Civil Tender Volume-1

Knexir Consultants Pvt. Ltd.
Consulting Engineers
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Website : www.knexir.in
M/s. Reckitt Benckiser (India) Pvt. Ltd.
TENDER DOCUMENT FOR CIVIL STRUCTURAL & INFRASTRUCTURALWORKS
Doc. No. KCPL:P1501 : 00: C12:102 Date 10.01.2020
Revision No. R0 Page No. Page 1 of 85
Tender Document
For
Civil, Structural and Infrastructure works
For PROPOSED HARPIC LINE EXPANSION & RELATED

FACILITY
For M/s. Reckitt Benckiser (India) Pvt. Ltd.
At Plot No. 176, (Unit I & Unit II) Sipcot Industrial Complex,
Hosur (Tamil Nadu)
January’ 20
Volume - I
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Chapter – 1: CONTENTS
Chapter – 1: CONTENTS.................................................................................................................2
Chapter – 2: TENDER NOTICE.........................................................................................................4
Chapter – 3: TENDER DOCUMENT ISSUE LETTER..........................................................................5
Chapter – 4: FORM OF TENDER.....................................................................................................6
Chapter – 5: INSTRUCTIONS TO TENDERERS.................................................................................8
Chapter – 6: SPECIAL CONDITIONS OF CONTRACT......................................................................11
1.0 GENERAL....................................................................................................................................................11
2.0 CONTRACTOR’S SCOPE OF WORK.............................................................................................................13
3.0 CONTRACTOR’S SCOPE OF SUPPLY............................................................................................................13
4.0 OWNER’S SCOPE OF WORKS.....................................................................................................................13
5.0 TIME SCHEDULE.........................................................................................................................................13
6.0 DELAY DAMAGES.......................................................................................................................................13
7.0 SITE CLEANING..........................................................................................................................................14
8.0 MEASUREMENT OF WORKS......................................................................................................................14
9.0 ON ACCOUNT PAYMENTS..........................................................................................................................14
10.0 ROUNDING OFF.........................................................................................................................................15
11.0 TAXES AND DUTIES....................................................................................................................................15
12.0 WORKS CONTRACT....................................................................................................................................15
13.0 INCOME TAX & CORORATE TAX.................................................................................................................15
14.0 REGISTRATION UNDER GOODS AND SERVICE TAX ACT.............................................................................15
15.0 LABOUR LAWS...........................................................................................................................................15
15A. COMPLIANCE WITH ENVIRONMENTAL LAWS...........................................................................................16
16.0 FIRM PRICE................................................................................................................................................16
17.0 ROYALTY.....................................................................................................................................................16
18.0 DRAWINGS AND SPECIFICATIONS.............................................................................................................17
19.0 UNDERGROUND AND OVERHEAD STRUCTURES.......................................................................................17
20.0 SURVEY AND LEVEL/SETTING OUT WORK.................................................................................................17
21.0 LEADS.........................................................................................................................................................17
22.0 STATUTORY APPROVALS............................................................................................................................18
23.0 LABOUR RELATIONS...................................................................................................................................18
24.0 EMPLOYMENT OF LOCAL LABOUR............................................................................................................18
25.0 CONTRACTOR'S LABOURERS TO LEAVE SITE ON COMPLETION OF THE WORK........................................18
26.0 TEMPORARY WORKS.................................................................................................................................18
27.0 SETTLEMENT OF DISPUTE.........................................................................................................................19
28.0 RESPONSIBILITY OF CONTRACTOR............................................................................................................19
29.0 QUALITY ASSURANCE SYSTEM..................................................................................................................20
30.0 SITE ORGANISATION..................................................................................................................................21
31.0 MECHANISED CONSTRUCTION..................................................................................................................21
32.0 TESTS AND INSPECTION OF WORKS..........................................................................................................21
33.0 FINAL INSPECTION.....................................................................................................................................22
34.0 COMPLETION DOCUMENTS......................................................................................................................22
35.0 COMPUTERISED CONTRACTOR'S BILLING SYSTEM...................................................................................23
36.0 HEALTH, SAFETY AND ENVIRONMENT (HSE) MANAGEMENT...................................................................23
37.0 COORDINATION WITH OTHER AGENCIES..................................................................................................23
38.0 SITE ESTABLISHMENT AND INFRASTRUCTURE..........................................................................................24
39.0 ELECTRICITY AND WATER..........................................................................................................................24
40.0 LAND FOR RESIDENTIAL ACCOMODATION................................................................................................24
41.0 FUEL REQUIREMENT OF WORKERS...........................................................................................................24
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42.0 ENTRY PASSES, GATE PASSE, WORK PERMITS & SAFETY REGULATIONS...................................................24
43.0 VENDOR LIST.............................................................................................................................................25
Chapter – 7 : GENERAL CONDITIONS OF CONTRACT...................................................................26
ARTICLE 1 - DEFINITIONS AND INTERPRETATION...........................................................................................26
ARTICLE 2 - CONSTRUCTION AND EXTENT OF CONTRACT.............................................................................28
ARTICLE 3 - DEPOSITS AND BANK GUARANTEES............................................................................................29
ARTICLE 4 - CONTRACT VALUE/PRICE AND TERMS OF PAYMENT...................................................................30
ARTICLE 5 - GENERAL OBLIGATIONS OF THE CONTRACTOR...........................................................................30
ARTICLE 6 - DUTIES AND POWER OF THE ENGINEER/ OWNER’S REPRESENTATIVE.......................................41
ARTICLE 7 - EXECUTION OF THE WORKS.........................................................................................................42
ARTICLE 8 - PROGRAMME AND COMPLETION OF WORKS.............................................................................52
ARTICLE 9 - THE OWNER’S OBLIGATIONS.......................................................................................................55
ARTICLE 10 - THE OWNER’S INSTRUCTIONS.....................................................................................................55
ARTICLE 11 - MEASUREMENT OF WORKS........................................................................................................57
ARTICLE 12 - CERTIFICATES & PAYMENTS.........................................................................................................57
ARTICLE 13 - MAINTENANCE & DEFECTS LIABILITY..........................................................................................63
ARTICLE 14 - GUARANTEES & LIABILITIES.........................................................................................................65
ARTICLE 15 - INSURANCE..................................................................................................................................66
ARTICLE 16 - FORCE MAJEURE..........................................................................................................................68
ARTICLE 17 - CONTRACTOR’S DEFAULT............................................................................................................69
ARTICLE 18 - SUSPENSION OF WORK...............................................................................................................70
ARTICLE 19 - OWNER’S LIEN OVER ALL MONEYS DUE TO THE CONTRACTOR.................................................71
ARTICLE 20 - ARBITRATION...............................................................................................................................72
ARTICLE 21 - TERMINATION..............................................................................................................................73
ARTICLE 22 - SECRECY/ IPR...............................................................................................................................77
ARTICLE 23 - NOTICES.......................................................................................................................................77
APPENDIX – A : SUMMARY OF CONTRACTUAL CONDITIONS......................................................78
Chapter – 8: LIST OF APPROVED MAKES/ AGENCIES...................................................................80
Chapter – 9: SCOPE OF WORK......................................................................................................82
Chapter – 10 : SCHEDULE OF LABOR RATES.................................................................................83
Chapter – 11 : LIST OF TENDER DRAWINGS.................................................................................85
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Chapter – 2: TENDER NOTICE
M/s. Knexir Consultant Pvt. Ltd. (KCPL), (Hereinafter referred as Consultant) for and on behalf of M/s.
Reckitt Benckiser (India) Pvt. Ltd., (RB) (hereinafter referred as Client) invites item rate tenders from
Competent agencies with sound technical as well as financial capabilities and having very good
experience in Civil, Structural and Infrastructural works for Proposed expansion of Harpic Line & related
facility for participating in tendering for the project of M/s. Reckitt Benckiser (India) Pvt. Ltd. at Hosur,
Tamilnadu.
Name of work Time of completion
Civil, Structural & Infrastructural Works for 5 Months shall be overall completion period.
Proposed Harpic Line Expansion & Related Intermediate milestone shall be met as per
Facility at Plot No. 176, (Unit I & Unit II) Sipcot project requirement.
Industrial Complex, Hosur, Tamilnadu.
Tender documents are available from M/s. Knexir Consultant Pvt. Ltd, B Wing, 1st Floor, LBS Marg,
Gandhinagar Junction, Vikhroli (W), Mumbai 400083, from 10.01.2020
Tender duly filled and signed shall be submitted in a sealed envelope on or before 17.01.2020- 5 pm to
the office address to
Mr. Prashant Jain, NPS Manager,

Plot No. 48, Sector - 32, Institutional Area, Gurgaon – 122001,
T +91 124 4028000 F +91 124 4340110
The Bidder needs to submit 3 PO copies of current year along with 2 years balance sheet along the
tender document.
The CLIENT reserves the right to reject any or all the tenders without assigning any reasons whatsoever.
Please acknowledge receipt and confirm your participation in this Bid by email or fax.
For KNEXIR CONSULTANTS PVT. LTD.
(AUTHORISED SIGNATORY)
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Chapter – 3: TENDER DOCUMENT ISSUE LETTER
One set containing copy of Tender Document Volume I & Volume II is enclosed herewith.
Name of the Tenderer ___________________________
Address of the Tenderer ___________________________
___________________________
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Chapter – 4: FORM OF TENDER
To,
Sub: Civil, Structural & Infrastructural works of Proposed Expansion of Harpic Line & Related
Facility at existing facility at Plot No. 176, (Unit I & Unit II) Sipcot Industrial Complex Hosur,
Tamilnadu.
Dear Sir:
1 We have visited the site and 6familiarized ourselves with site conditions, we have examined the
drawings, General Conditions of contracts, special conditions of contracts, technical
specifications, schedule of Quantities and all other documents forming part of tender
documents by virtue of their specific or implied mention in the documents for the construction
of above mentioned works. We hereby agree to undertake all works mentioned in tender
documents in conformity with said drawing, technical specifications and schedule of quantities
at rates mentioned there in.
2. We undertake to complete and deliver the whole of the works comprised in the Contract within
the time stated in the Appendix hereto.
3. If our Tender is accepted, we shall, when asked for obtain the performance bank guarantees for
the entire project durations as per approved format for due performance of contract as per
tender terms and conditions.
4. We agree to keep our offer valid for 90 calendar days from the date of submission of the offer.
5. Unless and until a formal agreement is prepared and executed this tender together with your
written acceptance thereof shall constitute a binding contract between us.
6. We understand that if our Tender is accepted, we are to be jointly and severally responsible for
the due performance of the contract.
7. We understand that you are not bound to accept the lowest or any tender you may receive.
8. We have not been disqualified or barred from participating in any government bids. We also
agree that if our representations are found to be false, Client reserves the right to invoke the
EMD.
Dated this ________________ day of ____________________ 20_____
Signature in the capacity of

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duly authorized to sign tenders for and on behalf of
(IN BLOCK CAPITALS)
Witness:
Signature __________________________ Address of ________________________
Name ______________________ Tenderer ________________________
Occupation __________________________
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Chapter – 5: INSTRUCTIONS TO TENDERERS
1. Before tendering the Tenderer’s shall visit the site and familiarize himself with the site conditions
including access to site, condition of existing structures, space for stacking of material & auxiliary
construction activity, availability of required construction materials locally etc. and also carefully
examine the conditions of contract, technical specifications (including drawing and other
specifications referred to therein), the schedules and the bill of quantities and if there any
ambiguity or discrepancy observed between any of these documents or between figured and
measured dimensions upon the drawings, he shall immediately refer the matter to the Client /
Consultant for clarifications. Non-familiarity with the site conditions shall not be considered a
reason either for extra claims or for not carrying out the work in strict conformity with the
drawings and specifications.
2. Timely completion of the works is the essence of this contract and the period specified for the
completion of the works from the date of Letter of Intent (LOI) must be adhered to as indicated.
Any deviation proposed shall be clearly mentioned. Commitment on early completion of work
shall be given due weightage while deciding on the tender. The contractor shall submit resource
planning in detail for timely completion of project.
3. The tenderer’ shall complete the annexed form of tender and fill in the rates and amounts in the
bill of quantities. He shall sign and date the tender documents in the spaces provided for the
purpose. The tenderer shall initial each page of tender documents & tender drawings.
4. The tender shall be signed by person or persons duly authorized by the Tenderer with signature
duly witnessed. In the case of a proprietary firm the tender shall be signed by the proprietor. In
case of a partnership firm the tender shall be signed by a partner duly authorized under
partnership agreement. In the case of a limited Company, the tender shall be signed by a person
holding Power of Attorney. In the case of a consortium authorized signatory of each member of
consortium. In case of a company, the tender shall be signed by a director on the board of the
company, duly authorized via a board resolution.
5. The tender shall contain an address for serving notices required to be served to the Tenderer in
connection with the Tender.
6. The tender form and the documents attached to it shall not be detached one from the other, and
no alteration or mutilation (other than filling in all the blank spaces) shall be made in any of the
documents attached hereto. Any modification proposed to the entries in the attached
documents shall be pointed out in the covering letter otherwise it shall not be entertained.
7. The rates quoted by the tenderer shall be inclusive of all applicable taxes as per the statutory law
of the central government, state government & local bodies. All taxes shall be summarised
separately for better clarity. In the event of any change in law, the Tenderer shall not have any
ground to request any change in the rates quoted and shall be bound by the quotation in the
tender so made.
8. The tender bid shall attached with the following information, schedules and drawings
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a. A construction program showing the Tenderer's proposed sequence of operations

together with the estimated time for each activity, including preparation of drawings if
any, construction/manufacture, delivery, erection and commissioning etc. The tenderer
shall submit bar chart for construction activities for each building along with the civil
tender. Tenderer shall attach the Safety plan, Safety policy of his organization and
supervisory personnel to ensure safe and accident free at site.
b. The tenderer's proposals for supervising the work, including the numbers and
experience of the various grades of supervisory personnel/officers for each month of
the construction period and name of the person proposed to act as site in charge with
brief details of his qualification & experience.
c. Schedule of labor requirements showing the total estimated labor force, for each
month of construction period.
d. Schedule of proposed sub-contractors/associates along with their Client profile and list
of projects executed.
e. Schedule of monthly electric power consumption including peak power requirement

where applicable and water consumption as applicable.
f. A list of subcontractors who shall be employed by him for any part of the work and
their capabilities and experience. The contractor agrees to withdraw any of the
subcontractors assigned by him if not approved by the Client’s Engineer.
g. Any special request or requirement.
9. The Client reserves the right to adjust arithmetical or other errors in the tender in accordance
with the following general rules. In the event of discrepancy between words and figures
quoted, the description in words shall prevail. Similarly in the event of an error in the amount
column arising as a result of wrong extension, the unit or item rates shall be regarded as firm
and extensions amended accordingly.
10. This is an item rate measurement contract based on priced Bill of Quantities. The item rates
shall be valid for the entire duration of the Contract (including Maintenance period). Tenderers
shall note that the prices and rates inserted in the Bill of Quantities are to be the full inclusive
value of the Works described under each item including all costs and expenses which may be
required in and for the construction of the Works described whether specifically mentioned or
not, together with all general risks liabilities and obligations set forth or implied in the
documents, on which the tender is based. The Client shall not be responsible for or pay for
expenses or losses which may be incurred by any Tenderer in the preparation and submission
of the Tender, or in any activity connected therewith. As soon as the successful tenderer is
advised of the award of the Contract to him all future expenses and all taxes etc. to be incurred
by him shall be deemed to be covered by the prices quoted in his Tender.
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11. Any Tenderer who may be in doubt as to the meaning of any part of the tender documents shall
at once notify the CLIENT/Consultant requesting written explanation or clarification thereof.
Such explanations or clarification to the tender document shall be issued as formal addenda by
Consultant to each Tenderer who has purchased the Tender documents and such addenda shall
become part of the Tender document and be incorporated and returned with it.
12. The Tender offer shall remain valid for 90 days from the date of submission stipulated in the
Tender Notice. Any Tenderer withdrawing or amending his tender within this period shall forfeit
his earnest money to the Client.
13. The Client reserves the right to reject any or all tender or accept the lowest or any other tender
without assigning any reason therefore.
14. The law of the place of the work shall govern the work of the Contract. All Contractors shall be
responsible for all work & shall comply with the requirements of all applicable Federal, State &
Local Laws, Ordinances & Regulations including but not limited to safety & environmental
requirements.
15. The contractor shall defend, protect & save harmless the CLIENT, its successors, assigns,
customers & users of its products, against all suits at law or in equity, from all damages, claims
& demands, for actual or alleged infringement of patent or copyright be reason of the use or
sale of the material ordered. In case the CLIENT prefers to defend to such suit or suits by
counsel of his own choosing. CLIENT shall have the right to do so, and contractor shall
cooperate fully and promptly with information and assistance within its control, & shall pay all
damages, cost and other awards finally decreed in such suits, plus attorney fees. CLIENT will
reserve the right to choose and hire its attorney; however the Contractor may be represented
by council of its choosing.
16. The Client shall give the contractor notice of such claims and suits with reasonable promptness
after receipts of any written claim or complaint and shall give the contractor information and
assistance within its control, all at the Contractor's expenses in defending such suits.
17. In case a suit is brought against the Contractor or any of his Subcontractors, of which the
Contractor receives notice or a written charge of infringement such as contemplated herein is
received by the Contractor for any of its Subcontractors the Contractor shall give the Client
written notice thereof with reasonable promptness.
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Chapter – 6: SPECIAL CONDITIONS OF CONTRACT
1.0 GENERAL
1.1 Special Conditions of Contract (SCC) shall be read in conjunction with the General Conditions of
Contract (GCC), Schedule of Items, specifications of work, drawings and any other document
forming part of this Contract, wherever the context so requires. In the event any of the
conditions of this document contravenes or is in conflict, the preference of the documents in
following order shall prevail.
 Special Conditions of Contract

 Schedule of Items / BOQ/List of approved materials
 Drawings
 Technical Specifications
 General Conditions of Contract
 Indian Standards
 Other applicable standards
1.2 DEFINITIONS & INTERPREATIONS

