proposed construction for nord drive systems
TRANSCRIPT
A Residential Project
“Kohinoor Emerald”
PROJECT BY
M/s Thanish Construction LLP, PUNE
TENDER FOR CONSTRUCTION OF
RESIDENTIAL BUILDING “A & B”
AT SUS, PUNE.
PROJECT MANAGED BY
PLANEDGE CONSULTANTS PVT.LTD. 1st floor, Galaxy Square, CTS no. 504, Jawaharlal Nehru Road, Modern Bakery Chowk, Nana Peth, Pune-02
Ph: 020-263564466/91-8888887891; email: [email protected]
This document contains confidential information and should not be reproduced or disclosed to any unintended recipients
INDEX
1 ABOUT THE PROJECT ................................................................................................................................................. 1
1.1 Rising Associates LLP: ....................................................................................................................................... 1
1.2 ABOUT PROJECT: ............................................................................................................................................... 1
2 INSTRUCTIONS TO CONTRACTORS .......................................................................................................................... 4
2.2 STUDY OF TENDER DOCUMENTS: ................................................................................................................... 5
2.3 VISIT TO SITE OF WORK: ................................................................................................................................... 6
2.4 PRE-BID MEETING: ............................................................................................................................................. 6
2.5 SUBMISSION OF TENDERS: ............................................................................................................................... 6
2.6 IMPROPER AND INCOMPLETE TENDERS: ....................................................................................................... 6
2.7 ATTESTATION OF TENDER DOCUMENTS: ...................................................................................................... 6
2.8 ESSENTIAL PRE-QUOTATION CONSIDERATIONS: ........................................................................................ 7
2.9 ACCEPTANCE OR REJECTION OF TENDERS: ................................................................................................ 7
2.10 PERIOD OF DECISION: ....................................................................................................................................... 7
4 SUMMARY AND SPECIAL CONDITION ....................................................................................................................... 7
4.2. PERIOD OF TIME FOR COMPLETION OF THE WORK: .................................................................................... 7
4.3. EARNEST MONEY DEPOSIT (EMD) ................................................................................................................... 7
4.4. REFUNDS OF RETENTION: ................................................................................................................................ 8
4.6. DEFECTS LIABILITY PERIOD: ............................................................................................................................ 8
4.7. DATE OF COMMENCEMENT OF WORK: ........................................................................................................... 8
4.8. DATE OF COMPLETION OF TOTAL PROJECT: ................................................................................................ 8
4.9. BONUS / LIQUIDATED DAMAGES: .................................................................................................................... 8
4.10. PERIOD OF FINAL MEASUREMENT AND BILL CERTIFICATION: .................................................................. 9
4.11. VALUE OF WORK FOR INTERIM CERTIFICATE: .............................................................................................. 9
4.12. R. A. BILLS OF WORK AND PERIOD OF HONOURING CERTIFICATES: ....................................................... 9
4.13. WATER AND POWER FOR CONSTRUCTION: ................................................................................................ 10
4.14. VARIATION IN QUANTITIES OR SPECIFICATIONS: ....................................................................................... 11
4.15. BASIC RATES FOR QUOTATION ..................................................................................................................... 11
4.16. SUB- CONTRACTORS: ...................................................................................................................................... 12
4.17. STORAGE OF MATERIAL: ................................................................................................................................ 12
4.18. CONTRACT DOCUMENTS: ............................................................................................................................... 13
4.19. VALIDITY OF RATES: ........................................................................................................................................ 13
4.20. TESTING OF MATERIAL AND EXECUTED WORK .......................................................................................... 13
4.21. PROJECT MANAGEMENT AND PROGRESS MONITORING: ......................................................................... 13
4.22. MAINTAINANCE OF RECORDS AND OTHER RESPONSIBILITIES: .............................................................. 14
4.23. INCOME TAX DEDUCTION: .............................................................................................................................. 15
4.24. MISCELLANEOUS CONDITIONS AND STIPULATIONS:................................................................................. 15
5 GENERAL CONDITIONS OF CONTRACT .................................................................................................................. 16
5.1 DEFINITIONS ...................................................................................................................................................... 16
5.2 AUTHORIZED REPRESENTATIVES ................................................................................................................. 19
5.3 NOTICES ............................................................................................................................................................. 19
5.4 CONTRACT INTERPRETATION ........................................................................................................................ 19
5.5 ORDER OF PRECEDENCE ................................................................................................................................ 20
5.6 LAWS AND REGULATIONS .............................................................................................................................. 20
5.7 TAXES ................................................................................................................................................................. 21
5.8 CONTRACTOR’S OBLIGATIONS ...................................................................................................................... 21
5.9 LABOUR, PERSONNEL AND WORK RULES................................................................................................... 22
5.10 REGISTRATION OF CONTRACTOR ................................................................................................................. 24
5.11 QUANTITIES AND CONTRACT PRICES........................................................................................................... 24
5.12 SUPPLY OF MATERIALS BY THE CONTRACTOR ......................................................................................... 25
5.13 PERMITS ............................................................................................................................................................. 25
5.14 MEDICAL FACILITIES AND SERVICES ............................................................................................................ 26
5.15 SAFETY AND HEALTH ...................................................................................................................................... 26
5.16 SITE CONDITIONS AND NATURAL RESOURCES .......................................................................................... 27
5.17 UNFAVOURABLE WORKING CONDITIONS .................................................................................................... 27
5.18 TITLE TO MATERIALS FOUND ......................................................................................................................... 28
5.19 SURVEY CONTROL POINTS AND LAYOUTS .................................................................................................. 28
5.20 CLEANING UP .................................................................................................................................................... 28
5.21 CO-OPERATION WITH OTHERS ...................................................................................................................... 28
5.22 ENVIRONMENTAL CONDITIONS ...................................................................................................................... 28
5.23 RESPONSIBILITY FOR WORK, SECURITY AND PROPERTY ........................................................................ 29
5.24 CONTRACTOR'S EQUIPMENT AND FACILITIES ............................................................................................ 30
5.25 INSPECTION, QUALITY SURVEILLANCE, REJECTION OF MATERIALS AND WORKMANSHIP ................ 31
5.26 PROGRESS ........................................................................................................................................................ 32
5.27 CHANGES ........................................................................................................................................................... 32
5.28 USE OF COMPLETED PORTIONS OF WORK.................................................................................................. 33
5.29 EXAMINATION OF CONTRACTOR'S RECORDS AND ACCOUNTS .............................................................. 33
5.30 BACKCHARGES ................................................................................................................................................ 33
5.31 INDEMNITY ......................................................................................................................................................... 34
5.32 ASSIGNMENTS AND SUBCONTRACTS .......................................................................................................... 34
5.33 SUSPENSION ..................................................................................................................................................... 34
5.34 TERMINATION OF CONTRACT ........................................................................................................................ 35
5.35 OPTIONAL TERMINATION ................................................................................................................................ 37
5.36 FORCE MAJEURE ............................................................................................................................................. 37
5.37 INSURANCE AND STATUTORY MATTERS: .................................................................................................... 39
5.38 CONTRACTOR-FURNISHED DRAWINGS, DATA AND SAMPLES ................................................................. 40
5.39 CONTRACT SCHEDULE .................................................................................................................................... 41
5.40 TEMPORARY ACCESS AND HAUL ROADS .................................................................................................... 42
5.41 SAFETY, HEALTH, FIRE PREVENTION AND SECURITY PROGRAMS ......................................................... 42
5.42 EXPLOSIVES ...................................................................................................................................................... 43
5.43 MEASUREMENT FOR PAYMENT AND PAYMENT FOR WORK ..................................................................... 43
5.44 LABOUR/SITE REQUIREMENTS ...................................................................................................................... 44
5.45 APPLICABLE LAW ............................................................................................................................................ 44
5.46 NOTIFICATIONS OF SUITS AND ACTIONS ..................................................................................................... 44
5.47 OWNER’S RIGHT TO DEFEND SUITS AND ACTIONS .................................................................................... 44
5.48 SETTLEMENT OF DISPUTES ............................................................................................................................ 44
5.49 QUALITY ASSURANCE PROGRAMME ............................................................................................................ 45
5.50 EMPLOYEES OF OTHER SUB CONTRACTORS ............................................................................................. 45
5.51 COMMISSION PAYMENTS/BUSINESS STANDARDS ..................................................................................... 46
5.52 PROVISIONAL ACCEPTANCE .......................................................................................................................... 46
5.53 DEFECTS LIABILITY .......................................................................................................................................... 47
5.54 FINAL ACCEPTANCE CERTIFICATE ............................................................................................................... 48
5.55 CONFIDENTIALITY / PROPERTY RIGHTS IN INFORMATION / ADVERTISING ............................................ 48
5.56 MODE OF MEASUREMENT AND BILLING ...................................................................................................... 49
6 SPECIFICATIONS ........................................................................................................................................................ 50
6.1 GENERAL ........................................................................................................................................................... 50
6.2 PLAIN AND REINFORCED CEMENT CONCRETE WORKS ............................................................................ 51
6.3 BLOCK WORK AND PLASTER: ........................................................................................................................ 53
6.4 STRUCTURAL STEEL WORK AND FABRICATION......................................................................................... 55
6.5 WATER PROOFING TREATMENT .................................................................................................................... 55
6.7 CHECKLISTS ...................................................................................................................................................... 58
6.8 RECOMMENDED MAKE .................................................................................................................................... 59
6.9 Final Areas ......................................................................................................................................................... 59
6.10 Stages of payment ............................................................................................................................................. 60
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1 ABOUT THE PROJECT
1.1 THANISH CONSTRUCTION LLP:
Thanish Construction LLP is a part of the Kohinoor Group which was started in the Year 1983 in the dynamic leadership of Mr. Krishnakumar Goyal. The initial years of the group activity was limited to trading of cement, wall and floor tiles, sanitary ware and other material required for construction. The group later diversified into construction and property development in the early nineties. Along with property development, lot of buying and selling of property happened and thus a solid base with appropriate land banking was prepared. Member of CREDAI
1.2 ABOUT PROJECT:
Project is premium residential scheme. Present works is construction of two (A & B) residential buildings, comprising of approximately 170,920 sft slab area.
Project Profile: Project Type : Residential Project.
Location : Sus Gaon, Pune.
Plot Size : 13,100 sqm.
Construction Area : For A Building, Approx 85,460 Sq. ft.
For B Building, Approx 85,460 Sq. ft.
Key Features : 1.08 km from Sus Hospital
: 1.40 km from Tree House High school
: 1.53 km from Sus Gaon Bus Stop
Site Condition Plot Surroundings : North side: 60.0 m wide state highway
West side: 24 m wide DP road
South side: Amenity space
East side: Open space
Site Topography :
Soil Condition : Hard Strata
S.B.C. of Soil :
Electric & Water supply : Borewell on site, MSEB supply shall be provided at one point.
Salient Features:
Project comes under PCMC.
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Project Team
Client M/s. Thanish Construction LLP
Design Architect M/s. Vk:a (Mr. Vishwas Kulkarni)
Project Management Consultant M/s. Planedge Consultants Pvt. Ltd. (Mr. Nilesh Laddad)
RCC Consultant M/s. G.A. Bhillare & associates (Mr. Ajay Bhillare)
Electrical Consultant M/s Electric n sun (Mr. Avdhut Kumbhojkar)
Plumbing Consultant Mclin consultant Pvt. Ltd. (Mr. Rahul shelke)
Landscape Consultant M/s. Mahesh chinchalakar landscape (Mr. Mahesh Chinchalkar)
Environmental Consultant M/s. Vk.e environmental LLP. (Mr. Vishwas Kulkarni)
Firefighting Consultant M/s. Sumit fire (Mr. Sumit Jadhav)
Google Image of Site layout
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2. SALIENT FEATURES:
Sealed tenders are invited from pre-qualified contractors for proposed construction of “A & B” buildings of “Kohinoor Emerald”
consisting of residential buildings (G+P+20 floor) at Sus, Pune
1.1. Name & Site of Work “Kohinoor Emerald” at Sus, Pune.
1.2. Scope of Work
Complete Civil Works : Backfilling, Soling, Anti-termite treatment, Plum concrete, PCC, All RCC work, Water Proofing for lift, top terrace and OHWT /LMR, BBM, Plaster ( External and Internal – Tar plaster ) work, Complete civil works for UGWT.
1.3. Time for Completion 14 months
1.4. Time and Place for PRE–BID Meeting
20/06/2020
1.5. Time, Date and Place of Submission
25/06/2020 before 5.00 pm, at office of Planedge Consultants, Pune, 411002.
1.6. Cost Of Tender Rs.10,000/- + GST @ 18% = Rs. 11,800/-
1.7. Earnest money deposit EMD NA
1.8. Retention Money 5 % of value of work to be deducted from each Running Account Bill in the course of the project. Retention to be released after completion of Defect Liability Period.
1.9. Waterproofing For Waterproofing work 10% retention to be deducted from the waterproofing amount and will be released after completion of Defect Liability Period.
1.10. Minimum Value of Interim Bills Rs. 50,00,000/- ( Rs. Fifty Lakhs only) for each building.
1.11. Period of Billing Maximum 2 (Two) Bill every month
1.12. Period of honoring Certificates
a) a) 100% amount for each R A bill will be released within 15 working days after certification by PMC
b) b) Full and Final Bill of project completion within 90 Days from the date of submission.
1.13. Mobilization Advance c) NA
1.14. Defects Liability Period 12 months from the date of final bill certification by PMC. For water proofing works it is 36 months from the date of final bill certification by PMC.
1.15. Liquidated Damage for delay 0.5 % contract value per week up to a max. of 5.00 % of the Accepted tendered amount.
1.16. Bonus clause 0.5 % contract value per week up to a max. of 5.00 % of the Accepted tendered amount.
1.17. Tender Type Item Rate converted to Lump sum
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2 INSTRUCTIONS TO CONTRACTORS
2.1.1 This is item rate tender converted to lump sum tender. The contract will be awarded based on the final and firm
price offered by the contractor to complete the civil works of building, as well as finishing work as given defined in
the scope definition, master layout and the detailed set of drawings and BOQ.
2.1.2 The present scope of work is civil Works of Main building including Backfilling, Soling, Anti-termite treatment, Plum
concrete, PCC, All RCC work, Water Proofing for lift, top terrace and OHWT /LMR, retaining wall raft and pardi, and
BBM, Plaster ( External and Internal – Tar plaster + Gypsum) work, Complete civil works for UGWT.
2.1.3 The BOQ as attached with the tender has been thoroughly prepared, based on all the engineering and
technical data available. The contractor has to satisfy himself thoroughly by estimating all the quantities through his
team. No claim shall be entertained on account of variation in quantities at the time of execution.
2.1.4 The drawings as provided with the tender are final "Good for construction Drawings". In case any disparity or some
additional drawings are required, the contractor should point out the same prior to the Pre-bid meeting, such that
the bid as submitted by the contractor will be accurate. Extra Claims will not be entertained during execution on
account of non-availability of details in the drawings.
2.1.5 One borewell is available on site. The Owner does not assure or commit the quantity and suitability of water
available. In case of shortage or non-availability of water from borewell, the contractor has to arrange the water from
his sources at his own cost. The contractor shall not be reimbursed any costs for the same. No delay will be
considered in this account of shortage of water. The Contractor shall have to make arrangements at his own cost
for the required pipelines, testing, storage tanks, pumps or machinery (including diesel or power required for its
operation) to raise and use the available water, if any.
2.1.6 Power supply for construction will be provided by the Owner at one point and paid by the contractor. The Contractor
shall have to make arrangements at his own cost for the required pipes, wires and other accessories to have the
electrical connections wherever required (with utmost safety). The contractor will have to pay for the electricity
consumed by him.
2.1.7 Coordination with electrical and other agencies which will be brought by the client for any reason what-so-ever.
2.1.8 The area calculation as stated in the tender will be considered as final.
2.1.9 Detail scope of work:
2.1.9.1 Required dressing and levelling of the excavated surface upto the hard strata for PCC including dewatering if
required.
2.1.9.2 Removal of the excavated and loose material for footings, raft etc. upto the hard strata as per direction of the
site incharge.
2.1.9.3 Watering of the surface before laying of PCC is in contractor scope.
2.1.9.4 Backfilling works including watering and compaction in layers of not more than 300 mm.
2.1.9.5 Filling in the plinths, basements, and plot levels at various levels as per design.
2.1.9.6 Compaction of the backfilled material is in the scope of the contractor using compactor for backing in plinth
or plate compactor at plinth beam area.
2.1.9.7 Soling and PCC are in the scope of the contractor.
2.1.9.8 Providing and pouring of concrete for PCC of required grade.
2.1.9.9 Water proofing of top terrace, OHWT, lift area, retaining wall as specified in BOQ.
2.1.9.10 All Civil works for main building and retaining wall i.e RCC, Block work, Plaster [Internal (Tar plaster to entire
dado work in toilets, bathroom, in kitchen, lift area + Gypsum) and External], water proofing of top terrace
including the main structures, lift area, OHWT, elevation works, retaining wall, Complete civil works for
UGWT. etc.
2.1.9.11 Supply, Pouring and compacting of concrete for RCC members (footing, column, slab, beam, etc.) as per the
design and different grade of concrete (but not limited to M20, M25, M35) mentioned in BOQ/RCC drawings
with necessary Equipment, labours and quality testing.
2.1.9.12 Supply, cutting, bending, lifting, placing and tying of steel (Fe500/Fe250) for all RCC members as per the
drawing, with all necessary equipment/ machinery with quality testing.
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2.1.9.13 Supply, making, fixing and removal of all shuttering material (MS Props and cup locks) for all civil work with
appropriate tools. New shuttering material in plywood with plastic coat shall be used.
2.1.9.14 Possession and security of stored material shall be in contractor’s scope.
2.1.9.15 Supply of material, labour for block masonry
2.1.9.16 Internal Plaster (Tar plaster to entire dado work in toilets, bathroom, in kitchen , lift area + gypsum punning
for walls & ceiling) and External Plaster (2 coat sand faced water proof plaster sponge finish) including
supply of material & labour.
2.1.9.17 Supply of material, Labour, and necessary equipment’s for the water proofing work with 10 years of
guarantee on Rs. 500 stamp paper, is in contractors scope.
2.1.9.18 Fixing sleeves of required sizes. Sleeves shall be provided by builder as and where required.
2.1.9.19 Any additional / extra work during the course of construction shall be approved by PMC (Planedge
consultants Pvt. Ltd.) before execution of such works.
2.1.9.20 Documentation and support for all liasioning with PCMC and local bodies.
2.1.9.21 Coordination and all support required for lift installation vendor.
2.1.9.22 The contractor will submit the GST declaration statement authorized by CA at every quarter.
2.1.9.23 Coordination with all and any agencies brought by PMC or client for any reason what-so-ever.
2.1.9.24 The contractor has to submit the reconciliation for basic materials every month.
2.1.9.25 All necessary survey to demark the building line on the ground as per architectural drawing.
2.1.9.26 Testing of all the materials is in scope of the contractor, whether the material is brought by the contractor or
issued by the Client. Also third party testing reports of various materials, as required by Client/PMC, will be
done by the contractor at no extra cost.
2.1.9.27 Temporary site set up for material storage and site office.
2.1.9.28 Mobilization should be done within 15 (Fifteen) days of date of issue of LOI / WO whichever is earlier.
2.1.9.29 If R.M.C. plant is installed on site by the contractor for the project use, all royalty, licenses fees required and
all NOC are to be obtained and paid for, to any local/ government authority is in the scope of contractor. The
contractor has to indemnify the owner for all future liabilities including taxes, duties, levies from central/ state
government, local bodies etc. arising out of use of RMC plant on Owner’s premises.
2.1.9.30 All local labour issues including Mathadi labour to be handled by contractor.
2.1.10 Project works not included in the contractors Scope:
2.1.10.1 Excavation works.
2.1.10.2 Supply and installation of solar power system
2.1.10.3 Firefighting work
2.1.10.4 Electrical High Tension works, up to the LT feeder pillar.
2.1.10.5 Generators and transformers.
2.1.10.6 Supply and installation of Lift as Nominated Sub Contractor(NSC).
2.1.10.7 Mechanical Car Parking
2.1.10.8 Hardscape, Soft-scape i.e. supply and installation of mud, plants, irrigation system etc.
2.1.10.9 Installation of sewage treatment plant
2.1.10.10 Soft furnishing i.e. curtains sofa etc.
2.1.10.11 Any legal permissions, from sanctioning authority, local body, environmental clearances, getting NOC from
various departments etc.
2.2 STUDY OF TENDER DOCUMENTS:
2.2.1 Upon submission of the Tender, it will be presumed that the Contractor has thoroughly studied the Tender
document with all the terms, conditions, specifications, mode of measurements and drawings and has completely
understood the nature, extent and scope of the work and is completely aware of his liabilities and responsibilities in
respect of the contracted work.
2.2.2 In the event of any contradictions or lack of clarity in the Tender document and conditions, these should be brought
to the notice of the PMC (Planedge Consultants Pvt. Ltd.) before commencement of the work. In case discrepancy
or lack of clarity is found during execution, at all times, the interpretation and decision of the PMC(Planedge
Consultants Pvt. Ltd.) shall be final and binding upon the Contractor.
2.2.3 This is an item rate tender converted to lump sum tender. The contractor is required to give a fix and firm price
for the execution of entire work. The Contractor is required to study all the plans, elevations, sections, technical
specifications, investigation reports, and detailed estimate as provided in the tender document for all works related
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to the project. The rates as given by the contractor should be excluding of GST as applicable. These rates are
being taken as a part of this tender document to ensure transparency of working. At no time should this tender be
considered as item rate tender. Also during the course of study and tendering the contractor may be required to
make assumptions, and the cost of the same to be incorporated in the bid price. It is explicitly clarified that at no
point of time extra work or variation work will be entertained during the period of execution of the work.
2.3 VISIT TO SITE OF WORK:
2.3.1 The Contractor is expected to visit the site of work personally and see the site conditions regarding water, labour,
leads, lifts, soil and strata and all other factors affecting the work before submitting the quotation. Leads, lifts and
permissibility for disposal of excavated material shall also be studied and considered in the quotations. No extras or
escalation shall be granted on account of any error of judgment or miscalculation or misunderstanding of scope of
the work.
2.4 PRE-BID MEETING:
2.4.1 A Pre-Bid meeting will be held on 20/06/2020 .Place and timing of pre-bid meeting is subject to confirmation.
Contractors may get any queries clarified during this meeting. The contractor is required to raise any queries within 3
days of date of collection of tender via email. Any variations or modifications in the Tender terms or conditions
proposed and accepted in the course of this pre-bid meeting will be circulated to all tenderers and such modifications
shall form a part of the contract. Contractors shall take into consideration such accepted and circulated changes in
the Tender terms or conditions while quoting the item rates. NO other conditions, except those accepted by the
Owner, will be entertained.
2.5 SUBMISSION OF TENDERS:
2.5.1 Tenders are to be submitted in a sealed envelope super scribed: “BID FOR PROPOSED DEVELOPMENT FOR “M/s
Thanish construction LLP”, at Survey No. 214/1, Sus Gaon, Pune.
2.5.2 Tenders should be submitted NOT LATER THAN 25/06/2020, at 1700 hrs. Tenders should REACH the Owner not
later than the date and time stipulated even if sent by post / courier. They should be preferably be forwarded by hand
or by courier service to: M/s. Planedge Consultants Pvt. Ltd. Office, Galaxy Square, 1st Floor, 504 Jawaharlal Nehru
Road, Nana Peth, Pune 411002
2.5.3 Information regarding tender opening will be conveyed to all contractors later via email. Tenders may be opened by
the PMC(Planedge Consultants Pvt. Ltd.) in the presence of the Owner on any day informed to the contractors and
approved by the Owners subsequent to the submission.
2.6 IMPROPER AND INCOMPLETE TENDERS:
2.6.1 Quotations shall be tendered on an “item rate converted to lumpsum tender” as guided by the annexed Schedule of
Item Quantities. Please read the item descriptions and specifications carefully before quoting the item rates.
Specific Brands of materials have been prescribed; no substitution will be permitted for specified brands.
2.6.2 Submitted Tenders shall NOT be subject to ANY conditions other than those stipulated in the Tender Document.
Quoted rates and amounts shall be deemed to be completely unconditional and any conditional Tenders are liable
to be rejected outright.
2.6.3 The quotations in the Tender shall be written clearly, legibly and shall be free from erasures, over-writings or
conversions of figures. Corrections, where unavoidable, shall be made by crossing out, initialling and rewriting.
Also, type written quotations may be submitted by the contractors, under which situation the contractor is required
to stamp and sign each of the pages of the BOQ.
2.6.4 The contractor is also required to submit his bid in soft copy on a non-rewritable CD. Emails will not be considered
as valid for Bid.
2.7 ATTESTATION OF TENDER DOCUMENTS:
2.7.1 Contractors must return the Tender Document complete with the specifications, schedule of quantities, and
drawings with the item rates, and total amounts in figures and words, and every page duly signed. Seal and
Signature of the Contractor should also be placed below the summary at the end of the Schedule of Quantities. Any
tender not bearing signature of the Contractor on all documents of the tender is liable to be rejected. In the event of
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any discrepancy between the quotation of item rate in words and figures, the LOWER of the two shall be treated as
the valid rate quotation and the offer amount shall be so modified
2.8 ESSENTIAL PRE-QUOTATION CONSIDERATIONS:
2.8.1 The submission of the tender by the Contractor implies that he has read these instructions, the conditions of
contract etc. and has made himself aware of the scope and limitations of the work to be done and local conditions
and other factors bearing on the execution of the work. The Owner will NOT, after acceptance of contract rates,
pay any extra charges for lead, testing, or any such other reasons. The contractor must arrange for the transport of
all materials and equipment required - including all duties and levies on such materials - and for further
construction, fabrication, erection, installation, testing etc. and include all such costs in the quotation.
2.8.2 Although specific items of work have been included in the Schedule annexed hereto, the contractor should note that
all incidental and allied works arising out of the scheduled items are deemed to be included in the said items. The
contractor shall take into account while quoting that miscellaneous allied works, such as cleaning of the site,
finishing of edges and corners, repairing of any adjacent work / area damaged due to the work in hand, finishing of
surfaces in immediately adjacent areas etc. shall be done without any extra charge or liability to the Owner. No
extras shall be payable on account of any such work which may or may not be specifically included in the Bill of
Quantities.
2.9 ACCEPTANCE OR REJECTION OF TENDERS:
2.9.1 M/s. Thanish Construction LLP may at its discretion accept any tender, and shall have the absolute indisputable
right to reject all or any of the Tenders. The Owner is NOT bound to accept the lowest tender, nor bound to assign
any reasons for the rejection of any tender or all Tenders. The Owner also hereby reserves the right to sub-divide
and allot parts of the Tender to different agencies, if deemed expedient, and the award of this Contract shall only be
subject to the acceptance of this clause.
2.10 PERIOD OF DECISION:
2.10.1 The tenders shall remain open for acceptance for a period of 90 days from the date on which they are due for
submission, or any other extended date for their receipt, and during this period no Contractor shall be allowed to
withdraw his tender.
4 SUMMARY AND SPECIAL CONDITION
4.1. TYPE OF TENDER
This tender shall be deemed to be tender on Item rate basis converted to lump sum basis.
