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PROPOSED RENOVATION CIVIL WORK
TECHNICAL BID
FOR
BANK OF INDIA
AT
ZONAL OFFICE,K.G.ROAD,BANGALORE.
DATE OF ISSUE: - 04/04/2013 TO 13/04/2013
TENDER SUBMISSION ON: -13/04/2013 AT 3.00 P.M.
TENDER OPENING: - 13/04/2013 AT 3.30 P.M
COMPLETION PERIOD 24 weeks
BANK OF INDIA
Zonal office, Bangalore
Bank of India Building, K.G.Road, Bangalore
560 009, Ph: 080 22959419
Architects
KANAMADI AND ASSOCIATES #58, First Floor, 11th Cross, 6th Cross Swimming Pool Ext, Malleswaram, Bangalore -560 003
Ph: 080 23347210, Email: [email protected]
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TENDER FOR PROPOSED RENOVATION OF EXISTING ZONAL OFFICE
BUILDING AT K.G.ROAD FOR BANK OF INDIA BANGALORE 560-009
Documents issued to:
Date of submission:13/04/2013
Place of submission; Zonal Manager
BANK OF INDIA
BANK OF INDIA BUILDING
Zonal office, K.G.Road
Bangalore 560001.
Architects
KANAMADI AND ASSOCIATES #58, First Floor, 11th Cross, 6th Cross Swimming Pool Ext, Malleswaram, Bangalore -560 003
Ph: 080 23347210, Email: [email protected]
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PART-1
Instruction for filling in the tender
Notice inviting tender
Project Summary
Construction contract
Tender form
Condition of contract
General specifications
Special condition
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INSTRUCTIONS FOR FILLING IN THE TENDER FORM
1. In this tender Item Specifications are given in the following sections:
Part - I : Notice Inviting tender, tender form, Articles of
Agreement, General Conditions of Contract, Special Conditions of
Contract,
Part
II : Technical specifications, Notes covering Bill of Quantities,
Bill of quantities with Detailed/Line specifications, Summary Sheet and
drawings.
Technical specifications are the general instructions for carrying out the works.
2. For the Schedule of quantities, in Part: II the rates-shall be written (after carefully
studying the technical specifications and detailed specifications and drawings) clearly,
legibly in figures and in words. In case of any doubts, or discrepancy the amount in words
will be treated as correct. Amounts should be entered after carefully checking up the unit
adopted for the item.
3. List of drawings accompanying the tender documents is furnished in Part - ll. All tender
drawings form an integral part of tender and the details shown on the drawings are
complementary to the Bill of Quantities and vice versa. Rates quoted must and be deemed to
have taken note of all the Drawings, Technical specifications, detailed specifications and Bill
of Quantities.
4. The contractor should certify that he has studied the works at site and acquainted himself with
the position with regard to construction, materials & labour required for the work.
5. The contractor should submit a declaration disclosing all works for which he has already
entered into contract, the value of work that remains to be executed in each such contract,
while submitting the tender and details of any disputes pending in respect of any such contract
whether in a coup, or any other Forum or under discussion / negotiation with the other party to
such contracts.
6. Every contractor should furnish along with his tender an income-tax clearance certificate &
brief. information regarding the income tax circle, Ward & the District in which he is assessed
by income tax, the reference No. of assessment and the assessment year, as also details of
any attachments, prohibiting orders, garnishee proceedings in connection there with.
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7. The contractors are to pay the amount of earnest money as specified in the tender notice
separately along with the Tender. Tenders for which earnest money deposit has not been
received separately shall be returned unopened/ not opened and/or not opened.
8. Certified copies of Registration Certificate, Partnership Deed and Power of Attorney or Articles
of Agreement in case of Limited Companies will have to be furnished along with the tender to
render the tender eligible for consideration.
9. Should the contractor notice any discrepancy or error in any statement made, or quantities or
units shown against items, he shall immediately bring to the notice of the Architect and obtain
clarifications before submitting the tender. The tender shall be recorded as such in the
covering letter to the tender, failing which the Owner shall have right to ask the contractor to
execute the work according to the statement made or quantities or units shown in the tender,
without any compensation.
10. Every contractor (should furnish along with his tender proof of his/their technical and
organizational competence to execute the works of the above nature and magnitude
adequately supported with testimonials and certificates from the organizations for which they
have executed similar works in the past 5 years.
The contractor should submit the following additional documents
a. Complete bar chart worked out based on the period of construction.
b. Site organization chart giving details of all staff to be deployed including names and
bio-data of managerial and engineering staff for the execution of this project.
c. A detailed list of plant and machinery and shuttering material proposed for deployment
should be submitted along with the offer.
d. A list of subcontractors'(if any) should also be enclosed along with the offer.
11. CO-ORDINATION WITH OTHER AGENCIES OR CONTRACTORS APPOINTED DIRECTLY
BY THE OWNER
The contractor shall co-ordinate with the work of other agencies or contractors that may be
employed or engaged by the Owner. The sequence of the work shall be so arranged that the
work of other agencies are able to start their scope per the agreed bar chart for
implementation and all the required pre-requisite site condition are arranged well before the
start of their work.
The contractor shall also take full responsibility of the contracting agencies / contractor with
regard to liaisoning, pre-requisite site conditions, time limit for starting and completion of work
of 'other agencies / contractors, execution of works according to the specifications, drawings
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and quality standards acceptable to Architects / Owner. The contractor should specify a
percentage of co-ordination charge of the other contract values for co-ordination and handing
over of the works to the Owner. Contractor should sufficiently protect all items including high
value finishes like aluminum works, elevator etc., till such time it is handed over to the Owner.
If damages are pointed out at the time of hand. Over, the same shall be replaced by
contractor free of cost irrespective of cause, reason and agency responsible for such
damages.
Proper security, systematic operation and co-ordinal on of work force of different trades
including Contractors balance scope of works will have to be handled by contractor and inter
co-ordination should appear seamless to Owners / Architects.
12. RATE ONLY ITEMS: If found necessary during execution these items will be operated and
paid at the rates quoted only. No claims or any objections there shall be entertained.
13. The tender of any contractor not` complying with any of the above instructions 1 to 12 may be
rejected.
I / We have carefully read the above said instructions have understood the same and shall comply
with the same.
SIGNATURE OF THE CONTRACTOR
PLACE:
DATE:
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APPENDIX -A
PROJECT SUMMARY
Defects Liability Period :
1 YEAR
Period of Final Measurement and Valuation :
15 days
Date of Commencement of works :
7 DAYS ON RECEIPT OF WORK ORDER
Period of Completion of works :
24 weeks
Penalty :
1/2% OF TOTAL VALUE OF WORKS FOR EVERY
WEEK DELAY UPTO MAXIMUM OF 7.5%
Earnest Money Deposit :
Rs.70,000 -/- BY DEMAND DRAFT
Retention Money :
5% (EIGHT PERCENT)
Installment after virtual completion :
100% OF RETENTION AMOUNT
Extra Items (pl.see clause 30) :
COST OF MATERIAL AND LABOUR + 20% FOR
TAXES, PROFIT AND
OVERHEADS,WATER,POWER ETC.,
Passing of the running bills by the owner :
ADHOC PAYMENT UPTO 35% OF INTERIM BILL
VALUE WITHIN SEVEN DAYS AND FULL
CERTIFICATION WITHIN 30 WORKING DAYS
FROM DATE OF THE BILL SUBMITTED.
Payment of the running bills by the owner :
WITHIN TEN DAYS OF RECEIPT OF CERTIFIED
BILL FROM ARCHITECTS
Period if final bill certification by the Architects :
WITHIN 30 DAYS OF FROM THE DATE OF BILL
SUBMITTED.
Pre Bid Meeting 09/04/2013
Tender Fee Rs.3000.00 D D or Cheque non refundable In Favour
of Kanamadi & Associates
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NOTICE INVITING TENDER
1. Sealed item rate tenders are invited by M/s. KANAMADI AND ASSOCIATES Architects,
No.58, first floor, 11th cross road, 6th Cross Swimming Pool Extn., Malleswaram Bangalore-
560 003, on behalf of Bank of India, Zonal office Administration & service Department No-11,
Bank of India Building K.G Road, Bangalore-560 009, India for the Proposed renovation of
existing building for Bank of India, zonal office, K.G.Road, Bangalore. India before12:30
pm on 13.04.2013.The tender should be in prescribed form attached to the tender notice and
should be submitted to the office of Senior Manager A & S Department, Bank of India Zonal
Office, Bangalore - 560 009.
2. Tenderers are advised to go through all the documents in connection with this contract
carefully. The tender documents can be obtained from the office of the architects/ Bank of
India Zonal office, K.G.Road, Bangalore -560 009 India
3. Tenderers will have to deposit the sealed tenders in the office of the Senior Manager premises
Department, Bank of India, Zonal Office, Bangalore-560 009 India before the stipulated date
and time. Any tender received after the due date and time will be rejected.
Tenderers will deposit the following in a sealed envelope:
a) Earnest Money Deposit for the amount and in the manner specified in a separate
envelope.
b) Tender drawings duly signed with seal by the contractors.
c) Tender books duly signed with seal by the contractors.
Tenders will be received up to 3.00 P.M on 13.04.2013 and will be opened on the 13.04. 2013
at 3.30 P.M at the office of the Senior Manager, A & S Department, Bank of India, Zonal
Office, Bangalore - 560 009 India Tenders received after the approved time and date whether
sent by post-or in person shall not be accepted.
4. Tenders not properly filled or mutilated or with incorrect, inaccurate calculations of generally
not complying with the conditions will be rejected.
5. Tenderers should quote their rates both in figures & in words. The total of each page
along with carried over figures of the previous page shall be given in ink and signed by the
Tenderers. No blank space shall be left. Rates quoted in words shall deemed to be correct in
case of cuttings or overwriting.
6. If the tender is made by an individual it shall be signed by him and his full name and complete
address shall be given. If it is made by partnership firm it shall be signed in the name of the
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firm by a partner of the firm who shall sign his own name and give the name and address of
each partner of the firm and attach a copy of Power of attorney with the tender authorizing him
to sign on behalf of the other partners. A certified copy of the Partnership Deed in case of
registered firms and notarized copies in other cases shall also be submitted along with the
tender. In case the tender is made by or on behalf of a company incorporated under the
Companies Act, 1956, it shall be signed by the managing Director or by one of the Directors
duly authorized on this behalf and shall include a copy of the Power of Attorney with the
tender. A certified copy of the registered articles of Agreement shall also be submitted along
with the tender.
7. A) 1. EARNEST MONEY DEPOSIT: (E.M.D)
Earnest Money Deposit amounting to a value of Rs.70,000 (Rupees Seventy thousand) Only
by crossed demand draft drawn in favour of M/s. BANK OF INDIA , BANGALORE should be
submitted along with the tender
E.M.D of the unsuccessful tenderers will be returned within Ninety Days from the last date
stipulated for submission of tenders.
EMD s shall be forfeited if the contractor selected for the work falls to sign the prescribed
agreement or fails to start the work within seven DAYS of order to commence the work.
The E.M.D of the successful Tenderers will be returned along with payment of final bill.
B) PERFORMANCE BOND:
The successful tenderer should furnish a performance Bond in the form of a Bank Guarantee
from a scheduled Bank approved by the Owner, for the value 5% of contract value with in
fifteen (15) days of date of award of work. The bank guarantee shall be in the format as
attached and valid till 90 days after the expiry of Defects Liability period.
C) RETENTION MONEY:
Deduction towards Retention Money would be made in every Running Bill at 8% of the value
of work as certified 30% of Retention amount will be released to the contractor after virtual
completion of work and the balance will be released after the completion of defects liability
period of 12 months of handing over the buildings, provided the building is free from defects
and the contractor has rectified all defects Identified by Architects/Owner. All manufacturers
warranty should be passed on to the owner. The retention money shall not carry any Interest.
D) INCOME TAX:
Income Tax at the rate prevailing at the time of payment will be deducted from each Running
Bill and Final Bill, together with any other prescribed statutory deductions. (Like KST etc.)
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8. PERIOD OF VALIDITY:
The tender shall remain valid for acceptance for a period of construction or renovation from
the last date for submission of the tenders. IF any tenderer withdraws his tender before the
said period or makes any modifications in terms and conditions of the tender, then the Owner
shall be entitled to forfeit the said Earnest Money Deposit by encashment/ enforcement of the
Bank Guarantee herein before referred to.
9. INSPECTION OF SITE:
Every tenderer is expected to inspect the site of the proposed work and acquaint himself with
the site conditions approaches, availability of raw materials, geological and weather conditions
etc., before quoting his rates. He must go through all the drawings, specifications and other
tender documents. Any further clarifications in the drawings and documents can be had from
the architects at the above mentioned address. Submission of the tender shall be deemed to
be due compliance with this clause.
10. QUANTUM OF WORK
A schedule of probable quantities in respect of each work and specifications accompany these
Conditions. The schedule of probable quantities is liable to alterations, omissions, deductions
or additions at the sole discretion of the Architects / Owner. The schedule of probable
quantities may vary considerably on the higher or lower side. Each item of work is entered in a
separate column. All items should be totaled in order to show the aggregate value of the entire
tender. Variation in quantities shall not be deemed to be a breach of contract by the
Owner/Architect.
11. ALL INCLUSIVE RATES
The contractor's rate must be firm and shall include the cost of transportation of material to the
site, all taxes such as Sales tax,-Excise duty, Octroi, Works contract tax, ESI / PF and any
other statutory levy etc., and the fixing or placing in position for which the item of work is
intended to be operated. The rates quoted by the contractor shall remain firm throughout the
contract period and there shall be no upward revision of the rates -quoted by the contractor for
any reason whatsoever. It should be clearly understood that any claims for extra Sales tax,
Excise duty, Octroi and any other statutory levy taxes etc. shall not be entertained in any case
whatsoever.