The following Definitions and Interpretations shall be used in context with this document
1.2.1 A. “OWNER” shall mean : M/s. Reckitt Benckiser (India) Pvt. Ltd.
B. “CONSULTANT” shall mean : Knexir Consultants Pvt. Ltd.
C. “ENGINEER IN CHARGE” shall mean: Person empowered by the OWNER to act on
his behalf.
D. “CONTRACTOR” shall mean : The successful bidder.
1.2.2 "WORKS" shall mean the Produce(s) of the work and/or which shall mean and include all
works specified in the Bid Documents/contracts to be executed in accordance with the
Contract Agreement or part thereof, as the case may be, and shall include all extra,
additional, altered, or substituted works as may be required at the sole discretion of the
Owner for the purpose of the construction of civil, structural Engineering, sanitary and other
works for setting up an Industrial plant for manufacturing of Toiletries, Drug & Cosmetics etc
facility at the Site and includes all duties, responsibilities and obligations to be discharged by
contractor pursuant to the Contract.
1.2.3 "CONSTRUCTION PLANT" means all appliances or things of whatsoever nature required in
connection with the execution, completion or maintenance of the works or temporary works
but do not include materials or other things intended to form or forming part of the permanent
work.
1.2.4 "SPECIFICATIONS" shall mean the technical specifications forming a part of the contract and
such other schedules and drawings including IFC and amended specifications/drawings
provided by the OWNER from time to time.
1.2.5 "LETTER OF INTENT" shall mean the official information (either in hard copy or e-mail) issued by
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the OWNER notifying the CONTRACTOR that his proposal has been accepted and that the
CONTRACTOR is required to sign the Contract agreement as required by the OWNER.
CONTRACTOR shall also start mobilizing his resources after receiving the 'Letter of Intent' and
execute the work.
1.2.6 "DATE OF CONTRACT" shall mean the date on which OWNER and CONTRACTOR have signed the
Contract agreement.
1.2.7 "CONTRACT DOCUMENT" means collectively the Tender documents, Drawings, Specifications,
agreed variations - if any, Contract and such other documents constituting the tender and
acceptance thereof and the communications/directions issued by Owner from time to time for
the purpose of Work.
1.2.8 "WARRANTY PERIOD/ MAINTENANCE PERIOD" shall mean the period during which the
CONTRACTOR shall remain liable for repair or replacement of any defective part of the works
performed under the Contract.
1.2.9 "IFC" drawings shall mean drawings "Issued for Construction".
1.3 Notwithstanding the sub-division of the document into these separate sections and volumes,
every part of each shall be deemed to be supplementary of every other part and shall be read
with and into the Contract so far as it may be practicable to do so.
1.4 Where any portion of the GCC is repugnant to or at variance with any provisions of the Special
Conditions of Contract, then unless a different intention appears, the provision(s) of the Special
Conditions of Contract shall be deemed to override the provision(s) of GCC only to the extent
that repugnancies of variations in the Special Conditions of Contract are not possible of being
reconciled with the provisions of GCC.
1.5 Wherever it is stated in this Bidding Document that such and such a supply is to be effected or
such and such a work is to be carried out, it shall be understood that the same shall be
effected/carried out by the CONTRACTOR at his own cost unless a different intention is
specifically and expressly stated herein or otherwise explicit from the context. Contract value
(also referred to as Contract Price) shall be, deemed to have included such cost.
1.6 The materials, design and workmanship shall satisfy the applicable relevant Indian Standards,
the job specifications contained herein & codes referred to and so far as the materials are
concerned, they shall confirm to the List of Approved Materials, variations in the List of
Approved Materials would be permitted, only if the OWNER or the ENGINEER IN CHARGE
expressly, agrees in writing. Where the job specifications stipulate requirements in addition to
those contained in the standard codes and specifications, these additional requirements shall
also be satisfied. In the absence of any Standard Specifications/Codes of practice or detailed
specifications covering any part the work covered in this Bidding Document, the
instructions/directions of Engineer-in-Charge will be binding on the CONTRACTOR.
1.7 It will be CONTRACTOR’s responsibility to bring to the notice of OWNER prior to issue of LETTER
OF INTENT in respect of any irreconcilable major conflict in the Contract Document. It would
be the Contractor’s responsibility to bring to the notice of the Engineer-in-Charge any
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irreconcilable conflict in the contract documents before starting the work (s) or making the
supply with reference to, which the conflict exists.
1.8 In the absence of any Specifications / manufacturer’s specifications covering any material,
design or work(s) the same shall be performed/ supplied/ executed in accordance with
standard Engineering practice as per the instructions/directions of the Engineer-in-Charge,
which will be binding on the CONTRACTOR.
2.0 CONTRACTOR’S SCOPE OF WORK

2.1 The brief scope of work covered in this contract is described in Chapter - 10.
3.0 CONTRACTOR’S SCOPE OF SUPPLY

3.1 The brief scope of supply covered in this contract is described in Chapter - 10.
4.0 OWNER’S SCOPE OF WORKS

4.1 The brief OWNER’s scope of works covered in this contract is described in Chapter-10.
5.0 TIME SCHEDULE

5.1 The work shall be executed strictly as per the time schedule given in the Bar Chart. The period
of completion given includes the time required for mobilization as well as testing, rectifications,
if any, retesting, demobilization and completion in all respects to the satisfaction of the
Engineer-in-Charge.
5.2 Monthly/weekly execution programme will be drawn up by the Engineer-in-Charge jointly with
the CONTRACTOR based on availability of materials, work fronts and the joint programme of
execution as referred to above. The CONTRACTOR shall scrupulously adhere to the
Targets/Programmes by deploying adequate personnel, Construction Equipment, Tools and
Tackles and also by timely supply of required materials coming within his scope of supply as per
Contract. In all matters concerning the extent of target set out in the weekly/monthly
programme and the degree of achievement, the decision of the Engineer-in-Charge will be final
and binding on the CONTRACTOR.
5.3 CONTRACTOR shall give every day category-wise labour and equipment deployment report
along with the progress of work done on previous day in the format prescribed by the Engineer-
in-Charge.
5.4 CONTRACTOR shall also ensure submission of the following reports to the Engineer-in-Charge.
The format for such reports shall be as prescribed by the Engineer-in-Charge.
5.5.1 Weekly Progress Report
5.5.2 Monthly Progress Report
6.0 DELAY DAMAGES
6.1 In the event the Works are not completed by the Milestone event dates or if the complete
Works are not completed within the overall Time for Completion, Delay Damages shall be
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applicable as mentioned below.
6.2 Delay Damages are subjected to the maximum of 5%. Recovery for delay damage amount (for
A&B) will be made from the next running bill from the date of occurrence of default. The Delay
Damages under Serial No. C shall be applicable on the Final Contract Value. In case the delay
exceeds 10 weeks, the OWNER shall at his sole option and discretion, terminate the Contract
and award the balance works to any other third party. In such an event, the CONTRACTOR shall
not claim any right to perform the balance works and would be only entitled to payment for the
items of work, completed till the date of termination, after deduction of applicable deductions,
including Delay Damages
6.3 The Delay Damages for the milestones shall be discussed during negotiation/ finalization shall
be applicable on the estimated contract value.
7.0 SITE CLEANING
7.1 The CONTRACTOR shall clean and keep clean the work site from time to time to the satisfaction
of the Engineer-in-Charge for easy access to work site and to ensure safe passage, movement
and working.
7.2 If the work involves dismantling of any existing structure in whole or part, care shall be taken to
limit the dismantling up to the exact point and/or lines as directed by the Engineer-in-Charge
and any damage caused to the existing structure beyond the said line or point shall be repaired
and restored to the original condition at the cost and risk of CONTRACTOR to the satisfaction of
the Engineer-in-Charge, whose decision shall be final and binding upon the CONTRACTOR.
7.3 The CONTRACTOR shall be the custodian of the dismantled materials till the Engineer-in-Charge
takes charge thereof.
7.4 The CONTRACTOR shall dispose of the unserviceable materials, debris etc. to any area within
OWNER’s premises/ other area as directed by the Engineer-in-Charge.
7.5 The CONTRACTOR shall sort out, clear and stack the serviceable materials obtained from the
dismantling/ renewal at places as directed by the Engineer-in-Charge.
7.6 No extra payment shall be paid on this account. The rates quoted in Schedule of items are
deemed to be inclusive of all the costs towards all the above activities as well.
8.0 MEASUREMENT OF WORKS
8.1 The measurement of the works covered under this contract shall be as described in the General
Conditions of contract, Article – 11.
9.0 ON ACCOUNT PAYMENTS
9.1.1 "On Account Payments" shall be made as per General Conditions of Contract, Article 12.
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10.0 ROUNDING OFF
10.1 All payments to and recoveries from the bill of CONTRACTOR shall be rounded off to the
nearest Rupee. Wherever the amount to be paid/ recovered consists of a fraction of a Rupee
(Paisa), the amount shall be rounded off to the next higher rupee if the fraction consists of 50
(fifty) paise or more and if the fraction of a Rupee is less then 50 (fifty) paise, the same shall be
ignored.
11.0 TAXES AND DUTIES
11.1 The quoted prices shall be deemed to be inclusive of all taxes etc. with respect to
CONTRACTOR's scope of work/ scope of supply till the completion of the work. Subject to
clause 13.1, statutory future plus or minus variation in taxes & duties shall be paid to
OWNER’s account subject to provision of documentary evidences at the time of billing.
12.0 WORKS CONTRACT
12.1 The entire work as per scope of work covered under this contract shall be treated as
"INDIVISIBLE WORKS CONTRACT". The Price shall be inclusive of all taxes as applicable on Works
Contract.
13.0 INCOME TAX & CORORATE TAX
13.1 Income Tax deductions shall be made from all payments made to the CONTRACTOR as per the
rules and regulations in force in accordance with the Income Tax Act, 1961 prevailing from time
to time.
13.2 Corporate Tax liability, if any shall be to CONTRACTOR’s account.
14.0 REGISTRATION UNDER GOODS AND SERVICE TAX ACT
14.1 Attested copy of certificate for registration under Goods and service tax Act in the proforma
prescribed by the Govt. should accompany the tender. The registration under GST should be in
the name of the FIRM/INDIVIDUAL quoting for the work.
15.0 LABOUR LAWS
15.1 The CONTRACTOR shall comply with and observe all applicable labour and employment laws
including Contract Labour (Regulation & Abolition) Act 1970 and the Rules therein, Minimum
Wages Act 1948, Employer’s State Insurance Act 1948 & the Rules, Employer’s Provident Fund &
Misc. Provisions Act 1952 and Employees Provident Fund Rules, Workmen’s Compensation Act,
1923 in relation to execution of the Work and shall be solely responsible for all injury or damage
to persons, animals or things, and for all damage to property, which may arise from any factor on
the part of the CONTRACTOR or any of the persons employed by them. No person under the age
of 18 shall be employed by the CONTRACTOR. The CONTRACTOR shall at its expense comply with
all labour laws, as applicable or as may be made applicable, in respect of performance of its
obligations under the Contract Document and shall keep the OWNER indemnified in all respect
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thereof, from and against any action taken by statutory authorities or affected person(s) or third
parties, against the OWNER for non-compliance of the laws. The CONTRACTOR shall register
himself and obtain necessary permissions from the local Labour Commissioner’s office before
commencement of the Work.
15.2 The CONTRACTOR shall indemnify and keep indemnified the OWNER and hold it harmless in
respect of all and any loss and expenses arising from any such injury or damage to persons or
property as aforesaid and also against any claim made in respect of injury or damage, whether
under any statutes or otherwise and also in respect of any award or compensation or damage
consequent upon such claim.
15.3 Notwithstanding anything contained in this document or otherwise, all employees, agents and
workmen employed by the Contractor will solely be the employees, agents or workmen of
Contractor and shall not be construed as the employees, agents, workmen or contractors of the
Client, regardless of the nature or duration of work undertaken by them.
15A. COMPLIANCE WITH ENVIRONMENTAL LAWS
15A.1 The CONTRACTOR shall take all precautions for safeguarding the environment during the course
of the construction of the Work. CONTRACTOR shall abide by all laws, rules and regulations in
force governing construction, pollution and environmental protection, that are applicable in the
area where the site is situated.
15A.2. The CONTRACTOR shall at its expense comply with all applicable environmental laws/rules/
guidelines and any other instructions issued by the authority having jurisdiction over the Site and
the Work and shall continue to comply with all such requirements, as may be specified from time
to time.
16.0 FIRM PRICE
The quoted prices shall remain firm and fixed and valid until completion of the contract
including grace period indicated in the contract and shall not be subject to escalation for any
reason whatsoever accept the rates of cement and steel which shall be subject to actuals.
17.0 ROYALTY
17.1 All royalties etc., as may be required for any Borrow Areas, including right of way etc. to be
arranged by CONTRACTOR shall be deemed to have been included in the quoted prices.
17.2 CONTRACTOR’s quoted rate should include the royalty on different applicable items as per the
prevailing State Government rates. In case, OWNER is able to obtain the exemption of Royalty
from the State Government, the CONTRACTOR shall pass on the same to OWNER for all the
items involving Royalty. Any increase in prevailing rate of Royalty shall be borne by the
CONTRACTOR at no extra cost to the OWNER.
18.0 DRAWINGS AND SPECIFICATIONS

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18.1 Construction shall be as per the latest issue of drawings and specifications issued to the
CONTRACTOR by Engineer-in-Charge in 2 (two) copies duly marked “Issued for Construction”.
18.2 CONTRACTOR shall ensure that all superseded issue of drawing and specifications etc., are
withdrawn from circulation and returned to Engineer-in-Charge promptly.
18.3 In case of discrepancy, generally the detailed drawing and specification shall be considered to be
correct and such discrepancies shall be notified immediately to the Engineer-in-Charge
18.4 CONTRACTOR shall mark up all the changes made during the construction in two copies of all the
drawings and submit the same as “As built” drawing.
19.0 UNDERGROUND AND OVERHEAD STRUCTURES
19.1 Engineer-in-Charge/ OWNER shall provide, to the best possible extent, details in respect of
existing structures, existing pipelines and utilities existing at job site to the CONTRACTOR. The
CONTRACTOR shall execute the work in such a manner that the said structures, utilities, pipelines
etc. are not disturbed or damaged, and shall indemnify and keep indemnified the OWNER from
and against any destruction thereof or damages thereto.
20.0 SURVEY AND LEVEL/SETTING OUT WORK
20.1 The Engineer-in-Charge shall furnish the relevant existing grid point with benchmark, on the land.
It shall be CONTRACTOR’s responsibility to set out the necessary control points in and set out the
alignment of various works. The CONTRACTOR shall employ an efficient survey team for this
purpose and the accuracy of such setting of works shall be the CONTRACTOR’s responsibility.
20.2 The CONTRACTOR shall give the Engineer-in-Charge not less than 24 (twenty four) hours’ notice
in writing of his intention to set out or give levels for any part of the work so that arrangements
may be made for checking the same.
20.3 The CONTRACTOR shall within the scope of work provide all assistance, tools, gauges and
instruments required to enable the Engineer-in-Charge to check the setting out of works.
20.4 The CONTRACTOR shall be entirely responsible for the horizontal and vertical alignment, the level
and correctness of every part of the work and shall rectify any errors or imperfections therein.
The CONTRACTOR at his own cost shall carry out such rectifications, when instructions are issued
to this effect by Engineer-in-Charge or his representative.
21.0 LEADS
21.1 For the various works, in case of contradiction, leads mentioned in the schedule of items shall
prevail over those indicated in the technical specifications.
22.0 STATUTORY APPROVALS
22.1 The approval from any authority required as per statutory rules and regulations of Central/State
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Government shall be the responsibility of CONTRACTOR. The application on behalf of OWNER for
submission to relevant authorities and along with copies of required certificate complete in all
respect shall be prepared and submitted by the CONTRACTOR well ahead of time so that the
actual construction/commissioning of work is not delayed for the want of approval/inspection by
concerned authorities. CONTRACTOR shall be responsible for arrangement of inspections,
liasioning with the concerned authorities. Reimbursement of Statutory fees paid by
CONTRACTOR (as per advance approval of OWNER) may be provided for, subject to submission of
documentary evidence.
22.2 Any change/addition required to be made to meet the requirements of the statutory authorities
shall be carried out by the CONTRACTOR within the quoted price. The inspection and acceptance
of the work by the statutory authorities shall however, not absolve the CONTRACTOR from any of
his responsibilities under this contract.
23.0 LABOUR RELATIONS
23.1 In case of labour unrest/labour dispute arising out of non-implementation of any law, the
responsibility shall solely lie with the CONTRACTOR and he shall remove/resolve the same
satisfactorily at his own cost and risk.
23.2 The CONTRACTOR shall deploy only duly qualified and competent personnel for carrying out the
various jobs as assigned by the Engineer-in-Charge from time to time. The workmen deployed by
the CONTRACTOR should also possess the necessary license etc., if required under any law, rules
and regulations.
24.0 EMPLOYMENT OF LOCAL LABOUR
24.1 The CONTRACTOR shall ensure that local labour; skilled and/or unskilled, to the extent available
shall be employed in this work.
24.2 The CONTRACTOR shall not recruit personnel of any category from among those who are already
employed by the other agencies working at site but shall make maximum use of local labour
available.
25.0 CONTRACTOR'S LABOURERS TO LEAVE SITE ON COMPLETION OF THE WORK
25.1 The labourers of CONTRACTOR must leave the location of the project site after the work is
tapered off/ completed.
26.0 TEMPORARY WORKS
26.1 All temporary and ancillary works including enabling works connected with the scope of work of
CONTRACTOR shall be responsibility of the CONTRACTOR and the price quoted shall be deemed
to have included the cost of such works, which shall be removed by the CONTRACTOR, as
required, at his cost, immediately after completion of the work.
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27.0 SETTLEMENT OF DISPUTE
27.1 All disputes arising out of or in connection with Contract shall be referred to Arbitration to a sole
arbitrator. However, if the Owner and Contractor do not agree on the name of the sole arbitrator
then each party shall nominate one arbitrator each and the two arbitrators so nominated shall
appoint/nominate the third arbitrator. The arbitration shall be governed by Arbitration and
Conciliation act 1996 and Rules made there under. The seat of arbitration shall be in Delhi and
parties submit to exclusive jurisdiction of Courts of Delhi.
27.2 Notwithstanding the existence of any dispute or arbitration in terms hereof or otherwise, the
CONTRACTOR shall continue and be bound to continue and perform the works to completion in
all respects according to the Contract (unless the Contract or Works be determined by the
OWNER) and the CONTRACTOR shall remain liable and bound in all respects under the Contract".
28.0 RESPONSIBILITY OF CONTRACTOR
28.1 It shall be the responsibility of the CONTRACTOR to obtain the approval for any revision and/or
modifications decided by the CONTRACTOR from the OWNER/Engineer-in-Charge before
implementation. Also such revisions and/or modifications if accepted/ approved by the
OWNER/Engineer-in-Charge shall be carried out at no extra cost and implication of time to the
OWNER.
28.2 All expenses towards mobilization at site and demobilization including bringing in equipment,
work force, materials, dismantling the equipment, clearing the site etc. shall be deemed to be
included in the prices quoted and no separate payments on account of such expenses shall be
entertained.
28.3 It shall be responsibility of the CONTRACTOR to provide, operate and maintain all necessary
construction equipment, steel scaffoldings and safety gadgets, PPE, cranes/ derrick and other
lifting tackles, tools and appliances to perform the work in a workman like and efficient manner
and complete all the jobs as per time schedules without any extra cost to the OWNER.
28.4 Preparing approaches and working area for the movement and operation of the
cranes/derrick/other construction equipments, levelling the areas for assembly and erection
shall also be responsibility of the CONTRACTOR. The CONTRACTOR shall acquaint himself with
access availability facilities, such as railway siding, local labour etc., to provide suitable
allowances in his quotation. The CONTRACTOR may have to build temporary access roads to aid
his own work, which shall also be taken care of while quoting for the work.
28.5 The CONTRACTOR shall be responsible for procurement and supply in sequence and at the
appropriate time of all equipments/ materials and consumables and his rates for execution of
work will include supply of all these items.
28.6 The CONTRACTOR shall make all provisions for monsoon protection cover to ensure that there
shall not be any stoppage/hindrance in working during monsoon season.
28.7 The CONTRACTOR shall install pump(s) of adequate capacity to bail out/ divert/ regulate water,
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which may have collected at site to make the work site free from water logging at its own cost,
at all times. Contract value (also referred to as Contract Price) shall be, deemed to have
included such cost.
28.9 The CONTRACTOR shall be responsible for protection, preservation and provision of security,
watch and ward for his own materials till handing over of the entire system/unit to the OWNER.
28.10 All off cuts / scrap and unused steel plates, bars, cables, etc. properly identified by the
CONTRACTOR shall be removed from site at CONTRACTOR’s own cost. In case the CONTRACTOR
fails to do so then the OWNER shall affect from the CONTRACTOR’s bill(s) and / or from any
other payment due to him the recovery for removal of quantities of material from site.
29.0 QUALITY ASSURANCE SYSTEM
29.1 The CONTRACTOR shall adhere to the quality assurance system as per Specification. After the
award of the contract, detailed quality assurance programme to be followed for the execution
of contract shall be submitted by CONTRACTOR.
29.2 The CONTRACTOR shall establish document and maintain an effective quality assurance system
as outlined in recognized codes.
29.3 Quality Assurance System plans/ procedures of the CONTRACTOR shall be furnished in the form
of a QA manual. This document should cover details of the personnel responsible for the
quality assurance, plans or procedures to be followed for quality control in respect of Design,
Engineering, Procurement, Supply, Installation, Testing and Commissioning, The quality
assurance system should indicate organizational approach for quality control and quality
assurance of the construction activities, at all stages of work at site as well as at manufacturer's
works and dispatch of materials.
29.4 The Quality Assurance plan for various activities and materials shall be furnished to the
OWNER/ Engineer-in-Charge prior to commencement of the activities. The OWNER/ Engineer-
in-Charge shall review the same within 3 (three) weeks of its submission.
29.5 The OWNER/Engineer-in-Charge or their representative shall reserve the right to

inspect/witness; review any or all stages of work at shop/ site as deemed necessary for quality
assurance.
29.6 The CONTRACTOR has to ensure the deployment of Quality Assurance and Quality Control
Engineer(s) depending upon the quantum of work. This QA/QC group shall be fully responsible
to carry out the work as par standards and all code requirements. In case Engineer-in-charge
feels that OA/QC Engineer(s) of CONTRACTOR are incompetent or insufficient, CONTRACTOR
has to deploy other experienced Engineer(s) as per site requirement and to the full satisfaction
of Engineer-in-Charge.
29.7 In case CONTRACTOR fails to follow the instructions of Engineer-in-charge with respect to above
clauses, next payment due to him shall not be released unless and until he complies with the
instructions to the full satisfaction of Engineer-in-charge.
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30.0 SITE ORGANISATION
30.1 The CONTRACTOR shall without prejudice to his overall responsibility to execute and complete
the works as per specifications and time schedule, progressively deploy adequate qualified and
experienced personnel together with skilled/ unskilled manpower and augment the same as
decided by Engineer-in-Charge depending on the exigencies of work to suit the construction
schedule without any additional cost to OWNER.
30.2 CONTRACTORS site organization shall include Planning Engineer (s), Safety Engineer (s) and
Quality Engineer (s). These engineers are exclusively dedicated for their functions.
30.3 The CONTRACTOR shall submit with the bid, the organization structure with resume of project
in charge and other supporting staff, who will be assigned for performance of Work, by
CONTRACTOR.
31.0 MECHANISED CONSTRUCTION
31.1 CONTRACTOR shall without prejudice to his overall responsibility to execute and complete the
work as per specifications and time schedule adopt as far as practicable, mechanized
construction techniques for major site activities. CONTRACTOR agrees that he will deploy the
required numbers and type of the plant & machinery applicable for different activities in
consultation with the Engineer-in-Charge during execution of works.
31.2 CONTRACTOR further agrees that Contract price is inclusive of all the associated costs, which he
may incur for actual mobilization, required in respect of use of mechanized construction
techniques and that the OWNER/ Engineer-in-Charge in this regard shall entertain no claim
whatsoever.
32.0 TESTS AND INSPECTION OF WORKS
32.1 The CONTRACTOR shall carry out the various tests as enumerated in the bidding document and
the technical documents that will be furnished during the performance of the work either on
field or outside/laboratories concerning the execution of work and supply of the material by
CONTRACTOR. All the expenses shall be borne by the CONTRACTOR and shall be considered as
included in the quoted price. The inspection shall be done by followings:
a) Representative deputed by Engineer-in-charge.