4.2. PERIOD OF TIME FOR COMPLETION OF THE WORK:
14 months from the date of agreement / LOI, whichever is earlier.
4.3. EARNEST MONEY DEPOSIT (EMD)
Deleted
RETENTION PERCENTAGE:
4.3.1. An amount of 5% of the work done amount to be held as outlined for the due fulfilment of Contract. These amounts,
equivalent to 5 % shall be deducted from the certified amount of every R.A. bill. The retention amount will be released
after a period of 12 months from the date of final bill certification by PMC
4.3.2. An amount of 10% of the work done amount of waterproofing work will be held for Three (3) years from the date of final
bill certification by PMC.
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4.4. REFUNDS OF RETENTION:
On the PMC(Planedge Consultants Pvt. Ltd.)'s Certification of adequately satisfactory completion of the work, Retention
amount shall be refunded to the contractor without interest after the successful completion of period called the `Defects
Liability Period', i.e. after the expiry of twelve calendar months from the date of final bill certification by PMC, subject to
satisfactory repair and rectification of defects, if any, during the said Defects Liability period. Retention Money shall be
refunded only on production of a clearance Certificate from the PMC. The retention amount on the water proofing work will
be released after a period of 3 years from the date of final bill certification.
4.6. DEFECTS LIABILITY PERIOD:
4.6.1. This period shall be calculated as 12 (Twelve) months from the date of final bill of the assigned work, as certified by the PMC (Planedge Consultant Pvt. Ltd).For water proofing works DLP will be 36 months from the date of final bill certificate by PMC.
4.7. DATE OF COMMENCEMENT OF WORK:
4.7.1. Within Fifteen days from the intimation of acceptance of Tender, or issue of LOI or execution of Contract Agreement with the Owner, or issue of the Work Order, whichever is earlier
4.7.2. Start Date of work will be duly signed by contractor and certified by PMC(Planedge Consultants Pvt. Ltd.) for record purpose. In absence of record document, start date will be considered 15 days from the date of issue of LOI or any other document intimating the contractor about the intention to award the work and therefore to start work.
4.8. DATE OF COMPLETION OF TOTAL PROJECT:
14 months from the date of commencement, as described in clause no 4.7 (or any earlier date committed by the contractor, or any later date, if officially extended by the Owner in writing)
4.9. BONUS / LIQUIDATED DAMAGES:
4.9.1. TIME being the essence of this contract, the Owner shall levy Liquidated Damages on the contractor in the event of the
work NOT being completed on the scheduled date and time stipulated in above Clause 4.8 These Liquidated Damages
shall be levied at the rate of 0.5% (Half percent) of the contract price per week from the due date of completion. From such
subsequent date the Owner MAY extend at its complete discretion if found genuinely necessary. In any case liquidated
damages may not be levied to more than 5% of the contract value.
4.9.2. Furthermore to enhance the speed of work and to give incentive to the contractor team to achieve the work on time, a
provision is also being made for Bonus. The contractor is free to claim a bonus in event of early completion of the work.
This may be claimed at the same rate of 0.5% (Half percent) of the contract price per week early from the due date of
completion. This bonus can be claimed to up to 5% of contract value.
4.9.3. In the event of the construction work NOT being completed by the due date of Completion stipulated in Clause 4.8 above, it
shall be entirely discretionary for the Owner to adopt any one of the following options - as circumstances may demand:
4.9.3.1. To grant a reasonable extension of time without Liquidated damages, which will be only in exceptional or extra-
ordinary circumstances, if found to be genuinely necessary.
4.9.3.2. To permit the work to continue WITH a levy of penalty per day beyond the scheduled date of completion, or
beyond any extended date of completion, for this purpose the agreed baseline construction schedule as
described in further clauses shall be reviewed and monitored on quarterly basis. Monetary action shall
be initiated in case it is observed that there is delay or variation from the baseline schedule repeatedly
for more than 2 quarters.
4.9.3.3. To terminate the contract, confiscate the entire amount of Security Deposit and Retention Money and get the
balance work completed by any other agency as may be required. This option shall, however, be adopted by
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the Owner if the levy of Liquidated Damages exceeds 5.00 % (FIVE Percent) of the Contract value due to
continuing delay in work. The contractual schedule shall be monitored on a monthly basis. The Owners may
initiate this clause interim of the Project if it is observed that there has been a delay in the baseline schedule
during review of more than 3 quarters.
4.9.4. Any amounts payable as Liquidated Damages in above options, shall be recoverable out of the Retention Money and
Security Deposit held by the Owner or from dues payable to Contractor in the Running Account bills if necessary.
4.9.5. In case of extension of time or increase in time schedule allowed by the Owner for whatsoever reason thereof, the
contractor may not claim any bonus for completion of work after the target date. This extension of time will be given only
to ensure that the contractor will not be subjected to any liquidated damages. This may not be constructed as a point to
claim bonus.
4.9.6. Project Contractor shall carry out all work as per instructions given by PMC. The Owner hereby authorized PMC to debit
the amount, which PMC feel appropriate for any misdeed by the Project Contractor such as, but not limited to, safety
violation, delay in completion of any construction activity, inferior quality, noncompliance of housekeeping norms and site
instruction, lack of supervision, etc.
4.10. PERIOD OF FINAL MEASUREMENT AND BILL CERTIFICATION:
4.10.1. Maximum of Ninety (90) days from the date of presentation of the final bill to the Owner for payment, subject to receipt of all
documents, test reports and certificates, reconciliation statements and compliance of undertakings, if any, from the
contractor.
4.10.2. To safeguard the interests of the Project, the Contractor is required to submit a "No Dues" Certificate from all his suppliers
and vendors for the contract work along with the final bill.
4.11. VALUE OF WORK FOR INTERIM CERTIFICATE:
4.11.1 The minimum value of running account bills of work shall be Rs. 50, 00,000/- (Rs. Fifty Lakhs Only) for each building.
The Contractor will not under any circumstances, raise more than Two (2) R.A.Bill per Month, (preferably on the 1st and
15th of every month) during the Contract period in the prescribed manner. Interim bills of lower value may be permitted (to a
maximum of 1 per month) in case of exceptional circumstances totally at the discretion of the PMC (PLANEDGE
CONSULTANTS PVT. LTD.)
4.11.2 It should be explicitly understood since this is an item rate tender converted to lump sum tender and since there shall be
stage wise billing, billing for partially completed activity shall not be permitted. Each bill be accompanied by a photographic
report of stage of building completed.
4.12. R. A. BILLS OF WORK AND PERIOD OF HONOURING CERTIFICATES:
4.12.1. Running Account (RA) BILLS OF WORK: All R.A. Bills of work shall be submitted to the PMC (PLANEDGE
CONSULTANTS PVT. LTD.) in FOUR sets complete with stages achieved, photographs of work done, any required
measurements of work etc. The PMC (PLANEDGE CONSULTANTS PVT. LTD.) shall briefly verify and review the same in
7 working days; thereafter payment certificate will be sent to the Owner for release of payments.
4.12.2. Payments: 100% bill amount of each R A Bill will be paid to the contractor within 15 working days after certification of bill.
4.12.3. Prior to the release of final amount against the RA bill the same is to be duly scrutinized, certified and signed by the
PMC(PLANEDGE CONSULTANTS PVT. LTD.) on site, within SEVEN DAYS from its submission.
4.12.4. The FINAL Bill, however, shall be scrutinized and settled as per Clause above. No advance shall be released against the
Final Bill. No ad-hoc payments shall be released after virtual completion.
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4.12.5. The release of any payments by the Owner is subject to its proper submission of the bills and documents as required with
the Bill. The Owner will not release any payments in case there are faulty documentations, or noncompliance to any
points in this contract and tender.
4.12.6. All Bills submitted by the contractor will be stage payment basis. The stages will be as per the one defined on the start of
the Project and attached herewith. There shall not be any modification in the stages unless approved by the PMC and
explicitly agreed by the Owner.
4.12.7. In case of any changes or variations bill submitted by the contractor shall have three sections in it.
Section a – for tender items as per stages with no variation,
section b – for additional quantity of tender items induced due to changes or modifications approved by the Owner and
agreed by the PMC as per bill of quantities,
section c – for extra items induced due to changes in drawings and specifications approved by the Owner and agreed by
the PMC not included in bill of quantities of the tender.
Section b and c shall be supported by drawings, change order, purchase, payment vouchers and rate analysis supporting
the claim.
4.12.8. Unused Material: The Contractor shall not be paid for any unused balance on the site after completion of all the works. It
shall be the contractor’s responsibility to appropriately remove the material from site at the completion of all the works.
4.12.9. Owner Supplied Material: Free issue material if any, will be issued to the contractor, within in one (1) month after the
contractor has given a written requirement of the same in terms of the estimated quantity. It will be responsibility of the
Contractor to estimate the accurate requirement of this free issue material. The Contractor will be responsible for loading,
unloading, safekeeping and proper utilization of the material once issued. At the time of final billing and reconciliation the
contractor will give in writing the total quantity of free issue material still available with him. This Free issue material will be
the exclusive property of the Owner and shall not be hypothecated or removed from the site without prior permission from
the Owner. If required it will be the Contractors’ responsibility to properly dispose the material.
4.13. WATER AND POWER FOR CONSTRUCTION:
4.13.1. WATER: The Contractor should consider in their quotations that Water supply at the site is available free of cost from
existing bore well at the project site. The Owner however does NOT assure or commit the quantity or suitability of water
available. The Contractor shall have to make arrangements at his own cost for the required pipelines, testing, storage tanks,
pumps or machinery (including diesel or power required for its operation) to raise and use the available water, if any.
Contractor shall have to test the water at his own cost for its quality as drinking water or site use and report shall be
submitted to PMC (Planedge consultants Pvt. Ltd.)
4.13.2. In the event of water shortage, OR IF the bore well water is inadequate or unsuitable for construction or any other purpose;
the Contractor shall procure water for construction by any means possible at his own cost. The Owner will not pay any extra
or reimburse any expenses on account of procurement of Water for construction or drinking and other utilization.
4.13.3. POWER: Power supply for construction will not be provided by the Owner at one point on chargeable basis. contractor will
have to submit the receipt of the Electric Bill Paid along with his RA Bill every month. No extra payment will be made to the
contractor by the owner against this receipt .In case of any additional load requirement, the Contractor shall arrange at his
own cost for temporary power connection from MSEB including all applications, permissions, Meter installation,
accessories, deposits, charges and expenses incurred in the process. MSEB billing for temporary power in the
construction period of the project shall be borne by the Contractor and shall not be reimbursed by the Owner. The
Civil contractor will also supply electrical power to the Owners’ office and other petty contractors, via sub meters purchased
by independent contractors, and will also collect any amount or dues from other contractors from time to time. The Owner
will not be responsible for payment of any dues by other contractors. On completion of the project contractor must surrender
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this temporary connection; clear all the dues and submit report to the Owner about satisfactory completion of formalities,
supported by due evidence.
4.13.4. If Diesel generated power supply is organized, the Contractor shall procure valid permissions from MSEB and all other
authorities for installation of the generator and diesel storage. A copy of such permissions shall have to be deposited with
the Owner. The Owner will not bear any responsibility, liability, or expense for such Power supply procurement or
generation.
4.13.5. The Civil works Contractor will provide illumination of the general areas and access roads within the site for proper
maintenance of security and movement of personnel. Prior to start of work the contractor is required to submit a detailed
lighting and movement plan which is to be duly approved by PMC. In case during the execution of works if the illumination is
not upto the mark the PMC may require the contractor to increase the illumination as required. All the costs of maintenance
of this lighting arrangement will be borne by the Contractor and will not be reimbursed.
4.14. VARIATION IN QUANTITIES OR SPECIFICATIONS:
4.14.1. A schedule of quantities and specifications has been included in the tender document. It shall be clearly and definitely
understood that the Owner/ consultants do NOT accept any responsibility for the correctness of estimation of the quantities.
The detailed working drawing including all the technical reports have been provided to the contractor; the contractor is
required to carry out estimation at his own risk and factor in any difference in quantities in his quote. At no point of time any
request for variation in quantity will be entertained. In case lack of clarity in drawings the contractor may request for
additional details prior to sending the bid. In case there are any changes in the drawing during the execution, which is of
significant impact, the contractor along with the PMC shall calculate the price impact of the same and get the same
approved prior to execution. At any point of time no variation shall be made by the Contractor in the specification of any
Item without prior written permission of the PMC (Planedge Consultants Pvt. Ltd)
4.14.2. The contractor is required to satisfy himself in regard to the estimate of the Project in all respects On satisfaction by the
contractor in terms of the estimate, the contractor is required to submit a lumsum quotation for the work. The estimated
quantities as provided in the BOQ are for reference only.
4.14.3. The main intention of creating a lumpsum tender is to avoid any changes in drawings details and further changes in project
cost. Changes of any nature will be resisted and avoided. Despite the same In case of any changes are required and
instructed by the owner which may lead to additional cost by the contractor; the same to be executed by the contractor only
after submission and approval of a change amount. In case the change is such that it leads to deduction of certain quantity
the contractor in conjunction with PMC (Planedge Consultants Pvt. Ltd) to agree upon an amount of deduction to be
effected in the contract value.
4.14.4. It should be explicitly understood no changes or modifications or variations from the drawings shall be done by
the contractor without written approval in all respects, such as technical, visual, and financial has been obtained.
4.15. BASIC RATES FOR QUOTATION
4.15.1. Contractors should note the Structural and Reinforcement Steel and Cement required for construction will NOT be supplied
by the Owner and Contractors shall have to procure Cement and Steel, from a list of approved brands and/or Vendors, at
their own cost in the course of construction. Both Cement and Steel procured have to be tested by a testing agency
approved by the PMC (Planedge Consultants Pvt. Ltd), whose services will be paid for by the Contractor. All steel and
cement on site is required to be approved by the PMC (Planedge Consultants Pvt. Ltd) / Structural Engineering Consultants
prior to use. If any steel or cement procured by the Contractor is not found to be satisfactory in terms of quality or fails to
achieve desired results in the tests, the same shall be rejected and the Contractor shall have to replace the entire lot at his
own cost and expense.
4.15.2. Quantity of Structural and Reinforcement Steel is separately listed in the Schedule of Item Quantities and Contractors
should include with the basic Material Cost all labour costs of cutting, binding, tying, welding and all such activities including
handling and working for all leads and lifts in their quotations. Cement cost, shall be included in the quoted rates of all
concrete and cement based items.
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4.15.3. The Owner, however, reserves absolute right to supply Cement, Steel or any other material at its discretion, in the event of
which, the cost of the same will be deducted by the Owner from the Contractor’s running bill at the basic rate. In this case,
testing of the material will be in the scope of the contractor. In no case will the testing be in the scope of Client.
4.15.4. For the purpose of quotation, the Basic rates of Cement and Steel exclusive of GST but inclusive of transport, other taxes
and levies, loading and unloading on the project site, shall be as follows
4.15.4.1. Cement (43 /53 grade OPC or PPC) :Rs. 250/- per 50 kg bag + GST @ 28%
4.15.4.2. Assorted dia. Reinforcement Steel FE500 :Rs. 37,000/- per metric tonne + GST @ 18%
Note: 1. In case of RMC, the actual cement compensation on the basis of batch mixing report will be considered for
compensation for cement on the basis of basic rates as finalized by the Owner/PMCs. 2. Approved brand for Cement are Birla Super and Vasavadatta. 3. Approved brand for reinforcement steel are Bhuleshwar, Pollad, Rajori and Kallika.
4.15.5. In the event of any Increase in the local market prices of the Cement and Steel beyond the basic rates mentioned above
and the Contactor has adequately displayed non availability of material at the above mentioned basic rates, the Owner shall
reimburse only the difference in the "Average Basic Rate" to the Contractor. This reimbursement shall, however, be subject
to submission of all Original Material and Transportation Bills of procurement, invoices, original challans of delivery duly
accepted and signed by the PMC (Planedge Consultants Pvt. Ltd) on site, receipts of Octroi payment, if any, test certificates
and all such documents as may be required to indisputably establish the difference in procurement cost. This settlement of
differential amount shall be accounted for on every 6 monthly basis during the period of execution.
4.15.6. In the event of any Decrease in the local market prices of the Cement and Steel below the basic rates mentioned above
and the Contactor jointly agreed with the PMC and the Owner, the Owner shall deduct only the difference in the "Average
Basic Rate" to the Contractor. This deduction shall, however, be subject to joint certification and acceptance of the market
rate of the materials. This settlement of differential amount shall be accounted for on every 6 monthly basis during the
period of execution
4.15.7. For the calculation of the average basic cost it must be understood that this will be the overall average rate of the material
procured by the contractor. This can be arrived at by simply dividing the cost of procurement of material (including,
transportation and Octroi) by the total quantity of material received on site. The Owner also reserves the right to direct the
Contractor to procure any specific Brand or make of Cement and Steel from any specific vendor or supplier at a negotiated
price.
4.15.8. The Contractor shall purchase and procure Cement and Steel ONLY of approved Brands, from approved sources and at
approved rates. A proper system of obtaining quotations for approval by the Owner / PMC (Planedge Consultants Pvt. Ltd)
shall be evolved so that there is no delay in procurement of the materials. The Contractor shall inform the Owner / PMC
(Planedge Consultants Pvt. Ltd) at least 30 days in advance, the quantity of Steel and Cement that will be required, so that
quotations can be called and approval can be given for purchase. A statement of month wise requirement of Cement and
Steel shall provide by the Contractor.
4.15.9. In case of any other materials, wherein the Owner selection differs from the contractor assumption, the same to be
presented by the contractor prior to execution with a detailed rate analysis, if justified and approved by the PMC (Planedge
Consultants Pvt. Ltd)the difference in the material cost will be paid at extra. It should be clearly understood any such claim
shall be entertained only prior to execution. No such claim will be acceptable after execution of the said item.
4.16. SUB- CONTRACTORS:
4.16.1. The Contract, or any part thereof, shall NOT be sublet without the written permission of the PMC (Planedge Consultants
Pvt. Ltd) Approval shall also be obtained from PMC (Planedge Consultants Pvt. Ltd) before, employing, engaging or hiring
for use within the Owner premises, any heavy machinery, earth moving equipment, rock cutting and drilling equipment from
outside agencies. The Owner, however, reserves the right to appoint and engage different agencies for different purposes
on the site during the course of construction and the Contractor shall be bound to extend co-operation and support for the
operations of any such agency.
4.17. STORAGE OF MATERIAL:
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All materials required for the work shall be unloaded, stacked properly and stored on the project site during the period of
work, if required the contractor will at his own expense make additional arrangements for storage of material outside the
project Premises. The Contractor should take into consideration the protection of all material at his own cost, and the Owner
shall not be liable for the loss or damage of any material at any time. No material brought on site shall be permitted to be
removed or carried away without written permission of the PMC (Planedge Consultants Pvt. Ltd). Particular care shall be
taken to preserve and protect all materials from sun, rain, rodents and any other destructive agency.
4.18. CONTRACT DOCUMENTS:
The contractor shall abide by all the terms and conditions as mentioned in this tender document. The contract documents
shall be defined as the followed documents together:
4.18.1. Agreed and signed Articles of Agreement
4.18.2. Priced BOQ
4.18.3. Any written instructions given to Contractor prior to start of work
4.18.4. Final Drawings and Specifications
4.18.5. Amendments and annexure after pre bid meeting
4.18.6. MOM of Pre bid meeting
4.18.7. The Tender Document including all its annexures
The contract documents will be said to comprise of above, in the same sequence of listing. In case there is any point of
difference among the documents the one listed earlier will supersede lower. But in all circumstances the decision of the
PMC (Planedge Consultants Pvt Ltd.) will be final and binding on all.
4.19. VALIDITY OF RATES:
4.19.1. The accepted rates in the Contract shall remain valid and effective over the complete period of the project upto its final
completion, including extended periods, if any, upto a minimum period of One year, irrespective of the period of time
originally stipulated for execution of the Contract. Contractors are advised to take into account any fluctuations in the market
that may occur in this period while quoting the rates if any.
4.19.2. The Owner will NOT be responsible for any error of judgment in respect of wrong quotation by the Contractor, and
any loss suffered by the Contractor as a result of incorrect judgment in quotation of rates will NOT be
compensated by the Owner.
4.20. TESTING OF MATERIAL AND EXECUTED WORK
In addition to the cost and expense of setting up of a well-equipped material and controlled concrete mix testing facility on
the site, the Contractor shall INCLUDE in the quotation of Rates all costs for testing and obtaining certification of building
materials as well as of executed work, as per IS standards, from officially authorized agencies. Cement Concrete Test
Cubes and Steel samples shall be periodically tested and got certified from approved agencies / laboratories, at the
contractors cost and expense. The costs and expense of setting up of the required facilities and carrying out such tests
shall be deemed to be included in the rates quoted by the contractor, and NO extras or reimbursements shall be paid. It
shall be responsibility of the contractor to arrange for testing and test reports of all material used on site and also
giving the checking of all work arranged on site will be the responsibility of the contractor. Some tests as may not
be required as per the IS codes but may be instructed by the PMC to ensure workmanship and quality.
In case the material is supplied by Client, the testing will be in contractor scope.
4.21. PROJECT MANAGEMENT AND PROGRESS MONITORING:
4.21.1. The contractor shall maintain and be represented on the site at all times by a responsible and efficient English, Hindi and
Marathi speaking Engineer who thoroughly understands all trades involved in construction and allied activities. The PMC
(Planedge Consultants Pvt. Ltd) reserve the right to have the site Engineer and any workman who, in their opinion, are not
sufficiently skilled or who neglect, or refuse to obey instructions, removed from the project site and duly replaced.
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4.21.2. The Contractor shall in addition to the project Engineer, engage sufficient qualified supervisors for proper and adequate
supervision at site, and ensure that they are available at work site for necessary instructions from the PMC.
4.21.3. The Contractor shall submit within Eight Days from the signing of this Contract,
4.21.3.1. Proposed Project Block Schedule
4.21.3.2. Proposed site layout and systems of work
4.21.3.3. Proposed site resources that shall be mobilized by the contractor for the Project, including a detailed list of
machinery, engineering personnel, labour etc.
4.21.3.4. Organization structure allocated for the Project along with their names, qualifications, designation and scope of
work, function and responsibilities.
4.21.3.5. Tentative cash flow of the Project
4.21.4. Fifteen days from award of this Contract, detailed Micro schedule of construction activity shall be submitted by the
Contractor to the PMC (Planedge Consultant Pvt. Ltd) for approval and the same shall be monitored on weekly basis. The
approved schedule shall be strictly adhered up to final completion. Under no circumstances shall the submission of this
schedule be construed as a request for material, or approval on the part of owner or PMC (Planedge Consultant Pvt. Ltd) as
stipulated in earlier clauses. Individual written request shall be made separately. (Refer 4.18.6, 4.18.7)
4.21.5. The Contractor shall have to submit to the PMC (Planedge Consultants Pvt. Ltd) a monthly Cash-Flow statement of funds
required for completing the work on time. The contractor shall also submit a weekly report to the Owner and the PMC
(Planedge Consultants Pvt. Ltd) specifying and recording the periodic progress of the work
4.21.6. Labour hutment will be permitted only in a limited area outside the project construction site as approved by the PMC
(Planedge Consultants Pvt. Ltd) This shall be removed from the site on completion of the work prior to handover. This site
for labour camp will be sourced by the Contractor and got approved from the Owner. All payments if any and maintenance
on site will be paid for by the Contractor. Labour hutments and facilities will be specifically as per the guidelines of CREDAI
and other government body guidelines.
4.22. MAINTAINANCE OF RECORDS AND OTHER RESPONSIBILITIES:
4.22.1. The Contractor shall maintain at his own cost and expense an efficient site office with proper records of all activities and
materials. Amongst other essential records, it shall be mandatory to maintain a Measurement Book (MB), Materials
procurement and consumption register, Labour deployment register, and a Triplicate Book for recording Instructions and
decisions taken on site. The Contractor shall also separately record and circulate minutes of all meetings held on site. A
daily activity register, programme schedule / Bar Chart and all Architectural and Structural Drawings issued shall be kept
available for reference in the site office at all times. At least One Senior or One Junior Engineer shall be available on the
work site at all times, when work is in progress.
4.22.2. A weekly review meeting for every week shall be held on site on a predefined day and time. The day and time of such
meetings will be decided by the PMC (Planedge Consultants Pvt. Ltd) Contractor shall ensure his personnel to be
present to each and every review meetings held on site. In addition, every fortnightly a director level meeting will be
conducted between the Owner, PMC (Planedge Consultants Pvt. Ltd) and signing authority of the contractor.
4.22.3. The Contractor shall be similarly required to prepare Bar bending schedules and get them approved from the Structural
Consultant or PMC (Planedge Consultants Pvt. Ltd) prior to execution.
4.22.4. The Contractor is also required to obtain approval from the PMC (Planedge Consultants Pvt. Ltd) on the project site for
specimens all works being executed.
4.22.5. All materials brought to the project site by the contractor shall be get approved from the PMC (Planedge Consultant Pvt.
Ltd). It should be noted that the material brought to the project site by the contractor shall not be taken outside of the
project site without approval from PMC (Planedge Consultant Pvt. Ltd). Furthermore it should be noted that any plant
machinery, tools, tackles, shuttering material etc. Brought by the contractor for the purpose of execution shall not be
taken out of the site without the approval and permission of the PMC (Planedge consultants Pvt. Ltd.)
4.22.6. On a daily basis the Contractor is required to maintain and submit the following to the PMC (Planedge consultants Pvt. Ltd.)
4.22.6.1. Daily report in approved format consisting of:
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4.22.6.1.1. Volume of work completed
4.22.6.1.2. Material consumption report
4.22.6.1.3. Material received record
4.22.6.1.4. Daily manpower record
4.22.6.1.5. Daily instruction record
4.22.6.2. A detailed instruction book for the consultant visits
4.22.6.3. Material and work check reports
4.22.6.4. Pour cards
4.22.6.5. Cube testing register
4.22.6.6. Dairy of events and any other documents that may be required for monitoring of the Project.
4.23. INCOME TAX DEDUCTION:
47.24.1 Any taxes and levies, including Income tax required by the governmental authority to be deducted at source will be so
deducted from every bill as per rules and regulation in force. Proper certificate of the same will be provided to the
contractor.
4.24. MISCELLANEOUS CONDITIONS AND STIPULATIONS:
4.24.1. During the entire course of this Contract, the Owner is, and shall remain, in continuous and uninterrupted possession of the
project site at all times. This Contract agreement shall only permit the Contractor to work on the project site during the
Contract period, with temporary and revocable consent of the Owner, upto the completion of the specific assignment. At no
time shall the Contractor engage in any activity on the site other than that specified in the Contract agreement. No visitors
shall be permitted on the project site without prior permission or proper authorization from owner / PMC (Planedge
Consultant Pvt. Ltd).
4.24.2. Superior Quality of Workmanship, Economy in Time and Cost, Precision, Accuracy, and Efficiency of operations in the
assigned work shall cumulatively be the guiding factors and objectives set for the Contractor. The Contractor shall be
presumed to have taken these factors into consideration while quoting the item rates by including any anticipated expenses
and making provision for contingencies in order to achieve the set objectives. Particular emphasis, however, is laid on
overall QUALITY of the work.
