BANK OF INDIA TENDER DOCUMENT REDEVELOPMENT OF BANK OF INDIA RESIDENTIAL QUARTERS

BANK OF INDIA PREMISES DEPT., STAR HOUSE, C-5, G-BLOCK, BANDRA KURLA COMPLEX, MUMBAI-400 051 TENDER DOCUMENT FOR REDEVELOPMENT OF BANK OF INDIA RESI...
Author: Abigayle Stanley
2 downloads 3 Views 1MB Size
Report
Download PDF
BANK OF INDIA PREMISES DEPT., STAR HOUSE, C-5, G-BLOCK, BANDRA KURLA COMPLEX, MUMBAI-400 051

TENDER DOCUMENT FOR

REDEVELOPMENT OF BANK OF INDIA RESIDENTIAL QUARTERS AT PLOT NO.3 &3.2, SECTOR- 13, NERUL, NAVI MUMBAI

VOLUME-I CONTRACT CONDITIONS ARCHITECT HITEN SETHI & ARCHITECTS PVT. LTD. Ground Floor, Yayati CHS, Plot no. 9, Sector - 58 A, Palm Beach Road, Nerul, Navi Mumbai, Maharashtra, India – 400 076

BANK OF INDIA STAR HOUSE, 1ST FLOOR, PREMISES DEPARTMENT C-5 , G-BLOCK, BANDRA KURLA COMPLEX BANDRA (E), MUMBAI-400051 TENDER DOCUMENT FOR Redevelopment of Bank of India Residential Quarters at Plot no.3&3.2, Sector13, Nerul, Navi Mumbai. ESTIMATED COST – Rs. 45 Crores LAST DATE OF SUBMISSION OF APPLICATION -UPTO 3.30 P.M. ON 15.01.2013 Name of the firm Address

……………………………….. ...……………………………... ………………………………..

Phone Numbers –

………………………………..

Mobile No.

………………………………..

Fax No.

………………………………..

E-mail: PRICE OF THIS FORM : Rs 20,000/- (Non refundable ) (Payable by Pay Order/ Demand Draft in favour of Bank of India. In case of absence of application fee, application will not be considered.) Contact Persons: Bank Of India: P. K. SHARMA (Ph-022-66684452) ;AMIT D MANGAR (Ph.-022-66684455) Architect & Project Management Consultants : M/s Hiten Sethi Architects Pvt. Ltd. Ms. Tejaswini & Shweta ( 022-27525377)

TENDER NOTICE NO FOR CONSTRUCTION OF Redevelopment of Bank of India Residential Quarters at Plot no.3&3.2, Sector13, Nerul, Navi Mumbai. Bank of India invites sealed tender offer from reputed Civil Contractors/ Companies/ Firms for the Construction of redevelopment of Residential Quarters at Plot no.3&3.2, Sector- 13, Nerul, Navi Mumbai The reputed Civil Contractors / Companies/ Firms registered in unlimited class with PWD, CPWD, CIDCO, State Government, Central Government departments etc. & who have successfully executed such types of works need only apply. Sr.

Project Description

No. 1.

Redevelopment of Bank of India Residential Quarters at Plot no.3&3.2, Sector- 13, Nerul, Navi Mumbai.

Estimated

Cost

of Earnest Money Time

Project RS. 450000000.00

Deposit

Period

Rs.4500000.00

24 Months

(Rs. 45 crores Only)

( Rs Forty five Lacs Only)

Tender Forms can be purchased from the office ofThe Asst. General Manager, Premises Department, Head Office, Bank of India, Star House, 1st Floor, West Wing, C-5, ‘G’ Block, BandraKurla Complex, Bandra (E), Mumbai – 400 051, on payment of Rs. 20000/- (non refundable) in the form of Pay Order in favour of Bank Of India, Mumbai from 21.12.2012 to 15.01.2013 (except Sundays & Holidays ) during office working hours between 10.00 a.m. to 3.00 p.m.(10.00 a.m. to 1.00 p.m. on Saturdays) . Tender forms can also be downloaded from Bank’s web-site. If the tender forms are downloaded from web site, the tenderer should submit a demand draft/ Pay Order of Rs.20000/favoring Bank of India, Mumbai failing which their tender is liable for rejection. A pre-bid meeting will be held at 2.30 P.M. on 07.1.2013 in the office of The General Manager, Premises Department (Technical), Bank of India, Head Office, Star House, C-5, “G” Block, Bandra-Kurla Complex, Bandra (East), Mumbai – 400 051 to give clarifications and decision in connection with any issues or doubts raised by the tenderers. The tenderers should send a list, in duplicate, of any clarifications or decisions they need so as to reach the Architects not later than 2.30 p.m. on 2.01.2013. The purpose of the pre-bid meeting is to ensure that the bids will be submitted without any conditions.

The Sealed tender should be submitted in the tender boxes available at the Head Office of Bank of India, Premises Dept, Star House,1st Floor, West Wing, C-5, G-Block, Bandra Kurla Complex, Bandra (east), Mumbai-400 051 on or before 15.1.2013 up to 3.00 pm.& will be opened on the same day at 3.30 pm. if possible. Tenders submitted through post or private courier will not be accepted. The rates shall be filled both in words and figures On opening the technical bid if it is found that the applicant has not submitted the cost of tender and/or the EMD of requisite amount their application will be rejected and will not be processed further. M/s Bank of India reserves the right to accept or reject any or all the tenders without assigning any reason thereof.

Yours faithfully,

For Bank of India Asst. General Manager

To The General Manager, Bank of India, Premises Department Head Office. Dear Sir,

I/We have read and understood the press notice and the notification in Bank’s web-site for Pre-qualification and instructions to the Applicants. I/We do hereby declare that the information furnished in the proforma and in the supplementary sheets are correct to the best of my/our knowledge and belief.

Yours faithfully, Signature: Name: Designation: Address: Seal:

CRITERIA FOR PRE-QUALIFICATION Sealed tenders are invited from established and reputed Companies / Firms who are technically capable and financially sound with unlimited class registration as specified below to Bid for Redevelopment of Bank of India Residential Quarters at Plot no.3&3.2, Sector13, Nerul, Navi Mumbai. Scope of work: The entire project shall include the following items of work: • Earthwork • Complete Civil Work including foundations, high grade concreting, painting (external and internal), POP work, flooring of vitrified tiles / PVC / Granite / Marble / Ceramics / other stones. • RCC works like slabs, columns, beams, shore piling ( Structural steel and RCC • Plumbing works (External and Internal), water supply, drainage and sanitation. • Electrification (External and Internal) including substations, transformers, HT/LT Switch gears, cabling etc. • High Speed Elevators – Fire Fighting • Landscaping and development works • Fire detection and Fire alarm systems • Installation of security gadgets, (Access Control) • Installation of RCC / aluminum Louvers • Structural Glazing Cladding • Granite dry cladding • Ramp and Podiums • Interior Works and POP works( As per prescribed scope of work ) • Doors and Windows • Demolition of existing structure as indicated in drawings A very high standard of workmanship and speed of construction is expected for this project.

Eligibility Criteria: The Companies / Firms that fulfill the criteria as given below shall be eligible : 1. a. The Company should be either a Public Limited Company or a Private Limited Company registered under the Indian Companies Act 1956. b. The Company / Firm should have registration with PWD / Railways / CIDCO / CPWD /any other Public Sectors unlimited class. 2. The Company / Firm should have average financial turnover of Rs. 50 crore on construction work during the last three years ending 31st March 2012. The Balance sheet certified by CA to be produced. 3. Reports on financial standing of the Company / Firm, annual turnover of the Company / Firm, profit and loss statement and auditors report for last three years.( Audited Balance sheets to be submitted) 4. The company should have their head office in Mumbai / Navi Mumbai 5. The Contracting Company / Firm should have satisfactorily completed during last 7 years ending 31th March 2012 at least three (3) major multistoried buildings or similar type of work of individual contract value not less than Rs.20 crore or two (2) similar works of individual contract value not less than Rs.25 crore or One (1) similar works of individual contract value not less than Rs.40 crore. Out of the projects submitted, at least one (1) such work should be for Government / Public Sector undertaking of value not less than Rs.20 crore. The said projects should have been executed in Mumbai / Navi Mumbai region. Note=The contractors should provide proper documentary proof in support of satisfactory completion of similar works in terms of Letter of award, Completion certificate from the clients indicating the date of commencement, date of completion & estimated & actual cost of execution of the work failing which it may be treated that they have not completed such works. 6. Bank Solvency Certificate of Rs.25 crore and authority to seek references from Company’s / Firm’s bankers and evidence of adequacy of working capital for this contract. 7. Should possess major construction equipments like weigh batching plant, tower crane, tower mobile crane etc. 8. Should possess and furnish technical personnel sufficient for execution and also to furnish the proposed to be engaged for site management, technical personnel for supervision and execution of the project with their qualifications and experience. 9. Should possess valid license for executing water supply, sanitary, drainage works and electrification works.

10. Joint Venture / Consortium for this project of two or more firms and companies is not allowed. 11. ISO Certifications is mandatory 12. Other contracting Company / Firm who have been black listed / debarred / removed from any Govt. Organizations, or whose contract has been rescinded during last three years or undergone major litigation regarding debarring them or rescinding of them for contracting in any court of law shall not be considered for the tender. 13. The Biding capacity of the bidder should be equal to or more than the cost of work. 14. Confidential reports from previous employers will be sought by client. 15. A committee comprising Bank’s representative, Architects representative would inspect the work executed by the firms. The visit is to ascertain quality, workmanship & ability of the contracting firm. 16. The firm / company should have registration with service tax, VAT, PF, ESIC and Prof.Tax. 17. The firm should produce returns of IT for the last three years INSTRUCTIONS TO APPLICANTS 1. While deciding upon the pre-qualification of contractor emphasis will be given on the ability and competence of applicants to do good quality work within the specified time schedule. 2. Each page of the application shall be signed. The application shall be signed by person/persons on behalf of the organisation having necessary authorisation / Power of Attorney to do so. 3. If the space in the proforma is insufficient for furnishing full details, such information may be supplemented on separate sheets of paper. 4. Applications containing false and/or inadequate information will be liable for rejection. 5. Clarifications, if any required, may be obtained from Bank of India, Head Office, Premises Department, C 5, G Block, Bandra Kurla Complex, Bandra (East), Mumbai. Tel Nos: Shri Pramod Kumar Sharma /Shri Amit D Mangar at 66684452 /66684455. 6. Mere fulfillment of minimum eligibility criteria will not entitle Pre-qualification as pre-qualification will be done after taking into account various parameters including receipt of satisfactory reports from clients. 7. Decision of the Bank in regard to pre-qualification of contractor shall be final. The any

Bank reserves the right to reject any or all applications without assigning reason thereto.

BASIC INFORMATION : 1. 2.

Name of the firm / company Address of firm/ company:

3.

Telephone number= Mobile nos= Fax nos= Email address= Authorised Signatories with name and signature:

5.

6.

Yearly turnover of the Organization during last 3 years. (year wise)

Rs. Rs. Rs.

Income Tax No. Permanent A/c No Service Tax registration No. VAT registration No. PF registration No. ESIC registration No. Profession Tax registration No. (Encl Documentary evidence)

EXPERIENCE DETAILS : (submit the certificate of proof of having executed works from Client) Sr.No Name of completed 1

the

ProjectName & full postal address of Value of Work (Rs.) the Client..

2

3

Signature of the Applicant with full name and seal

CLARRIFICATIONS The Tenderers shall take care to price their tender rationally. Extreme underpricing or overpricing of individual items will be considered adversely in the assessment of tenders. The tenderer shall provide rate analysis of any items within five working days of a demand made by the Architect/PMC within the period of validity of tenders failing which EMD submitted along with the tender will be forfeited. 2. The owner is not bound to accept the lowest or any tender and reserves the right to accept or reject any or all tenders, either in whole or in party without assigning any reason for doing so. QUANTITIES The quantities set out in the Schedule of Quantities are the estimated quantities of the work and they are not to be taken as the actual and correct quantities of the Work to be executed by the Vendor in fulfillment of his obligations under the Contract. The quantities in Schedule of Quantities can vary to any extent & this shall not affect the accepted unit rates. INDEMNIFICATION AND INSURANCE :The owner at all times stands indemnified by the contractor for any loss what so ever to the Bank ( The Employer ) / to it's property by theft, fire and / or earthquake, injury / death of the workers, Bank’s Employees and third party and the contractor shall obtain C.A.R. policy in joint name first being that of the owner. Unless otherwise instructed the Contractor shall insure the works and keep them insured until the virtual completion of the contract against loss or damage by theft, fire and / or earthquake, flood etc. The insurance must be taken from a company approved by the Owner, in the joint names of the Owner and the Contractor for such amount and for any further sum if called to do so by the Owner, WRITTEN GUARANTEE FOR THE SPECIALISED WORKS :Wherever provision for submission of a written guarantee has been advised, the same shall be submitted from the specialized agency along with a counter guarantee by the main Contractor engaged for the work before receiving any payment from the employer, against such items of work be furnished on a non-judicial stamp paper of appropriate value. The guarantee shall however come into the force from the date of the completion of the entire contracted work. 1.

TECHNICAL EXAMINATIONS :The proposed work covered under this tender during its progress or after completion is subject to inspection/examination by the Chief Technical Examiner / Technical Examiner, Central Vigilance Commission, Govt. of India or by an Auditor, Officer of the vigilance Cell of the Authority, on behalf of the Engineer-incharge. The Contractor will be required to extend all co-operation, assistance and facilities for such inspection and thereafter complying their observation. All the observation of such authorities will be final and binding on the Contractor. If as a result of this examination or otherwise any sum is found to have been overpaid or over certified it shall be lawful for the owner to recover the same. The owner shall have also right to cause a technical scrutiny of the works and the bills of the contractor including all supporting vouchers, challans, abstracts etc. If as a result of this scrutiny any sum is found to have been overpaid or over certified it shall be lawful for the owner to recover the same. GOVERNMENT AND LOCAL RULES :-

The Contractor shall conform to the provisions of all local Bye-laws and Acts relating to the work and to the Regulations etc. of the Government and Local Authorities and of any company UNDER WHOSE JURISDICTION the work is to be carried out. The Contractor shall give all notices required by said Act, Rules, Regulations and Bye-laws etc. and pay all fees payable to such Authority/authorities for execution of the work involved. The cost, if any, shall deemed to have been included in his quoted rates, taking into account all liabilities for licenses, fees for footpath encroachment and restoration etc. and shall indemnify the owner against such liabilities and shall defend all actions arising from such claims or liabilities. THE RIGHT TO SITE OF CLIENT a) The Client reserves the right to use the premises and any portion of site for execution of any work not included in this contract which the Client may desire to get executed by other agencies. The Contractor shall allow all reasonable facilities for the execution of such work but shall not be required to provide any plant or materials for which work except by special arrangement with the Client in such a manner as not to impede the progress of the works included in this contract and the Contractor shall not be responsible for any damage or delay which may happen or be occasioned by such work. b) The Contractor shall not be permitted to enter on (other than for inspection purpose) or take possession of site until instructed to do so by PMC/Client in writing. The portions of the site to be occupied by the Contractor shall be defined and / or marked on the site plan failing which these shall be indicated by the PMC/Client at site and the operations beyond the areas, in respect of any land permitted by the Client for the use of the Contractor for the purpose of or in connection with the contract, the same shall be subject to the following and such other terms and condition as may be imposed by Client. The use or occupations of such shall not confer any right of tenancy of the land to the Contractor. c) The Contractor shall have no right to put up any construction of his own of any nature or type on Client’s land except temporary constructions for storage of equipments for the work under the contract or as a resting place for the laborers employed by him for the work provided that he obtain the requisite previous permission they would be entitled to refuse in their absolute discretion. Such construction will be erected at the contractor’s own cost. If any electricity is used in any such construction the Contractor shall pay for the same. The Contractor shall at his own cost demolish all such constructions and remove the debris thereof. As also all his materials and equipments and clean and level the site thereof before handing over the completed work to the PMC/Client. d) The Client shall be entitled to and will be at liberty to occupy even the partially completed portion of the work by themselves or through their agents and servants if they so desire. Necessary extension of time for completing the work shall, however, be granted to the Contractor but he shall have no claim for any compensation whatsoever due to the delay, if any involved in completing the work on account of partial occupation. MOCK – UP The Contractor shall prepare a mock – up of each item, if required, strictly in accordance with the specifications free of cost, for approval of PMC/ Client/

Architect/ Structural Consultant. The work on these items shall proceed further only after the approval of the mock – up. AD-HOC PAYMENTS:ad-hoc amount i.e. 75% of running bill amount can be released by the owner within seven days from the date of receipt of the certificate from Architect. LIASSONING WITH STATURTY AUTHORITIES The Contractor shall be responsible for taking the approvals / NOC’s from the statutory bodies like NMMC, Fire Departments, CIDCO, Ward Offices or any other Statutory approval authority and the official charges of these departments shall be reimbursed by the bank on production of necessary documentary evidence in the form of challans & receipts. The successful contractor will indemnify the bank / Architect for any problems arising out of such approvals. Also the out-of-pocket expenditure for getting such approvals / NOC’s shall be managed and paid by the contractor and no extra claim whatsoever shall be entertained. The Architect shall assist the contractor in making available the necessary drawings proposed by him for submission to these departments if required and the bank shall make the contractors available the necessary documents / papers required for submission. However the necessary follow-up / liasoning shall be the responsibility of the contractor. Any damage arising out of strict action of any of these departments shall be the sole liability of the contractor. a) Contractor to liaison and obtain required permissions from local statutory authorities for carrying out the entire work. All required documentation that will be necessary for obtaining the requisite permissions from the concerned office shall be prepared and submitted by the Contractor. Any statutory fees that may arise in lieu of obtaining permission from BMC will be paid by Client against demand notice issued. b) The work shall be considered “Virtually Complete” only after the Contractor submits to Client the following documents obtained by him through his licensed plumber: Drainage Completion Certificate and septic tank Completion Certificate by the Local Municipal Corporation. Approval for obtaining dry fittings & wet fitting permission and permanent water supply connection. Necessary Certificate under prevailing section of Municipal Act from the concerned Municipal Authority for adequate water supply to the building. NOC from concerned Fire Authority (Under chief fire Officer or as applicable) towards compliance of the conditions of the fire fighting system specified by the authority for the building. To assist Client and provide necessary laisioning with the Municipal Authority for obtaining Occupation Certificate & / or building Completion Certificate as applicable as per the bylaws. DECLARATION :I / We have inspected the site of works and have made me/us fully acquainted with the local conditions in and around the sites works. I / We hereby declare that I/We have gone through the conditions laid down in the Notice Inviting Tender, General Conditions of Contract, Technical Specifications and understood the same on the basis of the same I / We quoted our rates in the schedule of quantities with the tender document.

I / We shall also uniformly maintain such progress with the work, as may be directed by the Owner to ensure completion of the same within the target date as mentioned in the tender document. Date

Witness : ________________

Signature of Tenderer Address

Issued to M/s. ____________________________________________________ ____________________________________________________

BANK OF INDIA PREMISES DEPT., STAR HOUSE, C-5, G-BLOCK, BANDRA KURLA COMPLEX, MUMBAI-400 051

Name of the work : Redevelopment of Bank of India Residential Quarters at plot no.3&3.2, sector- 13, Nerul, Navi mumbai

VOLUME – I (CONTRACT CONDITIONS)

Due on : ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

CONTRACT CONDITIONS VOLUME – I CONTENTS

SR. NO.

PARTICULARS

1.

INSTRUCTIONS TO TENDERER

2.

TENDER FORM

13

3.

GENERAL CONDITIONS OF CONTRACT

23

4.

SPECIAL CONDITIONS OF CONTRACT

141

5.

SCHEDULE – A

167

6.

FORM OF AGREEMENT

171

7.

LIST OF DRAWINGS

181

VOLUME – I

PAGE NO.

INDEX

3

1 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

2 SEAL OF TENDERER

INDEX

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

VOLUME – I INSTRUCTIONS TO TENDERER

VOLUME – I

INSTRUCTIONS TO TENDERER

3 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

4 SEAL OF TENDERER

INSTRUCTIONS TO TENDERER

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

INSTRUCTIONS TO TENDER VOLUME – I CONTENTS

IT.1.0

GENERAL

7

IT.2.0

TENDERER TO STUDY DOCUMENTS AND VISIT SITE

8

IT.3.0

SUFFICIENCY OF TENDER

8

IT.4.0

EARNEST MONEY DEPOSIT (EMD)

8

IT.5.0

METHOD OF TENDERING

8

IT.6.0

TENDER TO BE VALID FOR

10

IT.7.0

OPENING OF TENDER

10

IT.8.0

AGREEMENT

10

IT.9.0

PROCEDURE FOR REJECTION

10

VOLUME – I

INSTRUCTIONS TO TENDERER

5 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

6 SEAL OF TENDERER

INSTRUCTIONS TO TENDERER

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

VOLUME – I INSTRUCTIONS TO TENDERER

IT.1.0

GENERAL

IT.1.1

Tender shall be issued by BANK OF INDIA on payment of Rs. 20,000/- (Twenty Thousand only) by D.D towards the cost of tender documents in favour of BOI, Mumbai.

IT.1.2

The documents consisting of followings and being issued in parts or all together : 1.

Volume – I Contract Conditions

2.



Instructions to Tenderer



Tender form with Appendix TF



General Conditions of Contract



Special Conditions of Contract



Schedule 'A' for basic rate



Form of Agreement



List of Drawings

Volume – II Technical Specifications

3.



Architectural



Structural



Services

Volume – III Bills of Quantities

IT.1.3

4.

Drawings

5.

Soil investigation report

6.

Addenda / Corrigenda / Clarifications as and when if issued

Modifications in any of the above documents will be made by addenda/corrigenda, copies of which will be sent in duplicate to each tenderer before the due date of the tender. One copy shall be signed, sealed and packed along with tender documents. Tender documents to be submitted as detailed hereafter. The tenderer shall not make any additions/deletions to or amend the text of the documents except in so far as may be necessary to comply with any addenda / corrigenda issued. The tenderers shall use only tender documents as issued for submitting his quote in desired proforma and shall comply to various conditions of contract.

IT.1.4

E-mail, Fax, Telex or Telegraphic tenders shall not be entertained.

IT.1.5

The tender shall be submitted in English. All accompanying literature and correspondence shall be in English.

IT.1.6

No claim for costs, charges, expenses incurred by the tenderer in connection with preparation of tender submission and for subsequent clarifications of their tender shall be accepted.

VOLUME – I

INSTRUCTIONS TO TENDERER

7 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

IT.2.0

TENDERER TO STUDY DOCUMENTS AND VISIT SITE

IT.2.1

Submission of the tender by the tenderer implies that he has read tender documents listed in clause IT 1.2 and has made himself aware of the scope specifications of the work, conditions of contract, drawings and other reports if any and also the site environment.

IT.2.2

Tenderers are requested to inspect and examine the site and its surroundings before submitting tender so as to satisfy themselves about a)

Nature of ground and soil conditions (so far as practicable).

b)

Means of access to the site.

c)

Accommodation they may require for staff/labour at and around site.

d)

Water and Electricity requirements for construction and for staff/labour etc.

e)

Risk, contingencies, safety regulations to be followed and any other circumstances.

f)

Local conditions and other factors affecting the works.

g)

Acquaint himself with local hydrological and climatic conditions.

h)

Acquaint himself with Rules and Regulations of Local authorities including traffic, airport authorities or any other if any.

IT.2.3

The Tenderer shall be deemed to have full knowledge of documents and site and no extra charges consequent on any misunderstanding or otherwise shall be allowed.

IT.2.4

Questions regarding the meaning of any of the tender documents and discrepancies shall be directed to the Employer in writing. All clarifications, interpretations, meanings and specific directions if any shall be issued in duplicate in writing to all the tenderers by the Employer. One copy of these shall be returned duly signed and seal affixed along with tender submission.

IT.3.0

SUFFICENCY OF TENDER

IT.3.1

The Tenderer shall be deemed to have satisfied himself before tendering as to the correctness and sufficiency of his tender for the works and about the rates and prices quoted by him, and except in so far as it is otherwise provided in the contract, cover all his obligations under the contract and all matters and things necessary for proper execution and maintenance of the works.

IT.4.0

EARNEST MONEY DEPOSIT (EMD)

IT.4.1

Tender must be accompanied by earnest money deposit either in the form of D.D. or Pay Order from nationalised bank only in favour of the Employer and shall be interest free. Amount of EMD and its validity period shall be as given in Appendix TF to TENDER FORM, from the date of submission of tender or as extended by mutual agreement.

IT.4.2

The EMD deposited by the successful tenderer shall be held back towards the security deposit till as per provision of contract conditions.

IT.4.3

Tenders not accompanied by Earnest Money Deposit shall be rejected.

IT.5.0

METHOD OF TENDERING Each and every paper of tender documents shall be signed by the authorized person(s) and seal affixed. Person signing shall write in capital letters his full name designation, current and main office address.

IT.5.1.0

Authority of Signing

IT.5.1.1

If the tender is submitted by an individual, it shall be signed by him.

8 SEAL OF TENDERER

INSTRUCTIONS TO TENDERER

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

IT.5.1.2

If the tender is submitted by a proprietary firm, it shall be signed by the proprietor.

IT.5.1.3

If the tender is submitted by a partnership firm, it shall be signed by all the partners of the firm or by a partner holding the power of attorney for the firm for signing the tender, in which case, a certified copy of power of attorney shall accompany the tender.

IT.5.1.4

If the tender is submitted by a limited company or a corporation, it shall be signed by a duly authorised person or the person holding the power of attorney for signing the tender, in which case a certified copy of the power of attorney shall accompany the tender.

IT.5.1.5

All witnesses and sureties shall be persons of respectable status and probity and their full name, occupations and addresses shall be stated below their signatures.

IT.5.2.0

Stating of Rates

IT.5.2.1

The tender shall be filled in English with a neat hand and all the figures and words shall be legible.

IT.5.2.2

The rates shall be written both in words and in figures. The tenderer shall also show the amount of each item, the total of each section and the grand total of the whole tender.

IT.5.2.3

Correction, if any, shall be made by crossing out, initialing, dating and rewriting.

IT.5.2.4

In case of conflict between the figures and words in the rates, the latter shall prevail.

IT.5.2.5

The tenders will be verified for accuracy in the arithmetical calculations. Any tender with arithmetical mistakes will be corrected on the basis of the quantities of work given in the tender form and the unit prices quoted by the tenderer in words.

IT.5.3.0

Unbalanced Unit Rates

IT.5.3.1

In the case of a tender where the unit prices of any item appears unrealistic, such a tender will be considered as unbalanced. The Employer reserves the right to call for the rate analysis in such items which are in his opinion, unbalanced and the tenderer is required to give them in a specified format. In case the tenderer is unable to provide satisfactory explanations, the Employer reserves the right to disqualify such a tender and forfeiting EMD without prejudice to any other right for failure on part of the tenderer.

IT.5.4.0

Packing and Submission

IT.5.4.1

The Tenderer shall be submitted on and at address given in Appendix TF to Tender Form. Any tender received after this date and time shall not be accepted. Tenders shall be packed, marked and sealed and submitted in original plus 1 copy of; a)

Cover ‘B’

b)

Cover ‘A’

with documents listed below. IT.5.4.2

VOLUME – I

Cover A shall contain a)

Earnest Money Deposit – EMD

b)

Tender cost in case the tender is downloaded from website.

c)

The Covering letter giving undertaking that Tender Form is duly completed, signed and sealed for entering into agreement with terms and conditions for this contract.

INSTRUCTIONS TO TENDERER

9 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

IT.5.4.3

d)

Volume I – Contract Conditions, Volume II – Technical Specifications, Soil investigation report, Addenda / corrigenda / clarification / amendments / corrections issued before due date of tender and tender drawings duly signed and sealed (in token of acceptance of documents) as detailed in clause IT 5.1.0 and 5.2.0 and covering letter spelling out tenders reservation, if any, alternative design, comments on value engineering if any.

e)

Further the Tenderer shall be required to submit i)

Organisation structure along with CV’s of key persons at site.

ii)

Methodology of executing work.

iii)

Programme

iv)

Name of specialist subcontractor proposed to be used with their CV’s.

Cover B shall contain a)

Volume – III Bills of Quantities, duly completed with item quantities, rates, and amount, grand total as detailed in clause IT.5.1.0 and IT.5.2.0

IT.5.4.4

The Tender shall be submitted on and at address given in Appendix TF. Any tender received after this date may not be accepted. Tenders shall be packed, marked and sealed and submitted in original with documents listed above.

IT.6.0

TENDER TO BE VALID FOR Rates quoted by the tenderer and the earnest money deposit submitted shall be valid for a period as given in Appendix TF from the date of submission or till an extended date mutually as agreed on expiry of the said period. The Tenderer shall not withdraw or revise or alter any conditions, rate(s) quoted within a stated period, unless he is called upon to do so in mutual agreement / negotiations. The Employer reserves the right to forfeit the earnest money deposit if the tenderer revokes or withdraws the tender within a stated period.

IT.7.0

OPENING OF TENDER

IT.7.1

To be opened in confidence.

IT.8.0

AGREEMENT

IT.8.1

The successful tenderer shall be bound to implement the contract on receipt of intimation of acceptance from the Employer and he shall sign an agreement in accordance with as per enclosed draft agreement within 14 days. However till formal agreement is not signed, acceptance by the Employer together with tender form by the tenderer shall constitute a binding contract between them. Upon the finalization of rates & Conditions of contract , Letter Of Intent, Work Order and agreements of Contract will be made between Finalized Tenderer and BANK OF INDIA.

IT.8.2

The successful tenderer shall bear stamp duty and other expenses pertaining to preparation and execution of contract document/agreement.

IT.9.0

PROCEDURE FOR REJECTION

IT.9.1

The Employer reserves the right to accept or reject any tender or reject all tenders without giving any reasons for their decision.

IT.9.2

Tenders are liable to be rejected in which any of the particulars/ prescribed information is either missing or incomplete in any respect and or if the prescribed conditions are not fulfilled.

10 SEAL OF TENDERER

INSTRUCTIONS TO TENDERER

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

IT.9.3

Canvassing in connection with tender is strictly prohibited and tender submitted by tenderers who resort to canvassing will be liable to rejection.

IT.9.4

Tenders containing uncalled for remarks or any additional conditions are liable to be rejected. Tenderer shall not revise, add, omit or assume any thing other than detailed in tender. Employer reserves the right to ignore such additions, deletion other than brought out in covering letter packed in cover A, by the tenderer.

*****

VOLUME – I

INSTRUCTIONS TO TENDERER

11 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

12 SEAL OF TENDERER

INSTRUCTIONS TO TENDERER

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

VOLUME – I

TENDER FORM

VOLUME – I

TENDER FORM

13 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

14 SEAL OF TENDERER

TENDER FORM

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

TENDER FORM

TO, BANK OF INDIA, H.O. PERMISES DEPARTMENT, STAR HOUSE, 1ST FLOOR, WEST WING, C-5, G-BLOCK, BANDRA KURLA COMPLEX, BANDRA (EAST), MUMBAI-400 051.

SUB : PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5&C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI.

Dear Sir,

(a)

Having examined the Instructions to Tenderers, Conditions of Contract, Specifications, Bills of Quantities, Drawings; familiarised ourselves with land surface, sub surface, metrological, climatological, environmental condition, we, the undersigned offer to execute completely and maintain the whole of the works in conformity with the documents listed in IT1.2 and IT2.0. In complying execution, we, do hereby confirm to carryout surveys, procurement, construction, installation, testing, pre-commissioning, startup and commissioning as per the contract document. The work covered under the contract documents shall be completed to the entire satisfaction of yourself or your representatives at the prices and schedule of rates accompanying this tender.

(b)

Earnest Money Deposit (EMD) as given in APPENDIX TF in the form of D.D. / Pay order in favour of Bank of India, Mumbai as detailed in Tender Conditions is enclosed.

(c)

We agree to abide by this tender for the period given in APPENDIX TF from the opening date fixed for receiving the same and it shall remain binding upon us for a mutually extended period agreed in writing by us.

(d)

If our tender is accepted, we undertake to commence, complete and deliver the whole of the Works, comprised in contract within specified periods in APPENDIX TF from receipt of the work order in writing from the Employer.

(e)

If our tender is accepted we will, obtain and arrange;

VOLUME – I

1.

Security Deposit and Performance Security as defined.

2.

Insurances.

3.

Labour Licenses.

4.

All statutory obligation, if any, as a contractor prior to commencement of work as stated in (d) above.

TENDER FORM

15 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

(f)

We agree to your right to forfeit our EMD without prejudice to any other right or remedy for the following failures on our part. 1.

EMD is less than as specified in Appendix TF.

2.

Withdrawal or Changes to tender are made within Validity Period as specified in APPENDIX TF.

3.

Work is not commenced within specified period as given in APPENDIX TF

4.

Obligations under (e) above are not fulfilled.

5.

Fails to sign the prescribed agreement within time specified.

6.

We seek modification to agreed terms and conditions after issue of Work Order / Letter of Intent.

(g)

Unless and until a formal Agreement is prepared and executed, this tender together with your written acceptance thereof, shall constitute a binding contract between us.

(h)

We understand that you are not bound to accept the lowest or any tender you may receive.

(i)

We represent that we have physically visited the site and fully satisfied ourselves as to the nature and location of the Works having in mind the general and local conditions and other factors incidental to the performance of the works and the costs there of.

(j)

We further represent that from our own investigation of the site of the works we have fully satisfied ourselves with respect to scope of work and other conditions to be encountered in the performance of the works and we understand and represent that any failure to acquaint ourselves in respect of these matters and the other factors and conditions as set forth shall not relieve us from any responsibility for estimating properly the difficulty and cost of successfully performing the works.

(k)

We also acknowledge and accept that you shall not pay for any discontinuance or low works performance rate resulting from malfunction of / or inadequacy of our equipment, instruments or personnel.

(l)

We agree to return you all reports and technical data provided for our use in preparing this tender and in the subsequent conduct of the works. We undertake that we will not use the same for any other work / purpose.

(m)

We further represent that we have familiarized ourselves with all the terms and provisions of the various parts of the bidding documents and that in making our tender, we do not rely upon any representation made by any agent or employee of yourselves in respect of the terms of the bidding documents or the nature of the performance of the works.

(n)

We submit this bid with the fully understanding that our offer fully complies with the bidding documents requirement and that no deviation / exception to the bidding documents have been taken by us except noted in covering letter. We also agree that in case we have taken any exceptions / deviations to the bidding documents, the Employer will be free to reject our offer on account of such exceptions / deviations.

16 SEAL OF TENDERER

TENDER FORM

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

Authorised signatory to tender

Signature dated Designation/Capacity Name

ADDRESS

WITNESS 1

Signature

ADDRESS

Name

DATE WITNESS 2

Signature

ADDRESS

Name

DATE

*****

VOLUME – I

TENDER FORM

17 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

18 SEAL OF TENDERER

TENDER FORM

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

APPENDIX – TF SR. NO.

PARTICULARS

1.

Validity of Tender

2.

Tender Issuing Authority

CLAUSE NO.

IT 6.0

REMARKS

6 months from date of Tender Opening Bank Of India, Head Office, Premises Dept, Star House, 1st Floor, West Wing, C-5, GBlock, Bandra Kurla Complex, Bandra (E), Mumbai-400 051. On __________ at _____ hrs.

3.

Address for Submission

IT 5.4.0

Bank Of India, Head Office, Premises Dept, Star House, 1st Floor, West Wing, C-5, G-Block, Bandra Kurla Complex, Bandra (E), Mumbai400 051.

of Tender

4.

Opening of Tender

IT.7.0

CONFIDENTIAL

5.

Period of Commencement of works from Employer's work order

2.1.0

Within 7days of issue of work order

6.

Time / Period of Completion

2.2.0

24 months

7.

Penalty for delay

2.6.0

i)

0.5% of Contract value per week.

ii)

Limited to maximum 5% of Contract Value.

2.2.1

8.

EMD

IT.4.0 3.1.1

9A.

Amount of Security Deposit / Retention Money

3.1.2 9.3.0 9.3.1 9.3.2

45 LACS in form of DD / Pay Order of Nationalised Bank as noted in IT 4.1. i)

Initial Security Deposit 2% of Contract Price immediately on award of works including EMD.

ii) Retention Money 8 % of Contract Price at prorata percentage starting from RA Bill

9B.

VOLUME – I

Performance Security

3.1.3

Deleted

2.8.7

Deleted

9.3.1

Deleted

TENDER FORM

19 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI SR. NO.

PARTICULARS

CLAUSE NO.

REMARKS

10.

Material Advance

3.2.3

75% of non perishable material brought at site.

11.

Mobilisation Advance

3.2.0

Deleted

9.3.6.2

Deleted

12.

Mobilisation Period

9.1.6

15days from date of award.

13.

Submission of Interim Bill / R A Bills

3.4.0

Once per month. Minimum Value of Interim Bill shall be Rs.2.50 Crores.

9.3.5.1 14.

Time within which payment to be made after submission

3.4.6

Within 20days after submitting bill on joint measurements and certifying by the Architect.

15.

Submission of Final Bill

3.4.3

Within 45 days of receipt of taking over certificate from the Architect as per 2.7.0.

2.7.3 16.

Time for Certification of Final Bill

3.4.6

Within 60 days of Submission.

17.

Time for payment of Final Bill

3.4.6

Admissible payments within 90 days after certification.

18.

Programme Submission

9.5.0

Within 7 days of issue of work order

19.

Insurances

9.25.0

Following minimum cost insurance shall be obtained.

