workmanship

All materials, Plant and workmanship shall be(a) of the respective kinds described in the Contract and in accordance with the Employer's

Instructions, and

(b) subjected from time to time to such tests, as the Employer may require at the place of manufacture, fabrication or preparation, or on the site or at such other place or places as may be specified in the Contract, or at all or any of such places.

The Contractor shall provide all documents and other information necessary for testing and such assistance, labour, electricity, fuels, stores, apparatus and instruments as are normally required for examining, measuring and testing any materials or Plant and shall supply samples of

________________ _______________ ________________ ________________ Contractor



materials, before incorporation in the Works, for testing as may be selected and required by the Employer. The Contractor shall furnish to the Employer / Engineer all certificates, invoices, accounts, Vouchers, etc., to prove that the materials are of the quality specified.

D.7.2 Samples

All samples shall be supplied by the Contractor at his own cost if the supply thereof is clearly intended by or provided for in the Contract. Samples shall be submitted for approval at least 30 (thirty) days in advance of the date, the particular work involving the use of the materials for which samples are submitted is scheduled to begin.

The works shall be in accordance with the approved samples.

Where special brands or makes are specified, they are mentioned to indicate the standard of quality of the material. Others of equal quality may be permitted by the Employer / Engineer. Adjustment in prices, if any, shall be decided by the employer.

D.7.3 Cost of Tests

The cost of making any test shall be borne by the Contractor if such test is

(a) clearly intended by or provided for in the Contract, or

(b) particularised in the Contract (in cases only of a test under load or of a test to ascertain whether the design of any finished or partially finished work is appropriate for the purposes which it was intended to fulfil in sufficient detail to enable the Contractor to price or allow for the same in his Tender).

D.7.4 Rejection

The Employer / Engineer determines that the materials or plant are defective or otherwise not in accordance with the Contract, he may reject the materials or Plant and shall notify the Contractor thereof immediately. The Contractor shall then promptly make good the defect or ensure that rejected materials or Plant comply with the Contract. If the Employer so requests, the tests, of rejected materials or Plant shall be made or repeated under the same terms and conditions. All costs incurred by the Employer / Engineer by the repetition of the tests shall be recoverable from the Contractor by the Employer and may be deducted from any monies due or to become due to the Contractor.

D.7.5 Examination of Work before Covering up

No part of the Works shall be covered up or put out of view without the approval of the Employer / Engineer and the Contractor shall afford full opportunity for the Employer / Engineer to examine and measure any such part of the Works which is about to be covered unto or put out of view and to examine foundations before any part of the Works is placed thereon. The Contractor shall give reasonable notice to the Employer / Engineer whenever any such part of the Works or foundations is or are ready or about to be ready for examination and the Employer / Engineer shall, without unreasonable delay, unless he considers it unnecessary and advises the Contractor accordingly, attend for the purpose of examining and measuring such part of the Works or of examining such foundations. Where the Works involve more than one stage / process, the Contractor shall give notice when each stage / process is ready to enable inspection by the Employer's Representative.

D.7.6 Removal of Improper Work, Materials or Plant

The Employer / Engineer shall have authority to issue instructions from time to time for:

(a) The removal from the Site, within such time or times as may be specified in the instruction, of any materials or Plant which, in the opinion of the Employer, are not in accordance with the Contract.

________________ _______________ ________________ ________________ Contractor



(b) The substitution of proper and suitable materials or Plant, and

(c) The removal and proper re-execution, not withstanding any previous test thereof or interim payment thereof, of any work which, in respect of

(i) materials, plant or workmanship, or

(ii) design by the Contractor or for which he is responsible,

is not, in the opinion of the Employer, in accordance with the Contract.

D.7.7 Inspection of Operations

The Employer, his associate Consultants and any person authorised by him, shall at all reasonable times have access to Site and to all workshops and places where materials or Plant are being manufactured, fabricated or prepared for the Works and the Contractor shall afford every facility for and every assistance in obtaining the right to such access.

D.7.8 Inspection and Testing

The Employer / Engineer shall be entitled, during manufacture, fabrication or preparation to inspect and test the materials and Plant to be supplied under the Contracts. If materials and Plant are being manufactured, fabricated or prepared in workshops or places other than those of the Contractor, the Contractor shall obtain permission for the Employer to carry out such inspection and such testing shall not release the Contractor from any obligation under the Contract.

D.7.9 Independent Inspection

If the Employer so desires, he may delegates inspection and testing of materials or Plant to an independent inspector.

SUSPENSION

D.8.1a) Suspension of Work

The Contractor shall, on the instructions of the Employer, suspend the progress of the Works or any part thereof for such time and in such manner as the Employer may consider necessary for whatever may be the reasons and shall, during such suspension, properly protect and secure the Works or such part thereof so far as is necessary in the opinion of the Employer.

D.8.1b) Delays and Extension of time

Also the Employer shall grant a fair and reasonable extension to the Contractor for completion of the work if,

(a) By force majure or

(b) ---Blank----

(c) By reason of proceedings taken or threatened by or dispute with adjoining or neighbours or public authorities arising otherwise than through the Contractor.

(d) By the works or delays of other Contractors or tradesman engaged or nominated by the Employer and not referred to in the schedule of quantities or in the contract document.

(e) By reason of civil commotion, local combination of workmen or strike or lookout affecting any of the building trades or,

________________ _______________ ________________ ________________ Contractor



(f) In consequence of the Contractor not having received in due time the necessary instructions from the Employer for which he shall have specifically applied for in writing.In such cases with a written notice to the Employer, the Contractor shall nevertheless constantly use his endeavours to prevent delay and shall do all that may reasonable be required to the satisfaction of the Employer to proceed with work.

The Contractor shall not be entitled to any financial compensation or compensation in any form in respect of any extension of time granted by the Employer.

Except the conditions as mentioned in above clause, if employer feels the reason for extension of time is not proper & reasonable; the employer reserves the right to provide the extension of time for contract by imposing the clause 9.5.

D.8.2 Determination of extension of time following suspension

Where, pursuant to Sub-Clause D.8.1(a) & (b), this Sub-Clause applies the Employer shall determine any extension of time to which the Contractor is entitled.

D.8.3 Resumption of Works after the Period of Suspension

The Contractor shall resume the works immediately after the receipt of order to resume works but under any circumstances not later than 10 (Ten) days from the date of receipt of such order. However, the Contractor will not be entitled for compensation in any form due to suspension of works.

COMMENCEMENT AND DELAYS

D.9.1 Commencement Of Works

The Contractor shall mobilise his Plant, Equipment and Labour immediately after issue of LOI by Employer and commence work. Date of Commencement of work will be reckoned stipulated in the Appendix I.

D.9.2 Time of Completion

The whole of the works, and if applicable, any section required to be completed within a particular time as stated in the appendix to Tender, shall be completed, in accordance with the provisions of clause D.9.5 within the time stated in the Appendix I of Tender for the whole of the works or the section (as the case may be), calculated from the Commencement date, or such extended time as may be allowed by the Employer.

D.9.3 Restriction on working hours

Subject to any provision to the contrary contained in the Contract, none of the Works shall, save as hereinafter provided, be carried on during the night or on locally recognised days of rest without the consent of the Employer, except when work is unavoidable or absolutely necessary for the saving of life or property or for the safety of the Works, in which case the Contractor shall immediately advise the Employer. Provided that the provisions of the Clause shall not be applicable in the case of any work which it is customary to carry out by multiple shifts.

D.9.4 Rate of Progress

If for any reason, rate of progress of the Works or any section is at any time, in the opinion of the Employer, is too slow to comply with the Time for Completion, the Employer shall so notify the Contractor who shall thereupon take such steps as are necessary, subject to the consent of the Employer, to expedite progress so as to comply with the Time for Completion. The Contractor shall not be entitled to any additional payment for taking such steps.

________________ _______________ ________________ ________________ Contractor



If, as a result of any notice given by the Employer under this Clause, the Contractor considers that it is necessary to do any work at night or on locally recognised days of rest, he shall be entitled to seek the consent of the Employer so to do with the provision that any additional lighting required shall be provided by the Contractor at his expense. Provided that if any steps taken by the Contractor in meeting his obligations under this clause, involve the Employer in additional supervision costs, such costs shall be recoverable from the Contractor by the Employer, and may be deducted by the Employer from any monies due or to become due to the Contractor. The Contractor shall ensure minimum noise and disturbance during night working and shall indemnify the Employer from and against all claims, demands, proceedings, costs, charges and expenses whatsoever in regard or in relation to such liability.

D.9.5 Liquidated damages for delay

If the Contractor fails to comply with the Time for Completion in accordance with Clause D.9.6, for the whole of the Works or, if applicable, any Section within the relevant time prescribed by Clause D.9.2, then the Contractor shall pay to the Employer the relevant sum stated in the Appendix I to Tender as liquidated damages for such default representing the Employer's genuine pre-estimate of the damages likely to be suffered by him without reference to actual loss and not as a penalty (which sum shall be the only monies due from the Contractor for such default) for every day which shall elapse between the relevant Time for Completion and the date stated in a Taking-over Certificate of the whole of the Works or the relevant Section, subject to the applicable limit stated in the Appendix I to Tender. Incase the employer identifies the contractor is failing to reach the targeted timelines even after being given extension of time beyond six months with or without Liquidated Damage, the employer shall have the right to terminate the contract. The Employer may, without prejudice to any other method of recovery, deduct the amount of such damages from any monies due or to become due to the Contractor. The payment or deduction of such damages shall not relieve the Contractor from his obligation to complete the Works, or from any other of his obligations and liabilities under the Contract nor prejudice exercising any other right or remedy of the Employer available under the Contract.

D.9.6 Taking over Certificate

When the whole of the Works have been substantially completed and have satisfactorily passed any Tests on Completion prescribed by the Contract, the Contractor may give a notice to that effect to the Employer, accompanied by a written undertaking to finish with due expedition any outstanding work during the Defects Liability Period. Such notice and undertaking shall be deemed to be a request by the Contractor for the Employer to issue a Taking-over Certificate in respect of the Works. The Employer shall, within 21 (Twenty One) days of the date of delivery of such notice, issue a Taking-over Certificate, stating the date on which, in his opinion, the Works were substantially completed in accordance with the Contract, or give instructions in writing to the Contractor specifying all the work which, in the Employer's opinion, is required to be done by the Contractor before the issue of such Certificate. The Employer shall also notify the Contractor of any defects in the Works affecting substantial completion that may appear after such instructions and before completion of the Works specified therein. The Contractor shall be entitled to receive such Taking-over Certificate within 21 (Twenty One) days of completion, to the satisfaction of the Employer, of the Works so specified and remedying any defects so notified.

DEFECTS LIABILITY

D.10.1 Defects Liability Period

Defects Liability Period shall be 12 (Twelve) months from date of virtual completion and issue of Taking over Certificate.

________________ _______________ ________________ ________________ Contractor



D.10.2 Defects liability period of special works

Contractor shall obtain necessary guarantee for the performance and maintenance of such specialist works such anti-termite treatment, waterproofing treatment, etc., on a format approved by the Employer before commencement of such specialist works.

D.10.3 Contractor's failure to carry out instructions

In case of default on the part of the Contractor in carrying out such instruction within a reasonable time, the Employer shall be entitled to employ and pay other agency / persons to carry out the same work which, the Contractor was liable to do at his own cost under the Contract, then all costs consequent thereon or incidental thereto shall be recoverable from the Contractor by the Employer, and may be deducted by the Employer from any monies due or to become due to the Contractor and the Employer shall notify the Contractor accordingly, and the balance shall be paid by the Contractor within 30 (Thirty) days of demand. The Employer shall also have the option, to retain an amount equal to the anticipated cost of execution of all such work of amendment, modification and remedying defects together with incidental charges. The fact that Works had been passed or payments had been made for the Works which was defective, imperfect and not in accordance with the Contract shall not be a plea for delaying the aforesaid work of amendment, modification and remedying defects.

D.10.4 Contractor to Search

If any defect, shrinkage or other fault in the Works appears at any time prior to the end of the Defects Liability Period, the Employer may instruct the Contractor, to search for the cause thereof. If such defect, shrinkage or other fault is one for which the Contractor is liable, the cost of the Work carried out in searching as aforesaid shall be borne by the Contractor and he shall in such case remedy such defect, shrinkage, damages for other works due to search or other fault at his own cost in accordance with the provisions of Clause D.10.1 to D.10.3.

ALTERATIONS, ADDITIONS AND OMISSIONS

D.11.1 Variations

The Employer shall make any variations of the form, quality or quantity of the works or any part thereof that may, in his opinion be necessary and for that purpose, or if for any other reason it shall in his opinion be appropriate, he shall have the authority to instruct the Contractor to do and the Contractor shall do any of the following, provided however, that no work that radically changes the original nature and scope of the Contract shall be ordered as a variation.

(a) increase or decrease the quantity of any work included in the Contract.

(b) omit any such work

(c) change the character or quality or kind of any such work.

(d) change the levels, lines, position and dimensions of any part of the Works.

(e) execute additional work of any kind necessary for the completion of the Works,

(f) change any specified sequence or timing of construction of any part of the Works.

No such variation shall in any way vitiate or invalidate the Contract, but the effect, if any, of all such variations shall be valued in accordance with Clause D.11.4. Provided that where the issue of an instruction to vary the Works is necessitated by some default of or breach of contract by the Contractor or for which he is responsible, any additional cost attributable to such default shall be borne by the Contractor.

It is brought to the notice of the Contractor that there may be substantial variation either plus or minus in the quantities of the items of work. Contractor shall take due consideration of this. No claims for loss, compensation or escalation on the grounds of increase / decrease in the

________________ _______________ ________________ ________________ Contractor



quantities indicated in the tender schedule of quantities will be entertained under any circumstances nor will the Contractor be entitled to prefer any claims whatsoever on these grounds.

D.11.2 Instructions for Variations

The Contractor shall not make any such variation without an instruction of the Employer. Provided that no instruction shall be required for increase or decrease in the quantity of any work where such increase or decrease is not the result of an instruction given under this Clause, but is the result of the quantities exceeding or being less than those stated in the Bill of Quantities / Schedule of Works.

D.11.3 Valuation of Variations

All variations referred to in Clause D 11.1 to D 11.2 and any additions to the Contract which are required to be determined in accordance with Clause D.11.4 (for the purposes of this Clause referred to as 'varied work') shall be valued at the rates and prices set out in the Contract if the same shall be applicable. If the Contract does not contain any rates or prices applicable to the varied work, the rates and prices in the Contract shall be used as the basis for valuation so far as may be reasonable, if the varied item can be derived from a quoted item. If the varied item cannot be derived from any of the quoted items, the rates shall be based on market rates of materials delivered at Site plus reasonable wastage plus labour plus 10% (Ten percent) to cover overheads and profits. Until such time as rates or prices are agreed or fixed by the Employer, provisional rates or prices to enable on-account payment to be included in certificates issued in accordance with Clause D 14.2 and the Contractor shall not suspend or delay execution of items pending finalisation of rates or prices by the Employer and the Contractor cannot claim any extra amount / rate due to non-finalisation of rates in time.

D.11.4 Documents required for preparation of rates based on market rates

The Contractor shall furnish to the Employer such quotations, receipts or other vouchers, wage records as may be necessary for fixation of rates for variation based on market rates and also to prove the amounts paid. The Contractor shall submit to the Employer quotations of materials for his approval. The valuation of such items shall be done in accordance to clause D.11.3

D.11.5 Measurements of items involving variation

Measurement of items involved in variations shall also be carried out simultaneously with the execution of work.

