Aravalli - Waterproofing Tender

Developer: Nishant Construction Pvt Ltd
Project: Ratnaakar Aravalli Bungalow, Shela, Ahmedabad

Package : Waterproofing Works
VOLUME I - SECTION 1
NOTICE INVITING BID
Notice Inviting Bid Page 1 of 291 Seal & Signature of Bidder

To, Date:
_________________________________
_________________________________
_________________________________
_________________________________
Kind Attn.:Mr. _________________
NOTICE INVITING BID FOR WATERPROOFING WORKS OF RATNAAKAR ARAVALLI, SHELA, AHMEDABAD
FOR NISHANT CONSTRUCTION PVT LTD
Item Rate Tender have been invited from Short-listed Contracting Firm for Waterproofing Works at Ratnaakar
Aravalli, Shela, Ahmedabad for Nishant Construction Pvt Ltd
1.1 The Developer has appointed Synergy Property Development Services Pvt. Ltd. as Project Management
Consultant (PMC).
Contact details of the Developer, Project Management Consultant are as follows:-
Synergy Property Development Services

Reference Nishant Construction Pvt Ltd
Private Limited.
Status Developer Project Management Consultant(PMC)
801-802, Regency Plaza,
406 Kailash Corporate Lounge,
Opp. Rahul Tower,
Address Veer Savarkar Marg, Vikroli (W),
Near Anandnagar Cross Road,
Mumbai – 400 079, India
Satellite, Ahmedabad – 380 015
Contact Person Mr. Sekhar Mudliar Mr. Rohit S Kamble
Telephone +91-79 26933158/40322400 +91-9833875022
Bid documents are enclosed along with this letter.
1.2 Amendment to Bid Document
At any time prior to the date of Bid submission Developer may, for any reason, whether on its own initiative or in
response to a clarification requested by a Bidder, amend the Bid documents by an Addendum.
The Addendum will be notified in writing to bidders. Bidder shall promptly acknowledge receipt thereof, to the
same person at the same address as mentioned in the original Bid.
Only amendments to the Bid Document made through an Addendum will form a part of the Bid Document.
1.3 Inspection of Site
Bidder is expected to inspect the Site of the Work and acquaint himself with the Site conditions, approaches,
availability of raw materials, geological and weather conditions etc. before quoting his rates. Contractor must go
through all the drawings, specifications and other tender documents. Any further clarifications in the drawings
and documents can be had from the Developer. Submission of the Bid shall be deemed to be due compliance in
with this clause.

Site Address:
Ratnaakar Aravalli,
Behind Apple Woods Villas,
SP Ring Road,
Shela, Ahmedabad - 380058
Contact Person : Mr. Avinash Yekhande
Contact No : +91 8369499660
1.4 Pre-bid Meeting
1. Tender Pre Bid queries shall reach to concern person on 8 March 2019 on or before 03:00 pm by email. All
queries will be resolved on email only.
Names of up to two persons attending to be given below:
1. ______________________________, OR
2. ______________________________
1.2 Contact Person: For any clarification and for tender documents, the tenderers may contact
 Rohit S Kamble
 Email : rohit.k@synergyind.com
 Deepali Udhalikar
 Email : deepali.u@synergyind.com
1.5 Submission of Bids
1.5.1 Sealed Bids should be addressed to:
Nishant Construction Pvt Ltd

Attn – Mr. Sekhar Mudliar
Opp. Rahul Tower,
1.5.2 The Bid shall be marked and sealed in envelopes as specified in the Clause No. 23.0 of Section- 2 ,
Instructions to Bidders of bid document and shall be deposited by the Bidder in the office of Developer at the
address given below, latest by 15.00 hrs on or before 12 March 2019.

Attn – Mr. Sekhar Mudliar
Opp. Rahul Tower,
Regards,
For Nishant Construction Pvt Ltd

___________________________
(Name of Signatory)
Encl: Bid document

INSTRUCTIONS TO BIDDER
Instructions To Bidder Page 5 of 222 Seal & Signature of Bidder

CONTENTS
A. INTRODUCTION .................................................................................................................... 7
1. PROJECT DESCRIPTION.....................................................................................7
2. GENERAL .....................................................................................................7
3. SCOPE OF WORK ............................................................................................7
4. RESPONSIBILITIES OF THE BIDDER ........................................................................9
5. DATA / ASSISTANCE / FACILITIES TO BE MADE AVAILABLE BY DEVELOPER ........................9
6. ELIGIBLE BIDDERS ...........................................................................................10
7. ONE BID PER BIDDER .......................................................................................10
8. SITE VISIT ....................................................................................................10
B. BIDDING DOCUMENTS............................................................................................................ 10
9. CONTENTS OF BIDDING DOCUMENTS .....................................................................10
10. HEADINGS ....................................................................................................11
11. CLARIFICATION OF BIDDING DOCUMENTS ...............................................................11
12. PRE-BID MEETING ...........................................................................................11
13. AMENDMENT OF BIDDING DOCUMENTS ..................................................................12
C. PREPARATION OF BIDS .......................................................................................................... 12
14. LANGUAGE OF BID ..........................................................................................12
15. DOCUMENTS COMPRISING THE BID .......................................................................12
16. BID PRICES ...................................................................................................13
17. SIGNATORY OF BID .........................................................................................14
18. VALIDITY OF BID ............................................................................................14
19. EARNEST MONEY DEPOSIT .................................................................................14
20. COST OF BID PREPARATION ...............................................................................15
21. COVERING LETTER TO BID .................................................................................15
D. SUBMISSION OF BIDS ............................................................................................................. 15
22. BIDDING FORMAT ...........................................................................................15
23. SEALING AND MARKING OF BIDS ..........................................................................15
24. DEADLINE FOR SUBMISSION OF BIDS .....................................................................16
25. LATE BIDS ....................................................................................................16
26. MODIFICATION AND WITHDRAWAL OF BIDS .............................................................16
27. REJECTION OF BID ..........................................................................................17
E. BID OPENING AND EVALUATION ............................................................................................... 17
28. OPENING OF BIDS ...........................................................................................17
29. PRELIMINARY EXAMINATION ...............................................................................17
30. CLARIFICATION OF TECHNICAL BIDS .....................................................................18
31. DETAILED EVALUATION OF TECHNICAL BIDS ............................................................18
32. OPENING OF FINANCIAL BIDS..............................................................................19
33. CLARIFICATION ON PRICE BID .............................................................................19
34. EVALUATION OF PRICE BID ................................................................................19
35. CONTACTING THE DEVELOPER ............................................................................19
F. AWARD OF CONTRACT .......................................................................................................... 20
36. ACCEPTANCE OF BID AND NOTIFICATION OF AWARD ..................................................20
Special Conditions of Contract Page 6 of 291 Seal & Signature of Bidder

A. INTRODUCTION
1. PROJECT DESCRIPTION
The following project description is intended only as general information to the Tenderers for
anticipating the interaction and co-ordination that may be required during the course of the execution
of its work.
The proposed Project is Ratnaakar – Aravalli consists of 83Nos Bungalow‟s each with 01 Level basement
+ G + 2 upper storey situated, at Shela, Ahmedabad having Built up area of one bungalow around 6441
sft. being developed by M/s Nishant Construction Pvt Ltd (hereafter knows as „Developer‟), 801-802,
Regency Plaza, Opp. Rahul Tower, Near Anandnagar Cross Road, Satellite, Ahmedabad – 380 015.
The Project Management Consultant for the Project is M/s Synergy Property Development Services
Private Limited (hereinafter known as „PMC‟). You shall be required to coordinate with PMC on all
matters pertaining to the Project.
Tender for Waterproofing Works has been invited. However, it shall be the prerogative of the
Developer and the PMC, after reviewing the potential, capability and financial offer from the
Contractor, to decide on awarding the work to the selected Contractor. The Developer reserves the
right to award part or whole of the tender to the selected Contractor.
2. GENERAL
2.1. These Instructions to Bidders are provided only to assist the bidder while preparing their bid. They
will not form part of the Contract and will not be taken into consideration in interpreting or construing
the Contract.
2.2. Site Address

As stated in Notice inviting Bid.
3. SCOPE OF WORK
3.1 Developer Scope of Work

 NIL
3.2 Contractor Scope of Work
The Scope of Work for Proposed 12 Nos Bungalow “01 Level Basements + G + 2 Storied Building at
Aravalli, Shela, Ahmedabad” for Nishant Construction Pvt Ltd comprises of the Supply, Installation,
Testing & Commissioning of Waterproofing Works as mentioned in the Bill of quantities, technical
specifications and shown in the drawings forming part of this tender.
All incidental costs, expenses, etc. payable for approval / Laiisoning / permissions etc. from
Waterproofing inspector required for Waterproofing Works shall be in contractor‟s scope. However
official fees shall be paid by Developer.
The works shall include all necessary all Materials (except Developer Supplied materials), labour, plant
& equipment, scaffolding/platform for due and satisfactory construction, completion of the works
covered in the scope of the works to the intent and meaning of the drawings, Technical Specifications
and further drawings and orders that may be issued by the Developer from time to time for the works
(pertaining to Contractor‟s scope of works).

The scope of works shall include, whether specifically mentioned or not in the various clauses of
Technical Specifications, lifting and shifting at all leads and lifts, all apparatus, plant, equipment,
tools, fuel, ladders, transport, temporary stores, workshop, staff, labour, watch & ward of the works,
adequate lighting etc. as required for the Waterproofing Works at all locations, all heights etc
complete to the satisfaction of consultant / Developer.
It shall also include adherence to industry norms for safety of workers, first-aid equipment, suitable
accommodation for the staff and workmen with adequate sanitary arrangements, the effecting and
maintenance of all required insurances, the payment of all wages, salaries, fees, royalties & duties if
any applicable for the Contractor‟s Scope of works or other charges arising out of the erection of works
and the regular clearance of rubbish, reinstatement and clearing-up of the site as may be required on
completion of works (or from time to time), safety of the public and protection of the works including
adjoining property pertaining to the Contractor‟s scope of work.
The Contractor shall also ensure that the flooring, cladding works or any other works under progress by
other Contractor shall not be hampered or damaged. In such case Developer shall decide the recovery
of all such cases at the cost of the Contractor.
All Temporary and ancillary works including enabling works connected with the Work shall be
responsibility of the CONTRACTOR and the price quoted by them for erection shall be deemed to have
included the cost of such works, which shall be removed by the CONTRACTOR at his cost, immediately
after completion of his work.
The Contractor‟s scope of work shall include preparing and timely submission of detailed shop drawings
/ fabrication drawings for Consultant‟s / Developer‟s approval. All shop drawings shall reflect the
design intent as provided in the specifications, design drawings and schedule of quantities and shall not
be deviated without prior permission. The shop drawings shall be based on the actual site conditions
and shall take into account all coordination as may be required in order to avoid any clash or
interference with other service lines or any other building features.
All charges for preparing the shop drawings, preparation of design, if required getting the same proof
checked, if required and directed by the Developer, including carrying out any other modifications as
necessary shall be fully covered in the quoted rates and no extra shall be payable for adherence of the
above requirement.
Work shall be preceded only with “Approved” shop drawings; wherever applicable.
The Contractor shall ensure that all actions are taken to build in quality assurance in the planning and
execution of works. The quality assurance shall cover all stages of works such as setting out / laying
out, selection of construction methods, selection of equipment and plant, deployment of competent
personnel and supervisory staff, quality control testing, etc. The sole responsibility for the safety and
adequacy of the methods adopted by the Contractor will, however, rest on the Contractor, irrespective
of any approval and or instructions given by the Developer.
The contractor shall prepare and submit “As Built Drawing” after completion of works.
The scope of work includes, but is not limited to:
A. Supply, Application & Testing of Waterproofing works as mentioned below:

 Integral Waterproofing works
 Crystalline waterproofing of Retaining Wall
 Providing & Laying for Waterproofing Work In Toilet, Balcony, Terrace and Chajjas
 Roof Waterproofing over Main buildings, Staircase mumty & Lift machine room

 Overhead Water Tank & Lift Pit & Raft Areas

 waterproofing for Softscape and Hardscape work
B. Other Associated Ancillary works as mentioned below:
• Storing, lifting, shifting, security etc. of all materials supplied by the Developer at the
demarcated location on site shall be the Contractor‟s responsibility.
• Drilling and cutting of walls or other elements of the building for the complete and proper
installation of the pipe / conduits / cables and other equipment‟s by using Waterproofing
operated tools. Manual drilling or chiseling shall be permitted on special request only. If such
drilling and cutting are made on finished surfaces, any marring of the surfaces shall be made
good by repair at the Waterproofing Contractor's expense.
• The mockup to be made at site for approval and the work to be carried out as per the approved
mockup.
C. Contractor shall provide 10 years Guarantee of the work done in the scope of work mentioned in
the Tender on Bond paper Rs. 100 as per instructions provided by Client representative or PMC
4. RESPONSIBILITIES OF THE BIDDER
4.1. A set of all reports and data to-date related to the Project available with the Developer has
been kept in the office of Developer at the address given below for the reference of the bidder while
preparing their bids:

Opp. Rahul Tower,
Satellite, Ahmedabad – 380 015 Attn: Mr. Sekhar Mudliar
In case, information material, if any, is borrowed by any of the Bidder from Developer, the same shall
remain the property of Developer and shall be provided by Developer for information, solely for the
purpose of the bids execution under this Contract. All such borrowed material shall be returned by the
bidder to Developer after submission of the bids.
4.2. The bidder shall utilize optimally the land available for construction of various
facilities/components of the Project and cost all components and allied works of the Project. The
bidder shall provide a detailed scheme/methodology of construction, installation & testing, of the
project at the time of bidding, namely, though not restricted to:
 Project Management
 Procurement
 Construction and testing
 Quality control
 Environmental, safety & social safeguards
 Security and risk coverage
4.3. Bidder shall bear all costs associated with the preparation and submission of their bid, and the
Developer in no case shall be responsible or liable for these costs, regardless of the conduct or
outcome of the bidding.
5. DATA / ASSISTANCE / FACILITIES TO BE MADE AVAILABLE BY DEVELOPER
a) Technical Data such as property plans, levels, soil particulars etc. to the extent available with
Developer are made available only for guidance and general information of the bidder. Developer
shall not accept any responsibility for its completeness or correctness.

b) Developer shall enter into agreement with the bidder on the basis of the Contract finalized during
the bidding stage. The bidder has to quote for all the works relevant to the Scope of Work, without
any exceptions.
c) Developer shall provide available necessary information to the successful bidder on request.
6. ELIGIBLE BIDDERS
6.1. No bidder (including all subcontractors of a bidder) shall be affiliated with a firm or entity:
a) which has provided consulting services during the preparatory stages of the Works or of the
project of which the Works form a part, or
b) which has been hired (or is proposed to be hired) as Consultant / Engineer for the Contract.
6.2. Bidding documents are not transferable. Only those firms who have been issued the Bid
document are eligible to submit their bids.
6.3. Bidder shall provide such evidence of their eligibility like Solvency certificate satisfactory to
the Developer, on request.
6.4. In case the Bidder is found to be disqualified at any stage of this exercise or after Award of
Work, the Developer reserves the right to discontinue all further dealings with the Contractor and to
get the balance work completed by any other firm as per the choice of the Developer. All expenses on
this account shall be recovered from the disqualified Contractor and his collaborators involved in the
project, if any.
7. ONE BID PER BIDDER
7.1. Each bidder shall submit only one bid. A bidder who submits or participates in more than one
bid will be disqualified.
8. SITE VISIT
8.1. The Bidder can visit and examine the Site of the Works and its surroundings and obtain for
himself on his own responsibility all information that may be necessary for preparing the bid and
entering into the Contract for the Works. Visiting the Site shall be at the bidder's own cost.
8.2. The Bidder and any of his personnel or agents will be granted permission by the Developer to
enter upon his premises and lands for the purpose of such inspection, but only upon the express
condition that the Bidder, his personnel, and agents, will release and indemnify the Developer and his
personnel, and agents from and against all liability in respect thereof, and will be responsible for death
or personal injury, loss of or damage to property and any other loss, damage, costs, and expenses
incurred as a result of the inspection.
8.3. Bidder will be deemed to have made themselves familiar with all details of nature of the
ground and sub-soils, the form and nature of the Site, the means of access to the Site, impact of
surrounding buildings, roads, structures, services, restrictions imposed in respect of noise, public safety
and fire access etc. and in general shall themselves obtain all necessary information as to risks,
contingencies, prevailing regulations, statutory controls, items to be supplied by the Developer and
other circumstances which may influence or affect their Tender.
8.4. Bidder will also be deemed to have satisfied themselves as to the conditions affecting the
supply of labour and to have allowed for all payments, costs and expenses incurred in providing and
maintaining an adequate and effective labour force.
B. BIDDING DOCUMENTS
9. CONTENTS OF BIDDING DOCUMENTS
9.1. The bidding documents are those stated below, and should be read in conjunction with any
addenda issued in accordance with Clause 12.0:

VOLUME I – FORMS & CONDITIONS OF CONTRACT
SECTION 1 NOTICE INVITING BIDS
SECTION 2 INSTRUCTIONS TO BIDDERS
SECTION 3A GENERAL CONDITIONS OF CONTRACT
SECTION 3B SPECIAL CONDITIONS OF CONTRACT
SECTION 4 CONTRACT DATA
SECTION 5 APPENDICES
SECTION 6 SAMPLE FORMS
VOLUME II – TECHNICAL SPECIFICATION & TENDER DRAWINGS
SECTION 7 TECHNICAL SPECIFICATIONS, TENDER DRAWINGS
VOLUME – III: BILL OF QUANTITIES
SECTION 8 BILL OF QUANTITIES
SECTION 9 HSE
9.2. Addenda, if any, will be supplied as per Clause 12.0.
9.3. The bidder is expected to examine carefully the contents of all the above documents. Failure
to comply with the requirements of bid submission will be at the Bidder‟s own risk. Pursuant to Clause
29 bid which are not substantially responsive to the requirements of the bidding documents, will be
rejected.
10. HEADINGS
10.1. The headings and marginal notes in the Conditions of Contract are included for ease of
reference, and shall neither constitute a part of the Contract nor affect its interpretation.
11. CLARIFICATION OF BIDDING DOCUMENTS
11.1. Bidder requiring any clarification of the bidding documents may notify the Developer in
writing at Developer‟s address indicated in the Notice Inviting Bids.
11.2. The Developer will respond to any requests for clarification, which he receives up to pre-bid
meeting with the bidders (Refer Clause 12.0). Copies of the Developer‟s response in the form of
addendum including a description of the enquiry but without identifying its source will be forwarded to
all purchasers of the bidding documents. Verbal information and/ or clarification given by the
Developer shall not be binding on the Developer.
11.3. The Developer discourages stipulation of additional conditions by the Bidder, as bidders are
expected to accept the various provisions and conditions in the Bid Documents. Conditional offer will
not be accepted. The Bidder has to submit the clean price bid without any pre condition or foot notes
etc. If such conditions are stipulated their bid will be treated as “Non Responsive”. Any conditions that
are required to be clarified have to be raised by Bidder before submitting their offer.
12. PRE-BID MEETING

Pre bid meeting date and timing shall be conveyed to bidder via email communication.

13. AMENDMENT OF BIDDING DOCUMENTS
13.1. At any time prior to the deadline for submission of bids, the Developer may, for any
reason, whether at his own initiative or in response to a clarification requested by a prospective
bidder, modify the bidding documents by issuing addenda. Each addendum will be issued in two copies.
Bidder shall duly sign and return one copy of each addendum along with their bids.
13.2. Any addendum thus issued shall be part of the bidding documents pursuant to Sub-Clause 9.1,
and shall be communicated in writing or by email to all purchasers of the bidding documents and will
be binding on them. Prospective bidders shall promptly acknowledge receipt of each addendum in
writing or by email to the Developer.
13.3. To afford prospective bidders the reasonable time in which to take all addenda into account in
preparing their bids, the Developer may, at his discretion, extend the deadline for submission of bids
specified in Clause 24.0.
13.4. Amendments to the Bid documents made through an addendum only will form part of the Bid
document.
C. PREPARATION OF BIDS
14. LANGUAGE OF BID
14.1. The bid prepared by the Bidder and all correspondence and documents relating to the bid
exchanged by the Bidder and the Developer shall be written in the English language. Supporting
documents and Publish literature furnished by the bidder may be written in another language, provided
these are accompanied by a translation of its pertinent passages in English. Failure to comply with this
condition may disqualify a bid. For purposes of interpretation of the bid, the English translation shall
govern.
15. DOCUMENTS COMPRISING THE BID
15.1. The bid prepared by the Bidder shall comprise the following documents:
 One (1) copy each of Volumes I, II (Technical Bid) duly stamped and signed on each page.
 One (1) copy each of Volume III (Price Bid) duly stamped and signed on each page.
15.2. The Bidder shall submit with its technical bid the following attachments:
a) Earnest Money Deposit (EMD): EMD furnished in accordance with Contract Data.
b) Power of Attorney : A Power of Attorney authorized by a Notary Public, indicating that the
person(s) signing the bid has the authority to sign the bid and thus that the bid is binding upon the bidder
during the full period of its validity in accordance with Clause 18.0.
c) A covering letter stating any other matter in relation to his bid, which the bidder considers,
should be drawn to the particular notice of the Developer.
d) Bidder‟s Eligibility and Qualifications
e) Details of any significant changes in the Bidder's management or financial position since
furnishing information when applying for Prequalification (Failure to disclose such changes, if revealed
later, may render the Contract liable for termination at the Contractor's risk and cost).
f) Eligibility and Conformity of the Facilities

Documentary evidence established in accordance with Developer‟s Requirements that

the Works are eligible and conform to the bidding documents.
i.Commentary on the Developer‟s Technical Specifications and adequate evidence demonstrating the
substantial responsiveness of the Works to those specifications. Bidders shall note that standards for
workmanship, materials and equipment designated by the Developer in the bidding documents are
intended to be descriptive (establishing standards of quality and performance) only and not restrictive.
ii.Work Execution Plan i.e. a write-up with full technical particulars indicating the methods of construction
including resources planned to be developer. It should consider all reasonable contingencies that may
arise in a work of this nature. (It should be distinctly understood that the purpose of the Statement is
limited to assessing the Bidder's technical capabilities and the acceptance of a bid does not imply
Developer's concurrence to the Method Statement.)
Work Execution Plan must include a list of Plant, Equipment, Manpower to be deployed on site and
Temporary works proposed to be Developer for construction and should furnish their leading particulars
including their output efficiency, capacities, etc. and must be compatible with the site and availability of
working area, etc. (Adequacy of plant and equipment proposed would be given due consideration in
evaluation of bids.)
g) Attested copy of the Sales tax and Income tax clearance certificate in the Performa prescribed
by the Government of India.
h) The bidder shall sign the undertaking regarding Compliance of Statutory Rules and Regulations in
the format given in Form No.10 in Volume I. Bids not containing such undertakings will not be considered
for further evaluation.
15.3. Conditional Bid
Developer discourages stipulation of additional conditions by the Bidders, as bidders are

expected to accept the various provisions and conditions stipulated in the Bid documents. Conditional
offer will not be accepted. The Bidder has to submit a clean price bid without any pre condition or
footnotes etc. If such conditions are stipulated their bid will be treated as “Non Responsive”. Any
conditions that are required to be clarified have to be raised by Bidder before submitting their offer.
16. BID PRICES
16.1. Unless stated otherwise in the bidding document, the Contract shall be for the whole Works
as described tender document to be carried out as per specifications based on agreed unit rates and
prices.
16.2. Rates should be quoted only in figures in Indian Rupees (INR) in column specified. All
erasures and alterations made while filling the tender must be attested by initials of the Tenderer and
seal affixed. Overwriting of figures is not permitted; failure to comply with either of these conditions
will render the tender invalid and it will be the option of the Developer, to accept or reject the
tender. Unsolicited advice of any change in rate or conditions after the opening of the tender will not
be entertained.
16.3. Items not specifically listed in the Price Schedules but required to be executed to
satisfactory compliance with the bid requirements as specified, shall not be separately paid for by the
Developer when executed and shall be deemed covered by other rates and price in his price schedules
16.4. Prices should be quoted both in figures and words in Indian Rupees (Rs) in columns provided in
Price Schedules in Volume-III. In case of discrepancy between the rates quoted in figures and words,
lower of the two shall be considered. All erasures and alterations made while filling the bid must be
attested by initials of the Bidder and Seal & Signature of Bidder. Overwriting of figures is not
permitted; failure to comply with either of these conditions will render the bid invalid and it will be
the option of the Developer, to accept or reject the bid. Unsolicited advice of any change in rate or
conditions after the opening of the bid will not be entertained.

17. SIGNATORY OF BID
17.1. Each page of the Bid documents including bid drawings should be signed by the person or
persons with seal of authority submitting the Bid in token of his/their having acquainted and agreed to
by himself/themselves with the General Conditions of Contract, Specifications, Particular Conditions of
contract, Developer‟s requirements etc., as laid down. Bid documents not so signed will be rejected.
17.2. If the bid is made by a proprietary firm, it shall be signed by the proprietor above his name
and the name of his firm with its current address.
17.3. If the bid is made by a limited company or a limited corporation, it shall be signed by a duly
authorized person holding the power of attorney for signing the bid in which case a certified copy of
the power of attorney shall accompany the bid. Such limited company or corporation may be required
to furnish satisfactory evidence of its existence before award of the Contract.
17.4. The Bid submitted on behalf of a firm shall be signed by all the partners of the firm or by a
partner who has the necessary authority on behalf of the firm to enter into the proposed contract. A
Copy of such Power of Attorney shall be submitted along with the Bid. Otherwise the bid may be
rejected by the Developer.
17.5. The bid shall contain no alterations, interlineations, erasures, omissions or additions, except
those to comply with instructions issued by the Developer, or as necessary to correct errors made by
the bidder, in which case such corrections shall be initialed by the person or persons signing the bid.
17.6. All witnesses and sureties shall be persons of status and probity and their full names,
occupations and addresses shall be stated below their signatures.
17.7. The bidder shall indicate in his bid, the name of the person who will be acting as his
representative for the purpose of this contract.
17.8. The bidder shall note that it is extremely important to duly filled in the Bid Form in all
respects and sign the same, which is a legal requirement.
17.9. All signatures in the Bidding Documents shall be dated.
18. VALIDITY OF BID
18.1. Bids shall remain valid for acceptance by the Developer for a period as stated in Contract Data
from the last date of submission of the Bid.
18.2. In exceptional circumstances, prior to expiry of the original bid validity period, the
Developer may request that the bidder extend the period of validity for a specified additional period.
The request and the responses thereto shall be made in writing or by email.
18.3. Any bidder submitting the tender agrees and consents to condition mentioned hereunder this
clause and submission of the Bid by any bidder shall be such assent, consent and acceptance of this
condition.
19. EARNEST MONEY DEPOSIT
19.1. Intending Bidders shall pay as Earnest Money Deposit (EMD) as stated in Contract Data. A Bid
which is not accompanied by such a bank guarantee will not be considered.
19.2. Under no circumstances EMD will be accepted in the form of fixed deposit receipts or Bank
cheque.
19.3. The EMD will be returned to the unsuccessful Bidders without any interest, only after the chosen
Contractor submits Performance Security Bank Guarantee.

19.4. The EMD of the successful bidder will be returned without any interest by the Developer, on
furnishing the required performance security by the bidder within 15 days of Letter of Award, in the
form of Bank Guarantee from a Nationalized / Scheduled Indian bank in the format acceptable to
Developer (refer Form No.4 – Proforma of Bank Guarantees in Volume I – Section 6).
19.5. The EMD may be forfeited
a) If the bidders withdraws his bid during the period of bid validity; or
b) If the bidder attempts to modify any prices / rates or substance of the bid after the deadline
of the submission of bids pursuant to Sub-Clause 24.1; or
c) If the Bidder does not accept the correction of Bid Total, pursuant to Sub-Clause 34.4; or
d) In the case of a Successful bidder, if he fails within the specified time limit to
i. Sign the Agreement, or
ii. Furnish the required Performance Security,
20. COST OF BID PREPARATION
The Bidder shall themselves be responsible for all the costs incurred in preparing, collecting
information, providing clarifications or attending discussions, conferences or in making presentations,
site visits etc. for submission of the BID. No claim will be entertained on this account by the
Developer, regardless of the conduct or outcome of bidding process.
21. COVERING LETTER TO BID
If the Bidder desires to submit a covering letter with his bid, he may do so, but the covering
letter shall not contain any reference to the amount of his bid or any financial aspect of bid. The covering
letter– shall be enclosed within the sealed cover containing Volumes I & II (Technical Bid) of the bid.
D. SUBMISSION OF BIDS
22. BIDDING FORMAT
The Bid is Two Part-bid system, namely Part-I-Technical Bid and Part-II- Price Bid.
23. SEALING AND MARKING OF BIDS
23.1. The Bid shall be marked and sealed in two envelopes as follows:
“Envelope „A‟ Technical (Un-priced) Bid "; "Envelope ' B'- Financial (Priced) Bid"
23.2. The contents of these envelopes shall be as follows:
1. Envelope ' A' –„Technical Bid‟
One set of (consisting of Volumes I, II) and addenda if any.
2. Envelope ' B' – „Price Bid‟
One sets (consisting of Volume III).
23.3. All the above 2 (Two) sealed envelopes will be placed in one main envelope and sealed.
23.4. The inner envelopes shall be addressed to:


Opp. Rahul Tower,
And shall bear the following identification
“BID FOR WATERPROOFING WORKS FOR RATNAAKAR ARAVALLI , SHELA, AHMEDABAD”
23.5. In addition to the identification required as above, the inner envelopes shall indicate the name
and address of the bidder to enable the bid to be returned unopened in case it is late or is not
accompanied by an acceptable Bid Security or is found to be non-responsive or if the financial bid is not
opened on account of not satisfying the Technical Bid evaluation criteria.
23.6. The bid shall be signed by a person or persons duly authorized to sign on behalf of the
bidder, pursuant to Sub-Clause 17.0. All pages of the bid where entries or amendments have been
made shall be signed by the person or persons signing the bid. All signatures in the bid documents shall
be dated. Tender documents not so signed will be rejected
23.14. Sealed Bids shall be sent/ submitted to:

Opp. Rahul Tower,
So as to reach on or before „Deadline for Submission of Bids‟ stipulated in Clause 24.1 hereunder.
23.15. No bid shall be accepted unless it is properly sealed. Bidders shall not be allowed to fill in or seal
their Bids at the Developer's Representative‟s office.
23.16. If the packet and the envelope are not sealed and marked as instructed above, the Developer
shall assume no responsibility for the misplacement or premature opening of the bid submitted. A Bid
opened prematurely due to this cause shall be rejected by the Developer and returned to the Bidder.
23.17. Telegraphic bids shall be treated defective, invalid and rejected. Only detailed complete bids
in the form indicated above in this Clause received prior to the closing time and date of the bids shall be
taken as valid.
24. DEADLINE FOR SUBMISSION OF BIDS
24.1. The Bids must be received by the Developer at the address as specified in Clause 23.6 not later
than 15:00 hours on 12 March 2019.
24.2. The Developer may, at its discretion, extend the deadline for the submission of bids by
amending the Bidding Documents in accordance with Clause 12, in which case all rights and obligations of
the Developer and bidders previously subject to the original deadline shall thereafter be subject to the
deadline as extended.
25. LATE BIDS
25.1. Any bid received by the Developer after the deadline for submission of bids prescribed by the
Developer, pursuant to Sub-clause 24.1 above, shall be declared “Late” and rejected and returned
unopened to the bidder.
26. MODIFICATION AND WITHDRAWAL OF BIDS
26.1. The bidder may modify or withdraw his bid after bid submission, provided that written notice of
the modification or withdrawal is received by the Developer prior to the deadline for submission of bids.

26.2. A withdrawal notice may be sent by fax but shall be followed by signed confirmatory copy, post
marked not later than the deadline for submission of bids.
26.3. The bidder's modification or withdrawal notice shall be prepared, sealed, marked and delivered
in accordance with the provisions of Clause 23 with the envelope additionally marked "MODIFICATION" or
"WITHDRAWAL", as appropriate.
26.4. No bid may be modified by the bidder after the deadline for submission of bids.
26.5. Not Used
26.6. Documents submitted in connection with the Bid will not be returned.
27. REJECTION OF BID
27.1. The Developer reserves the right to accept any or reject any or all bids without giving any reason
whatsoever.
27.2. Bids that are not properly filled are mutilated, have pages missing or with incorrect, inaccurate
calculations or generally not complying with the conditions will be rejected.
27.3. No alterations, amendments or modifications shall be made by the bidder in the Notice Inviting
Tenders, Instructions to the bidder, Bid Form, Conditions of Contract, Drawings and Specification and if
any such alterations, amendments or modifications are made or any special conditions attached, the
Tender is liable to be rejected without any information, notice or reference to the bidder.
E. BID OPENING AND EVALUATION
28. OPENING OF BIDS
28.1. Bids shall be opened by the Developer. No bidder is supposed to attend the bid opening.
28.2. Envelope-A containing Technical Bid shall be opened first.
29. PRELIMINARY EXAMINATION
29.1. Initially only technical (Un-priced) bids shall be opened and evaluated.
29.2. The Developer shall then examine the bids to determine whether they are complete and satisfy
the requirements of the Instructions to Bidders, whether required sureties have been furnished, whether
the documents have been properly signed, and whether the bids are generally in order. In case of any
discrepancies between the "Original", and "Copy" documents marked "ORIGINAL" shall be deemed to be
correct and authentic.
29.3. Prior to the detailed evaluation, pursuant to Clause 31.0, the Developer shall determine the
substantial responsiveness of each bid to the Bidding Documents. A substantially responsive bid is one,
which conforms to the terms, conditions, and specifications of the Bidding Documents without material
deviation or reservation. A material deviation or reservation is one which affects in any substantial way
the scope, quality or performance of the Works, or which limits in any substantial way, inconsistent with
the Bidding Documents, the Developer's rights or the Bidder's obligations under the Contract, and the
rectification of which deviation or reservation would affect unfairly the competitive position of other
bidders presenting substantially responsive Bids.
29.4. The Developer discourages stipulation of additional conditions by the Bidder, as they are
expected to accept the various provisions and conditions in the tender documents. Conditional offer will
not be accepted. The Bidder has to submit the clean price bid without any pre condition or foot notes
etc. If such conditions are stipulated their bid will be treated as “Non Responsive”.

29.5. A bid determined as not substantially responsive technically shall be rejected by the Developer
and may not subsequently be made responsive by the bidder by correction of the nonconformity.
29.6. The Developer may waive any minor informality or non-conformity or irregularity in a Bid which
does not constitute a material deviation, provided such waiver does not prejudice or affect the relative
ranking of any Bidder.
29.7. At the end of technical evaluation the Bids shall be classified as technically responsive and
technically non-responsive.
30. CLARIFICATION OF TECHNICAL BIDS
30.1. To assist in the examination, evaluation and comparison of technical bids, the Developer may, at
its discretion, ask the bidders individually for clarification of their bids including break-up of prices/rates.
The request for clarification and the response shall be in writing, or by fax but no change in the rates and
prices or substances of the bid shall be sought, offered or permitted except as required to confirm the
correction of arithmetical errors discovered by the Developer during the evaluation of the bids.
30.2. However, as a result of clarifications obtained on their technical bids, if the Developer desires to
modify any of the stipulation/ condition, he will write to all the bidders with a request to submit their
price tags for such changes in a separate sealed envelope; which shall be opened and evaluated along
with their original financial bids.
31. DETAILED EVALUATION OF TECHNICAL BIDS
31.1. The Developer will carry out a detailed evaluation of the bids previously determined to be
substantially responsive in order to determine whether the technical aspects are in accordance with the
requirements set forth in the Bid Documents. The data called for the detailed valuation is given in Clause
14 In order to reach such a determination, the Developer will examine and compare the technical aspects
of the bids on the basis of the information supplied by the bidders, taking into account the following
factors:
(a) Overall completeness and compliance with the Developer‟s Requirements; deviations
from the Developer‟s Requirements to the Bid and those deviations not so identified; suitability of the
works offered in relation to the environmental and climatic conditions prevailing at the site; and
quality, function and operation of any process control concept included in the Bid. The Bid that does
not meet minimum acceptable standards of completeness, consistency and detail will be rejected for
non-responsiveness.
(b) The evaluation will be made internally on but not limited to the following items:
S.No Items for Evaluation

1. 1Compliance with Formats asking for the Information.
2. Compliance with Technical requirements
3. Submittal of methodology statements
4. Time Schedule, Procurement plan
5. Submittal of Organization Chart, details of personnel to be deployed.

6. 2Tools & Plant & Machinery and period of deployment
Sourcing : Whether their own or hired locally with details
7. 3Submittals of details of Sub-Contractors / vendors

8. 7QA / QC procedures, formats for implementation
9. Financial strength
10. 9Experience on similar works
(c) Other relevant factors, if any, listed in the Bid Data Sheets, or that the Developer deems
necessary or prudent to take into consideration.

32. OPENING OF FINANCIAL BIDS
32.1. The Financial Bids of only those Bidders which are found substantially responsive pursuant to
Clause 31 shall be opened.
33. CLARIFICATION ON PRICE BID
33.1. To assist in the examination, evaluation and comparison of Price Bid the Developer may, at his
discretion, ask any bidder for clarification of his Price Bid including breakdowns of unit prices / rates. The
request for clarification and response shall be in writing or by email, but no change in the price or
substance of the bid shall be sought, offered or permitted except as required to confirm the correction of
arithmetic errors discovered by the Developer during the evaluation of the bids in accordance with Sub-
Clause 34.1. The response sent by email shall be followed by a signed confirmatory hard copy.
33.2. Any attempt by the bidder to modify any prices / rates or substance of the bid after the date of
opening of Price Bids may cause rejection of his bid.
34. EVALUATION OF PRICE BID
34.1. In financial bid evaluation, the Developer shall determine for each bid the Evaluated Bid Price by
adjusting the Bid Price as follows:
(a) Making any correction for errors pursuant to Sub-Clause 33.1.
(b) Adding any monetary cost of deviations in calculating the present value of the additional costs
the Developer would incur if such deviations were accepted.
(c) Making an appropriate adjustment for any other acceptable quantifiable variations or
deviations not reflected in the Bid Price or in the abovementioned other adjustments.
34.2. The Developer reserves the right to accept or reject any variation, deviation and other factors
which are in excess of the requirements of the Bidding Documents or otherwise result in the accrual of
unsolicited benefits to the Developer shall not be taken into account in Bid evaluation.
34.3. Price Bid submitted by the bidder will be checked by the Developer for any arithmetic errors.
Errors will be corrected by the Developer as follows.
34.4. where there is a discrepancy between the quoted rates in figures and in words, the rates in
words will govern;
34.5. where there is a discrepancy between the unit rate and the line item cost resulting from
multiplying the unit rate by the quantity, the unit rate as quoted in words will govern and the line item
cost will be corrected;
34.6. where there is an addition or transcription error, it will be corrected to arrive at correct total.
34.7. The Bid Total stated in the bid will be adjusted by the Developer in accordance with the above
procedure for the correction of errors and, with the concurrence of the bidder, shall be considered as
binding upon the bidder. If the bidder does not accept the corrected Bid Total, his bid will be rejected
and the EMD shall be forfeited in accordance with Sub-clause 20.5(c).
35. CONTACTING THE DEVELOPER
35.1. Subject to Clauses 30 & 33, no bidder shall contact the Developer on any matter relating to its
bid, from the time of the bid opening to the time the Contract is awarded.
35.2. Any effort by a bidder to influence the Developer in the Developer's decisions in respect of bid
evaluation or Contract award shall result in the rejection of that bidder's bid.

F. AWARD OF CONTRACT
36. ACCEPTANCE OF BID AND NOTIFICATION OF AWARD

 ACCEPTANCE OF BID
36.1. The Developer reserves the right to annul the process of Bid or to accept or to reject all or any of
the Bids without thereby incurring any liability to any applicant or any obligation to inform any
participant of the grounds for its action or assigning any reasons thereof.
36.2. The Developer does not bind himself to accept the lowest or any Bid and reserve to itself the
right to accept or reject any or all the Bids, either in whole or in part, without assigning any reason for
doing so.
36.3. The Bidder hereby agrees to abide by Developer‟s decision on all matters pertaining to this Bid
and undertakes not to resort to any actions either Legal or otherwise against Developer in this regard,
including direct / indirect canvassing / influencing etc., violation of this clause will lead to summary
disqualification of the Bidder without any reference to them.
 NOTIFICATION OF AWARD
36.4. Prior to expiration of the period of bid validity prescribed by the Developer, the Developer will
notify the successful bidder by E-mail, confirmed by letter that his bid has been accepted. This letter
(hereinafter and in the Conditions of Contract referred to as the "Letter of Award") shall name the sum
which the Developer will pay the Contractor in consideration of the execution, completion and remedying
any defects of the Works by the Contractor as prescribed by the Contract (hereinafter and in the
Conditions of Contract called "the Contract Price").
36.5. The notification of award will constitute the formation of the Contract.

VOLUME I - SECTION 3A
GENERAL CONDITIONS OF CONTRACT

CONTENTS
A. CONTRACT AND INTERPRETATION ............................................................................................ 24
1 Definitions ..................................................................................................24
2 Contract Documents ......................................................................................27
3 Interpretation ..............................................................................................29
4 Notices .......................................................................................................32
5 Governing Law .............................................................................................32
6 Settlement of Disputes ...................................................................................32
B. SUBJECT MATTER OF CONTRACT ............................................................................................. 33
7 Type of Contract ...........................................................................................33
8 Price Schedules ............................................................................................34
9 Contract Drawings .........................................................................................34
10 Contract Price/ Contract Value/ Contract Sum/ .....................................................35
11 Scope of Work ..............................................................................................36
12 Time for Commencement and Completion ...........................................................38
13 Developer / Consultants‟ Instructions .................................................................38
14 PMC / ARCHITECT‟s Status and Decisions .............................................................39
15 Contractor‟s Responsibilities ............................................................................40
16 Developer‟s Responsibilities ............................................................................53
C. PAYMENT .......................................................................................................................... 54
17 Contract Price ..............................................................................................54
18 Terms of Payment .........................................................................................54
19 Securities ....................................................................................................57
20 Taxes and Duties ..........................................................................................58
D. INTELLECTUAL PROPERTY ..................................................................................................... 58
21 Copyright ....................................................................................................58
22 Confidential Information .................................................................................59
E. EXECUTION OF WORKS .......................................................................................................... 59
23 Representatives ............................................................................................59
24 Work Program ..............................................................................................61
25 Subcontracting .............................................................................................62
26 Other Contractors .........................................................................................63
27 Design and Engineering...................................................................................64
28 Procurement................................................................................................66
29 Fabrication/ Construction/ Erection ...................................................................68
30 Test and Inspection .......................................................................................71
31 Completion of the Works.................................................................................72
F. GUARANTEES AND LIABILITIES ................................................................................................. 73
32 Completion Time Guarantee ............................................................................73
33 Defect Liability .............................................................................................74
34 Functional Guarantees ...................................................................................75
35 Patent Indemnity ..........................................................................................75
36 Limitation of Liability.....................................................................................76
G. RISK DISTRIBUTION .............................................................................................................. 76
37 Transfer of Ownership....................................................................................77

38 Not used .....................................................................................................77

39 Loss of or Damage to Property; Accident or Injury to Workers; Indemnification ............77
40 Insurance ....................................................................................................78
41 Unforeseen Conditions ...................................................................................81
42 Change in Laws and Regulations........................................................................82
43 Force Majeure ..............................................................................................82
44 Not Used .....................................................................................................83
H. CHANGE IN CONTRACT ELEMENTS ............................................................................................ 83
45 Variations ...................................................................................................83
46 Extension of Time for Completion .....................................................................84
47 Suspension ..................................................................................................85
48 Termination ................................................................................................85
49 Assignment ..................................................................................................86
50 Continuity of Services ....................................................................................87
51 Exempted Matters .........................................................................................87

A. CONTRACT AND INTERPRETATION
1.1 In construing these Conditions of Contract, the Technical Specifications,

1 Definitions Schedule of Quantities and Contract Agreement, the following words shall have the
meanings herein assigned to them except where the subject or context otherwise
requires :
a) “Act of Insolvency” shall mean any Act of Insolvency as defined by the
Presidency Towns Insolvency Act, or the Provisional Insolvency Act or any amending
statute.
b) “Arbitrator” means the person or persons appointed by agreement between
the Developer and the Contractor to make a decision on or to settle any dispute or
difference between the Developer and the Contractor referred to him or her by the
parties pursuant to GCC Sub-Clause 6.1 hereof.
c) “Approved” and “Approval”, where used in the Contract shall mean
respectively, approved by and the approval of the Developer in writing. When the
words 'Approved', 'Approval', 'Subject to Approval', 'Satisfactory', 'Equal to', 'Proper',
'Requested', 'As directed', 'Where Directed', 'When Directed', 'Determined by',
'Accepted', 'Permitted', or words and phrases of like import are used, the approval,
judgment, direction etc., is understood to be a function of the Developer.
d) “Agreement” means the written Contract between the Developer and the
Contractor covering the work to be performed, and other Contract Documents
attached to the Agreement and made a part thereof as provided therein.
e) “Addenda” means the written or graphic instrument issued prior to the
opening of Tender which clarifies, corrects or changes the Tendering requirements or
the Contract Documents.
f) “Bid” or “Tender” means the offer of the bidder to the Developer in
response to the Invitation to Bid as set forth in the Bid Document. The word “Bid” and
“Tender” and their derivatives (bidder/tenderer, bidding/tendering etc.) are
synonymous.
g) “Bidder” or “Tenderer” means the firm who have been issued the bid
documents with the intention of inviting a competitive quotation for the execution of
Works mentioned elsewhere in the Bid Document, and work in accordance with the
Contract Conditions and fulfilling all the obligations under the Contract.
h) “Certificate of Taking-Over/ Take-over Certificate” shall mean the
certificate issued by the Developer after completion of Works.
i) “Completion” means that the Works (or a specific part thereof where specific
parts are specified in the Bid Document) have been completed operationally and
structurally and put in a tight and clean condition, and that all work in respect of
Taking over of the Works by the Developer or such specific part thereof.
j) “Consultant‟s” instructions shall mean any drawings and/or instructions in
writing, details, direction and explanations issued by the Developer‟s Representative /
Project Management Consultant/ Architect or the Developer from time to time during
the 'Contract Period'.
k) “Contract” means the Agreement entered into between the Developer and
the Successful Bidder / Contractor, together with the Contract Documents referred to
therein; they shall constitute the Contract, and the term “Contract” shall in all such
documents be construed accordingly.
l) “Contract Documents” means the documents listed in the Form of Contract
Agreement (including any amendments thereto).
m) “Contract Price” or “Bid / Tender Price” means the sum specified in the
Contract Agreement, subject to such additions and adjustments thereto or deductions
there from, as may be made pursuant to the Contract.
n) “Contractor” means who is the successful Bidder whose Bid has been
accepted by the Developer and on whom the `Contract is placed by the Developer and
shall include his heirs, legal representatives, successors and permitted assigns,
o) “Contractor‟s Equipment” means all plant, facilities, equipment, machinery,
tools, apparatus, appliances or things of every kind required in or for completion of
Works that are to be provided by the Contractor, but does not include Plant and

