ASSIGNMENT-Construction Contracts and Contracting

8/10/2019 ASSIGNMENT-Construction Contracts and Contracting

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CONSTRUCTION CONTRACTS AND CONTRACTING 2014

PGPCM ,1stSem., NICMAR-SODE, Pune 1

Project name

INFRALINE TECHNOLOGIES, Noida

The proposed project is to develop an Office Building by the name of INFRALINETECHNOLOGIES at Noida in the State of UP on a land measuring approximately 3

acres situated at Sector 03, Noida.

INFRALINE TECHNOLOGIES Towers comprises of three basements, ground floor

and 8 floors > the Building complex comprises of organized open spaces, with

summative built-up area of about 31,500 Sq. m. Amenities and facilities like

elevators, power back-up, water supply and sanitation, fire-fighting, electronic

security etc. will be centrally provided in the complex.

Scope of work

Scope of work for the office consists of Civil, Structure & finishing Works for sub &

superstructure compromising of following Areas:

Floor Area in Super Structure is 13,700 sq. m.

Floor Area in Sub Structure (Basements) is 25,800 sq. m

The scope of work shall comprise mainly of carrying out construction work for

the proposed Office Complex (Ground + 8 story maximum + machine room & roof

top water tank) and basement floor area (under tower only). The Contractor shall

arrange all materials, labour & equipment as required for successful completion of

the work.

Work shall be executed as per C.P.W.D. specification, Quality Plan, BOQ Technical

Specification attached to BOQ and as per approved drawings and direction of

Engineer In-charge of Crossings Infrastructure Pvt. Ltd.

The site shall be handed over to M/s. Anup Builders Pvt. Ltd. with complete

excavation and laying of hard core surface.

The Contractor shall be completing the entire work of the proposed office and

handover the complete apartments as per the following broad specification:-

1. Structure:Earthquake resistant structure duly vetted.

2. External Finish:

Semi Unitized Structural Curtain Glazing as required with texture paint

3. Internal Finish:


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All internal walls shall be plastered & painted as per the decision made by

architect.

4. Flooring:

Ceramic tile, IPS and Stone flooring as per specified in BOQ and drawings. .

5. Doors/Windows:

Wooden frames, Architraves, flush door shutters and fire doors as perspecifications.

6. Electrical:

All Electrical work should be in Compliance with requirements of technical

specification.

7. Water Supply:

Underground and overhead water tanks with pumps for uninterrupted supply of

water and for fire requirements.

8. Water Proofing:

Waterproofing of basements, all Terraces, Sunken areas, toilet areas, etc.

9. Services:

Provision of 4 nos. lift with complete machine room. All Plumbing, Sanitary and

Electrical works as per specification inside the building and connection up to the

Main Feeder/Ring Main. Storm Water and Sewerage line to be connected to

main. Firefighting system inside the building with provision of fire hydrant in each

floor with a sprinkler system.

Important points and details of contract

1. Type of contract

ITEM R TE CONTR CT

In an item rate type of contract the contractor agrees to carry out the work as per the

drawings, bill of quantity (BOQ) and specifications in consideration to a payment to be

made which would be entirely on measurements taken as the work proceeds, and at the

unit price or the item price tendered by the contractor. The basis of contract is unit rate,

certain reasonable variations are accepted by both parties.

The Contract shall be an item rate Contract wherein the item rates are for the finished

work as per the Contract Documents. The Contractor shall be entitled to payment, in

Indian Rupees, of no more than the Contract Price as stated in the Letter of Award / Work

Order, in consideration of the Work performed and completion of the Work. However, the


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Contract Price may be altered on account of a change order approved in advance by the

Project Manager.

The Contract Price shall include payment for the supply of all labour (including payment to

his Sub-Contractors), equipment, materials, plant and machinery, tools, transportation,

framework, scaffolding, construction of civil works and all applicable taxes including theWork Contract Tax (WCT), Service Tax, duties, octroi, levies, royalties, fees, insurance

premiums, contributions towards employees benefits including ESI and PF and funds,

distribution of power and water and all services and activities constituting the Scope of

Work defined in the General Conditions of Contract.

Suitability:

The item rate contract is most commonly used for all types of engineering works

financed by public or government bodies. This type of contract is suitable for works

which can be split in to various items and quantities under each item can be estimated

with accuracy.

In this type contract, there is no need for detailed drawings at the time of allotting

contract as in the case of lump sum contract. The detailed drawings can be prepared

after the contract is awarded.

Changes in drawings and quantities of individual items can be made as

per requirement within agreed limits.

The payment to the contractor is made on the actual work done by him at the agreed

rates.

2. Time schedulea) Time - is the essence of the contract:

The time allowed for carrying out the Work as entered in the tender shall be strictly

observed by the Contractor and shall be deemed to be of the essence of the

Contract and shall be reckoned from the date of award of the Contract. The Work

shall proceed with due diligence until Final Completion. The Contractor shall

prepare a Construction Programme with time schedule keeping in view the

completion period stipulated for specific portions of the Work and also the overall

completion time and submit the same for the approval of the Project Manager. The

Contractor shall comply with the time schedule as approved by the Project Manager.In the event of the Contractor failing to comply with the overall and individual

milestones contained in the time schedules, he shall be liable to pay liquidated

damages as provided for in this Contract.