CONTRACTOR’S EQUIPMENT, TEMPORARY WORKS AND MATERIALS

D.12.1 Contractor's Equipment, Temporary works and Materials. Exclusive use for the Works

All Contractor's Equipment, Temporary Works and materials provided by the Contractor shall, when brought on to the Site, be deemed to be exclusively intended for the execution of the Works and deemed to be the property of the Employer and the Contractor shall not remove the same or any part thereof except for the purpose of moving it from one part of the Site to another, without the consent of the Employer, which shall not be unreasonably withheld, where the equipment are not required for the purpose of completion of the Works. Provided that consent shall not be required for vehicles engaged in transporting any staff, labour, Contractor's equipment Temporary Works, Plant or materials to or from the Site.

D.12.2 Employer not liable for Damage

The Employer shall not at any time be liable for the loss of or damage to any of the said Contractor's Equipment and Temporary Works due to any reason including those mentioned in clause D 5.11

________________ _______________ ________________ ________________ Contractor



D.12.3 Storage of materials

The Contractor shall provide and maintain weatherproof sheds for storage and working areas for materials, mixing of concrete, casting yards, etc. both for his own use and the Employer and clear away same on completion.

D.12.4 Making good of damaged services, etc.

The Contractor shall make good at his own cost all damages to telephone, telegraph and power cables, sewers, water or other pipes at the sole discretion of the Authority or Company responsible for the same. The said Authority or Company may elect to make good the damage themselves or request the Contractor to do so. The cost incurred in so doing shall be paid by the Contractor to the Authority or Company on demand.

MEASUREMENT

D.13.1 Item Rate Contracts

Measurement of items ordered and executed shall be jointly recorded which shall be the basis for payment.

D.13.2 Method of Measurement

The items shall be measured, notwithstanding any general or local custom, according to the mode of measurements stated in the particular specifications. Where no specific method is stated in the Particular Technical Specifications/BOQ, the measurements shall be according to the Indian Standard Method of Measurements, including revisions / amendments issued up to 30 (Thirty) days prior to the date of receipt of tenders, as published by the Bureau of Indian Standards. In case no standard for measurement is available, measurements shall be taken net. The measurements shall be taken as per IS: 1200 except & unless specified in BOQ / Technical specifications.

D.13.3 Final Measurements

Final measurements shall be taken after issue of Taking-Over-Certificate.

D.13.4 Measurements before covering up

Measurements shall be recorded before covering up.

CERTIFICATES AND PAYMENTS

D.14.1 Mobilisation Advance

On written application from the Contractor, the Employer may grant an interest free mobilisation advance as mutually agreed. The mobilisation advance will be provided on the contract value excluding the cost of materials to be supplied by the Employer.

The mobilisation advance shall be released against submission of Bank Guarantee for an equivalent amount on approved pro-forma. The mobilisation advance will be released after satisfactory submissions of documentary evidence that this amount of mobilisation advance shall be used for procurement of materials / equipment / labour for work. The advance shall be secured by a Bank Guarantee from a Nationalised / Scheduled Banks for the amount of Mobilisation advance.

The total recovery of Mobilisation advance paid as mentioned above shall be made by deduction from the contractors interim bills before 85% of the project contract value is achieved. The

________________ _______________ ________________ ________________ Contractor



amount of the mobilisation advance, which may be given to the contractor shall be at the sole discretion of Employer.

D.14.2 Correction of Certificates

The Employer may by any interim certificate make any correction or modification in any previous certificate which shall have been issued by him and shall have authority, if any work is not being carried out to his satisfaction, to omit or reduce the value of such work in any interim certificate and interim certificate shall be considered as only advance against final payment and not as payments for works actually done, completed and approved and shall not preclude the requiring of bad, unsound, imperfect or unskilled work or materials to be removed and taken away and thereafter reconstructed with proper materials and workmanship.

D.14.3 Final Certificate

Within 90 (Ninety) days after receipt of the Final Statement, and the written discharge, the Employer shall issue a Final Certificate stating

(a) the Final Sum, which, in the opinion of the Employer, is finally due under the Contract, and

(b) after giving credit to the Employer for all amounts previously paid by the Employer and for all sums to which the Employer is entitled under the Contract, the balance, if any, due from the Employer as the case may be.

(c) the amount of liquidated damages that stands recoverable under Clause D.9.5.

(d) the amount to be withheld for rectification of defects and incidental charges thereon in accordance with clause D.10.2 and D.10.3

(e) provided however, that the Employer shall issue a Final Certificate only after the Contractor furnishes Às Built' drawings.

D.14.4 Method of Payment

All payments to Contractor shall be made by means of crossed cheque only on any bank in which the Employer has an account or through ECS facility whichever is convenient to the Employer.

D.14.5 Statutory deductions at source will be done as stipulated by Central and State Government.

REMEDIES

D.15.1 Default of Contractor

If the Contractor is deemed by law unable to pay his debts as they fall due, or enters into voluntary or involuntary bankruptcy, liquidation or dissolution (other than a voluntary liquidation for the purposes of amalgamation or reconstruction), or becomes insolvent, or makes an arrangement with, or assignments in favour of, his creditors, or agrees to carry out the Contract under a committee of inspection of his creditors, or if a receiver, administrator, trustee or liquidator is appointed over any substantial part of his assets, or if under any law or regulation relating to reorganisation, arrangement or readjustment of debts proceedings are commenced against the Contractor or resolutions passed in connection with dissolution or liquidation or if any steps are taken to enforce any security interest over a substantial part of the assets of the Contractor, or if any act is done or event occurs with respect to the Contractor or his assets which, under any applicable law has a substantially similar effect to any of the foregoing acts or events, or has an execution levied on his goods, or if the Employer certified, that, in his opinion, the Contractor.

________________ _______________ ________________ ________________ Contractor



a) has repudiated the Contract, or

b) without reasonable excuse has failed to commence the Works in accordance with Sub-clause D.9.1 or

c) has failed to comply with a notice issued pursuant to Sub-clause D.7.4 or an instruction issued pursuant to Sub-clause D.7.6 within 30 (Thirty) days after having received it, or

d) despite previous warning from the Employer, in writing, is otherwise persistently or flagrantly neglecting to comply with any of his obligations under the Contract, or

e) has contravened Sub-Clause D.3.

then the Employer may, after giving 14 (Fourteen) days' notice to the Contractor, and upon the Contractor not taking any action for remedying the default when such action is possible in the opinion of the Employer, and notwithstanding any previous waiver, enter upon the Site and the Works and terminate the employment of the Contractor without thereby releasing the Contractor from any of his obligations or liabilities under the Contract, or affecting the rights and authorities conferred on the Employer or his representative by the Contract, any may himself complete the Works or may employ any other Contractor to complete the Works.

The Employer or such other Contractor may use for such completion so much of the Contractor's Equipment, Temporary Works and materials as he or they may think proper. The Contractor shall not in anyway interrupt or do any act, matter, or thing to prevent or hinder the Employer or any other Contractor to complete the Works or for use of materials, Contractor's Equipment and Temporary Works.

D.15.2 Payment after termination

If the Employer terminates the Contractor’s employment under the Clause D.9.5 & D.15.1, he shall not be liable to pay to the Contractor any further amount (including damages) in respect of the Contractor until the expiration of the Defects Liability Period and thereafter until the costs of execution, completion and remedying of any defects, damages for delay in completion (if any) and all other expenses incurred by the Employer have been ascertained and the amount thereof certified by the Employer. The Contractor shall then be entitled to receive only such sum (if any) as the Employer may certify would have been payable to him upon due completion by him after deducting the said amount. If such amount exceeds the sum which would have been payable to the Contractor on due completion by him, then the Contractor shall, upon demand, pay to the Employer the amount of such excess and it shall be deemed a debt due by the Contractor to the Employer and shall be recoverable accordingly. The Employer shall have the option to sell the Contractor’s equipment, Temporary works, unused materials and other assets of the Contractor at site and adjust the proceeds in satisfaction of the demand made on the Contractor.

PROCEDURE FOR CLAIMS

D.15.3 Notice of claims

Notwithstanding any other provision of the Contract, if the Contractor intends to claim any additional payment pursuant to any Clause of these Conditions or otherwise, he shall give notice of his intention to the Employer, within 21 days after the event giving rise to the claim has first arisen. Failure to give such notice shall be considered as voluntary withdrawal of claim by the Contractor and consequently extinguished.

________________ _______________ ________________ ________________ Contractor



D.15.4 Termination of Contract for death

If the Contractor is an individual or the proprietor of a firm is an individual or if a Partner of a Partnership firm dies, unless the Employer is satisfied that the legal successor of the individual or the proprietor or surviving partner(s) are capable of carrying out and completing the Contractor satisfactorily, the Employer shall have the option to terminate the Contract without compensation to the Contractor.

D.15.5 Urgent Remedial Works

If, any reason of any accident, or failure, or other event occurring to, in or in connection with the works, or any part thereof, either during the execution of the Works, or during the Defects Liability Period, any remedial or other work is, in the opinion of the Employer urgently necessary for the safety of the Works and the Contractor is unable or unwilling at once to do such work, the Employer shall be entitled to employ and pay other persons to carry out such works as the Employer may consider necessary. If the work or repair so done by the Employer is work which, the Contractor was liable to do at his own cost under the Contract, the all costs consequent thereon or incidental thereto shall be recoverable from the Contractor by the Employer, and may be deducted by the Employer from any monies due or to become due to the Contractor.

SETTLEMENT OF DISPUTES

D.16. Settlement of Disputes - Arbitration

All dispute and differences of any kind whatever, arising out of or in connection with the contract, or carrying out of the works,(whether during the progress of the works or after their completion and whether before or after the termination, abandonment or breach of the contract)shall be referred to and settled by the Employer who shall state his decision in writing. Such decision may be in the form of a Final Certificate or otherwise. The decisions of the Employer with respect to any of the expected matters shall be final, and without appeal as stated in the preceding clause. But if the Contractor be dissatisfied with the decision of the Employer on any matter, question or dispute of any kind (except any of the excepted matters) or as to the withholding by the Employer of any certificate to which the Contractor may claim to be entitled, then and in any such case, either party (the Employer or the Contractor) may within twenty-eight days after receiving notice of such decision, give a written notice to the other party, requiring that such matter in dispute be arbitrated upon.

Such written notice shall specify the matters which are in dispute and no other, shall be, and is hereby referred to the arbitration. The Arbitrator or Arbitrators shall be appointed by both the parties, or in case of disagreement as to the appointment of single Arbitrator, one to be appointed by each party. Before taking upon themselves the burden of reference however, the two Arbitrators shall appoint an Umpire.

Arbitrator, the Arbitrators or Umpire shall have power to open up, review and revise any certificate, opinion, decision, requisition or notice, save in regard to the Èxcepted matters' referred to in the preceding clause, and to determine all matters in dispute which shall be submitted to him or them of which notice shall have been given as aforesaid.

Upon every or any such reference, the cost of the reference and Award shall be in the discretion of the Arbitrator or the Arbitrator or the Umpire, as the case may be, who may determine the amount thereof; and shall direct by whom and to whom and in what manner the same shall be borne and paid. The award of the Arbitrator or Arbitrators or the Umpier as the case may be shall be final and binding on the parties. It is agreed that the Contractor shall not delay the works by reason of any such matters, question or dispute being referred to Arbitration, but shall proceed with the work with all due diligence and shall, until the decision of the Arbitrator or Arbitrators of the Umpire by given abide by the decision of the Employer and no award of the Arbitrator or the Arbitrators or the Umpire, shall relieve the Contractor of his obligations to adhere strictly to the Employer's instruction with regard to the actual carrying out of the works. The Employer and the

________________ _______________ ________________ ________________ Contractor



Contractor hereby also agree, that Arbitration under this clause shall be a condition precedent to any right of action under the contract.

D.17 Possession of site The Employer will with the notice to commence the works given to the Contractor, the Possession of the site and such access that is to be provided by the Employer as may be required to enable the Contractor to commence and proceed with the execution of the works.

________________ _______________ ________________ ________________ Contractor


Section E: Special Conditions Of Contract Page 1 of 10

__________________________________________________________________________________________

SECTION E: SPECIAL CONDITIONS OF CONTRACT

PART A

E.1.0 Interpretation

Special conditions shall be read in conjunction with general conditions of contracts. They shall be considered as mutually explanatory to one another. However, in case of discrepancy, special conditions shall take precedence over the general conditions of contracts.

E.2.0 Land for offices, Labour Shed, Stores etc.

E.2.1 The Contractor shall have to make his own arrangements for land as may be required by him for housing of staff and labour. However, area available on the site shall be allowed to be used by the Contractor for erection of office, store sheds, godowns, workshops etc. as approved by Employer. Contractor shall make his own supplementary arrangements if this area is not suitable or insufficient.

E.3.0 Water

The Water for construction purpose and other activities shall be arranged by the Contractor at his own cost including distribution network, etc complete and the rates are deemed to have included for the same.

E.4.0 Electricity

The Electric Power for the Construction purpose shall be arranged by the Contractor at his own cost, including distribution network, etc complete, and the rates are deemed to have included for the same.

E.5.0 Royalty payment for collection of materials

The Contractor shall be responsible for payment of royalty for materials as applicable to the authorities of the state. Contractor shall indemnify the Employer from the all Royalty charges applicable.

E.6.0 Materials from excavation

The Contractor may be allowed use of sand, gravel, stone obtained during excavation at the site and payment shall be made to the Employer at rates determined by the Employer. However, no charges shall be effected for use of soil within site obtained from excavation.

E.7.0 Leave recesses, make chases etc.

The Contractor shall leave / make chases, recesses, holes, openings as may be required and make good the same without any extra payment.

E.8.0 Site, Access, Working Timings, Plants & EquipmentE.8.1 Site

Contracts in the field of finishes, plumbing, electrical, lifts, systems, etc. shall be mobilising almost concurrently to achieve well co-ordinated planned and programmed operations at site. As stated in clause 2 of this section space available is limited. In view of this the Employer shall allocate available space, looking at priorities of contract programme and requirements in general. The decision of the Employer in this regard shall be final and without appeal. No claim on account of non availability of space at site shall be allowed for extension of time or for additional cost to contractor.

________________ _______________ ________________ ________________ Contractor

Contract Package No: ……………………………….


__________________________________________________________________________________________

E.8.2 Access & Working Timings

Tenderers are requested to note all regulations of traffic as applicable and therefore, receiving material at site in restricted hours shall be studied. Working hours for activities which are likely to be nuisance shall have to be carried out in restricted hours, if imposed by local authorities in the course of time and shall be enforced without any additional time and extra cost to the Employer. Co-ordinal relation with neighbour shall be maintained at the Contractor’s cost.

E.8.3 Wayleaves and facilities

The Contractor shall bear all costs and charges for special or temporary wayleaves required by him in connection with access to the site. The Contractor shall also provide at his own cost any additional facilities outside the Site required by him for the purpose of the Works.

E.9 Protection of trees and shrubs

Trees and shrubs designated for preservation by the Employer shall be protected during execution of the works.

E.10. Tests on materials and works

The Contractor shall carry out tests (at his cost and the quoted rates are deemed to be included for) on materials, completed items of works, at site, laboratory, test house etc. all as detailed in the particular specifications and as required by the Employer.

E.11. Site order book

The Contractor shall maintain a site order book on which the Employer and his representative shall record instructions, a copy of which shall be handed over to the Employer periodically. The Contractor shall promptly comply with such instructions.

E.12. Blasting of rocks

No blasting permitted under any circumstances without the prior approval of Employer.

E.13. Procurement of materials

The Contractor shall discharge payments to suppliers of materials promptly and produce necessary proof to this effect, whenever called upon to do so by the Employer.

Successful Contractor on award of contract has to furnish the schedule of procurement of materials to suit the schedule of construction and obtain Employer's approval in advance for getting any material.

E.14. Completion Drawings

The Contractor shall prepare and submit to the Employer three sets of "AS BUILT" Drawings and reproducible of same as approved by the statutory authorities.