b) Representative deputed by Statutory Authority.
CONTRACTOR shall give prior notice sufficiently ahead of time to the Engineer-in-charge and
also to the authorities to conduct inspection/ to witness such tests.
32.2 All the tests either on the field or at outside laboratory concerning the execution of the work
and supply of materials by the CONTRACTOR shall be carried out by the CONTRACTOR at his
own cost.
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32.3 The work is subject to inspection at all times by the Engineer-in-charge. The CONTRACTOR shall
carry out all instructions given during inspection and shall ensure that the work is being carried
out according to the technical specifications of this bidding document, the technical documents
that will be furnished to him during performance of work and the relevant codes of practice
furnished to him during the performance of the work.
32.4 The CONTRACTOR shall provide for purposes of inspection, necessary instruments at his own
cost for inspection of work.
32.5 Any work not confirming to the execution drawings, specifications or codes shall be rejected
forthwith and the CONTRACTOR shall carry out the rectifications at his own cost.
32.6 All results of inspection and test will be recorded in the inspection reports, proforma of which
will be approved by the Engineer-in-charge. These reports shall form part of the Completion
Documents.
32.7 Inspection and acceptance of the work shall not relieve the CONTRACTOR from any of his
responsibilities under this contract. Any work not conforming to drawings, specifications, codes
shall be rejected and CONTRACTOR shall carry out rectification at his own cost.
32.8 Cost towards repeat tests and inspection due to failures, repairs etc, for reasons attributable to
the CONTRACTOR shall be borne by the CONTRACTOR.
32.9 Various tests as specified in specifications shall be carried out to the entire satisfaction of
OWNER/Engineer-in-Charge.
33.0 FINAL INSPECTION
33.1 After completion of all tests as per specification the whole work will be subject to a final
inspection to ensure that job has been completed as per requirement. If any defects noticed: in
the work attributable to CONTRACTOR, the CONTRACTOR at his own cost shall attend these, as
and when they are brought to his notice by the OWNER/ Engineer-in-Charge. OWNER/
Engineer-in-Charge shall have the right to have these defects rectified at the risk and cost of the
CONTRACTOR if he fails to attend to these defects immediately.
34.0 COMPLETION DOCUMENTS
34.1 The CONTRACTOR shall carryout various tests as called for in bidding document either on field
or at outside approved laboratories at his own cost. All test results and related documents shall
be submitted in 6 (Six) copies as part of completion documents.
34.2 The following documents shall be submitted hard binded by the CONTRACTOR in 6 (Six) sets; as
a part of the completion documents.
a) Material approval record for the material supplied by the CONTRACTOR.

b) Welding procedure specification.
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c) Welding procedure qualification report.

d) Welder qualification report.
e) Calibration / test certificates for all tools, tackles, instruments,
f) Test certificates of lifting devices used.
g) Concrete Cube Test Reports
h) Construction Check Sheets for the various work carried out by the CONTRACTOR.
35.0 COMPUTERISED CONTRACTOR'S BILLING SYSTEM
35.1 Without prejudice to stipulation in General Conditions of Contract, CONTRACTOR should follow
following billing system. The bills/measurement sheets will be prepared by the CONTRACTOR
on their PCs as per the standard formats proposed by OWNER/ Engineer-in-Charge. The
CONTRACTOR will submit the bill/measurement sheets to OWNER/ Engineer-in-Charge in an
electronic media along with the hard copy of the bill, necessary enclosures and documents. The
CONTRACTOR will also ensure the correctness and consistency of data so entered with the hard
copy of the bill submitted for payment.
35.2 OWNER/Engineer-in-Charge will utilize these data for processing and verification of bill of the
CONTRACTOR.
36.0 HEALTH, SAFETY AND ENVIRONMENT (HSE) MANAGEMENT
36.1 The CONTRACTOR shall adhere to the Health, Safety and Environment (HSE) management
system as per Specification No. ZSS 007, Rev. 3, enclosed in this bidding document.
36.2 First aid medical facilities, Ambulance for necessary transportation in emergencies shall be
made by CONTRACTOR at his own cost. At least one emergency vehicle at all time shall be
available at site during construction work.
36.3 The CONTRACTOR shall establish document and maintain an effective Health, Safety and
Environment (HSE) management system.
36.4 In case CONTRACTOR fails to follow the instructions of Engineer-in-charge with respect to above
clauses, next payment due to him shall not be released till CONTRACTOR complies with the
instructions to the full satisfaction of Engineer-in-charge.
37.0 COORDINATION WITH OTHER AGENCIES
37.1 Work shall be carried out in such a manner that the work of other agencies operating at the site
is not hampered due to any action of the CONTRACTOR. Proper coordination with other
agencies will be responsibility of the CONTRACTOR. In case of any dispute, the decision of
Engineer-in-Charge shall be final and binding on the CONTRACTOR.
38.0 SITE ESTABLISHMENT AND INFRASTRUCTURE
38.1 OWNER will give only land for construction of office, open / covered store and fabrication
workshop. CONTRACTOR has to construct the above structure at his own cost and same to be
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dismantled and removed and clear site to be handed over to OWNER on completion of job as
directed. The requirement of areas for construction of office, store and fabrication workshop
have to be indicated by the CONTRACTOR along with the bid.
39.0 ELECTRICITY AND WATER
39.1 The Tenderer should note that water required for construction shall be supplied free of cost at
one point The Contractor will lay a suitable size of pipeline distribution network for his work
at his cost and shall remove the same after the work is completed. Storage of water will be
solely the contractor's responsibility and at his expense. The contractor is also required to fix a
meter at his own cost with a view to monitor consumption and avoid wastage.
39.2 An electric power of 230 V single phases / 440 V - 3 phase supply will be made available at one
location inside the plot free of cost. Necessary connections / tappings & distribution shall be
made by the contractor at his cost. The contractor shall extend his cables, etc. from this point
and shall provide all necessary main switches, control board - cutouts etc. These equipments
shall be protected from weather, rain etc. and shall confirm to normal safety standards. The
contractor should fix up a meter at his cost with a view to monitor consumption and avoid
wastage. Alternatively Contractor is required to make its own arrangement for power supply at
his cost. The contractor will not have any claim on account of failure of power supply either
financially or in terms of completion period commitments.
40.0 LAND FOR RESIDENTIAL ACCOMODATION
40.1 CONTRACTOR shall arrange for residential accommodation for his staff and workers outside
OWNER’s premises at his own cost and the quoted prices shall be deemed to include the same.
41.0 FUEL REQUIREMENT OF WORKERS
41.1 CONTRACTOR shall be responsible to arrange at his own cost for the fuel requirement of his
workers and staff. Cutting of trees etc. shall not be permitted for this purpose.
42.0 ENTRY PASSES, GATE PASSE, WORK PERMITS & SAFETY REGULATIONS
42.1 The CONTRACTOR and its SUB-CONTRACTOR and their employees and agents are required to
abide by safety and security regulations of the OWNER in force from time to time.
43.0 VENDOR LIST
43.1 OWNER/Engineer-in-Charge reserve the right to decide on any of the approved make / vendor
listed herein & also reserves their rights to add any particular make which is acceptable to the
OWNER/Engineer-in-Charge.
43.2 In case of materials, in the list, which cannot be made available at site, alternative vendor /
make conforming to IS / BS, shall be suggested for approval of OWNER/Engineer-in-Charge.
43.3 The CONTRACTOR shall purchase the Cement form the following manufacturers or their
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stockist.
a) ACC
b) JP
c) Birla Cement
d) Grasim
e) Gujarat Ambuja
43.4 The CONTRACTOR shall purchase the Steel form the following manufacturers or their stockist.
a) SAIL
b) TISCO
c) Jindal
d) Rathi
43.5 The CONTRACTOR shall purchase the Industrial paints from the following manufacturers or
their stockist.
a) ASIAN PAINTS
b) BERGER
c) ICI
43.6 The CONTRACTOR shall purchase Welding electrodes and filler wires from the following
manufacturers or their stockiest.
a) D&H
b) Esab
c) Ador
d) L&T
e) Honavar
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Chapter – 7 : GENERAL CONDITIONS OF CONTRACT
ARTICLE 1 - DEFINITIONS AND INTERPRETATION
1.1 Definitions
In the Contract as hereinafter defined following words and expressions shall have the meanings
hereby assigned to them except wherever the context otherwise requires.
i. “The Owner” means M/s. Reckitt Benckiser (India) Pvt. Ltd. having its registered office
at Plot No. 61-62, Hotta Galli Industrial Area, Mysore (Karnataka).
Its authorized representatives/ nominees and/ or its successors, or permitted assigns.
ii. “The Contractor” means the selected tenderer to whom the Contract is awarded and
includes the Contractor’s personnel, representatives, and, with the written consent of
the Owner, its successors and permitted assigns.
The word “The Contractor” shall include “Sub-Contractor(s)” as well.
iii. “Consultant” means Knexir Consultants Pvt. Ltd. Empire Plaza, B Wing, 1st Floor, LBS
Marg, Gandhinagar Junction, Vikhroli (W), Mumbai 400083; and shall include their
nominees/successors and permitted assigns.
iv. “The Engineer/Owner’s Representative” means any Resident Engineer or person acting
on the Owner’s behalf empowered by the Owner to inspect/supervise, measure and
issue Certificates in respect of the Works, appointed, from time to time by the Owner,
whose authority shall be notified in writing to the Contractor by the Owner. Unless
otherwise stated Engineer/Owner’s Representative shall be Consultant.
v. “Sub-Contractor” means any person with whom, with the consent in writing of the
Owner, any sub-contract has been made for the execution of any portion of the Works
and includes the personnel, representatives, successors and permitted assigns of such
person, and any person to whom, with the consent in writing of the Owner and the
Contractor, any part of the Contract has been similarly sub-let by the Sub-Contractor.
vi. “Contract” means (a) General Conditions of Contract hereof, and

(b) Other Sections/Schedules as defined in Article 2.
vii. “The Works” means the works to be executed by the Contractor under the Contract
and shall include all duties, responsibilities and obligations to be discharged by the
Contractor pursuant to the Contract.
viii. “Temporary Works” shall mean all temporary work required for the execution and
maintenance of the Works.
ix. “Plant” means the manufacturing or processing facilities being set up by the Owner.
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x. “Drawings” shall mean drawings referred to in the Technical Specification and any
modification thereof as approved in writing by the Consultant/the Engineer and such
other drawings as may from time to time be furnished or approved in writing by the
Consultant/Engineer.
xi. “The Specification” shall mean the specifications including Technical Specifications
annexed to or issued with the General Conditions of Contract.
xii. “The Imported Items” means the equipment and/or material which is to be or has been
imported by the Owner and is to be incorporated into the Plant.
xiii. “The Indigenous Items” means all the equipment/material required to be incorporated
in the Plant, but other than the “Imported Items.”
xiv. “The Site” means the area made available by the Owner to the Contractor for the
Works, other than merely for access.
xv. “The Effective Date of Contract” means the date stipulated in the First Schedule.
xvi. “The Date of Completion” means the date of issue of the “Certificate of Virtual
Completion” as defined in Article 12.
xvii. “The Contractor’s Equipment” means all machinery, apparatus, and equipment to be
provided by the Contractor, pursuant to the Contract, in order to carry out obligations
under the Contract for and in connection with the works but not forming or intending
to form a permanent part of the Plant, unless otherwise stipulated in the terms of the
Contract.
1.2 Interpretation
I. Approval given by the Owner shall relate only to the specific purpose for which it was
given.
ii. Approval, consent, checking, assistance, inspection or test given or made by the Owner
shall not relieve the Contractor from any obligations under the Contract.
iii. No approval or consent required by the Contractor shall be unreasonably withheld.
iv. The terms of Contract shall be varied only in writing by authorized representatives or
the Parties hereto and shall not be effected by any oral statement.
v. Decisions to be made by the Owner for the Contract shall be communicated to the
Contractor only by the Owner’s Representative and, for matters affecting Works on the
Site, by the Owner and/or the Owner’s Representative. Such appointment may be
changed by the Owner.
vi. Words imparting the singular only also include the plural and vice versa where the
context requires.
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vii. All headings of, and marginal notes, if any to the clauses of these General Conditions of
Contract, or of, and to, the specifications or any other Contract document are solely for
the purpose of giving a concise indication and not a summary of the contents thereof
and they shall never be deemed to be part thereof, or be used in the interpretation or
construction thereof, of the Contract.
ARTICLE 2 - CONSTRUCTION AND EXTENT OF CONTRACT
Construction of 2.1 The Contract shall in all respects be construed and operated in
Contract accordance with the Indian Contract Act, 1872 and in conformity
with the Indian Law.
Assignment and/or 2.2 The Contractor shall not assign the Contract or part thereof to
sub-letting any other party without the written consent of the Owner.
Provisions under clause 5.5 shall prevail.
Extent of Contract 2.3 The Contract comprises the construction, completion and
maintenance of the Works and the provision of all labour,
materials, constructional equipment, the Temporary Works and
everything, whether of temporary or permanent nature,
required, in order to complete the Works in accordance with
provisions of the Contract. For such Construction, completion
and maintenance, so far as provision of labour, materials, the
Temporary Works are necessary, the same is specified in or shall
reasonably be inferred from the Contract.
Contract Documents 2.4 Documents mutually explanatory
The several documents furnishing the Contract are to be

taken as the mutually explanatory of one another and in
case of any discrepancies; the same shall be expressed and
adjusted by the Owner/Engineer who shall thereupon issue
to the Contractor instructions directing in what manner the
works are to be carried out.
Discrepancies in Tender and in the Contract
The Contract documents shall be deemed to have been

constructed after mutually arriving at an agreement on
various clauses and provisions of the Contract. Should any
clause, embodied by the Contractor in the tender, conflict
with any clause in the General Conditions of Contract, it
shall be deemed to have been mutually discussed and
agreed upon and the General Conditions of Contract
together with Special Conditions of Contract and other
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Schedules forming part of the Contract shall prevail.
The Contractor’s Drawings & Responsibilities
Any approval of the Contractor’s Drawings and documents

by the Owner/Engineer shall not absolve the Contractor of
his responsibility in connection with the Works. The Owner
shall be responsible for the drawings and information
supplied to the Contractor.
iv. The Contract shall generally consist of the following:
Form of Order/Form of Agreement as the case may be,

duly signed by the parties concerned in token of
Acceptance of the Contract.
“General Conditions of Contract’ as amended/modified

at the time of Acceptance of Tender.
First Schedule - Special Conditions of Contract

incorporating Contract Value & other Terms and
Conditions.
Second Schedule - Site Working Conditions
Third Schedule - Technical Specifications, Drawings etc.
Fourth Schedule - Bill of Quantities, Item Rates etc
Gantt Chart
ARTICLE 3 - DEPOSITS AND BANK GUARANTEES
Earnest Money 3.1 Wherever called for, at the time of submission of the Tender, the
tenderer shall deposit Earnest Money in form of a Demand Draft in
favor of the Owner for the amounts specified. Earnest money so
deposited shall be returned to the tenderers not selected.
In the event:
(a) the selected tenderer refuses to enter into the Contract;

(b) any of the representations made by the selected tenderer are
found to be not true; or
(c) any of the documents submitted by the selected tendered are
found to be forged or fabricated,
the Earnest Money so deposited by him shall be forfeited.

