VOLUME 1:GENERAL CONDITIONS OF CONTRACT...2017/02/01 · “PASHMINA WATERFRONT” at Bhattarahalli, Bangalore (hereinafter referred to as “The Site”). 2. Thomas Consultants ,having

PASHMINA WATERFRONT PHASE-1 NOTICE INVITING TENDER

VOLUME 1:GENERAL CONDITIONS OF CONTRACT

The Tender Document for Internal & external painting works of “Pashmina Waterfrontphase 1” residential development, issued to the tenderers comprise of following Volumes:

VOLUME 1.0 GENERAL CONDITIONS OF CONTRACT

Table Of Contents

S.No Description Pages

1. Notice Inviting Tender 2 - 3

2. Instructions To Tenderers 4 - 7

3. Conditions of Contract 8 –48

4. Tender Summary 49

4. Appendix “A” – Form Of Tender 50 - 51

5. Appendix “B” – Contract Agreement 52 - 53

8. Appendix “E”– List of Make Of Materials 54

9. Appendix “F” - Format of Claim Letter 55

10. Appendix “G” – List of Drawings 56

11. Appendix “H” – Safety Requirements 57 – 64

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NOTICE INVITING TENDER

1. M/s Lily Realty Pvt. Ltd. (LRPL),(hereinafter referred to as "The Client") havingtheir officeat 2nd floor Doddamane, #19/1, VittalMallya Road , Bangalore : 560001, invite limited tenders from the pre-qualified contractors for the workmentioned in the scope of work, to be carried out at the Client’s proposed“PASHMINA WATERFRONT” at Bhattarahalli, Bangalore (hereinafter referredto as “The Site”).

2. Thomas Consultants ,having their office at 32/4, Kasturba Road Cross, Bangalore- 560001, Karnataka (hereinafter referred to as "Architects") have been retained by the Client, to act as their Architects for the project.

3. Non transferable Tender documents comprising - Notice Inviting Tender,Conditions of Contract, Specifications, Drawings, Schedule of Quantities can beobtained from the office of The Client,on 19 Nov 2016, between 1000 hrs& 1700hrs.

4. The scope of work in this tender is for all the works Comprising and NOT LIMITED TO:“Internal & External painting,” Works for the “ResidentialDevelopment for” more fully described in the Bill of Quantities

5. Period of Completion

The work shall be completed in all respects within 6 Months from the date ofissue of Letter of Intent/ Award of work.

6. The tenderer should examine carefully the accompanying tender documents andobtain all the information including inspection at site at his cost, prior to submissionof his tender.

7. The tenderer shall quote all-inclusive rates. The rate shall include all taxes,including sales tax, works contract tax, service tax and excise, customs, etc. asapplicable. There shall be no extra on any account. The sum payable shall becalculated on the basis of the unit prices specified in the contract and of the workactually executed.

9. The Client reserves the right to reject any or all the tenders without assigning anyreason and does not bind himself to accept the lowest or any tender.

10. This tender, together with the Client’s written acceptance by way of a Letter ofIntent (LOI), any other agreed conditions / documents, including but not limited to

LRPL., 2 OF62


the drawings, specifications, bill of quantities, appendices etc., shall constitute abinding contract between the Client and the contractor on the execution of theContract.

11. The tenderer, whose tender is accepted, shall be called as "The Contractor".

12. Electrical power if required shall be supplied by the Client at one point within or adjacent to the site. The contractor shall make his own arrangement at his cost, for further supplementary distribution of power within the work site including installation of meter. The contractor shall pay power consumption charges as per the meter readings.

As the quality and continuous supply of power supplied by the state electricity board cannot be assured by the employer, the contractor shall make his own stand by arrangements of suitable capacity for generating power at his own cost for his use.

13. Upon acceptance of the tender the rates quoted shall remain valid for the completeduration of the contract and no escalation in rates shall be permitted for any reasonwhatsoever.

The Client reserves the right to make changes to the terms and conditions of thecontract. The amended terms and conditions shall bind the parties.

14 The Tenderer agrees that any communication made by it to the Client or the Architect, which relates to the terms and conditions or in any manner pertaining to the contract, shall not bind the Client or the Architect unless the same is incorporated in the terms and conditions and signed by the parties.

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PASHMINA WATERFRONT PHASE-1 INSTRUCTIONS TO TENDERERS

INSTRUCTIONS TO TENDERERS

1 The tenderer is required, at his expense, to obtain all the information he mayrequire to enable him to submit his tender including necessary visits to the site,procurement of necessary materials, labour, etc., and is required to comply withthe requirements of the local/government/public authorities in such matters.The Tender and the contract to be awarded subsequently is an Item rate contractand payment shall be made as per the actual quantity of work executed ( as perrelevant mode of measurements (IS1200) as per the relevant unit rates in the workorder.

2. A schedule of approximate quantities for various items accompanies this tender.The Client / Architects do not accept any responsibility for the correctness orcompleteness of this schedule in respect of items and quantities and is liable toalteration by omissions, deductions, or additions at the discretion of the Clientwithout affecting the terms of contract. The tenderers should satisfy themselvesabout the completeness and accuracy of the same before submitting the tender.

3. Clarifications if any, regarding tender documents shall be directed to The M/sLily Realty Pvt. Ltd., 2nd floor, Dodda Mane Bldg, #19/1, Vittal Mallya Road,Bangalore 560001 not later than 25 Oct 2016.

4. No claims as regards want of information of any particular point or any change inrate or conditions after the opening of tender shall be entertained.

5. Only those tenders fully completed in writing on the form of tender together with allthe documents and received by the time and date specified hereunder will beconsidered. All copies of drawings should be returned unmarked. The intellectualproperty in the drawings belongs exclusively to the Client. The tenderers are notentitled to use the same for any purpose whatsoever, under any circumstances,other than the fulfillment of the obligations under this contract.

6. The Tenderer shall affix his seal and signature / signature of his authorizedsignatory on each and every page of the tender document and other submittalsmade by him before submission.

7. If the tenderer makes any alterations in the tender document, the tender may beliable for rejection.

8. All information supporting the tender shall be in English and all entries made byhand and written in ink. There shall be no over-writing or erasure. All correctionsshould be attested by the tenderer with his dated initials as many times as thecorrections occur.

9. The tenderer should fill in the rates tendered in figures as well as in words. Theamount for each item should be worked out and the requisite totals indicated.


10. If on check, differences are found between the rates given by the tenderer in wordsand figures or in the amounts worked out by him the following procedure shall befollowed:

* Where there is difference between the rates in figures and in words, the rateswhich correspond to the amounts worked out by the tenderer shall be taken ascorrect.

* Where the amount of an item is not worked out by the tenderer or it does notcorrespond with the rate written either in figures or in words, then the rate quotedby the tenderer in words shall be taken as correct.

* Where the rates quoted by the tenderers in figures and in words tallies but theamount is not worked out correctly, the rate quoted by the tenderer shall be takenas correct and the amount corrected accordingly.

11. The tenderer is required to check the numbers of the pages and should any befound missing or in duplicate or the figures or writing indistinct, he must inform theclient and Architects at once and have the same clarified.

12. The tender shall remain valid for acceptance for a period of 120 days counted fromthe day following the latest date fixed for receiving tenders.

13. The tender sum and pricing of bill of quantities shall be given in the Indiancurrency.

15. The tenderer whose tender is accepted will be required to enter into a Contractwith the Client. A binding relationship shall arise between the parties on theexecution of such contract.

16. The tenderer is required to submit satisfactory evidence of his experience and thatof the recently executed works.

18. In the event of any discrepancy between the details and or description given in thebill of quantities, the drawings, and the technical specifications, then the item shallbe deemed to have been priced in accordance with the details and / or descriptiongiven in the following order of precedence:

- Bill of quantities- Drawings- Technical specifications

In all the cases, it is understood that the details and/or description not specificallymentioned in the Bill of quantities and/or the drawings shall be the same as thosementioned in the technical specifications.


Any further interpretation of above clause shall be at the discretion of the client /Architects whose decision shall be final and binding to the contractor.

19. Tenderer shall furnish the following along with the tender: -

Commercial Information:

a) IT clearance certificate - latest.b) Latest Balance sheet.c) Sales tax clearance certificate.d) PAN number.e) Sales Tax Registration Number as applicablef) PF number.g) Details of constitution of the company. (Proprietary / Limited, etc. along with

details), along with the latest company profile.

Technical information:

a. Organisation Chart of the Company.

b. Action plan in the form of a Bar Chart.

c. Methodology of working.d. Manpower deployment schedule.

e. List and Names of Sub-Contractors if any, proposed to be deployed for thevarious items of work comprising the tender, along with brief profiles /resumes of the sub-contractors and their period of association with thetenderer.

f. Copies of quality and safety plan of the tenderer.

g. List of similar works executed in the recent past together with Customerdetails, Original Contract Period & Actual Completion Period, Principalreasons for delay, if any. The Client reserves a right to make a reference tothe Customer if he so deems fit.

20. Tender Receipt:

The Original completed tender (conditions of contract, technicalspecification, bill of quantities and drawings etc. as issued) in sealedenvelope for each shall be received latest by 1500 Hrs on or before 17 Oct 2016addressed to M/s Lily Realty Pvt. Ltd., 2nd floor Doddamane, #19/1,Vittal MallyaRoad , Bangalore : 560 001

Along with the above, the tenderer shall submit a softcopy of the priced scheduleof quantities in the floppy disk / CD ROM issued along with the tender. Thecontractor shall only fill the relevant rate columns and no changes shall be made toany other portion of the document so issued. In the event of a discrepancybetween the rates entered in the softcopy and the rates entered in the hardcopy(Schedule of Quantities), the rates indicated in the hardcopy shall prevail.


The tender BOQ is divided into 2 (two) Packages as follows1. Package 1 - Internal painting works2. Package 2 – External painting works

Tenderers to note that the Client / Architect reserves the right to split the contract in two ormore packages as above if he so desires or combine two or more packages and award work accordingly.

PASHMINA WATERFRONT PHASE-1 GENERAL CONDITIONS OF CONTRACT

CONDITIONS OF CONTRACT

PART-I: GENERAL CONDITIONS

1. DEFINITIONS AND INTERPRETATIONS

1.1 In the contract, as hereinafter defined, the following words and expressions shallhave the meanings hereby assigned to them, except where the context otherwiserequires:

"Client" means M/s Lily Realty Pvt. Ltd. who will employ the contractor or anyassignee of the Client.

"Contractor" means the persons, firm or company whose tender has beenaccepted by the Client and includes the contractor's personal representatives,successors and permitted assigns.

“Architects / Architect” mean the person nominated by the Client to act as the Architect. The Client has nominated "Thomas Consultants”, having their office at 32/4, Kasturba Road Cross,Bangalore-560001 have been retained by the Client, toact as their Architects for the project." who will act as Architects and Engineers for the successful implementation of the Project. The term also includes other Sub Architects appointed by the Architects to act on their behalf for the various disciplines under scope of this contract.

"Architect’s Engineer" means the person appointed / authorized by the Architectsand acting under the orders of Architects to inspect the works in absence of and onbehalf of the Architects.

“Project Manager/PMC” means having their office at appointed or authorized by the Client to carry out and issue all the instructions on behalf of the Client in respect to the execution of the works at the site.

"Works" shall include both permanent works and temporary works.

“The Site” means the land and other places on, under in or through which thepermanent works or temporary works designed by the Architect are to be executedand any other lands and place provided by the Architect for working space or anyother purpose as may be specifically designated in the contract as forming part ofthe site.

"Contract" means the Notice Of Tender, Instruction to Tenderers, Conditions ofContract, Specifications, Drawings, Priced Bill of Quantities, Schedule of Ratesand Prices, if any, correspondence letters concerned to tender, Letters of Intent(LOI) and the Contract Agreement, when completed.

"Contract Price" means the sum named in the Letters of Intent (LOI), subject tosuch additions thereto deductions there from as may be made under the provisionshereinafter contained.


"Constructional Plant" means all appliances / equipment or things of whatsoevernature required in or about the execution or Final Completion of the works but doesnot include materials or other things intended to form or forming part of thepermanent works.

"Temporary Works" means all temporary works of every kind required in or aboutthe execution or maintenance of the works.