12. INTERPRETING SPECIFICATIONS
In interpreting the specifications, the following order of decreasing importance shall be
followed:
Drawings, Technical Specifications.
Schedule of Quantities with detailed specifications.
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Matters not covered by the specifications given in the contract as a whole shall be covered by
the relevant Indian Standard Codes. If such codes on a particular subject have not been
framed, the decision of the Architect shall be final.
13. No alterations, amendments or modifications shall be made by the tenderer in the Notice
Inviting Tenders, Instructions to the Contractors, Contract Form, and Conditions of the
Contract, Drawings and Specification and if any such alterations are made or any special
conditions attached, the tender is liable to be rejected without reference to the tenderer.
14. The acceptance of a tender shall rest with the Owner or its authorized representative who
does not bind itself to accept the lowest tender and reserves to itself the right to reject any or
all the tenders received without assigning any reason(s) whatsoever. Non acceptance of any
tender shall not make the Owner liable for compensation or damages.
15. The Owner or its authorized representative reserves the right of accepting the whole or any
part of the tenders received and the tenderer shall be bound to perform the same at the rates
quoted. The Owner reserves the right to supply materials and recover the amount therefore
from the running bills of the Contractor.
16. The work shall be carried out under the direction and supervision of the Architect/Owner or
their representative at site. On acceptance of the tender, the contractor shall intimate the
name of his accredited representative who would be supervising the work / construction and
would be responsible for taking instructions for carrying out the work. All commitments made
by such representative shall be binding upon the contractor; such representative shall be
deemed to be the duly authorized representative of the contractor.
17. The Architects / Owner's decision with regard to the quality of the material & workmanship will
be final and binding. Any material rejected by the Architect/Owner shall be immediately
removed by the contractor and replaced by material of acceptable and specified quality and
standards.
18. SUB-LETTING:
No part of the contract shall be sub-let without the written permission of the Architect and the
Owner nor shall transfers be made by the Power of Attorney authorizing others to carry out
the work or receive payment on behalf of the tenderer.
19. DEFECTS LIABILITY PERIOD:
Any defect developed within Defect Liability period of TWELVE MONTHS will have to rectified
by the contractor at their own cost and in case and the defects are not rectified by the
contractor, Architect/Owner or their representative shall get the work done at the risk and cost
of the contractor.
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20. CERTIFICATE OF VIRTUAL COMPLETION:
The work shall be considered as completed until the Architect have issued in writing the
`CERTIFICATE OF VIRTUAL COMPLETION `stating that the work has been virtually
completed and the `DEFECTS LIABILITY PERIOD' shall commence from such certified date
of virtual completion.
21. DELAYS IN COMMENCEMENT:
The contractor shall not be entitled to any compensation for any loss suffered by him on,
account of delays in commencing or executing the work, whatever the cause for such delays
may be including delays in procuring Government controlled or other materials.
22. OCCUPATION IN PART:
If the Owner notifies his intention to occupy any part of the buildings the contractor shall
complete all work in such areas in consultation with the Owner to enable the Owner to occupy
the same and none of the clauses of this agreement shall be deemed to have been varied or
altered.
23. The Contractor should inspect the source of material, its quality, quantity and availability. The
material must strictly comply with the relevant specifications attached, failing which the
contractor shall be liable for all consequences and liabilities arising there from.
24. The contractor must co-operate and co-ordinate with other contractors involved in other works
on the site. The contractor should also note that they shall have to dear the site of vegetation,
debris etc., before the commencement of the work and that no extra payment is permissible
on this account. All work connected with preparation of site for construction shall be the
responsibility of the contractor and no additional payment therefore shall be made by the
Owner.
25. PERIOD OF CONSTRUCTION:
Time is deemed to be the essence of this contract. The construction period shall be 24 weeks
commencement of the work shall be within 10 DAY on receipt of work order. The contractor
shall draw a detailed schedule of program in the form of BAR/PERT CHART of the whole
work, within three weeks of the award of work and submit to the owner for their approval.
26. LIQUIDATED DAMAGES:
Any delay, reckoned on the basis of the BAR/PERT CHART shall attract a penalty of 0.5% of
Total Value of works for every week delay up to a maximum of 7.5% contract sum. The
decision of the Architect/ Owner on this subject shall be final and binding on all other parties to
this contract.
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27. CONTRACTOR'S STORE. SITE OFFICES & OTHER FACILITIES:
Suitable area near the site of work shall be allowed to the contractor free of cost for storing his
tools and plants, materials and for his site office and cement godown and other facilities.
Water tank for the purpose of construction, site offices and watchman's shed shall be built by
the contractor at the contractor's cost. Water tanks constructed for the purpose of construction
should be of such dimensions as to provide storage for at least two day's consumption. Site
offices shall be of such dimensions to accommodate contractors own office and a separate
office for Engineer appointed by Owner/Architects. A separate sanitary facility shall be
provided and maintained for Engineers and workers. The same shaft be cleared after
construction period. The contractor shall remove all the temporary constructions constructed
by him at site for the purpose of completing the
Work after the work is over. Contractor to ensure no construction material is stored outside the
site on footpath and road causing hindrance to public.
28. MOVEMENT OF VEHICLES:
Contractor has to obtain permission from the police for movement of vehicles supplying
materials to site Including cement and steel Lorries.
29. MEASUREMENT AND BILLING:
Wherever mode of measurement is specified, the measurement will be taken at site as per the
latest IS code of practice for measurement.
The Contractor or his representative shall accompany the Owner/Architects or their
representative in taking / checking measurements. Ail necessary tapes shall be of steel and
shall be supplied by the contractor. The contractor shall then present his bill based upon the
agreed and recorded measurements and as per the directions of the Architects. if the
contractor falls to accompany the Architects for measurements, then he shall be bound by the
measurements taken by the Architects/Owners representative.
The contractor shall rise big once in a month or for a Minimum Payment of Rupees 5 LAKHS.
Payment towards all Interim bills wig is made by the owner within the time limit specified the
summary of Notice Inviting Tender.
Period of final measurement shall be TWENTY DAYS from the time of completion of the
project.
30. EXTRA ITEMS:
Rates for authorized extra items or additional, altered or substituted work as may be ordered
shall be determined by the Architect/Owner as follows:
a) Cost of materials supplied by the contractor, at prevailing market rates, actually
incorporated in the work.
b) Cost of labour actually used at site on the works at prevailing rates of labour.
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c) Cost allocation toward the work for the use of any plant and machinery at site, on
actual basis.
d) 20% of the actual costs in respect of (a), (b), and (c) above, towards contractor's
establishment, sales tax on works contract, water & power including Charges and all
other costs and overhead & profit
31. WATER AND ELECTRICITY:
Water supply and electricity to the site at one convenient point will be made by the contractor.
The contractor should make his own arrangements in case supplementary supply points are
required for water and electricity. The consumption charges from the day of connection till
handing over the premises to the owner shall be borne by the contractor. Power used for
pumping water from bore well shall be metered and paid for by the contractor.
32. BASIC RATES FOR MATERIALS:
The basic rates of materials delivered at site for working out the rates shall be the following:
a) Cement- 53 Grade Rs. 325/- per Bag. b) MS/Tor ReinforceM.gnt steel. Rs. 32000/- per M T c) Ceramic Tiles Rs. 35/- per SFT d) Glazed Tiles Rs. 35/- per SFT e) Blue Tandoor stone slabs 20mm
Thick Pre-polished Rs. 40/- per SFT f) Granite slab Rs.140/- per SFT g) Teak Wood Rs. 1950/- per CFT h) Sal wood Rs. 700/- per CFT m) Kota stone slabs Rs. 35/- per SFT
Reconciliation of all materials supplied by the owner will be done by the Architect upon presentation
of Running Bill/Final bill by the Contractor.
In the event of the owner agreeing to supply materials, the contractor shall intimate in writing the total
quantity of materials required and shall indent the same to the Owner well in advance. The owner
there upon shall procure such quantities of materials indented and issue the same to the Contractor.
The Contractor shall be responsible from thereon for storage and use of the total quantity of such
materials supplied. Loss if any shall be to the contractor's account.
WASTAGES:
The Material consumed in the works computed from the quantities certified in the bill and issued will
be reconciled. In arriving at the final quantity, wastages as determined below up to the following
percentage over theoretical computed consumptions shall be allowed and the Architects/Owner
decision shall be final and binding.
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FOR CEMENT, REINFORCEMENT AND STRUCTURAL STEEL:
Cement : 3%
Reinforcement steel bars
(Plain & De-formed) : 3% (1 % unaccountable &
2% accountable)
Structural steel - all types : 3% (1% unaccountable &
25 accountable
In reckoning wastage, cut lengths of the following sizes or less as stated below shall be counted as
wastage:
Reinforcement Bars : 1.0 meter length
MS Structural : 1.0 meter length
MS plates & GI sheets : 1.0 sq. meter (with less dimension of 200 mm)
All cut lengths of larger size shall be reckoned as prime material and for which the contractor will be
given full credit at issue rates. All other pieces will be considered as wastage/scrap.
The Contractor shall return all scrap/serviceable/unused material to the owner's storage points that
may be identified and specified by the owner.
Consumption of cement will be assessed based on CPWD constants unless otherwise specified.
Any unused quantity of cement and steel not returned and wastage/ consumption beyond
specified/agreed limits,, shall be recovered from the contractor at the prevailing market rate or issue
rate, whichever is higher, + 15% towards handling, duties etc.,
FOR FLOORING MATERIALS:
Wastages up to 2% shall be allowed. The contractor shall return all scrap/ serviceable / unused
materials, to the owners
storage, points. Any unused quantity of supplied materials not returned and
wastage/consumption beyond the specified limit of 2% shall be recovered from contractor at 1.5 times
of supplied rates.
33. COMMENCEMENT CERTIFICATE, NO OBJECTION CERTIFICATE AND OCCUPATION
CERTIFICATE:
Commencement certificate, No Objection Certificate and Occupation Certificate if applicable will be
handled by the Owner. Approvals for temporary power connection will have to be handled by the
contractor, Official Statutory payments will be reimbursed by the owner upon receipt of invoices and
clearance from the Authorities.
Refusal by statutory authorities to issue completion/ occupation certificate due to the contractor's
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failure to construct the building in accordance with the sanctioned plans and I or specifications shall
render the contractor liable for damages and in addition, render him liable to obtain such certificates
at his cost.
34. This notice inviting tenders will form part of the tender document and the agreement executed
by the successful tenderer.
I/We hereby declare that I/We have read and understood the above instructions and the terms and
conditions mentioned above are binding on me/us.
SIGNATURE OF THE TENDERER
PLACE:
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CONSTRUCTION CONTRACT
This CONTRACT is made on the ____________________ 2013 between
___________________ having its office __________________________ (hereinafter
referred to as "Owner" which expression shall unless repugnant to the context or meaning
hereof be deemed to mean and include its successors and assignees) of the one part AND
hereinafter called "The contractor (which expression shall, wherever the context so demands
or requires, include his/their legal successor and assignee) of the other part.
WHEREAS
The Owner is desirous of being provided and having executed certain works relating to Civil
works mentioned, or referred to in the Tender Documents including General Conditions of
Contract, Special conditions of contract and Annexure, specifications, Drawings, Schedule of
Rates, various Minutes of Meetings and other documents as called for in the tender.
The Contractor has inspected the site and surroundings of the work site specified in the
tender documents and has satisfied himself by careful examination before submitting the
tender as to the nature of the surface, strata, soil, sub- soil and ground, the nature of the
site, local conditions, the quantities, nature and magnitude of the works, availability of labour
and materials necessary for the execution of work, the means of access to site, the supply of
power and water thereto and the accommodation he may require and has made local and
independent enquiries and obtained complete information as to the matters and things
referred to, or implied in the Tender Document or having any connection therewith, and has
considered the nature and extent of all probable and possible situations, delays, hindrances
or interferences to or with the execution and completion of the works to be carried out under
the Contract and has examined and considered all other matters, conditions and things and
probable and possible contingencies, and generally all matters incidental thereto and
auxiliary thereof affecting the execution and completion of the works and which might have
influenced him in making his bid..
NOW THIS CONTRACT WITNESS AND IT IS HEREBY AGREED AND DECLARED BY
AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
1) In consideration of the payment to be made to the contractor for the work to be
executed by him, the contractor hereby covenants with the Owner that the contractor
shall and will duly provide, execute and complete the works and shall do and perform
all other acts and things in the contract, mentioned or described or which are to be
implied there from or may be reasonably necessary for the completion of the works
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and at the times and in the manner and subject to the terms and conditions or
stipulations mentioned in the contract.
2) In consideration of the due provisions, execution and completion of the work, the
Owner does hereby agree to pay the contractor the contract sum in proportion to the
work actually done by him and approved by the Architect, such payment to be made
at such- time and in such manner as provided for in the General and special
conditions of the contract.
3) The following documents shall be deemed to form and be read and constructed as
part of this contract in the following order of precedence:
a) This contract
b) The letter of intent dated __________ 2013 and ________2013 containing various
references (Annexure A)
c) List of Drawings and tender Addendums (Annexure B) (M/s. ___ dated ________2013)
d) The various minutes of meetings and tender correspondence(Annexure C)
e) General Conditions of Contract
f) Special conditions of contract.
g) Civil Works Technical Specifications.
h) Priced Bill of Quantities with Detailed Specifications.
In this contract words and expressions shall have the same meaning as are respectively
assigned to them in the General and special conditions of contract.