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Retention Money Deposit 3.2 Retention Money Deposit shall be equal to 10% of the Estimated
Contract Value and shall in no case be less than 10% of the Final
Contract Value. Such Retention Money Deposit shall be recovered
by the Owner in the form of pro-rata deductions from the running
account bills of the Contractor. Amount equivalent to Retention
Money Deposit maybe paid to the Contractor after virtual
completion of the Works against the Contractor producing an
equivalent Bank Guarantee valid for the Maintenance and Defects
Liability Period.
ARTICLE 4 - CONTRACT VALUE/PRICE AND TERMS OF PAYMENT
Contract Value i. Contract Value shall be either as stipulated in the relevant

condition under the Special Conditions of Contract or shall be as
computed on the basis of quantities of work carried out against
various items in the Bill of Materials, as measured and certified by
the Engineer/Owner’s Representative and evaluated in accordance
with the corresponding item rates.
Estimated Contract Value shall be the Contract Value as estimated

at the signing of Contract based on the Estimated Quantities and
agreed Item Rates.
The Owner shall pay to the Contractor the sums set out in the
Contract after giving due considerations to the payments already
made or deductions to be given effect to.
Contractor to ii. The Contractor shall Credit the Owner with or pay to the Owner
Credit Owner the sums, which may become allowable or due under the Contract
at the times and the manner specified in the Special Conditions of
the Contract.
Invoices iii. All invoices for payment shall be addressed to the Owner and shall
be Certified by the Engineer/Owner’s Representative.
Terms of Payment iv. Owner shall make payment in accordance with the Terms of
Payment specified in the Special Conditions of the Contract.
ARTICLE 5 - GENERAL OBLIGATIONS OF THE CONTRACTOR
Contractor to enter 5.1 The selected tenderer shall when called upon to do so by the
into Contract Owner, enter into Contract for execution of Works.
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All Contract Documents shall be signed in triplicate by the Parties

to the Contract.
Provision of Contractor’s 5.2 In consideration of payment by the Owner as stipulated in the

equipment/materials and Contract, the Contractor shall provide the Contractor’s Equipment,
other obligations execute, and complete the Works in accordance with the agreed
Programme and shall carry out all other obligations stipulated in
the Contract. The Works shall strictly conform to the Technical
Specifications and description of item rates as specified elsewhere
in the Contract.
Execution of Works 5.3 Works shall be completed with all due diligence and in the manner
specified in the Contract and to the satisfaction of the Owner.
Time shall be the essence of the Contract and the Contractor
hereby undertakes that the Works shall be ready for any stipulated
test on Completion not later than the Date of Completion.
All Contract Documents 5.4 All contract documents are complementary to one another, and
to be complementary to what is required by anyone document shall be as fully and
one another effectually binding on the Contractor as if the same is required by
all other documents; the intention of the documents is to include
in scope all labour, materials, equipment and transportation
necessary for the prompt and efficient execution of the Works.
Materials or work not covered by, or properly inferable from any
heading or clause of the Specifications shall not be supplied by the
Owner to the Contractor, unless expressly specified in the Contract
documents. Materials or work described in words, which have a
well-known technical, or trade meaning shall be deemed to
conform to the recognized standards associated with such
materials or work unless specifically defined otherwise.
Assignment or subletting 5.5 The Contractor shall not assign the Contract or any part thereof or
of Contract not admissible any benefit or interest therein or thereunder without the written
except with Owner’s consent of the Owner.
permission
The Contractor shall not sublet the whole of the Works. Except
where otherwise provided by the Contract, the Contractor shall
not sublet any part of the Works without the written consent of
the Owner and such consent if given shall not relieve the
Contractor from any liability or obligation
under the Contract, and he shall be responsible for the acts,

defaults and neglects of such Sub-Contractor, his agents servants
or workmen as fully as if they were the acts, defaults or neglects of
the Contractor, his agents servants or workmen. Provided that the
provision of labour on a piecework basis shall not be deemed to be
a sub-letting under this Clause.
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When the Owner has consented to the placing of sub-orders two

copies of each sub-order shall be provided by the Contractor to the
Owner.
Law governing the 5.6 The Contract or terms thereof entered into between the
Contract Owner and the Contractor under these General Conditions
Compliance with of Contract shall be governed and regulated by the relevant
Regulations and bylaws. laws for the time being in force in the territory of India
relating to Contracts.
The Contractor shall strictly conform to the provisions, for
the time being in force, of any law relating to Works or any
regulations and bye-laws made by any local authority or any
Government undertakings, within the limits of the
jurisdiction of which it is proposed to execute the Works or
obtain permissions/licences from the authorities,
connections with their systems or undertakings for the
purposes of such work and where the Contractor considers
that variations in the drawings or specifications of such work
are necessary to enable him to comply with the provisions of
the law or regulations or bye-laws, as aforesaid, he shall give
to the Owner, a notice in writing specifying the variations
proposed and the reasons for such variations, and no action
in this behalf shall be taken by the Contractor until he
receives instructions in writing from the Owner in respect
thereof. The Contractor shall be bound to give to the
authorities concerned such notices as may be provided in
the law, regulations or bye-laws as aforesaid, and to pay all
fees and taxes payable to such authorities in respect thereof.
If the Contract provides, the Owner shall pay the Contractor
such amount on production of relevant proof thereof.
Contractor’s agent 5.7 The Contractor shall, when he is not personally present on
and their functions the Site of the Works, invariably place and keep on the Site
an adequately qualified representative/agent duly
authorized and empowered to act on his behalf and to
receive on his behalf orders and instructions from the Owner
in relation to such Work, including orders and instructions
required or permitted under the Contract to be given to the
Contractor by the Owner or any other person authorized in
writing by the Owner to supervise the Works. All such
orders and instructions given to, and all acts done by such
representative/agent shall be binding on the Contractor, as if
such orders and instructions were given to him or
such acts had been done by him.
Prior to the appointment of such representative/agent the

Contractor shall submit to the Owner the name of the
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person intended to be appointed as his representative/agent

and no appointment shall be made until the Owner has
approved of the same and notified his approval in writing to
the Contractor, and whenever the Contractor desires to
change his representative/agent the same procedure shall
be followed for the appointment of a new
representative/agent.
From the moment the agent so approved and appointed

takes charge of the Works he shall be held to be fully
authorized and empowered to represent and act for and on
behalf of the Contractor for all or any of the purposes of the
Contract, and notwithstanding the absence of any formal
authority or definite instructions from the Contractor to the
said agent or any defects therein, or the imposition of any
restrictions or limitations on the power or authority of such
agent by the Contractor, nothing whatsoever shall, in any
way, affect, qualify or limit the full authority or power of
such agent, or absolve the Contractor of his
liabilities/obligations under the Contract.
The Contractor shall forthwith remove from the site and the
Works, and not re-employ without the written permission of
the Owner obtained in this behalf, any agent whose removal
the Owner may have asked for in writing, or any assistant
whom the Owner may disapprove or whom he may consider
incompetent or insufficiently qualified or to have been guilty
of misconduct or negligence and whose removal the Owner
may have asked for in writing.
All communications 5.8 All notices, communications, references and complaints issued or
in writing made by the Owner or the Owner’s Representative or by the
Contractor, inter se, concerning the Works shall be in writing.
Notice on behalf of 5.9 Save as otherwise provided in the Terms of the Contract, all
Owner/Contractor notices to be given by and on behalf of the Owner and all
acts or things to be done by him and on his behalf shall be
given or done on his behalf by the Owner or the Owner’s
Representative.
In the case of any change in constitution of the Contractor’s

set up/Organization it shall forthwith be notified by the
Contractor to the Owner.
Time of Completion 5.10 Subject to any requirement in the specification as to Completion of

any portion of the Works before the Completion of the whole, the
whole of the Works shall be completed within the time stipulated
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in the agreed programme calculated from the Effective Date of

Contract or written Letter of Intent to commence the Works or
such extended time as may be allowed under 5.11 below.
Extension of time 5.11 Should the amount of extra or additional work of any kind or other
for Completion special circumstances of any kind whatsoever which may occur be
such as in the opinion of the Owner fairly entitle the Contractor to
an Extension of Time for the Completion of the Works, Owner shall
determine the period of such extension.
Provided that the Owner is not bound to take into account any
such extra or additional work or other special circumstances,
unless the Contractor has, within a reasonable time after such
work has been commenced, or such circumstances have arisen, or
as soon thereafter as practicable, delivered to the Owner full and
detailed particulars of any claim to extension of time to which he
may consider himself entitled in order that such claim may be
investigated at the time.
Liquidated Damages 5.12 If the Contractor will fail to complete the works within the time
for Delay prescribed or within the extended time, the Contractor shall be
liable to pay to the Owner the sum specified in the Contract as
Liquidated Damages for such default. The amount of Liquidated
Damages shall be proportional to time elapsed between the
Completion time prescribed or the extended time, as the case may
be, and the Date of Completion of the Works. The Owner may
without prejudice to any other mode of recovery deduct the
amount of such damages from any moneys in his hands due or
which may become due to the Contractor.
The payment or deduction of such damages shall not relieve the

Contractor of his obligation to complete the Works or of any other
obligations and liabilities under the Contract.
Occupation and use 5.13 No land belonging to or in the possession of the Owner shall be
of land occupied by the Contractor without the permission of the Owner.
The Contractor shall not use, or permit to be used the Site for any
purposes other than that for executing the Works. Any
compensation for use of the land during the Contract Period for
the purposes of executing work, if so stipulated, shall be payable
by the Contractor.
Relics 5.14 All gold, silver, oil and other minerals of any description and all
precious stones, coins, treasures, relics, antiquities, and other
similar things which shall be found in or upon the Site shall be
property of the Owner or otherwise as stipulated in Statutory laws,
and the Contractor shall duly preserve the same to the satisfaction
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of the Owner and shall, from time to time, deliver the same to
such person or persons as the Owner may appoint to receive the
same.
Excavated materials 5.15 The Contractor shall not sell, or otherwise dispose of, or remove,
except for the purposes of the Works, any sand, stone, clay, ballast,
earth, rock or other substances or materials which may be
obtained from any excavation made in or upon the Site, or any
building or produce standing upon the Site at the time of obtaining
the delivery or possession thereof and all such substances,
materials, buildings and produce shall be, and shall continue to be,
the property of the Owner, provided that the Contractor may, with
the permission of the Owner, use the same for the purposes of the
Works either free of cost or at such cost as may be determined by
the Owner.
Damage to persons 5.16 The Contractor shall indemnify and keep indemnified the
and property Owner/Consultant for all losses, liabilities and claims for injuries
and damage to any person or persons including those under his or
his Sub-Contractors i.e., his or his Sub-Contractor’s staff or
workmen etc., and any property whether belonging to any other
person including his or his Sub-Contractor’s whatsoever, which
may arise out of or in consequence of the construction and
maintenance of the Works against all claims, demands,
proceedings, damages, costs, charges and expenses whatsoever in
respect thereof or in relation thereto.
Sureties 5.17 The Contractor shall if the tender so provides, at his own expense
provide good and sufficient sureties and obtain guarantees from
insurance Company or Bank as approved by the Owner to be
jointly and severally bound together with him to the Owner in the
sum provided in the tender for the due performance of the
Contract.
Examination of Site 5.18 Contractor shall be deemed to have :

Conditions etc. and
Evaluation of Works visited and examined the Site, and obtained all the
necessary information on the possibility of carrying out the
Works, the availability of space and the general labour
position at Site, and that he has satisfied himself on all the
circumstances that could affect the Contract Value, prior to
signing of the Contract.
satisfied himself before tendering as to the correctness and
sufficiency of his tender for the Works and of the rates and
prices stated in the Bill of Quantities and/or the Schedule of
rates and prices which rates and prices shall (except in so
far as it is hereinafter otherwise provided) cover all his
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obligations under the Contract and all matters and things

necessary for the proper Completion and maintenance of
the Works.
In case, however, due to unforeseen conditions other
than weather conditions or obstruction, Completion of

Works needs carrying out additional items of work, the
Contractor shall obtain order of “Variation” from Owner
and settle other extra item rates thereof prior to taking up
such additional items of work.
However it is understood and agreed that no extra

payments shall be admissible to the Contractor consequent
upon any alleged misunderstanding or miscalculation or
arising out of any mistakes or factors not specifically
provided in the Contract.
Programme 5.19 As soon as practicable immediately after the receipt of Letter of

Intent/or receipt of Order/or signing of the Contract, the
Contractor shall submit to the Owner for the Owner’s approval a
programme commensurate with agreed Date of Completion of
Works, and showing the order of precedence and method in which
he proposes to carry out the Works and shall whenever required
by the Owner furnish for his information particulars in writing of
the Contractor’s arrangement for carrying out of the Works and of
the Contractor’s Plant and Temporary Works which the Contractor
intends to supply, use or construct as the case may be. The
submission to and approval by the Owner of such programme or
the furnishing of such particulars shall not relieve the Contractor of
any of his duties or responsibilities under the Contract.
Contractor’s 5.20 The Contractor shall give or provide all superintendence during the
Superintendence execution of the Works. In addition to the middle and lower level
personnel for supervision of the Works, the Contractor or his
competent and authorized Representative or Agent shall be
available at the Site and shall give their full time for the
superintendence of the Works.
Removal of Workmen 5.21 The Contractor shall employ in and about the execution of the
Works only such persons as are careful, skilled and experienced in
their several trades and callings and the Owner shall be at liberty
to object to and require the Contractor to remove from the Works
any person employed by the Contractor in or about the execution
of the Works, who in the opinion of the Owner, misconducts
himself or is incompetent or negligent in the proper performance
of his duties and such persons shall not be again employed upon
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the Works without the permission of the Owner.
Housing of Staff and 5.22 The Contractor shall at his own cost make suitable provision for the
Workmen housing of his employees/staff/workmen within a reasonable
distance of the Works and shall be responsible for the water
supply, sanitary arrangements conservancy thereof as per the
requirement of the Owner and/or any statutory or other authority
and shall take necessary permissions, if any from the relevant
authorities.
Health 5.23 The Contractor shall be responsible for giving all necessary notices
of infectious and contagious diseases and for the due isolating and
removal of such cases from the Site.
Setting-out 5.24 The Contractor shall be responsible for the true and proper
setting-out of the Works and for the correctness of the position
levels, dimensions, and alignment of all parts of the Works and for
the provision of all necessary instruments, appliances and labour
in connection therewith.
If at any time during the progress of the Works any error shall
appear or arise in the position, levels, dimensions or alignment of
any part of the Works, the Contractor, on being required to do so
by the Owner, shall at Contractor’s own expense rectify such error.
The checking of any setting-out or of any line or level by the Owner
or the Owner’s Representative shall not in any way relieve the
Contractor of his responsibility for the correctness thereof, and the
Contractor shall carefully protect and preserve all bench-marks,
site-rails, pegs and other things used in setting out the Works.
Watchmen and 5.25 The Contractor shall in connection with the Works provide and
Lighting maintain at his own cost all lights, guards, fencing and watchmen
when and where necessary or required by the Owner, or by any
competent statutory or other authority, for the protection of the
Works or for the safety and convenience of the public or other.
Use of Explosives 5.26 The Contractor shall not use any explosive compound in
connection with the Works except with the consent in writing of
the Owner and after obtaining due permissions from the relevant
authorities and will comply with all applicable regulations and only
at such times and place as the Owner may direct, but such consent
and direction shall not relieve the Contractor of his responsibility
for any accident or damage to life and/or property consequent
upon the use of such compound. All explosives shall be properly
stored, issued and used in accordance with statutory
regulations/conditions of licences Only men experienced in the use
of explosives shall be engaged on this work and due warnings shall
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be given to all concerned and men with red flags by day and red
lamps by night shall be posted to warn approaching traffic and
persons when shot firing is in progress. The shots shall be properly
covered and loaded and only moderate charges shall be used. No
claims shall be made by the Contractor upon the Owner should the
use of explosives be partly or wholly prohibited.
Work based on 5.27 Contractor shall reimburse the reasonable direct expenses
Contractor’s information incurred by the Owner in the rectification of the Works done by
the Owner and for others which is based on inaccurate or
incomplete information supplied by the Contractor. The Owner
shall however be responsible for such errors to such extent as they
are due to inaccurate information supplied by the Owner.
Safety 5.28 All the Contractor’s Equipment shall be such that it, prior to or
during its use, is properly maintained by the Contractor.
Contractor shall be solely responsible for the safe working of such
equipment.
Prior to starting work at the Project site, the contractor and

its sub-contractors, if any, and personnel are required to
attend the Consultant’s/ owner’s safety orientation. The
contractor will be required to comply with all rules and
regulations set forth by the Consultant/ Owner in
performance. The contractor shall provide, prior to
mobilization, a hazardous communication plan and Material
Safety Data Sheets for all hazardous classified materials
associated with the goods to the Consultant/ Owner. The
contractor shall be solely responsible for executing the work
in a safe manner consistent with all herein contained safety
references, and shall take whatever means necessary to
ensure compliance on behalf of his sub-contractors. The
contractor shall be explicitly responsible for carrying out the
pollution control and environmental protection measures
required by owner and the local laws. The contractor shall
furnish construction equipment which meets to exceeds all
the Consultant’s / owner’s safety requirements.
OSHO : All materials, equipment supplied and/or work
performed under this purchase order must comply with the
Occupational Safety and Health Act of 1970, (OSHO) and/or
Mine Safety and Health Act of 1977 (MSHA)
The Contractor shall observe safety regulations in order to

execute the Works in safe manner. Such safety regulations
are intended to ensure safety to the Works, to the staff and
workmen of the Contractor and also for the safety in general
and shall alone be responsible for all liabilities for any
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accident occasioned due to failure on such account.
The Contractor shall obtain from the Owner a permission

certificate before starting work in any place on the Site. The
Contractor shall inform his employees and Sub-
Contractors/his employees of any special conditions on the
certificate which are applicable to them. The certificate will
be valid for a specified portion of the Works and for a
specified period and must be renewed as required. The
Owner may cancel the certificate before its expiry if
conditions demand.
Whenever work is being carried out above ground level

and there is a reasonable possibility of injury to persons
or property in the event of anything falling, adequate
precautions shall be taken to prevent such injury by
railing of the danger area below and the display of
“Keep Clear” notices, OR by the provision of safety
sheets adequate to catch anything that might fall.
Contractor shall enforce the use of and provide at his
own cost to his staff/workmen or to his Sub-
Contractor’s staff/workmen necessary safety appliances
including helmets, safely belts, gas masks etc. as
required, depending upon the nature of the work.
If anything is to be dropped/lifted deliberately from/to

a height then in addition to the other precautions set
out in this Clause one man at least shall during the
period of such operation be posted outside the danger
area whose sole duty shall be to ensure that no person
enters the danger area.
The Contractor is required to report immediately to the

Owner/Consultant any accident or dangerous occurrence.
Temporary huts must not be erected until the location has

been agreed with the Owner.
The Contractor shall before bringing a source of ionizing

radiation or a machine capable of producing ionizing
radiation on to the Site obtain the approval in writing of the
Owner on the procedures to be followed in the safe
transport, receipt, registration, storage and use of the source
of ionizing radiation. The Contractor shall observe and shall
ensure that all his employees and Sub-Contractors observe
the procedures so approved by the Owner.
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The Owner/Owner’s Representative shall have right to

inspect the observance of safety regulations and use of
safety appliances and when necessary take necessary
measure to ensure that the Works are executed in safe
manner.
Payment of charges and 5.29 When called upon by the Owner, the Contractor shall pay the
fees to local/statutory charges and/or fees required to be paid in accordance with other
authorities regulations at or bye-law of any local or other statutory authority
or public bodies and or Companies whose property and rights may
be affected in relation to the execution of the Works. The
Contractor shall conform with the provisions of such regulations,
acts or bylaws, which may be applicable to the execution of the
Works. Unless otherwise so stated, upon production of
satisfactory evidence the Owner shall repay to the Contractor all
such pre-approved sums that may have been paid by the
Contractor in order to proceed with the Works. However, unless
otherwise specifically provided, the Contractor shall not be
responsible for obtaining permissions in respect of above and the
Owner shall obtain such permissions when required.
Site Working Conditions 5.30 Contractor shall observe the Site Working Conditions as applicable
to the premises where the Works are to be carried out.
Patent Rights and 5.31 The Contractor shall indemnify/indemnifies the Owner from and
Royalties against all claims and proceedings for, or on account of
infringement of any patent rights, design, trade marks, or name or
other protected rights in respect of any constructional
equipment/machinery/work or material used for or in connection
with the execution of the Works.
Interference with traffic 5.32 The Contractor shall conduct his operations in respect of the
and adjoining properties execution of the Works so that such operations do not interfere
with the traffic within, from and to the Site of the Works. The
Contractor shall take all precautionary and other measures such as
providing warning signals, temporary diversions etc., and shall
exercise full care to ensure that no damage is caused by him to the
existing structures and public utilities such as water supplies,
power lines etc. Contractor shall indemnify/indemnifies the
Owner in respect of any claims, demands, proceedings, costs,
charges and expenses whatsoever arising out of or in relation to
such matters.
Facilities of other 5.33 The Contractor shall afford all the reasonable facilities to any other
Contractors Contractor employed by the Owner at the Site, when called for by
the Owner. Settlement of payment of charges for affording such
facilities to other contractor shall however be the responsibility of
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the Contractor.
Advertising and 5.34 No advertising, publicity matter or other literature/photographs in

Publicity relation to the Contract or the Works shall be utilised or published
by the Contractor without written permission of the
Consultant/Engineer/Owner’s Representative.
Photographs 5.35 Taking by the Contractor of photographs of the Works or any

portion thereof is expressly forbidden. The Contractor shall be
responsible for the observance of this Clause by his employees and
by the employees of his Sub-Contractors.
If required, and agreed by the Owner, the Contractor shall take at

his own expense, photographs of the Works or any portion thereof
with the express permission of the Engineer/Owner’s
Representative. However, copyright of the photographs shall rest
with the Owner.
The Contractor shall, however, arrange to take photographs of

Works or portion of the Works, during construction for purpose of
progress reports. For taking such photographs also,
Engineer/Owner’s Representative’s permission shall be obtained
by the Contractor.
ARTICLE 6 - DUTIES AND POWER OF THE ENGINEER/ OWNER’S REPRESENTATIVE
6.1 Whether or not the Engineer/Owner’s Representative is a servant of the Owner or the Consultant
or deemed to be the servant of the Owner or the Consultant,
except to the extent otherwise stated in the Contract, the Engineer shall have full authority
to act on behalf of the Owner in connection with the Contract, and
the Owner shall cause the Engineer to perform every act required under the Contract to be
performed by the Engineer, and
any obligation stated in the Contract to be the obligation of the Engineer shall be deemed to
be the obligation of the Owner, and
The Owner shall be responsible for any act, neglect or commission of the Engineer as if it
were an act or commission of the Owner.
In all matters where Engineer is required, authorized, or, under the Contract, to exercise
discretion or make a judgment or form an opinion, he shall do so to the best of his
professional skill and judgment as a professional engineer and shall be impartial as between
the Owner and Contractor.
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6.2 Upon commencement of the Works at the Site, the Owner may appoint a person from the
Consultant or otherwise to act as Engineer/Owner’s Representative at the Site and may from time
to time change such appointment if required. The Engineer/Owner’s Representative shall have
authority to condemn any workmanship or material which is not in accordance with the Contract
and the Contractor at the earliest shall comply therewith.
6.3 The duties of the Engineer/Owner’s Representative are to watch and supervise the Works and to
witness tests and examine any materials to be used or the workmanship employed in connection
with the Works.
The Owner may, from time to time, in writing, delegate to the Consultant/Engineer/Owner’s
Representative any of the powers and authorities that may be required to ensure orderly execution
of the Works.
Any written instructions or written approval given by the Engineer/Owner’s Representative to the
Contractor within the terms of such delegation (but not otherwise) shall bind the Contractor and
the Owner, as though it had been given by the Owner. Provided always that,
any failure of Engineer/Owner’s Representative to disapprove any work or materials shall not
prejudice the power of the Engineer thereafter to disapprove such work or materials or to
order the pulling down, removal or breaking-up thereof.
If the Contractor shall be dissatisfied by reason of any decision of the Engineer/Owner’s