4.24.3. NO Escalation of any kind or in any manner shall be payable on any account.
4.24.4. These Special Instructions and Conditions of Tender shall form part of the Contract document along with the annexed
schedule of quantities, Articles of Agreement, Specifications and Drawings.
4.24.5. These Instructions and special conditions of Tender shall supersede and prevail over any corresponding or contradictory
terms and conditions anywhere in this document.
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5 GENERAL CONDITIONS OF CONTRACT
5.1 DEFINITIONS
In the Contract, as defined below, unless the context otherwise indicates or requires, the following words and expressions shall
have the meaning ascribed to them below:
5.1.1 “Access Route” means any route specifically provided for the movement of vehicles to the site and within the site including the
routes to storage godowns and other unloading area. In general a route will be demarcated for any vehicle to reach to the farthest
corner of the project site.
5.1.2 “PMC” means M/s Planedge Consultants Pvt. Ltd., a company incorporated in India and having its registered office at Planedge
House, CTS no. 504, Jawaharlal Nehru road, Nana Peth, Pune 411002, India, along with its permitted assigns and legal
successors in title, who is authorized by the Owner to perform the functions more particularly set out and described in the
Schedule of Delegated Responsibilities.
5.1.3 “Bill of Quantities” means the preamble and schedule of rates and quantities in respect of the Re-measurable Works included in
Annexure.
5.1.4 “Camp Site” means the site or sites set aside for the housing of the Contractor’s personnel in or around Project site at “Sus
Gaon, Pune”.
5.1.5 “Change” means an instruction of the Owners requiring the alteration, amendment, omission, addition to or which otherwise
varies the scope of Works.
5.1.6 “Change Order” means a document authorizing or instructing a Change issued
5.1.7 “Change Procedure” means the procedural and administrative requirements relating to the proposals for, the approval and
instruction of Changes
5.1.8 “Commencement Date” means the date fifteen (15) days after the date on which the Letter of Intent is signed and issued by the
Owner or date on which the articles of agreement is signed or the date on contractor starts work on site. Whichever is earlier.
5.1.9 “Completion Procedures” means the procedures and requirements relating to the testing and completion of the Works.
5.1.10 “Confidential Information” means any and all data, reports, records, correspondence, notes, compilations, studies and other
information disclosed directly or indirectly by the Owners or any Affiliate or any of its or their representatives, partners, agents,
consultants, sub-contractors or advisors relating to or in any way connected with the Owners or any Affiliate or any of their
business activities actual or proposed including, without limitation, the Project and the Contract, whether such information is
disclosed orally, in writing, in machine readable form or by other means and shall also extend to any and all data, reports,
records, correspondence, notes, compilations, studies and other information prepared or procured by the Contractor in
connection with its obligations under the Contract.
5.1.11 “Construction Equipment” means all appliances including tools and tackles or things of whatsoever nature provided by the Works
Contractors for the purpose of carrying out the Works but not for permanent incorporation in the Works.
5.1.12 “Contract” means the Agreement, these Conditions, the Schedules and the other documents of the Agreement.
5.1.13 “Contract Procedures” means the document setting forth the procedures for the Project.
5.1.14 “Contract Price” means the sum of all costs payable to the Contractor for the execution of the Work as may be adjusted or altered
from time to time in accordance with the Contract.
5.1.15 “Contract Schedule” means the overall schedule of completion of works as agreed by the contractor at the time of
commencement.
5.1.16 “Contract Specifications” means the document setting forth the specifications for the Work and which is annexed to the Heads of
Agreement.
5.1.17 “Cost” means the amount of any reasonable cost and expense incurred by the Contractor including overheads but not profit.
5.1.18 “Exceptional Weather Conditions” means weather conditions where:
5.1.18.1 The average rainfall in any 24 hours period is in excess of 125 mm;
5.1.18.2 or the average wind speed in any 4 hour period is in excess of 80kmph.
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as recorded by the Pune Metrological Department, and where such conditions do not normally prevail at that time of year at the
relevant location and accordingly could not have been avoided or guarded against by the affected Party, by application of Good
Industry Practice.
5.1.19 “Final Acceptance Certificate” means the certificate issued by the PMC to the Contractor indicating the completion of work in
acceptable state.
5.1.20 “Final Payment Certificate” means the certificate issued by the PMC to the Contractor in accordance as a certificate for release of
final payment.
5.1.21 “Force Majeure” has the meaning as mentioned in the subsequent clause. But in general it means situation wherein execution of
work is not possible and this situation is out of any human control.
5.1.22 “General Conditions” means these conditions of the contract.
5.1.23 “Good Industry Practice” means the skill, care and diligence of a contractor seeking in good faith to perform his contractual
obligations and in so doing and in the general conduct of its undertakings exercising the degree of skill, diligence, prudence and
foresight which would reasonably and ordinarily be exercised by a skilled and experienced international developer and/or
operator in relation to its practices, methods, techniques and standards (as modified or adapted from time to time), complying
with Statutory Requirements and engaged in the same type of undertaking under the same or similar circumstances and
conditions to the Work.
5.1.24 “Governmental Authority” means any publicly constituted authority of the government (whether national, local or supra-national)
of the Republic of India or any state thereof and any sub-division thereof claiming, having or exercising jurisdiction or control over
the Owner, the Contractor, the Site or any access route or any part of the Work including entities controlled by such government
and any court, executive, council (state, district or village), department, inspectorate, ministry, municipality, legislative, judicial or
regulatory body, statutory bodies or any official thereof.
5.1.25 “Heads of Agreement” means the agreement signed by the Owner and the Contractor and to which these General Conditions are
annexed.
5.1.26 “Insolvency Event” means in relation to a Party (the “Affected Person”) any one of the following events:
such Affected Person is (or is, or could be, deemed by law or a court to be) insolvent or unable to pay its debts (provided that for
these purposes the reference in Section 434 of the Companies Act 1956 to Rupees 500 shall be read as a reference to Rupees
10,00,000), stops, suspends or threatens to stop or suspend payment of all or any material part of its indebtedness, begins
negotiations or take any other step with a view to deferral, re-scheduling or other re-adjustment of all or a material part of its
indebtedness (excluding any re-financing under the finance arrangements for its facilities), proposes or makes a general
assignment or arrangement or composition with or for the benefit of creditors or a moratorium is agreed or declared in respect of
or affecting all or a material part of its indebtedness;
a petition for the winding-up of the Affected Person is heard for admission and admitted by a court of competent jurisdiction;
a resolution is passed by the Affected Person or the shareholders or Affected Person for the winding-up of the Affected Person
(including by way of a members’ or creditors’ voluntary winding-up) or for the convening of a meeting of the creditors to consider
a resolution of the creditors for winding up of the Affected Person;
(Without limitation to (b) and (c) above) any step is taken by any person with a view to the dissolution, winding-up, bankruptcy,
insolvency, liquidation, amalgamation, reconstruction, re-organization, merger or consolidation of the Affected Person or any
equivalent or analogous procedure under the Statutory Requirements:
The Affected Person sells all or substantially all of its assets.
5.1.27 “Intellectual Property Rights” means:
a Patents, trademarks, service marks, rights in designs, technological know-how, trade names, copyrights and topography
rights, in each case whether restricted or not;
b Applications for registration of any of those items specified in paragraph (a) above;
c Rights under licenses and consents in relation to any of those items specified in paragraph (a) above;
5.1.27.1 All forms of protection of a similar nature or having equivalent or similar effect to any of them which may subsist anywhere in
the world.
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5.1.28 “Key Personnel” means those individuals engaged by the Contractor as responsible and accountable members of the
organization
5.1.29 “Materials” means any materials, supplies and other items incorporated or intended to be incorporated in the Work which is
supplied by the Contractor.
5.1.30 “Owner” means “ M/s. Thanish Construction LLP”, its successors and assigns along with its directors, officers, employees,
workmen, representatives and agents.
5.1.31 “Owner’s Equipment” means equipment, machinery, apparatus, materials, articles, and things of all kinds provided by the Owner
and issued to the Contractor for the purpose of executing the Work.
5.1.32 “Owner’s Permits” means the licenses, easements, approvals and permits required for the construction of the Work obtained or to
be obtained by the Owner.
5.1.33 “Owner’s Representative” [Clerk of work] means the person to be appointed by the Owner to exercise certain rights and functions
of the Owner under the Contract; herein the Owner Representative will be deemed to be PMC personnel on site.
5.1.34 “Parties” means the Owner and the Contractor and “Party” shall mean each of them as the context requires.
5.1.35 “Provisional Acceptance” means the provisional acceptance of the Work by the PMC.
5.1.36 “Certificate of Virtual Completion” means the certificate issued by the Owner when Provisional Acceptance has been achieved.
5.1.37 “Rely Upon” Information means the information so described in the Contract Specification.
5.1.38 “Schedule of Defects” means a list of items of incomplete or defective work to be issued by the Owner upon Provisional
Acceptance and to be completed by the Contractor during the Defects Liability Period as a condition of Final Acceptance.
5.1.39 “Schedule of Delegated Responsibilities” shall mean the responsibilities delegated to the Architect.
5.1.40 “Statutory Requirements” means all national, regional and local laws, codes, statutes, treaties, rules and regulations in or of or
pertaining to the Republic of India or the State of Maharashtra having legally binding effect, and all orders, rules, directions,
judicial or administrative decrees, notifications or interpretations which are customarily treated in the Republic of India or the
State of Maharashtra as having legally binding effect, including the Permits.
5.1.41 “Sub-Contract” means any contract, including but not limited to purchase orders, entered into between the Contractor and a Sub-
Contractor or Sub-Contractors in relation to carrying out any part of the Work.
5.1.42 “Sub-Contractor” means any person or company of any tier having a contract with the Contractor or with any other Sub-
Contractor of any tier in relation to the carrying out of any part of the Work.
5.1.43 “Taxes” means all taxes, levies, duties, cesses, royalties, penalties, charges, fines, interest, withholdings and imposts, or any
similar charges or levies imposed by any Governmental Authority within the Republic of India from time to time including but not
limited to GST, works contract tax.
5.1.44 “Temporary Work” means all temporary works of every kind required in or about the execution of the Work.
5.1.45 “Time for Completion” means the total time period proposed to reach from the date of completion to final completion of the
project.
5.1.46 “Defects Liability Period” means a period of twelve (12) months commencing on the date of the final bill Certificate issued by
PMC. For water proofing works it is Thirty Six (36) months commencing on the date of the final bill Certificate issued by PMC
5.1.47 “Contractor” means the person named as the Contractor in the Heads of Agreement along with the successors and permitted
assignees of the Contractor and, if the Contractor is a joint venture or an association of persons, shall include each member
thereof.
5.1.48 “Contractor’s Documents” means any drawing, plans, designs, programs, diagrams, specifications, technical data, software,
models, reports, calculations or other documents or recorded information whatsoever prepared for and/or in connection with the
design and construction of the Work by the Contractor.
5.1.49 “Contractor's Equipment” means all appliances, equipment, tools and tackles or things of whatsoever nature required for the
purposes of carrying out the Work at the Site but not including the Owner’s Equipment, or other things not intended for
permanent incorporation in the Work.
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5.1.50 “Contractor’s Personnel” means all personnel whom the Contractor utilizes on Site, who may include the staff, labour and other
employees of the Contractor and each Sub-Contractor and any other personnel assisting the Contractor in the execution of the
Work.
5.1.51 “Contractor’s Permits” means all licenses, easements, approvals and permits which are required for the construction of the Work
except the Owner’s Permits.
5.1.52 INDEPENDENT Contractor: it represents that it is fully experienced, properly qualified, registered, licensed, equipped, organized,
and financed to perform the Work under the Contract. Neither the Contract nor the performance by the Parties of their respective
obligations hereunder shall constitute a partnership, joint venture, or an association of persons between the Owner and the
Contractor. None of the Parties hereto shall have any authority to bind the other save as expressly authorized in this Contract or
agreed in writing between the Parties from time to time. Nothing contained in the Contract or any Sub-Contract, awarded by the
Contractor shall create any contractual relationship between any Sub-Contractor and the Owner.
5.2 AUTHORIZED REPRESENTATIVES
5.2.1 Before commencing the Work, the Contractor shall designate in writing an authorized qualified and competent representative
acceptable to the Owner to represent and act on behalf of the Contracting firm. It is mandatory that this person as authorized by
the contractor has all the decision making authority in all respects.
5.2.2 The Owner shall assign duties and delegate authority to the PMC(Planedge Consultants Pvt. Ltd.) and may also revoke such
assignment or delegation. The Contractor shall be obliged to comply with any written comments or requirements of the
PMC(Planedge Consultants Pvt. Ltd.) as if they were the comments or requirements of the Owner.
5.2.3 The Owner may wish to appoint a replacement architect, whereupon the Owner shall give the Contractor not less than fourteen
(14) days’ notice of the replacement’s name, address, duties and authority, and of the date of appointment.
5.2.4 The Owner may appoint an Owner’s Representative to act on his behalf under the Contract. In this event he shall give notice to
the Contractor of the name, address, duties and authority of the Owner’s Representative. The Owner’s Representative shall
carry out the duties assigned to him and shall exercise the authority delegated to him by the Owner. If the Owner wishes to
replace any person appointed as the Owner’s Representative, the Owner shall give the Contractor not less than fourteen (14)
days’ notice of the replacement’s name, address, duties and authority and of the date of appointment. For all practical reasons
the PMC (Planedge Consultants Pvt. Ltd.) to be considered as the Owner’s Representative, unless otherwise is explicitly
specified and stated by the Owner.
5.3 NOTICES
5.3.1 Any notices provided for under the Contract shall be in writing and may be served either personally on the authorized
representative of the receiving party at the Site or by registered mail to the address of that party as shown on the face of the
Heads of Agreement or to such address as may have been changed by written notice.
5.3.1.1 The notices shall be deemed to have been received:
5.3.1.1.1 In case of delivery by hand, at the time of delivery at the address of the relevant party;
5.3.1.1.2 In the case of registered post (in the absence of evidence of earlier receipt) to have been delivered ten (10) days after
dispatch.
5.4 CONTRACT INTERPRETATION
5.4.1 In the Contract Documents unless the context otherwise requires:
Words importing the singular shall include the plural and vice versa;
Words importing gender shall include any gender;
Words importing a person shall include a firm and any entity having legal capacity;
The headings in the Contract are inserted for convenience of reference only and shall not be taken into consideration in the
interpretation or construction of the Contract;
any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative
and the words following any of those terms shall not limit the sense of the words preceding those terms; and
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Reference to any document or agreement shall be construed as a reference to the same as it may have been, or may from time
to time be, amended or modified.
5.4.2 If any term in or provision of the Contract shall be held to be illegal, void or unenforceable in whole or in part under any
enactment of law the term or provision shall to that extent be deemed not to form part of the Contract and the enforceability of the
remainder of the Contract shall not be affected.
5.4.3 In the event that any portion or all of the Contract is held to be illegal, void or unenforceable, the Parties agree to negotiate in
good faith to reach an equitable agreement which shall give effect to the intention of the Parties as set out in the Contract.
5.4.4 The provisions of the Contract which by their nature are intended to survive the termination, cancellation, completion or expiration
of the Contract, including but not limited to any express limitations of or release from liability, shall continue as valid and
enforceable obligations of the Parties notwithstanding any such termination, cancellation, completion or expiration.
5.4.5 If the Contractor constitutes (under applicable laws) a consortium, joint venture, association of persons or other unincorporated
grouping of two or more persons:
5.4.5.1.1 These persons shall be deemed to be jointly and severally liable to the Owner for the performance of the Work;
5.4.5.1.2 These persons shall notify the Owner of their leader who shall have authority to bind the Contractor and each of these
persons; and the Contractor shall not alter its composition or legal status without the prior written consent of the Owner.
5.5 ORDER OF PRECEDENCE
5.5.1 The Contract Documents shall be taken to be mutually explanatory of one another. Insofar as there is any discrepancy,
ambiguity, divergence, inconsistency or omission from or in or between any of the Contract Documents they shall take
precedence in the following order:
5.5.1.1.1 .Agreed and signed Articles of Agreement
5.5.1.1.2 Priced BOQ
5.5.1.1.3 Any written instructions given to Contractor prior to start of work
5.5.1.1.4 Final Drawings and Specifications
5.5.1.1.5 Amendments and annexure after pre bid meeting
5.5.1.1.6 MOM of Pre bid meeting
5.5.1.1.7 The Tender Document including all its annexures
5.5.2 All questions concerning the interpretation or clarification of the Contract, including the discovery of conflicts, errors or omissions
in or between the terms or provisions of the Contract shall be immediately submitted in writing to the PMC (Planedge Consultants
Pvt. Ltd.) for resolution. All determinations, instructions, and clarifications of the PMC (Planedge Consultants Pvt. Ltd.) in relation
thereto shall be final and conclusive. The Contractor shall proceed with the Work in accordance with the determinations,
instructions, and clarifications of the PMC (Planedge Consultants Pvt. Ltd.). The Contractor shall be solely responsible for
requesting instructions in relation to the interpretation or clarification of the Contract and shall be solely liable for any costs and
expenses arising from its failure to do so. A failure by the Contractor's to object to the PMC’s (Planedge Consultants Pvt. Ltd.)
determinations, instructions, clarifications or decisions within seven (7) calendar days after receipt thereof shall constitute a
waiver by the Contractor of all its right to so object.
5.6 LAWS AND REGULATIONS
5.6.1 The Contractor shall in all matters arising in the performance of the Contract observe and abide by the Statutory Requirements in
connection with the Work including but not limited to the following acts of the state and amendments thereof:
5.6.1.1 Contract Labour (Regulation & Abolition) Act;
5.6.1.2 Payment of Wages Act;
5.6.1.3 Minimum Wages Act;
5.6.1.4 Employer’s Liability Act;
5.6.1.5 Workman’s Compensation Act;
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5.6.1.6 Environment Protection Act.
5.6.1.7 Arbitration Act
5.6.1.8 BOCW act 1996
5.6.1.9 Guidelines and instructions as issued by CREDAI from time to time
5.6.2 The Contract and all applicable Statutory Requirements in force on the Effective Date shall be taken to be mutually explanatory.
The Contractor shall be deemed to have satisfied himself as to all Statutory Requirements relating to the Work on the Effective
Date.
5.6.3 The Contractor shall indemnify (and keep indemnified), protect, defend and hold harmless the Owner and its Affiliates from and
against all actions, proceedings, claims and demands brought or made and all losses, damages, cost, expenses, liabilities,
settlements and judgments incurred, suffered or arising as a result of a failure by the Contractor to comply with the Statutory
Requirements.
5.6.4 After the Effective Date, upon the occurrence of any of the following:
5.6.4.1 The enactment of any new Statutory Requirements;
5.6.4.2 The modification or repeat of any existing Statutory Requirements;
5.6.4.3 The commencement of any Statutory Requirements which were not in full force and effect at the Effective Date except to
the extent such Statutory Requirements were enacted prior to the Effective Date with a start date after the Effective Date
and such Statutory Requirements take effect on that start date without material amendment; or
5.6.4.4 A change in the interpretation or application of any Statutory Requirements by judicial or other authority (including a court,
tribunal or any other Governmental Authority having the authority to interpret or apply the Statutory Requirements or any
interpretation of any Statutory Requirements by such authority which is contrary to the existing officially published opinion
or guidance;
Which has a direct and material effect on the performance of the Work and such event has not been caused due to the fault or
negligence of the Contractor, either Party may notify the other in writing setting out the new or modified Statutory Requirement and
the material effect the same has on the provision of the Work.
To the extent that the effect of the events in clause 5.6.4. is the imposition of or a change in any Taxes payable by the Contractor, its
Sub-Contractors, their employees or agents or for which any of them is obliged to account it shall be borne solely by the Contractor at
no cost to the Owner.
5.7 TAXES
5.7.1 Except as otherwise specified hereunder, the Contractor shall pay any and all Taxes in connection with the Work. The
Contractor shall be liable for and shall indemnify (and keep indemnified), protect, defend and hold harmless the Owner and their
Affiliates from and against all actions, proceedings, claims and demands brought or made and all losses, damages, cost,
expenses, liabilities, settlements and judgments from and against any and all Taxes which should properly have been levied
against the Contractor in connection with the Work.
5.7.2 The contractor will have to submit a copy of the paid GST certificate/challans on quarterly basis.
5.7.3 The Owner shall withhold or deduct from payments due to the Contractor under this Contract or the Owner may separately
invoice or deduct from payments otherwise due to the Contractor all Taxes in consequence of the execution of the Work or in
relation thereto or in connection therewith as the Owner may be required to withhold or deduct under the Statutory Requirements.
5.7.4 All royalties shall be paid by the Contractor, as also all tolls, local and other taxes essential for execution of the work, Including
but not limited to the Works Contract tax, GST etc. as may be applicable during the period of construction. The Owner shall not
bear any liability or responsibility in this respect and no additional payment shall be made by the Owner towards any taxes.
Contractors should note that it shall be presumed in the evaluation of tenders that the amounts quoted by the
Contractor are EXCLUSIVE of GST as applicable.
5.8 CONTRACTOR’S OBLIGATIONS
5.8.1 The Contractor shall:
Execute and complete the Work in accordance with the Contract and shall remedy any defect in the Work;
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Perform his obligations under the Contract in accordance with Good Industry Practice.
The Work shall include any work necessary to satisfy the Contract drawing and Specification and all works which (although
not mentioned in the Contract) are necessary for the stability or for the completion or safe and proper operation of the
Work. When completed the Work shall be fit for the purposes for which the Work is intended as defined in the Contract.
Contractor’s Superintendence: Throughout the execution of the Work and as long thereafter as is necessary to fulfill the
Contractor’s obligations, the Contractor shall provide all necessary superintendence to plan, arrange, direct, manage,
inspect and test the Work. Superintendence shall be given by a sufficient number of persons having adequate knowledge
of the English, Hindi and Marathi language and of the operations to be carried out (including the methods and techniques
required, the hazards likely to be encountered and methods of preventing accidents), for the satisfactory and safe
execution of the Work.
5.9 LABOUR, PERSONNEL AND WORK RULES
5.9.1 The Contractor:
Shall employ only appropriately qualified, competent and skilled Contractor’s Personnel experienced in their respective
trades or occupations to perform the Work and shall remove from the Site any Contractor’s Personnel determined by the
Owner to be incompetent or unfit or to be acting in violation of any provision of the Contract;
Shall maintain minimum labour strength per building on site at any time as follows : o For RCC Works
a. Carpenter – 15 b. Carpenter Helper – 15 c. Fitter – 10 d. Fitter Helper – 10 e. Male coolie – 20 f. Female coolie – 10
o For Block work
a. Mason – 15 b. Helper – 15 c. Male coolie – 20 d. Female coolie – 10
o For Plaster
a. Mason – 15 b. Helper – 15 c. Male coolie – 20 d. Female coolie – 10
o For Gypsum
a. Skilled – 15 b. Helper – 15
o For all the works – minimum labour strength to be maintained will be 130 nos. at any time with minimum 50% skilled labour.
Is responsible for the maintenance of good industrial, labour and local community relations in such a manner that there is
harmony among workers;
Shall comply with and enforce Site procedures, regulations and work rules established by the Owner [and specified in the
Contract Procedures]; and
All traveling expenses, including the provision of all necessary transport to and from Site, of the Contractor's Personnel
shall be the sole responsibility of the Contractor.
In the event that the Contractor’s Personnel cause any disturbance, organize any demonstration, strike, sit-in or picket on
or about the Site or the offices of the Owner and/or Contractor, the Contractor shall forthwith remove such Contractor’s
Personnel. The Owner may without prejudice to its other rights take any steps for the removal of such obstruction as they
may desire.
5.9.2 Facilities for Contractor’s Personnel
5.9.2.1 The Contractor shall:
At his own expense, provide proper personal protective equipment for all Contractor's Personnel to the satisfaction of the
Owner;
Enforce the use of such equipment by his Personnel.
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If the Contractor fails to provide such personal protective equipment such as Safety helmets, Safety nets, Safety belts,
gloves, shoes etc. determined by the Owner, the Owner may provide suitable protective equipment and the cost of such
protective equipment shall be deducted from amounts due or which may become due to the Contractor without prejudice to
the Owner’s other remedies contained herein.
The Contractor shall not permit any of the Contractor’s Personnel to maintain any temporary or permanent living quarters
within the structures forming part of the Works.
Rate of Wages and Conditions of Labour
o The Contractor shall pay rates of wages and observe conditions of labour which are not lower than those
established for the trade or industry where the Work is carried out. If no established rates or conditions are
applicable, the Contractor shall pay rates of wages and observe conditions which are not lower than the rates of
wages fixed by the Government of the State of Maharashtra under the Minimum Wages Act and any other
applicable laws. The Owner shall have the right to witness and verify that payments to any of the Contractor’s
Personnel are in accordance with the requirements.
o The Contractor shall fully comply with all the provisions of all relevant labour laws applicable to the Contractor’s
Personnel. The Contractor shall indemnify and hold harmless the Owner and its Affiliates from and against all
claims, liabilities, damages, penalties and demands arising out of the Contractor's non-compliance with any
provisions under such labour laws.
o If the Owner becomes liable to pay any wages or dues to the labour or to any Governmental Authority under any of
the provisions of the Minimum Wages Act, Workmen Compensation Act, Contract Labour (Regulation & Abolition)
Act or any other Statutory Requirements due to an act or omission by the Contractor, the Owner may make such
payments and the total amount of such payments shall be deducted from amounts due or which may become due
to the Contractor.
o The Contractor shall be responsible for and shall assume liability in respect of all claims for any retrenchment of
benefits and/or compensation for accidents, injuries and deaths on the Site which may occur in the course of
performing the Work by the Contractor’s Personnel.
5.9.3 Labour License & Labour Laws
5.9.3.1 Before commencing the Work, the Contractor shall obtain a license for the project from the relevant Governmental Authority
under the Contract Labour (Regulation & Abolition) and shall furnish a copy of the same to the Owner. The license for the
appropriate labour shall be valid until 6 (six) months after Provisional Acceptance.
5.9.3.2 The Contractor shall:
In all dealings with the Contractor's Personnel have regard to all recognized religions, customs and religious festivals and
days of rest;
Not employ or in any way utilize "bonded labour" or any persons on terms similar or analogous to the concept of "bonded
labour";
Not replace any Key Personnel without the consent of the Owner. Such consent not to be unreasonably withheld;
Remove and forthwith replace any members of the Contractor’s Personnel that the Owner for good reason wishes to have
removed. Any costs (including compensation) incurred in removing and/or replacing such Personnel shall be to the
Contractor’s account if the replacement is due to incompetence, noncompliance with the Site rules and regulations,
noncompliance with the Contract, reprehensible behavior or other good reason;
5.9.3.3 Ensure that no alcohol or drugs are allowed or consumed on Site and no Contractor’s Personnel shall be allowed on
Site if under the influence of alcohol or drugs. The Owner shall have the right to carry out testing for alcohol and drugs on a
random basis and at any time on the Contractor’s Personnel.
5.9.4 Provident Fund
5.9.4.1 The Contractor shall:
Strictly comply with the provisions of the Employees Provident Fund Act and shall register with the concerned Regional
Provident Fund Commissioner [“RPFC”] before commencing the Work;
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Deposit the ‘Employees’ & ‘Employers’ contributions in the designated account with the designated Governmental Authority
every month;
Furnish to the Owner along with the invoices, the receipt for the payment of the Provident Fund made to the RPFC for the
preceding months.