Equipment, or other things intended to form or forming part of the Works, if

any.
p) “Contractor‟s Representative” means any person nominated by the
Contractor and approved by the Developer in the manner provided in GCC Sub-Clause
23.4 (Contractor‟s Representative – Project Engineer/Manager ) hereof to perform the
duties delegated by the Contractor
q) “Contractor‟s Works” or “Manufacturer‟s Works” shall mean the places
including land which are used by the Contractor or any of its Sub-vendor or Sub-
Contractor for the manufacture of equipment for the Plant or performance of Work.
r) “Date of Commencement” shall mean the date of issue of Letter of Intent /
Work order or letter of acceptance & Instructions whichever is earlier.
s) “Date of Contract” shall mean the calendar date on which the Developer and
the Contractor have signed the 'Contract'.
t) “Day” means calendar day of the Gregorian calendar from midnight to mid-
night.
u) “Defect Liability Period” means the period of validity of the warranties given
by the Contractor commencing from the date of „Completion certificate ‟ of the Works
or a part thereof, during which the Contractor is responsible for defects with
respect to the Works (or the relevant part thereof) as provided in GCC Clause 33
(Defect Liability) hereof.
v) “Drawings” shall mean all :
 Drawings furnished by the Developer or the Architect or as a basis for
proposals;
 Supplementary drawings furnished by the Developer or the Architect to clarify
and to define in greater detail the intent of the 'Contract';
 Drawings submitted by the Contractor with his proposal provided such
drawings are acceptable to the Developer or the Architect.
 Drawings furnished by the Developer or the Architect to the Contractor during
the progress of the work;
 Engineering data and drawings submitted by the Contractor during the
progress of the work provided such drawings are acceptable to the Developer.
 All drawings attached to the contract agreement and made a part there of.
w) “Developer” or “Owner” shall mean the said “Nishant Construction Pvt Ltd,
Ahmedabad” and includes their legal successors and permitted assigns.
x) “Facility” or “Work” shall mean the entire system to be designed and
constructed/installed in accordance with the provision hereof including the buildings,
structures, Plants, equipment, inventory incorporated therein, pipes, tunnels, ramps,
pits as well as all other services to be carried out by the Contractor under the
Contract.
y) “PMC” or “Project Management Consultant” shall mean the said “Synergy
Property Development Services Private Limited, 406 Kailas Corporate Lounge, Veer
Savarkar Marg, Vikroli (W), Mumbai-400 079” and includes their legal successors and
permitted assigns.
z) Not Used
aa) “GCC” means the General Conditions of Contract hereof.
bb) “Government Authority” shall mean any Indian entity, authority or Body
exercising executive, legislative, judicial, regulatory or administrative functions
including ,without limitations, any local government authority in India, agency,
department, board, commission or instrumentality of India or any political
subdivision thereof, court, tribunal, arbitrator or self-regulatory organisation.
cc) “Guarantee Test(s)” means the test(s) specified if any, in the Technical
Specifications to be carried out to ascertain whether the Facilities/Works or a
specified part thereof is able to attain the Functional Guarantees specified in the
Technical Specifications.
dd) “Installation Services” means all those services ancillary to the supply of the
Material, Plant and Equipment for the Works, to be provided by the Contractor and
Nominated Contractor under the Contract; e.g., transportation and provision of marine
or other similar insurance, inspection, expediting, site preparation works (including
the provision and use of Construction Equipment and the supply of all construction

materials required),fabrication, erection / installation, testing, pre-commissioning,

commissioning, operations, maintenance, the provision of operations and maintenance
manuals, training, etc.
ee) “Instructions” shall mean any instructions, drawings, specifications, details,
directions and explanations in writing issued by the Developer from time to
time during the subsistence of the Contract.
ff) “Interim Payment Certificate” means any payment certificate other than
Final Payment Certificate, issued by the Developer.
gg) “Law” shall mean and include all the provisions of all Indian regulations,
ordinance, codes, official or other standards, administrative or other rules, zoning and
other plans and restrictions, building and other permits, judgements, awards and
decrees of or agreements with any Central or State Government, semi-Governmental
or quasi-Governmental Authority as currently in effect or as may be in effect from
time to time and / or as may be amended or supplemented from time to time.
hh) “Letter of Award” or “Letter of Intent” or “LOI”, “LOA” or “Notice of
Award of Contract” means the formal communication in writing by the Developer to
the Successful Bidder/ the Contractor of the acceptance of the Bidder/ the
Contractor‟s Bid.
ii) Not Used.
jj) “Manufacturer” means any entity or firm who is the producer and furnisher
to the Contractor of any material or designer and fabricator of any
goods/equipment/systems / facilities which is to be incorporated in or forms
part of the Works.
kk) “Material” is all supplies, including consumables used by the Contractor for
incorporating in the Works.
ll) “Month” means calendar month of the Gregorian calendar.
mm) “Operational Acceptance” means the acceptance by the Developer of the
Works (or any part of the Works where the Contract provides for acceptance of the
Works in parts), which certifies the Contractor‟s fulfilment of the Contract in respect
of Functional Guarantees of the Works (or the relevant part thereof) in accordance
with the provisions of GCC Clause 34 (Functional Guarantees) hereof.
nn) “Party” means the Developer or the Contractor, as the context requires.
oo) “Performance Guarantees” shall mean the list of Guarantees offered /
provided by the Contractor for the due, punctual, satisfactory and faithful
performance of the entire Contract in accordance with the provisions of these
General Conditions of Contract.
pp) “Permanent Works” means the permanent works, plants, equipment and
materials including all Works to be Designed, Supplied, Fabricated,, Constructed,
manufactured, erected, executed, and tested in accordance with the Contract and
which form part of the Works.
qq) “Punch List” means the list prepared by the Developer/ Architect, in full co-
operation of Contractor, which shall set forth certain items of Work which remain to
be performed by the Contractor in order to ensure that the “Works” fully complies
with all of the standards and requirements set forth in the Contract.
rr) “Services” means all the work and obligations of the Contractor under the
Contract including without limitation to the works and services briefly described in
Specification
ss) “Site” means the land and other places upon which the Works are to be
installed, and such other land or places as may be specified in the Contract or as
designated time to time by the Developer as forming part of the Site.
tt) “Specification” shall mean collectively all the terms and stipulations
contained in those portions of the 'Contract' known as Conditions of Contract, the
Specifications and such Amendments, Revisions, Deletions or Additions, as may be
made in the Contract agreement and all written Agreements made or to be made
pertaining to the method and manner of performing the Work or to the quantities and
qualities of the materials to be furnished under this 'Contract'.
uu) “Subcontractor” means “Direct Subcontractors”, as employed herein,
includes those having a direct contract with the Contractor and it includes one who
furnishes material worked to a special design according to the plans or specifications

of this work but does not include one who merely furnishes material not so worked.
Anyone doing work on a piece rate basis shall be deemed a Subcontractors
The Term “Sub-Contractor” shall also include such specialist agencies selected by the
Developer and nominated to the Contractor as under a single point responsibility, and
assigned to the Contractor to get the Contract successfully completed.
vv) “Take Over” or “Taking Over” shall mean taking-over of the Works by the
Developer for the purpose envisaged under the Contract upon completion of
Performance tests as specified in the Contract.
ww) “Temporary Works” are works designed, constructed, installed and removed
by the contractor that are needed for the construction of the Permanent Works.
xx) “Time for Completion” means the time within which Completion of the Work
as a whole (or of a part of the Work where a separate Time for Completion of such
part has been prescribed) is to be attained in accordance with the specifications in the
Conditions of Particular Application (CPA) and the relevant provisions of the Contract.
yy) “Variation” is an instruction given by the Developer which varies the Works /
Facility.
zz) “Week” means seven consecutive days.
aaa) “Writing” shall include any manuscript, e-mail, typewritten or printed
statement, under or over signature and or seal as the case may be.
bbb) “Work” shall mean of Construction of 1 Level Basement + G + 2 Upper
Storied Bungalow Building, Aravalli By Ratnaakar, Shela, Ahmedabad to be executed
as specified in this Bid Document
ccc) “Quarter” means period of three months commencing from 1st January, 1st
April, 1st July and 1st October of the calendar year.
ddd) Change of Developer ship/control means the power to direct the
management and policies of an entity, whether through the Developer ship of voting
2 Contract capital, by Contract or otherwise
Documents 2.1 The following documents shall constitute the Contract document
 Contract Agreement.
 Work Order.
 Letter of Award / Letter of Intent.
 Addenda issued if any.
 Special Conditions of Contract.
 General Conditions of Contract.
 Contract Data.
 Appendices.
 Sample Forms.
 Technical Specifications.
 Bid drawings and the Contract drawings duly signed by the Bidder / the
Contractor.
 Price Schedule along with Preamble.
2.2 Subject to GCC clause 3.1, all documents forming part of the Contract (and all
parts thereof) are intended to be correlative, complementary and mutually
explanatory. The Contract shall be read as a whole.
In the event of any discrepancy between the details and / or description given in the
Price Schedules, the drawings and the technical specification, then the item shall be
deemed to have been priced in accordance with the details and / or description
confirming to the most superior/stringent provisions contained in any of the
following:-
 Price Schedule.
 Drawings.
 Technical specifications.
In all the cases, it is understood that the details and / or description not specially
mentioned in the Price Schedule and / or the drawings shall be the same as those
mentioned in the technical specification.
Any further interpretation of above clause shall be at discretion of Developer

2.3 Two original Contract /Agreement shall be made, one for the Developer and
the other for the Contractor. The Contractor shall make two (2) copies of Contract and
supply without any charge.
2.4 The Contractor shall keep on the Site one complete set of the Contract,
permits, and approvals, Change Orders, communications given and the documents
mentioned in GCC sub-clause 3.3. The Developer and their designated representatives
shall have the right to use such Documents at all reasonable times.
2.5 The Documents referred to in the specification shall be in the custody and
care of the Contractor .The Contractor shall furnish adequate number of copies /
prints of documents, drawings to the Developer/ Architect as specified. Distribution
schedule for documents, drawings and correspondences shall be worked out during the
Contract period.
2.6 The specifications forming part of this contract have been drawn up with all
possible care and are intended to cover the supply of all the materials, tools, plants
and equipment, labour and the execution of all works necessary to complete the
entire Work in all respects under this contract. In case there are any details of
construction or materials which have not been referred to in the specifications
detailed descriptions of items, schedule quantities, or the drawings but which are
usual or essential in the true completion of the purpose of the Work, the same shall be
deemed to have been included in the price quoted by the Bidder. Wherever
specifications are not stipulated, the Work shall be as per latest BIS specifications and
/ or directed by Developer following good Engineering practice.
2.7 Provided that nothing contained in the said Specifications, Descriptive

schedule or other document shall impose any obligation beyond those imposed by the
Contract Document as listed above.
2.8 It is however not the intent to specify completely herein all details of design
and construction of the equipment / system/ Works. However, the equipment /
system/ Works shall conform in all respects, to high standards of Engineering, Design
and workmanship and be capable of performing in continuous commercial operation up
to Bidder‟s guarantee in a manner acceptable to the Developer / Architect who will
interpret the meaning of the drawings and specifications and shall have the power to
reject any work or materials, which, in his judgement, are not in full accordance
therewith. Quantities, sizes and capacities of various equipment mentioned in the
specification and enclosed drawings are for bidders‟ guidance only. Successful Bidder
shall carefully check the above mentioned details while selecting and offering the
equipment.
2.9 The extent of works under this contract includes all items shown in the bid
drawings notwithstanding the fact that such items may have been omitted from the
specification or schedules. Similarly, the extent of works includes all items included in
the specification or schedules notwithstanding the fact that such items may not have
been shown in the bid drawings. Also such of those items not specifically included in
the specifications and drawings, but which are required to complete the intent of the
contract shall be deemed to be within the scope for supply by the Contractor.
2.10 All specialized equipment / services necessary for proper fabrication,

erection, of all Works and system covered under this contract shall be provided by the
Contractor. The cost of all such equipment and services shall be included in the
quoted contract price / rate.
2.11 After the award of the Contract, the Contractor shall without charge be
supplied with two sets of „Design‟ drawings and details through the Developer as may
be prepared by the Architect / Structural / Services consultants from time to time as
the work proceeds as are reasonably necessary either to explain or amplify the

Contract Drawings or to enable the Contractor to carry out and complete the work in
accordance with these General Conditions of Contract. Provided all such drawings shall
be a reasonable development of the work described in the Contract Document.
2.12 The Contractor shall keep one copy of the Specifications, Descriptive schedule
or other like document referred to in this Clause and one copy of the Contract Drawing
and such other drawings and details supplied to him from time to time and referred to
in this Clause upon the site so as to be available to the Developer/ Contractor or
his / their representative at all reasonable times.
2.13 None of the documents here-in-before mentioned shall be used by the

Contractor for any purpose other than this contract and the Developer shall divulge or
use except for the purpose of this contract any of the prices in the contract bills.
2.14 Upon final payment under the GCC Clause 18 of these General Conditions of
Contract the Contractor shall if so requested by the Developer; be forthwith returned
to the Developer all Drawings, Details, Specifications, Descriptive Schedule and other
Document of like nature which bears his name or that of the Consultant/s.
2.15 Where the Bidder / Contractor is a Partnership firm, the prior approval in
writing / No Objection Certificate of the Developer shall be obtained before any
change is made in the constitution of the firm.
Where the Bidder / Contractor is an individual or a Hindu Undivided Family business
concern, such approval / NOC as aforesaid shall likewise to be obtained before the
Contractor enters into any partnership agreement where under the partnership firm
would have the right to carry out the Work hereby undertaken by the Contractor.
Where Bidder/Contractor is a Company or trust or JV, any change in the Developership
or control of the Bidder/Contractor shall be made with the prior written consent of
the Developer.
In case prior approval/NOC as aforesaid is not obtained, the Contract shall be deemed
to have been assigned in contravention of Clause 48.5 of GCC.
3.1 In the Contract, except where the context requires otherwise:

3 Interpretation a) words indicating one gender include all genders;
b) words indicating the singular also include the plural and words indicating the
plural also include the singular;
c) provisions including the word “agree”, “agreed” or “agreement” require the
agreement to be recorded in writing;
d) “written” or “in writing” means hand-written, type-written, printed or
electronically made, and resulting in a permanent record; and
e) The terms “and”, “or”, “and/or” used in the context with the description or
enumeration of two or more items or components of work or documentation or
anything similar shall mean as is relevant and applicable to the text.
3.2 Communications
Wherever these Conditions provided for the giving or issuing of approvals, certificates,
consents, determinations, notices, requests and discharges, these communications
shall be:
a) in writing and delivered by hand (against receipt), sent by mail or courier, or
transmitted using any of the agreed systems of electronic transmission as stated in the
Contract Data; and
b) Delivered, sent or transmitted to the address for the recipient‟s
communications as stated in the Contract Data. However:
i. if the recipient gives notice of another address, communications shall
thereafter be delivered accordingly; and
ii. if the recipient has not stated otherwise when requesting an approval or
consent, it may be sent to the address from which the request was issued.

Approvals, certificates, consents and determinations shall not be unreasonably

withheld or delayed. When a certificate is issued to a Party, the certifier shall send a
copy to the other Party. When a notice is issued to a Party, by the other Party or the
Engineer, a copy shall be sent to the Engineer or the other Party, as the case may be.
3.3 Priority of Documents

The documents forming the Contract shall be interpreted in the following order of
priority :
i. Variation/Amendments
ii. Agreement
iii. Work Order with price schedule and preamble.
iv. Letter of Award
v. Letter of Intent
vi. Contract Data
vii. Special Conditions of Contract
viii. General Conditions of Contract;
ix. Technical Specifications
x. Tender Drawings
3.4 Language
3.5
3.5.1 The ruling language of the Contract shall be English.
3.5.2 The language for communications shall be English.
3.6 Singular and Plural

The singular shall include the plural and the plural the singular, except where the
context otherwise requires.
3.7 Headings
The headings and marginal notes in the General Conditions of Contract are included
for ease of reference, and shall neither constitute a part of the Contract nor affect its
interpretation.
3.8 Persons
Words importing persons or parties shall include firms, corporations and government
entities.
3.9 Entire Agreement

3.9.1 Agreement
The Parties shall enter into a Agreement within 15 days after the Contractor receives
the Letter of Award, unless the Particular Conditions establish otherwise. The Contract
Agreement shall be based upon the Pro-forma given in Section-6, Form-1. The costs of
stamp duties and similar charges (if any) imposed by law in connection with entry into
the Contract Agreement shall be borne by the Developer.
3.9.2 Subject to GCC Sub-Clause 15.20.3 hereof, the Contract constitutes the entire
Agreement between the Developer and the Contractor with respect to the subject
matter of Contract and supersedes all communications, negotiations and agreements
(whether written or oral) of parties with respect thereto made prior to the date of
Contract.
3.10 Amendment
No amendment or other variation of the Contract shall be effective unless it is in
writing, is dated, expressly refers to the Contract, and is signed by a duly authorized
representative of each party hereto.
Alterations in Specifications and Designs

a) The Developer shall have power to make any alterations in, additions to, the
original Specifications, Drawings, designs and instructions that may appear to be

necessary or advisable during the progress of the Work. The Contractor shall be bound
to carry out the Work in accordance with any instruction in this connection which may
be given to him in writing signed by the Developer and such alteration shall not
invalidate the Contract and shall be carried out by the Contractor on the same
conditions in all respects to which he agreed to do the main Work. The Rates will be
decided as per the provisions of Cl. Extra Item of GCC. The Contract variation in
quantity of individual items shall not be taken as extra items or amendment. The
Contract Rate or Rates derived in accordance with provisions of Extra Item Clause
shall apply for all new items and extra items.
b) Where, however, the Work is to be executed according to the designs,
Drawings and Specifications recommended by the Contractor and accepted by the
Developer, the alterations above referred to shall be within the scope of Contract and
no claim or additional compensation will be paid to the Contractor.
c) Right to Vary - Variations may be initiated by the Developer at any time prior
to issuing the Final Completion Certificate for the Works, either by an instruction or by
a request for the Contractor to submit a proposal. A Variation shall not comprise the
omission of any Work which is to be carried out by others. The Contractor shall
execute and be bound by each Variation, unless the Contractor promptly gives notice
to the Developer stating (with supporting particulars) that
(i) the Contractor cannot readily obtain the Goods required for the Variation,
(ii) it will reduce the safety or suitability of the Works, or
d) Deletion of Work
The Developer shall have the authority to reduce and/or delete any Work from the
Contract without receiving any claims from the Contractor.
e) Contractor‟s Claims
If the Contractor wishes to make a claim for a change in the Contract Price/ Sum or
the Contract time, the Contractor shall give written notice to the Developer/PMC
thereof within thirty (30) days from the day on which the cause of the claim arose,
after which the claim shall not be processed except in an Emergency endangering life
or property. No such claim shall be valid unless so made in writing. Any variation in
the Work content, Contract Price/Sum or the Contract time resulting from a change
that is approved by the Developer will be authorized by an Amendment Order.
Notwithstanding the period mentioned earlier in this clause, the Contractor shall make
the claim at the earliest in writing while it is possible to verify the claim particularly
where the components of the claim may not remain visible, due to the progress or
stoppage of construction, even within the time limit mentioned.
3.11 Independent Contractor

The Contractor shall be an independent contractor performing the Contract. The
Contract does not create any agency, partnership, joint venture or other joint
relationship between the parties hereto.
Subject to the provisions of the Contract, the Contractor shall be solely responsible for
the manner in which the Contract is performed. All employees, representatives or
Subcontractors engaged by the Contractor in connection with the performance of the
Contract shall be under the complete control of the Contractor and shall not be
deemed to be employees of the Developer, and nothing contained in the Contract or in
any subcontract awarded by the Contractor shall be construed to create any
contractual relationship between any such employees, representatives or
Subcontractors and the Developer.
3.12 Non-Waiver
3.12.1 Subject to GCC Sub-Clause 3.1 above, no relaxation, forbearance, delay or
indulgence by either party in enforcing any of the terms and conditions of the Contract

or the granting of time by either party to the other shall prejudice, affect or restrict
the rights of that party under the Contract, nor shall any waiver by either party of any
breach of Contract operate as waiver of any subsequent or continuing breach of
Contract.
3.12.2 Any waiver of a party‟s rights, powers or remedies under the Contract must be
in writing, must be dated and signed by an authorized representative of the party
granting such waiver, and must specify the right and the extent to which it is being
waived.
3.13 Severability
If any provision or Condition of the Contract is prohibited or rendered invalid or
unenforceable, such prohibition, invalidity or unenforceability shall not affect the
validity or enforceability of any other provisions and Conditions of the Contract.
4 Notices 4.1 Unless otherwise stated in the Contract Data, all notices and instructions to
be given under the Contract shall be in writing, and shall be sent by personal delivery,
airmail post, special courier, cable, telegraph, telex, facsimile or Electronic Data
Interchange (EDI) to the address of the relevant party set out in the Contract, with the
following provisions:
a) Any notice sent by cable, telegraph, telex, facsimile or EDI shall be confirmed
within two (2) days after dispatch by notice sent by airmail post or special
courier, except as otherwise specified in the Contract.
b) Any notice sent by airmail post or special courier shall be deemed (in the
absence of evidence of earlier receipt) to have been delivered ten (10) days after
dispatch. In proving the fact of dispatch, it shall be sufficient to show that the
envelope containing such notice was properly addressed, stamped and conveyed to the
postal authorities or courier service for transmission by airmail or special courier.
c) Any notice delivered personally or sent by cable, telegraph, telex, facsimile or
EDI shall be deemed to have been delivered on date of its dispatch.
Either party may change its postal, cable, telex, facsimile or EDI address or addressee
for receipt of such notices by ten (10) days‟ notice to the other party in writing.
4.2 Notices shall be deemed to include any approvals, consents, instructions,

orders and certificates to be given under the Contract.
5 Governing Law 5.1 The Contract shall be governed by and interpreted in accordance with laws of
Republic of India.
5.2 The Contractor shall confirm to all laws of the land and regulations and bye-
laws of any local authority and of any water or electricity supply companies
with whose system the work is proposed to be constructed. He shall before
making any variations from the drawings or specifications that may be necessitated for
so confirming, give to the Developer a written notice, specifying the variations
proposed to be made and the reasons for making them and apply for instruction
thereon in case the Contractor does not receive such instructions within seven days,
he shall proceed with the work confirming to the provisions, regulations or bye laws
in question and any variation in the drawing or specifications so necessitated
shall be dealt with under the GCC Clause 41 The contractor shall give notices required
by the said Acts, regulations or bye-laws and bear the required fees in connection
therewith. He shall also ensure that no attachments are made against materials for
works related to the Contracts. The Contractor shall protect and indemnify Developer
against all claims or liabilities arising from or based on the violation of such laws,
ordinances regulations, bye-laws, decrees or attachments by him or by his employees.
6.1 All disputes and differences of any kind whatsoever arising out of or in
6 Settlement of connection with this Contract whether during the progress of the work or after

Disputes their completion shall be referred in writing by the Contractor to the Developer shall
within 10 days from receipt make and notify its decisions thereon in writing to the
Contractor.
6.2 Decisions, directions, clarifications, measurements, drawings and certificates

with respect to any matter and made by Developer‟s Representative are matters which
are referred to hereinafter as exempted matters and shall be final and binding upon
the Contractor and shall not be set aside on account of non-observance of any
formality, any omission, delay or error in proceeding in or about the same or on any
other ground or for any reason and shall be without appeal. They shall be specifically
excluded from the scope of arbitration proceedings hereinafter referred to.
6.3 Subject to the aforesaid in the event of any dispute or difference between the
parties hereto as to the operation of this Contract, or the respective rights and
liabilities of the parties on any matter in question, dispute or difference on any
account or as to the withholding by Developer of any certificate to which the Supplier
may claim to be and entitled to or if Developer fails to make a decision within the
aforesaid time, then and in any such case, the Supplier after 90 days of his presenting
his final claim on the disputed matters, may demand in writing that the dispute or
differences be referred to and settled by arbitration before a mutually agreed Sole
Arbitrator, failing which the matter will be referred to a tribunal comprising of three
arbitrators where each party will nominate one arbitrator and the arbitrators so
appointed shall mutually appoint the third Arbitrator, who shall be the Presiding
Officer. The award of the Sole Arbitrator or the tribunal, as the case may be, shall be
final and binding on both the parties. The provision as per the Arbitration and
Conciliation Act 1996 shall apply to such arbitration proceedings. The arbitration
venue shall be at Ahmedabad. Costs of such arbitration proceedings shall be equally
shared between Developer and the Contractor until the Award is made upon which the
costs related to the arbitration shall be borne by the parties as decided in the Award.
6.4 The Contractor shall not, except with the consent in writing of Developer, in
any way delay the carrying out of the Work by reason of such matter, question or
dispute being referred to arbitration but shall proceed with the work with all due
diligence and shall, until the decision of the Sole arbitrator or the tribunal, as the case
may be is given, abide by the decision of Developer, and no award of the arbitrator
shall relieve the Contractor of his obligations to adhere strictly to Developer‟s
instructions with regard to the actual carrying out of the Work except as specifically
affected by such award.
6.5 Jurisdiction: Subject to the aforesaid provision of “SETTLEMENT OF DISPUTES

/ ARBITRATION” above the Courts in Ahmedabad will have the exclusive jurisdiction to
entertain and try any dispute hereunder.
B. SUBJECT MATTER OF CONTRACT
7 Type of Contract 7.1 The type of contract is Item Rate measured As per Final Bill Of Quantities.
7.2 The Contract shall be as per Bill of Quantities referred as “Bill of Quantities”
in Volume III of bid document. The Contractor shall be paid for the actual work done,
as measured at site, at the rates accepted in the Price Schedules.
7.3 The Contract is for complete supply, construction, testing, commissioning

and correction of defects as applicable during Defects Liability Period.
7.4 The Scope of Work for each item in the Price Schedules is all inclusive for
proper execution of the respective items and shall include supportive items as
required whether specifically mentioned or not.

7.5 The Price Schedules shall be read together in conjunction with Contract..
Superior/Stringent Stipulations in any of the following
If there is any inconsistency between the bill of quantities, specification and

drawings. In case of conflict among different sections/heads, precedence shall be
given in the following order of descending priority)
i. Bill of quantities and preamble to the bill of quantities
ii. Technical specification
iii. Good For Construction Drawings
iv. IS codes (Indian Standard)
Shall prevail.
7.6 Any variation either addition or deletion in any of the items required by the
Developer during execution of work will be based on the unit rates quoted and
accepted.
8.1 The Bill of Quantities given in Volume-III of the Bid Document is provisional
8 Price Schedules and is meant to indicate the scope of the Work and to provide a uniform basis for
bidding. The Developer reserves the right to increase or decrease any of the
quantities or to totally omit any item of work and the Contractor shall not claim any
extras or damages on these grounds. (Individual item no limits & overall variation +
or – 25%)
8.2 Where the Contractor has not quoted against and entered the bid, for item /
items in the Price Schedules and the bid had been accepted on the basis that the
cost of the item / items of work was included in the rates of other items of the bid
and thereafter compared with other bids to ensure uniform basis of bidding and
comparison, then the Contractor shall execute the full quantity of the said item /
items in the Price Schedules at his own cost without charging extra. If the said item /
items of work cannot be executed in full for any reason, the value of such work /
works to the extent not executed as assessed by the Developer shall be deducted
from any bills, notwithstanding the fact that the contract sum of the value of work
done exceeds or decreases from the value of work at the time of award of work. The
decision of the Developer in all such cases shall be final and binding on the parties.
8.3 Any error in description or in quantity or omission of items from the Price
Schedules shall not vitiate this Contract but shall be corrected and deemed to be a
variation required by the Developer provided that such items of works cannot be
inferred to form part of any item normally executed for which Contractor has quoted
a rate.
9.1 In general, the Drawings shall indicate dimensions, levels, position and type
9 Contract of construction; the Specifications shall indicate the qualities and the methods; and
Drawings the Price Schedules shall indicate the quantum and the rate for each item of work.
Any work indicated on the Drawings and not mentioned in the Specifications or vice
versa shall be furnished as though fully set forth in both. The same interpretation
shall apply between Price Schedules and Drawings. Work not specifically detailed,
called for, marked or specified shall be the same as similar parts that are detailed,
marked or specified.
9.2 Dimension and Levels

 All dimensions and levels shown on the drawings shall be verified by the
Contractor on the site and he will be held responsible for the accuracy and
maintenance of all the dimensions and the levels.
 Figured dimensions in all cases to be accepted and no dimension shall be
scaled. Large-scale details shall take precedence over small-scale drawings. In case
of discrepancy, the Contractor shall ask for clarification from the Developer before

proceeding with the work.
9.3 The Contractor‟s work shall not deviate from the Drawings and the
Specifications. The Developer‟s interpretation of these documents shall be final.
9.4 Errors or inconsistencies discovered in the Drawings and Specifications shall

be promptly brought to the attention of the Developer, for interpretation or
correction. Local conditions, which may affect the work, shall likewise be brought to
the Developer's attention. If at any time, it is discovered that work is being done
which is not in accordance with the Contract Drawings and Specifications, the
Contractor shall correct the work immediately. Corrections of defective work shall
not be a basis for any claim for extension of time or costs. The Contractor shall not
carry on work except with the knowledge of the Developer.
9.5 Figured dimensions on the Scale Drawings and large size details shall govern.
Large size details shall take precedence over small scale drawings. Any work done
before receipt of such details, if not in accordance with the same, shall be removed
and replaced or adjusted, as directed by the Developer without expense to the
Developer. The General Conditions of Contract apply with equal force to all the work
including authorized extra works.
9.6 All drawings, Price Schedules and Specifications and copies thereof furnished
by the Developer / Architect are their property. They shall not be used on any other
work and shall be returned to the Developer / Architect at his/their request on
completion or termination of the Contract.
9.7 Bar bending schedule

The Contractor shall prepare bar bending schedules/ Detailed Fabrication drawings
for Reinforced Concrete works and Structural steel works respectively based on the
Structural Design drawings issued by Developer for construction purpose.
10 Contract Price/ 10.1 Contract Price / Contract Sum

Contract Sum/ The Contract Price / Contract Sum shall not be adjusted or altered in any way
whatsoever otherwise than in accordance with the express provisions of these
General Conditions of Contract and subject to Price Schedules including Preambles of
the tender. Any error whether of Arithmetic or otherwise in the computation of the
Contract Value/ Contract Sum shall be deemed to have been accepted by the parties
hereto.
Contract Price -The amount of money the Developer has agreed to pay to the
Contractor including Taxes, Royalties but excluding labour cess (BOCW), for
performing the Work through the Agreement along with all the Contract at the time
of LOA/NOA.
Contract Sum -The amount of money the Developer has agreed to pay to the
Contractor including Taxes, Royalties but excluding labour cess (BOCW), for
performing the Work through the Agreement along with all the Contract and
Amendment Orders
10.2 The quality and quantity of the work included in the Contract Price/
Contract Value / Contract Sum shall be deemed to be that which is set out in the
Price Schedules which unless otherwise expressly stated in respect of any specified
item shall be deemed to have been prepared in accordance with the principles of the
standard method of measurement of building works as per this specification but save
as aforesaid nothing contained in the Contract Bills shall override, modify or affect in
any way whatsoever the application or interpretation of that which is contained in
these General Conditions of Contract.

11 Scope of Work 11.1 The Scope of Work for Proposed Bungalow Project “ 1 Level Basements + G
+ 2 Storied at Shela, Ahmedabad” for Nishant Construction Pvt Ltd consists of
Supply, Application & Testing of Waterproofing Works as mentioned in the Bill of
quantities, technical specifications and shown in the drawings forming part of
this tender and all ancillary/associate civil works for successful completion of
the project and is illustrated and defined by the Specifications and the Price
Schedules herewith attached and by Drawings. If the Contractor shall find any
discrepancy in or divergence between the Contract Drawings and/or the Contract
Bills he shall immediately give to the Developer a written notice specifying the
discrepancy or divergence and the Developer shall issue instructions in regard
thereto.
The Contractor‟s scope of work shall cover providing of all materials (except Material
Supplied by developer), equipment, plant, labour, Power, Water, transport, tools,
adequate dewatering arrangements and all other services necessary for the
complete execution of Works, including all surveying and setting out necessary for
the Works and clean-up of working areas after completion of the Works.
The Contractor‟s scope shall also cover temporary access roads for movement of the
equipment/ vehicles and temporary drainage, arranging a backup DG in case of
power failure as required.
11.2 Extent
11.2.1 The Contractor shall carry out and complete the work in every respect in
accordance with this Contract and with the directions of and to the reasonable
satisfaction of the Developer. The Developer may in his absolute discretion and from
time to time issue further drawings, details and/or written instructions, written
directions and written explanations all of which are collectively referred to as
Developer instructions. All such Drawings and instructions shall be consistent with
Contract Document, true developments thereof and reasonably inferable there from.
11.3 Temporary Works

11.3.1 Temporary Works
Before any temporary works are commenced the Contractor shall submit at least 7
days in advance to Developer for approval, complete drawings of all temporary works
he may require for the execution of the works. The Contractor shall also submit his
calculations relating to strength, if required by Developer and shall carry out
modifications that the Developer may require in accordance with the conditions of
contract at his own cost. The Contractor shall be solely responsible for the stability
and safety of all temporary works and unfinished works and for the quality of the
permanent works resulting from the arrangement eventually adopted for their
execution.
11.3.2 Temporary roads
Access roads shall be provided to the site by the Contractor from the main road at no
extra cost as directed by Developer. The Contractor shall be responsible for proper
maintenance of this access road and would take all care to see that existing services,
if any, are maintained in working order.
The construction and maintenance of temporary roads suitable for all weather
conditions for movement of heavy construction equipment within the site area

throughout the project duration shall be the Contractor‟s responsibility and the
Contractor shall take such measure as are necessary and as directed by Developer.
11.3.3 Temporary fencing etc.
The Contractor shall take over the existing fencing, if any and maintain the fencing
and gates, if any for the protection of the public and for proper execution of the
works including all costs incurred for the security of the works and in accordance
with the requirements of Developer and regulations of local authorities. These shall
be altered, relocated and adapted from time to time as necessary and removed on
completion.
11.4 Additional Items

11.4.1 The Contractor is bound to carry out any item of work necessary for the
successful completion of the job even though such item(s) is or are not included in
the quantities and rates. Schedule of instructions in respect of such additional items
and their quantities will be issued in writing prior consent in writing of the
Developer.
However any ancillary structures, miscellaneous works required to be carried out for
project completion would be measured under relevant BOQ item subjected to Clause
45.
11.5 Intent
11.5.1 The intention of the Document is to include all labour and materials,
equipment and transportation and any other items necessary for the proper
execution of the work. All such drawings and instructions shall be consistent with the
Contract, true developments thereof and reasonably inferable there from as made
clear in Clause (3) above. Materials of work described in words, which so applied,
have a well-known technical or trade meaning shall be held to refer to such
recognized standard.
11.5.2 Unless otherwise expressly limited in the Specifications, the Contractor‟s
obligations cover the provision of all manpower, material (Except those supplied by
the Developer ) , power required for Construction, Construction water, fuel, goods,
Plant , Equipment, consumables and the performance of all Services required for the
Design, Supply, Construction, manufacture (including procurement, quality
assurance, fabrication, erection installation testing, the Works and other associated
works, in accordance with the Conditions, plans, procedures, specifications,
drawings, codes and any other documents as specified in the Specifications. Such
specifications include, but are not limited to, the provision of supervision and
engineering services; the supply of labour, materials, equipment,; Contractor‟s
Equipment; construction utilities and supplies; temporary materials, structures and
facilities; transportation (including, without limitation, unloading and hauling to,
from and at the Site); and storage.
11.5.3 The Contractor shall, unless specifically excluded in the Contract, perform
all such work and/or supply all such items and materials and services not specifically
mentioned in the Contract but that can be reasonably inferred from the Contract as
being required for attaining Completion of the Works as if such work and/or items,
materials and services were expressly mentioned in the Contract.
11.6 Not Used.
11.7 Setting Out

11.7.1 Developer shall supply dimensional drawings, levels and all other information
necessary to enable contractor to set out the works.
11.7.2 Contractor shall set out the works and shall provide and fix all setting
out apparatus required and solely be responsible for the true and perfect setting out
the same.
11.7.3 Contractor shall also be fully responsible for the correctness of the positions,
levels, dimensions and alignment of all parts thereof as per drawings.
11.7.4 Contractor shall take in writing the approval of the Developer for setting out

and taking levels before starting the work.

11.7.5 Contractor shall also ensure to fix up one or more Permanent Benchmark
(PBM) at specific and proposed to be non-disturbed places in and around the project
boundary and always ensure to have a cross-check of measurement accuracy w.r.t.
permanent B.M. The PBM shall be restored / safeguarded with the highest degree of
care / precaution.
12 Time for 12.1 All works to be executed under the contract shall be executed under the
Commencement and direction of Developer and subject to his approval in all respect and who shall be
Completion entitled to direct at what point or points and in what manner they are to be
commenced and from time to time carried on. The date of commencement shall be
as per Contract Data.
12.2 The Developer may issue instructions in regard to the postponement of any
work to be executed under the provisions of this Contract.
12.3 Contractor can work on all working days from 08:00 am to 08:00 pm with
enough light and safety precautions with due notice to Developer. Any work requiring
consumption of cement shall not be done on Holidays and Sundays without prior
permission from the Developer. All works shall be commenced after a minimum
notice period of 24 hours to the Developer. Contractor shall not undertake any
construction activities during night times and holidays, which generates sound
enough to disturb occupants residing in neighbouring building. Contractor shall settle
all issues with complaints so that progress of work is not affected without causing
any expenditure and / or any other problems, whatsoever including legal to the
Developer.
12.4 The time stated as the Contract Period is the essence of the Contract.
13.1 The Contractor shall forthwith comply with and duly execute any works
13 Developer / comprised in such instructions issued to him by the Developer / Architect / in regard
Consultants‟ Instructions to any matter in respect of which the Developer / Architect is expressly empowered
by these General Conditions of Contract to issue instructions provided always that
verbal instructions, directions and explanations given to the Contractor or his work
representative by the Developer shall if involving a variation be confirmed in writing.
13.2 If within seven days after receipt of a written notice from the Developer
requiring compliance with an instruction the Contractor does not comply therewith,
the Developer may employ and pay other persons to execute any work whatsoever
which may be necessary to give effect to such instructions and all cost incurred with
such employment shall be recoverable from the Contractor by the Developer as a
debt or may be deducted by him from any monies due or to become due to the
Contractor under this Contract.
13.3 Upon receipt of what purports to be instructions issued to him by the

Developer the Contractor may request the Developer to specify in writing the
provision of these General Conditions of Contract which empowers the issue of the
said instruction. The Developer shall forthwith comply with any such request, and if
the Contractor shall thereafter comply with the said instruction, then the issue of
the same shall be deemed for all purposes of this Contract to have been empowered
by the provision of these General Conditions of Contract specified by the Developer
in answer to the Contractor‟s request.
13.4 Any instruction issued orally shall be of immediate effect, but shall be
confirmed in writing by the Contractor to the Developer within seven days, and if not
dissent from in writing by the Developer to the Contractor within seven days from
receipt of the Contractor‟s confirmation shall take effect as from the expiration of
the latter said seven days.

13.5 Provided always, that if the Developer within seven days of giving such an
oral instruction shall himself confirm the same in writing, then the Contractor shall
not be obliged to confirm as aforesaid, and the said instruction shall take effect as
from the date of the Consultant‟s confirmation and
13.6 Provided always that if neither the Contractor nor the Developer shall
confirm such an oral instruction in the manner and at the time aforesaid but the
Contractor shall nevertheless comply with the same, then the Developer may confirm
the same in writing at any time prior to the issue of the Final Certificate, and the
said instruction shall thereupon be deemed to have taken effect on the date on
which it was issued.
14.1 The PMC / Architect shall be the Developer's representative during the
14 PMC / Construction Period. The PMC / Architect shall visit the site to familiarise himself
ARCHITECT‟s Status and generally with the progress and the quality of the work and to determine in general
Decisions if the work is proceeding in accordance with the Contract Document and good
engineering practice. Contractor, at start of the project shall submit for approval of
PMC a comprehensive Method statement, Quality Assurance plan for all major
construction materials getting incorporated in the work and stage wise inspection
procedure for all major construction activities. Quality Assurance Plan will include
QC formats. Contractor shall from time to time submit QC forms duly filled in and
signed to PMC to demonstrate that the works are being executed in accordance with
the Contract Document and good engineering practice. PMC at his own discretion
shall decide to carry out further quality checks at any stage of works. PMC shall
condemn any work which fails to conform to the Contract Document. Contractor shall
make good as soon as reasonably possible any defects and deficiencies observed and
notified by the PMC. PMC is required to make exhaustive or continuous onsite
inspections to check the quality or quantity of the work and he shall not be
responsible for the Contractor‟s failure to carry out the construction work in
accordance with the Contract Document. During such visits and on the basis of his
observations while at the site he shall keep the Developer informed of the progress
of the work, shall endeavour to guard the Developer against defects and deficiencies
in the work of the Contractor and he shall condemn work which fails to conform to
the Contract document. He shall have authority to act on behalf of the Developer
only to the extent expressly provided in the Contract Document or otherwise in
writing which shall be shown to the Contractor. PMC shall have authority to stop the
work whenever such stoppage may be necessary in his reasonable opinion to ensure
the proper execution of the Contract.
14.2 Not Used
14.3 The PMC shall be in the first instance the interpreter of the Conditions and
the judge of its performance. He shall side neither with the Developer nor with the
Contractor but shall use his powers under the Contract to enforce its faithful
performance by both.
14.4 Decision
14.4.1 The PMC shall within a reasonable time make decisions on all claims of the
Developer or the Contractor and all other matters relating to the execution and
progress of the work or the interpretation of the Contract Document.
14.4.2 The PMC may in his absolute discretion and from time to time issue further
Drawings, details and/or written instructions, written directions and written
explanations in regard to :
 Any variation or modification of the design.
 The quality or quantity of works of the additions or omission or substitution
of any work.
 Any discrepancy in or divergence between the Drawings and / or
specifications.

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

 The dismissal from the works of any persons employed thereon.
 The opening up for inspection of any work covered up.
 The amendment and restoration of any defects under Defects Liability
Period.
 The removal from the site of any materials brought thereon by the
Contractor and the substitution of any other material there for.
 assignment and subcontracting
 Delay and extension of time.
 The postponement of any work to be executed under the provision of this
Contract.
14.4.3 PMC‟s Authority :
PMC shall obtain the specific approval of the Developer before taking action under
the following Sub-Clauses of the Conditions of Contract.
i. Determining value, Cost or extension of time.
ii. Giving a notice to the Contractor requiring him to complete within a
specified reasonable time for completion.
iii. Instructing the Contractor to suspend progress of part or all of the works.
iv. Determining and certifying a reasonable reduction in the Contract Price.
v. Instructing or approving a Variation.
vi. Not used.
vii. Giving notice that the Contractor‟s Equipment and Temporary Works will be
released to the Contractor.
viii. Consent to the Contractor‟s proposals.
ix. Certifying payments of claims.
14.5 Dismissal
14.5.1 The Contractor shall on the request of the Developer / PMC immediately
dismiss from the works any person employed thereon by him who may in the opinion
of the Developer / PMC be incompetent or misconducts himself and such person shall
not be again employed on the work without the permission of the Developer / PMC.
15.1 The Works as completed by the Contractor shall be wholly in accordance

15 Contractor‟s with the contract and fit for the purposes for which they are intended, as defined in
Responsibilities the contract. The Works shall include any work which is necessary to satisfy the
contract, Contractor‟s proposal and Schedule, or is implied by the Contract, or arises
from any obligation of the Contractor, and all works not mentioned in the contract
but which may be inferred to be necessary for stability or completion or the safe,
reliable and efficient performance of the Work.
15.2 The Contractor shall not enter upon or commence any portion of Work
except with the written authority and instruction of the Developer, failing which, the
Contractor shall have no claim to ask for measurement or payment for work.
15.3 The Contractor shall, supply, construct, erect (including associated

purchases and/or subcontracting), and complete the Works with due care and
diligence in accordance with the Contract.
15.4 The Contractor shall be allowed admittance to the works place on the 'Date
of Commencement' stated in the Contract Data and he shall thereupon and forthwith
begin the work and shall regularly proceed with and complete the same on or before
the 'Date of Completion' stated in the Contract Data subject nevertheless to the
provision for extension of time hereinafter contained.
15.5 Facilities such as Site office, storage, etc. for Scope of Work including
Construction power and Construction Water required shall be arranged by the
Contractor at his own cost. All necessary permission for site office, storage, all
necessary temporary structures etc., shall be obtained by the Contractor.