The "AS BUILT" drawings and reproducible shall show the layout of cables, pipes, ducts, etc. both within the building and outside, in case these items are included in the scope of the Contract and the drawings and reproducible shall be of an acceptable standard.

E.15. Heights / Depths

________________ _______________ ________________ ________________ Contractor



__________________________________________________________________________________________

Contractor shall include for working at all heights / depths as shown in the drawings / schedule of works and nothing extra shall be payable.

E.16. Taxes, etc.

The contract rates shall be deemed to include for all royalties, taxes (other than VAT & Service Tax), duties, levies, toll taxes, octroi and other charges of similar genesis etc. that are in force and those that may be levied / withdrawn till completion of the contract. Service Tax applicable if any, on client supplied materials will be borne by the Employer.

WCT & SERVICE TAX SHALL BE SHOWN SEPARATELY IN THE PRICING OF THE BOQ

E.17. Supply of materials by the Employer

The Employer shall have the right at his sole discretion to supply any material at the site of works. Recovery for such supply shall be effected at the basic rates given in Appendix II from the R.A. bill following such supply.

The Contractor shall be deemed to have satisfied himself about the quality of materials before incorporation in the works.

E.18. Prevention of pollution

The Contractor shall take all reasonable precautions to prevent pollution of water, air and surroundings.

Before any demolition work is commenced and also during the process of demolition, following precautions shall be taken:

a) All roads and open areas adjacent to the works shall be either closed or suitably protected.

b) No electric cable or apparatus which is liable to be a source of danger shall be electrically charged.

c) All practical precautions shall be taken to protect and prevent danger to persons employed from risks of fire or explosion or flooding. Floor, roof or other parts of building shall not be overloaded with debris or materials to render it unsafe.

E.19. Banks to be approved by the Employer

The Contractor shall obtain the approval of the Employer for the name of the Bank from whom the Bank Guarantee is to be obtained in a format approved by the employer.

E.20. Drawings

The Contractor shall not disclose details of drawings furnished to him and works on which he is engaged without the prior approval of the Employer. No photograph of the works or any part thereof shall be taken except for the purpose herein stated, or permitted by the Contractor to be taken without the approval of the Employer.

E.21. Indebtedness

________________ _______________ ________________ ________________ Contractor



__________________________________________________________________________________________

The Employer may withhold any money due to the Contractor for clearing indebtedness of the Contractor to the sub-Contractor, suppliers, hirers, workers, staff, etc.

E.22. Change in constitution

If the Contractor is a proprietary firm or a firm of partners shall notify the Employer of any changes in the constitution of the firm.

E.23. Governing law and court's jurisdiction

The contract shall be governed by and constructed in accordance with the laws of India and no suit or other proceeding relating to the contract shall be filed or taken by the Contractor in any court of law except in Bangalore, which alone shall have exclusive jurisdiction to hear and determine all actions and proceedings in connection with and arising out of the contract and the Contractor shall submit to the jurisdiction of the aforesaid court of law for the purpose of any such action and proceedings.

E.24. Time of completion

E.24.1 Period for construction for scope of work as detailed in the Tender Documents which is inclusive of monsoon period from date of start of project.

E.24.2 The successful tenderer shall furnish detail programme of works (M.S. Project) to the Employer after the final round of discussion before getting the Letter of Intent / Work Order.

E.24.3 The programme so submitted shall be well co-ordinated with "stagewise payment schedule".

E.24.4 The accepted programme shall be the basis for evaluation of rate of progress.

E.25. Insurance

E.25.1 The Contractor shall be responsible for the safety of all employees and/or workers employed or engaged by him on and in connection with the works and shall forthwith report all cases of accidents to any of them, however caused and whenever occurring, to the employer or his representative and shall make every arrangement to render all possible assistance and aid to the victims of the accident.

E.26 Drawings

E.26.1 Issue of Drawings

Three sets of drawings approved for construction will be issued to the Contractor progressively during the contract period and the Contractor shall arrange for the execution of the works and the procurement of materials accordingly. The Contractor shall give adequate notice in writing to the Employer of any further drawings or specifications that may be required for the execution of the works or otherwise under the contract. Additional drawings/specifications will be issued to him on payment.

E.26.2 Copies of drawings to be kept at site

One copy of the drawings furnished to the Contractor as aforesaid shall be kept at the site and the same shall at all reasonable times be available for inspection and use by the Employer or his representative and by any other person authorised by the Employer in writing.

E.26.3 Issue of further drawings and instructions

________________ _______________ ________________ ________________ Contractor



__________________________________________________________________________________________ The Employer shall have full power and authority to supply to the Contractor from time to time

through his representative, during the progress of the works such further drawings and instructions as shall be necessary for the purpose of proper and adequate execution and maintenance of the works and the Contractor shall carryout and be bound by the same.

E.26.4 Ownership of drawings

All drawings supplied to the Contractor are deemed to be the property of the Employer. The Contractor agrees both on behalf of himself and his employees, and sub-Contractors, whether during or after completion of the contract not to divulge or use, except for the purpose of this contract, any information contained in the drawings.

E.26.5 Execution as per drawings

The Contractor must not vary or deviate from the drawings in any respect while executing the work or executing any extra work of any kind whatsoever unless authorised by the Employer.

E.26.6 Plans and drawings to be submitted by the Contractor

The Contractor shall submit the following information in triplicate to Employer for approval within the time stipulated each item below: -

a) A general tentative layout plan of construction plant and equipments for the execution of work within “10 days” from the date of receipt of work order.

b) Drawings or prints showing the location of major plants and other facilities which he proposes to put up at the site, including any changes in the general layout, at least “7 days” prior to the commencement of the respective work.

c) Layout and details of temporary works that the Contractor wants to carry out to fulfill his obligation under the contract, within 10 days from the date of the work order.

d) Shop drawings are required for formwork schemes, BBS and any other structural steel works if any.

Within “15 days” the Employer will give their approval/comments sufficient to proceed with the work or objections/instructions to the Contractor based on which the drawings shall be revised and submitted again for approval by the Contractor.

All these plans and drawings submitted by the Contractor and approved by the Employer shall become part of the contract.

E.27 The Contractor has to insure his staff, men, materials, machinery, equipment etc., the premium of which shall be paid by the Contractor, to the satisfaction & requirement of the Employer.

E.28 For the materials supplied by the Employer either at a BASIC RATE or FREE OF COST as stipulated in the Tender Document, it would be the responsibility of the Contractor to unload/ stack/ shift within the site of work as required for all leads and lift and to safe guard the materials and the quoted rates are deemed to include for the above.

E.29 Foreclosure of contract in full or in part due to Abandonment or Reduction in scope of work.

If at any time after commencement of work, the Employer decides to abandon or reduce the scope of the works to be carried out, the Employer shall give notice in writing to that effect to the Contractor and the Contractor shall have no claim of whatsoever nature consequent to abandoning and thus resulting in foreclosure of the whole or part of works upon such intimation this contract shall stand cancelled and terminated.

________________ _______________ ________________ ________________ Contractor



__________________________________________________________________________________________

E.30 The Sub-Contractor carrying out plumbing works should possess valid license issued by relevant competent authority.

E.31 The Sub-Contractor carrying out the Electrical works should possess valid class I license issued by the relevant competent authority.

E.32 Sanitation & Drainage during Construction:

The Contractor shall provide sanitation and drainage facilities on the site as stated subsequently.

The Contractor shall strictly control the labour so that the site is not polluted, made dirty or littered with debris, wastes or the likes.

Any person found creating mess or litter or pollution shall be removed from the site immediately at Contractor's cost.

The Contractor shall provide sanitation facilities at convenient locations on site to preserve the cleanliness of the site. The effluent shall be directed as follows:

- Waste water : Collection and pumping out and disposal off the site in approved manner.

- Sewage : Septic tank provision - sludge to be collected and disposed off at intervals as directed.

The location of the above provisions shall be as marked on the site mobilisation scheme drawing.

E.33 Reports by Contractors.

a. The Contractor shall file daily category-wise labour return. The report shall indicate scheduled requirement against actual strength.

b. The Contractor shall prepare weekly reports of planned and actual progress of work and subsequent week's scheduled work. These will also include material procurement status. These reports shall be submitted to employer and shall be reviewed in weekly co-ordination meeting.

c. The Contractor shall submit monthly report along with monthly bills.

d. Further progress charts and schedules shall be prepared by the Contractor as directed by the employer like three months look ahead schedule, tracking schedule with baseline.

e. The Contractor shall submit re-conciliation statement of all the materials supplied by the client, along with every running bill.

f. Concrete pour card, approved BBS sheets.

g. Method statement of all activities which the Employer desires,

h. Daily progress report.

and any report called for by the Employer’s representative based on project requirement.

E.34 DELETED

________________ _______________ ________________ ________________ Contractor



__________________________________________________________________________________________

E.35 Facilities at site

The Contractor shall provide at all items for the duration of the contract survey instruments for the exclusive use of Employer as directed by Employer for carrying out of his duties in connection with the contract.

Such instruments which must be approved by the Engineer, shall include but not limited to the following:

- One total station capable of reading to 1 second.- One Auto Level with tripod.- Two metric leveling staffs not less than 3.5mtr high.- One 100 meter rustproof steel band, three 30 meter rustproof steel tape - An adequate number of ranging rods drop arrows, wooden setting-out pegs, etc.

The Contractor shall be solely responsible for all such instruments and equipments and shall ensure that they are at all times in good repair and adjustment.

E.36 The Contractor shall not employ any person who has not completed eighteen years of age and shall indemnify the Employer regarding any penalty/compensation arising out of non-adherence to statutory regulations / Law.

E.37 Details to be Confidential

The Contractor shall treat the details of the Contract as private and confidential, save insofar as may be necessary for the purpose thereof, and shall not publish or disclose the same or any particular hereof in any trade or technical paper or elsewhere without the previous con-sent in writing of the Employer.

E.38 Work shall be planned to ensure the scheduled completion with least disturbance to the neighbourhood.

E.39 Any worker Employed by the main Contractor or his Sub Contractors working without person-nel Protective equipment will not be permitted.

E.40 Dumping / Storing of any materials will not be permitted \on the main approach in the site.

E.41 The debris of the building and its surrounding during construction should be cleared everyday at his own cost.

E.42 Escalation for the basic rates of materials (except for materials supplied by the Employer) shall be provided as mentioned below:

1. The Escalation to the basic rates of materials as provided in Appendix – II shall be applicable if the variation difference is beyond 5% as per the Cement index for cement & SAIL Index for steel. The same difference between the basic rates and the invoice value shall be paid or recovered in Total to/from the contractor.

Eg: If the Basic Rate of Material = Rs 100 per UnitEscalation not applicable range = Rs 95 to 105 per unit

Case 1: If the rate of unit is Rs 108; then escalation amount payable to con-tractor is

= Rs (108 – 105) * No of units with that price= Rs 3 * No. of Units with that price

________________ _______________ ________________ ________________ Contractor



__________________________________________________________________________________________

Case 2: If the rate of unit is Rs 93; then difference amount to be recovered from contractor is

= Rs (95-93) * No. of units with that price= Rs 2 * No. of units with that price.

SECTION F: SPECIAL CONDITIONS - PART `B'

F.1. The Contractor should construct a weatherproof cement godown of storage capacity of 15,000 bags to 20,000 bags at his cost and the space for the same shall be provided by the Employer. Godown will have to be demolished by the Contractor at his own cost and cleared after work is completed.

For this contract, the contractor shall establish dedicated batching plant of suitable capacity near to site and proportionate cement godown shall be constructed on his own.

Block making unit may be established along with the batching plant near to site to facilitate the requirement of the project under this contract.

F.2. DELETED.

F.3. Formwork & scaffolds:

a. Wooden ballies SHALL NOT BE USED for props/scaffolds.b. For centering/shuttering/formwork, steel adjustables props/beam span, steel plates/floor

form and FILM COATED WATERPROOF PLYWOOD only are to be used.c. Formwork for columns, beams and walls shall be out of film coated plywood only.d. Scaffolds for finishing work such as plastering/ painting/working at heights shall be out of

steel tubular H-Frames with proper steel working platforms.

F.4. The Contractor should obtain/take all the necessary licences/ insurance policies as mentioned in Tender document and submit to Employer, the proof of same.

F.5. a. GI Sheet Barrications – deleted

F.6 In case of the Employer supplied materials, the contractor shall give an indent to the Employer for the procurement of cement (for all works other than site batching plant concrete work) in ad-vance of one month, considering the lead time required for the procurement. The Employer will supply ordinary portland cement at basic price (landed price at site) mentioned in Appendix II. However, if the Employer directs the contractor, he will have to procure the cement of the brand as approved by the Employer and difference in cost will be to the Employer's Account. Empty bags (good condition) shall be returned to Employer and it will be the property of the Employer.

________________ _______________ ________________ ________________ Contractor



__________________________________________________________________________________________F.7 The quoted rates shall include for the wastages on cement for Masonry works and the recovery

shall be for actual quantity supplied to the Contractor as follows:-

a) Upto the wastage limit of 2% of the : at the basic rate as mentioned in Appendix II theoretical consumption

b) Beyond the wastage limit of 2% of the : at the basic rate mentioned in Appendix II or theoretical consumption at prevalent market rate at the time of

reconciliation or cost of last procurement of that excess quantity, which ever is higher.

F.8. The Employer may supply reinforcement steel to the contractor free of cost in available length and sections in the market, either in straight length, bent form or coil form.

The contractor shall give an indent to the Employer for the procurement of steel in advance of one month, considering the lead time required for the procurement, and in available lengths and sections in the markets.

The contractor has to give the reconciliation of steel (diameter-wise) supplied by the Employer in every interim Bill.

Wastage of 2.5% (two decimal five percent) i.e., 0.5% towards invisible & 2 % towards visible wastage shall be allowed for the reinforcement steel supplied by the Employer excluding for the rolling margin. The quantity in excess of the billed quantity shall be recovered from the Contractor at the rates at which these excess quantities were procured by the Employer.

The rate quoted shall include the following for the fabrication of reinforcement steel:

a)Providing and fixing of concrete/PVC cover blocks.b)Cutting, bending, placing and fixing in positionc)Providing and tying of binding wired)Unauthorized laps, spacers bars, chairs etc.,e)Rolling Margin and related conversion factors.f) Cleaning of barsg)Unloading from lorry, handling from stores and leading of placement.h)Restacking of steel from House Keeping point of view.i) Straightening of bars either from bent form or coil form

The work shall be measured considering the theoretical unit weights of reinforcement steel as mentioned in the technical specifications. The variation due to rolling margin shall be considered only for the reconciliation of steel and not for measurement/payment. The material consumed for spacer bars, pins & chairs also will be considered only for the reconciliation of steel and not for measurement / payment. However the wastage limit is permitted to only 2.5%.

The contractor’s representatives shall be available for noting the weight of steel at Weigh Bridge as and when required at his cost and acknowledge the same.

F.9. All the Surplus material indented by Contractor and supplied by Employer shall be recovered from the contractor at the rates at which these excess quantities were procured by the Employer.

F.10. The contractor shall indent for the materials (which have to be supplied by the Employer free of cost, and other than steel and cement which are as detailed above) well in advance considering the lead time required for the supply. The Contractor to give proper reconciliation of materials supplied by the Employer.

________________ _______________ ________________ ________________ Contractor



__________________________________________________________________________________________

F.11. The materials supplied to the contractor beyond wastage limit as specified below will be recovered from the Contractor at the rates at which these excess quantities were procured by the Employer unless otherwise specified.

F.12. The Scrap arrived by wastage in steel as mentioned in clause F.8 shall be the Employer’s Property. Contractor shall provide the discount to Employer on unit Rate of Steel, considering selling of the scrap on written approval by the Employer. The Basic selling price of the scrap to be considered for quote is mentioned in Appendix – II.