5.10 REGISTRATION OF CONTRACTOR
5.10.1 Before commencement of the Work, the Contractor shall have in place valid registration under the Works Contract Tax Act /
GST Act, BOCW Act, Provident Fund etc. for the relevant state where the Site is located. If, at the time of tender, such
registration is not available, then the same shall be arranged before any payment is made by the Owner under the
Contract.
5.11 QUANTITIES AND CONTRACT PRICES
5.11.1 Quantities: The quantities describing the Work as set out in the Price List, enclosed in the Contract, are those estimated by the
PMC (Planedge Consultants Pvt' Ltd.) at the time of awarding the Contract and they shall not to be taken as binding upon the
Owner nor shall the Contractor be entitled to claim any compensation or increase in the unit prices in the Price List whatsoever
for changes in the quantities during the duration of the Contract. This being a Lumsum tender the contractor is required to check
all the quantities thoroughly, and satisfy himself in all respects prior to submission of his bid.
5.11.2 Contract Price
5.11.2.1 In general the Contract Price will be the compensation agreed to be paid to the Contractor for execution of all activities
defined in the Scope of Work.
5.11.2.2 No payment shall be effected for amounts exceeding the Contract Price as fixed at the time Contract signing. Any amount
exceeding the Contract Price shall not be paid unless authorized in advance for the purpose of payment by way of an
official amendment to the Contract, signed in agreement by both Parties.
5.11.2.3 The Contractor shall be deemed to have examined all aspects and contingencies set out in the Contract in respect of the
provision of the Work and have fully satisfied himself as to the correctness and sufficiency of the Contract Price for the
carrying out and completion of all of its obligations under the Contract.
5.11.2.4 The Contract Price shall be deemed to cover the workmanlike execution of the Work, including the following, without
limitation: salaries and wages, travel allowances, bonuses, travel expenses, vacation, public holiday pay and allowances,
sick pay, medical expenses, insurances, the cost of supervision and support services, overheads, home office costs, all
applicable visas and permits, personnel transport, employee income tax and statutory payroll deductions, social security
charges, all Taxes, duties, depreciation, profit, accommodation, messing and transportation of Contractor’s employees and
any of its Sub-Contractor employees, the costs of providing facilities to the Owner, Goods, technical and professional
services, supervision, transportation, warehousing, services and facilities.
5.11.2.5 The Contractor acknowledges and shall take into account that the execution of the Work shall be subject to the
requirements of the Contract Schedule. To achieve the schedule it may be required that the execution be carried out in a
less convenient sequence for the Contractor in terms of methods and/or more demanding for the simultaneous parallel
activities, to ensure maximum work fronts being tackled.
5.11.2.6 The Contractor shall be fully responsible for his activities on Site and shall co-ordinate his own activities with those of other
third party contractors on Site. The Contractor shall be responsible for the consequences of any slow-down, inefficiency, or
disruption of whatsoever nature in the execution of his Work caused due to the interface of the Owner’s Equipment,
Contractor’s Equipment and the personnel and equipment of other third party contractors working on Site or in adjoining
areas. Such circumstances shall not relieve the Contractor from his obligations under the Contract nor shall he be entitled
to modify the Contract Schedule and to claim for compensation or indemnification in relation thereto.
5.11.2.7 The Contractor expressly waives any right to compensation or indemnification and shall not avail himself of any remedies
provided by the applicable law to cover any additional costs arising out of unforeseen conditions and shall assume all
related risks.
5.11.3 Final Contract Price
The Final Contract Price shall be made of:
5.11.3.1 The Lumsum amount quoted by the contractor and accepted by the Owner for execution of the Project as per the
drawings, details and specifications provided plus
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5.11.3.2 Any compensation, duly authorised by the PMC (Planedge Consultants Pvt. Ltd.)
5.11.3.3 Any amounts payable pursuant to an approved Change and modifications as required by the Owner which are
different from the drawings
5.11.4 Price escalation
5.11.4.1 There shall be no price escalation payable to the contractor under any circumstances or situations. The contractor prior to
submission of his bid is required to take into considerations the various factors that may affect his costing and accordingly
factor in the same for the period of the completion of the Project.
5.11.4.2 The Contract Price (whether lump sum or rates based) is fixed and firm up to the issue of the Certificate of Virtual Completion
and not subject to any escalation for whatsoever reason, including but not limited to:
5.11.4.2.1 Any escalation in the cost of Goods or personnel except those mentioned under basic rates;
5.11.4.2.2 Any increase in manpower hourly rates;
5.11.4.2.3 Currency fluctuations in respect of costs included within the Contract Price;
5.11.4.2.4 Any change in sourcing of Goods or personnel.
5.11.4.3 The Contractor acknowledges and confirms that he has visited the Site where the Work is to be performed and has obtained all
information as to risks, contingencies and other circumstances which may influence and affect the Work necessary for the
correct formulation of his prices directly on Site. The Contractor accepts total responsibility for having foreseen all difficulties
and costs of successfully completing the Work. The unit and lump sum as well as any other prices agreed, apply and are valid
and shall not be adjusted to take account of any unforeseen difficulties or costs in the performance of the Work including
compliance with any instructions and limits imposed by the Owner.
5.12 SUPPLY OF MATERIALS BY THE CONTRACTOR
5.12.1 The Contractor shall:
Supply all Materials and Contractor’s Equipment except Free Issue Materials and/or Owner’s Equipment if any, to be
supplied by the Owner as specified in the Contract, at the time and in the quantities as required for the execution of the
Work. Title to any surplus Materials shall vest with the Owner, till the payment of final bill by the Owner. Thereafter all the
material except the free issue material will be the property of the contractor. And the contractor may remove the same
immediately.
Prior to material supply the contractor will get a written approval from the Owner for the source of supply.
Give the Owner reasonable notice of the date on which any part or major items or Goods will be delivered to Site;
Be responsible for packing, loading, transporting, receiving, unloading, storing and protecting all Goods and other things
required for the Work;
Indemnify and hold harmless the Owner against and from all damages, losses and expenses (including legal fees and
expenses) resulting from the transport of Goods, and shall negotiate and pay all claims arising from their transport.
The Owner reserves the right to supply directly whole or part of such Materials as originally included in the Contractor’s
scope of supply according to the Contract. The cost for this supply will be directly deducted from the contractors’ amount
due.
5.13 PERMITS
5.13.1 The Owner shall be responsible for obtaining the Owner’s Permits and licenses as may be required for the execution of the works
as specified in this Tender.
5.13.2 The Contractor shall:
5.13.2.1 Be responsible for obtaining the Contractor’s licenses and Permits as may be required for the execution of the works as
defined in this document
5.13.2.2 Provide the Owner with all necessary assistance, data, information and documents for the purpose of the Owner
obtaining the Owner’s Permits.;
5.13.2.3 Comply with the Permits.
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5.13.3 The Owner will provide such assistance which is in the Owner’s opinion reasonable in respect of Contractor’s application for the
Contractor’s Permits including preparing any letter or other document in relation to an application for the Contractor’s Perm its
provided that:
5.13.3.1 The Contractor shall remain fully responsible for submitting such letter or other document to the appropriate
Governmental Authority;
5.13.3.2 The requested assistance from the Owner is not contrary to the Business Principles;
5.13.3.3 The Owner is not required to pledge their credit or otherwise act as guarantor or surety.
5.14 MEDICAL FACILITIES AND SERVICES
5.14.1 The Contractor shall, at its own expense, arrange for medical services and facilities for any for its personnel requiring first aid,
ambulance service and inpatient or outpatient services.
5.15 SAFETY AND HEALTH
5.15.1 The Contractor shall
5.15.1.1 be fully and solely responsible for conducting all operations under the Contract at all times in such a manner as to avoid the
risk of bodily harm to persons and damage to property;
5.15.1.2 Take all necessary precautions in connection with the Work in order to ensure the safety and health of the Owner's personnel
and any personnel of their Affiliates, the Contractor's personnel and any third parties, and the protection of the environment.
5.15.1.3 Continually and diligently inspect all Work to discover any conditions which might involve risk of bodily harm to persons
and/or damage to property and shall be solely responsible for the discovery and correction of any such conditions.
5.15.1.4 Take insurance of all the members working on site, including Engineering team and laborers. In case of any accident
or mishap, the contractor will be solely responsible for any consequences out of any such event. Also the contractor
indemnify and will keep the Owner and the owner representatives including PMC or any other consultants indemnified
against any consequences out of such event.
5.15.1.5 BOCW act: CREDAI Pune has adopted the BOCW act for the health safety guidelines of the construction workers. A copy of
the act is attached herewith and should be followed in all respects.
5.15.1.6 Maintain accident, injury and any other records required by the Statutory Requirements and regulations at the Site or by the
Owner and shall furnish the PMC (Planedge Consultants Pvt. Ltd.) with a monthly summary of injuries and labour hours lost
due to injuries.
5.15.1.7 Make available Safety nets on appropriate levels, safety signage wherever required to avoid any personal or physical
damage, Safety cover to ongoing works on the external faces of the buildings to avoid disturbance to the adjacent
property/roads/pathways/local commuters/visitors etc., Safety Belts, harness, shoes and Helmets to all workers and safety
helmets to all visitors on the project site. No worker shall be permitted to work above 3 M from the adjacent floor / ground
level without safety belts and helmets. An automobile in good running condition with a driver shall be kept available on the
project site at all times in the event of any emergency or injury. Emergency medicines and medical equipment shall also be
kept easily available on the site.
5.15.1.8 Take all precautions required for safety and good health of workers and visitors to site by clearly marking restricted areas with
access control instruction boards, stop lines, etc.
5.15.1.9 To ensure that no visitors visits the site except with prior intimation and in that case too with proper safety gear. Any visitor to
site will be accompanied by a responsible contractor personnel.
5.15.1.10 All the electrical equipment used on site shall be properly connected to the power outlets using appropriate top/ socket
arrangement. The power supply must be properly earthed and also provided with fuses/ circuit breakers and earth leakage
circuit breakers.
5.15.1.11 Appropriate cleanliness, use, drinking water and sanitary facilities should be provided by the contractor in the labour camp on
a regular basis.
5.15.2 SAFETY AUDITS: The Contractor is required to appoint a separate safety officer to comply with all the works as per the safety
guidelines. The safety officer will be responsible to conduct safety audits with the PMC (Planedge Consultants Pvt. Ltd.). Safety
audits will be required to be submitted along with compliance during each month billing.
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5.15.3 Consequences of Breach:
5.15.3.1 Any failure by the Contractor to correct an unsafe condition or unsafe act by its personnel after receipt of notice and/or
comply with the requirements safety generally shall be:
Regarded as a fundamental breach of the Contract and, without prejudice to the Owner's other rights under the Contract,
the Owner may immediately suspend the Work and the activities of the Contractor until such failure has been remedied;
Ground for entry upon the Site by the Owner to take such measures. Any costs incurred by the Owner in taking any such
measures shall be paid in full by the Contractor to the Owner upon written demand therefore from the Owner; and
If the violation continues, and action to correct the violation is not taken within two (2) days after receipt of a written notice
from the Owner, the Owner may terminate the Contract pursuant to Clause 5.16
5.15.3.2 The Contractor shall be liable for and shall indemnify (and keep indemnified), protect, defend and hold harmless the Owner
and its Affiliates from and against all actions, proceedings, claims and demands brought or made and all losses, damages,
cost, expenses, liabilities, settlement and judgments incurred, suffered or arising out of the Contractor’s breach of or failure
to comply with its obligations under this clause.
5.16 SITE CONDITIONS AND NATURAL RESOURCES
5.16.1 The Owner shall have made available to the Contractor for his information prior to the signing of the Contract the Site Data. The
Contractor shall be responsible for verifying and interpreting the Site Data. The Owner/ PMC (Planedge Consultants Pvt. Ltd.)
shall have no responsibility for the accuracy, sufficiency or completeness of the Site Data.
5.16.2 The Contractor shall have the sole responsibility for satisfying himself concerning the nature and location of the Work and of the
general and local conditions, including but not limited to the following:
5.16.2.1 Transportation, access, disposal, handling and storage of Materials;
5.16.2.2 Availability and quality of labour, water, electric power and road conditions;
5.16.2.3 Climatic conditions and seasons;
5.16.2.4 Physical conditions at the Site and the Project Area as a whole;
5.16.2.5 Topography and ground surface and sub-soil conditions;
5.16.2.6 Goods needed preliminary to and during the performance of the Work;
5.16.2.7 Means of communications with the Site; and
5.16.2.8 Transportation, accommodation and meal facilities for its personnel.
5.16.2.9 Sanitary facilities for his personnel, separately for male and female workers.
5.16.3 Any failure of the Contractor to acquaint itself with any applicable conditions will not relieve the Contractor of the responsibility for
properly estimating either the difficulties or the cost of successfully performing the Contractor's obligations under the Contract.
5.16.4 The Contractor shall not be entitled to any extension to the Time for Completion or to any adjustment of the Contract Price even
on grounds of misinterpretation or misunderstanding of any such matter, nor shall the Contractor be released from any of the
risks accepted or obligations undertaken by it under the Contract on the ground that it did not or could not reasonably have
foreseen any matter which affects the execution of the Work.
5.17 UNFAVOURABLE WORKING CONDITIONS
5.17.1 The Contractor shall confine all its activities at Site to those portions of the Work which can be performed without subjecting the
works to adverse effects during inclement weather conditions such as monsoon, and storms. No Work at Site shall be performed
by the Contractor under conditions which might adversely affect the quality and efficiency thereof, unless appropriate precautions
or measures are taken by the Contractor to eliminate such effects.
5.17.2 The Owner shall not be liable for idle labour charges in the event of any stoppage in the Work resulting in the Contractor's labour
being rendered idle at any time and for any period(s) of time caused:
5.17.2.1 As a result of unfavorable conditions as aforesaid;
5.17.2.2 By any reasons attributable to the Contractor's acts, omissions, or non-compliance with the Contract.
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5.18 TITLE TO MATERIALS FOUND
5.18.1 The title to water, soil, rock, gravel, sand, minerals, timber, and any other materials developed or obtained in the excavation,
dismantling or other operations of the Contractor or any of its Sub-Contractors and the right to use said materials or dispose of
the same is hereby expressly reserved by the Owner. Neither the Contractor, its Sub-Contractors, nor any of their
representatives or employees shall have any right, title, or interest in said materials nor shall they assert or make any claim
thereto. The Contractor may, at the sole discretion of Owner, be permitted, without charge, to use in the Work any such
materials which meet the requirements of the Contract.
5.19 SURVEY CONTROL POINTS AND LAYOUTS
5.19.1 The survey control points and layouts shall be established on site by using Total Station. Contractor shall require availing latest
bench marking technology and adopt GPS point on site at his own cost and the same shall get approved from the PMC
(Planedge Consultants Pvt. Ltd.) on Site.
5.19.2 The Contractor shall set out the Work in relation to the survey control points and shall complete the layout of all Work and be
responsible for the correct positioning of all parts of the Work in accordance with the positions, levels, alignment, location, lines,
and grades specified or shown on the drawings, subject to such modifications as the Owner may require as the Work progresses.
The Contractor shall rectify any error in the positions, levels, dimensions, alignment, location, lines and grades of the Work at his
own cost. In any case the contractor should not work without the use of ‘Total Station’ on site
5.19.3 If the Contractor or any of its Sub-Contractors or any of their representatives or employees move or destroy or render inaccurate
any survey control point, such control point shall be replaced by the contractor failing to which the same shall be done by the
PMC (Planedge Consultants Pvt. Ltd.) and the cost for such work shall be recovered from the Contractor.
5.20 CLEANING UP
5.20.1 The Contractor shall, at all times, keep its Work Area in a neat, clean and safe condition, free from all unnecessary obstruction
and shall store or dispose of any Contractor’s Equipment and surplus Materials as directed by the Owner.
5.20.2 Upon completion of any portion of the Work, the Contractor shall promptly remove from that portion of the Work all Contractor ’s
Equipment, surplus Materials which are not to be used at or near the same location during the later stages of the Work.
5.20.3 Upon Provisional Acceptance and then after the Final Acceptance, the Contractor shall at its expense satisfactorily dispose of all
Contractor’s Equipment, rubbish, and Temporary Work, and return to the Owner's warehouse or Site storage area all salvageable
Free Issue Materials. The Contractor shall leave the Site in a neat, clean and safe condition.
5.20.4 In the event of the Contractor's failure to comply with the foregoing, the Owner will accomplish the same at the Contractor's
expense.
5.21 CO-OPERATION WITH OTHERS
5.21.1 The Contractor acknowledges that the Owner and other parties, including other contractors and other subcontractors may be
working at the Site during the performance of the Contract and that the Contractor's activities or use of certain facilities may be
interfered with as a result of such concurrent activities. Subject to the integrity of the Contract Schedule, the Owner reserves the
right to require the Contractor to reschedule the order of performance of the Work in such a manner as will minimize interference
with the work of any of the parties involved, provided that this rescheduling will not affect the achievement of Provisional
Acceptance by the Time for Completion.
5.21.2 The Contractor shall co-operate with and shall co-ordinate his own activities with those of other contractors on Site and shall not
be entitled to make any claim in relation to the execution of the Work pursuant in the above circumstances.
5.22 ENVIRONMENTAL CONDITIONS
5.22.1 The Contractor shall:
5.22.1.1 Conduct all its operations in such a way as to minimize impact upon the environment and to limit damage and nuisance to
people and property resulting from pollution and noise and other results during the carrying out of the Work;
5.22.1.2 During the execution of the work such as plaster, painting etc. wherein there is a chance of material or particles falling on
roads, or spreading in the air around, it is mandatory that the contractor a proper covering to be provided to all the works at
any time in progress on the external surfaces of the buildings to avoid pollution to the environment.
5.22.1.3 Comply with all relevant Statutory Requirements and rules applicable to the Site;
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5.22.2 In the event the Contractor encounters on the Site material reasonably believed to be a toxic or hazardous material, or a toxic or
hazardous waste, the Contractor shall immediately stop work in the affected area and shall notify the Owner of the condition.
Pending receipt of written instructions from the Owner, the Contractor shall not resume work in the affected area. Upon being
notified in writing by the Owner, the Contractor shall remove or otherwise make safe any such materials encountered by the
Contractor.
5.23 RESPONSIBILITY FOR WORK, SECURITY AND PROPERTY
5.23.1 Work and Equipment
5.23.1.1 The Contractor shall be fully responsible for the risk in and care of the Work and shall bear any and all risk of loss of or
damage to the Work and to the Owner’s Equipment received from the Owner from the Effective Date until Provisional
Acceptance.
5.23.1.2 If any loss or damage happens to the Work during the period when the Contractor is responsible for their care, the
Contractor shall rectify the loss or damage at the Contractor’s risk and costs so that the Work conform with the Contract.
5.23.1.3 The risks referred to are:
War, hostilities (whether declared or not), invasion, act of foreign enemies, rebellion, terrorism, revolution, insurrection,
military or usurped power or civil war within the Republic of India; and
Riot, commotion or disorder within the Republic of India by persons other than employees of the Contractor or
Subcontractors; and
Munitions of war, explosive materials, ionizing radiation or contamination by radio-activity, within the Republic of India
except as may be attributable to the Contractors’ use of such munitions, explosives, radiation or radio-activity; and
Pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds.
5.23.2 Delivery, unloading and storage
5.23.2.1 The Contractor's responsibility for the Owner’s Equipment shall include:
Receiving and unloading the Owner’s Equipment at the Owner’s storage area unless specifically excluded from the
Contractor’s scope of Work;
Receiving from the Owner’s storage area, handling, delivery to the Site and if required storing in a secure place and in a
manner subject to the Owner's review, of all issued Owner’s Equipment. The outside storage of the Owner’s Equipment
subject to degradation by the elements shall be in weather tight enclosures provided by the Contractor;
delivering from the storage area to the Site; and maintaining complete, upto date and accurate records for the Owner's
inspection of all Owner’s Equipment received, stored and issued for use in the performance of the Contract.
5.23.2.2 The Contractor shall at all times conduct all operations under this Contract in a manner to avoid the risk of loss, theft, or
damage by vandalism, sabotage or any other means to the Work. The Contractor shall continuously inspect all Work to
discover and determine any conditions which might involve such risks and shall be solely responsible for discovery,
determination and correction of any such conditions.
5.23.2.3 Authorized entry to the Site will be granted only to the Contractor's personnel; the Architect's personnel, the PMC
personnel, the Owner's or its Affiliates personnel, the personnel of any Governmental Authority and such other personnel
as may be notified to the Contractor and approved by Owner.
5.23.2.4 The Contractor shall appoint appropriate security personnel on site for the safety and maintenance of safe keeping on site.
5.23.2.5 The Contractor shall comply with the Owner's security requirements for the Site. The Contractor shall cooperate with the
Owner on all security matters and shall promptly comply with any security arrangements established by the Owner. Such
compliance with these security requirements shall not relieve the Contractor of its responsibility for maintaining proper
security, nor shall it be construed as limiting in any manner the Contractor's obligation with respect to all Statutory
Requirements and to undertake reasonable action to establish and maintain secure conditions at the Site.
5.23.3 Property
5.23.3.1 The Contractor shall, at his own expense, erect and maintain in good condition temporary fences and gates along the
boundaries of the areas assigned to him for the purpose of the execution of the Works. The Contractor shall, except when
authorized by the PMC (Planedge Consultant Pvt. Ltd), confine his men, material and plant within the Site/Portion of the
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Site of which it is given access to. The Contractor shall not use any part of the Site for purposes not connected with the
Works unless prior written permission of the PMC (Planedge Consultant Pvt. Ltd) has been obtained.
5.23.3.2 The Contractor shall plan and conduct its operations so as not to:
Enter upon lands belonging to any Governmental Authority unless authorized by the Owner;
Damage, close or obstruct any utility installation, highway, road or other property until Permits therefore have been
obtained;
Disrupt or otherwise interfere with the operation of any pipeline, telephone, electric transmission line, ditch or structure
unless otherwise specifically authorized by the Contract; or
Damage or destroy cultivated and planted areas, and vegetation such as trees, plants, shrubs, and grass on or
adjacent to the premises which, as determined by the Owner, do not interfere with the performance of the Contract.
This includes damage arising from performance of Work through operation of the Contractor’s Equipment and/or the
Owner’s Equipment or stockpiling of Materials.
5.23.3.3 The Contractor shall not be entitled to any extension of time or compensation on account of the Contractor's failure to
protect all Materials, Owner’s Equipment and/or Contractor’s Equipment and environment as described herein. All costs in
connection with any repairs or restoration necessary or required by reason of unauthorized obstruction, damage or use
shall be borne by the Contractor.
5.23.3.4 The contractor will provide adequate security on site for the safety of his own material and all the free issue material for use
as given by the Owner. The owner will not be responsible for any theft or pilferage or damages to any material, resources,
machinery of the contactor. The Owner may or may not appoint additional security for the overall safety of the site, but this
does not relieve the contractor of any of his own responsibilities.
5.24 CONTRACTOR'S EQUIPMENT AND FACILITIES
5.24.1 The Contractor shall provide and use for the Work hereunder only such Contractor’s Equipment as is capable of producing the
quality and quantity of work and materials required by the Contract and within the time or times specified in the Contract
Schedule.
5.24.2 Before proceeding with the Work hereunder, the Contractor shall furnish the PMC (Planedge Consultant Pvt. Ltd) with information
and drawings relative to the Contractor’s Equipment and Facilities as PMC (Planedge Consultant Pvt. Ltd) may request. The
Contractor shall cause all Contractor’s Equipment to be in sound operating condition, safe and fit for the purpose and use
intended and to have a sufficient supply of spare parts to avoid delays in the work resulting from loss of use. All Contractors’
Equipment shall be subject to inspection and approval from time to time by the PMC (Planedge Consultant Pvt. Ltd) for the
purpose of ensuring conformity with the foregoing standard. Upon written instruction of the PMC (Planedge Consultant Pvt. Ltd),
the Contractor shall discontinue operation of unsatisfactory Contractor’s Equipment or Facilities and shall either modify the
unsatisfactory items or remove such items from the Site.
5.24.3 When required the contractor will authorize the Owner and the PMC to the use of the machinery, tools or tackles on the project
site. This use may be such as, but not limited to, for inspection of works, for movement of materials or some other minor works
as required by the Owner. For the use of such requirements the contractor shall be reimbursed the at actual operational cost, if
the same is not in the scope of the contractor.
5.24.4 The Contractor shall, at the time any Contractor’s Equipment is moved onto the Site, present to the PMC (Planedge Consultant
Pvt. Ltd) an itemized list of such Contractor’s Equipment including but not limited to power tools, welding machines, pumps and
compressors. The said list must include a description and quantity, and serial number where applicable. The Contractor shall
identify the Contractor’s Equipment by colour (other than yellow), decal and etching. Prior to removal of any or all Contractors’
Equipment the Contractor shall obtain approval from the PMC (Planedge Consultant Pvt. Ltd) which approval shall not be
unreasonably withheld.
5.24.5 The equipment list required at site as follows;
Bar cutting and bending machine.
Earth Compactor
Concrete Pumps
Pumps- Dewatering and curing
Vibrator - Needle & Surface
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Tower Crane
Service lift
Material Lift
Total Station
Auto level
5.25 INSPECTION, QUALITY SURVEILLANCE, REJECTION OF MATERIALS AND WORKMANSHIP
5.25.1 All Materials furnished and Work performed shall be properly inspected by the Contractor in accordance with the Contract at its
expense, and shall at all times be subject to quality surveillance and quality audit by the PMC (Planedge Consultant Pvt. Ltd), or
its authorized representatives who shall be afforded full and free access to the shops, factories or other places of business of the
Contractor and its Sub-Contractors for such quality surveillance or audit.
5.25.2 The Contractor shall provide safe and adequate facilities, drawings, documents and samples as requested, and shall provide
assistance and cooperation to perform such examination as may be necessary to determine compliance with the requirements of
the Contract. Any Work covered up prior to any quality surveillance or test by the PMC (Planedge Consultant Pvt. Ltd) shall be
uncovered and replaced at the expense of the Contractor if such covering interferes with or obstructs such inspection or test.
Failure of the PMC (Planedge Consultant Pvt. Ltd) to make such quality surveillance or to discover defective design,
materials or workmanship shall not relieve the Contractor of its obligations under the Contract nor prejudice the rights
of the PMC (Planedge Consultant Pvt. Ltd) thereafter to reject or require the correction of defective Work in accordance
with the provisions of the Contract.
5.25.3 The Contractor shall get approved the quality of all materials required for the work from PMC(Planedge Consultants Pvt.
Ltd.)before entering into the site of works. The Contractor shall furnish written intimation at least48 hours in advance to the PMC
(Planedge Consultant Pvt. Ltd) regarding the delivery of such materials on site. The materials should be delivered at site between
10.00 a. m to 5.00 p. m. In case of the delivery other than the authorized timings, a prior approval shall be taken by the PMC
(Planedge Consultant Pvt. Ltd). It will be totally at the discretion of the PMC (Planedge Consultant Pvt. Ltd) and the request for
the same may be refused.
5.25.4 The Contractor shall afford full opportunity to representatives of any Governmental Authority, local body, to examine and inspect
any part of the Work at any time.