7.5.0 •

CAR Policy

•

Third Party

of

Project cost. All insurance policies to remains in force till completion of contract period for full amount.

i)

Personal

To be done

ii)

Accident

To be done

20.

Type of Contract

9.4.0

Item rate contract (remeasured)

21.

Price Escalation

3.11.0

As per PVA clauses

9.12.0 22.

Basic Rates

3.10

As specified in Schedule ‘A’

23.

Water supply

9.14.1

Contractor to make his own arrangement

24.

Electricity supply

9.14.2

Contractor to make his own arrangement

25.

Use of water / electricity by other contractors

9.14.5

As per direction of Architect.

20 SEAL OF TENDERER

TENDER FORM

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI SR. NO.

PARTICULARS

CLAUSE NO.

REMARKS

26.

Space for Accommodation for Labour and Staff of Contractor

9.23.0

As per special condition clause from washing & bathing clause

27.

Space for site office and yard

9.14.3

As per special condition clause

28

Architect / Client office

9.14.4

Provided by the contractor as directed

29.

Defect Liability Period /

2.8.0

12 months

9.1.5.4

MUMBAI

Maintenance Period 30.

Jurisdiction

31.

Prebid Meeting

Bank Of India, Head Office,

Address, Date and Time

Premises Dept, Star House, st

1 Floor, West Wing, C-5, G-Block, Complex,

Bandra

Kurla

Bandra (E), Mumbai-400 051.

SEAL AND SIGNATURE OF TENDERER

*****

VOLUME – I

TENDER FORM

21 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

22 SEAL OF TENDERER

TENDER FORM

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

GENERAL CONDITIONS OF CONTRACT VOLUME – I

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

23 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

24 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

GENERAL CONDITIONS OF CONTRACT VOLUME – I INDEX

1.

DEFINITIONS AND INTERPRETATIONS

27

2.

COMMENCEMENT, COMPLETION AND DELAYS

41

3.

PAYMENTS, CERTIFICATE

59

4.

REMEDIES AND POWERS

77

5.

GENERAL OBLIGATIONS OF THE CONTRACTOR

91

6.

SITE SUPERVISION

107

7.

LABOUR AND INSURANCE

119

8.

SAFETY CODE

129

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

25 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

26 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

GENERAL CONDITIONS OF CONTRACT VOLUME – I PART – I DEFINITIONS AND INTERPRETATIONS

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

27 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

28 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

GENERAL CONDITIONS OF CONTRACT VOLUME – I PART – I DEFINITIONS AND INTERPRETATIONS CONTENTS

1.0.0

DEFINITIONS

31

1.1.2

TENDER / CONTRACT

34

1.1.3

COST / RATES

34

1.1.4

COMMENCEMENT / COMPLETION

35

1.1.5

CERTIFICATES, TEST

35

1.1.6

SINGULAR AND PLURAL

36

1.1.7

GENDER

36

1.1.8

HEADINGS

36

1.2.0

LANGUAGE/S AND LAW

36

1.3.0

CONTRACT DOCUMENTS

36

1.3.2

ORDER OF PRECEDENCE

36

1.3.3

DOCUMENTS MUTUALLY EXPLANATORY

37

1.3.4

BILLS OF QUANTITIES

37

1.3.5

DRAWINGS / DOCUMENTS ETC.

37

1.3.6

FURTHER DRAWINGS AND INSTRUCTIONS

38

1.3.7

ASSIGNMENT

38

1.3.8

SUB-LETTING

38

1.3.9

INSPECTION OF SITE

39

1.3.10

NOTICES

39

1.4.0

SUFFICIENCY TENDER

39

1.5.0

SITE DATA

39

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

29 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

30 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

GENERAL CONDITIONS OF CONTRACT VOLUME – I PART – I DEFINITIONS AND INTERPRETATIONS

1.0.0

DEFINITIONS

1.1.1

In the Contract, as hereinafter defined, the following words and expressions shall have the meaning hereby assigned to them, except where the context otherwise requires.

VOLUME – I

(a)

"Employer" means the Bank Of India, Mumbai, who will employ the Contractor and the legal successors in title to the Employer or its assignees.

(b)

"Contractor" means the person(s), firm or company whose tender has been accepted by the Employer. Further it shall also mean as follows i)

In case of Partnership firm, "Contractor" shall mean ___________ __________________________ and _________________ trading as partners in the name and style of ________________________ ________________________ and having a place of business at _______________________ and shall include the partners for the time being of the said firm and the heirs, legal successors and legal representatives of each partner.

ii)

In case of Individual, "Contractor" shall mean Shri __________ _____________________________ trading in the name and style of ___________________________________________________ and shall include his heirs, successors and legal representatives.

iii)

In case of Company, "Contractor" shall mean __________________ _____________________________ a company legally incorporated under _____________________ and having its registered office at ______________________________________________ and shall include its successors and assigns.

(c)

"Architect" means Architect(s)/ Architect firm(s) designated, or other Architect(s) appointed from time to time by the Employer and notified in writing to the Contractor to act as Architect for the purpose of the contract, in place of the Architect(s)/ Architect’s firm(s) so designated. His duties shall be as detailed in special conditions.

(d)

"Project Manager" or "PM" means the Engineer(s)/ Engineering firm or designated other Engineer(s) /Engineering firm appointed from time to time by the Employer and notified in writing to the Contractor to act as Project Manager for the purpose of the contract in place of the Project Manager so designated. His duties shall be as detailed in Special Conditions of Contract.

(e)

"Resident Engineer" or "RE" means any resident engineer or assistant of the PM, or any clerk of works appointed from time to time by the PM to perform the duties set forth in special conditions of contract.

GENERAL CONDITIONS OF CONTRACT

31 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

(f)

"Engineer" means authorized assistant or deputy or subordinates appointed by the PM from time to time to RE. His duties shall be as given in writing by RE.

(g)

"Contract" means the Conditions of Contract, Specifications as well as such other documents as are specified in the document attached hereto as forming part hereof including the Conditions, Drawings, Priced Bills of Quantities, , Tender, work order and such further documents as may be expressly incorporated in the work order or the Contract Agreement.

(h)

"Subcontractor" means any person / company / agency (other than the Contractor) named in the Contract for any part of the Works, or any person / company / agency to whom any part of the Contract has been sub contracted with the consent of the Project Manager, and the Subcontractor's legal successors in title but not any assignee of the Subcontractor.

(i)

"Section" means a part of the Works specifically identified as such in the Contract.

(j)

"Drawings" means all drawings, calculations and technical information of a like nature provided and / or approved by the PM or his representative and the drawings referred to in the specification and any modifications of such drawings approved in writing by the PM and such other drawings as may, from time to time, be furnished or approved in writing by the PM to the Contractor under the Contract from time to time. (a)

"Employer's Drawings" means all the drawings and information provided by the PM to the Contractor under the Contract.

(b)

"Contractor's Drawings" means all drawings, samples, patterns, models and operation and maintenance manuals to be submitted by the Contractor in accordance with clause 6.2.2.

(k)

"Contract Agreement" means the document recording the terms of the Contract between the Employer and the Contractor.

(l)

"Plant" means machinery, apparatus, materials and all things to be provided under the Contract for incorporation in the Works.

(m)

"Contractor's Equipment" means all appliances or things of whatsoever nature required for the purposes of the Work but does not include Plant. Contractor's Equipment covers all items that the Contractor requires for the purposes of the Works or about the execution or maintenance of the works but are not intended to form a permanent part of the Works when completed.

(n)

"Gross Misconduct" means any act or omission of the Contractor in violation of the most elementary rules of diligence which a conscientious contractor in the same position and under the same circumstances would have followed.

(o)

"Force Majeure" has the meaning assigned to it under special conditions Sub-Clause 9.20.0.

(p)

"Employer's Risks" means those risks defined in Sub-Clause 4.3.1 and 5.8.1.

(q)

"Work" shall include both Permanent Works and Temporary Works or either of them as appropriate to be executed in accordance with contract and includes materials, apparatus, equipments, fittings, temporary supports and

32 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

things of all kinds to be provided under the obligations of the contractor hereunder and works to be done by the contractor under the contract. (r)

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

(s)

"Permanent Works" means the Permanent Works to be executed and maintained in accordance with the Contract.

(t)

"Specification" means the specification referred to in the Tender including relevant specification where so required and where such specification is not available, the specification approved by the PM and any modification thereof, or addition, thereto, as may from time to time be furnished or approved in writing by the PM.

(u)

"Site" means the land and other places, on, under, in or through which the Permanent Work designed by the Architect are to be executed and any other lands and places, provided by the Employer for working spaces or any other purpose which may be specifically designated in the contract as forming part of the Site.

(v)

"Approved" means approved in writing, including subsequent written confirmation of previous verbal written approval and "approval" means approval in writing including as aforesaid.

(w)

"I.S.S. or I.S.” means Indian Standard Specification.

(x)

"Notice in writing" or written notice shall mean a notice in written, typed, or printed characters sent (unless delivered personally) or otherwise proved to have been received by registered post to the last known private or business address and shall be deemed to have been received when in the ordinary course of post it would have been delivered.

(y)

"Act of Insolvency" shall mean any Act of Insolvency as defined by the Presidency Towns Insolvency Act or the Provincial Insolvency Act or any Act amending such original.

(z)

“Commencement Date” means the date upon which the Contractor receives the noticed to commence the work as per the clause no. 2.1 of General Conditions of Contract.

(aa)

“Time for Completion” means the time for completing the execution of and passing the Test on completion of the works or any section or part there of as stated in the Contract (or as extended under the clause no. 2.3 of General Conditions of Contract) calculated from the commencement date.

(bb)

“Mobilisation of the contractor” means performance by the contractor of all those thing necessary to be fully ready to execute work at site satisfying all work pre-requisites stipulate in the contract. Mobilisation of the contractor shall include but shall not be limited to providing of all transport from points of origin to site, all equipment and materials of construction, all personnel, satisfaction of government requirements, all logistical support to the construction operations and setting up at site in a condition of full readiness to execute work.

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

33 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

1.1.2

1.1.3

Tender / Contract (a)

"Tender" means the documents listed in clauses of Instructions to Tenderer and completed with price, sealed and signed by the contractor and submitted to authority as defined in the contract.

(b)

"Contract" means agreement between the Employer and the contractor for the execution of the works incorporating Conditions of Contract, Specifications as well as such other documents as are specified in the document attached hereto as forming part hereof including the Conditions, Drawings, Bills of Quantities and Prices if any, Tender, Work Order and such further documents as may be expressly incorporated in the Work Order or the Contract Agreement. (Ref. 1.3.1)

(c)

"Conditions" means the Tender Form / Appendix TF to and these Conditions of Contract, Parts 1 to 9 along with Programmes.

(d)

"Work Order" means the formal acceptance by the Employer of the Tender incorporating any adjustments or variations to the Tender agreed between the Employer and the Contractor.

(e)

"Performance Security" means the security to be provided by the Contractor in accordance with Sub-Clause 3.1.3 a) for the due performance of the Contract

(f)

"Provisional Sum" means a sum, described as such for the execution of work or for the supply of goods or services to be used in accordance with Sub-Clause 3.6.0.

(g)

Words importing persons or parties shall include firms and corporations and any organization having legal capacity.

(h)

Wherever in the Contract provision is made for a communication to be "written" or "in writing" this means any hand-written, type-written or printed communication, including telex, cable e-mail and facsimile transmission.

Cost / Rates (a)

The word "Cost" shall be deemed to include material cost inclusive of excise duty, income tax, VAT (sales tax ), VAT (turn over tax, works contract tax), octroi, entry tax, levies, taxes etc. or duties of appropriate authority or royalties insurances, licenses if any and expense towards transportation, loading, unloading, storing at site, safely handling at site, wastages expected, labor (skilled / unskilled), tools, plants and equipments, all overhead costs, miscellaneous expenditure properly incurred or to be incurred whether on or off the Site including overhead and profit on production of actual payment vouchers and other charges properly allocable thereto. SERVICE TAX SHALL BE PAID EXTRA as per Rules

(b)

"Contract Price" means the sum named in the Work Order as payable to the contractor for the execution, maintenance and completion of the Works and the remedying of any defects therein, subject to such additions thereto or deductions there from, as may be, under the provisions hereinafter contained.

(c)

“Bills of Quantities” means the rates agreed between the Employer and the Contractor as entered in Bills of Quantities and Rates and Such further rates as may be agreed to between the Employer and the Contractor from time to time as the works proceed and in case of disagreement between the Employer and the Contractor, such further rates as may be determined by

34 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

the ARCHITECT, provided always that rates determined by the ARCHITECT shall be subject to the right of Arbitration as thereinafter provided.

1.1.4

(d)

“Market Rate” means the rate as decided by the ARCHITECT on the basis of cost of materials at Site inclusive of all taxes, duty, octroi etc. but not the service tax at the time of execution of the Works.

(e)

"Variation Order" means any written order, identified as such, issued to the Contractor by the PM under Sub-Clause 3.7.1

(f)

"Foreign Currency" means a currency of a country other than that in which Plant is to be installed.

Commencement / Completion (a)

"Commencement Date" means whichever the latest is of: i)

The date specified in the Appendix TF to Tender Form as the date for commencement of Works, or the date when the Contractor receives:

ii)

notice of the issue of any import license necessary for commencing performance of the Contract if arranging same is obligation of the Employer, or

iii)

notice that any legal requirements necessary for the Contract to enter into force have been fulfilled, or

iv)

notice that any necessary financial or administrative requirements to be completed by the Employer specified in Special Conditions (Part - IX) as conditions precedent to commencement have been fulfilled.

(b)

"Programme" means the Programme to be submitted by the Contractor in accordance with Sub-Clause 5.4.1 and any approved revisions thereto.

(c)

"Time for Completion" means the time stated in the Appendix TF for completing the Works or any Section thereof and passing the Tests on Completion calculated from the Commencement Date unless extended in accordance with Clause 2.4.1.

(d)

"Defects Liability Period" means one year or the period stated in Appendix TF to Tender Form and Special Conditions following taking over, during which the Contractor is responsible for making good defects and damage in accordance with Clause 2.8.1. In other words the period is one year unless specifically stated in Appendix TF to Tender Form and Special Conditions as some other period.

1.1.5

VOLUME – I

(e)

"Risk Transfer Date" means the date when the risk of loss of or damage to the Works passes from the Contractor to the Employer in accordance with Sub-Clause 5.8.2.

(f)

"Contractor's Risks" means the risks defined in Sub-Clause 5.8.1 ii).

(g)

In these Conditions "day" means calendar day and "year" means 365 days.

Certificates, Test (a)

"Defects Liability Certificate" means the certificate to be issued by the PM to the Contractor in accordance with Sub-Clause 2.8.7.

(b)

"Tests on Completion" means the tests specified in the Contract or otherwise agreed by the ARCHITECT and the Contractor to be performed before the Works are taken over by the ARCHITECT.

GENERAL CONDITIONS OF CONTRACT

35 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

1.1.6

(c)

"Taking-Over Certificate" means the certificate to be given by the ARCHITECT to the Contractor in accordance with Clause 2.7.3.

(d)

"Final Certificate of Payment", means the certificate to be issued by the ARCHITECT to the Employer in accordance with Sub-Clause 3.4.3 b).

Singular and Plural Words importing the singular only also include the plural and vice-versa where the context requires.

1.1.7

Gender Unless otherwise specifically stated, the masculine gender shall include the feminine and neutral gender and vice versa.

1.1.8

Headings The headings in these Conditions of Contract shall not be deemed to be part thereof or be taken into consideration in the interpretation or construction thereof or of the Contract.

1.1.9

Wherever in the Contract provision is made for the giving of notice, consent or approval by any person, such consent or approval shall not be unreasonably withheld. Unless otherwise specified, such notice, consent or approval shall be in writing and the word "notify" shall be construed accordingly.

1.2.0

LANGUAGE/S AND LAW The language for this contract shall be English and the law which this contract is to subject is Indian Law.

1.3.0

CONTRACT DOCUMENTS

1.3.1

The following documents shall constitute the Contract Document :

1.3.2

a)

Tender Form with Appendix TF

b)

Conditions of Contract - General and Special

c)

Bills of Quantities (BOQ)

d)

Specifications

e)

Drawings

f)

Letter of Intent and/or work order

g)

Articles of Agreement

h)

Addenda/Corrigenda/Clarifications issued

Order of Precedence In case of any conflict in interpretation, the following order of precedence shall prevail : A, (a)

For Contract Conditions, Special Conditions shall prevail over General Conditions. Addenda/Corrigenda/Clarifications issued shall prevail over Special Conditions.

(b)

For Technical clarifications, general guidelines and Workman-ship, Technical Specifications shall prevail over Drawings, Bills of Quantities and Contract Conditions.

(c)

Bills of Quantities shall prevail over all, for items, units and scope in brief read in conjunction with Technical Specifications, Drawings, for unit rate quoted. Changes to BOQ during and till award of tender other than asked by Employer stands deleted.

36 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

1.3.3

(d)

For legal matters, contract conditions read along with addenda / corrigenda / clarifications issued prevail over specification and BOQ.

(e)

For drawings, written dimensions shall prevail over scaled dimensions.

Documents Mutually Explanatory The several documents forming the contract are to be taken as mutually explanatory of one another, but in case of ambiguities or discrepancies the same shall be explained and adjusted by the ARCHITECT who shall have authority thereupon to issue to the Contractor instructions thereon. Provided always that if, in the opinion of the ARCHITECT, compliance with any such instruction shall involve the contractor in any cost, which by reason of any such ambiguity or discrepancy could not reasonably have been foreseen by the contractor, the ARCHITECT shall certify and the Employer shall pay such additional sum as may be reasonable to cover such costs. If the Contractor considers that compliance with such instructions will result in any cost which the Contractor could not reasonably have anticipated, he shall forthwith inform the ARCHITECT with full supporting details. The ARCHITECT shall then, if he approves, certify such costs as may be reasonable, together with profit where appropriate, which shall be added to the Contract Price. If on the other hand compliance with such instructions results in lower costs for the Contractor than he had reason to anticipate, the ARCHITECT shall certify a deduction from the Contract Price allowing for profit where appropriate.

1.3.4

Bills of Quantities The bills of quantities given are the estimated quantities for the Works and are meant to indicate the intent and extent of the Works and to provide a uniform basis for tendering and they are not to be taken as the actual and correct quantities of the works to be executed by the Contractor in fulfillment of his obligations under the contract. The Architect reserves the right to increase or decrease any of the quantities or to totally omit any item of the Work and the Contractor shall not claim any extras or damages for increase / decrease in profit on these grounds. Any discrepancies/error in description or in quantity or omission of items from the bills of quantities shall not vitiate this contract. Payment shall be made on actual quantities executed and measured at site.

1.3.5

VOLUME – I

Drawings / Documents etc. (a)

In general, the Drawings shall indicate dimensions, position and type of construction; the Specifications shall indicate the quantities of materials and the method of execution; and the Bill of Quantities shall indicate the brief quantum, scope of work, unit of measurement and the rate for each item of Work. Any Work not specifically detailed, called for, marked or specified but required to be carried out prior, along with or afterward as customary or prerequisite or post requisite for technical or practical requirement shall be deemed to be part of respective items of relevant Document.

(b)

The Contractor's work shall not deviate from the Drawings, Item Description (BOQ) and the Specifications. The ARCHITECT’s interpretations of these Documents shall be final and without appeal.

(c)

Inconsistencies or errors discovered in the Drawings, Item Description (BOQ) and Specifications shall be promptly brought to the attention of the ARCHITECT for interpretation or correction. Local conditions which may affect the Works shall likewise be brought to the ARCHITECT’s attention. If GENERAL CONDITIONS OF CONTRACT

37 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

at any time, it is discovered that the Works is being done which is not in accordance with the Contract, Drawings, Item Description (BOQ) and Specifications, the Contractor shall correct the Works immediately. Corrections of defective Works shall not be a basis for any claim for cost and extension of time. The Contractor shall not carry on the Works except with the knowledge of the ARCHITECT.

1.3.6

(d)

Figured dimensions on the Drawings and large size details shall govern and take precedence over small scale Drawings. Any Work done before receipt of such details, if not in accordance with the same, shall be removed and replaced or adjusted, as directed by the ARCHITECT to the Contractor without expense to the Employer. The general conditions apply with equal force to all the Works including authorized extra Works.

(e)

All Drawings, Bills of Quantities and Specifications and copies thereof furnished by the ARCHITECT are their property. These shall not be used on any other Work and shall be returned to the ARCHITECT on completion or termination of the Contract.

(f)

Reinforcing steel bar bending schedules shall be furnished to ARCHITECT /Engineer atleast fifteen days prior to the fabrication of the reinforcement by the Contractor.

(g)

Shop drawings/fabrication drawings for structural steel work shall be submitted by the Contractor to the ARCHITECT / Engineer for structural consultant’s approval atleast fifteen days prior to start of fabrication works.

(h)

Reflected false ceiling, floor and wall tile paneling, etc. drawing coordinated with electrical, plumbing and other services shall be prepared and submitted by the Contractor 30 days in advance for approval of the ARCHITECT through prior to commencement of Works.

(i)

The Contractor will prepare and submit 30 days in advance, coordinated services layout drawings for the approval of the ARCHITECT.

(j)

The Contractor shall submit samples as detailed in 9.9.0 and 4 weeks in advance to the Architect.

Further Drawings and Instructions The ARCHITECT shall have full power and authority to supply to the Contractor, from time to time, during the progress of the Works, such further Drawings and instructions as shall be necessary for the purpose of the additional detailing and towards execution and maintenance of the Works. The Contractor shall carry out and be bound by the same.

1.3.7

Assignment The Contractor shall not assign the Contract or any part of his obligations under the Contract.

1.3.8

Sub-Letting The Contractor shall not subcontract the whole of the Works. Except where otherwise provided by the Contact, the Contractor shall not subcontract any part of the Works without the prior consent of the ARCHITECT. Any such consent shall not relieve the Contractor from any liability or obligation under the Contract and he shall be responsible for the acts, defaults, and neglects of any Subcontractor, his agents, servants or workmen as fully as if they were the acts, defaults or neglects of the Contractor, his agents, servants or workmen.

38 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

Provided that the Contractor shall not be required to obtain such consent for

1.3.9

(a)

the provision o labour

(b)

the purchase of materials which are in accordance with the standards specified in the Contract, or

(c)

the subcontracting of any part of the Works for which the Subcontractor is named in the Contract.

Inspection of Site The Contractor shall be deemed to have inspected and examined the site and its surroundings and information available in connection therewith and to have satisfied himself, so far as is practicable, before submitting his tender, as to the form and nature thereof, including the sub-surface conditions, the hydrological and climatic conditions, the extent and nature of work and materials necessary for the completion of the Works and the remedying of any defects therein, the means of access to the site and the accommodation he may require and, in general, shall be deemed to have obtained all necessary information, subject as above mentioned, as to risk, contingencies and all other circumstances which may influence or affect his tender and the Employer shall not in any event be liable for any damage or loss caused to the contractor in relation to the same.

1.3.10

1.4.0

Notices a)

All certificates, notices or instructions to be given to the Contractor by the Employer or the Engineer under the terms of the Contract shall be sent by post, cable, telex, or facsimile transmission to or left at the Contractor’s principal place of business or such other address as the Contractor shall nominate for that purpose.

b)

Any notice to be given to the Employer or to the Engineer under the terms of the Contract shall be sent by post, cable, telex, or facsimile transmission to or left at the respective addresses nominated for that purpose in Part II of these Conditions.

c)

Either party may change a nominated address in the country where Works are being executed by prior notice to the other party, which a copy to the Engineer, and the Engineer, and the Engineer may do so by prior notice to both parties.

SUFFICIENCY TENDER The contractor shall be deemed to have satisfied himself as to the correctness and sufficiency of the tender, which shall, except insofar as it is otherwise provided in the contract, cover all his obligations under the contract (including those in respect of the supply of goods, materials, plant or services or of contingencies for which there is a provisional sum) and all matters and things necessary for the proper execution and completion of the works and remedying of any defects therein. The Employer shall not be responsible for the accuracy of information given in the tender but shall be responsible for his interpretation of information received from whatever source.

1.5.0

SITE DATA The ARCHITECT may have made available to the Contractor for his information, prior to the Base Date, all relevant data in the ARCHITECT’s possession on subsurface and hydrological conditions at the site, including environmental aspects. The

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

39 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

ARCHITECT shall similarly make available to the Contractor all such data which come into the ARCHITECT’s possession after the Base Date. However, the contractor shall be responsible for verifying and interpreting all such data. The ARCHITECT shall have no responsibility for the accuracy, sufficiency or completeness of such data, except as stated below. The contractor shall be deemed to have scrutinised, prior to the Base Date, the Employer’s Requirements (including design criteria and calculations, if any). The Contractor shall be responsible for the design of the works and for the accuracy of such Employer’s Requirements (including design criteria and calculations), except as stated below. The ARCHITECT shall not be responsible for any error, inaccuracy or omission of any kind in the Employer’s Requirements as originally included in the contract and shall not be deemed to have given any representation of accuracy or completeness of any data or information, except as stated below. Any data or information received by the contractor, from the ARCHITECT or otherwise, shall not relieve the Contractor from his responsibility for the design and execution of the works. However, the ARCHITECT shall be responsible for the correctness of the following portions of the Employer’s Requirements and of the following data and information provided by (or on behalf of) the Employer : a)

portion, data and information which are sated in the Contract as being immutable or the responsibility of the Employer,

b)

definitions of intended purposes of the works or any parts thereof,

c)

criteria for the testing and performance of the completed works, and

d)

portions, data and information which cannot be verified by the Contractor, except as otherwise stated in the Contract.

*****

40 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

GENERAL CONDITIONS OF CONTRACT VOLUME – I PART – II COMMENCEMENT, COMPLETION & DELAYS

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

41 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

42 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

GENERAL CONDITIONS OF CONTRACT VOLUME – I PART – II COMMENCEMENT, COMPLETION & DELAYS

CONTENTS

2.1.0

COMMENCEMENT OF WORKS

45

2.1.1

POSSESSION OF SITE

45

2.1.2

RIGHTS OF WAY AND FACILITIES

45

2.2.0

TIME FOR COMPLETION

45

2.2.2

SUSPENSION OF WORK

46

2.2.3

ORDER FOR SUSPENSION

46

2.2.4

COST OF SUSPENSION

46

2.2.5

PAYMENT IN EVENT OF SUSPENSION

46

2.2.6

PROLONGED SUSPENSION

47

2.2.7

RESUMPTION OF WORK

47

2.3.0

EXTENSION OF TIME FOR COMPLETION

47

2.3.2

DELAYS BY SUBCONTRACTOR

48

2.4.0

NO NIGHT OR REST DAY WORK

48

2.5.0

RATE OF PROGRESS

48

2.6.0

PENALTY FOR DELAYS ON THE PART OF CONTRACTOR / LIQUIDATED DAMAGES

49

2.6.3

REDUCTION OF PENALTY

50

2.7.0

COMPLETION CERTIFICATE

50

2.7.1

TEST ON COMPLETION

50

2.7.2

CERTIFICATION OF COMPLETION OF WORK

52

2.7.3

TAKING OVER

52

2.7.4

USE BEFORE TAKING OVER

53

2.7.5

INTERFERENCE WITH TESTS ON COMPLETION

53

2.7.6

CERTIFICATION OF COMPLETION BY STAGES

53

2.7.6.3

TAKING OVER OF PARTIES OF THE WORK

53

2.8.0

MAINTENANCE AND DEFECTS

54

2.8.1

DEFINITION OF ‘DEFECT LIABILITY PERIOD’

54

2.8.2

EXECUTION OF WORK OF REPAIR

54

2.8.3

COST OF EXECUTION OF WORKS OF REPAIR /

2.8.4 VOLUME – I

REMEDYING DEFECT

55

FAILURE TO REMEDY DEFECTS

56

GENERAL CONDITIONS OF CONTRACT

43 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

2.8.5

REMEDY ON CONTRACTOR'S FAILURE TO CARRY OUT WORK REQUIRED

56

2.8.6

CONTRACTOR TO SEARCH

56

2.8.7

DEFECTS LIABILITY CERTIFICATE

56

44 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

GENERAL CONDITIONS OF CONTRACT VOLUME – I PART – II COMMENCEMENT, COMPLETION AND DELAYS

2.1.0

COMMENCEMENT OF WORKS The Contractor shall commence execution of work on Site on the start date or within period stated in APPENDIX TF and shall carryout the works in accordance with the programme submitted and updated, if any on receipt by him of written order to this effect. He shall diligently peruse and proceed with the same with due expedition and without delay and shall complete the same by the intended completion date as specified in the Appendix TF, except as otherwise may be expressly sanctioned.

2.1.1

Possession of Site. a)

b)

2.1.2

Save insofar as the Contract may prescribe : i)

the extent of portions of the Site of which the Contractor is to be given possession, from time to time, and

ii)

the order in which such portions shall be made available to him and subject to any requirement in the Contract as to the order in which the Works shall be executed, the Employer through ARCHITECT will, with his (Employer's) written order to commence the Works, give to the Contractor possession of

iii)

so much of the Site, and

iv)

such access as, in accordance with the contract, is to be provided by the Employer as may be required to enable the Contractor to commence and proceed with the execution of the Works in accordance with the programme referred to in Clause 9.5.0, if any, and otherwise in accordance with such reasonable proposals as the Contractor shall, by written notice to the ARCHITECT, make. The Employer will, from time to time as the Works proceed, will give to the Contractor possession of such further portions of the Site as may be required to enable the Contractor to proceed with the execution of the Works with due dispatch in accordance with such programme or proposals, as the case may be.

Failure to give possession in accordance with the terms of this clause, the ARCHITECT shall grant an extension of time for the completion of the Works.

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

2.2.0

TIME FOR COMPLETION

2.2.1

Subject to any requirement in the Contract as to completion of any section of the Works before completion of the whole work, the whole of the Works shall be completed, in accordance with the provision of clause 2.7.0 hereof, within the time

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

45 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

stated in the Contract achieving the passing of the Tests on completion, calculated from the last day of the mobilisation period named in the Appendix TF to the Tender, as that within which the Works are to be commenced, or such extended time as may be allowed under clause or the section (as case may be) for extension of time for completion hereof. 2.2.2

Suspension of work The ARCHITECT shall have full power to order suspension of the work

2.2.3

a)

In the opinion of the ARCHITECT, the Contractor is neglecting and failing to proceed with due diligence in performance of his part of the Contract.

b)

The Contractor has defaulted more than once / twice to carryout instructions for removal of improper work and material.

c)

The weather or social condition is detrimental to execution of Work.

d)

In the case certificate being withheld or not paid when due by the Employer.

e)

On account of any legal restraint upon the Employer preventing the continuance of the Work.

f)

Due to force majeure.

Order for Suspension The ARCHITECT shall have full power to order suspensions of work (suspend delivery of Plant or Contractor’s Equipment which is ready for delivery to the site as per schedule or suspend the erection of plant which has been delivered to the site) a)

In the opinion of the ARCHITECT, the Contractor is neglecting and failing to proceed with due diligence in performance of his part of the Contract.

b)

The Contractor has defaulted more than once / twice to carryout instructions for removal of improper work and material.

c)

The weather or social condition is detrimental to execution of Work.

d)

In the case certificate being withheld or not paid when due.

e)

On account of any legal restraint upon the Employer preventing the continuance of the Work.

f)

Due to force majeure.

The Contractor shall during suspension protect and secure the works or Plant affected at the Contractors works or elsewhere or at site, as the case may be against any deterioration, loss or damage. 2.2.4

Cost of Suspension The additional cost incurred by the Contractor in protecting, securing and insuring the Works or Plant and in following the ARCHITECT's instructions under Clause 2.2.2 here above and in resumption of the work, shall be added to the Contract Price. The Contractor shall not be entitled to be paid any additional costs if such suspension is necessary by reason of a default on the part of the Contractor and unless he notifies the ARCHITECT of his intention to make such claim, within 28 days after receipt of the order to suspend progress or delivery or of the date of deemed suspension under Clause 2.2.2.

2.2.5

Payment in Event of Suspension The Contractor shall be entitled to payment for Plant which has not been delivered to Site if the work on Plant or delivery of Plant has been suspended for more than 28 days. After 28 days of suspension, the Contractor shall be entitled to payment of the

46 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

value of such Plant as at the date of suspension. Refer ‘I’ Page 32. Plants are part of work like pump, panels, DG sets AC. A certificate of payment shall be issued on condition that:

2.2.6

(a)

the Contractor has marked the Plant as the Employer's property in accordance with the ARCHITECT's instructions, and

(b)

the suspension is not due to the Contractor's default.

Prolonged Suspension If suspension under Clause 2.2.2 has continued for more than 84 days, and the suspension is not due to the Contractor's default, the Contractor may by notice to the ARCHITECT require permission to proceed within 28 days. If permission is not granted within that time, the Contractor may treat the suspension as an omission under Clause 3.8.1 of the Section it affects, or if the suspension affects the whole of the Works, terminate the Contract and the provisions of Clause 4.5.0 shall apply.

2.2.7

Resumption of Work If the Contractor chooses not to treat prolonged suspension as an omission or termination under Sub-Clause 2.2.5, the Employer shall upon the request of the Contractor, take over the responsibility for protection, storage, security and insurance of the suspended Works and the risk of loss or damage thereto shall thereupon pass to the Employer. After receipt of permission or an order to proceed, the Contractor shall, after due notice to the ARCHITECT, examine the Works and the Plant affected by the suspension. The Contractor shall make good any deterioration or defect in or loss of the Works or Plant that may have occurred during the suspension. Cost properly incurred by the Contractor which would not have been incurred but for the suspension shall be added to the Contract Price together with profit. The Contractor shall not be entitled to payment for costs incurred in making good any deterioration, defect or loss caused by faulty workmanship or materials or by the Contractor's failure to take the measures specified in Clause 2.2.2. If the Employer has taken over risk and responsibility for the suspended Works under this Sub-Clause, risk and responsibility shall revert to the Contractor 14 days after receipt of the permission or order to proceed.

2.3.0

EXTENSION OF TIME FOR COMPLETION

2.3.1

The Contractor may claim an extension of the Time for Completion if he is or will be delayed in completing the Works by any of the following causes:

VOLUME – I

(a)

more than 10% of Contract Price extra or additional work ordered in writing under Clause 3.7.1,

(b)

ARCHITECT's instructions, otherwise than by reason of the Contractor's default,

(c)

the failure of the Employer to fulfill any of his obligations under the Contract,

(d)

any suspension of the Works under Clause 2.3.1, except when due to the Contractor's default,

(e)

any industrial dispute,

(f)

the Employer's Risks,

(g)

Force Majeure.

GENERAL CONDITIONS OF CONTRACT

47 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

The Contractor shall give to the ARCHITECT notice of his intention to make a claim for an extension of time within 14 days of the circumstances for such a claim becoming known to the Contractor. The notice shall be followed as soon as possible by the claim with full supporting details. The ARCHITECT shall, after due consultation with the Employer and the Contractor, grant the Contractor from time to time, either prospectively or retrospectively, such extension of Time for Completion as may be justified. The ARCHITECT shall notify the Employer and the Contractor accordingly. The Contractor shall be entitled to such extension whether the delay occurs before or after the Time for Completion. Nevertheless

2.3.2

(i)

the Contractor shall constantly use his best endeavors to prevent any delay in the progress of the works, howsoever caused and to prevent the completion of the works being delayed or further delayed beyond the time for completion; and

(ii)

the Contractor shall do all that may reasonably be required to the satisfaction of the ARCHITECT / Engineer to proceed with the works as per the programme.

Delays by Subcontractor The Contractor shall be entitled to an extension of time if delay on the part of a Subcontractor is due to a cause mentioned in Clause 2.3.1, and such delay prevents the Contractor from meeting the Time for Completion.

2.4.0

NO NIGHT OR REST DAY WORK Subject to any provision to the contrary contained in the Contract, none of the Permanent Works as hereinafter provided, shall be carried out during the night or on Sundays, if locally recognised as days of rest, or their locally recognised equivalent without written permission of the Architect, except when the work is unavoidable or absolutely necessary for the saving of life or property or for the safety of the Works, in which case the Contractor shall immediately advise the ARCHITECT. Provided always that the provisions of this clause shall not be applicable in the case of any work, which it is customary to carry out by rotary or double shifts.