"Permanent Works" means the permanent works to be executed and maintained inaccordance with the contract. The details of the Permanent Works are set out indrawings/bill of quantities.

"Specifications" means the specification referred to in the tender and anymodification thereof or addition thereto as may, from time to time be furnished orapproved in writing by the Client and Architects.

"Drawings" means the drawings referred to in the specification and anymodification for such drawings approved in writing by the Architects/ ProjectManager and such other drawings as may, from time to time be furnished orapproved in writing by the Project Manager.

"Approved" means approved in writing by the Client/Architect as applicableincluding subsequent written confirmation of previous verbal approval and"approval" means approval in writing, including as aforesaid.

1.2 Singular and plural

Words imparting the singular only also include the plural and vice versa where thecontext requires.

1.3 Heading or Notes

The headings and marginal notes in these conditions of contract shall not bedeemed to be part thereof or be taken into consideration in the interpretation orconstruction thereof or of the contract.

1.4 Cost

The word "Cost" shall be deemed to be all inclusive also including overhead costsand all taxes whether on or off the site.

2. ARCHITECT’S ENGINEER AND PROJECT MANAGER

2.1 ARCHITECT’S ENGINEER

2.1.1 The site representative of the Architect / Architect(s) shall be called as theArchitect’s Engineer.


2.1.2 Duties of Architect’s Engineer:

The Architect’s Engineer, shall have power to perform the following actions:

a) Instructions in matters pertaining to the design, drawings and technicalspecifications of the work.

b) Issue “Good for Construction” drawings to the site/Project Manager.

c) Certification of Bills as referred in the Clause No.12.1

d) Monitor the progress of work in relation to the programme furnished by thecontractor

e) To inspect and approve the quality of materials and workmanship.

Not withstanding any of the above, the Architect’s Engineer shall without prejudiceperform actions and deeds as also listed elsewhere in this document.

The contractor shall afford the Architect’s Engineer every facility and assistance forinspecting the works and materials.

2.2 PROJECT MANAGER

Duties and Responsibilities of the Project Manager

The Duties and Responsibilities of the Project Manager shall be as follows:

a) Instructions in matters pertaining to the drawings, technical specifications andexecution of the work.

b) Give notice to the contractor/his representative of non-approval of any work ormaterials and such work shall be suspended or the use of such materials shallbe discontinued until the decision of the Project Manager/Architect’s Engineer,but such examination shall not in any way exonerate the contractor from theobligation to remedy any defects which may be found to exist at any stage ofthe works or after the same is completed.

c) To inspect and examine the work before covering up.

d) Review contractors work programme.

e) Ensure performance of the contract.

f) To verify and certify measurements of the contractor’s bills.


g) Issue and co-ordinate Site operating procedures.

h) Arrange site facilities and systems.

i) Set start and control procedures.

j) Review, monitor, and provide direction for changes.

k) Organize in house and Project meetings.

l) Co-ordinate and conduct project review meetings with various Contractors andArchitects.

m) Monitor quality of work with special emphasis on the quality assurance plan.

n) Initiate reporting systems - daily registers, weekly progress reports, resourceallocation and deployment, monthly reports to Client, Safety, accident andreports, Quality control reports, sub contractor status reports, change orderprocedures, etc.

Notwithstanding any of the above, the Project Manager shall without prejudiceperform actions and deeds as also listed elsewhere in this document.

The Project Manager shall be responsible for overall operations at site and shall ensurethat the work at site is progressing as per the requirements laid down under the variousclauses in the contract.

The Project Manager shall have power to give notice to the contractor/to hisrepresentative of non-approval of any work or materials and such work shall besuspended or the use of such materials shall be discontinued until the decision of theProject Manager/ Architect’s Engineer, but such examination shall not in any wayexonerate the contractor from the obligation to remedy any defects which may be found toexist at any stage of the works or after the same is completed. Subject to the limitation ofthis clause the contractor shall take instructions only from the Architects.

The contractor shall afford the Project Manager every facility and assistance for inspectingthe works and materials and for checking and measuring work and materials.

Failure of the Project Manager to disapprove any work or materials shall not prejudice thepower of the Project Manager thereafter to disapprove such work or materials and to orderthe pulling down, removal, or breaking up thereof.

The Project Manager in coordination with Architect’s Engineer is authorized to supervise,test, examine any materials and/or works, to order, cancel, alter, modify, any of thematerials, items or works within the frame work of the contract, to approve/reject requestsfor modifications in works or schedule whether or not such orders, approvals, rejections,etc., involves increase or decrease in the costs or time.


The Project Manager is further authorized to check, correct, modify and certify or rejectany bill or requests for payment for the materials, items or works. The Project Manager’sdecision in co-ordination with the Architect Engineer shall be final and binding.

3. ASSIGNMENT AND SUB-CONTRACTING

3.1 Assignment

The contractor shall not assign the contract or any benefit or interest therein orthere under, otherwise than by a charge in favour of the contractor's bankers ofany monies due or to become due under this contract and in accordance with thepayment terms under this contract without the prior written consent of the Client.

3.2 Sub-Contractors

The Contractor shall submit to the Client/ Project Manager a list of Sub-Contractorsif planning to subcontract the scope mentioned in bill of quantities (not less thanthree names) for the approval of the Client/ Project Manager. The Client/ ProjectManager may approve all or any of the names or may reject all of the names,which in its opinion do not meet the prerequisite qualifications. The Contractor shallre-submit a fresh list of names for approval. Further, in the event that none of thenames submitted by the Contractor are acceptable to the Client / Project Manager,the Client/ Project Manager may suggest names to contractor and the contractorshall appoint any of the suggested persons as he shall deem fit. The Contractorshall be responsible for the acts, defaults and neglects of any sub-contractor, hisagents, servants or workmen as fully as if they were the acts, defaults or neglectsof the contractor, his agents, servants or workmen.

The terms and conditions of the contract shall equally be applicable to the sub-contractors and it shall be the sole and exclusive responsibility of the contractor toensure that they are complied with in respect of the sub-contractor as well. Inparticular but without limitation, this shall apply to insurance and compliance withlaw.

The contractor shall co-ordinate and shall be responsible for all aspects of his sub-contractor's work including but not limited to scheduling, delivery, storage, safety atsite and handing over.

4. CONTRACT DOCUMENTS

4.1 Languages and Law

The ruling language for the contract and related aspects shall be English.

The contract shall be subject to Laws of Republic of India.


The contractor shall on his own and at his own expense obtain all necessary statutoryclearances, permits and permissions to execute the job, including requiredregistrations, agents, etc., and shall indemnify the Client in all such related matters.

4.2 Documents mutually explanatory

Except if and to the extent otherwise provided by the contract, the provisions of theConditions of Contract shall prevail over those of any other document forming partof the contract, subject to the foregoing, the several documents forming thecontract are to be taken as mutually explanatory of one another, but in case ofambiguities or discrepancies the same shall be explained and adjusted by theProject Manager who shall thereupon issue to the Contractor instructions thereon.Provided always that if, in the opinion of the Project Manager, compliance with anysuch instructions shall involve the Contractor in any cost, which by reason of anysuch ambiguity or discrepancy could not reasonably have been foreseen by theContractor, the Project Manager shall after prior agreement with the Client, certifyand the Client shall then pay such additional sum as may be reasonable to coversuch costs.

4.3 Drawings and Custody of drawings

The Intellectual Property in the drawings, including any modified drawings thereof,shall belong solely and exclusively to the Client. The Contractor shall not have anyright, title or interest therein. The Contractor shall not use such drawings for anypurpose whatsoever other than for the completion of the works. The Contractorshall not make any copies of the drawings other than specifically authorized. Onthe Virtual Completion of the works, the Contractor shall return to the Client allcopies of the drawings in its possession.

The drawings shall remain in the sole custody of the Project Manager, but threecopies thereof, shall be furnished to the contractor free of charge. The Contractorshall provide and make at his own expense any further copies required by him.

4.4 One copy of the latest set of “Good for construction” drawings to be kept on site

One copy of the drawings, furnished to the Contractor as aforesaid, shall be keptby the Contractor on The Site and the same shall at all reasonable times beavailable for inspection and use by the Project Manager & Architect Engineer andtheir representatives and by any other person authorized by the Project Manager inwriting.

4.5 Delay in drawings

The contractor shall inform and give written notice with all details to the ProjectManager whenever planning or progress of the works is likely to be delayed ordisrupted unless any further drawing(s) or approval is issued by the ProjectManager within a reasonable time.

4.6 Further drawings and instructions


The Project Manager shall have full power and authority to supply to the contractorfrom time to time, during the progress of the works, such further drawings andinstructions as shall be necessary for the purpose of the proper and adequateexecution and maintenance of the works. The contractor shall carry out and bebound by the same.

5. GENERAL OBLIGATIONS

5.1 Contractor's general responsibilities

The contractor shall, subject to the provisions of the contract, and with due careand diligence, execute and maintain the works and provide all labour, including thesupervision thereof, materials, constructional plant and all other things, whether ofa temporary or permanent nature, required in and for such execution andmaintenance, so far as the necessity for providing the same is specified in or isreasonably to be inferred from the contract.

The contractor shall take full responsibility for the adequacy, stability and safety ofall site operations and methods of construction, provided that the contractor shallnot be responsible, except as may be expressly provided in the contract, for thedesign or specification of the permanent works, or for the design or specification ofany temporary works prepared by the Architect(s).

Temporary works and arrangements

The contractor shall furnish to the Project Manager full particulars, drawings,design etc., of all temporary works necessary for the execution of the works andshall allow sufficient time for the Project Manager to consider the same. TheProject Manager reserves the right to comment/alter on the contractor's proposalsif he considers that modifications should be made. The contractor shall be solelyresponsible for the stability and safety of all temporary works and unfinishedpermanent works resulting from the arrangements eventually adopted for theirexecution.

Demolition and clearance

The contractor shall be responsible for the clearance of the site of all scrub, debris,rubbish, etc., shall be carted to an area not objected to by the MunicipalAuthorities. .

Storage and cleaning

The contractor shall at all the times during execution keep the site clean and freefrom all debris and unwanted materials as per instructions of the Project Manager.

Storage of materials shall be in organized manner and in proper compartments.Storage on suspended floors shall not be permitted unless specifically approved in


writing by the Project Manager for specific materials in specific locations and inapproved manner.

Regular cleaning operations shall be undertaken to remove all dust, debris, wastematerials, etc and disposal of the same. A cleaning schedule shall be maintained.

Contractor shall make his own arrangements for storage of those materials, whichcannot be accommodated at site. Contractor shall be fully responsible for safecustody of the same. Materials shall be considered as "Delivered at site,” only afterthe physical presence of materials at site. Stores elsewhere shall not be eligible forbeing considered as "Delivered at site.”

The Contractor understands that the site is free from pollutants at the time ofaccess to the site and commencement of works. The Contractor shall comply withall applicable environmental laws and regulations and shall ensure that the siteremains free from pollutants till the end of the Project.

Care and use of existing facilities and services

During the execution of the work, the contractor shall take all precautions andexercise full care, at his cost, to ensure that no damage is caused by him orworkmen, during the operation, to the existing water supply, sewerage, power ortelecommunication lines, any other services or structures or works in the site or theneighboring properties of the site.

5.2 Contract Agreement

The contractor shall when called upon to do so enter into and execute a ContractAgreement, to be prepared and completed at the cost of the contractor, in the formannexed with such modification as may be necessary.

5.5 Inspection of site

The Client/Architect shall make available to the contractor with the Tenderdocuments such data as shall have been obtained by or on behalf of the Clientfrom investigation undertaken relevant to the works.

The contractor shall also be deemed to have inspected and examined the site andits surroundings and information available in connection therewith and to havesatisfied himself, so far as is practicable, before submitting his tender the climaticconditions, the extent and nature of the work and information he may require and,in general, shall be deemed to have obtained all necessary information on subjectas above mentioned as to risks, contingencies and all other circumstances whichmay influence or affect his tender. The Contractor shall not be entitled to rely onlyon the information provided by the Client / Architect and shall make independentenquiries and be satisfied about such information.

5.6 Sufficiency of tender - Adverse Physical Conditions and ArtificialObstructions


The contractor shall be deemed to have satisfied himself before tendering as to thecorrectness and sufficiency of his tender for the works and of the rates and pricesstated in the priced bill of quantities and the schedule of rates and prices, if any,which tender rates and prices shall, except in so far as it is otherwise provided inthe contract, cover all his obligations under the contract and all matters and thingsnecessary for the proper execution and maintenance of the works.