Contractor shall stack the scrap arrived by permitted wastage under proper vigilance and shall not dispose the scrap until written permission from Employer is obtained.

________________ _______________ ________________ ________________ Contractor


Section G: Appendix of Contract Page 1 of 21________________________________________________________________________________

SECTION G: APPENDIX - I: CONTRACT PROVISIONS

Sl# Description Sec/Clause Remarks

1 Validity of Tender A890 (Ninety) days from the last day of submission of tender.

2 Earnest Money Deposit (EMD) A4, C.2.1 &

C.2.2Rs 1,00,000/- (Rupees one Lakh Only)

3Date of Commencement of work at site

A 7, D.9.1 10th February 2011.

4 Completion Period A 7, D.9.2 12 Months.

5Minimum Value of Work for interim certificate (payable amount)

5% of Contract Value

6a) Period of honouring Interim

certificate by the Employer

70% (seventy five percent) of net amount after all recoveries and as recommended after scrutiny by our site representative within 14 (fourteen) working days from the date of submission of the bill along with the Measurements and supporting details by the Contractor. Balance amount after certification within 28 (Twenty Eight) days from the date of the submission of the bill by the Contractor.

b)Period of honouring final bill D.14.3

Within 90 (ninety) days after the receipt of final measurements, reconciliation & bill from Contractor and 28 days after issue of taking over certificate whichever is later.

7 Retention Money C.13.15% (Five Percent) of Gross value of Work done

8Release of Retention Money to Contractor

C.13.2 & C.13.350% (Fifty percent) after issue of Taking over Certificate against bank guarantee

50% (Fifty percent) after expiry of defects liability period

9 Amount of Liquidated Damages D.9.50.5% (Decimal five percent) per week of the accepted total contract value.

10 Limit of Liquidated Damages D.9.55% (Five percent) of the accepted total contract value.

11 Defect Liability Period D.10.112 (Twelve) months from date of "Taking over Certificate".

12 Statutory deductions D.14.5Tax deducted at source by the Employer shall be as stipulated by Central / state Government.

Eg: Adhoc payment will be as calculated below:

Gross recommended interim certification = Rs 100Less: Recoveries on Mobilization advance, materials supply, Retention, applicable taxes etc., = Rs 25Net Recommended Interim Certification = Rs 75.Adhoc recommendation (70% on Net recommendation) = Rs 75 x 70% = Rs 52.50

________________ _______________ ________________ ________________ Contractor



APPENDIX - II: BASIC RATE OF MATERIAL

1. The Employer may supply ordinary Portland cement at a basic price (landed price at site) of Rs.250/- per bag of 50 kgs each, for works other than site concrete works. However, if the Employer directs the contractor, he will have to procure the cement of the brand as approved by the Employer.

2. The quoted rates for other works than concrete shall include for the wastage of cement and the recovery shall be for actual quantity supplied to the contractor as mentioned in clause F7.

3. Employer reserves the option to supply any of the materials against the basic rates as mentioned in the Bill of Quantities and this annexure.

4. The below mentioned materials shall be procured by the Employer and will be provided to the contractor to execute the work as per GCC and Technical specifications.

However, Contractor shall need to quote the item rates considering the basic rates mentioned below.

a) Cement : Rs 250 / 50 kgs of bag

b) Reinforcement : Rs 33000 / MT

c) Cement for concrete (Supplied in Bulkers) : Rs 4 per Kg.

d) Cement for concrete (supplied in Bags) : Rs 250 per Bag of 50 Kgs.

e) Scrap Steel (as arrived by 2.5% wastage) : Rs 18,000 /MT

Items c & d as mentioned above are applicable only for escalation clause.

5. Recovery on Excess wastage:

As mentioned in clause F7 & F8

6. Contractor need to supply reconciliation statement on the client supplied materials on monthly basis along with the RA bills.

7. Recovery for Client Supplied Materials:

The Recovery for the client supplied materials shall be done in Interim Payment Certificates i.e., Interim Bills of Contractor. Quantity for recovery shall be the sum of quantity claimed by the contractor in interim bill and the Excess wastage beyond permissible wastage (as mentioned in clause F7 & F8). For the balance supplied quantity, contractor will be liable to employer till the Full quantity is recovered excluding the permitted wastage.

________________ _______________ ________________ ________________ Contractor



APPENDIX - III: APPROVED MAKE/ BRAND OF MATERIALS

ITEMS APPROVED BRANDS

1. Cement : ICI / Penna / Ultratech / Birla group / As approved by the Employer

2. Structural Steel : SAIL / TISCO / VSP / JINDAL / As approved by the Employer

3. Reinforcement : SAIL / TISCO / VSP / JINDAL / As approved by the Employer

4. Waterproofing compound : SIKA/ Accoproof/ CICO No.1/ Impermo / Fosroc / As Approved by the Employer

Note:

1. All materials supplied to have I.S.I. approval/ marking.2. The Contractor should consider the basic rate of major materials of above list and these basic

rates are only for price adjustments for the deviation/ substitutions and not for escalation.3. The choice of approval for alternate makes shall lie with the Employer and contractor to obtain

written approval before procuring and quoted rates are deemed to be included for any make.4. Contractor shall submit MTC for all materials procured by contractor.

________________ _______________ ________________ ________________ Contractor



APPENDIX - IV: FORM OF TENDER

To:

General Manager – P&C, RAMKY ESTATES & FARMS LIMITED, Plot no.23, Rohini Layout, Opp. Cyber Towers, Hitech city, Hyderabad - 500 081,

NAME OF WORK:

Construction of Shell & Core works at Ramky 1 North project, Yelahanka, Bengaluru.

Dear Sir,

1. Having examined the drawings, specifications, schedule of items and all other tender documents, relating to the work under reference and having visited and examined the site of the proposed works and having acquired all requisite information and having obtained all clarifications, relating thereto as affecting the tender invited by you, we the undersigned, hereby offer to construct, execute, complete and maintain the proposed works in strict accordance with all the tender requirements for the item rate tender amount of Rs. .....................… (Rupees ............................................ ...................................................................... ............................................... only).

2. We undertake to complete and deliver the whole work within 12 (twelve) months from the date of commencement as may be provided in the Work Order issued by M/s RAMKY ESTATES & FARMS LIMITED, under forfeitures as stated in the contract for every day that the works shall remain incomplete after the expiry of the aforesaid period, as liquidated and pre-ascertained damages.

3. We further agree to a deduction of Retention Money as per tender document of the gross of the work completed progressively, as retention amount. We further agree that should the value of the work completed exceed the accepted tender amount then the deduction on the excess value shall be 5% (Five Percent) for the same purpose. M/s RAMKY ESTATES & FARMS LIMITED, shall return 50% of this total retention amount to us on completion of the work against Bank Guarantee of equal amount and settlement of all claims and disputes if any. The remaining 50% of that amount shall be refunded at the end of the defects liability period.(With the release of the Bank Guarantee against first release of Retention)

Yours faithfully,

(Signature of tenderer with name and rubber stamp)

________________ _______________ ________________ ________________ Contractor



APPENDIX - V: ARTICLES OF AGREEMENT ( To be Vetted by Liasoning Team)

ARTICLES OF AGREEMENT made this .... day of ...........BETWEEN

M/s. …………….., ”………………………….. (hereinafter called the Èmployer' which expression shall unless repugnant, to the subject or context mean and include its successor-in-office, successor-in-title and successor-in-interest and assigns) of the ONE PART;

A N DM/S……………………………………… , (hereinafter called the `Contractor' which expression shall unless repugnant to the subject or context mean and include their legal heirs, executors and administrators) of the OTHER PART; WHEREAS the EMPLOYER is desirous of providing "___________________________________________" for their project known as “…………….………” (hereinafter called the `WORK') and has drawn up specifications showing and describing the work to be done.

AND WHEREAS the specific conditions and specifications showing and describing the details of the work required to be done are contained in a Work Order dated .......... and bearing No................. and annexed hereto as Work Order(hereinafter referred to as the `said Work Order').

AND WHEREAS the EMPLOYER and the CONTRACTOR have agreed upon certain amounts / rates and terms of payment for the said work to be paid as per the said Work Order No......... dated........

NOW THEREFORE IT IS HEREBY AGREED BETWEEN THE EMPLOYER AND CONTRACTOR AS FOLLOWS:

1. The CONTRACTOR shall carry out the work, for the consideration and at the rates and terms referred to herein and upon and subject to the terms and conditions contained in the said WORK ORDER.

2. The EMPLOYER shall be liable to pay to the CONTRACTOR the said consideration or such other sum or sums as shall become payable only as per the conditions contained in the said Work Order.

3. GENERAL CONDITIONS:

a) The CONTRACTOR shall carry out and complete the entire work in every respect as per the instructions of EMPLOYER and to the satisfaction of the EMPLOYER, and shall not vary or deviate from the plans and specifications contained in the Work Order without the express written consent of the Employer.

b) During the progress of the work, the work and all materials used by / issued to the CONTRACTOR shall remain at the CONTRACTOR'S risk and he shall not be entitled to any compensation for any loss, damage or destruction of the same, whether arising from wastage, theft or from any other cause whatsoever.

c) During the progress of the work, any work which is not carried out to the satisfaction of the EMPLOYER, shall be removed and re-done at the CONTRACTOR's cost. In doing so, replacements for breakages and damages, if any, will be at the CONTRACTOR'S cost.

d) The CONTRACTOR shall make good any defects, shrinkage or other faults that may appear in the work within a period of ONE YEAR after completion to the satisfaction of the EMPLOYER.

________________ _______________ ________________ ________________ Contractor



e) If at any time during the progress of the work, the EMPLOYER desires to carry out the balance of the work departmentally, or through any other agency, he shall be free to do so by giving to the CONTRACTOR, two weeks notice and in that event, the amount payable for work already done by the CONTRACTOR shall be settled by the EMPLOYER as soon as possible.

f) CONTRACTOR'S SUPERVISION:

The CONTRACTOR shall either himself supervise the execution of the works or shall appoint a qualified supervisor approved by the Employer to act in his stead. If the CONTRACTOR fails to appoint a suitable supervisor as directed by the EMPLOYER, the EMPLOYER shall have full power to suspend the execution of the work until such date as a suitable Supervisor is appointed and the CONTRACTOR shall be held responsible for the delay so caused to the work.

g) The quoted rates are inclusive of all taxes, duties, except sales tax on work contract which will be paid extra on actuals on the certified value after the proof of payment is furnished by the contractor.

h) All taxes including income tax deductible at source excluding sales tax on works contract tax are to the CONTRACTOR's Account. The CONTRACTOR shall indemnify the EMPLOYER against any default of payment of taxes by him to any Government and/or other Authority.

i) The CONTRACTOR hereby agrees to indemnify the EMPLOYER in the event of an accident, injury or death of any of the workmen employed by the CONTRACTOR for the execution of the work. The CONTRACTOR shall be liable for payment of any compensation arising out of the same. The CONTRACTOR hereby agrees to take out the necessary Insurance Policy for Workmen's Compensation. Also CONTRACTOR shall abide by Labour Law, Provident Fund Rules, Minimum Wages Acts and any other statutory provisions, rules and regulations applicable to this contracts. CONTRACTOR agrees to indemnify the EMPLOYER for any non-compliance of statutory rules and regulation by him.

4. The Work Order No................. dated .......... annexed hereto as Work Order and accepted by the CONTRACTOR and the terms and conditions contained herein shall be read and construed as part and parcel of one another and forming one integrated agreement. The Parties hereto agree and undertake to abide by and fulfil all of the terms and conditions required to be performed by them under the said Work Order and under these presents.

5. All disputes and differences of any kind that may arise between the parties hereto in relation to or in connection with these presents and/or the Work Order No................. dated .........., shall be referred to the arbitration of two arbitrators (one to be appointed by each party) and the provisions of the latest revision of Indian Arbitration Act, shall apply. The decision given by the arbitrators shall be final and binding upon the parties. However under no circumstances CONTRACTOR will stop the work pending finalisation of disputes by the Arbitrator unless otherwise the EMPLOYER opts for remedies under clause 3(e) supra.

6. This agreement and the Work Order No................. dated .......... is subject to .......... (Name of Place) Jurisdiction, subject to para 5 hereinabove.

________________ _______________ ________________ ________________ Contractor



IN WITNESS WHEREOF, the parties hereunto have set their respective hands to these presents on the day, month and year first above written.

Signed by the saidin the presence of

WITNESS:

Name :Address :

EMPLOYER

Signed by the saidin the presence of

WITNESS:

Name :Address :

CONTRACTOR

________________ _______________ ________________ ________________ Contractor



APPENDIX - VI: SAFETY PROVISIONS

SCHEDULE OF ENVIRONMENTAL , HEALTH & SAFETY REQUIREMENTS

1. Responsibility for Safety & Environmental Requirements

1.1 The Contractor acknowledges and agrees that the overall co-ordination of safety and environmental matters relating to the Project including those affecting the Contractor's personnel will be exercised by the employer. This does not relieve the Contractor of its responsibilities relating to its personnel or the Works.

1.2 The Contractor must at all times exercise all necessary precautions for the safety of all persons on the Site, members of the public who may be affected by the Works and the protection of the environment.

2. Compliance with Legislation and Safety Management System

2.1 From the commencement of the Works until the end of all Defects Liability Periods or the date of the making good of all defects the Contractor must comply with all relevant statutory requirements, Codes of Practice, Indian Standards, the employer’s internal Safety Management System, and directions by the employer in relation to environmental and safety matters.

2.2 In addition to the above requirements, the Contractor must:

Safe Work Procedures and Practices

2.2.1 provide materials which are adequately equipped, guarded, protected, approved and serviced on a regular basis and to manufacturer’s specification so as to maintain safety protection for the Contractor's personnel, other persons on the Site, members of the public who may be affected by the Works and protection to the environment;

2.2.2 ensure that all electrical installations, materials, extension cords, fittings and the like provided for the Works comply with the requirements of the employer and all relevant authorities;

2.2.3 Working loads on these structures are capable of being exceeded then the Contractor, prior to commencing work, must advise the employer of that fact and must design and construct temporary supports satisfactory to the employer which are sufficient in all respects to support the working loads on these structures. Work must not be carried out by the Contractor on structures where working loads exceed the safe working loads either advised by the employer or determined by the Contractor;

2.2.4 Obtain a hot work permit approved by both the employer and the Contractor for any activity that involves the potential for fire or explosion;

2.2.5 Ensure first aid facilities with certified first aid attendants are provided and maintained and supplement them with other facilities as necessary for the proper and safe execution of the Works;

2.2.6 Where the Contractor's personnel carry out work on the Site outside usual working hours, ensure the attendance at the Site during those hours of at least one of the Contractor’s personnel who is a certified first aid attendant;

2.2.7 provide to the employer, in a form acceptable to the employer, Material Safety Data Sheets, copies of Safety Management System risk assessments and management inspection procedures in respect of chemicals or substances to be brought to or taken from the Site, prior to their delivery to the Site;

________________ _______________ ________________ ________________ Contractor



2.2.8 Obtain and maintain in a register all relevant licenses, permits, environmental impact assessment and other instruments which are required by law.

2.2.9 Ensure that all-safe work procedures and practices developed for the Works meet the minimum criteria of the employer's internal Safety Management System Standards.

MINIMUM PERSONAL PROTECTIVE EQUIPMENT (PPE)

1. Proper PPE shall be made available by the respective worker’s employer for the use of all workers exposed to hazards at site.

2. PPE shall be regularly maintained and kept in good condition with the provision of proper storage and/or cleaning facilities for PPE.

3. All workers shall be properly instructed in the need for and use, cleaning, and maintenance of, PPE. They shall also be given proper fitting for PPE requiring special attention, such as respirators and eye protection.