5.25.5 If any Work is determined by the PMC (Planedge Consultant Pvt. Ltd) to be defective or not in conformance with the Contract, the
Contractor will be notified in writing whereupon the Contractor shall, at its own expense, immediately remove and replace or
correct such defective Work.
5.25.6 The Contractor shall provide the PMC (Planedge Consultant Pvt. Ltd) with a list of anticipated dates of all tests and inspections to
be carried out in respect of the Work which tests shall be carried out timorously and in accordance with the procedures and
requirements of the Performance Requirements and of the Contract Procedures. The Contractor shall thereafter notify the PMC
(Planedge Consultant Pvt. Ltd) at least ten (10) days in advance of the dates on which the items of Work will be ready for testing
or inspection. The PMC (Planedge Consultant Pvt. Ltd) and others authorized by the PMC (Planedge Consultant Pvt. Ltd) may
attend such tests. If notice is not given to the PMC (Planedge Consultant Pvt. Ltd) within such time period, the PMC (Planedge
Consultant Pvt. Ltd) shall have the right to instruct the Contractor to repeat the tests so that the PMC (Planedge Consultant Pvt.
Ltd) and others authorized by the PMC (Planedge Consultant Pvt. Ltd) may attend.
5.25.7 If after observing any inspections, examinations or tests of any portion of the Work pursuant to the provisions of this Clause the
PMC (Planedge Consultant Pvt. Ltd) shall determine that such portion of the Work is defective or not in accordance with the
Contract, it may reject it by giving to the Contractor, within [seven (7)] days, written notice of such rejection, stating therein the
grounds upon which the said decision is based. Following any such rejection the Contractor shall remedy or otherwise repair
(with the PMC (Planedge Consultant Pvt. Ltd)’s approval) or replace the rejected portion of the Work and resubmit the same for
test or inspection in accordance with the provisions of this clause. All expenses reasonably incurred by the PMC (Planedge
Consultant Pvt. Ltd), or its representatives, in attending or in consequence of such re-testing or re-inspection shall be deducted
from the Contract Price.
5.25.8 In circumstances where the PMC (Planedge Consultant Pvt. Ltd) has reasonable cause for concern that any element of the Work
may be defective or otherwise not in accordance with the requirements of the Contract, the PMC (Planedge Consultant Pvt. Ltd)
shall be entitled to require the Contractor, at the Contractor's sole cost, to open up for inspection or to arrange for or carry out any
tests of any such element of the Work.
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5.25.9 Where the Contractor has failed to give the PMC (Planedge Consultant Pvt. Ltd) a reasonable opportunity to inspect any element
of the Work before it is covered up, the PMC (Planedge Consultant Pvt. Ltd) shall be entitled to require the Contractor, at the
Contractor's sole cost, to open up for inspection or to arrange for or carry out any tests of any such element of the Work.
5.25.10 Unless otherwise provided in the Contract, all testing of Materials or Work shall be performed by the Contractor at its expense
and in accordance with the Contract.
5.26 PROGRESS
5.26.1 The Contractor shall give the PMC (Planedge Consultant Pvt. Ltd) full information in advance as to its plans for performing each
part of the Work in accordance with the Contract Schedule.
5.26.2 If, at any time, it becomes apparent that for reasons directly or indirectly attributable to the Contractor, the PMC (Planedge
Consultant Pvt. Ltd) is of the opinion that the Contractor's actual progress is too slow to achieve Provisional Acceptance by the
Time for Completion the PMC (Planedge Consultant Pvt. Ltd) shall notify the Contractor that it has failed to execute the Work and
the Contractor shall within 7 days from the date of the notice take all steps as are necessary, subject to the consent of the PMC
(Planedge Consultant Pvt. Ltd) or, in the event of failure to do so, shall take such reasonable steps as the PMC (Planedge
Consultant Pvt. Ltd) may instruct in writing to expedite progress so as to correct such deficiencies in the execution of the Work as
specified in the notice from the PMC (Planedge Consultant Pvt. Ltd). The Contractor shall not be entitled to an extension of time
and/or Cost for taking such steps. If any instruction issued by the PMC (Planedge Consultant Pvt. Ltd) pursuant to this clause
causes the Owner to incur additional costs, such costs shall be recoverable from the Contractor by the PMC (Planedge
Consultant Pvt. Ltd) and may be deducted by the PMC (Planedge Consultant Pvt. Ltd) from any monies due or to become due to
the Contractor.
5.26.3 Neither such notice nor the PMC (Planedge Consultant Pvt. Ltd)'s failure to issue such notice shall relieve Contractor of its
obligation to achieve the quality of Work and rate of progress required by the Contract.
5.26.4 Any failure by the Contractor to comply with PMC (Planedge Consultant Pvt. Ltd)'s instructions may be grounds for a
determination by the PMC (Planedge Consultant Pvt. Ltd) that the Contractor is not prosecuting the Work with such diligence as
will assure completion within the times specified and may give rise to termination for default.
5.27 CHANGES
5.27.1 Changes to the Work
5.27.1.1 If at any time during the course of the work it is found expedient or necessary either for architectural or utility purposes or
otherwise by the Architect or by the Owner to order material or work of a different description, or to substitute one class of
work for another, they shall have the full power to do so, and the Contractor shall be bound to carry out such extra,
additional, altered or substituted work on the same terms and conditions in all respects on which it was agreed to do the
main work. Rates for such new items, if any, should be submitted with complete rate analysis by the Contractor prior to
execution of such item and written approval obtained from the Owner and the PMC (Planedge Consultant Pvt. Ltd).
5.27.1.2 The Contractor shall not affect any Change in the Work, except in accordance with a Change Order.
5.27.1.3 The PMC (Planedge Consultant Pvt. Ltd) may order the Contractor to immediately demolish and redo any work carried out
pursuant to an unauthorized Change to the Work without prejudice to the PMC (Planedge Consultant Pvt. Ltd)’s right to
claim for payment of damages to which he might be entitled arising from such unauthorized work.
5.27.1.4 The PMC (Planedge Consultant Pvt. Ltd) reserves the rights to procure the execution of any additional or extra works
during the execution of the Work, either by themselves or by appointing any other contractor, notwithstanding that such
works are incidental to and/or are necessary for the completion of the Work. In the event that the PMC (Planedge
Consultant Pvt. Ltd) procures the execution of such work, the Contractor shall extend its duty of necessary co-operation to
such contractor as may be engaged by the PMC (Planedge Consultant Pvt. Ltd) and shall comply with any instruction of the
PMC (Planedge Consultant Pvt. Ltd) given in relation thereto.
5.27.2 Change Procedure
5.27.2.1 The PMC (Planedge Consultant Pvt. Ltd) may, at any time by written Change Order, instruct a Change in the Work.
5.27.2.2 The rates for such additional, altered, or substituted work (extra items) shall be worked out in accordance with the following
procedure in their respective order.
5.27.2.2.1 If the rates for the additional items are specified in the Schedule of quantities, then the contractor is bound to carry
out such work at the same rates as given in the Schedule.
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5.27.2.2.2 If the rates for the extra items are not specifically provided in the Schedule of Quantities then such rates will be
derived from the rates of similar class of work as are given in the Schedule of Quantities.
5.27.2.2.3 If the rates for extra items cannot be derived from similar class of work as laid down in above, then the rates for such
items shall be worked out on the basis of actual cost of materials (including loading, unloading, transportation), actual
cost of labour consumed, plus Fifteen percent (15%) for profit, supervision charges, overheads, hire and
transportation charges for tools, tackles, plant machinery etc. if not available with the Contractor.
Example:
a. Material Cost per Unit (Sq.m/Cum/Nos.) = Rs. X
b. Labour cost per Unit (Sq.m/Cum/Nos.) = Rs. Y
c. Transportation / Loading / unloading = Rs. Z
d. Profit and overheads = Rs. 0.15 (X+Y+Z)
e. Total Cost of item per Unit (Sq.m/Cum/Nos.) = (a + b + c + d)
5.27.2.2.4 If for any reason the PMC (Planedge Consultant Pvt. Ltd) and the Contractor cannot agree to the rates worked out in
the above basis, then the PMC (Planedge Consultant Pvt. Ltd) shall have the right to get the work done from any
other agency. The contractor will give full co-operation to the agency so appointed, including the use of labour,
machinery, etc. available on site at an appropriate cost if required.
5.27.2.3 Claims for any extra items / Changes, if inevitable in the course of the construction, shall be filed under section c of bill
along with the description, reason, authorisation, measurements and detailed rate analysis of each such item. Any claim for
extra items will have to be supported by a written authorization and agreement by the PMC (Planedge Consultant Pvt. Ltd).
5.28 USE OF COMPLETED PORTIONS OF WORK
5.28.1 Whenever, as determined by the PMC (Planedge Consultant Pvt. Ltd), any portion of the Work, performed by the Contractor is
suitable for use, the PMC (Planedge Consultant Pvt. Ltd) may occupy and use such portion. Use shall not constitute acceptance,
relieve the Contractor of its responsibilities, or act as a waiver by the PMC (Planedge Consultant Pvt. Ltd) of any of the terms of
the Contract.
5.28.2 The Contractor shall not use any [permanently installed equipment] unless such use is approved in writing by the PMC (Planedge
Consultant Pvt. Ltd), when such use is approved, the Contractor shall properly use and maintain such equipment at his own cost.
Upon completion of such use the Contractor shall recondition such equipment as required to meet the specifications.
5.29 EXAMINATION OF CONTRACTOR'S RECORDS AND ACCOUNTS
The Contractor shall maintain records and accounts in connection with the performance of the Contract which will accurately
document incurred costs, both direct and indirect, of whatever nature. The Owner, or its representatives shall have the right to
access and examine at all reasonable times, with advance notification, such records and accounts for the limited purpose of
verifying requests for payment when reimbursable expenditure are the basis of such payment.
5.30 BACKCHARGES
5.30.1 The PMC (Planedge Consultant Pvt. Ltd) shall have the right at any time to set off or deduct from any sums due to the
Contractor, any sums due from the Contractor under or in connection with the Contract.
5.30.2 If, under the provisions of this Contract, the Contractor is notified by the PMC (Planedge Consultant Pvt. Ltd) to correct defective
or non-conforming Work, and the Contractor states or by its actions indicates that it is unable or unwilling to proceed with
corrective action within a reasonable time, the PMC (Planedge Consultant Pvt. Ltd) may proceed to procure the redesign, repair,
rework or replacement of non-conforming work by the most expeditious means available and back charge or deduct from any
monies due or to become due to the Contractor the amount of costs incurred. Furthermore, if the Owner agrees to or is required
to perform work for the Contractor, such as cleanup, off-loading or completion of incomplete work, the PMC (Planedge
Consultant Pvt. Ltd) may, upon written notice, perform such work by the most expeditious means available and back charge the
Contractor or deduct from any monies due or to become due to the Contractor the amount of costs incurred.
5.30.3 The above shall also apply in the event of non-commencement of the work and in respect of each stage of the work to be
performed by Contractor, abandonment in part or in full, non-completion, going slow, or failure to follow PMC (Planedge
Consultant Pvt. Ltd)'s instructions, failure to follow sequence of work, if any, instructed by the PMC (Planedge Consultant Pvt.
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Ltd), or otherwise any action or omission which in the opinion of PMC (Planedge Consultant Pvt. Ltd), may adversely affect the
speedy and efficient completion of the Work.
5.30.4 The cost of back charge work shall include, without limitation:
5.30.4.1 Incurred direct and indirect labour costs including all payroll costs, Taxes and expenses;
5.30.4.2 Incurred lower-tier supplier and subcontractor costs related to performing the corrective action;
5.30.4.3 The Owner's overhead, supervision and administrative costs.
5.30.5 The PMC (Planedge Consultant Pvt. Ltd) may separately invoice or deduct from payments otherwise due to the
Contractor the costs as provided herein. The PMC (Planedge Consultant Pvt. Ltd)'s right to back charge is in addition to
any and all other rights and remedies provided in the Contract or by law.
5.31 INDEMNITY
5.31.1 The Contractor shall be liable for and shall indemnify and keep indemnified, protect, defend and hold harmless the Owner and its
Affiliates and authorized representatives of the foregoing from and against all actions, proceedings, claims and demands brought
or made and all losses, damages, cost, expenses, liabilities, settlements and judgments incurred, suffered or arising out of any
breach of whatsoever kind or nature, including those arising out of damage to property (including but not limited to property of
third parties and the Owner) and injury to or death of persons (including but not limited to Contractor's employees and third
parties), whether arising before or after completion of the Work hereunder and in any manner directly or indirectly caused,
occasioned, or contributed to in whole or in part, or claimed to be caused, occasioned or contributed to in whole or in part, by
reason of any act, omission, fault or negligence whether active or passive of the Contractor, its Sub-Contractors, suppliers or of
anyone acting under its direction or control or on its behalf in connection with or incidental to the performance of this Contract.
5.31.2 The contractor is required to take appropriate insurance covers and policies to indemnify against such possibilities. All the
insurance policies to specifically mention the Owner as the beneficiary. Any benefits or sums that may be received from any such
insurance policies will be transferred by the Owner to the contractor after deducting for any costs that may have been borne by
the Owner either directly or indirectly.
5.31.3 The Contractor shall pay and meet all expenses including legal costs incurred by the Owner in responding to and defending all
such claims and the Contractor shall meet and pay all damages awarded against Owner and keep it harmless and indemnified to
the fullest extent.
5.32 ASSIGNMENTS AND SUBCONTRACTS
5.32.1 The Contractor shall not assign the Contract or rights there under, in whole or in part save as security in favour of a bank or
financial institution, where the Contractor may assign its right to any monies due, or to become due to it under the Contract. In
such event the approval by the Owner is necessity.
5.32.2 The Contractor shall not without the prior written consent of the PMC (Planedge Consultant Pvt. Ltd) which may be given or
withheld by the PMC (Planedge Consultant Pvt. Ltd) in its absolute discretion, sub-contract or sub-let the whole or any part of the
Work. Where the PMC (Planedge Consultant Pvt. Ltd) consents to any such sub-contracting such consent shall not in any way
exclude or limit the responsibilities of the Contractor under the Contract and the Contractor shall be solely responsible for the
Work in all respects as if such sub-letting or sub-contracting had not taken place, and as if such Work had been done directly by
the Contractor.
5.32.3 If any Sub-Contractor executes any works which in the opinion of PMC (Planedge Consultant Pvt. Ltd) is not in accordance with
the Contract, the PMC (Planedge Consultant Pvt. Ltd) may by written notice to the Contractor request him to terminate such Sub-
Contract and the Contractor upon the receipt of such notice shall terminate such Sub-Contract and the latter shall forthwith leave
the works, failing which PMC (Planedge Consultant Pvt. Ltd) shall have the right to remove such Sub-Contractor from the Site.
5.33 SUSPENSION
5.33.1 The PMC (Planedge Consultant Pvt. Ltd) may by written notice to the Contractor, suspend at any time the performance of all or
any portion of the Work to be performed under the Contract. The Contractor shall cease work on such Work or part thereof as
stated in the notice on the date stated in the notice, but shall continue to perform any unsuspended part of its Work. During the
suspension period, the Contractor shall maintain his presence at Site and ensure care and custody of the Owner’s Equipment
received from the Owner and the Work so far as is necessary in the opinion of the PMC (Planedge Consultant Pvt. Ltd).
5.33.2 All costs incurred by the Contractor as a result of a suspension shall be borne by the Contractor if such suspension lasts for less
than fifteen (15) consecutive days or for less than forty five (45) cumulative days in a year.
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5.33.3 Upon receipt of notice to resume suspended Work, the Contractor shall immediately resume performance under the Contract to
the extent required in the notice.
5.33.4 In addition to the clause mentioned above the work may be suspended for upto twenty (20) days after the completion of plinth
work as notified by the PMC (Planedge Consultant Pvt. Ltd) in writing for the purpose of Plinth checking. During the suspension
period, the Contractor shall maintain his presence at Site. No additional compensation will be payable to the contractor for this
work suspension.
5.33.5 Any temporary stoppage or hindrance caused or occasioned to the Work for any reason other than by reason of a notice of
suspension as set out above, or as otherwise provided for under the Contract, will be deemed to have been duly anticipated by
the Contractor and included for within the Contract Price. No compensation whatsoever shall be payable to the Contractor and no
adjustment in the Contract Price will be made in consequence of such temporary stoppage or hindrance.
5.33.6 Any claim for an equitable adjustment to the Contract Price in respect of a suspension of the Work beyond fifteen (15)
consecutive days excluding the condition as mentioned in clause no. 5.33.4, shall be made by the Contractor by submitting a
detailed analysis of the idle resources and the cost involved in maintaining the same. This claim of additional costs to be
submitted within seven (7) calendar days after receipt of the notice to resume Work. No adjustment shall be made for any
suspension to the extent that performance would in any event have been suspended, delayed, or interrupted by any non-
compliance by the Contractor with any requirement of the Contract.
5.33.7 If any period of suspension exceeds Sixty (60) consecutive days, the Contractor may request the PMC (Planedge Consultant Pvt.
Ltd) to notify the date when the suspension will be lifted. If the PMC (Planedge Consultant Pvt. Ltd) does not reply within fifteen
(15) days of receipt of the request giving a date for resumption which must not be more than thirty (30) days from the original
request, then the Contractor may terminate the Contract in accordance with the termination clause.
5.33.8 In case of any suspension of the Work called by the PMC (Planedge Consultant Pvt. Ltd) for any reason, the idle time of
Contractor’s personnel will be paid in mutual agreement after the Contractor has provided sufficient details to back up its claim.
5.33.9 The Owner will pay the Contractor only in respect of such Contractor Personnel and Equipment that cannot be employed in other
areas of the Site not included in the stand by. Such Contractor’s Personnel shall be identified by the Contractor and shall remain
at the Contractor's disposal until the end of the suspension.
5.34 TERMINATION OF CONTRACT
5.34.1 Notwithstanding any other provisions of the Contract, the PMC (Planedge Consultant Pvt. Ltd) may terminate the Contract if:
5.34.1.1 The Contractor fails to conform to the requirements of the Contract; or
5.34.1.2 The Contractor fails to commence the Work or make progress so as to endanger attainment of Provisional Acceptance by
the Time for Completion, or
5.34.1.3 The Contractor abandons the Work or plainly demonstrates the intention not to continue performance of its obligations
under the Contract; or
5.34.1.4 The Contractor fails to fulfill any of the terms of the Contract, or
5.34.1.5 The Contractor suffers or incurs an Insolvency Event.
5.34.2 In respect of the remaining defaults set out above, the PMC (Planedge Consultant Pvt. Ltd) shall notify the Contractor in writing of
the nature of the default, giving the Contractor a reasonable period within which to remedy the same. If the Contractor does not
correct such failure within the specified period, or if the Contractor fails to provide satisfactory evidence that such default will be
corrected, the PMC (Planedge Consultant Pvt. Ltd) may, by written notice to the Contractor and without notice to the Contractor's
sureties, if any, terminate the Contract.
5.34.3 Upon termination the PMC (Planedge Consultant Pvt. Ltd) may take possession of and utilize any Contractor’s
Equipment and property of any kind furnished by the Contractor, necessary to complete the Work.
5.34.4 In case of termination the contractor shall require to submit a no dues certificate from all his suppliers/vendors related to the
contract work before final settlement of the contract and payments is arrived at.
5.34.5 Upon termination for default, the Contractor shall:
5.34.5.1 Immediately discontinue the performance of the Work on the date and to the extent specified in the notice and place no
further Sub-Contracts to the extent that they relate to the performance of the terminated Work;
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5.34.5.2 Produce an inventory of and turn over to the PMC (Planedge Consultant Pvt. Ltd) of all Owner’s Equipment provided by the
Owner for performance of the terminated Work;
5.34.5.3 Promptly obtain cancellation upon terms satisfactory to the PMC (Planedge Consultant Pvt. Ltd) of all Sub-Contracts,
rentals, or any other agreements existing for performance of the terminated Work or assign those agreements as directed
by PMC (Planedge Consultant Pvt. Ltd);
5.34.5.4 Cooperate with the PMC (Planedge Consultant Pvt. Ltd) in the transfer of information and disposition of work in progress so
as to mitigate damages;
5.34.5.5 Comply with other reasonable requests from PMC (Planedge Consultant Pvt. Ltd) regarding the terminated Work;
5.34.5.6 Withdraw all its teams, agencies, representatives, contractors from the sire and leave the Site as directed by the PMC
(Planedge consultants Pvt. Ltd.)
5.34.6 The Contractor shall in the event of termination be entitled to the actual costs incurred by the Contractor in the performance of
the Work completed in accordance with the Contract; in respect of which the balance remains outstanding at the date of
termination.
5.34.7 On termination the contractor bill will be calculated based on the stages of work 100% completed and defined in this document.
Any stages partially completed will be considered 0% complete.
5.34.8 The Owner shall not be liable to make any further payments to the Contractor until all balance works of the Project has
been completed. When the Work is complete, the Owner shall be entitled to recover from the Contractor the extra cost, if any,
of completing the Work. If there is no such extra cost the Owner shall pay any balance due to the Contractor after completion of
all works.
5.34.9 Any additional cost or any damage incurred or suffered by the Owner as a result of the Contractor’s failure as referred to in
clauses above shall be paid by the Contractor within seven (7) days of a written demand from the PMC (Planedge Consultant
Pvt. Ltd). Such costs shall include but not be limited to the difference between the Contract Price and the amount paid to any
third party to undertake and complete the balance Work, these amounts will also take into account the Owner’s obligation to
mitigate their losses
5.34.10 It should be expressly understood, in case of termination of this contract for whatsoever nature, the contractor may not make any
requests or take any actions for reinstatement of the contract. Furthermore the contractor shall have claim only to the amount
balance for Work done as per the contract and has been accepted and approved by the PMC (Planedge consultants Pvt. Ltd.). At
no point of time will the contractor have any claim to loss of profit due to termination or losses due to early demobilization
5.34.11 In case of any difference of opinion on reasons for termination; the same to be solved through joint discussions with the Owner
and the PMC (Planedge consultants Pvt. Ltd). In case this is not amicably solved, the decision of PMC (Planedge consultants
Pvt. Ltd) will be final and binding for all concerned. If this is not solved amicably the same may be referred to arbitration only and
no other legal step may be initiated by the contractor. The selection of arbitrator will be done by the PMC (Planedge consultants
Pvt. Ltd) in agreement with the contractor. But under any case the contractor shall not try create any obstruction for the work
being given to some other contractor nor will he stop any work from happening on site. Failure to act in accordance with this
clause will be considered as act of wilful destruction, under which case the contractor will forego any rights of discussions and
settlement of any amounts.
5.34.12 In event of wilful obstruction to the Project, mis-conduct and intention to jeopardize the project under the above situation, it is
explicitly clarified the contractor will be charged with a penalty of amount equivalent to all balance payment which have become
due. Also, due to obstruction the contractor will have waive any points of discussions and the Owner has the right to take legal
action
5.34.13 Termination by Contractor
5.34.13.1 The Contractor shall be entitled to terminate the Contract, if:
a) It has accrued the right to terminate the Contract pursuant to clauses above after the expiry of all notice periods contained
therein;
b) Non-payment by the Owner of an undisputed amount exceeds ninety (90) consecutive days; in which case the Contractor
shall be obliged to notify the Owner in writing of its election to terminate the Contract.
5.34.13.2 If the Contract is terminated by the Contractor pursuant to clause 5.33.7, the Contractor shall be entitled to payment in
accordance with clause 5.33.2
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5.34.14 Any termination hereunder shall be without prejudice to the Owner’s other rights, powers and remedies under the Contract with
respect to the Contractor.
5.35 OPTIONAL TERMINATION
5.35.1 The PMC (Planedge Consultant Pvt. Ltd) may, as its option, terminate for convenience any of the Work under the Contract in
whole or in part, at any time by prior written notice to the Contractor. Such notice shall specify the extent to which the
performance of the Work is terminated and the effective date of such termination, being not less than fourteen (14) days from the
date of such notice. Upon receipt of such notice the Contractor shall:
5.35.1.1 Immediately discontinue the Work on the date and to the extent specified in the notice and place no further Sub-Contracts
other than as may be required for completion of such portion of the Work that is not terminated;
5.35.1.2 Promptly obtain cancellation upon terms satisfactory to PMC (Planedge Consultant Pvt. Ltd) of all, Sub-Contracts, or any
other agreements existing for the performance of the terminated Work or assign those agreements as directed by PMC
(Planedge Consultant Pvt. Ltd);
5.35.1.3 Assist the PMC (Planedge Consultant Pvt. Ltd) in the maintenance, protection, and disposition of Work in progress, plant,
tools, equipment, property, and materials acquired by Contractor or furnished by the Owner under the Contract, and
5.35.1.4 Complete performance of such portion of the Work which is not terminated.
5.35.2 Upon any such termination, the Contractor shall waive any claims for damages including loss of anticipated profits, on account
thereof, the Owner shall pay the Contractor in accordance to below:
5.35.2.1 All amounts due and not previously paid to the Contractor for Work completed in accordance with the Contract prior to such
notice of termination, and for Work thereafter completed as specified in such notice, and
5.35.2.2 The reasonable and auditable Costs incurred in demobilization and the disposition of residual Material, and Contractor’s
Equipment.
5.35.3 The Contractor shall submit within fifteen (15) calendar days after receipt of the notice of termination, a proposal for an
adjustment to the Contract Price and/or Schedule including all incurred Costs described herein. The PMC (Planedge Consultant
Pvt. Ltd) shall review, analyse, and verify such proposal, and negotiate an equitable adjustment, and the Contract shall be
amended in writing accordingly.
5.36 FORCE MAJEURE
5.36.1 Events of Force Majeure shall mean any event or combination of events or circumstances beyond the control of any party and
which could not have been reasonably anticipated by a prudent person, and which cannot; by the exercise of reasonable
diligence; or despite the adoption of reasonable precaution and/or alternative measures be prevented, or caused to be prevented,
and which materially and adversely affects a party's ability to perform obligations under this Contract including but not limited to:
5.36.1.1 Natural disasters (lightning, earthquakes, flood, cyclones, and Exceptional Weather Conditions);
5.36.1.2 Acts of war (whether declared or not), revolution, riots or civil commotion, rebellion, terrorism;
5.36.1.3 Epidemic or plague;
5.36.2 Neither the Owner nor the Contractor shall be liable for any failure to perform any right and/or obligation of the Contract, if any
such right and/or obligation has been delayed, hindered, interfered with or prevented by an event of Force Majeure which for the
purpose of the Contract shall mean any of the events mentioned in clause 5.36.1 arising after the Effective Date but only if and to
the extent that:
5.36.2.1 Such event or circumstances occur within the Republic of India, or its territorial waters;
5.36.2.2 such event or circumstances are beyond all reasonable control, directly or indirectly, of the Party affected and could not
have been avoided, overcome or remedied if the affected Party had acted in accordance with Good Industry Practice;
5.36.2.3 Such event or circumstances, despite the exercise of reasonable diligence, cannot be prevented, or removed by such
Party;
5.36.2.4 Such event or circumstances materially adversely affects the ability of the affected Party to fulfil its obligations under the
Contract;
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5.36.2.5 The affected Party has taken all reasonable precaution, due care and reasonable alternative measures in accordance with
Good Industry Practice to avoid the effect of such event and the affected Parties’ ability to fulfil its rights and/or obligations
under the Contract and to mitigate the consequences thereof; and
5.36.2.6 Such event or circumstance is not the result of any failure of such a Party to perform any of its obligations under the
Contract.