5.7 Work to be to the satisfaction of Project Manager

Unless it is legally or physically impossible, the contractor shall execute andmaintain the works in strict accordance with the contract to the satisfaction of theProject Manager and shall comply with and adhere strictly to the instructions anddirections only from the Project Manager or subject to the limitations referred to inClause 2 hereof.

5.8 Drawings and Documents

5.81 General

The drawings and documents prepared for the project shall be treated asconfidential documents and must not be copied or loaned to any other partywithout the express permission of the Project Manager.

5.82 Tender drawings

The tender drawings furnished by the Architects are for Tender Purpose only andare intended as a guide to the contractor and give general layout of buildings andstructures and general positions of utilities, services and equipment only and inmeasuring from these drawings and preparing tender quotes the contractor mustmake due and proper allowance for all necessary diversions from the straight line,rises or falls as may be required for the proper execution of the works.

The set of tender drawings appended to the tender submittal is only representativeof the type and general nature of works and not the quantum of work or worksinvolved.

Detail drawings in all cases shall be worked to in preference to those of a moregeneral nature and figured dimensions where indicated shall be followed inpreference to scaled dimensions.

Should any item of equipment, materials or labour that would reasonably andobviously be inferred as necessary for the complete safe and satisfactory usage ofthe works or part thereof, not be expressly specified, the contractor shall provideand execute such work as a part of the contract.

5.83 Execution drawings


Project Manager shall issue free of charge three (03) sets of Constructiondrawings, stamped “Good/Approved for construction” by the Architect, to thecontractor. Additional copies as and when required shall be supplied by theArchitect and costs shall be reimbursed by the contractor.

The Project Manager may from time to time during the course of contract issue thecontractor with revised Construction drawings and the contractor shall ensure thatall superseded drawings are removed from site and stored in a lockable cabinet asdirected by the Project Manager and replaced by revised “Good for Construction”drawings.

The contractor shall ensure that a complete up to date register of drawing ismaintained at site. All Construction drawings shall be properly filed and indexed forready reference.

The contractor shall ensure that only the valid up to date drawings are used forexecution.

5.84 Shop drawings

Shop drawings shall mean any or all drawings, required for satisfactory executionof the work, in addition to the execution drawings as required by the ProjectManager.

The contractor shall be entirely responsible for co-ordination of entire work at siteincluding the work carried out by sub-contractors and shall ensure that allnecessary Shop drawings are properly prepared by the contractor and aresubmitted to the Project Manager/Architect for approval in sufficient time so as notto cause any delay in the expeditious execution of the works as per the action plan.Such approval shall not absolve the contractor from his responsibility.

Shop drawings to be prepared by the contractor and his sub-contractor shall besuch that all details are included as required by the Project Manager at anappropriate scale to ensure that the works are properly executed, co-ordinated, inaccordance with Execution drawings and specifications.

The contractor shall make a general check of all physical sizes and details of plantand equipment required and/or specified for the project and shall inform the ProjectManager of any matter that may come to his notice with which he disagrees. Anycomments by the contractor on the difficulty in incorporating the plant, materialsand equipment in the project and the time required for the completion of the workshall be made to the Project Manager.

5.85 Discrepancies

The contractor shall bring to the notice of the Project Manager any discrepancieswithin or between Execution drawings and/or the other contract documents prior tocommencement of work and shall not proceed with work until the Project Managergives clarifications and instructions to proceed in writing.


5.9 Contractor's Superintendence

The contractor shall give or provide all necessary superintendence during theexecution of the works for the proper fulfilling of his obligations under the contract.The Contractor’s representative shall be vested with enough power by thecontractor to enable his representative to take decisions at site for the due anddiligent performance of the contract. The contractor, or a competent andauthorized agent is to be constantly on the works and shall give his whole time tothe superintendence of the same. Such authorized agent or representative shallreceive, on behalf of the contractor, directions, and instructions from the ProjectManager or, subject to the limitations of Clause 2 hereof. The Contractor’sAuthorized Agent shall be nominated in writing.

The Contractor shall carry out the work at site with utmost care, safety of mendeployed at site shall be the contractors responsibility, contractor to ensure that allrequired statutory obligations like PF, ESI, insurances safetypolicy etc are taken bythe contractor.

5.10 Contractor's Employees

a) The contractor shall provide and employ on the site in connection with theexecution and maintenance of the works.

Only such technical assistants as are skilled and experienced in their respectivefields and such sub-agents, foremen and leading hands as are competent to giveproper supervision to the work they are required to supervise, and

Such skilled, semi-skilled and unskilled labour as is necessary for the proper andtimely execution and maintenance of the works.

5.13 Watching and Lighting

The contractor shall in connection with the works provide and maintain at his owncost all lights, guards, fencing and watching when and where necessary for theprotection of the works, or for the safety and convenience of the public or others.The care and the safety of the materials and works within the Works Site shall besole responsibility of the contractor.

5.14 Care of Works

a) From the commencement of the works until the date stated in the Certificate ofCompletion for the whole of the works pursuant to Clause 7.9 hereof, thecontractor shall take full responsibility for the care thereof. Provided that if theProject Manager shall issue a Certificate of Completion in respect of any part of thepermanent works the contractor shall cease to be liable for the care of that partand of permanent works from the date stated in the Certificate of Completion inrespect of that part and the responsibility for the care of that part shall pass to theProject Manager. Provided further that the contractor shall take full responsibility


for the care of any outstanding work, which he shall have undertaken to finishduring the Defects Liability Period until such outstanding work is completed. Incaseany damage, loss or injury shall happen to the works, or to any part thereof, fromany cause whatsoever, save and except the excepted risks as defined in sub-clause 5.13 b) of this Clause, while the contractor shall be responsible for the carethereof, the contractor shall at his own cost, repair and make good the same, sothat at completion, the permanent works shall be in good order and condition andin conformity in every respect with the requirements of the contract and the ProjectManager's instructions. In the event of any such damage, loss or injury happeningfrom any of the excepted risks, the contractor shall, if and to the extent required bythe Project Manager shall, repair and make good the same as aforesaid to thesatisfaction of the Project Manager. The contractor shall also be liable for anydamage to the works occasioned by him in the course of any operations carriedout by him for the purpose of completing any outstanding work or complying withhis obligations under Clause 8.1 or 8.5 hereof. This shall not prejudice theContractor’s obligations in respect of damage to works caused by him or sub-contractors, or their respective agents, employees, representatives, visitors andpersonnel.

b) Excepted risks

The "Excepted risks" are war, hostilities (whether war declared or not), invasion actof foreign enemies, rebellion, revolution, insurrection or military or usurped power,civil war or ionising radiation or contamination by radio-activity from any nuclearfuel or from any nuclear waste from the combustion of nuclear fuel, radio-activetoxic explosives or other hazardous properties of any explosive, nuclear assemblyor nuclear component thereof, pressure waves caused by aircraft or other aerialdevices traveling at sonic or supersonic speeds, or any such operation of theforces of nature as an experienced contractor could not foresee, or reasonablymake provision for or insure against all of which are herein collectively referred toas "the excepted risks". The Contractor shall, however, be responsible to take allnecessary steps to minimize the damage to the works on account of the exceptedrisks.

5.15 INSURANCE POLICIES

a) All insurance policies, whether required to obtained under this Clause 5.14 orotherwise, wherever possible shall be taken out in the joint names of the Client andthe Contractor and sub-contractor, wherever applicable

b) All the Insurance shall be arranged by contractor from first class insurancecompany which can deal with all matters pertaining to the subject and isacceptable to the Client. The Client has reserved its right to nominate theinsurance company or take the insurance policies under which the claims will belodged by the contractor.

c) The contractor must ensure that the policy amounts cover the contract value andadequately cover the maximum possible liability that may arise on the occurrenceof the risks covered. The contractor shall furnish along with the tender all the


details of the insurance policies intended to be taken in accordance with therequirements of this contract/tender, i.e., name of the insurance company, the riskscovered, amount of coverage, premium for the policies, discounts being received,net cost to the contractor, excess clauses, etc.

d) The Contractor shall deposit the original insurance policy and the premium paidreceipts with the Client on the offer being accepted and LOI being issued. If theContractor fails to procure such policy or deposit the same and the premiumreceipts in original with the Client, the Client shall be entitled, but not obligated toprocure such policy and recover the payments thereon from the contractor eitherby withholding the amounts payable to the Contractor or otherwise. Any deviationfrom the same shall be subject to the prior written approval of the Client. Theclient shall be entitled prosecute and / or compromise or settle the claims undersuch policies in such manner as may be deemed fit without reference to thecontractor. The contractor shall provide necessary assistance to the client in thisregard.

e) The Client however reserves the right to take all or some of the insurance policieson its own and thereafter the contractor shall be required to process the claims ifany for settlement under the policies so taken by the Client. The Client furtherreserves its right to nominate an Insurance company with whom the contractor willbe required to obtain the policy (ies).

5.15.1 Insurance of works, etc.

Without limiting his obligations and responsibilities under Clause 5.13 hereof, thecontractor shall insure in the joint names of the Client and the contractor against allloss or damage from whatever cause arising, other than the excepted risks, forwhich he is responsible under the terms of the contract and in such manner thatthe Client and contractor are covered for the period stipulated in hereof, and arealso covered during the Defects Liability Period, and for any loss or damageoccasioned by the contractor in the course of any operations carried out by him forthe purpose of complying with his obligations under Clauses 8.1 & 8.5 hereof:

a) The works for the time being executed to the estimated current contract valuethereof or such additional sum as may be specified in Part II special conditionsand in the Clause numbered 5.14 hereinabove, together with the materials forincorporation in the works at their replacement value.

Such insurance shall be effected with an insurer and in terms approved by theClient which approval shall not be unreasonably withheld, and the contractor shall,whenever required produce to the Client or his representative the policy or policiesof insurance and the receipts for payment of the current premiums.

5.16 Damage to persons and property

The contractor shall indemnify the Client against all losses and claims in respect ofinjuries or damage to any persons or material or physical damage to any propertywhatsoever which may arise out of or in consequence of the execution and


maintenance of the works and against all claims, proceedings, damages, costs,charges and expenses whatsoever in respect of or in relation thereto.

5.17 Third Party Insurance

Before commencing the execution of the works the contractor, but without limitinghis obligations and responsibilities under Clause 5.15 hereof, shall insure againstloss for any material or physical damage, loss or injury which may occur to anyproperty, including that of the Client, or to any person, including any employee ofthe Client, the Architects, other contractor / sub-contractor(s) or their respectiveemployees, agents, representatives and visitors, by or arising out of the executionof the works or in the carrying out of the contract, otherwise than due to thematters referred to in the provision to Clause 5.15 hereof.

The contractor shall, whenever required, produce to the Client or his representativethe policy or policies of insurance and the receipts for payment of the currentpremiums.

5.18 Provisions to indemnify Client

The terms of such insurance shall include a provision whereby, in the event of anyclaim in respect of which the contractor would be entitled to receive and indemnifyunder the policy being bought or made against the Client, the insurer will indemnifythe Client against such claims and any cost, charges and expenses in respectthereof and the Contractor to indemnify the Client for any shortfall in the realizationof the claims (including excess clauses) The client shall be entitled to set off anysuch amounts from the amounts due and payable by it to the Contractor under theterms of this agreement.

5.19 Accident or Injury to workmen

a) The Client shall not be liable for or in respect of any damages or compensationpayable at law in respect or in consequence of any accident or injury to anyworkman or other person in the employment of the contractor or any sub-contractor, save and except an accident or injury resulting from any act or defaultof the Client, his agents, or servants. The contractor shall indemnify and keepindemnified the Client against all such damages and compensation, save andexcept as aforesaid, and against all claims, proceedings cost, charges andexpenses whatsoever in respect thereof, or in relation thereto.

b) Insurance against accident, etc., to workmen

The contractor shall insure against such liability with an insurer approved by theClient, which approval shall not be unreasonably withheld, and shall continue suchinsurance during the whole of the time that any persons are employed by him onthe works and shall, when required, produce to the Client or his representativesuch policy of insurance and the receipt for payment of the current premium.