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b) Completion Period:

The date of commencement of the Work shall be from the fifteenth day from the

date of issue of letter of intent (LOI) and completion will be as mentioned in the

schedule of fiscal aspects.

The Milestone dates shall be as per the schedule attached. In case the

Contractor fails to meet the above stipulated completion period, Contractor shall

be liable to pay to the Owner / Project Manager, the liquidated damages. In

addition to the overall time period, the Contractor shall provide access to Sub-

contractors and Vendors, employed directly by the Owner / Project Manager.

c) Causes of delay for which claims for extension of time may be considered;

The Contractor shall be entitled to claim for extension of time, subject to the Conditions

herein, should he be delayed or impeded in the execution of the Work by reason of thefollowing:

Force Majeure;

Delay in the receipt of constructionstatusdrawings from the Architect provided

that, in the opinion of the Project Manager, the Contractor has made every effort

and Endeavour to minimize the effect of such delays.

Any change orders directed by the Project Manager, which in the opinion of the

Project Manager entail the requirement of additional time for completion of the

Work.

Should any deletions or changes in the scope of the Work reduce the time required to

complete the Work under the Contract, then the time savings accruing from such deletions

may be considered by the Project Manager in offsetting the durations awarded for an

extension of time.

The work shall be carried out and completed strictly as per the following time schedule: -

Completion of total structure: 18 months from LOA

Total completion including finishing: 24 months from LOA.

The activity wise time schedule shall be indicated in Milestone Chart to be

submitted prior to issuance of Letter of Award. The Contractor shall strictly adhere to the

time schedule of all activities as mutually agreed.

Project Chart for Civil and Structural Work


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MAJOR MILESTONES DATES

Award of Work / LOI D- Days

Start of Construction D+ 15 Days

Completion of Basement Structure D+ ----- Days

Completion of Super Structure D+ ----- Days

Contractor has to furnish the detailed construction programme based on the abovemilestone and also incorporating the activities of other services contractors, keeping inview the provisions under various clauses of contracts.Quantities given in the schedule (BOQ) are provisional. The quantity given in the BOQ

may vary up to any extent. The Contractor will have no claim on account of variation ofquantities and shall be liable to carry out the quantity under variation as per item wise

agreed rate. The overall variation limit of the contract value shall be 30%.

3. Taxes, duties etc.

As part of the Contract Price, the Contractor shall, in connection with the Work, include

sales tax, octroi, all applicable duties, Service Tax, works contract tax, labour cess and

any other taxes.

4. Notices, fees, byelaws, regulations, etc.

The Contractor shall comply with all applicable laws and Government Acts including the

Byelaws or regulations of Central and / or Local Authorities relating to the Work in so far as

labour, construction, fabrication and installation activities are concerned, and he shall

obtain from the Central and / or Local Authorities all permissions and approvals required

for the plying of trucks, construction machinery etc., and also for construction of temporary

offices, labour camps, stores and other temporary structures in connection with the Work,

and the Contractor shall give all notices and pay all fees and charges that are and that can

be demanded by law there under. In the Contract Price for the Work, the Contractor shall

allow for such compliance and work, and for the giving of all such notices, and shall

include the payment of all such fees and charges.

5. Licenses and permits

The Contractor shall directly obtain all licenses and permits for the materials under

Government control, and those required to be obtained by the Contractor for the execution


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of the Work. The Contract Price shall include all transportation charges and the other

expenses that may be incurred in this connection.

6. Royalties and patent rights

All royalties or other sums payable by the contractor in respect of the supply and use of

any patented articles, processes or inventions for the carrying out of the Work as

described by or referred to in the Contract Documents, shall be deemed to have been

included in the Contract Price. The contractor shall keep the Owner & Project Manager

indemnified against all such demands as may arise on account of payment of royalties.

7. Insurance

The Contractor himself or through his Sub-contractor shall obtain and maintain insurance

as under for the complete period of work:

a. Contractor All Risk (CAR) Policy for cost of contract.

b. Workmen Compensationc. Third Party & any other statutory obligation

d. Labour License

8. Labour regulations

The Contractor shall, in respect of labour employed by him shall comply with the provision

of labour legislation including latest requirement of all the Act, Law,

the payment of minimum wages Act, ESIC, Employees Provident Fund and all other statut

ory orders in relation to the execution of work. Contractor would have to submit registration

copies in regard to E.S.I. & P.F. And also have to submit copies of contribution on this A/cfrom time to time.

9. Setting out and site surveys

The Contractor shall establish, maintain and assume responsibility for all bench marks and

grid lines, and all other levels, lines, dimensions and grades that are necessary for the

execution of the Work, in conformity with the Contract Documents. The Contractor shall

establish his relation to the permanent benchmarks and boundary lines established at the

Site. The Contractor shall verify and co-relate all the survey data available at the Site

before commencing the Work and shall immediately report in writing any errors or

inconsistencies to the Project Manager.