4. On a regular basis (in accordance with manufacturers standards and site conditions), supervisors are required to check PPE to see that it is in a serviceable condition.

5. The issuance of PPE shall be recorded with documents kept at site for inspection by the Authority or interested parties such as third-party auditors.

6. Head Protection

6.1 Safety hard hats or helmets shall be worn where there is a danger from impact and penetration from falling or flying objects or from limited electric shock. Generally safety helmets shall be worn by all persons at all times on site.

6.2 Safety hard hats shall have inner liner & chin strap and should be comfortable for the user and should fit his or her head properly.

7. Foot/Toe Protection

7.1 The wearing of sound footwear (leather uppers, resilient and rigid soles) is the minimum acceptable standard on site. Persons engaged in scaffolding and roofing works may be permitted to wear suitable shoes.

7.2 In areas where there is a potential for foot/toe injuries, approved safety shoes/boots shall be worn. Safety boots/shoes should meet national or international standards.

8. Eye Protection

8.1 Safety glasses with side-shields, goggles, full face shields, welders lens are the types of protection needed where machines or operations present a danger from flying objects, direct or reflected brightness, hazardous liquids, or injurious radiation.

8.2 Eye protection devices should fit comfortably (snugly, not interfere with movement) on the user’s face.

9. Hearing Protection

9.1 Generally, approved hearing protectors (ear mufflers, disposable and non-disposable ear plugs) shall be made available to all personnel entering into noise-exposed areas of more than 85 dBA. Work processes / equipment that generate such high noise levels at a typical construction site include: piling, grinding, concrete hacking/chipping, circular saw, concrete vibrator/poker, compactor, etc.

9.2 Hearing protectors should be of proper fit and of the correct type for the noise exposure.

________________ _______________ ________________ ________________ Contractor



10. Safety Belts/Harnesses

Safety harnesses (full body type) shall be worn and properly secured to an approved fixing device where a person is exposed to an unprotected edge / opening where such a person can fall greater than two (2) metres.

11. Respiratory, Hand, & Protective Clothing Protection ~ Minimum PPE standard to be resolved. Note “Approved” means approval by Authority and/or approval by recognised Testing/Certification Authority as per the Indian Legislation/Regulation/Standard Code.

Systematic Inspection & Documentation

2.2.10 undertake regular formal and informal safety inspections to determine any previously unidentified significant risks, management system deficiencies, and the level of compliance with the employer Safety Management System and be able to demonstrate that these inspections have occurred;

2.2.11 establish a register for and, where required, provide evidence to the employer of all licenses, registrations, orders and approvals, and all renewals thereof required of the Contractor for the Works, including those for the disposal of any materials under any occupational health and safety and environmental legislation;

2.2.12 prior to delivery of any plant and equipment to the Site, provide to the employer a schedule of the details of the plant and equipment, the regulatory operating conditions and the current maintenance and inspection records applicable to that plant and equipment;

2.2.13 regularly provide to the employer the proposed dates, times and scope of Contractor inspections and audits of the Works and co-operate with the employer to enable inspections and audits of the Site;

Roles and Responsibilities

2.2.14 Ensure the Contractor's safety supervisor, as nominated in the Appendix:

(1) Is present on Site at the times reasonably required by the employer;

(2) Is in regular attendance at safety meetings and inspections or other similar meetings required by the employer;

(3) Records and reports to the employer safety information required by the employer;

(4) Completes daily safety inspections; and

(5) Prepares ongoing risk assessments and safe work procedures.

Skill Enhancement and Training

2.2.15 be able to demonstrate that the Contractor’s personnel are conversant with and adhere to all relevant occupational health and safety and environmental legislation, standard codes of practice, manufacturer’s and supplier’s specifications, including site safety and environmental instructions issued by the employer;

2.2.16 be able to demonstrate that the Contractor’s personnel are involved with the preparation of the risk assessment process and the preparation and compliance of safe work practices and procedures;

________________ _______________ ________________ ________________ Contractor



2.2.17 be able to demonstrate that the Contractor’s personnel are adequately trained and instructed in accordance with authority requirements. The Contractor must ensure that its personnel are not directed or expected to undertake work or activities which might be detrimental to the environment or the safety, health or welfare of themselves or others.

3. Site Safety Instructions

In addition to the above requirements, the Contractor must ensure that it and its personnel comply with the following specific Site Safety Instructions.

3.1 All incidents, accidents and equipment damage shall be reported immediately to the employer’s site manager.

3.2 The Contractor shall provide first aid equipment required by law based on its number of workers employed on site. Further, depending on the Contractor’s number of workers, the employer may require it to have on site at all times a qualified nurse.

3.3 A safety committee shall be established, representing the employer employees and contractors. This safety committee shall meet on a regular basis.

3.4 Safety footwear must be worn at all times. Damaged or worn out shoes must be replaced.

3.5 Safety helmets shall be worn at all times by all persons on site.

3.6 Approved hearing protectors shall be provided for and worn by all personnel entering into noise exposed areas of more than 85 dBA.

3.7 Work areas must be kept clean and tidy with rubbish and other safety hazards cleaned up promptly. Fire hazards such as garbage, oil rags and flammable materials must be promptly removed and corrective action is completed. All protruding nails or bolts shall be bent over or removed and all other dangerous protruding objects shall be removed or protected.

3.8 All openings in floors if over 150mm x 150mm will have 35mm x 35mm x 3mm mesh cast in be securely covered and/or have handrails, all in accordance with statutory requirements and the employer’s directions.

3.9 Signage and Handrails to penetrations, perimeters, stairs, walkways etc. shall be erected and maintained in a safe condition in accordance with statutory requirements and the employer’s directions.

3.10 Adequate fire protection shall be provided as necessary. In particular a suitable fire extinguisher shall be securely attached to each electric or oxy-acetylene or oxy-LPG welding plant brought on site.

3.11 Electric leads shall not be over-extended and shall be switched off at the point of power supply and removed when not in use.

3.12 Explosives shall not be used without the express permission of the employer’s site manager.

3.13 All necessary precautions shall be taken in the use of compressed air.

3.14 Hook or load riding shall not be permitted except in accordance with statutory authority nor shall passengers ride on material hoists, bulldozers, front-end loaders, forklifts or similar plant not intended for the carrying of personnel. Operators must have all required licences and certificates for the equipment being operated.

________________ _______________ ________________ ________________ Contractor



3.15 Clear and standard crane signals must be used at all times by licensed personnel.

3.16 All equipment such as front end loaders, bulldozers, backhoes and forklifts are to have their bucket or blade lowered when not in use and chocked or blocked during maintenance or repairs.

3.17 All working platforms, suspended or otherwise, shall conform to statutory requirements.

3.18 All hoists and scaffolding are to be in accordance with statutory requirements and approved in writing where required.

3.19 Ladders must be approved, extend 1.2 metre above landing, be set a correct angle 75 to horizontal and secured at all times.

3.20 Safety belts or harnesses shall be worn and properly secured to approved fixing device where no other form of protection is available.

3.21 Welding operations shall be screened to protect all personnel against welding flashes.

3.22 Personnel are required to wear approved eye protection whilst performing or exposed to operations that can cause eye injury.

3.23 No machinery, hand tools or any other type of equipment are to be operated without protective guards.

3.24 The Contractor will be required to modify guard or remove any plant or equipment, which does not meet the employer’s safety requirements or statutory requirements.

3.25 All operators of any explosive-powered tool shall be qualified and licensed in accordance with statutory requirements. A warning sign shall be displayed at each place where the tool is being used.

3.26 Trenches and excavations must be adequately shored and / or strutted before personnel are allowed to access it. Safe access shall be provided in all excavations.

3.27 Where petrol, diesel or gas powered equipment is used on site with the approval of the employer, fuel therefore shall be stored only in satisfactory metal safety containers approved by the employer and in accordance with statutory requirements.

3.28 Use of lasers on site must be in accordance with statutory requirements and the employer’s direction.

3.29 Protective clothing shall be worn by personnel when exposed to and/or working with the following - noxious chemicals, welding, heat and fire, all in accordance with statutory requirements.

3.30 Respiratory protective devices shall be worn for the protection against harmful substances, which could enter body through the respiratory system. Such harmful substances include dust, mist, fumes, smoke, gas and vapours.

3.31 Drugs of abuse shall not be brought on to or consumed on site. Persons affected are not permitted on site. Persons affected by alcohol are not permitted on site.

3.32 No arms & ammunition shall be used in site.

3.33 Subcontractors are to supply all necessary safety equipment for their employees’ use.

________________ _______________ ________________ ________________ Contractor



3.34 Industrial safety gloves and mittens for the protection of hands and portions of the arms shall be worn in areas of risk.

3.35 Prior to operating or directing the operation of cranes or lifting gear ensure equipment has current approval and work is carried out by certified competent personnel.

3.36 No entry will be permitted to confine spaces until (a) means of entry and exits are agreed (b) quality of air supply has been checked for oxygen deficiency, combustibility, and toxicity.

the employer reserves the right to fine any Contractor who fails to comply with any of the requirements set out in this Schedule and non implementation of EH&S minimum requirements.

Statutory requirements are to be treated as a minimum only and the employer may impose higher standards.

Should you require any clarification on safety matters, contact should be made to the relevant the employer site manager.

4. EH&S Minimum Requirements

Fall Protection Requirements

4.1.1 Guardrails are to be provided at all working places and other locations where persons or materials could fall more than 2.0m / 6ft. Where this can physically not be achieved suitable and sufficient fall protection devices that do not rely on individuals should be provided and used to establish a safe place of work. Harnesses and personal protective equipment must be used as a last resort. The decisions made and options implemented must be clearly detailed in the EHS Plan and agreed with the employer.

4.1.2 Holes, shafts and edges from or through which persons could fall a distance of more than 2 metres / 6ft must be clearly marked with signage or other means and be adequately protected by covers or barriers so as to prevent falls of persons and materials.

General - Physical Control Requirements

4.1.3 The sub/contractor must comply in full with all applicable EH&S local and national legislation. In circumstances where there is a conflict between local or national legislation and the employer Global Minimum Requirements, the higher (more protective) requirement shall prevail.

4.1.4 All persons working on suspended scaffolds/cradles/gondolas must wear and use appropriate fall prevention equipment so as to protect them effectively at all times when they are at risk from any failure of any part of the scaffold/cradle/gondola, including its suspension system

4.1.5 Free-standing scaffold towers used externally must not be higher to the top platform level than three times the minimum base dimension, unless secured to a permanent structure. For internal use only, the height to platform may rise to 3.5 times the minimum base dimension. Wheels must be locked when towers are in use. No person is permitted to remain on a tower platform while a tower is being moved.

4.1.6 All temporary electrical circuits must include a Residual Current Device, Earth Leakage Circuit Breaker or Ground Fault Circuit Interrupter at source.

4.1.7 Powered cranes and hoists, aerial platforms and scissor lifts must have a competent driver, certified by a qualified third party. Additionally, the above items must be certificated as safe to use by a qualified third party.

________________ _______________ ________________ ________________ Contractor



4.1.8 Adequate lighting must be provided to enable safe access to and egress from every place on a site where persons are liable to work, in addition to task lighting.

4.2 Waste Management

4.2.1 Upon appointment the sub/contractor is required to prepare and submit to the employer for approval, a project-specific plan for the management of waste. The plan shall specifically ad-dress the following:

a) Waste management at design co-ordination meetings; b) Practical measures associated with their works to prevent waste entering site; c) Manage waste streams resulting from their works and identify waste that can be reused or re-

cycled; d) Meet local, state and federal waste management legislation and environmental standards, in-

cluding waste minimisation; e) Use building materials that are fully recycled and/or include recycled material in their produc-

tion where practicable; f) To avoid the generation of waste in all instances and prevent pollution and damage to the en-

vironment. g) To report monthly the amount of waste removed from site, reused, recycled or diverted pro-

ductively from landfill.

4.3 Induction/Orientation for project workers

The sub/contractor shall ensure all workers shall receive a full project-specific EHS induction/orientation before commencing any work onsite. Keeping a project log-recording numbers of all workers, the content of the induction/orientation and date of starting work shall validate this.

4.4 Sub/contractor training

The sub/contractor shall ensure all contractors’ workers shall receive at least one specific task-related training/skills session per week. This may be achieved by using Toolbox talks &/or training in a specific Safe Work Method Statement.

4.5 Lost time injuries

The sub/contractor shall report lost time injuries and hours worked by all workers. The definition of a ‘lost-time injury' is one that results in absence from normal work on the shift following that during which the injury was suffered.

The sub/contractor shall follow up medical treatment and other statutory requirements till injured person returns to duties or properly compensated and rehabilitated. All these follow up shall be reported to the employer on daily basis.

________________ _______________ ________________ ________________ Contractor



4.6 Schedule of Fines Refer to Attached schedule

Schedule of Charges to Contractors who are in breach of the employer’s Site Safety, Site Safety Cycle and Environmental Rules and Regulations

No. Nature of Offence Amount of Safety or Environmental Charge to be levied against the Sub Contractor for

each breach of the employer’s Rules & Regulations (Indian Rs)

1. Smoking in an unauthorised area and/or consumption of alcohol and/or use of illegal substances.

Rs 500.00

2. Burning of waste or smouldering of combustible materials on site other than for heat treatment processes required for the execution of the Sub Contract works.

Rs 2,000.00

3. Failure to wear personal protective equipment (P.P.E.) eg. Safety helmets, safety boots, goggles etc. respirator, ear plugs, safety belts which shall include failure to anchor belt to a secure structure.

Where any site operation requires the use of PPE then all workmen must use the required PPE eg. grinding, welding, burning, unloading hazardous materials etc.

1) Rs100.00 per worker when lack of enforcement of the usage of P.P.E. by the Sub Contractor is observed by the employer.

OR

2) Rs500.00 where issuance of the required P.P.E. by the Sub Contractor equipment is not carried out.

4. Failure to attend a notified site safety meeting. Rs 1,000.005. Failure to submit a written report for an accident

and/or other dangerous occurrence, to the employer within 24 hours of its occurrence.

Rs 2,000.00

6. Damaged to or misuse of the employer’s property.

1) To the actuals.

7. Failure to maintain work area, facility storage and preparation yard, office premises and workers changing and rest area in a clean and orderly state and free from health and fire hazards.

1) Rs 2,000.00 per week;

in addition the Sub Contractor shall clean up the disorderly and untidy areas within 3 days.

8. Use of equipment that has not been examined by an approved person as required under the Factories and Industries Undertaking Ordinance and its related regulations.

Rs 5,000.00

9. Using defective or uncertified slings for lifting operations.

Rs 5,000.00

10. Executing unsafe hoisting of materials and include unsafe use of lifting appliances.

Rs 5,000.00

11. Erecting and/or using unsafe or unstable, scaffolds, working platforms and temporary structures.

Rs 5,000.00

12. Failure to provide and use proper working platforms and safe means of access to the work place, where work is required to be carried beyond a person’s normal reach.

1) 5,000.00; andthe worker to be immediately banned from the site if an individual receives 2 violations.

13. Not providing safety barricades/barriers to hazardous floor edge openings, gaps and shafts.

Rs 7,000.00

________________ _______________ ________________ ________________ Contractor



14. Adopting unsafe tapping, connections, termination of electrical lines and including the use of defective electrical fittings, power cables and electrical tools.Allowing cables / equipment to be submerged in water.

Rs 2,000.00

15. Unauthorised use of fire equipment provided for emergency purposes.

Rs 2,000.00

16. Failure to comply with an order issued by the employer’s Construction manager, site agent, site safety supervisor safety officer and environmental officers in regard to safety/environmental matters.

Upto Rs 5,000.00

17. Failure to provide valid certificates for lifting appliances and accessories including any lifting appliances / accessories on vehicles delivering goods to the site, or for plant being used on site.