Provided always that, in respect of any persons employed by any sub-contractor,the contractor's obligation to insure as aforesaid under this sub-clause shall besatisfied if the sub-contractor shall have issued against the liability in respect ofsuch persons in such manner that the Client is indemnified under the policy, butthe contractor shall require such sub-contractor to produce to the Client or hisrepresentative, when required, such policy of insurance and the receipt for thepayment of the current premium.

Not withstanding the requirements mentioned in the above the contractor shall atthe minimum provide for the following insurance:

a] Policy to cover contractor’s liability under Workmen’s compensation Act1923, Minimum Wages Act 1948, Contract Labour (Regulation andAbolition) Act 1970 and other relevant Acts listed elsewhere. This shall befor the period upto final completion of work, including the defects liabilityperiod.

b] ESIc] PFd] Third party Insurance

The Contractor shall insure against all such liabilities and shall continue suchinsurance during the currency of the contract including defects liability period.Premium for all insurance policies shall be paid and borne by the contractor andshall NOT be reimbursable.

These Insurance certificates shall be fully executed and shall state that the policiescannot be cancelled until ten [10] days after written notice of the Client havingconsented to such cancellations.

The Contractor shall obtain written confirmation of similar certificates from all sub-contractors and thereby assume responsibility for any claims or losses to the Clientresulting from failure of any of the sub-contractors to obtain adequate insuranceprotection in connection with their work.

5.20 Remedy on contractor's failure to insure

If the contractor shall fail to effect and keep in force the insurances referred to inClause 5.14, 5.16 and 5.18 hereof, or any other insurance which he may berequired to effect under the terms of the contract, then and in any such case theClient may effect and keep in force any such insurance and pay such premiums asmay be necessary for that purpose and from time to time deduct the amount sopaid by the Client as aforesaid from any monies due or which may become due tothe contractor, or recover the same as a debt due from the contractor.

5.21 Giving of notices and payment of fees

a) The contractor shall give all notices and pay all taxes, duties, fees required to begiven or paid by any National or State Statute, Ordinance or other Law, or any


regulation, or bye law or any local or other duly constituted authority in relation tothe execution of the works and by the rules and regulations of all public bodies andcompanies whose property or rights are affected or may be affected in any way bythe works.

b) Compliance with statutes, regulations, etc.

The contractor shall conform in all respects with the provisions of any such statute,ordinance or law as aforesaid and the regulations or bye laws of any local or otherduly constituted authority which may be applicable to the works and with such rulesand regulation of public bodies and companies as aforesaid and shall keep theClient indemnified against all penalties and liability of every kind for breach of anysuch statute, ordinance or law, regulation or bye-law.

In particular the Contractor shall ensure compliance with the provisions of the ESI,EPF, Workman’s Compensation, Minimum Wages, and Contract Labour(Regulation and Abolition) Act. Copies of the records and registers maintainedunder the applicable laws shall be provided to the Client at the end of each month.The salaries to all workmen shall be paid in the presence of a duly nominatedrepresentative of the Client. The contractor shall procure the necessary licensesunder the Contract Labour (Regulation and Abolition) Act after assisting the Clientin procuring the registration there under. The contractor shall also obtain variouslicenses / permits / clearance / approvals / consents as appropriate from thevarious statutory authorities in respect of painting work, as amended from time totime.

The Contractor shall keep the Client informed of any and all claims under anyapplicable laws and keep informed the Client of compliance there under.

5.24 Interference with adjoining properties

All operations necessary for the execution of the works shall, so far as compliancewith the requirements of the contract permits, be carried on so as not to interfereunnecessarily or improperly with the public convenience, or to properties whetherin the possession of the Client or adjoining property of any other person. Thecontractor shall save harmless and indemnify the Client in respect of all claims,proceedings, damages, cost, charges and expenses whatsoever arising out of, orin relation to, any such matters in so far as the contractor is responsible thereof.

5.27. Contractor to keep site clear

During the progress of the works the contractor shall keep the site free fromunnecessary obstruction and shall store or dispose of any constructional plant andsurplus material and clear away and remove from the site any wreckage, rubbishor temporary works no longer required, on a daily basis.

5.28 Clearance of site of completion


On the completion of the works the contractor shall clear away and remove fromthe site all debris, surplus materials, rubbish and temporary works of every kind,and leave the whole of the site and works clean and in a workman like condition tothe satisfaction of the Project Manager.

5.29 Engagement Labour

1. The contractor shall make his own arrangements for the engagement of all labourlocal or otherwise, and, save in so far as the contract otherwise provides, for thetransport, housing feeding and payment thereof. The Client shall not beresponsible for such labour in any manner whatsoever and they shall not beconstrued as the labour or employees of the Client. The Contractor shall indemnifyand hold harmless the client from any and all claims made by such labour againstthe Client.

The contractor shall comply with all rules, regulations, and laws including but notlimited to CLB, ESI, PF, Medical and Safety of workmen for labour directly orindirectly engaged by the contractor, his representative, and sub-contractor.Contractor shall register themselves wherever and whomsoever required in thisconnection at local and state level. The Contractor shall indemnify the Client fromevery expense. The Client is authorized to call at any point of time to its registeredoffice/offices for inspection or copy of such documents as it considers necessaryfor ensuring statutory compliances to the above by the contractor.

2. Supply of water

The contractor shall, so far as is reasonably practicable, having regard to localconditions provide on the site clean potable water for the use of the contractor staffand work people.

3. Construction Labour and Accommodation of Supervisory Staff

The contractor shall make his own arrangements to provide accommodation for hisstaff and labour outside and away from the site.

3. Alcoholic liquor or drugs

Use of alcoholic liquor, drugs or smoking is fully prohibited. The contractor shallnot, otherwise than in accordance with the statutes, ordinances and governmentregulations or orders for the time being in force, import, sell, give, barter or disposeany alcoholic liquor or drugs or cigarettes / beedies /etc by his sub-contractors,agents or employees.

4. Arms and ammunition

The contractor shall not give, barter or otherwise dispose of to any person orpersons, any arms or ammunition of any kind or permit or suffer the same asaforesaid.


5. Festivals and religious customs

The contractor shall in all dealings with labour in his employment have due regardto all recognized festivals, days of rest and religious or other customs.

6. Epidemics

In the event of any outbreak of illness of an epidemics nature the contractor shallcomply with and carryout such regulations, orders and requirements as may bemade by the government, or the local medical or sanitary authorities for thepurpose of dealing with and overcoming the same.

7. Disorderly conduct, etc.

The contractor shall at all times taken all reasonable precautions to prevent anyunlawful, riotous or disorderly conduct by any of his sub contractors, employees oragents and for the preservation of peace and protection of persons and property inthe neighborhood of the works against the same.

8. Observation by sub-contractors

The contractor shall be responsible for observance by his sub-contractors of theforegoing provisions.

9. Child Labour

The contractor shall not employ any labour under 18 years of age on the job. Iffemale labour is engaged the contractor shall make necessary provisions at hisown expense for the safeguarding and care of small children and keeping themclear of the site of operations. No children shall be permitted on the site.

5.30 Returns of labour, etc.

The contractor shall furnish a return in detail in such form and at such intervals asthe Project Manager may prescribe showing the supervisory staff and the numbersof the several classes of labour from time to time employed by the contractor onthe site and such information regarding constructional plant that the ProjectManager may require. The previous day report on labour employed shall reachbefore 9.00 am next day to the Project Manager.

5.31 Contribution Towards Employee Benefits, Funds, Etc.

The Contractor shall include in his rates for all expenses necessary to meet hisobligations for making contributions toward employee benefits funds (such as ESI,Provident fund, old age pension if any or any other benefits / compensationpayable by the Contractor) etc., in compliance with all the statutory regulations and


requirements. All records in this connection shall be properly maintained by thecontractor and produced for scrutiny by the concerned authorities and the ProjectManager whenever called for.

5.32 Safety Standards and Requirements

The contractor shall follow the rules and guidelines laid down in SafetyRequirements as listed in APPENDIX - “H”. The cost so incurred by the contractorin providing for safety standards and requirements as above shall be deemed to beincluded in the rates quoted for various items of work under the scope of thiscontract and no extra amounts shall be payable to the contractor on this account.

5.33 Reports by contractor

.1 The contractor shall file daily category-wise labour details. The report shallindicate scheduled requirement against actual strength.

.2 The contract shall prepare weekly reports of planned and actual progress ofwork and subsequent week's scheduled work. These will also include materialprocurement details. These reports shall be submitted to Project Manager andshall be reviewed in weekly co-ordination meeting.

3 Further progress charts and schedules shall be prepared by the contractor asdirected by the Project Manager.

The submission to and approval by the Project Manager of such actionplan/reports or the furnishing of such particulars shall not relieve the Contractor ofany of his responsibilities and liabilities under this Contract.

.5.34 Taxation

The contractor shall be responsible to pay personal and company taxes of his staffand his organization wherever applicable. The contractor shall be responsible fordeduction of tax at source while releasing payment to their staff, sub-contractors,workers, etc.

5.35 Withholding taxes

The Client shall withhold sums equivalent to taxes at appropriate rates on theamount payable to the Contractor by way of consideration under this contract inaccordance with the provisions of the Income Tax Act, 1961, as amended ormodified and applicable. The client shall not make such withholdings in the eventthat the Contractor produces a certificate from the Appropriate Authorityconstituted under the Indian Income Tax laws to the effect that no withholdingtaxes would be required on the payments received by the Contractor from theClient.

6. MATERIALS AND WORKMANSHIP


6.1 Materials

All materials and equipment to be incorporated in the works shall be new. Thematerials, equipment and workmanship shall be of the best quality of the specifiedtype, in conformity with Contract documents and the best Engineering andConstruction Practices, and to the complete satisfaction of the Project Manager.This requirement shall be strictly enforced at all times and stages of the works andno pleas whatsoever shall be entertained on the grounds of anything to thecontrary being the prevailing practice. The Contractor shall immediately removefrom the works any materials, equipment and / or workmanship which, in theopinion of the Project Manager, are defective or unsuitable or not in conformity withthe contract documents and best Engineering and Construction practices, andreplace such rejected materials, equipment and/ or workmanship with proper,specified, and required and approved materials, equipment and/ or workmanship,all at his own cost within a period of 7 (seven) days from the date of issuance ofsuch notice.

6.2 Quality of materials and workmanship and tests

All materials and workmanship shall be of the respective kinds described in thecontract and in accordance with the Project Manager's instructions and shall besubjected from time to time to such tests as the Architect Engineer / ProjectManager may direct at the place of manufacture or on the site or at such otherplace or places as may be specified in the contract, or at all or any of such places.The contractor shall provide such assistance, instruments, machines, labour andmaterials as are normally required for examining, measuring and testing any work.

6.2.1 Quality Assurance Programme

The Contractor before the start of work shall submit for approval a qualityassurance programme to the Project Manager indicating measures that heproposes to implement to ensure that the quality of work shall be in accordancewith requirements laid down in the contract. The Architect’s Engineer / ProjectManager is authorized to add such additional quality assurance measures as heconsiders appropriate for ensuring quality compliance of the contract works. Thecontractor shall strictly adhere to this action plan and any failure attributable to thecontractor shall attract the penal provisions laid down in this contract.

6.3 Cost of samples/ Mock-ups / Tests

All samples/mock-ups shall be carried out by the contractor at his own cost if thesupply thereof is clearly intended by or provided for in the contract.

The contractors shall provide samples for the approval of Architect/ ProjectManager and shall provide alternative samples until an approval has beenobtained. Samples approved shall be kept at site under Custody of the ProjectManager until completion of the Project.


The cost of making any test shall be borne by the contractor if such test is clearlyintended by or provided for in the contract and in the cases only of a test underload or of a test to ascertain whether the design of any finished or partially finishedwork is appropriate for the purposes which it was intended to fulfill, is particularizedin the contract in sufficient detail to enable the contractor to price or allow for thesame in his tender.

6.4 Inspection of operations

The Client / Project Manager / Architect’s Engineer or any person authorized bythem shall at all times have access to the works and to all workshops and placeswhere work is being prepared or from where materials, manufactured articles ormachinery are being obtained for the works and the contractor shall afford everyfacility for and every assistance in or in obtaining the right to such access.