10. Assignment and sub-letting

The Contractor shall not assign this Contract. The Contractor may, however, sub-contract

any part of the Work with the prior written consent of the Project Manager. As soon as


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practicable, but at least four weeks before awarding any Sub-Contract, the Contractor shall

submit to the Project Manager in writing the names of the Sub-Contractors along with their

profiles and work experience proposed for any part of the Work, for the approval of the

Project Manager.

11. Payments and secured advancePayments for executed work:

a) Billing: The Contractor shall prepare measured bills as directed by the

Project Manager (detailed measurement, abstract sheet, purchase bills,

and other supporting documents) once per month and submit the same to

the Project Manager in quadruplicate for checking and issue of interim

certificate. Contractor shall also provide soft copy of the bills prepared on

latest version of MS office software.

b) Payment of Bills: Running Account Bills: The Contractor has to submitthe Running Account Bills in quadruplicate once in a month along with

detailed measurements in serially machine numbered register, abstract

sheets, deviation statement for ongoing and completed work, purchase

bills, materials reconciliation statement and any specific instructions which

may be given in this regard by the Project Manager shall also be adhered

to by the Contractor.

c) Running Bill Certification: The Contractor shall prepare and submit

running bills to the Project Manager once a month throughout theConstruction period. Provided that amount of said billing exceeds the

minimum value for the running bill stipulated in the Schedule of Fiscal

Aspects annexed to these General Conditions of Contract.

Running bills shall be presented along with soft copy in a format to be

agreed in advance with the Project Manager and shall be supported by,

detailed measurements item by item.

Retention Money and Mobilization Advance shall be applied to interim

billings as mentioned elsewhere in the general conditions of contract.

Cost of materials if any issued by the Owner / Project Manager shall be

recovered from the running bills at rates specified in the Contract

Documents.

Within 7 days of the receipt of Contractors running bill for payment, the

Project Manager shall check and point out corrections, if any to be made in


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the bill. The Contractor shall correct the bill and resubmit the same to the

Project Manager.

Within 15-21 days of receipt of the corrected bill from the Contractor, the

Project Manager/Architect shall check the bill and forward it to the Client for

payment.

The payment of running bills shall be made by the Owner /Project Manager

within 7 days from receipt of the Project Managers approval certificate for

payment.

All running bills shall be accompanied with detailed material reconciliation

statements for cement; steel and other Owner supplied materials.

d) Retention Money:

Deduction towards Retention Money shall be made at 10% of the value of

Work as certified by the Project Manager during each running bill subject to

a maximum of 10% of the contract value. 50% Retention money will bereleased after issue of Virtual Completion Certificate on submission of bank

guarantee of the same amount and valid for the defects liability period

including any extensions thereof.

The balance 50% of retention money shall be returned after issue of Final

Completion Certificate on completion of Defects Liability Period including

any extensions thereof, provided that the building is then free of defects and

the Contractor has rectified all defects identified by the Project Managers,

Architects and Owner. The Retention Money shall not carry interest.

e) Final Bill: The final bill shall be submitted by the Contractor within one month of the

date fixed for Virtual Completion of the Work or of the date of the Virtual

Completion Certificate whichever is later, issued by the Project Manager.

The final bill will be certified by the Project Managers within 30 working days

from the date of the bill submitted. The Contractor shall be paid by the

Owner within 30 working days of receipt of the Project ManagersCertificate.

The Contractor shall submit a list of the disputed items within thirty days

from the disallowance thereof and if he fails to do this, his claim shall be

deemed to have been fully waived and absolutely extinguished. No further

claim shall be made by the Contractor after submission of the final bill andthese shall be deemed to have been waived and extinguished.

f) Secured Advance (Materials): No Secured advance shall be payable.


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12. Defect liability period

Defect Liability Period of the Contract shall be 24 months from completion of the work

under different phases. The Contractor during the said Defect Liability period shall be

responsible to make good and remedy at his own expenses all defects pointed out by

the Project Manager.

13. Extra item

In case any item not covered in the BOQ is required to be carried out, the rate

for the same shall be derived from the nearest similar item available in the BOQ.Howev

er, in case no such similar item of work exists in the BOQ, the rate for the same shall be

derived as per market rate + 10% profit. Material and Labour component for such extra

item shall be as per norms given in DAR. (Latest revision).

14. Construction programme, schedules and progress reports

Every contractor should furnish along with his tender an overall construction programmeutilizing a known CPM software package like Microsoft Project, latest version. The

construction programme shall clearly show all the sequential activities of work required

to be carried out from the commencement of the Work up to the Virtual Completion.

Work associated with each of the packages, i.e., civil, water supply and sanitation,

firefighting, elevators, HVAC and electrical works etc., shall be clearly identifiable.

Every week, or sooner if required by the Project Manager, the approved programme

charts shall be reviewed in relation to the actual progress of the Work, and shall be

updated as necessary. If at any time it appears to the Project Manager that the actual

progress of the Work does not conform to the approved programme, the Contractor

shall produce, at its expense and without reimbursement therefor, a revised programmeshowing the modifications to the approved programme and the additional input of

resources by the Contractor necessary to ensure completion of the Work within the time

stipulated for completion.

15. Drawings

Contract Drawings duly signed by the Architect are diagrammatic but shall be followed

as closely as actual construction permits. Any deviations made shall be in conformity

with the direction of the Project Manager and with the prior approval of the Architect.