The contractor hereby agrees to commence the work on ___________ 2013 and shall
complete the entire works within ________ months thereafter that is by ____________ 2013
The Owner has accepted _the tender of the tenderer for the provision and the execution of
the said works for the contract sum upon the terms and subject to the conditions of contract.
IN WITNESS WHEREOF the parti6s present have executed these on the day and the year
first above written.
Signed and Delivered Signed and Delivered
For and on behalf of for and on behalf of
OWNER CONTRACTOR
DATE: DATE:
PLACE: PLACE:
IN PRESENCE OF TWO WITNESSES
1. 1.
2. 2.
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TENDER FORM
To,
Senior Manager
A&S Department
Bank of India,
Bank of India Building
Zonal Office
Bangalore-560 009
Dear Sirs,
SUB:
TENDER FOR PROJECT: PROPOSED RENOVATION OF EXISTING ZONAL
OFFICE BUILDING AT K.G.ROAD, BANGALORE -560 009.
With reference to the tender invited by you for the above proposed work. I/We write this after
having:
a) Examined the designs, drawings, technical specifications, detailed specifications to
tender, agreement. The general conditions of contract and special conditions of
contract annexed thereto (hereinafter called the contract Documents) relating to
construction.
b) Visited and examined the site of the proposed work and acquired the requisite
information relating to or affecting the tender.
I/we undersigned hereby offer to construct the proposed work in strict accordance with the
contract document for the consideration to be calculated in terms of the priced schedule of
quantities.
I/We undertake to complete the whole of the works as per the attached schedule from the
date of issue of intimation by you that our tender has been accepted and upon being
permitted to enter site. I/we further undertake that no failure, subject to the conditions of the
contract relating to extension of time. I/We shall pay agreed 'Liquidated Damages' for the
period during which the work shall remain incomplete.
I/We hereby deposit with you as Earnest money Rs.9,000/- (Rupees Nine Thousand Only
[carrying no interest] and I/We agree that this sum shall be forfeited in the event of the owner
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accepting m /our tender and I/We fail to take up the contract when called upon to do so.
I/We further agree to the deduction of 8% from the Interim payment towards the Retention
Money which will be returned as per the relevant clauses in the agreement.
I/We will furnish the performance bond as per the clause 6b of Notice Inviting Tender.
OUR BANKERS ARE
1)
2)
SIGNATURE OF TENDERER
NAME OF THE PARTNERS OF THE FIRM
OR
NAME OF THE PERSON HAVING
POWER OF ATTORNEY TO SIGN THE CONTRACT
PLACE:
DAT
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CONDITIONS OF CONTRACT
1. DEFINITIONS:
The following terms shall have the meaning hereby assigned to them except where the
context otherwise requires:
(a) OWNER /EMPLOYER:
Means Bank of India, Zonal Office, K.G Road, Bangalore -560 009 India
(b) ARCHITECTS:
Architects shall mean M/s.KANAMADI AND ASSOCIATES Architects having its registered
office at 58, First floor, 11th cross, Vyalikaval, Malleshwaram, Bangalore-56003.
(c) CONSULTANT:
Shall mean the person or persons practicing as such and duly appointed by the
Employer/Architects to act as CONSULTANT for the works under a separate Agreement
setting out the consultant(s) responsibilities and terms.
(d) CONTRACTOR:
Shall mean the unsuccessful tenderer to whom the contract has been awarded.
(e) SUB-CONTRACTOR:
Shall mean the person named in the contract for any part of the work or any person to whom
any part of the contract has been sublet with consent in writing by the Architect and the legal
representatives, successors and assigns of such person.
(f) CONTRACT:
Shall mean and include the following:
Notice inviting tender, tender form, General conditions of contract, General specifications,
Technical specifications, Schedule of quantities with detailed specifications, Drawings work
order and/or any other correspondences of negotiations.
(g) SITE:
The site shall mean the location at K.G Road, Bangalore, INDIA
(h) WORK:
Of the contractor shall mean and include materials or labour or both.
(i) CONTRACT PRICE:
Shall mean the sums referred to in the formal agreement, if any or the work order.
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2. ASSIGNMENT AND SUB-CONTRACTING:
2.1 ASSIGNMENT:
The contractor shall not assign the contract or any part thereof or any benefit or interest
therein or there under without the written permission of the Architects.
2.2 SUB-CONTRACTING:
The contractor shall not sub-contract the whole of the contract. The contractor shall not sub-
contract any part of the works without the written consent of the Architects and such
consent, if given shall not relieve the contractor from any liability or obligation under the
contract and the contractor shall be responsible for the acts, defaults & neglects of the sub-
contractor, his agents, employees or workmen as fully as if they were the acts, defaults or
neglects of the contractor or his agents, servants, or workmen.
3. DRAWINGS
3.1 ISSUE OF DRAWINGS
Drawings approved for construction will be issued to the contractor progressively during the
contract period and the contractor shall arrange for the execution of the works and the
procurement of materials accordingly. The contractor shall give adequate notice in-writing to
the Architects or his representative of any further drawings or specifications that may be
required for the execution of the works or otherwise under the contract.
3.2 COPIES OF DRAWINGS TO BE KEPT AT SITE
Two Copies of the drawings furnished to the contractor as aforesaid shall be kept at the site
and the, same shall at all reasonable times be available for inspection and use by the
Architect or his representative and by any other person authorized by the Architect in writing.
The contractor may request for additional copies on payment of Rs. 25.00 per
The Architect shall have full power and authority to supply to the contractor from time to time
through his representative, during the progress of the works such further drawings and
instructions as shall be necessary for the purpose of proper and adequate execution and
maintenance of the works and the contractor shall carryout and be bound by the same.
3.4 OWNERSHIP OF DRAWINGS
All drawings supplied to the contractor are deemed to be the property of the Architects. The
contractor agrees both on behalf of himself & his employees, & sub-contractors, whether
during or after completion of the contract not to divulge or use, except, for the purpose of this
contract, any information contained in the drawings.
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3.5 EXECUTION AS PER DRAWINGS
The contractor must not vary or deviate from the drawings in any respect while executing the
work or executing any extra work of any kind whatsoever unless authorized by the
Employer/Architect.
3.6 PLANS AND DRAWINGS TO BE SUBMITTED BY THE CONTRACTOR
The contractor shall submit the following information in triplicate to Architects for approval
within the time stipulated each item below
a) A general tentative layout plan of construction plant and equipments for the execution
of work within 7 Days from the date of receipt of work order.
b) Drawings or prints showing the. location of major' plants and other facilities which he
proposes to put up at the site, including any changes in the general layout, at least 7
Days prior to the commencement of the respective work.
c) Layout & details of temporary works that the contractor wants to carry out to fulfill his
obligation under the contract.
d) Within three weeks upon award of contract the Contractor shall submit to the
Architect's for approval a detailed consolidated services co-ordination plan(s) showing
the various services including false ceiling layout, HVAC, PHE, Fire, Process piping
lines, Electrical lines, Structural layout etc., on AutoCAD format. The above drawings
shall be based on the design documents prepared by the Architects and Consultants.
Within 15 Days the Architects will give their approval / comments sufficient to proceed
with the work or objections/instructions to the contractor based on which. The drawings
shall be revised and submitted again for approval by the contractor.
All these plans and drawings submitted by the contractor and approved by the
Architects shall become part of the contract.
3.7 ROYALTIES AND PATENT RIGHTS
All royalties or other sums payable in respect of the supply and use in carrying out the work
as desired by or referred to in the schedule of quantities of any patented articles, process or
inventions shall be deemed to have been included in the contract sum and the contractor
shall indemnify the Employer from and against all crimes, proceedings, damages, costs and
expenses which maybe put by reason of the contractor infringing or being held to have
infringed any patent rights in relation to any such articles, process and inventions.
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4. GENERAL OBLIGATIONS
4.1 INSPECTION OF SITE ETC., BEFORE SUBMISSION OF TENDER
The contractor shall inspect and examine the site and its surroundings, and shall satisfy
himself before submitting his tender, as to the nature of the ground, form and nature of the
site, the quantities and nature of work and materials required for the completion of the works,
the means of access to the site, the local labour conditions, the accommodation he may
require and in general shall obtain all necessary information as to the risks, contingencies
and other circumstances which may influence or affect his tender.
4.2 SUFFICIENCY OF TENDER
The contractor shall be deemed to have satisfied himself before tendering as to the
correctness and sufficiency of his tender for the works and of the rates and prices stated in
the priced bill of quantities and the schedule of rates and prices, if any, with tender rates and
price shall cover all obligations under the contract and all matters 'and things necessary for
the proper completion and maintenance of the work.
4.3 CLARIFICATION BEFORE SUBMITTING TENDERS
Should the contractor notice any discrepancy or error in the statement made, or quantities or
units shown against items, he shall immediately bring to the notice of the
employer/Architects and obtain the clarification before submitting the tender. The tender
shall be based on such clarifications received and shall be recorded as such in the Covering
letter to the tender, failing which the Employer/Architect shall have, the right to ask the
contractor to execute the work according to the statement made or quantities or units shown
in the tender, without any compensation.
4.4 RATES QUOTED FOR FINISHED WORK
The rates quoted in the tender by the contractor rust be for the finished work as per the
drawings and specifications.
4.5 LOCATION OF WORK
Unless specifically mentioned in the item, the work described therein may be at any location
or elevation.
4.6 TENDERS OPEN FOR
The tender shall remain open for acceptance for period of One Twenty Days from the date of
submission of the tender.
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4.7 COMMENCEMENT OF WORK
The contractor shall commence the work at site, within 10 Days of issue of formal work order
& handing over of the site or being advised by the Employer unless otherwise specified, and
shall proceed with the same with due expedition.
4.8 PROGRAMME OF WORK
Soon after the award of contract, the contractor shall submit to the Architect for his approval
a program to match with the planned completion of the whole job showing the order of
procedure and method in which he proposes to carry out the works and shall whenever
required by the Architect or Architect's representative furnish further detailed program &
particulars in writing of the contractor's arrangements for carrying out the works & of the
constructional plant & temporary works which the contractor intends to supply, use or
construct as the case may be. The submission to and approval, if any, by the Architect or his
representative of such programs or particulars shall not relieve the contractor of any of his
duties or responsibilities under the contract.
4.9 CONTRACTOR'S EMPLOYEES:
The contractor shall provide and employ at site in connection with the execution and
maintenance works.
a) Only such technical assistance as are skilled and experienced in their respective
fields and such subagents, foreman and leading hands as are competent to give proper
supervision to the work they are required to supervise and,
b) Such skilled. Semi-skilled and un-skilled labour as is necessary for the proper and
timely execution and maintenance of works.
4.10 REMOVAL OF WORKMEN:
The Architect/Employer shall be at liberty to object to and required the contractor to remove
forthwith from the works any person employed by the contractor in or about the execution or
maintenance of the works who in the opinion of the Architect misconduct's himself or is
incompetent or negligent in the proper performance of his duties or whose employment is
otherwise considered by the Architect to be undesirable and such person shall be replaced
by them. Contractor without delay by a competent substitute approved by. The Employer /
Architect.
4.11 COMMUNICATIONS TO BE IN WRITING
All references, communications, correspondences made by the Employer, the Architects, the
Architect's representative or the contractor concerning the works shall be in writing and no
reference, communication, or complaint which is not in writing, shall be recognized.
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4.12 OCCUPATION AND USE OF LAND
No land, building belonging to or in the possession of the Employer shall be occupied by the
contractor. The contractor shall not use, or allow to be used, the site for any purpose other
than that for executing the works.
4.13 CONSTRUCTION OF SITE SHED
Any site shed, proposed to be temporarily constructed by the contractor for his office work,
storage of materials etc., shall conform to the standard sketch, or to the plan approved by
the Architect. Permission for the construction of such shed shall be obtained in writing.
4.14 MATERIALS, TOOLS AND PLANT
All materials required for the execution of the works other than those mentioned in the Notice
Inviting Tender shall be supplied by the contractor. Materials so supplied shall have the
approval of the Architect before using on the works. All the rejected materials shall be
removed at once from the site of work at the contractor's -own cost.
4.15 TOLLAGES ETC.
The contractor shall pay all tollages and other royalties, rent and other payments or
compensations, if any for getting stone, gravel, sand, clay and all other materials required for
the works.
4.16 SETTING OUT
The contractor shall be responsible for the true and proper setting out of the works and for
the correctness of the positions, levels, dimensions and alignment of all parts of the works
and for the provision of all necessary instruments, appliances and labour in connection
therewith. If at any time during the progress of the works any error shall appear or arise in
the position, level, dimensions or alignment of any part of the works, the contractor on being
required to do so by the Architects or Architect's representative, shall at his own cost rectify
such error to the satisfaction of the Architect or his representative. The checking of any
setting out or of any line or level by the Architect or his representative shall not in any way
relieve the contractor of his responsibility for the correctness thereof. The contractor shall
provide all necessary instruments, appliances and labour required by the Architect or his
representative for checking, if any, of the setting out. The contractor shall carefully protect
and preserve all bench marks, site levels, pegs and other things used in setting out the
works. The rates quoted for the work shall also include the cost of reference and level pillars
and their dismantling, when no longer required.
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4.17 DAMAGE TO PERSONS AND PROPERTY
The contractor shall indemnify and keep indemnified the Employer against all losses and
claims for injuries or damages to any person or property whatsoever which may arise out of
or in consequence of the construction and maintenance of works and against all claims,
demands, proceedings, damages, costs, charges, expenses, whatsoever in respect thereof
in relation thereto.