5.36.3 Notwithstanding the foregoing, an event of Force Majeure shall not include:
5.36.3.1 The late performance by the Contractor caused by the acts or omissions of any Sub-Contractors (other than as so caused
by an event of Force Majeure); or
5.36.3.2 The failure of any Party to obtain, maintain or renew any Permit or the subsequent change in the terms or conditions of any
Permit after the date of its issue;
5.36.3.3 Adverse weather conditions, being weather conditions less severe than Exceptional Weather Conditions and which shall
include, but not be limited to, monsoons or similar weather and environmental conditions;
5.36.3.4 The late delivery of Goods, fuel or utilities to the Work Site; or
5.36.3.5 The insufficiency of funds.
5.36.4 Notice of Force Majeure
5.36.4.1 The affected Party shall give notice to the other Party of the event of Force Majeure as soon as it is reasonably practicable,
but not later than seven (7) days after the date on which the affected Party knew or should reasonably have known of the
commencement of the event of Force Majeure giving brief details of the event, its effect and an indicative estimate of its
likely duration.
5.36.4.2 As soon as practicable and in any event within seven (7) days after the notice specified in clause a further notice shall be
given by the affected Party which shall, inter alia, specify:
5.36.4.2.1 The nature of the Force Majeure event;
5.36.4.2.2 The date and time when the affected Party was affected by the Force Majeure event;
5.36.4.2.3 Details of the adverse effect that such event of Force Majeure is having on the affected Party in the
performance of its obligations;
5.36.4.2.4 The measures which the affected Party has taken, or proposes to take, to alleviate and mitigate the impact
of such event of Force Majeure in accordance with Good Industry Practice;
5.36.4.2.5 An estimate of the likely period of time the affected Party shall be unable to perform its obligations under the
Contract by the event of Force Majeure;
5.36.5 Upon the occurrence of any event of Force Majeure, the PMC (Planedge Consultant Pvt. Ltd) and the Contractor shall endeavor
to continue to perform their rights and/or obligations under the Contract so far as reasonably practicable and the Contractor shall
during such period of Force Majeure protect and secure the Work in accordance with Good Industry Practice and otherwise in
such manner as the PMC (Planedge Consultant Pvt. Ltd) shall reasonably require. The Contractor shall notify the PMC
(Planedge Consultant Pvt. Ltd) of the steps it proposes to take, including any reasonable alternative means for performance of its
Work which are not prevented by the event of Force Majeure. The PMC (Planedge Consultant Pvt. Ltd) and the Contractor shall:
5.36.5.1 Make all reasonable efforts to prevent and reduce to a minimum and mitigate the material adverse effect of the event of
Force Majeure in accordance with Good Industry Practice, including recourse to alternate acceptable sources of services,
Owner’s and Contractor’s Equipment, and Materials; and
5.36.5.2 Shall use their best efforts to ensure resumption of normal performance of the Contract after the occurrence of any event of
Force Majeure and shall perform their obligations to the maximum extent practicable as agreed between the Parties. Upon
cessation of any event of Force Majeure, the affected Party shall promptly notify the other Party of the date of the
cessation.
5.36.6 Reporting Requirements
For so long as the affected Party continues to claim to be affected by the event of Force Majeure, it shall provide the other
Party with regular (and not less than monthly) written reports containing the regular standard information and such other
information as the other Party and/or the Maharashtra Government Board may reasonably request from time to time.
5.36.7 Force Majeure Consequences
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If either the Owner or the Contractor becomes unable to perform all or part of its obligations under the Contract because of
an event of Force Majeure such party shall be permitted to delay the performance of its obligations affected by the event of
Force Majeure and if the Contractor is so affected, in respect of its obligations an adjustment to the Time for Completion
commensurate to the delay directly caused by the event of Force Majeure shall be granted. In calculating the adjustment of
the Time for Completion, the Parties shall take into account the ability of the Contractor to reschedule activities under the
Contract so as to minimize overall delays resulting from the event of Force Majeure. The Contractor shall not be entitled to
make any claim for costs and/or expenses incurred as a direct or indirect result of such event of Force Majeure.
5.36.8 Damage to Works
In the event that the Work is damaged pursuant to an event of Force Majeure the Contractor shall be obliged to make good
the loss and damage at its own expense insofar as such costs are covered by the insurance policy and recovered by the
Contractor. Herein it is prime most important to have an insurance cover of adequate value and amount.
5.36.9 Termination for Prolonged Force Majeure
Either the Owner or the Contractor (but in the case of the Contractor subject to the fulfillment of its obligations under clause
5.37.4) may terminate the Contract as aforesaid if any event or events of Force Majeure exceed ninety (90) consecutive
days or one hundred and eighty (180) cumulative days in any one calendar year upon giving thirty (30) days’ prior written
notice to the other Party.
5.37 INSURANCE AND STATUTORY MATTERS:
5.37.1 The Contractor to whom the work is assigned shall insure all material and labour from all damages, accidents and injury to
persons and pay an appropriate premium for the purpose. No Separate consideration shall be paid to the Contractor on account
of payment of any such Insurance premiums. Quotations should include any such amounts in the rates. All copies of insurance
or documents as submitted by the contractor shall be specifically in the name of the Project and the Owner.
5.37.2 Without limiting the other obligations and responsibilities under this Contract, the Contractor shall within 15 days of acceptance of
Tender, obtain and submit to the PMC (Planedge Consultant Pvt. Ltd), the following Policies from approved Insurance
Companies.
5.37.2.1 Contractors All Risk Insurance Policy in the joint names of the Owner and Contractor for the full value of the Contract for
the period up to completion of the work, including the Defects Liability Period;
5.37.2.2 Policy to cover loss and / or damage to Materials, buildings or property arising out of any cause whatsoever, including fire,
theft, lightning, explosions, earthquakes, storms, floods, inclement weather, landslides, aerial objects, etc. and riots, civil
commotions or other disturbances.
5.37.2.3 Third party insurance to cover injury / death / damage to third parties, including the staff of the Owners, PMC, Consultants
or any other visitors for a minimum amount of Rupees ten lakhs (Rs. 10,00,000/-) per occurrence, the number of
occurrences being unlimited.
5.37.2.4 Policies to cover Contractor’s liabilities under the latest amendments of the Workmen’s Compensation Act, 1923, Minimum
Wages Act, 1948, Contract Labour (Regulation & Arbitration) Act, 1970, and other relevant Acts as may be in force and
applicable. All Insurance Policies shall be drawn in favour of “Thanish construction LLP” and shall be deposited with the
Owner. The validity period of all such policies shall cover the entire duration of the Contract.
5.37.3 Insurance Policies shall cover ALL the sub-contractors, agents, staff etc. of the Contractor and all personnel engaged in any work
on the project site of the Owner. Copy of all the premium paid challans to be submitted along with the RA bills
5.37.4 All policy premiums shall be paid by the Contractor and are NOT reimbursable.
5.37.5 If the Contractor fails to affect the required insurance, the Owner may purchase all such required policies and debit the premiums
paid and other expenses incurred to the Contractors Running Bill account.
5.37.6 Upon settlement of any claim under the aforesaid Insurance policies, the Contractor, with due diligence, shall restore the work
damaged, replace or repair unfixed materials or goods, which may have been damaged or destroyed, remove and dispose any
debris, and proceed with the construction work.
5.37.7 All monies received from such insurances shall be released to the Contractor in instalments under the certificate of the PMC
(Planedge Consultant Pvt. Ltd) issued with the interim R.A. Bill certificates. The Contractor shall NOT be entitled to any payment
in respect of the restoration of damaged work, the placement and repair of any unfixed material, and the removal and disposal of
debris, other than the monies received under the said Insurance covers.
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5.37.8 The Owner will NOT be liable for any compensation or re-imbursement to the Contractor for any accident, damage or injury to
material or personnel.
5.37.9 The Contractor shall also abide with all statutory regulations in respect of Labour payments and follow all directives of the
Government under ESIS, Labour Laws or any other requirement. The Owner shall NOT bear any legal liability in any such
statutory matters. The Contractor shall resolve all such matters at his own cost.
5.37.10 The Owner shall also remain completely indemnified in respect of all matters relating to statutory levies such as ESIS, Provident
Fund, Gratuity, etc. of all your employees on the project site. All records and books pertaining to these matters as per statutory
requirements shall be maintained on the project site and these shall be available for inspection on demand by any Government or
PMC (Planedge Consultant Pvt. Ltd) Official at all times. Any financial liability in these matters shall be borne entirely by the
Contractor and no compensation or extra payments shall be made by the Owner on this account.
5.38 CONTRACTOR-FURNISHED DRAWINGS, DATA AND SAMPLES
5.38.1 The Contractor undertakes that the Contractor's Documents, the execution and the completed Work will be in accordance with:-
5.38.1.1 The Statutory Requirements;
5.38.1.2 The standards specified in the Contract Specification;
5.38.1.3 The contract
5.38.1.4 Any written instructions given by the PMC (Planedge Consultants Pvt. Ltd.)
5.38.2 The Contractor warrants to the Owner that:
5.38.2.1 It shall not use materials for incorporation into the Work which are generally recognised as being deleterious or to be
avoided in any case for the purpose for which they are to be applied; and
5.38.2.2 On the instruction of the PMC (Planedge consultants Pvt. Ltd.) any material unacceptable should be immediately removed
from site.
5.38.2.3 The Work shall, at all times, be kept clear and free of all liens and encumbrances.
5.38.3 Drawings
5.38.3.1 The contractor shall ensure to work on hard copy print of “Good For Construction (GFC)” Drawings. At any time no soft
copies of drawings shall be referred for the work.
5.38.3.2 It shall be the contractors’ responsibility to study all the drawings completely and acquire clarity of the work before
commencement. Any discrepancies/errors in the drawings shall be notified to the PMC(Planedge Consultant Pvt. Ltd.) and
get rectified before commencement of work.
5.38.3.3 It shall be the contractors’ responsibility to ensure the use latest revisions of GFC drawings on site. PMC (Planedge
Consultant Pvt. Ltd.) shall be solely responsible to issue proper GFC drawings to the contractor.
5.38.3.4 At completion of all works the contractor shall submit with the final RA bill a complete set of as Built drawings modified as
per work done on site.
5.38.3.5 At the completion of the Works, the Contractor shall return to the PMC (Planedge Consultant Pvt. Ltd.) all Drawings
provided under the Contract.
5.38.4 Contractor’s Documents
5.38.4.1 The Contractor shall comply with all reasonable requests for information relating to any part of the Work from the Owner at
any time and from time to time.
5.38.4.2 The Contractor shall provide to the Owner all and any information relating to any part of the Works which is requested by
the Owner and which may be necessary from time to time for the Owner to provide to any Government Authority.
5.38.4.3 Any review, comment, approval or consent provided by the Owner in accordance with the Contract Procedures of
Contractor’s Documents Sub-Contractors or any other matter under the Contract shall not relieve the Contractor of any of
its liabilities or responsibilities under the Contract or entitle the Contractor to any extension of time or Cost.
5.38.5 Samples
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5.38.5.1 Where samples of Materials are required, they shall be submitted by and at the expense of the Contractor. Such submittals
shall be made not less than twenty (20) calendar days prior to the time that the Materials represented by such samples are
needed for incorporation into the Work. Samples shall be subject to review by the Owner or its authorized representative
and Materials represented by such samples shall not be manufactured, delivered to the Site or incorporated into the Work
without such review.
5.38.5.2 Each sample shall bear a label showing the Contractor's name, the Project name, Contract number, the name of the item,
the manufacturer's name, the brand name, the model number, the supplier's name, and the reference to the appropriate
drawing number, section of the Contract Specification and paragraph number, all as applicable.
5.38.5.3 The samples which have been reviewed may, at the Owner's option, be returned to the Contractor for incorporation into the
Work.
5.38.6 Data and Certificates
5.38.6.1 Where certificates are required, three (3) copies of each such certificate shall be submitted by and at the expense of
Contractor. Such submittal shall be made not less than twenty (20) calendar days prior to the time that the Materials
represented by such certificates are needed for incorporation into the Work. Certificates shall be subject to review by the
PMC (Planedge consultants Pvt. Ltd.) or Owner's authorized representative and the Material represented by such
certificates shall not be fabricated, delivered to the Site or incorporated into the Work without such review.
5.38.6.2 Certificates shall clearly identify the Material being certified and shall include but not be limited to providing the following
information: the Contractor's name, the Project name, the Contract number, the name of the item, the manufacturer's
name, and the reference to the appropriate drawing, section of the Contract Specification and paragraph number, all as
applicable.
5.38.7 Owner’s Use of Contractor’s Documents
5.38.7.1 The Contractor with full title guarantee hereby assigns to the Owner with effect from the date of the Contract or, in the case
of documents not yet in existence with effect from the creation thereof and notwithstanding the completion or abandonment
of the Work or determination or alleged determination of the Contract all Intellectual Property Rights in the Contractor’s
Documents which have been or are hereafter prepared by or on behalf of the Contractor in the course of performing its
obligations under the Contract.
5.38.7.2 Where the Contractor demonstrates to the satisfaction of the Owner that such assignment has not been possible or is in
any way not effective to vest full title in the Owner the Contractor shall grant to the Owner an irrevocable royalty free world
wide nonexclusive license for any purpose whatsoever connected with the Project to the Contractor’s Documents. Such
license shall carry the right to grant sub-licenses and shall be freely assignable to any person in proper possession of the
Project or any part thereof and the Affiliates. In the case of Contractor’s Documents which are in the form of computer
programs and software, the Contractor shall permit their use by the Owner and its Affiliates (and any person in proper
possession of the Project or any part thereof).
5.38.7.3 The Owner shall retain all Intellectual Property Rights in the Rely upon Information and all other documents made by (or on
behalf of) either Owner or the Owner consultants or the Contractor or the contractor representatives. The Contractor shall
return forthwith or shall procure the return forthwith of all such documents supplied by the Owner to the Contractor upon the
earlier of:
5.38.7.3.1 Termination of the Contract for whatever reason; or
5.38.7.3.2 The issue under the Contract of the Final Acceptance Certificate.
5.39 CONTRACT SCHEDULE
5.39.1 The Contractor shall, develop and submit to the PMC (Planedge Consultant Pvt. Ltd) for approval a Detailed Execution Schedule
(Micro Schedule) within fifteen (15) days from the Effective Date. Such Detailed Execution Schedule shall be prepared in
accordance with the requirements of the Contract Schedule and shall represent the detailed plan of execution of the Work by the
Contractor and shall be binding, upon Owner approval, upon the Contractor for the performance of the Work.
5.39.2 The Contractor shall monitor, revise and update the Contract Schedule and Detailed Execution Schedule (Micro Schedule) in the
manner and within the time periods required by the Project Management Schedule. This schedule shall be monitored on weekly
basis.
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5.39.3 The submission of a modified Contract Schedule and/or Detailed Execution Schedule shall not have effect as a claim for an
adjustment of the Time for Completion nor shall any comment on such modified schedule have effect as the granting of an
adjustment to the Time for Completion.
5.39.4 During the performance of the Work, the Contractor shall submit to the PMC (Planedge Consultant Pvt. Ltd) periodic progress
reports in duplicate on the actual progress of the Work. Such progress reports shall be submitted in accordance with the
requirements of the Contract Procedures or as required by the PMC (Planedge Consultant Pvt. Ltd). Such progress reports shall
include the following:
5.39.4.1 Weekly - A report containing a description of work in progress, work planned in the following period, critical actions, areas of
concern and corrective actions, safety matters and a summary labour status with forecast of requirements for the following
month.
5.39.4.2 Daily - A daily work in progress, labour force and plant and equipment report.
5.40 TEMPORARY ACCESS AND HAUL ROADS
5.40.1 The Contractor shall be deemed to have been satisfied as to the safety, suitability and availability of Access Routes to the Site.
5.40.2 The PMC (Planedge Consultant Pvt. Ltd) has not and does not guarantee or make any representation as to the suitability or
availability of any Access Routes. If the Contractor subsequently finds any such Access Routes are not suitable or available
during the period of the Contract, it shall not entitle the Contractor to an extension of time or Cost save to the extent that any non-
suitability or non-availability is due to a Force Majeure event.
5.40.3 The Contractor shall, at its expense, construct and maintain temporary access and haul roads other than the Access Route as
may be necessary for the proper performance of the Work. The Contractor shall submit a layout of all proposed roads prior to
road construction.
5.41 SAFETY, HEALTH, FIRE PREVENTION AND SECURITY PROGRAMS
5.41.1 In performance of the Work under the Contract, the Contractor shall comply with the following:
5.41.1.1 The Owner’s Safety and Health Program. If such a document is not provided in the Contract the Contractor shall prepare its
own Safety and Health Program and have it approved by the PMC (Planedge Consultant Pvt. Ltd) before commencing the
Work at the Site. Such program shall be commensurate with the Work and in conformance with the specific requirements of
Owner's Project Safety and Health Plan and shall provide:
Periodic inspection by the safety representative(s) of the Contractor's work and storage areas to assure safe conditions
and practices;
Immediate reporting of any and all deaths, injuries and damage to property to the PMC (Planedge Consultant Pvt. Ltd);
Full co-operation in the conduct of inspections by the PMC (Planedge Consultant Pvt. Ltd), and/or its representatives,
Governmental Authorities and other agencies of competent jurisdiction. Copies of citation notices by Governmental
Authorities or other agencies of competent jurisdiction shall be submitted to the PMC (Planedge Consultant Pvt. Ltd)
immediately upon receipt;
Compliance with all applicable safety and health related Statutory Requirements;
Immediate correction by the Contractor of any unsafe conditions or unsafe acts by its employees.
The Owner’s Fire Prevention Program enclosed in the Contract. If such a document is not provided in the Contract,
then the Contractor shall prepare its own Fire Prevention Program and have it approved by the PMC (Planedge
Consultant Pvt. Ltd) before commencing the Work at the Site. Such program shall include:
Restriction of burning to designated areas. No unauthorized fires shall be permitted on the Site;
Assignment of fire watches, trained and equipped to prevent or control fires, for all welding and burning operations;
Proper identification, storing, handling and use of inflammable material to prevent accidental ignition;
adequate fire extinguishing equipment appropriate for the operations being performed shall be provided by the
Contractor and the Contractor's personnel shall be trained in the maintenance and use of such equipment;
The Contractor shall prepare a Security Program and have it approved by the PMC (Planedge Consultant Pvt. Ltd)
before commencing the Work at the Site. Such program shall include:
Provision of safety nets around the building.
Provision of safety signage wherever required or as directed by site in charge Labour safety gears including, gloves, helmets, safety belts, etc.
Controlled access to office, warehouse, Materials and Contractor’s Equipment sites;
Accountability procedures for the Materials and Contractor’s Equipment;
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Periodic security checks of all Work Areas assigned to the Contractor;
Coordination and compliance with Project security programs;
Prompt reporting of incidents of loss, theft or vandalism to the PMC (Planedge Consultant Pvt. Ltd),
subsequently detailed in writing.
5.42 EXPLOSIVES
No explosives shall be used in the performance of the Work unless written approval is obtained from the Owner after explaining
in complete details the purpose and method of use of the same.
5.43 MEASUREMENT FOR PAYMENT AND PAYMENT FOR WORK
5.43.1.1 The Contractor shall submit an invoice in accordance with the payment provisions of this Contract. One (1) original and two (2)
copies of all invoices to the PMC (Planedge Consultant Pvt. Ltd) along with supporting documents shall be submitted to the
Owner for certification, before being processed for payment.
5.43.1.2 No dues Certificate from all the suppliers and vendors to be obtained and submitted along with the bills in every 6 month from the
start of the work.
5.43.1.3 For all bills, the contractor is required to explain, convince and prove the correctness of the requested payments, prior to any
payments being made.
5.43.1.4 Within Seven (7) working days after invoice receipt the PMC (Planedge Consultant Pvt. Ltd) may reject all or part of such invoice
if in the PMC (Planedge Consultant Pvt. Ltd)’s opinion the measurement for payment provisions have not been met, noting the
deficiencies for the Contractor’s correction and compliance with the Contract.
5.43.1.5 Rejection of any bills by PMC (Planedge consultants Pvt. Ltd.) will not be constructed as delay in payments at any point of time.
5.43.2 Payments
5.43.2.1 All payments by the Owner (other than the payment of the Final Payment Certificate) shall be made as 100% within 15
(Fifteen) working days after certification along with relevant supporting documents, and shall be paid through an account
payee Cheque only, payable at Site and shall be subject to deduction of Taxes if any, at source at applicable rates.
5.43.2.2 All payments which has become due will be released after deduction of all material advances paid as on date totality.
5.43.2.3 Any amounts otherwise payable under the Contract may be withheld, in whole or in part, if:
5.43.2.3.1 If the contractor has failed to follow any instructions as given on site in relation to quality of work
5.43.2.3.2 Any claims are filed against the Contractor by the Owner or third parties, or if reasonable evidence indicates the
probability of filing any such claims; or
5.43.2.3.3 The Contractor is in default of any Contract condition including, without limitation, the schedule, quality and safety
requirements.
5.43.2.4 The Owner will pay such withheld payments if the Contractor pays, satisfies or discharges any claim of the Owner or third
parties against the Contractor arising out of or in any way connected with the Contract; or corrects all defaults in the
performance of the Contract.
5.43.2.5 If claims filed against the Contractor connected with performance under the Contract are not promptly discharged by the
Contractor after receipt of written notice from the PMC (Planedge Consultant Pvt. Ltd) to do so, the Owner may discharge
such claims and deduct all costs in connection with such discharge from withheld payments or other monies due, or which
may become due, to the Contractor under the Contract. If the amount of such withheld payment or other monies due to the
Contractor under the Contract is insufficient to meet such costs, or if any claim against the Contractor is discharged by the
Owner after the issue of the Final Payment Certificate, the Contractor shall promptly pay the Owner all costs incurred thereby
regardless of when such claim arose.
5.43.2.6 No payments of invoices or portions thereof shall at any time constitute approval or Provisional Acceptance of the Work
under the Contract, nor be considered to be a waiver by the Owner of any of the terms of the Contract.
5.43.2.7 Performance of the Work shall continue without interruption or slow down notwithstanding any disagreement on the
application or interpretation of any of the Contract.
5.43.3 Issue of the Final Payment Certificate
5.43.3.1 Upon receipt by the Contractor of the PMC (Planedge Consultant Pvt. Ltd)'s Certificate of Virtual Completion under this
Contract, the Contractor shall prepare a written statement for the PMC (Planedge Consultant Pvt. Ltd)'s approval of the
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amount and other Work satisfactorily completed under the Contract. Upon the PMC (Planedge Consultant Pvt. Ltd)'s
approval of such statement, the Contractor shall prepare and submit its final invoice(s) under the Contract in accordance with
the approved statement along with A final No dues Certificate from all sub-contractors, suppliers and vendors any other
agencies opted to complete the contracted work in a prescribed format .
5.43.3.2 After receiving the Contractor’s final invoice and written discharge, the PMC (Planedge Consultant Pvt. Ltd) shall issue the
Final Payment Certificate which shall state:
5.43.3.2.1 The amount which is finally due, and
5.43.3.2.2 After giving credit to the Owner for all amounts previously paid by the Owner and for all sums to which the Owner is
entitled, the balance (if any) due from the Owner to the Contractor or from the Contractor to the Owner, as the case
may be.
5.43.3.3 If the Contractor has not applied for a Final Payment Certificate, the PMC (Planedge Consultant Pvt. Ltd) shall request the
Contractor in writing to do so. If the Contractor fails to submit an application within a period of twenty eight (28) days after
receipt of a written request to do so, the PMC (Planedge Consultant Pvt. Ltd) shall issue the Final Payment Certificate for
such amount as it fairly determines to be due.
5.43.4 Cessation of Owner's liability
The Owner shall not be liable to the Contractor for any matter or thing under or in connection with the Contract or execution of the
Work, except to the extent that the Contractor shall have included an amount expressly for it in the Final Statement.
5.44 LABOUR/SITE REQUIREMENTS
5.44.1 The Contractor shall at all times take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by or
amongst its and its Sub-Contractors and employees and for the preservation of peace and protection of persons and property in
the vicinity of the Site
5.44.2 The Contractor shall keep its and its Sub-Contractors', vessels, labour colonies, offices and the Work Areas of the employees
clean and neat to the entire satisfaction of the PMC (Planedge Consultant Pvt. Ltd). Proper sanitary arrangements in the Work
Areas and office areas of the Contractor and its Sub-Contractors shall be provided by the Contractor.
5.44.3 The Contractor shall give the PMC (Planedge Consultant Pvt. Ltd) prompt written notice of any labour dispute or anticipated
labour dispute which may be expected to affect the performance of any part of the Work.
5.45 APPLICABLE LAW
The Contract shall be governed by and interpreted in accordance with the laws in force in India.
5.46 NOTIFICATIONS OF SUITS AND ACTIONS
The Contractor shall give the PMC (Planedge Consultant Pvt. Ltd) prompt notice in writing of any suit or action filed against it.
The Contractor shall promptly furnish to the PMC (Planedge Consultant Pvt. Ltd) copies of all papers received by the Contractor
pertinent to any such suit or action in its possession from time to time.
5.47 OWNER’S RIGHT TO DEFEND SUITS AND ACTIONS
The Contractor, if requested by the Owner, shall do any and all things necessary or appropriate to effect any assignment and
subrogation in favour of the Owner of all of the Contractor’s rights and claims arising from or growing out of any suit shall
authorize representatives of the Owner to exercise any such rights and settle or defend any such claims or take charge of any
such litigation affecting the Owner at the Contractor’s cost.
5.48 SETTLEMENT OF DISPUTES
5.48.1 Subject as otherwise specified in this Contract, if any dispute or difference arises out of or relates to this Contract whether during
the progress of the Work or after its completion or whether before or after the termination, abandonment or breach of the
Contract and such dispute or difference cannot be resolved by the Contractor and Owner, either Party shall, within thirty (30)
calendar days, give the other notice in writing of the existence of such dispute, specifying its nature and the point at issue. The
notice shall also include a detailed description of the facts of the dispute with relevant dates, names of personnel involved,
references to relevant documentation (with copies attached), the pertinent Contract provision(s), and a statement of contentions
and conclusions.
5.48.2 Upon providing such notice the Parties shall first endeavor to settle the dispute or difference in an amicable manner through
direct discussions among the PMC (Planedge consultants Pvt. Ltd.), Owner and the Contractor. Upon such direct discussions if
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either Party believes, for any reason whatsoever, that a satisfactory resolution of the matter cannot be reached, it may give a
written notice of that belief to the other Party and proceed to arbitration in the manner hereinafter provided.
5.48.3 An arbitral tribunal (the “Tribunal”) shall be established in conformity with the Rules of Indian Arbitration and Conciliation Act 1996
in force at the time such arbitration is commenced. Each Party shall appoint an arbitrator within thirty (30) days of the date of a
request to initiate arbitration; the arbitrator such appointed will be approved by the PMC (Planedge consultants Pvt. Ltd). The two
appointed arbitrators will then jointly appoint a third arbitrator within thirty (30) days of the date of the appointment of the second
arbitrator, who shall act as Chairman of the Tribunal. Arbitrators not appointed within 30 days of any such event.