Representative, he shall be entitled to refer the matter to the higher authorities of the
Owner/Consultant who shall thereupon confirm, reverse or vary such decisions, if deemed
necessary.
ARTICLE 7 - EXECUTION OF THE WORKS
Commencement of 7.1 The Contractor shall commence the Works within 10 days or as
Works stated in the Special Conditions of Contract after the receipt by
him of an order in writing to this effect from the Engineer/Owner’s
Representative and shall proceed with the execution of the Works
with due expedition and without delay except as may be expressly
sanctioned by the Owner or be wholly beyond the Contractor’s
control.
Compliance with Engineer/ 7.2 The Engineer/Owner’s Representative shall direct the Contractor in
Owner’s Representative respect of the several parts of the Works to be executed and the
Contractor shall execute the Works from time to time in
accordance with the agreed Programme. Notwithstanding the
foregoing provision, the Contractor shall continue to be
responsible and shall not in any way be absolved of his obligations
and responsibilities for the due performance of the Contract, in
respect of the execution of the Works and other obligations.
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Alterations to the 7.3 The Engineer/Owner’s Representative shall have right to

Works alterations, additions or omissions from or abandonment to
any part of the Works. However, the Engineer/Owner’s
Representative shall authorize such alterations, omissions or
amendments under written instructions and it shall be duty
of the Contractor to abide by such authorization.
If any work over and above that included in the Contract is

required to be executed at the Site, the Contractor shall have
no right to be entrusted with the execution of such additional
work, but Engineer/Owner’s Representative shall have the
right to appoint any other Contractor if in his point of view it
is necessary.
Custody of drawings 7.4 The Drawing shall remain in the custody of the
Engineer/Owner’s Representative at the Site but two copies
thereof shall be furnished to the Contractor free of cost in
order to enable him to execute the Works. On completion of
Works, the Contractor shall return all such Drawings provided
to him under the Contract.
Ownership of Drawings All designs, drawings, specifications and other documents
and Specifications furnished by the Engineer/Owner’s Representative to the
Contractor including all features whether patented or
patentable or not, or whether separately or collectively
shown shall be the exclusive property of the Owner and/or
Consultant as the case may be and must be considered
confidential and must not be lent or reproduced in whole or
in part nor used for any purposes other than the execution of
the Contract without the previous written consent of the
Owner and/or Consultant as the case may be. Such drawings,
designs and other documents are loaned by the Owner
and/or Consultant to the Contractor for the execution of the
Works.
Engineer/Owner’s The Engineer/Owner’s Representative shall furnish with

Representative’s power reasonable promptness on request of the Contractor
to issue further drawings and additional instructions, Drawings or other documents
instructions necessary for the proper execution of the Works. The
Engineer/Owner’s Representative shall have full power to
make further drawings and to give all further instructions that
may appear necessary or desirable for the guidance of the
Contractor for necessary maintenance of the Works and the
Contractor shall be bound by the same.
Meaning and intent If any dispute or doubt arises as to the meaning or intent of
of specifications and the specifications and drawings or as to the execution of the
drawings Works or the quality of any material or as to the
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measurement of the Works, the decision of the

Engineer/Owner’s Representative shall prevail.
If neither drawings nor specifications contain any mention or

description of minor details which are reasonable and
obvious and are intended for satisfactory completion of the
Works, the Contractor shall provide such materials/services
without any extra cost, as if the same were mentioned and
shall be deemed to be included in the Contract.
Drawings to be prepared The Contractor shall prepare and furnish required number of
and supplied by Contractor copies of the drawings that he may have to prepare under the
provision of the Contract. Such drawings/documents shall be
prepared by him sufficiently before the commencement of
the relevant part of the Works or part thereof commensurate
with the programme and the Contractor shall obtain approval
from Engineer/Owner’s Representative before taking up the
Works.
All statements, returns and other records in connection with

the execution of the Works which the Contractor may be
required to submit through the progress of the Works to the
Engineer/Owner’s Representative, the Contractor shall do so
promptly.
All costs and expenditure which may be incurred in

compliance of the above shall be met by the Contractor and
borne by him.
Provision of sheds 7.5 The Contractor shall at his own expense provide sheds,
storehouses and other storehouses and yards as required for the efficient execution of the
construction equipment Works. The Engineer/Owner’s Representative shall have at all
at site reasonable times free access to such sheds, storehouses or yards
for purpose of inspecting the stock of materials and construction
equipment. The Contractor shall at his own expense provide and
maintain suitable arrangements and equipment that may be
deemed necessary for the skillful execution of the Works.
Materials and 7.6 Except where otherwise specified, the Contractor shall at his
Workmanship own expense supply and provide all necessary construction
equipment, Temporary Works, materials both for Temporary
and for permanent Works, labour (including the supervision
thereof) transport to and from the Site and in and about the
Works and other things of every kind required for the
construction, Completion and Maintenance of the Works.
Delivery of the Material The Contractor shall be responsible for receiving and off-
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loading all construction equipment, materials, tools, etc.

delivered to the Site. The Contractor shall consign goods or
materials to the Site in his own name unless required
otherwise.
All Plant and materials and the Contractor’s Equipment before

being consigned to the Site shall be clearly marked with the
Contractor’s name and the order number together with such
other markings as required by the Owner.
Material supplied by Where the Contract provides for the use in temporary
the Owner or permanent Works of any material to be supplied by
the Owner, the Contractor shall use the same for the
purpose intended, and shall obtain or accept delivery of
the said material from the Owner from or at such a
place as directed by the Owner and shall use such
material in the temporary or permanent Works.
On accepting material supplied by the Owner under
paragraph (a) of this sub-clause the Contractor shall
satisfy himself that it conforms with the provisions of
the Contract and shall report any defective material to
the Engineer/Owner’s Representative whereupon the
orders of the Engineer/Owner’s Representative shall be
carried out as to the disposal of such defective material.
The Contractor after accepting material supplied by the
Owner under paragraph (a) of this sub-clause having
satisfied himself that it conforms with the provisions of
the Contract, shall be entirely responsible
for it, provided that any such material which in the
opinion of the Engineer/Owner’s Representative could
not reasonably have been found to be defective on
acceptance by the Contractor, and which is thereafter
shown to have been so defective shall be replaced at
the Owner’s expense.
Unless the material supplied by the Owner is issued to

the Contractor as `Free Issue Material’ (FIM) the value
of material supplied by the Owner to the Contractor
under paragraph (a) of this sub-clause shall be
deducted by the Owner from any moneys due or which
may become due to the Contractor at rates set out in
the Contract or if they are not so contained in the
Contract the value shall be considered to be the cost
price which for the purpose of this sub-clause shall
include the cost of carriage and all other expenses
whatsoever which shall have been incurred by the
Owner in obtaining delivery of the same.
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Any material supplied by the Owner under paragraph

(a) of this sub-clause whether as FIM or at a cost,
unused and or in perfectly good condition at the time
of Completion or Determination of the Contract shall be
returned by the Contractor to the Owner. The value of
such material returned to the Owner by the Contractor
on the written instructions of the Engineer/Owner’s
Representative, shall be determined in accordance with
paragraph (d) of this sub-clause and shall be adjusted
with any moneys due or which may become due to the
Contractor.
The Contractor shall not be entitled to return to the

Owner any material supplied under paragraph (a) of
this sub-clause unless the Engineer/Owner’s
Representative so orders the return of such material.
The Contractor shall have no claim of compensation on
account of any such material being unused by him not
required and to be returned to the Owner and for any
wastage in or damage to any material supplied under
paragraph (a) of this sub-clause.
If there be any delay in obtaining material from the
Owner under paragraph (a) of this sub-clause, the
Contractor shall so adjust the progress of the Works
that his labour and equipment shall not remain idle.
The Contractor shall have no claim for compensation on
account of any such delay
Use of Indigenous As far as possible material of indigenous manufacture shall be

Material used on any part of the Works.
Quality of Materials All materials and workmanship shall be of the respective

and Workmanship kinds described in the Contract and in accordance with
and Tests the Engineer/Owner’s Representative’s instructions and
shall be subjected from time to time to such tests as the
Owner may direct at the place of manufacture or
fabrication or on the Site or at all or any of such places.
The Contractor shall provide such assistance,
instruments, machines labour and material as are
normally required for examining, measuring and testing
any work and the quality, weight or quantity of any
material used and shall supply samples of materials
before incorporation in the Works for testing as may be
selected and required by the Engineer/Owner’s
Representative.
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Cost of samples All samples shall be supplied by the Contractor at his

own cost if the supply thereof is clearly intended by or
provided for in the specifications or Bill of Quantities,
but if not, then at the cost of the Owner.
Cost of Tests The cost of carrying out/conducting any test shall be

borne by the Contractor if such test is clearly intended
by or provided for in the Specifications or Bill of
Quantities and (in the cases only of a test under load or
of a test to ascertain whether the design of and finished
or partially finished work is appropriate for the purposes
which it was intended to fulfill) is particularized in the
Specification or Bill of Quantities in sufficient detail to
enable the Contractor to price or allow for the same in
his Tender.
Cost of Tests not If any test is ordered by the Owner, which, in the
provided for etc. opinion of the Contractor is either,
not so intended by or provided for or
(in the cases above mentioned) is not so

particularized
though so intended or provided for is ordered by
the Engineer/Owner’s Representative to be carried
out by an independent person at any place other
than the Site or the place of manufacture or
fabrication of the materials tested, then the cost of
such test shall be borne by the Contractor if the test
shows the workmanship of materials not to be in
accordance with the provisions of the Contract or
the Engineer/Owner’s Representative’s instructions
but otherwise by the Owner.
Access to site etc. The Owner and any person authorized by him shall at all
times have access to the Works and to the Site and to all
workshops and places where work is being prepared or
whence materials manufactured articles and machinery are
being obtained for the Works and Contractor shall afford
every facility for and every assistance to obtaining right to
such access.
Examination of Work No work shall be covered up or put out of view without the
before covering up approval of the Engineer/Owner’s Representative and the
Contractor shall afford full opportunity for the
Engineer/Owner’s Representative to examine and measure
any work which is about to be covered up or put out of view
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and to examine excavations and foundations before

permanent work is placed thereon. The Contractor shall give
due notice to the Engineer/Owner’s Representative whenever
any such work, excavations or foundation is or are ready or
about to be ready for examination and the Engineer/Owner’s
Representative shall without unreasonable delay unless he
considers it necessary and advises the Contractor accordingly,
attend for the purpose of examining and measuring such
work or of examining such excavations and foundations.
Uncovering and The Contractor shall uncover any part or parts of the Works
making openings or make openings in or through the same as the
Engineer/Owner’s Representative may from time to time
direct and shall re-in state and make good such part or parts
to the satisfaction of the Engineer/Owner’s Representative. If
any such part or parts have been covered up or put out of
view after compliance with the requirements of sub-clause (v)
above of this Clause and are found to be executed in
accordance with the Contract the expenses of uncovering,
making openings in or through, reinstating and making good
the same shall be borne by the Owner, but in any other case
all such expenses shall be borne by the Contractor and shall
be recoverable from him by the Owner or may be deducted
by the Owner from any moneys due or which may become
due to the Contractor.
Removal of improper The Engineer/Owner’s Representative shall during the

work and Materials progress of the Works have power to order in writing from
time to time
The removal from Site within such time or times as may
be specified in the order of any materials which in the
opinion of the Engineer/Owner’s Representative are
not in accordance with the Contract.
The substitution of proper and suitable materials,

and
The removal and proper re-execution (notwithstanding

any previous test thereof or interim payment thereof)
of any work which in respect of materials or
workmanship is not in the opinion of the
Engineer/Owner’s Representative in accordance with
the Contract.
Efficient and skillful The whole of Works and/or supply of materials specified and
execution of Work provided in the Contract, or that may be necessary to be done
in order to form and complete any part thereof shall be
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executed in the best and most substantial workmanlike

manner with materials of the best and most approved quality
of the respective kinds according to: (I) the particulars
contained in or implied by the specifications and as referred
to in and represented by the drawings or (ii) in such other
additional particulars, instructions and drawings as may be
found requisite to be given during the execution of the
Works, and (iii) the applicable standards and if not so
specified, internationally accepted standards, and to the
entire satisfaction of the Engineer/Owner’s Representative.
Placing and keeping of 7.7 The Contractor shall at all times place and keep on the work
supervisory staff by an adequate number of efficient and competent staff to give
Contractor at the the necessary directions to his workmen in the execution of
Site of work the Works and to see that the workmen execute the work in
sound and proper manner and shall employ only such
supervisors, workmen and labourers in or about the
execution of the Works as are careful and skilled in their
various trades and callings. The Contractor shall forthwith
remove from the Work any agent, permitted sub-contractor,
supervisor, workmen or labourer objected to by the
Engineer/Owner’s Representative and, if and whenever so
required by the Engineer/Owner’s Representative the
Contractor shall submit a correct return showing the names
of all staff and workmen employed by him in or about the
Works. In the event, however, of the Engineer/Owner’s
Representative being of the opinion that the Contractor isn’t
employing on the Works such number of staff and workmen
as is reasonably necessary for the proper completion of the
Works within the time prescribed, he shall forthwith
communicate his opinion in writing to the Contractor and the
Contractor shall, within seven days of the receipt of the said
communication, be bound to employ such additional staff and
labour as may be required by the Engineer/Owner’s
Representative, and any failure on the part of the Contractor
to comply with such instructions shall entitle the Owner to
rescind the Contract under Article 21 of the General
Conditions of Contract.
Rates of Wages and The Contractor must get himself registered/get a license for
Hours and Conditions the work as per provision for the Contract Labour (Abolition &
Regulation) Act 1970 and shall comply with all the stipulations
of this Act, and shall keep/keeps the Owner/Consultant
indemnified against any loss and/or damage arising out of the
Contractor’s being liable under the provision of this Act in
whatsoever manner.
The Contractor shall pay rates of wages and observe hours

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and conditions of labour not less favourable than those

established for the trade or industry in the district where the
Works are carried out. In the absence of any rates of wages,
hours or conditions of labour so established, the Contractor
shall pay rates of wages not less than the general level of
wages observed by other employers whose general
circumstances in the trade or industry in which the Contractor
is engaged are similar and observe hours and conditions of
labour not less favourable than those prescribed by the State
Government for the same or similar nature of work in district
in which the work is done.
Certificate of The Contractor shall in respect of all persons employed by

Compliance with him (whether in the execution of the Contract or otherwise)
Conditions of Clause in every factory, workshop or place used by him for the
execution of the Contract, comply with the general conditions
of this Clause and if required by the Owner shall before
entering into the Contract certify that to the best of his
knowledge and belief he has complied with such general
conditions.
Compliance with In respect of all persons directly or indirectly employed in the
Labour Regulations Works, the Contractor shall comply with or cause to be
complied with the Labour Regulations made from time to
time by the Owner, the Central Govt. or the State
Government as the case may be, in regard to payment of
wages, period deductions from wages, recovery of wages not
paid, and deductions unauthorized made, maintenance of
Wage Register, wage cards, publication of scale of wages, and
other terms of employment, inspection and submission of
periodical returns and any or all other matters of a like
nature. The Contractor/Sub-Contractor shall fully indemnify
and keep indemnified the Owner/Consultant of all charges,
fines, claims, and damages of whatsoever nature borne or
suffered by or made against the Owner/Consultant as a result
of the Contractor’s non-compliance with any Statutory or
Customary requirements in the performance of the
Contractor’s obligations under this Contract.
Power of Owner in case The Owner shall have the right to deduct from any moneys
of non-fulfillment by due or which may become due to the Contractor any sum
Contractor of Labour required or estimated to be required for making
Benefit Rules good the loss suffered by a worker by reason of non-
fulfillment of the Conditions of the Contract for the benefit of
the worker, non-payment of wages or of deductions made
from his wages which are not justified by the terms of the
Contract or non-observance of the Regulations.
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Workmen’s Compensation In every case, in which by virtue of the provisions of the

Act Workmen’s Compensation Act 1923, the Owner is obliged to
pay compensation to a person employed by the Contractor in
execution of the Works, the Owner will recover from the
Contractor the amount of the compensation so paid and
without prejudice to the rights of the Owner under the said
Act. The Owner shall be at liberty to recover such amount or
any part thereof by deducting it from any moneys due or
which may become due to the Contractor whether under this
Contract or otherwise. The Owner shall not be bound to
contest any claim made against it under the said Act except
on the written request of the Contractor and upon him giving
to the Owner full security for all costs for which the Owner
might become liable in consequence of contesting such claim.
Footwear for certain The Contractor shall at his own expense provide footwear
Employees approved by the Engineer for all persons performing Cement
mixing or road tarring work under this Contract and on his
failure to do so the Owner shall be entitled to provide the
same and recover the cost from the Contractor.
In respect of persons directly or indirectly employed on the

Works, the Contractor shall at his own expense comply with
or cause to be complied with all the rules and regulations
framed by the Owner, State or Central Governments from to
time for the protection of health safety and sanitary
arrangements of workers employed by him or his Sub-
Contractors.
The Contractor shall keep proper wage-books and time sheets

showing wages paid and time worked by all labour directly or
indirectly employed on the Works by him and such wage-
books and time sheets shall be produced whenever required
for inspection by the Owner/Engineer’s Representative.
Observance by The Contractor shall be responsible for the observance of the

Sub-Contractors provisions of this clause by Sub-Contractors employed by him
in the execution of the Contract.
Return of Labour etc. The Contractor shall, if required by the Engineer/Owner’s

Representative deliver to the Engineer/Owner’s
Representative or at his office a return in such form and at
such intervals as the Engineer/Owner’s Representative may
prescribe showing in detail the names of the individuals and
the number of the several classes of labour from time to time
employed by the Contractor on the Site and such information
in respect of Contractor’s equipment as the Engineer/Owner’s
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Representative may require.
Supply of 7.8 If the Contractor requires supply of electricity on the Site for the
Electricity and Water purposes of the Works and a supply is available to the Owner, the
Owner shall at the request of the Contractor provide such
electricity as may be available at a point and voltage, most
convenient to the Owner. The Contractor shall provide all
connections and apparatus required for the utilization of the
electricity so provided and the Contractor shall be responsible for
safe use of the supply from this point and for the adequacy of all
equipment connected thereto including supervision as required by
the Indian Electricity Rules 1956 (Ministry of Irrigation and Power)
and shall pay, unless otherwise stated, to the Owner for all
electricity used at an agreed rate per unit. The Contractor shall
not otherwise interfere with any part of the electric supply.
The Contractor shall submit to the Engineer/Owner’s

Representative for approval, details of the installation he proposes
before taking up the Work.
Unless otherwise stated in the Special Conditions of Contract the

Owner shall allow the Contractor the free use for the purposes of
the Works of any water available on the Site but the Contractor
shall supply all pipeline, hose, tanks, cocks and other apparatus
necessary for the utilization of the supply and shall be responsible
for ensuring that the water is suitable for the purpose for which it
is used and that it is not wasted.
ARTICLE 8 - PROGRAMME AND COMPLETION OF WORKS
Programme & i) The Contractor shall prepare a Programme for the Completion of
Progress Reports Works in accordance with the provisions of clause 5.19 of Article 5.
Programme so prepared by the Contractor shall indicate sequence
in and date by which the Contractor proposes to perform his
obligations under the Contract and also the date by which the
Contractor reasonably requires, that the Engineer/Owner’s
Representative should have provided any further drawings or
information or taken any other action to permit the Contractor to
so perform his obligations under the Contract.
The Contractor shall also if so required by the Engineer/Owner’s