6.5 Examination of work before covering up

No work shall be covered up or put out of view without the approval of the ProjectManager or his representative and the contractor shall afford full opportunity to theProject Manager or his representative to examine and measure any work which isabout to be covered up or put out of view. The contractor shall give due notice tothe Project Manager or his representative whenever any such work are ready orabout to be ready for examination and the Project Manager or his representativeshall, without unreasonable delay, unless he considers it unnecessary, attend forthe purpose of the examining such work.

6.6 List of Approved brand and Makes

A list of approved brands and makes for major materials to be incorporated in theworks is listed in “APPENDIX - E”. The contractor shall submit samples ofprocessed raw materials and manufactured materials procured in conformity to thelist for the approval of Architect and Project Manager. Procurement of the materialsfor incorporation in the works shall be after the approval of the Architect andProject Manager in writing. The Contractor shall mention in his offer the “Make”considered for various items of work, and shall quote in the “Schedule ofQuantities” for the first option in the list of makes. In case the Client chooses to usethe second option in the list of makes, the rates shall be subject to negotiation.

The approved sample shall be submitted to the custody of the Project Manager forsafekeeping and for comparison, if necessary to ensure that the procured materialconforms to quality of the approved sample. Equivalent or alternative makes ifsuggested shall be permissible provided it is pre-approved in writing by the ProjectManager.

6.9 Uncovering and making openings


The contractor shall uncover any part or parts of the works or make openings in orthrough the same as the Project Manager may from time to time direct and shallreinstate and make good such part or parts to the satisfaction of the ProjectManager. If any such part or parts have been covered up or put out of view aftercompliance with the requirements of clause 6.6 and are found to be executed inaccordance with the contract, the expenses of uncovering, making openings in orthrough, reinstating and making good the same shall be borne by the Client but inany other case all costs shall be borne by the contractor.

6.10 Removal of improper work and materials

.1 The Project Manager shall during the progress of the works have power to order in writing from time to time:

a) The removal from the site, within such time or times as may be specified in theorder, of any materials, which, in the opinion of the Project Manager, are not inaccordance with the contract.

b) The substitution of proper and suitable materials and;

c) The removal and proper re-execution, notwithstanding any previous testthereof or interim payment therefore, of any work which in respect of materialsor workmanship is not, in the opinion of the Project Manager, in accordancewith the contract.

.2 Default of contractor in compliance

In case of default on the part of the contractor in carrying out such order, the Clientshall be entitled to employ and pay other persons to carry out the same and allexpenses consequent thereon or incidental thereto shall be recoverable from thecontractor by the Client or may be deducted by the Client from any monies due toor which may become due to the contractor.

6.11 Suspension of works

The contractor shall, on the written notice of 15 days by the client, suspend theprogress of the works or any part thereof for such time or times and in suchmanner as the Project Manager may consider necessary and shall during suchsuspension properly protect and secure the work, so far as is necessary in theopinion of the Project Manager. The extra cost incurred by the contractor in givingeffect to the instructions of the Project Manager under this Clause shall be borneby the Client unless such suspension is:

a) Otherwise provided for in the contract, or

b) Necessary by reason of some default on the part of the contractor, or

c) Necessary by reason of climatic conditions on site, or


d) Necessary for the proper execution of the works or for the safety of the worksor any part thereof in so far as such necessity does not arise from any act ordefault by the Project Manager or the Client or from any of the expected risksdefined in Clause 5.14 hereof.

Provided that the contractor shall not be entitled to recover any such extra costunless he gives written notice of his intention to claim to the Project Manager within07 [Seven] days of the order of the Project Manager. The Project Manager shallsettle and determine such extra payment and/or extension of time under Clause7.5 hereof to be made to the contractor in respect of such claim as shall, in theopinion of the Project Manager, be fair and reasonable.

If execution of the work is likely to be interrupted for an extended period, but withresumption at some later date remaining a possibility, the work actually executedshall be paid for at the contract prices, those costs also being reimbursed whichthe contractor has already incurred and which are included in the contract prices,for the work not yet executed.

6.12 Quality Control tests

The Contractor shall perform the relevant tests as required under the scope of thiscontract. The cost of all such tests so performed shall be borne by the contractorand no extra amounts shall be borne by the client on this account.

7 COMMENCEMENT TIME AND DELAYS

7.1 Commencement of works

The contractor shall commence the work on site from the date of Letter of Intent /Client's written order to commence the work and shall proceed with the same withdue expedition and without delay, except as may be expressly sanctioned orordered by the Client or be wholly beyond the contractor's control.

7.2 Possession of site

The possession of the Site shall under all circumstances and at all times be withthe Client. The contract shall, not under any circumstances be deemed to begiving the Contractor a lease, license or other possessory right over the Site. TheContractor and his personnel shall be permitted suitable access to the Site for thepurposes of carrying out the works. The Client, may at any time, remove or causeto be removed any of the contractor’s articles, things, construction plant, personnelor labour without notice to the contractor. This shall not, in any manner, prejudiceor affect the contractor’s liabilities and obligations in respect of the works and inparticular the liability arising due to any damage to any person or material at theSite.

7.4 Time for completion


The whole of the works shall be completed within 6 ( Six ) Months from thedate of issue of Letter of Intent and the contractor shall carryout the worksas per schedule/action plan of work approved by the Architect’s Engineer /Project Manager. In the event of Contractor failing to comply with the overalland individual milestones contained in the time schedule, he shall be liableto pay Liquidated Damages as per the terms of the Contract. However theprice validity for the successful bidder shall be for 12 months from the dateof issue of Letter of Intent/LOA/Work order.

Subject to any requirement in the contract as to completion of any section of theworks before completion of the whole, the whole of the works shall be completed,in accordance with the provisions of Clause 7.9 hereof, within the time stated in thecontract or such extended time as may be allowed under Clause 7.5 hereof.

7.5 Extension of time for completion

Should the amount of extra or additional work of any kind or any cause of delayreferred to in these conditions or exceptional adverse climatic conditions or otherspecial circumstances of any kind whatsoever which may occur, other than througha default of the contractor, be such as fairly to entitle the contractor to an extensionof time for the completion of the works, the Client in consultation with theArchitect’s Engineer / Project Manager shall determine the amount of suchextension and shall notify the contractor accordingly. Provided that the Client isnot bound to take into account any extra or additional work or other specialcircumstances unless the contractor has within 10 days after such work has beencommenced or such circumstances have arisen or as soon thereafter as ispracticable, submitted to the Client full and detailed particulars of any extension oftime to which he may consider himself entitled in order that such submission maybe investigated at the time.

If the contractor considers that he is being hindered in the proper execution of thework, he shall inform the Project Manager of this without delay. Deadlines set forexecution of work shall be extended where the interruption is caused bycircumstances within the client’s sphere of liability.

7.6 Night or Sunday work

Subject to any provision to the contrary contained in the contract, none of thepermanent work shall, save as hereinafter provided, be carried on during the nightor on Sundays, if locally recognized as days of rest or their locally recognizedequivalent without the permission in writing of the Project Manager or hisrepresentative except when the work is unavoidable or absolutely necessary forthe saving of life or property or for the safety of the works, in which case thecontractor shall immediately advise the Project Manager or his representative.Provided always that the provisions of this Clause shall not be applicable in thecase of any work, which is customarily carried out by rotary or double shifts.However if the site progress so warrants, the contractor shall arrange to carry out


night and/ or Sunday works through a dedicated team after obtaining necessarypermission for the same.

7.7 Rate of progress

If for any reason, which does not entitle the contractor to an extension of time, therate of progress of the works or any section is at any time, in the opinion of theProject Manager, too slow to ensure completion by the prescribed time orextended time for completion, the Project Manager shall so notify the contractor inwriting and the contractor shall there upon take such steps as are necessary andthe Project Manager may approve to expedite progress so as to complete theworks or such section by the prescribed time or extended time. The contractorshall not be entitled to any additional payment for taking such steps. If, as a resultof any notice given by the Project Manager under this Clause, the contractor shallseek the permission of the Project Manager to do any work at night or on Sundays,if locally recognized as days of rest or their locally recognized equivalent, suchpermission shall not be unreasonably refused.

7.8 a) Liquidated damages for delay

1 If the Contractor shall fail to achieve completion of the works within the timeprescribed by Clause 7.4 hereof, then the contractor shall pay to the Client the sumstated in the contract as liquidated damages for such default and not as a penaltyfor every day or part of a day which shall elapse between the time prescribed byClause 7.4 hereof and the date of certified completion of the works. The Clientmay, without prejudice to any other method of recovery, deduct the amount of suchdamages from any monies in his hands, due or which may become due to thecontractor. The payment or deduction of such damages shall not relieve thecontractor from his obligation to complete the works or from any other of hisobligations and liabilities under the contract.

The contractor shall pay to the Client an amount equivalent to 0.5% per weekof delay subject to maximum of 5%of the total contract value.

The Contractor recognizes and acknowledges that the Client would suffersubstantial losses and damage if there is a delay in the execution of the works inas much as the Client will not be able to carry out its business thereat until theworks are completed.

However if the contractor is not progressing as per the commitment given to the

project manager then client has all rights to deploy another external agency tocarry out such works. Then 1.5 times of actual cost in hiring & executing the worksby such external agency shall be debited to the contractor or shall be recoveredfrom the contractor’s outstanding.

7.9 Certification of Virtual completion of works


1 When the whole of the works have been completed and have satisfactorily passedany final test that may be prescribed by the contract, the contractor may give anotice to that effect to the Project Manager accompanied by an undertaking tofinish any outstanding work during the defects liability period. Such notice andundertaking shall be in writing and shall be deemed to be a request by thecontractor for the Project Manager to issue a certificate of virtual completion inrespect of the works. The Project Manager shall, in consultation with theArchitects, within 7 days of the date of delivery of such notice either issue to thecontractor, a certificate of virtual completion stating the date on which, in hisopinion, the works were satisfactorily completed in accordance with the contract orgive instructions in writing to the contractor specifying all the work which, in theopinion of the Project Manager, requires to be done by the contractor before theissue of such certificate. The Project Manager shall also notify the contractor ofany defects in the works affecting satisfactory completion that may appear aftersuch instructions and before completion of the works specified therein. Thecontractor shall be entitled to receive such certificate of virtual completion within 15days of completion to the satisfaction of the Project Manager of the works sospecified and making good any defects so notified.

2 Provided always that a certificate of virtual completion given in respect of anysection or part of the permanent works before completion of the whole shall not bedeemed to certify completion of any ground or surfaces requiring reinstatement,unless such certificate shall expressly so state.

7.10 Provisional acceptance

The work shall deem to have been provisionally accepted after fulfillment of all of the following by the contractor.

Obtaining certificate of virtual completion vide Clause 7.9 from the ProjectManager

Handing over of the works to the Project Manager.

7.11 Approval and acceptance

The works shall deem to have been approved and accepted only on issue of FinalCompletion certificate by the Project Manager without prejudice to the Client'srights under the contract.

8. MAINTENANCE AND DEFECTS

8.1 Definition of "Defects Liability Period"


In these conditions the expression "Defects Liability Period" shall mean the DefectsLiability Period named in the Appendix to the tender, calculated from the date ofcompletion of the works, certified by the Project Manager in accordance withClause 7.9 hereof, or in the event of more than one certificate having been issuedby the Project Manager under the said clause, from the respective dates socertified and in relation to the Defects Liability Period the expression "the works"shall be construed accordingly.

The defects liability period shall be equivalent to 365 calendar days from thedate of issue of certificate of virtual completion.

8.2 Execution of repair work, etc.

To the intent that the works shall at or as soon as practicable after the expiration ofthe Defects Liability Period be delivered to the Client in the condition required bythe contract, fair, wear and tear excepted, to the satisfaction of the Architect’sEngineer / Project Manager, the contractor shall finish the work, if any, outstandingat the date of completion, as certified under clause 7.9 hereof, as soon aspracticable after such date and shall execute all such work of repair, amendment,reconstruction, rectification and making good defects, imperfections, shrinkages orother faults as may be required of the contractor in writing by the Architect’sEngineer / Project Manager during the Defects Liability Period or within 14 daysafter its expiration, as a result of an inspection made by or on behalf of theArchitect’s Engineer / Project Manager prior to its expiration.