15.6 Security responsibility shall remain with the Contractor. No storage of

material may be allowed inside buildings without permission of the Developer.
15.7 Adequacy of space within the site required for execution purposes as well as
for stacking material, fabrication yard, and any other connected requirements
specifically not mentioned herein or otherwise shall be taken care of by the
Contractor. The Contractor should make his own arrangements for all the above
requirements including transportation of labour, materials etc., and the cost
incurred thereon shall be included in the quoted rates.
15.8 Notice to Authorities

The Contractor shall comply with and give all notices required to be given by the
Contractor under any Government Authorities, instrument, rule or order made under
the act of Parliament, State Laws, or any regulation or byelaws of any Authority
related to the work. The Contractor shall indemnify the Developer against any
liability in respect of the above, without any additional cost.
15.9 During the Contract Period, the Contractor shall also arrange and pay for
construction Power, Water, fuel, lubricants, chemicals and other consumables in
sufficient quantities and for collection and disposal of sewage and other wastes,
generated at Project site by the Contractor, to enable him to perform the Work.
15.10 The Contractor confirms that it has entered into this Contract on the basis of
a proper examination of the data relating to the Works including any data provided
by the Developer, and on the basis of information that the Contractor could have
obtained from a visual inspection of the Site and of other data readily available to
him relating to the Works on of the date of bid submission. The Contractor
acknowledges that any failure to acquaint itself with all such data and information
shall not relieve his responsibility for properly estimating the difficulty or cost of
successfully performing the Works.
15.11 The Contractor shall acquire in his name all permits, approvals and/or
licenses from all local, state or national government authorities or public service
undertakings in the area where the Site is located that are necessary for the
performance of the Contract. The Contractor shall acquire all other permits,
approvals and/or licenses that are not the responsibility of the Developer under GCC
Sub-Clause 16.4 hereof and that are necessary for the performance of the Contract.
15.12 The Contractor shall comply with all laws in force in the country where the
Works are carried out. The laws will include all local, state, national or other laws
that affect the performance of the Contract and bind upon the Contractor The
Contractor shall indemnify and hold harmless the Developer from and against any and
all liabilities, damages, claims, fines, penalties and expenses of whatever nature
arising or resulting from the violation of such laws by the Contractor or its personnel,
including the Subcontractors and their personnel.
15.13 Unless otherwise specified in the Contract or agreed upon by the Developer
and the Contractor, the Contractor shall provide sufficient, properly qualified
personnel; shall supply and make available all raw materials, utilities, lubricants,
chemicals, catalysts, other materials and facilities; and shall perform all work and
services of whatsoever nature, including those required by the Developer to properly
carry out required Performance Guarantee Tests.
15.14 The Developer / PMC and his / their authorised representatives shall at all
reasonable times have access to the Works and to the workshops or other places of
the Contractor where work is being prepared for the Contract and when work is to be
so prepared in workshops or other places of a Sub- Contractor (whether or not a
Contractor as defined in Clause 28 of these General Conditions of Contract ) the

Contractor shall have a term in the Sub-contract so as to secure a similar right of

access to those workshops or places for the Developer / PMC and his representatives
and shall do all things reasonably necessary to make such right effective
15.15 The Contractor shall cooperate and share the site with other contractors,
public authorities, Utilities and the Developer during the Contract Period.
15.16 The Contractor shall not without the prior consent of the Developer assign to
any person any benefit of or obligation under the Contract in whole or in part. Such
assignment, if approved by Developer, shall not relieve the Contractor from any of
his obligations, duty, or responsibility under the Contract.
15.17 Any Sub-Contracts entered into by Contractor pursuant to these Conditions

of Contract shall provide that, pursuant to terms that are available on commercially
reasonable basis, the rights and obligations of the Contractor under each such sub-
contract are assignable and delegable to the Developer, its successors and assigns.
15.18 Co-ordination of Work

15.18.1 The Developer reserves the right to let other Contracts in connection with
the Project. The Contractor shall afford other contractors reasonable opportunity for
the introduction and the execution of their work, and shall properly connect and
co-ordinate his work with theirs. If any part of Contractor‟s or Sub-Contractor‟s work
depends for proper execution or results upon the work of any other Contractor or
Sub-Contractor, the Contractor shall inspect and promptly report to the Developer
any defects in such work that render it unsuitable for such proper execution and
results. Failure of the Contractor to so inspect and report shall constitute an
acceptance of the other Contractor‟s work as fit and proper for the reception of his
work, except as to defects which may develop in the other Contractor‟s or
Sub-Contractor‟s work after the execution of the work. To ensure the proper
execution of his subsequent work the Contractor shall measure work already in place
and shall at once report to the Developer any discrepancy between the executed
work and the Drawings.
15.18.2 At the commencement of work, and from time to time, the Contractor shall
confer with the direct sub-contractor, nominated direct subcontractor/ Nominated
Contractor and other Contractors, persons, engaged on separate contracts in
connection with the work, and with the Developer for the purpose of the
co-ordination and execution of the various phases of the work.
15.18.3 The Contractor shall ascertain the Sub-Contractor‟s, persons engaged on
separate contracts in connection with the Works, the extent of all chasings, cuttings
and forming of all openings, holes, grooves, etc. as may be required to accommodate
the various services, the Contractor shall ascertain the routes of all services and the
positions of all floor outlets, traps, etc. in connection with the installation of plant
and services and arrange for the Construction of work accordingly.
15.18.4 The Contractor must avoid the breaking and cutting of completed work.
15.18.5 The Contractor should allow contractors from other trades to use his
facilities, infrastructure etc., if required.
15.19 Labour and Labour Regulations

15.19.1 The Contractor shall not employ / use child labour. No labour shall reside
within the Project Site except authorized security guards without approval of
Developer.
15.19.2 All rules and regulations of Labour Department, Contract Labour Laws,
Provident Fund & ESI and connected laws, Workmen Compensation, Insurance etc.,
and all other laws of the land are to be complied with, by the Contractor within the
quoted rates.
15.19.3 Festivals and Religious Customs
The Contractor shall respect the Country‟s recognized festivals, days of rest and
religious or other customs.
15.19.4 Funeral Arrangements

The Contractor shall be responsible, to the extent required by statutory regulations,

for making any funeral arrangements for any of his local employees who may die
while engaged upon the Work.
15.19.5 Alcoholic liquor or drugs
The Contractor shall not, otherwise than in accordance with the Laws of the Country,
import, sell, give, barter or otherwise dispose of any alcoholic liquor or drugs, or
permit or allow importation, sale, gift, barter or disposal thereto by Contractor‟s
Personnel.
15.19.6 Arms and Ammunition
The Contractor shall not give, barter, or otherwise dispose of, to any person, any
arms or ammunition of any kind, or allow Contractor‟s Personnel to do so.
15.20 Design & Drawings

15.20.1 The Contractor shall execute and complete the Works within the Time for
Completion, and shall remedy any defects within the Contract and Defect Liability
Period. The Contractor shall provide all superintendence, labour, Materials,
Contractor's Equipment, Temporary Works and all other things, whether of a
temporary or permanent nature, required in and for such design.
15.20.2 Before commencing execution, the Contractor shall satisfy himself regarding
the Developer‟s requirements, and the Construction Drawings issued by the
Architect. The Contractor shall bring to notice of the Developer / Architect of any
error, fault or other defect observed in the Drawings furnished by the Developer /
Architect.
15.20.3 Any clarification/discrepancy in the tender shall be sorted out with the
Developer, before execution of Works. Developer‟s decision in this regard shall be
final and binding on the Contractor.
15.20.4 The Contractor shall carry out, and be responsible for, proper execution of
Works according to Drawings furnished by Architect and the Technical Specification.
15.21 Health, Safety & Environment Programme

15.21.1 The Contractor shall strictly comply with the Health, Safety & Environment
Programme as per Appendix- A. in Volume – I. The Contractor shall keep the
Developer fully indemnified against any claims or liabilities arising out of
Contractor‟s lapse in safety practices
15.21.2 The Contractor shall take full responsibility for the adequacy, stability and
safety of all Site operations, of all methods of construction and of all the Works,
irrespective of any approval or consent by the Developer.
15.21.3 The Contractor shall at his own expense arrange for complying with all the
occupational safety, health and welfare legislations of Government of India/
Government of Gujarat, including the civil code and the Building and Other
Construction Workers Act 1996.
15.21.4 Safety Officer & Surveyor
Experienced Safety Officer & Surveyor with adequate number of supporting personnel
shall be appointed for full time on the Site during the execution of the works by the
Contractor.
15.21.5 Safety Code and Safety Rules
The Contractor shall at his own cost follow all the safety rules and regulations and
safety codes such as :
B.I.S. code No. SAFETY CODE FOR

4014 [Part-2]:1967 Steel tabular scaffolding. – Part-2 Safety
regulations for scaffolding.
3764:1992 Excavation work [1st revision]
13415:1992 Protective barriers in and around building.
13416 [Part-1]: 1992 Recommendations for preventive measures

against hazards at work places. Part-1

Falling material hazards prevention.
13416 [Part-2] :1992 Recommendations for preventive measures

against hazards at work places. Part-2 Fall
prevention.
13416 [Part-3] : 1992 Recommendations for preventive measures

against hazards at work places. Part-3
Disposal of debris.
13416 [Part-5] : 1992 Recommendations for preventive measures

against hazards at work places. Part-1 Fire
protection.
4081 : 1986 Blasting and related drilling operation [1st

revision]
7293 : 1974 Working with construction machinery.
7969:1975 Handling and storage of building materials.
8989:1978 Erection of concrete framed structures.
3696:[Part-I] 1987 Scaffolds and ladders: Part-1 Scaffolds.
9696:[Part-2] 1991 Scaffolds and ladders: Part-2 Ladders.
Over and above, the Contractor shall follow at his own cost, any other safety codes
required for successful execution of contract.
a) First Aid facility shall be maintained in a readily accessible place with first
aid appliances including adequate supply of sterilized dressings and cotton wool.
Trained First Aiders and First Aid Boxes must be available on Site with regular
replenishment.
The Contractor shall deploy at site an emergency vehicle, (Ambulance) round the
clock, to meet any eventualities to shift accident victim to nearest hospital.
b) An injured person shall be taken to a hospital without loss of time, in the
cases where the injury necessitates hospitalization. Tie up with a nearest hospital is
a must.
c) Suitable and strong scaffoldings should be provided for workmen for all
works that cannot safely be done from ground. Bamboo scaffolding will not be
permitted.
d) No portable single ladder shall be over 8 meters in length. The width
between the side rails shall not be less than 30 cm. (clear) and the distance between
two adjacent rungs shall not be more than 30cm. When a ladder is used an extra
labour shall be engaged for holding the ladder. Ladder must confirm to Indian
Standard.
e) The excavation material shall not be placed within 1.5 metres of the edge of
the trench or half of the depth of trench whichever is more. All trenches and
excavations shall be provided with necessary fencing and lighting. Fencing must
confirm to Indian Standard with Hand and Mid-Rail. Slopes /Steps/Timber shoring to
be provided considering the depth and soil quality. Ladders/ Ramps to be provided to
get in and out of the trench. For every 15m length 1 ladder is must.
f) Every opening in the floor of a building or in a working platform to be
provided with suitable means to prevent the fall of persons or materials by providing
suitable safety netting / mesh / fencing or railing whose minimum height shall be
one meter. Cut out opening also can be closed with waste shuttering material and
anchor fastener.

g) No floor, roof or other part of the structure shall be so overloaded with

debris or materials as to render it unsafe.
h) Workers employed on mixing and handling material such as asphalt, cement
mortar or concrete and lime mortar shall be provided with protective footwear and
rubber / heat resistant hand gloves and goggles.
i) Those engaged in welding works should be provided with welder's protective
eye shields and gloves. All persons at site shall wear shoes and protective safety
helmets approved for construction sites.
j) No paint containing lead or lead products shall be used except in the form of
paste or readymade paint.
k) Suitable facemasks should be supplied for use by the workers when the paint
is applied in the form of spray or surface having lead paint dry rubbed and scrapped.
l) Overalls and Goggles shall be supplied by the Contractor to the painters and
adequate facilities shall be provided to enable the working painters to wash during
the period of cessation of work.
m) Hoisting machines and tackle used in the works, including their attachments,
anchorage and supports shall be in perfect condition. Inspection by a competent
person is a must.
n) The ropes used in hoisting or lowering material or as a means of suspension
shall be of durable quality and adequate strength and free from defects.
15.21.6 Safety Rules to Be followed by the Contractor during Execution of Work:

a) All the staff working at site shall wear helmets and Safety shoes.
b) All Waterproofing equipment used by the Contractor will have double
earthing and will be connected through an ELCB. 30 mAmp capacity.
c) No temporary Waterproofing connections with loose wire will be permitted.
For all Waterproofing connections, proper sockets and plugs will be used and wiring /
cabling clamped.
d) Waterproofing hand tools like drilling machine will be of 220 volts type
provided with an adequate step down transformer.
e) 30 mAmp ELCB's will be used wherever power & Waterproofing connections
are taken by the Sub Contractor.
f) Fire fighting portable extinguishers will be used and located at appropriate
locations. Preventive maintenance of extinguishers is a must.
g) All staff working at heights will use safety belts and standard platforms with
42" height railing
h) All the staff working will as far as possible wear Safety shoes.
i) All electricians will have wiremen's licence.
j) Standard ladders shall be used & non-standard ladders will not be permitted.
k) Inflammable materials like Petrol, Kerosene, Wax etc., will not be allowed
to be stored at site stores. Special storage space with fire protection arrangements
will be provided. MSDL of all chemicals must be kept available.
l) Each Contractor will keep well-furnished FIRST AID boxes (one per 100
persons) with easy accessibility.
m) Welding mechanics and electricians will wear rubber gloves.
n) Personal protecting equipment like Ear Plugs, Goggles, various Gloves, Safety
Belt, Safety Helmet, Rubber and Safety Shoes, etc., should be used and available in
Contractor‟s stores.
o) Use of asbestos will not be permitted.
p) If correct manual handling is not used, it can result in back injuries.
Therefore all workers should be trained in safe manual handling. Special objects
require special handling.
q) All scaffolding will be of steel and double stage unless otherwise permitted.
r) Contractors have to ensure that all equipment tools, brought on to the
premises will be in a safe condition has recently been checked and that all personnel
using the equipment and tools have been trained in their safe use. Periodic checking
and calibration of Tools and Records are must.
s) Contractor to ensure that whilst on site premises, he will comply with all
health and safety legislation as required by the Developer.

t) All the platforms, scaffolding and catwalks should have railings of 1 Mt.
height and 100 mm toe board. All the catwalks should be minimum 450 mm wide and
of grill type. All ladders should have hand rails. Minimum weekly inspection of
scaffolding with Record is a must.
15.21.7 Arrangements for fire fighting

The Contractor shall provide arrangements for fire fighting at his own cost. For this
purpose, he shall provide requisite number of fire extinguishers and adequate
number of buckets, some of which are to be always kept filled with sand and some
with water. These equipments shall be provided at suitable prominent and easily
accessible places and shall be properly maintained.
The Contractor may be subject to periodic fire prevention inspections and any
deficiency or unsafe condition shall be corrected by the Contractor at his own cost
and to approval of Developer and the relevant authorities.
These fire prevention inspections shall include but not limited to the following:
i. Proper handling, storage and disposal of combustible materials, liquids and
wastes.
ii. Work operations which can create fire hazards.
iii. Access for fire fighting equipment.
iv. Type, size, number and location of fire extinguishers or other fire fighting
equipment.
v. Inspection and maintenance records for extinguishers.
vi. Type, number and location of containers for the removal of surplus materials
and rubbish.
vii. General housekeeping.
15.22 Protection / Safety of adjacent Structures, trees and shrubs

15.22.1 The Contractor shall provide and erect to the approval of the Developer such
supports as may be required to protect efficiently all structures and protective
guards to trees which may be endangered by the execution of the works or otherwise
take such permanent measures as may be required by the Developer to protect the
structures and trees
15.22.2 Trees and Shrubs designated by the Developer shall be protected from
damage during the course of the work and the earth level shall not be changed
within three feet of such trees. Where necessary such trees and shrubs shall be
protected by means of temporary fencing.
15.23 Quality Assurance

The Contractors QA / QC program shall be in line with Developer‟s Requirements.
Developer reserves the right to recommend changes/ alternations / addition and/or
deletion to the same and Contractor shall be obligated to abide by the same. The
Contractor shall submit project specific QA/QC programme and manual for the
approval of Developer‟s Representative.
All works, embracing more than one process shall be subject to examination and
approval at each stage thereof as stipulated by Developer.
All The materials proposed to be used for construction shall be tested as per the
frequency of testing of materials as mentioned in IS Codes.
Contractor shall give reasonable notice in writing to Developer when each stage as
per milestone is ready.
Contractor is expected to be reasonably practical in proposing this time period.

However, concreting shall not be allowed without inspection of Developer.
In default of such notice received, Developer shall be entitled to appraise the quality
or reject the particular stage of work and in the event of any dispute; the decision of
Developer thereon shall be final and binding.

Record of such approval will be maintained at site and kept in the safe custody of
Developer.
Interim approvals do not absolve the responsibility of Contractor from their liability
for the work which is to be as per specifications and quality on completion.
15.24 Antiques
15.24.1 All fossils and other objects of interest or value which may be found at the
site or in excavating the same during the progress of the work shall become the
property of the Developer. The Contractor shall carefully take out and preserve all
such objects and shall immediately or as soon as conveniently may be after the
discovery of such articles deliver the same into the possession of the Developer un-
cleaned and as excavated.
15.24.2 If in the opinion of the Developer compliance with the provisions of the
preceding Clause has involved the Contractor in direct loss and/or expense for which
he would not be reimbursed by a payment made under any other provision in this
Contract then the Developer shall ascertain the amount of such loss and/or expense,
any amount from time to time so ascertained shall be added to the Contract sum,
and if an Interim Certificate is issued after the date of ascertainment any such
amount which would otherwise be stated as due in such certificates.
15.25 Protection and cleaning

15.25.1 The Contractor shall protect and preserve the work from all damage or
accident by providing any temporary coverings, boxing or other construction as
required by the Developer. This protection shall be provided for all property
adjacent to the site as well as on the site.
15.25.2 The Contractor shall properly clean the work as it progresses and shall
remove all rubbish and debris from the site from time to time as is necessary and as
directed. On completion the Contractor shall ensure that the premises and/or site
are cleaned off surplus materials debris, sheds etc. removed, areas under floors
cleared or rubbish in gutters and drains cleared, and handed over to the Developer so
that the whole premises is left fit for immediate occupation or use and to the
satisfaction of the Developer.
15.25.3 The unsuitable excavated earth, refuge and bentonite slurry etc. arising
from the works both as it accumulates, at regular intervals and also on completion of
the works or as directed by Developer, shall be carted away from the site and
disposed in the appropriate dump yard as per Statutory regulations. The rate of
excavation includes cost of all necessary licenses, Royalty charges and permissions
for the disposing the unsuitable earth from appropriate
15.25.4 It is the responsibility of the Contractor to obtain a certificate from the local
authorities concerned to the effect that all rubbish arising out of Contractor‟s
activities at the construction site or any other offsite activities borrow pits and / or
disposal area[s] has been properly disposed-off.
15.25.5 This certificate from the authority shall be dated not later than the [last]
certificate of completion of works and is to be enclosed with the payment certificate
in which the Contractor requests for payment of any retention money due to him.
15.26 Photographs and Video CDs/ DVDs

15.26.1 The Contractor shall take photos and video from the locations approved by
the Developer to show the progress of work at monthly intervals throughout the
construction period and furnish photographs (3 sets) and CDs/ DVDs of required
duration (minimum 15 minutes for each month) duly indicating there in the specified
number of negative / prints affixed in albums along with each R. A. Bill Invoice. Each
photograph shall be marked with the description of the photograph and location from
which it was taken.
15.26.2 The ownership and copyright of all photographs / CDs/ DVDs and negatives
shall be vested with the Developer and are not to be used without his permission
under any circumstances. Negatives and prints / CDs/DVDs shall be handed over to
the Developer monthly.

15.27 Field Organisation and Equipment

15.27.1 Site Management:
15.27.1.1 The Contractor shall constantly keep on his work, during its
progress, qualified and competent Project Engineers under the overall in-charge of
the Project Manager who will be responsible for the carrying out of the works to the
true meaning of the Drawings, Specifications and Price Schedules, Developer‟s
instructions and directions to the satisfaction of the Developer. Attention is called to
the importance of requesting instructions from the Developer before undertaking any
work where Developer‟s directions or instructions are required. Any such work done
in advance of such instructions will be liable to be removed.
15.27.1.2 The Contractor shall constantly keep upon the Works on a full-time
basis, the key personnel which are including but not limited to the following:
 A competent and experienced project manager who shall be overall in-
charge of the works.
 Qualified and competent structural engineers with past experience in the
erection of reinforced concrete high rise buildings and structural steel works.
 Qualified and competent mechanical and electrical engineers who shall act
as the Project Manager for all mechanical and electrical works on this project. The
Mechanical/Electrical Engineer in this connection shall be fully experienced in the
type of works to be carried out under this Contract. He shall organise and coordinate
on all the Project Contractor‟s behalf all mechanical and electrical engineering
aspects of the Works.
 A qualified and competent Planning Manager with past experience in the
planning and programming of the works.
 Adequate number of foreman / supervisors who shall be continuously in
charge of the execution and maintenance of the Works/ Plant & Equipment /
Machinery throughout the currency of the Contract. Designated qualified plant
manager with adequate number of supporting personnel.
 Adequate number of designated qualified plant manager with adequate
number of supporting personnel , foremen, site supervisors and all necessary “back-
up” staff who are skilled, competent and experienced in their respective
calling/trades.
 Adequate number of Designated qualified personnel for quality assurance,
quality Control & Safety with adequate number of supporting personnel.
These key personnel once employed for the Works and approved by the Developer
shall not be removed from the Works without prior consent from the Developer.
The provision of such organisation chart and the Developer /approval thereof shall
not limit the Contractor‟s responsibilities and obligations in respect of adequate
staffing at the Site. In the event additional staff are considered necessary to properly
and effectively supervise the execution of the Works in the opinion of Developer, the
Contractor shall provide such additional staff within reasonable time (not more than
15 days) at no extra cost to the Developer.
15.27.2 Plant and Equipment:

The Contractor shall provide and install all necessary hoists, ladders, scaffolding,
tools, tackles, plants, concrete weigh batcher, dewatering equipment, shoring,
strutting etc., all transport for labour, materials and plant necessary for the proper
carrying on execution and completion of the work to the satisfaction of the
Developer and supports, scaffolding and use of standing scaffolding and all other
equipment etc. If in the opinion of Developer, additional mobilisation of Plant &
Equipment, Machinery, Scaffolding etc., The Contractor shall provide additional
equipment etc. within a reasonable time at no extra cost to the Developer.
Contractor to bear all operation and maintenance cost to maintain all plant and
equipment in good working condition.

All necessary permits required from the local / relevant authorities shall be taken by
the Contractor before erection of any plant / equipment. The permit shall be
submitted to Developers office for reference. Fee or any statutory charges including
incidental charges incurred during getting such permits shall be borne by Contractor.
15.27.3 Management Meetings

Either Developer or the Contractor may require the other to attend a management
meeting, and then Contractor shall organize for meeting as mentioned in Contract
Da. The business of each management meeting shall be to review the anticipated
arrangement for future work and to resolve any raised matters. PMC shall record the
business of management meetings and provide copies of this record to those
attending the meeting and to the Developer. The responsibility of the parties for any
actions to be taken shall be included in such record and shall, if not agreed in
accordance with the Contract, be decided by Developer.
The Contractor‟s Representative shall notify Developer at the earliest opportunity of

specific likely future events or circumstances which may adversely affect the work or
increase the Contract Price or delay the execution of the Works. Developer may
require the Contractor to submit an estimate of the anticipated effect of the future
event or circumstances, The Contractor shall submit such estimate and/or proposal
as soon as practicable. The Contractor‟s Representative shall co-operate with
Developer in making and considering proposals to mitigate the effect of any such
event or circumstances, and in carrying out instructions of Developer.
15.27.4 Site Meetings

Progress, quality, safety evaluation meetings will be held at the site every week or as
mutually agreed. The Contractor‟s senior representative in charge of the project
along with his site-in-charge shall participate in these progress review meetings and
ensure all follow up actions. Any additional review meetings shall be held if required,
as decided by the Developer which also shall be attended by the above referred
representatives
Contractor shall arrange weekly site progress, review meeting between Contractor‟s
Project Manager and Developer Project team.
Contractor shall arrange site progress meeting in first week of every month between
Top Management of Contractor and Developer to review the progress of work.
15.27.5 Site Office Accommodation for the Contractor

The Contractor shall construct and maintain site office at the job site at a location
approved by Developer at its own cost. Such office shall be open at all reasonable
hours to receive directions, instructions, or other communication from Developer. In
case the constructed office needs to be shifted, then the cost of dismantling the
constructed office, clearing the space and rebuilding the office at new location shall
be borne by the Contractor.
Display of notices
The Contractor shall display all permissions, licenses, registration certificates and
other statements required to be displayed under various labour laws and other
legislations applicable to the works at the site office and also maintain the requisite
register / records factually and up-to-date and keep them ready for inspection by the
concerned authorities and also make available the same to the Developer for
inspection.
15.27.6 Site Office Accommodation for Developer / PMC

NA.
15.27.7 Hoarding
The Contractor shall at his cost put up a suitable hoarding of approximate size 5 m x
4 m in Local Language / English to a design to be approved by Developer. The board
shall include the Name of the Project, Developer, Architect, Project Management
Consultant and the Contractors.

15.27.8 Watchmen:
Security of the entire Project Site, from the date of taking possession of the Site
from the Developer through execution of the Contract will be the responsibility of
the Contractor.
The Contractor shall make his own security arrangements to guard the Site and
premises at all times, at his own expense. The security arrangements shall be
adequate to maintain strict control on the movement of equipment, material and
labour. The Contractor shall extend the security arrangements to guard the material
stored and/or fixed on the premises by the Subcontractors.
The Contractor shall be responsible for keeping un-authorised persons off the Site.
15.27.9 Storage of Materials:

The Contractor shall provide, erect and maintain proper sheds for the storage and
protection of the materials etc. and also for the execution of Work which may be
prepared on the Site with permission of the Developer.
Sheds used for the storage of cement, lime, Reinforcement steel and other
perishable materials shall have raised floors.
All petroleum, explosives and flammable materials shall be stored in fire-proof

buildings and precautions taken with regard to location and fire risks. Statutory
licenses required for the storage of such materials shall be obtained by the
Contractor well in advance at its own cost and means.
15.27.10 Sanitary Conveniences:

The Contractor shall provide and erect all necessary sanitary convenience for the Site
staff and the workmen maintain the same in a clean orderly and hygienic condition,
clean and 50deodorize the ground after removal. The contractor shall be responsible
for providing adequate number of sanitary facilities as per the statutory regulations.
15.27.11 Not Used.
15.27.12 Scaffolding, Staging, Guardrails:

The Contractor shall provide scaffolding, staging, guardrails, temporary stairs which
shall be required during construction. The support for the scaffolding, staging,
guardrails and temporary stairs shall be strong, adequate for the particular situation.
The temporary access to the various parts of the Building under construction shall be
rigid and strong enough to avoid any chance of mishaps. The arrangement proposed
shall be subject to the approval of the Developer.
15.27.13 House Keeping :

The Contractor shall be required to maintain the site, works and surroundings in a
neat and orderly manner, free of accumulating debris, haphazard stacking of
materials, unhygienic and unsafe environment, cleaning of the site at all levels inside
and outside, removal of unwanted materials, packing cases etc., shall be undertaken
at least once on daily basis. The Contractor shall nominate the Safety Officer to be
responsible for housekeeping. Unwanted material and debris shall be carted away
from site and disposed-off on a daily basis.
i. Providing housekeeping facilities for Site office, godown, toilets, etc. shall
be at Contractor‟s own expense and the same is to be included in the quoted rates.
ii. Contractor guarantees to make sure that the cleanliness of the site including
the compound, labour camp and the sanitary blocks of visitors, engineers, staff and
labour to be clean on hourly / daily basis to maintain the hygiene level.
iii. If in the opinion of Developer that the House keeping is not carried out to
acceptable standards, then the Developer have the right to engage an outside agency
for the same at the cost & risk of the Contractor.

15.27.14 Power and Water

 Water: Developer will provide construction water from bore well at one
point source free of cost. However, distribution to respective locations to be
arranged by the Contractor including operation and maintenance of the bore well at
his cost. In event of break-down or non-availability of water from bore well,
contractor has to make an alternative arrangement for water so that the work
progress shall not be affected and the cost for the same shall be reimbursed at
actual along with RA Bill.
Drinking water shall be arranged by the Contractor for Labour camp, Site Office, etc
as required.
Power: Electricity shall be provided by Developer at one point on chargeable basis.

It shall be Contractors responsibility to make necessary arrangements for
distribution as required at his cost. The electrical scheme shall be approved by the
PMC before commencement of any work.
In case of power failure, the contractor shall make his own arrangements for power
generators and consumables like diesel etc at his own cost, so that the work progress
shall not be affected.
15.27.15 Labour Camp Facilities

The Contractor shall make his own arrangement for labour camp for his labour. Space
for labour camp shall be provided by the developer. Contractor shall propose the
land / space for setting up of labour camp and submit the layout for Developer‟s
Approval. The availability / constraints of space in the site premises shall be taken
into account and accordingly the arrangement should be done by the Contractor.
Colony / shelters to be constructed shall be situated at suitable heights where there

is no danger of water (waste or rainy) accumulation; as such accumulated water
ultimately leads to breeding ground for mosquitoes. Shelters constructed shall
protect labourers / workers from rain, cold and heat.
The material used for construction of shelters should be environmental and human
health friendly.
The size of the each shelter should be such that there is no cramping or over-
crowding.
Electric supply should be provided at camps for illumination purpose.
Adequate potable and other water for the use of the camp residents should be
provided. The quantity shall be decided considering the number of persons residing
in the camp.
There should be proper access to the shelters.
Labourers residing at camp should be encouraged to maintain their camp clean by

providing waste bins and waste disposal system.
Facility should be created to drain out waste water. Drainage of camps/colony shall
be connected to drainage system or soak tanks to avoid water accumulation.
Adequate toilets and washing facilities shall be provided for the labourers inside the
camp.
Safety & Health related posters shall be placed in the camp to increases safety and
health awareness amongst the labourers. The Contractor shall at all times take the

necessary precautions to protect the Contractor‟s Personnel residing at the camp

from insect and pest nuisance, and to reduce their danger to health. The Contractor
shall comply with all the regulations of the local health authorities, including use of
appropriate insecticide.
First-aid facility shall be provided in the camp also few workers should be trained to
render first-aid.
Recreation facilities should be provided in the camp to entertain labourers so that

after hard work they remain in camp.
The Contractor shall implement a comprehensive and effective vector control

programme for the camp site which shall include all necessary measures to prevent
the camp site from becoming favourable to the breeding or harbouring of mosquitoes
or other vectors.
Vector control shall consist of :

i. Checking for mosquito breeding at least once a week
ii. Larviciding all stagnant water using insecticides or anti-mosquito oil at least
once a fortnight.
iii. Thermal fogging at least once a fortnight and if the Site is located within a
malaria–sensitive area, residual spraying of the walls at monthly intervals shall be
required.
The Contractor shall comply with and pay all charges levied by any Government or
Public Authority with jurisdiction on matters of pollution or hygiene.
It is expected that about 150 - 200 labourers will need to be accommodated at peak
construction time. Provision for the same to be included in the scope by the
Contractor.
15.28 Documents on Site

The Contractor shall maintain including but not limited to the following documents at
Site which are including but not limited to the following :
i. Muster Roll
ii. Labor Register
iii. Hindrance Register
iv. Material Register (Materials Account Statement)
v. Stock Register
vi. Material Testing Register
vii. Daily Works Register
viii. Measurement Book
ix. Site Instruction Book
x. Project Risk Register
xi. The Contractor shall keep and maintain latest editions of relevant B.I.S.
codes at the work site and make it available to Developer when required
xii. Any other documents required by Developer to check quality / progress of
Work, etc.
The Contractor including its subcontractors and vendors shall maintain records and
accounts in connection with the performance of this Contract, which will accurately
document incurred costs, both direct and indirect, of whatever nature for a period of
five (5) years from the date of completion of the Work unless otherwise specified by
applicable law. Developer or Developer‟s representatives shall have the right to
examine and copy, at all reasonable times and with advance notification, such
records and accounts for the purpose of verifying payments or requests for payment
when costs are the basis of such payment and to evaluate the reasonableness of
proposed Contract Price adjustments and claims.

15.29 Co-ordination with other agencies

The Contractor shall execute the work in strict consultation with the Developer and
in with other agencies appointed by the Developer. The Contractor shall provide the
scaffolding, staging, guardrails, temporary staircase etc. for other agencies use also,
as and when instructed by Engineer-in-Charge. The erection and dismantling of the
same be done by the Contractor, the cost towards shifting, transporting and any
other allied cost shall be borne by the Contractor.
15.30 Reports By Contractor

a) The Contractor shall arrange at his own cost to maintain a progress record of
the works carried out by himself and all subcontractors by taking postcard size colour
photographs as required / as directed by Developer during the construction stages
and after completion and shall supply one set to the Developer and one set to the
Developer at no extra cost. These photographs shall also be submitted as part of the
contractors R.A Bills.
b) The Contractor shall file daily category wise labour return. The report shall
indicate scheduled requirement against actual strength.
c) The Contractor shall prepare Weekly Reports of planned and actual progress
of work and subsequent week's scheduled work. These will also include material
procurement status. These reports shall be submitted to Developer and shall be
reviewed in Weekly Co-ordination Meeting.
d) The Contractor will be required to submit monthly reports on the progress of
his work as per the format approved by Developer
e) Further, Progress Charts and Schedules shall be prepared by the Contractor
as directed by Developer.
f) The Contractor shall use “Microsoft Project” software for drawing up Project
Schedules and Project tracking. The project schedule shall be with activity wise
quantities and resource loaded. The schedule should be tracked and the updated
schedule should be submitted to Developer every week.
15.31 Possession, Completion and Postponement

On the date for commencement stated in the Contract Data, possession of the site
shall be given to the Contractor who shall thereupon begin the works and regularly
and, diligently proceed with the same, and who shall complete the same on or before
the date for Completion stated in the said Contract Data subject nevertheless to the
provisions for extension of time.
15.32 Contractor shall take labour license after issue of Form V by Developer
15.33 All necessary permits, licenses, registration and other clearance required for
construction of the work, current local regulations of the Municipality / Factory
inspector with regard to layout and functional design of the structural and all
statutory water / sewerage charges as may be applicable shall be arrange by
Contractor and any fees deposits towards the above shall be paid by Developer.
15.34 Contractor to ensure that work should not stop due to non-compliance or
statutory requirement related to labour license and labour laws
16.1 The Developer shall ensure the accuracy of all information and/or data to be
16 Developer‟s supplied by the Developer as described in Specification except when otherwise
Responsibilities expressly stated in the Contract.
16.2 The Developer shall be responsible for acquiring and providing legal and
physical possession of the Site required for the proper execution of the Contract,
including all requisite rights of way.
16.3 If the Contractor suffers delay and / or incurs cost from failure on the part
of the Developer to grant right of access to or availability of the Site, the Contractor

shall give notice to the Developer. After receipt of such notice the Developer shall
proceed to determine any extension of time to which the Contractor is entitled under
GCC sub-clause 46.1.
16.4 The Developer shall acquire and pay for all such permits, approvals and/or
licenses from all local, state or national government authorities or public service
undertakings in the area where the Site is located, which require the Owner to
obtain them in the Developer‟s name and are necessary for the Commencement of
the Contract (they include those required for the performance by both the
Contractor and the Developer of their respective obligations under the Contract).
16.5 The Developer shall pay in timely manner in accordance with Agreed
payment Schedule, subject to fulfilment of milestones and provided the Contractor is
not in breach of Contract, the Contract Price and all other sums, if any, required to
be paid by it to the Contractor pursuant to the Contract after making appropriate
applicable deductions for taxes.
C. PAYMENT
17.1 The Contract Price shall be as specified in the Form of Agreement.

17 Contract Price
17.2 The rates quoted by the Contractor in the Price Schedules and as accepted by
the Developer shall be firm during the Contract Period including Extended Period, if
any and shall not be subject to any alteration, unless otherwise provided in the
Contract.
17.3 The Contractor shall be deemed to have satisfied himself as to the

correctness and sufficiency of the Contract Price, which shall, except as otherwise
provided for in the Contract, cover all its obligations under the Contract.
17.4 The Bidder / the successful Contractor shall note that this Contract does not
provide for any Price Adjustment Clause and he shall take into account while working
out the rates, any price escalation till completion of entire scope of works.
17.5 The Bidder / the successful Contractor shall also note that no claim for
additional expenses / costs etc. shall be entertained by the Developer for the work
done during the extended period, if any.
18.1 All payments by the Developer under this Contract will be in Indian Rupees.
18 Terms of
Payment 18.2 Advance Payment
Developer shall make an advance payment, as defined in Contract Data, if requested
by the Contractor, as interest free loan for mobilisation and cash flow support, when
the Contractor submits a bank guarantee of equivalent amount along with
Performance Bank Guarantee and accepting work order unconditionally. The
Mobilization Advance shall be recovered as stated in the Contract Data.
18.3 Interim Payments

18.3.1 R A Bill shall be submitted only on completion of work on monthly basis. The
minimum value of the bill shall be as stipulated in Contract Data. Payment shall be
done as specified in the Contract Data against each RA bill.
18.3.2 All running account (Interim payment) bills / Milestone payment bills and final
bills shall be prepared and submitted (hard copy 3 sets & soft copy CD) by the
Contractor in the prescribed printed forms, to the PMC/Developer. Running Account
bills shall be submitted along with measurements certified by PMC/Developer. It shall
be the responsibility of the Contractor to get the measurements verified and certified

by the respective Engineers of Developer periodically, before attaching with the bills.
18.3.3 The charges in the bills shall always by entered at the rates specified in the
Contract or in the case of any extra work ordered in pursuance of these conditions and
not mentioned or provided for in the bid, at the rates derived from the existing items
and subsequently accepted by the Developer for such work.
18.3.4 PMC shall certify the running account (Interim Payment) bills/ Milestone
payment bills submitted by the Contractor with all required enclosures, attachments
etc., to enable payment by the Developer.
18.3.5 Interim / progressive payments shall be made to the Contractor for the value
of work done (subject to the required deductions) against running account (progress
payment) bills based on detailed recorded measurements and certification of bills by
the Developer within time specified in Contract data from receipt of the corrected
bill. The Developer shall make payment to the Contractor within time specified in
Contract data from receiving the certified bill from Developer.
18.3.6 All such interim / progressive payments shall be regarded as payment by way
of advances against final payment only and shall not preclude the requiring of bad,
unsound and imperfect or unskilled work to be rejected, removed, taken away and
reconstructed or re-erected. Any certificate given by the Developer relating to the
work done or materials delivered forming part of such payment, may be modified or
corrected by any subsequent such certificate(s) or by the final certificate and shall
not by itself be conclusive evidence that any work or materials to which it relates is /
are in accordance with the contract and specifications. Any such interim payment, or
any part thereof shall not in any respect conclude, determine or affect in any way the
powers of the Developer under the contract or any of such payments be treated as
final settlement and adjustment of accounts or in any way vary or affect the contract
right of the Developer under the terms of the contract.
18.3.7 At the period of Interim Certificate named in the Contract Data to these
General Conditions of Contract the Developer shall issue a certificate stating the
amount due to the Contractor from the Developer, and the Contractor be entitled to
payment therefore within the period for honouring certificates named in the Contract
Data to these General Conditions of Contract.
18.3.8 The amount stated as due in an Interim Certificate shall subject to any
agreement between the parties as to stage payments, be the total value of the work
properly executed and of the materials and goods delivered to or adjacent to the work
for use thereon up to and including a date not more than seven days before the date
of the said Certificate less any amount which may be retained by the Developer (if
provided in the General Conditions of Contract) and less any instalments previously
paid under this Condition, provided that such certificate shall only include the value
of the said materials and goods as and from such time as they are reasonably, properly
and not prematurely brought to or placed adjacent to the work and then only if
adequately protected against weather or other casualties.
18.4 Not Used.
18.5 Claim for Extra

18.5.1 When any instruction or decision given at site involves extra work or where
the Contractor may plan to claim an extra, it shall be the responsibility of the
Contractor to inform Developer of the extra amount and get written authorization
from the Developer and or the Developer before proceeding with the work involved.
18.5.2 Any modification carried out for expediting or simplifying work at the request
of the Contractor or his representatives shall not be taken as the basis for claiming an
extra. However, if such modification shall also involve an extra, the rate for such
modification shall be settled in advance as per procedure in Clause 18.5.1 above and

written authorization obtained by the Contractor from the Developer before

proceeding with the work involved. If no such information is given by the Contractor
in writing to the Developer such modification shall not be accepted as the basis for
extra charge.
18.5.3 Within 30 days after receiving a claim or any further particulars supporting a
previous claim, or within such other period as may be proposed by the Developer.
Developer shall respond with approval, or with disapproval and detailed comments.
He may also request any necessary further particulars, but shall nevertheless give his
response on the principles of the claim within the above defined time period.
18.5.4 Within the above defined period of 30 days, the Developer shall proceed in
accordance with the Contract conditions to agree or determine
i. the extension (if any) of the Time for Completion (before or after its expiry)
and/or
ii. the additional payment (if any) to which the Contractor is entitled under the
Contract.
18.5.5 Each Payment Certificate shall include such additional payment for any claim
as have been reasonably substantiated as due under the relevant provision of the
Contract.
18.5.6 Unless and until the particulars supplied are sufficient to substantiate the
whole of the claim, the Contractor shall only be entitled to payment for such part of
the claim as he has been able to substantiate.
18.5.7 If the Developer does not respond within the timeframe defined in this
Clause, either Parties may consider that the claim is rejected by the Developer and
any of the Parties may refer the dispute for arbitration
18.5.8 The rates of new / extra items shall be derived on the basis of similar item
specification rates which are available in the price schedule and as per Contract data
18.6 Deduction for uncorrected work

18.6.1 If the Developer deems it inexpedient to correct work damaged or not done in
accordance with the Contract, an equitable deduction from the Contract price shall
be made there for.
18.7 Unfixed goods and materials

18.7.1 Unfixed materials and goods intended for, delivered to and placed on or
adjacent to the Work shall not be removed except for use upon the Work unless the
Developer has consented in writing to such removal which consent shall not be
unreasonably withheld. Where the value of any such materials or goods has in
accordance with Clause 18.3.8 of these General Conditions of Contract been included
in any Interim Certificate under the Contract for which the Contractor has received
payment, such materials and goods shall become the property of the Developer, but
the Contractor shall remain responsible for loss or damage to the same.
18.8 Final Bill

18.8.1 Submission of Final Bill
The Contractor shall submit his final bill (hard copy 3 sets & soft copy CD) for the
works within one month from receipt of Completion Certificate. The bill shall be
based only on works as measured and at accepted agreement rates including rates for
any additional or extra work which might have been sanctioned by the Developer. All
deductions due under the Contract shall be made.
Contractor shall submit the Final bill along with necessary supporting documents as
required including cumulative measurement sheets/Reconciliation certified by PMC
18.8.2 Certification and Payment of Final Bill

The measurement and valuation of the work shall be completed by Developer within
time specified in Contract Data subject to finalization of extra claims. if any, and the
Contractor shall be supplied with a copy of the priced bills of variation not later than
the end of the said period and before the issue of the Final Certificate under this
Clause of this Condition.

Developer shall make payment for the final bill within time specified in Contract Data
from the date of certification of final bill by the Developer.
18.9 Deduction in Final bill

 Applicable deductions as per Conditions of Contract.
 Any money recoverable from the Contractor.
 All interim payments effected.
18.10 Payments withheld

The Developer may withhold or on account of a subsequently discovered evidence
nullify the whole or a part of any certificate to such extent as may be necessary in his
reasonable opinion to protect the Developer from loss on account of but not limited
to:
a) Defective work not remedied.
b) Failure of the Contractor to make payments properly to their Subcontractor
or for materials or labour.
c) A reasonable doubt that the Contract can be completed for the balance then
unpaid.
d) Damage to another Contractor.
e) Claims filed on reasonable evidence indicating probable claims.
f) Failure to comply with Consultant„s instructions.
g) Non Adherence to Approved Project Quality Plan, Approved method
statements, etc.
h) Non adherence to resource deployment (Engineers, manpower, Plant &
machinery, materials etc.) to meet the project schedule.
i) Non Adherence of Safety, Health & Environment norms as specified.
When the above grounds are removed, payment shall be made for amounts withheld
because of them.
18.11 Lien on sums payable to the Contractor

Any sums of money due and payable to the Contractor including all deposits
returnable to them under this contract may be withheld or retained by the Developer,
against any claim against the Contractor in respect of any sums of money due under
this contract or any other contract made by the Contractor with the Developer, but
limited to the amount of Developer‟s claim and the Developer shall always have a lien
upon the money so withheld or retained as such by the Developer until appropriated
towards such claim. The Contractor shall not be entitled to claim any interest or
damages whatsoever on such retained or appropriated sum.
18.11.1 In case Work is nearly suspended, or in case only unimportant progress is

being made, or in case it is apparent that the CONTRACT is heading for termination or
that the money due to the Contractor will not complete his Contract, the Developer
may, at his discretion, withhold any payment, which may be due to the Contractor.
19.1 Performance Security

19 Securities 19.1.1 The Contractor shall deposit with the Developer for due performance of the
Contract a Bank Guarantee for a sum equal to that referred in Contract Data as
"Performance Security" within 15 days from the date of Letter of Intent / Award of
Work from the Developer, whichever is earlier.
19.1.2 The Performance Security shall be in the form of Bank Guarantee from a
Nationalized Bank/Scheduled bank in India, as approved by the Developer and shall
remain so deposited with the Developer till the issue of completion certificate as
referred to in the General Conditions of Contract
19.1.3 The said Performance Security in the form of Bank Guarantee shall indemnify
the Developer in the case of Contractor against loss from defects arising from any
cause under this Contract or due to the failure of the Contractor to promptly carry out

any matters arising under this Contract.

19.1.4 The Earnest Money Deposit of the successful Bidder shall be returned without
any interest by the Developer on furnishing a Performance Security within 15 days of
LOI of the bid from the Developer, as specified in the Contract Data.
19.1.5 The amount covered by Performance Security Bank Guarantee of the
successful Bidder / Contractor will be forfeited if the Contractor fails to comply with
any of the Conditions of the Contract.
19.2 Retention Money

Retention money as stated in the Contract Data shall be deducted from all payments.
The work done amount shall include all extra/deviated items and retention money
shall be deducted there from 1st RA Bill onwards. The retention money shall not bear
any interest.
19.3 The amount covered by Performance Security Bank Guarantee of the

successful Bidder / Contractor and the Retention Money retained by the Developer
will be forfeited if the Contractor fails to comply with any of the Conditions of the
Contract.
20 Taxes and 20.1 The quoted price shall be inclusive of all applicable taxes, duties, levies,
Duties central /state/local body taxes, insurances and other charges, all types of cess,
labour cess, educational cess etc., stamp duty, octroi, royalty, only GST shall be paid
extra as applicable.
20.2 Except as otherwise specifically provided in the Contract, the Contractor shall
bear and pay all taxes, labour cess, duties, levies and charges assessed on the
Contractor, its Subcontractors or their employees by all Gram Panchayat, municipal,
state or national government authorities in connection with the Works.
20.3 If the Contractor is assessed of Service tax/ other state taxes/local taxes, he
should produce valid Service tax/ other state taxes/Local taxes clearance certificate
before the payment of the final bill, otherwise the final payment to the Contractor
shall be withheld. The Contractor even after completion of the Work and final
payment having been made to him will be liable to any Service tax/ other state
taxes/Local taxes liability and Developer shall not be responsible for any Service tax/
other state taxes/Local taxes liability of the Contractor.
20.4 Service tax/ other state taxes/Local taxes at source shall be deducted as per
the prevailing statutory provision.
20.5 Tax deduction at Source

As per the statutory rules, Income Tax shall be deducted at source by the Developer
from Contractors bills and the certificate to that will be given by the Developer.
If there is a statutory requirement for deduction of Works Contract Tax or any other
tax at source, then such requirement shall be followed and the tax deducted at source
(TDS) will be deposited with the authority and certificate to this will be issued to
contractor in an approved format.
D. INTELLECTUAL PROPERTY
21.1 The copyright in all drawings, documents and other materials

21 Copyright containing data and information furnished to the Developer by the Contractor
herein shall remain vested in the Developer If they are furnished to the
Developer directly or through the Contractor by any third party, including
suppliers of materials, the copyright in such materials shall remain vested in
such third party.

22 Confidential 22.1 The Developer and the Contractor shall keep confidential and shall
Information not, without the written consent of the other party hereto, divulge to any
third party any documents, data or other information furnished directly or
indirectly by the other party hereto in connection with the Contract, whether
such information has been furnished prior to, during or following termination
of the Contract. Notwithstanding the above, the Contractor may furnish to its
Subcontractor(s) such documents, data and other information it receives from
the Developer to the extent required for the Subcontractor(s) to perform its
work under the Contract, in which event the Contractor shall obtain from such
Subcontractor(s) an Undertaking of confidentiality similar to that imposed on
the Contractor under this Clause.
22.2 The Developer shall not use such documents, data and other
information received from the Contractor for any purpose other than the
operation and maintenance of the Facilities. Similarly, the Contractor shall not
use such documents, data and other information received from the Developer
for any purpose other than construction of work and services as are required
for the performance of the Contract.
22.3 The obligation of a party under GCC Sub-Clauses 22.1 and 22.2 above,
however, shall not apply to that information which
a) now or hereafter enters the public domain through no fault of that
party
b) can be proven to have been possessed by that party at the time of
disclosure and which was not previously obtained, directly or indirectly, from
the other party hereto
c) otherwise lawfully becomes available to that party from a third party
that has no obligation of confidentiality.
22.4 The above provisions of this GCC Clause 22 shall not in any way modify
any undertaking of confidentiality given by either of the parties hereto prior to
the date of the Contract in respect of the Works or any part thereof.
22.5 The provisions of this GCC Clause 22 shall survive termination, for
whatever reason, of the Contract.
E. EXECUTION OF WORKS
23.1 Not Used

23 Representatives
23.2 Engineer-in-Charge
23.2.1 The term "Engineer-in-charge" shall mean the person engaged by
Developer and acting as representative of Developer to inspect and supervise
the works; the Contractor shall afford the Engineer-in-Charge every facility
and assistance for inspecting the works and materials and for checking and
measuring time and materials. Neither the Engineer-in-Charge nor any
representative of the Developer shall have power to set out works or to
revoke, alter, enlarge or relax any requirements of the Contract or to sanction
any day work, additions, alterations, deviations or omissions, or any extra work
whatever except in so far as such authority may be specially conferred by a
written order of the Developer.
23.2.2 Any representative of the Developer shall have power to give notice to
the Contractor or to his representative of non-approval of any work or
materials and such work shall be suspended or the use of such materials shall
be discontinued until the decision of the Developer, is obtained. The works will

from, time to time be examined by the Developer, the Developer„s

representative but such examination shall not in any way exonerate the
Contractor from the obligation to remedy any defects which may be found to
exist at any stage of the works or after the same is completed. Subject to the
limitation of this Clause the Contractor shall take instructions only from the
Developer.
23.3 Engineer In charge‟s Authority :

Engineer In Charge shall obtain the specific approval of the Developer before
taking action under the following Sub-Clauses of the Conditions of Contract.
a) Determining value, Cost or extension of time.
b) Giving a notice to the Contractor requiring him to complete within a
specified reasonable time for completion.
c) Instructing the Contractor to suspend progress of part or all of the
works.
d) Determining and certifying a reasonable reduction in the Contract
Price.
e) Instructing or approving a Variation.
f) Not used.
g) Giving notice that the Contractor‟s Equipment and Temporary Works
will be released to the Contractor.
h) Consent to the Contractor‟s proposals.
i) Certifying payments of claims.
23.4 Contractor‟s Representative ( the Project Engineer/ Manager)

23.4.1 The Contractor shall constantly keep on his work during its progress
one or more qualified and competent Project Engineers / managers who will
be responsible for the carrying out of the works to the true meaning of the
Drawings, Specifications and Schedule of the Quantities, Developer‟s
instructions and directions to the satisfaction of the Developer. Any directions
or instructions given to him by the Developer shall be deemed to have been
issued to the Contractor. Attention is called to the importance of requesting
instructions from the Developer before undertaking any work where
Developer's directions or instructions are required. Any such work done in
advance of such instructions will be liable to be removed.
23.4.2 The Project Engineer / Manager shall represent and act for the
Contractor at all times during the currency of the Contract and shall give to
the Developer all the Contractor‟s notices, instructions, information and all
other communications under the Contract , All notices, instructions,
information and all other communications given by the Developer to the
Contractor under the Contract shall be given to the Contractor‟s
Representative or, in its absence, its deputy, except as herein otherwise
provided The Contractor shall not revoke the appointment of the Contractor‟s
Representative without the Developer‟s prior written consent, which shall not
be unreasonably withheld. If the Developer consents thereto, the Contractor
shall appoint some other person as the Project Engineer / Manager, pursuant
to the procedure set out in GCC Sub-Clause 23.4.1.
23.4.3 The Project Engineer / Manager may, subject to the approval of the
Developer (which shall not be unreasonably withheld), at any time delegate to
any person any of the powers, functions and authorities vested in him or her.
Any such delegation may be revoked at any time. Any such delegation or
revocation shall be subject to a prior notice signed by the Project Engineer /
Manager, and shall specify the powers, functions and authorities thereby
delegated or revoked. No such delegation or revocation shall take effect unless
and until a copy thereof has been delivered to the Developer. Any act or
exercise by any person of powers, functions and authorities so delegated to
him or her in accordance with this GCC Sub-Clause 23.4.2 shall be deemed to
be an act or exercise by the Project Engineer / Manager.
23.4.4 Not Used.