Representative, prepare and submit a detailed Programme of
Construction and the number of tradesmen/workers whom the
Contractor proposes to deploy at the Site in order to perform his
obligations under the Contract commensurate with the
Programme.
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If at any time, the Contractor’s performance under the Contract

falls behind the approved Programme, or it becomes clear that it
will so fall behind, then the Engineer/Owner’s Representative may
require the Contractor to revise the approved Programme in light
of the circumstances and to re-submit it for approval in order to
achieve the Date of Completion.
.
The Contractor shall submit periodical Progress Reports as
required by the Engineer/Owner’s Representative.
Delays and ii. If the Contractor shall be delayed in the performance of any
Extension of Time of his obligations under the Contract by any of the matter
specified in sub-clause ii (b) hereunder, he shall forthwith give
notice thereof to the Engineer/Owner’s Representative and
shall become entitled to such reasonable extension of date or
period specified in the Contract for the Completion as shall in
all circumstances be fair and reasonable. The
Engineer/Owner’s Representative shall as soon as extent and
consequence of any such delays are known, grant such
extension by notice both to the Owner and to the Contractor.
A notice given by the Contractor under Article 16 shall also
constitute a notice under this sub-clause.
The matters of delay entitling the Contractor to an

extension of Completion Date, under this clause are,
Delay caused by exceptional weather conditions or

unforeseen obstructions.
Delay due to variation order which is not withdrawn or

Contractor’s request for variation except where such
requests relate to the defect or default on the part of the
Contractor.
Any suspension order given by the Engineer/Owner’s

Representative except where given by reason of
Contractor’s breach of the Contract.
4. Delay caused by Force Majeure Conditions
5. Delay caused by the Owner
The Contractor shall at all times use his best endeavors to minimize
any delays in the performance of his obligations under the
Contract, whatever may be the cause of such delay.
Liquidated Damages iii. If the Contractor shall fail to complete the Works within the Date
for Delay of Completion or the revised Date of Completion as the case may
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be, Contractor shall be liable to pay Liquidated Damages as

provided under clause 5.12 in Article 5 and as per the Special
Conditions of Contract.
No Night or iv. Subject to any provision to the contrary contained in the Contract
Sunday Work none of the permanent work shall, save as hereinafter provided,
be carried on during the night or on Sundays or holidays without
the permission in writing of the Engineer/Owner’s Representative,
save when the work is unavoidable or absolutely necessary for the
saving of life or property or for the safety of Works in which case
the Contractor shall immediately so advise the Engineer/Owner’s
Representative, provided always that the provisions of this Clause
shall not be applicable in the case of any work which it is necessary
to carry out by rotary or double shifts.
Rate of Progress v. The whole of the materials, construction equipment and labour to
be provided by the Contractor and the mode, manner and speed
of execution and maintenance of the Works are to be of a kind and
conducted in a manner approved of by the Engineer/Owner’s
Representative. Should the rate of progress of the Works or any
part thereof, be at any time, in the opinion of the
Engineer/Owner’s Representative, too slow to ensure the
completion of the Works by the prescribed time or extended time
for Completion, the Engineer/Owner’s Representative shall so
notify the Contractor in writing and the Contractor shall thereupon
take such steps as the Contractor may think necessary and the
Engineer/Owner’s Representative may approve to expedite
progress so as to complete the Works by the prescribed time or
extended time for Completion. If the Work is not being carried on
by day and by night and the Contractor shall request permission to
work by night as well as by day, then if the Engineer/Owner’s
Representative shall grant such permission, the Contractor shall
not be entitled to any additional payment for doing so. All the
work at night shall be carried out without unreasonable noise and
disturbance.
ARTICLE 9 - THE OWNER’S OBLIGATIONS
Besides the Owner’s various obligations stipulated in the appropriate Articles in the Contract, following are
Owner’s obligations in general:
Payment to Subject to various provisions under the Contract, the Owner shall
Contractor make payment to the Contractor for the work done and duly certified
by the Engineer/Owner’s Representative. Such payment shall be
based on the periodical Running Accounting Bills (R.A.Bills) as
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provided for in the relevant clauses of the Contract.
Issue of Drawings The Owner shall issue drawings and the Specifications to the
and Documentation Contractor in a phased manner commensurate with the agreed
Programme.
Access to Site The Owner shall make available to the Contractor proper access to
areas for Works the Site and various areas for the Works and also areas necessary for
storing the Contractor’s construction materials, fabrication yard, site
office etc., as provided in the Contract.
Water and The Owner shall provide electricity and water at a point from where
Electricity these services can be taken by the Contractor to the Works as
required. Relevant provisions in the Contract (vide 7.8) in this
respect, shall be applicable. This clause is subject to the relevant
provision of Special Conditions of the Contract.
Materials to be provided The Owner shall provide Free Issue Materials to the Contractor as
by the Owner/Free Issue and when required if so specified in the Special Conditions of
Materials Contract. Relevant provisions of the Contract in this respect shall be
applicable.
ARTICLE 10 - THE OWNER’S INSTRUCTIONS
The Owner’s 10.1 The Owner in particular may issue without prejudice to the
Instructions generality of the Owner’s right to give instructions under the
terms of the Contract, and the Contractor shall comply with
the instructions in connection with:
The variations hereinafter defined under 10.1(b) below.
The progress and safety of the Works, and the order of

working.
The removal of any person brought to the Site by the

Contractor whose presence in the Owner’s opinion is
undesirable.
The inspection of the works or part thereof and/or the

Contractor’s Temporary Works by or for the Owner at
maker’s works or elsewhere.
The co-ordination of the Works with the work carried

out by others at the Site.
vi. The suspension of any part of the Works

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The re-testing of the Works, the removal of defective

Works and any other work necessary for the proper
fulfillment of Contractor’s obligations pursuant to
Contract.
Variation A “Variation”/”Extra Item Work” means an Order by the

Owner covering any change in the Works or any material
alteration to approved programme caused by the Owner or by
another Contractor employed by the Owner on the Site. Such
“Variation”/”Extra Item Work” will be intimated in writing by
the Owner/Contractor to the other party and will be covered
by an amendment to the Order/Contract as required.
Cost of Variation 10.2 Where practicable, the amount to be paid by or to be recovered by

the Owner for a Variation/Extra Item Work shall be agreed before
implementing the variation/extra item work. In the absence of
prior agreement, the Contract Value shall be changed as may be
justified by the Contractor and certified by the Engineer/Owner’s
Representative based on all available documentary evidence
required for this purpose. Rates for such variation/extra item work
shall be worked out on the basis of rates of similar item in the
Contract, of if the Contract provides for a basis for the same.
Contractor shall however continue to work and discharge his
obligations under the Contract pending decision regarding rates for
such variation/extra item work. However, Contractor shall not
refuse to accept/execute the variation in / to the Work.
Effects of 10.3 No Variation shall affect any of the Contractor’s responsibilities and
Variation obligations under the Contract, unless he has notified the Owner
within 14 days of receipt of the Variation, whereupon,
responsibilities/obligations shall be modified as may be justified.
Site Inspection/ 10.4 The Contractor shall afford to the Owner full opportunity to
Expenses thereof examine any of the Works/part of the Works which are about to be
hidden from view. The Contractor shall uncover any part of the
Works as the Owner may direct and shall make good such part to
the satisfaction of the Owner.
ARTICLE 11 - MEASUREMENT OF WORKS
Quantities in 11.1 The quantities set out in the Bill of Materials are the estimated
Bill of Materials quantities of the Works but they are not to be taken as the actual
and correct quantities of the Works to be executed by the
Contractor in fulfillment of his obligations under the Contract.
Works to be 11.2 The Engineer/Owner’s Representative shall accept as otherwise

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Measured stated ascertain and determine by admeasurement the value in

accordance with the work done as per the Contract. He shall when
he requires any part or parts of the Works to be measured give
notice to the Contractor who shall forthwith attend or send a
qualified agent to assist the Engineer/Owner’s Representative in
making such measurement and shall furnish all particulars required
by either of them. Should the Contractor not attend or neglect or
omit to send such agent then the measurement made by the
Engineer or approved by him shall be taken to be the correct
measurement of the Works.
11.3 In the case of structural steel work where the payment for which is
based upon weights at rates set out in the Bill of Materials, the
Contractor shall submit in duplicate detailed measurement sheets
indicating the weight of the Works carried out.
Method of 11.4 Measurements of Works will be made in accordance with the
Measurement procedures set forth in the relevant provision of the Technical
Specifications/Bill of Material and/or Indian Standards or
subsequent amendments or modifications thereof as applicable.
ARTICLE 12 - CERTIFICATES & PAYMENTS
Monthly Payments The Contractor shall submit to the Engineer/Owner’s

Representative after the end of each month a Running Account
Bill in agreed number of copies showing the estimated value of
the part of the Works executed up to the end of the month (if
such value shall justify the issue of an interim certificate) and the
Contractor will be paid monthly on the basis of such Running
Account Bills to be certified by the Engineer/Owner’s
Representative and the Consultant, for the amount due to him for
the work executed upto the end of the previous month together
with such amount, if any, as the Engineer/Owner’s Representative
may consider proper on account of materials for the Works
delivered by the Contractor on the Site and in addition such
amount as the Engineer/Owner’s Representative may consider
fair and reasonable for any Temporary Works for which separate
amounts if provided for in the Bill of Quantities, subject to
necessary deductions and/or retention.
Payment to be made on the The Contractor shall be paid for the work at the rates specified in
basis of actual measurement the accepted schedule of rates and for any extra work at the rates
of work according to determined, on the basis of actual measurements of such work
schedule of rates. taken by the Engineer/Owner’s Representative in accordance with
the rules prescribed for the purpose by the Owner/Consultant.
Such measurements of the Works in progress shall be taken from
time to time
And at such intervals as in the opinion of the Engineer/Owner’s
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Representative shall be proper having regard to the progress of

the Works. The date and time on which “on account” or final
measurements are to be made shall be communicated to the
Contractor and it shall be the duty of the Contractor to be present
at the Site on such date and time and to sign the result of the
measurements (which shall also be signed by the
Engineer/Owner’s Representative) recorded in the official
measurement book as an acknowledgement of his acceptance of
the accuracy of the measurement. If the Contractor does not
attend the Measurement, the work may be measured in his
absence and such measurement shall, notwithstanding his
absence, be binding on him irrespective of whether he has signed
the measurement book or not, but always subject to the
condition that any objection made by him to any measurement
shall be duly investigated and considered in the manner set out
below, that is to say:
a. It shall be open to the Contractor to take specific objection

to any recorded measurement or the classification thereof
on any ground within fourteen days of the date of such
measurements. Any re-measurements taken by the
Engineer/Owner’s Representative in the presence of the
Contractor or in his absence, after due notice has been
given to him on this behalf in consequence of the objection
made by him, shall be final and binding on the Contractor,
and no claim whatsoever shall thereafter be entertained
regarding the accuracy and classification of the
measurements.
b. If any objection made by the Contractor is found to be

frivolous or incorrect by the Engineer/Owner’s
Representative, the Contractor shall be liable to pay to the
Owner the actual expenses incurred in the re-measurement
of the Works.
“On account” payment i. The Contractor shall be entitled to be paid, from time to
time, by way of “On account” payments for such works as
he has, in the opinion of the Engineer/Owner’s
Representative executed in terms of the Contract. All such
payments to the Contractor shall be due on the Certificate
of Measurements having been granted or issued by the
Engineer/Owner’s Representative and the Consultant, and a
corresponding Running Account Bill is presented by the
Contractor.
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Provided that the Engineer/Owner’s Representative may by

any certificate make any correction or modification in any
previous certificate which shall have been issued by him
and that the Engineer/Owner’s Representative may
withhold any certificate if the Works or any part thereof is
not being carried out to his satisfaction.
ii. “On account” payments made to the Contractor shall be

without prejudice to the final making up of the accounts
(except where Measurements are specifically noted in the
Measurement Book as “Final Measurements” and as such
have been signed by the Contractor) and shall in no respect
be considered or used as evidence of any facts stated in or
to be inferred from such accounts nor of any particular
quantity of work having been executed nor of the manner
of its execution being satisfactory.
iii. Unless otherwise specified, payments to the Contractor will

be made by cheque.
“Certificates of Virtual As soon as, in the opinion of the Engineer, the Works shall have
Completion” of the Works been substantially completed except for minor finishing items and
shall have satisfactorily passed any final tests that may be
prescribed by the Contract, the Engineer shall, on receiving a
written undertaking by the Contractor to finish any outstanding
minor work during the Period of Maintenance, issue a `Certificate
of Virtual Completion’ in respect of the Works and the period of
maintenance of the Works shall commence from the date of such
certificates provided that the Engineer/Owner’s Representative
may give such a certificate with respect to any part of the Works
before the completion of the whole of the Works and shall, upon
the written application of the Contractor, give such certificate with
respect to any substantial part of the Works which has been both
completed to the satisfaction of the Engineer/Owner’s
Representative and occupied or used by the Owner, and when any
such certificate is given in respect of a part of the Works, such
part shall be considered as completed and the period of
maintenance of such part shall commence from the Date of such
Certificates. Provided always that a Certificate of Virtual
Completion given in accordance with the foregoing provisions, of
any part of the Works occupied and used as aforesaid shall not be
deemed to certify Completion of any ground or surfaces requiring
reinstatement unless such certificate shall so expressly state.
Approved only by No certificate other than the Maintenance Certificate referred to

Maintenance Certificate in Clause 12.3 shall be deemed to constitute approval of any work
or other matter in respect of which it is issued or shall be taken as
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an admission of the due performance of the Contract or any part

thereof or of the accuracy of any claim or demand made by the
Contractor or of additional or varied work having been ordered by
the Engineer/Owner’s Representative nor shall any other
certificate conclude or prejudice any of the powers of the
Engineer/Owner’s Representative.
Issue of Maintenance i. The Contract shall not be deemed to be duly completed

Certificate and consequences until the Maintenance Certificate shall have been issued
ensuing therefrom and signed by the Engineer recording that the Works have
been duly completed and maintained to his satisfaction.
The Maintenance Certificate shall be issued by the
Engineer/Owner’s Representative upon the expiration of
the period of Maintenance, or as soon thereafter as any
work ordered during such period of maintenance, pursuant
to clause 13.3 of these conditions shall have been
completed to the satisfaction of the Engineer/Owner’s
Representative and, notwithstanding the taking possession
of, or use of, the Works or any part thereof by the Owner,
the provision of this sub-clause shall be fully and effectually
complied with by the Contractor before a Maintenance
Certificate is issued by the Engineer/Owner’s
Representative.
ii. The Owner shall not be liable to the Contractor for any
matter arising out of, or in connection with, the Contract or
the execution of the Works, unless the Contractor shall have
made a claim in writing and certified by the
Engineer/Owner’s Representative in respect thereof before
the issue of the Maintenance Certificate under this Clause.
iii. Notwithstanding the issue of the Maintenance Certificate,

but always subject to the provision of sub-clause (ii) of this
Clause, the Contractor and the Owner shall remain liable for
the fulfillment of any obligations incurred under the
provisions of the Contract at any time prior to the date of
the issue of the Maintenance Certificate, and which remain
unfulfilled at the date of the issue of such Certificate, and
for the purposes of determining the nature and extent of
any such obligations, the Contract shall remain in force and
shall always be deemed to remain in force between the
parties hereto.
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Adjustment of final accounts I. On the issue of the certificate of Completion by the

between the Owner and the . Engineer/Owner’s Representative in respect of the Works,
Contractor on the issue of an adjustment of the accounts shall be made and the
Certificate of Completion. balance of the accounts, based on the Engineer’s/Owner’s
Representative’s certified measurement of the total
quantity of Work executed by the Contractor upto the date
of Completion and on the accepted schedule of rates, and
for any extra works on rates determined, shall be paid to
the Contractor, subject always to any deductions which
maybe
made under these conditions and further subject to the
Contractor having delivered to the Engineer/Owner’s
Representative either a full account in detail of all claims he
may have on the Owner in respect of the Work, or a “No
claim” Certificate and to the Engineer/Owner’s
Representative having granted to the Contractor a
Certificate in writing, after the receipt of such account that
such claims are correct, that the whole of the Works to be
done under the provisions of the Contract have been
completed that they have been inspected by the
Engineer/Owner’s Representative since their Completion
and found to be in good substantial order, that all
properties, work and things removed, disturbed or injured
in consequence of the Works have been properly replaced
and made good and all expenses and demands incurred by
or upon the Owner for or in respect of any damage or loss
by, from, or in consequence of, the Works have been
satisfied, agreeably and in conformity with the Contract.
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Due date for payment of ii. The Retention Money Deposit (RMD) shall become due and
RMD shall be paid to the Contractor after the expiration of the
period of Maintenance, or Defects Liability Period reckoned
from the Date on which the Engineer/Owner’s
Representative shall have issued the Certificate of
Completion comprising the whole of the work to be done
under the provisions of the Contract, or any other earlier
date subsequent to the completion of the whole of such
work that may be fixed by the Owner in this behalf,
provided that all the stipulations of this Clause have been
fulfilled by the Contractor and all claims and demands made
against the Owner for and in respect of any damage or loss
by, from, or in consequence of the Work having been finally
satisfied, and provided further that in the event of different
maintenance periods the expression “expiration of the
Period of Maintenance” shall, for the purpose of this clause,
be construed to mean the expiry of the latest of such
periods.
Unless otherwise stated in the Special Conditions of Contract,

payments against interim/monthly Running Account Bills shall be
made by the Owner within one month from the date of receipt by
the Owner of the Contractor’s Invoice. The final payment shall,
however, be made within 90 days after submission of the final
invoice.
Monthly statement of The Contractor shall prepare and furnish to the Engineer/Owner’s
claims and No claims Representative once in every month a statement of account in
entertain able from respect of the last preceding month specifying full and detailed
Contractor once particulars of all claims for any additional expense to which the
no claims Contractor may consider himself to be entitled in respect of any
Certificate have Works or in respect of any extra or additional work ordered by the
been signed Engineer/Owner’s Representative and executed by him in that
month and no claim for payment for any such work shall be
entertained which has not been included in such particulars;
provided that the Engineer/Owner’s Representative shall be
entitled to authorize payment to be made for any such work
notwithstanding the Contractor’s failure to comply with this
condition, if the Contractor has at the earliest practicable
opportunity notified the Engineer/Owner’s Representative that he
intends to make a claim for such work.
12.10 The Contractor shall not be entitled to make any claim,

whatsoever, against the Owner under, or by virtue of, or arising
out of, the Contract, nor shall Owner entertain or consider any
such claim if made by the Contractor, after he shall have signed in
favour of the Owner a “No Claim” certificate in such form as may
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be approved by the Owner, after the work has been finally

measured.
ARTICLE 13 - MAINTENANCE & DEFECTS LIABILITY
Definition of “Period of In these conditions the expression “Period of Maintenance” shall