2.5.0

RATE OF PROGRESS If for any reason, which does not entitle the Contractor to an extension of time, the rate of progress of the Works or any section is at any time, in the opinion of the ARCHITECT, too slow to ensure completion by the prescribed time or extended time for completion, the ARCHITECT shall so notify the Contractor in writing and the Contractor shall thereupon take such steps as are necessary and the ARCHITECT may approve to expedite progress so as to complete the Works or such section by the prescribed time or extended time. The Contractor shall not be entitled to any additional payment for taking such steps. If, as a result of any notice given by the ARCHITECT under this clause, the Contractor shall seek the ARCHITECT’s permission to do any work at night or on Sundays, or on locally recognised day of rest, such permission shall not be unreasonably refused. In case if the Contractor fails to take necessary steps, the Architect shall be entitled to cause them to be taken and recover cost thereof from the Contractor. Provided that if any steps, taken by the Contractor in meeting his obligations under this clause involve the Employer in additional supervision costs, such costs shall, after due consultation with the Employer and the Contractor, be determined by the ARCHITECT and shall be

48 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

recoverable from the Contractor by the Employer, and shall be deducted by the ARCHITECT from any monies due or to become due to the contractor and the ARCHITECT shall notify the Contractor accordingly, with a copy to the Employer. If the works be delayed by any one or more of the following : a)

special risk (4.3.2).

b)

abnormally bad weather, drought.

c)

serious loss or damage by fire.

d)

civil commotion, local commotion of workmen, strike or lockout, affecting any of the trades directly employed on the work.

e)

suspension ordered by the ARCHITECT.

f)

delay on the part of other contractors or tradesmen engaged by the Employer in executing work not forming part of the contract.

g)

non-availability of stores which are the responsibility of the Employer to supply.

h)

non-availability or breakdown of Tools and Plant to be supplied or supplied by the Employer.

i)

delay in handing over of site.

j)

delay on the part of the Employer in issuing drawings.

k)

delay on the part of the Employer in supplying water and power if such supply is Employer's responsibility.

l)

delay by Employer in releasing certified progress payments in accordance with the provisions of this Contract.

m)

any other cause which, in the absolute discretion of the ARCHITECT, is beyond the contractor's control;

then upon the happening of any such event causing delay, the contractor shall immediately give notice thereof in writing to the ARCHITECT but shall nevertheless use constantly his best endeavours to prevent or make good the delay and shall do all that may be reasonably required to the satisfaction of the ARCHITECT to proceed with the works. 2.6.0

PENALTY FOR DELAYS ON THE PART OF CONTRACTOR / LIQUIDATED DAMAGES

2.6.1

The Contractor is bound to complete work stage wise as per the approved programme. Stagewise penalties shall be applied as per clause 2.2.1 during the course of work & shall maintain till next stage is achieved. Incase of failure same shall be retained till next stage of stagewise completion are achieved as per contract programme. Any of these penalties shall be released in between if next stage of completion is achieved within the target date of stagewise completion. Further in the event of the Contractor failing to comply with the condition as given in clause 2.5.0 (Rate of progress) hereabove the contract is liable to be terminated at any stage and/or the Contractor shall be liable to pay penalty an amount stated in Appendix TF to Tender Form of contract or such amount of Contract sum as the ARCHITECT may decide for the quantity of Work that remains incomplete. The total penalty shall not exceed maximum amount stated in Appendix TF to Tender Form.

2.6.2

If the Contractor shall fail to achieve completion of the whole of the Works or, if applicable, any section within the time prescribed by clause 2.2.0 hereof relating to time of Completion, then the Contractor shall pay to the Employer the sum stated in

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

49 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

the Appendix TF to Tender Form an amount as penalty for delays for every day/week/month or part of which shall elapse between the time prescribed by clause 2.2.0 hereof and the date of certified completion of whole of the Works or any section thereof, if applicable. The ARCHITECT may, without prejudice to any other method of recovery, deduct the amount of such damages from any monies in his hands, due or which may become due to the Contractor as a debt. The payment or deduction of such damages shall not relieve the Contractor from his obligation to complete whole of the Works or any sections, or from any other of his obligations and liabilities under the Contract. 2.6.3

Reduction of Penalty If, before the completion of the whole of the Works, any part or section of the Works has been certified by the ARCHITECT as completed, pursuant to clause 2.7.0 hereof, and occupied or used by the Employer, the amount of compensation for delay shall, for any period of delay after issue of such Taking Over Certificate and in the absence of alternative provisions in the Contract be reduced in the proportion which the value of the part or section so certified bears to the value of the whole of the Works.

2.7.0

COMPLETION CERTIFICATE

2.7.1

Test on Completion Testing shall include testing of lifts, pumps, panels, DG sets, lighting etc. at site as per the standard testing procedures. All expenses related to testing shall be to Contractor’s account. Tests on site of completed works shall demonstrate the following among others: That the equipment installed complies with specification in all respects and is of the correct rating for the duty and site conditions. That all items operate efficiently and quietly to meet the specified requirements. That all electrical circuits are correctly protected and that protective devices are properly co-coordinated. The contractor shall provide all necessary instruments and labor for testing, shall make adequate records of test procedures and readings, shall repeat any tests requested by the Architect and shall provide test certificate signed by a properly authorized agency approved by ARCHITECT. Such test shall be conducted on all materials and equipments and tests on completed work as called for by the Project Manager at contractor's expense. a)

Notice of Tests The Contractor shall give to the ARCHITECT 21 day's notice of the date after which he will be ready to make the Tests on Completion (the Tests). Unless otherwise agreed, the Tests shall take place within 14 days after the said date on such day or days as the ARCHITECT shall notify the Contractor.

b)

Time for Tests If the ARCHITECT fails to appoint a time after having been asked to do so, or does not attend at the time and place appointed, the Contractor shall be entitled to proceed with the Tests in his absence. The Tests shall then be deemed to have been made in the presence of the ARCHITECT and the results of the Tests shall be accepted as accurate.

50 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

c)

Delayed Tests (i)

If the Tests are being unduly delayed by the Contractor the ARCHITECT may by notice require the Contractor to make the Tests within 21 days after the receipt of such notice. The Contractor shall make the Tests on such days within that period as the Contractor may fix and of which he shall give notice to the ARCHITECT. If the Contractor fails to make the Tests within 21 days the ARCHITECT may himself proceed with the Tests. All Tests so made by the ARCHITECT shall be at the risk and cost of the Contractor and the cost thereof shall be deducted from the Contract Price. The tests shall then be deemed to have been made in the presence of the Contractor and the results of the Tests shall be accepted as accurate.

(ii)

d)

If, for reasons not attributable to the Contractor, a Test after completion on the works or any section cannot be completed during the Defects Liability Period (or any other period agreed upon by both parties), then the works or section shall be deemed to have passed this test after completion.

Facilities for Tests on Completion Except where otherwise specified, the Contractor shall provide at his cost such labor, materials, electricity, fuel, water, stores, apparatus and feedstock as may be reasonably required to carry out the Tests.

e)

The results of the tests after completion shall be compiled and evaluated by both the parties and detailed reported will be prepared.

f)

Retesting If the Works or any Section fails to pass the Tests, the ARCHITECT or the Contractor may require such Tests to be repeated on the same terms and conditions.

g)

Disagreement as for Result of Tests If the ARCHITECT and the Contractor disagree on the interpretation of the Test results, each shall give a statement of his views to the other within 14 days after such disagreement arises. The statement shall be accompanied by all relevant evidence. The Tests on Completion are the means of establishing that the Works have been satisfactorily completed and may be accepted by the ARCHITECT. It may therefore well be that the ARCHITECT and the Contractor disagree in their interpretation of the Test results. If this is the case, the Contractor and the ARCHITECT are required to submit statements of their views to each other. The statements, accompanied by all relevant evidence, shall be submitted within 14 days after such disagreement arises. In Arbitration the statements mentioned here may be important pieces of evidence in deciding whether the specific Works have been satisfactorily completed, and whether a repeated Test was called for.

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

51 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

h)

Consequences of Failure to Pass Tests on Completion If the Works or any Section fails to pass the Tests on the repetition thereof under Clause 2.7.1(e), the ARCHITECT, after due consultation with the Employer and the Contractor, shall be entitled to:

i)

i)

Order one further repetition of the Tests under the conditions of Clause 2.7.1(e), or

ii)

reject the Works or Section in which event the Employer shall have the same remedies against the Contractor as are provided under Clause 2.8.2(c), or

iii)

issue a Taking-Over Certificate, if the Employer so wishes, notwithstanding that the Works are not complete. The Contract Price shall then be reduced by such amount as may be agreed by the Employer and the Contractor or, failing agreement, as may be determined by arbitration.

Use by the Employer In considering the results of Tests carried out under Clauses 2.7.4 and 2.7.5 the ARCHITECT shall make allowances for the effect of any use of the Works by the Employer on the performance or other characteristics of the Works.

j)

Test Certificate As soon as the Works or any Section thereof has passed the Tests, the ARCHITECT shall issue a Certificate to the Contractor and the Employer to that effect.

2.7.2

Certification of Completion of Work When the whole of the Works have been substantially completed and have satisfactorily passed any final test that may be prescribed by the Contract, the Contractor may give a notice to that effect to the ARCHITECT accompanied by an undertaking to finish any outstanding work during the Period of Maintenance (Defect Liability Period). Such notice and undertaking shall be in writing and shall be deemed to be a request by the Contractor for the Architect to issue a Certificate of Completion in respect of the Works. The Architect shall, within twenty one days of the date of delivery of such notice either issue to the Contractor, with a copy to the Employer, a Certificate of Completion stating the date on which, in his opinion, the Works were substantially completed in accordance with the Contract or give instructions in writing to the Contractor specifying all the work which, in the Architect’s opinion, requires to be done by the Contractor before the issue of such Completion Certificate. The Architect shall also notify the Contractor of any defects in the Works affecting substantial completion that may appear after such instructions and before completion of the works specified therein. The Contractor shall be entitled to receive such Certificate of Completion within twenty-one days of completion to the satisfaction of the Architect of the works so specified and making good any defects so notified.

2.7.3

Taking Over The Works shall be taken over by the Employer when they have been completed in accordance with the Contract, except in minor respects that do not affect the use of the Works for their intended purpose, have passed the Tests on Completion and a Taking-Over Certificate has been issued or deemed to have been issued in accordance with Clause 2.7.2.

52 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

2.7.4

Use before Taking Over The Employer shall not use any part of the Works unless a Taking-Over Certificate has been issued in respect thereof. If nevertheless the Employer uses any part of the Works, that part which is used shall be deemed to have been taken over at the date of such use. The ARCHITECT shall on request of the Contractor issue a Taking-Over Certificate accordingly. If the Employer uses any part of the Works before taking over the Contractor shall be given the earliest opportunity of taking such steps as may be necessary to carry out the Tests on Completion.

2.7.5

Interference with Tests on Completion If the Contractor is prevented from carrying out the Tests on Completion by a cause for which the Employer or the ARCHITECT or other contractors employed by the Employer are responsible, the Employer shall be deemed to have taken over the Works on the date when the Tests on Completion would have been completed but for such prevention. The ARCHITECT shall issue a Taking-Over Certificate accordingly. The Works shall not be deemed to have been taken over if they are not substantially in accordance with the Contract. If the Works are taken over under this Clause the Contractor shall nevertheless carry out the Tests on Completion during the Defects Liability Period. The ARCHITECT shall require the Tests on Completion to be carried out by 14 days notice and in accordance with the relevant provisions of Clause 2.7.1.

2.7.6

Certification of Completion by Stages Similarly, in accordance with the procedure set out in clause 2.7.1 the Contractor may request the ARCHITECT and the ARCHITECT shall issue a Certificate of Completion in respect of:(a)

any section of the Permanent Works in respect of which a separate time for completion is provided in the Contract, and

(b)

any substantial part of the Permanent Works which has been both completed to the satisfaction of the ARCHITECT and occupied or used by the Employer.

2.7.6.1

If any part of the Permanent Works shall have been substantially completed and shall have satisfactorily passed any final test that may be prescribed by the Contract, the ARCHITECT may issue a Certificate of Completion in respect of that part of the Permanent Works before completion of the whole of the Works and, upon the issue of such certificate, the Contractor shall be deemed to have undertaken to complete any outstanding work in that part of the Works during the Defect Liability Period.

2.7.6.2

Provided always that a Certificate of Completion given in respect of any section or part of the Permanent Works before completion of the whole shall not be deemed to certify completion of any ground or surfaces requiring reinstatement, unless such Certificate shall expressly so state.

2.7.6.3

Taking over of parts of the work. Parts of the works (other than sections) shall not be taken over or used by the Employer, except as may be stated in the contract or as may be agreed by both parties.

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

53 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

2.8.0

MAINTENANCE AND DEFECTS

2.8.1

Definition of ‘Defect Liability Period’ In these conditions the expression "Defect Liability Period” shall mean the Defect Liability Period named in the Appendix TF to the Tender Form, calculated from the date of completion of the Works, certified by the ARCHITECT in accordance with clause 2.7.0 hereof, or, in the event of more than one certificates having been issued by the ARCHITECT under the said Clause, from the respective dates so certified and in relation to the Defect Liability Period the expression "the Works" shall be construed accordingly.

2.8.2

Execution of Work of Repair : a)

To the intent that the Works shall, at or as soon as practicable after the expiry of the Defect Liability Period, be delivered to the Employer in the condition required by the Contract, fair wear and tear excepted, to the satisfaction of the ARCHITECT, the Contractor shall finish the work, outstanding if any at the date of completion, as certified under clause 2.7.0 hereof, as soon as practicable after such date and shall execute all such work of repair, amendment, reconstruction, rectification and making good defects, imperfections, shrinkages or other faults as may be required of the Contractor in writing by the ARCHITECT during the Period of Maintenance (Defect Liability Period), or within fourteen days after its expiry, as a result of an inspection made by the ARCHITECT prior to its expiry.

b)

Removal of Defective Work If the defect or damage is such that repairs cannot be expeditiously carried out on the Site, the Contractor may with the consent of the ARCHITECT or the Employer remove from the Site for the purposes of repair any part of the Works which is defective or damaged.

c)

Further Tests on Completion If the replacements or renewals are such that they may affect the performance of the Works, the Employer may request that Tests on Completion be repeated to the extent necessary. The request shall be made by notice within 28 days after the replacement or renewal. The Tests shall be carried out in accordance with Clause 2.7.1. A replacement or renewal under Clause 2.8.1 may concern important or even vital parts of the Plant or Works. If they are such that the replacements or renewals "may affect the performance of the Works", the Employer is entitled to request a repetition of the Tests on Completion. The Employer's request must be made by notice to the Contractor within 28 days after the replacement or renewal. Any repeated Tests on Completion should be carried out in accordance with Clause 2.7.1.

d)

Right of Access Until the Final Certificate of Payment has been issued, the Contractor shall have the right of access to all parts of the Works and to records of the working and performance of the Works. Such right of access shall be during the Employer's normal working hours at the Contractor's risk and cost. Access shall also be granted to any duly

54 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

authorized representative of the Contractor whose name has been communicated in writing to the ARCHITECT. Subject to the ARCHITECT's approval, the Contractor may also at his own risk and cost make any tests which he considers desirable. Sub-Clause 2.8.2 d) gives the Contractor the right of access to "all parts of the Works" until the issue of the Final Certificate of Payment. The Contractor has a right of access during the whole Defects Liability Period; see SubClause 2.8.1 and Sub-Clauses 3.4.3 a) and 3.4.3 b). The Contractor's right of access also entitles him to see "records of the working and performance of the Works". These records may be highly important for the Contractor, both when looking for causes of defects and when checking the performance for his own purposes. Access must also be given to "any duly authorized representative of the Contractor". The proviso is, however, that the name of the representative has been communicated (i.e. before his arrival) in writing to the ARCHITECT. If necessary, the Contractor should inform the Employer about a representative's authorization. The right of access is restricted to the Employer's normal working hours. The exercise of the right of access is "at the Contractor's risk and cost". In addition to the general right of access, the Contractor may at his own risk and cost make any tests he himself considers desirable. He cannot make such tests, however, without the prior approval of the ARCHITECT or for practical purposes without the Employer's consent. e)

Defects in Employer's and ARCHITECT's Designs The Contractor shall not be liable for any defects resulting from furnished or specified by the Employer or the ARCHITECT.

designs

However, the Contractor has a duty to notify the Employer or the ARCHITECT of designs he considers defective or otherwise inadequate. If the Contractor has notified, and the Employer or the ARCHITECT does not change the design, he enjoys the full protection of Sub-Clause 2.8.2 f). If the Contractor does not, he may be liable for the extra costs caused by his not notifying. 2.8.3

Cost of Execution of Works of Repair / Remedying defect All work referred to in sub clause 2.7.2 shall be executed by the contractor at his own cost if the necessity thereof is, in the opinion of the engineer, due to : a)

the use of materials, plant or workmanship not in accordance with the contract,

b)

where the contractor is responsible for the design of part of the permanent works, any fault in such design, or

c)

the neglect or failure on the part of the contractor to comply with any obligation, expressed or implied, on the contractor’s part under the contract.

If, in the opinion of the engineer, such necessity is due to any other cause, he shall determine an addition to the contract price in accordance with 3.9.0 and shall notify the contractor accordingly, with a copy to the Employer.

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

55 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

2.8.4

Failure to Remedy Defects If the Contractor fails to remedy a defect or damage within time specified by the ARCHITECT while notifying defect, the Employer may fix a final time for remedying the defect or damage. If the Contractor fails to do so, the Employer may:

2.8.5

(a)

carry out the work himself or by others at the Contractor's risk and cost, provided that he does so in a reasonable manner. The costs properly incurred by the Employer in remedying the defect or damage shall be deducted from the Contract Price, actual cost + 20%

(b)

if the defect or damage is such that the Employer has been deprived of substantially the whole of the benefit of the Works or a part thereof, he may terminate the Contract in respect of such parts of the Works as cannot be put to the intended use. The Employer shall to the exclusion of any remedy detailed in Part-IV of this Contract be entitled to recover all sums paid in respect of such parts of the Works together with the cost of dismantling the same, clearing the Site and returning Plant to the Contractor or otherwise disposing of it in accordance with the Contractor's instructions.

Remedy on Contractor's Failure to carry out Work required If the Contractor shall fail to do any such Work as aforesaid required by the ARCHITECT within a reasonable time, the Employer shall be entitled to employ and pay other persons to carry out the same at the risk and cost of the Contractor for which he shall be responsible and if such Work is that which, in the opinion of the ARCHITECT, the Contractor was liable to do at his own expense under the Contract, then all expenses consequent thereon or incidental thereto shall be recoverable from the Contractor by the Employer, or may be deducted by the Employer from any monies due or which may become due to the Contractor towards cost of amending such Works and in the event of the amount retained hereof being insufficient, recover the balance from the Contractor, together with any expenses the Employer may have incurred in connection therewith. The Contractor shall remain liable under the provisions of this clause notwithstanding the signing of any certificate or the passing of any accounts, by the ARCHITECT.

2.8.6

Contractor to Search The Contractor shall, if required by the ARCHITECT in writing, search under the directions of the ARCHITECT for the cause of any defect, imperfection or fault appearing during the progress of the Works or within the Period of Maintenance (Defects Liability Period). If such defect, imperfection or fault shall be one for which the Contractor is liable as aforesaid, the cost of the work carried out in searching as aforesaid shall be borne by the Contractor and he shall in such case repair, rectify and make good such defect, imperfection or fault at his own expense in accordance with the provisions of clause 2.8.0 hereof. However if such defect, imperfection, or fault is not attributable to contractor, the cost of work carried out by the contractor in searching and rectifying the same shall be born by the Employer.

2.8.7

Defects Liability Certificate When the Defects Liability Period for the Works or any part thereof has expired and the Contractor has fulfilled all his obligations under the Contract for defects in the Works or that part, the ARCHITECT shall issue within 28 days to the Employer and the Contractor a Defects Liability Certificate to that effect.

56 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

The contract shall not be considered as completed until a Defect Liability Certificate shall have been signed by the ARCHITECT and delivered to the Employer, with a copy to the contractor, stating the date on which the Contractor shall have completed his obligations to execute and complete the works and remedy any defects therein to the ARCHITECT’s satisfaction. The Defects Liability Certificate shall be given by the ARCHITECT within 28 days after the expiration of the Defects Liability Period, or, if different defects liability periods shall become applicable to different sections or parts of the permanent works, the expiration of the latest such period, or as soon thereafter as any works instructed, pursuant to clause 2.8.0, have been completed to the satisfaction of the ARCHITECT. The issue of the Defects Liability Certificate shall be a condition precedent to payment to the contractor of the second portion of the Retention Money in accordance with the conditions set out in clause 9.3.0.

*****

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

57 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

58 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

GENERAL CONDITIONS OF CONTRACT VOLUME – I PART – III PAYMENTS, CERTIFICATES

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

59 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

60 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

GENERAL CONDITIONS OF CONTRACT VOLUME – I PART – III PAYMENTS, CERTIFICATES CONTENTS

3.1.0

DEPOSITS

63

3.1.1

EARNEST MONEY DEPOSIT

63

3.1.2

SECURITY DEPOSIT

63

3.1.3

PERFORMANCE SECURITY

63

3.2.0

ADVANCES

63

3.2.2

RECOVERY OF ADVANCES

63

3.2.3

MATERIAL ADVANCE

64

3.3.0

MEASUREMENTS

64

3.3.1

QUANTITIES

64

3.3.2

METHOD OF MEASUREMENT

64

3.3.3

QUANTITY SURVEYING

64

3.4.0

CERTIFICATES AND PAYMENTS

64

3.4.1

RUNNING ACCOUNT BILL (R A BILL)

64

3.4.2

R A BILL CERTIFICATION

64

3.4.3

FINAL BILL

65

3.4.4

PAYMENT AFTER MAINTENANCE CERTIFICATE

65

3.4.5

CORRECTION WITHHOLDING OF CERTIFICATES

66

3.4.6

TIME OF PAYMENT

66

3.5.0

TAXES

66

3.5.2

INCOME TAX / VAT (WORKS CONTRACT TAX)

66

3.6.0

PROVISIONAL SUMS

66

3.6.1

USE OF PROVISIONAL SUMS

67

3.6.2

ORDERING WORK AGAINST PROVISIONAL SUMS

67

3.6.3

INVOICES AND RECEIPTS

67

3.6.4

PAYMENT AGAINST PROVISIONAL SUMS

67

3.7.0

NOMINATED SUB-CONTRACTORS

67

3.7.1

DEFINITION OF "NOMINATED SUB-CONTRACTORS"

67

3.7.2

OBJECTION TO NOMINATION

67

3.7.3

DESIGN REQUIREMENTS TO BE EXPRESSLY STATED

68

3.7.4

PAYMENTS TO NOMINATED SUB-CONTRACTORS

68

3.7.5

CERTIFICATION OF PAYMENTS TO

68

NOMINATED SUB-CONTRACTORS VOLUME – I

GENERAL CONDITIONS OF CONTRACT

61 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

3.7.6

ASSIGNMENT OF NOMINATED

69

SUB-CONTRACTOR'S OBLIGATIONS 3.8.0

ALTERATIONS, ADDITIONS AND OMISSIONS

69

3.8.1

VARIATIONS

69

3.8.2

ORDERS FOR VARIATIONS

69

3.8.3

VARIATION ORDER PROCEDURE

70

3.8.4

DISAGREEMENT ON ADJUSTMENT OF

70

THE CONTRACT PRICE 3.8.5

CONTRACTOR TO PROCEED

70

3.8.6

RECORDS OF COSTS

71

3.9.0

VALUATIONS OF VARIATION

71

3.9.2

POWER OF ARCHITECT TO FIX RATES

71

3.9.3

VARIATIONS EXCEEDING 25%

72

3.9.4

CLAIMS

72

3.10.0

BASIC RATES

72

3.11.0

PRICE ADJUSTMENT

73

3.12.0

SUBSEQUENT LEGISLATION

76

3.13.0

APPROVAL ONLY BY MAINTENANCE CERTIFICATE

76

3.14.0

MAINTENANCE CERTIFICATE

76

3.14.2

CESSATION OF EMPLOYER'S LIABILITY

76

3.14.3

UNFULFILLED OBLIGATIONS

76

62 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

GENERAL CONDITIONS OF CONTRACT VOLUME – I PART – III PAYMENTS, CERTIFICATES

3.1.0

DEPOSITS

3.1.1

EARNEST MONEY DEPOSIT The tenderer shall be required to furnish interest free Earnest Money Deposit (EMD) in the form of Demand Draft or Pay Order as specified in Appendix TF to tender form and Instructions to Tenderer. Tenders not accompanied by EMD shall be rejected. If during the period between opening of tender and award of contract, the tenderer withdraws his tender or make changes not in conformity of tender procedure or as detailed in Tender form, EMD shall be forfeited. Tenders with less EMD stand rejected and amount forfeited. EMD of successful tenderers shall be adjusted towards initial security deposit as specified here under. EMD of unsuccessful tenderers shall be returned within 15 days after of expiry of validity period.

3.1.2

SECURITY DEPOSIT

3.1.2.1

Initial Security Deposit: The successful tenderer shall be required to furnish Initial Security Deposit total 2% of contract value inclusive of EMD deposited by the tenderer along with the bid document in form of Demand draft or Pay Order of Nationalised Bank. This initial security deposit excluding EMD shall be deposited as specified in special conditions in form of Demand Draft or Pay Order in favor of Bank of India, Mumbai of Nationalised bank. Thus EMD of successful tenderer shall be adjusted towards initial security deposit.

3.1.2.2

Retention Money: Retention money shall be collected from the successful tenderer by deduction 8% amount of each running account bill. Security Deposit / Retention money shall be released as under.

3.1.3

a)

50% shall be released after 3 (three) months from the date of certification of final bill

b)

50% shall be released after successful / satisfactory certification of defect liability period.

PERFORMANCE SECURITY DELETED

3.2.0

ADVANCES

3.2.1

DELETED

3.2.2

Recovery of Advances DELETED

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

63 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

3.2.3

Material Advance

3.2.3.1

Material advance shall be 75% of non perishable material brought at site by the contractor against producing all required necessary original invoices, chalans etc. or any other documents as required by the ARCHITECT to their entire satisfaction.

3.3.0

MEASUREMENTS

3.3.1

Quantities The quantities set out in the Bills of Quantities are the estimated quantities of the Works, and they are not to be taken as the actual or correct quantities of the Works to be executed or material to be ordered by the Contractor in fulfillment of his obligations under the Contract.

3.3.2

Method of Measurement The Works shall be measured as per method of measurement detailed in Technical Specification and preamble to Bills of Quantities of this contract. In absence of these details relevant SP 27 and IS 1200 shall be followed or shall be measured as per instruction's of the ARCHITECT.

3.3.3

Quantity Surveying

3.3.3.1

The Contractor will undertake the quantity surveying and submit running and final bills along with supported measurement sheets for Work carried out and the required reconciliation statements for consumption of material and running account bills The measurements shall be as per approved construction drawings. In case if bills submitted by the Contractor show frequent inaccuracies indicating that the Contractor is incapable of preparing the bills as required, the ARCHITECT is empowered to appoint an expert to undertake quantity surveying work on behalf of the Contractor at his (Contractor's) risk and cost. The remuneration of an expert so appointed shall be deducted from the Contractor's running account, final bills. All authorised extra Works, omissions and all variations made without the ARCHITECT’s knowledge, but subsequently sanctioned by him in writing (with the prior approval in writing of the employer) shall be included in such measurements. The measurement and valuation in respect of the Contract shall be completed within 30 days of the completion of the Contract.

3.4.0

CERTIFICATES AND PAYMENTS

3.4.1

RUNNING ACCOUNT BILL (R A BILL) (a)

3.4.2

The Contractor shall submit to the Architect on 5th or any other fixed date of every month, statements signed by the Contractor showing: i)

Value of permanent work executed based on agreed percentage break up forming part of contract.

ii)

Reconciliation statement of material purchased on basic price to be submitted along with all invoices and approvals.iii) Advance receivable and forming part of bill.

R A Bill certification Based on approved percentage completion of stage payment, the interim bills shall be submitted by the Contractor for the work done at monthly intervals or at such intervals mutually agreed. The ARCHITECT shall, then verify the bills and certify the interim payments after taking into account :

64 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

3.4.3

a)

All the Works executed, valued at the percentage break up rates and terms of contract.

b)

Other deduction as applicable such as retention, towards basic price of material received, payment certified.

Final Bill a)

Application for Final Certificate Payment The Contractor shall make application to the ARCHITECT for the Final Certificate of Payment within 60 days after the issue of the Defects Liability Certificate, or if more than one, the last Defects Liability Certificate. The application for the Final Certificate of Payment shall be accompanied by a final account prepared by the Contractor. The final account shall give full details of the value of all Plant supplied and work done under the Contract together with:

b)

i)

such additions to or deductions from the Contract Price as have been agreed, and

ii)

all claims for additional payment to which the Contractor may consider himself entitled.

Issue of final certificate of payment. The ARCHITECT shall approve bill within 60 days. The Employer shall arrange to make admissible payments within 90 days of the issue of certificate by the ARCHITECT after effecting all recoveries, including advances and payments against interim certificates. The ARCHITECT shall have power to withhold certification if the Works or any parts thereof are not being carried out to his satisfaction and/or the Contractor has not returned to the ARCHITECT all Drawings, Specification and other documents provided under the Contract. Payment of this bill shall not be considered conclusive evidence as to the sufficiency of any Works or materials to which it relates, nor shall it relieve the contractor from his liabilities arising from any defects noticed till the completion of the Period of Maintenance (Defects Liability Period). No payment shall be made to the Contractor if the Contractor fails to insure the Works and keep them insured until the issue of the Completion Certificate.

3.4.4

Payment after Defect Liability Certificate

3.4.4.1

Upon the expiry of the Defect Liability Period as refered in APPPENDIX TF, or, if different Defect Liability Period shall become applicable to different sections or parts of the Works, upon the expiry of the latest of such period, the ARCHITECT shall certify as payable to the Contractor security deposit and the retention amount as detailed in the special conditions. Provided always that if at such time there shall remain to be executed by the Contractor any Works ordered during such period pursuant to clause 2.8.0 (Maintenance and Defects) and 2.8.6 (Contractor to Search) hereof the Employer shall be entitled to withhold payment until the completion of such Works of so much of the second half of security deposit and the retention money as shall in the opinion of the ARCHITECT be the cost of the works so remaining to be executed.

3.4.4.2

Provided further that in the event of different Maintenance Periods (Defect Liability Period) having become applicable to different parts of the Works pursuant to clause 2.7.0 (Completion Certificate) hereof the expiry of the Period of Maintenance (Defect

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

65 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

Liability Period) shall for the purpose of this sub-clause be deemed to mean the expiry of the last of such periods. 3.4.4.3

a)

Final Certificate of Payment Conclusive A Final Certificate of Payment shall be conclusive evidence of the value of the Works, that the Works are in accordance with the Contract and that the Contractor has performed all his obligations under the Contract. Payment of the amount certified in the Final Certificate of Payment shall be conclusive evidence that the Employer has performed all his obligations under the Contract. A Final Certificate of Payment or payment shall not be conclusive:

3.4.5

(i)

to the extent that fraud or dishonesty relates to or affects any matter dealt with in the certificate, or

(ii)

if any arbitration or court proceedings under the Contract have been commenced by either party before the expiry of 84 days after the issue of the Final Certificate of Payment.

Correction withholding of Certificates The ARCHITECT may, by any payment certificate, make any correction or modification in any previous payment certificates which might have been issued and shall have power to withhold approval of any payment certificate if the Works or any part thereof are not being carried out to his satisfaction or to deduct the value of damaged materials, plant or equipment supplied by the Employer to the Contractor for the purposes of the works in the event of such damage being caused by the Contractor's negligence or mishandling.

3.4.6

Time of Payment Payment upon each of the ARCHITECT’s certificate shall be made by the Employer within the time specified in the Appendix TF to the Tender Form after such certificate has been delivered to the Employer by the ARCHITECT

3.5.0

TAXES

3.5.1

The Contractor shall be responsible to pay to the appropriate authorities all taxes, levies, royalties, octroi, VAT (sales tax), CST, Entry Tax, VAT (Works Contract Tax) excise duty, Custom duty, Cess, etc., as applicable from time to time for the purpose of construction. The complete item rate would be inclusive of the above all mentioned taxes, duties etc. as well as applicable service tax also. SERVICE TAX SHALL BE PAID EXTRA as per Rules

3.5.2

Income Tax / VAT (Works Contract Tax) Each payment made from time to time to the Contractor, shall be subjected to standard at source VAT and income Tax Deduction as per the provisions of the relevant Act and Rules prevailing at that time.

3.5.3

Local authority charges payable to Municipality, corporation etc. towards development and approval of construction and for temporary connection of Water supply, Sewerage, and Electricity supply connection shall be reimbursed by the Employer. Actual cost for consumption and usage for construction in works shall be paid by the Contractor.

66 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

3.6.0

PROVISIONAL SUMS Definition of "Provisional Sums" "Provisional Sum" means a sum included in the Contract and so designated in the Bills of Quantities for the execution of Works or the supply of goods, materials, or services, or for contingencies, which may be used, in whole or in part, or not at all, at the direction and discretion of the ARCHITECT. The Contract Price shall include only such amounts in respect of the Works, supply or services to which such Provisional Sums relate as the ARCHITECT shall approve or determine in accordance with this clause.

3.6.1

Use of Provisional Sums A Provisional Sum shall only be used, in whole or in part in accordance with the ARCHITECT's instructions.

3.6.2

Ordering Work against Provisional Sums In respect of every Provisional Sum the ARCHITECT may after due consultation with the Employer and the Contractor order:

3.6.3

a)

work to be executed, including goods, materials or services to be supplied by the Contractor. The value of such work executed, determined in accordance with Clause 3.7.1, shall be paid to the Contractor in accordance with Clause 3.4.0, and

b)

goods and materials to be purchased by the Contractor, for which payment will be made in accordance with Sub-Clause 3.6.4.

Invoices and Receipts The Contractor shall, when required by the ARCHITECT, produce quotations, invoices, vouchers and accounts or receipts in connection with expenditure in respect of Provisional Sums.

3.6.4

Payment against Provisional Sums For all work executed or goods, materials or services supplied or purchased by the Contractor under Sub-Clause 3.6.3 & 3.6.4, there shall be included in the sums paid to the Contractor: a)

the actual price paid or due to be paid by the Contractor, and

b)

in respect of all other charges and profit, a percentage of the actual price paid or due to be paid. Such percentage shall be as stated in the Schedule of Prices.

3.7.0

NOMINATED SUB-CONTRACTORS

3.7.1

Definition of "Nominated Sub-Contractors" All specialists, merchants, tradesmen and others executing any work or supplying any goods, materials or services for which provisional sums are included in the Contract, who may have been, or be nominated, or selected, or approved by the Employer or the ARCHITECT, and all persons to whom by virtue of the provisions of the Contract, the Contractor is required to sub-let any work shall, in the execution of such work or the supply of such goods, materials or services, be deemed to be Sub- Contractors employed by the Contractor and are referred to in this Contract as "Nominated SubContractors."

3.7.2

Objection to Nomination The Contractor shall not be required by the Employer or the ARCHITECT or be deemed to be under any obligation to employ any nominated Sub-Contractor against

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

67 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

whom the Contractor may raise reasonable objection, or who shall decline to enter into a sub-contract with the Contractor containing provisions: 3.7.2.1

That in respect of the Work, goods, materials or services which are the subject of the Sub-Contract, the nominated Sub-Contractor will undertake towards the Contractor the like obligations and liabilities as are imposed on the Contractor towards the Employer by the terms of the Contract and will save harmless and indemnify the Contractor from and against the same and from all claims, proceedings, damages, costs, charges and expenses whatsoever arising out of or in connection therewith, or arising out of or in connection with any failure to perform such obligations or to fulfill such liabilities, and

3.7.2.2

That the nominated Sub-Contractor will save harmless and indemnify the Contractor from and against any negligence by the nominated Sub-Contractor, his agents, workmen and servants and from and against any misuse by him or them of any constructional plant or Temporary Works provided by the Contractor for the purposes of the Contract and from all claims as aforesaid.

3.7.3

Design Requirements to be Expressly Stated If in connection with any provisional sum the services to be provided include any matter of design or specification of any part of the Permanent Works or of any equipment or plant to be incorporated therein, such requirement shall be expressly stated in the Contract and shall be included in any nominated Sub- Contract. The nominated Sub-Contract shall specify that the nominated Sub-Contractor providing such services will save harmless and indemnify the Contractor from and against the same and from all claims, proceedings, damages, costs, charges and expenses whatsoever arising out of or in connection with any failure to perform such obligations or to fulfill such liabilities.

3.7.4

Payments to Nominated Sub-Contractors For all work executed or goods, materials, plant or services supplied by any nominated Sub-Contractor, the Contractor shall be entitled to : a)

the actual price paid or due to be paid by the contractor, on the instructions of the engineer, and in accordance with the subcontract;

b)

in respect of labour supplied by the contractor, if instructed by the engineer pursuant such sum as may be determined in accordance with clause 3.6.2 and 3.9.0; and

c)

in respect of all other charges and profit, a sum being a percentage rate of the actual price paid or due to be paid calculated at the percentage rate inserted by the contractor in the schedule to tender.

3.7.5

Certification of Payments to Nominated Sub-Contractors

3.7.5.1

Before issuing, under clause 3.4.2. (R A Bill Certification) hereof, any certificate, which includes any payment in respect of work done or goods, materials or services supplied by any nominated Sub-Contractor, the ARCHITECT shall be entitled to demand from the Contractor reasonable proof that all payments, less retentions, included in previous certificates in respect of the work or goods, materials or services of such nominated Sub-Contractor have been paid or discharged by the Contractor, in default whereof unless the Contractor shall (a)

68 SEAL OF TENDERER

inform the ARCHITECT in writing that he has reasonable cause for withholding or refusing to make such payments, and

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

(b)

produce before the ARCHITECT reasonable proof that he has so informed such nominated Sub-Contractor in writing,

The Employer shall be entitled to pay to such nominated Sub-Contractor direct, upon the certificate of the ARCHITECT, all payments, less retentions, provided for in the Sub-Contract, which the Contractor has failed to make to such nominated SubContractor and to deduct by way of set-off the amount so paid by the Employer from any sums due or which may become due from the Employer to the Contractor. 3.7.5.2

Provided always that, where the ARCHITECT has certified and the Employer has paid direct as aforesaid, the ARCHITECT shall in issuing any further certificate in favour of the Contractor deduct from the amount thereof the amount so paid, direct as aforesaid, but shall not withhold or delay the issue of the certificate itself when due to be issued under the terms of the Contract.