8.3 Cost of execution of works of repair, etc.

All such work shall be carried out by the contractor at his own expense if thenecessity thereof shall, in the opinion of the Project Manager, be due to the use ofmaterials or workmanship not in accordance with the contract, or to neglect offailure on the part of the contractor to comply with any obligation, expressed orimplied, on the contractor's part under the contract. If, in the opinion of the ProjectManager, such necessity shall be due to any other cause, the value of such workshall be ascertained and paid for as if it were additional work.

8.4 Remedy on contractor's failure to carry out work required

If the contractor shall fail to do any such work as aforesaid required by the ProjectManager, the Project Manager shall be entitled to employ and pay other persons tocarry out the same and if such work is work which, in the opinion of the ProjectManager, the contractor was liable to do at his own expense under the contract,then all expenses consequent thereon or incidental thereto shall be recoverablefrom the contractor by the Client either by deduction by the Client from any moniesdue or which may become due to the contractor or otherwise.

8.5 Contractor to search

The contractor shall, if required by the Project Manager in writing, search under thedirections of the Project Manager for the cause of any defect, imperfection or fault


appearing during the progress of the works or in the Defects Liability Period.Unless such defect, imperfection or fault shall be one for which the contractor isliable under the contract, the cost of the work carried out by the contractor insearching as aforesaid shall be borne by the Client. If such defect, imperfection orfault shall be one for which the contractor is liable as aforesaid, the cost of thework carried out in searching as aforesaid shall be bore by the contractor and heshall in such case repair, rectify and make good such defect, imperfection or faultat his own expense in accordance with the provisions of clause 8 hereof.

9. ALTERATIONS, ADDITIONS, AND OMISSIONS

9.1 Variations

1 The Architect / Project Manager, shall make any variation of the form, quality orquantity of the works or any part thereof that may, in his opinion, be necessary andfor that purpose or if for any other reason it shall, in his opinion be desirable, heshall have power to order the contractor to do and the contractor shall do any ofthe following:

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,and

f) Work, which, though not included in the original contract, is found to benecessary for its completion, shall also be carried out by the contractor at theProject Manager request unless the contractor’s business is not equipped forthe purpose. Other work may only be allocated to a contractor with his consent.

No such variation shall in any way vitiate or invalidate the contract, but the value, ifany, of all such variations shall be taken into account in ascertaining the amount ofthe contract price. No claims on account of variation compensation will beentertained irrespective of the amount of variation in quantities of individual itemsas well as the contract value.

9.2 Orders for variations to be in writing

No such variations shall be made by the contractor without an order in writing ofthe Project Manager. No written order shall be required for increase or decrease inthe quantity of any work where such increase or decrease is not the result of anorder given under this clause, but is the result of the quantities exceeding or beingless than those stated in the bill of quantities.


9.3 Valuation of variations - Extra items

All extra or additional work done or work omitted by order of the Project Managershall be valued at the rates and prices set out in the contract. If the contract doesnot contain any rates or prices applicable to the extra or additional work, thensuitable rates or prices shall be agreed upon between the Project Manager and thecontractor. In the event of disagreement, the Project Manager in consultation withthe Architect’s Engineer shall fix such rates or prices as shall, in his opinion, bereasonable and proper. The decision of the Client shall be final and binding onboth parties.

Wherever possible the actual cost shall be derived from similar items of workavailable in the contract. In case it is not possible to assess the rates as indicatedabove, the actual cost shall be determined as follows:

a. Basic cost of material inclusive of all taxes and duties at suppliers’ godown

b. Transportation to site subject to a ceiling of 2% of the total material cost.

c. Cost of tools and plant with proper break up of cost

d. Cost of consumables

e. Cost of Labour

A margin of 15% towards overhead & profits shall be added to the actual costworked out as above. If applicable, works contract tax shall be added to arrive atthe final rate of the item.

For all extra items of work it shall be the responsibility of the contractor to submit tothe Project Manager rate analysis as detailed above. The Project Manager shallgive his approval of the rates agreed in writing to the contractor.

In the event that no agreement is reached on arriving at rates on any or all of theextra items of work, the guidelines laid down by the CPWD / Government of IndiaSchedule of Rates shall be followed for arriving at the rates for the extra items ofwork.

The decision of the Client / Consulting Engineer in all such matters shall be finaland binding on the contractor.

9.4 Power of Architect’s Engineer to fix rates

Provided that if the nature or amount of any omission or addition relative to thenature of amount of the whole of the works or to any part thereof, shall be suchthat, in the opinion of the Architect’s Engineer, the rate or price contained in thecontract for any item of the works is, by reason of such omission or addition,rendered unreasonable or inapplicable, then a suitable rate or price shall beagreed upon between the Project Manager and the contractor. In the event ofdisagreement, the Architect’s Engineer shall help the Project Manager to fix such


other rate or price as shall, in his opinion, be reasonable and proper having regardto the circumstances.

Provided also that no increase or decrease under sub-clause 9.1.1 of this clause orvariation of rate or price under sub-clause 9.2 of this clause shall be made unless,as soon after the date of the order as is practicable and, in the case of extra oradditional work, before the commencement of the work or as soon thereafter as ispracticable, notice shall have been given in writing:

a) by the contractor to the Project Manager of his intention to claim extra paymentor a varied rate or price, or

b) by the Project Manager to the contractor of his intention to vary a rate or price.

9.5 Day work

The Project Manager may, in his opinion, if it is necessary or desirable, order inwriting that any additional or substituted work shall be executed on a day workbasis. The contractor shall then be paid for such work under the conditions set outin the day work schedule included in the contract and at the rates and pricesaffixed thereto by him in his tender.

The contractor shall furnish to the Project Manager such receipts or other vouchersas may be necessary to prove the amounts paid and, before ordering materials,shall submit to the Project Manager quotations for the same for his approval.

In respect of all work executed on a day work basis, the contractor shall, during thecontinuance of such work, deliver each day to the Project Manager an exact list induplicate of the names, occupation and time of all workmen employed on suchwork and a statement, also in duplicate, showing the description and quantity of allmaterials and plant used thereon or therefore (other than plant which is included inthe percentage addition in accordance with the Schedule hereinbefore referred to).One copy of each list and statement will, if correct, or when agreed, be signed bythe Project Manager and returned to the contractor.

9.6 Claims

The contractor shall send to the Project Manager once in every 15 days anaccount giving particulars, as full and detailed as possible, of all claims for anyadditional payment to which the contractor may consider himself entitled and of allextra or additional work ordered by the Project Manager which he has executedduring the preceding month. No final or interim claim for payment for any suchwork or expense will be considered which has not been included in suchparticulars. Provided always that the Project Manager shall be entitled to authorizepayment to be made for any such work or expense, notwithstanding thecontractor's failure to comply with this condition if the contractor has, at the earliestpracticable opportunity, notified the Project Manager in writing that he intends tomake a claim for such work. Final approval shall be by the client.


10. PLANT, TEMPORARY WORKS AND MATERIALS

10.1 Exclusive use for the works

1) All temporary works and materials provided by the contractor shall, when broughton to the site, be deemed to be exclusively intended for the execution of the worksand the contractor shall not remove the same or any part thereof except for thepurpose of moving it from one part of the site to another, which shall not beunreasonably withheld.

3) Client not liable for damage to plant, etc.

The Client shall not at any time be liable for the loss or damage to any of the saidtemporary works or materials as mentioned in clauses 5.13 and 16 hereof.

10.2 Approval of materials etc., not implied

The operation of Clause 10 hereof shall not be deemed to imply any approval bythe Project Manager of the materials or other matters referred to therein nor shall itprevent the rejection of any such materials at any time by the Project Manager.

11. MEASUREMENT

A. Quantities

The quantities set out in the bill of quantities are the estimated quantities of thework but they are not to be taken as the actual and correct quantities of the worksto be executed by the contractor in fulfillment of his obligations under the contract.

C. Schedule of quantities - No claim because actual quantities differ from bill ofquantities

The quantities of the various kinds of work to be done and materials to befurnished under this contract which have been estimated and are set forth in theproposal or the contract or the bill of quantities, are the estimated quantities andnot be accurate in any or all particulars and are only for the purpose of comparingon a uniform basis the bids offered for the work under this contract.

Project Manager reserves the right to take over and operate directly or indirectlysome or all items of works under this contract, if such items of works are notstarted or operated at all. The items may be deleted or added in dialogue withcontractors and Project Manager.


The contractor shall have no claim whatsoever for anticipated profits or loss onprofit or for damages consequent on Project Manager taking over and operatingsuch items, variation in quantities.

11.1 Works to be measured

The Project Manager shall, except as otherwise stated, ascertain and determine byJoint measurement along with the Contractor the value in terms of the contract ofwork done in accordance with the contract. He shall, when he requires any part orparts of the works to be measured, give notice to the contractor's authorized agentor representative who shall forthwith attend or send a qualified agent to assist theProject Manager in such measurement and shall furnish all particulars required byeither of them. Should the contractor not attend or neglect or omit to send suchagent, then the measurement made by the Project Manager or approved by himshall be taken to be the correct measurement of the work. For the purpose ofmeasuring such permanent work as is to be measured by records and drawings,the Project Manager shall prepare records and drawings month by month of suchwork and the contractor, as and when called upon to do so in writing shall, within14 days, attend to examine and agree such records and drawings with the ProjectManager and shall sign the same when so agreed. If the contractor does not soattend to examine and agree such records and drawings, they shall be taken to becorrect. If, after examinations of such records and drawings, the contractor doesnot agree the same or does not sign the same as agreed, they shall neverthelessbe taken to be correct, unless the contractor shall, within 14 days of suchexamination, lodge with the Project Manager, for decision by the Project Manager,notice in writing of the respects in which such records and drawings are claimed byhim to be incorrect.

11.2 Method of measurement

The works shall be measured as stipulated in the Bureau of Indian Standardsnotwithstanding any general or local custom except where otherwise specificallydescribed or prescribed in the contract.

The works shall be measured as per latest edition of Indian Standard IS: 1200 oras specified separately in the technical specifications or BOQ.

In the event of any dispute with regard to the method of measurement of any work,the decision of the Architect’s Engineer / Project Manager shall be final and bindingand no extra claims shall be entertained or allowed at any stage in this regard.

12. CERTIFICATES AND PAYMENT

12.1 Certificates and Payment

1) Unless otherwise provided, payments shall be made at monthly intervals inaccordance with the conditions set out below.

Billing and Certificates


The contractor shall submit monthly running bills in approved format for materials(If applicable/ allowed by the Project Manager) and works along with requireddetails and measurements as directed by the Project Manager.

The bill shall be checked/verified by the Project Manager and forwarded toArchitects for audit and issue of Certificate of Payment for interim payments foramounts, which in the opinion of the Project Manager are due to the contractor.

All interim payments made to the contractor during the progress of the works andthereafter against various running bills shall deem to be on account payments tobe adjusted in the final payment certificate and handing over of the works to theProject Manager and further adjusted, if necessary in the final payments certified atfinal account stage after the completion of Defects Liability Period and issue ofFinal Completion certificate by the Architect /Project Manager.

Final bill shall be submitted within 45 [Forty Five] days of issue of the virtualcompletion certificate vide clause 7.9 - General conditions unless specificextension of time is granted by the Project Manager.

Final certificate of payment shall be issued within one month of receipt of allclarifications and details of the Final bill to the satisfaction of the Project Manager.

2) Terms of payment

100% of bill value (After all deductions) shall be paid within 30 days of itssubmission & after certification from Architect/PMC.

Payment for works

Monthly running bills shall be submitted by the contractors shall be certified forassessed quantities of work done. Assessment of Project Manager shall be final.

Retention money

Retention Money at the rate of 5% of the certified Gross value of work done foreach running bill will be deducted.

Retention money shall be released on the issue of the final completion certificateafter the defects liability period provided that the work is free from defects and theContractor has rectified all defects identified by the Architect’s Engineer / ProjectManager.

12.2 Approval only by Final Completion certificate

No certificate other than the Final Completion certificate referred to in Clause 12.3hereof shall be deemed to constitute approval of the works.