4.18 CO-OPERATION WITH OTHER AGENCIES:
The contractor shall co-operate with -the work of other agencies or contractors that may be
employed or engaged by the employee and as far as it relates to the contractor's work. The
sequence of work shall be so arranged that the works of other agencies are also in progress
simultaneously.
4.185 INSURANCE POLICIES
The Contractor shall be responsible for all injury or damage to persons, animals or things
and for all damage to property, which may arise from any factor / omission on the part of the
Contractor or any Sub-Contractors or any nominated Sub-Contractor or any of their
employees. The liability under this clause shall cover also, inter-alia any damage to
structures, whether immediately adjacent to the works or otherwise, any damage to roads,
streets, footpaths, bridges as well as damage caused to the building and other structures
and works forming the subject matter of this contract. The Contractor shall also be
responsible for any damage caused to the buildings and other structures and works forming
the subject matter of this contract due to rain, wind, fire, flood or high tide or other
inclemency of weather. The Contractor shall indemnify and keep indemnified the Employer
and hold him harmless in respect of all and any loss and expenses arising from any such
injury or damage to persons or property as aforesaid and also against any claim made in
respect of injury or damage, whether under any statute or otherwise and also in respect of
any award or compensation or damage consequent upon such claims. The Contractor shall,
at his own expense, effect and maintain till issue of the virtual completion certificate under
this contract, with an insurance company approved by the Employer, an All Risks Policy
(CAR Policy) for Insurance for an amount equal to 125% of Contract value including
earthquake risk in the joint names of the employer and the contractor (the name of the
former being placed first in the policy) against all risk as per the standard all risk policy for
Contractors and deposit such policy or policies with the employer before commencing the
works.
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The Contractor shall reinstate all damage of every sort mentioned in this clause so as to do
delivery of the whole of the works complete and perfect in every respect and so as to make
good or otherwise satisfy all claims for damage to property or third parties.
The Contractor shall also indemnify and keep indemnified the Employer against all claims
which may be made against the Employer by any person in respect of anything which may
arise in respect of the works or in consequence thereof and shall at his own expense, effect
and maintain until the virtual completion of the contract, with an Insurance Company approved
by the employer a third party insurance policy in the joint names of the Employer and the con-
tractor (name of the former being placed first in the policy) against such risks and deposit such
policy or policies before commencement of the works. The minimum limit of the coverage
under the policy shall be Rs.5.00 lacs per person for any one accident or occurrence and
Rs.20.00 lacs in respect of damage to property for any one accident or occurrence. The
Contractor shall also indemnify the employer against all claims which may be made upon the
Employer, whether under the Workmen's Compensation Act or any other statute in force,
during the currency of this contract or at Common Law in respect of any employee of the
Contractor or of sub-contractor and shall be at his own expense effect and maintain until the
virtual completion of the contract, with an Insurance Company, approved by the Employer, a
policy of Insurance against such risks and deposit such policy or policies with the Employer
from time to time during the currency of this contract.
In default of the contractor, insuring as provided above, the employer may so insure and may
deduct the premiums paid from any money due or which may become due to the contractor.
The contractor shall be responsible for any liability which may not be covered by the Insurance
Policies referred to above and also for all other damages to any person, animal or defective
carrying out of this contract, whatever, may be the reasons due to which the damage shall
have been caused.
The contractor shall also indemnify and keep indemnified the Employer against all and any
costs, charges or expenses arising out of any claim or proceedings relating to the works and
also in respect of any award of damage or compensation arising there from.
Without prejudice to the other rights of the employer against contractors in respect of such
default, the employer shall be entitled to deduct from any sums payable to the contractor the
amount of any damages, compensation costs, charges & other expenses paid by the
employer and which are payable by the contractor under this clause.
The Contractor shall upon settlement by the Insurer of any claim made against the insurer
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pursuant to a policy taken under this clause, proceed with due diligence to rebuild or repair the
works destroyed or damaged. In this event all the monies received from the Insurer in respect
of such damage shall be paid to the Contractor and the Contractor shall not be entitled to any
further payment in respect of the expenditure incurred for rebuilding or repairing of the
materials or goods destroyed or damaged.
The Contractor, in case of re-building or reinstatement after damage shall be entitled to such
extension of time for completion as the Architect may deem fit, but shall, however, not be
entitled to reimbursement by the employer of any shortfall or deficiency in the amount finally
paid by the insurer in settlement of any claim arising as set out herein.
Without prejudice to his liability under this clause, the contractor shall also cause all nominated
sub-contractors to effect, for their respective portions of the works, similar policies of insurance
in accordance with the provisions of this clause and shall produce or cause to produce to the
employer such policies. The contractor shall not permit a nominated sub-contractor to
commence work at the site unless the said insurance policies are submitted. In the event of
failure of the sub-contractor to take out such a policy of insurance before commencing the
works at the site, the contractor shall be responsible for any claim or damage attributable to
the said sub- contractor.
4.19 BARRICADING AROUND EXCAVATED TRENCHES ETC:
The contractor shall at his own cost provide around excavation temporary barricading with
bellies and bamboos with warning signals during day and night and shall maintain it so long
as the: trenches are not filled up. Similar barricades - shall also be provided at all
dismantling work, erection of structural, sheeting work etc. No extra claim shall be
entertained for providing, maintaining and removing such barricades.
4.20 FABRICATION DRAWINGS
Contractor shall prepare at his own cost all fabrication drawings of all structural steel works
and submit them to the architects for their approval at least before 15 days of commencing
the fabrication. All the details like sizes, capacities, dimensions, arrangement of fabrication
etc., should be clearly indicated on these drawings.
4.21 PROTECTION OF UNDERGROUND SERVICES
The contractor must take precautionary measures to protect the underground and other
services lines, viz. cables, water & sewer lines, etc., & observe any specific instructions
which may be given in this regard by the Architect.
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4.22 DE-WATERING TRENCHES AND PITS
The tendered rates shall always be deemed to have taken into account the cost of removal
of silt and materials that may slip in the trenches and pits and dewatering the trenches or pits
of water accumulated or collected through seepage or subsoil water or rain water. The
contractor shall in no case be entitled to claim any extra amount for the above work. The
contractor shall remain prepared with necessary pumps and equipment for dewatering the
trenches or pits so as to avoid unnecessary delay & possible damage to the property etc.
4.23 WORK IN OR AROUND OPERATING PLANT OR OFFICES ETC:
Where the work is being carried out in or around an operating plant where the plant must run
uninterrupted, the contractor shall work only at specified places and times as mutually
arranged between the contractor and the Architect/Employer. Similar arrangement must be
made while executing works inside the offices, buildings, etc., without causing disturbance to
the office work. For this the' work may be required to be done during off-hours and Sundays.
No extra will be allowed beyond the, rates quoted for doing work in the manner described
above.
4.24 WORK IN SHIFTS AND OFF-DAYS:
The contractor shall work in one or more shifts as also on Sundays & off days to complete
the work in time, if so required by the Architect for which the Employer shall not be liable to
pay any extra. If instructed by the Architects, the contractor should carry out the work in night
also.
4.25 Contractor to liaison with local authorities including police for smooth
and safe movement of public and staff of the bank.
4.25 SITE ORDER BOOK:
A site order book must be maintained and always be available at site to record the
instructions by the Architects or his representative. The contractor must see that the
instructions noted therein are properly carried out.
4.26 DELAY IN OBTAINING MATERIALS SUPPLIED EY THE EMPLOYER:
If, the Employer has undertaken to supply any material specified in the special conditions at
rates and conditions cited therein, the contractor shall keep himself in touch with day-today
position regarding the supply of materials from the Employer and so adjust the progress of
the works that labour may not remain idle nor there by any other claim due to or arising from
delay in obtaining the materials.
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4.27 RECORD OF MATERIALS SUPPLIED BY THE EMPLOYER:
The contractor shall maintain an account of different materials obtained from the Employer
for executing the works under the contract. The Architect shall have the right to check the
position of materials at all times.
4.28 SAFE STORAGE OF MATERIALS:
The contractor shall be responsible for the safe storage of materials supplied by the
Employer for execution of the works. Surplus materials or materials lost or damaged or
unaccounted for or made unserviceable by the contractor shall be charged at twice the
prevailing market price.
4.29 MATERIALS SUPPLIED BY THE EMPLOYER
All those materials that are to be supplied by the Employer shall be supplied at the site of
work.
4.30 SITE TO. BE KEPT CLEAR
The surplus spoil and dismantled debris shall be removed to a place as directed by the
Architect and stacked, leveled and dressed as directed.
5. LABOUR:
5.1 LABOUR RULES:
In respect of all labour directly or indirectly employed on the works by the contractor, the
contractor shall comply with the provisions of the contract labour (Regulation and Abolition)
Act 1970, Minimum Wages Act 1948, Payment of Wages Act 1936 and any amendments
thereof and all legislation's and rules of the state and/or Central Government or other local
authorities, framed from time to time, governing the protection of health, sanitary
arrangements, wages, welfare and safety for labour employed on building and construction
works and for bonus, retirement benefits, retrenchment/lay off, compensation & all other
matters involving liabilities of employers to employees. The rules & the other statutory
obligations regarding fair wages, welfare & safety measures, maintenance of register etc.,
will be deemed to be part of the contract.
5.2 REPORTING ACCIDENT OF LABOUR:
The contractor shall be responsible for the safety of all employees and/or workers employed
or engaged by him on & in connection with the works and shall forthwith report all cases of
accidents to any of them, however caused & whenever occurring, to the Architect or his
representative & shall make every arrangement to render all possible assistance & aid to the
victims of the. Accident.
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5.3 PROVISIONS OF WORKMEN'S COMPENSATION ACT
The contractor shall at all times indemnify and keep indemnified the Employer against all
claims for compensation under the provisions of the Workmen's Compensation Act 1923 or
any other law for the time being in force by or In respect of any workmen employed by the
contractor in carrying out the contract and against all Cost and expenses or penalties
'incurred by. the Employer in connection therewith. In every case in which, by virtue of the
provision of the said Act, the Employer is obliged to pay compensation to a workmen
employed by the contractor in executing the works the Employer shall recover from the
contractor the amount of the compensation so paid and without prejudice to the rights of the
Employer under the said Act. The Employer shall be at liberty to recover such amount or any
part thereof by deducting it from the security deposit or from any amount due by tie
Employer to the contractor, whether under this contract or otherwise without prejudice tc any
other remedy that may be available to the Employer in law. The Employer shall not be bound
to contest any claim made against it under the said Act, except on the written request of the
contractor and upon his giving to the Employer full security for all cost for which the
Employer might-become liable in consequence of contesting such claim.
5.4 ACCIDENT OR INJURY TO WORKMEN
The Employer shall not be liable for or in respect of any damages or compensation payable
at law in respect or in consequence of any accident or injury to any workmen or other person
in the employment of the contractor or his subcontractors, and the contractor shall indemnify
and keep indemnified the Employer against all such damages & compensation and against
all claims, demands, proceedings, costs, charges & expenses whatsoever in respect thereof
or in relation thereto.
5.5 PROVISIONS OF MINES ACT:
The contractor shall observe and perform all the Provisions of the Mines Act 1952 where
applicable or any statutory modifications thereof and shall indemnify and keep in the
indemnified the Employer from and against any claim under the said Act.
5.6 PRESERVATIONS OF PEACE:
The contractor shall take requisite precautions to prevent any riotous or unlawful behavior by
or amongst his workmen and/or others employed on the works by him, for the preservation
of peace & protection of the inhabitants & security of property in the neighborhood of the
works.
5.7 AGE LIMIT OF LABOUR
The age limit for employment of labour shall be in strict accordance with the existing labour
legislation.
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Kanamadi Associates
5.8 LABOUR EMPLOYED
The contractor, if required by the Architect, shall submit reports in detail in such form and
that such interval as the Architects may prescribe showing number of different classes of
labour employed on the works from time to time by the contractor.
5.9 OBSERVANCE BY SUB-CONTRACTOR
The contractor shall be, responsible for the observance of the provisions of aforesaid -
clauses by the sub-contractors employed by him in the execution of the contract.
6. SAFETY PROVISION
The contractors shall at his own expense, arrange for the safety provisions indicated or as
required by the Architects in respect of all labour directly or indirectly employed
for performance of the works and shall provide all facilities in connection therewith.
6.1 PROVISION OF FIRST AID BOX
The contractors shall at his cost provide and maintain at the site of works a standard aid box
as directed and approved by the Architects/Employer.
6.2 SCAFFOLD & LADDERS
Suitable scaffolds shall be provided for workmen for all work that cannot safely be done from
the ground or from solid construction except such short period work as can be done safely
from ladders. When a ladder is used, it shall be securely held in position. If the ladder is
used for carrying materials as well, suitable footholds & holds shall be provided on the ladder
& the ladder shall be given an' inclination not steeper than 1/4 to 1 (1/4 horizontal & 1
vertical).
Scaffolding or staging more than 3.25 meters above the ground or floor swing or suspended
from an overhead support or erected with stationery support, shall have a guard rail properly
attached, bolted, braced & otherwise secured at least 1 meter high above the floor or
platform of such scaffolding or staging & extending along the entire length of the outside &
ends thereof with only such openings as may be necessary for the delivery of materials.
Such scaffolding or staging shall be fastened as to prevent it from swaying from the building
or structure:
6.3 WORKING PLATFORMS
Working platform, gangways and stairways shall be so constructed that they do not sag
unduly or unequally, and if height of a platform on gangway or stairway is more than 3.25
meters above ground level or floor level, it shall be closely boarded, have adequate width
and be suitably fenced, as described in 6.2 above.