3.7.6

Assignment of Nominated Sub-Contractor's Obligations In the event of a nominated Sub-Contractor, as herein before defined, having undertaken towards the Contractor in respect of the Work executed, or the goods, materials or services supplied by such nominated Sub-Contractor, any continuing obligation extending for a period exceeding that of the Period of Maintenance (Defect Liability Period) under the Contract, the Contractor shall at any time, after the expiry of the Period of Maintenance (Defect Liability Period), assign to the Employer, at the Employer's request and cost, the benefit of such obligation for the unexpired duration thereof.

3.8.0

ALTERATIONS, ADDITIONS AND OMISSIONS

3.8.1

Variations The Architect through the ARCHITECT shall make any variation in the form, design requirement 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 the power to order the Contractor to do and the Contractor shall do any of the followings (a)

increase or decrease the quantity of any Work included in the Contract,

(b)

omit any such Work,

(c)

change the character or quality or kind of any such Work,

(d)

change the levels, lines, position and dimensions of any part of the Works,

(e)

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

(f)

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

and no such variation shall in any way vitiate 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 as detailed in 9.4.1. 3.8.2

Orders for Variations No such variations 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 work where such increase or decrease is not the result of an order given under this clause, but is the result of the quantities exceeding or being less than those inserted in the Bill of Quantities. 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 an order and any confirmation in writing of

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

69 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

such verbal order given by the ARCHITECT, whether before or after the carrying out of the order, shall be deemed to be an order in writing within the meaning of this clause. Provided further that if the Contractor shall within seven days confirm in writing to the ARCHITECT and such confirmation shall not be contradicted in writing within fourteen days by the ARCHITECT, it shall be deemed to be an order in writing by the ARCHITECT. 3.8.3

Variation Order Procedure Prior to any Variation Order under Sub-Clause 3.8.1 the ARCHITECT shall notify the Contractor of the nature and form of such variation. As soon as possible after having received such notice, the Contractor shall submit to the ARCHITECT:

3.8.4

a)

a description of work, if any to be performed and a programme for its execution, and the Contractor's proposals for any necessary modifications to the Programme according to Sub-Clause 2.4.1 or to any of the Contractor's obligations under the Contract, and the Contractor's proposals for adjustment to the Contract Price.

b)

Following the receipt of the Contractor's submission the ARCHITECT shall, after due consultation with the Employer and the Contractor, decide as soon as possible whether or not the variation shall be carried out.

c)

If the ARCHITECT decides that the variation shall be carried out, he shall issue a Variation Order clearly identifying that in accordance with the Contractor's submission or as modified by agreement. If the ARCHITECT and the Contractor are unable to agree the adjustment of the Contract Price, the provisions of Sub-Clause 3.7.3 shall apply.

Disagreement on Adjustment of the Contract Price If the Contractor and the ARCHITECT are unable to agree on the-adjustment of the Contract Price, the adjustment shall be determined in accordance with the rates specified in the Schedule of Prices. If the rates contained in the Schedule of Prices are not directly applicable to the specific work in question, suitable rates shall be established by the ARCHITECT reflecting the level of pricing in the Schedule of Prices. Where rates are not contained in the said Schedule, the amount shall be such as is in all the circumstances reasonable. Due account shall be taken of any over or underrecovery of overheads by the Contractor in consequence of the variation. The Contractor shall also be entitled to be paid: a)

the cost of any partial execution of the Works rendered useless by any such variation, and

b)

the cost of making necessary alterations to Plant already manufactured or in the course of manufacture or of any work done that has to be altered in consequence of such a variation, and

c)

any additional costs incurred by the Contractor by the disruption of the progress of the Works as detailed in the Programme, and

d)

the net effect of the Contractor's finance costs, including interest, caused by the variation.

The ARCHITECT shall on this basis determine the rates or prices to enable onaccount payment to be included in certificates of payment. 3.8.5

Contractor to Proceed

70 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

On receipt of a Variation Order, the Contractor shall forth-with proceed to carry out the variation and be bound to these Conditions in so doing as if such variation was stated in the Contract. The work shall not be delayed pending the granting of an extension of the Time for Completion or an adjustment to the Contract Price under Sub-Clause 3.8.3. 3.8.6

Records of Costs In any case where the Contractor is instructed to proceed with a variation prior to the determination of the adjustment to the Contract Price in respect thereof the Contractor shall keep records of the cost of undertaking the variation and of time expended thereon. Such records shall be open to inspection by the ARCHITECT at all reasonable times.

3.9.0

VALUATIONS OF VARIATION

3.9.1.1

All variations referred to in clause 3.8.0 and any additions to the contract price which are required to be determined in accordance with this clause (for the purposes of this clause referred to as ‘varied work’), shall be valued at suitable rates or prices which, after due consultation by the ARCHITECT with the Employer and the contractor, shall be agreed upon between the ARCHITECT and the contractor. In the event of disagreement the engineer shall fix such rates or prices as are, in his opinion, appropriate and shall notify the contractor accordingly, with a copy to the Employer. Until such time as rates or prices are agreed or fixed, the ARCHITECT shall determine provisional rates or prices to enable on account payments to be included in certificates issued in accordance with clause 3.4.0.

3.9.1.2

Provided that no varied work instructed to be done by the engineer pursuant to clause 3.8.0 shall be valued under sub-clause 3.9.1.1 unless, within 14 days of the date of such instruction and, other than in the case of omitted work, before the commencement of the varied work, notice shall have been given either : a)

by the contractor to the engineer of his intention to claim extra payment, or

b)

by the engineer to the contractor of his intention to vary the contract price.

3.9.2

Power of ARCHITECT to Fix Rates

3.9.2.1

Provided that if the nature or amount of any omission or addition relative to the nature or amount of the whole of the Works or to any part thereof shall be such that, in the opinion of the ARCHITECT, the rate or price contained in the Contract for any item of the Works is, by reason of such omission or addition, rendered unreasonable or inapplicable, then a suitable rate or price shall be agreed upon between the Employer and the Contractor. In the event of disagreement the ARCHITECT shall fix such other rate or price as in his opinion shall be reasonable and proper with regard to the circumstances.

3.9.2.2

Provided also that no increase or decrease under sub-clause 3.9.1 or variation of rate or price under sub-clause 3.9.2 shall be made unless, as soon after the date of the order as is practicable and in the case of extra or additional work, before the commencement of the work or as soon thereafter as is practicable, notice shall have been given in writing

VOLUME – I

(a)

by the Contractor to the ARCHITECT of his intention to claim extra payment or a varied rate or price, or

(b)

by the ARCHITECT to the Contractor of his intention to vary rate or price.

GENERAL CONDITIONS OF CONTRACT

71 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

3.9.2.3

In case where the item of works are not accepted as complete, fully in accordance with the specifications, the RE may make payment of such items at such reduced rates as he may consider reasonable in approval of ARCHITECT and the final bills.

72 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

3.9.3

DELETED

3.9.4

Claims

3.9.4.1

The Contractor shall send to the RE, once in every month, an account giving particulars, as full and detailed as possible, of all claims for any additional payment to which the Contractor may consider himself entitled and of all extra or additional work ordered by the ARCHITECT which he has executed during the preceding month.

3.9.4.2

No final or interim claim for payment for any such Work or expense will be considered which has not been included in such particulars.

3.10.0

BASIC RATES

3.11.0

(a)

While making the tender, the tenderer shall base his rates for listed material as in the Schedule `A' enclosed, which rates shall be hereinafter referred to as "the basic price". The said prices shall be ex-site godown and be inclusive of excise duty, VAT (sales tax), octroi and all other duties levied by Government or any public body, transportation, insurance, loading, unloading etc.

(b)

In case during the currency of the Contract the aggregate of the selling prices of approved / authorised stockiest, goes above the basic price of listed materials referred to in sub-clause (a) above, the excess shall be borned by the Employer but the Contractor shall not in any way be entitled to any sums by way of overhead costs, profits or otherwise whatsoever in respect of such excess; should this aggregate go below the said basic prices, the benefit shall go to the Employer; and in either case the corresponding adjustment shall be made in the Contractor's bill on production of all necessary vouchers duly certified by the ARCHITECT. Wastage in listed materials shall be on the Contractor's account. The Employer shall, however, in his absolute discretion, allow adjustment as per accepted percentage or maximum 5% of the billed quantities. The Contractor shall furnish to the Architect periodically all purchases made by him alongwith invoices and daily consumption report. Adjustment in prices on account of material listed in Schedule `A' shall be made only in respect of materials to be used on the site. It is clarified that no adjustment shall be made in respect of listed material in schedule `A' used or to be used in the manufacture of Solid Concrete Blocks, tiles, jalli, pipes (product by other company) and other manufactured bought out items etc. whatsoever.

(c)

That in case the Employer is able to arrange for any listed material from schedule `A' for the works either from its own stocks or from the manufacturers or stockiest or suppliers or otherwise the Contractor shall use the same in the Works if so directed by the Architect.

PRICE ADJUSTMENT If the prices of materials and / or wages of labour required for execution of the work increase or decreases, the price variation adjustment (PVA) shall be worked out as per provision detailed below and the amount of the contract shall be accordingly be varied, subject to the other condition that compensation for 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 validity extended under the provision of relevant clause of the contract.

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

73 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

If partial modification of (any) provisions made elsewhere in this Contract regarding rate quoted in the tender being not subject to any variations, price adjustment to the value of the work payable to the Contractor at 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 and during the operative period of this contract including any authorized extensions of the original stipulated completion period. There be any variation in the consumer price index – general index – for industrial workers (Base 2001 = 100) (source data published from time to time in Indian Labour Journal by the Labour Bureau, Government of India). There be any variation in the All India Wholesale Price Index for all commodities (Base 2004 – 2005=100) (as published from time to time in the RBI bulletin based on the data issued by the office of the Economic Advisor to the Government of India). Price Variation Adjustment (PVA) towards (1) labour component and (2) material component for all materials shall be calculated in accordance with the formulae (A) and (B) respectively, given below, subject to stipulations hereinafter mentioned. Formula (A) for labour VL = [0.78 x K1 / 100 X C1 – C0 / C0] Formula (B) for materials:VM = [0.78 P X K2 / 100 – C] X 11 – I0/ Io Where, VL =

Amount of price variation adjustment – increase or decrease in rupees due to Labour Component.

VM =

Amount of Price Variation Adjustment – increase or decrease in rupees on account of materials component.

P=

Cost of work done during the period under consideration (bill period) as per Gross amount of bill excluding, cost of extra or substituted items, rates of which are fixed on prevalent market rates and advances on materials and / or adjustment thereof; if any.

C=

Cost of material, if any, for which basic rates are specified.

K1 =

Percentage of labour component as calculated, as indicated in Note (1) below.

K2 =

Percentage of material component as indicator in Note (2) below.

Co =

Consumer price index – General Index number for industrial workers (Base 1982 = 100) referred to at (a) above, ruling on the last date for receipt of tenders, and as applicable to the centre nearest to the place of work, for which the index is published.

C1 =

Average of above mentioned consumer price index number during the period under consideration (bill period).

Io =

All India Whole sale Price Index Number for all commodities referred to at (b) above, ruling on the last date for receipt of tenders and as applicable to the centre, nearest, to the place of work for which the index is published.

I1 =

Average of above mentioned monthly All India Wholesale Price index Numbers during the period under consideration (bill period).

74 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

Note (1) : K1 shall be taken as under:a.

Component of work: Civil work including ancillary works and external works and RCC / tanks, septic tank etc., if any, for sanitary and plumbing work.

b.

Sanitary and plumbing works including fittings and fixtures (internal work only).

Note (2): K2 shall be taken as under:Civil work including ancillary works as detailed under Note (1) (a) above. Sanitary and plumbing works including fittings and fixtures as detailed under Note (1) above. Stipulation: 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 occurrence 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 PVA is admissible on the same on any ground whatsoever. The value of work required to be done during the first 6 months of the contract period shall be taken as 80% of the value of work to be done on pro – rata basis in 6 months as compared to the total stipulated completion period. No PVA is admissible on the value of work required to be done in the first 6 months as worked out above, even if this work is actually done in a period longer than 6 months. However, in case of any delay in the first 6 months due to genuine reasons which are not attributable to the contractor and which are beyond his control, such period of delay will be deducted from 6 months, and the value of work to be done will be 80% of the prorate value of work to be done in such reduced period on prorate basis. €

a)

For the purpose of admissibility of PVA all the cumulative periods of extension 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 granted for keeping the contract current, but only due to reason for which the Contractor was solely responsible.

b)

Period of extensions granted on account of genuine reasons, which are not attributable to the Contractor, and which are beyond his control will, however, be included in the period for which PVA is admissible.

c)

Notwithstanding anything to the contrary mentioned in any other clause / clauses of the contract, extensions of the contract period shall be granted by the PMC without Owner prior approval shall not bind the Owner for payment of PVA for work done in the concerned period of extension.

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 included in the value of work done. Value of only such extra items or such VOLUME – I

GENERAL CONDITIONS OF CONTRACT

75 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

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. For claiming the payment for PVA the Contractor shall keep such books of accounts and other documents, vouchers, receipts etc., as may be required by the Owner / PMC, for verification of the increased claims or reductions to be made as the case may be and he shall also allow inspection of books, documents by the PMC / Architects and Owner’s Engineer and / or other duly authorized representatives of the Owner / PMC and furnish such information as may be required or called for to enable verification of the claim within a week of such request. The Contractor is required to submit to the Owner, through the PMC, his claims for PVA separately for each running bill for the individual bill period for the work paid to him by the Owner. He will also be required to submit detailed calculations in support of the claims. No claim will be entertained from the contractor for interest or any other grounds for non – payment 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. The increase / or decrease in statutory measures such as taxes, levies etc. will be considered while working out the adjustments, in accordance with Formula (B). In all case of disputes under this clause the decision of the General Manager (Premises) Bank of India who shall give a reasonable hearing to the Contractor in person (not through Agents / Advocates) shall be final and binding. Revision of wages in a statutory Act like the Minimum Wages Act If the minimum wage of a category of labour employed in the works has been increased by more than 10% due to statutory enactment and the Contractor has to actually increase the wage accordingly, the actual increase may be reimbursed to the Contractor after subtracting from it the portion already paid / payable as per General PVA adjustment formula due to cost index variation for the labour component. In other words, if the actual increase is “E”, the amount payable will be E (1- C1 – Co / Co) For the period under consideration (refer the general PVA formula for abbreviation) and the increase will pertain to all labourers thus affected and employed on the Muster surly checked by the PMC / Owner. Price variations for cement and steel shall be adjusted on the basis mentioned in this clause. 3.12.0

SUBSEQUENT LEGISLATION If after the last date for submission of tenders for the Works being or to be executed, changes in any National or State Statute, Ordinance or other Law or any Regulations or Bye-law of any local or other duly constituted authority, or the introduction of any such Statute, Ordinance, Law, Regulation or Bye-law which causes direct (such as works contract tax, cess but not indirect taxes such as octroi, sales tax, rise in fuel, oil, lubricants, minimum wages of labour, etc.) additional or reduced costs which do not get adjusted under Basic Rates / Price Escalation if provided here above, to the Contractor in the execution of the Works, such additional or reduced cost as certified

76 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

by the ARCHITECT after due consultation with the Employer and the Contractor shall be paid by or credited to the Employer and the Contract Price adjusted accordingly. 3.13.0

APPROVAL ONLY BY MAINTENANCE CERTIFICATE No certificate other than the Maintenance Certificate referred to in clause 3.14.0 hereof shall be deemed to constitute approval of the Works.

3.14.0

DEFECTS LIABILITY CERTIFICATE

3.14.1

The contract shall not be considered as completed until a Defects Liability Certificate shall have been signed by the ARCHITECT and delivered to the Employer stating that the Works have been completed, maintained and any defects therein have been remedied to his satisfaction. The Defects Liability Certificate shall be given by the ARCHITECT within twenty-eight days after the expiry of the Defect Liability Period, or if different Defect Liability Period shall become applicable to different sections or parts of the Works, the expiry of the latest such period or as soon thereafter as any works ordered during such period, pursuant to clauses 2.8.0 shall have been completed to the satisfaction of the ARCHITECT and full effect shall be given to this clause, notwithstanding any previous entry on the Works or taking the possession, working or using thereof or any part thereof by the Employer.

3.14.2

Cessation of Employer's Liability The Employer shall not be liable to the Contractor for any matter or thing arising out of or in connection with the Contract or the execution of the Works, unless the Contractor shall have made a claim in writing in respect thereof before the giving of the Defects Liability Certificate under this clause.

3.14.3

Unfulfilled Obligations Notwithstanding the issue of the Defects Liability Certificate, the Contractor, and subject to 3.14.2 of this clause, the Employer shall remain liable for the fulfillment of any obligation incurred under the provisions of the Contract prior to the issue of the Defects Liability Certificate which remains unperformed at the time when such certificate is issued and, for the purposes of determining the nature and extent of any such obligation, the Contract shall be deemed to remain in force between the parties hereto. *****

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

77 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

GENERAL CONDITIONS OF CONTRACT VOLUME – I PART – IV REMEDIES AND POWERS

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

77 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

78 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

GENERAL CONDITIONS OF CONTRACT VOLUME – I PART – IV REMEDIES AND POWERS CONTENTS

4.1.0

DEFAULT OF CONTRACTOR

81

4.1.2

VALUATION AT DATE OF FORFEITURE

82

4.1.3

PAYMENT AFTER FORFEITURE

82

4.1.4

ASSIGNMENT OF BENEFIT OF AGREEMENT

82

4.1.5

TERMINATION OF CONTRACT FOR DEATH

82

4.2.0

URGENT REPAIRS

83

4.3.0

FORCE MAJEURE / SPECIAL RISKS

83

4.3.3

NO LIABILITY FOR SPECIAL RISK

83

4.3.4

DAMAGE TO WORKS, ETC. BY SPECIAL RISKS

84

4.3.5

PROJECTILE, MISSILE, ETC.

84

4.3.6

INCREASED COSTS ARISING FROM SPECIAL RISKS

84

4.3.7

OUTBREAK OF WAR

84

4.3.8

REMOVAL OF PLANTS ON TERMINATION

85

4.3.9

PAYMENT IF CONTRACT TERMINATED

85

4.3.10

POWER TO RECOVER

85

4.4.0

FRUSTRATION

85

4.4.1

PAYMENT IN EVENT OF FRUSTRATION

85

4.5.0

DEFAULT OF EMPLOYER

86

4.6.0

EMPLOYER'S SPECIAL POWER OF

86

FORECLOSURE OF THE WORKS 4.7.0

SETTLEMENT OF DISPUTES

86

4.7.1

BY ARCHITECT

86

4.7.2

ARBITRATION

87

4.8.0

UNFORESEEABLE PHYSICAL CONDITIONS

88

4.9.0

UNFORESEEABLE DIFFICULTIES

89

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

79 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

80 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

GENERAL CONDITIONS OF CONTRACT VOLUME – I PART – IV REMEDIES AND POWERS

4.1.0

DEFAULT OF CONTRACTOR

4.1.1

If the Contractor shall become bankrupt, or have a receiving order made against him, or shall present his petition in bankruptcy, or shall make an arrangement with or assignment in favour of his creditors, or shall agree to carry out the Contract under a committee of inspection of his creditors or, shall suffer any payment under this contract to be attached by or on behalf of any of his/its creditors or shall charge or encumber this Contract or any payments due or which may become due to the Contractor hereunder or being a corporation, shall go into liquidation or pass a resolution for winding up voluntarily or subject to the supervision of the Court and the Official Assignee or the Liquidator in such acts of insolvency or winding up, as the case may be, (other than a voluntary liquidation for the purposes of amalgamation or reconstruction), or if the Contractor shall assign the Contract, without the consent in writing of the Employer first obtained, or shall have an execution levied on his goods or other process of Court attaching property to be issued against him/it, or if the ARCHITECT shall certify in writing to the Employer that in his opinion the Contractor :(a)

has abandoned the Contract, or

(b)

without reasonable excuse has failed to commence the Works or without lawful excuse under these conditions has suspended the progress of the Works for fourteen days after receiving from the ARCHITECT written notice to proceed, or

(c)

has failed to remove materials from the Site or to pull down and replace any Work within fourteen days after receiving written notice from the ARCHITECT that the said materials or Work had been condemned and rejected by the ARCHITECT under these conditions, or

(d)

despite previous warnings by the ARCHITECT, in writing, is not executing the Works in accordance with the Contract, or is persistently or flagrantly neglecting to carry out all or any of his obligations under the Contract, or

(e)

has, to the detriment of good workmanship, or in defiance of the ARCHITECT's instructions to the contrary, sub-let any part of the Contract,

then and in any of the said cases the Employer may, notwithstanding any previous waiver, after giving fourteen days notice in writing to the Contractor, determine the Contract, but without thereby affecting the powers and rights of the ARCHITECT or the obligations and liabilities of the Contractor, the whole of which shall continue in force as fully as if the Contract had not been so determined, and as if the Works subsequently executed had been executed by or on behalf of the Contractor. And further, the Employer by his agents or servants may, enter upon the Site and the Works and expel the Contractor therefrom and may himself complete the Works or may employ any other contractor to complete the Works. The Employer or such other contractor may use for such completion so much of the constructional plant, Temporary Works and materials, which have been deemed to VOLUME – I

GENERAL CONDITIONS OF CONTRACT

81 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

be reserved exclusively for the execution of the Works, under the provisions of the Contract, as he or they may think proper, and the Contactor shall not in any way interrupt or do any act, matter or thing to prevent or hinder such other contractor or other person or persons employed for completing and finishing or using the materials and plant for the Works. When the works shall be completed or as soon, thereafter, as convenient the ARCHITECT shall give a notice in writing to the Contractor to remove his surplus materials and constructional plant and should the Contractor fail to do so within a period of fourteen days after receipt there of by him, the Employer may (but without being responsible for any loss or damage) at any time, sell any of the said constructional plant, Temporary Works and unused materials and apply the proceeds of sale in or towards the satisfaction of any sums due or which may become due to him from the Contractor under the Contract. 4.1.2

Valuation at Date of Forfeiture The ARCHITECT shall, as soon as may be practicable after any such entry and expulsion by the Employer, fix and determine expert, or after reference to the parties, or after such investigation or inquiries as he may think fit to make or institute, and shall certify what amount, if any, had at the time of such entry and expulsion been reasonably earned by or would reasonably accrue to the Contractor in respect of Work then actually done by him under the Contract and the value of any of the said unused or partially used materials, any constructional plant and any Temporary Works.

4.1.3

Payment after Forfeiture If the Employer shall enter and expel the Contractor under this clause, he shall not be liable to pay to the Contractor any money on account of Contract until the expiry of the Period of Maintenance (Defect Liability Period) and thereafter until the cost of execution and maintenance, damages or delay in completion, if any, and all other expenses incurred by the Employer have been ascertained and the amount thereof certified by the ARCHITECT. The Contractor shall then be entitled to receive only such sum or sums, if any, as the ARCHITECT may certify, would have been payable to him upon due completion by him after deducting the said amount. If such amount shall exceed the sum which would have been payable to the Contractor on due completion by him, then the Contractor shall, upon demand pay to the Employer the amount of such excess and it shall be deemed a debt due by the Contractor to the Employer and shall be recoverable accordingly.

4.1.4

Assignment of Benefit of Agreement Unless prohibited by law, the Contractor shall, if so instructed by the ARCHITECT within 14 days of such entry and termination referred to in Sub-clause 4.1.1 assign to the Employer the benefit of any agreement for the supply of any goods or materials or services and/or for the execution of any work for the purpose of the Contract, which the Contractor may have entered into.

4.1.5

Termination of Contract for death If the Contractor is an individual or the proprietor of a firm or the managing director or promoter of a company and the individual or the proprietor dies and if a Partner of Partnership firm dies, unless the Employer is satisfied that the legal successor of the individual or the proprietor or surviving partner(s) or the promoters or the company are capable of carrying out and completing the Contract satisfactorily, the Employer

82 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

shall have the option to terminate the Contract without compensation to the Contractor. 4.2.0

URGENT REPAIRS If, by reason of any accident or failure, or other event occurring to, in, or in connection with the Works or any part thereof, either during the execution of the Works or during the period of Defect Liability Period, any remedial or other Work or repair shall, in the opinion of the ARCHITECT be urgently necessary for the security and safety of the life or for the Works or of adjoining property and the Contractor is unable or unwilling at once to do such work or repair, the Employer may employ and pay other persons to carry out such work or repair as the ARCHITECT or the may consider necessary. If the Work or repair so done by the Employers is work which, in the opinion of the ARCHITECT, the Contractor was liable to do at his own expense under the Contract, all expenses properly incurred by the Employer in so doing shall be recoverable from the Contractor by the Employer or may be deducted by the Employer from any moneys due or which may become due to the Contractor. Provided always that the ARCHITECT shall, as soon after the occurrence of any such emergency as may be reasonably practicable, notify the Contractor thereof in writing.

4.3.0

FORCE MAJEURE / SPECIAL RISKS

4.3.1

Force Majeure means exceptional event of circumstance

4.3.2

4.3.3

a)

which is beyond a Party’s Control,

b)

which, having, arisen, such party could not reasonably have avoided or overcome, and

c)

which is not substantially attributable to the other party.

Special Risks are a)

War, hostilities, whether war be declared or not, invasion, act of foreign enemies.

b)

Rebellion, Revolution, Insurrection, or Military or usurped power or Civil war.

c)

Ionising radiations or contamination by radio activity from any nuclear fuel or from any nuclear waste from combustion of nuclear fuel, radio active toxic explosive or other hazardous properties of explosive nuclear assembly or nuclear component thereof.

d)

Pressure waves caused by air craft or any other aerial device traveling at sonic or supersonic speed.

e)

Riot, commotion or disorder, unless solely restricted to employees of the contractor or of his sub contractors and arising from the conduct or the work.

f)

Floods, tornados, earth quakes and land slides.

g)

Munitions of war, explosive materials, ionizing radiation or contamination by radio-activity, except as may be attributable to the Contractor’s use of such munitions, explosives, radiation or radio-activity, and

h)

natural catastrophe such as earthquake, hurricane, typhoon or volcanic activity.

No liability for Force majeure / special risk The contractor shall be under no liability what so ever in consequences of any of the special risk referred to in 4.3.1 above whether by way of indemnity or otherwise, for or in respect of

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

83 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

a)

Destruction of or damage to the works, save to work condemned under the provisions of clause 6.9.2, 6.10.1 and 6.10.2 prior to the occurrence of any of the said special risks.

b)

destruction of or damages to the property whether of the Employer or third parties or

c)

injury or loss of life

The Employer shall indemnify and save harmless the contractor against and from the same and against all claims, proceedings, damages, costs charges and expenses whatsoever arising therefrom or in connection therewith. 4.3.4

Damage to Works, etc. by Special Risks If the Works or any materials on or near or in transit to the site, or any other property of the Contractor used or intended to be used for the purpose of the Works, shall sustain destruction or damage by reason of any of the said special risks the Contractor shall be entitled to payment for:

4.3.5

(a)

any Permanent Work and for any materials so destroyed or damaged, and, so far as may be required by the ARCHITECT, or as may be necessary for the completion of the Works, on the basis of cost as the ARCHITECT may certify to be reasonable,

(b)

replacing or making good any such destruction or damage to the Works,

(c)

replacing or making good such materials or other property of the Contractor used or intended to be used for the purpose of the Works.

Projectile, Missile, etc. Destruction, damage, injury or loss of life caused by the explosion or impact whenever and wherever occurring of any mine, bomb, shell, grenade, or other projectile, missile, munitions, or explosive of war, shall be deemed to be a consequence of the said special risks.

4.3.6

Increased Costs arising from Force Majeure / Special Risks The Employer shall repay to the Contractor any increased cost of or incidental to the execution of the Works, other than such as may be attributable to the cost of reconstructing work condemned under the provisions of clauses 6.10.1 and 6.10.2 hereof, prior to the occurrence of any special risk, which is howsoever attributable to or consequent to or the result of or in any way whatsoever connected with the said special risks, subject however to the provisions in this clause hereinafter contained in regard to outbreak of war, but the Contractor shall as soon as any such increase of cost shall come to his knowledge, forthwith notify the ARCHITECT thereof in writing.

4.3.7

Outbreak of War If, during the currency of the Contract, there shall be an outbreak of war, whether war is declared or not, in any part of the world which, whether financially or otherwise materially affects the execution of the Works, the Contractor shall, unless and until the Contract is terminated under the provisions of this clause, continue to use his best endeavours to complete the execution of the Works. Provided always that the Employer shall be entitled at any time after such outbreak of war to terminate the Contract by giving written notice to the Contractor and, upon such notice being given, this Contract shall, except as to the rights of the parties under this clause

84 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

and to the operation of clause 4.6.0. hereof, terminate, but without prejudice to the rights of either party in respect of any antecedent breach thereof. 4.3.8

Removal of plants on Termination If the Contract shall be terminated under the provisions of the last preceding subclause 4.3.7, the Contractor shall, with all reasonable dispatch, remove from the Site all constructional plants and shall give similar facilities to his Sub-Contractor to do so.

4.3.9

Payment if Contract Terminated If the Contract shall be terminated as aforesaid the Contractor shall be paid by the Employer, insofar as such amounts or items shall not have already been covered by payments on amount made to the Contractor, for all work executed prior to the date of termination at the rates and prices provided in the Contract and in addition,

4.3.10

(a)

The amounts payable in respect of any preliminary items, so far as the work or service comprised therein has been carried out or performed, and a proper proportion as certified by the ARCHITECT of any such items, the work or service comprised in which has been partially carried out or performed.

(b)

The cost of materials or goods reasonably ordered for the Works which shall have been delivered to the Contractor or of which the Contractor is legally liable to accept delivery such materials or goods becoming the property of the Employer upon such payments being made by him.

(c)

A sum to be certified by the ARCHITECT, being the amount of any expenditure reasonably incurred by the Contractor in the expectation of completing the whole of the Works insofar as such expenditure shall not have been covered by the payments in this sub-clause before mentioned.

(d)

Any additional sum payable under the provisions of sub-clauses 4.3.2, 4.3.3 and 4.3.5 of this clause.

(e)

The reasonable cost of removal of constructional plants under sub- clause 4.3.8 of this clause and, if required by the Contractor, return thereof to the Contractor's main plant yard in his country of registration or to other destination, at no greater cost.

Power To Recover Provided always that against any payments due from the Employer under this subclause, the Employer shall be entitled to be credited with any outstanding balances due from the Contractor for advances in respect of constructional plants and materials and any other sums which at the date of termination were recoverable by the Employer from the Contractor under the terms of the Contract.

4.4.0

FRUSTRATION

4.4.1

Payment in Event of Frustration If a war, or other circumstances outside the control of both parties, arises after the Contract is made so that renders it impossible on unlawful for either party to fulfill his contractual obligations, or under the law governing the Contract, the parties are released from further performance, then the sum payable by the Employer to the Contractor in respect of the Works executed shall be the same as that which would have been payable under clause 4.3.0. hereof if the Contract had been terminated under the provisions of clause 4.3.0. hereof.

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

85 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

4.5.0

DEFAULT OF EMPLOYER

4.5.1

In the event of the Employer, (a)

failing to pay to the Contractor the amount due under any certificate of the ARCHITECT within 90 days period after the same shall have become due under the terms of the Contract, subject to any deduction that the Employer is entitled to make under the Contract, or

(b)

interfering with or obstructing or refusing any required approval to the issue of any such certificate, or

(c)

giving formal notice to the Contractor that for unforeseen reasons, due to economic dislocation, it is impossible for him to continue to meet his contractual obligations.

(d)

Becoming bankrupt or being a truss, going into liquidation other than for the purpose of a scheme of reconstruction or amalgamation.

Contractor shall be entitled to terminate his services under the Contract after giving fourteen days' prior written notice to the Employer, with a copy to the ARCHITECT. 4.5.2

Upon the expiry of the fourteen days notice referred to in sub- clause 4.5.1 of this clause, the Contractor shall, notwithstanding the provisions of clause 5.15.1. thereof, with all reasonable dispatch, remove from the site all constructional plants brought by him thereon.

4.5.3

In the event of such termination the Employer shall be under the same obligation to the Contractor in regard to payment as if the Contract had been terminated under the provisions of clause 4.3.0 hereof, but, in addition of the payments specified in clause 4.3.8 hereof, the Employer shall pay to the Contractor the amount of any loss or damage to the Contractor arising out of or in connection with or by consequence of such termination.

4.6.0

EMPLOYER'S SPECIAL POWER OF FORECLOSURE OF THE WORKS If at any time after the issue of Work Order, the Employer shall for any reason whatsoever not require the whole or part of the Works to be carried out, the Employer shall give notice in writing of the fact to the Contractor, who shall have no claim to any payment of compensation or otherwise howsoever on account of any profit or advantage, which he might have derived from execution of the Works in full but which he did not derive in consequence of the foreclosing of the Works. He shall be paid at Contract Rates for the portion of Works executed including such additional works e.g. clearing of the Site, etc. as may be rendered necessary by the said foreclosing. He shall also be allowed a reasonable payment for any expenses sustained on account of labour, materials, Contractor's Equipment collected but which could not be utilised on the Works as verified by the ARCHITECT and certified by him.

4.7.0

SETTLEMENT OF DISPUTES

4.7.1

By ARCHITECT

4.7.1.1

If the Contractor considers any work demanded of him to be outside the requirements of the Contract, considers any drawings, specifications, record or ruling of the Architect on any matter out of the contract or the carrying out of work to be impracticable or claims any extra payment, he shall promptly ask the Architect in writing. Thereupon the Architect shall give his written instructions or decision within a period of fourteen days of such request.

4.7.1.2

Upon receipt of the written instructions or decision, the Contractor shall promptly proceed without delay to comply with such instructions or decision.

86 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

4.7.1.3

If the Architect fails to give his instructions or decision in writing within a period of fourteen days after being requested or if the Contractor is dissatisfied with the instructions or decisions of the Architect, the Contractor may, within seven days after receiving the instructions or decision, appeal to the ARCHITECT through the Engineer or a person nominated by him, who shall afford an opportunity to the Contractor to be heard and to offer evidence in support of his appeal. The ARCHITECT or the person nominated by him, shall give a decision within a period of thirty days after the Contractor has given the said evidence in support of his appeal. If the Contractor or the Employer is dissatisfied with this decision, the affected party, within a period of thirty days from receipt of the decision, shall indicate his intention to refer the dispute to arbitration, failing which the said decision shall be final and conclusive.

4.7.2

Arbitration

4.7.2.1

All disputes and differences of any kind whatever arising out of or in connection with the Contract or the carrying out of the works (whether during the progress of the works or after their completion and whether before or after the determination, abandonment or breach of the contract shall be referred to and settled by the ARCHITECT who shall state his decision in writing. Such decision may be in the form of a final certificate or otherwise. The decision of the ARCHITECT with respect to any of the special risk (clause no. 2.5) shall be final and without appeal. But if either the Employer or the Contractor be dissatisfied with the decision of the ARCHITECT on a matter, question or dispute of any kind (except any of the special risk) or as to the withholding by the ARCHITECT of any certificate to which the Contractor may claim to be entitled, then and in any such case either party (the Employer or the Contractor) may, within 28 days after receiving notice of such decision, give a written notice to the other party through the ARCHITECT requiring that matters in dispute be arbitrated upon. Such written notice shall be referred to arbitration under the provision of the Arbitration and Conciliation Act, 1996 or any statutory modification or reenactment thereof and the rules made thereunder and for the time being in force. Such arbitration shall be conducted by three arbitrators, one each for the Employer and the Contractor, i.e. parties to the dispute who in turn shall jointly nominate a third arbitrator before the arbitration. Arbitrators shall be experienced and knowledgeable persons in the field of construction and development of first class real estate projects.

4.7.2.2

The Arbitrators shall have power to open up, review and revise any certificate, opinion, decision, requisition or notice save in regard to the special risks referred to in the preceding clause, and to determine all matters in dispute which shall be submitted to arbitration and of which notice shall have been given as aforesaid.

4.7.2.3

The Arbitrators shall make his or their award within six months (or such further extended time as may be decided by him or them as the case may be with the consent of the parties) from the date of entering on the reference. In case during the arbitration proceedings the parties mutually settle, compromise or compound their dispute or difference, the reference to arbitration proceedings shall stand withdrawn or terminated, with effect from the date on which the parties file a joint memorandum of settlement thereof, with the arbitrators.

4.7.2.4

Upon every or any such reference, the cost of and incidental to the reference and award respectively shall be at the discretion of the arbitrators who may determine the amount thereof, or direct the same to be taxed as between attorney and client or as

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

87 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

between party and party, and shall direct by whom and to whom and in what matter the same shall be borne and paid. This submission shall be deemed to be a submission to arbitration within the meaning of the Arbitration and Conciliation Act, 1996 or any statutory modification thereof. 4.7.2.5

The work under the Contract shall continue during the arbitration proceedings and no payment due to the Contractor shall be withheld on account of such proceeding under progress.

4.7.2.6

No award of the Arbitrators shall relieve the Contractor of his obligations to adhere strictly to the ARCHITECT's instructions with regard to the works.

4.7.2.7

The venue of the Arbitration shall be decided by the Arbitrators. The Arbitrator shall give his award separately on each item with reason and costs. The award of the Arbitrators shall be final, conclusive and binding on all parties.

4.7.2.8

The Employer and the Contractor hereby shall also agree that arbitration under this clause shall be a condition precedent to any right of action under the contract. The provisions of this clause shall survive the expiry or sooner termination of his Contract.