Rs5,000.00

18. Failure to provide voltage-reducing devices on welding machines.

Rs 2,000.00

19. Failure to attend the Site Safety Walk Rs 1,000.0020. Failure to provide Site Safety

Supervisor/Representative as per the requirement of the latest ordinance.

Rs 2,000.00 per week.

________________ _______________ ________________ ________________ Contractor



APPENDIX – VII : LIST OF DRAWINGS

========================================================================Sl. No. Drawing No Drawing Title ========================================================================

AS PER ANNEXURE - I

___________________________________________________________________________

________________ _______________ ________________ ________________ Contractor



APPENDIX - VIII: LIST OF PLANT & EQUIPMENT

1 2 3 4 5 6 7

SL #Description of the

equipmentNumber Make Capacity

Approximate date when it will be deployed at the

site

Period of retention at site

The Contractor shall not remove the above items from site unless prior approval is given by the Employer for removing such items from site.

________________ _______________ ________________ ________________ Contractor


CONTRACTOR TO FURNISH THE DETAILS WHILE SUBMITTING THE TENDER


APPENDIX - IX: FORM OF BANK GUARANTEE FOR SECURITY DEPOSIT/PBG (To be vetted by F&A and Legal)

1. In consideration of M/s (hereinafter called Employer, which expression unless repugnant to the context or meaning thereof include its successors, administrators and assigns), having agreed to exempt M/s (hereinafter called the said Contractor, which expression unless repugnant to the context or meaning thereof include its successors, administrators and assigns), from demand under the terms and conditions of Order No. ___ ___ dated made between and ___ for (hereinafter referred to as the Work Order) of security deposit for the due fulfillment and performance by the said Contractor of the terms of conditions contained in the said Work Order on production of Bank Guarantee of Rs. ___ (Rupees ___ Only). We, ___ (hereinafter referred to as ‘the Bank’ which expression unless repugnant to the context or meaning thereof include its successors-in-office, and administrators) at the request of Contractor do hereby guarantee the due and proper fulfillment and performance by the Contractor of the terms and conditions contained in the said Work Order and undertake to pay to the Employer an amount not exceeding Rs. (Rupees________only) on demand and interest thereon at __ percent per annum from the date of demand till payment for non-fulfillment and/or non-performance of any of the terms and conditions of the said Work Order by the Contractor and/or on account of any loss or damage caused to or suffered by or that would be caused to or suffered by the Employer, by reason any breach by the said Contractor of any of the terms and conditions contained in the said Work Order (The decision of the Employer as to any breach and/or non-fulfillment or non-performance having been committed and the loss suffered shall be binding on the Bank.)

2. We, do hereby unconditionally and irrevocably undertake to pay to the Employer an amount to the extent of Rs. (Rupees ) only and interest thereon at ___ percent per annum from the date of demand till payment without any demur, reserve, contest or protest or without any reference to the Contractor, merely on a demand from the Employer stating that Contractor has committed breach of the terms/s of the said Work Order and/or the amount claimed is due by way of loss or damage caused to or suffered or would be caused to or suffered by the Employer by reason of breach by the said Contractor of any of the terms and conditions contained in the said Work Order or by reason of Contractor failure to perform the said Work Order. Any such demand made on the Bank shall be conclusive and binding notwithstanding any difference between the Employer and the Contractor as regards the amount due and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs. (Rupees ) only and interest thereon as mentioned above from the date of demand till payment.

3. Our liability under these presents is absolute and unequivocal and we undertake to pay to the Employer the amount so demanded notwithstanding the Contractor raising any dispute and/or disputes or filing any suit or proceeding before any Court or tribunal or other Authority. The payment so made by us under this Guarantee shall be valid, discharge of our liability for payment thereunder and the Contractor shall have no claim against us for making such payment.

4. We, further agree that the Guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Work Order and that it shall continue to be enforceable till all the dues of the Employer under or by virtue of the said Work Order have been fully paid and its claims satisfied or discharged or till the Employer certifies that the terms and conditions of the said

________________ _______________ ________________ ________________ Contractor



Work Order have been fully and properly carried out by the said Contractor and accordingly discharges this Guarantee.

5. This Guarantee shall not be revocable by us except with the written consent of the Employer and shall continue to be enforceable till___ should it be necessary to extend this Guarantee beyond the said date, we undertake to extend the validity of this Guarantee for such further period as may be required by the Employer, and such extension shall be given one month before the expiry of this Guarantee failing which the amount covered under this Guarantee shall become forthwith payable, notwithstanding that the Work Order is continuing and/or the Employer has or has not terminated the Work Order or preferred any claim against the Contractor.

6. We, further agree with the Employer that the Employer shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the Work Order or to extend time or performance by the said Contractor from time to time or to postpone for any time or from time to time exercise of any of the powers exercisable by the Employer against the said Contractor and the forbear or enforce any of the terms and conditions relating to the Work Order and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Supplier(s) or for any forbearance, act or omission on the part of the Employer or any indulgence by the Employer to the said Contractor or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.

7. This Guarantee shall not in anyway be affected due to change in our constitution or by your taking or varying or giving up any securities from the Contractor or any other person, firm or Employer on its behalf or by the change in the constitution, winding up, dissolution, insolvency or death as the case may be of the Contractor.

8. In order to give full effect to the Guarantee herein contained you shall be entitled to act as if we are your principal debtors in respect of all your claims against the Contractor hereby Guaranteed by us as aforesaid and we hereby expressly waive all our right of suretyship and other rights if any which are in any way inconsistent with the above or any other provisions of this Guarantee.

9. We, also undertake not to revoke this Guarantee during its currency except with the previous consent of the Employer in writing.

Dated this the day of 20

for (Indicate the name of Bank)

________________ _______________ ________________ ________________ Contractor



APPENDIX - X: CEMENT CONSTANTS

Sl # Particulars Units In bags (50 Kgs.)

________________ _______________ ________________ ________________ Contractor


Section H: Quality Control Page 1 of 5________________________________________________________________________________

SECTION H: QUALITY CONTROL

H.1. Cement: (All standard as per BIS) H.2. Fine Aggregate:

a) Recommended tests:i) Particle size and shapeii) Estimation of deleterious materials and organic impuritiesiii) Specific gravity and density

b) Sampling and frequency of sampling:As per guidelines in relevant Indian Standards

c) Acceptance criteria:As per guidelines in relevant Indian Standards

d) Relevant references:IS: 383-1990 Specification for coarse and fine aggregate from natural sources for concrete.

IS: 2430-1986 Methods of sampling of aggregates for concrete.IS: 2386-1990 Methods of tests for aggregates for concrete.

Part-1 – Particle size and shapePart-2 – Estimate of deleterious materials and organic impurities.

Part-3 – Specific gravity and density.Part-6 – Mortar making properties of fine aggregate.

Concrete workersGuide-1992 By Research and Consultancy directorate, A.C.C. Ltd., Mumbai

H.3. Coarse Aggregate:

a) Recommended tests:i) Sieve analysisii) Flakiness indexiii) Specific gravity and densityiv) Soundnessv) Alkali aggregate reactionvi) Mechanical propertiesvii) Petrographic examination

b) Sampling and frequency of sampling:As per guidelines in relevant Indian Standards


d) Relevant references:IS: 383-1990 Specification for coarse and fine aggregates from natural sources for

concrete.IS: 2430-1986 Methods of sampling of aggregates for concrete.Is: 2396-1990 Methods of tests for aggregates for concrete

Part-1: Particle size and shape.Part-3: Specific gravity and density.Part-4: Mechanical properties.Part-5: Soundness.Part-7: Alkali aggregate reactivity.Part-8: Petrographic examination

Concrete workersGuide-1992 By Research and Consultancy directorate, A.C.C. Ltd., Mumbai

________________ _______________ ________________ ________________ Contractor



H.4. Water:

a) Recommended tests:i) P-Alkalinityii) M-Alkalinityiii) Inorganic solidsiv) Sulfatesv) Chloridesvi) Suspended solidsvii) Organic solidsviii) pH value

b) Sampling and frequency of sampling:As per guidelines in relevant Indian Standards.

c) Acceptance criteria:As per guidelines in relevant Indian Standards.

d) Relevant referencesIS: 456-1978 Code of practice for plain and reinforced concreteIS: 3025-1986 Methods of sampling and tests (Physical and chemical) for water and

waste water.Part-1 (1986): – SamplingPart-2 (1983): - pH valuePart-15 (1989):- Total residue (total solids dissolved and suspendedPart-16 (1989): - Total dissolved solidsPart-17 (1989): - Total suspended solidsPart-23 (1986): - AlkalinityPart-24 (1986): - SulfatesPart-32 (1988): - Chlorides

H.5. Admixtures:(Accelerating, retarding, water reducing/workability improvement and air entraining admix-tures)

a) Recommended tests:i) Water content of concrete with and without admixtureii) Setting time of concrete with and without admixtureiii) Compressive strength of concrete with and without admixtureiv) Change in length of concrete with and without admixturev) Bleeding of concrete with and without admixturevi) Workability of concrete with and without admixturevii) Air content of concrete with and without admixtureviii) Heat of hydration of concrete with and without admixtureix) Chloride content



d) Relevant references:IS: 9103-1979 Specification for admixtures for concreteIS: 516-1991 Methods of tests for strength of concreteIS: 6925-1987 Methods of test for determination of water soluble chlorides in concrete admixtures.

H.6. Fresh concrete:

a) Recommended tests:i) Slump/compaction factor/Vee Bee testii) Setting time of concrete by penetration method

________________ _______________ ________________ ________________ Contractor



iii) Air contentiv) Analysis for constituents



d) Relevant references:IS: 1199-1991 Methods of sampling and analysis of concreteIS: 8142-1987 Setting time of concrete by penetration resistance

H.7. Hardened Concrete:

a) Recommended tests:i) Compressive strength

a) Accelerated curingb) Normal curing

ii) Permeability testb) Sampling and frequency of sampling:

As per guidelines in relevant Indian Standards.c) Acceptance criteria:

As per guidelines in relevant Indian Standards.d) Relevant references:

IS: 456-1978 Code of practice for plain and reinforced concreteIS: 516-1991 Methods of tests for strength of concreteIS: 9013-1987 Method of testing of accelerated cured concreteIS: 3085-1990 Method of test for permeability of cement mortar and concrete.

H.8. Reinforcing Steel: (All standard as per BIS) H.9. Non-destructive Testing of Concrete:

a) Recommended tests:i) Ultrasonic pulse Velocity testii) Rebound hammer testb) Frequency of test:

About 5% of randomly selected reinforced concrete structural components (in-situ of precast)


d) Relevant references:IS: 13311-1997 Non-destructive testing of concrete

Part-1: Method of test for Ultrasonic pulse velocityPart-2: Method of test for Rebound hammer

The testing of concrete in structures by J.H. Bungey, Surrey University Press, 1982.

H.10. Core Test on Concrete:

a) Recommended tests:i) Texture of concreteii) Compressive strength test

b) Frequency of test:Core to be taken from walls, slabs and footings whenever in doubt.


________________ _______________ ________________ ________________ Contractor



d) Relevant references:IS: 516-1991 Method of tests for strength of concreteIS: 456-1978 Code of practice for plain and reinforced concrete.

H.11. Load Test:

a) Recommended test:Load testing of selected in-situ panels/pre-cast components (service load test)

b) Frequency of test:On representative in-situ panels in each type of housing whenever in doubt about 0.5% of the total pre-cast floor roof components


d) Relevant references:IS: 456-1978 Code of practice for plain and reinforced concreteIS: 6441 (Part- 7 & 8) Method of test for autoclaved cellular concrete products subject to

load test.

H.12. Earth-Filling in Building:

a) Recommended tests:i) Grain size distribution for material selectionii) Proctor compaction testiii) Field density by core extraction

b) Frequency of test:i) One sample from each borrow pitii) Three cores for every 1000sqm. in compacted thickness of 30cm


d) Relevant references:IS: 2720-1987 Method of test for soil

Part 2-1987 Determination of water contentPart 4-1990 Grain size analysisPart 5-1990 Determination of liquid & plastic limitPart 7-1987 Determination of water content-dry density relation using light compaction.

Part 29-1988 Determination of dry density of soils in Place by core cutter method.

H.13. Mix Design:

a) Recommended method:Method outlined in SP 23-1982 – Hand book on concrete mixes.

b) Frequency of design:On every source or type of the following:-i) Aggregatesii) Cementiii) Admixtures and for different grades of workability.

c) Acceptance criteria of Mix:As per guidelines in relevant Indian Standardsd) Relevant references:SP: 23-1982 Hand book on concrete mixesSP: 10262-1982 Recommended guidelines for concrete mix designSP: 456-1978 Code of practice for plain and reinforced concrete

________________ _______________ ________________ ________________ Contractor



GENERAL REFERENCES

1 Properties of concrete by A.M. Neville, ELBS Publication 19812 a) Elements of concrete making, 1991

b) Concrete workers guide, 1992c) Control tests for quality user, 1992

d) Notes for the cement user, 1992 by Research and Consultancy directorate, A.C.C. Ltd., Mumbai.

3 SP: 24-1983 Explanatory handbook on Indian Standard Code of practice for plain and reinforced concrete.

4 Workshop on testing of fresh and hardened concrete Indian Concrete Institute, 1986

5 SP: 21-1983 Summaries of Indian Standard for building materials

6 National building code, 2005

7 Non-destructive testing by Barry Hall, Macmillan Education, 1988

________________ _______________ ________________ ________________ Contractor


Section I: Safety Requirements Page 1 of 14________________________________________________________________________________

SECTION I: SAFETY REQUIREMENTS

The contractor and sub-contractors, shall comply with the safety precautions, protective measures, house keeping requirements, etc. The Employer/ Architect with due intimation shall have the right to stop the work at site, if in his opinion proceeding with the work will lead to an unsafe and dangerous condition. Contractor shall get the unsafe condition removed or provide protective equipment. Contractor shall ensure that all workmen are aware about the nature of risk involved in their work and have adequate knowledge for carrying our their work safely.The contractor shall be held responsible for non-compliance if any of the safety measures and delays, implications, injuries, fatalities and compensation arising out of such situations or incidents.

I.1. TRAFFIC

.1 The contractor shall organise operations by taking approval to use the existing roads, if any, from Employer.

.2 The contractor shall exercise full care to ensure that no damage is caused by him or workmen, during the operation, to the existing water supply, sewerage, power or telecommunication lines or any other services or works. The contractor shall provide and erect before construction, substantial barricades, guardrails, and warning signs. He shall furnish, place and maintain adequate warning lights, signals, etc., as required by client.

I.2. SAFE MEANS OF ACCESS

.1 Adequate and safe means of access and exit shall be provided for all work places, at all elevations shall be avoided.

.2 Suitable scaffolds shall be provided for workmen for all works that cannot safely be done from the ground, or from solid construction except such short duration work as can be done safely from ladders. Ladder shall be of rigid construction having sufficient strength for the intended loads and made of metal and all ladders shall be maintained well for safe working condition. Suitable footholds and handholds shall be provided on the ladder. The ladder shall be given an inclination not steeper than 1 in 4 (1 horizontal and 4 vertical).

.3 Scaffolding or staging more than 3.5mm above the ground or floor, swung or suspended from an overhead support or erected with stationary support shall have a standard guard-rail properly attached, bolted, braced or otherwise secured at least 1m high above the floor or platform of such scaffolding or staging. The guardrail shall extend along the entire exposed length of the scaffolding with only such opening as may be necessary for the delivery of materials. Standard railing shall have posts not more than 2m apart and an intermediate rail half way between the floor and platform of the scaffolding and the top rail. Such scaffolding or staging shall be so fastened as to prevent it from swaying from the building or structure. Scaffolding and ladder shall conform to relevant IS specification (IS 3696-1966). TIMBER/ BAMBOO SCAFFOLDING SHALL NOT BE USED.