Maintenance” mean a period of twelve months calculated from the Date of
Completion of the Works certified by the Engineer/Owner’s
Representative in accordance with clause 13.2 hereof.
Defective Work or Supply of If it shall appear to the Engineer/Owner’s Representative at any
unsound time during the progress of the Works or at any time prior to the
material/workmanship and expiration of the Period of Maintenance of such Works that any
the procedure to rectify them Works has been executed with unsound, imperfect or unskillful
Workmanship or with Materials of inferior description, or that any
Materials or articles provided by the Contractor for the execution
of the Works are unsound or of a quality inferior to that
contracted for, or otherwise not in accordance with the Contract,
the Contractor shall, on demand in writing from the
Engineer/Owner’s Representative specifying the Work, Materials,
or articles complained of, and within the period of time
mentioned in the demand, pull down, take up, or take out the
Works so complained of or sort out the Materials or articles so
specified whether or not the value of any such work, material or
articles or any part thereof shall have been included in any on
account payment to the Contractor. If the value of any such
Works or Materials or articles or any part thereof has been
included in any on account payment to the Contractor, the same
shall be taken into account and deducted from any subsequent
payment due to the Contractor.
The Contractor shall also remove from the work and site any
plant, fixed or otherwise, objected to by the Engineer/Owner’s
Representative or by any other person authorized in writing by
him.
Maintenance of Works The Contractor shall at all times during the progress and the
continuance of the Works and also during the period of its
maintenance, from and after the date of the issue of the
Certificate of Virtual Completion by the Engineer or any other
earlier date subsequent to the Completion of the Work, be
responsible for, and fully and effectually maintain and uphold in
good, substantial, sound and perfect condition, all and every part
of the Works and shall make good, from time to time and at all
times and as often as the aforesaid period arises in, or be
discovered in, or be in any way connected with the Works,
provided that such damage or defect is not directly caused by any
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errors in the Contract documents, act of Providence or

insurrection or civil riot and the Contractor shall be liable for, and
shall pay and make good to the Owner or other persons legally
entitled thereto, whenever required by the Engineer, so to do, all
losses, damage, costs and expenses which they or any one of
them may incur or be put to or be liable to by reason or in
consequence of the operations of the Contractor or of his failure
in any respect.
Execution of Work of Repair To the intent that the Works shall be at or as soon as
etc. practicable after the expiration of the Period of Maintenance
be delivered upto the Owner in as good and perfect a
condition (fair wear and tear excepted) to the satisfaction of
the Engineer/Owner’s Representative as that in which they
were at the commencement of the Period of Maintenance
the Contractor shall execute all such work of repair,
amendment, reconstruction, rectification and making good
of defects, imperfections, shrinkage or other faults as may be
required of the Contractor in writing by the
Engineer/Owner’s Representative during the Period of
Maintenance, as a result of an inspection made by or on
behalf of the
Engineer/Owner’s Representative prior to its expiration.
Cost of Execution of Works of All such work shall be carried out by the Contractor at his
Repair etc. own expense if the necessity thereof shall in the opinion of
the Engineer/Owner’s Representative be due to the use of
Materials or workmanship not in accordance with the
Contract, or to neglect or failure on the part of the
Contractor to comply with any obligation expressed or
implied on the Contractor’s part under the Contract. If in the
opinion of the Engineer/Owner’s Representative, such
necessity shall be due to any other cause, the value of such
work shall be ascertained and paid for as if it were additional
work.
Remedy on Contractor’s c) If the Contractor shall fail to do any such work as aforesaid
Failure to carry out Work required by the Engineer/Owner’s Representative, the
required Engineer/Owner’s Representative shall be entitled to carry
out such work by his own workmen or by other contractors
and if such work is work which the Contractor should have
carried out at the Contractor’s own cost, shall be entitled to
recover from the Contractor the cost thereof or may deduct
the same from any moneys due or that become due to the
Contractor, without prejudice to any other recoveries/claims
the Owner may have.
Contractor’s liability for a) For a period of 12 months after Completion of Works or any
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Defective work portion thereof has been taken over, Contractor shall be
liable for making good with all possible speed and free of all
costs and expenses to the Owner, any defects in the Works
arising from any defective Materials, Workmanship or from
any failure of the Contractor to carry out his obligations
under the Contract.
b) If the Contractor replaces or renews any portion of the

Works, the provisions of this Article shall apply to the portion
of the Works so replaced or renewed until the expiration of
12 months from the date of such replacement or renewal.
ARTICLE 14 - GUARANTEES & LIABILITIES
Guarantees & a) The Contractor shall guarantee that materials supplied and
Liabilities for the Works carried out by him pursuant to the Contract shall
workmanship and conform to Technical Specification, description of item rates
material provided and shall be of best quality and workmanship and to be of
the best design conforming to generally accepted
international standards wherever applicable and shall fulfill
in all respects and requirements the Contractor’s obligations
of the Contract.
b) In addition to the foregoing, the Contractor represents and
warrants that all Works shall be fit for the intended purpose.
c) While Contractor’s warranty with respect to its Work (as
defined below) whether at law or as set forth in the
Conditions of Contract, including, but not limited to, the
warranty and defects liability provisions therein, provides
that all of Contractor’s Work be “Year 2017 compliant”.
Anything in the Contract to the contrary notwithstanding, in
the event that Contractor’s Work is found to be defective
because it is shown that it is not “Year 2017 compliant within
twenty-four (24) months after the date the
Owner/Consultant or Engineer accepts delivery of the Works
at the jobsite, all of the rights and remedies available to the
Owner, Consultant or Engineer and duties and obligations of
Contractor at law and under the Conditions of Contract,
including, but not limited to, the warranty and defects
liability provisions therein, shall apply.
“Work” as used in this Year 2017 Warranty condition, means

any and all work, services, materials, equipment and goods
provided by the Contractor.
Contractor’s If at any time, during execution of the Works and during the
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liability to Maintenance Period as specified in Article 13 hereof, the Works

replace/repair carried out by the Contractor fail in any respect to conform to the
defective work guarantee as above, the Engineer/Owner’s Representative may as
soon as reasonably practicable give the Contractor notice in
writing of the Defects or the reasons for which the Works do not
conform to Technical Specifications or fail, the Contractor shall
thereupon be liable to replace the defective portion of the Works
or carry out at his own cost any further work that may be
necessary to ensure that the Works conform to guarantee so
given, and further be liable to reimburse to the Owner all costs
and expenses incurred by the Owner in connection therewith. In
this respect, provision of Article 13 shall apply.
Guarantee for Comple- Contractor shall guarantee that the Works shall be carried out as
tion and Liability to per agreed Programme, and/or before the Date of Completion or
pay Liquidated Damages revised Date of Completion if extended in accordance with other
provisions of the Contract.
Contractor shall be liable to pay the Liquidated Damages to the

Owner as specified in the Special Conditions of Contract for the
Delay in Completion.
Taking necessary action at his own cost to remove the defects in

the Works during execution of Works or Defects Liability Period,
and/or payment of Liquidated Damages for Delay in Completion
shall not absolve the Contractor of his responsibilities and
obligations under the Contract.
ARTICLE 15 - INSURANCE
Contractor to The Contractor shall be responsible for the safety of Contractor’s

Insure property, materials, all employees and/or workmen
employed/engaged by him in connection with the Works and shall
forthwith report to the Engineer/Owner’s Representative
incidence of accidents causing damage to property or injury to
personnel, howsoever and wherever caused in the Works and
shall make adequate arrangement for rendering all possible aid to
the victims of such accident. Contractor shall be obliged to pay
any compensation to the employees or workmen employed by
the Contractor in the execution of the Work, in accordance with
the Workmen’s Compensation Act. In the event of any payment
of compensation to workmen employed by the Contractor due to
provision of Workmen’s Compensation Act, the Owner is obliged
to pay such compensation the Contractor shall
indemnify/indemnifies the Owner/Consultant in respect of such
payment.
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Contractor to The Contractor shall take adequate insurance cover to the

Indemnify Owner satisfaction of the Owner against damage to property including
Contractor’s Equipment, material and injury to any personnel
including his own employees and workmen and shall provide due
evidence of such Insurance policies when required by the Owner.
The Contractor shall be solely liable for any costs, claims,
expenses caused due to loss or damage of any nature arising out
of or in connection with the execution of the Works not covered
under any policies, the Owner might have taken, and the
Contractor shall indemnify/indemnifies the Owner/Consultant &
Engineer and/or Owner’s Representative in respect of such claims,
costs and expenses arising out of any such loss or damage to
property or injury to personnel. It is clarified and understood that
Contractor shall take all necessary insurance coverage for the
execution of the Work.
Third Party The Contractor shall also take/has taken Third Party Liability
Liability Insurance, and indemnify/indemnifies the Owner/Consultant
against such Third Party Liabilities.
Any other Statutory The Contractor shall also be responsible for any other statutory
Requirement requirements in regard to the personnel in the Contractor’s
employment.
Third Party Liability v. In the event the Owner has taken any policy with respect to the
Contractor to get himself Owner’s property and Personnel or any Third Party Liability
fully familiar with covering damage and/or loss to property, or personnel, the
Owner’s Policy Owner shall give details of such policies to the Contractor to
enable him to take any other further adequate insurance cover
against Third Party Liabilities. The Contractor shall get himself
fully familiar with the Terms of such insurance policies taken by
the Owner and take such additional insurance cover, as he may
deem necessary. Any other such insurance cover required by the
Contractor shall be taken by him at his own cost.
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ARTICLE 16 - FORCE MAJEURE
Force Majeure 16.1 “Force Majeure” shall mean any circumstances beyond the
control of a party which prevent or impede the performance of
the Contract including but not limited to the matters listed in 16.3
below.
Contractor to give notice 16.2 Notwithstanding anything contained in para 16.4 below, if the
Contractor is delayed or impeded in the execution of the Works by
circumstances of Force Majeure as herein defined then the
Contractor shall immediately give notice in writing to the
Engineer/Owner’s Representative of the existence of
circumstances of Force Majeure, together with the evidence
relied upon and the Engineer/Owner’s Representative may grant
to the Contractor such postponement of the Date of Completion
as may in the circumstances be reasonable.
Matters considered for Force 16.3 Matters considered for Force Majeure shall generally be the
Majeure following:
a. War or hostilities
b. Riot or civil commotion
c. Earthquake, flood, tempest, lightning or other natural

physical disaster
Accident, fire or explosion on the Site not caused by the

negligence of the Contractor
Strikes and lockouts exceeding 10 days in duration and those

not reasonably attributable to the actions of the
Contractor/Sub-Contractor affecting the performance of the
contractual obligations.
Law or order of any Government or Government

Department or other authority which delays or impedes the
Contractor in the execution of the Work.
Denial of the use of any Railway, Port, Airport, Shipping

services and other means of public transport.
A mere shortage of labour, materials or utilities/services,

equipments etc. shall not constitute Force Majeure unless caused
by circumstances which are themselves Force Majeure.
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Either Party to give notice 16.4 If either party to the Contract is prevented or delayed from or in
performing any of his obligations under the Contract by Force
Majeure, then he shall notify the other party of the circumstances
constituting Force Majeure and specify the obligations, the
performance of which is thereby delayed or prevented and the
party giving notice shall thereupon be granted suitable extension
in the performance or punctual performance as the case may be
for so long as circumstances of prevention or delay continue.
16.5 Notification under this provision for extra time or for delay in
completion by either party can be made within 7 days of
commencement of such circumstances.
16.6 If performance of the Works is substantially prevented for a

continuous period of 45 days or the period otherwise specified in
the Special Conditions of Contract by virtue of any event falling
within the provisions of the above, then either party may
terminate the Contract by written notice to the other. In the
event of such termination, rights and obligations of the parties
shall be same as if the Contract has been terminated under the
relevant Articles of the Contract.
ARTICLE 17 - CONTRACTOR’S DEFAULT
Contractor’s If the Contractor shall fail or neglect to execute the Works with all due diligence
Default and expedition, or shall refuse or neglect to comply with any orders given to him
Owner to take over in writing by the Engineer/Owner’s Representative in connection with the Works
or shall contravene the provisions of the Contract, the Engineer/Owner’s
Representative may give notice in writing to the Contractor to make good such
failure, neglect or contravention. Should the Contractor fail to comply with the
notice within the time specified in such notice, then the Engineer/Owner shall be
at liberty forthwith to execute or cause to be executed such part of the Works as
the Contractor may have failed or neglected to do, all without prejudice to any
other rights the Owner may have under the Contract, to take the Works wholly or
in part out of the Contractor’s hands and contract with any other party to
complete the Works or any part thereof, and in that event the Owner shall have
the free use of all the Contractor’s Equipment and other things that may be at any
time on the Site in connection with the Works, without being responsible to the
Contractor for fair wear and tear thereof, and to the exclusion of any right of the
Contractor over the same, and the Owner shall be entitled to retain and apply any
balance which may be otherwise due under the Contract to the Contractor or such
part thereof as may be necessary to the payment of the cost of executing or
causing to be executed the said part of the Works or of completing the Works as
the case may be and arising from or in consequence of the Contractor’s failure,
neglect, refusal or contravention as aforesaid. If the cost of completing the Works
or executing the part thereof or of meeting claims of third parties as aforesaid
shall exceed the balance due to the Contractor, the Contractor shall pay such
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excess to the Owner.
ARTICLE 18 - SUSPENSION OF WORK
Contractor to The Contractor shall on the written order of the Engineer/Owner’s

suspend work on Representative suspend the progress of the Works or any part
written order thereof for such time or times and in such manner as the
Engineer/Owner’s Representative may indicate and shall during
such suspension properly protect and secure the work so far as is
necessary in the opinion of the Engineer/Owner’s Representative.
The extra cost (if any) incurred by the Contractor in giving effects to
the Engineer’s/Owner’s Representative’s instructions under this
Clause shall be borne and paid by the Owner unless such
suspension is
otherwise provided for in the Contract, or
necessary for proper execution of the Work or by reason of

weather conditions or by some default on the part of the
Contractor or
necessary for the safety of the Works or any part thereof
Provided that the Contractor shall not be entitled to recover any

such extra cost unless he gives notice in writing of his intention to
claim to the Engineer/Owner’s/Representative within 15 days of the
Engineer/Owner’s Representative’s order. The Engineer/Owner’s
Representative shall settle and determine the extra payment to be
made to the Contractor in respect of such claim as the
Engineer/Owner’s Representative shall consider fair and reasonable.
Suspension lasting If the progress of the Works or any part thereof is suspended on the
more than Three months written order of the Engineer/Owner’s Representative for more
than three months the Contractor may serve a written notice on the
Owner requiring permission within 15 days from the receipt thereof
to proceed with the Works or that part thereof in regard to which
progress is suspended and if such permission is not granted within
that time, the Contractor by a further written notice so served may
(but is not bound to) elect to treat the suspension where it affects
parts only of the Works as an omission of such part under other
Articles hereof or where it affects the whole works as an
abandonment of the Contract by the Owner.
ARTICLE 19 - OWNER’S LIEN OVER ALL MONEYS DUE TO THE CONTRACTOR

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Owner’s lien on all moneys i. The Owner shall have a lien over all or any moneys that may become
becoming due and payable to due and payable to the Contractor under these conditions and/or also
Contractor on or over the deposit or security amount or amounts made under the
Contract and becoming repayable to the Contractor under the
conditions of the said Contract for or in respect of any debt or sum
that may become due and payable to the Owner by the Contractor
either alone or jointly with another or others and either under the
Contract or under any other Contract or transaction of any nature,
whatsoever, between the Owner and the Contractor and further,
unless the Contractor pays and clears the claims of the Owner
immediately on demand, the Owner shall at all times be entitled to
deduct the said debt or sum due by the Contractor from the moneys,
securities or deposits which may have become due, or become
payable, to the Contractor under these conditions or under any other
contract, or transaction, whatsoever, between the Contractor and the
Owner.
The Owner reserves the right, notwithstanding any provision to the

contrary contained in any other clause or sub clause of the Contract,
to carry out the post payment audit and or technical examination of
the Works and the final Bill including all supporting vouchers, abstracts
etc., and to enforce recovery of any over-payment if as a result of such
examination any over payment is detected in respect of any work
done or alleged to have been done by the Contractor under the
Contract and such recovery shall be made by the Owner from the
Contractor by any or all of the methods prescribed in these conditions
or as a debt payable on demand due from the Contractor to the
Owner. If, on the other hand, any under payment is discovered the
amount shall be duly paid to the Contractor by the Owner. Further,
the Owner reserves the right to make such recoveries and adjustments
notwithstanding the fact that the amount of the final bill has been
included by one of the parties as an item of dispute before any
Arbitrator appointed under the Article 20 `Arbitration’ and
notwithstanding the fact that the amount of the final bill figures in the
Arbitrator’s award.
Provided that the said right of the Owner to adjust any overpayment
or under payment shall not in any case extend beyond a period of one
year from the date of payment of the final bill.
Signature on receipt for ii. Every receipt for moneys which may become payable or for any
amounts security deposit which may become transferable to the Contractor
under these conditions shall, notwithstanding anything to the contrary
contained in the partnership deed, if signed in the name of
partnership by any one of the partners of the Contractor-firm, be a
good and sufficient discharge to the Owner in respect of the moneys
or security purported to be acknowledged thereby, and in the event of
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death of any of the Contractor-partners during the pendency of the

Contract, it is hereby expressly agreed that every receipt by any one of
the surviving
Contractor-partners shall, if so signed as aforesaid, be a good and valid

discharge as aforesaid, provided that nothing in this clause shall be
deemed to prejudice or affect any claim which the Owner may
hereafter having against the legal representatives of any deceased
Contractor-partner for or in respect of any breach of any of the
Conditions of the Contract and provided also that nothing in this
Clause shall be deemed to prejudice or affect the respective rights or
obligations of the Contractor-partners and of the legal representatives
of any deceased Contractor-partner, inter se.
iii. The Owner shall have recourse to the Contractor for any costs, claims,
demands, proceedings, damages and expenses whatsoever arising out
of or in connection with any failure of the Contractor to perform under
the Contract.
ARTICLE 20 - ARBITRATION
Arbitration by In the event that a dispute arises out of, or in connection with the
persons appointed validity, interpretation or implementation of this Contract, the
parties shall attempt in the first instance to resolve said dispute
through friendly consultations. If the dispute is not resolved in
this manner, within 90 calendar days, after the commencement of
discussion by notice from the party to the other party, or such
longer period, as the parties agree to in writing, at that time,
then, either party may refer the dispute to a single Arbitrator
acceptable to both and failing agreement to two Arbitrators, one
to be appointed by either party, and in case of disagreement
between the two Arbitrators, and in so far as, and to the extent
they agree, to an umpire to be appointed by the two Arbitrators
before they enter upon the reference. The arbitration
proceedings shall be held in India under and in accordance with
the Arbitration and Conciliation Act 1996, or any statutory
modifications or re-enactment thereof for the time being in force.
This is subject to relevant clause of Special Conditions of the
Contarct.
The Court of Jurisdiction for such Arbitration shall be as detailed

in the Contract.
Contractor to continue Performance of the Contract shall continue during Arbitration

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work under Contract proceedings unless the Engineer/Owner’s Representative shall

order the suspension thereof or of any part thereof and if any
such suspension shall be ordered the reasonable expenses of the
Contractor occasioned by such suspension shall be added to the
Contract Price. No payment due or payable by the Owner shall be
withheld on account of a pending reference to Arbitration.
ARTICLE 21 - TERMINATION
Right of Owner The Owner shall, at any time, be entitled to Determine and
to Determine and Terminate the Contract, should in the Owner’s opinion, the
Terminate Contract cessation of the Work becomes necessary owing to paucity of funds
or from any other cause whatsoever, in which case the cost of
approved materials at the Site and of the value of the Work done to
date by the Contractor shall be paid for in full at the rates specified
in the Contract. A notice in writing from the Owner to the
Contractor of such Determination and Termination and the reason
therefor shall be the conclusive proof of the fact that the Contract
has been so determined and terminated by the Owner.
Should the contract be determined and terminated under sub-

clause (i) of this Article and the Contractor claims payments to
compensate expenditure incurred by him in the expectation of
completing the whole of the Works the Owner may consider such
claims as are deemed fair and reasonable and are supported by
vouchers to the satisfaction of the Engineer/Owner’s
Representative. The Owner’s decision on the necessity and
propriety of any such expenditure shall be final and conclusive and
be binding on the Contractor.
Determination If the Contractor shall, at any time:

of Contract owing to
Default of Contractor become bankrupt or insolvent, or
and the consequences
resulting therefrom make an arrangement with or assignment in favour of, his
creditors, or agree to carry out the Contract under a
Committee of Inspection of his creditors, or
being a company or corporation, go into liquidation (other

than a voluntary liquidation for the purposes of
amalgamation or reconstruction), or
have an execution levied on his goods or property on the