4.8.0

UNFORESEEABLE PHYSICAL CONDITIONS In this clause physical conditions means natural physical conditions and man-made and other physical obstructions and pollutants, which the contractor encounters at the site when executing the works, including sub-surface and hydrological conditions but excluding climatic conditions. If the contractor encounters adverse physical conditions which he considers to have been unforeseeable, the contractor shall give notice to the ARCHITECT as soon as practicable. This notice shall describe the physical conditions, so that they can be inspected by the ARCHITECT, and shall set out the reasons why the contractor considers them to be unforeseeable. The contractor shall continue executing the works, using such proper and reasonable measures as are appropriate for the physical conditions, and shall comply with any instructions which the ARCHITECT may give. If an instruction constitutes a variation, shall apply. If and to the extent that the contractor encounters physical conditions which are unforeseeable, gives such a notice, and suffers delay and / or incurs cost due to these conditions, the contractor shall be entitled subject to a)

an extension of time for any such delay, if completion is or will be delayed, under and

b)

payment of any such cost, which shall be included in the contract price.

After receiving such notice and inspecting and / or investigating these physical conditions, the ARCHITECT shall proceed in accordance with sub clause 3.5 to agree or determine (i) whether and (if so) to what extent these physical conditions were unforeseeable, and (ii) the matters described in sub-paragraphs (a) and (b) above related to this extent. However, before additional cost is finally agreed or determined under sub-paragraph (ii), the ARCHITECT may also review whether other physical conditions may also review whether other physical conditions in similar parts of the works (if any) were more favourable than could reasonably have been foreseen when the contractor submitted the tender. If and to the extent that these more favourable conditions were encountered, the ARCHITECT may proceed in accordance with sub clause 3.5 to agree or determine the reductions in cost which were due to these conditions, which 88 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

may be included (as deductions) in the contract price and payment certificates. However, the net effect of all adjustments under sub paragraph (b) and all these reductions, for all the physical conditions encountered in similar parts of the works, shall not result in the net reduction in the contract price. The ARCHITECT may take account of any evidence of the physical conditions foreseen by the contractor when submitting the tender, which may be made available by the contractor, but shall not be bound by any such evidence. 4.9.0

UNFORESEEABLE DIFFICULTIES Except as otherwise stated in the contract : a)

the contractor shall be deemed to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the works;

b)

by signing the contract, the contractor accepts total responsibility for having foreseen all difficulties and costs of successfully completing the works; and

c)

the contract price shall not be adjusted to take account of any unforeseen difficulties or costs;

*****

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

89 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

90 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

GENERAL CONDITIONS OF CONTRACT VOLUME – I PART – V GENERAL OBLIGATIONS OF THE CONTRACTOR

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

91 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

92 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

GENERAL CONDITIONS OF CONTRACT VOLUME – I PART – V GENERAL OBLIGATIONS OF THE CONTRACTOR CONTENTS

5.1.0

CONTRACTOR'S GENERAL RESPONSIBILITIES

95

5.1.5

SETTING OUT

95

5.2.0

CONTRACT AGREEMENT

96

5.3.0

GIVING NOTICES AND PAYMENT OF FEES

96

5.4.0

PROGRAMME

96

5.4.1

PROGRAMME TO BE FURNISHED

96

5.4.2

ALTERATION TO PROGRAMME

97

5.4.3

REVISION OF PROGRAMME

97

5.5.0

FOSSILS, ETC.

98

5.6.0

PATENT RIGHTS AND ROYALTIES

98

5.7.0

OPPORTUNITIES FOR OTHER CONTRACTORS

98

5.8.0

RISK AND RESPONSIBILITY

98

5.8.1

ALLOCATION OF RISK RESPONSIBILITIES

98

5.8.2

RISK TRANSFER DATE

99

5.8.3

PASSING OF RISK OF LOSS OR

5.8.4

LOSS OR DAMAGE BEFORE RISK TRANSFER DATE

100

5.8.5

CARE OF WORKS

100

5.9.0

INTERFERENCE WITH TRAFFIC AND

101

100

OF DAMAGE TO THE WORKS

ADJOINING PROPERTIES 5.10.0

CONTRACTOR TO KEEP SITE CLEAR

101

5.11.0

CLEARANCE OF SITE ON COMPLETION

101

5.12.0

WATCHING AND LIGHTING

101

5.13.0

SITE OFFICE FOR THE EMPLOYER

101

5.14.0

SAFETY PRECAUTIONS AND SAFETY PROCEDURES

102

5.14.1

SAFETY PRECAUTIONS

102

5.14.2

SAFETY PROCEDURE

102

5.15.0

MATERIALS AND WORKMANSHIP

103

5.15.1.1

MANNER OF EXECUTION

103

5.15.1.2

SAMPLES

103

5.15.1.3

COST OF TEST

103

5.15.2

COVERING UP WORK

103

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

93 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

5.15.3

UNCOVERING WORK

103

5.15.4

INDEPENDENT INSPECTION

104

5.15.5

INSPECTION AND TESTING DURING MANUFACTURE

104

5.15.6

DATES FOR INSPECTION AND TESTING

104

5.15.7

REJECTION

104

5.15.8

PERMISSION TO DELIVER

104

5.15.9

RECORD OF MATERIALS

105

5.15.10

RECONCILIATION OF MATERIALS

105

5.16.0

STANDARDS AND CODES OF PRACTICE

105

5.17.0

APPROVAL NOT IMPLIED

105

5.18.0

PUBLICITY

105

5.18.1

SITE DISPLAY

105

5.18.2

MEDIA DISPLAY

105

5.19.0

EMPLOYMENT EXCHANGE

105

5.20.0

ERRORS AND OMISSION

105

94 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

GENERAL CONDITIONS OF CONTRACT VOLUME – I PART – V GENERAL OBLIGATIONS OF THE CONTRACTOR

5.1.0

CONTRACTOR'S GENERAL RESPONSIBILITIES

5.1.1

The Contractor shall, subject to the provisions of the Contract and with due care and diligence, execute, maintain and complete the Works remedy any defects there in accordance with the provisions of the Contract and provide at its sole cost all labour, including the supervision thereof, materials, constructional plant and all other things, whether of a temporary or permanent nature, required in and for such design, execution and maintenance, completion and remedying of any defects so far as the necessity for providing the same is specified in or is reasonably to be inferred from the Contract.

5.1.2

The Contractor shall take full responsibility for the adequacy, stability and safety of all site operations and methods of construction, provided that the Contractor shall not be responsible, except as may be expressly provided in the Contract, for the design or specification of the permanent works, or for the design or specification of any temporary works prepared by the Architect / Associate Consultants, ARCHITECT, and / or other consultants appointed by the Employer.

5.1.3

The contractor shall carry out all the works strictly in accordance with the drawings, details and instructions of the ARCHITECT. In the opinion of the ARCHITECT if any changes are to be made, the same shall be intimated in writing to the Contractor and the Contractor shall carry out the same.

5.1.4

The Contractor shall be responsible for all injury or damage to persons, animals, or things, and for all damage to property or death of any person under a contract of service with the Contractor, which may arise from any factor / omission on the part of the Contractor or any Sub-Contractor or any nominated Sub-Contractor or any of their employees. The liability under the clause shall cover also, interalia 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 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 or death of any person under a contract of service with the contractor 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 of compensation or damage consequent upon such claims.

5.1.5

Setting Out The Contractor shall be responsible for

VOLUME – I

a)

The accurate setting-out of the works in relation to original points, lines and levels of reference given by the Architect in writing.

b)

The correction, subject as above mentioned, of the position, levels, dimensions and alignment of all parts of the work, and GENERAL CONDITIONS OF CONTRACT

95 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

c)

The provision of all necessary instruments appliances and labour in connection with the foregoing responsibilities.

If, at any time during the progress of the Works, any error shall appear or arise in the position, levels, dimensions or alignment of any part of the Works, the Contractor, on being required so to do by the Architect, shall, at his own cost, rectify such error to the satisfaction of the Architect, unless such error is based on incorrect data supplied in writing by the Architect, in which case the expense of rectifying the same shall be borne by the Employer. The checking of any setting-out or of any line or level by the Architect shall not in any way relieve the Contractor of his responsibility for the correctness thereof and the Contractor shall carefully protect and preserve all benchmarks, sight-rails, pegs and other things used in setting-out the works. 5.2.0

CONTRACT AGREEMENT

5.2.1

The Contractor shall, when called upon to do so by the Employer, enter into and execute a formal contract agreement as per enclosed draft as stated in tender form within time specified in after the award of the works or as specified in works order.

5.3.0

GIVING NOTICES AND PAYMENT OF FEES

5.3.1

This contract shall, in all respects, be construed and operated as an Indian Contract and shall be subject to Indian laws in force from time to time. The Contractor should conform to all laws of the land in relation to the Works, and the regulations and byelaws of any authority and of any water or electric supply companies with whose systems the structure is proposed to be connected. The Contractor shall give all notices required by the said acts, regulations or bye-laws and pay all fees that may be properly chargeable in connection therewith and lodge the receipts with the ARCHITECT. The Contractor shall protect and indemnify the Employer against all claims or liabilities arising from his actions or omissions in violation of such laws, ordinances, regulations and bye-laws by him.

5.3.2

Compliance with Statutes, Regulations, etc. The Contractor shall conform in all respects with the provisions of any such Statute, Ordinance or Law as aforesaid and the regulations or bye-laws of any local or other duly constituted authority which may be applicable to the Works and with such rules and regulations of public bodies and companies as aforesaid and shall keep the Employer indemnified against all penalties and liabilities of every kind for breach of any such Statute, Ordinance or Law, Regulation or Bye-Laws.

5.3.3

The Employer will repay or allow to the Contractor all such sums as the ARCHITECT shall certify to have been properly payable and paid by the Contractor in respect of such fees.

5.4.0

PROGRAMME

5.4.1

Programme to be Furnished Within the time stated in the Appendix TF to tender form, the Contractor shall, after the acceptance of his Tender, submit to the ARCHITECT for his approval a programme showing the order of procedure in which he proposes to carry out the Works. The Contractor shall whenever required by the ARCHITECT, also provide in writing for his information a general description of the arrangements and methods which the Contractor proposes to adopt for the execution of the Works. The Contractor shall submit to the ARCHITECT for his approval the Programme which shall contain the following:

96 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

a)

the order in which the Contractor proposes to carry out the Works (including design, manufacture, delivery to Site, erection, testing and commissioning),

b)

the times when submission and approval of the Contractor's Drawings are required,

c)

the times by which the Contractor requires the Employer: (i)

to furnish any Employer's Drawings,

(ii)

to provide access to the Site,

(iii)

to have completed the necessary civil engineering work (including foundations for the Plant) and

(iv)

to have obtained any import licenses, consents, wayleaves and approvals necessary for the purpose of the Works. The Contractor shall submit the Programme in the form stated in the Appendix TF to Tender Form within 28 days after the Commencement Date. The approval by the ARCHITECT of the Programme shall not relieve the Contractor or the Employer from any obligation under the Contract.

The provision of a Programme is vital to the successful completion of the Contract. It is for the ARCHITECT and the Employer to decide in what form they require the Programme, e.g. critical path network, simple or PERT and in such detail as the ARCHITECT may require. The Programme is important for both Contractor and Employer and particularly from the Employer's point of view in relation to the times within which he is to provide Employer's Drawings, to provide access to Site, to have completed any necessary civil engineering work and to obtain import licenses, etc. The Programme could also be crucial in determining the disrupting effect of any delays which may occur during the course of the Contract and whether the Contractor is entitled to an extension of time. 5.4.2

Alteration to Programme If at any time should it appear to the ARCHITECT that the actual progress of the Works does not conform to the approved programme referred to in sub-clause 5.4.1, the Contractor shall produce, at the request of the ARCHITECT, a revised programme showing the modifications to the approved programme necessary to ensure completion of the Works within the time for completion as defined in clause 2.2.0 hereof. The revised programme shall be submitted within 10 days from the date of the Architect’s letter. In the event that the Contractor defaults in submitting the revised programme within 10 days as provided hereinabove then he shall be liable to pay liquidated damages at Rs.2000/- per day for the delay for first seven working days and beyond that at the rate of Rs.5000/- per day for a further period of seven days. Beyond which the Architect shall be entitled to determine the Contract for non compliance of the ARCHITECT's / Architect's decision. No material alteration to the Programme shall be made without the approval of the ARCHITECT. The submission to and approval by the ARCHITECT of such programmes or the furnishing of such particulars shall not relieve the Contractor of any of his duties or responsibilities under the Contract.

5.4.3

Revision of Programme If the progress of the Works does not conform to the Programme, the ARCHITECT may instruct the Contractor to revise the Programme and the Contractor is under

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

97 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

obligation to do so within 7 days or instruction. This is applicable even if it is due to changes to other agencies work at site after whatever reasons. 5.5.0

FOSSILS, ETC. All fossils, coins, articles of value or antiquity and structures and other remains or things of geological or archaeological interest discovered on the site of the Works shall, as between the Employer and the Contractor, be deemed to be the absolute property of the Employer. The Contractor shall take reasonable precautions to prevent his workmen or any other persons from removing or damaging any such article or thing and shall immediately, upon discovery thereof, and, before removal, acquaint the Architect of such discovery and carry out, at the expense of the Employer, the Architect's orders as to the disposal of the same.

5.6.0

PATENT RIGHTS AND ROYALTIES The Contractor shall save harmless and indemnify the Employer from and against all claims and proceedings for or on account of infringement of any patent rights, design trademark or name or other protected rights in respect of any constructional plant, machine work, or material used for or in connection with the Works or any of them and from and against all claims, proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto. Except where otherwise specified, the Contractor shall pay all tonnage and other royalties, rent and other payments or compensation, if any, for getting stone, sand, gravel, clay or other materials required for the Works or any of them. Also the contractor shall be responsible to obtain license / permission for disposal of excavated material as per local law. The cost of license fee and other charges if any shall be paid by the Contractor. All royalties or other sum payable in respect of the supply and use of any patented articles, processes or inventions shall be deemed to have been included in the Contract Price.

5.7.0

OPPORTUNITIES FOR OTHER CONTRACTORS

5.7.1

The ARCHITECT has the right to appoint a Commissioning Agent for overseeing the testing and commissioning of various equipments and all the relevant agencies would extended all support to them.

5.7.2

The Contractor shall, in accordance with the requirements of the ARCHITECT, afford all reasonable opportunities for carrying out their work to any other contractors employed by the Employer and their workmen and to the workmen of the Employer and of any other duly constituted authorities, who may be employed in the execution on or near the site, of any work not included in the Contract or of any contract which the Employer may enter into in connection with or ancillary to the Works. If, however, the Contractor shall, on the written request of the ARCHITECT, make available to any such other contractor, or to the Employer or any such authority, any roads or ways for the maintenance of which the Contractor is responsible, or permit the use by any such service of the Contractor's scaffolding or other plant on the site, or provide any other service of whatsoever nature for any such service, the Employer shall pay to the Contractor in respect of such use or service such sum or sums as shall, in the opinion of the ARCHITECT, be reasonable.

5.8.0

RISK AND RESPONSIBILITY

5.8.1

Allocation of Risk Responsibilities i)

Employer's Risks The Employer's Risks are: a)

98 SEAL OF TENDERER

war and hostilities (whether war be declared or not), invasion, act of foreign enemies; GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

b)

rebellion, revolution, insurrection, military or usurped power or civil war insofar as it relates to the country in which the Works are located or countries through which plant must be transported;

c)

ionizing radiation or contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosives or other hazardous properties of any explosive nuclear assembly or nuclear components thereof;

d)

pressure waves caused by aircraft traveling at sonic or supersonic speed;

e)

riot, commotion or disorder, unless solely restricted to the employees of the Contractor or of his Subcontractors;

f)

use or occupation of the Works or any part thereof by the Employer;

g)

fault, error, defect or omission in the design of any part of the Works by the ARCHITECT, Employer or those for whom the Employer is responsible;

h)

the use. or occupation of the Site by the Works or any part thereof, or for the purposes of the Contract; or interference, whether temporary or permanent with any right of way, light, air or water or with any easement, way leaves or right of a similar nature which is the inevitable result of the construction of the Works in accordance with the Contract;

i)

the right of the Employer to construct the Works or any part thereof on, over, under, in or through any land;

j)

damage (other than that resulting from the Contractor's method of construction) which is the inevitable result of the construction of the Works in accordance with the Contract;

k)

the act, neglect or omission or breach of contract or of statutory duty of the ARCHITECT, the Employer or other contractors engaged by the Employer or of their respective employees or agents;

and all risks which an experienced contractor could not have foreseen or, if foreseeable, against which measures to prevent loss, damage or injury from occurring could not reasonably have been taken by such contractor. ii)

Contractor's Risks The Contractor's Risks are all risks other than those identified as the Employer's Risks.

5.8.2

Risk Transfer Date The Risk Transfer Date in relation to the Works or a Section thereof is the earliest of either:

VOLUME – I

a)

the date of issue of the Taking-Over Certificate, or the date when the ARCHITECT is deemed to have issued the Taking-Over Certificate or the Works are deemed to have been taken over in accordance with Clause 2.7.3and 2.8.0, or

b)

the date of expiry of the notice of termination when the Contract is terminated by the Employer or the Contractor in accordance with these Conditions.

GENERAL CONDITIONS OF CONTRACT

99 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

5.8.3

Passing of Risk of Loss or of Damage to the Works: The risk of loss of or damage to the Works or any Section thereof shall pass from the Contractor to the Employer on the Risk Transfer Date applicable thereto. As noted above, the risk of loss or damage to the Works passes from the Contractor to the Employer on the Risk Transfer Date. Sub-Clauses 5.7.4 and 5.7.5 define the Contractor's liability for losses which occur before the Risk Transfer Date and those which occur after the Risk Transfer Date.

5.8.4

Loss or Damage before Risk Transfer Date Loss of or damage to the Works or any Section thereof occurring before the Risk Transfer Date shall: a)

to the extent caused by any of the Contractor's Risks, be made good forthwith by the Contractor at his own cost, and

b)

to the extent caused by any of the Employer's Risks, be made good by the Contractor at the Employer's expense if so required by the ARCHITECT within 28 days after the occurrence of the loss or damage, The price for making good such loss and damage shall be in all circumstances reasonable and shall be agreed by the Employer and the Contractor, or in the absence of agreement, shall be fixed by arbitration under Clause 4.7.2.

It will be noted from Sub-Clause 5.7.5 that the Contractor is responsible for the care of the Works from the commencement to the Risk Transfer Date. If during this period loss or damage to the Works occurs through causes which fall within any of the Contractor's Risks, the Contractor must make good the loss or damage at his own cost forthwith. Except to the extent that the Contractor can show that the loss or damage has been caused by any of the Employer's Risks the Contractor is liable to make good the loss or damage forthwith at his own cost, even if the loss or damage has occurred through no fault of the Contractor. The Contractor's liability to make good the loss or damage is therefore not confined to those cases where there has been some breach of contract or of statutory duty or some negligence on the part of the Contractor or any of his Subcontractors or employees. To the extent that any loss or damage to the Works occurs in consequence of any Employer's Risk, legal liability to make good the loss or damage is not placed on the Contractor but he can be required to make good the loss or damage at the Employer's expense provided that the ARCHITECT gives him instructions to do so within 28 days after the loss or damage occurs. The Contractor is entitled to be paid a reasonable price for making good the loss or damage which is to be agreed with the Employer. If the price cannot be agreed then the ultimate remedy for Contractor and Employer is to have the price fixed by arbitration under Clause 4.7.0. 5.8.5

Care of Works From the commencement of the Works until the date stated in the certificate of completion for the whole of the Works pursuant to clause 2.7.0 hereof, the Contractor shall take full responsibility for the care thereof. Provided that if the Architect shall issue a Certificate of Completion in respect of any part of the Permanent Works, the Contractor shall cease to be liable for the care of that part of the Permanent Works from the date stated in the certificate of completion in respect of that part and the responsibility for the care of that part shall pass to the Employer. Provided further that the Contractor shall take full responsibility for the care of any outstanding work which he shall have undertaken to finish during the Period of Maintenance (Defect Liability Period) until such outstanding work is completed. In

100 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

case any damage, loss or injury shall happen to the Works, or to any part thereof, from any cause whatsoever, save and except the excepted risks as defined in 5.7.2. of this clause, while the Contractor shall be responsible for the care thereof, the Contractor shall, at his own cost, repair and make good the same, so that at completion the Permanent Works shall be in good order and condition and in conformity in every respect with the requirements of the Contract and the RE's instructions. In the event of any such damage, loss or injury happening from any of the excepted risks, the Contractor shall, if and to the extent required by the Engineer and subject always to the provisions of clause 4.3.0 hereof, repair and make good the same as aforesaid at the cost of the Employer. The Contractor shall also be liable for any damage to the Works occasioned by him in the course of any operations carried out by him for the purpose of completing any outstanding work or complying with his obligations under clauses 2.8.0 and/or 2.9.0 hereof. 5.9.0

INTERFERENCE WITH TRAFFIC AND ADJOINING PROPERTIES All operations necessary for the execution and completion of the Works and the remedying defects therein shall, so far as compliance with the requirements of the Contract permits, be carried on so as not to interfere unnecessarily or improperly with the convenience of the public, or the access to use and occupation of public or private roads and footpaths to or of properties whether in the possession of the Employer or of any other person. The Contractor shall save harmless and indemnify the Employer in respect of all claims, proceedings, damages, costs, charges and expenses whatsoever arising out of, or in relation to, any such matters in so far as the Contractor is responsible therefore.

5.10.0

CONTRACTOR TO KEEP SITE CLEAR During the progress of the Works, the Contractor shall keep the Site reasonably free from all unnecessary obstructions and shall store or dispose off any constructional plant and surplus materials and clear away and remove from the site any wreckage, rubbish or temporary Works no longer required.

5.11.0

CLEARANCE OF SITE ON COMPLETION On the completion of the Works, the Contractor shall clear away and remove from the site all constructional plant, surplus materials, rubbish and Temporary Works of every kind, and leave the whole of the Site and works clean and in a workmanlike condition to the satisfaction of the ARCHITECT.

5.12.0

WATCHING AND LIGHTING The Contractor shall, in connection with the Works, provide and maintain at his own cost all lights, guards, fencing and watching when and where necessary or as required by the ARCHITECT, or by any duly constituted authority, for the protection of the Works, and, for the safety and convenience of the public or others.

5.13.0

SITE OFFICE FOR THE EMPLOYER

5.13.1

The Contractor shall provide, fit – up and maintain in at approved position proper temporary office accommodation for his staff and shall also provide office accommodation (with furniture) and assistance for maintaining then same for Client’s officers, PMC, Architect as per requirement of Client. Also a room for site meeting should be provided. Contractor’s offices shall be open at all reasonable working hours to receive instructions, notices or communications and clear away on completion and make good all works distributed.

5.13..2

Telephone : The Contractor shall maintain a Landline and/or Mobile phone and fax facility at site at his own cost and shall pay all bills for calls and maintenance. The

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

101 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

telephone shall be installed by the Contractor maximum within 30 days from the date of commencement of work and the Contractor shall allow the use of the telephone to all other Contractors engaged on the works, if and a required and may recover proportionate call charges from them. He shall also allow free use of the telephone to the PMC/Client/Architect/Structural Consultant and their representatives and owner’s, for phone calls in connection with the work. 5.14.0

SAFETY PRECAUTIONS AND SAFETY PROCEDURES

5.14.1

Safety Precautions The Contractor shall observe all applicable regulations regarding safety on the Site. Unless otherwise agreed, the Contractor shall, from the commencement of work on Site until taking over provide: a)

fencing, lighting, guarding and watching of the Works, and

b)

temporary roadways, footways, guards and fences which may be necessary for the accommodation and protection of owners and occupiers of adjacent property, the public and others.

This Sub-Clause requires the Contractor to observe all applicable regulations regarding safety on Site. Quite apart from any statutory regulations that may be applicable to the Contractor's construction activities the Employer may well have his own Site safety regulations, copies of which should be provided to the Contractor at the tender stage in order that he may allow for any extra cost of compliance in his prices. If a "permit to work" system is in operation at the Site, full details should be given at the tender stage. The Employer should also provide the Contractor with a plan of the Site identifying any areas where hazardous material may be stored or where any special care may need to be taken by the Contractor and his employees to prevent an accident or injury. The Sub-Clause also sets out the Contractor's general obligations in relation to the security of the Site itself and requires him to provide, unless otherwise agreed, fencing, lighting, guarding and watching of the Works and any temporary roadways, footways, guards, fences necessary for the protection of adjoining owners' other property and the public. 5.14.2

Safety Procedure Contractor should submit a safety procedure prior to start of the construction activities for Employer review. The procedure should include the safety measures to be taken during construction work, fire fighting / safety equipment which will be provided, number of safety / fire officers and their role, periodical exercise on awareness of workers towards safety. Familiarization of workers with safety equipment, teams for fire fighting etc. In case of any emergency, contractor should immediately mobilize all resources to combat the emergency and co-ordinate with Employer suitably. Contractor should ensure that all the contactor’s personnel have undergone the approved basic training on fire fighting and sea survival before deployment. In case of any accident at site causing injury to personnel, contractor shall inform ARCHITECT immediately. Contractor shall also arrange for pickup and immediate medical attention for the injured personnel.

102 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

5.15.0

MATERIALS AND WORKMANSHIP

5.15.1.1

Manner of Execution All materials, Plant and workmanship shall be : a)

of the respective kinds described in the Contract and in accordance with the ARCHITECT’s instruction and

b)

subjected from time to time to such tests as the ARCHITECT may require at the place of manufacturer, fabrication preparation, or on the Site or at such other place or places as may be specified in the Contract, or at all or any of such places. The Contractor shall provide such assistance, labour, electricity, fuels, stores, apparatus and instruments as are normally required for examining, measuring and testing any materials or Plant and shall supply samples of materials, before incorporation in the Works, for testing as may be selected and required by the ARCHITECT.

5.15.1.2

Samples The Contractor shall be responsible for arranging and providing all samples, catalogues, details as required by the specification to the approval of the ARCHITECT. Method shall be as detailed in Special Condition part IX hereof. These shall be submitted 4 weeks prior to material is to be ordered. The approval shall be obtained in writing. The cost of samples, its testing if required prior to approval shall be at the cost of the Contractor.

5.15.1.3

Cost of Test The Contractor shall be required to carry out all test as directed by the ARCHITECT at his cost. The Contractor shall carry out all testing in the presence of the ARCHITECT’s representatives and results jointly noted with due Certification by both i.e. the Contractor and the ARCHITECT’s representative. The cost of setup arranging, visiting, transporting and recurring expenses of site laboratory shall be borne by the Contractor within his quoted price.

5.15.2

Covering up Work The Contractor shall give the ARCHITECT full opportunity to examine, measure and test any work on Site which is about to be covered up or put out of view. The Contractor shall give due notice to the ARCHITECT whenever such work is ready for examination, measurement or testing. The ARCHITECT shall then, unless he notifies the Contractor that he considers it unnecessary, without unreasonable delay carry out the examination, measurement or testing.

5.15.3

Uncovering Work If so instructed by the ARCHITECT, the Contractor shall expose any parts of the Works. The Contractor shall reinstate and make good such parts to the ARCHITECT's satisfaction. If any parts of the Works have been covered up or put out of view by the Contractor after complying with Clause 5.14.2 and are found to be in accordance with the Contract the cost incurred by the Contractor in complying with the ARCHITECT's

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

103 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

instructions including profit shall be certified by the ARCHITECT and added to the Contract Price. 5.15.4

Independent Inspection The ARCHITECT may, if so provided in the Contract or with the Contractor's consent, delegate inspection and testing of Plant to an independent inspector. Any such delegation shall be effected in the manner required by the Contract, and for this purpose such independent inspector shall be considered as an ARCHITECT's Representative. Notice of such appointment (being not less than 14 days) shall be given by the ARCHITECT to the Contractor.

5.15.5

Inspection and Testing During Manufacture The ARCHITECT shall be entitled during manufacture to inspect, examine and test the materials and workmanship and check the progress of manufacture of all Plant to be supplied under the Contract. This shall take place on the Contractor's premises during working hours. If Plant is being manufactured on other premises, the Contractor shall obtain permission for the ARCHITECT to carry out such inspection, examination and testing on those premises. No such inspection, examination or testing shall release the Contractor from any obligation under the Contract.

5.15.6

Dates for Inspection and Testing The Contractor shall agree with the ARCHITECT the time and place for the testing of any Plant as provided in the Contract. The ARCHITECT shall give the Contractor 24 hours notice of his intention to attend the tests. If the ARCHITECT does not attend on the date agreed, the Contractor may, unless the ARCHITECT instincts the Contractor not to do so proceed with the tests, which shall be deemed to have been made in the ARCHITECT's presence. The Contractor shall forthwith forward to the ARCHITECT duly certified copies of the test results. If the ARCHITECT has not attended the test, he shall accept the validity of the test readings.

5.15.7

Rejection If as a result of the inspection, examination or testing referred here above, the ARCHITECT decides that any Plant is defective or otherwise not in accordance with the Contract, he may reject such Plant and shall notify the Contractor thereof immediately. The notice shall state the ARCHITECT's objections with reasons. The ARCHITECT shall not reject any Plant for minor defects which do not affect the commercial operation of such Plant. The Contractor shall then with all speed make good the defect or ensure that any rejected Plant complies with the Contract. If the ARCHITECT requires such Plant to be retested, the tests shall be repeated under the same terms and conditions. AII costs incurred by the Employer by the repetition of the tests shall be deducted from the Contract Price.

5.15.8

Permission to Deliver The Contractor shall apply in writing to the ARCHITECT for permission to deliver Plant or Contractor's Equipment to the Site. No Plant or Contractor's Equipment may be delivered to the Site without the ARCHITECT's written permission. The Contractor shall be responsible for the reception on Site of the Plant and Contractor's Equipment.

104 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

5.15.9

Record of Materials The Contractor shall maintain a record in the format specified by the ARCHITECT of all materials brought to the Site. The Engineer may carry out inspection at any time to check the records and whether they have been properly stored.

5.15.10

Reconciliation of Materials The Contractor shall submit material reconciliation statements supported by complete calculations. Recovery for unreconciled quantity will be made from the Contractor, on the basis of sub- clause "a" and "b" of this clause. (a)

Wastage Limits While accounting for the materials issued by the Employer, the wastage will be considered upto the limits specified in schedule 'A'.

(b)

Penalty for exceeding wastage limits For any wastage above the limits given in above clause 5.15.10 (a) the recovery will be made at rates stated in Schedule ‘A’.

5.16.0

STANDARDS AND CODES OF PRACTICE Work shall be carried out to Indian Standards and Code of practices. In absence International standards shall be followed. These shall be latest issue. List given in contract documents is not to be considered as conclusive and is for reference, guidance only. Any discrepancies / conflict noticed shall be directed to the ARCHITECT for his direction / approval. However as a general rule more stringent specification shall take precedence.

5.17.0

APPROVAL NOT IMPLIED The operation of clause 5.14.0 hereof shall not be deemed to imply any approval by the ARCHITECT of the materials or other matters referred to therein nor shall it prevent the rejection of any such materials at any time by the ARCHITECT.

5.18.0

PUBLICITY

5.18.1

Site Display The Contractor on award of work shall submit to the Engineer details about the type of display board he proposes to put up at site. Its design, matter, sizes, etc. shall be approved by the ARCHITECT with prior approval of the Employer.

5.18.2

Media Display All requested information concerning the works by the news media or other organization (s) or individual (s) shall be referred to the Employer. All plans for the publicity by the Contractor, his Sub-Contractor or his suppliers shall be submitted to the Employer for his approval.

5.19.0

EMPLOYMENT EXCHANGE

5.19.1

The Contractor should as far as possible obtain his labour, skilled and unskilled from the nearest Employment Exchange.

5.20.0

ERRORS AND OMISSION Any apparent errors or omissions in drawings or specifications or instructions by the Architect shall be brought to the notice of the ARCHITECT. The ARCHITECT shall correct such error or omissions necessary to fulfill the interest of plans and specifications. The Contractor shall neither be eligible for any additional cost, time etc. on this account nor shall he be permitted to take any advantage thereof. *****

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

105 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

106 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

GENERAL CONDITIONS OF CONTRACT VOLUME – I PART – VI SITE SUPERVISION

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

107 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

108 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

GENERAL CONDITIONS OF CONTRACT VOLUME – I PART – VI SITE SUPERVISION CONTENTS

6.1.0

PROJECT MANAGER (PM) (Architect Representative/Engineer)

111

6.1.2

RESIDENTIAL ENGINEER

111

6.2.0

CONTRACTOR'S SUPERINTENDENCE

112

6.2.2

CONTRACTOR'S DESIGN AND DRAWINGS

112

6.2.3

CONSEQUENCES OF DISAPPROVAL OF

113

CONTRACTOR'S DRAWINGS 6.2.4

APPROVED CONTRACTOR'S DRAWINGS

113

6.2.5

INSPECTION OF CONTRACTOR'S DRAWINGS

113

6.2.6

ERECTION INFORMATION

113

6.2.7

OPERATION AND MAINTENANCE MANUALS

113

6.2.8

EMPLOYER'S USE OF CONTRACTOR'S DRAWINGS

113

6.2.9

CONTRACTOR'S USE OF EMPLOYER'S DRAWINGS

113

6.2.10

MANUFACTURING DRAWINGS

114

6.2.11

ERRORS IN CONTRACTOR'S DRAWINGS

114

6.2.12

ERRORS BY EMPLOYER OR PM

114

6.2.13

ERRORS BY CONTRACTOR

114

6.3.0

CONTRACTOR'S EMPLOYEES

114

6.4.0

BOREHOLES AND EXPLORATORY EXCAVATION

115

6.5.0

WORK TO BE TO THE SATISFACTION OF RE

115

6.6.0

INSPECTION OF OPERATIONS

115

6.6.1

SITE ACCESS

115

6.6.3

EXAMINATION OF WORK BEFORE COVERING UP

115

6.6.4

UNCOVERING AND MAKING OPENINGS

116

6.6.5

REMOVAL OF IMPROPER WORK AND MATERIALS

116

6.7.0

DEFAULT OF CONTRACTOR IN COMPLIANCE

116

6.8.0

SITE MEETING

116

6.9.0

CONTRACTOR’S ORGANIZATION

116

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

109 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

110 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

GENERAL CONDITIONS OF CONTRACT VOLUME – I PART – VI SITE SUPERVISION

6.1.0

PROJECT MANAGER (PM) (Architect Representative / Engineer)

6.1.1

The Project Manager (PM) shall carry out duties as listed hereunder alongwith associated consultant appointed by him or by the Employer in issuing decisions, certificates and orders in accordance with the Contract. He may in his absolute discretion and from time to time issue further Drawings and / or written instructions which are here after collectively referred to as "PM's Instructions" in this regard to : (i)

The variation or modification of the design, quality or quantity of works or the addition or omission or substitution of any work.

(ii)

Any discrepancy in the Drawings or between the Bills of Quantities and/or Drawings and/or Specification.

(iii)

The removal from the Site of any materials brought thereon by the Contractor and the substitution of any other material thereof.

(iv)

The removal and/or re-execution of any Works executed by the Contractor.

(v)

The dismissal from the Works of any persons employed thereupon.

(vi)

The opening up for inspection of any Work covered up.

(vii)

The amending and making good of any defects under clause 2.8.6 hereof

PM's instructions shall be final and binding on the Contractor and without any appeal. 6.1.2

Residential Engineer The Residential Engineer deputed by the PM shall watch, monitor, administer and coordinate execution, supervision of the Works, review and demand test reports and examine any materials to be used or workmanship employed in connection with the Works record and check measurement. He shall have no authority to relieve the Contractor of any of his duties or obligations under the Contract, nor to order any Work involving delay or any extra payment by the Employer, nor to make any variation of in the Works, except as expressly provided hereunder or elsewhere in the Contract.

6.1.3

VOLUME – I

The PM may from time to time delegate in writing to RE any of the powers and authority vested in him and shall furnish to the Contractor and to the Employer all such written delegation of powers and authorities. Wherever the term PM is used in this contract, it shall include his authorised representative in so far as the powers are delegated to him. All such instructions or approvals given by the PM to the Contractor shall bind the Contractor and the Employer as though it had been given by the PM provided always as follows, (a)

Failure of the RE to disapprove any work or materials shall not prejudice the power of the PM thereafter to disapprove such work or materials and to order the pulling down, removal or breaking up thereof.

(b)

If the Contractor shall be dissatisfied by reason of any decision of the RE or any authorised Representative, he shall be entitled to refer the matter to the PM, who shall thereupon confirm, reverse or vary such decision. GENERAL CONDITIONS OF CONTRACT

111 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

6.2.0

CONTRACTOR'S SUPERINTENDENCE

6.2.1

The Contractor shall give or provide all necessary superintendence during the execution of the Works and as long thereafter as the PM may consider necessary for the proper fulfilling of the Contractor's obligations under the Contract. The Contractor, or a competent and authorised agent or representative approved of in writing by the PM, which approval may at any time be withdrawn, is to be constantly on the Works and shall give his whole time to the superintendence of the same. If such approval shall be withdrawn by the PM, the Contractor shall, as soon as is practicable, having regard to the requirement of replacing him as hereinafter mentioned, after receiving written notice of such withdrawal, remove the agent from the Works and shall not thereafter employ him again on the Works in any capacity and shall replace him by another agent approved by the PM. Such authorised agent or representative shall receive, on behalf of the Contractor, directions and instructions from the PM or, subject to the limitations of clause 6.1.0 hereof, the PM's representative.