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Kanamadi Associates
6.4 OPENINGS IN FLOORS:
Every opening in floor of a building or in a working platform shall be provided with suitable
means to prevent fall of persons or materials by providing suitable fencing or railing with a
minimum height of 1 meter.
6.5 ACCESS TO WORKING PLACES
Safe means of access shall be provided to all working platforms and other working places.
Every ladder shill be securely fixed. No portable single ladder shall be over 9 meters in
length. Width between side rails in a rung ladder shall in no case be less than 30 cm for
ladders up to and including 3 meters in length for longer ladders this width shall be increased
by at least 6mm for each additional 30 cm of length. Uniform step spacing shall not exceed
30 cm.
Adequate precautions shall be taken to prevent danger from electrical equipment. No
materials on any of the 'sites shall be so stacked or placed as to cause danger or
inconvenience to any person or the public. The contractors shall provide all necessary
lancing and lights to protect public 'from accident and shall be bound to bear expenses of
defense of every suit, action, other proceedings at law that may be brought by any person
for injury sustained owing to neglect of the above precautions and to pay any damages and
costs which may be awarded in any such suit, action or proceedings to any such person or
which may with the consent of the contractors to be paid to compromise any claim by any
such person.
6.6 EXCAVATED TRENCHES & PITS:
Excavation and Trenching: All trenches, 1.5 meters or more in depth, shall at all times be
supplied with at least one ladder for each 30 meters in length or fraction thereof. Ladder
shall be extended from bottom of trench to at least. 1 meter above surface of the ground t
sides of a trench which is 1.5 mt or more in depth shall be stepped back to give suitable
slope, or securely held by timber bracing, so as to avoid the danger of sides collapsing.
Excavated materials shall not be placed within 1.5 mts of edge of trench of half of depth of
trench, whichever is more. Cutting shall be done from top to bottom. Under no
circumstances shall under mining or under cutting be done.
6.7 DEMOLITION
Before any demolition work is commenced and also during the process of the work
a) All roads and open areas adjacent to the work site shall either be closed or suitably
protected.
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b) No electric cable or apparatus which is liable to be a source of danger over a cable or
apparatus used by operator shall remain electrically charged.,
c) All practical steps shall be taken to prevent danger to persons employed, form risk of
fire or explosion, or flooring. No floor, roof or other part of a building shall be so
overloaded with debris or materials as to renter it unsafe.
6.8 SAFETY EQUIPMENT
All necessary personal safety equipment as considered adequate by the Architect/Employer
shall be available for use c` persons employed on the site and maintained in a condition
suitable for immediate use and the contractors shall take adequate steps to ensure proper
use of equipment by those concerned.
a) Worker employed in mixing asphalted material, cement and lime mortar/concrete shall
be provided with protective footwear, hand gloves and goggles.
b) Those engaged in handling materials, which is injurious to eyes shall be provided with
protective goggles.
c) Those engaged in welding works shall be provided with welder's protective eye
shields.
d) Stone breakers shall be provided with protective goggles and protective clothing and
seated at sufficiency safe intervals.
e) When workers are employed in sewei8 and manholes, which are in use, the
contractors shall ensure that manhole covers are opened and manholes are ventilated
at least for an hour before workers are allowed to get into them. Manholes so opened
shall be cordoned off with suitable railing and provided with warning signals or boards
to prevent accident to public.
f) The contractors shall not employ men and, women below the age of eighteen on the
work of painting with products containing lead in any form Whenever man above the
age of eighteen are employed on the work of lead painting the following precautions
shall be taken
g) No paint containing lead products shall be used except in the form of paste or ready
made paint.
h) Suitable face masks shall be supplied for use by workers when paint is applied in the
form of spray or a surface having lead paint dry rubbed and scrapped.
When work is done near any place where there is risk of drowning, all necessary equipment
shall be provided and kept ready for use & all necessary steps taken for prompt rescue of
any person in danger & adequate provision made for prompt first aid, treatment of all injuries
likely to be sustained during the course c. work.
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6.9 HOISTING MACHINES & TACKLES
Use of hoisting machines & tackle including their attachments, anchorage and supports shall
conform to the following
a) i) These be good mechanical construction, sound materials &
Adequate strength & free from patent defects & shall be kept in good repair & in good
working order.
ii) Every rope used in hoisting or lowering materials or as a means of suspension shall
be of durable quality, adequate strength and free from patent defects.
b) Every crane driver or hoisting appliance operator shall be properly qualified and no
person under the age of 21 years shall be in charge of any hoisting machine including any
scaffold winch or give signals to operator.
c) In case of every hoisting machine & of every chain ring hook, shackle, swivel & pulley
block used in' hoisting or lowering or as means of suspension, safe working lead shall be
ascertained by adequate means. Every hoisting machine and all gear referred to above shall
be plainly marked with safe working load. In case of a hoisting machine having a variable
safe working load, each safe working load and the conditions under which it is applicable
shall be clearly indicated. No part of any machine or of any gear referred to above in this
paragraph shall be loaded beyond safe working load except for the purpose of testing.
d) The contractors shall notify safe working-'load of each machine to the Engineer
whenever he brings it to site of work and get it verified by a competent authority.
Motors, gearing transmission, electric wiring & another dangerous parts of hoisting
appliances shall be provided with efficient safe guards, hoisting appliances shall be provided
with such means as will reduce to the minimum risk of accidental descent of load, adequate
precautions shall be taken to reduce to the minimum risk of any part of suspended load
becoming accidentally displaced. When workers are employed on electrical installations
which are already energized, insulating mats, wearing apparel such as gloves, sleeves and
boots, as may be necessary, shall be provided. Workers shall not wear any rings, watches
and carry keys or other materials that are good conductors of electricity.
All scaffolds, ladders & other' safety devices mentioned or described herein shall be
maintained in a safe condition & no scaffold, ladder or equipment shall be altered or
removed, while it is in use. Adequate washing facilities shall be provided at or near places of
work.
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These safety provisions shall be brought to the notice of all concerned by display on a notice
board at a prominent place at the work spot. Persons responsible for ensuring compliance
with the safety provisions shall be named therein by the contractors.
To ensure effective enforcement of the rules and regulations relating to safety precautions,
arrangements made by the contractors shall be open to inspection by the Architect or his
representative and the inspecting officers.
Notwithstanding the above provision the contractors are not exempted from the operations of
any other Act or rule in force.
7. MATERIAL TESTS AND WORKMANSHIP
7.1 QUALITY OF MATERIALS, WORKMANSHIP AND TESTS
All materials and workmanship shall be of the respective kinds described in the contract and
in accordance with the Architect/Employer or their representative's instructions and shall be
subjected, from time to time, to such tests as the Architect of his representative may direct at
the place of manufacture or fabrication or on the site or at all or any of such places. The
contractor shall provide such assistance instruments, machines, labour and materials, as are
normally required for examining, measuring and testing any work and the quality, weight or
quantity of any material used & shall supply samples of materials before incorporation in the
works for approval as may be required by Architect / Employer.
7.2 CONSTRUCTION OF PROTOTYPES OR SAMPLES OF WORK:
The contractor shall construct prototypes or samples of work as laid down. in the contract or
as. Instructed by the Architect. Such prototypes or samples of work, after approval by the
Architect, shall serve as the standards to be achieved in the final construction.
7.3 COST OF SAMPLES
All samples shall be supplied by the contractor at his own cost.
7.4 COST OF TESTS
The cost of making any test according to specifications shall be borne by the contractor and
contractor should arrange for all facilities like meters, instruments as required for carrying out
such tests.
7.5 INSPECTION OF OPERATION
The Architect/ Employer or their representative shall at all times have access to the works
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and to the site and to all workshops and places where materials, manufactured articles or
machinery are being obtained for the works and the contractor shall afford every facility for
any every assistance in or obtaining The right to such
7.6 EXAMINATION OF WORK BEFORE COVERING UP
No work shall be covered up or put out of view without the approval of the Architect or the
Architect's representative and the contractor shall afford full opportunity to the Architect or
the Architect's representative to examine and measure any work which is about to be
covered up or put out of view and to examine foundations before permanent work is placed
thereon. The contractor shall give due-notice to the Architect's representative wherever any
such work or foundations is or are ready or about to be ready for examination and the
Architect's representative shall without unreasonable delay, unless he considers it is
unnecessary and advises the contractor accordingly, attend for the purpose of examining
and measuring such ' work or of examining such foundations.
7.7 UNCOVERING AND MAKING OPENING
The contractor shall uncover any part or parts of the works of make openings in or through
the same as the Architect may, from time to time, direct and shall reinstate and make good
such part or parts to the satisfaction of the Architect. If any such part. or parts have been
covered up or put out of view after complaints with the requirements of clause 6.6 hereof and
found to be executed in accordance with the contract 'the expenses of uncovering, making
openings in or through, reinstating and making good the same shall be borne by the
Employer, but in any other case all such expenses shall be borne by the contractor and shall
be recoverable from him by the Employer and deducted by the Employer from any money
due or which may become due to the contractor, without prejudice to any other remedy that
(may be available to the Employer in law.
7.8 REMOVAL OF IMPROPER WORK AND MATERIALS
The Architect or his representative 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 the order
of any materials which in the opinion of the Architect or his representative are not in
accordance with the contract.
b) The substitution of proper and suitable materials.
c) The removal and proper re-execution not withstanding a previous test thereof or
interim payment therefore of a work which in respect of materials or workmanship is
not in the opinion of the Architect or his representative in accordance with contract.
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7.9 SUSPENSION OF WORK
The contractor shall, on the written order by the Employer suspend the progress of the works
or any part thereof for such time or times and in such manner as the Architect may consider
necessary and shall during such suspension, properly protect and secure the work, so far as
is necessary in the opinion of the Architect.
8. TIME OF COMPLETION AND TAKING OVER
8.1 POSSESSION OF SITE :
Save in so far the contract may prescribe the extent of portions of the site of which the
Architect is to be given possession from time to time and the order in which such portions
will be available to him and subject to any requirement in the contract as to the order in
which the work shall be executed, the Architect shall give to the contractor possession of so
much of the site as may be required to enable the contractor to commence and proceed with
the construction of the works in accordance with such reasonable proposals of the contractor
as he will make in writing to the Architect and shall, from time to time as the work proceeds
give the contractor possession of such further portions of the site as may be required to
enable the contractor to proceed with the construction of the works in accordance with the
said program or proposal.
8.2 TIME OF COMPLETION
Time is deemed to be the essence of this contract and the whole of the works shall be
completed within the time stipulated or within such extended time as has been allowed under
clause 8.3.
8.3 EXTENSION OF TIME OF COMPLETION
Should the amount of extra or additional work of any kind or changes in scope of work or
other special circumstances of any kind whatsoever which may occur, be such as fairly to
justify the contractor's request for extension of time for the completion of the works the
Architect shall determine the amount of such. extension and with the approval of the
Employer shall intimate the contractor in writing provided that the Architect is not bound to
take into account any extra or additional work or other special circumstances unless the
contractor has within 28 days, after such work has been commenced or such circumstances
have arisen, submitted to the Architect full and detailed particulars of any request to the
extension of time to which he may consider to be justified.
8.4 EXTENSION OF COMPLETION
TIME DUE TO STRIKE, FIRE, ETC.
If in the opinion of the Architect the progress of the work has at any time been delayed by
strikes, fire, inclement weather, un-avoidable causalities etc., beyond the control of the
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contractor then the time of completion of the work may be extended for such reasonable
time as the Architect may decide and this will be indicated in writing.
8.5 WORK TREATED AS COMPLETE:
The works shall not be treated as complete until:
a) The site is clear from all materials, site shed, etc., and the Architect is satisfied with
the job done by the contractor.
b) The contractor has submitted the reconciliation statement regarding the stores
received from the Employer, hand all the surplus and salvaged materials are returned
to the stores.
c) All equipment, tools, plant taken from the Employer have been returned by the
contractor.
d) Any other materials, taken on loan/transfer from other agency have been returned by
the contractor.
e) All power and water supply connections taken for the execution of the works have
been disconnected by the contractor.
f) Rectifications of any damage done by the contractor to the work executed have been
satisfactorily done by the contractor.
g) The works shall not be considered as completed until the Architect has certified in
writing that they have been virtually completed & the Defects Liability Period shall
commence from the date of such certificate.
8.6 TAKING OVER
After completion of works or any substantial part of the works before the completion of the
whole of the works. the contractor shall notify the Architects in writing, who within 15 days of
receipt of the said notice shall give such certificate with respect to any substantial, part of the
works which has been completed to the satisfaction of the Architect and occupied or used by
the Employer or refuse to issue the same stating the reasons thereof in writing. When any
such certificate is given in respect of a part of the works, such part shall be considered as
completed for the purpose of taking over and computation of the period of maintenance of
such part, that is, such period shall commence from the date of completion of such part of
the works as certified. The works in whole or part shall not, however, be treated as
completed for the purpose of other relevant clauses hereof unless and until the provisions of
clause 7.5 hereof are fully complied with.
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8.7 MAINTENANCE
For a period of Twelve Months commencing immediately after taking over of the work by
Employer, the contractors liability shall be to replace the defective parts, rectify/reconstruct
the defective work that may develop of his own construction or those of his sub-contractors
approved by the Employer (under clause 2.1 & 2.2) arising solely from faulty materials. Or
workmanship.
If it is necessary for the contractor to rectify/reconstruct any defective portions of the work
under the contract, the provision of this condition shall apply to the portions of work so
replaced or renewed until the expiration of twelve months from the date of such replacement
or renewal or until the end of the above mentioned period of Twelve Months, whichever may
be later. If any defects be not remedied within a reasonable time the Employer may proceed
to do the work at contractor's risk and expense, but. Without prejudice to any other rights
which the employer may have against the contractor in respect of such defects.