12.3 Final Completion Certificate


The contract shall not be considered as completed until a Final Completioncertificate shall have been signed by the Architect’s Engineer / Project Managerand delivered to the Contractor stating that the works have been completed andmaintained to his satisfaction. The Final Completion certificate shall be given bythe Architect / Project Manager within 28 days after the expiration of the DefectsLiability Period, or if different periods of Final Completion shall become applicableto different sections or parts of the works, the expiration of the latest such period,or as soon thereafter as any works ordered during such period pursuant to Clause8 hereof, shall have been completed to the satisfaction of the Project Manager andfull effect shall be given to this clause notwithstanding any previous entry on theworks or the taking possession, working or using thereof or any part thereof by theClient.

12.4 Cessation of Client’s liability

The Client shall not be liable to the contractor for any matter or thing arising out ofor in connection with the contract or the execution of the works, unless thecontractor shall have made a claim in writing in respect thereof before the giving ofthe Final Completion certificate under this Clause.

13. REMEDIES AND POWERS

13.1 Default of contractor

If the contractor shall become bankrupt or have a receiving order made againsthim, or shall present this petition in bankruptcy, or shall make an arrangement withor assignment in favour of his creditors, or shall agree to carry out the contractunder a committee of inspection of his creditors or, being a corporation, shall gointo liquidation (other than a voluntary liquidation), or if the contractor shall assignthe contract, without the consent in writing of the Client first obtained, or shall havean execution levied on his goods, or if the Project Manager shall certify in writing tothe Client that in his opinion the contractor:

a) Has abandoned the contract, or

b) Without reasonable excuse has failed to commence the works or hassuspended the progress of the works for 15 days after receiving from the Clientwritten notice to proceed, or

c) Has failed to remove materials from the site or to pull down and replace workfor 15 days after receiving from the Project Manager written notice that the saidmaterials or work had been condemned and rejected by the Project Managerunder these conditions, or

d) Contractor is not executing the works in accordance with the contract, or ispersistently or flagrantly neglecting to carryout his obligations under thecontract, or


e) Has, to the detriment of good workmanship, or in defiance of the ProjectManager's instructions to the contrary, sub-let any part of the contract

Then the Client may, after giving fourteen days notice in writing to the contractor,terminate the contract there from without thereby releasing the contractor from anyof his obligations or liabilities under the contract, or affecting the rights and powersconferred on the Client by the contract, and may himself complete the works ormay employ any other contractor to complete the works at the risk and cost ofcontractor. The Project Manager or such other contractor may use for suchcompletion so much of the constructional plant, temporary works and materials,which have been deemed to be reserved exclusively for the execution of theworks, under the provisions of the contract, as he or they may think proper, and theClient may, at any time, sell any of the said temporary works and unused materialsand apply the proceeds of sale in or towards the satisfaction of any sums due orwhich may become due to him from the contractor under the contract.

13.2 Valuation of date of forfeiture

The Project Manager shall, as soon as may be practicable after such terminationby the Client fix and determine after such investigation or enquiries as he maythink fit to make or institute and shall certify what amount, if any, had at the time ofsuch entry and expulsion been reasonably earned by or would reasonably accrueto the contractor in respect of work then actually done by him under the contractand the value of any of the said unused or partially used materials, any temporaryworks.

13.3 Payment after forfeiture

If the Client shall terminate the contract under this clause, he shall not be liable topay to the contractor any money on account of the contract until the expiration ofthe Defects Liability Period and thereafter until the costs of execution and FinalCompletion, damages for delay in completion, if any, and all other expensesincurred by the Client have been ascertained and the amount thereof certified bythe Architect Engineer. The contractor shall then be entitled to receive only suchsum or sums, if any, as the Architect’s Engineer may certify would have beenpayable to him upon due completion by him after deducting the said amount. Ifsuch amount shall exceed the sum which would have been payable to thecontractor on due completion by him, then the contractor shall, upon demand, payto the Client the amount of such excess and it shall be deemed a debt due by thecontractor to the Client and shall be recoverable accordingly.

13.4 Urgent repairs

If, by reason of any accident, or failure, or other event occurring to in or inconnection with the works, or any part thereof, either during the execution of theworks, or during the Defects Liability Period, any remedial or other work or repairshall, in the opinion of the Project Manager, be urgently necessary for the safety ofthe works and the contractor is unable or unwilling at once to do such work or


repair, the Project Manager may employ and pay other persons to carryout to suchwork or repair as he may consider necessary. If the work or repair so done by theProject Manager is the work which, in the opinion of the Project Manager, thecontractor was liable to do at his own expense under the contract, all expensesproperly incurred by the Client in so doing shall be recoverable from the contractorby the Client, or may be deducted by the Client from any monies due or which maybecome due to the contractor.

14. SPECIAL RISKS

The special risks are war, hostilities (whether war be declared or not), invasion actof foreign enemies, the nuclear and pressure waves risk described in clause 5.14b) hereof, or in so far as it relates to the country in which the works are being orare to be executed or maintained, rebellion, revolution, insurrection, military orusurped power, civil war, or unless solely restricted to the employees of thecontractor or of his sub-contractors and arising from the conduct of the works, riot,commotion or disorder.

a) Outbreak of war

If, during the currency of the contract, there shall be an outbreak of war, whetherwar is declared or not, in any part of the world which, whether financially orotherwise, materially affects the execution of the works, the contractor shall, unlessand until the contract is terminated under the provisions of this clause, continue touse his best endeavors to complete the execution of the works. Provided alwaysthat the Client shall be entitled at any time after such outbreak of war to terminatethe contract by giving written notice to the contractor and, upon such notice beinggiven this contract shall except as to the rights of the parties under this clause andto the operations hereof, terminate, but without prejudice to the rights of eitherparty in respect of any antecedent breach thereof.

Payment on contract termination

If the contract shall be terminated as aforesaid, the contractor shall be paid by theClient, insofar as such amounts or items shall not have already been covered bypayments on account made to the contractor, for all work executed prior to thedate of termination at the rates and prices provided in the contract and in addition:

i) The amounts payable in respect of any preliminary items, so far as work orservice comprised therein has been carried out or performed, and a properproportion as certified by the Project Manager of any such items, the work orservice comprised in which has been partially carried out or performed.

ii) The cost of materials or goods reasonably ordered for the works which shallhave been delivered to the contractor or of which the contractor is legally liableto accept delivery, such materials or goods becoming the property of the Clientupon such payments being made by him.


Provided always that against any payments due from the Client under this sub-clause, the Client shall be entitled to be credited with any outstanding balancesdue from the contractor for advances received and any other sums which at thedate of termination were recoverable by the Client from the contractor under theterms of the contract.

Provided further that the Contractor shall not be entitled to be paid for any work,which is not executed in accordance with the specifications given to the Contractorunder these provisions.

14.2 Force majeure

a) Payment in the event of force majeure

If a war, or other circumstances outside the control of both parties, arises after thecontract is made so that either party is prevented from fulfilling his contractualobligations, or under the law governing the contract, the parties are released fromfurther performance, then the sum payable by the Client to the contractor inrespect of the work executed shall be the same as that which would have beenpayable if the contract had been terminated.

15. SETTLEMENT OF DISPUTES

15.1 Settlement of disputes and arbitration

All disputes and difference arising out or in connection with the contract whetherduring the progress of work or after completion shall be referred to and settled byarbitration by two Arbitrators, one to be nominated by the contractor and one to benominated by the Client. The two arbitrators shall, in turn appoint a neutral thirdparty who shall also be an arbitrator & known as Umpire. The decision of theUmpire shall, however, be final and binding on both the parties. For the purpose ofthis clause, the provisions of the Arbitration and Conciliation Act, 1996, with therelevant amendments and latest revisions shall be applicable.

The seat of arbitration shall be Bangalore and the arbitration shall be carried out inthe English language

15.2.1 The disputes, if any, between the parties, shall be subject to the exclusivejurisdiction of the courts, in the Bangalore Urban District alone.

15.2.2 All decisions and determinations by the Architect’s Engineer / Project Managershall be deemed to be decisions of an expert whose expertise the parties accept.The decision shall not be an award pursuant to arbitration or conciliation.

17. NOTICES

17.1 Services of notices on contractor


1) All certificates, notices or written orders to be given by the Client or by the ProjectManager to the contractor under the terms of the contract shall be served bysending by post to or delivering the same to the contractor's principal place ofbusiness, or such other address as the contractor shall nominate for this purpose.

2) Service of notices on Client

All notices to be given to the Project Manager under the terms of the contract shallbe served by sending by post or delivering the same to the respective addressesnominated for that purpose.

3) Change of address

Either party may change a nominated address to another address in the countrywhere the works are being executed by prior written notice to the other party.

18. Co-Ordination with Other Agencies : The contractor shall extend the support in co-ordination with all other agencies appointed by Client without any extra claims.

TENDER SUMMARY

Description Condition

Receipt of Bids On 25 Nov 2016 AT OFFICE OF M/s. LRPL, 2nd Floor, Dodda mane Bldg. #19/1, Vittal Mallya Road. Bangalore-560001

Opening of Bids Closed Bid

Issue of Letter of Intent (LOI) Within One month from the date of Opening of theBids

Period for commencement from Client'sorder to commence

7 days from the date of issue of LOI


Signing of contract/agreement Within 30 days from the date of Letter Of Intent.

Time for completion 6 Months from date of Letter of Intent. Price validityfor 12 months from date of Letter of Intent.

Amount of liquidated damages

Milestone Penalty and Bonus

0.5% per week of delay subject to max of 5% of thecontract value.

As per Clause 7.8.

Defects Liability Period 12 months from the date of issue of certificate ofvirtual completion

Percentage of retention 5% of the value of work done.

Limit of retention money 5% of certified value works executed and shall bereleased upon completion of defects liability period.

Time within which interim paymentshould be made of the bill duly acceptedby Project Manager

30 days.

Dated this ........................................... day of ................................. 20...…..

Signature ..................................................in the capacity of ............ .......... .....................duly authorised to sign tenders for and on behalfof ...............................................................................(IN BLOCK LETTERS)

Witness:Address .........................................................

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

..........................................................Occupation .......................................................


APPENDIX "A"

FORM OF TENDER

(Notes: The Appendix forms part of the tender.)

Tenderers are required to fill up all the blank spaces in this Tender Form and Appendix.)

To,__________________________________

Dear Sir,

1) Having examined the drawings, general and special conditions of contract,specification and bill of quantities for the execution of the above named works, we,the undersigned, offer to execute complete and maintain the whole of the saidworks in conformity with the said drawings, conditions of contract specification andbill of quantities for the sum ofrupees ....................................................................................................................................................................................................................................................................(Rs. .....................) or such other sums as may be ascertained in accordancewith the said conditions.

2) We undertake if our tender is accepted to commence the works within..............days from the date of the LOI and to complete and deliver the whole of theworks comprised in the contract within .................days calculated from the last dayof the aforesaid period in which the works are to be commenced.

3) We agree to abide by this Tender for the period of 120 days from the date fixed forreceiving the same and it shall remain binding upon us and may be accepted atany time before the expiration of that period. We would facilitate the timelyfinalization of the decision by the Client of the acceptance of the Bid by beingpresent at their Bangalore offices for meetings as and when requested by theClient/Architect.

4) We understand that you are not bound to accept the lowest or any tender you mayreceive. We also understand that you reserve the right to supply any materialrequired for execution of the works under the tender and/or make alternativearrangements for insurance which would have to be complied with by us.

5) We confirm that there are no deviations in the tender documents submitted herewith from the proforma tender documents except for those qualified separately inthe offer.


Thanking you,

Yours truly,

Signature of Tenderer


APPENDIX "B"

CONTRACT AGREEMENT

This Agreement made the ............................................................... day of ..........................20......between .......................................................... .............................................................................having its RegisteredOffices ....................................................................................................... (hereinaftercalled "The Client") of the one part and .................................................................. havingits Registered Offices at ..................................................................................................and having its Head Officesat ............................................................................. ...................... (hereinafter called "TheContractor") of the other part.

Whereas the Client is desirous that certain works should be executed,viz. .............................................................................................................. and hasaccepted a Tender by the contractor for a contract price ofrupees ................................................................................................... as summarized at"Appendix to Agreement - Summary of Contract Price" for the execution, completion andmaintenance of such works now this Agreement witnesses as follows:

1) In this Agreement words and expressions shall have the same meanings as arerespectively assigned to them in the conditions of contract hereinafter referred to.