Works, or
assign the Contract, or any part thereof, otherwise than as
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provided in the General Conditions of Contract, or

abandon the Contract, or
disregard the instructions of the Engineer/Owner’s

Representative or contravene any provision of the Contract,
or
fail to adhere to the agreed Programme of the Works

affecting the completion of the Works, or
fail to remove materials from the Site or to pull down and

replace any Work after receiving from the Engineer/Owner’s
Representative a notice to the effect that the said materials
or Work have been rejected under relevant Clauses of the
General Conditions of Contract, or
fail to take steps to employ competent or additional staff

and labour as required under relevant clause of the General
Conditions of Contract, or
fail to afford the Engineer or the Owner’s Representative

proper facilities for inspecting the Works or any part thereof
as required.
In the opinion of the Owner Contractor is incapable of
executing the Work and continuation of Contractor is
prejudicial to the interest of Work.
then, and in any of the said cases, the Engineer/Owner’s
Representative may, serve the Contractor with a notice to that
effect, and if the Contractor does not within seven days after the
delivery to him of such notice proceed to make good his default in
so far as the same is capable of being made good and carry on the
work or comply with such directions as aforesaid to the entire
satisfaction of the Engineer/Owner’s Representative, the Owner
shall be entitled, after giving to the Contractor forty-eight hours’
notice in writing under the hand of the Engineer/Owner’s
Representative to remove the Contractor from the whole or any
portion or portions (as may be specified in such notice) of the
Works without thereby avoiding the Contract, or releasing the
Contractor from any of his obligations or liabilities under the
Contract, and adopt any or several of the following courses:
rescind the contract (of which a rescission notice in writing
to the Contractor under the hand of the Engineer/Owner’s
Representative shall be conclusive evidence), in which case,
the security deposit of the Contractor shall stand forfeited to
the Owner, without prejudice to the Owner’s right to recover
from the Contractor any amount by which the cost of
completing the Works by any other agency shall exceed the
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value of the Contract.

carry out the work, or any part thereof, by the
employment of the required labour and materials the costs
of which shall include lead, lift, freight, supervision and all
incidental charges and to debit the Contractor with such
costs, the amount of which is certified by the
Engineer/Owner’s Representative shall be final and binding
upon the Contractor and to credit the Contractor with the
value of the work done as if the work had been carried out
by the Contractor under the terms of the Contract, and the
certificate of the Engineer/Owner’s Representative in respect
of the amount to be credited to the Contractor shall be final
and binding upon the Contractor.
measure up the work executed by the Contractor and to get

the remaining work completed by another Contractor, at the
risk and expense of the Contractor in all respects, in which
case, any expense that may be incurred in excess of the sum
which would have been paid to the Contractor if the work
had been carried out by him under the terms of the
Contract, the amount of which excess as certified by the
Engineer/Owner’s Representative shall be final and binding
upon the Contractor and shall be borne and paid by the
Contractor and may be deducted from any moneys due to
him from the Owner under the Contract or otherwise or
from his security deposit.
Provided that in any case in which any of the powers conferred

upon the Owner by clause (21.1) of this Article shall have become
exercisable and the same shall not be exercised, the non-exercise
thereof shall not constitute a waiver of any of the conditions hereof
and such powers shall, notwithstanding, be exercisable in the event
of any future case of default by the Contractor for which his liability
for past and future shall remain unaffected.
In the event of any or several of the courses referred to in sub-
clause 21.2 of this clause being adopted
the Contractor shall have no claim to compensation for any

loss sustained by him by reason of his having purchased or
procured any materials, or entered into any commitments, or
made any advance on account of, or with a view to, the
execution of the work or the performance of the Contract
and the Contractor shall not be entitled to recover or be paid
any sum for any work actually performed under the Contract,
unless and until the Engineer/Owner’s Representative shall
have certified the performance of such work and the value
payable in respect thereof, and the Contractor shall only be
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entitled to be paid the value so certified. The Contractor

shall have no claim to any payment, or compensation or
otherwise, howsoever, on account of any profit or advantage
which he might have derived from the execution of the work
in full, but which he did not derive in consequence of the
determination of the Contract;
The Engineer or the Owner’s Representative shall be
entitled to take possession of any materials, tools,
implements, machinery and buildings on the Works or on the
property on which these are being or ought to have been
executed, and to retain and employ the same in the further
execution of the Works or any part thereof until the
Completion of the Works, without the Contractor being
entitled to any compensation for the use and employment
thereof, for the wear and tear or destruction thereof;
The Engineer/Owner’s Representative shall, as soon as may

be practicable, after removal of the Contract fix and
determine ex-parte or by or after reference to the
Contractor, or after such investigation or enquiries as he may
consider fit to make or institute and shall certify what
amount (if any) had at the time of rescission of the Contract
been reasonably earned by, or would reasonably accrue to,
the Contractor in respect of the work then actually done by
him under the Contract and what was the value of any
unused, or partially used materials, and any Temporary Work
upon the Site;
The Owner shall not be liable to pay to the Contractor any

moneys on account of the Contract until the expiration of the
period of maintenance and thereafter, until the costs of
Completion and Maintenance, damages for delay in
Completion (if any) and all other expenses incurred by the
Owner have been ascertained and the amount thereof
certified by the Engineer/Owner’s Representative. The
Contractor shall then be entitled to receive only such sum or
sums (if any) as the Engineer/Owner’s Representative may
certify would’ve been due to him upon due Completion of
the Works by him after deducting the said amount; but if
such amount shall exceed the sum which would have been
payable to the Contractor, then the Contractor shall upon
demand pay to the Owner the amount of such excess and it
shall be deemed to be debt due by the Contractor to the
Owner and shall be recoverable accordingly.
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ARTICLE 22 - SECRECY/ IPR
The Contractor shall treat this document and any other drawings/documents any other information
made available that will be passed on to him for the purpose of construction as confidential
documents/information. The Contractor shall prevent duplication or disclosure of any such information
made available to him by the Engineer/Owner’s Representative and make access to such information
only to those who shall be involved in executing the Works. The Contractor shall sign a secrecy
agreement in the Owner’s standard format, if required. All the drawings and documents given to the
Contractor shall be returned by him after the purpose or on final payment by the Owner. Contractor
undertakes not to infringe/ violate Owner’s IPR viz. Trade mark, Copy rights, Designs, Patents etc.
ARTICLE 23 - NOTICES
Any notice to be given to the Contractor under the terms of the

Contract shall be served in person or by sending the same by
registered post to or leaving the same at the Contractor’s site
offices or principal place of business (or in the event of the
Contractor being a company) to or at its registered office.
Any notice to be given to the Owner under the terms of Contract

shall be served by sending the same in person or by registered
post to or leaving the same at Owner’s registered offices.
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APPENDIX – A : SUMMARY OF CONTRACTUAL CONDITIONS
No Item Refer to clause Amount/Period

1 Earnest Money Article 3 Rs.1,00,000/- in favour of M/s.
Reckitt Benckiser (India) Pvt Ltd.
2 Initial Security Article 19 5% of contract values till the end of
the project.
3a Minimum Amount of Third Article 15 Rs. 5,00,000/-
party Insurance for any one
accident, no. of accidents being
unlimited.
3b Contractors all risk policy - For the value of the contract and to
cover entire duration of contract + 3
months.
3c Workmen compensation policy - As per Statutory provision.
4 Date of commencement of - 10 days from date of Letter of
works from date of Letter of Intent.
Intent
5 Time of completion - 5 months overall completion period
from the date of LOI. Intermediate
milestone shall be met
6 Amount of liquidated damages Article 5 & 14 One percent (1%) per week subject
to ceiling of 5% of contract value for
the overall completion as well as for
delay in meeting intermediate
milestones.
7 Period of maintenance of Article 13 One year from the certified
Defects liability period completion date/one monsoon
period whichever is later.
8 Minimum amount of Interim Monthly minimum 5% of contract
certificate and their periodicity value.
9 Percentage (10%) retention 10% (ten percent) of bill value
from Interim certificate including final value.
towards retention money for
defect liability.
10 Mobilization Advance - 10% of contract value against bank
guarantee of equivalent amount.
Mobilization advance will be
recovered from second RA Bill on
pro rata basis at 12.5% of bill value.
11 Time within which payment of - Minimum R.A. Bill amount shall be
interim, Final bill will be made at least 10% of contract value per
after architects certificate. month. Adhoc 70 % R.A. Bills
Contractor will ask for payment will be made within 15
submission of bill and not issue days from the submission of bill.
of certificate. Balance within 30 days from the
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date of submission of Bill. Final bill

will be certified within 60 days from
the date of submission of the Bill.
12 Validity of tender 90 days from the submission of

offer.
13 List of approved makes Chapter 9 -
14a Water supply including stand Free of cost at one point. Standby
by arrangements arrangement by contractor at his
costs.
14b Electricity power and stand by Free of cost at one point. Standby
arrangements arrangement by contractor at his
costs.
15 Cement Chapter 11 Cement Supply in Contractor’s

Scope.
16 Steel reinforcement Chapter 11 Reinforcement steel Supply in

Contractor’s Scope.
17 Structural steel Chapter 11 Structural steel Supply in

Contractor’s Scope.
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Chapter – 8: LIST OF APPROVED MAKES/ AGENCIES
No. Item Approved Agencies

General
1 Cement Ultratech, Gujarat Ambuja, Vasavdatta & ACC.
2 PVC Roofing Sheets Fin ram
3 G.I. Roofing Sheets Precoated ISPAT Industries (Nippon Denro) / Multicolour/ Interarch /
Lloyds / Jindal
4 Galvalume Precoated Sheets Bluescope, Multicolour, Interarch, Cril, Lloyds
5 Aluminum roofing sheets Indal / Hindalco
6 Waterproofing compounds Impermo / Accoproof / Conplast (Fosroc) / MC Bauchemie
/ Sika / Pidilite/ Sunanda Chemicals
7 Plasticizer grouts & other Construction Fosroc / MC Bauchemie / Sika / Pidilite
chemicals
8 Enamel paints Asian paints / Berger / ICI
9 Epoxy paints, Polyurethane paints, wall Apurva Build care products / Ardex / Thortex /
guard paint Fosroc/Berger / Sika / Clean coats / Brite Proofing
10 External Texture Paint Asian, Nerolac, ICI / Durashield / Renova
11 Water proofing Agencies India waterproofing, Nina Enterprises, Sunanda Chemicals
12 Wooden flush doors Anchor / Anand / Greenlam / Marino
13 Plywoods Anchor / Kit ply / Greens / Indian Plywood
14 Prelaminated sheets (Interior Grade) Rammica / Greenlam / Marino
15 Prelaminated particle Anchor / Duratuff (Mangalam boardsTimber) / Novateak
16 Aluminum windows & doors Chiniwala, AJNI, Aastha, Hindustan Marketing, Glaze
Techno / Alufins.
17 PVC windows Sintex, LG, Veka, Fenesta
18 PVC doors Dulastic / Sintex
19 Vitrified / Ceramic tiles HR Johnson / Somani Pilkington, Nitco Crystal Marble,
Kajaria
20 Acid Alkali tiles Restile, pelican , Boss Profile, Johnson
21 Translucent roofing Morlite, LG, GE Plastics
22 Silicon sealant G.E. Plastics / Dow Corning
23 Polysulphide sealant Choksey Chemicals / Fosroc / Nina Concrete System Pvt
Ltd / Sika /Pidilite
24 Expansion joints filler Shalitex of Shalimar Tar Product. / Supreme Industries, Sil
Fil / Durashield.
25 Anchor Fasteners Hilti, Sundaram, Fisher
26 SMC chequered plate Sintex
27 Welding electrodes Advani Orlekon / ESAB / Anand AIC
28 Synthwood Pioneer
29 Plain Glass Modi – Float, Saint Gobain, Asahi, Pilkinton
30 S.S. Railings, Glass railing Dorma, Kich, Dline
31 Toilet Partitions Besco, Shaktimet
32 Structural Glazing Mccoy, Glaze India, Alufins
33 ACP Cladding Durabuild, Eurobond, Alubond
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21 Pest Control Godrej, Pecopp diverset, Pest control of india

22 Gypsum Boards India Gypsum
23 Calcium Silicate board Hilux, Ramco, Promat, Saint Gobain
24 Epoxy Tile joint filler Endura, Ardex, Laticrete
25 Vinyl Flooring Armstrong, Tarket
26 Stainless Steel Sinks Nirala, Hindustan Sanitary ware
27 Accoustic Panels Armstrong, Anutone
Plumbing items
1 GI Pipes Tata / Zenith / GST
2 CI Sluice Valve Kirloskar / IVC
3 Gun Metal Gate Valve / Pit Valve - Leader
4 Brass Bib Cock Gem / Bilmat / Arc / Kingston / Jaquar
5 Showers Bilmat / Arc / Kingston / Jaquar
6 Flush Valves Nelson / Jaquar
7 CI Pipes / Fittings Soil Grade / Rain Necco Tata / BIC
Water Grade
8 Sanitary ware Fittings / Glazed Porcelene Hindustan Sanitary ware / Parryware / TOTO / Kohler
Paper holders / Soap dishes /
Porcelene / Ceramic Flushing Cistern
9 Low Level PVC Cisterns / Toilet seat Commander
10 HDPE Water Storage Tanks Sintex / Infra / Reliance
11 Bottle Traps / Waste Coupling Gem / Soma / Jaquar
12 Mirrors Pilkington / Modi Float / Saint Gobain
13 Liquid Soap Dispensers Ascon / Kohler
14 Hand Dryer Ascon / Toto / Kohler
15 Stoneware Pipes & Fittings Rajura / Perfect Potteries
16 PVC Pipes Finolex / Prince
17 A.C. Pipes Everest / Spun Charminar
18 Concrete Hume Pipes Indian Hume Pipe Client
19 HDPE Pipes Godavari polymers / Reliance
20 Polypropylene pipes Reliance
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Chapter – 9: SCOPE OF WORK
I. The scope of this enquiry covers furnishing of all materials (including cement, Tor-
reinforcement Steel, Mild Steel & Structural Steel, unless noted otherwise) equipment and
plant, labour, transport, tools and tackles, and services required for the civil, structural and
infrastructural works Proposed Expansion of Harpic Line & Related Facility but not limited to
the following.
a) Modification in existing manufacturing unit.
b) New WTP Shed and tank foundations
c) New Parking
d) Road modification works
e) Weigh bridge/Control room
f) Dock Station extension
g) Canteen Expansion
h) Scrap Yard
II. All work shall be carried out in accordance with the technical specifications and drawings
released for construction.
III. The quantities shown are probable any may vary to any extent. Contractor shall be paid on
actual measurements of the item at the rate agreed for each item.
IV. The description of the item is given briefly in the bill of quantities. However all items shall be
read in conjunction with description in schedule of items & rates, specifications and drawings.
The rate of all items shall be inclusive of carrying out the work as described in the description of
item specifications, drawings and as directed. The rate shall include for all materials, labour,
tools etc. for complete work. Providing & operating necessary measuring & testing devices and
material including all consumable are included in scope of work. No separate measurements or
payments for testing work shall be made but rates quoted for various items shall be deemed to
include the cost of such tests which are required to ensure achievement of specific quality.
V. Non tender item shall not be executed before any writing instruction.
VI. Any ambiguity between BOQ, Drawings & Specification shall be brought to the notice of the
Engineer and clarifications sought in writing before proceeding with the work.
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Chapter – 10 : SCHEDULE OF LABOR RATES
No. Description Unit Rate

In figures (Rs.)
1 Works Supervisor Each per day
2 Senior Electrician Each per day
3 Steel Erector (Charge-hand) Each per day
4 Steel Erector (Tendal) Each per day
5 Mill Wight Fitter Each per day
6 Fitter Gr. I Each per day
7 Fitter Gr. II Each per day
8 Welder Gr. I Each per day
9 Welder Gr. II Each per day
10 Gas Cutter Each per day
11 Electrician Each per day
12 Wireman Each per day
13 Cable Jointer Each per day
14 Rigger Each per day
15 Mechanic Each per day
16 Insulator Each per day
17 Rivetter Each per day
18 Black Smith Each per day
19 Mason Gr.I for bricks, plaster, etc. Each per day
20 Mason Gr. II Each per day
21 Mason (Mosaic & Tile work) Each per day
22 Carpenter Gr. I Each per day
23 Carpenter Gr. II Each per day
24 Woodwork Polisher Each per day
25 Painter Each per day
26 Plumber Gr. I Each per day
27 Plumber Gr. II Each per day
28 Pipe Jointer Each per day

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No. Description Unit Rate

In figures (Rs.)
29 Tin Smith Each per day
30 Bhisti (Waterman) Each per day

31 Khalasi/Helper Each per day
32 Mazdoor (ordinary) Each per day
33 Male labor Each per day
34 Crane Operator (Mobile)-I Each per day
35 Crane Operator (Mobile)-II Each per day
36 Crane Driver (Steam) Each per day
37 Tractor Driver Each per day
38 Concrete Mixer Operator Each per day
39 Diesel or Petrol Engineer Operator Each per day
40 Dozer Operator Each per day
41 Road Roller Driver Each per day
42 Mazdoor (ordinary) Female labour Each per day
43 Supply of JCB along with operator including Each per hour

diesel etc.
44 Supply of Poclain along with operator Each per hour
including diesel etc.
45 Supply of Air compressor along with operator Each per hour
46 Supply of Air compressor (tractor mounted) Each per hour
along with operator including diesel etc.
47 Supply of tractor along with operator Each per hour
48 Supply of tractor along with operator Each per Trip.
including diesel etc. for shifting material
N.B. : Contractor should fill labour rates for all the items required. Labour rates for eight hours duty and
should include statutory requirement of local authorities and other statutory bodies eg. PF, ESIC,
Labour license etc., as well as the cost of all tool and tackles required by different categories of
labour and contractor's overhead profit and supervision for works.
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Chapter – 11 : LIST OF TENDER DRAWINGS
Sr. No. Drawing Name Drawing No.
1. PLOT PLAN KCPL-P1501-A06-TD-101-P0
2. DOCKING AREA KCPL-P1501-A06 -TD-102- P0
3. HARPIC LINE KCPL-P1501-A06 -TD-103- P0
4. OFFICE KCPL-P1501-A06 -TD-104- P0
5. CANTEEN KCPL-P1501-A06 -TD-105-P0
6. PARKING AREA KCPL-P1501-A06 -TD-106- P0
7. SCRAP YARD KCPL-P1501-A06-TD-107-P0

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Knexir Consultants Pvt. Ltd.

Tel.: 022 6154 7800 Fax.: 022 25111092

Civil, Structural and Infrastructure works

For PROPOSED HARPIC LINE EXPANSION & RELATED

For M/s. Reckitt Benckiser (India) Pvt. Ltd.

Tel.: 022 6154 7800 Fax.: 022 25111092

Tel.: 022 6154 7800 Fax.: 022 25111092

Tel.: 022 6154 7800 Fax.: 022 25111092

Chapter – 2: TENDER NOTICE

Name of work Time of completion

Mr. Prashant Jain, NPS Manager,

For KNEXIR CONSULTANTS PVT. LTD.

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Chapter – 3: TENDER DOCUMENT ISSUE LETTER

Name of the Tenderer ___________________________

Address of the Tenderer ___________________________

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Chapter – 4: FORM OF TENDER

Dated this ________________ day of ____________________ 20_____

Signature in the capacity of

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duly authorized to sign tenders for and on behalf of

(IN BLOCK CAPITALS)

Name ______________________ Tenderer ________________________

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Chapter – 5: INSTRUCTIONS TO TENDERERS

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a. A construction program showing the Tenderer's proposed sequence of operations

e. Schedule of monthly electric power consumption including peak power requirement

g. Any special request or requirement.

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Chapter – 6: SPECIAL CONDITIONS OF CONTRACT

 Special Conditions of Contract

1.2 DEFINITIONS & INTERPREATIONS

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1.2.9 "IFC" drawings shall mean drawings "Issued for Construction".

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2.0 CONTRACTOR’S SCOPE OF WORK

3.0 CONTRACTOR’S SCOPE OF SUPPLY

4.0 OWNER’S SCOPE OF WORKS

5.0 TIME SCHEDULE

5.5.1 Weekly Progress Report

5.5.2 Monthly Progress Report

6.0 DELAY DAMAGES

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applicable as mentioned below.

7.0 SITE CLEANING

8.0 MEASUREMENT OF WORKS

9.0 ON ACCOUNT PAYMENTS

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10.0 ROUNDING OFF

11.0 TAXES AND DUTIES

12.0 WORKS CONTRACT

13.0 INCOME TAX & CORORATE TAX

13.2 Corporate Tax liability, if any shall be to CONTRACTOR’s account.

14.0 REGISTRATION UNDER GOODS AND SERVICE TAX ACT

15.0 LABOUR LAWS

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15A. COMPLIANCE WITH ENVIRONMENTAL LAWS

16.0 FIRM PRICE

18.0 DRAWINGS AND SPECIFICATIONS

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Dated this day of 20_

Name Tenderer __