The contractor shall bear the cost of such repairs / rectifications carried out on his behalf at
site. Immediately upon expiry of the maintenance period the company shall issue a final
certificate indicating that the contractor has completed his obligation under the contract.
9. TERMINATION OF CONTRACT:
9.1 TERMINATION OF CONTRACT
If the contractor has abandoned the contract or has failed to proceed with the work with
diligently or the progress of any particular item or items is slow or he has failed to execute
the work in accordance with the specifications, neglecting to carryout his obligation under the
contract, then it shall be lawful for the Employer to terminate the contract forthwith under
written notice and to proceed with the balance of the work through any other agencies.
During the course of execution of the job, in case the contractor has done any substandard
work, he shall be asked in writing to dismantle & re-do the same at his own expenses. If the
contractor fails to comply with the above instructions immediately, then the Employer shall
continue with the above rectification work, through another agency or agencies. Similarly, if
the contractor goes slowly on any particular item or items of work, the Employer shall have
the right to execute this item or items through another agency or agencies, including its own
department.
9.2 BACK CHARGING THE CONTRACTOR
Extra cost and expenses incurred for completing the work or balance work or carrying out
the rectification of any work as mentioned above through another agency or agencies
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including its own department shall be debited to contractor's account and shall be recovered
from any money due or that may become due to the contractor without prejudice to any other
remedy that may be available to the Employer in law.
10. ALTERATIONS, ADDITIONS AND OMISSIONS
10.1 VARIATION
The Architect with the approval of the Employer shall be entitled to make any variation of the
quality or quantity of the works or any part thereof that may in his opinion, be necessary and
for that purpose, or if for any other reason it shall, in his opinion be desirable, he shall have
power to order the contractor to do and the contractor shall do any of the following:
a) Increase or decrease the quantity of any work included in the contract.
b) Omit any portion of 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 and,
e) Execute additional work of any kind necessary for the completion of the works, and no
such variation shall in any way initiate or invalidate the contract but the value, if any,
of all such variations shall be taken into account in ascertaining the amount of the
contract price.
10.2 ORDERS FOR VARIATIONS TO BE IN WRITING
No such variation shall be made by the contractor without an order in writing of the Architect.
Provided that no order in writing shall be required for increase or decrease in the quantity of
any item of work where such increase or decrease is the result of the actual quantities
exceeding or being less than those stated in the bill of quantities which are estimates. In
such cases, the contractor shall be paid only for the actual quantity of work done as certified
by the Architect at the. Accepted unit item rates and no compensation shall be allowed.
Provided also that if for any reason the Architect shall consider it desirable to give any such
order verbally, the contractor shall comply with such order but it must be followed by
confirmation in writing of such verbal order given by the Architect, which shall be deemed to
be an order in writing within the meaning of this clause.
10.3 EXTRA ITEMS:
If the contractor has been asked to execute any such item/ work in course of construction for
which the tender rates have not been quoted by him, he must undertake such work. The
rates for such additional work shall be determined by-the Employer on the following lines, in
the order of preference:
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1. The rate to be derived from any one of the quoted rates for similar items of work in the
tender.
2. Rates based on actual observation and/or analysis of labour and materials involved in
such items. For this purpose the contractor shall submit to the Architect detailed analysis of
the rate proposed by the contractor supported by relevant vouchers. While fixing rates for
extra items an allowance of 20% of the cost will be provided towards contractor s overheads,
profits and establishments taken together including sales tax on work contract.
10.4 REBATE/EXTRA OVER ORIGINAL ITEM
If there is a deviation in the specification of particular item of the tender, rebate/extra over
the quoted rate shall be generally derived as follows:
a) For items not covered in the schedule, rebate/extra shall be derived based on
observation / analysis of labour and materials involved in such items.
10.5 ITEMS OF ADHOC NATURE: (NOT APPLICABLE)
The contractor shall procure necessary materials and carry out miscellaneous work of adhoc
nature specifically provided with necessary tools and tackles as may arise during execution
of the contract. The actual quantum of work shall be certified and settled by the Architect and
payment for the same shall be fixed on the basis of actual cost plus overheads, ' profits and
establishments taken at 15% of the cost.
10.6 CLAIMS / ESCALATION:
The contractor shall send to the Architect's representative an account, giving full and
detailed particulars with proper analysis of all claims for any additional expense to which the
contractor may consider himself entitled and of all extra items of work ordered by the
Architect, which he has executed, within one month of execution of such work, and no claim
for payment for any such work, and no claim for payment for any such work will be
considered which has not been included in such particulars., Provided always that the
Architects shall be. Entitled to authorize payment to be made for any such work not
withstanding the contractor's failure to comply with this condition, if the contractor has at the
earliest practicable opportunity notified the consultant in writing that he intends to make a
claim for such work.
10.7 ESCALATION
The rate quoted shall be firm throughout the tenure of the contract (including
extension of time, if any, granted) and will not be subject to any fluctuation due to
increase in cost of materials, labour, sales tax, octroi, etc. unless specifically
provided in these documents.
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The price variation clause being adopted by the RBI may be followed, if such a
situation arises on a case .to case basis. A Specimen Price Variation Adjustment
(PVA) Clause is given in annexure as an alternative for guidance.
11. MEASUREMENTS
11.1 QUANTITIES
The quantities set out in the bill of quantities are the estimated quantities of the work.
They are not to be taken as the actual & correct quantities of the works, to be
executed by the contractor in fulfillment of his obligations under the contract.
11.2 WORKS TO BE MEASURED
The Architects shall, except as otherwise stated, ascertain the determine by
measurement the value in terms of contract. He shall when he required any part or
parts of the works -to be measured, give notice to the contractor's authorized agent
or representative, who shall forthwith attend or send a qualified agent to assist the
Architect or representative in making such measurement, and shall furnish all
particulars required . by either of them. Should the contractor not attend or neglect or
omit to send such agent, then the measurement made by the Architect or approved
by him, shall be taken to be the correct measurement of the work.
11.3 METHOD OF MEASUREMENT
The works shall be measured net in accordance to relevant BIS codes
notwithstanding any general or local custom, except where otherwise specifically
described or prescribed in the contract.
11.4 PROVISIONAL SUMS
"Provisional Sum" means a sum included in the contract and so designated in the bill
of quantities for execution of works or the supply of goods,, materials or services or
for contingencies, which sum may be used, in whole, or in part, or not at all, at the
direction or discretion of the Architect. The contract price shall include only such
amounts in respect of the work, supply or services to which provisional sums relate
as the Architect shall approve or determine.
The contractor shall when required by the Architect, produce all quotations, invoices,
vouchers, and accounts or receipts in connection with expenditure in respect of
provisional sums.
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12 SETTLEMENT OF DISPUTES
12.1 MATTER TO BE SETTLED BY EMPLOYER
All disputes and differences of any kind whatsoever arising out of or in connection
with the contract whether during the progress of the works or after their completion
shall be referred by the contractor to the Employer and the Employer shall within a
reasonable time after their presentation make and notify decisions thereon in writing.
The decisions, directions, clarifications, measurements, drawings and certificates
with respect to any matter the decision for which is specially provided for by these or
other special conditions to be given and made by the Employer or by the Architect on
behalf of the Employer are matters which are referred to hereinafter as exempted
matters & shall be final and binding upon the contractor and shall not be set aside on
account of non-observance of any formality, any omission, delay or error in
proceeding in or about the same or on any other ground or for any reason and shall
be without appeal.
In the event of any dispute or difference between the parties hereto as to the
construction of operation of this contract, or the respective rights and liabilities of the
parties on any matter in question, dispute or difference on any account or as to the
with-holding by the Employer of any certificate to which the contractor may claim to
be entitled to or if the Employer fails to make a decision within a reasonable time,
then and if any such case, but except in any of the exempted matters referred to in
the above clause, the contractor after 90 days of his presenting his final claim on the
disputed matters, may demand in -writing that the dispute or difference be referred to
Arbitration. Such demand for Arbitration shall specify the matters which are in
question, dispute or difference, and only such dispute or difference other than
exempted matters of which the demands has been made and no other dispute or
difference shall be referred to the Arbitration of an officer of the Employer to be
nominated by Managing Director of the Employer for the time being or if there be no
Managing Director at the relevant time then by the Board of Directors of the
Employer and the provisions of the Indian Arbitration Act, 1940 for the' time being in
force or of any other act of the legislature passed in substitution thereof or
modifications thereof and for the time being in force shall apply to such Arbitration.
13. NOTICES
13.1 SERVICE OF NOTICE ON CONTRACTOR
All certificates, notices or written orders to be given by the Employer or by the Architect to
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the contractor under terms of the contract shall be served by sending by post or delivering
the same to the contractor's place of business or such other address as the contractor shall
nominate for this purpose.
13.2 SERVICE OF NOTICE ON EMPLOYER
All notices to be given to the Employer under the terms of the contract shall be served by
sending by post or delivering the same to the Employer's address.
13.3 ARBITRATION
All disputes or differences of any kind whatsoever which shall at any time arises between the
parties hereto touching or concerning the works or the execution or maintenance thereof of
this contract or the rights touching or concerning the works or the execution of maintenance
thereof of this contract or the construction remaining operation or effect thereof or to the
rights or liabilities of the parties or arising out of or in relation thereto whether during or after
determination foreclosure or branch of the contract ( other than those in respect of which the
decision of any person is by the contract expressed to be final and binding ) shall after
written notice by either party to the contract to the other of them and to the employer
hereinafter mentioned be referred for adjudication to a sole arbitrator to be appointed as
hereinafter provided. .
For the purpose of appointing the sole arbitrator referred to above! the employer will send
within thirty days of receipt of the notice, to the contractor a panel of three names of persons
who shall be presently unconnected with the organization for which the work is executed.
The contractor shall on receipt of the names as aforesaid, select any one of the persons
name to be appointed as a sole arbitrator and communicate his name to the employer
within thirty days of receipts of the names. The employer shall thereupon without any delay
appoints the said person as the sole arbitrator. If the contractor fails to communicate such
selection as provided above within the period specified, the competent authority shall make
the selection and appoint the selected person as the sole arbitrator.
If the employer fails to send to the contractor the panel of three names as aforesaid within
the period specified, the contractor shall send the employer a panel of three names of
persons who shall all be unconnected with either party. The employer shall be receipt of the
named as aforesaid select any one of the persons names and appoint him as the sole
arbitrator. If the employer fails to select the person and appoint him as the sole arbitrator
within 30 days of receipt of the panel and inform the contractor accordingly, the contractor
shall be entitled to appoint one of the persons from the panel as the sole arbitrator and
communicate his name to the employer.
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If the arbitrator so appointed is unable or unwilling to act or resigns his appointment
orvacates his office due to any reason whatsoever another sole arbitrator shall be appointed
as aforesaid.
The work under the contract shall, however, continue during the arbitration proceedings and
no payment due or payable to the contractor shall be withheld on account of such
proceedings.
The arbitrator shall be deemed to have entered on the reference on the date he issued
notice to both the parties fixing the date of the first hearing.
The arbitrator may from time to time, with the consent of the parties, enlarge the time for
making and publishing the award.
The arbitrator shall give a separate award in respect of each dispute or difference referred
to him. The arbitrator shall decide each dispute in accordance with the terms of the contract
and give a reasoned award. The venue of arbitration shall be such place as may be fixed by
the arbitrator in his sole discretion.
The fees, if any, of the arbitrator shall, if required to be paid before the award is made and
published, be paid half and half by each of the parties. The cost of the reference and of the
award including the fees, if any, of the arbitrator who may direct to and by whom and in
What manner, such costs or any part thereof shall be paid and may fix or settle and amount
Of costs to be so paid.
The award of the arbitrator shall be final and binding on both the parties.
Subject to aforesaid the previsions of the arbitration act 1992 or any statutory modification
or re-enactment thereof and the rules made the there under, and for the time being in force,
shall apply to the arbitration proceeding under this clause.
The employer and the contract hereby also agree that arbitration under clause shall be a
condition precedent to any right to action under the contract with regard to the matters
hereby expressly agreed to be so referred to arbitration.
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GENERAL SPECIFICATIONS
MATERIAL AND WORKMANSHIP
GENERAL
1. GENERAL SPECIFICATION
These GENERAL SPECIFICATIONS should be read along with the relevant
specifications, referred to the Common and Detailed specifications, applicable to the
work in addition to specifications given below and the drawings mentioned in these
documents shall be deemed to apply to the works unless mentioned otherwise in the
tender documents, in which case the provisions in the tender document shall take
precedence.
2. NAMEBOARD
A name board about 8'x 4' as per drawings shall be made and displayed at site at
some approved place. The contents of the board shall be as follows :
1. Name of the Project.
2. Name of the Employer/Employers.
3. Architect/Technical Consultants with their address. 4. Contracting Agency.
Care should be taken to see that the height of letters specially for the Architect
Technical Consultants should not be more than 2 to abide by the code of
professional conduct prescribed by the Indian Institute Of Architects. The colour,
texture etc., of the board shall be as per the Architect's instructions.
3. DRAWINGS, INSTRUCTIONS AND MEASUREMENTS
The Contractor shall strictly adhere to the working drawings or detail drawings and
written instructions of the Architects. No working drawing or detail drawing shall be
scaled. Figured dimensions alone shall be followed. Measurements shall be recorded
of the actual work done. However, the quantum of work over and above that
indicated in the working or detail drawings shall not to be recorded unless the same
is brought to the notice of the Architects. Mode of measurement shall be generally in
accordance with IS-1200-64 for measurement of building works unless otherwise
specified. An approved metallic tape shall be used at site and utmost care shall be
taken to see that the same is preserved in good condition throughout the period of
execution.