.4 Working platforms of scaffolds shall have toe boards at least 15cm in ht. to prevent materials from falling down.

.5 A sketch of the scaffolding proposed to be used shall be prepared prior to start of erection of scaffolding. Safety engineer shall examine all scaffolds before using.

.6 Working platform, gangways and stairways shall be so constructed that they shall not sag unduly or unequally and if the ht. of the platform or gangway or stairway is more than 3.5m above ground level or floor level, they shall be closely boarded, shall have adequate width for easy movement of persons and materials and shall be suitably guarded.

.7 The planks used for working platform shall not project beyond the end supports to a distance exceeding four times the thickness of the planks used. The planks shall be rigidly tied at both ends to prevent sliding and slippage. The thickness of the planks shall be adequate to take load of men and materials and shall not collapse.

________________ _______________ ________________ ________________ Contractor



.8 Every opening in the floor of a building or in a working platform shall be provided with suitable means to prevent fall of persons or materials by providing suitable fencing or railing, the minimum ht. of which shall be 1m, along with 15cm high sheet obstruction at floor level along the railing.

.9 Safe means of access shall be provided to all working platforms and other elevated working places. Every ladder shall be securely fixed. No single portable ladder shall be over 9m in length. For ladders upto 3m in length the width between side rails in the ladders shall in no case be less than 300mm. For longer ladders this width shall be increased by atleast 20mm for each additional meter of length. Step spacing shall be uniform and shall not exceed 300mm.

.10 Adequate precautions shall be taken to prevent danger from electrical lines and equipment. No scaffolding, ladder, working platform, gangway runs, etc. shall exist within 3 meters of any un-insulated electric wire. Whenever electric power and lighting cables are required to run through (pass on) the scaffolding or electrical equipment are used, such scaffolding structures shall have minimum two earth connections with earth continuity conforming to IS code of practice.

I.3. EXCAVATION, TRENCHING AND EARTH REMOVAL

.1 All trenches 1.2m or more in depth shall at all times be supplied with at least one ladder for each spacing of 30m in length or fraction thereof. Ladder shall be extended from bottom of the trench to at least 1m above the surface of the ground.

.2 The sides of the trench which are 1.2m or more in depth shall be stepped back to give suitable slope (angle of repose) or securely held by timber bracing, so as to avoid the danger of sides from collapsing. The excavated material shall not be placed within 1.5m of the edges of the trench or half of the depth of the trench, whichever is more. Cutting shall be done from top to bottom. Under no circumstances mining or undercutting shall be done.

.3 The contractor shall ensure the stability and safety of the excavation, adjacent structures, services and the works.

.4 Open excavations shall be fence off by suitable railing and warning signals installed at night at well lit places so as to prevent persons slipping or falling into the excavations.

.5 All blasting operations shall be carried out on the basis of procedures approved by inspector of explosives. All works in this connection shall be carried out as per IS code of practice. Barricades, warning signs etc., shall be placed on the roads/open area.

.6 a) As far as practical, earth shall be removed mechanically.

b) Wherever manual removal of earth is involved, earth shall be removed from the top by maintaining the proper slope equal to the angle of re-pose of the earth.

c) The contractor to ensure that no under-cutting is done shall constantly supervise such work.

I.4. DEMOLITION

.1 Before any demolition work is commenced and also during the progress of the work:

a) All roads and open area adjacent to the work site shall either be closed or suitably protected. Appropriate warning signs shall be displayed for cautioning approaching persons.

b) Before demolition operations begin, the contractor shall ensure that the power on all electric service lines is shut off and the lines cut or disconnected at or outside the demolition site. If it is necessary to maintain electric power during demolition operation,

________________ _______________ ________________ ________________ Contractor



the required service lines shall be adequately protected against damage. Persons handling heavy materials/equipment shall wear safety shoes.

c) No floor, roof or other part of the building shall be overloaded with debris or materials as to render it unsafe.

d) Entries to the demolition area shall be restricted to authorised persons only.

I.5. PERSONAL PROTECTIVE EQUIPMENT

.1 All necessary personal protective equipment shall be kept available for the use of the persons employed on the site and maintained in a condition suitable for immediate use. Also the con-tractor shall take adequate steps to ensure proper use of equipment by those concerned. The personal protective equipment are to be provided by the contractor are:

a) All persons employed at the construction site shall use safety helmets.

b) Workers employed on mixing asphaltic materials, cements and lime mortars shall use protective goggles, protective foot wear and hand gloves.

c) Persons engaged in welding and gas-cutting works shall use suitable welding face shields. The persons who assist the welders shall use suitable goggles. Protective goggles shall be worn while chipping and grinding.

d) Stone breakers shall use protective goggles. They shall be seated at sufficiently safe intervals of distance.

e) Persons engaged in or assisting in shot blasting operations and cleaning the blasting chamber shall use suitable gauntlets, overalls, dust-proof goggles, boots ad protective hood supplied with fresh air at the minimum rate of 9m/hr.

f) All persons working at hts. more than 4.5m above ground or floor and exposed to risk of falling down shall use safety belts, unless otherwise protected by cages, guard railings, etc. In places where the use of safety belts is impractical, suitable net of adequate strength fastened to substantial supports shall be employed.

g) Protective nets shall be provided at places where men are working at heights to safe guard against falling debris.

h) When workers are employed in sewers and inside manholes that are in use, the contractor shall ensure that the manholes are opened and are adequately ventilated atleast for an hour. After it has been well ventilated, the atmosphere inside the space shall be checked for the presence of any toxic gas or oxygen deficiency and recorded in the register before the workers are allowed to get into the manholes. The manholes opened shall be cordoned off with suitable railing and provided with warning signals or caution boards to prevent accidents. There shall be proper illumination in the night.

I.6. LIFTING MACHINES AND TACKLES

.1 Use of lifting machines and tackles including their attachments, anchorage and supports shall conform to the following standards or conditions:

a) Lifting machines and tackles shall be of good mechanical construction, sound material and adequate strength and free from any defects and shall be kept in good repair and in good working order.

Every rope used in hoisting or lowering materials or as a means of suspension shall be of good quality and adequate strength and free from any defect.

________________ _______________ ________________ ________________ Contractor



b) Every crane operator or lifting appliance operator shall be properly qualified. No person under the age of 21 years shall be in charge of any hoisting machine or give signal to operator of such machine.

c) In case of every lifting machine (and of every chain, ring, hook, shackle, swivel and pulley block used in hoisting or as means of suspension) the safe working load shall be ascertained and clearly marked. In case of a lifting machine having a variable safe working load, each safe working load and the conditions under which it is applicable shall be clearly indicated. No part of any machine or any gear referred to above in this paragraph shall be loaded beyond the safe working load except for the purpose of testing. The safety engineer shall approve this.

d) The safety engineer shall note the safe working load. Regarding other machines, the contractor shall notify the safe working load of the machine to the safety engineer, whenever he brings any machinery to site of work and get it verified by the safety engineer.

e) Thorough inspection and load testing of lifting machines and tackles shall be done by a competent person atleast once every 2 months and records of such inspection and testing shall be maintained.

.2 Motors, gearing transmission, couplings, belts, chain drives and other moving parts of hoisting appliances shall be provided with adequate safeguards. Hoisting appliances shall be provided with such means as will reduce to the minimum the risk of any part of a suspended load becoming accidentally displaced or lowered.

I.7. WELDING AND GAS CUTTING

.1 Welding and gas cutting operations shall be done by qualified and authorised persons and as per IS specifications and code of practice.

.2 Welding and gas cutting shall not be carried out in places where flammable or combustible materials are kept and where there is danger of explosion due to presence of gaseous mixtures.

.3 Welding and gas cutting equipment including hoses and cables shall be maintained in good condition.

.4 Barriers shall be erected to protect other persons from harmful rays from the work. When welding or gas cutting is done in elevated positions, precautions shall be taken to prevent sparks or hot metal falling on persons or flammable materials.

.5 Suitable type of protective clothing consisting of fire resistant gauntlet gloves, leggings, boots and aprons shall be provided to workers as protection from heat and hot metal splashes. Welding shields with filter glasses of appropriate shade shall be worn as face protection.

.6 Adequate ventilation shall be provided while welding in confined space or while brazing, cutting or welding zinc, brass, bronze, galvanized or lead coated materials.

.7 Welding and gas cutting shall not be done on drums, barrels, tanks or other containers unless they have been emptied cleaned thoroughly and it is made certain that no flammable material is present.

.8 Fire extinguisher shall be available near the location of welding operations. Fire safety permit shall be obtained for working at vulnerable areas and operating areas before flame cutting/welding is taken up.

.9 For electric (Arc) welding the following additional safety precautions shall be taken:

________________ _______________ ________________ ________________ Contractor



a) When electrical welding is undertaken near pipelines carrying flammables, such pipelines shall not be used as part of earth conductor but a separate earth conductor shall be connected to the machine directly from the job.

b) Personnel contact with the electrode or other live parts of electric welding equipment shall be avoided.

c) Extreme caution shall be exercised to prevent accidental contact of electrodes with ground.

d) The welding cable shall not be allowed to get entangled with power cables. It shall be ensured that movement of materials does not damage the cables.

I.8. GRINDING

.1 All portable grinders shall be used only with their wheel guards in position to reduce the danger from flying fragments should the wheel break during the use.

.2 Grinding wheels of specified diameter only shall be used on a grinder – portable or pedestal - in order not to exceed the prescribed peripheral speed.

.3 Goggles shall be used during grinding operation.

I.9. HOUSE KEEPING

.1 The Contractor shall at all times keep his work soot, site office and surroundings clean and tidy from rubbish, scrap, surplus materials and unwanted tools and equipment.

.2 Welding and other electrical cables shall be so routed as to allow safe traffic by all concerned.

.3 No materials on any of the sites of work shall be so stacked or placed as to cause danger or inconvenience to any person or the public.

.4 At the completion of the work, the Contractor shall ensure removal from the work premises all scaffoldings, surplus materials, rubbish and all huts and sanitary arrangements used/installed for workmen on the site.

I.10. FIRE SAFETY

.1 All necessary precautions shall be taken to prevent outbreak of fires at the construction site. Adequate provisions shall be made to extinguish fires, should they still break out.

a) Quantities of combustible materials like timber, bamboo, coal, paints, etc. shall be the minimum required in order to avoid unnecessary accumulation of combustibles at site.

b) Containers of paints, thinners and allied materials shall be stored in a separate room, which shall be well ventilated, and free from excessive heat, sparks, flame or direct rays of the sun. The containers of paint shall be kept covered or properly fitted with lid and shall not be kept open except while using.

c) Fire extinguishers shall be located at the construction site at appropriate places.

d) Adequate number of workmen shall be given education and training in fire fighting and extinguishing methods

I.11. WORK IN RADIATION AREA

The Contractor shall follow the stipulated procedure regarding work in the radiation are and other works related with radiography.

________________ _______________ ________________ ________________ Contractor



I.12. WORK IN AND AROUND WATER BODIES

When the work is done near any places where there is risk of drowning, all necessary rescue equipment such a life buoys and life jackets shall be provided and kept ready for use and all necessary steps taken for prompt rescue of any person in danger and adequate provision shall be made for prompt first-aid treatment of all injuries likely to be sustained during the course of the work. Persons who do not know swimming shall not be engaged alone for any work where risk of drowning exists. Sufficient number of life buoys or life jackets shall be provided.

I.13. MEDICAL FACILITIES

.1 The Contractor shall arrange for medical aid and treatment for his staff and workers engaged on the work site including the first-aid facilities if they are not available at the project site.

.2 First-aid appliance including sterilized dressing, cotton wool and antiseptic cream shall be made available at readily accessible places at every work site. These shall be maintained in good order under the charge of a responsible person.

.3 At large work places where hospital facilities are not available within easy reach of the work, first-aid posts shall be established. Ambulance availability shall be identified during the entire period of work for attending to injury cases.

I.14. SAFETY CO-ORDINATOR

The Contractor shall have a Safety Office or a Supervisor to be designated as a Safety Coordinator in order to specifically look into the implementation of different safety requirements of the site work. The person thus designated will in general co-ordinate on matters of safety and in particular ensure that the Safety Manual is complied with. His name shall be displayed on the Notice Board at a prominent place at the work site.

I.15. REPORTING OF ACCIDENT

.1 All accident leading to property damage and/or personnel injuries shall be reported to the concerned authorities viz. Insurance Co. Police, Head Office, Regional Office, etc.

.2 Contractor shall also submit a monthly statement of accidents to the General Manager (P&A) by 4th of every month showing details of accident, nature of injury including disability, days lost, treatment provided, etc., and the extent of property damage.

I.16. PUBLIC PROTECTION

The Contractor shall make all necessary provisions to protect the public. He shall be held responsible for defense of every action of other proceedings at law that may be brought by any person for injury sustained owing to neglect of any precaution required to taken to protect the public.

I.17. OTHER STATUTORY PROVISIONS

All operations involving the transport, handling, storage and use of explosive shall be as per the standing instructions and conform with the latest Indian Explosives Act and the explosives Rules. Handling, transport, storage and use of compressed gas cylinders and pressure vessels shall conform to the latest Gas Cylinder Rules and Static and Mobile Pressure Vessels (Unfired) Rules. In addition, The Indian Electricity Act and Indian Electricity Rules - latest, the Atomic Energy Act, the Radiation Protection Rules - latest, Radiation Protection Manual of Nuclear Facilities and the Atomic Energy (Factories) Rules – latest, and various latest rules and Act related to mining shall also be strictly complied with.

I.18. GUIDELINES AND GENERAL PROCEDURES FOR SUPPLY AND USE OF ELECTRICITY AT SITE

________________ _______________ ________________ ________________ Contractor



.1 GENERAL

Following safety requirements shall be complied with before the Contractor uses the power supply.

.1.1 The Contractor shall submit a list of licensed electrical staff to be posted at Site.

.1.2 It shall be the responsibility of the Contractor to provide and maintain complete installation on the load side of the supply point with regard to the safety requirements at Site. All cabling and installation shall comply with the appropriate latest statutory requirements given below and shall be subject to approval of the client at site:

a) Indian Electricity Act.b) Electricity (Supply) Act.c) Indian Electricity Rules.d) National Electricity Code.e) Other relevant rules of Local Bodies and Electricity Boards.The power supply shall be regulated as per the terms and conditions of the supply of the respective electricity boards.

.1.3 Where distribution boards are located at different places the Contractor shall submit schematic drawing indicating all details like size of wires, Over head and Cable feeders, earthing etc. The position and location of all equipment and switches shall be given.

.1.4 The Contractor shall make his own arrangement for main earth electrode and tapings thereof. The existing earth points available at site can be used at the discretion of client with prior permission. Method of earthing, installation and earth testing results shall conform to relevant I.S. Specifications (IS-3043).

.1.5 All three phases’ equipment shall be provided with double earthing. All light fixtures and portable equipment shall be effectively earthen to main earthing.

.1.6 All earth terminals shall be visible. No gas pipes and water pipes shall be used for earth connection. Neutral conductor shall not be treated as earth wire.

.1.7 The Contractor shall not connect any additional load without prior permission of client.

.1.8 Joints in earthing conductors shall be avoided. Loop earthing of equipment shall not be allowed. However, tapings from an earth bus may be done.

.1.9 The entire installation shall be subjected to the following tests before energisation of installation including portable equipment:-a) Insulation resistance test.b) Polarity test of switches.c) Earth continuity test.d) Earth electrode resistance.The test procedures and their results shall conform to relevant standards.