23.4.5 The Developer may by notice to the Contractor object to any

representative or person employed by the Contractor in the execution of the
Contract who, in the reasonable opinion of the Developer, may behave
inappropriately, may be incompetent or negligent, or may commit a serious
breach of the Site regulations provided under GCC Sub-Clause 23.4.3. The
Developer shall provide evidence of the same, whereupon the Contractor shall
remove such person from the Site/Works.
23.4.6 If any representative or person employed by the Contractor is removed
in accordance with GCC Sub-Clause 23.4.5, the Contractor shall, where
required, promptly appoint a replacement.
24 Work Program 24.1 Contractor‟s Organization

24.1.1 The Contractor shall supply to the Developer a chart showing the
proposed organization to be established by the Contractor for carrying out
work on the Facilities. The chart shall include the identities with Photographs
and CVs of the key personnel to be employed within time as specified in
Contract Data of the Date of commencement. The Contractor shall promptly
inform the Developer in writing of any revision or alteration of such an
organization chart.
24.1.2 Return of plant
The Contractor shall supply to Developer a monthly return showing full
particulars on a form, to be approved by him of the items of plant including
location and state of each and the sections of the works on which they are
employed. This return is to be presented before the 5th day of the month.
24.2 Program of Performance

Within time specified in Contract Data from the Date of commencement , the
Contractor shall prepare and submit to the Developer a detailed program of
performance of the Contract, showing the sequence in which he proposes to
proceed with Works including estimated quantities and proposed resource
allocations, as well as the date by which the Contractor reasonably requires
that the Developer shall have fulfilled its obligations under the Contract so as
to enable the Contractor to execute the Contract in accordance with the
program and to achieve Completion, Commissioning and Acceptance of the
Facilities in accordance with the Contract.
The Contractor shall update and revise the program as and when appropriate
or when required by the Developer, but without modification in the Times for
Completion specified in the Bid Document and any extension granted in
accordance with GCC Clause 46, and shall submit all such revisions to the
Developer.
Developer shall have right to instruct to expedite and the Contractor is
obligated to comply with the same without any additional cost to Developer.
Contractor‟s failure to abide the same can be construed as default.
24.3 Progress Report

The Contractor shall monitor progress of all the activities specified in the
program referred to in GCC Sub-Clause 24.2 above, and supply a progress
report to the Developer every month.
The progress report shall be in a form acceptable to the Developer and shall
indicate:
a) Number of Operatives in each trade employed on each day
b) percentage completion achieved compared with the planned
percentage completion for each activity; and
c) where any activity is behind the program, giving comments and likely
consequences and stating the corrective action being taken.
24.4 Progress of Performance

If at any time the Contractors actual progress falls behind the program

referred to in GCC Sub-Clause 24.2, or it becomes apparent that it will so fall

behind, the Contractor shall, at the request of the Developer or Developer,
prepare and submit to the Developer a revised program, taking into account
the prevailing circumstances, and shall notify the Developer of the steps being
taken to expedite progress so as to attain Completion of the Facilities within
the Time for Completion under GCC Sub-Clause 12.1 any extension thereof
entitled under GCC Sub-Clause 46.1, or any extended period as may otherwise
be agreed upon between the Developer and the Contractor.
24.5 Work Procedures

The Contract shall be executed in accordance with the Contract Documents.
The Contractor may execute the Contract in accordance with its own standard
project execution plans and procedures to the extent that they do not conflict
with the provisions contained in the Contract.
25 Subcontracting 25.1 Any other specialized work identified by the Developer during the
execution of work that may arise shall be executed by other agency(s) engaged
by the Contractor as Sub-Contractor(s) on approval of the Developer after
adopting the procedures given below.
25.2 Names of up-to a maximum of three specialized sub-agencies for

specified work may be proposed along with the details of scope, experience,
financial standing etc. Before submitting the names of agencies the Bidder /
the Contractor should also get an undertaking from the agencies that the
agencies are willing to work and enclose with the submissions of Bid. The
Developer will have the right to call for additional information as may be
required to assess the capability of Sub Contractor(s) or even to inspect their
previous works for fully satisfying themselves on the performance of the Sub
Contractors. The Developer, thereafter will convey their approval to the
Contractor for selection of Sub Contractor, minimum being one number per
trade or in the event of a special need for engaging more than one such
specialist, up to a maximum of three in each trade. The Contractor shall
engage only such approved Sub Contractor. If Developer is not satisfied with
the capacity and experience of the Sub Contractor proposed by the Contractor
the Developer shall have the right to nominate an agency / agencies of their
choice whom the Contractor shall be bound to engage forthwith. The decision
of the Developer in identifying and selection of Sub Contractor shall be final
and binding on the Contractor. If during execution, the performance of any
such Sub Contractor is found to be unsatisfactory, the Developer shall reserve
the right to order termination of such Sub Contractor and nominate alternative
agency to continue the works. The Contractor shall comply with such
instructions promptly and effectively.
25.3 All the terms and General Conditions of Contract under this Contract
shall be equally enforceable on the Sub Contractor for the trade and
accordingly the Contractor shall have a tie up with the Sub-Contractor.
25.4 The Contractor and their Sub Contractor/s if any shall further be
governed as under
a) That the Contractor shall get the sub-contract works carried out and
completed in every respect to the reasonable satisfaction of the Developer.
b) That the Sub-Contractor shall observe, perform and comply with all
the provisions of this Contract of the Contractor to be observed, performed
and complied with so far as they relate and apply to the Sub-Contract works or
to any portion of the same.
c) That the Sub-Contractor shall indemnify the Contractor against the
same liabilities in respect of the Sub-Contractor work.
d) That the Sub-Contractor shall indemnify the Contractor against claims

in respect of any negligence, omission or default of such Sub-Contractor, his

servants or agents or any misuse by him or them of any scaffolding or other
plant, and shall insure himself against any such claims and produce the policy,
or policies and premium and premium receipts as and when required by the
Contractor.
e) That payments in respect of any work, materials or goods comprised in
the Sub Contract shall be made within Five days after receipt of payment from
the Developer by the Contractor under Clause 18 of these General Conditions
of Contract which states as due an amount calculated by including the total
value of such work, materials or goods, and shall when due be subject to sums
mentioned in the following sub-paragraphs.
f) That the Developer and his representative shall have right of access to
the workshops and other places of the Sub- Contractor as mentioned in Clause
15 of these General Conditions of Contract .
g) That the Sub-Contract work shall be completed within the period or
(where they are to be completed in sections) periods therein specified, that
the Contractor shall not without the written consent of the Developer grant
any extension of time for the completion of Sub- Contract work or any section
thereof, and that the Contractor shall inform the Developer of any
representations made by the Sub- Contractor as to the cause of any delays in
the progress of completion of the Sub-Contract work or of any section thereof
and that the consent of Developer shall not be unreasonably withheld.
h) Before issuing any certificate under Clause 18 of these General
Conditions of Contract the Developer may request the Contractor to furnish to
him reasonable proof that all amounts included in the calculation of the
amount stated as due on previous certificates in respect of the total value of
work materials or goods executed or supplied by any Sub-Contractor have been
duly discharged and if the Contractor fails to comply with any such request the
Developer shall issue a certificate to that effect and thereupon the Contractor
may himself pay such amounts to any Sub-Contractor concerned and deduct
the same from any sums due or to become due to the Contractor.
i) If the Developer desires to secure final payment to any Sub-Contractor
before final payment is due to the Contractor and if such Sub-Contractor has
satisfactorily indemnified the Contractor against any latent defects then the
Developer may in an Interim Certificate include an amount to cover the said
final payment and thereupon the Contractor shall pay such Sub-Contractor the
amount so certified. Upon such final payment the amount named in the
Contract Data to these General Conditions of Contract as limit of retention
fund shall be reduced by the sum which bears the same ratio to the said
amount as does such Sub-Contract's price to the Contract Sum, and save for
latent defects the Contractor shall be discharged from all liability for the work
materials or goods executed or supplied by such Sub- Contractor under the
Sub-Contract to which the payment relates.
j) Neither the existence nor the exercise of the foregoing powers nor
anything else contained in these General Conditions of Contract shall render
the Developer in any way liable to any Sub-Contractor.
k) It shall be a condition of any bid accepted under this paragraph that
Clause 45 (Variations) of these General Conditions of Contract shall apply in
respect of the Item Work included in the bid as if for the reference therein to
the Contract Drawings and the Contract Bills there were references to the
equivalent documents included or referred in the Bid.
l) The Contractor shall make general attendance upon Sub-Contractors
including free use of plant scaffolding and shall allow them the use of sanitary
conveniences, storage facilities for storing materials, other amenities available
at site of work and affording them all reasonable facilities for carrying out
their Contracts.
26 Other Contractors 26.1 The Developer reserves the right to let other Contracts in connection
with the work under similar General Conditions of Contract. The Contractor

shall afford other Contractors reasonable opportunity for the introduction and
storage of their materials and assistance required in terms of infrastructure in
the execution of their work, and shall properly connect and coordinate his
work with theirs. If any part of Contractor‟s or his Subcontractor's work
depends for proper execution or results upon the work of any other
Contractor, or Subcontractor, the Contractor shall inspect and promptly report
to the Developer any defects in such work that render it unsuitable for such
proper execution and results. Failure of the Contractor to so inspect and
report shall constitute an acceptance of the other Contractor‟s work as fit and
proper for the reception of his work, except as to defects which may develop
in the other Contractor's or Subcontractor's work after the execution of the
work. To ensure the proper execution of his subsequent work the Contractor
shall measure work already in place and shall at once report to the Developer
any discrepancy between the executed work and the Drawings.
27 Design and 27.1 Construction Documents

Engineering The Contractor shall prepare Detailed Construction Documents in sufficient
detail to satisfy all regulatory approvals, to provide suppliers and construction
personnel sufficient instruction to execute the Works, and to describe the
operation of the completed Works. The Developer shall have the right to
review and inspect the preparation of Construction Documents, wherever they
are being prepared.
27.1.1 Each of the Construction Documents shall, when considered ready for
use, be submitted to the Developer for pre-construction review. In this Sub-
Clause, “review period” means the period required by the Developer‟s
Requirements. shall not exceed 14 days, calculated from the date on which the
Developer receives a Construction Document and the Contractor‟s notice that
it is considered ready, both for a pre-construction review in accordance with
this Sub-Clause, and for use. If the Developer, within such review period,
notifies the Contractor that such Construction Document fails (to the extent
stated) to comply with the Developer‟s Requirements, it shall be rectified,
resubmitted and reviewed in accordance with this Sub-Clause, at the
Contractor‟s cost.
27.1.2 For each part of the Works, and except to the extent that the prior
consent of the Developer shall have been obtained:
a) construction shall not commence prior to the expiry of the review
periods for the Construction Documents which are relevant to the design and
construction of such part;
b) construction shall be in accordance with such Construction Documents;
and
c) If the Contractor wishes to modify any design or document which has
previously been submitted for such pre-construction review, the Contractor
shall immediately notify the Developer, and shall subsequently submit revised
documents to the Developer for pre-construction review.
27.1.3 If the Developer instructs that further Construction Documents are
necessary for carrying out the Works, Contractor shall upon receiving the
Developer instructions prepare such Construction Documents.
27.2 Shop Drawings

27.2.1 The Contractor shall prepare and submit detailed shop drawings /
fabrication drawings and material specifications for specialized works
progressively within 30 days after receipt of design indent drawings and submit
6 (six) copies each of the same for Developer prior approval. All shop drawings
shall reflect the design intent as provided in the specifications, design
drawings and schedule of quantities and shall not be deviated without prior
permission. The shop drawings shall be based on the actual site conditions and
shall take into account all coordination as may be required in order to avoid
any clash or interference with other service lines or any other building
features.

27.2.2 All charges for preparing the shop drawings, preparation of design, if
required getting the same proof checked, if required and directed by the
Developer, including carrying out any other modifications as necessary shall be
fully covered in the quoted rates and no extra shall be payable for adherence
of the above requirement.
27.2.3 Work shall be preceded only with “Approved” shop drawings;
wherever applicable.
27.3 Approval / Review of Technical Documents by Developer

27.3.1 The Contractor shall prepare (or cause its Subcontractors to prepare)
and furnish to the Developer the documents listed in the Technical
Specification in Volume II Section 7 and in accordance with the requirements
of GCC Sub-Clause 24.2 (Program of Performance). Any part of the Works
covered by or related to the documents to be approved by the Developer shall
be executed only after the Developer‟s approval thereof. GCC Sub-Clauses
27.3.2 through 27.3.9 shall apply to those documents requiring the Developer‟s
approval,
27.3.2 Within fourteen (14) days after receipt by the Developer of any
document requiring the Developer‟s approval in accordance with GCC Sub-
Clause 27.3.1, the Developer shall either return one copy thereof to the
Contractor with its approval endorsed thereon or shall notify the Contractor in
writing of its disapproval thereof and the reasons there for and the
modifications that the Developer proposes. If the Developer fails to take such
action within the said fourteen (14) days, the Contractor shall send a reminder
to Developer for action within next 10 ( ten ) days .If the Developer still fails
to act on the reminder then the said document shall be deemed to have been
approved by the Developer.
27.3.3 The Developer shall not disapprove any document, except on the
grounds that the document does not comply with some specified provision of
the Contract or that it is contrary to good engineering practice.
27.3.4 If the Developer disapproves the document, the Contractor shall
modify the document and resubmit it for the Developer‟s approval in
accordance with GCC Sub-Clause 27.3.2. If the Developer approves the
document subject to modification(s), the Contractor shall make the required
modification(s), whereupon the document shall be deemed to have been
approved.
27.3.5 If any dispute or difference occurs between the Developer and the
Contractor in connection with or arising out of the disapproval by the
Developer of any document and/or any modification(s) thereto that cannot be
settled between the parties within a reasonable period, then such dispute or
difference may be referred by either of the Party to an Adjudicator for
determination with a copy to other Party.. If such dispute or difference is
referred to an Adjudicator, the Developer shall give instructions as to whether
and if so, how, performance of the Contract is to proceed. The Contractor
shall proceed with the Contract in accordance with the Developer‟s
instructions, provided that if the Adjudicator upholds the Contractor‟s view on
the dispute and if the Developer has not given notice under GCC Sub Clause
6.1.2 hereof, then the Adjudicator‟s decision shall become final and binding
upon the Developer and the Contractor shall be reimbursed by the Developer
for any additional costs incurred by reason of such instructions and shall be
relieved of such responsibility or liability in connection with the dispute and
the execution of the instructions as the Adjudicator shall decide, and the Time
for Completion shall be extended accordingly.
27.3.6 The Developer‟s approval, with or without modification of the
document furnished by the Contractor, shall not relieve the Contractor of any
responsibility or liability imposed upon it by any provisions of the Contract
except to the extent that any subsequent failure results from modifications
required by the Developer.
27.3.7 The Contractor shall not depart from any approved document unless

the Contractor has first submitted to the Developer an amended document and
obtained the Developer‟s approval thereof, pursuant to the provisions of this
GCC Sub-Clause 27.3.If the Developer requests any change in any already
approved document and/or in any document based thereon, the provisions of
GCC Clause 45 shall apply to such request.
27.3.8 If the Developer instructs that further Construction Documents are
necessary for carrying out the Works, the Contractor shall upon receiving the
Developer‟s instructions, prepare such Construction Documents.
27.3.9 Construction shall not commence until the Contractor receives the
Developer‟s approval of the Design/Construction Documents which are relevant
to the design and construction of such part.
27.4 „As-built‟ drawings :

Fully detailed as complete drawings to explain the installation in totality shall
be submitted within one month of completion of specialized work (for work for
which design indent drawings were provided to the Contractor). Copies of each
of such built in drawings shall be submitted to the Developer After scrutiny and
observations by the Developer, the drawing given shall be required to be
obtained for a final amended as built drawing and the final version thereof
submitted in hard copy format in triplicate to Developer as well as electronic
format in AutoCAD (In CD) to Developer. All costs and expenses in connection
therewith shall be borne by the Contractor.
27.5 Record Drawings

The Contractor shall make accurate records of those parts of the Works which
will become hidden by further progress, as may be directed by the Developer.
Such records shall be checked and verified by the Developer while the work is
open for inspection. Records shall be entered by the Contractor on prints of
drawings which are made available to him for this purpose, amplified by him
with supplementary dimensioned sketches and handed to the Developer as
soon as practicable. All costs and expenses in connection therewith shall be
borne by the Contractor.
27.6 Not Used.
28.1 Sourcing
28 Procurement As part of the Work, Contractor shall procure and pay for, in Contractor's name
as an independent Contractor and not as agent for the Developer, all
Contractor‟s and sub-contractors‟ labour, materials, equipment, supplies, soil,
gravel and similar materials and manufacturing, fabrication and related
services (whether on or off the Site) for construction of and incorporation in
the Works or which are otherwise required for completion of the Work in
accordance with the Specification and the Contract and are not explicitly
specified to be furnished by the Developer pursuant to the terms and
provisions of the Contract including Specification.
28.2 Materials and Workmanship

28.2.1 All materials and workmanship shall be as per the relevant code of BIS
Specification / Tender Specifications and of approved type and the Contractor
shall immediately remove from the works any material and/or workmanship
which in the opinion of the Developer are defective or unsuitable and shall
substitute proper materials and/or workmanship at his own cost. The term
approval used in connection with this contract shall mean the approval of the
Developer.
28.2.2 The Contractor shall if required submit satisfactory evidence as to the
kind and quality of material.
28.2.3 Where special makes or brands are called for, the Contractor has to
adhere to such instructions and any deviations are not accepted unless

specifically approved by the Developer.

28.2.4 Not Used
28.2.5 All materials shall be delivered so as to ensure a speedy and
uninterrupted progress of the work. Such material shall be stored so as to
cause no obstruction and so as to prevent overloading of any portion of the
structure, and the Contractor shall be entirely responsible for damage or loss
by weather or other cause.
28.2.6 Within 15 (Fifteen) days after signing the Contract, the Contractor
shall submit for approval of the Developer a complete list of all material he
and his Subcontractors propose to use in the work of definite brand also the
particular brand of any article where more than one is specified in the list of
approved makes / brand
28.2.7 Origin of all materials, from India or from overseas sources shall be
furnished by the Contractor along with the bid.
28.2.8 Ordering and Delivery Of Materials and Equipment For The Works
The Contractor shall place his orders for the specified materials and equipment
at the earliest possible date upon award of the Contract for the Works or at
such times as may be specifically stated elsewhere herein for any particular
material or equipment.
The Contractor shall be required to produce and submit to the Developer
shipping documents and other documentary proofs of such placement of orders
such as factory work orders, packing list, bill of loading, forwarder advice etc.,
within one month prior to the scheduled delivery date.
If, the Contractor fails to submit as aforesaid and thus likely to cause
interruption or delay in the progress of the works, then Developer shall be at
liberty to direct the Contractor to air-freight the same without any additional
cost to Developer.
28.3 Samples
28.3.1 After the award of the Contract, the Contractor shall furnish for the
approval of the Developer, with such promptness as to cause no delay in his
work or in that of any other Contractor, samples and data sheets as required
by the specifications or by the Developer. Samples shall be delivered as
directed by the Developer.
28.3.2 A schedule giving dates for the submission of samples or data sheets
shall be included in the schedule described under Clause 15. All samples or
data sheets must be submitted for approval well in advance within reasonable
time to ensure the availability at site as per approved programme.
28.3.3 Developer shall check and approve such samples or data sheets, with
reasonable promptness only for conformity with the design concept of the
project and for compliance with the information in the Contract Documents.
The Work shall be in accordance with the approved samples and / or data
sheets.
28.3.4 Samples of materials and goods shall be submitted with descriptive
labels and / or application or installation instructions intact and legible and
properly labelled / tagged to identify the material type, reference,
manufacturer / supplier and country of origin.
28.3.5 Where variations in texture, colour, grain or other characteristics are
inherent and anticipated in the samples submitted, a sufficient quantity shall
be provided to indicate the full range of characteristics, which will be present.
28.3.6 The Contractor shall accompany each transmittal of samples with a
transmittal listing the sample data for each sample and referencing each
sample to the appropriate drawing or specification section and Clause.
28.3.7 Acceptance of any sample shall be only for characteristics for uses
named in such acceptance and for no other. Acceptance of a sample shall not
be taken to change or modify any requirement of the Contract documents.
Once a material has been accepted, no further change in brand or make will
be permitted.
28.3.8 The Contractor must obtain the Developer written approval of the

respective samples of workmanship and prototypes before proceeding with the

actual mass execution of the various sections of the works.
28.3.9 The finished work must correspond to the approved samples of
materials, workmanship and prototypes. The Developer at his sole discretion
may return certain samples for use in the Works. These shall be installed in
good condition and suitably marked for identification. Such samples and any
packing are to be provided at the expenses of the Contractor and are to be
displayed in a sample room.
28.4 Material Supplied by the Developer

Wherever materials are issued by the Developer to the contractor for
incorporation in the works, the issue rates of such materials are indicated in
the Contract Data. Before taking delivery of the materials from the stores of
the Developer the Contractor shall satisfy himself to the soundness of the
materials issued to him. He shall be solely responsible for the safe custody of
materials, till the installation is duly handed over and left over materials, if
any, after completion of the work shall be returned to the stores of the
Developer if so desired by him. Default of this condition will entail recovery of
penal charges at double the issue rates of the materials, from the contractors.
The Contractor shall render monthly account of such materials issued in the
form determined from time to time.
28.5 Transportation
28.5.1 The Contractor shall at its own risk and expense transport all the
material, goods, and the Contractor‟s Equipment to the Site by the mode of
transport that the Contractor judges most suitable under all the
circumstances.
28.5.2 The Contractor shall be responsible for obtaining, if necessary,
approvals from the Authorities for transportation of the material, goods, and
the Contractor‟s Equipment to the Site. The Developer shall use its best
endeavour in a timely and expeditious manner to assist the Contractor in
obtaining such approvals, if requested by the Contractor. The Contractor shall
indemnify and hold harmless the Developer from and against any claim for
damage to roads, bridges or any other traffic facilities that may be caused by
the transport of the material, goods, Plant and Equipment and the
Contractor‟s Equipment to the Site.
29.1 Setting Out / Supervision / Labour

29 Fabrication/ 29.1.1 Bench Mark:
Construction/ Erection The Contractor shall be responsible for the true and proper setting-out of the
Facilities in relation to bench marks, reference marks and lines provided to it
in writing by or on behalf of the Developer.
If, at any time during the progress of Construction / installation of the
Facilities, any error shall appear in the position, level or alignment of the
Facilities, the Contractor shall forthwith notify the Developer of such error
and, the Contractor at its own expense, immediately rectify such error to the
reasonable satisfaction of the Developer. If such error is based on incorrect
data provided in writing by or on behalf of the Developer, the expense of
rectifying the same shall be borne by the Developer.
29.1.2 Tolerance
The Contractor shall exercise every care to ensure that all structural members
are sufficiently plumb and true to dimensions called for on the drawings to
allow superstructure construction. The Contractor, in this regard shall make
post construction survey and report as soon as the structural works for each
floor are completed duly checking all the dimensions as cast, verticality of the
columns / walls, levels of slabs / beam soffits / stairs etc. Defects noticed
beyond permissible tolerance shall be made good as per the instructions of the
Developer. Rectification in the structural members or remaking or replacing

shall be done at the risk and cost of the Contractor.

29.1.3 Post Execution Survey
The Contractor shall make post execution survey and report as soon as the
works are completed duly checked all the actual dimensions with that required
as per drawings and specifications. Any defects noticed beyond permissible
tolerances shall be made good by the Contractor as per instructions of the
Developer without any extra cost and time. Additional cost if any paid to the
other agencies due to the defects mentioned above will have to be borne by
the Contractor.
29.1.4 Contractor‟s Supervision:
The Contractor shall give or provide all necessary superintendence during the
Construction / installation of the Works, and the Construction Manager or its
deputy shall be constantly on the Site to provide full-time superintendence of
the Construction / installation. The Contractor shall provide and employ only
technical personnel who are skilled and experienced in their respective
callings and supervisory staff who are competent to adequately supervise the
work at hand.
29.1.5 Labour:
a) The Contractor shall provide and employ on the Site in the
construction / installation of the Facilities such skilled, semi-skilled and
unskilled labour as is necessary for the proper and timely execution of the
Contract. The Contractor is encouraged to use local labour that has the
necessary skills.
b) Unless otherwise provided in the Contract, the Contractor shall be
responsible for the recruitment, transportation, accommodation and catering
of all labour, local or expatriate, required for the execution of the Contract
and for all payments in connection therewith.
c) The Contractor shall be responsible for obtaining all necessary
permit(s) and/or visa(s) from the appropriate authorities for the entry of all
labour and personnel to be employed on the Site.
d) The Contractor shall at all times during the progress of the Contract
use its best endeavours to prevent any unlawful, riotous or disorderly conduct
or behaviour by or amongst its employees and the labour of its Subcontractors.
e) The Contractor shall, in all dealings with its labour and the labour of
its Subcontractors currently employed on or connected with the Contract, pay
due regard to all recognized festivals, official holidays, religious or other
customs and all local laws and regulations pertaining to the employment of
labour.
29.2 Contractor‟s Equipment

29.2.1 Contractor‟s Equipment which is owned by the Contractor (either
directly or indirectly) shall be deemed to be the property of the Developer
with effect from its time of arrival on the site. The vesting of such property in
the Developer. shall not :
(a) affect the responsibility or liability of the Developer and the
Contractor
(b) prejudice the right of the Contractor to the sole use of such
Contractor‟s Equipment for the purpose of the Works, or
(c) affect the Contractor‟s responsibility to operate and maintain the
same under the provisions of the Contract.
The property in each item shall be deemed to revest in the Contractor with
effect from the time he is entitled to remove it from the Site, or when the
Developer issues the Taking-Over Certificate for the Works, whichever occurs
first.
29.2.2 All Contractor‟s Equipment brought by the Contractor onto the Site
shall be deemed to be intended to be used exclusively for the execution of the
Contract. The Contractor shall not remove the same from the Site without the
Developer‟s consent that such Contractor‟s Equipment is no longer required for
the execution of the Contract.

29.2.3 Unless otherwise specified in the Contract, upon completion of the

Facilities, the Contractor shall remove from the Site all Equipment brought by
the Contractor onto the Site and any surplus materials remaining thereon.
29.2.4 The Developer will, if requested, use its best endeavours to assist the
Contractor in obtaining any local, state or national government permission
required by the Contractor for the export of the Contractor‟s Equipment
imported by the Contractor for use in the execution of the Contract that is no
longer required for the execution of the Contract.
29.3 Site Regulations and Safety

The Developer and the Contractor shall establish Site regulations setting out
the rules to be observed in the execution of the Contract at the Site and shall
comply therewith. The Contractor shall prepare and submit to the Developer,
with a copy to the Developer, proposed Site regulations for the Developer‟s
approval, which approval shall not be unreasonably withheld.
Such Site regulations shall include, but shall not be limited to, rules in respect
of security, safety of the Facilities, gate control, sanitation, medical care, and
fire prevention.
29.4 Opportunities for Other Contractors

29.4.1 The Contractor shall, upon written request from the Developer, give
all reasonable opportunities for carrying out the work to any other contractors
employed by the Developer on or near the Site.
29.4.2 If the Contractor, upon written request from the Developer, makes
available to other contractors any roads or ways the maintenance for which
the Contractor is responsible, permits the use by such other contractors of the
Contractor‟s Equipment, or provides any other service of whatsoever nature
for such other contractors, the Developer shall fully compensate the
Contractor for any loss or damage due to misuse caused or occasioned by such
other contractors in respect of any such use or service.
29.4.3 The Contractor shall also so arrange to perform its work as to
minimize, to the extent possible, interference with the work of other
contractors. The Developer shall determine the resolution of any difference or
conflict that may arise between the Contractor and other contractors and the
workers of the Developer in regard to their work.
29.4.4 The Contractor shall notify the Developer promptly of any defects in
the other contractors‟ work that come to its notice, and that could affect the
Contractor‟s work. The Developer shall determine the corrective measures, if
any, required to rectify the situation after inspection of the Facilities.
Decisions made by the Developer shall be binding on the Contractor.
29.5 Emergency Work

If, by reason of an emergency arising in connection with and during the
execution of the Contract, any protective or remedial work is necessary as a
matter of urgency to prevent damage to the Works, the Contractor shall
immediately carry out such work.
If the Contractor is unable or unwilling to do such work immediately, the
Developer may do or cause such work to be done as the Developer may
determine is necessary in order to prevent damage to the Facilities. In such
event the Developer shall, as soon as practicable after the occurrence of any
such emergency, notify the Contractor in writing of such emergency, the work
done and the reasons therefore. If the work done or caused to be done by the
Developer is work that the Contractor was liable to do at its own expense
under the Contract, the reasonable costs incurred by the Developer in
connection therewith shall be paid by the Contractor to the Developer.
Otherwise, the cost of such remedial work shall be borne by the Developer.
29.6 Site Clearance

29.6.1 Site Clearance in Course of Performance:

In the course of carrying out the Contract, the Contractor shall keep the Site
reasonably free from all unnecessary obstruction, store or remove any surplus
materials, clear away any wreckage, rubbish or temporary works from the Site,
and remove any Contractor‟s Equipment no longer required for execution of
the Contract.
29.6.2 Clearance of Site after Completion:
After Completion of all parts of the Facilities, the Contractor shall clear away
and remove all wreckage, rubbish and debris of any kind from the Site, and
shall leave the Site and Facilities clean and safe.
29.7 Watching and Lighting

The Contractor shall provide and maintain at its own expense all lighting,
fencing, and watching when and where necessary for the proper execution and
the protection of the Facilities, or for the safety of the owners and occupiers
of adjacent property and for the safety of the public.
29.8 Work at Night and on Holidays

29.8.1 Unless otherwise provided in the Contract, no work shall be carried
out during the night and on public holidays of the country where the Site is
located without prior written consent of Developer, except where work is
necessary or required to ensure safety of the Facilities or for the protection of
life, or to prevent loss or damage to property, when the Contractor shall
immediately advise the Developer, provided that provisions of this GCC Sub-
Clause 29.8.1 shall not apply to any work which is customarily carried out by
rotary or double-shifts.
29.8.2 Notwithstanding GCC Sub-Clauses 29.8.1 or 29.1.3, if and when the
Contractor considers it necessary to carry out work at night or on public
holidays so as to meet the Time for Completion and requests the Developer‟s
consent thereto, the Developer shall not unreasonably withhold such consent.
29.8.3 However, permission for Night work or work on Holiday when given it
will be subject to :
(a) The provisions of relevant labour laws, Rules & Regulations of Local
Authorities and Police Department Restrictions and Rules being adhered to and
without nuisance to the neighbourhood.
(b) Adequate lighting, supervision and safety measures established to the
satisfaction of the Developer.
(c) The Construction programme given by the Contractor and agreed upon
by the Developer envisages such working
(d) If it is necessary or required to ensure the safety of work or for the
protection of life or to prevent loss or damage to property.
30.1 The Contractor shall at its own expense carry out at the place of
30 Test and Inspection manufacture and/or on the Site all such tests and/or inspections of the
material including Developer Supply Materials, goods, Plant and Equipment and
any part of the Works as are specified in the Contract.
30.2 The Developer or their designated representatives shall be entitled to

attend the aforesaid test and/or inspection. The Contractor shall bear all costs
and expenses incurred in connection with such attendance including, but not
limited to, all travelling and board and lodging expenses.
30.3 Whenever the Contractor is ready to carry out any such test and/or
inspection, the Contractor shall give a reasonable advance notice of such test
and/or inspection (2 weeks) and of the place and time thereof to the
Developer. The Contractor shall obtain from any relevant third party or
manufacturer any necessary permission or consent to enable the Developer (or
their designated representatives) to attend the test and/or inspection.

30.4 The Contractor shall provide the Developer with a certified report of
the results of any such test and/or inspection.
If the Developer (or their designated representatives) fails to attend the test
and/or inspection, or if it is agreed between the parties that such persons shall
not do so, then the Contractor may proceed with the test and/or inspection in
the absence of such persons, and may provide the Developer with a certified
report of the results thereof.
30.5 The Developer may require the Contractor to carry out any test and/or
inspection not required by the Contract, provided that the Contractor‟s
reasonable costs and expenses incurred in the carrying out of such test and/or
inspection shall be added to the Contract Price.
30.6 If any material, goods, Plant and Equipment or any part of the
Facilities fails to pass any test and/or inspection, the Contractor shall either
rectify or replace such Plant and Equipment or part of the Works and shall
repeat the test and/or inspection upon giving a notice under GCC Sub-Clause
30.3.
30.7 If any dispute or difference of opinion shall arise between the parties
in connection with or arising out of the test and/or inspection of the material,
goods, Plant and Equipment or part of the Works that cannot be settled
between the parties within a reasonable period of time, it may be referred to
an Adjudicator for determination in accordance with GCC Sub-Clause 6.1.
30.8 The Contractor shall afford the Developer (or their designated
representative), to access at any reasonable time to any place where the Plant
and Equipment are being manufactured or the Works are being installed, in
order to inspect the progress and the manner of manufacture or installation,
provided that the Developer shall give the Contractor a reasonable prior
notice.
30.9 The Contractor agrees that neither the execution of a test and/or
inspection of material, goods, Plant and Equipment or any part of the Works,
nor the attendance by the Developer nor the issue of any test certificate
pursuant to GCC Sub-Clause 30.4, shall release the Contractor from any other
responsibilities under the Contract.
30.10 No part of the Works or foundations shall be covered up on the Site

without the Contractor carrying out any test and/or inspection required under
the Contract. The Contractor shall give a reasonable notice to the Developer
whenever any such part of the Facilities or foundations is ready or about to be
ready for test and/or inspection; such test and/or inspection and notice
thereof shall be subject to the requirements of the Contract.
31.1 As soon as the Works or any part thereof has, in the opinion of the
31 Completion of the Contractor, been completed operationally and structurally and put in a tight
Works and clean condition as specified in the Technical Specifications, excluding
minor items not materially affecting the intent or safety of the Works, the
Contractor shall so notify the Developer in writing.
31.2 The Developer shall, within the reasonable time after receipt of the
Contractor ‟s notice under GCC Sub-Clause 31.1 either issue a Completion
Certificate stating that the Works or agreed milestone have reached
Completion as of the date of the Contractor‟s notice under GCC Sub-Clause
31.1 or notify the Contractor in writing of any defects and/or deficiencies.
31.3 If the Developer notifies the Contractor of any defects and/or

deficiencies, the Contractor shall then correct such defects and/or

deficiencies, and shall repeat the procedure described in GCC Sub-Clause 30.1
If the Developer is satisfied that the Works or agreed milestone have reached
Completion, the Developer shall, within fourteen (14) days after receipt of the
Contractor‟s repeated notice, issue a Completion Certificate stating that the
Works have reached Completion as of the date of the Contractor‟s repeated
notice. If the Developer is not so satisfied, then it shall notify the Contractor
in writing of any defects and/or deficiencies within seven (7) days after
receipt of the Contractor‟s repeated notice, and the above procedure shall be
repeated.
31.4 Not used.
31.5 As soon as possible after Completion, the Contractor shall complete all
outstanding minor items so that the Works are fully in accordance with the
requirements of the Contract, failing which the Developer will undertake such
completion and deduct the costs thereof from any monies owing to the
Contractor.
31.6 Upon Completion, the Developer shall be responsible for the care and
custody of the Works or the relevant part thereof, together with the risk of
loss or damage thereto, and shall thereafter take over the Works or the
relevant part thereof.
31.7 Partial completion & Take over

31.7.1 If at any time or times before Practical completion of the work the
Developer with the notice to the Contractor shall take possession of any part
or parts of the same as may be needed by the Developer or on any exigencies
then notwithstanding anything expressed or implied elsewhere in this Contract.
31.7.2 Not Used.
31.7.3 Practical completion of such part or parts shall be considered for the
purpose of taking over only and all provisions under this contract shall be
complied with till the entire work is completed and Developer ‟s Certificate
issued to that effect.
31.8 Certificate of Final Completion

The Contract shall not be considered completed and the work shall not be
treated as finally accepted by the Developer, until a Final Completion
Certificate (copy attached in Sample Forms) shall have been signed and issued
by the Developer after all obligations under the Contract including that in the
Defect Liability Period, if any, have been fulfilled by the Contractor.
F. GUARANTEES AND LIABILITIES
32.1 The Contractor guarantees that it shall attain Completion of the Works
32 Completion Time (or a part for which a separate time for completion is specified) within the
Guarantee Time for Completion specified pursuant to Contract Data or within such
extended time to which the Contractor shall be entitled under GCC Clause 46
hereof.
32.2 If the Contractor fails to complete the works within the specified
period or within any extended time fixed under Clause 46 of these General
Conditions of Contract and the Developer certifies in writing that in his opinion
the same ought reasonably so to have been completed, the Contractor shall
pay or allow to the Developer a sum calculated at the rate stated in the
Contract Data as agreed Liquidated Damages (not as Penalty) for the period
during which the said work shall so remain or have remained incomplete, the
Developer may deduct such damages from any monies otherwise payable to

the Contractor under this Contract. Further liquidated damages shall be

applicable for non-achievement of intermediate milestones at the rates
specified in contract data. If the subsequent intermediate milestone is
achieved in the stipulated time then the LD levied for failure to meet previous
milestone shall be released.
However, the payment of liquidated damages shall not in any way relieve the
Contractor from any of its obligations to complete the Works or from any other
obligations and liabilities of the Contractor under the Contract.
32.3 The Bidders are required to submit with the bid a preliminary Bar
Chart / Pert Chart (soft copy & hard copy) showing activities with
corresponding resource allocation and time planned for various activities to
achieve a coordinated completion as per the specified completion period
taking into account all local weather, site and other prevailing General
Conditions of Contract. The progress of work will be constantly monitored by
the Developer Time is the essence of the contract and the project is time
bound.
32.4 On award of work the Successful Bidder / Contractor shall, within two
weeks in consultation with the Developer produce a detailed Master
Project/Construction schedule (soft copy & hard copy), indicating physical
progress of work on a weekly basis. Upon acceptance of Master
Project/Construction schedule by the Developer, the Contractor shall strive
and maintain the planned progress most diligently.
32.5 If on the expiry of agreed Contract Period, the Works remains

incomplete, a liquidated damage (not as penalty) will be imposed on the
Contractor as stipulated in sub-clause 32.2 herein above.
33.1 The Contractor shall make good at his own cost and to the satisfaction
33 Defect Liability of the Developer, all defects, shrinkages or faults, arising in the opinion of the
Developer from Works or materials not being in accordance with the Drawings
or Specifications or Schedule of Quantities or the Instructions of the
Developer, which may appear within "Defects Liability Period" stipulated in the
Contract data.
33.2 Such defects, shrinkages shall upon directions in writing of the

Developer, and within such reasonable time as shall be specified therein be
amended and made good by the Contractor, at his own cost unless the
Developer shall decide that he ought to be paid for such amending and making
good and in case of default the Developer may employ and pay other
Contractor to amend and make good such defects, shrinkage, settlements or
other faults and all damages loss and expense consequent thereon or
incidental thereto shall be made good and borne by the Contractor and such
damage, loss or expense shall be recoverable from him by the Developer or
may be deducted by the Developer upon the Developer 's certificate in writing
from any amount due or may become due to the Contractor, in lieu of such
amending and making good by the Contractor deduct from any moneys due to
the Contractor a sum to be determined by the Developer as equivalent to the
cost of amending such work and in the event of the Retention Amount being
insufficient to recover the balance from the Contractor,
33.3 The Schedule of Defects shall be delivered to the Contractor not later
than 30 days after the expiration of the said Defects Liability Period.
33.4 When in the opinion of the Developer any defects shrinkages or other

defaults which he may have required to be made good under this Clause of this
Condition shall have been made good he shall issue a certificate to that effect,
and completion of making good defects shall be deemed for all the purposes of
this Contract to have taken place on the day named in such certificates.
34.1 The Contractor guarantees that during the Guarantee Test, the
34 Functional Works/Facilities and all parts thereof shall attain the Functional Guarantees
Guarantees specified in Technical Specification in Volume II, subject to and upon the
conditions therein specified.
34.2 If, for reasons attributable to the Contractor, the minimum level of
the Functional Guarantees specified in Technical Specification in Volume II are
not met either in whole or in part, the Contractor shall at its cost and expense
make such changes, modifications and/or additions to the Works or any part
thereof as may be necessary to meet at least the minimum level of such
Guarantees. The Contractor shall notify the Developer upon completion of the
necessary changes, modifications and/or additions, and shall request the
Developer to repeat the Guarantee Test until the minimum level of the
Guarantees has been met. If the Contractor eventually fails to meet the
minimum level of Functional Guarantees, the Developer may consider
termination of the Contract, pursuant to GCC Sub-Clause 48.2.
34.3 If, for reasons attributable to the Contractor, the Functional

Guarantees specified in Technical Specification in Volume II are not attained
either in whole or in part, but the minimum level of the Functional Guarantees
specified in Technical Specification in Volume II is met, the Contractor shall,
at the Contractor‟s option, either
a) make such changes, modifications and/or additions to the Facilities or
any part thereof that are necessary to attain the Functional Guarantees at its
cost and expense, and shall request the Developer to repeat the Guarantee
Test or
b) Pay liquidated damages as stated in Contract Data to the Developer in
respect of the failure to meet the Functional Guarantees.
34.4 The payment of liquidated damages under GCC Sub-Clause 34.3, up to

the limitation of liability specified in the Contract Data, shall completely
satisfy the Contractor‟s guarantees under GCC Sub-Clause 34.3, and the
Contractor shall have no further liability whatsoever to the Developer in
respect thereof. Upon the payment of such liquidated damages by the
Contractor, the Developer shall issue the Operational Acceptance Certificate
for the Works or any part thereof in respect of which the liquidated damages
have been so paid.
34.5 The Employer shall be entitled to an extension of Defect Liability
period if and to the extent that the Works (as the case may be, and after
taking over) cannot be used for the purposes for which they are intended by
any reason of a Defect or damage
35.1 The Contractor shall, subject to the Developer‟s compliance with GCC
Sub-Clause 35.2, indemnify and hold harmless the Developer and its employees
35 Patent Indemnity and officers from and against any and all suits, actions or administrative
proceedings, claims, demands, losses, damages, costs, and expenses of
whatsoever nature, including attorney‟s fees and expenses, which the
Developer may suffer as a result of any infringement or alleged infringement of
any patent, utility model, registered design, trademark, copyright or other
intellectual property right registered or otherwise existing at the date of the
Contract by reason of the Construction of Works by the Contractor or the use
of the Works in the country where the Site is located; Such indemnity shall not
cover any use of the Works or any part thereof other than for the purpose

indicated by or to be reasonably inferred from the Contract, any infringement

resulting from the use of the Works or any part thereof
35.2 If any proceedings are brought or any claim is made against the
Developer arising out of the matters referred to in GCC Sub-Clause 35.1, the
Developer shall promptly give the Contractor a notice thereof, and the
Contractor may at its own expense and in the Developer‟s name conduct such
proceedings or claim and any negotiations for the settlement of any such
proceedings or claim. If the Contractor fails to notify the Developer within
twenty-eight (28) days after receipt of such notice that it intends to conduct
any such proceedings or claim, then the Developer shall be free to conduct the
same on its own behalf. Unless the Contractor has so failed to notify the
Developer within the twenty-eight (28) day period, the Developer shall make
no admission that may be prejudicial to the defence of any such proceedings
or claim.
The Developer shall, at the Contractor‟s request, afford all available

assistance to the Contractor in conducting such proceedings or claim, and shall
be reimbursed by the Contractor for all reasonable expenses incurred in so
doing.
35.3 The Developer shall indemnify and hold harmless the Contractor and
its employees, officers and Subcontractors from and against any and all suits,
actions or administrative proceedings, claims, demands, losses, damages,
costs, and expenses of whatsoever nature, including attorney‟s fees and
expenses, which the Contractor may suffer as a result of any infringement or
alleged infringement of any patent, utility model, registered design,
trademark, copyright or other intellectual property right registered or
otherwise existing at the date of the Contract arising out of or in connection
with any design, data, drawing, specification, or other documents or materials
provided or designed by or on behalf of the Developer
36.1 Contractor‟s Liability

36 Limitation of Liability Except in cases of criminal negligence or wilful misconduct,
a) the Contractor shall not be liable to the Developer whether in
contract, tort, or otherwise, for any indirect or consequential loss or damage,
loss of use, loss of production, or loss of profits or interest costs, provided that
this exclusion shall not apply to any obligation of the Contractor to pay
liquidated damages to the Developer and
b) the aggregate liability of the Contractor to the Developer, whether
under the Contract, in tort or otherwise, shall not exceed the total Contract
Price, provided that this limitation shall not apply to the cost of repairing or
replacing defective equipment, or to any obligation of the Contractor to
indemnify the Developer with respect to patent infringement.
36.2 Cessation of Developer‟s Liability

The Developer shall not be liable to the Principal Contractor for any matter or
thing arising out of (or in connection with) the Contract or execution of the
Works, unless the Contractor shall have included the claims for it, if any,
which have been duly approved as variations with the Developer, in his Final
Statement and (except for matters or things arising after the issue of the
Taking-Over Certificate for the Works) in the statement at completion.
G. RISK DISTRIBUTION

37.1 Ownership of the material, good, Plant and Equipment (including

37 Transfer of Ownership spare parts) procured at site for using in the Works shall be transferred to
the Developer when are brought on to the Site.
37.2 Contractor‟s Equipment which is owned by the Contractor (either

directly or indirectly) shall be deemed to be the property of the Developer
with effect from its time of arrival on the site. The vesting of such
property in the Developer shall not :
a) affect the responsibility or liability of the Developer,

b) prejudice the right of the Contractor to the sole use of such
Contractor‟s Equipment for the purpose of the Works, or
c) affect the Contractor‟s responsibility to operate and maintain the
same under the provisions of the Contract.
The property in each item shall be deemed to revest in the Contractor

with effect from the time he is entitled to remove it from the Site, or
when the Developer‟s Representative issues the Taking-Over Certificate
for the Works, whichever occurs first.
37.3 Ownership of any material, goods, Plant and Equipment in excess

of the requirements for the Works shall revert to the Contractor upon
Completion of the Works or at such earlier time when the Developer and
the Contractor agree that the Plant and Equipment in question are no
longer required for the Works.
37.4 Notwithstanding the transfer of ownership of the material, goods,
Plant and Equipment, the responsibility for care and custody thereof
together with the risk of loss or damage thereto shall remain with the
Contractor pursuant to GCC hereof until Completion of the Works or the
part thereof in which such material, goods, Plant and Equipment are
incorporated.
38 Not used
39.1 Subject to GCC Sub-Clause 39.3, the Contractor shall indemnify

39 Loss of or Damage to and hold harmless the Developer and its employees and officers from and
Property; Accident or Injury to against any and all suits, actions or administrative proceedings, claims,
Workers; Indemnification demands, losses, damages, costs, and expenses of whatsoever nature,
including attorney‟s fees and expenses, in respect of the death or injury
of any person or loss of or damage to any property (other than the Works
whether accepted or not), arising in connection with the supply and
installation of the Works and by reason of the negligence of the
Contractor or its Subcontractors, or their employees, officers or agents,
except any injury, death or property damage caused by the negligence of
the Developer, its contractors, employees, officers or agents.
39.2 If any proceedings are brought or any claim is made against the
Developer that might subject the Contractor to liability under GCC Sub-
Clause 39.1, the Developer shall promptly give the Contractor a notice
thereof and the Contractor may at his own expense and in the Developer‟s
name conduct such proceedings or claim and any negotiations for the
settlement of any such proceedings or claim.
If the Contractor fails to notify the Developer within twenty-eight (28)

days after receipt of such notice that it intends to conduct any such
proceedings or claim, then the Developer shall be free to conduct the
same on its own behalf. Unless the Contractor has so failed to notify the

Developer within the twenty-eight (28) day period, the Developer shall
make no admission that may be prejudicial to the defence of any such
proceedings or claim.
The Developer shall, at the Contractor‟s request, afford all available

assistance to the Contractor in conducting such proceedings or claim, and
shall be reimbursed by the Contractor for all reasonable expenses incurred
in so doing.
39.3 The Developer shall indemnify and hold harmless the Contractor
and its employees, officers and Subcontractors from any liability for loss
of or damage to property of the Developer, other than the Works not yet
taken over, that is caused by fire, explosion or any other perils, in excess
of the amount recoverable from insurances procured under GCC Clause 40
provided that such fire, explosion or other perils were not caused by any
act or failure of the Contractor.
39.4 The party entitled to the benefit of an indemnity under this GCC
Clause 39 shall take all reasonable measures to mitigate any loss or
damage which has occurred. If the party fails to take such measures, the
other party‟s liabilities shall be correspondingly reduced.
40 Insurance 40A Insurance against injury to persons and property
40A.1 Workmen Compensation Insurance
(1) The Contractor shall effect and maintain employees,

compensation insurance in compliance with the provisions of the Law of
Land in the joint names of the Contractor, Developer (project principal),
his sub-contractors and their respective sub-contractors of all tiers against
all liabilities arising in respect of bodily injury to, disease contracted by or
death of the Contractor‟s or any sub-contractors of all tiers employees
arising out of and in the course of their employment on the Works or in
connection with the Contract.
(2) The insurance cover shall be against the liabilities referred to in
Clause 40A.1 (1) sustained during the period from the Commencement
Date until the Final Certificate for the whole of the Works has been issued
and the Contractor has finally left the Site.
40A.2 Third Party Liability Insurance
(1) The Contractor shall effect insurances in the joint names of the
Developer, Contractor, his sub-contractors and their respective sub-
contractors of all tiers against all liabilities of the insured under the
Contract or otherwise in respect of:
a) bodily injury to, or disease contracted by or the death of any
person arising out of or in the course of or by reason of carrying out the
Works and whether arising on or off Site; and
b) injury or damage to real or personal property other than the
Works insofar as the injury or damage arises out of, or in the course of, or
by reason of the carrying out of the Works and whether arising on or off
the Site, including injury or damage caused by any act or neglect of the
Developer or any person for whom the Developer is responsible or by
collapse, subsidence, heave, vibration, weakening or removal of support
or lowering of ground water due to any cause other than;
i. ionizing radiation or contamination by radioactivity from any
nuclear fuel or from any nuclear waste from the combustion of nuclear
fuel, radioactive toxic explosive or other hazardous properties of any

explosive nuclear assembly or nuclear component thereof;

ii. pressure waves caused by aircraft or other aerial devices
travelling at sonic or supersonic speeds;
iii. Non-negotiable exclusions imposed by the insurance market.
(2) The insurance cover shall be against the liabilities referred to in
Clause 40A.2.(1) sustained during the period from the Commencement
Date until the Final certificate for the whole of the works has been issued
and the Contractor has finally left the Site. To clarify this cover should be
in operation till completion of defects liability period.
(3) The insurances shall include:
a) a cross liability clause to the effect the insurances shall cover the
Developer, the Contractor, his sub-contractors and their sub-contractors
of all tiers as separate insured; and
b) a waiver of any right of subrogation which the insurers may have
against any of the insured.
(4) The third party liability insurances against injury or death to any
person and injury or damage to any real or personal property under Clause
40A.2 (1) shall be effected with a limitless indemnity as specified in
Contract data for any one occurrence or series of occurrences arising out
of one event but unlimited in the aggregate amount for the period of
insurance.
40A.3 Insurers and terms to be approved

(1) The insurances under Clause 40A shall be placed with insurers
acceptable to both parties and approved in writing by the Developer.
(2) The cover shall be in terms approved by the Developer but in any
case cannot be beyond the best terms available.
40A.4 Policies to be Produced

The Contractor shall provide evidence of cover to the Developer prior to
the Commencement Date and shall produce the policies of insurance and
premium receipts for inspection and approval by the Developer as soon as
practicable afterwards.
40A.5 Event of Failure to Insure

If the Contractor defaults in effecting or in maintaining the insurance
cover required by Clause 40A, the Developer may effect and maintain this
insurance.
40A.6 The effecting and maintaining of insurances by the Contractor

under Clause 40A is without prejudice to the Contractor‟s obligation to
indemnify the Developer under Clause 39.
40B Insurance of the Works

40B.1 Contractor‟s All Risks Insurance
The Contractor shall effect and maintain Contractor‟s All Risks insurance
of the Works for the full reinstatement value of the Works and all other
costs set out in Clause 40B.2
40B.2 The requirements for the Contractor‟s All Risks Insurance is to
provide insurance cover against any physical loss or damage to the Works,
existing constructions on the Site, temporary works or materials or goods
that are the property of the insured or for which the insured is responsible
while on the Site, being fabricated or stored off-Site or in transit by road,
rail, air or marine craft within India or its territorial waters and anywhere
in the world including;
a) costs and expenses in respect of shoring and propping up, testing,
dismantling or demolishing part of the Works, existing constructions on
the Site or temporary works, removing and disposing of debris and
damaged materials or goods and protecting the Works, existing

constructions on the Site, temporary works and materials or goods;

b) 10% of the Contract Price for professional fees ;
c) all necessary extra costs of express freight or airfreight; and
d) all necessary extra overtime labour costs, incurred in the repair,
reinstatement, supervision following damage to the Works, existing
constructions on the Site, temporary works or materials and goods from
any cause whatsoever excluding;
e) Loss or damage to plant, equipment and temporary buildings and
their contents owned or hired by the Contractor or any person for whom
the Contractor is responsible;
f) Terrorism.
g) pressure waves caused by aircraft or other aerial devices
travelling at sonic or supersonic speeds;
h) Non-negotiable exclusions imposed by the insurance market.
Insurance of the Works to be in the joint names and period of insurances

40B.3
1) The Contractor‟s All Risks Insurance of the Works shall be
effected and maintained in the joint names of the Developer and the
Contractor, his sub-contractors and their respective sub-contractors of all
tiers and suppliers. The insurance cover shall run from the
Commencement Date until 14 days after the issue of the Final Certificate
for the Works or 14 days after the determination of the employment of
the Contractor, whether valid or not, whichever is the earlier.
2) If the Contract provides for sectional completion of the Works or
the Developer has taken possession of a relevant part, the obligation of
the Contractor to affect Contractor‟s All Risks Insurance shall terminate in
relation to any section or relevant part 14 days after the Completion Date
of that section or relevant part.
3) The Insurance to include :
a) a cross liability clause to the effect that the insurances shall
cover the Developer, Contractor, his sub-contractors and their sub-
contractors of all tiers and suppliers as separate insured, and
b) a waiver of any right of subrogation which the insurers may have
against any of the insured.
40B.4 Parties obligations if loss or damage occurs

In the event of loss or damage to work, materials or goods caused by a
peril covered by the Contractor‟s All Risks Insurance of the Works the
Contractor shall:
a) notify the Developer of the extent, nature and location of the loss
or damage immediately upon discovering it;
b) follow all of the requirements in the insurance policy, prepare
and submit the insurance claim and negotiate with the insurers to achieve
a fair settlement; and
c) restore lost or damaged work, remove and dispose of any debris,
repair or replace materials or goods which have been stolen, lost,
destroyed or damaged and proceed with carrying out the Works with due
diligence and in accordance with the Contract immediately after any
inspection required by the insurers has been carried out.
40B.5 Contractor‟s Payment not more than insurance proceeds

The Contractor shall not be entitled to any payment in respect of the
replacement, repair or restoration of the loss or damage and the removal
and disposal of debris other than the amount received under the
Contractor‟s All Risks Insurance of the Works unless and to the extent that
the loss or damage was caused or contributed to by a breach of Contract
or other default by the Developer or Principal Contractor or any person for
whom the Developer or Principal Contractor is responsible.