6.2.2

Contractor's Design & Drawings The Contractor is responsible to develop design based on parameters and guidelines provided in the tender for various activities of the construction. It shall be in the form of descriptive and perspective. The Contractor shall be obliged to prepare a list along with statement showing when and how proposes to carry out these activities. The Contractor shall submit all details along with design well in time for consideration and approval of PM. a)

Design, drawings and details along with calculations where required shall be submitted minimum 45 days in advance of starting of activity at site.

b)

Methodology of construction work front drawings, details which are purely from technical approach and site ease shall be submitted at least 30 days in advance of ordering of materials or its use at site.

c)

Details shall include required samples, mockups or prototype samples in numbers as required and shall be submitted at least 30 days in advance of it use at site.

d)

Time period for submission of such items shall be more where time for testing at site or at factory or at outside laboratory is required. Minimum period required by the PM is 14 days a detailed hereunder and the Contractor shall add the same to obtain approval within time not to get work delayed.

The PM shall signify his approval or disapproval thereof. If he fails to do so within the time given in the Contract or the Programme or if no time limit is specified, within 14 days of receipt, they shall be deemed to be approved. Approved drawings, samples and models shall be signed or otherwise identified by the PM. The Contractor shall supply additional copies of approved drawings in the form and numbers stated in the Contract. Contractor's Drawings are an integral part of the Contract. Although the Contractor is responsible for the design of the Works he is required to submit his Drawings to the PM for approval in accordance with the details given in the programme or elsewhere in the Contract. The Contractor must also provide the PM as the work proceeds with general arrangements and detailed works drawings as specified in the Contract or as the PM may require. In general, the PM has an unfettered right to request the 112 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

Contractor to provide drawings and information subject only to Sub-Clause 6.2.2 which provides that unless otherwise specified the Contractor does not have to submit for approval, inter alia, confidential manufacturing drawings (shop drawings). 6.2.3

Consequences of Disapproval of Contractor's Drawings Any Contractor's Drawings which the PM disapproves shall be forthwith modified to meet the requirements of the PM and shall be re-submitted.

6.2.4

Approved Contractor's Drawings Approved Contractor's Drawings shall not be departed from except as provided Clause 3.8.1. Once Contractor's Drawings have been approved by the PM or deemed to have been approved by the PM under the provisions of Sub-Clause 6.2.2, they may not be departed from either by the Contractor or by the PM. If changes are required, these must be made by Variation Order under the provisions of Clause 3.8.1 (Variations) and subject to the specific variation order procedure laid down in that Clause.

6.2.5

Inspection of Contractor's Drawings The PM shall have the right at all reasonable times to inspect, at the Contractor's premises, all Contractor's Drawings of any part of the Works.

6.2.6

Erection Information The Contractor shall provide, within the times stated in the Contract or in the Programme, drawings showing how the Plant is to be affixed and any other information required for:

6.2.7

(a)

preparing suitable foundations or other means of support, and

(b)

providing suitable access on the Site for the Plant and any necessary equipment to the place where the Plant is to be erected, and

(c)

making necessary connections to the Plant.

Operation and Maintenance Manuals The Contractor shall be required to submit 4 sets of provisional operation manuals along with executed drawings (as built drawings) for inspection testing and commissioning as per terms of Contract. Further before the Works are taken over in accordance with Clause 2.7.0 the Contractor shall supply four final sets of operation and maintenance manuals together with drawings of the Works as built. These shall be in such details as will enable the Employer to operate, maintain, adjust and repair all parts of the Works. Unless otherwise stated in Special Conditions the manuals and drawings shall be in the ruling language, and in such form and numbers as stated in the Contract. Unless otherwise agreed, the Works shall not be considered to be completed for the purposes of taking over until such manuals and drawings have been supplied to the Employer.

6.2.8

Employer's Use of Contractor's Drawings Contractor's Drawings may be used by the Employer for no other purpose than completing, operating, maintaining, adjusting and repairing the Works.

6.2.9

Contractor's Use of Employer's Drawings The Employer's Drawings, Specification and other information submitted by the Employer or the PM to the Contractor shall remain the property of the Employer. They shall not, without the consent of the Employer, be used, copied or communicated to a third party by the Contractor unless necessary for the purposes of the Contract.

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

113 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

6.2.10

Manufacturing Drawings Unless otherwise specified in Special conditions the Contractor shall not be required to disclose to the Employer or the PM the Contractor's confidential manufacturing drawings, designs, know-how or manufacturing practices, processes or operations. Unless specified in Special conditions the Contractor is not required to disclose to the PM details, confidential manufacturing drawings, design, know-how or manufacturing practices, processes or operations. Such matters are the "stock in trade" of the Contractor and there can be very little justification for requiring their disclosure save in the most exceptional circumstances.

6.2.11

Errors in Contractor's Drawings The Contractor shall be responsible for any errors or omissions in the Contractor's Drawings unless they are due to incorrect Employer's Drawings or other written information supplied by the Employer or the PM. Approval by the PM of the Contractor's Drawings shall not relieve the Contractor from any responsibility under this Sub-Clause. The Contractor shall bear any costs he may incur as a result of delay in providing Contractor's Drawings and other information or as a result of errors or omissions therein, for which the Contractor is responsible. The Contractor shall at his own cost carry out any alterations or remedial work necessitated by such errors or omissions for which he is responsible and modifies the Contractor's Drawings and such other information accordingly. The performance of his obligations under this Clause shall be in full satisfaction of the Contractor's liability under this Clause but shall not relieve him of his liability under Sub-Clause 2.6.0 Compensation for delays on the part of contractor / liquidate damages. The Contractor is responsible for any errors or omissions in the Contractor's Drawings and must at his own cost carry out any alterations or remedial work caused thereby. This includes modification of the drawings and of any information that may be based thereon.

6.2.12

Errors by Employer or PM The Employer shall be responsible for the Employers Drawings and for other written information supplied by the PM and for the details of special work specified by either of them. If such Employers Drawings, information or details are incorrect and necessitate alterations of the work, the Employer shall pay the Contractor the cost of the alterations as certified by the PM.

6.2.13

Errors by Contractor If errors, omissions, ambiguities, inconsistencies, inadequacies or other defects are found in the contractor’s documents, they and the works shall be corrected at the contractor’s cost, notwithstanding any consent or approval under this clause.

6.3.0

CONTRACTOR'S EMPLOYEES

6.3.1

The Contractor shall provide and employ on the site in connection with the execution and maintenance of the Works, (a)

114 SEAL OF TENDERER

only such technical assistants as are skilled and experienced in their respective callings and such sub-agents, foremen and leading hands as are competent to ensure proper supervision to the work they are required to supervise

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

(b)

such skilled, semi-skilled and unskilled labour as is necessary for the proper and timely execution, maintenance of the Works and timely fulfilling of the contractor’s obligation under the Contract and

Unauthorized persons shall not be allowed on the Site. The Contractor shall instruct all such persons to keep out and shall take steps to prevent trespassing. 6.3.2

The RE shall be at liberty to object to and require 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 RE, misconducts himself, or is incompetent or negligent in the proper performance of his duties, or whose employment is otherwise considered by the RE to be undesirable and such person shall not be again employed upon the Works without the written permission of the RE. Any person so removed from the Works shall be replaced as soon as possible but not later than 3 days from the date of the removal by a competent substitute approved by the RE.

6.4.0

BOREHOLES AND EXPLORATORY EXCAVATION If, at any time during the execution of the Works, the RE shall require the Contractor to make boreholes or to carry out exploratory excavation, such requirement shall be ordered in writing and shall be deemed to be an addition ordered under the provisions of clause 3.8.0 hereof, unless a provisional sum in respect of such anticipated work shall have been included in the bill of quantities.

6.5.0

WORK TO BE TO THE SATISFACTION OF RE Save insofar as it is legally or physically impossible, the Contractor shall execute and maintain the Works in strict accordance with the Contract and to the satisfaction of the RE and shall comply with and adhere strictly to the RE's instruction and directions on any matter whether mentioned in the Contract or not, touching or concerning the Works. The Contractor shall take instructions and directions only from the RE or, subject to the limitations referred to in clause 6.1.0 hereof, from the PM.

6.6.0

INSPECTION OF OPERATIONS

6.6.1

Site Access It is for the Contractor to provide the safe and guarded access for the RE as detailed in the safety code. For inspection of works, the Contractor shall arrange required ladders, scaffolding materials, steel measuring tapes, plumb levels, theodolite or any other instrument required to the satisfaction of the RE for his use at site at the Contractors cost.

6.6.2

The RE and any person authorised by him shall at all times have access to the Works and to all workshops and places where work is being prepared or from where materials, manufactured articles or machinery are being obtained for the Works and the Contractor shall afford every facility for and every assistance in or in obtaining the right to such access.

6.6.3

Examination of Work before Covering up. No Works shall be covered up or put out of view without the approval of the RE / Engineer and the Contractor shall afford full opportunity for the RE / Engineer to examine and measure any Works 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 RE whenever any such Works or foundations is or are ready or about to be ready for examination and the Engineer shall, without unreasonable delay, unless he considers it unnecessary and advises the Contractor

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

115 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

accordingly, attend for the purpose of examining and measuring such work or of examining such foundations. 6.6.4

Uncovering and Making Openings The Contractor shall uncover any part or parts of the Works or make openings in or through the same as the RE may from time to time direct and shall reinstate and make good such part or parts to the satisfaction of the RE. If any such part or parts have been covered up or put out of view after compliance with the requirement of sub- clause 6.6.3 and are 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 costs shall be born by the Contractor.

6.6.5

Removal of Improper Work and Materials The RE shall, during the progress of the Works, have power to order in writing from time to time,

6.7.0

(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 RE, are not in accordance with the Contract,

(b)

the substitution of proper and suitable materials, and

(c)

the removal and proper re-execution, notwithstanding any previous test thereof or interim payment therefore, of any work which in respect of materials or workmanship is not, in the opinion of the RE, in accordance with the Contract.

DEFAULT OF CONTRACTOR IN COMPLIANCE In case of default on the part of the Contractor in carrying out such an order, the PM shall be entitled to employ and pay other persons to carry out the same and all expenses consequent thereon or incidental thereto shall be recoverable from the Contractor by the Employer, or may be deducted by the PM from any moneys due or which may become due to the Contractor.

6.8.0

SITE MEETING To facilitate satisfactory completion of the work under this contract, and to co-ordinate work with the other agencies working at the site, meeting will be held in the office of the RE every fortnight / month or as directed PM. During these meetings progress of various works will be reviewed and those matters needing clarifications/ decisions to expedite the work will be taken up. The RE shall record minutes of these meetings.

6.9.0

CONTRACTOR’S ORGANISATION

6.9.1

The Contractor shall supply to the PM within time specified in Appendix TF to Tender Form of the effective date of commencement of works or prior to kick-of meeting whichever is earlier, an organisation chart showing the proposed organisation to be established by the Contractor for execution of the work including the identities and curriculum Vitae of the key personnel to be deployed. The Contractor shall promptly inform the PM in writing, of any revision or alteration of such organisation charts. The Contractor shall provide necessary supervision during the execution of the works and thereafter as the PM may consider necessary for the fulfillment of the Contractor’s obligations under the Contract. The Contractor or his competent and authorised representative(s) shall be constantly present at the Work site whole time for supervision. The Contractor shall authorise the Residential Engineer of the Company / Firm or his representative to receive directions and instructions from the

116 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

RE/Engineer or the PM’s Representative. The Contractor shall be responsible for the deployment, transportation accommodation and catering of all labour local or expatriates required for the execution of the works and for all costs/charges in connection thereof. The Contractor shall be responsible for obtaining all necessary permits or visas from the concerned authorities for the entry of all labour and personnel to be deployed, into the country where the site is located. The Contractor shall at his own expense be responsible for the repatriation to the country from which they were mobilised for all his and his sub-contractor’s personnel deployed upon the works at site and shall be responsible for the suitable maintenance of all such personnel from the cessation of their deployment on the Works to their deployment on the works to their departure from the country where the site is located. 6.9.2

The contractor shall provide and deploy on the site for carrying out the works only those technicians / assistants who are skilled and experienced in their respective trades and those foremen and leading hands who are competent to give proper supervision to the work they are required to supervise. Further, only those skilled, semi-skilled and unskilled workmen who are necessary for the proper and timely execution of the works shall be deployed at site.

6.9.3

The RE/Engineer may at any time object to and require the contractor to remove forthwith from the site a supervisor or any other authorised representative or employee of the contractor’s sub-contractor(s) or any person(s) deployed by Contractor or his Sub-contractor(s), if, in the opinion of the RE/Engineer the person in question has misconducted himself or his deployment is otherwise considered undesirable by the RE/Engineer, the contractor shall forthwith remove and shall not again deploy the person in question of the work site without the written consent of the RE/Engineer.

6.9.4

The RE/Engineer may at any time request the contractor to remove from the work / site contractor’s supervisor or any other authorized representative including any employee of the contractor or his sub-contractor(s) or any person(s) deployed by contractor or his sub-contractor(s) for professional incompetence or negligence or for being deployed for work for which he is not suited. The contractor shall consider the RE’s/Engineer’s request and may accede to or disregard it. The RE/Engineer, having made a request as aforesaid in the case of any person, which the contractor has disregarded, may in the case of the same person at any time but on a different occasion, and for a different instance of one of the reasons referred to above in this clause object to and require the contractor to remove that person from deployment on the works which the contractor shall then forthwith do and shall not again deploy any person so objected to on the works or on the sort of work in question (as the case may be) without the written consent of the RE/Engineer.

6.9.5

The RE/Engineer shall sate to the contractor in writing his reasons for any request or requirement pursuant to this clause.

6.9.6

The contractor shall promptly replace every person removed, pursuant to this section, with a competent substitute. *****

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

117 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

118 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

GENERAL CONDITIONS OF CONTRACT VOLUME – I PART – VII LABOUR AND INSURANCE

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

119 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

120 SEAL OF TENDERR

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

GENERAL CONDITIONS OF CONTRACT VOLUME – I PART – VII LABOUR AND INSURANCE CONTENTS

7.1.0

LABOUR

123

7.1.1

ENGAGEMENT OF LABOUR.

123

7.1.2

SUPPLY OF WATER.

122

7.1.3

ALCOHOLIC LIQUOR OR DRUGS

123

7.1.4

ARMS AND AMMUNITION

123

7.1.5

FESTIVALS AND RELIGIOUS CUSTOMS

123

7.1.6

EPIDEMICS

123

7.1.7

DISORDERLY CONDUCTS

123

7.1.8

OBSERVANCE BY SUB-CONTRACTORS

124

7.1.9

FIRST AID

124

7.2.0

LABOUR LAWS

124

7.2.1

ACTS

124

7.2.2

EMPLOYMENT OF LABOUR

124

7.2.3

RATES OF WAGES AND HOURS

124

7.2.4

RE'S POWER TO RECOVER

124

7.3.0

EMPLOYEES' STATE INSURANCE SCHEME

125

7.4.0

RETURNS OF LABOUR

125

7.5.0

INSURANCES

125

7.5.1

INSURANCE OF WORKS

125

7.5.2

THIRD PARTY INSURANCE

126

7.5.3

WORKMEN'S INSURANCE

126

7.5.6

INSURANCE BY SUB-CONTRACTOR AND

127

NOMINATED SUB-CONTRACTOR 7.5.7

PERIOD OF POLICIES

127

7.5.8

REMEDY ON CONTRACTOR'S FAILURE TO INSURE

127

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

121 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

122 SEAL OF TENDERR

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

GENERAL CONDITIONS OF CONTRACT VOLUME – I PART – VII LABOUR AND INSURANCE

7.1.0

LABOUR

7.1.1

Engagement of Labour. The Contractor shall make his own arrangements for the engagement of all labour, local or otherwise, and, save insofar as the Contract otherwise provides, shall be solely liable and responsible for the transport, housing, feeding and payment thereof.

7.1.2

Supply of Water. The Contractor shall, so far as is reasonably practicable, having regard to local conditions, provide on the site, to the satisfaction of the RE, an adequate supply of drinking and other water for the use of the Contractor's staff and work people. Further the Contractor shall comply with model rules framed by Government for labour welfare, protection of health, sanitation, etc., failing which the RE reserves the right to effect such arrangements at the Contractors' risk and cost. The Employer shall not at any time be liable for any such provisions and the Contractor shall indemnify the Employer in this regard.

7.1.3

Alcoholic Liquor or Drugs The Contractor shall not, in accordance with the Statutes, Ordinances and Government Regulations or Orders for the time being in force, import, sell, give, barter or otherwise dispose off any alcoholic liquor or drugs or permit or suffer any such importation, sale, gift, barter or disposal by his sub-Contractors, agents or employees.

7.1.4

Arms and Ammunition The Contractor shall not give, barter or otherwise dispose off to any person or persons, any arms or ammunition of any kind or permit or suffer the same as aforesaid.

7.1.5

Festivals and Religious Customs The Contractor shall in all dealings with his labour in his employment in connection with the Works have due regard to all recognised festivals, days of rest and religious or other customs.

7.1.6

Epidemics. In the event of any outbreak of illness of an epidemic nature, the Contractor shall comply with and carry out such regulations, orders and requirements as may be made by the Government, or the local medical or sanitary authorities for the purpose of dealing with and overcoming the same.

7.1.7

Disorderly Conducts The Contractor shall at all times take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by or amongst his employees and for the preservation of peace and protection of persons and property in the neighborhood of the Works against the same.

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

123 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

7.1.8

Observance by Sub-Contractors The Contractor shall be responsible for observance by his sub-Contractors of the foregoing provisions.

7.1.9

First Aid The Contractor shall, at his cost, provide, equip and maintain throughout the construction period and so far as may be necessary during the Period of Maintenance (Defect Liability Period), in a position on site approved by the RE, suitable and sufficient first aid facilities for the general use of his and his sub-contractors' staff and work people.

7.2.0

LABOUR LAWS

7.2.1

Acts The Contractor shall in respect of labour employed by him either directly/or through sub-contractors comply with the provisions of all labour legislation including the latest requirements of all the Acts, Laws, any Regulation or Bylaws or any local or other statutory Authority applicable in relation to the execution of Works, such as the Payment of Wages Act, 1936, Minimum Wages Act, 1948, Apprentices Act 1961. Any other Act including E.S.I.C. or enactment relating thereto and rules framed there under from time to time, Industrial Employment (Standing Order) Act, 1946 (Amended), Personal Injuries (Compensation Insurance) Act, 1963 and any modifications thereof and Rules made thereunder from time to time, Employees Provident Fund and Miscellaneous Provision Act,1952, Employer's Liability Act, 1938, Workmen's Compensation Act, 1923 (Amended Act No.65 of 1976), Maternity Benefit Act,1961, the Contract Labour Regulation and Abolition Act, 1970 (Amended) and Mines Act, 1932 Equal Remuneration Act 1976, and Modifications thereof in force or amended from time to time and any other labour legislation, which may be applicable to the employees of the Contractor from time to time.

7.2.2

Employment of Labour The Contractor shall provide the quantum of labour he deems necessary, or required by the RE, for the construction and completion of the Works. The Contractor shall employ local labour, as far as possible. Arrangements which affect the engagement, transport, paying, feeding and housing of labour and all other matters in connection therewith shall be subject to the regulations and orders of the Government now in force or which may be made from time to time during the continuance of the Contract.

7.2.3

Rates of Wages and Hours The Contractor shall, in respect of all persons employed by him in or about the execution of the Contract including the Works, pay rates of wages emoluments and expenses and observe hours and conditions of labour according to the conditions established for the trade or industry or prescribed by regulation or order in force in the district where the work is carried out.

7.2.4

RE's Power to Recover The RE shall, on report having been made by an Inspecting Officer as defined in the Contractor's Labour Regulations, have the power to deduct from the moneys due to the Contractor any sum required or estimated for making good the loss suffered by a worker or workers by reason of non-fulfillment of the conditions of the Contract for the benefit of workers, non-payment of wages or of deductions made from his or their wages which are not justified by the norms of the Contract or nonobservance of the said Contractor's Labour Regulations.

124 SEAL OF TENDERR

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

7.3.0

EMPLOYEES' STATE INSURANCE SCHEME The Contractor shall be liable to pay his contribution and Employee’s contribution to the State Insurance Scheme in respect of all labour employed by him or for the execution of the contract in accordance with the provisions of "The Employees' State Insurance Act,1948" as amended from time to time. The tenderer shall be obliged to ascertain the application at project site and shall make allowance as he deemed fit. The Employer shall be indemnifies on this account.

7.4.0

RETURNS OF LABOUR

7.4.1

The Contractor shall maintain all prescribed registers, records and other documents in compliance with applicable labour laws and allow the RE to have access to these documents for inspection. However these inspections shall not absolve the Contractor of his responsibility for any breach or violation of rules and regulations under the respective acts.

7.4.2

The Contractor shall obtain prescribed recommendations from the Regional Provident Fund Commissioner under the Employees' Provident Fund and Misc. Provisions Act,1952 and shall cause provident fund contributions from all eligible employees to be deposited regularly with the prescribed authority and in token of which shall submit every month necessary documentary evidence as may be required by the RE.

7.4.3

The Contractor shall indemnify the Employer against any payments, suits, lien or default charges to be made under and for observance of the Regulations aforesaid without prejudice to his right to claim indemnity from his sub-Contractors.

7.4.4

The Contractor must fully satisfy himself as to these points and allow coverage for the same in the rates while giving his tender. Nothing extra shall be paid on these accounts.

7.4.5

The Contractor shall, if required by the RE/ARCHITECT, deliver to the RE / Engineer, or at his office, a return in detail in such form and at such intervals as the RE/ARCHITECT may prescribe showing the supervisory staff and the numbers of the several classes of labour from time to time employed by the Contractor on the site and such information regarding the constructional plants as deployed in format as the ARCHITECT may require.

7.5.0

INSURANCES

7.5.1

Insurance of Works The insurances taken shall be free of any charge bank and payable only to the Employer / Contractor. The Contractor shall at his own expense effect and maintain contractors all risk insurance policy (CAR policy) in the joint names of the Employer and the Contractor, the name of the former being placed first in the policy covering the following and shall be in full force upto completion of maintenance (defect liability) period.

VOLUME – I

a)

The Works at the contract price together with the materials for incorporation in the works at their replacement value.

b)

All plants and equipment and other things brought to the site by the Contractor at their replacement value (if designed by the Contractor).

c)

The insurance shall be against all losses or damages from whatever causes, other than excepted risks, for which the Contractor is responsible under the contract. The insurance cover shall be for the period of contract and also for the Defect Liability Period, for loss or damage arising from a cause prior to commencement of the Defect Liability Period, and for any loss or damage, GENERAL CONDITIONS OF CONTRACT

125 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

occasioned by the Contractor in the course of any operations carried out for the purpose of complying with his obligations under clause 2.8.0. Such insurance shall be effected with an insurer and in terms approved by the Employer. The Contractor shall, deposit the policy or policies and the receipts for payment of the current premiums with the Employer before commencing the Works. 7.5.2

Third Party Insurance

7.5.2.1

Before commencing the execution of the Works, the Contractor shall insure against his liability for any material or physical damage, loss or injury which may occur to any property or life including that of the Employer or to any person, including any employee of the Employer, by or arising out of the execution of the Works or in the carrying out of the Contract. The sum insured will be as stated in Appendix TF.

7.5.2.2

Such insurance shall be effected and maintained with an insurer and in terms approved by the Employer and for at least the amount stated in the Appendix TF to Tender Form. The Contractor shall submit to the ARCHITECT the policy or policies of insurance and the receipts of payment of the current premiums.

7.5.3

Workmen's Insurance The Employer shall not be liable for any payment in respect of any damages or compensation payable according to law in respect or in consequence of any accident or injury or loss of life to any workman or other person in the employment of the Contractor or any sub-contractor, except an accident or injury resulting from any act or default of the Employer, his agents or servants. The Contractor shall insure against such liability with an insurer approved by the Employer for sum of the established norms during the entire period till completion of Period of Maintenance (Defect Liability Period). 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 term 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 ARCHITECT / Employer from time to time.

7.5.4

Without prejudice to the other rights of the Employer against the contractor in respect of such default, the Employer may so insure and shall be entitled to deduct the premiums paid along with his service charges of 0.25% of the Contract Price and liquidated damages of 0.25% of the Contract Price for noncompliance from any sums payable to the Contractor under this Contract or such amount may be recoverable by the Employer from the contractor as debt. 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 workmanship in 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.

126 SEAL OF TENDERR

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

7.5.5

The Contractor, in case of re-building or reinstatement after fire, 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 or any shortfall or deficiency in the amount finally paid by the Insurer in settlement of any claim arising as set out herein.

7.5.6

Insurance by Sub-Contractor and Nominated Sub-Contractor Without prejudice to his liability under this clause the Contractor shall also cause all nominated Sub-contractor to effect, for their respective portions of the works, similar policies of insurance in accordance with the provisions of this clause and shall deposit or cause to deposited with 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 SubContractor.

7.5.7

Period of Policies All the insurance covers for full amount as detailed in Appendix TF to tender form shall be kept in full force (alive) during the entire period of the contract ( till end of maintenance period).

7.5.8

Remedy on Contractor's Failure to Insure If the Contractor shall fail to effect and keep in force the insurances referred to above, or any other insurance which he may be required to effect under the terms of the Contract, then and in any such case the Employer on advice of the ARCHITECT may effect and keep in force any such insurance and pay such premium or premiums as may be necessary for that purpose and from time to time deduct the amount so paid by the Employer as aforesaid from any moneys due or which may become due to the Contractor, or recover the same as debt due from the Contractor as set out in Clause 7.5.4 above.

7.5.9

The contractor shall also indemnify and keep indemnified the Employer against all and any costs, charges or expenses arising out of any 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 completion of the contract( till end of maintenance period) 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.

*****

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

127 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

128 SEAL OF TENDERR

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

GENERAL CONDITIONS OF CONTRACT VOLUME – I PART – VIII SAFETY CODE

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

129 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

130 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

GENERAL CONDITIONS OF CONTRACT VOLUME – I PART – VIII SAFETY CODE CONTENTS

8.1.0

GENERAL

133

8.1.1

SAFETY, SECURITY AND PROTECTION

133

OF THE ENVIRONMENT 8.2.0

FIRST AID & INDUSTRIAL INJURIES

134

8.3.0

GENERAL RULES

134

8.3.3

HIGH RISER BUILDING/S

134

8.4.0

DISPLAY

134

8.5.0

SCAFFOLDING

134

8.6.0

GUARD RAILS

135

8.7.0

WORKING PLATFORM

135

8.8.0

FLOOR OPENING

135

8.9.0

ACCESS

135

8.10.0

EXCAVATION AND TRENCHING

135

8.11.0

DEMOLITION

135

8.12.0

DROWNING

135

8.13.0

ACCIDENT

136

8.14.0

ELECTRICAL EQUIPMENT

136

8.15.0

HOISTING MACHINES/TACKLES

136

8.16.0

MAINTENANCE

137

8.17.0

PERSONNEL SAFETY AND PERSONNEL MOVEMENTS

137

8.17.1

PERSONNEL SAFETY

137

8.17.2

PERSONNEL MOVEMENT

138

8.18.0

ENFORCEMENT

138

8.19.0

STORAGE AND FABRICATION AREA

138

8.19.1

STORAGE AREA

138

8.19.2

STORAGE OF FUEL, OIL AND LUBRICANTS

139

8.19.3

FABRICATION AREA

139

8.20.0

FIRE EXTINGUISHING AND FIRE FIGHTING ARRANGEMENT

139

8.20.3

SAFETY / FIRE PROTECTION

139

8.21.0

RULES IN FORCE

140

8.22.0

TRAINING OF PERSONNEL IN FIRST AID AND FIRE FIGHTING

140

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

131 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

132 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

GENERAL CONDITIONS OF CONTRACT VOLUME – I PART – VIII SAFETY CODE

8.1.0

GENERAL The Contractor shall ensure and arrange at his cost fire and the safety provisions, as per safety code of C.P.W.D., Indian Standards Institution and safety manuals of the Employer for all labour, directly or indirectly employed in the works for performance of this contract and such as locally in force from time to time. Contractor will indemnify the Employer from any consequence arising due to contractor's failure in respect of safety code. Safety codes mentioned in special conditions of contract may be referred. Following Codes be referred ;

8.1.1

VOLUME – I

1. IS 5121

Safety code for piling and other deep foundation.

2. IS 5916

Safety code for construction involving use of hot bituminous materials.

3. IS 7293

Safety code for working with construction machinery

4. IS 7969

Safety code for handling and storage of building materials.

5. IS 8989

Safety code for erection of concrete framed structures.

6. IS 10291

Safety code for dress divers in civil engineering works

7. IS 13415

Protective barriers in and around buildings – Code of Safety.

8. IS 13416

Preventive measures against hazards at work places – Recommendation (Part – 1 to 5)

9. IS 13430

Safety during additional construction and alteration to existing buildings code of practice.

10. SP 70

Hand book on construction Safety Practice.

SAFETY, SECURITY AND PROTECTION OF THE ENVIRONMENT a)

The Contractor shall, throughout the execution and completion of the Works and the remedying of any defects therein.

b)

provide and maintain at his own cost all lights, guards, fencing, warning signs and watching, when and where necessary or required by the Architect / ARCHITECT or by any duly constituted authority, for the protection of the Works or for the safety and convenience of the public or others as set out hereunder,

c)

take all reasonable step, to protect the environment on and off the Site and to avoid damage or nuisance to persons or to property of the public or others resulting from pollution, noise or other causes arising as a consequences of his methods of operation,

d)

shall maintain all statutory records and will fulfill all obligation stipulated vide different statutes commensurate with location and type of Work,

e)

shall be liable to pay compensation / penalty for violation of safety rules and for each accident so occurred. GENERAL CONDITIONS OF CONTRACT

133 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

8.2.0

FIRST AID & INDUSTRIAL INJURIES

8.2.1

First aid facilities at easily accessible place shall be provided by the Contractor as per provisions of Labour Act or Authority where work is carried out.

8.2.2

The Contractor shall make outside arrangements with hospitals for ambulance service and for treatment of industrial injuries to meet eventualities needing these facilities. The Engineer shall be informed of their telephone numbers and addresses.

8.2.3

All critical industrial injuries shall be reported promptly to the Engineer. Report shall cover type, nature, cause, physician's report and actions for prevention of those types again.

8.3.0

GENERAL RULES

8.3.1

Smoking within plant, restricted areas, closed areas, near storage place of lubricant oil and fuel etc. is strictly prohibited.

8.3.2

The Contractor shall erect and maintain barricades required in connection with his operation to guard or protect

8.3.3

(a)

Excavation

(b)

Hoisting/lifting

(c)

Slab openings

(d)

Hazardous areas

(e)

Employer's existing property likely to be subjected to damage by the Contractor's operations

(f)

Rail road, unloading spots.

High Riser Building/s. The Contractor shall provide and maintain a closely knitted PVC net allround building throughout the construction period. He shall also provide allaround from external face about 1.5M+ wide temporary platforms at every 6-7th floor covered with welded steelmesh. This shall be maintained and updated throughout the construction period to avoid any accident due to dropping of construction material/debris. This shall be strictly followed and work shall be permitted only when complied to total satisfaction of the Engineer. Failing which the Employer reserves the right to get same carried out at the contractor’s risk and cost.

8.4.0

DISPLAY 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 code shall be named therein by the Contractor. Contractor shall organize safety training from time to time.

8.5.0

SCAFFOLDING Suitable scaffolds shall be provided for workmen, for all Works that cannot safely be done from the ground or from solid construction except such short period work which can be done safely from ladders. When a ladder is used, extra mazdoors shall be engaged for holding the ladder and if the ladder is used for carrying materials as well, suitable footholds be provided on the ladder and the ladder shall be given an inclination, not steeper than 1/4 to 1 (1/4 horizontal and 1 vertical). No portable single ladder shall be over 3 meter in length. The width between the side rail shall not be less than 30cm. and distance between two adjacent rungs shall not be more than 30cm.

134 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

8.6.0

GUARD RAILS Scaffolding or staging more than 3.25 metres above the ground or floors, swung or suspended from an overhead support or erected with stationary support, shall have guard rail properly attached, bolted, braced and otherwise secured at least 1 metre high above the floor or platform of such scaffolding or staging and extending along the entire length of the outside and ends. Therefore, with only such openings as may be necessary for the delivery of materials, such scaffolding or staging shall be so fastened as to prevent it from swaying from the building or structure.

8.7.0

WORKING PLATFORM Working platform, gangways, and stairways shall be so constructed that they do not sag unduly or unequally, and if height of platform or gangway or stairway is more than 3.25 metres above ground level or floor level, it shall be closely guarded, have adequate width and be suitably fenced, as described in clause 8.6.0 above.

8.8.0

FLOOR OPENING Every opening in the floor of a building or in a working platform shall be provided with suitable means to prevent fall of persons or materials by providing suitable fencing or railing of minimum 1 metre high.

8.9.0

ACCESS Safe means of access shall be provided to all working platforms and other working places. Every ladder shall be securely fixed. No portable single ladder shall be over 3 metres in length. Width between side rails in a rung ladder shall in no case be less than 30 cm for ladders upto and including 3.0 m in length. For longer ladders this width shall be increased at least 16 mm for each additional 30 cm length. Step spacing will be uniform and shall not exceed 30 cm.

8.10.0

EXCAVATION AND TRENCHING All trenches, 1.5 metres or more in depth shall, at all times, be supplied with at least one ladder for each 30 metres length or fraction thereof. A ladder shall be extended from bottom of trench to at least 1 metre above the surface of the ground. Sides of a trench which are 1.5 M 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 metres of edge of trench or half depth of trench, whichever is more. Cutting shall be done from top to bottom. Under no circumstances shall undermining or under cutting be done.

8.11.0

DEMOLITION Before any demolition work is commenced and also during the process of the work :

8.12.0

(a)

All the roads and open areas adjacent to the Worksite shall be closed or suitably protected.

(b)

No electrical cable or apparatus which is liable to be a source of danger to an operator shall remain electrically charged.

(c)

All steps shall be taken to prevent danger to persons employed from risk of fire or explosion or flooding. No floor, roof, or other parts of a building shall be so overloaded with debris or materials as to render it unsafe.

(d)

All blasting material shall be stored and handled as per guidelines of relevant authorities.

DROWNING When work is done near any place where there is risk of drowning, all necessary rescue equipment shall be provided and kept ready for use and all necessary steps

VOLUME – I

GENERAL CONDITIONS OF CONTRACT

135 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

taken for prompt rescue of any person in danger, and adequate provision made for prompt first-aid treatment of all injuries likely to be sustained during the course of the work. 8.13.0

ACCIDENT No materials on the sites shall be so stacked or placed as to cause danger or inconveniences to any person or to the public. The Contractor shall provide all necessary fencing and lights to protect the public from accidents and shall be bound to bear expenses of defense of every suit, action or 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 proceeding to any such person or which may, with the consent of the Contractor be paid to compromise any claim by any such person.

8.14.0

ELECTRICAL EQUIPMENT All temporary and permanent electrical installations, power distribution and supply required for execution of Work shall be carried out conforming to existing industrial and domestic safety rules and regulations. Important specific points to be noted are as under, (a)

Meter room and main switches should be freely accessible at all times and fully protected against all weathers.

(b)

Power distribution system shall be identifiable with display marking on switches.

(c)

All power distribution shall be carried out with coated, adequately insulated and of appropriate current/load rating cables. It shall be securely routed for this purpose. No loose, naked, hanging wires shall be permitted.

(d)

Over load protection devices shall be installed whenever and wherever heavy current/load consuming construction or plant machinery susceptible to hazard is in use and as directed by the ARCHITECT.

(e)

Metallic plugs and sockets shall be used in field work. Switch board shall be in close proximity so as to have quick control over the supply.

(f)

Proper and adequate earthing connection to be provided for all installation, plant machinery and distribution system.

(g)

Hand lamps and inspection lamps shall be adequately insulated and guarded with wire mesh and will have proper plugs for use.

(h)

Security and illuminatory light shall be secured firmly and protected to withstand all weather.

8.15.0

HOISTING MACHINES/TACKLES

8.15.1

(a)

(b)

These shall be of good mechanical construction, of sound material and adequate strength and free from patent defects and shall be kept in good working order and well maintained. Every rope used in hoisting or lowering materials or as a means of suspension shall be of durable quality and adequate strength and free from patent defects.

8.15.2

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 for giving signals to operators.

8.15.3

In case of every hoisting machine and of every chain ring hook, shackle, swivel and pulley block used in hoisting or lowering or as means of suspension, safe load shall

136 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

be ascertained by adequate means. Every hoisting machine and gear referred to above shall be plainly and prominently marked with safe working load. In case of hoisting machine having a variable safe working loads 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 these paragraphs shall be loaded beyond safe working load except for the purpose of testing as laid down by manufacturers. 8.15.4

In case of departmental machines, safe working load shall be notified by the Engineer. As regards Contractor's machines, the Contractor shall notify safe working load of each machine to the Engineer whenever he brings it to site of work and gets it verified by the Engineer.

8.15.5

(a)

Motors, gearing transmission, electrical wiring and other dangerous parts of hoisting appliances shall be provided with efficient safeguards;

(b)

hoisting appliances shall be provided with such means as will reduce to the minimum, risk of an accidental descent or of any part of suspended load becoming accidentally displaced;

(c)

workers employed on energized electrical installations, will use insulated foot mats and in addition shall wear apparel such as gloves, sleeves and boots, which as may be necessary, shall be provided. Workers shall not wear any rings, watches and keys or other materials which are good conductors of electricity.

8.16.0

MAINTENANCE All scaffolds, ladders material handling equipment etc. and other safety devices mentioned or described herein shall be maintained in a safe condition as prescribed by manufacturer of each equipment and no scaffold, ladder or equipment shall be altered or removed while it is in use. Adequate washing and maintenance facilities shall be provided at or near places of work.