5.48.4 The arbitration shall be conducted, commenced and pursuant to the Indian Arbitration and Conciliation Act 1996, as amended,
supplemented, or superseded (“the Indian Arbitration Act”). The place of arbitration shall be Pune, India. The language of the
arbitration shall be English. The arbitrators shall apply the substantive law of India (exclusive of choice of law principles) in
resolving the dispute.
5.48.5 Any monetary award shall be in rupees. The award of the arbitrators shall be kept confidential, and no party shall disclose the
award or the substance of the award or any portion thereof to any other person or entity, except to the extent necessary to
comply with any applicable law, regulation, or order of any court, agency, or regulatory authority; or to make appropriate filings
with any stock exchange or in court proceedings relating to any application concerning the award that is made by any party
pursuant to the Indian Arbitration Act; provided, however, that the award may be disclosed to the Architect, any affiliate,
shareholder, or lender of any Party to the arbitration proceeding if such affiliate, shareholder, or lender agrees to maintain the
confidentiality of the award to the extent required by this paragraph.
5.48.6 The award rendered in any arbitration commenced hereunder shall be final and binding upon the Parties. The Parties hereby
waive any rights of application or appeal to any courts to the fullest extent permitted by law in connection with any question
of law arising in the course of the arbitration or with respect to any award made. In addition, the Parties agree that neither party
shall have any right to commence or maintain any suit or legal proceeding concerning a Dispute hereunder until the Dispute has
been determined in accordance with the arbitration procedure provided for herein and then only to enforce or facilitate the
execution of the award rendered in such arbitration.
5.48.7 The obligation to arbitrate under this clause is binding on the Parties, successors and assigns. For purposes of appointing
arbitrators, any party, successors and assigns shall jointly appoint such party’s arbitrator.
5.48.8 Performance of the Contract shall continue during arbitration proceedings unless the Owner shall order a suspension of the Work
in accordance with the provisions of the Contract.
5.49 QUALITY ASSURANCE PROGRAMME
5.49.1 The Contractor shall submit within three (3) weeks of the Effective Date its Quality Assurance Programme and Quality Control
Programme in accordance with this Contract to the PMC (Planedge Consultant Pvt. Ltd) for approval. The Quality Assurance
Programme shall include, but not be limited to, the quality manual, Contract quality plan, procedures with sample forms and flow
diagrams. At the same time, the Contractor shall submit the various organization charts, procedures, personnel details and other
related documentation.
5.49.2 The Quality Control Programme shall conform to ISO 9000 or equivalent as identified in the Contract and be subject to approval
by the PMC (Planedge Consultant Pvt. Ltd). The Contract quality plan shall include quality plans from all Sub-Contractors.
5.49.3 The PMC (Planedge Consultant Pvt. Ltd) reserves the right to assess the Contractor's quality management system during
execution of the Work to determine that the Contractor is adhering to the approved Quality Assurance Programme. Failure of the
Contractor to adhere to the Quality Assurance Programme shall entitle the PMC (Planedge Consultant Pvt. Ltd) to withhold
payment for any Work that is not performed in accordance with the said Quality Assurance Programme.
5.49.4 The Contractor shall incorporate into its Quality Assurance Programme any additional requirements that it knows from its own
experience will be necessary for proper quality control of the Work and shall submit the same for approval by the PMC (Planedge
Consultants Pvt. Ltd).
5.49.5 The Contractor shall implement its approved Quality Assurance Programme from commencement of the Work until Final
Acceptance.
5.49.6 Compliance with the Quality Assurance Programme shall not relieve the Contractor of any of its duties, obligations or
responsibilities under the Contract.
5.50 EMPLOYEES OF OTHER SUB CONTRACTORS
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5.50.1 The Contractor shall not employ or engage in the performance of the Work employees or any contractors of any other Contractor
working at the Site without written consent of the other Contractor.
5.50.2 The Contractor shall not recruit staff and/or labour from amongst the PMC (Planedge Consultant Pvt. Ltd) / Owner’s personnel.
5.51 COMMISSION PAYMENTS/BUSINESS STANDARDS
5.51.1 The Contractor represents and agrees that no person or any entity has been retained or employed to solicit the Contract upon
any arrangement or understanding for the payment of any commission, fee or other compensation of any kind, except for
payments to bona fide employees of the Contractor. The Contractor further represents that neither it nor any of its affiliated
companies, Sub-Contractors nor any of their affiliated companies nor any of their respective officers, directors, employees or
agents have made, received, provided or offered, and the Contractor agrees that neither it nor any such other entity or person
shall make, receive, provide or offer, any gift, entertainment, payment, loan or other consideration for the purpose of influencing
the procurement of any Contractors’ Equipment or Materials or the acceptance of any particular Sub-Contractor or otherwise to
any course of conduct in any way relating to or affecting the Contract. Breach of the foregoing warranties or agreements shall
constitute a material breach of this Contract which is not capable of remedy and shall give the Owner the right to terminate this
Contract.
5.51.2 The Contractor shall establish and maintain appropriate business standards, procedures and controls to avoid any real or
apparent impropriety or adverse impact on the interests of the Owner or its Affiliates and shall in all respects comply with the
Business Principles.
5.51.3 All payments by the Owner to the Contractor will be received by the Contractor for its own account and the Contractor is not
authorized to and shall not offer, give or promise any part of such payments directly or indirectly to any government, political party
or official thereof, or any candidate for political office, to any officers, director, employee or other agent or representative of any
instrumentality of any Governmental Authority (in each case, in its official capacity) in order to influence any substantive decision
of, or induce any party or person to use its influence to offset any substantive decision of any Governmental Authority in regard to
any aspect of the Contract or the activities to be carried out hereunder.
5.51.4 The Contractor shall exercise all reasonable care and diligence to prevent any actions or conditions during the currency of the
Contract which could result in a conflict of interest with those of the PMC (Planedge Consultant Pvt. Ltd)/Owner. This obligation
shall apply to the activities of the employees, agents and Sub-Contractors of the Contractor in their relations with the employees
of the PMC (Planedge Consultant Pvt. Ltd)/Owner, their families and third parties. Compliance by the Contractor with this
requirement shall include, but shall not be limited to establishing precautions to prevent its employees or agents or those of its
suppliers and Sub-Contractors from meeting, receiving, providing or offering any gifts, entertainment, payments, loans or other
considerations for the purposes of influencing individuals to act contrary to the PMC (Planedge Consultant Pvt. Ltd)’s/Owner’s
interests.
5.52 PROVISIONAL ACCEPTANCE
5.52.1 The Contractor shall achieve Provisional Acceptance when:
5.52.1.1 the Work has been completed in accordance with the Contract except in the reasonable opinion of the PMC (Planedge
Consultant Pvt. Ltd) in minor respects which will not prevent the safe, efficient and full use and/or operation of the Work for
their intended purpose;
5.52.1.2 All testing requirements have been passed and the Performance Requirements satisfied;
5.52.1.3 All requirements in the Contract Specification have been satisfied;
5.52.1.4 All undisputed liquidated damages, if any, have been paid to the Owner.
5.52.2 The Contractor may by written notice to the PMC (Planedge Consultant Pvt. Ltd) apply for the Certificate of Virtual Completion
not earlier than seven (7) days before it considers the requirements of clause 5.52.1 will be achieved. The application shall be
accompanied by:
5.52.2.1 A certificate from the Contractor that, in its reasonable opinion, the Work have been completed in accordance with the
Contract, except for minor items specified in a Schedule of Defects appended to the application annexed to each item the
date of completion which shall not be later than thirty (30) days from the date of provisional certificate by which the
Contractor proposes to complete such item; and
5.52.2.2 All other necessary supporting documentation as may be required to support the status of work completion.
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5.52.3 The PMC (Planedge Consultants Pvt. Ltd) may (but shall not be obliged) to consider documentation submitted by the Contractor
after this date in deciding whether to issue the Contractor with the Certificate of Virtual Completion.
5.52.4 The PMC (Planedge Consultant Pvt. Ltd) shall, within seven (7) days of receipt of the Contractor’s application either:
5.52.4.1 issue the Contractor with the Certificate of Virtual Completion stating the date on which the conditions in clause 5.52.1 were
satisfied and listing on a Schedule of Defects all items of the Works to be rectified or completed after issue of the Certificate
of Virtual Completion together with the date they are to be rectified or completed and the estimated value for each item; or
5.52.4.2 reject the application giving its reasons and where appropriate, specifying the work required to be done by the Contractor to
enable the conditions specified in clause 5.51 to be achieved in respect of the Work.
5.52.5 Any item noted on the Certificate of Virtual Completion as requiring rectification or completion shall be rectified or completed
within the time stated in the Certificate of Virtual Completion. In the event that the Contractor fails to rectify or complete the items
listed in the Schedule of Defects by the time stated, the PMC (Planedge Consultant Pvt. Ltd) shall have the right to serve written
notice on the Contractor requiring it to commence the rectification or completion within fourteen (14) days. If the Contractor fails
to commence the rectification or completion within that period or at any time thereafter fails to proceed diligently to effect the
rectification or completion, the PMC (Planedge Consultant Pvt. Ltd) shall have the right to do so, or cause others to do so, and to
retain an amount equal to the costs incurred from the amount which is specified to be paid on completion of all such outstanding
Work. If the relevant Payment Milestone amount is insufficient to cover all costs incurred by the Owner, the Contractor shall on
demand pay to the Owner the difference between the costs incurred by the Owner and the applicable Payment Milestone
amount.
5.53 DEFECTS LIABILITY
5.53.1 The Contractor guarantees and warrants for the duration of the Defects Liability Period that the Work:
5.53.1.1 When complete shall be free from all defects relating to defective Materials or workmanship;
5.53.1.2 Conforms with the Contract and has been constructed in accordance with Good Industry Practice;
5.53.1.3 Complies with all Statutory Requirements in effect at the date of Provisional Acceptance.
5.53.2 During the period of first 6 months of the defect liability period it is mandatory that the contractor maintain at least 1 senior
engineer and 1 supervisor on site to tackle any day to day issues that may arise.
5.53.3 If during the Defects Liability Period in the PMC (Planedge Consultant Pvt. Ltd)’s opinion, the Work or any part thereof are not in
accordance with clause 5.53.1, the PMC (Planedge Consultant Pvt. Ltd) shall as soon as possible notify the Contractor in writing
thereof giving such appropriate supporting data as the PMC (Planedge Consultant Pvt. Ltd) has readily available. Promptly upon
receipt of such notice and subject to the provisions of clause 5.53.1, the Contractor shall repair, replace or correct the Work so as
to ensure that the Work complies with the warranties and is in all respects in accordance with the Contract once all remedial work
has been completed.
5.53.4 The Defects Liability Period for that part of the Work shall recommence in full from the date of re-acceptance by the PMC
(Planedge Consultant Pvt. Ltd) of such part of the Work.
5.53.5 Upon receipt of the PMC (Planedge Consultant Pvt. Ltd)’s notice under clause 5.53.2, the Contractor shall forthwith provide
proposals for complying with its obligations for the Owner’s consideration. Thereupon the PMC (Planedge Consultant Pvt. Ltd)
shall either:
5.53.5.1 Approve the Contractor’s proposals, in which case the Contractor shall rectify the defect in accordance with the proposal
with all possible speed; or
5.53.5.2 suggest alternative proposals such that the Contractor’s obligations in clause 5.53.2 are fully complied with in which case
the Contractor shall rectify the defect in accordance with the PMC (Planedge Consultant Pvt. Ltd)’s alternative proposals
with all possible speed.
5.53.6 The Contractor shall keep the PMC (Planedge Consultant Pvt. Ltd) advised of the costs associated with the remedial work and
the progress towards completion of the remedial work.
5.53.7 The costs to the Contractor resulting from the fulfilment of its obligations set forth in clause 5.53 shall be for the account of the
Contractor unless the Work at the date of the notification given under clause 5.53.2 are not in accordance with the requirements
of the Contract due to ordinary wear and tear;
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5.53.8 The Contractor shall to the greatest extent practicable, carry out its obligations under clause 5.53 so as not to interfere with the
PMC (Planedge Consultant Pvt. Ltd)’s (including any other contractor engaged by the PMC (Planedge Consultant Pvt. Ltd) or its
Affiliates at the Site) use of the Work.
5.53.9 If required by the PMC (Planedge Consultant Pvt. Ltd), the Contractor shall procure the search for the cause of any defect in the
Work in accordance with the PMC (Planedge Consultant Pvt. Ltd)’s requirements.
5.53.10 If the Contractor does not re-perform its defective Work within a reasonable time after the PMC (Planedge Consultant Pvt. Ltd)
gives notice of a breach of any of the Contractor’s warranties under the Contract; the PMC (Planedge Consultant Pvt. Ltd), after
advising the Contractor in writing, shall be entitled at its option and at the Contractor’s expense and risk to perform or have
performed by third parties such Work as is necessary to remedy or cause to be remedied such breach.
5.53.11 In case of all waterproofing works, Retention of 10% of the amount of work done will be held and the same will be released after
successful completion of 3 years without any defect. During this period any defect as observed by the PMC (Planedge
Consultants Pvt. Ltd.) to the waterproofing works, the Contractor shall repair, replace or correct the Work so as to ensure that the
Work complies with the warranties and is in all respects in accordance with the Contract once all remedial work has been
completed. The Defects Liability Period for that part of the Work shall recommence in full from the date of re-acceptance by the
PMC (Planedge Consultant Pvt. Ltd).
5.53.12 The issue of the Certificate of Virtual Completion by the PMC (Planedge Consultant Pvt. Ltd) and Architect shall not absolve the
Contractor of its responsibilities for the Work executed.
5.54 FINAL ACCEPTANCE CERTIFICATE
5.54.1 The Contractor may apply to the Owner for its Final Acceptance Certificate upon:
5.54.1.1 Completion of the items listed in the Schedule of Defects identified in the Certificate of Virtual Completion;
5.54.1.2 Compliance with the Contractor’s obligations under clause 5.53;
5.54.1.3 The expiry of the Defects Liability Period (subject to any parts of the Works still subject to a Defects Liability pursuant to
clause 5.53).
5.54.2 In its application for the Final Acceptance Certificate, the Contractor shall certify that all making good any defects have been
completed in accordance with the Contract.
5.54.3 The PMC (Planedge Consultant Pvt. Ltd) shall within thirty (30) days of the Contractor’s application either:
5.54.3.1 notify the Contractor that it disputes any matter in the application, in which case the Contractor shall rectify any matter as
notified by the Owner and re-apply for the certificate upon completion thereof; or
5.54.3.2 Issue the Contractor with the Final Acceptance Certificate.
5.54.4 If the Contractor has, despite the exercise of its best efforts, been unable to procure the remediation of a defect in the Work
within the Defects Liability Period the Contractor may apply to the Owner for its Final Acceptance Certificate if:
5.54.4.1 The Contractor would, apart from such defect in the Work, be entitled to apply for its Final Acceptance Certificate; and
5.54.4.2 The Owner and the Contractor have agreed a sum to be paid by the Contractor to the Owner as compensation for such
defect and the Contractor has paid the said compensation.
5.55 CONFIDENTIALITY / PROPERTY RIGHTS IN INFORMATION / ADVERTISING
5.55.1 Confidentiality
5.55.1.1 The Contractor acknowledges that the Confidential Information is confidential and undertakes:
5.55.1.1.1 To use the Confidential Information solely for the purpose of the Contract and no other purpose;
5.55.1.1.2 To keep the Confidential Information at all times in the strictest of confidence;
5.55.1.1.3 Not without the prior written consent of the PMC (Planedge Consultant Pvt. Ltd)/Owner to disclose the Confidential
Information or furnish it to anyone other than its representatives, agents, consultants, Sub-Contractors, or advisors
(each a “Related Party”) who have a legitimate need to know the Confidential Information (or specific parts of it) in
order to perform its or their duties under the Contract. Prior to any disclosure of any Confidential Information to a
Related Party the Contractor shall ensure that such Related Party shall have entered into an agreement containing
provisions relating to Confidential Information on no less onerous terms than those set out in this clause 5.55;
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5.55.1.1.4 Not without the prior written consent of the PMC (Planedge Consultant Pvt. Ltd)/Owner, to disclose the Confidential
Information to any of its partners or other members of any consortium to which it may be a member, from time to time
save where the relevant partner or member has entered into confidentiality agreements with the Owner of any affiliate
which is expressed to be for the benefit of the Owner or its Affiliate on terms no less onerous than those contained in
this clause 5.54.1;
5.55.1.1.5 To inform each Related Party of their obligations of confidentiality pursuant to the Contract, ensure compliance by the
same and be liable for any breach of such obligations by any Related Party and;
5.55.1.1.6 To the extent possible, to keep separate all Confidential Information from all documents and other records of the
Contractor.
5.55.1.1.7 The provisions relating to treatment of Confidential Information contained in clause 5.54.1.1 shall survive the expiry or
termination of the Contract.
5.55.2 In the event that the Contractor is required or requested by order of any Governmental Authority and such order has force of law
to disclose any Confidential Information, then the Contractor will, to the extent permitted by Statutory Requirements prior to
disclosure immediately notify the PMC (Planedge Consultant Pvt. Ltd) or any relevant Affiliate so that an appropriate protection
order and/or any other action can be taken if possible, prior to any disclosure. In the event that such protective order is not, or
cannot, be obtained, then the Contractor may disclose to the appropriate body that portion of the Confidential Information which it
is legally required to disclose and shall use reasonable efforts to obtain assurances that confidential treatment will be accorded to
any Confidential Information so disclosed.
5.55.3 The Contractor agrees that, upon request at any time by the PMC (Planedge Consultant Pvt. Ltd), the Contractor and each
Related Party shall promptly, but in any event within seven (7) days of receipt of written notification from the PMC (Planedge
Consultant Pvt. Ltd):
5.55.3.1 Return all Confidential Information that is in tangible form (including, without limitation, Confidential Information contained in
software or on computer disc) furnished to the Contractor, together with all copies or extracts thereof; and
5.55.3.2 Destroy all analysis, compilations, studies or other documents which have been prepared upon or reflect in any way the
Confidential Information.
5.55.4 Subject to the requirements of the applicable law the Contractor agrees not, without the prior written consent of the Owner, to
make any announcement or communication with any third party regarding the subject matter of the Project and/or the Contract,
any discussions or the existence of legal relations or prospective legal relations between the Parties or that Confidential
Information has either been requested or received.
5.55.5 The Contractor shall procure that each and every Sub-Contract shall contain confidential undertakings on the part of the Sub-
Contractor in substantially similar terms to those entered into by the Contractor and shall use all reasonable endeavors to enforce
the same.
5.56 MODE OF MEASUREMENT AND BILLING
5.56.1 Area Measurement: A fixed and firm area will be considered based on the following points:
For all Billing purposes the following method of calculation of areas will be adopted RCC SLAB AREA 5.56.1.1 The total area under consideration will be end to end area of the slabs; 5.56.1.2 The parking slabs will be considered as 100% of the area. 5.56.1.3 The top terrace slab will be considered as 100% of the area; 5.56.1.4 Attached terraces will be considered as 100% of the area; 5.56.1.5 Deductions will be made to all ducts larger than 1 Sqm. 5.56.1.6 Lift well will be considered as 100% of the area. 5.56.1.7 No additional payment will be done for any elevation features. 5.56.1.8 Bottom of Water tank and lift machine room will be considered as 100%. Top slab will not be considered. 5.56.1.9 Pergolas in concrete if any will be considered as plan area and payable as 100% of the area. 5.56.1.10 Any MS works or MS decking slabs will not be considered in the areas. 5.56.1.11 All chajja for boxes (at the same level as the slabs) or will be considered 100% in the areas; in case of any chajja or
lofts below the slab level area the same will not be considered as area for calculation. The Contractor has to bring any variation in the area to the notice of the Owner/PMC before the pre-bid meeting. No changes, what-so-
ever, will be considered at a later stage.
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6 SPECIFICATIONS
In general the contractor will provide a detailed work methodology for all works and activities to be done by the contractor on site
and the same approved by the PMC (Planedge consultants Pvt. Ltd.). Also he shall provide in detail all specifications and materials
that shall be used during construction including information about the chemical admixtures and other materials. It is mandatory that
all these specification and materials and methods of working to be approved by the PMC. In case PMC is not in approval of the
materials/ chemicals/ specifications they may approve a different system or Product and the contractor is required to follow the
same at all times. Decision by PMC will be binding on the contractor.
During the working of each of the items’ / activities, there may be a requirement of additional provisions for installation of
subsequent activities, such as sleeves for plumbing works, insert plates for fabrication works, slab cut outs, sub frames for
aluminium windows, core cuts etc. Every item is deemed to contain all such provisions as such required during the stage of
installation. There shall not be a separate item for description of the same also there will not be any measurement sheet for such
items.
For further more it is clarified that all housekeeping and dewatering, removal of the muck, all levelling, clearing of drive ways,
access roads etc. will be deemed to be part of contract or to consider the same at the time of fixing a quote. These shall not be paid
for separately.
The work shall generally be carried out as per the latest standard specifications of CENTRAL PWD or relevant I.S. Specifications if
not covered by above. However, in addition the Particular Specifications contained herein shall have to be followed, and will
override the PWD / I.S. Specifications wherever they are at variance.
6.1 GENERAL
6.1.1 Clearance of Site
The site shall be cleared of all debris, shrubs, bushes, trees etc. by the contractor at his own cost, at commencement of work.
However, no tree of any size shall be cut without prior written permission from the Owner. Also any dewatering required to be
done at site at the time of takeover of site will be deemed to be the scope of the contractor
6.1.2 Drawings
6.1.2.1 One set of laminated drawings with index shall be compiled in portfolio form and maintained at site so that these are available
to the Owner, PMC and Consultants whenever they visit the site.
6.1.2.2 The contractor shall maintain one set of drawings for record purposes in which all deviations made at site or otherwise shall
be marked in red. The PMC (Planedge Consultant Pvt. Ltd.) shall ensure compliance.
6.1.2.3 Drawings which are superseded or cancelled shall be withdrawn and not referred to thereafter by Contractor or his staff. All
defects arising out of use of such drawings will have to be rectified by the Contractor without extra charge.
6.1.2.4 All drawings are the property of the PMC and shall be returned on completion of work. No drawing shall be given to any
person not connected with the work.
6.1.2.5 Dimensions: Figured dimensions are in all cases to be followed in preference to scaled sizes. Large scale details take
precedence over small scale drawings. In case of any discrepancy the contractor must ask for clarification from the PMC
before proceeding.
6.1.3 Setting Out:
The contractor is required to execute the work in accordance with the drawings. The Contractor shall carry out precisely the
center line layout on the site as per the center line plan and will be responsible for the correctness of the above and any
inaccuracies are to be rectified at his own expense. The layouts shall be established on site by using Total Station. Contractor
shall require availing latest bench marking technology and adopt GPS point on site at his own cost and the same shall get
approved from the PMC (Planedge Consultants Pvt. Ltd.) on Site.
6.1.3.1 The Contractor shall take levels of the site before setting out and put them on record without extra charge.
6.1.3.2 The contractor shall lay out (outer lines only) all the buildings to be constructed in the site to check that they fit within the site
as per layout plan.
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6.1.4 Work as per Drawings: The work to be carried out is related to the drawings which the Contractor is presumed to have studied,
and includes work at all levels and positions. Nothing extra will be paid for any item on account of its shape, size, location or
other difficult circumstances even if the schedule of quantities makes no distinction, as long as the item is shown in the drawings.
6.1.5 Plant and Machinery: In addition to requirements demanded of the general contractor under the clauses of the conditions of
contract, the Contractor must provide and maintain entirely at his own expense, all machinery set up required for building
construction work on the site. Under NO circumstances, any reason for non-availability of machinery will be entertained. All the
above plant will be of pattern approved by the PMC located in such positions, and erected in such a manner as may be indicated
and approved
6.1.6 Inclement Weather: The contractor shall take the necessary steps at his own expense to protect all building work, labour colony
and personnel and material from the effects of inclement weather.
6.1.7 Samples of Materials: Only materials given in the list of approved make of materials shall be used in the works. In special cases
such as non-availability etc., the PMC (Planedge Consultants Pvt. Ltd.)May allow the use of equivalent materials in which case
the Contractor shall produce all documentation such as catalogues, test certificates etc. relating to the equivalent material for
approval.
6.1.7.1 The PMC (Planedge Consultants Pvt. Ltd.) shall have the right to call for samples of all materials and any materials
subsequently supplied which are not according to approved samples shall not be used or be allowed to remain on the site.
Approved samples shall be labeled and kept in the site office for reference.
6.1.7.2 The PMC (Planedge Consultants Pvt. Ltd.) shall also have the right to ask the Contractor to prepare specimen samples of
workmanship of any item prior to execution of the item. The Contractor shall prepare and display such samples or work at his
own cost for obtaining approval of the PMC (Planedge Consultants Pvt. Ltd.). (Such samples may have to be prepared for
brick masonry work, stone masonry work, plaster, pointing, flooring, paving, or any other item where superior workmanship is
desired)
6.2 PLAIN AND REINFORCED CEMENT CONCRETE WORKS
6.2.1 All work shall be carried out and material provided as per specifications of Central PWD and also conform to relevant B.I.S.
Specifications, and specifications contained herein and shall be to the entire satisfaction of the PMC/ Structural Consultants.
6.2.2 Cement
6.2.2.1 Only Ordinary Portland Cement Grade 43 / 53 / PPC will be used unless specified otherwise. In general the recommended
brands of cement for all works are J K Cement / Vasavadatta / Birla Shakti / Ultratech
6.2.2.2 Cement required for use shall be as fresh as possible and stored on planks raised 15 to 20 cm (about 6” to 8”) above the floor
and stacked 30 cm (about 12”) away from the walls in suitable closed weather-proof buildings at the work site or at the
selected approved location, in such a manner as to prevent deterioration by dampness or moist atmosphere or intrusion of
foreign matter. Cement of different grades shall be stored in separate godowns. Further, cement of different brands and
different batches shall be stored in separate stacks. Cement of different grades or different brands or different batches shall
not be mixed. Cement shall be stored in such a way as to allow the removal and use of cement in chronological order of
receipt i.e. first received being first used. Not more than 15 bags shall be stacked vertically in one pile and the maximum
width of pile shall be 3m.
6.2.2.3 Cement stored for over two months from date of issue from the factory shall not be used.
6.2.3 All cement concrete designated by strength shall be treated as design mix concrete of grade as specified. The contractor shall
get the mix design from the approved laboratory and the same shall be got approved by the PMC (Planedge Consultants Pvt.
Ltd.) before commencement of work.
6.2.4 Grade of Concrete to be used will be as per the drawings and details specified
6.2.5 In any case the minimum cement content in all grades of structural concrete shall be 300 kg per Cum. If additional cement
content is required to achieve the desired strength, it shall be provided without extra charge.
6.2.6 In case of concrete mixing on site only Weigh batching method will be allowed. Volumetric batching will not be allowed.
6.2.7 All structural concrete to use on site will be “Ready Mixed Concrete” from an approved batching plant, if concrete of PCC or other
misc. works needs to be mixed on site it shall be mixed in a mechanical mixer and mechanically vibrated.