Structural drawings shall take precedence over Architectural drawings, which in turn

shall take precedence over services drawings in regard to all dimensions. TheContractor shall verify all dimensions at the Site and bring to the notice of the Project

Manager discrepancies if any, the Project Manager's decision in this respect shall be

final.


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16. Work to be carried out by licensed persons/firms

Technically competent persons or firms holding valid licenses shall only carry out any

special service installations included in the scope of the Work.

17. Inspection and testing of materialsThe Contractor shall, if so required, produce manufacturers' test certificates for any

particular batch of materials supplied by him. The tests carried out shall be as per

relevant Indian Standards and shall be carried out at Government approved test facility

specified by the Project Manager.

For checking setting out and testing materials at the Site the Contractor shall provide

the following minimum testing equipment:

Theodolites

Automatic levels

Steel tapes

Weighing machines Spirit levels, plumb bobs

Micro meters

Thermometers

Hydraulic testing machines

Smoke test machines

Complete concrete testing lab equipment

Moisture meters

Complete sets of sieves

Oven.

All such equipment shall be calibrated at specified frequency for accuracy at a Testing

Facility approved by the Project Manager and calibration certificates will be submitted to


18. Reference drawings

The Contractor shall maintain on site one set of all Drawings issued to him for

reference.

19. Shop drawings

The Contractor shall submit, during the currency of the project, to the Project Managerfour (4) copies of all shop drawings for Architect approval. Shop drawings shall be

submitted generally for the following:

Construction and installation details for shuttering and formworks

Structural Steelwork, especially joint details


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Metal Sheet Roofing: Laps, Ridges, Gutters, etc.

Metal Sheet Cladding and structural glazing details.

For specific areas requiring detailing as called for by the Project Manager /

Architect.

Manufacturer's and/or Contractor's fabrication drawings for equipment supplied

by Contractor.

All the shop drawings shall be prepared on computer through AutoCAD software. Within

7 days after the issue of award of the contract and initial set of working drawings, the

contractor shall furnish to the Project Manager, for the approval of the

Architect/Consultant, four sets of detailed shop drawings of all equipment and materials

as required by the Architect/ Project Manager.

Shop drawings shall be submitted for approval sufficiently in advance of planneddelivery and installation of any materials to allow Architect/Consultant ample time for

scrutiny. No claims for extension of time shall be entertained because of any delay in

the work due to his failure to produce shop drawings at the right time, in accordance

with the approved programme.

Samples of all finishing materials like granite, tiles, paints; etc. other than materials so

specified shall be submitted to the Project Manager prior to procurement. These will be

submitted in triplicate for approval and retention by Project Manager and Architect and

shall be kept in their site office for reference and verification till the completion of the

Project.

Within four weeks of approval of all the relevant shop drawings, the contractor shall

submit four copies of a comprehensive variation in quantity statement, and itemized

price list of recommended (by manufacturers) imported and local spare parts and tools

covering all equipment and materials in this contract. The Project Manager shall make

recommendation to Owner for acceptance of anticipated variation in contract amounts

and also advise the Owner to initiate action for procurement of spare parts and tools at

the completion of project.

20. Completion drawings & standard measurement book (SMB)

On completion of the Work, the Contractor shall submit three (3) complete sets of the

site produced drawings and marked up prints of "AS BUILT" drawings verified and

approved by the Architect to the Project Manager. These drawings shall include and

show all the changes / deviations made from the working drawings during the course of

construction and also the other details as called for by the Project Manager. During the


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execution of the Works a set of drawings shall be retained in the Contractors Site

Offices for the exclusive purpose of recording changes made to the Work as the

construction proceeds. The drawings shall be prepared on computer through AutoCAD

Software and provided to the Project Manager on CD.

Along with the completion drawings the Contractor shall also prepare and submit to theProject Manager the Standard Measurement Book (SMB) in the form of a bound book

and a soft copy of the same. SMB shall incorporate the standard measurements of the

items as per the completion / as-built drawings in modules finalized in consultation with


21. Testing of installations

All water retaining structures and the basement rafts shall be tested as specified for the

waterproof qualities, in the presence of the Project Manager. The Contractor shall also

perform all such tests as may be necessary and required by the Project Manager to

ensure quality of the executed works and by local authorities to meet Municipal andother bye-laws, regulations in force. The Contractor shall provide all labour, equipment,

and materials etc., required for the performance of the tests.

22. Site information

All information, levels and dimensions given in the tender drawings relating to Site

conditions are given in good faith; the Contractor shall, however, make his own

independent inquiries and verify the same. Any claims for extras on account of any

deviations or incorrectness of above referred information, levels etc. and shall be

considered as inadmissible.

The Contractor shall obtain all information relating to local regulations, by-laws and all

regulations applicable to the work or applicable profession. Any claims in this regard

shall be inadmissible.

23. Site instruction file

The Contractor shall maintain a Site instruction file at the Site office. All instructions

received from the Project Manager / Architect relating to the Work shall be retained in

the file.

24. Photographs

Besides submitting progress charts, reports, etc., the Contractor shall submit progress

photographs as directed by Project Manager, every four weeks in triplicate along with

negatives.