2) The following documents shall be deemed to form and be read and construed aspart of this Agreement, viz.:

a. The said tenderb. The drawingsc. General conditions of contractd. Scope of work and specificationse. The bill of quantitiesf. The Letter of Acceptance (Letter of Intent).

3) In consideration of the payments to be made by the Client to the contractor ashereinafter mentioned the contractor hereby covenants with the Client to execute,complete and maintain the works in conformity in all respects with the provisions ofthe contract.

4) The Client hereby covenants to pay the contractor in consideration of theexecution, completion, and maintenance of the works the contract price at thetimes and in the manner prescribed by the contract.

LRPL., 49 OF62


In witness whereof the parties hereto have hereunto set their respective hands andseals the day and year first above written.

Signed, sealed and delivered by the authorized representatives of the said ClientM/s.................................................................................................................................pursuant to the resolution passed by the Board of Directors at its meeting held on............................................................

Signature .....................................................................

Name ................................................................... /Common Seal/

Designation ..................................................................

in the presence of: Name ........................................

Signature ..................................

Designation ...............................

Signed, sealed and delivered by the authorized representatives of the saidcontractorM/s................................................................................................................................... pursuant to the resolution passed by the Board of Directors at its meeting heldon ............................................................

Signature .....................................................................

Name ......................................................................../Common Seal/

Designation ..................................................................

in the presence of: Name ........................................

Signature ..................................

Designation ...............................

LRPL., 50 OF62


APPENDIX "E"

LIST OF APPROVED MAKES OF MATERIALS

It is the prerogative of the Client/Architect/ Project Manager to choose the make.The Contractor shall obtain approval of the makes of all the materials beforeprocurement.

S.No ITEMS BRAND NAMES

1) Wall care Putty Birla/Asian/ JK or equivalent

2) Primer Asian/Dulux ICI /Berger or equivalent

3) Internal emulsion paint Asian/Dulux ICI/Berger or equivalent4) External paint Asian/Dulux ICI/Berger or equivalent5) Texture finish Renovo/ Spectrum/ Jotun / Sherwin &

Williams or equivalent

All materials to confirm to relevant Indian Standards with ISI Mark wherever applicableand approval to be taken from the Client Engineer In Charge.

LRPL., 51 OF62


APPENDIX "F"

Format of claim letter from the Client

Date

To

Branch ManagerBank NameBank Postal Address

Dear Sir

You have issued a Guarantee (Reference No dated ) onbehalf of the (name of the Contractor) ______________ for an amount of Rs____________________. We are enclosing here a photocopy of the same for your readyreference.

In our opinion we are entitled to a claim under this guarantee and we therefore requestyou to issue a demand draft in our favour i.e (Name of the Client)_____________________ payable at Bangalore and send it to us at_____________________________ by courier.

Thanking you

With best regards

For Client

Autorizedsigntory

LRPL., 52 OF62


APPENDIX "G"ARCHITECTURAL DRAWING SCHEDULE :

Sl.no. Title1 Tower 1 typical floor plan wing wise2 Tower 2 typical floor plan wing wise3 Tower 2a typical floor plan wing wise4 Tower 3 typical floor plan wing wise5 Tower 4 typical floor plan wing wise

Note: All drawings are to be read as per the dimensions shown and not to be scaled.

APPENDIX "H"SAFETY REQUIREMENTSLRPL., 53 OF62


The Contractor, his Sub-Contractors and nominated sub-contractors, shall comply with thesafety precautions, protective measures (Doors, windows, floors etc, and such otherparts of the building to be painted shall be protected from being splashed upon.Splashing & droppings, if any shall be removed by the contractor at his own cost andthe surfaces cleaned. Damages if any to the painted surfaces or fittings & fixtures etc.shall be recovered from the contractor.) , house keeping requirements, etc. TheProject Managers / Architects with due intimation shall have the right to stop the workat site, if in his opinion proceeding with the work will lead to an unsafe and dangerouscondition. The contractor shall get the unsafe condition removed or provide protectiveequipment. The contractor shall ensure that all workmen are aware about the natureof risk involved in their work and have adequate knowledge for carrying out their worksafely.

The instructions issued herein are indicative and not exhaustive. Therefore the contractorshall be responsible to ensure that adequate safety measures have been adopted inthe course of execution of the contract in accordance with safety standards / statutoryregulations, as applicable.

The contractor shall be held responsible for non-compliance if any of the safety measuresand delays, implications, injuries, fatalities and compensation arising out of such situationsor incidents.

2. SAFE MEANS OF ACCESS

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

2.2 Suitable scaffolds shall be provided for workmen for all works that cannot safely bedone from the ground, or from solid construction except such short duration workas can be done safely from ladders. Ladder shall be of rigid construction havingsufficient strength for the intended loads and made of metal and all ladders shallbe maintained well for safe working condition. Suitable footholds and handholdsshall be provided on the ladder. The ladder shall be given an inclination notsteeper than 1 in 4 (1 horizontal and 4 vertical).

2.3 Scaffolding or staging more than 3.5m above the ground or floor, swung orsuspended from an overhead support or erected with stationary support shall havea standard guard-rail properly attached, bolted, braced or otherwise secured atleast 1m high above the floor or platform of such scaffolding or staging. Theguardrail shall extend along the entire exposed length of the scaffolding with onlysuch opening as may be necessary for the delivery of materials. Standard railingshall have posts not more than 2m apart and an intermediate rail half way betweenthe floor and platform of the scaffolding and the top rail. Such scaffolding or

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staging shall be so fastened as to prevent it from swaying from the building orstructure. Scaffolding and ladder shall conform to relevant IS specification (IS3696-1966). TIMBER/BAMBOO SCAFFOLDING SHALL NOT BE USED.

2.4 Working platforms of scaffolds shall have toe boards at least 15cm in ht. to preventmaterials from falling down.

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

2.6 Working platform, gangways and stairways shall be so constructed that they shallnot sag unduly or unequally and if the height of the platform or gangway orstairway is more than 3.5m above ground level or floor level, they shall be closelyboarded, shall have adequate width for easy movement of persons and materialsand shall be suitably guarded.

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

2.8 Every opening in the floor of a building or in a working platform shall be providedwith suitable means to prevent fall of persons or materials by providing suitablefencing or railing, the minimum height of which shall be 1m, along with 15cm highsheet obstruction at floor level along the railing.

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

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

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5. PERSONAL PROTECTIVE EQUIPMENT

All necessary personal protective equipment shall be kept available for the use ofthe persons employed on the site and maintained in a condition suitable forimmediate use. Also the contractor shall take adequate steps to ensure properuse of equipment by those concerned. The personal protective equipment are tobe provided by the contractor are:

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

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

c) All persons working at height more than 4.5m above ground or floor andexposed to risk of falling down shall use safety belts, unless otherwiseprotected by cages, guard railings, etc. In places where the use of safety beltsis impractical, suitable net of adequate strength fastened to substantialsupports shall be employed.

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

6. PAINTING

6.1 The contractor shall not employ women on the work of painting with productscontaining lead in any form. Only men above the age of 18 years shall beemployed on the work with lead paint. The following precautions shall be takenduring the work:

a) Supply air respirators for use by the workers when paint is applied in theform of spray, or a surface having lead paint is dry rubber or scraped.

b) The workmen shall use overalls and adequate facilities shall be provided toenable the painters to wash at the cessation of work.

c) All painting jobs, especially those in which lead paints are used shall bekept under industrial hygiene surveillance.

6.2 Smoking, open flames or sources of ignition shall not be allowed in places wherepaints and other flammable substances are stored, mixed or used. A cautionboard, with the instructions written in national/regional language, “SMOKING -STRICTLY PROHIBITED” shall be displayed in the vicinity where painting is inprogress or where paints are stored. Symbols shall also be used for cautionboards.

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Suitable fire extinguishers/sand buckets shall be kept available at places whereflammable paints are stored, handled or used.

When painting work is done in a closed room or in a confined space, adequateventilation shall be provided. If adequate ventilation cannot be provided, workersshall wear suitable respirators.

6.3 Epoxy resins and their formulations used for painting shall not be allowed to comein contact with the skin. The workers shall use plastic gloves and/ or suitablebarrier creams.

Adequate ventilation shall be provided especially when working with hot resinmixes.

Increased personal hygiene shall be practiced to control inadvertent contact withthe resin and eliminate its effects.

Workers shall thoroughly wash hands and feet before leaving the work. Workclothes shall be changed and laundered frequently.

9. GRINDING

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

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

9.3 Goggles shall be used during grinding operation.

10. HOUSE KEEPING

10.1 The contractor shall at all times keep his work site, site office and surroundingsclean and tidy from rubbish, scrap, surplus materials and unwanted tools andequipment.

10.2 Electrical cables shall be so routed as to allow safe traffic by all concerned.

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

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10.4 At the completion of the work, the contractor shall ensure removal from the workpremises all scaffoldings, surplus materials, rubbish and all huts and sanitaryarrangements used/installed for workmen on the site.

11. FIRE SAFETY

All necessary precautions shall be taken to prevent outbreak of fires at theconstruction site. Adequate provisions shall be made to extinguish fires, shouldthey 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 ofcombustibles at site.

b) Containers of paints, thinners and allied materials shall be stored in aseparate 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 keptcovered and properly fitted with lid and shall not be kept open except whileusing.

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

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

12. WORK IN RADIATION AREA

The contractor shall follow the stipulated procedure regarding work in the radiationarea and other works related with radiography.

15. SAFETY COORDINATOR

The contractor shall have a Supervisor to be designated as a Safety Coordinator inorder to specifically look into the implementation of various safety requirements ofthe site work. The person thus designated will in general co-ordinate on matters ofsafety and in particular ensure that the Safety Manual is complied with. His nameshall be displayed on the Notice Board at a prominent place at the work site.

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16. REPORTING OF ACCIDENT

16.1 All accident leading to property damage and/or personnel injuries shall be reportedto the concerned authorities viz. Insurance Co. Police, Client, Project Manager,Architect, etc.

16.2 The contractor shall also submit a monthly statement of accidents to the ProjectManagers / Architects by every month showing details of accident, nature of injuryincluding disability, days lost, treatment provided, etc., and the extent of propertydamage.

17. PUBLIC PROTECTION

The contractor shall make all necessary provisions to protect the public. He shall beheld responsible for defense of every action of other proceedings at law that maybe brought by any person for injury sustained owing to neglect of any precautionrequired to taken to protect the public.

18. OTHER STATUTORY PROVISIONS

All operations involving the transport, handling, storage and use of explosive shall beas per the standing instructions and conform with the latest Indian Explosives Actand the explosives Rules. .

20. SAFETY CODES IN CONSTRUCTION INDUSTRY

.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) Provide guardrails & toe board.i) Wear safety belt, helmet while working on scaffolding.

j) Do not use the scaffolding for more than 15 days without rechecking.k) Frequent inspection.l) Excavation is not permitted near base of scaffolding.m) Use of wooden scaffolding is not permitted

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.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 BARRICADESa) Floor openings covered/barricaded properly.b) Road ways/side walks protected.c) Traffic controlled.

.9 HOISTS, CRANES, DERRICKSa) 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 precautionsshould be taken.j) Gas cylinders are kept in properly designed cages.k) Periodical test/inspection of hoists and 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.q) Barricade around the area to avoid labour movement close to the area.

.10 CONVEYORS:a) Proper inspection & maintenance.b) Screens and other protection.c) Adequate inspection and maintenance, ladders, light.

.12 HOUSE KEEPING & SANITATIONa) General neatness in working area.b) Regular disposal of waste/trash.

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c) Pathways and walkways clear.d) Adequate lighting.e) Sanitary facilities – clean.f) Adequate drinking water.

.13 EMERGENCY PROCEDUREa) First aid station – properly manned.b) First aid boxes – with items.c) Injuries reported promptly.d) Safety net used for heights – belts.e) Adequate escape facilities.f) Proper storage of tools when not being used.

.15 FLAMMABLE GASES – LIQUIDSa) “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 STORAGEa) 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 TOOLSa) Good housekeeping 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.

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i) Proper supervision.j) Use of safety appliances - goggles - face shield.k) Flying hazards checked up.

18 EDUCATING LABOUR:

a. Safety Posters/boards to be installed at site at different locations.b. Safety Supervisorr to conduct safety meet periodically and hold pep talks With workmen.

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