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6.2.8 Water cement ratio will be carefully controlled throughout. Moisture content of sand and aggregate and bulkage shall be taken
into account. Graduated litre cans shall be used for this purpose.
6.2.9 Acceptance criteria for Concrete
6.2.9.1 Six test specimens shall be made from each sample for testing at 7 days and 28 days. The test strength of the sample shall
be the average strength of three specimens. The individual variation should not be more than +/- 15 % of average.
6.2.9.2 In order to ensure proper control on the quality of concrete, acceptance criteria as laid down in B.I.S. specification No. IS:
456-2008 has to be followed. Random samples from fresh concrete should be taken as specified in IS: 1199 and cubes
should be made, cured and tested as specified in IS: 516.
6.2.10 Before concreting the foundation strata, steel reinforcement and shuttering shall be inspected and approval taken from PMC
(Planedge Consultants Pvt. Ltd.) / R.C.C.Consultant and a proper system of pour cards in required format established. All
shuttering to be used should be of excellent quality with approval from the PMC (Planedge Consultants Pvt. Ltd.). If the shuttering
is not upto the satisfaction of the Engineer, the Contractor without any discussion will replace the same with better quality
material.
6.2.11 All form work shall be strong enough to withstand the loads coming thereon. Shuttering shall be carried out with plywood sheets
only (Steel plates will not be permitted) having clean and level surfaces. It shall be the contractor’s responsibility to ensure the
safety of centering /shuttering during erection and during and after concreting. Adequate cross bracing should be provided for all
slab centering props. The Shuttering design shall be approved from RCC consultant. All shuttering work shall be done by using
Metal supporting mechanism such as Telescopic Acro spans /Jack span / Cup lock / H frame.
6.2.12 Minimum cover using cover blocks shall be maintained as stated in the drawings. Strength of cover blocks should be as per the
grade of concrete used.
6.2.13 Steel Reinforcement
6.2.13.1 In general the reinforcement steel shall conform to the following:
Mild Steel - Shall be Grade I tested quality conforming to IS: 432 - Part I
Tor Steel - Shall be Grade I tested quality conforming to IS: 800
High Yield Strength Deformed steel bars-shall be tested quality conforming to IS: 1786
Binding wire - black annealed steel wire conforming to IS: 280 - minimum 16 gauge
6.2.13.2 Samples from each batch shall be taken as instructed and tested for tensile strength and malleability from an approved
Laboratory. The recommended make of steel is RAJURI, POLAAD, KALIKA TMT steel.
6.2.13.3 The Contractor shall prepare bar-bending schedules well in time and have them approved from the PMC (Planedge
Consultants Pvt. Ltd.) /RCC Consultant before execution. Steel shall be fabricated on the basis of the approved schedule.
6.2.14 Immediately on stripping the form work, the concrete shall be carefully inspected. Under no circumstances shall the concrete
surface be patched or covered up or damaged, honeycomb concrete rectified or replaced until the PMC (Planedge Consultants
Pvt. Ltd.) have inspected the works and issued instructions for rectification or replacement.
6.2.15 Date of concreting shall be marked on all columns, beams, slabs etc. after stripping of forms.
6.2.16 Formwork specifications
Line-out :
Wooden props inserted in ground upto 1’ depth and embedded in concrete around the periphery of the building. All corners to be in exact right angles.
Wooden planks (4”X1½” size) nailed on the props at same level throughout with marking nails on top. All column nos. to be written in oil paint.
Footings:
All sides in 12mm laminated plywood supported by wooden battens or props as required.
Steel columns to be supported by MS props.
Columns, shear walls and Lift pardi:
All sides in 12mm Laminated plywood (new)
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Horizontally supported by MS channels/”I” section/Wooden batten (4”X3”).
Vertically supported by MS jacks on all 4 sides of the column.
Lift pardi can be horizontally supported by MS angles and bolting system.
Beams:
All sides in 12mm Laminated plywood (new)
All beam bottoms in 12mm laminated plywood (new)
Vertically supported by MS props at minimum 2’ c/c distance.
External beams supported by 4”X3” battens projecting outwards from beam bottom up to at least 3’, supported by cross wooden props.
Slab:
12 mm thick laminated plywood (new).
Horizontally supported by MS acro spans as approved.
Vertically supported by MS jacks/H frames only. All vertical supports to be braced in both directions.
All gaps to be filled with pieces/strips of plywood and applied with 50mm wide polythin tape.
Double Height staging:
Only MS props shall be used for double height staging. Vertical props shall be placed exactly one above the other in exact plumb. All props to be properly braced in both directions.
Intermediate staging will be done using wooden battens (chavi 4”X3” section) only. This intermediate staging will be horizontally braced and binded with adjoining slab.
Shuttering Oil:
Shuttering oil of good quality will be applied to all the shuttering material before steel binding. Black or dark colored shuttering oil will not be allowed.
6.2.17 Minimum period before stripping for formwork and shuttering shall generally be as follows:
Walls, Columns, Beams - sides 48 Hours
Slabs spanning upto 3.0 M 7 Days
Slabs spanning more than 3.0 M 14 Days
Bottoms of Beams spanning upto 4.5 M 14 Days
Bottoms of Beams spanning above 4.5 M 21 Days
6.2.18 It shall be discretionary for the Structural Engineering Consultant, however, to allow de-shuttering any of the above before the
minimum period if required. The permission, however, shall be duly recorded.
6.2.19 Embedment of hooks, hangers, boxes or any other inserts, for hanging fans, lights, false ceiling etc. or making openings, cut-
outs, holes etc shall be carried out without extra charge.
6.2.20 All the concrete work shall be hacked within 24 hours from the time of de-shuttering to make the surface sufficiently rough to
provide a key for the plaster. Curing of all concrete work with clean water will be carried out by the contractor for a period 28 days
from the day of casting at a regular interval of 3 hours during day time starting 800 hrs. to 2000 hrs. All exposed concrete will be
covered with a muslin cloth/ khiltan or other adequate measures will be taken to maintain humidity.
6.2.21 If required, as recommended by the Architect / RCC consultant, for mass concreting works, Contractor may have to provide
chilled water for concreting, not extra charge will be paid for chilled water so used. Also concrete will be specially designed for
mass concreting activities.
6.3 BLOCK WORK AND PLASTER:
6.3.1 Material:
6.3.1.1 All internal walls will be AAC block walls.
6.3.1.2 AAC Block: 200/150/125 mm thick AAC blocks conforming IS2185 (Part III) to be used for all purposes. Blocks shall be ‘sound and free of cracks or other defects which interfere with the proper placing of blocks or impair the strength or performance of the construction. Minor chipping resulting from the customary methods of handling during delivery, shall not be deemed grounds for rejection. Each block will be of clear shape and size and a maximum variation of +/- 5 mm in height and +/-3 mm in width will be acceptable. Each block will be soaked in water prior to start of work. The minimum crushing strength acceptable for bricks will be average 3 to 4.5 N/mm2for test specimen of 12 nos. Each batch of blocks will be tested and reports of the same shall be maintained at all time
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6.3.1.3 The blocks shall be stored in such a way as to avoid any contact with moisture on the site. They shall be stock piled on planks or other supports free from contact with the ground and covered to protect against wetting. The blocks shall be handled with care and damaged units shall be rejected.
6.3.1.4 Mortar: Weber chemical mortar as approved to be used for brick masonry works. Sand used in mortar for masonry purpose should be tested for silt content, which should not exceed 7%. Only river sand or crushed sand will be permitted for masonry purposes. Special silica sand received in pre-packed packages may be used for all plaster purposed.
6.3.2 Workmanship:
6.3.2.1 Block Masonry:
Blocks of uniform shape and size should be used.
Prior to use of bricks in construction the top and the sides of the bricks shall be moistened so as to prevent absorption of water from mortar.
The maximum thickness of each joint should be 10mm in case cement mortar is used and 2 to 3 mm in case of chemical.
Horizontal and vertical joints of the Blocks will be fully filled and adequately raked with trowel.
Use of cut Blocks should be minimized.
All courses will be laid in truly horizontal and vertical.
All masonry work will be cured with water for a minimum of 7 days from the date of laying.
When carrying out any masonry work above a height of 3m proper scaffolding should be erected.
In one working day maximum height of completed work should not exceed 90 cms followed by RCC band of 4” thickness with reinforcement as instructed by site incharge.
6.3.2.2 Plaster:
All plaster work will be carried out in cement mortar using pre-packaged sand. All Plaster works will be kept wet by continuous curing for a minimum period of 7 days.
Surface preparation: Prior to any plaster work, the surface to be plastered will be adequately roughened and cleaned of any foreign material. The surface will made dampened with sufficient water prior to start of work. Chicken mesh of at least 200 mm width will be applied to all joints of different materials.
External plaster: External plaster will be done in 2 coats of approximately 12mm -15 mm thick each. For all external plaster work, adequate water proofing agent and fibers will be added to the mortar. On the prepared surface, the base coat or the leveling coat will be applied and finished by roughening to take the next coat. The second coat will be Sand faced finished with sponge or mortar spray (Dabba finish) or otherwise recommended by the PMC, will be applied on the second day after the based coat. The plaster should be adequately done to cover for any deformity if at all in the surface of the structure. All ducts shall be plastered as per the process defined for External plastering works
All ducts shall be plastered as per the process defined for External plastering works.
Internal Plaster:
o Internal plaster will be applied in a single coat. The plaster will be rough plaster applied as backing coat behind the entire Dado tiling works in Toilets, Kitchen dado and cladding works in lobby or wherever required.
o Gypsum plaster will be applicable at all areas except those mentioned above.
For walls, gypsum plaster, of approximately 15 mm thick, will be in line, level and plumb with Thiya Tikki with proper right angles in all the corners.
For ceiling, gypsum punning will be done in 6-8 mm thickness, with right angles till 1’ in all the corners and at junction where vertical and horizontal areas
All the cement plaster work will be cured for a period of at least 14 days.
The joints shall be raked out properly. Dust and loose mortar shall be brushed out. The surface shall then be thoroughly washed with water, cleaned and kept wet before plastering is commenced.
In case of concrete surface if a chemical retarder has been applied to the form work, the surface
Shall be roughened by wire brushing and all the resulting dust and loose particles cleaned off and care shall be taken that none of the retarders is left on the surface.
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Projecting burrs of mortar formed due to the gaps at joints in shuttering shall be removed. The
Ceiling plaster shall be completed before commencement of wall plaster.
When suspending work at the end of the day, the plaster shall be left, cut clean to line both horizontally and vertically. When recommencing the plastering, the edge of the old work shall be scrapped cleaned and wetted with cement slurry before plaster is applied to the adjacent areas, to enable the two to properly join together. Plastering work shall be closed at the end of the day on the body of wall and not nearer than 15 cm to any corners or arises. It shall not be closed on the body of the features such as plasters, bands and cornices, nor at the corners of arises.
Horizontal joints in plaster work shall not also occur on parapet tops and copings as these invariably lead to leakages. The plastering and finishing shall be completed within half an hour of adding water to the dry mortar.
No portion of the surface shall be left out initially to be patched up later on. The plastering and finishing shall be completed within half an hour of adding water to the dry mortar.
Where the thickness required, as per description of the item is 12 mm, the average thickness of the plaster shall not be less than 12 mm whether wall treated is of brick/block/RCC work.
The plaster shall be finished to a true and plumb surface and to the proper degree of smoothness as required. The work shall be tested frequently as the work precedes with a true straight edge not less than 2.5 m long and with plumb bobs. All horizontal lines and surfaces shall be tested with a level and all jambs and corners with a plumb bob as the work proceeds.
6.4 STRUCTURAL STEEL WORK AND FABRICATION
6.4.1 Material:
6.4.1.1 All structural steel members shall be fabricated out of tested steel confirming to IS: 226: 1969 and other relevant
specification. The Contractor shall, if requested, furnish the Structural Consultant / Architect with copies of test certificates
showing that all the principal materials comply with the requirements of National Standards or other applicable standards.
6.4.1.2 If the Structural Consultant / Architect require further tests to be carried out, the Contractor shall provide the necessary test-
pieces or samples at his cost, and shall transport them to an approved testing laboratory. The contractor shall obtain test
certificate of all the steel procured, in addition to getting the same tested for every lot brought to the project site.
6.4.1.3 General: Welding of structural steelwork shall be out by the metal arc process and shall be in accordance with the relevant
I.S. Codes
6.4.1.4 Welding Electrodes: Welding electrodes shall be chosen so as to produce welds with mechanical properties which are at
least equal to those required for the base material. Welding electrodes shall be kept in a dry state in unbroken packets and
shall be accompanied by the manufacturer's certificate of date of manufacture and guarantee of compliance with National
standards and the same shall not be used in damp or damaged conditions. ONLY specified Brands and quality of welding
electrodes shall be permitted.
6.4.1.5 Welding Plants: Welding plants shall be capable of maintaining the voltage and current specified by the manufacturer of the
electrodes. The Contractors shall supply instruments for verifying the voltage and current as and when required by
the Structural Consultant / Architect. When an automatic process of welding is adopted, the deposited metal must have
mechanical properties equal to those obtained by the use of electrodes.
6.4.1.6 Manual Welding: Manual welding shall be carried out by qualified welders equipped with plant suitable for the purpose. All
welders shall be qualified in accordance with National Standards and details of such qualification shall be submitted to the
Structural Consultant / Architect. When instructed by the Structural Consultant / Architect, the Contractor shall retest and
welder and submit the results of that test to the Structural Consultant / Architect.
6.5 WATER PROOFING TREATMENT
6.5.1 Preliminaries
Before taking up the water proofing work the construction of adjoining walls, including finishing should be completed. Similarly,
the ancillary items like haunches, grooves to tack the fibre cloth layer, fixing up of all down take pipes, water pipes and electric
conduits etc. should be completed and no such work should be allowed on the area to be treated during the progress of water
proofing treatment
6.5.2 Box Type Waterproofing:-
6.6.4.1 For floor treatment-
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6.6.4.2 1” thick PCC (1:3:6) is to be laid, over surface of 4”-6” thick PCC.
6.6.4.3 Then rough Shahabad tiles of 20-25mm thickness to be laid on mortar machan of thickness 30 - 40mm in CM 1:6 mixed
with waterproofing compound.
6.6.4.4 Joint of 1” wide to be filled with mortar 1:4 with waterproofing compound.
6.6.4.5 Top layer to be finished with cement plaster 8mm to 10mm thickk. in CM 1:4.
6.6.4.6 For vertical surface (pardi of retaining wall, water tank, septic tank etc.) –
6.6.4.7 Before commencement of work vertical surface is to be cleaned by removing binding wires, nails etc.
6.6.4.8 Backing coat of plaster in CM 1:6 is to be applied over RCC pardi.
6.6.4.9 Then rough Shahabad tiles of 20-25mm thickness are to be fixed on wall with cement paste and waterproofing
compound.
6.6.4.10 Cement grouting is to be done behind Shahabad tile.
Over this layer smooth cement plaster of ½” thickness in CM 1:4 is to be done
6.5.3 Brick Bat Coba Water proofing
6.5.3.1 A base coat will be thoroughly applied to all corners and edges to a minimum thickness of 10mm. Base coat will be applied till
the 3rd layer of brick (1feet) above the slab level. It should have smooth edges and no sharp edges to be seen.
6.5.3.2 The base coat will be applied in a manner that it does not need to be chipped at the time of tiling. After the completion of base
coat, toilet/bathroom area to be filled with water immediately.
6.5.3.3 The Contractor will co-ordinate with Plumbing contractor to place Nahani trap in the position, with appropriate slope.
6.5.3.4 Brick bat of size 25 mm to 115 mm out of well burnt bricks shall be used for the purpose of brickbat coba. The brick bats shall
be properly dampened for six hours before laying. Brick bats shall be laid to required slope/gradient over the base coat of
mortar leaving 15-25 mm gap between two bats. Cement mortar 1:5 (1 blended cement: 5 coarse sand) shall be poured over
the brickbats and joints filled properly. Under no circumstances dry brick bats should be laid over the base coat. The
haunches/gola at the junction of parapet wall and the roof shall be formed only with brick bat coba. In case the brick bat coba
is laid on the base coat immediately on initial set there will be no necessity of applying cement slurry over the base coat
before laying the brick bat coba. However, if the brick bat coba is to be laid on the subsequent day, cement slurry prepared
as described in clause 6.6.4 shall be applied over the top surface of the base coat, then only the brick bat coba shall be laid.
6.5.3.5 Application of Slurry over Brick Bat Coba: After two days of curing of brick bat coba cement slurry prepared as per clause
6.6.4 shall be applied on the surface of brick bat coba The application of slurry shall be the same as described in clause 6.6.4
which should cover the haunches/gola, and the remaining small portion of parapet wall and also inside the groove.
6.5.3.6 Laying Finishing Layer (Protective Coat) immediately on applying the cement slurry over the surface of the brick bat coba and
when the slurry applied is still green, the fibre glass cloth shall be spread evenly on the surface without any kink & pressed to
see that no air spaces exist. The fibre glass cloth shall be taken up to a height of 300 mm on adjoining walls & tucked in the
groove specially prepared at that height.
6.5.3.7 In case of waterproofing works at podium level sunken portions, the finishing layer as specified in clause no 6.6.5.3 shall be
taken up to a height of 300 mm above the top level of soil on the adjoining walls.
6.5.3.8 20mm thick layer of cement plaster, without leaving any joints shall be applied with cement mortar 1:4(1 blended cement: 4
coarse sand) over the entire fibre glass cloth including the haunches/gola and the small portion on the adjoining wall. The
groove in the adjoining wall over the haunches shall also be filled neatly packing the mortar firmly in the groove. The surface
of the finishing layer (protective coat) shall be neatly finished with cement slurry prepared as per clause 6.6.4. The finished
surface shall be allowed to dry for a while and then pattern of 300 mm x 300 mm groove, 8 mm deep shall be made over the
entire surface.
6.6 GENERAL, STATUTORY AND SAFETY REGULATIONS
6.6.1 SAFETY REGULATIONS
6.6.1.1 Contractor shall submit copies of all statutory compliance certificates such as ESIC, PF, contract labour registration, shop & establishment and or any other local authority registration as applicable.
6.6.1.2 All workmen, engineers, supervisors shall be covered as per ESIC, PF & minimum wages act.
6.6.1.3 All workmen, engineers, supervisors shall undergo pre-employment medical check-up through company recognised medical officer and submit copies of test report.
6.6.1.4 Contractor to provide proof of monthly remittances with regard to workmen deployed at the site.
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6.6.1.5 Contractor is responsible to ensure that his workmen are confined to their work area and comply with all safety, security and administrative instructions given by the site engineer.
6.6.1.6 Contractor shall provide identification badges to all his people.
6.6.1.7 On completion of day’s work, the entire area shall be kept clean and neat. All debris, surplus material etc shall be removed immediately from site.
6.6.1.8 Any substandard material used during execution will be rejected and fully deducted from the bills.
6.6.1.9 The contractor has to carry out the work in co-ordination with the other appointed agencies. The contractor should study the situation at site and organise the work accordingly. Whenever work needs to be done in co-ordination with other agencies, the contractor shall work out the actual time required to complete his part of the job in all respects and inform the company.
6.6.1.10 Revision of rates is not allowed and will be not paid for any reason due to unexpected increase in the cost of material or delay in completing the work etc.
6.6.1.11 No labour hutment is allowed inside the premises.
6.6.1.12 The area is in “no smoking zone”, therefore smoking is strictly prohibited.
6.6.1.13 All workmen, foreman, supervisor and engineers wearing shoes and safety helmets are only allowed to enter the gate.
6.6.1.14 Every day contractor or his supervisor should take necessary “work permit” from the company engineer before starting the job.
6.6.1.15 Workers are not allowed to sleep during night and cook food inside the premises.
6.6.1.16 Work to be carried out only under the supervision of the qualified engineer.
6.6.1.17 Contractor should strictly follow HSE guidelines.
6.6.1.18 Contractor should use only angle or pipe scaffolding. Wooden scaffolding is not allowed.
6.6.1.19 All contractors’ people need to undergo induction or safety training and formal interview by company selection committee.
6.6.1.20 The contractor should submit a copy of competency certificates like wireman license, supervisor’s license, I B R welder license etc. issued by competent authority before starting the work.
6.6.1.21 Contractor shall maintain daily muster roll book for his people at site. Based on that, ESIC and PF contribution to be made.
6.6.2 SAFETY GUIDELINES
6.6.2.1 WORKING BELOW GROUND LEVEL
6.6.2.1.1 Check that there are no underground cables or water or sewage lines prior to start of work in work area. If found, inform site in charge. Disconnect power supply to any cables found in work areas with permission.
6.6.2.1.2 For pits deeper than 3 feet workmen should be provided with lifelines. Ladders should be provided for quick escape from the pit. Provide firmly supported side shuttering or shoring to prevent accidental collapse of earth in to pits. Cordon off the area around the pit to prevent accidental falls. (Cordon must be at least 3 feet beyond the pit edge) Excavated earth from the pit must be stacked only beyond the cordon.
6.6.2.1.3 Refill the pit promptly on completion.
6.6.2.1.4 In case pits need to be left open for any reason, ensure proper covers over the pits.
6.6.2.2 WORKING AT HEIGHTS
6.6.2.2.1 All personnel working at heights beyond 6 feet should wear safety belts.
6.6.2.2.2 Ensure that safety belts are tied securely to anchors while working at heights.
6.6.2.2.3 Ensure that rigging is well anchored to solid supports prior to erecting items like trusses at the heights.
6.6.2.2.4 Ensure that debris is cleared on a daily basis from work spots.
6.6.2.2.5 Ensure that a nylon safety net is securely fitted under the trusses to provide safety against accidental fall to personnel (who will need to have safety belts securely fastened.) working on the trusses and roofing. Alternatively well-supported platforms with protective railings should be used at a height suitable for personnel to work while standing.
6.6.2.2.6 Ensure that roof top ladders are used while laying and working on the roof.
6.6.2.2.7 Ensure that ladders used for climbing to heights are firmly secured against slippage.
6.6.2.2.8 All scaffolding should be in steel frames.
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6.6.2.2.9 Scaffolding should be provided with 3 feet wide working platforms. The platforms should be provided with protective railings.
6.6.2.3 WORKING WITH ELECTRICITY
6.6.2.3.1 Ensure proper earthing of all electrical machines used.
6.6.2.3.2 Ensure that all connections are taken through earth leakage circuit breakers. (Providing ELCB’S on the main distribution boards prevents accidental shocks)
6.6.2.3.3 Ensure that welders always use suitable welding goggles and glows while welding.
6.6.2.3.4 Ensure availability of 2 CO2 type fire extinguishers at an easily accessible location at site for firefighting.
6.6.2.3.5 Provide a pair of fire buckets filled with dry sand for firefighting at site.
6.6.2.3.6 As far as possible DC generator sets shall be used instead of AC transformer sets.
6.6.2.3.7 Contractor shall get his welding sets certified by HLL electrical department.
6.6.2.3.8 The welding transformer shall be fed through and armoured cable.
6.6.2.3.9 All connections from main to individual M/C (such as cutter, planer, compressor etc.) to be taken through shielded cable and 3-pin plug only.
6.6.2.3.10 The portable machines should be of fully insulated or plastic body. No metal body is allowed.
6.6.2.3.11 During welding the earthing to be provided directly to the member to be welded through cable only not using any reinforcement rod or angle.
6.6.2.4 PERSONAL PROTECTIVE GEAR Following is the list of items to be provided to workmen by the contractor as and when required; the items must be ISI certified.
6.6.2.4.1 Safety shoes
6.6.2.4.2 Hard hats.
6.6.2.4.3 Safety belts.
6.6.2.4.4 Goggles.
6.6.2.4.5 Gloves
6.6.2.4.6 Safety nets
6.6.2.4.7 Roof top ladders
6.6.2.5 GENERALBREAKING WORKS
6.6.2.5.1 Workmen engaged in breaking stones/ chipping of concrete should wear safety goggles.
6.6.2.5.2 Readily accessible First aid kit including adequate sterilised cotton and dressing shall be provided.
6.6.2.5.3 Any injured person shall be taken to nearest public hospital.
6.6.2.5.4 All workmen working at heights shall be provided with safety belts and anchoring arrangements at the working location.
6.6.2.5.5 Portable ladders shall be of heights less than 8 feet. In case of ladders additional manpower shall be employed for holding the ladders.
6.6.2.5.6 Workers engaged in welding and related work shall be provided with protective eye shields and gloves.
6.6.2.5.7 The excavation, trenches shall be provided with necessary lighting and obstacles.
6.6.2.5.8 All electrical connections taken for construction purpose shall have earthing provided for equipment earthing.
6.6.2.5.9 Open/temporary jointing of the cables shall be avoided.
6.6.2.5.10 Live wires shall not be laid on ground/road or taken on surface without protective cover.
6.6.2.5.11 All water sumps underground or otherwise shall have covers.
6.7 CHECKLISTS
6.7.1 With the intention of keeping the work quality in alignment with the expectation of the Owner and the PMC a standard checklist of
all the works is annexed herewith the contractor is required to thoroughly study and follow the same in all works
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6.8 RECOMMENDED MAKE
Sr. No
Item Recommended Make Specifications
1 Portland Cement J K Cement / Vasavadatta / Birla Shakti/ ultratech
Confirming to IS: 269 All cement batches to be tested and test results to be maintained.
2 Reinforcement Steel - FE500
KALIKA/ POLLAD/ T K ISPAT/RAJURI
Confirming to IS: 432, All steel to be tested and test results to be maintained.
3 AAC blocks Siporex / Ecolite / Ultratech
Even Shape, Compressive Strength of minimum 7-8 N/sqm mm, test results to be produced. Confirming to relevant IS code.
4 River Sand Tembhurni / umbraj / karad
Less than 5% silt content, uniform gradation, test results to be produced, should be tested on site. Confirming to IS: 1542
5 Crushed Sand VSI grade crusher Test results to be produced, non-angular particled. Confirming to IS: 383
6 Aggregate VSI grade crusher
Test results to be produced, non-angular particles with uniform gradation to be used. 20mm and 40mm to be bought separately. Confirming to IS: 383.
7 Concrete Ready Mixed / On site Mixer
Mix design to be approved. Concrete testing records to be maintained
8 Anti-termite Agent Chloropyrifos 20% EC
9 Gypsum Buildon / Saint Gobain
6.9 Final Areas
6.9.1 Final areas for Building is as below; the contractor to check and verify the areas of each buildings and in case of any variation the
same to be clarified on prior to start works. In case of any variation accepted by The PMC the same will be informed to the
contractor in writing and will be considered as final.
o Residential “A” building - “(G+P+20 floor)”: Approx. 85,460 sqft.
o Residential “B” building - “(G+P+20 floor)”: Approx. 85,460 sqft.
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6.10 Stages of payment
6.10.1 With the intention of simplifying the billing and fast payments to all contractors, a system of payments will be followed as below:
Sr. Item Target From mobilization
% of Work Value
Amount
1 On Completion of RCC works including LMR + OHWT and Structural works
2 On completion of Masonry Work
3 On completion of Internal Plaster & Gypsum
4 On completion of External Plaster
5 On Completion of Waterproofing
6 On Handover of Project to PMC and Client ( Completion Certificate)
Total
The payment stages will be further elaborated at the time of award of contract.