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25. Professional integrity and team spirit

It is the intent of the Owner and the Project Manager that this Project will be executed in

a spirit of teamwork and full professional integrity. The Contractor shall fully co-operate

with all agencies concerned to fulfill this objective.

26. Quality assurance and control programme

The Contractor shall establish an effective quality control system at the Site and

implement the same through an independent team consisting of the Contractors

Representative and qualified and experienced engineers and technical personnel to

enforce quality control on all items of the Work and the Project at all stages.

27. Contract drawings

Drawings forming part of the Contract are listed in Annexure B. Further supplementary

Drawings furnished by the Project Manager from time to time shall also be deemed to

form part of the Contract.

28. Entry to the site

The Project Manager, at his discretion has the right to issue passes to control the

admission of the Contractor, his agents, employees and work people to the Site of the

Work or any part thereof. Passes shall be returned at any time on demand by the

Project Manager.

29. Fire precautions

The Contractor shall take all precautions and preventive measures against fire hazards

at the Site and shall assume full responsibility for the same.

30. Performance bond

The Contractor shall furnish a performance bond in the form of a bank guarantee from a

scheduled bank approved by the Project Manager, for the value of 10%on the total

value of contract within Ten (10) days of date of award of Work. The Bank Guarantee

shall be in the approved format and valid till 90 days after the expiry of the Defects

Liability Period including extensions thereof.

31. Drilling, cutting etc.

All cutting and drilling of walls or other elements of the building for the proper

entry/installation of inserts, boxes, equipment, etc. shall be carried out using electrically

operated tools only. Manual drilling, cutting, chiseling, etc. shall not be permitted. No

structural member shall be cut or chased without the written permission of the Project

Manager. Cutting and drilling of structural members shall be carried out using vibration


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free diamond wire sawing and diamond drilling only with prior permission from the

Project Manager. The costs for procurement and using such equipment is deemed to

be included in the Contract and no extra costs will be paid.

32. Approval by statutory bodies

COMMENCEMENT CERTIFICATE, NO OBJECTION CERTIFICATE AND

OCCUPATION CERTIFICATE:

The Project Manager will handle commencement Certificate, No Objection

Certificate and Occupation Certificate if applicable for the permanent building

works under this Contract.

The contractor shall be responsible to obtain and retain with him at his own cost

all other approvals from the statutory bodies pertaining to temporary structures to

be constructed at site and required to facilitate performance of Contractorswork

under the Contract till completion.

Refusal by statutory authorities to issue completion / occupation certificate due to

the Contractors failure to construct the building in accordance with the

sanctioned plans and/or specifications shall render the Contractor liable for

damages and in addition, render him liable to obtain such certificates at his cost.

33. Labour wages

The Contractor shall have no claim whatsoever, if on account of any rules and

regulations or otherwise, he is required to pay wages in excess of fair wages called for

under Clause 12.2 of General Conditions.

34. Mobilisation advance

5% of total value of contract awarded mobilization Advance shall be payable. In case

settled at any later stage, The Mobilisation advance shall be proportionately recovered

from contractorsrunning bills in such a manner so as to start recovery on prorata basis

to the amounts from the 1st R.A Bill, so as to affect full recovery by completion of 80%

contract value.

35. Owner's, project managers & architect's offices & facilities

The Contractor shall provide at all times for the duration of the Contract survey

instruments for the exclusive use of Project Manager for carrying out of their duties inconnection with the Contract.

Such instruments which must be approved by the Architect, shall include but not limited

to the following:


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One theodolite & tripod capable of reading to 20 seconds

One level with horizontal circle and tripod.

Two metric levelling staffs not less than 3.5mtr high.

One 100 meter rust less steel band, one 30 metre rust less steel tape & two 30metre linen tapes.

An adequate number of ranging rods drop arrows, wooden setting-out pegs, etc.

The Contractor shall be solely responsible for all such instruments and equipmentsand

shall ensure that they are at all times in good repair and adjustment.

36. Testing facilities at site

The Contractor shall provide facilities/equipment to test the quality of material being

used. The Contractor shall provide the minimum but not limited to the following facilities

/ equipment and trained staff at site at his own cost.

Compression Testing Machine for concrete and bricks

Slump testing apparatus.

Sieve sets for testing of fine and coarse aggregate balance

Cube moulds

Balance

Ovens

Weighing Machine

The Contractor shall get other tests carried out at his own cost at approved laboratory

as per the directions of the Project Manager.

37. Reports & checklists by contractor

Contractor has to note that Project Manager is an ISO certified company and all

reports, returns & checklists shall conform to ISO standards & procedures as

informed to the Contractor by the Project Manager for time to time. Within 15 days of

award of contract the contractor shall submit the draft formats for various reports andChecklists for the approval of the Project Manager. During progress of the Work the

Contractor shall prepare and submit to the Project Manager various checklists, for

having checked various Works at different stages of progress and reports as per the

approved formats and at specified frequency.


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Indian Institute Of Architects. The colour, texture etc., of the board shall be as per the

Architect's instructions.