40B.6 Insurer to be approved and remedy if Contractor fails to insure

1) The Contractor‟s All Risks Insurance of the Works shall be
affected with insurers approved by the Developer.
2) The cover shall be in terms approved by Developer but in any case
cannot be beyond the best terms available.
3) The Contractor shall deposit with the Developer evidence of cover
prior to commencement of the Works and produce the premium receipt
and any relevant endorsements as soon as practicable afterwards,
followed by a copy of the insurance policy as soon as it becomes available.
4) if the Contractor defaults in effecting or in maintaining the
Contractor‟s All risks Insurance for the Works, the Developer may effect
and maintain it himself.
40B.7 Use of annual policy maintained by Contractor

1) if the Contractor maintains an annual policy of insurance which
provides cover no less than that required under clause 40B.1, an
endorsement attached to the annual policy naming the Works, the
Developer, the Contractor, his sub-contractors and their respective sub-
contractors of all tiers and suppliers shall be a discharge of the
Contractor‟s obligations under clause 40B.1
2) The Contractor shall produce the annual policy of insurance,
premium receipt and the endorsement for inspection by the Developer
prior to the commencement of the Works and the annual premium receipt
within 14 days after the renewal date
40B.8 The Contractor, in case of re-building or reinstatement after

incident shall be entitled to such extension of time for completion as the
Developer may deem fit, but shall, however, not be entitled to
reimbursement by the Developer of any shortfall or deficiency in the
amount finally paid by the insurer in settlement of any claim arising as set
out herein which shall including but not limited to the following:
40B.8.1 In a scenario where the reason attributable to the incident, which

have form a basis for an Insurance claim lies with entity working on site
excluding Contractor and Developer then all Insurance deductibles,
excesses and differential costs shall be to account of that entity. Else all
Insurance deductibles, excesses and differential costs shall be to
Contractor‟s account.
40B.9 Not Used.
41.1 Except otherwise stated in the contract:

41 Unforeseen Conditions a) the Contractor shall be deemed to have obtained all necessary
information as to risk, contingencies and other circumstances which may
affect the Work;
b) by signing the Contract, the Contractor accepts total
responsibility for having foreseen all difficulties and costs of successfully
completing the Works; and
c) The Contract Price shall not be adjusted to take account of any
unforeseen difficulties or tasks
d) Unforeseeable Sub-Surface Conditions
The information provided along with Developer‟s Requirements is

indicative. The Contractor shall make necessary investigation on its own
cost. If sub-surface conditions are encountered by the Contractor which in
his opinion was not foreseeable by an experienced contractor, the
Contractor shall give notice to Developer so that Developer can inspect

such conditions. After receipt of such notice and after his inspection and
investigation, the Developer shall, if such conditions were not (by the
Base Date) foreseeable by an experienced contractor, Endeavour to reach
agreement regarding value, cost and /or extension of time If agreement is
not achieved, Developer in consultation with Developer‟s Representative
determine the matter fairly, reasonably and in accordance with Contract.
42.1 If, after the date of Bid submission, any law, regulation,
42 Change in Laws and ordinance, order or by-law having the force of law is enacted,
Regulations promulgated, abrogated or changed (which shall be deemed to include
any change in interpretation or application by the competent authorities)
that subsequently affects the costs and expenses of the Contractor and/or
the Time for Completion, the Contract Price shall be correspondingly
increased or decreased, and/or the Time for Completion shall be
reasonably adjusted to the extent that the Contractor has thereby been
affected in the performance of any of its obligations under the Contract.
Notwithstanding the foregoing, such additional or reduced costs shall not
be separately paid or credited if the same has already been specifically
accounted for in the price adjustment provisions where applicable, in the
Contract.( This applies only to taxes & duties administered by both state
and central government of the respective locations.)
43.1 “Force Majeure” shall mean any event beyond the reasonable
43 Force Majeure control of the Developer or of the Contractor, as the case may be, and
which is unavoidable notwithstanding the reasonable care of the party
affected, and shall include, without limitation, the following:
a) War, hostilities (whether war be declared or not), invasion, act of
foreign enemies,
b) Rebellion, revolution, insurrection, mutiny, usurpation of civil or
military government, conspiracy, riot, civil commotion and terrorist acts,
c) Munitions of war, explosive materials, ionising radiation or
contamination by radio-activity, except as may be attributable to the
Contractor‟s use of such munitions, explosives, radiation or radio-activity,
and
d) Natural catastrophes such as earthquake, volcanic activity, fire,
flood or inundation, tidal wave, typhoon or cyclone, hurricane, storm,
lightning, or other inclement weather condition, nuclear and pressure
waves or other natural or physical disaster,
43.2 If either party is prevented, hindered or delayed from or in

performing any of its obligations under the Contract by an event of Force
Majeure, then it shall notify the other in writing of the occurrence of such
event and the circumstances thereof within Fifteen (15) days after the
occurrence of such event.
43.3 The party who has given such notice shall be excused from the
performance or punctual performance of its obligations under the
Contract for so long as the relevant event of Force Majeure continues and
to the extent that such party‟s performance is prevented, hindered or
delayed. The Time for Completion shall be extended in accordance with
GCC Clause 46.
43.4 The party or parties affected by the event of Force Majeure shall
use reasonable efforts to mitigate the effect thereof upon its or their
performance of the Contract and to fulfil its or their obligations under the
Contract, but without prejudice to either party‟s right to terminate the
Contract under GCC Sub-Clauses 43.6 and 44.5.

43.5 No delay or non-performance by either party hereto caused by

the occurrence of any event of Force Majeure shall
a) constitute a default or breach of the Contract,
b) (subject to GCC Sub-Clauses 42.1, 44.3 and 44.4) give rise to any
claim for damages or additional cost or expense occasioned thereby
If and to the extent that such delay or non-performance is caused by the

occurrence of an event of Force Majeure.
43.6 If the performance of the Contract is substantially prevented,

hindered or delayed for a single period of more than sixty (60) days or an
aggregate period of more than one hundred and twenty (120) days on
account of one or more events of Force Majeure during the currency of
the Contract, the parties will attempt to develop a mutually satisfactory
solution, failing which either party may terminate the Contract by giving a
notice to the other, but without prejudice to either party‟s right to
terminate the Contract under GCC Sub-Clause 44.5.
43.7 In the event of termination pursuant to GCC Sub-Clause 43.6, the

rights and obligations of the Developer and the Contractor shall be as
specified in GCC Sub-Clauses 48.1.2 and 48.1.3.
43.8 Notwithstanding GCC Sub-Clause 43.5, Force Majeure shall not

apply to any obligation of the Developer to make payments to the
Contractor herein.
44 Not Used
H. CHANGE IN CONTRACT ELEMENTS
45.1 Extent of Variation

45 Variations 45.1.1 The Developer may issue instructions requiring a variation and
sanction in writing any variation made by the Contractor. No variation
required by the Developer or subsequently sanctioned by him shall vitiate
this contract.
45.1.2 The term "Variation" as used in these General Conditions of
Contract means the alteration or modification of the design, quality or
quantity of the work as shown upon the Contract Drawings and desired by
or referred to in the Price Schedules, and includes the addition, omission
or substitution of any work, the alteration of the kind of standard of any
of the materials or goods to be used in the work, and the removal from
the site of any works materials or goods executed or brought thereon by
the Contractor for the purposes of the work other than work, materials or
goods which are not in accordance with this Contract.
45.2 Valuation of Variations

45.2.1 The price in the Price Schedules shall determine the valuation of
work of similar character executed under similar General Conditions of
Contract as work priced therein.
45.2.2 The said prices, where work is not of a similar character or
executed under similar General Conditions of Contract as aforesaid, shall
be the basis of prices for the same so far as may be reasonable, failing
which a fair valuation thereof shall be made.

45.2.3 Where work cannot properly be measured and valued the

Contractor shall be allowed day-work rates on the prices prevailing when
such work is carried out (unless otherwise provided in the Price
Schedules):
a) At the rates if any, inserted by the Contractor in the Price
Schedules or in the form of Bid or
b) When no such rates have been inserted, at the rates prevailing in
the market for material and labour and at the control rates for the
controlled materials including in all cases the rate for delivery of the
material at the work as per following formula. The Contractor shall
produce all backup documents and detail rate analysis to justify his claim
 The sum of (landed cost of material or plant with tax and labour
charges) plus 10 % of the above sum as overhead and profit which will be
inclusive of insurance, BG, water, power, infrastructure facilities,
amenities, supervision etc.
45.2.4 The above mentioned percentage to be added as overheads &

profits to the basic rate analysis for new items / additional items of work
shall include all site and office overheads & profits of the Contractor , all
incidental and connected charges / expenditure such as Insurance, Water
and Power Charges and other direct and indirect costs, as mentioned in
Instructions to Bidders / Notice Inviting Bid and similar liabilities which
the Contractor may have to incur in the process of completing the said
item of work and the said overheads & profits shall also include all
infrastructure facilities, amenities, supervision, etc.
45.2.5 Basic rates of materials as arrived at site will be considered for

analysis to arrive at rates for new / additional items as per Bid
conditions.
45.2.6 Provided that in any case voucher specifying the time daily spent
upon the work (and if required by the Developer the workmen's names)
and the materials employed shall be delivered for verification to the
Developer or his authorized representative not later than the end of the
week following that in which the work has been executed.
45.2.7 Not Used
45.2.8 Effect shall be given to the measurement and valuation of

variations under this condition in Interim Certificates and by adjustment
of the Contract Price / Contract Value / contract Sum.
45.3 Quantity variation

Quantity variation will have no ceiling limit in respect of individual items
and individual quantities can vary to any extent. Such variations shall not
warrant any claims for modifications to already quoted and accepted
rates. However variation to the value of total contract sum can vary to
the extent up-to Plus (+) or minus (-) 25% without warranting change of
rates. Extra items shall not be considered while working out the above
variation limit. In case the total value of contract varies in excess of the
above limit, rates of only the variation items will be re-considered based
on actual impact.
46.1 Upon it becoming reasonably apparent that the progress of the

46 Extension of Time for Works is delayed, the Contractor shall within 15 days give written notice
Completion of the cause of the delay to the Developer, and if in the opinion of the
Developer, the completion of the Work is likely to be or has been delayed
beyond the date for completion stated in the Contract Data (to these

General Conditions of Contract) or beyond any extended time previously

fixed under this Clause :
a) By force majeure ; or
b) Not used
c) By reason of Developer 's instructions issued under Clauses 10, 31
or 39, 47 of these General Conditions of Contract or
d) By reason of the Contractor not having received in due time
necessary instructions, drawings, details or levels from the Developer for
which he specifically applied in writing on a date which having regard to
the date for completion stated in the Contract Data to these General
Conditions of Contract or
46.2 The Contractor is not eligible for any monetary compensation

whatsoever due to extension of time granted to him.
46.3 Not Used
46.4 Not used
47.1 The Developer may request by notice to the Contractor, to

47 Suspension suspend performance of any or all of its obligations under the Contract.
Such notice shall specify the obligation of which performance is to be
suspended, the effective date of the suspension and the reasons
therefore. The Contractor shall thereupon suspend performance of such
obligation (except those obligations necessary for the care or
preservation of the Works) until ordered in writing to resume such
performance by the Developer.
If the Contractor is found by the Developer not complying and/or

persisting in non-compliance with safety requirements or with statutory
obligations, Developer may suspend his Work at any time by notice in
writing and the Work shall not be resumed unless necessary corrective
actions has been taken to the entire satisfaction of the Developer and the
suspension order has been revoked in writing. Developer's decision in this
matter shall be final. No claims arising from such suspension shall be
made by the Contractor.
47.2 During the period of suspension, the Contractor shall not remove
from the Site any part of the Works or any Contractor‟s Equipment,
without the prior written consent of the Developer
48 Termination 48.1 Developer may, forthwith without notice and without further
obligation save as it is herein expressly provided, terminate the Order in
the event of the Contractor becoming bankrupt or having a receiver
appointed for the Contractor assets or any proceedings being commenced
for the dissolution, liquidation or bankruptcy of the Contractor being
incapacitated for any reason from performance of this Order.
48.2 Developer may also terminate the Order in the event of the
Contractor fails to commence or complete the Order on time or for
supply not done to the satisfaction of Developer, after giving fifteen (15)
days written notice to the Contractor. The Contractor shall reimburse the
amount paid to them for the works not completed.
48.3 In the event of termination of the Order, Developer shall make

payment of the price payable for the items delivered and services
completed by the Contractor and accepted by Developer. The Contractor

shall not be entitled to any further compensation for any termination of

the Order.
48.4 Optional Termination
Developer may, at its option, terminate for convenience any of the Work
under this contract in whole or, from time to time, in part, at any time
by written notice to contractor. Such notice shall specify the extent to
which the performance of the Work is terminated and the effective date
of such termination. Upon receipt of such notice contractor shall:
1) Immediately discontinue the Work on the date and to the extent
specified in the notice and place no further purchase orders or
subcontracts for materials, services, or facilities, other than as may be
required for completion of such portion of the Work that is not
terminated;
2) Promptly obtain assignment or cancellation upon terms
satisfactory to Developer of all purchase orders, subcontracts, rentals, or
any other agreements existing for the performance of the terminated
work or assign those agreements as directed by Developer
3) Assist Developer in the maintenance, protection, and disposition
of work in progress, plant, tools, equipment, property, and materials
acquired by contractor or furnished by Developer under this contract; and
4) Complete performance of such portion of the Work, which is not
terminated.
Upon any such termination, contractor shall waive any claims for
damages including loss of anticipated profits; on account thereof, but as
the sole right and remedy of contractor, Developer shall pay in
accordance with the following:
a) The contract price corresponding to the work performed in
accordance with this contract prior to such notice of termination;
b) All reasonable costs for work thereafter performed as specified in
such notice;
c) Reasonable administrative costs of settling and paying claims
arising out of the termination of work under purchase orders or
subcontracts;
d) Reasonable costs incurred in demobilization and the disposition
of residual material, plant and equipment; and
e) A reasonable overhead and profit on items b through d of this
clause.
Contractor shall submit within thirty (30) calendar days after receipt of
notice of termination, a written statement setting forth its proposal for
an adjustment to the contract price to include only the incurred costs
described in this clause. Developer shall review, analyze, and verify such
proposal, and negotiate an equitable adjustment, and the contract shall
be modified accordingly.
49.1 The Contractor shall not assign the Contract or any part thereof,
49 Assignment
any right, benefit, obligation or interest therein or there under to any
other contractor, without the express prior written consent of the
Developer.

50.1 The Contractor must have in place at all times a detailed

50 Continuity of Services
contingency and business continuity plan that covers situations where the
services cannot be provided by the contractor including due to,
malfunction or unavailability of Contractor personnel and resources and
any other causes. The contractor must ensure that the contingency and
business continuity plan and each update to, and revised version of the
contingency and business continuity plan is approved by Developer. In the
event that the contractor is unable to provide any Service for any reason
including a force majeure event, malfunction or unavailability of
contractor resources or any other cause the contractor must immediately
notify Developer and comply with the current approved contingency and
business continuity plan to ensure continuity of the Services. The
contractor confirms that its contingency and business continuity plan will
be such that notwithstanding non availability of its resources for any
reason whatsoever, the contractor is able to continue to provide the
services in accordance with the agreed service levels and otherwise
perform all its obligations under this order without interruption.
51.1 The Developer reserves the right to let other Contracts in

51 Exempted Matters connection with the Project. The Contractor shall afford other
contractors reasonable opportunity for the introduction and the
execution of their work, and shall properly connect and co-ordinate his
work with theirs. If any part of Contractor‟s or Sub-Contractor‟s work
depends for proper execution or results upon the work of any other
Contractor or Sub-Contractor, the Contractor shall inspect and promptly
report to the Developer any defects in such work that render it unsuitable
for such proper execution and results. Failure of the Contractor to so
inspect and report shall constitute an acceptance of the other
Contractor‟s work as fit and proper for the reception of his work, except
as to defects which may develop in the other Contractor‟s or
Sub-Contractor‟s work after the execution of the work. To ensure the
proper execution of his subsequent work the Contractor shall measure
work already in place and shall at once report to the Developer any
discrepancy between the executed work and the Drawings.

VOLUME I - SECTION 3B
SPECIAL CONDITIONS OF CONTRACT

CONTENTS
1. Preamble .......................................................................................................................... 90
2. General Scope of Works ........................................................................................................ 90
3. Order of Precedence ............................................................................................................ 90
4. Access .............................................................................................................................. 90
5. Setting Out and Survey Information ......................................................................................... 90
6. Developer Supplied Material ................................................................. Error! Bookmark not defined.
7. Shuttering/Formwork .......................................................................... Error! Bookmark not defined.
8. Scaffolding. ...................................................................................... Error! Bookmark not defined.
9. Samples ............................................................................................................................ 91
10. Method Statement ......................................................................................................... 91
11. Contractor responsible for sufficiency of resources ............................................................... 92
12. Penalty ...................................................................................................................... 92
13. Records and Measurement .............................................................................................. 92
14. Method of Measurement ................................................................................................. 92
15. Fire Precautions ........................................................................................................... 93
16. Use of Site .................................................................................................................. 93
17. Protection ................................................................................................................... 93
18. Storage of Material ........................................................................................................ 93
19. Cleaning of Works ......................................................................................................... 93
20. Tender Schedule .......................................................................................................... 94
21. Working Programmes ..................................................................................................... 94
22. Record Keeping ............................................................................................................ 96
23. Handover From or to Other Trade Contractors ..................................................................... 96
24. Minimum Plant & Equipment to be deployed ........................................................................ 97
25. Quality and Safety Assurance ........................................................................................... 97
26. Unloading, Storage & Security of Developer Supplied Material at Site ......................................... 98
27. Reconciliation .............................................................................................................. 98
28. Environmental Protection ............................................................................................... 98

1. Preamble
This document for the Scope of Works set out to assist the Tenderer in identifying the extent of the
work to be priced in the Bill of Quantities for this work package by amplifying the details shown on the
drawings and directing to the attention of the Tenderer other items that are not necessarily described
or indicated yet are required for the full performance and completion of the Works. All items essential
for the completeness of the Works even if not specifically shown on the drawings or noted in the
specifications provided that the same shall be reasonably inferred from there shall be furnished and
installed by the Contractor and included in this Tender. This is not intended to exclude any other
items that may be required by the PMC, Design Consultants or that may be required by the Statutory
Authorities or for good construction practice.
2. General Scope of Works

This work shall include all labour, materials (except client supplied), equipment, tools and tackles,
transportation, unloading and stacking, taxes, insurance, guarantees, warranties etc. that are
necessary for the complete performance required by the Tender drawings, specifications and other
matters as per Tender Documents.
3. Order of Precedence
The Special Conditions of Contract are to be read in conjunction with General Condition of Contract. If
there are any variations, discrepancies or conflicting provisions, the provisions in Special Conditions
shall take precedence over the provisions in the General Conditions of Contract.
4. Access
The Contractor is required to verify and satisfy itself regarding the Work Site, including but not be
limited to the following:
• Access
• Place for stores and materials
• Place for erection of Site Office, Cement Godown, Fabrication yards, Material testing
laboratory etc.
The Contractor is deemed to have catered for all contingencies connected with the Site and access.
5. Setting Out and Survey Information

5.1 Control Points
Coordinated control marks are established on the site to enable the contractor to establish set out
information for his construction requirements. The location of the datum benchmark and other
mark(s), together with their values, are indicated on the Drawings.

5.2 Setting out Information

The Contractor is responsible for the setting out, including level control, of the works. All cost
associated with this work shall be included in the Rates.
The PMC / Developer may elect to check the setting out and levels at various stages of the work.
6. Samples
6.1 Material
6.1.1 The Contractor shall furnish to the PMC for its approval with reasonable promptness
and with reasonable time for consideration, adequate number of samples of all the materials to be
used in the Works, irrespective of whether material / product is from approved list or not as given in
the Contract Documents.
6.1.2 The Contractor shall permit and account for all cost incurred in its Rate towards testing,
examination at the Site or at an approved testing laboratory by the PMC.
6.1.3 The choice of approval of materials rests with the PMC, under otherwise specified.
6.1.4 All samples shall be delivered to the PMC‟s Office at the Contractors cost. Each sample shall
be in duplicate and properly labeled as under:
 Name of Project
 Name of Contractor
 Name of Product
 Name of Manufacturer and its full address
 Item reference of Bill of Quantities
 Date of submission
6.1.5 Samples shall be accompanied with technical specifications / catalogues (in original) / leaflets
/ test results of manufacturer etc.
6.1.6 All approvals for samples to be done one month prior starting of the activity.
7. Method Statement
7.1 The Contractor shall within 15 (Fifteen) days of receipt of the Letter of Intent to commence
work, under respective Clause of General Conditions of Contract, submit for the approval of the PMC a
detailed programme and Method Statement with drawings and sketches showing how it proposes to
carry out the Works based on the Contract Documents. The statement shall describe methods to be
employed in carrying out the Works. The programme shall give estimated dates on which the various
sections of the works will commence together with the estimated rate of progress of Construction and
estimated output so that the whole of the works may be completed within the stipulated Contract
Period including various Milestones indicated therein.
7.2 The Contractor shall progress the works thoroughly and take such action as is necessary in
order to ensure that the approved programme is strictly adhered to in all its stages. The Contractor
shall submit detailed programmes of the various sections of the works as and when required by the
PMC. The Contractor shall take all precautions and cover all contingencies to ensure that adequate
spare equipment and materials are available at all time to ensure completion of the works in
accordance with the agreed programme.

8. Contractor responsible for sufficiency of resources

8.1 The Contractor shall take upon itself the full and complete responsibility for the sufficiency of
plant and equipment, centering and shuttering, scaffolding, timbering, machinery tools and tackles and
generally for all other resources for the fulfillment of the Contract Conditions. In the event of
any of aforementioned resources proving insufficient or inadequate Contractor is still fully and entirely
responsible for the sufficiency of these resources notwithstanding any previous approval or
recommendations that may have been given by the PMC.
9. Penalty
Time is the essence of this Contract and hence the completion date stipulated above shall be strictly
adhered to. However, in case of delay, for each day of delay beyond the specified time schedule, the
Contractor shall be liable to pay a penalty as below
 For each day beyond 7 days - @ 0.08% per day of the Contract Value from the agreed time
schedule till 15 days
 For days exceeding 15 days - @ 0.5% per week
 Maximum penalty shall be 5% of the Contract Value
This penalty will be reviewed & levied at once a month for particular milestone. If the delay is
recovered in the subsequently, the deducted penalty shall be refunded to the Contractor
10. Records and Measurement

10.1 The PMC shall, except as otherwise stated, ascertain and determine the value of the works
done in accordance with the Contract.
10.2 All items having a financial value shall be entered into the Measurement Book as required by
the PMC so that a complete record is maintained of all works performed under this Contract.
10.3 The measurements shall be taken jointly by the PMC or its authorized representative and by
the Contractor. Prior to taking the measurements of any works, the PMC shall give reasonable notice to
the Contractor. If the Contractor fails to attend for measurement after such notice or fails to
countersign or records its objection within 7 (seven) working days from the date of the measurement,
then in any such event the measurements taken by the PMC or its authorized representative shall be
taken to be the correct measurements and shall be binding upon the Contractor. The Contractor shall,
at no extra charge, provide assistance with the measurement appliances necessary to record the
measurement.
10.4 The measurements shall be signed and dated by both parties on the day of taking the
measurement on the Site on completion of the measurements.
11. Method of Measurement

11.1 The works shall be measured in accordance with the Methods of Measurement identified in the
Specifications and Bill of Quantities forming part of this Contract notwithstanding any provisions in the
relevant Indian Standard Method of Measurement or any general or local custom unless noted in the
Contract Documents.
11.2 In the situation where items are not covered by the Specifications and/or Schedule of Rates,
the method of measurement to be used shall be in accordance with the relevant Method of
Measurement issued by the Bureau of Indian Standards.
11.3 For Milestone based payments, work shall be certified only on attainment of full milestone.

12. Fire Precautions

12.1 The Contractor shall comply with Fire Regulations of the controlling authority in force and CFO
norms during the currency of the Contract relating to the precautions to be taken against fire hazards
on site.
13. Use of Site

13.1 The Contractor shall not use any portion of the Site for any purpose not connected with the
Works. It shall maintain a permanent Site access free of spillage and shall not interfere with the flow of
traffic thereof. Also the same shall apply to terraces and other developed areas of the Works.
14. Protection
14.1 Adequate protection against any form of damage or deterioration shall be provided for all
sections of the Works by the Contractor at its own cost. This shall include but not limiting to the
protective tapes, casings, guard rails and the like. Particular care shall be taken to self-finished
surfaces during construction.
14.2 In pursuance of this Clause, the contractor shall carry out all the works as directed and
instructed by the PMC to its satisfaction.
15. Storage of Material

15.1 Cement
Cement shall be stored at the work site in a building or a shed which is dry, leak proof and as moisture
proof as possible. The building or shed for storage should have minimum number of windows and close
fitting doors and these should be kept closed as far as possible.
Cement bags shall be stacked off the floor on wooden planks or like in such a way as to keep about 150
mm to 200 mm clear above the floor.
The height of stack shall not be more than 10 bags to prevent the possibility of lumping up under
pressure.
For extra safety during the monsoon, or when it is expected to store for an unusually long period, the
stack shall be completely enclosed by a water proofing membrane such as polyethylene, which shall
close on the top of the stack. Care shall be taken to see that the waterproofing membrane is not
damaged any time during use.
15.2 Reinforcement Steel- Not Applicable

In order to ensure that the reinforcement bars are kept in good condition, they should not be left in
direct contact with the ground but they should be stacked on top of an arrangement of concrete
sleepers or the like identifying bars of different sizes and lengths.
Flexible bends like stirrups and bends of small diameter bars should be grouped together and bundled
for ease of handling. Each bundle of bars or group of bars should have labels affixed to it indicating the
bar mark, bending schedule reference number and its position in laying.
16. Cleaning of Works

16.1 The Site shall be maintained clean at all times during the currency of the Contract. Necessary
manpower, tools and tackles shall be deployed by the Contractor to ensure a clean Site. In case the
Contractor fails to comply with this condition to the satisfaction of the PMC, the PMC shall get the
same maintained at the cost and risk of the Contractor.
16.2 Prior to handing over the Works, the Contractor shall thoroughly wash and clean all buildings
and external areas of the Works ready for occupation.

17. Tender Schedule

The Tenderer is required to submit with his Tender a detailed programme which shall identify the main
time spans and relationships between all elements of the Scope of Works.
The Tender Programme shall clearly identify the resources and methods which the Tenderer intends to
adopt in order to achieve the interim and overall stages of completion required to complete the scope
of works.
18. Working Programmes

18.1 Programme of Working Drawings, Method Statements and Other Submissions (Design
Programme)
a) The Contractor shall prepare a programme which will clearly define and separately identify the
intended preparation, submission and review of each individual package of working drawings or
submissions for every element of the scope of works.
b) This programme shall be represented in the form of a bar chart or a series of bar charts,
supported by durations, start and finish dates and amount of float resulting from the critical path
analysis of the network for the contracted scope of works. A precedence network shall also be supplied
to support and explain the bar chart(s).
c) The Contractor shall, when preparing the design programme, take into account the physical
and technical interfaces between every element of the scope of works for the Contractor and the scope
of works for other contracts based on information provided by the PMC from time to time. Design
information should then be submitted in a form that will enable a full co -ordinated and complete
review of the drawing package or submission. If design details are submitted in an un-coordinated and
incomplete manner then they will be returned without review with a request to be re-submitted when
they are in a sufficiently complete form to enable a complete and thorough review. This may include
reference to previously reviewed drawings or documents, provided that the documents are referred to
have attained a satisfactory status.
d) An essential part of this programme will be the phasing of submission in order that the PMC is
provided with an even flow of reviews, with a gradual and controlled build up and run down of effort.
The PMC will always endeavor to return documents within the stipulated review periods, but cannot
guarantee such action if submissions are provided in an ad-hoc, substandard or incomplete manner. It is
therefore to the benefit of the Contractor and the project to provide submissions in a well ordered
fashion.
e) This programme shall also identify all items of information which the Contractor requires to be
provided by the Developer, the time that they are required and the elements and tasks within the
programme that the Contractor considers will be affected and how they will be affected by the
provision of such information.
f) In addition to indicating the essential relationships between each element or task of the
programme, this programme will also clearly identify the relationship between the completion of
review of each submission and any subsequent procurement, manufacturing construction or other key
element of the Contract.
g) It is essential that, in preparing the design programme, the Contractor should bear in mind
that submissions may not necessarily achieve approved status at first submission and the programme
should be designed with a suitable contingency for that eventuality.
h) This programme will form an intrinsic part of the Scope of Work.

18.2 The Procurement Programme
a) The Contractor shall prepare a programme clearly identifying and defining the intended
preparation of shop drawings, fabrication schedules and the like, procurement of materials, the
manufacture and / or fabrication of materials, items of plant or equipment required to complete the
scope of works, any tests required, the preparation of goods for shipment, the method of shipment to
be adopted, the shipment of goods and delivery to site of each item or shipment of material, item of
plant or equipment required for the execution of the scope of work.
b) When the information is available, the Contractor shall develop this programme into a
comprehensive procurement schedule which will include, but not necessarily be limited to, names and
locations of all manufactured and / or fabricators of materials, plant and / or equipment, scheduled
fabrication or manufacturing runs, scheduled packaging, shipping, docking and clearance dates,
intended means of shipment (road, rail, air, sea) and the name and shipping details of each vessel,
vehicle, aircraft etc. to be utilized in shipping items for the project.
c) This programme should be presented in the form of a bar chart or a series of a bar charts
supported by duration, start and finish dates and amount of float, resulting from the critical path
analysis of the network for the whole scope of works. A precedence network will also be supplied to
support and explain the bar chart(s).
d) In addition to indicating the essential relationships between each element or task of the
programme, this programme will also clearly identify the relationship between the end of each
procurement string (i.e. delivery of the work site) and commencement of the related installation or
construction activities.
e) In consideration of the risks inherent in shipping, the procurement programme shall also
identify sufficient time periods for the unpacking and checking of delivered materials in
addition to sufficient contingency to mitigate the effects of the type of event or series of events that
an experienced contractor should anticipate.
18.3 The Construction / Installation Programme
a) The Contractor shall prepare a programme which will clearly identify the intended sequences,
duration and relationships for all activities required for the execution of the Works. This programme
shall be presented in the form of a bar chart or a series of bar charts, supported by duration, start and
finish dates and amount of float, resulting from the critical path analysis of the network for the whole
scope of work. A precedence network diagram shall also be supplied to support and explain the bar
chart(s), showing all dependencies between activities.
b) The construction programme shall include all testing and commissioning requirements, the
provision of deliverable documents prior to completion and will make due allowance for snagging. The
key dates for handover of stages of the work are to be shown.
c) It is essential when developing this programme, that the Contractor takes into account the
requirement that all related design submissions, material submission and method statements must have
achieved a suitable status before the associated element of the work may commence.
d) This programme shall also identify all items of information and working areas which
the Contractor requires, the time that they are required and the elements and tasks within the
programme that the Contractor considers will be affected and how they will be affected by the
provision of such information and working locations.
e) This information should clearly identify the phases of work

18.4 The Overall Programme
a) The Contractor shall summarize the three programmes (design, procurement and construction)
into a single programme at the level of detail above that described in the individual programmes. This
shall be considered the summary level for monitoring and reporting purposes.
b) The overall programme shall be presented in the form of a bar chart and shall be broken down
to micro level.
c) The overall programme shall also be provided in the form of a precedence network, which will
clearly identify all relationships and dependencies at the most detailed level of programme.
d) The overall programme shall indicate the means by which the Contractor intends to achieve
any interim milestone or handover dates required by the Contractor.
e) The Contractor shall take sufficient care in moving his plants, equipment from one place to
another so that they do not cause any damage to any person or to the property of the Developer or any
third party including overhead and underground cables and in the event of any damage resulting to the
property of the Developer or to a third party during the movement of the aforesaid plant, equipment,
the cost of such damages including eventual loss of production, operation or services in any plant or
establishment as estimated by the Developer or ascertained or demanded by the third party, shall be
borne by the Contractor.
18.5 Updating of Programmes
a) The overall programme shall be marked-up at the end of each month to show progress to
month end.
b) In the event of slippage of any activities, report to be prepared giving detailed proposals for
full recovery during the coming month together with a recovery programme detailing at the measures
taken by the Contractor to achieve the same.
c) The marked-up programme and recovery proposals / programme (if applicable) to be

submitted by the first working day of the month to the PMC.
19. Record Keeping

The Contractor shall furnish and deliver to PMC a series of progress photographs taken of the works as
follows:
 On first day and sixteenth day of each month, until the work is complete, 12 (twelve) colour
photographs of works to be taken from points selected by the PMC showing as much as possible of the
work installed or completed during the previous month.
The Contractor shall be responsible for all the costs related to production of monthly progress
photographs.
The Contractor shall submit Daily progress reports, Weekly progress reports and Monthly progress
reports as required by the PMC.
20. Handover From or to Other Trade Contractors

The Contractor must prepare a handover document for taking over, or handing over of finished surfaces
from / to other Trade Contractors.

The Handing Over documents must be signed off by authorized Representatives of both the relevant
Trade Contractors. No claims on incomplete works will be entertained after completion of Handover.
Works or deficiencies in works executed by the other Trade Contractor will be entertained.
21. Minimum Plant & Equipment to be deployed – Not Applicable

 (RM 800) Batch Mixer- 1no.
 Material Hoist – Not Required
 Bar Bending and Cutting Machines- 1no each.
 Tough Riders- 1no.
 JCB- 1no.
 Poclain- 1no.(for excavation)
 Dewatering Pumps-adequate number of pumps shall be deployed to ensure continuous
dewatering process.
 Vibrators and needles – as per site requirements.
 Curing Pumps - as per site requirements.
 Portable DG sets of required capacity – As per site requirement .
 Surveying instruments like Total Stations- 1nos and 1no. of Dumpy (Auto) level.
 Tower Crane
All the equipment should be in good working condition throughout the duration of the project.
Further the site shall be fully equipped along with plant and equipment as per site requirement.
However, the PMC has the full authority to ask contractor for deployment of additional machinery, if
the same is needed for achievement of agreed progress.
22. Quality and Safety Assurance

22.1 It is contractor‟s responsibility to ensure compliance of Quality and safety Standards as
stipulated in Tender Document during execution. For this purpose, contractor shall have appropriate
quality assurance organization and depute personnel with requisite qualifications to carry out
inspection/Quality Surveillance for the entire work carried out at site. Developer also reserves right to
appoint third party inspection & certification of work independently as required.
22.2 Contractor shall prepare a checklist for all the activities & get approved from Engineer In
Charge & obtain corresponding approvals of Architect/Consultant/Engineer In-Charge prior to
commencing any works.
22.3 All Machineries/Equipment/Tools to be deployed by the contractor for the work shall be in
good condition, well maintained & shall not pose any kind of safety concern.
22.4 Maintenance records shall be submitted by contractor to Engineer-In-Charge for approval.

Their operations should be vibration less & shall not produce sound in excess of 55 DB.
22.5 Spread of dust caused during execution shall be kept minimal by spraying water at all times &
other suitable means to the approval of Engineer-In-Charge.
22.6 Prior to commencing any activity, contractor shall ensure that the area is cleared of existing
services & barricading is in place. Contractor shall also ensure that all necessary approvals, permissions
from Operation/Facility team are in place.

22.7 Care shall be taken by the contractor to ensure that debris do not fall upon the existing
barricading.
22.8 Contractor shall arrange for First Aid Kit & sufficient Fire Extinguishers of all types near work
areas. Contractor shall also have Tie-Up with nearby medical clinics/Hospitals to cater to any
Injury/Accident. Contractor shall submit necessary correspondence documents prior to starting the
works.
22.9 No Staff, worker is allowed to enter the working area without PPE equipment.
22.10 Necessary warning signs shall be installed by the contractor nearby work areas.
22.11 Contractor‟s Staff shall take necessary gate pass in the format as stipulated by Developer‟s
Operation team before carrying out the work.
22.12 Contractor shall make arrangement for safety & security of their Office, Material & Equipment
& Developer shall not be held responsible for any theft, damages to Office, Material, and Equipment
etc.
22.13 Contractor needs to submit their Quality & Safety Policy before commencement of work.
22.14 Contractor shall provide safe working platform with guide rail, safety net on front & rear side
of proposed building to protect any fall of material below. Width of the platform shall extend by at
least 2 meter beyond the maximum projection as per Architectural/Structural drawing.
22.15 Please also refer safety manual as attached in Tender document.
23. Unloading, Storage & Security of Developer Supplied Material at Site

23.1 Developer supplied material unloading at site shall be done by Contractor at his own cost.
23.2 Contractor shall arrange loading/unloading, handling; site transportation for materials covered
under this Contract and shall also arrange suitable storage and preservation of the items at site at own
cost till completion of the work and shall also arrange necessary watch and ward etc. at your cost till
handing over the facilities. Further, the responsibility for care and custody thereof together with the
risk of loss or damage thereto shall remain with contractor till the completion of project and handing
over.
23.3 Contractor shall take all necessary precautions against any loss, deterioration or destruction of
the materials from whatever cause arising whilst the said materials remain in your possession and
custody.
24. Reconciliation
Contractor shall submit reconciliation statement for all the Developer supplied materials along with
milestone invoice / monthly basis whichever is earlier with all supporting documents as required by
company.
If the wastage of Developer supplied materials more than the permissible wastage, the same shall be
recovered from the Contractor with additional 10% above the actual cost of materials.
25. Environmental Protection

25.1 Environmental Control
 Contractor shall not remove existing trees or shrubs, cut fences, water, sewerage or power
lines or services without the prior approval of the Developer.

 Existing drainage patterns through or into any preservation area should not be modified unless
specifically directed by the landscape architect/architect/engineer-in-charge.
 Existing grades of soil should be maintained around existing vegetation. Lowering or raising the
levels around the vegetation should not be allowed unless specifically directed by the landscape
architect/architect/engineer-in-charge.
25.2 Existing Flora

 Damage to roots should be prevented during trenching, placing backfill, driving or parking
heavy equipment, dumping of trash, oil, paint, and other material detrimental to plant health. These
activities should be restricted to the areas outside of the canopy of the trees.
 Trees should not be used for support; their trunks should not be damaged by cutting and
carving, by nailing posters and advertisements or in any other way.
 Lighting of fires or carrying out heat or gas emitting construction activity within the ground
covered by canopy of the tree should not be permitted.
 Young trees or saplings identified for preservation within the construction site must be
protected using tree guards of approved specification.
25.3 Sanitation Safety/Safety Facilities Sanitation/Safety Facilities for Construction Workers

 Comply with the safety procedures, norms and guidelines (as applicable) as outlined in NBC
2005 (BIS 2005c).
 Adopt additional best practices and prescribed norms as in NBC 2005 (BIS 2005).
 Provide clean drinking water to all workers.
 Provide adequate number of decentralized latrines and urinals to construction workers.
25.4 Water Efficiency – Not Applicable

 Curing chemicals should be sprayed on concrete structures and free flowing water should not
be used for curing.
 After curing on the first day, all concrete structures should be painted with curing chemicals.
 Water should be sprayed on concrete structures after covering them with cloth/gunny bags.
 Ponds should be made using cement and sand mortar to avoid water flowing away from the flat
surface while curing.
 Water ponding should be done on all sunken slabs.
25.5 Soil Erosion and Sedimentation Control – Not Applicable

Adopt such measures as necessary, including the following:
 Staging of operation (e.g. clearing).
 Progressive restoration of disturbed area.
 Topsoil should be stripped to a depth of 20 cm from the areas proposed for buildings, roads,
paved areas, and external services and stored plus preserved in a stockpiled to a height of 40 cm in
designated areas.
 Temporary grassing or other treatment such as contour ploughing to disturbed areas.
 Provision of silt traps to prevent the transportation of scoured materials to downstream areas.
 Temporary Drainage channel should be made for collecting drainage water run-off from
construction areas and material storage sites and diverting water flow away from such polluted areas.
 Diversion of concentrated flows to points where it can be discharged through the site without
causing any damage to the site.
 Spreader banks or other structures to disperse concentrated run-off.
25.6 Construction Waste Management

 Segregate waste during construction on site into inert, chemical or hazardous waste.

 Inert waste should be disposed off site at a place directed by the PMC/Developer for the
municipal corporations/ local bodies to dispose at landfill sites.
 Recycle the unused chemical/ hazardous wastes such as oil, paint, asbestos etc.
 Contaminated material and hazardous wastes like pesticides, paints, cleaners, and petroleum
products should be separated and contain safely in the constructed area.
 Contractor to dispose of solid, liquid and gaseous contaminants in accordance with the
statutory and contractual requirements and as directed by the PMC/Developer.
25.7 Air Pollution

 There should be adequate water supply/storage for dust suppression on site.
 Water should be sprayed at regular interval to suppress the dust during construction activity.
 Devise and arrange methods of working and carrying out the work in such a manner so as to
minimize the impact of dust on the surrounding environment
 Clear vegetation only from the areas where work will start right away
 Limit vehicular speed on-site to 10 km/h when construction is in progress.
 Water should be sprayed on any dusty materials before transferring, loading, and unloading
 Spray water in areas where demolition work is being carried out .
 Water should be sprayed in areas where excavation or earth-moving activities are to be carried
out.
 Washing bay to be provided for Trucks/ any vehicle carrying loads out of the site.
25.8 Noise Control

 Contractor to take all practical steps to minimise noise resulting from the works. Fit all
construction plant and equipment with noise suppressors as recommended by the manufacturer.
25.9 Vibration Control

 Contractor to take all practicable precautions to minimise the transmission of vibration to
adjacent structures resulting from the construction of the works.
25.10 Staging – Not Applicable

 Staging should be done to separate undisturbed land from land disturbed by construction
activity and material storage.
 The staging areas separate the construction site from non-constructed/undisturbed areas.
Absence of barricades in active construction zone is an unacceptable practice as per GRIHA regulations.
Staging areas should be well defined with the help of temporary barricading. The construction
materials such as steel, aggregates, bricks, etc. should be stored in the staging areas in systematic
manner and be separated from each other.
 The staging areas/construction areas should be barricaded to prevent spilling of contaminated
areas.
CONTRACT DATA
Contract Data Page 101 of 291 Seal & Signature of Bidder

CONTRACT DATA
CLAUSES OF INSTRUCTIONS TO BIDDERS (ITB)
Sub-Clause of
Clause Data
ITB
The Scope of Work of Proposed Bungalow‟s Project – 12 Nos Each with

“1 Level Basement + G + 2 Storied Bungalow at Aravalli, Shela,
Ahmedabad” for Nishant Construction Private Limited consists of
Waterproofing Works such as but not limited Supply, Application &
Testing of Waterproofing Works as mentioned in the Bill of
quantities, technical specifications and shown in the drawings
forming part of this tender and all ancillary/associate Waterproofing
Scope of Work 2.1
works for successful completion of the project and is illustrated and
defined by the Specifications and the Price Schedules herewith
attached and by Drawings. If the Contractor shall find any
discrepancy in or divergence between the Contract Drawings and/or
the Contract Bills he shall immediately give to the Developer a
written notice specifying the discrepancy or divergence and the
Developer shall issue instructions in regard thereto.
Ratnaakar Aravalli,
Site Address 1.3
Behind Apple Woods Villas,
SP Ring Road,
Shela, Ahmedabad - 380058
Earnest Money
20.0 Not Applicable
Deposit
Type Of Contract 7.1 Item Rate
Validity of Bid 18.1 120 days
CLAUSES OF GENERAL CONDITIONS OF CONTRACT
Sub-Clause of
Conditions Data
GCC
Developer‟s Name Opp. Rahul Tower,
1.1.(w)
and address
Synergy Property Development Services Private Limited.
PMC‟s name and 406 Kailas Corporate Lounge,
1.1.(y)
address Veer Savarkar Marg,
Vikroli (W), Mumbai-400 079
Governing Law 5.1 Republic of India

Sub-Clause of
Conditions Data
GCC
Ruling language /
Language for 3.4 English
communications
Organogram 24.1 7 Days from the Issue of LOI or Work Order whichever is earlier
Work Programme /
24.2 15 days from the Issue of LOI or Work Order whichever is earlier
Schedule
Date of
Commencement of 12.1, 15.4 From date of issue of LOI or Work Order (WO) whichever is earlier.
Work
Time for Completion 12.1,15.4,32.1 09 Months from the date of Commencement of Work.
Defects Liability 12 months after completion of entire scope of works and Issue of
1u, 33.1,
Period Completion Certificate issued by the Developer.
Communication / Letters on letterhead by post, courier, or hand delivered duly
4.1
Notices acknowledged at the PMC‟s name and address.
Contractor can work on all working days from 08:00 am to 08:00 pm
with enough light and safety precautions with due notice to
Developer. Any work requiring consumption of cement shall not be
done on Holidays and Sundays without prior permission from the
Developer. All works shall be commenced after a minimum notice
period of 24 hours to the Developer. Contractor shall not undertake
Working Hours 12.3
any construction activities during night times and holidays, which
generates sound enough to disturb occupants residing in neighboring
building. Contractor shall settle all issues with complaints so that
progress of work is not affected without causing any expenditure and
/ or any other problems, whatsoever including legal to the
Developer.
Five (5) % of contract Price in the form of Bank Guarantee from a
19.1.1, nationalized / Scheduled (excluding any co – operative) bank in
favour of Developer, as per approved format, valid till the issue of
Performance completion certificate from Developer.
Security
The B.G. shall be submitted within 15 days of date of Issue of Work
19.1.2 Order.
Proforma: Volume I/Section 6/Form 4
32.2
0.5% of Contract Sum per week or part thereof for final completion.
Liquidated Damages 34.3
Maximum up to 5% of Contract Sum.
34.4
The quoted price shall be inclusive of all applicable taxes, duties,
levies, central /state/local body taxes, insurances and other charges,
Taxes and Duties 20
all types of cess, Excluding labour cess, educational cess etc., stamp
duty, octroi, royalty, only GST shall be paid extra as applicable.
The mobilization advance of 5% of Contract Sum shall be paid against
submission of Bank Guarantee of equivalent amount in the approved
Interest free format as per Volume I/Section6/Form 5
Mobilization advance 18.2 The mobilization advance shall be paid in two stages:
payment
1. 2.5% after submission of Bank Guarantee.
2. 2.5% after full mobilization.