The Contractor is directed to deposit an identical tape with the Architects so that in
case the tape at site is lost or damaged another identical tape could be purchased
after comparing it with the one deposited with the Architects.
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4. TESTING OF WORKS AND MATERIALS:
If required by the Architects the Contractor shall arrange to test materials and
portions' of the work in order to prove their soundness and sufficiency. If, after any
such test and in the opinion of the Architects the materials or workmanship is found
defective or unsound, the Contractor shall pull down and re-execute the same at his
own cost. All materials deemed defective in the opinion of the Architects shall be
removed from the site immediately.
5. CLEARING THE SITE
The "SITE" as indicated in the plan shall be cleared of all obstacles, loose boulders
or stones and materials, ash and rubbish of all kinds as well as brushwood. All hones
and hollows, whether originally existing or produced by removal of loose stones or
brushwood shall carefully be filled up with earth, well rammed and leveled. The site
all round the building upto a distance of 10'-10' shall be well dressed. The maximum
cutting or filling being 1'-0', no extra for this shall be paid.
6. SITE CLEANLINESS:
The Contractor shall see that the site always remains in a presentable condition
during the execution work. The construction work should display a marked degree of
discipline. On completion of the work, the Contractor shall at his own expenses,
remove all surplus materials, debris and rubbish of every description from the
buildings, and site and shall find a place for depositing the same. He shall removal all
paint and whitewash stains, rub all floors, paving. etc.; and shall leave everything
clean, watertight, and perfect to deliver the buildings fit for occupation.
7. TREES
As far-as possible trees shall be preserved unless otherwise instructed by the
Architects. If any trees have to be cut, it shall form an extra item for which the
Contractor shall be paid separately at the rates detailed by the Architects. A tree shall
be defined as a growth-whose diameter of .the trunk at the base is more than 12" and
the height is more than 12'.
8. TEMPORARY PROTECTION
All trenches, old and new walls, newly laid concrete or any other work requiring
protection from inclement weather or accidental injury shall be protected by means of
tarpaulins or in any other suitable manner to keep the work safe from damage.
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9. MATERIALS AND WORKMANSHIP
The whole of the materials used on the work shall be new and of the best quality of
their respective kind. Other articles, tools, plants shall be the best of the several kinds
available in the market and shall be used in the best, most workmanlike, and most
substantial manner to the complete satisfaction of the Architects and Employer.
10. SAMPLES OF MATERIAL
The Contractor shall deposit at the office of the Architects for their approval samples
of the materials proposed to be used in the works, at least 15 days before placing the
order supply, and the bulk shall be equal in every respect to the approved samples
deposited.
11. SAMPLES OF WORKMANSHIP
The Contractor at his own expense shall prepare samples of all joinery, cornice,
parapets, moldings, enrichments, etc., and shall obtain the approval of the Architects
to the same before putting the work in hand. If so required by the Architects the
Contractor at his own expense shall prepare the same and submit a second sample
of each individual item of work. If the Architects require more than two samples-to be
made of any individual item of work, the Contractor shall prepare the same and shall
be paid the actual cost of preparing the third and any subsequent samples of such
individual item.
12. SKILLFUL WORK - PEOPLE TO BE EMPLOYED
The Contractor shall employ only experienced competent, skillful work people to do
the work and whenever the Architects inform him in writing that any man on the work,
is in their opinion, unsatisfactory, or incompetent or dishonest or untruthful or
disorderly or otherwise unsuitable, such men shall be discharged from the work and
shall not be employed again on the job.
13. SAND etc., AT THE SITE:
Sand, Gravel or other materials obtained on the site shall be used only by the special
permission of the Architects. Such permission shall be obtained by the Contractor in
writing before such material is used in the works and its agreed value stall be
deducted from the amounts due to the Contractor.
14. DEPOSITING DEBRIS ON SITE
Wherever it is stated in the schedule of quantities that debris shall be deposited on
the site, the rate quoted by the Contractor shall include for making all required
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excavations for receiving or covering the debris within the limits of the site and neatly
spreading the debris, and covering the same with earth to the depth of at least 4
inches. If so ordered by the Architects, the Contractor shall deposit and spread debris
to form the foundations of roads, drives, paths, floors etc., in such cases, the
Contractor shall be entitled to payment only for consolidating the debris used for such
foundation.
15. CASING UP
The Contractor at his own expense shall board up all wood, stone, brick and other
work liable to injury and shall remove such casing when required or on completion of
the work. He shall thoroughly clean down the whole of the stone work etc., and make
good any damage or defects.
16. PROTECTING FLOORS
The Contractor at his own expense shall keep all floors covered with a good layer of
sand or shall otherwise protect them to the satisfaction of the Architects & shall clean
the same when necessary and shall make good all damage and leave is clean and
perfect.
17. EXISTING DRIVES etc..
From the commencement of the contract until the work is handed over finally, the
Contractor at his own expense shall maintain to the satisfaction of the Architects all
private roads, drives, paths, cart-tracks, etc., over which traffic passes in connection
with the works.
Upon completion of the work, the Contractor at his own expense shall provide all
necessary materials and shall make good all damage, consequent upon the
execution of the work and shall leave such private roads, etc., in good order to the
satisfaction of the Architects.
18. REINSTATING COMPOUND
The Contractor at his own expense shall reinstate t: .he satisfaction of the Architects
all parts of the compound disturbed by the building operations.
19. STORAGE
Safe, dry and proper storage shall be provided for all materials, particularly for
materials like cement. Adequate storage should be made at least sufficient for 3
months during active construction.
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20. SPECIAL MATERIALS
If the materials of a particular brand are specified in the schedule these shall be
procured accordingly from approved manufacturers. These shall include materials
such as
a. Bitumen and Bituminous Compounds, Water Proofing, Hardening
Compounds, Special Paints, Acoustic, Insulation Bounds and other finishing
materials.
b. The Contractor shall procure necessary guarantees from the manufactures
and furnish the same to the Architects.
SPECIAL CONDITIONS
GENERAL:
SPECIAL CONDITIONS OF CONTRACT shall be read In conjunction with GENERAL
CONDITIONS OF CONTRACT and both form an integral part of contract. Where the two are
at variance, the conditions stipulated in this as SPECIAL CONDITIONS shall supersede
relevant GENERAL CONDITIONS.
1. SPECIAL CONDITIONS
1.1 HELMETS
As a measure of safety, persons employed on the site, Engineers and Supervisors shall
wear a helmet of approved make at all times when they are at the site. No visitors shall be
allowed on work site without wearing helmet.
Contractors shall make arrangements to provide safety helmets to all the persons employed
on the site, Engineers and Supervisors at his cost.
Contractors shall display safety and warning signs at strategic locations at the site.
1.2 CHILD LABOUR
Contractor or his Sub-contractor shall not, employ any child labourers on the work site, either
permanently or temporarily. It shall be the responsibility of the main Contractor to make sure
that no child labour is employed at the site. Contractor shall indemnify the Employer against
any consequences statutory or otherwise, that may arise out of employing child labour on
the site.
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1.3 TEMPORARY ELECTRICAL WIRING
It shall be the responsibility of the main Contractor to make sure that the temporary wiring for
construction activity shall adhere to minimum safety precautions as per Electricity Act.
All wires / cables shall be drawn on wooden poles properly fixed and shall be drawn
overhead.
1.4 LABOUR SHEDS
Labour sheds shall be constructed with non-combustible materials like GI sheets or
Asbestos sheets. Contractor will not be permitted to use combustible materials such as palm
leaves etc., for the construction of the labour sheds.
2. BAR CHART
Program chart to be enclosed in the tender documents.
3. MATERIALS SUPPLIED BY EMPLOYER
All those materials which are to be supplied by the Employer shall be supplied at the site of
work. The contractor shall submit re-conciliation statement of all the materials supplied by
the Client along with the final bill.
4. BILLING, CERTIFICATION & PAYMENT OF BILLS
4.1 BILLING
The contractor shall prepare measured bills after completing the quantum of work
mentioned in the Appendix-A and submit the same to the Architects for checking and
issue of Interim Certificates.
4.2 ON ACCOUNT MATERIAL ADVANCE (ONLY FOR NON-PERISHABLE TYPE OF
MATERIAL)
The Architects may in his discretion include in the Interim Certificate such amount as may be
considered proper by him on account of materials delivered upon the site by the contractor
for use in the works. However, such amount delivered upon site and the contractor shall
.submit the necessary documents like supplier's bills, challans, and receipts for the, payment
etc.; in T support of his claim on the subject.
4.3 PAYMENT OF BILLS
The contractor shall be paid by the Employer from time to time by installments under
interim certificates to be issued by the Architects to the cone; a:tor on account of the
works executed when in the opinion of the Architects work to be the approximate
value named in the Appendix A as "Interim Payments", (or less at the reasonable
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discretion of the Architects) has been executed in accordance with this contract,
subject however, to a retention of the percentage of such value named in the
Appendix-A hereto as "Retention Money.
The contractor shall be paid the net amount as under after inspection of the quality
and quantity by the authorized person.
- Value of the work done for Interim Certificate 'A'
- 75% of value of building materials on site 'B'
- Total A + B 'C'
DEDUCTIONS:
- Retention 8% on 'A' 'D'
- Value of materials issued by the
Employer at the agreed basic rate
(Actually used by the contractor in
the work completed up to that period) 'E'
- Income tax @ 2.2% on 'A'-'E' 'F'
- Previous payments made G' - Any other deductions 'H'
- Total deductions 'K'
- Net bill value C-K
4.4 RELEASE OF RETENTION MONEY:
When the works have been virtually completed and the Architects shall have certified in
writing that they have been completed, the contractor shall be paid by the Employer in
accordance with the certificate to be issued by the Architects, half of the retention amount
and the contractor shall be entitled to the payment of the final balance in accordance with
the Final Certificate to be issued in writing by the Architects at the expiration of the period
referred to as "The defects liability period", in the Appendix-A hereto from the date of virtual
completion or as soon after the expiration of such period as the works shall have been finally
completed and all defects made good according to the true intent and meaning hereof
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whichever shall last happen, provided always that the issue by the Architects of any
certificate during the progress of the works, or at or after their completion shall not relieve
the contractor from his liability under defects after completion clause in case of fraud,
dishonesty or fraudulent concealment relating to the works or materials or any matter dealt
with in the certificate and in -case of all defects & insufficiencies in the works or materials
which a reasonable examination would not have disclosed. No certificate of the Architects
shall be itself be of conclusive evidence that any works or materials to which it relates are in
accordance with the contract. The Architects shall have power to withhold any certificate if
the works or any parts thereof are not being carried out to their satisfaction. Payments upon
the Architects certificate shall be made within the periods named in the Appendix-A "Passing
of running bills", have been delivered to the employer,
5. REPAIR OF WORKS DONE BY OTHER AGENCIES
The civil contractor shall make up any deficiency in the finishing of the areas damaged by
other agencies in a workmanlike manner to achieve uniform finishing of the building at no
extra cost.
6. DEWATERING
The civil contractor shall install sufficient number of pumps to dewater the sub-soil water, if
any to keep the area free from water and dispose off the same as directed. The contractor
shall maintain the Log Book recording the number of hours of running of the pumps. The
contractor shall get the Log Book entries certified by the Employer's Engineer on a day to
day basis. Pumping should be resorted to after taking the approval of the Employer's
Engineer-in charge. Payment shall be made for HP HOUR.
7. MATERIAL TESTS:
The contractor shall provide such assistance, instruments, machines, labour and materials
as are normally required for examining, measuring and testing.
The contractor shall install a compression testing machine at site to test concrete cubes
and solid blocks.
The contractor shall maintain a record of all the test results in an approved format and
periodically submit the same for Architect's/Employer's scrutiny.
8. PLANT & MACHINERY:
The contractor is obliged to furnish to the Employer detailed list of equipment, plant,
machinery & personnel proposed to be deployed in this project.
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9. CLIENT'S & ARCHITECT'S OFFICES & FACILITIES:
The contractor shall supply, erect and satisfactorily maintain in good repair until final
completion of works a well lighted temporary site office.
The contractor shall provide at all times for the duration of the contract survey instruments
for the exclusive use of consultants as directed by consultants for carrying out of his duties in
connection with the contract.
Such instruments which must be approved by the Architect shall include but not limited to
the following:
One the odolite & tripod capable of reading to 20 seconds
One level with horizontal circle and tripod.
Two metric leveling staffs not less than 3.5mtr high.
One 100 metre rustless steel band, one 30 metre rustless steel tape and two
30 metre linen tapes.
An adequate number of ranging rods drop arrows, wooden setting-out pegs,
etc.
The contractor shall be solely responsible for all such- instruments-_and, equipment's and
shall ensure that they are at all times in good repair and adjustment.
10. SANITATION & DRAINAGE DURING CONSTRUCTION:
The contractor shall provide sanitation and drainage facilities on the site as stated
subsequently.
The contractor shall strictly control the labour so that the site is not polluted, made dirty or
littered with debris, wastes or the likes. Any person found creating mess or litter or pollution
shall be removed from the site immediately at contractor's cost.
The contractor shall provide sanitation facilities at convenient locations on site to preserve
the cleanliness of the site. The effluent shall be directed as follows:
Waste water : Collection and pumping out and disposal off the site in
Approved manner.
Sewage : Septic tank provision - sludge to be collected and
Disposed off at intervals as directed.
The location of the above provisions shall be as marked on the site mobilization scheme
drawing.
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11. DISCREPANCIES:
The contractor shall bring to the notice of the Architect any discrepancies within or
between contract drawings and/or the other contract documents prior to preparation
of working drawings and commencement of work and shall not proceed with work
until the Architect gives clarifications and instructions to proceed.