.2 Following guidelines are provided for general observations: -

.2.1 INSTALLATION

a) Only persons having valid wireman’s license/competency certificate shall be employed for carrying out electrical work and repair of electrical equipment, installation and maintenance at site. A qualified licensed Supervisor shall supervise the job.

b) Electrical equipment and installations shall be installed and maintained as to prevent danger from contact with live conductors and to prevent fires originating from

________________ _______________ ________________ ________________ Contractor



electrical causes like short circuits, overheating etc. Installation shall not cause any hindrance to movement of men and materials.

c) Materials for all electrical equipment shall be selected with regard to working voltage, load and working environment. Such equipment shall conform to the relevant standards.

d) The minimum clearance to be maintained for all overhead lines along roads and across roads shall be as per the statutory requirements.

e) Grounding conductor of wiring system shall be of copper or other corrosion-resistant material. An extra grounding connection shall be made in appliances/equipment where chances of electric shock is high.

f) Electric fuses and/or circuit breakers installed in equipment circuits for short circuit protection shall be of proper rating. It is also recommended that high rupturing capacity (HRC) fuses are used in all circuits. For load of 5 kW or more earth leakage circuit breaker shall be provided in the circuits.

g) Wherever cables or wires are laid on poles, a guard wire of adequate size shall be run along the cables/wires and earthen effectively. Metallic poles as a general rule, shall be avoided and if used shall be earthen individually. Anti climbing guards and danger notices shall be provided on poles. Each equipment shall be a individual isolating switch.

h) Wires and cables shall be properly supported and an approved method of fixing shall be adopted. Loose hanging of wires and cables shall be avoided. Lighting and power circuits shall be kept distinct and separate.

i) Reinforcement rods or any metallic part of structure shall not be used for supporting wires and cables, fixtures, equipment, earthing etc.

j) All cables and wires shall be adequately protected mechanically against damages. In case the cable is required to be laid under ground, it shall be adequately protected by covering the same with bricks, Plain Cement Concrete (PCC) tile or any other approved means.

k) Using suitable cable glands shall properly terminate all armoured cables. Using cable lugs/sockets shall connect multi-stranded conductor cables. Cable lugs shall preferably be crimped. They shall be of proper size and shall correspond to the current rating and size of the cable. Twisted connections will not be allowed.

l) All cable glands, armoring and sheathing of electric cable, metal circuits and their fittings, metallic fittings and other non-current carrying parts of electrical equipment and apparatus shall be effectively grounded.

m) All the Distribution Boards, Switch Fuse Units, Bus bar chambers, ducts, cubicles etc. shall have MS enclosures and shall be dust, vermin and waterproof. The Distribution Boards, switches etc. shall be so fixed that they shall be easily accessible. Changes shall be done only after the approval of the clients.

n) The Contractor shall provide proper enclosures/covers for protection of the entire switchboard, equipment etc. against rain. Exposed live parts of all electrical circuits and equipment shall be enclosed permanently. Crane trolley wires and other conductor which cannot be completely insulated shall be placed such that they are inaccessible under normal working conditions.

o) Ironclad industrial type plug outlets are preferred for additional safety.

________________ _______________ ________________ ________________ Contractor



p) Open type distribution boards shall be placed only in dry and ventilated rooms; they shall not be placed in the vicinity of storage batteries or otherwise exposed to chemical fumes.

q) Isolating switches shall be provided close to equipment for easy disconnection of electrical equipment or conductors from the source of supply when repair or maintenance work has to be done on them.

r) In front of distribution boards a clear space of 90 cm shall be maintained in order to have easy access during an emergency.

s) Adequate working space shall be provided around electrical equipment, which require adjustment or examination during operation.

t) As far as possible electrical switches shall be excluded from a place where there is danger of explosion. All electrical equipment such as motors, switches and lighting fittings installed in workroom where there is possibility of explosion hazard shall be explosion proof.

u) All connections to lighting fixtures, starters or other power supplies shall be provided with PVC insulate, PVC sheathed twin/three/four core wires to have better mechanical protection for preventing possible damage to equipment or injury to personnel. Taped joints shall not be allowed and the connections may be made in looping system. Electric starter of motors, Switches shall not be mounted on wooden boards. Only sheet steel mounting or iron framework shall be used.

v) All the lighting fixtures and lap holders shall be of good quality and in good condition. Badly repaired or broken holders, etc. shall not be used.

w) Only PVC insulated and PVC sheathed wires or armoured PVC insulated and sheathed cables shall be used for external power supply connections of temporary nature. Weatherproof rubber wires shall not be used for any temporary power supply connections. Taped joints in the wires shall not be used.

x) The bulbs/lamps used for illumination and testing purpose shall have cover or guard to protect them from accidental breakage. Only 24 V supply system shall be used for hand lamps etc. while working inside metallic tanks or conducting vessels.

.2.2 OPERATION & MAINTENANCE

a) All persons, who work with electrical installation/equipment shall be aware of the electrical hazards, use to protective devices and safe operational procedures. They shall be given training in fire fighting, first aid and artificial resuscitation techniques.

b) The Contractor shall instruct the workers in the proper procedure, specify and enforce the use of necessary protective equipment such as adequately insulated pliers, screw drivers, fuse pulleys, testing lamps and similar hand tools. Only wooden ladders shall be used to reach the heights in electrical work.

c) No material or earthwork shall be allowed to be dumped below or in the vicinity of the bare overhead line conductors.

d) Before any maintenance work is commenced on electrical installations/equipment, the circuits shall be de-energised and ascertained to be dead by positive test with an approved voltage-testing device. Switches shall be tagged or the fuse holders withdrawn before starting the work. Adequate precautions shall be taken in two important aspects viz.

________________ _______________ ________________ ________________ Contractor



i) That there shall be no danger from any adjacent live parts and

ii) That there shall be no chances of re-energisation of the equipment on which the persons are working.

e) While working on or near a circuit, whenever possible the use of one hand may be practiced even though the circuit is supposed to be dead. The other hand may preferably be kept in pocket.

f) When it is necessary to touch electrical equipment (for example when checking for overload of motors) back of the hand may be used. Thus, if accidental shock were to cause muscular contractions, one would not ‘freeze’ to the conductor.

g) Operations of electrical equipment shall be avoided which standing on wet floor or when hands are wet.

h) Before blown fuses are replaces, the circuit shall be locked out and an investigation shall be made for the cause of the short circuit or overload.

i) When two persons are working within reach of each other, they shall never work on difference phases of the supply.

j) When structural repairs, modification or painting work are to be undertaken, appropriate measures shall be taken for the protection of persons whose work may bring them into the priority of live equipment/circuit.

k) It shall be ensured that the insulation and wire size of extension cords are adequate for the voltage and current to be carried.

l) While tapping electricity from the socket, plug top must be used. It shall be ensured that no extension boards are over loaded while tapping. Only standard three pin plugs shall be used for tapping electricity. Broken sockets/plugs shall be replaced immediately with good ones. Only joints free cables shall be used for connecting equipment/apparatus.

m) Floors shall be kept free from tailing electrical cables to avoid tripping hazard.

n) Power supply to the entire machines and lighting fixture shall be switched off when not in use.

o) Temporary electrical connections shall be removed as soon as the stipulated work is over. After completion of the works, the Contractor shall dismantle the distribution boards and the other facilities erected at site.

p) Unauthorised tapping of power by others from distribution boards under the control of the NCC shall be prohibited at all circumstances.

q) No flammable materials shall be stored in any working area near the switchboards.

r) “MEN ON LINE” “DO NOT SWITCH ON” “DANGER” OR “CAUTION” boards as applicable shall be used during maintenance works on the electrical equipment.

.2.3 PORTABLE ELECTRICAL EQUIPMENT

a) Portable electrical equipment shall be regularly examined, tested and maintained to ensure that the equipment and its leads are in good order. Register shall be maintained for inspection recording the testing dates and results of the equipment.

b) All portable appliances shall be provided with tree core cable and three-pin plug. The third pin of the plug shall invariably be earthen. It shall be ensured that the metal part of the equipment shall be effectively earthen.

________________ _______________ ________________ ________________ Contractor



c) All connections to portable equipment or machines from the panel/distribution board/extension board shall be taken using 3 core double insulated PVC flexible copper wire in one length. No joints shall be allowed in this flexible wire. In case single length of wire is not sufficient for a particular location then the supply can be tapped by providing another extension board comprising of switch and socket.

d) Flexible cables for portable lamps, tools and apparatus shall be regularly examined, tested periodically and maintained to ensure safety.

I.19. SAFETY CODES IN CONSTRUCTION INDUSTRY

.1 EXCAVATION (IS-3764)

Location and protection of underground utility–viz. Water main, cables.

Barricade – openings.Lamp at night – warning signs.Excavated material – 5 ft. AwayShoring for sides – avoid sides from collapsing.

Avoid vertical cuts.Water controlled.Equipment / vehicles at safe distance.

Ensure stability of other structures nearby.Do not take gas cylinders inside trenches.Trenches greater that 4 ft. Depth should be provided with shoring – ladder for each 30 mtrs. Excavated portion.

.2 BLASTING (IS-4081)

Accidents are caused during blasting due to the following main reasons:a) Wrong placement of charge in the blast hole.b) Inadequate size of blast hole.c) Excess quantity of charge.d) Misfires during actual blasting.e) Wrong handling of explosives.

The following points should be observed during blasting operation:

a) Do not carry out blasting near any structure, foundation, column, crane, installation etc.b) Explosives should be of low sensitive to external influence (shock, friction, heat, sparks,

etc.).c) The radius to depth ration of the blast should be kept as low as possible so that the flight

range of the fragments will be reduced.d) The charge should be placed in such a way that the angle of throw of fragments would be

between 85 to 900 with the horizontal.e) Trans, Handling, storage of explosives as per Indian explosive act.f) Supervision by experienced person.g) Prior warning – evacuation to 400 meter away.h) If charge fails – wait ½ hour/exam.i) Store explosives in standard magazines.j) No smoking signs.k) Proper accounting of explosives.l) Cases opened with wooden tools only.m) Post flagmen – cordon off area.n) Advise near by residents of danger.o) Use non-sparking tools/shoes.p) Do not carry matches/open lights.q) Use flameproof fittings/lights.r) Children/unauthorised persons are not allowed in this area.

________________ _______________ ________________ ________________ Contractor



s) For electrical blasting, voltage shall not exceed 220v.t) Do not carry on blasting under over-head power line/utility communication/utility lines.u) Used loud siren to mark beginning & completion of blasting.v) Only authorised persons allowed to go to misfired holes.w) Misfired explosives to be disposed in accordance with explosives actx) Leaky explosives to be washed with de-sensitising agents.y) The charge should be placed in the boreholes only when the blasting operation is carried

out – not earlier.

.3 CEMENT WORKS

Cement dermatitis, burns-use gum boots, gloves, respirators.

.4 SCAFFOLDING (IS 4014(PART II))

a) Clear the area of unwanted materials.b) Erection under proper supervision.c) Ensure ropes & cables are in good condition.d) Ensure that all structural members and all connections adequate.e) Supports strong – adequate cross bracing.f) Ensure ground is safe and provide proper foot hold.g) Keep ladder/working area free of grease/oil.h) Passerbies are protected.i) Provide guardrails & toe board.j) Wear safety belt, helmet while working on scaffolding.k) Do not use the scaffolding for more than 15 days without rechecking.l) Frequent inspection.m) Excavation is not permitted near base of scaffolding.

.5 LADDERS (IS 3696 (PART II))

a) Proper inspection – rungs/steps are not spliced.b) Properly secured – top & bottom.c) Side rails on fixed ladders to extend above top landing.d) Build up ladders of sound material.e) Rungs not to exceed 12 inches.f) Step ladders fully open during use.g) Metal ladders – prohibited near electrical lines.h) Proper maintenance and storage after use.

.6 BARRICADES

a) Floor openings covered/barricaded properly.b) Road ways/side walks protected.c) Traffic controlled.

.7 CONCRETE CONSTRUCTION

a) Forms properly installed and braced.b) Adequate shoring, plumbing and cross bracing.c) Shoring remains in place till strength attained.

d) Proper curing period & procedure.e) Mixing & transporting equipment properly supported/routed.f) Adequate runways.g) Protection from cement dust.h) Hard hats – safety shoes, skin covering.

________________ _______________ ________________ ________________ Contractor



i) Nails to be removed from shuttering material.

.8 MASONRY

a) Proper scaffolding.b) Dust protection.c) Safe hoisting equipment.

.9 HOISTS, CRANES, DERRICKS

a) Inspect – cables, slings, chains, hooks, eyesb) Equipment stability/supports.c) Out riggers used if required.d) Power lines removed/inactivated (cranes).e) Signals understood and observed.f) Experienced operators.g) All equipment properly lubricated/maintained.h) Protective head gears.i) If person climbs on derrick installed for lifting material, special precautions should be

taken.j) Gas cylinders are kept in properly designed cages.k) Periodical test/inspection of hoists, cranes.l) Mark “safe working loads” on hoists/cranes.m) Cranes to be operated by certified operator.n) Ensure that slings are vertical.o) Do not drag chains, slings, hooks and load over the floor.p) Know the load before lifting.

.10 CONVEYORS:a) Proper inspection & maintenance.b) Screens and other protection.c) Adequate inspection and maintenance, ladders, light.

.11 HEAVY EQUIPMENT & TRUCKS

a) Qualified operators with license.b) Vehicle laws & regulations to be observed.c) Check – breaks, lights, warning devices and wheels.d) Weight limits – load sizes controlled.e) Haul loads well maintained – properly laid.f) Personnel not carried in unsafe manner.g) Protection when equipment not used.h) Planned inspection – maintenance.i) Adequate equipment recordsj) Proper oil, fuel, lubricants used.

.12 HOUSE KEEPING & SANITATION

a) General neatness in working area.b) Regular disposal of waste/trash.c) Pathways and walkways clear.d) Adequate lighting.e) Sanitary facilities – clean.f) Adequate drinking water.

.13 EMERGENCY PROCEDURE

a) First aid station – properly manned.b) First aid boxes – with items.c) Injuries reported promptly.

________________ _______________ ________________ ________________ Contractor



d) Safety net used for heights – belts.e) Adequate escape facilities.f) Proper storage of tools when not being used.

.14 WELDING – CUTTING

a) Qualified operators.b) Proper screen, shield, goggles, gloves, clothing, equipment.c) Electrical equipment – grounded – inspected.d) Power cables protected & in good condition.e) Fire extinguishers – available.f) Inspection of fire hazards.g) Flammable materials – protected (40 feet away).h) Gas cylinders – upright & chained.i) Gas line, torch in good condition.j) Trolleys for moving cylinders.k) Proper covering of mezzanine holes or barricades for cut portion.l) Barricades/notices below mezzanine being cut – work permit (spl).m) Helper also to use goggles.

.15 FLAMMABLE GASES – LIQUIDS

a) “No smoking” signboard.b) Containers clearly identified/marked.c) Proper storage practices.d) Proper storage temperature – protection.e) Fire hazards to be checked.f) Proper & adequate fire extinguishers.g) Neat storage area – clear passages.h) Material firmly stacked – not too high.i) Entry restricted.j) Store in separate enclosed area.

.16 HANDLING AND STORAGE

a) Proper number for operation.b) Person picking up leads correctly.c) Materials protected from heat/moisture.d) Protection from falling into hoppers/bins.e) Dust protection observed.f) Extinguishers/fire protection available.g) Traffic routing and control.

.17 POWER TOOLS

a) Good house keeping where used.b) Tools – cords – earthing – in good condition.c) Proper instructions for use.d) Proper mechanical safe guards.e) Tools nearly stored when not in use.f) Right tool for job.g) Proper wiring.h) Proper training to operator.i) Proper supervision.j) Use of safety appliances – goggles – face shield.k) Flying hazards checked up.

________________ _______________ ________________ ________________ Contractor