Sub-Clause of
Conditions Data
GCC
The mobilization advance amount paid will be recovered from Third
Running Account Bill (2nd RA Bill) and shall be completely recovered
till 80% of Completion of Works.
(Proforma: Volume I/Section 6/Form 5.
Period of submission
and Minimum RA bills shall be submitted by Contractor once in a month along with all
18.3.1
amount of R.A. ( supporting documents and certified measurement sheet.
Interim) Bill
Period of honoring
Certificate of Payment shall be released in 21 working days from the submission of
18.3.5
Contractor‟s Interim invoice along with correct and necessary documents to PMC/Developer.
Bill
Retention Money, at the rate of 5% (Five Percent) of the gross amount

of each Interim application of payment and also from all payments
Percentage of
19.2, approved and due to the Contractor shall be deducted up to a
Retention Money
maximum of 5% of the Contract Sum. The Retention money shall not
bear any interest.
Retention money will be released after expiry of Defect Liability
Return of Retention Period after the deduction of amount (if any) paid by the Developer
19.2, to the other agency for non-compliance in Defect Liability period.
Money
Currencies of
18.1 The amount payable is in Local Currency only i.e. in Indian Rupees
Payment
Basic Rate & Wastage

Not Applicable
allowance
The Bidder / the successful Contractor shall note that this Contract
does not provide for any Price Adjustment Clause and he shall take
Escalation 17.4
into account while working out the rates, any price escalation on any
account till the completion of entire scope of works
Period of Final Within 1(one) month from the date of completion of Works along with
Measurement / Final 18.8.1 submission of necessary supporting documents cumulative
Bill submission measurements sheets/reconciliation statements certified by the PMC.
Certification of Final Within 1(One) months from the date of submission of Final bill
18.8.2
bill by PMC subject to submission of all supporting documents as required
Payment of Final bill Within 1 (One) month from the date of Certification of Final bill by
18.8.2
by Developer the PMC.
Rate of Interest for

- Nil
delayed Payment

Sub-Clause of
Conditions Data
GCC
Contractor shall arrange weekly site progress, review meeting between
Contractor‟s Project Manager and Developer Project team.
Progress Review
15.27.4 Contractor shall arrange site progress meeting in first week of every
Meeting
month between Top Management of Contractor and Developer to
review the progress of work.
 Water: Developer will provide construction water from bore
well at one point source free of cost. However, distribution to
respective locations to be arranged by the Contractor including
operation and maintenance of the bore well at his cost. In event of
break-down or non-availability of water from bore well, contractor
has to make an alternative arrangement for water so that the work
progress shall not be affected and the cost for the same shall be
reimbursed at actual along with RA Bill.
Drinking water shall be arranged by the Contractor for Labour camp,

Water and Electricity 15.27.14 Site Office, etc as required.
 Power: Electricity shall be provided by Developer at one

point free of cost. It shall be Contractors responsibility to make
necessary arrangements for distribution as required at his cost. The
electrical scheme shall be approved by the PMC before
commencement of any work.
In case of power failure, the contractor shall make his own

arrangements for power generators and consumables like diesel etc at
his own cost, so that the work progress shall not be affected.
Contractor should take following Insurance:
 Workmen Compensation Insurance
Insurance 40.0
 Third Party Liability Insurance
 Contractor‟s All Risk Policy (Developer Scope)
Quantity variation will have no ceiling limit in respect of individual
items and individual quantities can vary to any extent. Such variations
shall not warrant any claims for modifications to already quoted and
accepted rates. However variation to the value of total contract sum
Variation in Scope of
45.3 can vary to the extent up-to Plus (+) or minus (-) 25% without
Work
warranting change of rates. Extra items shall not be considered while
working out the above variation limit. In case the total value of
contract varies in excess of the above limit, rates of only the variation
items will be re-considered based on actual impact.

Sub-Clause of
Conditions Data
GCC
The Contractor shall provide and install all necessary hoists, ladders,
scaffolding, tools, tackles, plants, concrete weigh batcher, Tower
crane dewatering equipment, shoring, strutting etc., all transport for
labor, materials and plant necessary for the proper carrying on
execution and completion of the work to the satisfaction of the
Developer and supports, scaffolding and use of standing scaffolding and
all other equipment etc. If in the opinion of Developer, additional
mobilization of Plant & Equipment, Machinery, Scaffolding etc., The
Plants & Equipment 15.27.2 Contractor shall provide additional equipment etc. within a reasonable
time at no extra cost to the Developer.
Contractor to bear all operation and maintenance cost to maintain all
plant and equipment in good working condition.
All necessary permits required from the local / relevant authorities
shall be taken by the Contractor before erection of any plant /
equipment. The permit shall be submitted to Developers office for
reference. Fee or any statutory charges including incidental charges
incurred during getting such permits shall be borne by Contractor.
When any instruction or decision given at site involves extra work or

where the Contractor may plan to claim an extra, it shall be the
responsibility of the Contractor to inform Developer of the extra
amount and get written authorization from the Developer and or the
Developer before proceeding with the work involved.
Within 30 days after receiving a claim or any further particulars
supporting a previous claim, or within such other period as may be
Extra Work 18.5, 45.2.3 proposed by the Developer. Developer shall respond with approval, or
with disapproval and detailed comments. The contractor shall
produce all backup documents and detail rate analysis to justify his
claim
 The sum of (landed cost of material or plant with tax and
labour charges) plus 10 % of the above sum as overhead and profit
which will be inclusive of insurance, BG, water, power,
infrastructure facilities, amenities, supervision etc.
The Contractor shall not employ / use child labour.
All rules and regulations of Labour Department, Contract Labour
Labour Laws 15.19 Laws, Provident Fund & ESI and connected laws, Workmen
Compensation, Insurance etc., and all other laws of the land are to
be complying by the Contractor within the quoted rates Taxes and
levies.
The Contractor‟s QA / QC program shall be in line with Developer‟s
Requirements. Developer reserves the right to recommend changes /
Quality Assurance / alternations / addition and / or deletion to the same and Contractor
15.23
Quality Control shall be obligated to abide by the same. The Contractor shall submit
project specific QA / QC programme and manual as a part of
Technical Bid for the approval of Developer.
The Contractor shall strictly comply with the Health, Safety &
Environment Programme as per Appendix- A in Section 5. The
Contractor shall keep the Developer fully indemnified against any
Health, Safety and
claims or liabilities arising out of Contractor‟s lapse in safety
Environment 15.21
practices.
Programme
The Contractor shall take full responsibility for the adequacy,
stability and safety of all Site operations, of all methods of
construction and of all the Works, irrespective of any approval or

Sub-Clause of
Conditions Data
GCC
consent by the Developer.
Experienced Safety Officer with adequate number of supporting
personnel shall be appointed for full time on the Site during the
execution of the works by the Contractor.
Security of the entire Project Site, from the date of taking possession
of the Site from the Developer through execution of the Contract will
be the responsibility of the Contractor.
The Contractor shall make his own security arrangements to guard the
Site and premises at all times, at his own expense. The security
Security 15.27.8 arrangements shall be adequate to maintain strict control on the
movement of equipment, material and labour. The Contractor shall
extend the security arrangements to guard the material stored and/or
fixed on the premises by the Subcontractors.
The Contractor shall be responsible for keeping un-authorized persons
off the Site.
The Contractor shall be required to maintain the site, works and

surroundings in a neat and orderly manner, free of accumulating
debris, haphazard stacking of materials, unhygienic and unsafe
environment, cleaning of the site at all levels inside and outside,
removal of unwanted materials, packing cases etc. shall be
undertaken at least once on daily basis. The Contractor shall
nominate the Safety Officer to be responsible for housekeeping.
Housekeeping 15.27.13
Unwanted material and debris shall be carted away from site and
disposed off on a daily basis outside the premises at a place directed
by PMC/Developer.
If in the opinion of Developer that the House keeping is not carried
out to acceptable standards, then the Developer have the right to
engage an outside agency for the same at the cost & risk of the
Contractor.
Contractor guarantees to make sure that the cleanliness of the site
Beautification & including the compound, labour camp and the sanitary blocks of
15.27.13
Cleanliness of site visitors, engineers, staff and labour to be clean on hourly / daily basis
to maintain the hygiene level.
Contractor should submit the following documents at the time of
Tender Submission:
 Covering letter if any ( No cost details to be indicated)
 Power of attorney document for the signatory
 Sales Tax clearance certificate
 Registration of company / partnership from the Registrar of
Documents to be companies – Certification of incorporation
submitted at the  Methodology, Quality Assurance and Quality Control Plan
time of Tender
 Procurement of various Equipments
Submission
 Material Procurement Schedule
 Manpower Schedule
 Cash Flow
 Contractor Site management plan
 Time Schedule, Milestone Chart (Bar Chart)
 Schedule for Tax and Duty on Material

Sub-Clause of
Conditions Data
GCC
 EMD in the form of BG
 Technical Leaflets for all Services Components and Equipment.
Contractor should submit the following after issue of Work Order :
 Mobilization Advance BG
 Performance Bank Guarantee
 CV of Key personnel
Documents to be  Non-Disclosure Agreement
submitted after issue  Declaration / undertaking by the contractor of statutory rules and
of LOI / Work Order regulations
 Letter of compliance and confirmation of consideration
 CAR/EAR Policy including third party liability
 Workmen Compensation Policy
 Copy of all licenses regarding labour laws and labour welfare.
CLAUSES OF SPECIAL CONDITIONS OF CONTRACT
Sub-Clause of
Conditions Data
SCC
Time is the essence of this Contract and hence the completion date
stipulated above shall be strictly adhered to. However, in case of
delay, for each day of delay beyond the specified time schedule , the
Contractor shall be liable to pay a penalty as below
 For each day beyond 7 days - @ 0.08% per day of the Contract
Penalty 12
Sum from the agreed time schedule till 15 days
 For days exceeding 15 days - @ 0.5% per week
 Maximum penalty shall be 5% of the Contract Sum
This penalty will be reviewed & levied at once a month for particular
milestone. If the delay is recovered in the subsequently, the deducted
penalty shall be refunded to the Contractor
Contractor shall submit reconciliation statement for all the Developer
supplied materials along with milestone invoice / monthly basis
whichever is earlier with all supporting documents as required by
company.
Reconciliation 27
If the wastage of Developer supplied materials more than the
permissible wastage, the same shall be recovered from the Contractor
with additional 10% above the actual cost of materials.
The payment shall be made as below:

 90% after laying on prorata basis
Interim Payment  10% after completion of entire scope of work and Final handing
over
The Developer shall make payment to the Contractor within 21 (Twenty
One) working days from the date of submission of bill.

Note: 5% Retention Money shall be deducted from each Running Bill.
Final Bill Payment

Within 21 days of receipt of the Final Bill with all necessary documents,
the Engineer-in-charge shall certify the bill and forward to Developer
for payment.
The Developer shall make payment to the Contractor within 1 (One)

Month from the date of certification of final bill subject to permissible
deductions.

APPENDIX A
CONTRACTOR‟S HEALTH, SAFETY & ENVIRONMENT PROGRAMME
EHS Page 110 of 291 Seal & Signature of Bidder

CONTENTS
1. INTRODUCTION ................................................................................................................. 112

2. DEFINITIONS / LANGUAGES................................................................................................... 112
3. COMPLIANCE .................................................................................................................... 112
4. HSE TARGETS AND GOALS .................................................................................................... 116
5. AUTHORITIES, ROLES AND RESPONSIBILITIES ............................................................................. 116
6. CONTRACTOR HSE MANAGEMENT ........................................................................................... 118
7. TRAINING AND COMPETENCY ................................................................................................ 121
8. HAZARD IDENTIFICATION, ASSESSMENT AND MANAGEMENT OF HSE RISK .......................................... 122
9. PERMIT TO WORK .............................................................................................................. 123
10. COMMUNICATION ........................................................................................................ 124
11. INCIDENT AND NEAR MISS REPORTS AND INVESTIGATIONS ..................................................... 124
12. EMERGENCY RESPONSE PLAN ......................................................................................... 125
13. HSE PERFORMANCE, MEASUREMENT AND REPORTING ........................................................... 125
14. AUDITS AND INSPECTIONS.............................................................................................. 126
15. ENVIRONMENTAL ISSUES AND EFFECTS ............................................................................. 127
16. HEALTH .................................................................................................................... 128
17. WORK CONDUCTED ON / IN VICINITY OF EXISTING FACILITIES.................................................. 129
18. PROJECT WORKERS‟ ACCOMMODATION / LABOUR CAMP ........................................................ 129
19. ROAD SAFETY ............................................................................................................ 141
20. DEMOLITION AND DISMANTLING ...................................................................................... 142
21. EXPLOSIVE / BLASTING OPERATIONS ................................................................................ 142
22. SLIP, TRIP AND FALLS................................................................................................... 142
23. HSE PROMOTION ......................................................................................................... 142
24. PENALTY .................................................................................................................. 143
25. DECLARATION BY THE CONTRACTOR ................................................................................ 145
APPENDICES
APPENDIX 1 Items to be included in Contractor‟s HSE Plan
APPENDIX 2 HSE Monthly Reports
APPENDIX 3 Monthly Incident File
APPENDIX 4 Environmental Accounting Form
APPENDIX 5 List of Content of First-Aid Box

1. INTRODUCTION
1.1 Scope
This document defines the Health, Safety, and Environmental (HSE) requirements associated with the
conduct of the Contractor‟s scope of work for: 2 Level Basements + G + 13 Storied Residential
Building Ratnaakar Halcyon, Anandnagar, Ahmedabad. The Contractor shall follow and comply with
these requirements in addition to the requirements identified in CONTRACTOR‟S HEALTH, SAFETY
& ENVIRONMENT PROGRAMME.
1.2 Application
These requirements apply to all aspects of the Contractor‟s scope of work for this Contract, including
all aspects conducted by its sub-contractors.
1.3 Purpose
These requirements define principal requirements for Health, Safety and Environment (HSE) matters
during the conduct of the Works / Project.
The objective is to ensure that adequate precautions are taken to avoid accidents, occupational illness
and harmful effects on the environment during construction. Also to assure that satisfactory emergency
planning is undertaken and adequate means are taken to secure Contract objects.
This document:
 Describes the HSE interfaces between the Owner / the Company / Developer and the
Contractor.
 Details the processes by which the Contractor shall manage HSE while carrying out the work as
per the Contract.
 Describes by reference the practices and procedures for HSE Performance.
2. DEFINITIONS / LANGUAGES
In this documents;
 The use of „shall‟ indicates a mandatory requirement.
 The use of „should‟ indicates a guideline that is strongly recommended.
 The use of „may‟ indicates a guidelines that is to be considered.
3. COMPLIANCE
3.1 Company Policy Standards
The works shall be undertaken in accordance with the Company‟s HSE Policy and Management System.

3.2 Mandatory Indian Statutory Requirements

The works shall be undertaken in accordance with all applicable legislations and mandatory Indian
Statutory requirements.
The Contractor shall follow Indian Laws, Acts, Rules, by-laws, standing orders, notifications, and
amendments therein (should not be limited to identified Laws and Rules only);
 Building and Other Construction Work (RE & CS) Act, 1996
 Building and Other Construction Work (RE&CS) Central Rule, 1998
 Indian Electricity Act 1910
 Indian Electricity Rules 1956
 The Explosive Act 1884
 The Explosive Rules 1983
 The Gas Cylinders Rules 2004
 The Central Motor Vehicle Act 1988
 The Central Motor Vehicle Rules 1989
 The Petroleum Act 1934
 The Petroleum Rule 2002
 The Workmen‟s Compensation Act 1923
 The Workmen‟s Compensation Rule 1924
 The Mines Act 1952
 The Mines Rule 1955
 The Liquefied Petroleum Gas (Regulation of Supply and Distribution) order 2000
 The Static and Mobile Pressure Vessels (Unfired) Rules, 1981
 The Water (Prevention and Control of Pollution) Act, 1974
 The Water (prevention and Control of Pollution) Rules, 1975
 The Water (Prevention and Control of Pollution) Cess Act, 1977
 The Water (Prevention and Control of Pollution) Cess Rules, 1978

 The Air (Prevention & Control of Pollution) Act, 1981
 The Air (Prevention & Control of Pollution) Act, 1982
 The Hazardous Wastes (Management and Handling) Rules, 1989
 The Environment (Protection) Act, 1986
 The Environment (Protection) Rules, 1986
 The Batteries (Management and Handling) Rules, 2001
 The Noise Pollution (Regulation and Control) Rules, 2000
 The Bio-Medical Waste (Management and Handling) Rules, 1998
 The Biological Diversity Act, 2002
 The Public Liability Insurance Act, 1991,
 The Public Liability Insurance Rules, 1991,
 The Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996
 The e-waste (Management and Handling) Rules, 2010 (Guidelines)
 Fire prevention and protection system for electrical installations
 National Electric Code : SP 30 (BIS)
The Contractor shall also comply with statutory acts like EPF, ESIC, Minimum Wages Act, etc.
In addition to this the Contractor shall comply with IS codes like;
I.S. CODES ON HSE
SP: 53 Safety code for the use, Care and protection of hand operated tools.
IS: 818 Code of practice for safety & health requirements in electric and gas welding and cutting
operations
IS: 1179 Eye & Face precautions during welding, equipment etc.
IS: 1860 Safety requirements for use, care and protection of abrasive grinding wheels.
IS: 1989 (Part -II) Leather safety boots and shoes
IS: 2925 Industrial Safety Helmets

IS: 3016 Code of practice for fire safety precautions in welding & cutting operation.
IS: 3043 Code of practice for earthing
IS: 3764 Code of safety for excavation work
IS: 3786 Methods for computation of frequency and severity rates for industrial injuries and
classification of industrial accidents
IS: 3996 Safety Code of scaffolds and ladders
IS: 4082 Recommendations on stacking and storage of construction materials and components
at site
IS: 4770 Rubber gloves for electrical purposes
IS: 5121 Safety code for piling and other deep foundations
IS: 5216 (Part-I) Recommendations on Safety procedures and practices in electrical

works
IS: 5557 Industrial and Safety rubber lined boots
IS: 5983 Eye protectors
IS: 6519 Selection, care and repair of Safety footwear
IS: 6994 (Part-I) Industrial Safety Gloves (Leather & Cotton Gloves)
IS: 7293 Safety Code for working with construction Machinery
IS: 8519 Guide for selection of industrial safety equipment for body protection
IS: 9167 Ear protectors
IS: 11006 Flash back arrestor (Flame arrestor)
IS: 11016 General and safety requirements for machine tools and their operation
IS: 11057 Specification for Industrial safety nets
IS: 11226 Leather safety footwear having direct moulded rubber sole
IS: 11972 Code of practice for safety precaution to be taken when entering a sewerage system
IS: 13367 Code of practice-safe use of cranes
IS: 13416 Recommendations for preventive measures against hazards at working place

3.3 International Standards

The works shall be undertaken in accordance with the applicable International Standards and
specifications outlined in the Contract.
INTERNATIONAL STANDARDS ON HSE
Safety Glasses : ANSI Z 87.1, ANSI ZZ 87.1, AS 1337, BS 2092, BS 1542, BS 679, DIN 4646/ 58211
Safety Shoes : ANSI Z 41.1, AS 2210, EN 345
Hand Gloves : BS 1651
Ear Muffs : BS 6344, ANSI S 31.9
Hard Hat : ANSI Z 89.1/89.2, AS 1808 , BS 5240, DIN 4840
Goggles : ANSI Z 87.1
Face Shield : ANSI Z 89.1
Breathing Apparatus : BS 4667, NIOSH
Welding & Cutting : ANSI Z 49.1
Safe handling of compressed : P-1 (Compressed Gas Association Gases in cylinders 1235
Jefferson Davis Highway, Arlington VA 22202 - USA)
4. HSE TARGETS AND GOALS

The Contractor shall strive to achieve the HSE Targets, Goals and Aims for the works;
 Zero Total Recordable Injuries
 Zero Reportable Environmental Incidents
 100% Hazard recording, reporting, and control measures
 100% Incident recording, reporting and investigation
The Contractor must adopt and be involved in the development, implementation and ownership of
these goals.
5. AUTHORITIES, ROLES AND RESPONSIBILITIES

The activities carried out by the Contractor and its Subcontractor shall completely fulfill the
requirements of himself, as well as the authorities, related to avoidance of loss of human life or
health, economic assets, the environment and the Contract object.

This implies that the Contractor shall systematically work to HSE requirements in accordance with
established principles. The Contractor shall ensure management commitment and attention to HSE
matters in all phases of the work. The Contractor‟s organization shall reflect the implementation of
HSE matters as a line responsibility at all levels.
The Contractor shall comply with applicable legislations and ensure that employee working on the
contract object complies with the legislation. If the requirements stated in this document are less
stringent than or in conflict with the country‟s legislation the latter shall apply.
The Contractor has overall responsibility for ensuring that the works planned, organized, performed
and documented in compliance with the Contractor‟s HSE programme. The Contractor is also fully
responsible for coordinating the HSE activities of each Developer (the sub-contractor group and
company) engaged on the works.
The Contractor shall ensure fitness of construction spread (man, material and machine) valid for entire
period of construction activities including:
 Periodic medical health check-up and Firefighting competency certificate for personnel.
 Certificate of fitness for construction equipment e.g. earth moving equipment, etc.
 Stability certificate and Load test certificate for Hoists, Tower cranes, etc.
The Contractor shall ensure that each Developer (including sub-contractor) at the site plans, organizes,
performs and documents their own activities so that (his and other Developer‟s) personnel, the
environment and property are protected in accordance with the HSE Plan.
5.1 Company Site Representatives
For HSE matters, at any site the Contractor‟s point of contact will be with the Company Site
Representative, who will report to the Company Project Manager.
The Company Site Representative shall have a responsibility to;
 Lead by example on HSE performance
 Monitor Site Work and ensure that work is performed in accordance with Approved Contractor
HSE Plan and Operational procedures.
 Advise the Contractor‟s Representative when he/she believes that HSE performance is being
compromised and that „timeout‟ for HSE is warranted.
 Perform formal and informal HSE inspections of the areas on a routine basis.

5.2 Key Roles and Responsibilities

The Contractor shall define the roles and responsibilities of the Contractor‟s Personnel to include
following descriptions.
5.2.1 Contractor‟s Representatives

The Contractor‟s Representative shall;
 Lead by example on HSE performance
 Adopt a philosophy for all personnel for all tasks of „think it through, before you do‟.
 Ensure that all work is performed in accordance with Approved HSE Plans and Operational
Procedures.
 Facilitate communication of HSE issues from the workforce to management and vic versa.
 Direct mobilization and demobilization activities.
 Direct Site Work.
 Lead Job Hazard Analysis (JHA)
 Lead in daily project meetings and lead Toolbox meetings.
 Perform HSE inspections of the work area at regular and agreed frequencies.
 Order operations to cease if he/she believes that HSE performance of the site work is being
compromised and that „time out‟ for HSE is warranted.
5.3 Contractor‟s Personnel

The Contractor shall ensure that its personnel required to:
 Be aware of the Work HSE Goals and Targets understand their HSE obligations and take
responsibility for their own HSE performance.
 Adopt a philosophy for all tasks of „think it through, before you do‟.
 Work in compliance to procedures applicable to their work tasks.
 Stop work and advise their supervisor should circumstances arise which could compromise the
HSE integrity of the existing procedures.
6. CONTRACTOR HSE MANAGEMENT

6.1 On Award of the Contract
The Contractor shall submit a comprehensive Health, Safety and Environment Plan or Programme
manual for approval by the Company prior to start of work. The Contractor shall participate in the pre-
start meeting with the Company to finalize HSE Plans.

This plan may be a bridging document between the Contractor‟s existing HSE system and Company
requirements. The Contractor‟s documents shall describe the Contractor‟s plans managing HSE issues
related to the works. The topics covered in the Contractor HSE Plan shall include, but not be limited
to, those identified in these HSE Requirements.
The Contractor HSE Plan and related documents which affect HSE performance including procedures
and engineering calculations, shall be submitted for Company review a minimum of twenty one (21)
days or as agreed mutually prior to commencement of any work on site to allow for document review
by Company.
Appendix 1 indicates the required contents of the HSE Plan for the works / project site.
6.1.1 HSE Department of the Contractor

The Contractor shall appoint a Safety Officer (SO), Safety Stewards or Safety Representative (SR)
meeting statutory competence requirements, with a minimum experience of five years of safety
management. The Contractor shall ensure that there are adequate HSE personnel on site available
24X7, including holidays. The Contractor shall ensure that the proportion of HSE personnel and the site
workers shall not be less than mentioned bellow;
o Safety steward – One for every 100 workers or part thereof
o Safety supervisor – One for every 500 workers or part thereof
o Safety officer – One for every 1000 workers or part thereof
In addition to the above mentioned requirements, the Contractor shall also follow and comply the
requirements of Annexure E clause 1.3 (a), (b), (c).
6.2 During the Contract

The Contractor shall implement approved Health, Safety and Environment management Plan /
Programme including but not limited to as brought out under 6.1. The Contractor shall also ensure:
 To arrange workmen compensation insurance, registration under ESI Act, third party liability
insurance etc. as applicable.
 To arrange all HSE permits before start of activities (as applicable), like permits for hot work,
working at heights, confined space, Radiation Work Permit, Demolishing / Dismantling Work Permit,
storage of chemical/ explosive materials & its use and implement all precautions mentioned therein.

 To submit, timely, the completed checklist on HSE activities, Monthly HSE report, accident /
incident reports, investigation reports etc. as per the Company requirements. The compliance of
instructions on HSE shall be done by the Contractor and informed urgently to the Company.
 That his top most executive at site attends all the Safety Committee/HSE meetings arranged
by the Company. Only in case of his absence from site that a second senior most person shall be
nominated by him, in advance, and communicated to the Company.
 Display at site office, workplace and prominent locations the list of hospitals, emergency
services available, safety signs like Men at work, Speed Limits, Hazardous Area, and HSE Policy, etc.
 Provide posters, banners for safe working to promote safety consciousness.
 Access, analyze & mitigate the construction hazards
 Carryout audits / inspection at his works as well as sub-contractor works as per approved HSE
plan/procedure/programme & submit the reports for the Company review.
 Assist & cooperate during HSE audits by the Company, and submit timely compliance report.
 Generate & submit HSE records/report as per this specification.
 Apprise the Company on HSE activities at site.
 Carryout all dismantling activities safely, with prior approval of the Company representative.
6.3 During Selection of the Sub-contractor

The contractor shall review the HSE management system of the sub-contractors covering at the
minimum:
 Their past experience from HSE point of view for the type of work being assigned to them
 Their HSE policies & practices and how often they have been reviewed by the Management
 Their HSE track record for the last 5 years highlighting the number of accidents they had, HSE
violations, number of NCRs observed during HSE Audits, etc.
 The qualifications and the skills their safety personnel possess
 Their procedures in place for selecting the petty contractors
 The self enhancement techniques adopted by them towards HSE
 The HSE promotion measures adopted by them
 The type of penalties imposed on them for violating HSE norms

 The incident/ accident reporting and investigating system they have in place
 The measures they adopted for mitigating the contraction hazards
 The type & frequency of the HSE meetings conducted by them
 The type of PPEs they used at construction sites
 The number of HSE audits conducted by them, their type & frequency
 The Fire-fighting and First-Aid facilities they possess
 The induction and training/ awareness programmes they conducted
 The steps taken by them for continual improvement in the HSE system
7. TRAINING AND COMPETENCY

Prior to commencing work, the Contractor shall ensure that all personnel proposed for the work /
project site have been given necessary HSE and job related training required by law as well as training
in the applicable safety policies and procedures.
The Contractor shall maintain all records of Health, Safety and Environment training and of personnel
job competency for the period of Contract.
All Contractor personnel working on site shall have completed Site specific HSE Induction training as
specified.
The Contractor shall ensure that all site personnel are trained (minimum requirement) for;
 Fire Fighting
 First Aid
 Emergency Response Plan
The Contractor shall also ensure that records of these trainings are maintained properly.
7.1 Site Induction

The Contractor shall ensure that all personnel working on Project site receive an introductory briefing
explaining the nature of the work, the hazards that may be encountered during the Project site Work
and the particular hazards attached to their own function within the operation.
All personnel shall be assessed for their understanding of the induction information and will be required
to meet a set level of understanding.
The Contractor shall issue a personnel HSE handbook, which provides information on HSE and
emergency procedures and contacts that all personnel working on contract are required to know. The

Contractor shall ensure that this is distributed and its content introduced to all personnel working on
Project site.
7.2 Competency Requirements

The Contractor shall ensure that all personnel are competent to perform the job activities assigned to
them. In the event that the Contractor is unable to demonstrate the competency of any person whose
activities can directly impact on the Project HSE performance, that person shall be removed from the
site.
7.3 Visitors to Project

The Contractor shall devise the procedures for instructing and guiding Visitors to the Project site. The
Visitors shall be given adequate information on HSE requirements applicable to Project site.
8. HAZARD IDENTIFICATION, ASSESSMENT AND MANAGEMENT OF HSE RISK

8.1 Operational Procedures
All site work shall be performed in accordance with documented operational procedures and where
applicable, with inspection and test plan that have been submitted to Company. The Contractor shall
prepare procedures for all activities which could, in the opinion of the Company, affect the safety of
personnel or equipment and / or affect the environment and shall submit these procedures for review.
The Contractor shall provide equipment that is fit for purpose, complies with all regulatory and, where
appropriate has current certification. The Contractor shall be able to demonstrate its adherence to
these requirements.
The Contractor shall repair, remove or replace any of the Contractor‟s equipment, which in the opinion
of the Company is a potential hazard.
8.2 Job Hazard Analysis

The Contractor HSE Plan shall include procedures for performing Job Hazard Analysis (JHA).
JHAs shall be performed in accordance with the Contractor HSE Plan for all activities, which could
affect the safety of personnel or equipment and / or affect the environment.
JHAs shall identify:
 Any safety environmental affects that have the potential to occur during Project site work.
 The measures to be taken to eliminate, control or mitigate the consequent risk.
JHAs covering all activities shall be held prior to mobilization to the Project site at a time such that
they can be incorporated in the Approved operational procedures.
Supervisory personnel involved I the tasks shall participate in the JHAs. The Contractor shall document
the details of the JHA workshop(s), including the personnel taking part. The completed JHA sheets
(including the resulting actions) shall be maintained and kept for Company review at any time.

Copies of the JHA sheets shall be held on Project site for as long as they remain applicable to the
activities being conducted.
8.3 Hazard Identification and Risk Management During Project Site Work
During daily Project site meetings the appropriate procedures associated with the impending work
activities and the JHAs relating to those procedures are to be reviewed in order;
For them to be reviewed and updated as to that day‟s activities by the personnel performing the tasks
and
To ensure the potential hazards associated with the activities have been understood as well as the
measures to be taken to eliminate, control or mitigate their risk.
Supervisors shall convey to their personnel (via tool box meetings or pep talks) the procedures to be
followed, including hazards and mitigation measures. Supervisors shall ask their personnel whether
they foresee any other hazards that have not been addressed and shall address any concerns raised.
During operations, any person involved may request “Stop Work” for HSE if they consider that HSE
performance is or may be compromised. Where „Stop Work‟ for HSE is requested, action shall be taken
by the Supervisor to resolve the HSE concerns. His may include conducting toolbox meeting, JHAs or
other HSE techniques, prior to restarting the work.
9. PERMIT TO WORK
The Contractor HSE Plan shall include aspects such as the operation of a Permit to Work System,
procedures for Isolation of equipment and Management of Change systems for updating procedures.
The Contractor HSE operational procedures shall maintain a work permit procedure to limit the
hazardous processes and high risks tasks to authorized personnel, who shall be informed of the job
safety analysis and the job specific safety precautions, on issue of a work-permit. The operational
procedure shall spell the validity and authorization requirements of work permit issued under the
procedure.
The Contractor HSE Plan Permit to Work system shall include, but not be limited to, those identified
bellow;
 Safe Work Permit (SWP)
 Hot Work Permit (HWP)
 Height Work Permit
 Permit required Confined Space Work Permit
 Lock-out and Tag-out Permit

10. COMMUNICATION
10.1 Site Meetings
The Contractor‟s Representative shall convene daily meetings with the Company Site Representative,
Contractor‟s supervisory personnel (including Site operational staff and HSE staff) to plan and
coordinate the day‟s activities. The meetings shall be minuted. Where feasible, both persons occupying
a position and working back-to-back shifts shall attend these meetings. These meetings shall:
 Review progress on incidents, near misses and hazards that have been reported.
 Identify and agree implementation of any lessons, equipment or operational changes which
may arise from incident or hazard reports.
 Identify the procedures applying to the next 24 hrs work and manage any changes required to
them.
10.2 Daily Log and Report

A daily log of all HSE activities including Health, Safety and Environmental incident, inductions, JHAs,
toolbox talk meeting, other safety initiatives and any other major HSE items shall be recorded and
maintained by the Contractor. The daily log will be available to the Company at all times. At the end of
the Project site work a copy of the log shall be submitted to the Company.
10.3 HSE Committee

The Contractor will facilitate the effective operation of a Site HSE Committee conducted in compliance
with relevant regulatory requirements.
(The Contractor shall follow requirements identified in Annexure E Pt. 1.4(b) for compliance of
the contract).
10.4 Safety Plot Plans

The Contractor shall prepare safety plot plan for the site and for the contract object, showing escape
ways, mustering stations and the location of firefighting and first aid equipment. The plot plan shall be
kept updated and be posted at all main entrances on each level of the works site.
10.5 Display Management

The Contractor shall display HSE awareness, discipline and instruction display boards at a prominent
locations at work site.
11. INCIDENT AND NEAR MISS REPORTS AND INVESTIGATIONS

The Contractor shall report on and investigate any incident near miss or hazard occurring at the Project
site in accordance with the procedure in the Contractor HSE Plan. An Incident Report pro-forma is to be
included in the Contractor HSE Plan and shall be used on site f and incident or near miss occurs.

The Contractor‟s incident reporting procedure shall include the following notifications;
 The Contractor‟s Representative shall notify the Company immediately an incident or near
miss occurs (after having first ensured, safety of personnel and equipment).
 The Contractor‟s Representative shall provide the Company with a written Incident Primary
Investigation Report within 12 hours of the incident or near miss occurring.
Owner‟s normal response to such an incident is:
 The Company Project site Representative will verbally notify the Company Project Manager of
an incident necessitating medical treatment (i.e. treatment extending beyond first aid) or an
environmental incident as soon as possible but within four (4) hours of the incident occurring.
 The Company Site Representative will fax or e-mail the Contractor‟s Incident Report to the
Owner Project Manager within 15 hours of the incident occurring.
 The Company will determine if there is a requirement to report an incident to Authorities.
12. EMERGENCY RESPONSE PLAN

The Contractor shall prepare an Emergency Response Plan for all work sites as part of the Contractor
HSE Plan.
The plan shall integrate the emergency response plans of the Contractor, and all involved
subcontractors. The Emergency Response Plan shall detail the Contractor‟s procedures, including
detailed communications arrangements, for dealing with all emergencies that could affect the Project
site. This include where applicable injury, sickness, fire, fuel or chemical spillage, severe weather and
search and rescue.
13. HSE PERFORMANCE, MEASUREMENT AND REPORTING

At the conclusion of the works at any site, the Contractor shall provide the Company Site
Representative with a report of the performance against the Project HSE Targets.
All progress reports are to include HSE issues, performance against targets and activities.
13.1 Monthly Reporting

As part of regular monthly reporting, the Contractor shall provide a monthly report with a summary of
reported incidents. The report for the month shall be forwarded to the Company not later than 5th day
of every subsequent (next) month, unless otherwise instructed by the Company.
 Number of Incidents
o Total numbers of Incidents
o Occupational injury (total number)

o Environmental incidents
o Fires & Explosions
o Production loss
 New cases of Occupational illness
 Lost work days due to injury / accident
 Total working hours in construction activities
Accident all reported fires and explosions and occupational illness shall be listed, together with the
corrective and preventive measures as a part of the HSE report. The forms shown in Appendix 2 and 3
or similar (after approval from the Company) shall be used.
In addition, the monthly report shall give a summary of site HSE related activities during the month
such as Audits, Inspections, HSE motivational activities and training, etc. The Contractor shall maintain
record of all restricted work cases and report it in monthly report. The Contractor shall also measure
the compliance with established HSE goals and report in monthly report.
The Contractor shall follow and comply these requirements in addition to the requirements identified
in Annexure E: Clause 6.13.
13.2 Occupational Sickness Leave Report

The Contractor shall submit Occupational sickness leave cases (sick leave cases arising due to project
work) in monthly report.
13.3 Environmental Accounting Report

The Contractor shall quarterly submit Environmental Accounting Report. This report shall show the use
of hazardous substances and disposal of special waste. The Contractor shall use Appendix 4 for
reporting Environmental accounting report.
14. AUDITS AND INSPECTIONS

14.1 Audits
The formal audits by the Company will be undertaken and the Contractor shall provide full cooperation
in these audits.
In addition, the Company Site Representative will monitor the Contractor compliance with the
Contractor HSE Plan, operational procedures and set objectives and targets. In the event of breach of
the Contractor HSE Plan, operational procedures, the Company Site Representative will order the
penalty (as per clause 24 of Annexure E-1) and or cessation of Site Work and will formally issue a
corrective action request. The Site work may re-commence when it is safe to do so and when an action
or process to achieve compliance has been agreed by the Company Site Representative and the
Contractor.

Audits instigated by the Contractor are encouraged and the Company may elect to participate if
invited.
14.2 Inspections
The Contractor shall establish a HSE Inspection Plan to ensure safe working conditions and compliance
with rules and regulations. The HSE Inspection Plan shall identify participants and frequencies. Line
management and HSE representative shall participate, and regular participation by site middle and top
management shall be ensured.
Daily and Weekly inspections are recommended, the other inspection frequencies may be chosen as and
when appropriate.
The Company has right to participate in the inspections or instigate an inspection for a particular
purpose or the Company can call for surprise inspections and or audits.
The Contractor shall initiate the proper follow-up of inspection findings and shall ensure that the
corrective preventive actions are taken. The Contractor shall record the findings and corrective
preventive measures taken and maintain the records.
15. ENVIRONMENTAL ISSUES AND EFFECTS

The Contractor is required to investigate the environmental effects and issues arising from the Project
Works and to identify these and any mitigating actions are required to be included in the Contractor
HSE Plan for the work.
The Contractor shall describe the Waste management strategies for all aspects of Project in the
Contractor HSE Plan. The Company Site Representative will monitor implementation of environmental
aspects of the Contractor HSE Plan for compliance.
The Contractor shall ensure proper storage and utilization methodology of materials that are
detrimental to the environment. Where required, Contractor shall ensure that only the environment
friendly materials are selected and emphasize on recycling of waste materials such as metals, plastics,
glass, paper, oil & solvents. The waste that cannot be minimized, reused or recovered shall be stored
and disposed of safely. In no way, toxic spills shall be allowed to percolate into the ground. The
contractor shall not use the empty areas for dumping the wastes.
The contractor shall strive to conserve energy and water wherever feasible.
The contractor shall ensure dust free environment at workplace by sprinkling water on the ground at
frequent intervals. The air quality parameters for dust, poisonous gases, toxic releases, harmful
radiations, etc. shall be checked by the contractor on daily basis and whenever need arises. A record of
the same shall be maintained.
The contractor shall not be allowed to discharge chemicals, oil, silt, sewage, sludge and other waste
materials directly into the controlled waters like surface drains, streams, rivers, ponds. A discharge

plan suggesting the methods of treating the waste before discharging shall be submitted to the
Company for approval.
16. HEALTH
16.1 Provision of First Aid
The Contractor shall provide first aid facilities and qualified & trained first aid personnel in accordance
with the applicable legislative and guidance requirements.
The Contractor shall provide fully equipped first aid medical facilities on project and shall ensure that
qualified medical practitioner and adequate numbers of first-aiders (persons who can administer first
aid) are available on site 24X7 hrs including religious and national holidays. First-aiders' names shall be
prominently displayed.
Along with the medicines and equipment mentioned by local authority and government agency, the
first aid facility shall be equipped with at least two sets of;
1) Artificial defibrillator
2) Anti-Snake bite medicine
3) Anti-scorpion bite medicine
The Contractor should maintain the contents mentioned in APPENDIX 5 List of Content of First-Aid Box
along with the above mentioned medicine.
(The Contractor shall read and comply this clause along with clause 1.6 (a) (b) (c) of Annexure E)
16.2 Ambulance
The Contractor shall deploy an Ambulance with trained paramedics at site. The ambulance will be
available 24X7 on site. The Contractor shall ensure that the Ambulance shall be equipped with Self-
contained Breathing Apparatus Set (SCBA) and manned with trained driver.
16.3 Smoking
Smoking shall only be permitted in designated smoking areas, the Contractor shall identify Smoking
booths and Non-smoking areas in the Contractor HSE Plan.
16.4 Alcohol and Drugs

The Contractor shall devise drug and alcohol policy in the Contractor HSE Plan. Alcohol and Drugs
(other than drugs required for bonafide medical reasons) shall not be permitted on Site.
The Contractor‟s Representative shall ensure that personnel under their supervision and authority do
not at any time during the performance of the work, take or work under the influence of any alcoholic
liquor, narcotic, or other intoxicating substance, other than drugs required for bonafide medical
reasons which have been approved in advance by the Contractor approved Medical Doctor. Reporting

for work under the influence of any alcoholic liquor, narcotic, or other intoxicating substance may
result in removal from the site and or dismissal.
16.5 Personal Protective Clothing and Safety Equipment

The Contractor HSE Plan shall include requirements for Personnel Protective Equipment (PPE) that shall
apply to Contractor‟s and it‟s sub-contractors‟ personnel. This equipment shall meet to the following
requirements:
 Clothing with covers arms and legs
 Safety spectacles with eye shields or safety goggles.
 Protective footwear
 Safety Helmet or Hard Hat
 Ear Protection (when appropriate)
 Leather gloves (when appropriate)
 Fall-arrest devices when working at locations from which a free-fall hazard greater than 1.8
meters exists.
 Flotation work vests when working over water, where a fall into water is possible.
 Any other protective requirements associated with the work task required and as identified in
JHAs.
16.6 Not Used

16.7 Mobile Phone Use on Site
The Contractor shall devise Mobile Phone Use policy in the Contractor HSE Plan. Us eof Mobile phones
shall not be permitted on Project Site except in designated areas, the Contractor shall identify location
of Mobile Phone permitted areas in the Contractor HSE Plan.
16.8 Harassment
Harassment of persons shall not be permitted and during the Contractor‟s HSE induction the Contractor
shall explain what constitutes harassment and the measures to be taken when it occurs.
17. WORK CONDUCTED ON / IN VICINITY OF EXISTING FACILITIES

When work is conducted on or in the vicinity of existing facilities, the Contractor shall comply with the
Company‟s policies and procedures for these areas.
18. PROJECT WORKERS‟ ACCOMMODATION / LABOUR CAMP

Where the Contractor provides accommodation for workers, the accommodation shall be appropriate
for its location and be clean, safe and, at a minimum, meet the basic needs of workers. In particular,

the provision of accommodation shall meet national legislation and international good practice in
relation, but not restricted, to the following:
- the provision of minimum amounts of space for each worker;
- provision of sanitary,
- laundry and cooking facilities and potable water;
- the location of accommodation in relation to the workplace; any health, fire safety or other
hazards or disturbances and local facilities;
- the provision of first aid and medical facilities; and
- heating and ventilation.
Workers‟ freedom of movement to and from the Developer-provided accommodation shall not be
unduly restricted.
These Workers‟ Accommodation Requirements aims to promote “safe and healthy working conditions,
and to protect and promote the health of workers.”
In some instances, for example during construction phases of projects, workers will not be directly
engaged by the Contractor, but by (sub)-contractors. However, the Company requires their Contractor
to ensure that non-employee workers, engaged by contractors or other intermediaries to work on a
project site to perform work related to the core function of the project, are covered by most of the
provisions. To this end, the Contractor shall set up mechanisms and processes to ensure that the
contractors and other intermediaries comply with these requirements. This shall involve including
contractual covenants related to workers‟ accommodation, and monitoring the implementation of
workers‟ accommodation standards.
18.1 Definitions
As used in these requirements, the following meanings shall apply:
1) “Barracks” – A large building used for temporary occupancy and synonymous with the term
dormitory.
2) “Common areas” – That portion of a workers‟ accommodation / labour camp not included
within private living quarters and where workers‟ accommodation / labour camp residents generally
congregate.

3) “Family” – Includes spouse, children, stepchildren, foster children, parents, stepparents, foster
parents, brothers and sisters.
4) “Group toilets” – A room providing a suite of water closets or toilets and lavatories.
5) “Hand tools” – any hand-held implement used in agriculture by manual laborers to prepare and
plant field crops for harvest.
6) “Incident of employment” – Something that is contingent upon or related to being employed.