39. Site barricading

Site Boundary fencing of RCC posts and barbed wire angle posts with color coated

profile galvanism/GI sheeting existing at site shall be maintained by the Contractor at

his own cost till completion of the Project. However if it is required from the Contractor

to replace / rectify the existing fencing for security purpose the same shall be done at

Contractors own cost subject to approval of design from the Project Manager. The

barricading shall be put in proper line and level and shall be painted as per the

instructions of the Project Manager. Contractor shall at his own cost provide lockable

gates at all the openings in the site barricading that may be required from time to time

during progress of work. Contractor shall be required to provide appropriate rigid

barricading within the site to ensure safety of men and material, at his own cost.

40. Rate only items, non-tendered / extra items and quantitiesexceeding the tendered quantities

The contractor shall immediately and before procurement and execution of the work

obtain a written approval of the variation order from the Project Manager for the rate

only item, non-tendered /extra items and quantities exceeding the tendered quantities.

No payments will be entertained without the Project Managerswritten approval of the

change / variation order. The onus shall be on the Contractor to obtain such prior written

variation order from the Project Manager.

41. Closing of all openings

If the aluminum works are not completed and openings not sealed per the agreed

milestones, the Contractor should immediately close all the openings with plywood and

ensure that there is no water and debris ingress during the curing and external/internal

plastering operations. The costs for procurement and installation will have to be borne

by the Contractor at no extra cost and completed well in advance of the entry date of

other contractors.

42. Water and electricity

Contractor shall make his own arrangement for electricity and water for construction

purposes.

The Contractor shall apply for the temporary connections for which all

charges/expanses shall be borne by the contractor and shall be responsible for all

connections, pumps, pipes, storage facilities and all other things necessary to distribute

and use services from these distribution points. If the water is not in adequate quantities


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or unsuitable for construction purposes then the Contractor should make his own

alternate arrangements.

Temporary Electricity shall be arranged by the Contractor in adequate capacity either

through DG or temporary electrical connection (for day & night use) at his own cost and

shall be responsible for all connections, cabling, wiring, conduiting, panels and all otherthings necessary to distribute and use electricity from as may be required for his work.

The Project Manger does not warrant supply of electricity. The Contractor shall bear all

expenses for maintaining, running, load enhancement (if required) and billing charges.

43. Associated civil works

All civil works required for the storage of materials or the installation of equipments any

other required for the contractor's functioning shall be the responsibility of the

contractor.

44. Performance guaranteeThe contractor shall carry out the work in accordance with the drawings, specifications,

schedule and other documents forming part of the contract.

The contractor shall be fully responsible for the performance of the works executed by

him. All waterproofing works and termite proofing works executed by the contractor,

shall be guaranteed for a minimum period of ten years from the date of final completion

of Project. The guarantees on the approved format shall be submitted to the Project

Manager along with the as-built documentation at the end of the project.

45. Power requirement

The contractor shall submit with their tender, their requirement of power for each of their

equipment along with the number of equipment proposed for use at site.

46. Escalation

No escalation on Contract price / rates shall be applicable during the tenancy of the

Contract period including extensions thereof.

47. Dewatering and flooding control

The Contractor is deemed to have allowed for any and all temporary dewatering, during

the execution of his Work. Such work shall include but not necessarily be limited to thesafe disposal of the resulting water; removal, replacement and/ or recompaction of the

water logged soils/surfaces; backfilling plugging of all temporary sumps, ditches,

temporary materials and devices.


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Contractor shall be deemed to have allowed for all costs associated with removal of

flood waters and any associated sludge debris etc. from the basement level or any other

part of the building so effected in the event of flooding due to heavy rains during his

construction activities and after basement, superstructure work is completed until such

time as Contractor has completed and handed over all his works under the Contract.

48. Boundary walls

Contractor shall protect and preserve existing boundary walls and fencings whether or

not they are eventually to remain or to be removed or replace.

Any removal of such boundaries shall be done in a planned way, with prior notification

to, and approval of, the Project Manager. Any replacement boundary walls / fences, etc.

shall be built soon after or concurrent with the removal, where this is practical and

expedient, such that site integrity be maintained in so far as it is practical.

Contractor is deemed to have allowed for all cost associated with any / all removal and

replacement, where required, of all boundary walls. The materials of the existingboundary walls and fencings shall remain the property of the Owner / Project Manager

and Contractor shall ensure to hand over the same in good condition to the Project

Manager on completion of Project/ removal of the same.

49. Protection / preservation of trees

Contractor shall take all measures necessary to ensure the protection and preservation

of existing trees within / outside the boundary of the site.

50. Settlement of disputes / arbitration

Arbitration means settlement of dispute between two parties involved; generallycontract

or and owner. This settlement generally not by court of law but by a few persons having

complete knowledge of that work and deputed by parties involved. These person

or persons appointed to settle the dispute is called "Arbitrator". Arbitrator gives decision

on the basis of evidences available; enquiries made and his own skills and knowledge.

His decision accepted by both the parties and also incorporated in the decree of the

court if required i.e. if earlier decision is not accepted by either of the parties and if

matter is referred to court of law. Arbitrator has to take such decision which must be

correct and accepted by both the parties. As such Arbitration is an expensive way of

settling the dispute between owner and contractor. As far as possible matter is solved at

very first or second level only. In extreme cases matter is referred to court. The judiciary

procedure and law takes very long hence people to avoid it.