8.17.0

PERSONNEL SAFETY AND PERSONNEL MOVEMENTS

8.17.1

Personnel Safety All necessary Personnel / personal safety equipment as considered adequate by the Engineer shall be available for use of persons employed on the Site and maintained in a condition suitable for immediate use and the Contractor shall take adequate steps to ensure proper use of equipment by those concerned. Contractor shall ensure that all personnel deployed by him at Site are issued with necessary personal protective items of best quality / appropriate type / duly tested and examined and as per standard specifications like helmets, safety belts, goggles, respirators, life jackets, life buoys with lifeline, etc during working hours. Any defaulters shall be removed from the Site immediately.

VOLUME – I

(a)

Workers employed on mixing asphaltic materials, cement, and lime mortars / concrete shall be provided with protective footwear and protective gloves.

(b)

Those engaged in handling any materials which are injurious to eyes shall be provided with protective goggles.

(c)

Those engaged in welding works shall be provided with welder's protective eye shields and protective gloves

(d)

Stone breakers shall be provided with protective goggles and protective clothing and seated at sufficiently safe spacing.

(e)

Workers employed on erection works, etc. shall be provided with helmets, safety belts etc. GENERAL CONDITIONS OF CONTRACT

137 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

8.17.2

(f)

Workers employed on concrete finishing, welding, painting and other works above 2 metres height shall be provided with a suitable safety belt, as per Factory Rules of the locality.

(g)

When workers are employed in sewers and manholes, which are in use, the Contractor shall ensure that manhole covers are opened and manholes are ventilated at least for an hour before workers are allowed to enter them. Manholes so opened shall be cordoned off with suitable railing and provided with warning signals or boards to prevent accidents to the public.

(h)

The Contractor shall not employ any worker below the age of 18 and women on the work of painting with products containing lead in any form. Whenever men above the age of 18 are employed on the work of lead painting, the following precautions shall be taken : (i)

No paint containing lead or lead products shall be used except in the form of paste or ready-made paint.

(ii)

Suitable face masks shall be supplied for use by workers when the paint is applied in the form of spray or a surface having lead paint is dry rubbed and scraped.

(iii)

Overalls shall be supplied by the Contractor to workmen and adequate facilities shall be provided to enable working painters for wash during and on cessation of work.

(iv)

Contractor shall ensure that no persons other than the ones deployed by him are present on the site without adequate safety measures.

Personnel Movement Good well-signed pedestrian access routes and vehicular traffic routes around and within work sight physically segregated from vehicles must be established and maintained to avoid accidents. Proper barricader and barriers should be erected around the danger area and prohibited area. Any changes in traffic routes should be immediately notified to all the personnel connected with works.

8.18.0

ENFORCEMENT To ensure effective enforcement of the rules and regulations relating to safety precautions, arrangements made by the Contractor shall be open to inspection by the ARCHITECT or his representatives and the Inspecting Officer as defined in the Contractor's Labour Regulations.

8.19.0

STORAGE AND FABRICATION AREA

8.19.1

Storage Area Allocate clearly defined areas for each contractor and each purpose. Should have good vehicle access for other activities such as evacuation of personnel, material etc. incase of any accident. Easy entry / exit of fire tender, material handling equipment etc. should be kept in mind at all times. Should have good surface conditions to prevent trippings and wastage of materials Should have good lighting to avoid injury to personnel while working.

138 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

8.19.2

Storage of Fuel, Oil and Lubricants The Contractor shall take approval from the safety officer of the Employers for storing the lubricants, oil and fuel at site for running the machinery required for the construction.

8.19.3

Fabrication Area Should have good ground conditions, sufficient lighting and well ventilated. Area should be kept tidy at all times. Ease of access and working should be kept in mind.

8.20.0

FIRE EXTINGUISHING AND FIRE FIGHTING ARRANGEMENT

8.20.1

The contractor shall provide suitable arrangements for fire fighting. For this purpose, he shall provide i)

requisite number of fire extinguisher for all types of fire.

ii)

Adequate number of buckets kept filled with water and sand

these equipment shall be provided at suitable, prominent and easily accessible locations where they shall be regularly properly maintained. 8.20.2

The contractor may be subject tot periodic fire prevention inspections and fighting drills and any deficiencies or unsafe condition shall be corrected by contractor at his own cost and to the approval of ARCHITECT and relevant authorities. These fire prevention inspection shall include but not limited to the following

8.20.3

i)

Proper handling, storage and disposal of comestibles materials, liquid and waste.

ii)

Work operations which can create fire hazard.

iii)

Access for fire fighting equipment including that of local authorities.

iv)

Type, size, number and location of fire extinguishers or other fire fighting equipment for all types of fire. Adequacy of the same.

v)

Inspection and maintenance records for all types of fire fighting equipment.

vi)

Type, number and location of containers for the removal of surplus material and rubbish.

vii)

Safe routing of electrical cables, junction boxes, switch boards, safety devices, earthing etc. No electrical loose connections.

viii)

General house keeping.

Safety / Fire Protection Contractor shall take all necessary measures to protect the work and workmen against accidents and occupational disease. They shall observe and comply with all Governmental safety regulations as well as Employer’s and accepted industry safety practices as required for this work.

8.20.4

VOLUME – I

The contractor will be required to demonstrate that : i.

the management systems and the erection are adequate to ensure that the design and the operation of the erection and the equipment are safe;

ii.

the potential hazards of the erection and the risks to personnel and environment have been identified and appropriate controls provided;

iii.

adequate provision is make for ensuring, in the event of a major emergency affecting the installation, the safe evacuation and rescue of personnel and

GENERAL CONDITIONS OF CONTRACT

139 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

iv. 8.21.0

the statutory and Employer requirements relating to safety and pollution control measures are complied with.

RULES IN FORCE Notwithstanding the conditions stated hereof, the Contractor is obliged to enforce other Rules in force or as required in the opinion of the Engineer or his Representative.

8.22.0

TRAINING OF PERSONNEL IN FIRST AID AND FIRE FIGHTING

8.22.1

Contractor will organise periodic training and practice sessions for his workers to handle first aid and fire fighting equipment as per schedule approved by ARCHITECT / Engineer record of which will be kept.

8.22.2

All the employees of contractors shall be made conversant with action to be taken in case of accident, injury, fire and any untoward incidents. Such awareness programmes shall be organised by the contractor at suitable intervals fixed mutually.

*****

140 SEAL OF TENDERER

GENERAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

CONDITIONS OF CONTRACT VOLUME – I PART – IX SPECIAL CONDITIONS

VOLUME – I

SPECIAL CONDITIONS OF CONTRACT

141 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

142 SEAL OF TENDERER

SPECIAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

CONDITIONS OF CONTRACT VOLUME – I PART – IX SPECIAL CONDITIONS CONTENTS 9.1.0

GENERAL

145

9.1.1

EMPLOYER

145

9.1.2

PROJECT

145

9.1.3

SITE

145

9.1.4

BRIEF SCOPE

145

9.1.5

TYPE OF CONTRACT

145

9.1.6

MOBILISATION PERIOD

145

9.1.7

DEFINITIONS

146

9.1.7.1

ARCHITECT

146

9.1.7.2

ARCHITECT'S ASSOCIATES

146

9.1.7.3

ENGINEERS/SUPERVISORS

147

9.1.7.4

JURISDICTION

147

9.1.8

ASSIGNMENT OR SUBLETTING

147

9.1.9

ACCESS

147

9.2.0

POWERS AND DUTIES

147

9.2.1

a) ASSOCIATE ARCHITECT

147

b) STRUCTURAL CONSULTANT

148

c) SERVICES CONSULTANT

148

9.2.2

PROJECT MANAGER

148

9.2.3

RESIDENT ENGINEER (RE)

148

9.3.0

SECURITY DEPOSIT / RETENTION MONEY AND ADVANCES

148

9.3.5.2

MOBILISATION ADVANCE

149

9.4.0

ITEM RATE CONTRACT

149

9.4.2

FIRM RATE

149

9.4.3

RATE TO INCLUDE

149

9.4.4

EXTRA ITEM/VARIATION

150

9.4.5

EXECUTION OF ADDITIONAL WORK

150

9.4.6

COMPENSATION BY EXTENSION OF TIME ONLY

150

9.5.0

PROGRAMME AND METHOD WORKING

150

9.5.6

PROGRESS PHOTOGRAPHS

151

9.6.0

PLANT REQUIREMENT

151

9.6.2

SUFFICIENCY

151

9.7.0

DRAWINGS

152

VOLUME – I

SPECIAL CONDITIONS OF CONTRACT

143 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

9.8.0

STANDARDS TO BE FOLLOWED

152

9.9.0

MATERIALS

152

9.9.1

MATERIALS GENERALLY

152

9.9.2

SAMPLES

153

9.9.3

SPECIALIZED SUB CONTRACTORS / AGENCIES

153

9.9.4

TEST

154

9.10.0

TEMPORARY WORKS

154

9.11.0

ISSUE OF MATERIALS

154

9.12.0

PRICE ESCALATION

155

9.13.0

TAXES, LEVIES, DUTIES

158

9.14.0

SITE FACILITIES

158

9.14.1

WATER SUPPLY

158

9.14.2

ELECTRIC SUPPLY

158

9.14.3

CONTRACTOR'S OFFICES, GODOWNS, WORKSHOPS

158

9.14.4

PM'S / ARCHITECT'S / ENGINEER’S / EMPLOYER’S OFFICES – DELETED

159

9.14.6

TESTING LABORATORY

159

9.15.0

SITE DRAINAGE/CLEANING/NUISANCE

160

9.16.0

SAFETY CODE

160

9.17.0

WATCHING AND LIGHTING

160

9.18.0

FIRE PRECAUTIONS

160

9.19.0

ACCIDENTS

160

9.20.0

USE OF SITE

161

9.21.0

PROTECTION

161

9.22.0

CLEANING OF WORKS

161

9.23.0

LABOUR ACCOMMODATION

161

9.24.0

APPROVAL OF SPECIALISTS

163

9.25.0

INSURANCE

163

9.26.0

PERMISSIONS

163

9.27.0

DESIGN, DRAWINGS AND CO-ORDINATION (MEP)

163

9.28.0

INDEMNITY BOND – DELETED

163

9.29.0

POWER OF ATTORNEY

163

9.30.0

TRAFFIC

163

9.31.0

ALIGNMENT AND BENCH MARKS

163

9.32.0

COMPLIANCE WITH CONTRACT LABOUR ACT

164

9.33.0

PREVENTION OF MOSQUITO BREEDING AT CONSTRUCTION SITE

9.34.0 9.35.0

164

ADJUSTMENT OF ERRORS IN SCHEDULE OF RATES AND QUANTITIES

164

SALES TAX / SERVICE TAX REGISTRATION

165

144 SEAL OF TENDERER

SPECIAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

CONDITIONS OF CONTRACT VOLUME – I PART – IX SPECIAL CONDITIONS

9.1.0

GENERAL

9.1.1

Employer st

Bank of India, Head Office, Premises Department, Star house, 1 floor, West Wing, C-5, G-Block, Bandra Kurla Complex, Bandra (East), Mumbai – 400 051. 9.1.2

Project The Project is the Construction for Proposed Redevelopment of Residential Building (C-5 & C-6) at Bank’s Officers Complex, Sector-13, Nerul, Navi Mumbai. Total built up area is 136805 Sft.

9.1.3

Site The site is situated at Bank’s officers Complex, Plot No. 3.0 & 3.2, Sector-13, Nerul, Navi Mumbai.

9.1.4

Brief Scope of Work for this Tender : In brief trades involved are Earth work, anti termite treatment, etc. PCC, RCC including form work and reinforcement Masonry work Plaster (Internal and External) Floor and Wall finishes Timber, metal joinery for Doors / Windows Sundry metal works Glazing Works Waterproofing Painting (Internal and External) Plumbing & drainage work including fire fightting Electrical work & fire Alarm

9.1.5

Type of Contract The Contract is Item Rate. Quantities set out in the bills of quantities are tentative. Tenderers shall quote for each item at the place given in the bills of quantities. Cost evaluation shall be based on these quantities and price quoted. Work shall be measured in actual and paid as per terms set out in Contract.

9.1.6

Mobilisation The Contractor shall carry out the following minimum activities first15 days. Within 3 days of the work order the Contractor shall submit to the ARCHITECT drawings giving his proposed layout of locating offices, stores, godowns, yards, water, electric network etc. for the approval of the ARCHITECT. Part temporary office of the Contractor.

VOLUME – I

SPECIAL CONDITIONS OF CONTRACT

145 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

Lineout including establishing of grid line levels and its approval from the ARCHITECT. Tapping temporary electric and water connections. One cement godown (ware house) and steel yard. Obtaining insurance policies as per the Contract. Obtaining labour license, if any. Obtaining approval of local authorities or any statutory requirements prior to actual start of work to work as “Contractor”. Submitting programme (MS–Project format) as detailed in clause 9.5.0 (Method of carrying out work) here of and approval by the ARCHITECT. Submitting list of proposed specialised Sub-Contractor / agencies for approval of the ARCHITECT as detailed in conditions. a)

Water-proofing Contractor

b)

Antitermite treatment Contractor

c)

Electrical

d)

Plumbing

e)

Fire fighting

f)

Glazing

Submission of Preliminary concrete design mix Establishing water and electric network within site to extent possible. Submitting detail site set up of engineering and office staff. 9.1.7

Definitions The following person(s)/firm(s) shall include their legal representatives or in the event of their ceasing, person(s)/firm(s) as nominated by the Employer, not being a person(s)/firm(s) to whom the contractor shall object for reasons considered sufficient by the Employer. Provided always that no person(s)/firm(s) subsequently appointed under this contract shall be entitled to disregard or overrule any decision or approval or direction given or expressed in writing.

9.1.7.1

Architect / Project Manager HITEN SETHI ARCHITECTS PVT LTD Ground Floor, Yayati CHS, Plot No.9, Sector-58A, Palm Beach Road, Nerul, Navi Mumbai – 400 706. Tel : +91 22 2752378 Fax : +91 22 27872166 e-mail : [email protected]

9.1.7.2

Architect’s Associates (a)

Structural Consultants Shanghvi & Associates Consultant Pvt. Ltd. 7th floor, Padmavati Heights, 389, Shraddhanand Road, Vile Parle (East), Mumbai – 400 057. Tel : +91 22 66963617/18/19 Fax : +91 22 26171804 www.sshanghvi.com

146 SEAL OF TENDERER

SPECIAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

(b)

Service Consultants M/s Electro Mech Consultants. 106, 1st Floor, Siddhartha Darshan, Dada Patilwadi, Thane (W) – 400 602. Tel : +91 22 65103079, 25389671 www.electromech.co.in

(c)

Quantity Surveyors M/s. Dongre Associates, 22, Vithal Society, R.V. Desai Road, Jay Ratna Building, Vadodara – 390 001. Tel : +91 265 2432049 Fax : +91 265 2421187 e-mail : [email protected] www.dongreassociates.com

9.1.7.3

Engineers/Supervisors Engineers and Supervisors appointed by the ARCHITECT to assist the ARCHITECT under his guidance for supervising construction of the project work as per this tender.

9.1.7.4

Jurisdiction In case of any litigations under this Contract, the courts of law in the city of Mumbai only, shall have the jurisdiction.

9.1.8

Assignment or Subletting In case of breach of any of the conditions stated in clause 1.3.7 and 1.3.8 of General Conditions of contract the Employer may issue a notice in writing on the contractor terminating the Contractor, where upon the security deposit shall stand forfeited without prejudice to the Employer’s other remedies against the Contractor.

9.1.9

Access The Contractors are to verify the work site details including : a)

Access,

b)

Availability of water supply and electrical energy.

c)

Space for dumping stores and materials,

d)

Space for erection of site office,

The Contractors are deemed to have catered for all contingencies connected with the site and access. 9.2.0

POWERS AND DUTIES

9.2.1

a)

Associate Architect The Architect shall carry out the followings along with his associates and other consultants appointed by the Employer through the ARCHITECT. Designing and detailing of entire scheme Providing coordinated Architectural general layout and detail drawings. Providing R.C.C. drawings

VOLUME – I

SPECIAL CONDITIONS OF CONTRACT

147 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

Providing plumbing, rain water, drainage drawings and details for fittings and fixtures for buildings Explaining interpretation of drawings and specifications. Providing Electrical Schematic and details for fittings & fixtures Providing fire fighting schematic and approval of shop drawings for execution. Providing STP, rain harvesting etc. detail drawing coordinated with local approval and drawings Associate Consultant b)

Structural Consultant Providing RCC drawings coordinated and duly approved by the Architect.

c)

Services Consultant Providing coordinated and duly approved concept drawings by the Architect and approval to shop drawings submitted by the Contractor for execution.

9.2.2

Project Manager Project Manager shall be responsible for Execution of the Work including management and supervision. Co-ordination between Employer, consultants, contractor and anybody connected with the project. To hold regular (at least once in a month) site progress and coordination meetings for evaluation, execution of programme etc. Approve design, drawings, samples, mockups, prototypes etc. Approval of a)

Programme

b)

Interim and final bill

c)

Certificate of Completion of Work

d)

Obtain approval from Client for materials, workmanship etc.

e)

Variation

f)

Extra item rates

g)

Extension of time

Provide interpretation of drawings and specifications. Issue drawings and instructions during progress as given by the Architect. Approve testing and commissioning Issue Completion Certificate as per Clause 2.7.0 9.3.0

SECURITY DEPOSIT / RETENTION MONEY AND ADVANCES

9.3.1

Performance Security DELETED

9.3.2

The successful tenderer shall deposit an amount equal to 2% of the Contract Price as Initial security Deposit within 15 days from date of work order /LOI. The initial security deposit shall be in from of DD or Pay Order in fever of Bank of India, Mumbai of Nationalised bank. EMD submitted along with the tender shall be adjusted towards initial retention deposit.

148 SEAL OF TENDERER

SPECIAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

Retention Money for proper fulfillment of the terms of the Contract. It shall be from each RA bill by deducting at the rate of 8% of the gross value of the works done as retention money. 9.3.3

The Security Deposit / Retention money shall not bear any interest. All penalty or other sums of money payable by the Contractor to the Employer under the terms of this contract may be deducted from his security deposit or from any sums which may be due or may become due by the Employer to the Contractor on any account whatsoever, and in the event of his security deposit being reduced by reason of any such deduction as aforesaid, the Contractor shall, within ten days thereafter, make good in cash as aforesaid any sum or sums which may have been deducted from the security deposit or any part thereof.

9.3.4

The Security Deposit / Retention money lodged by the Contractor shall be refunded as detailed hereunder. Security Deposit / retention money lodged by the Contractor shall be refunded at 50% on compliance of clause 2.7.0 of conditions of Contract after deducting therefrom the amount of expenses, if any, due to the Employer under this Contract. Balance 50% will be refunded after completion of defect liabilities period.

9.3.5

Payment

9.3.5.1

Interim Certificates The Contractor shall submit monthly R.A. bills with detail measurement sheets jointly prepared by the Engineer and the contractor for approval of the ARCHITECT. Payments shall be released as under. a) Minimum value of Interim Payment application shall be Rs.2.50 crores. b) Payment shall be made within 20 days from date detail check/certification by ARCHITECT.

9.3.5.2

Mobilisation Advance DELETED

9.4.0

ITEM RATE CONTRACT

9.4.1

The Contract is item rate. Quantities set out in the bills of quantities are tentative. Tenderers shall quote for each item at the place given in the bills of quantities. Cost evaluation shall be based on these quantities and price quoted. Work shall be measured in actual and paid as per terms set out in Contract.

9.4.2

Firm Rate The rates shall be firm and shall not be subjected to any variation in cost of materials, labours or due to any other condition except as ordered by the ARCHITECT and provided for in the Contract. The description given in BOQ shall include all items required to complete a particular item as detailed in drawing read in conjunction with technical specification. Anything not specifically stated shall not be taken as an exclusion from the same item. Any claim for extra item or variation on this ground shall not be accepted and paid.

9.4.3

Rate to Include The rates quoted in the tender shall include all charges for tools, plants, temporary water and electric connections (if any), overhead reservoirs, sheds for material (of the Contractor and as issued by the Employer), sampling, testing on material including supplied by the employer and all test specified at various stages in specification or ordered by ARCHITECT, hire charges if any, maintenance of all services and equipment clearing the Site, etc., for the execution of the Works. It shall also include

VOLUME – I

SPECIAL CONDITIONS OF CONTRACT

149 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

all taxes such as sales tax / VAT / works contract, octroi duty, excise,or any other duties of any public body or corporation (duly authorised to collect). SERVICE TAX SHALL BE PAID EXTRA as per Rules 9.4.4

Extra Item/Variations All additional items and variance from those given in BOQ and accepted by the Architect shall be treated as extra items. These shall be expressly ordered by the ARCHITECT in writing prior to start of that work by the Contractor. The Contractor shall be paid as per similar item of BOQ. In absence, actual rate analysis shall be prepared considering market rates of labour, materials and towards operational cost of plants and equipment, overheads and profit (15%) plus prevailing works contract and service tax as applicable. The Contractor shall have to produce voucher / Tax invoice to support the rate analysis. The ARCHITECT reserves the right to call additional quotations for material, labour / workmanship if felt necessary and rates approved by the ARCHITECT shall be final. The ARCHITECT's decision shall not be subjected to arbitration.

9.4.5

Execution of Additional work The successful tenderer is bound to carry out any items of work necessary for the completion of the job even though such items may not be part of his offer. He shall be instructed in writing by the ARCHITECT for such works and rates shall be settled as detailed above.

9.4.6

Compensation by Extension of Time only The Contractor shall not be entitled to any compensation for any loss suffered by him on account of delays may be, including delays arising out of modifications to the works entrusted to him or in any sub-contract agencies connected there with or delays in awarding contracts for other trades of the project or in commencement or completion of such works or in procuring government controlled or other building material or for any other reasons whatsoever and the Employer shall not be liable for any claim in respect thereof. The Employer does not accept any liability for any such besides the tender amount, subject to such variation as are provided for herein. However the Employer shall compensate for the loss of time suffered by the contractor, by extension of time as approved by ARCHITECT.

9.5.0

PROGRAMME AND METHOD OF WORKING

9.5.1

PROGRAMME OF WORK The Contractor shall, within the stipulated time in Appendix TF of Tender Form, submit to the ARCHITECT for his approval a detailed programme covering

9.5.2

a)

Descriptive note explaining sequence of various activities.

b)

Network (PERT/CPM) in MSP.

c)

Quarterly programme of supply of materials by the Employer, if any.

d)

Quarterly cash flow indicating money to be earmarked by the Employer for the purpose of the contract.

e)

Programme for supply of working drawing.

f)

Phased requirements of plant and equipment to be deployed by the Contractor.

Method of Working The Contractor shall, within the stipulated time in Appendix TF of Tender Form, submit to the ARCHITECT for his approval following information

150 SEAL OF TENDERER

SPECIAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

a)

A general tentative lay-out plan of construction plant and equipment for the execution of Work within time period stipulated in schedule.

b)

Drawings or prints showing the location of major plants and other facilities which he propose to put up at the Site, including any changes in the general layout, at least 15 days prior to the commencement of the respective Work.

c)

Layout and details of Temporary Works that the Contractor wants to carry out to fulfill his obligation under the Contract.

d)

Shall indicate shuttering system to be followed as per requirement given in 9.10.0

e)

Detail activity wise MS / Primavera Programme for completion of project. Programme shall include skilled, unskilled work force for each activity and specified duration. It shall include cashflow based on programme.

9.5.3

Within 7 days the ARCHITECT through RE shall give their approval to proceed with Work with or without modification. However acceptance of programme and method of working as submitted by the Contractor or with any modification thereto in the opinion of the ARCHITECT, shall not relive the Contractor of any of his contractual obligations.

9.5.4

All these programmes and plans submitted by the Contractor and approved by the ARCHITECT shall become part of the Contract.

9.5.5

The acceptance of programmes as submitted by the Contractor or with any modification thereto in the opinion of the ARCHITECT, shall not releave the Contractor from any of his obligation to complete the work within stipulated contract period or entitles him for extension of time unless delay, if any, is expressly sanctioned by the ARCHITECT.

9.5.6

Progress Photographs Every 15 days the Contractor shall take coloured photographs showing the progress of various stages of the Work, such as concreting, precast work, structural work, finishing work etc. Size of photographs will be A4. Photographs shall be supplied with CD to the RE. Each photograph shall be attached with date of photograph and location of Work. These photographs shall be from location as fixed by the RE at start of Work.

9.5.7

Sample Room The Contractor shall be required built and identify lockable room for storing the approved samples by the ARCHITECT. These samples shall be stored and duly indexed. All samples shall maintain till end of the project. One key of sample room shall be given to the RE for convenient access to room at any time.

9.6.0

PLANT EQUIPMENT REQUIREMENTS

9.6.1

The Contractor shall submit, with the programme and method statement mentioned as in 9.5.1 hereof, a comprehensive plant schedule which shall include the dates of arrival on site and removal from site of each major item of plants.

9.6.2

Sufficiency The Contractor shall take upon himself the full and entire responsibility for the sufficiency of plants, centering, scaffolding, timbering, machinery, tools or implements and generally for all means used for the fulfillment of the Contract. In the event of any of these means proving insufficient, the Contractor even then shall be fully and entirely responsible for the sufficiency of these means notwithstanding any previous approval or recommendation that may have been given by the ARCHITECT.

VOLUME – I

SPECIAL CONDITIONS OF CONTRACT

151 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

9.7.0

DRAWINGS The Contractor will receive from the ARCHITECT two prints of the drawings approved for construction for Architectural and structural works, public health, mechanical, electrical and drainage installations.

9.8.0

STANDARDS TO BE FOLLOWED At various places throughout this specification and the bills of quantities, reference is made to the standards, specifications and bye-laws issued by the Indian Standard Institution and other similar organisations. These references shall in every case be deemed to include the latest edition or issue of such standards, specifications and bye-laws including all revisions, amendments and addenda subsequently issued. Where materials are not specified and standards exists in respect of such materials, then the materials shall in all respects comply with the relevant and current I.S.I. In such cases where I.S.I. do not exist, the specified manufacturers' specification shall be followed; in absence of all these, the ARCHITECT's instructions shall be followed. The Contractor is required to maintain at site all standards and codes listed in Specification for ready reference to ARCHITECT and himself and ARCHITECT during execution of work.

9.9.0

MATERIALS

9.9.1

Materials Generally

9.9.1.1

All the materials and manufactured goods are to be the best of their respective kinds and as described in the specifications, drawings and bills of quantities. The Contractor shall submit for the approval of the ARCHITECT through the RE within a reasonable time (allowing 14 days approval time to ARCHITECT, required lead time to procure and shall be available 15 days at site prior to incorporation work) after receipt of the Employer's order to commence the Works, a list of the names and addresses of the manufacturers, the trademarks and types of all materials and articles he proposes to employ together with all specifications and descriptions and samples that may be required in this connection before any orders are placed. Within a 14 days time the ARCHITECT shall issue written decision on the Contractor's proposals. If any of the manufacturers, materials, etc., have been rejected then the Contractor must propose acceptable alternatives within one week of such rejection. In case of material not available locally, the Contractor shall arrange from areas with longer leads and on this account shall, neither be paid any extra nor shall be granted extension of time. The ARCHITECT's decision shall be final and binding on the Contractor.

9.9.1.2

The Contractor shall submit to the Engineer copies of all orders for materials.

9.9.1.3

Where a particular proprietary product, supplier or supplier's catalogue is referred to in this specification or in the bills of quantities, the material specified is for quality type, etc. Other equal and approved source shall be permitted in use.

9.9.1.4

If, during the course of the Contract, certain materials required for use in the Works should be unobtainable despite the best efforts of the Contractor, then the Contractor may offer substitute materials for the approval of the Engineer. These substitute materials, although not complying fully with the specification, must nevertheless be suitable and appropriate for use in the Works.

9.9.1.5

Acceptance or refusal of such substitute materials shall be at the sole discretion of the ARCHITECT. In the event of acceptance of the substitute materials a suitable price reduction shall be made in respect of decrease in quality or value but no price addition shall be made in respect of increase in quality or value. In the event of

152 SEAL OF TENDERER

SPECIAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

refusal of the substitute materials, the Contractor shall not be relieved of any of his obligations under the Contract and shall be solely liable for any delay or loss occasioned by his failure to provide materials as specified. 9.9.2

Samples

9.9.2.1

Material The Contractor shall furnish for approval, with reasonable promptness, samples of all materials and workmanship. The Engineer shall check and confirm in consultation with PM/Architect, approval of such samples with reasonable promptness only to conform with the design concept of the Works and for compliance with the information given in the contract documents. The work shall be in accordance with approved samples. The procedure for submission and approval of samples shall be as follows:(a)

All material samples of adequate numbers, sizes, shades and pattern as per specification shall be delivered to the Engineer's office at the Contractor's cost. Samples shall be properly labeled with Name of Project Name of Contractor Name of Product Name of Manufacturer Reference No of BOQ Date of Submission Date of fabrication/casting - if applicable

9.9.3

(b)

Samples shall be accompanied with technical specification/ manufacturer's catalogue

(c)

In case the Contractor intends to keep an approved sample in his possession he shall submit additional samples for the ARCHITECT's approval.

(d)

Samples shall be furnished well in advance to give the ARCHITECT 4 weeks for their consideration.

Specialized Sub Contractors / Agencies The Contractor shall furnish for approval, with reasonable promptness, 2-3 names of all sub-contractors / agencies (from approved list if given in tender) proposed to be used for each item of work. Submission shall include all details as listed below. The Resident Engineer shall check and confirm approval of sub-contractor / agencies with reasonable promptness in consultation of ARCHITECT. The work shall be got executed through the approved agency. Proposal shall consist of Name of Project Name of Main Contractor Name of proposed Sub-Contractor Profile of Sub-Contractor including list of work completed and on going along with name of client, Architect, structural consultants, contact information. Item no. of BOQ for which proposed Methodology for each item. Catalogues of each product. Date of submission Date by which order to be placed.

VOLUME – I

SPECIAL CONDITIONS OF CONTRACT

153 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

9.9.4

Test The Contractor shall be required to test each and every lot of cement, steel, reinforcement steel received and other materials as ordered by the ARCHITECT during construction and report shall be submitted to RE. Material once approved by the ARCHITECT shall be allowed to be used in work. All test results shall be duly filed and record maintained for inspection at any time.

9.10.0

TEMPORARY WORKS

9.10.1

The Contractor is entirely responsible for the design, construction, maintenance and removal of all Temporary Works employed in carrying out the Contract. Within a reasonable time (and in any case not less than fifteen days) before he intends to commence construction of any Temporary Works, the Contractor shall submit full particulars including drawings of the same, for the approval of the Engineer. The Engineer's approval will in no way relieve the Contractor of his responsibility for the safety of the Works, operators, adjoining property, structures or services and compliance with appropriate regulations and codes of practice. Temporary Works supporting adjoining buildings, property and public utilities and roads shall also be submitted to the appropriate authority for their approval if requested/required.

9.10.2

The Temporary Works shall be designed and constructed in such a manner as to enable the permanent structures to be built around them without detriment to their effectiveness and due allowance will be deemed to have been made for all necessary adjustments thereto to enable the Works to proceed.

9.10.3

Timber shoring, boards, struts or similar items shall not be left in position upon completion of the Works without the written consent of the Engineer.

9.10.4

All services or utilities on or adjoining the Site which are required to be maintained operational shall be protected from movement, subsidence or damage from any cause whatsoever by adequate temporary props, struts, shores and protective screens to the approval of the Engineer and the agent of the service or utility.

9.10.5

The Contractor shall make safe and reinstate all areas affected by Temporary Works.

9.10.6

The Contractor shall design purpose made steel staging platforms for carrying out work above 3.0 M height. All required staging for supporting, centering, shuttering of beams, slab, masonry work, etc. shall be carried out strictly as per the approved arrangement. It is to be noted that designing of such work shall be carried out by Contractor and shall be submitted for approval of the Structural Engineer of this project. No work above 3.0 M shall be permitted without compliance of this condition.

9.11.0

ISSUE OF MATERIALS

9.11.1

All materials, including those specified in the Contract Schedule `A' shall be procured and arranged for by the Contractor after approval by the ARCHITECT to its quality and specification as of tender. Materials listed in Schedule – ‘A’ with note as basic rate shall be purchased and procured only after procurement rate is approved by the ARCHITECT. The Employer reserves the option to supply on his own. Tests for materials shall be carried out by the Contractor as directed by the Engineer and costs of all such tests shall be paid for by the Contractor. The Contractor shall procure sufficient quantities of materials of approved quality, well in advance, to ensure completion of Works in stipulated time.

9.11.2

No claim by the Contractor for compensation on account of loss due to delay in supply of materials by the Employer will be entertained.

154 SEAL OF TENDERER

SPECIAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

9.11.3

The Contractor shall not be entitled to claim any compensation from the Employer for loss suffered by him on account of delay by the Employer in the supply of materials where such delay is caused by (a)

Difficulties relating to the supply due to transportation beyond Employer's control.

(b)

Force Majeure

(c)

Act of God

(d)

Act of the Government

(e)

Any other reasonable cause beyond the control of the Employer.

In the case of such delay in the supply of materials, the Employer shall grant such extension of time for the completion of the works as shall appear to the ARCHITECT to be reasonable in accordance with the circumstances of the case. The decision of the ARCHITECT as to the extension of time shall be accepted as final by the Contractor. 9.12.0

PRICE ESCALATION

9.12.1

If the prices of materials and / or wages of labour required for execution of the work increase or decreases, the price variation adjustment (PVA) shall be worked out as per provision detailed below and the amount of the contract shall be accordingly be varied, subject to the other condition that compensation for 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 validity extended under the provision of relevant clause of the contract. If partial modification of (any) provisions made elsewhere in this Contract regarding rate quoted in the tender being not subject to any variations, price adjustment to the value of the work payable to the Contractor at 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 and during the operative period of this contract including any authorized extensions of the original stipulated completion period. There be any variation in the consumer price index – general index – for industrial workers (Base 2001 = 100) (source data published from time to time in Indian Labour Journal by the Labour Bureau, Government of India). There be any variation in the All India Wholesale Price Index for all commodities (Base 2004 - 2005=100) (as published from time to time in the RBI bulletin based on the data issued by the office of the Economic Advisor to the Government of India). Price Variation Adjustment (PVA) towards (1) labour component and (2) material component for all materials shall be calculated in accordance with the formulae (A) and (B) respectively, given below, subject to stipulations hereinafter mentioned. Formula (A) for labour VL = [0.78 x K1 / 100 X C1 – C0 / C0] Formula (B) for materials:VM = [0.78 P X K2 / 100 – C] X 11 – I0/ Io

VOLUME – I

SPECIAL CONDITIONS OF CONTRACT

155 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

Where, VL =

Amount of price variation adjustment – increase or decrease in rupees due to Labour Component.

VM =

Amount of Price Variation Adjustment – increase or decrease in rupees on account of materials component.

P=

Cost of work done during the period under consideration (bill period) as per Gross amount of bill excluding, cost of extra or substituted items, rates of which are fixed on prevalent market rates and advances on materials and / or adjustment thereof; if any.

C=

Cost of material, if any, for which basic rates are specified.

K1 =

Percentage of labour component as calculated, as indicated in Note (1) below.

K2 =

Percentage of material component as indicator in Note (2) below.

Co =

Consumer price index – General Index number for industrial workers (Base 2001 = 100) referred to at (a) above, ruling on the last date for receipt of tenders, and as applicable to the centre nearest to the place of work, for which the index is published.

C1 =

Average of above mentioned consumer price index number during the period under consideration (bill period).

Io =

All India Whole sale Price Index Number for all commodities referred to at (b) above, ruling on the last date for receipt of tenders and as applicable to the centre, nearest, to the place of work for which the index is published.

I1 =

Average of above mentioned monthly All India Wholesale Price index Numbers during the period under consideration (bill period).

Note (1) : K1 shall be taken as under:a.

Component of work: Civil work including ancillary works and external works and RCC / tanks, septic tank etc., if any, for sanitary and plumbing work.

b.

Sanitary and plumbing works including fittings and fixtures (internal work only).

Note (2): K2 shall be taken as under:Civil work including ancillary works as detailed under Note (1) (a) above. Sanitary and plumbing works including fittings and fixtures as detailed under Note (1) above. Stipulation: 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 occurrence 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 PVA is admissible on the same on any ground whatsoever. The value of work required to be done during the first 6 months of the contract period shall be taken as 80% of the value of work to be done on pro – rata basis in 6 months as compared to the total stipulated completion period. No PVA is admissible on the value of work required to be done in the first 6 months as worked out above, even if this 156 SEAL OF TENDERER

SPECIAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

work is actually done in a period longer than 6 months. However, in case of any delay in the first 6 months due to genuine reasons which are not attributable to the contractor and which are beyond his control, such period of delay will be deducted from 6 months, and the value of work to be done will be 80% of the prorate value of work to be done in such reduced period on prorate basis. €

a)

For the purpose of admissibility of PVA all the cumulative periods of extension 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 granted for keeping the contract current, but only due to reason for which the Contractor was solely responsible.

b)

Period of extensions granted on account of genuine reasons, which are not attributable to the Contractor, and which are beyond his control will, however, be included in the period for which PVA is admissible.

c)

Notwithstanding anything to the contrary mentioned in any other clause / clauses of the contract, extensions of the contract period shall be granted by the PMC without Owner prior approval shall not bind the Owner for payment of PVA for work done in the concerned period of extension.