For the purpose of these requirements, this term shall also mean the same as condition of employment.
Examples include housing provided by labor contractor‟s workers they employ or that are employed by
any other labor contractors.
7) “Major Deficiency” – Noncompliance of a standard or numerous violations of the standards of

these requirements which solely or collectively cause an imminent threat to public health or cause a
high risk of injury. Examples of major deficiencies are untreated sewage on the ground, unsafe or
deteriorated housing, contaminated water supply, holes in floors extending completely through the
original designed exterior, unsafe stairs and flooring posing a risk of persons falling, unsafe ceiling with
risk of imminent collapse, ceiling or roof leaks, gas leaks, exposed or cross connection of electrical
wires, boarded windows where the 10 percent window area requirement is not met, boarded doorways
providing egress or ingress.
8) “Private living quarters” – A building or portion of a building, dormitory or barracks, including

its bathroom facilities, or a similar type of sleeping and bathroom area, which is a home, residence, or
a sleeping place for a resident of a workers‟ accommodation / labour camp.
9) “Water closet” – A room or booth containing a toilet and often a washbowl or basin.
18.2 STANDARDS, INSPECTIONS, VIOLATIONS

18.2.1 Standards
Before any person establishes, operates, or allows occupancy of a workers‟ accommodation / labour
camp, the Contractor shall ensure that the workers‟ accommodation / labour camp with the minimum
standards of construction, sanitation, and health & safety regulations established by Indian regulations
and various Government authorities, e.g. Municipal corporation, Housing Development Corporation,
Labour Officers, Factory Acts and State Rules, Pollution control authorities, etc. are complied.
As a good practices and benchmarking of International good practices and standards the Company
recommends the contractors to practice / follow the rules and requirements mentioned in the
Occupational Safety and Health Administration‟s (OSHA) standards for Temporary Labor Camps in 29
U.S.C. s. 655, and HUD‟s Chapter 10 Housing Quality Standards in the Housing Choice Voucher Program
Guidebook 7420.10G. A copy of this OSHA Standards can be obtained at;
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9791

18.2.2 Inspections
Workers‟ accommodation / labour camp, occupied 6 weeks or more during a quarter shall be inspected
at least once every month during periods of occupancy.
Workers‟ accommodation / labour camp occupied less than 6 weeks during the quarter shall be
inspected at least once during the quarter within that 6 week period. It is responsibility of the
Contractor operator or person in charge to maintain and provide on demand the proper documentation
regarding the period of occupancy. Such documentation may include letters, memos, applications, or
inspection forms.
Field sanitation facilities inspections shall be made at random in the normal course of staff activities.
18.2.3 Violations
When a major deficiency as defined in subsection 002(07), is reported during routine inspection or
audit to the Contractor or representative of the contractor, a maximum of 48 hours shall be given to
make corrections or provision for corrections that meet the requirements. The Contractor or
representative of the contractor must submit proof (i.e., receipt, estimates or cost analysis sheet,
etc.,) to the Company at the time of the re-inspection to show that the major deficiency has been
corrected or is in the process of being corrected within the 48 hours timeframe allotted by these
requirements.
If the Company grants the Contractor or representative of the Contractor a time extension to correct
the violation, the Contractor or representative of the Contractor must provide documentation showing
that provisions have been made to correct the major deficiency within 48 hours from the issuance of
the extension issued by the Company staff. The documentation must include a start and completion
date by which the major deficiency will be corrected. The major violation must be corrected on or by
the date indicated in the documentation, otherwise, the Company will issue a citation with a fine.
A continual or repeat violation is a violation that occurs 3 or more times during a permit year, the
Company will issue a citation with a fine.
18.3 SITES
 All sites (workers‟ accommodation / labour camp) shall be;
o well drained,
o free from standing water, and maintained to inhibit the breeding of mosquitoes.
o Natural sinkholes, swamps, pools, or other surface collections of water are not allowed within
200 feet of the periphery of the outermost building, unless such quiescent water surfaces can and will
be subjected to mosquito control measures.
 The workers‟ accommodation / labour camp shall be located so the drainage from and through
the camp will not endanger any domestic or public water supply.

 All sites shall be graded, ditched, and rendered free from depressions in which water may
become a nuisance.
 Structures in which food is prepared or served e.g. Workers Canteen or mess and where
sleeping quarters are located shall be more than 50 Meter from any area where livestock is kept.
 All shelter sites shall be adequate in size to permit locating of buildings so as to minimize the
hazards of fire.
 The grounds and open areas surrounding the shelters shall be maintained in a clean and
sanitary condition free from rubbish, debris, waste paper, garbage, or other refuse.
 Roads – Roads shall be designed and maintained to accommodate in a safe manner the vehicles
accessing the facilities.
 Where possible, workers‟ accommodation / labour camp facilities are to be located within a
reasonable distance from the worksite.
 It shall be the responsibility of the Contractor to provide safe and free transportation and or
approach road from the workers‟ accommodation / labour camp to worksite.
18.4 BUILDINGS AND STRUCTURES

 Buildings and structures of workers‟ accommodation / labour camp housing shall be weather-
tight and shall provide protection from the elements such as rain, heat and cold.
 Steps, porches, hallways and other means of egress shall be sturdy and safe.
 Floors used in private living quarters shall be constructed of concrete or other comparable
material.
 Floor coverings shall be easily cleanable and maintained in good condition, free from obvious
soiling.
 Buildings and structures in all workers‟ accommodation / labour camp housing shall have the
corresponding utility connections for equipment e.g. Water, gas (if any) during occupancy.
 The Contractor shall be responsible for the building or structure, shall ensure that required
cooling equipment e.g. Fan / Air cooler, and or heating equipment (as per surrounding weather
conditions), and water purifying equipment and water heating equipment (if required) is provided.
 The Contractor is responsible for ensuring that the equipment is installed in accordance with
state and local ordinances, codes, and regulations governing such installations.
 Every room used for sleeping purposes in private living quarters shall provide a minimum of 50
square feet of floor space for each occupant.

 In a room where workers cook, live, and sleep, a minimum of 50 square feet of floor space per
person shall be provided. Sanitary facilities shall be provided for storing and preparing food.
 The floors, roofs, and exterior walls, and ceilings of all buildings and structures shall be sound
and in good repair. Wooden exteriors of shelters shall either be constructed of decay resistant wood,
painted with a lead-free paint, or covered with another type of protective coating.
 Rooms used for sleeping purposes and common areas in private living quarters shall have at
least one window opening directly to the outside. The minimum total window area of a migrant labor
camp or residential migrant housing shall equal ten percent of the floor area of each room. In addition,
at least one-half of each window shall be constructed so that it can be easily opened for ventilating the
room except where approved mechanical ventilation is provided. In computing total window area and
openable window area, jalousie doors may be counted.
 If double-deck bunks are used, they shall be spaced not less than 48 inches both laterally and
end to end. The minimum clear space between the lower and upper bunk shall be not less than 27
inches. Triple-deck bunks are prohibited.
 The accommodation units / rooms must be built from concrete or brick. Tin metal sheet room
should not be allowed.
 Accommodations must be located a safe distance from sources of environmental pollution and
noise.
 All plumbing in workers‟ accommodation / labour camp shall be in compliance with provisions
of local plumbing codes.
 The accommodation rooms/ units shall be provided with adequate size (not less than 2‟X2‟)
windows, to ensure cross ventilation.
 The accommodation rooms/ units shall be provided with a either pedestal fan or ceiling
mounted fan and fluorescent tube light fittings and concealed (conduct or casing capping) wiring and
approved ISI or CE marked electrical fittings provided with ELCB.
 The roofing of the accommodation rooms / units shall be made up of corrugated bamboo
roofing sheets confirming to IS 13958 : 1994. Use of asbestos sheets or tin sheets for roofing shall be
prohibited.
18.5 WATER SUPPLY

Special attention to water quality and quantity is absolutely essential. To prevent dehydration, water
poisoning and diseases resulting from lack of hygiene, workers should always have easy access to a
source of clean water. An adequate supply of potable water must be available in the each workers‟
accommodation / labour camp. Drinking water must meet local or WHO drinking water standards and
water quality must be monitored regularly. Depending on the local context, it could either be produced

by dedicated catchment and treatment facilities or tapped from existing municipal facilities if their
capacity and quality are adequate
 The Contractor shall be responsible for providing and maintaining continuous supply of an
adequate and convenient water supply, approved by the appropriate health authority, and shall be
provided in each camp for drinking, cooking, bathing, and laundry purposes.
 Water supply shall be available at all times during occupancy in each workers‟ accommodation
/ labour camp housing for drinking, cooking, bathing, dishwashing, and laundry purposes.
 The water supply shall be capable of providing at least 50 gallons per person per day.
 The distribution lines shall be capable of supplying water at normal operating pressures to all
fixtures for simultaneous operation.
 The Contractor is responsible for quality of water supplied and shall periodically test the water
quality and maintain the records.
 All tanks used for the storage of drinking water are constructed and covered as to prevent
water stored therein from becoming polluted or contaminated.
18.6 GARBAGE AND REFUSE DISPLSAL

 Garbage shall be retained in cleanable, watertight receptacles of impervious material which
are provided with tight fitting covers suitable to protect the contents from flies, insects, rodents and
other animals.
 Receptacles shall be provided in sufficient quantity to store garbage from all buildings and
housing units.
 Garbage containers shall be kept clean and shall be emptied on a regular basis, but not less
than once in a day.
 The Contractor shall be responsible for making provisions for disposing of the garbage, kitchen
wastes and other refuse in accordance with local codes, as applicable.
18.7 PESTICIDE USE, STORAGE, AND DISPOSAL

 All common household pesticides, such as roach spray, chlorine bleach, kitchen and bathroom
disinfectants, rat poison, insect and wasp sprays, repellents, baits, dips for pets and any other
pesticide products applied in the workers‟ accommodation / labour camp must be used according to
the distributor or manufacturer‟s label on the product.
 All pesticide containers shall contain their original product and the containers shall be properly
labeled. Pesticide containers found with products other than the original contents shall be discarded
immediately.
 All empty pesticide containers shall be securely placed in a plastic bag and properly disposed
into a garbage receptacle or in accordance with Hazardous Waste (Management & Handling) Rules 1989
and amendments made therein. Disposal guidelines found at:
http://www.envfor.nic.in/divisions/hsmd/notif.html
 Empty pesticide containers must not be reused to store any other substance other than the
same kind of pesticide that originally came in the container.

 Containers containing common household pesticides used within workers‟ accommodation /

labour camp must be properly stored in a safe place, such as in a closet or cabinet away from food and
other consumable items.
 In housing units where children reside, the common household pesticides must be stored out of
the reach of children in a locked cabinet or closet away from children. Toxic chemicals must be stored
out of the reach of children and in a locked area if children are residing in the home.
18.8 VERMIN CONTROL (Insect and Rodent Control)

 Effective measures shall be taken by the Contractor to prevent infestation by and harborage of
vermin. All workers‟ accommodation / labour camp shall be free of all vermin and maintained in a
vermin free and vermin proof condition.
 All outside openings shall be effectively sealed or screened with a 16 mesh screen or
equivalent in order to prevent entry of insects, rodents, or other vermin.
 The Contractor shall inform the workers by posting a notice in the camp or housing to which it
applies of any indoor application of pesticides prior to the application.
18.9 HEATING
 Heating appliances, other than electrical, shall be provided with a flue pipe or vent connected
to the appliance and discharging to the outside air. Cooking facilities shall not be considered heating
equipment.
 Automatically operated heat producing equipment shall be provided with controls to cut off
the fuel supply upon the failure or interruption of flame or ignition or whenever a predetermined safe
temperature or pressure is exceeded.
 All steam and hot water systems shall be provided with safety devices designed to prevent
hazardous pressures and excessive temperatures.
 Heating / air cooling and ventilation should be appropriate for the climatic conditions and
provide workers with a comfortable and healthy environment to rest and spend their spare time.
18.10 LIGHTING
Both natural and artificial lighting are provided and maintained in living facilities. It is best practice
that the window area represents not less than 10% of the floor area.
 Electric wiring shall be installed in accordance with the provisions of Local authority or Indian
electrical codes.
 Each living room in a workers‟ accommodation / labour camp shall be provided with at least
one ceiling or wall type light fixture capable of providing 30 foot candles of light at a point 30 inches
from the floor and at least one separate double electric wall outlet.
 Lighting arrangements should be provided in adequate casing / conduct piping.
 ELCB / MCB should be provided in each room.
 Emergency lighting should be provided inside the workers‟ accommodation / labour camp.

18.11 SEWAGE AND LIQUID WASTE DISPOSAL

Wastewater treatment and effluent discharge as well as solid waste treatment and disposal must
comply with local standards and be adequately designed to prevent contamination of any water body,
to ensure hygiene and to avoid the spread of infections and diseases, the proliferation of mosquitoes,
flies, rodents, and other pest vectors. Depending on the local context, treatment and disposal services
can be either provided by dedicated or existing municipal facilities.
 Approved facilities shall be provided and maintained in all workers‟ accommodation / labour
camp for the satisfactory disposal and treatment of excreta and liquid waste.
 All sewer lines and floor drains from buildings shall be connected thereto. Such facilities shall
be constructed and maintained in compliance with local authority.
 Specific containers for rubbish collection are provided and emptied on a regular basis.
18.12 PERSONAL HYGIENE FACILITIES

It is essential to allow workers to maintain a good standard of personal hygiene but also to prevent
contamination and the spread of diseases which result from inadequate sanitary facilities. Sanitary and
toilet facilities will always include all of the following: toilets, urinals, washbasins and showers /
washing facilities. Sanitary and toilet facilities should be kept in a clean and fully working condition.
Facilities should also be constructed of materials that are easily cleanable and ensure privacy. Sanitary
and toilet facilities are never shared between male and female residents, except in family
accommodation. Where necessary, specific additional sanitary facilities are provided for women.
18.13 SHOWERS/BATHROOMS AND OTHER SANITARY FACILITIES

Hand wash basins and showers should be provided in conjunction with rooms. These facilities must be
kept in good working condition and cleaned frequently. The flooring for shower facilities should be of
hard washable materials, damp-proof and properly drained. Adequate space must be provided for
hanging, drying and airing clothes. Suitable light, ventilation and soap should be provided. Lastly, hand
washing, shower and other sanitary facilities should be located within a reasonable distance (at least
50 meters) from other facilities and from rooms and eating facilities.
 Personal Hygiene Facilities Requirements for workers‟ accommodation / labour camp - Ratio
Chart of Number of Facilities to Number of People
Sr. No. Male Female

1 Toilets 1:20 1:12
2 Urinals 1:20
3 Handwash 1:6 1:6
 A toilet, hand washing, and bathing facility shall be located within 50 meters of each sleeping
area of a workers‟ accommodation / labour camp.
 Where toilet rooms are shared, such as in multi-family housing units and barracks, toilet
facilities shall be provided for both men and women. These rooms shall be distinctly marked “Men” and

“Women” by signs printed in English and in the native language of the persons occupying the camp. If
the facilities are in the same building, they shall be separated by a solid wall or partition extending
from the floor to the roof or ceiling.
 All group toilet rooms in workers‟ accommodation / labour camp shall be constructed with
privacy partitions between each water closet to block the occupants from view.
 All privacy partitions for toilets shall have doors. All toilet facilities shall be equipped with a
self closing entrance door and maintained in good repair, cleaned with a disinfectant and provided with
a garbage receptacle.
 The floors of hand washing, bathing and laundry facilities in workers‟ accommodation / labour
camp shall be of smooth but non-skid finish, impervious to moisture, and sloped to drain.
 Floor drains properly trapped shall be provided in all shower baths and shower rooms to
remove waste water and facilitate cleaning. The walls and partitions of shower rooms shall be smooth
and impervious to moisture.
 Sanitary and toilet facilities are cleaned frequently and kept in working condition.
 All toilet rooms should be well-lit, have good ventilation or external windows, have sufficient
hand wash basins and be conveniently located.
 It shall be the responsibility of the Contractor to conduct Anti-Mosquitos fogging twice in week
at workers‟ accommodation / labour camp.
18.14 FIRE PROTECTION

Wherever required the Contractor shall take proper approval from the local fire authorities for the
firefighting facilities provided at workers‟ accommodation / labour camp.
 It shall be the responsibility of the Contractor to provide in, adequate quantity, maintain and
inspect periodically all firefighting equipment e.g. fixed and portable Fire extinguishers.
18.15 SECURITY
Ensuring the security of workers and their property on the accommodation site is of key importance. To
this end;
 The Contractor shall carefully design a security plan, including appropriate measures to
protect workers against theft and attacks.
 Particular attention should be paid to the safety and security of women workers.
 When appropriate, security staff from both genders are recruited.
18.16 WELFARE
Basic leisure and social welfare facilities are important for workers to rest and also to socialise during
their free time. This is particularly true where workers‟ accommodation is located in remote areas far
from any communities. Where workers‟ accommodation is located in the vicinity of a village or a town,
existing leisure or social facilities can be used so long as this does not cause disruption to the access
and enjoyment of local community members. But in any case, social spaces should also be provided on
site.

Exercise and recreational facilities will increase workers‟ welfare and reduce the impact of the
presence of workers in the surrounding communities. In addition it is also important to provide workers
with adequate means to communicate with the outside world, especially when workers‟
accommodation is located in a remote location or where workers live on site without their family or are
migrants. Consideration of cultural attitudes is important.
Provision of space for religious observance needs to be considered, taking account of the local context
and potential conflicts in certain situations.
The Contractor shall devise and organize the programs and functions in order to enhance the welfare
and cordial relations amongst the workers at workers‟ accommodation / labour camp.
18.17 FIRST AID AND MEDICAL FACILITIES

Access to adequate medical facilities is important to maintain workers‟ health and to provide adequate
responses in case of health emergency situations. The availability or level of medical facilities provided
in workers‟ accommodation is likely to depend on the number of workers living on site, the medical
facilities already existing in the neighboring communities and the availability of transport. However,
first aid must always be available on site.
 Adequate first aid facilities approved by a health authority shall be maintained and made
available in every labor camp for the emergency treatment of injured persons.
 It shall be the responsibility of the Contractor to have a medical clinic “with full services” and
with medical practitioners available 24 hours a day, including on religious and national holidays.
 The Contractor shall conduct regular health check-up of all workers in camp at least once in
year.
 The Contractor shall conduct health awareness programs like HIV ADIS, Bad Health Habits e.g.
tobacco, smoking, drinking alcohol, etc., Tetanus Camp, Polio camp, etc.
 Whenever there shall occur in any camp a case of suspected food poisoning or an unusual
prevalence of any illness in which fever, diarrhea, sore throat, vomiting, or jaundice is a prominent
symptom, it shall be the duty of the Contractor / the camp superintendent / the Contractor‟s
representative to report immediately the existence of the outbreak to the Company and to the health
authority by telegram, telephone, electronic mail or any method that is equally fast.
 The First aid facility at workers‟ accommodation / labour camp shall be equipped with anti-
snake bite medicine and anti-scorpion bite medicine.
18.18 CRECHE
 Where Contractor‟s workmen are staying in workers‟ accommodation / labour camp with
family and have children, the Contractor shall ensure that crèche is maintained inside the workers‟
accommodation / labour camp and shall be manned by trained staff.

18.19 RESPONSIBILITY OF THE CONTRACTOR

 The Contractor shall be responsible for complying with all statutory requirements and rules
issued thereunder as well Annexure E, Annexure E-1 & Annexure E-2 relating to workers‟
accommodation / labour camp.
 It shall be one of the prime responsibilities of the Contractor to ensure that the workers‟
accommodation / labour camp is free from Alcohol and drug use. The Contractor should implement
non-alcohol and Drug free site policies.
 The entire premises of a workers‟ accommodation / labour camp shall be free from rubbish,
waste paper, garbage and other litter. When workers‟ accommodation / labour camp is closed, all
garbage, litter and debris shall be removed from the site.
 The Contractor or his representative shall inspect daily or provide a competent individual to
inspect daily the grounds and common-use areas including toilets, washing facilities, bathing facilities,
mess halls, dormitories, kitchens or any facilities relating to the operation of the facility and ensure
that each is maintained in a clean, satisfactory operating condition and kept in good repair.
 The Contractor shall be held responsible for any Civil or Criminal act inside the workers‟
accommodation / labour camp or outside the workers‟ accommodation / labour camp conducted by the
Contractor‟s worker and or resident of the workers‟ accommodation / labour camp.
 It shall be the responsibility of the Contractor to maintain peace, law and order and cordial
environment inside the workers‟ accommodation / labour camp.
 It shall be the duty of the Contractor or camp supervisor to report immediately to the local
health officer the name and address of any individual in the camp known to have or suspected of
having a communicable disease.
 Irrespective of whether workers are supposed to keep their facilities clean, it is the
responsibility of the Contractor or camp supervisor / the Contractor‟s representative to ensure that
rooms/dormitories and sanitary facilities are in good condition.
 The Contractor shall make necessary arrangements for workers staying inside the workers‟
accommodation / labour camp, to ensure that the workers are getting safe and healthy daily required
commodities to like grosary, vegetables, milk, restaurant, etc. inside the workers‟ accommodation /
labour camp.
18.20 SUPERVISION
The Contractor shall ensure that;
 Workers‟ accommodation / labour camp occupied by 50 or more persons shall be supervised by
a resident supervisor who may be the Contractor or the Contractor‟s representative.
 All persons designated as camp supervisors shall be jointly responsible with the camp operator
for the maintenance of the facility.
 The name, telephone number, address or instructions on how to locate the operator and
supervisor shall be kept posted in a prominent and conspicuous location in the camp at all times.
 A telephone easily accessible to all occupants of the facility shall be maintained during periods
of operation.

18.21 CONSTRUCTION VARIANCES

The Contractor may apply for a temporary variance from specific standard(s). The variance request
shall be in writing and it must:
 Clearly specify the standard(s) from which the variance is desired;
 Provide adequate justification that the variance is necessary to obtain a beneficial use of an
existing facility, and to prevent a practical difficulty or unnecessary hardship; and
 Clearly set forth the specific alternative measures that the Contractor has taken to protect the
health and safety of occupants and adequately show that such alternative measures have achieved the
same result as the standard from which the variance is sought.
 Each request for a variance shall be submitted by Project Director or Owner of the Contractor
duly signed to the Company at least one month before beginning the actual construction of workers‟
accommodation / labour camp.
 The Company shall review the application and request from the applicant submission of all
additional information necessary for the Company to make a determination on the variance request.
The Company shall, in writing, grant or deny the variance within 15 days of receipt of the variance
application, or within 15 days of receipt of all additional information necessary to complete the
application when a request for additional information has been made by the Company in accordance
with this requirement. Failure of the Company to grant or deny the variance within 15 days, shall
constitute harmless error, and shall not provide the basis for an argument that the variance was, in
fact, granted.
18.22 CITATIONS, FINES

On basis of the particular nature of the violation, including a specific reference to the provisions of
statute or rule allegedly violated, the Company should impose a fine. Each day the violation exists
without being corrected constitutes a separate violation for which a citation may be issued and fine
may be imposed. The citation shall be issued to the Contractor or Contractor‟s representative
responsible for maintaining workers‟ accommodation / labour camp. Depending on the severity and
repetition of violation the Company should impose the fine, which may be;
- Rs. 100/- for each minor violation
- Rs. 250/- for each minor repeated violation when not corrected in given time.
- Rs.1000/- for each major violation
- Rs. 5000/- for each major repeated violation when not corrected in given time.
19. ROAD SAFETY

The contractor shall ensure adequately planned road transport safety management system. The
vehicles shall be fitted with reverse warning alarms & flashing lights and usage of seat belts shall be
ensured. The contractor shall also ensure a separate pedestrian route for safety of the workers and

comply with all traffic rules & regulations. The maximum allowable speed shall be adhered to. In case
of an alert or emergency, the vehicles must clear all the routes, roads, access.
Dumpers, Tippers, etc. shall not be allowed to carry workers within the Project Site area and also to &
from the workers accommodation / labour colony. Hydras shall only be allowed for handling the
materials at fabrication / storage yards and in no case shall be allowed to transport the materials.
20. DEMOLITION AND DISMANTLING

The contractor shall adhere to safe demolishing / dismantling practices at all stages of work to guard
against unsafe working practices. The contractor shall disconnect service lines (power, gas supply,
water, etc.)/ make alternate arrangements prior to start of work and restore them, if required as
directed by the Company at no extra cost. Before starting any Demolition and or Dismantling the
Contractor shall submit detail Risk assessment for the same activity for review of the Company and the
Contractor can start the activity only after getting approval from the Company.
21. EXPLOSIVE / BLASTING OPERATIONS

Blasting operations shall be carried out as per latest Explosive Rules (Indian/ International) with prior
permission. The contractor shall obtain license from Controller of explosives for collection,
transportation, storage of explosives as well as for carrying out blasting operations.
22. SLIP, TRIP AND FALLS

The contractor shall establish a regular cleaning and basic housekeeping programme that covers all
aspects of the workplace to help minimize the risk of slips, trips & falls. The contractor shall take
positive measures like keeping the work area tidy, storing waste in suitable containers & harmful items
separately, keeping passages, stairways, entrances & exits especially emergency ones clear, cleaning
up spillages immediately and replacing damaged carpet / floor tiles, mats & rugs at once to avoid slips,
trips & falls.
The Contractor should keep dedicated team for doing regular cleaning and housekeeping of the Project
site.
23. HSE PROMOTION

The contractor shall encourage his workforce to promote HSE efforts at workplace by way of
organizing;
- workshops/seminars/training programmes,
- celebrating HSE awareness weeks &
- National Safety Day, National Environment Day, National Fire Day
- conducting quizzes & essay competitions,
- distributing pamphlets, posters & material on HSE,

- providing incentives for maintaining good HSE practices and granting bonus for completing the
job without any lost time accident.
24. PENALTY
The Contractor shall adhere consistently to all provisions of HSE requirements. In case of non-
compliance or repeated failure in implementation of any of the HSE provisions; the Company may
impose stoppage of work without any cost & time implication and/or impose a suitable penalty.
This penalty shall be in addition to all other penalties specified elsewhere in the contract. The decision
of imposing stop-work-instruction and imposition of penalty shall rest with the Company. The same
shall be binding on the contractor. Imposition of penalty does not make the contractor eligible to
continue the work in unsafe manner.
The amount of penalty applicable on different types of HSE violations is specified below:
Sl.
Violation of HSE Norms Penalty Norms
No.
For not using personal protective equipment
1 (Helmet, Shoes, Goggles, Gloves, Full body Rs.100/- per day/Item/ Person
harness, Face shield, Boiler suit, etc.)
2 Working without Work Permit/Clearance Rs.1,000/- per occasion
Unsafe electrical practices (not installing ELCB,
using poor joints of cables, using naked wire
3 without top plug into socket, laying Rs.1,000/- per item per day
wire/cables on the roads, electrical jobs by
incompetent person, etc.)
Working at height without full body harness,
using non-standard / rejected scaffolding and
4 Rs.1,000/- per item per day
not arranging fall protection arrangement as
required like Safety Nets.
Unsafe handling of compressed gas cylinders
5 (No trolley, jubilee clips double gauge Rs.100/- per item per day
regulator, improper storage/handling).
6 Use of domestic LPG for cutting purpose Rs.500 per occasion
7 No fencing / barricading of excavated areas Rs.500 per occasion
Not providing shoring / strutting / proper slope
8 and not keeping the excavated earth at least Rs.500 per occasion
1.5M away from excavated area
Non display of caution boards, list of hospitals,
9 Rs.100 per occasion
emergency services available at work locations

Traffic rules violations like over speeding of

vehicles, rash driving, wrong parking, not using
10 Rs.500 per occasion
seat belts, vehicles not fitted with reverse
warning alarms.
Absence of Contractor‟s top most executive at
11 site in the safety meetings whenever called by Rs.500/- per meeting
the Company.
Failure to maintain safety records by the
12 Rs.1,000/- per month
Contractor Safety personnel.
Failure to conduct daily safety site inspection, Rs.500/- per occasion for daily inspection
13 HSE meeting and HSE audit at predefined Rs.500/- per occasion for HSE meeting
Frequencies. Rs.1000/- per occasion for HSE Audit
th
Failure to submit the monthly HSE report by 5
Rs.1,000/- per occasion and
14 of subsequent month to the Company
Rs.100/- per day for further delay.
Representative.
15 Poor House Keeping Rs.1,000/- per occasion
Failure to report & follow up accident
16 Rs.10,000/- per occasion
(including Near Miss) reporting system.
Degradation of environment (not confining
17 Rs.1,000/- per occasion
toxic spills, spilling oil/lubricants onto ground)
Not medically examining the workers before
18 Rs.500/- per person
allowing them to work at Project site.
Violation of any other safety condition as per
job HSE plan, work permit and HSE conditions
of contract (using crowbar on cable trenches,
19 improper welding booth, not keeping fire Rs.500/- per occasion
extinguisher ready at hot work site, unsafe
rigging practices, non-availability of First-Aid
box, etc.)
20 Any violation not covered above To be decided by the Developer.
Repeated deviation from any terms and
21 Rs. 10,000/- and/or Termination Of Contract
conditions
Non-compliance of applicable statutory and
Rs. 5000/- for first case and warning letter to
22 regulatory norm / condition / permit / license,
Contractor.
etc.
Will-full and negligent repeated non-
compliance of applicable statutory and Rs.100000/- and black listing the Contractor
23
regulatory norms / conditions / permits / and Termination of Contract
licenses, etc. even though the Contractor is

informed and warned about the non-

compliance.
25. DECLARATION BY THE CONTRACTOR

APPENDIX 1: ITEMS TO BE INCLUDED IN THE CONTRACTOR‟S HSE PLAN
The Contractor‟s HSE Plan shall be adapted to the Project Site and taking into account the work to be
carried out during the different project phases, local conditions, emergency preparedness,
communications etc.
The Contractor‟s HSE Plan shall include, but not be limited to, those identified bellow:
1. HSE Policy and Goals
 HSE Policy
 HSE Goals
2. Organization and Responsibilities
 Site Organization
 HSE Organization
 Assignment of HSE Responsibilities
o Principle enterprise
o Line responsibility
o Sub-contractor
o Hired Labour
o HSE Services
o Instruction for HSE personnel and organizations
3. HSE Procedures and Requirements
3.1 Procedures
 Coordination of Contractor group‟s activities
 Coordination with the Company
 Handling of incidents

 Constructability evaluations
 Risk assessment
 HSE Programme
 Environmental accounting
 Waste Management
o Waste classification,
o Declaration formats for special waste
o Internal handling, storing and external disposal
3.2 Requirements
 Mandatory personal protective equipment
 Notification of incidents (accident and near miss cases) and unsafe conditions
 Electrical installations / use of electrical equipment
 Radioactive materials
 Work Permits
 Rigging and crane safety, certification
 Scaffolding (erection, inspection, testing, tagging, dismantling)
 Ladder use
 Lightings
 Emergency Lightings
 Protection against chemicals
 Housekeeping
 Internal requirements regarding littering, pollution
 Temporary cables, hoses, and equipment
 Display management (signage, instruction)
 Barricades

 Provision regarding alcohol and drugs
 Prevention of Fire and Fire fighting
 Storage and use of chemicals / noxious substances
 Smoking restrictions
 Mobile Phone use restrictions
 Infringement of safety provision
 Evaluation of personnel from contract object
 Traffic Management, Parking
4. HSE Activity Plan
 HSE activities and schedules
o HSE evaluations
o HSE audits
o HSE inspections
o HSE Meetings
o HSE information
o HSE training (for own and sub-contractor personnel)
o Special HSE Training
o Training for HSE personnel
 Implementation and follow-up of findings and recommendations from the above HSE activities.
5. Security
 Security provisions
 Perimeter guarding
 Restricted areas
 Checks of entries and exits
 Visitors

 Photography
 Sabotage
 Criminal acts
 Espionage
 Original documents and drawings
 Confidentiality
 Data security
6. Emergency Preparedness
 Organization Plan (during / outside office hours)
o Personnel
o Line of command
o Areas of responsibility, instructions
 Equipment for first aid
 Fire fighting
 Handling of accidental pollution
 Action plans including alarm and notifying system for;
o First aid evaluation
o Service (personal injury, acute illness)
o Fire, explosion
o Pollution
o Radioactive accidents
o Other possible accidents
 Communication Plan
o Equipment
 External resources

 Logging routines, reporting, forms included
 Handling of information to;
o Company
o Next-to-kin
o Press, media
o Authorities
o Filling
 Training plan
 Option for relocation of site personnel (safe haven)
7. Appendices
 Site Safety plot plan
 Location map specifying storage areas (materials, waste)
 Safety data sheet index
 Discharge permits
 Risk Assessment register
 Material Safety Data Sheet (MSDS)
 Other reports format to be submitted to the Company.

APPENDIX 2 : MONTHLY HSE REPORT
MONTHLY HSE REPORT
Project :
Contractor :
Site :
Month: Year:
Sl. Current Previous

Description Cum. Year Cum. Project
No. Month Month
1. HSE Inspections
Nos. of Observations
Nos. of Observations complied
Follow-up of previous months

observations
2. HSE Audits
Nos. of Noncompliance
Nos. of noncompliance complied

noncompliance
Nos. of Observations
Nos. of Observations complied

observations
HSE Tool Box Talk / PEP Talk

3.
conducted in month
Topics:
Topics:
Topics:
Topics:
4. Nos. of HSE Meetings conducted


No. Month Month
HSE Induction Training completed in

5.
month
Nos. of employees attended the

6.
Induction training in Month
7. Special HSE Training
Topics:
Topics:
Topics:
Topics:
8. Nos. of mock drill conducted
HSE Initiatives / promotional

9.
activities for month
a) Nos. of Incentives / awards issued

in month
b)
c)
10. Man-hours worked
11. HSE incident information
Nos. of near miss
Nos. of first aid cases
Nos. of minor accident cases (lost

time < 48 hrs.)
Nos. of major accident cases (lost

time > 48 hrs.)
Nos. of fatalities
Nos. of Fire incidents
Nos. of Property damage cases
Environmental incidents
Nos. of occupational (work related)

illness cases


No. Month Month
Nos. of Dangerous Occurrences
Any HSE complaint / concern raised

by neighboring industry /
Government
(for details attach separate sheet

stating action taken)
Nos. of work days lost
FR (Frequency rate)
FR=(nos. of accident cases X one

million)/(nos. of man-hours worked)
SR (Severity rate)
SR=(nos. of man days lost due to

accidents X one million)/(nos. of
man-hours worked)
IR (Incident rate)
IR = SR/FR
12. Nos. of Stop Work notice issued
13. Nos. of HSE Violation cases reported
Nos. of Penalty / disciplinary action

14.
taken
Nos. of activities for which JHA / JSA

15.
completed.
Environmental conservation measures

16.
taken;
a)
b)
c)
17. Incidents of Security laps
Any other information the Contractor

18.
wants to share in HSE Report;
a)


No. Month Month
b)
c)

APPENDIX 3: MONTHLY INCIDENT FILE
MONTHLY INCIDENT FILE
Project :
Contractor :
Site :
Month: Year:
Sl. Date Developer Description Type of Description Corrective Target Remarks

No / Sub- of Accident Incident of Injury / and Date for
contractor / Incident / Property Preventive completion
Accident damage Actions
Date: Signature
Name:
Designation:

APPENDIX 4: ENVIRONMENTAL ACCOUNTING FORM
ENVIRONMENTAL ACCOUNTING FORM
Substance Import Used Planned Undesired Waste Remark

amount releases releases
Diesel
Oil, Compounds
containing oil
Organic solvents
with halogens
Organic solvents
without halogens
Paint, glue, lacquer

and painting colours
Substances /
batteries containing
heavy metals
Cyanide containing
substances
Pesticides
Substances
containing PCB
Isocyanates
Other organic
substances
(Specify)2
Strong acids
Strong alkali
compounds
Other organic

Substance Import Used Planned Undesired Waste Remark

amount releases releases
substances
(specify)3
Aerosol cans
Other (specify if
relevant)
Other (specify if
relevant)
Notes:
1. Amount related and place of release.
2. Other organic substance (Specify)2 : Organic compounds hazards to the environment that do
not belong to other groups, such as phenol, formalin, plastic softeners, drugs, various regents from
chemical industry, etc.
3. Other organic substance (specify)3 : Inorganic compounds hazardous to the environment that
do not belong to other group such as elementary bromide and iodine, metallic sodium and potassium,
various salts such as chlorite, chlorate, per chlorate, fluoride, etc.

APPENDIX 5: LIST OF CONTENT IN FIRST AID BOX
CONTENT OF FIRST AID BOX
S. No. Description Quantity
1 Small size Roller Bandages, 1 Inch wide (Finger dressing small) 6 pcs
2 Medium size Roller Bandages, 2 Inch wide (Hand and Foot dressing) 6 pcs
3 Large size Roller Bandages, 1 Inch wide (Body dressing Large) 6 pcs
4 Large size Burn dressing 4 pkts
5 Antiseptic Solution Detol or Savlon (100ml) 1 Bottle
6 Mercurichrome Solution (100 ml.) 2% in water 1 Bottle
7 Ammonia Solution (20 ml.) 1 Bottle
8 A Pair of Scissors 1 Piece
9 Adhesive Plaster (1.25 cm X 5 m) 1 Spool
10 Eye pads in Separate Sealed Pkt. 4 pcs
11 Cotton Wool 4 pkts
12 Tourniqut 1 nos
13 Safety Pins 1 Dozen
14 Tinc. Iodine/ Betadin (100 ml.) 1 Bottle
15 Polythene Wash cup for washing eyes 1 nos.
16 Polythene Wash cup for washing eyes 1 pkt
17 Tinc. Benzoine (100 ml.) 1 Bottle
18 Triangular Bandages 2 nos.
19 Band Aid Dressing 5 pcs
20 Iodex/Moov (25 gms.) 1 Bottle
21 Tongue Depressor 1 nos

22 Boric Acid Powder (20 gms.) 2 pkt
23 Sodium Bicarbonate (20 gms.) 1 pkt
24 Dressing Powder (Nebasulf) (10 gms.) 1 bottle
25 Medicinal Glass 1 nos
26 Duster 1nos
27 Booklet (English & Local Language) 1 nos each
28 Soap 1 nos
29 Toothache Solution 1nos
30 Vicks (22 gms.) 1 Bottle
31 Forceps 1 nos
32 Note Book 1 nos
33 Splints 4 nos
34 Lock 1 piece
35 Life Saving/Emergency/Over-the counter Drugs As decided at site
Box size : 14" x 12" x 4"
Note: The medicines prescribed above are only indicative. Equivalent medicines can also be used.
A prescription, in this regard, shall be required from a qualified Physician.

APPENDIX B
SITE RULES
Site Rules Page 159 of 291 Seal & Signature of Bidder

1. GENERAL
Definition
Contractor: The Person or Party who has entered into a contract for undertaking certain jobs or work
as may have been specified in relation to the bounds of the project or in connection therewith &
includes their sub-contractors, if any.
2. GENERAL CONDITIONS
i. The Contractor shall start work on the site only after obtaining permission/clearance
certificate from the Developer.
ii. The Developer will issue a Clearance Certificate for all jobs, its duration & the specific
precautions necessary will be made known to the Contractor. The Contractor shall comply with the
Clearance Certificate & will signify his acceptance by signing the same. He shall inform all the
employees & sub-contractors, if any, regarding the content of the Clearance Certificate, and ensure
compliance.
3. LOCATION OF TEMPORARY HUTS

No temporary workshop or stores or otherwise shall be put up by the Contractor without obtaining
permission from the Developer regarding the location of the workshop or stores & the type of
construction of the workshop, and the purpose for which it is to be used.
4. EXCAVATION
No excavation, if required shall be started without the written permission of the Developer. The
contractor should check with Developer / PMC on any information of running underground utilities if
any & shall also explore for the same on his own so as to avoid any damage to the utility and mishap.
5. INSPECTION OF CONSTRUCTION PLANT

i. The Developer shall have the right to inspect any construction plant & to forbid its use
if, in his opinion, it is unsafe or dangerous to use, no claim arising there from shall be made by the
Contractor. Any such rejected constructional plant shall be removed forthwith from the site by the
Contractor if directed to do so by the Developer.
ii. Lifting Gear
a. Lifting Machines, chains, ropes & lifting tackles used by the Contractor on site must
conform to the following:
b. All parts must be of good construction, sound material & adequate strength & free
from defects.
c. Must be properly maintained, thoroughly examined & load tested by the Contractor's
competent person regularly.
d. No lifting machine & no chain, rope or lifting tackle should, except for the purpose
of test, be loaded beyond safe working load, and this safe working load must be plainly marked on the
gear concerned.

6. SUSPENSION OF WORK
If the Contractor is found by the Developer not complying and/or persisting in non-compliance with
safety requirements or with statutory obligations, the Developer may suspend his work at any time by
notice, in writing, and the work shall not be resumed unless and until the Developer shall have
cancelled in writing his suspension order. The Developer's decision in this matter shall be final. No
claims arising from such suspension shall be made by the Contractor.
7. FIRE
i. The Contractor shall take every precaution and use all reasonable means to prevent an
outbreak of fire and shall tender immediate assistance in case of fire.
ii. All inflammable materials shall be stored at site strictly as directed by the Developer.
iii. No fires shall be lit nor welding done in respect of specified areas without the written
permission of the Developer.
iv. The Contractor shall report immediately to the Developer any outbreak of fire in or
near the Contract site after ensuring use of firefighting equipment.
v. Smoking on site is not permitted, but may be allowed in restricted areas as may be
authorized by the Developer.
8. DROPPING OF MATERIALS
 The Contractor shall take all reasonable steps to safeguard all persons and plant from
the accidental dropping of tools or materials.
 No material shall be dropped deliberately from a height except with the permission of
the Developer, who will require the contractor to rail off the area and display suitable notices and post
a man whose sole duty is to see that no person enters the danger areas.
9. STAGING
i. Properly completed staging with safe means of access shall be provided by the
contractor for all work that cannot be done from the ground or with other safe means of support.
ii. The Developer shall have the right to reject any staging or scaffolding considered by
him as unsafe and requires the Contractor to effect necessary improvement before using such staging
or scaffolding.
iii. No claim arising from the Developer's rejection of any staging or scaffolding shall be
made by the Contractor.
10. SAFETY HELMETS, BELTS, SHOES & GOGGLES

The Contractor must provide all his employees/workers working overhead or in other hazardous jobs,
with safety belts, Safety helmets, goggles, safety shoes or other footwear as and when directed by the
Developer and ensure their regular use by their employees/workers to prevent accidents. The safety
belts and other equipment as stated above must be subject to inspection and approval by the
Developer.
11. FIRST AID

The Contractor must have arrangement for rendering necessary first-aid in case of accidental injuries.
They must provide with first-aid boxes containing items as specified in the Factories Act and Rules
framed there-under and keep them in a conspicuous place where it is easily accessible.

12. REPORTING OF ACCIDENTS

The Contractor shall report immediately to the Developer any accident or dangerous occurrence
involving his men or equipment.
13. BARRIERS
All construction areas in or near the existing plant, building access routes or thoroughfares shall be
adequately protected with barriers.
14. IONIC RADIATIONS

The Contractor shall not consign or bring to the Site any radioactive substance, nor use thereon such
substance, or any X-Ray apparatus, until he has obtained written instructions with regard to such use
from the Developer.
15. ELECTRICAL SAFETY CONDITIONS

The Contractor shall appoint a competent person to the satisfaction of the Developer, as the authority
on site who will be responsible for the control of all maintenance and repairs to any electrical
switchboard, distribution board, hand tools etc., and no other unauthorized person must be allowed to
touch these.
a. ELECTRICALLY OPERATED HAND TOOLS

All electrically operated hand tools will be periodically inspected by the Contractor and properly
earthed prior to their use.
b. FUSES AND EQUIPMENT BELONGING TO THE PROJECT

In no circumstances shall be Contractor tamper with the fuses and electrical equipment belonging to
the Developer.
c. CONNECTIONS TO DEVELOPER/DEVELOPER‟S POWER SOURCES

Before the Contractor connects any electrical equipment to any power source belonging to the
Developer, if available, he shall:
i. Satisfy the Developer that the equipment is in good condition.
ii. Inform the Developer, in writing, of the maximum current required and the voltage
and phase of the equipment.
iii. Obtain the written permission of the Developer detailing the power sources to which
the equipment may be connected.
iv. satisfy the Developer that the cabling to all equipment are of adequate sizes for the
power required, have earth conductors in addition to metallic armouring overalls and fitted with
suitable connections.
v. satisfy the Developer that any electrical distribution system which he proposes to
install and any electrical equipment which he proposes to use will not endanger persons or properly.
d. CARE OF CABLE

No electric cable which is used by the Developer shall be disturbed without prior permission of the
Developer. No weight of any description shall be imposed on any such electric cable nor any staging,
ladder or similar equipment shall rest against or be attached to it.
e. DRILLING HOLES ETC

Contractors shall not drill or cut any plant, structure or building floor for fixing cable racks etc.,
without the permission of the Developer.
f. DANGER NOTICE
While working or circuits having voltage over 230 V suitable warning labels should be posted, such as
"Danger-440 V Work in Progress".
g. CARE OF EQUIPMENT
No totally enclosed electrical equipment shall be left open or unsecured at the end of the day's work.
h. WORK AT NIGHT
Contractor's employees will not be allowed to work on energized circuits at night unless special
permission to the contrary has been obtained from the Developer.
16. RULES FOR CONTRACTORS WORKING AT THIS SITE

a. Observance of Rules
The Contractor shall explain to each of his employees/sub-contractors, the Site Rules in a language
understood by the employees. The Contractor shall be responsible for the compliance by his employees
and those of his sub-contractors with the Site Rules and must ensure their compliance without fail.
17. ACCESS TO SITE

a. Control at Gates
Access to the Site shall be through specified gates only. All Contractors‟ employees shall be subject to
security control and submit to search. The control will be operated by watchmen engaged on behalf of
the Developer and posted at the gates.
b. Identification of Contractors/Sub-Contractors and their employees

The Contractor shall arrange to issue a token to be specified by the Developer to each of his workers.
The Contractor shall also issue an identification card with photograph affixed to each of his
employees/workers as per approved specimen. Access to the Site will be allowed only on production of
the token and the identification card, as the case may be. The Contractor must ensure that their
employees/workers display the tokens on their person and carry their identity cards at all times while
in the Project Site.
c. Withdrawal of identification Cards

When a person ceases to be employed by the Contractor, or his entry into the site becomes forbidden,
the Contractor shall withdraw the token and the identification card from such person and confirm to
the Developer his having done so for security reasons, so that the Developer may in turn inform the
Developer/Developer's security.

18. CONTRACTORS OBLIGATIONS UNDER STATUTORY LAWS

a. Covering Employment of workers
i. The Contractor shall abide by and follow Employees‟ State Insurance Scheme as
applicable and as in force from time to time governing the employment of labour, benefits and
amenities, protection of health, safety, payment, compensation etc., which are to be provided to the
workers. In particular they must ensure compliance of the provisions of the Contract Labour
(Regulation and Abolition) Act, 1970 and Rules framed there under as applicable. The Contractor shall
indemnify the Developer from any claims made by his sub-contractors' employees under these rules,
acts, regulations and/or ordinance etc.
The Developer reserves the right to withhold payments to Contractors and/or sub-contractors in the
event the above requirements are not complied with.
ii. Consistent with the requirement of Contract Labour (Regulation and Abolition) Act 1970
and Rules framed there under or otherwise when required by the Developer, the Contractor shall
deliver to the Developer or at his office a Return or returns in such form/forms and at such intervals as
may be prescribed showing in detail the names of the individuals and the numbers of the several
categories of labour engaged by the Contractor/Sub-Contractor on the Project Site from time to time
and such information in respect of the construction of the plant as the Developer may require, besides
statutory and other information as may be required from time to time. In this connection the
Contractor shall maintain such Register and issue such Employment Card and Service Certificate to its
works, as also maintain such Muster Roll and Register of wages etc., in such forms as may be prescribed
and required of him by law or otherwise by the Developer.
19. HOURS OF WORKS
The Contractor must ensure that their employees conform to such timings (starting, finishing and meal
breaks) as prescribed by law for the time being in force and observe such norms and rules of discipline
on the Site as may be specified by the Developer. While working outside the normal working hours
prior written permission of the Developer is required even though such working may be within the
framework of law for the time being in force.
20. STORAGE & CARE OF MATERIALS

i. The Contractor shall store his plant and materials only in areas allocated to him by the
Developer.
ii. The Contractor shall be solely responsible for the care of all his plant, tools and
materials and shall make no claim on Developer for any loss or damage thereto caused by whatever
source or reason.
iii. The Contractor shall be responsible for keeping the site clear and tidy to the entire
satisfaction of the Developer, Pieces of wood, packing box, timber, shuttering planks, brickbats,
excavation spoil, etc. will not be allowed to remain scattered on the site. Such and any other rubbish
must be disposed of as they arise in a manner as approved by the Developer
21. REMOVAL OF MATERIALS ETC. FROM SITE

i. No plant, tools or materials, whether belonging to the Contractor or otherwise, shall be
removed from the site unless a pass for it has been issued by the Developer.
ii. All loads leaving the factory shall be subject to examination by security staff deployed
on Developer, even if this necessitates unloading and re-loading, at Contractor's cost.
iii. The Contractor shall not take away from the site any samples, plans or drawings which
are the property of Developer.
22. PARKING OF VEHICLES

The Contractor or his employees shall park their vehicles, including personal cars, only in areas
allocated by the Developer. Parking of vehicles at any other place shall not be permitted.
23. WASTAGE OF WATER

If Developer provides water to the contractor or otherwise, the Contractor shall ensure that no water is
wasted in any manner. He shall use press-type taps if the Developer so directs, prevent loss of water
arising from his employees leaving the taps open.
24. EATING AT SITE

The Contractors shall ensure that their employees take their food only at specified places to be
notified by him. Eating on the job site shall not be permitted.
25. LIVING ON SITE

Contractor's employees will not be allowed to live on the site without prior permission of the
Developer. The overall security of the entire site will rest in Watch and Ward deployed on Developer's
behalf and no employee of the Contractor shall be allowed to remain on the site without the prior
permission of the Developer, this does not exempt Contractor from making the security arrangements
as mentioned in the Contract Data sheet. Distance between labour camp & site if it is more than 1 Km
then contractor will have to provide transport facility for the workmen.
26. INFECTIOUS DISEASE

The Contractor shall report to the Developer any cases of infectious disease amongst his employees and
shall immediately remove such cases from the Site.
27. ACCIDENTS
All accidents to Contractor's employees or to any other person in the Project Site must be reported to
the Developer immediately by the Contractor. The Contractor shall be responsible for complying with
all statutory requirements in case of any accident involving his employees.
28. RULES FOR CONTRACTOR‟S EMPLOYEES

i. Materials taken from the Site
A Contractor's employee must not take any material out of the site, except with the written permission
of the Developer.
ii. Searching by Security Staff deployed on Developer/Developer's behalf
Members of the Security Staff at the gate and elsewhere have been authorized to search any person
entering or leaving the site or during working hours and also examine any vehicle, locker, bag, basket,
can, parcel, or other container in the possession of any person on the Site.
iii. Photographs
Taking of photographs of anything in the Work Site is strictly prohibited. However photographs showing
progress of works may be taken by Contractor unless noted otherwise.
iv. Intoxicating liquor and Drugs and disorderly behaviour
Anybody under the influence of intoxicating liquor or drugs shall be refused admittance or may be
ordered for eviction from the site, and the Contractor shall ensure his removal.
v. Traffic Rules

A Contractor's employee must, while on site, observe the ordinary rules of the road. These are the
same as those in general use outside the site, including the use of lights at night. He must observe any
speed limits and special traffic rules imposed inside the site. He must, when cycling, keep to the
roadway. A bicycle shall not carry more than one person at a time.
29. PRIVATE TRADING

A Contractor's employee must not conduct any form of private trading including money lending on the
Site.
30. GENERAL
i. Unless otherwise specified and agreed to in writing by the Developer, all expenses etc.,
involved in observing the provisions/conditions laid down in these Site Rules and/or covered by
statutory requirements, will be to the account of the Contractors and no reimbursement etc., will be
made by the Developer.
ii. The Developer will fully stand indemnified against any statutory or other lapses on
Contractor's part, claims arising from his employees, suppliers etc., not only during the tenure of the
Contract, but also for statutorily allowed interval after termination of the contract/work.
iii. The Developer reserves the right to amend or delete any of the above clauses or add
new clauses, as and when deemed necessary by them and these will be binding on the Contractor.