All disputes and differences of any kind whatsoever arising out of or in connection with

this Contract as also with regard to the implementation, meaning, interpretation or

implications of the various clauses of the Contract and those of the Contract Documents


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or in respect of any other matter or thing arising out of or relating to the development

and construction of the Project whether during the progress of the work or after their

completion shall be communicated by the Contractor in writing to the Project Manager

and all possible efforts would be made by the Parties to sort out and resolve all such

matters of controversy, disputes and differences, amicably with due dispatch and

effective priority.

Decisions, directions and clarifications pertaining to measurements, drawings and

certificates taken by the Architect M/s Sandeep Chawla and Associates (SCA) shall be

final and binding on the Parties.

All disputes and differences whatsoever, which shall at any time hereafter arise

between the Parties hereto, touching or concerning this Agreement or its interpretation

or effect or as to the rights, duties, obligations and liabilities of the Parties hereto or

either of them under off by virtue of this Agreement or otherwise as to any other matter

in any way connected with or arising out of or in relation to the subject matter of this

Agreement shall be referred to the Arbitration in accordance with the provisions ofArbitration and Conciliation Act 1996. The Parties agree that the reference of the

disputes and differences between the Parties would be made to the Sole Arbitrator, to

be appointed by the Management Review Committee (MRC) constituted by the Owner

and the Project Manager.

The arbitration venue shall be at New Delhi. The procedure for the arbitration shall be

determine by the Arbitrator. Costs of such arbitration shall be equally shared between

the Owner and the Contractor. The Parties undertake to abide and remain bound by the

award of the Arbitrator so rendered.

The Contractor shall not, except with the consent in writing of the Owner and ProjectManager, in any way delay the carrying out of the Work by reason of such matter,

question or dispute being referred to arbitration.

Functional organization

The Contractor shall at his cost provide and ensure continued effective supervision of

the Work with the help of the ContractorsRepresentative, assisted by team of qualified,

experienced and competent engineers, supervisors and adequate staff, to the

satisfaction of the Project Manager for the entire duration of the Work. The Contractor

shall submit his proposed site organization chart for the approval of the Project

Manager.

The ContractorsRepresentative shall be on the Site at all times as the Work and the

Project progresses and shall be responsible for carrying out the Work to the true

meaning of the Drawings, Specifications, Conditions of Contract, Schedule of Rates, the

other Contract Documents, and instructions and directions of the Project Manager All


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key staff employed at the Site by the Contractor shall be considered essential to the

performance of the Work and the Project Co-ordination Services, and all key staff shall

be subject to the approval of the Project Manager. The Contractor shall at all times be

fully responsible for the acts, omissions, defaults and neglect of all of his

representatives, agents, servants, workmen and suppliers and those of his Sub-

Contractors.

A typical functional organization for a construction site management will consists

of Project Manager, who is obviously a specialist and hold his place in the

organization because of the specialist functions of management he performs. On

technical side he will be assisted by Junior Engineers who are also specialists. They

control the departmental heads, the Foreman.

There may be Masonry Foreman, Carpentry Foreman, Electrical Foreman, Plumbing

Foreman and General Foreman. Each of these Foreman, is a specialists and controlled

the skilled workman who will actually do the work. For example, under the Masonry

Foreman, there may be eight skilled masons who are again specialist and cannot bereplaced by anybody but mason. Same is the case with other Foreman, except in the

case of General Foreman, under whom there will be no skilled workman but only

general unskilled labour who will not do any specialist job.

A similar type of organization can be devised for Architect office. This office is headed

by the head of the organization called probably as Chief Architect. There may be two

Senior Architect working under the Chief Architect.

These will control the work of four Junior Architects. These will be directly involved in

the preparation of architectural drawings for which they may take the assistance of

draughtsmen. Thus it can be seen that each person in the hierarchy ofafunctional organization is specialists, whether he be a mason or carpenter or a

Foreman or an Engineer.

The size of the organization depends on the volume, complexity and the time periods of

the various works being done. The construction team consists of owner, engineers/

architects and contractor. The team is formed to co-operatively plan, design

and execute a particular

project. Theobjective of the team is to execute the owner's project in the best and moste

conomical manner within the stipulated completion time. The owner forms the

construction team to serve his interests through the services of both the contractor and

engineers. The functions of the constituents of any construction team depend upon thescope and nature of the work.


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Site organisation

The organization for the construction firm has to be developed taking into account

the general principles of organization and the special characteristics of the construction

industry. The type of organization suitable for a small construction firm is simple line or

line and staff type of organization.Authority

Executive engineer

1. To coordinate the work of various contractors and to check whether all necessary

instructions have been provided to the contractors.

2. To check the progress of work regularly and to arrange for rectification of faulty

workmanship or inferior quality material.

3. Clearing all bills related to construction work for which he is the final authority.

4. To carry out technical audit and settlement of final contractual dues.

Assistant Engineer:

1. To check the specifications of construction jobs in regard to the quality of materials,

method of workmanship.

2. To plan and organize construction work in his section in order to avoid delay in the

process of work.