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 included in 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. For claiming the payment for PVA the Contractor shall keep such books of accounts and other documents, vouchers, receipts etc., as may be required by the Owner / PMC, for verification of the increased claims or reductions to be made as the case may be and he shall also allow inspection of books, documents by the PMC / Architects and Owner’s Engineer and / or other duly authorized representatives of the Owner / PMC and furnish such information as may be required or called for to enable verification of the claim within a week of such request. The Contractor is required to submit to the Owner, through the PMC, his claims for PVA separately for each running bill for the individual bill period for the work paid to him by the Owner. He will also be required to submit detailed calculations in support of the claims. No claim will be entertained from the contractor for interest or any other grounds for non – payment 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. The increase / or decrease in statutory measures such as taxes, levies etc. will be considered while working out the adjustments, in accordance with Formula (B).

VOLUME – I

SPECIAL CONDITIONS OF CONTRACT

157 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

In all case of disputes under this clause the decision of the General Manager (Premises) Bank of India who shall give a reasonable hearing to the Contractor in person (not through Agents / Advocates) shall be final and binding. Revision of wages in a statutory Act like the Minimum Wages Act If the minimum wage of a category of labour employed in the works has been increased by more than 10% due to statutory enactment and the Contractor has to actually increase the wage accordingly, the actual increase may be reimbursed to the Contractor after subtracting from it the portion already paid / payable as per General PVA adjustment formula due to cost index variation for the labour component. In other words, if the actual increase is “E”, the amount payable will be E (1- C1 – Co / Co) For the period under consideration (refer the general PVA formula for abbreviation) and the increase will pertain to all labourers thus affected and employed on the Muster surly checked by the PMC / Owner. Price variations for cement and steel shall be adjusted on the basis mentioned in this clause. 9.13.0

TAXES, LEVIES, DUTIES

9.13.1

The Contractor shall be responsible to pay to the appropriate authorities all taxes, levies, royalties, octroi, VAT (sales tax), excise duty, income tax, customs duty, VAT(works contract tax), etc., as applicable from time to time. SERVICE TAX SHALL BE PAID EXTRA as per Rules

9.13.2

Electric, Water and sewerage charges payable for permanent connection to the local authorities shall be deposited by the Employer or reimbursed to the contractor as per direction of ARCHITECT during construction, charges shall be paid by the Contractor.

9.14.0

SITE FACILITIES

9.14.1

WATER SUPPLY The Contractor should make his own arrangements for required water supply, drainage etc. at the work site at his own cost during the currency of contract and shall pay water & sewerage charges to Municipal Corporation for the construction period.

9.14.2

ELECTRIC SUPPLY Responsibility for getting temporary power for construction shall remain with Contractor. Consumption charges will be payable by the Contractor. Temporary power connection shall be in the Owner’s name. Deposits to BSES / BEST / TEC will be paid by the Contractor and will be reimbursed to him based on actual on production of supporting vouchers / receipts for the same. In the event of unavailability of power from utility companies, the contractor shall make arrangements for installing D.G.Sets of adequate capacity at his own cost In case, water and electricity is arranged by the Bank charges towards the same shall be recovered @ 0.5%of tender cost for water and 0.5% of tender cost for electricity.

9.14.3

Contractor's Offices, Godowns, Workshop The Employer shall allow at his own discretion and convenience land for the construction of the Contractor's site office, godowns, workshop assembly yard near the site. The Contractor shall construct and maintain at his cost, all these temporary

158 SEAL OF TENDERER

SPECIAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

works which shall be well ventilated, lighted and provided with water, electricity and sanitary arrangement to the approval of the Engineer. The Contractor shall remove immediately on completion of the work such building and make good, to the satisfaction of the Engineer, all the damages sustained. The Employer through the ARCHITECT may order, if so required by the Employer removal of such building or buildings and the Contractor shall carry out such instructions at no additional cost to the Contract. 9.14.4

OFFICE FOR CLIENT The Contractor shall provide, fit – up and maintain in at approved position proper temporary office accommodation for his staff and shall also provide office accommodation (with furniture) and assistance for maintaining then same for Client’s officers, PMC, Architect as per requirement of Client. Also a room for site meeting should be provided. Contractor’s offices shall be open at all reasonable working hours to receive instructions, notices or communications and clear away on completion and make good all works distributed.

9.14.5

For water and power the contractors for subsidiary trades appointed by the Employer shall be allowed connection from the temporary water and power supply arranged by the General Contractor for civil works and for the use of these facilities the subsidiary trade Contractors will pay to the General Contractor the charges to be decided by the ARCHITECT. The Contractors shall install a sub-meter for measuring electric energy at their own cost and maintain the wiring installation in good condition and good order and pay the consumption charges directly to the General Contractor.

9.14.6

TESTING LABORATORY

9.14.6.1

The Contractor shall establish a field laboratory for the various field tests for items like concrete cubes, cement, aggregates, sand, blocks for masonry, tiles, wood and for similar items as directed by the RE. A Site Laboratory of approximately 5.0 x 7.0 m. area with platform etc. shall be constructed for items similar as directed by the ARCHITECT. The Laboratory must have the following equipment ; Slump Cone

:

3 nos. as per ISI

Cube moulds for concrete

:

72 nos.

Cube moulds for cement mortar

:

6 nos.

Cement testing equipment

:

1 set

Oven

:

1 no.

Cube Testing Machine

:

1 no.

Weigh Balance

:

2 nos.

IS Sieves

:

2 sets

Glass-measuring Cylinders

:

6 nos.

Ultrasonic Equipment

:

1 no.

Micro Meter

:

1 no.

Vernier caliper

:

1 no.

soundness accelerated (initial and final setting, fineness, compressive test equipment, etc.)

VOLUME – I

SPECIAL CONDITIONS OF CONTRACT

159 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

Moisture Meter

:

1 no.

Permeability Test meter / Equipment

:

1 No.

Construction of Laboratory building well-equipped with equipments as listed above is incidental to the work and no separate payment will be made for this. The Contractor shall carry out other various tests for various items and materials at Navi Mumbai Engineering College laboratory or any other approved laboratory as directed by the RE / ARCHITECT at Contractor's own cost. At the end of each month for each category of the work, e.g. RCC work, masonry work, etc. the Contractor shall give statistical analysis of all the test results in the format prescribed by the Engineer and take corrective action in the work in accordance with these results. All test required by contract shall be done by the Contractor at his cost within quoted rate. Test shall be conducted at approved laboratory by ARCHITECT. Test may be witnessed by ARCHITECT’s representative if he chooses so. 9.15.0

SITE DRAINAGE/CLEANING/NUISANCE

9.15.1

All water which may accumulate on the Site during the progress of the Works or in trenches and excavation, shall be removed from the site to the satisfaction of the Engineer at the Contractor's cost.

9.15.2

The Site shall be maintained free from rubbish. Proper stacking of scaffolding material, shuttering material, bricks/brickbats, steel pieces, etc. needed for work on day to day basis shall be organised in proper stacks. Heaps in unplanned manner and disorderly fashion shall not be permitted. The Engineer's decision in this matter shall be final.

9.15.3

The Contractor shall not, at any time, do cause or permit any nuisance on the site or do anything which shall cause unnecessary disturbance or inconvenience to the Employer, tenants or occupants of other properties near the Site and to the public in general.

9.16.0

SAFETY CODE The Contractor shall, at his own expense, arrange for the safety provisions as given in Part - VIII of Vol – I, required by the authorities and as required by the Engineer, in respect to all labour directly or indirectly employed for performance of the Work and shall provide all facilities in connection therewith. The Contractor shall provide crèche facility to labours working at site as per local authority rules or as directed by the ARCHITECT. In case the Contractor fails to make arrangements to provide necessary facilities as aforesaid, the ARCHITECT shall be entitled to do so and recover the cost thereof, from the Contractor.

9.17.0

WATCHING AND LIGHTING The Contractor shall provide and maintain at his own cost all areas fully ventilated, illuminated and guarded. Any instruction in this regard given by the Engineer for the protection of the Works or for safety and convenience of those employed on the Works or the public shall be carried out at the Contractor's cost.

9.18.0

FIRE PRECAUTIONS The Contractor shall comply with regulations of the controlling authority in force at the site of the Works relating to the precautions to be taken against fire hazards.

9.19.0

ACCIDENTS Should any accidents, fatal or otherwise occur, a detailed report about the same shall be made promptly by the Contractor to the ARCHITECT. The Contractor should at all times during execution of work keep the Employer fully indemnified against all risks,

160 SEAL OF TENDERER

SPECIAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

claims, litigations and financial burdens arising out of all incidental operations on work and accidents. 9.20.0

USE OF SITE The Contractor shall not use any portion of the Site for purpose not connected with the works without the prior written approval of the ARCHITECT. He shall maintain permanent and Site access roads free of spillage and shall not interfere with the flow of traffic. Also same shall apply to terraces and other developed areas.

9.21.0

PROTECTION Adequate protection against any form of damage or deterioration shall be provided for in all sections of the Works. This shall include protective tapes, casings, guard rails and the likes, which shall be provided if necessary. Particular care shall be taken to self finished surfaces during the application of adjacent insitu work. The Contractor shall carry out all steps taken in pursuance of this clause, as directed and instructed by Engineer to his satisfaction.

9.22.0

CLEANING OF WORKS Immediately prior to handing over the works, the Contractor shall thoroughly clean all buildings and external paved areas, and generally clean the Works to the approval of the Engineer.

9.23.0

LABOUR ACCOMMODATION WASHING & BATHING PLACES: (a)

Adequate washing and bathing places shall be provided, separately for men and women.

(b)

Such places shall be kept in clean and drained condition.

SCALE OF ACCOMMODATION IN LATERINES & URINALS: There shall be provided within the precincts of every work place latrine and urinals in an accessible place and the accommodation, separately for each of them shall not be less than the following scale. No. of seats (a)

Where the number of persons does not exceed 50m

(b)

Where the number of persons exceeds 50 but does not

(c)

2

exceed 100

3

For every additional 100

3 per 100

In particular cases, the Engineers shall have the powers to vary the scale where necessary. LATRINES & URINALS FOR WOMEN: If women are employed, separate Latrines & urinals screened from those for men and marked in vernacular in conspicuous letters “for women only” shall be provided on the scale laid in Rule 6. Those for men shall be similarly marked “For men only”. A poster showing the figure of men or women shall also be exhibited at the entrance of latrines for the respective sex. There shall be adequate supply of water close to the Latrines & Urinals. LATRINES & URINALS: All latrines shall be provided with septic tanks or leach pits in case of small units. All the latrines shall be kept in good sanitary condition.

VOLUME – I

SPECIAL CONDITIONS OF CONTRACT

161 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

CONSTRUCTION OF LATRINES: The inside walls shall be constructed of masonry or some suitable heat resisting non – absorbent materials and shall be cement washed inside and outside at least once a year. The dates of cement washing shall be noted in a regular maintained for this purpose and kept available for inspection. Latrines will not be of a standard lower than bore – hole system and should have thatched roofs. DISPOSAL FOR EXCRETA: Unless otherwise arranged for the local sanitary authority arrangements for the proper disposal of excreta shall be made by septic tank or leach pit duly approved by the PMC and in conformity with the requirements of local public health authorities. PROVISION OF SHELTER DURING REST: At every work place there shall be provided free of cost two suitable sheds, one for meals and the other for rest separately for men and women for the use of labour. The height of the shelter shall be not less then 3.5m from the floor level, to the lowest part of the roof. The sheds should be roofed with at least thatch and mud flooring will be provided with a dwarf wall around not less than 750mm. Sheds should be kept clean and the space should on the basis of at least 0.50 square metre per head. CRECHES: a)

At every work place, at which 50 or more women workers are ordinarily employed, there shall be provided two huts for the use of children under the age of 6 years belonging to such women, one hut shall be used for infants, games and play and the other as their bed room. The huts shall not be constructed on a lower standard then the following: Thatched roofs Mud floors and walls Planks spread over the mud floor and covered with matting. The huts shall be provided with suitable and sufficient openings for light and ventilation. There shall be adequate provision of sweepers to keep the place clean. There shall be two daises in attendance. Sanitary utensils shall be provided to the satisfaction of the Health Officer of the area concerned. The use of the hut shall be restricted to children, their attendants and mothers of the children. Where the number of women workers is more than 25, but less than 50, the Contractor shall provide at least one hut and one dai to look after the children of women workers. The size of crèche or crèches shall vary according to the number of women workers. The crèche or crèches shall be properly maintained and necessary equipment like toys etc. shall be provided.

CANTEEN: A cooked food canteen on a moderate scale shall be provided for the benefit of workers wherever its is considered expedient. The above rules shall be incorporated in the contracts and in notices inviting tenders and shall form an integral part of the contract.

162 SEAL OF TENDERER

SPECIAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

9.24.0

APPROVAL OF SPECIALIST

9.24.1

Tenderer shall submit alongwith tender, names and address of their specialist sub contractor in the field of electrical, plumbing, water proofing, anti-termite, piling etc. These shall be approved as per clause no. 1.5 of General Conditions of Contract.

9.25.0

INSURANCE The Contractor shall be responsible for all insurances and shall start execution of work only after payment of premium for following policies a)

CAR Policy for entire cost of project

b)

Workmen compensation

c)

Third Party

and copy of receipts are deposited with OWNER. All policies shall be in full force for full amount during contract period. . 9.26.0

PERMISSIONS During the course of construction the Contractor may have obtained the permissions from authorities for use of materials and installation of the equipments. Same shall be transferred to the Employer on the completion of work i.e. when completion Certificate under Clause No. 2.7.0 is given.

9.27.0

DESIGN, DRAWINGS AND CO-ORDINATION (MEP) With respect to clause no. 6.22, the contractor is responsible for the final MEP design and co-ordination of this design with the Architectural and Structural schemes. If any clashes are found when developing the MEP design, then the architectural design intent will take priority and the MEP design must be modified to suit.

9.28.0

DELETED

9.29.0

POWER OF ATTORNEY The Contractor shall not issue any kind of power of attorney in favour of his Bankers for routing payments to the Contractor through Bank.

9.30.0

TRAFFIC The Contractor shall have to make all necessary arrangements for regulating traffic day and night during the period of construction and to the entire satisfaction of the ARCHITECT. This includes the construction and maintenance of diversion, if necessary, at no extra cost to the Corporation. The Contractor shall provide necessary caution boards, barricade, flages and lights, watchmen etc. so as to comply with the latest Motor Vehicle Rules and Regulations and for traffic safety. The Contractor shall be responsible for all claims for the accidents which may arise due to his negligence whether in regulating traffic, in stacking materials on the road or by any other reason.

9.31.0

ALIGNMENT AND BENCH MARKS The alignment of the work to be carried out under the contract shall be marked on the ground as per the drawing and as per the instructions of the RE. For the purpose of facilitating the work, the series of temporary bench marks on masonry pillars will have to be established. These pillars will be constructed along with the alignment and such other locations as may be initiated by the RE. All expenses involved in the process of marking alignment on ground, checking the alignment, constructing masonry pillars in establishing bench marks thereon, shall be borne by the Contractor. It will be

VOLUME – I

SPECIAL CONDITIONS OF CONTRACT

163 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

responsibility of the Contractor to ensure that the masonry pillars so constructed are not damaged during the period of work in progress. 9.32.0

COMPLIANCE WITH CONTRACT LABOUR ACT The successful tenderer is required to produce to the satisfaction of the ARCHITECT a valid license issued in his favour under the provisions of the Contract Labour (Regulation & Abolition) Act 1970, before starting the work. On failure to do so, the acceptance of the tender is liable to be withdrawn and also the earnest money forfeited.

9.33.0

PREVENTION OF MOSQUITO BREEDING AT CONSTRUCTION SITE The Contractor shall on the respective construction site install mosquito proof and accessible water storage tanks or to cover/protect the present water storage tanks properly. The Contractor shall periodically give larvaecidal treatment to water storage tanks, sites of water stagnation, water collection. Any expenditure that may be incurred by Employer to ensure that the above conditions are fulfilled by the Contractor will be debitable to Contractor's account and will be recovered from the bills of the Contractor from time to time.

9.34.0

ADJUSTMENT OF ERRORS IN SCHEDULE OF RATES AND QUANTITIES The several documents forming the contract are to be taken as mutually explanatory of one another, detailed drawings being followed in preference to small scaled drawings and figured dimensions in preference to scaled dimensions. The tendered amount shall be deemed to include for the full and entire completion of the works and the Contractor shall have no claims on account of any errors. Any error in description, quantity in Schedule of Offer or any omissions there from, shall not vitiate the Contract or release the Contractor from the execution of the whole or any part of the works comprised therein according to drawings and specifications or from any of his obligations under the contract. Any error in amount quoted in Schedule of Offer of the price bid, shall be adjusted in accordance with the following rules contained hereinafter. a)

In the event of discrepancy between description in words and figures quoted by the tenderer, the description in words shall prevail.

b)

In the event of an error occurring in the amount column in the Schedule of Offer of the Price Bid as a result of wrong multiplication, the rate quoted shall prevail and cost of the Building part shall be corrected accordingly.

c)

All errors in totaling the amount column and in carrying forward totals shall be corrected.

d)

Any omissions to include in the totals or to carry forward the provisional sums shall be corrected.

e)

The tendered sum so altered shall for the purpose of the tender be substituted for sum originally tendered and considered for acceptance instead of the original sum quoted by the Contractor. Any rounding off of total in various section of the Schedule of Offer in the Price Bid, by the Tenderer shall be ignored.

164 SEAL OF TENDERER

SPECIAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

9.35.0

SALES TAX / SERVICE TAX REGISTRATION Employer is registered with Sales Tax authorities and has Certificate under the Central Sales Tax Act and Registration Certificate under the Mumbai Sales Tax Act.

9.35.1

All the Contractors who are going to quote shall furnish their Sales Tax Registration number. Cess from local bodies if levied shall be paid by the Contractor.

9.35.2

All the Contractors who are going to quote shall furnish their Service Tax Registration Number, Cess from local bodies if levied shall be paid by the Contractor.

*****

VOLUME – I

SPECIAL CONDITIONS OF CONTRACT

165 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

166 SEAL OF TENDERER

SPECIAL CONDITIONS OF CONTRACT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

CONTRACT CONDITIONS VOLUME – I SCHEDULE `A'

VOLUME – I

SCHEDULE – A

167 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

168 SEAL OF TENDERER

SCHEDULE – A

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

SCHEDULE – A Basic Price of Materials 1.

Cement

-

Rs. 290/ Bag

2.

Steel

-

Rs. 47500/ MT

3.

Sand

-

Rs. 1800/cum.

4.

Aggregate (20mm size)

-

Rs. 830/cum.

NOTE 1.0

Binding wire shall be arranged by the Contractor at its own cost.

2.0

The Contractor to make necessary arrangement to verify quality and testing on receipt of each lot of steel and cement as and when received at site. Cost of testing shall be paid by the Contractor.

3.0

Material shall be restricted to works being executed at site and forming part of permanent or temporary works (such as site office, stores, godown, etc.) but not for labour hutments, Ready mix concrete(purchased from market), RCC pipes, RCC jalies, etc. Materials listed above shall not be considered for bought out items, procured by the Contractor from suppliers and/or manufacturers where in such material might be incorporated during their manufacture like Ready mix concrete, hume pipes, RCC jalies etc.

4.0

Property rights of the materials shall continue to vest with the Employer. The Contractor shall not utilise the materials or deal with them in any manner whatsoever except for use in the Contract.

5.0

The Employer/ARCHITECT / MEMBER (ENGINEER) reserve the right to direct the Contractor to procure basic price material from supplier. It shall be Contractor's responsibility to co-ordinate and receive delivery of material in time from suppliers/manufacturers when instructed by the ARCHITECT / MEMBER (ENGINEER).

6.0

Cement supplied shall be stacked by the Contractor in weather tight sheds constructed on work site away from walls and on a damp proof floor. Consignments shall be used in the order in which they are received. Adequate arrangements shall be made for keeping the shed dry during the wet weather by all means or as directed by the ARCHITECT / MEMBER (ENGINEER).

7.0

Steel received at site shall be stacked on firm ground with proper use of sleepers to avoid contamination with mud / soil etc. Steel shall be kept covered with plastic to avoid normal rusting.

8.0

All other materials shall be stacked in secured godown preferably weather tight. Floor shall be firm and stacking shall be in most planned manner to avoid damage, contamination, warping, obstruction etc. It shall allow 1st come 1st used facility.

VOLUME – I

SCHEDULE – A

169 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

9.0

All godowns shall be lockable and under strict control of the Contractor's representative. The ARCHITECT / MEMBER (ENGINEER) or his representative shall have access at any time to all stores, godown etc. His guidance and instruction in up keeping shall be followed.

10.0

While reconciling for the materials, the wastage shall be considered as specified and approved by the ARCHITECT / MEMBER (ENGINEER). Any additional wastage shall be recovered at the rate 1.25 times the market / basic price whichever is higher.

Signature of Contractor.

Date :

*****

170 SEAL OF TENDERER

SCHEDULE – A

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

CONTRACT CONDITIONS VOLUME – I FORM OF AGREEMENT

VOLUME – I

FORM OF AGREEMENT

171 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

172 SEAL OF TENDERER

FORM OF AGREEMENT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

CONTRACT CONDITIONS VOLUME – I FORM OF AGREEMENT

ARTICLES OF AGREEMENT ARTICLES OF AGREEMENT made at Bombay on the ___day of _____ 200_ between st Bank of India a body constituted by the Act having its office at Star House, 1 Floor, West wing, C-5 G-block, Bandra Kurla Complex, Bandra (E), Mumbai-400051. (Hereinafter called “the owner”) of the one part AND ____________________________________________________________(hereinafter called “the Contractor” which expression shall, unless repugnant to the context, mean and include of the other part.

WHEREAS •

The Owner is desirous of getting constructed an office complex on the plot of land being Plot no. C – 5 ‘G Block’ Bandra Kurla Complex, Bandra (East), Mumbai – 400 051. (Hereinafter referred to as the said plot of land) and the said office complex as is more fully described in the layout drawings and for the purpose the parties hereto have agreed to enter into this contract (hereinafter referred to as the work). The Owner has for the purpose, caused the building plans, drawings and specifications, describing the works to be done; prepared by HITEN SETHI ARCHITECTS PVT LTD its Architects having office at Ground Floor, Yayati CHS, Plot No.9, Sector-58A, Palm Beach Road, Nerul, Navi Mumbai – 400 706. (Hereinafter referred to as the Architects)

•

The Owner has appointed _________________ as the Project Management Consultants, having their office at _______________________________________ (Hereinafter referred to as the PMC) for management, monitoring and supervision of day – to day works and progress thereof.

•

The said drawings have been signed by or on behalf of the parties hereto and are annexed as Annexure I hereto in series.

•

The Contractor has agreed to execute the said works viz. construction of the said office complex and other structures etc. subject to the provisions hereinafter contained and subject also to general conditions of contract, special conditions of contract with appendix, annexure, specifications, priced schedule of quantities, preamble, construction schedule and drawings as per list all of which are hereinafter collectively referred to the contract documents strictly in accordance with the building plans approved / to be approved (hereinafter referred to as “The approved building plans”) by the BMC / MMRDA and the drawings annexed hereto, specifications and the schedule of quantities referred to above at or for the respective rates set out

VOLUME – I

FORM OF AGREEMENT

173 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

therein amounting the sum as there under arrived at or such other sums as shall become payable there under. (Hereinafter referred to as the said contract value).

NOW IT IS HEREBY AGREED AS FOLLOWS:•

In consideration of the said contract value to be paid by the Owner to the Contractor at the time and in the manner set forth in the said contract documents and in accordance with the Schedule of payments to execute and complete the work shown upon the said Drawings and the approved building plans strictly in accordance with the specifications and priced schedule of quantities and other contract documents.

•

The expression “Architect” in the said documents shall mean architect for construction of said office complex viz. ____________________., and the expression PMC shall mean Project Management Consultant for the construction of the said office complex viz. ________________________ or in the event of their or any of them ceasing to the Architect or PMC, as the case may be, for whatever reason, such other person or persons as shall be appointed by the Owner for that purpose PROVIDED ALWAYS that no person subsequently appointed to be Architect or PMC shall be entitled to disregard any opinion or decision or approval or instructions given or expressed in writing by the Architects or the PMC for the time being.

•

The said contract documents shall be read and construed as forming part of this contract and the parties hereto shall respectfully abide by, submit themselves to the said conditions and perform the agreements on their part respectively contained in the said conditions.

•

The expression “Structural Consultant” shall mean and refer to Structural Consultants for construction of the said office complex viz. Shanghvi & Associates Consultant Pvt. Ltd. having their office at 7th floor, Padmavati Heights, 389, Shraddhanand Road, Vile Parle (East), Mumbai – 400 057. engaged by the Architect to carry out on his behalf structural consultancy with the approval of the Owner or in the event of their ceasing to be the Structural Consultants for this project, such other person or persons as may be appointed by the Architect with the approval of the Owner.

•

This contract shall be neither a fixed lumpsum Contract nor a piece work contract but shall be a contract to carry out the work in accordance with contract documents on item rate basis to be carried out and to be paid for according to the actual measured quantities at the rates priced in schedule of rates.

•

The Contractor shall afford every reasonable facility for the carrying out of all works relating to contract as may be awarded by the Owner in respect of specialized jobs such as external and internal electrical works, central air conditioning, lifts installation, water treatment plant etc. and other ancillary works in the manner laid down in the said conditions and shall make good any damage caused by him to such works.

•

The approved building plans and drawings mentioned herein shall also form the bases of this contract.

•

The contract herein contained shall comprise not only the works mentioned above but all subsidiary works connected therewith at and within the same site as may be ordered to be done from time to time by the said PMC for the time being, even if such work may not be shown on the said drawings or described in the said of the specifications and Priced Schedule of Quantities.

174 SEAL OF TENDERER

FORM OF AGREEMENT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

•

The Owner reserves to itself the right of altering the drawings and the nature of the work through the Architects / PMC by adding to or omitting any items of work or having portions of the same carried out without prejudice to this contract.

•

Time shall be considered as the essence of this contract and the Contractor hereby agrees to commence the work within 15 days from the date of work order or handing over the site as provided for in the said terms and conditions, whichever is later, and shall complete the entire work within 22 months from the date of work order or handing over the site subject, nevertheless, to the provisions for extension of time as may be agreed to by the Owner and as contained in the said conditions.

•

All payments by the Owner under this Contract will be made only at Mumbai.

•

All disputes arising out of or in any way connected with this contract shall be deemed to have arisen at Mumbai and only courts in Mumbai shall have jurisdiction to determine the same.

•

This contract shall be signed in quadruplicate, the original whereof shall be kept in the custody of the Owner, the duplicate with the Contractor, the triplicate with the Architects and the quadruplicate with PMC.

IN WITNESS WHEREOF the Owner has set its hand hereunto and three duplicates hereof through its duly authorized official and the Contractor has caused these presents and three duplicates hereof under its common seal / by its duly authorized representatives at the place and on the date month and year first hereinabove written.

SIGNATURE CLAUSE SIGNED SEALED AND DELIVERED by Bank of India by the hand of Shri.__________________________________________________________________________ _________________________________________________ (Name and Designation) (1)

___________________________________________in the presence of Address______________________________________________________ _____________________________________________________________

(2)

Address ____________________________________________________ _____________________________________________________________

SIGNED SEALED AND DELIVERED BY M/s.________________________________________________________________ ________the Contractor by the name of Shri__________________(Name & Designation) in the presence of: (1)

_____________________________________________________________ Address______________________________________________________ ____________________________________________________________

VOLUME – I

FORM OF AGREEMENT

175 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

(2)

_____________________________________________________________ Address______________________________________________________ _____________________________________________________________ WITNESS

OR THE COMMON SEAL OF M/s._______________________ the contractor was hereunto affixed pursuant to the resolutions passed by its Board of Directors at the meeting held on __________________________ ____________________________ in the presence of: (1)

__________________________________________________

(2)

__________________________________________________

Directors who have signed these presents in token thereof in the presence of (1)

__________________________________________________

(2)

__________________________________________________

PROFORMA OF UNDERTAKING HYPOTHECATION IN CONNECTION WITH PAYMENT OF ADVANCE ON MATERIALS BROUGHT BY THE CONTRACTOR TO THE SITE

This undertaking executed at this __________ day of 20__________by___________ _____________________________________(hereinafter called the Contractors) IN FAVOUR OF which expression shall include its___________________________________ _______________________________________.

The Bank of India, and having its office at Star House, Bandra Kurla Complex, Bandra (E), Mumbai-400051. (hereinafter called the Owner) which expression shall include its successors and assigns. •

The Owners and the Contractors have entered into an Agreement dated_______________ for construction of on office complex on piece of land belonging to the Owner at ____________________________ (hereinafter called as the said agreement) in terms of which Contractors will be paid an advance of 75% of the cost of non – perishable building materials brought by the Contractor to the site for consumption in the works at the discretion of the Owner.

176 SEAL OF TENDERER

FORM OF AGREEMENT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

•

The Contractor have since applied to the Owner that they be allowed advances as the security of materials absolutely belonging to him and brought by them to the site of work and the Owner has since agreed to do so on the terms and conditions hereinafter set out.

Now this letter of undertaking witnesses that in consideration of the said agreement, and in consideration of the amount paid / payable to the Contractors by the Owner and of any further advances as may be made to the Contractors as aforesaid, the Contractors hereby agree with the Owner and undertake as under: •

The amount advanced by the Owner to the Contractors as aforesaid and all or any further sum or sums advanced as aforesaid shall be employed by the Contractor (s) in or towards expediting the execution of the said works and for no other purpose whatsoever.

•

That the materials which have been offered to and accepted by the Owner as security are absolutely the Contractor’s own property and free from encumbrances of any kind and the Contractors will not make any applications for or receive a further advance on the security of materials which are not absolutely his own property and free from encumbrances of any kind and the Contractors indemnifies the Owner against all claims to any materials in respect of which an advance has been made to them as aforesaid.

•

That the materials on the security of which any further advance or advances may hereafter be made as aforesaid (hereinafter called the said materials) shall be used by the Contractors solely in the execution of the said works in accordance with the directions of the Owner / PMC and in the terms of the said agreement.

•

That the Contractor shall make at his own cost all necessary and adequate arrangement for the proper storage, watch, safe custody, accounting and protection against all risks of the said materials and that until used in construction as aforesaid, the said materials shall remain at the site of the said works in the Contractor’s custody and on the responsibility and shall at all times be open to inspection by the Owner / PMC or any officer authorized by the Owner. In the event of the said materials or any part thereof being stolen, destroyed or damaged, the Contractor will forthwith replace the same with other materials of like quality or repair and make good the same as required by the Owner / PMC.

•

That the said materials shall not on any account be removed from the site of the said works except with the written permission of the Owner of his authorized representatives.

•

That the advances shall be repayable in full at or before the Contractor receive payment from the Owner of the price payable to them for the said works under the terms and provisions of the said agreement provided if any intermediate payments are made to the Contractors on account of work done, then on the occasion of each such payment the Owner will be at liberty to make a recovery from the Contractor’s bill for such payment deducting there from the value of the said material then actually used in the construction and in respect of which recovery has not been made previously the value for this purpose being determined in respect of each description of materials at the rates at which the amounts of the advances made under these presents were calculated.

•

That if the Contractor shall at any time make any default in the performance or observance in any respect of any of the term and provisions of the said agreement or of these presents, the total amount of the advance or advances that may still be

VOLUME – I

FORM OF AGREEMENT

177 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

owing to the Owner together with interest thereon at 18% (Eighteen percent) per annum from the date or respective date of such advance or advances to the date of repayment and with all costs, charges, damages and expenses incurred by the Owners in or for the recovery thereof or the enforcement of this security or otherwise by reason of the default of the Contractor and the Contractor hereby covenants and agrees with the Owner to repay and pay the same respectively to him accordingly. •

That the Contractor hereby hypothecates all the said materials for the time being at site or to be brought at site from time to time until the repayments to the Owner of the sum or sums advanced as aforesaid and all costs, charges, damages and expenses payable under these presents PROVIDED ALWAYS and it is hereby agreed and declared that notwithstanding anything in the said agreement and without prejudice to the powers contained therein if and whenever the covenant for payment and repayment hereinbefore contained shall become enforceable and the money owing shall not be paid in accordance therewith, the Owner may at any time thereafter adopt all or any of the following courses as he may deem best.

•

Seize and utilize the said materials or any part thereof in the completion of the said works on behalf of the Contractor in accordance with the provisions in that behalf contained in the said agreement, debiting the contractor with the actual cost of effecting such completion and the amount due in respect of advances under these presents and crediting the Contractor with the value of work done as if he had carried it out in accordance with the said agreement and at the rates thereby provided. If the balances is against the Contractor, he is to pay same to the Owner on demand together with interest accruing thereon.

•

Remove and sell by public auction the seized materials or any part thereof and out of the moneys arising from the sale retain all the sums aforesaid repayable or payable to the Owner under these presents including expenses incurred by owner in connection with such auction and pay over the surplus (if any) to the Contractor.

•

Deduct all or any part of the money owing hereunder out of the security deposits or any sum payable to the Contractor under the said agreement.

•

That except in the event of such default on the part of the Contractor a aforesaid, interest on the said advances shall not be payable.

•

That in the event of any conflict between the provisions of these presents and the said agreement the provisions of these presents shall prevail and in the event of any dispute of difference arising over the construction of effect of these presents and settlement of which has not been herein before expressly provided for, the same shall be referred to the Employer’s General Manager, Premises Dept., whose decision shall be final and no appeal shall lie against his decision before any court, arbitrator or authority.

•

The provision of this undertaking shall be deemed to be supplemental to the said agreement.

IN WITNESS WHEREOF the Contractors have set their hands to these presents the day and year first hereinabove written.

178 SEAL OF TENDERER

FORM OF AGREEMENT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

SIGNED, SEALED AND DELIEVERD BY THE SAID CONTRACTOR IN THE PRESENCE –

WITNESS: SIGNATURE ____________________________________

NAME _________________________________________

ADDRESS ______________________________________ ______________________________________ ______________________________________

WITNESS: SIGNATURE ____________________________________ NAME _________________________________________ ADDRESS ______________________________________ ______________________________________ ______________________________________

*****

VOLUME – I

FORM OF AGREEMENT

179 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

180 SEAL OF TENDERER

FORM OF AGREEMENT

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

CONTRACT CONDITIONS VOLUME – I LIST OF DRAWINGS

VOLUME – I

LIST OF DRAWINGS

181 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

182 SEAL OF TENDERER

LIST OF DRAWINGS

VOLUME – I

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

LIST OF DRAWINGS

VOLUME – I

LIST OF DRAWINGS

183 SEAL OF TENDERER

PROPOSED REDEVELOPMENT OF RESIDENTIAL BUILDING (C-5 & C-6) AT BANK OFFICERS COMPLEX, SECTOR-13, NERUL, NAVI MUMBAI

184 SEAL OF TENDERER

LIST OF DRAWINGS

VOLUME – I

Suggest Documents

Central Bank of India & DENA Bank TENDER FOR CATERING CONTRACT

Central Bank of India & DENA Bank TENDER FOR CATERING CONTRACT
Read more
RESERVE BANK OF INDIA

RESERVE BANK OF INDIA
Read more
State Bank of India (SBI)

State Bank of India (SBI)
Read more
Corporate Information Bankers: State Bank of India Export Import Bank of India

Corporate Information Bankers: State Bank of India Export Import Bank of India
Read more
INDUSTRIAL DEVELOPMENT BANK OF INDIA (IDBI)

INDUSTRIAL DEVELOPMENT BANK OF INDIA (IDBI)
Read more
PROCEDURE OF OPENING ONLINE ACCOUNT IN STATE BANK OF INDIA

PROCEDURE OF OPENING ONLINE ACCOUNT IN STATE BANK OF INDIA
Read more
INTERIOR & ELECTRICAL WORKS OF UNION BANK OF INDIA

INTERIOR & ELECTRICAL WORKS OF UNION BANK OF INDIA
Read more
AIRPORTS AUTHORITY OF INDIA MUMBAI AIRPORT MUMBAI TENDER DOCUMENT

AIRPORTS AUTHORITY OF INDIA MUMBAI AIRPORT MUMBAI TENDER DOCUMENT
Read more
UNITED BANK OF INDIA, HEAD OFFICE LIST OF WILFUL DEFAULTERS

UNITED BANK OF INDIA, HEAD OFFICE LIST OF WILFUL DEFAULTERS
Read more
UNITED BANK OF INDIA NAME OF WILFUL DEFAULTERS AS ON

UNITED BANK OF INDIA NAME OF WILFUL DEFAULTERS AS ON
Read more
NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT (Fully owned by Govt. of India and Reserve Bank of India)

NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT (Fully owned by Govt. of India and Reserve Bank of India)
Read more
Document of The World Bank

Document of The World Bank
Read more
Document of The World Bank

Document of The World Bank
Read more
Document of The World Bank

Document of The World Bank
Read more
COMPARATIVE STUDY OF CUSTOMER S SATISFACTION TOWARDS HDFC BANK AND STATE BANK OF INDIA

COMPARATIVE STUDY OF CUSTOMER S SATISFACTION TOWARDS HDFC BANK AND STATE BANK OF INDIA
Read more
Document of The World Bank

Document of The World Bank
Read more
Document of The World Bank

Document of The World Bank
Read more
Document of The World Bank

Document of The World Bank
Read more
Document of The World Bank

Document of The World Bank
Read more
Document of The World Bank

Document of The World Bank
Read more
Document of The World Bank

Document of The World Bank
Read more
Document of The World Bank

Document of The World Bank
Read more
Document of The World Bank

Document of The World Bank
Read more
Document of THE WORLD BANK

Document of THE WORLD BANK
Read more