APPENDIX C
Appendix C Page 168 of 291 Seal & Signature of Bidder

PRO-FORMA OF DECLARATION / UNDERTAKING BY THE CONTRACTOR OF STATUTARY RULES AND

REGULATIONS
(IN DUPLICATE)
(Note: First copy to be submitted to Developer Second copy (Also originally signed) to be submitted
to Engineer.)
1. We ________________________ having our Registered office at __________________ have

been awarded the Work for _______________work order / LOI No. ______________ dated
____________
2. We state that we have obtained the Registration from commissioner of labor /

________________________ on _______ we have paid the necessary charges & deposit in respect of
the same. The license is valid for employment of _______________ (Number) Labor till _____________
(date). A copy of License issued / Amount deposited is enclosed for ready reference.
a. We state that we have obtained a contractor all risk policy for Rs. __________________
being the value of contract awarded. The policy is valid till _________________ (3 months beyond
contract completion date) copy attached.
We have obtained an Insurance policy for third policy Insurance for a value of Rs. ------ Lakhs per
accident. Policy is valid till ________________ (3 months beyond date of completion) copy attached.
We have obtained a work men's compensation policy for ________________ workers valid till
_____________ (3 months beyond date of completion).
3. a. We have obtained Registration under Employees State Insurance Scheme & our
Registration number is ______________ copy of Registration Certificate attached.
b. We have obtained Registration under Employees Provident Fund Scheme & our Registration
number is ___________________
(OR)
We have hereby authorized you to make deductions from our running account bill / final bills/ any
money due to us towards our liability under ESIC / PF scheme contribution.
We hereby undertake to scrupulously follow the provision under various state Government AND / OR
Central Government Acts & Rules including provisions under minimum wages acts / payment of wages
act / work men's compensation act / payment of bonus act / ESIC act & rules / P.F. act & rules etc. &
indemnity M/s. __________ in respect of any loss, claim, damage or compensation payable to our
workers.
We further declare that till date we have fulfilled & discharged all the obligations under contract
labor (Regulation & Abolition Act) & other relevant acts/regulations and we have fully paid to all labor
/ work men employed directly / through subcontractors in connection with Work executed under work
order No. ___________all their dues of wages, allowances, compensation or any other amount due to
the work men till date / till _______________ due under statutory regulations and no dispute is
pending in respect of wages / allowances of any worker.
___________________________
Name of the person signing
Designation

Name & Address of the Company

With rubber stamp

APPENDIX D
LIST OF FIELD LABORATORY EQUIPMENTS
Appendix D Page 171 of 291 Seal & Signature of Bidder

LIST OF FIELD LABORATORY EQUIPMENTS
The following items of laboratory equipment shall be provided in the field laboratory. The
requirements indicated herein are minimum and any additional items or increase in the requirement
shall be arranged as the need arises at site during execution of Work at no additional cost to
Developer.
General
Sr.No. Description Quantity

Oven - Electrically operated, thermostatically controlled, range upto 200 Deg. C
1. 1 No
sensitivity 1 Dec. C
2. Platform balance 300 Kg. capacity 1 No
3. Electronic Balance 5 Kg. capacity accuracy 0.5 gm 1 No
4. Electric hot plate 1 No
Glasswares, spatulas, wire gauzes, steel scales, measuring tape, casseroles, karahis,
5. enamelled trays of assorted sizes, pestle- mortar, porcelain dishes, gunny bags, 1 Set
plastic bags, chemicals, digging tools like pickaxes, shovels etc
Set of IS sieves with lid and pan:
450 mm diameter
 63 mm, 53 mm, 37.5 mm, 26.5 mm, 13.2 mm,
6.  9.5 mm, 6.7 mm and 4.75 mm size 1 Set
200 mm diameter
 2.36 mm, 2.0 mm, 1.18 mm, 600 micron, 425 micron,
 300 micron, 150 micron and 75 micron
For soils and aggregates:

1. Riffle Box 1 No
Compaction Test Equipment both 2.5 Kg and 4.5 Kg rammers (Light and Heavy
2. 1 Set
compactive efforts)
3. Dry Bulk Density Test apparatus (sand pouring cylinder, tray can etc) complete. 1 Set
4. Core cutter apparatus 10 cm dia. 10/15 cm height, complete with dolly, rammer etc. 1 Set
5. Aggregate Impact Value Test apparatus / Los Angles Abrasion Test apparatus 1 Set
6. Flakiness and Elongation Test Gauges 1 Set
7. Standard measures of 30, 15 and 3 liters capacity along with standard tamping rod. 1 Set
For Concrete:
1. Cube testing machine 200 Ton capacity 1 No.

2. Slump Test apparatus with tamping rod 3 Nos.
A set of standard sieves 300 mm dia. G.I. (for 40 mm, 25 mm, 20 mm, 16 mm,
3. 1 Set
12.5mm, 10 mm and 4.75mm)
Set of standard Sieves – Brass 200 mm dia. (4.75 mm, 2.35 mm, 1.18 mm 600
4. 1 Set
microns, 300 microns, 150 microns
5. Measuring cylinder – Polypro final 1000 ml. 250 ml. And 100 ml. Capacity 1 Sets
6. Vicat needle apparatus with dashpot 1 No.

3 Nos.
7. Mortar Cube Moulds 7.07cm x 7.07cm x 7.07cm
(Minimum)
6 Nos.
8. Concrete cube Moulds 15cm x 15 cm x 15 cm
(Minimum)
NOTE:
The items and their numbers listed above is indicative and shall be modified further and added
accordingly to project requirement & site conditions

FORM-1
PROFORMA OF CONTRACT AGREEMENT
Form-1 Page 174 of 291 Seal & Signature of Bidder

FORM-1
PROFORMA OF CONTRACT AGREEMENT
This Agreement made on the __________________day of ______________________ 20__.
Between A company incorporated under the Companies Act, 1956 and having its
corporate office at “__________________________.” (hereinafter called “the Developer") of the one
part and M/S _____________________________________ of
_______________________________________________ (hereinafter called “the Contractor") of
the other part.
And whereas the Developer, has appointed _________________________________________, having

office at __________________________________________________________________, as „PMC‟.
(Herein after referred to as ______) _______ on behalf of Developer will manage the entire project
development activities and will be the single point of contact”.
Whereas the Developer desires that the Works known as Proposed Aaravalli Bunglow‟s Project should
be executed by the Contractor, and has accepted a Tender by the Contractor for the execution and
completion of such Works and the remedying of any defects therein.
The Developer and the Contractor agree as follows:
1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract hereinafter referred to.
2. The following documents shall be deemed to form and be read and construed as part of this
Agreement:
a) Contract Agreement, if any
b) Work Order
c) Letter of Award / Letter of Intent
d) Bid Form
e) Addenda issued, if any
f) General Conditions of Contract,
g) Contract Data ,
h) Appendices A to G
i) Form No. 1 to 13
j) Technical Specifications & Tender Drawings
k) Bill of Quantities along with preamble
l) In consideration of the payments to be made by the Developer to the Contractor as
hereinafter mentioned, the Contractor hereby covenants with the Developer to design, execute and
complete the Works and remedy any defects therein, fit for purpose in conformity with the provision of
the Contract.
3. The Developer hereby covenants to pay the Contractor, in consideration of the design,
execution and completion of the Works and the remedying of defects therein, the Contract Price or
such other sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract.
IN WITNESS WHEREOF the parties hereto have hereunder set their hands the day and year first above
written.

THE DEVELOPER THE CONTRACTOR

Signed on this date
Name Name
Designation Designation
Signature Signature
Company Stamp Company Stamp
WITNESSED BY ENGINEER: WITNESSED BY:
Name Name
Signature


FORM NO. 2
PROFORMA OF NON-DISCLOSURE (CONFIDENTIALITY) AGREEMENT

CONFIDENTIALITY AGREEMENT
BETWEEN
“NISHANT CONSTRUCTION PVT LTD”
AND
_____________________________________ (BIDDER)
Reference: Tender Documents of Proposed Commercial Building
Interpretation – definitions are at the end of this Agreement
Receiver Name :
Country of : India
Incorporation
Address :
Discloser Name : Nishant Construction Pvt Ltd
Country of : India
Incorporation
Address 801-802, Regency Plaza,
Opp. Rahul Tower,
Express Purpose
Date of The date that the last party signs this Agreement: see signing
Agreement page

BACKGROUND
Receiver wishes to obtain from the Discloser, the information that is confidential to the Discloser. The
Discloser has agreed to disclose Confidential Information to Receiver for the Express Purpose on the
terms of this Agreement.
CONFIDENTIALITY
Treatment of Confidential Information
Receiver must not, without the consent of the Discloser:

Disclose or publish the Confidential Information; or
Reproduce in any form any part of a document or other record which contains, is based on or utilizes
the Confidential Information, other than for the Express Purpose.
Ownership of Confidential Information
All Confidential Information disclosed remains the exclusive property of the Discloser.
PERMITTED USE AND DISCLOSURE
Use for Express Purpose
Receiver and its Affiliates and Representatives may use the Confidential Information for the Express
Purpose only.
Incorporation of Confidential Information in documents
Receiver and its Affiliates and Representatives may prepare documents incorporating part of the
Confidential Information for the Express Purpose only.
Disclosure
Receiver shall keep all Confidential Information of the Discloser secret and confidential and shall not
disclose such Confidential Information to anyone except to its Affiliates and Representatives in
connection with the Express Purpose who, prior to the disclosure of any Confidential Information:
 have a specific need to have access to the Confidential Information for the Express Purpose;
and
 have been informed by Receiver that they owe a duty of confidence to the Discloser in terms
of this Agreement and are bound to observe it.
 Neither the Receiver nor its Affiliates and Representatives will use any of the Confidential
Information for any other purpose whatsoever except in respect of the Express Purpose.
LIMITATIONS
The provisions of this Agreement do not extend to any of the Confidential Information which:
 is in or becomes part of the public domain other than as a result of a breach by Receiver, its
Representatives and / or its Affiliates as per this Agreement;
 was known to Receiver at the time of disclosure of the Confidential Information;
 becomes known to Receiver on a non-confidential basis from any third party, who is not bound
by obligations of confidentiality in respect of such information;
 was independently developed by Receiver, an Affiliate of Receiver or a Representative without
use of and / or reliance on the Confidential Information; or
 is required by any law or any order of any court, tribunal, authority, regulatory body or stock
exchange to be disclosed, in which case Receiver will provide the Discloser with prompt prior notice of
such requirement so that the Discloser may seek a protective order or other appropriate remedy.
Receiver will furnish only that portion of the Confidential Information which it is legally obliged to

provide and will ensure that confidential treatment is accorded to the Confidential Information so
disclosed by Receiver.
Return or Destruction of Confidential Information
Return or destruction
If requested by the Discloser, Receiver must:

(a) at its option, either return to the Discloser or destroy all documents containing any
Confidential Information, all documents referred to in clause 2.2 and any copies of those documents;
and
(b) to the extent practicable, remove from electronic storage all Confidential Information,
including Confidential Information which is combined with other information.
Right to retain
Notwithstanding clause 4.1, Receiver may retain one copy of the Confidential Information for its
corporate governance purposes.
No release
Action by Receiver under clauses 4.1 or 4.2 does not release Receiver or its Affiliates or
Representatives from their obligations under this Agreement.
Term of Agreement
Receiver agrees to observe the obligations of confidentiality expressed in this Agreement for 1 (one)
year from the date of receipt of the Confidential Information. This clause survives termination of this
Agreement.
Miscellaneous
Governing law
This Agreement is governed by the laws in force in India. Each party submits to the non-exclusive
jurisdiction of the courts at Mumbai.
Amendments
This Agreement may only be amended in writing by the mutual agreement of the parties.
No waiver
The failure or delay of a party to exercise its rights will not be a waiver of its rights.
Assignment
Neither party may assign any of its rights or obligations under this Agreement without the consent of
the other party (such consent not to be unreasonably withheld).
Interpretation
Definitions
These meanings apply unless the contrary intention appears:
An Affiliate of a specified person shall mean a person that directly or indirectly through one or more
intermediaries, controls or is controlled by, or is under common control with, the person specified.

Confidential Information means:
financial, commercial or proprietary information about the Discloser and its Group Companies and their
respective properties, businesses and affairs including but not limited to capital structure,
shareholding, directors, expansion and growth plans, future expectations, corporate and business
strategy, contractual relationships and key terms thereof, project portfolios, past track records,
organizational structure, management team and their profile, managerial and technical bandwidth,
internal processes, due diligence and project / pre-bid screening processes, agents, contractors,
advisors, clients, suppliers, marketing and bidding strategies, sources of funds, financing mix,
synergies, financing documents and banking relationships.
Any oral communication, documents or other information (whether on computer disk, visual
presentation, handwritten or printed documents or otherwise) provided by the Discloser to Receiver,
its Affiliates or its Representatives in connection with the Express Purpose; and
The fact that the Discloser and Receiver are working, considering, negotiating or evaluating in
pursuance of the Express Purpose.
Representative means and includes director, officer, employee, adviser, consultants, agent, potential
debt financiers or equity co-investors of Receiver or an Affiliate of Receiver, and funds managed or
advised by Receiver or an Affiliate of Receiver and other representatives that need to know the
information in connection with the Express Purpose.
References to certain general terms
Unless the contrary intention appears, a reference in this Agreement to:
a document includes any computer program, circuit, circuit layout, drawing, specification, material,
record and any other means by which Confidential Information may be stored or reproduced;
anything (including any right) includes a part of that thing;
a group of persons or things is a reference to any two or more of them jointly and to each of them
individually;
the word “including” when introducing an example, does not limit the meaning of the words to which
the example relates to that example or similar examples;
the singular includes the plural and vice versa; and

consent means prior written consent.
EXECUTED by the parties as an Agreement.
SIGNED for and on behalf of SIGNED for and on behalf of Nishant Construction
____________________ (Bidder) by its duly Pvt Ltd by its duly authorised representative in the
authorised representatives: presence of:
_______________________________
Authorised Representative‟s signature
Authorised Representative‟s signature
_____________________________
Authorised Representative‟s office [•]
Authorised Representative‟s office
________________________________
Authorised Representative‟s full name [•]
Authorised Representative‟s full name

________________________________
Round Seal __________________________________
Round Seal
Date

FORM-3
PROFORMA OF BANK GUARANTEE FOR EARNEST MONEY DEPOSIT

FORM-3
(On Non-judicial stamp paper of appropriate value)
Reference: Bank Guarantee No.: Date:
Nishant Construction Pvt Ltd.

Opp. Rahul Tower,
WHEREAS M/s ------------------------ (Contractor‟s firm name and address) hereinafter called the
Bidder has represented to us that they intend to participate in the Bid for “_____________”
(DETAILS THE BID TO BE INSERTED)
AND WHEREAS under the terms thereof, as represented by the Bidder and as verified by us, an
irrevocable Bank Guarantee for Earnest Money Deposit for an amount of Rs. ___________ (Rupees
_____________ only) is required to be submitted by the Bidder as a condition precedent for
participation in the said Tender, which amount is liable to be forfeited on the happening of any of the
events, contingencies mentioned in the Bid Document, of which we are aware;
We, -------------------------- (Bank name and address), hereby agree, guarantee and undertake that we
shall, forthwith, immediately upon receipt of written intimation/ demand/letter/ claim from you
addressed to the Bank, pay to M/s. Nishant Construction Pvt Ltd (hereinafter known as
“Developer”) without any deduction, reservation, protest, demur, delay or reference to the Bidder ,
the aforesaid sum of Rs. _____________. The demand made by you as aforesaid shall be deemed to be
valid, legal, enforceable, conclusive and binding on us and the aforesaid amount of Rs. _____________
shall be paid to you immediately, irrespective of and notwithstanding any dispute or demand to the
contrary made/raised by the Bidder or the issue of any instructions to the contrary issued by the
Bidder.
We further undertake and agree that we shall make payment to you of the aforesaid amount of Rs.
_____________ immediately upon demand being made, as aforesaid, without in any manner referring
to or seeking consent of or instructions from the Bidder and without in any manner, explicitly or by
conduct, issuing notice of our intent to honor our commitment under this guarantee.
THE CONDITIONS of this obligation are:
1. If the Bidder withdraws its tender during the period of tender validity specified by the Bidder
on the Tender Form; or
2. If the Bidder, having been notified of the acceptance of its tender by M/s. “Nishant
Construction Pvt Ltd” or their authorized representative during the period of tender validity:
(a) Fails or refuses to execute the Contract Form if required; or

(b) Fails or refuses to furnish the Performance Bond, in accordance with the Bid requirements;

we undertake to pay “Developer” or their authorized representative up to the above amount upon
receipt of its first written demand, without “Developer” or their authorized representative having to
substantiate its demand, provided that in its demand “Developer” or their authorized representative
will note that the amount claimed by it is due owing to the occurrence of one or both of the two
conditions, specifying the occurred condition or conditions.
This guarantee shall be irrevocable and shall remain valid up to 90 days from the date of submission
of tender, and inclusive of the close of working hours on ___________ ( date )_. If any extension of
this guarantee is required the same may be extended by us for such required period on receiving
instructions from Bidder on whose behalf this guarantee is issued.
IN WITNESS WHEREOF the Bank, through its authorized Officer, has set its hand and stamp on this
(date) (month) ------- at _____________ (City Name).
DATE : SEAL OF THE

BANK
AND AUTHORISED
SIGNATURE

FORM-3

FORM-3

Opp. Rahul Tower,
WHEREAS M/s ------------------------ (Contractor‟s firm name and address) hereinafter called the
Bidder has represented to us that they intend to participate in the Bid for “_____________”
(DETAILS THE BID TO BE INSERTED)
AND WHEREAS under the terms thereof, as represented by the Bidder and as verified by us, an
irrevocable Bank Guarantee for Earnest Money Deposit for an amount of Rs. ___________ (Rupees
_____________ only) is required to be submitted by the Bidder as a condition precedent for
participation in the said Tender, which amount is liable to be forfeited on the happening of any of the
events, contingencies mentioned in the Bid Document, of which we are aware;
We, -------------------------- (Bank name and address), hereby agree, guarantee and undertake that we
shall, forthwith, immediately upon receipt of written intimation/ demand/letter/ claim from you
addressed to the Bank, pay to M/s. Nishant Construction Pvt Ltd (hereinafter known as
“Developer”) without any deduction, reservation, protest, demur, delay or reference to the Bidder ,
the aforesaid sum of Rs. _____________. The demand made by you as aforesaid shall be deemed to be
valid, legal, enforceable, conclusive and binding on us and the aforesaid amount of Rs. _____________
shall be paid to you immediately, irrespective of and notwithstanding any dispute or demand to the
contrary made/raised by the Bidder or the issue of any instructions to the contrary issued by the
Bidder.
We further undertake and agree that we shall make payment to you of the aforesaid amount of Rs.
_____________ immediately upon demand being made, as aforesaid, without in any manner referring
to or seeking consent of or instructions from the Bidder and without in any manner, explicitly or by
conduct, issuing notice of our intent to honor our commitment under this guarantee.
THE CONDITIONS of this obligation are:
1. If the Bidder withdraws its tender during the period of tender validity specified by the Bidder
on the Tender Form; or

2. If the Bidder, having been notified of the acceptance of its tender by M/s. “Nishant
Construction Pvt Ltd” or their authorized representative during the period of tender validity:
(a) Fails or refuses to execute the Contract Form if required; or

(b) Fails or refuses to furnish the Performance Bond, in accordance with the Bid requirements;
we undertake to pay “Developer” or their authorized representative up to the above amount upon
receipt of its first written demand, without “Developer” or their authorized representative having to
substantiate its demand, provided that in its demand “Developer” or their authorized representative
will note that the amount claimed by it is due owing to the occurrence of one or both of the two
conditions, specifying the occurred condition or conditions.
This guarantee shall be irrevocable and shall remain valid up to 90 days from the date of submission
of tender, and inclusive of the close of working hours on ___________ ( date )_. If any extension of
this guarantee is required the same may be extended by us for such required period on receiving
instructions from Bidder on whose behalf this guarantee is issued.
IN WITNESS WHEREOF the Bank, through its authorized Officer, has set its hand and stamp on this
(date) (month) ------- at _____________ (City Name).
DATE : SEAL OF THE BANK

AND AUTHORISED SIGNATURE


FORM NO. – 4
PROFORMA OF BANK GUARANTEE FOR PERFORMANCE BOND

FORM NO. – 4
PROFORMA OF BANK GUARANTEE FOR PERFORMANCE BOND

Ref: Bank Guarantee No. Date:
In consideration of M/s. Nishant Construction Pvt Ltd (“Developer”), having its Corporate Office at
801-802, Regency Plaza, Opp. Rahul Tower, Near Anandnagar Cross Road, Satellite, Ahmedabad – 380
015. (hereinafter referred to as the “DEVELOPER” which expression shall unless repugnant to the
context include its successors in interest and assigns) having entered into a Contract No. _________
dated ___________ (hereinafter called the “CONTRACT” which expression shall include all the
amendments thereto) at ______________________ with M/s.------------------------------------------------
(Name and address of the Contractor)(hereinafter referred to as the “CONTRACTOR” which
expression unless repugnant to the context or meaning thereof, shall include its successors,
administrators, executors and assigns) and such Contract having been signed and accepted by the
Contractor at _________ for construction of ----------------------( Name of Work ), for the DEVELOPER
at ………………………………………………for --------- ( Name of Work ) for a value of Rs.___________________.
AND WHEREAS under the terms of the said contract, the Contractor is required to submit a
performance bank guarantee for the due, punctual, satisfactory and faithful performance of the
entire contract for a sum equivalent to __ % of the Contract Sum, We ,------------------(Bank Name
and Address)
(hereinafter referred to as the “Bank”) hereby agree, guarantee and undertake that we shall
forthwith, and immediately upon receipt of written intimation/demand/letter/claim from the
DEVELOPER addressed to the Bank, pay to the DEVELOPER without any deduction, reservation,
protest, demur, delay or reference to the DEVELOPER the aforesaid sum of Rs. ___________(Rupees
_________________________Only) irrespective of and notwithstanding any dispute or demand to the
contrary made/raised by the Contractor.
We further undertake and agree that we shall make payment to the DEVELOPER of the aforesaid
amount of Rs. __________ (Rupees _________________________________Only), immediately upon
demand being made, as aforesaid, without in any manner referring to, or seeking consent of or
instructions from the Contractor and without in any manner, explicitly or by conduct, issuing notice of
our intent to honour our commitment under this guarantee or on the issue of any instructions to the
contrary issued by the Contractor. Any such demand made by the DEVELOPER on the Bank shall be
conclusive, final and binding notwithstanding any difference between the DEVELOPER and the
Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any other authority or any
instructions, letter contrarily issued by the Contractor. We agree that the Bank Guarantee herein
contained shall be irrevocable and shall continue to be in force and enforceable till it is specifically
discharged by the DEVELOPER by issuance of a letter/certificate to such effect. No periodic renewal
by the bank shall be necessary.
The DEVELOPER shall have the fullest liberty, from time to time, without in any way affecting the
liability of the Bank under this Guarantee to extend the time for performance of the Contract by the
Contractor, or vary the terms of the Contract. The DEVELOPER shall have the fullest liberty without
affecting this Guarantee to postpone, from time to time, the exercise of power vested in them or of
any right which they might have against the Contractor and to seek compliance with any covenants
contained or implied in the Contract between the DEVELOPER and the Contractor or any other course
or remedy or security available to the DEVELOPER. Notwithstanding any such extension or variation,
the Bank shall not be released of its obligations as assumed under these presents by the exercise by
the DEVELOPER of any liberty with reference to matters aforesaid or any of them or by reason of any
act or forbearance or other acts of DEVELOPER or any other indulgence shown by the DEVELOPER to
the Contractor. We agree that irrespective of such extension of time or variation in contract, our

liability to pay the aforesaid amount of Rs. _______ (Rupees ________________________ Only)
without demur, objection shall continue to remain unaltered, enforceable and valid.
The Bank further agrees that the DEVELOPER, at its option, shall be entitled to enforce this Guarantee
against the Bank, without in the first instance proceeding against the Contractor or making any
demand upon the Contractor to pay and notwithstanding any security or other Guarantee that the
DEVELOPER may be possessed of in relation to the Contractor‟s liabilities, either in relation to this
agreement or otherwise and our liability to make unconditional payment on demand by the
DEVELOPER shall not be affected or diluted and shall remain valid, enforceable and unaltered.
We further agree that for the purpose of this Guarantee any notice issued to us by the DEVELOPER and
the amount claimed in such notice as being payable by the Contractor to the DEVELOPER shall be
deemed to be correct and shall not be disputed or questioned by us but shall be paid in the manner
herein before stated forthwith and without delay. We further agree that this guarantee shall not be
affected by any change in our constitution or that of the Contractor. We further undertake not to
revoke this guarantee during the period of its validity viz., till the DEVELOPER discharges us, in
writing, as aforesaid, notwithstanding any dispute, difference between the Contractor and ourselves
and our bankers‟ lien either general or particular in relation to the Contractor shall not include the
amount guaranteed to the DEVELOPER under this guarantee.
Notwithstanding anything contained herein:

1. Our liability under this guarantee shall not exceed Rs._________ (Rupees
________________________ only)
2. This Bank Guarantee shall be valid upto the date it is specifically discharged by the DEVELOPER
by issuance of a letter/certificate to such effect.
3. Our liability to make payment shall arise and we are liable to pay the guaranteed amount or
any part thereof under this guarantee, only, and only if you serve upon us a written claim or demand in
terms of the guarantee on or before the date the Bank Guarantee is specifically discharged by the
DEVELOPER.
Dated this the ________ day of ____________ (Month & year).
WITNESSES:
_________________ _________________
SIGNATURE SIGNATURE
_________________ _________________
NAME NAME
_________________ _________________
OFFICIAL ADDRESS (DESIGNATION WITH BANK STAMP)
___________ Attorney as per power of Attorney No __________dated: _____________

FORM No.5
PROFORMA OF BANK GUARANTEE FOR MOBILISATION ADVANCE

FORM No.5
PROFORMA OF BANK GUARANTEE FOR MOBILISATION ADVANCE
(On Non- judicial stamp paper of appropriate value)
In consideration of M/s. Nishant Construction Pvt Ltd (“Nishant”), having its Corporate Office at 801-
802, Regency Plaza, Opp. Rahul Tower, Near Anandnagar Cross Road, Satellite, Ahmedabad – 380 015.
hereinafter referred to as “Developer”) agreeing to pay to M/s.
____________________________________________ (hereinafter referred to as the Contractor ) a sum
of Rs._________ (Rupees ________________________________ only) as and by way of mobilization
advance in terms of Contract No : ____________dated ___________ for Waterproofing Works
(hereinafter referred to as Contract ) on production of bank guarantee by the contractor for Rs.
____________, We, (Name of bank______________________________________________(hereinafter
referred to as the “Bank”) do hereby covenant and agree with the Developer as follows:
1. We hereby affirm that we are responsible to the Developer to a total sum of

Rs._________________________ (Rupees ________________________ only).
2. Notwithstanding anything contained hereunder, we, (Name of

Bank)________________________________, hereby unconditionally and irrevocably undertake to pay to
the Developer to the extent of Rs._________________(Rupees ___________________________ only)
without any demur merely on a demand from the Developer stating that the amount claimed is due by
way of loss or damage caused to or suffered or would be caused to or suffered by the Developer by
reason of breach by the Contractor of any of the terms and conditions contained in the said contract.
Any such demand made on the bank shall be conclusive, final and binding as regards to the amount due
and payable by the bank under this guarantee. However, our liability under this guarantee shall be
restricted to an amount not exceeding Rs._________ (Rupees
__________________________________________________________________________only).
3. Our liability under this present guarantee is absolute and unequivocal and we undertake to pay
to the Developer the amount so demanded without seeking the consent of the Contractor and
notwithstanding the Contractor raising any dispute and / or disputes or filing any suit or proceeding
before any court or tribunal authority. The payment so made by us under this guarantee shall be a
valid discharge of our liability for payment hereunder and the Contractor shall have no claim against us
for making such payment.
4. Notwithstanding anything to the contrary, the Developer‟s decision as to whether the

Contractor has made any default or defaults and the amounts to which the Developer is entitled by
reason therefore shall be binding on us and we shall not be entitled to ask the Developer to establish
the claims under the guarantee but will pay the same on demand without any objection.
5. We, (Name of Bank________________________________), further agree that the guarantee

herein contained shall remain in full force and effect during the period that would be taken for the
performance of the said contract and that it shall continue to be enforceable till all the dues of the
Developer under or by virtue of the said contract have been fully paid and its claims satisfied or
discharged and till the Developer certifies that the terms and conditions of the said contract have been
fully and properly carried out by the said contractor and accordingly discharges this guarantee. Unless
a demand or claim under this guarantee is made on us in writing on or before _____________, we shall
be discharged from all liability under this guarantee thereafter.
6. This guarantee shall not be revocable by us except with the written consent of the Developer
and shall continue to be enforceable till ________________. Should it be necessary to extend this
guarantee beyond the said date, we undertake to extend the validity of this guarantee for further
period of ___ months, subject to the Developer giving in writing to us (Name of
Bank)______________________________________ the request for extension, and such extension shall
be given without any extra cost to the Developer on or before the expiry of the guarantee. If for any

reasons the extension is not granted after receiving written request from the Developer, the amount
covered under this guarantee shall forthwith become payable to the Developer, notwithstanding that
the contract is continuing and / or the Developer has or has not terminated the contract or preferred
any claim against the contractor.
7. We, (Name of Bank)______________________________________, further agree with the

Developer that the Developer shall have the fullest liberty without our consent and without affecting in
any manner our obligations hereunder to vary any of the terms and conditions of the said contract or to
extend time of performance by the said Contractor from time to time or to postpone for any time or
from time to time exercise any of the powers exercisable by the Developer against the said Contractor
and to forbear or enforce any of the terms and conditions relating to the said Contract and we shall not
be relieved from our liability by reason of any such variation, or extension being granted to the said
Contractor or any indulgence by the Developer to the said Contract or by any such matter or thing
whatsoever which under the law relating to sureties, would but for this provision, have effect of so
relieving us.
8. This Guarantee shall not in any way be affected due to change in our constitution or by the
Developer taking or varying or giving up any securities from the Contractor or any other person, firm or
Developer on its behalf or by change in the constitution, winding up, dissolution, insolvency or death as
the case may be of the Contractor.
9. In order to give full effect to the Guarantee herein contained the Developer shall be entitled
to act as if we are the principal debtors in respect of all claims of the Developer against the Contractor
hereby guaranteed by us as aforesaid and we hereby expressly waive all our right of surety ship and
other rights if any which are in any way inconsistent with the above or any other provisions of this
guarantee.
10. We, (Name of Bank)______________________________________, also undertake not to revoke

this guarantee during its currency except with the previous consent of the Developer in writing.
11. Notwithstanding anything contained herein above:
i. Our liability under this guarantee shall not exceed Rs._____________ (Rupees
______________________________________).
ii. This Bank Guarantee shall be valid up to and including __________________ and
iii. We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee
only and only if you serve upon us a written claim or demand on or before the expiry of this Bank
Guarantee.
Dated: the ______ day of ________ (month & Year)
SIGNATURE AND SEAL OF BANK
FULL ADDRESS OF THE BANK


FORM NO. 6
FORMAT OF THE BANK GUARANTEE FOR RELEASE OF RETENTION

FORM NO. 6
FORMAT OF THE BANK GUARANTEE FOR RELEASE OF RETENTION
THIS BANK GUARANTEE made on this ________________ (Date) between _____________

_____________________ (hereinafter referred to as the Surety), in favour of Nishant Construction Pvt
Ltd, a company incorporated under the Companies Act 1956, having its Corporate Office at 801-802,
Regency Plaza, Opp. Rahul Tower, Near Anandnagar Cross Road, Satellite, Ahmedabad – 380 015.
(hereinafter referred to as “Developer”).
In consideration of Developer having awarded the work of
_______________________________________________________________________________
(„Contract‟) to ______________________ ___________________, having its registered office at
____________________________ _______________________________ (hereinafter referred to as the
“Contractor”, which expression unless repugnant to the context or meaning thereof shall include all
its successors, administrators, executors and assigns), by way of an Order No. ______________ dated
________________, and the work having been unequivocally accepted by the Contractor, valued for
Rs.______________________ (Rupees ________ _____________________________________ only), and
Developer having agreed that the Contractor shall furnish to Developer a guarantee for the release of
the retention amount being deducted from the Running Account bills of the Contractor;
NOW THIS GUARANTEE WITNESSETH as follows:
In consideration of the Developer having agreed to release to the Contractor a sum of

Rs.__________________ (Rupees _______________________ only) being the Retention Money withheld
by the Developer while paying the Contractor‟s bills for the work of ____________________________
on the issuance by the Contractor to the Developer of a Bank Guarantee for Rs.______________
(Rupees _______________________ only), we, (Bank‟s Name & Address), the Surety, do hereby
Guarantee to the Developer, payment on demand and without any demur recourse or protest, a sum
of Rs.________________ (Rupees ___________________ only), subject to the following conditions:
1. This Guarantee shall remain in force and effect until _____ months from the date of issue i.e.
till (date) or such other extended time under the Contract.
2. The Surety hereby undertake not to revoke this Guarantee during its currency, except with
the previous consent in writing by the Developer and agree that any change in the constitutions of the
Developer, of the Contractor or of the Surety (Bank‟s Name & Address), shall not discharge the
liability of the Surety.
3. Notwithstanding anything contained herein before, our liability under this guarantee is
restricted to Rs.___________ (Rupees _________________________________ only) and it will remain
in force till the _________, ______ or such other extended time under the Contract. Unless a claim or
demand in writing is made against us under this guarantee before that date, all your rights under the
said guarantee shall be forfeited and we shall be relieved and discharged from all liability thereunder.
This guarantee shall automatically stand cancelled notwithstanding that the original guarantee
document may not be returned to us by you.
4. It shall not be necessary for the Developer to proceed against the Contractor before
proceeding against us and the guarantee herein contained shall be enforceable against the Surety
notwithstanding any security which the Developer may have obtained or obtain from the Contractor at
the time when proceedings are taken against us hereunder be outstanding and unrealized.

5. Notwithstanding anything to the contrary, Developer‟s decision as to whether the Contractor

has made any default or defaults and the amount to which the Developer is entitled by reasons
thereof will be binding on the Surety and any demand on the Surety shall be conclusive as regards the
amount due and payable by the Surety under this guarantee and Surety shall not be entitled to ask
Developer to establish its claims under this guarantee but will pay the same forthwith without any
objection.
6. Developer shall have fullest liberty without affecting in any way the liability of the Surety
under this guarantee from time to time to vary any of the terms and conditions of the Contract or to
extend time of performance by the Contractor to postpone for any time and from time to time any of
the powers exercisable by it against the Contractor either to enforce or forbear from enforcing any of
the terms and conditions governing the Contract or securities available to the Developer and the
Surety shall not be released from its liability under these presents or by reason of time being given to
the Contractor or forbearance, act or omission on the part of the Developer or any indulgence by the
Developer to the Contractor of any other matter or thing whatsoever, which under the law relating to
Sureties would but for this provision has the effect of so releasing the Surety from its liability.
In witness whereof, the Surety through its authorised representative, has set its hand and stamp on
this ____day of ___( Month & Year )
…………………………
(Signature of the Bank)

Place:
Date:


FORM NO.7
PROFORMA OF INITIAL COMPLETION CERTIFICATE

FORM NO.7
PROFORMA OF INITIAL COMPLETION CERTIFICATE
Contractor: ___________________________________
Address: _____________________________________
_____________________________________
Date of Completion: ____________________________

Dear Sir/s,
This is to certify that the following works viz.
Name of Work: __________________________________________
Work Order No: __________________________________________
Allocation: __________________________________________
Contract No.: __________________________________________
which was carried out by you is in the opinion of the undersigned complete in every respect on the
............ day of ............ ( month & Year ) in accordance with the terms of the Contract and you
are required to conform to the provisions of Defect Liability Period in accordance with the terms of
Contract and under the provisions of the Contract for a period of.........................
days/ weeks/ months/ years.
From the ...................day of................. (month & year )
To the.........................day of................. (month & year )
Signature (…………………………………)
(DEVELOPER‟S / PMC‟S REPRESENTATIVE
NAME _________________________________
DESIGNATION __________________________

OFFICIAL SEAL _________________________

FORM NO. 8
PROFORM OF CERTIFICATE OF FINAL COMPLETION

FORM NO. 8
PROFORM OF CERTIFICATE OF FINAL COMPLETION
To,
(Name and Address)
-----------------------------------------------
-----------------------------------------------
This is to certify that the following works viz.

Name of Work: _____________________________
Work Order No: _____________________________
Contract No: _____________________________
Resolution No. and Meeting No.: ______________
Allocation: _____________________________
Which was carried out by Mr./ Messrs. .................. is now complete in every respect in accordance
with the terms of the Contract and that all the obligations under Contract have been fulfilled by the
Contractor.
Signature (…………………………………)
(DEVELOPER‟S/ PMC‟S REPRESENTATIVE
NAME _________________________________
DESIGNATION __________________________
OFFICE SEAL ___________________________


FORM NO. 9
PROFORMA OF „NO CLAIM‟ CERTIFICATE FROM CONTRACTOR

FORM NO. 9
PROFORMA OF „NO CLAIM‟ CERTIFICATE FROM CONTRACTOR
To,
(Name and Address)
__________________
__________________
Dear Sir,
I/ We do hereby declare that I/ We have received full and final payment from Nishant Construction
Pvt Ltd for the execution of the following work, viz.
Name of Work: ____________________________

Work Order No: ____________________________
Contract No: ______________________________
Agreement No.: ____________________________ dated ______________
And I/ We have no further claim from Nishant Construction Pvt Ltd in respect of the above mentioned
job.
Your faithfully,
(Signature of Contractor)
Date: __________________________________
Name of Contractor: ______________________
Address: _______________________________
(OFFICIAL SEAL OF THE CONTRACTO

FORM NO.10
PROFORMA OF DECLARATION / UNDERTAKING BY THE CONTRACTOR
OF
STATUTARY RULES AND REGULATION

FORM NO.10
PROFORMA OF DECLARATION / UNDERTAKING BY THE CONTRACTOR OF STATUTARY RULES
AND REGULATIONS
(IN DUPLICATE)
(Note: First copy to be submitted to Developer Second copy (Also originally signed) to be submitted
to Engineer.)
1. We ________________________ having our Registered office at __________________ have
been awarded the Work for _______________work order / LOI No. ______________ dated
____________
2. We state that we have obtained the Registration from commissioner of labor /

________________________ on _______ We have paid the necessary charges & deposit in respect of
the same. The license is valid for employment of _______________ (Number) Labor till _____________
(date). A copy of License issued / Amount deposited is enclosed for ready reference.
a. We state that we have obtained a contractor all risk policy for Rs. __________________
being the value of contract awarded. The policy is valid till _________________ (3 months beyond
contract completion date) copy attached.
We have obtained an Insurance policy for third policy Insurance for a value of Rs. ------ Lakhs per
accident. Policy is valid till ________________ (3 months beyond date of completion) copy attached.
We have obtained a work men's compensation policy for ________________ workers valid till
_____________ (3 months beyond date of completion).
3. a. We have obtained Registration under Employees State Insurance Scheme & our
Registration number is ______________ copy of Registration Certificate attached.
c. We have obtained Registration under Employees Provident Fund Scheme & our Registration
number is ___________________
(OR)
We have hereby authorized you to make deductions from our running account bill / final bills/ any
money due to us towards our liability under ESIC / PF scheme contribution.
We hereby undertake to scrupulously follow the provision under various state Government AND / OR
Central Government Acts & Rules including provisions under minimum wages acts / payment of wages
act / work men's compensation act / payment of bonus act / ESIC act & rules / P.F. act & rules etc. &
indemnity M/s. __________ in respect of any loss, claim, damage or compensation payable to our
workers.
We further declare that till date we have fulfilled & discharged all the obligations under contract
labor (Regulation & Abolition Act) & other relevant acts/regulations and we have fully paid to all labor
/ work men employed directly / through subcontractors in connection with Work executed under work
order No. ___________all their dues of wages, allowances, compensation or any other amount due to
the work men till date / till _______________ due under statutory regulations and no dispute is
pending in respect of wages / allowances of any worker.
Name of the person signing

Designation

Name & Address of the Company

With rubber stamp

FORM NO. 11
PROFORMA OF LETTER OF COMPLIANCE AND CONFIRMATION OF CONSIDERATIONS

FORM NO. 11
PROFORMA OF LETTER OF COMPLIANCE AND CONFIRMATION OF CONSIDERATIONS
Date:
To,
Opp. Rahul Tower,
Sub: Compliance & confirmation of Considerations
Pursuant to Tender submitted on ______ and presentation given by us on ----------------------, we hereby

confirm the compliance to following points:
1. We confirm the minimum deployment of major Equipment and machinery but not limited to as
listed below.
a. _______________________________
b. _______________________________
c. _______________________________
d. _______________________________
2. We agree to adhere to all Approved Brands and Makes, Name of Specialist Vendors given in the
Tender document, if any.
3. We agree to complete and deliver the project mile stones as specified below:
------------------------------------------------
------------------------------------------------
------------------------------------------------
4. Confirmation for No Deviation to Developer‟s Requirement, terms and conditions of the tender
including issued addenda in its entirety.
5. Confirmation of responsibility for obtaining all approvals / permissions to be obtained by the
Contractor for satisfactory completion of Work under the Contract within the stipulated Time of
Completion
6. Name and CVs of the Key persons of the proposed site organization like Project Manager, Planning
Manager, Safety Manager, etc. with relevant experience are provided along with this confirmation.
7. We confirm to establish Project Specific Safety, QA/QC and HSE Plans for which Developer‟s
Approval has to be obtained prior to commencement of the activity.
8. We confirm to develop full-fledged Mock-up for all the activities and get Developer‟s / Developer‟s
Representative‟s approval prior to commencement of the activity.
9. We confirm to get Developer‟s /PMC‟s approval prior to commencement of the activity.
10. Names of Sub-Contractor/s and CVs of in-house personnel in respective trades shall be submitted.
Thanking you,

Yours Sincerely,
(Authorized Signatory)
Company Seal / Rubber Stamp

FORM 12
SCHEDULE OF PLANT AND EQUIPMENT
AND
CONTRACTOR'S SITE MANAGEMENT STAFF

SCHEDULE OF PLANT AND EQUIPMENT
The bidder must enter below particulars of plant he proposes to use on the works.
Period when available

from start of work
Year of Owned /
Description Capacity
Manufacture On Next Hired
Commencement Phase
Bidder hereby confirm that the quantity and type of Equipment they will employ for construction will not
be less than those listed above and agree to bring more equipment if so, warranted in the opinion of the
Developer.
Signature of Bidder.
Seal:

SCHEDULE OF CONTRACTOR'S SITE MANAGEMENT STAFF
Bidders must enter below the name, qualifications and experience of their key full time site personnel in
the proposed site organization.
Period when
Name Qualification Position Experience available from
start of Work
Signature of Bidder.
Seal:


FORM 13

(To be printed on letter head, signed & stamped)
To, Date:

Opp. Rahul Tower,
Kind Attn:Ms / Mr. ___________________________
Sub: Notice Inviting Bid for Waterproofing Works of Residential Building Ratnaakar Halcyon at
Anandnagar, Ahmedabad for Nishant Construction Pvt Ltd
Dear Sir,
We hereby, confirm that the rates quoted in our offer for above said subject work is fully in compliance
with tender conditions, technical specifications and drawings of tender issued and addenda issued till
date.
Thanking you,
For________________________
__________________________________
(Name of authorized Signatory)

VOLUME II - SECTION 7
TECHNICAL SPECIFICATION
Technical Specification Page 222 of 294 Seal & Sign of Bidder

Aravalli - Waterproofing Tender

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Aravalli - Waterproofing Tender

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Developer: Nishant Construction Pvt Ltd

Project: Ratnaakar Aravalli Bungalow, Shela, Ahmedabad

NOTICE INVITING BID

Notice Inviting Bid Page 1 of 291 Seal & Signature of Bidder

Kind Attn.:Mr. _________________

Contact details of the Developer, Project Management Consultant are as follows:-

Synergy Property Development Services

Telephone +91-79 26933158/40322400 +91-9833875022

Bid documents are enclosed along with this letter.

1.2 Amendment to Bid Document

1.3 Inspection of Site

Notice Inviting Bid Page 2 of 291 Seal & Signature of Bidder

Contact Person : Mr. Avinash Yekhande

Contact No : +91 8369499660

1.4 Pre-bid Meeting

Names of up to two persons attending to be given below:

1.5 Submission of Bids

1.5.1 Sealed Bids should be addressed to:

Nishant Construction Pvt Ltd

Nishant Construction Pvt Ltd

For Nishant Construction Pvt Ltd

Notice Inviting Bid Page 3 of 291 Seal & Signature of Bidder

Notice Inviting Bid Page 4 of 291 Seal & Signature of Bidder

Instructions To Bidder Page 5 of 222 Seal & Signature of Bidder

Special Conditions of Contract Page 6 of 291 Seal & Signature of Bidder

2.2. Site Address

3.1 Developer Scope of Work

3.2 Contractor Scope of Work

Special Conditions of Contract Page 7 of 291 Seal & Signature of Bidder

The scope of work includes, but is not limited to:

A. Supply, Application & Testing of Waterproofing works as mentioned below:

Special Conditions of Contract Page 8 of 291 Seal & Signature of Bidder

 Overhead Water Tank & Lift Pit & Raft Areas

B. Other Associated Ancillary works as mentioned below:

4. RESPONSIBILITIES OF THE BIDDER

Nishant Construction Pvt Ltd

5. DATA / ASSISTANCE / FACILITIES TO BE MADE AVAILABLE BY DEVELOPER

Special Conditions of Contract Page 9 of 291 Seal & Signature of Bidder

7. ONE BID PER BIDDER

9. CONTENTS OF BIDDING DOCUMENTS

Special Conditions of Contract Page 10 of 291 Seal & Signature of Bidder

VOLUME I – FORMS & CONDITIONS OF CONTRACT

SECTION 1 NOTICE INVITING BIDS

SECTION 2 INSTRUCTIONS TO BIDDERS

SECTION 3A GENERAL CONDITIONS OF CONTRACT

SECTION 3B SPECIAL CONDITIONS OF CONTRACT

SECTION 4 CONTRACT DATA

SECTION 6 SAMPLE FORMS

VOLUME II – TECHNICAL SPECIFICATION & TENDER DRAWINGS

SECTION 7 TECHNICAL SPECIFICATIONS, TENDER DRAWINGS

VOLUME – III: BILL OF QUANTITIES

SECTION 8 BILL OF QUANTITIES

9.2. Addenda, if any, will be supplied as per Clause 12.0.

11. CLARIFICATION OF BIDDING DOCUMENTS

12. PRE-BID MEETING

Special Conditions of Contract Page 11 of 291 Seal & Signature of Bidder

13. AMENDMENT OF BIDDING DOCUMENTS

14. LANGUAGE OF BID

15. DOCUMENTS COMPRISING THE BID

d) Bidder‟s Eligibility and Qualifications

f) Eligibility and Conformity of the Facilities

Special Conditions of Contract Page 12 of 291 Seal & Signature of Bidder

Documentary evidence established in accordance with Developer‟s Requirements that

15.3. Conditional Bid