12. REPORTS BY CONTRACTOR
12.1 The contractor shall file daily category-wise labour return. The report shall indicate
scheduled requirement against actual strength.
12.2 The contractor shall prepare weekly reports of planned and actual progress of work
and subsequent week's scheduled work. These will also include material procurement
status. This report shall be submitted to Architect and shall be reviewed in. weekly co-
ordination meeting.
12.3 The contractor shall submit monthly report along with monthly bills. .
12.4 Further progress charts and schedules shall be prepared by. the contractor as
directed by the Architect.
12.5 The contractor shall submit re-conciliation statement of all the materials supplied by
the Client, along with every running bill.
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ANNEXURE FOR
PRICE VARIATION ADJUSTMENT (PVA) CLAUSE
1. General:
If the prices of materials and / or wages of labour required for execution of the work increase
/ or decrease, the price variation adjustment (PVA) shall be worked out as per provisions
detailed below and the amount of the contract shall be accordingly be varied, subject to the
other condition that compensation to escalation in prices shall be available only for the work
done during the stipulated period of the contract including such periods for which the
contract is validly extended under the provision of relevant clause of the contract
In partial modification of (any) provisions made elsewhere. in this Manual (contract)
regarding rate quoted in a tender being not subject to any-variations, price adjustment to the
value of the work payable to the contractor of the tendered rates shall be made towards
variation in the prices of materials and labour supplied by the Contractor in the manner
specified herein under.
If, after the written order to commence the work any during the operative period of this
contract including any authorized extensions of the original stipulated completion period.
a. There be any variation in the consumer price index - general index - for industrial
workers (Base 1982 =100) (source date published from time to time in Indian Labour Journal
by the Labour Bureau, Government of India)
b. There be any variation in the of India Wholesale Price Index for all commodities
(Base 1981 - 1982 = 100) (as published from time to time in RBI Bulletin base on data
issued by the office of the Economic Adviser to the Government of India)
Price Variation Adjustment (PVA) towards (1) labour component and (2) materials
component for all materials other than steel shall be calculated in accordance with the
formulas (A) and (B) respectively, give below, subject to stipulations hereinafter mentioned.
Formula (A) for labow,
VL= [0.87P x K1-S] x C1-C0
100 C0
Formula (B) for materials
VM = [0.87 P x K2
-C-S) X I1
- l0
100 I1
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VL = Amount of Price Variation Adjustment (PVA) increase or decrease in
Rupees due to labour component, formula (A) for labour.
VM = Amount of Price Variation Adjustment (PVA) increase or decrease in
Rupees due to materials component, formula (8) for materials
P = Cost of work done during the period under consideration (Bill period) as
Per gross amount of bill excluding, cost of extra of substituted items, rates of
which are fixed on prevalent market rates and advances on materials and / or
adjustments thereof; if any
C = Cost of materials if any, like cement, steel etc., which are either
Arranged or supplied at actual or fixed rates and consumed in the work done
during the period under construction.
S = Cost of services like power or water supply, hire charges of machinery
etc., which are supplied at fixed rates by the chart to the contractor.
Note: This is generally nil in case of Bank's works
K1 = Percentage of, labour component as calculated as indicated in Note (1)
Below.
K2 = Percentage of materials component as indicated in Note (2) below.
C0 = Consumer price index - general index Numbers for Industrial workers
(Base 1982= 100) referred to at (a) above, ruling the last date of receipt of
tenders, and as applicable to the center, nearest to the place of wok, for
which the index is published
C1 = Average of above mentioned Consumer Price Index number during the
Period under consideration (bill period)
l0 = All India Wholesale Price Index Number for a commodities referred to
at (b) above, ruling on the last date for receipt of tenders and as applicable to
the center, nearest, to the place of work for which the index is pub sled.
l1 = Average of above mentioned monthly All India Wholesale Price Index
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Numbers during the period under consideration (bill period)
Note (1): K1 shall be taken as under
2. Component of work: Civil work including ancillary works and external work and
a) RCC / tanks, septic tank etc., if any, for sanitary and plumbing
Work 30
b) Sanitary and plumbing works including fittings and fixtures
(Internal work only) 20
c) Electrical installations work including fittings and fixtures
External and internal works) 20
Note (2): K2 shall be taken-as under
a) Civil work including ancillary works as detailed under
Note (1) (a) above 70
b) Sanitary and plumbing works including fittings and fixture
As detailed under Note (1) above 80
c) Electrical installation work including fittings and fixtures as
Detailed under Note (1) (c) above 80
Stipulations:
Price variation Adjustment (PVA) clause is operative either way i.e., if the variations in above
referred price indicates are on the plus side. PVA shall be payable to the Contractor and if
they are on the negative side PVA shall be recoverable from the contractor, for the
respective bill period of occurrences of fluctuations.
The rates quoted by the Contractor shall be treated as firm for the value of work required to
be done in the first 6 months of the contract period from the date of written order to
commence work, and no Price Variation Adjustment (PVA) is admissible on the same on any
ground whatsoever. The value of the work required to be done during the first six months of
the contract period shall be taken as 80% of the value of work to be done on prorata basis in
six (6) months as compared to the total stipulated completion period. No PVA is admissible
on the value of the work required to be done in the first six (6) months as worked out above.
even if this work is actually done in a period of longer than six (6) months. However, in case
of any delay in the first six months due to genuine reasons which are not attributable to the
contractor and which are beycnd his control, such period of delayshall be deducted from six
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months, and the value of the work to be done will be 80% of the pro-rata value of work to be
done in such reduced period on pro-rata basis.
I. For works where the original stipulated period of completion is not more than six (6)
months no PVA whatsoever is permissible under this clause. However, if the period
of completion is delayed beyond six (6) months on account of genuine reasons which
are beyond the control of the contractor, PVA will be admissible on the -value of the
work clone only in excess of the value of the work done on a pro-rata basis in the first
six months minus the period of such genuine delay.
II. For purposes of admissibility of PVA all the cumulative period of extensions granted
for reasons which are solely attributable to the Contractor is excluded from the total
extended period of the contract and PVA shall not be admissible on the value of work
done during such period of extensions. Which are for keeping the contract current,
but only due to reasons for which the contractor was solely responsible. Periods of
extensions granted on account o: genuine reasons which are not attributable to the
contractor and which are beyond his control will, however. Be including in the period
for which PVA is admissible.
Ill. Not withstanding anything to the contrary mentioned in any other clause / clauses of
the contract, extensions of the, contract period shall be granted by the Architect only
with prior approval of the bank, extensions granted by the Architects without Bank's
prior approval shall not bind the Bank for payments of PVA for work done in the
concerned period of extensions.
IV. a) Where the total cost of the work done beyond the value of work
required to be done in the first 6 months (vide note (ii) and (iii) above) does not
exceed Rs.50/- Lakhs the total amount of PVA worked out on the basis of
provisions of foregoing stipulations will be limited to an upper ceiling of 10;0 of
such value of work done in excess of value of work required to be done in the
first 6 months, minus the cost of cement and steel and any other materials and
services issued / arranged by the Bank at fixed price i.e. P - (C+S) (these terms
'being as pei definitions under formula A and B above)
b) Where the total value of work done beyond the value of the work required to be done in
the first 6 months exceeds Rs. 50/- Lakhs the Price Variation Adjustment (PVA) on the
first 50 lakhs shall be calculated as provided for in the foregoing Para and for the
balance value of work done for which PVA is admissible subject to forgoing conditions,
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the PVA will not have the upper, ceiling of 10% but it will be worked out at a lower rate
i.e., 90% of the amount worked out as per the formula A and B referred to earlier.
V. In working out the amount of PVA as per all the foregoing stipulations, value of such
extra items or such portions of extra items the rates of which are derived from the
prevailing market rates of materials and labour will not be including iri the value of
work done. Value of only such extra items or such. Portions of extra items, rates of
which are derived from tendered rates will be included in the value of work on which
PVA is calculated.
VI. For claiming the- payments for PVA the Contractor shall keep such books of
accounts and other documents, vouchers, receipts etc., as may be required by the
Bank / Architects, for verification of the increased claims for reductions, to be made
as the case may be and he shall also allow inspection of the books, documents by
the site engineer and Bank's be Engineer and / or other duly authorized
representative of the Bank / Architects and furnish such information as may be
required or called for to enable verification of the claim within a week of such request.
VII. The contractor is required to submit to the bank, through the Architect, his claim for
PVA separately for each running bill for the individual bill period for the work paid to
him by the Bank. He will also be required to submit detailed calculations in support of
the claim.
VIII. No claim will be entertained by the Contractor for interest or any other grounds for
non payments or for any delay in payment of PVA due to late publication or non
availability of the necessary price. indices or due to delay in preparation of the
running or final bills.
IX. The increase / or decrease in statutory measures such as taxes, levies etc., will be
considered whiie working out the adjustments: in accordance with Formula (B)
X. In all cases of disputes under this clause the decisions of the Competent Authority
who shall give a reasonable hearing to the contract in person (not through Agents
Advocates) shall be final and binding.
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PROFORMA OF BANK GUARANTEE FOR PERFORMANCE BOND
(To be executed on NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)
Ref Bank Guarantee No._____
Date: _________________ To, BANK OF INDIA Bank of India Building Zonal Office Bangalore
560 009
Dear Sir,
1. In consideration of ________________ having its office at _______________
(hereinafter referred to as the "COMPANY" which expression shall unless repugnant
to the context include its successors in interest and assigns) having entered into a
contract dated _____________ (hereinafter called the "CONTRACT" which
expression shall include all the amendments thereto) at Bangalore with M/s.
_______________________________________ having its office at
____________________________________________________
_____________________________________________________________
(hereinafter referred to as the "CONTRACTOR" (which expression unless repugnant
to the context or meaning thereof, shall include its successors, administrators,
executors and assigns) and such contract having been signed and accepted by the
Contractor at Bangalore for _______________________ project (scope of work) for
a value of Rs. ____________________________.
AND WHEREAS under the terms of the said contract, the Contractor is required to
submit a performance guarantee for the due, punctual, satisfactory and faithful
performance of the entire contract to the context of _______% of the contract price.
We (BANK NAME AND ADDRESS) (hereinafter referred to as the "Bank") hereby
agree, guarantee and undertake that we shall forthwith, immediately and immediately
upon receipt of written intimation/ demand/ letter/ claim from you viz., M/s.
____________________________ addressed to the Bank, pay to M/s.
____________________________________ without any deduction, reservation,
protest, demur, delay or reference to M/s. ______
________________________________ the aforesaid sum of Rs. _______
irrespective of and notwithstanding any dispute or demand to the contrary made/
raised by the Contractor. We further undertake and agree that we shall make
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payment to you of the aforesaid amount of Rs. _________________ Immediately
upon demand being made, as aforesaid, without in any manner referring to, or
seeking consent of or instructions from the Contractor and without in any manner,
explicitly or by conduct, issuing notice of our intent to honour our commitment under
this guarantee or on the issue of any instructions to the contrary issued by the
Contractor. Any such demand made by the Company on the Bank shall be
conclusive and. binding notwithstanding any difference between the Company and
the Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any
other authority or any instructions, letter contrarily issued by the contractor. We agree
that Guarantee herein contained shall be irrevocable and shall continue to be in force
and enforceable till it is specifically discharged by the Company by issuance of a
letter/certificate to such effect. No periodic renewal by the bank shall be necessary.
2. The Company shall have the fullest liberty, from time to time, without in any way
affecting the liability of the Bank under this Guarantee to extend the time for
performance of the Contract by the Contractor, or vary the terms of the Contract. The
Company shall have the fullest liberty without affecting this Guarantee to postpone,
from time to time, the exercise of power vested in them or of any right which they
might have against the Contractor and to seek compliance with any covenants
contained or implied in the Contract between the Company and the Contractor or any
other course or remedy or security available to, the cord any. Notwithstanding any
such extension or variation, the Bank shall not be released of its obligations as
assumed under these presents by the exercise by the company of any liberty with
reference to matters aforesaid or any of them or by reason of any act or forbearance
or other acts of company or any other Indulgence shown by the company to the
contractor. We agree that irrespective of such extension of time or variation in
contract, our liability to pay the aforesaid amount of Rs. ___________ without demur,
objection shall continue to remain unaltered, enforceable and valid.
3. The Bank further agrees that the Company, at its option, shall be entitled to enforce
this Guarantee against the bank, without in the first instance proceeding against the
contractor or making any demand upon the contractor to pay and notwithstanding
any security or other guarantee that the company may be possessed of in relation to
the contractor's liabilities, either in relation to this agreement or otherwise and .our
liability to make unconditional payment on demand by the company shall not be
affected or diluted and shall remain valid, enforceable and unaltered.
4. We further agree that for the purpose of this Guarantee any notice issued to us by
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the company and the amount claimed in such notice as being payable by the
contractor to the company shall be deemed to be correct and shall not be disputed or
questioned by us but shall be paid in the manner herein before stated forthwith and
without delay. We further agree that this guarantee shall not be affected by any
change in our constitution or that of the contractor. We further undertake not to
revoke this guarantee during the period of its validity viz., till the company discharges
us, in writing, as aforesaid, notwithstanding any dispute, difference between the
contractor and ourselves and our bankers lien either general or particular in relation
to the contractor shall not include the amount guaranteed to the company under this
guarantee.
Dated this the day of 2013
WITNESSES:
SIGNATURE SIGNATURE
NAME NAME
OFFICIAL ADDRESS
(DESIGNATION WITH BANK STAMP)
_______________ Attorney as per power of Attorney No. _______
Dated: _____________