3. To keep a record of all measurements of work done and tests carried out at site.

4. To report regularly to the executive engineer on all the above matters.

Junior Engineer/Supervisor/Foremen:

1. To supervise the execution of work at the site in their respective sections.

2. To

place indents of material well in advance to avoid delay in the progress of constructi

on work.

3. To control and provide technical guidance to workers.

4. To check and test materials for quality and quantity.

5. To measure the quantity of work done for the purpose of payment and progress.

6. To report regularly to the assistant engineer on all matters related to site.


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Role of Mistry/Skilled worker:

This category include carpenters, steel fixers, machine operators, drivers, fitters, pipe

jointers etc. They are usually recruited locally for their respective jobs. Their job is to

keep the work going at the right speed and in the right manner intheir sections.

Role of Labourers

They are the ones who assist skilled workers and performed many unskilled jobs at the

site. They expect the right payment and need to be given clear instructions

regarding what to do.

In contractor's site organization, key persons involved in a project.

Important Duties/Role of Project Manager:

1. To coordinate the entire construction work on site and with the head office.

2. To direct and control the construction work on site

3. To employ work force, hire machinery, engage sub-contractors and material

suppliers with or without reference to head office depending on the size of

the project, policy of the firm, distance from head office and also his standing within

the firm.

4. To organize, direct and control men working under him.

5. To check the Progress of work regularly in orders to avoid delay in constructionwork.

6. To call periodically joint meeting of several key personnel working at thesite to

review progress and to issue instruction for speeding up work, if required. The duties

of the resident engineer, Site engineer etc. and are similar to those of the executive

Engineer, Assistant Engineer etc.

The project management construction manpower planning is primarily concerned with

estimating the worker's productivity, scheduling manpower employment, and structuring

it into workers' team and work groups, with a view to economically match

manpower supply with the task requirements. Completion of projects on schedule will

be the completion of number of activities taken up prior to and after the award of the

contract for construction. The construction planning has to be done in a thorough

manner so that all problems likely to arise during design construction are identified. Both

the client and contractor have to work in a spirit of give and take and try to

accommodate each pother to the extent possible.


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The project authority has to ensure that the contractor is provided with the site

for construction and installation of infrastructure facilities and the required equipment,

materials and construction drawings as per a pre-arranged schedule so that there are

no chances of delays on that account.

Although the clients are concerned with the delays in completing projects, they arenotable to take effective measures to address the problems. Even though continuous

monitoring and follow up actions have led to the solution of some projects

specific problems, the overall picture of delays remain unchanged.

The project organizations having failed to improve the completion time despite

numerous studies and action planned tended to live with the status quo as unavoidable.

Making Staff Work as a way of organization life:

An understanding of staff authority lays the foundation for an organizational way of life.Where staff are involved, their responsibility is to develop and maintain a climate of favo

urable personal relations. Essentially, the task of staff is to make the responsible line

managers "look good" and to help them do a better job. A staff person should not

attempt to assume credit for an idea. Not only in this a sure way of alienating line

teammates who do not like being shown up by a staff person, but operating managers

who accept ideas actually bear responsibility for the implementation of the proposals.

Companies also employ the assistance of professional firms, such as consultants to pro

vide advice to line managers. A major reason for conflict in organizations is

that people do not understand their assignment and those of their co-workers. No

matter how well conceived an organization structure may be, people must understand it

to make it work. Understanding is aided materially by the proper use of organization

charts, accurate job descriptions, spelling

outof authority and informational relationships, and introduction of specific goals for spe

cific positions.

Organizational conflict can be reduced by the use of organization charts and

positiondescriptions. Organizing is improved by teaching its nature ans by recognizing t

heinformal organization and the grapevine. Moreover effective enterprises develop and

nurture an appropriate organization culture.


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Methods followed for administration/monitoring

Methods followed for the proper administration and monitoring of the project are as

follows:

a) Maintaining proper communication with the concerning parties through

telephones and letters.

b) Making it very clear the duties of the contractor in the tender document itself.

c) Clearly specifying all the materials specifications in the tender document.

d) Timely site visits by architect/assistant Architect to monitor the construction work.

e) Proper preparation of tender and working drawings.

f) Demanding site progress reports weekly from the contractor.

g) Sending site visits report to the clients/owners for their feedback.

h) Asking for manufacturer's report, testing reports of various materials used for co

nstruction from the contractors.

ConclusionFrom all these elements of organization and scope of work and type contract and with

the management authority we can achieve the success to complete the project with less

time and big profit.

Public contract are required to be let in accordance with certain statutes. The

performanceof construction work is done pursuant to contractual agreement. Although t

here are numerous types of contracts, the contractor's obligation and initial concern is

much more basic. With the proper understanding of the basic requirements for the

formation of legal contract, the contractor will be better able to avoid pitfalls, lawsuits

and liabilities. The essential contractual requirements are an offer, an acceptance of theoffer and consideration.


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Bibliography

Contract Management in Civil Works Project- V. A. Prakash NICMAR

Publication.

NCP23 (Construction Contract and contracting).

Construction Project Management: Theory and Practice- Jha Kumar Neeraj,

Kumar Neeraj Jha

FIDIC Contracts guide